Crimes against the Majesty of the People such as High Treason as also of Peculat that is robbery of the Treasury or defraudation of the Commonwealth appertains to this Tribe And if any Person or Persons Provincials or Citizens shall appeal to the People it belongs to the Prerogative to judg and determin the case provided that if the Appeal be from any Court of Justice in this Nation or the Provinces the Appellant shall first deposit a hundred Pounds in the Court from which he appeals to be forfeited to the same if he be cast in his Suit by the People But the Power of the Council of War being the expedition of this Commonwealth and the martial Law of the Strategus in the Field are those only from which there shall ly no Appeal to the People THE Proceding of the Prerogative in case of a Proposition is to be thus order'd The Magistrats proposing by Authority of the Senat shall rehearse the whole matter and expound it to the People which don they shall put the whole together to the Suffrage with three Boxes the Negative the Affirmative and the Nonsincere and the Suffrage being return'd to the Tribuns and number'd in the presence of the Proposers if the major Vote be in the Nonsincere the Proposers shall desist and the Senat shall resume the Debate If the major Vote be in the Negative the Proposers shall desist and the Senat too But if the major Vote be in the Affirmative then the Tribe is clear and the Proposers shall begin and put the whole matter with the Negative and the Affirmative leaving out the Nonsincere by Clauses and the Suffrages being taken and number'd by the Tribuns in the presence of the Proposers shall be written and reported by the Tribuns to the Senat. And that which is propos'd by the Authority of the Senat and consirm'd by the Command of the People is the Law of Oceana THE Proceding of the Prerogative in a case of Judicature is to be thus order'd The Tribuns being Auditors of all Causes appertaining to the cognizance of the People shall have notice of the Suit or Trial whether of Appeal or otherwise that is to be commenc'd and if any one of them shall acâ—ept of the same it appertains to him to introduce it A Cause being introduc'd and the People muster'd or assembl'd for the decision of the same the Tribuns are Presidents of the Court having power to keep it to Orders and shall be seated upon a Scaffold erected in the middle of the Tribe Vpon the right hand shall stand a Seat or large Pulpit assign'd to the Plaintif or the Accuser and upon the left another for the Defendent each if they please with his Council And the Tribuns being attended upon such occasions with so many Ballotins Secretarys Doorkeepers and Messengers of the Senat as shall be requisit one of them shall turn up a Glass of the nature of an Hourglass but such a one as is to be of an hour and a halfs running which being turn'd up the Party or Council on the right hand may begin to speak to the People If there be Papers to be read or Witnesses to be examin'd the Officer shall lay the Glass sideways till the Papers be read and the Witnesses examin'd and then turn it up again and so long as the Glass is running the Party on the right hand has liberty to speak and no longer The Party on the right hand having had his time the like shall be don in every respect for the Party on the left And the Cause being thus heard the Tribuns shall put the question to the Tribe with a white a black and a red Box or Nonsincere whether Guilty or not Guilty And if the Suffrage being taken the major Vote be in the Nonsincere the Cause shall be reheard upon the next juridical day following and put to the question in the same manner If the major Vote coms the second time in the Non-sincere the Cause shall be heard again upon the third day but at the third hearing the question shall be put without the Nonsincere Vpon the first of the three days in which the major Vote coms in the white Box the Party accus'd is absolv'd and upon the first of them in which it coms in the black Box the Party accus'd is condemn'd The Party accus'd being condemn'd the Tribuns if the case be criminal shall put with the white and the black Box these Questions or such of them as regard had to the case they shall conceive most proper 1. WHETHER he shall have a Writ of ease 2. WHETHER he shall be sin'd so much or so much 3. WHETHER he shall be consiscated 4. WHETHER he shall be render'd incapable of Magistracy 5. WHETHER he shall be banish'd 6. WHETHER he shall be put to death THESE or any three of these Questions whether simple or such as shall be thought sitly mix'd being put by the Tribuns that which has most above half the Voies in the black Box is the Sentence of the People which the Troop of the third Classis is to see executed accordingly BVT wheras by the Constitution of this Commonwealth it may appear that neither the Propositions of the Senat nor the Judicature of the People will be so frequent as to hold the Prerogative in continual imployment the Senat a main part of whose Office it is to teach and instruct the People shall duly if they have no greater Affairs to divert them cause an Oration to be made to the Prerogative by som Knight or Magistrat of the Senat to be chosen out of the ablest men and from time to time appointed by the Orator of the House in the great Hall of the Pantheon while the Parlament resides in the Town or in som Grove or sweet place in the sield while the Parlament for the heat of the year shall reside in the Country upon every Tuesday morning or afternoon AND the Orator appointed for the time to this Office shall first repeat the Orders of the Commonwealth with all possible brevity and then making choice of one or som part of it discourse therof to the People An Oration or Discourse of this nature being afterward perus'd by the Council of State may as they see cause be printed and publish'd THE ARCHON'S Comment upon the Order I find to have bin of this sense My Lords TO crave pardon for a word or two in farther explanation of what was read I shall briefly shew how the Constitution of this Tribe or Assembly answers to their Function and how their Function which is of two parts the former in the Result or Legislative Power the latter in the supreme Judicature of the Common-wealth answers to their Constitution MACCHIAVEL has a Discourse where he puts the question Whether the guard of Liberty may with more security be committed to the Nobility or to the People Which doubt of his arises thro the want of explaining his terms for the guard of Liberty can
is a greater Light which they have I do not know There is a greater Light than the Sun but it dos not extinguish the Sun nor dos any Light of Gods giving extinguish that of Nature but increase and sanctify it Wherfore neither the Honor born by the Israelitish Roman or any other Commonwealth that I have shewn to their Ecclesiastics consisted in being govern'd by them but in consulting them in matters of Religion upon whose Responses or Oracles they did afterwards as they thought fit Nor would I be here mistaken as if by affirming the Universitys to be in order both to Religion and Government of absolute necessity I declar'd them or the Ministry in any wise fit to be trusted so far as to exercise any power not deriv'd from the Civil Magistrat in the administration of either If the Jewish Religion were directed and establish'd by MOSES it was directed and establish'd by the Civil Magistrat or if MOSES exercis'd this Administration as a Prophet the same Prophet did invest with the same Administration the Sanhedrim and not the Priests and so dos our Commonwealth the Senat and not the Clergy They who had the supreme Administration or Government of the National Religion in Athens were the first ARCHON the Rex Sacrificus or High Priest and a Polemarch which Magistrats were ordain'd or elected * * Per 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by the holding up of hands in the Church Congregation or Comitia of the People The Religion of Lacedemon was govern'd by the Kings who were also High Priests and officiated at the Sacrifice these had power to substitute their Pythii Embassadors or Nuncios by which not without concurrence of the Senat they held intelligence with the Oracle of APOLLO at Delphos And the Ecclesiastical part of the Commonwealth of Rome was govern'd by the Pontifex Maximus the Rex Sacrificulus and the Flamins all ordain'd or elected by the People the Pontifex by the ††Tributis Tribes the King by the ‖ ‖ Centuriatis Centurys and the Flamins by the ‖ ‖ ‖ ‖ Curiatis Comitiis Parishes I do not mind you of these things as if for the matter there were any parallel to be drawn out of their Superstitions to our Religion but to shew that for the manner antient Prudence is as well a rule in divine as human things nay and such a one as the Apostles themselves ordaining Elders by the holding up of hands in every Congregation have exactly follow'd for som of the Congregations where they thus ordain'd Elders were those of Antioch Iconium Lystra Derbe the Countrys of Lycaonia Pisidia Pamphylia Perga with Attalia Now that these Citys and Countrys when the Romans propagated their Empire into Asia were found most of them Commonwealths and that many of the rest were indu'd with like power so that the People living under the protection of the Roman Emperors continu'd to elect their own Magistrats is so known a thing that I wonder whence it is that men quite contrary to the universal proof of these examples will have Ecclesiastical Government to be necessarily distinct from Civil Power when the Right of the Elders ordain'd by the holding up of hands in every Congregation to teach the People was plainly deriv'd from the same Civil Power by which they ordain'd the rest of their Magistrats And it is not otherwise in our Commonwealth where the Parochial Congregation elects or ordains its Pastor To object the Common-wealth of Venice in this place were to shew us that it has bin no otherwise but where the Civil Power has lost the liberty of her Conscience by imbracing Popery as also that to take away the Liberty of Conscience in this Administration from the Civil Power were a proceding which has no other precedent than such as is Popish Wherfore your Religion is settled after the following manner the Universitys are the Seminarys of that part which is national by which means others with all safety may be permitted to follow the Liberty of their own Consciences in regard that however they behave themselves the ignorance of the unlearned in this case cannot lose your Religion nor disturb your Government which otherwise it would most certainly do and the Universitys with their Emoluments as also the Benefices of the whole Nation are to be improv'd by such Augmentations as may make a very decent and comfortable subsistence for the Ministry which is neither to be allow'd Synods nor Assemblys except upon the occasion shewn in the Universitys when they are consulted by the Council of State and suffer'd to meddle with Affairs of Religion nor to be capable of any other public Preferment whatsoever by which means the Interest of the Learned can never com to corrupt your Religion nor disturb your Government which otherwise it would most certainly do Venice tho she dos not see or cannot help the corruption of her Religion is yet so circumspect to avoid disturbance of her Government in this kind that her Council procedes not to election of Magistrats till it be proclaim'd Fora Papalini by which words such as have consanguinity with red Hats or relation to the Court of Rome are warn'd to withdraw If a Minister in Holland meddles with matter of State the Magistrat sends him a pair of Shoes wherupon if he dos not go he is driven away from his charge I wonder why Ministers of all men should be perpetually tampering with Government first because they as well as others have it in express charge to submit themselves to the Ordinances of men and secondly because these Ordinances of men must go upon such political Principles as they of all others by any thing that can be found in their Writings or Actions least understand whence you have the suffrage of all Nations to this sense that an ounce of Wisdom is worth a pound of Clergy Your greatest Clercs are not your wisest men and when som foul Absurdity in State is committed it is common with the French and even the Italians to call it Pas de Clerc or Governo da Prete They may bear with men that will be preaching without study while they will be governing without Prudence My Lords if you know not how to rule your Clergy you will most certainly like a man that cannot rule his Wife have neither quiet at home nor honor abroad Their honest Vocation is to teach your Children at the Schools and the Universitys and the People in the Parishes and yours is concern'd to see that they do not play the shrews of which parts dos consist the Education of your Commonwealth so far as it regards Religion The Ins of Court and Chancery TO JUSTICE or that part of it which is commonly executive answers the Education of the Ins of Court and Chancery Upon which to philosophize requires a peculiar kind of Learning that I have not But they who take upon them any Profession proper to the Educations mention'd that is Theology Physic or Law
Result in every Government is the Law in that Government 5. IN absolute Monarchy the ultimat Result is in the Monarch 6. IN Aristocracy or regulated Monarchy the ultimat Result is in the Lords or Peers or not without them 7. IN Democracy the ultimat Result is in the People 8. LAW in absolute Monarchy holds such a disproportion to natural Equity as the Interest of one Man to the Interest of all Mankind 9. LAW in Aristocracy holds such a disproportion to natural Equity as the Interest of a few Men to the Interest of all Mankind 10. LAW in Democracy holds such a disproportion to natural Equity as the Interest of a Nation to the Interest of all Mankind 11. ONE Government has much nearer approaches to natural Equity than another but in case natural Equity and Selfpreservation com in competition so natural is Selfpreservation to every Creature that in that case no one Government has any more regard to natural Equity than another 12. A Man may devote himself to death or destruction to save a Nation but no Nation will devote it self to death or destruction to save Mankind 13. MACCHIAVEL is decry'd for saying that no consideration is to be had of what is just or injust of what is merciful or cruel of what is honorable or ignominious in case it be to save a State or to preserve Liberty which as to the manner of expression is crudely spoken But to imagin that a Nation will devote it self to death or destruction any more upon Faith given or an Ingagement therto tending than if there had bin no such Ingagement made or Faith given were nor piety but folly 14. WHERSOEVER the power of making Law is there only is the power of interpreting the Law so made 15. GOD who has given his Law to the Soul of that man who shall voluntarily receive it is the only Interpreter of his Law to that Soul such at least is the judgment of Democracy With absolute Monarchy and with Aristocracy it is an innat Maxim That the People are to be deceiv'd in two things their RELIGION and their LAW Chap. IX or that the Church orthemselves are Interpreters of all Scripture as the Priests were antiently of the Sibyls Books FORM of Government as to the Legal part being thus completed is sum'd up in the three following Aphorisms 16. ABSOLUTE Monarchy for the Legal part of the Form consists of such Laws as it pretends God has deliver'd or given the King and Priests power to interpret or it consists of such Laws as the Monarch shall chuse or has chosen 17. ARISTOCRACY for the Legal part of the Form consists of such Laws as the Nobility shall chuse or have chosen or of such as the People shall chuse or have chosen provided they be agreed to by their Lords or by the King and their Lords 18. DEMOCRACY for the Legal part of the Form consists of such Laws as the People with the advice of their Council or of the Senat shall chuse or have chosen CHAP. IX Of Form in the Judicial part 1. MULTIPLICITY of Laws being a multiplicity of Snares for the People causes Corruption of Government 2. PAUCITY of Laws requires arbitrary Power in Courts or Judicatorys 3. ARBITRARY Power in reference to Laws is of three kinds 1 In making altering abrogating or interpreting of Laws which belong to the Soverain Power 2 In applying Laws to Cases which are never any one like another 3 In reconciling the Laws among themselves 4. THERE is no difficulty at all in judging of any case whatsoever according to natural Equity 5. ARBITRARY Power makes any man a competent Judg for his Knowlege but leaving him to his own Interest which oftentimes is contrary to Justice makes him also an incompetent Judg in regard that he may be partial 6. PARTIALITY is the cause why Laws pretend to abhor Arbitrary Power nevertheless seeing that not one case is altogether like another there must in every Judicatory be som arbitrary Power 7. PAUCITY of Laws causes arbitrary Power in applying them and Multiplicity of Laws causes arbitrary Power in reconciling and applying them too 8. ARBITRARY Power where it can do no wrong dos the greatest right because no Law can ever be so fram'd but that without arbitrary Power it may do wrong 9. ARBITRARY Power going upon the Interest of One or of a Few makes not a just Judicatory 10. ARBITRARY Power going upon the Interest of the whole People makes a just Judicatory 11. ALL Judicatorys and Laws which have bin made by Arbitrary Power allow of the Interpretation of Arbitrary Power and acknowlege an appeal from themselves to it 12. THAT Law which leaves the least arbitrary Power to the Chap. IX Judg or Judicatory is the most perfect Law 13. LAWS that are the fewest plainest and briefest leave the least arbitrary Power to the Judg or Judicatory and being a Light to the People make the most incorrupt Government 14. LAWS that are perplext intricat tedious and voluminous leave the greatest arbitrary Power to the Judg or Judicatory and raining snares on the People make the most corrupt Government 15. SEEING no Law can be so perfect as not to leave arbitrary Power to the Judicatory that is the best Constitution of a Judicatory where arbitrary Power can do the least hurt and the worst Constitution of a Judicatory is where arbitrary Power can do the most ill 16. ARBITRARY Power in one Judg dos the most in a few Judges dos less and in a multitude of Judges dos the least hurt 17. THE ultimat Appeal from all inferior Judicatorys is to som soverain Judg or Judicatory 18. THE ultimat Result in every Government as in absolute Monarchy the Monarch in Aristocracy or Aristocratical Monarchy the Peers in Democracy the Popular Assembly is a soverain Judg or Judicatory that is arbitrary 19. ARBITRARY Power in Judicatorys is not such as makes no use of the Law but such by which there is a right use to be made of the Laws 20. THAT Judicatory where the Judg or Judges are not obnoxious to Partiality or privat Interest cannot make a wrong use of Power 21. THAT Judicatory that cannot make a wrong use of Power must make a right use of Law 22. EVERY Judicatory consistâ— of a Judg or som Judges without a Jury or of a Jury on the Bench without any other Judg or Judges or of a Judg or Judges on the Bench with a Jury at the Bar. FORM of Government as to the Judicial part being thus completed is sum'd up in the three following Aphorisms 23. ABSOLUTE Monarchy for the Judicial part of the Form admits not of any Jury but is of som such kind as a Cadee or Judg in a City or as we say in a Hundred with an Appeal to a Cadaliskar or a Judg in a Province from whom also there lys an Appeal to the Mâ—phti who is at the devotion of the Grand Signor or of the Monarch 24. ARISTOCRACY or Aristocratical
Estates there must be equality of Power and where there is equality of Power there can be no Monarchy The generation of the Common-wealth TO com then to the generation of the Commonwealth it has bin shewn how thro the ways and means us'd by PANURGUS to abase the Nobility and so to mend that flaw which we have asserted to be incurable in this kind of Constitution he suffer'd the Balance to fall into the power of the People and so broke the Government but the Balance being in the People the Commonwealth tho they do not see it is already in the nature of * Cornua nota priâ—â— vitulo quà m frontibus extant them There wants nothing else but Time which is slow and dangerous or Art which would be more quick and secure for the bringing those native Arms wherwithal they are found already to resist they know not how every thing that opposes them to such maturity as may fix them upon their own strength and bottom What Prudence is BUT wheras this Art is Prudence and that part of Prudence which regards the present Work is nothing else but the skill of raising such Superstructures of Government as are natural to the known Foundations they never mind the Foundation but thro certain animosities wherwith by striving one against another they are infected or thro freaks by which not regarding the course of things nor how they conduce to their purpose they are given to building in the Air com to be divided and subdivided into endless Partys and Factions both Civil and Ecclesiastical which briefly to open I shall first speak of the People in general and then of their Divisions A PEOPLE says MACCHIAVEL that is corrupt is not capable of a Commonwealth But in shewing what a corrupt People is he has either involv'd himself or me nor can I otherwise com out of the Labyrinth than by saying that the Balance altering a People as to the foregoing Government must of necessity be corrupt but Corruption in this sense signifys no more than that the Corruption of one Government as in natural Bodys is the Generation of another Wherfore if the Balance alters from Monarchy the Corruption of the People in this case is that which makes them capable of a Commonwealth But wheras I am not ignorant that the Corruption which he means is in Manners this also is from the Balance For the Balance leading from Monarchical into Popular abates the Luxury of the Nobility and inriching the People brings the Government from a more privat to a more public Interest which coming nearer as has bin shewn to Justice and right Reason the People upon a like alteration is so far from such a Corruption of Manners as should render them incapable of a Commonwealth that of necessity they must therby contract such a Reformation of Manners as will bear no other kind of Government On the other side where the Balance changes from Popular to Oligarchical or Monarchical the public Interest with the Reason and Justice included in the same becoms more privat Luxury is introduc'd in the room of Temperance and Servitude in that of Freedom which causes such a corruption of Manners both in the Nobility and People as by the Example of Rome in the time of the Triumvirs is more at large discover'd by the Author to have bin altogether incapable of a Commonwealth BUT the Balance of Oceana changing quite contrary to that of Rome the Manners of the People were not therby corrupted but on the contrary adapted to a Commonwealth For differences of Opinion in a People not rightly inform'd of their Balance or a division into Partys while there is not any common Ligament of Power sufficient to reconcile or hold them is no sufficient proof of Corruption Nevertheless seeing this must needs be matter of scandal and danger it will not be amiss in shewing what were the Partys to shew what were their Errors THE Partys into which this Nation was divided were Temporal or Spiritual and the Temporal Partys were especially two the one Royalists the other Republicans each of which asserted their different Causes either out of Prudence or Ignorance out of Interest or Conscience FOR Prudence either that of the Antients is inferior to the Modern which we have hitherto bin setting face to face that any one The Royalist may judg or that of the Royalist must be inferior to that of the Commonwealthsman And for Interest taking the Commonwealths-man to have really intended the Public for otherwise he is a Hypocrit and the worst of Men that of the Royalist must of necessity have bin more pâ—ivat Wherfore the whole dispute will com upon matter of Conscience and this whether it be urg'd by the Right of Kings the Obligation of former Laws or of the Oath of Allegiance is absolv'd by the Balance FOR if the Right of Kings were as immediatly deriv'd from the Breath of God as the Life of Man yet this excludes not Death and Dissolution But that the dissolution of the late Monarchy was as natural as the Death of a Man has bin already shewn Wherfore it remains with the Royalists to discover by what Reason or Experience it is possible for a Monarchy to stand upon a popular Balance or the Balance being popular as well the Oath of Allegiance as all other Monarchical Laws imply an impossibility and are therfore void The Commonwealthsman TO the Commonwealthsman I have no more to say but that if he excludes any Party he is not truly such nor shall ever found a Commonwealth upon the natural Principle of the same which is Justice And the Royalist for having oppos'd a Commonwealth in Oceana where the Laws were so ambiguous that they might be eternally disputed and never reconcil'd can neither be justly for that cause excluded from his full and equal share in the Government nor prudently for this reason that a Commonwealth consisting of a Party will be in perpetual labor of her own destruction Whence it was that the Romans having conquer'd the Albans incorporated them with equal Right into the Commonwealth And if the Royalists be flesh of your flesh and nearer of Blood than were the Albans to the Romans you being also both Christians the Argument's the stronger Nevertheless there is no reason that a Commonwealth should any more favor a Party remaining in fix'd opposition against it than BRUTUS did his own Sons But if it sixes them upon that opposition it is its own fault not theirs and this is don by excluding them Men that have equal Possessions and the same security for their Estates and their Libertys that you have have the same cause with you to defend both But if you will be trampling they fight for Liberty tho for Monarchy and you for Tyranny tho under the name of a Common-wealth The nature of Orders in a Government rightly instituted being void of all jealousy because let the Partys which it imbraces bo what they will
perform the Ballot as he can make five thousand Men drawing them out by double Files to march a quarter of a mile But because at this Ballot to go up and down the Field distributing the linen Pellets to every Man with which he is to ballot or give suffrage would lose a great deal of time therfore a Mans Wife his Daughters or others make him his provision of Pellets before the Ballot and he coms into the field with a matter of a score of them in his pocket And now I have as good as don with the sport The next is 11. Order Functions of the Magistrats of the Prime Magnitude THE eleventh ORDER explaining the Dutys and Functions of the Magistrats contain'd in the List of the Prime Magnitude And those of the Hundreds beginning with the Lord High Sheriff who over and above his more antient Offices and those added by the former Order is the first Magistrat of the Phylarch or Prerogative Troop The Lord Lieutenant over and above his Duty mention'd is Commander in Chief of the Musters of the Youth and second Magistrat of the Phylarch The Custos Rotulorum is to return the yearly Muster-rolls of the Tribe as well that of the Youth as of the Elders to the Rolls in Emporium and is the third Magistrat of the Phylarch The Censors by themselves and their Subcensors that is the Overseers of the Parishes are to see that the respective Laws of the Ballot be observ'd in all the popular Assemblys of the Tribe They have power also to put such National Ministers as in Preaching shall intermeddle with matters of Government out of their Livings except the Party appeals to the Phylarch or to the Council of Religion where in that case the Censors shall prosecute All and every one of these Magistrats together with the Justices of Peace and the Jurymen of the Hundreds amounting in the whole number to threescore and six are the Prerogative Troop or Phylarch of the Tribe THE Function of the Phylarch or Prerogative Troop is fivefold Functions of the Phylarch FIRST They are the Council of the Tribe and as such to govern the Musters of the same according to the foregoing Orders having cognizance of what has past in the Congregation or Elections made in the Parishes or the Hundreds with power to punish any undue practices or variation from their respective Rules and Orders under an Appeal to the Parlament A Marriage legitimatly is to be pronounc'd by the Parochial Congregation the Muster of the Hundred or the Phylarch And if a Tribe have a desire which they are to express at the Muster by their Captains every Troop by his own to petition the Parlament the Phylarch as the Counsil shall frame the Petition in the Pavilion and propose it by Clauses to the Ballot of the whole Tribe and the Clauses that shall be affirm'd by the Ballot of the Tribe and sign'd by the hands of the six Magistrats of the Prime Magnitude shall be receiv'd and esteem'd by the Parlament as the Petition of the Tribe and no other SECONDLY The Phylarch has power to call to their assistance what other Troops of the Tribe they please be they Elders or Youth whose Disciplin will be hereafter directed and with these to receive the Judges Itinerant in their Circuits whom the Magistrats of the Phylarch shall assist upon the Bench and the Jurys elswhere in their proper functions according to the more antient Laws and Customs of this Nation THIRDLY The Phylarch shall hold the Court call'd the Quarter Sessions according to the antient Custom and therin shall also hear Causes in order to the protection of Liberty of Conscience by such Rules as are or shall hereafter be appointed by the Parlament FOURTHLY All Commissions issu'd into the Tribes by the Parlament or by the Chancery are to be directed to the Phylarch or som of that Troop and executed by the same respectively FIFTHLY In the case of Levys of Mony the Parlament shall tax the Phylarchs the Phylarchs shall tax the Hundreds the Hundreds the Parishes and the Parishes shall levy it upon themselves The Parishes having levy'd the Tax Mony accordingly shall return it to the Officers of the Hundreds the Hundreds to the Phylarchs and the Phylarchs to the Exchequer But if a man has ten Children living he shall pay no Taxes if he has five living he shall pay but half Taxes if he has bin marry'd three years or be above twenty five years of Age and has no Child or Children lawfully begotten he shall pay double Taxes And if there happen to grow any dispute upon these or such other Orders as shall or may hereto be added hereafter the Phylarchs shall judg the Tribes and the Parlament shall judg the Phylarchs For the rest if any man shall go about to introduce the right or power of Debate into any popular Council or Congregation of this Nation the Phylarch or any Magistrat of the Hundred or of the Tribe shall cause him presently to be sent in custody to the Council of War Institution of the Roll call'd the Pillar of Nilus THE part of the Order relating to the Rolls in Emporium being of singular use is not unworthy to be somwhat better open'd In what manner the Lists of the Parishes Hundreds and Tribes are made has bin shewn in their respective Orders where after the Partys are elected they give an account of the whole number of the Elders or Deputys in their respective Assemblys or Musters the like for this part exactly is don by the Youth in their Disciplin to be hereafter shewn wherfore the Lists of the Parishes Youth and Elders being sum'd up give the whole number of the People able to bear Arms and the Lists of the Tribes Youth and Elders being sum'd up give the whole number of the People bearing Arms. This account being annually recorded by the Master of the Rolls is call'd the Pillar of Nilus because the People being the Riches of the Commonwealth as they are found to rise or fall by the degrees of this Pillar like that River give an account of the public Harvest THUS much for the Description of the first days work at the Muster which happen'd as has bin shewn to be don as soon as said for as in practice it is of small difficulty so requires it not much time seeing the great Council of Venice consisting of a like number begins at twelve of the Clock and elects nine Magistrats in one Afternoon But the Tribe being dismist for this night repair'd to their Quarters under the conduct of their new Magistrats The next morning returning into the field very early the Orator proceded to 12. Order Institution of the Galaxy THE twelfth ORDER directing the Muster of the Tribe in the second days Election being that of the List call'd the Galaxy in which the Censors shall prepare the Vrns according to the Directions given in the ninth Order for the second Ballot that is
except such as is proper to the Law Nevertheless if a man has but two Sons the Lord Lieutenant shall not suffer above one of them to com to the Vrn at one Election of the second Essay and tho he has above two Sons there shall not com above half the Brothers at one Election and if a man has but one Son he shall not com to the Vrn at all without the consent of his Parents or his Guardians nor shall it be any reproach to him or impediment to his bearing of Magistracy THIS Order with relation to foren Expeditions will be prov'd and explain'd together with 27. Order THE twenty seventh ORDER providing in case of Invasion apprehended that the Lords High Sherifs of the Tribes upon Commands receiv'd from the Parlament or the Dictator distribute the Bands of the Elders into divisions after the nature of the Essays of the Youth and that the second Division or Essay of the Elders being made and consisting of 30000 Foot and 10000 Horse be ready to march with the second Essay of the Youth and be brought also by the Conductors to the Strategus THE second Essay of the Elders and Youth being march'd out of their Tribes the Lords High Sherifs and Lieutenants shall have the remaining part of the annual Bands both of Elders and Youth in readiness which if the Beacons be fir'd shall march to the Rendevou to be in that case appointed by the Parlament or the Dictator And the Beacons being fir'd the Curiata Comitia or Parochial Congregations shall elect a fourth both of Elders and Youth to be immediatly upon the Guard of the Tribes and dividing themselves as aforesaid to march also in their Divisions according to Orders which method in case of extremity shall procede to the election of a third or the levy of a second or of the last man in the Nation by the Power of the Lords High Sherifs to the end that the Commonwealth in her utmost pressure may shew her trust that God in his Justice will remember Mercy by humbling her self and yet preserving her Courage Disciplin and Constancy even to the last drop of her blood and the utmost farthing THE Services perform'd by the Youth or by the Elders in case of Invasion and according to this Order shall be at their proper cost and charges that are any ways able to indure it but if there be such as are known in their Parishes to be so indigent that they cannot march out of their Tribes nor undergo the burden in this case incumbent then the Congregations of their Parishes shall furnish them with sufficient sums of Mony to be repaid upon the Certificat of the same by the Parlament when the Action shall be over And of that which is respectively injoin'd by this Order any Tribe Parish Magistrat or Person that shall fail is to answer for it at the Council of War as a Deserter of his Country THE ARCHON being the greatest Captain of his own if not of any age added much to the Glory of this Commonwealth by interweaving the Militia with more Art and Luster than any Legislator from or before the time of SERVIUS TULLIUS who constituted the Roman Militia But as the Bones or Skeleton of a man tho the greatest part of his Beauty be contain'd in their Proportion or Symmetry yet shewn without Flesh are a spectacle that is rather horrid than entertaining so without Discourses are the Orders of a Commonwealth which if she gos forth in that manner may complain of her Friends that they stand mute and staring upon her Wherfore this Order was thus flesh'd by the Lord ARCHON My Lords DIOGENES seeing a young Fellow drunk told him that his Father was drunk when he begot him For this in natural Generation I must confess I see no reason but in the Political it is right The Vices of the People are from their Governors those of their Governors from their Laws or Orders and those of their Laws or Orders from their Legislators * * Ut male posuimus initia sic catera sequuntur Cic. Whatever was in the Womb imperfect as to her proper work coms very rarely or never at all to perfection afterwards and the formation of a Citizen in the Womb of the Commonwealth is his Education EDUCATION by the first of the foregoing Orders is of six kinds At the School in the Mechanics at the Universitys at the Ins of Court or Chancery in Travels and in military Disciplin som of which I shall but touch and som I shall handle more at large Schools THAT which is propos'd for the erecting and indowing of Schools throout the Tribes capable of all the Children of the same and able to give to the Poor the Education of theirs gratis is only matter of direction in case of very great Charity as easing the needy of the charge of their Children from the ninth to the fifteenth year of their age during which time their work cannot be profitable and restoring them when they may be of use furnish'd with tools wherof there are advantages to be made in every work seeing he that can read and use his Pen has som convenience by it in the meanest Vocation And it cannot be conceiv'd but that which coms tho in small parcels to the advantage of every man in his Vocation must amount to the advantage of every Vocation and so to that of the whole Commonwealth Wherfore this is commended to the Charity of every wisehearted and welminded man to be don in time and as God shall stir him up or inable him there being such provision already in the case as may give us leave to procede without obstruction Mechanics in general PARENTS under animadversion of the Censors are to dispose of their Children at the fifteenth year of their age to somthing but what is lest according to their abilitys or inclination at their own choice This with the multitude must be to the Mechanics that is to say to Agriculture or Husbandry to Manufactures or to Merchandize Husbandry AGRICULTURE is the Bread of the Nation we are hung upon it by the teeth it is a mighty Nursery of Strength the best Army and the most assur'd Knapsac it is manag'd with the least turbulent or ambitious and the most innocent hands of all other Arts. Wherfore I am of ARISTOTLE'S opinion that a Commonwealth of Husbandmen and such is ours must be the best of all others Certainly my Lords you have no measure of what ought to be but what can be don for the incouragement of this Profession I could wish I were Husband good enough to direct somthing to this end but racking of Rents is a vile thing in the richer sort an uncharitable one to the poorer a perfect mark of Slavery and nips your Commonwealth in the fairest Blossom On the other side if there should be too much ease given in this kind it would occasion Sloth and so destroy Industry the principal
the King that faithfully judges the Poor his Throne shall be establish'd for ever much more the Commonwealth seeing that equality which is the necessary dissolution of Monarchy is the Generation the very Life and Soul of a Commonwealth And now if ever I may be excusable seeing my assertion that the Throne of a Commonwealth may be establish'd for ever is consonant to the holy Scriptures THE Balance of a Commonwealth that is equal is of such a nature that whatever falls into her Empire must fall equally and if the whole Earth falls into your Scales it must fall equally and so you may be a greater People and yet not swerve from your Principles one hair Nay you will be so far from that that you must bring the world in such a case to your Balance even to the Balance of Justice But hearken my Lords are we on Earth do we see the Sun or are we visiting those shady places which are feign'd by the Poets Continuò auditae voces vagitus ingens These Gothic Empires that are yet in the world were at the first tho they had legs of their own but a heavy and unweildy burden but their Foundations being now broken the Iron of them enters even into the Souls of the Opprest and hear the voice of their Comforters My Father hath chastis'd you with Whips but I will chastise you with Scorpions Hearken I say if thy Brother crys to thee in affliction wilt thou not hear him This is a Commonwealth of the Fabric that has an open ear and a public concern she is not made for her self only but given as a Magistrat of God to Mankind for the vindication of common Right and the Law of Nature Wherfore says CICERO of the like that of the Romans * * Nos magis Patronatum orbis terrarum suscepimus quam Imperium We have rather undertaken the Patronage than the Empire of the World If you not regarding this Example like som other Nations that are upon the point to smart for it shall having attain'd to your own Liberty bear the Sword of your common Magistracy in vain sit still and fold your Arms or which is worse let out the Blood of your People to Tyrants to be shed in the defence of their Yokes like Water and so not only turn the Grace of God into wantonness but his Justice into Wormwood I say if you do thus you are not now making a Commonwealth but heaping coals of fire upon your own heads A Commonwealth of this make is a Minister of God upon Earth to the end that the World may be govern'd with Righteousness For which cause that I may com at length to our present business the Orders last rehears'd are buds of Empire such as with the blessing of God may spread the Arms of your Commonwealth like a holy Asylum to the distress'd World and give the Earth her Sabbath of years or rest from her Labors under the shadow of your Wings It is upon this point where the Writings of MACCHIAVEL having for the rest excel'd all other Authors com as far to excel themselves COMMONWEALTHS says he have had three ways of propagating Disc B. 2. C. 4. themselves one after the manner of Monarchys by imposing the Yoke which was the way of Athens and towards the latter times of Lacedemon another by equal Leagues which is the way of Switzerland I shall add of Holland tho since his time a third by inequal Leagues which to the shame of the World was never practis'd nay nor so much as seen or minded by any other Common-wealth but that only of Rome They will each of them either for caution or imitation be worthy to be well weigh'd which is the proper work of this place Athens and Lacedemon have bin the occasion of great scandal to the world in two or at least one of two regards the first their Emulation which involv'd Greece in perpetual Wars the second their way of Propagation which by imposing Yokes upon others was plainly contradictory to their own Principles FOR the first Governments be they of what kind soever if they be planted too close are like Trees that impatient in their growth to have it hinder'd eat out one another It was not unknown to these in speculation or if you read the story of AGESILAUS in action that either of them with thirty thousand men might have master'd the East and certainly if the one had not stood in the others light ALEXANDER had com too late to that end which was the means and would be if they were to live again of ruin at least to one of them wherfore with any man that understands the nature of Government this is excusable So it was between Oceana and Marpesia so it is between France and Spain tho less excusable and so it ever will be in the like cases But to com to the second occasion of Scandal by them given which was in the way of their propagation it is not excusable for they brought their Confederats under bondage by which means Athens gave occasion of the Peloponnesian War the wound of which she dy'd stinking when Lacedemon taking the fame Infection from her Carcase soon follow'd WHERFORE my Lords let these be warnings to you not to make that Liberty which God has given you a snare to others in practising this kind of inlargement of your selves THE second way of Propagation or Inlargement us'd by Commonwealths is that of Switzerland and Holland equal Leagues This tho it be not otherwise mischievous is useless to the World and dangerous to themselves useless to the World for as the former Governments were Storks these are Blocks have no sense of Honor or concern in the Sufferings of others But as the Aetolians a State of the like Fabric were reproach'd by PHILIP of Macedon to prostitute themselves by letting out their Arms to the Lusts of others while they leave their own Liberty barren and without legitimat issue so I do not defame these People the Switzer for Valor has no Superior the Hollander for Industry no equal but themselves in the mean time shall so much the less excuse their Governments seeing that to the Switz it is well enough known that the Ensigns of his Commonwealth have no other Motto than in te converte manus and that of the Hollander tho he sweats more Gold than the Spaniard digs lets him languish in debt for she her self lives upon charity These are dangerous to themselves precarious Governments such as do not command but beg their Bread from Province to Province in Coats that being patch'd up of all colors are in effect of none That their Cantons and Provinces are so many Arrows is good but they are so many Bows too which is naught LIKE to these was the Commonwealth of the antient Tuscans hung together like Bobbins without a hand to weave with them therfore easily overcom by the Romans tho at that time for number a far less
set up for Batchelors Masters and Doctors of fine things narrow their inimitable Eloquence a piece of very pedantical Pride The World can never make sense of this any otherwise than that since Heads and Fellows of Colleges became the only Greecs and Romans the Greecs and Romans are becom servily addicted of narrow Principles very Pedants and prouder of those things they do not understand than the other were of those they did For say they in this Question the Examples of the Babylonians Persians and Egyptians not to omit the antient and like modern Discoverys of the Queen of the Amazons and of the King of China cannot without gross partiality be neglected This is pretty they who say nothing at all to the Policy of these Governments accuse me who have fully open'd it of negligence The Babylonian Persian and for ought appears to the contrary the Chinese Policy is sum'd up and far excell'd by that at this this day of Turky and in opening this latter I have open'd them all so far from neglect that I every where give the Turc his due whose Policy I assert to be the best of this kind tho not of the best kind But they will bear me down and but with one Argument which I beseech you mark that it is absolutely of the best kind for say they it is of a more absolute form has more of the Man and less of the Law in it than is to be met with in any Kingdom of Europe Book I I AM amaz'd This is that kind of Goverment which to hold Barbarous was in the Greecs and Romans Pedantical Pride but would be in us who have not the same Temtation of Interest downright Folly The Interest of a People is not their Guide but their Temtation We that hold our Land divided among us have not the same Temtation of Interest that had the servil Hebrews Greecs and Romans but the same that had the free People of Babylon Persia and Egypt where not the People but the Prince was sole Landlord O the Arts in which these men are Masters To follow the pedantical Pride of MOSES LYCURGUS SOLON ROMULUS were with us downright Folly but to follow humble and learned MAHOMET or OTTOMAN in whose only Model the Perfection of the Babylonian Persian Egyptian Policy is consummated is Antient Prudence Exquisit Politicians egregious Divines for the leading of a People into Egypt or Babylon These things consider'd whether Antient Prudence as I have stated it be downright Folly or as they have stated it be not downright Knavery I appeal to any Court of Claims in the world where the Judges I mean have not more in their Caps than in their Heads and in their Sleeves than the Scarlet And wheras Men love compendious works if I gain my Cause the Reader for an answer to the Oxford Book needs look no further than this Chapter For if Riches and Freedom be the end of Government and these Men propose nothing but Slavery Beggery and Turcism what need more words CHAP. II. Whether a Commonwealth be rightly defin'd to be a Government of Laws and not of Men and a Monarchy to be the Government of som Man or a few Men and not of Laws THAT part of the Preliminarys which the Prevaricator as is usual with him recites in this place falsly and fraudulently is thus Relation had to these two times that of Antient and that of Modern Prudence the one as is computed by JANOTTI ending with the Liberty of Rome the other beginning with the Arms of CESAR which extinguishing Liberty became the Translation of Antient into Modern Prudence introduc'd in the Ruin of the Roman Empire by the Goths and Vandals GOVERNMENT to define it de jure or according to Antient Prudence is an Art wherby a civil Society of Men is instituted and preserv'd upon the Foundation of Common Right or Interest or to follow ARISTOTLE and LIVY it is an Empire of Laws and not of Men. AND Government to define it de facto or according to Modern Prudence is an Art wherby som Man or som few Men subject a City or a Nation and rule it according to his or their privat Interest which because Laws in such cases are made according to the Interest of a Man or som few Familys may be said to be an Empire of Men and not of Laws HEREBY it is plain whether in an Empire of Laws and not of Men as a Commonwealth or in an Empire of Men and not of Laws as Monarchy First That Law must equally procede from Will that is either from the Will of the whole People as in a Commonwealth Chap. 2 from the Will of one Man as in an Absolute or from the Will of a few Men as in a Regulated Monarchy SECONDLY That Will whether of one or more or all is not presum'd to be much less to act without a Mover THIRDLY That the Mover of the Will is Interest FOURTHLY That Interests also being of one of more or of all those of one Man or of a few Men where Laws are made accordingly being more privat than coms duly up to the Law the nature wherof lys not in Partiality but in Justice may be call'd the Empire of Men and not of Laws And that of the whole People coming up to the public Interest which is no other than common Right and Justice excluding all Partiality or privat Interest may be call'd the Empire of Laws and not of Men. By all which put together wheras it is demonstrable that in this division of Government I do not stay at the Will which must have som Motive or Mover but go to the first and remotest Notion of Government in the Foundation and Origination of it in which lys the Credit of this Division and the Definition of the several Members that is to say of Interest whether privat or public the Prevaricator tells me That this division of Government Consid p. â— having he knows not how lost its Credit the definitions of the several Members of it need not be consider'd further than that they com not at all up to the first and remotest Notion of Government in the Foundation and Origination of it in which lys all the difficulty and being here neglected there is little hope the subsequent Discourse can have in it the light of probable Satisfaction much less the Force of infallible Demonstration VERY good Interest it should seem then is not the first and remotest Notion of Government but that which he will outthrow and at this cast by saying that the Declaration of the Will of the Soverain Consid p. 8. Power is call'd Law which if it outlives the Person whose Will it was it is only because the Persons who succede in Power are presum'd to have the same Will unless they manifest the contrary and that is the Abrogation of the Law so that still the Government is not in the Law but in the Person whose Will gave a being to that
Law I might as well say The Declaration to all men by these presents that a man ows Mony is call'd a Bond which if it outlives the Person that enter'd into that Bond it is only because the Persons that succede him in his Estate are presum'd to have the same Will unless they manifest the contrary and that is the abrogation or cancelling of the Bond so that still the Debt is not in the Bond but in his Will who gave a being to that Bond. If it be alleg'd against this example that it is a privat one the case may be put between several Princes States or Governments or between several States of the same Principality or Government whether it be a Regulated Monarchy or a Commonwealth for in the like Obligation of the States as of the King the Lords and Commons or Partys agreeing Authoritate Patrum jussu Populi till the Partys that so agreed to the Obligation shall agree to repeal or cancel it lys all Law that is not merely in the Will of one Man or of one State or Party as the Oligarchy But not to dispute these things further in this place let the Government be what it will for the Prevaricator to fetch the Origination of Law no further than the Will while he knows very well that I fetch'd it from Interest the Antecedent of Will and yet Book I to boast that he has outthrown me I say he is neither an honest Man nor a good Bowler No matter he will be a better Gunner for where I said that the Magistrat upon the Bench is that to the Law which a Gunner upon his Platform is to his Cannon he gos about to take better aim and says If the proportion of things be accuratly consider'd it will appear that the laden Cannon answers not to the Laws but to the Power of the Person whose Will created those Laws Which if som of them that the Power of the Person whose Will created them intended should be of as good Stuff or Carriage as the rest do nevertheless according to the nature of their Matter or of their Charge com short or over and others break or recoil sure this Report of the Prevaricator is not according to the bore of my Gun but according to the bore of such a Gunner Yet again if he be not so good a Gunner he will be a better Anatomist for wheras I affirm that to say ARISTOTLE and CICERO wrote not the Rights or Rules of their Politics from the Principles of Nature but transcrib'd them into their Books out of the practice of their own Commonwealths is as if a man should say of famous HARVEY that he transcrib'd his Circulation of the Blood not out of the Principles of Nature but out of the Anatomy of this or that Body He answers that the whole force of this Objection amounts but to this that because HARVEY in his Circulation has follow'd the Principles of Nature therfore ARISTOTLE and CICERO have don so in their Discourses of Government PRETTY It is said in Scripture Thy Word is sweet as Hony Amounts that but to this Because Hony is sweet therfore the Word of God is sweet To say that my Lord Protector has not conquer'd many Nations were as if one should say that CESAR had not conquer'd many Nations Amounts that but to this that because CAESAR conquer'd many Nations therfore my Lord Protector has conquer'd many Nations What I produce as a Similitude he calls an Objection where I say as he says because what ingenuous man dos not detest such a cheat A Similitude is brought to shew how a thing is or may be not to prove that it is so it is us'd for Illustration not as an Argument The Candle I held did not set up the Post but shew where the Post was set and yet this blind Buzzard has run his head against it Nor has he yet enough if he be not the better Naturalist he will be the better Divine tho he should make the worse Sermon My Doctrin and Use upon that of SOLOMON I have seen Servants upon Horses and Princes walking as Servants upon the Ground discovers the true means wherby the Principles of Power and Authority the Goods of the Mind and of Fortune may so meet and twine in the Wreath or Crown of Empire that the Government standing upon Earth like a holy Altar and breathing perpetual Incense to Heaven in Justice and Piety may be somthing as it were between Heaven and Earth while that only which is propos'd by the best and resolv'd by the most becoms Law and so the whole Government an Empire of Laws and not of Men. This he says is a goodly Sermon it is honest and sense But let any man make sense or honesty Consid p. 7. of this Doctrin which is his own To say that Laws do or can govern is to amuse our selves with a Form of Speech as when we say Time or Age or Death dos such a thing to which indeed the Phansy of Poets and Superstition of Women may adapt a Person and give a Power of Action but wise Men know they are only Expressions of such Actions or Qualifications as belong to Things or Chap. 3 Persons SPEAK out Is it the Word of God or the Knavery and Nonsense of such Preachers that ought to govern Are we to hearken to that of the Talmud There is more in the word of a Scribe than in the words of the Law or that which Christ therupon says to the Pharisees You have made the Word of God of no effect by your Traditions Mat. 15. 6. Say is the Commonwealth to be govern'd in the Word of a Priest or a Pharisee or by the Vote of the People and the Interest of Mankind CHAP. III. Whether the Balance of Dominion in Land be the natural Cause of Empire THE Doctrin of the Balance is that tho he strains at it which choaks the Prevaricator for this of all others is that Principle which makes the Politics not so before the invention of the same to be undeniable throout and not to meddle with the Mathematics an Art I understand as little as Mathematicians do this the most demonstrable of any whatsoever FOR this cause I shall rather take pleasure than pains to look back or tread the same path with other and perhaps plainer steps as thus If a man having one hundred pounds a year may keep one Servant or have one man at his command then having one hundred times so much he may keep one hundred Servants and this multiply'd by a thousand he may have one hundred thousand men at his command Now that the single Person or Nobility of any Country in Europe that had but half so many men at command would be King or Prince is that which I think no man will doubt But * Point de Argent point de Suisse no Mony no Switzers as the French speak If the Mony be flown so are the Men also Tho
Authority of Israel with which she is arm'd Cap a Pe. It is true as the Prevaricator says in another place that Law can oblige only those Consid p. 36. to whom it was given and that the Laws of Israel were given as to the Power or Obligation of them only to the Children of Israel But the Power as has bin shewn of a Commonwealth and her Authority are different things her Power extends no further than her own People but her Authority may govern others as that of Athens did Rome when the latter wrote her twelve Tables by the Copy of the former In this manner tho a Man or a Commonwealth writing out of antient Governments have liberty to chuse that which sutes best with the occasion out of any yet whether we consider the Wisdom and Justice of the Legislator supremely good or the excellency of the Laws the Prerogative of Authority where the nature of the thing admits it must needs belong to Israel That this opinion should go sore with Divines is strange and yet if there be any feeling of their pulse by this their Advocat or Attorny it is as true In his Epist FOR while he finds me writing out of Venice he tells me I have wisely put my self under her Protection or Authority against whom he dares not make War lest he should take part with the Turk Consid p. 39. BUT when he finds me writing out of Israel he tells me that he is not aware of any Prerogative of Authority belonging to the Israelitish more than any other Republic which is to take part with the Devil SO much for Israel Now for Lacedemon but you will permit me to shake a Friend or two by the hand as I go THE first is ARISTOTLE in these words Pol. L. 5. c. 3. INEQUALITY is the source of all Sedition as when the Riches of one or the few com to cause such an Overbalance as draws the Common-wealth into Monarchy or Oligarchy for prevention wherof the Ostracism has bin of use in divers places as at Argos and Athens But it were better to provide in the beginning that there be no such Disease in the Commonwealth than to com afterwards to her Cure Book I THE second is PLUTARCH in these words Plut. Lycur LYCURGUS judging that there ought to be no other inequality among Citizens of the same Commonwealth than what derives from their Virtues divided the Land so equally among the Lacedemonians that on a day beholding the Harvest of their Lots lying by Cocks or Ricks in the field he laughing said that it seem'd to him they were all Brothers THE third should have bin the Considerer but he is at feud with us all Consid p. 78. THE Design of LYCURGUS he professes was not so much to attain an Equality in the frame of his Government as to drive into exile Riches and the effects of them Luxury and Debauchery GENTLEMEN What do you say you have the Judgment of three great Philosophers and may make your own choice only except he that has but one hundred pounds a year can have Wine and Women at as full command and Retainers in as great plenty as he that has ten thousand I should think these advantages accru'd from Inequality and that LYCURGUS had skill enough in a Commonwealth to see as much No says the Prevaricator it appears far otherwise in that he admitted of no Mony but old Iron a Cartload of which was worth little Well but in Israel where Silver and Gold was worth enough my Gentleman would have it that one man in the compass of fifty years might purchase the whole Land tho that Country was much larger than this and yet where if the People had us'd Mony they would have us'd Trade and using both such a thing thro the straitness of the Territory might have happen'd he will not conceive the like to have bin possible No tho he has an example of it in LYSANDER who by the spoil of Athens ruin'd the Agrarian first by the overbalance that a mans Mony came to hold to his Lot then by eating out the Lots themselves and in those the Equality of the Commonwealth But these things he interprets pleasantly as if the Vow of voluntary Poverty so he calls it being broken the Common-wealth like a forsworn Wretch had gon and hang'd her self a Phansy too rank I doubt of the Cloyster to be good at this work BUT wheras PLUTARCH upon the narrowness of these Lots which had they bin larger must have made the Citizens fewer than thirty thousand and so unable to defend the Commonwealth and use of this same old and rusty Iron instead of Mony observes Plut. Lycur it came by this means to pass that there was neither a fine Orator Fortuneteller Baud nor Goldsmith to be found in Lacedemon our Considerer professes THAT it is to him as strange as any thing in History that LYCURGUS should find credit enough to settle a Government which carry'd along with it so much want and hardship to particular men that the total absence of Government could scarce have put them into a worse condition the Laws that he made prohibiting the use of those things which to injoy with security is that only to other men that makes the Yoke of Laws supportable HERE he is no Monk again I would ask him no more than that Chap. 11 he would hold to somthing be it to any thing It is true we who have bin us'd to our Plumpottage are like enough to make faces as did the King of Pontus at the Lacedemonian black broth But who has open'd his mouth against Plumpottage gilded Coaches Pages Lacquys fair Mannorhouses good Tables rich Furniture full Purses Universitys good Benefices Scarlet Robes square Caps rich Jewels or said any thing that would not multiply all this Why says he you are so far right that the Voice of LYCURGUS'S Agrarian was Every man shall be thus poor and that of yours is That no man shall be more than thus rich This is an Argument an 't please you by which he thinks he has prov'd that there is no difference between the Agrarian that was in Lacedemon and that which is in Oceana For Sir whatsoever is thus and thus is like But the Agrarian of Lacedemon was thus A man could have no Mony or none that deserv'd that name and the Agrarian of Oceana is thus A mans Mony is not confin'd Therfore the Agrarian of the one and of the other are like Was it not a great grievance in Lacedemon think you that they had no such Logic nor Logician Be this as it will It had bin impossible says he for LYCURGUS to have settl'd his Government had he not wisely obtain'd a Response from the Oracle at Delphos magnifying and recommending it After which all resistance would have bin downright Impiety and Disobedience which concerns Mr. HARRINGTON very little The Bible then is not so good an Oracle as was that
in Greec for Plebiscitum but Psephisma and yet the Doctor puts it upon SUIDAS that he distinguishes between these two and taking that for granted where he finds Psephisma in DEMOSTHENES and the Attic Laws will have it to signify no more than a Decree of the Senat It is true that som Decrees of the Senat were so call'd but those of the People had no other name and whenever you find Psephisma in DEMOSTHENES or the Attic Laws for a Law there is nothing more certain than that it is to be understood of the People for to say that a Law in a Popular Commonwealth can be made without the People is a Contradiction Poll. lib. 8. c. 9. THE second Passage is a What think you of these words of POLLUX 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Which the Doctor having english'd in this manner The Thesmothetae do privatly prescribe when Judgment is to be given and promulge public Accusations and Suffrages to the People asks you whose Suffrages were these if not the Rulers By which strange Construction where POLLUX Book I having first related in what part the function of the Thesmothetae was common with that of the nine Archons coms 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to shew you what was peculiar to themselves namely to give notice when the Heliaea or other Judicatorys were to assemble the Doctor renders it they do privatly prescribe as if the Session of a Court of Justice and such a one as contain'd a thousand Judges being the Representative of the whole People were to be privatly prescrib'd Then to this privat prescribing of Justice he adds that they do publicly promulge 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Citations upon Crimes not within the written Law as if privat Prescription and public Promulgation could stand together Next wheras Promulgation in the very nature of the word signifys an Act before a Law made he presumes the Law to be first made by the Rulers and then promulgated by the Thesmothetae to the People kim kam to the experience of all Commonwealths the nature of Promulgation and the sense of his Author whose words as I shew'd before declare it to have bin the proper or peculiar office of the Thesmothetae to give the People notice when they were to assemble for Judicature or when for giving their Chirotonia or Suffrage by Promulgation of the Cause 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 upon which they were to determin FOR the fourth passage the Doctor quoting a wrong place for these words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that the Nomothetae being a Representative as I shew'd of the whole People chosen by Lot and in number one thousand chirotoniz'd or gave the Legislative Suffrage thence infers that the Rulers chirotoniz'd voted or made Laws by themselves without the People which is as if one should say that the Prerogative Tribe in Rome or the House of Commons in England gave their Vote to such or such a Law therfore it was made by the Rulers alone and not by the People of Rome or of England FOR the fourth Passage STEPHANUS quotes DEMOSTHENES at large in these words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 This the Doctor interprets of an Officer to which I shall say more when he shews me where the Sentence is or what went before for as yet I do not know of an Officer in any Commonwealth whose Election was indifferently made either by the Senat or by the People nor do I think the Doctor has look'd further for this than STEPHENS who has not interpreted it THE fifth passage is That a Decree of the Senat in Athens had the force of a Law for one year without the People So had the Edicts of the Praetors in Rome but I would fain know whence the Senat in Athens or the Praetors in Rome originally deriv'd this Right which was no more than that such Laws might be Probationers and so better understood when they came to the vote but from the Chirotonia or Suffrage of the People THE sixth passage stops the mouths of such as having nothing to say to the matter of my writing pick quarrels with the manner or freedom of it the Liberty I take in the defence of Truth seeing the Doctor takes a greater liberty upon other terms while he bids his Antagonist one that defended the Cause now in my hand go and consult his Authors namely STEPHENS and BUDAEUS again for says he you wrong those learned Men while you would have us believe that they were as ignorant of the Greec Story as your self or that things are to be found in them which are not To which Confidence I have better leave to say that the Doctor should do well to take no worse Counsil Chap. 12 than he gives BUT what is becom of my Prevaricator I have quite lost him else I should have intreated him to compare his Notes out of my Sermon with these out of the Doctor 's or retract that same affectation in saying I know not how but Mr. HARRINGTON has conceiv'd a great unkindness for the Clergy As if these their Stratagems with which they make perpetual War against the unwary People did not concern a man that has undertaken the cause of Popular Government THE Policy of the Achaeans consisted of divers Commonwealths under one which was thus administer'd The Citys sent their Deputys twice every year of course and oftner if they were summon'd by their Strategus or their Demiurges to the place appointed The Strategus was the Supreme Magistrat both Military and Civil and the Demiurges being ten were his Council all Annual Magistrats elected by the People This Council thus constituted was call'd the Synarchy and perform'd like Dutys in relation to the Senat consisting of the Deputys sent by their peculiar Soveraintys or Citys as the Prytans to that in Athens The Policys of the Aetolians and Lycians are so near the same again that in one you have all So both the Senats and the Magistracy of these Commonwealths were upon Rotation To conclude with Venice Epitome of the Commonwealth of Venice The Great Council THE Commonwealth of Venice consists of four parts the Great Council the Senat the College and the Signory THE Great Council is the aggregat Body of the whole People or Citizens of Venice which for the paucity of their number and the Antiquity of their Extraction are call'd Gentlemen or Noble Venetians Every one of them at five and twenty years of age has right of Session and Suffrage in this Council which right of Suffrage because throout this Commonwealth in all Debates and Elections it is given by the Ballot is call'd the right of Balloting wherby this Council being the Soverain Power creates all the rest of the Orders Councils or Magistracys and has constitutively the ultimat Result both in cases of Judicature and the Constitution of Laws The Senat. THE Senat call'd also the Pregati consists of sixty Senators properly so stil'd wherof the Great Council elects six on a day beginning so long before the
shewn in Scripture till the time of DAVID when tho it has nothing in it of a Monarchical Institution it is found intirely remaining and perfectly describ'd in these words Now the Children of Israel after their number to wit the chief Fathers and Captains of thousands and hundreds and their Officers that serv'd the King in any matter of the Courses which came in and went out month by month throout all the months in the year of every Course were twenty and four thousand men The Polls of the People as they have bin hitherto shewn were taken before their plantation in Canaan where before they had Kings they had grown according to the account of PAUL four hundred and Acts 13. 20. fifty years during which time that they were excedingly increas'd appears by the Poll of Military age taken by DAVID and amounting 2 Sam. 24. 9. to one Million three hundred thousand yet could this Assembly of the Children of Israel after their number in one year by monthly rotation take in the whole body of them How these being a Representative of the People and thus changeable could be otherwise collected than by the monthly election of two thousand in each Tribe is not imaginable And that both a Representative of the People they were and thus changeable is by the clear words of Scripture and the nature of the business upon which occasion they are describ'd undeniably evinc'd for DAVID proposing and the People resolving they make SOLOMON King and ZADOC Priest This Assembly 1 Chr. 29. 22. besides the Military Disciplin therof in which it differ'd little from the Customs of such other Commonwealths as have bin great and martial had not only a Civil but a Military Office or Function as the standing Guard or Army of this Country which tho small and lying in the very Teeth of its Enemys could thus by taking in every man but for one month in a whole year so equally distribute a Burden to have bin otherwise intolerable to all that it might be born by a few and scarce selt by any This Epitome of that Body already describ'd under the leading of the several Princes of the Tribes with their Staves and Standards of the Camp seems to have bin commanded by Lieutenants of the Princes or Tribuns of the respective Tribes Book II For over the first course for the first month was JASHOBEAM the Ver. 2 3. Son of ZABDIEL of the Children of PEREZ or of the Family of the Pharzits in the Catalog of JUDAH and of his course were four and twenty thousand IN this case the Princes did not lead in person but resided in their Tribes for the Government of the same whence upon extraordinary occasions they sent extraordinary Recruits or in case of solemn War or som weighty affair as the trial of a Tribe or the like led up in person with their Staves and Standards an Ordinance whether we regard the military or civil use of it never enough to be admir'd Sect. 2 That this Representative was us'd in the time of the Judges Judg. 2. 6. Judg. 3. 3. IT is true while the whole People being an Army MOSES could propose to them in body or under their Staves and Standards of the Camp as he needed not so he us'd not any Representative But when JOSHUA had let the People go and the Children of Israel went every man to his Inheritance to possess the Land how was it possible they should possess any thing while the five Lords of the Philistins and all the Canaanits and the Sidonians and the Hivits remain'd yet among them unconquer'd without the wing of som such Guard or Army as this under which to shelter themselves How was it equal or possible that a few of the People upon the guard of the whole should be without relief or sustain all the burden Or how could every man be said to go to his Inheritance to possess it unless they perform'd this or the like duty by turns or courses These things consider'd there is little doubt but this Congregation was according to the Institution of MOSES put in practice by JOSHUA Sect. 3 The dissolution of the Mosaical Common-wealth THUS stood both the Sanhedrim and the Congregation with the inferior Courts and all the Superstructures of the Mosaical Commonwealth during the life of JOSHUA and the Elders of the Sanhedrim that outliv'd him but without any sufficient root for the Judg. 2. 7 11. possible support of it the Canaanits not being destroy'd or with such roots only as were full of worms Wherfore tho the People serv'd the Lord all the days of JOSHUA and all the days of the Elders that outliv'd JOSHUA yet after the death of these they did evil in the sight of the Lord. And an Angel a Messenger or Prophet of the Judg. 2. 1 2. Lord came up from Gilgal to Bochim and said I made you go up out of the Land of Egypt and have brought you into the Land which I swore to Deut. 7. 2. ch 12. 2. your Fathers and I said I will never break my Covenant with you And ye shall make no League with the Inhabitants of this Land ye shall throw down their Altars but ye have not obey'd my Voice Why have you don Josh 23. 3. Exod. 23. 33. ch 34. 12. Antiq. l. 5. c. 2. this Wherfore I also said I will not drive them out from before you but they shall be as Thorns in your sides and their Gods shall be a snare to you Upon the several Contents of which places says JOSEPHUS The Israelits after the death of JOSHUA and the Elders that outliv'd him neglecting their Arms betook themselves to Tillage and effeminated with Peace gave their minds rather to what was easy and pleasing than what was secure or honorable forgetful of the Laws of God and of their Disciplin Wherupon God being mov'd to anger admonish'd them by a Prophet that in sparing the Canaanits they had disobey'd him and that in case they persisted for his Mercys neglected they should tast of his Justice But they tho terrify'd with the Oracle were altogether averse to the War both because they were brib'd by the Canaanits and thro luxury were becom unapt for labor the form of their Commonwealth being now deprav'd and the Aristocratical part therof invalid while neither the Senat was elected nor the solemn Magistrats created as formerly In which words Chap. 3 the not electing of the Senat as formerly being laid as a Crime by JOSEPHUS to the People he is first clear enough for his part that the Senat was formerly elected by the People and ought to have bin so still And secondly that henceforth the election of the Senat or Sanhedrim was neglected by the People So this Commonwealth which thro the not rooting out of the Canaanits had never any Foundation came now to fail also in her Superstructures for proof wherof the Testimony of Scripture is no less
Court or indeed were actually Judges in som other Court was not enough unless they might consist also of Acts 5. 21. as many as were of the kindred of the High Priest Which Rights and Privileges being all observ'd The High Priest came and they that were Chap. 5 with him and call'd the Sanhedrim and all the Presbytery of the Children of Israel that is so many of them as being assembl'd in the great Synagog represented all the Presbytery of the Children of Israel or all the Children of Israel themselves In this Assembly you have the full description of the great Synagog and when in this Synagog they had beaten the Apostles PETER and JOHN they commanded them that Act. 5. 40. they should not speak in the Name of JESUS and let them go Upon these procedings there are Considerations of good importance as first That the Cabalistical Doctors themselves did never so much as imagin that MOSES had indu'd the Sanhedrim alone or separatly consider'd from the People with any Legislative Power nevertheless that the Sanhedrim came into the place and succeded to the whole Power of MOSES they unanimously held whence even upon their Principles it must follow that in MOSES distinctly and separatly taken from the People there could be no Power of making any Law The second thing remarkable in this proceding is That the most corrupt Commonwealth and in her most corrupt Age had not yet the face without som blind of pretending to Legislative Power in a single Council The last I shall observe is That no possible security is to be given to liberty of Conscience but in the security of Civil Liberty and in that only not by Laws which are otherwise as perishing as flowers or fruits but in the roots or fundamental orders of the Government What even in these times must have follow'd as to the liberty of Conscience had there bin an equal Representative of the People is apparent in that the Captain and the Officers imploy'd by this Synagog to apprehend Acts 5. 26. the Apostles brought them without violence for they fear'd the People lest they should have bin ston'd It is true there is nothing with us more customary even in the solemnest places and upon the solemnest occasions than to upbraid the People with giddiness from the Hosanna and the Crucifige of the Jews What may be charg'd upon a multitude not under orders the fouler Crime it be is the fairer Argument for such Orders as where they have bin once establish'd the People have not bin guilty of such Crimes at least it should seem that in this case there is great scarcity of Witnesses against them seeing the Death of SOCRATES is more laid to one People than that of all the Martyrs to Kings yet were the false Witnesses by whom SOCRATES suffer'd and by the like wherto a man in the best Government may chance to suffer no sooner discover'd than they were destroy'd by the People who also erected a Statue to SOCRATES And the People who at the Arraignment of CHRIST cry'd Crucify him Mark 15. 11. crucify him were such as the chief Priests mov'd or promted and such also as fear'd the multitude Now that the People which could be Mat. 21. promted by the chief Priests or the People which could fear the People could be no other than this pretended Representative of the People but indeed a Juncta of Cousins and Retainers is that which for ought I know may be possible and the rather for what happen'd before upon the Law call'd among the Jews The Law of the Zealot which was instituted by MOSES in these words If thy Brother the Deut. 13. 6. Son of thy Mother intice thee saying Let us go and serve other Gods thy hand shall be first upon him to put him to death and afterwards the hand of all the People By this Law it is plain that as to the true intent therof it relates to no other case than that only of Idolatry The Book II execution of the same according to the Talmud might be perform'd by any number of the People being not under ten either apprehending the Party in the Fact or upon the Testimony of such Witnesses as had so apprehended him yet will it not be found to have bin executed by the People but upon instigation of the Priest as where they interpreting the Law as they list STEPHEN is ston'd Now if the Priests could have made the People do as much against CHRIST what needed they have gon to PILAT for help and if they could not why should we think that the Multitude which cry'd out Crucify him crucify him should be any other than the great Synagog HOWEVER that it was an Oligarchy consisting of a Senat and a Presbytery which not only scourg'd the Apostles but caus'd CHRIST to be crucify'd is certain And so much for the great Synagog Sect. 8 The Model of the Jewish Commonwealth THESE parts being historically laid down and prov'd it follows that the Cabalistical or Jewish Commonwealth was much after this Model BE the capacity of bearing Magistracy or giving Counsil upon the Law or any part of the Law of this Commonwealth in no other than such only as are Presbyters BE Presbyters of two sorts the one general the other particular BE Presbyters general ordain'd by the laying on of hands of the Prince of the Sanhedrim with the rest of the Elders or Presbytery of the same and by no other Court without a Licence from the Prince of the Sanhedrim and be those ordain'd in this manner eligible by the major vote of the seventy Elders into the Sanhedrim or into any other Court by the major vote of the Elders or Presbytery of that Court. BE Presbyters particular ordain'd by any Court of Justice and be these capable of giving Counsil in the Law or in som particular part of the Law according to the gift that is in them by the laying on of the hands of the Presbytery BE all Presbyters capable of nomination to the great Synagog BE the Sanhedrim in Law made the supreme Magistracy or Judicatory and with a Juncta of fifty Presbyters of their Nomination the great Synagog BE the great Synagog the Legislative Power in this Commonwealth SUCH was the Government where the word of a Scribe or Doctor was avowedly held to be of more validity than the Scripture and where the usual appellation of the People by the Doctors and Pharises was populus terrae the Rascally Rabble Regis ad exemplum totus componitur orbis Sect. 9 Ordination in the lesser Synagog THERE were other Synagogs for other uses as those wherin the Law was read every Sabbathday each of which also had her Ruler and her Presbytery with power to ordain others to this Capacity CHAP. VI. Chap. 6 Shewing how Ordination was brought into the Christian Church and the divers ways of the same that were at divers times in use with the Apostles The form
be is apparent because the high Sherifs whose Office is of greater difficulty have always bin annual seeing therfore they may be annual that so they ought in this Administration to be will appear where they com to be constitutive of such Courts as should they consist of a standing Magistracy would be against the nature of a Commonwealth But the Precincts hitherto being thus stated it is propos'd Book III THAT every twenty Hundreds lying nearest and most conveniently together be cast into one Tribe That the whole Territory being after this Precinct of the Tribe manner cast into Tribes som Town Village or place be appointed to every Tribe for the Capital of the same And that these three Precincts that is the Parish the Hundred and the Tribe whether the Deputys thenceforth annually chosen in the Parishes or Hundreds com to increase or diminish remain firm and inalterable for ever save only by Act of Parlament THESE Divisions or the like both personal and local are that in a well order'd Commonwealth which Stairs are in a good house not that Stairs in themselves are desirable but that without them there is no getting into the Chambers The whole matter of Cost and Pains necessary to the introduction of a like Model lys only in the first Architecture or building of these Stairs that is in stating of these three Precincts which don they lead you naturally and necessarily into all the Rooms of this Fabric For the just number of Tribes into which a Territory thus cast may fall it is not very easy to be guest yet because for the carrying on of discourse it is requisit to pitch upon som certainty I shall presume that the number of the Tribes thus stated amounts to fifty and that the number of the Parochial Deputys annually elected in each Tribe amounts to two thousand Be the Deputys more or fewer by the alterations which may happen in progress of time it disorders nothing Now to ascend by these Stairs into the upper Rooms of this Building it is propos'd Assembly or Muster of the Tribe THAT the Deputys elected in the several Parishes together with their Magistrats and other Officers both Civil and Military elected in their several Hundreds assemble or muster annually for example upon Monday next insuing the last of February at the Capital of their Tribe HOW the Troops and Companys of the Deputys with their Military Officers or Commanders thus assembl'd may without expence of time be straight distributed into one uniform and orderly Body has bin elswhere * In Oceana shewn and is not needful to be repeated For their work which at this meeting will require two days it is propos'd Magistrats of the Tribe THAT the whole Body thus assembl'd upon the first day of the Assembly elect out of the Horse of their number one High Sherif one Lieutenant of the Tribe one Custos Rotulorum one Conductor and two Censors That the High Sherif be Commander in chief the Lieutenant Commander in the second place and the Conductor in the third of this Band or Squadron That the Custos Rotulorum be Mustermaster and keep the Rolls That the Censors be Governors of the Ballot And that the term of these Magistracys be annual THESE being thus elected it is propos'd THAT the Magistrats of the Tribe that is to say the High Sherif The Prerogative Troop Lieutenant Custos Rotulorum the Censors and the Conductor together with the Magistrats and Officers of the Hundreds that is to say the twenty Justices of the Peace the forty Jurymen the twenty High Constables be one Troop or one Troop and one Company apart call'd the Prerogative Troop or Company That this Troop bring in and assist the Justices of Assize hold the Quarter Sessions in their several Capacitys and perform their other Functions as formerly BY this means the Commonwealth at its introduction may imbrace the Law as it stands that is unreform'd which is the greatest advantage of such Reformations for to reform Laws before the introduction of the Government which is to shew to what the Laws in Reformation Chap. 1 are to be brought or fitted is impossible But these Magistrats of the Hundreds and Tribes being such wherby the Parlament is to govern the Nation this is a regard in which they ought to be further capable of such Orders and Instructions as shall therto be requisit For which cause it is propos'd The Phylarch THAT the Magistrats of the Tribe that is to say the High Sherif Lieutenant Custos Rotulorum the Censors and the Conductor together with the twenty Justices elected at the Hundreds be a Court for the Government of the Tribe call'd the Phylarch and that this Court procede in all matters of Government as shall from time to time be directed by Act of Parlament BY these Courts the Commonwealth will be furnish'd with true Channels wherby at leisure to turn the Law into that which is sufficiently known to have bin its primitive Course and to a perfect Reformation by degrees without violence For as the corruption of our Law procedes from an Art inabled to improve its privat Interest or from the Law upon the Bench and the Jury at the Bar So the Reformation of our Law must com from disabling it as an Art to improve its privat Interest or to a Jury upon the Bench and the Law at the Bar as in Venice The third Parallel Deut. 16. 18. JVDGES and Officers shalt thou make thee in all thy Gates which the Lord thy God gives thee throout thy Tribes and they shall judg the People with just Judgment These Courts whose Sessionhouse was in the Gates of every City were shewn each of them to have consisted of Book 2. twenty three Elders which were as a Jury upon the Bench giving sentence by plurality of Votes and under a kind of appeal to the seventy Elders or Senat of Israel as was also shewn in the second Book THIS or the like by all example and beyond any controversy has bin and is the natural way of Judicature in Commonwealths The Phylarchs with a Court or two of Appeals eligible out of the Senat and the People are at any time with ease and very small alteration to be cast upon a triennial Rotation which in all things besides proceding after the manner of the Venetian Quarancys will be in this case perfect Orders TO return The first Day 's Election at the Tribe being as has bin shewn it is propos'd THAT the Squadron of the Tribe on the second day of their Assembly elect two Knights and three Burgesses out of the Horse of their number Knights and Burgesses and four other Burgesses out of the Foot of their number That each Knight upon Election forthwith make Oath of Allegiance to the Commonwealth or refusing this Oath that the next Competitor in Election to the same Magistracy making the said Oath be the Magistrat the like for the Burgesses That the
Monarchy being that of one Man or of a few Men the National Religion in Monarchy may happen not to be the Religion of the major part of the People but the Result in Democracy being in the major part of the People it cannot happen but that the National Religion must be that of the major part of the People 12. THE major part of the People being in matters of Religion inable to be their own Leaders will in such cases therfore have a public leading or being debar'd of their Will in that particular are debar'd of their Liberty of Conscience 13. WHERE the major part of the People is debar'd of their Liberty by the minor there is neither Liberty of Conscience nor Democracy but Spiritual or Civil Oligarchy 14. WHERE the Major part is not debar'd of their Liberty of Chap. VI Conscience by the Minor there is a National Religion 15. NATIONAL Religion is either coercive or not coercive 16. RELIGION is not naturally subservient to any corrupt or worldly Interest for which cause to bring it into subjection to Interest it must be coercive 17. WHERE Religion is coercive or in subjection to Interest there it is not or will not long continue to be the true Religion 18. WHERE Religion is not coercive nor under subjection to any Interest there it either is or has no obstruction why it may not com to be the true Religion 19. ABSOLUTE Monarchy pretends to Infallibility in matters of Religion imploys not any that is not of its own Faith and punishes its Apostats by death without mercy 20. REGULATED Monarchy coms not much short of the same pretence but consisting of Proprietors and such as if they dissent have oftentimes the means to defend themselves it dos not therfore always attain to the exercise of the like power 21. DEMOCRACY pretends not to Infallibility but is in matters of Religion no more than a Seeker not taking away from its People their Liberty of Conscience but educating them or so many of them as shall like of it in such a manner or knowlege in Divine things as may render them best able to make use of their Liberty of Conscience which it performs by the National Religion 22. NATIONAL Religion to be such must have a National Ministry or Clergy 23. THE Clergy is either a landed or a stipendiated Clergy 24. A LANDED Clergy attaining to one third of the Territory is Aristocracy and therfore equally incompatible with absolute Monarchy and with Democracy but to regulated Monarchy for the most part is such a Supporter as in that case it may be truly enough said that NO BISHOP NO KING 25. THE Soverainty of the Prince in absolute Monarchy and of the People in Democracy admitting not of any Counterpoise in each of these the Clergy ought not to be landed the Laborer nevertheless being worthy of his hire they ought to be stipendiated 26. A CLERGY well landed is to regulated Monarchy a very great Glory and a Clergy not well stipendiated is to absolute Monarchy or to Democracy as great an Infamy 27. A CLERGY whether landed or stipendiated is either Hierarchical or Popular 28. A HIERARCHICAL Clergy is a Monarchical Ordination a Popular Clergy receives Ordination from Election by the People FORM of Government as to the Religious part being thus completed is sum'd up in the three following Aphorisms 29. ABSOLUTE Monarchy for the Religious part of the Form consists of a Hierarchical Clergy and of an Alcoran or som Book receiv'd in the nature of Scripture interpretable by the Prince only and his Clergy willingly permitting to them that are not capable of Imployments a Liberty of Conscience Ch. VII 30. REGULATED Monarchy for the Religious part of the Form consists of an Aristocratical Hierarchy of the Liturgy and of the Holy Scriptures or som such Book receiv'd for a Rule of Faith interpretable only by the Clergy not admitting Liberty of Conscience except thro mere necessity 31. DEMOCRACY for the Religious part of the Form consists of a Popular Clergy of the Scriptures or som other Book acknowleg'd divine with a Directory for the National Religion and a Council for the equal maintenance both of the National Religion and of the Liberty of Conscience CHAP. VII Of Form in the Military part 1. A MAN may perish by the Sword yet no man draws the Sword to perish but to live by it 2. SO many ways as there are of living by the Sword so many ways there are of a Militia 3. IF a Prince be Lord of the whole or of two parts in three of the whole Territory and divides it into Military Farms at will and without rent upon condition of Service at their own charge in Arms whenever he commands them it is the Sword of an absolute Monarchy 4. IF the Nobility being Lords of the whole or of two parts in three of the whole Territory let their Lands by good pennyworths to Tenants at will or by their Leases bound at their Commands by whom they live to serve in Arms upon pay it is the Sword of a regulated Monarchy 5. IN Countrys that have no Infantry or Militia of free Commoners as in France and Poland the Nobility themselves are a vast Body of Horse and the Sword of that Monarchy 6. IF a People where there neither is Lord nor Lords of the whole nor of two parts in three of the whole Territory for the common defence of their Liberty and of their Livelihood take their turns upon the Guard or in Arms it is the Sword of Democracy 7. THERE is a fourth kind of Militia or of men living more immediatly by the Sword which are Soldiers of Fortune or a mercenary Army 8. ABSOLUTE Monarchy must be very well provided with Court Guards or a mercenary Army otherwise it s Military Farmers having no bar from becoming Proprietors the Monarchy it self has no bar from changing into Democracy FORM of Government as to the Military part being thus completed is sum'd up in the three following Aphorisms 9. IN a regulated Monarchy where there is an Infantry there needs not any Mercenary Army and there the People live tolerably well 10. IN a regulated Monarchy where there is no Infantry but the Nobility themselves are a vast Body of Horse there must also be a mercenary Infantry and there the People are Peasants or Slaves Ch. VIII 11. THERE is no such thing in nature as any Monarchy whether absolute or regulated subsisting merely by a mercenary Army and without an Infantry or Cavalry planted upon the Lands of the Monarch or of his whole Nobility CHAP. VIII Of Form in the Legal part 1. IF Justice be not the Interest of a Government the Interest of that Government will be its Justice 2. LET Equity or Justice be what it will yet if a man be to judg or resolve in his own case he resolves upon his own Interest 3. EVERY Government being not obnoxious to any Superior resolves in her own case 4. THE ultimat