part of the profits of certain Citys Boroughs or other places within his Earldom For an example of the possessions of Earls in antient times ETHELRED had to him and his Heirs the whole Kingdom of Mercia containing three or four Countys and there were others that had little less Kings Thane KINGS Thane was also an honorary Title to which he was qualify'd that had five Hides of Land held immediatly of the King by service of personal attendance insomuch that if a Churl or Countryman had thriven to this proportion having a Church a Kitchin a Belhouse that is a Hall with a Bell in it to call his Family to dinner a Boroughgate with a seat that is a Porch of his own and any distinct Office in the Kings Court then was he the Kings Thane But the proportion of a Hide Land otherwise call'd Caruca or a Plow Land is difficult to be understood because it was not certain nevertheless it is generally conceiv'd to be so much as may be manag'd with one Plow and would yield the maintenance of the same with the appurtenances in all kinds Middle Thane THE Middle Thane was feudal but not honorary he was also call'd a Vavasor and his Lands a Vavasory which held of som Mesn Lord and not immediatly of the King POSSESSIONS and their Tenures being of this nature shew the Balance of the Teuton Monarchy wherin the Riches of Earls were so vast that to arise from the Balance of their Dominion to their Power they were not only call'd Reguli or little Kings but were such indeed their Jurisdiction being of two sorts either that which was exercis'd by them in the Court of their Countys or in the High Court of the Kingdom Shiremoot IN the Territory denominating an Earl if it were all his own the Courts held and the Profits of that Jurisdiction were to his own use and benefit But if he had but som part of his County then his Jurisdiction and Courts saving perhaps in those possessions that were his own were held by him to the King's use and benefit that is he commonly supply'd the Office which the Sheriffs regularly executed in Countys that had no Earls and whence they came to be call'd Viscounts Viscounts The Court of the County that had an Earl was held by the Earl and the Bishop of the Diocess after the manner of the Sheriffs Turns to this day by which means both the Ecclesiastical and Temporal Laws were given in charge together to the Country The Causes of Vavasors or Vavasorys appertain'd to the cognizance of this Court where Wills were prov'd Judgment and Execution given Cases criminal and civil determin'd Halymoot THE Kings Thanes had the like Jurisdiction in their Thane Lands as Lords in their Manors where they also kept Courts BESIDES these in particular both the Earls and Kings Thanes together with the Bishops Abbots and Vavasors or Middle Thanes had in the High Court or Parlament of the Kingdom a more public Weidenagemoots Jurisdiction consisting First of deliberative Power for advising upon and assenting to new Laws Secondly of giving counsil in matters of State and Thirdly of Judicature upon Suits and Complaints I shall not omit to inlighten the obscurity of these times in which there is little to be found of a methodical Constitution of this High Court by the addition of an Argument which I conceive to bear a strong testimony to it self tho taken out of a late Writing that conceals the Author It is well known says he that in every quarter of the Realm a great many Boroughs do yet send Burgesses to the Parlament which nevertheless be so antiently and so long since decay'd and gon to nought that they cannot be shew'd to have bin of any Reputation since the Conquest much less to have obtain'd any such Privilege by the grant of any succeding King wherfore these must have had this right by more antient usage and before the Conquest they being inable now to shew whence they deriv'd it THIS Argument tho there be more I shall pitch upon as sufficient to prove First that the lower sort of the People had right to Session in Parlament during the time of the Teutons Secondly that they were qualify'd to the same by election in their Boroughs and if Knights of the Shire as no doubt they are be as antient in the Countrys Thirdly If it be a good Argument to say that the Commons during the reign of the Teutons were elected into Parlament because they are so now and no man can shew when this custom began I see not which way it should be an ill one to say that the Commons during the reign of the Teutons constituted also a distinct House because they do so now unless any man can shew that they did ever sit in the same House with the Lords Wherfore to conclude this part I conceive for these and other reasons to be mention'd hereafter that the Parlament of the Teutons consisted of the King the Lords Spiritual and Temporal and the Commons of the Nation notwithstanding 25 Edw. 3. c. 1. the stile of divers Acts of Parliament which runs as that of Magna Charta in the Kings name only seeing the same was nevertheless enacted by the King Peers and Commons of the Land as is testify'd in those words by a subsequent Act. Monarchy of the Neusâ—rians THE Monarchy of the Teutons had stood in this posture about two hundred and twenty years when TURBO Duke of Neustria making his claim to the Crown of one of their Kings that dy'd childless follow'd it with successful Arms and being possest of the Kingdom us'd it as conquer'd distributing the Earldoms Thane Lands Bishoprics and Prelacys of the whole Realm among his Neustrians From this time the Earl came to be call'd Comes Consul and Dux tho Consul and Dux grew afterward out of use the Kings Thanes came to be call'd Barons and their Lands Baronys the Middle Thane holding still of a mean Lord retain'd the name of Vavasor Their Earls THE Earl or Comes continu'd to have the third part of the Pleas of the County paid to him by the Sheriff or Vice-comes now a distinct Officer in every County depending upon the King saving that such Earls as had their Countys to their own use were now Counts Palatin and had under the King Regal Jurisdiction insomuch that they constituted their own Sheriffs granted Pardons and issu'd Writs in their own names nor did the Kings Writ of ordinary Justice run in their 27 11. 8. Dominions till a late Statute wherby much of this privilege was taken away Their Barons FOR Barons they came from henceforth to be in different times of three kinds Barons by their Estates and Tenures Barons by Writ and Barons created by Letters Patents From TURBO the first to ADOXUS the seventh King from the Conquest Barons had their denomination from their Possessions and Tenures And these were either
against the Act perswaded most of the Nobility to make him King so that MILCOLM the Son of KENNETH and he made up two Factions which tore the Kingdom till at length MILCOLMS Bastard Brother himself being in England assisting the Danes fought him routed his Army and with the loss of his own Life took away his they dying of mutual Wounds GRIME of whose Birth they do not certainly agree was chosen by the Constantinians who made a good Party but at the Intercession of FORARD an accounted Rabbi of the times they at last agreed GRIME being to enjoy the Kingdom for his Life after which MILCOLUMB should succede his Father's Law standing in force But he after declining into Leudness Cruelty and Spoil as Princes drunk with Greatness and Prosperity use to do the People call'd back MILCOLUMB who rather receiving Battle than giving it for it was upon Ascension-day his principal Holy-day routed his Forces wounded himself took him pull'd out his Eyes which altogether made an end of his Life all Factions and Humors being reconcil'd MILCOLUMB who with various Fortune fought many signal Battles with the Danes that under their King SUENO had invaded Scotland in his latter time grew to such Covetousness and Oppression that all Authors agree he was murder'd tho they disagree about the manner som say by Conâ—ederacy with his Servants som by his Kinsmen and Competitors som by the Friends of a Maid whom he had ravish'd DONALD his Grandchild succeded a good-natur'd and inactive Prince who with a Stratagem of sleepy Drink destroy'd a Danish Army that had invaded and distrest him but at last being insnar'd by his Kinsman MACKBETH who was prick'd forward by Ambition and a former Vision of three Women of a sour human shape whereof one saluted him Thane of Angus another Earl of Murray the third King he was beheaded THE Severity and Cruelty of MACKBETH was so known that both the Sons of the murder'd King were forc'd to retire and yeild to the times while he courted the Nobility with Largesses The first ten years he spent virtuously but the remainder was so savage and tyrannical that MACDUF Thane of Fife fled into England to MILCOLM Son of DONALD who by his persuasions and the assistance of the King of England enter'd Scotland where he found such great accessions to his Party that MACKBETH was forc'd to fly his Death is hid in such a mist of Fables that it is not certainly known MILCOLUMB the third of that name now being quietly seated was the first that brought in those gay inventions and distinctions of Honors as Dukes Marquesses that now are become so airy that som carry them from places to which they have as little relation as to any Iland in America and others from Cottages and Dovecotes His first trouble was FORFAR MACKBETH'S Son who claim'd the Crown but was soon after cut of Som War he had with that WILLIAM whom we call falsly the Conqueror som with his own People which by the intercession of the Bishops were ended At length quarrelling with our WILLIAM the Second he laid siege to Alnwick Castle which being forc'd to extremity a Knight came out with the Keys on a Spear as if it were to present them to him and and to yield the Castle but he not with due heed receiving them was run through the Ey and slain Som from hence derive the name of PIERCY how truly I know not His Son and Successor EDWARD following his Revenge too hotly receiv'd som Wounds of which within a few days he dy'd DONALD BANE that is in Irish White who had fled into the Iles for fear of MACKBETH promis'd them to the King of Norway if he would procure him to be King which was don with ease as the times then stood but this Usurper being hated by the People who generally lov'd the memory of MILCOLM they seâ— DUNCAN MILCOLM'S Bastard against him who forc'd him to retire to his Iles. DUNCAN a military Man shew'd himself unfit for Civil Government so that DONALD waiting all advantages caus'd him to be beheaded and restor'd himself But his Reign was so turbulent the Ilanders and English invading on both sides that they call'd in EDGAR Son of MILCOLM then in England who with small Assistances possest himself all Men deserting DONALD who being taken and brought to the King dy'd in Prison EDGAR secure by his good Qualitys and strengthen'd by the English Alliance spent nine years virtuously and peaceably and gave the People leave to breathe and rest after so much trouble and bloodshed His Brother ALEXANDER sirnam'd ACER or the Fierce succeded the beginning of whose Reign being disturb'd by a Rebellion he speedily met them at the Spey which being a swift River and the Enemy on the other side he offer'd himself to ford it on Horseback but ALEXANDER CAR taking the Imployment from him forded the River with such Courage that the Enemy fled and were quiet the rest of his Reign Som say he had the name of ACER because som Conspirators being by the fraud of the Chamberlain admitted into his Chamber he casually waking first slew the Chamberlain and after him six of the Conspirators not ceasing to pursue the rest till he had slain most of them with his own hands this with the building of som Abbys and seventeen years Reign is all we know of him HIS Brother DAVID succeded one whose profuse Prodigality upon the Abbys brought the Revenue of the Crown so prevalent was the Superstition of those days almost to nothing He had many Battels with our STEPHEN about the Title of MAUD the Empress and having lost his excellent Wife and hopeful Son in the flower of their days he left the Kingdom to his Grandchildren the eldest wherof was MILCOLUMB a simple King baffl'd and led up and down into France by our HENRY the Second which brought him to such contemt that he was vex'd by frequent Insurrections especially them of Murray whom he almost extirpated The latter part of his Reign was spent in building Monasterys he himself ty'd by a Vow of Chastity would never marry but left for his Successor his Brother WILLIAM who expostulating for the Earldom of Northumberland gave occasion for a War in which he was surpriz'd and taken but afterwards releas'd upon his doing Homage for the Kingdom of Scotland to King HENRY of whom he acknowledg'd to hold it and putting in caution the Castles of Roxboro once strong now nothing but Ruins Barwic Edinburg Sterling all which notwithstanding was after releas'd by RICHARD Coeur de Lyon who was then upon an Expedition to the Holy War from whence returning both he and DAVID Earl of Huntingdon Brother to the King of Scots were taken Prisoners The rest of his Reign except the rebuilding of St. Johnston which had bin destroy'd by Waters wherby he lost his eldest Son and som Treatys with our King JOHN was little worth memory only you will wonder that a Scotish King could reign forty nine
towards the better settlement of the Kingdom Among these there was an eminent Royalist who prevail'd with him to draw up som Instructions for the King's service wherby he might be inabl'd to govern with satisfaction to the People and safety to himself which being perform'd and sign'd with his one hand his Friend after shewing it to several of the Courtiers found they did not approve a Scheme that was not likely to further their selfish Designs At last he put his Paper into the hands of a great Minister about the King and how well our Author was rewarded for his good Intentions we are now going to relate About this time he was busy in reducing his Politics into short and easy Aphorisms yet methodically digested in their natural order and suted to the most vulgar capacitys Of this he made no secret and freely communicated his Papers to all that visited him While he was putting the last hand to this System and as an innocent man apprehensive of no danger he was by an Order from the King on the 28 th of December 1661 seiz'd by Sir WILLIAM POULTNEY and others and committed to the Tower of London for treasonable Designs and Practices He had the written sheets of his Aphorisms then lying loose on the table before him and understanding they intended to carry 'em to the Council he beg'd the favor that he might stitch 'em together which was granted and so remov'd with som other Papers to Whitehall I have that Manuscript now in my hands and another Copy of the same which was given me by one of his acquaintance from both which I have printed it among the rest of his Works It is a complete System of Politics and discovers the true Springs of the rise temper and dissolution of all sorts of Governments in a very brief and perspicuous manner 32. HE had no time given him to take leave of any body but was straight convey'd to the Tower where none were allow'd to com to his sight or speech His Sisters were inconsolable and the more so the less they knew what was laid to their Brother's charge One of them who on another occasion had experienc'd the King's favor threw her self now at his feet and petition'd him to have compassion on her Brother who thro a great mistake was fallen under his Majesty's displeasure for as she was sure that none of his Subjects exceded his Loyalty so his Majesty might see he was not the man they design'd since the Warrant was for Sir JAMES HARRINGTON wheras her Brother was never honor'd with such a Title by his Majesty's Ancestors and he would not have accepted it from OLIVER To this the King made answer that tho they might be mistaken in his Title he doubted he might be found more guilty of the Crimes alleg'd against him than he wish'd any Brother of hers to be Then she press'd he might be examin'd before his Majesty or be brought to a speedy trial Shortly after my Lord LAUDERDALE Sir GEORGE CARTERET and Sir EDWARD WALKER were sent to the Tower to question him about a Plot which they said he had contriv'd against his Majesty's Person and Government At this he was extraordinarily reviv'd not being able to divine before the cause of his Confinement and knowing himself wholly innocent of this Charge He found means to transmit a Copy of his Examination to his Sisters giving 'em leave to publish it which was never hitherto don and is as follows 33. THE Examination of JAMES HARRINGTON taken in the Tower of London by the Earl of LAUDERDALE Sir GEORGE CARTERET and Sir EDWARD WALKER LORD LAUDERDALE Sir I have heretofore accounted it an honor to be your Kinsman but am now sorry to see you upon this occasion very sorry I assure you HARRINGTON My Lord seeing this is an occasion I am glad to see you upon this occasion Which said the Commissioners sat down and Mr. HARRINGTON standing before my Lord he began in this manner Lord. SIR the King thinks it strange that you who have so eminently appear'd in Principles contrary to his Majesty's Government and the Laws of this Nation should ever since he came over live so quiet and unmolested and yet should be so ungrateful Were you disturb'd were you so much as affronted that you should enter into such desperat practices Har. MY Lord when I know why this is said I shall know what to say Lord. WELL then without any longer preamble will you answer me ingenuously and as you are a Gentleman to what I have to propose Har. MY Lord I value the asseveration as I am a Gentleman as high as any man but think it an asseveration too low upon this occasion wherfore with your leave I shall make use of som greater asseveration Lord. FOR that do as you see good do you know Mr. WILDMAN Har. MY Lord I have som acquaintance with him Lord. WHEN did you see him Har. MY Lord he and I have not bin in one house together these two years Lord. WILL you say so Har. YES my Lord. Lord. WHERE did you see him last Har. ABOUT a year ago I met him in a street that gos to Drury-lane Lord. DID you go into no house Har. NO my Lord. Sir G. Carteret THAT 's strange Lord. COM this will do you no good Had not you in March last meetings with him in Bowstreet in Coventgarden where there were about twenty more of you where you made a Speech about half an hour long that they should lay by distinguishing Names and betake themselves together into one Work which was to dissolve this Parlament and bring in a new one or the old one again Was not this meeting adjourn'd from thence to the Mill Bank were not you there also Har. MY Lord you may think if these things be true I have no refuge but to the mercy of God and of the King Lord. TRUE Har. WELL then my Lord solemnly and deliberatly with my eys to Heaven I renounce the mercy of God and the King if any of this be true or if ever I thought or heard of this till now that you tell it me Sir G. C. THIS is strange Lord. DO you know BAREBONES Har. YES my Lord. Lord. WHEN did you see him Har. I THINK that I have call'd at his house or shop thrice in my life Lord. HAD you never any meetings with him since the King came over Har. NO my Lord. Sir G. C. THIS is strange Lord. DO you know Mr. NEVIL Har. VERY well my Lord. Lord. WHEN did you see him Har. MY Lord I seldom us'd to visit him but when he was in Town he us'd to see me at my house every evening as duly almost as the day went over his head Lord. WERE you not with him at som public meeting Har. MY Lord the publickest meeting I have bin with him at was at dinner at his own lodging where I met Sir BERNARD GASCOIN and I think Col. LEG Sir Edw. Walker THEY were good
years and yet die in peace ALEXANDER his Son succeded famous for little except som Expeditions against our King JOHN som Insurrections and a Reign two years longer than his Father's His Son was the third of that name a Boy of eight years old whose Minority was infested with the turbulent CUMMINS who when he was of age being call'd to account not only refus'd to appear but surpriz'd him at Sterling governing him at their pleasure But soon after he was awak'd by a furious Invasion of ACHO King of Norway under the pretence of som Islands given him by MACBETH whom he forc'd to accept a Peace and spent the latter part amidst the Turbulencys of the Priests drunk at that time with their Wealth and Ease and at last having seen the continu'd Funerals of his Sons DAVID ALEXANDER his Wife and his Daughter he himself with a fall from Horse broke his neck leaving of all his Race only a Grandchild by his Daughter which dy'd soon after THIS Man's Family being extinguish'd they were forc'd to run to another Line which that we may see how happy an expedient immediat Succession is for the Peace of the Kingdom and what Miseries it prevents I shall as briefly and as pertinently as I can set down DAVID Brother to K. WILLIAM had three Daughters MARGARET married to ALLAN Lord of Galloway ISABEL married to ROBERT BRUCE Lord of Annandale and Cleveland ADA married to HENRY HASTINGS Earl of Huntingdon Now ALLAN begot on his Wife DORNADILLA married to JOHN BALIOL afterwards King of Scotland and two other Daughters BRUCE on his Wife got ROBERT BRUCE Earl of Carick having married the Heretrix therof As for HUNTINGDON he desisted his claim The question is whether BALIOL in right of the eldest Daughter or BRUCE being com of the second but a Man should have the Crown he being in the same degree and of the more worthy Sex The Controversy being tost up and down at last was refer'd to EDWARD the First of that name King of England He thinking to fish in these troubled waters stirs up eight other Competitors the more to entangle the business and with twenty four Counsellors half English half Scots and abundance of Lawyers fit enough to perplex the matter so handled the business after cunning delays that at length he secretly tampers with BRUCE who was then conceiv'd to have the better right of the business that if he would acknowlege the Crown of him he would adjudg it for him but he generously answering that he valu'd a Crown at a less rate than for it to put his Country under a foren Yoke He made the same motion to BALIOL who accepted it and so we have a King again by what Right we all see but it is good reason to think that Kings com they by their Power never so unjustly may justly keep it BALIOL having thus got a Crown as unhappily kept it for no sooner was he crown'd and had don homage to EDWARD but the ABERNETHYS having slain MACDUF Earl of Fife he not only pardon'd them but gave them a piece of Land in controversy wherupon MACDUF'S Brother complains against him to EDWARD who makes him rise from his Seat in Parlament and go to the Bar He hereupon enrag'd denies EDWARD assistance against the French and renounces his Homage EDWARD immediatly coms to Berwiâ— takes and kills seven thousand most of the Nobility of Fife and Lowthian and afterwards gave them a great Defeat at Dunbar whose Castle instantly surrender'd After this he march'd to Montrose where BALIOL resign'd himself and Crown all the Nobility giving homage to EDWARD BALIOL is sent Prisoner to London and from thence after a years detention into France While EDWARD was possest of all Scotland one WILLIAM WALLACE arose who being a privat man bestir'd himself in the Calamity of his Country and gave the English several notable foils EDWARD coming again with an Army beat him that was already overcom with Envy and Emulation as well as Power upon which he laid by his Command and never acted more but only in slight Incursions But the English being beaten at Roslin EDWARD coms in again takes Sterling and makes them all render Homage but at length BRUCE seeing all his Promises nothing but smoke enters into League with CUMMIN to get the Kingdom but being betray'd by him to EDWARD he stab'd CUMMIN at Drumfreis and made himself King This man tho he came with disadvantage yet wanted neither Patience Courage nor Conduct so that after he had miserably lurk'd in the Mountains he came down and gathering together som Force gave our EDWARD the Second such a defeat near Sterling as Scotland never gave the like to our Nation and continu'd the War with various fortune with the Third till at last Age and Leprosy brought him to his Grave His Son DAVID a Boy of eight years inherited that which he with so much danger obtain'd and wisdom kept In his Minority he was govern'd by THOMAS RANDOLF Earl of Murray whose severity in punishing was no less dreaded than his Valor had bin honor'd But he soon after dying of poison and EDWARD BALIOL Son of JOHN coming with a Fleet and stâ—engthn'd with the assistance of the English and som Robbers the Governor the Earl of Mar was routed so that BALIOL makes himself King and DAVID was glad to retire into France Amidst these Parties EDWARD the Third backing BALIOL was Scotland miserably torn and the BRUCES in a manner extinguish'd till ROBERT after King with them of Argile and his own Family and Friends began to renew the claim and bring it into a War again which was carried on by ANDREW MURRAY the Governor and afterwards by himself So that DAVID after nine years banishment durst return where making frequent Incursions he at length in the fourth year of his return march'd into England and in the Bishoprick of Durham was routed and fled to an obscure Bridg shew'd to this day by the Inhabitants There he was by JOHN COPLAND taken prisoner where he continu'd nine years and in the thirty ninth year of his Reign he dy'd ROBERT his Sisters Son whom he had intended to put by succedes and first brought the STUARTS which at this day are a plague to the Nation into play This man after he was King whether it were Age or Sloth did little but his Lieutenants and the English were perpetually in action He left his Kingdom to JOHN his Bastard Son by the Lady MORE his Concubin whom he marry'd either to legitimat the three Children as the manner was then he had by her or else for old Acquaintance his Wife and her Husband dying much about time This JOHN would be crown'd by the name of ROBERT his own they say being unhappy for Kings a wretched inactive Prince lame and only govern'd by his brother WALTER who having DAVID the Prince upon complaint of som Exorbitancys deliver'd to his care caus'd him to be starv'd upon which the King intending to send
his Son JAMES into France the Boy was taken at Flamburg and kept by our HENRY the Fourth upon the hearing of which his Father swounded and soon after dy'd His Reign was memorable for nothing but his breaking with GEORGE Earl of March to whose Daughter upon the payment of a great part of her Portion which he never would repay he had promis'd his Son DAVID for a Husband to take the Daughter of DOUGLAS who had a greater which occasion'd the Earl of March to make many inrodes with our HENRY HOTSPUR and a famous Duel of three hundred men apiece wherof on the one side ten remain'd and on the other one which was the only way to appease the deadly Feuds of these two Familys The Interreign was govern'd by ROBERT who enjoying the Power he had too much coveted little minded the Liberty of his Nephew only he sent som Auxiliarys into France who they say behav'd themselves worthily and his slothful Son MORDAC who making his Sons so bold with Indulgence that one of them kil'd a Falcon on his fist which he deny'd to give him he in revenge procur'd the Parlament to ransom the King who had bin eighteen years a Prisoner This JAMES was the First of that name and tho he was an excellent Prince yet had a troublesom Reign first in regard of a great Pension rais'd for his Ransom next for domestic Commotions and lastly for raising of Mony which tho the Revenue was exhausted was call'd Covetousness This having offended ROBERT GRAHAM he conspir'd with the Earl of Athol slew him in his Chamber his Wife receiving two wounds endeavoring to defend him THIS JAMES left the Second a Boy of six years whose Infancy by the misguidance of the Governor made a miserable People and betray'd the Earl DOUGLAS to death and almost all that great Family to ruin but being supplanted by another Earl DOUGLAS the King in his just age suffer'd Minority under him who upon displeasure rebel'd and was kil'd by the King 's own hand Afterwards having his middle years perpetually molested with civil Broils yet going to assist the Duke of York against HENRY the Sixth he was diverted by an English Gentleman that counterfeited himself a Nuncio which I mention out of a Manuscript because I do not remember it in our Storys and broke up his Army Soon after besieging Roxburg he was slain by the bursting of a Cannon in the twenty ninth year of his Age. JAMES the Second left a Boy of seven Years govern'd by his Mother and afterwards by the BOYDS thro the persuasions of Astrologers and Witches to whom he was strongly addicted he declin'd to Cruelty which so inrag'd the Nobility that headed by his Son they conspir'd against him routing his Forces near Sterling where he flying to a Mill and asking for a Confessor a Priest came who told him that tho he was no good Priest yet he was a good Leech and with that stab'd him to the heart A Parlament approv'd his death and order'd Indemnitys to all that had fought against him JAMES the Fourth a Boy of fifteen Years is made King govern'd by the Murderers of his Father a prodigal vainglorious Prince slain at Floddon Field or as som suppose at Kelsy by the HUMES which as the Manuscript alleges seems more probable in regard that the Iron Belt to which he added a Ring every Year which he wore in repentance for the death of his Father was never found and there were many the day of Battle habited like him His Successor was his Son JAMES the Fifth of that name a Boy of not above two years of age under whose Minority what by the misgovernment of Tutors and what by the Factions of the Nobility Scotland was wasted almost into Famin and Solitude however in his just Age he prov'd an industrious Prince yet could not so satisfy the Nobility but that he and they continued in a mutual hate till that barbarous execution of young HAMILTON so fil'd him with Remorse that he dream'd he came and cut of his two Arms and threaten'd after to cut of his Head And he displeas'd the People so much that he could not make his Army fight with the English then in Scotland wherupon he dy'd of grief having first heard the death of his two Sons who dy'd at the instant of his Dream and leaving a Daughter of five days old whom he never saw THIS was that MARY under whose Minority by the weakness of the Governor and ambition of the Cardinal the Kingdom felt all those Woes that are threaten'd to them whose King is a Child till at length the prevalency of the English Arms awak'd for her cause brought the great design of sending her into France to perfection So at five Years old she was transported and at fifteen marry'd to the Dolphin FRANCIS after King while her Mother a Daughter of the GUISE in her Regency exercis'd all Rage against the Professors of the pure Religion then in the dawn FRANCIS after two Years left her a childless Widow so that at eighteen she return'd into Scotland to succede her Mother then newly dead in her Exorbitancys I HAD almost forgot to tell that this young Couple in the transport of their nuptial Solemnitys took the Arms and Title of England which indiscrete Ambition we may suppose first quicken'd the jealousy of ELIZABETH against her which after kindl'd so great a flame IN Scotland she shew'd what a strange influence loose Education has upon Youth and the weaker Sex All the French Effeminacys came over with her and the Court lost that little Severity which was left DAVID RIZIO an Italian Fidler was the only Favorit and it is too much fear'd had those enjoyments which no Woman can give but she that gives away her Honor and Chastity BUT a little after HENRY Lord Darnly coming with MATTHEW Earl of Lenox his Father into Scotland she cast an ey upon him and marry'd him Whether it were to strengthen her pretension to England he being com of HENRY the Seventh's Daughter as we shall tell anon or to color her Adulterys and hide the shame of an Impregnation tho som have whisper'd that she never conceiv'd and that the Son was supposititious or som Phrenzy of Affection drew her that way certain it is she soon declin'd her Affection to her Husband and increas'd it to DAVID he being her perpetual Companion at board and managing all Affairs while the King with a contemtible Train was sent away insomuch that som of the Nobility that could not digest this enter'd a Conspiracy which the King headed and slew him in her Chamber THIS turn'd all her neglect of the King into rage so that her chiefest business was to appease her Favorits Ghost with the slaughter of her Husband poison was first attemted but it being it seems too weak or his Youth overcoming it that expectation fail'd But the Devil and BOTHWEL furnish'd her with another that succeded she so intices him being so sick
Armys receive withal a pleasing Idea of all they have don besides and imagin their great prosperity not to have proceded from the emulation of particular Men but from the virtue of their popular form of Government not considering the frequent Seditions and Civil Wars produc'd by the imperfection of their Polity Where first the blame he lays to the Heathen Authors is in his sense laid to the Scripture and wheras he holds them to be young Men or Men of no antidot that are of like opinions it should seem that MACCHIAVEL the sole retriever of this antient Prudence is to his solid Reason a beardless Boy that has newly read LIVY And how solid his Reason is may appear where he grants the great prosperity of antient Commonwealths which is to give up the Controversy For such an effect must have som adequat cause which to evade he insinuats that it was nothing else but the emulation of particular Men as if so great an Emulation could have bin generated without as great Virtue so great Virtue without the best Education the best Education without the best Laws or the best Laws any otherwise than by the excellency of their Polity BUT if som of these Commonwealths as being less perfect in their Polity than others have bin more seditious it is not more an argument of the infirmity of this or that Commonwealth in particular than of the excellency of that kind of Polity in general which if they that have not altogether reach'd have nevertheless had greater prosperity what would befal them that should reach IN answer to which Question let me invite LEVIATHAN who of all other Governments gives the advantage to Monarchy for perfection to a better disquisition of it by these three assertions THE first That the perfection of Government lys upon such a libration in the frame of it that no Man or Men in or under it can have the interest or having the interest can have the power to disturb it with Sedition THE second That Monarchy reaching the perfection of the kind reaches not to the perfection of Government but must have som dangerous flaw in it THE third That popular Government reaching the perfection of the kind reaches the perfection of Government and has no flaw in it THE first assertion requires no proof FOR the proof of the second Monarchy as has bin shewn is of two kinds the one by Arms the other by a Nobility and there is no other kind in Art or Nature for if there have bin antiently som Governments call'd Kingdoms as one of the Goths in Spain and another of the Vandals in Africa where the King rul'd without a Nobility and by a Council of the People only it is expresly said by the Authors that mention them that the Kings were but the Captains and that the People not only gave them Laws but depos'd them as often as they pleas'd Nor is it possible in reason that it should be otherwise in like cases wherfore these were either no Monarchys or had greater slaws in them than any other BUT for a Monarchy by Arms as that of the Ture which of all models that ever were coms up to the perfection of the kind it is not in the wit or power of Man to cure it of this dangerous flaw That the Janizarys have frequent interest and perpetual power to raise Sedition and to tear the Magistrat even the Prince himself in pieces Therfore the Monarchy of Turky is no perfect Government AND for a Monarchy by a Nobility as of late in Oceana which of all other models before the declination of it came up to the perfection in that kind it was not in the power or wit of Man to cure it of that dangerous flaw That the Nobility had frequent interest and perpetual power by their Retainers and Tenants to raise Sedition and wheras the Janizarys occasion this kind of Calamity no sooner than they make an end of it to levy a lasting War to the vast effusion of Blood and that even upon occasions wherin the People but for their dependence upon their Lords had no concernment as in the feud of the Red and White The like has bin frequent in Spain France Germany and other Monarchys of this kind wherfore Monarchy by a Nobility is no perfect Government FOR the proof of the third assertion LEVIATHAN yields it to me that there is no other Commonwealth but Monarchical or Popular wherfore if no Monarchy be a perfect Government then either there is no perfect Government or it must be popular for which kind of Constitution I have somthing more to say than LEVIATHAN has said or ever will be able to say for Monarchy As FIRST That it is the Government that was never conquer'd by any Monarch from the beginning of the World to this day for if the Commonwealths of Greece came under the yoke of the Kings of Macedon they were first broken by themselves SECONDLY That it is the Government that has frequently led mighty Monarchs in Triumph THIRDLY That it is the Government which if it has bin seditious it has not bin so from any imperfection in the kind but in the particular Constitution which wherever the like has happen'd must have bin inequal FOURTHLY That it is the Government which if it has bin any thing near equal was never seditious or let him shew me what Sedition has happen'd in Lacedemon or Venice FIFTHLY That it is the Government which attaining to perfect equality has such a libration in the frame of it that no Man living can shew which way any Man or Men in or under it can contract any such Interest or Power as should be able to disturb the Commonwealth with Sedition wherfore an equal Commonwealth is that only which is without flaw and contains in it the full perfection of Government But to return BY what has bin shewn in Reason and Experience it may appear that tho Commonwealths in general be Governments of the Senat proposing the People resolving and the Magistracy executing yet som are not so good at these Orders as others thro som impediment or defect in the frame balance or capacity of them according to which they are of divers kinds Division of Common-wealths THE first division of them is into such as are single as Israel Athens Lacedemon c. and such as are by Leagues as those of the Acheans Etolians Lyceans Switz and Hollanders THE second being MACCHIAVEL'S is into such as are for preservation as Lacedemon and Venice and such as are for increase as Athens and Rome in which I can see no more than that the former takes in no more Citizens than are necessary for defence and the latter so many as are capable of increase THE third division unseen hitherto is into equal and inequal and this is the main point especially as to domestic Peace and Tranquillity for to make a Commonwealth inequal is to divide it into partys which sets them at perpetual variance
Spiritual or Temporal for not only the Thane Lands but the Barons by their Possessions possessions of Bishops as also of som twenty six Abbats and two Priors were now erected into Baronys whence the Lords Spiritual that had suffrage in the Teuton Parlament as Spiritual Lords came to have it in the Neustrian Parlament as Barons and were made subject which they had not formerly bin to Knights service in chief Barony coming henceforth to signify all honorary possessions as well of Earls as Barons and Baronage to denote all kinds of Lords as well Spiritual as Temporal having right to sit in Parlament the Baronys in this sense were somtimes more and somtimes fewer but commonly about 200 or 250 containing in them a matter of sixty thousand feuda militum or Knights Fees wherof som twenty eight thousand were in the Clergy It is ill luck that no man can tell what the Land of a Knights Fee reckon'd in som Writs at 40 l. a year and in others at 10 was certainly worth for by such a help we might have exactly demonstrated the Balance of this Government But says COOK it contain'd Cook 11. Inst pag. 596. twelve Plow Lands and that was thought to be the most certain account But this again is extremely uncertain for one Plow out of som Land that was fruitful might work more than ten out of som other that was barren Nevertheless seeing it appears by BRACTON Balance of the Neustrian Monarchy that of Earldoms and Baronys it was wont to be said that the whole Kingdom was compos'd as also that these consisting of 60000 Knights Fees furnish'd 60000 men for the King's service being the whole Militia of this Monarchy it cannot be imagin'd that the Vavasorys or Freeholds in the People amounted to any considerable proportion Wherfore the Balance and Foundation of this Government was in the 60000 Knights Fees and these being possest by the 250 Lords it was a Government of the Few or of the Nobility wherin the People might also assemble but could have no more than a mere name And the Clergy holding a third to the whole Nation as is plain by the Parlament Roll it is an absurdity seeing the Clergy of France came first thro their Riches to be a State of that Kingdom to acknowlege the People to have bin a State of this Realm and not to allow it to the Clergy who were so much more weighty in the Balance which is 4 Rich. 2. Num. 13. that of all other whence a State or Order in a Government is denominated Wherfore this Monarchy consisted of the King and of the three ordines Regni or Estates the Lords Spiritual and Temporal and the Commons It consisted of these I say as to the balance tho during the Reign of som of these Kings not as to the administration Administration of the Neustrian Monarchy during the reign of the first Kings FOR the ambition of TURBO and som of those that more immediatly succeded him to be absolute Princes strove against the nature of their Foundation and inasmuch as he had divided almost the whole Realm among his Neustrians with som incouragement for a while But the Neustrians while they were but foren Plants having no security against the Natives but in growing up by their Princes sides were no sooner well rooted in their vast Dominions than they came up according to the infallible consequence of the Balance domestic and contracting the National interest of the Baronage grew as fierce in the vindication of the antient Rights and Liberties of the same as if they had bin always Natives Whence the Kings being as obstinat on the one side for their absolute Power as these on the other for their Immunitys grew certain Wars which took their denomination from the Barons THIS fire about the middle of the Reign of ADOXUS began to break out And wheras the Predecessors of this King had divers times bin forc'd to summon Councils resembling those of the Teutons to Barons by Writ which the Lords only that were Barons by Dominion and Tenure had hitherto repair'd ADOXUS seeing the effects of such Dominion began first not to call such as were Barons by Writ for that was according to the practice of antient times but to call such by Writs as were otherwise no Barons by which means striving to avoid the consequence of the Balance in coming unwillingly to set the Government streight he was the first that set it awry For the Barons in his Reign and his Successors having vindicated their antient Authority restor'd the Parlament with all the Rights and Privileges of the same saving that from thenceforth the Kings had found out a way wherby to help themselves against the mighty by Creatures of their own and such as had no other support but by their favor By which means this Government being indeed the Masterpiece of modern Prudence has bin cry'd up to the Skys as the only invention wherby at once to maintain the Soverainty of a Prince and the Liberty of the People Wheras indeed it has bin no other than a wrestling match wherin the Nobility as they have bin stronger have thrown the King or the King if he has bin stronger has thrown the Nobility or the King where he has had a Nobility and could bring them to his party has thrown the People as in France and Spain or the People where they have had no Nobility or could get them to be of their party have thrown the King as in Holland and of later times in Oceana But they came not 49 11. 3. to this strength but by such approaches and degrees as remain to be further open'd For wheras the Barons by Writ as the sixty four Abbats and thirty six Priors that were so call'd were but pro tempore DICOTOME being the twelfth King from the Conquest began to Barons by Letters Patents make Barons by Letters Patents with the addition of honorary Pensions for the maintenance of their Dignitys to them and their Heirs so that they were hands in the King's Purse and had no shoulders for his Throne Of these when the House of Peers came once to be full as will be seen hereafter there was nothing more emty But for the present the Throne having other supports they did not hurt that so much as they did the King For the old Barons taking DICOTOME'S Prodigality to such Creatures so ill that they depos'd him got the trick of it and never gave over setting up and pulling down their Kings according to their various interests and that faction of the White Dissolution of the late Monarchy of Oceana and Red into which they had bin thenceforth divided till PANURGUS the eighteenth King from the Conquest was more by their Favor than his Right advanc'd to the Crown This King thro his natural subtilty reflecting at once upon the greatness of their Power and the inconstancy of their favor began to find another Flaw in
different in circumstances but of the same nature Nevertheless CATILIN who had a spirit equal to anv of these in his intended mischief could never bring the like to pass in Rome The head of a small Commonwealth such a one as was that of Syracusa or Fermo is easily brought to the block but that a populous Nation such as Rome had not such a one was the grief of NERO. If SYLLA or CAESAR attain'd to be Princes it was by Civil War and such Civil War as yielded rich spoils there being a vast Nobility to be confiscated which also was the case in Oceana when it yielded earth by Earldoms and Baronys to the Neustrian for the plantation of his new Potentats Where a Conqueror finds the Riches of a Land in the hands of the Few the Forseitures are easy and amount to vast advantage but where the People have equal shares the Confiscation of many coms to little and is not only dangerous but fruitless THE Romans in one of their defeats of the Volsci found among the Captives certain Tusculans who upon examination confest that the Arms they bore were by command of their State wherupon information being given to the Senat by the General CAMILLUS he was forthwith commanded to march against Tusculum which doing accordingly he found the Tusculan Fields full of Husbandmen that stir'd not otherwise from the Plow than to furnish his Army with all kind of Accommodations and Victuals drawing near to the City he saw the Gates wide open the Magistrats coming out in their Gowns to salute and bid him welcom entring the Shops were all at work and open the Streets sounded with the noise of Schoolboys at their Books there was no face of War Wherupon CAMILLUS causing the Senat to assemble told them That tho the Art was understood yet had they at length found out the true Arms wherby the Romans were most undoubtedly to be conquer'd for which cause he would not anticipat the Senat to which he desir'd them forthwith to send which they did accordingly and their Dictator with the rest of their Embassadors being found by the Roman Senators as they went into the house standing sadly at the door were sent for in as Friends and not as Enemys Where the Dictator having said If we have offended the fault was not so great as is our Penitence and your Virtue the Senat gave them peace forthwith and soon after made the Tusculans Citizens of Rome BUT putting the case of which the World is not able to shew an example That the forfeiture of a populous Nation not conquer'd but Friends and in cool blood might be taken your Army must be planted in one of the ways mention'd To plant it in the way of absolute Monarchy that is upon feuds for life such as the Timars a Country as large and fruitful as that of Greece would afford you but sixteen thousand Timariots for that is the most the Turc being the best husband that ever was of this kind makes of it at this day and if Oceana which is less in fruitfulness by one half and in extent by three parts should have no greater a force whoever breaks her in one battel may be sure she shall never rise for such as was noted by MACCHIAVEL is the nature of the Turkish Monarchy if you break it in two battels you have destroy'd its whole Militia and the rest being all slaves you hold it without any further resistance Wherfore the erection of an absolute Monarchy in Oceana or in any other Country that is no larger without making it a certain prey to the first Invader is altogether impossible TO plant by halves as the Roman Emperors did their Beneficiarys or military Colonys it must be either for life and this an Army of Oceaners in their own Country especially having Estates of Inheritance will never bear because such an Army so planted is as well confiscated as the People nor had the Mamalucs bin contented with such usage in Egypt but that they were Foreners and daring not to mix with the Natives it was of absolute necessity to their being OR planting them upon Inheritance whether Aristocratically as the Neustrians or Democratically as the Israelits they grow up by certain consequence into the national Interest and this if they be planted popularly coms to a Commonwealth if by way of Nobility to a mix'd Monarchy which of all other will be found to be the only kind of Monarchy wherof this Nation or any other that is of no greater extent has bin or can be capable for if the Israelits tho their Democratical Balance being fix'd by their Agrarian stood firm be yet found to have elected Kings it was because their Territory lying open they were perpetually invaded and being perpetually invaded turn'd themselves to any thing which thro the want of experience they thought might be a remedy whence their mistake in election of their Kings under whom they gain'd nothing but on the contrary lost all they had acquir'd by their Commonwealth both Estates and Libertys is not only apparent but without parallel And if there have bin as was shewn a Kingdom of the Goths in Spain and of the Vandals in Asia consisting of a single Person and a Parlament taking a Parlament to be a Council of the People only without a Nobility it is expresly said of those Councils that they depos'd their Kings as often as they pleas'd nor can there be any other consequence of such a Government seeing where there is a Council of the People they do never receive Laws but give them and a Council giving Laws to a single Person he has no means in the World wherby to be any more than a subordinat Magistrat but force in which case he is not a single Person and a Parlament but a single Person and an Army which Army again must be planted as has bin shewn or can be of no long continuance IT is true that the Provincial Balance being in nature quite contrary to the National you are no way to plant a Provincial Army upon Dominion But then you must have a native Territory in Strength Situation or Government able to overbalance the foren or you can never hold it That an Army should in any other case be long supported by a mere Tax is a mere phansy as void of all reason and experience as if a Man should think to maintain such a one by robbing of Orchards for a mere Tax is but pulling of Plumtrees the roots wherof are in other Mens grounds who suffering perpetual Violence com to hate the Author of it And it is a Maxim that no Prince that is hated by his People can be safe Arms planted upon Dominion extirpat Enemys and make Friends but maintain'd by a mere Tax have Enemys that have roots and Friends that have none TO conclude Oceana or any other Nation of no greater extent must have a competent Nobility or is altogether incapable of Monarchy for where there is equality of
which was not only a ship but a gust too could never open her sails but in danger to overset her self neither could make any voyage nor ly safe in her own harbor The Wars of later ages says VERULAMIUS seem to be made in the dark in respect of the glory and honor which reflected on men from the Wars in antient times Their shipping of this sort was for Voyages ours dare not lanch nor lys it safe at home Your Gothic Politicians seem to me rather to have invented som new Ammunition or Gunpowder in their King and Parlament than Government For what is becom of the Princes a kind of People in Germany blown up Where are the Estates or the Power of the People in France blown up Where is that of the People in Arragon and the rest of the Spanish Kingdoms blown up On the other side where is the King of Spain's Power in Holland blown up Where is that of the Austrian Princes in Switzerland blown up This perpetual peevishness and jealousy under the alternat Empire of the Prince and of the People is obnoxious to every Spark Nor shall any man shew a reason that will be holding in prudence why the People of Oceana have blown up their King but that their Kings did not first blow up them The rest is discourse for Ladys Wherfore your Parlaments are not henceforth to com out of the Bag of AEOLUS but by your Galaxys to be the perpetual food of the Fire of VESTA YOUR Galaxys which divide the House into so many Regions are three one of which constituting the third Region is annually chosen but for the term of three years which causes the House having at once Blossoms Fruit half ripe and others dropping off in full maturity to resemble an Orange-tree such as is at the same time an Education or Spring and a Harvest too for the People have made a very ill choice in the Man who is not easily capable of the perfect knowlege in one year of the Senatorian Orders which Knowlege allowing him for the first to have bin a Novice brings him the second year to practice and time enough For at this rate you must always have two hundred knowing Men in the Government And thus the Vicissitude of your Senators is not perceivable in the steadiness and perpetuity of your Senat which like that of Venice being always changing is for ever the same And tho other Politicians have not so well imitated their Pattern there is nothing more obvious in Nature seeing a Man who wears the same Flesh but a short time is nevertheless the same Man and of the same genius and whence is this but from the constancy of Nature in holding a Man to her Orders Wherfore keep also to your Orders But this is a mean Request your Orders will be worth little if they do not hold you to them wherfore imbark They are like a Ship if you be once aboard you do not carry them but they you and see how Venice stands to her tackling you will no more forsake them than you will leap into the Sea BUT they are very many and difficult O my Lords what Seaman casts away his Card because it has four and twenty Points of the Compass and yet those are very near as many and as difficult as the Orders in the whole circumference of your Common-wealth Consider how have we bin tost with every wind of Doctrin lost by the glib Tongues of your Demagogs and Grandees in our own Havens A company of Fidlers that have disturb'd your rest for your Groat two to one three thousand pounds a year to another has bin nothing And for what Is there one of them that yet knows what a Commonwealth is And are you yet afraid of such a Government in which these shall not dare to scrape for fear of the Statute THEMISTOCLES could not fiddle but could make of a small City a great Commonwealth these have fiddel'd and for your Mony till they have brought a great Commonwealth to a small City IT grieves me while I consider how and from what causes imaginary Difficultys will be aggravated that the foregoing Orders are not capable of any greater clearness in discourse or writing But if a Man should make a Book describing every trick or passage it would fare no otherwise with a game at Cards and this is no more if a Man plays upon the square There is a great difference says VERULAMIUS between a cunning Man and a wise Man between a Demagog and a Legislator not only in point of honesty but in point of ability As there be that can pack the Cards and yet cannot play well so there be som that are good in Canvasses and Factions that are otherwise weak men Allow me but these Orders and let them com with their Cards in their sleeves or pack if they can Again says he it is one thing to understand Persons and another to understand Matters for many are perfect in mens humors that are not greatly capable of the real part of Business which is the constitution of one that has study'd Men more than Books But there is nothing more hartful in a State than that cunning men should pass for wise His words are an Oracle As DIONYSIUS when he could no longer exercise his Tyranny among men turn'd Schoolmaster that he might exercise it among Boys Allow me but these Orders and your Grandees so well skil'd in the Baits and Palats of Men shall turn Ratcatchers AND wheras Councils as is discretely observ'd by the same Author in his time are at this day in most places but familiar meetings somwhat like the Academy of our Provosts where matters are rather talk'd on than debated and run too swift to order an Act of Council give me my Orders and see if I have not puzzel'd your Demagogs IT is not so much my desire to return upon hants as theirs that will not be satisfy'd wherfore if notwithstanding what was said of dividing and chusing in our preliminary Discourses men will yet be returning to the Question Why the Senat must be a Council apart tho even in Athens where it was of no other Constitution than the popular Assembly the distinction of it from the other was never held less than necessary this may be added to the former Reasons that if the Aristocracy be not for the Debate it is for nothing but if it be for debate it must have convenience for it And what convenience is there for debate in a croud where there is nothing but jostling treading upon one another and stirring of Blood than which in this case there is nothing more dangerous Truly it was not ill said of my Lord EPIMONUS That Venice plays her game as it were at Billiards or Nineholes and so may your Lordships unless your Ribs be so strong that you think better of Footbal for such sport is Debate in a popular Assembly as notwithstanding the distinction of the Senat was the destruction
with Honors limited came to be hereditary and rising to Power proceded afterwards to the War against Troy After the War with Troy tho with much ado and in a long time Greece had constant rest and Land without doubt came to Property for shifting their seats no longer at length they sent Colonys abroad the Athenians into Ionia with the Islands the Peloponnesians into Italy Sicily and other parts The Power of Greece thus improv'd and the desire of Mony withal their Revenues in what not in Mony if yet there was no Usury therfore except a man can shew that there was Usury in Land being inlarg'd in most of the Citys there were erected Tyrannys Let us lay this place to the former when out of a desire of Gain the meaner sort underwent Servitude with the Mighty it caus'd hereditary Kingdoms with Honors limited as happen'd also with us since the time of the Goths and Vandals But when the People came to Property in Land and their Revenues were inlarg'd such as assum'd Power over Book I them not according to the nature of their Property or Balance were Tyrants well and what remedy why then it was says the Considerer that the Grecians out of an extreme aversion to that which was Consid p. 4. the cause of their present Sufferings slipt into Popular Government not that upon calm and mature Debates they found it best but that they might put themselves at the greatest distance which Spirit usually accompanys all Reformations from that with which they were grown into dislike Wherby he agrees exactly with his Author in making out the true Force and Nature of the Balance working even without deliberation and whether men will or no. For the Government that is natural and easy being in no other direction than that of the respective Balance is not of choice but of necessity The Policy of King Lords and Commons was not so much from the Prudence of our Ancestors as from their necessity If three hundred men held at this day the like over-balance to the whole People it was not in the power of Prudence to institute any other than the same kind of Government thro the same necessity Thus the meaner sort with THUCYDIDES submitting to the Mighty it came to Kingdoms with hereditary Honors but the People coming to be wealthy call'd their Kings tho they knew not why Tyrants nay and using them accordingly found out means with as little deliberation it may be as a Bull takes to toss a Dog or a Hern to split a Hauk that is rather as at the long-run they will ever do in the like cases by Instinct than Prudence or Debate to thro down that which by the mere information of sense they could no longer bear and which being thrown down they found themselves eas'd But the question yet remains and that is forsooth whether of these is to be call'd Antient Prudence To this end never man made a more unlucky choice than the Considerer has don for himself of this Author who in the very beginning of his Book speaking of the Peloponnesian War or that between the Common-wealths of Athens and Lacedemon says that the Actions which preceded this and those again that were more antient tho the truth of them thro length of time cannot by any means be clearly discover'd yet for any Argument that looking into times far past he had yet lighted on to persuade him he dos not think they have bin very great either for matter of War or otherwise that is for matter of Peace or Government And lest this should not be plain enough he calls the Prudence of the Mr. Hobbs in the Magire three Periods observ'd by Mr. HOBBS viz. that from the beginning of the Grecian Memory to the Trojan War that of the Trojan War it self and that from thence to the present Commonwealths and Wars Thu. B. 1. p. 3. wherof he treats The Imbecillity of antient Times Whersore certainly this Prevaricator to give him his own fees has less discretion than a Consid p. 34. common Attorny who will be sure to examin only those Witnesses that seem to make for the Cause in which he is entertain'd Seeing that which he affirms to be Antient Prudence is depos'd by his own witness to have bin the Imbecillity of antient Times for which I could have so many more than I have leisure to examin that to take only of the most Authentic as you have heard one Greec I shall add no more than one Roman and that is FLORUS in his Prolog where computing the Ages of the Romans in the same manner THUCYDIDES did those of the Greecs he affirms the time while they liv'd under their Kings to have bin their Infancy that from the Consuls till they conquer'd Italy their Youth that from hence to their Emperors their manly age and the rest with a Complement or Salvo to TRAJAN his present Chap. 1 Lord their Dotage THESE things tho originally all Government among the Greeâ—s and the Romans was Regal are no more than they who have not yet past their Novitiat in story might have known Yet says the Considerer Consid p. 2 3. It seems to be a defect of experience to think that the Greec and the Roman Actions are only considerable in Antiquity But is it such a defect of Experience to think them only considerable as not to think them chiefly considerable in Antiquity or that the name of Antient Prudence dos not belong to that Prudence which was chiefest in Antiquity True says he it is very frequent with such as have bin conversant with Greec and Roman Authors to be led by them into a belief that the rest of the World was a rude inconsiderable People and which is a term they very much delight in altogether Barbarous This should be som fine Gentleman that would have Universitys pull'd down for the Office of a University is no more than to preserve so much of Antiquity as may keep a Nation from stinking or being barbarous which Salt grew not in Monarchys but in Commonwealths or whence has the Christian World that Religion and those Laws which are now common but from the Hebrews and Romans or from whence have we Arts but from these or the Greecs That we have a Doctor of Divinity or a Master of Arts we may thank Popular Government or with what Languages with what things are Scholars conversant that are otherwise descended will they so plead their own Cause as to tell us it is possible there should be a Nation at this day in the world without Universitys or Universitys without Hebrew Greec and Latin and not be Barbarous that is to say rude unlearn'd and inconsiderable Yes this humor even among the Greecs and Romans themselves was a servil addiction to narrow Principles and a piece of very pedantical Pride What man the Greecs and the Romans that of all other would not serve servil their Principles their Learning with whose scraps we
such an Example are posted As if for a Christian Commonwealth to make so much use of Israel as the Roman did of Athens whose Laws she transcrib'd were against the Interest of the Clergy which it seems is so hostil to popular Power that to say the Laws of Nature tho they be the Fountains of all Civil Law are not the Civil Law till they be the Civil Law or thus that thou shalt not kill thou shalt not steal tho they be in natural Equity yet were not the Laws of Israel or of England till voted by the People of Israel or the Parlament of England is to assert Consid p. 35 40. the People into the mighty Liberty of being free from the whole moral Law and inasmuch as to be the Adviser or Persuader of a thing is less than to be the Author or Commander of it to put an Indignity upon God himself In which Fopperys the Prevaricator boasting of Principles but minding none first confounds Authority and Command or Power and next forgets that the dignity of the Legislator or which is all one of the Senat succeding to his Office as the Sanhedrim to MOSES is the greatest dignity in a Commonwealth and yet that the Laws or Orders of a Commonwealth derive no otherwise whether from the Legislator as MOSES LYCURGUS SOLON c. or the Senat as those of Israel Lacedemon or Athens than from their Authority receiv'd and confirm'd by the Vote or Command of the People It is true that with Almighty God it is otherwise than with a mortal Legislator but thro another Nature which to him is peculiar from whom as he is the cause of being or the Creator of Mankind Omnipotent Power is inseparable yet so equal is the goodness of this Nature to the greatness therof that as he is the cause of welbeing by way of Election for example in his chosen People Israel or of Redemption as in the Christian Church himself has prefer'd his Authority or Proposition before his Empire What else is the Book I meaning of these words or of this proceding of his Now therfore if ye will obey my Voice indeed and keep my Covenant ye shall be to me a Exod. 19. 5. Kingdom or I will be your King which Proposition being voted by the People in the Affirmative God procedes to propose to them the ten Commandments in so dreadful a manner that the People being excedingly Exod. 20. 19. afrighted say to MOSES Speak thou with us and we will hear thee that is be thou henceforth our Legislator or Proposer and we will resolve accordingly but let not God speak with us lest we dy From whenceforth God proposes to the People no otherwise than by MOSES whom he instructs in this manner These are the Judgments which thou shalt propose or set before them Wherfore it is said of the Deut. 29. 1. Book of Deuteronomy containing the Covenant which the Lord commanded MOSES to make with the Children of Israel in the Land of Moab besides the Covenant which he made with them in Horeb This is Deut. 4. 44. the Law which MOSES set before the Children of Israel Neither did GOD in this case make use of his Omnipotent Power nor CHRIST in the like who also is King after the fame manner in his Church and would have bin in Israel where when to this end he might have muster'd up Legions of Angels and bin victorious with such Armys or Argyraspides as never Prince could shew the like he says no more Matth. 23. 37. than O Jerusalem Jerusalem how often would I have gather'd thee and thy Children as a Hen gathers her Chickens under her wings and ye would not where it is plain that the Jews rejecting CHRIST that he should not reign over them the Law of the Gospel came not to be the Law of the Jews and so if the ten Commandments came to be the Law of Israel it was not only because God propos'd them seeing Christ also propos'd his Law which nevertheless came not to be the Law of the Jews but because the People receiv'd the one and rejected the other It is not in the nature of Religion that it should be thought a profane saying that if the Bible be in England or in any other Government the Law or Religion of the Land it is not only because God has propos'd it but also because the People or Magistrat has receiv'd it or resolv'd upon it otherwise we must set lighter by a Nation or Government than by a privat Person who can have no part nor portion in this Law unless he vote it to himself in his own Conscience without which he remains in the condition he was before and as the Heathen who are a Law to themselves Thus wheras in a Covenant there must be two Partys the Old and New Testament being in sum the Old and New Covenant these are that Authority and Proposition of GOD and CHRIST to which they that refuse their Vote or Result may be under the Empire of a Clergy but are none of his Commonwealth Nor seeing I am gon so far dos this at all imply Freewil but as is admirably observ'd by Mr. HOBBS the freedom of that which naturally precedes Will namely Deliberation or Debate in which as the Scale by the weight of Reason or Passion coms to be turn'd one way or other the Will is caus'd and being caus'd is necessitated When God coms in thus upon the Soul of Man he gives both the Will and the Deed from which like Ossice of the Senat in a Commonwealth that is from the excellency of their Deliberation and Debate which prudently and faithfully unsolded to the People dos also frequently cause and necessitat both the Will and the Deed. GOD himself has said of the Senat that they are Gods an expression tho divine yet not unknown to the Heathens Homo homini Deus one man for the excellency of his Aid may be a God to Chap. 8 another But let the Prevaricator look to it for he that leads the blind out of his way is his Devil FOR the things I have of this kind as also for what I have said upon the words Chirotonia and Ecclesia the Prevaricator is delighted to make me beholden underhand to Mr. HOBBS notwithstanding the open enmity which he says I profess to his Politics As if JOSEPHUS upon that of SAMUEL They have not rejected thee but they have rejected me 1 Sam. 8. 7. that I should not reign over them had not said of the People 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that they unchirotoniz'd or unvoted God of the Kingdom Now if they unchirotoniz'd or unvoted God of the Kingdom then they had chirotoniz'd or voted him to the Kingdom and so not only the Doctrin that God was King in Israel by Compact or Covenant but the use of the word Chirotonia also in the sense I understand it is more antient than Mr. HOBBS I might add that of CAPELLUS
any thing wherof they were in actual possession yet as to their legal Right took he from them as SAMUEL had forewarn'd their Fields their Vinyards and their Oliveyards even the best of them and gave them to his Servants or to a Nobility which by this means he introduc'd 2 Sam. 23. 1 Chron. 11. THE first Order of the Nobility thus instituted were as they are term'd by our Translators DAVID'S Worthys to these may be added the great Officers of his Realm and Court with such as sprang out of both But however these things by advantage of foren Conquest might be order'd by DAVID or continu'd for the time of his next Successor certain it is that the balance of Monarchy in so small a Country must be altogether insufficient to it self or destructive to the People A Parallel of the Monarchichal Balances in Israel and in Lacedemon Plutarch in Agis and Cleomenes THE Commonwealth of Lacedemon being founded by LYCURGUS Sect. 3 upon the like Lots with these design'd by MOSES came after the spoil of Athens to be destroy'd by Purchasers and brought into one hundred hands wherupon the People being rooted out there remain'd no more to the two Kings who were wont to go out with great Armys than one hundred Lords nor any way if they were invaded to defend themselves but by Mercenarys or making War upon the Penny which at the farthest it would go not computing the difference in Disciplin reach'd not in one third those Forces which the popular Balance could at any time have afforded without Mony This som of those Kings perceiving were of all others the most earnest to return to the popular Balance What Disorders in a Country no bigger than was theirs or this of the Israelits must in case the like course be not taken of necessity follow may be at large perus'd in the story of Lacedemon and shall be fully shewn when I com to the story of the present Kings The Superstructures of the Hebrew Monarchy FOR the Superstructures of DAVID'S Government it has bin Sect. 4 shewn at large what the Congregation of Israel was and that without the Congregation of Israel and their Result there was not any Law made by DAVID The like in the whole or for the most part was observ'd till REHOBOAM who refusing to redress the Grievances of the People was depos'd by one part of this Congregation or Parlament and set up by another to the confusion both of Parlament and People And DAVID as after him JEHOSHAPHAT did restore the Sanhedrim I will not affirm by popular Election after the antient manner He might do it perhaps as he made JOAB over the Host JEHOSHAPHAT Recorder and SERAIAH Scribe 1 Sam. 8. 15. Certain it is the Jewish Writers hold unanimously that the seventy Elders were in DAVID'S time and by a good token for they say to him only of all the Kings it was lawful or permitted to enter into the Sanhedrim which I the rather credit for the words of DAVID where he says I will praise the Lord with my whole Heart in the Council Psal 111. 1. and in the Congregation of the Vpright which words relate to the Senat and the Congregation of Israel The final cause of the popular Congregation in a Commonwealth is to give such a balance by their Book II Result as may and must keep the Senat from that Faction and Corruption wherof it is not otherwise curable or to set it upright Yet our Translation gives the words cited in this manner I will praise the Lord with my whole Heart in the Assembly of the Vpright and in the Psal 82. 1. Congregation There are other Allusions in the English Psalms of the like nature shaded in like manner As God is present in the Congregation of God that is in the Representative of the People of Israel he judges among the Gods that is among the seventy Elders or in the Sanhedrim What the Orders of the Israelitish Monarchy in the time of DAVID were tho our Translators throout the Bible have don what they could against Popular Government is clear enough in many such places Sect. 5 The Story of the Hebrew Kings TO conclude this Chapter with the story of the Hebrew Kings Till REHOBOAM and the division thro the cause mention'd of the Congregation in his time the Monarchy of the Hebrews was one but came thenceforth to be torn into two that of Judah consisting of two Tribes Judah and Benjamin and that of Israel consisting of the other ten From which time this People thus divided had little or no rest from the flame of that Civil War which once kindl'd between the two Realms or Factions could never be extinguish'd but in the destruction of both Nor was Civil War of so new a date among them SAUL whose whole Reign was impotent and perverse being conquer'd by DAVID and DAVID invaded by his Son ABSALOM so strongly that he fled before him SOLOMON the next Successor happen'd to have a quiet Reign by settling himself upon his Throne in the death of ADONIJAH his elder Brother and in the deposing of the High Priest ABIATHAR yet made he the yoke of the People grievous After him we have the War between JEROBOAM and REHOBOAM Then the Conspiracy of BAASHA against NADAB King of Israel which ends in the destruction of JEROBOAM'S House and the Usurpation of his Throne by BAASHA which BAASHA happens to leave to his Son ASA Against ASA rises ZIMRI Captain of the Chariots kills him with all his kindred reigns seven days at the end wherof he burns himself for fear of OMRI who upon this occasion is made Captain by one part of the People as is also TIBNI by another The next Prize is plaid between OMRI and TIBNI and their Factions in which TIBNI is slain Upon this success OMRI out-doing all his Predecessors in Tyranny leaves his Throne and Virtues to his Son AHAB Against AHAB drives JEHU furiously destroys him and his Family gives the flesh of his Queen JEZEBEL to the Dogs and receives a Present from those of Samaria even seventy Heads of his Masters Sons in Baskets To ASA and JEHOSHAPHAT Kings of Judah belongs much Reverence But upon this Throne sat ATHALIAH who to reign murder'd all her Grand-children except one which was JOASH JOASH being hid by the High Priest at whose command ATHALIAH was som time after slain ends his Reign in being murder'd by his Servants To him succedes his Son AMAZIA slain also by his Servants About the same time ZACHARIAH King of Israel was smitten by SHALLUM who reign'd in his stead SHALLUM by MANAHIM who reign'd in his stead PEKAHA the Son of MANAHIM by PEKAH one of his Captains who reign'd in his stead PEKAH by HOSHEA HOSHEA having reign'd nine years is carry'd by Chap. 4 SALMANAZZER King of Assyria with the ten Tribes into Captivity Now might it be expected that the Kingdom of Judah should injoy Peace a good King they
him take it quite away †Neque id existimaâ—e debes autorem me tibi esse ut tyrannidem in S. P. Q. R. in servitutem redactum teneas quod neque dicere meum nâ—que facere tuum est Whence this Empire being neither Hawk nor Buzzard made a flight accordingly and the Prince being perpetually tost having the Avarice of the Soldiery on this hand to satisfy upon the People and the Senat and the People on the other to be defended from the Soldiery seldom dy'd any other death than by one Horn of this Dilemma as is noted more at large by MACCHIAVEL But P. cap. 19. the Pretorian Bands those bestial executioners of their Captain 's Tyranny upon others and of their own upon him having continued from the time of AUGUSTUS were by CONSTANTIN the Great incens'd against them for taking part with his Adversary MAXENTIUS remov'd from their strong Garison which they held in Rome and distributed into divers Provinces The Benefices of the Soldiers that were hitherto held for Life and upon Duty were by this Prince made Hereditary so that the whole Foundation wherupon this Empire was first built being now remov'd shews plainly that the Emperors must long before this have found out som other way of support and this was by stipendiating the Goths a People that deriving their Roots from the Northern parts of Germany or out of Sweden had thro their Victorys obtain'd against DOMITIAN long since spred their Branches to so near a Neighborhood with the Roman Territorys that they began to overshadow them For the Emperors making use of them in their Armys as the French do at this day of the Switz gave them that under the notion of a Stipend which they receiv'd as Tribute coming if there were any default in the payment so often to distrein for it that in the time of HONORIUS they sack'd Rome and possest themselves of Italy And such was the transition of antient into modern Prudence or that breach which being follow'd in every part of the Roman Empire with Inundations of Vandals Huns Lombards Franks Saxons overwhelm'd antient Languages Learning Prudence Manners Citys changing the names of Rivers Macchiavel Countrys Seas Mountains and Men CAMILLUS CAESAR and POMPEY being com to EDMUND RICHARD and GEOFFREY The Gothic Balance TO open the Groundwork or Balance of these new Politicians Feudum says CALVIN the Lawyer is a Gothic word of divers significations for it is taken either for War or for a possession of conquer'd Lands distributed by the Victor to such of his Captains and Soldiers as had merited in his Wars upon condition to acknowlege him to be their perpetual Lord and themselves to be his Subjects Institution of Feudatory Principalitys OF these there were three Kinds or Orders The first of Nobility distinguish'd by the Titles of Dukes Marquisses Earls and these being gratified with the Citys Castles and Villages of the conquer'd Italians their Feuds participated of Royal Dignity and were call'd Regalia by which they had right to coin Mony create Magistrats take Toll Customs Confiscations and the like FEUDS of the second Order were such as with the consent of the King were bestow'd by these Feudatory Princes upon men of inferior Quality call'd their Barons on condition that next to the King they should defend the Dignitys and Fortunes of their Lords in Arms. THE lowest Order of Feuds were such as being confer'd by those of the second Order upon privat men whether Noble or not Noble oblig'd them in the like Duty to their Superiors these were call'd Vavasors And this is the Gothic Balance by which all the Kingdoms this day in Christendom were at first erected for which cause if I had time I should open in this place the Empire of Germany and the Kingdoms of France Spain and Poland But so much as has bin said being sufficient for the discovery of the Principles of modern Prudence in general I shall divide the remainder of my Discourse which is more particular into three parts THE first shewing the Constitution of the late Monarchy of Oceana THE second the Dissolution of the same And THE third the Generation of the present Commonwealth THE Constitution of the late Monarchy of Oceana is to be consider'd in relation to the different Nations by whom it has bin successively subdu'd and govern'd The first of these were the Romans the second the Teutons the third the Scandians and the fourth the Neustrians THE Government of the Romans who held it as a Province I shall omit because I am to speak of their Provincial Government in another place only it is to be remember'd here that if we have given over running up and down naked and with dappl'd hides learn'd to write and read and to be instructed with good Arts for all these we are beholden to the Romans either immediatly or mediatly by the Teutons for that the Teutons had the Arts from no other hand is plain enough by their Language which has yet no word to signify either writing or reading but what is deriv'd from the Latin Furthermore by the help of these Arts so learn'd we have bin capable of that Religion which we have long since receiv'd wherfore it seems to me that we ought not to detract from the memory of the Romans by whose means we are as it were of Beasts becom Men and by whose means we might yet of obscure and ignorant Men if we thought not too well of our selves becom a wise and a great People For the proof of the insuing Discourse out of Records and Antiquitys see Selden's Titles of Honor from pag. 593 to pag. 837. THE Romans having govern'd Oceana provincially the Teutons were the first that introduc'd the Form of the late Monarchy To these succeded the Scandians of whom because their Reign was short as also because they made little alteration in the Government as to the Form I shall take no notice But the Teutons going to work upon the Gothic Balance divided the whole Nation into three sorts of Feuds that of Ealdorman that of Kings Thane and that of Middle Thane The Teuton Monarchy WHEN the Kingdom was first divided into Precincts will be as hard to shew as when it began first to be govern'd it being impossible that there should be any Government without som Division The Division that was in use with the Teutons was by Countys and every County had either its Ealdorman or High Reeve The title of Ealdorman came in time to Eorl or Erl and that of High Reeve to High Sheriff Earls EARL of the Shire or County denoted the Kings Thane or Tehant by Grand Serjeantry or Knights Service in chief or in capite his Possessions were somtimes the whole Territory from whence he had his denomination that is the whole County somtimes more than one County and somtimes less the remaining part being in the Crown He had also somtimes a third or som other customary