safe company Lord. WHAT time was it Har. IN Venison time I am sure for we had a good Venison pasty Lord. DO you know one PORTMAN Har. NO my Lord I never heard of his name before Sir G. C. THIS is strange Lord. COM deal ingenuously you had better confess the things Har. MY Lord you do not look upon me for I saw he did not firmly I pray look upon me Do you not know an innocent face from a guilty one com you do my Lord every one dos My Lord you are great Men you com from the King you are the Messengers of Death Lord. IS that a small matter at which my Lord gave a shrug Har. IF I be a Malefactor I am no old Malefactor why am not I pale why do not I tremble why dos not my tongue falter why have you not taken me tripping My Lord these are unavoidable symtoms of guilt Do you find any such thing in me Lord. NO which he spoke with a kind of amazement and then added I have said all that I think I have to say Har. MY Lord but I have not Lord. COM then Har. THIS plainly is a practice a wicked practice a practice for innocent Blood and as weak a one as it is wicked Ah my Lord if you had taken half the pains to examin the Guilty that you have don to examin the Innocent you had found it it could not have escap'd you Now my Lord consider if this be a practice what kind of persons you are that are thus far made instrumental in the hands of wicked men Nay whither will wickedness go Is not the King's Authority which should be sacred made instrumental My Lord for your own sake the King's sake for the Lord's sake let such Villanys be found out and punish'd At this my Lord LAUDERDALE as was thought somwhat out of countenance rose up and fumbling with his hand upon the Table said Lord. WHY if it be as you say they deserve punishment enough but otherwise look it will com severely upon you Har. MY Lord I accepted of that condition before Lord. COM Mr. Vice-Chamberlain it is late Har. MY Lord now if I might I could answer the Preamble Lord. COM say and so he sat down again Har. MY Lord in the Preamble you charge me with being eminent in Principles contrary to the King's Government and the Laws of this Nation Som my Lord have aggravated this saying that I being a privat man have bin so mad as to meddle with Politics what had a privat man to do with Government My Lord there is not any public Person not any Magistrat that has written in the Politics worth a button All they that have bin excellent in this way have bin privat men as privat men my Lord as my self There is PLATO there is ARISTOTLE there is LIVY there is MACCHIAVEL My Lord I can sum up ARISTOTLE'S Politics in a very few words he says there is the barbarous Monarchy such a one where the People have no Votes in making the Laws he says there is the Heroic Monarchy such a one where the People have their Votes in making the Laws and then he says there is Democracy and affirms that a man cannot be said to have Liberty but in a Democracy only MY Lord LAUDERDALE who thus far had bin very attentive at this shew'd som impatience Har. I SAY ARISTOTLE says so I have not said so much And under what Prince was it Was it not under ALEXANDER the greatest Prince then in the World I beseech you my Lord did ALEXANDER hang up ARISTOTLE did he molest him LIVY for a Commonwealth is one of the fullest Authors did not he write under AUGUSTUS CAESAR did CAESAR hang up LIVY did he molest him MACCHIAVEL what a Commonwealthsman was he but he wrote under the Medici when they were Princes in Florence did they hang up MACCHIAVEL or did they molest him I have don no otherwise than as the greatest Politicians the King will do no otherwise than as the greatest Princes But my Lord these Authors had not that to say for themselves that I have I did not write under a Prince I wrote under a Usurper OLIVER He having started up into the Throne his Officers as pretending to be for a Commonwealth kept a murmuring at which he told them that he knew not what they meant nor themselves but let any of them shew him what they meant by a Commonwealth or that there was any such thing they should see that he sought not himself the Lord knew he sought not himself but to make good the Cause Upon this som sober men came to me and told me if any man in England could shew what a Commonwealth was it was my self Upon this persuasion I wrote and after I had written OLIVER never answer'd his Officers as he had don before therfore I wrote not against the King's Government And for the Law if the Law could have punish'd me OLIVER had don it therfore my Writing was not obnoxious to the Law After OLIVER the Parlament said they were a Commonwealth I said they were not and prov'd it insomuch that the Parlament accounted me a Cavalier and one that had no other design in my writing than to bring in the King and now the King first of any man makes me a Roundhead Lord. THESE things are out of doors if you be no Plotter the King dos not reflect upon your Writings AND so rising up they went out my Lord being at the head of the stairs I said to him My Lord there is one thing more you tax me with Ingratitude to the King who had suffer'd me to live undisturb'd truly my Lord had I bin taken right by the King it had by this Example already given bin no more than my due But I know well enough I have bin mistaken by the King the King therfore taking me for no Friend and yet using me not as an Enemy is such a thing as I have mention'd to all I have convers'd with as a high Character of Ingenuity and Honor in the King's Nature Lord. I AM glad you have had a sense of it and so went down Har. MY Lord it is my duty to wait on you no farther 34. NOTWITHSTANDING the apparent Innocence of our Author he was still detain'd a close Prisoner and Chancellor HIDE at a Conference of the Lords and Commons charg'd him with being concern'd in a Plot wherof one and thirty persons were the chief mâ—nagers after this manner That they met in Bowstreet Coventgarden in St. Mâ—rtins le grand at the Mill Bank and in other places and that they were of seven different Partys or Interests as three for the Commonwealth three for the Long Parlament three for the City three for the Purchasers three for the Disbanded Army three for the Independents and three for the Fifthmonarchy men That their first Consideration was how to agree on the choice of Parlamentmen against the insuing Session and that a special care
Liberty of the People which sense also is imply'd by their upbraiding him in Scripture Is it a small thing that thou hast Numb 16. 13. brought us up out of the Land that flows with Milk and Hony to kill us in the Wilderness except thou makest thy self altogether a Prince over us But wheras the Scripture in all this presumes these Incendiarys to have That Moses was no King bely'd MOSES som will have all they thus laid to his charge to be no more but less than truth in as much as they will needs have MOSES not only to have bin a King but to have bin a King exercising Arbitrary Power and such Arbitrary Power as being without any bounds fully amounts to Tyranny Sect. 2 That Moses propos'd his Laws to the People and their Suffrage THE word King is not a sufficient definition of the Magistrat so stil'd Between a Lacedemonian King and a Persian King or between either of these and a King of England there was a vast difference Both the Kings in Lacedemon were but as one Duke in Venice The Venetians therfore if it had so pleas'd them might as well have call'd their Duke a King Certainly it is that he is not so much in the Commonwealth as are a few of his Counsillors and yet all Acts of the Government run in his name as if there were no Common-wealth Deut. 34. 4. In what sense Moses may be call'd a King IT is said according to our Translation MOSES commanded us a Law c. according to the Original MOSES propos'd or gave us a Law which is an Inheritance to the Congregation of JACOB The Duke of Venice has a right to propose or give Law in the Congregation or great Council of Venice where he who sees him sitting would believe he were a King And if MOSES were King in Jesurun Ver. 5. or Israel it was when the Heads of the People and the Tribes of Israel were gather'd together PAUL epitomizing the story of the Acts 13. People of Israel in his Sermon to the Antiochian Jews shews how God chose their Fathers exalted the People destroy'd for their sakes seven Nations in the Land of Canaan and divided their Land to them by Lots but speaks not a word of any King given to them till expresly after their Judges But if MOSES were a King yet that he did not propose but command by his power the Laws which he gave to Israel dos not follow For DAVID was a King who nevertheless did no otherwise make any Law than by Proposition to the People and their â— Chron. 13. free Suffrage upon it DAVID consulted with the Captains of thousands and hundreds and with every Leader of which Military Disciplin of the Congregation of Israel more in due place will be shewn and DAVID said to all the Congregation If it seems good to you and that it be of the Lord our God tho he was a King and a man after God's own heart he makes the People Judges what was of God let us send abroad to our Brethren every where that are left in all the Land of Israel and with them also to the Priests and Levits that are in their Citys and Suburbs that they to the end this thing may be perform'd with the greatest solemnity may gather themselves to us and let us bring the Ark of God to us for we inquir'd not at it in the days of SAUL 1 Sam. 4. In the days of ELI the Ark was taken by the Philistins who being smitten till there was a deadly destruction throout all the City and their Divines attributing the cause therof to the detention of the Ark after seven months sent it to Bethshemesh whence it was brought to Kirjath-jearim and there lodg'd in the house of AMINADAB before SAUL was King where it remain'd till such time as DAVID propos'd in the manner shewn to the People the reduction of the same Upon this Proposition the People giving Suffrage are unanimous Chap. 1 in their result All the Congregation said that they would do so not 1 Chron. 13. 4. that they could do no otherwise by a King for they did not the like by REHOBOAM but that the thing was right in the eys of all the People Moreover DAVID and the Captains of the Host separated to Chap. 25. the Service som of the Sons of ASAPH and of HEMAN and of JEDUTHUN who should prophesy with Harps with Psalterys and with Cymbals that is propos'd these Laws for Church Disciplin or Offices of the Priests and Levits to the same Representative of the People of which more in other places Thus much in this to shew that if MOSES were a King it dos not follow that he propos'd not his Laws to a Congregation of the People having the power of Result To say that the Laws propos'd by MOSES were the Dictat of GOD is not to evade but to confirm the necessity of proposing them to the People seeing the Laws or Dictats of GOD or of CHRIST can no otherwise be effectually receiv'd or imbrac'd by a People or by a privat man than by the free suffrage of the Soul or Conscience and not by Force or Rewards which may as well establish the Laws of the Devil That there lay no appeal from the 70 Elders to Moses Numb 11. 16. BUT for another way such a one as it is of crowning MOSES Sect. 3 som are positive that there lay an appeal from the seventy Elders to Him Now the Command of God to MOSES for the institution of the Seventy is this Gather to me seventy men of the Elders of Israel that they may stand with thee Upon which words let me ask whether had MOSES thenceforth a distinct or a joint political Capacity If the Seventy stood with MOSES or it were a joint Capacity then MOSES was no King in their sense and if it were distinct then lay there to MOSES no appeal even by his own Law for thus in the case of Appeals it is by him directed If there arises a Controversy too Deut. 6. hard for thee in Judgment thou shalt com to the Priests and Levits that is to the seventy Elders According to the sentence of the Law which they shall tell thee thou shalt do And the man that will do presumtuously and will not hearken even that man shall dy In which words all color of appeal from the seventy Elders is excluded BUT whether MOSES were a King or no King either his Sect. 4 Power was more than that of King DAVID or without proposition to and result of the People it is plain that he could pass no Law Now the Senat Sanhedrim or seventy Elders came in the place of MOSES or stood with him therfore their Power could be no more than was that of MOSES So that if the Power of MOSES were never more in the point of Lawgiving than to propose to the People then the power of the Sanhedrim
introduc'd by Christ into his Church Matth. 19. 28. WE do not find that CHRIST who gave little countenance to Sect. 1 the Jewish Traditions ordain'd his Apostles or Disciples by the imposition of hands his Apostles were twelve whom he compares to the twelve Princes of the Tribes of Israel and his Disciples were seventy in which number it is receiv'd by Divines that he alluded to the seventy Elders or Sanhedrim of Israel So thus far the Government of the Church instituted by CHRIST was according to the form instituted by MOSES But CHRIST in this form was King and Priest not after the institution of MOSES who separated the Levits to the Priesthood but as before MOSES when the Royal and Priestly Vid. Grotium videat Grotius in Epist ad Hebraeos Function were not separated and after the order or manner of MELCHISEDEC who came not to the Priesthood by proving his Pedegree as the High Priest in Israel by Father or as the King Priest in Athens by Mother but without Father and Mother Or be what has bin said of MELCHISEDEC approv'd or rejected such for the rest as has bin shewn was the form introduc'd by CHRIST into his Church The first way of Ordination Acts 1. CHRIST being taken up into Heaven his Disciples or Followers Sect. 2 in Jerusalem increas'd to about one hundred and twenty names and the Apostles decreas'd by one or by JUDAS who was gon to his place PETER whether upon the Counsil or Determination of the eleven Apostles as is most probable beforehand or otherwise stood up and spoke both to the Apostles and Disciples assembl'd upon this occasion That one out of the present Assembly might be ordain'd an Apostle and they that is the Congregation or why was this propos'd to them appointed two by Suffrage for how otherwise can an Assembly appoint These were BARSABAS and MATTHIAS which Names being written in scrols were cast into one Urn two Lots wherof one was a blank and the other inscrib'd with the word Apostle being at the same time cast into another Urn. Which don they pray'd that God would shew which of the Competitors by them so made he had chosen when they had thus pray'd they gave forth their Lots that is a scrol out of the one Urn and then a name to that scrol out of the other Urn and the Lot fell upon MATTHIAS or MATTHIAS was taken wherupon MATTHIAS was number'd or rather decreed with the eleven Apostles For * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Psephisma being a word which properly derives from such Stones or Pebbles as popular Assemblys of old were wont to ballot with or give suffrage by not only signifys a Decree but especially such a Decree as is made by a popular Assembly Now if this was Ordination in the Christian Church and of Apostolical Right then may there be a way of Ordination in the Christian Church and of Apostolical Right exactly conformable to the Ballot or way us'd by MOSES in the institution of the seventy Elders or Sanhedrim of Israel Book II AFTER the conversion of som thousands more most if not all Sect. 3 of which were Jews a People tho converted yet so tenacious of their The second way of Ordination Acts 4. 4. Laws and Customs that even Circumcision hitherto not forbidden by the Apostles was continu'd among them the twelve Apostles call'd the multitude of Disciples to them So MOSES when he had any thing Acts 6. to propose assembl'd the People of Israel And when the twelve had thus call'd the Disciples they said Look ye out among you seven men of honest report full of the Holy Ghost and Wisdom whom we may appoint over this business So MOSES said to the Congregation of Israel Take ye wise men and understanding and known among your Tribes and I will make them Rulers over you And the saying of the Apostles pleas'd the whole multitude So the People of Israel were wont to answer to MOSES The thing which thou sayst is good for us to do This saying of the Apostles being thought good by the whole multitude the whole multitude elected seven men whom they set before the Apostles and when they had pray'd they laid their hands on them To say in this place as they do that the Act of the People was but a Presentation and that the Apostles had power to admit or refuse the Persons so presented is as if one should say That the act of electing Parlament men by the People of England was but a Presentation and that the King had power to admit or refuse the Persons so presented And seeing the Deacons henceforth had charge of the Word to say that by this choice the Deacons receiv'd not the charge of the Word but the care to serve Tables is as if one should say That Parlament men by their Election receiv'd only the care to levy Mony or Provision for the King's Table but if upon such Election they debated also concerning Laws that Power they receiv'd from the King only BUT if this was a way of Ordination in the Christian Church and of Apostolical Right then there may be a way of Ordination in the Christian Church and of Apostolical Right consisting in part of the Orders of the Israelitish Commonwealth and in part of the Orders of the Jewish Commonwealth Sect. 4 The third way of Ordination 1 Tim. 4. 14. LASTLY PAUL writing to TIMOTHY concerning his Ordination has in one place this expression Neglect not the Gift that is in thee which was given thee by prophesy with the laying on of the hands of the Presbytery So the Presbytery of a Jewish Synagog laid their hands on 2 Tim. 1. 6. the Party ordain'd And in another place he has this expression Stir up the Gift of God which is in thee by the laying on of my hands So the Ruler of a Jewish Synagog did lay his hands also on the Party ordain'd Moreover the Apostle in these words The Gift that is in thee by laying on of hands tho in relation to Gifts beyond comparison more excellent uses the Phrase known upon the like occasion to have bin common with the Jews Wherfore if this were a way of Ordination in the Christian Church and of Apostolical Right then may there be a way of Ordination in the Christian Church exactly conformable to the Jewish Commonwealth and yet be of Apostolical Right Nor is it so strange that the Apostles in matters of this nature should comply with the Jews of which so many were converted seeing it is certain that not only the Apostles but all such as in these times were converted did observe the Jewish Sabbath nay and that PAUL himself took TIMOTHY and circumcis'd him because of the Jews that is to comply with them or to give them no offence Nor do our Divines any where pretend imposition of hands to be deriv'd from CHRIST but unanimously confess that it was taken up by the Apostles from the
the Minister of State takes his pastime 16. THE Complaint that the Wisdom of all these latter times in Princes Affairs consists rather in fine deliverys and shiftings of Dangers or Mischiefs when they are near than in solid and grounded courses to keep them off is a Complaint in the Streets of Aristocratical Monarchy and not to be remedy'd because the Nobility being not broken Chap. X the King is in danger and the Nobility being broken the Monarchy is ruin'd 17. AN Absurdity in the form of the Government as that in a Monarchy there may be two Monarchs shoots out into a mischief in the Administration or som wickedness in the Reason of State as in ROMULUS'S killing of REMUS and the monstrous Associations of the Roman Emperors 18. USURPATION of Government is a Surfeit that converts the best Arts into the worst Nemo unquam imperium flagitio acquisitum bonis artibus exercuit 19. AS in the privation of Virtue and in Beggery men are Sharks or Robbers and the reason of their way of living is quite contrary to those of Thrift so in the privation of Government as in Anarchy Oligarchy or Tyranny that which is Reason of State with them is directly opposit to that which is truly so whence are all those black Maxims set down by som Politicians particularly MACCHIAVEL in his Prince and which are condemn'd to the fire even by them who if they liv'd otherwise might blow their fingers 20. WHERE the Government from a true Foundation rises up into proper Superstructures or Form the Reason of State is right and streight but give our Politician peace when you please if your House stands awry your Props do not stand upright 21. TAKE a Jugler and commend his Tricks never so much yet if in so doing you shew his Tricks you spoil him which has bin and is to be confess'd of MACCHIAVEL 22. CORRUPTION in Government is to be read and consider'd in MACCHIAVEL as Diseases in a man's Body are to be read and consider'd in HIPPOCRATES 23. NEITHER HIPPOCRATES nor MACCHIAVEL introduc'd Diseases into man's Body nor Corruption into Government which were before their times and seeing they do but discover them it must be confest that so much as they have don tends not to the increase but the cure of them which is the truth of these two Authors POLITICAL APHORISMS Obsequium amicos veritas odium parit Terent. 1. THE Errors and Sufferings of the People are from their Governors 2. WHEN the Foundation of a Government coms to be chang'd and the Governors change not the Superstructures accordingly the People becom miserable 3. THE Monarchy of England was not a Government by Arms but a Government by Laws tho imperfect or ineffectual Laws 4. THE later Governments in England since the death of the King have bin Governments by Arms. 5. THE People cannot see but they can feel 6. THE People having felt the difference between a Government by Laws and a Government by Arms will always desire the Government by Laws and abhor that of Arms. 7. WHERE the Spirit of the People is impatient of a Government by Arms and desirous of a Government by Laws there the spirit of the People is not unfit to be trusted with their Liberty 8. THE spirit of the People of England not trusted with their Liberty drives at the restitution of Monarchy by Blood and Violence 9. THE Spirit of the People of England trusted with their Liberty if the Form be sufficient can never set up a King and if the Form be insufficient as a Parlament with a Council in the intervals or two Assemblys coordinat will set up a King without Blood or Violence 10. TO light upon a good Man may be in Chance but to be sure of an Assembly of good Men is not in Prudence 11. WHERE the Security is no more than personal there may be a good Monarch but can be no good Commonwealth 12. THE necessary Action or Use of each thing is from the nature of the Form 13. WHERE the Security is in the Persons the Government makes good men evil where the Security is in the Form the Government makes evil men good 14. ASSEMBLYS legitimatly elected by the People are that only Party which can govern without an Army 15. NOT the Party which cannot govern without an Army but the Party which can govern without an Army is the refin'd Party as to this intent and purpose truly refin'd that is by Popular Election according to the Precept of MOSES and the Rule of Scripture Take ye wise men and understanding and known among your Tribes and I will make them Rulers over you 16. THE People are deceiv'd by Names but not by Things 17. WHERE there is a well order'd Commonwealth the People are generally satisfy'd 18. WHERE the People are generally dissatisfy'd there is no Commonwealth 19. THE Partys in England declaring for a Commonwealth hold every one of them somthing that is inconsistent with a Common-wealth 20. TO hold that the Government may be manag'd by a few or by a Party is inconsistent with a Commonwealth except in a Situation like that of Venice 21. TO hold that there can be any National Religion or Ministry without public Indowment and Inspection of the Magistracy or any Government without a National Religion or Ministry is inconsistent with a Commonwealth 22. TO hold that there may be Liberty and not Liberty of Conscience is inconsistent with a Commonwealth that has the Liberty of her own Conscience or that is not Popish 23. WHERE Civil Liberty is intire it includes Liberty of Conscience 24. WHERE Liberty of Conscience is intire it includes Civil Liberty 25. EITHER Liberty of Conscience can have no security at all or under Popular Government it must have the greatest security 26. TO hold that a Government may be introduc'd by a little at once is to wave Prudence and commit things to Chance 27. TO hold that the Wisdom of God in the formation of a House or of a Government gos not universally upon natural Principles is inconsistent with Scripture 28. TO hold that the Wisdom of Man in the formation of a House or of a Government may go upon supernatural Principles is inconsistent with a Commonwealth and as if one should say God ordain'd the Temple therfore it was not built by Masons he ordain'd the Snuffers therfore they were not made by a Smith 29. TO hold that Hirelings as they are term'd by som or an indow'd Ministry ought to be remov'd out of the Church is inconsistent with a Commonwealth 30. NATURE is of GOD. 31. SOM part in every Religion is natural 32. A UNIVERSAL Effect demonstrats a universal Cause 33. A UNIVERSAL Cause is not so much natural as it is Nature it self 34. EVERY man either to his terror or consolation has som sense of Religion 35. MAN may rather be defin'd a religious than a rational Creature in regard that in other Creatures there may be somthing of Reason but there
have their Liberty not in word but in deed but that is Heathenism that 's CICERO well this is Christian if there will bâ— no such saying I would there might be no swearing Feb. 6. 1659. THE HUMBLE PETITION OF DIVERS Well affected Persons Deliver'd the 6 th day of July 1659. With the PARLAMENT'S Answer therto TO THE SUPREME AUTHORITY THE Parlament of the Commonwealth of England The Humble Petition of divers well affected Persons SHEWS THAT your Petitioners have for many years observ'd the breathings and longings of this Nation after Rest and Settlement and that upon mistaken grounds they have bin ready even to sacrifice and yield up part of their own undoubted right to follow after an appearance of it AND your Petitioners do daily see the bad effects of long continu'd Distractions in the ruins and decays of Trade foren and domestic and in the advantages that are taken to make Confederacys to involve the Nation in Blood and Confusion under pretence of procuring a Settlement THAT it has bin the practice of all Nations on the subversion of any form of Government to provide immediatly a new Constitution sutable to their condition with certain Successions and Descents that so both their Lawgivers and Magistrats might use their several Trusts according to the establish'd Constitution and the Peoples minds be settl'd secure and free from attemts of introducing several forms of Government according to the variety of their Fancys or corrupt Interests THAT God has preserv'd this Nation wonderfully without example many years since the dissolution of the old form of Government by King Lords and Commons there having bin no fundamental Constitutions of any kind duly settl'd nor any certain Succession provided for the Legislative Power but even at this instant if by any sudden sickness design or force any considerable numbers of your Persons should be render'd incapable of meeting in Parlament the Commonwealth were without form of successive Legislature or Magistracy and left to the mercy of the strongest Faction Yet we have reason to remember in these years of unsettlement the inexpressible sufferings of this Nation in their Strength Wealth Honor Liberty and all things conducing to their welbeing and we have like reason now sadly to apprehend the impending ruin And we cannot discern a possibility of your Honors unanimous and expeditious procedings towards our Countrys preservation and relief from its heavy pressures while your minds are not settl'd in any known Constitution of Government or fundamental Orders according to which all Laws should be made but divers or contrary Interests may be prosecuted on different apprehensions of the Justice and Prudence of different forms of Government tho all with good intentions YOVR Petitioners therfore conceiving no remedy so effectual against the present Dangers as the settlement of the Peoples minds and putting them into actual security of their Propertys and Libertys by a due establishment of the Constitution under which they may evidently apprehend their certain injoyment of them and therupon a return of their Trade and free Commerce without those continual fears that make such frequent stops in Trade to the ruin of thousands AND your Petitioners also observing that the Interest of the late King's Son is cry'd up and promoted daily upon pretence that there will be nothing but Confusion and Tyranny till he com to govern and that such as declare for a Commonwealth are for Anarchy and Confusion and can never agree among themselves what they would have VPON serious thoughts of the Premises your Petitioners do presume with all humility and submission to your Wisdom to offer to your Honors their Principles and Proposals concerning the Government of this Nation Wherupon they humbly conceive a just and prudent Government ought to be establish'd viz. 1. THAT the Constitution of the Civil Government of England by King Lords and Commons being dissolv'd whatever new Constitution of Government can be made or settl'd according to any rule of Righteousness it can be no other than a wise Order or Method into which the free Peoples Deputys shall be form'd for the making of their Laws and taking care for their common safety and welfare in the execution of them For the exercise of all just Authority over a free People ought under God to arise from their own Consent 2. THAT the Government of a free People ought to be so settl'd that the Governors and Govern'd may have the same Interest in preservâ—ng the Government and each others Propertys and Libertys respectively that being the only sure foundation of a Commonwealth's Unity Peace Strength and Prosperity 3. THAT there cannot be a Union of the Interests of a whole Nation in the Government where those who shall somtimes govern be not also somtimes in the condition of the Govern'd otherwise the Governors will not be in a capacity to feel the weight of the Government nor the Govern'd to injoy the advantages of it And then it will be the interest of the major part to destroy the Government as much as it will be the interest of the minor part to preserve it 4. THAT there is no security that the Supreme Authority shall not fall into Factions and be led by their privat Interest to keep themselves always in power and direct the Government to their privat advantages if that Supreme Authority be settl'd in any single Assembly whasoever that shall have the intire power of propounding debating and resolving Laws 5. THAT the Soverain Authority in every Government of what kind soever ought to be certain in its perpetual Successions Revolutions or Descents and without possibility by the judgment of human Prudence of a death or failure of its being because the whole form of the Government is dissolv'd if that should happen and the People in the utmost imminent danger of an absolute Tyranny or a War among themselves or Rapin and Confusion And therfore where the Government is Popular the Assemblys in whom reside the Supreme Authority ought never to dy or dissolve tho the Persons be annually changing neither ought they to trust the Soverain care of the strength and safety of the People out of their own hands by allowing a Vacation to themselves lest those that should be trusted be in love with such great Authority and aspire to be their Masters or else fear an Account and seek the dissolution of the Commonwealth to avoid it 6. THAT it ought to be declar'd as a Fundamental Order in the Constitution of this Commonwealth that the Parlament being the Supreme Legislative Power is intended only for the exercise of all those Acts of Authority that are proper and peculiar to the Legislative Power and to provide for a Magistracy to whom should appertain the whole Executive Power of the Laws and no Case either Civil or Criminal to be judg'd in Parlament saving that the last Appeals in all Cases where Appeals shall be thought fit to be admitted be only to the Popular Assembly and also that to
formidable for their Noise than Number and for their Number more considerable than their Power who will not fail with open mouths to proclaim that this is a seditious Attemt against the very being of Monarchy and that there 's a pernicious design on foot of speedily introducing a Republican Form of Government into the Britannic Islands in order to which the Person continue they whom we have for som time distinguisht as a zealous promoter of this Cause has now publisht the Life and Works of HARRINGTON who was the greatest Commonwealthsman in the World This is the substance of what these roaring and hoarse Trumpeters of Detraction will sound for what 's likely to be said by men who talk all by rote is as easy to guess as to answer tho 't is commonly so silly as to deserve no Animadversion Those who in the late Reigns were invidiously nicknam'd Commonwealthsmen are by this time sufficiently clear'd of that Imputation by their Actions a much better Apology than any Words for they valiantly rescu'd our antient Government from the devouring Jaws of Arbitrary Power and did not only unanimously concur to fix the Imperial Crown of England on the most deserving Head in the Vniverse but also settl'd the Monarchy for the future not as if they intended to bring it soon to a period but under such wise Regulations as are most likely to continue it for ever consisting of such excellent Laws as indeed set bounds to the Will of the King but that render him therby the more safe equally binding up his and the Subjects hands from unjustly seizing one anothers prescrib'd Rights or Privileges 'T IS confest that in every Society there will be always found som Persons prepar'd to enterprize any thing tho never so flagitious grown desperat by their Villanies their Profuseness their Ambition or the more raging madness of Superstition and this Evil is not within the compass of Art or Nature to remedy But that a whole People or any considerable number of them shou'd rebel against a King that well and wisely administers his Government as it cannot be instanc'd out of any History so it iâ— a thing in it self impossible An infallible Expedient therfore to exclude a Commonwealth is for the King to be the Man of his People and according to his present Majesty's glorious Example to find out the Secret of so happily uniting too seemingly incompatible things Principality and Liberty 'T IS strange that men shou'd be cheated by mere Names yet how frequently are they seen to admire under one denomination what going under another they wou'd undoubtedly detest which Observation made TACITUS lay down for a Maxim That the secret of setting up a new State consists in retaining the Image of the old Now if a Common-wealth be a Government of Laws enacted for the common Good of all the People not without their own Consent or Approbation and that they are not wholly excluded as in absolute Monarchy which is a Government of Men who forcibly rule over others for their own privat Interest Then it is undeniably manifest that the English Government is already a Commonwealth the most free and best constituted in all the world This was frankly acknowleg'd by King JAMES the First who stil'd himself the Great Servant of the Commonwealth It is the Language of our best Lawyers and allow'd by our Author who only makes it a less perfect and more inequal Form than that of his Oceana wherin he thinks better provision is made against external Violence or internal Diseases Nor dos it at all import by what names either Persons or Places or Things are call'd since the Commonwealthsman finds he injoys Liberty under the security of equal Laws and that the rest of the Subjects are fully satisfy'd they live under a Government which is a Monarchy in effect as well as in name There 's not a man alive that excedes my affection to a mixt Form of Government by the Antients counted the most perfect yet I am not so blinded with admiring the good Constitution of our own but that every day I can discern in it many things deficient som things redundant and others that require emendation or change And of this the supreme Legislative Powers are so sensible that we see nothing more frequent with them than the enacting abrogating explaining and altering of Laws with regard to the very Form of the Administration Nevertheless I hope the King and both Houses of Parlament will not be counted Republicans or if they be I am the readiest in the world to run the same good or bad Fortune with them in this as well as in all other respects BVT what HARRINGTON was oblig'd to say on the like occasion I must now produce for my self It was in the time of ALEXANDER the greatest Prince and Commander of his Age that ARISTOTLE with scarce inferior Applause and equal Fame wrote that excellent piece of Prudence in his Closet which is call'd his Politics going upon far other Principles than ALEXANDER's Government which it has long outliv'd The like did LIVY without disturbance in the time of AUGUSTUS Sir THOMAS MORE in that of HENRY the Eighth and MACCHIAVEL when Italy was under Princes that afforded him not the ear If these and many other celebrated Men wrote not only with honor and safety but even of Commonwealths under Despotic or Tyrannical Princes who can be so notoriously stupid as to wonder that in a free Government and under a King that is both the restorer and supporter of the Liberty of Europe I shou'd do justice to an Author who far outdos all that went before him in his exquisit knowlege of the Politics THIS Liberty of writing freely fully and impartially is a part of those Rights which in the last Reigns were so barbarously invaded by such as had no inclination to hear of their own enormous violations of the Laws of God and Man nor is it undeserving Observation that such as raise the loudest Clamors against it now are the known Enemys of King WILLIAM's Title and Person being sure that the Abdicated King JAMES can never be reinthron'd so long as the Press is open for brave and free Spirits to display the Mischiefs of Tyranny in their true Colors and to shew the insinit Advantages of Liberty But not to dismiss even such unreasonable People without perfect satisfaction let 'em know that I don't recommend a Commonwealth but write the History of a Commonwealthsman fairly divulging the Principles and Pretences of that Party and leaving every body to approve or dislike what he pleases without imposing on his Judgment by the deluding Arts of Sophistry Eloquence or any other specious but unfair methods of persuasion Men to the best of their ability ought to be ignorant of nothing and while they talk so much for and against a Commonwealth 't is sit they shou'd at least understand the Subject of their Discourse which is not every body's case Now as HARRINGTON'S Oceana
by ROMULUS are first divided into thirty Curias or Parishes wherof he elected by three out of each Curia the Senat which from his Reign to that of SERVIUS Halicar TULLUS propos'd to the Parishes or Parochial Congregations and these being call'd the Comitia Curiata had the election of the * Quirites Regem create ita patribus visum est Tullum Hostilium Regem Populus jussit Patres authores facti Kings the Confirmation of their †Ut ab Romulo traditum suffragium viritim eadem vi eodemque jure omnibus datum est Laws and the last appeal in matters of Judicature as appears in the case of HORATIUS that kil'd his Sister till in the Reign of SERVIUS for the other Kings kept not to the institution of ROMULUS the People being grown somwhat the Power of the Curiata was for the greater part translated to the Centuriata Comitia instituted by this King which distributed the People according to the cense or valuation of their Estates into six Classes every one containing about forty Centurys divided into Youth and Elders the Youth for field-service the Elders for the defence of their Territory all arm'd and under continual Disciplin in which they assembl'd both upon military and civil occasions But when the Senat propos'd to the People the Horse only wherof there were twelve Centurys consisting of the richest sort over and above those of the Foot enumerated were call'd with the first Classis of the Foot to the suffrage or if these accorded not then the second Classis was call'd to them but seldom or never any of the rest Wherfore the People after the expulsion of the Kings growing impatient of this inequality rested not till they had reduc'd the suffrage as it had bin in the Comitia Curiata to the whole People again But in another way that is to say by the Comitia Tributa which therupon were instituted being a Council where the People in exigencys made Laws without the Senat which Laws were call'd Plebiscita This Council is that in regard wherof CICERO and other great Wits so frequently inveigh against the People and somtimes even LIVY as at the first ‖ Hunc annum insignem maximè Comitia Tributa efficiunt res major victoriâ â—uscepti certaminis quam usu plus enim dignitatis Comitiis ipsis detractum est patribus ex Concilio submovendis quam virium aut plebi additum aut demtum patribus institution of it To say the truth it was a kind of Anarchy wherof the People could not be excusable if there had not thro the Courses taken by the Senat bin otherwise a necessity that they must have seen the Common-wealth run into Oligarchy Sigonius THE manner how the Comitia Curiata Centuriata or Tributa were call'd during the time of the Commonwealth to the suffrage was by lot the Curia Century or Tribe wheron the first lot fell being stil'd Principium or the Prerogative and the other Curiae Centurys or Tribes wheron the second third and fourth Lots c. fell the Jure vocatae From henceforth not the first Classis as in the times of SERVIUS but the Prerogative whether Curia Century or Tribe came first to the Suffrage whose Vote was call'd Omen Praerogativum and seldom fail'd to be leading to the rest of the Tribes The Jure vocatae in the order of their Lots came next the manner of giving suffrage was by casting wooden Tablets mark'd for the Affirmative or the Negative into certain Urns standing upon a Scaffold as they march'd over it in files which for the resemblance it bore was call'd the Bridg. The Candidat or Competitor who had most Suffrages in a Curia Century or Tribe was said to have that Curia Century or Tribe and he who had most of the Curiae Centurys or Tribes carry'd the Magistracy THESE three places being premis'd as such upon which there will be frequent reflection I com to the Narrative divided into two parts the first containing the Institution the second the Constitution of the Commonwealth in each wherof I shall distinguish the Orders as those which contain the whole Model from the rest of the Discourse which tends only to the explanation or proof of them Institution of the Common-wealth IN the institution or building of a Commonwealth the first work as that of Builders can be no other than fitting and distributing the Materials Divisions of the People THE Materials of a Commonwealth are the People and the People of Oceana were distributed by casting them into certain Divisions regarding their Quality their Age their Wealth and the places of their residence or habitation which was don by the insuing Orders 1. Order Into Freemen and Servants THE first ORDER distributes the People into Freemen or Citizens and Servants while such for if they attain to Liberty that is to live of themselves they are Freemen or Citizens THIS Order needs no proof in regard of the nature of Servitude which is inconsistent with Freedom or participation of Government in a Commonwealth 2. Order Into Youth and Elders THE second ORDER distributes Citizens into Youth and Elders such as are from 18 years of age to 30 being accounted Youth and such as are of 30 and upwards Elders and establishes that the Youth shall be the marching Armys and the Elders the standing Garisons of this Nation A COMMONWEALTH whose Arms are in the hands of her Servants had need be situated as is elegantly said of Venice by * Lontana della fede degli huomini CONTARINI out of the reach of their clutches witness the danger run by that of Carthage in the Rebellion of SPENDIUS and MATHO But tho a City if one Swallow makes a Summer may thus chance to be safe yet shall it never be great for if Carthage or Venice acquir'd any Fame in their Arms it is known to have happen'd thro the mere virtue of their Captains and not of their Orders wherfore Israel Lacedemon and Rome intail'd their Arms upon the prime of their Citizens divided at least in Lacedemon and Rome into Youth and Elders the Youth for the Field and the Elders for defence of the Territory 3. Order Into Horse and Foot THE third ORDER distributes the Citizens into Horse and Foot by the cense or valuation of their Estates they who have above one hundred Pounds a year in Lands Goods or Monys being oblig'd to be of the Horse and they who have under that Sum to be of the Foot But if a man has prodigally wasted and spent his Patrimony he is neither capable of Magistracy Office or Suffrage in the Commonwealth CITIZENS are not only to defend the Commonwealth but according to their abilitys as the Romans under SERVIUS TULLUS regard had to their Estates were som inrol'd in the Horse Centurys and others of the Foot with Arms injoin'd accordingly nor could it be otherwise in the rest of the Commonwealths tho out of Historical
where he says that rendering his Citizens emulous not careless of that honor he assign'd to the People the election of the Senat. Wherfore MACCHIAVEL in this as in other places having his ey upon the division of Patrician and Plebeian Familys as they were in Rome has quite mistaken the Orders of this Commonwealth where there was no such thing Nor did the quiet of it derive from the Power of the Kings who were so far from shielding the People from the injury of the Nobility of which there was none in his sense but the Senat that one declar'd end of the Senat at the institution was to shield the People from the Kings who from that time had but single Votes Neither did it procede from the straitness of the Senat or their keeping the People excluded from the Government that they were quiet but from the equality of their administration seeing the Senat as is plain by the Oracle their fundamental Law had no more than the Debate and the Result of the Commonwealth belong'd to the People Wherfore when THEOPOMPUS and POLYDORUS Kings of Lacedemon would have kept the People excluded from the Government by adding to the antient Law this Clause If the determination of the People be faulty it shall be lawful for the Senat to resume the Debate the People immediatly became unquiet and resum'd that Debate which ended not till they had set up their Ephors and caus'd that Magistracy to be confirm'd by their Kings * * Nam cum primus instituisset Theopompus ut Ephori Lacedamone crearentur ita futuri regiae potestati oppositi quemadmodum Romae Tribuni plâ—bis consulati imperio sunt objecti atque illi uâ—or dixiâ—â—et id egiâ—â—â— illum ut filâ—is minorem potestatem reâ—inqueret Relinquam inquit sed diuturniorem Optimè quidem Ea enim demum tuta est potentia quae viribus suis modum imponit Theopompus igitur legitimis regnum vinculis constringendo quo longius à licentia â—etraxit hot propius ad benevolentiam civium admovit Val. Max. l. 4. c. 1. de externis §. 8. For when THEOPOMPUS first ordain'd that the Ephori or Overseers should be created at Lacedemon to be such a restraint upon the Kings there as the Tribuns were upon the Consuls at Rome the Queen complain'd to him that by this means he transmitted the Royal Authority greatly diminish'd to his Children I leave indeed less answer'd he but more lasting And this was excellently said for that Power only is safe which is limited from doing hurt THEOPOMPUS therfore by confining the Kingly Power within the bounds of the Laws did recommend it by so much to the Peoples Affection as he remov'd it from being Arbitrary By which it may appear that a Commonwealth for preservation if she coms to be inequal is as obnoxious to enmity between the Senat and the People as a Commonwealth for increase and that the Tranquillity of Lacedemon was deriv'd from no other cause than her Equality FOR Venice to say that she is quiet because she disarms her Subjects is to forget that Lacedemon disarm'd her Helots and yet could not in their regard be quiet wherfore if Venice be defended from external causes of Commotion it is first thro her Situation in which respect her Subjects have no hope and this indeed may be attributed to her fortune and secondly thro her exquisit Justice whence they have no will to invade her But this can be attributed to no other cause than her Prudence which will appear to be greater as we look nearer for the effects that procede from Fortune if there be any such thing are like their cause inconstant But there never happen'd to any other Commonwealth so undisturb'd and constant a Tranquillity and Peace in her self as is that of Venice wherfore this must procede from som other cause than Chance And we see that as she is of all others the most quiet so the most equal Commonwealth Her Body consists of one Order and her Senat is like a rolling stone as was said which never did nor while it continues upon that rotation never shall gather the moss of a divided or ambitious interest much less such a one as that which grasp'd the People of Rome in the talons of their own Eagles And if MACCHIAVEL averse from doing this Commonwealth right had consider'd her Orders as his Reader shall easily perceive he never did he must have bin so far from attributing the Prudence of them to Chance that he would have touch'd up his admirable work to that perfection which as to the civil part has no pattern in the universal World but this of Venice ROME secure by her potent and victorious Arms from all external causes of Commotion was either beholden for her Peace at home to her Enemys abroad or could never rest her head My LORDS you that are Parents of a Commonwealth and so freer Agents than such as are merely natural have a care For as no man shall shew me a Commonwealth born streight that ever became crooked so no man shall shew me a Commonwealth born crooked that ever became streight Rome was crooked in her birth or rather prodigious Her twins the Patricians and Plebeian Orders came as was shewn by the foregoing story into the World one body but two heads or rather two bellys for notwithstanding the Fable out of AESOP wherby MENENIUS AGRIPPA the Orator that was sent from the Senat to the People at Mount Aventin shew'd the Fathers to be the Belly and the People to be the Arms and the Legs which except that how slothful soever it might seem they were nourish'd not these only but the whole Body must languish and be dissolv'd it is plain that the Fathers were a distinct Belly such a one as took the meat indeed out of the Peoples mouths but abhorring the Agrarian return'd it not in the due and necessary nutrition of a Commonwealth Nevertheless as the People that live about the Cataracts of Nilus are said not to hear the noise so neither the Roman Writers nor MACCHIAVEL the most conversant with them seem among so many of the Tribunitian storms to hear their natural voice for tho they could not miss of it so far as to attribute them to the strife of the People for participation in Magistracy or in which MACCHIAVEL more particularly joins to that about the Agrarian this was to take the business short and the remedy for the disease A PEOPLE when they are reduc'd to misery and despair becom their own Politicians as certain Beasts when they are sick becom their own Physicians and are carry'd by a natural instinct to the desire of such Herbs as are their proper cure but the People for the greater part are beneath the Beasts in the use of them Thus the People of Rome tho in their misery they had recourse by instinct as it were to the two main Fundamentals of a Commonwealth participation of Magistracy and the Agrarian
better Proveditor than the Venetian another Strategus sitting with an Army standing by him wherupon that which is marching if there were any probability it should would find as little possibility that it could recoil as a foren Enemy to invade you These things consider'd a War will appear to be of a contrary nature to that of all other reckonings inasmuch as of this you must never look to have a good account if you be strict in imposing checks Let a Council of Huntsmen assembl'd beforehand tell you which way the Stag shall run where you shall cast about at the fault and how you shall ride to be in at the chase all the day but these may as well do that as a Council of War direct a General The hours that have painted wings and of different colors are his Council he must be like the Ey that makes not the Scene but has it so soon as it changes That in many Counsillors there is strength is spoken of Civil Administrations as to those that are military there is nothing more certain than that in many Counsillors there is weakness Joint Commissions in military affairs are like hunting your Hounds in their Couples In the Attic War CLEOMENES and DEMARATUS Kings of Lacedemon being thus coupl'd tug'd one against another and while they should have join'd against the Persian were the cause of the common calamity wherupon that Commonwealth took better Counsil and made a Law wherby from thenceforth there went at once but one of her Kings to Battel THE Fidenati being in rebellion and having slain the Colony of the Romans four Tribuns with Consular Power were created by the People of Rome wherof one being left for the guard of the City the other three were sent against the Fidenati who thro the division that happen'd among them brought nothing home but Dishonor wherupon the Romans created the Dictator and LIVY gives his Judgment in these words * * Tres Tribuni potestate Consulari documento fuêre quà m plurium imperium bello inutile esset tendendo ad sua quisque consilia cum alii aliud videretur aperuerunt ad occasionem locum hosti The three Tribuns with Consular Power were a lesson how useless in War is the joint Command of several Generals for each following his own Counsils while they all differ'd in their opinions gave by this opportunity an advantage to the Enemy When the Consuls QUINTIUS and AGRIPPA were sent against the AEQUI AGRIPPA for this reason refus'd to go with his Collegue saying * * Saluberrimum in administratione magnarum rerum summam imperii apud unum esse That in the administration of great Actions it was most safe that the chief Command should be lodg'd in one Person And if the Ruin of modern Armys were well consider'd most of it would be found to have faln upon this point it being in this case far safer to trust to any one Man of common Prudence than to any two or more together of the greatest Parts The Consuls indeed being equal in Power while one was present with the Senat and the other in the Field with the Army made a good Balance and this with us is exactly follow'd by the Election of a new Strategus upon the march of the old one THE seven and twentieth Order wherby the Elders in case of Invasion are oblig'd to equal duty with the Youth and each upon their own charge is sutable to Reason for every Man defends his own Estate and to our Copy as in the War with the Samnits and Tuscans ††Senatus justitium indici delectum omnis generis hominum haberi jussit nec ingenui modo juniores Sacramento adacti sunt sed seniorum etiam cohortes factae The Senat order'd a Vacation to be proclaim'd and a Levy to be made of all sorts of Persons And not only the Freemen and Youths were listed but Cohorts of the old Men were likewise form'd This Nation of all others is the least obnoxious to Invasion Oceana says a French Politician is a Beast that cannot be devour'd but by her self nevertheless that Government is not perfect which is not provided at all points and in this ad Triarios res rediit the Elders being such as in a martial State must be Veterans the Commonwealth invaded gathers strength like ANTAEUS by her fall while the whole number of the Elders consisting of five hundred thousand and the Youth of as many being brought up according to the Order give twelve successive Battels each Battel consisting of eighty thousand Men half Elders and half Youth And the Commonwealth whose Constitution can be no stranger to any of those Virtues which are to be acquir'd in human life grows familiar with Death ere she dys If the hand of God be upon her for her Transgressions she shall mourn for her Sins and ly in the dust for her Iniquitys without losing her Manhood Si fractus illabatur orbis Impavidam ferient ruinae THE remaining part being the Constitution of the Provincial Orb is partly Civil or consisting of the Elders and partly Military or consisting of the Youth The Civil part of the provincial Orb is directed by 28. Order Constitution of the Civil part of the Provincial Orb. THE twenty eighth ORDER wherby the Council of a Province being constituted of twelve Knights divided by four into three Regions for their term and revolution conformable to the Parlament is perpetuated by the annual election at the Tropic of four Knights being triennial Magistrats out of the Region of the Senat whose term expires and of one Knight out of the same Region to be Strategus or General of the Province which Magistracy is annual The Strategus or Magistrat thus chosen shall be as well President of the Provincial Council with power to propose to the same as General of the Army The Council for the rest shall elect weekly Provosts having any two of them also right to propose after the manner of the Senatorian Councils of Oceana And wheras all Provincial Councils are Members of the Council of State they may and ought to keep diligent correspondence with the same which is to be don after this manner Any Opinion or Opinions legitimatly propos'd and debated at a Provincial Council being therupon sign'd by the Strategus or any two of the Provosts may be transmitted to the Council of State in Oceana and the Council of State proceding upon the same in their natural course whether by their own Power if it be a matter within their Instructions or by Authority of the Senat therupon consulted if it be a matter of State which is not in their Instructions or by Authority of the Senat and Command of the People if it be a matter of Law as for the Levys of Men or Mony upon common use and safety shall return such Answers Advice or Orders as in any of the ways mention'd shall be determin'd upon the case The Provincial Councils of
considerable People If your Liberty be not a Root that grows it will be a Branch that withers which consideration brings me to the Paragon the Commonwealth of Rome THE ways and means wherby the Romans acquir'd the Patronage and in that the Empire of the World were different according to the different condition of their Commonwealth in her rise and in her growth in her rise she proceded rather by Colonys in her growth by inequal Leagues Colonys without the bounds of Italy she planted none such dispersion of the Roman Citizen as to plant him in foren parts till the contrary Interest of the Emperors brought in that Practice was unlawful nor did she ever demolish any City within that compass or devest it of Liberty but wheras the most of them were Commonwealths stir'd up by emulation of her great felicity to war against her if she overcame any she confiscated som part of their Lands that were the greatest Incendiarys or causes of the Trouble upon which she planted Colonys of her own People preserving the rest of their Lands and Libertys for the Natives or Inhabitants By this way of proceding that I may be as brief as possible she did many and great things For in confirming of Liberty she propagated her Empire in holding the Inhabitants from Rebellion she put a curb upon the incursion of Enemys in exonerating her self oâ— the poorer sort she multiply'd her Citizens in rewarding her Veterans she render'd the rest less seditious and in acquiring to her self the reverence of a common Parent she from time to time became the Mother of newborn Citys IN her farther growth the way of her Propagation went more upon Leagues which for the first division were of two kinds Social and Provincial AGAIN Social Leagues or Leagues of Society were of two kinds THE first call'd Latinity or Latin the second Italian Right THE League between the Romans and the Latins or Latin Right approach'd nearest to Jus Quiritium or the Right of a native Roman The Man or the City that was honor'd with this Right was Civitate donatus cum suffragio adopted a Citizen of Rome with the right of giving Suffrage with the People in som cases as those of Confirmation of Law or Determination in Judicature if both the Consuls were agreed not otherwise wherfore that coming to little the greatest and most peculiar part of this Privilege was that who had born Magistracy at least that of Aedil or Quaestor in any Latin City was by consequence of the same a Citizen of Rome at all points ITALIAN Right was also a donation of the City but without Suffrage they who were in either of these Leagues were govern'd by their own Laws and Magistrats having all the Rights as to Liberty of Citizens of Rome yielding and paying to the Commonwealth as head of the League and having in the conduct of all Affairs appertaining to the common Cause such aid of Men and Mony as was particularly agreed to upon the merit of the Cause and specify'd in their respective Leagues whence such Leagues came to be call'd equal or inequal accordingly PROVINCIAL Leagues were of different extension according to the Merit and Capacity of a conquer'd People but they were all of one kind for every Province was govern'd by Roman Magistrats as a Praetor or a Proconsul according to the dignity of the Province for the Civil Administration and Conduct of the Provincial Army and a Quaestor for the gathering of the public Revenue from which Magistrats a Province might appeal to Rome FOR the better understanding of these Particulars I shall exemplify in as many of them as is needful and first in Macedon THE Macedonians were thrice conquer'd by the Romans first under the Conduct of TITUS QUINTUS FLAMINIUS secondly under that of LUCIUS AEMILIUS PAULUS and thirdly under that of QUINTUS CAECILIUS METELLUS thence call'd MACEDONICUS FOR the first time PHILIP of Macedon who possest of Acrocorinthus boasted no less than was true that he had Greece in fetters being overcom by FLAMINIUS had his Kingdom restor'd to him upon condition that he should immediatly set all the Citys which he held in Greece and in Asia at liberty and that he should not make war out of Macedon but by leave of the Senat of Rome which PHILIP having no other way to save any thing agreed should be don accordingly THE Grecians being at this time assembl'd at the Isthmian Games where the Concourse was mighty great a Crier appointed to the office by FLAMINIUS was heard among them proclaiming all Greece to be free to which the People being amaz'd at so hopeless a thing gave little credit till they receiv'd such testimony of the truth as put it past all doubt wherupon they fell immediatly on running to the Proconsul with Flowers and Garlands and such violent expressions of their Admiration and Joy as if FLAMINIUS a young man about thirty three had not also bin very strong he must have dy'd of no other death than their kindness while every one striving to touch his hand they bore him up and down the field with an unruly throng full of such Ejaculations as these How Is there a People in the world that at their own charge at their own peril will fight for the Liberty of another Did they live at the next door to this fire Or what kind of men are these whose business it is to pass the Seas that the World may be govern'd with Righteousness The Citys of Greece and of Asia shake off their Iron Fetters at the voice of a Cryer Was it madness to imagin such a thing and is it don O Virtue O Felicity O Fame IN this Example your Lordships have a donation of Liberty or of Italian Right to a People by restitution to what they had formerly injoy'd and som particular Men Familys or Citys according to their merit of the Romans if not upon this yet upon the like occasions were gratify'd with Latinity BUT PHILIP'S share by this means did not please him wherfore the League was broken by his Son PERSEUS and the Macedonians therupon for the second time conquer'd by AEMILIUS PAULUS their King taken and they som time after the Victory summon'd to the Tribunal of the General where remembring how little hope they ought to have of Pardon they expected som dreadful Sentence When AEMILIUS in the first place declar'd the Macedonians to be free in the full possession of their Lands Goods and Laws with Right to elect annual Magistrats yielding and paying to the People of Rome one half of the Tribute which they were accustom'd to pay to their own Kings This don he went on making so skilful a division of the Country in order to the methodizing of the People and casting them into a form of popular Government that the Macedonians being first surpriz'd with the Virtue of the Romans began now to alter the scene of their Admiration that a Stranger should do such things for them in their own
nor could till he had consulted the Oracle of APOLLO he desir'd that they would observe his Laws without any change or alteration whatsoever till his return from Delphos to which all the People chearfully and unanimously ingag'd themselves by promise desiring him that he would make as much hast as he could But LYCURGUS before he went began with the Kings and the Senators and thence taking the whole People in order made them all swear to that which they had promis'd and then took his Journy Being arriv'd at Delphos he sacrific'd to APOLLO and afterwards inquir'd if the Policy which he had establish'd was good and sufficient for a virtuous and a happy Life By the way it has bin a Maxim with Legislators not to give checks to the present Superstition but to make the best use of it as that which is always the most powerful with the People otherwise tho PLUTARCH being a Priest was interested in the cause there is nothing plainer than CICERO in his Book De Divinatione has made it that there was never any such thing as an Oracle except in the cunning of the Priests But to be civil to the Author The God answer'd to LYCURGUS that his Policy was exquisit and that his City holding to the strict observation of his form of Government should attain to the height of fame and glory Which Oracle LYCURGUS causing to be written fail'd not of transmitting to his Lacedemon This don that his Citizens might be for ever inviolably bound by their Oath that they would alter nothing till his return he took so firm a resolution to dy in the place that from thenceforward receiving no manner of Food he soon after perform'd it accordingly Nor was he deceiv'd in the consequence for his City became the first in glory and excellency of Government in the whole World And so much for LYCURGUS according to PLUTARCH MY Lord ARCHON when he beheld not only the rapture of motion but of joy and harmony into which his Spheres without any manner of obstruction or interfering but as if it had bin naturally were cast conceiv'd not less of exultation in his Spirit but saw no more necessity or reason why he should administer an Oath to the Senat and the People that they would observe his Institutions than to a Man in perfect health and felicity of Constitution that he would not kill himself Nevertheless wheras Christianity tho it forbids violent hands consists no less in selfdenial than any other Religion he resolv'd that all unreasonable Desires should dy upon the spot to which end that no manner of food might be left to Ambition he enter'd into the Senat with a unanimous Applause and having spoken of his Government as LYCURGUS did when he assembl'd the People he abdicated the Magistracy of ARCHON The Senat as struck with astonishment continu'd silent Men upon so sudden an Accident being altogether unprovided of what to say till the ARCHON withdrawing and being almost at the door divers of the Knights flew from their Places offering as it were to lay violent hands on him while he escaping left the Senat with the tears in their Eys of Children that had lost their Father and to rid himself of all farther importunity retir'd to a Country House of his being remote and very privat in so much that no man could tell for som time what was becom of him Thus the Lawmaker happen'd to be the first object and reflection of the Law made For as Liberty of all things is the most welcom to a People Never Ingratitude but toâ— much Love the constant fault of the People so is there nothing more abhorrent from their nature than Ingratitude We accusing the Roman People of this Crime against som of their greatest Benefactors as CAMILLUS heap mistake upon mistake for being not so competent Judges of what belongs to Liberty as they were we take upon us to be more competent Judges of Virtue And wheras Virtue for being a vulgar thing among them was of no less rate than Jewels are with such as wear the most we are selling this precious Stone which we have ignorantly rak'd out of the Roman ruins at such a rate as the Switzers did that which they took in the Baggage of CHARLES of Burgundy For that CAMILLUS had stood more firm against the ruin of Rome than her Capitol was acknowleg'd but on the other side that he stood as firm for the Patricians against the Liberty of the People was as plain wherfore he never wanted those of the People that would dy at his foot in the Field nor that would withstand him to his beard in the City An example in which they that think CAMILLUS had wrong neither do themselves right nor the People of Rome who in this signify no less than that they had a scorn of Slavery beyond the sear of Ruin which is the height of Magnanimity The like might be shewn by other examples objected against this and other Popular Governments as in the Banishment of ARISTIDES the Just from Athens by the Ostracism which first was no punishment nor ever understood for so much as a disparagement but tended only to the Security of the Commonwealth thro the removal of a Citizen whose Riches or Power with a Party was suspected out of harms way for the space of ten years neither to the diminution of his Estate or Honor. And next tho the virtue of ARISTIDES might in it self be unquestion'd yet for him under the name of the Just to becom Universal Umpire of the People in all cases even to the neglect of the legal ways and orders of the Commonwealth approach'd so much to the Prince that the Athenians doing ARISTIDES no wrong did their Government no more than right in removing him which therfore is not so probable to have com to pass as PLUTARCH presumes thro the envy of THEMISTOCLES seeing ARISTIDES was far more popular than THEMISTOCLES who soon after took the same walk upon a worse occasion Wherfore as MACCHIAVEL for any thing since alleg'd has irrefragably prov'd that Popular Governments are of all others the least ingrateful so the obscurity I say into which my Lord ARCHON had now withdrawn himself caus'd a universal sadness and cloud in the minds of Men upon the glory of his rising Commonwealth MUCH had bin ventilated in privat discourse and the People for the Nation was yet divided into Partys that had not lost their animositys being troubl'd bent their eys upon the Senat when after som time spent in devotion and the solemn action of Thanksgiving his Excellency NAVARCHUS DE PARALO in the Tribe of Dorean Lord Strategus of Oceana tho in a new Commonwealth a very prudent Magistrat propos'd his part or opinion in such a manner to the Council of State that passing the Ballot of the same with great unanimity and applause it was introduc'd into the Senat where it past with greater Wherfore the Decree being forthwith printed and publish'd Copys
can depose the Senat and remain a Commonwealth The People of Capua being inrag'd to the full height resolv'd and assembl'd together the Senat if the People will being always in their power on purpose to cut the throats of the Senators when PACUVIUS CALAVIUS exhorted them that ere they went upon the design they would first make election among themselves of a new Senat which the throats of the old being cut might for the safety of the Commonwealth immediatly take their places for said he * Senâ—tum omninâ— non haâ—â—re non vultis Quippe aut Rex quod abominandâ—m aut quod â—num liberae civitatis Concilium est Senatus habendus est Liv. You must either have a King which is to be abhor'd or whatever becoms of this you must have som other Senat for the Senat is a Council of such a nature as without it no free City can subsist By which Speech of PACUVIUS the People who thought themselves as the Considerer has it wise enough to consult being convinc'd sell to work for the Election of a succeding Senat out of themselves the Prevaricator should not tell me of Notions but learn that in a Commonwealth there must be a Senat is a Principle while the People of Capua were intent upon chusing this new Senat the Partys propos'd seem'd to them to be so ridiculously unsit for such an Office that by this means coming to a nearer sight of themselves they were secretly so fill'd with the shame of their Enterprize that slinking away they would never after be known so much as to have thought upon such a thing Nor ever went any other People so far not the Florentins themselves tho addicted to Innovation or changing of the Senat beyond all other examples Sons of the University Brothers of the College Heads and Points you love fine words Whether tends to bring all things into servitude my Hypothesis or his †Arocheâ— Hypothytes For says he I am willing to gratify Mr. HARRINGTON with his partition of the twenty men into six and fourteen but if I had bin in a humor of contradiction it had bin as free for me to have said that som one of the twenty would have excel'd all the rest in Judgment Experience Courage and height of Genius and then told him that this had bin a natural Monarchy establish'd by God himself over Mankind As if the twenty would give their Clothes or Mony to the next man they meet wiser or richer than themselves which before he deny'd Oportet mendacem esse memorem God establish'd Kings no otherwise than by election of the People and the twenty will neither give their Clothes nor Mony How then why in coms a Gallant with a file Book I of Musketeers What says he are you dividing and chusing here Go to I will have no dividing give me all Down go the pots and up go their heels What is this why a King What more by Divine Right As he took the Cake from the Girls CHAP. VI. Whether the Senatusconsulta or Decrees of the Roman Senat had the Power of Laws AMONG divers and weighty Reasons why I would have that Prince look well to his file of Musketeers this is no small one that he being upon no balance will never be able to give Law without them For to think that he succedes to the Senat or that the power of the Senat may serve his turn is a presumtion that will fail him The Senat as such has no power at all but mere Authority of proposing to the People who are the makers of their own Laws whence the Decrees of the Senat of Rome are never Laws nor so call'd but Senatusconsulta It is true that a King coming in the Senat as there it did may remain to his aid and advantage and then they propose not as formerly to the People but to him who coms not in upon the right of the Senat but upon that of the People whence says JUSTINIAN * Quod Principi placuit legis habet vigorem quum lege Regia quae de ejus imperio lata est Populus ei in eum omne imperium suum potestatem concedat The Princes Pleasure has the force of Law since the People have by the Lex Regia concerning his Power made over to him all their own Empire Consid p. 30 31. and Authority Thus the Senatusconsultum Macedonicum with the rest that had place allow'd by JUSTINIAN in compilement of the Roman Laws were not Laws in that they were Senatusconsulta or propos'd by the Senat but in that they were allow'd by JUSTINIAN or the Prince in whom was now the right of the People Wherfore the Zealot for Monarchy has made a pas de clerc or foul step in his procession where he argues thus out of CUJACIUS It was soon agreed that the distinct Decrees of the Senat and People should be extended to the nature of Laws therfore the distinct Decrees of the Senat are Laws whether it be so agreed by the People or by the Prince or no. For thus he has no sooner made his Prince than he kicks him heels over head seeing where the Decrees of the Senat are Laws without the King that same is as much a King as the Prevaricator a Politician A Law is that which was past by the Power of the People or of the King But out of the Light in this place he takes a Welsh Bait and Consid p. 32. looking back makes a muster of his Victorys like the bussing Gascon who to shew what he had thrown out of the windows in his Debauchery made a formal repetition of the whole Inventory of the House CHAP. VII Chap. 7 Whether the Ten Commandments were propos'd by GOD or MOSES and voted by the People of Israel ONE would think the Gascon had don well Is he satisfy'd No he will now throw the House out of the windows The principal Consid p. 33 35. stones being already taken from the Foundation he has a bag of certain Winds wherwithal to reverse the Superstructures The first Wind he lets go is but a Puff where he tells me that I bring Switzerland and Holland into the enumeration of the Heathen Commonwealths which if I had don their Libertys in many parts and places being more antient than the Christian Religion in those Countrys as is plain by TACITUS where he speaks of CIVILIS and of the Customs of the Germans I had neither wrong'd them nor my self but I do no such matter for having enumerated the Heathen Commonwealths I add that the Procedings of Holland and Switzerland tho after a more obscure Oceana p. 51. manner are of the like nature The next is a Storm while reproaching me with Rudeness he brings in Dr. FERN and the Clergy by head and shoulders who till they undertake the quarrel of Monarchy to the confusion of the Commonwealth of Israel at least so far that there be no weight or obligation in
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
as if Victory had known no other wings than those of her Eagles nor seeing the Goths and Vandals are the Legislators from whom we derive the Government of King Lords and Commons were these when they overcame the Roman Empire a People so cloign'd from the perfection of Government but their Policy was then far better than that of the Emperors which having bin at first founded upon a broken Senat and a few military Colonys was now com to a Cabinet and a mercenary Army The Judgment of all Ages and Writers upon the Policy of the Roman Emperors is in this place worthy and thro the pains already taken by ERASMUS and SLEIDAN easy to be inserted O miserable and deplorable State says ERASMUS the Authority of the Senat the Power of the Law the In his Preface to Suetonius Liberty of the People being trod underfoot to a Prince that got up in this manner the whole World was a Servant while he himself was a Servant to such as no honest man would have indur'd the like Servants in his House the Senat dreaded the Emperor the Emperor dreaded his execrable Militia the Emperor gave Laws to Kings and receiv'd them from his Mercenarys To this is added by SLEIDAN That the condition De quat Imp. of these Princes was so desperat it was a wonderful thing Ambition it self could have the Courage to run such a hazard seeing from CAIUS CAESAR slain in the Senat to CHARLES the Great there had bin above thirty of them murder'd and four that had laid violent hands upon themselves For there was always somthing in them that offended the Soldiery which whether they were good or bad was equally subject to pick Quarrels upon the least occasion rais'd Tumults and dispatch'd even such of them as they had forc'd to accept of that Dignity for example AELIUS PERTINAX But if this be true that of the Goths and Vandals when they subdu'd this Empire must have bin the better Government for so ill as this never was there any except that only of the Kings of Israel which certainly was much worse Those of the Britans and the Gauls were but the dregs of this of Rome when they were overcom by the Saxons and Franks who brought in the Policy of the Goths and Vandals Book I WHEN TAMERLAN overcame BAJAZET the Turkish Policy had not attain'd to that extent of Territory which is plainly necessary to the nature of it nor was the Order of the Janizarys yet instituted The Hollander who under a potent Prince was but a Fisherman with the restitution of the popular Government is becom the better Soldier nor has he bin match'd but by a rising Commonwealth whose Policy you will say was yet worse but then her Balance being that especially which produces men was far better For Vastness for Fruitfulness of Territory for Bodys of Men for Number for Courage Nature never made a Country more potent than Germany yet this Nation antiently the Seminary of Nations has of late years merely thro the defect of her Policy which intending one Commonwealth has made a hundred Monarchys in her Bowels whose cross Interests twist her guts bin the Theater of the saddest Tragedys under the Sun nor is she curable unless som Prince falling to work with the Hammer of War be able totally to destroy the old and forge her a Government intirely new But if this coms to pass neither shall it be said that a well-policy'd Empire was subverted nor by a People so eloign'd from perfection of Government but theirs must be much better than the other Let me be as ridiculous as you will the World is in faece Romuli ripe for great Changes which must com And look to it whether it be Germany Spain France Italy or England that coms first to fix her self upon a firm Foundation of Policy she shall give Law to and be obey'd by the rest There was never so much fighting as of late days to so little purpose Arms except they have a root in Policy are altogether fruitless In the War between the King and the Parlament not the Nation only but the Policy of it was divided and which part of it was upon the better Foundation Consid p. 51. BVT says he Ragusa and San Marino are commended for their upright and equal frame of Government and yet have hardly extended their Dominion beyond the size of a handsom Mannor HAVE Ragusa or San Marino bin conquer'd by the Arms of any Monarch For this I take it is the question tho if they had these being Commonwealths unarm'd it were nothing to the purpose The question of Increase is another point Lacedemon could not increase because her frame was of another nature without ruin yet was she not conquer'd by any Monarch Consid p. 52. COM com says he for all this It is not the perfection of Government but the populousness of a Nation the natural valor of the Inhabitants the abundance of Horses Arms and other things necessary for equipping of an Army assisted with a good military Disciplin that qualify a People for Conquest and where these concur Victory is intail'd upon them Very fine AS if these could concur any otherwise than by virtue of the Policy For example there is no Nation under Heaven more populous Essay 29. than France Yet says Sir FRANCIS BACON If the Gentlemen be too many the Commons will be base and not the hundredth Poll fit for a Helmet as may be seen by comparison of England with France wherof the former tho far less in Territory and Populousness has bin nevertheless the overmatch in regard the middle People in England make good Soldiers which the Peasants in France do not This therfore was from the Policy by which the one has bin the freest and the other the most inslav'd Subject in the World and not from Populousness in Chap. 10 which case France must have bin the Overmatch THE like is observable in the natural valor of the People there being no greater courage of an Infantry than that of the middle People in England wheras the Peasant having none at all is never us'd in Arms. Again France has one of the best Cavalrys in the World which the English never had yet it avail'd her not Victory is more especially intail'd upon Courage and Courage upon Liberty which grows not without a Root planted in the Policy or Foundation of the Government ALEXANDER with a handful of Freemen overcame the greatest abundance of Horses Arms and other things necessary for the equipping of an Army the hugest Armys the most vast and populous Empire in the World and when he had don could not by all these subdue that handful of freer men tho he kill'd CLYTUS with his own hand in the quarrel to the servil Customs of that Empire And that the best military Disciplin deriv'd from the Policy of the Romans I intimated before and have shewn at large in other places BUT the Prevaricator neither minds
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
in Asia the scene of our present Discourse where the same PAUL of whom we are speaking being born at Tarsus a City oâ— Cilicia that had acquir'd like or greater Privilege by the same bounty was also a Citizen of Rome than in Greece Asia is understood in three significations First for the third part of the World answering to Europe and Africa Secondly for that part of Asia which is now call'd Natolia Thirdly for that part of it which ATTALUS King of Pergamum dying without Heirs bequeath'd and left to the People of Rome this contain'd Mysia Phrygia Aeolis Ionia Caria Doris Lydia Lycaonia Pisidia and by consequence the Citys wherof we are speaking To all these Countrys the Romans gave their Liberty till in favor of ARISTONICUS the Bastard of EUMENES many of them taking Arms they were recover'd brought into subjection and fram'd into a Province WHEN a Consul had conquer'd a Country and the Romans intended to form it into a Province it was the custom of the Senat to send decem Legatos ten of their Members who with the Consul had power to introduce and establish their provincial way of Government In this manner Asia was form'd by MARCUS AQUILLIUS Consul afterwards so excellently reform'd by SCAEVOLA that the Senat in their Edicts us'd to propose his example to succeding Magistrats and the Inhabitants to celebrat a Feast to his Name Nevertheless MITHRIDATES King of Pontus all the Romans in this Province being massacred in one day came to possess himself of it till it was recover'd at several times by SYLLA MURENA LUCULLUS and POMPEY The Romans in framing a Country into a Province were not accustom'd to deal with all the Inhabitants of the same in a like manner but differently according to their different merit Thus divers Citys in this were left free by SYLLA as those of the Ilienses the Chians Rhodians Lycians and Magnesians with the Cyzicens tho the last of these afterwards for their practices against the Romans forfeited their Liberty to TIBERIUS in whose Reign they were for this reason depriv'd of the same TAKING Asia in the first sense that is for one third part of the World the next Province of the Romans in this Country was Cilicia containing Pamphylia Isauria and Cilicia more peculiarly so call'd Here CICERO was somtimes Proconsul in honor to whom part of Book II Phrygia with Pisidia and Lycaonia were taken from the former and added to this Jurisdiction by which means the Citys wherof we are speaking came to be of this Province Adjoining hereto was the Commonwealth of the Lycians which the Romans left free into this also the City of Attalia by som is computed but Iconium both by STRABO â—â—ist and CICERO the latter wherof being Proconsul in his Journy from Laodicea was receiv'd by the Magistrats and Deputys of this City Lysâ—ra and Derbe being Citys of Lycaonia must also have bin of the same Province Next to the Province of Cilicia was that of Syria containing Comagene Seleucis Phoenicia Coelosyria and Judea or Palestin In Seleucis were the four famous Citys Seleucia Antiochia Apamea the last intire in her Liberty and Laodicea Comagene and Judea were under Kings and not fram'd into Provinces till in the time of the Emperors THE fourth Province of the Romans in Asia was that of Bithynia with Pontus these were all acquir'd or confirm'd by the Victorys of POMPEY the Great STRABO who was a Cappadocian born at Amasia relates a story worthy to â—e remember'd in this place From the time says he that the Romans having conquer'd ANTIOCHUS became Moderators of Asia they contracted Leagues of Amity with divers Nations where there were Kings the honor of address was defer'd to them with whom the Treatys that concern'd their Countrys were concluded But as concerning the Cappadocians they treated with the whole Nation for which cause the Royal Line of this Realm coming afterwards to fail the Romans gave the People their freedom or leave to live under their own Laws and when the People hereupon sending Embassadors to Rome renounc'd their Liberty being that to them which they said was intolerable and demanded a King the Romans amaz'd there should be men that could so far despair permitted them to chuse of their Nation whom they pleas'd so ARIOBARZANES was chosen whose Line again in the third Generation coming to fail ARCHELAUS was made King by ANTONY where you may observe in passing that the Romans impos'd not Monarchical Government but for that matter us'd to leave a People as they found them Thus at the same time they left PONTUS under King MITHRIDATES who not containing himself within his bounds but extending them afterwards as far as Colchis and Armenia the Less was reduc'd to his terms by POMPEY who devesting him of those Countrys which he had usurp'd distributed som part of them to such Princes as had assisted the Romans in that War and divided the rest into twelve Common-wealths of which added to Bithynia he made one Province When the Roman Emperors became Monarchs they also upon like occasions made other distributions constituting Kings Princes and Citys som more som less som wholly free and others in subjection to themselves Thus came a good if not the greater part of the Citys in the Lesser Asia and the other adjoining Provinces to be som more som less free but the most of them to remain Commonwealths or to be erected into popular Governments as appears yet clearer by the intercourse of PLINY while he was Pretor or Governor of Bithynia with his Master the Emperor TRAJAN a piece of which I have inserted in the Letters following PINY to TRAJAN Chap. 2 SIR Plin. Epist l. 10. IT is provided by POMPEY'S Laws for the Bithynians that no man under thirty years of Age be capable of Magistracy or of the Senat by the same it is also establish'd that they who have born Magistracy may be Senators Now because by a latter Edict of AUGUSTUS the lesser Magistracys may be born by such as are above one and twenty there remains with me these doubts whether he that being under thirty has born Magistracy may be elected by the Censors into the Senat and if he may whether of those also that have not born Magistracy a man being above one and twenty seeing at that age he may bear Magistracy may not by the same interpretation be elected into the Senat tho he has not born it which is here practis'd and pretended to be necessary because it is somwhat better they say that the Senat be fill'd with the Children of good Familys than with the lower sort My opinion being ask'd upon these points by the new Censors I thought such as being under thirty have born Magistracy both of POMPEY'S Laws and the Edict of AUGUSTUS to be capable of the Senat seeing the Edict allows a man under thirty to bear Magistracy and the Law a man that has born Magistracy to be a Senator But as to those that have
is nevertheless Phil. 1. shewn by POLLUX to have bin the peculiar Office of the Thesmothetae 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to chirotonize the Magistrats For as the Proedri were Presidents of the People in their Legislative Capacity so were the Thesmothetae upon occasion of Elections thus the Chirotonia L. 8. c. 8. of the Proedri or of the Thesmothetae signifys nothing else but the Chirotonia of the People by which they enacted all their Laws and elected all their Civil or Ecclesiastical Magistrats or Priests as the Rex Sacrificus and the Orgeones except som by the Lot which Ordination as is observ'd by ARISTOTLE is equally popular This whether ignorantly or wilfully unregarded has bin as will be seen hereafter the cause of great absurdity for who sees not that to put the Chirotonia or Soverain Power of Athens upon the Proedri or the Thesmothetae is to make such a thing of that Government as can no wise be understood Book II WHAT the People had past by their Chirotonia was call'd Psephisma an Act or Law And because in the Nomothetae there were always two Laws put together to the Vote that is to say the old one and that which was offer'd in the room of it they that were for the old Law were said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to pronounce in the Negative and they that were for the new 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to pronounce for the Affirmative THESE Laws these Propositions or this frame of Government having bin propos'd first by SOLON and then ratify'd or establish'd by the Chirotonia of the Athenian People ARISTOTLE says of him 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that he instituted or constituted the popular Government which Constitution implys not any Power in SOLON who absolutely refus'd to be a King and therfore the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as to him implys no more than Authority I have shew'd you the Words in controversy and the Things together in the Mint now whether they that as to Athens introduc'd them both understood either I leave my Reader by comparing them to judg IT is true that the Things exprest by these Words have bin in som Commonwealths more in others less antient than the Greec Language but this hinders not the Greecs to apply the Words to the like Constitutions or Things wherever they find them as by following HALICARNASSAEUS I shall exemplify in Rome Lib. 2. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ROMULUS when he had distributed the People into Tribes and Parishes proceded to ordain the Senat in this manner the Tribes were three and the Parishes thirty out of every Tribe he elected three Senators and out of every Parish three more all by the Suffrage of the People These therfore came to ninety nine chosen by the Chirotonia to which he added one more not chosen by the Chirotonia but by himself only Which Election we may therfore say was made by the Chirothesia for as in this Chapter I am shewing that the Chirotonia is Election by the Many so in the next I shall shew that the Chirothesia is Election by One or by the Few But to keep to the matter in hand the Magistrat thus chosen by ROMULUS was praefectus urbi the Protector of the Commonwealth or he who when the King was out of the Nation or the City as upon occasion of war had the exercise of Royal Power at home In like manner with the Civil Magistracy were the Priests created tho som of them not so antiently for the Pontifex Maximus the Rex Sacrificus and the Flamens were all ordain'd by the Suffrage of the People Pontifex Tributis Rex Centuriatis Flamines Curiatis the latter of which being no more than Parish Priests had no other Ordination than by their Parishes All the Laws and all the Magistrats in Rome even the Kings themselves were according to the Orders of this Commonwealth to be created by the Chirotonia of the People which nevertheless is by APPIAN somtimes call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Chirotonia of the Tribuns whether these Magistrats were Presidents of the Assemblys of the People or elected by them Sic Romani Historici non raro loquuntur Consulem Calv. Inst l. 4. cap. 3. â— 15. qui comitia habuerit creasse novos Magistratus non aliam ob causam nisi quia suffragia receperit Populum moderatus est in eligendo WHAT past the Chirotonia of the People by the Greecs is call'd Dion Hal. l. 8. Psephisma 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 When the Congregation of the People was to be dismist MARCUS standing up said Your Psephisma Chap. 3 that is your Act is exceding good c. THIS Policy for the greater part is that which ROMULUS as was shewn is said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to have instituted or ordain'd tho it be plain that he ordain'd it no otherwise than by the Chirotonia of the People THUS you have another example of the three words in controversy Chirotonia 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Psephisma still apply'd in the same sense and to the same things Have I not also discover'd already the original Right of Ordination whether in civil or religious Orders This will be scandalous How derive Ordination as it is in the Church of CHRIST or as it was in the Church of the Jews from the Religion or rather Superstition of the Heathens I meddle not with their Religion nor yet with their Superstition but with their Ordination which was neither but a part of their Policy And why is not Ordination in the Church or Commonwealth of CHRIST as well a political thing as it was in the Churches or Commonwealths of the Jews or of the Heathens Why is not Election of Officers in the Church as well a political thing as Election of Officers in the State and why may not this be as lawfully perform'd by the Chirotonia in the one as in the other Philo de Inst Princ. THAT MOSES introduc'd the Chirotonia is expresly said by PHILO tho he opposes it to the Ballot in which I believe he is mistaken as not seeing that the Ballot including the Suffrage of the People by that means came as properly under the denomination of the Chirotonia as the Suffrage of the Roman People which tho it were given by the Tablet is so call'd by Greec Authors All Ordination of Magistrats as of the Senators or Elders of the Sanhedrim of the Judges or Elders of inferior Courts of the Judg or Suâ—fes of Israel of the King of the Priests of the Levits whether with the Ballot or viva voce was perform'd by the Chirotonia or Suffrage of the People In this especially if you admit the Authority of the Jewish Lawyers and Divines call'd the Talmudists the Scripture will be clear but their Names are hard wherfore not to make my Discourse more rough than I need I shall here set them together The Authors or Writings I use by way of Paraphrase upon the Scripture are the Gemara Babylonia Midbar Rabba Sepher
drawn departed but he to whose name a Prize was drawn or given forth became a Magistrat THEY who had thus gain'd Magistracy were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by this Psephisma decreed to be together of the number of the seventy Elders But wheras in the Urn of Magistracys there were two Blanks two that had bin written Competitors must of necessity have fail'd of Magistracy So ELDAD and MEDAD being of them that were Numb 11. 26 written Competitors by the Tribes yet went not up to the Tabernacle that is attain'd not to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 numbred among the seventy who were to sit in the Court of the Tabernacle as afterwards they did in the Pavement or stone-Chamber in the Court of the Temple IN this place I shall mind you but once more of the three Words in controversy MOSES the Legislator 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 constituted the People chirotoniz'd and that which they had chirotòniz'd was Psephisma their Decree THERE be in these times that are coif'd with such Opinions that to shew Scripture to be Reason is to make it lose weight with them and to talk of the Talmudists is to profane it Of these I shall only desire to know how they understand that place of ELDAD and MEDAD for if they can no otherwise make sense of it than as Book II I have don it is a sufficient proof letting the Talmudists go of all that I have said What therfore has the Hierarchy and the Presbytery for their opinion that the Sanhedrim was instituted by the Chirothesia or Imposition of Hands THERE is in the Old Testament no mention of laying on of Hands by way of Ordination or Election but only by MOSES in the designation of JOSHUA for his Successor and in this MOSES did first as ROMULUS afterwards in the Election of the Prefect or Protector of Rome but upon a far greater exigence for the Common-wealth of Rome when ROMULUS did the like was seated or planted but the Commonwealth of Israel when MOSES did this was neither seated nor planted nor indeed a Commonwealth but an Army design'd to be a Commonwealth Now between the Government that is necessary to an Army and that which is necessary to a Common-wealth there is a vast difference The Government even of the Armys of Rome when she was a Commonwealth was nevertheless Monarchical in this regard MOSES himself exercis'd a kind of Dictatorian Power for his life and the Commonwealth being not yet planted nor having any Balance wherupon to weigh her self must either have bin left at his death to the care of som Man whom he knew best able to lay her Foundation or to extreme hazard Wherfore this Ordination which was but accidental regarding the present military condition of the People MOSES most prudently distinguishes from the other in that he shew'd them how they should manage their Commonwealth in this he bequeaths them the Man whom he thinks the most likely to bring them to be a Commonwealth of which judgment and undertaking of MOSES JOSHUA the next illustrious Example most worthily acquitted himself THERE is in these Elections another remarkable passage but such a one as being so far from political that it is supernatural dos not properly appertain to this discourse and so I shall but point at it When the Elders thus chosen were set round about the Tabernacle Numb 11. 24 25. the Lord came down in a cloud and took of the spirit of MOSES and gave it unto the seventy Elders and it came to pass that when the Spirit rested upon them they prophesy'd and did not cease So JOSHUA Deut. 34. 9. ◠Tim. 1. 6. was full of the spirit of Wisdom for MOSES had laid his hands upon him And PAUL minds TIMOTHY Stir up the gift of God which is in thee by the laying on of my hands But the Talmudists themselves do not pretend that their Ordination was further accompany'd with supernatural indowments than the first Institution and if Divines were as ingenuous no less might be acknowleg'd of theirs MOSES was a Prophet the like to whom has not bin in Israel and has there bin an Apostle like PAUL in the Christian Church Every body cannot do Miracles we see they can't Take heed how you deny Sense for then bread may be flesh If we be not to make choice of a political Institution without a miraculous test or recommendation either Ordination was at first accompany'd with supernatural Gifts and from thenceforth as I conceive neither Divines methinks as such should not be so much concern'd in the Ordination of the Sanhedrim or of JOSHUA who were Magistrats as the People or the Magistrat yet if these should hence infer that their Election Ordination or Designation of persons confer'd supernatural Gifts Divines would hardly allow of it and why are the People or the Magistrat oblig'd to allow more to that of a Clergy To return Chap. 3 SUCH as I have shewn was the Ordination of the Senat or great Sanhedrim that of the lesser Sanhedrim or inferior Courts was of like nature for it follows I took the chief of your Tribes wise men and Deut. 1. 15. known 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and made them Heads over you Captains of thousands and Captains of hundreds c. which were other Magistrats than according to our custom we should readily expect to be intimated by such words for they were the Judges of the inferior Courts those that sat in the gates of each City and others that appertain'd to the Villages as in the next Verse And I charg'd your Judges at that Ver. 10. time saying Hear the Causes and judg righteously THE next Magistrat whose Election coms to be consider'd is the Dictator or Judg of Israel Where it is said of this People that the Lord rais'd them up Judges which deliver'd them out of the hands of Judg. 2. 16. De Rep. Heb. those that spoil'd them it is to be understood says SIGONIUS that God put it into the mind of the People to elect such Magistrats or Captains over them For example when the Children of Ammon made war against Israel God rais'd up JEPHTHA whose Election was after this manner The Elders went to fetch JEPHTHA out of the Land of Judges 11. Tob and when they had brought him to Mizpeh which in those days was the place where 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Congregation of Israel usually assembl'd the People made him Head and Captain over them Now that the Election of the King was as much in the Chirotonia of the People as that of the Judg is past all controversy seeing the Law speaking of the People says thus One from among thy Brethren shalt Deut. 17. 15. thou set King over thee and accordingly when the Government was chang'd to Monarchy it was not SAMUEL but the People that would have it so thus SAUL was chosen King by the Lot Where the contradiction of GROTIUS is remarkable who in this place
Chirothesia or Imposition of Hands but take heed of that Divines will not allow the Chirothesia to be an Act of the People but in this proceding the whole people acted in the Ordination of the Levits wherfore the Levits also were ordain'd by the Chirotonia Consent Vote or Suffrage of the whole People imply'd in this action But for the Ordination of Priests and Levits whatever it was it is not to the present purpose Divines deriving not theirs from Priests and Levits but from Dukes Generals and Magistrats from that of JOSHUA and of the Sanhedrim always provided that this were of the same nature with the former that is by the Chirothesia or Imposition of Hands and not by the Chirotonia of the People However the Ordination of the Exod. 29 Magistracy was certainly Political and so in this deduction they themselves confess that their Ordination also is a Political Constitution yet wheras MOSES is commanded by God to bring AARON and his Numb 8. Sons to the door of the Tabernacle of the Congregation and having wash'd them there to adorn them with the Priestly Robes with the Miter and to anoint them wheras he is commanded the Children of Israel having first laid their Hands upon the Levits to cleanse them and offer them for an Offering Divines of the Hierarchy and the Presbytery tho it be otherwise with WALLAEUS and such as acknowlege Popular Government give the Congregation or Consent of the People for nothing and put the whole Ordination of the Priests and Levits upon the washing and cleansing or other Ceremonys of Consecration as if to put the Ordination of SAUL upon the Ceremony of anointing by SAMUEL tho perform'd by the immediat Command of God were not absolutely contradictory to Scripture and to the known Law of Israel which speaking of the People expresly says One from among thy Brethren shalt thou set King over thee Book II upon which place says PHILO Most wise MOSES never intended that Philo de inst principiis the Royal Dignity should be acquir'd by lot but chose rather that the Kings should be elected by the Chirotonia or Suffrage of the whole People The Congregations of the People assembl'd upon this as upon other public affairs and requir'd a sign or confirmation from God forasmuch as by his will Man is to the rest of Nature what the Face is to the Body Wherto agrees that of the Heathens Os homini sublime dedit Coelumque tueri jussit and their Divinations upon the like occasions by Intrals none of which were ever understood as destructive of the liberty of the People or of the freedom of their Chirotonia WHERE SOLOMON is made King and ZADOCK Priest by the People tho the Ceremony of anointing was doubtless perform'd and perhaps by the Prophet NATHAN it is wholly omitted in the place as not worth the speaking of The opinion that the Ordination of the Priests and Levits lay in the Ceremonys of their Consecration is every whit as sober and agreable to reason as if a man should hold the Kings of England to have bin made by the Unction of the Bishops Israel from the institution of MOSES to the Monarchy was a Democracy or Popular Government in Popular Government the Consent of the People is the Power of the People and both the Priests and Levits were ordain'd by the Consent of the People of Israel TO bring these things to the Citys in the perambulation of the Apostles which by the former Chapter I have prov'd to have bin Ditm. c. 10. Popular Governments it is acknowleg'd by GROTIUS to the Citys of Asia not only that they us'd the Chirotonia but in the strictest sense of the word that is to give their Suffrage by the holding up of Hands And that they had the liberty of their Religion the choice of their Magistrats both Civil and Ecclesiastical in their Ecclesi◠or Congregations has bin also undeniably evidenc'd whence it must needs follow that there were Citys in Asia 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 chirotonizing or ordaining them Elders that is Magistrats and Priests in every Congregation with Reverence be it spoken long before CHRIST was in the flesh or the Apostles any of them were born Wherfore to sum up what in this Chapter I conceive to be sufficiently prov'd I may boldly conclude That the Chirotonia derives from popular Constitution and that there was a way of Ordination by the Chirotonia CHAP. IV. The deduction of the Chirothesia from Monarchical or Aristocratical Government and of the second way of Ordination from the Chirothesia In which is contain'd the Commonwealth of the Jews as it stood after the Captivity WHAT pleases the Prince says JUSTINIAN has the force of a Law seeing the People in his Creation have devolv'd their whole Power upon his Person which is with the most But when Popular Government is chang'd into Monarchical either the whole Power of the People or a great part of it must of necessity accrue to the King Hence says SAMUEL he will appoint him Captains over Thousands Chap. 4 and Captains over Fiftys in which words perhaps is intimated the Judges of the inferior Courts or Jethronian Prefectures so that hereby 1 Sam. 8. 12. SAMUEL tells the People they shall no more have the Election of their Rulers but the King will have it who it may be chang'd the nature of som of these Magistracys or added others for when DAVID came to reign over all Israel JOAB was over the Host his 2 Sam. 8. 15. Strategus or General JEHOSHAPHAT was Recorder ZADOC and ABIMELEC were the Priests SERAIAH was the Scribe and BENAIAH was over the Pelethits and the Cherethits that is was Captain of his Regiments of Guard call'd perhaps by these names as those of ROMULUS were call'd Celeres But it should seem that few or none of these Officers were elected by the Chirotonia that is by the People but by the Prince which kind of Election as will be shewn anon may be call'd Chirothesia For the deduction of this kind of Ordination or Election we shall do well to hearken first to Dr. HAMMOND who in his Query or Discourse concerning Ordination §. 10. by the Imposition of Hands puts it thus To lift up the Hands was a Ceremony in Prayer and accordingly to lay hands on any differing Exod. 17. 11. no otherwise from lifting up than by the determining that Action to a peculiar Object the Person that was pray'd for was generally among the Jews a Ceremony of benediction us'd first by the Father to the Children in bestowing the Blessing upon them and with that the succession to som part of his Estate or Inheritance as appears in JACOB'S blessing the Children of JOSEPH he stretch'd out his right hand and laid it upon EPHRAIM'S Gen. 48. 14. head and his left hand on MANASSES and so he bless'd c. From thence it was accommodated among them to the communicating of any part of Power to others
as assistants or to the deriving of any successive Office from one to another Thus when MOSES had from Heaven receiv'd and long us'd his Commission to be under God the Ruler of the People the seventy Elders were by God's appointment assum'd to assist him Numb 11. 17. it being certain from the Jewish Writings tho the sacred Scripture has no occasion to mention it that the succession of the seventy Elders under the name of Sanhedrim or Council was continu'd thro all Ages by their creating others in the place of those that dy'd by this Ceremony of Imposition of Hands To this purpose are the clear words of MAIMONIDES Tit. Sanhed c. 4. MOSES our Master created the seventy Elders by Imposition of hands and the Divine Majesty rested on them and those Elders impos'd Hands on others and others on others c. So a little before the departure of MOSES out of this life when a Successor was to be provided for him God commands him to take JOSHUA and lay his hands upon Numb 27. 18 23. him And MOSES laid his hands upon him and gave him a Charge as the Lord commanded by the hand of MOSES that is deriv'd to him by this Ceremony the Authority which himself had and constituted him his Successor in that Government And so it is repeated JOSHUA Deut. 34. 9. was full of the spirit of Wisdom for MOSES had laid his Hands upon him THIS is the Doctor 's deduction of the Chirothesia or Ordination by the laying on of Hands from the Commonwealth of Israel and says he from the three Vses of this Ceremony there that is first in praying for another secondly in paternal benediction thirdly in creating Successors in power either in whole or in part derive three sorts of things in the New Testament to which this Ceremony of laying on of Hands is Book II accommodated That of Prayer simply taken was of two sorts either for the cure of Diseases or pardoning of Sins For Diseases They shall Mar. 16. 18. lay hands on the sick and they shall recover For Sins they were don away also by this Ceremony in the absolution of Penitents to which belongs 1 Tim. 5. 22. that Exhortation of PAUL to TIMOTHY Lay hands suddenly on no man that is not without due examination and proof of his Penitence lest thou be partaker of other mens Sins From the second that of Paternal Mar. 10. 16. Benediction was borrow'd first that of blessing Infants with the Ceremony of Imposition of Hands as it differ'd from Baptism And secondly that of confirming those of fuller age that had bin formerly baptiz'd Lastly to the creating Successors in any Power or communicating any part of Power to others as to Assistants is answerable that Imposition of Hands in Ordination so often mention'd in the New Testament somtimes in Acts 6. 6. the lower degree as in the ordaining of Deacons elswhere in the highest degree setting Governors over particular Churches as generally when by that laying on of Hands it is said they receiv'd the Holy Ghost wheras the Holy Ghost contains all the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 requir'd to the pastoral Luke 24. 49. Function and so signifys Power from on high the Authority and Function it self so it be given by Imposition of Hands makes the parallel exact between this of Christian Ordination and that observ'd in the creating Successors in the Jewish Sanhedrim So far the Doctor Deut. 1. NOW say I if the Scripture be silent as to the Ordination of the Elders in Israel what means that place Take ye wise men and understanding and known among your Tribes and I will make them Rulers over Numb 11. you Once in their lives let them give us the sense of it or of that other where ELDAD and MEDAD are of those that were written and yet went not up to the Tabernacle Otherwise that we hear no more of these is from the silence of Divines and not of the Scripture But if the Scripture be not silent in this point is there not a great deal of fancy in going on to cure the Sick to pardon Sins to bless Infants confirm the Baptiz'd ordain Ministers nay give the Holy Ghost and all the Graces belonging to the pastoral Function from a place that has no such thing in it for if the Sanhedrim according to Scripture were not ordain'd by the Chirothesia there is no such thing to be deriv'd by the Chirothesia from the Sanhedrim The first Chirotonia indeed of the Sanhedrim was accompany'd with miraculous indowments wherfore if they will derive these Gifts and Graces from the Sanhedrim why are they sworn Enemies to the Chirotonia Again the Sanhedrim was a Civil Court or Senat wherfore then by this Title should not these Gifts and Graces be rather pretended to by the Civil Magistrat than by Divines what becoms of the Priest AARON and his Lots is he left to the Civil Magistrat while Divines derive themselves from General JOSHUA and his Chirothesia But if the Sanhedrim and inferior Judicatorys were otherwise ordain'd originally then no Magistrat in Israel was originally ordain'd by the Chirothesia but only JOSHUA It is admirable that Divines should look upon God as if in the institution of a Commonwealth he had no regard at all to human Prudence but was altogether fix'd upon their vain advantages Who made human Prudence or to what end was it made Any man that understands the Politics and considers that God was now proceding according to this Art as in his constitution of the Senat and of the People or Congregation is most obvious must needs see that this Power he indulg'd to MOSES of making his own choice of one man could not possibly be intended as a permanent Constitution Chap. 4 for wheras he intended Popular Government nothing is plainer than that a People not electing their own Magistrats can have no Popular Government How absurd is it to conceive that God having already made an express Law that the People if at any time they came under Monarchy should yet have the election of their King would now make a Law that the People being under a Commonwealth should no longer have the election of their Magistrats For who sees not that to introduce the Chirothesia as a standing Ordinance had bin to bar the People of this power Israel at this time tho design'd for a Common-wealth had no Land no foundation to balance her self upon but was an Army in a Wilderness incompass'd about with Enemys To permit to the People in this case the choice of all their Civil Magistrats was nevertheless safe enough nay best of all for at the election of wise men and understanding and known among their Tribes so far as was needful to civil administration their skill must needs have bin at any time sufficient but the Commonwealth was yet in absolute necessity of a Protector and of Dictatorian Power Now to know who was fittest in this case
THEODOSIUS VALENTINIAN and CHARLES the Great than Royal Election there is nothing safer Upon the heels of these Words treads Dr. HAMMOND in this manner §. 104 That Election and Ordination are several things is sufficiently known to every man that measures the nature of Words either by usage or Dictionarys only for the convincing of such as think not themselves oblig'd to the observation of so vulgar Laws I shall propose these evidences In the Story of the Creation of the Deacons of Jerusalem there are two Acts 6. things distinctly set down one propos'd to the multitude of Disciples to be don by them another reserv'd to the Apostles that which was propos'd to the Multitude was to elect c. Election of the Persons was by the Apostles permitted to them but still the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 constituting is reserv'd to the Apostles Then coms Dr. SEAMAN Be it granted as it Of Ordinat p. 13. is by Protestants generally that PAUL and BARNABAS made Elders with the consent of the People their Consent is one thing and their Power another WHERE in the first place I for my particular who have had the Books of Dr. HAMMOND and Dr. SEAMAN sent to me by way of Objection need not go a step further All that I have inserted in my Oceana concerning Ordination is in these three Votes acknowledg'd and confirm'd For the Probationer to be there sent by a University to a Cure that is vacant may by a Doctor or the Doctors of the same University already ordain'd receive Imposition of Hands if that be thought fit to be added and then the Election of the same Probationer by the People dos no hurt nay says GROTIUS is of De Imp. c. 10 the right of Nature for it is naturally permitted to every Congregation to procure those things which are necessary to their conservation of which number is the Application of Function So Merchants have the right of electing of a Master of their Ship Travellers of a Guide in their way and a free People of their King The Merchant it seems dos not make the Master of his Ship the Traveller his Guide nor the free People their King but elect them As if VAN TRUMP had bin Admiral a Robber upon the Highway had bin a Scout or the Guide of an Army or SAUL a King before they were elected The point is very nice which instead of proving he illustrats in the beginning of the same Chapter by these three similitudes THE first is this The Power of the Husband is from God the Application of this Power to a certain Person is from consent by which nevertheless the right is not given for if this were by consent the Matrimony might be dissolv'd by consent which cannot be As if an apparent retraction of Matrimonial Consent as when a Wife consents to another than her own Husband or commits Adultery did not deliver a man from the bond of Marriage by the Judgments of CHRIST There is an imperfection or cruelty in those Laws which make Marriage to Book II last longer than a man in humanity may be judg'd to be a Husband or a Woman a Wife To think that Religion destroys Humanity or to think that there is any defending of that by Religion which will not hold in Justice or natural Equity is a vast error THE second Similitude is this Imperial Power is not in the Princes that are Electors of the Empire wherfore it is not given by them but applied by them to a certain Person 1 Pet. 2. 13. THIS is answer'd by PETER where he commands Obedience to every Ordinance of Man or as som nearer the Original every Power created by men whether it be to the Roman Emperor as Supreme or to the Proconsuls of Asia and Phrygia as sent by him for this is the sense of the Greec and thus it is interpreted by GROTIUS Now if the then Roman Emperor were a Creature of Man why not the now Roman Emperor THE last Similitude runs thus The Power of Life and Death is not in the Multitude before they be a Commonwealth for no privat Man has the right of Revenge yet it is appli'd by them to som Man or Political Body of Men. But if a man invades the Life of another that other whether under Laws or not under Laws has the right to defend his own Life even by taking away that if there be no other probable Remedy of the Invader So that men are so far from having bin voâ—d of the power of Life and Death before they came under Laws that Laws can never be so made as wholly to deprive them of it after they com under them wherfore the power of Life and Death is deriv'd by the Magistrat from and confer'd upon him by the consent or Chirotonia of the People wherof he is but a mere Creature that is to say an Ordinance of Man THUS these Candles being so far from lighting the House that they dy in the Socket GROTIUS has bin no less bountiful than to grant us that the People have as much right where there is no human Creature or Law to the contrary to elect their Churchmen as Merchants have to elect their Seamen Travellers their Guides or a free People their King which is enough a conscience Nor is Dr. HAMMOND straiter handed Election says he was permitted by the Apostles to the Multitude and therfore the same may be allow'd always provided the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 constituting be reserv'd to the Pastors or ordain'd Doctors and Preachers And Dr. SEAMAN upon condition the People will not say that it was don by their power but think it fair that it was don by their consent is also very well contented So all stands streight with what I have heretofore propos'd Let no man then say whatever follows that I drive at any Ends or Interests these being already fully obtain'd and granted nevertheless for truth sake I cannot leave this Discourse imperfect If a Politician should say that the Election and the Ordination of a Roman Consul or Pontifex were not of like nature that the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Contract of the Senat of Rome with the People in the Livy Election of NUMA ut cum populus regem jussisset id sic ratum esset si patres autores fierent included or impli'd the Soverain power to be in the Fathers that the Consent of this People was one thing and their Power another if I say he should affirm these or the like in Athens Lacedemon or any other Commonwealth that is or has bin under the Sun there would be nothing under the Sun more ridiculous than that Politician But should men pretending to Government of any kind be not oblig'd to som consideration of these Rules in Nature Chap. 5 and universal Experience yet I wonder how the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to constitute with which they make such a flourish did not lead them otherwise than they follow
forechirotoniz'd by God as if it were clear in this that God ordain'd the Apostles by the laying on of Hands for so it must be understood or it makes no more for them than for us Or if they mean it only to shew that the word Chirotonia or Suffrage is us'd for som Ordination that cannot be taken in our sense so the word Chirothesia 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or laying on of Hands where ANANIAS being neither Bishop nor Presbyter but only a Disciple that is a Christian lays his hands upon PAUL is us'd for som Ordination that cannot be taken in their sense or a man not ordain'd may ordain as well as they for to say that the Call was extraordinary where the like is or is pretended will avail little But there is no need that we should go so near the wind wherfore to give them all these places in their own sense even till we com to the Citys in question What word in any Language is not somtimes nay frequently us'd in som other than the proper sense With what elegance if this be forbidden can any Chap. 5 man write or speak Is a word like a Woman that being taken with a Metaphor it can never be restor'd to the Original Virtue If Chirotonia has as Divines pretend lost all other but their signification how shall we understand it in Isaiah or where PAUL speaks it of the Brother 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 chirotoniz'd or chosen by 2 Cor. 8. 19 the Churches Certainly in this one place at least it is of our sense and in the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 it is but once yet in all the New Testament of any other so that if we gain the place in controversy we have it twice of our sense in Scripture for once not in theirs but in any other and in human Authors they will not so much as pretend to have it once for them of a hundred times for us which is pretty well for the vindication of the property of one word and somwhat more perhaps than can be don for another But in the sense of words that are somtimes properly and somtimes improperly taken may we admit of the things wherof they are spoken for Interpreters Or if Lillys and Roses have bin almost as often said of Ladys Cheeks must we understand them no otherwise when we are speaking of Gardens YES says Dr. HAMMOND and therfore to say of the Apostles PAUL and BARNABAS that they created Elders by their own Suffrages is no more than to say that they jointly did create and indeed being but two there could be no place for Suffrages and to affirm they did it by the Suffrages of others is not agreable to the pretended use of the word for where it is us'd of chusing by Suffrages as when the People are said to chirotonize it is certain that their own and not others Suffrages are meant by it His own words to Mr. Hobbs §. 118. IT were hardly possible to have contriv'd a greater number of Affirmations in so small a compass nor to have gon farther in them from all truth Phrases as words are to be understood according to the Rule and Law of Speech which is Use and thus that the Apostles created Elders by their own Suffrage is not said that they did it by the Suffrage of others is necessarily imply'd as also that the People are understood to chirotonize as well when it is said of the Presidents of their Assemblys as of themselves Diruit aedificat mutat quadrata rotundis WHEN a man is said to build a House or marry a Daughter he is not understood to be the Mason or the Bridegroom but the Apostles built Churches in these Citys therfore the People were not the Masons The Apostles marry'd CHRIST to these Nations therfore the People gave not their Consent or Suffrage what a Construction were this in ordinary discourse or writing and yet in the Language as I may say of a Commonwealth the Phrase is more usual How often dos DEMOSTHENES speak of his Laws see my Psephisma De Coron peruse my Law and those of other privat men after which Copy the Parté or Laws in the Commonwealth of Venice are call'd by the names of the Proposers as were those of Rome Rupilia Cornelia Trebonia in which manner we have POYNING'S Law and som Statutes bearing no other Stile than Enacted by the King 's most Excellent Majesty which nevertheless are known to have bin all enacted by the Parlament Thus the Laws of MOSES RHADAMANTHUS Book II MINOS LYCURGUS SOLON ROMULUS King EDWARD were leges consuetudines quas vulgus elegerit such as the People had confirm'd or chosen by their Chirotonia But they may say granting you this use of speech in relation to Laws what have you of this kind for Elections The Exception is nice but to leave none THE High Sherifs in England proposing to their Countys the Names of such as stand are said to elect Parlament-men They that thus propose Competitors to the Great Council in Venice are call'd Electors and said to elect the Magistrats The Proedri certain Magistrats to whom it belong'd to put the Question in the Representative of the People of Athens consisting of one thousand were said Demost cont Timocrat 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to give or make the Suffrage The Thesmothetae who were Presidents at the creation of Magistrats were said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Pol. l. 8. c. 8. to chirotonize the Generals JOSEPHUS renders those words of God to SAMUEL Hearken to the Voice of the People 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ant. l. 6. c. 4. I command thee to chirotonize them a King which Authors vindicating LUKE for his understanding both of the Grecian Customs and property of Speech at each of which he was expert com up to the full and genuin interpretation of the place in controversy where PAUL and BARNABAS 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 chirotonizing them Elders in every Congregation can be no otherwise understood than that they here as MOSES at the institution of the Sanhedrim SAMUEL at the Election of the King the Proedri at the passing of Laws the Thesmothetae at the creation of Magistrats the Electors in the great Council of Venice and the High Sherifs in the Countys of England were no more than Presidents of that Chirotonia which was given or made by the Suffrage of the People WHERFORE the Greec is thus render'd by these several Translations of the Bible That of Zurich WHEN they had created them Elders by Suffrages in every Congregation That of Beza WHEN they had created them Elders by Suffrages in every Congregation The French WHEN by the advice of the Assemblys they had establish'd Elders The Italian WHEN by the advice of the Congregation they had constituted them Elders That of Diodati WHEN they had ordain'd them in every Church by the common votes of the Elders That appointed by the Synod of Dort WHEN in each Church by the
the detection of ACHAN The words of the Law wherby the Fact of ACHAN was criminal are these If thou shalt hear say in one of thy Citys which the Lord thy God has given thee to dwell therin saying Certain men the Children of Belial are gon out from among you and have withdrawn the Inhabitants of their City saying Let us go and serve other Gods which you have not known then shalt thou inquire and make search and ask diligently and behold if it be truth and the thing certain that such Abomination is wrought among you thou shalt surely smite the Inhabitants of that City with the edg of the Sword destroying it utterly and all that is therin and the Cattel therof with the edg of the Sword And thou shalt gather all the spoil of it into the midst of the street therof and shalt burn with fire the City and all the spoil therof every whit for the Lord thy God and it shall be a heap for ever it shall not be built again and there shall cleave nought of the accurs'd thing to thy hand Among the Citys that were given by God to Israel was Jericho Now tho against this City before it was taken JOSHUA had solemnly Josh 6. 17. and publicly denounc'd the Anathema or Curses contain'd in the foregoing Law and after the taking of it had in all appearance executed upon it the whole of the Anathema so pronounc'd yet thro subsequent losses before the City of Ai being sore afflicted he enter'd into suspicion that there might have bin som failure in the performance Book II of the Law Wherupon he rent his Clothes and fell to the Josh 7. 6. Earth upon his face before the Ark of the Lord till the eventide he and the Elders or Sanhedrim of Israel and put dust on their heads The Sanhedrim in difficult cases of the Law inquir'd of God by Vrim and the Sanhedrim or the People in cases of high concernment to the State as in the War against BENJAMIN inquir'd of the Ark. When God was inquir'd of by Vrim he gave his Oracle by the shining of certain Stones or Jewels in the Breastplate of the High Priest When he was inquir'd of by the Ark he gave his Oracle vocally from the Mercy seat which was plac'd upon the Ark of the Covenant Whence he who sat between the Cherubims thus answer'd JOSHUA Josh 7. 10. Get thee up wherfore liest thou thus upon thy face Israel has sinn'd they have even taken of the accurs'd thing JOSHUA thus inform'd of the Crime but not so particularly of the Malefactor as to know Josh 7. 17. where to charge it calls the whole People to the Urns in one of which it may be thought that there were eleven white Stones or Lots with one black one and in the other the twelve Names of the Tribes So Israel coming first by Tribes to the Urns the Tribe of JUDAH was taken that is this Tribe lighting upon the black Lot was denoted for the Guilty Tribe Which consisting as appear'd by the Catalog of five Familys wherof the Zarhits were one came next by Familys to the Urn wherin there might be four white Lots and one black one by which the Zarhits were taken In like manner came the Family of the Zarhits by Housholds and the Houshold of ZABDI was taken Last of all came the Houshold of ZABDI man by man and ACHAN was taken This kind of Inquisition was perform'd with such Religion and Solemnity that a man thus taken if he had any guilt could have no face to conceal it or if there were any Witnesses of his Crime they could not any longer dissemble it and whether he were convicted by testimony or by his own confession as now ACHAN he was put to death The like proceding in part 1 Sam. 14. is imply'd to have bin in the case of JONATHAN tho in this by agreement therupon between SAUL and the People it should seem as if but two Lots were put into the Urn wherof SAUL and JONATHAN on the one part drew the black Or the Prince of the Tribe of JUDAH drawing for the whole People on the other part drew the white one and that the same being put into the Urn again to decide it between SAUL and JONATHAN JONATHAN drew the black wherupon he being question'd confess'd the fact and but that the People rescu'd him from SAUL had bin put to death Sect. 12 Distribution of Lands and Agrarian Laws in Israel TO conclude with the use of the Lot in the division of the Land of Canaan This as implying the Foundation or Balance of the Government ought to have bin the first in order but happens here to com last because these Orders were instituted in the Wilderness and so before the People had any Lands to divide Nevertheless this also was propos'd by MOSES and resolv'd by the People By lot was their Josh 14. 2. Inheritance as the Lord commanded MOSES and now coms as it was or should have bin put in execution by JOSHUA to be consider'd IT may be true that the Roman People were the wisest that have bin and it is true that they only of a People did labor to introduce Agrarian Laws tho without effect Otherwise Levelling was never introduc'd but by the wisdom and providence of som great Man as a MOSES a JOSHUA or a LYCURGUS or by som accident or Chap. 2 accidents bringing a Nobility to ruin as the Laws of HENRY VII and the ways of HENRY VIII in England Num. 1. 46. Num. 26. 51. BETWEEN the Muster Roll in Sinai wherby the men of military age as was shewn amounted to six hundred and three thousand five hundred and fifty in the twelve Tribes and the Law for the division of the Land of Canaan there happen'd a Plague by which the number of the People upon a new Poll came but to six hundred and one thousand seven hundred and thirty Upon this Poll was the Law made which runs thus To these the Land shall be divided for an Inheritance V. 53 54 55 56. according to the number of names To many thou shalt give the more Inheritance and to fewer thou shalt give the less inheritance To every one shall his Inheritance be given according to those that were number'd of him Notwithstanding the Land shall be divided by lot according to the names of the Tribes of their Fathers they shall inherit according to the lot shall the possession therof be divided to many and few This Law in another place is repeated thus You shall divide the Num. 33. 54. Land by lot for an inheritance among your Familys and to many ye shall give the more Inheritance and to the fewer ye shall give the less Inheritance Every man's inheritance shall be in the place where his Lot falls according to the Tribes of your Fathers ye shall inherit IN the making of these Lots consideration was as well had of the goodness
a People that they should overcom the like difficultys by reason wherof the wisest Nations finding themselves under the necessity of a change or of a new Government induc'd by such offers as promis'd fair or against which they could find no exceptions have usually acted as men do by new Clothes that is put them on that if they be not exactly fit at first they may either fit themselves to the body in wearing or therby more plainly shew wherin they can be mended even by such as would otherwise prove but bad workmen Nor has any such offer bin thought to have more Presumtion much less Treason in it than if one conscious of his skill in Architecture should offer himself to the Prince or State to build a more convenient Parlament house England is now in such a condition that he who may be truly said to give her Law shall never govern her and he who will govern her shall never give her Law Yet som will have it that to assert Popular Power is to sow the seed of Civil War and object against a Commonwealth as not to be introduc'd but by Arms which by the undeniable testimony of later Experience is of all other Objections the most extravagant for if the good old Cause against the desire even of the Army and of all men well affected to their Country could be trod under foot without blood what more certain demonstration can there be that let the deliberations upon or changes of Government be of what kind soever which shall please a Parlament there is no appearance that they can occasion any Civil War Streams that are stop'd may urge their Banks but the course of England into a Commonwealth is both certain and natural The ways of Nature require Peace The ways of Peace require Obedience to the Laws Laws in England cannot be made but by Parlaments Parlaments in England are com to be mere popular Assemblys The Laws made by popular Assemblys tho for a time they may be aw'd or deceiv'd in the end must be popular Laws and the sum of popular Laws must amount to a Commonwealth The whole doubt or hazard of this Consequence remains upon one question Whether a single Council consisting but of four hundred indu'd both with Debate and Result the Keys of whose Doors are in the hands of ambitious men in the croud and confusion of whose Election the People are as careless as tumultuous and easy thro the want of good Orders to be deluded while the Clergy declar'd and inveterat Enemys of popular Power are laying about and sweating in the throng as if it were in the Vinyard upon whose Benches Lawyers being feather'd and arm'd like sharp and sudden Arrows with a privat interest pointblank against the Public may and frequently do swarm can indeed be call'd a popular Council This I confess may set the whole state of Liberty upon the cast of a Dy yet questionless it is more than odds on the behalf of a Commonwealth when a Government labors in frequent or long struggles not thro any certain biass of Genius or Nature that can be in such a Council but thro the impotence of such Conclusions as may go awry and the external force or state of Property now fully introduc'd whence such a Council may wander but never find any rest or settlement except only in that natural and proper Form of Government which is to be erected upon a mere Popular Foundation All other ways of proceding must be void as inevitably guilty of contradiction in the Superstructures to the Foundation which have amounted and may amount to the discouragement of honest men but with no other success than to imbroil or retard Business England being not capable of any other permanent Form than that only of a Common-wealth tho her supreme Council be so constituted that it may be Monarchically inclin'd This contradiction in the Frame is the frequent occasion of contradictory Expostulations and Questions How say they should we have a Commonwealth Which way is it possible that it should com in And how say I can we fail of a Commonwealth What possibility is there we should miss of it IF a man replys he answers thus No Army ever set up a Common-wealth To the contrary I instance the Army of Israel under MOSES that of Athens about the time of ALCIBIADES that of Rome upon the expulsion of the TARQUINS those of Switzerland and Holland But say they other Armys have not set up Commonwealths True indeed divers other Armys have not set up Commonwealths yet is not that any Argument why our Armys should not For in all Armys that have not set up Commonwealths either the Officers have had no Fortunes or Estates at all but immediatly dependent upon the mere Will of the Prince as the Turkish Armys and all those of the Eastern Countrys or the Officers have bin a Nobility commanding their own Tenants Certain it is That either of these Armys can set up nothing but Monarchy But our Officers hold not Estates of Noblemen able upon their own Lands to levy Regiments in which case they would take home their People to plow or make Hay nor are they yet so put to it for their Livelihood as to depend wholly upon a Prince in which case they would fall on robbing the People but have good honest Popular Estates to them and their Heirs for never Now an Army where the Estates of the Officers were of this kind in no reason can in no experience ever did set up Monarchy Ay but say they for all that their Pay to them is more considerable than their Estates But so much more must they be for a Commonwealth because the Parlament must pay and they have found by experience that the Pay of a Parlament is far better than that of a Prince But the four hundred being Monarchically inclin'd or running upon the Interest of those irreconcilable Enemys of Popular Power Divines and Lawyers will rather pay an Army for commanding or for supporting of a Prince than for obeying Which may be true as was acknowleg'd before in the way but in the end or at the long run for the reasons mention'd must be of no effect THESE Arguments are from the Cause now for an Argument to Sense and from the Effect If our Armys would raise Mony of themselves or which is all one would make a King why have they not made a King in so many Years Why did they not make one yesterday Why do they not to day Nay why have they ever bin why do they still continue to be of all others in this point the most averse and refractory BVT if the case be so with us that Nature runs wholly to a Common-wealth and we have no such Force as can withstand Nature why may we not as well have golden Dreams of what this Commonwealth may be as of the Indys of Flanders or of the Sound The Frame of a Commonwealth may be dreamt on or propos'd two
Commonwealth namely a Parlament and a Council in the interim For here is no interim but all the Councils of the Commonwealth not only remaining but remaining in the exercise of all their Functions without the abatement of any speed and secrecy belonging not to any of them but to that only of the Dictator And if this Dictatorian Council has more in it of a Commonwealth than has hitherto among us bin either practis'd or offer'd by what Argument can it be pretended that a Commonwealth is so imperfect thro the necessity of such an Order that it must needs borrow of Monarchy seeing every Monarchy that has any Senat Assembly or Council in it therby most apparently borrows more of a Commonwealth than there is to be found of Monarchy in this Council The fifth Parallel TO dimiss this whole Senat with one Parallel The institution of the seventy Elders in Israel as was shewn in the second Book for their number related to an Accident and a Custom therupon antiently introduc'd The Accident was that the Sons of JACOB who went into Egypt were so many these first governing their Familys by natural right came as those Familys increas'd to be for their number retain'd and continu'd in the nature of a Senatorian Council while the People were yet in Egyptian Bondage So we having had no like Custom have as to the number no like Inducement Again the Book III Territory of Canaan amounted not to a fourth of our Country and in Government we are to fit our selves to our own proportions Nor can a Senat consisting of few Senators be capable of so many distributions as a Senat consisting of more Yet we find in the restitution 2 Chr. 19. 11. of the Sanhedrim by JEHOSHAPHAT that there was AMARIAH chief in all matters of the Lord that is in judgment upon the Laws which having bin propos'd by God were more peculiarly his matters and ZEBADIAH chief in all the King's matters that is in political debates concerning Government or War and Peace Lastly Judg. 11. 5 11. When the Children of Ammon made War against Israel the People of Israel made JEPHTHA not only Captain but Head over them So the Judg of Israel being no standing Magistrat but elected upon emergencys supplys the Parallel as to Dictatorian Power in a Commonwealth DEBATE is the natural Parent of Result whence the Senat throout the Latin Authors is call'd Fathers and in Greec Authors the compellation of a popular Assembly is Men as Men of Athens Men Act. 7. 2. 22. 1. Luke throout is perfectly well skill'd in the Customs of Common-wealths of Corinth Men of Lacedemon nor is this Custom Heathen only seeing these Compellations are us'd to the Senat and the People of the Jews not only by STEPHEN but also by PAUL where they begin their speeches in this manner Men Brethren and Fathers To com then from the Fathers to the People the Popular Assembly or Prerogative Tribe it is propos'd Fabric of the Prerogative Tribe THAT the Burgesses of the annual Election return'd by the Tribes enter into the Prerogative Tribe upon Monday next insuing the last of March and that the like number of Burgesses whose term is expir'd recede at the same time That the Burgesses thus enter'd elect to themselves out of their own number two of the Horse one to be Captain and the other to be Cornet of the same and two of the Foot one to be Captain the other to be Insign of the same each for the term of three years That these Officers being thus elected the whole Tribe or Assembly procede to the Election of four annual Magistrats two out of the Foot to be Tribuns of the Foot and two out of the Horse to be Tribuns of the Horse That the Tribuns be Commanders of this Tribe in chief so far as it is a Military Body and Presidents of the same as it is a civil Assembly And lastly that this whole Tribe be paid weekly as follows To each of the Tribuns of Horse seven pounds To each of the Tribuns of Foot six pounds To each of the Captains of Horse five pounds To each of the Captains of Foot four pounds To each of the Cornets three pounds To each of the Insigns two pounds seven shillings To every Horseman two pounds and to every one of the Foot one pound ten shillings FOR the Salarys of the Senat and the People together they amount not to three hundred thousand pounds a year which is cheaper by near two parts in three than the chief Magistracy ever did or can otherwise cost for if you give nothing omnia dat qui justa negat men will be their own Carvers But to procede it is propos'd THAT inferior Officers as Captains Cornets Insigns be only for Offices of the Officers the Military Disciplin of the Tribe That the Tribuns have Session in the Senat without suffrage that they have Session of course in the Dictatorian Council so often as it is created by the Senat and with suffrage That they be Presidents of the Court in all cases to be judg'd by the People THAT Peculat or Defraudation of the Public and all cases tending Chap. 1 to the subversion of the Government be triable by this Representative and that there be an Appeal to the same in all Causes and from all Magistrats Appeal to the People Courts and Councils whether National or Provincial The sixth Parallel Judg. 20. Halicar THIS Judicatory may seem large but thus the Congregation of Israel consisting of four hundred thousand judg'd the Tribe of Benjamin Thus all the Roman Tribes judg'd CORIOLANUS And thus Duke LOREDANO was try'd by the great Council of Venice consisting Janotâ—â— yet of about two thousand THIS is as much as I have to say severally of the Senat and the People but their main Functions being joint as they make one Parlament it is farther propos'd The main Function of the Senat. THAT the right of Debate as also of proposing to the People be wholly and only in the Senat without any power at all of Result not deriv'd from the People The main Function of the Prerogative Tribe THAT the power of Result be wholly and only in the People without any right at all of Debate THAT the Senat having debated and agreed upon a Law to be propos'd cause promulgation of the same to be made for the space of six weeks Promulgation before proposition that is cause the Law to be printed and publish'd so long before it is to be propos'd Manner of Proposition THAT promulgation being made the Signory demand of the Tribuns being present in the Senat an Assembly of the People That the Tribuns upon such a demand of the Signory or of the Senat be oblig'd to assemble the Prerogative Tribe in Arms by sound of Trumpet with Drums beating and Colors flying in any Town Field or Market place being not above six miles distant
of the cause wherupon they were subdu'd it seem'd good to the Senat and the People to confirm them And that it be lawful for the Provincials to appeal from their Provincial Magistrats Councils or Generals to the People of England IN modelling a Commonwealth the concernment of Provincial Government coms in the last place for which cause I conceive any long Discourse upon these Orders to be at present unnecessary But certain things there are in the way which I am unwilling to let slip without pointing at them Whether Men or Mony be the Nerve of War SOM will have Men som will have Mony to be the Nerve of War each of which Positions in proper cases may be a Maxim For if France where the main Body of the People is imbas'd or Venice which stands upon a Mercenary Militia want Mony they can make no War But it has heretofore bin otherwise with Commonwealths Roman Historians as is observ'd by MACCHIAVEL in their Military Preparations or Expeditions make no mention of Mony unless what was gain'd by the War and brought home into the Treasury as the Spoil of Macedon by AEMILIUS PAULUS being such as the People for som years after were discharg'd of their Tribute Not that their Wars were made altogether without Mony for if so why should the People at any time before have paid Tribute Or why upon this occasion were they excus'd but that the Mony in which their Wars stood them was not considerable in comparison of that which is requisit where Mony may be counted the Nerve of War that is where Men are not to be had without it But Rome by virtue of its Orders could have rais'd vaster numbers of Citizens and Associats than perhaps it ever did tho during the Consulat of PAPPUS and REGULUS she levy'd in Italy only seventy thousand Horse and seven hundred thousand Foot Should we conceive the Nerve of this Motion to have bin Mony we must reckon the Indys to have bin exhausted before they were found or so much Brass to have bin in Italy as would have made Stones to be as good Mony A well order'd Commonwealth dos these things not by Mony but by such Orders as make of its Citizens the Nerve of its Wars The Youth of the Commonwealth propos'd are esteem'd in all at five hundred thousand Of these there is an annual Band consisting of one hundred thousand Of this one hundred thousand there is a standing Army consisting of thirty thousand Foot and ten thousand Horse besides such as being above Book III thirty years of age shall offer themselves as Voluntiers of which the number is in no wife likely to be few To the standing Army the Provinces or that only of Scotland being both Populous and Martial can afford at any time an equal number of Auxiliarys THESE Orders thus sum'd up together render this Common-wealth ordinarily able to wage War with fourscore thousand men a Force which it is known not any Prince in Christendom is able to match in Virtue Number or Disciplin For these the Common-wealth in her Sea Guard has always at hand sufficient Waftage or at least such a sufficient Convoy as may make any Vessels at hand a sufficient Transportation all this I say by virtue of Orders Not but that the March the Equipage the Waftage of so great an Army must cost Mony but that it will com to no account in comparison of a lingring War made by a matter of thirty thousand Mercenarys the very consumtion of a State wheras fourscore thousand men so disciplin'd and so furnish'd as has bin shewn being once transported must suddenly com to be no Charge or make the War defray it self BUT 't is objected that to reckon upon such a Militia were to suppose a large Country capable of being a Commonwealth wheras we hold them learn'd who say that no Commonwealth has consisted of more Whether a Commonwealth has consisted of more than one City or Town than som one City or Town But in what Language or in what Geography are the twelve Tribes of Israel the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Peopledoms or Prytanys of Athens which THESEUS gather'd into one body the Tribes and Linages in Lacedemon instituted by LYCURGUS the five and thirty Roman Tribes planted between the Rivers Vulturnus and Arno or between the Citys now call'd Capua and Florence the 13 Cantons of the Switzers the seven United Provinces of the Low Countrys understood to have bin or to be but one City or Town Whether were not the People of Israel under their Commonwealth six hundred thousand What reason can be given why the Government that could take in six hundred thousand might not as well take in twice that number How much short came the Country planted by the Roman Tribes of 150 Miles square Or how much over is England And what reason can be given why a Government taking in 150 Miles square might not as well take in twice that Compass Whether was our House of Commons under Monarchy not collected from the utmost Bounds of the English Territory And whether had the Laws by them enacted not their free course to the utmost limits of the same And why should that be impossible or impracticable to a Representative of the People in a Commonwealth which was so facil and practicable to a Representative of the People under Monarchy IT is a wonder how the Commonwealth of Rome which held as it were the whole World by Provinces should be imagin'd by any man to have consisted but of one Town or City BUT to return It is alleg'd by others and as to Provincial Government very truly that a Commonwealth may be a Tyranny Nor do I think that Athens in this point came short of any Prince Rome on the other side was according to the merits of the cause as frequent in giving Liberty as in taking it away The Provinces of Venice and of Switzerland would not change their condition with the Subjects of the best Prince However the possibility in a Common-wealth of tyrannizing over Provinces is not to be cur'd for be the Commonwealth or the Prince a State or a Man after God's own heart there is no way of holding a Province but by Arms. The thirteenth Parallel 2 Sam. 8. 5 6. WHEN the Syrians of Damascus came to succor HADADEZER King of Zobah DAVID slew of the Syrians two and twenty thousand Men then DAVID put Garisons in Syria of Damascus and the Syrians became Servants to DAVID and brought Gifts and the Lord preserv'd DAVID whithersoever he went WITH this Parallel I draw the Curtain and close be it Comedy to such as are for Tragedy this Model appealing to the present or the next Age whether throout I have not had God himself for my Vouchee In the mean time there is nothing hereby propos'd which See the Corollary of Oceana may not stand with a supreme Magistrat The Conclusion Shewing how the Model propos'd may be prov'd or examin'd
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
is nothing of Religion 36. GOVERNMENT is of human Prudence and human Prudence is adequat to man's Nature 37. THE Prudence or Government that is regardless of Religion is not adequat nor satisfactory to man's Nature 38. WHERE the Government is not adequat or satisfactory to man's Nature it can never be quiet or perfect 39. THE major part of Mankind gives it self up in the matter of Religion to the public leading 40. THAT there may be a public leading there must be a National Religion 41. WHERE the minor part takes away the National Religion there the major part is depriv'd of Liberty of Conscience by the minor 42. WHERE the major part is depriv'd of Liberty of Conscience by the minor there they will deprive the minor of that Liberty of Conscience which they might otherwise injoy 43. IN Israel there was an indow'd Clergy or Priesthood and a National Religion under inspection of the Magistrat whence the Christians in Apostolic Times defraying their own Ministry could have Liberty of Conscience wheras if the Christians by going about to take away Tithes and abolish the National Religion had indeavor'd to violat the Consciences of the unconverted Jews these being far greater in number must needs have taken away the Liberty of Conscience from the Christians 44. PAVL in Athens could freely and undisturbedly convert DIONYSIUS and others therfore in Athens there was Liberty of Conscience but if PAUL and his Converts had gon about to drive Hirelings or an indow'd Priesthood or Clergy out of that Church who sees not that the Athenians would have driven PAUL and his Converts out of Athens 45. THAT there may be Liberty of Conscience there must be a National Religion 46. THAT there may be a National Religion there must be an indow'd Clergy 47. COMMONWEALTHS have had three ways of Union As the Athenians by bringing their Confederats to subjection As the United Provinces by an equal League or as the Romans by an inequal League The first way is tyrannical In the second one Commonwealth under the League is no more than another and each one as to her self has a Negative which kind of Union is not only obstructive but tends as we have seen both in Holland and Switzerland towards Division In the third way the Commonwealth uniting other Commonwealths retains to her self the leading of the whole League leaving to each of the rest her own Laws and her own Liberty 48. TILL a Commonwealth be first fram'd how such a Commonwealth should make an effectual Union with another Nation is not possible to be seen 49. THE new unpractis'd and heretofore unheard Union as it is vulgarly spoken with Scotland by uniting Deputys of divers Nations not in a Council apart or by way of States General as in the United Provinces but in the standing Councils of som one Common-wealth in the League is destructve to Liberty both in England and in Scotland 50. IF the Commonwealth of England receives Deputys from Scotland in a greater number than that of her own she receives Law from a foren Interest and so loses her own Liberty 51. IF Scotland be receiv'd in an equal number it obstructs the freedom of both or occasions War or Dissension 52. IF Scotland be receiv'd in an inferior number she receives Law from England and so loses her Liberty The like is understood of Ireland 53. WHERAS a well order'd Commonwealth should give the Balance to her Confederats and not receive it from them the Councils in which divers others are thus united tho in a far inferior number of Deputys yet if these â—y in wait or lay their heads together may be overrul'd obstructed or overbalanc'd by foren Interests 54. WHERE Countrys are divers in their Laws and yet are to receive Laws one from the other neither the Commonwealth giving Law knows what to give nor the Commonwealth receiving Law understands what she receives in which case the Union returns to Force or Confusion 55. THE best way of holding a Nation different or not different in Laws is the Roman that is by way of Province 56. A PROVINCE especially if she has strong holds may by defraying of a small Guard be kept to a just League and for the rest injoy her own Laws her own Government and her perfect Liberty Other ways of Union will be found more chargeable and less effectual on both sides for if England has no Army in Scotland Scotland will receive no Law from England and if England has an Army there her hold consists not in the Union but in the Force The like is to be understood of Ireland 57. IF a Country be very small and not able to subsist of it self as Wales it may be safely united and held but the advantage that Wales has in participation of all Magistracys and Offices is not that which England is able to afford to such a Country as Scotland without subjecting her neck to the yoke 58. THE order of a Commonwealth requires that it consists first of a Civil secondly of a Religious thirdly of a Military and fourthly of a Provincial part The manner of uniting Provinces or different Nations pertains to the last part and in the formation of a Commonwealth to begin with that first which is naturally last is to invert the Order and by consequence the Commonwealth it self which indeed is nothing but Order 59. WHERE there can be any other Government there can be no Commonwealth 60. WHERE there can be a Commonwealth what tumults soever there happen and which soever prevail there can be no other Government that is to say without foren Invasion which throout I must be understood to except 61. IF Sir GEORGE BOOTH had prevail'd he must either have introduc'd a Commonwealth or have restor'd the King 62. IF the King were restor'd he must either govern by an Army or by Parlaments 63. A KING governing now in England by an Army would for the same Causes find the same Effects with the late Protector 64. A KING governing now in England by Parlaments would find the Nobility of no effect at all 65. A PARLAMENT where the Nobility is of no effect at all is a mere Popular Council 66. A MERE Popular Council will never receive Law from a King 67. A MERE Popular Council giving Law to a King becoms therby a Democracy or equal Commonwealth or the difference is no greater than in the imperfection of the Form 68. A COMMONWEALTH or Democracy to be perfect in the Form must consist especially of such an Assembly the Result wherof can go upon no Interest whatsoever but that only which is the common interest of the whole People 69. AN Assembly consisting of a few may go upon the Interest of one man as a King or upon the Interest of one Party as that of Divines Lawyers and the like or the Interest of themselves and the perpetuation of their Government 70. THE Popular Assembly in a Commonwealth may consist of too few but can never
quality in every Tribe have about ten thousand pounds a year given to him and his Heirs with the hereditary Dignity of Prince of his Tribe THAT som ten other men of the next quality under the Prince in every Tribe have about two thousand pounds a year in the same given to each of them and their Heirs with the hereditary Dignity of Patriarchs or Chief of the Fathers THAT the remaining part of the Lands except forty eight Citys and their Suburbs be distributed to the whole People equally by Lots THAT it be not lawful for any Prince Patriarch or other to sell or alienat his Land or any part therof in such manner but that upon every fiftieth year being for this cause a year of Jubile all Lands within that compass sold or alienated return to the antient Possessors or lawful Heirs THAT there be one other Tribe added to the twelve that this Tribe so added be not local nor suffer'd to have any Lands at all except the forty eight Citys above reserv'd with their Suburbs that is with a quantity of Land to each of them being in depth two thousand Cubits round That these be settl'd upon them and their Heirs for ever besides the annual Tithe of the whole Territory and a piece of Mony every year upon every Head under the notion of an Offering in regard that other Offerings are now unlawful and that this Tribe consist of Clergy having one hereditary Archbishop or High Priest for the Head and Prince of their Tribe THAT there be no other Law than that of the Word of God only and that the Clergy being best skill'd in this Law be eligible into all Courts of Justice all Magistracys and Offices whatsoever THAT the Prince of a Tribe together with one or more Courts consisting of twenty three Judges elected by the People of that Tribe for life be the Government of the same THAT the People of the twelve local Divisions take by the Ballot wise men and understanding among their Tribes and of these constitute a Senat for the whole Commonwealth consisting of seventy Elders for life THAT every local Tribe monthly elect two thousand of their own number and that these Elections amounting in all to four and twenty thousand assemble at the Metropolis or Capital City and be the monthly Representative of the People THAT the Senat be a standing Judicatory of Appeal from all other Courts with power to shew the Sentence of the Laws of God THAT besides the Law of God whatever shall be propos'd by the seventy Elders and resolv'd by the monthly Representative of the People be the Law of the Land A SECOND MODEL OF A COMMONWEALTH PROPOS'D THAT there be a King without Guards THAT the Word or Command of this King be the Law THAT this King stirring out of his Palace it may be lawful for any man to slay him IN this Model there wants but Security that while the People are dispers'd the King can gather no Army to demonstrat That either the People must be free or the King a Prisoner A THIRD MODEL OF A COMMONWEALTH PROPOS'D The Commonwealth of Sparta THAT the Nobility the Gentry and the People having upon persuasion given up their Lands to the Public the whole Territory be divided into one hundred thousand equal Lots and two more being each of ten thousand Acres THAT the inferior Lots be distributed to the People THAT every man possessing a Lot be a Citizen THAT the rest except only the Children of Citizens be Servants to and Tillers of the ground for the Citizens THAT there be no profess'd Students THAT no Citizen exercise any Trade but that of Arms only and that the use of Mony except it be made of Iron be wholly banish'd THAT there be two Kings hereditary That each of them possess one of those Lots of ten thousand Acres THAT they be Presidents of the Senat with single Votes and that in War they have the leading of the Armys THAT there be a Senat consisting besides the Kings of twenty eight Senators elected for life by the People THAT whatever be propos'd by this Senat to the whole People or any ten thousand of them and shall be resolv'd by the same be the Law THAT there be a Court consisting of five annual Magistrats elected by the People and that this Court have power to bring a King a Senator or other that shall openly or secretly violat the Laws or invade the Government to Justice A FOURTH MODEL OF A COMMONWEALTH PROPOS'D The Commonwealth of Athens THAT there be a Representative of the People consisting of five thousand THAT these annually elect by lot a Senat consisting of four hundred and a Signory by suffrage consisting of nine annual Princes THAT each fourth part of the Senat for one fourth part of their annual term be a Council of State THAT the Council of State may assemble the Senat and propose to the same That the Senat may assemble the People and propose to them And that what is propos'd by the Senat and resolv'd by the People be the Law THAT the executive Power of the Laws made be more especially committed and distributed in various Functions and divers Administrations to the nine Princes A FIFTH MODEL OF A COMMONWEALTH PROPOS'D The Commonwealth of Rome THAT the whole Nation be divided into three distinct Orders the one Senatorian or Nobility the other Equestrian or Gentry and the third Plebeian or Popular THAT the Equestrian Order be the Cavalry of the Common-wealth and the Plebeian the Foot THAT there be a Senat consisting of the Senatorian Order and of three hundred Senators for life THAT there be two Magistrats elected by the People for five years term call'd Censors THAT the Censors have power upon cause shewn to remove a Senator out of the Senat and to elect a Nobleman or somtimes a Plebeian therby made Noble into the Senat. THAT there be two annual Magistrats elected by the People call'd Consuls THAT the Consuls be Presidents of the Senat and have the leading of the Armys THAT the Senat as they shall see occasion may nominat one person to be Dictator for som short term THAT the Dictator for his term have Soverain Power THAT there be a Division of the whole People of what Orders soever into six Classes according to the valuation of their Estates For example That the first Classis consist of all such as have two thousand pounds a year or upwards the second of all such as have one thousand pounds a year or upwards under two the third of all such as have six hundred pounds a year or upwards under one thousand the fourth of all such as have three hundred pounds a year or upwards under six hundred the fifth of all such as have under the former proportion the sixth of all such as pay no Taxes or have no Land and that these be not us'd in Arms. THAT the Senat propose all Laws to be enacted to an Assembly of the People
them be refer'd the Judgment of all Magistrats in Cases of Maladministrations in their Offices AND in prosecution of these Principles YOVR Petitioners humbly propose for the settlement of this Commonwealth that it be ordain'd 1. THAT the Parlament or the supreme Authority of England be chosen by the free People to represent them with as much equality as may be 2. THAT a Parlament of England shall consist of two Assemblys the lesser of about three hundred in whom shall reside the intire power of consulting debating and propounding Laws the other to consist of a far greater number in whom shall rest the sole power of resolving all Laws so propounded 3. THAT the free People of England in their respective divisions at certain days and places appointed shall for ever annually chuse one third part to each Assembly to enter into their Authority at certain days appointed the same days the Authority of a third of each of the said Assemblys to cease only in the laying the first Foundation in this Commonwealth's Constitution the whole number of both the Assemblys to be chosen by the People respectively viz. one third of each Assembly to be chosen for one year one third for two years and one third for three years 4. THAT such as shall be chosen having serv'd their appointed time in either of the said Assemblys of Parlament shall not be capable to serve in the same Assembly during som convenient interval or vacation 5. THAT the Legislative Power do wholly refer the execution of the Laws to the Magistracy according to the sixth Principle herein mention'd 6. THAT in respect to Religion and Christian Liberty it be ordain'd that the Christian Religion by the appointment of all succeding Parlaments be taught and promulgated to the Nation and public Preachers therof maintain'd and that all that shall profess the said Religion tho of different Persuasions in parts of the Doctrin or Disciplin therof be equally protected in the peaceable profession and public exercise of the same and be equally capable of all Elections Magistracys Preferments in the Commonwealth according to the order of the same Provided always that the public exercise of no Religion contrary to Christianity be tolerated nor the public exercise of any Religion tho professedly Christian grounded upon or incorporated into the Interest of any Foren State or Prince THESE your Petitioners humbly conceive to be the Essentials of the form of a free Commonwealth which if they were made fit for practice by your Honors appointing the numbers times places and all other necessary circumstances and settl'd as the fundamental Orders of the Commonwealth would naturally dispose those that should hereafter be chosen into the Parlaments from the love of their own interest to seek the common good being oblig'd by the Constitutions here humbly offer'd to partake with the whole body of the People of the good or evil that shall happen to the Commonwealth having no probable temtations or means left to compass any privat or factious ends in matters Religious or Civil And your Petitioners cannot imagin a greater security for the Cause and Interest contended for with such effusion of Blood than by disposing the free People into this kind of order wherby the same Cause would becom their common Interest Yet if your Honors should think it necessary or convenient for securing the minds of such as are doubtful and jealous that the People may betray their own Libertys there may be inserted into the fundamental Orders of the Commonwealth these following Expedients viz. 1. THAT for securing the Government of this Commonwealth and of the Religious and Civil freedom of the good People therof it may be for ever esteem'd and judg'd Treason against the Common-wealth for any Member of either Assembly of Parlament or any other person whatsoever to move or propose in either of the said Assemblys the restitution of Kingly Government or the introduction of any single Person to be chief Magistrat of England or the alteration of that part of the fundamental Order herein contain'd that concerns the equal freedom and protection of Religious persons of different Persuasions 2. THAT about the number of twelve persons of the most undoubted Fidelity and Integrity may be authoriz'd and impower'd for som certain number of years next insuing to seize apprehend and in safe custody to detain any person or persons whatsoever till he or they be in due form of Law deliver'd as is hereafter specify'd that shall move or propose in either of the said Assemblys of Parlament the restitution of Kingly Government or the introduction of any single Person to be chief Magistrat of this Commonwealth or the alteration of that part of the fundamental Order herein contain'd that concerns the equal freedom and protection of religious persons of different persuasions but for no other matter or cause whatsoever And when it shall happen that any person or persons shall be arrested or seiz'd for any of the causes aforesaid in manner aforesaid then a Commission of Oyer and Terminer may issue forth in due form of Law to the said twelve or any six of them to procede in due form of Law within one month after the apprehension of any such person or persons to the arrainment and public trial of every such person or persons and upon the legal conviction of him or them by the testimony of two sufficient Witnesses of any of the Treasons herein declar'd to condemn to the pains of death and to cause the same Judgment to be duly executed and the Keeper or Keepers of the Great Seal of England that shall be for the time being may be authoriz'd and requir'd from time to time during the term of years to issue out Commissions to the said twelve or any six of them authorizing them to procede as aforesaid AND if your Honors shall further judg it convenient the fundamental Orders of the Government may be consented to or subscrib'd by the People themselves if their express Pact shall be esteem'd any additional security other Nations upon the like occasions of expulsion of their Kings having taken the Peoples Oaths against their returning And the same may be proclaim'd as often as our Ancestors provided for the proclaiming of Magna Charta and any further security also added if any can be found among men that has a foundation in Justice NOW your Petitioners having with humble submission to your grave Wisdoms thus declar'd their apprehensions of the present condition of this distracted Nation and the only effectual means under God to prevent the impending Mischiefs They do must humbly pray THAT such speedy considerations may be had of the Premises as the Condition of this Nation requires and that such a method may be settled for the debating and consulting about the Government that your wise Results may be seasonable for the healing all the breaches of the Commonwealth and establishing the sure foundations of Freedom Justice Peace and Unity And your Petitioners shall always pray c. Wednesday July the 6 th 1659. THE House being inform'd that divers Gentlemen were at the door with a Petition they were call'd in and one of the Petitioners in behalf of himself and the rest said We humbly present you a Petition to which we might have had many thousand hands but the Matter rather deserves your serious Consideration than any public Attestation and therfore we do humbly present it to this Honorable House Which after the Petitioners were withdrawn was read and was intitl'd The humble Petition of divers wellaffected Persons Resolv'd THAT the Petitioners have the Thanks of the House THE Petitioners were again call'd in and Mr. Speaker gave them this Answer Gentlemen THE House has read over your Petition and find it without any privat end and only for the public Interest and I am commanded to let you know that it lys much upon them to make such a Settlement as may be most for the good of Posterity and they are about that work and intend to go forward with it with as much expedition as may be And for your parts they have commanded me to give you Thanks and in their names I do give you the Thanks of this House accordingly Tho. St. Nicholas Clerc of the Parlament FINIS Advertisement DIscourses concerning Government by ALGERNON SIDNEY Son to ROBERT Earl of Leicester and Ambassador from the Commonwealth of England to CHARLES GUSTAVUS King of Sweden Published from an Original Manuscript of the Author Price 15 s. A Complete Collection of the Historical Political and Miscellaneous Works of JOHN MILTON both English and Latin With som Papers never before publish'd In 3 Vol. To which is prefix'd The Life of the Author containing besides the History of his Works several extraordinary Characters of Men and Books Sects Partys and Opinions Price 35 s. Both printed by J. DARBY and sold by the Booksellers
THE OCEANA OF James Harrington AND HIS OTHER WORKS Som wherof are now first publish'd from his own MANUSCRIPTS The whole Collected Methodiz'd and Review'd WITH An Exact Account of his LIFE Prefix'd By JOHN TOLAND RESPUBLICA Res est Populi cum benè ac justè geritur sive ab uno Rege sive a paucis Optimatibus sive ab universo Populo Cum vero injustus est Rex quem Tyrannum voco aut injusti Optimates quorum Consensus Factio est aut injustus ipse Populus cui nomen usitatum nullum reperio nisi ut ipsum Tyrannum appellem non jam vitiosa sed omnino nulla Respublica est quoniam non RES est POPULI cum Tyrannus eam Factióve capessat nec ipse Populus jam Populus est si sit injustus quoniam non est Multitudo Juris consensu Utilitatis communione sociata Fragmentum Ciceronis ex lib. 3. de Republica apud Augustin de Civ Dei l. 2. c. 21. LONDON Printed and are to be sold by the Booksellers of London and Westminster M. DCC MOSES SOLON CONFUCIUS LYCURGUS NUMA L. IVNIVS BRVTVS GVLIELMVS III. Commercio Opificio M. DCC I. TOLANDVS LIBERTATI SACRAVIT M. â—ander â—ucht Scul TO THE LORD MAYOR ALDERMEN SHERIFS AND COMMON COUNCIL OF LONDON IT is not better known to you most worthy Magistrats that Government is the preserving Cause of all Societys than that every Society is in a languishing or flourishing condition answerable to the particular Constitution of its Government And if the Goodness of the Laws in any place be thus distinguishable by the Happiness of the People so the Wisdom of the People is best discern'd by the Laws they have made or by which they have chosen to be govern'd The truth of these Observations is no where more conspicuous than in the present State of that most Antient and Famous Society you have the honor to rule and which reciprocally injoys the chearful influence of your Administration 'T is solely to its Government that London ows being universally acknowleg'd the largest fairest richest and most populous City in the World all which glorious Attributes could have no Foundation in History or Nature if it were not likewise the most free 'T is confest indeed that it derives infinit Advantages above other places from its incomparable Situation as being an inland City seated in the middle of a Vale no less delicious than healthy and on the Banks of a Noble River in respect of which if we regard how many score miles it is navigable the clearness and depth of its Channel or its smooth and even Course the Seine is but a Brook and the celebrated Tyber it self a Rivulet Yet all this could never raise it to any considerable pitch without the inestimable Blessings of LIBERTY which has chosen her peculiar Residence and more eminently fixt her Throne in this place LIBERTY is the true Spring of its prodigious Trade and Commerce with all the known parts of the Universe and is the original Planter of its many fruitful Colonys in America with its numberless Factorys in Europe Asia and Africa hence it is that every Sea is cover'd with our Ships that the very Air is scarce exemted from our Inventions and that all the Productions of Art or Nature are imported to this common Storehouse of Mankind or rather as if the whole Variety of things wherwith the Earth is stockt had bin principally design'd for our profit or delight and no more of 'em allow'd to the rest of Men than what they must necessarily use as our Purveyors or Laborers As LIBERTY has elevated the native Citizens of London to so high a degree of Riches and Politeness that for their stately Houses fine Equipages and sumtuous Tables they excede the Port of som Foren Princes so is it naturally becom every Man's Country and the happy Refuge of those in all Nations who prefer the secure injoyment of Life and Property to the glittering pomp and slavery as well as to the arbitrary lust and rapine of their several Tyrants To the same Cause is owing the Splendor and Magnificence of the public Structures as Palaces Temples Halls Colleges Hospitals Schools Courts of Judicature and a great many others of all kinds which tho singly excel'd where the Wealth or State of any Town cannot reach further than one Building yet taking them all together they are to be equal'd no where besides The delicat Country Seats and the large Villages crouded on all hands around it are manifest Indications how happily the Citizens live and makes a Stranger apt to believe himself in the City before he approaches it by som miles Nor is it to the felicity of the present times that London is only indebted for in all Ages and under all Changes it ever shew'd a most passionat love of LIBERTY which it has not more bravely preserv'd than wisely manag'd infusing the same Genius into all quarters of the Land which are influenc'd from hence as the several parts of the Animal Body are duly supply'd with Blood and Nourishment from the Heart Whenever therfore the execrable design was hatcht to inslave the Inhabitants of this Country the first Attemts were still made on the Government of the City as there also the strongest and most succesful Efforts were first us'd to restore Freedom for we may remember to name one instance for all when the late King was fled and every thing in confusion that then the chief Nobility and Gentry resorted to Guildhall for protection and to concert proper methods for settling the Nation hereafter on a Basis of Liberty never to be shaken But what greater Demonstration can the World require concerning the Excellency of our National Government or the particular Power and Freedom of this City than the BANK of England which like the Temple of SATURN among the Romans is esteem'd so sacred a Repository that even Foreners think their Treasure more safely lodg'd there than with themselves at home and this not only don by the Subjects of Absolute Princes where there can be no room for any Public Credit but likewise by the Inhabitants of those Commonwealths where alone such Banks were hitherto reputed secure I am the more willing to make this Remark because the Constitution of our Bank is both preferable to that of all others and coms the nearest of any Government to HARRINGTON'S Model In this respect a particular Commendation is due to the City which produc'd such Persons to whose Wisdom we ow so beneficial an Establishment and therfore from my own small observation on Men or Things I fear not to prophesy that before the term of years be expir'd to which the Bank is now limited the desires of all people will gladly concur to have it render'd perpetual Neither is it one of the last things on which you ought to value your selves most worthy Citizens that there is scarce a way of honoring the Deity known any where but is either already
Authors 'T is incredible to think what gross and numberless Errors were committed by all the Writers before him even by the best of them for want of understanding this plain Truth which is the foundation of all Politics He no sooner discours'd publicly of this new Doctrin being a man of universal acquaintance but it ingag'd all sorts of people to busy themselves about it as they were variously affected Som because they understood him despis'd it alleging it was plain to every man's capacity as if his highest merit did not consist in making it so Others and those in number the fewest disputed with him about it merely to be better inform'd with which he was well pleas'd as reckoning a pertinent Objection of greater advantage to the discovery of Truth which was his aim than a complaisant applause or approbation But a third sort of which there never wants in all places a numerous company did out of pure envy strive all they could to lessen or defame him and one of 'em since they could not find any precedent Writer out of whose Works they might make him a Plagiary did indeavor after a very singular manner to rob him of the Glory of this Invention for our Author having friendly lent him a part of his Papers he publish'd a small piece to the same purpose intitl'd A Letter from an Officer of the Army in Ireland c. Major WILDMAN was then reputed the Author by som and HENRY NEVIL by others which latter by reason of this thing and his great intimacy with HARRINGTON was by his detractors reported to be the Author of his Works or that at least he had a principal hand in the composing of them Notwithstanding which provocations so true was he to the Friendship he profest to NEVIL and WILDMAM that he avoided all harsh Expressions or public Censures on this occasion contenting himself with the Justice which the World was soon oblig'd to yield to him by reason of his other Writings where no such clubbing of Brains could be reasonably suspected 13. BUT the publication of his Book met with greater difficultys from the opposition of the several Partys then set against one another and all against him but none more than som of those who pretended to be for a Commonwealth which was the specious name under which they cover'd the rankest Tyranny of OLIVER CROMWEL while HARRINGTON like PAUL at Athens indeavor'd to make known to the People what they ignorantly ador'd By shewing that a Commonwealth was a Government of Laws and not of the Sword he could not but detect the violent administration of the Protector by his Bashaws Intendants or Majors General which created him no small danger while the Cavaliers on the other side tax'd him with Ingratitude to the memory of the late King and prefer'd the Monarchy even of a Usurper to the best order'd Commonwealth To these he answer'd that it was enough for him to forbear publishing his Sentiments during that King's life but the Monarchy being now quite dissolv'd and the Nation in a state of Anarchy or what was worse groaning under a horrid Usurpation he was not only at liberty but even oblig'd as a good Citizen to offer a helping hand to his Countrymen and to shew 'em such a Model of Government as he thought most conducing to their Tranquillity Wealth and Power That the Cavaliers ought of all People to be best pleas'd with him since if his Model succeded they were sure to injoy equal Privileges with others and so be deliver'd from their present Oppression for in a well constituted Commonwealth there can be no distinction of Partys the passage to Preferment is open to Merit in all persons and no honest man can be uneasy but that if the Prince should happen to be restor'd his Doctrin of the Balance would be a light to shew him what and with whom he had to do and so either to mend or avoid the Miscarriages of his Father since all that is said of this doctrin may as well be accommodated to a Monarchy regulated by Laws as to a Democracy or more popular form of a Commonwealth He us'd to add on such occasions another reason of writing this Model which was That if it should ever be the fate of this Nation to be like Italy of old overrun by any barbarous People or to have its Government and Records destroy'd by the rage of som merciless Conqueror they might not be then left to their own Invention in framing a new Government for few People can be expected to succede so happily as the Venetians have don in such a case 14. IN the mean time it was known to som of the Courtiers that the Book was a printing wherupon after hunting it from one Press to another they seiz'd their Prey at last and convey'd it to Whitehall All the sollicitations he could make were not able to retrieve his Papers till he remember'd that OLIVER'S favorit Daughter the Lady CLAYPOLE acted the part of a Princess very naturally obliging all persons with her civility and frequently interceding for the unhappy To this Lady tho an absolute stranger to him he thought fit to make his application and being led into her Antichamber he sent in his Name with his humble request that she would admit him to her presence While he attended som of her Women coming into the room were follow'd by her little Daughter about three years old who staid behind them He entertain'd the Child so divertingly that she suffer'd him to take her up in his arms till her Mother came wherupon he stepping towards her and setting the Child down at her feet said Madam 't is well you are com at this nick of time or I had certainly stollen this pretty little Lady Stollen her reply'd the Mother pray what to do with her for she is yet too young to becom your Mistress Madam said he tho her Charms assure her of a more considerable Conquest yet I must confess it is not love but revenge that promted me to commit this theft Lord answer'd the Lady again what injury have I don you that you should steal my Child None at all reply'd he but that you might be induc'd to prevail with your Father to do me justice by restoring my Child that he has stollen But she urging it was impossible because her Father had Children enough of his own he told her at last it was the issue of his brain which was misrepresented to the Protector and taken out of the Press by his order She immediatly promis'd to procure it for him if it contain'd nothing prejudicial to her Father's Government and he assur'd her it was only a kind of a Political Romance so far from any Treason against her Father that he hop'd she would acquaint him that he design'd to dedicat it to him and promis'd that she her self should be presented with one of the first Copys The Lady was so well pleas'd with his manner of Address that he had
under the Romans Saxons Danes and Normans till the foundations of it were cunningly undermin'd by HENRY VII terribly shaken by HENRY VIII and utterly ruin'd under CHARLES I. Here he must read who in a little compass would completely understand the antient Feuds and Tenures the original and degrees of our Nobility with the inferior Orders of the rest of the People under the Saxons what was meant by Ealdorman or Earls King 's Thane middle Thane or Vavasors their Shiremoots Sherifs and Viscounts their Halymoots Weidenagemoots and such others Here likewise one may learn to understand the Baronage of the Normans as the Barons by their Possessions by Writ or by Letters Patent with many other particulars which give an insight into the ' springs and management of the Barons Wars so frequent and famous in our Annals The rest of this Discourse is spent in shewing the natural Causes of the dissolution of the Norman Monarchy under CHARLES the First and the generation of the Commonwealth or rather the Anarchy that succeded 19. NEXT follows the Council of Legislators for HARRINGTON being about to give the most perfect Model of Government he made himself master of all the Antient and Modern Politicians that he might as well imitat whatever was excellent or practicable in them as his care was to avoid all things which were impracticable or inconvenient These were the justest measures that could possibly be taken by any body whether he design'd to be rightly inform'd and sufficiently furnish'd with the best materials oâ— whether he would have his Model meet with an easy reception for since his own Sentiments tho never so true were sure to be rejected as privat Speculations or impracticable Chimeras this was the readiest way to make 'em pass currently as both authoriz'd by the wisest men in all Nations and as what in all times and places had bin practis'd with success To this end therfore he introduces under feign'd names nine Legislators who perfectly understood the several Governments they were appointed to represent The Province of the first was the Common-wealth of Israel that of the second Athens of the third Sparta of the fourth Carthage of the fifth the Achaeans Aetolians and Lycians of the sixth Rome of the seventh Venice of the eighth Switzerland and of the ninth Holland Out of the Excellencys of all these supply'd with the Fruits of his own invention he fram'd the Model of his Oceana and indeed he shews himself in that work so throly vers'd in their several Historys and Constitutions that to any man who would rightly understand them I could not easily recommend a more proper Teacher for here they are dissected and laid open to all Capacitys their Perfections applauded their Inconveniencys expos'd and parallels frequently made between 'em no less entertaining than useful Nor are the Antient and Modern Eastern or European Monarchys forgot but exhibited with all their Advantages and Corruptions without the least dissimulation or partiality 20. AS for the Model I shall say nothing of it in particular as well because I would not forestal the pleasure of the Reader as by reason an Abridgment of it is once or twice made by himself and inserted among his Works The method he observes is to lay down his Orders or Laws in so many positive Propositions to each of which he subjoins an explanatory Discourse and if there be occasion adds a Speech suppos'd to be deliver'd by the Lord ARCHON or som of the Legislators These Speeches are extraordinary fine contain a world of good Learning and Observation and are perpetual Commentarys on his Laws In the Corollary which is the conclusion of the whole Work he shews how the last hand was put to his Commonwealth which we must not imagin to treat only of the Form of the Senat and Assemblys of the People or the manner of waging War and governing in Peace It contains besides the Disciplin of a National Religion and the security of a Liberty of Conscience a Form of Government for Scotland for Ireland and the other Provinces of the Commonwealth Governments for London and Westminster proportionably to which the other Corporations of the Nation are to be model'd Directions for the incouraging of Trade Laws for regulating Academys and most excellent Rules for the Education of our Youth as well to the Wars or the Sea to Manufactures or Husbandry as to Law Physic or Divinity and chiefly to the breeding and true figure of accomplish'd Gentlemen There are admirable Orders for reforming the Stage the number choice and business of the Officers of State and the Revenue with all sorts of Officers and an exact account both of their Salarys and the ordinary yearly charge of the whole Commonwealth which for two rarely consistent things the grandeur of its State and the frugal management of its Revenues excedes all the Governments that ever were I ought not to omit telling here that this Model gives a full answer to those who imagin that there can be no Distinctions or Degrees neither Nobility nor Gentry in a Democracy being led into this mistake because they ignorantly think all Commonwealths to be constituted alike when if they were but never so little vers'd in History they might know that no Order of men now in the world can com near the Figure that was made by the Noblemen and Gentlemen of the Roman State nor in this respect dos the Commonwealth of Oceana com any thing behind them for as HARRINGTON says very truly an Army may as well consist of Soldiers without Officers or of Officers without Soldiers as a Commonwealth especially such a one as is capable of Greatness consist of a People without a Gentry or of a Gentry without a People So much may suffice for understanding the scope of this Book I shall only add that none ought to be offended with a few od terms in it such as the Prime Magnitude the Pillar of Nilus the Galaxy and the Tropic of Magistrats since the Author explains what he means by 'em and that any other may call 'em by what more significative names he pleases for the things themselves are absolutely necessary 21. NO sooner did this Treatise appear in public but it was greedily bought up and becom the subject of all mens discourse The first that made exceptions to it was Dr. HENRY FERNE afterwards Bishop of Chester The Lady ASHTON presented him with one of the Books and desir'd his opinion of it which he quickly sent in such a manner as shew'd he did not approve of the Doctrin tho he treated the Person and his Learning with due respect To this Letter a reply was made and som Querys sent along with it by HARRINGTON to every one of which a distinct Answer was return'd by the Doctor which being again confuted by HARRINGTON he publish'd the whole in the year 1656 under the title of Pian Piano or an Intercourse between H. FERNE Doctor in Divinity and JAMES HARRINGTON Esq upon occasion of the
Doctor 's Censure of the Commonwealth of Oceana 'T is a Treatise of little importance and contains nothing but what he has much better discours'd in his answers to other Antagonists which is the reason that I give the Reader no more trouble about it 22. THE next that wrote against Oceana was MATTHEW WREN eldest Son to the Bishop of Ely His Book was intitl'd Considerations and restrain'd only to the first part of the Preliminarys To this our Author publish'd an answer in the first Book of his Prerogative of Popular Government where he inlarges explains and vindicats his Assertions How inequal this Combat was and after what manner he treated his Adversary I leave the Reader to judg only minding him that as WREN was one of the Virtuosi who met at Dr. WILKINS'S the Seminary of the now Royal Society HARRINGTON jokingly said That they had an excellent faculty of magnifying a Louse and diminishing a Commonwealth But the Subjects he handles on this occasion are very curious and reduc'd to the twelve following Questions 1. WHETHER Prudence or the Politics be well distinguish'd into Antient and Modern 2. WHETHER a Commonwealth be rightly defin'd to be a Government of Laws and not of men and Monarchy to be a Government of som men or a few men and not of Laws 3. WHETHER the Balance of Dominion in Land be the natural cause of Empire 4. WHETHER the Balance of Empire be well divided into National and Provincial and whether these two or any Nations that are of a distinct Balance coming to depend on one and the same head such a mixture creates a new Balance 5. WHETHER there be any common Right or Interest of Mankind distinct from the Interest of the parts taken severally and how by the orders of a Commonwealth this may best be distinguish'd from privat Interest 6. WHETHER the Senatusconsulta or Decrees of the Roman Senat had the power of Laws 7. WHETHER the Ten Commandments propos'd by God or MOSES were voted and past into Laws by the People of Israel 8. WHETHER a Commonwealth coming up to the perfection of the Kind coms not up to the perfection of Government and has no flaw in it that is whether the best Commonwealth be not the best Government 9. WHETHER Monarchy coming up to the perfection of the Kind coms not short of the perfection of Government and has not som flaw in it that is whether the best Monarchy be not the worst Government Under this head are also explain'd the Balance of France the Original of a Landed Clergy Arms and their several kinds 10. WHETHER any Commonwealth that was not first broken or divided by it self was ever conquer'd by any Monarch where he shews that none ever were and that the greatest Monarchys have bin broken by very small Commonwealths 11. WHETHER there be not an Agrarian or som Law or Laws to supply the defects of it in every Commonwealth Whether the Agrarian as it is stated in Oceana be not equal and satisfactory to all Interests or Partys 12. WHETHER a Rotation or Courses and Turns be necessary to a welorder'd Commonwealth In which is contain'd the Parembole or Courses of Israel before the Captivity together with an Epitome of the Commonwealth of Athens as also another of the Common-wealth of Venice 23. THE second Book of the Prerogative of Popular Government chiefly concerns Ordination in the Christian Church and the Orders of the Commonwealth of Israel against the opinions of Dr. HAMMOND Dr. SEAMAN and the Authors they follow His Dispute with these learned Persons the one of the Episcopal and the other of the Presbyterian Communion is comprehended in five Chapters 1. THE first explaining the words Chirotonia and Chirothesia paraphrastically relates the Story of the Perambulation made by the Apostles PAUL and BARNABAS thro the Citys of Lycaonia Pisidia c. 2. THE second shews that those Citys or most of 'em were at the time of this Perambulation under Popular Government in which is also contain'd the whole Administration of a Roman Province 3. THE third shews the deduction of the Chirotonia or holding up of hands from Popular Government and that the original of Ordination is from this custom in which is also contain'd the Institution of the Sanhedrim or Senat of Israel by MOSES and of that of Rome by ROMULUS 4. THE fourth shews the deduction of the Chirothesia or the laying on of hands from Monarchical or Aristocratical Government and so the second way of Ordination procedes from this custom here is also declar'd how the Commonwealth of the Jews stood after the Captivity 5. THE fifth debates whether the Chirotonia us'd in the Citys mention'd was as is pretended by Dr. HAMMOND Dr. SEAMAN and the Authors they follow the same with the Chirothesia or a far different thing In which are contain'd the divers kinds of Church Government introduc'd and exercis'd in the age of the Apostles By these heads we may perceive that a great deal of useful Learning is contain'd in this Book and questionless he makes those Subjects more plain and intelligible than any Writer I ever yet consulted 24. AGAINST Oceana chiefly did RICHARD BAXTER write his Holy Commonwealth of which our Author made so slight that he vouchsaf'd no other answer to it but half a sheet of Cant and Ridicule It dos not appear that he rail'd at all the Ministers as a parcel of Fools and Knaves But the rest of BAXTER'S complaint seems better grounded as that HARRINGTON maintain'd neither he nor any Ministers understood at all what Polity was but prated against they knew not what c. This made him publish his Holy Commonwealth in answer to HARRINGTON 's Heathenish Commonwealth in which adds he I plead the Cause of Monarchy as better than Democracy or Aristocracy an odd way of modelling a Commonwealth And yet the Royalists were so far from thinking his Book for their service that in the year 1683 it was by a Decree of the University of Oxford condemn'd to be publicly burnt which Sentence was accordingly executed upon it in company with som of the Books of HOBBES MILTON and others wheras no censure past on HARRINGTON's Oceana or the rest of his Works As for Divines meddling with Politics he has in the former part of the Preliminarys to Oceana deliver'd his Opinion That there is somthing first in the making of a Commonwealth then in the governing of it and last of all in the leading of its Armys which tho there be great Divines great Lawyers great Men in all Professions seems to be peculiar only to the genius of a Gentleman for it is plain in the universal series of story that if any man founded a Commonwealth he was first a Gentleman the truth of which Assertion he proves from MOSES downwards 25. BEING much importun'd from all hands to publish an Abridgment of his Oceana he consented at length and so in the year 1659 was printed his Art of Lawgiving or of Legislation
which they force the Vnderstanding by strain'd Arguments to maintain others by the habit of som Opinion so bewitch the Will into confederacy that they can never quit it even after confutation To remedy this Disorder since I had resolv'd with my self to say somthing to this Point which tho it be but as a small Wyre yet the great weight of civil Felicity lys upon it I knew no better Method than to take the Scales from the Eys of the Vnderstanding and to shew the Will how better to bring about her great Design of Good And in the prosecution of this I would not skirmish with every Argument which had bin a thing of immense slavery and not for every Ey but I chose rather to strike at the Foundations that the Vnderstanding might lose its Passion and more freely consider upon what Quicksands they lay And in this I needed not to be positive because I undertake a Task in which most Men are commonly succesful that is to support Error rather than to assert Truth Hence I consider Kingship simply not troubling my self to maintain any other Form or to consider Oaths Ends Changes of Government or the particular Necessity or Reasons of Safety they being distinct Considerations and Subjects by themselves Now if this negative Method satisfys not I see no such great cause to be discourag'd for I confess I do not perceive it so easy a thing to discover an Error and I had rather tell a Man he was out of the way than by endeavoring to bring him to the end of his Journy lead him further about And it is my opinion that as Scepticism is not only useless but dangerous if in setting our Thoughts in a posture of Defence it makes us absolutely wavering and incredulous yet had I rather be sceptical in my Opinion than maintain it upon grounds taken upon trust and not demonstrated THE Second Part is merely an instance accommodated to the Arguments of the First wherin I would not be understood to be a Writer of an Epitome for I have other Imployments for my Time and Thoughts and those nobler too but to set down a true Series by way of Example and therfore I was only to note Accesses to Government and Recesses from it with the Effects proceding from the Persons of Governors And here as I needed not much trouble Chronology So lest it might be a bare Sceleton I sprinkled som Observations that came to hand and seem to afford either Pleasure or Vse Thus much lest I might be misunderstood I thought necessary to premise THE Grounds and Reasons OF MONARCHY The First Part. I HAVE often thought it strange that among all the Governments either past or present the Monarchical should so far in Extent and Number excede the Popular as that they could never yet com into comparison I could never be persuaded but it was more happy for a People to be dispos'd of by a number of Persons jointly interested and concern'd with them than to be number'd as the Herd and Inheritance of One to whose Lust and Madness they were absolutely subject and that any Man of the weakest Reason and Generosity would not rather chuse for his Habitation that spot of Earth where there was access to Honor by Virtue and no Worth could be excluded rather than that where all Advancement should procede from the Will of one scarcely hearing and seeing with his own Organs and gain'd for the most part by means leud and indirect and all this in the end to amount to nothing else but a more splendid and dangerous Slavery To clear this Point I consider'd how inscrutably Providence carrys on the turns and stops of all Governments so that most People rather found than made them The Constitutions of Men som not fit to be Masters of their Liberty som not capable som not willing the Ambition of settled Tyrants who breaking their own Bonds have brought in violent Alterations and lastly civil Discord have either corrupted or alter'd better Settlements BUT these are Observations rather than Arguments and relate to Fact rather than Reason That which astonish'd me most was to see those of this Heroic and Learn'd Age not only not rising to Thoughts of Liberty but instead therof foolishly turning their Wits and Swords against themselves in the maintenance of them whose Slaves they are and indeed they can be no weak Causes that produce so long and settled a Distemper tho som of those I mention'd if not most of them are the true ones HE knows nothing that knows not how superstitiously the generality of Mankind is given to retain Traditions and how pertinacious they are in the maintenance of their first Prejudices insomuch that a Discovery or more refin'd Reason is as insupportable to them as the Sun is to an Ey newly brought out of Darkness Hence Opiniativeness which is commonly proportion'd to their Ignorance and a generous Obstinacy somtimes to Death and Ruin So that it is no wonder if we see many Gentlemen whose Education inabled them only to use their Senses and first Thoughts so dazled with the Splendor of a Court prepossest with the Affection of a Prince or bewitch'd with som subdolous Favor that they chuse rather any hazard than the Inchantment should be dissolv'd Others perhaps a degree above these yet in respect of som Title stuck upon the Family which has bin as fortunat a Mystery of Kingcraft as any other or in reverence to som glorious former Atchievements minding not that in all these cases the People are the only effective means and the King only imaginary think they should degenerat from Bravery in bringing on a Change Others are witheld by Sloth and Timorousness either not daring or unwilling to be happy som looking no further than their privat Welfare indifferent at the multiplication of public Evils others and these the worst of all out of a pravity of Nature sacrificing to their Ambition and Avarice and in order to that following any Power concurring with any Machinations and supporting their Authors while Princes themselves train'd up in these Arts or receiving them by Tradition know how to wind all their humors to their own advantage now foisting the Divinity of their Titles into Pulpits now amuzing the People with Pomp and Shews now diverting their hot Spirits to som unprofitable foren War making way to their accurs'd ends of Revenge or Glory with the effusion of that Blood which should be as dear to them as their own now stroking the People with som feeble but inforc'd Law for which notwithstanding they will be paid and 't is observ'd the most notorious Tyrants have taken this Course now giving up the eminentest of their Ministers which they part with as indifferently as their Robes to the Rage and Fury of the People so that they are commanded and condemn'd by the same Mouth and the credulous and ignorant believing their King divinely set over them sit still and by degrees grow into Quiet and Admiration
at the Will of the first Mover otherwise he would never have concern'd himself so much in giving Dues to CAESAR and to God what is Gods intimating the distinct Obedience owing by all men as Christians and Citizens When granting Monarchy the most and only lawful Government yet every one knows that knows any thing of the Roman Story that AUGUSTUS had no more Title to that Government than to any of those over whom he usurp'd and that his Access to the Government was as fraudulent and violent as could be Another Error is the mistaking of the word * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Rom. 13. Powers when it 's clear the Scripture speaks of it in a Latitude as extending it to all sorts of establish'd Governments Now men have falsly pretended that those Powers were only meant of Kings and what by an indiscrete collation of the places of the Old and violent wrestings of others of the New Testament they perfected the other grand Mistake which since it has bin already clear'd up and as we said is but collateral with us for the present we shall no further mention it AS for the alleg'd Examples and Speeches of the Primitive Times I see not much in them considerable for tho Insurrections against Princes cannot be produc'd or rather much is said against them yet we are to consider that the Gospel of CHRIST which was at that time not much defil'd by the World engages not to any Domination but wholly taken up with its own Extasys spiritual Delights and Expectations neglects all other Affairs as strange and dangerous And moreover tho I know what has bin said to the contrary I cannot find after well considering those Ages any probable ground how if they would have rebel'd they could have made any Head They were indeed numerous but then they had Legionarys among them and who knows not what an ineffectual thing a People is be it never so desirous when overaw'd by the Soldiery And they were a People as Greatness to God and Man is different not considerable for their worldly Power for how few eminent Commanders were converted in the first Ages but out of his own mere choice so that it was not strange if they could not do much For God as he chose the weakest means in planting the Gospel even Fishermen so in the primitive Propagation he call'd the weaker Men tho Christianity afterwards grew ample and august and Kings were proud to give their Names to it AS for the Fathers supposing them free of their many Adulterations Interpolations and all those Errors and Incertaintys which the process of time and fraud of men has foisted into them they are to be accepted only as Witnesses not as Judges that is to say they may prove matter of Fact but none of their words matter of Right especially if we consider their Writings either Homilys Commentarys or Controversys which are ever directed to another end than this is and they themselves men secluded from Business are so much more unable to judg and resolve civil Controversys in regard the unhappiness of the latter times has produc'd many Controversys not known or thought of in their days which not falling directly under their Profession cannot receive any Light or Authority from them HAVING thus consider'd Kingship and how well it has appear'd thro the false Lights of the Understanding we shall now consider whether taking it by it self its Foundations be laid upon a Cylinder or upon a Cube and this I think we are the likeliest to do if we consider them in their Rights and Uses or to speak plainer in their Legality and Policy so that if we find that none of the ways of retaining their Crowns can be authentic except one and that one makes against them we shall see we have no just causes of blind Adoration or implicit Obligation to truckle under any of their Commands And if again we discover that sort of Government it self is not so profitable to the end of civil Happiness but rather diametrically opposit to it we may suppose that men are either strangly obstinat or else they might eradicat an Error which not only offers so many Prejudices to their Understanding but that has such an evil Influence upon their external Welbeing WE have then to consider that for One man to rule over Many there must necessarily be pretended some Right tho it be but colorable for either he must be chosen by the People as their Arbitrator and supreme Judg or else he must by force of Arms invade them and bring them to Obedience which he by force preserving for his Sons or Successors makes way for a third Claim which is Inheritance A fourth some have invented tho were it real it is but a difference of the last and I therfore shall mention it under that Head But to the Consideration FIRST therfore Election supposing the People either finding themselves unable to weild their own Happiness or for preventing of Disorder make choice of one Man to be set over them it here instantly follows that the Authority is in the People and flowing from them for Choice argues a Power and being elected a Subordination to it in the end I mean tho not in every act Now there is none chosen but for som End or for som Intentions reciprocal betwixt both Partys for otherwise such a choice were but Dotage and consequently invalid Wherefore thus it will follow that those who pretend to King it upon this Topic must either shew a formal Election which I think many Kings are not able to do or if he can shew one produce also the Conditions and Ends for which he was chosen Now all parts being either implicit or explain'd let him exhibit the Covenant that it may be known whether he governs according to it or not for if he transgresses he forfeits and the others are absolv'd from their promis'd Obedience If the Agreement be unwritten or intentional either Party is relatively ty'd and then if he dos any thing against the welfare of the People that Soverain Law and end of all Governments the People may not only justly suppose the former Capitulation broken but even endeavor by what possible means they can to restore themselves to their former Rights for why should the making of a Compact prejudice any when it is once broken And here comes in another Fallacy with which the Assertors of Royalty have so flourish'd that an Agreement between a People and one Man should descend to his Posterity wheras it is to be consider'd that the People chusing one man is commonly in consideration of his Person and personal Merit which not being the same in his Son as commonly Familys in the Horizon are in the Meridian the Founders being braver than any that follow after them that very intent is frustrated and ceases and the People providing for the Happiness of a few years which are determinable with incertainty of the latter part of the Life of one
my first Intention I shall now fall upon the second which is the intrinsic value and expediency of this Government and som little comparison with others but herein we shall be short and only so far as concerns this And indeed it is a business so ticklish that even Mr. HOBS in his piece de Cive tho he assur'd himself that the rest of his Book which is principally calculated for the assertion of Monarchy is demonstrated yet he douts whether the Arguments which he brings to this business be so firm or not and MALVEZZI contrarily remonstrats in his Discourses upon TACITUS that Optimacys are clearly better than Monarchys as to all advantages And indeed if we look on the Arguments for Monarchy they are either Flourishes or merely Notions such are the reference and perfection of Unity which say they must needs work better and more naturally as one simple cause besides that it stills and restrains all other claims than many coordinat wheras they never consider that tho among many joint Causes there may be some jarring yet like cross Wheels in an Engin they tend to the regulation of the whole What violent Mischiefs are brought in by the Contentions of Pretenders in Monarchys the Ambiguitys of Titles and lawless Ambition of Aspirers wheras in a settled Republic all this is clear and unperplex'd and in case any particular man aspires they know against whom to join and punish as a common Enemy As for that reason which alleges the advantage of Secresy in business it carries not much with it in regard that under that even most pernicious designs may be carried on and for wholsom Councils bating som more nice Transactions it matters not how much they be tost among those who are so much intrusted and concern'd in them all bad designs being never in probability so feeble and ineffectual as when there are many eyes to overlook them and voices to decry them As for that expedition in which they say Monarchs are so happy it may as well further a bad intention as give effect to a just Council it depending on the Judgment of a single man to whose will and ends all must refer wheras a select number of intrusted Persons may hasten every opportunity with a just slowness as well as they tho indeed unless it be in som Military critical Minutes I see not such an Excellency in the swiftness of heady Dispatch precipitation in Counsils being so dangerous and ominous As for what concerns privat Suitors they may as speedily and effectually if not more be answer'd in staid Republics as in the Court of a King where Bribery and unworthy Favorits do not what is just but what is desir'd WITH these and many others as considerable which partly willingly and partly in this penury of Books forgettingly I pass do they intend to strengthen this fantastical and airy Building but as sly Controverters many times leave out the principal Text or Argument because should it be produc'd it could not be so easily answer'd so these men tell us all the Advantages of Monarchy supposing them still well settled and under virtuous men but you shall never hear them talk of it in its corrupt state under leud Kings and unsettled Laws they never let fall a word of the dangers of Interreigns the Minoritys and Vices of Princes Misgovernments evil Councils Ambitions Ambiguitys of Titles and the Animositys and Calamities that follow them the necessary Injustices and Oppressions by which Monarchs using the Peoples Wealth and Blood against themselves hold them fast in their Seats and by som suspension of Divine Justice dy not violently WHEREAS other Governments establish'd against all these Evils being ever of Vigor and just Age settled in their own Right freed from pretences serv'd by experienc'd and engag'd Councils and as nothing under the Moon is perfect somtimes gaining and advantag'd in their Controversys which have not seldom as we may see in Old Rome brought forth good Laws and Augmentations of Freedom whereas once declining from their Purity and Vigor and which is the effect of that ravish'd by an Invader they languish in a brutish Servitude Monarchy being truly a Disease of Government and like Slaves stupid with harshness and continuance of the lash wax old under it till they either arrive at that Period which God prescribes to all People and Governments or else better Stars and Posterity awaken them out of that Lethargy and restore them to their pristin Liberty and its daughter Happiness BUT this is but to converse in Notions wandring and ill abstracted from things let us now descend to practical Observation and clearly manifest out the whole Series of Time and Actions what Circumstances and Events have either usher'd or follow'd one Race of Kings That if there were all the Justice in the World that the Government of a Nation should be intail'd upon one Family yet certainly we could not grant it to such a one whose criminal Lives and formidable Deaths have bin Evidences of God's Wrath upon it for so many Generations AND since no Country that I know yields such an illustrious Example of this as Scotland dos and it may be charity to bring into the way such as are misled I have pitch'd upon the Scotish History wherin as I have only consulted their own Authors as my fittest Witnesses in this case so have I not as a just History but as far as concerns this purpose faithfully and as much as the thing would permit without glosses represented it so that any calm Understanding may conclude that the Vengeance which now is level'd against that Nation is but an attendent of this new introduc'd Person and that he himself tho for the present he seems a Log among his Frogs and suffers them to play about him yet God will suffer him if the English Army prevents not to turn Stork and devour them while their Crys shall not he heard as those that in spite of the warning of Providence and the light of their own Reasons for their own corrupt Interest and greedy Ambition brought these Miserys upon themselves An Instance of the preceding REASONS out of the SCOTISH HISTORY The Second Part. AND now we com to our main business which is the review of Story wherin we may find such a direct and uninterrupted Series such mutual Endearments between Prince and People and so many of them crown'd with happy Reigns and quiet Deaths two successively scarce dying naturally that we may conclude they have not only the most reason but a great deal of excellent Interest who espouse the Person and Quarrel of the hopeful Descendent of such a Family nor shall we be so injurious to the Glory of a Nation proud with a Catalogue of Names and Kings as to expunge a great part of their number tho som who have don it affirm there can be no probability that they had any other being than what HECTOR BOYES and the black book of Pasley out of which BUCHANAN had
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
is another thing but not always another Creature tho the Corruption of one coms at length to be the Generation of another The Corruption then of Monarchy is call'd Tyranny that of Aristocracy Oligarchy and that of Democracy Anarchy But Legislators having found these three Governments at the best to be naught have invented another consisting of a mixture of them all which only is good This is the Doctrin of the Antients BUT LEVIATHAN is positive that they are all deceiv'd and that there is no other Government in Nature than one of the three as also that the Flesh of them cannot stink the names of their Corruptions being but the names of mens Phansies which will be understood when we are shown which of them was Senatus Populusque Romanus TO go my own way and yet to follow the Antients the Principles of Government are twofold Internal or the goods of the Mind and External or the goods of Fortune The goods of the Mind are Goods of the Mind and of Fortune natural or acquir'd Virtues as Wisdom Prudence and Courage c. The goods of Fortune are Riches There be goods also of the Body as Health Beauty Strength but these are not to be brought into account upon this score because if a Man or an Army acquires Victory or Empire it is more from their Disciplin Arms and Courage than from their natural Health Beauty or Strength in regard that a People conquer'd may have more of natural Strength Beauty and Health and yet find little remedy The Principles of Government then are in the goods of the Mind or in the goods of Fortune To the goods of the Mind answers Authority to the goods of Fortune Power or Empire Empire and Authority Wherfore LEVIATHAN tho he be right where he says that Riches are Power is mistaken where he says that Prudence or the reputation of Prudence is Power for the Learning or Prudence of a Man is no more Power than the Learning or Prudence of a Book or Author which is properly Authority A learned Writer may have Authority tho he has no Power and a foolish Magistrat may have Power tho he has otherwise no Esteem or Authority The difference of these two is observ'd by LIVY in EVANDER of whom he says * Regebat magis Autoritate quam Imperio that he govern'd rather by the Authority of others than by his own Power Empire TO begin with Riches in regard that Men are hung upon these not of choice as upon the other but of necessity and by the teeth for as much as he who wants Bread is his Servant that will seed him if a Man thus seeds a whole People they are under his Empire Division of Empire EMPIRE is of two kinds Domestic and National or Foren and Provincial Domestic Empire Dominion DOMESTIC Empire is founded upon Dominion DOMINION is Property real or personal that is to say in Lands or in Mony and Goods Balance in Lands LANDS or the parts and parcels of a Territory are held by the Proprietor or Proprietors Lord or Lords of it in som proportion and such except it be in a City that has little or no Land and whose Revenue is in Trade as is the proportion or balance of Dominion or Property in Land such is the nature of the Empire Absolute Monarchy IF one Man be sole Landlord of a Territory or overbalance the People for example three parts in four he is Grand Signior for so the Turk is call'd from his Property and his Empire is absolute Monarchy Mix'd Monarchy IF the Few or a Nobility or a Nobility with the Clergy be Landlords or overbalance the People to the like proportion it makes the Gothic balance to be shewn at large in the second part of this Discourse and the Empire is mix'd Monarchy as that of Spain Poland and late of Oceana Popular Government AND if the whole People be Landlords or hold the Lands so divided among them that no one Man or number of Men within the compass of the Few or Aristocracy overbalance them the Empire without the interposition of Force is a Commonwealth Tyranny Oligarchy Anarchy IF Force be interpos'd in any of these three cases it must either frame the Government to the Foundation or the Foundation to the Government or holding the Government not according to the balance it is not natural but violent and therfore if it be at the devotion of a Prince it is Tyranny if at the devotion of the Few Oligarchy or if in the power of the People Anarchy Each of which Confusions the balance standing otherwise is but of short continuance because against the nature of the balance which not destroy'd destroys that which opposes it BUT there be certain other Confusions which being rooted in the balance are of longer continuance and of worse consequence as first where a Nobility holds half the Property or about that proportion and the People the other half in which case without altering the balance there is no remedy but the one must eat out the other as the People did the Nobility in Athens and the Nobility the People in Rome Secondly when a Prince holds about half the Dominion and the People the other half which was the case of the Roman Emperors planted partly upon their military Colonies and partly upon the Senat and the People the Government becoms a very shambles both of the Princes and the People Somwhat of this nature are certain Governments at this day which are said to subsist by confusion In this case to fix the balance is to entail misery but in the three former not to fix it is to lose the Government Wherfore it being unlawful in Turky that any should possess Land but the Grand Signior the balance is fix'd by the Law and that Empire firm Nor tho the Kings often fell was the Throne of Oceana known to shake until the Statute of Alienations broke the Pillars by giving way to the Nobility to sell their Estates * Si terra recedat Ionium Aegaeo frangat mare While Lacedemon held to the division of Land made by LYCURGUS it was immovable but breaking that could stand no longer This kind of Law fixing the balance in Lands is call'd Agrarian and was first introduc'd by God himself who divided the Land of Canaan to his People by Lots and is of such virtue that wherever it has held that Government has not alter'd except by consent as in that unparallel'd example of the People of Israel when being in liberty they would needs chuse a King But without an Agrarian Government whether Monarchical Aristocratical or Popular has no long Lease AS for Dominion personal or in Mony it may now and then stir up a MELIUS or a MANLIUS which if the Commonwealth be not provided with som kind of Dictatorian Power may be dangerous tho it has bin seldom or never successful because to Property producing Empire
it is requir'd that it should have som certain root or foothold which except in Land it cannot have being otherwise as it were upon the Wing Balance in Mony NEVERTHELESS in such Cities as subsist mostly by Trade and have little or no Land as Holland and Genoa the balance of Treasure may be equal to that of Land in the cases mention'd BUT LEVIATHAN tho he seems to scew at Antiquity following his furious Master CARNEADES has caught hold of the public Sword to which he reduces all manner and matter of Government as where he affirms this opinion that any Monarch receives his Power Pag. 89. by Covenant that is to say upon conditions to procede from the not understanding this easy truth That Covenants being but Words and Breath have no power to oblige contain constrain or protect any Man but what they have from the public Sword But as he said of the Law that without this Sword it is but Paper so he might have thought of this Sword that without a Hand it is but cold Iron The Hand which holds this Sword is the Militia of a Nation and the Militia of a Nation is either an Army in the field or ready for the field upon occasion But an Army is a Beast that has a great belly and must be fed wherfore this will com to what Pastures you have and what Pastures you have will com to the balance of Property without which the public Sword is but a name or mere spitfrog Wherfore to set that which LEVIATHAN says of Arms and of Contracts a little streighter Arms and Contracts he that can graze this Beast with the great belly as the Turk dos his Timariots may well deride him that imagins he receiv'd his Power by Covenant or is oblig'd to any such toy it being in this case only that Covenants are but Words and Breath But if the Property of the Nobility stock'd with their Tenants and Retainers be the pasture of that Beast the Ox knows his Master's Crib and it is impossible for a King in such a Constitution to reign otherwise than by Covenant or if he breaks it it is words that com to blows Pag. 90. BUT says he when an Assembly of Men is made Soverain then no Man imagins any such Covenant to have past in the Institution But what was that by PUBLICOLA of appeal to the People or that wherby the People had their Tribuns â—y says he no body is so dull as to say that the People of Rome made a Covenant with the Romans to hold the Soverainty on such or such conditions which not perform'd the Romans might depose the Roman People In which there be several remarkable things for he holds the Commonwealth of Rome to have consisted of one Assembly wheras it consisted of the Senat and the People That they were not upon Covenant wheras every Law enacted by them was a Covenant between them That the one Assembly was made Soverain wheras the People who only were Soverain were such from the beginning as appears by the antient stile of their Covenants or Laws * Censuere patres jussit populus The Senat has resolv'd the People have decreed That a Council being made Soverain cannot be made such upon conditions wheras the Decemvirs being a Council that was made Soverain was made such upon conditions That all Conditions or Covenants making a Soverain the Soverain being made are void whence Pag. 89. it must follow that the Decemviri being made were ever after the lawful Government of Rome and that it was unlawful for the Commonwealth of Rome to depose the Decemvirs as also that CICERO if he wrote otherwise out of his Commonwealth did not write out of Nature But to com to others that see more of this balance B. 5 3. 3 9. YOU have ARISTOTLE full of it in divers places especially where he says that immoderat Wealth as where One Man or the Few have greater Possessions than the Equality or the Frame of the Commonwealth will bear is an occasion of Sedition which ends for the greater part in Monarchy and that for this cause the Ostracism has bin receiv'd in divers places as in Argos and Athens But that it were better to prevent the growth in the beginning than when it has got head to seek the remedy of such an evil D. B. 1. c. 55. MACCHIAVEL has miss'd it very narrowly and more dangerously for not fully perceiving that if a Commonwealth be gall'd by the Gentry it is by their overbalance he speaks of the Gentry as hostil to popular Governments and of popular Governments as hostil to the Gentry and makes us believe that the People in such are so inrag'd against them that where they meet a Gentleman they kill him which can never be prov'd by any one example unless in civil War seeing that even in Switzerland the Gentry are not only safe but in honor But the Balance as I have laid it down tho unseen by MACCHIAVEL is that which interprets him and that which he confirms by his Judgment in many others as well as in this place where he concludes That he who will go about to make a Commonwealth where there be many Gentlemen unless he first destroys them undertakes an Impossibility And that he who goes about to introduce Monarchy where the condition of the People is equal shall never bring it to pass unless he cull out such of them as are the most turbulent and ambitious and make them Gentlemen or Noblemen not in name but in effect that is by inriching them with Lands Castles and Treasures that may gain them Power among the rest and bring in the rest to dependence upon themselves to the end that they maintaining their Ambition by the Prince the Prince may maintain his Power by them WHERFORE as in this place I agree with MACCHIAVEL that a Nobility or Gentry overbalancing a popular Government is the utter bane and destruction of it so I shall shew in another that a Nobility or Gentry in a popular Government not overbalancing it is the very life and soul of it The right of the Militia stated BY what has bin said it should seem that we may lay aside further disputes of the public Sword or of the right of the Militia which be the Government what it will or let it change how it can is inseparable from the overbalance in Dominion nor if otherwise stated by the â—aw or Custom as in the Commonwealth of Rome * Consules sine lege Curiata rem militarem attingere non potuerunt where the People having the Sword the Nobility came to have the overbalance avails it to any other end than destruction For as a Building swaying from the Foundation must fall so it fares with the Law swaying from Reason and the Militia from the balance of Dominion And thus much for the balance of National or Domestic Empire which is in Dominion The Balance of
the Interest of popular Government com the nearest to the Interest of Mankind then the Reason of popular Government must com the nearest to right Reason BUT it may be said that the diâ—ficulty remains yet for be the Interest of popular Government right Reason a Man dos not look upon Reason as it is right or wrong in it self but as it makes for him or against him Wherfore unless you can shew such Orders of a Government as like those of God in Nature shall be able to constrain this or that Creature to shake off that Inclination which is more peculiar to it and take up that which regards the common Good or Interest all this is to no more end than to persuade every man in a popular Government not to carve himself of that which he desires most but to be mannerly at the public Table and give the best from himself to Decency and the common Interest But that such Orders may be establish'd as may nay must give the upper hand in all cases to common Right or Interest notwithstanding the nearness of that which sticks to every man in privat and this in a way of equal certainty and facility is known even to Girls being no other than those that are of common practice with them in divers cases For example two of them have a Cake yet undivided which was given between them that each of them therfore may have that which is due Divide says one to the other and I will chuse or let me divide and you shall chuse If this be but once agreed upon it is enough for the divident dividing unequally loses in regard that the other takes the better half wherfore she divides equally and so both have right O the depth of the Wisdom of God! and yet by the mouths of Babes and Sucklings has he set forth his strength that which great Philosophers are disputing upon in vain is brought to light by two harmless Girls even the whole Mystery of a Commonwealth which lys only in dividing and chusing Nor has God if his Works in Nature be understood left so much to Mankind to dispute upon as who shall divide and who chuse but distributed them for ever into two Orders wherof the one has the natural right of dividing and the other of chusing For Example The Orders of popular Government in Nature A COMMONWEALTH is but a civil Society of Men let us take any number of Men as twenty and immediatly make a Commonwealth Twenty Men if they be not all Idiots perhaps if they be can never com so together but there will be such a difference in them that about a third will be wiser or at least less foolish than all the rest these upon acquaintance tho it be but small will be discover'd and as Stags that have the largest heads lead the herd for while the six discoursing and arguing one with another shew the eminence of their parts the fourteen discover things that they never thought on or are clear'd in divers Truths which had formerly perplex'd them Wherfore in matter of common concernment difficulty or danger they hang upon their lips as Children upon their Fathers and the influence thus acquir'd by the six the eminence of whose parts is found to be a stay and comfort to the fourteen is * Authoritas Patrum the Authority of the Fathers Wherfore this can be no other than a natural Aristocracy diffus'd by God throout the whole Body of Mankind to this end and purpose and therfore such as the People have not only a natural but a positive Obligation to make use of as their Guides as where the People of Israel are commanded to take wise men Deut. 1. 13. and understanding and known among their Tribes to be made Rulers over them The six then approv'd of as in the present case are the Senat not by hereditary Right or in regard of the greatness of their Estates only which would tend to such Power as might force or draw the People but by election for their excellent Parts which tends to the advancement of the influence of their Virtue or Authority that leads the People Wherfore the Office of the Senat is not to be Commanders but Counsellors of the People and that which is proper to Counsellors is first to debate and afterward to give advice in the business wherupon they have debated whence the Decrees of the Senat are never Laws nor so †Senatusconsulta call'd and these being maturely fram'd it is their duty ‖ Ferre ad Populum to propose in the case to the People Wherfore the Senat is no more than the debate of the Commonwealth But to debate is to discern or put a difference between things that being alike are not the same or it is separating and weighing this reason against that and that reason against this which is dividing The People THE Senat then having divided who shall chuse Ask the Girls for is she that divided must have chosen also it had bin little worse for the other in case she had not divided at all but kept the whole Cake to her self in regard that being to chuse too she divided accordingly Wherfore if the Senat have any farther power thanto divide the Commonwealth can never be equal But in a Commonwealth consisting of a single Council there is no other to chuse than that which divided whence it is that such a Council sails not to scramble that is to be factious there being no other dividing of the Cake in that case but among themselves NOR is there any remedy but to have another Council to chuse The Wisdom of the Few may be the Light of Mankind but the Interest of the Few is not the Profit of Mankind nor of a Common-wealth Wherfore seeing we have granted Interest to be Reason they must not chuse lest it put out their Light But as the Council dividing consists of the Wisdom of the Commonwealth so the Assembly or Council chusing should consist of the Interest of the Common-wealth as the Wisdom of the Commonwealth is in the Aristocracy so the Interest of the Commonwealth is in the whole body of the People And wheras this in case the Commonwealth consist of a whole Nation is too unweildy a body to be assembled this Council is to consist of such a Representative as may be equal and so constituted as can never contract any other Interest than that of the whole People the manner wherof being such as is best shewn by Exemplification I remit to the Model But in the present case the six dividing and the fourteen chusing must of necessity take in the whole interest of the twenty DIVIDING and chusing in the language of a Commonwealth is debating and resolving and whatsoever upon debate of the Senat is propos'd to the People and resolv'd by them is enacted * Authoritate Patrum jussu Populi by the authority of the Fathers and by the power of
the People which concurring make a Law The Magistracy BUT the Law being made says LEVIATHAN is but Words and Paper without the Hands and Swords of Men wherfore as those two Orders of a Commonwealth namely the Senat and the People are Legislative so of necessity there must be a third to be executive of the Laws made and this is the Magistracy in which order with the rest being wrought up by art the Commonwealth consists of the Senat proposing the People resolving and the Magistracy executing wherby partaking of the Aristocracy as in the Senat of the Democracy as in the People and of Monarchy as in the Magistracy it is complete Now there being no other Commonwealth but this in Art or Nature it is no wonder if MACCHIAVEL has shew'd us that the Antients held this only to be good but it seems strange to me that they should hold that there could be any other for if there be such a thing as pure Monarchy yet that there should be such a one as pure Aristocracy or pure Democracy is not in my understanding But the Magistracy both in number and function is different in different Commonwealths Nevertheless there is one condition of it that must be the same in every one or it dissolves the Commonwealth where it is wanting And this is no less than that as the hand of the Magistrat is the executive Power of the Law so the head of the Magistrat is answerable to the People that his execution be according to the Law by which LEVIATHAN may see that the hand or sword that executes the Law is in it and not above it The Orders of a Commonwealth in experience as that NOW whether I have rightly transcrib'd these Principles of a Commonwealth out of Nature I shall appeal to God and to the World To God in the Fabric of the Commonwealth of Israel and to the World in the universal Series of antâ—ent Prudence But in regard the same Commonwealths will be open'd at large in the Council of Legislators I shall touch them for the present but slightly beginning with that of Israel Of Israel THE Commonwealth of Israel consisted of the Senat the People and the Magistracy THE People by their first division which was genealogical were contain'd under their thirteen Tribes Houses or Familys wherof the firstborn in each was Prince of his Tribe and had the leading of it Numb 1. the Tribe of LEVI only being set apart to serve at the Altar had no other Prince but the High Priest In their second division they were divided locally by their Agrarian or the distribution of the Land of Josh ch 13 to ch 42. Canaan to them by lot the Tithe of all remaining to LEVI whence according to their local division the Tribes are reckon'd but twelve The People THE Assemblys of the People thus divided were methodically gather'd by Trumpets to the Congregation which was it should seem Numb 10. 7. of two sorts For if it were call'd by one Trumpet only the Princes of the Tribes and the Elders only assembl'd but if it were call'd Numb 10. 4. with two the whole People gather'd themselves to the Congregation Numb 10. 3. for so it is render'd by the English but in the Greec it is call'd Ecclesia Judg. 20. 2. or the Church of God and by the Talmudist the great Synagog The word Ecclesia was also antiently and properly us'd for the Civil Congregations or Assemblys of the People in Athens Lacedemon and Ephesus where it is so call'd in Scripture tho it be otherwise render'd Acts 19. 23. by the Translators not much as I conceive to their commendation seeing by that means they have lost us a good lesson the Apostles borrowing that name for their spiritual Congregations to the end that we might see they intended the Government of the Church to be Democratical or Popular as is also plain in the rest of their Constitutions THE Church or Congregation of the People of Israel assembl'd in a military manner and had the result of the Commonwealth or Judg. 20. 2. the power of confirming all their Laws tho propos'd even by God Exod. 19. himself as where they make him King and where they reject or depose him as Civil Magistrat and elect Saul It is manifest 1 Sam. 8. 7. that he gives no such example to a Legislator in a popular Government as to deny or evade the power of the People which were a contradiction but tho he deservedly blames the ingratitude of the People in that action he commands SAMUEL being next under himself Supreme Magistrat to hearken to their Voice for where the suffrage of the People gos for nothing it is no Commonwealth and comforts him saying They have not rejected thee but they have rejected me that I should not reign over them But to reject him that he should not reign over them was as Civil Magistrat to depose him The Power therfore which the People had to depose even God himself as he was Civil Magistrat leaves little doubt but that they had power to have rejected any of those Laws confirm'd by them throout the Deut. 29. Scripture which to omit the several parcels are generally contain'd under two heads those that were made by Covenant with the People in the Land of Moab and those which were made by Covenant with the People in Horeb which two I think amount to the whole body of the Israelitish Laws But if all and every one of the Laws of Israel being propos'd by God were no otherwise enacted than by Covenant with the People then that only which was resolv'd by the People of Israel was their Law and so the result of that Commonwealth was in the People Nor had the People the result only in matter of Law Josh 7. 16. Judg. 20. 8 9 10. 1 Sam. 7. 6 7 8. 1 Chron. 13. 2. 2 Chron. 30. 4. Judg. 11. 11. 1 Sam. 10. 17. 1 Mac. 14. Exod. 9. 3 4 5. Josh 7. 1 Sam. 10. but the Power in som cases of Judicature as also the right of levying War cognizance in matter of Religion and the election of their Magistrats as the Judg or Dictator the King the Prince which functions were exercis'd by the Synagoga magna or Congregation of Israel not always in one manner for somtimes they were perform'd by the suffrage of the People vivâ voce somtimes by the Lot only and at others by the Ballot or by a mixture of the Lot with the Suffrage as in the case of ELDAD and MEDAD which I shall open with the Senat. The Senat. THE Senat of Israel call'd in the Old Testament the seventy Elders and in the New the Sanhedrim which word is usually translated the Numb 11. Council was appointed by God and consisted of Seventy Elders besides Deut. 1. MOSES which were at first elected by the People but in what Numb 11. manner is rather
intimated than shewn Nevertheless because I cannot otherwise understand the passage concerning ELDAD and MEDAD of whom it is said that they were of them that were written but went not up to the Tabernacle then with the Talmudists I conceive that ELDAD and MEDAD had the suffrage of the Tribes and so were written as Competitors for Magistracy but coming afterwards to the lot fail'd of it and therfore went not up to the Tabernacle or place of Confirmation by God or to the Sessionhouse of the Senat with the Seventy upon whom the lot fell to be Senators for the Sessionhouse of the Sanhedrim was first in the Court of the Tabernacle and afterwards in that of the Temple where it came to be call'd the stone Chamber John or Pavement If this were the Ballot of Israel that of Venice is the same transpos'd for in Venice the Competitor is chosen as it were by the lot in regard that the Electors are so made and the Magistrat is chosen by the Suffrage of the great Council or Assembly of the People But the Sanhedrim of Israel being thus constituted MOSES for his time and after him his Successor sat in the midst of it as Prince or Archon and at his left hand the Orator or Father of the Senat the rest of the bench coming round with either horn like a Crescent had a Scribe attending upon the tip of it THIS Senat in regard the Legislator of Israel vvas infallible and the Laws given by God such as were not fit to be alter'd by men is much different in the exercise of their Power from all other Senats except that of the Areopagits in Athens which also was little more than a Supreme Judicatory for it will hardly as I conceive be found that the Sanhedrim propos'd to the People till the return of the Children of Israel out of Captivity under Esdras at which time there was a new Law made namely for a kind of Excommunication or rather Banishment which had never bin before in Israel Nevertheless it is not to be thought that the Sanhedrim had not always that right which from the time of Esdras it more frequently exercis'd of proposing to the People but that they forbore it in regard of the fulness and infallibility of the Law already made wherby it was needless Wherfore the function of this Council which is very rare in a Senat was executive The Magistracy and consisted in the administration of the Law made and wheras the Council it self is often understood in Scripture by the Priest Deut. 17. 9 10 11. and the Levit there is no more in that save only that the Priests and the Levits who otherwise had no Power at all being in the younger years of this Commonwealth those that were best study'd in the Laws were the most frequently elected into the Sanhedrim For the Courts consisting of three and twenty Elders sitting in the Gates of every City and the Triumvirats of Judges constituted almost in every Village which were parts of the executive Magistracy subordinat to the Sanhedrim I shall take them at better leisure and in the larger Discourse but these being that part of this Commonwealth which was instituted by MOSES upon the advice of JETHRO the Priest Exod. 18. of Midian as I conceive a Heathen are to me a sufficient warrant even from God himself who confirm'd them to make farther use of human Prudence wherever I find it bearing a Testimony to it self whether in Heathen Commonwealths or others And the rather because so it is that we who have the holy Scriptures and in them the Original of a Commonwealth made by the same hand that made the World are either altogether blind or negligent of it while the Heathens have all written theirs as if they had had no other Copy As to be more brief in the present account of that which you shall have more at large hereafter Of Athens ATHENS consisted of the Senat of the Bean proposing of the Church or Assembly of the People resolving and too often debating which was the ruin of it as also of the Senat of the Aropagits the nine Archons with divers other Magistrats executing Of Lacedemon LACEDEMON consisted of the Senat proposing of the Church or Congregation of the People resolving only and never debating which was the long life of it and of the two Kings the Court of the Ephors with divers other Magistrats executing Of Carthage CARTHAGE consisted of the Senat proposing and somtimes resolving too of the People resolving and somtimes debating too for which fault she was reprehended by ARISTOTLE and she had her Suffetes and her hundred Men with other Magistrats executing Of Rome ROME consisted of the Senat proposing the Concio or People resolving and too often debating which caus'd her storms as also of the Consuls Censors Aedils Tribuns Pretors Questors and other Magistrats executing Of Venice VENICE consists of the Senat or Pregati proposing and somtimes resolving too of the great Council or Assembly of the People in whom the result is constitutively as also of the Doge the Signory the Censors the Dieci the Quazancies and other Magistrats executing Of Switzerland and Holland THE proceding of the Commonwealths of Switzerland and Holland is of a like nature tho after a more obscure manner for the Soveraintys whether Cantons Provinces or Citys which are the People send their Deputys commission'd and instructed by themselves wherin they reserve the Result in their own power to the Provincial or general Convention or Senat where the Deputies debate but have no other power of Result than what was confer'd upon them by the People or is farther confer'd by the same upon farther occasion And for the executive part they have Magistrats or Judges in every Canton Province or City besides those which are more public and relate to the League as for adjusting Controversies between one Canton Province or City and another or the like between such persons as are not of the same Canton Province or City BUT that we may observe a little farther how the Heathen Politicians have written not only out of Nature but as it were out of Scripture As in the Commonwealth of Israel God is said to have bin King so the Commonwealth where the Law is King is said by ARISTOTLE to be the Kingdom of God And where by the Lusts or Passions of Men a Power is set above that of the Law deriving from Reason which is the dictat of God God in that sense is rejected or depos'd that he should not reign over them as he was in Israel Pag. 170. And yet LEVIATHAN will have it that by reading of these Greec and Latin he might as well in this sense have said Hebrew Authors young Men and all others that are unprovided of the antidot of solid Reason receiving a strong and delightful impression of the great Exploits of War atchiev'd by the Conductors of their
the one party endeavoring to preserve their Eminence and Inequality and the other to attain to Equality whence the People of Rome deriv'd their perpetual strife with the Nobility or Senat. But in an equal Commonwealth there can be no more strife than there can be overbalance in equal weights wherfore the Commonwealth of Venice being that which of all others is the most equal in the Constitution is that wherin there never happen'd any strife between the Senat and the People AN equal Commonwealth is such a one as is equal both in the balance or foundation and in the superstructure that is to say in her Agrarian Law and in her Rotation Equal Agrarian AN equal Agrarian is a perpetual Law establishing and preserving the balance of Dominion by such a distribution that no one Man or number of Men within the compass of the Few or Aristocracy can com to overpower the whole People by their possessions in Lands AS the Agrarian answers to the Foundation so dos Rotation to the Superstructures Rotation EQUAL Rotation is equal vicissitude in Government or succession to Magistracy confer'd for such convenient terms enjoying equal vacations as take in the whole body by parts succeding others thro the free election or suffrage of the People Prolongation of Magistracy THE contrary wherunto is prolongation of Magistracy which trashing the wheel of Rotation destroys the life or natural motion of a Commonwealth Ballot THE election or suffrage of the People is most free where it is made or given in such a manner that it can neither oblige * Qui beneficium accepit libertatem vendidit nor disoblige another nor thro fear of an Enemy or bashfulness towards a Friend impair a Man's liberty WHERFORE says CICERO †Grata populo est tabella quae frontes aperit hominum mentes tegit datque cam libertatem ut quod velint faciant the Tablet or Ballot of the People of Rome who gave their Votes by throwing Tablets or little pieces of Wood secretly into Urns mark'd for the negative or affirmative was a welcom Constitution to the People as that which not impairing the assurance of their brows increas'd the freedom of their Judgment I have not stood upon a more particular description of this Ballot because that of Venice exemplify'd in the Model is of all others the most perfect Definition of an equal Common-wealth AN equal Commonwealth by that which has bin said is a Government establish'd upon an equal Agrarian arising into the Superstructures or three Orders the Senat debating and proposing the People resolving and the Magistracy executing by an equal Rotation thro the suffrage of the People given by the Ballot For tho Rotation may be without the Ballot and the Ballot without Rotation yet the Ballot not only as to the insuing Model includes both but is by far the most equal way for which cause under the name of the Ballot I shall hereafter understand both that and Rotation too NOW having reason'd the Principles of an equal Commonwealth I should com to give an instance of such a one in experience if I could find it but if this work be of any value it lys in that it is the first example of a Commonwealth that is perfectly equal For Venice tho it coms the nearest yet is a Commonwealth for preservation and such a one considering the paucity of Citizens taken in and the number not taken in is externally unequal and tho every Commonwealth that holds Provinces must in that regard be such yet not to that degree Nevertheless Venice internally and for her capacity is by far the most equal tho it has not in my judgment arriv'd at the full perfection of equality both because her Laws supplying the defect of an Agrarian are not so clear nor effectual at the Foundation nor her Superstructures by the virtue of her Ballot or Rotation exactly librated in regard that thro the paucity of her Citizens her greater Magistracys are continually wheel'd thro a few hands as is consest by JANOTTI where he says that if a Gentleman coms once to be Savio di terra ferma it seldom happens that he fails from thenceforward to be adorn'd with som one of the greater Magistracys as Savi di mare Savi di terra ferma Savi Grandi Counsellors those of the Decemvirat or Dictatorian Council the Aurogatori or Censors which require no vacation or interval Wherfore if this in Venice or that in Lacedemon where the Kings were hereditary and the Senators tho elected by the People for life cause no inequality which is hard to be conceiv'd in a Commonwealth for preservation or such a one as consists of a few Citizens yet is it manifest that it would cause a very great one in a Commonwealth for increase or consisting of the Many which by ingrossing the Magistracys in a few hands would be obstructed in their Rotation BUT there be who say and think it a strong Objection that let a Commonwealth be as equal as you can imagin two or three Men when all is don will govern it and there is that in it which notwithstanding the pretended sufficiency of a popular State amounts to a plain confession of the imbecillity of that Policy and of the Prerogative of Monarchy for as much as popular Governments in difficult cases have had recourse to Dictatorian Power as in Rome TO which I answer That as Truth is a spark to which Objections are like bellows so in this respect our Commonwealth shines for the Eminence acquir'd by suffrage of the People in a Commonwealth especially if it be popular and equal can be ascended by no other steps than the universal acknowlegement of Virtue and where men excel in Virtue the Commonwealth is stupid and injust if accordingly they do not excel in Authority Wherfore this is both the advantage of Virtue which has her due incouragement and of the Commonwealth which has her due services These are the Philosophers which PLATO would have to be Princes the Princes which SOLOMON would have to be mounted and their Steeds are those of Authority not Empire or if they be buckl'd to the Chariot of Empire as that of the Dictatorian Power like the Chariot of the Sun it is glorious for terms and vacations or intervals And as a Commonwealth is a Government of Laws and not of Men so is this the Principality of Virtue and not of Man if that fail or set in one it rises in another * Uno avulso non deficit alter Aureus simili frondescit virga metallo who is created his immediat Successor And this takes away that vanity from under the Sun which is an Error proceding more or less from all other Rulers under Heaven but an equal Commonwealth THESE things consider'd it will be convenient in this place to speak a word to such as go about to insinuat to the Nobility or Gentry a fear of the People or to
or do hurt to business produces and must produce the quickest dispatch and the most righteous dictats of Justice that are perhaps in human nature The manner I shall not stand in this place to describe because it is exemplify'd at large in the Judicature of the People of Oceana And thus much of antient Prudence and the first branch of this preliminary Discourse The Second Part of the Preliminarys IN the second Part I shall endeavor to shew the Rise Progress and Declination of modern Prudence THE date of this kind of Policy is to be computed as was shewn from those Inundations of Goths Vandals Huns and Lombards that overwhelm'd the Roman Empire But as there is no appearance in the Bulk or Constitution of modern Prudence that it should ever have bin able to com up and grapple with the Antient so somthing of necessity must have interpos'd wherby this came to be enervated and that to receive strength and incouragement And this was the execrable Reign of the Roman Emperors taking rise from that foelix scelus the Arms of CAESAR in which storm the Ship of the Roman Commonwealth was forc'd to disburden it self of that precious Fraight which never since could emerge or raise its head but in the Gulf of Venice The Transition of Antient into Modern Prudence IT is said in Scripture Thy evil is of thy self O Israel To which answers that of the Moralists * Nemo nocetur nisi ex se None is hurt but by himself as also the whole matter of the Politics at present this Example of the Romans who thro a negligence committed in their Agrarian Laws let in the sink of Luxury and forfeited the inestimable Treasure of Liberty for themselves and their Posterity The Agrarian Laws of the Romans THEIR Agrarian Laws were such wherby their Lands ought to have bin divided among the People either without mention of a Colony in which case they were not oblig'd to change their abode or with mention and upon condition of a Colony in which case they Sigonius de Ant. Ro. were to change their abode and leaving the City to plant themselves upon the Lands so assign'd The Lands assign'd or that ought to have bin assign'd in either of these ways were of three kinds Such as were taken from the Enemy and distributed to the People or such as were taken from the Enemy and under color of being reserv'd to the Public use were thro stealth possest by the Nobility or such as were bought with the Public Mony to be distributed Of the Laws offer'd in these cases those which divided the Lands taken from the Enemy or purchas'd with the Public Mony never occasion'd any dispute but such as drove at dispossessing the Nobility of their Usurpations and dividing the common purchase of the Sword among the People were never touch'd but they caus'd Earthquakes nor could they ever be obtain'd by the People or being obtain'd be observ'd by the Nobility who not only preserv'd their prey but growing vastly rich upon it bought the People by degrees quite out of those Shares that had been confer'd upon them This the GRACCHI coming too late to perceive found the Balance of the Commonwealth to be lost but putting the People when they had least force by forcible means upon the recovery of it did ill seeing it neither could nor did tend to any more than to shew them by worse effects that what the Wisdom of their Leaders had discover'd was true For quite contrary to what has happen'd in Oceana where the Balance falling to the People they have overthrown the Nobility that Nobility of Rome under the conduct of SYLLA overthrew the People and the Common-wealth seeing SYLLA first introduc'd that new Balance which was Military Colonys the Foundation of the succeding Monarchy in the plantation of Military Colonys instituted by his distribution of the conquer'd Lands not now of Enemys but of Citizens to forty seven Legions of his Soldiers so that how he came to be PERPETUAL DICTATOR or other Magistrats to succede him in like Power is no Miracle The Balance of the Roman Empire THESE Military Colonys in which manner succeding Emperors continu'd as AUGUSTUS by the distribution of the Veterans wherby he had overcom BRUTUS and CASSIUS to plant their Soldiery consisted of such as I conceive were they that are call'd Milites beneficiarii in regard that the Tenure of their Lands was by way of Benefices that is for Life and upon condition of Duty or Service in the War upon their own Charge These Benefices ALEXANDER SEVERUS granted to the Heirs of the Incumbents but upon the same conditions And such was the Dominion by which the Roman Emperors gave their Balance But to the Beneficiarys as was no less than necessary for the safety of the Prince a matter of eight thousand by the Example of AUGUSTUS were added which departed not from his sides but were his perpetual Guard call'd Pretorian Bands tho these according to the incurable flaw already observ'd in this kind of Government became the most frequent Butchers of their Lords that are to be found in Story Thus far the Roman Monarchy is much the same with that at this day in Turky consisting of a Camp and a Horsequarter a Camp in regard of the Spahys and Janizarys the perpetual Guard of the Prince except they also chance to be liquorish after his Blood and a Horsequarter in regard of the distribution of his whole Land to Tenants for Life upon condition of continual Service or as often as they shall be commanded at their own charge by Timars being a word which they say signifys Benefices that it shall save me a labor of opening the Government BUT the Fame of MAHOMET and his Prudence is especially founded in this That wheras the Roman Monarchy except that of Israel was the most imperfect the Turkish is the most perfect that ever was Which happen'd in that the Roman as the Israelitish of the Sanhedrim and the Congregation had a mixture of the Senat and the People and the Turkish is pure And that this was pure and the other mix'd happen'd not thro the Wisdom of the Legislators but the different Genius of the Nations the People of the Eastern Parts except the Israelits which is to be attributed to their Agrarian having bin such as scarce ever knew any other Condition than that of Slavery and these of the Western having ever had such a relish of Liberty as thro what despair soever could never be brought to stand still while the Yoke was putting on their Necks but by being sed with som hopes of reserving to themselves som part of their Freedom WHERFORE JULIUS CAESAR saith * Comitia cum populo sâ—rtitus est SUETONIUS Dion contented himself in naming half the Magistrats to leave the rest to the suffrage of the People And MAECENAS tho he would not have AUGUSTUS to give the People their Liberty would not have
were about a dozen of them inscrib'd with the letter P. wherby the Counsillors that drew them became Prytans THE Prytans were a Committee or Council sitting in the great Hall of Pantheon to whom it was lawful for any man to offer any thing in order to the Fabric of the Commonwealth for which cause that they might not be opprest by the throng there was a Rail about the Table where they sat and on each side of the same a Pulpit that on the right hand for any man that would propose any thing and that on the left for any other that would oppose him And all Partys being indemnify'd by Proclamation of the ARCHON were invited to dispute their own Interests or propose whatever they thought fit in order to the future Government to the Council of the Prytans who having a Guard of about two or three hundred men lest the heat of dispute might break the peace had the Right of Moderators and were to report from time to time such Propositions or Occurrences as they thought fit to the Council of Legislators sitting more privatly in the Palace call'd Alma THIS was that which made the People who were neither safely to be admitted nor conveniently to be excluded in the framing of the Commonwealth verily believe when it came forth that it was no other than that wherof they themselves had bin the makers MOREOVER this Council sat divers months after the publishing and during the promulgation of the Model to the People by which means there is scarce any thing was said or written for or against the said Model but you shall have it with the next impression of this work by way of Oration addrest to and moderated by the Prytans BY this means the Council of Legislators had their necessary Solitude and due aim in their greater work as being acquainted from time to time with the pulse of the People and yet without any manner of interruption or disturbance WHERFORE every Commonwealth in its place having bin open'd by due Method that is First by the People Secondly by the Senat And Thirdly by the Magistracy The Council upon mature debate took such results or orders out of each and out os every part of each of them as upon opening the same they thought fit which being put from time to time in writing by the Clere or Secretary there remain'd no more in the conclusion than putting the Orders so taken together to view and examin them with a diligent ey that it might be clearly discover'd whether they did interfere or could any wise com to interfere or jostle one with the other For as such Orders jostling or coming to jostle one another are the certain dissolution of the Commonwealth so taken upon the proof of like experience and neither jostling nor shewing which way they can possibly com to jostle one another they make a perfect and for ought that in human Prudence can be foreseen an immortal Commonwealth AND such was the Art wherby my Lord ARCHON taking Counsil of the Commonwealth of Israel as of MOSES and of the rest of the Commonwealths as of JETHRO fram'd the Model of the Commonwealth of Oceana THE MODEL OF THE Commonwealth of OCEANA WHERAS my Lord ARCHON being from MOSES and LYCURGUS the first Legislator that hitherto is found in History to have introduc'd or erected an intire Common-wealth at once happen'd like them also to be more intent upon putting the same into execution or action than into writing by which means the Model came to be promulgated or publish'd with more brevity and less illustration than is necessary for their understanding who have not bin acquainted with the whole Procedings of the Council of Legislators and of the Prytans where it was asserted and clear'd from all objections and doubts To the end that I may supply what was wanting in the promulgated Epitome to a more full and perfect Narrative of the whole I shall rather take the Commonwealth practically and as it has now given an account of it self in som years Revolutions as DICEARCHUS is said to have don that of Lacedemon first transcrib'd Suidas by his hand som three or four hundred years after the Institution yet not omitting to add for proof to every Order such Debates and Speeches of the Legislators in their Council or at least such parts of them as may best discover the reason of the Government nor such ways and means as were us'd in the institution or rise of the Building not to be so well conceiv'd without som knowlege given of the Engins wherwithal the mighty Weight was mov'd But thro the intire omission of the Council of Legislators or Workmen that squar'd every stone to this Structure in the Quarrys of antient Prudence the proof of the first part of this Discourse will be lame except I insert as well for illustration as to avoid frequent repetition three remarkable Testimonys in this place Exod. 18. 24. THE first is taken out of the Commonwealth of Israel So MOSES hearken'd to the voice of JETHRO his Father in law and did all that he had said And MOSES chose able men out of all Israel and Numb 1. 16. made them heads over the People Tribuns as it is in the vulgar Latin or Phylarchs that is Princes of the Tribes sitting upon twelve * Sellis Curulibus Grot. Thrones Matth. and judging the twelve Tribes of Israel and next to these he chose Rulers of Thousands Rulers of Hundreds Rulers of Fiftys and Rulers of Tens which were the steps or rise of this Commonwealth from its foundation or root to its proper elevation or accomplishment in the Sanhedrim and the Congregation already open'd in the Preliminarys THE Second is taken out of Lacedemon as LYCURGUS for the greater impression of his Institutions upon the minds of his Citizens pretended to have receiv'd the Model of that Commonwealth from the Oracle of APOLLO at Delphos the words wherof are thus recorded by PLUTARCH in the Life of that famous Legislator When thou Crag de Rep. Lac. lib. 1. c. 6. shalt have divided the People into Tribes which were six and Obas which were five in every Tribe thou shalt constitute the Senat consisting with the two Kings of thirty Counsillors who according as occasion requires shall cause the Congregation to be assembled between the Bridg and the River Gnacion where the Senat shall propose to the People and dismiss them without suffering them to debate The Obâ— were Linages into which every Tribe was divided and in each Tribe there was another Division containing all those of the same that were of military Age which being call'd the Mora was subdivided into Troops and Companys that were held in perpetual Disciplin under the Command of a Magistrat call'd the Polemarch THE Third is taken out of the Commonwealth of Rome or those parts of it which are compriz'd in the first and second Books of LIVY where the People according to the institution
the end they may be the better protected by the State in the free exercise of the same they are desir'd to make choice in such manner as they best like of certain Magistrats in every one of their Congregations which we could wish might be four in each of them to be Auditors in cases of differences or distast if any thro variety of opinions that may be grievous or injurious to them should fall out And such Auditors or Magistrats shall have power to examin the matter and inform themselves to the end that if they think it of sufficient weight they may acquaint the Phylarch with it or introduce it into the Council of Religion where all such Causes as those Magistrats introduce shall from time to time be heard and determin'd according to such Laws as are or shall hereafter be provided by the Parlament for the just defence of the Liberty of Conscience THIS Order consists of three parts the first restoring the power of Ordination to the People which that it originally belongs to them is clear tho not in English yet in Scripture where the Apostles ordain'd Acts 14. 23. Elders by the holding up of hands in every Congregation that is by the suffrage of the People which was also given in som of those Citys by the Ballot And tho it may be shewn that the Apostles ordain'd som by the laying on of hands it will not be shewn that they did so in every Congregation EXCOMMUNICATION as not clearly provable out of the Scripture being omitted the second part of the Order implys and establishes a National Religion for there be degrees of Knowlege in divine things true Religion is not to be learnt without searching the Scriptures the Scriptures cannot be search'd by us unless we have them to search and if we have nothing else or which is all one understand nothing else but a Translation we may be as in the place alleg'd we have bin beguil'd or misled by the Translation while we should be searching the true sense of the Scripture which cannot be attain'd in a natural way and a Commonwealth is not to presume upon that which is supernatural but by the knowlege of the Original and of Antiquity acquir'd by our own studys or those of som others for even Faith coms by hearing Wherfore a Commonwealth not making provision of men from time to time knowing in the original Languages wherin the Scriptures were written and vers'd in those Antiquitys to which they so frequently relate that the true sense of them depends in great part upon that Knowlege can never be secure that she shall not lose the Scripture and by consequence her Religion which to preserve she must institute som method of this Knowlege and som use of such as have acquir'd it which amounts to a National Religion THE Commonwealth having thus perform'd her duty towards God as a rational Creature by the best application of her Reason to Scripture and for the preservation of Religion in the purity of the same yet pretends not to Infallibility but coms in the third part of the Order establishing Liberty of Conscience according to the Instructions given to her Council of Religion to raise up her hands to Heaven for further light in which proceding she follows that as was shewn in the Preliminarys of Israel who tho her National Religion was always a part of her Civil Law gave to her Prophets the upper hand of all her Orders Definition of a Parish BUT the Surveyors having now don with the Parishes took their leaves so a Parish is the first division of Land occasion'd by the first Collection of the People of Oceana whose Function proper to that place is compriz'd in the six preceding Orders Institution of the Hundred THE next step in the progress of the Surveyors was to a meeting of the nearest of them as their work lay by twentys where conferring their Lists and computing the Deputys contain'd therin as the number of them in Parishes being nearest Neighbors amounted to one hundred or as even as might conveniently be brought with that account they cast them and those Parishes into the Precinct which be the Deputys ever since more or fewer is still call'd the Hundred and to every one of these Precincts they appointed a certain place being the most convenient Town within the same for the annual Rendevouz which don each Surveyor returning to his Hundred and summoning the Deputys contain'd in his Lists to the Rendevouz they appear'd and receiv'd 7. Order THE seventh ORDER requiring That upon the first Monday next insuing the last of January the Deputys of every Parish annually assemble in Arms at the Rendevouz of the Hundred and there elect out of their number one Justice of the Peace one Juryman one Captain one Ensign of their Troop or Century each of these out of the Horse and one Juryman one Crowner one High Constable out of the Foot the Election to be made by the Ballot in this manner The Jurymen for the time being are to be Overseers of the Ballot instead of these the Surveyors are to officiat at the first Assembly and to look to the performance of the same according to what was directed in the Ballot of the Parishes saving that the High Constable setting forth the Vrn shall have five several sutes of Gold Balls and one dozen of every sute wherof the first shall be mark'd with the Letter A the second with the letter B the third with C the fourth with D and the fifth with E and of each of these sutes he shall cast one Ball into his Hat or into a little Vrn and shaking the Balls together present them to the first Overseer who shall draw one and the sute which is so drawn by the Overseer shall be of use for that day and no other for example if the Overseer drew an A the High Constable shall put seven Gold Balls mark'd with the letter A into the Vrn with so many Silver ones as shall bring them even with the number of the Deputys who being sworn as before at the Ballot of the Parish to make a fair Election shall be call'd to the Vrn and every man coming in manner as was there shew'd shall draw one Ball which if it be Silver he shall cast it into a Bowl standing at the foot of the Vrn and return to his place but the first that draws a Gold Ball shewing it to the Overseers who if it has not the letter of the present Ballot have power to apprehend and punish him is the first Elector the second the second Elector and so to the seventh which Order they are to observe in their function The Electors as they are drawn shall be plac'd upon the Bench by the Overseers till the whole number be complete and then be conducted with the List of the Officers to be chosen into a Place apart where being privat the first Elector shall name a Person to the first
to say with 36 Gold Balls in the middle Vrn making four Orders and nine Electors in every Order according to the number of the Magistrats in the List of the Galaxy which is as follows 1. Knight to be chosen out of the Horse 2. Knight 3. Deputy to be chosen out of the Horse 4. Deputy 5. Deputy 6. Deputy to be chosen out of the Foot 7. Deputy 8. Deputy 9. Deputy THE rest of the Ballot shall procede exactly according to that of the first day But forasmuch as the Commonwealth demands as well the fruits of a mans body as of his mind he that has not bin marry'd shall not be capable of these Magistracys till he be marry'd If a Deputy already chosen to be an Officer in the Parish in the Hundred or in the Tribe be afterwards chosen of the Galaxy it shall be lawful for him to delegat his Office in the Parish in the Hundred or in the Tribe to any one of his own Order being not already chosen into Office The Knights and Deputys being chosen shall be brought to the head of the Tribe by the Lord High Sherif who shall administer to them this Oath Ye shall well and truly observe and keep the Orders and Customs of this Commonwealth which the People have chosen And if any of them shall refuse the Oath he shall be rejected and that Competitor which had the most voices next shall be call'd in his place who if he takes the Oath shall be entred in the List but if he also refuses the Oath he who had most voices next shall be call'd and so till the number of nine out of those Competitors which had most voices be sworn Knights and Deputys of the Galaxy This Clause in regard of the late Divisions and to the end that no violence be offer'd to any mans Conscience to be of force but for the first three years only The Knights of the Galaxy being elected and sworn are to repair by the Monday next insuing the last of March to the Pantheon or Palace of Justice situated in the Metropolis of this Commonwealth except the Parlament by reason of a contagious Sickness or som other occasion has adjourn'd to another part of the Nation where they are to take their places in the Senat and continue in full Power and Commission as Senators for the full term of three years next insuing the date of their Election The Deputys of the Galaxy are to repair by the same day except as before excepted to the Halo situated in Emporium where they are to be listed of the Prerogative Tribe or equal Representative of the People and to continue in full Power and Commission as their Deputys for the full term of three years next insuing their Election But forasmuch as the term of every Magistracy or Office in this Commonwealth requires an equal vacation a Knight or Deputy of the Galaxy having fulfil'd his term of three years shall not be reelected into the same Galaxy or any other till he has also fulfil'd his three years vacation WHOEVER shall rightly consider the foregoing Orders will be as little able to find how it is possible that a worshipful Knight should declare himself in Ale and Beef worthy to serve his Country as how my Lord High Sherifs Honor in case he were protected from the Law could play the knave But tho the foregoing Orders so far as they regard the Constitution of the Senat and the People requiring no more as to an ordinary Election than is therin explain'd that is but one third part of their Knights and Deputys are perfect yet must we in this place and as to the Institution of necessity erect a Scaffold For the Commonwealth to the first creation of her Councils in full number requir'd thrice as many as are eligible by the foregoing Orders Wherfore the Orator whose aid in this place was most necessary rightly informing the People of the reason staid them two days longer at the Muster and took this course One List containing two Knights and seven Deputys he caus'd to be chosen upon the second day which List being call'd the first Galaxy qualify'd the Partys elected of it with power for the term of one year and no longer another List containing two Knights and seven Deputys more he caus'd to be chosen the third day which List being call'd the second Galaxy qualify'd the Partys elected of it with Power for the term of two years and no longer And upon the fourth day he chose the third Galaxy according as it is directed by the Order impower'd for three years which Lists successively falling like the Signs or Constellations of one Hemisphere which setting cause those of the other to rise cast the great Orbs of this Commonwealth into an annual triennial and perpetual Revolution THE business of the Muster being thus happily finish'd HERMES DE CADUCEO Lord Orator of the Tribe of Nubia being now put into her first Rapture caus'd one of the Censors Pulpits to be planted in front of the Squadron and ascending into the same spake after this manner My Lords the Magistrats and the People of the Tribe of Nubia WE have this day solemniz'd the happy Nuptials of the two greatest Princes that are upon the Earth or in Nature ARMS and COUNCILS in the mutual Embraces wherof consists your whole COMMONWEALTH whose Councils upon their perpetual Wheelings Marches and Countermarches create her Armys and whose Armys with the golden Vollys of the BALLOT at once create and salute her Councils There be those such is the World at present that think it ridiculous to see a Nation exercising its Civil Functions in Military Disciplin while they committing their Buff to their Servants com themselves to hold Trenchards For what avails it such as are unarm'd or which is all one whose Education acquaints them not with the proper use of their Swords to be call'd Citizens What were two or three thousand of you tho never so well affected to your Country but naked to one Troop of Mercenary Soldiers If they should com upon the Field and say Gentlemen It is thought fit that such and such Men should be chosen by you where were your Liberty Or Gentlemen Parlaments are exceding good but you are to have a little patience these times are not so fit for them where were your Commonwealth What causes the Monarchy of the Turâ—s but Servants in Arms What was it that begot the glorious Commonwealth of Rome but the Sword in the hands of her Citizens Wherfore my glad eys salute the Serenity and Brightness of this day with a showr that shall not cloud it Behold the Army of Israel becom a Commonwealth and the Commonwealth of Israel remaining an Army with her Rulers of Tens and of Fiftys her Rulers of Hundreds and Thousands drawing near as this day throout our happy Fields to the Lot by her Tribes increas'd above threefold and led up by her Phylarchs or Princes to sit upon * * Sellis
he shall not leave or give to any one of them in Marriage or otherwise for her Portion above the value of one thousand five hundred Pounds in Lands Goods and Monys Nor shall any Friend Kinsman or Kinswoman add to her or their Portion or Portions that are so provided for to make any one of them greater Nor shall any man demand or have more in marriage with any Woman Nevertheless an Heiress shall enjoy her lawful Inheritance and a Widow whatsoever the Bounty or Affection of her Husband shall bequeath to her to be divided in the first Generation wherin it is divisible according as has bin shewn SECONDLY For Lands lying and being within the Territorys of Marpesia the Agrarian shall hold in all parts as it is establish'd in Oceana except only in the Standard or Proportion of Estates in Land which shall be set for Marpesia at five hundred Pounds And THIRDLY For Panopea the Agrarian shall hold in all parts as in Oceana And whosoever possessing above the proportion allow'd by these Laws shall be lawfully convicted of the same shall forfeit the Overplus to the use of the State AGRARIAN Laws of all others have ever bin the greatest Bugbears and so in the Institution were these at which time it was ridiculous to see how strange a fear appear'd in every body of that which being good for all could hurt no body But instead of the proof of this Order I shall out of those many Debates that happen'd e're it could be past insert two Speeches that were made at the Council of Legislators the first by the Right Honorable PHILAUTUS DE GARBO a young Man being Heir apparent to a very Noble Family and one of the Counsillors who exprest himself as follows May it please your Highness my Lord ARCHON of Oceana IF I did not to my capacity know from how profound a Counsillor I dissent it would certainly be no hard task to make it as light as the day First That an Agrarian is altogether unnecessary Secondly That it is dangerous to a Commonwealth Thirdly That it is insufficient to keep out Monarchy Fourthly That it ruins Familys Fifthly That it destroys Industry And last of all that tho it were indeed of any good use it will be a matter of such difficulty to introduce in this Nation and so to settle that it may be lasting as is altogether invincible FIRST That an Agrarian is unnecessary to a Commonwealth what clearer Testimony can there be than that the Commonwealths which are our Cotemporarys Venice to which your Highness gives the upper hand of all Antiquity being one have no such thing And there can be no reason why they have it not seeing it is in the Soverain Power at any time to establish such an Order but that they need it not wherfore no wonder if ARISTOTLE who pretends to be a good Commonwealthsman has long since derided PHALEAS to whom it was attributed by the Greecs for his invention SECONDLY That an Agrarian is dangerous to a Common-wealth is affirm'd upon no slight Authority seeing MACCHIAVEL is positive that it was the Dissension which happen'd about the Agrarian that caus'd the Destruction of Rome nor do I think that it did much better in Lacedemon as I shall shew anon THIRDLY That it is insufficient to keep out Monarchy cannot without impiety be deny'd the holy Scriptures bearing witness that the Commonwealth of Israel notwithstanding her Agrarian submitted her neck to the arbitrary Yoke of her Princes FOURTHLY Therfore to com to my next Assertion That it is destructive to Familys this also is so apparent that it needs pity rather than proof Why alas do you bind a Nobility which no Generation shall deny to have bin the first that freely sacrific'd their Blood to the antient Libertys of this People on an unholy Altar Why are the People taught That their Liberty which except our noble Ancestors had bin born must have long since bin bury'd cannot now be born except we be bury'd A Common-wealth should have the innocence of the Dove Let us leave this purchase of her Birth to the Serpent which eats it self out of the womb of its Mother FIFTHLY But it may be said perhaps that we are fallen from our first Love becom proud and idle It is certain my Lords that the hand of God is not upon us for nothing But take heed how you admit of such assaults and sallys upon Mens Estates as may slacken the Nerve of Labor and give others also reason to believe that their Sweat is vain or else whatsoever be pretended your Agrarian which is my Fifth Assertion must indeed destroy Industry For that so it did in Lacedemon is most apparent as also that it could do no otherwise where every Man having his 40 Quarters of Barly with Wine proportionable supply'd him out of his own Lot by his Laborer or Helot and being confin'd in that to the scantling above which he might not live there was not any such thing as a Trade or other Art except that of War in exercise Wherfore a Spartan if he were not in Arms must sit and play with his fingers whence insu'd perpetual War and the Estate of the City being as little capable of increase as that of the Citizens her inevitable Ruin Now what better ends you can propose to your selves in the like ways I do not so well see as I perceive that there may be worse For Lacedemon yet was free from Civil War But if you imploy your Citizens no better than she did I cannot promise you that you shall fare so well because they are still desirous of War that hope it may be profitable to them and the strongest Security you can give of Peace is to make it gainful Otherwise Men will rather chuse that wherby they may break your Laws than that wherby your Laws may break them Which I speak not so much in relation to the Nobility or such as would be holding as to the People or them that would be getting the passion in these being so much the stronger as a Man's felicity is weaker in the fruition of things than in their prosecution and increase TRULY my Lords it is my fear that by taking of more hands and the best from Industry you will further indamage it than can be repair'd by laying on a few and the worst while the Nobility must be forc'd to send their Sons to the Plow and as if this were not enough to marry their Daughters also to Farmers SIXTHLY But I do not see to com to the last point how it is possible that this thing should be brought about to your good I mean tho it may to the destruction of many For that the Agrarian of Israel or that of Lacedemon might stand is no such miracle the Lands without any consideration of the former Proprietor being survey'd and cast into equal Lots which could neither be bought nor sold nor multiply'd so that they knew wherabout to have a Man But
and the Council having receiv'd such information shall procede according to their own Judgments in the preparation of the whole matter for the Senat That so the Interest of the Learned being remov'd there may be a right application of Reason to Scripture which is the Foundation of the National Religion SECONDLY This Council as to the protection of the Liberty of Conscience shall suffer no coercive Power in the matter of Religion to be exercis'd in this Nation The Teachers of the National Religion being no other than such as voluntarily undertake that calling and their Auditors or Hearers no other than are also voluntary Nor shall any gather'd Congregation be molested or interrupted in their way of Worship being neither Jewish nor Idolatrous but vigilantly and vigorously protected and defended in the Injoyment Practice and Profession of the same And if there be Officers or Auditors appointed by any such Congregation for the introduction of Causes into the Council of Religion all such Causes so introduc'd shall be receiv'd heard and determin'd by the same with recourse had if need be to the Senat. THIRDLY Every Petition addrest to the Senat except that of a Tribe shall be receiv'd examin'd and debated by this Council and such only as they upon such examination and debate had shall think fit may be introduc'd into the Senat. For the Council of Trade THE Council of Trade being the Vena Porta of this Nation shall hereafter receive Instructions more at large For the present their Experience attaining to a right understanding of those Trades and Mâ—sterys that feed the Veins of this Commonwealth and a true distinction of them from those that suck or exhaust the same they shall acquaint the Senat with the Conveniences and Inconveniences to the end that Incouragement may be apply'd to the one and Remedy to the other For the Academy of the Provosts THE Academy of the Provosts being the Affability of the Common-wealth shall assemble every day towards the Evening in a fair Room having certain withdrawing Rooms therto belonging And all sorts of Company that will repair thither for Conversation or Discourse so it be upon matters of Government News or Intelligence or to propose any thing to the Councils shall be freely and affably receiv'd in the outer Chamber and heard in the way of civil Conversation which is to be manag'd without any other Aw or Ceremony than is therto usually appertaining to the end that every Man may be free and that what is propos'd by one may be argu'd or discours'd by the rest except the matter be of secrecy in which case the Provosts or som of them shall take such as desire Audience into one of the withdrawing Rooms And the Provosts are to give their minds that this Academy be so govern'd adorn'd and preserv'd as may be most attractive to Men of Parts and good Affections to the Commonwealth for the excellency of the Conversation FVRTHERMORE If any Man not being able or willing to com in person has any advice to give which he judges may be for the good of the Commonwealth he may write his mind to the Academy of the Provosts in a Letter sign'd or not sign'd which Letter shall be left with the Doorkeeper of the Academy Nor shall any Person delivering such a Letter be seiz'd molested or detain'd tho it should prove to be a Libel But the Letters so deliver'd shall be presented to the Provosts and in case they be so many that they cannot well be perus'd by the Provosts themselves they shall distribute them as they please to be read by the Gentlemen of the Academy who finding any thing in them material will find matter of Discourse Or if they happen upon a business that requires privacy return it with a Note upon it to a Provost And the Provosts by the Secretarys attending shall cause such Notes out of Discourses or Letters to be taken as they please to the end that they may propose as occasion serves what any two of them shall think sit out of their Notes so taken to their respective Councils to the end that not only the Ear of the Commonwealth be open to all but that Men of such Education being in her ey she may upon emergent Elections or Occasions be always provided of her choice of sit Persons â—or the Attendance of the Councils EVERY Council being adorn'd with a State for the Signory shall be attended by two Secretarys two Doorkeepers and two Messengers in ordinary and have power to command more upon Emergencys as occasion requires And the Academy shall be attended with two Secretarys two Messengers and two Doorkeepers this with the other Councils being provided with their farther Conveniences at the charge of the State For the Dicâ—atâ—r BVT wheras it is incident to Commonwealths upon Emergencys requiring extraordinary speed or secrecy either thro their natural delays or unnatural hast to incur equal danger while holding to the slow pace of their Orders they com not in time to defend themselves from som sudden blow or breaking them for the greater speed they but hast to their own destruction If the Senat shall at any time make Election of nine Knights extraordinary to be added to the Council of War as a Juncta for the term of three Months the Council of War with the Juncta so added is for the term of the same Dictator of Oceana having power to levy Men and Mony to make War and Peace as also to enact Laws which shall be good for the space of one year if they be not sooner repeal'd by the Senat and the People and for no longer time except they be confirm'd by the Senat and the People And the whole Administration of the Commonwealth for the term of the said three Months shall be in the Dictator provided that the Dictator shall have no Power to do any thing that tends not to his proper end and institution but all to the preservation of the Commonwealth as it is establish'd and for the sudden restitution of the same to the natural Channel and common course of Government And all Acts Orders Decrees or Laws of the Council of War with the Juncta being thus created shall be sign'd DICTATOR OCEANAE THIS Order of Instructions to the Councils being as in a matter of that nature is requisit very large I have us'd my best skill to abbreviat it in such manner as might shew no more of it than is necessary to the understanding of the whole tho as to the parts or further dutys of the Councils I have omitted many things of singular use in a Commonwealth But it was discours'd at the Council by the ARCHON in this manner My Lords the Legislators YOUR Councils except the Dictator only are proper and native Springs and Sources you see which hanging a few sticks and straws that as less considerable would otherwise be more troublesom upon the banks of their peculiar Channels derive the full stream
extraordinary gives at once the Commission and takes security in a balance added to the Council of War tho securer before by the Tribuns of the People than that of Venice which yet never incur'd Jealousy For if the younger Nobility have bin often girding at it that happen'd not so much thro the apprehension of danger in it to the Commonwealth as thro the aw of it upon themselves Wherfore the Graver have doubtlesly shewn their Prudence in the Law wherby the Magistracy of these Counsillors being to last till their Successors be created the Council is establish'd THE Instructions of the Councils for their matter being shewn it remains that I shew the Instructions for the manner of their proceding as they follow in 20. Order Instructions for the Councils as to their manner of Proceding THE twentieth ORDER containing the Method of Debates to be observ'd by the Magistrats and the Councils successively in order to a Decree of the Senat. THE Magistrats of the Signory as Counsillors of this Commonwealth shall take into their consideration all matters of State or of Government and having right to propose in any Council may any one or more of them propose what business he or they please in that Council to which it most properly belongs And that the Councils may be held to their duty the said Magistrats are superintendents and inspectors of the same with right to propose to the Senat. THE Censors have equal Power with these Magistrats but in relation to the Council of Religion only ANY two of the three Provosts in every Council may propose to and are the more peculiar Proposers of the same Council to the end that there be not only an inspection and superintendency of business in general but that every work be also committed to a peculiar hand ANY one or more of the Magistrats or any two of the Provosts respectively having propos'd the Council shall debate the business so propos'd to which they of the third Region that are willing shall speak first in their order they of the second next and they of the first last and the opinions of those that propos'd or spoke as they shall be thought the most considerable by the Council shall be taken by the Secretary of the same in writing and each of them sign'd with the name of the Author THE Opinions being thus prepar'd any Magistrat of the Signory the Censor or any two of the Provosts of that Council upon this occasion may assemble the Senat. THE Senat being assembled the Opinions for example if they be four shall be read in their Order that is according to the Order or Dignity of the Magistrats or Counsillors by which they were sign'd And being read if any of the Council introducing them will speak they as best acquainted with the business shall have precedence and after them the Senators shall speak according to their Regions beginning by the third first and so continuing till every man that will has spoken and when the Opinions have bin sufficiently debated they shall be put all together to the Ballot after this manner FOVR Secretarys carrying each of them one of the Opinions in one hand with a white Box in the other and â—ach following the other according to the order of the Opinions shall present his Box naming the Author of his Opinion to every Senator and one Secretary or Ballotin with a green Box shall follow the four white ones and one Secretary or Ballotin with a red Box shall follow the green one and every Senator shall put one Ball into som one of these six boxes The Suffrage being gather'd and open'd before the Signory if the red Box or Nonsincere had above half the Suffrages the Opinions shall he all cast out for the major part of the House is not clear in the business If no one of the four Opinions had above half the Suffrages in the Affirmative that which had fewest shall be cast out and the other three shall be balloted again If no one of the three had above half that which had fewest shall be cast out and the other two shall ballot again If neither of the two had above half that which had fewest shall be cast out and the remaining Opinion shall be balloted again And if the remaining Opinion has not above half it shall also be cast out But the first of the Opinions that arrives at most above half in the Affirmative is the Decree of the Senat. The Opinions being all of them cast out by the Nonsincere may be review'd if occasion permits by the Council and brought in again If they be cast out by the Negative the case being of advice only the House approves not and there is an end of it the case being necessary and admitting delay the Council is to think again upon the business and to bring in new Opinions but the Case being necessary and not admitting delay the Senat immediatly electing the Juncta shall create the Dictator * Et videat Dictator ne quid Respub detrimenti capiat And let the Dictator as the Roman saying is take care that the Commonwealth receives no harm THIS in case the Debate concludes not in a Decree But if a Decree be past it is either in matter of State or Government according to Law enacted already and then it is good without going any further or it is in matter of Law to be enacted repeal'd or amended and then the Decree of the Senat especially if it be for a War or for a Levy of Men or Mony is invalid without the result of the Commonwealth which is in the Prerogative Tribe or Representative of the People THE Senat having prepar'd a Decree to be propos'd to the People shall appoint their Proposers and no other may propose for the Senat to the People but the Magistrats of the House that is to say the three Commissioners of the Seal or any two of them the three of the Treasury or any two of them or the two Censors THE Senat having appointed their Proposers shall require of the Tribuns a muster of the People at a set time and place and the Tribuns or any two of them having muster'd the People accordingly the Proposers shall propose the Sense or Decree of the Senat by clauses to the People And that which is propos'd by the Authority of the Senat and resolv'd by the Command of the People is the Law of Oceana TO this Order implicitly containing the sum very near of the whole Civil part of the Commonwealth my Lord ARCHON spoke thus in Council My Dear Lords THERE is a Saying That a man must cut his Coat according to his Cloth When I consider what God has allow'd or furnish'd to our present work I am amaz'd You would have a popular Government he has weigh'd it to you in the present balance as I may say to a dram you have no more to do but to fix it For the Superstructures of such a Government they
in vain to put it to somthing requir'd the name of one that was in their ey particularly on whom when he mov'd not they commanded a Lictor to lay hands but the People thronging about the Party summon'd forbad the Lictor who durst not touch him at which the Hotspurs that came with the Consuls inrag'd by the affront descended from the Throne to the aid of the Lictor from whom in so doing they turn'd the indignation of the People upon themselves with such heat that the Consuls interposing thought fit by remitting the Assembly to appease the Tumult in which nevertheless there had bin nothing but noise Nor was there less in the Senat being suddenly rally'd upon this occasion where they that receiv'd the repulse with others whose heads were as addle as their own fell upon the business as if it had bin to be determin'd by clamor till the Consuls upbraiding the Senat that it differ'd not from the Marketplace reduc'd the House to Orders And the Fathers having bin consulted accordingly there were three Opinions PUBLIUS VIRGINIUS conceiv'd that the consideration to be had upon the matter in question or aid of the indebted and imprison'd People was not to be further extended than to such as had ingag'd upon the promise made by SERVILIUS TITUS LARGIUS that it was no time to think it enough if mens Merits were acknowleg'd while the whole People sunk under the weight of their debts could not emerge without som common aid which to restrain by putting som into a better condition than others would rather more inflame the Discord than extinguish it APPIUS CLAUDIUS still upon the old hant would have it that the People were rather wanton than fierce It was not oppression that necessitated but their power that invited them to these freaks the Empire of the Consuls since the appeal to the People wherby a Plebeian might ask his fellows if he were a Thief being but a mere scarecrow Go to says he let us create the Dictator from whom there is no appeal and then let me see more of this work or him that shall forbid my Lictor The advice of APPIUS was abhor'd by many and to introduce a general recision of Debts with LARGIUS was to violat all Faith That of VIRGINIUS as the most moderat would have past best but that there were privat Interests that constant bane of the Public which withstood it So they concluded with APPIUS who also had bin Dictator if the Consuls and som of the graver sort had not thought it altogether unseasonable at a time when the Volsci and the Sabins were up again to venture so far upon alienation of the People for which cause VALERIUS being descended from the PUBLICOLAS the most popular Family as also in his own person of a mild nature was rather trusted with so rigid a Magistracy Whence it happen'd that the People tho they knew well enough against whom the Dictator was created sear'd nothing from VALERIUS but upon a new promise made to the same effect with that of SERVILIUS hop'd better another time and throwing away all disputes gave their names roundly went out and to be brief came home again as victorious as in the former Action the Dictator entring the City in Triumph Nevertheless when he came to press the Senat to make good his promise and do somthing for the ease of the People they regarded him no more as to that point than they had don SERVILIUS Wherupon the Dictator in disdain to be made a stale abdicated his Magistracy and went home Here then was a victorious Army without a Captain and a Senat pulling it by the beard in their Gowns What is it if you have read the Story for there is not such another that must follow Can any man imagin that such only should be the opportunity upon which this People could run away Alas poor men the Aequi and the Volsci and the Sabins were nothing but the Fathers invincible There they sat som three hundred of them arm'd all in Robes and thundering with their Tongues without any hopes in the earth to reduce them to any tolerable conditions Wherfore not thinking it convenient to abide long so near them away marches the Army and incamps in the fields This Retreat of the People is call'd the Secession of Mount Aventin where they lodg'd very sad at their condition but not letting fall so much as a word of murmur against the Fathers The Senat by this time were great Lords had the whole City to themselves but certain Neighbors were upon the way that might com to speak with them not asking leave of the Porter Wherfore their minds became troubl'd and an Orator was posted to the People to make as good conditions with them as he could but whatever the terms were to bring them home and with all speed And here it was covenanted between the Senat and the People that these should have Magistrats of their own Election call'd the Tribuns upon which they return'd TO hold you no longer the Senat having don this upon necessity made frequent attempts to retract it again while the Tribuns on the other side to defend what they had got instituted their Tributa Comitia or Council of the People where they came in time and as Disputes increas'd to make Laws without the Authority of the Senat call'd Plebiscita Now to conclude in the point at which I drive such were the steps wherby the People of Rome came to assume Debate nor is it in Art or Nature to debar a People of the like effect where there is the like cause For ROMULUS having in the Election of his Senat squar'd out a Nobility for the support of a Throne by making that of the Patricians a distinct and hereditary Order planted the Commonwealth upon two contrary Interests or Roots which shooting forth in time produc'd two Commonwealths the one Oligarchical in the Nobility the other a mere Anarchy of the People and ever after caus'd a perpetual feud and enmity between the Senat and the People even to death THERE is not a more noble or useful question in the Politics than that which is started by MACCHIAVEL Whether means were to be found wherby the Enmity that was between the Senat and the People of Rome could have bin remov'd Nor is there any other in which we or the present occasion are so much concern'd particularly in relation to this Author forasmuch as his Judgment in the determination of the question standing our Commonwealth falls And he that will erect a Commonwealth against the Judgment of MACCHIAVEL is oblig'd to give such reasons for his enterprize as must not go a begging Wherfore to repeat the Politician very honestly but somwhat more briefly he disputes thus Macch. Disc B. 1. c. 6. THERE be two sorts of Commonwealths the one for preservation as Lacedemon and Venice the other for increase as Rome LACEDEMON being govern'd by a King and a small Senat could maintain it self a long
time in that condition because the Inhabitants being few having put a bar upon the reception of Strangers and living in a strict observation of the Laws of LYCURGUS which now had got reputation and taken away all occasion of Tumults might well continue long in Tranquillity For the Laws of LYCURGUS introduc'd a greater equality in Estates and a less equality in Honors whence there was equal Poverty and the Plebeians were less ambitious because the Honors or Magistracys of the City could extend but to a few and were not communicable to the People nor did the Nobility by using them ill ever give them a desire to participat of the same This proceded from the Kings whose Principality being plac'd in the midst of the Nobility had no greater means wherby to support it self than to shield the People from all injury whence the People not fearing Empire desir'd it not And so all occasion of enmity between the Senat and the People was taken away But this Vnion happen'd especially from two causes the one that the Inhabitants of Lacedemon being few could be govern'd by the Few the other that not receiving Strangers into their Common-wealth they did not corrupt it nor increase it to such a proportion as was not governable by the Few VENICE has not divided with her Plebeians but all are call'd Gentlemen that be in administration of the Government for which Government she is more beholden to Chance than the Wisdom of her Lawmakers For many retiring to those Ilands where that City is now built from the inundations of Barbarians that overwhelm'd the Roman Empire when they were increas'd to such a number that to live together it was necessary to have Laws they ordain'd a form of Government wherby assembling often in Council upon Affairs and sinding their number sufficient for Government they put a bar upon all such as repairing afterwards to their City should becom Inhabitants excluding them from participation of Power Whence they that were included in the Administration had right and they that were excluded coming afterwards and being receiv'd upon no other conditions to be Inhabitants had no wrong and therfore had no occasion nor being never trusted with Arms any means to be tumultuous Wherfore this Commonwealth might very well maintain it self in Tranquillity THESE things consider'd it is plain that the Roman Legislators to have introduc'd a quiet State must have don one of these two things either shut out Strangers as the Lacedemonians or as the Venetians not allow'd the People to bear Arms. But they did neither By which means the People having power and increase were in perpetual tumult Nor is this to be help'd in a Commonwealth for increase seeing if Rome had cut off the occasion of her Tumults she must have cut off the means of her Increase and by consequence of her Greatness Wherfore let a Legislator consider with himself whether he would make his Commonwealth for preservation in which case she may be free from Tumults or for increase in which case she must be infested with them IF he makes her for preservation she may be quiet at home but will be in danger abroad First Because her Foundation must be narrow and therfore weak as that of Lacedemon which lay but upon 30000 Citizens or that of Venice which lys but upon 3000. Secondly Such a Commonwealth must either be in Peace or in War If she be in Peace the Few are soonest effeminated and corrupted and so obnoxious also to Faction If in War succeding ill she is an easy prey or succeding well ruin'd by increase a weight which her Foundation is not able to bear For Lacedemon when she had made her self Mistriss upon the matter of all Greece thro a slight accident the Rebellion of Thebes occasion'd by the Conspiracy of PELOPIDAS discovering this infirmity of her nature the rest of her conquer'd Citys immediatly fell off and in the turn as it were of a hand reduc'd her from the fullest tide to the lowest eb of her fortune And Venice having possest her self of a great part of Italy by her purse was no sooner in defence of it put to the trial of Arms than she lost all in one Battel WHENCE I conclude That in the Ordination of a Common-wealth a Legislator is to think upon that which is most honorable and laying aside Models for Preservation to follow the example of Rome conniving at and temporizing with the enmity between the Senat and the People as a necessary step to the Roman Greatness For that any Man should find out a balance that may take in the Conveniences and shut out the Inconveniences of both I do not think it possible These are the words of the Author tho the method be somwhat alter'd to the end that I may the better turn them to my purpose MY LORDS I do not know how you hearken to this sound but to hear the greatest Artist in the modern World giving sentence against our Commonwealth is that with which I am nearly concern'd Wherfore with all honor due to the Prince of Politicians let us examin his reasoning with the same liberty which he has asserted to be the right of a free People But we shall never com up to him except by taking the business a little lower we descend from effects to their causes The causes of Commotion in a Common-wealth are either external or internal External are from Enemys from Subjects or from Servants To dispute then what was the cause why Rome was infested by the Italian or by the Servil Wars why the Slaves took the Capitol why the Lacedemonians were near as frequently troubl'd with their Helots as Rome with all those or why Venice whose Situation is not trusted to the faith of Men has as good or better quarter with them whom she governs than Rome had with the Latins were to dispute upon external causes The question put by MACCHIAVEL is of internal causes Whether the enmity that was beeween the Senat and the People of Rome might have bin remov'd And to determin otherwise of this question than he dos I must lay down other Principles than he has don To which end I affirm that a Commonwealth internally consider'd is either equal or inequal A Commonwealth that is internally equal has no internal cause of Commotion and therfore can have no such effect but from without A Commonwealth internally inequal has no internal cause of quiet and therfore can have no such effect but by diversion TO prove my Assertions I shall at this time make use of no other than his examples Lacedemon was externally unquiet because she was externally inequal that is as to her Helots and she was internally at rest because she was equal in her self both in root and branch In the root by her Agrarian and in branch by the Senat inasmuch as no Man was therto qualify'd but by election of the People Which Institution of LYCURGUS is mention'd Arist Polit. B. 2. by ARISTOTLE
he dos not only give you his judgment but the best proof of it for this says he was the first thing that after so many misfortunes past made the City again to raise her head The place I would desire your Lordships to note as the first example that I find or think is to be found of a popular Assembly by way of Representative LACEDEMON consisted of thirty thousand Citizens dispers'd throout Laconia one of the greatest Provinces in all Greece and divided as by som Authors is probable into six Tribes Of the whole body of these being gather'd consisted the great Church or Assembly which had the Legislative Power the little Church gather'd somtimes for matters of concern within the City consisted of the Spartans only These happen'd like that of Venice to be good Constitutions of a Congregation but from an ill cause the infirmity of a Commonwealth which thro her paucity was Oligarchical WHERFORE go which way you will it should seem that without a Representative of the People your Commonwealth consisting of a whole Nation can never avoid falling either into Oligarchy or Confusion THIS was seen by the Romans whose rustic Tribes extending themselves from the River Arno to the Vulturnus that is from Fesâ—lâ— or Florence to Câ—pua invented a way of Representative by Lots the Tribe upon which the first fell being the Prerogative and som two or three more that had the rest the Jure vocatae These gave the Suffrage of the Commonwealth in * * Binis Comitiis two meetings the Prerogative at the first Assembly and the Jure vocatae at a second NOW to make the parallel all the Inconveniences that you have observ'd in these Assemblys are shut out and all the Conveniences taken into your Prerogative For first it is that for which Athens shaking off the blame of XENOPHON and POLYBIUS came to deserve the praise of THUCYDIDES a Representative And secondly not as I suspect in that of Athens and is past suspicion in this of Rome by lot but by suffrage as was also the late House of Commons by which means in your Prerogatives all the Tribes of Oceana are Jure vocatae and if a man shall except against the paucity of the standing number it is a wheel which in the revolution of a few years turns every hand that is fit or fits every hand that it turns to the public work Moreover I am deceiv'd if upon due consideration it dos not fetch your Tribes with greater equality and ease to themselves and to the Government from the Frontiers of Marpesia than Rome ever brought any one of hers out of her Pomâ—ria or the nearest parts of her adjoining Territorys To this you may add That wheras a Commonwealth which in regard of the People is not of facility in execution were sure enough in this Nation to be cast off thro impatience your Musters and Galaxys are given to the People as milk to Babes wherby when they are brought up thro four days election in a whole year one at the Parish one at the Hundred and two at the Tribe to their strongest meat it is of no harder digestion than to give their Negative or Affirmative as they see cause There be gallant men among us that laugh at such an Appeal or Umpire but I refer it whether you be more inclining to pardon them or me who I confess have bin this day laughing at a sober man but without meaning him any harm and that is PETRUS CUNAEUS where speaking of the nature of the People he says that taking them apart they are very simple but yet in their Assemblys they see and know somthing and so runs away without troubling himself with what that somthing is Wheras the People taken apart are but so many privat Interests but if you take them together they are the public Interest The public Interest of a Commonwealth as has bin shewn is nearest that of mankind and that of mankind is right reason but with Aristocracy whose Reason or Interest when they are all together as appear'd by the Patricians is but that of a Party it is quite contrary for as taken apart they are far wiser than the People consider'd in that manner so being put together they are such fools who by deposing the People as did those of Rome will saw off the branch wherupon they sit or rather destroy the root of their own Greatness Wherfore MACCHIAVEL following ARISTOTLE and yet going before him may well assert * * Che la multitudine è piu savia piu constante che un Prencipe That the People are wiser and more constant in their Resolutions than a Prince which is the Prerogative of popular Government for Wisdom And hence it is that the Prerogative of your Commonwealth as for Wisdom so for Power is in the People which tho I am not ignorant that the Roman Prerogative was so call'd à Praerogando because their Suffrage was first ask'd gives the denomination to your Prerogative Tribe THE Elections whether Annual or Triennial being shewn by the twenty second that which coms in the next place to be consider'd is 23. Order The Constitution Function and manner of Proceding of the Prerogative THE twenty third ORDER shewing the Power Function and manner of Proceding of the Prerogative Tribe THE Power or Function of the Prerogative is of two parts the one of Result in which it is the Legislative Power the other of Judicature in which regard it is the highest Court and the last appeal in this Commonwealth FOR the former part the People by this Constitution being not oblig'd by any Law that is not of their own making or confirmation by the result of the Prerogative their equal Representative it shall not be lawful for the Senat to require obedience from the People nor for the People to give obedience to the Senat in or by any Law that has not bin promulgated or printed and publish'd for the space of six weeks and afterwards propos'd by the Authority of the Senat to the Prerogative Tribe and resolv'd by the major Vote of the same in the Affirmative Nor shall the Senat have any power to levy War Men or Mony otherwise than by the consent of the People so given or by a Law so enacted except in cases of Exigence in which it is agreed that the Power both of the Senat and the People shall be in the Dictator so qualify'd and for such a term of time as is according to that Constitution already prescrib'd While a Law is in promulgation the Censors shall animadvert upon the Senat and the Tribuns upon the People that there be no laying of heads together no Conventicles or canvassing to carry on or oppose any thing but that all may be don in a free and open way FOR the latter part of the Power of the Prerogative or that wherby they are the Supreme Judicatory of this Nation and of the Provinces of the same the cognizance of
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
upon another account to have Field Pay as General  lib. per ann THE Lord Strategus sitting 2000 THE Lord Orator 2000 THE three Commissioners of the Seal 4500 THE three Commissioners of the Treasury 4500 THE two Censors 3000 THE 290 Knights at 500 l. a man 145000 THE 4 Embassadors in Ordinary 12000 THE Council of War for Intelligence 3000 THE Master of the Ceremonys 500 THE Master of the Horse 500 HIS Substitute 150 THE 12 Ballotins for their Winter Liverys 240 FOR their Summer Liverys 120 FOR their Boardwages 480 FOR the keeping of three Coaches of State 24 Coachhorses with Coachmen and Postilions 1500 FOR the Grooms and keeping of 16 great Horses for the Master of the Horse and for the Ballotins whom he is to govern and instruct in the Art of Riding 480 THE 20 Secretarys of the Parlament 2000 THE 20 Doorkeepers who are to attend with Poleaxes for their Coats 200 FOR their Boardwages 1000 THE 20 Messengers which are Trumpeters for their Coats 200 FOR their Boardwages 1000 FOR Ornament of the Musters of the Youth 5000 Sum 189370 OVT of the personal Estates of every man who at his Death bequeaths not above forty shillings to the Muster of that Hundred wherin it lys shall be levy'd one per cent till the solid Revenue of the Muster of the Hundred amounts to 50 l. per annum for the Prizes of the Youth THE twelve Ballotins are to be divided into three Regions according to the course of the Senat the four of the first Region to be elected at the Tropic out of such Children as the Knights of the same shall offer not being under eleven years of Age nor above thirteen And their Election shall be made by the Lot at an Vrn set by the Serjeant of the House for that purpose in the Hall of the Pantheon The Livery of the Commonwealth for the fashion or the color may be chang'd at the Election of the Strategus according to his phansy But every Knight during his Session shall be bound to give to his Footman or som one of his Footmen the Livery of the Commonwealth THE Prerogative Tribe shall receive as follows  lib. by the week THE 2 Tribuns of the Horse 14 THE 2 Tribuns of the Foot 12 THE 3 Captains of Horse 15 THE 3 Cornets 9  THE 3 Captains of Foot 12  THE 3 Ensigns 7  THE 442 Horse at 2 l. a man 884  THE 592 Foot at 1 l. 10 s. a man 888  THE 6 Trumpeters 7 10 s. THE 3 Drummers 2 5 s. SVM by the Week 1850 15 s. SVM by the Year 96239  THE Total of the Senat the People and the Magistracy 287459 15 s. THE Dignity of the Commonwealth and Aids of the several Magistracys and Offices therto belonging being provided for as aforesaid the Overplus of the Excise with the Product of the Sum rising shall be carefully manag'd by the Senat and the People thro the diligence of the Officers of the Exchequer till it amounts to eight Millions or to the purchase of about four hundred thousand Pounds solid Revenue At which time the term of eleven years being expir'd the Excise except it be otherwise order'd by the Senat and the People shall be totally remitted and abolish'd for ever AT this Institution the Taxes as will better appear in the Corollary were abated about one half which made the Order when it came to be tasted to be of good relish with the People in the very beginning tho the Advantages then were no ways comparable to the Consequences to be hereafter shewn Nevertheless my Lord EPIMONUS who with much ado had bin held till now found it midsummer Moon and broke out of Bedlam in this manner My Lord ARCHON I HAVE a singing in my head like that of a Cartwheel my Brains are upon a Rotation and som are so merry that a man cannot speak his griefs but if your highshod Prerogative and those same slouching Fellows your Tribuns do not take my Lord Strategus's and my Lord Orator's heads and jole them together under the Canopy then let me be ridiculous to all Posterity For here is a Commonwealth to which if a man should take that of the Prentices in their antient Administration of Justice at Shrovetide it were an Aristocracy You have set the very Rabble with Troncheons in their hands and the Gentry of this Nation like Cocks with Scarlet Gills and the Golden Combs of their Salarys to boot lest they should not be thrown at NOT a Night can I sleep for som horrid Apparition or other one while these Myrmidons are measuring Silks by their Quarter-staves another stuffing their greasy Pouches with my Lord High Treasurers Jacobusses For they are above a thousand in Arms to three hundred which their Gowns being pul'd over their ears are but in their Doublets and Hose But what do I speak of a thousand there be two thousand in every Tribe that is a hundred thousand in the whole Nation not only in the posture of an Army but in a civil Capacity sufficient to give us what Laws they please Now every body knows that the lower sort of People regard nothing but Mony and you say it is the Duty of a Legislator to presume all men to be wicked wherfore they must fall upon the richer as they are an Army or lest their minds should misgive them in such a villany you have given them incouragement that they have a nearer way seeing it may be don every whit as well as by the overbalancing Power which they have in Elections There is a Fair which is annually kept in the Center of these Territorys at Kiberton a Town famous for Ale and frequented by good Fellows where there is a Solemnity of the Pipers and Fidlers of this Nation I know not whether Lacedemon where the Senat kept account of the stops of the Flutes and of the Fiddlestrings of that Commonwealth had any such Custom call'd the Bulrunning and he that catches and holds the Bull is the annual and supreme Magistrat of that Comitia or Congregation call'd King Piper without whose Licence it is not lawful for any of those Citizens to injoy the liberty of his Calling nor is he otherwise legitimatly qualify'd or civitate donatus to lead Apes or Bears in any Perambulation of the same Mine Host of the Bear in Kiberton the Father of Ale and Patron of good Footbal and Cudgelplayers has any time since I can remember bin Grand Chancellor of this Order Now say I seeing great things arise from small beginnings what should hinder the People prone to their own Advantage and loving Mony from having Intelligence convey'd to them by this same King Piper and his Chancellor with their Loyal Subjects the Minstrils and Bearwards Masters of Ceremonys to which there is great recourse in their respective Perambulations and which they will commission and instruct with Directions to all the Tribes willing and commanding them that as they wish their
Marpesia and Panopea respectively shall take special care that the Agrarian Laws as also all other Laws that be or shall from time to time be enacted by the Parlament of Oceana for either of them be duly put in execution they shall manage and receive the Customs of either Nation for the Shipping of Oceana being the common Guard they shall have a care that moderat and sufficient pay upon the respective Province be duly rais'd for the support and maintenance of the Officers and Soldiers or Army of the same in the most effectual constant and convenient way they shall receive the Regalia or public Revenues of those Nations out of which every Counsillor shall have for his term and to his proper use the Sum of 500 l. per annum and the Strategus 500 l. as President besides his Pay as General which shall be 1000 Pounds the remainder to go to the use of the Knights and Deputys of the respective Provinces to be paid if it will reach according to the rates of Oceana if not by an equal distribution respectively or the overplus if there be any to be return'd to the Treasury of Oceana They shall manage the Lands if there be any such held in either of the Provinces by the Commonwealth of Oceana in Dominion and return the Rents into the Exchequer If the Commonwealth coms to be possest of richer Provinces the Pay of the General or Strategus and of the Councils may be respectively increas'd The People for the rest shall elect their own Magistrats and be govern'd by their own Laws having Power also to appeal from their native or provincial Magistrats if they please to the People of Oceana And wheras there may be such as receiving Injury are not able to prosecute their Appeals at so great a distance eight Serjeants at Law being sworn by the Commissioners of the Seal shall be sent by four into each Province once in two years who dividing the same by Circuits shall hear such Causes and having gather'd and introduc'd them shall return to the several Appellants gratis the Determinations and Decrees of the People in their several cases THE term of a Knight in a Provincial Orb as to domestic Magistracys shall be esteemed a Vacation and no bar to present Election to any other Honor his provincial Magistracy being expir'd THE Quorum of a Provincial Council as also of every other Council or Assembly in Oceana shall in time of health consist of two parts in three of the whole number proper to that Council or Assembly and in a time of sickness of one part in three But of the Senat there can be no Quorum without three of the Signory nor of a Council without two of the Provosts THE Civil part of the Provincial Orb being declar'd by the foregoing Order the Military part of the same is constituted by 29. Order Constitution of the Military part of the Provincial Orb. THE twenty ninth ORDER wherby the Stratiots of the third Essay having drawn the Gold Balls mark'd with the Letter M and being ten Horse and fifty Foot in a Tribe that is to say five hundred Horse and two thousand five hundred Foot in all the Tribes shall be deliver'd by the respective Conductors to the provincial Strategus or General at such a time and place or Rendevous as he shall appoint by Order and Certificat of his Election and the Strategus having receiv'd the Horse and Foot mention'd which are the third Classis of his provincial Guard or Army shall forthwith lead them away to Marpesia where the Army consists of three Classes each Classis containing three thousand men wherof five hundred are Horse and receiving the new Strategus with the third Classis the old Strategus with the first Classis shall be dismist by the Provincial Council The same method with the Stratiots of the letter P is to be observ'd for the provincial Orb of Panopea and the Commonwealth coming to acquire new Provinces the Senat and the People may erect new Orbs in like manner consisting of greater or less numbers according as is requir'd by the respective occasion If a Stratiot has once serv'd his term in a Provincial Orb and happens afterwards to draw the Letter of a Province at the Election of the second Essay he may refuse his Lot and if he refuses it the Censor of that Vrn shall cause the Files balloting at the same to make a halt and if the Stratiot produces the Certificat of his Strategus or General that he has serv'd his time accordingly the Censor throwing the Ball that he drew into the Vrn again and taking out a Blank shall dismiss the Youth and cause the Ballot to procede TO perfect the whole Structure of this Commonwealth som Directions are given to the third Essay or Army marching in 30. Order THE thirtieth ORDER When thou goest to battel against thy Enemys and seest Horses and Chariots and a People more than thou Deut. 20. 1. be not afraid of them for the Lord thy God is he that gos with thee to fight for thee against thy Enemys And when thou dividest the Spoil it shall be as a Statute and an Ordinance to thee that as his 1 Sam. 30. 24. part is that gos down to the battel so shall his part be that tarrys by the Stuff that is as to the Commonwealth of Oceana The Spoil taken of the Enemy except Clothes Arms Horses Ammunition and Victuals to be divided to the Soldiery by the Strategus and the Polemarchs upon the place according to their discretion shall be deliver'd to four Commissarys of the Spoils elected and sworn by the Council of War which Commissarys shall be allowed Shipping by the State and Convoys according as occasion shall require by the Strategus to the end that having a Bill of Lading sign'd by three or more of the Polemarchs they may ship and bring or cause such Spoils to be brought to the Prize-Office in Oceana where they shall be sold and the Profit arising by such Spoils shall be divided into three parts wherof one shall go to the Treasury another shall be paid to the Soldiery of this Nation and a third to the Auxiliarys at their return from their Service provided that the said Auxiliarys be equal in number to the proper Forces of this Nation otherwise their Share shall be so much less as they themselves are fewer in number the rest of the two thirds to go to the Officers and Soldiers of the proper Forces And the Spoils so divided to the proper Forces shall be subdivided into three equal parts wherof one shall go to the Officers and two to the common Soldiers The like for the Auxiliarys And the Share allotted to the Officers shall be divided into four equal parts wherof one shall go to the Strategus another to the Polemarchs a third to the Colonels and a fourth to the Captains Cornets Ensigns and under Officers receiving their share of the Spoil as common Soldiers
The like for the Auxiliarys And this upon pain in the case of failure of what the People of Oceana to whom the Cognizance of Peculat or Crimes of this nature is properly appertaining shall adjudg or decree UPON these three last Orders the ARCHON seem'd to be haranguing at the head of his Army in this manner My Dear Lords and Excellent Patriots A GOVERNMENT of this make is a Commonwealth for Increase Of those for Preservation the Inconveniences and Frailtys have bin shewn Their Roots are narrow such as do not run have no Fibers their tops weak and dangerously expos'd to the weather except you chance to find one as Venice planted in a Flowerpot and if she grows she grows top-heavy and falls too But you cannot plant an Oak in a Flowerpot she must have Earth for her Root and Heaven for her Branches Imperium Oceano famam quae terminet astris ROME was said to be broken by her own weight but poetically For that weight by which she was pretended to be ruin'd was supported in her Emperors by a far slighter Foundation And in the common experience of good Architecture there is nothing more known than that Buildings stand the firmer and the longer for their own weight nor ever swerve thro any other internal cause than that their Materials are corruptible But the People never dy nor as a political Body are subject to any other Corruption than that which derives from their Government Unless a Man will deny the Chain of Causes in which he denys God he must also acknowlege the Chain of Effects wherfore there can be no effect in Nature that is not from the first Cause and those successive Links of the Chain without which it could not have bin Now except a Man can shew the contrary in a Commonwealth if there be no cause of Corruption in the first make of it there can never be any such Effect Let no Man's Superstitition impose Profaneness upon this Assertion for as Man is sinful but yet the Universe is perfect so may the Citizen be sinful and yet the Commonwealth be perfect And as Man seeing the World is perfect can never commit any such Sin as shall render it imperfect or bring it to a natural dissolution so the Citizen where the Common-wealth is perfect can never commit any such Crime as will render it imperfect or bring it to a natural dissolution To com to experience Venice notwithstanding we have found fom flaws in it is the only Commonwealth in the Make wherof no man can find a cause of dissolution for which reason we behold her tho she consists of men that are not without sin at this day with one thousand Years upon her back yet for any internal cause as young as fresh and free from decay or any appearance of it as she was born but whatever in nature is not sensible of decay by the course of a thousand Years is capable of the whole Age of Nature by which Calculation for any check that I am able to give my self a Commonwealth rightly order'd may for any internal causes be as immortal or longliv'd as the World But if this be true those Commonwealths that are naturally fall'n must have deriv'd their Ruin from the rise of them Israel and Athens dy'd not natural but violent deaths in which manner the World it self is to dy We are speaking of those causes of Dissolution which are natural to Government and they are but two either Contradiction or Inequality If a Commonwealth be a Contradiction she must needs destroy her self and if she be inequal it tends to strife and strife to ruin By the former of these fell Lacedemon by the latter Rome Lacedemon being made altogether for War and yet not for Increase her natural Progress became her natural Dissolution and the building of her own victorious Hand too heavy for her Foundation so that she fell indeed by her own weight But Rome perish'd thro her native Inequality which how it inveterated the Bosoms of the Senat and the People each against other and even to death has bin shewn at large LOOK well to it my Lords for if there be a contradiction or inequality in your Commonwealth it must fall but if it has neither of these it has no principle of Mortality Do not think me impudent if this be truth I should commit a gross indiscretion in concealing it Sure I am that MACCHIAVEL is for the immortality of a Commonwealth upon far weaker Principles If a Commonwealth Disc â— 3. c. 22. b. 3. c. 29. says he were so happy as to be provided often with men that when she is swerving from her Principles should reduce her to her Institution she would be immortal But a Commonwealth as we have demonstrated swerves not from her Principles but by and thro her Institution if she brought no Biass into the world with her her course for any internal Cause must be streight forward as we see is that of Venice She cannot turn to the right hand nor to the left but by som rub which is not an internal but external cause against such she can be no way fortify'd but thro her Situation as is Venice or thro her Militia as was Rome by which Examples a Commonwealth may be secure of those also Think me not vain for I cannot conceal my opinion here a Commonwealth that is rightly instituted can never swerve nor one that is not rightly instituted be secur'd from swerving by reduction to her first Principles Wherfore it is no less apparent in this place that MACCHIAVEL understood not a Commonwealth as to the whole piece than where having told you That a Tribun or any other Citizen Disc B. 1. c. 18. of Rome might propose a Law to the People and debate it with them he adds this Order was good while the People were good but when the People became evil it became most pernicious As if this Order thro which with the like the People most apparently became evil could ever have bin good or that the People or the Common-wealth could ever have becom good by being reduc'd to such Principles as were the Original of their Evil. The Disease of Rome was as has bin shewn from the native inequality of her Balance and no otherwise from the Empire of the World than as this falling into one Scale that of the Nobility an evil in such a Fabric inevitable kick'd out the People Wherfore a Man that could have made her to throw away the Empire of the World might in that have reduc'd her to her Principles and yet have bin so far from rendring her immortal that going no further he should never have cur'd her But your Commonwealth is founded upon an equal Agrarian and if the Earth be given to the Sons of men this Balance is the Balance of Justice such a one as in having due regard to the different Industry of different men yet faithfully judges the Poor And Prov. 29. 14.
Country and with such facility as they had never so much as once imagin'd to be possible Nor was this all for AEMILIUS as if not dictating to conquer'd Enemys but to som well deserving Friends gave them in the last place Laws so sutable and contriv'd with such care and prudence that long use and experience the only Correctress of Works of this nature could never find a fault in them IN this Example you have a Donation of Liberty or of Italian Right to a People that had not tasted of it before but were now taught how to use it MYLORDS The Royalists should compare what we are doing and we what hitherto we have don for them with this example It is a shame that while we are boasting up our selves above all others we should yet be so far from imitating such examples as these that we do not so much as understand that if Government be the Parent of Manners where there are no Heroic Virtues there is no Heroic Government BUT the Macedonians rebelling at the name of a false PHILIP the third time against the Romans were by them judg'd incapable of Liberty and reduc'd by METELLUS to a Province NOW wheras it remains that I explain the nature of a Province I shall rather chuse that of Sicily because having bin the first which the Romans made the descriptions of the rest relate to it WE have so receiv'd the Sicilian Citys into Amity says CICERO that they injoy their antient Laws and upon no other condition than of the same obedience to the People of Rome which they formerly yielded to their own Princes or Superiors So the Sicilians wheras they had bin parcel'd out to divers Princes and into divers States the cause of â—perpetual Wars wherby hewing one another down they became Sacrifices to the Ambition of their Neighbors or of som Invader were now receiv'd at the old rate into a new Protection which could hold them and in which no Enemy durst touch them noâ— was it possible as the case then stood for the Sicilians to receive or for the Romans to give more A ROMAN Province is defin'd by SIGONIUS a Region having Provincial Right Provincial Right in general was to be govern'd by a Roman Praetor or Consul in matters at least of State and of the Militia And by a Quaestor whose Office it was to receive the Public Revenue Provincial Right in particular was different according to the different Leagues or Agreements between the Commonwealth and the People reduc'd into a Province Siculi hoc jure sunt ut quod civis cum cive agat domi certet suis legibus quod Siculus cum Siculo non ejusdem Civitatis ut de eo Praetor Judices ex P. Rupilii Decreto sortiatur Quod privatus a Populo petit aut populus a privato Senatus ex aliqua Civitate qui judicet datur cui alternae Civitates rejectae sunt Quod civis Romanus a Sicâ—lo petit Siculus Judex datur quod Siculus a cive Romano civis Romanus datur Caeterarum rerum selecti Judices ex civium Romanorum conventu proponi solent Inter aratores decumanos lege frumentaria quam Hieronicam appellant judicia siunt Because the rest would oblige me to a discourse too large for this place it shall suffice that I have shew'd you how it was in Sicily MY LORDS Upon the Fabric of your Provincial Orb I shall not hold you because it is sufficiently describ'd in the Order and I cannot believe that you think it inferior to the way of a Praetor and a Quaestor But wheras the Provincial way of the Roman Common-wealth was that wherby it held the Empire of the World and your Orbs are intended to be capable at least of the like use there may arise many Controversys As whether such a course be lawful whether it be feizible and seeing that the Romans were ruin'd upon that point whether it would not be to the destruction of the Commonwealth FOR the first If the Empire of a Commonwealth be an occasion to ask whether it be lawful for a Commonwealth to aspire to the Empire of the World it is to ask whether it be lawful for it to do its duty or to put the World into a better condition than it was before AND to ask whether this be feizible is to ask why the Oceaner being under the like administration of Government may not do as much with two hundred men as the Roman did with one hundred for comparing their Commonwealths in their rise the difference is yet greater Now that Rome seris Avaritia Luxuriaque thro the natural thirst of her constitution came at length with the fulness of her Provinces to burst her self this is no otherwise to be understood than as when a man that from his own evil Constitution had contracted the Dropsy dys with drinking It being apparent that in case her Agrarian had held she could never have bin thus ruin'd and I have already demonstrated that your Agrarian being once pois'd can never break or swerve WHERFORE to draw towards som conclusion of this Discourse let me inculcat the use by selecting a few Considerations out of many The regard had in this place to the Empire of the World appertains to a well-order'd Commonwealth more especially for two reasons 1. THE facility of this great Enterprize by a Government of the Model propos'd 2. THE danger that you would run in the omission of such a Government THE facility of this Enterprize upon the grounds already laid must needs be great forasmuch as the Empire of the World has bin both in Reason and Experience the necessary consequence of a Commonwealth of this nature only for tho it has bin given to all kinds to drive at it since that of Athens or Lacedemon if the one had not hung in the others light might have gain'd it yet could neither of them have held it not Athens thro the manner of her propagation which being by downright Tyranny could not preserve what she had nor Lacedemon because she was overthrown by the weight of a less Conquest The facility then of this great Enterprize being peculiar to popular Government I shall consider it first In gaining and secondly In holding FOR the former Volenti non sit injuria it is said of the People under EUMENES that they would not have chang'd their subjection for Liberty wherfore the Romans gave them no disturbance If a People be contented with their Government it is a certain sign that it is good and much good do them with it The Sword of your Magistracy is for a terror to them that do evil EUMENES had the sear of God or of the Romans before his eys concerning such he has given you no Commission BUT till we can say here are the Romans where is EUMENES Do not think that the late appearances of God to you have bin altogether for your selves he has surely seen the Affliction of your Brethren and heard their cry by
reason of their Taskmasters For to believe otherwise is not only to be mindless of his ways but altogether deaf If you have ears to hear this is the way in which you will certainly be call'd upon For if while there is no stock of Liberty no sanctuary of the afflicted it be a common object to behold a People casting themselves out of the Pan of one Prince into the Fire of another what can you think but if the World should see the Roman Eagle again she would renew her age and her slight Nor did ever she spread her Wings with better Omen than will be read in your Ensigns which if call'd in by an oppress'd People they interpose between them and their Yoke the People themselves must either do nothing in the mean time or have no more pains to take for their wish'd Fruit than to gather it if that be not likewise don for them Wherfore this must needs be easy and yet you have a greater facility than is in the arm of flesh for if the Cause of Mankind be the Cause of God the Lord of Hosts will be your Captain and you shall be a Praise to the whole Earth THE facility of Holding is in the way of your Propagation if you take that of Athens and Lacedemon you shall rain Snares but either catch or hold nothing Lying lips are an abomination to the Lord If setting up for Liberty you impose Yokes he will infallibly destroy you On the other side to go about a work of this nature by a League without a Head is to abdicat that Magistracy wherwith he has not only indu'd you but wherof he will require an account of you for curs'd is he that dos the Work of the Lord negligently Wherfore you are to take the course of Rome if you have subdu'd a Nation that is capable of Liberty you shall make them a present of it as did FLAMINIUS to Greece and AEMILIUS to Macedon reserving to your selves som part of that Revenue which was legally paid to the former Government together with the right of being Head of the League which includes such Levys of Men and Mony as shall be necessary for the carrying on of the Public Work For if a People have by your means attain'd to freedom they ow both to the Cause and you such Aid as may propagat the like Fruit to the rest of the World But wheras every Nation is not capable of her Liberty to this degree lest you be put to doing and undoing of things as the Romans were in Macedon you shall diligently observe what Nation is fit for her Liberty to this degree and what not Which is to be don by two Marks the first if she be willing to help the Lord against the Mighty for if she has no care of the Liberty of Mankind she deserves not her own But because in this you may be deceiv'd by Pretences which continuing for a while specious may afterwards vanish the other is more certain and that is if she be capable of an equal Agrarian which that it was not observ'd by excellent AEMILIUS in his donation of Liberty and introduction of a Popular State among the Macedonians I am more than mov'd to believe for two reasons the first because at the same time the Agrarian was odious to the Roman Patricians the second that the PSEUDO-PHILIP could afterwards so easily recover Macedon which could not have happen'd but by the Nobility and their impatience having great Estates to be equal'd with the People for that the People should otherwise at the mere sound of a Name have thrown away their Liberty is incredible Wherfore be assur'd that the Nation where you cannot establish an equal Agrarian is incapable of its Liberty as to this kind of Donation For example except the Aristocracy in Marpesia be dissolv'd neither can that People have their Liberty there nor you govern at home for they continuing still liable to be sold by their Lords to foren Princes there will never especially in a Country of which there is no other profit to be made be want of such Merchants and Drovers while you must be the Market where they are to receive their second Payment NOR can the Aristocracy there be dissolv'd but by your means in relation wherto you are provided with your Provincial Orb which being proportion'd to the measure of the Nation that you have vindicated or conquer'd will easily hold it for there is not a People in the World more difficult to be held than the Marpesians which tho by themselves it be ascrib'd to their own nature is truly to be attributed to that of their Country Nevertheless you having nine thousand men upon the continual guard of it that threaten'd by any sudden insurrection have places of retreat and an Army of forty thousand men upon a days warning ready to march to their rescue it is not to be rationally shewn which way they can possibly slip out of your hands And if a man shall think that upon a Province more remote and divided by the Sea you have not the like hold he has not so well consider'd your Wings as your Talons your shipping being of such a nature as makes the descent of your Armys almost of equal facility in any Country so that what you take you hold both because your Militia being already populous will be of great growth in it self and also thro your Confederats by whom in taking and holding you are still more inabled to do both NOR shall you easilier hold than the People under your Empire or Patronage may be held My Lords I would not go to the door to see whether it be close shut this is no underhand dealing nor a game at which he shall have any advantage against you who sees your Cards but on the contrary the Advantage shall be your own for with eighteen thousand men which number I put because it circulats your Orb by the annual change of six thousand having establish'd your matters in the order shewn you will be able to hold the greatest Province and eighteen thousand men allowing them greater pay than any Prince ever gave will not stand the Province in one million Revenue * * This by the pay of a Parlamentary Army is demonstrated in the Câ—rollary in consideration wherof they shall have their own Estates free to themselves and be govern'd by their own Laws and Magistrats which if the Revenue of the Province be in dry Rent as there may be som that are four times as big as Oceana forty millions will bring it with that of Industry to speak with the least to twice the value So that the People there who at this day are so opprest that they have nothing at all wheron to live shall for one Million paid to you receive at least seventy nine to their proper use in which place I appeal to any man whether the Empire describ'd can be other than the Patronage of the World NOW
elected a Magistrat of the Tribe but a Magistrat or Officer either of the Hundred or of the Tribe being elected into the Galaxy may substitute any one of his own Order to his Magistracy or Office in the Hundred or in the Tribe This of the Muster is two days work So the body of the People is annually at the charge of three days work and a half in their own Tribes for the perpetuation of their Power receiving over and above the Magistracys so divided among them EVERY Monday next insuing the last of March the Knights being a Hundred in all the Tribes take their places in the Senat the Knights having taken their places in the Senat make the third Region of the same and the House procedes to the Senatorian Elections Senatorian Elections are annual biennial or emergent THE annual are perform'd by the Tropic THE Tropic is a Scedule consisting of two parts the first by which the Senatorian Magistrats are elected and the second by which the Senatorian Councils are perpetuated THE first part is of this Tenor. THE Lord Strategus Annual Magistrats and therfore such as may be elected out of any Region the term of every Region having at the Tropic one year at the least unexpir'd THE Lord Orator THE first Censor THE second Censor THE third Commissioner of the Seal Triennial Magistrats and therfore such as can be chosen out of the third Region only as that alone which has the term of three years unexpir'd THE third Commissioner of the Treasury THE Strategus and the Orator sitting are Consuls or Presidents of the Senat. THE Strategus marching is General of the Army in which case a new Strategus is elected to sit in his room THE Strategus sitting with the six Commissioners being Counsillors of the Nation are the Signory of the Commonwealth THE Censors are Magistrats of the Ballot Presidents of the Council for Religion and Chancellors of the Vniversitys THE second part of the Tropic perpetuats the Council of State by the election of five Knights out of the first Region of the Senat to be the first Region of that Council consisting of fifteen Knights five in every Region THE like is don by the election of four into the Council of Religion and four into the Council of Trade out of the same Region in the Senat each of these Councils consisting of twelve Knights four in every Region BVT the Council of War consisting of nine Knights three in every Region is elected by and out of the Council of State as the other Councils are elected by and out of the Senat. And if the Senat add a Juncta of nine Knights more elected out of their own number for the term of three months the Council of War by virtue of that addition is Dictator of Oceana for the said term THE Signory jointly or severally has right of Session and Suffrage in every Senatorian Council and to propose either to the Senat or any of them And every Region in a Council electing one weekly Provost any two of those Provosts have Power also to propose to their respective Council as the proper and peculiar Proposers of the same for which cause they hold an Academy where any man either by word of mouth or writing may propose to the Proposers NEXT to the Elections of the Tropic is the biennial Election of one Embassador in ordinary by the Ballot of the House to the Residence of France at which time the Resident of France removes to Spain he of Spain to Venice he of Venice to Constantinople and he of Constantinople returns So the Orb of the Residents is wheel'd about in eight years by the biennial Election of one Embassador in Ordinary THE last kind of Election is emergent Emergent Elections are made by the Scrutiny Election by Scrutiny is when a Competitor being made by a Council and brought into the Senat the Senat chuses four more Competitors to him and putting all five to the Ballot he who has most above half the Suffrages is the Magistrat The Polemarchs or Fiâ—ld Officers are chosen by the Scrutiny of the Council of War an Embassador Extraordinary by the Scrutiny of the Council of State the Judges and Serjeants at Law by the Scrutiny of the Seal and the Barons and prime Officers of the Exchequer by the Scrutiny of the Treasury THE Opinion or Opinions that are legitimatly propos'd to any Council must be debated by the same and so many as are resolv'd upon the Debate are introduc'd into the Senat where they are debated and resolv'd or rejected by the whole House that which is resolv'd by the Senat is a Decree which is good in matters of State but no Law except it be propos'd to and resolv'd by the Prerogative THE Deputys of the Galaxy being three Horse and four Foot in a Tribe amount in all the Tribes to one hundred and fifty Horse and two hundred Foot which having enter'd the Prerogative and chosen their Captains Cornet and Ensign triennial Officers make the third Classis consisting of one Troop and one Company and so joining with the whole Prerogative elect four annual Magistrats call'd Tribuns wherof two are of the Horse and two of the Foot These have the Command of the Prerogative Sessions and Suffrage in the Council of War and Sessions without Suffrage in the Senat. THE Senat having past a Decree which they would propose to the People cause it to be printed and publish'd or promulgated for the space of six weeks which being order'd they chuse their Proposers The Proposers must be Magistrats that is the Commissioners of the Seal those of the Treasury or the Censors These being chosen desire the Muster of the Tribuns and appoint the day The People being assembl'd at the day appointed and the Decree propos'd that which is propos'd by authority of the Senat and commanded by the People is the Law of Oceana or an Act of Parlament SO the Parlament of Oceana consists of the Senat proposing and the People resolving THE People or Prerogative are also the Supreme Judicatory of this Nation having Power of hearing and determining all Causes of Appeal from all Magistrats or Courts Provincial or Domestic as also to question any Magistrat the term of his Magistracy being expir'd if the Case be introduc'd by the Tribuns or any one of them THE Military Orbs consist of the Youth that is such as are from eighteen to thirty years of Age and are created in the following manner EVERY Wednesday next insuing the last of December the Youth of every Parish assembling elect the fifth of their number to be their Deputys the Deputys of the Youth are call'd Stratiots and this is the first Essay EVERY Wednesday next insuing the last of January the Stratiots assembling at the Hundred elect their Captain and their Ensign and fall to their Games and Sports EVERY Wednesday next insuing the last of February the Stratiots are receiv'd by the Lord Lieutenant their Commander in Chief with the
Conductors and the Censors and having bin disciplin'd and entertain'd with other Games are call'd to the Vrns where they elect the second Essay consisting of two hundred Horse and six hundred Foot in a Tribe that is of ten thousand Horse and thirty thousand Foot in all the Tribes which is the Standing Army of this Nation to march at any warning They also elect at the same time a part of the third Essay by the mixture of Balls marked with the letter M and the letter P for Marpesia and Panopea they of either mark being ten Horse and fifty Foot in a Tribe that is five hundred Horse and two thousand five hundred Foot in all the Tribes which are forthwith to march to their respective Provinces BVT the third Essay of this Nation more properly so call'd is when the Strategus with the Polemarchs the Senat and the People or the Dictator having decreed a War receive in return of his Warrants the second Essay from the hands of the Conductors at the Rendevous of Oceana which Army marching with all Accommodations provided by the Council of War the Senat elects a new Strategus and the Lords Lieutenants a new second Essay A YOVTH except he be an only Son refusing any one of his three Essays without sufficient cause shewn to the Phylarch or the Censors is incapable of Magistracy and is fin'd a fifth part of his yearly Rent or of his Estate for Protection In case of Invasion the Elders are oblig'd to like duty with the Youth and upon their own charge THE Provincial Orb consisting in part of the Elders and in part of the Youth is thus created FOVR Knights out of the first Region falling are elected in the Senat to be the first Region of the Provincial Orb of Marpesia these being triennial Magistrats take their places in the Provincial Council consisting of twelve Knights four in every Region each Region chusing their weekly Provosts of the Council thus constituted One Knight more chosen out of the same Region in the Senat being an annual Magistrat is President with Power to propose and the Opinions propos'd by the President or any two of the Provosts are debated by the Council and if there be occasion of farther Power or Instruction than they yet have transmitted to the Council of State with which the Provincial is to hold Intelligence THE President of this Council is also Strategus or General of the Provincial Army wherfore the Conductors upon notice of his Election and appointment of his Rendevous deliver to him the Stratiots of his Letter which he takes with him into his Province and the Provincial Army having receiv'd the new Strategus with the third Classis the Council dismisses the old Strategus with the first Classis The like is don for Panopea or any other Province BVT wheras the term of every other Magistracy or Election in this Commonwealth whether annual or triennial requires an equal Vacation the term of a Provincial Counsillor or Magistrat requires no Vacation at all The Quorum of a Provincial as also that of every other Council and Assembly requires two thirds in a time of health and one third in a time of sickness I THINK I have omitted nothing but the Props and Scaffolds which are not of use but in building And how much is here Shew me another Commonwealth in this compass How many things Shew me another intire Government consisting but of thirty Orders If you now go to Law with any body there ly to som of our Courts two hundred Original Writs If you stir your hand there go more Nerves and Bones to that motion If you play you have more Cards in the pack nay you could not sit with your ease in that Chair if it consisted not of more parts Will you not then allow to your Legislator what you can afford your Upholdster or to the Throne what is necessary to a Chair MY LORDS If you will have fewer Orders in a Common-wealth you will have more for where she is not perfect at first every day every hour will produce a new Order the end wherof is to have no Order at all but to grind with the clack of som Demagog Is he providing already for his golden Thum Lift up your heads Away with Ambition that fulsom complexion of a Statesman temper'd like SYLLA'S with blood and muck And the Lord give to his Senators Wisdom and make our faces to shine that we may be a Light to them that sit in darkness and the shadow of death to guide their feet in the way of Peace In the name of God what 's the matter PHILADELPHUS the Secretary of the Council having perform'd his task in reading the several Orders as you have seen upon the receit of a Packet from his Correspondent BOCCALINI Secretary of Parnassus in reading one of the Letters burst forth into such a violent passion of weeping and downright howling that the Legislators being startled with the apprehension of som horrid news one of them had no sooner snatch'd the Letter out of his hand than the rest crying Read Read he obey'd in this manner THE 3d instant his Phoebean Majesty having taken the nature of Free States into his Royal consideration and being steddily perswaded that the Laws in such Governments are incomparably better and more surely directed to the good of Mankind than in any other that the Courage of such a Trajano Boccalini Centuria 1. Raggual 21. People is the aptest tinder to noble fire that the Genius of such a Soil is that wherin the roots of good Literature are least worm-eaten with Pedantism and where their Fruits have ever com to the greatest maturity and highest relish conceiv'd such a loathing of their Ambition and Tyranny who usurping the liberty of their native Countrys becom slaves to themselves inasmuch as be it never so contrary to their own Nature or Consciences they have taken the earnest of Sin and are ingag'd to persecute all Men that are good with the same or greater rigor than is ordain'd by Laws for the wicked For * Nemo unquam imperium flagitio quaesitum bonis artibus exercuit none ever administer'd that Power by good which he purchas'd by ill Arts PHOEBUS I say having consider'd this assembl'd all the Senators residing in the learned Court at the Theater of MELPOMENE where he caus'd CAESAR the Dictator to com upon the stage and his Sister ACTIA his Nephew AUGUSTUS JULIA his Daughter with the Children which she had by MARCUS AGRIPPA LUCIUS and CAIUS CAESARS AGRIPPA POSTHUMUS JULIA and AGRIPPINA with the numerous Progeny which she bore to her renown'd Husband GERMANICUS to enter A miserable Scene in any but most deplorable in the eys of CAESAR thus beholding what havock his prodigious Ambition not satisfy'd with his own bloody Ghost had made upon his more innocent Remains even to the total extinction of his Family For it is seeing where there is any humanity there must be som
able to be a yearly Purchaser gave a jealousy that by this means the balance of the Commonwealth consisting in privat Fortunes might be eaten out whence this year is famous for that Law wherby the Senat and the People forbidding any further purchase of Lands to the Public within the Dominions of Oceana and the adjacent Provinces put the Agrarian upon the Commonwealth her self These Increases are things which Men addicted to Monarchy deride as impossible wherby they unwarily urge a strong Argument against that which they would defend For having their eys fix'd upon the Pomp and Expence by which not only every Child of a King being a Prince exhausts his Father's Coffers but Favorits and servil Spirits devoted to the flattery of those Princes grow insolent and profuse returning a fit Gratitude to their Masters whom while they hold it honorable to deceive they suck and keep eternally poor It follows that they do not see how it should be possible for a Commonwealth to clothe her self in Purple and thrive so strangely upon that which would make a Prince's hair grow thro his hood and not afford him bread As if it were a Miracle that a careless and prodigal Man should bring ten thousand Pounds a year to nothing or that an industrious and frugal Man brings a little to ten thousand Pounds a year But the fruit of one man's industry and frugality can never be like that of a Common-wealth First because the greatness of the Increase follows the greatness of the Stock or Principal And Secondly because a frugal Father is for the most part succeded by a lavish Son wheras a Commonwealth is her own Heir THIS year a part was propos'd by the Right Honorable AUREUS DE WOOLSACK in the Tribe of Pecus first Commissioner of the Treasury to the Council of State which soon after past the Ballot of the Senat and the People by which the Lands of the Public Revenue amounting to one Million were equally divided into five thousand Lots enter'd by their names and parcels into a Lotbook preserv'd in the Exchequer And if any Orphan being a Maid should cast her Estate into the Exchequer for fourteen hundred Pounds the Treasury was bound by the Law to pay her quarterly two hundred Pounds a year free from Taxes for her Life and to assign her a Lot for her Security if she marry'd her Husband was neither to take out the Principal without her consent acknowleg'd by her self to one of the Commissioners of the Treasury who according as he found it to be free or forc'd was to allow or disallow of it nor any other way ingage it than to her proper use But if the Principal were taken out the Treasury was not bound to repay any more of it than one thousand Pounds nor might that be repaid at any time save within the first year of her Marriage the like was to be don by a half or quarter Lot respectively THIS was found to be a great Charity to the weaker Sex and as som say who are more skilful in the like Affairs than my self of good Profit to the Commonwealth NOW began the native Spleen of Oceana to be much purg'd and Men not to affect Sullenness and Pedantism The Elders could remember that they had bin Youth Wit and Gallantry were so far from being thought Crimes in themselves that care was taken to preserve their innocence For which cause it was propos'd to the Council for Religion by the Right Honorable CADISCUS DE CLERO in the Tribe of Stamnum first Censor That such Women as living in Gallantry and View about the Town were of evil fame and could not shew that they were maintain'd by their own Estates or Industry or such as having Estates of their own were yet wastful in their way of life and of ill example to others should be obnoxious to the animadversion of the Council of Religion or of the Censors In which the proceding should be after this manner Notice should be first given of the scandal to the party offending in privat if there were no amendment within the space of six months she should be summon'd and rebuk'd before the said Council or Censors and if after other six months it were found that neither this avail'd she should be censured not to appear at any public Meetings Games or Recreations upon penalty of being taken up by the Doorkeepers or Guards of the Senat and by them to be detain'd till for every such Offence five Pounds were duly paid for her inlargement FURTHERMORE if any common Strumpet should be found or any scurrility or profaneness represented at either of the Theaters the Prelats for every such Offence should be fin'd twenty Pounds by the said Council and the Poet for every such offence on his part should be whipt This Law relates to another which also was enacted the same year upon this occasion THE Youth and Wits of the Academy having put the Business so home in the defence of Comedys that the Provosts had nothing but the Consequences provided against by the foregoing Law to object prevail'd so far that two of the Provosts of the Council of State join'd in a Proposition which after much ado came to a Law wherby one hundred thousand pounds was allotted for the building of two Theaters on each side of the Piazza of the Halo and two annual Magistrats cal'd Prelats chosen out of the Knights were added to the Tropic the one call'd the Prelat of the Buskin for inspection of the Tragic Scene call'd Melpomene and the other the Prelat of the Sock for the Comic call'd Thalia which Magistrats had each five hundred pounds a year allow'd out of the Profits of the Theaters the rest except eight hundred a year to four Poets payable into the Exchequer A Poet Laureat created in one of these Theaters by the Strategus receives a Wreath of five hundred pounds in Gold paid out of the said Profits But no man is capable of this Creation that had not two parts in three of the Suffrages at the Academy assembl'd after six weeks warning and upon that occasion THESE things among us are sure enough to be censur'd but by such only as do not know the nature of a Commonwealth for to tell men that they are free and yet to curb the genius of a People in a lawful Recreation to which they are naturally inclin'd is to tell a tale of a Tub. I have heard the Protestant Ministers in France by men that were wise and of their own profession much blam'd in that they forbad Dancing a Recreation to which the genius of that Air is so inclining that they lost many who would not lose that Nor do they less than blame the former determination of rashness who now gently connive at that which they had so roughly forbidden These Sports in Oceana are so govern'd that they are pleasing for privat diversion and profitable to the Public For the Theaters soon defray'd their own charge and now
envious Demagog going to summon him upon som pretence or other to answer for himself before the Assembly the People fell into such a Mutiny as could not be appeas'd but by TIMOLEON who understanding the matter reprov'd them by repeating the pains and travel which he had gon thro to no other end than that every Man might have the free use of the Laws Wherfore when DAEMENETUS another Demagog had brought the same Design about again and blam'd him impertinently to the People for things which he did when he was General TIMOLEON answer'd nothing but raising up his hands gave the Gods thanks for their return to his frequent Prayers that he might but live to see the Syracusians so free that they could question whom they pleas'd NOT long after being old thro som natural imperfection he fell blind but the Syracusians by their perpetual visits held him tho he could not see their greatest Object if there arriv'd Strangers they brought them to see this sight Whatever came in debate at the Assembly if it were of small consequence they determin'd it themselves but if of importance they always sent for TIMOLEON who being brought by his Servants in a Chair and set in the middle of the Theater there ever follow'd a great shout after which som time was allow'd for the Benedictions of the People and then the matter propos'd when TIMOLEON had spoken to it was put to the Suffrage which given his Servants bore him back in his Chair accompany'd by the People clapping their hands and making all expressions of Joy and Applause till leaving him at his House they return'd to the dispatch of their Business And this was the Life of TIMOLEON till he dy'd of Age and drop'd like a mature Fruit while the Eys of the People were as the Showers of Autumn THE Life and Death of my Lord ARCHON but that he had his Senses to the last and that his Character as not the Restorer but the Founder of a Commonwealth was greater is so exactly the same that seeing by Men wholly ignorant of Antiquity I am accus'd of writing Romance I shall repeat nothing but tell you that this year the whole Nation of Oceana even to the Women and Children were in mourning where so great or sad a Funeral Pomp had never bin seen or known Somtime after the performance of the Exequys a Colossus mounted on a brazen Horse of excellent Fabric was erected in the Piazza of the Pantheon ingrav'd with this Inscription on the Eastern side of the Pedestal HIS NAME IS AS Precious Ointment And on the Western with the following GRATA PATRIA Piae Perpetuae Memoriae D. D. Olphaus Megaletor Lord ARCHON and sole LEGISLATOR OF OCEANA Pater Patriae Invincible in the Field Inviolable in his Faith Vnfained in his Zeal Immortal in his Fame The Greatest of Captains The Best of Princes The Happiest of Legislators The Most Sincere of Christians Who setting the Kingdoms of Earth at Liberty Took the Kingdom of the Heavens by Violence Anno Aetat suae 116. Hujus Reipub. 50. THE PREROGATIVE OF Popular Government BEING A POLITICAL DISCOURSE In Two Books The former Containing the first Preliminary of OCEANA inlarg'd interpreted and vindicated from all such Mistakes or Slanders as have bin alleg'd against it under the Notion of Objections The Second Concerning Ordination against Dr. H. HAMMOND Dr. L. SEAMAN and the Authors they follow In which Two Books is contain'd the whole Commonwealth of the Hebrews or of Israel Senat People and Magistracy both as it stood in the Institution by MOSES and as it came to be form'd after the Captivity As also the different Policys introduc'd into the Church of CHRIST during the time of the Apostles Without Council Purposes are disappointed but in the multitude of Counsillors they are establish'd SOLOMON La multitudine è piu Savia è piu costante ch'un Principe MACCHIAVEL EPISTLE to the READER VVHOSOEVER sheds mans blood by man shall his blood be shed for in the Image of God made he Man If this Rule holds as well in shedding the blood of a Turk as of a Christian then that wherin Man is the Image of God is REASON Of all Controversys those of the Pen are the most honorable for in those of Force there is more of the Image of the Beast but in those of the Pen there is more of the Image of God In the Controversys of the Sword there is but too often no other Reason than Force but the Controversy of the Pen has never any Force but Reason Of all Controversys of the Pen next those of Religion those of Government are the most honorable and the most useful the true end of each tho in a different way being that the Will of God may be don in Earth as it is in Heaven Of all Controversys of Government those in the vindication of Popular Government are the most noble as being that Constitution alone from whence all we have that is good is descended to us and which if it had not existed Mankind at this day had bin but a Herd of Beasts The Prerogative of Popular Government must either be in an ill hand or else it is a game against which there is not a Card in the wole pack for we have the Books of MOSES those of the Greecs and of the Romans not to omit MACCHIAVEL all for it What have the Asserters of Monarchy what can they have against us A Sword but that rusts or must have a Scabbard and the Scabbard of this kind of Sword is a good frame of Government A MAN may be possest of a piece of Ground by force but to make use or profit of it he must build upon it and till it by Reason for whatever is not founded upon Reason cannot be permanent In Reason there are two parts Invention and Judgment As to the latter In a multitude of Counsillors say both SOLOMON and MACCHIAVEL there is strength Nay as for Judgment there is not that Order in Art or Nature that can compare with a Popular Assembly THE VOICE OF THE PEOPLE IS THE VOICE OF GOD. Hence it is that in all well-order'd Policys the People have the ultimat result but unless there be som other to invent a Popular Assembly can be of no effect at all but Confusion Invention is a solitary thing All the Physicians in the world put together invented not the Circulation of the Blood nor can invent any such thing tho in their own Art yet this was invented by one alone and being invented is unanimously voted and imbrac'd by the generality of Physicians The Plow and Wheels were at first you must think the invention of som rare Artists but who or what shall ever be able to tear the use of them from the People Hence where Government is at a loss a sole Legislator is of absolute necessity nay where it is not at a loss if well model'd as in Venice the Proposers tho frequently changeable
to writing or gos about to satisfy others with such Reasons as he is not satisfy'd with himself is no more a Gentleman but a Pickpocket with this in my mind I betake my self to my work or rather to draw open the Curtain and begin the Play ONE that has written Considerations upon OCEANA speaks the Prolog in this manner I beseech you Gentlemen are not we the Writers Epist of Politics somwhat a ridiculous sort of People Is it not a fine piece of Folly for privat men sitting in their Cabinets to rack their brains about Models of Government Certainly our Labors make a very pleasant recreation for those great Personages who sitting at the Helm of Affairs have by their large Experience not only acquir'd the perfect Art of Ruling but have attain'd also to the comprehension of the Nature and Foundation of Government In which egregious Complement the Considerer has lost his considering Cap. IT was in the time of ALEXANDER the greatest Prince and Commander of his age that ARISTOTLE with scarce inferior Applause and equal Fame being a privat man wrote that excellent piece of Prudence in his Cabinet which is call'd his Politics going upon far other Principles than those of ALEXANDER'S Government which it has long outliv'd The like did TITUS LIVIUS in the time of AUGUSTUS Sir THOMAS MOOR in the time of HENRY the Eighth and MACCHIAVEL when Italy was under Princes that afforded him not the ear These Works nevertheless are all of the most esteem'd and applauded in this kind nor have I found any man whose like Indeavors have bin persecuted since PLATO by DIONYSIUS I study not without great Examples nor out of my Calling either Arms or this Art being the proper Trade of a Gentleman A man may be intrusted with a Ship and a good Pilot too yet not understand how to make Sea-charts To say that a man may not write of Government except he be a Magistrat is as absurd as to say that a man may not make a Sea-chart unless he be a Pilot. It is known that CHRISTOPHER COLUMBUS made a Chart in his Cabinet that found out the Indys The Magistrat that was good at his Steerage never took it ill of him that brought him a Chart seeing whether he would use it or no was at his own choice and if Flatterers being the worst sort of Crows did not pick out the eys of the living the Ship of Government at this day throout Christendom had not struck so often as she has don To treat of Affairs Arte della Guer. â—roem says MACCHIAVEL which as to the conduct of 'em appertain to others may be thought a great boldness but if I commit Errors in writing these may be known without danger wheras if they commit Errors in acting such com not otherwise to be known than in the ruin of the Commonwealth For which cause I presume to open the Scene of my Discourse which is to change according to the variety of these following Questions 1. WHETHER Prudence be well distinguish'd into Antient and Modern 2. WHETHER a Commonwealth be rightly defin'd to be a Government of Laws and not of Men and Monarchy to be a Government of som Man or a few Men and not of Laws 3. WHETHER the Balance of Dominion in Land be the natural cause of Empire 4. WHETHER the Balance of Empire be well divided into National and Provincial and whether these two or any Nations that are of distinct Balance coming to depend upon one and the same head such a mixture creates a new Balance 5. WHETHER there be any common Right or Interest of Mankind distinct from the parts taken severally and how by the Orders of a Commonwealth this may best be distinguish'd from privat Interest 6. WHETHER the Senatusconsulta or Decrees of the Roman Senat had the power of Laws 7. WHETHER the ten Commandments propos'd by GOD or MOSES were voted by the People of Israel 8. WHETHER a Commonwealth coming up to the perfection of the kind coms not up to the perfection of Government and has no flaw in it 9. WHETHER Monarchy coming up to the perfection of the kind coms not short of the perfection of Government and has not som flaw in it in which is also treated of the Balance of France of the Original of a landed Clergy of Arms and their kinds 10. WHETHER a Commonwealth that was not first broken by it self was ever conquer'd by any Monarch 11. WHETHER there be not an Agrarian or som Law or Laws of that nature to supply the defect of it in every Commonwealth and whether the Agrarian as it is stated in Oceana be not equal and satisfactory to all Interests or Partys 12. WHETHER Courses or a Rotation be necessary to a well-order'd Commonwealth In which is contain'd the Parembole or Courses of Israel before the Captivity together with an Epitome of the whole Commonwealth of Athens as also another of the Common-wealth of Venice Antient and Modern Prudence Chap. 1 CHAP. I. Whether Prudence be well distinguish'd into Antient and Modern THE Considerer where by Antient Prudence I understand the Policy of a Commonwealth and by Modern Prudence that of King Lords and Commons which introduc'd by the Goths and Vandals upon the ruin of the Roman Empire has since reign'd in these Western Countrys till by the predominating of som one of the three parts it be now almost universally extinguish'd thinks it enough for the confutation of this distinction to shew out of THUCYDIDES that of Monarchy to be a more antient Policy than that of a Commonwealth Upon which occasion I must begin here to discover that which the further I go will be the more manifest namely that there is a difference between quoting Authors and saying som part of them without book this may be don by their words but the former no otherwise than by keeping to their sense Now the sense of THUCYDIDES as he is translated by Mr. HOBBS in the place alleg'd is thus The manner says he Thu. B. 1. P. 4. 5. 6. 7. 8. 9. of living in the most antient times of Greece was Thieving the stronger going abroad under the conduct of their most puissant Men both to inrich themselves and fetch home maintenance for the weak for there was neither Traffic property of Lands nor constant Abode till MINOS built a Navy and expelling the Malefactors out of the Islands planted Colonys of his own by which means they who inhabited the Seacoasts becoming more addicted to Riches grew more constant to their dwellings of whom som grown now rich compass'd their Towns about with Walls For out of a desire of Gain the meaner sort underwent Servitude with the Mighty and the Mighty thus overbalancing at home with their Wealth brought the lesser Citys abroad into subjection Thus PELOPS tho he was a stranger obtain'd such Power in Peloponnesus that the Country was call'd after his name Thus ATREUS obtain'd the Kingdom of Mycenae and thus Kingdoms
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
Genoese which the King of Spain could never do with the Indys can make you a Bank out of Letters of Exchange and the Hollander with Herrings Let him com no more here where there is a Bank ten to one there is a Commonwealth A King is a Soldier or a Lover neither of which makes a good Merchant and without Merchandize you will have a lean Bank It is true the Family of the MEDICI were both Merchants and made a Bank into a Throne but it was in Commonwealth of Merchants in asmall Territory by great purchases in Land and rather in a mere confusion than under any settl'd Government which Causes if he can give them all such another meeting may do as much for another man Otherwise let it be agreed and resolv'd that in a Territory of any extent the balance of Empire consists in Land and not in Mony always provided that in case a Prince has occasion to run away as HENRY the Third of France did out of Poland his Balance in ready Mony is absolutely the most proper for the carrying on of so great and sudden an Enterprize IT is an excellent way of disputing when a man has alleg'd no experience no example no reason to conclude with no doubt Certainly upon such occasions it is not unlawful nor unreasonable to be merry Reasons says one Comedian are not so common as Blackberrys For all that says another Comedian no doubt but a Revenue in Taxes is as good as a Revenue in Feesimple for this in brief is the sense of his former particular or that part of it which the Monti and the Banks being already discharg'd remains to be answer'd Yet that the Rents and Profits of a man's Land in Feesimple or Property com Book I in naturally and easily by common consent or concernment that is by virtue of the Law founded upon the public Interest and therfore voluntarily establish'd by the whole People is an apparent thing So a man that will receive the Rents and Profits of other mens Land must either take them by mere force or bring the People to make a Law devesting themselves of so much of their Property which upon the matter is all one because a People possest of the Balance cannot be brought to make such a Law further than they see necessary for their common defence but by force nor to keep it any longer than that Force continues It is true there is not only such a thing in nature as health but sickness too nor do I deny that there is such a thing as a Government against the Balance But look about seek find where it stood how it was nam'd how lik'd or how long it lasted Otherwise the comical Proposition coms to this It is not to be doubted but that Violence may be permanent or durable and the Blackberry for it is because Nature is permanent or durable What other construction can be made of these words It is not to be doubted but a Revenue sufficient to maintain a Force able to beat down all opposition that is a Force able to raise such a Revenue dos equally on which word grows the Blackberry conduce to Empire that is as much as could any natural Balance of the same He may stain mouths as he has don som but he shall never make a Politician The Earth yields her natural increase without losing her heart but if you com once to force her look your Force continue or she yields you nothing and the balance of Empire consisting of Earth is of the nature of her Element DIVINES are given to speak much of things which the Considerer balks in this place that would check them to the end he may fly out with them in others wherto they do not belong as where he Consid p. 23. says that Government is founâ—ed either upon Paternity and the natural Advantage the first Father had over all the rest of Mankind who were his Sons or else from the increase of Strength and Power in som Man or Men to whose Will the rest submit that by their submission they may avoid such mischief as otherwise would be brought upon them Which two Vagarys are to be fetch'd home to this place FOR the former If ADAM had liv'd till now he could have seen no other than his own Children and so that he must have bin King by the right of Nature was his peculiar Prerogative But whether the eldest Son of his House if the Prevaricator can find him at this time of day has the same right is somwhat disputable because it was early when ABRAHAM and LOT dividing Territorys became several Kings and not long after when the Sons of JACOB being all Patriarchs by the appointment of God whose Right sure was not inferior to that of ADAM tho he had liv'd came under Popular Government Wherfore the advantage of the first Father is for grave men a pleasant fancy nevertheless if he had liv'd till now I hope they understand that the whole Earth would have bin his Demeans and so the Balance of his Property must have answer'd to his Empire as did that also of ABRAHAM and LOT to theirs Wherfore this way of Deduction coms directly home again to the Balance Paterfamilias De jure belli l. 1. c. 3. Latifundia possidens neminem aliâ lege in suas terras recipiens quam ut ditioni suae qui recipiuntur se subjiciant est Rex says GROTIUS Fathers of Familys are of three sorts either a sole Landlord as ADAM and then he is an absolute Monarch or a few Landlords as LOT and ABRAHAM with the Patriarchs of those days who if Chap. 3 they join'd not together were so many Princes or if they join'd made a mix'd Monarchv or as GROTIUS believes a kind of Commonwealth administer'd in the Land of Canaan by MELCHISEDEC to whom as King and Priest ABRAHAM paid Tithes of all that he had Such a Magistracy was that also of JETHRO King and Priest in the Commonwealth of Midian Fathers of Familys for the third sort as when the Multitude are Landlords which happen'd in the division of the Land of Canaan make a Commonwealth And thus much however it was out of the Prevaricator's head in the place now deduc'd he excepting no further against the Balance than that it might consist as well in Mony as in Land had confest before HIS second Vagary is in his deduction of Empire from increase of Strength for which we must once more round about our â—oalsire The strength wherby this effect can be expected consists not in a pair of Fists but in an Army and an Army is a Beast with a great Belly which subsists not without very large pastures so if one man has sufficient pasture he may feed such a Beast if a few have the pasture they must feed the Beast and the Beast is theirs that feed it But if the People be the Sheep of their own pastures they are not only a flock of Sheep but
French Monarchy to which the Peasant holding nothing but living tho in one of the best Countrys of the World in the meanest and most miserable condition of a Laborer or Hynd is of no account at all THE Partys that hold the Balance in a Territory are those of whom the Government dos naturally consist wherfore these are call'd Estates so the Clergy the Nobility and the Commons are the three Estates of France Tho the third because the Peasant partaking not of the Balance can in relation to Government be of no account is not call'd the Commons but only the third Estate wheras the Yeomanry and Gentry in England having weigh'd as well in the Balance as the Church and the Nobility the three Estates of England while the Monarchy was in vigor were the Clergy the Nobility and the Commons The Consent of Nations evinces that the Function Grotius de Imp. Sum. Pot. circa sacra C. 2. S. 4. of the Clergy or Priest except where otherwise determin'd by Law appertains to the Magistrat By this right NOAH ABRAHAM JOB with the rest of the Patriarchs instructed their Familys or sacrific'd There seems to have bin a kind of Commonwealth in Canaan while MELCHISEDEC was both King and Priest Such also was MOSES till he consecrated AARON and confer'd the Priesthood upon the Levits who are expresly said to succede to the firstborn that is to the Patriarchs who till then exercis'd that Function Nor was it otherwise with the Gentils where they who had the Soverain Power or were in eminent Magistracy did also the Priestly Office omnino apud veteres qui rerum potiebantur iidem Auguria tenebant ut enim sapere sic divinare regale ducebant says CICERO and VIRGIL REX ANIUS Rex idem hominum PHOEBIQUE Sacerdos You find the Heros that is Princes in Poets sacrificing The Ethiopian Egyptian Lacedemonian Kings did the like In Athens constantly and in Rome when they had no Kings occasionally they elected a Rex sacrorum or King Priest So that a free People had thus far Power of electing their Priests is not deny'd by any man This came it should seem to be otherwise Original of a Landed Clergy establish'd by the Law in Egypt where the Priests whose Lands JOSEPH when he bought those of the People did not buy being Gen. 47. 22. great Landlords it may be to the Third of the whole Territory were one of the three Estates of the Realm And it is clear in Scripture that the People till they sold their Lands became not Servants to Book I PHARAOH While AGESILAUS was in Egypt they depos'd their Xenoph. in Orat. de Ages King which implys the recovery of their Balance but so seeing they set up another as withal shews the Balance of the Nobility to have bin predominant These Particulars seem to com near to the account of DIODORUS SICULUS by whom the Balance of Egypt should L. 1. have stood thus The whole Revenue was divided into three Parts wherof the Priest had the first the King had the second and the Nobility had the third It seems to me that the Priests had theirs by their antient Right and Title untouch'd by JOSEPH that the Kings had all the rest by the purchase of JOSEPH and that in time as is usual in like cases a Nobility came thro the bounty of succeding Kings to share with them in one half But however it came about Egypt by this means is the first example of a Monarchy upon a Nobility at least distributed into three Estates by means of a Landed Clergy which by consequence came to be the greatest Counsillors of State and fitting Religion to their uses to bring the People to be the most superstitious in the whole World WERE it not for this Example I should have said that the Indowment of a Clergy or religious Order with Lands and the erecting of them into an Estate of the Realm or Government were no antienter than the Goths and Vandals who introducing a like Policy which to this day takes place throout the Christian World have bin the cause FIRST Why the Clergy have bin generally great Counsillors to Kings while the People are led into Superstition SECONDLY By planting a religious Order in the Earth why Religion has bin brought to serve worldly ends AND Thirdly by rendring the Miter able to make War why of latter Ages we have had such a thing as War for Religion which till the Clergy came to be a third State or Landlords was never known in the World For that som Citys of Greece taking Arms upon the Thucyd. l. 1. Usurpation or Violation of som Temple have call'd it the Holy War such Disputes having bin put upon matter of Fact and not of Faith in which every man was free came not to this account MOSES was learn'd in all the Learning of the Egyptians but a Landed Clergy introduc'd he not in Israel nor went the Apostles about to lay any such Foundation of a Church Abating this one example of Egypt till the Goths and Vandals who brought in the third Estate a Government if it were inequal consisted but of two Estates as that of Rome whether under the Kings or the Commonwealth consisted of the Patricians and Plebeians or of the Nobility and the People And an equal Commonwealth consists but of one which is the People for example of this you have Lacedemon and Venice where the People being few and having many Subjects or Servants might also be call'd a Nobility as in regard of their Subjects they are in Venice and in regard of their Helots or Servants they might have bin in Lacedemon That I say which introducing two Estates causes Division or makes a Commonwealth inequal is not that she has a Nobility without which she is depriv'd of her most special Ornament and weaken'd in her Conduct but when the Nobility only is capable of Magistracy or of the Senat and where this is so order'd she is inequal as Rome But where the Nobility is no otherwise capable of Magistracy nor of the Senat than by Election of the People the Commonwealth consists but of one Order and is equal as Chap. 9 Lacedemon or Venice BUT for a Politician commend me to the Considerer he will have Rome to have bin an equal Commonwealth and Venice to be an inequal one which must be evinc'd by wiredrawing For having elswhere as has bin shewn admitted without opposition that the Balance of Empire is well divided into national and provincial the humor now Consid p. 16. 69. 70. takes him to spin that wedg into such a thred as by intangling of these two may make them both easy to be broken Hereto he betakes himself in this manner As Mr. HARRINGTON has well observ'd p. 40. where there are two Partys in a Republic with equal Power as in that of Rome the People had one half and the Nobility had the other half Confusion and Misery are there intail'd
of the Magistrat as in Spain But this by making som Familys too secure as those in possession and others too despairing as those not in possession may make the whole People less industrious WHERFORE the other way which by the regulation of Purchases ordains only that a mans Land shall not excede som certain proportion for example two thousand Pounds a year or exceding such a proportion shall divide in descending to the Children so soon as being more than one they shall be capable of such a division or subdivision till the greater share excedes not two thousand pounds a year in Land lying and being within the native Territory is that which is receiv'd and establish'd by the Commonwealth of Oceana BY Levelling they who use the word seem to understand when a People rising invades the Lands and Estates of the richer sort and divides them equally among themselves as for example No where in the World this being that both in the way and in the end which I have already demonstrated to be impossible Now the words of this Lexicon being thus interpreted let us hearken what the Prevaricator will say and out it coms in this manner Consid p. 73. TO him that makes Property and that in Lands the Foundation of Empire the establishing of an Agrarian is of absolute necessity that by it the Power may be fix'd in those hands to whom it was at first committed WHAT need we then procede any further while he having no where disprov'd the Balance in these words gives up the whole Cause For as to that which he says of Mony seeing neither the vast Treasure of HENRY the 7 th alter'd the Balance of England nor the Revenue of Book I the Indys alters that of Spain this Retrait except in the Cases excepted is long since barricado'd But he is on and off and any thing to the contrary notwithstanding gives you this for certain THE Examples of an Agrarian are so infrequent that Mr. HARRINGTON is constrain'd to wave all but two Commonwealths and can find in the whole extent of History only Israel and Lacedemon to fasten upon A MAN that has read my Writings or is skill'd in History cannot chuse but see how he slurs his Dice nevertheless to make this a Pol. L. 2. C. 5. little more apparent It has seem'd to som says ARISTOTLE the main point of Institution in Government to order Riches right whence otherwise derives all civil Discord Vpon this ground PHALEAS the Chalcedonian Legislator made it his first work to introduce equality of Goods and PLATO in his Laws allows not increase to a possession beyond certain bounds The Argives and the Messenians had each their Agrarian after the manner of Lacedemon If a man shall translate the words Plut. Lycurg 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 virtus facultas civilis Political Virtue or Faculty where he finds them in ARISTOTLE'S Politics as I make bold and appeal to the Reader whether too bold to do by the words Political Balance understood as I have stated the thing it will give such a light to the Author as will go nearer than any thing alleg'd as before by this Prevaricator to deprive me of the honor Pol. L. 3. C. 9. of that invention For example where ARISTOTLE says If one man or such a number of men as to the capacity of Government com within the compass of the Few excel all the rest 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in balance or in such a manner that the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Political Facultys or Estates of all the rest be not able to hold weight with him or them they will never condescend to share equally with the rest in power whom they excel in Balance nor is it to any purpose to give them Laws who will be as the Gods their own Laws and will answer the People as the Lions are said by ANTISTHENES to have answer'd the Hares when they had concluded that every one ought to have an equal Portion For this cause he adds Citys that live under Popular Power have instituted the Ostracism for the preservation of Equality by which if a man increase in Riches Retinue or Popularity above what is safe they can remove him without loss of Honor or Estate for a time IF the Considerer thinks that I have strain'd courtesy with ARISTOTLE who indeed is not always of one mind further than is warrantable in relation to the Balance be it as he pleases I who must either have the more of Authority or the less of Competition in the point shall lose neither way However it is in this place enough that the Ostracism being of like nature was that which supply'd the defect in the Grecian Citys of an Agrarian To procede then to Rome that the People there by striving for an Agrarian strove to save their Liberty is apparent in that thro the want of such a Law or the nonobservance of it the Commonwealth came plainly to ruin If a Venetian should keep a Table or have his House furnish'd with Retainers he would be obnoxious to the Council of Ten and if the best of them appear with other State or Equipage than is allow'd to the meanest he is obnoxious to the Officers of the Pomp which two Orders in a Commonwealth where the Gentry have but small Estates in Land are as much as needs be in lieu of an Agrarian But the German Republics have no more to supply the place of this Law than that Estates descending are divided among the Children which sure no man but will say must needs be Chap. 11 both just and pious and we ask you no more in Oceana where grant this and you grant the whole Agrarian Thus had I set him all the Commonwealths in the World before and so it is no fault of mine that he will throw but at three of them These are Israel Lacedemon and Oceana Consid p. 77. FIRST at Israel Mr. HARRINGTON says he thinks not upon the Promise of GOD to ABRAHAM whence the Israelites deriv'd their Right to the Land of Canaan but considers the division of the Lands as a Politic Constitution upon which the Government was founded tho in the whole History of the Bible there be not the least footstep of such a design WHAT means the man the Right of an Israelite to his Land deriv'd from the Promise of GOD to ABRAHAM therfore the Right of an Oceaner to his Land must derive from the Promise of GOD to ABRAHAM Or why else should I in speaking of Oceana where Property is taken as it was found and not stirr'd a hair think on the Promise to ABRAHAM Nor matters it for the manner of division seeing that was made and this was found made each according to the Law of the Government But in the whole Bible says he there is not the least footstep that the end of the Israelitish Agrarian was Political or that it was intended to be the Foundation of the Government THE
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
at Delphos But this Reflection has a tang with it that makes me think it relates to that where he says I know not how but Mr. HARRINGTON has Consid p. 18. taken up a very great unkindness for the Clergy He will know nothing neither that the Oracle of the Scripture is of all other the clearest for a Commonwealth nor that the Clergy being generally against a Commonwealth are in this below the Priests of Delphos who were more for LYCURGUS than these are for MOSES But hav'at the Agrarian of Oceana with the whole bail of Dice and at five throws THE first throw is That it is unjust For Consid p. 81. IF it be truly asserted in Oceana Page the 39th that Government is founded on Property then Property consists in Nature before Government and Government is to be fitted to Property not Property to Government How great a Sin then would it be against the first and purest notion of Justice to bring in a Government not only different from but directly destructive to the settl'd Property of Oceana where in the 107th Page there are confest to be three hundred Persons whose Estates in Land excede the Standard of two thousand pounds a year Let me not be chok'd with the Example of Lacedemon till Mr. HARRINGTON has shewn us the Power of his Persuasion with the Nobility of Oceana as LYCURGUS with them of Lacedemon to throw up their Lands to be parcel'd by his Agrarian as Page 111. and when that is don I shall cease to complain of the Injustice of it Nor need any one of these three hundred be put to own a shame for preferring his own Interest before that of a whole Nation for tho when Government is once fix'd it may be fit to submit privat to public Vtility yet when the question is of chusing a Government every particular man is left to his own native Right which cannot be prescrib'd against by the Interest of all the rest of Mankind Book I HOW many false Dice there are in this throw because you see I have little to do will be worth counting WHERAS I no where deny Property to derive her being from Law he insinuats that I presume Property to be in Nature There 's One. WHERAS in natural and domestic Vicissitude I assert That Empire is to follow the Legal State of Property he imposes as if I had asserted that Empire must follow the natural state of Property Two WHERAS in violent or foren Vicissitude as when the Israelits possest themselves of the Land of Canaan the Goths and Vandals of Italy the Franks of France the Saxons of England Property in order to the Government to be introduc'd is alterable he insinuats as if I had said that Empire must always follow the state of Property not as it may be alter'd in that relation but as it is found Three WHERAS the Government of Oceana is exactly fitted to Property as it was settl'd before he insinuats it to be destructive to the settl'd Property Four WHERAS I say that to put it with the most they that are Proprietors of Land in Oceana exceding two thousand pounds a year do not excede three hundred Persons he says that I have confest they be three hundred Five WHERAS I shew that the Nobility of Lacedemon upon the persuasion of LYCURGUS threw up their Estates to be parcel'd by his Agrarian but that in Oceana it is not needful or requir'd that any man should part with a Farthing or throw up one shovelful of his Earth he imposes as if I went about to persuade the Nobility to throw up their Lands Six WHERAS I have shewn that no one of those within the three hundred can have any Interest against the Agrarian he without shewing what such an Interest can be insinuats that they have an Interest against it Seven WHERAS the Government of Oceana gos altogether upon consent and happens not only to fit privat to public but even public to privat Utility by which means it is void of all Objection he insinuats that it is against privat Utility Eight WHERE he says that in chusing a Government every man is left to his own native Right he insinuats that the Agrarian which dos no more than fix Property as she found it is against native Right Nine WHERAS God has given the Earth to the Sons of men which native Right as in case a man for hunger takes so much as will feed him and no more of any other mans meat or herd prescribes against legal Property and is the cause why the Law esteems not such an Action to be Theft he insinuats that there is a native Right in legal Property which cannot be prescrib'd against by the Interest of all the rest of Mankind Ten. WHILE he pleaded the case of Monarchy Levelling was concluded lawful in the case of a Commonwealth which asks no such favor Levelling is concluded unlawful Eleven IN the Reformation or Level as to Monarchy tho Property subsisted before that Level yet Property was to be fitted to the Government and not the Government to Property but in the case of a Commonwealth the Government is to be fitted to Property and not Property Chap. 11 to the Government Twelve IN that any man was bound to relinquish his native Right else how could a Prince level his Nobility In this no man is bound to relinquish his native Right Thirteen IN that this same native Right might be prescrib'd against by the Prince in this it cannot be prescrib'd against by the Interest of Mankind Fourteen IN that no Nobleman but ought to own a shame if he prefer'd his Interest before that of the Prince in this no Nobleman ought to own a shame for preferring his own Interest before that of a whole Nation Fifteen WOULD you have any more these fifteen majors and minors or false Dice are soop'd up again and put all into this Conclusion or Box like themselves THVS the Interest of the three hundred is not balanc'd with that of a whole Nation but that of som few extravagant Spirits who by making Dams in the Current of other mens Estates hope to derive som Water to their own parch'd Fortunes CALVMNIARE fortiter nihil adhaerebit If a River has but one natural Bed or Channel what Dam is made in it by this Agrarian but if a River has had many natural Beds or Channels to which she has forgot to reach her Breast and whose Mouths are dry'd up or obstructed these are Dams which the Agrarian dos not make but remove and what parch'd Fortunes can hereby hope to be water'd but theirs only whose Veins having drunk of the same Blood have a right in Nature to drink of the same Milk The Law of MOSES allow'd the firstborn but a double portion was his an extravagant Spirit HIS second throw is That the nature of the Agrarian is such as cannot be fix'd in regard that the People being intrusted with a Vote and a Sword may alter
〈◊〉 〈◊〉 〈◊〉 〈◊〉 to give the People by Placarts notice when the Judicatorys were to assemble that is when the People were to assemble in that capacity and to judg according to the Law made or when the Senat or the People were to assemble upon an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a Crime that was not provided against by the Law as that of ALCIBIADES the Wits about that time in Athens being most of them Atheists for laughing at CERES discovering her Secrets and shaving of the MERCURYS If an Archon or Demagog was guilty of such a Crime it belong'd to the cognizance of the Senat otherwise to that of the People whom the Thesmothetae were also in like manner to warn L. 8. c. 16. when they were to com to the Suffrage THESE six like the Electors in Venice presided at all Elections of Magistrats whether made by the Lot as the Judges or by Suffrage as the new Archons the Strategus or General and most of the rest They also had the hearing and introducing of all Causes into the Judicatorys BUT the right of assembling the Ecclesia or Congregation belong'd to the Prytans by whom the Senat propos'd to the People THE Congregation consisted of all them that were upon the Roll of the Lexiarcha that is to say of the whole People having right to the City The Prytans seated upon a Tribunal were Presidents of this Assembly the Assembly having sacrific'd and made Oath of Fidelity to the Commonwealth the Proedri or Presidents of the Prytans Book I propos'd by Authority of the Senat to the People in this manner July the 16th POLICLES being Archon and the Tribe of Pandion in the Prytaneat DEMOSTHENES PAEANEUS thought thus or was of this opinion The same Custom wherby the first Proposer subscribes his Opinion or Part with his Name is at this day in Venice Proposition being made such of the People as would speak were call'd to the Pulpit they that were fifty years of Age or upwards were to com first and the younger afterwards which custom of prating in this manner made excellent Orators or Demagogs but a bad Common-wealth FROM this that the People had not only the Result of the Commonwealth but the Debate also Athens is call'd a Democracy and this kind of Government is oppos'd to that of Lacedemon which because the People there had not the power of Debate but of Result only was call'd an Aristocracy somtimes an Oligarchy thus the Greecs commonly are to be understood to distinguish these two while according to my Principles if you like them Debate in the People makes Anarchy and where they have the Result and no more the rest being manag'd by a good Aristocracy it makes that which is properly and truly to be call'd Democracy or Popular Government Neither is this Opinion of mine new but according to the Judgment of som of the Athenians themselves for says ISOCRATES in his Oration to the Areopagits for Reformation of the Athenian Government I know the main reason why the Lacedemonians flourish to be that their Commonwealth is popular But to return As many of the People as would having shew'd their Eloquence and with these the Demagogs who were frequently brib'd conceal'd their Knavery the Epistata or Provost of the Proedri put the Decree or Question to the Vote and the People gave the Result of the Commonwealth by their Chirotonia that is by holding up their hands the Result thus given was the Law or Psephisma of the People Dem. Phil. 1. NOW for the Functions of the Congregation they were divers as first Election of Magistrats 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 namely the Archons the Strategus or General the Field Officers the Admirals with divers others all or the chief of them annual and commonly upon Terms and Vacations tho it be true as PLUTARCH has it that PHOCION was Strategus four years together having that Honor still put upon him by the Congregation without his seeking The next Office of this Assembly was to elect Judges into five Courts or Judicatorys for the People being in the Bulk too unweildy a Body for the performance of this duty they exercis'd the supreme Judicature by way of Representative into which Election was made by Lottery in such a manner that five hundred one thousand or 1500 of them according to the importance of the occasion being above thirty years of Age and within the rest of the Qualifications in that case provided by the Law became the Soverain Judicatory call'd the Heliaea In all Elections whether by Lot or Suffrage the Thesmothetae were Presidents and order'd the Congregation Furthermore if they would amend alter repeal or make a Law this also was don by a Representative of which no man was capable that had not bin of the Heliaea for the rest elected out of the whole People this amounting to one thousand was call'd the Nomothetae or Legislators No Law receiv'd by the People could be abrogated but Chap. 12 by the Nomothetae by these any Athenian having obtain'd leave of the Senat might abrogat a Law provided withal he put another in the place of it These Laws the Proedri of the Prytans were to put to the Suffrage FIRST the old whether it agreed with the Athenian People or not then the new and whether of these happen'd to be chirotoniz'd or voted by the Nomothetae was ratify'd according to that piece of the Athenian Law cited by DEMOSTHENES against TIMOCRATES 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 What has bin said of the Commonwealth of Athens in relation to the present purpose amounts to thus much That not only the Senat and the Magistracy in this Policy was upon Rotation but even the People also at least as to the Nomothetae or their Legislative Power and the Supreme Judicatory of the Heliaea each of these being a Representative constituted of one thousand or fifteen hundred Citizens BUT for what follows in the second Book it is necessary that I observe in this place the proceding of certain Divines who indeavor to make use of this Commonwealth for ends of their own as particularly Dr. SEAMAN who in his Book call'd Four Propositions argues after this manner CHIROTONIA as SUIDAS has it signifys both Plebiscitum a Law made by the People and Psephisma Now says he Psephisma is the ordinary word us'd in the Attic Laws and in DEMOSTHENES for Senatusconsultum a Law made by the Senat whence he draws this Conclusion As when the People make a Law they are said to Chirotonize so may the Rulers in like manner in those Laws that are made by themselves alone THESE ways with Divines are too bad The words of SUIDAS are these 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Chirotonia is Election or Ratification by the Many which expresly excludes the Few or the Senat from being otherwise contain'd by the word Chirotonia than a part is by the whole Nor has the Author the word Psephisma or Plebiscitum in the place I would fain know what other word there is
month of October that these being all chosen by that time then receive their Magistracy it consists also of sixty more call'd the Junta which are elected by the Scrutiny of the Old Senat that is by the Senat proposing and the Great Council resolving the rest of their Creation is after the same manner with the former In the Sixty of the Senat there cannot be above three of any one Kindred or Family nor in the Junta so many unless there be fewer in the former These Magistracys are all annual but without interval so that it is at the pleasure of the Great Council whether a Senator having finish'd his year they will elect him again The College THE College is a Council consisting more especially of three Orders of Magistrats call'd in their Language Savi as the Savi grandi to whose cognizance or care belong the whole affairs of Sea and Land the Savi di Terra ferma to whose care and cognizance belong the affairs of the Land and the Savi di Mare to whose cognizance appertain Book I the affairs of the Sea and of the Ilands These are elected by the Senat not all at once but for the Savi grandi who are six by three at a time with the interposition of three months and for the Savi di Terra ferma and the Savi di Mare who are each five after the same manner save only that the first Election consists of three and the second of two Each Order of the Savi elects weekly one Provost each of which Provosts has Right in any affair belonging to the cognizance of his Order to propose to the College Audience of Embassadors and matters of foren Negotiation belong properly to this Council The Signory THE Signory consists of the Duke and of his Counsillors The Duke is a Magistrat created by the Great Council for life to whom the Commonwealth acknowleges the Reverence due to a Prince and all her Acts run in his name tho without the Counsillors he has no Power at all while they can perform any Function of the Signory without him The Counsillors whose Magistracy is annual are elected by the Scrutiny of the Senat naming one out of each Tribe for the City is locally divided into six Tribes and the Great Council approving so the Counsillors are six whose Function in part is of the nature of Masters of Requests having withal power to grant certain Privileges but their greatest preeminence is that all or any one of them may propose to any Council in the Commonwealth Certain Rights of the Councils THE Signory has Session and Suffrage in the College the College has Session and Suffrage in the Senat and the Senat has Session and Suffrage in the Great Council The Signory or the Provosts of the Savi have power to assemble the College the College has power to assemble the Senat and the Senat has power to assemble the Great Council the Signiori but more peculiarly the Provosts of the Savi in their own Offices and Functions have power to propose to the College the College has power to propose to the Senat and the Senat has power to propose to the Great Council Whatever is thus propos'd and resolv'd either by the Senat for somtimes thro the security of this Order a Proposition gos no further or by the Great Council is ratify'd or becoms the Law of the Commonwealth Over and above these Orders they have three Judicatorys two Civil and one Criminal in each of which forty Gentlemen elected by the Great Council are Judges for the term of eight months to these Judicatorys belong the Avogadori and the Auditori who are Magistrats having power to hear Causes apart and as they judg fitting to introduce them into the Courts IF a man tells me that I omit many things he may perceive I write an Epitome in which no more should be comprehended than that which understood may make a man understand the rest But of these principal parts consists the whole body of admirable Venice THE Consiglio de' Dieci or Council of Ten being that which partakes of Dictatorian Power is not a limb of her but as it were a Sword in her hand This Council in which the Signory has also Session and Suffrage consists more peculiarly of ten annual Magistrats created by the Great Council who afterwards elect three of their own number by Lot which so elected are call'd Capi de' Dieci their Magistracy being monthly Again out of the three Capi one is taken by Lot whose Magistracy is weekly this is he who over against the Tribunal in the Great Council sits like another Duke and is call'd the Provost of the Dieci It belongs to these three Magistrats to assemble Chap. 12 the Council of Ten which they are oblig'd to do weekly of course and oftner as they see occasion The Council being assembl'd any one of the Signory or two of the Capi may propose to it the power which they now exercise and wherin for their assistance they create three Magistrats call'd the Grand Inquisitors consists in the punishment of certain heinous Crimes especially that of Treason in relation wherto they are as it were Sentinels standing upon the guard of the Commonwealth But constitutively with the addition of a Junta consisting of other fifteen together with som of the chief Magistráts having Right in cases of important speed or secrecy to this Council they have the full and absolute Power of the whole Commonwealth as Dictator THAT Venice either transcrib'd the whole and every part of her Constitution out of Athens and Lacedemon or happens to be fram'd as if she had so don is most apparent The Result of this Common-wealth is in the Great Council and the Debate in the Senat so was it in Lacedemon A Decree made by the Senat of Athens had the power of a Law for one year without the People at the end wherof the People might revoke it A Decree of the Senat of Venice stands good without the Great Council unless these see reason to revoke it The Pryians were a Council preparing business for the Senat so is the Collegio in Venice the Presidents of the Prytans were the ten Proedri those of the Collegio are the three Provosts of the Savi The Archons or Princes of Athens being nine had a kind of Soverain Inspection upon all the Orders of the Commonwealth so has the Signory of Venice consisting of nine besides the Duke The Quarancys in Venice are Judicatorys of the nature of the Heliaea in Athens and as the Thesmothetae heard and introduc'd the causes into that Judicatory so do the Avogadori and the Auditori into these The Consiglio de' Dieci in Venice is not of the Body but an Appendix of the Commonwealth so was the Court of the Ephori in Lacedemon and as these had power to put a King a Magistrat or any Delinquent of what degree soever to death so has the Consiglio de' Dieci This again is
of the Province but because they could not foresee all things as appear'd by the Questions which PLINY put upon the Laws of POMPEY to TRAJAN it came to pass that much was permitted to the Edicts of the Provincial Pretors as was also in use at Rome with the Pretors of the City and if any man had judg'd otherwise in his Province than he ought to have don in the City made an Edict contrary to the Law of his Province or judg'd any thing otherwise than according to his own Edict he was held guilty of and questionable for a hainous Crime But what the Law of this or that Province which differed in each was would be hard particularly to say only in general it was for the main very much resembling that of Sicily call'd Rupilia LEGE Rupilia or by the Law of RUPILIUS a Cause between one Citizen and another being of the same City was to be try'd at home by their own Laws A Cause between one Provincial and another being of divers Citys was to be try'd by Judges whom the Pretor should appoint by lot What a privat man claim'd of a People or a People of a privat man Book II was to be refer'd to the Senat of som third City Vpon what a Roman claim'd of a Provincial a Provincial was to be appointed Judg. Vpon what a Provincial claim'd of a Roman a Roman was to be appointed Judg. For decision of other Controversys select Judges from among the Romans not out of the Pretorian Cohort but out of such Romans or other Citizens free of Rome as were present in the same Court were to be given In criminal Causes as Violence Peculat or Treason the Law and the manner of proceding was the same in the Provinces as in Rome FOR the Tributs Customs Taxes levys of Men Mony Shipping ordinary or extraordinary for the common defence of the Roman Republic and her Provinces the Consuls Proconsuls or Pretors proceding according to such Decrees of the Senat as were in that case standing or renew'd upon emergent occasions in gathering these lay the Magistracy or office of the Questor if the Proconsul were indispos'd or had more business than he could well turn his hand to Courts of this nature might be held by one or more of his Legats With matter of Religion they meddl'd not every Nation being so far left to the liberty of Conscience that no violence for this cause was offer'd to any man by which means both Jews and Christians at least till the time of the persecuting Emperors had the free exercise of their Religion throout the Roman Provinces This the Jews lik'd well for themselves nor were they troubl'd at the Heathens but to the Christians they always gâ—udg'd the like privilege Thus when they could no otherwise induce PILAT to put Christ to death they accus'd Christ of affecting Monarchy and so afrighted PILAT being a mean condition'd fellow while they threaten'd to let TIBERIUS know he was not Cesar's Friend that he comply'd with their ends But when at Corinth where GALLIO a man of another temper was Proconsul of Achaia they would have bin at this sport again and with a great deal of Tumult had brought PAUL before the Tribunal GALLIO took it not well that they should think he had nothing else to do than to judg of Words and Names and Questions of their Law for he car'd no more for the Disputes between the Christians and the Jews than for those between the Epicureans and the Stoics Wheâ—fore his Lictors drave them from the Tribunal and the officious Corinthians to shew their love to the Proconsul fell on knocking them out of the way of other business NOW tho the Commonwealth of the Achaeans being at this time a Roman Province under the Proconsul GALLIO injoy'd no longer her common Senat Strategus and Demiurges according to the model shown in the former Book yet remain'd each particular City under her antient form of Popular Government so that in these especially at Corinth many of the Greecs being of the same judgment the Jews could not dispute with the Christians without Tumult Of this kind was that which happen'd at Ephesus where Christianity growing so Act. 19. fast that the Silversmiths of DIANA'S Temple began to fear they should lose their Trade the Jews liking better of Heathenism than Christianity set ALEXANDER one of their pack against PAUL THIS place in times when men will understand no otherwise of human story than makes for their ends is fallen happily unto my hand seeing that which I have said of a Roman Province will be thus no less than prov'd out of Scripture For the Chancellor of Ephesus perceiving the Ecclesia so it is in the Original or Assembly as in our Translation uncall'd by the Senat or the Magistracy to Chap. 2 be tumultuously gather'd in the Theater their usual place as in Syracusa and other Citys of meeting betakes himself to appease the People with divers arguments among which he has these First as to matter of Religion You have brought hither says he these men which are neither robbers of Temples Churches our Bible has it before there was any Church to be robb'd nor yet blasphemers of the Goddess In which words seeing that they offering no scandal but only propagating that which was according to their own judgment were not obnoxious to Punishment he shews that every man had liberty of Conscience Secondly as to Law If DEMETRIUS and the Craftsmen which are with him have a matter against any man the Law says he is open Thirdly as to the matter of Government which appears to be of two parts the one Provincial the other Domestic For the former says he there are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Proconsuls he speaks in the plural number with relation to the Legats by whom the Proconsul somtimes held his Courts otherwise this Magistrat was but one in a Province as at this time for Asia PUBLIUS SUILIUS and to the latter says he if you desire any thing concerning other matters that is such as appertain to the Government of the City in which the care of the Temple was included it shall be determin'd in a lawful Ecclesia or Assembly of the People By which you may see that notwithstanding the Provincial Government Ephesus tho she was no free City for with a free City the Proconsul had nothing of this kind to do had 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Government of her self as those other Citys mention'd in PLINY'S Epistles by the Senat and the People for wherever one of these is nam'd as the Senat by PLINY or the People by LUKE the other is understood When the Chancellor had thus spoken he dismiss'd the Ecclesia It is LUKE'S own word and so often as I have now repeated it so often has he us'd it upon the same occasion Wherfore I might henceforth expect two things of Divines first that it might be acknowleg'd that I have good Authors LUKE and the Chancellor of
Ephesus for the word Ecclesia in this sense and secondly that they would not persuade us the word Ecclesia has lost this signification lest they condemn this place of Scripture to be no more understood The manner of Provincial Government being thus prov'd not only out of profane Authors but out of Scripture it self and the Citys that were least free having had such power over themselves and their Territorys why if the Romans took no more of them for this protection than was paid to their former Lords did they not rather undertake the patronage of the World than the Empire seeing Venice and Dantzic while the one was tributary to the Turk the other to the King of Poland were nevertheless so free Estates that of a King or a Commonwealth that should have put the rest of the world into the like condition no less in our day could have bin said And yet that the Romans when the nature of the Eastern Monarchys shall be rightly consider'd took far less of these Citys than their old Masters will admit of little doubt CICERO surely would not ly he when Proconsul of Cilicia wrote in this manner concerning his Circuit to his friend SERVILIUS Two days I staid at Laodicea at Apamea five at Sinnadae three at Pilomelis five at Iconium ten than which Jurisdiction or Government there is nothing more just or equal Why then had not those Citys their Senats and their Book II Ecclesiae or Congregations of the People as well as that of Ephesus and those wherof PLINY gives an account to TRAJAN CORINTH was in Achaia Perga of Pamphylia Antioch of Pisidia Iconium Lystra Derbe of Lycaonia were in Cilicia and with these as som reckon Attalia Ephesus and the other Antioch were in Syria Achaia Cilicia and Syria were Roman Provinces at the time of this Perambulation of the Apostles The Citys under Provincial Administration whether free or not free were under Popular Government whence it follows that Corinth Ephesus Antioch of Syria Antioch of Pisidia Perga Iconium Lystra Derbe Attalia being at this time under Provincial Administration were at the same time under Popular Government There has bin no hurt in going about for the proof of this tho indeed to shew that these Citys had quandam 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 were under Popular Government we needed to have gon no further than the Text as where the Chancellor of Ephesus to get rid of a tumultuous Ecclesia or Assembly of the People promises them a lawful one In Iconium Lystra Derbe and the rest you hear not of any King as where HEROD stretch'd out his hand to please the Jews and vex the Church but of the People of their Rulers of their Assemblys and of their Tumults The People at Lystra are now agreed to give the Apostles divine Honors and anon both at Iconium and Lystra to stone them Now to determin of divine Honor or of Life and Death are acts of Soverain Power It is true these nevertheless may happen to be usurp'd by a mere Tumult but that cannot be said of these Congregations which consisted as well of the Magistrats and Rulers as of the People and where the Magistrats shew that they had no distinct Power wherby to restrain the People nor other means to prevail against them than by making of Partys Which Passages as they prove these Commonwealths on the one side to have bin ill constituted evince on the other that these Citys were under Popular Government CHAP. III. The Deduction of the Chirotonia from Popular Government and of the Original Right of Ordination from the Chirotonia In which is contain'd the Institution of the Sanhedrim or Senat of Israel by MOSES and of that of Rome by ROMULUS DIVINES generally in their way of disputing have a bias that runs more upon Words than upon Things so that in this place it will be necessary to give the Interpretation of som other Words wherof they pretend to take a strong hold in their Controversys The chief of these has bin spoken to already Chirotonia being a word that properly signifys the Suffrage of the People wherever it is properly us'd implys Power wherfore tho the Senat decrees by Suffrage as well as the People yet there being no more in a Decree of the Senat than Authority the Senat is never said to Chirotonize or very seldom and improperly this word being peculiar to the People And thus much is imply'd in what went before THE next Word in Controversy is Psephisma which signifys a Decree Chap. 3 or Law and this always implying Power always implys the Suffrage of the People that is where it is spoken of popular Government for tho a Psephisma or Decree of the Athenian Senat was a Law for a year before it came to the Suffrage or Chirotonia of the People yet the Law or Constitution of SOLON wherby the Senat had this Power originally deriv'd from the Chirotonia of the People THE third Word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifys to constitute or ordain this in the political sense of the same implys not Power but Authority for a man that writes or proposes a Decree or Form of Government may be said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to propose or constitute it whether it be confirm'd by the Chirotonia of the People or not nay with HALICARNASSAEUS the Word signifys no more than barely to call or assemble the Senat 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 NOW if these Words be somtimes otherwise taken what Words be there in any Language that are not often us'd improperly But that understood politically they must of necessity be understood as I have shewn or will so intangle and disorder Government that no man shall either make head or foot of it is that which I make little question to evince in the surest way that is by opening the nature of the Things whence they derive and wherof they are spoken by the best Authors AND because the Words tho the Things they signify were much more antient derive all from Athens I shall begin by this Constitution to shew the proper use of them Chirotonia in Athens as has bin shewn out of SUIDAS who speaking of Rome refers to this was Election of Magistrats or enacting Laws by the Suffrage of the People which because they gave by holding up their hands came thence to be call'd Chirotonia which signifys holding up of hands The Legislative Assembly or Representative of the People call'd the Nomothetae upon occasion of repealing an old Law and enacting a new one gave the Chirotonia of the People And yet says the Athenian Demost contra Timocr Law 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Let the Proedri give or make the Chirotonia to either Law The Proedri as was shewn in the former Book were the ten Presidents of the Prytans which Prytans upon this occasion were Presidents of the Nomothetae Again wheras it was the undoubted Right and Practice of the People to elect their Magistrats by their Chirotonia 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 it
to shew that the Lot is of Popular Institution quotes ARISTOTLE and yet Arist Pol. B. 6. c. 2. when he coms to speak of the Lots that were cast at the Election of MATTHIAS says it was that it might appear not whom the Multitude De Imp. S. P. c. 10. but whom God had ordain'd as if the Magistrat lawfully elected by the People were not elected by God or that the Lot which thus falls into the lap were not at the disposing of the Lord. But if the League by which the People receiv'd DAVID into the Throne or the Votes by which first the People of Jerusalem and afterwards the Congregation of Israel as was shewn in the former Book made SOLOMON King were of the Lord then Election by the People was of the Lord and the Magistrat that was elected by the Chirotonia of the People was elected by the Chirotonia of God for as the Congregation of Israel is call'd in Scripture 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Ecclesia or Congregation Judges 20. of God so the Chirotonia of this Congregation is call'd by JOSEPHUS 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Chirotonia of God who as I noted Jos l. 4. before out of CAPELLUS was in this Commonwealth Political King or Civil Legislator Sans comparaison as SOLON in Athens and ROMULUS in Rome that is to propose to the People Haec est lex quam MOSES proposuit and whatever was propos'd by God or the lawful Magistrat under him and chirotoniz'd or voted by the People was Law in Israel and no other Nay and the People had not only power to reject any Law that was thus propos'd but to repeal any Law that was thus enacted for if God intending Popular Government should have ordain'd it otherwise he must have contradicted Book II himself wherfore he plainly acknowleges to them this power where Josephus l. 6. c. 5. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 they rejected him whom they had formerly chirotoniz'd or chosen King that he should not reign over them and elected SAUL This if God had withstood by his Power he must have introduc'd that kind of Monarchy which he had declar'd against wherfore he chose rather to abandon this sottish and ingrateful People to the most inextricable yoke of deserv'd slavery telling them when he had warn'd them and they would not hear him that they should cry to him and he would not hear them one tittle of whose words pass'd not unfulfil'd BY this time I have shewn that all the Civil Magistrats in Israel were chosen by the Chirotonia of the People or to follow JOSEPHUS by the Chirotonia of God which is all one for the Chirotonia of the President of the Congregation as I have instanc'd in that of the Proedri of the Thesmothetae of the Consuls of the Tribuns and the Chirotonia of the Congregation is the same thing and of the Congregation of Israel God except only at the voting of a King was President TO com then from the Civil Magistrats to the Priests and Levits these were chosen in two ways either by the Lot or by the Chirotonia THE office and dignity of the High Priest being the greatest in Israel and by the institution to be hereditary caus'd great disputes in the Election to this MOSES by the command of God had design'd AARON his Brother which Designation the Command of God being at first either not so obvious as that relation or the ambition of others so blind that they could not or would not see it caus'd great combustion First thro the conspiracy of KORAH DATHAN and ABIRAM and next by the murmuring of the Princes of the Tribes all emulous of this Honor. KORAH being not only a great Numb 16. Josephus l. 4. man but of the Tribe of Levi could not see why he was not as worthy of the Priesthood consideration had of his Tribe as AARON and if any other Tribe might pretend to it DATHAN and ABIRAM being descended from REUBEN were not only of the elder House but troubl'd to see a younger prefer'd before them Wherfore these having gain'd to their party three hundred of the most powerful men of the Congregation accus'd MOSES of affecting Tyranny and doing those things which threaten'd the Liberty of the Commonwealth as under pretence of Divination to blind the eys of the People preferring his Brother to the Priesthood without the Suffrage of the Congregation of which charge MOSES acquitting himself in the Congregation tells the People that AARON was chosen both by God and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by their Suffrages which KORAH being upon this occasion miraculously destroy'd were therupon once more given by the People Nevertheless the Princes of the Tribes continuing still discontented and full of murmur God decided the Controversy by a second miracle the budding of AARON 's Rod and so 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 being thrice confirm'd by the Chirotonia of God he was confirm'd in that honor Now that the Chirotonia of God in this place of JOSEPHUS signifys the Chirotonia of the 1 Chron. â—9 22. People is plain by that in Scripture where they made SOLOMON King and ZADOCK to be Priest After the Captivity as in other things so in this power the Sanhedrim came as I conceive Chap. 3 to overreach the People JOSHUA the Son of JOSEDECH being thus elected High Priest by the Sanhedrim and this Honor thenceforth Grot ad Hag. 1. 1. Joseph de Bel Jud. l. 4. Maimon Hal. Cele Hamikdasch cap. 4 5. 2 Chron. 24. 5. 25. 8. 26. 13. as appears by MAIMONIDES being at the disposing of this Court Nor could any inferior Priest serve at the Altar except he had acquir'd that right by the Lot as is not only deliver'd by the same Author and by JOSEPHUS but in Scripture Now the Lot as was shewn giving no Prerogative either to any person or party is as popular an Institution as the Chirotonia So in election of Priests the Orders of Israel differ'd not from human Prudence nor those of other Commonwealths the Priest of JUPITER having bin elected after the same manner in the Commonwealth of Syracusa the Augustales and the Vestals in that of Rome and if the right of bearing holy Magistracy being in Israel confin'd to one Tribe or Order may seem to make any difference it was for som time no otherwise in Athens nor in Rome where the Patricians or Nobility assum'd these Offices or the greatest of them to themselves till the People in those Citys disputed that Custom as introduc'd without their consent which the People of Israel could not fairly do because it was introduc'd by their consent TO com to the Levits in their original Ordination God commanded MOSES saying Thou shalt bring the Levits before the Tabernacle Numb 8. 9 10. of the Congregation and thou shalt gather the whole assembly of the Children of Israel and they shall put their hands upon the Levits This in the sound of the words may seem to imply the
Whether the Chirotonia mention'd in the fourteenth of the Acts be indeed as is pretended by Dr. HAMMOND Dr. SEAMAN and the Authors they follow the same with the Chirothesia or a far different thing In which are contain'd the divers kinds of Church-Government introduc'd and exercis'd in the age of the Apostles EITHER I have impertinently intruded upon the Politics or cannot be said so much to meddle in Church matters as Churchmen may be said to have meddled in State matters For if the Chirotonia be Election by the many and the Chirothesia be Election by one or by the Few the whole difference between Popular and Monarchical Government falls upon these two words and so the question will be Whether the Scriptures were intended more for the advantage of a Prince of a Hierarchy or Presbytery than of the People But that God in the Old Testament instituted the Chirotonia not only in the Commonwealth as by the Election of the Sanhedrim but in the Monarchy as in the Election of the Kings is plain So if there remains any advantage in Scripture to Kings to the Hierarchy or Presbytery it must be in the New Testament Israel was God's chosen People and God was Israel's chosen King That God was pleas'd to bow the Heavens and com down to them was his choice not theirs but in that upon his Proposition and those of his Servant MOSES they resolv'd to obey his Voice and keep his Covenant they chose him their King In like manner the Church is CHRIST'S chosen People and CHRIST is the Church's chosen King That CHRIST taking flesh was pleas'd to bow the Heavens and com down in a more familiar capacity of proposing himself to Mankind was his own choice not theirs but in that the Church upon his Proposition or those of his Apostles sent by him as he was sent by the Father resolv'd to obey his Voice and keep his Covenant she has chosen him her King Whatever in Nature or in Grace in Church or in State is chosen by Man according to the Will of God is chosen by God of whom is both the Will and the Deed. Which things consider'd I wonder at Dr. HAMMOND who says Sure the Jewish and Heathen Citys to whom the Gospel by §. 36. CHRIST'S Command was to be preach'd were not to chuse their Guides or Teachers CHRIST was not chosen by them to whom he preach'd for says he ye have not chosen me He came from Heaven sent by his Father on that Errand and happy they whom he was thus pleas'd to chuse to call Book II and preach to And when his Apostles after his example go and preach to all Nations and actually gather Disciples they chose their Auditors and not their Auditors them To make short work I shall answer by explaining his Words as they fall A ROMAN chusing whether he would speak to the Senat or the People chose his Auditors and not they him Nevertheless if it were the Consul they chose him and not he them It is one thing to be a Speaker to a People that have the liberty when that 's don to do as they think fit and another thing to be a Guide whom the People have consented or oblig'd themselves to follow which distinction not regarded makes the rest of his Argumentation recoil upon himself while he procedes thus And they that give up their Names to the Obedience of the Gospel chose the Preachers as I should think of that Gospel their Guides one branch of this Obedience obliges them by their own consent it seems because before they gave up their Names to observe those that being thus plac'd over them by their consent are plac'd over them by God such not only are their Civil Magistrats who succede to their places by and govern according to the Laws which the People have chosen but also their Pastors whom the Holy Ghost either mediatly according to the Rules of Church Disciplin in Scripture or immediatly upon som such miraculous Call as the People shall judg to be no imposture has set over them From which words the Doctor not considering those Qualifications I have shewn all along to be naturally inherent in them concludes that a Bishop is made by the Holy Ghost and not by the People IF he would stand to this yet it were somthing for if the Holy Ghost makes a Bishop then I should think that the Holy Ghost ordain'd a Bishop and so that the Election and Ordination of a Bishop were all one But this hereafter will appear to be a more dangerous Concession than perhaps you may yet apprehend Wherfore when all is don you will not find Divines at least Dr. HAMMOND to grant that the Holy Ghost can ordain he may elect indeed and that is all but there is no Ordination without the Chirothesia of the Bishops or of the Presbytery Take the Doctor 's word for it § 107. Acts 20. 28. WHEN St. PAUL says of the Bishops of Asia that the Holy Ghost had set them Overseers I suppose that it is to be understood of their Election or Nomination to those Dignitys for so CLEMENT speaks of St. JOHN who constituted Bishops of those that were signify'd by the Spirit where the Spirit 's Signification notes the Election or Nomination of the Persons but the constituting them was the Ordination of St. JOHN GOD may propose as the Electors do to the great Council of Venice but the Power of the Council that is to resolve or ordain is in the Bishop says Dr. HAMMOND and in the Presbytery says Dr. SEAMAN Indeed that Election and Ordination be distinct things is to Divines of so great importance that losing this hold they lose all For as I said before whatever is chosen by Man according to the Will of God that is according to Divine Law whether natural or positive the same whether in State or Church is chosen by God or by the Holy Ghost of whom is both the Will and the Deed. To evade this and keep all in their own hands or Chirothesia Divines have invented this distinction that Election is one thing and Ordination another God may elect but they must constitute that is God may propose but they must resolve And yet GROTIUS who in these things is a great Champion for the Clergy has little Chap. 5 more to say upon this Point than this Whether we consider antient or De Imp. sum Pot. c. 10. §. 31. modern Times we shall find the manner of Election very different not only in different Ages and Countrys but in different years of the same age and places of the same Country so uncertain it is to determin of that which the Scripture has left uncertain And while men dispute not of Right but of Convenience it is wonderful to see what probable Arguments are brought on all sides Give me CYPRIAN and his times there is no danger in popular Election Give me the Nicene Fathers and let the Bishops take it willingly Give me
the Commonwealth of Midian upon advice of JETHRO his Father in Law According to such patterns was Chap. 5 Israel fram'd and by that of Israel this first Policy of the Church of CHRIST so exactly as sans comparaison any man shall shew the Commonwealth of Oceana to have bin transcrib'd out of Rome or Venice Let them that would have the Government be somwhat between Earth and Heaven consider this place NOR is Ecclesiastical Policy only subject to Human Prudence but to the same vicissitudes also wherto Human Prudence is subject both in her own nature and as she is obnoxious to the State wherin she is planted and that inavoidably as I com now to demonstrat by the Alterations which happen'd even in the Age of the Apostles themselves for this at the Election of MATTHIAS being alter'd the next form of Ecclesiastical Policy introduc'd in their times is resembl'd by GROTIUS to that of Athens of which for the better clearing of what follows it is necessary that I first say somthing by way of Introduction THE Thesmothetae being in number six were Magistrats of the highest dignity power and rank in Athens These says ARISTOTLE Arist 2. lib. 2 c. 10. were elected by the Chirotonia or Suffrage of the People and says POLLUX being elected underwent the Inquisition of the Senat where they were to answer to these Interrogatorys Whether they worship'd the God of their Countrys Whether they had bin dutiful to their Parents born Arms for the Commonwealth paid Dutys or Taxes In which Particulars the Senat being satisfy'd They were sworn and Pol. lib. 8. c. 9. crown'd with Mirtle which coms to this that the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Constitution being reserv'd to the Senat the Thesmothetae were elected by the Chirotonia of the People Now tho the Government of Athens throout the Citys of Asia being most of them of the like Model was most known I will not say that the Apostles wrote their Orders out of Athens but seeing all Political Institutions must needs be according to Human Prudence and there is nothing to be written out of this but what will fall even with som other Government that is or has bin I may say as GROTIUS has said before me that the frame of Church Government in the insuing Example was after the manner of Athens Second way of Ordination in the Church of Christ WHEN the number of the Disciples or Believers was multiply'd there arose a murmuring among such of the Jews as having bin bred in Alexandria or other parts were for their Language which was Greec partly strangers against the Hebrews or converted Jews that spoke their own Language as if these indeed us'd them like strangers their Widows being neglected or not dealt so liberally withal as those of the Hebrews in the Contributions due for their constant maintenance HEREUPON the twelve Apostles after the manner of the Senat having without all question debated the business among themselves as appears by the speech upon which they were agreed assembl'd the People which is still Senatorian or call'd the multitude of the Disciples to them and said It is not reason that we should leave preaching or the Word of God to be taken up with this tho charitable nay seeing we have introduc'd Community of goods most just and necessary imployment of providing Food and Clothing for every one of our Fellowship or Community the Christians in these times much after the manner of the Lacedemonian Convives us'd to eat in public and together to do this as it ought to be don were to becom Book II Caterers and be taken up in serving Tables Wherfore Brethren take the wise men and understanding and known among you look out seven men of honest report full of the Holy Ghost and of Wisdom 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 whom we may appoint over this business THIS Saying that is this Proposition of the Senat or Apostles pleas'd the whole Multitude like that of MOSES the thing which thou hast said is good for us to do So they chose STEPHEN PHILIP PROCHORUS NICANOR TIMON PARMENAS and NICHOLAS whom being elected they set before the Apostles who when they had pray'd laid their hands upon them WHAT fuller demonstration can be given of any thing than that in this example Ordination and Election are one and the same and that this was confer'd by the Chirotonia of the People If there be any possible way of making this clearer it must be by opposition wherfore let us see what Divines have to say to the contrary GROTIVS gives all we ask from this place which he gives for nothing because it concerns not the Election of Pastors but of Deacons As if STEPHEN and PHILIP had not only bin Preachers of the Gospel but don Miracles What Dr. SEAMAN denys or grants in relation to the same I have indeavor'd to understand but it will not do Dr. HAMMOND is so plain that his Objections may be of use He to prove that the Ordination of these Deacons was not in the Chirotonia of their Disciples but in the Chirothesia of the Apostles has these Arguments THERE be two things distinctly set down Election permitted to the People and the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 constituting reserv'd to the Apostles TO which I answer That there were two things set down by the Athenian Law Election of the Thesmothetae by the People and the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 constituting of them by the Senat yet that the Ordination was in the Power and that the Power was in the People of Athens he that makes a doubt is not resolv'd whether the most popular Commonwealth that ever was were a Démocracy BUT says he this looking out of men or chusing was permitted to the Multitude by the Apostles with these three bounds First to take seven neither more nor fewer Secondly those men generally known and well reputed of And thirdly full of the Spirit and of Discretion or parts â—it for Government To which I answer That the Election of the Thesmothetae was permitted by the Law to the People of Athens with these three bounds First to take six neither more nor fewer Secondly those generally known and reputed of Thirdly in such estimation for their honesty and ability for Government as in their consciences to which also they made Oath they should judg fittest for the Commonwealth Yet is all this so far from any proof that Athens was no Democracy or that the Soverain Power whether in enacting of Laws or election of Magistrats by the Lot or the Suffrage Institutions equally popular was not in the People that it amounts to the strongest argument that the People were Soverain and the Commonwealth was Democratical Could Truth desire greater advantage than redounds from such opposition We have another example of the same Model in which because it has bin paraphras'd upon already in the Introduction I shall be Acts 13. briefer here In the Church of Antioch where the Disciples were now becom
perform'd by the Chirotonia which by degrees came now in complacence with the Jews to the Chirothesia it seems he was contented not to alter the worst of political Institutions or Customs where he found them confirm'd by long and universal Practice and if so why should any man think that he would go about to alter or weed out the best where they had taken like root That this Administration of the Jews was Chap. 5 of the very worst is clear in the nature of the Politics there being no example of a pure Aristocracy or of a Senat such as was now the Sanhedrim without a popular balance that ever govern'd with Justice or was of any continuance Nor was the Chirothesia by which means this work came to effect in Israel introduc'd by the prudence of God but by the corrupt arts of Men. Now that the Governments at the same time of the Gentils all balanc'd by the Chirotonia of the People were in their nature more excellent and indeed more accommodated to antient Prudence as it was introduc'd by God himself in the Commonwealth of Israel has bin already sufficiently prov'd nevertheless to refresh your memory with one example more CRETE having bin as is affirm'd by the Consent of Authors the most antient and the most excellent Commonwealth in human Story was founded by RHADAMANTHUS and MINOS an Age before the Trojan War These were held to have learnt their Arts by familiar Discourse with JUPITER and from point to point to have fram'd their Model according to his direction Nor tho all acknowlege MINOS to have bin a King did he found his Government upon any other than a popular Balance or a fundamental regard to the Liberty of the People For the whole Commonwealth was made up of these three Epitome of the Common-wealth of Crete parts the College the Senat and the People The College consisted of the annual Magistrats call'd the Cosmi these had the whole extentive Power som in leading forth the Armys and others in judging the People which Functions were accordingly assign'd by the Orders to each in particular That which was common to them all was to propose such things as they had debated or prepar'd in their College or Council to the Senat. The Senat being elective for life was the Council to which appertain'd the Debate of whatever was to be propos'd to the Congregation The Congregation or Assembly of the People of Crete had not the right of Debate but in enacting of Laws and election of Magistrats had the ultimat Result of the Commonwealth Such was the Copy after which LYCURGUS wrote himself so famous a Legislator And thus stood this Frame to the six hundred and eighth year of Rome when this People having bin too favorable to Pirats then infesting those Seas turn'd the Arms of the Romans upon themselves and by these under the conduct of QUINCTUS METELLUS thence call'd CRETICUS Crete was made a Province tho the chief Citys being first freed it should seem by CICERO'S second Oration against Antony that the whole Iland was at length restor'd to her antient Liberty However by the manner observ'd by the Romans as was shewn in Provincial Government the Citys under their Magistrats who while the Common-wealth was a Province perhaps might have exercis'd the Office of the Cosmi were not yet depriv'd of their Popular Assemblys at least in their distinct Citys electing all Magistrats for their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 peculiar or domestic Government Such was the State of Crete when PAUL having appeal'd from the Jews to CAESAR and being therupon conducted by Sea towards Rome touch'd in his way upon this Iland where he left TITUS to constitute Elders in every City The word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 constitute our Divines will have to signify ordain by Imposition of Hands and Imposition of Hands to signify an act of Power excluding the People But why PAUL who among the Jews had compli'd with their Customs should injoin or how TITUS had it bin so Book II injoin'd should accomplish this where the Power was Popular they have not shewn nor consider'd To introduce Religion or Government there be but two ways either by persuasion or by force To persuade the people of Crete in whom was the Power to this new way of Ordination TITUS must have spoken to this effect Men of Crete MINOS being a King could not chuse but have a natural inclination to popular Power wherfore his pretence that JUPITER told him Power was to be in the People may be suspected to have bin imagin'd merely for his own ends or this is a certain sign that JUPITER is no true but a feign'd God seeing the true God will have it that the People should have no Power at all but that such upon whom his Ambassadors shall confer power be without all dispute obey'd How are you starting at this are you solicitous for your Commonwealth It is true that upon carnal principles or human prudence without Power in the People there can be no Common-wealth but Israel was a Commonwealth without power in the People where MOSES made all the Laws by the power invested in him by God and created all the Magistrats not by popular suffrage but by his Chirothesia Wherfore Men of Crete know ye that on whomsoever I lay my hands the same is in all spiritual Affairs or matters of Church-Government to be obey'd by you after the same manner that you have hitherto obey'd such Magistrats or Priests as have bin ordain'd by your own Election or Chirotonia Of what other nature the Arguments of TITUS to the pretended purpose could have bin I am not able to imagin nor how this should have don less than provoke the People to a dangerous jealousy of such a Doctrin But Divines to set all streight think it enough to repeat the words of PAUL to TITUS in Greec Tit. 1. 5. De Corond For this cause left I thee in Crete 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that thou shouldst ordain Elders in every City It is true that DEMOSTHENES speaks somwhat like words concerning the Expedition of PHILIP of Macedon in Peloponnesus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 when he had ordain'd Tyrants in every City but then PHILIP had an Army what Army did PAUL leave with TITUS Or if he ordain'd his Elders neither of these two ways I see no other than that only by the known and legal Chirotonia or Suffrage of the People But if this be clear the Clergy com from Crete not upon the Wings of TITUS but of ICARUS whose ambitious Wax is dissolv'd by the Sun SO much I conceive is now discover'd concerning Church-Government as may shew that it was not of one but of three kinds each obnoxious to the nature of the Civil Government under which it was planted in as much as the Chirotonia or Ballot of Israel being first introduc'd pure and without any mixture as at the Ordination of MATTHIAS came afterwards to receive som mixture of the Chirothesia
Governments CHAP. I. Considering the Principles or Balance of National Governments with the different kinds of the same CHAP. II. Shewing the variation of the English Balance CHAP. III. Of the fixation of the Balance or of Agrarian Laws CHAP. IV. Shewing the Superstructures of Governments THE Conclusion observing that the Principles of Human Prudence being good without proof out of Scripture are nevertheless such as are provable out of Scripture The Second Book THE Preface shewing that there were Commonwealths before that of Israel CHAP. I. Shewing that Israel was a Commonwealth CHAP. II. Shewing what Commonwealth Israel was CHAP. III. Shewing the Anarchy or state of the Israelits under their Judges CHAP IV. Shewing the state of the Israelits under their Kings to the Captivity CHAP. V. Shewing the state of the Jews in Captivity and after their return from Captivity or the frame of the Jewish Commonwealth and in that the Original of Ordination CHAP. VI. Shewing how Ordination was brought into the Christian Church and the divers ways of the same at divers times in use with the Apostles THE Conclusion Shewing that neither God nor Christ or the Apostles ever instituted any Government Ecclesiastical or Civil upon any other Principles than those only of Human Prudence The Third Book THE Preface Containing a Model of Popular Government propos'd notionally CHAP. I. Containing the Civil part of the Model propos'd practicably CHAP. II. Containing the Religious part of the Model propos'd practicably CHAP. III. Containing the Military part of the Model propos'd practicably CHAP. IV. Containing the Provincial part of the Model propos'd practicably THE Conclusion Shewing how the Model may be prov'd or examin'd and giving a brief Answer to Mr. WREN's last Book intitul'd Monarchy asserted c. THE FIRST BOOK SHEWING THE FOUNDATIONS AND SUPERSTRUCTURES Of all kinds of GOVERNMENT If this Age fails me the next will do me Justice The PREFACE Considering the Principles or Nature of Family Government DIVINES and the like studious Assertors of Monarchy have not laid their Principles so fairly while they have conceal'd one part from the right of Paternity or from the Government of Familys which may be of two kinds wheras they have taken notice but of one For Family Government may be as necessarily Popular in som cases as Monarchical in others Monarchical Family TO shew now the nature of the Monarchical Family Put the case a man has one thousand Pounds a year or therabouts he marrys a Wife has Children and Servants depending upon him at his good will in the distribution of his Estate for their livelihood Suppose then that this Estate coms to be spent or lost where is the Monarchy of this Family But if the Master was no otherwise Monarchical than by virtue of his Estate then the foundation or balance of his Empire consisted in the thousand pounds a year Popular Family THAT from these principles there may also be a Popular Family is apparent For suppose six or ten having each three hundred pounds a year or so shall agree to dwell together as one Family can any one of these pretend to be Lord and Master of the same or to dispose of the Estates of all the rest Or do they not agree together upon such Orders to which they consent equally to submit But if so then certainly must the Government of this Book I Family be a Government of Laws or Orders and not the Government of one or of som three or four of these men Government of Laws and Government of Men. YET the one Man in the Monarchical Family giving Laws and the Many in the Popular Family doing no more it may in this sense be indifferently said That all Laws are made by Men. But it is plain that where the Law is made by one Man there it may be unmade by one man so that the Man is not govern'd by the Law but the Law by the Man which amounts to the Government of the Man and not of the Law Wheras the Law being not to be made but by the Many no man is govern'd by another man but by that only which is the common interest by which means this amounts to a Government of Laws and not of Men. The facility that is in true Politics THAT the Politics may not be thought an unnecessary or difficult Art if these Principles be less than obvious and undeniable even to any Woman that knows what belongs to housekeeping I confess I have no more to say But in case what has bin said be to all sorts and capacitys evident it is most humbly submitted to Princes and Parlaments whether without violence or removing of Property they can make a Popular Family of the Monarchical or a Monarchical Family of the Popular Or whether that be practicable or possible in a Nation upon the like balance or foundation in Property which is not in a Family A Family being but a smaller Society or Nation and a Nation but a greater Society or Family The difference between a Soverain Lord and a Magistrat tho supreme THAT which is usually answer'd to this point is That the six or ten thus agreing to make one Family must have som Steward and to make such a Steward in a Nation is to make a King But this is to imagin that the Steward of a Family is not answerable to the Masters of it or to them upon whose Estates and not upon his own he defrays the whole Charge For otherwise this Stewardship cannot amount to Dominion but must com only to the true nature of Magistracy and indeed of annual Magistracy in a Commonwealth seeing that such Accounts in the years end at farthest use to be calculated and that the Steward Body and Estate is answerable for the same to the Proprietors or Masters who also have the undoubted right of constituting such another Steward or Stewards as to them shall seem good or of prolonging the Office of the same Where the art of Lawgiving is necessary NOW where a Nation is cast by the unseen ways of Providence into a disorder of Government the duty of such particularly as are elected by the People is not so much to regard what has bin as to provide for the supreme Law or for the safety of the People which consists in the true Art of Lawgiving The art of Lawgiving is of two kinds THE Art of Lawgiving is of two kinds the one as I may say false the other true The first consists in the reduction of the Balance to Arbitrary Superstructures which requires violence as being contrary to Nature The other in erecting necessary Superstructures that is such as are conformable to the Balance or Foundation which being purely natural requires that all interposition of Force be remov'd CHAP. I. Chap. 1 Considering the Principles or Balance of National Governments with the different kinds of the same Psal 115. 16. The Original of Property Gen. 3. 19. THE Heaven says DAVID even
So that this being the Militia of the Nation a few Noblemen discontented could at any time levy a great Army the effect wherof both in the Barons Wars and those of York and Lancaster had bin well known to divers Kings This state of Affairs was that which inabl'd HENRY the Seventh to make his advantage of troublesom times and the frequent unruliness of Retainers while under the pretence of curbing Riots he obtain'd the passing of such Laws as did cut off these Retainers wherby the Nobility wholly lost their Officers Then wheras the dependence of the People upon their Lords was of a strict ty or nature he found means to loosen this also by Laws which he obtain'd upon as fair a pretence even that of Population Thus Farms were so brought to a Verulam H. 7. standard that the Houses being kept up each of them did of necessity inforce a Dweller and the proportion of Land laid to each House did of necessity inforce that Dweller not to be a Begger or Cottager but a man able to keep Servants and set the Plow on going By which means a great part of the Lands of this Nation came in effect to be amortiz'd to the hold of the Yeomanry or middle People wherof consisted the main body of the Militia hereby incredibly advanc'd and which henceforth like cleaner underwood less choak'd by their staddles began to grow excedingly But the Nobility who by the former Laws had lost their Offices by this lost their Soldiery Yet remain'd to them their Estates till the same Prince introducing the Statutes for Alienations these also became loose and the Lords less taken for the reasons shewn with their Country lives where their Trains were clip'd by degrees became more resident at Court where greater pomp and expence by the Statutes of Alienations began to plume them of their Estates The Court was yet at Bridewel nor reach'd London any farther than Temple-Bar The latter growth of this City and in that the declining of the Balance to Popularity derives from the decay of the Nobility and of the Clergy In the Reign of the succeding King were Abbys than which nothing more dwarfs a People demolish'd I did not I do not attribute the effects of these things thus far to my own particular observation but always did and do attribute a sense therof to the Reign of Queen ELIZABETH and the Wisdom of her Council There is yet living Testimony that the ruin of the English Monarchy thro the causes mention'd was frequently attributed to HENRY the Seventh by Sir HENRY WOTTON which Tradition is not unlike to have descended to him from the Queen's Council But there is a difference between having the sense of a thing and making a right use of that sense Let a man read PLUTARCH in the Lives of AGIS and of the GRACCHI there can be no plainer demonstration of the Lacedemonian or Roman Balance yet read his Discourse of Government in his Morals and he has forgot it he makes no use no mention at all of any such thing Who could have bin plainer upon this point than Sir WALTER RALEIGH where to prove that the Kings of Egypt were not elective but hereditary he alleges that if the Book I Kings of Egypt had bin elective the Children of PHARAOH must have Hist of the World part 1. p. 200. bin more mighty than the King as Landlords of all Egypt and the King himself their Tenant Yet when he coms to speak of Government he has no regard to no remembrance of any such Principle In Mr. SELDEN'S Titles of Honor he has demonstrated the English Balance of the Peerage without making any application of it or indeed perceiving it there or in times when the defect of the same came to give so full a sense of it The like might be made apparent in ARISTOTLE in MACCHIAVEL in my Lord VERULAM in all in any Politician there is not one of them in whom may not be found as right a sense of this Principle as in this present Narrative or in whom may be found a righter use of it than was made by any of the Partys thus far concern'd in this story or by Queen ELIZABETH M. D. l. 1. b. 10. and her Council If a Prince says a great Author to reform a Government were oblig'd to depose himself he might in neglecting of it be capable of som excuse but reformation of Government being that with which a Principality may stand he deserves no excuse at all It is not indeed observ'd by this Author that where by reason of the declination of the Balance to Popularity the State requires Reformation in the Superstructures there the Prince cannot rightly reform unless from Soverain Power he descends to a Principality in a Commonwealth nevertheless upon the like occasions this fails not to be found so in Nature and Experience The growth of the People of England since the ruins mention'd of the Nobility and the Clergy came in the Reign of Queen ELIZABETH to more than stood with the interest or indeed the nature or possibility of a well founded or durable Monarchy as was prudently perceiv'd but withal temporiz'd by her Council who if the truth of her Government be rightly weigh'd seem rather to have put her upon the exercise of Principality in a Commonwealth than of Soverain Power in a Monarchy Certain it is that she courted not her Nobility nor gave her mind as do Monarchs seated upon the like foundation to balance her great Men or reflect upon their Power now inconsiderable but rul'd wholly with an art she had to high perfection by humoring and blessing her People For this mere shadow of a Commonwealth is she yet famous and shall ever be so tho had she introduc'd the full perfection of the Orders requisit to Popular Government her fame had bin greater First She had establish'd such a Principality to her Successors as they might have retain'd Secondly This Principality the Common-wealth The great Council of Venice has the Soverain Power and the Duke the Soverain Dignity as Rome of ROMULUS being born of such a Parent might have retain'd the Royal Dignity and Revenue to the full both improv'd and discharg'd of all Envy Thirdly It had sav'd all the Blood and Confusion which thro this neglect in her and her Successors has since insu'd Fourthly It had bequeath'd to the People a Light not so naturally by them to be discover'd which is a great pity For M. D. l. 1. c. 9. even as the Many thro the difference of opinions that must needs abound among them are not apt to introduce a Government as not understanding the good of it so the Many having by trial or experience once attain'd to this understanding agree not to quit such a Government And lastly It had plac'd this Nation in that perfect felicity which so far as concerns mere Prudence is in the power of human nature to injoy To this Queen succeded King JAMES who
by a greater part of their own Order he may have greater Power and less Security as at present in France THE safer way of this Government is by Orders and the Orders proper to it specially consist of a Hereditary Senat of the Nobility admitting also of the Clergy and of a Representative of the People made up of the Lords menial Servants or such as by Tenure and for Livelihood have immediat dependence upon them as formerly in England No such thing as pure Aristocracy or pure Democracy AN Aristocracy or State of Nobility to exclude the People must govern by a King or to exclude a King must govern by the People Nor is there without a Senat or mixture of Aristocracy any Popular Government Whence tho for discourse sake Politicians speak of pure Aristocracy and pure Democracy there is no such thing as either of these in Nature Art or Example The Superstructures of Popular Government WHERE the People are not overbalanc'd by one Man or by the Few they are not capable of any other Superstructures of Government or of any other just and quiet settlement whatsoever than of such only as consists of a Senat as their Counsillors of themselves or their Representatives as Soverain Lords and of a Magistracy answerable to the People as distributers and executioners of the Laws made by the People And thus much is of absolute necessity to any or every Government that is or can be properly call'd a Commonwealth whether it be well or ill order'd Definition of a well order'd Common-wealth Distinction of Magistracy BUT the necessary definition of a Commonwealth any thing well order'd is That it is a Government consisting of the Senat proposing the People resolving and the Magistracy executing MAGISTRACY is a stile proper to the executive part yet because in a Discourse of this kind it is hardly avoidable but that such as are of the proposing or resolving Assemblys will be somtimes compriz'd under this name or stile it shall be enough for excuse to say that Magistracy may be esteem'd of two kinds the one proper or Executive the other improper or Legislative Senats and their kinds A SENAT may consist of a Hereditary Order elective for life by it self or by som Magistrat or Magistrats of the same as the Senat of Rome consisted of the Patrician Order therinto eligible first by the Consuls and then by the Censors A Senat may consist of Senators elected by the People for life as that of Lacedemon It may consist of Senators eligible by the People for terms without any vacation or interval as the Senat of Venice or with intervals as the Senat of Athens which also for another difference was elected by lot Popular Assemblys and their kinds A POPULAR Assembly may consist of the whole People as the great Council of Venice for the Venetians tho call'd in respect of their Subjects Nobility are all that free People which is compriz'd in that Commonwealth or of a Representative as in Israel Again a Representative Book I of the People may be for life as in the particular Citys or Soveraintys of Holland improperly call'd Senats or it may be upon Rotation that is to say by changes or courses as that of Israel and the present Representative in England it may also be by lot as the Roman Tribes call'd the Prerogative and the Jurevocatae Supreme Magistrats and their kinds TO speak of Magistrats in a Commonwealth and all their kinds were to begin an endless discourse the present I shall therfore confine to such only as may be call'd Supreme Magistrats The Supreme Magistracy of a Commonwealth may be in one or more and it may be for life or for terms and vacations In one elective by the People for life as in the Duke of Venice whose Function is Civil and not Military In two Hereditarily as in the two Kings of Lacedemon whose Function was rather Military than Civil In nine annually elective by the People as in the nine Princes or Archons of Athens In two annually elected by the People as the Roman Consuls whose Power was both Military and Civil In a word it may be in one or more for life or for terms and vacations as shall best sute with the occasion Other differences in Commonwealths SOM Commonwealths consist of distinct Soveraintys as Switzerland and Holland others are collected into one and the same Soverainty as most of the rest Again som Commonwealths have bin upon Rotation or Courses in the Representative only as Israel Others in the Magistracy only as Rome Som in the Senat and in the Magistracy as Athens and Venice Others in som part of the Magistracy and in others not as Lacedemon in the Ephori and not in the Kings and Venice not in the Duke nor in the Procuratori but in all the rest Holland except in the Election of States Provincial which is emergent admits not of any rotation or courses There may be a Commonwealth admitting of Rotation throout as in the Senat in the Representative and in the Magistracy as that propos'd in Oceana Rotation or Courses ROTATION if it be perfect is equal election by and succession of the whole People to the Magistracy by terms and vacations Popular Election EQUAL Election may be by Lot as that of the Senat of Athens by Suffrage as that of Lacedemon or by Ballot as that of Venice which of all others is the most equal The Ballot THE Ballot as it is us'd in Venice consists of a Lot whence procedes the right of proposing and of an unseen way of suffrage or of resolving The different Genius of Commonwealths FROM the wonderful variety of parts and the difference of mixture hitherto scarce touch'd by any result those admirable differences that are in the Constitution and Genius of Popular Governments som being for defence som for increase som more equal others inequal som turbulent and seditious others like soft streams in a perpetual tranquillity Tâ—◠〈◊〉 â—f Sedition in a Comm nwealth THAT which causes innat Sedition in a Commonwealth is Inequality as in Rome where the Senat opprest the People But if a Commonwealth be perfectly equal it is void of Sedition and has attain'd to perfection as being void of all internal causes of dissolution Definition of an equal Common-wealth AN equal Commonwealth is a Government founded upon a balance which is perfectly Popular being well fix'd by a sutable Agrarian and which from the balance thro the free suffrage of the People given by the Ballot amounts in the Superstructures to a Senat debating Chap. 4 and proposing a Representative of the People resolving and a Magistracy executing each of these three Orders being upon Courses or Rotation that is elected for certain tâ—rms injoining like Intervals The difference between Laws and Orders SUCH Constitutions in a Government as regard the Frame or Model of it are call'd Orders and such things as
could be no more in the point of Lawgiving than to propose to the People Nor will it be found in Scripture that the Sanhedrim ever made any Law without the People yet it is found in Scripture that the People made a Law without the Sanhedrim or levy'd War without them which is all one for where there is a power to levy War there will be the power of making Law And the occasion upon which this is found is the War levy'd against BENJAMIN by the Congregation consisting of four hundred Judg. 20. thousand Again If the Sanhedrim inherited the whole power of MOSES and yet had no larger power in Lawmaking than to propose to the People then had MOSES never any larger power in Law-making than to propose to the People Now where there is no King Book II or no King in a distinct capacity from the Senat and where the Senat has no farther power in Lawmaking than to propose to the free suffrage of the People the Government there is a Commonwealth Thus having shewn that Israel was a Commonwealth I com next to shew what Commonwealth Israel was CHAP. II. Shewing what Commonwealth Israel was Sect. 1 Division of the Children of Israel first Genealogical ALL Political Methods that are collective of the People must necessarily begin with a distribution or division of the People FOR the division of the People of Israel it was first Genealogical and then local Now these are the Names of the Ancestors of the Exod. 1. Tribes or of the Children of Israel which came into Egypt every man and his Houshold came with JACOB REUBEN SIMEON LEVI and JUDAH ISSACHAR ZEBULUN and BENJAMIN DAN and NAPHTALI GAD and ASHER These being eleven in number were the Sons of JACOB who had also one more Gen. 41. 50 51 52. namely JOSEPH And to JOSEPH were born two Sons before the years of Famin came which ASENAH the Daughter of POTIPHERAH Priest of On bore to him And JOSEPH call'd the name of the first-born MANASSEH and the name of the second call'd he EPHRAIM Which two tho but Grandchildren were adopted by JACOB for Gen. 48. 16. his Sons in these words Let my name be nam'd on them and the name of my Fathers ABRAHAM and ISAAC and let them grow into a multitude in the midst of the Earth From which addition to the former came the Tribes of Israel genealogically reckon'd to be in number thirteen In the genealogical distribution of the Tribes there were also observ'd certain Ranks Qualitys or Degrees as appears by the Poll Num. 1. made of Israel in the Wilderness of Sinai and in the Tabernacle of the Congregation by MOSES These Degrees were of two sorts first Phylarchs or Princes of Tribes and secondly Patriarchs or Princes of Familys all hereditary Honors and pertaining to the Firstborn of the Tribe or of the Family respectively That this Poll be more perfectly understood will be useful for which cause I shall be somwhat more particular First for the Phylarchs or Princes of the Tribes and then for the Patriarchs or Princes of Familys To begin with the Princes of the Tribes Sect. 2 Num. 1. 17 18. Of the Princes of â—â—ibes or the Muster Roll in Sinai MOSES and AARON assembl'd the Congregation or political Convention of the People together on the first day of the second month after their Familys by the house of their Fathers according to the number of the names from twenty years old and upward by the poll Where every Phylarch or Prince of a Tribe with the number of men at the age mention'd and upward throout his Tribe are listed much after this manner 1. OF the Tribe of REUBEN ELIZUR Prince The men of military age in his Tribe forty six thousand five hundred 2. OF the Tribe of SIMEON SHELAMIEL Prince The men of military age in his Tribe fifty nine thousand three hundred 3. OF the Tribe of JUDAH NASHON Prince The men of military Chap. 2 age in his Tribe threescore and fourteen thousand six hundred 4. OF the Tribe of ISSACHAR NETHANIEL Prince The men of military age in his Tribe fifty four thousand four hundred 5. OF the Tribe of ZEBULUN ELIAB Prince The men of military age in his Tribe fifty seven thousand four hundred 6. OF the Tribe of EPHRAIM ELISHAMA Prince The men of military age in his Tribe forty thousand five hundred 7. OF the Tribe of MANASSEH GEMALIEL Prince The men of military age in his Tribe thirty two thousand two hundred 8. OF the Tribe of BENJAMIN ABIDAN Prince The men of military age in his Tribe thirty five thousand four hundred 9. OF the Tribe of DAN AHIEZER Prince The men of military age in his Tribe threescore and two thousand seven hundred 10. OF the Tribe of ASHER PAGIEL Prince The men of military age in his Tribe forty one thousand five hundred 11. OF the Tribe of GAD ELIASAPH Prince The men of military age in his Tribe forty five thousand six hundred and fifty 12. OF the Tribe of NAPHTALI AHIRA Prince The men of military age in his Tribe fifty three thousand four hundred THE total sum of which Musterroll in the twelve Tribes amounts to Princes twelve and men of military age six hundred three thousand five hundred and fifty besides the Levits The Levits Call Order or Tribe Num. 3. 12 13. ALL the firstborn says God are mine In which words is imply'd Sect. 3 that the Priesthood or right of preaching instructing or administring divine things belong'd as it were of natural right to Fathers of Familys or the Firstborn till the Lord took the Levits from among the Children of Israel instead of the Firstborn These being thus taken were set apart and so listed by themselves to omit their several Familys Functions and Orders in the service of the Tabernacle and afterwards of the Temple which would require a Volum much after this manner OF the Tribe of LEVI AARON High Priest The number of all the Males of this Tribe from a month old and upwards twenty v. 39. and two thousand The manner how God took the Levits is thus express'd Thou shalt bring the Levits before the Tabernacle of the Congregation Num. 8. 9 10 11 12. and thou shalt gather the whole Assembly together and the Children of Israel after the manner that the Levits lay their hands upon the Bullocks or Sacrifice shall put their hands upon the Levits in token that they are sacrific'd or separated by the free suffrage of the People to the Lord. For lest the suffrage of the People be thought hereby to have bin excluded so DAVID and the Captains of the Host or Army 1 Chr. 25. which Army was the Representative of the People separated to the service som of the Sons of ASAPH of HEMAN and of JEDUTHUN who should prophesy with Harps But of the Congregations of the People more in due place The Military Orders Grot. ad Num. 10.
as certain When the Children of Ammon made War against Israel Israel assembl'd themselves together and incamp'd in Mizpeh whence the Judg. 10. 17. Elders of Gilead went to fetch JEPHTA out of the Land of Tob. Then Judg. 11. 5 11. JEPHTA went with the Elders of Gilead and the People made him Head and Captain over them and JEPHTA utter'd all his words before the Lord in Mizpeh But that SOLOMON was elected by the Lot I do not affirm it being most probable that it was by Suffrage only DAVID proposing and the People resolving Nor whether JEPHTA was elected by Suffrage or by the Ballot is it material however that the ordinary Magistrats were elected by the Ballot I little doubt Election of Senators and Judges of inferior Courts THE ordinary Magistrats of this Commonwealth as shall hereafter Sect. 9 be more fully open'd were the Sanhedrim or the seventy Elders and the inferior Courts or Judges in the Gates of the Citys Book II For the Institution and Election of these MOSES propos'd to the Deut. 1. 13. People or the Congregation of the Lord in this manner Take you wise men and understanding and known among your Tribes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and I will make or constitute them Rulers over you Where by the way lest MOSES in these words be thought to assume power SOLON says ARISTOTLE 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 made or constituted the Popular Government of Athens In which he implys not that SOLON was a King or had Soverain Power but that he was a Lawgiver and had authority to propose to the People Nor is there more in the words of MOSES upon whose Proposition say Jewish Writers each of the twelve Tribes by free Suffrages elected six Competitors and wrote their Names in scrols which they deliver'd to MOSES MOSES having thus presented to him by the twelve Tribes seventy and two Competitors for seventy Magistracys had by consequence two more Competitors than were capable of the Preferment to which they were elected by the People Wherfore MOSES took two Urns into the one he cast the seventy two Names presented by the People into the other seventy two Lots wherof two were blanks the rest inscrib'd with the word Elder This don he call'd the Competitors to the Urn where the seventy to whose Names came forth the Prizes went up to the Tabernacle the Session-house See Numb 11. 26. being there provided and the two that drew the Blanks namely ELDAD and MEDAD tho of them that were elected and written by the Tribes went not up to the Tabernacle but remain'd in the Camp as not having attain'd to Magistracy Thus if this place in Scripture can admit of no other Interpretation so much as I have cited out of the Talmud tho otherwise for the most part but a fabulous and indigested heap must needs be good and valid In this manner one or more Senators happening to dy it was easy for each Tribe chusing one or more Competitors accordingly out of themselves to decide at the Urn which Competitor so chosen should be the Magistrat without partiality or cause of feud which if a man considers this Constitution was not perhaps so readily to be don otherwise The like no doubt was don for the inferior Courts except that such Elections the Commonwealth being once settl'd were more particular and perform'd by that Tribe only in whose Gates that Court was sitting Sect. 10 The story of the Sanhedrim and of the inferior Courts as to their first institu ion Exod. 18. 24 25. THE first institution of these Courts came to pass in the manner following Before the People were under orders the whole Judicature lay upon the shoulders of MOSES who being overburden'd was advised by JETHRO And MOSES hearken'd to the voice of his father-in-Father-in-law and chose after the manner shewn able men out of all Israel and made them Heads over the People Rulers of thousands Rulers of hundreds Rulers of fiftys and Rulers of tens The number of which Rulers compar'd with the number of the People as in the muster roll at Sinai must in all have amounted to about six thousand These thus instituted while Israel was an Army came to be the same when the Army was a Commonwealth wherof it is said 〈◊〉 16. 18. Judges 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 Each of these Courts by the practice of the Jewish Commonwealth consisted of twenty three Elders But JETHRO in his advice to MOSES adds concerning these Judicatorys this Caution Let them judg the People at all seasons and it shall be that Chap. 2 every great matter they shall bring to thee but every small matter they shall Exod. 18. 22. judg So shall it be easier for thy self and they shall bear the burden with thee Which nevertheless follow'd not according to JETHRO'S promise the Appeals being such to MOSES that he gos with this complaint to God I am not able to bear all this People alone because it is too heavy for me Numb 11. 14 16. Wherupon the Lord said to MOSES Gather to me seventy men of the Elders of Israel whom thou knowest to be Elders of the People and Officers over them and bring them to the Tabernacle of the Congregation that they may stand with thee but Crowns will have no rivals and they shall bear the burden of the People with thee that thou bear it not alone But a Monarch is one that must be alone And MOSES went out and told Ver. 24. the People the words of the Lord which a Monarch needed not to have don and gather'd the seventy men of the Elders of the People the manner wherof is already shewn JETHRO being a Heathen informs MOSES of the Orders of his own Commonwealth which also was Heathenish Yet in Scripture is both JETHRO join'd with MOSES and the Commonwealth of Midian with the Commonwealth of Israel How then coms it to be irreverend or atheistical as som say in Politicians and while political Discourses cannot otherwise be manag'd to compare tho but by way of illustration other Legislators or Politicians as LYCURGUS SOLON with MOSES or other Commonwealths as Rome and Venice with that of Israel But the Authors of such Objections had better have minded that the burden wherof MOSES here complain'd could in no manner be that of ordinary Judicature of which he was eas'd before by the advice of JETHRO and therfore must have bin that of Appeals only so either the Sanhedrim bore no burden at all with MOSES or they bore that of Appeals with him And if so how say they that there lay an Appeal from the seventy Elders to MOSES Lot Ordel or Inquisition by Lot Deut. 13. 12 c. BUT I said the Lot was of use also toward the discovery of conceal'd Sect. 11 Malefactors Of this we have an Example in
of the Land as of the measure Now supposing this Law to have bin in the whole and methodically executed the Canaanits must first have bin totally rooted out of the Land of Canaan which Land in that case as som affirm would have afforded to this Commonwealth a Root or Balance consisting of three millions of Acres Hecateus apud Joseph cont Ap. These reckoning the whole People in the twelve Tribes at six hundred and two thousand which is more than upon the later Poll they came to would have afforded to every man four Acres to every one of the Patriarchs upon the poll of the foregoing Catalog where they are sixty four thousand Acres to every one of the Princes of the Tribes fourteen thousand Acres to the Levitical Citys being forty eight each with its Suburbs of four thousand Cubits diameter one hundred thousand Acres and yet for extraordinary Donations as to JOSHUA and CALEB of which kind there were but few som eighty thousand Acres might remain Now it is true four Acres to a man may seem but a small Lot yet the Roman People under Romulus and long after had but two And it may very well be that one Acre in Canaan was worth two in Italy especially about Rome and four in England tho of the best sort and if so it were that four Acres in Palestin were worth sixteen of our best such a Lot at our account might be worth about thirty or forty pounds a year which for a popular share holding that rate thro the whole body of a People was a large proportion By this estimat or what possibly could be allow'd to the Princes of the Tribes and of the Familys their share came not to a sixth of the whole so the rest remaining to the People the Balance of this Government must have bin purely popular It is true that in the whole this Law of MOSES for the division of the Land was never executed but that in the parts som such course was taken is plain for example in the division to seven Tribes where JOSHUA proposes to the People in this manner Give out from among Josh 18. 4. you three men for each Tribe and they shall go thro the Land and describe Book II it The People having resolv'd accordingly these went and pass'd thro the Land and describ'd it by Citys into seven parts in a Book and came again to JOSHUA to the Host at Shiloh And JOSHUA cast Lots for them in Shiloh before the Lord and there JOSHUA divided the Land to the Children of Israel according to their divisions It were absurd to think that this Lot determin'd of proportions for so a mean man might have com to be richer than the Prince of his Tribe but the proportions allotted to Tribes being stated tho at first but by guess and entred into the Lot Book of the Surveyors who says JOSEPHUS were most expert in Geometry the Princes came first to the Urns wherof the one contain'd the names of the Tribes that were to draw the other the names of those parcels of Land that were to be drawn first to a whole Tribe Thus the name of a Tribe for example BENJAMIN being drawn out of one Urn to that name a parcel was drawn out of the other Urn for example the Country lying between Jericho and Bethaven This being don and the Prince of the Tribe having chosen in what one place he would take his stated and agreed proportion whether of fourteen thousand Acres or the like the rest of the Country was subdivided in the Lot Book according to the number of Familys in the Tribe of this Prince and the Parcels subdivided being cast into the one Urn the names of the Patriarchs into the other the same Tribe came again by Familys Thus every Patriarch making choice in what one part of this Lot he would take his agreed proportion whether of four thousand Acres or the like the remainder was again subdivided in the Lot Book according to the number of names in his Family if they were more than the parcel would furnish at four Acres a man then was that defect amended by addition out of the next parcel and if they were fewer then the overplus was cast into the next parcel By such means the People came or might have com in the whole and in every part to the Lot of their Inheritance while every Tribe that was thus planted became local Num. 36. 3. without removal Neither shall the Inheritance remove from one Tribe to another Tribe but every one of the Tribes of the Children of Israel shall keep himself to his own Inheritance Sect. 13 The Portion of Levi. Josh 21. 4 5 6. Num. 18. 20. Deut. 10. 9. Deut. 18. 1. THE Tribes thus planted or to have bin planted were twelve The thirteenth or that of LEVI came in the like manner to the Lot for their forty eight Citys with their Suburbs and receiv'd them accordingly as the Lot came forth for the Familys of the Kohathits and the rest These Israel gave to the Levits out of their Inheritance That is these were such as the twelve Tribes before the division set apart for the Levits with the Tithes and the Offerings which tho this Tribe had no other Lands made their portion by far the best The Tribes being henceforth reckon'd by their locality and these forty eight Citys being scatter'd throout the twelve Tribes that of LEVI was no more computed as a distinct Tribe but lost as it were the name yet with advantage for to their promiscuous abode they had the right of promiscuous marriage no more in this point Ezek. 44. 22. being injoin'd any of them than to take Maidens of the Seed of Israel or at least the Widows of Priests And as in the Tribes where they dwelt they had promiscuous Marriage so had they right of promiscuous Election that is of electing and being elected into all the Magistracys and Offices of the Commonwealth which they so frequently injoy'd that the Sanhedrim is somtimes understood by their names If there arises a matter too hard for thee in judgment thou shalt Chap. 2 com to the Priests the Levits Between the Law and the Religion of Deut. 17. 8. this Government there was no difference whence all Ecclesiastical persons were also Political persons of which the Levits were an intire Tribe set more peculiarly apart to God the King of this Common-wealth from all other cares except that only of his Government Thus MOSES did that with the safety of Liberty in Israel which LYCURGUS could not do in Lacedemon but by condemning the Helots to perpetual Slavery For wheras without these to be Tillers of the Ground the Citizens of Lacedemon could not be at leisure for the Commonwealth the Children of Israel might imploy themselves in their domestic Affairs as they requir'd with safety while the Levits bore the burden of the Government or in case either their privat Affairs permitted or their
Ambition promted were equally capable of Magistracy Citys of Refuge Num. 35. OF the Levitical Citys three beyond and three on this side Jordan Sect. 14 were Citys of Refuge If a man was slain the next of kindred by the Laws of Israel was the Avenger of Blood and to the Avenger of Blood it was lawful to slay him that slew his Kinsman wherever he could find him except only in a City of Refuge For this cause if a man had slain another he fled immediatly to one of these Sanctuarys whence nevertheless the Judges in the Gates within whose proper verge the Crime was committed caus'd the Malefactor to be brought before them by a Guard and judg'd between the Slayer and the Avenger of Blood If that which we call Murder or Manslaughter was prov'd against him by two Witnesses he was put to death but if it was found as we say Chancemedly he was remanded with a Guard to the City of Refuge whence if before the Death of the High Priest he was found wandring it was lawful not only for the Avenger of Blood but for any man else to slay him The High Priest being dead he return'd not home only but to his Inheritance also with liberty and safety If a Priest had slain a man his Refuge was the Sanctuary whence nevertheless he was taken by the Sanhedrim and if upon trial he was found guilty of wilful Murder put to death If a man coms presumtuously upon his Neighbor to slay Exod. 21. 14. him with guile thou shalt take him from my Altar that he may dy The Jubile INHERITANCES being thus introduc'd by the Lot were immovably Sect. 15 intail'd on the Proprietors and their Heirs for ever by the institution of the Jubile or the return of Lands however sold or ingag'd once in fifty years to the antient Proprietor or his lawful Heir Yet remain'd there two ways wherby Lots might be accumulated the one by casual Inheritance the other by marriage with an Heiress as in the case Num. 36. of ZELOPHEDAD or of his Daughters NOW to bring the whole result of these historical parts thus prov'd Sect. 16 to the true Political Method or Form the Commonwealth instituted by MOSES was according to this Model The Model of the Common-wealth of Israel THE whole People of Israel thro a popular distribution of the Land of Canaan among themselves by lot and the fixation of such a popular Balance by their Agrarian Law or Jubile intailing the inheritance of each Proprietor upon his Heirs for ever was locally divided into twelve Tribes Book II EVERY Tribe had a double capacity the one Military the other Civil A TRIBE in its Military capacity consisted of one Staff or Standard of the Camp under the leading of its distinct and hereditary Prince as Commander in chief and of its Princes of Familys or chief Fathers as Captains of thousands and Captains of hundreds A TRIBE in its Political capacity was next and immediatly under the government of certain Judicatorys sitting in the Gates of its Citys each of which consisted of twenty three Elders elected for life by free suffrage THE Soverain Power and common Ligament of the twelve Tribes was the Sanhedrim of Israel and the Ecclesia Dei or Congregation of the Lord. THE Sanhedrim was a Senat consisting of seventy Elders for life so instituted by the free Election of six Competitors in and by each Tribe every Elder or Senator of the Sanhedrim being taken out of this number of Competitors by the Lot THE Congregation of the Lord was a Representative of the People of Israel consisting of twenty four thousand for the term of one month and perpetuated by the monthly Election of two thousand Deputys of the People in each Tribe THE Sanhedrim upon a Law made was a standing Judicatory of Appeal from the Courts in the Gates throout the Tribes and upon a Law to be made whatever was propos'd by the Sanhedrim and resolv'd in the affirmative by the Congregation of the Lord was an Act of the Parlament of Israel Deut. 4. 5 6. OF this Frame says MOSES to the People as well he might Behold I have taught you Statutes and Judgments even as the Lord my God commanded me that ye should do so in the Land whither you go to possess it Keep therfore and do them for this is your Wisdom and your Vnderstanding in the sight of the Nations which shall hear all these Statutes and say Surely this great Nation is a wise and understanding People In another place upon the Peoples observing this form he pronounces all the choicest Blessings and in case of violation of the same a long enumeration of most dreadful Curses among which he Deut. â—8 36. has this The Lord shall bring thee and thy King which thou shalt set over thâ—e to a Nation which neither thou nor thy Fathers have known and there shalt thou serve other Gods Wood and Stone In which words first he charges the King upon the People as a Creature of their own and next opposes his Form pointblank to Monarchy as is farther apparent in the whole Antithesis running throout that Chapter To the neglect of these Orders may be apply'd those words of DAVID I have said that ye are Gods but ye shall dy like Men and fall like one of the Princes But this Government can with no countenance of Reason or testimony of Story give any man ground to argue from the Frame thus instituted by MOSES that a Commonwealth rightly order'd and establish'd may by any internal cause arising from such Orders be broken or dissolv'd it being most apparent that this was never establish'd in any such part as could possibly be holding MOSES dy'd in the Wilderness and tho JOSHUA bringing the People into the promis'd Land did what he could during his Life towards the establishment of the Form design'd by MOSES yet the hands of the Peopl e specially after the death of JOSHUA grew slack and they Chap. 3 rooted not out the Canaanits which they were so often commanded to do and without which it was impossible their Commonwealth should take any root Nevertheless settled as it could be it was in som parts longer liv'd than any other Government has yet bin as having continu'd in som sort from MOSES to the dispersion of the Jews in the Reign of the Emperor ADRIAN being about one thousand seven hundred years But that it was never establish'd according to the necessity of the Form or the true intent of MOSES is that which must be made farther apparent throout the sequel of the present Book and first in the state of the Israelits under their Judges CHAP. III. Shewing the Anarchy or State of the Israelits under their Judges A full Description of the Representative of the People of Israel 1 Chr. 27. THE Frame of that which I take to have bin the ordinary Congregation Sect. 1 or Representative of the People of Israel is not perfectly
pregnant in divers places As where JUDAH said to SIMEON his Brother Com up with me into my Lot Judg. 1. 3 27 29 c. that we may fight against the Canaanits and I likewise will go with thee into thy Lot So SIMEON went with him In which words you have a League made by two Tribes and a War manag'd by them while other Tribes that is EPHRAIM MANASSEH with the rest sat still wheras if there had bin now any common ligament as while the Sanhedrim was in being such leaguing and such warring by particular Tribes at their own discretion could not have bin Again wheras to judg a Tribe pertain'd to the Sanhedrim in the Judgment given against BENJAMIN by the Congregation of four hundred thousand Judg. 20. there is no mention of the Sanhedrim at all No King som Senat no Senat som King Calav ap Liv. Acts 13. NOW Government is of such a nature that where there is no Sect. 4 Senat there must be som King or somwhat like a King and such was the Judg of Israel yet is not their reckoning valid who from hence compute the Monarchy of the Hebrews First because PAUL distinguishes between the Kings and the Judges Secondly because GIDEON when he was a Judg in refusing to be King dos the like Judg. 7. 23. Thirdly because the Judges in Israel as Dictators in other Common-wealths were not of constant Election but upon Emergencys only Fourthly because complaint being made to the men of JUDAH of Judg. 15. 13. their Judg SAMSON they deliver'd him to the Philistins bound no less than did the Romans their Consuls to the Samnits And lastly because SAMUEL distinguishing to perfection between Dictatorian and Royal Power or between the Magistracy of the Judg and of the King shews plainly in that he hearken'd to the Voice of the People that the one being without any balance at all was at the discretion of the People and that the other not to be founded but upon Property in himself to which end he must take the best of their Fields and give them to his Servants could no otherwise subsist than by having the People at the discretion of the King This difference being no small one excepted the office of the King and of the Judg was much the same each consisting in judging the People and going forth with their Armys Besognia vezzaro speguere BUT whatever be the difference between these Magistracys the Sect. 5 State of the Israelitish Commonwealth under the Judges was both void of natural Superstructures and of the necessary Foundation so the Israelits when they were weak serv'd the Philistins as is imply'd in the speech of the men of JUDAH to their Judg Knowest thou not that the Judg. 15. 11. Philistins are Rulers over us And it came to pass when Israel was strong that they put the Canaanits to tribute and did not utterly drive them out Which as it was contrary to the Command of God so was it pointblank against all Prudence for thus neither made they to themselves Friends nor did they ruin their Enemys which proceding as it far'd with this Commonwealth and was observ'd by HERENNIUS in that Livy Book II of the Samnits is the certain perdition of a People Sect. 6 The Anarchy of Israel Judg. 17. 6. 18. 1. 19. 1. 21. 25. OF the disorder of this People upon the dissolution of the Mosaical Commonwealth it is often said that there was no King in Israel every man did that which was right in his own eys That is at the times related to by these expressions there was neither Sanhedrim nor Judg in Israel so every man or at least every Tribe govern'd it self as it pleas'd Which nevertheless is not so generally to be understood Judg. 20. but that the Tribes without either Judg or Sanhedrim marching up with their Standards and Staves of the Camp not only assembl'd the Congregation in the usual place at Mizpeh but there condemn'd BENJAMIN for the rape of the Levits Concubine and marching thence to put their Decree in execution reduc'd that obstinat Tribe or rather destroy'd it by a Civil War Sect. 7 The rise of the Hebrew Monarchy 1 Sam. 4. 3. WHEN in this and divers other ways they had pamper'd their Enemys and exhausted themselves they grew as well they might out of love with their Policy especially when after impious expostulation Wherfore has the Lord smitten us this day before the Philistins they had as it were stak'd their God let us fetch the Ark that it 1 Sam. 7. 3. may save us and the Ark being taken by the Enemy they fell to Idolatry To this it happen'd that tho upon Repentance success was better God having miraculously discomfited the Philistins before them yet SAMUEL their Judg was old and had made his two Sons being takers of Bribes and perverters of Justice Judges over Israel Wherupon there was no gainsaying but a King they must and would have CHAP. IV. Shewing the State of the Israelits under their Kings to the Captivity Sect. 1 The Method of this part FOR Method in this part I shall first observe the Balance or Foundation then the Superstructures of the Hebrew Monarchys and last of all the Story of the Hebrew Kings Sect. 2 The Balance of this Monarchy 1 Sam. 8. 11 14. THE Balance necessary to Kingly Government even where it is regulated or not absolute is thus describ'd by SAMUEL This will be the manner of the King that shall reign over you He will take your Fields your Vinyards and your Oliveyards even the best of them and give them to his Servants That is there being no provision of this kind for a King and it being of natural necessity that a King must have such an Aristocracy or Nobility as may be able to support the Monarchy which otherwise to a People having equal shares in property is altogether incompatible it follows that he must take your Fields and give them to his Servants or Creatures THIS notwithstanding could not SAUL do in whose time the Monarchy attain'd not to any balance but was soon torn from him 2 Sam. 8. 1. 1 Chron. 11. like the lap of a Garment The Prince who gave that balance to this Monarchy which it had was DAVID for besides his other Conquests by which he brought the Moabits the Syrians of Damascus the Ammonits the Amalekits the Edomits to his Obedience and extended his Border to the river Euphrates he smote the Philistins and subdu'd them and took Gath and her Towns out of the hand of the Philistins Now this Country which DAVID thus took was part of Chap. 4 the Land given to the People by God and which was by the Law of MOSES to have bin divided by Lot to them Wherfore if this division follow'd not but DAVID having taken this Country did hold it in his particular Dominion or Property then tho he took not from the People
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
of them because there is no such thing throout the Scripture to be found as a Law made by the Sanhedrim without the People and if so then that the Sanhedrim with the People had power to make a Law is by this place of Scripture undeniably evinc'd But besides the chief Fathers which here are call'd Rulers of the Congregation Ezra 10. 14 and in the time of DAVID were call'd Captains of thousands and Captains of hundreds mention is also made of the Elders of every City and the Judges therof in which words you have the Judges in the Gates throout the Tribes of Israel as they were instituted by MOSES All which particulars being rightly sum'd up com to this total Tâ—at the Commonwealth restor'd by EZRA was the very same that 〈…〉 was instituted by MOSES A Transition to the Cabalistical or Jewish Commonwealth SUCH was the Government restor'd by ZOROBABEL EZRA Sect. 4 and NEHEMIA Now whether the Jewish or Cabalistical Common-wealth father'd by the Presbyterian Jews of latter ages upon MOSES or EZRA be the same shall be shewn by reducing the invention of these Men to three heads as first their Cabala secondly their Ordination and last of all their great Synagog The Cabala THE Cabala call'd also by the Jews the Oral Law consists of Sect. 5 certain Traditions by them pretended at the institution of the Sanhedrim to have bin verbally deliver'd to the seventy Elders by MOSES for the Government of the Commonwealth These were never written till after the dispersion of the Jews by the Emperor ADRIAN when to save them from being lost they were digested into those Volums call'd the Talmud which they hold to be and indeed are as to matter of Fact the authentic Records of their Government Of the Traditions thus recorded says one of the Rabbins or Jewish Doctors Think not Rabbi Corbulensis that the written Law or the Law of MOSES is fundamental but that the Oral or Traditional Law is fundamental it being upon this that God enter'd into a League with the Israelits as it is written After the tenor of Exod. 34. 27. In codice juris Chagiga these words I have made a Covenant with thee and with Israel A man says another who returns from the study of the Talmud to the study of the Bible can have no quiet conscience neither was there any peace to him that Zach. 8. 10. went out or came in The like wherof is the Talmudical way of applying Scripture throout And it was the common Blessing the Pharises gave their Children My Son hearken to the words of a Scribe or Doctor rather than to the Law of MOSES To whom says CHRIST hereupon You have made the Commandment of God of no Mat. 15. 6. effect by your tradition Ordination by Imposition of Hands NOW as true as the Talmud or as this word of a Scribe or that Sect. 6 MOSES deliver'd the Oral Law to the seventy Elders and to JOSHUA so true it is that MOSES ordain'd both the seventy Elders and JOSHUA by the imposition of Hands and that this Ordination by the imposition of Hands together with the Oral Law came successively and hand in hand from the seventy Elders and from JOSHUA downright to these Doctors This indeed is so generally affirm'd by their Talmudists that there is no denying of it but that as to the seventy Elders it is quite contrary to Scripture has already bin Book II made sufficiently apparent for JOSHUA is acknowleg'd to have bin ordain'd by MOSES with imposition of hands But this Argument besides that the Act of MOSES was accompany'd with a miracle and that it is absurd to think that a thing plainly miraculous should or can be receiv'd as an Order in a Commonwealth will go no farther than that JOSHUA upon this authority might have elected his Successor by imposition of hands Let them shew us then that he did so or indeed that he left any Successor at all for certainly if JOSHUA left no Successor so ordain'd or no Successor at all which is the truth of the case then descended there upon them no such Ordination from JOSHUA and so by consequence none from MOSES Whence it follows that the Authority and Vogue of Ordination by the imposition of hands among the Jews procedes not from the Law of MOSES but from the Oral Law which how bad an Authority soever iâ—â—e to us of right is of fact or of what the exercise of Ordina 〈…〉 s among the Jews a good and sufficient testimony Now therby the condition of this Ordination tho in som times of the Commonwealth it was less restrain'd was such that no man not having receiv'd the same from the great Sanhedrim or som one of the inferior Courts by laying on of hands by word of mouth or by writing could be a Presbyter or capable of any Judicature or Magistracy in the Commonwealth or to give Counsil in the Law or any part of the Law or to be of the Assembly of the great Synagog Sect. 7 The great Synagog WHAT the Assembly of the Princes and Fathers was in the time of EZRA has bin shewn and is left to the judgment of others But this is that which the Talmudists and their Ancestors the Cabalistical Jews among which the Pharises were of the highest rank unanimously affirm to have consisted of the seventy Elders and of a Juncta of fifty Presbyters not elected by the People but by the laying on of hands by the Sanhedrim or by som other Judicatory This they say was the institution of their great Synagog where I leave them but that according to the sense wherin they cite their Authoritys the like with them was a constant practice appears not only by their own Testimony and Records but is plain in Scripture as where CHRIST speaks of the Jews to his Apostles in this manner They Grot. ad Mat. 10. 17. will scourge you in their Synagogs that is the Jews having as yet no Law made wherby they can invade the liberty of Conscience or bring you for the practice therof to punishment will call their great Synagog wherin the Priests and the Pharises or the Sanhedrim have at least seven to five the overbalancing Vote over the rest Which also are their Creatures and by these will easily carry or make such Laws wherby they may inflict upon you corporal Punishment which Interpretation of Christ's words was fulfil'd even to a tittle or rather with over measure For upon this occasion the High Priest and as Acts 4. 6. many as were of the kindred of the High Priest were gather'd together at Jerusalem That this same Juncta to be in this case added to the Sanhedrim was to consist but of fifty those fifty not elected by the People but chosen by the Elders of the Sanhedrim and not out of the body of the People but out of such only as had receiv'd Ordination by the Sanhedrim or by som other
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
of the Knights last elected into the Senat. That there be a Council for Trade consisting of a like number elected and perpetuated in the same manner Council of War THAT there be a Council of War not elected by the Senat but elected by the Council of State out of themselves That this Council of War consist of nine Knights three out of each Order and be perpetuated by the annual Election of three out of the last Knights elected into the Council of State The Dictator THAT in case the Senat adds nine Knights more out of their own number to the Council of War the said Council be understood by this addition to be DICTATOR of the Commonwealth for the term of three months and no longer except by farther Order of the Senat the said Dictatorian Power be prolong'd for a like term The Proposers general THAT the Signory have Session and Suffrage with right also jointly or severally to propose both in the Senat and in all Senatorian Councils THAT each of the three Orders or Divisions of Knights in each Provosts or particular Proposers Senatorian Council elect one Provost for the term of one week and that any two Provosts of the same Council so elected may propose to their respective Council and not otherwise Academy THAT som fair Room or Rooms well furnish'd and attended be allow'd at the States charge for a free and open Academy to all comers at som convenient hour or hours towards the Evening That this Academy be govern'd according to the Rules of good Breeding or civil Conversation by som or all of the Proposers and that in the same it be lawful for any man by word of mouth or by writing in jest or in earnest to propose to the Proposers FROM the frame or structure of these Councils I should pass to their Functions but that besides annual Elections there will be som biennial and others emergent in which regard it is propos'd first for biennial Elections Embassadors in ordinary THAT for Embassadors in ordinary there be four Residences as France Spain Venice and Constantinople that every Resident upon the Election of a new Embassador in ordinary remove to the next Residence in the Order nominated till having serv'd in them all he returns home That upon Monday next insuing the last of November there be every second year elected by the Senat som fit Person being under thirty five years of Age and not of the Senat or popular Assembly that the Party so elected repair upon Monday next insuing the last of March following as Embassador in ordinary to the Court of France and there reside for the term of two years to be computed from the first of April next insuing his Election That every Embassador in ordinary be allow'd three thousand pounds a year during the term of his Residences and that if a Resident coms to dy there be an extraordinary Election into his Residence for his term and for the remainder of his Removes and Progress Emergent Elections THAT all emergent Elections be made by Scrutiny that is by a Council or by Commissioners proposing and by the Senat resolving in the manner following That all Field-Officers be propos'd by the Council of War that all Embassadors extraordinary be propos'd by the Council of State that all Judges and Serjeants at Law be propos'd by the Commissioners of the great Seal that all Barons and Officers of Trust in the Exchequer be propos'd by the Commissioners of the Treasury and that such as are thus propos'd and approv'd by the Senat be held lawfully elected THESE Elections being thus dispatch'd I com to the Functions of the Senat and first to those of the Senatorian Councils for which it is propos'd Function of the Senatorian Councils THAT the cognizance of all matters of State to be consider'd or Law to be enacted whether it be Provincial or National Domestic or Foren pertain to the Council of State That such Affairs of either kind as they shall judg to require more Secrecy be remitted by this Council and belong to the Council of War being for that end a select part of the same That the cognizance and protection both of the National Religion and of the Liberty of Conscience equally establish'd in this Nation after the manner to be shewn in the Religious part of this Model pertain to the Council for Religion That all matters of Traffic and the regulation of the same belong to the Council of Trade That in the exercise of these several Functions which naturally are Senatorian or Authoritative only no Council assume any other Power than such only as shall be settl'd upon the same by Chap. 1 Act of Parlament Function of the Senat. THAT what shall be propos'd to the Senat by any one or more of the Signory or Proposers general or whatever was propos'd by any two of the Provosts or particular Proposers to their respective Council and upon debate at that Council shall com to be propos'd by the same to the Senat be necessarily debatable and debated by the Senat. That in all cases wherin Power is committed to the Senat by a Law made or by Act of Parlament the Result of the Senat be ultimat that in all cases of Law to be made or not already provided for by an Act of Parlament as War and Peace levy of Men or Mony or the like the Result of the Senat be not ultimat That whatsoever is resolv'd by the Senat upon a case wherin their Result is not ultimat be propos'd by the Senat to the Prerogative Tribe or Representative of the People except only in cases of such speed or secrecy wherin the Senat shall judg the necessary slowness or openness in this way of proceding to be of detriment or danger to the Commonwealth Function of the Dictator THAT if upon the motion or proposition of a Council or Proposer General the Senat adds nine Knights promiscuously chosen out of their own number to the Council of War the same Council as therby made Dictator have power of Life and Death as also to enact Laws in all such cases of speed or secrecy for and during the term of three months and no longer except upon a new Order from the Senat. And that all Laws enacted by the Dictator be good and valid for the term of one year and no longer except the same be propos'd by the Senat and resolv'd by the People THIS Dictatorian Council as may already appear consists fundamentally of the Signory with nine Knights elected by the Council of State additionally of nine Knights more emergently chosen by the Senat and of the four Tribuns of course as will appear when I com to speak of that Magistracy Now if Dictatorian Power be indeed formidable yet this in the first place is remarkable that the Council here offer'd for a Dictator is of a much safer Constitution than what among us hitherto has bin offer'd for a
upon the day and at the hour appointed except the meeting thro any inconvenience of the weather or the like be prorogu'd by the joint consent of the Signory and the Tribuns That the Prerogative Tribe being assembl'd accordingly the Senat propose to them by two or more of the Senatorian Magistrats therto appointed at the first promulgation of the Law That the Proposers for the Senat open to the People the Occasion Motives and Reasons of the Law to be propos'd and the same being don put it by distinct Clauses to the Ballot of the People That if any material Clause or Clauses be rejected by the People they be review'd by the Senat alter'd and propos'd if they think fit to the third time but no oftner Act of Parlament THAT what is thus propos'd by the Senat and resolv'd by the People be the Law of the Land and no other except as in the case reserv'd to the Dictatorian Council The seventh Parallel THE Congregation of Israel being monthly and the Representative propos'd being annual and triennial they are each upon Courses or Rotation the Congregation of Israel consisting of twenty four thousand in which the whole number of the Princes of the Tribes and of the Princes of the Familys amounted not I might say to one hundred but will say to one thousand it follows that the lower sort in the Congregation of Israel held proportion to the better sort above twenty to one Wheras in the Representative propos'd the lower sort hold proportion to the better sort but six to four and that popular Congregation where the lower sort hold but six to four is by far the most Aristocratical that is or ever was in any well order'd Common-wealth except Venice but if you will have that Gentry to be all of one sort or if you allow them to be of a better and of a meaner sort Venice is not excepted The Sanhedrim made no Law without Book III the People nor may the Senat in this Model but the Sanhedrim with Ezra 10. 8. the Congregation might make Laws so may the Senat in our Model with the Representative of the People Lastly as the Congregation in Israel was held either by the Princes in person with their Staves and Standards of the Camp or by the four and twenty thousand in Military Disciplin so the Representative propos'd is in the nature of a Regiment EXCEPTING Venice where there is a shadow and but a shadow of Law made by the Senat for the Soverain Power is undeniably in the great Council and Athens where a Law made by the Senat was current as a Probationer for one year before it was propos'd to the People there neither is nor has bin any such thing in a Commonwealth as a Law made by the Senat. That the Senat should have power to make Laws reduces the Government to a single Council and Government by a single Council if the Council be of the Many is Anarchy as in the Assembly of the Roman People by Tribes which always shook and at length ruin'd that Commonwealth Or if the Council be of the Few it is Oligarchy as that of Athens consisting of the four hundred who nevertheless pretended to propose to Thucyd. lib. 8. five thousand tho they did not Of which says THUCYDIDES This was indeed the form pretended in words by the four hundred but the most of them thro privat ambition fell upon that by which an Oligarchy made out of a Democracy is chiefly overthrown for at once they claim'd every one not to be equal but to be far the chief Anarchy or a single Council consisting of the Many is ever tumultuous and dos ill even while it means well But Oligarchy seldom meaning well is a Faction wherin every one striving to make himself or som other from whom he hopes for advantage spoils all There is in a Commonwealth no other cure of these than that the Anarchy may have a Council of som few well chosen and elected by themselves to advise them which Council so instituted is the Senat Or that the Oligarchy have a popular Representative to balance it which both curing Tumult in the rash and heady People and all those Corruptions which cause Factiousness in the sly and subtil Few amount to the proper Superstructures of a well order'd Commonwealth As to return to the example of the Oligarchy in Athens where the four hundred whose Reign being very short had bin as seditious were depos'd and the Soverainty was decreed to a popular Council of five thousand with a Senat of four hundred annually elective upon Courses or by Lib. 8. Rotation Of this says THUCYDIDES Now first at least in my time the Athenians seem to have order'd their State aright it consisting of a moderat temper both of the Few and the Many And this was the first thing that after so many misfortunes made the City again to raise her Head But we in England are not apt to believe that to decree the Soverainty to thousands were the way to make a City or a Nation recover of its Wounds or to raise its Head We have an aversion to such thoughts and are sick of them An Assembly of the People Soverain Nay and an Assembly of the People consisting in the major vote of the lower sort Why sure it must be a dull an unskilful thing But so is the Touchstone in a Goldsmiths Shop a dull thing and altogether unskil'd in the Trade yet without this would even the Master be deceiv'd And certain it is that a well order'd Assembly of he People is as true an Index of what in Government is good or great as tany Touchstone is of Gold A COUNCIL especially if of a loose Election having not Chap. 1 only the Debate but the Result also is capable of being influenc'd from without and of being sway'd by Interest within There may be a form'd a prejudic'd Party that will hasten or outbaul you from the Debate to the Question and then precipitat you upon the Result Wheras if it had no power of Result there could remain to the same no more than Debate only without any Biass or cause of diverting such Debate from Maturity in which Maturity of unbiass'd Debate lys the final cause of the Senat and the whole Light that can be given to a People But when this is don if your resolving Assembly be not such as can imbibe or contract no other Interest than that only of the whole People all again is lost for the Result of all Assemblys gos principally upon that which they conceive to be their own Interest But how an Assembly upon Rotation consisting of one thousand where the Vote is six to four in the lower sort should be capable of any other Interest than that only of the whole People by which they are orderly elected has never yet bin nor I believe ever will be shewn In a like distribution therfore of Debate and Result consists the
highest Mystery of Popular Government and indeed the supreme Law wherin is contain'd not only the Liberty but the Safety of the People FOR the remainder of the Civil part of this Model which is now but small it is farther propos'd Rule for Vacations THAT every Magistracy Office or Election throout this whole Commonwealth whether annual or triennial be understood of consequeuce to injoin an interval or vacation equal to the term of the same That the Magistracy of a Knight and of a Burgess be in this relation understood as one and the same and that this Order regard only such Elections as are National or Domestic and not such as are Provincial or Foren Exception from the Rule THAT for an exception from this Rule where there is but one Elder of the Horse in one and the same Parish that Elder be eligible in the same without interval and where there be above four Elders of the Horse in one and the same Parish there be not above half nor under two of them eligible at the same Election OTHERWISE the People beyond all manner of doubt would elect so many of the better sort at the very first that there would not be of the Foot or of the meaner sort enough to supply the due number of the Popular Assembly or Prerogative Tribe and the better sort being excluded subsequent Elections by their intervals there would not be wherwithal to furnish the Senat the Horse of the Prerogative Tribe and the rest of the Magistracys each of which Obstructions is prevented by this Exception Where by the way if in all experience such has bin the constant temper of the People and can indeed be reasonably no other it is apparent what cause there can be of doubt who in a Commonwealth of this nature must have the leading Yet is no man excluded from any Preferment only Industry which ought naturally to be the first step is first injoin'd by this Policy but rewarded amply seeing he who has made himself worth one hundred Pounds a year has made himself capable of all Preferments and Honors in this Government Where a man from the lowest state may not rise to the due pitch of his unquestionable Merit the Commonwealth is not equal yet neither can the People under the Limitations propos'd make choice as som object of any other than Book III the better sort nor have they at any time bin so inclining to do where they have not bin under such Limitations Be it spoken not to the disparagement of any man but on the contrary to their praise whose Merit has made them great the People of England have not gon so low in the election of a House of Commons as som Prince has don in the election of a House of Lords To weigh Election by a Prince with Election by a People set the Nobility of Athens and Rome by the Nobility of the old Monarchy and a House of Commons freely chosen by the Nobility of the new There remains but the Quorum for which it is propos'd The Quorum THAT throout all the Assemblys and Councils of this Commonwealth the Quorum consist of one half in the time of Health and of one third part in a time of Sickness being so declar'd by the Senat. HOW the City Government without any diminution of their Privileges and with an improvement of their Policy may be made to fall in with these Orders has * In Oceana elswhere bin shewn in part and may be consider'd farther at leisure Otherwise the whole Commonwealth so far as it is merely Civil is in this part accomplish'd Now as of necessity there must be a natural Man or a Man indu'd with a natural Body before there can be a spiritual Man or a Man capable of Divine Contemplation so a Government must have a Civil before it can have a Religious part And if a man furnisht only with natural parts can never be so stupid as not to make som Reflections upon Religion much less a Commonwealth which necessitats the Religious part of this Model CHAP. II. Containing the Religious Part of this Model propos'd practicably THERE is nothing more certain or demonstrable to common Sense than that the far greater part of Mankind in matters of Religion give themselves up to the public Leading Now a National Religion rightly establish'd or not coercive is not any public driving but only the public leading If the Public in this case may not lead such as desire to be led by the Public and yet a Party may lead such as desire to be led by a Party where would be the Liberty of Conscience as to the State Which certainly in a well order'd Commonwealth being the public Reason must be the public Conscience Nay where would be the Liberty of Conscience in respect of any Party which should so procede as to shew that without taking their Liberty of Conscience from others they cannot have it themselves If the Public refusing Liberty of Conscience to a Party would be the cause of Tumult how much more a Party refusing it to the Public And how in case of such a Tumult should a Party defend their Liberty of Conscience or indeed their Throats from the whole or a far greater Party without keeping down or tyrannizing over the whole or a far greater Party by force of Arms These things being rightly consider'd it is no wonder that Men living like men have not bin yet found without a Government or that any Government has not bin yet found without a National Religion that is som orderly and known way of public Chap. 2 leading in divine things or in the Worship of God A NATIONAL Religion being thus prov'd necessary it remains that I prove what is necessary to the same that is as it concerns the State or in relation to the Duty of the Magistrat CERTAIN it is that Religion has not seen corruption but by one of these three causes som Interest therwith incorporated som ignorance of the truth of it or by som complication of both Nor was ever Religion left wholly to the management of a Clergy that escap'd these Causes or their most pernicious Effects as may be perceiv'd in Rome which has brought Ignorance to be the Mother of Devotion and indeed Interest to be the Father of Religion Now the Clergy not failing in this case to be dangerous what recourse but to the Magistrat for safety specially seeing these Causes that is Interest and Ignorance the one proceding from evil Laws the other from the want of good Education are not in the right or power of a Clergy but only of the Civil Magistracy Or if so it be that Magistrats are oblig'd in duty to be nursing Fathers and nursing Mothers to the Church Isa 49. 23. how shall a State in the sight of God be excusable that takes no heed or care lest Religion suffer by Causes the prevention or remedy wherof is in them only To these therfore it
of question that for the righteous execution of this Wo upon him or them by whom the Offence coms a War may be just and necessary as also that Victory in a just and necessary War may intitle one Prince or one People to the Dominion or Empire of another Prince or People it is also out of question that a Commonwealth unless in this case she be provided both to acquire and to hold what she acquires is not perfect which Consideration brings me to the Provincial part of this Model CHAP. IV. Containing the Provincial Part of this Model propos'd practicably THE word Province is with Roman Authors of divers significations By these it is taken somtimes for Magistracy as that of the Consul which is call'd His Province somtime for any Religion or Country in which a Roman Captain or General was commanded to make War but specially for such a Country as was acquir'd and held by Arms or by Provincial Right The word is of the like different use in Scripture as where it is said That AHASUERUS Esth 1. 1. reign'd over a hundred and seven Provinces by which are understood as well the divisions of the native as those of the acquir'd Territorys But where TANAIS the Governor writes to Ezra 5. 8. the King of Assyria concerning the Province of Judea it is understood a Country acquir'd and held by Arms which coms to the usual signification of the word with the Romans it being in this sense that the Governor FELIX ask'd PAUL of what Province he was Acts 23. 34. and came to understand that he was of Cilicia then a Province of the Roman Empire and this signification is that in which I take the word throout this Chapter THE mighty load of Empire which happen'd to the Common-wealth of Rome thro the Acquisition of many and vast Provinces is that wherto the Songs of Poets and the opinions of more serious Writers attribute the weight which they say oversway'd her But this Judgment tho in it self right is not in the manner they take it to be swallow'd without chewing For how probable it is that the Book III succeding Monarchy was able to support a weight in this kind which the Commonwealth could not bear may at this distance be discern'd in that the Provinces were infinitly more turbulent in the Reign of the Emperors than in that of the Commonwealth as having a far stronger Interest thro ambition of attaining to the whole to tear the Empire in pieces which they did while divers Provinces made divers Emperors which before could not hope to make divers Common-wealths nor to acquire safety by retreat to a petty Government But in this the acquisition of Provinces devour'd the Commonwealth of Rome that she not being sufficiently fortify'd by Agrarian Laws Plutarch in Graâ—ch the Nobility thro the spoil of Provinces came to eat the People out of their popular Balance or Lands in Italy by Purchases and the Lands that had bin in the hands of the Many coming thus into the hands of the Few of natural and necessary consequence there follows Monarchy NOW that England a Monarchy has bin seiz'd of Provinces one of them while France was such being as great as any one of the Roman is a known thing and that the Militia propos'd by the present Model contains all the causes of Greatness that were in that of Rome is to such as are not altogether strangers to the former no less than obvious Now of like Causes not to presume like Effects were unreasonable The safety therfore of the foregoing Agrarian as hitherto propos'd or that Lands be divided in their descent must in this case be none at all unless there be som stop also given in their Accumulation by way of purchase lest otherwise the spoil of som mighty Province be still sufficient to eat out the People by purchase TO submit therfore in this place for ought I perceive to inevitable necessity it is propos'd Additional Propositions to the Agrarian THAT great Commonwealths having bin overthrown by the spoil of Provinces an Estate of two thousand pounds a year in Land be incapable of any Accumulation by way of purchase DONATIONS and Inheritances will be fewer than to be dangerous and as som fall others will be dividing in their descent But to resume the Discourse upon the Agrarian Laws which because they were not till in this Proposition complete remains imperfect That to Agrarian Laws som Standard is necessary appears plainly enough This Standard in a well founded Monarchy must bar recess and in a well founded Commonwealth must bar increase For certain it is that otherwise each of the Policys dos naturally breed that Viper which eats out the Bowels of the Mother as Monarchy by Pomp and Luxury reduces her Nobility thro debt to poverty and at length to a level with the People upon which no Throne ever stood or can stand such was the case of this Nation under her latter Princes And a Commonwealth by her natural ways of frugality of fattening and cockering up of the People is apt to bring Estates to such excess in som hands as eating out the rest bows the Neck of a free State or City to the yoke and exposes her to the goad of a Lord and Master which was the case of Rome under her perpetual Dictators But why yet must this Standard of Land in the present case be neither more nor less than just two thousand pounds a year Truly where som Standard was necessary to be nam'd I might as well ask why not this as well as any other yet am I not without such Reasons why I have pitch'd upon this rather than any other as I may submit to the judgment of the Reader in Chap. 4 the following computation or comparison of the divers Effects or Consequences of so many different Standards as by the rules of proportion may give sufficient account of the rest LET the dry Rent of England that is at the rate a man may have for his Land without sweating be computed at ten Millions This presum'd if you set the Standard at ten thousand pounds a year the whole Territory can com into no fewer than one thousand hands If you set it at five thousand pounds a year it can com into no fewer than two thousand hands and if you set it at two thousand pounds a year it can com into no fewer than five thousand hands It will be said In which way you please it will never com into so few hands as are capable of having it which is certain yet because the Effects in their approaches would be such as may be measur'd by their Extremes I shall pitch upon these as the readiest way to guide my Computation The Balance in a thousand hands might affect the Government with a hankering after Monarchy in two thousand hands it might usurp it as did the Roman Nobility and therby occasion a feud between the Senat and the People These not
only in the extremes but with much of a like nature in the approaches BUT letting these pass as also the numbers or compass necessary to the Rotation of such a Commonwealth none of which inconveniences are incident to the Standard of two thousand pounds a year as that wherby Lands can com into no fewer than five thousand Proprietors we will suppose these Standards to be each of them as to the safety of the Government indifferently practicable YET it is recorded by Experience and wise Authors that the true cause whence England has bin an overmatch in Arms for France lay in the communication or distribution of Property to the lower sort and for the same cause let it be consider'd if the Commonwealth upon the Standard of two thousand pounds a year câ—eteris paribus must not necessarily be an overmatch in the potency of its Militia for the other two Such are the advantages such is the glory of the like moderation to the public Mony says the Lord VERULAM is like muck not good except it be spread Much rather in Popular Government is this holding as to Land the latter having upon the State a far stronger influence at least in larger Territorys than Mony for in such Mony while scarce cannot overbalance Land and were Silver and Gold as plentiful as Brass or Iron they would be no more nor would Land be less worth And for privat men were it not that it is easier to fill the belly of a Glutton than his eys not only Virtue but the Beatitude of Riches would be apparently consistent in a mean But what need I play the Divine or the Philosopher upon a Doctrin which is not to diminish any mans Estate not to bring any man from the Customs to which he has bin inur'd nor from any emergent expectation he may have but regards only the Generation to com or the Children to be born seven years after the passing such a Law Whence it must needs follow that putting the case this Agrarian be introduc'd it is to our Age as if there were none and if there be no Agrarian it is to our Age as if there was one The difference is no more than that in the one way the Commonwealth is at all points secur'd and in the other it is left to its fortune even in the main Of Book III such soverain effect are the like Laws that I would go yet farther and propose Agrarian for Scotland and Ireland THAT in Scotland the Standard be set at five hundred pounds a year in Ireland at two thousand pounds a year in Land the rest for each as for England NARROWNESS of an Agrarian for Scotland being a Martial Country would make the larger provision of a good Auxiliary Militia and largeness of an Agrarian for Ireland being less Martial would cast a Sop into the Jaws of the Avarice of those who should think it too much confin'd in England And lest the Provincials in this case should think themselves worse dealt with than the Citizens themselves the sum of the Agrarian Laws being cast up together any man in the three Nations may hold four thousand five hundred pounds a year in Land and any small Parcel of Land or mere Residence in England makes a Provincial a Citizen Should the Commonwealth increase in Provinces the Estates at this rate both of the Citizens and Provincials would be more and greater than ever were those of the antient Nobility of these Nations and without any the least hazard to Liberty For he who considering the whole Roman Story or that only of the GRACCHI in PLUTARCH shall rightly judg must confess that had Rome preserv'd a good Agrarian but in Italy the Riches of its Provinces could not have torn up the Roots of its Liberty but on the contrary must have water'd them It may be said What need then of putting an Agrarian upon the Provinces I answer For two Reasons first is Indulgence to the Provincials and the second Advantage to the Commonwealth For the first it is with small foresight apparent enough that the Avarice of the Citizen being bounded at home and having no limits in the Provinces would in a few years eat up the Provincials and bring their whole Countrys as the Roman Patricians did Italy to sound in their Fetters or to be till'd by their Slaves or Underlings And so for the second the Commonwealth would by such means lose an Auxiliary Militia to be otherwise in Scotland only more worth than the Indys These things therfore thus order'd it is propos'd Provincial Councils THAT upon the expiration of Magistracy in the Senat or at the annual Recess of one third part of the same there be elected by the Senat out of the part receding into each Provincial Council four Knights for the term of three years therby to render each Provincial Council presuming it in the beginning to have bin constituted of twelve Knights divided after the manner of the Senat by three several Lists or Elections of annual triennial and perpetual Revolution or Rotation Provincial Governors or Generals THAT out of the same third part of the Senat annually receding there be to each Province one Knight elected for the term of one year That the Knight so elected be the Provincial General or Governor That a Provincial Governor or General receive annually in April at his Rendevou appointed the Youth or Recruits elected in the precedent Month to that end by the Tribes and by their Conductors deliver'd accordingly That he repair with the said Youth or Recruits to his Province and there dismiss that part of the Provincial Guard or Army whose triennial term is expir'd That each Provincial Governor have the conduct of Affairs of War and of State in his respective Province with advice of the Provincial Council and that he be President of the same THAT each Provincial Council elect three weekly Proposers or Provosts Chap. 4 after the manner and to the ends already shewn in the constitution of Senatorian Councils and that the Provost of the senior List during his Provincial Provosts term be President of the Council in absence of the General Subordination and Function of Provincial Councils THAT each Provincial Council procede according to Instructions receiv'd from the Council of State and keep intelligence with the same by any two of their Provosts for the Government of the Province as to matters of War or State That upon Levys of native or proper Arms by the Senat and the People a Provincial Council having to that end receiv'd Orders make Levys of Provincial Auxiliarys accordingly That Auxiliary Arms upon no occasion whatsoever excede the proper or native Arms in number That for the rest the Provincial Council maintain the Provincials defraying their peculiar Guards and Council by such a known proportion of Tributs as on them shall be set by the Senat and the People in their proper Rights Laws Liberties and Immunitys so far as upon the Merits
interest to break but to preserve the Orders which therfore no other can have the power or strength to break or som other breaking must but lose that which they pretend to gain to wit the Right which in this case must still fall to the Might devolving upon the People That Mr. WREN will needs fancy the Tribes or Citys in Oceana as those in W. p. 87. the united Provinces or the Cantons of Switzerland to be distinct Soveraintys concerns not me seeing the form of Oceana is far otherwise nor indeed him seeing neither do the Citys in Holland nor the Cantons in Switzerland go about to dissolve their Commonwealths or Leagues The Champion having thus fail'd at the head is contented to play low Tho there be care taken says he that at the Assembly of the Hundred W. p. 181. and the Tribe such and such Magistrats should be elected out of the Horse there is no necessary provision there should be any Horse there out of which to elect And where can they be then if not in som Parish He might better have said that at the Parish there was no care taken that the People should not elect too many of the Horse which being indeed the defect of the former is in this Edition rectify'd His last See Proposition 44. W. p. 183. exception is against the place where I say that They who take upon them the profession of Theology Physic or Law are not at leisure for the Essays wherby the Youth commence for all Magistracys and Honors in the Commonwealth To which reason he offers not so much as any Answer nor pretends any other Argument against it than that this excludes Divines Lawyers and Physicians from those Honors to which their Parish Clerks their Scriveners and their Apothecarys nay Farriers and Coblers may attain And what can I help that if it ought nevertheless so to be for a reason which he cannot answer Nay if so it be in common practice where the reason is nothing near so strong seeing a Parish Clerk a Scrivener an Apothecary nay a Cobler or a Farrier is not uncapable of being of the Common Council nor yet of being an Alderman or Lord Mayor of London which nevertheless that a Divine a Lawyer or a Physician should be were absurd to think Divines have a Plow from which they ought not to look back they have above a tenth of the Territory with which they ought to be contented and more than all Civil Interest contracted by a Clergy corrupts Religion For Lawyers their Practice and Magistracys are not only the most gainful but for life and in a Common-wealth neither is accumulation of Magistracy just or equal nor the confounding of Executive and Legislative Magistracy safe Will Mr. WREN believe one of our own Lawyers and one of the learnedst of them upon this point It is the Lord VERULAM They says he Verulam de Aug. Scien lib. 8. cap. 3. who have written de legibus of Lawmaking have handl'd this Argument as Philosophers or as Lawyers Philosophers speak higher than will fall into the capacity of practice to which may be refer'd PLATO'S Commonwealth Sir THOMAS MORE' 's Vtopia with his own Atlantis and Lawyers being obnoxious and addicted each to the Laws of their particular Country have no freedom nor sincerity of Judgment but plead as it were in bonds Certainly the cognizance of these things is most properly pertaining to political Persons who best know what stands with human Society what with the safety of the People what with natural Equity with antient Prudence and with the different Constitution of Common-wealths These therfore by the Principles and Precepts of natural Equity and good Policy may and ought to determin of Laws For Physicians who as such have in the management of State Affairs no prejudice if you open them the door they will not at all or very rarely com in wherby it appears First that such a bar may in som cases be no violation of Liberty and secondly that the Divines who for better causes might be as well satisfy'd and for more unanswerable Reasons ought to forbear yet are impatient and give a full testimony that their meaning is not good THUS is the Commonwealth by Mr. WREN oppos'd by him asserted There remains no more to the full confutation of his Book than to shew how the Monarchy by him asserted is by him destroy'd This is to be don by the examination of his ninth Chapter which is the next of those to which he refer'd us Sect. 3 THE opposition made by Mr. WREN to a Commonwealth That Mr. Wren's Assertion of Monarchy amounts to the Subversion of it and his pretended asserting of Monarchy run altogether upon Mr. HOBS'S Principles and in his very words but for want of understanding much enervated so that Mr. WREN'S whole â—eat of Arms coms but to have given me a weaker Adversary for a stronger In Soverainty says he the diffus'd strength of the Multitude is united W. p. 97. in one person which in a Monarchy is a natural person in a State an artificial one procreated by the majority of Votes This then is the grand W. p. 99. security of all Soverains whether single Persons or Assemblys that the united Forces of their Subjects with which they are invested is sufficient to suppress the beginnings of Seditions Who reads Mr. HOBS if this be news But what provision is made by either of these Authors that the Forces of the Subject must needs be united Is Union in Forces or in Government an Effect wherof there is no Cause Or to what cause are we to attribute this certain Union and grand Security Why let W. p. 103. there be such a Nobility as may be a Monarch's Guard against the People And lest a Monarch stand in need of another Guard against this Nobility let none of these excel the resâ— of his Order in power or dignity Which Effects or Ends thuâ— commanded â—ouchsafe not to acquaint us with Ibid. their ways Yâ—s let the Nobility hâ—â—e no right to assemble themselves for electing a Succâ—ssor to the Monarchy or for making of War or Peace or for nominating the great Ministers of State or for performing any other Act which by the nature of it is inseparable from the Soverain Power But why then must such a Nobility be a guard against the People and not rather a guard for the People seeing both their Interests and Sufferings at this rate are the same and include those very causes for which in the Barons War the Nobility became Incendiarys and Leaders of the People of England against their Kings and so those wherby their Captain came to excel the rest of his order in power or dignity But for this W. p. 105. the Prince is to be provided by having always in pay a sufficient Militia and som places of strength where a few may be secure against a number For places of Strength Citadels or Castles
acquisition of Power I cannot imagin which way they should turn themselves to the acquisition of Riches Val. They will drive then at Power they will be coordinat Pub. In the World there has never yet bin any Senat that durst so much as pretend to Power Val. No Had not the Senat of Israel and that of Lacedemon Power Pub. Executive Power they had in as much as they were Judicatorys but Legislative or Soverain Power which is that wherof we speak they had none at all Val. Other Senats have had other power as in the managing of foren Affairs and the like Pub. Which still coms not to the point in hand because in these and the like matters as the creation of divers Magistrats the Senat uses to be made Plenipotentiary by the Popular Assembly that is by Law Val. I hear them talk of making a coordinat Senat first and without the People and then of assembling a Parlament in the old way to govern with that Senat. Pub. Things VALERIUS are soon said but if any Parlament whatever so it be elected by the People and perhaps if otherwise do not make it one of their first works to pull down a coordinat Senat I ask no credit to my Politics Val. This is to prophesy Pub. Then to reason the case I say That the Senat assuming Power the popular Assembly falls immediatly to debate and the popular Assembly debating the Senat is ipso facto depos'd there being no other necessary use or function of the Senat but Debate only Val. You said but now That the Popular Assembly could not debate Pub. Not orderly and maturely but upon such an occasion as this they will do as they can nor is it avoidable Val. Nay if there be som occasion in which you allow that the popular Assembly must and ought to debate there will hardly be any in which they will be persuaded that they may not So this will com to the pulling down of the Senat as often as the People please Pub. Which is so much the rather to be fear'd because you shall never find that popular Assembly which did ever actually depose their Senat. Val. Our Army has pull'd down a good many Parlaments Pub. What is that to the purpose Is our Army a popular Assembly Yâ—t let them pull down a Parlament as often as they please they must set up another and in this indeed there may be som resemblance for let a popular Assembly pull down the Senat as often as they please they must set up another Val. Or a single Person Pub. Right for that holds both ways too and as to our case will stand neither Val. The People of Athens debated yet for all that their Senat was not depos'd Pub. Not formally but it remain'd little better than a Warren wherin great Men did as it were start hares to be hunted in the tumult of the popular Assembly Val. Verily PUBLICOLA this Model of yours is a most intire thing Pub. This with the necessary consequences as the division of the Senat into Senatorian Councils the adorning and actuating of this and the other Assembly with fit Magistrats wherof I have sufficiently discours'd in other places amounts to an intire thing Val. And you offer it freely Pub. I do Val. Would it not grieve you to see them crop a little of it and spoil it Pub. They had better take it to som purpose Val. Nay what they take will be to som purpose I warrant you Com there is a Party a select a refin'd Party a Nation in a Nation that must and will govern Pub. That is it which I desire to see Val. You are of a rare temper happy in unhappiness Pub. O I love frequent Changes Val. Is that any of your Virtues Pub. Yes where we are certain never to go right while there remains a way to go wrong Val. They are confident men They cannot be persuaded but they can govern the World Pub. Till they have try'd Such as can govern the World are such as can be govern'd by Reason Now there is no Party refin'd select or what you will in England amounting to one twentieth part of the whole People Val. One twentieth part of the People for ought I know may amount to a hundred thousand there is no Party any thing near this account I dare say Pub. A twentieth part of the People can never govern the other nineteen but by a perpetual Army Val. They do not like that the worse Pub. The People having bin govern'd by a King without an Army and being govern'd by a Commonwealth with an Army will detest the Government of a Commonwealth and desire that of a King Val. Yes such is the spirit of the Nation Pub. Such is the spirit in this case of any Nation Val. And yet they make it a particular quarrel Pub. They make every thing particular if you speak of Israel Athens Rome Venice or the like they hear you with volubility of countenance and will not have it that God ever minded the matter of Government till he brought them in play Nay tho they have com heels over head for this very thing I know not how often yet they are resolv'd to take no warning Val. PUBLICOLA you will be shent Pub. I am to perform my duty To flatter is not my duty Val. But between you and me Do you not think that the spirit of the Nation or the main body of the People of this Land desires the restitution of their antient Government Pub. I make little doubt of it Val. How then in case of a Commonwealth are they to be trusted Pub. In case of a Commonwealth it is not the People that are trusted but the Orders of the Commonwealth Val. The Commonwealth must consist of the People Pub. The People under the Monarchy when that invaded them invaded it Val. True and in such a manner as has caus'd the ruin of it Pub. What was the spirit of the People then Val. But it is now another thing Pub. Nay the very same for then it invaded a Government that invaded their Liberty and now it would invade a Government that invades their Liberty Val. But how should this be mended Pub. Do you not see that this should not be mended but incourag'd Val. How should it be incourag'd then Pub. By giving them a Form that must preserve their Liberty Val. I little doubt but there is in your Form a full security to the People of their Liberty but do you think that there is in it any full security that the People shall not cast off this Form Pub. If it secures their Liberty why should they Val. My question is not why they should but whether they can Pub. They cannot without going against their own interest Val. But they can go against their own interest Pub. Nay remember your self whether the Form shewn be not such as you have already granted can in no wise go beside the interest of the whole People Val.
their Caps for joy and immediatly return to their Houses Pub. But VALERIUS thus much has bin said in Parlament when the House was fuller when they who were for this Restitution were back'd by a single Person in actual possession of the Throne when over and above the zeal of the Presbyterians there were Partys that knew no other means of selfpreservation as without Divines belaboring the Oak of every Pulpit and within Laywers Officers and Pensioners yet was it so far from being carry'd that the single Person has bin forc'd to dissolve Parlaments and that thro apparent danger of being overrun by the Principles of a Commonwealth not in being But if this were so when a Commonwealth could scarce be hop'd what will it be when the Commonwealth shall be in such a condition as cannot be withstood for the Senat can never com to propose any thing to the People without first agreing upon debating what it is they will propose nor is it possible that such Debate should be brought to any end but by reasons therto conducing now it must not only be impossible to find reasons for the restitution of Monarchy but the reasons why Monarchy ought not to be restor'd must be obvious not only in regard that it is quite contrary to the interest of the Nation and of these Assemblys but to the interest ten to one of every particular man in either of these Assemblys nor are or have the reasons bin less obvious or less ventilated in Parlament why Monarchy as to this Nation is impossible in it self Val. Will you say the like for Liberty of Conscience Pub. Yes because without Liberty of Conscience Civil Liberty cannot be perfect and without Civil Liberty Liberty of Conscience cannot be perfect Val. These things are true but they never will see them never PUBLICOLA you your self say That the People cannot see but they can feel Pub. I meant that of the diffusive Body of the People not of the People under good Orders in which case they are the sharpest sighted of any kind of Government whatsoever and therfore it is not modest that you or I or any particular Man or Party blinded with selfconceit should pretend to see with such a Constitution or shew me that Ey under the Sun that sees like that of Venice But putting the case it were otherwise as to seeing these things are plainly palpable or obvious to feeling Val. I have indeed observ'd that in Commonwealths there are very few that see or understand them and yet their affection to that way of Government is exceding vigorous Pub. Whence can this otherwise be than from feeling But one thing VALERIUS I take at your hands extreme heavily Val. What is that PUBLICOLA Pub. That you with one little Speech of a single Senator should run so regardlesly over these two Assemblys without taking any notice at all of the necessary Course of them Val. What Course PUBLICOLA Pub. Why you might easily have thought that among three hundred Senators there might have bin at least one hundred as good Speakers as yours Val. Have I said any thing to the contrary Pub. And do you or I what we can ten to one of them will be longer winded than you have allow'd Val. For that matter let them please themselves Pub. Ay but then you should not have made an end of your Debate in a minute Val. What is all this Pub. Why I say They would have bin debating on that point at least a fortnight Val. Well and when that had bin don would never have agreed Pub. No. Val. Did not you say that before Pub. Well but I am now upon another point that was to the matter in debate this is to the manner of proceding imagin the matter had bin such upon which they could have agreed Val. What then Pub. Then such an agreement had bin a Decree of the Senat. Val. Is a Decree of the Senat binding Pub. If it be upon a Law made it is binding if upon a Law to be made it is to be propos'd to the People Now every Proposition to the People is to be promulgated that is printed and publish'd to the whole Nation six weeks before the time that the Representative is to assemble and give the Vote of the Commonwealth or that test without which no such Proposition can be any Law Val. By this means it must follow that the whole People both by Discourse and Letters debate six weeks together upon the matter Pub. You are right Val. How is it then that you say The Representative of the People must not debate You allow to these less privilege than to the whole People Pub. No less nor in this point any more Val. Yet dos this amount to Debate in those that are of the Representative Pub. You say well but not to any Debate at all in the Representative Val. Why this Representative is nothing else but an Instrument or Method wherby to receive the Result of the whole Nation with order and expedition and without any manner of tumult or confusion Pub. And is that any thing the worse Val. No but I am glad you have told it me for that those of the Representative would one way or other have Debate I knew certainly Pub. In sum are you satisfy'd that the Spirit of the Nation or the People however they may now under no Form at all and in detestation of such as having govern'd them by force will let them see no way out of confusion desire their old Government as having never yet known any other yet under such a Form as is propos'd can never go about to introduce Monarchy without obvious discovery that as to their Interest it is quite contrary and as to it self impossible Val. The satisfaction is pretty good Pub. Pretty good give me but half so good that the Spirit of the Army not formerly obedient to Parlaments and now dreading or despising them must apprehend the restitution of Monarchy to be quite contrary to their interest Val. You surprize me for if the Army will have no Parlament and a King restor'd can now in England without an Army have no Government they may imagin this their only way to Greatness and Continuance Pub. Had not the Oligarchy then if they meant well better to have us'd sober expressions and minded what those true and real Interests are which in the foundation and preservation of every kind of Government are paramount than to have overcast them with the mist of new affected Phrases and fallen on conjuring up Spirits Val. You have conjur'd up a Spirit that will keep me waking Pub. Set him on pulling down the Law and the Ministry when that is don let him blow up Windsor Castle Hampton Court and throw Whitehall into the Thames Val. It is the only way for then there can be no King Pub. You may be sure of that seeing the Count of Holland's Domain and his Houses are yet not only standing but diligently preserv'd by
the Hollanders Val. PUBLICOLA have you any more to tell me Pub. VALERIUS have you any more to ask me Val. Not except why you have not given the Parlament to understand thus much Pub. I have printed it over and over Val. They take no great notice of Books you should have laid it as they say in their dish by som direct Address as a Petition or so Pub. I did petition the Committee for Government Val. What answer did they make you Pub. None at all Val. I would have gon further and have presented it to the House Pub. Towards this also I went as far as I could Val. How far was that Pub. Why I think my Petition may have bin worn out in the pockets of som two or three Members Val. Have you a Copy of it about you Pub. Let me see here are many Papers this same is it To the Parlament of the Commonwealth of England c. The Humble Petition c. Sheweth THAT what neither is nor ever was in Nature can never be in Nature THAT without a King and Lords no Government either is or ever was in Nature but in mere force other than by a Senat indu'd with Authority to debate and propose and by a numerous Assembly of the People wholly and only invested with the right of Result in all matters of Law-giving of making Peace and War and of levying Men and Mony WHERFORE your Petitioner to disburden his Conscience in a matter of such concern to his Country most humbly and earnestly prays and beseeches this Parlament to take into speedy and serious consideration the irrefragable truth of the Premises and what therupon must assuredly follow that is either the institution of a Commonwealth in the whole People of England without exception or with exception for a time of so few as may be by way of a Senat and a numerous Assembly of the People to the ends and for the respective Functions aforesaid or the inevitable ruin of this Nation which God of his mercy avert And your Petitioner shall pray c. Val. I would it had bin deliver'd Pub. Look you if this had bin presented to the House I intended tohave added this other Paper and to have printed them together The Petitioner to the Reader Reader I SAY not that the Form contain'd in the Petition if we had it and no more would be perfect but that without thus much which rightly introduc'd introduces the rest there neither is was nor can be any such thing as a Commonwealth or Government without a King and Lords in Nature WHERE there is a coordinat Senat there must be a King or it falls instantly by the People as the King failing the House of Peers fell by the Commons WHERE there is a Senat not elective by the People there is a perpetual Feud between the Senat and the People as in Rome TO introduce either of these Causes is certainly and inevitably to introduce one of these Effects and if so then who are Cavaliers I leave you to judg hereafter BVT to add farther reason to experience All Civil Power among us not only by declaration of Parlament but by the nature of Property is in and from the People WHERE the Power is in the People there the Senat can legitimatly be no more to the Popular Assembly than my Counsil at Law is to me that is auxilium non imperium a necessary Aid not a Competitor or Rival in Power WHERE the Aids of the People becom their Rivals or Competitors in Power there their Shepherds becom Wolves their Peace Discord and their Government Ruin But to impose a select or coordinat Senat upon the People is to give them Rivals and Competitors in Power SOM perhaps such is the temper of the times will say That so much human Confidence as is express'd especially in the Petition is Atheistical But how were it Atheistical if I should as confidently foretel that a Boy must expire in Nonage or becom a Man I prophesy no otherwise and this kind of Prophesy is also of God by those Rules of his Providence which in the known Government of the World are infallible In the right observation and application of these consists all human Wisdom and we read that a poor man deliver'd a City by his Wisdom Eccles 9. 14. yet was this poor man forgotten But if the Premises of this Petition fail or one part of the Conclusion coms not to pass accordingly let me hit the other mark of this ambitious Address and remain a Fool upon Record in Parlament to all Posterity Val. Thou Boy and yet I hope well of thy Reputation Pub. Would it were but as good now as it will be when I can make no use of it Val. The Major of the Petition is in som other of your Writings and I remember som Objections which have bin made against it As that à non esse nec fuisse non datur argumentum ad non posse Pub. Say that in English Val. What if I cannot are not you bound to answer a thing tho it cannot be said in English Pub. No truly Val. Well I will say it in English then Tho there neither be any House of Gold nor ever were any House of Gold yet there may be a House of Gold Pub. Right but then à non esse nec fuisse in natura datur argumentum ad non posse in natura Val. I hope you can say this in English too Pub. That I can now you have taught me If there were no such thing as Gold in nature there never could be any House of Gold Val. Softly The frame of a Government is as much in Art and as little in Nature as the frame of a House Pub. Both softly and surely The Materials of a Government are as much in Nature and as little in Art as the Materials of a House Now as far as Art is necessarily dispos'd by the nature of its Foundation or Materials so far it is in Art as in Nature Val. What call you the Foundation or the Materials of Government Pub. That which I have long since prov'd and you granted The Balance the distribution of Property and the Power thence naturally deriving which as it is in one in a few or in all dos necessarily dispose of the form or frame of the Government accordingly Val. Be the Foundation or Materials of a House what they will the Frame or Superstructures may be diversly wrought up or shapen and so may those of a Commonwealth Pub. True but let a House be never so diversly wrought up or shapen it must consist of a Roof and Walls Val. That 's certain Pub. And so must a Commonwealth of a Senat and of a Popular Assembly which is the sum of the Minor in the Petition Val. The Mathematicians say They will not be quarrelsom but in their Sphere there are things altogether new in the World as the present posture of the Heavens is and as was the Star in
Language so not this Religion nor that Religion yet som Religion is natural to every Nation 16. THE Soul of Government as the true and perfect Image of the Soul of Man is every whit as necessarily religious as rational 17. THE Body of a Government as consisting of the sensual part of Man is every whit as preservative and defensive of it self as sensual Creatures are of themselves 18. THE Body of a Man not actuated or led by the Soul is a dead thing out of pain and misery but the Body of a People not actuated or led by the Soul of Government is a living thing in pain and misery 19. THE Body of a People not led by the reason of the Government is not a People but a Herd not led by the Religion of the Government is at an inquiet and an uncomfortable loss in it self not disciplin'd by the conduct of the Government is not an Army for defence of it self but a Rout not directed by the Laws of the Government has not any rule of right and without recourse to the Justice or Judicatorys of the Government has no remedy of wrongs 20. IN contemplation of and in conformity to the Soul of man as also for supply of those his Necessitys which are not otherwise supply'd or to be supply'd by Nature Form of Government consists necessarily of these five parts The Civil which is the Reason of the People the Religious which is the Comfort of the People the Military which is the Captain of the People the Laws which are the Rights of the People and the Judicatorys which are the Avengers of their Wrongs 21. THE parts of Form in Government are as the Offices in a House and the Orders of a Form of Government are as the Orders of a House or Family 22. GOOD Orders make evil men good and bad Orders make good men evil 23. OLIGARCHISTS to the end they may keep all others out of the Government pretending themselves to be Saints do also pretend that they in whom Lust reigns are not fit for Reign or for Government But Libido dominandi the Lust of Government is the greatest Lust which also reigns most in those that have least right as in Oligarchists for many a King and many a People have and had unquestionable Right but an Oligarchist never whence from their own argument the Lust of Government reigning most in Oligarchists it undeniably follows that Oligarchists of all men are least fit for Government 24. AS in Houses not differing in the kinds of their Offices the Orders of the Familys differ much so the difference of Form in different Governments consists not in the kinds or number of the Parts which in every one is alike but in the different ways of ordering Chap. V hose parts And as the different Orders of a House arise for the most part from the quantity and quality of the Estate by which it is defray'd or maintain'd according as it is in one or more of the Family as Proprietors so is it also in a Government 25. THE Orders of the Form which are the manners of the mind of the Government follow the temperament of the Body or the distribution of the Lands or Territorys and the Interests thence arising 26. THE Interest of Arbitrary Monarchy is the absoluteness of the Monarch the Interest of Regulated Monarchy is the greatness of the Nobility the Interest of Democracy is the felicity of the People for in Democracy the Government is for the use of the People and in Monarchy the People are for the use of the Government that is of one Lord or more 27. THE use of a Horse without his Provender or of the People without som regard had to the necessitys of Human Nature can be none at all nor are those necessitys of Nature in any Form whatsoever to be otherwise provided for than by those five parts already mention'd for which cause every Government consists of five parts the Civil the Religious the Military the Laws and the Judicatorys CHAP. V. Of Form in the Civil part 1. THOSE Naturalists that have best written of Generation do observe that all things procede from an Eg and that there is in every Eg a Punctum saliens or a part first mov'd as the purple Speck observ'd in those of Hens from the working wherof the other Organs or fit Members are delineated distinguish'd and wrought into one Organical Body 2. A NATION without Government or fallen into privation of Form is like an Eg unhatch'd and the Punctum saliens or first mover from the corruption of the Former to the generation of the succeding Form is either a sole Legislator or a Council 3. A SOLE Legislator proceding according to Art or Knowlege produces Government in the whole piece at once and in perfection But a Council proceding not according to Art or what in a new case is necessary or fit for them but according to that which they call the Genius of the People still hankering after the things they have bin us'd to or their old Customs how plain soever it be made in reason that they can no longer fit them make patching work and are Ages about that which is very seldom or never brought by them to any perfection but commonly coms by the way to ruin leaving the noblest Attemts under reproach and the Authors of them expos'd to the greatest miserys while they live if not their Memorys when they are dead and gon to the greatest infamy 4. IF the Punctum saliens or first mover in generation of the Form be a sole Legislator his proceding is not only according to Nature but according to Art also and begins with the Delineation of distinct Orders or Members Chap. V 5. DELINEATION of distinct Organs or Members as to the Form of Government is a division of the Territory into fit Precincts once stated for all and a formation of them to their proper Offices and Functions according to the nature or truth of the Form to be introduc'd 6. PRECINCTS in absolute Monarchy are commonly call'd Provinces and as to the delineation or stating of them they may be equal or inequal Precincts in regulated Monarchy where the Lords or Nobility as to their Titles or Estates ought not to be equal but to differ as one Star differs from another in Glory are commonly call'd Countys and ought to be inequal Precincts in Democracy where without equality in the Electors there will hardly be any equality in the Elected or where without equality in the Precincts it is almost if not altogether impossible there should be equality in the Commonwealth are properly call'd Tribes and ought by all means to be equal 7. EQUALITY or Parity has bin represented an odious thing and made to imply the levelling of mens Estates but if a Nobility how inequal soever in their Estates or Titles yet to com to the truth of Aristocracy must as to their Votes or participation in the Government be pares regni that
Monarchy for the Judicial part of the Form may admit of a Jury so it be at the Bar only and consists of som such kind as Delegats or ordinary Judges with an Appeal to a House of Peers or som such Court as the Parlament at Paris which was at the institution in the Reign of HUGH CAPET a Parlament of soverain Princes 25. DEMOCRACY for the Judicial part of the Form is of som such kind as a Jury on the Bench in every Tribe consisting of thirty persons or more annually eligible in one third part by the People of that Tribe with an Appeal from thence to a Judicatory residing in the Capital City of the like Constitution annually eligible in one third part out of the Senat or the popular Assembly or out of both from which also there lys an Appeal to the People that is to the Popular Assembly Chap. X CHAP. X. Of the Administration of Government or REASON OF STATE 1. AS the Matter of a Ship or of a House is one thing the Form of a Ship or of a House is another thing and the Administration or Reason of a Ship or of the House is a third thing so the Matter of a Government or of a State is one thing the Form of a Government or of a State is another and the Administration of a Government which is what 's properly and truly call'd Reason of State is a third thing 2. THERE are those who can play and yet cannot pack the Cards and there are who can pack the Cards and yet cannot play 3. ADMINISTRATION of Government or Reason of State to such as propose to themselves to play upon the square is one thing and to such as propose to themselves to pack the Cards is another 4. REASON of State is that in a Kingdom or a Common-wealth which in a Family is call'd THE MAIN CHANCE 5. THE Master of a Family that either keeps himself up to his antient bounds or increases his Stock looks very well to the main Chance at least if his play be upon the square that is upon his own Abilitys or good Fortune or the Laws but if it were not upon the square yet an Estate however gotten is not for that a less Estate in it self nor less descending by the Law to his Successors 6. IF a People thro their own Industry or the prodigality of their Lords com to acquire Liberty if a few by their Industry or thro the folly or slothfulness of the People com to eat them out and make themselves Lords if one Lord by his Power or his Virtue or thro their Necessity their Wisdom or their Folly can overtop the rest of these Lords and make himself King all this was fair play and upon the square 7. REASON of State if we speak of it as fair play is foren or domestic 8. REASON of State which is foren consists in balancing foren Princes and States in such a manner as you may gain upon them or at least that they may not gain upon you 9. REASON of State which is domestic is the Administration of a Government being not usurp'd according to the Foundation and Superstructures of the same if they be good or so as not being good that they may be mended or so as being good or bad they may be alter'd or the Government being usurp'd the Reason of State then is the way and means wherby such a Usurpation may be made good or maintain'd 10. REASON of State in a Democracy which is rightly founded and rightly order'd is a thing of great facility whether in a foren or in a domestic relation In a foren because one good Democracy weighing two or three of the greatest Princes will easily give the Balance abroad at its pleasure in a domestic because it consists not of any more than giving such a stop in accumulation that the State coms not Chap. X to be Monarchical which one Reason of State being made good all the rest gos well and which one Reason of State being neglected all the rest coms in time to infallible ruin 11. REASON of State in a Democracy which is not right in its Foundations may flourish abroad and be one but at home will languish or be two Reasons of State that is the Reason of the State or Orders of the Nobility which is to lord it over the People and the Reason of the popular State or Order which is to bring the Common-wealth to equality which two Reasons of State being irreconcilable will exercise themselves against one another first by Disputes then by Plots till it coms at last to open Violence and so to the utter ruin of the Commonwealth as it happen'd in Rome 12. REASON of State in an absolute Monarchy whether Foren or Domestic is but threefold as first to keep its Military Farmers or Timariots to the first Institution next to cut him that grows any thing above his due Stature or lifts up his head above the rest by so much the shorter and last of all to keep its Arms in exercise 13. IN Aristocratical Monarchy Reason of State as to the whole is but one thing that is to preserve the Counterpoise of the King and the two or the three or the four Estates For in som Countrys as in Poland there are but two Estates the Clergy and the Nobility in others as in Sweden there are four the Nobility the Gentry the Clergy and the Commons in most others there are but three the Lords Spiritual the Lords Temporal and the Commons 14. IN Aristocratical Monarchy Reason of State as to the parts is a multifarious thing every State having its peculiar Reason of State and the King also his Reason of State with the King it is to balance the Nobility that he may hold them under Reason of State with the Nobility is to balance the King lest he should grow absolute Reason of State both with the King and the Nobility is to keep down the People and Reason of State with the People is to drive at their Liberty 15. IN Forms that are pure or in Governments that have no more than an absolute Prince or one State as absolute Monarchy and equal or pure Democracy there is but one Reason of State and that is to preserve the Form intire In Forms that are mix'd as in an inequal Commonwealth where there are two Estates and in Aristocratical Monarchy where there is a King and two if not three Estates there are so many Reasons of State to break the Form that there has not bin any inequal Commonwealth which either the People have not brought to Democracy or the Nobility to Monarchy And scarce was there any Aristocratical Monarchy where to omit the Wars of the Nobility with their King or among themselves the People have not driven out the King or where the King has not brought the People into Slavery Aristocratical Monarchy is the true Theatre of Expedientmongers and Stateemperics or the deep Waters wherin that Leviathan
consist of too many 71. IN every Commonwealth there has bin a Popular Assembly This in Israel at least consisted of twenty four thousand upon a monthly Rotation In Athens Lacedemon Rome it consisted of the whole Citizens that is of all such as had a right in the Commonwealth whether they inhabited in City or Country In Venice it consists of about two thousand In the Province of Holland only which contains eighteen or nineteen Soveraintys the Popular or resolving Assemblys consist at least of five hundred Persons these in the whole Union may amount to five or six thousand in Switzerland I believe they com to a greater number And the most of these Assemblys have bin perpetually extant 72. IF the Popular Assembly consists of so few and so eminent Persons as are capable of any orderly Debate it is good for nothing but to destroy the Commonwealth 73. IF the Popular Assembly consists of so many and for the greater part of so mean Persons as are not capable of Debate there must be a Senat to help this defect 74. THE Reason of the Senat is that a Popular Assembly rightly constituted is not capable of any prudent debate 75. THE Reason of the Popular Assembly is that a Senat rightly constituted for Debate must consist of so few and eminent Persons that if they have the Result too they will not resolve according to the Interest of the People but according to the Interest of themselves 76. A POPULAR Assembly without a Senat cannot be wise 77. A SENAT without a Popular Assembly will not be honest 78. THE Senat and the Popular Assembly being once rightly constituted the rest of the Commonwealth will constitute it self 79. THE Venetians having slain divers of their Dukes for their Tyranny and being assembl'd by such numbers in their great Council as were naturally incapable of Debate pitch'd upon thirty Gentlemen who were call'd Pregati in that they were pray'd to go apart and debating upon the Exigence of the Commonwealth to propose as they thought good to the great Council and from thence first arose the Senat of Venice to this day call'd the Pregati and the Great Council that is the Senat and the Popular Assembly of Venice And from these two arose all those admirable Orders of that Commonwealth 80. THAT a People of themselves should have such an understanding as when they of Venice did institute their Pregati or Senat is rare 81. THAT a Senat or Council of Governors having supreme Power should institute a popular Assembly and propose to it tho in all reason it be the far more facil and practicable is that which is rarer 82. THE diffusive body of the People is not in a natural capacity of judging for which cause the whole judgment and power of the diffusive Body of the People must be intirely and absolutely in their collective Bodys Assemblys or Representatives or there can be no Commonwealth 83. TO declare that the Assemblys or Representatives of the People have power in som things and in others not is to make the diffusive Body which is in a natural incapacity of judging to be in a political capacity of judging 84. TO bring a natural incapacity of judging to a political capacity of judging is to introduce Government To bring a natural incapacity of judging to such a collective or political capacity of judging as yet necessarily must retain the Interest of the diffusive Body is to introduce the best kind of Government But to lay any appeal whatsoever from a political capacity of judging to a natural incapacity of judging is to frustrat all Government and to introduce Anarchy Nor is Anarchy whether impos'd or obtruded by the Legislator first or by the People or their Demagogs or Incendiarys afterwards of any other kind whatsoever than of this only 85. TO make Principles or Fundamentals belongs not to Men to Nations nor to human Laws To build upon such Principles or Fundamentals as are apparently laid by GOD in the inevitable necessity or Law of Nature is that which truly appertains to Men to Nations and to human Laws To make any other Fundamentals and then build upon them is to build Castles in the Air. 86. WHATEVER is violent is not secure nor durable whatever is secure or durable is natural 87. GOVERNMENT in the whole People tho the major part were disaffected must be secure and durable because it waves Force to found it self upon Nature 88. GOVERNMENT in a Party tho all of these were well affected must be insecure and transitory because it waves Nature to found it self upon Force 89. COMMONWEALTHS of all other Governments are more especially for the preservation not for the destruction of Mankind 90. COMMONWEALTHS that have bin given to cut off their diseas'd Limbs as Florence have brought themselves to impotence and ruin Commonwealths that have bin given to healing their diseas'd Limbs as Venice have bin healthful and flourishing 91. ATHENS under the Oligarchy of four hundred was infinitly more afflicted and torn with Distraction Blood and Animosity of Partys than is England yet by introduction of a Senat of four hundred and a Popular Assembly of five thousand did therupon so suddenly as if it had bin a Charm recover Might and Glory See the eighth Book of THUCYDIDES A Story in these Times most necessary to be consider'd 92. TO leave our selves and Posterity to a farther purchase in Blood or Sweat of that which we may presently possess injoy and hereafter bequeath to Posterity in Peace and Glory is inhuman and impious 93. AS certainly and suddenly as a good state of health dispels the peevishness and peril of Sickness dos a good state of Government the animosity and danger of Partys 94. THE Frame of a Commonwealth having first bin propos'd and consider'd Expedients in case such should be found necessary for the safe effectual and perfect introduction of the same may with som aim be apply'd or fitted as to a House when the Model is resolv'd upon we fit Scaffolds in building But first to resolve upon Expedients and then to fit to them the Frame of a Commonwealth is as if one should set up Props and then build a House to lean upon them 95. AS the chief Expedients in the building of a House are Axes and Hammers so the chief Expedient in the building of a Government is a standing Army 96. AS the House which being built will not stand without the perpetual noise or use of Axes and Hammers is imperfect so is the Government which being form'd cannot support it self without the perpetual use of a standing Army 97. WHILE the Civil and Religious parts of a Commonwealth are in forming there is a necessity that she should be supported by an Army but when the Military and Provincial parts are rightly form'd she can have no farther use of any other Army Wherfore at this point and not till then her Armys are by the practice of Common-wealths upon slighter occasions to have
THAT all Magistrats be elected by the same THAT this Assembly of the People consist of the five Classes in such manner that if the Votes of the first and second Classes be near equal the third Classis be call'd and if these agree not the fourth be call'd and so for the rest THAT what is thus propos'd by the Senat and resolv'd by the People be the Law IN this Frame the Senat by the optimacy of the first and second Classes which seldom or never disagree carrys all to the exclusion of the main Body of the People whence arises continual feud or enmity between the Senat and the People who consulting apart introduce Popular Debate set up som other way of Assembly as by Tribes or by Parishes with more equality of Votes elect Magistrats of their own make Decrees binding the Senat or Nobility indeavor to curb their Power by weakning their Balance or diminishing their Estates All these tumultuously and to the alteration of the Government with so frequent Changes under so divers shapes as make a very Proteus of the Commonwealth till having bin all her lifetime afflicted with Anarchy she ends her days in Tyranny A SIXTH MODEL OF A COMMONWEALTH PROPOS'D The Commonwealth of Venice THAT the Soverain Power be estated upon four thousand select men to them and their Heirs for ever THAT there be a great Council consisting of these four thousand and that their Sons at five and twenty years of age have right to the same THAT the great Council elect one Duke for life That the Duke have a Royal Palace assign'd with a Guard at the States charge and a Revenue of fifteen hundred pounds a year and that he bear the Soverain Dignity of the Commonwealth THAT this Duke have six Counsillors annually chosen by the great Council That he have no power to sign any Writing tho in his own Name nor to do any of his political Functions without his Counsillors That his Counsillors have power to sign any Writing in the Duke's name or to do any of his political Functions without him and that the Duke with these six Counsillors be the Signory of the Commonwealth THAT the Signory of this Commonwealth have session and suffrage in all the Councils of the same with right also to propose to each or any of them either jointly or severally THAT one hundred and twenty elected annually by the great Council together with other Councils and Magistrats to whom of course the like Honor is appertaining be the Senat. THAT sixteen other Magistrats propos'd by the Senat and confirm'd by the great Council for the term of six months be a Council apart with three weekly Provosts or Proposers call'd the College THAT the Signory may assemble the College and propose to them that the College may assemble the Senat and propose to them and that the Senat may assemble the great Council and propose to them And that whatever is resolv'd by the Senat and not contradicted nor question'd by the great Council be the Law THAT there be a Council of Ten elected annually by the great Council and that this Council of Ten with the Signory and som of the College having right of Session and Suffrage in the same may upon occasion exercise Dictatorian Power in this Commonwealth THAT the rest of the People under the Empire of this Commonwealth be disarm'd and govern'd by Lieutenants of Provinces That the Commonwealth have a standing Army of strangers or others in Disciplin and Pay And that the City wherin she shall reside be founded in the Sea after such a manner that it can no more be approach'd by a Fleet than by an Army without a Fleet. Otherwise this Commonwealth is expos'd both to the Provinces and to a mercenary Army A SEVENTH MODEL OF A COMMONWEALTH PROPOS'D The Commonwealth of Holland THAT the People in every City and in every Province or County within these three Nations elect to every City Province or County of the same a matter of twenty thirty or forty Magistrats for life That these Magistrats being so elected be the Senat of that respective City Province or County THAT the Senats thus elected thenceforth have and injoy the Soverain Power within their respective Jurisdiction for ever That every Senat annually elect two or four Burgomasters or Consuls to be Presidents of the same That they also elect seven Magistrats or present fourteen persons to the Governor of the Province and that he elect seven That the seven so elected be Judges or have the Executive Power of the Laws for their term and within their respective Jurisdiction THAT in case of Affairs of more public and general concern as War or Peace levy of Men or Mony and the like the Governor of the Province give information of the things to be consider'd to the Nobility and to the Senats of that Province therwith appointing a time and place for the Assembly of the States Provincial That each of the Senats having debated the matter propos'd delegat one Consul with som other Senators well inform'd and instructed with their Will and Pleasure to the Assembly of the States Provincial That the Nobility of the same Province delegat som of their Order likewise to the Provincial States That the Delegats both of the Nobility and of the Senats give the Vote of their Principals according to instruction and that neither the Nobility nor any Senat or Soverainty be otherwise bound than by their own Vote THAT the Provincial Estates elect one Magistrat for life or during pleasure to be Provincial Governor That they elect one or more other Magistrats for life or during pleasure to be States General THAT the States General being elected and well instructed by their Provinces have the direction of the whole League That each give not his own Vote but the Vote of his Province and that no Province be otherwise bound than by her own Vote IF these Models in which I claim to be the first that has laid the whole and the highest Mysterys of the antient Commonwealths to the lowest capacity of vulgar Debate be not all in the mouths of great men and in Pamphlets for Chimeras or Utopias it is great chance Yet contain they no less than the whole Revolution of Popular Prudence Nor is it more certain that no one of them would fit the present state of this Nation than that he or they whose Contemplation and Vnderstanding is not well vers'd in the most or in the best of these shall never fit a Model of Popular Government to the present state of this Nation or of any other In which assurance I com to fulfil my promise in the Second Part or to propose such a Model as is fitted to the present state of this Nation THE SECOND PART Proposing a MODEL of A COMMONWEALTH Fitted to the Present State of this Nation BVT so it is ever that the Humors or Interests of predominant Partys hold themselves to be National and that which fits them
Senat. 33. THAT in all cases wherin Power is deriv'd to the Senat by Law made or by Act of Parlament the result of the Senat be ultimat That in all cases of Law to be made or not already provided for by Act of Parlament as som particular Peace or War levy of Men or Mony or the like the Result of the Senat be not ultimat but preparatory only and be propos'd by the Senat to the Prerogative Tribe or Assembly of the People except only in cases of such speed or secrecy wherin the Senat shall judg the necessary slowness or openness of like proceding to be of detriment or danger to the Commonwealth 34. THAT if upon the motion or proposition of a Council or Proposer General the Senat add nine Knights promiscuously or not promiscuously chosen out of their own number to the Council of War the said Council of War be therby made Dictator and have power of Life and Death as also to enact Laws in all cases of speed or secrecy for and during the term of three months and no longer except upon new Order from the Senat And that all Laws enacted by the Dictator be good and valid for the term of one year and no longer except the same be propos'd by the Senat and resolv'd by the People 35. THAT the Burgesses of the annual Election return'd by the Tribes enter into the Prerogative Tribe on Monday next insuing the last of March and that the like number of Burgesses whose term is expir'd recede at the same time That the Burgesses thus enter'd elect to themselves out of their own number two of the Horse one to be Captain and the other to be Cornet of the same and two of the Foot one to be Captain the other to be Insign of the same each for the term of three years That these Officers being thus elected the whole Tribe or Assembly procede to the election of four annual Magistrats two out of the Foot to be Tribuns of the Foot and two out of the Horse to be Tribuns of the Horse That the Tribuns be Commanders in chief of this Tribe so far as it is a Military Body and Presidents of the same as it is a Civil Assembly And lastly that this whole Tribe be paid weekly as follows to each of the Tribuns of the Horse seven pounds to each of the Tribuns of the Foot six pounds to each of the Captains of Horse five pounds to each of the Captains of Foot four pounds to each of the Cornets three pounds to each of the Insigns two pounds seven shillings to every Horseman one pound ten shillings and to every one of the Foot one pound 36. THAT inferior Officers as Captains Cornets Insigns be only for the Military Disciplin of the Tribe That the Tribuns have Session in the Senat without Suffrage That of course they have Session and Suffrage in the Dictatorian Council so often as it is created by the Senat. That in all cases to be adjudg'd by the People they be Presidents of the Court or Judicatory 37. THAT Peculat or Defraudation of the Public and all Cases or Crimes tending to the subversion of the Government be triable by the Prerogative Tribe or the Assembly of the People and that to the same there ly an Appeal in all Causes and from all Courts Magistrats or Councils National or Provincial 38. THAT the right of Debate as also of proposing to the People be wholly and only in the Senat without any power at all of Result not deriv'd from the People and estated upon the Senat by act of Parlament 39. THAT the power of Result be wholly and only in the People without any right at all of Debate 40. THAT the Senat having debated and agreed upon a Law to be propos'd cause promulgation of the said Law to be made for the space of six weeks before Proposition that is cause the Law to be written fair and hung up for the time aforesaid in som of the most eminent places of the City and of the Suburbs 41. THAT promulgation being made the Signory demand of the Tribuns sitting in the Senat an Assembly of the People That the Tribuns upon such demand of the Signory or of the Senat be oblig'd to assemble the Prerogative Tribe in Arms by sound of Trumpet with Drums beating and Colors flying in any Town Field or Marketplace being not above six miles distant upon the day and at the hour appointed except the meeting thro inconvenience of the Weather or the like be prorogu'd by consent of the Signory and of the Tribuns That the Prerogative Tribe being assembl'd accordingly the Senat propose to them by two or more of the Senatorian Magistrats therto appointed at the first promulgation of the Law That the Proposers for the Senat open to the People the occasion motives and reasons of the Senat for the Law to be propos'd and that the same being don they put the Law or Proposition by distinct clauses to the Ballot of the People That if any material Clause or Clauses of the Proposition or Law so propos'd be rejected by the People the Clause or Clauses so rejected may be review'd alter'd and propos'd again to the third time if the Senat think fit but no oftner 42. THAT what is thus propos'd by the Senat and resolv'd by the People be the Law of the Land and no other except what is already receiv'd as such or reserv'd to the Dictatorian Council 43. THAT every Magistracy Office or Election throout this whole Commonwealth whether annual or triennial be understood of course or consequence to injoin an interval or vacation equal to the term of the same That the Magistracy or Office of a Knight and of a Burgess be in this relation understood as one and the same and that this Order regard only such Elections as are National or Domestic and not such as are foren or contain'd in the Provincial part of this Model 44. THAT for an Exception from this Rule where there is but one Elder of the Horse in one and the same Parish that Elder be eligible in the same without interval and where there be above four Elders of the Horse in one and the same Parish there be not above half nor under two of them eligible at the same Election 45. THAT throout all the Assemblys and Councils of this Commonwealth the Quorum consist of one half in the time of health and of one third part in a time of sickness being so declar'd by the Senat. THE use of the Ballot being as full of prolixity and abstruseness in writing as of dispatch and facility in practice is presum'd throout all Elections and Results in this Model and for the rest refer'd rather to practice than writing There remain the Religious Military and Provincial parts of this Frame But the Civil part being approv'd they follow or being not approv'd may be spar'd CONCLUSION or the use of these PROPOSITIONS THESE Propositions are so laid
aid of som political Anatomist without which they may have Appeâ—iâ—s but will be chopfallen Examples wherof they have had but too many one I think may be insisted upon without envy THIS is that which was call'd The Agreement of the People consisting in sum of these Propositions The Anarchy of the Levellers THAT there be a Representative of the Nation consisting of four hundred Persons or not above WHICH Proposition puts the Bar on the quite contrary side this being the first example of a Commonwealth wherin it was conceiv'd that five hundred thousand men or more might be represented by four hundred The Representation of the People in one man causes Monarchy and in a few causes Oligarchy the Many cannot be otherwise represented in a State of Liberty than by so many and so qualify'd as may within the compass of that number and nature imbrace the interest of the whole People Government should be establish'd upon a Rock not set upon a Precipice a Representative consisting but of four hundred tho in the nature therof it be popular is not in it self a Weapon that is fix'd but has somthing of the broken Bow as still apt to start aside to Monarchy But the paucity of the number is temper'd with the shortness of the term it being farther provided THAT this Representative be biennial and sit not above eight Months But seeing a supreme Council in a Commonwealth is neither assembl'd nor dissolv'd but by stated Orders directing upwards an irresistible strength from the root and as one tooth or one nail is driven out by another how is it provided that this Biennial Council shall not be a perpetual Council Wheras nothing is more dangerous in a Commonwealth than intire Removes of Councils how is it provided that these shall be men sufficiently experienc'd for the management of Affairs And last of all wheras dissolution to Soverain Power is death to whom are these after their eight months to bequeath the Commonwealth In this case it is provided THAT there be a Council of State elected by each new Representative within twenty days after their first meeting to continue till ten days after the meeting of the next Representative In which the faults observ'd in the former Order are so much worse as this Council consists of fewer Thus far this Commonwealth is Oligarchy but it is provided THAT these Representatives have Soverain Power save that in som things the People may resist them by Arms. Which first is a flat contradiction and next is downright Anarchy Where the Soverain Power is not as intire and absolute as in Monarchy it self there can be no Government at all It is not the limitation of Soverain Power that is the cause of a Commonwealth but such a libration or poize of Orders that there can be in the same no number of men having the interest that can have the power nor any number of men having the power that can have the interest to invade or disturb the Goverment As the Orders of Commonwealths are more approaching to or remote from this Maxim of which this of the Levellers has nothing so are they more quiet or turbulent In the Religious part only proposing a National Religion and Liberty of Conscience tho without troubling themselves much with the means they are right in the end AND for the Military part they provide THAT no man even in case of Invasion be compellable to go out of the Country where he lives if he procures another to serve in his room Which plainly intails upon this Commonwealth a fit Guard for such a Liberty even a Mercenary Army for what one dos of this kind may and will where there is no bar be don by all so every Citizen by mony procuring his man procures his Master Now if this be work of that kind which the People in like cases as those also of Rome when they instituted their Tribuns do usually make then have I good reason not only to think but to speak it audibly That to sooth up the People with an opinion of their own sufficiency in these things is not to befriend them but to feed up all hopes of Liberty to the slaughter Yet the Leveller a late * A later Pamphlet call'd XXV Querys using the Balance of Property which is fair enough refers it to Sir Thomas Smith's 15th chap. de Repub. populi ingenio accommodanda where the Author speaks not one word of Property which is very foul Pamphlet having gather'd out of Oceana the Principles by him otherwise well insinuated attributes it to the Agitators or that Assembly which fram'd this wooden Agreement of the People That then som of that Council asserted these Principles and the reason of them BVT Railery apart we are not to think it has bin for nothing that the wisest Nations have in the formation of Government as much rely'd upon the invention of som one man as upon themselves for wheras it cannot be too often inculcated that Reason consists of two parts the one Invention the other Judgment a People or an Assembly are not more eminent in point of Judgment than they are void of Invention Nor is there in this any thing at all against the sufficiency of a People in the management of a proper Form being once introduc'd tho they should never com to a perfect understanding of it For were the natural Bodys of the People such as they might commonly understand they would be as I may say wooden Bodys or such as they could not use wheras their Bodys being now such as they understand not are yet such as in the use and preservation wherof they are perfect THERE are in Models of Government things of so easy practice and yet of such difficult understanding that we must not think them even in Venice who use their Commonwealth with the greatest prudence and facility to be all or any considerable number of them such as perfectly understand the true Reason or Anatomy of that Government nor is this a presumtuous Assertion since none of those Venetians who have hitherto written of their own form have brought the truth of it to any perfect light The like perhaps and yet with due acknowlegement to LIVY might be said of the Romans The Lacedemonians had not the right understanding of their Model till about the time of ARISTOTLE it was first written Book III by DICEARCHUS one of his Scholars How egregiously our Ancestors till those foundations were broken which at length have brought us round did administer the English Government is sufficiently known Yet by one of the wisest of our Writers even my Lord VERULAM is HENRY the Seventh parallel'd with the Legislators of antient and heroic times for the institution of those very Laws which have now brought the Monarchy to utter ruin The Commonwealths upon which MACCHIAVEL in his Discourses is incomparable are not by him any one of them sufficiently explain'd or understood Much less is it to be expected from