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
Monarchy being that of one Man or of a few Men the National Religion in Monarchy may happen not to be the Religion of the major part of the People but the Result in Democracy being in the major part of the People it cannot happen but that the National Religion must be that of the major part of the People 12. THE major part of the People being in matters of Religion inable to be their own Leaders will in such cases therfore have a public leading or being debar'd of their Will in that particular are debar'd of their Liberty of Conscience 13. WHERE the major part of the People is debar'd of their Liberty by the minor there is neither Liberty of Conscience nor Democracy but Spiritual or Civil Oligarchy 14. WHERE the Major part is not debar'd of their Liberty of Chap. VI Conscience by the Minor there is a National Religion 15. NATIONAL Religion is either coercive or not coercive 16. RELIGION is not naturally subservient to any corrupt or worldly Interest for which cause to bring it into subjection to Interest it must be coercive 17. WHERE Religion is coercive or in subjection to Interest there it is not or will not long continue to be the true Religion 18. WHERE Religion is not coercive nor under subjection to any Interest there it either is or has no obstruction why it may not com to be the true Religion 19. ABSOLUTE Monarchy pretends to Infallibility in matters of Religion imploys not any that is not of its own Faith and punishes its Apostats by death without mercy 20. REGULATED Monarchy coms not much short of the same pretence but consisting of Proprietors and such as if they dissent have oftentimes the means to defend themselves it dos not therfore always attain to the exercise of the like power 21. DEMOCRACY pretends not to Infallibility but is in matters of Religion no more than a Seeker not taking away from its People their Liberty of Conscience but educating them or so many of them as shall like of it in such a manner or knowlege in Divine things as may render them best able to make use of their Liberty of Conscience which it performs by the National Religion 22. NATIONAL Religion to be such must have a National Ministry or Clergy 23. THE Clergy is either a landed or a stipendiated Clergy 24. A LANDED Clergy attaining to one third of the Territory is Aristocracy and therfore equally incompatible with absolute Monarchy and with Democracy but to regulated Monarchy for the most part is such a Supporter as in that case it may be truly enough said that NO BISHOP NO KING 25. THE Soverainty of the Prince in absolute Monarchy and of the People in Democracy admitting not of any Counterpoise in each of these the Clergy ought not to be landed the Laborer nevertheless being worthy of his hire they ought to be stipendiated 26. A CLERGY well landed is to regulated Monarchy a very great Glory and a Clergy not well stipendiated is to absolute Monarchy or to Democracy as great an Infamy 27. A CLERGY whether landed or stipendiated is either Hierarchical or Popular 28. A HIERARCHICAL Clergy is a Monarchical Ordination a Popular Clergy receives Ordination from Election by the People FORM of Government as to the Religious part being thus completed is sum'd up in the three following Aphorisms 29. ABSOLUTE Monarchy for the Religious part of the Form consists of a Hierarchical Clergy and of an Alcoran or som Book receiv'd in the nature of Scripture interpretable by the Prince only and his Clergy willingly permitting to them that are not capable of Imployments a Liberty of Conscience Ch. VII 30. REGULATED Monarchy for the Religious part of the Form consists of an Aristocratical Hierarchy of the Liturgy and of the Holy Scriptures or som such Book receiv'd for a Rule of Faith interpretable only by the Clergy not admitting Liberty of Conscience except thro mere necessity 31. DEMOCRACY for the Religious part of the Form consists of a Popular Clergy of the Scriptures or som other Book acknowleg'd divine with a Directory for the National Religion and a Council for the equal maintenance both of the National Religion and of the Liberty of Conscience CHAP. VII Of Form in the Military part 1. A MAN may perish by the Sword yet no man draws the Sword to perish but to live by it 2. SO many ways as there are of living by the Sword so many ways there are of a Militia 3. IF a Prince be Lord of the whole or of two parts in three of the whole Territory and divides it into Military Farms at will and without rent upon condition of Service at their own charge in Arms whenever he commands them it is the Sword of an absolute Monarchy 4. IF the Nobility being Lords of the whole or of two parts in three of the whole Territory let their Lands by good pennyworths to Tenants at will or by their Leases bound at their Commands by whom they live to serve in Arms upon pay it is the Sword of a regulated Monarchy 5. IN Countrys that have no Infantry or Militia of free Commoners as in France and Poland the Nobility themselves are a vast Body of Horse and the Sword of that Monarchy 6. IF a People where there neither is Lord nor Lords of the whole nor of two parts in three of the whole Territory for the common defence of their Liberty and of their Livelihood take their turns upon the Guard or in Arms it is the Sword of Democracy 7. THERE is a fourth kind of Militia or of men living more immediatly by the Sword which are Soldiers of Fortune or a mercenary Army 8. ABSOLUTE Monarchy must be very well provided with Court Guards or a mercenary Army otherwise it s Military Farmers having no bar from becoming Proprietors the Monarchy it self has no bar from changing into Democracy FORM of Government as to the Military part being thus completed is sum'd up in the three following Aphorisms 9. IN a regulated Monarchy where there is an Infantry there needs not any Mercenary Army and there the People live tolerably well 10. IN a regulated Monarchy where there is no Infantry but the Nobility themselves are a vast Body of Horse there must also be a mercenary Infantry and there the People are Peasants or Slaves Ch. VIII 11. THERE is no such thing in nature as any Monarchy whether absolute or regulated subsisting merely by a mercenary Army and without an Infantry or Cavalry planted upon the Lands of the Monarch or of his whole Nobility CHAP. VIII Of Form in the Legal part 1. IF Justice be not the Interest of a Government the Interest of that Government will be its Justice 2. LET Equity or Justice be what it will yet if a man be to judg or resolve in his own case he resolves upon his own Interest 3. EVERY Government being not obnoxious to any Superior resolves in her own case 4. THE ultimat
to complete what was wanting And if at any time they alleg'd that this Bounty had bin thrown away on ungrateful Persons he would answer with a smile that he saw they were mercenary and that they plainly sold their Gifts since they expected so great a return as Gratitude 8. HIS natural inclinations to study kept him from seeking after any publick Imployments But in the year 1646 attending out of curiosity the Commissioners appointed by Parlament to bring King CHARLES the First from Newcastle nearer to London he was by som of 'em nam'd to wait on his Majesty as a Person known to him before and ingag'd to no Party or Faction The King approv'd the Proposal yet our Author would never presume to com into his presence except in public till he was particularly commanded by the King and that he with THOMAS HERBERT created a Baronet after the Restoration of the Monarchy were made Grooms of the Bedchamber at Holmby together with JAMES MAXWELL and PATRICK MAULE afterwards Earl of Penmoore in Scotland which two only remain'd of his old Servants in that Station 9. HE had the good luck to grow very acceptable to the King who much convers'd with him about Books and Foren Countrys In his Sisters Papers I find it exprest that at the King's command he translated into English Dr. SANDERSONS Book concerning the Obligation of Oaths but ANTHONY WOOD says it was the King's own doing and that he shew'd it at different times to HARRINGTON HERBERT Dr. JUXON Dr. HAMMOND and Dr. SHELDON for their approbation However that be 't is certain he serv'd his Master with untainted fidelity without doing any thing inconsistent with the Liberty of his Country and that he made use of his Interest with his Friends in Parlament to have Matters accommodated for the satisfaction of all Partys During the Treaty in the I le of Wight he frequently warn'd the Divines of his acquaintance to take heed how far they prest the King to insist upon any thing which however it concern'd their Dignity was no essential point of Religion and that such matters driven too far wou'd infallibly ruin all the indeavors us'd for a Peace which Prophecy was prov'd too true by the Event His Majesty lov'd his company says ANTHONY WOOD and finding him to be an ingenious Man chose rather to converse with him than with others of his Chamber They had often discourses concerning Government but when they happen'd to talk of a Commonwealth the King seem'd not to indure it Here I know not which most to commend the King for trusting a Man of Republican Principles or HARRINGTON for owning his Principles while he serv'd a King 10. AFTER the King was remov'd out of the I le of Wight to Hurstcastle in Hampshire HARRINGTON was forcibly turn'd out of service because he vindicated som of his Majesty's Arguments against the Parlament Commissioners at Newport and thought his Concessions not so unsatisfactory as did som others As they were taking the King to Windsor he beg'd admittance to the Boot of the Coach that he might bid his Master farewel which being granted and he preparing to kneel the King took him by the hand and pull'd him in to him He was for three or four days permitted to stay but because he would not take an Oath against assisting or concealing the King's Escape he was not only discharg'd from his Office but also for som time detain'd in custody till Major General IRETON obtain'd his Liberty He afterwards found means to see the King at St. James's and accompany'd him on the Scaffold where or a little before he receiv'd a Token of his Majesty's Affection 11. AFTER the King's Death he was observ'd to keep much in his Library and more retir'd than usually which was by his Friends a long time attributed to Melancholy or Discontent At length when they weary'd him with their importunitys to change this sort of Life he thought fit to shew 'em at the same time their mistake and a Copy of his Oceana which he was privatly writing all that while telling 'em withal that ever since he began to examin things seriously he had principally addicted himself to the study of Civil Government as being of the highest importance to the Peace and Felicity of mankind and that he succeded at least to his own satisfaction being now convinc'd that no Government is of so accidental or arbitrary an Institution as people are wont to imagin there being in Societys natural causes producing their necessary effects as well as in the Earth or the Air. Hence he frequently argu'd that the Troubles of his time were not to be wholly attributed to wilfulness or faction neither to the misgovernment of the Prince nor the stubborness of the People but to a change in the Balance of Property which ever since HENRY the Seventh's time was daily falling into the Scale of the Commons from that of the King and the Lords as in his Book he evidently demonstrats and explains Not that hereby he approv'd either the Breaches which the King had made on the Laws or excus'd the Severity which som of the Subjects exercis'd on the King but to shew that as long as the Causes of these Disorders remain'd so long would the like Effects unavoidably follow while on the one hand a King would be always indeavoring to govern according to the example of his Predecessors when the best part of the National Property was in their own hands and consequently the greatest command of Mony and Men as one of a thousand pounds a Year can entertain more Servants or influence more Tenants than another that has but one hundred out of which he cannot allow one Valet and on the other hand he said the People would be sure to struggle for preserving the Property wherof they were in possession never failing to obtain more Privileges and to inlarge the Basis of their Liberty as often as they met with any success which they generally did in quarrels of this kind His chief aim therfore was to find out a method of preventing such Distempers or to apply the best Remedys when they happen'd to break out But as long as the Balance remain'd in this unequal state he affirm'd that no King whatsoever could keep himself easy let him never so much indeavor to please his People and that tho a good King might manage Affairs tolerably well during his life yet this did not prove the Government to be good since under a less prudent Prince it would fall to pieces again while the Orders of a well constituted State make wicked men virtuous and fools to act wisely 12. THAT Empire follows the Balance of Property whether lodg'd in one in a few or in many hands he was the first that ever made out and is a noble Discovery wherof the Honor solely belongs to him as much as those of the Circulation of the Blood of Printing of Guns of the Compass or of Optic Glasses to their several
its Orders are such as they neither would resist if they could nor could if they would as has bin partly already shewn and will appear more at large by the following Model Religious Par t ys THE Partys that are Spiritual are of more kinds than I need mention som for a National Religion and others for Liberty of Conscience with such animosity on both sides as if these two could not consist together and of which I have already sufficiently spoken to shew that indeed the one cannot well subsist without the other But they of all the rest are the most dangerous who holding that the Saints must govern go about to reduce the Commonwealth to a Party as well for the Reasons already shewn as that their Pretences are against Scripture where the Saints are commanded to submit to the Higher Powers and to be subject to the Ordinance of Man And that men pretending under the notion of Saints or Religion to Civil Power have hitherto never fail'd to dishonor that Profession the World is full of Examples wherof I shall confine my self at present only to a couple the one of Old the other of New Rome Saints IN Old Rome the Patricians or Nobility pretending to be the godly Party were question'd by the People for ingrossing all the Magistracys of that Commonwealth and had nothing to say why they did so but * Quòd nemo plebeius auspicia haberet that Magistracy requir'd a kind of Holiness which was not in the People †Plebs ad id maximâ indignatione exarsit quod auspicari tanquam invisi Diis immortalibus negarentur posse T. Liv. 4. 8. at which the People were fill'd with such Indignation as had com to cutting of Throats if the Nobility had not immediatly laid by the Insolency of that Plea which nevertheless when they had don the People for a long time after continu'd to elect no other but Patrician Magistrats THE Example of New Rome in the rise and practice of the Hierarchy too well known to require any further illustration is far more immodest THIS has bin the course of Nature and when it has pleas'd or shall please God to introduce any thing that is above the course of Nature he will as he has always don confirm it by Miracle for so in his Prophecy of the Reign of CHRIST upon Earth he expresly promises seeing that the Souls of them that were beheaded for JESUS shall be seen to live and reign with him which will be an object of Sense the rather because the rest of the Dead are not to live again till the Thousand Years be finish'd And it is not lawful for men to persuade us that a thing already is tho there be no such object of our Sense which God has told us shall not be till it be an object of our Sense THE Saintship of a People as to Government consists in the election of Magistrats fearing God and hating Covetousness and not in their confining themselves or being confin'd to men of this or that Party or Profession It consists in making the most prudent and religious choice they can yet not in trusting to Men but next God to their own Orders Give us good Men and they will make us good Laws is the Maxim of a Demagog and is thro the alteration which is commonly perceivable in men when they have power to work their own Wills exceding fallible But give us good Orders and they will make us good Men is the Maxim of a Legislator and the most infallible in the Politics BUT these Divisions however there be som good Men that look sadly on them are trivial things first as to the Civil concern because the Government wherof this Nation is capable being once seen takes in all Interests And secondly as to the Spiritual because as the pretence of Religion has always bin turbulent in broken Governments so where the Government has bin sound and steddy Religion has never shew'd it self with any other face than that of the natural Sweetness and Tranquillity nor is there any reason why it should The Errors of the People are from their Governors wherfore the Errors of the People are occasion'd by their Governors If they be doubtful of the way or wander from it it is because their Guides misled them and the Guides of the People are never so well qualify'd for leading by any Virtue of their own as by that of the Government THE Government of Oceana as it stood at the time wherof we discourse consisting of one single Council of the People exclusively of the King and the Lords was call'd a Parlament Nevertheless the Parlaments of the Teutons and of the Neustrians consisted as has bin shewn of the King Lords and Commons wherfore this under an old Name was a new thing A Parlament consisting of a single Assembly elected by the People and invested with the whole Power of the Government without any Covenants Conditions or Orders whatsoever So new a thing that neither antient nor modern Prudence can shew any avow'd Example of the like And there is scarce any thing that seems to me so strange as that wheras there was nothing more familiar with these Counsillors than to bring the Scripture to the House there should not be a Man of them that so much as offer'd to bring the House to the Scripture wherin as has bin shewn is contain'd that Original wherof all the rest of the Commonwealths seem to be Copys Certainly if LEVIATHAN who is surer of nothing than that a popular Commonwealth consists but of one Council transcrib'd his Doctrin out of this Assembly for him to except against ARISTOTLE and CICERO for writing out of their own Commonwealths was not so fair play or if the Parlament transcrib'd out of him it had bin an honor better due to MOSES But where one of them should have an Example but from the other I cannot imagin there being nothing of this kind that I can find in story but the Oligarchy of Athens the thirty Tyrants of the same and the Roman Decemvirs Lib. 8. FOR the Oligarchy THUCYDIDES tells us that it was a Senat or Council of Four hundred pretending to a Balancing Council of the People consisting of Five thousand but not producing them wherin you have the definition of an Oligarchy which is a single Council both debating and resolving dividing and chusing and what that must com to was shewn by the Example of the Girls and is apparent by the experience of all times wherfore the Thirty set up by the Lacedemonians when they had conquer'd Athens are call'd Tyrants by all Authors LEVIATHAN only excepted who will have them against all the World to have bin an Aristocracy but for what reason I cannot imagin these also as void of any Balance having bin void of that which is essential to every Commonwealth whether Aristocratical or Popular except he be pleas'd with them because that according to the Testimony
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
City which serv'd for the delight and health of it being cut down to be sold for three pence will tell you that they who did such things would never have made a Commonwealth The like may be said of the Ruin or Damage don upon our Cathedrals Ornaments in which this Nation excels all others Nor shall this ever be excus'd upon the score of Religion for tho it be true that God dwells not in Houses made with hands yet you cannot hold your Assemblys but in such Houses and these are of the best that have bin made with hands Nor is it well argu'd that they are pompous and therfore profane or less proper for Divine Service seeing the Christians in the Primitive Church chose to meet with one accord in the Temple so far were they from any inclination to pull it down THE Orders of this Commonwealth so far or near so far as they concern the Elders together with the several Speeches at the Institution which may serve for the better understanding of them as so many Commentaries being shewn I should now com from the Elders to the Youth or from the Civil Constitution of this Government to the Military but that I judg this the fittest place wherinto by the way to insert the Government of the City tho for the present but perfunctorily The Government of Emporium THE Metropolis or Capital City of Oceana is commonly call'd Emporium tho it consists of two Citys distinct as well in Name as in Government wherof the other is call'd Hiera For which cause I shall treat of each apart beginning with Emporium The City-Tribes and Wards EMPORIUM with the Libertys is under a twofold Division the one regarding the National and the other the Vrban or City Government It is divided in regard of the National Government into three Tribes and in respect of the Vrban into twenty six which for distinction sake are call'd Wards being contain'd under the three Tribes but inequally Wherfore the first Tribe containing ten Wards is call'd Scazon the second containing eight Metoche and the third containing as many Telicouta the bearing of which names in mind concerns the better understanding of the Government Wardmote EVERY Ward has her Wardmote Court or Inquest consisting of all that are of the Clothing or Liverys of Companys residing within the same The Liverys SVCH are of the Livery or Clothing as have attain'd to the dignity to wear Gowns and particolor'd Hoods or Tippets according to the Rules and antient Customs of their respective Companys The Companys A COMPANY is a Brotherhood of Tradesmen professing the same Art govern'd according to their Charter by a Master and Wardens Of these there be about sixty wherof twelve are of greater dignity than the rest that is to say the Mercers Grocers Drapers Fishmongers Goldsmiths Skinners Merchant-Taylors Haberdashers Salters Ironmongers Vintners Clothworkers which with most of the rest have common CommonHalls Halls divers of them being of antient and magnificent Structure wherin they have frequent meetings at the Summons of their Masters or Wardens for the managing and regulation of their respective Trades and Mysterys These Companys as I shall shew are the Roots of the whole Government of the City For the Liverys that reside in the same Ward meeting at the Wardmote Inquest to which it belongs to take cognizance of all sorts of Nusances and violations of the Customs and Orders of the City and to present them to the Court of Aldermen have also power to make election of two sorts of Magistrats or Officers the first of Elders or Aldermen of the Ward the second of Deputys of the same otherwise call'd Common Council men Election of Aldermen and of the Common Council men THE Wards in these Elections because they do not elect all at once but som one year and som another observe the distinction of the three Tribes for example the Scazon consisting of ten Wards makes election the first Year of ten Aldermens one in each Ward and of one hundred and fifty Deputys fifteen in each Ward all which are Triennial Magistrats or Officers that is to say are to bear their dignity for the space of three Years THE second Year the Metoche consisting of eight Wards elects eight Aldermen one in each Ward and a hundred and twenty Deputys fifteen in each Ward being also Triennial Magistrats THE third Year Telicouta consisting of a like number of Wards elects an equal number of like Magistrats for a like term So that the whole number of the Aldermen according to that of the Wards amounts to twenty six and the whole number of the Deputys to three hundred and ninety The Court of Aldermen THE Aldermen thus elected have divers Capacitys for first they are Justices of the Peace for the term and in consequence of their Election Secondly They are Presidents of the Wardmote and Governors each of that Ward wherby he was elected And last of all these Magistrats being assembled together constitute the Senat of the City otherwise call'd the Court of Aldermen but no man is capable of this Election that is not worth ten thousand Pounds This Court upon every new Election makes choice of nine Censors out of their own number The Common Council THE Deputys in like manner being assembled together constitute the Prerogative Tribe of the City otherwise call'd the Common Council by which means the Senat and the People of the City were comprehended as it were by the motion of the National Government into the same Wheel of annual triennial and perpetual Revolution The Common Hall BVT the Liverys over and above the right of these Elections by their Divisions mention'd being assembled all together at the Guild of the City constitute another Assembly call'd the Common Hall The Election of the Lord Mayor and Sherifs THE Common Hall has the right of two other Elections the one of the Lord Mayor and the other of the two Sherifs being annual Magistrats The Lord Mayor can be elected out of no other than one of the twelve Companys of the first Ranks and the Common Hall agrees by the plurality of Suffrages upon two Names which being presented to the Lord Mayor for the time being and the Court of Aldermen they elect one by their Scrutiny for so they call it tho it differs from that of the Commonwealth The Orator or Assistant to the Lord Mayor in holding of his Courts is som able Lawyer elected by the Court of Aldermen and call'd the Recorder of Emporium THE Lord Mayor being thus elected has two Capacitys one regarding the Nation and the other the City In that which regards the City he is President of the Court of Aldermen having power to assemble the same or any other Council of the City as the Common Council or Common Hall at his will and pleasure and in that which regards the Nation he is Commander in Chief of the three Tribes wherinto the City is
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
Halac San. C. 4. S. 11. should happen that in all the Holy Land there remain'd but one Presbyter that Presbyter assisted by two other Israelites might ordain the seventy or great Sanhedrim and the Sanhedrim so constituted might constitute and ordain the lesser Courts I am of opinion that were there no Presbyter in the Land yet if all the Wise Men of Israel should agree to constitute or ordain Judges they might do it lawfully enoug But if so then how coms it to pass that our Ancestors have bin so solicitous lest Judicature should fail in Israel Surely for no other cause than that from the time of the Captivity the Israelites were so dispers'd that they could not upon like occasions be brought together Now I appeal whether the clear Words of MAIMONIDES where he says that our Master MOSES ordain'd the Sanhedrim by the Chirothesia be not more clearly and strongly contradicted in this place than affirm'd in the other since acknowleging that if the People could assemble they might ordain the Sanhedrim he gives it for granted that when they did assemble they had power to ordain it and that MOSES did assemble them upon this occasion is plain in Scripture Again if the power of Ordination falls ultimatly to the People there is not a stronger argument in Nature that it is thence primarily deriv'd To conclude the Chirothesia of the Presbyterian Party in Israel is thus confess'd by the Author no otherwise necessary than thro the defect of the Chirotonia of the People which Ingenuity of the Talmudist for any thing that has yet past might be worthy the imitation of Divines IN tracking the Jews from the restitution of their Commonwealth after the Captivity to their dispersion it seems that the later Monarchy in Israel was occasion'd by the Oligarchy the Oligarchy by the Aristocracy and the Aristocracy by the Chirothesia but that this Monarchy tho erected by magnanimous and popular Princes could be no less than Tyranny deriv'd from another Principle that is the insufficiency of the balance For tho from the time of the Captivity the Jubile was no more in use yet the Virgin MARY as an Heiress is affirm'd by som to have bin marri'd to JOSEPH by virtue of this Law Every Daughter that possesses an Inheritance in any Tribe of the Children of Israel Numb 27. 8. shall be Wife to one of the Family of the Tribe of her Fathers c. By which the Popular Agrarian may be more than suspected to have bin of greater vigor than would admit of a well-balanc'd Monarchy THE second Presbytery which is now attain'd to a well balanc'd Empire in the Papacy has infinitly excel'd the pattern the Lands of Italy being most of them in the Church This if I had leisure might be track'd by the very same steps At first it consisted of the seventy Parish Priests or Presbyters of Rome now seventy Cardinals creating to themselves a High Priest or Prince of their Sanhedrim the Pope but for the Superstition wherto he has brought Religion Book II and continues by his Chirothesia to hold it a great and a Reverend Monarch establish'd upon a solid Foundation and governing by an exquisit Policy not only well balanc'd at home but deeply rooted in the greatest Monarchys of Christendom where the Clergy by virtue of their Lands are one of the three States THE Maxims of Rome are profound for there is no making use of Princes without being necessary to them nor have they any regard to that Religion which dos not regard Empire All Monarchys of the Gothic Model that is to say where the Clergy by virtue of their Lands are a third estate subsist by the Pope whose Religion creating a reverence in the People and bearing an aw upon the Prince preserves the Clergy that else being unarm'd becom a certain Prey to the King or the People and where this happens as in HENRY the Eighth down gos the Throne for so much as the Clergy loses falls out of the Monarchical into the Popular Scale Where a Clergy is a third Estate Popular Government wants Earth and can never grow but where they dy at the root a Prince may sit a while but is not safe nor is it in nature except he has a Nobility or Gentry able without a Clergy to give balance to the People that he should subsist long or peaceably For wherever a Government is sounded on an Army as in the Kings of Israel or Emperors of Rome there the saddest Tragedys under Heaven are either on the Stage or in the Tiring-house These things consider'd the Chirothesia being originally nothing else but a way of Policy excluding the People where it attains not to a balance that is sufficient for this purpose brings forth Oligarchy or Tyranny as among the Jews And where it attains to a balance sufficient to this end produces Monarchy as in the Papacy and in all Gothic Kingdoms THE Priests of Aegypt where as it is describ'd by SICULUS their Revenue came to the third part of the Realm would no question have bin exactly well fitted with the Chirothesia pretended to by modern Divines Suppose the Apostles had planted the Christian Religion in those Parts and the Priests had bin all converted I do not think that Divines will say that having alter'd their Religion they needed to have deserted their being a third Estate their overbalance to the People their Lands their Preeminence in the Government or any part of their Policy for that and I am as far from saying so as themselves ON the other side as PAUL was a Citizen of Rome let us suppose him to have bin a Citizen of Athens and about 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to constitute the Christian Religion in this Commonwealth where any Citizen might speak to the People Imagin then he should have said thus Men of Athens that which you ignorantly seek I bring to you the true Religion but to receive this you must not alter your former Belief only but your antient Customs Your Political Assemblys have bin hitherto call'd Ecclesiae this word must lose the antient sense and be no more understood but of Spiritual Consistorys and so wher as it has bin of a Popular it must henceforth be of an Aristocratical or Presbyterian signification For your Chirotonia that also must follow the same rule insomuch as on whomsoever one or more of the Aristocracy or Presbytery shall lay their hands the same is understood by virtue of that Action to be chirotoniz'd How well would this have sounded in Aegypt and how ill in Athens Certainly the Policy of the Church of CHRIST admits of more Prudence Chap. 5 and Temperament in these things Tho the Apostles being Jews themselves satisfy'd the converted Jews that were us'd to Aristocracy by retaining somwhat of their Constitutions as the Chirothesia yet when PAUL and BARNABAS com to constitute in Popular Commonwealths they are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Chirotonizing them Elders in every Congregation CHAP. V.
Jewish Sanhedrim The Providence of God in the different way of Apostolical Ordination NOW in these several ways of Ordination there is a most remarkable Sect. 5 Providence of God For wheras States and Princes in receiving of Religion are not at any point so jealous as of an incroachment upon their Power the first way of Apostolical Ordination destroys Monarchical Power the last wholly excludes the Power of the People and the second has a mixture which may be receiv'd by a Commonwealth or by a Monarchy But where it is receiv'd by a Commonwealth the imposition of hands coms to little and where it is receiv'd by a Monarchy the Election of the People coms to nothing as may be farther consider'd in the original and progress of the Conge d' Elire THE ways of Ordination or of Church Government lying thus in Scripture the not receiving of the Christian Religion is not that wherof any State or Prince thro the whole world can be any ways excusable 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 Vses of this Book TO sum up this second Book in the Uses that may be made of it Sect. 1 Certain it is of the Greec and Roman Storys that he who has not som good Idea or Notion of the Government to which they relate cannot rightly understand them If the like holds as to the Scripture Story som light may be contributed to it by this Book Again if som gifted Men happening to read it should chance to be of the same judgment it is an Argument for acquir'd Learning in that for the means of acquir'd Learning and in the means of acquir'd Learning for Universitys For how little soever this performance be had it not bin the fashion with the English Gentry in the breeding of their Sons to give them a smack of the University I should not have don so much The present use of this Book BUT letting these pass If there were Commonwealths or Governments Sect. 2 exercising Soverain Power by the Senat and the People before that of Israel as namely Gibeon If the inferior Orders and Courts in Israel as those instituted by MOSES after the advice of JETHRO a Heathen were transcrib'd out of another Government tho Heathen as namely that of Midian If the order of the Church introduc'd by CHRIST in his twelve Apostles and his seventy Disciples were after the pattern of Israel namely in the twelve Princes of the Tribes and the seventy Elders If there were three distinct ways of Ordination introduc'd by the Apostles one exactly according to the Ballot of Israel as namely in the Ordination of MATTHIAS another exactly according to the way of the Jewish Sanhedrim or Synagog as namely that of TIMOTHY and a third compos'd of these two as namely that of the Deacons Then is it a clear and undeniable result of the whole That neither GOD nor CHRIST Book II or the APOSTLES ever instituted any Government Ecclesiastical or Civil upon any other Principles than those only of Human Prudence Sect. 3 The Consequence of this Vse AN Observation of such consequence as where it has bin rightly consider'd there the truth of Religion and of Government once planted have taken root and flourish'd and where it has not bin rightly heeded there has Religion or the pretence of it bin the hook and the line and the State the prey of Impostors and false Prophets as was shewn in the hypocritical Pharises for ever stigmatiz'd by the word of Truth AND for Might let her be never so much exalted in her self let her Sword be never so dreadfully brandish'd the Government not founded upon Reason a Creature of God and the Creature of God whose undoubted right in this part is by himself undeniably avow'd and asserted is a Weapon fram'd against God and no Weapon fram'd against God shall prosper Sect. 4 A transition to the next Book THE Principles of Human Prudence and in them the Art of Lawgiving being shewn in the first Book and vindicated throout the whole course of Scripture by this second I com in the third to shew a Model of Government fram'd according to the Art thus shewn and the Principles thus vindicated THE THIRD BOOK CONTAINING A MODEL OF Popular Government Practically propos'd according to Reason confirm'd by the Scripture and agreable to the present Balance or State of Property in England The PREFACE Containing a Model of Popular Government propos'd Notionally THERE is between the Discourses of such as are commonly call'd Natural Philosophers and those of Anatomists a large difference the former are facil the latter difficult Philosophers discoursing of Elements for example that the Body of Man consists of Fire Air Earth and Water are easily both understood and credited seeing by common Experience we find the Body of Man returns to the Earth from whence it was taken A like Entertainment may befal Elements of Government as in the first of these Books they are stated But the fearful and wonderful making the admirable structure and great variety of the parts of man's Body in which the Discourses of Anatomists are altogether conversant are understood by so few that I may say they are not understood by any Certain it is that the delivery of a Model of Government which either must be of no effect or imbrace all those Muscles Nerves Arterys and Bones which are necessary to any Function of a well order'd Commonwealth is no less than political Anatomy If you com short of this your Discourse is altogether ineffectual if you com home you are not understood you may perhaps be call'd a learned Author but you are obscure and your Doctrin is impracticable Had I only suffer'd in this and not the People I should long since have left them to their humor but seeing it is they that suffer by it and not my self I will be yet Book III more a fool or they shall be yet wiser Now coms into my head what I saw long since upon an Italian Stage while the Spectators wanted Hoops for their sides A Country fellow came with an Apple in his hand to which in a strange variety of faces his Teeth were undoubtedly threaten'd when enter'd a young Anatomist brimful of his last Lesson who stopping in good time the hand of this same Country fellow would by no means suffer him to go on with so great an Enterprize till he had first nam'd and describ'd to him all the Bones Nerves and Muscles which are naturally necessary to that motion at which the good man being with admiration plainly chopfallen coms me in a third who snatching away the Apple devour'd it in the presence of them both If the People in this case wherof I am speaking were naturally so well furnish'd I had here learn'd enough to have kept silence but their eating in the political way of absolute necessity requires the
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
were a Commonwealth 7. DISTRIBUTION of shares in Land as to the three grand Interests the King the Nobility and the People must be equal or inequal 8. EQUAL distribution of Land as if one man or a few men have one half of the Territory and the People have the other half causes privation of Government and a state of Civil War for the Lord or Lords on the one side being able to assert their pretension or right to rule and the People on the other their pretension or right to Liberty that Nation can never com under any form of Government till that Question be decided and Property being not by any Law to be violated or mov'd any such Question cannot be decided but by the Sword only Chap. III 9. INEQUAL distribution of shares in Land as to the three grand Interests or the whole Land in any one of these is that which causes one of these three to be the predominant Interest 10. ALL Government is Interest and the predominant Interest gives the Matter or Foundation of the Government 11. IF one man has the whole or two parts in three of the whole Land or Territory the Interest of one man is the predominant Interest and causes absolute Monarchy 12. IF a few men have the whole or two parts in three of the whole Land or Territory the Interest of the few or of the Nobility is the predominant Interest and were there any such thing in nature would cause a pure Aristocracy 13. IT being so that pure Aristocracy or the Nobility having the whole or two parts in three of the whole Land or Territory without a Moderator or Prince to balance them is a state of War in which every one as he grows eminent or potent aspires to Monarchy and that not any Nobility can have Peace or can reign without having such a Moderator or Prince as on the one side they may balance or hold in from being absolute and on the otâ—â—r side may balance or hold them and their Factions from flying out into Arms it follows that if a few men have the whole or two parts in three of the whole Land or Territory the Interest of the Nobility being the predominant Interest must of necessity produce regulated Monarchy 14. IF the Many or the People have the whole or two parts in three of the whole Land or Territory the Interest of the Many or of the People is the predominant Interest and causes Democracy 15. A PEOPLE neither under absolute or under regulated Monarchy nor yet under Democracy are under a privation of Government CHAP. III. Of the Privation of Government 1. WHERE a People are not in a state of Civil Government but in a state of Civil War or where a People are neither under a state of Civil Government nor under a state of Civil War there the People are under Privation of Government 2. WHERE one Man not having the whole or two parts in three of the whole Land or Territory yet assumes to himself the whole Power there the People are under Privation of Government and this Privation is call'd Tyranny 3. WHERE a few Men not having the whole or about two parts in three of the whole Land or Territory yet assume to themselves the whole Power there the People are under Privation of Government and this Privation is call'd Oligarchy 4. WHERE the Many or the People not having the whole or two parts in three of the whole Land or Territory yet assume to themselves the whole Power there the People are under Privation of Government and this Privation is call'd Anarchy 5. WHERE the Tyranny the Oligarchy or the Anarchy not having in the Land or Territory such a full share as may amount to the truth of Government have nevertheless such a share in it as may Chap. IV maintain an Army there the People are under privation of Government and this Privation is a state of Civil War 6. WHERE the Tyranny the Oligarchy or the Anarchy have not any such share in the Land or Territory as may maintain an Army there the People are in privation of Government which Privation is neither a state of Civil Government nor a state of Civil War 7. WHERE the People are neither in a state of Civil Government nor in a state of Civil War there the Tyranny the Oligarchy or the Anarchy cannot stand by any force of Nature because it is void of any natural Foundation nor by any force of Arms because it is not able to maintain an Army and so must fall away of it self thro the want of a Foundation or be blown up by som tumult and in this kind of Privation the Matter or Foundation of a good orderly Government is ready and in being and there wants nothing to the perfection of the same but proper Superstructures or Form CHAP. IV. Of the Form of Government 1. THAT which gives the being the action and the denomination to a Creature or Thing is the Form of that Creature or Thing 2. THERE is in Form somthing that is not Elementary but Divine 3. THE contemplation of Form is astonishing to Man and has a kind of trouble or impulse accompanying it that exalts his Soul to God 4. AS the Form of a Man is the Image of God so the Form of a Government is the Image of Man 5. MAN is both a sensual and a philosophical Creature 6. SENSUALITY in a Man is when he is led only as are the Beasts that is no otherwise than by Appetit 7. PHILOSOPHY is the knowlege of Divine and Human Things 8. TO preserve and defend himself against Violence is natural to Man as he is a sensual Creature 9. TO have an impulse or to be rais'd upon contemplation of natural things to the Adoration or Worship of God is natural to Man as he is a Philosophical Creature 10. FORMATION of Government is the creation of a Political Creature after the Image of a Philosophical Creature or it is an infusion of the Soul or Facultys of a Man into the body of a Multitude 11. THE more the Soul or Facultys of a Man in the manner of their being infus'd into the body of a Multitude are refin'd or made incapable of Passion the more perfect is the Form of Government 12. NOT the refin'd Spirit of a Man or of som Men is a good Form of Government but a good Form of Government is the refin'd Spirit of a Nation Chap. IV 13. THE Spirit of a Nation whether refin'd or not refin'd can neither be wholly Saint nor Atheist Not Saint because the far greater part of the People is never able in matters of Religion to be their own Leaders nor Atheists because Religion is every whit as indelible a Character in man's Nature as Reason 14. LANGUAGE is not a more natural intercourse between the Soul of one man and another than Religion is between God and the Soul of a man 15. AS not this Language nor that Language but som