r^. &^ />0^ [^1 ir ^ •■ %l ■ ftl- 1 ■ lip ' , i> I !£L?-^ ^ J* J' • W/ r^-?. 5> -> PERKINS LIBRARY Uulce University Kare Dooki THE OCEANA O F James Harrington, AND HIS OTHER WORKS; Som wherof are now firfl: publifli'd from his own MANUSCRIPTS. The whole GoUeded, Methodiz'd, and Review'd^ WITH An Exad Account of his LIFE Prefix'd, By fOHN TOLAND. RESPUBLICA Resed Popfdi cum bene ac jufte geritur, five ab uno Rege, five a paucis Optimatibus, five ab univerfo Populo. Cum vero injuftus eft Rex (quem Tyrannum voco ) aut injufti Optimates ( quorum Confenfus Faftio eft ) aut in- juftus ipfe Populus (cui nomen ufitatum nullum repcrio, nifi ut iplum Tyrannum appellem) non jam vitiofa fed omnino nulla Relpublica eft, quoniam non RES eft P O P U L I cum Tyrannus earn Faftidve capeflat •, nee ipfe Populus jam Populus eft fi fit injuftus, quoniam non eft Multitude Juris confenfii & Utilitatis communionc lociata. Fragmentum Ciceronis ex lib. 3. de Republica, apud Auguftin. ^ de Civ. Dei, 1.2. c.21. Printed, and are to be fold by the Bookfellers of London and JVeftminper. M.DCC. (i) T O T H E LORD MAYOR, ALDERMEN' S H E R I F S' AND COMMON COUNCIL O F LONDON. IT is not better known to you, nnoft worthy Magiftrats, that Government is the preferving Caufe of all Societys, than thatevery Society is in a languifliing or flourifhing condition, anfwerable to the particular Conftitutioo of its Government : And if the Goodnefs of the Laws in any place be thus diftinguiflidble by the Happinels of the People, fo the Wifdom of the People is beft difcern'd by the LavA7s they have nhade, or by which they have chofen to be governed. The truth of thefe Obfervations is no where more conlpicuous than in the prefent State of th^t moft Antietit and Famous Society yoii have the honor to rule, and which reciprocally injoys the chearful influence 6f your Ad- rniniftration. 'Tis iblely to its Government that London ows. being univerfally acknowleg'd the largeft, faif- eft, richeft, and moft populous City in the World ; all which glorious Attributes could have no Foundation in Hi- ftory or Nature, if it were not likewife the moft free. 'Tis confeft indeed that it derives infinit Advantages zbove other A places u The Dedication. places from its incomparable Situation, as being an inland City, feated in the middle of a Vale no lefs delicious than healthy, and on the Banks of a Noble River, in refpedl of which ( if we regard hovv -many fcore miles it is navigable, the clearnefs and depth of its Channel, or its fmooth and even Courfe ) the Seine is but a Brook, and the celebrated T)her ic lelf a Rivulet : Yet all this could never raife it to any confiderable pitch without the ineftimable Bleffings of Li- BERtY, which haschofen her peculiar Refidence, 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 Univerfe, and is the original Planter of its many fruitful Colonys in America jWith its numberlefs Fa(5toi:ys in Europe, Afia, and Africa : hence it is that every Sea is co- ver'd with our Ships, that the very Air is fcarce exemted from our Inventions, and that all the Produdtions of Art or Na- ture are imported to this common Storehoufe of Mankind ; or rather as if the whole Variety of things wherwith the Earth is ftockt had bin principally defign'd for our profit or delight, and no more of 'em allowed to the reft of Men, than what they muft neceflarily ufe as our Purveyors or La- borers. As Liberty has elevated the native Citizens o[ Lon- don to fo high a degree of Riches and Politenefs, that for their ftateiy Hou fes , fine Equipages, and fumruous Tables, they excede the Port of (bm Foren Princes ; fo is it naturally becom every Man's Country, and the hap|)y Refuge of thofe in all Nations, who prefer the fecure injoy- ment of Life and Property to the glittering pomp and flavery, as well as to the arbitrary luft and rapine of their feveral Tyrants. To the fame Caufe is owing the Splen- dor and Magnificence of the public Stru(5tures, as Palaces, Temples, Halls, Colleges, Hofpitals, Schools, Courts of Judicature, and a great many others of all kinds, which, thofingly excel'd where the Wealth or State of any Town cannot reach further than one Building, yet, taking them all together, they are to beequal'd no where befides. The delicat Country Seats, and the large Villages crouded on all hands around it, are manifeft Indications how happily the Citizens live, and makes a Stranger apt to believe him- felf in the City before he approaches it by fom miles. Nor is it to the felicity of the prefent times that London is only in- debted ; for in all Ages, and under all Changes, it ever - fliew'd a nnoft paffionac love of Liberty, which it has not j more The Dedicatim, iii more bravely preferv'd than wifely manag'd, infufing the lame Genius into all quarters of the Land, which are in- fluencd from hence as the feveral parts of the Animal Body are duly fupply'd with Blood and Nourifiiment from the Heart. Whenever therfore the execrable defign was hatcht to inflave the Inhabitants of this Country, the firft At- temts were ftill made on the Government of the City, as there alfo the ftrongefl: and moft fuccesfiil Efforts were firft us'd to reftore Freedom : for we may remember ( to name one inftance for all) when the late King was fled, and every thing in confufion, chat then the chief Nobility and Gentry reforted to Guildhall for protcilibion, and to con- cert proper methods for (etcling the Ration hereafter on a Bafis of Liberty never to be fhaken. But what greater Demonftration can the World require concerning the Ex- cellency of our National Government, or the particular Power and Freedom of this City, than the Bank o^ Eng- land, which, like the Temple of Saturn among the Romans, is efteem d fo facred a Repofitory, that even Foreners think their Treafure more fafely lodg'd there than with them- felvesathome; and this not only don by the Subje(5ts of Abfolute Princes, where there can be no room for any Public Credit, but likewife by the Inhabitants of thofe Com- monwealths where alone fuch Banks were hitherto reputed fecure. I am the more willing to make this Remark, be- caiife the Conftitucion of our Bank is both preferable to that ot all others, and corns the neareft of any Government to ■ H A R R I N o T o Ns Model. In this refpedt a particular Com- mendation is dueto the City which produc'd fuch Perfons to whole Wifdom we ow fo beneficial an Eftablifhment : and therfore from my own fmall obfervation on Men 6v Things I fear not to prophefy, that, before the term of years be expir'd CO which the Bank is now limited, the defires of all people will gladly concur to have it render'd perpetual. Neither is it one of thelaft things on which you ought to va- lue your felves,moft worthy Cicizens,that there is fcarce a way of honoring the Deity known any where, but is either already allowd, or may be fafely exercis'd among you ; Toleration being only deny'd to immoral Practices, and the Opini- ons of Men being left as free to them as their Poffeffions, excepting only Popery, and fuch other Rites and Notions as directly tend to difturb or difTolve Society. Befides the poli- tical Advantages of Union, Wealth, and numbers of Peo- A 2 pie iv . , -r ^ . T ^^^ Dedication. 'pie which are tiie certain Confequents of this impartial Liber- Ty ''tis alfo highly congruous to the nature of true Religion ; and if any thing on Earth can be imagin'd to ingage the In- tereft of Heaven, itmuft be fpecially that which procures it the fincere and voluntary refped of Mankind. I might here difplay the Renown of the City for Military Glory, an4 recite thofe former valiant Atchievments which our Hif- torians carefully record; but I Oiould never finiftiif I in- larg'd on thofe things which I only hint, or if I would men- tion the extraordinary Privileges which London now injoys, and may likely poffefs hereafter, for which (he well deferves the name of a New (I(ome in the Weft, and, like the old one, to becom the Soverain Miftrefs of the Univerfe. THE Government of the City is fo wifely and com- pletely contrived, that Harrington made very few Al- terations in it, tho in all the other parts of our National Conftitution he fcarce left any thing as he found it. And without queftion it is a moft excellent Model. The Lord Mayor, as to the Solemnity of his Ekaion, the Magnificence of his Stare, or the Extent of his Authority, tho inferior to a ?^ upon far other Principles than A L EX A n D E rV Government which it has long outlived. The like did L I V Y without difturbance in the time of Augustus, Sir Tho- mas More in that of H e N r y the Eighth, and Macchiavel when Italy was under Princes that afforded him not the ear. If thefe and many other celebrated Men wrote not only with honor and frfety^ but even of Commonwealths under Defpotic or Tyrannical Princes, who can be fo notorioufty ftupid as to wonder that in a free Government, and under a K^ing that is both the reft or er and fupporter of the Liberty of F-urope, I fhoiid do juftice to an Author who far out dos all that went before him in ^ his exquifit knowlege of the Politics ? . THIS Liberty of writing freely, fully, and impartially, is a part of thdfe Rights which in the laft Reigns were fo barbaroufty invaded by Jiich aS had no inclination to hear of their twn enormous violations of the Laws of God and Man \ nor is it undeferving Obfervation, that juch us rdife • ■*» The Preface. t)je lofidejl Clamors again fi it »otv, are the known Enentys of Kjhg Willi a m'j Title md Per/on^ being fure that the Abdicated Kjng James can never be rcinthron'd fo long as the Prefs is open for brave and free Spirits to difplay the Mifchiefs of Tyranny in their true Color Sy and to (hew the infinit Advantages of Liberty. But pot to difmifs even fuch unreafonable People without perfect fatisfa5tion, let Vw knorv that I don't recommend a Commonwealth, but write the Hijlory of a Common- wealthfman, fairly divulging the Principles and Pretences of that Party ^ and leaving every body to approve of dijlike what he pledfes, without impo- Jing on his judgment by the deluding Arts of Sophijlry, Eloquence, or any other fpecious but unfair methods of perfuafon. Met), to the befl of their ability, ought to be ignorant of nothing ; and while they talk fo much for and a^ainjl a Commonwealth, "'tis ft they fjou''d at leaf- underjland the SubjeU of their Difcourfe, which is not every bodfs cafe. Now as H A r- R I N G T o n's Oceana is, in my Opinion, the mofiperfeB Form of Popular Government that ever was : fo this, with his other Writings, contain the Hiftory, Reafons, Nature, andEffecfs of all forts of Government, with Jb much Learning and Perjpicuity, that nothing can be more preferably read 6n fuch occaftons. LET not thofe therfore, who make no oppoftioti to the reprinting or reading of P l A t o'i Heathen Commonwealth, ridiculoufly declaim againji the better and Chrifiian Model 0/ H a r r i N G T o n ; but perufe both of ''em with as little prejudice, pajjion, or concern, as they would a Book of Tra- vels intd the Indys for their improvement and diver jion. Tet fo contra- ry are the Tempers of many to this equitable difpofition, that D i o N y S i- u s the Sicilian Tyrant, and fuch Beajis of Prey, are the worth) Exarnplei they wou'd recommend to the imitation of our Governors, tho, if they cou'd be able to perfuade ''em, they wdu*d flillmifs of their foolifh aim : for it is ever with all Books, as formerly with thofe tial Difciplin, and (what toucht him more fenfibly)a place wondqrjully flourifliing under the influence of their Liberty which they had fojlate- ly afferted, by breaking the Yoke of a fevere Mader, the 6>^»//ii^ Ty- rant. And here, no doubt, it was that he begun to makeGoitgn- ment the SubjeO: of his Meditations : for he was often heard to liiy, that, before he left England, he knew no more of Monarchy, Anarchy,! Arlftocracy, Democracy, Oligarchy, or the like, than as hard words wherof he learnt the fignification in his Dictionary. For fom months he lifted himfelf in my Lord Crave n's Regimentand Sir Robert Stone's; during which time being much at the //4!^«f, he had the opportunity of further accomplifhing himfelf in two Courts, namely riiofe of the Prince of Orange^ and tlie Queen of Bohemia, the Daugh- ter of our K, J A M ES L then a Fugitive in Holland, her Husband hav- ing bin abandon'd by his Father in Law, betray'd' by the King of Spain, and ftript of all his Territorys by the Emperor. This cxcej[- lentPrincefs entertain'd him with extraordinary favor and civility qi^ the account of his Uncle the Lord Harrington, who had bii^ her Governor; but particularly for the fake of his own Merit. The Prince Elefloralfo courted him into his Service, ingag'd him to attend him in a Journy he made to the Court of Denmark, and, alter liis re- turn from travelling, committed the chief management of all his il^ fairs in Englr.ndio his care. Nor were the young PrincelTcs lefs de- liglited vyith his Company, his Converfation being always extremely pleafant, as well as learn'd and polite ; to which good quafityS tliole unforrunaf Ladys were far from being ftrangers, as appears by the Letters of the great Philofopher Cartesius, and by liu' ot'j^i Writers of thofe times. .- 4. T HO he found many Charms inviting his longer llay in ft^l^ place, yet none were tlrong'enough to keep him from purfoihg h'is maid defign of travelling; and therlore he went next thro FUrdeh intQ france^ where having perfeded himfelf in the Language, feeri what ^' "^ defci-v'd J A M E S H A R R I N G t'O N. .deferv'd his curiofiEy, and made fuch Remarks on their Government as will beft appear in his Works, he remov'd thence Into lu/j. .It happeo'd to be then (as it is now ) the Year of '^uhilee. He alwaj;s us'd to admire the great dexterity wher\yith the Pofif]} Clergy coukl maintain their fevere Government over fo great a pai c of the World; and that Men otherwife reafonabie enough flipuld be inclianted out of -their Senfes, as well as cheated out of their Mony, by tlicfe ridiculous -Tricks of Religious Pageantry. Except the fmall refped he fliew'd .-.tothe Miracles they daily told him were perform'd in their Churches^ -Jie did in all other things behave himfelf very prudently and inoflen- -. fively. But going on a Candlemafs day with feveral other Proteftants, .f^.fee the Pope perform the Ceremony of confecrating Wax Lights; : and perceiving that none could obtain any of thofe Torches, except ilich as kift the Pope's To ( which he expos'd to 'em for that purpofe) Aho he had a great mind to one of the Lights, yet he would not accept .gtt on fo hard a condition. The refl: cf his Companions were not fo .fcrupuIous,and after their return complain'd of his fqueamiflincfs to the King ; who telling him he might have doa it only as a refpe£l to a tem- poral Prince, he prefently reply'd, that fiace he had the honor to kifs his Majefty's hand, he thought it beneath him to kifs any other Prince's foot. The King was pleas'd with his anfv/er, and did after v\'ards ad- . jijit him to be one of his Privy Chamber extraordinary, in which^qua- •, lity he attended him in his firlt Expedition againft the Scots. ,, 5. HE prefer'd K^^/te to all other places in Italy^ as lie did its Go- r.Arernment to all thofe of the whole World, it being in his Opinion im- mutable by any external or internal Caufes, and to finifli only with Mankind ; of which AfTertion you may find various proofs alleg'd in Jlis Works. Here hefurniflj'd Wmfelf with a Colleftion o4" all the iValuable Books in the lulian ha-nguzge, efpecially treating of Politics, and contrafted acquaintance with every one of whom he might receive any benefit by inftruftion or otherwife. 6. AFTER having thus feen Italy, France^ the Low Country s^ Den- mark^ and fom parts of Germany^ he return'd home into Engl^ind^ to the great joy of all his Friends and Acquaintance. But he was in a . fpecial manner the Darling of his Relations, of whom he acknowlcg'd to receive reciprocal fatisraftion. His Brothers and Sifters were now pretty well grown, which made it his next care fo to provide for each of 'em as might render 'em independent of others, and eafy to them- felves. His Brother W i l l i a m he bred to be a Merchant, in which calling he became a confiderable Man ; he was a good Architeft, and was fo much notic'd for his ingenious Contrivances, that he was re- ceiv'd a Fellow of the Royal Society. How his other Brothers were -T-difpos'd, we mention'd in the beginning of this Difcourfe. He took ^4 aU- the care of a Parent in the education of his Sifters, and wou'd him- felf make large Difcourfes to 'em concerning the Reverence that was due to Almighty God ; the benevolence they were oblig'd to fhew all mankind ; how they ought to furnifh tlieir minds with knowlege by reading of ufeful Books, and to fhew the goodnefs of their difpofi- tion by a conftant praftice of Virtue : In a word, he taught 'em the true Rules of humanity and decency, always inculcating to 'em that good Manners did not fo much confift in a fafhionable carriage (which ought not to be neglefted) as in becoming words and aftions, an ob- liging addrefs, and a modeft behavior. He treated his Mother in Law as xvi the L I F E of as if flic were his own, and made no diftinflion between her Childreft and the reft of his Brothers and Sifters ; which good Example had fucli eftecls on 'em all, that no Famfly has bin more remarkable for their mutual friendfliip. 7. HE was of a very liberal and compaffionat nature, nor could he indure to fee a Friend want any thing he might fpare ; and when the Relief that was necefTary exceded the bounds of hisEffate, he per- fuaded his Sitlers not only to contribute themfelves, but likewife to go about to the refl: of their Relations to complete what was wanting. And if at any time they alleg'd that this Bounty had bin thrown away on ungrateful Perfons, he would anfwer with a fmile that he faw they were mercenary, and that they plainly fold their Gifts fince they ex- pefted fo great a return as Gratitude. 8. HIS natural inclinations to ftudy kept him from feeking after any publick Imploymcnts. But in the year 1646, attending out of curiofity the Commiflioners appointed by Parlament to bring King Charles the Firff from Nervcufile nearer to London, he was by fom of 'em nam'd to wait on his Majefly, as a Perfon known to him before, andingag'd tonoParty or Faftion. Ihe King approvM the Propofal, yet our Author would never prefume to com into his pre- fence except in public, till he was particularly commanded by the F.ing; and that he, with ThomasHerbert (created a Baronet after the Reftoration of the Monarchy ) were made Grooms of the Bedchamber at Holmbj , 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 Siffers Papers I find it exprcfl, that at the King's command he . tranflated into Englijh Dr.S Andersons Book concerning the Obliga- tion of Oaths: but Anthony Wood fays it was the King's own doing, and that he fhew'd it at different times to Harrington, Herbert, Dr. J u x o n, Dr. Hammond, and Dr. Sheldon for their approbation. However that be, 'tis certain he ferv'd his Maffer with untainted fidelity, without doing any thing inconfiflent with the Liberty of his Country ; and that he made \\{q of his Intereft with his Friends in Parlament to have Matters accommodated for the fatisfaftion of all Partys. During the Treaty in the Ik of Wtght^ he frequently warn'd the Divines of his acquaintance to take heed how far they prefl the King to infiflupon any thing which, however itcon- cern'd their Dignity, was no effential point of Religion ; and that fuch 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. Hts Ma- jefy lov^d his company, fays Anthony Wood, and, finding him to be an ingeniota Man, chofe rather to converfe with him than ivith others of his Chamber : They had often difcourfes concerning Government ; but when they happen'd to talk of a Commonwealth, the Kjng (eem''d not to indure it. Here I know not which mofl to commend, the King for rrufl- ing a Man of Republican Principles, or H a r r i n g t o n for owning his Principles while he ferv'd a King. 10. AFTER the King was remov'd out of the lie of Wight to Hurflcaflle in Hampjhire^ Harrington was forcibly tuin'd out of fervice, becaufe he vindicated fom of his Majefty's Arguments againft James Harrington. xvii againfl; the Parlament Commiffioners at Newport, and thought hisCon- ceflions not fo unfatisfaftory as did fom others. As they were taking the King to JVindfor, he beg'd admittance to the Boot of the Coach that he might bid his Mafter farewel ; which being granted, and he preparing to kneel, tlie King took him by the hand, and puli'd him in to him. He was for three or four days permitted to ftay ; but becaufe he would not take an Oath againft affifting or concealing the King's Efcape, he was not only difcharg'd from his Office, but alfoforfom time detained in cuftody, till Major General Ireton obtain'd his Liberty. He afterwards found means to fee the King at St. James\ and accompany'd him on the Scaffold, where, or a little before, he receiv'd a Token of his Majefty's Affeftion. II. AFTER the King's Death he wasobferv'd to keep much in his Library, and more retir'd than ufually, which was by his Friends a long time attributed to Melancholy or Difcontent. At length when they weary'd him with their importunitys to change this fort of Life, he thought fit to fhew 'em at the fame time their miftake and a Copy of his Oceania, which he was privatly writing all that while: telling 'em withal, that ever fince he began to examin things ferioufly, he had principally addifted himfelf to the ftudy of Civil Government, as being of the higheft importance to the Peace and Felicity of mankind ; and that he fucceded at leafl: to his own fatisfaftion, being now convinc'd that no Government is of fo accidental or arbitrary an Inftitution as people are wont to imagin, there being in Societys natural caufes producing their neceifary eftefts, 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 wilfulnefsor faftion, neither to the mifgovernment of the Prince, nor the ftubbornefs of the People ; but to a change in the Balance of Property, which ever fince 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 demonftrats and explains. . Not that hereby he approv'd cither the Breaches which the King had made on the Laws, or excus'd the Severity which fom of the Subjefts exercis'd on the King ; but to fhew that as long as the Caufes of thefe Diforders remain'd, fo long would the like Efrcfls unavoidably follow; while on the one hand a King would be always indeavoring to govern according to the example of his PredecefTors when the beft part of the National Property wasin their own hands, and confequently the greateft command of Mony and Men, as one of a thoufand pounds a Year can entertain more Servants,or influ- ence more Tenants, than another that has but one hundred, out of which he cannot allow one Valet ; and on the other hand he faid, the People would be fure to ftruggle for preferving the Property wherof they were in poffeffion, never failing to obtain more Privileges, and toinlarge the Bafis of their Liberty, as often as they met with any fuc- cefs ( which they generally did ) in quarrels of this kind. His chief aim therfore was to find out a method of preventing fuch Diftempers, or to apply the befl: Remedys when they happen'd to break out. But as long as the Balance remain'd in this unequal ftate, he affirm'd that no King whatfoever could keep himfelf eafy, let him never fo mudi in- deavor to pleafe his People ; and that tho a good King might manage Affairs tolerably well during his life, yet this did not prove the Go- vernment to be good, fince under a lefs prudent Prince it would fall to b pieces xviii The LIFE of ^~^' pieces again, while the Orders of a well conftituted State make wick- " ed men virtuous, and fools to aft wifely. 12. THAT Empire follows the Balance of Property^ whether lodg'd in one, in a few, or in many hands, he was the firft that ever made out ; and is a noble Difcovery, wherof the Honor folely be- longs to him, as much as thofe of the Circulation of the Blood, of Printing, of Guns, of the Compafs, or of Optic Glaffes, to their feverai Authors.' 'Tis incredible to think what grofs and numberlefs Errors were committed by all the Writers before him, even by the beft of them, for want of underftanding this plain Truth, which is the foun- dation of all Politics. He no fooner difcours'd publicly of this new DoQ:rin, being a man of univerfal acquaintance, but it ingag'd all forts of people to bufy themfelves about it as they were varioufly affefl:- ed. Som, becaufe they underftood him, defpis'd it, alleging it was plain to every man's capacity, as if his higheft merit did not confift in making it fo. Others, and thofe in number the feweft, difputed with him a- bout it, merely to be better informed ; with which he was well pleas'd, as reckoning a pertinent Objeftion of greater advantage to the difcovery of Truth (which was his aim) than a complaifant applaufe or ap- probation. But a third fort, of which there never wants in all places a numerous company, did out of pure envy ftrive all they could to leffen or defame him ; and one of *em ( fince they could not find any precedent Writer out of whofe Works they might make him a Plagia- ry ) did indeavor, after a very fingular manner, to rob him of the Glory of this Invention : for our Author having friendly lent him a part of his Papers, he publifh'd a fmall piece to the fame purpofe, in- titl'd, A Letter from an Officer of the Army /» Ireland, &c. Major W I L D M A N was then reputed the Author by fom, and Henry N E V I L by others ; which latter, by reafon of this thing, and his great intimacy with Harrington, was by his detraftors re- ported to be the Author of his Works, or that at leafi: he had a principal hand in the compofing of them. Notwithflanding which provocations, fo true was he to the Friendfhip he profeft to Ne- V I L and W 1 L D M A M, that he avoided all harfli Expreflions or public Cenfures on this occafion, contenting himfelf with the Juftice which the World was foon oblig'd to yield to him by reafon of his other Writings, where no fuch clubbing of Brains could be reafonably fufpe£led. 15. BUT the publication of his Book met with greater diiBcultys from the oppofition of the feverai Partys then fet againft one another ,and all againft him ; but none more than fom of thofe who pretended to be for a Commonwealth, which was the fpecious name und^r which tiiey cover'd.the rankeft Tyranny of O l 1 v e r Cromwel, while Harrington, like Paul at Athens^ indeavor'd to make known to the People what they ignorantly ador'd. By fhewing that a Commonwealth was a Government of La ws, and not of the Sword, he could not but deteft the violent adminiftratjon of the ProteQor by hisBafhaws, Intendants,or Majors General, which created him no fmall danger : while the Cavaliers on the other fide tax'd him with Ingrati- tude to the memory of the late King, and prefer'd the Monarchy e- ven of a Ufurper to the beft ordcr'd Commonwealth. To thefe he an- fwer'd,that it was enough for him to forbear publilhing his Sentiments during J AMES Harrington. xijt cjuring that King's life ; but the Monarchy being now quite diffolv'dj and the Nation in a ftate of Anarchy, or ( what was worfe ) groan- ing under a horrid Ufurpation, he was not only at liberty, but even oblig'd as a good Citizen to offer a helping hand to his Countrymen, and to fhew 'em fuch a Model of Government as he thought moft con- ducing to their Tranquillity, Wealth, and Power : That the Cavaliers ought of all People to be beft pleas'd with him, fince if his Model fucceded, they were fure to injoy equal Privileges with others, and fo be deliver'd from their prefent Oppreffion ; for in a well conftituted Commonwealth there can be no diftin£tion of Partys, the paflagc to Preferment is open to Merit in all perfons, and no honeft man can be uneafy : but that if the Prince fhould happen to be reftor'd, his Doc- trin of the Balance would be a light to jQaew him what and with whom he had to do, and fo either to mend or avoid the Mifcarriages of his Father ; fince all that is faid of this doftrinmay as well be accommo- dated to a Monarchy regulated by Laws, as to a Democracy or more popular form of a Commonwealth. He us'd to add on fuch occafions another reafon of writing this Model, which was, That if it fhould 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 deftroy'd by the rage of fom mercilefs Conqueror, they might not be then left to their own Invention in framing a new Government ; for few People can 4)6 expefted to fuccede fo happily as the Venetians have don in fuch a cafe. 14. I N the mean time it was known to fom of the Courtiers, that 'the Book was a printing ; wherupon, after hunting it from onePrefs ato another, they feiz'd their Prey at laft, and convey'd it to Whitehall. .All the follicitations he could make were not able to retrieve his Papers, -till he remember'd that Oliver's favqrit Daughter, the Lady -'Clay POLE, afted the part of a Princefs very naturally, obliging '^11 perfons with her civility, and frequently interceding for the un- -happy. To this Lady, tho an abfolute ftranger to him, he thought fit to make his application ; and being led into her Antichamber, hefent in his Name, with his humble requeft that flie would admit him to herprefence. While he attended, fom of her Women coming into the room were follow'd by her little Daughter about three years old, whoftaid behind them. He entertain'd the Child fo divertingly, that fhe fuffer'd him to take her up in his arms till her Mother came; wherupon he ftepping towards her, and fetting the Child down at her -feet, faid, Madam, 'tis well you are com at this nick of time, or I had certainly ftollen this pretty little Lady: Stollen her, reply'd the Mother ! pray, what to do with her ? for {he is yet too young to be- : com your Miftrefs. Madam, faid he, tho her Charms affureherof.a 'more confiderable Conqueft, yet I muft confefs it is not love but re- venge that promted me to commit this theft. Lord, anfwer'd the Lady '. «gain, what injury have I don you that you fhould fteal my Child ? None at all, reply'd he, but that you might be induc'd to prevail with your Father to do me juftice, by reftoring my Child that he has ftol- len. But fhe urging it was impoflible, becaufe her Father had Children enough of his own ; he told her at laft it was the iflue of his bra,in which was mifreprefented to the Proteftor, and taken out of the Prefs by his order. She immediatly proniis'd to procure it for him, if it containM nothing prejudicial to her Father's Government ; and he af- •fup'dher it was only a kind of a Political Romance, fo far from any b 2 Treafon 36^ vi^ The LIF E of ^h\ Treafoti again ft her Father, that he hop'd flie would acquaint hit^i that lie defign'd to dedicat it to him, and promis'd that (he her felt riiould he prcfented with one of the firft: Copys. The Lady was fo well pleas'd with his manner of Addrefs, that he had his Book fpeedU ly reftoi 'd to him ; and he did accordingly infcribe it to O l i v e r; Cromwel, who, after the perufal of it, faid, the Gentleman iud like to trapan him out of his Power, but that what he got by the Sword he would not quit for a little paper Shot : adding in his ufual cant, that he approvM the Government of a fingle Perfon as little as dny of 'em, but that he was forc'd to take upon him the Office of a High Gonftable, to preferve the Peace among the fcveral Pattys in the Na^ tion, fince he faw that being left to themfelves, they would never agree to any certain form of Government, and would only fpend their whole Power in defeating the Defigns, or deftroying the Perfons of one another. 15. BUT nothing in the world could better difcover Crom- wel's Diflimulation than this Speech, fince Harrington had demonftrated in his Book, that no Commonwealth could be fo eafily or perfeftly eftablifli'd as one by a fole Legiflator, it being in his power (it he were a man of good Invention himfelf, or had a good Model propos'd to him by others) to fet up a Government in the whole piece at once, and in pcrfedion ; but an Aifembly, being of better Judgment than Invention, generally make patching work in forming a Government, and arc whole Ages about that which is fel- dom or never brought by 'cm to any perfeftion : but is commonly ru* in'd by the way, leaving the nobleft Attemts under reproach, and the Authors of 'em expos'd to the greateft dangers while they live, and to a certain infamy when dead. Wherfore the wifelt Af- femblys, in mending or making a Government, have piteh'd upon a fole Legiflator, whofe Model they could rightly approve, tho not fo well digeft ; as Muficians can play in confort, and judg of an Air that is laid before them, tho to invent a part of Mufic they could never a- gree, nor fuccede fo happily as one Perfon. If Cromwel thei fore had meant as he fpoke, no man had ever fuch an opportunity of refor- ming what was amifs in the old Government, or fetting up one wholly new, either according to the Plan of Oceam, or any other. This would have made him indeed a Hero fuperior in lafting fame to Solon, Lycurgus, Zaleucus, and Charon das; and render his Glory far more refplendent,his Security greater, and his Renoun more durable than all the Pomp of his ill acquir'd Greatnefs could afford ; wheras on the contrary he liv'd in continual fears of thofe he had inflav'd, dy'd abbor'd as a monftrous betrayer of thofe Libertyswith which he wasintrufted by his Country,and hisPofterity not poiTcffing a foot of what for their only fakes he was generally thought to ufurp. But this laft is a miftaken Notion,ft>r fom ot the molt notorious Tyrants liv'd and dy'd without any hopes of Children ; which is a good reafon why no mortal ought to be trufted with too much Power on that fcore. Lycurgus and Andrew Doria, who, when it was in their power to continue Princes, chofe rather to be the founders of their Countrys Liberty, will be celebrated for their Vir- tue thro the courfe of all Ages, and their very Names convey the higheft Ideas of Godlike Generofity; while Julius Casar, OLivER.CR.OMWEi ■ Kjrtg ]om <:^^i' Panurgus Henry VIL siudi io Parthenia Queen Elizabeth. '^jiiafio^Scandians • Danes. Yilf>i3ii3^Teutons Saxons. iioni arh Turbo W i l l i a m /^e Conqaerori f bid v/ , iiVierulatnius Lord Chancellor Bacon. :bum 003 .; ., . , . - ■' vi 7. THE Book confifts of Preliminary s divided into two parts, and - a third Seftion call'd the Council of Legijlators ; then follows the Model of the Commonwealth, or the body of the Book ; and laftly corns the Corollary or Conclufion. The Preliminary Difcourfes contain the ^ Principles, Generation, and Effefts of all Governments, whether Mo- ^ narchical, Ariftocratical, or Popular, and their feveral Corruptions, as •i^^^s Tyranny^ iixxii -^<^*^ 'T'he LlP E of V Tyranny, Oligarchy, and Anarchy, with all the good or bad mixtures that naturally refult from them. But the firft part dos in a more par- ticular manner treat of antient Prudence, or that genius of Government which moft prevail'd in the world till the time of J u l i u s C ^ s a r. None can confult a more certain Oracle that would conceive the nature of Foren or Domeftic Empire ; the Balance of Land or Mony ; Arms or Contrafts ; Magiftracy and Judicatures ; Agrarian Laws ; Elections by the Ballot ; Rotation of Officers, with a great many fuch heads, e- fpecially the inconveniences and preeminences of each kind of Govern- ment, or the true comparifon of 'em all together. Thefe Subjefts have bin generally treated diftinftly, and every one of them feems to require a Volum ; yet I am of opinion that in this Ihort Difcourfe there is a more full and clearer account of them, than can be eafily found elfwhere : at leaft I muft own to have receiv'd greater fatisfaftion here than in all my reading before, and the fame thing has bin frankly own'd to me by others. 18. THE fecond part of the Prellminarys treats of modern Pru- dence, or that genius of Government which has mofl: obtain'd in the world fince the expiration of the Romm Liberty, particularly the Go- thic Conftitution, beginning with the inundation of the barbarous Nor- thern Nations over the Roman Ernpire. In this Difcourfe there is a ve- ry clear account of the Englijb Governnient under the Romans, Saxons^ Danes yzxy^ Normans ^iiW the foundations of it were cunningly undermin'd by H E N R Y VIL terribly fhaken by H e n r v VIIL and utterly ruin'd under Charles L Here he muft read who in a little compafs would completely underftand the antient Feuds and Tenures, the original and degrees of our Nobility, with the inferior Orders of the reft of the Peo- ple: under the 54jco;/^, what was meant by Ealdorman, or Earls; King's Thane ; middle Thane or Vavafors ; their Shircmoors, Sherifs, and Vifcounts ; their Halymoots, Weidenagemoots, and fuch others. Here likewife one may learn to underftand the Baronage of the Nor- mansy as the Barons by their Polfeflions, by Writ, or by Letters Pa- tent ; with many other particulars which give an infight into the fprings and management of the Barons Wars, fo frequent and famous in our Annals. The reft of this Difcourfe is fpent in fhewing the natural Caufes of the diffolution of the Norman Monarchy under Charles the Firft, and the generation of the Commonwealth, or rather the Anarchy that fucceded. 19. NEXT follows the Council of Legiflators : for Harring- ton being about to give the moft perfeft Model of Government, he madehimfelf mafter of all the Antient and Modern Politicians, that he might as well imitat whatever was excellent or prafticable in them, as his care was to avoid all things which were imprafticable or inconvenient. Thefe were the jufteft meafures that could poflibly be taken by any body, whether he defign'd to be rightly inform'd, and fufficiently furnilh'd with the beft materials; or whether he would have his Model meet with an eafy reception : for fince his own Senti- ments (tho never fo true) werefureto be rejeSed as privat Specu- lations or imprafticable Chimeras, this was the readieftway to make 'em pafs currently, as both authorized by the wifeftnMen in all Nati- ons, and as what in all tiriies afnd places had^bin praftis'd with fUccefs. To this end therfore he introduces, under feign'd names, nine Legif- ''lators, Who pcrfe€Hy Undcrft'ood' the- Several GbVehmients they wfere * appointed James HarIiington. xxiii appointed to reprefent. The Province of the fii'ft was the Common- wealth of Ifrael; that of the fecond, Athens ; of the third, Sparta ; of the fourth, Carthage ; of the fifth, the AchaMS^ j/EtoUans^ and Ly- ciins ', of the fixth, Rome ; of the feventh, Venice ; of the eighth^ Switzerland ; and of the ninth, Holland. Out of the Exctellencys of all thefe, fupply'd with the Fruits of his own invention, he fram'd the Model of his Off/z^rf ; and indeed he fhews himfelf in that work fo throly vers'd in their feveral Hiftorys and Conftitutions, that to any man who would rightly underfland them, I could not eafily recom- mend a more proper Teacher : for here they are diffeded and laid open to all Capacity s, their Perfedions applauded, their Inconveniencys ex- pos'd, and parallels frequently made between 'em no lefs entertaining than ufeful. Nor are the Antient and Modern Eaftern or European Monarchys forgot, but exhibited with all their Advantages and Cor- ruptions, without the leaft diflimulation or partiality. 20. A S for the Model, I Qall fay nothing of it in particular, as well becaufe I would not foreftal the picafureof the Reader, as by rea- fon an Abridgment of it is once or twice made by himfelf, and inferted among his Works. The method he obferves is to lay down his Orders or Laws in fo many pofitive Propofitions, to each of which he fubjoins an explanatory Difcourfe ; and if there be occafion, adds a Speech fup- pos'd to be deliver'd by the Lord A r c h o n, or fom of the Legifla- tors. Thefe Speeches are extraordinary fine, contain a world of good Learning and Obfervation, and are perpetual Commentarys on his Laws. In the Corollary, which is the conclufion of the whole Work, he fhews how the laft hand was put to his Commonwealth ; which we muft not imagin to treat only of the Form of the Senat and Affemblys of the People, or the manner of waging War and governing in Peace. It contains befides, the Difciplin of a National Religion, and the fecurity of a Liberty of Confcience; a Form of Government for Scotland, for Ireland, and the other Provinces of the Commonwealth ; Governments for London and Wefintinjler, proportionably to which the other Corporations of the Nation are to be model'd ; Direftions for the incouraging of Trade ; Laws for regulating Academys ; and mofi excellent Rules for the Education of our Youth, as well to the Wars or the Sea, to Manufactures or Husbandry, as to Law, Phyfic, or Di- vinity, and chiefly to the breeding and true figure of accomphfih'd Gentlemen : There are admirable Orders for reforming the Stage ; the number, choice, and bufinefs of the Officers of State and the Reve- nue, with all forts of Officers ; and an exafl: account both of their Sa- larys, and the ordinary yearly charge of the whole Commonwealth, w'hich for two rarely confident 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 anfwer to thofe who imagin that there can be no Diftinclions or Degrees, neither Nobility nor Gentry in a Democracy, being led into diis miftake, becaufe they ignorantly think all Commonwealths to be conftituted alike ; when, if they were but never fo little vei-s'd in Hif- tory, 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 refpeft dos the Commonwealth of Oceana com any thing behind them ; for, as Harrington fays very truly, an Army nmy as mil confifi of Soldiers without Officers, or cf Officers. o vK v; -M O T D V. I ;? T A H Z3 M A r XXiv t,^v^.^^6^')o?y-:r>nne- L I F E of (b) Officers without Soldiers, as a Commomvealph (efpecially fuch a one m is ciu fable of Greatnefs) conftfi of a. People without a Gentry, or of a Genttj without a People. So much may fuffice for underftanding the fcope of this Book : I fliall only add, that none ought to be offended with, afevvod terms in it, fuch as the Prime Magnitude, the Pillar of AV-Vi Im, the Galaxy, and the Tropic of Magiftrats, fince the Author exr-'^ plains what he means by 'em, and that any other may call 'em by'' what more fignificative names he pleafes ; for the things themfely^is. , are abfolutely necefTary. ' ^.'^"' 21. NO fooner did this Treatife appear in public, but itwasgree-, dily bought up, and becom the fubjeft of all mens difcourfc. The':*^ firft that made exceptions to it was Dr. Henry Ferne, afterwards [ Bifhop of Chefter- The Lady A s h t o n prefented him with one of''' the Books, and defir'd his opinion of it, which he quickly fent in fudh a manner as fhew'd he did not approve of the Doftrin, the he treated' the Perfon and his Learning with due refpeft. To this Letter a reply was made, and fom Querys fent along with it by Har- rington, to every one of which a diftinft Anfwer was return'd by the Doftor ; which being again confuted by H a r r i n g t o n, he publifh'd the whole in the year i6 56, under the title of Pian Piano, or an Inter courfe betiveen H. F E r N E DoSior in Divinity , and James Harrington Efq) upon occafion of the DoBor^s Cenfnre of the Commonwealth of Oceana. 'Tis a Treatife of little importance, and contains nothing but what he has much better difcours'd in his an- fwers to other Antagonifts, which is the reafon that I give the Reader no more trouble about it. 22. THE next that WTOte againft Oceana was Matthew W R E N, eldeft Son to the Bifhop of Ely. His Book was intitl'd Conf derations, and reftrain'd only tothefirfl: part of the Preliminarys. . To this our Author publifh'd an anfwer in the firft Book of his Preroga- tive of Popular Government, where he inlarges, explains, and vindi- cats his Aflertlons. How inequal this Combat was, and after what manner he treated his Adverfary, I leave the Reader to judg ; only mindinghim that as Wren was one of the Virtuofi who met at Dr. WiL Ki Ns's (the Seminary of the now Royal Society) Harrington jokingly faid. That they had an excellent faculty of magnifpng a Loufe, and dimimfjing a Commonwealth . But the Subjefts he handles on this occafion are very curious, and reduc'd to the twelve following Queftions. (i.) WHETHER Prudence (or the Politics) be well diftin- guifh'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 Govern- ment of fom men or a {tm men, and not of Laws ? (^.) WHETHER the Balance of Dominion in Land be the na- tural caufe of Empire ? (4.) WHETHER the Balance of Empire be well divided into National and Provincial ? and whether thefe two, or any Nations tliat are of a diftinft Balance, coming to depend on one and the fame head, fuch a mixture creates a new Balance ? (5.) WHETHER there be any common Right or Intereft of Mankind diftinft from the Intereft of the parts taken feveraily ? and how by the orders of a Commonwealth this may beft be diftinguifh'd from privat Intereft ? ' ^ (6.) W H E- James Harrington. xxv (6.) WHETHER the Senatufconfalta, or Decrees of the Roman Senat, had the power of Laws ? (7.) WHETHER the Ten Commandments, proposed by God or Mos E s, were voted and paft into Laws by the People of Jfrael ? (8.) WHETHERa Commonwea]th,coming up to the perfeftion of the Kind, corns not up to the perfection of Government, and has no flaw in it ? that is, whether the beft Commonwealth be not the beft Government ? (9.) WHETHER Monarchy, coming up to the perfedion of the Kind, coms not fhort of the perfection of Government, and has not fom flaw in it ? that is, whether the beft Monarchy be not the worft Government ? Under this head are alfo expiain'd the Balance of Jv-rfwe, the Original of a Landed Clergy, Arms, and their feveral kinds. (10.) WHETHER any Commonwealth, that was not firft bro- ken or divided by it felf, was ever conquer'd by any Monarch ? where he fhews that none ever were, and that the greateft Monarchys have bin broken by very fmall Commonwealths. (11.) WHETHER there be not an Jgraria»j or fom Law or Laws to fupply the defefts of it, in every Commonwealth ? Whether the AgrxrUn, as it is ftated in Oceana,^ be not equal and fatisfaQory to all Interefts or Partys ? (-12.) WHETHERa Rotation,or Courfes and Turns,be necelTa- ry to a welorderM Commonwealth ? In which is contain'd the Parem- hole or Courfes of Jfrael before the Captivity, together with an Epitome of the Commonwealth of Athens, as alfo another of the Common- wealth of Venice. 25. THE fecondBookof the Prerogative of Popular Government chiefly concerns Ordination in the Chriftian Church, and the Orders of the Commonwealth of 7/r4e/,againft the opinions of Dr. Hammond, Dr. Seaman, and the Authors they follow. His Difpute with thefe learned Perfons (the one of the Epifcopal, and the other of the Presby- terian Communion ) is comprehended in five Chapters. (i.) THE firft, explaining the words C^/rtf^oaz^ and Chirothefiay paraphraftically relates the Story of the Perambulation made by the Apoftles Paul and Barnabas thro the Ckys o( Lycaonia, Pift- diay &c. (2.) THE fecond (lie ws that thofe City s, ormoftof 'em were at the time of this Perambulation under Popular Government ; in which is alfo contain'd the whole Adminiftration of a Roman Province. (5.) THE third fhews the deduction of the C/^/Vo/o^w, or holding up of hands, from Popular Government, and that the original of Or- dination is from this cuftom : in which is alfo contain'd the Inftitution of the Sanhedrim or Senat of Ifrael by Moses, and of that of Rome by Romulus. (4.) THE fourth fhews the dedu£tion of the Chirothefia, or the laying on of hands, from Monarchical or Ariftocratical Government, and fo the fecond way of Ordination procedes from this cuftom : here is alfo declar'd how the Commonwealth of the Jews ftood after the Captivity. (5.) THE fifth debates whether the C hirotonia us'd in theCitys mention'd was (as is pretended by Dr. Hammond, Dr. S e a m a n, and the Authors they follow ) the fame with the Chirothefia, or a far c different xxvi The L 1 F £ of different tiling. In which are contained the divers kinds of Church Government introduc'd and exercis'd in th.e age of the Apoftles. By thefe heads we may perceive that a great deal of ufeful Learning is con- tained in this Book ; and queftionlefs he makes thofeSubjeds more plain and intelligible than any Writer I ever yet confulted. 24. AGAINST Oceana chiefly did Richard Baxteb; write his Ho/y Commonwealth^ of which cur Author made fo flight that he vouchfaf'd no other anfwer to it but half a fheet of Cant and Ridicule. It dos not appear that he raiPd at all the Minijlers as a parcel of Fools a»d KjtAves. But the reft of B a x t e r's complaint feems bet- ter grounded, as that Harrington maintain'd neither he nor any Mintjiers underfiood at all xvhat Polity tvas, but f rated againjt they knerr> not ivhat, 8f c. This made him pahlifh his Holy Commomvcahh in anfwer ?o H A r r i n g t o n'j Heathenijb Commonwealth ; in which, adds he, J plead the Caufe of Monarchy as better than Democracy or Artflocra- cy\ an odd way of modelling a Commonwealth. And yet the Roya- lifts were fo far from thinking his Book for their fervice, that in the year 1683 it was by a Decree of the Univerfity of Oxford condemnM to be publicly burnt, which Sentence was accordingly executed upon it, in company with fom of the Books ofHoBEES, Milton, and others ; wheras no cenfure paft on H a r r i n g t o n's Oceana, or the reft of his Works. As for Divines meddling with Politics, he has in the former part of the Preliminarys to Omw/tdeliver'd his Opinion, That there is fomthing frjl in the making of a Commonwealth, then in the go- 'verning ofit, and lafi of all in the leading of its Armys^ which (tho there be great Divines^ great Lawyer s^ great Men in all Profeffions) feems to be pec a liar only to the genius of a Gentleman : for it is plain in the univerfal feries of flory, that if any man founded a Commonwealth^ he was frfi a, Gentleman ; the truth of which AlTertion he proves from Moses downwards. 25. BEING much importun'd from all hands to publifh an Abridgment of his Oceana, he confented at length ; and fo, in the year 1659, was printed \ns Art of Lawgiving ( or of Legifladon ) in three Books. The firft, which treats of the Foundations and Superflru£iures of all ki/ids of Government, isanabftraftof his Preliminarys to the Oceana: and the third Book, fhewing a Model of Popular Government fitted to the prefent State or Balance of this Nation, is an exafl Epitome of his Oceana^ with fliort Difcourfes explaining the Propofitions. By the way, the Pamphlet called the Rota is nothing elfe but thefe Propofitions without the Difcourfes, and therfore to avoid a needlefs repetition not printed among his Works. The fecond Book between thefe two, is a full Ac- count of the Commonwealth (?/'Ifrael, with all the variations it underwent. Without this Book it is plainly impolTible to underftand that admirable Government concerning which no Author wrote common fcnfe before Harrington, who was perfuaded to complete this Treatife by fuch as obferv'd his judicious Remarks on the fame Subjefl: in his other Writings. To the Art of Lawgiving is annex'd a fmall DifTertation, or a Word concerning a Houfe of Peers, which to abridg were to tranfcribe. 26. IN the fame year, 1659, Wren coms out with another Book caird Monarchy ajferted, in vindication of his Confiderations. If he could not prefs hard on our Author's Reafonings, he was refolv'd to overbear him with impertinence and calumny, treating him neither with the refpeft due to a Gentleman, nor the fair dealing becoming an inge- James Harrington. xxvli ingenuous Adverfary, but on the contrary with the utmoft Chicanefy- and Infolence, The ]eaft thing to be admir'd is, that he would needs' make the Univerfity a Party againft him, and bring the heavy weight" of the Church's difpleafure on his (holders : for as corrupt Minifters flile themfelves the Government, by which Artifice they oblige better men to fupprefs their Complaints, for fear of having their Loyalty fufpefted ; fo every ignorant Pedant that affronts a Gentleman, is pre- fently a Learned Univerfity ; or if he is but in Deacons Orders, he's * fordiwith transform'd into the Catholic Church, and it becoms Sacri- <■ lege to touch him. But as great Bodys no lefs than privat Perfons, * grow wifer by Experience, and com to a clearer difcernment of their true Intereft : fo I believe that neither the Church nor Univerfitys will benowfo ready to efpoufe the Quarrels of thofe, who, under pre- tence of ferving them, ingage in Difputes they no ways underftand, wherby all the difcredit redounds to their Patrons, themfelves beinc^ too mean to fuft'er any diminution of Honor. Harrington was hot likewifc lefs blamable in being provok'd to fuch a degree by this pitiful Libel, as made him forget his natural charafter of gravity and greatnefs of mind. Were not the belt of men fubjeft to their pe- culiar weaknelfes, he had never written fuch a Farce as his Politicajierj or Comical Dljcourfe in anfwer to Mr. Wren. It relates little or no- thing to the Argument, which was not fo much amifs, confidering the ignorance of his Antagonift: but it is of fo very fmall merit, tliati would not infert it among his other Works, as a piece not capable to infl:ru£l or pleafe'any man now alive. I have not omitted his Anflver to Dr. S T u B B E concerning a feleci Senat, as being fo little worth ; but ^s being only a repetition of what he has much better and more am- ply treated in fom of his other pieces. Now we muft note that upon the firft appearance of his Oceana this St u e b e was fo great an admi- rer of him, that, in his Preface to the Good Old Caafe, he fays he would inlarge in his fraife, did he not think himfelf too inconfiderable to add any thing to thofe Jpplaufes ivhich the underjlanding part of the World rntifi be- jtorv upon him, and which, tho Eloquence fljould turn Panegwifl he not only merits hut tranfcends. 27. OTHER Treatifes of his, which are omitted for the fame reafon, are, i. A Difcourfe upon this Saying : The Spirit of the N -it ion is not yet to be trujfed with Liberty, lefi it introduce Monarchy^ or invade- the Liberty ofConfcience ; which Propofition he difapprov'd. 2. A Dif- courfe fherving that the Spirit of Parlaments, with a Council in the inter- •vals, is not to be trufied for a Settlement, lefi it introduce Monarchy, and. Terfecution for Conscience . ^. A Parallel of the fpirit of the People ivith\ the fpirit of Mr. Rogers, with an Appeal to the Reader whether the^ fpirit of the People, or the Jpirit of men like Mr. Rogers be the ftter to be trufied with the Government. This Ro g ers was an Anabap- tift, a feditious Enthufiaft, or fifthmonarchy man. 4. Pour enclouer le canon, or the nailing of the Enemy s Artillery. 5. The fumbling block of Difobedience and Rebellion y cunningly imputed by Peter He vein to Calvin, remov'd in a Letter to the faid P. H. who wrote a lon^ Anfwer to it in the third part of his Letter combat. 'Tis obvious by the bare perufal of the I'itles, that thefe are but Pamphlets folely cal- , culated for that time ; and it certainly argues a mighty want of Judg- ment in thofe Editors who make no diftindlion between the elaborat Works which an Author intended for univerfal benefit, and his more "c c 2 flight xxviii ^rr^The L I F E of fligtit or temporary Compofitions, which were written to ferve a pre- fent turn, and becom afterwards not only ufelefs, but many times not intelligible. Of this nature are the Pieces I now mention'd : all their good things are much better treated in his other Books, and the perfo- nal Reflexions are ( as I faid before ) neither inftruftive nor divert- ing. On this occafion I muft fignify, that tho the Hiftory I wrote of M I L T o n's Life be prefix'd to his Works, yet I had no hand in the Edition of thofe Volumes ; or otherwife his Logic, his Grammar, and the like, had notincreas'd the bulk or price of his other ufeful Pieces Our Author tranflated into Eng/ijb Verfe fom of FiygiPs Ec/ogs, and about fix Books of his JEneids; which, with his Epigrams, and other Poetical Conceits, are neither worthy of him.nor the light.' 2I S O M other fmall Books he wrote which are more deferv- ing, and therfore tranfmitted to Pofterity with his greater Works ; namely, i. Valerms and PublicoUy or^ the true form of a Popular Commonmalth, a Dialog. 2. Political Jphorifms, in number 120. ^. Seven Models of a Commonwealth^ Ant tent and Modern ; or brief Di~ reaions jfjewing how a fit and prfeB Model of Popular Govermnent may he made^ found, or underftood. Thefe are all the Commonwealths ill the World for their kinds, tho not for their number. 4. The Ways and means wherhy an equal and lafling Commonwealth may he fuddenly in- troduced and prfeaiy founded, with the free confent and aBual confir- mation of the whole People of England. 5. There is added, The Peti- tion of divers well affeBed Per/ons, drawn up by Harrington and contammg the Abftraft of his Oceana ; but prefented to the Houfe of Commons by Henry Nevil the 6th of July 16 kq to which a fatisfaftory anfwer was return'd, but nothintr don 6 Be fides all thefe, finding his Doftrin of Eleftions by Balloting not Co well underftood as could be defir'd, he publifliM on one fide of a large Iheet of Paper, his ufe and manner of the Ballot, with a copper Cut in the middle reprefenting fuchan Eleftioninthe great Allemblyof the Commonwealth : but 'tis now inferted in its proper place in the body ot Ueeana. Mott of thefe contain Abridgments of his Model adap- ted to the various Circumftances and Occurrences of thofe times- but containing hkevvife fom Materials peculiar to themfelves, and for that reafon thought fit to be printed a fecond time. He did not write the Grounds and Reafons of Monarchy exemplify d in the Scotifli Line (which Book IS prefix'd to his Works ) but one Jo h n Hall born in the City of Durham, educated at Cambridge and a Student of' Grays Inn Being commanded by the Council of State (of whom he had a yearly Penfion) to attend Oliver into 6V^//W, it occafion'd him to pubhfi] that Piece. He wrote feveral other things in Profe and his A ^"^^y^^^^°^^^^^^'asfu" thirty, lamented as a Prodigy of 29. HARRINGTON having thus exhaufted all that could be written on this Subjeft, he likewife indeavoi'd to promote his Caufe by public difcourfes at a nightly meeting of feveral curious Gentlemen in the New Palace Tard ^tWejtmmfler. This Club was call'd the Rota of which I fhall give a Ihort account fi-omANTHONvWooD who mortally hated all Republicans, and was as much prejudic'd in favor of either/ide. Their Difcourfes about Government, fays L and of or- ■ . dering a Commonwealth, were the moft ingenious and fmart that * " ever J AMES Ha r r I n g to n. *""x& " ever were heard ; for the Arguments in the Parlament houfe were " but flat to thofe. This Gang had a balloting Box, and balloted how " things fliould be carry 'd by way of EiTay ; which not being us'd or '' known in EngUnd before on this account, the room was every even- " ing very full. Befides our Author and H. N e v i l, who were the " prime men of this Club, were Cyriac Skinner, Major " W I L D M A N, Major Venner, Charles Wolsley after- *' wards knighted, Roger Coke the Author of the Detection of " the four Ufl Reigns^ William Poultney afterwards made *' a Knight, John Aubry, Maximilian Petty, and Dr. *' Petty who was afterwards Sir Willi am. Sir John Hos- *' K Y N s, and a great many others, fom wherof are ftill Hving. ^ " The Dodrin was very taking, and the more becaufe, as to human " forefight, tliere was no poflibility of the King's return. The great- " eft ot the Parlamentmen hated this Rotation and Balloting, as being " againft their Power. Eight or ten were for it, of which xiumber " H. Ne V I L was one, who propos'd it to the Houfe, and made it " out to the Members, that, except they imbrac'd that fort of Govern- *' ment, they muft be ruin'd. The Model of it was, that the third " part of the Senat or Houfe fhould rote out by Ballot every year " (not capable of being elefted again for three years to com) fo that " every ninth year the Senat would be wholly alter'd. No Magi- " ftrat was to continue above three years, and all to be chofen by tiie " Ballot, than which nothing could be invented more fair and impar- *' tial, as 'twas then thought, tho oppos'd by many for feveral rea- " fons. This Club of Commonwealthfmen lafted till about the 2\fi " of Feb. 1659, at which time the fecluded Members being reftor'd " by General George Monk, all their Models vanifh'd. 50. WHEN the whole matter is duly confider'd, it's impoflible a Commonwealth fhould have fucceded in Ef^gUnd at that time, fince Cromwel, who alone had the Power, yet wanted the Will to fet it up. 1 hey were comparatively but very few that entertain'd fuch a Defign from the beginning of the Troubles ; and, as it ufually happens, a great part of thefe did afterwards defer t their Principles, being feduc'd by the Honors and Preferments wherby they were re- tain'd in the Service of the reigning Powers. The body of the Peo- ple were either exafperated on a religious account, only to obtain that Liberty which they afterwards mutually deny'd each other, or by the change of the Balance they grew weary of Monarchy, and did not know it. The Republicans indeed made an advantage of their Dif- contents to deftroy the eftablifh'd Government, without acquainting 'em with their real Defigns ; and when this was effeftually don, the People ( who had no fettl'd Form in their view, and thought all things fafe by the Viclory they had gain'd over the King and the Church ) fell in with what was firfl ofter'd by thofe in whqm they confided, and would as well have accepted a better Government if they had bin ma- nag'd by men of honeft and public Defigns. But the Multitude can feel, tho they cannot fee. Inftead of injoying their defir'd Liberty, they Toon found themfelves under a moft heavy Yoke, which they na- ttirally labor'd to fliakeoff; and yet in all the changes then made, two things were remarkable, that every one of 'em would be ftil'd a Commonwealth, and yet none of 'em would mend or take warning b^^tl^e Errors of thofe that preceded, but ftill continu'd to abufe the .J3y3 " Nation, ^•m^ -'^^ The LIFE of '^ ,^,^,^ •Nation, and unnaturally to ingrofs the Government into a few handiT ^7 he People being all this while told they were under a Common- wealth, and not being able to fee thro the deceit, begun to think them- ielves miftaken in the choice they had made, fince their lullerings under thcfe pretended Commonwealths were infinitly greater than what in- duc'd'emto dilTolve the/ormer Monarchy. In this condition thefeve-' ral Pariys might (as Harrington us'd to fay) be fitly compar'd to a company of Puppydogs in a bag, where finding themfelves uneafy for want of room, every one of 'em bites the tail or foot oi tf.e next, fuppofing that to be the caufe of his mifery. By this means whatever was faid againfl: a Commonwealth obtain'd ready beJieJ, as, that it is the moft- feditious fort of Government, and that inftcad ot one Ty- rant there are a great many who inrich themfelves by fiying intolera- ble l^xes on others. All this and much more the People in England. then e)?ptrienc'd, and therfore detefting their new Commonwealth, they relfor'd the old Monarchy. But to do all Governments the |u- rflice due from an impartial Hiftorian, they never had a Common- wealth, but were interchangeably under Anarchy, Tyranny, and Oli- garchy, to which Commonwealths have ever bin the greateft ene- ■mys, and have frequently lent their voluntary affiifance to deliver other Nations from the like oppreffions. Thus the People of Eng- latid came to hate the name of a Commonwealth, without loving their Liberty the lefs. ^ I . B U T to return whence we digrefs'd : Our AutIior,not concern'd inthecxceflive fears and hopes of thofe that favor'd or oppos'd the Rettoration of C h ar l t s the Second, continu'd to live in a peace- able manner at his one houfe, demeaning himfelf as became a perfon blindly ingag'd to no Party or Faftions. But tho his Life was retir'd. It was not lolitary, being frequented with people of all forts, fomwith a malicious defign to fifli fomthing to his prejudice, and others to gain advantage to themfelves by his learned Converfation, or to put him upon fomthing towards the better fettlement of the Kingdom. Amonc^ thefe there was an eminent Royalift who prevail'd with him to draw up fom Inftruftions for the King's fervice, wlierby he might be inabi'd to govern with fatisfaftion to the People and fafety to himfelf: which being perform'd and fign'd with his one hand, his Friend after fliewing it to feveral of the Courtiers, found they did not approve a Scheme thar was not likely to further their felfifh Defigns. At laft he put his Paper into the hands of a great Minifler about the King ; and how well our Author was rewarded for his good Intentions, we are now going to re- late. About this time he was bufy in reducing his Politics into fhort ^nA t^{y Jphortfms, yet methodically digefted in their natural order, and futed to the moff vulgar capacitys. Of this he made no fecret, and freely communicated his Papers to all that vifited him. WhUe he y/as putting the laft hand to this Syftem, and as an innocent man apprch€;n».- five of no danger, he was by an Order from the King, on the ^^th^. December 1661, feiz'd by Sir William Poultnev and others," and committed to the Tower of London for treafonable Defigns and; Pradices. He had the written flieets of his Aphorifms then lying loofe on the table before him, and underftanding they intended to carry -em to the Council, he begM the favor that he might ftitch'em together;, which was granted, and fo remov'd with fom other Papers to W7;/>e- haU: I have that Manufcript now in my hands, and another Copy .;.-'a of J AMES H A R R: I N G t O N. tX^l oFthe fame which was given me by oneof his acquaintance, from both which I have printed it among the reft of his Works. It is a complete Sjftem of Politics, and difcovers the true Springs of the rife, temper, and diflblution ol all forts of Governments, in a very brief and perfpi- cuous manner. 32. HE had no time given him to take leave of anybody, but was ftiaight convey'd to the Tower, where none were allow'd to com to his fight or fpeech. His Sifters were inconfolable, and the more fo, the lefs they knew what was laid to their Brother's charge. One of them, who on another occafion had experienc'd the King's favor, threw her felf now at his feet, and petition'd him to have compaffion on her Brother, who thro a great miftake was fallen under his Majefty's difpleafure: for as fhe was fure that none of his Subjeds exceded his Loyalty, fo his Majefty might fee he was not the man they defign'd, fince the Warrant was for Sir James Harrington, wheras her Brother was never honor'd with fuch a Title by his Majefty's Anceftors, and he would not have accepted it from Oliver. To this the King made anfwer, that tho they might be miftakenin his Title, he doubted he might be found more guilty of the Crimes alleg'd againft him, than he wifh'd any Brother of hers to be. Then fhe prefs'd he might be examin'd before his Majefty, or be brought to a fpeedy trial. Shortly after my Lord Lauderdale, Sir George Carteret, and Sir Edward Walker were fentto the Tower to queftion him about a Plot which, they faid, he had contriv'd againft his Majefty's Perfon and Govern- ment. At this he was extraordinarily reviv'd, not being able to divine before the caufe of his Confinement, and knowing himfelf wholly in- nocent of this Charge. He found means to tranfmit a Copy of his Ex- amination, to his Sifters, giving 'em leave to publifh it, which was never hitherto don, and is as follows. 33. THE Examhmtion of James Harrington, ta- ken m the Tomr of London by the Earl of Lauder- dale, Sir George Carteret, md Sir E d- Ward Walker. LORD Lauderdale. Sir, I have heretofore accounted ic an honor to be your Kinfman, but am now lorry to fee you upon this occafion ; very forry I allure you. HARRINGTON. My Lord, feeing this is an occafion, lam glad to fee you upon this occafion. Which faid, the Commiflioners fat down; and Mr. Harring.to n ftanding before my Lord, he began in this manner : Lord. SIR, the King thinks it ftrange that you, who have fo emi- nently appeared in Principles contrary to his Majefty's Government, and the Laws of this Nation, fhould ever fince he came over live fo quiet and unmolefted, and yet fhould be fo ungrateful. Were you difturbM ? were you fo much as aftronted, that you fhould enter into fuch defperat praftices ? Hat. M Y Lord, wl^n I know why this is faid, I fhall know what to %. Lord, ^^ii The LIFE of , Lord. W^ELL then, without any longer preamble, will you an- fwer me ingenuoufly, and as you are a Gentleman, to-what I have to pfopofe? Har. MY Lord, I value the afleveration (as I am a, Gentleman) as high as any man, but think it an affeveration too low upon this oc- cafion ; wherfore, with your leave, I fhall make ufe of fom greater afleveration. _ Lord. FOR that do as you fee good : do you know Mr. W i * b- MAN ? ' ' Vt" Har. M Y Lord, I have fom acquaintance with him. "'^^^ Lord, WHEN did you fee him ? ' '^'^ Har, M Y Lord, he and I have not bin in one houfe together thefe \wo years, ^ "^l^ Lord. WILL you fay fo ? ■'^«"» Hdr. YE S, lily Lord. Lord, W H E R E did you fee him laft ? Har. ABOUT a year ago I met him in a ftreet that gos to Drury- lane. Lord. DID you go into no houfe ? Har. N O, my Lord. Sir G. C/tr/trer. T H A T*s ftrange ! Lord. COM, this will do you no good : Had not you, in March laft, meetings with him in Bowfireet in Coventgardm ? where there were about twenty more of you; where you made a Speech about half an hour long, that they fliould lay by diftinguifhing Names, and betake themfelves together into one Work, which was to dilTolv? this ParJament, and bring in a new one, or the old one again. Was not this meeting adjourn'dfrom thence to the Mill Bank ? were not you there alfo? ' , Har. M Y Lord, you rpay think, if thefe things be true, I have no refuge but to the merpy of God and of the King. ' :[. Lord. TRUE. _. "|'^ Har. WELL.thpn, n>y Lord, folemnly and deliberatly, with tny eys to Heaven, I renounce the mercy of God and the King, if any of this be true, or if ever I thought or heard of this till now that you tell it me. ' Sir G.C. THIS is ftrange! Lord. DO you know Barebones? v,<^^ Har. YES, my Lord. 7iCl,rJ Lord. W H E xV did you fee him ? > : ^ '^ Har. I THINK that I have call'd at his houfe or fhop^hri^e in my life. ; ^V- Lord. HAD you never any meetings with him fince.^]|e-^ing came-over? . ^ "^^^ SirG.L. THIS is ftrange! ^' r^^yi ?uil Lor^. DO you know Mr. Nevi L? -'s^ //4r. VERY well, my Lord. \, Lord. WHEN did you fee him ? , , :^ Har. M Y Lord, I feldom us'd to vifit him ; but when hiwa^in Town, he us'd to fee me at my houfe every evening, as duly almofi: as the day went over his head. - . , ? V * '■ Lord. J^^fES HARRlNGtON. XXXtll i.ori. WERE you not with him at fom public meeting ? _ , Hat. M Y Lord, the publickeft meeting I have bin with him at* was at dinner at his own lodging, where I met Sir B e r n a r d Gas- coin, and I think Col. Leg. Sir Eiw. Wdker. THEY were good fafe company. Lord.. WHAT time was it ? Hir, I N Venifon time I am fure, for we had a good Venifon pafty, Lonl. DO you know one Portman? Hxr. N O, my Lord, I never heard of his name before. SirG.C. THIS is ftrange! Lori. COM, deal ingenuoufly, you had better confcfs the thingSo Hur. M Y Lord, you do not look upon me ( for I faw 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 Meffengers of Death. LorA, I S that a fmall matter ? (at which my Lord gave a fhrug.) Hxr. IF I be a Malefaftor, I am no old Malefaftor: why am not I bale "^ why do not I tremble ? why dos not my tongue falter ? why have you not taken me tripping ? My Lord, thefe are unavoidable fymtoms of guilt. Do you find any fuch thing in me ? Lord. N ( which he fpoke with a kind of amazement) and then added, I have faid all that I think I have to fay. Hir. M Y Lord, but I have not* ^^ Jl^ord. COM then. ^ Har. THIS plainly is a pradicc, a wicked praftice, 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 efcap'd you. Now, my Lord, confider if this be a practice, what kind of perfons you are that are thus far made inftrumental in the hands of wicked men. Nay, whither will wickednefs go ? Is not the King's Authority ( which fliould be facred ) made inftrumental .<* My Lord, for your own fake, the King's fake, for the Lord's fake, let fuch Vil- lanys be found out and punilh'd. At this my Lord Lauderdale, as was thought fomwhatoutof countenance, rofe up j and fumbling with his hand upon the Table, faid; Lord. WHY if it be as you fay, they deferve punifhment enough, but otherwife look it will com feverely upon you. Hur. M Y Lord, I accepted of that condition before. Lord. COM, Mr. Vice-Chamberlain, it is late. H/ir. M Y Lord, now if I might I could anfwer the Preamble. Lord. COMj fay; and fo he fat down again. Har. M Y Lord, in the Preamble you charge me with being emi- nent in Principles contrary to the King's Government, and the Laws of this Nation. Som, my Lord, have aggravated this, faying, thzt I being A friuat man have bin fo mad as to meddle with Politics : what had a fnvat man to do with Government ? My Lord, there is not any public Perfon, not any Magiftrat, 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, asmyfelf There is Plato, there is Aristotle, thereisLivYj thereis Macchi a vel. My Lord, I can fum up A r i s t o t l ^'i Politics in a very few words ; d h Wifp nnpnf tlip ''"^ iand from him defcend.d mv Ladv bon, -Sir {c)Me^rji toon to W te Oneot the pretchavil's Father, my Lady Monjon, and •^oheirsot rrrfw^ ^^4r, oneof hisMajelty s myLord F.jM/^»/s Lady. ■Privy Council in Ireland. The ■^d Son, W Afterwards Baronet: To him were James (d) Harrington £fq; had to Wife torn Sir £^w^r^ /:/ot£Co», S,\t Sapmes '^r \t « /^„u • f r> / .c ^ rr nmrrtngton. SiX\a Mr:. John HMrtneton\v\!ha ?^^ ^^, y^'n P^^""' °^ P^obertSapotes Efq. had IfTue both Sons and Daughters ' vThe eldeft Daughter, Eltzabetb, was mar- (0 Who was Father to the Lord Monta- ricd to Sir Edward {e) Montague Kt. The ^"'^■> the Earl of Ahndiefter., and Lord Privy Ud, prances, to Sir WtlUam (f) Lee Kt. The S,L '^'f ^'' ffp {^'fW^ ,^^'ho was \j AT \ .^ n / ^v :. J cr afterwards created Earl of S.w^ir.c,';i and to ^d,Margaretj to Don (g) Bonitto de Stjnores xht Earl oi Rutland's Lady, and Judg Mon- of Sfain, of the Family ot the Dukes of taguc. Frantafquo. The Ath. K^atherine, to Sir //^, ^^^ ^^s afterwards created Lord £w.^c*,D,.».^K, The 5M M.j '^t^^'^^^vi£:*z^:t:Ti, to bir Edward (/) li ingpeld Kt. 1 he 6th, SontbaMon, by whom he had the prefent Maball, to Siv Jndrew\k^ l\oelll\l. The Eady North„mbcrla?/d. And his ether -jth, Sarah, was marry'd to the Lord Ha{h Daughter marry'd her felf to Col. nikrs, L„l \3^\J.^r\.^x: }i.c LJ .■ ! -Tu Md \s now Governds to the Lady Afarv pigs, Heir to the Earl of Huntingdon. 1 he the Duke of York's eldeft Daughter. \6th, Theodofia, (J) to tlie Lord D//<;% of (g) Which Dukedom afterwards fell to Dadify Caftle. fi^i and by this Lady he had one lole Daughter and Heir, who is faid to have --PTTT' r c- cv 1 » marry'd the Cuke of Ferio.. and by him to .v.. l,Hh lame Sir James and Lucy were have had one Daughter, who is marry'd to »iimarry'd fifty years: She died firli, in the a King of /"om/^j/. viii7a=>own Piety to Pofterity, hath ereded and C"'^'^ oi Lauderdale. T^ie other Daughter '^dedicated this Mnnnmpnr rn rhpit- prprra! of my lady -D////0' was Heir to the honour aeaicaiea tnis Monument to tneu eternal ^^ ^.W/q- Caflle ^ of -whofe iniie by the Memory. ;4»S0ifSf: , Mother's fide is the prefect Lord D/^^/fj. " e ' " " ' 'Tu xlii The LIFE of The Mechanics of Nature : o R An Imperfect Treatife written byjAMEsH/vRRiNGTON during his ficknefs, to prove againft his Dodors that the Notions he had of his own Diftemper were not, as they alleg'd, Hypocondriac Whimfys or Delirious Fancys. The Preface. HAVING bin about nine months^ fom fay in a Difeafey I in a, Carey I have bin the wonder of PhyfieianSy and they mine ; not but that fve might have bin reconciPdy for Books (I grant J if they keep clofe to Nature mufi be good onesy but I deny that Nature ts bound to Books. I am no ftudfd Naturalifi, having long fmce given over that Philofbphy as infcrutable and incertain : for thus I thought with my fe/f; " Nature, to " whom it is given to work as it were under her Veil or behind the Curtain, " is the Art of God : now if there be Arts of Men who have wrought open- *' ly enough to the understanding (for example that o/' Ti T i a n ) ne- *' verthelefs whofe excellency I jhall never reach'. How fiiall I thus, flicking ^* in the Bark at the Arts of Men, be able to look thence to the Roots, or *' dive into the Abyfs of things in the Art of God ? And neverthelefs, Si placidum caput undis extulerit, fljould Nature afford me a fight of hery J do not think fo meanly of my felf but that 1 would know her as foon as arto- ther, tho more leayrPd man. Laying therfore Arts wholly y and Books atmofi allafdey I Jhall truly deliver to the world how I felt and faw Nature ; that is, howjhe came frji into my fenfes, and by the fenfes into my underftand- ing. Tetfor the fake of my Readers, and alfofor my own,I mufi invert the orderofmyDifcourfe; For theirs, becaufe, till I can fpeak to men that have had the fame Sen/at ions with my felf J mufi fpeak to fach as have a like under fi&nding with others : For my own, becaufe, being like in this Dif- courfe to be the Monky that play* d at Chefs with his Mafier, I have need offom Cujhion on my head, that being in all I have fpoken hitherto more laid at than my Reafon. My Difcourfe then is toconfifi of two parts : thefrfiy in which I appeal to his under fiariding who will ufe his Reafon, is a Flat form of Nature drawn out in certain Aphorifms ; and the fecond, in which I jhall appeal to his fenjes who in a Di/eafe very common will make further trialy is a Narrative of my Cafe. A Platform or Scheme of Kature. I. "V TAT U R E is the Fiat, the Breath, and in the whole Sphere of X\| her aftivity the very Word of God. 2. S H E is a Spirit, that fame Spirit of God which in the begin- ning mov'd upon the Waters, his plaftic Virtue, the aui-k/jus vi Bixz^ao.- 5. S H E is the Providence of God in his Government of the things of this world, even that Providence of which it is faid, that without it a Sparrow cannot fall to the ground, Mat. 10, 29. * 4. SHE, James Harrington. 4. SHE is the Anima. Mundiy or Soul of the World ; Principo Cerium, ac Terras ^ campofque liquentes Lucentemque globum Luna^ Titanuque aCtra SpiRiTus intm alit, totamque emifa per art us Mens agitat mokm^ & magno fe corpore mifcet. Jnde hominum pecudumque genm^ vitaque 'voUntum Et qu£ marmoreo fert monjira fub xquore ponttts. ' Ignem eji o/lis 'vigor, & cceleftis Origo Seminibus, quantum non noxia corpora tardant Terrenique bebetant artm^ tnoribundaque membra. Hincmetuunt, cupiuntque, dolent, gaudentque^ neque auras Difpiciunt claufe tenebris & carcere caco. Virgil.^n 1 6 5. SHE is infallible: for the Law of an infallible Lawgiver tnuft needs be infallible, and Nature is the Law as well as the Art of God 6. THO Nature be not fallible, yet fhe is limited, and can do no- thing above her matter ; therfore no Miracles are to be expe£led from her. 7. AS Defers, Redundancys, or fuch other rude qualitys of matter, ought not to be attributed to the Artificer or his Art • fo nei- ther is Nature,or the Art of God, to be charg'd with Monfters or imper- feftions, the things fo reputed being the regular Effefts both of the Matter and the Art that forms it. 8. NATURE isnotonlyaSpirit, but isfurnifh'd, or rather fur- nifhes her felf with innumerable minifterial Spirits, by which fhe ope- rats on her whole matter, as the Univerfe ; or on the feparat parts as man's Body. ' 9. THESE minifterial Spirits are certain ^Ethereal Particles in- vifibly mixM with elementary Matter ; they work ordinarily unfeen or unfeit, and may be call'd Animal Spirits. 10. AS in found Body s there muft needs be GOOD SPIRITS managing theOeconomy of Health ; foinunfound Bodies, as in chro- nical Difeafes, there muft needs be EVIL SPIRITS managino- the Oeconomy of Diftempers. ° 11. ANIMAL Spirits, whether in the Univerfe, or in man's Bo- dy, are good or evil Spirits, according to the Matter wherin and wherof they are generated. 12. WHAT is a good Spirit to one Creature, is evil to another as the food of fom Beafts is poifon to man ; whence the gentlenefs of the Dove, and the fiercencfs of the Hauk. 1^. BETWEEN the Animal Spirits of the whole or Univerfe and of the parts, as of man's Body, there is an intercourfe or coopera- tion which preferves the common order of Nature unfeen ; and in fom things often foretels or difcovers it, which is what we call Prefaoes Stgnsj and Prodigys. '^ 14. T H E work of good Spirits, as Health for example, is felici- tous, and as it were Angelical ; and that of evil Spirits, as in Difeafes is noxious, and as it were diabolical, a fort of fafcination or witchcraft. 15. ALL Fermentation is cans'd by unlocking, unbinding, or let- ting loofe of Spirits ; as all Attenuation is occafion'd by ftirring, work- ing, or provoking of Spirits ; and all Tranfpiration by the emiffion or fending abroad of Spirits. 16. NOTHING in Nature is annihilated or loft, and therfore whatever is tranfpir'd, is receiv'd and put to fom ufe by the Spirits of the Univerfe. 1 7. SC: ARCE xliji xliv The LI F E, &c. 17. SCARCE any man butatfom time or other has felt fuch a motion as Country people call the Lifeh/ood ; if in his Ey, perhaps there has flown out fomthing hke a dusky cloud, which is a tranfpira- tion or emiflion of Spirits ; perhaps as it were a flafh of Fire, which alfo was an emiflion of Spirits, but differenc'd according to the matter wherin and wherof they were wrought, as Choler, &c. 18. ANIMAL Spirits are ordinarily emitted flrreaking them- felves into various figures, anfwerable to little arms or hands, by which they work out the matter by Tranfpiration, no otherwife than they unlock'd it, and wrought it up in the body by attenuation, that is, by manufacture : for thefe operations are perfeftly mechanical, and down- right handy work as any in our Iliops or workhoufes. 19. I F we find Nature in her operations not only ufing hands, but likewife fomthing analogous to any Art, Tool, Engin, or Inftrument which we have or ufe, it cannot be faid that Nature had thefe things of men, becaufe we know that men muft have thefe things of Nature. 20. I N Attenuation and Tranfpiration, where the matter of the Difeafe is not only copious but inveterat, the Work will not as I may fay be inarticulat, as in the trembling call'd the Lifeblood ; but articu- lat, and obvioufiy fo to the fenfe of the Patient by immediat fl:rokes of the Humor upon his Organs, which fomtimes may be ftrong enough (tho not ordinarily ) to reach anothers. 21. NATURE can work no otherwife than as God taught her, nor any man than as fhe taught him. 22. WHEN I fee a curious piece from the hands of an Appren- tice, I cannot imagin that his Mafter was a bungler, or that he wrought not after the fame manner as his Servant learn'd of him ; which I apply to God and Nature. 2^. PHYSICIANS fomtimes take the P a u d e n c e of Nature for the P H R E N s Y of the Patient. 24. I F any man can Ihew why thefe things are not thus, or that they may be otherwife, then I have don, and there is faid in this pare already more than enough ; but if they can neither fhew that thefe things are not thus, nor know how they fhould be otherwife, then fo far I ftand my ground, and am now arm'd for my Narrative Cap a fc. ''T IS a thoufand fitjs that we have not this Narrative^to ivhich no doubt he apply d thefe Principles, and thence fomPd the Jlate of his Di- Jiemper. But the Manufcrtpt containing no more, rve may however evidently conclude that the Writer of it was not fo greatly diforder''d in his thoughts, which are for the mofl part very jujl, and all as clofe and coherent as any man^s. E R R AT Jl. Preface. Page 8. line 2. for too, read two. Life. P. 21. To the other words there explain'd add HemifM the River Trent, and Alma the Palace of St. James. Works. P. 5. 1,32. t.opac. P. 35. I, ii. {. Ajfertors, r. AJfertrefs. P. 48. 1. 5. r. thm to. P, 54. I. II. r. Lyclans. P. ic6. 1. 17. i.TarentHm. P. 107. 1. zS. t. My Lords, other, r. My Lord's other. P. 1 10. 1. 19. r. Brokage. P. 267. 1. 37. f. foi- foning, r. potfwg. THE Grounds and Reafons O F MONARCHY Confider^d - And Exemplify *d in the Scotlfli Line^ out of their own beft Authors and Records. B THE PREFACE. THE RE is nothing thut h^s more confounded. Kjiowlege amon? men, than the reciprocal fiolences of the Vnderflmding and the Will ; or, to fpeak plainly, the Pafflon of the one and Blindnefs of the other : Since fom by chance or tnterefi take up principles which they force the Vnderfianding by flrain'd Arguments to maintain ; others by the habit of jom Opinion fo bewitch the Will into con- federacy, that they can never quit it, even after confutation. To remedy this Diforder, fmce I had refolv'd with my felf to fay fomthing to this Point (which tho it be but as a fmall Wyre,yet the great weight oj civil Fe- licity lys upon it) I knew no better Method than to take the Scales from the Eys of the Under (landing, and to jhcw the Will how better to bring about her great Dejign of Good. And in the profecution of this, I would not skirmijf} with every Argument, which had bin a thing of immenfe Jlavery, and not for every Ey ; but I chafe rather to fir ike at the Foundations, that the Vnderjlanding might lofe its Faffion, and more freely conjider upon xvhat Quickfands they lay. And in this I needed not to be pofnive, becaufe 1 undertake a Task in which mofl Men are commonly fuccesful, that is, to fupport Error rather than to ajfert Truth. Hence I confider IQngJhip f'mply, not troubling my felf to maintain any other Form, or to conjider Oaths, Ends, Changes of Government, or the particular Neciffity or ReH' fons of Safety : they being diJlinB Cdnfiderations and Subjects by thim- felves. Now if this negative Method fatisfys not, 1 fee nofuch great caufe to he difcourag^d ; for, I confefs, I do not perceive it fo eafy a thing to difcover an Error ; and I had rather tell a Man he was out of the way, than by en^ deavoring to bring him to the end of his Journy, lead him further about. And it is my opinion, that as Scepticifm is not only ufelefs, but dangerous ; if in fetting our Thoughts in a poflure of Defence, it makes tts abfolutely wavering and incredulous : yet had I rather be fceptical in sny Opinion, than maintain it upon grounds taken upon trujl, and not demonjtrated. THE Second Part is merely an injlance accommodated to the Arguments of the Firji, wherin I would not be underflood to be a Writer of an Epi- tome (for I have other Imployments for my Time and Thoughts, and thofe •nobler too) but to fet down a true Series by way of Example ; and therfore 1 was only to note Acceffes to Government, and Receffes from it, with the Effe£is preceding from the Perfons of Governors. And here as I needed not much trouble Chronology : So left it might be a bare Sceleton, I fprink" led fom Obfervations that came to hand, and feem to afford either Plea' fure or Vfe. Thus much, left J might be mijunderjlood, I thought neceffary to premife. THE THE Grounds and Reafons o F MONARCHY- The Firjl fart, 1HAVE often thought it ftrange, that among all the Govern- ments, either paft or prefent, the Momrchicd fhould fo far in Extent and Number excede the Popular, as that they could never yet com into comparifon. I could never be perfuaded but it was more happy for a People to be difposM of by a number of Perfons joint- ly intererted and concern'd with them, than to be number'd as the Herd and Inheritance of One, to whofe Luft and Madnefs they were abfolutely fubjeO: ; and that any Man of the weakeft Reafon and Generofity would not rather chufe for his Habitation that fpot of Earth where there was accefs to Honor by Virtue, and no Worth could be excluded, rather than that where all Advancement fliould procede from the Will of one fcarcely hearing and feeing with his own Organs, and gain'd for the moft part by means lend and indireft : and all tWs in the end to amount to nothing elfe but a more fplendid and dan- gerous Slavery. To clear this Point, I confider'd how infcrutably Pro- vidence carrys on the turns and flops of all Governments, fo that moft People rather found than made them. The Conftitutions of Men, fom not fit to be Mafters of their Liberty, fom not capable, fom not willing ; the Ambition of fettled Tyrants, who breaking their own Bonds havebrouglit in violent Alterations ; and laflly, civil Difcord, have either corrupted or alteiM better Settlements. BUT thefe are Obfervations rather than Arguments, and relate to Faft rather than Reafon. That which aftonifh'd me moft was to fee thofe of this Heroic and Learn'd Age, not only not rifing to Thoughts of Liberty, but inftead therof foolifiily turning their Wits and Swords againft themfelves in the maintenance of them whofe Slaves they are : and indeed they can be no weak Caufes that produce fo long and fettled aDiftemper J thofom of thofel mention'd, if not moft of them, are the true ones. H E knows nothing that knows not how fuperftitioufly the genera- lity of Mankind is given to retain Traditions, and how pertinacious they are in tlie maintenance of their firft Prejudices, infomuch that a Difcovery or more refin'd Reafon is as infupportable to them, as the Sun is toanEy newly brought out of Darknefs. Hence Opiniative- nefs (wliich is commonly proportion'd to their Ignorance) and a ge- nerous Obftinacy fomtimes to Death and Ruin. So that it is no won- der if we fee many Gentlemen, whofe-Education inabled them only ' B 2 to The Grounds and to ufe their Senfes and firft Thouglits, fo dazled with the Splendor of a Court, prepoffeft with the Afteftion of a Piince, or bewitch'd with fom fubdolous Favor, that they chufe rather any hazard than the Inchantment fhould be diiTolv'd. Others, perhaps a degree a- bove thefe, yet in refpe£t of fom Title lluck upon the Family (which has bin as fortunat a Myftery of Kingcraft as any other) or in reve- rence to fom glorious former Atchievements (minding not that in all thefe cafes the People are the only effeftive means, and the King only imaginary) think they fhould degenerat from Bravery in bring- ing on a Change. Others are witheld by Sloth and Timoroufnefs, either not daring, or unwilling to be happy ; fom looking no further than their privat Welfare, indifferent at the multiplication of public Evils ; others (and thefe the worft of all) out of apravity of Na- ture facrificing to their Ambition and Avarice, and in order to that, following any Power, concurring with any Machinations, and fup- porting their Authors : while Princes themfelves (train'd up in thefe Arts, or receiving them by Tradition) know how to wind all their humors to their own advantage, now foifting the Divinity of their Titles into Pulpits, now amuzing the People with Pomp and Shews, now diverting their hot Spirits to fom unprofitable foren War (mak- ing way to their accurs'd ends of Revenge or Glory, with the effufion of that Blood which fliould be as dear to them as their own) now ftroking the People with fom feeble but inforc'd Law, for which not- withflanding they will be paid (and 'tis obferv'd, the moft notorious Tyrants have taken this Courfe) now giving up the eminenteft of their Minifters (which they part with as indifferently as their Robes) to the Rage and Fury of the People ; fo that they are commanded and condemn'd by the fame Mouth, and the credulous and ignorant, be- lieving their King divinely fet over them, fit ftill, and by degrees grow into Quiet and Admiration, efpecially if kil'd afleep with fom fmall continuance of Peace (be it never fo injuft, unfound, or dangerous) as if the Body Politic could not languifh of an internal Difeafe, tho its Complexion be frefh and chearful. THOSE are theReafons which (if I conceive aright) haveflu- pify'd the lefs knowing part of Mankind. Now, how the more iearchingpart havefoodly mifcarry'd, will fall under confideration. FIRST then, we need not take the pains to demonftrat howeafy a thing it is for men of Acutenefs, not converfant in Civil Affairs, not only to mifcarry in the Apprehenfion, but even in their Judgment of them : for they, inftead of bringing the Series and Reafon of things into Rule and Method, ufe on the contrary to meafure them by their own prefuppos'd Speculation ; and by that means becom incapable of weighing rightly the various Incidences and Circumflances of Bufinefs. For it is to be obferv'd, that the Theorems of no Art or Profeflion are either more eafily found, or of more difficult praftice than thofe of Policy ; fo that it is no wonder if Men merely contemplative, fail fo oft in the very laying of Grounds, as we fliall anon inftance. Now how fruitful Daintys Error and Abfurdity are, we all know. But more efpecially the Contentions of contemplative Men are moft nu- merous, various, and endlefs ; for wrangling is with them an Art, and they areindu'd with that ungenerous Shame, never toacknowlege their Miftakes, Moreover, their Principles are moft times ill-grounded, and it is to be fear'd that in their Superftrudures they as often call in <" i * their Reafons of Monarchy. their Imaginations as their Judgment to frame Arguments. Befides* thefe men fighting only with Pen, Ink and Paper, Icidom arrive at a means to decide the Quarrel, by which he that gains the laft word is fuppos'd Conqueror ; or the other leaves almolt as inglorious a Con- queft to the Viftor, as if he had bin overthrown. THAT which I would infer from all this, is, that the Generality of fpeculative Men, for the moft part guiding their Underftandings by thofe Notions which they find in Books, fall not feldom by this means into confiderabie Errors. For all Books, thofe I mean that are human, and fall direftly under our Confideration, either lay down praftical Things and Observations of Kingfhip, or fom general and univerfal Notions, or elfe controverfially allert Monarchy againfl: fom Oppofers. Now in the two latter there are generally found two grand and infup- portable Fallacys, the firft wherof is, that they fraudulently converfe in Generals, and (to borrow the School-terms) fpeak of that in the JbflraSi which they fhould do in the Concrete : As for example, where they fhould aflert the particular Right of this or that Prince, they cun- ningly or ignorantly lay out moft of their Difcourfe about Monarchy in general, and often weary and amaze the Difpute before they com to the true ground and ftating of the Quarrel, wherby the Readers (di- verted by fuch PrepolTeflion, and intangled by general Notions of Au- thority, Power and Government) feldom defcend into the confiderati- on of Particulars, where the great Scruple and Difficulty for the moft part lys. So that any King (be his Accefs to the Government never fo fraudulent and unjuftifiable) coms to be look'd on as facred, authori- tative, and by degrees begins not to blufli at the Attributes of Sacred Majefty^ Grace, and Highnefs, or any other Terms that the fervil FJattery and witty Barbarity of Courtiers can give to them : nay, fom even ot the wickedeft of the Roman Emperors could be content to be faluted with Perennhys and Divinitys ; wheras if Men would call their Reafon into counfel, they might find that thefe blazing Stars wereopace Bodys,and did fliineonly by Refleftion : Thefe Men having no more Lufter than either the Cabal of their own ftate and diftance, or the wretched Impofition upon the People, cafts on them. For did Men deveft the Authority from the Perfon, they would then common- ly find it inconfiderable, if not pofitively evil. And again, confider Authority in it felf as a thing fixt, real, immutable, and (when juftly adminifter'd) facred, they might find, that granting a Prince to be the moft regular, juft Perfon in all the world, yet many Men as good join'd with him, intrufted, and concurring to the fame end, might do much more good ; and that to deny this, were to be as irrational as to deny that one Perfon could do any good at all. But however, this I take to be certain and demonftrable out of their own Principles, that Kings be- ing only to be confider'd in refpeft of the Truft and Power lodg'd in them, a number of Men by as juft means (not to fay better) inveft- ed with the fame Truft and Power, are every jot as facred, and of as much Divine Right as any Monarch is, the Power being effentially the fame, united or divided, as if a Commiffion be to one or three. It will follow then, that Republics may be as juft and authoritative as Kingftiips ; and then their radical Argument of the 'Jure Divino of Kingftiip is wholly enervated, and the other render'd equally as Sove- rain. And I am to note (but this is only tranfiently) the Poornefs, or, to fay better, the Blafphemy of that Argument which flourilhes out Kings The Grounds and Kings as the Types of Divinity, and vainly lavifhes fom Metaphyfics, to prove that all things have a natural tendency to Onenefs ; nay, the itch of fom merry Wits has carry'd them to run over moft of the Di- vine Attributes (as fom Englifh Lawyers have talk'd of the legal, I muft fay phantaftical Ubiquity and Omnifcience of our Kings, tho we fee the contrary ; and fom Civilians have faid as much about the Empe- ror before them) wheras they fliould confider, that the immenfe Sim- plicity of God flows out in its feveral Operations with ineffable variety, God being every where and the fame, or, as the PUtonifis fay, a Cen- ter in every part of its Circle, a Spirit without Quantity, Diflance, and Comprehenfion ; wheras Man is a determinat narrow Being, who do- ing one thing, ceafes to do another, and thinking of one thing is forc'd to quit his former thought. Now how fit he is to be a Shadow of this Archetype, let any judg, unlefs he could be refin'd from his Corporei- ty, and inlarg'd into a proportionable Immenfity. Befides, I know not whether it be fafe to think or no. That as God, who, for the mod part,indues Men with Gifts futable to the places to which he calls them, would in fom meafure pour out his Spirit proportional to thefe Men, wheras moft commonly we find them, notwithflanding their extra- ordinary advantages of Society, Education, and Bufinefs, as weak Men as any other : and good Princes being fway'd by the Advice of Men, good and wife, and the bad feducM by Men of their own Inclinations, what are all Monarchy s but in reality Optimacys? for a few only ef- fentially govern under the name of one, who is utterly as unable as the meaneft of thofe over whom he claims Superiority. THE fecond Fallacy is this, That Men, while thej^ labor thus to fupport Monarchy, tell us not what kind of Monarchy it is, and con- fequently gain nothing, tho we fhould grant them the former Propofi- tion to be true. For what dos it avail to tell me of the Title of fuch a Prince, if I know not by what Title he holds ? Grant it were vifible to me that fuch a Man was mark'd out by Providence to be my Gover- nor, yet if I cannot tell what kind of one, whether abfolute, mixt, li- mited, merely executive, or only firft in order, how fhall I know to direft my Obedience ? If he be abfolute, my very natural Liberty is taken away from me ; nor do I know any Power that can make any Man fuch, the Scripture fetting juft limitations and reftri£lions to all Governors. If mixt and limited, 1 muft know the due Temper and Bounds wherby he is to rule;, or elfe he may ufurp or be miftaken, and I oppreft or injurM. If executive, the Power fundamentally refides not in him, but in the Great Council, or them intrufted by the People ; then I adoreonly a Shadow. Now if any Prince of Europe can really dear up thefe Mifts, and fhew the Lines of his Government drawn fair- ly, and his Charter whole and authentic, like that of Venice and anti- ent Rome, for my part, I'll be the firft man fhall fwear him Allegiance, and the laft that will preferve him. But you will find that they will tell you in general about their Office, and in particular of their Claims of Succeffion, Inheritance, and Anceftors ; when look but three or four Storys back, and you will meet either fom favage unnatural Intrufion, difguiz'd under fom forc'd Title or chimerical Cognation, or elfe fom violent Alteration, or poffibly fom flender Oatli or Articles, hardly ex- torted and imperfeftly kept. Now if any man that will but run over thefe Rules, and apply them to any Hiffory whatever (as we fhall ex- emplify in that of Scotland^ upon which for the prefent we have pitcht) * and Reafons- of Moiurchy. and not find moft Titles ambiguous, the Effeflis of former Monarchy^ (for where, in a Catalogue ot forty Kings, can you almoft fliew me three good ones, but things merely ftrugiing to maintain their Titles and domeftic Intereft?) ruinous to the People, who for the moft part confider them no otherwife than as to be refcu'd from violent Confufi- on, not as they conduce to the pofitive Happinefs of a civil Life ; I fav; all this will be found to be true, or my fmall Converfation in Books is extremely falfe. And truly I conceive reading of Hiftory to be the j-noft rational Courfe to fet any Judgment right, becaufe it inftrufts by Experience and Effefts, and grounds the Judgment upon material Ob- fervations, and net blindly gropes after Notions and Caufes, which to him are tantum non infcrutahile ; but of that anon. A main Miftake under this Topic has bin an erroneous comparifon and application of matters Civil and Military ; for Men obferving that mixt Councils a- bout Generals, Plurality, Equality of Commands, frequent and I'ud- den Military Alterations, have brought no fmall Diftempers and Dangers to feveral Governments and Attemts ; therefore they prefently con- clude, that in Civils alfo it is the fafeft to continue a Command in one hand for preventing the like Difturbances. But here they are deceiv'd ; Civil matters conhft in long debate, great confideration, patient ex-» peftation, and wary forefight, which is better to be found in a number of choice experienced Heads, than in one fingle Perfon, whofe Youth and Vigor of Spirit inables him rather to AUion, and fills him with that noble Temerity which is commonly fo happy in Martial Affairs ; that muft be guided always to improve Occa/ions, which are feldom to be found again, and, which miftaken, are to be fcarcely amended. Befides, the Ferocity of daring Spirits can hardly be bounded while shey ftand level ; fo that it is no wOnder if they extinguilh all Emula- tions by putting the Power into the h^nds pf one, wheras in a Com- monwealth it is quite otherwife : and FaftiQns (uhlefs they be cruelly exorbitant) do but poife and balance one another ; and many times; like the difcordof Humors upon the natural Body, produce real good to the Government. That (lender conceit, that Nature feems to dref} out a Principality in moft of her works, as among Birds, Bees, &c. is fo flender indeed (in regard they are no more Chiefs than what they fancy them, but all their Prepotency is merely predatory or oppreflive"; and even Lions, Elephants, Crocodils and Eagles, have fmall incon- fiderable Enemy s, of which they ftand in fear, and by which they are often ruin'd) that the Recital confutes it ; and if it were fo, yet unlefs they could prove their One Man to be as much more excellent than the reft as thofe are, and that folely too, I fee not what it would advantage them, fince to comply with thp defign of Nature in one, they would contradifl: it in others, where fhe is equally concerned. But thefe Phi- lological and Rhetorical Arguments have not a httle hinder'd the fe- verer Difquifition of Reafon, and prepoffefs'd the more eafy Minds ■with Notions fo much harder to be laid afide, as they are more erro- neous and pleafing. THESE are the fundamental Errors that have mifled the Judg- ment ; now thofe which have mifguided the Confcience, have princi- pally preceded from the Mifinterpretation of Scripture ; and therfore feeming Sacred, have bin lefs examin'd and doubted, as carrying the moft Authority. Thus in the Old Teftament, there being fuch fre- quent mention of Kings, which notwithftanding were giiven in Wratlij '\ they 8 The Grounds and they fuperftitloufly maintain not only the neceflity, but even the Im» punity of Kings ; wheras we know not their Powers and Limitati- ons, and it is inconfequent to argue, That becaufe Jadea was fo go- vern'd, we fhould follow the fame Pattern, when we find neither Precept, Confequcnce, nor Neceflity convincing us. And it is mad- nefs to think that while the Divine Spirit fo freely and vehemently exclaims againft the Iniquity of men, God would authorize it fo far as to leave it in them only unpunifliable who fliould exterminat and re- form it. As for the Antiquity from Adam, it is true, before his Fall his Dominion was large and wide, but it was over the Beafls that after his Fall learn'd to rebel againft him ; and oecoriomically, not defpo- tically, over his Wife and Children. But what is this to Civil Go- vernment ? In the New Teftament ( for I the brieflier pafs over this head, in regard it has bin fo copioufly treated upon by thofe under "whofe Profeflion it falls, and that it dos not immediatly conduce to my Defign) the principal Aigument has bin the meeknefs of C h r i s t and his compliance with Civil Powers, which certainly, if he had bin difpos'd to have refifted, fay they, he could aseafily have overthrown, as with a few Cords whip the Buyers and Sellers out of the Temple. But he, that was the W ifdom of his Father, rather thought fit to build up his Kingdom (which is not earthly, nor known of earthly men) in Meeknefs and Obedience to Civil Powers, which are perpetually chang'd and hurry'd at the Will of the firft Mover, otherwife he would never have concern'd himfelf fo much in giving Dues to C a- SAR, and to God what is Gods ; intimating the diftinft Obedience owing by all men, as Chriftians, and Citizens. When, granting Mo- narchy the moft 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 thofe over whom he ufurp'd, and that hisAccefsto the Government was as fraudulent and violent as could be. Another Error is the miftaking of the word fAvv whohavedon it, affirm there can be no probability that they had any other being than what Hector B o Y E s, and the black book of PaJIej (out of which Buchanan had mofl: of his Materials) are pleas'd to beftow on them, there being no mention of the name of Scot in any Authentic Writer, till four hundred years after Christ. No, wefliall no more envy thefe old Heroes to them, than their placing the Red Lion in the dexter Point of their Efcucheon. . But tho we might in juftice Veje^^ them as fa- bulous and monkifh, yet fince they themfelves acknowlege them, and they equally make againft them, we fhall run them over like genuin i. Hiftory. The firft of this bleffed Race was Fergus; futt General, and afterward got himfelf made King : but no fooner caft away on the Coaftof Ireland, but a Contention arifes about the validity of their Oath to him, and Uncles are appointed to fuccede, which argues it 2* Eleftive : fopERiTHARis Brother to F e r o u s is King, but his Nephew forms a Confpiracy againft him, forces liim to refign and fly to the Ties, where he dy'd. Feritharis dying foon after, was 5. fufpefted to be poifon'd. After him coms in Main (Fergus's fecond Son) who with his Son Dornadilla, reign'd quietly fifty 4. feven years. But R e u t h e r his Son not being of age, the People 5. make hisUnclc Noth at take the Government ; but he mifruling, 6. R E u t h E R, by the help of one Do u a l, rais'd a Party againft him, and beheads him, makes himfelf King with the indignation of the Peo- ple that he was not elefted : fo that by the Kindred of N o t h a t he is fought, taken, and difplac'd; but afterwards makes a Party, and regains. His Son Th er eus wastoo young,fothat his Brother R h e u- 7* T h a fucceeded, but after feventeen years was glad to refign. Well, ^' There us reigns, but after fix years declines to fuch Leudnefi that they force him to fly, and govern by a Prorex. After his Death ), 10. J o s I N A his Brother, and his Son F i n a n are Kings, and quietly dy fo. 11. BUT then coms Durst, one who flays all the Nobility at a Banquet, and is by the People flain. After his Death the validity of the Oath to F e r g u s is call'd in queftion, and the eleftive Power vin- 12. dicated ; but at length Even his Brother is admitted, who tho he * ruPd Reafons of Monarchy. ^7 rul'd valiantly and well, yet he had G i l l u s a Baftard Son, Fafer & 12, Regt7i cupidus. The next of the Line are Twins, Docham and DoRGAL, Sons of Durst: they while they difputed about pri- ority ofi^ge, are, by the artifice of Gillus, flain in a Tumult; who makes a ftrong Party, and feizing of a Hold, fays he was made Superviforby his Father, and fo becoms King, cuts ofF all the Race j^; of Durst: but is after forc'd out of the Kingdom, and taken by Even the Second his Succeffor (who waschofen by the People) and 14. by him put to death in Ireland. After Even corns E d e r ; after 1 5. Eder hisSon Even the Third, who for making a Law, that the 16. Nobility fhould have the enjoyment of all new marry'd Women before they were touch'd by their Husbands, was doom'd to Prifon during his Life, and there ftrangl'd. His Succeffor was his KinfmanME- 17. T E L L A N : after whom was elefted C a r a t a c, whom his Brother 1 8. C o r B R E T fucceded. But then came D a r d a n ( whom the 1 n. 29.. Lords made to take on him the Government, by reafon of the Nonage ofCoRBRET's Son) who for his Leudnefs was taken by the People^ and beheaded. AFTER him CoRBRET theSecond, whofeSonLucT ac forsi. 22J his Leudnefs was by the People put to death ; then was elected MoGALD, who following his vitious PredecelTors fteps, found his 2j. Death like theirs violent. HIS Son C n A R, one of the Confpirators againfl; him, fucce- 24. ded, but mifgoverning, was clapt in Prifon, and there dy'd. ETHOIjIUS his Sifter's Son fucceded, who was flain in the 2<. night in his Chamber by his Piper. HIS Son being a Minor, Satrael his Brother was accepted, 26, who feeking to place the Succeffion in his own Line, grew fo hateful to the People, that, not daring to com abroad, he was ftrangl'd in the night by his own Servants, which made way for the youngeft Bro- ther DONALD, who outdid the others Vices by contrary Virtues, 27; and had a happy Reign of one and twenty years. ETHODIUS the Second, Son of the firft of that name, was 2S* next, a dull inaftive Prince, FamiliAriumtumultu occifm. HIS Son A T H I R c o promis'd fair, but deceiv'd their expefta- 2<;. tions with moft horrid Leudnefs, and at length vitiated the Daughters of Nathalock a Nobleman, and caus'd them to be whipt be- fore his eys ; but feeing himfelf furrounded by Confpirators, eluded their Fury with his own Sword ; his Brother and Children being forc'd to fly to the Pi£is. Nathalock, turning his Injury into Am- jo,' bition, made himfelf King, and govern'd anfwerably ; for he made moft of the Nobility to be ftrangPd, under pretence of calling them to Council, and was after flain by his own Servants. AFTER his Death A t h i r c o's Children were call'd back, and ? j J Find DC his Son, being of excellent hopes, accepted, who made good what his Youth promis'd : he beat in fundry Battels D o n a l d the Ilander ; who feeing he could not prevail by force, fent tvi'o as Renegados to the King, who (being not accepted) confpire witji his Brother, by whofe means one of them flew him with a Spear when he was hunting. HIS Brother Donald fuccedes (the youngeft of the three) vv^ho, ji. about to revenge his Brother's Death, hears the Ilander is enter'd Mur- i8 T^he Grounds and ray',' whom he incountring with inequal Forces, is taken Prifoner ivitli thirty of the Nobility, and whether of Grief, cr his Wounds, dy^ in Prifon. ^5- THE Ilander that had before ufurpM the Name, now afTum'd the Power (the Nobles, by reafon of their kindred Prifoners, being over- awed) This man wanting nothing of an exquifit Tyrant, was, after twelve years Butcherys, flain by C r a t h m n t h Son of F i n do c, who under a difguife found Addrcfs and Opportunity. The brave 94, Tyrannicid was univerfally accepted, and gave no caufeof Repen- tance; his Reign is famous for a War begun between the Scots znd. Flcts about a Dog (as that between the Trojans and haUans for a white Hart) and the defedion of Carausius from Dioclesian, which happeii'd in his time. i 5« HIS kinfman F i n c r m a c fucceded, worthy of memory for ,-;. httle but the Piety of xh&Culdys (nn Order of religious Men of that time overborn by others fucceding) He being dead, three Sons of ^^^ his three Brothers contended tor the Crown : Roma c« as the eldeflr, ftrengthen'd by his Alliance with the Picis^ with their affiftance feiz'd on it, forcing others to fly ; but proving cruel, the Nobility confpir'd and flew him. .57, A N G U S I A N, another Pretender, fuccedes, who being afTail'd by N E c T H A M king of the Picis^ who came to revenge Ro m a c h> routed his Army in a pitcht Battel ; but N e c t h a m coming again, he was routed, and both he and N e c t h a m flain. 0%. FETHELiMAC, the third Pretender, came next, who beating the Ptcis, and wafl:ing their Fields, H e r g u s t, when he faw there could be no advantage by the Sword, fuborn'd two PiBs to murder him, who drawing to confpiracy the Piper that lay in his Chamber (as the manner was then) he at the appointed time admitted them> and there flew him. 59. THE next was E v g e n Son of F i n c o r m a c, who was flain ^ a Battel with the P/(5?j-, to the almoft extirpation and banifhmentof the Scots; but at lafl: the Picis^ taking diftafl: at the Romans, en*- 40. ter'd into a fecret League with the Scots, and agreed that Fergus (wliofe Uncle the laft King was) being then in banifliment, and of a military breeding and inclination, fliould be chofen King. With him the Danes maintain'd a long War againft the Romans, and pul'd down the Puts wall : at laft he and the King of Picis were in one day flain in a Battel againfl: them. This Man's acccfs to Government was ftrange, ignotus Rex ab ignoto fo^ulo accerjitm, and may be thought temerarious ; he having no Land for his People, and the Roman Name inimical ; yet founded he a Monarchy, there having been Kings ever llnce ; and we are to note, this is the firft man that the founder Wri- ters will allow to be real and not fabulous. Him fucceded his Son 41. EuGENius (whofe Grandfather G R A H A M had all the power) a warlike Prince, whom fomefay flain, fome deadofadifeafe. After 42. him his Brother Do n g a r d, who after the fpending of five fuper- flitious years, left the Crown (as they call it) to his youngeft Bro- 4^. ther Constantin; who from a good privat Man turn'd a leud Prince, and was flain by a Nobleman, whofe Daughter he had ravifh'd. 44, He was fucceded by C o n g a l, C o k s t a n t i n 's Son, who came a tolerable good Prince to a loofe People ; and having fpent fom two land twenty years in flight excurlions againft the Saxom, left the rule * f to Reafons of Monarchy. i^ to his Brother Goran, who notwithftanding he made a good League 4 j,' againft the Brkms^ which much conduc'd to his and the Peoples fettlemenc, yet in requital, after thirty four years, they made away witl^ him ; which brought in E u g e n 1 u s, the Third of that name, 46, the Son of Co n g a l, who was ftrongly fufpefted to have a hand in his Death, infomuch that Go r a n ' s Widow was forc'd to fly into JreUnd with her Children. This man in thirty three years time did notliing but reign, and make fhort Incurfions upon the Borders ; he left the Rule to his Brother C o n g a l, a monafl:ical, fuperftitious, and 47» inactive Prince, who reign'd ten years. KiNNATELhis Brother 48- was defignM for SuccelTor ; yet A id an the Son of Goran laid his claim, but was content to fufpend, in refpeft of the Age and Dif- eafes of K i n n a t e l, which after fourteen Months took him out of the World, and clear'd the controverfy, and A i d a n by the confent 49. of C o L u M B A (a Prieft that govern'd all in thofe days) came to be King ; a Man that, after thirty four years turbulently fpent, being beaten by the Saxons, and ftruck with the Death of C o l u m b a, dy'd of Grief. AFTER him was chofen Kenneth, who has left nothing 50. behind him but his Name. Then came Eugenius the Fourth, 51. the Son of A i d a n (fo irregular is the Scots SuccefTion, that we fee it inverted by Ufurpation or crofs Eleftions in every two or three Ge- nerations) This man left an ambiguous Fame ; for Hector B o e- T I u s fays he was peaceable ; the Manufcript, implacably fevere : He reign'd fixteen years, and left his Son F e r c h a r d Succeflbr, who, 52 endeavoring to heighten the Prerogative by the Dillenfions of the Nobility, was on the contrary impeach'd by them, and call'd to an ac- count, which he denying,wasclapt in Prifoa, where he himfelffav'd the Executioner a labor. So that his Brother Donald fucceded, who 5 j . being taken up with the Piety of thofe days, left nothing memorable, except that he in perfon interpreted Scots Sermons to the Saxons. He was follow'd by his Nephew Ferch a rd. Son to the lirfb of that 54. Name, a Thing like a King in nothing but his Exorbitancys, who in hunting was wounded by a Wolf, which caft him into a Fever, wher- in he not obferving the impos'd Temperance, brought on himfelf the Joufy Difeafe ; upon which difcomforted, he was by the perfuafion of CoLMAN (a religious man) brought out in his Bed cover d with Hair-cloth, where he made a public Acknowlegement to the People, and foon after dy'd. Maldwin, Donald's Son, follow'd, 5^. who after twenty years ignoble Reign was ftrangled by his Wife. EuGENius the Fifth fucceded. Son (they fay) of King Don- 560 CARD, tho Chronology feems to refute it. This man fpent five years in flight Incurfions, and was fucceded by Eugenius the 57, Sixth, Son of Ferchard. This man is famous for a little Learn- ing, as the times went, and the Prodigy of raining Blood feven days, all Milkmeats turning into blood. Am eerke l l e t h. Nephew 58, to E u G E N I u s the Fifth, who fucceded this rude Prince, while he was difcharging the burden of Nature, was flain by an Arrow from an unknown hand. Eugenius the Seventh follow'd, who being 59. attemted by Confpirators, had his new marry'd Wife flain in bed be- fide him ; for which he being accus'd, produc'd the Murderers before his Trial, and was acquitted, and fo ended the reft of his 17 years in Peace, recommending to the People Mordac, Son of Ameer- 60, D 2 KELLETH, 20 The G rounds and ic El. T. E T FT, who contiiiuing a blank Reign, or it inay be a happ;^ 61. one, in regard it was peaceable, left it to E t f y n Son of En g e- N I u s the Seventh : the firft part of his Reign was peaceable ; but Age obliging him to put the Government into the hands of four of his Servants, it happenM to him, as it dos to other Princes, whofe For- tunes decay commonly with their Strength, that it was very unhappy 62. and turbulent : Which Miferys E ug e n i us the Eighth, Son of M o R "D A c, reftrain'd. But he, it feems^ having a Nature fitter to appeafc Tumults than to enjoy Reft, at tlie firft enjoyment of Peace broke into luch Leudnefs, that the Nobility at a meeting ftab'd hifrf, 6 J. and made way for Fergus the Son of Etfyn, one like his Pre- deceffor in manner, death, and continuance of Reign, which was three years ; the only difTimilitude was, that the latters Wife brought his Death ; lor which others being impeach'd, {he ftept in and confeft it '; ^4- and to avoid punifhment, puniOi'd her felf with a knife. So l u a t h, Son of E u G E N I u s the Eighth, follow'd him, who tho his Gout made him of lefs A6lion, yet it made his Prudence more vifible, and 6 5. himfelf not illaudable : His Death brought in A c h a 1 u s the Son of Etfyn, whofe Reign was innobled with an /rz/Z* War, and many JearnedMen; befides the Afliftance lent Hung us to fight againft the Northumhriam^ wliom he beat in a famous Battel, which (^if I may mention the matter) was prefignifyM to H u n g u s in a Dream, St. Jndretv appearing to liim, and affuring him of it ; and in the time of Battel a white Oofs (that which the Heralds call a Saltier, and w ^, was flain. Du f his Son fuccedes, famous for an Accident, 78. which if it be true, feems nearly diftant from a Fable. He was fud- denly afflided by a fweating Difeafe, by which he painfully Ian- guiflVd, yet no body could find the caufe, till at lafl a Girl, that had ii:aiter'd fom words, after torments, confeft that her Mother and fom other women had made an Image of Wax, which, as it wafted^ the King fhould waft, by fweating much : the place being diligently fearch'd, it was found accordingly ; fo the Image being broke, hein- liantly recover'd. That which difturb'd his five years Reign was the turtulency of the Northern People, whom, when he had reduc'd aiiid tafeen, with intent to make exemplary Punifhmeat, Donald the Commander 22 The Grounds and Commander of the Caftle of Forres, where he then lay, interceded for fom of them ; but being repuls'd, and exafperated by his Wife, after he had made all his Servants drunk, flew him in his Bed, and buryM him under a little Bridg (left the cutting of Turfs might dif- coveraGrave) near /(/7ro^ y^bby ; tho others fay, he turn'd a/ide a Rivci-, and after he had bury'd him, fuffer'd it to take its lormer yc?. Chanel. C u l e n the Son of I n d u l f, by the Eleftion of Par- lament, or Convention of the People, fucceded, good only in this one Action, of inquiring and puniihing his Predeceifor's Death ; but after, by the neglecf of Difcipline, and the exquifitenefs of his Vices, became a Monftcr, and fo continued three years, till being weakned and ex- Jiaufted in his Body, and vext with perpetual Difeafes, he was fum- mon'd by the Parlament, and in the way was flain hy di Thane (fo they then call'd Lieutenants of Counties ) whofe Daughter he had raviOi'd. $0, THEN came K e n e t h, Brotlier to D u f ( tho the forepart of his Reign was totally unlike his) who being invaded by the Dams, beat them in that famous Battle, which was won by the three Hays, Husbandmen (from whom all the Hays now give three Shields Gules) who with their Sythesreinforc'd the loif Battle; but in his lat- ter time he loft this reputation, by poifoning Mil col m Son of DuF, to preferve the Crown for a Son ot his Name, tho of lefs merit (for fays Buchanan, They ufe to chufe the fitteft, not the nearejl') which being don, he got ordain'd in a Parlament, that the Succeffion fhould be lineal, the Son fliould inherit, and be call'd Prince of Scots ; and if he were a Minor, be govern'd by Ibm wife Man (here corns the pretence of Succeffion, wheias before it was clearly Elective) and at fifteen he fhould chufe his Guardian himfelf. But the Divine Vengeance, which feldom, even in this life, palfes by Murder, over- took him ; for he was enfnar'd by a Lady, whofe Son he had caus'd to be executed, and flain by an Arrow out of an Ambufli flie had laid. Si, Constantin the Son of C u l e n, notwithftanding all the Ar- tifice of Kenneth, by his reafoning againll the Aft, perfwaded mofl: of iiiQ Nobility to make him King, ib that M i l c o l m the Son of Kenneth and he made up two Faftions, which tore the Kingdom ; till at length M i l c o l m s Baftard Brother ( himfelf he- in^m England z^\^'mgx\\Q Da-nes^ fought him, routed his Army, and with the lofs of his own Life took away his, they dying of mutual 82. Wounds. Grime, of whofe Birth they do not certainly agree, was chofen by ihtConfiantinians, who made a good Party ; but at the In- terceflion of Forard (an accounted Rabbi of the times) they at lafl; agreed, Grime being to enjoy the Kingdom for his Life, after which MiLCOLUMB fliould fuccede, his Father's Law ftanding in force. But he, after declining into Leudnefs, Cruelty and Spoil (as Princes drunk with Greatnefs and Profperity ufe to do) the People call'd back M i l c o l u m b, who rather receiving Battle than giving it (for it was upon Afcenfion-day, his principal Holy-day) routed his Forces, wounded himfelf, took him, pull'd out his Eyes, which altogether made an end of his Life, all Faftions and Humors being reconcild. 8 J. MILCOLUMB, who with various Fortune fought many fignal Battles with the D/i/;^/, that under their King S u e n o had invaded Scot- Ltrtd, in his latter time grew to fuch Covetoufnefs and Opprellion, that al! Reafons of Monarchy, all Authors agree he was murdei'd, tho they difagree about the mait- ner ; fom fay by Confederacy with his Servants ; fom by his Kinfmea and Competitors ; fom by the Friends of a Maid whom he had ra- vifh'd. Donald his Grandchild fucceded, a gdod-natur'd and B4;; inaftive Prince, who with a Stratagem of fleepy l3rink deftroy'd a Danifj Army that had invaded and diftreft him ; but at laft being in- fnar'd by his Kinfman Mackbeth (who was prick'd forward by Ambition, and a former Vifion of three Womeii of a four human fhape, whereof one faluted him Tha^e of Angtu^ another Earl of Murray, the third King ) he was beheaded. , THE Severity and Cruelty of Mackbeth was fo known, 85.' that both the Sons o' the murder'd King were forc'd to retire, and yeild to the times, while he courted the Nobility with Largelfes. The firli ten years he fpcnt virtuoudy, but the remainder was fo favage and tyrannical, that Macduf Thane of Fi/? fled into £»^/^W to M I L c o L M Son of Donald, M'ho by his perfuafions, and the iaffiftance of the King of Englmd, enter'd Scotland, where he found fuch great aeceffions to his Party, that Mackbeth was forc'd to fly ; his Death is hid in fuch a raift of Fables, that it is not certainly known. MILCOLUMB, the third of that name, now being quietly 86; feated, was the firfl: that brought in thofe gay inventions and diiiinfti- ons of Honors, as Dukes, Marquelfes ( that now are become fo airy, that fom carry them from places to which they have as little relation as to any Hand in America, and otliers from Cottages and Dovecotes ) His £rft trouble was Forfar, Mackbeth's Son, who claim'd the Crown, but was foon after cut of. Som War he had with that William whom we call falfly the Conqueror, fom with his own iPeople, which by the interceflion of the Bifhops were ended. At length quarrelling with our William the Second, he laid fiege to Al»mck Caftle, which being forc'd to extremity, a Knight came out with the Keys On a Spear, as if it were to prefent them to him, and and to yield theCaflle; but he, not with due heed receiving them, was run through the Ey and flain. Som from hence derive the name of P I E R c Y ( how truly I know not ) His Son and Succeffor E d- WARD following his Revenge too hotly, receiv'd fom Wounds, of which within a i^w days he dy'd, D O xV A L D B A N E ( that is in Irifli, White ) who had fled in- 87; to the lies for fear of M a c k b e t h, promis'd them to the King of Nortvay, if he would procure him to be King, which was don with cafe, as the times then flood ; but this Ufurper being hated by the iPeopIe, who generally lov'd the memory of M i l c l m, they fet Duncan, Milcol m's Baftard, againft him, who forc'd him to 8Fr retire to his lies. Duncan a military Man fliew'd himfelf Unfit for Civil Government ; fo that Donald, waiting all advantages, caus'd him to be beheaded, and reftor'd himfelf: But his Reign was fo turbulent, the Ilandcrs and Et?glijh invading on both fides, that they call'd-in Edgar Son of M i l c o l m, then in England, who with fmall AiTiliances poffeft himfelf, all Men deferting Donald, who being taken and brought to the King, dy'd in Prifon. Edgar t^\ fecure by his good Qualitys, and fi:rengthen'd by the Englijb Alliance, fpent nine years virtuoufly and peaceably ; and gave the People leave to breathe and refl, after fo much trouble and bloodfhed. His Brother A L B X" 2 A The Grounds and go. A L E X A N p E K, firnam'd Acer,- or the Fierce, fucceded ; the beginning of whofe Reign being difturbM by a Rebellion, he fpeedi- ly met them at the S/^e/, which being a fwift River, and the Enemy on the other fide, he offer'd himfelt to ford it on Horfeback : but Alexander Car taking the Imployment from him, forded the River with fuch Courage, that the Enemy fled, and were quiet the reft of his Reign. Som fay he had the name of Acer, becaufe fom Confpirators being by the fraud of the Chamberlain admitted into his Chamber, he cafually waking, firft flew the Chamberlain, and after him fix of the Confpirators, not ceafing to purfue the reft, till he had flain mofl: of them with his own hands : this with the building of fom Abbys, and feventeen years Reign, is all we know of him. oi. HIS Brother David fucceded, one whofe profufe Prodigality upon tiie Abbys brought the Revenue of the Crown (fo prevalent was the Su- perftition of thole days) almofl: to nothing. He had many Battels with our Stephen about the Title of M a u d the Emprefs ; and having lolt his excellent Wife and hopeful Son in the flower of their days, he 92, left the Kingdom to his Grandchildren, the eldeft wherof was Mil- col u m b a Ample King, bafH'd and led up and down into France by our Henry the Second ; which brought him to fuch contemt, that he was vex'd by frequent Infurredions, efpecially them of Murray, whom he almofl: extirpated. The latter part of his Reign was fpent in building Monafl:erys ; he himfclf ty'd by a Vow of Chaftity, would 07. never marry, but left for his Succeflfor his Brother William, who expoftulating for the Earldom of NorthumberUnd, gave occafion for a War, in which he was furpriz'd and taken, but afterwards releas'd up- on his doing Homage for the Kingdom of Scotland to King Henry, of whom he acknowledged to hold it, and putting in caution the Caftles of Roxhoro (once fl:rong, now nothing but Ruins) Barwtc, Edinburgh Sterling, all which notwithftanding was after releas'd by Richard Cwurde 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 Prifoners. The refl of his Reign (except the rebuilding of St. Johnjton, which had bin deftroy'd by Waters, wherby he lofl: his eldeft Son, and fom Treatys with our King John) was little worth memory ; only you will wonder that a ScotiJJj King could reign forty nine years, and yet die la peace. g^, ALE X A N D E R his Son fucceded, famous for little, except fom" Expeditions againfl: our King John, fom Infurreftions, and a Reign gi'^ two years longer than his Father's. His Son was the third of that name, a Boy of eight years old, whofe Minority was infefl:ed with the turbulent Cummins; who when he was of age, being cali'd to ac- count, not only refused to appear, but furpriz'd him at Sterling, go- verning him at their pleafure. But foon after he was awak'd by a fu- rious Invafion of A c h o King of Norway (under the pretence of fom Iflands given him by Macbeth) whom he forc'd to accept a Peace, and fpent the latter part amidft the Turbulencys of the Priefts (drunk at that time with their Wealth and Eafe) and at laft having feenthe continu'd Funerals of his Sons David, Alexander, his Wife, and his Daughter, he himfelf with a fall from Horfe broke his neck, leaving of all his Race only a Grandchild by his Daughter, which dy'd foon after, THIS' Reafons- of Monarchy. 25 THIS Man's Family being extinguiOi'd, they were forc'd to runtd another Line, which, that we may fee how happy an expedient imme- diat Succeffion is for the Peace of the Kingdom, and what Miferies it prevents, I fliall, as briefly and as pertinently as I can, fet down. DAVID, Brother to K. W i l l i a m, had three Daughters, Mar- garet married to A l l a n Lord of Gaf/oway, Isabel married to Robert Bruce Lord of Annandale and Cleveland^ Ada married to Henry Hastings Earl of Huntingdon. Now Allan be- got on his Wife Dornadilla, married to Jo h n B a l i o l af- terwards King of ^co^/^W, and two other Daughters. Bruce on his Wife got Robert Bruce Earl of Carick, having married the Heretrix therof. As for Huntingdon he defifted his claim. The queftion is, whether B a l i o l in right of the eldeft Daughter, or Bruce being com of the fecond (but a Man) fhould have the Crown, he being in the fame degree, and of the more worthy Sex, The Controverfy being toft up and down, at la ft was refer'd to Ed- ward, the Firft of that name, King of England. He thinking to fifh iri thefe troubled waters, ftirs up eight other Competitors, the more to en- tangle the bufincfs, and with twenty four Counfellors, half Englijhj hz\]i Scots, znA abundance of Lawyers fit enough to perplex the matter, fo handled the bufinefs, after cunning delays, that at length he fecretly tampers with Bruce (who was then conceiv'd to have the better right of the bufinefs) that if he would acknowlege the Crown of him, he would adjudg it for him ; but he generoufly anfwering, that he va- lu'd a Crown at a lefs rate, than for it to put his Country under a foren Yoke : He made the fame motion to B a l i o l, who accepted it ; and fo we have a King again, by what Right we all fee ; but it is good rea- fon to think that Kings, com they by their Power never fo unjuftly, may juftly keep it. B A L I O L having thus got a Crown, as unhappily kept it ; for no <)6. fooner was he crown'd, and had don homage to E d w a r d, but the Abernethys having fiain M a c d u f Earl of Fife^ he not only pardon'd them, but gave them a piece of Land in controverfy : wher- upon M A c d u F 's Brother complains againft him to E d w a r d, who makes him rife from his Seat in Parlament, and go to the Bar : He hereupon enrag'd, denies Edward affilfance againft the French, and renounces his Homsge. Edward immediatly corns to Bemic, takes and kills feventhoufand, moft of the Nobility of Fifeznd Low- thian, and afterwards gave them a great Defeat at Dunbar, whofe Caftie inftantly furrender'd. After this he march'd to Mcntrofe, where Baliol refign'd himfelf and Crown, all the Nobihty giving ho- mage to E d w A R D. B a L I o L is fcut Prifouct to London, and from thence, after a years detention, into France. W hile Edward was pof- feft of all Scotland, one William Wallace arofe, who being a privat man, beftir'd himfelf in the Calamity of his Country, and gave the Englijh feveral notable foils, Edward coming again with an Army, beat him that was already overcom with Envy and Emula- tion as well as Power ; upon which he laid by his Command, and never afted more, but only in flight Incurfions. But the EngliJJj being beat- en at Rojlin^ Edward coms in again, takes Sterling, and makes them all render Homage; but at length Bruce feeing all his Promifes no- thing but fmoke, enters into League with Cummin to get the King- dom : but being betray'd by him to E d w a r d, he ftab'd Cummin t E at ^5 "fbe Grounds and q-i, at Drmifreis, and made himfelf King. This man, tho he came with diC advantage, yet wanted neither Patience, Courage, nor Conduft ; fothat after heliad miferably lurk'd in the Mountains, he came down, and ga- thering together fom Force.gave our li d w a. r d the Second fuch a defeat near Sterling, as Scotland never gave the like to our Nation : and continu'd the War with various fortune with the Third, till at laft AgeandLepro- 9S. fy brought liim to his G rave. His Son David, a Boy of eight years, inherited that which he witli fo much danger obtain'd, and wif- domkept. In his Minority he was govern'd by Thomas R a n- D o L F Earl of Murray, whofe feverity in punifhing was no lefs dread- ed than his Valor had bin honor'd. But he foon after dying of poifon ;• and Edward Baliol, Son of John, coming with a Fleet, and ftiengthnMwiththeafTiflanceof the" Englijh, and fom Robbers, the fcn. Governor the Earl of Mar was routed, fo that Baliol makes him- felf King, and David was glad to retire into France. Amic'll thefe Parties (^Edward the Third backing Baliol) was ^co/^/xW mi- ferably torn, and the Bruges in a manner extinguiflVd, till Ro- bert (after King) with them of Argile and his own Family and Friends, began to renew the claim, and bring it into a War again ; which was carried on by Andrew Murray the Governor, and afterwards by himfelf: So that David, after nine years banifliment, durft return, where making frequent Incurfions, he at length in the fourth year of his return march'd into England, and in the Biflioprick of Durham was routed, and fled to an obfcure Bridg, fhew'd to this day by the Inhabitant--. Ihere he was by John Copland taken prifoner, where he continu'd nine years, and in the thirty ninth year of his Reign hedy'd. 3 00. ROBERT his Sifters Son, whom he had intended to put by, fuc- cedes, and firfl brought the Stuarts (which at this day are a plague to the Nation) into play. 1 his man after he was King, whether it were Age or Sloth, did little ; but his Lieutenants and the EnglijJj were perpetually in action. He left his Kingdom to John his Baflard Son by the Lady More his Concubin, whom he marry'd, either to legi- timat the three Children (as the manner was then) he had by her, or elfe for old Acquaintance, his Wife and her Husband dying much about 301. a time. This John would be crown'd by the nameof Robert (his own, they fay, being unhappy for Kings) a wretched inactive Prince, lame, and only governed by his brother Walter, who having David the Prince upon complaint of fom Exorbitancys deli- vered to his care, caus'd him to be ftarv'd ; upon which the King in- tending to fend his Son James into France, the Boy was taken at Flamhurg^ and kept by our Henry the Fourth : upon the hearing of which his Father fwounded, and foon after dy'd. His Reign was me- morable for nothing but his breaking with George Eado^ March (to whofe Daughter, upon the payment of a great part of her Portion which he never would repay, he had promis'd his Son David for a Husband) to take the Daughter of Douglas who had a greater ; which occafion'd the Earl of March to make many inrodes with our Henry Hotspur; and a famous Duel of three hun- dred men apiece, wherof on the one fide ten rcmain'd, and on the o- ther one, which was the only way to appeafe the deadly Feuds of thefe two Familys. The Interreign was govern'd by R b e r t, who enjoying the Power he had too much coveted, little minded the Liberty Reafoni of Monarchy. 27 Liberty cf his Nephew, only he fent fom Auxiliarys into Vnnce^ wiio, they fay, behav'd themfelves worthily ; and his flothful Son M o R. D A c, who making his Sons fo bold with Indulgence, that one of them kiPd a Falcon on his fift, which he deny -d to give him : he in revenge procurM the Parlament to ranfom the King, who had bin eighteen years a Prifoner. Tiiis James was riie Firfl: of that name, ro2. and tho he was an excellent Prince, yet had a troublefom Reign ; firft, in regard of a great Penfion rais'd for his Ranfom ; next, for domeftic Commotions; and laftly, for raifing of Mony; which, tho the Re- venue was exhaufted, was call'd Coyetoufnefs. This having offended Robert Graham, he confpir'd with the Earl oi Athcl, flew him in his Chamber, his Wife receiving two wounds, endeavoring to defend him. THIS James left the Second, a Boy of fix years, whofe Infan- lo^ cy, by the mifguidance of the Governor, made a miferable People, and betray'd the Earl D o u g l a s to death, and almoft all that great Family to ruin ; but being fupplanted by another Earl Douglas, the King in his juft age fuffer'd A4inority under him, who upon dif- pleafure rebel'd, and was kil'd by the King's own hand. Afterv\^ards having his middle years perpetually molefted with civil Broils, yet go- ing to affift the Duke of Tork againft Henry the Sixth, he was diverted by an EnglijI} Gentleman that counterfeited himfelf a Nuncio (which I mention out of a Manufcript, becaufe I do not remember it in our Story s) and broke up his Army. Soon after befieging Rojc- hurg, he wasflain by the burning of a Cannon in the twenty ninth year of his Age. J A M E S the Second left a Boy of feven Year:?, governed by his Mo- 204, ther, and afterwards by the B o y d s ; thro the perfuafions of Aftrolo- gers and Witches, to V/hom he was flrongly addifted, hedeclin'd to Cruelty ; which fo inrag'd the Nobility, that, headed by his Son, they confpir'd againft him, routing his Forces near Sterlingy where he flying to a Mill, and asking for a Confeffor, a Priefb came, who told him, that tho he was no good Priefi, jet he pms a good Leech, and with that ftab'd him to the heart. A Parlament approved his death, and order'd Indemnitys to all that had fought againft him. JAMES the Fourth, a Boy of fifteen Years, is made King, go- loj,' vern'd by the Murderers of his Father ; a prodigal, vainglorious Prince, flain at i^/o^io;^ Field, or, as fom fappofe, at Kj/J) by the Humes, which (as the Manufcript alleges) feems more probable, in regard that the Iron Belt (to which he added a Ring every Year) which he wore in repentance for the death of his Father, was never found, and there were many, the day of Battel, habited like him. His Succeifor was his Son J a m e s, the Fifth of that name, a Boy of not above two ioi5, years of age ; under whofe Minority, what by the mifgovernment of Tutors, and what by the Faftions of the Nobility, Scotlafid was wafl:- ed almoft into Famin and Solitude : however in his juft Age he prov'd an induftricus Prince, yet could not fo fatisfy the Nobility, but that he and they continued in a mutual hate, till that barbarous execution of young HA.MILTON fo fiPd him with Remorfe, that he dream'd he came and cut off his two Arms, and threatead after to cut off his Head. And he difpleas'd the People fo much, that he could not make his Army fight with the Englijh then in Scotland ; wherupon he dy'd of grief, having firfl; heard the death of his two Sons, who dy'd at the E 2 inftant ,8 The Grounds and 107. inftant of his Dream, and leaving a Daughter of five days old, whom he never faw. THIS was that Mary under whofe Minority (bytheweak- nefs of the Govej-nor, and ambition of the CardinaH the Kingdom felt all tliofe Woes that are threaten'd to tlicm whofe King is a Child ; till at length tiie prevalency of the E/?g///lj Arms ( awak'd for hercaufe) brought the great defign of fending her into France to per- feftion : So at five Years old flie was tranfported, and at fiiteen mar- ry'd to the Do/phm Francis, after King; while her Mother, a Daughter of the Guise, in her Regency, exercis'd all Rage againfl: the Profeffbrs of the pure Religion then in the dawn. F r a n c i s af- ter two Years left her achildlefs Widow, fo that at eighteen flie re- turn'd into 5co//W to fuccede her Mother (then newly dead J in her Exorbitancys. I HAD almoft forgot to tell, that this young Couple in the tranfport of their nuptial Solemnitys took the Arms and Title of Eng- land ; which indifcrete Ambition we may fuppofe firft quicken'd the jealoufy of Elizabeth againft her, which after kindl'd fo great a flame. I N Scotland fhe fliew'd what a ftrange influence loofe Education has upon Youth, and the weaker Sex. All the French Effeminacys came over with her, and the Court lofl: that little Severity which was left. David Rizio, an Italian F'ldltr, was the only Favorir, and it is too much fear'd, had thofe enjoyments which no Woman can give but flie that gives away her Honor and Chaftity. BUT a little after, Henry Lord Darnly coming with Mat- thew Earl of Lenox, his Father, \\Mo Scotland^ fbecaflaney upon him, and marry d him. Whether it were to ftrengthen her preten- i\.on to England, he being com of Henry the Seventh's Daughter, as we fliall tell anon, or to color her Adulterys, and hide the fhame of an Impregnation (tho fom have whifper'd, that (lie never conceiv'd, and that the Son was fuppofititious ) or fom Phrenzy of Aneftion drew her that way ; certain it is flie foon declin'd her Affeftion to her Husband, and increas'd it to Da v i d (he being her perpetual Com- panion at board, and managing all Affairs, while the King with a con- temtible Train was fent away) infomuch that fom of the Nobility that could not digefl: this, enter'd a Confpiracy, which the King head- ed, and flew him in her Chamber. 'I'HIS turn'd all her negleft of the King into rage, fo that her chiefefl bufinefs was to appeaie her Favorits Gholl; with the flaughter of her Husband ; poifon was Hrflattemted, but it being (it fecms) too Weak, or his Youth overcoming it, that expedation fail'd. But the Devil and Bo t h w e l furniflfd her with another that fucceded ; flie fo intices him, being fo fick that they were forc'd to bring him in a Horflicter to Edinhur^, where (he cherilli'd him extremely, till the credulous young man began to lay afide fufpicion, and to hope better ; So flie puts him into a ruinous houfe near the Palace, from whence no news can be had, brings in her own bed, and lys in the houfe with him ; and at length when the defign was ripe, caufes him one Sunday night, with his Servant, to be firangl'd, thrown out of the Windov/, and the houfe to be blown up with Gunpowder, her own rich Bed having bin before fecretly convey'd away. Tliis and other perfor- mances made her favor upon Bo t h w e l fo hot, that fhe mull: marry f him J Reafons of Monarchy. 29 him ; the only obftacle was, he had a Wife already ; but fiie was compel'd to fue for a Divorce, which (fo great Perfons being con- cern'd) it was a wonder it fliould be granting fo long as ten" days. Well, flie marrys ; but the more honell Nobility amaz'd at thofe Ex- orbitancys, affemble together, and with Arms in their hands begin to expoftulat. The newmarry'd Couple are forc'd to make back South- wards ; where finding but (lender afTiftance, and the Queen fooliHily coming from Dunbar to Leitb^ was glad at laH: to delay a parly till her Dear was efcap'd ; and then (clad in an old tarter'd coatj to yield her felf a Prifoner. BEING brought to Edinburgh and us'd rather with hate of her former Enormitys, than pity of her prefent Fortune, flie receiv'd a Meffage, th^t flie mufl; either refign the Crown to her Son James ( that was born in the time of her marriage with Darnly) or elfe they would procede to another EleQion, and was forc'd to obey. So the Child then in his Cradle was acknowleg'd James the Sixth, bet- loS^ ter known afterwards by the Title of Great Brttain. THE wretched Mother flying after into £;^^//iW, was entertain'd ( tho with a Guard ) by Queen Elizabeth, but after that being fuborn'd by the Papifts, and exafperated by the Gu i ze s, fhe enter'd into Plots and Machinations, fo inconfirtent with the Safety oiEngUnd, that by an Aft of Parlament fhe was condemn'd to death, which fhe receiv'd by a Hatchet at Fotheringay Caftle. THE Infancy of her Son was attended with thofe domeftic Evils that accompany the Minority of Kings. In his Youth he took to Wife the Daughter of De;^»Atr^' (a Woman I hear little of, faving theCha- rafter Salust gives Sempronia, that llie could dance better than became a virtuous Woman) with whom he fuppofing the Earl Go WRY too much in League, caus'dhimand his Brother to be flain at their own houfe whither he was invited ; he giving out, that they had an intent to murder him ; and that by miracle and the affiflance of fommen (whom he had inftrufted for that purpofe, and taught their tale) he efcap'd. For this Deliverance (or to fay better, Af- faffination) he blafphem'd God with a folemn Thankfgiving once a Year all the remainder of his Life. WELL had it bin for us, if our Forefathers had laid hold of that happy opportunity of E l,i z a b e t h ' s Death ( in which the T e u- T H RS took a period) to have perform'd that which, perhaps in due punifliment, hascoft us fo much blood and fweat ; and not have bow'd under the fway of a Stranger, difdain'd by the moll generous and wife at that time, and only fupported by the Faftion of fom, and the Sloth of others ; who brought but a flender Title, and ( however the flat- tery of the times cry'd him up for a S o l o m o n ) weak Commenda- tions for fuch an advancemicnr. HIS Title flood thus, Margaret, eldeft Daughter to Hen- ry the Seventh, was marry'd to James the Fourth, whofe Son James the Fifth had Mary the Mother of J a m e s the Sixth. Margaret after her firft Husband's death, marrys Archibald Douglas Earl of Angus, who upon her begot Margaret Wife of Matthew Earl of Lenox, and Mother of that Henry * D A R N L Y, whofe tragical End we jufl: now mention'd. Now upon this flender Title, and our internal Diffenfions (for the CeciUans and Epxliws, for feveral ends, made perpetual Applications) got J A M M y :0 The Grounds' and Tammy fi'om a Revenue of 30000 /. ro one of almoft two MillionSj tho there were others that had as fair pretences (and what elfecan any of them make? ) the Statute of 25 EdnK ^. exprefly excluding Foren- ers from the Crown : and fo the Children of C h a r l e s Bran- don by M A K Y the fecond Daughter, Dowager of France, being next to com in. And the Lady Akabei.la being fprung from a third Husband (the Lord Stuart) of the faid Margare t, ?.nd by a Male Line, carry'd furely fo formidable a pretenfion ( it fliouldfeem) that even that Iniquity which was perfonally inherent to her, made her days very unhappy, and for moft part captive, and her death ('tis thought) fomwhat too early; fo cruel are the Perfe- cutions of cowardly minds, even againft the weakeft and moft unpro- tefted Innocence. AND indeed his Right to tlie Crown was fo unfatisfa£lory even to tlie moft judicious of thofe days, that Toev Matthews having fuit about fom Privileges which he claim'd to his Bifhoprick ( which was then Durham) wherin the King oppos'd him ; and having one day ftated the Cafe before fom of his Friends, who feem'd to ap- prove of it ; yes, fays he, I could wifh he had but half fo good a Ti- tle to the Crown. And 'tis knov/n that fom Speeches of Sir W a l- T E R R a w L E V, too gcncrous and Englifli for the times, was that which brought him to Irial and Condemnation for a feign'd Crime ; and afterwards fo facilitated that barbarous Defign of G u n d a m a k, to cut oft' his Head for a Crime, for which he was condemned fourteen years before, and which by the CommilTfOns he after received (ac- cording to the opinion of the then Lord Chancellor, and the greateft Lawyers) was in Law pardon'd. THIS may appear bcfides our purpofe ; but we could not fever this confideraticn, unlefs we would draw him with a half face, and leave as much in umbrage as we expreft. That which moft folem- nizM hisPerfon was, firli the confideration of his adhering to the Pro- tcftant Religion ; wherasweare to confider that thofe ilight Velitati- onshehad with Bell a km in and the Romanifis, tended rather to make his own Authority more intrinfecally intenfe and venerable, than to confute any thing they faid : for he had before fhak'd them off as to foren Jurifdiftion ; and for matter of Popery, it appear'd in his lat- ter time that he was no fuch enemy to it, both by his own compliances with the Spanijh Embalfadors, the defign of the Spamjh Match ( in which his Son was perfonally imbarkt ) and the flow affiftances fent to his Daughter, in whofe fafety and protection Proteftantifm was at that time fo much concerned. FOR his Knowlege, he had fom glancings and niblings, which the Severity of the excellent Buchanan fbrc'd into him in his younger time, and after converfation fomwhat polifh'd. But tho i bear not fo great a contemt to his other Works, as Ben Johnson did to his Poetry, yet if they among many others were going to the fire, they woukl not be one of the firft I fliould refcue, as poffibly ex- pecting a more fevere and refin'd Judgment in many others ; and know- ing that he that had fo many able Wits at command, might eafily give their Oracles thro his Mouth, But fuppofe the things generous and fit to live ( as I am not yet convinc d ) yet what commendation is this to a King, whofhould have other bufinefsthan fpinning and weaving fine Theorys, and engaging in School Chiquaneries ? which was well un- dsrftoool Reafofif of Monarchy. 3 1 derftood by Henry the Fourth, who hearing fom men celeBrat hinfi with thefe Attributes; yes (anfwer'dhe, very tartly) He is a fine KJfjg, and writes little Books. 'T I S true, he was a good Drol, and poflibly after Greec Wine fomwhat fadlious: But ot his fubftantial and heroic Wifdom I have nor heard any great Inftances. He himfelf usM to brag of his I^ifig- craft, which was not to render his People happy, and to profecute the ends of a good King, but to fcrue up the Prerogative, divert Parla- ments from the due difquifition and profecution of their Freedoms, ?viil to break them up at pleafure ; and indeed his parting with the Cautio- nary Towns of the Low Countrjs, and that for fo fmall a Sum, fliew'd him a Perfon not fo quickfighted, or unfit to be overreach'd. FOR his peaceable Reign, honorable and jull Quarrels he wanted not; but floth and cowardice witheld him: and indeed the eafe and luxury of thofe times fomented and nourifh'd thofe lurking and peftilent humors, which afterwards fo dangeroufly broke out in his Son's Reign. W E fliall not trouble his Afhes with the mention of his perfonal Faults ; only, if we may compare God's Judgments with apparent Sins, we may find the latter end of his Life neither fortunat nor com- fortable to him. His "Wife diftaflied by him, and fom fay, languifhing of a foul Difeafe ; his eldeft Son dying with too violent fymtoms of Poifon, and that, as is fear'd, by a hand too much ally'd ; his fecond (againft whom he ever had a fecret antipathy) fcarce returned fromi mad and dangerous Voyage ; his Daughter (all that was left of that Sex ) banifh'd, with her numerous Tffue, out of her Husband's Do- minion, and living in miferable Hxile ; and laftly, himfelf dying of a violent death by poifon, in which his Son was more than fufpedted to have a hand, as may be infer 'd from Buck in gham's Plea, that he did it by the Command of the Prince, and Charles's dillolu- tion of the Parlament that took in hand to examin it; and laftly, his indifferency at Backifigham's death ( tho he pretended all love to him alive ) as glad to be rid of fo dangerous and fo confiderable a Partner of his Guilt. Yet the miter'd Parafits of thofe times could fay, that one went to Heaven in Noah's Ark, the other in Eli/bo's Chariot, he dying of a pretended Fever, fhe ( as they faid ) of a Dropfy. CHARLES having now obtain'd his Brother's Inheritance, car- i o^. ry'd himfelf in managing of it like one that gain'd it as he did. The firfi: of his Afts was that glorious attemt upon the He of Rhee. The next, that Noble and Chriflian betraying of Rochel, and confequently in a manner the whole Proteftant Intereft in Trance. The middle of the Reign was heightening of Prerogative and Prelacy, and conform- ing our Churches to the pattern of Rome ; till at laft jufl: Indignation brought his Subjefts of Scotland into England, and fo forc'd him to call a Parlament : v/hich tho he fhamelefly fays in the firft line of the Book, call'd his, was out of his own inclination to Parlaments, yet how well he lik'd them, may appear by his firft tampering with his own 4rmy in the North, to furprize and diffolve them ; then with the Scots, who at that time were Court proof; then raifmg up the Iri/b Rebellion, which has wafted millions ot Lives ; and laftly, his open feceffion from lVe(lminfier, and hoftility againft the two Houfes, which maintain'd a firft and fecond fharp War, that had almoft ruin'd the Nation,' had not Providence in a manner immcdiatly interpos'd and; r^fcu'd 2 2 The Grounds, &c. l-efcuM us to Liberty, and made us fuch Hgnal Inflrumcnts of his Ven* geance, that all wicked Kings may tremble at the example. I N a word, never was Man forefoluteand obftinat in a Tyranny ; never People more ftrangely befotted v\'ith it. 1o paint the Image of David with iiis face, and blafphemoufly to parallel him with Christ, would make one at firfi: thought think him a Saint ; But to compare his Proteftations and Aftions ; his Aftions of the Day, his Aftions of the Night ; his Proteftant Religion, and his courting of the Pope ; and obedience to his Wife ; we may juftly fay, he was one of the moft confummat in the Arts of Tyranny that ever was. And it could be no other than God's hand that arrefted him in tlie height of his Defigns and Greatnefs, and cutoff him and his Family, making good his own Imprecations on his own Head. 1 10. OUR Scene is again in Scotland, which has accepted his Son, whom for diftinftion fake we will be content to call Charles the Second. Certainly thefe People were ftrangely blind as to God's Judgment per- petually pour'd out upon a Family ; or elfe wonderfully addidled to their own Intercft, to admit the fpray of fuch a ftock ; one that has fo little to commend him, and fo great improbability to further their Defigns and Happinefs ; a Popilli Education, if not Religion too, however for the prefent he may feem to diilemble it ; France, the Je- fuits, and his Mother, good means of fuch an improvement ; the dan- gerous Maxims of his Father, befides the Revenge he ows his Death, of which he will never totally acquit the Scots ; his Hate to the whole Nation ; his Senfe of Montrose's Death ; his backwardnefs to com to them till all other means fail'd ( both his foren beg'd Afliftan- ces, his Propofitions to the Pope, and Commiflions to Montrose) and laftly, his late running away to his old Friends in the North : fo that any man may fee his prefent compliance to be but hiftrionical and forc'd, and that as foon as he has led them into the Snare, and got power into his own hands, fo as that he may appear once more bare- fac'd, he will be a fcourge upon them for their grofs Hypocrify, and leave them a fad Inftance to all Nations, how dangerous it is to efpoufe fuch an Intereft, againft which God with fo vifible and fevere a hand dos fight, carry'd on by and for the fupportof a tyrannizing Nobility and Clergy, and wherin the poor People are blindly led on by thofe afrighting ( but falfe and ungrounded ) pretenfions of Perfidy and Perjury, and made inftrumental with their own Eftates and Blood tos wards inflaving and ruining themfelves. THE THE Commonwealth O F OCEANA. To his HIGHNESS The Lord Proteftor of the Common- wealth of England, Scotland, and Ireland* — Quid rides ^ mntato nomine^ de te Fabula narratur, — -—Horat. 54 The IntroiuBion, or Order of the IVor^. Pliny VDe/«;;- ^'^^ C E A N A is faluted by the Panegyrift after this manner ; ^iono/ Oceana. S \ the moft hlejt and fortunat of all Countrjs, OCEANA! ^^ Jf Hotv defervedly has Nature with the bounty s of Heaven Ani Earth indu'd thee ? Thy ever-fruitful Womb not clos'd with Ice, nor di([olvV by the raging Star ; where Ceres and Bacchus are perpetual Twins. Thy Woods are not the harbor of devouring Beafls^ Kor thy continual Verdure the ambujij of Serpents, but the food of innu- merable Herds and Flocks prefer/ting thee their Shepherdefs with dijlended Dugs, or golden Fleeces. The wings of thy Night involve thee not in the horror of darkntfs, but have ft ill jom white feather ; and thy Day is (that for which we ejteem Life) the longeft. ]h\t this Extafy of Pliny (as is obferv'd by B e r t i u s) feems to allude as well to Marpefu and Panopea, now Provinces of this Commonwealth, as to Oceana it felf. The Nature of TO fpeak of the People in each cfthefe Countrys, this of Oceana, for ihe People, fo foft a One, is the moft martial in the whole World. Let States thai: aim at Greatnefs (fays VerUlAmius) take heed Imv their Nobility and'Gentlemen multiply toofafi^for that makes the common Subjecfgroiv ts be a Peafant andbafe Swain driven out of heart, and in ejfecl but M, Gentle- mat^ s Laborer ; ]uft as you may fee in Coppice Woods, if you leave the Staddels too thick, you jhall never have clean Underwood, but Shrubs and Bufbes : So in Countrys, if the Gentlemen be too many, the Commons will he bafe ; and you will bring it to that at lafl, that not the hundredth Poll will be fit for a Helmet, fpecially as to the Infantry, which is the nerve of an Army and fo there will be great Population and little Strength. This of which I fpeak has bin no where better feen than by comparing of Oceana md France, wherof Oceana, the far lefs in Territory and Population, has bin neverthelefs an overmatch, in regard the middle People of Oceana make good Soldiers, which the Peafants in France do not In which words Verulamius (as Machiavel has don beR)re him) harps much upon a ftring which he has not pcriefltly tun'd, and that is the balance of Dominion or Property : as it follows more plainly in liis praife of the profound and admirable device of Panurgus Kjng of Occ.na, in making Farms and Houfes of Husbandry of a Standard ; that is, ?Kiin. tai/i'amth fuch a proportion of Land to them, as ma^ breed a Subject to live in convenient plenty, and no fervil condition, and to keep the Plow in- the hand of the owners, and not mere hirelings. And thus indeed (fays ho) you jhall at tain to Virgil's Character ^ which he gives of antient Italy. BUT the Tillage bringing up a good Soldiery, brings up a good Commonwealth ; which the Author in the praife of P a n u r g u s did not mind, nor Panurgus in deferving that praife : for where the owner of the Plow coms to have the Sword too, he will ufe it in de- fence of his own ; whence it has happen'd that the People oi Ocea/ui m proportion to their property have bin always free. And the Genius of * Terra potens armi»atque ubere gleb.i. thig The Introduction. 35 riiis Nation has ever had fom refemblance with that of antient Juiy^ which was wholly addi£led to Commonwealths, and where Ro/f/e came to make the greateft account of her ruftic Tribes, and to call her Confuls from the Plow ; for in the way of Parlaments, which was the Government of this Realm, men of Country- lives have bin ftill intrufled with the greateft Affairs, and the People have conftantly had an averfion to the ways of the Court. Ambition loving to be gay, and to fawn, has bin a Gallantry look'd upon as having fomthing in ic of the Livery ; and Husbandry, or the country way of Life, tho of a grolTer fpinning, as the beft ftuf of a Commonwealth, according to Aristotle, fuch a one being the moft obftinat Aflertors o; her Liberty, and the leaft fubje£l to Innovation or Turbulency. Wher- fore till the Foundations ( as will be hereafter fliew'd ) were re- mov'd, this People wasobferv'dto be the leaft fubjeft to Shakings and Turbulency of any : Wheras Commonwealths, upon which the City Life has had the ftronger influence, as Athetts, have feldom or neVer bin quiet ; but at the beft are found to have injur'd their own bufinels by over-doing it. Whence the Urban Tribes of Rome, confifting of the Turbo, forenfis^ and Liberties that had receiv'd their Freedom by manumiflion, were of no reputation in comparifon of the Ruftics. It is true, that with J^emce it may feem to be otherwife, in regard the Gentlemen (for fo are all fuch call'd as have a righc to that Govern- ment) are wholly addifted to the City Life : but then the Turbaforen- fis, theSecretarys, Cinadmi, with the reft of the Populace, are whol- ly excluded. Otherwife a Commonwealth, confifting but of one City, would doubtlefs be ftormy, in regard that Ambition would be every man's trade : but where it confifts of a C ountry, the Plow in the hands of the owner finds him a better calling, and produces the moft innocent and fteddy Genius of a Commonwealth, fuch as is that of Oceana. MARPESIA, being the Northern part of the fame Hand, is The Nature of the dry Nurfc of a populous and hardy Nation, but where the Stad- ''■'^^"f^'"'^'' dels have bin formerly too thick : , whence their Courage anfwerM not their hardinefs, except in the Nobility, who governed that Country much after the manner of Poland ; but that the King was not elective til} the People receiv'd their Liberty, the yoke of the Nobility being fcroke by the Commonwealth of Oceana, which in grateful return is therby provided with an inexhauftible Magazin of Aiixiliarys. P A N O P E A, the foft Mother of a flothful and pufillanimous Peo- The Nature of pie, is a neighbor Hand, antiently fubjefted by the Arms o[ Oceana ',ff'^ ^^'^°'P^^-1 fince almoft depopulated for fhaking the Yoke, and at length replant- ed with a new Race. But (thro what virtues of the Soil, or vice of the Air foeverit be) they com ftill to degenerat. Wherfore feeing it is neither likely to yield men fit for Arms, nor necefTary it fhould ; it had bin the Intereft of Oceana fo to have difpos'd of this Province, being both rich in the nature of the Soil, and full of commodious Ports for Trade, that it might have bin order'd for the beft in rela- tion to her Purfe : which in my opinion (if it had bin thought upon in time) might have bin beft don by planting it with 'Jews, allowing them their own Rites and Laws; for that would have brought them j fuddenly from all parts of the World, and in fufBcient numbers. And tho the 'jews be now altogether tor Merchandize, yet in the Land of Canaan (except fince their exile from whence they have not bin F 2 Land- ^6 'the Introduction. Landlords) they were altogether for Agriculture ; and there is no caufe why a man fliould doubt, but having a fruitful Country, and excellent Ports too, they would be .good at both. Pampea. well peo- pled, would be worth a matter of four millions dry rents; that is, be^ fides the advantage of the Agriculture and Trade, which, with a Na- tion of that Induftry, corns at leaft to as much more. Wherfore Panose A being farm'd cut to the 'Jews and their Heirs for ever, for the pay of a provincial Army to protect them during the term of feven years, and for two Millions annual Revenue from that time forward, befides the Cuftoms which would pay the provincial Army, would have bin a bargain of fuch advantage both to them and this Com- monwealth, as is not to be found otherwife by either. To receive the jfwj after any other manner into a Commonwealth, were to maim it : for they of all Nations never incorporat, but taking up the room of a Limb, are of no ufe or office to the body, while they fuck the nourifliment which would fuflain a natural and ufeful Member. I F Pampea had bin fo difpos'd of, that Knapfack, with the Marpe- fian Auxiliary, had bin an ineflimable Treafure ; the Situation of thefe Countrys being Hands (as appears by Venice how advantageous fuch a one is to the like Government) feems to have bin defign'd by God for a Commonwealth. And yet that, thro the flreitnefs of the place and - TheSHiiathn dcfeft of proper Arms, can be no more than a Commonwealth for e/r/je cowOTon- prefervation : wheras this, reduc'd to the hke Government, is a ^^j''^''-'^'^^' Commonwealth for increafe, and upon the mightieft foundation that any has bin laid from the beginning of the World to this day. lUam ar^a capiens Neptunm compede flringit : Hanc autem glaucis cap f us comple£litur ulnis. THE Sea gives law to the growth of Venice^ but the growth of Ocema gives law to the Sea. THESE Countrys having bin antiently diftinft and hoftil King- doms, came by M o r p h e u s the Marpefiajt (who fucceded by heredi- tary right to the Crown of Oceana^ not only to be join'd under one head ; but to be caft, as it were by a charm, into that profound fleep, which, broken at length by the Trumpet of Civil War, has produc'd thofe effefts, that have given occafion to the infuing Difcourfe, divi- ded into four parts. [. th 37 1. The Prelminaryr, [hewing the Princiftef of Government, 2. The Council of Legiflators^ jloewing the Art of maf^ng a Commonwealth. 5. The Model of the Commonwealth of Oceana^ jhewing the effeB offuch an Art. 4. The Corollary, jhewing fom Confequences of fuch a Government. The Preliminary f, Jhewing the Trincifles of Government. JANOTTJ, the mofi: excellent Defcriberof the Commonwealth of Venice^ divides the whole Series of Government into two Times or Periods. The one ending with the Liberty of Rome, which was the Courfe or Empire, as I may call it, of Antient Prudence, firft difcover'd to mankind by God himfelf in the Fabric of the Commonwealth of Jfrael, and afterwards pick'doutof his Footfteps in Nature, and unanimoudy followM by the Greecs and Romans. The other beginning with the Arms of Cits A R, which, extinguifhing Liberty, were the Tranfidon of Antient into Modern Prudence, intro- duced by thofe Inundations of Huns^ Goths, Vandals^ Lombards, Sax- ons^ which, breaking the Roman Empire, deform'd the whole face of the World with thofe ill features of Government, which at this time are becom far worfe in thefe weftern parts, except Venice, which e- fcaping the hands of the Barbarians^ by virtue of its impregnable Situation, has had its ey fix'd upon antient Prudence, and is attain'd to a perfe£lion even beyond the Copy. RELATION being had to thefe two times, Government (to Definitions of define it de jure, or according to antient Prudence) is an Art wherby *^''^^''"'"^"'' a Civil Society of Men is inllituted and preferv'd upon the Foundation of common Right or Intereft ; or (to follow Aristotle and L I V y) It is the Empire of Laws, and not of Men. AND Government (to define it de faffoj or according to modern Prudence) is an Art wlierby fom man, or fom few men, fubjeft a City or a Nation, and rule it according to his or their privat Intereft : which, bccaufe the Laws in fuch cafes arc made according to the in- tereft of a man, or of fom few Familys, may be faid to be the Em- pire of Men, and not of Laws, THE 38 OCEANA THE former kind is that which M achi a vel (whofe Books are necrlefted) is the only Politician that hasgon about to retiieve ; and Fai.iZo. that Levi AT HAN (who would have his Book impos'd upon the Ptg.^-]-]. Univerfitys) gos about to deftroy. For, h is (fays lie) another Er^ ror o/" A R I s T o T L E 's Politics, that in a well-order'' d Commomvealth not: Menjhould govern, but the Laws. What man that has his natural jenfes^ tho he can neither write nor read, dos not find himjelf govern''d by them he fears, and believes can kill or hurt him rvhen he obeys not ? Or, who believes that the Law can hurt him, which is hut Words and Paper, without the Hands and Swords of men? I confefs, that* the Magiftrat upon his Bench is that to the Law, which a Gunner upon his Platform is to his Can- non. Neverthelefs, I fbould not dare to argue with a man of any In- genuity after this manner. A whole Army, tho they can neither write nor read, are not afraid of a Platform, which they know is but Earth or Stone ; nor of a Cannon, which without a hand to give fire to it, is but cold Iron ; therfore a whole Army is afraid of one man. But of this kind is the Ratiocination of Leviathan (as I fhall fliew in divers places that com in my way) throout his whole Politics, Pag.iii. orworfe; as wherehe fays o/Aristotl e ^Wo/ Cice ro, of the Greecs, and of the Romans, who liv''d under popular States, that they de- rived thoje Rights not from the Principles of Nature, but tranJcriPd them into their Books, out of the pra^ice of their own Commonwealths, as Gram- marians defcrihe the Rules of Language out of Poets. Which is as if a man fhould tell famous H e r v y, that he tranfcrib'd his Circulation of the Blood not out of the Principles of Nature, but out of the Anatomy of this or that Body. T O go on therfore with this preliminary Difcourfe, I fhaH divide it (according to the two definitions of Government relating to J a n o t- Ti's two times) into two parts. The Firft treating of the Principles of Government in general, and according to the Antients : The Second treating of the late Governments of Oceana in particular, and in timt of modern Prudence. Divifion of oo- GOVERNMENT, according to the Antients, and their fjsrnment. learn'd Difciple M a c h i a v e l, the only Politician of later Ages, is of three kinds ; The Government of One Man, or of the Better fort, or of the whole People : which by their more learn'd names are call'd Monarchy, Ari(locracy, and Democracy. Thefe they hold, thro their pronenefs to degenerat, to be all evil. For wheras they that go- vern fhould govern according to Reafon, if they govern according to Paflion, they do that which they fl]ould not do. Whcrfore as Reafon and PafTion are two things, fo Government by Reafon is one thing, and the corruption of Government by Paffion is another thing, but not always another Government : as a Body that is alive is one thing, and a Body that is dead is another thing, but not always ano- ther 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 ^rifiocracy, Oligarchy ; and that of Democracy, A- narchy. But Legiflators having found thefe three Governments at the beft: to be naught, have invented another confifl:ing of a mixture of them all, which only is good. This is the Doftrin of the Antients. * MaglAratus cA lex armata. •f BUT OCEANA, 59 BUT Leviathan is poficive, that they are all deceiv'd, and t^ac there is no other Government in Nature than one of the three ; as alfo that th.e FlePn of them cannot ftink, the names of their Corrup- tions being but the names of mens Phanfies, which will be underftood when we are fliown which of tiiem was Senatm Pofulufqtie Rommm. 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 '^'O'^-'- of the natural or acquir'd Virtues, as Wifdom, Prudence, and Courage, &c. ff.^,f„/"'' "-^ The goods of Fortune are Riches. There be goods alfo of the Body, as Health, Beauty, Strength ; but thefe are not to be brought into ac- count, upon this (core, becaufe if a Man or an Army acquires Vi£lory or Empire, it is more from their Difciplin, Arms, and Courage, than from their natural Health, Beauty, or Strength, in regard that a Peo- ple conquerM 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 anfwers Authority ; to the goods of Fortune, Power or Em- ■^^'"f''"? ««i pire. Wherfore Leviathan, tho he be right where he fays that"^"'^""^-^' Riches are Porver, is millaken where he fays that Prudence, or the repu- tation of Prudence^ ii Porver: for the Learnmg 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 foolifli Magiftrat may have Power, tho he has orherwife no i-fteem or Authority. The difference of thefe two is obfei-v'd by L i v y in F. v a n d e r, of whom he fays, * that he govern'd rather by the Authority of others, than by his own PoM'cr. TO begin with Riches, in regard that Men are hung upon thefe, £«;/>?; not of choice as upon the other, but of neceffity and by the teeth : for as much as he who wants Bread is his Servant that will ieed him j if a Man thus feeds a whole People, they are under his Empire. EMPIRE is of two kinds, Domeitic and National, or Foren ^'f^irm of and Provincial. ^'"f'"'- DOMESTIC Empire is founded upon Dominion. ^.'J^'fi'" ^'"• DOMINION is Property real or perfonal, that is to fay, in uominhn. Lands, or in Mony and Goods. LANDS, or the parts and parcels of a Territory, are held by Balance in the Proprietor or Proprietors, Lord or Lords of it, in fom proportion ; ^'*"'^''"* and fuch "( except it be in a City that has little or no Land, and whofe Revenue is in Trade) as is the proportion or balance of Dominion or Property in Land, fuch is the nature of the Empire. IF one Man be fole Landlord of a Territory, or overbalance /tt/o/K?e iW> the People, for example three parts in four, he is Grand Signior : for "'"■'^*.'- fo the Turk is call'd from his Property ; and his Empire is abfolute Monarchy. I F the Few or a Nobility, or a Nobility with the Clergy be Land- Mx'ii My- lords, or overbalance the People to the hke proportion, it makes the"'"''^'^' Gothic balance ( to be fliewn at large in the fecond part of this Dif- courfe") and the Empire is mix'd Monarchy, as that of S^ain^ Poland^ and late of Ocema. * Regebac magis Aucoricate quam Iraperio. f AND 40 Popular Go- vcinment. Tyranny. oligarchy. Anarchy. Balance m Mony. OCEANA, AND if the whole People be Landlords, or hold the Lands fo divided among them, that no one Man, or number of Men, withia thecompafsof the feiv or Jrijlocracj, overbalance them, the Empire (without the interpofition of Force) is a Commonwealth. IF Force be inrerpos'd in any of thefe three cafes, it muft 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 Confufions, the balance ftanding otherwife, is but of fhort continuance, becaufe againft the nature ot the balance, which, not deftroy'd, dcflroys that which oppofes it. BUT there be certain other Confufions, which, being rooted in the balance, are of longer continuance, and of worfe confequence ; as firfl:, where a Nobility holds half the Property, or about that pro- portion, and the People the other half; in which cafe, without altering the balance, there is no remedy but the one muft 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 cafe of the Roman Empe- rors, planted partly upon their military Colonies, and partly upon the Senat and the People ) the Government becoms a very fhambies both of the Princes and the People. Somwhat of this nature are certain Governments at this day, which are faid to fubfift by confufion. In this cafe, to fix the balance, is to entail mifery : but in the three for- mer, not to fix it, is to lofe the Government. Wherfore it being un- lawful in Ttirky, that any fhould poffefs Land but the Grand Signior, the balance is fix'd by the Law, and that Empire firm. Nor, the the Kings often fell, was the Throne of Oceana known to fliake, until the Statute of Alienations broke the Pillars, by giving way to the No- bility to fell their Eftates. * While Lacedemon held to the divifion of Land made by Lycurgus, it was immovable, but, breaking that, could (land no longer. This kind of Law fixing the balance in Lands is call'd Agrarian., and was firft introduc'd by God himfelf, who di- vided the Land of Canaan to his People by Lots, and is of fuch virtue, that wherever it has held, that Government has not alter'd, except by confent ; as in that unparallel'd example of the People of ijrael, when being in liberty they would needs chufe a King. But without an Agrarian^ Government, whether Monarchical, Ariftocratical, or Popu- lar, has no long Leafe. A S for Dominion perfonal or in Mony, it may now and then ftir up a Melius or a M a n l i u s, which, if the Commonwealth be not provided with fom kind of Dictatorian Power, may be dangerous, tho it has bin feldom or never fuccefsful : becaufe to Property produ- cing Empire, it is required that it fliould have fom certain root or foothold, which, except in Land, it cannot have, being otherwife as it were upon the Wing. NEVERTHELESS, in fuch Cities as fubfift moftly by Trade, and have little or no Land, as Holland and Genoa, the balance of Trea- fure may be equal to that of Land in the cafes mention'd. * Si terra rec^ar, Ionium Mgxo frangat mare. BUT OCEANA. 41 ; ^w f ^ E V I A T H A N, tlio lie fcems to fcew at Antiqult\' folio v^- ing his funous Mafter C a k k e a d e s, has caught iiold of he pubHc irHdZJ / ''¥ ''^''' f^W/>/.«.] fo precede from the not un- f^-ve no power to obhge, contain, conflram, or protecl any Man, ha ,vhat they havejrom the public ^mrd. But as he faid of the Law that witli out this Sword it is but Paper; fo he might have thought of this bvvoid that without a Hand it is but cold Iron. The Hand which iioJds this Sword is the Miiitia of a Nation ; and the Militia of a Na- tion IS either an Army in the field, or ready for the field upon occafion. But an Army is a Beaff that has a great belly, and muff be fed * wherfore this will com to what Pafiures 3'ou have, and what Failures you have will com to the balance of Property, without which the pub- lic Sword is but a name or mere fpitfrog. Wherfore to fet that which Leviathan fays of Arms and of Contrafts a little ftreighter;.4rwxWcM. he that can graze this Beaft with the great belly, as the Turk^os, his' ''■•''^^■• Tmariots, may well deride him that imagins he receiv'd his- Povvcr by Covenant, or is oblig'd to any fuch toy : it being in this cafe only tha't Covenants are but Words and Breath. But if the Property of the Nobility, ftock'd with their Tenants and Retainers, be the paflure of that Beaft, the Ox knows his Mafter's Crib; and it is impoflible for a King in fuch a Conftitution to reign otherwife than by Covenant* or if lie breaks it, it is words that com to blows. BUT fays he, when an Affemblj of Men is made Soverain, then no Pag. 90J Man imagins anyjuch Covenant to have pajt in the In [It tut ion. But what was that by Pu e licol a of appeal to the People, or that wher- by the People had their Tribuns? fy, fays he, no body is fo dull as to fay, that the People of 'RomQ made a Covenant ntth the Romans to hold the Soverainty on fuch or fuch conditions ; which not perform'' d the Ro- mans might dcpofe the Roman People. In which there be feveral re- markable things ; for he holds t!ie Commonwealth of Rome to have confifted oF one AfTembly, wheras it confided of the Senat and the People ; That they were not upon Covenant, wheras every Law en- acted by them was a Covenant between them ; That the one AlTembly was madeSoverain, wheras the People who only were Soverain, were fuch from the beginning, as appears by the antient rliile of their Co- venants or Laws, * The Senat has refolv''d, the People have decreed •■ That a Council being made Soverain, cannot be made fuch upon con- ditions, wheras the Decemvirs being a Council that was made Sove- rain, was made fuch upon conditions ; That all Conditions or Cove- nants making a Soverain, the Soverain being made, are void ; whence p,u g ; it muft follow that, the Decemviri being made, were ever after the '^' " lawful Government of Rome, and that it was unlawful for the Com- monwealth of Rome to depofe the Decemvirs ; as alfo that Cicero if he wrote otherwife out of his Commonwealth, did not write out of Nature. But to com to others that fee more of this balance. YOU have Aristotle full of it in divers places, efpecially 6.5,3.3,?. ' where he fays, that immoderat Wealth, oi where One Man or the Few have greater Pojfijfiuns than the Equality or the Frame of the Commonwealth * Cenfiiere patres, jufTu populus. G mil 42 OCEANA, will beAr^ is an occafion of Sedition^ which ends for the grenter fart in Mo- narchy ; and that for this caufe the Ojlracifm has bin receiv'd in dii'ers places^ as tn Argos and Athens. But that it were better to prevent the growth in the beginnings than, when it has got head, to feek the remedy of fuch an evil. D.B.I, c. 55. MACCHI AVEL hasmifs'd it very narrowly and moredanger- oufly ; for not fully perceiving that ifa Commonwealth be gall'd by the Gentry, it is by their overbalance, he fpeaks of the Gentry as hoftil to popular Governments, and of popular Governments as hoftil to the Gentry ; and makes us believe that the People in fuch are fo inrag'd a- gainft them, that where they meet a Gentleman they kill him : which can never be prov'd by any one example, unlds in civil War ; feeing that even in Switzerland the Gentry are not only fafe, but in honor. But the Balance, as I have laid it down, thoiinfeenby Macchi- A v E L, is that which interprets him, and tliat which he confirms by his Judgment in many others as well as in thi-. place, w here he concludes. That he who will go about to make a Commonwealth whr-re there be many Gentlemen^ ttnlefs he frfi dejhoys them^ undertakes an Imfojfibility . And, that he who goes about to introduce Monarchy where the condition of the Teople is equal, fjaU never bring it to fafs, unlefs he cull out fuch of them AS are the moft turbulent and ambitious, and make them Gentlemen or No- £"• blemen, not in name but in effect ; that is, by tnriching them with Landsy Caflles, and Treafures., that may gain them Power among the reft, and, bring in the reft to dependence ufon themfelves, to the end that they main" taining their Ambition by the Prince, the Prince may maintain his Powef^ by them. WHERFORE as in this place I agree with Macchi avel, that a Nobility or Gentry, overbalancing a popular Government, is the utter bane and deftruttion of it; fo I fhall fhew in another, that a Nobility or Gentry, in a popular Government not overbalancing it, is the very life and foul of it. The right of the B Y what has bin faid, it fhould feem that we may lay afide further MiitiajlateJ. difputes 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 infepa- rable from the overbalance in Dominion : nor, if otherwife ftated by the Law or Cuftom (as in the Commonwealth of Rome, * where the People having the Sword, the Nobility came to have the overbalance)' « avails it to any other end than deftruftion. For as a Building fwaying from the Foundation muft fall, fo it fares with the Law fwaying from Reafon, and the Militia from the balance of Dominion. And thus much for the balance of National or Domeftic Empire, which is in Dominion. 7i&f Balance of THE balance of Foren or Provincial Empire is of a contrary na- forentrnfire. jufc. A man may as well fay, that it is unlawful for him who has made a fair and honeft purchafe to have Tenants, as for a Government that has made a juft progrefs, and inlargement of it felf, to have Pro- vinces. But how a Province may be juftly acquir'd, appertains to ano- ther place. In this I am to flnew no more than how or upon what kind of balance it is to be held ; in order wherto I fhall firft fliew upon what kind of balance it is not to be held. It has bin faid, that nati- onal or independent Empire, of what kind fbever, is to be exercis'd * Confulcs fine lege Curiaca rem milicarem accingere non potuerunc. t by OCEANA. 43 by them that have the proper balance of Dominion in the Nation ; wherfore provincial or dependent Empire is not to be exercis'd by them that have the balance of" Dominicn in the Province, becaufe that vvouid bring the Government horn Provincial and Dependent, to NatiOiial and Independent. Abfoliite Monarchy, as that of the 3 «r^j, neither plants its People at home nor abroad, otherwife than as Tenants for life or at will ; wherfore its National and Provincial Government is all one. But in Governments that admit the Citizen or Subjeft to Domi' nion in Lands, the richeft are they that fliare moft of the Power at home ; wheras the richeft among the Provincials, tho native Subjefts, or Citizens that have bin tranfplanted, are leaft admitted to the Go- vernment abroad ; for men, like flowers or roots being tranfplanted, tak6 after the foil wherin they grow. Wherfore the Commonwealth of Rome, by planting Colonys of its Citizens within the bounds of Jtalj, took the beft way of propagating it felf, and naturalizing the Country ; wheras if it had planted fuch Colonys without the bounds of Itaiy^ it would have alienated the Citizens, and given a root to Li- berty abroad that might have fprung up foren, or favage, and hoftil to her : wherfore it never made any fuch difperfion of it felf and its ftrength, till it was under the yoke of the Emperors, who disburden- ing themfelves of the People, as having lefsapprehenfion of what they could do abroad than at home, took a contrary courfe. THE Mmiducs (which till any man fliew me the contrary, I fliall prefume to have bin a Commonwealth confilling of an Army, wherof the common Soldier was the People, the CommilTion Officer the Senat, and the General the Prince) were Forencrs, and by Nation CircaffianSf that govern'd ALgyft ; wherfore thefe never dnrft plant themfelves up- on Dominion, which growing naturally up into the National Intereflr, muft have diffolv'd the toren yoke in that Province, THE like in fom fort may be faid of Venice^ the Governtnent wherof is ufually miftaken : iovFemce, tho it dos not take in the People, ne- ver excluded them. This Commonwealth, the Orders wherof are the moft Democratical or Popular of all others, in regard of the exquifit Rotation of the Senat, at the firfi: infticution took in the whole People ; they that now live under tie Government without participation of it, are fuch as have fince either voluntarily chofen fo to do, or were fub- du'd by Arms. Wherfore the Subjeft of yenice is govern'd by Pro- vinces ; and the balance of Dominion not ftanding, as has bin faid, with Provincial Government : As the Mamalucs durft not cafl: their Government upon this balance in their Provinces, left the National In- tereft fliould have rooted out the Foren ; fo neither dare the Venetians , take in their Subjefls upon this balance, left the foren Intereft fliould root out the National (which is that of the jooo now governing) and by diftufing the Commonwealth throout her Territorys, lofe the advantage of her Situation, by which in great part it fubfifts. And fuch alfo is the Government of the Spaniard in the Indies^ to which he deputes Natives of his own Country, not admitting thz Creolios to the Government of thofe Provinces, tho defcended from Spaniards. BUT if a Prince or a Commonwealth may hold a Territory that is foren in this, it may be ask'd, why he may not hold one that is native in the like manner ? To which I anfwer, becaufe he can hold a tbren by a native Territory, but not a native by a foren : and as hitherto I have fliewn wliat is not the provincial Balance, fo by this anfwer ic G 2 ' may 44 OCEANA, may appear what it is, namely the Overbalance of a native Territory to a foren ; for as one Country balances it felf by the diftribution of Property according to tlie proportion of the fame, fo one Country over- ' balances another by advantage of divers kinds. For example, the Commonwealth of Rome overbalancM her Provinces by the vigor of a more excellent Government cppos'd to a crazier, or by a more exqui- fit Militia oppos'd to one inferior in Courage or DifcipHn. The like was that of the Mamalucs, being a hardy People, to the JEgypians that were a foft one. And the balance of Situation is in this kind of won- derful efieO; j feeing the King of Denmark; being none of the moft potent Princes, is able at the Sound to take Toll of the greatcft : and as this King by the advantage of the Land can make the Sea tributary ; fo Venice, by the advantage of the Sea, in whofe arms flie is impreg- nable, can make the Land to feed her Gulf. For the Colonys in the Indies, they are yet Babes that cannot live without lucking the breafts of their Mother Citys, but fuch as I miftake if when they com of age they do not wean themfelves : which caufes me to wonder at Princes that delight to be exhaufled in that way. And fo much for the principles of Power, whether National or Provincial, Domeftic or Fo- ren ; being fuch as arc C?xternal, and founded in the goods of Fortune. Authority. I COM to the principles of Authority, which are internal, and founded upon the goods of the Mind. Thefe the Legiflator that can unite in his Government with thofe of Fortune, corns neareft to the work of God, whofe Government confifts of Heaven and Earth: which was faid by Plato, tho in different words, as, when Princes fliould be Philofophers, or Philofophers Princes, the World would be Ecclef. 10. 15. happy. And fays Solomon, There is an euil which I have feen un- ^'^^^' der the Sun^ which procedes from the Ruler (enimvero neque nobilem, ne^ que ingenuum, nee Uhertiaum quidem armis pr.eponere, regia utilit&s ejt) Grot. Polly is Jet in great dignity, and the Rich (either in Virtue and Wifdom, in the goods of the Mind, or thofe of Fortune upon that balance which gives them a fenfe of the National Intereft) fit in low places. I have feen Servants upon horfes, and Princes walking as Servants upon the earth. Sad complaints, that the principles of Power and of Authority, the goods of the Mind and of Fortune, do not meet and twine in the Wreath or Crown of Empire ! Wherfore, if we have any thing of Piety or of Prudence, let us raife our felves out of the mire of privat Intereft to the contemplation of Virtue, and put a hand to the removal of this evil from under the Sun ; this evil againft which no Government that is not fecur'd, can be good ; this evil from which the Government that is fecure mufl be perfect. Solomon tels us, that the caufe of it is from the Ruler, from thofe principles of power, which, balanc'd up- on earthly trafli, exclude the heavenly treafures of Virtue, and that influence of it upon Government, which is Authority. We have wander'd the Earth to find out the balance of power : but to find out that of Authority, we muft afcend, as I faid, nearer Heaven, or to the Image of God, which is the Soul of Man. THE Soul of Man (whofe life or motion is perpetual Contempla- tion or Thought) is the Miftrefs of two potent Rivals, the one Reafon, the other Paffion, that are in continual fuit j and, according as fhe gives up her will to thefe or either of them, is the felicity or mifery which Man partakes in this mortal life. FOR G C E A N A. '45 FOR as whatever was PafTion in the contemplation of a man, be- ing brought forth by his will iii'ooftion, IS Vice and the bondage of Sin ; fo whatever Vv'as Reafon in the contemplation of a man, being brought forth by his will into aftion, is virtue and the freedom of Soul. AGAIN, as thofe aftions of a man that were Sin acquire to him- felf Repentance or Shame, and affeft others with Scorn or Pity; fo thofe actions of a man tliat are Virtue acquire to himfelF Honor, and upon others Authority. NOW Government is no other than the Soul of a Nation or City : wherfore that which was Reafon in the debate of a Commonwealth being brought forth by the refuk, muft be Virtue ; and forafmuch as the Soul of a City or Nation is the Soverain Power, her Virtue mull: be Law, But the Government whofe Law is Virtue, and whofe Virtue is Law, is the fame whofe Empire is Autliority, and whofe Authority is Empire. AGAIN, If the Liberty of a man confifts in the Empire of his Reafon, the abfence wherof would betray him to the bondage of his ' Paffions; then the Liberty of a Commonwealth con fills in the Em- pire of her Laws, the abfence wherof would t etray her to the Lull of Tyrants. And thefe I conceive to be the Principles upon which Ari- stotle and LiVY ( injurioufly accus'd by Leviathan for not writing out of nature) have grounded their AlTertion, Tlnit a Com- momvealth is an Empire of Laws, and, Mot of Men. But tliey muft not carry it fo. for^ fays he, the Liber tj, wherof there is fo frequent and P^g- no. honorable mention in the Hiftorys and Phtlofophy of the antient Greecs and Romans^ and the Writings and Difcourjes of thofe that from them have receiv'd all their Learning in the Politics, is not the Liberty of f articular Men, but the Liberty of the Commonwealth. He might as well have faid, that the Eftates of particular Men in a Commonwealth are not the Riches of particular iVIen, but the Riches of the Commonwealth ; for equality of Eftates caufes equality of Power, and equality ot Power is the Liberty not only of the Commonwealth, but of every Man. But fure a Man would never be thus irreverent with the greateft Au- thors, and pofitiveagainft all Antiquity, without fom certain demon- ftration of iVuth : and, what is it? Why, there is written on the Tur- rets of the City of Lucca in great Characters at this day the word L I- B E R T" A S ; je^ no Man can thence infer ^ that a particular Man has more Liberty or Immunity from the Service of the Commonwealth there^ than in Conftantinople. Whether a, Commonwealth be Monarchical ot Popular, the freedom is the fame. The Mountain has brought forth, and we have a little Equivocation ! For to fay, that a Luchefe has no more Liberty or Immunity from the Laws of Luca, than a Turk has from thok oi Conjlantinople ; and to fay that a Luchefe has no more Liberty or Immunity by the Laws of Lucca, than a Turk has by thofe of Confantinople, are pretty diflerent Speeches. The firft may be faid of all Governments alike ; the fecond fcarce of any two ; much lefs of thefe, feeing it is known, that wheras the greateft Bajha is a Tenant, as well of his Head as of his Eftate, at the Will ot his Lord, the mcaneft Lucchefe that has Land, is a Freeholder of both, and not to be control'd but by the Law, and that fram'd by every privat Man to no other end (or they may thank themlelves) than to proteft the Li- berty of every privat Man, which by that means corns to be the Li- bercv of the Commonwealth. BUT 46 OCEANA. BUT feeing they that make the Laws in Commonwealtlis are but Men, the main Queftion feems to be, how a Commonwealth corns to bean Empire of Laws, and not of iMen ? or how the Debate or Re- fult of a Commonwealth is fo fure to be according to Reafon ; feeing they who debate, and they wlio refolve, be but Men ? Jfid as often Hobs, ^j Reafon is Again fi a Man, fo often mill a Man be again fi Reafon, T HIS is thought to be a fhrewd faying, but will do no harm ; for be it fo that Reafon is nothing but Interell, there be divers Interefis, and fo divers Reafons, A S firfl-, there is privat Reafon, which is the Intereft of a privat Man. SECONDLY, There is Reafon of State, which is the Intereft (or Error, as was faid by Solomon) of the Ruler or Rulers, that is to fay, of the Prince, of the Nobility, or of the People. THIRDLY, There is that Reafon, which is the Intereft of Man- Hooker. B,x. I^ind, or of the whole. Now if we fee even in thofe natural Agents that want fenfe, that tts in themjelves they have a Law which directs them in the means wherby they tend to their own ferfelfion, fo likewife that another Law there is, which touches them as they are fociable parts united into one Body, a Law which binds them each to ferve to others good, and all to pre- fer the good of the whole, before rvhatjoever their own particular ; as when Jlones, or heavy things forfake their ordinary wont or center, and fly up' wards, as if they heard themjelves commanded to let go the good they pri- 'vatly wtjh, and to relieve the prefent diftrej's of Nature in common. There is a common Right, Law of Nature, or Intereft of the whole ; which is more excellent, and fo acknouleg'd to be by the Agents Crot themfelves, than the Right or Intereft ot the Parts only. Wherfore tho it may be truly faid that the Creatures are naturally carry'' d forth to their proper utility or profit, that ought not to be taken in too general tt fenfe ; feeing divers of them abflain from their own proft, either in regard of thofe of the fame kind, or at leaf I of their young. MANKIND then muft either be lefs juft than the Creature, or ac- knowlege alfo his common Intei elf to be common Right. And if Rea- fon be nothing elfe but Intereft, and the Intereft of Mankind be the right Intereft, then the Reafon of Mankind muft be right Reafon. Now compute well ; for if the Intereft of popular Government com the neareft to the Intereft of Mankind, then the Reafon of popular Go- vernment muft com the neareft to riglit Reafon. BUT it may be faid, that the difficulty remains yet; for be the Intereft of popular Government right Reafon, a Man dos not look upon Reafon as it is right or wrong in it felf, but as it makes for him or againft him. "Wherfore unlefs you can fhew fuch Orders of a Government, as, like thofe of God in Nature, fhall be able to conftrain this or that Creature • ' to fliake oft" that Inclination which is more peculiar to it, and take up that which regards the common Good or Intereft ; all this is to no more end, than to perfuade every man in a popular Government not to carve himfelf of that which he defires moft, but to be mannerly at the public Table, and give the beft from himfelf to Decency and the common Intereft. But that fuch Orders may be eftablifh'd, as may, nay muft give the upper hand in all cafes to common Right or Intereft, notwich- ftandingthe nearnefs of that which fticks to every man in privat, and this in a way of equal certainty and facility, is known even to Girls, being no other than thofe that are of common praftlce with them in 'I" diveis 1 OCEANA. 47 divers cafes. Foi* example, two of them have a Cake yet undivided, which was given between thicm : tliat each of them therfore may have that which is due, Divide, fays one to the other, and I will chufe; or let me divide, and you fliall chufe. If this be but cwice agreed up- on, itisenougii: for the divident, dividing unequally, lofes, in regard that the other takes the better half; wherfore fiie divides equally, and fo both have right. the depth of the Wifdom of God I and yet bj the mouths of Babes ajtd Sucklings has he fet fonh his flre-/igth ; that which great Philofophers are dit'puting upon in vain, is brought to light by two harmlels Girls, even the whole Myliery of a Commonv\'ealth, which lys only in dividing and chufing. Nor has God ( if his WoriiS in Nature be underHcod ) left fo much to Mankind to difpute upon, as who fliall divide, and who chufe, but diftributed them for ever in- to two Orders, wherof the one has the natural right of dividing, and the other of chufing. For Example : A COMMONWEALTH is but a civil Society of Men: ktrkordcnof us take any number of Men (as twenty) and immediatly make ^'^f^th^^t^ Commonwealth. Tv^enty Men (if they be not all Idiots, perhaps if they be) can never com fo together, but there will befuch a dif- ference in them, that about a third will be wifer, or at leafl: lefs tbolilh than all the reft ; thefe upon acquaintance, tho it be but fmali, will be difcover'd, and (asStagsthat have the largeft heads) lead the herd: for while the fix difcourfing and arguing one with another, fliew the eminence of their parts, the fourteen difcover 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, diffi- culty, or danger, they hang upon their lips as Children upon their Fathers ; and the influence thus acquirM by the fix, the eminence of whofe parts is found to be a flay and corhfort to the fourteen, is *" the Authority of the Fathers. Wherfore this can be no other than a na- tural Ariftucracy diffus'd by God throout the whole Body of Man- kind to tills end and purpofe ; and therfore fuch as the People have not only a natural, but a pofirive Obligation to miake ufe of as their Guides ; as where the People of Ifrael are commanded to take wife men^ Deut. 1. 1?.' und under ft mding^ and known among their Tribes^ to be made Rulers over them. The i\\ then appi'ov'd of, as in the prefent cafe, arc the Senat, not by hereditary Right, or in regard of the greatnefs of their Eflates only (which would tend to fuch Power as might force or draw the People) but by eleftion for their excellent Pares, 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 Com- manders, but Counfellors of the People ; and that which is proper to Counfellors is firfi: to debate, and afterv/ard to give advice in the bu- finefs wherupon they have debated ; whence the Decrees of the Senat areneverLaws, nor fo -j- call'd : and thefe being maturely fram'd, it is their duty |l to propofe in the cafe to the People. Wherfore the Senat is no more than the debate of the Commonwealth. But to de- bate, is to difcern or put a difference between things that, being alike, are not the fame ; or it is feparating and weighing this reafon againfb that, and that reafon againfi this, which is dividing. * Aiuhoritas Patrum. f Senacufconfuica, || Fetrc ad Populiim, THE 48 OCEANA. The People. TH E Senat then having divided, who fhall chufe ? Ask the Girls t for if fhe that divided muft have chofen alfo, it had bin little woife for tlie other in cafe flie had not divided at a!], but kept the whole Cake to her felf, in regard that being to chufe too, fhe divided accordingly. Wherfore if the Senat have any farther power thanto divide, the Commonwealth can never be equal. But in a Commonwealth confift- in" of a fingle Council, there is no other to chufe than that which di- vided ; whence it is, that fuch a Council fails not to fcramble, that is, to be fa£lious, there being no other dividing of the Cake in that cafe but among themfelves. NOR is there any remedy but to have another Council to chufe. The Wifdom of the Few may be the Light of Mankind ; but the In- tereftof the Few is not the Profit of Mankind, nor of a Common- wealth. Wherfore feeing we have granted Interefl: to be Reafon, they muft not chufe, left it put out their Light. But as the Council divi- ding confifts of the Wifdom of the Commonwealth, fo the AlTembly or Council chufing fliould confift of the Intereft of the Common- wealth : as the Wifdom of the Commonwealth is in the Ariftocracy, fo the Intereft of the Commonwealth is in the whole body of the Peo- ple. And wheras this, in cafe the Commonwealth confift of a whole Nation, istoounweildy abodytobeafrembIed,thisCouncilisto confift of fuch a Reprefentative as may be equal, and foconftituted, as can ne- ver contract any other Intereft than that of the whole People; the manner wherof, being fuch as is beft fhewn by Exemplification, I re- mit to the Model. But in the prefent cafe, the fix dividing, and the fourteen chufing, muft of neceflity take in the whole intereft of the twenty. DIVIDING and chufing in the language of a Commonwealth is debating and refolving ; and whatfoever upon debate of the Senat is propos'd to the People, and refolv'd by them, is ena«^ed * by the au- thority of the Fathers, and by the power of the People, which con-; curring, make a Law. [ TheMagipag. BUT the Lavv being made, fays Leviathan, m but Words' and Paper without the Hands and Swords of Men ; wherfore as thofe two Orders of a Commonwealth, namely the Senat and the People, are Legiflative, fo of neceffity there muft be a third to be executive of the Laws made, and this is the Magiftracy ; in which order, with the reft being wrought up by art, the Commonwealth confifts of the Senat fropofwg^ the Peopk rejbhing^ and the Magijlracy executing : wherby partaking of the Arifiocracy as in the Senat, of the Democracy as in the People, and of Monarchy as in the Magiftracy, it is complete. Now there being no other Commonwealth but this in Art or Nature, it is no wonder ifMAccHiAvEL has fhew'd us that the Antients held this only to be good ; but it feemsftrange to me, that they fhould hold that there could be any other : for if there be fuch a thing as pure Mo- narchy^ yet that there fliould be fuch a one as pure Arifiocracy, or pure Democracy, is not in my underftanding. But the Magiftracy both in number and funftion is different in different Commonwealths. Ne- verthelefs there is one condition of it that muft be tlie fame in every one, or in diffolves the Commonwealth where it is wanting. And this is no lefs than that as the hand of the Magiftrat is the executive "^Aiithoriratc Patrum& juffu Popiili. 1 Power OCEANA. 49 Power of the Law, fo the head of the Magiftrat is anfwerable tothe People that his execution be according to the Law ; by which Levi a- T H A N may fee that the hand or fword that executes the Law is in it, and not above it. NOW whether I have rightly tranfcrib'd thefe Principles o? ?iThcOrd:rsof a Commonwealth out of Nature, I Iliall appeal to God and to the J;°^'"~/'''-' World. To God in the Fabric of the Commonwealth of Jfirael: and as'tbjt"'^''^'' to the World in the univerfal Series of antient Prudence. But in regard the fame Commonwealths will be open'd at large in the Coun- cil of Legiflators, 1 fhall touch them for the prefent but flightly, be- ginning with that of Ifrael. THE Commonwealth of Jfrael confifted of the Senat, the People, of m-ad. and the Magiftracy. THE People by their firftdivifion, which was genealogical, were contaio'd under their thirteen Tribes, Houfes, or Familys ; wherof the firflbo:n in each was Prince of his Tribe, and had the leading of it : Numb. r. the Tribe of Levi only being fet apart to ferve at the Altar, had no other Prince but the High Prieft, In their fecond divifion they were divided locally by their Agrarian, or the difl-ribution of the Land ofjo(]i.c/;. ij.fo C4»44;? to them by lot, the Tithe of all remaining to Levi; whence "^^^ 42. according to their local divifion, the Tribes are reckon'd but twelve. THE Affemblys of the People thus divided w^ere methodically ga- The Peopk. ther'd by Trumpets to the Congregation ; which was, it lliould feem, j^^^^^^^ ^^ of two forts. For if it were call'd by one Trumpet only, the Princes of the Tribes and the Elders only aflembrd ; but if it were cairdf^^^j, j^, with two, the whole People gather'd themfelves to the Congregation, Numb. 10. 3; for fo it is rendered by the Englifh : but in the Greec it is call'd Ecclefia, jQdg. 20. 2. or the Church of God, and by the Talmudtjl, the great Synagog. The word Ecclejia was alfo antiently and properly us'd for the Civil Congregations or AfTemblys of the People m Athens^ Lacedemotiy and Ephefm^ where it is fo call'd in Scripture, tho it beotherwife render'dAfts 19. 23. by the Tranflators, not much as I conceive to their commendation, feeing by that means they have loft us a good leflbn, the Apoilles bor- rowing that name for their fpiritual Congregations, to the end that we mightfeethey intended the Government of the Church to beDemo- cratical or Popular, as is alfo plain in the reft of their Conlf itutions. THE Church or C ongregation of the People of Ifrael aflembl'd in a military manner, and had the refult of the Commonwealth, or Judg. 20. 2* the power of confirming all their Laws, tho propos'd even by God himfelf; as where they make him King; and where they ie-E^°d.i9. jeft or depofe him as Civil Magiftrat, and eleQ: Sau/. It is ma- 1 Sam. 8. ji nifeft that he gives no fuch example to a Legiflator in a popu- lar Government as to deny or evade the power of the People, which were a contradiction : but tho he defervedly blames the ingra- titude of the People in that adtion, he commands Samuel, being next under himfelf Supreme Magiftrat, to hearken to their Voice (for where the fuftrage of the People gos for nothing, it is no Commonwealth) and comforts him, faying, They have not rejected thee, but they have rejeBed me that I jhould not reign over them. But to rejeft him that he fhould not reign over them, was as Civil Magiftrat to depofe him. The Power therfore which the People had to depofe even God himfelf as he was Civil Magiftrat, leaves little doubt but that they had power to have rejefted any of thofe Laws confirm'd by them throout the H Scrip. 50 OCEANA. Dcuc.29. Scripture, which (to omit the feveral parcels) arc generally contain'd under two heads, thofe that were made by Covenant with the People in the Land of Moab^ and thofe which were made by Covenant with the People in Hore^ : which two, I think, amount to the whole body of the IfraelitijJy Laws. But if all and every one of the Lawsof //r/ie/ being propos'd by God, were no other wife enafted than by Cove- nant with the People, then that only which was refolv'd by the People of T/r^e/ was their Law ; and fo the rcfult of that Commonwealth was in the People. Nor had the People the refult only in matter of Law, joni.7,15. but the Power in fom cafes of Judicature; as alfo the right of levying ju g.2o. »9''\;y2j.. cognizance in matter of Religion; and the eleclion of their 1 Sam.7.<5,7,8. Magiftrats, as the Judg or Diftator, the King, the Prince: which ^ch"^"" 'o^' funftions were exercis'd by the Sjnagoga magna or Congregation of If- ]udg°i i ^i i'^' rael, not always in one manner; for fomtimes they were perform'd I Sam. 10. 17. by the fuftrage of the People, 'viva 'voce ; fomtimes by the Lot only ; j^^oj^^'^'^5.andat others by the Ballot, or by a mixture of the Lot with theSuf- joih-V! ' ' frage, as in the cafe of E l d a t) and M e d a d, which I fhall open I Sam. 10. with the Senat. The Senat. T H E Senat of Ifrael, call'd in the Old Teftament the feventy Elder Sy zn^xnxh&Ktv^ xht Sanhedrim (which word is ufually tranflated the Numb. II. Council) was appointed by God, and confifted of Seventy Elders be- Deut I. fides Moses, which were at firfl: elefted by the People ; but in what Numb. II. manner is rather intimated than fliewn. Neverthdefs, becaufe I can- not otherwife underftand the paflage concerning El d a d and M e- D A D, of whom it is faid, that they were of them that were written, but went not uf to the Tabernacle., then with the Talmudifts, I conceive' that E L D A D and M e d a d had the fufFrage of the Tribes, and fo were written as Competitors for Magiflracy ; but coming afterwards to the lot, faiPd of it, and therfore went not up to the Tabernacle, or place of Confirmation by God, or to the Seflionhoufe of the Senat with the Seventy upon whom the lot fell to be Senators : lor the Seflionhoufe of the Sanhedrim was firft in the Court of the Tabernacle, and afterwards in that of the Temple, where it came to be call'd the ftone Chamber John, or Pavement. If this were the Ballot of Ifrael, that of Venice is tiie fame tranfpos'd : for in Venice the Competitor is chofen as it were by the lot, in regard that the Eleftors are fo made, and theMagiftrat is chofen by the Suffrage of the great Council or Ajfemhlj of the People. But the Sanhedrim of Ifrael being thus conftituted, M o s e s for his time, and after him his SuccefTor, fatin the midfl of \t[as Prince or Jrchon, and at his left hand the Orator or Father of the Senat ; the refl of the bench coming round with either horn like a Crefcent, had a Scribe at- tending upon the tip of it. THIS Senat, in regard the Legiflator of Ifrael was infallible, and the Laws given by God fuch as were not fit to be alter'd by men, is much different in the exercife of their Power from all other Senats, ex- cept that of the Areofagtts in Athens., which alfo was little more than a Supreme Judicatory ; tor it will hardly, as I conceive, be found that the Sanhedrim propos'd to the People till the return of the Children of Jfrael out of Captivity under Efdras., at which time there was a new Law made, namely, for a kind of Excommunication, or rather Ba- nilhment, which had never bin before in Ifrael. Neverthelefs it is not to be thought that the Sanhedrim had not always that right, which ^ from tlie time of Efdras it more frequently exercis'd, of propofing to t the OCEANA. 51 the People, bu^ that they forbore it in regard of the fulnefs and infalli- bility of the Law already made, wherby it was needlefs. Wherfore the funftion of tiiis Council, which is very rare in a Senat, was exe- Tb; Mxgiflracyi cutive, and confilled in the adminiftration of the Law made; and wheras the Council it fclf is often underftood in Scripture by the Priefi: Deuc. 17. p, and theLevit, there is no more in that fave only that the Priefts and ^°> "■ the Levits, who otherwife had no Power at all, being in the younger years of this Commonwealth, thofe that were belt iludv'd in the Laws were the niofl; frequently eleftcd into the Sanhedrim. For the Courts confifting of three and twenty Elders fitting in the Gates of every City, and the Triumvir At s of Judges coniiituted almofl: in every Village, which were parts of the executive Magiftracy fubordinat to the Sanhedrim^ I fliall take them at better leifurc, and in the larger Difcourfe ; but thefe being that part of this Commonwealth v\hich was inftituted by M o s e s upon the advice of J e t h r o the Prieft Exod. 18; of M/dia» (as I conceive a Heathen) are tome a fufficient warrant even from God himfclf who confirm'd them, to make farther ufe of human Prudence, wherever I find it bearing a Teftimony to it felf,- whether in Heathen Commonwealths or others : And the rather, be- caufe fo it is, that we who have the holy Scriptures, and in them the Original of a Commonwealth, made by the fame hand that made the World,are either altogether blind or neghgent of it ; while the Heathens Iiave all written theirs, as if they had had no other Copy : As, to be more brief in the prefent account of that which you fhall have more at large hereafter ; ATHENS confifted of the Senat of the Bea» propofing, of the of Acheas. Church or Affembly of the People rcfolving, and too often debating, which was the ruin of it; as alfo of the Senat of the Arop.igits, the nine Archons, with divers other Magiftrats executing. LACEDEMON confiftcd of the Senat propofing; of thec/Lacedemoa Church or Congregation of the People refolving only and never de- bating, which was the long life of it; and of the two Kings, the Court of the Ephors, with divers other Magiftrats executing. CARTHAGE confifted of the Senat propofing and fomtimeso/ Canhage. refolving too ; of the People refolVing and fomtimes debating too, for which fault fhe was reprehended by Aristotle; and fhe had lier Sufetes, and her hundred Men, with other Magiftrats executing. ROME confifted of the Senat propofing, the Cofscio or People of Rome.' refolving, and too often debating, which caus'd her ftorms; as alfo of the Confuls, Cenfors, JEd'ih, Tribuns, Pretors, Queftors, and other Magiftrats executing. VENICE confifts of the Senat or Pregati piopofing, and fom- of Venice, times refolving too ; of the great Council or Affembly of the People, in whom the refult is conftitutively ; as alfo of the Doge, the Signory, the Cenfors, the Died, the Quazancies^ and other Magiffrats executing. THE proceding of the Commonwealths of Switzerland and o/Switzerland Holland is oi^ a like nature, tho after a more obfcure manner: for the"'"' "°"''"'^' Soveraintys, whether Cantons, Provinces, or City-, which are the People, fend their Deputys commifTion'd and inftrufted by themfelves ( wherin they referve the Refult in their own power ) to the Provincial or general Convention, or Senat, where the Deputies debate, but have ' no other power of Refult than what was confer'd upon them by the People, or is farther confer'd by the fame upon farther oGcafion, And H 2 for 52 OCEANA. for the executive part they have Magiftrats or Judges in every Canton, Pi evince or City, befidesthofe which are more public, and relate to the League, as for adjufting Controverfies between one Canton, Pro- vince or Cit), and another ; or the like between fuch perfons as are not of the fame Canton, Province or City. BUT that we may obferve a little farther how the Heathen Po- liticians have written, not only out of Nature, but as it were out of Scripture : As in the Commonwealth of IJi'ael God is faid to have bin King ; fo the Commonwealth where tlie Law is King, is faid by Aristotle to he the Kjngdom of God. And where by the Lulls or Paflions of Men a Power is fet above that of the Law deriving from Reafon, which is the diktat of God, God in that fenfe is rejefttd or depos'd that he fhould not reign over them, as he was in IJrael. Pas, 170. And yet Leviathan will have it, that by reading of thefe Greec and Latin (he might as well in this fen (I: have faid Hfbrew^ Author s^ young Men., and all others that are unprovided of the antidot of foltd Rea- fon, receiving a jlrong and delightful tmpreffion of the great Exploits of War., atchiev^d by the ConduBors of their Armys, receive withal a tleafing Idea of all they have don befides; andimagin their great proffer ity not to have procededfrom the emulation of particular Men., but from the virtue of their popular form of Government, not conftdering the frequent Seditions and Civil Wars produc'd by the imperfeBion oj their Polity. Where, firft, the blame he lays to the Heathen Authors is in his fenfe laid to the Scripture ; and wheras he holds them to be young Men, or Men of no antidot that are of like opinions, it fhould feem that M A c c H I A v E L, the fole retriever of this antient Prudence, is to hisfolid Reafon a beard lefs Boy that has newly read Livy. And how folid his Reafon is, may appear, where he grants the great profpe- rity of antient Commonwealths, which is to give up the Controverfy. For fuch an effeft mufl: have fom adequat caufe ; which to evade he infinuats that it was nothing elfe but the emulation of particular Men : as if fo great an Emulation could have bin generated without as great Virtue ; fo great Virtue without the beft Education ; the bed Educa- tion without the beft Laws ; or the beft Laws any otherwife than by the excellency of their Polity. B U T if fom of thefe Commonwealths, as being lefs perfeft in their Polity than others, have bin more feditious, it is not more an ar- gument of the infirmity of this or that Commonwealth in particular, than of the excellency of that kind of Polity in general ; which if they, that have not altogether reach'd, have neverthelefs had greater profperity, what would befal them that fhould reach ? I N anfwer to which Queftion let me invite Leviathan, who of all other Governments gives the advantage to Monarchy for per- feftion, to a better difquifition of it by thefe three affertions. THE firft. That the perfedion of Government iys upon fuch a libration in the frame of it, that no Man or Men in or under it can have the intereft ; or having the intereft, can have the power to difturb it with Sedition. THE fecond. That Monarchy, reaching the perfedion of the kind, reaches not to the perfeftion of Government ; but muft have fom dan- gerous flaw in it. THE third. That popular Government, reaching the perfeftion of the kind, reaches the perfedion of Government, and has no flaw in it. THE firft aflertion requires no proof. FOR OCEANA, 55 FOR the proof of the fecond ; Monarchy, as has bin (Iiewn, is of two kinds, the one by Arms, the other by a Nobility, and there is no other kind in Art or Nature : for if there have bin antiently fom Governments cal'l'd Kingdoms, as one of the Goths in Spai/j, and ano- ther of the Vandds in Afriat, where the King rul'd wirhout a Nobi- lity, and by a Council of the People only ; it is exprefly faid by the Authors that mention them, that the Kings were but the Captains, and that the People not only gave them Laws, but depos'd them as often as they pleas'd. Nor is it poflible in reafon that it fliould be other- wife in like cafes ; wherfore thefe were either no Monarchys, or had greater flaws in them than any other. BUT for a Monarchy by Arms, as that of the Turc ( which of all models that ever were coms up to the perfeftipn of the kind > it is not in the wit or power of Man to cure it of this dangerous flaw. That the Janizarys have frequent interell: and perpetual power to raife Sedition, and to tear the Magiflrat, even the Prince himfelf, in pieces* Therfore the Monarchy of Turky is no perfect Government. AND for a Monarchy by a Nobility, as of late in Ocemn (which of all other models before the declination of it came up to the per- fe£lion in that kind ) it was not in the power or wit of Man to cure it of that dangerous flaw, That the Nobility had frequent interell and perpetual power by their Retainers and Tenants to raife Sedition ; and (wherasthe jf/iw^^rjj- occafion this kind of Calamity no fooner than they make an end of it ) to levy a lafting War, to the vafl: effufion of Blood, and that even upon occafions wherin the People, but for their dependence upon their Lords, had no concernment, as in the feud of the B^edznA White. The like has bin frequent in Spain, Frame, Ger- mmy^ and other Monarchys of this kind ; wherfore Monarchy by a Nobility is no perfeQ: Government. FOR the proof of the third alTertion ; Leviathan yields it to me, that there is no other Commonwealth but Monarchical or Popular ; wherfore if no Monarchy be a perfeft Government, then either there is no perfeft Government, or it mufi: be popular ; for which kind of Conftitution I have fomthing more to fay, than Leviathan has faid or ever will be able to fay for Monarchy. As, FIRST, That it is the Government that was never conquer'd by any Monarch, from the beginning of the World to this day ; for if the Commonwealths of Greece came under the yoke of the Kings of Ma- cedo'/iy they were firft broken by themfelves. SECONDLY, That it is the Government that has frequently led mighty Monarchs in Triumph. THIRDLY, That it is the Government, which, if it has bin feditious, it has not bin fo from any imperfeftion in the kind, but in the particular Conftitution ; which, wherever the like has happen'd, muft have bin inequal. FOURTHLY, That it is the Government, which, if it has bin any thing near equal, was never feditious ; or let him fhevi^ me what Sedition has happen'd in Lacedemcn or Venice. FIFTHLY, That it is the Government, which, attaining to perfefl: equality, has fdch a libration in the frame of it, that no Man living can fiiew which way any Man or Men, in or under it, can con- tract any fuch Intereft or Power as fhould be able to difturb the Com- monwealth with Sedition j wherfore an equal Commonwealth is that only 54 Divifim of Cmnmon- tvealths. Equal Agra- rian. Rotation. Fnlorjgat'ion Magijirac). Battot. OCEANA. only -which is without flaw, and contains in it the full perfeftion of Government. But to return. BY what has bin fhewn in Reafon and Experience it may appear, that tho Commonwealths in general be Governments of the Scnat pro- pofing, the People refolving, and the Magiftracy executing ; yet fom are not fo good at thefe Orders as others, thro fom impediment or de- feft in the frame, balance, or capacity of them, according to which they are of divers kinds. THE firft divifion of them is into fuch as are fingle, as Ifrael, Athens, Lncedemon, &c. and fuch as are by Leagues, as thofe of the Achecins^ EtoliaKS, Lyceam., Switz,^ and Hollanders. THE fecond (being Macchiavel's) is into fuch as are for prefervation, as Lacedemon and Venice^ and fuch as aie for increafe, as Athens and Rome ; in which I can fee no more than that the former takes in no more Citizens than are neceflliry for defence, and the latter fo many as are capable of increafe. T H E third divifion (unfeen hitherto) is into equal and inequal, and this is the main point, efpecially as to domeftic Peace and Tranquil- hty ; for to make a Commonwealth inequal, is to divide it into partys, which fets them at perpetual variance, the one party endeavoring to preferve their Eminence and Inequality, and the other to attain to Equality : whence the People of Rome deriv'd their perpetual ftrife with the Nobility or Senat. But in an equal Commonwealth there can be no more ftrife than there can be overbalance in equal weights; wherfore the Commonwealth of Venice^ being that which of all others is the molf equal in the Conftitution, is that wherin there never hap- pened any ftrife between the Senat and the People. A N equal Commonwealth is fuch a one as is equal both in the balance or foundation, and in the fupcrftrufture ; that is to fay, in her Agrarian Law, and in her Rotation. AN equal Agrarian is a perpetual Law eftablifhing and preferving the balance of Dominion by fuch a diftribution, that no one Man or number of Men, within the compafs of the Few or Arijlocracy, can com to overpower the whole People by their polfeffions in Lands. A S the Agrarian anfwers to the Foundation, fo dos Rotation to the SuperftrutKires. E du A L Rotation is equal viciflfitude in Government, or fuccef- fion to Magiftracy confer'd for fuch convenient terms, enjoying equal vacations, as take in the whole body by parts, fucceding others, thro the free eledion or fuffrage of the People. of THE contrary wherunto is prolongation of Magiftracy, which, trafhing the wheel of Rotation, deftroys the life or natural motion of a Commonwealth. THE eleftion or fuftrage of the People is moft free, where it is made or given in fuch a manner, that it can neither oblige * nor difob- lige another ; nor thro fear of an Enemy, or baflifulnefs towards a Friend, impair a Man's liberty. W H E R F O R E, fays C I c E R o, t the Tablet or Ballot of the People of Rome ( who gave their Votes by throwing Tablets or little pieces of Wood fecretly into Urns mark'd tor the negative or affirma- '^ Qui bcneficium accepit libertatem vcndidic. t Gr.itJ populo eft cabella oua- fronces aperic hominum, menres regit, datqiie earn liberratem ut quod vcliiic tiiciant. tive) OCEANA, 55 tire ) was a welcom Conftitutlon to the People, as that which, cot im- pairing the aflbrance of their brows, increas'd the freedom of theil- Judgment. I have not flood upon a more particular defcription of this Ballot, becaufe that of Venice exemplify'd in the Model is of all others the moft perfeQ:. A N equal Commomvedth (by that which has bin faid ) is a Govern- Definition of '.m ment ejlahlijiid iipn m eo[ual Agrarian, arifing into the Suferfiruciures ^?'"^' '^<""«"'- or three Orders, the Senat debating and propojing, the People refolving^ and the Magijiracy executing by an equal Rotation thro the fuffra^e of the Feople given by the Ballot. For tho Rotation may be without the Bailor, and the Ballot without Rotation, yet the Ballot not only as to the infuing Model includes both, but is by far the moft equal way ; for which caufc under the name of the Ballot I fliall hereafter under- ftand both that and Rotation too. NOW having reafon'd the Principles of an equal Commonwealth, I fliould com to give an inftance of fuch a one in experience, if I could find it ; but if this work be of any value, it lys in that it is the firfl example of a Commonwealth that is perfeQIy equal. For Venice^ tho it coms the neareft, yet is a Commonwealth for prefervation ; and fuch a one, confidering the paucity of Citizens taken in, and the num- ber not taken in, is externally unequal : and tho every Commonwealth that holds Provinces muft in that regard be fuch, yet not to that degree. Neverthelefs Venice internally, and for her capacity, is by far the moil equal, tho it has not in my judgment arriv'd at the full perfection of equality ; both becaufe her Laws fupplyingthe defeft of an Agrarian, are not fo clear nor eflPeftual at the Foundation, nor her Superftruftures by the virtue of her Ballot or Rotation exa£lly librated ; in regard that thro the paucity of her Citizens, her greater Magiflracys are conti- nually wheel'd thro a few hands, as is confeft by J a n o t t i where he fays, that if a Gentleman coms once to be Savio di terra ferma, it feldom happens that he fails from thenceforward to beadorn'd with fom one of the greater Magifi:racys, as ^avi di mare, Savi di terra fer~ ma, Savi Grandi, Counfellors, thofe of the Decemvirat or Diclatorian Council, the Aurogatori or Cenfors which require no vacation or in- terval. Wherfore if this in Venice, or that in Lacedemon, wheie the Kings were hereditary, and the Senators ( tho eleded by the People) for life, caufe no inequality ( which is hard to be conceiv'd ) in a Commonwealth for prefervation, or fuch a one as confifts of a few Ci- tizens ; yet is it manifefi:, that it would caufe a very great one in a Commonwealth for increafe, or confining of the Many, which by in- groding the Magiftracys in a few hands, would be obflrufted in their Rotation. BUT there be who fay (and think it a ftrong Objeftion) that Jet 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, notwithftand- ing the pretended fufficiency of a popular Stare, Amounts to a plain confeffion of the imbecillity of that Policy, and of the Prerogative of Monarchy : for as much as popular Governments in difficult cafes have had recourfe to Didlatorian Power, as in Rome. T which I anfwer. That as Truth is a fpark to which Objecti- ons are like bellows, fo in this refpeft our Commonwealth fliines ; for the Eminence acquir'd by fuftVage of the People in a Commonwealth, efpecially if it be popular and equal, can be afcended by no other fteps than 56 OCEANA. than the univerfal acknowlegement of Virtue : and where men excel in Virtue, the Commonwealth is ftupid and injuft, 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 fervices. Thefe are the Philofophers which Plato would have to be Princes, the Princes which Solomon would have to be mounted, and their Steeds are thofe of Authority, not Empire ; or, if they be buckl'd to the Chariot of Empire, as that of the Difta- torian 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, fo is this the Principality of Virtue, and not of Man ; if that fail or fet in one, it rifes in another * who is created his immediat SuccefTor. And this takes away that vanity from under the Sun, which is an Error proceding more or lefs from all other Rulers under Heaven but an equal Commonwealth. THESE things confider'd, it will be convenient in this place to fpeak a word to fuch as go about to infinuat to the Nobihty or Gentry a fear of the People, or to the People a fear of the Nobility or Gentry, as if their interefts were deftruftive to each other ; when indeed an Army may as well confifl: of Soldiers without Officers, or of Officers without Soldiers, as a Commonwealth (efpecially fuch a one as is ca- pable of Greatnefs) of a People without a Gentry, or of a Gentry without a People. Wherfore this (tho not always fo intended, as may appear by Macchiavel, who elfe would be guilty) is a pernici- ous error. There is fomthing firfb in the making of a Commonwealth, then in the governing of it, and laft of all in the leading of its Armys ; which (tho there be great Divines, great Lawyers, great men in all profeffions) feems to be peculiar only to the Genius of a Gentleman. For fo it is in the univerfal feries of Story, that if any man has found- ed a Commonwealth, he was firft a Gentleman. Moses had his Education by the Daughter of Pharaoh; Theseus and So- lon, of noble Birth, were held by xht JtheniAns worthy to be Kings ; Lycurgus v/as of the Royal Blood ; Romulus and Nu m a Princes; Brutus and Publicol a Prfma^;/^ ; theGRAccHi, that loft their lives for the People of Rome and the reftitution of that Commonwealth,were the Sons of a Father adorn'd with two Triumphs, and of Cornelia the Daughter of S c i p i o, who being demand- ed in marriage by King P t o l o m y, difdain'd to becom the Queen of Egypt. And the moft renown'd OLPHAUSMEGALETOR,fole Legiflator (as you will fee anon) of the Commonwealth of Oceanay was deriv'd from a noble Family : nor will it be any occafion of fcru- ple in this cafe, that Leviathan affirms the Politics to be no anti- enter than his Book de Cive. Such alfo as have got any fame in the Ci- vil Government of a Commonwealth, or by the leading of its Armys, have bin Gentlemen ; for fo in all other refpefts were thofe plebeian Magiftrats elefted by the People of Rome^ being of known Defcents, and ofequal Virtues,except only that they were excluded from the name by the Ufurpation of the Patricians. Holland, thro this defeft at home, has borrow'd Princes for Generals, and Gentlemen of divers Nations for Commanders: And the Smtzers, if they have any defedinthis * Uno avulfo, non deficit alter Aureus, & fmiili frondclcic virga met.illo. t kind. OCEANA. 57 kind, rather lend their People to the Colors of otlier Princes, than make that noble ufe of them at home, which iliould alTert the Liberty of Mankind. For where tiiere is not a Nobility to hearten the People, they are flothful, regardlefs of the World, and of the public intereft of Liberty, as even thofe of Rof^e had bin without their Gentry : wherfore let the People embrace the Gentry in peace, as the light of their eys ; and in war, as the trophy of their arms. And if Cor- nelia difdain'd to be Qiieen of Eg}ft, if a Rom.in C onful look'd down from his Tribunal upon the greateft King ; let the Nobility love and cherifh the People that afford them a Throne fo much higher in a Commonwealth, in the acknowlegement of their Virtue, than the Crowns of Monarchs. BUT if the equality of a Commonwealth confift in the equality firft: '^" '"'i"^^ of the Agrarian, and next of the Rotation, then the inequality of ^^"'"'"'"'^^'^'^^f Commonwealth mull: confift in the abfence or inequality of the Agra- rian, or of the Rotation, or of both. ISRAEL and Lacedemon, which Commonwealths (ns the People of this, in Jo s e p h u s, claims kindred of that) have great refemblance, were each of them equal in their Agrarian, and mcqual in their Rota- tion ; cfpecially Ijyael^ where the Sanhedrim or Senat, firft elefted by the People, as appears by the words of Moses, took upon them Deuc. r, ever after, without any precept of God, tofubftitute their SuccelTors by Ordination ; which having bin there of civil ufe, as Excommunica- tion, Community of Goods, and other Cuftoms of the Ejfeans, who were many of them converted, came afterward to be introduc'd into the Chriftian Church. And the eleftion of the Judg, Sujfes or Dida- tor, was irregular, both for the occafion, the term, and the vacation of that Magiftracy ; as you find in the Book of Judges^ wheie it is of- ten repeated, That in thofe days there was no King in Ifrael^ that is, no Judg : and in the firft of Samuel, where Ely judg'd Ifrael forty )ears, and Samuel all his life. In Lacedemon the eledion of the Senat being by fufFrage of the People, tho for life, was not altogether fo inequal ; yet the hereditaiy Right of Kings, were it not for the Agrarian, had ruin'd her. ATHENS and Rome were inequal as to their Agrarian, that of Athens being infirm, and this of Rome none at all ; for if it were more antiendy carry'd, ,it M'as never obferv'd. Whence by the time of T i- B E R I u s G E. A c c H u s the Nobility had almoft eaten the People quite out of their I-ands, which they held in the occupation of Tenants and Servants: Wherupon, the remedy being too late, and too vehemently apply'd, that Commonwealth was ruin'd. THESE alfo were inequal in their Rotation, but in a contrary manner. Athens, in regard that the Senat (chofen at once by 1 t, not by furtrage, and chang'd every j ear, not in part, but in the whole) con- fifted not of the natural Ariftocracy ; nor fittirg long enough to under- ftand, or to be perfect in their office, had no lufficient Authority to reftrain the People from that perpetual Turbulence in the end, which was their ruin, notwithftanding the efforts of Nicias, who did all a man could do to help it. But as Athens by the headinefs of the Peo- ple, fo Rome fell by the Ambition of the Nobility, thro the want of an equal Rotation ; which, if the People had got into the Senat, and timely into the M3giftrac)'s (wherof the former was always ufurp'd I by 58 OCEANA. by the Patricians, and the latter for the mofl; part) they had both car- ry'd and Iicld their Agrarian, and that had render'd that Common- wealth immovable. BUT let a Commonwealth be equal or inequal, it muft confifl:, as has bin fliewn by Reafon and all Experience, of the three general Or- ders ; that is to fay, of the Senat debating and propofing, of the Peo- ple refolving, and of the Magiftracy executing. Wherfore I can never wonder enough at Leviathan, who, without any reafon or ex- ample, will have it, that a Commonwealth confifts of a fingle Perfon, or of a fingle Affcmbly ; nor can I fufficiently pity thofe thou f^fid Gen- tlemen, tvhofe Minds, which othenvife xvould have wavered, he has framed (as is affirm'd by himfelf) into a confcientious obedience (for fo he is pleas'd to call it) of fuch a Government. B U T to finifli this part of the Difcourfe, which I intend for as com- plete an Epitome of antient Prudence, and in that of the whole Art of Politics, as I am able to frame in fo fborta time ; THE two firlt Orders, that is to fay, the Senat and the People, arc Legiflative, wherunto anfwers that part of this Science whicli by Poli- ticians is intitl'd ^ of Laws ; and the third Order is executive, to which anfwers that part of the fame Science which is flil'd f of the Frame and Courfe of Courts or Judicatorjs. A word to each of thefe will be necefTary. Of Laws. AND fiift for Laws, they are either Ecclefiaflical or Civil, fuch as concern Religion or Government. LAWS Ecclefiaflical, or fuch as concern Religion, according to the iiniverfalcourfeof antient Prudence, are in the power of the Magi- flrat ; but according to the common pradlice oi modern Prudence, fince the Papacy, torn out of his hands. BUT, as a Government pretending to Liberty, and yetfupprelTing Liberty of Confcience (which, becaufe Religion not according to a man's Confcience can to him be none at all, is the main) mult be a contra diftion ; fo, a man that, pleading for the Liberty of privat Con- fcience, ref ufes Liberty to the National Confcience, mull be abfurd. A COMMONWEALTH is nothing elfe but the National Confcience. And if the conviftion of a mans privat Confcience pro- duces his privat Religion, the conviftion of the national C onfcience muff produce a national Religion. Whether this be well reafon'd, as alfo whether thefe two may ihnd together, will befl be fliewn by the examples of the antient Commonwealths taken in their order. I N that of Ifrael the Government of the National Religion apper- tain'd not to the Priefts and Levits, otherwife than as they happen'd to be of the Sanhedrim or Senat, to which they had no right at all but by eleftion. It is in this capacity therfore that the People are commanded Deut. 17. under pain of death to hearken to them, and to do according to the fen- tence of the haw which they fljould teach ; but in Ifrael the Law Ecclefia- ftical ,ind Civil was the fame, therfore the Sanhedrim having the pow- er of one, had the power of both. But as the National Religion ap- pertained to the Jurifdiflion of the Sanhedrim, fo the Liberty of Con- science appertained, from the fame date, and by the fame right, to the iDett, 18. 10. Piophets and their Difciples ; as where it is faid, / wiii rai(e up a Pro- * De Legibus. f De Judiciis. ^; ,,, 'i fhet OCEANA, 59 fhet A»d whoever will not hearken to my words which he (hall /peak 14 my name, I will require it cj htm. The words relate to prophetic Right, which was above all the Orders of this Commonwealth ; whence Elijah not only refus'd to obey the King, hut deftroy'd his 2 Kings i. Melfengers with frre. And wheras it was not lawful by the Natio^ nal Religion to facrifice in any other place than the Temple, a Prophet was his own Temple, and might facrifice where he would, as E l i- j A H did in Mount Carmel. By this right John the Baptifi and our i Kings iS.ic Savior, to whom it more particularly related, had their Difciples, and taught the People ; whence is deriv'd our prefent right of GATHER'D CONGREGATIONS: Wherfore the Chriftian Religion grew up according to the Orders of the Commonwealth of Ifrael, and not^ againft them. Nor was Liberty of Confcience rnfring'd by this Go- vernment, till the civil Liberty of the fame was loft, as under He- R o D, P I L A T, and Tiberius, a threepil'd Tyranny. TO precede, Athens preferv'd her Religion, by the teftimony of Paul, with great Superftition : If A l c i b i a d e s, that Atheillical fellow, had not fliew'd them a pair of heels, they had fhaven off his head for fhaving their M e r c u r y s, and making their Gods look ridicu- loufly upon them without beards. Neverthelefs, if Paul reafon'd with them, they lov'd news, for which he was the more welcom ; and if he converted D i o n y s i us the Jreopagit, that is, one of the Sena- tors, there follow'd neither any hurt to him, nor lofs of honor to D I o N Y s I u s. And for Rome, if C i c e r o, in his molt excellent Book de natura Deorum, overthrew the National Religion of that Commonwealth, he was never the farther from being Conful. But there is a meannefs and poornefs in modern Prudence, not only to the damage of Civil Government, but of Religion it felf: for to make a man in matter of Religion, which admits not of fenfible demonftrati- on fjurare in verba Magiftri) engage to believe no otherwife than is believ'd by my Lord Bifhop, or Goodman Presbyter, is a Pedantifin, that has made the Sword to be a Rod in the hands of Schoolmafters j by which means, wheras the Chriftian Religion is thefartheft of any from countenancing War, there never was a War of Religion but fince Chriftianity : For which we are beholden to the Pope ; for the Pope not giving liberty of Confcience to Princes and Commonwealths, they cannot give that to their Subjefts which they have not themfelves : whence both Princes and Subjefts either thro his inftigation, or their own difputes, have introduc'd that execrable cuftom, never known in the world before, of fighting for Religion, and denying the Magifl:rat to have any jurifdiftion concerning it ; wheras the Magifl;rats lofing the power of Religion lofes the Liberty of Confcience, which in that cafe has nothing to proteft it. But if the People be otherwife taught, it concerns them to look about them, and to diftinguifli between the fhrieking of the Lapwing, and the voice of the Turtle. TO com to Civil Laws, if they ftand one way and the balance a- • nother, it is the cafe of a Governraent which of neceflity muft be new model'd ; wherfore your Lawyers advifing you upon the like occafions to fit your Government to their Laws, are no more to be regarded, than your Taylor if he (hould defire you to fit your body to his dou- blet. There is alfo danger in the plaufible pretence of reforming the Law, except the Government be firft good, in which cafe it is a good I 2 Tree, 6o OCEANA. Tree, and (trouble not your fclves overmuch) brings not forth evil fruit; otherwife, if the Tree be evil, you can never letonn the fruit : or if a Root that is naught bring forth fruit of this kind that feems to be good, take the more heed, tor it is the ranker poifon. It was no- wife probable, if Augustus had not made excellent Li ws, that the bowels of Rome could have com to be fo miferabiy eaten out by the Tyranny of Tiberius and his SucceiTors. The bel^ Rule as to your Laws in general is, that they be iew. Rome by the tellimony of Cicero was beft govern'd under thofe of the twelve Tables ; and by that of Tacitus, Plurimx leges, corruptiffimn refpublica. You will be told. That where the Laws be few, they leave much to Arbi- trary Power ; but where they be many, they leave more : The Laws in this cafe, according to Justinian and the beft Lawyers, being as litigious as the Suitors. Sol on made few ; Ly cur g us fewer Laws : and Commonwealths have the feweft at this day of all other Governments. Of Courts. NOW to conclude this part with a word de JaMcips, or of the Conftitution or Courfe of Courts j it is a Difcourfe not otherwife capable of being well manag'd but by particular examples, both the Conftitution and Courfe of Courts being divers in different Govern- ments, but beft beyond compare in Vemce, where they regard not fo much the Arbitrary Power of their Courts, as the Conftitution of them ; wherby that Arbitrary Power being altogether unable to retard or do hurt to bufinefs, produces and muft produce the quickeft difpatch, and the moft righteous diftats of Juftice that are perhaps in human nature. The manner I fhall not ftand in this place to defcribe, becaufe it is ex- emplify'd at large in the Judicature of the People of Oceans. And thus much of antient Prudence, and the firft branch of this prelimina- ry Difcourfe. The I OCEANA. « 6i The Second Pan of the Preliminarys^ IN the fecond Part I fhall endeavor to fhew the Rife, Progrefs, and Declination of modern Prudence. THE date of this kind of Policy is to be computed, as was Hiewn, from thofe Inundations of Goths, Vandals, Huns, and Lom- bards, that overvvheImM the Roman Empire. But as there is no ap- pearance in the Bulk or Conftitution of modern Prudence, that it fhould ever have bin able to com up and grapple with the Antient, fo fomthing of neceflir}' muft have interpos'd, wherby this came to be enervated, and that to receive ftrength and incouragement. Aad this was the execrable Reign of the Roman Emperors taking rife from (that f(slix feeing) the Arms of C ^ s a r, in which ftorm the Ship of the Roman Commonwealth was forc'd to disburden it felf of that pre- cious Fraight, which never fince could emerge or raife its head but in the Gulf of Venice. IT is faid in Scripture, Thy evil is of thy felf Jfrael ! To which r^? Tranfitm anfwers that of the Moralilis, * A''one is hurt but by himfelf as alfo the "-^ "^"^'^"^ '"'* whole matter of the Politics ; at prefent this Example of the Romans ,^l^^ff ^'"" who, thro a negligence committed in their Agrarian Laws, let in the fink of Luxury, and forfeited the ineftimable Treafure of Liberty for themfelves and their Pofterity. THEIR Agrarian Laws were fuch, wherby their Lands ought to The Agrarian have bin divided among the People, either wixhout mention of a Co- ^'^^'' "f *'■'* lony, in which cafe they were not oblig'd to change their abode; q^^^'""'^"'- with mention and upon condition of a Colony, in whicli cafe they si^^onius da were to change their abode ; and leaving the City, to plant themfelves Ant. Ro. upon the Lands fo aflign'd. The Lands aflign'd, or that ouc^ht to have bin aflign'd in either of thefe ways, were of three kinds : Such as were taken from the Enemy and diftributed to the People ; or fuch as were taken from the Enemy, and under color of being referv'd to the Public ufe, were thro ftealth pofTefb by the Nobility ; or fuch as were bought with the Public Mony to be diftributed. Of the Laws offer'd in thefe cafes, thofe which divided the Lands taken from the Enemy, or purchas'd with the Public Mony, never occafion'd any difpute ; but fuch as drove at difpofleffing the Nobility of their Ufur- pations, and dividing the common furchafe of the Sword among the Peo- ple, were never touch'd but they caus'd Earthquakes, nor could they ever be obtain'd by the People ; or being obtain'd, be obfcrv'd by the Nobility, who not only preferv'd their prey, but growing vaftly rich upon it, bought the People by degrees quite out of thofe Shares that had been conter'd upon them. This the Gracchi coming too late to perceive, found the Balance of the Commonwealth to be loft ; but putting the People (when they had leafl: force ) by forcible means upon the recovery of it, did ill, feeing it neither could nor did tend to any more than to fliew them by vvorfe effefts, that what the Wifdom of their Leaders had difcover'd was true. For (quite contrary to what has happened in Oceana, where, the Balance falling to the Peo- * Nemo nocetur nifi ex fc, fie. Si OCEANA »/f, thef fuve overthrown the Nobility) that Nobility of Rome, under the conduft of Sylla, overthrew the People and the Common- wealth: feeing S\ ll a firfi: introduc'd that new Balance, which was Miiiury co/o- the Foundation of the fucceding Monarchy, in the plantation of Mi- ''•^^* litary Colonys, inftituted by his diftribution of the conquerld Lands, not now of Enemys, but of Citizens, to forty feven Legions of his Soldiers ; fo that how he came to be PERPETUAL DIC- TA 1" O R, or other Magiftrats to fuccede him in like Power, is no Miracle. The Balance of THESE Military Colonys (in which manner fucceding Empe- f/x-Ko/n^jfif/A-j-Qj-g (-Qj^j.jp,y5j^ 35 Augustus by the diftribution of the Feterans^ ^"'\ wherby he had overcom P. rut us and Cass i us, to plant their Soldiery ) confided of fuch as I conceive were tliey that are call'd Mi- lites beneficiaru ; 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. Thefe Benefices Alexander Sever us granted to the Heirs of the Incumbents, but upon the fame conditions. And fuch was the Dominion by which the Roman Emperors gave their Balance. But to the Beneficiarys, as was no lefs than necellary for the fafety of the Prince, a matter of eight thoufand by the Example of Augustus were added, which departed not from his fides, but were his perpetual Guard, call'd Pretsrian Bands ; tho thefe, according to the incurable flaw already obferv'd in this kind of Government, became the moffc frequent Butchers of their Lords that are to be found in Story. Thus far the Roman Monarchy is much the fame with that at this day in Turky, confifling of a Camp, and a Horfequarter ; a Camp in regard of the Spahys and JanizttrySy the perpetual Guard of the Prince, except they alfo chance to be li- quorilTi alter his Blood ; and a Horfequarter in regard of the difl:ributi- on ot his whole Land to Tenants for Life, upon condition of continual Seivice, or as often as they fhall be commanded at their own charge by Timars, being a word v/hich they fay fignifys Benefices, that it fhall fave me a labor of opening the Government. BUT the Fame of Mahomet and his Prudence, is efpecially founded in this, That wheras the Roman Monarchy, except that of J/rae/, was the moft imperfect, the Tiirkifb is the moft periefl: that ever was. Which happen'd in that the Roman (as the JJraelitifJj oi the Sanhedrim and the Congregation ) had a mixture of the Senat and the People ; and the Tarktjh is pure. And that this was pure, and the other mix'd, happen'd not thro the Wifdom of the Legiflators, but the different Genius of the Nations ; the People of the Eaffern Parts, except the Ifraehts, which is to be attributed to their Agrarian, having bin fuch as fcarce ever knew any other Condition than that of Slavery ; and thefe of the Weftern having ever had fuch a relifh of Liberty, as thro what defpairfoever could never be brought to ffand ftill while the Yoke was putting on their Necks, but by being fed with fom hopes of referving to themfelves fom part of their Freedom, WHERFORE Julius Cblsak (faith * Suetonius) Dion. contented himfelf in naming half the Magiffrats, to leave the rert to tlie fuffrage of the People. And M iE c e n a s, tho he would not have Augustus to give the People their Liberty, would not have hira * Comitia cum populo fortitus eft. take OCEANA. 63 take it quite away f. Wlience this Empire being neither Hawk nor Buzzard, made a flight accordingly ; and tlie Prince being perpetually toft (havingthe Avarice of the Soldiery on this hand to fatisfy upon the People, and the Senat and the People on the other to be defended from the Soldiery ) feldom dy'd any other death than by one Horn of this Dilemma^ as is noted more at large by M a c c h i a v e l. But P- "p- 19. the Pretoria^ Bands, thofe beftial executioners of their Captain's Ty- ranny upon others, and of their own upon him, having continued from the time of Augustus, were by C o n s t a n t i n the Great ( incens'd againft them for taking part with his AdverGry M a x e n- Tius) remov'd from their ftrongGarifon which they held in Rome and diftributed into divers Provinces. The Benefices of the Soldiers that were hitherto held for Life and upon Duty, were by t!iis Prince made Hereditary : fo that the whole Foundation wherupon this Em- pire was tirft built being now remov'd, fliews plainly, that the Em- perors muft long before this have found out fom other way of fupport ; andthis wasby llipendiatingthe Go/^^/, a People that, deriving their Jlcots from the Northern parts of Germany, or out of Sweden, had (thro their Viftorys obtain'd againft D o m i t i an ) long fince fpred their Branches to fo near a Neighborhood with the Roman Territorvs, that they began to overHiadow them. For t' e Emperors making ijfe of them in their Armys (as the French do at this day of the SivitzJ gave them that under the notion of a Stipend, which they received as Tribute, coming (if there were any default in the payment) fo often to diftrein for it, that in the time of Honorius they fack'd Rome, and polTeft themfelves of Italj/. And fuch was the tranfition of an- tient into modern Prudence ; or that breach which being fbllow'd in every part of the Roman Empire with Inundations of Vandals, Hans, Lombards, Franks, Saxons, overwhelm'd antient Languages, Learn- ing, Prudepce, Manners, Citys, changing the names of Rivers, Macchiavefa Country s, Seas, Mountains, and Men ; Camillus, Cjesar and P o M p E y, being com to Edmund, Richard, and G e f" FREY. TO open the Groundwork or Balance of thefe new VoXxtkhns i The OothkBx- Feudum, fays Calv i n the Lawyer, is a Go?/'/V word of divers fig-^^w''. nifications ; for it is taken either for War, or for a fojfefjion of conquer''d Lands, dijlributed by the Victor to fuch of hu Captains and Soldiers as had merited in his Wars, upon condition to acknotp/ege him to be their per- fetual Lord, and themjelves to be his Subjects. O F thefe there were three Kinds or Orders : The firft of Nobi- infiitutm of lity, difT:inguifh'd by the Titles of Duke-s, MarquifTes, Earls; andj)"'^'jj'">^''''" thefe being gratified with the Citys, Caftles, and Villages of the con-" ' '^^' quer'd Italians, their Feuds participated of Royal Dignity, and were call'd Regalia, by which they had right to coin Mony, create Magi- llrats, take Toll, Cuftoms, Confifcations, andthehke. FEUDS of the fecond Order were fuch as, with the confent of the King, were beftow'd by thefe Feudatory Princes upon men of infe- rior Quality, calPd their Barons, on condition that next to the King they fhould defend the Dignity s and Fortunes of their Lords in Arms. t Neque id esiftimare debes autorem me tihi efle, uc tyrannidem in S. P. ail. in fervitu- tcm redaftum ceneas : quod neque diccre meum, neque Ucere tauni efi THB 64 OCEANA, T H E lou'eft Order of Feuds were fuch as being confer'd by thofe of the fecond Order upon privat men, whether Noble or not Noble, oblig'd them in the Hke Duty to their Superiors ; thefe were call'd Fa- ziafors. /\nd this is the Gothic Balance, by which all the Kingdoms this day in Chriftendom were at firfl: erefted ; for which caufe, if I had time, I fliould open in this place the Empire of Germany^ and the Kingdoms of France^ Spam, and Poland : But fo much as has bin faid being fufficient for the difcovery of the Principles of modern Prudence in general, t fhall divide the remainder of my Difcourfe, which is more particular, into three parts. THE firft fhewing the Conftitution of the late Monarchy of Oceana,. THE fecond, the DifTolution of the fame. And THE third, the Generation of the prefent Commonwealth. THE Conftitution of the late Monarchy of Oceam is to be confi- der'd in relation to the different Nations by whom it has bin fuccef- fively fubdu'd and governed. The firft of thefe were the Rowam, the fecond the Teutonsy the third the Scandians, and the fourth the Neu- (inans. ^ 1^ H E Government of the Romans, who held it as a Province, I lliall omit, becaufe I am to fpeak of their Provincial Government in another place ; only it is to be remember'd here, that if we have given over running up and down naked, and with dappl'd hides, learn'd to write and read, and to be inftrufted with good Arts, for all thefe we are beholden to the Romans, either immediatly, or mediatly by the Teutons : for that the Teutons had the Arts from no other hand, is plain enough by their Language, which has yet no word to fignify ei- ther writing or reading, but what is deriv'd from the Latin. Fur- thermore, by the help of thefe Arts fo learn'd, we have bin capable of that Religion which we have long fince receiv'd ; wherfbre it feems to me, that we ought not to detraft from the memory of the Romans^ by whofe means we aie, as it were, of Beafts becom Men, and by whofe means we might yet of obfcure and ignorant Men (if we thought not too well of our felves ) becom a wife and a great Peo- ple. Forthepmfof THE Romans having govern'd Oceana provincially, the Teutons the h'fuwguif- ^jQYQ the firft that introduc'd the Formof the late Monarchy. To wZ'^'^wrf /In- thefe fucceded the Scandians, of whom (becaufe their Reign was tiqmtys, fee fho! t, 35 alfo bccaufc they made little alteration in the Government as Seidcn s Titles ^^ j.j^g porm ) I fhall take no notice. But the Teutons, gome to work «/ Hmor, from i^;-r.t i--iii iivt- .'c>," pag. 5C3, to upon the Gothic Balance, divided the whole Nation into three lorrs ot pjg. 837. Feuds, that of Ealdorman, that of I(Jngs Thane, and that of Middle Thane. The Teuton. ui- WHEN the Kingdom was firft divided into Precinfts will be jiarchy. ^^ j^^j.^j j.^ ([jq^^ ^s when it began firft to be govem'd ; it be.ng impoffible that there fliould be any Government without iom Uivi- fion. The Divifion that was in ufe with the Teutons, was by Couii- tys, and every County had either its Ealdorman, or High Reeve. I he title of Ealdorman came in time to Eorl, or Erl^ and that of High Reeve to High Sheriff. '!- EARL OCEANA. 65 EARL of the Shire or County denoted the Kjngs Thane, or Te-\ ^^'^ > Mant by Grand Serjeantry or Knights Service, in chief or in caphe ; his PoifefTions were fomtimes the whole Territory from wlience he had his denomination, that is, the whole County, fomtimes more tlian one County, and fomtimes lefs, the remaining part being in the Crown. He had alfo fomtimes a third, or fom other cufi:omary part of the profits of certain Citys, Boroughs, or other places within his Earl- dom. For an example of the poireflions of Earls in antient times, Ethelred had to him and his Heirs the whole Kingdom ofMercia, containing three or four Countys ; and there were others that had little lefs. KINGS Thane was alfo an honorary Title, to which he was Khssnara qualify'd that had five Hides of Land iield immediatly of the King by fervice of perfonal attendance ; infomuch that if a Churl or Coun- tryman had thriven to this proportion, having a Church, a Kitchin, a Belhoufe (that is, a Hall with a Bell in it to call his Family to dinner) a Boroughgate with a feat (that is, a Porch) of his own, and any diff inft Office in the Kings Court, then was he the KJngs Thane. But the proportion of a Hide Land, otherwife callM Caraca, or a Plow Land, is difficult to be underftood, becaufe it was not certain ; never- thelefs it is generally conceiv'd to be fo much as may be manag'd with one Plow, and would yield the maintenance of the lame, with the appurtenances in all kinds. THE Middle Thane was feudal, but not honorary ; he was alfo Mlddk Thane. call'd a Vavafor, and his Lands a Fava/brj, which held of fom Mefn Lord, and not immediatly of the King. POSSESSIONS and their Tenures, being of this nature, fhew the Balance of the Teuton Monarchy ; wherin the Riches of Earls were fo vaft, that to arife from the Balance of their Dominion to their Pow- er, they were not only calPd Reguli or little Kings, but were fuch in- deed ; their Jurifdiftion being of two forts, either that which was exercis'd by them in the Court of their Countys, or in the High Court of the Kingdom. IN the Territory denominating an Earl, if it were all \'ns own^ shhmoott the Courts held, and the Profits of that Jurifdiftion were to his own ufe and benefit. But if he had but fom part of his County, then his Jurifdiclion and Courts (faving perhaps in thofe pofTeffions that were his own) were held by him to the King's ufe and benefit; that is, he commonly fupply'd the Office which the Sheriffs regularly executed in Countys that had no Earls, and whence they came to be caIV d Vif- yjft^,i„ts, counts. The Court of the County that had an Earl was held by the Earl and theBifliop of the Diocefs, after the manner of the Sheriffs Turns to this day ; by which means both the Ecclefiaftical and Tem- poral Laws were given in charge together to the Country. The Cau- fes of Favafors or Vavaforys appertain'd to the cognizance of this Court, where Wills were prov'd, Judgment and Execution given. Cafes cri- minal and civil determin'd. THE Kjngs Thanes had the like Jurifdi8:ion in their Thane Lands yHaiymoot, as Lords in their JManors, where they alfo kept Courts. BESIDES thefe in particular, both the Earls and Kjngs Thanes, together with the BiQiops, Abbots, and t^avafors, or Middle Thanes, had in the High Court or Parlament of the Kingdom, a more public Weider . Jurildiclion, confifting Firlt of deliberative Power for advifing upon, '"'"^•'"• K and ee OCEANA and afTenting to new Laws : Secondly, of giving counfil in matters of State: and Thirdly, of Judicature upon Suits and Complaints. Ifliall not omit to inlighten the obfcurity of thefe times (in which there is little to be found of a methodical Conftitution of this High Court") by the addition of an Argument, which I conceive to bear a ftrong tefti- mony to it felf, tho taken out of a late Writing that conceals the Au- thor. " It is well known, fays he, that in every quarter of the Realm *' a great many Boroughs do yet fend Burgefles to the Parlament, " which neverthelefs be fo antiently and fo long fince dccay'd and gon " to nought, that they cannot be fhew'd to have bin of any Reputa- " tion fince the Conqueft, much lefs to have obtain'd any fuch Privi- *' lege by the grant of any fucceding King : wherfore thefe muft have *' had this right by more antient ufage, and before the Conqueft, they '' being inable now to fhe WW hence they deriv'd it. THIS Argument (tho there be more) I fliall pitch upon as fuf- jficient to prove ; Firft, that the lower fort of the People had right to Seffion in Parlament during the time of the Teutons. Secondly, that they were quality'd to the fame by eleQion in their Boroughs, and, if Knights of the Shire (as no doubt they are) be as antient in the Coun- trys. Thirdly, If it be a good Argument to fay, that the Commons during the reign of the Tf^^ow were elefted into Parlament, becaufe they are fo now, and no man can fliew when this cuftom began ; I fee not which way it fliould be an ill one to fay, that the Commons du- ring the reign of the Teutons conftituted alfo a diftinft Houfe, becaufe they do fo now ; unlefs any man can fhew that they did ever fit in the fame Houfe with the Lords. Wherfore to conclude this part, I con- ceive for thefe, and other reafons to be mention'd hereafter, that the Parlament of the Teutons confifted of the King, the Lords Spiritual and Temporal, and the Commons of the Nation, notwithftanding ajEdvv.s.c.i.theflileof divers Afts of Parliament, which runs as xhzx.o'i Mcignx Chart a, in the Kings name only, feeing the fame was neverthelefs enaft- ed by the King, Peers, and Commons of the Land, as is teftify'd in thofe words by a fubfequent Aft. Monarchy ojthi: THE Monarchy of the Teutons had flood in this pofture about Heuflmns. j. ^q hundred and twenty years ; when Turbo Duke of Neufiria. making his claim to the Crown of one of their Kings that dy'd child- lefs, follow'd it with fuccefsful Arms ; and being poffefl of the King- dom, us'd it as conquer'd, diftributing the Earldoms, Thane Lands, Biflioprics and Prelacys of the whole Realm among his Neufirians. From this time the Earl came to be call'd Comes, Conful^ and Dux (tho Conful and Dux grew afterward out of ufe) the Kjags Thanes came to be call'd Barons^ and their Lands Baronys ; the Middle Thane holding ftill of a mean Lord, retain'd the name of Vavafor. Tkeh Earls. THE Earl or Comes continu'd to have the third part of the Pleas of the County paid to him by the Sheriff or Vice-comes, now a diftinfl: Of- ficer in every County depending upon the King ; faving that fuch Earls as had their Countys to their own ufe, were now Counts Palatin^ and had under the King Regal JurifdiQion : infomuch that they conftitu- ted their own Sheriffs, granted Pardons, and ilfu'd Writs in their own names ; nor did the Kings Writ of ordinary Juftice run in their 27 H. 8. Dominions till a late Statute, wherby much of this privilege was taken away. ,1. FOR OCEANA. 6j FOR Barons, they came from henceforth to be in different times oiTT^iirBaromt three kinds ; Barons by their Ellates and Tenures, Barons by Writ, and Barons created by Letters Patents. From Turbo the firft to' A D X u s the feventh King from the Conquell:, Barons had their de-: nomination from their Pofleflions and Tenures. And thefe were ei- ther Spiritual or Temporal ; for not only the Thane Lands, but the Bams hy theh poffeffions of Bifliops, as alfo of fom twenty fix Abba ts, and tv^o^^M^'^"''^ Priors, were now erected into Baronys, whence the Lords Spiritual that had fuffrage in the Teuton Parlament as Spiritual Lords, came to have it in the Neuftrian Parlament as Barons, and were made fubjeft (which they had not formerly bin) to Knights fervice in chief. Baro-^ ny coming henceforth to fignify all honorary poffeflions as well of garls as Barons, and Baronage to denote all kinds of Lords as well Spiritual ' as Temporal having right to fit in Parlament, the Baronys in this fenfel were fomtimes more, and fomtimes fewer, but commonly about 200 or 250, containing in them a matter of fixty thoufand feuda, militum, or Knights Fees, wherof fom twenty eight thoufand were in the Cler- gy. It is ill luck that no man can tell.what the Land of a Knights Fee (reckon'd in fom Writs at 40 /.a year, and in others at 10) wascer* tainly worth ; for by fuch a help wc might have exaflly demonftrated the Balance of this Government. But fays Cook, it contained Cook it. lnfi» twelve Plow Lands, and that was thought to be the moft certain ac- p-'S- 59^' count. But this again is extremely uncertain ; for one Flow out of fom Land that was fruitful, might work more than ten out of fom other that was barren, Neverthelefs, feeing it appears by Br ACTON,Ri?4n« oftht that of Earldoms and Baronys it was wont to be faid, that the whole ^'cujlmn mo', Kingdom wascompos'd ; as alfo, that thefe confifting of 60000 Knights "'^'^''■'■^* Fees, furnifli'd 60000 men for the King's fervice, being the whole Mi- litia of this Monarchy, it cannot be imagin'd, that the Vavaforjs or Freeholds in the People amounted to any confiderable proportion* Wherfore the Balance and Foundation of this Government was in the 600c o Knights Fees, and thefe being polTeft by the 250 Lords, it was a Government of the Few, or of the Nobility ; wherin the People might alfo affemble, but could have no more than a mere name. And the Clergy holding a third to the whole Nation, as is plain by the Parlament Roll ; it is an abfurdity (feeing the Clergy oi France came firfl: thro their Riches to be a State of that Kingdom) to acknowlege the People to have bin a State of this Realm, and not to allow it to the Clergy, who were fo much more \veighty in the Balance, which is 4 Rich. 2; that of all other whence a State or Order in a Government is denomi-Num.13, nated. Wherfore this Monarchy confided of the King, and of the three (ordines Regni, or) Eflates, the Lords Spiritual and Temporal, and the Commons : It confifted of thefe I fay as to the balance, tho during the Reign of fom of thefe Kings, not as to the adminiflra- tion, FOR the ambition of Turbo, and fom of thofe that move im- Admimffratm mediatly fucceded him, to beabfolute Princes, fi:rove againft the na of th^^euM^ ture of their Foundation, and, inafmuch as he had divided almoft the ^"n„7f^7(-e^ whole Realm among his Neufirians, with fom incouragement for a "/ f*^ >jl while. ButtheA^eft/^w«j while they were but foren Plants, having ^"'^^' no fecurity againft the Natives, but in growing up by their Princes fides, were no fooner well rooted in their vaft Dominions, than they came up according to the infallible confequence of the Balance domeftic^ K a- and, 68 OCEANA. and, contiafting the National intereft of the Baronage, grew as fierce in the vindication of the antient Rights and I^iberties of the fame, as if they had bin always Natives: Whence, the Kings being as obftinat on the one fide for their abfokitc Power, as thefe on the other for their Immunitys, grew certain Wars which took their denomination from the Barons. THIS fire about the middle of the Reign of A d o xu s began to break out. And wlieras the PredecelTors of this King had divers times bin forc'd to fummon Councils refembling thofe of thcleittons^ to Bams ijHW. which 'the Lords only that were Barons by Dominion and Tenure had hitherto repair'd, Adoxus feeing theeffeftsof fuch Dominion, be- gan |irft not to call fuch as were Barons by Writ (for that was accord- ing to the praftice of antient times) but to call fuch by Writs as were other wife no Barons ; by which means ftriving to avoid theccnfequence of the Balance, in coming unwillingly to fet the Government ftreight, he was the firll that fet it awry. For the Barons in his Reign, and his SuccelTors, having vindicated their antient Authority, reftor'd the Parlament with all the Rights and Privileges of the fame, faving that from thenceforth the Kings had found out a way wherby to help them- felvesagainft the mighty, by Creatures of their own, and fuch as had no other fupport but by their favor. By vidiich means this Govern- ment, being indeed the Maflerpicce of modern Prudence, has bin cry'd up to the Skys, as the only invention wherby at once to maintain the Soverainty of a Prince, and the Liberty of the People. Wheras in- deed it has bin no other than a wre(l.ling match, whcrin the Nobility, as they have bin flronger, have thrown the King ; or the King, if he has bin ftronger, has thrown the Nobility ; or the King, where he has had a Nobility, and could bring them to his party, has thrown the People, as in Frame and Spain ; or the People where they have had no Nobility, or could get them to be of their party, have thrown the King, zs\n Holland, and of later times \n Oceana. But they came not 4P H' 3- to this llrength but by fuch approaches and degrees, as remain to be further open'd. For wheras the Barons by Writ (as the fixty four Abbats, and thirty fix Priors that werefocalPd) were but potemfore^ D 1 c o T o M E being the twelfth King from the Conqueft, began to B;iraw iy ief- make Barons by Letters Patents, with the addition of honorary Pen- urs i'atcnts. flons for the maintenance of their Dignitys to them and their Heirs ; fo that they were hands in the King's Furfe, and had no flioulders for his Throne. Of thefe when the Houfe of Peers came once to be full, as will be feen hereafter, there was nothing more emty. But for the prefent, the Throne having other fupports, they did not hurt that fo much as they did the King : For the old Barons taking D i c o t o m e 's Prodigality to fuch Creatures fo ill, that they dcpos'd him. got the trick of it, and never gave over fetting up and pulling down their Kings according to their various interefts, and that faftion of the White Dijfoiution of and Red, into which they had bin thenceforth divided, till P a n u r g u s %'of CKe^m.' ^'^^ eighteenth King from the Conquefl:, was more by their Favor than his Right advanc'd to the Crown. This King thro his natural fubrilty reflefting at once upon the greatnefs of their Power, and the inconllan- cy of their favor, began to find another Flaw in this kind of Govern- ment, which is alfo noted by Macchiavel, namely that a 1 hrone fupported by a Nobility, is not fo hard to be afcended, as kept warm. Wherfore his fecret Jealoufy, lell the dillenfion of the Nobility, as it i, brought OCEANA. 69 brought him in, might throw him out, made him travel in ways un- difcover''d by them, to ends as little forefeen by himfeU': while to efla- blifli liis own fafety, he by mixing Water with their Wine, firft began to open thofe Sluces that have fince overwhelm'd not the King only, but the Throne. For wheras a Nobility ftrikes not at the Throne with- out which they cannot fubfift, but at fom King that they do not like ; popular Power ftrikes thro the King at the Throne, as that which is incompatible with it. Now that PANURGUsin abating the Power of the Nobility, was the caufe whence it came to fall into the hands of tlie People, appears by thofe feveral Statutes that were made in his Reign, as tiiat for Population, thofe againft Retainers, and that for jihe/iatio»s. BY the Statute of Population, all houfes of Husbandry that were us'd with twenty Acres of Ground and upwards, were to be main- tain'd, and kept up for ever with a competent proportion of Land laid to them, and in no wife, as appears by a fubfequent Statute, to be fever'd. By which means the houfes being kept up, did of necefli- ty inforce Dwellers ; and the proportion of Land to be till'd being kept up, did of neceffity inforce the Dweller not to be a Begger or Cot- tager, but a Man of fom fubftance, that might keep Hinds and Ser- vants, and fet the Plow a going. This did mightily concern (fays the Hiliorianof that Prince) the might and manhood of the Kingdom, and in efFeft amortize a great part of the Lands to the hold and pof- feflion of the Yeomanry or middle People, who living not in a fervil or indigent fafliion, were much unlinked from dependence upon their Lords, and living in a free and plentiful manner, became a more excel- lent Infantry ; but fuch a one upon which the Lords had fo little Power, that from henceforth they may be computed to have bin difarm'd. AND as they lofl: their Infantry after this manner, fo their Ca- valry and Commanders were cut oft' by the Statute of Retainers: for wheras it was the cuftom of the Nobility to have younger Brothers of good houfes, metal'd fellows, and fuch as were knowing in the feats of Arms about them ; they who were longer follow'd with fo dange- rous a train, efcap'd not fuch Punifliments, as made them take up. HENCEFORTH the Country-lives, and great Tables of the Nobility, which no longer nourilli'd veins that would bleed for them, were fruitlefs and loathfom till they chang'd the Air, and of Princes became Courtiers ; where their Revenues, never to have bin exhaufted by Beef and Mutton, were found narrow, whence follow'd racking of Rents, and at length fale of Lands : the riddance thro the Sta- tute of Alienations being render'd far more quick and facil than for- merly it had bin thro the new invention of Intails. TO this it happcn'd, that Coraunus the SuccefTor of that King difTolving the Abbys, brought with the declining ftate of the Nobility fo valf a prey to the Induflry of the People, that the Balance of the Commonwealth was too apparently in the popular Party, to be unfeen by the wife Council ot Qiieen Parthenia, who con^ verting her reign thro the perpetual Lovetricks that pafl between her and her People into a kind ot Romance, wholly neglcfted the Nobi- lity. And by thefe degrees came the Houfc of Commons to raife that head, which fince has bin fo high and formidable to their Princes, that they have look'd pale upon thofe Affemblys. Nor was there any thing now wanting to the deftruftion of the Throne, but that the People, 70 OCEANA, People, not apt to fee their own ftrength, fliould be put to feel it; when a Prince, as ftiff in diiputes as the nerve of Monarcliy was grown flack, received that unhappy incouragement from liis Clergy which became his utter ruin, wliilc trufting more ro their Logic than the rough Philofophy of his Parlament, it came to an irreparable breach ; for the Houfe of Peers, which alone had ftood in this gap, now finking down between the King and the Commons, fliewM that Crassus was dead, and the 7/?/w//« broken. But a Monarchy de- vefted of its Nobility, has no refuge under Heaven but an Army. Wherfore the diffolution of this Government caus'd the War, not the War the diffolution of this Government. O F the King's fuccefs with his Arms it is not neceifary to give any further account, than that they prov'd as ineffeftual as his Nobility ; but without a Nobility or an Army ( as has bin fhew'd ) there can be no Monarchy. Wherfore what is there in nature that can arife out of thefe Afhes, but a popular Government, or a new Monarchy to be erefted by the viftorious Army ? T O ereft a Monarchy, be it never fo new, unlefs like Levia- than you can hang it, as the Country-fellow fpeaks, by Geometry (for what elfe is it to fay, that every other Man muft give up his will to the will of this one Man without any other foundation ? ) it mufl fland upon old Principles, that is, upon a Nobility or an Army planted on a due balance of Dominion. J/a viam inveniam autfaciam, was an Adage of CtEsar; and there is no ftanding for a Monarchy unlefs it finds this Balance, or makes it. If it finds it, the work's don to its hand: for, where there is inequality of Eflates, there mufl: be inequa- lity of Power ; and where there is inequality of Power, there can be no Commonwealth. To make it, the Sword mufl: extirpat out of Dominion all other roots of Power, and plant an Army upon that ground. An Army may be planted Nationally or Provincially. To plant it Nationally, it mufl: be in one of the four ways mention'd, that is, either Monarchically in part, as the Roman Befieficiarii ; or Mo- narchically in the whole, as the Turkip Timariots ; AriftocraticaJly, that is, by Earls and Barons, as the Neuftrians were planted by Turbo; or Democratically, that is, by equal lots, as the Ifraelitifli Army in the Land of Canaan by Joshua. In every one of thefe ways there rriufl: not only be Confifcations, but Confifcations to fuch a proportion as may anfwer to the work intended. CONFISCATION of a People that never fought againft you, but whofe Arms you have born, and in which you have bin vi£lo- rious, and this upon premeditation, and in cold blood, I fliould have thought to be againft any example in human Nature, but for thofe alleged by Macchi A VEL of Agathocles, and Olive- re t t o diFermo : the former wherof being Captain General of the Syracufans, upon a day affembPd the Senat and the People, as if he had fomthing tocommunicat with them, when at a fign given he cut the Senators in pieces to a man, and all thericheft of the People, by which means he came to be King, The procedings ofOLivERETTo in making himfelf Prince of Fermo, were fomwhat different in circum- flances, but of the fame nature. Neverthelefs C a t i l i n, who had a fpirit equal to anv of thefe in his intended mifchief, could never bring the like to pafs in Rome. The head of a fmall Commonwealth, fuch a one as was that of Syracufa, or Fermo, is eafily brought to the * block; OCEANA, block ; but that a populous Nation, fuch as Rome, had not fuch a one, was the grief of Nero. If Sylla or CjESar attain'd to be Princes, it was bv Civil War, and fuch Civil War as yielded rich fpoils, there being a vaft Nobility to be confifcated ; which alfo was the cafe in Oceana, when it yielded earth by Earldoms and Baronys to the Neujlrtan, for the plantation of his new Potentars. Where a Conqueror finds the Riches of a Land in the hands of the Few, the For- feitures are eafy, and amount to vaft advantage ; but where the Peopis have equal fhares, the Confifcation of many corns to little, and is not only dangerous, but liuitlefs. THE Romans in one of their defeats of the Volfci found among the Captives certain TufcuLtns, who, upon examination, confeft that the Arms they bore were by command of their State; wherupon in- formation being given to the Senat by the General C a m i l l us, he was forthwith commanded to march againft Tufculum ; which doing accordingly, he found the Tufculan Fields full of Husbandmen, that ftir'd not otherwife from the Plow, than to furnifh his Army with all kind of Accommodations and Viftuals : drawing near to the City, he faw the Gates wide open, the Magiftrats coming out in their Gowns to falute and bid him welcom : encring, the Shops were all at work, and open ; the Streets founded with the noife of Schoolboys at their Books ; there was no face of War. Wherupon C a m i l lu s caufing the Se- nat to affemblc, told them. That tho the Art was underftood, yet had they at length found out the true Arms wherby the Romans were mofl: undoubtedly to be conquer'd, tor which caufe he would not an- ticipat the Senat, to which he defir'd them forthwith to fend, which they did accordingly ; and their Dictator with the reft of their Em» baftadors being found by the Roman Senators as they went into the houfe ftanding fadly at the door, were fent for in as Friends, and not as Enemy s: Where the Dictator having faid, Ifwe have offended, the fault was not fo great as is our Penitence and your Virtue ; the Senat gave them peace forthwith, and foon after made the Tufculans Citizens of Rome. BUT putting the cafe, of which the World is not able to fhew an example, That the forfeiture of a populous Nation, not conquer'd, but Friends, and in cool blood, might be taken ; your Army muft be planted in one of the ways mention'd. To plant it in the way of ab- folute Monarchy, that is, upon feuds for life, fuch as the Timars^ a Coun- try as large and fruitful as that of Greece., would afford you but ^ix- teen thoufand T/'^z^rw?/, for that is the moft the Tz/rc (being the heft husband that ever was of this kind ) makes of it at this day : and if Oceana., which is lefs in fruitfulnefs by one half, and in extent by three parts, fhould have no greater a force, whoever breaks her in one bat- tel, may be fure flie fliall never rife; for fuch (as was noted by Macchiavel) is the nature of the Turktjh Monarchy, if you break it in two battels, you have deftroy'd its whole Militia ; and the reft being all flaves, you hold it without any further refiftance. Wher- fore the ereftion of an abfolute Monarchy in Oceana, or in any other Country that is no larger, without making it a certain prey to the firft Invader, is altogether impoffible. TO plant by halves, as the Roman Emperors did their Beneficiarys, or military Colonys, it muft be either for life ; and this an Army of Oceaners in their own Country (efpecially having Eftates of Inheri- tance ) 7^ OCEANA. tance) wiJJ never bear ; becaufe fuch an Army fo planted is as wcH confifcated as tlie People ; nor had the Mamalucs bin contented with fuch ufage in Egyp^ but that they were Foreners, and daring not to mix with the Natives, it was of abfolute neceflity to their being. O R planting them upon Inheritance, whether Ariftocratically as the Neafirians, or Democratically as the IfraelUs, they grow up by certain confequence into the national Intereft: and this, if they be planted popularly, corns to a Commonwealth ; if by way of Nobi- lity, to a mix'd Monarchy, which of all other will be found to be the only kind of Monarchy, wherof this Nation, or any other that is of no greater extent, has bin or can be capable : for if the Jfraelits ( tho their Democratical Balance, being fix'd by their Agrarian, ftocd firm) be yet found to have elefted Kings, it was becaufe, their Territory lying open, they were perpetually invaded, and being perpetually invaded, turn'd themfelves to any thing which thro the want of experience they thought might be a remedy ; whence their miftake in eleftion of . their Kings (under whom they gain'd nothing, but on the contrary lofl: all they had acquir'd by their Commonwealth, both Eftates and Li- bertys ) is not only apparent, but without parallel. And if there have bin (aswasfhewn) a Kingdom of the Goths in Spain, and of the Vandals in Jfta^ confifting of a fingle Perfon and a Parlament ( taking a Parlament to be a Council of the People only, without a Nobility ) it is exprefly faid of thofe Councils, that they depos'd their Kings as often as they pleasM : nor can theie be any other confequence of fuch a Government, feeing where there is a Council of the People, they do never receive Laws, but give them ; and a Council giving Laws to a fingle Perfon, he has no means in the World wherby to be any more than a fubordinat Magiftrat, but force : in which cafe he is not a fingle Perfon and a Parlament, but a fingle Perfon and an Army, which Ar- my again muft be planted as has bin fiiewn, or can be of no long con- tinuance. I T is true, that the Provincial Balance being In nature quite contra- ry to the National, you are no way to plant a Provincial Army upon Dominion. But then you muft have a native Territory in Strength, Situation, or Government, able to overbalance the foren, or you can never hold it. That an Army fhould in any other cafe be long fup- ported by a mere Tax, is a mere phanfy as void of all reafon and ex- perience, as if a Man fhould think to maintain fuch a one by robbing of Orchards : for a mere Tax is hut pulling of Plumtrees^ the roots wherof are in other Mens grounds, who fuffering perpetual Violence, com to hate the Author of it : And it is a Maxim, that no Prince that is hated bj his People can hefafe. Arms planted upon Dominion extirpat Enemys, and make Friends ; but maintain'd by a mere Tax, haveEne- mys that have roots, and Friends that have none. T O conclude, Oceana, or any other Nation of no greater extent:, muft have a competent Nobility, or is altogether incapable of Mo- narchy : for where there is equality of Eftates, there muft be equality of Power ; and where there is equality of Power, there can be no Monarchy. The generation T O com then to the generation of the Commonwealth ; it has bin of the Common- fhewn liow thro the ways and means us'd byPANURCus to abafe wfri/f/;. j.j^g Nobility, and fo to mend that flaw which we have affertcd to be incurable in this kind of Conftitution, he fuffer'd the Balance to fall 4. into C E A N A. 73 into the power of the People, and fo broke the Government : but the Balance being in the People, the Commonwealth ( tho they do not iee it) is ah'eady in the nature of * them. There wants nothing eHe but Time (which is flow and dangerous) or Art ( %vhich would be more quick and fecure) for the bringing thofe native Arms (wher- withal thev are found aheady) to refill they know not how every thing that oppofes them, to fuch m.aturity as may ilx them upon their own ftrength and bottom. BUT wheras this Art is Prudence ; and that part of Prudence wkit prudcrce which regards the prefent Work, is nothing elfe but the skill of rai-*^* fing fuch Superftruclures of Government, as are natural to the known Foundations : they never mind the Foundation, but thro certain ani- mofities ( wherwith by ftriving one againft another they are infefted ) or thro freaks, by which, not regarding the courfe of things, nor how they conduce to their purpofe, they are given to building in the Air, com to be divided and fubdivided into endlefs Partys and FaQions, both Civil and Ecclefiaftical : which briefly to open, I fhall firfl: fpeak of the People in general, and then of their Divifions. A PEOPLE ( fays Macchiavel) that is corrupt, is not capable of a Commonwealth. But in fliewing what a corrupt Peo- ple is, he has either involv'd himfelf or me ; nor can I oth^rwife com out of the Labyrinth, than by faying, that the Balance altering a Peo- ple, as to the foregoing Government, mufl: of ncceflity be corrupt : but Corruption inthisfenfe fignifys no more than that the Corruption of one Government (as in natural Bodys) is the Generation of another. Wherfore if the Balance alters from Monarchy, the Corrup- tion of the People in this cafe is that which makes them capable of a Commonwealth. But wheras I am not ignorant, that the Corruption which he means is in Manners, this alfo is from the Balance. For the Balance leading from Monarchical into Popular, abates the Luxury of the Nobility, and, inriching the People, brings the Government from a more privat to a more public Interefl: ; which coming nearer, as has bin fliewn, to Jufl:ice and right Reafon, the People upon a like alteration is fo far from fuch a Corruption of Manners, as fhould render them incapable of a Commonwealth, that of neceflity they rauft therby contraft fuch a Reformation of Manners as will bear no other kind of Government. On the other fide, where the Balance changes from Popular to Oligarchical or Monarchical, the public Interefl-, with the Reafon and Juftice included in the fame, becoms more privat ; Luxury is introduc'd in the room of Temperance, and Servitude in that of Freedom ; which caufes fuch a corruption of Manners both in the No- bility and People, as, by the Example of Rome in the time of the Triumvirs, is more at large difcover'd by the Author to have bin alto- gether incapable of a Commonwealth. BUT the Balance of Oceana chaftiging quite contrary to that of Rome, the Manners of the People w^ere not therby corrupted, but on the contrary adapted to a Commonwealth. For differences of Opini- on in a People not rightly inform'd of their Balance, or a divifion in- to Partys ( while there is not any common Ligament of Power fuffi- * Cemua noca prius vitulo, quam frontibus extant. L cient 74 OCEANA. cient to reconcile or hold them ) is no fuiBcient proof of Corruption; Neverthelels, feeing this muft needs be matter of fcandal and dan- ger, it will not be amifs, in fhevving what were the Partys, to fhew what were their Errors. THE Partys into which this Nation was divided, were Tempo- ral, or Spiritual : and the Temporal Partys were efpecially two, the one Rojalifls, the other Repuhlicuns -. each of which afferted their dif- ferent Cauies, either out of Prudence or Ignorance, out of Intereft or Confcience. FOR Prudence, either that of the Antients is inferior to the Mo- dern ( which we have hitherto bin fetting face to face, that any one neRoj/aiiji. may judg) or that of the Royalifl muft be inferior to that of the Common wealthfman. And for Intereft, taking the Common wealthf- man to have really intended the Public ( for other wife he is a Hypo- crit and the worll of Men) that of the RoyaHft muft of neceffity have bin more privat. Wherfore the whole difpute will com upon matter of Confcience ; and this, whether it be urg'd by the Right of Kings, the Obligation of former Laws, or of the Oath of Allegiance, is abfolv'd by the Balance. F O R if the Right of Kings were as immediatly deriv'd from the Breath of God as the Life of Man, yet this excludes not Death and DifTolution. But, that the diflblution of the late Monarchy was as natural as the Death of a Man, has bin already fhewn. Wherfore it remains with the Royalifts to difcover by what'Reafon or Experi- ence it is poflible for a Monarchy to ftand upon a popular Ba- lance ; or, the Balance being popular, as well the Oath of Allegiance, as all other Monarchical Laws imply an impoflibility, and are therfore void. The Common- TO the Commonwealthfman I have no more to fay, but that if weaithjman. jjg excludcs any Party, he is not truly fuch ; nor fliall ever found a Commonwealth upon the natural Principle of the fame, which is Ju- flice. And the Royalift for having oppos'd a Commonwealth in Oceana ( where the Laws were fo ambiguous that they might be eter- nally difputed, and never reconcil'd) can neither be juftly for that caufe excluded from his full and equal Ihare in the Government ; nor prudently, for this reafon, that a Commonwealth confifting of a Party- will be in perpetual labor of her own deftruftion : Whence it was that the Romans having conquer'd the Albans, incorporated them with equal Right into the Commonwealth. And if the Royalifts bcjlcjj? of your flejh, and nearer of Blood than were the Albans to the Romans^ you being alfo both Chriftians, the Argument's the ftronger. Never- thelefs there is no reafon that a Commonwealth fhould any more favor a Party remaining in nx'd oppofition againft it, than Brut us did his own Sons. But if it fixes them upon that oppofition, it is its owit fault, not theirs ; and this is don by excluding them. Men that have equal Pofteffions, and the fame fecurity for their Eftates and their- Liberty s that you have, have the fame caufe with you to defend bothi- But if you will be trampling, they fight for Liberty, tho fOr Monar-' chy ; and you for Tyranny, tho under the name of a CemtoOn-'' wealth : The nature of Orders in a Government rightly iallituted-bc— ing void of all jealoufy, becaufe, let the Partys which it i^<:aces be what they will, its Orders are fuch as they neither would refift if they could. OCEANA, 75 could, nor could if they would, as lias bin partly already fliewn ; and will appear more at large by the following Model. THE Partys that are Spiritual are of more kinds than I need men- J^eiigms Pari tion ; fom for a National Religion, and others for Liberty of Con- ^^'' fcience, with fuch animofity on both fides, as if thefe two could not confift together, and of which I have already fufficiently fpoken, to fhew, that indeed the one cannot well fubfill: without the other. But they of all the reft are the moft dangerous, who, holding that the Saints muft govern, go about to reduce the Commonwealth to a Party, as well for the Reafons already fhewn, as that their Pretences are againft Scripture, where the Saints are commanded to fubmit to the Higher Powers, and to be fubje£t 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 diflionor that Profeffion, the World is full of Examples, wherof I lliall confine my felf at prefent only to a couple, the one of Old, the other of New Rome. I N Old Rome the Patricians or Nobility pretending to be the godly s.mts. Party, were queftion'd by the People for ingroffing all the Magiftracys of that Commonwealth, and had nothing to fay why they did fo, but * that Magiftracy requir'd a kind of Holinefs whidi was not in the People: f at which the People were fil I'd with fuch Indignation as had com to cutting of Throats, if the Nobility had notimmediat- Jy laidby thelnfolency of that Plea; which neverthelefs when they had don, the People for a long time after continu'd to eleQ: no other but Patrician Magiftrats'. THE Example of New Rome in the rife and practice of the Hie- rarchy (too well known to require any further illuftration) is far more immodeft. THIS has bin thecourfe of Nature : and when it has pleas'd, or fliall pleafe God to introduce any thing that is above the courfe of Na- ture, he will, as he has always don, confirm it by Miracle ; for fo in his Prophecy of the Reign of Christ upon Earth, he exprefly promifes : feeing that the Souls of them that were beheaded for J e su s, fjall be feen to live and reign with hint ; which will be an obje£l of Senfe, the rather, becaufe the reft of the Dead are not to live again till the Thoufand Years be finifh'd. Audit is not lawful for men to perfuade us that a thing already is, tho there be no fuch obje£l: of cur Senfe, which God has told us fliall not be till it be an objed of our Senfe. THE Saintfliip of a People as to Government, confifts in the elec- tion of Magiftrats fearing God, and hating Covetoufnefs, and not in their confining themfelves, or being confin'd to men of this or that Party or Profeftion. It confifts in making the moft prudent and reli- gious choice they can ; yet not in trufting to Men, but, next God, to their own Orders. Give m good Men, and they will make its 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 m good Orders, and they * Qiiod nemo plebeius aufpicia haberec t P'ebs ad id maxima indignacione exarfic, quod aufpicari, unquara invifi Diis immortalibus, negarencur polTc. T. Liv. 4. 8. L 2 mil 76 OCEANA mil make ui good, Men, is the Maxim of a Legiilator, and the moft in- fallible in the Politics. BUT thefe Divifions (however there be fom gocd Men that look fadly onthem) are trivial things; firft as to the Civil concern, becaufe the Government, wherof this Nation is capable, being once feen, takes in all Interelb. And, fecondly, as to the Spiritual ; becaufe as the pretence of Religion has alv^^ays bin turbulent in broken Govern- ments, fo where the Government has bin found and fteddy. Religion has never flnew'd it felf with any other face than that of the natural Sweetnefs, and Tranquillity : nor is there any reafon why it fhould ; The Errors (^ wlierfote the Errots of the People are occafion'd by their Governors. fhi People are jf (.|^gy ^q doubtful of the way, or wander from it, it is becaufe their vZols " Guides mifledthem ; and the Guides of the People are never fo well qualify'd for leading by any Virtue of their own, as by that of the Go- vernment. THE Government of Oceana (as it flood at the time wherof we difcourfe, confifting of one fingle Council of the People, exclufively of the King and the Lords) was call'd a Parlament : Neverthelefs the Parlaments of the Teutons and of the Neuftrians confided, as has bin fhewn, of the King, Lords and Commons ; wherfore this under an old Name was a new thing : A Parlament confifting of a fingle Af- fembly elefted by the People, and inverted with the whole Power of the Government, without any Covenants, Conditions, or Orders what- foever. So new a thing, that neither antient nor modern Prudence can fhew any avow'd Example of the like. And there is fcarce any- thing that feems to mefo ftrangeas that (wheras there was nothing more familiar with thefe Counfillors, than to bring the Scripture to the Houfe) there fliould not be a Man of them that fo much as of- fer'd to bring the Houfe to the Scripture, wherin, as has bin fhewn, is contain'd that Original, wherof all the reft of the Commonwealths feem to be Copys, Certainly if Leviathan (who is furer of nothing than that a popular Commonwealth confifts but of one Coun- cil) tranfcrib'd his Doftrinoutof this Aftembly, for him to except a- gainft Aristotle and Cicero for writing out of their own Commonwealths, was not fo fair play ; or if the Parlament tranfcrib'd out of him, it had bin an honor better due to M o s e s. But where one of them fhould have an Example but from the other, I cannot imagin, there being nothing of this kind that I can find in ftory, but the Oligarchy of Athens, the thirty Tyrants of the fame, and the Ro- man 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 confifting of Five thoufand, but not producing them ; wherin you have the definition of an Oligarchy., which is a fingle Council both debating and refolving, dividing and chufing ; and vv hat that muft com to, was fhewn by the Example of the Girls, and is apparent by the experience of all times : wherfore the Thirty let up by the Lacede- monians ( when they had conquer'd Athens) are call'd Tyrants by all Authors, Leviathan only excepted, who will have them a- gainft all the World to have bin an Arifiocracy ; but for what reafon I cannot imagin, thefe alfo, as void of any Balance, having bin void of that which is ellential to every Commonwealth, whether Ariftccratical or Popular ; OCEANA, 77 Popular ; except he be pleas'd with them, becaufe that, according to the Teftimony ofXENOPHON, they kill'd more men in eight months, than the Lacedemonians had don in ten years ; offreffing the People (to ufe Sir W a l T E R R A L E i G h's words) with all hafe and intolerable Slavery. THE ufurp'd Government of the Decemvirs in Rome was of the fame kind. Wherfore in the fear of God let Chriftian Legiflators ( fetting the Pattern given in the Mount on the one fide, and thefe execrable Examples on the other ) know the right hand from the left ; and fo much the rather, becaufe thofe things which do not conduce to the good of the Govern'd, are fallacious, if they appear to be good for the Governors. God in chaftifing a People, is accuftom'd to burn his Rod. The Empire of thefe Oligarchys was not fo violent as fhort, nor did they fall upon the People, but in their own immediat ruin. A Council without a Balance is not a Commonwealth, but an Oligarchy ; and every Oligarchy, except it be put to the defence of its Wicked- nefs or Power againft fom outward danger, is factious. Wherfore the Errors of the People being Irom their Governors ( which Maxim in the Politics bearing a fufficient teftimony to it felf, is alfo prov'd by Macchiavel) if the People of Oceana have bin faftious, the Caufe is apparent : But what Remedy ? IN anfvver to this Queftion, I com now to the Army ; of v/h\ch.Thi Qenerd. the moft vidorious Captain, and incomparable Patriot Olphaus Megaletor was now General : who being a much greater mafter of that Art, wherof I have made a rough draught in thefe Prelimina- rys, had fuchfad refleftions upon the ways and procedings of the Par- lamenr, as caft him upon Books, and all other means of diverfion, a- mong which he happen'd on this place of Macchiavel: " Thrice happy is that People which chances to have a Man able to '' give them fuch a Government at once, as without alteration may fe- " cure them of their Libertys ; feeing it is certain that Lacedemon^ in " obferving the Laws of L y c u r g u s, continu'd about eight hun- " dred years without any dangerous Tumult or Corruption. My Lord General (asitisfaid of Themistocles, that he could not fleep for the Glory obtain'd by Miltiades at the Battel of Maratho) tookfo new and deep an Impreflion at thefe words of the much greater Glory oi L y c u r g u s, that, being on this fide affauked with the emulation of his illuftrious Objeft, and on the other with the Mifery of the Nation, which feem'd (as it were ruin'd byhisViftory) to caft it felf at his feet, he was almoft wholly depriv'd of his natural reft, till the debate he had within himfelf came to a firm refolution, that the greateft Advantages of a Commonwealth are, firft, that the Legiflator fhould be one Man : And, fecondly, that the Government fhould be made altogether, or at once. For the firft, It is certain, fays Def.B.i. c.p. Macchiave L,that a Commonwealth is feldom or never well turn'd or conftituted, except it has bin the Work of one Man; for which ^^*^'*^^^'^''* caufe a wife Legiflator, and one whofe mind is firmly fet, not upon ''"^'*^'' **"'"' privat but the public Intereft, not upon his Pofterity but upon his Country, may iuftly endeavor to get the foverain Power into his own hands : nor fhall any man that is Mafter of Reafon blame fuch extra- ordinary means as in that cafe will be necelfary, the end proving no other than the Conftitution of a well-order'd Commonwealth. The reafon - OCEANA, reafon of this is demonftrable : for the ordinary means not failing, the Commonwealth has no need pf a Legiflator ; but the ordinary means faihng, there is no recourfe to be had but to fuch as are extraordinary. And, wheras a Book or a Building has not bin known to attain to its perfeftion, if it has not had a fole Author or Architeft ; a Common- wealth, as to the Fabric of it, is of the like nature. And thus it may be '^m'''titT'ii n^ade at once; in which there be great advantages: for a Commonwealth to be made at made at once, takes Security at the fame time it lends its Mony ; ones. ajjj trufts not it felf to the Faith of Men, but lanches immediatly forth into the Empire of Laws : and being fet ftreight, brings the Manners of its Citizens to its rule ; whence follow 'd that upriglitnefs which was \n.Lacedemon. But Manners that are rooted in men, bow the tendernefs of a Commonwealth coming up by twigs to their bent ; whence follow'd the obliquity that was in Rome^ and thofe perpetual Repairs by the Confuls Axes, and Tribuns Hammers, which could ne- ver finifli that Commonwealth but in deftruQion. MY Lord General being clear in thefe Points, and of the neceflity of fom other courfe than would be thought upon by the Parlament, appointed a meeting of the Army, where he fpoke his fenfe agreable to thefe Preliminarys with fuch fuccefs to the Soldiery, that the Parla- ment was foon after depos'd ; and he himfelf (in the great Hall of the Pmtheon or Palace of Juftice, fituated in Emporium the capital Ci- ty) was created by the univerfal Suffrage of the Army, Lord Ar- CHON, or fole Legiflator of Oceana,: upon which Theatre you have, to conclude this piece, a Perfon introduc'd, whofe fame fliall never draw its Curtain. THE Lord A r c h o n being created, fifty felefl Perfons to aflift him (by laboring in the Mines of antient Prudence, and bringing its hidden Treafures to new light) were added, with the ftile alfo of Lf- gijlators,zn^ fat as a Council, wherof he was the fole Director and Pre- fident. ^ The OCEANA, 7p 'the Council of Legijlators. , F this piece, being the greater half of the whole work, I fhall be able at this time to give no farther account, than very briefly to fliew at what it aims. M Y Lord A r c h o n in opening the Council of Legiflators,made it appear how unfafea thing it is to follow Phanfy in the Fabric of a Com- monwealth ; and how necelTary that the Archives of antient Prudence fhould be ranfack'd before any Counfillor fhould prefume to offer any other matter in order to the work in hand, or towards the confideration to be had by the Council upon a Model of Government. Wherfore he causM an Urn to be brought, and every one of the Counfillors to draw a Lot. By the Lots as they were drawn, o c o S S o U o H (ISRJEL ATHENS LACEDEMON CARTHAGE the ACHEANS, -> AiTOLlANS, and^ LTCIANS b >Z\ the SIVITZ^ HOLE AN D,andthe V NIT ED PRO- VINCES ROME iFENICE J fpHOSPHORUS DE AUGE. Navarchus DE Paralo. LaCO DE SCYTALE. Mago DE Syrtibus. O iArATUS DE ISTHMO. AlpESTER DE FULMINE, Glaucus DE Ulna. Dolabella deEnyo. '(.Lyj^ceus DE Stella. THESE contain'd in them all thofe Excelleneys wherof a Common- wealth is capable ; fo that to have ad^ec^ more, had bin to no purpofe. Upon time given to the Counfillors, by their own Studys and thofe of their Friends, to prepare themfelves, they were open'd in the Order, and by the Perfons mention'd at the Council of Legiflators ; and afterwards by order of the fame were repeated at the Council of the Prytans to the People : for in drawing of the Lots, there were about a dozen of them infcrib'd with the letter P. wherby the Counfillors that drew them became Prytans. "THE Prytans were a Commiittee of Council fTttirig in the great Hair of Pantheon, to whom it was lawful for any man to offer any thing in order to the Fabric of the Commonwealth : for which caufe, that they might not be opprefi: by the throng, there was a Rail about the Table where they fat, and on each fide of the fame a Pulpit ; that on the ri^ht hand for any man that would propofe any thing, and that on the leiSforanfjpther that would oppofe hirn. And all Party s (being indem- nuy'd by Proclamation of the A r c h o n) were invited to difpute their own Interefls, or propofe 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, left the heat of difpute might break the peace) iiad the Right of Moderators, and were to report 8o OCEANA report from time to time fuch Propofitions or Occurrences as tliey thoiiglit fir, to the Council of Legiflators fitting more privatly in the Palace call'd Jima. THIS was that which made the People (who were neither fafciv to be admitted, nor conveniently to be excluded in the framing of the Commonwealth) verily believe when it came forth, that it was no o- ther than that wherof they themfelves had bin the makers. MOREOVER, this Council fat divers months after the publifli- ing, and during the promulgation of the Model to the People; by which means there is fcarce any thing was faid or written for or againft the faid Model, but you fhall have it with the next impreflion of this vi'ork by way of Oration addreft to, and moderated by the Prjtatjs. BY this means the Council of Legiflators had their neceflary Solitude and due aim in their greater work, as being acquainted from time to time with the pulfe of the People, and yet without any manner of in- terruption or difturbance. WHERFORE every Commonwealth in its place liaving bin open'd by due Method ; that is, Firft, by the People ; Secondly, by the Senat; And, Thirdly, by the Magiftracy: The Council upon mature debate took fuch refults or orders out of each, and out of every part of each of them, as upon opening the fame they thought fit; which be- ing put from time to time in writing by the Clerc or Secretary, there remain'd no more in the conclufion, than putting the Orders fo taken together, to view and examin them with a diligent ey, that it might be clearly difcover'd whether they did interfere, or could any wife com to interfere or joftle one with the other. For as fuch Orders jollling, or coming to joflle one another, are the certain diflblution of the Com- monwealth ; fo taken upon the proof of like experience, and neither joftling, nor fhewing which way they can poffibly com to joftle one another, they make a perfeft, and (for ought that in human Prudence can be forefeen) an immortal Commonwealth. AND fuch was the Art wherby my Lord Arch on (taking Counfilof the Commonwealth of JJrael^ as of Moses; and of the reft of the Commonwealths, as of J e thro) fram*d the Model of the Commonwealth of Oceana, THE C E A N A^ ■ %t THE MODEL O F T H E Commonwealth of OCEANAo W HER AS my Lord Arch on being from Moses and Lycurgus the firft Legiflator that hitherto is found in Hiftory to haveintroduc'dor erefted an intire Common- wealth at once, happen'd, like them alfo, to be more intent upon put- ting the fame into execution or aflion, than into writing ; by which means the Model came to be promulgated or publifh'd with more bre- vity and lefs illuftration than is necelTary for their underftanding who have not bin acquainted with the whole Procedings of the Council of Legidators, and of the Prytans, where it was afferted and clear'd from all objeftions and doubts : To the end that I may fupply what was wanting in the promulgated Epitome to a more full and perfeft Nar- rative of the whole, I llhall rather take the Commonwealth prafliically, and as it has now given an account of it felf in fom years Revolutions (as D I c E A R c H u s is faid to have don that of La.cedemon^ firft tran- Suidas: fcrib'd by his hand fom three or four hundred years after the Inftituti- on) yet not omitting to add for proof to every Order fuch Debates and Speeches of the Legiflators in their Council, or at leaft fuch parts of them as may beft difcover the reafon of the Government ; nor fuch ways and means as were us'd in the inftitution or rife of the Building, not to be fo well conceiv'd, without fom knowlege given of the En- gins wherwithal the mighty Weight was mov'd. But thro the intire omifRon of the Council of Legiflators or Workmen that fquar'd every ftone to this Strufture in the Quarrys of antient Prudence, the proof of the firfl: part of this Difcourfe will be lame, except I infert, as well for illufl:ration, as to avoid frequent repetition, three remarkable Teftimo- nys in this place. THE firft is taken out of the Comm.onwealth of Ifnel: .So Mo-Exod. 18.24; s E s hearken' i to the 'voice of (Jet h r o) his Father in /aiv, and did all that he had faid. And Moses chofe able men out of all Ifrael, and Numb. i. id; made them heads over the People ; Tribuns, as it is in the vulgar Latin ; or Phjlarchs, that is, Princes of theTnbes, fitting upon twelve * Thrones, Matth, and judging the twelve Tribes of Jfrael: and next to thefe he chofe Ru- lers of Thoufands, Rulers of Hundreds, Rulers of Fiftys, and Rulers of Tens, which were the fteps or rife of this Commonwealth from its foundation or root to its proper elevation or accomplifliment xutht San- hedrim, and the Congregation, already open'd in the Preliminarys. * Sellis Curulibus. Grot. U THE 82 OCEANA. THE Second is taken out of Lacedemon, as Lycurgus (for the greater im predion of his Inftitutions upon the minds of his Citizens) pretended to have receiv'd the Model of that Commonwealtli from the Oracle of A p o l l o at Delphos, the words wherof arc thus recorded by P L u T A R c H in the Lite of that famous Legiflator : ' When thou crjg. de Rep. < fhalt liave divided the People into Tribes (which were fix) and Ohas Lac.lib.i. C.6. * (which wcre five in every Tribe) thou fhalt con fUtute the Senat, con- ' fifting, with the two Kings, of thirty Counfilbrs, who, according as ' occafioii requires, fhall caufe the Congregation to be allembled be- * tween theBridg and tlie River GnAcion, where the Senat fhall propofe ' to the People, and difmifs them without fuftering them to debate. The Obx were Linages into which every Tribe was divided, and in each Tribe there was another Divifion containing all thofe of the fame that were of military Age ; which being call'd the Mo-n^ was fubdivided into Troops and Companys that were held in perpetual Difciplin under the Command of a Magillrat call'd the Folemarch. THE Third is taken out of the Commonwealth of Rome, or thofe parts of it which arecompriz'd in the firft and fecond Books of Li vy, where the People, according to the inrtirution by R o m u l u s, are firft divided into thirty Ctirids or Pariflies, wherof he elefted (by three out of each Curiii) the Senat, which from his Reign to that of S e r v i u s Haiicar. T u L L u s propos'd to the Parifhes or Parochial Congregations ; and thefe being call'd the Comitia Curiata^ had the eleftion of the * Kings, the Confirmation of their t Laws, and the laft appeal in matters of Judicature, as appears in the cafe ofHoRATius that kil'd his Sifter ; till in the Reign of Servius (for the other Kings kept not to the inflitution of Romulus) the People being grown fomwhat, the Power of the Curiata was for the greater part tranflated to the Centu- riata, Comma, inflituted by this King, which diflribuced the People ac- cording to the cenfe or valuation of their Eftates into fix Clafles, every one containing about forty Centurys, divided into Youth and Elders; the Youth for field-fervice, the Elders for the defence of their Territo- ry, all arm'd and under continual Difciplin, in which they afTembl'd both upon military and civil occafions. But when the Senat propos'd to the People, tlie Horfe only, wherof there w&vq twelve Centurys confillingof thericheftfort over and above thofe of the Foot enume- rated, weie call'd with the firff Clafiis of the Foot to the fuffrage; or if thefe accorded not, then the fecond Claffis was call'd to them, but feldom or never any of the reft. Wherfore the People after the ex- pulfion of the Kings, growing impatient of this inequality, refled not till they had reduc'd the fufliage as it had bin in the Comitia. Curiata to the whole People again : But in another way, that is to fay, by the Comitia Tribata^ which therupon were inftituted, being a Council where the People in exigencys made Laws without the Senat ; which Laws were call'd P/f^(/«>4. This Council is that in regard wherof Cicero and other great Wits fo frequently inveigh againlf the Peo- ple, and fomtimes even Li v y, as at the firft || inliitution of it. To fay the truth, it was a kind of Anarchy, wherof the People could not * QiiiriteEjRegcm create 5 ita p.itnhus vifiim eft : Tullum HoftiliumRegcmPcpuUis jiiffirjPa- tres uuchores iufti. )• Ut ab Romulo tradicum, luffragiiira viricimeademvi, codemque jure omni- bus datum eft. || Hunc unnum inngneni maxime Comitia Ti ibuta efficiunc ; res major viftoria fiif- cepti certaminis quam ul'u, plus enim dignitatis Comitiis ipi.s dctraftura eft, patribus ex Concilio lubmovendis, quam viriumaut plebi additimi aut demtum pacnbus. ^ be OCEANA, ^ be excufable, if there had not, thro the CouiTes talvcn by the Senar, bin otherwife a neceffity tiiat they muft have fecn the Common- wealth run into Oligarcliy. THE manner how the Comiiix Curiata, CenturUta. or Tribuia Sigonius; were call'd, during the time of the Commonwealth, to the fuffi-age, was by lot: the Curia, Century, or Tribe, wheron the firft lot fel], being ftil'd PrtKcipium, or the Prerogative ; and tlie other Curi^, Centurys, or Tribes, wlieron the fecond, third, and lourtli Lots, &c. fel), the Jure vocat£ : From henceforth not the firft ClafTis, as in the times of Servius, but the Prerogative, M'hether Curia, Century, or Tribe, came firft to the Suffrage, whofe Vote was call'd Omefi Pr^- rogativurn, and feldom fail'd to be leading to tlie reft of the Tribes. The Jure vocau in the order of their Lots came next : the manner of giving fuffrage was, by cafting wooden Tablets, mark'd for the Af- firmative or the Negative, into certain Urns ftanding upon a Scaffold, as they march'd over it in files ; which for the refemblance it bore^ was call'd the Bridg. The Candidal or Competitor* who had moft: Suffrages in a Curia, Century,' or Tribe, was faid to have that Curia^ Century, or Tribe ; and he who had moft oftheG/r/>, Centurys, or Tribes, carry'd the Magiftracy. THESE three places being premis'd, as fuch upon which there will be frequent reflleftion, I com to the Narrative, divided into two parts, the firft containing the Inftitution, the fecond the Conftitution of the Commonwealth ; in each wherof I fliall diftinguifli the Orders, as thofe which contain the whole Model, from the reft of the Difcourfe, which tends only to the explanation or proof of them. IN the inftitution or building of a Commonwealth, the firft work hftitutkn 0/ (as that of Bpilders) can be no other than fitting and diftributing the '*« common" Materials. '"'"''*• THE Materials of a Commonwealth are the People ; and the Peo- Divifmsoftbe pie of Oceana were diftributed by cafting them into certain Divifions, P'¥'- regarding their Quality, their Age, their Wealth, and the places of their refidence or habitation, which was don by the infuing Orders. THE firft ORDER difiributes the People into Freemen or Citi- i- Order. zens, and Servants, while fuch ; for if they attam to Libertj, that is/"^^^^'^"^" to live of themfelves, they are Freemen or Citizens. THIS Order needs no proof, in regard of the nature of Servitude, which is inconfiftent with Freedom or participation of Government in a Commonwealth. The fecond ORDER Aijlributes Citizens into Touthand Elders 2. Order. (fuch as are jrom i'& years of age to ^o, being accounted Touth ; and fuch £^J°'*^'^ ""^ as are of ^o and upwards. Elders) and efiablifljes that the Touth fitall be the marching Arrnys, and the Elders the fianding Garifons of this Na- tion. A COMMONWEALTH whofe Arms are in the hands of her Servants, had need be fituated ( as is elegantly faid of Venice by *CoNTARiNij out of the reach of their clutches; witnefs the * Lontina dellafede degli hucmini. M 2 danger §4 OCEANA, danger run by that of Carthage in the Rebellion of S p e n d i u s and Math o. But tho a City {if one Swallow makes a Summer) may thus chance to be {afe, yet fhall it never be great ; for if Carthage or Feftice acquired 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 Ifrael, Lacedemon^ and Rome intail'd their Arms upon the prime of their Citizens, divided (at leafi: in Lacedetnon and Rome') mto Youth and Elders ; the Youth for the Field, and the Elders for defence of the Territory. 5. Order. THE third ORDER difiributes the Citizens into Horfe and Foot plot " "" h ^^■'^ cenfeor valuation of their EJlates ; they who have above one hundred Pounds a year in Lands^ Goods , or Monys, being obliged to be of the Horfe '^ and they who have under that Sumj to be of the Foot. But if a man has frodiga/ly wajled andfpent his Patrimony, he is neither capable of Magijlra- cy^ Office, or Suffrage in the Commonwealth. CITIZENS are not only to defend the Commonwealth, but according to their abilitys, as the Romans under ServiusTullus (regard had to their Eftates) were fom inrol'd in the Horfe Centurys, and others of the Foot, with Arms injoin'd accordingly ; nor could it be otherwife in the reft of the Commonwealths, tho out of Hiftorical Remains,thatare fo much darker, it be not fo clearly provable. And the necefTary Prerogative to be given by a Commonwealth to Eftates, is in fom meafure in the nature of Induftry, and the ufe of it to the Pub- lic. * Fhe Roman People, fays Julius Exuperantius, were divided into Claffes, and tax^d according to the value of their Eftates. All that were worth the Sums appointed were implofd in the Wars ; for they vnoft eagerly contend for the Victory, who fight for Liberty in defence of their Country and Poffefjions. But the poorer fort were poPd only for their Heads (which was all they had) and kept in Garifbn at Iwme in time of War : For thefe might betray the Armys for Bread, by reafon of their Poverty ^ which is the reafon that M A r i u s, to whom the care of the Government ought not to have bin committed., was the firft that led ''em into the field ; and his Succefs was accordingly. There is a mean in things ; as exor- bitant Riches overthrow the Balance of a Commonwealth, fo extreme Poverty cannot hold it, nor is by any means tobetrufted with it. The Claufe in the Order concerning the Prodigal is Athenian, and a very lau- dable one ; for he that could not live upon his Patrimony, if he corns to touch the public Mony, makes a Commonwealth Bankrupt. 4- Order. THE fourth ORDER difiributes the People according to the f laces Mmd,'eJsfand^f f^-'^^'' Flabitation, into Par iffjcs, Hundreds, and Tribes. Tribes. FOR except the People be methodically diftributed, they cannot be methodically collefted ; but the being of a Commonwealth con- fifts m the methodical Colle£lion of the People « wherfore you have the ^ Populus Romanus per CHilTcs divifus crac, & pro Patrimonii facilitate cenfebantiir ; ex iis, omnesquibiis rescrat, ad militiam ducebantur ; diligenter enim pro viftoiia laborabaiit, qui ex libcrt.tcebona patriam dcfendebant : Illi autem quibus nulla; op^-s erant, caput fuum, quod fo- liun polfidebant, cenl'ebantur, & belli tempore in mocnibus refidebant ; facile enim pjterant exilkrepraditJreSj quia egeftas baud facile habetur fine damno. HosigiturMarius, quibus njn fuerat Relp. commitcenda, duxit ad bcllum, .\. Ifra^ OCEANA, 85 //r/ie//>//Z' Divifions into Rulers of Thoufands, of Hundreds, ofFiftys, and of Tens ; and of the whole Commonwealth into Tribes : The Laconic into Ohas^ Morns, and Tribes ; the Roman into Tribes, Cen- turys, and Clafles : and fomthing there muft of necedity be in every Government of the like nature ; as that in the late Monarchy, by C (iuntys. But this being the only Inftitution in OcemA (except that of the Agrarian) whichrequir'd any charge, or included any difficul- ty, ingages me to a more particular Defcription of the manner how it wasperform'd, as follows. A THOUSAND Surveyors commiffionated and infl:ru6led by Theufetmdme- the Lord A r c h o n and tiie Council, beiag divided into two equal ''•"«'''/* •S'"'"- numbers, each under theinfpeftion of two Surveyors General, were di-^^''"'^^' ftributed into the Northern and Southern parts of the Territory, di- vided by the River Hemifua, the whole wherof contains about ten thoufand Parifhes, fom ten of thofe being aflign'd to each Surveyor : For as to this matter there needed no great exaftnefs, it tending only (by fine wing whither every one was to repair, and wherabout to be^in) to the more orderly carrying on of the work ; the nature of their In- ftruftions otherwife regarding rather the number of the Inhabitants than of the Parifhes. The Surveyors therfore being every one furnifli'd with a convenient proportion of Urns, Balls and balloting Boxes (in the ufe wherof they had bin formerly exercis'd) and now arriving each at his refpeftive Parifhes, began with the People, by teaching them their firft lelTon, which was the Ballot ; and tho they found them in the beginning fomthing froward as at toys, with which (while they were in expeftation of greater matters from a Council of Legiflators) they conceiv'd themfelves to be abus'd, they came within a little while to think them pretty fport, and at length fuch as might very foberly be us'd in good earneft ; wherupon the Surveyors began the Inftitution included in THE fifth ORDER, requiring. That upon the jirft Monday next 5. Order. infuinq the lafl of December, the hhi/er Bell in every Parifh throout the if't,"^"!! "^ Nation be rung at eight oj the Liock in the morning, and continue ringing of the Ballot, for the [pace of one hour ; and that all the Elders of the Pariflj reffeEiivelj ""'^ "f the De- repair to the Church, before the Bell has don ringing ; where dividing them- ^^' felves into two equal Numbers, or as near equal as may be, they f/jall take their places according to their Dignity s (if they be of divers quality s) and according to their Seniority (Jj they be of the fame') the one half on the one jide^ and the other half on the other, in the body of the Church : rvhich don, they jhall make Oath to the Overfeers of the Pari/b for the time being (inftead of thefe the Surveyors were to officiat at the Inftitu- tion or firfb A iTembly) by holding uf their hands, to make a fair Eleiiion according to the Laws of the Ballot, as they are hereafter explain* d, of fuch Perfons, amounting to a fifth part of their whole number, to be their Depu- ty s, and to exercife their Power in manner hereafter explain d, as they jhall think in their Confciences to be fittefl for that trujl, and will acquit them- felves of it to the befl advantage of the Commonwealth. And Oath be- ing thus made, they fhall procede to Eleftion, if the Elders of the Parijh amount to one thoufand by the Ballot of the Tribe (as it is in due place ex- plain'd) and if the Elders of the Pariflj amount to ffty or upwards, but within the number of one thoufand, by the Ballot of the hundred Jj3.s it is in due place explain'd). But if the Elders amount not to ffty, then they fjoll 86 OCEANA. fljall precede to the Ballot of the Pariffj, as it is in this place and after this manner explain' d. The two Overfeers for the time being fjall feat themfehes at the ttpj/er end of the middle Allj^ with a Table before them^ their faces being towards the Congregation : And the Con/lab/e for the time being Jhall fet an Vrn before the Table, into which he jhaU put fo many Balls as there be Elders prefent, wherof there jhall be one that is gilded, the refi being white ', and when the Conflable has jhaken the Vrn fufficientlj to mix the Balls, the Overfeers fjall call the Elders to the Vrn, who from each ftde of the Church jhall com up the middle Ally in two pies, every man pajjir/g by the Vrn, and drawing out one Ball ; which if it be Silver, he jhall cajl into a Bowl fianding at the foot of the Vrn, and return by the outward Ally on his fide to his place. But he who draws the f olden Ball is the Propofer, and fjall bejeated between the Overfeers, where e jhall begin in what order he pleafes, and name fuch as (upon his Oath already taken) he conceives fttefl to be chofen, one by one, to the Elders ; and the Party narn'd jjjall withdraw while the Congregation is balloting his name by the double Box or Boxes appointed and mark'd on the outward part, to jhew which fde is Affirmative and which Negative, being carry'd by a Boy or Boys appointed by the Overfeers, to every one of the Elders, who jhall hold up a pellet made of linen hags, between his Finger and his I humb, and put it after fuch a manner into the Box, as tho no man can fie into which fide he puts it, yet any man may fee that he puts in but one pellet or Suffrage. And the fuffrage of the Congregation being thus given, jhaU be returned with the Box or Boxes to the Overfeers, who opening the fame, jhall pour the affirmative Balls into a white Bowl (landing upon the Table on the right hand, to be, number"* d by the firfl Overfeer ; and the Negative in- to a green Bowl fianding on the left hand, to be numbered by the jecond Overfeer : and the fuffrages being number'' d, he who has the major part "in the Affirmative is one of the Deputys of the Parijh : and when fo ma- ny Deputys are chofen as amount to a full ffth part of the whole num- ber of the Elders, the Ballot for that time fljall ceafe. The Deputys being chofen are to be lifted by the Overfeers in order as they were chofen, except only that fuch as are Horfe muft be lifted in the firfl place with the refl, pro- portionable to the number of the Congregation, after this manner : Anno Dom. The Lift of the frft Mover. A.k. Ord.Eq. i Dep.y/ the Parijfj of in the Hundred B. B. zDep.fof and the Tribe of -which C. C. 5 Dep.)> Parijh at the prefent EleBion contains D. D. 4 Depi 20 Elders, wherof one is of the Horfe E. E. 5 Dep./ or Eqaejlrian Order. The firfl and fecond in the Lift are Overfeers by confequence : the third is the Conftable, and the fourth and fifth are Churclnvardens •■, the Per- fins fo chofen are Deputys of the Parijjj for the fpace of one year from their Election, and no longer ; nor may they be eleBed two years together. This Lift being theVnxnxxm. Mobile, or fir ft Mover of the Commonwealth, is to be regifier''d in a Book diligently kept and preferv*d by the Overfeers, who are refponfible in their places for thefe and other Dutys to he hereafter mentioned J to the Cenfors of the Tribe : and the Congregation is to obferve t the OCEANA, 87 the frefent Order, as they will anfrver the contrary to the Vhyhrch, or Pre- rogative Troop of the Tribe ; which, in cafe of failure tn the whole or any fart of it, have power to fine them or any of them at difcretion, hut un- der an Appeal to the Parlament. FOR proof of this Order ; Firft, in Reafon : It is wiih all Politi- cians pafl; difpute, that paternal Power is in the right of Nature ; and this is no other than the derivation of Power from Fathers of Familys, as the natural root of a Commonwealth. And for Experience, if it be 0- therwife in that of //0//4W, I know no other example of the like kind. In Ifrael, the foverain Power came clearly from the natural Root, thejof. 24. i. Elders of the whole People ; and Rome was born (Comitiis CariatisJ in her Parochial Congregations, out of which Romulus firft rais'd her Senat, then all the relf of the Orders of that Commonwealth, which 1 ofe fo high : For the depth of a Commonwealth is the jufl: height of it. * She raifes up her Head unto the Skys, Near as her Root unto the Center lys. AND if the Commonwealth of Rome was born of thirty Parifhes, this of Oceana, was born of ten thoufand. But wheras mention in the birth of this is made of an Equeftrian Order, it may ftartlefuchasknow that the divifion of the People of Rome, at the Inftitutionof that Com- monwealth into Orders, was the occafion of its ruin. The diftinftion of the Patrician as a hereditary Order from the very Inftitution, ingrof- fing all the Magiftracys, was indeed the deftruftion of Rome \ but to a Knight or one of the Equeftrian Order, fays Horace, Si quadringentis fex feptem miHia defunt, Plebs eris. By which it fhould feem that this Order was not otherwife hereditary than a mans Eftate, nor did it give any claim to Magiftracy ; wher= fore you fliall never find that it difquieted the Commonwealth ; nor dos the name denote any more in Oceana, than the Duty of fuch a man*s Eftate to the Public. B U T the Surveyors both in this place and in others, forafmuch as they could not obferve all the Circumftancesof this Order, efpecially that of the time of Eleftion, did for the firft as well as they could ; and, the Eleftions being made and regifter'd, took each of them Copysofthofe Lifts which were within their Allotments ; which don, they produc'd THE fixth ORDER, direfting, in cafe a Parfon or Vicar of a Pa- 4- Order. rifl) corns to he remov'd by Death or by the Cenfors, that the Congregation of^JJ^jf^^fl'^^i the Parijh ajfemble and depute one or two Elders by the Ballot, who upon the ligim, andLi- eharge of the Parijh /ball repair to one of the Vniverfitys of this Nationwith^^^fyf Cmfd- a Certificat fign'd by the Overfeers, and addrefi to the Vice-Chancellor : ^""' which Certifcat givif'g notice of the Death or Removal of the Parfon or Vicar, of the value of the Parfonage or Vicarage, and of the defire of the * Ipfa haerec Scopulis, & tantum vercice ad Auras yEthcrcis, quantum radice ad Tarcara, cendic- Congre^ 88 OCEANA. Congregation to receive a Probationer from that Vniverfity ; the Vice-Chan- cellar upon the receit therof Jhall call a Convocation^ and having made choice of A ft Perfon^ (hall return him in due time to the Parifh, where the Perfon fo returned (hall receive the full fruits of the Benefce or Vicarage, and do the duty of the Parfon or Vicar, for the /pace efone year, as Probationer : and that being expir''d, the Congregation of the Elders JJjall put their Probation- er to the Ballot : and if he attains not to two parts in three of the Suffrage affirmative, hefhall take his leave of the Parijh, and they /hall fend in like manner as before for another Probationer ; hut if their Probationer obtains two parts in three of the Suffrage affirmative, he is then P aft or of that Pa- rijh. And the P aft or of the Parifh jhall fray with the Congregation, preach the Word, and adminifler the Sacraments to the fame, according to the Di- reBory to be hereafter appointed by the Par lament. Never thelefs fuch as are of gather''d Congregations, or from time to time fjjall join with any of them, are in no wife obli£dto this way of eleBing their Teachers, or to give their Votes in this cafe, but wholly left to the liberty of their ownConfciences, and to that way of Worjhip which they fjjall chufe, being not Popifij, Jew- ifh, or Idolatrous. And to the end they may be the better protected by the State in the free exercife of the fame, they are defir''d to make choice^ in fuch manner as they beft like, of certain Magiftrats in every one of their Congregations, which we could wijb might be four in each of them, to be Auditors in cafes of differences or diftaft, if any thro variety of opinions^ that may be grievous or injurious to them, Jhould fall out. And jiich Au- ditors or Magiftrats /ball have power to examin the matter, and inform themfelves, to the end that if they think it of fufficient weight, they may ac- quaint the Phy larch with it, or introduce it into the Council of Religion ; where all fuch Caufes as thofe Magiftrats introduce, (hall from time to time he heard ' and determin''d according to fuch Laws as are or [hall hereafter be provided by the Par lament for the juft defence of the Liberty of Confidence. THIS Order confifts of three parrs, the firft reftoring the power of Ordination to the People, which, that it originally belongs to them, is clear, tho not inEnghfhyet in Scripture, where the Apoftlesor^-ij/V^ Aa.M4. :3. Elders by the holding up of hands in every Congregation, that is, by the futfrage of the People, which was alfo given in fom of thofe Citys by the Ballot. And tho it may be fliewn that the Apoftles ordain'd fom by the laying on of hands, it will not be fliewn that they did fo in every Congregation. E X C O M M U N I C A T I O N, as not clearly provable out of the Scripture, being omitted, the fecond part of the Order implys and eftablifhes a National Religion : for there be degrees of Knowlege in divine things ; true Religion is. not to be learnt without fearching the Scriptures ; the Scriptures cannot be fearch'd by us unlefs we have them to fearcli ; and if we have nothing elfe, or (^which is all one) un- derhand nothing elfe but a Tranflation, we may be (as in the place allcg'd we have bin) beguil'd or milled by the Tranflation, while we lliould be fearching the true lenfe of the Scripture, which cannot be attain'd in a natural way (and a Commonwealth is not to prefume up- on that which is fupernatural) but by the knowlege of tiie Original and of Antiquity, acquir'd by our own ftudys, or thofe of fom o- theis, for even Faith corns by hearing. Wherfore a Commonwealth not making provifion of men from time to time, knowing in the original Languages wherin the Scriptures were written, and vers'd in thofe An- tiquitys OCEANA. 89 tiquitys to which they fo frequently relate, that the true fenfe of them depends in great part upon that Knowlege, can never be fecure that fhe fhall not lofe the Scripture, and by confequence her Religion ; which to preferve fhe muft inftitute fom method of this Knowlege, and fom ufe of fuch as have acquir'd it, which amounts to a National Religion. THE Commonwealth having thus per for m'd her duty towards God, as a rational Creature, by the beft application of her Reafon to Scripture, and for the prefervation of Religion in the purity of the fame, yet pretends not to Infallibility, but coms in the third part of the Order, eftablifhing Liberty of Confcience according to the In- ftruftions given to her Council of Religion, to raife up her hands to Heaven for further light ; in which proceding llie follows that (as was fliewn in the Preliminarys) of Jfrael^ who tho her National Religion was always a part of her Civil Law, gave to her Prophets the upper hand of all her Order?. BUT the Surveyors having now don with the Parifhes, took their Definition of n leaves; foaParifh is the firft divifion of Land occafionM by the firft^""}''. Colledion of the People of Oceana, whofe Funftion proper to that place is compriz'd in the fix preceding Orders. THE next ftep in the progrefs of the Surveyors was to a meeting oUnftitution of the neareft of them, as their work lay, by twentys ; where conferring f*« Hundred. their Lifts, and computing the Deputys contain'd therin, as the number of them in Parifhes, being neareft Neighbors, amounted to one hun- dred, or as even as might conveniently be brought with that account, they caft them and thofe Parifhes into the Precin6t which (be the De- putys ever fince more or fewer) is ftill call'd the Hundred : and to every one of thefe Precinfts they appointed a certain place, being the moft convenient Town within the fame, for the annual Rendevouz ; which don, each Surveyor returning to his Hundred, and fummoning the Deputys contain'd in his Lifts to the Rendevouz, they appearM and receiv'd THE feventh ORDER, requiring, That upon the Jirfi Monday ^. order. next infuingthe lafi of January, the Deputjs of every Parijh annually af femble in Arms at the Rendevouz of the Hundred, and there ele£f out of their number one Jujlice of the Peace, one Juryman, one Captain, one Enjign of their Troop or Century, each of thefe out of the Horfe ; and one Juryman, one Crowner, one High Confiable, out of the Foot; the EleBion to be made by the Ballot in this manner. The Jurymen for the time being are to be Overfeers of the Ballot (inftead of thefe, the Survey- ors are to officiat at the firft AfTcmbly) and to look to the performance of the fame according to what was directed in the Ballot of the Parifhes, fav- ing that the High ConflMe fetting forth the Vrn, JJjall have five feveral futes of Gold Balls, and one dozen of every fute ; wherof the firft fhall be mark'd with the Letter A, the fecond with the letter B, the third with C, the fourth with D, and the fifth with E : and of each of thefe futes he fhall caft one Ball into his Hat, or into a little Vrn, and (baking the Balls toge- ther prefent them to the firfi Overfeer, who fhail draw one, and the fute which is fo drawn by the Overfeer (ball be of ufe for that day, and no other : for example, if the Overfeer drew an A, the High Confiable fhall put feven Gold Balls marked with the letter A into the Vrn, mthfo many Silver ones as jhall bring them even with the number of the Deputy Sy who 9° OCEANA. being frvorn, as before, at the Ballot of the Parifi to ^ake a fair EkHion^ pall he call d to the Vrn ; and every man coming in manner as was there (hew^d, (ball draw one Ball, which if it be Silver, he fhall ca/l it into a. Bowl landing at the foot of the Vrn, and return to his flace ; hut the frjt that draws a Gold Ball (jljewing it to the Overfeers, who if it has not the let' ter of the prefent Ballot, have power to apprehend and punijJj him) is the frfi Elector y the fecond the fecond Elector, and Co to the jeventh ; which Order they are to obferve in their funStion. The EleBori as they are dtAwn Jhall be placed upon the Bench by the Overfeers, till the whole number be complete, and then be conducted, with the Lifi of the Officers to bechofen^ into A Place apart ^ where being privat, the frjl Elector fjall name a Perfon to the firj} Office in the Lifi ; and if the Perfonfo nam^d, being bal- lotedby the refi of the Ele^ors, attains not to the better half of the Suffra- ges in the Affirmative, the firfi Elector fljall continue nominating others, till one of them fo nominated by him attains to the plurality of the Suffra- ges in the Affirmative, and be written firfi Competitor to the firfi Office. This don, the fecond Elector fhall obferve in his turn the like order ; and fo the refi of the Elector s,namingCompet it or s each to his refpeSlive Office in the Lift ^ ill one Competitor be chojen to every Office : and when one Competitor is chofen to e- very Office,thefirft Elector fb all begin again to name a fecond Competitor to the fir fi Office, and the refi fucceffively fhall name to the refi of the Offices till two Competitors be chofen to every Office ; the likefballbe repeated till three Com- petitors be chofen to every Office. And when three Competitors are chofen to every Office, the Lifi f^allhe return" dto the Overfeers, or juch astheOvei^ feers, in cafe they or either of them happened to be Electors, have fubfiituted in his or their place or places : and the Overfeers or^Subflitutes having caus'cL the Lifi to be read to the Coyigregation, [hdl put the Competitors, in order as they are written, to the Ballot of the Congregation : and the refi of the JProcedings being carrfd on in the manner dire£led in the Fifth Order, that Competitor, of the three written to each Office,', who has mofi of the Suf- frages above half in the Affirmative, is the Officer. The Lijl being after this manner completed, fhall be entred into a Regifier, to be kept at the Rendevouz of the Hundred, under infpeB ion of the Magifirats of the fame, after the manner jollpxving : Anno Domini The Lift of the Nebulofa. A. A. Ord. Eq. Juftice of the Peace "j B. B. Ord. Eq. Firft Turyman \ r i rr i i c ■ , C. C. Ord. Eq. Captain of the Hundred 1 i ^ "r , fTT'^'^'' D.D. Ord. Eq. EnGgn V'i'/~ ftch Hundred E. E. Second Juryman Y'^f'P '' '^'" ^^'^^'^ 'f F. F. HighConftable ^lo^ Deputys. G. G. Crowner j THE Lift being enter''d, the High Confiable fhall take three Copysofthe fame, wherof he fhall prefent ly return one to the Lord High Sheriff of the Tribe, a fecond to the Lord Cuftos Rotulorum, and a third to the Cen- firs ; or thefe, thro the want of fuch Magifirats at the firfi mufier, may be returned to the Orator, to be appointed for that Tribe. To the obferva- tionof all and every part of this Order, the Officers and Deputy s of the Hundred are all and every of them oblig'd, as they will anfwer it to the Phy- .]. Jarcb, OCEANA, 9£ larch, who hTs power in cafe of failure in the whole or any pari- ^ to fine all. or any of them fo failing at difcretion, or according to fuch Laws as/Jya/l hereafter be provided in that cafe \ hut andet an Appeal to the ParUment. THERE is lictle in this Order worthy of any further account, but that it anfwers to the Rulers of Hundreds in Ifrael, to the Mora or Military pait of the Tribe in Lacedemon, and to the Century in Rome. The Jurymen, being two in a Hundred, and fo fdrty in a Tribe, give the Latitude allow'd by the Law for exceptions. And wheras the Golden Bails at this Ballot begin to be mark'd with Letters, wherof one is to be drawn immediatly before it begins ; this is to the end that the Letter being unknown, Men may be fruftrated of tricks or foul play, wheras otherwife a Man might bring a Golden Ball with him, and make as if he had drawn it out of the Urn. The Surveyors, when they had taken Copys of thefe Lifts, had accomplifli'd their work in jthe Hundreds. SO a Hundred is the fecond Divifion of Land occarion'd by the Mnkim 4 fecond Colleftion of the People, whofe Civil and Military Funtlions^'-'^ '^'""^'"'' proper to this place are compriz'd in the foregoing Order. HAVING ftated the Hundreds, they met once again by Twen- tys, where there was nothing more eafy than to caft every twenty Hundreds, as they lay moft conveniently together, into one Tribe ; fo the whole Territory of Oceana, confining of about ten thoufand inft'txiion 4 Parifhes, came to be cafl into one thoufand Hundreds, and into fifty ^*' ^'''*^* Tribes. In every Tribe at the place appointed for the annual Rende- vouz of the fame, were then, or foon after, begun thofe Buildings which are now call'd Pavilions ; each of them lianding with one of tfn Pavi- open fide upon fair Columns, like the porch of fom antient Temple, ^'''"' and looking into a Field, capable of the mufler of fom four thoufand Men: Before each Pavilion ftand three Pillars fuftaining Urns for the Ballot, that on the right-hand equal in height to the brow of a Horf- man, being call'd the Horfe Urn ; that on the left-hand, with Bridges on either fide to bring it equal in height with the brow of a Footman, being call'd the Foot Vrn ; and the middle Vrn with a Bridg on the fide towards the Foot Urn, the other fide, as left for the Horfe, being without one : and here ended the whole work of the Surveyors, who return'd to the Lord Archon with this Account of the Charge. ■ /. s. IMPRIMIS, Urns, Balls, and Balloting Boxes for") ^ , ne whok ten thoufand Parifhes, the fame being wooden Ware J ^°°°° ^^ charge of tk IT E M, Provifions of thelikekind for a thoufand Hundreds, ?ooo 00 ^"^'"'^'°"' ITEM, Urns and Balls of Metal, with Balloting? Boxes for fifty Tribes, ^ 2000 oa ITEM, Forereding of fifty Pavilions, 60000 oo ITEM, Wages for four Surveyors General at 1 000 /. a man, 4000 00 ITEM, Wages for the refl: of the Surveyors, being? 1000, at 250/. a man, ,^^250006 00 Slim Total, 539006 00 N 2 THI^ 92 OCEANA, THIS Is no great matter of charge for the building of a Common- wealth, in regard that it has coft (which was pleaded by the Survey- ors) as much to rig a few Ships. Neverthelefs that proves not them to be honeft, nor" their account to be juft ; but they had their Mony for once, tho their reckoning be plainly guilty of a Crime, to coft him his Neck that commits it another time, it being impoflible for a Com- monwealth (without an exa.ft provifion that it be not abus'd in thig kind) to fubfift : for if no regard fhould be had of the Charge (tho that may go deep ) yet the Debauchery and Corruption, wherto, by negligence in Accounts, it infallibly expofes its Citizens, and therby lefTens the public Faith, which is the Nerve and Ligament of Govern- ment, ought to be prevented. But the Surveyors being difpatch'd, the Lord A R c H o N was very curious in giving names to his Tribes, which having causM to be written in Scrols call into an Urn, and pre- fented to the Counfillors, each of them drew one, and was according- ly fent to the Tribe in his lot, as Orators of the fame, a Magillracy no otherwife inftituted, than for once and pro tempore, to the end that the Council upon fo great an occafion might both congratulat with the Tribes, and aflift at the firft mufter in fom things of neceflity to be differently carry'd from the eftablifh'd Adminiftration, and future Courfe of the Commonwealth. THE Orators being arrived, every one as foon as might be, at the Rendevouz of his Tribe, gave notice to the Hundreds, and fummon'd the Mufter, which appearM for the moft part upon good Horfcs, and already indifferently well arm'd ; as to inftance in one for all, the Tribe of Nubia^ where Hermes de Caduceo, Lord Orator of the fame, after a fhort falutation and a hearty welcom, apply'd himfelf to his bufinefs, which began with 8. Order. THE eighth O R D ETl , requiring, Thxt the Lord High Sheriff as Commander in Chiefs and the Lord Cuftos Rotulorum as Mujlermajler of the Tribe (or the Orator for the fir fi Mujier ) upon reception of the Lifts of their Hundreds^ returned to them by the High Conjlahles of the fame^ prefentlj caufe them to be caft up, diz>iding the Horfe from the Foot, and liJHng the Horfe by their names in Troops^ each Troop containing about A hundred in number^ to be infer ib^d^ firft ^ fecond, or third Troops &c. according to the Order agreed upon by the faid Magiftrats : Which don they jhaU lift the Foot in like manner, and infer ibe the Company s in like or- der. Thefe Lifts upon the Eve of the Mufter Jh all be delirver'^d to certain Trumpeters and Drummer s.^ wherof there pj all be jf teen of each fort (as well for the prefent as other ufes to be hereafter mention' d) fttpendiated by the Tribe. And the Trumpeters and Drummers ftjall be in the Field before the Pavilion., upon the day of the Mufter, fofoon as it is light, where they jhall ft and every one with his Lift in his hand, at a due diftame, plac''d ac- cording to the Order of the Lift ; the Trumpeters with the Lifts of the Horfe on the right-hand, and the Drummers with theLifts of the Foot on the left-hand : where having founded a while, each of them [hall begin ta call, and continue calling the names of the Deputy s, as they com into the field, till both the Horfe and Foot be gather"* d by thai means into their due Order. The Horfe and Foot being in order, the Lord Lieutenant of the Tribe fljall eajt fo many Gold Balls marked with the figures i, 2, 5, 4, &-C. Oi there be Troops of Horfe in the Field, together withfo many Silver Balls as there be Company s, marlCd in the fame manner, into a little Vrn, to 't whigh OCEANA, ^5 which he jhall call the Captains ; a>2ei the Captains drawing the Gold Balls fb.ill command, the Horfe, and thofe that draw the Silver the Foot., each in the order of his Lot, The iike fhall he don bj the Conducfor at the fame time for the Ensigns at another Urn ; and they that draw the Gold Balls Jhall be Cornets, the rejl Enjigns. THIS Order may puzzle the Reader, but tends to a wonderful fpeed of the Mufter, to which it would be a great matter'to lofe a day in ranging and martialling, wheras by virtue of this the Tribe is no fooner in the field than in Battalia, nor fooner in Battalia tlian call'd to the Urns or the Ballot by virtue of THE ninth ORDER, tvherhj the Cenfors (or the Orator for the p. Ordcj= frjl Mujler) upon reception of the Lifis of the Hundreds from the High Conjlables^ according as is directed hy the feventh Order ^ are to make their Notes for the Urns beforehand^ with regard had to the Lifts of the Ma^ gijlrats, to be elected hy the infuing Orders ; that is to fay ^ by the fir fi Lifi called the prime Magnitude, fix ; and by the fecond call'd the Galaxy, nine. Wherfore the Cenfors are to put into the middle Vrn for the EleBion of the fir ft Lifi twenty four Gold Balls ^ with twenty fix Blanks or Silver Balls, in all fixty ; and into the fide Urns fixty Gold Balls divided into each according to the different number of the Horfe and the Foot : that is to fay, if the Horfe and the Foot be equal, equally ; and if the Horfe and the Foot he inequal, inequally, by an Arithmetical Proportion. The like jhall be don the fecond day of the Mufier, for the fecond Lift, except that the Cen-> forsfljallput into the middle Vrn 56 Gold Balls with 24 Blanksy in all fixty ; and fixty Gold Balls into the fide Vrns, divided re/pe^ively into the number of the Horfe and the Foot : and the Gold Balls in thefideVrns at either Ballot are by the addition of Blanks to be brought even with the number of the Ballot ants at either Urn refpeciively. The Cenfors having prepar'^d their Notes y as has bin {hewn, and being com at the day appointed into the Field, fijall preftnt a little Urn to the Lord High Sheriff, who is to draw twice for the Letters to be us''d that d/ty, the one at the fide Urns, and the other at the middle. And the Cenfors having fitted the Urns accordingly, fijaU place themfelves in certain movable Seats or Pulpits ( to be kept for that ufe in the Pavilion) the firfi Cenfor before the Horfe Urn, the fecond before the Foot Urn, the Lord Lieutenant doing the Office of Cenfor pro tem- pore at the middle Urn ; where all and every one of them fhall caufe the Laws of the Ballot to be diligently obferv^d, taking a fpecial care that na Man be fujfer''d to com above once to the Urn (wherof it more particular-^ ly concerns the Stibcenfors, that is to fay, the Over jeers of every Parijh^ to be careful; they being each in this regard refponfible for their refpe£live Pa-' rijhesj or to draw above one Ball, which if it be Gold, he is to prefent to the Cenfor, who jhall look upon the Letter ; and if it be not that of the day, and of the refpeclive Urn, apprehend the Party^ who for this or any other like diforder, is obnoxious to the Phy larch. THIS Order being obferv'd by the Cenfors, it is not poflible for the People, if they can but draw the Balls, tho they underftand no- thing at all of the Ballot, to be out. To philofophize further upoa this Art, tho there be nothing more rational, were not worth the while ; becaufe in writing it will be perplex'd, and the firft praftice of it gives the demonftration : whence it came to pafs, that the Orator^ after 54 OCEANA. after fom needlefs pains in the explanation of tlie two foregoing Or- ders, betaking Iiimfelf to exemplify tlie fame, found the work don to his hand ; for the Tribe, as eager upon a bufinefs of this nature, had retain'd one of the Surveyors, out of whom (before the Orator ar- riv'd) they liad got the whole Myftcry by a ftoln Mufter, at which in order to the Ballot tl:ey had made certain Magiftrats pro tempore. Wherfore he found not only the Pavilion ( for this time a Tent ") ercft- ed with three Ports fupplying the place of Tilla'rs to the Urns ; but the Urns being preparM with a )ufl: number of Ralls for the firft Ballot, to becom the Field, and the occafion very gallantly, with their Covers made in the manner of Helmets, open at either ear to give paflage to the hands of the Ballotanrs, and flanting with noble Plumes to direft the March of the People. Wherfore he preceded to jc. Order. THE tenth OR.DER, requirwgof the Deputy s of the Parijhes^ That upon every Monday next enfuing the Ltfi of February, they make their pcrfonal appear a>?ce, Horje and Foot in Arms accordingly^ at the Ren- det'oiiz of the Tribe ; where being in Difciplin, the Horfe upon the right ^ and the toot upon the left, before the Pavilion^ and having made Oath by holding up their hands upon the tender of it b) the Lord High Sheriff, to make Eleflion without favour, and of J'uch only as they fJjall judg fttefi for the Commonwealth : The Conduclor fljall take three Balls, the one infer i^d with thefe words [outward Files] another with thefe rvords [inward Files] and the third with thefe [middle Files] which Balls he Jba/l caff into a little Vrn, andprefent it to the Lord High Sheriff', who, drawing one^ jhallgive the words of Command, as they are therupon infer iVd, and the Ballot jhall begin accordingly. For example, if the Ball be infcriPd middle Files, the Ballot jfjall begin by the middle ; that is, the two Files that are middle to the Horfe, fjall draw out firft to the Horfe Vrn, and the two Files that are middle to the Foot, jhall draw out fir Ji to the Foot Vrn, and be followed by all the refi of the Files as they are next to them in order. The like jhall be don by the inward, or by the outward Files, in cafe they be firft called. And the Files, as every Man has drawn his Ball, if it be Silver, jfjall begin at the Vrn to countermarch to their places ; but he that has drawn a Gold Ball at a fide Vrn, jjjall procede to the middle Vrn, where if the Ball he draws be Silver, he alfo fijall countermarch : But if it be Gold, he jiull take his place afon a form fet crofs the Pavilion, with his face toward the Lord High Sheriff, who jJjall hefeated in the middle of the Pavilion, with cer^ tain Clercs by him, one of which jhall write down the names of every E- leflor, that is, of every one that drew a Gold Ball at the middle Vrn, and in the Order his Ball was drawn, till the Electors amount to fix in number. Andthe firft fix EleBors, Horfe and Foot promifcuoufty, are the firft Order of Electors; the jecond fix (ft ill accounting them as they are drawn) the fecond Order ; the third fix, the third Order ; and the fourth fix, the fourth Order of EleBors : every Elector having place in his order, according to the order rvherin he was drawn. But fo joon as the firft Order of Eletiors is complete, the Lord High Sheriff jhall fend them with a Copy of the following Lift, and a Clerc that under ft ands the Ballot, immediatly to a. little Tent ftanding before the Pavilion in his ey, to which no other Perfon but themfelves, during the Ele^ion^ jhall approach. The Lift jhall be witteu in this manner : Anno OCEANA 9,5 Anno Domini Tfje Liji of the Prime Magnitude or jirfi days ^Uciion of Magijlratf. I. The Lord High Sheriff Commmder in Chief '^ ^ , .^ ., ^ -^r ^''S't"tnnoft}» o. Lord Lieutenant ^O^' ^''^' 'f ^u- i>'r '^^^-- 5. Lord CuftosRotulorum, Mujlerma/ler General 4. Tiie Conductor, heing Quartermafter General ' 5. The firfl: Cenfor 6. The fecond Cenfor bia, containing at this ^'"^^' prefent Mufier 700 Horfe^and 1500 Foot^ in all 2200 Deputjs, AND the Electors of the firfl hand or order ^ being fix, jhall each of, them name to his refpeclive Magiflracy in the left fttch as are not already elected in the Hundreds, till one Competitor he chofen to every Magiflracy in the Lifl by the Ballot of the Electors of the firfi Order ; which don, the Lifi with the Competitors therunto annex'd fljall he returned to the Lord High aherijfby the Clerc attending that Order, but the Electors Jhall keep their places : for they have already given their Suffrage, and may not enter into the Ballot of the Tribe. If there arifes any Difpute in an Order of Electors, one of the Cenfor s or Subcenfors appointed by them in cafe they be Electors, fjoll enter into the Tent of that Order ; and that Order fh.tll fland to his "judgment in the decifion of the Controverfy. The like fhall be don exactly by each other Order of Electors, being fent as they are drawn, each rvith another Copy of the fame Lifi, into a dijlin£i Tent, till there he re^ turned to the Lord High Sheriff four Competitors to every Magifiracy in the Lifi ; that is to jay, one Competitor elected to every Office in every one of the four Orders : which Competitors the Lord High Sheriff fball caufe to he pronounc'^d or read hy a Cryer to the Congregation; and the Congre- gation having heard the whole Lifi s repeated, the Names jhall be put by the Lord High Sheriff to the Tribe, one by one, beginning with the firfi Com- petitor in the firfi Order, thence preceding to the firfi Competitor in the fecond Order, and fo to the firfi in the third and fourth Orders. And the Suffrages being taken in boxes by boys (as has bin already fhewn) jball be poured into the Bowls fianding before the Cenfor s, whofljall be feated at each end of the Table in the Pavilion, the one numhring the Affirma- tives, and the other the Negatives ; and he, of the four Competitors to the. firfi Magiflracy, that has mofi above half the Suffrages of the Tribe in the Affirmative, is the firfi Magifirat. The like is to be don fucceffively by the reft of the Competitors in their order. But becaufe fcon after the Boxes are fent out for the firfi name, there be others fent out for the fecond, and fo for the third, 8fC. by which means divers names are fucceffively at one and the fame time in haSotting ; the Boy that carry s a Box Jhall fing or repeat continually the name of the Competitor for tvhom that Box is tarrying, with that alfo of the Magifiracy to which he is propos''d. A Magijirat of the Tribe happening to be an Elector, may jubfiitute any one of his own Order to execute his other Function. The Magifirat s of the Prime Magnitude being thua ele^ed^ jball receive tb( prefent Chargi of the Tribe. IF it be objefted againft this Order, that the Magiftrats to be elefted by it, will be Men of more inferior rank than tliofe of the Hundreds, in regard that thofe are chofen fir ft ; it may be remem- ber'd^ 96 OCEANA. ber'd, that fo were the BurgefTes in the former Government, never- thelefs the Knights of the Shire were Men of greater cjuality : And the Eleftion at the Hundred is made by a Council of Electors, of whom lefs cannot be expefted than the difcretion of naming Perfons fittefl: for thofe Capacitys, with an ey upon thefe to be elefted ac the Tribe. As for what may be objefted in point of Difficulty, it is demonftrable by the foregoing Orders, that a Man might bring ten thoufand Men (if there were occafion) witli as much eafe, and as fuddenly to perform the Ballot, as he can make five thoufand Men (drawing them out by double Files) to march a quarter of a mile. But becaufe at this Ballot, to go up and down the Field, diftributing the linen Pellets to every Man, with which he is to ballot or give .fuffrage, would lofe a great deal of time, therfore a Mans Wife, his Daughters, or others, make him his provifion of Pellets before the Ballot ; and he corns into the field with a matter of a fcore of theni in his pocket. And now I have as good as don with the fport. The next is II. Order. THE eleventh ORDER, exflammg the Dutys and Functions of th"^M"\lhats ^^^ Magiftrats contain' d, in the Lift of the Prime Magnitude : And thofe of the Prime of the Hundreds^ beginning with the Lord High Sheriffs voho^ over and Magnitude, above his more antient Offices^ and thofe added by the former Order ^ is the firfi Magiftrat of the Phy larch, or Prerogative Troof. The Lord Lieutenant, over and above hii Duty mention' d, is Commander in Chief of the Muflers of the Touth, and jecond Magijirat of the Phylarch. The Cuftos Rotulorum is to return the yearly Mafler -rolls of the Tribe^ as well that of the Touth as of the Elders, to the Rolls in Emporium, and is the third Magijirat of the Phylarch. The Cenfors by themfelves^ and their Suhcenfors, that is, the Overfeers of the Parijhes, are to fee that the refpe^five Laws of the Ballot be obferv''d in all the popular JJfem- blys of the Tribe. They have power alfo to put fuch National Mintjlers, as in Pr each ingf] all intermeddle with matters of Government ^ out of their Livings ; except the Party appeals to the Phylarch, or to the Council of Religion, where in that caje the Cenfors Jhall profecute. All and every one of thefe Magijlrats, together with the fuflices of Peace, and the "Jurymen of the Hundreds, amounting in the whole number to threefcore andjix, are the Prerogative Troop or Phylarch of the Tribe. THE Function of' the Phylarch or Prerogative Troop is fivefold. FutuTms of FIR ST, They are the Council of the Tribe, and as fuch to govern fAfPh) larch, the Muflers of the fame according to the foregoing Orders, having cogni- zance of what has pafi in the Congregation or Elections made in the Parijhes or the Hundreds, with power to punijh any undue practices, or variation from their refpeBive Rules and Orders, under an Appeal to the Par lament. A Marriage legit imatly is to be pronounc''d by the Paro- chial Congregation, the Mufler of the Hundred, or the Phylarch.- And if a Tribe have a dejire (which they are to exprefs at the Mufler by their Captains, every Troop by his own ) to petition the Par lament, the Phy- larch, as the Counfil, fjall frame the Petition in the Pavilion, and propofe It by Claufes to the Ballot of the whole Tribe ; and the Claufes that jhall be affiYm'd by the Ballot of the Tribe, and fign^d by the hands of the fix Magiflrats of the Prime Magnitude., fhall be received and efleem'd by the Par lament as the Petition of the Tribe, and no other. ^ SECOND- OCEANA. 97 SECONDLY, The Phy larch has power to cad to tl^eir affijlance what other Troops of the Tribe they p/eafe (be they Elders or Touth^ ivhofe Difci- plm will be hereafter directed,) and with thefe to receive the Judges Itinerant i» their Circuits, whom the Magiftrats of the Phylarch jball affifl upon the Bench, and the 'Jurys elfivhere m their proper ftwElions according to the more antient Laws and Cufloms of this Nation. THIRDLY, The Phylarch jhall hold the Court calPd the Quarter Seflions according to the antient Cufiom, and therin jhall alfo hear Caufes in order to the protection of Liberty of Confcience, by fuch Rules as are or Jhall hereafter be appointed by the Par lament. FOURTHLY, All Commtjfions, i^u^d into the Tribes by the Par la- ment, or by the Chancery, are to be dire^ed to the Phylarch, or fom of that Troop, and executed by the fame refpelli'vely. FIFTHLY, In the cafe of Levys of Many the Par lament (hall tax the Phylarchs, the Phylarchs pjall tax the Hundreds, the Hundreds the Parifhes, and the Parifhes jhall levy it upon themfelves. The Parifhes having levy''d the Tax Mony, accordingly Jhall return it to the Officers of the Hundreds, the Hundreds to the Phylarchs, and the Phylarchs to the Exchequer. But if a man has ten Children living, he JJjall pay no Taxes ; if he has jive living, he jhaH pay but half Taxes ; if he has bin mtrrfd three years, or be above twenty jive years of Age, and has no Child or Children lawfully begotten, he Jhall pay double Taxes. And if there happen to grow any difpute upon thefe or fuch other Orders as Jhall or may hereto be added hereafter, the Phylarchs JbaH judg the Tribes, and the Parla^ ment Jhall Judg the Phylarchs. For the refi, if any man Jhall go about to introduce the right or power of Debate into any popular Council or Congregation of this Nation, the Phylarch or any Magijlrat of the Hun- dred, or of the Tribe, jhall caufe him prefently to be fent in cufiody to the Council of War. THE part of the Order relating to the Rolls in Emporium being ofinflitufm of Angular ufe, is not unworthy to be fomwhat better open'd. In what ^*^ fl^^j'^^f manner the Lifts of the Parifhes, Hundreds, and Tribes are made, has Niius. bin fhewn in their refpeftive Orders, where after the Partys are elefted, they give an account of the whole number of the Elders or Deputys in their refpeftive Affemblys or Mufters ; the like for this part exa£tly is don by the Youth in their Difciplin (to be hereafter fhewn) wherfore the Lifts of the Pariflies, Youth and Elders, being fum'd up, give the whole number of the People able to bear Arms ; and the Lifts of the Tribes, Youth and Elders, being fum'd up, give the whole number of the People bearing Arms. This account, being annually recorded by the Mafter of the Rolls, is call'd the Pillar of Ntlus, becaufe the Peo- ple being tlie Riches of the Commonwealth, as they are found to rife or fall by the degrees of this Pillar, like that River, give an account of the public Harveft. THUS much for the Defcription of the firft days work at the Mufter, which happen'd, as ha^ bin lliewn, to be don asfoon as faid : for as in pradlice it is of fmall difficulty, fo requires it not much time, feeing the great Council oi Venice, confifting of a like number, begins at twelve of the Clock, and elefts nine Magiftrats in one Afternoon. But the Tribe being difmift for this night, repair'd to their Quarters, under the conduft of their new Magiftrats. The next morning returning in- to the field very early, the Orator proceded to O THE 98 OCEANA. 12. Order. THE twelfth ORDER, direning the Mufter of the Tribe in the IfcZiZy! fi'=^»'^ ^""y^ Election, being that of the Lift caWd the Galaxy ; in which the Cenfors jhdl prepare the Vrns according to the Directions given in the ninth Order for the fecond Ballot ; that is to faj, with ^6 Gold Balls in the middle Vrn, making four Orders, and nine Electors in every Or- der, according to the number of the Magiftrats in the Lijl of the Galaxy, which is as follows : « 2. Kni|ht}^° ^^ ^^°^^" °^^ °^ ^^^ Uovk, J. Deputy j7 4. Deputy > to be chofen out of the Horfe. 5. Deputy 3 6. Deputy J 8.* Deputy^ ^° ^^ chofen out of the Foot. 9. Deputy J THE yefl of the Ballot fhaU procede exactly according to that of the frji day. But forafmuch as the Commonwealth demands as mil the fruits of a mans body as of his mind, he that has not bin marrfd JJja/l not he capable of thefe Magifiracys till he be marrfd. If a Deputy, already chofen to be .m Officer in the Par ifh, in the Hundred, or in the Tribe, be afterwards the ■ u of the Galaxy, it fhall be lawful for him to delegat his Office tn the pa. \.l>, in the Hundred, or in the Tribe,to any one of his own Order, being not already chofen into Office. The Kjiights and Deputy s being chofen, jha/l be brought to the head of the Tribe by the Lord High Sherifwho fhdladminifter to them this Oath; Ye fhall well and truly obferve and keep the Orders and Cuftoms of this Commonwealth which the People have chofen. And. if any of them jhall refufe the Oath, he Jha/l be rejected, and that Competi- tor which had the moft voices next fhall be caWd in his place ; who if he takes the Oath jhall be entred in the Lift ; but if he alfo refufes the Oath, he who had mofl voices next fhall be caWd, and fo till the number of nine out of thofe Competitors which had moft voices be fivorn Kjiights and Depu- ty s of the Galaxy. [ This Claufe, in regard of the late Divifions, and to the end that no violence be ofFer'd to any mans Confcience, to be of force but for the firft three years only.] The Kjiights of the Galaxy being eleSled and fworn, are to repair, by the Monday next tnfuing the laft of March, to the Pantheon or Palace of fuftice, fttuated in the Metropolis of this Commonwealth (except the Parlament, by reafon of a contagious Sick- nefs, or fom other occafton, 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 Commiffion as Senators for the full term of three years next infnina the date of their Election. The Dcputys of the Galaxy are to repair ty the fame day (except as before excepted) to the Halo fituated in Empori- um, where they are to be lifted of the Prerogative Tribe, or e^ual liepre- Jentatizs of the People ; and to continue in full Power and Commiffion as toeir Deputy s for the full term of three years next infutng their EleBi- on. But forafm.uch as the term of every Magiftrac'y or Office in this Commonwealth requires an equal vacation, a Kj/ight or Deputy of the -i" Galaxy, OCEANA. Galaxy, having fulfiPd his term of three yettrs, Jhall not be reele^ei into the fame Galaxy, or any other, till he has alfo fulfil d his three years 'vacation. WHOEVER fhall rightly confider the foregoing Orders, will be as little able to find how it is poflible, that a worfhipful Knight fhould declare himfelf in Ale and Beef worthy to ferve his Country,' as how my Lord High Sherifs Honor, in cafe he were protefted from the Law, could play the knave. But tho the foregoing Orders, fo far as they re- gard the Conftitution of the Senat and the PeoplCj requiring no more as to an ordinary Eleftion than is therin explain'd, that is but one thirds part of their Knights and Deputys, are perfedl: ; yet rnuft we in this place, and as to the Inftitution, of neceffity erefl: a Scaffold. For the Commonwealth to the firft creation of her Councils in full number, required thrice as many as are eligible by the foregoing Orders. Wher- fore the Orator, whofe aid in this place was moft neceflary, rightly in- forming the People of the reafon, fl:aid them two days longer at the Mufter, and took this courfe. One Liit containing two Knights and feven Deputys, he caus'd tS be chofen upon the lecond day ; which Lift being calFd the frfl Galaxy, qualify'd the Partys eleSed of it with power for the term of one year and no longer : another Lift con- taining two Knights and feven Deputys more, he caus'd to be chofen the third day, which Lift being call'd the fecond Galaxy, qualify'd the Partys elefted of it with Power for the term of two years and no longer. And upon the fourth day he chofe the third Galaxy, accord- ing as it is direfted by the Order, impower'd for three years ; which Lifts fucceflively falling (like the Signs or Conftellations of one Hemi- fphere, which fetting, caufe thofe of the other to rife) caft the great Orbs of this Commonwealth into an annual, triennial, and perpetual Revolution. THE bufinefs of the Mufter being thus happily finifh'd, Hermes DE Caduceo, Lord Orator of the Tribe or iV«^//«, being now put into her firft Rapture, caus'd one of the Cenfors Pulpits to be planted in front of the Squadron, and afcending into the fame, fpake after this manner. My Lords, the Magijtrats and the 'People of the Tribe of Nubia. « T XT E have this day folemniz'd the happy Nuptials' of the two " VV greatcft Princes that are upon the Earth or in Nature, Arms " and Councils: in the mutual Embraces wherof confifts your " whole Commonwealth; whofe Councils upon their perpe- *' tual Wheelings, Marches, and Countermarches, create her Armys; " and whofe Armys with the golden Vollys of the B a l l o t at once " create and falute her Councils. There be thofe (fuch is the World *' at prefent) that think it ridiculous to fee a Nation exercifing its Ci- '' vil Funftions in Military Difciplin ; while they, committing their *' Buff to their Servants, com themfelves to hold Trenchards. For " what avails it fuch as are unarm'd, or (which is all one) whofe " Education acquaints them not with the proper ufe of their Swords, '' to be call'd Citizens ? What were two or three thoufand of you, tho " never fo well aftefted to your Country, but naked, to one Troop of O 2 " Merce- 99 loo OCEANA *' Mercenary Soldiers? If they fliould com upon the Field nnd fay, <' Gentlemen, It is thought fit that fuch and fuch Men fliou'id be chofcn <' by you ; where were your Liberty ? Or, Gentlemen, rarlaments " are exceding good, but you are to have a little patience, thefe times ♦' are not fo fit for them ; where were your Commonwealth ? WJiat <« caufes the Monarchy of the Turcs but Servants in Arms ? What was *' it that begot the glorious Commonwealth of Ro??iey but tlie Sword *' in the hands of her Citizens ? Wherfore my glad eys falute the Se- " renity and Brightnefs of this day with a fhowr that fhall not cloud " it. Behold the Army of Ifrael becom a Commonwealth, and the « Commonwealthof^W remaining an Army, with her Rulers of Tens « and otFiftys,her Rulers ofHundredsand Thoufands,drawing near (as *' this day throout our happy Fields) to the Lot by her Tribes, increased " above threefold, and led up by her F^y-^rfZ/j or Princes, to fit upon *' * fifty Thrones, judging the fifty Tribes of Oceam ! Or, Is it A- " thens, breaking from her Iron Sepulcher, where fhe has bin fo long *' trampled by Hofl:s of Jamzarys ? For certainly that is the voice of " Theseus, having gather-'d his fcatter'd Athenians into one City. " i" This freeborn Nation lives not upon the Dole or Bounty of one " man, but diftributing her annual Magiftracys and Honors with her " own hand, is her felf King P E O P L E- — (at which the Orator was a *' while interrupted, with Jhouts, but at length procededj Is it grave « Lacedemon in her arm'd Tribe divided by her Oha ?Lnd her Mora, ** which appears to chide me that I teach the People to talk, or conceive *' fuch Language as is d reft like a Woman, to be a fit Uflier of the *' Joys of Liberty into the hearts of men ? Is it Rome in her vidorious *' Arms (for fo fhe held her Concio or Congregation) that congratu- ** lats with us, for finding out that which flie could not hit on, and *' binding up her Comitia Curiata, Centuriata, and Trihata, in one in- " violable League of Union ? Or is it the Great Council of incompa- " vdAAt Venice, bowling forth by the felf fame Ballot her immortal *' Commonwealth ? For, neither by Reafon nor by Experience is it " impoflible that a Commonwealth fhould be immortal ; feeing the " People being the Materials, never dy ; and the Form, which is " Motion, muft, without oppofition, be endlefs. The Bowl which ^ is thrown from your hand, if there be no rub, no impediment, fliall *' never ceafe : for which caufe the glorious Luminarys that are the *' Bowls of God, were once thrown for ever ; and next thefe, thofe « of Venice. But certainly, my Lords, whatever thefe great Ex- " amples may have fhewn us, we are the firfl that have fhewn to the " World a Commonwealth eftablifli'd in her rife upon fifty fuch •' Towers, and fo garnizon'd as are the Tribes of Oceana, containing *' a hundred thoufand Elders upon the annual Lifl:, and yet but an Out- *' guard ; befides her marching Armys to be equal in the Difciplin, and *' in the number of her Youth. "AND forafmuch as Soverain Power is a necefTary but a for- *' midable Creature, not unhke the Pouder which (as you are Soldiers) *' is at once your Safety and your Danger, being fubject to take fire * Sellis Curulibus. t . H2CC juris fui -- Parere Domino Givitas uni negat : Rex ipfe f'opulus annuas mandat vices Honoris huic iliivc . 4. ** againfi OCEANA loi « aeainft you as well as for yoU ; how well and fecurely is fhe by your « Galaxys fo colleaed as to be in full force and vigor, and yet fo diftri- " buted that it is impoffible you fliould be blown up by your own iMa- " sazine ? Let them who will have it, that Power if it be confin'd " cannot be Soverain, tell us, whether our Rivers do not enjoy a more " fecureand fruitfulReign within their proper banks, than if it were « lawful for them, in ravaging our Harvefts, to fpiU themfelves ? " Whether Souls, not confin'd to their peculiar Bodys, do govern them " any more than thofe of Witches in their Trances ? Whether Power, "not confin'd to the bounds of Reafon and Virtue, has any other " bounds than thofe of Vice and Paflion ? Or if Vice and PalTion be « boundlefs, and Reafon and Virtue have certain Limits, on which of '« thefe Thrones holy men fiiould anoint their Soverain ? But to blow « away this duft, The Soverain Power of a Commonwealth is no more « bounded, that is to fay ftraitned, than that of a Monarch ; but is *' balanc'd. The Eagle mounts not to her proper pitch, if fhe be " bounded ; nor is free, if (he be not balanc'd. And left a Monarch " fhould think he can reach further with his Scepter, the Roman Eagle " upon fuch a Balance fpread her Wings from the Ocean to Euphrates. " Receive the Soverain Power ; you have receiv'd it, hold it rait, im- " brace it for ever in your flVining Arms. The virtue of the Loadftone " is not impair'd or limited, but receives flrength and nourifhment by • '' being bound in Iron. And fo giving your Lordflups much Joy, 1 " take my leave of this Tribe. THE Orator defcending, had the period of his Speech made with a vaft applaufe and exultation of the whole Tribe, attending him for thaf night to his quarter, as the Phj/arch with fom commanded Troops did the next day to the Frontiers of the Tribe, where leave was taken on both fides with more Tears than Grief. ^ , , . , i • 4 n ^ v . r SO, a Tribe is the third Divifion of Land occafion'd by the third Vcfi^tm cf Colleftion of the People, whofe Funftions proper to that place are contain'd in the five foregoing Orders. j j u r T HE InRitution of the Commonwealth was fuch as needed thole ■ Props and Scafelds which may have troubled the Reader ; but I lliall , here take them away, and com to the Conftitution which Itands bj^ it felf, and yields a clearer profpea. c u • 1 Ara-,.-^ THE motions, by what has bin already ftewn, are Spherical; and^^f^f^-/ Spherical Motions have their proper Center : for winch cauie (^e re i i^/,^ - procede further) it will be necefTary, for the better underftanding of the whole, that I difcover the Center wherupon the Motions ot this Commonwealth are for m'd. . , , THE Center, or Bafis of every Government, is no other than the Fundamental Laws of the fame. , . w ^Uni- o FUNDAMENTAL Laws are fuch as ftate what it is that a Man may call his own, that is to fay. Property ; and what the xMeans be wherby a Man may enjoy his own, that is to fay, Protettion. 1 ne firft is alfo call'd Dominion, and the fecond Empire or Soverain Power, wherof this Cashasbinfl:ewn) is the natural produa of the tormer , for fuch as is the Balance of Dominion in a Nation, fuch is the nature of its Empire. , . ., , ^ „^-„ WHERFORE the Fundamental Laws of Oceana, or the center of this Commonwealth, are the Agrarian and the Ballot : The Agra- I02 OCEANA. rian by the Balance of Dominion preferving Equality in the Root ; and the Ballot by an equal Rotation conveying it into the Branch, or Exercife of Soverain Power : As, to begin with the former, ap- pears by 13. Order. THE thirteenth ORDER, co»(iituting the Agrarian Laws of Oceana, Marpefia and Panopea, wherbj it is ordained, Firft, for allfuch Lands tts are lying and being within the proper Territorys of Oceana, that every Man who is at prefent foffefi^ or (hall hereafter be pojjfe/t of an E- fiate in Land exceding the Revenue of two thou fan d Pounds a year^ and having more than one Son, fliall leave his Lands either equally divided a- mongthem, in cafe the Lands amount to above 2000 I. a year to each ', or fo near eq^ually in cafe they com under, that the greater part or portion of the fame remaining to the eldefl, excede not the value of two thoufand Pounds Revenue. And no man, not in prefent poffejjion of Lands above the value of two thoufand Pounds by the year, /ball receive, enjoy (except by lawful Inheritance) acciuire, or purchafe to himfelf Lands within the faid Territorys, amounting, with thoje already in his pojfeffion, above the J aid Revenue. And if a man has a Daughter, or Daughters, except jhe be an Heirefs, or they be Heirsffes, he jhall not leave or give to any one of them in Marriage or otherwife, for her Portion, above the value of one thoufand five hundred Pounds in Lands, Goods, and Monys. Nor jhall any Friend, Kjnfman, or Kjnfvoman, add to her or their Portion or Por- tions that are fo provided for, to make any one of them greater. Nor jhall any man demand, or have more in marriage with any Woman. Never- thelefs an Heirefs jhall enjoy her lawful Inheritance, and a Widow, what- foever the Bounty or AffeBion of her Husband jhall bequeath to her, to be divided in the frjl Generation, wherin it is divifible according as has bin jhewn. SECONDLY, For Lands lying and being within the Territorys of Marpefia, the Agrarian jfjall hold in all parts as it is ejlablijh^d in Ocea- na, except only in the Standard or Proportion of Eltates in Land, which jhall be let for Marpefia at fve hundred Pounds. And, THIRDLY, For Panopea, the Agrarian jhall hold in all parts, as in Oceana. And whofoever poffejjing above the proportion allow' d by thefe Laws, jhall be lawfully convi^ed of the fame, jhall forfeit the Overplm to ^he ufe of the State. AGRARIAN La ws of ail others have ever bin the greateft Bug- bears, and fo in the Inftitution were thefe, at which time it was ridi- culous to fee how ftrange a fear appear'd in every body of that which, being good for all, could hurt no body. But inftead of the proof of this Order, I fliall out of thole many Debates that happen'd e're it could be paft, infert two Speeches that were made at the Council of Legiflators, the firft by the Right Honorable Philautus de Gar BO, a young Man, being Heir apparent to a very Noble Fami- ly, and one of the Counfillors, who expreft himfelf as follows. May OCEANA iQ9 May Itpleafe your H'lghnefsj my Lord Ar c h o n of Oceana, " 'V'F I did not, to my capacity, know from how profound a " X CounfiUor I diffent, it would certainly be no hard task to make '' it as light as the day : Firft, That an Agrarian is altogether un- " neceffary. Secondly, That it is dangerous to a Commonwealth. " Thirdly, That it is infufficient to keep out Monarchy. Fourthly, " That it ruins Familys. Fifthly, That it deftroys rnduftry. And " laft of all, that tho it were indeed of any good ufe, it will be a *' matter of fuch difficulty to introduce in this Nation, and fo to fettle *' that it may be lafting, as is altogether invincible. " FIRST, That an Agrarian is unneceflary to a Commonwealth, '* what clearer Teflimony can there be, than that the Commonwealths " which are our Cotemporarys (^Venice, to which your Highnefs *' gives the upper hand of all Antiquity, being one) have no fuch " thing ? And there can be no reafon why they have it not, feeing it " is in the Soverain Power at any time to eflablifh fuch an Order, but " that they need it not ; wherfore no wonder if Aristotle, who '' pretends to be a good Commonwealthfman, has longfince deiided " P H A L E A s, to whom it was attributed by the Qreecs, for his in- *' vention. " SECONDLY, That an Agrarian is dangerous to a Common- *' wealth is affirm'd upon no flight Authority, feeing Macchiavel " is pofitive, that it was the Dilfenficn which happen'd about the Agra- *' rian tliat caus'd the Deftruftion of Rome ; nor do I think that it *' did much better mLacedemon, as I fhall fliew anon. " THIRDLY, That it is infufficient to keep out Monarchy can- " not without impiety be deny'd, the holy Scriptures bearing w-itnefs, " that the Commonwealth of Ifrael^ notwithlfanding her Agrarian, " fubmitted her neck to the arbitrary Yoke of her Princes. " FOURTHLY, Therforeto com to my next AlTertion, That " it is deftruftive to Familys ; this alfo is fo apparent, that it needs " pity rather than proof Why, alas, do you bind a Nobility ( which <' no Generation fhall deny to have bin the firft that freely facrific'd ,. *' their Blood to the antient Libertys of this People) on an unholy " Altar P Why are the People taught. That their Liberty, which, " except our noble Anceftors had bin born, muH: have long iince bin " bury'd, cannot now be born except we be bury'd ? A Common- " wealth fliould have the innocence of the Dove. Let us leave this " purchafe of her Birth to the Serpent, which eats it felf out of the " womb of its Mother. " FIFTHLY, But it may be faid, perhaps, that we are fallen " from our firfi: 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 fuch alTaults and fallysupon Mens Eftates, " as may flacken the Nerve of Labor, and give others alfo reafon to " believe that their Sweat is vain; or elfe, whatfoever be pretended, " your Agrarian (which is m.y Fifth Allertion) mufl indeed deftroy " Indufh-y. For, that fo it did in Lacede^non is moft apparent, as alfo, " that It could do no othcrwife, where every Man having his 40 *' Quarters of Barly, with Wine proportioflable, fupply'd him out of " his ,o4 OCEANA. " his own Lot by his Laborer or Helot ; and being confin'd in that *' to the fcantling above which he might not live, there was not any *' fuch thing as a Trade, or other Art, except that of War, in ex- " ercife. Whevfore a Spartm, if he were not in Arms,' mufifitand " play with his fingers, whence infu'd perpetual War, and, the Eftate " of the City being as little capable of increafe as that of the Citizens, '' her inevitable Ruin. Now what better ends you can propofe to " your felves in the like ways, I do not fo well fee as I perceive that " there may be worfe : For Lacedemon yet was free from Civil War : " But if you imploy your Citizens no better than fhe did, I cannot " promife you that you fhall fare fo well, becaufe they are ftill defi- " rous of War that hope it may be profitable to them ; and the ftrong- " eft Security you can give of Peace, is to make it gainful. Otherwife " Men will rather chufe that wherby they may break your Laws, " than that wherby your Laws may break them. Which I fpeak not " fo much in relation to tlie Nobility or fuch as would be holding, as " to the People or them that would be getting ; the paffion in thefe *' being fo much the ftronger, as a Man's I'elicity is weaker in the *^ fruition of things, than in their profecution and increafe. "TRULY, my Lords, it is my fear, that by taking of more " hands, and the beft from Induftry, you will further indamage it, " than can be repair'd by laying on a few, and the worft ; while the *' Nobility muft be forc'd to fend their Sons to the Plow, and, as if " this were not enough, to marry their Daughters alfo to Farmers. " SIXTHLY, But I do not fee (to com to thelaft point) how it " is poffible that this thing fhould be brought about, to your good I " mean, tho it may to the deftruftion of many. For that the Agra- " rian of Ifrael^ or that of Lacedemon might ftand, is no fuch mi- " racle ; the Lands, without any confideration of the former Pro- " prietor, being furvey'd and caft into equal Lots, which could nei- " ther be bought, nor fold, nor multiply'd : fo that they knew wher- *' about to have a Man. But in this Nation no fuch Divifion can be " introduc'd, the Lands being already in the hands of Proprietors, " and fuch whofe Eftates ly very rarely together, but mix'd one with " another ; being alfo of Tenures in nature fo different, that as there .^ " is no experience that an Agrarian was ever introduc'd in fuch a cafe, *' fo there is no appearance how, or reafon why it fliould: but that " which is againft Reafon and Experience is impoflible. THE cafe of my Lord Philautus was the moft concern'd in the whole Nation ; for he had four younger Brothers, his Father being yet living to whom he was Heir of ten thoufand Pounds a . year. Wherfore being a Man both of good Parts and Efteem, his Words wrought both upon Mens Reafon and PafTions, and had born a ftroke at the head of the bufinefs, if my Lord A rc h o n had not interpos'd the Buckler in this Oration. My Lords, the Leoijlators of Oceana. " "\ /TY Lord Philautus has made a thing which is eafy to " IVl feem hard ; if the Thanks were due to his Eloquence, it '^ would be worthy of lefs praife, than that he ows it to his Merit, * " and OCEANA, 105 *' and the Love he has rnofl: defervedly purchas'd of all Men : nor is *' it rationally to be fear'd, that he who is fo much beforehand in his *' privat, fhould be in arrear in his public Capacity. Wherfore my *' Lord's tendernefs throout his Speech arifing from no other Prin- " ciple than his Solicitude left the Agrarian fhould be hurtful to his *' Country ; it is no lefs than my duty to give the beft fatisfaftion I am *' able to fo good a Patriot, taking every one of his Doubts in the Or- " derpropos'd. And, " FIRST, Wheras my Lord, upon cbfervation of the modern *' Commonwealths, is of opinion, that an Agrarian is not neceffary : *' It muft be confeft, that at the firft fight of them there is fom *' appearance favoring his Affertion, but upon Accidents of no prece- *' dent to us. For the Commonwealths of Sveitzerland, and Holland^ I *' mean of thofe Leagues, being fituated in Countrys not alluring theln- " habitants to Wantonnefs, but obliging them to univerfal Induftry, *' have an implicit Agrarian in the nature of them ; and being not ob- *' noxious to a growing Nobility (which, as long as their former *' Monarchyshad fpread the wing over them, could eithernot at all ** be hatch'd, or was foon broken) are of no example to us, whofe ** Experience in this point has bin to the contrary. But what if even *' in thefe Governments there be indeed an explicit Agrarian ? For *' when the Law commands an equal or near equal diflribution of a <* Man's Eftate in Land among his Children, as it is don in thofe <* Countrys, a Nobility cannot grow ; and fo there needs no Agra- ** rian, or rather there is one. And for the growth of the Nobility ** in Feaice ( if fo it be, for M a q c h i a v e l obferves in that Re- *' public, as a caufe of it, a great mediocrity of Eftates ) it is not a *' point that fhe is to fear, but might fludy, feeing fhe confifts of no- « thing elfe but Nobility ; by which, whatever their Eftates fuck from ** the People, efpecially if it coms equally, is digefted into the better ♦' Blood of that Commonwealth, which is all, or the greateft benefit <* they can have by accumulation. For how inequal foever you will " have them to be in their Incoms, they have Officers of the Pomp, <' to bring them equal in expences, or at leaft in the oftentation or fhew «* of them. And fo unlefs the advantage of an Eftate confifts more « in the meafure than in the ufe of it, the Authority of Venice dos '' but inforce our Agrarian ; nor fhall a Man evade or elude the Pru- « dence of it, by the Authority of any other Commonwealth. For *' if a Commonwealth has bin introduc'd at once, as thofe of Ifrael " and Lacedemofi, you are certain to find her underlaid with this as the « main Foundation ; nor, if fhe is oblig'd more to Fortune than Pru- *' dence, has Ilie rais'd her head without mufing upon this matter, as <* appears by that of Athens, which thro her defeft in this point, fays ** Aristotle, introduc'd her OJiracifm, as moft of the Demo-Polici.s.c?, " eracys of Grece. But, not to reftrain a Fundamental of fuch la- " titude to any one kind of Government, do we not yet fee, that if *' there be a fole Landlord of a vaft Territory, he is the Turc ? That ** if a few Landlords overbalance a populous Country, they have ftore *' of Servants ? That if a People be in an equal balance, they can have " no Lords? That no Government can otherwife be ereded, than " upon fom one of thefe Foundations ? That no one of thefe Foun- *' dations (each being elfe apt to change into fom other) can give ^' any fecurity to the Government, unlels it be fix'd ? That thro the .). P *' want. io6 OCEANA, " want of this fixation, potent Monarchys and Commonwealths have " fain upon the heads of the People, and accompany'd their own fad *' Ruins with vaft efFufions of innocent Blood ? Let the Fame, as was *' the merit of the antient Nobility of this Nation, be equal to, or " above what has bin already faid, or can be fpoken ; yet have we " feen not only their Glory, but that of a Throne, the moft indulgent " to, and leaft invafive for fo many Ages upon the Liberty of a People " that the World has knou^n, thro the mere want of fixing her foot " by a proportionable Agrarian upon her proper Foundation, to have " fain with fuch horror, as has bin a Spectacle of Aftonifliment to the " whole Earth. And were it well argu'd from one Calamity, that " we ought not to prevent another ? Nor is Aristotle fo good " a Common wealthfman for deriding the invention of P h a l e a s, as Poiit. 1.5.0.3." in recollefting himfelf, where he fays, That Democracys, when a " lefs part of their Citizens overtop the reft in Wealth, degenerat " into Oligarchys and Principalitys : and, which coms nearer to the *' prefent purpofe, that the greater part of the Nobility of Tarantum " coming accidentally to be ruin'd, the Government of the Few came *' by confequence to be chang'd into that of the Many, *' THESE things confider'd, I cannot fee how an Agrarian, as *' to the fixation or fecurity of a Government, can be lefs than necefla- " ry. And if a Cure be neceffary, it excufes not the Patient, his *' Difeafe being otherwife defperat, that it is dangerous ; which was " the cafe of Rome, not fo ftated by M a c c h i a v e l, where he *^ fays, That thejlrife about the Agmrim caus'd the Defiru^ion of that *' Commonwealth. As if when a Senator was not rich (as Crass us *' held) except he could pay an Army, that Commonwealth could *' expeft nothing but Ruin, whether in ftrife about the Agrarian, or *' without it. * Of late, fays L i v v. Riches have introduc'd Ava- " rice ; and volupuom Pleafures abounding^ have thro Lujl and Luxury " begot a defire of hlajling and defiroying all good Orders. If the greateft " Security of a Commonwealth confifts in being provided with the " proper Antidote againft this Poifon, her greateft danger muft be " from the abfence of an Agrarian, which is the whole truth of the " Roman example. For the Laconic, I fhall referve the farther expli- " cation of it, as my Lord alfo did, to another place: andfirftfee " whether an Agrarian proportioned to a popular Government be *■' fufficient to keep out Monarchy. My Lord is for the Negative, " and fortify'd by the People of Ifrael elefting a King. To which I " fay, That the Adion of the People therin expreft is a full Anfwer to " the Objeftion of that Example : For the Monarchy neither grew " upon them, nor could, by reafon of the Agrarian, pofTibly have " invaded them, if they had not puH'd it upon themfelves by the *' election of a King. Which being an Accident, the like wherof is *' not to be found in any other People fo planted, nor in this, till, as it " ismanifeft, they were given up by God to infatuation (for fays he " to Samuel, They have not rejected thee, but they have rejected Me^ " that I Jhould not reign over them) has fomthing in it which is appa- " rent, by what went before, to have bin befides the courfe of Na- *' ture, and by what followed. For the King having no other Foun- * Nuper divitisE avariciara, & abundantes voluptates defiderium, per luxiim atqiie libidinem^ pereundi perdendique omnia invexere. Llv. in Prmf. * ** dation OCEANA. io7 " dation than the Calamitys of the People, fo often beaten by their E- •' nemys, that defpauing of themfelves, they were contented with a- " ny change ; if he had Peace as in the days of Solomon, left but " a (lippery Throne to his SuccefTor, as appeared byREHOBOAM, " And the Agrarian, notwithftanding the Monarchy thus introduc'd, '* fo faithfully preferv'd the Root of tiiat Commonwealth, that it " fhot forth oftner, and by intervals continu'd longer than any other " Government, as may be computed from the Inftitution of the fame , " by Joshua, 1465 years before Christ, to the total diffolution *' of it, which happen'd in the Reign of the Emperor Adrian, "1^5 years after the Incarnation. A People planted upon an equal " Agrarian, and holding to it, if tliey part with their Liberty, muffc " do it upon good will, and make but a bad title of their Bounty. As *' toinftance yet further in that which is propos'd by the prefentOr- *' der to this Nation, the Standard wherof is at 2000 /. a year : The " whole Territory of Oceana being divided by this proportion, a- " mounts to 5000 Lots. So the Lands of Oceam being thus diflribut- " ed, and bound to this Diftribution, can never fall to fewer than five " thoufand Proprietors. But five thoufand Proprietors fo feiz'd will " not agree to break the Agrarian, for that were to agree to rob one " another ; nor to bring in a King, becaufe they muft maintain him, -" and can have no benefit by him ; nor to exclude the People, becaufe " they can have as Httle by that, and muft fpoil their Militia. So the " Commonwealth continuing upon the balance propos'd, tho it fhould " com into five thoufand hands, can never alter ; and that it fliould *' ever com into five thoufand hands, is as improbable as any thing in " the World that is not altogether impoffible. "MY Lords, other Confiderations are moreprivat: As that this " Order deftroys Familys ; which is as if one fhould lay the ruins of " fom antient Caftle to the Herbs which ufually grow out of them ; " the defl:ru£lion of thofe Familys being that indeed which naturally " produc'd this Order. For we do not now argue for that which '' we would have, but for that which we are already polTelt of; " as would appear, if a note were but taken of all fuch as have at " this day above two thoufand Pounds a year in Oceana. If my Lord '' fhould grant (and I will put it with the moft) that they who are " Proprietors in Land, exceding this proportion, excede not three *■ hundred ; with what brow can the Intereft of fo few be balanc'd *' with that of the whole Nation ? or rather, what Intereft have " they to put in fuch a Balance ? They would live as they have bin ac- " cuftom'd to do ; Who hinders them ? They would enjoy their E- " Itates ; who touches them ? They wou^d difpofe of what they have " according to the Intereft of their Familys : It is that which we de- " fire. A Man has one Son ; let him be call'd : Would he enjoy his " Father's Eftate ? It is his, his Son's, and his Son's Son's after him. " A Man has five Sons ; let them be call'd : Would they enjoy their *' Father's Eftate ? It is divided among them : for we have four Votes " for one in the fame Family, and therfore this muft be the Intereft of *' the Family, or the Family knows not its own Intereft. If a Man *' fhalldifputeotherwife, he muft draw his Arguments from Cuftom, " and from Greatnefs, which was the Intereft of the Monarchy, not " of the Family : and we are now a Commonwealth. If the Mo- " narchy could not bear with fuch Divifions becaufe they tended to a P 2 " Com- lO 8 OCEANA. " Commonwealth ; neither can a Commonwealth connive at fuch Ac- « cumulations, becaufe they tend to a Monarchy. If the Monarchy »' might make bold with fo many for the good of one, we may make " bold with one for the good of fo many ; nay, for the good of all. " My Lords, it coms into my mind, that which upon occafion of the " variety of Partys enumerated in our late Civil Wars, was faid by a *' Friend of mine coming home from his Travels, about the latter " end of thefe Troubles ; That he admirM how it came to pafs, that " younger Brothers, efpecially being fo many more in number than *' their Elder, did not unite as one man againft a Tyranny, the like " wherof has not bin exercis'd in any other Nation. And truly, " when I confider that our Countrymen are none of the worfb natur'd, *' I mufl: confefs I marvel much how it coms to pafs, that we fliould " ufe our Children as we do our Puppys ; take one, lay it in the lap, " feed it with every good bit, and drown five : nay yet worfe ; " forafmuch as the Puppys are once drown'd, wheras the Children are <' left perpetually drowning. Really, my Lords, it is a flinty Cu- '' ftom ! And all this for his cruel Ambition, that would raife himfelf a " Pillar, a golden Pillar for his Monument, tho he has Children, his '' own reviving Flefh, and a kind of Immortality. And this is that *' Intereft of a Family, for which we are to think ill of a Govern- " ment that will not indure it. But quiet your felves : The Land thro *' which the River A^//«j wanders in one flream, is barren; but where *' it parts into feven, it multiplys its fertilfhoresbydiiiributing, yet ** keeping and improving fuch a Propriety and Nutrition, as is a pru- *' dent Agrarian to a wellorder'd Commonwealth. "NOR (to com to the filth Aflertion) is a political Body render'd *^ any fitter for Induftry, by having one gouty and another wither'd " Leg, than a natural. It tends not to the improvement of Mer- " chandize that there be fom who have no need of their Trading, and " others that are not able to follow it. If Confinement difcourages " Induftry, an Eftate in Mony is not confined ; and left Induftry " fhould want wherupon to work. Land is not ingroft or intaiPd " upon any man, but remains at its devotion. I wonder whence the " computation can arife, that this fhould difcourage Induftry. Two " thoufand Pounds a year a man may enjoy in Oceana,^ as ifluch in " Pampea, five hundred iniW^r/'f/?^ ; There be other Plantations, and " the Commonwealth will have more. Who knows how far the " Arms cf our Agrarian may extend themfelves ? and wiiether he " that might have left a Pillar, may not leave a Temple of many " Pillars to his more pious Memory ? Where there is fom meafure in *' Riches, a man may be,rich ; but if you will have them to be in- *' finit, there will be no end of ftarving himfelf, and wanting what he *' has ; and what pains dos fuch a one take to be poor ! Furthermore, " if a man fhall think that there may be an Induftry lefsgreafy, or " more noble, and fo caft his thoughts upon the Commonwealth, " he will have leifure for her, and Ihe Riches and Honors for him ; " his Sweat fhall fmell like Alexander's. My Lord Phi- " L A u T u s is a young Man, who enjoying his ten thoufand Pounds ** a year, may keep a noble Houfe in the old way, and have homely " Guefts ; and having but two, by the means proposed, may take the '' upper hand of his great Anceftors ; with reverence to whom, I " may fay, there has not bin one of tliem would have difputed his t " place OCEANA, '^ place with z. Roman Consul. My Lord, do notbieat my heart j ' the Nobility fliall go to no other Plows than thofe from which we ' call our Confuls. But, fays he, it having bin fo with Lacedemon, ' that neither the City nor the Citizens were capable of increafe, a ' blow was given by that Agrarian, which ruin'd both. And what *' are we concern'd with that Agrarian, or that blow, while our Citi- *' zens and our City (and that by our Agrarian) are both capable of " increafe? The Sparf an, if he made a Conqueft, had not Citizens to " hold it ; the Oceaner will have enow : the Spartan could have no " Trade, the Oceafierm^y have all. The Agrarian in Laconia, that *' it might bind on Knapfacs, forbidding all other Arts but that of *' War, could not make an Army of above 30000 Citizens. The Agra- *' rian in Oceana witliout interruption of I'raffic, provides us in the " fifth part of the Youth an annual fource or frefh fpring of loocoo, " befides our Provincial Auxiliarys, out of which to draw marching " Armys ; and as many Elders, not feeble, but men mofl of them in *' the flower of their Age, and in Arms for the defence of our Ter- *' ritorys. The Agrarian in Lacoma banifh'd Mony, this multiplys it : *' That allow'd a matter of twenty or thirty Acres to a man ; this *' two or three thoufand: There is no comparifon between them. *' And yet I differ fo much from my Lord, or his Opinion that the " Agrarian was the ruin o{ Lacedemon, that I hold it no lefs than de- *' monftrable to have bin her main fupport. For if, banifliing all other *' diverfions, it could not make an Army of above 30000; then " letting in all other diverfions, it muft have broken that Army. " Wherfore Lys A N DER bringing in the golden fpoijsof Athens^ " irrecoverably ruin'd that Commonwealth ; and is a warning to us, " that in giving incouragemicnt to Induflry, we alfo remember, that " Covetoufuefs is the root of all Evil. And our Agrarian can never be " the caufe of thofe Seditions threaten'd by my Lord, but is the pro- " per cure of them, as *Lu c a n notes well in the State of Rome be- " fore the Civil Wars, which happened thro the want of fuch an An- *' tidote " Why then are we miftaken, as if we intended not equal ad vaa- " tages in our Commonwealth to either Sex, becaufe we would not *' have Womens Fortunes confift in that metal, which expofes them " to Cutpurfes ? If a man cuts my Purfe, I may have him by the heels, " or by the neck for it ; wheras a man may cut a woman's purfe, *' and have her for his pains in fetters. How brutifb, and much more " than brutifh, is that Commonwealth, ;^hich prefers the Earth be- " fore the Fruits of her Womb ? If the People be her Treafure, the " ffaff by which fhe is fuftain'd and comforted, with what Juftice can " file fulfer them, by whom (lie is moft inrich'd, to be for that caufe " the moft impoverifh'd ? And yet we fee the Gifts of God, and the " Bountys of Heaven in fruitful Familys, thro this wretched cuftom " of marrying for Mony, becom their infupportable grief and pover- " ty. Nor falls this fo heavy upon the lower fort, being better able " to fhiftforthemfelves, as upon the Nobility or Gentry, For what *' avails it in this cafe, from whence their Veins have deriv'd their 10^ ^ Hinc ufura voriy, rapidumque in tempore Foenus 5 Hinc concufla fides, & mulcis utile bellumt « Blood J no OCEANA, " Blood ; while they fhall fee the Tallow of a Chandler fooner convert- " ed into that Beauty which is required in a Bride ? I appeal, whether *' my Lord P h i l a u t u s or my felf be the Advocat of Nobility j «' againft which in the cafe proposM by me, there would be nothing " to hold the balance. And why is a Woman, if flie may have but *' fifteen hundred pounds, undon? If flie be unmarry'd, whatNoble- ^' man allows his Daughter in that cafe a greater Revenu, than fo *' much Mony may command ? And if flie marry, no Nobleman can ^' give his Daughter a greater portion than file has. Who is hurt in *' this cafe ? nay, who is not benefited ? If the Agrarian gives us the *' fweat of our brows without diminution -, if it prepares our Ta- ^' ble, if it makes our Cup to overflow ; and above all this, in pro- '' viding for our Children, anoints our Heads with that Oil which *' takesaway the greateft of worldly cares ; what man, that is not be- *' fotted with a Covetoufnefs as vain as endlefs, can imagin fuch a *' Conftitution to be his Poverty ? feeing where no woman can be con- '' fiderable for her portion, no portion will be confiderable with a wo- *' man ; and fo his Children will not only find better preferments with- ^' out his Brocage, but more freedom of their own AfFeQions, We *' are wonderful fevere in Laws, that they fliall not marry without our " confent ; as if it were care and tendernefs over them : But is it not, *' kfl we fliould not have the other thoufand Pounds with this Son, or ** the other hundred Pounds a year more in Jointure for that Daugh- *' ter ? Thefe, when we are crofl: in them, are the Sins for which we *' water our couch with tears, but not of Penitence ; feeing wheras id *' is a mifchief beyond any that we can do to our Enemys, we perfifl *' to make nothing of breaking the affedion of our Children. But , " there is in this Agrarian a Homage to pure and fpotlefs Love,the con- " fequence wherof I will not give for all your Romances. An Alder- " man makes not his Daughter a Countefs till he has given her 20000 /. " nor a Romance a confiderable Miftrifs till ihe be a Princefs ; thefe are " Characters of baftard Love. But if our Agrarian excludes Ambi- *' tion and Covetoufnefs, we fhall at length have the care of our own " breed, in which we have bin curious as to our Dogs and Hor- " ks. The Marriage-Bed will be truly legitimat, and the Race of " the Commonwealth not fpurious. "BUT (i?Kpar magnmimis aufis,mfarque dolor i) I am hurl'd from all " my hopes by my Lords laft alTertion of Impolfibility, that the Root " from \vhence we imagin thefe Fruits, fhould be planted or thrive iti " this Soil. And why ? fjgcaufe of the mixture of Eftates, and vari- *' ety of Tenures. Neverthelefs, there is yet extant in the Exchequer *' an old Survey of the whole Nation ; wherfore fuch a thing is not " impoffible. Now if a new Survey were taken at the prefent rates, " and the Law made, that no man fhould hold hereafter above fo much " Land as is valu'd therin at 2000 /. a year, it would amount to a good *' and fufficient Agrarian. It is true, that there would remain foni *' difficulty in the different kind of Rents, and that it is a matter re- " quiring not only more leifure than we have, but an Authority which *' may be better able to bow men to a more general Confent, than is *' to be wrought out of them by fuch as are in our capacity. Wherfore, *' as to the manner, it is necefTary that we refer it to the Park men t ; " but as to the matter, they cannot otherwife fix their Government up- " on the right Balance. OCEAN J. Ill " I SHALL conclude with a few words to fom parts of the " Order, which my Lord has omitted. As firft to the Confequences " of the Agrarian to be fettled in Marpejia, which irreparably breaks " the Ariftocracy of that Nation ; being of fuch a nature, as ftanding, " it is not poflible that you fliould govern. For while the People of that " Country are little better than theCattel of the Nobility, you muft not " wonder if according as thefe can make their Markets with foren Prin- *' ces, you find thofe to be driven upon your Grounds. And if you be fo " tender, now you have it in your power, as not to hold a hand upon '' them that may prevent the flaughter which muft otherwife infue in " like cafes, the Blood will ly at your door. But in holding fuch a *' band upon them, you may fettle the Agrarian ; and in fettling the " Agrarian, you give that People not only Liberty, but Lands ; which " makes your Proteftion necelfary to their Security ; and their Contri- " bution due to your Protection, as to their own Safety. ''FOR the Agrarian of Panopea, it allowing fuch proportions of fo " good Land, men that conceive themfelves ftraitned by this in Oceana^ " will begin there to let themfelves forth, where every Citizen will in ** time have his VilU. And there is no queftion, but the improvement " of that Country by this means muft be far greater than it has bin in " the beft of former times. " I HAVE no more to fay, but that in thofe antient and heroic *' Ages (when men thought that to be necelfary which was virtuous) " the Nobility of Athens having the People fo much ingag'd in their « debt, that there remain'd no other queftion among thefe, than *' which of thofe fhould be King, no fooner heard Solon fpeak « than they quitted their Debts, and reftor'd the Commonwealth j <' which ever after held a folemn and annual Feaft calPd the SifuBhia, " or Recifton^ in memory of that Aftion. Nor is this example the « Pheenix ; for at the inftitution by L y c u r g u s, the Nobility having " Eftates (as ours here) in the Lands of Lacoma^ upon no other va- " luable confideration than the Commonwealth propos'd by him, " threw them up to be parceled by his Agrarian. But now when no " man is defir'd to throw up a farthing of his Mony, or a fhovel full *' of his Earth, and that all we can do is but to make a virtue of ne- *' ceffity ; we are difputing whether we fliould have Peace or War : , " For Peace you cannot have without fom Government, nor any Go- *' vernment without the proper Balance. Wherfore if you will not ** fix this which you have, the reft is Blood, for without Blood you *' can bring in no other. B Y thefe Speeches made at the Inftitution of the Agrarian, you may perceive what were the Grounds of it. The next is THE fourteenth ORDER, confiituting the Ballot of Venice, as it 14; Ordw. is fitted by fever al Alterations, and appointed to every Ajfembly, to be the conftant and only way of giving fuffrage in this Commonmalth, according to the following Scheme. T: It 7 C^ Miznmr -?>>/a//ot . OCEANA. I SHALL indeavor by the preceding Figure to demonftrat the Manner oi' the F E N ET IJ N B J L LO T (a thing as difficult in difcourfe or writing, as facil in praftice) according to the ufe of it in Oceana. The whole Figure reprefents the Se- nat, containing, as to the Houfe or form of fitting, a fquare and a half; the Tribunal at the upper end being afcended by four fteps. On the uppermoft of thefe fit the Magiftrats that conftitute the Signory of the Commonwealth, that is to fay, A the Strategus ; B the Orator ; C the three Commiffioners of the Great Seal ; D the three Commiffioners of the Treafury, wherof one, B, exercifes for the prefent the Office of a Cenfor at tlie middle Urn F. T O the two upper fteps of the Tribunal anfwer G G. G G. the two long Benches next the Wall on each fide of the Houfe ; the outward- molt of which are equal in height to the uppermoft ftep, and the in- nermoft equal in height to the next. Of thefe four Benches confifts the firft Seat; as the fecond Seat confifls in like manner of thofe four Ben- ches H H. H H. which being next the Floor, are equal in height to the two nethermoft fleps of the Throne. So the who/e Houfe is dijlributed into tivo Seats^ each confifting of fotar Ben- ches. THIS diftribution caufes not only the greater conveniency, as will be fliewn, to the Senators in the exercife of their Funftion at the Bal- lot, but a greater grace to the afpeft of the Senat. In the middle of the outward benches ftand 1. 1, the chairs of the Cenfors, thofe being their ordinary places, tho upon occafion of the Ballot they de- fcend, and fit where they are fhewn by K. K. at each of the outward Urns L. L. Thofe M. M. that fit with their Tables, and the Bowls N. N. before them, upon the half fpace or fecond fl:ep of the Tribunal from the floor, are the Clercs or Secretarys of the Houfe. Upon the fhort Seats O. O. on the floor (which fhould have bin reprefented by Woolfacks) fit P the two Tribuns of the Horfe ; Q^ the two Tribuns of the Foot ; and R R. R R. the Judges : all which Magifl:rats are Af- fifiants, but have no fuffi-age. This pofture of the Senat confider'd, the Ballot is perform'd as follows. FIRST, wheras the gold Balls are of feveral futes, and according- ly mark'd with feveral Letters of the Alphabet, a Secretary prefents a little Urn (wherin there is one Ball of every fute or mark) to the Strategus and the Orator ; and look what Letter the Strategus draws, the fame and no other is to be us'd for that time in the middle Urn F ; the like for the Letter drawn by the Orator is to be obferv'd for the fide Urns L. L. that is to fay, if the Strategus drew a Ball with an A^ all the gold Balls in the middle Urn for that day are mark'd with the Letter A ; and if the Orator drew a B, all the gold Balls in the fide Urn for that day arc mark'd with the Letter B : which don immediat- ly before the Ballot, and fo the Letter unknown to the Ballotants, they can ufe no fraud or jugling; otherwife a man might carry a gold Ball in his hand, and feem to have drawn it out of an Urn. He that draws a gold Ball at any Urn, delivers it to the Cenfor or Af- TeflTor of that Urn, who views the Charafter, and allows accordingly of his Lot. THE Strategus and the Orator having drawn for the Letters, the Urns are prepar'd accordingly by one of the CommilTioners and the CL. two 113 1,4 OCEANA. two Cenfors. The preparation of the Urns is after this manner. If the Senat be to eleft, for example, the Lift call'd the Tropic of Magi- puts, which is this; 1. The LordSTRJTEGVS;. 2. The Lord OR AT R ; ^. The third C MMIS SIONER of the Great Seal ; 4. The third CO MMIS SIO NER of the Treafury ; 5. The firfi CENSOR ; 6. The fecond CENSOR ; This Lift or Schedule confifts of fix Magiftracys, and to every Magiftracy there are to be four Competitors, that is, in all four and twenty Competitors propos'd to the Houfe. They that are to propofe the Competitors are call'd Eledors, and no Elcftor can propofe above one Competitor : wherfore for the propofing of four and twenty Com- petitors you muft have four and twenty Eleftors ; and wheras the Ballot confifts of a Lot and of a Suffrage, the Lot is for no 0- ther ufe than for the defignation of Eleftors ; and he that draws a gold Ball at the middle Urn is an Eleftor. Now, as to have four and twenty Competitors propos'd, you muft have four and twenty Eleftors made ; fo to have four and twenty Eleftors made by lot, you muft have four and twenty gold Balls in the middle Urn ; and thefe (becaufe other wife it would be no Lot) mix'd with a competent number of Blanks, or filver Balls. Wherfore to the four and twenty gold Balls caft fix and twenty filver ones, and thofe (reckoning theBlanks with the Prizes) make fifty Balls in the middle Urn. This don (becaufe no man can com to the middle Urn that has not firft drawn a gold Ball at one of the fide Urns) and to be fure that the Pri- zes or gold Balls in this Urn be all drawn, there muft com to it fifty perfons : therfore there muft be in each of the fide Urns five and twen- ty gold Balls, which in both com to fifty ; and to the end that every Senator may have his Lot, the gold Balls in the fide Urns are to be made up with Blanks equal to the number of the Ballotants at either Urn: for example, the Houfe confifting of 500 Senators, there muft be in each of the fide Urns 125 Blanks and 25 Prizes, which com in both the fide Urns to joo Balls. This is the whole Myftery of pre- paring the Urns, which the Cenfors having skill to do accordingly, the reft of the Ballot, whether the party s balloting underftand it or no, muft of neceffary confequence com right ; and they can neither be out, nor fall into any confufion in the excrcifeof this Art. BUT the Ballot, as I faid, is of two parts, Lot and Suffrage, or the Propojitiofi and Refult. The Lot determins who fhall piopofe the Competitors ; and the Refult of the Senat, which of the Com- petitors fliall be the Magiftrats. The whole, to begin with the Lot, precedes in this manner. THE firft Secretary with an audible Voice reads firft the Lift of the Magiftrats to be chofen for the day ; then the Oath for fair Elefti- 011, at which the Senators hold up their hands ; which don, another Secretary prefents a little Urn to the Strategus, in which are four Balls, each of them having one of thefe tour Infcriptions : FIRST SEAT AT THE VPPER END. FIRST SEAT AT THE LOWER END. SECOND SEAT JT THE VPPER * END. OCEANA. 115 END. SECOND SEAT AT THE LOWER END, and look which of them the Strategus draws, the Secretary pronoun- cing the Infcription with a loud Voice, the Seat fo call'd corns ac- cordingly to the Urns : this in the Figure is the SECOND SEAT AT THE VPPER END. The manner of their coming to the fide Urns is in double Files, there being two holes in the cover of each fide Urn, by which means two may draw at once. The Senators therfore SS. SS. are coming from the upper end of their Seats HH. HH. to the fide Urns L. L. l"he Senators T T. T. are drawing. The Senator V has drawn a gold Ball at his fide Urn, and is going to the middle Urn F, where the Senator W having don the like at the other fide Urn, is already drawing. But the Senators X X. X X. having drawn Blanks at their fide Urns, and thrown them into the Bowls Y. Y. (landing at the feet of the Urns, are marching by the lower end into their Seats again ; the Senator a having don the like at the middle Urn, is alfo throwing his blank into the Bowl ^,' and marching to his Seat again : for a man by a prize at a fide Urn gains no more than right to com to the middle Urn, where if he draws a Blank, his For- tune at the fide Urn coms to nothing at all ; wherfore he alfo returns to his place. But the Senator s has had a Prize at the middle Urn, where the Commiflioner having viewed his Ball, and found the mark to be right, he marches up the fteps to the Seat of the Eleftors, which is the form d fet crofs the Tribunal, where he places himfelf according as he was drawn with the other Eleftors eee drawn before him. Thefe are not to look back, but fit with their Faces towards the Signo- ry or State, till their number amount to that of the Magifl:rats to be that day chofen, which for the prefent, as was fhewn, are fix ; wher- fore fix Eleftors being made, they are reckonM according as they were drawn : Firft, fecond, third, fourth, fifth, fixth, in their Order ; andthefirft fix that are chofen are the FIRST ORDER OF ELECTORS. THE frft Order of Lienors being made, are conduced by a Secretary, with a copy of the Lift to be chofen, out of the Se- nat, and into a Committee or Council - Chamber, being neither fufter'd by the way, nor in their room (till the Ballot be ended) to have conference with any but themfelves ; wherfore the Secretary, having given them their Oath that they fliall makeEleftion according to the Law and their Confcience, delivers them the Lift, and feats himfelf at the lower end of the Table with his Pen and Paper, while another Secretary keeps the Door. B Y fuch time as the firft Order of Eledors are thus feated, the lecond Order of Eleftors is drawn, who with a fecond Copy of the fame Lift are conduced into another Committee-chamber, by other Secretarys performing the fame Office with the former. THE like exaftly is don by the third and by the fourth Orders (or Hands, as the VenetiAns call them ) of Electors j by which means you have the four and twenty Eleftors divided according to the four Copys of the fame Lift, by fix, into four Hands or Or- ders ; and every one of ,thefe Orders names one Competitor to every Magiftracy in the Lift; that is to fay, the firft Ele£lor names to the firft Magiftracy, the fecond Ele£lor to the fecond Magi- ftracy, and fo forth. But tho the Eleftors, as has bin ftiewn, are chofen by mere lot, yet the Competitors by them nam'd are not cho- (^ 2 feQ ii6 OCEANA. fen by any Lot, but by the Suffrage of the whole Order : For exam- pie ; The firfl: Eleftor in the firft Order propofes a Name to be Strate- gus, which Name is balloted by himfelt and the other five Eleftors ; and if the Name fo balloted attain not to above half the Suffrages, it is laid afide, and the firft EIe£lor names another to the fame Magiftracy ; and fo in. cafe this alfo fails, another, till one he has nam'd, whe- ther it be himfelf, or fom other, has attained to above half the Suffrages in the affirmative ; and the name fo attaining to a- bove half the Suffrages in the ^affirmative is written to the firft Magiftracy in the Lift by the Secretary ; which being don, the fe- cond Eleflior of the firft Order names to the fecond Magiftracy till one of his nomination be chofen to the fame. The like is don by the reft of the Eleftors of the firft Order, till one Competitor be chofen, and written to every Magiftracy in their Lift. Now the fecond, third, and iourth Orders of JEIeftors doing exaftly after the fame manner, it corns to pafs that one Competitor to every Magiftracy being chofen in each Order,there be in all four Competitors chofen to every Magiftracy. I F any Controverfy arifes in an Order of Eleftors, one of the Cen- fors (thefe being at this game the Groomporters) is advertis'd by the Secretary, who brings him in, and the Eleftors difputing are bound to acquiefce in his Sentence. For which caufe it is that the Cenfors do not ballot at the Urns; the Signory alfo abftains, left it fhould deform the Houfe ; whcrlbre the Blanks in the fide Urns are by fo many the fewer, ^nd fo much for the Lot, which is of the greater ^rt but lefs Confe- quence, becaufe it concerns Prof ofit ion only : But all (except the Tribuns and the Judges, which being but Affiftants have no Suffrage) are to ballot at the Refult, to which 1 now com. THE four Orders of Eleftors having perfefted their Lifts, the face of the Houfe fs chang'd : for the Urns are taken away, and every Se- nator and Magiftrat is feated in his proper place, favingtheEledors, who, having given their Suffi'ages already, may not ftir out of their chambers, till the Houfe have given theirs, and the reft of the Ballot be perform'd ; which follows in this manner. THE four Lifts being prefented by the Secretarys of each Coun- cil of Eleftors to the Signory, are firft read, according to their Order, to the Houfe with an audible Voice ; and then the Com- petitors are put to the Ballot or Suffrage of the whole Senat in this manner : A. A. nam'd to be Strategus in the firft Order ; wherupon eight Ballotins or Pages, fuch as are exprefs'd by the Figures f. f. take eight of the Boxes reprefented, tho rudely, by the Figures g. g. and go four on the one, and four on the other fide of the Houfe, that is, one to every Bench, finging^^. y^. mnPci to he the Strategus in the frfi Order : and every Magiftrat and Senator (begin- ning by the Strategus and the Orator firft) holds up a little Pellet of Linen, as the Box paffes, between his Fingerand his Thumb, that men may fee he has but one, and then puts it into the fame. The Box con- fifting in the inner part of two Boxes, being painted on the outfide white and green, to diftinguifh the Affirmative from the Negative fide, is fo made, that when your Hand is in it, nomancan fee to which of the fides you put the Suffrage, nor hear to which it falls, becaufe the Pellet being Linen, makes no noife. The Strategus and the Orator having begun, all the reft do the like. THE Ballotins having thus gather'd the Suffrages, bring them 4- befor^ OCEANA, I before the Signory, in whofe prefence the outward Boxes being openM, they take out the inner Boxes, whcrof the Affirmative is white, and the Negative green, and pour the white into the Bowl N on the right hand, which is white alfo, and the green into the Bowl N on tlie left, whidi isaifo green. I'hefe Bowls orBafons (better reprefented at tlie lower end of the Figure by h. i.) being upon this occafion fet before the Tables of the Secretarys at the upper end N. N. the white on the right hand, and the green on tlie left, the Secretarys on each fide num- ber the Balls : by which if they find that the Affirmatives amount not to above one half, they write not the Name that was balloted ; but if they amount to above one half, they write it, adding the number of a- bove half the Suffrages to which it attain'd. The firil: name being written, or laid afide, the next that is put is B. B. nam'd to be Strategus in the fecond Order ; the third C C. namM to be Strategus in the third Order; the fourth D.D. nam'd to be Strategus in the fourth Order : and he of thefe four Competitors that has moft above half in the Affirma- tive, is the Magiftrat ; or if none of them attain to above half, the no- mination for that Magillracy is to be repeated by fuch new Eleftors ns fhall be chofen at the next Ballot. And fo, as is exemplify 'd in the firft Magiftracy, procedes the Ballot of the reft ; firft in the firft, then in the fecond, and fo in the third and fourth Orders. NOW wheras it may happen that A. A. (for example) being nam'd Strategus in the firft Order, may alfo be nam'd to the fame or fom one or more other Magiftracys in one or more of the other Orders ; his name is firft balloted where it is firft written, that is, to the more worthy Ma- giftracy, wherof if he mifles, he i ^ balloted as it coms in courfe for the next, and fo for the reft, if he miffes of that, as often as he is nam'd. AND becaufe to be nam'd twice, or ofrner, whether to the fame or fom other Magiftracy, is the ftronger recommendation ; the note muft not fail to be given upon the name, at the propofition, in this man- ner ; A. A. nam'd to be Strategic in the firjl, and in the fecond Order : or A. A. nam'd to he Strategy in the frji and the third/, in the fr^l and the fourth^ &c. But if he be nam'd to the fame Magiftracy in the firft, fe- cond, third, and fourth Orders, lie can have no Competitor ; wherfore attaining to above half the Sufliages, he is the Magiftrat, Or thus : A. A. nam'd to he Strategic in the jirfi, to he Cenfbr tn the fecond, to be Orator in the thirdy and to be Commijjioner of the Seal in the fourth Order ^ or the like in more or fewer Orders : In which cafes if he miffes of the firft Magiftracy, he is balloted to the fecond '■, if he miffes of the fecond, to the third ; and if he miffes of the third, to the fourth. THE Ballot not finifh'd before Sunfet, tho the Eleftion of the Ma- gift rats already chofen be good, voids the Election of fuch Competi- tors as being chofen are not yet furnifh'd with Magiftracys, as if they had never bin nam'd (for this is no Jugling Box, but an Art that muft fee the Sun) and the Ballot for the remaining Magiftracys is to be repeated the next day by new Orders of Eledors, and fuch Com- petitors as by them Iball be elefted. And fo in the like manner, if of all the names propos'd to the fame Magiftracy, no one of them attains to above half the Suffrages in the Affirmative. T HE Sanatorian Ballot of Oceanx being thus defcrib'd, thofe of the Parifb, of the Hundred, and of the Tribe, being fo little different, that in this they are all contain'd, and by this may be eafily underftood. 17 ii8 OCEANA. are yet fully defcrib'd, and made plain enough before in the 5^/7, (5///, 'jth, Sthj (jth, and loth Orders. THIS therforeis the general Order, whence thofe branches ot the Ballot, fom wherof you have already feen,are deriv'd ; which, with thofe that follow, were all read and debated in this place at the Inftitution. When my Lord Epimonus de Garrula, being one of the Counfillors, and having no farther patience (tho the Rules were com- pos'd by the Agent of this Commonwealth, refiding for that purpofc at Venice) than to hear the direftion for the Parifhes, flood up and made way for himfelf in this manner. May it pleafe your Hi^hnefs, my Lord A R c h o n. " 1 1 N D E R correftion of Mr. P e r e g r i n S p y, our very *' \j^ learn'd Agent and Intelligencer, I have feen the World a lit- " tie, Venice^ and (as Gentlemen are permitted to do) the Great Coun- " oil balloting. And truly I muft needs fay, that it is for a dumb fhew *' the goodlieft that I ever beheld with my eys. You fhould have fom *' would take it ill, as if the noble Venetians thought themfelves too *' good to fpeak to ftrangers, but they obferv'd them not fo narrowly. *' The truth is, they have nothing to fay to their Acquaintance ; or '' Men that are in Council fure would have Tongues : For a Council, *' and not a word fpoken in it, is a contradiftion. But there is fuch a *' pudder with their marching and countermarching, as, tho never a ** one of them draw a Sword, you would think they were training ; *' which till I found that they did it only to entertain ftrangers, I came " from among them as wife as I went thither. But in the Parlament *' of Oceana you had no Balls, nor Dancing, but fober Converfation ; " a man might know and be known, fhew his parts, and improve " 'em. And now if you take the advice of this fame fellow, you will " fpoil all with his whimfys. Mr. Speaker y — Cry you mercy, my " Lord A R c H o N, I mean ; Set the wifeft man of your Houfe in *' the Great Council of Venice^ and you will not know him from a *' fool. Wheras nothing is more certain, than that flat and dull k\- " lows in the judgment of all fuch as us'd to keep company with them " before, upon eleftion into our Houfe, have immediatly chitted like ** Barly in the fat, where it acquires a new Spirit, and ilow'd forth in- " to Language, that I am as confident as I am here, if there were not *' fuch as delight to abufe us, is far better than T u l l y s ; Or, let any *' body but tranflate one of his Orations, and fpeak it in the Houfe, " and fee if every body do not laugh at him. This is a great matter, *' Mr. Speaker ; they do not cant it with your Booklearning, your Orbs, *' your Centers, your prime Magnitudes, and your Nebulones, things *' I profefs that would make a fober man run ftark mad to hear 'em ; " while we, who fhould be confidering the Honor of our Country, " and that it gos now or never upon our hand, whether it fhall be ri- *' diculous to all the World, are going to Nineholes, or trow Madam " for our buflnefs, like your dumb Venetian, whom this fame Sir *' Politic your Refident, that never fawhim do any thing but *' make faces, would infinuat into you, at this diftance, to have the " only knack of State. Wheras if you fhould take the pains, as I have ■ " don, to look a little nearer, you would find thefe fame wonderful 4. " things OCEANA, II " things to be nothing elfe but mere natural Fopperys, or Capricios, as '' they call them in Italian^ even of the meaneft of that Nation. For, " put the cafe you be travelling in Itdy^ ask your Contadino^ that is, *' the next Country fellow you meet, fom queftion, and prefently he " ballots you an anfwer with a nod, which is affirmative ; or a fliake " with his head, which is the negative box ; or a fhrug with his " fhoulder, which is the Boffolo di mn fmceri. Good ! You will *' admire Sands for telling you, that Grotto, di Cane is a Miracle : *' and I fliall be laugh'd at for afluring you, that it is nothing elfe but " fuch a damp (continued by the neighborhood of certain Sulphur " Mines) as thro accidental heat dos fomtimes happen in our Coalpits. *' But Ingratitude mufl: not difcorage an honeft man from doing good. " There is not, I fay, fuch a tonguety'd Generation under Heaven " as your Italian ; that you fhould not wonder if he makes figns. But " our People muft have fomthing in their Diurnals, we muft ever " and anon be telling 'em our minds ; or if we be at it when we raife " Taxes, like thofe Gentlemen with the finger and the thumb, they " will fwear that we are Cutpurfes. — Com, I know what I have heard " 'em fay, when fom men had mony that wrought hard enough for " it ; and do you conceive they will be better pleas'd when they fhall " be told, that upon like occafions you are at mumchance or ftoolball ? " Idonotfpeak for my felf; forthol fhall always acknowlege, that " I got more by one years fitting in the Houfe, than by my three years " Travels, it was not of that kind. But I hate that this fame Spy, " for pretending to have play'd at Billiards with the moft Serene Com- " monwealth of Venice^ fhould make fuch fools of us here, when I " know that he muft have had his intelligence from fom Corncutter " upon the Rialta. ; for a noble Venetian would be hang'd if he fhould " keep fuch a fellow company. And yet if I do not think he has made " you all dote, never truft me, my Lord A r c h o n is fomtimes in " fuch ftrange Raptures. Why, good my Lord, let me be heard as " well as your Apple Squire ; Venice has frefh blood in her Cheeks, I " muft confefs, yet flie is but an old Lady. Nor has he pick'd her Ca- " binet ; thefe he fends you are none of her Receits I can affure you, " he bought them for a jf«//o at St. Marcs of a Mountebank. She has " no other wafh, upon my knowlege, for that fame cnvy'd Complexion *' of hers but her Marfljes^ being a little better fcented, faving your *' prefence, than a Chamberpot. My Lords, I know what I fay, but " you will never have don with it, That neither the Great Tare, nor " any of thofe little Turcs her Neighbors, have bin able to fpoil her ! " Why you may as well wonder that Weefels do not fuck egs in " Swans nefts. Do you think that it has lain in the devotion of her " Beads ; which you that have puk'd fo much at Popery, are now *' at length reftlvM fhall confecrat M. Par/on, and be drop'd by every *' one of his Congregation, while thofe fame whimfical Intelligen- ** ces your Surveyors (you will break my heart) give the turn to " your frimum mobile ? and fo I think they will ; for you will find, " that Mony is the primum mobile., and they will turn you thus out of " fom three or four hundred thoufand Pounds : a pretty Sum for " Urns and Balls, for Boxes and Pills, which thefe fame Quackfalvers " are to adminifter to the Parifhes ; and for what Difeafe I marvel ! " Or how dos it work ? Out coms a Conftable, an Overfeer, and a " Churchwarden ! Mr. Speaker, I am amaz'd ! NEVER ^2o OCEANA. NEVER was there Goofe fo ftuck with Lard as my Lord E p i- M o N u s ' s Speech with Laughter ; the A r c h o n having much ado to recover himfelf, in fucli manner as might inable him to return thefe thanks. ""FN your whole lives, my Lords, were you never entertain'd " J^ with fo much Ingenuity ; my Lord E p i m o n u s having at " once mended all the faults of Travellers. For, firft-, wheras " they are abominable liars, he has not told you (except fom mali- " tious body has mifinform'd him concerning poor Spy) one fyllable " of falfliood. And, fecondly, wheras they never fail to give the " upper hand in all their Difcourfes toforen Nations, ftill juftling their " own into the kennel ; he bears an Honor to his Country that " will not diffolve in Cephdonia^ nor be corrupted with Figs " and Melons, which I can affure you is no ordinary obligation : *' And therfore hold it a matter of public concern, that we. be no " occafion of quenching my Lord's Afteftions ; nor is there any " fuch great matter between us, but in my opinion might be eafily '' reconcil'd : for tho that which my Lord gain'd by fitting in the " Houfe, I ftedfaftly believe, as he can affirm, was got fairly ; " yet dare I not, nor do I think, that upon confideration he will " promife ib much for other Gamefters, efpecially when they were " at it fo high, as he intimats not only to have bin in ufe, but to " be like enough to com about again. Whertore, fay I, let them " throw with boxes ; for unlefs we will be below the Politics of " an ordinary, there is no fuch bar to cogging. It is known to " his Lordfhip, that our Game is mojl at a throw, and that every " cafl: of our Dice is in our Suffrages ; nor will he deny, that partiality " in a Suffrage is downright cogging. Now if the Venetian Boxes be " the mofl: foverain of all Remedys againft this fame cogging, is it not *' a ftrange thing that they fhould be thrown firft into the fire by " a fair Gamefter ? Men are naturally fubjeft to all kinds of Paf- *' fions: Som you have that are not able to withlland the brow" " of an Enemy ; and others that make nothing of this, are lefs " proof againif that of a Friend. So that if your Suffrage be bare- " fac'd, I dare fay you fliall not have one fair cafl: in twenty. But " whatever a man's fortune be at the box, he neither knows whom " to thank, nor whom to challenge. Wherfore (that my Lord may " have a charitable opinion of the choice Affedion which I coniefs *' to have, above all other Beauty s, for that of incomparable Venice) " there is in this way of Suffrage no lefs than a demonftration that " it is the moft pure : and the purity of the Suffrage in a popular Go- " vernment is the Health, if not the Life of it j feeing the Soul is no " otherwife breath'd into the Soverain Power, than by the Suffrage " of the People. Wherfore no wonder if Postellus be of " opinion, that this ufe of the Ball is the very fame with that " of the Bean in Athens ; or, that others, by the Text concerning " E L D A D and M e d a d, derive it from the Commonwealth of 7/- " rael. There is another thing, tho not fo material to us, that my " Lord will excufc me if I be not willing to yield, which is, that Ve- " nice fubfiflsonly by her Situation. It is true, that a man in time of " War may be more fecure from his Enemys by being in a Citadel, " but not from his Difeafes : wherfore the firft: caufe, if he hves long, M; IS OCEANA. 121 " ishis goodConllitution, without which his Citadel were to little '' purpofe ; and it is not otherwife with Venice. WITH this Speech of the A r c h o n I conclude the proof of the Agrarian, and the Ballot, being the Fundamental Laws of this Commonwealth ; and com now from the Center to the Circumfe- rences or Orbs, wherof fom have bin already fhewn : As how the PariOies annually pour themfelves into the Hundreds, the Hundreds into the Tribes, and the Tribes into the Galaxys ; the Annual Galaxy of every Tribe confifting of two Knights and feven Deputys, wherof the Knights conftitute the Senat ; the Deputys, the Prerogative Tribe, commonly call'd the People ; and the Senat and People conftitute the So- verain Power, or Parlament of Oceana. Wherfore to fhew what the Parlament is, I muft firft open the Senat, and then the Prerogative Tribe. To begin with the Senat, of which (as a Man is differently vq- The Faa of thi prefented by a Pifturedrawer, and by an Anatomift ) I fhall firft dif- ^'■''^*'' cover the Face or Afpeft, and then the Parts, with the ufe of them. Every Monday morning in the Summer at feven, and in the Winter at eight, the great Bell in the Clockhoufe at the Pantheon begins, and continues ringing for the fpace of one hour : in which time the Ma- giftrats of the Senat, being attended according to their Quality, with a refpeftive number of the Ballotins, Doorkeepers, and MelTengers ; and having the Enfigns of their Magiftracys born before them, as the Sword before the Strategus, the Mace before the Orator, a Mace with the Seal before the Commiftioners of the Chancery, the like with the Purfe before the Commifiioners of the Treafury ; and a Silver Wand, likethofeinufe with the Univerfitys, before each of the Cenfors, be- ing Chancellors of the fame. Thefe with the Knights, in all three hundred, alfemble in the Houfe or Hall of the Senat. THE Houfe or Hall of the Senat, being ficuated in the Pantheon or Palace of Juftice, is a Room confifting of a Square and a half. In the middle of the lower end is the Door ; at the upper end hangs a rich State overfliadowing the greater part of a large Throne, or half pace of two Stages ; the firft afcended by two fteps Irom t!ie floor, and the fecond about the middle rifing two fteps higher. Upon this ftand two Chairs, in that on the rig! t hand fits the Strategus, in the other the Orator, adorn'd with Scarlet Robes, after the fafhion that was us'd by the Dukes in the Ariftocracy. At the right end of the upper Stage ftand three Chairs, in which the three Commiffioners of the Seal are plac'd ; and at the other end fit the three Commifiioners of the Treafury, every one in a Robe or Habit like that of the Earls. Of thefe Magiftrats of this upper Stage confifts the Signory. At either end of the lower Stage ftands a little Table, to which the Secretarys of the Senat are fet with t!ieir tufted Sleeves in the habit of civil Lawyers. To the four fteps, wherby the two Stages of the Throne are afcend- ed, anfwer four long Benches, which fuccefiively deriving from every one of the fteps, continue their refpeftive height, and extend them- felves by the fide Walls towards the lower end of the Houfe, every Bench being divided by numeral Chara£lers into the thirty feven parts or places. Upon the upper benches fit the Cenfors in the Robes ot Ba- rons ; the firft in the middle of the right hand bench, and the fecond direftly oppofit to him on the other fide. Upon the reft of the Ben- ches fit the Knights, who if they be call'd to the Urns, diftributing R them- 122 OCEANA. themfelves by the Figures, com in equal files, either by the firft Seat^ which confifts of the two upper Benches on either fide ; or by the fe- cond Sear, confifting of the two lower Benches on either fide : begin- ning alfo at the upper, or at the lower ends of the fame, according to the Lot wherby tliey are call'd ; for which end the Benches are open, and afcended ac either end with eafy ftdirs and large paffages. The i-efl: of the Ballot is conformable to that of the Tribe ; the Cenfors of the Houfe fitting at the fide Urns, and the youngeffc Magiftrat of the Signory at the middle : the Urns being plac'd before the Throne, and prepared according to the number of the Magiftrats to be at that time chofen by the Rules already given to the Cenfors of the Tribes. But before the Benches of the Knights on either fide ftands one being fhorter ; and at the upper end of this fit the two Tribuns of the Horfe. At the upper end of the other, the two Tribuns of the Foot in their Arms ; the reft of the Benches being cover'd by the Judges of the Land in their Robes. But thefe Magiftrats have no Suffi-age, nor the Tribuns, tho they derive their prefence in the Senat from the Romms ; nor the Judges, tho they derive theirs from the antient Senat of Oceana. Every Monday this AlTembly fits of courfe ; at other times, if there beoccafion, any Magiftrat of the Houfe by giving order for theBelJ, or by his Liftor or Enfignbearer, calls a Senat. And every Magiftrat or Knight during his Seffion has the Title, Place, and Honor of a Duke, Earl, Baron, or Knight, refpeflively. And every one that has born the fame Magiftracy by his third Seftion, has his refpeftive Place and Title during the term of his Life, which is all the Honor confer'd by this Commonwealth, except upon the Mafter of the Ce- remonys, the Mafter of the Horfe, and the King of the Heralds, who are Knights by their places. And thus you have the face of the Senat, in which there is fcarce any Feature that is not Roman or Vene. tian; nor do the Horns of the Crefcent extend themfelves much un- WliQiho^Qol xht Sanhedrim^ on either hand of the Prince, and of the Father of that Senat. But upon Beauty, in which every Man has his phanfy, we will not otherwife philofophize than to remember that there is fomthing more than decency in the Robe of a Judg, that would not be well fpar'd from the Bench ; and that the graveft Magiftrat, to whom you can commit the Sword of Juftice, will find a quicknefs in the Spurs of Honor, which if they be not laid to Virtue, will lay themfelves to that which may rout a Commonwealth. confiitufm !jf TO com from the Face of the Senat, to the Conftitution and Ufe of the Senat. j.|^g Parts: It is contained in the peculiar Orders, And the Orders which are peculiar to the Senat, are either of Eleftion or Inftruflior^. ELECTIONS in the Senat are of three forts, Annual, Biennial, and Extraordinary. ANNUAL EleQ:ions are performed by the Schedule call'd the Tropic : And the Tropic confifts of two parts ; the one containing the Magiftrats, and tb.e other the Councils to be yearly elected. The Schedule or Tropic of the Magiftrats is as follows in 15. Order. THE fifteenth ORDER, requiring. Thai upon everj Monday next ^tfljhit!-''' ^"f"^"S. ^^-'^ ^# <>f March, the Kjaghts of the Annual Galaxys taking ^ •'■^' ""• their places in the Senat, be calPd the third Region of the fame ; and that the Houfe having difrnifi the frfi Region, and received the third, precede to eleHion of the Magiftrats contained in the frft part of the 1 ropic, by the injuing Schedule : * The OCEANA. 123 The Lord Strategus, 3 The firft anfor'' C '^"""'^ %'A'^^^' Thefecond Cenfor, J The third Commillioner of 1 ThfthH'commiffiona of [ '^"'"''''' ^'•'-'fi^'"- the Treafury, j THE Anmid Migifirxts (provided thxt no one Man bears ahove one of thofe Honors during the term of one SeJJion) miy be elected out of my Region. But the Triennial Magifirats may not be elected out of any other than the third Region only^ left: the term of their Seffton expire before that of their Honor ; and (it being unlawful for a Mm to bear Magiftracy any longer than he is therto qualiffd by the Election of the Feople) caufe a Fraction in the Rotation of this Commonwealth. THE Strategus is frft Prefideat of the Senat, and General of ^j^e Of the Scrare- Army, if it be commanded to march ; in which cafe there fhxll be a fe- ^^' cond Strategus eleBed to be firfi Prejident of the Senat, and General of the fecond Army : and if this alfo be commanded to march ^ a third Stra- tegus jhall be chofen ; and fo on^ as long as the Commonwealth feads forth Armys. THE Lord Orator is the fecond and more peculiar Prejident of //^e of the Orstor. Senat^ to whom it appertains to keep the Houfe to Orders. THE Cenfors, wherofthefirjl by confequence of his Election is Chan- OftheCenfors. cellor of the Vniverfity of QY\o, and the fecond of that of Calliope, are Preftdents of the Council for Religion and Magiftrats, to whom it belongs to keep the Houfe to the order of the Ballot. They are alfo Inqaifitors into the ways and means of acquiring Mxgijtracy ; and have power to punifb indirect procedings in the fame^ by removing a Kjiight or Magijtrat out of the Houfe, under appeal to the Senat. THE CommiJJioners of the Seal being three, wherof the third is annu- ^^ ^^ Ccm- aUj chofen out of the third Region^ are "Judges in Chancery. mifnoners ct THE CommiJJioners of the Treafury being three, wherof the third is of die Com- annually chofen out of the third Region, are Judges in the Exchequer; ^w^ '"'"•oners of every Magijtrat of this Schedule has right to propofe to the Senat. ^ ^ r"lury. BUT the Strategus with the fix CommiJJioners, are the Signory o/oftlieSigno» this Commonwealth, having right of Sejfion and Suffrage in every Counctl^^- of the Senat, and Power either jointly or fever ally to propofe in all or any of them. I HAVE little in this Order to obferve or prove, but that the Strategus is the fame Honor both in name and thing that was born, among otiiers, byPHiLOPEMEN and Aratus in the Common- wealth of the Acheans ; the like having bin in ufe alfo with the Aitoli- ans. The Orator, call'd otherwife the Speaker, is with fmall altera- tion the fame that had bin of former ufe in this Nation. Thefe two, if you will, may be compar'd to the Confuls in Rome, or the Suftetes in Carthage ; for their Magiftracy is fcarce different. THE Cenfors derive their power of removing a Senator from thofe of Rome ; the Government of the Ballot, from thofe of Venice ; and R 2 that 124 OCEANA, that of Anlmadveifion upon the Ambitm, or canvafs forMagiflcacy, from both. THE Hignory, with the whole Right and Ufe of that Magiftracy, to be hereafter more fully explain'd, is almoft purely Venetian. THE fccond part of the Tropic is direfted by Id;. Order. THE fixteenth ORDER, rvherby the Conftitution of the Coumiis, ^r^^'^muf ^"''''S, f°"^^ *^'^^ " f^fij^ ^^^ Council of State, the Council of IVar, the Council of Religion f and the Council of Trade, is render'' d conformable in of the Coun- their Revolutions to that of the Senat. As, fir (I, by the annual Elec- cilot State, ^y^^ ^jr ^^^ J^nights out of the third Region of the Senat, into the Coun- cil of State, confisting of fifteen Kjtights, fve in every Region. Second- of the Council /)", By the annual Elect ion of three Kjiights out of the third Region of the of War. Council of State, to be propos''d by the Frovojls, and eleBed by that Coun- cil, into the Council of War, con fisting of nine Kjiights, three in every Region, not excluded by this EleBion from remaining Members aljo of the Council of State. The four Trtbuns of the People have right of Scffton o^theCoimdl and Suffrage in the Council of War. Thirdly, By the annual Election of of Rdigion. j'oi^f ^jiights out of the third Region of the Senat into the Council of Re- ligion, con fisting of twelve Kjiights, four in every Region : Of th/s Coun- ofiheCoancilcil the Cenfors are Prefidents. Fourthly, By the annual Election of four of Trade. Kpis^hts Out of the third Region of the Senat into the Council of Trade^ of the Pro- confuting of twelve Knights, four in every Region. And each Region, in vcfis. every one of thefe Councils thus conjlituted, fhall rveekly and interchangeably ele[t one Provojl, rvho/e Magifiracy fJjall continue for one Week ; nor fljall he be reeleBed into the fame, till every Kjiight of that Region in the fame of the Council Council has once born the fame Magiflrac). And the Provofts being one in ot the Pro- ^^^^y Pegion, three in every Council, and twelve in all, befdes their other Capacitys, fball affemble and be a Council, or rather an Academy apart, to certain ends and purpofes to be hereafter further explain' d, with thoje of the reft of the Councils. THIS Order is of no other ufe than for the frame and turn of the Councils, and yet of no fmall one : for in Motion confifts Life ; and the Motion of a Commonwealth will never be current, unlefs it be circular. Men that, like my Lord Epimonus, not induring the refemblance of this kind of Government to Orbs and Spheres, fall on phyficing and purging it, do no more than is neceflary ; for if it be not in Rotation both as to Perfons and Things, it will be very fick. The People of Rome, as to Perfons, if they had not bin taken up by the Wheel of Magiftracy, had overturn'd the Chariot of the Senat. And thofe of Lacedemon, as to Things, had not bin fo quiet when the Senat trafh'd their Bufinefs, by incroaching upon the Refulr, if by the Inftitution of the Ephors they had not brought it about again. So that if you allow not a Commonwealth her Rotation, in which con- fifts her Equality, you reduce her to a Party, and then it is neceflary that you be Phyficians indeed, or rather Farriers ; for you will have ftrong Patients, and fuch as muft be halter'd and caft, or your felves may need Bonefetters. Wherfore the Councils of this Common- wealth, both in regard of their Eleftions, and, as will be fhewn, of their Affairs, are uniform with the Senat in their Revolutions ; not as Whirlpits to fwallow, but to bite, and with the Scrues of their Ro- tation to hold and turn a Bufinefs (like the Vice of a Smith) to the Hand OCEANA. 125 Hand of the Workman. Without Engins of which nature it is not poffible for the Senat, much lefs for the People, to be perfect Artificers in a political Capacity. But I fliall not hold you longer from THE feventeenth ORDER, dire5img hienn'td EleEtions, or the <7- Order. Con flit tit ion of the Orb of Jmbajfadors in ordinary ^ confiking of four Re- the'bfcmZ'tE- Jidences, the Revolution ivherof is perform' d in eight years^ and preferv'd U-^'m or orbof thro the EleBion of one Amhaffador in two years by the Ballot of the Senat '^'"^'^i-"'"" '« to repair to the Court of France, and re fide there for the term of two years ; and the term of two years being expired, to remove from thence to the Court of Spain, there to continue for the fpace of two yearsy and thence to remove to the State of Venice ; and after two years refidence ift that City, to conclude with his refidence at Conftantinople for a like term of time, and fo to return. A Kjiight of the Senat ^ or a Deputy of the Prerogative^ fnay not be eleBed Ambaffador in Ordinary^ becaufe a Kjiight or Deputy fo chofen, mufl either lofe his Sefjion, which would caufe an un- evennefs in the motion of this Commonwealth , or accumulat Magiflracy, which agrees not with the ec[uality of the fame. Nor may any Man be elected into this Capacity ^ that is above fve and thirty years of Age, leff the Commonwealth lofe the charge of his Education^ by being depriv''d at his return of the Fruit of it, or elfe injoy it not long thro the defefls of Nature. THIS Order is the Perfpeftive of the Commonwealth, wherby file forefees Danger, or the Traffic ; wherby fhe receives every two years the return of a Statefman inrich'd with eight years experience, from the prime Marts of Negotiation in Europe, And fo much for the Elections in the Senat that are ordinary ; fuch as are extraordinary follow in THE eighteenth ORDER, appointing all Elections upon emergent 18. Order. occafwns, except that of the Dilator, to be made by the Scrutiny, or that '^flJ!!'"'"' f kind of Election, wherby a Council corns to be a fifth Order of Electors, ^ydinnry^ or'fr? For Example., if there be occafion of an Ambaffador Extraordinary, the the Sautiny, Provofts of the Council of State, or any two of them fljatl propofe to the fame, till one Competitor be chofen by that Council : and the Council having chofen a Competitor, jhall bring his name into the Senat, which in the ufual jvay fjjall chufe four more Competitors to the fame Magiftracy ; and put them, with the Competitor of the Council, to the Ballot of the Houfe, by which he of the five that is chofen is faid to be elected by the Scrutiny of the Council of State. A Vice-Admiral, a Polemarch, or Field Ojjicer,_ fhall be elected after the fame manner, by the Scrutiny of the Council of War. A Judg or Serjeant at Law, by the Scrutiny of the Commiffioners of the Seal. A Baron, or confiderahle Officer of the Exchequer, by the Scrutiny of the Commiffioners of the Treafury. Men in Magiftracy, or out of it, are equally capable of Election by the Scrutiny ; but a Magiflrat or Officer ele^ed by the Scrutiny to a military Imployment, if he be neither a Kjiight of the Senat, tior a Deputy of the Prerogative, ought to have his Office confirmed by the Prerogative, becaufe the Militia in a, Common^ wealth, where the People are Soverain, is not lawful to be touched injuffu Populi. THE X26 OCEANA, THE Romans were fo curious, that tho their Confuls were ele£led in the * CenturtAt Jpmbljs, they might not touch the Militia, except they were confirm'd in the f Parochial Ajfemblys : for a Magiftrat not receiving his Power from the People, takes it froni thera ; and to take away their Power, is to take away their Liberty. As to the Eleftion by the Scrutiny, ft is eafily perceiv'd to be Venetian, there being no fuch way to take in the Knowlege, which in all reafon mufl; be belt in every Council of fuch men as are moft fit for their turns, and yet to keep them from the biafs of particular Affedion or Intereft under that pretence : For the caufe why the Great Council in Venice fcarce ever clefts any other than the Name that is brought in by the Scrutiny, is very probable to be, that they may .... This Eleftion is the laft; of thofe appertaining to the Senat. The Councils being chofen by the Orders already fliewn, it remains that we com to thofe wherby they are inftrufted : and the Orders of Inflruftion to the Councils are two, the firfl: for the Matter wherupon they are to procede ; and the fecond for the Manner of their proceding. The Matter of the Councils is di- flributed to them by 19, Order. THE nineteenth ORDER, difiributing to every Council fuch Btt- inftrt^'"",' P" ji/jelfes AS are properly to belong to their Cognizance, wherof jbm they fhall totkif Mutter js<^^t^^ 'ti'^'^'^^^^f^^^^^ '■> ^^"^ otheis they jhall receive, prepare, and, introduce into the Houfe : jJs, firjl, FortheCoun- THE Council of State .is to receive all Jddrejfes, Intelligences, and cil of State, Letters of Negotiation ; to give audience to jl/nbaffadors fent to, and to draw up Infruclions for fuch as jhall be fent hj, this Commonwealth ; to receive Propojitions from, and hold Intelligence with the Provincial Coun- cils ; to conjider upon all Laws to be enacted^ amended, or repeaPd ; and up- on all Levys of Men or Mony, War or Peace, Leagues or Ajfociations to be made by this Commonwealth, fo far forth as is conducible to the orderly preparation of the jame to be introduced by them into the Senat. Provid' Tor thtCom- ed that all fuch Affairs, as otherwife appertaining to the Council of State cii of War. ^yg^ jor the good of the Commonwealth, to be carrfd with greater fecrecy, he mana£d b^ the Council of War, with Power to receive and fend forth Agents, Spys, Emijfarys, Intelligencers, Frigots ; and to manage Affairs of that nature, if it be necejfary, without communication to the Senat, till fuch time as it may he had without detriment to the Bujinefs. But they Jhall have no Power to ingage the Commonwealth in a War, without the confent of the Senat and the Veople. It appertains alfo to this Council to take charge of the Fleet as Admiral ; and of all Storehoufes, Armory s, Arfenalsy and Magazins appertaining to this Commonwealth. They jhall keep a di- ligent Record of the military Expeditions from time to time reported by him that was Strategm or General, or one of the Polemarchs in that A^i- on ; or at leajl fo far as the Experience of fuch Commanders may tend to the improvement of the military Difciplin, which they jhall Mgep and in- troduce into the Senat : and if the Senat (hall therupon frame any Arti- cle, they jhall fee that it be obferv^d in the Mufiers or Education of the Touth. And wheras the Council of War is the Sentinel or Scout of this Com- monwealth, if any Perfon or Perfons jhall go about to introduce Debate into any popular Afjembly of the fame, or otherwife to alter the prefent Govern- * Centurjatis. f Curiatis Comitiis. ment. OCEANA. 127 meftf, or ftrike at the root of i/-, thej fjall appreheady or cauje to be ap- prehe»dedy feiz'd, imprifon'd ; and examin, arraign, acquit, or condemn^ and cauje to be executed any fuch Per/on or PerfonSy by their proper Power aud Author ityy and without appeal. THE Council of Religion^ as the Arbiter of this Commonwealth /';? For the Coun- cafes of Confcience more peculiarly appertaining to Religion, Chri/lian'^^^°^^^^^&^°'^' Charity, and a pious Life, /ball have the care of the National Religion, And the proteEHon of the Liberty of Confciemey with the cognizance of all Caufes relating to either of them. And fr(i as to the National Religion ; They jhall cauje all Places or Preferments of the befi Revenue in either of the Univerfitp to be confer''d upon no other than fuch of the mofi learned and pious Men, as have dedicated themfelves to the Jludy of Theology. They /ball alfo take a fpecial care that by fuch Augmentations as be or /ball hereafter be appointed by the Senat, every Benefice in this Nation be im- prov''d at leajl to the value of one hundred pounds a year. And to the end that there be no inter ejl at all, wherby the Divines or Teachers of the National Religion may be corrupted, or corrupt Religion, they fjall be ca- pable of no other kind ef Imployment or Preferment in thisCommonvealth. And wheras a DireBory for the Adminiflration of the National Religion is to be prepar''d by thii Council, they flj all in this and other Debates of this nature procede in manner following : A Quejlion arifing in matter of Reli- gion /ball be put and flated by the Council in writing ; which Writing the Cenfors fhall fend by their Beadles ( being Pro£lors chofen to attend them ) each to the Vniverfity wherof he is Chancellor ; and the Vice-Chancellor of the fame receiving the Writing, /ball call a Convocation of all the Divines of that Vniverjity, being above forty years of Age. And the Vniverjitys upon a point fo proposed, fhall have no manner of Intelligence or Correfpon- dence one with another, till their Debates be ended, and they have made return of their Anfwers to the Council of Religion by two or three of their own Members, that may clear their fenfe, if any doubt ffjould arife, to the Council; which don, they fb all return, and the Council having receiv''d fuch information, fhall procede according to their own judgments, in the preparation of the whole matter for the Senat : Thatfo tht Interejl of the Learned being remov''d, there may be a right application of Reafon to Scripture, which is the Foundation of the National Religion. SECONDLT, This Council, as to the prote^ion of the Liberty of Confcience, fball fuffer 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 fuch as voluntarily undertake that calling ; and their Auditors or Hearers, no other than are alfo voluntary. Nor jball any gather''d Con- gregation be molefled or interrupted in their way of Worfjjip (being nei- ther 'Jewifb nor Idolatrous ) but vigilantly and vigoroufty protected and de~ fended in the Injoyment, Praffice, and Profefjion of the fame. And if there be Officers or Auditors appointed by any fuch Congregation for the introduction of Caufes into the Council of Religion, all fuch Caufes fo introduced fhall be receiv d, heard, and determin''d by the fame, with recourfe had, if need be, to the Senat. THIRDLY, Every Petition addrefi to the Senat, except that of a. Tribe, fball be receiv''d, examirPd, and debated by this Council ; and fuch only as they, upon fuch examination and debate had, fhall think fit, may be introduc''d into the Senat. THE Council of Trade being the Vena Porta of this Nation, y/j^Z/KordieCoun- hereafter receive Infhuciions more at large. For the prefent, their Ex- perience 12 8 OCEANS. ferience attAming to a right un^erfi ending of thofc Trades and M\JIerji that feed the Veins of this Conimonrvealth^ and a true difiinction of them from thofe that fuck or exhaufi the fame, they jhall acquaint the Senat with the Conveniences and Inconveniences, to the end that Incouragement may he apply d to the one, and Remedy to the other. For the Aca- THE Academy of the Provofls, being the jf ability of the Common- demy of the p^ealth, fija/l affenille every day towards the Evening in a fair Roojn, having Piovofts. f^Ytain withdrawing Rooms therto belonging. And all forts of Company that will repair thither for Converfation or Difcourfe, fo it be upon matters of Government, News, or Intelligence, or to propufe any thing to the Coun- cils, /hall be freely and affably receiv''d in the^outer Chamber, and heard in the way of civil Coni/erfation, which is to be managed without any other Aw or Ceremony than is therto ufually appertaining ; to the end that every Man may be free, and that what is propos''d by one, may be argued or dif- cours^d by the refl, except the matter be of fecrecy ; in which cafe the Pro- vojls, or fom of them, jhall take fuch as defire Audience into one of the withdrawing Rooms. And the Provofls are to give their minds, that thps Academy be fo govtrn'd, adorn'^d, and preferv''d, as may be mofi attra^ive to Men of Parts and good Ajfe5iions to the Commonwealth, for the ex- cellency of the Converfation. IVRT HERMO RE, If any Man, not being able or willing to com in perjon, has any advice to give which he judges may he for the good of the Commonwealth, he may write his mind to the Academy of the Provofls, in a, Letter ftgn^d or not figri'd ; which Letter fhall be left with the Doorkeeper of the Academy. Nor jjjall any Perfon delivering fuch a Letter be feiz'd, molefled, or detain'd, tho it (hould prove to be a Libel. But the Letters fo deliver'' d fhall be prefented to the Provofls; and in 'cafe they be fo many that they cannot well be per us'' d by the Provofls themfelves, they flo all diflri- bute them as they pleafe to be read by the Gentlemen of the Academy, who finding any thing in them material, will find matter of Difcourfe : Or if they happen upon abufinefs that requires privacy, return it with a Note upon it to a Provoft. And the Provofls by the Secret arys attendingfhall caufe fuch Notes out of Difcourfes or Letters to be taken as they pleafe, to the end that they may propofe, asoccafionferves, what any two of them fhall think fit out of their Notes fo taken to their refpeBive Councils: to the end that not only the Ear of the Commonwealth be open to all, but that Men of fuch Education being in her ey, flje may upon emergent Elections or Occafwns be always provided of her choice of fit Perfons. FortheAtten- EVE RT Council being adorn' d with a State for the Signory, fjjall be dance oi the ^{{g„^f^ ly two Secret arys, two Door keepers, and two Meffenpers in ordinary. Councils. ,, -^ J ^17 •'■' ^ ^ . J^ and have power to command more upon Lmergencys, as occajion requires. And the Jlcademy ffjall be attended with two Secret arys, two Meffengtn, and two Doorkeepers ; this with the other Councils being provided with their farther Conveniences at the charge of the State. Fcr the Difla- BUT wheras it is incident to Commonwealths, upon Emergency s re- tc. quiring extraordinary fpeed or fecrecy, either thro their natural delays or unnatural hajl, to incur equal danger, while holding to the flow pace of their Orders, they com >30t la time to defend them/elves from fom fudden blow ; or breaking them for the greater fpeed, they but haft to their own de- JlruBion : If the Senat jhall at any time make Election of nine /(nights extraordinary, to be added to the Council of War, its a Junda/(?r the tern* of three Months, the Council of War, with the JunCta fo added, is for the term of the fame DiUator of Oceana, having power to levy Men and. * Monvy OCEANA. x^. Motrf, to make War and Peace, as alfo to em£i Lam, which /hall he good for the/pace of one year (if they be not fooner repeal* d by the Senat and phe People) and for no longer time ^ except they be confrm''d by the Senat and the People. And the whole Adminiftration of the Commonwealth for the term of the f aid three Months ^ all be in the Dilator ; provided, that the DiHator jhall have no Power to do any thing that tends not to his proper end and inflitution, but all to the prefervation of the Commonwealth as it is eftablipPd, and for the fudden reftitution of the fame to the natural Channel and common courfe of Government. And all Acls^ Orders De- crees, or Laws of the Council of War with the Jun£la, being thtu created ■ fhall be fign'd^ DICTATOR OCEANS, THIS Order of Inftrudions to the Councils being (as in a mat- ter of that nature is requifit) very large, I haveus'd my bell: skill to abbreviat it in fuch manner as might fhew no more of it than is necef- fary to the underftanding of the whole ; tho as to the parts, or further dutys of the Councils, I have omitted many things of lingular ufe in a Commonwealth. But it was difcours'd at the Council by the A R c H o N in this manner. My Lords, the Legiflators ; " "V^OUR Councils, except the Dictator only, are proper and " J[_ native Springs and Sources, you fee, which ( hanging a few " flicks and ftraws, that, as lefs confiderable, would otherwife be " more troublefom, upon the banks of their peculiar Channels ) de- " rive the full ftream of bufinefs into the Senat, fo pure, and fo far *' from the poflibility of being troubl'd or ftain'd ( as will undenia- " bly appear by the Courfe contained in the infuing Order) with " any kind of privat Intereft or Partiality, that it flmll never be poffi- " ble for any AlTembly hearkning to the advice or information of this *' or that worthy Member (either inftrufted upon his Pillow, or " while he was making himfelf ready, or by the Petition or Ticket " or diKihct, id egifie ilium uc tiliis minorem poteflacem rclinqucrec: Rclir.quam, inquic, fed diuturniorcm. Optime quidem-: Ea enim demum tuta eft potentia, qua; viribus lliis mcdum imponit. Theopompus iycur legitimis regnum vinculis conrtringeiido, quo lon^ius a licencia ictrixtc, hoc pioiiius ad benevolentiam civium admcric. \ al. Mux, I. 4. c. i.dc ext^rm, §. 8. >i. " fliaJl OCEANA. " fhall eafily perceive he never did, he muft have bin fo far from at- *'■ tributing the Prudence of them to Chance, that he would have " touch'd up his admii-able work to that perfeftion, which, as to the " civil part, has no pattern in the univerfal World but this of Venice. " ROME, fecureby her potent and viftorious Arms from all ex- " ternal caufes of Commotion, was either beholden for her Peace at " home to her Enemys abroad, or could never reft her head. My " LORDS, you that are Parents of a Commonwealth, and fo freer " Agents than fuch as are merely natural, have a care. For, as no man " fhall fhew me a Commonwealth born ftreight, that ever became " crooked; fo, no man fhall fhew me a Commonwealth born a-ooked, " that ever became ftreight. Rome was crooked in her birth, or ra- " ther prodigious. Her twins the Patricians and Plebeian Orders " came, as was fhewn by the foregoing ftory, into the World, one " body but two heads, or rather two bellys : for, notwithftanding " the Fable out of jE s o p, wherby Menenius Agrippa the " Orator that was fent from the Senat to the People at Mount Aven- " tin^ Ihew'd the Fathers to be the Belly, and the People to be the " Arms and the Legs (which except that, how flothful foever ic " might feem, they were nourifh'd, not thefe only, but the whole " Body muft languifh and be diftblv'd ) it is plain, that the Fathers " were a diftinft Belly ; fuch a one as took the meat indeed out of " the Peoples mouths, but abhorring the Agrarian, return'd it not *' in the due and neceiTary nutrition of a Commonwealth. Never- " thelefs, as the People that live about the Catarafts of Nilns are " faid not to hear the noife, fo neither the Roman Writers, nor " Macchiavel the moft converfant with them, feem among fo " many of the Tribanitian ftorms, to hear their natural voice : for " the they could not mifs of it fo far as to attribute them to the ftrife " of the People for participation in Magiftracy, or, in which M a c- '' CHiAVEL more particularly joins, to that about the Agrarian; " this was to take the bufinefs fhort, and the remedy for the difeafe. " A PEOPLE, when they are reduc'd to mifery and defpair, be- " com their own Politicians, as certain Beafts when they are fick be- " com their own Phyficians, and are carry'd by a natural inftinft to " the defire of fuch Herbs as are their proper cure ; but the People, " for the greater part, are beneath the Beafts in the ufe of them. " Thus the People of Rome, tho in their mifery they had recourfe " by inftinft, as it were, to the two main Fundamentals of a Com- *' monwealth, participation of Magiftracy, and the Agrarian, did '' but taft and fpit at them, not (which is neceltary in Phyfic) " drink down the potion, and in that their healths. For when they " had obtain'd participation of Magiftracy, it was but lamely, not to " a full and equal Rotation in all Eleftions ; nor did they greatly re- " gard it in what they had got. And when they had attain'd to the " Agrarian, they neglefted it fo far as to fufter the Law to grow ob- " folete: but if you do not take the due dofe of your xMedicins (as " there be flight rafts which a man may have of Philofophy that in- " cline to Atheifm) it may chance to be poifon, there being a like " taft of the PoliJrics that inclines to Confufion, as appears in the " Inftitution of the Roman Tribuns, by which Magiftracy and no " more, the People were fo far from attaining to Peace, that they in " getting butfo much, got but heads for an eternal feud ; wherasif '* they 151 152 OCEANA. '* tliey had attain'd in perfeaion either to the Agrarian, they had in- *' troduc'd the equality and calm of Lacedemon^ or to Rotation, and " they had introduc'd that of Venice : And fo tliere could have bin no ** more enmity between the Senat and the People of Rome^ than there " was between thofe Orders in Lacedemon^ or is now in Venice. Wher- " forp Macchiavel feems to me, in attributing the Peace of Ve- " nice more to her luck than her prudence, of the whole flablc to have *' faddled the wrong Horfe ; for tho Rome * in her military part could " beat it better, beyond all comparifon, upon the founding hoof, Venke " for the civil part has plainly had the wings of Pegafus. " THE whole Queftion then will com upon this point, Whether " the People of Rome could have obtain'd thefe Orders ? And firfl:, to " fay, that they could not have obtain'd them without altering the *' Commonwealth, isno Argument ; feeing neither could they, with- " out altering the Commonwealth, have obtain'd their Tribuns, which *' neverthelefs were obtain'd. And if a man confiders the pofture " that the People were in when they obtain'd their Tribuns, they *' might as well, and with as great eafe (forafmuch as the reafon why *' the Nobility yielded to the Tribuns was no other, than that there " was no remedy) have obtain'd any thing elfe. And for experience, " it was in the like cafe that the Lacedemonians did fet up their Efhors^ " and the Athenians after the battel of PUtex bow'd the Senat (_fo hard " a thing it is for a Commonwealth that was born crooked to becom " ftreight) as much the other way. Nor, if it be objefted, that this " muft have ruin'd the Nobility (and in that depriv'd the Common- " wealth of the Greatnefs which fhe acquir'd by them) is this opinion " holding ; but confuted by the fequel of the ftory, fhewing plainly, " that the Nobility thro the defe£l of fuch Orders, that is to fay, of ♦* Rotation and the Agrarian, came to eat up the People : and batten- *' ing themfelves in Luxury, to be, bsSalust fpeaks of them, -]■ a " mofi lluggijh and lazy Nobility^ in whom, beftdes the name, there was no « more than in ajlatue; and to bring fo mighty a Commonwealth, " and of fo huge a Glory, to fo deplorable an end. Wherfore means ^' might have bin found to remove the enmity that was between the " Senat and the People of Rome. "MY LORDS, If I have argu'd well, I have given you the com- " fort and aflurance, that notwithftanding the judgment of Mac- ^' c H 1 A V E L, your Commonwealth is both fafe and found : but if I " have not argu'd well, then take the comfort and alh.irance which he *' gives you while he is firm, That a Legiflator is to lay afide all other " examples, and follow that of Rome only, conniving and temporizing " with the enmity between the Senat and the People, as a neceffary " ftep to the Roman Greatnefs. Whence it follows, that your Com- " monwealth, at the worft, is that which he has given you his word *' isthebeft. '' I HAVE held your Lordfhips long, but upon an account of no " fmall importance, which I can now fum up in thefe few words : " Where there is a liquorifhnefs in a popular Aflembly to debate, ir *' precedes not from the Conftitution of the People, but of the Com- Qui nimbos & non imitabile fulmen "'Mtc, & cornipedum curfu fimularat equorum. t InerciiTimi nobiles, in quibus, ficuc in ftatua, prieter nomen nihil crac additamenti. " monwealth. Oceana. 153 ' monwealth. Now that your Commonwealth is of fuch a Confti- " tution as is naturally free from this kind of intemperance, is that " which to make good, I muft divide the remainder of my Difcourfe " into two Parts. *' T H E Firft, flie wing the feveral Conftitutions of the Aflem- " blys of the People in other Commonwealths, "THE Second, comparing our Affembly of the People witli " theirs; and fliewing how it excludes the Inconveniences, " and imbraces the Conveniences of them all. "IN the beginning of the firft Part I muft take notice, that among " the popular Errors of our days it is no fmall one, that men imagin the " antient Governments of this kind to have confifted for the moft part *' of one City, that is, of one Town; wheras by what we have learnt *' of my Lords that open'd them, it appears that there was not any " confiderable one of fuch a Confiitution but Carthage^ till this in our " days ofVemce. " F O R to begin with 7/r/te/, it confifted of the twelve Tribes, lo- '' cally fpread or quarter'd throout the whole Territory ; and thefe be- " ing call'd together by Trumpets, conftituted the Church or Affembly " of the People. The vaftnefs ot this weight, as alfo the flownefs " thence inavoidable, became a great caufe (as has bin fhewn at large " by my Lord Phosphorus) of the breaking that Commonwealth ; " notwithftanding that the Temple, and thofe religious Ceremonys " for which the People were at leaft annually oblig'd to repair thither, " were no fmall Ligament of the Tribes, otherwile but (lightly tack'd " together. "ATHENS confifted of four Tribes, taking in the whole People *' both of the City and of the Territory ; not fo gather'd by T h e- " SEus into one Town, as to exclude the Country, but to the end *' that there might be fom Capital of the Commonwealth : tho true it *' be, that the Congregation confifting of the Inhabitants within tlie *' Walls, was fuiRcient to all intents and purpofes, without thofe of *' the Country. Thefe alfo being exceding numerous, became bur- " denfom to themfelves, and dangerous to the Commonwealth ; the '' more for their ill education, as is obferv'd by Xenophon and " PoLYBius, who compare them to Mariners that in a calm are ' " perpetually difputing and fwaggering one with another, and never " lay their hands to the common tackling or fafety, till they be al! ia- " danger'd by fom ftorm. Which caus'd Thucydides, when he " faw this People thro the purchafe of their mifery becom fo much " wifer, as to reduce their Cow/V/.-t or AlTemblys to five thoufand, to " fay in his eighth Book; Anci norvj atleajlin my time^ the Athenians *' feem to have order'd their St Ate aright^ conftfting of a moderat temfer " both of the Few (by which he means the Senat of the Bean) and of the *' Many, or the five thoufand. And he dos not only give you his judg- " ment, but the beft proof of it ; for this, fays he, was the firjl thmg *' that^ after fo many misfortunes faft, made the City again to raife her *' head. The place I would defire your Lordfhips to note, as the firft *' example that I find, or think is to be found, of a popular AilembJy " by way of Reprefentative. X "LACE- 154 OCEANA. ** LACEDEMON confifted of thirty thoufand Citizens difpers'd " throout Laconia^ one of the greatelt Provinces in all Greece, and di- '' vided, as by fom Authors is probable, into fix Tribes. Of the " whole body of thefe, being gather'd, confilkd the great Church or " Affembly, which had the Legiflative Power ; the little Church, ga- " ther'd fomtimes for matters of concern within the City, confifled of " the Spartans only. Thefe happened, like tiiat of Venice, to be good '' Conftitutions of a Congregation, but from an ill caufe the infirmity " of a Commonwealth, which thro her paucity was Oligarchical. " WHERE ORE, go which way you will, it Ihould feem, " that without a Reprefentative of the People, your Commonwealth " confifting of a whole Nation, can never avoid falling either into " Oligarchy or Confufion. *' THIS was feen by the Romans, whofe ruftic Tribes extending " themfelves from the River ^r«o to the /^«/f«r»;^, that is, from Fe- '' fi/Le or Florence to Ciptm, invented a way of Reprefentative by Lots : " the Tribe upon which the firft fell, being the Prerogative; and fom *' two or three more that had the reft, the Jure 'uocata. Thefe gave " the Suffrage of the Commonwealth in * two meetings ; the Prero- " gative at the firft Aflembly, and the Jure ivcapx at a fecond. " NOW to make the parallel, all the Inconveniences that you have " obferv'd in thefe Aflemblys are fliut out, and all the Conveniences " taken into your Prerogative. For firft it is that for which Athens^ " fliaking off the blame of X e n o p h o n and P o l y b i u s, came *' to deferve the praile ofTHUcvDiDES, a Reprefentative. And, *' fecondly, not as I fufpeft in that of Athens, and is paft fufpicion in *' this of Rome, by lot, but by fuffrage, as was alfo the late Houfe of *' Commons, by which means in your Prerogatives all the .Tribes of '' Oceana are Jure vocatx ; and if a man fhall except againft the pau- " city of the ftanding 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 deceived if upon due " confideration it dos not fetch your Tribes, with greater equality and " ea(e to themfelves and to the Government, from the Frontiers of ** Marpejia, than Rome ever brought any one of hers out of her Pomteria^ " ortheneareft parts of her adjoining Territorys. To this you may " add, That wheras a Commonwealth, which in regard of the Peo- '' pie is not of facility in execution, were fure enough in this Nation to " be caft off thro impatience ; your Mufters and Galaxys are given to " the People, as milk to Babes, wherby when they are brought up *' thro four days eleftion in a whole year (one at the Parifli, one at the *' Hundred, and two at the Tribe) to their ftrongeft meat, it is of no *' harder digeftion, than to give their Negative or Affirmative as they " fee caufe. There be gallant men among us that laugh at fuch an *' Appeal or Umpire ; but I refer it whether you be more inclining to " pardon them or me, who I confefs have bin this day laughing at a " fober man, but without meaning him any harm, and that is P b- ** TRus CuN^us, where fpeaking of the nature of the People, he " fays, that taking them apart, they are very Jimpie, but yet in their Af- " femblys they fee and know fomthing : and fo runs away without trou- " bling himfelf with what that fomthing is. Wheras the People, ^ Einis Comitiis. *' taken OCEANA 155 " taken apait, are but fo many privat Interefts ; but if you take them « together, they are the public Intereft. The public Intereft of a « Commonwealth, as hasbinfliewn, is neareft that of mankind, and " that of mankind is right reafon ; but with Ariftocracy (whofeRea- " fon or Jntereft, when they are all together, as appearM by the Patri- « ciam, is but that of a Party) it is quite contrary ; for as, taken apart *' they are far wifer than the PeopJe confider'd in that manner • fo be- ** ing put together, they arefuch fools, who by depofing the People " as did thofe of Rome^ will faw off the branch wherupon they fit* " or rather deftroy the root of their own Greatnefs. Wherfore *' Macchiavel following Aristotle, and yet going before « him, may well aflert, * That the People are ivifir and more confimt in *' their Kefolutions than a Prince ; which is the Prerogative of popular " Government for Wifdom. And hence it is that the Prerogative of <* your Commonwealth, as for Wifdom fo for Power, is in the People: " which (tho I am not ignorant that the Roman Prerogative was fo « call'd a. Prarogando^ becaufe their Suffrage was firft ask'd) gives the • ** denomination to your Prerogative Tribe. THE Eleftions, whether Annual or Triennial, being fliewn by the twenty fecond, that which corns in the next place to be confider'd is THE twenty third ORDER, yZ^^P/^^ the Power, Funciton^ and 2?. Order. mMner of Proceding of the Prerogative Tribe. The conflitutu THE Power or Function of the Prerogative ts of two farts, the one of^JZmmr of Refalt,in which it is the Legtjlative Power ; the other of Judicature, in which Proceding of regard it is the highefi Courts and the UJl appeal in this Commonwealth. thePrmgative, FO R the former part (the People by this Conflitution being not obliged by any Law that is not of their own making or confirmation, by the refult of the Prerogative J their equal Reprefentative) it jhall not be lawful for the Senat to require obedience from the People, nor for the People to give obe- dience to the Senat in or by any haw that has not bin promulgated, or print- ed and publijjj^d for the /pace of fix weeks ; and afterwards propos'^d by the Authority of the Senat to the Prerogative Tribe, and refolv'^d by the major Vote of the fame in the Affirmative. Nor fhall the Senat have any power to levy War, Men, or Mony, otherwife than by the confent of the People fo given, or by a Law fo enabled, except in cafes of Exigence, in which it is agreed, that the Power both of the Senat and the People fijall be in the DiBator, fo qualify'' d, and for fuch a term of time, as is according to that Confittution already prefcriPd. While a Law is in promulgation, the Cen- fors jhall animadvert upon the Senat, and the Tribuns upon the People, that there be no laying of heads together, no Conventicles or canvafftng to carry on or oppofe 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 fame, the cogniz^ance of Crimes again fi the Majefiy of the People, fuch as High Treafon, as alfo of Peculat, that is, robbery of the Treafury, or defraudation of the Commonwealth, appertains to this Tribe. And if any Perfon or Perfons, Provincials or Citizens, fhall appeal to the People, it belongs to the Prerogative to judg and determin the cafe ; provided that if the Appeal be from any Court of Jufiice in this Nation or the Provinces * Che la mulcitudine e piu favia & pi" conftante che un Prencipe. X 2 the 156 OCEANA. the Jvpcllatit JJjall Jirft depoftt a hundred Pounds in the Court from which he appeals, to be forfeited to the fame, if he be cafi in his Suit by the Peo- ple. 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 thofe only from which there jhall Ij no Appeal to the People, THE Preceding of the Prerogative in cafe of a Propofition, is to be thus ordered. The Magijlrats, propofmg by Authority of the Senat, fljall rehearfe the whole matter, and expound it to the People : which don, they jhall put the whole together to the Suffrage, with three Boxes, the Negative, the Affirmative, and the Nonfincere : and the Suffrage be- ing returned to the Tribuns, and number'' d in the prefence of the Pro- pofers, if the major Vote be in the Nonfincere, the Propo/ers Jhall de- Jijly and the Sen at jhall refurne the Debate. If the major Vote be in the Negative, the Propojers jJjall defifl, and the Senat too. But if the major Vote be in the Affirmative, then the Tribe is clear, and the Propofers jhall begin and put the whole matter, with the Negative and the Affirm.xtive '(leaving out the Nonfincere) by Claufes ; and the Suffrages being taken and number'' d by the Tribuns in the prefence of the Propofers, jfjall be written and reported by the Tribuns to the Senat. And that which is propos''d by the Authority of the Senat, and confrnPd by the Command of the People^ is the Law of Oceana. THE Preceding of the Prerogative in a cafe of judicature is to be thus order'' d. The Tribuns being Auditors of all Catifes appertaining to the cog- nizance of the People, fjall have notice of the Suit or Trial, whether of Appeal or othetw'ije, that is to be commenc'd ; and if any one of them fljall accept of the fame, it appertains to him to introduce it. A Cauje being in- trodtic'd, and the People mufler'd or ajfembrd for the decijion of the Jamej the Tribuns are Pref dents of the Court, having power to keep it to Orders, and jhall be feated upon a Scaffold ereBed in the middle of the Tribe. Up- on the right hand jhall Jland a Seat, or large Pulpit affign^d to the Plaintiff or the Accufer ; and, upon the left, another for the Dejendent, each if they pleafe with his Council. And the Tribuns (being attended upon fuch occa- fions tvith fo many Ballotins, Secretary s. Doorkeepers, and Mejfengers of the Senat as jJjall be requifit) one of them fljall turn up a Glafs of the na- ture of an Hourglafs, but fuch a one as is to be of an hour and a halfs run- ning ; which being turned up, the Party or Council on the right hand may begin to fpeak to the People. If there be Papers to be read, or Witneffes to be examined, the Officer jjjall lay the Glafs fideways till the Papers be read, and the Witneffes examin d, and then turn it up again ; and jo long as the Glafs is running, the Party on the right hand has liberty to fpeak, and no longer. The Party on the right hand having had his time, the like fhall be don in every refpeii for the Party on the left. And the Caufe being thus heard, the Tribuns jhall put the queflion to the Tribe with a white, a blacky and a red Box (or Nonfincere) whether Guilty^ or ml Guilty. And if the Suffrage being taken, the major Vote be in the Nonfincere, the Caufe jhall be reheard upon the next juridical day following, and put to the quejlion in the fame manner. If the major Vote corns the fecond time in the Non- fincere, the Cauje jhall be heard again upon the third day : but at the third hearing the quejlion jJjall be put without the Nonfincere. Upon the firji of the three days in which the major Vote corns in the white Box, the Par- ty accus''d IS abjolv''d ; and upon the firjl of them in rrhich it corns in the black Box, the Party accus''d is condenr/Pd. The Party accused being con- demffdj the Tribuns (if the cafe be criminal) fhall put with the white and Hi the OCEANA. 157 the bUck Box thefe Qaefiions, or fuch of them^ as, regard had to the cafe^ they fljall conceive mofi proper. 1. WHE THE R he /ball have a Writ of eafe. 2. WHET HE R he jhall he fin'd fo much^ or fo much. 5. WHET HE R he JhaH be conffcated. 4. WHET HE R he (hall be rendered incapable of Magijlracy, 5. WHE THER he fjja/l be bamjh'd. 6. WHETHER he' [hd be put to death. ^ * THESE, or any three of thefe Queftions, whether fimfle or fuch as fhallhe thought fit I) mix'd, being put by the Tribuns, that which has mofi above half the Votes m the black Box is the Sentence of the People, which the Troop of the third Clajfts is to fee executed accordingly. BVT wheras by the Confiitution of this Commonwealth it may appear that neither the Propojitions of the Senat, nor the judicature of the PeO' pie, will be fo frec^uent as to hold the Prerogative in continual imploy- ment \ the Senat, a main fart of whofe Office it is to teach and inflruB the People, jhall duly {if they have no greater Affairs to divert them) caufe an Oration to be made to the Prerogative by fom Kjiight or Magi fir at of the Senat, to be chofen out of the ablefi men, and from time to time ap- pointed by the Orator of the Houfe, in the great Hall of the Pantheon, while the Par lament re fides in the Town ; or in fom Grove or fweet place in the field, while the Par lament for the heat of the year fljall refide in the Country ; ufon every Tuefday, morning or afternoon. AND the Orator appointed for the time to this Office, fhallfirfi repeat the Orders of the Commonwealth with all poffible brevity ; and then making choice of one or fom part of it, difcourfe therof to the People. An Ora- tion or Difcourfe of this nature, being afterward -perused by the Council of State, may as they fee caufe be printed and publijb^d. THE Archon's Comment upon the Order I find to have bin of this fenfe. My Lords, *' '"Jf^ O crave pardon for a word or two in farther explanation of " J_ what was read, I fliall briefly fliew how the Confiitution of " this Tribe or Aflembly anfwers to their Fundion ; and how their " Funftion, which is of two parts, the former in the Refult or Legi- *' flative Power, the latter in the fupreme Judicature of the Common- *' wealth, anfwers to their Confiitution. Macchiavel has a " Difcourfe, where he puts the queflion, Whether the guard of Liber- *' ty may with more fecurity be committed to the Nobtlity, or to the People, " Which doubt of his arifes thro the want of explaining his terms ; *' for the guard of Liberty can fignify nothing elfe but the Refultof the " Commonwealth : fo that to fay, that the guard of Liberty may be " committed to the Nobility, is to fay, that the Refult may be com- " mitted to the Senat, in which cafe the People fignify nothing. Now " to ilievv it was a miftake to afiirm it to have bin thus in Lacedemon, " fufficient has bin fpokcn ; and wheras he will have have it to be fo ** in 15' OCEANA. " in f^tnice alfo, ^Thej, fays C o n t a r i n i, in whom re fides the Su' *' weme Power of the whole Commonwealth, aad of the Laws^ and upon " whofe Orders depends the Authority as well of the Senat as of all the o- «■ ther Magiftrats, ts the GREAT COVNCIL. It is iiiftitutively " in the Great Council, by the judgment of all that know that Com- " monweakh ; tho for the Reafons fiievvn, it be fomtimes exercis'd *' by the Senat. Nor need I run over the Commonwealths in this '' place for the proof of a thing fo doubtlefs, and fuch as has " bin already made fo apparent, as that the Refult of each was ia " the popular part of it. The popular part of yours, or the Prero- " gative Tribe, confifts of feven Deputys (wherof three are of the " Horfe) annually elefted out of every Tribe of Oceana ; which be- " ing fifty, amounts to one hundred and fifty Horfe, and two hundred " Foot. And the Prerogative confifting of three of thefe Liils, con- " fifts of four hundred and fifty Horfe, and fix hundred Foot, befides " thofe of the Provinces to be hereafter mention'd ; by which means " the overbalance in the Suffrage remaining to the Foot by one hun- " dred and fifty Votes, you have to the fupport of a true and natural " Ariftocracy, the deepeft root of a Democracy that has bin ever " planted. Wherfore there is nothing in Art or Nature better qua- " lify M for the Refult than this Affembly. It is noted out of C i c e r o " by M A c c H I A V E L, That the People, tho they are not fo prone " to find out Truth of themfelves, as to follow Cuftom, or run into *' Error ; yet if they be fliewn Truth, they not only acknowlege and " imbrace it very fuddenly, but are the moft conftant and faithful " Guardians and Confervators of it. It is your Duty and Office, " wherto you are alfo qualify 'd by the Orders of this Commonwealth, " to have the People as you have your Hauks and Gre) hounds, in " Leafes and Slips, to range the Fields, and beat the Bufhes for them; *' for they are of a nature that is never good at this fp"irt, but when " you fpring or ftart their proper quarry. Think not that they will " Hand to ask you what it is, or lefs know it than your Hauks and " Greyhounds do theirs ; but prefently make fuch a flight or courfe, " that a Huntfman may as well undertake to run with his Dogs, or a " Falconer to t^y with his Hauk, as an Ariftocracy at this game to " compare with the People. The People of Rome were polfeli of no " lefs a prey than the Empire of the World, when the Nobility turn'd " tails, and perch'd among Daws upon the Tower of Monarchy. " For tho they did not all of them intend the thing, they would none '' of them indure the Remedy, which was the Agrarian. " BUT the Prerogative Tribe has not only the Refult, but is the " Supreme Judicature, and the ultimat Appeal in this Commonwealth. " For the popular Government that makes account to be of any " {landing, mufl: make fure in the firft place of the f Appeal to the " People. As an Eftate in truft becoms a man's own, if he be not *' anfwerable for it ; fo the Power of a Magiftracy not accountable to " the People, from whom it was receiv'd, becoming of orivat ufe,, " the Commonwealth lofes her Liberty. Wherfore the Right of Su- *Quello appreflb il quale e la fomma autorita di tutta la citta, edelleleggi &decreti, de i quah jende T autorita cofi del Senate come ancora di tutti i Magiftrati, e il Conuglio Grande. T Anteomnes de provocatione adverfus Magiftratus ad Fopulum, facrandcque cum bonis capice ejus, qui regni oceupandi confilia inii&t. >ti " preme OCEANA. *• preme JudicatUL-e in the People (without which there can be no *' fuch thing as populai* Government) is confirm'd by the conftant •' praGice of all Commonwealths ; as that of Ifrael in the cafes of " A c H A N, and of the Tribe of Benjamin, adjudg'd by the " Congregation. The Dicafierion or Court calPd the HeluU in Athens^ " which (the Comitia, of that Commonwealth confifting of the whole " People, and fo being too numerous to be a Judicatory) was confti- " tuted fomtimes of five hundred, at others of one thoufand, or, ac- *' cording to the greatnefs of thecaufe, of fifteen hundred, elefted by *' the Lot out of the whole Body ot the People, had with the nine " Archons that were Prefidents, the cognizance of fuch Caufes " as were of higheft importance in that State. The five Ephors in " Lacedemon^ which were popular Magiftrats, might queftion their " Kings, as appears by the cafes of P aus an ias, and of A g is, " who being upon his Trial in this Court, was cry'd to by his Mother " to appeal to the People, as Plutarch has it in his Life. The " Tribuns of the People of Rome (like, in the nature of their Magi- *' ftracy, and for fom time in number, to the Ephors, as being, ac- *' cording to Ha li ca rn asseus and Plutarch, initituted " in imitation of them) had power f to fummon any man, Lis Magi- " llracy at leaft being expir'd (for from the Diftator there lay no Ap- " peal) to anfwer for himfelf to the People. As in the cafe of C o r i- " o L A N u s, who was going about to force the People, by withhold- '' ing Corn from them in a Famin, to reUnquifh the Magiftracy of the " Tribuns ; in that ofSpURius Cassius for affeding Tyranny ; *' of Marcus Sergius for ranning away at Veil ; of C a i u s *' LucR ET lus for fpoilinghis Province ; of Junius Silanus *' for making War, without a command from the People, againft the *' Cimbri ; with divers others. And the Crimes of this nature were " cairdLnss. On the other *' fide, if a poor man ( as fuch a one may fave a City ) gives his " fweat to the Public, with what confcience can you fuffer his Family " in the mean time to ftarve r* But he that lays his hand to this Plow, *' fhaU not lofe by taking it off from his own: and a Commonwealth " that will mend this, fliall be penny wife. The Sr/ihedrim of Ifrael *' being the Supreme, and a conftant Court of Judicature, could not " chufe but be exceding gainful. The S2nac of the Bean in Athe/ts, *' becaufe it was but annual, was moderatly falariated ; but that of " the Areopagits being for Life, bountifully :,and what advantages *'■ th.^ SzmxoKS o^ Ltcedemon had, where there was little Mony or " ufe of it, were in Honors for life. The Patricinns having no profit, *' took all. Fenice being a Situation, where a man gos but to the " door for his Imployment, the Honor is great, and the Reward very " little : but in Holland a Counfillor of State his fifteen hundred Fk- " fnifh Pounds a Year, befides other Accommodations. The States " General have more. And that Commonwealth looks nearer her *' Penny than ours needs to do. ' fortunitinimiuin, boaa fi fui ndrinc, Agricok ! <«FOR 68 OCEAN A. " FOR the Revenue of this Nation, befides tliat of lier Induftry, " it amounts, as has bin fliewn, to ten Millions; and the Salaiysin " the whole com not to three hundred thoufand Pounds a Year. The *■' Beauty they will add to the Commonwealth will be exceding great, " and the People will delight in this Beauty of their Commonwealth ; " the Incouragement they will give to the ftudy of the Public being " very profitable, the Accommodation they will afford to your Magi- *' ftrats very honorable and eafy. And the Sum, when it or twice as " much was fpent in Hunting and Houfekeeping, was never any gric- " vance to the People. I am afham'd to ftand buckling upon this " Point ; it is fordid. Your Magiftrats are rather to be provided with " further Accommodations. For what if there fhould be Sicknefs ? ' '' whither will you have them to remove ? And this City in the " foundeft Times, for the heat of the Year, is no wholfom abode : " have a care of their Healths to whom you commit your own. I " would have the Senat and the People, except they fee caufe to the *' contrary, every firft of June to remove into the Country Air for " the fpace of three months. You are better fitted with Summer- *' houfes for them, than if you had built them to that purpofe. There *' is fom twelve miles diftantthe Conv allium upon the River Haicio' *' »/4, for the Tribuns and the Prerogative, a Palace capable of a *' thoufand Men : and twenty miles diliant you have Mount Celia, *' reverend as well for the Antiquity as State of a Caftle completely " capable of the Senat : the Propofers having Lodgings in the tonvd- " Hum, and the Tribuns in Celia,^ it holds the Correfpondency be- ** tween the Senat and the People exa£tly. And it is a fmall matter *' for the Propofers, being attended with the Coaches and Officers of *' State, befides other Conveniences of their own, to go a matter of *' five or ten miles ( thofe Seats are not much further diftant ) to " meet the People upon any Heath or Field that fhall b*e appointed : *' where, having difpatch'd their bufinefs, they may hunt their own " Venizon (for I would have the great wall'd Park upon the Hat- *' ciofiia to belong to the Signory, and thofe about the Convallium to *' the Tribuns) and fo go to fupper. Pray, my Lords, fee that they " do not pull down thefe Houfes to fell the Lead of them ; for when *' you have confider'd on't, they cannot be fpar'd. The Founders of *' the School in Hiera provided that the Boys fliould have a Summer " Seat. You fhould have as much care of thefe Magiftrats. But *' there is fuch a felling, fuch a Jewipi humor in our Republicans, that '* I cannot tell what to fay to it ; only this, any man that knows what *' belongs to a Comnjon wealth, or how diligent every Nation in that *' cafe has bin to preferve her Ornaments, and fhall fee the waft late- *' lymade ( the Woods adjoining to this City, which ferv'd for the *' delight and health of it, being cut down to be fold for three pence) *' will tell you, that they who did fuch things would never have made *' a Commonwealth. The like may be faid of the Ruin or Damage *' don upon our Cathedrals, Ornaments in which this Nation excels " all others. Nor fhall this ever be excus'd upon the fcore of Reli- " gion ; for tho it be true, that God dwells not in Houfes made with " hands, yet you cannot hold your AfTemblys but in fuch Houfes, and " thefe are of the beft that have bin made with hands. -Nor is it well " argu'd that they are pompous, and therfcre profane, or kls pioper " for Divine Service ; feeing the Chriftians in the Primitive Church \ " chofe OCEANA. 1 69 " chofe to meet with one accord in the Temple ; fo far were they from " any inclination to pull it down. THE Orders of this Commonwealth, fo far, or near fo far as they concern the Elders, together with the feveral Speeches at the Inflitu- tion, which may ferve for the better underftanding of them as fo ma- ny Commentaries, being llicwn ; I fliould now com fi-om the El- ders to the Youth, or from the Civil Conftitution of this Government to the Military, but that I judg this the fitteft place wherinto, by the way, to infert the Government of the City, tho for the prefent but perfunctorily. THE Metropolis or CaptalCity of Oceana is commonly cali'd Empo- The Govern^ rium, tho it confish of two Citys dlfiinB, as rvell in Name as in Govern- ™^"^°^ ^'"' ment^ wherof the other is ca/Pd Hiera : For which caufe I ffjall treat of each apart, beginning with Emporium. EMPORIUM with the Liber tys is under a twofold Di'vifion, the The cicy- one regarding the National, and the other the "Urban or City Government, wards. It is divided^ in regard of the National Government^ into three Tribes^ and in relpecl of the Urban into twenty fix, which for diflinSiion fake are call''d Ward'', being contained under the three Tribes but inequally : Wherfore the frjl Tribe containing ten Wards is called Scazon, the fecond containing eight Metoche, and the third containing as many^ Telicouta ; the bearing of which names in mind concerns the better under ft anding of the Government. E y E RT Ward has her Wardmote, Court, or Inquejl, conftHing wardmote, of all that are of the Clothing or Liver ys of Company s refiding within the fame. SVC H are of the Livery or Clothing as have attain' d to the dignity ^^eLiverys. to wear Gowns and particolored Hoods or Tippets, according to the Rules and antient Cufioms of their refpeciive Company. A CO MP ANT is a Brotherhood ofTradefmen prof effing the y^^?^' The Compa- Art, govern' d according to their Charter by a Majler and Wardens. 0/"^'^' thefe there be abdut fixty^ wherof twelve are of greater dignity than the rejl, that is 10 fay, the Mercers, Grocers, Drapers, FifJjmongers, Gold- fmiths. Skinners, Merchant-Taylors, Haberdajhers, Salters, Ironmon^ gers. Vintners, Clothworkers ; which, with moft of the refl, have common CommonHallsj Halls, divers of them being of antient and magnificent Structure, wherin they have frequent meetings at the Summons of their Maflers or War dens , for the managing and regulation of their refpeciive Trades and Myflerys. Thefe Companjs, as I jjjatl fhew, are the Roots of the whole Government of the City. For the Liverys that refide in the fame Ward, meeting at the Wardmote Inquefl (to which it belongs to take cognizance of all forts of Nufances, and violations of the Cufioms and Orders of the City, and to prefent them to the Court of Aldermen) have alfo power to make elecii- on of two forts of Magijlrats or Officers ; the frfl of Elders or Aldermen, of the Ward, the jecond of Deputys of the fame, otherwife caWd Com- mon Council men. THE Wards in thefe Eleclions, becaufe they do not elecl all at once,'^^^^'^'^'^''^^^^- but jom one year, and fom another, obferve the diflinclion of the three the"common Tribes ; for example, the Scazon confifHng of ten Wards, makes e- council men,. lection the firft Tear of ten Aldermen, one in each Ward, and of one hundred and fifty Deputys, fifteen in each Ward : all which are Triennial .[. Z Magifrats lyo OCEANA Mitgifirats or Officers, that is to fay, are to hear their dignitj for thf fpace of three Tears. THE fecond Tear, the Metoche, confifli/ig of eight Wards, elecf-: eight Aldermen, one in each Ward, and a hundred and twenty Deputy s, fij- teen in each Ward ; being alfo Triennial Magiflrats. T HE third Tear Telicouta, confifing of a like number of Wards, elects an equal number of like Magiflrats for a like term. So that the ivhole number of the Aldermen, according to that of the Wards, amounts to twenty fix ; and the whole number of the Deputy s, to three hundred and ninety. The Court of THE Aldermen thm elected have divers Capacitys : for, frjt, they Aldermen. ^^^ fufiices of the Peace for the term, and in confequence of their £- lection. Secondly, They are Prefidents of the Wardmote, and Governors each of that Ward wherby he was ele^ed. And lafl of all, thefe Magijlrats being ajfembled together, conjlitute the Sen at of the City, other wife called the Court of Aldermen : but no man is capable of this EleHion that is not vporth ten thoufand Pounds. This Court upon every new Election, makes choice of nine Cenfors out of their own number. The Common THE Deputy s in like manner being ajfembled together, conflitute the Council. Prerogative Tribe of the City, otherwife calPd 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 fame Wheel of annual, triennial, and perpetual Revolution. The Common BVT the Livery s, over and above the right of thefe EleUions by their ^^0 Divifions mention' d^ being ajfembled all together at the Guild of the City, conjlitute another AJfembly calPdthe Common Hall. TheEIeftion T H E Common Hall has the right of two other Elections ; the one of of the Lord the Lord Mayor, and the other of the two Sherifs, being annual Magi-* Mayer and fiynts. The Lord Mayor can be elected out of no other than one oj the twelve Companys of the frjl Ranks ; and the Common Hall agrees by the ■plurality oj SuJJrages upon two Names: which being prejented to the Lord Mayor Jor the time being, and the Court of Aldermen, they eleB one by their Scrutiny ; for fo they call it, tho it differs from that of the Com- monwealth. The Orator or AfJiftant to the Lord Mayor in holding of his Courts, is fom 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 regard- ing the Nation, and the other the City. In that which regards the City, he is Prefident of the Court of Aldermen, having power to affemble the fame, or any other Council of the City, as the Common Councilor Common Hall, at his will and pleafure : and in that which regards the Nation, he is Commander in Chief of the three Tribes wherinto the City is divided ; otK of which he is to bring up in Perfon at the National Mufler to the Bal- lot, /«•///> Vicecomites, or High Sherifs, are to do by the other two, each at their dijlin£i Pavilion, where the nine Aldermen, ete£ted Cenfors, are to officiat by three in each Tribe, according to the Rules and Orders already givento the Cenfors of the ruflic Tribes. And the Tribes of the City have no other than one common Phylarch, which is the Court of At- I dermen and the Common Council ; for which caufe they elect not at their Mufler the firjl Lijl calPd the Prime Magnitude. Som Conveni- THE Conveniences of this Alteration of the City Government, befides^ Alter 'i" n'"^ ^^^ ^^"^ "/ ^^ *° ^ conformity with that of the Nation, were many, wherof I Jhall mention but a Jew : As frjl, wheras men under the Jormer admi- .^ nijiratiorjf C E A N^A. iji mftration, tvhen the burden of fom of thefe Magifimcjs hy for life, were oftentimes choft:z not for their ftnefs, but rather unftnefs, or at leafi un- tviUingnefs to ui:dergo fuch A weight, wherby they were -put at great Rates to fine for their eafe ; a man might now take his /bare in M.ig(firac)i with that equity which is due to the Public , and. without any inconvenience to hk frivat A fairs. Secondlj, Wheras the City (inafrntich as the Acts of the Ariftocracj^ or Court of Aldermen, in their former way of proceding, were rather Impofitions than Propofitions) was frequently difquieted with the inevitable consequence of diforder in the power of Debate exercised hy the popular Fart, or Common Council ; the right of Debate being henceforth e[labli(b''d in the Court of Aldermen^ and that of Rejult in the Common Council, kilPd the branches of Divifion in the Root. Which for the pre- fent may fuffice to have bin /aid of the City of Emporium, T si AT of HiERA confists as to the National Government of two The Govern- Tribes, the fir ft calPd Agoraea, the fecond Propola : But as to the pecu-"'^'^^°^^'"''^ liar Policy, of twelve Manipuls, or Wards divided into three Cohorts, each Cohort containing four Wards ; wherof the Wards of thp prfl Cohort eleB for the firfi Tear four Burgeffes, one in each Ward ; the Wards of the fecond Cohort for the jecondyear four Burgef/es, one in each Ward ; and the Wards of the third Cohort for the third Tear four Burgejfes, one in each Ward; all triennial Magiflr at s : by which the twelve Burgefjes, making one Court for The Courc, the Government of this City, according to their Infiruciions by AB of Par- liament, fall Ukewife into an Annual, Triennial, and perpetual Revolution. THIS Court being thus conflituted, makes election of divers Magi-V^'^^^^^ fir at s ; As firfi of a High Steward,whn is commonly fom Perfon of Quality, and this Magiflr acy is elected in the Senat by the Scrutiny of this Court ; with him they chufe fom able Lawyer to be his Deputy, and to hold the Court ; and lafl of all they elect out of their own Number fix Cenfors. THE High Steward is Co?nmander in Chief of the two Tribes^ wher- of he in Perfon brings up the one at the National Mufier to the Ballot, and his Deputy the other at a difiin£i Pavilion ; the fix Cenfors chofen hy the Court, officiating by three in each Tribe at the Urns : and thtfe Tn'jes have no other PhyUrch but this Court. A S for the manner of Elections and Suffrage, both in Emporium and Hiera, it may be faid once for all, ti)at they are perform' d by the Ballot, and according to the refpective Rules already given. THERE be other Citys and Corporations throout the Territory, whoje Policy being much of this kind, would be tedious and not worth the labor to infert, nor dare I flay. Juvenum manus emicat ardens. I RETURN, according to the method of the Commonweakh, to the remaining part of her Orbs, which are Military and Provincial ; the Military, except the Strategus, and thePolemarchs or Field Offi- cers, confifting of the Youth only, and the Provincial confiding of a mixture both of the Elders and of the Youth. T O begin with the Youth, or the military Orbs, they are Circles . to which the Commonwealth muft have a care to keep clofe. A Man is a Spirit rais'd by the Magic of Nature ; if ilie dbs not ftand fafe, and fo that Hie m 'y fet him to fom good and ufelul work, he fpits fire, and blows up Caftles : for where there is life, there muft be motion or work ; and the work of idlenefs is mifchief, but the work of induftry is health. To fet Men to this, the Commonwealth muft begin betimes with them, or it will be too late : and the means wherby flie fets them Z 2 to 72 OCEANA to it, is E D U Ci\ T I O N^, the plaflic art of Government. But it is as frequent as fad inexperience ( whether thro negligence, or, which in the confcquence is all one or vvorfe, overfondnefs in the domcflic performance of this Duty) that innumerable Children com to o\v their utter Perdition to their own Parents ; in each of which the Com- monwealth lofes a Citizen. Wherfore the Laws of a Governmenr, how vvholfom foever in themfelves, are fuch as, if Men by a con- gruity in their Education be not bred to find a relini in them, they will be fure to loath and deteft. The Education therfore of ?. Man's own Children is not wholly to be commited or trufted to himfelf. You find in * L i v y the Children of B k. u t u s having bin bred under Monarchy, and us'd to a Court life, making faces at the Common- wealth of Rome : A Kjng (fay they) is a Man with rvhomjou maypre- 0)0.11 when you have need there jhoald be Law, or when you have need there jhould he no Law ; he has Favors in the right y and he frowns not in the wrong place ; he knows his Friends from his Enemy s. But Laws are deaf inexorable things, fuch as make no difference between a Gentleman and an ordinary fellow ; a Man can never be merry for them^ for to trujt altogether to his own innocence is a fad life. Unhappy wantons ! S c i p i o on the other fide, when he was but a Boy (about two or three and twenty) being informed that certain Patricians or Roman Gentlemen, thro a qualm upon the defeat which Hannibal had given them at Canna, were laying their heads together and contriving their Flight with the tranfportation of their Goods out of Rome^ drew his Sword, and fetting himfelf at the door of the Chamber 'where they were at Council, protefted, That who did not immediatly fwear not to defert the Commonwealth, he would make his Soul to defert his Body. Let Men argue as they pleafe for Monarchy, or againfl: a Commonwealth, the world fhall never fee any Man fo fottifli or wicked as in cool blood to prefer the Education of the Sons of Brutus before that of Sc I p I o ; and of this mould, except a Melius oraMANLius, was the whole youth of that Commonwealth, tho not ordinarily fo well caft. Now the health of a Government, and the education of the Youth being of the fame pulfe, no wonder if ii: has bin the conftant praftice of well order'd Commonwealths to commit the care and feeling of it to public Magifi;rats. A duty that was performed in fijch a man- ner by the Areopagits, as is elegantly prais'd by I s o c r a t e s. The Athenians, fays he, write not their Laws upon dead Walls, nor con- tent themfelves with having ordain' d Punijhments for Crimes, but pro- vide in fuch a way by the Education of their Touth , that there be no Crimes for Punijhment. He fpeaks of thofe Laws which regarded Manners, not of thofe Orders which concern'd the Adminiftration of the Com- monwealth, left you fliould think he contradifts Xenophon and PoLYEius. The Children of Lacedemon, at the feventh year of their age, were deliver'd to the Padonomi, or Schoolmafters, not mer- cenary, but Magiftrats of the Commonwealth, to which they were accountable for their charge : and by thefe at the age of fourteen they were prefented to other Magiftrats call'd the Beidixi, having the in- * Aflueci more regio vivere inter fe conquerebantur llegem hominera efTe ^ quo impetres ubi jus, ubi injuria opus fit ; elVe gratia; locum, effe beneficio ; & irafci & ignofcere poiTe; inter amicum & inimicum difcrimen noffe. Leges remfurdam, inexorabilem efle ; lalu- briorem, meliorenique inopi quam potenti ; nihil laxamcnti nee veni^ habere, fi modum ex- cefferis •, pcriculofum effe in tot humanis erroribus fola innocentia viverc.> Liv, 1. 2. \ . fpeftion OCEANA. 175 fpe^lion of the Games and Exercifes, among which that of the Pla- tamjla was famous, a kind of Figlit in Squadrons, but fomwiiat too fierce. Wiien they came to be of mihtary age, they were lifted of the Mora, and fo continu'd in readinefs for public Service under the Difci- plin of the Poiemarchs. But the Roman Education and Difciplin by the Centurys and Clafles is that to which the Commonwealth of Ocea»A has had a more particular regard in her three EiTays, being cer- tain degrees by which the Youtli commence as it were in Arms for Magiftracy, as appears by THE twenty fixth ORDER, inpiuting, Thut if a Parent has 25. Order! hat one Son, the Education of that one Son /hall be wholly at the difpofition of that Parent. But rvheras there be Free Schools erected and indow^d or to be erected and indorid in every Tribe of this Nation, to afufficient pro^ fortion for the Education of the Children of the fame (which Schools to the end there be no detriment or hindrance to the Scholars upon cafe of removing from one to another, are every of them to be govern'dby the fir i^ infpection of the Cenfors of the Tribes, both upon the Schoolmafters man- ner of Life and Teaching, and the proficiency of the Children, after the rules and method of that in Hiera) if a Parent has more Sons than one the Cenfors of the Tribes Jhall animadvert upon andpumfh him that fends . not his Sons within the ninth year of their age to fom one of the Schools of a Tribe, there to be kept and taught tf he be able at his own charges ; and if he he not able, gratis, till thej arrive at the age of fifteen years. And a Parent may dijpofe of his Sons at the fifteenth year of their age according to his choice or ability, whether it he to Service in the way of Apprentices to fom Trade or otherwife, or to further ftudy, as by fending them to the Ins of Court, of Chancery, or to one of the Vniver fitly s of this Nation. But he that takes not upon him one of the Profiejjions proper to fiom ofi thofie places, (hall not continue longer in any of them than till he has attain" d to the age of eighteen years ; and every Man having not at the age of eioh- teen years taken upon him, or addicted himfelf to the profiefjion of the Law, Theology, or Phyfiic, and being no Servant, jhall be capable of the EJfays of the Touth, and no other perjon ivhatfioever : except a Man, having taken upon him fuch a profiejjion, happens ta lay it by, ere he arrives at three or four and twenty years of age, and be admitted to this Capacity by the refpective Phy larch, being fattsfifd that he kept not out fio long with any ■ dtfiign to evade the Service of the Commonwealth ; but, that being no fooner At his own difpofal, it was no fooner in his choice to com in. And if any Touth or other Perfon of this Nation have a defire to travel into fioren Countrys upon occafiion of bufinefs, delight, or further improvement of his Education ; thcfiame fijall be lawful for him upon a Pafis obtain' d firom the Cenfors in Par lament, putting a convenient limit to the time, and recom* mending him to the Emhaffadors by whom he Jhall be affifiedj and to whom he jhall yield Honor and Obedience in their refipe olive Refidences. Every Touth at his return firom his Travel is to prefient the Cenfiors with a Paper of his own writing., containing the Inter eft of State or Form of Government of the Countrys, or fiom one of the Countrys where he has bin ; and ifi it he good, the Cenfiors jhall caufie it to be printed andpablijh'd, prefixing a Line in cOmmendxtion of the Author. EVE RT Wednefiday next infiuing the Uft ofi December, the whole Touth ofi every Parijh, that is to fay every Man (not excepted by thefiore- going part ofi the Order ) being firom eighteen years ofi age to thirty, jhaE repair 174 OCEANA. repaid at the found of the Bell to their refpeiiive Church, and being there ajfembPd in prefence of the Over/eers, who are to govern the Ballot, a»d the Conftable who is to officiat at the Vrn, (hall^ after the manner of the Elders^ eleci every fifth Man of their whole number (provided that they chufe not above one of two Brothers at one EleCiion^ nor above half if they he four or upward) to he a Stratiot or Deputy of the Touth ; and the Lift of the Stratiots fo elected being taken by the Overfeers, /ball be enter'' d m the Payijb Book, and diligently preferv'^d as a Record, ca/Pd thefrjr Effay. They whofe Eflates by the Law are able, or whofc Friends are willing to mount them, jjjnllbe of the Horfe, the refl are of the Foot. And he who has bin one year of this Lifi, is not capable of being reelected till after anO' ther year'^s interval. . E VE R T Wednefday next infuing the lafi of January, the Stratiots being mufier'^d at the Rendevouz. of their refpettive Hundred, fjall in the prefence of the Jurymen, who are Overfeers of that Ballot, and of the High Conjtable who is to officiat at. the Vrn, elect out of the Horfe of their Troop or Company one Captain, and one Enftgn or Cornet, to the command of the fame. And the 'Jurymen having enter'' d the Lift of the Hundred into a Record to he diligently kept at the Rendevouz of the fame ; the fir ft public Game of this Commonwealth jbaH begin and be performed in this manner. W her as there is to be at every Rendevouz, of a Hundred one Cannon ^ Culver in, or Saker ; the prize Arms being for£d by Jworn Armorers of . this Commonwealth, and for their proof, befdes their Beauty, vieiv'd and fry'' d at the Tower of Emporium, jbafl be exposed by the Jufiice of Peace Appertaining to that Hundred (the faid fuftice with the Jurymen being judges of the Game ) and the Judges fljall deliver to the Hoffman that gains the Prize at the Career ^ one fute of Arms being of the value of twen- ty Pounds ; to the Pikeman that gains the Prize at throwing the Bullet, one Jute of Arms of the value of ten Pounds ; to the Musketeer that gains the Prize at the Mark with his Musket, one fute of Arms of the value of ten Pounds ; and to tbe Cannoneer that gains the Prize at the mark with the Cannon, Culverin, or Saker, a Chain of Silver being of the value of ten Pounds ; provided, that no one man at the fame Mufier plays above one of tbe Prizes. Whofoever gains a Prize is hound to wear it (if it be his lot ) upon Service ; and no man fhall fell or give away any Armor thm won^ except he has lawfully attained to two or more of them at the Games. THE Games being ended, andthe Mufter difm'tft, the Captain of the Troop or Company [hall repair with a Copy of the Lift to the Lord Lieu- tenant of the Tribe, and the High Con ft able with a Duplicat of the fame to the Cuftos Rotulorum, or Muftermafier General, to be alfo commu- nicated to the Cenfors ; in each of which the Jurymen giving a note upon every name of an only Son, foall certify that the Lifi is without fubt erf uge or evafon : or, if it be not, an account of thofe upon whom the Evafion or Subterfuge lys^ to the end that the Phy larch or the Cenfors may animad- vert accordingly. AND every Wednefday next infuing the lajl of February, the Lord Lieutenant, Cuftos Rotulorum, the Cenfors, and the ConduBor, /ball receive the whole Mufter of the Touth of that Tribe at the Rendevouz of the fame, difiributing the Horfe and Foot with thetr Officers, according to the Directions given in the like cafe for the diflribution of tbe Elders ; ' and the whole Squadron being put by that means in Battalia, the fecond Game of this Commonwealth pjall begin by the exersife of the Touth in all tbe OCEANA. the pans of their militarj Difciplm accor^ng to the Orders of ParUmeni^ or direciion of the Council of War in that cafe. And, the hundred Pounds allow'' d by the Par lament for the Ornament of the Mufler in every Tribe ^ fljall be expended by the Phylarch upon fuch artificial Caflles^ Citadels^ or the like Devices^ as may make the befi and moft profitable fport for the Touth and their Spectators. Which being ended^ the Cenfors having pre- par''d the Vrns b) putting into the Horfe Vrn 220 Gold Balls, wherof ten are to be mark'd with the letter M, and other ten with the letter P ; into the Foot Vrn 700 Gold Balls^ v'herof 50 are to be mark'^d ivith the letter M, and i^o with the letter F : and after they have made the Gold Balls in each Urn, by the addition of Silver Balls to the fame, in number equal with the Horfe and Foot of the Stratiots, the Lord Lieutenant jhall call the Stratiots to the Vrns, tvhere they that draw the Silver Balls jhall return to their places, and they that draw the Gold Balls Jhall fall off to the Pavi- lion, where, for the /pace of one hour, they may chop and change their Balls according as one can agree with another, whofe Lot he likes better. But the hour being out, the Conductor feparating them whofe Gold Balls have no letter, from thofe whofe Balls are marked, Jhall caufe the Cryer to call the Alphabet, as frfi A ;. wherupon all they whofe Gold Balls are not marFd^ and whofe Jirnames begin with the letter A, Jhall repair to a Clerc appertain- ing to the Cuftos Rotulorum, who JJjall firjl take the names of that letter ; then thofe of B, and fo on, till all the names be alphabetically inroPd, And the Touth of this Lifi: being fx hundred Foot in a Tribe, that is, 30000 Foot in all the Tribes ; and two hundred Horfe in a Tribe ^ that is, loooo Horfe in all the Tribes, are the fecond Effay of the Stratiots, and the ft and. ing Army of this Commonwealth to be always ready upon command to march. They whoje Balls are marled with M, amounting, by 10 Horfe and 50 Foot in a 'Tribe, /- eft part of his Beauty be contain'd in their Proportion or Symmetry^, yet fhewn without Flefli, are a fpeftacle that is rather horrid than en- tertaining ; fo without Difcourfes are the Orders of a Commonwealth : which, if fhe gos forth in that manner, may complain of her Friends that they ftand mute, and flaring upon her. Wherfore this Order was thus flefh'd by the Lord A r c h o n. My Lords ; " 1 A lOGENES feeing a young Fellow drunk, told him that his *' X-^ Father was drunk when he begot him. For this in natural " Generation I muft confefs I fee no reafon ; but in the Political it is *' right. The Vices of the People are from their Governors ; thofe of " their Governors from their Laws or Orders; and thofe of their Laws " or Orders from their Legiflators. * Whatever was in the Womb " imperfeft, as to her proper work, coms very rarely, or never at all *' to perfeftion afterwards : and the formation of a Citizen in the *' Womb of the Commonwealth is his Education. " EDUCATION by the firft of the foregoing Orders is of fix *' kinds : At the School, in the Mechanics, at the Univerfitys, at the *' Ins of Court or Chancery, in Travels, and in military Difci- *' plin : fom of which I fliall but touch, and fom I fhall handle more *' at large. " THAT which is propos'd for the erefting and indowing o^Schoou; *' Schools throout the Tribes, capable of all the Children of the fame, " and able to give to the Poor the Education of theirs gratis, is only " matter of direction in cafe of very great Charity, as eafingthe needy" " of the charge of their Children from the ninth to the fifteenth year '' of their age, during which time their work cannot be profitable ; *' and reftoring them when they may be of ufe, furnilli'd with tools *' wherof there are advantages to be made in every work, feeing he *' that can read and ufe his Pen has fom convenience by it in the mean- " efl Vocation. And it cannot be conceiv'd, but that which coms, *' tho in fmall parcels, to the advantage of every man in his Vocati- *' on, muff amount to the advantage of every Vocation, and fo to that *' of the whole Commonwealth. Wherfore this is commended to the *' Charity of every wifehearted and welminded man, to be don in " time, and as God fhall ff ir him up or inable him ; there being fuch '' provifion already in the cafe, as may give us leave to precede with- *' out obflruftion. " PARENTS, under animadverfion of the Cenfors, are to dif- Mechanics in *' pofe of their Children at the fifteenth year of their age to fomthing ;^^'^''*'- *' but what, is left, according to their abilitys or inclination, at their " own choice. This, with the multitude, muff be to the Mechanics, " that is to fay, to Agriculture or Husbandry ; to Manufaftures, or ** to Merchandize. * Uc Diile pofttiflius initia, fic eacera fcquuntur. Ck, A a « AGRI. ,8 OCEANA. Hu bnndr . " AGRICULTURE is the Bread of the Nation ; we arc hung "^ "" ''^' ti upon it by the teeth ; it is a mighty Nurfery of Strength, the bcft " Army, and the moft affur'd Knapfac ; it is manag'd with tlie leaft " turbulent or ambitious, and the moft innocent hands of all other " Arts. Whertore I am of Aristotle's opinion, tjiat a Coni- " monwealth of Husbandmen, and fuch is ours, muft be the beft of " all others. Certainly, my Lords, you have no meafure of what *< ought to be, but what can be don for the incouragement of this " Profeflion. I could wifli I were Husband good enough to direft *' fomthing to this end ; but racking of Rents is a vile thing in the *' richer fort, an uncharitable one to the poorer, a perfect mark of " Slavery, and nips your Commonwealth in the faireft BIolTom. On *' the other fide, if there fliould be too much eafe given in this kind, " it would occafion Sloth, and fo deftroy Induftry, the principal " nerve of a Commonwealth. But if ought might be don to hold " the Balance even between thefe two, it would be a work in thi , Na- " tion equal to that for which F a b i u s was firnam'd M a x i m u s by " the Romans. AtamfaSms "IN Manufa£tures and Merchandize the Hollander has gotten the andMerchan- u ^^^^ ^f ^^ . (juj ^^ j-j^g ]ong run it will be found, that a People work- '^'' ** ing upon a foren Commodity dos but farm the Manufafture, and *' that it is really intaii'd upon them only, where the growth of it is *' native : as alfo that it is one thing to have the carriage of other mens ** Goods, and another for a man to bring his own to the beft market. " Wherfore (Nature having provit^ed incouragement for thefe Arts in " this Nation above all others, where, the People growing, they of " neceffity muft alfo increafe) it cannot but eftablifh them upon a far " more fure and ef^'eftual Foundation than that of the Hollanders. But " thefe Educations are in order to the firft things, or neceffitys of Na- *' ture ; as Husbandry to the Food, ManufaGure to the Clothing, and " Merchandize to the Purfe of the Commonwealtli. ** THERE be other things in Nature, which being fecond as to " their Order, for their Dignity and Value are firft, and fuch to which " the other are but Accommodations ; of this fort are fpecially thefe, ** Religion, Juftice, Courage, and Wifdom. pnlverfitys. "THE Education that anfwers to Religion in our Government is *' that of the Univerfitys. Moses the Divine Legiflator was not " only skilful in all the Learning of the Egyptians^ but took alfo into " the Fabric of his Commonwealth the Learning of the Midianites in *' theadviceof Jethro : and his Foundation of a Univerfity laid " in the Tabernacle, and finifh'd in the Temple, became that Pinade " from whence (according to many Jervijb and Chrifiian Authurs) *' all the Learning in the world has taken wing ; as the Ph.lofophy of *' the Stoics from the Pharifees ; that of the Epicureans from the Sad- *' duces ; and from the Learning of the Jews, fo often quoted by our Afls 17. 18. "Savior, and fulfil'd in Him, the Chrifiian Religion. Athens *' was the moft famous Univerfity in her days ; and iier Senators, that *' is to fay, the Jreopagits, were all Philofophers. Lacedemon, to " fpeak truth, tho (lie could write and read, was not very bookiHi. *' But he that difputes hence againft Univerfitys, difputes by the fame *' Argument againft Agriculture, Manufaflure, and Merchandize; " every one of thefe having bin equally forbid by L y-g u r g us, not *' for it felf (for if he had not bin learn'd in all the Learning of Crete^ 4. " and OCEANA. 179 * and well travel'd in the knowlege of other Governments, he had *' never made his Commonwealth) but for the diverfion which they " mull: have given his Citizens from their Arms, who, being but few, " if they had minded any thing elfe, muft have deferted the Com- " monwealtli. For Rome, fhe had ingenium far imferio, was as learned '' as great, and held her College of Augurs in much reverence. Ve- " nice has taken her Religion upon truft. Holland cannot attend it to *' be very ftudious. Nor dos Switzerland mind it much ; yet are they " all addided to their Univerfitys. We cut down Trees to build " Houfes ; but I would have fom body fhew me, by what reafon or " experience the cutting down of a Univerfity fliould tend to the fet- " ting up of a Commonwealth. Of this I am fure, that the perfefti- " on of a Commonwealth is not to be attain'd without the knowlege " of antient Prudence ; nor the knowlege of antient Prudence with- *' out Learning ; nor Learning without Schools of good Literature ; " and thefe are fuch as we call Univerfitys. Now tho mere Univerfity *' learning of it felf be that which (to fpeak the words of V e r u- " L A M I u s) crafty men contemn^ and fimfle men only admire^ yet is it " fuch as wife men have ufe of ; for Study s do not teach their own ufejbut that *' is a Wifdom without and above them, won by obfervation. Expert men " may execute, and perhaps judg of Particulars one by one ; but the gene' *' rat Counfils and the Plots, and the marjjja/ling of Jffairs, com befl " from thofe that are learned. Wherfore if you would have your Chil- " dren to be Statefmen, let them drink by all means of thefe Foun- *' tains, where perhaps there were never any. But what tho the Wa- " ter a man drinks be not nourifhraent ; it is the Vehicle without which ** he cannot be nourilh'd. Nor is Religion lefs concern'd in this point *' than Government ; for take away your Univerfitys, and in a few " years you lofe it. "THE Holy Scriptures are written in Hebrew and Greec : they " that have neither of thefe Languages may think light of both ; but *' find me a man that has one in perfeftion, the ftudy of whofe whole " Life it has not bin. Again, this is apparent to us in daily Conver- " fation, that if four or five Perfons that have liv'd together be talk- " ing, another fpeaking the fame Language may com in, and yet un- " derftand very little of their Difcourfe, in that it relates to Circum- " fiances, Perfons, Things, Times and Places, which he knows not. " It is no otherwife with a man, having no infight of the times in *' which they were written, and the Circumftances to which they re- *' late, in the reading of antient Books, whether they be divine or hu- *' man. For example, when we fall upon the Difcourfe about Bap- " tifm and Regeneration that was between our Savior and N i c o- ** D E M u s, where Christ reproaches him with his ignorance in " this matter : Art thou a Doiior in Ifrael, and underfiandefi not thefe *' things ? What fhall we think of it ? or wherfore fhould a Doftor in *' Ifrael have underftood thefe things more than another, but that both ** Baptifm and Regeneration, as was Ihew'd at large by my Lord " Phosphoru s, were Doftrins held in Ifrael ? I inft:ance in one place " of a hundred, which he, that has not mafter'd the Circumftances to " which they relate, cannot underftand. Wherfore to the underftand- " ing of the Scripture, it is neceflary to have antient Languages, and " the knowlege of antient times, or the aid of them who have fuch " knowlege : and to have fuch as may be always able and ready to A a 2 ** give i8o OCEANA. " give fuch aid ( unlefs you would borrow it of another Nation, " which would not only be bafe, but deceitful) it is necelTary to a " Commonwealth that fhe have Schools of good Literature, or Uni- " veifitys of her own. We are commanded, as has bin faid more " tiian once, to fearch the Scriptures ; and which of 'em fearch the " Scriptures, they that take this pains in antient Languages and Learn- " ing, or they that will not, but truft to Trandations only, and to •' words as they found to prefent Circumftances ? than which no- " thing is more fallible, or certain to lofe the true fenfe of Scriptures, *' pretended to be above human Underftanding, for no other caufe " than that they are below it. But in fearching the Scriptures by the *' proper ufe of our Univerfitys, we have bin heretofore bleft with *' greater ViGorys and Trophys againfl: the purple Hofts and golden " Standards of the Romijb Hierarchy, than any Nation ; and ther- " fore, why we fhould relinquifli this upon the prefumtion of fom, *' that becaufe there is a greater Light which they have, I do not know. " There is a greater Liglit than the Sun, but it dos not extinguifli the " Sun, nor dos any Light of Gods giving extinguifh that of Nature, " but increafe and fanQify it. Wherfore, neither the Honor born by *' the Ifraelitijh, Roman, or any other Commonwealth that I have " fhewn, to their Ecclefiaftics, confifted in being govern'd by them, " but in confulting them in matters of Religion ; upon whofeRefpon- *' fes or Oracles they did afterwards as they thought fit. Nor would " I be here miftaken, as if, by affirming the Univerfitys to be, in or- *' der both to Religion and Government, of abfolute neceflity, I de- " clar'd them or the Miniflry in any wife fit to be trufted, fo far as to " exercife any power not deriv'd from the Civil Magiflrat in the ad- " miniftration of either. If the 'Jewijh Religion were directed " and eftablifli'd by Moses, it M'as direfted and eftablifh'd by " the Civil Magiftrat; or if M o s e s exercis'd this Adminiftrati- " on as a Prophet, the fame Prophet did inveft with the fame Ad- " miniftration the Smhedrim, and not the Priefts ; and fo dos our " Commonwealth the Senat, and not the Clergy. They who had " the fupreme Adminiftration or Government of the National Religi- " on in Athens J were the firft A r c h o n, the Rex Sacrifcas, or High " Prieft, and a Polemarch ; which Magiftrats were ordain'd or elected " ^ by the holding up of hands in the Church, Congregation, or Co- *' mitU of the People. The Religion of Lacedemon was govern'd by " the Kings, who were alfo High Priefts, and officiated at the Sacri- *' fice ; thefe had power to fubftitute their Pjthilj EmbaiTadors, or " Nuncios, by which, not without concurrence of the Senat, tliey " held intelligence with the Oracle of Apollo at Delphos. And the " Ecclefiaftical part of the Commonwealth of Rome was govern'd by " the Pontifex Maxmia, the Rex Sacrifculus, and the Flamins, all or- *' dain'd or elefted by the People, the Pontifex by the -j- Tribes, the " King by the || Centurys, and the Flamins by the ]}|| Parifhes. I do " not mind you of thefe things, as if, for the matter, there were any " parallel to be drawn out of their Superftitions to our Religion ; but " to fliew that for the manner, antient Prudence is as well a rule in di- " vine as human things ; nay, and fuch a one as the Apoftles them- " felves, ordaining Elders by the holding up of hands in every Con- * Per ^i£fni/iuy. f Tribucis. 1| Ccnturifitis. |||| Curiatis Comitiis. ;j; ^' gregation, OCEANA. i8i " gregation, have exaftly followM : for fom of the Congregations " where they thus ordain'd Elders were t'lofe of J/itioch, Icotnum^ " Ljftra, Derbe^ the Countrys of Ljcaofiia, Pijidia^ Famphjlia, P^''g^-> " with Attdin. Now that thefe Citys and Countrys, when the Ro- " ntAns propagated their Empire into ^^//.t, were found moft of them " Commonwealths, and that many of the reft were indu'd with Hke " power, fo that the People living under the protection of the Roman " Emperors, continu'd to eleft their own Magiftrats, is fo known a *' thing, that I wonder whence it is that men, quite contrary to the *' univerfal proof of thefe examples, will have Ecclefiaftical Govern- " ment to be neceflarily diftinft from Civil Power, when the Right *' of the Elders ordain'd by the holding up of hands in every Congre- " gation to teach the People, was plainly deriv'd from the fame Civil " Power by which they ordainM the reft of their Magiftrats. And it " is not otherwife in our Commonwealth, where the Parochial Con- " gregation elefts or ordains its Paftor. To objeft the Common- " wealth of Venice in this place, were to fhew us that it has bin no " otherwife but where the Civil Power has loft the liberty of her " Confcience by imbracing Popery ; as alfo that to take away the " Liberty of Confcience in this Adminiftration from the Civil Power, " were a proceding which has no other precedent than fuch as is Po- " pifh. Wherfore your Religion is fettled after the following man- *' ner : the Univerfitys are the Seminarys of that part which is natio- *' nal, by which means others with all fafety may be permitted to follow *' the Liberty of their own Confciences, in regard that, however " they behave themfelves, the ignorance of the unlearned in this cafe *' cannot lofe your Religion nor difturb your Government, which o- " therwife it would moft certainly do ; and the Univerfitys with their " Emoluments, as alfo the Benefices of the whole Nation, are to be *' improv'd by fuch Augmentations as may make a very decent and " comfortable fubfiftence for the Miniftry, which is neither to be al- *' low'd Synods nor Affemblys, except upon the occafion fhewn in " the Univerfitys, when they are confulted by the Council of State, " and fuffer'd to meddle with Affairs of Religion, nor to be capable " of any other public Preferment whatfcever ; by which means the *' Intereft of the Learned can never com to corrupt your Religion, nor " difturb your Government, which otherwife it would moft certainly " do. Venice, tho fhe dos not fee, or cannot help the corruption of *' her Religion, is yet fo circumfpeft to avoid difturbance of her Go- " vernment in this kind, that her Council procedes not to eleftion of " Magiftrats, till it be proclaim'd, Fora Papalini, by which words " fuch as have confanguinity with red Hats, or relation to the Court " of Rome, are warn'd to withdraw. If a Minifter in Holland meddles " with matter of State, the Magiftrat fends him /t pair of Shoes ; *' wherupon, if he dos not go, he is driven away from his charge. " I wonder why Minifters, of all men, fliould be perpetually tamper- *' ing with Government ; firft becaufe they, as well as others, have it *' inexprefs charge to fubmit themfelves to the Ordinances of men; " and fecondly, becaufe thefe Ordinances of men muft go upon fuch *' political Principles, as they of all others, by any thing that can be " found in their Writings or Actions, leaft underftand : whence you " have the fuffrage of all Nations to this fenfe, that an ounce of Wif- *' dom is worth a pound of Clergy. Your greateft Clercs are not " your i82 OCEANA. *' your wifeft men : and when fom foul Abfurdity in State is com* " mitted, it is common with the French, and even the Italians^ to call *■' it Pas de Clerc, or, Goverm da Prete. They may bear with men ** that will be preaching without ftudy, while they will be govern- " ing without Prudence. My Lords, it" you know not how to rule " your Clergy, you will moft certainly, Jikea man that cannot rule " his Wife, have neither quiet at home, nor honor abroad. Their " honeft Vocation is to teach your Children at the Schools and the " Univerfitys, and the People in the Pariflies ; and yours is concern'd " to fee that they do not play the fhrews : of which parts dos con- " fift the Education of your Commonwealth, fo far as it regards Re- " ligion. The Ins of " T O J u s T I c E, or that part of it which Is commonly executive, cmt and a anfwers the Education of the Ins of Court and Chancery. Upon mcfrj. j^ which to philofophize requires a peculiar kind of Learning that I have " not. But they who take upon them any Profeflion proper to the E- " ducations mention'd, that is, Theology, Phyfic, or Lav^, are not " at leifure for the ElTays. Whcrfore the Eflays being Degrees wher- " by the Youth commence for all Magiflracys, Offices, and Honors in " the Parifh, Hundred, Tribe, Senat or Prerogative ; Divines, Phy- " ilcians, and Lawyers, not taking thefe Degrees, exclude themfelves " from all fuch Magiftracys, Offices, and Honors. And wheras " Lawyers are likeft to exaft further reafon for this, they (growing " up from the moft gainful Art at the Bar to thofe Magiftracys upon " the Bench, which are continually appropriated to themfelves, and '* not only indow'd with the greateft Revenues, but alfo held for " life) have the leaft reafon of all the reft to pretend to any other ; " efpecially in an equal Commonwealth, where Accumulation of Ma- *' giftracy, or to take a Perfon ingag'd by his Profit to the Laws, as " they ftand,into the Power which is Legiflative,and which fhould keep '' them to what they were, or ought to be, were a Solcecifm in Pru- " dence. It is true, that the Legiflative Power may have need of Ad- '' vice and Affiftance from the executive Magiftracy, or fuch as are " learn'd inthe Law ; for which caufe the Judges are, as they have here- " tofore bin, Affiftants in the Senat. Nor, however it came about, " can I fee any reafon why a Judg, being but an Affiftant or Lawyer, " fhould be Member of a Legiflative Council. " I DENY not, that the /^ow^« Patricians were all Patrons, and " that the whole People were Clients, fom to one Family, and fom to " another, by which means they had their Caufes pleaded and defend- " ed in fom appearance gratM ; for the Patron took no Mony, tho if " he had a Daughter to marry, his Clients were to pay her Portion : " nor was this fo great a grievance. But if the Client accus'd his " Patron, gave teftimony or fuffrage againft him, it was a crime of " fuch a nature, that any man raignt lawfully kill him as a Traitor ; *' and this, as being the nerve of the Optimacy, was a great caufe of " ruin to that Commonwealth : for when the People would carry " any thing that pleas'd not the Senat, the Senators were ill provided " if they could not intercede, that is, oppofe it by their Clients ; " with whom, to vote otherwife than they pleas'd, was the higheft *' Crime. The obfervation of this Bond till the time of the G r a c- " CHI, that is to fay, till it was too late, or to no purpofe to break ir, *' was the caufe, why in all the former heats and difputes that had :fi " happen'd OCEANA. 1S3 *' happen'd between the Senat and the People, it never came to blows, *' which indeed was good : but withal, the People could have no re- '' medy, which was certainly evil. WheiTore I am of opinion, that " a Senator ought not to be a Patron or Advocat, nor a Patron or Ad- " vocat to be a Senator : for if his Practice be gratis, it debauches the " People ; and if it be mercenary, it debauches himlelf : take it which " way you will, when he fhould be making of Laws, he will be " knitting of Nets. " LYCURGUS, as I faid, by being a Traveller became a Legi- " flator, but in times when Pi udence was another thing. Neverthe- " lefs we may not fhut out this part of Education in a Commonwealth *' wliich will be her felf a Traveller ; for thofe of this make have " feen the World, efpecially becaufe this is certain (tho it be not re- " garded in our times, when things being left to take their chance, it " tares with us accordingly) that no man can be a Politician, except he " be firfl: a Hiftorian or a Traveller ; for except he can fee what muft " be, or what may be, he is no Politician. Now if he has no know- " lege in Story, he cannot tell what has bin ; and if he has not bin a " Traveller, he cannot tell what is : but he that neither knows what *' has bin, nor what is, can never tell what muft be, or what may be. *' Furthermore, the EmbalTys in ordinary by our Conftitution are the " Prizes of young men, more efpecially fuch as have bin Travellers. " Wherfore they of thefe inclinations having leave of the Cenfors, " ow them an account of their time, and cannot chufe but lay it out " with fom ambition of Praife or Reward, where both are open : *' whence you will have eys abroad, and better choice of public Mini- *' fters ; your Gallants fliewing themfelves not more to the Ladys at " their Balls, than to your Commonwealth at her Academy, when " they return from their Travels. "BUT this Commonwealth being con ftituted more efpecially of " two Elements, Arms and Councils, drives by a natural inftinft at " Courage and Wifdom ; which he who has attain'd, is arriv'd at the " perfeftion of human nature. It is true, that thefe Virtues muft have " fom natural root in him that is capable of them ; but this amounts " not to fo great a matter as fom will have it. For if Poverty makes " an induftrious, a moderat Eltate a temperar, and a lavifli Fortune a " wanton man, and this be the common courfe of things ; Wifdom " then is rather of neceffity than inclination. And that an At3my " which was meditating upon flight, has bin brought by defpair to " win the Field, is fo far from being ftrange, that like caufes will e- " vermore produce like effeds. Wherfore this Commonwealth drives " her Citizens like Wedges ; there is no way with them but thorow, " nor end but that Glory wherof Man is capable by Art or Nature. " That the Genius of the Roman Familys commonly preferv'd it felf " throout the line (as to inftancein fom, the Man lii were ftill " levere, the P u e l i c o l « lovers, and the A p p 1 1 haters of the " People) is attributed byMACCHiAVEL to their Education : nor, " it Intereft might add to the reafon why the Genius of a Pxtriciatt *' was one thing, and that of z. Plebeian znoxhev, is the likefoappa- *' rent between different Nations, who, according to their different " Educations, have yet as different manners. It was anciently noted, " and longeonfirm'd by theaftionsofthe i'yfw/', that in their firftaf- " faults their Courage was more than that of Men; and for the reft Jefs' '^ thao" i84 OCEANA. " than that of Women: which neverthelefs, thro the amendment of *' their Difciplin, we fee now to be otherwife. I will not fay, " but that fom Man or Nation upon an equal improvement of this " kind may be hghter than fom other ; but certainly, Education is the *' fcale witliout which no Man or Nation can truly know his or " her own weight or value. By our Hiftorys we can tell when one " Marpejian would have beaten ten Oceaners, and when one Oceaner *' would have beaten ten Marpefians. Marc Anthony was a ** Roman J but how did that appear in the imbraces of Cleopatra? ** You muft have fom other Education for your Youth ; or they, like *' that paffage, will fhew better in Romance than true Story. ** T H E Cuftom of the Commonwealth of Rome in diftributing *' her Magiftracys without refpeft of age, happen'd to do well in " CoRViNUs and Scipio; for which caufe Macchiavel *' (with whom that which was don by Rome, and that which is well " don, is for the moft part all one) commends this courfe. Yet how " muchitdidworfe at other times, is obvious in Pompey and C;t- " sar; Examples by which Boccal in i illuftrats the Prudence of " Venice in her contrary practice, affirming it to have bin no fmall ftep " to the ruin of the Roman Liberty, that thefe (having tafl:ed in *' their Youth of the fupreme Honors) had no greater in their age to " hope for, but by perpetuating of the fame in themfelves ; which " came to Blood, and ended in Tyranny. The opinion of Veru- *' L A M I u s is fafe : The Errors, fays he, of young men are the ruin of ** hujinefs ; rvheras the Errors of old men amount but to this, that more *' might have bin don, orfooner. But tho their Wifdom be little, their t Courage is great : Wherfore (to com to the main Education of *' this Commonwealth) the Militia of Oceana is the Province of « Youth. "THE diftributionofthis Province by theEfTays is fo fully de- " fcrib'd in the Order, that I need repeat nothing : the Order itfelf " being but a Repetition or Copy of that Original, which in antient *' Prudence is of all others the faireft ; as that from whence the Com- *' monwealth of Rome more particularly deriv'd the Empire of the " World. And there is much more reafon in this age, when Govern- " ments are univerfally broken, or fwerv'd from their Foundations, " and the People groan under Tyranny, that the fame caufes (which " could not be withftood when the World was full of popular Go- " vernments) fhould have the like effects. "THE Caufes in the Commonwealth of Rome, wherof the Em- - *' pire of the World was not any miraculous, but a natural (nay I may *' fafely fay a neceffary) confequence, are contain'd in that part of her *' Difciplin which was domeftic, and in that which fheexercis'd in her *' Provinces or Conqueft. Of the latter I fhall have better occa- *' on to fpeak when we com to our provincial Orbs ; the former *' divided the whole People by Tribes, amounting, as L i v y and *' Cicero fliew, at their full growth to thirty five, and every " Tribe by the Cenfe or Valuation of Eftates into five ClaiTes : for the " fixth being Proletary, that is the Nurfery, or fuch as thro their po- *' verty contributed nothing to the Commonwealth but Children, was " notreckon'd, nor us'd in Arms. And this is the firft point of the *' Militia, in which modern Prudence is quite contrary to the antient ; " for wheras we, excufing the rich, and arming the poor, becom the 4. ♦' Vaflals OCEANA. i8f " Valtals of our Servants, they, by excufing the poor, and arming *' fuch as were rich enough to be Freemen, became Lords of the Earth. " The Mobihty and Gentry of this Nation, who underftand fo Jittle *' what it is to be Lords of the Earth, that they have nor bin able to *' keep their own Lands, will think it a ftrange Education for their " Children to be common Soldiers, and obiig'd to all the Dutys of *' Arms; neverthelefs it is not tor 4^, a week, but to be capable of " being the belt man in the Field or in the City ; the latter part of " which confideration makes the common Soldier herein a better man, " than the General of any monarchical Army. And wheras it may " be thought, that this would drink deep of noble Blood, I dare " boldly fay, take the Roman Nobility in the heat of their fierceft " Wars, and you fhall not find fuch a fhambles of them as has bin *' made of ours by mere Luxury and Slothfulnefs ; which, killing the *' Body, kill the Soul alfo ; Animafque in 'uulnere fonunt. Wheras " common Right is that which who ftands in the vindication of, has " us'd that Sword of Juftice for which he receives the Purple of " Magiftracy. The Glory of a man on Rarthcan go no higher, and " if he falls he rifes again, and corns fooner to that reward which is ^ *' fo much higher as Heaven is above the Earth. To return to the " il(?w4» Example : Every Claflis was divided, as has bin more than *' once fhewn, into Centurys, and every Century was equally divi- " ded into Youth and Elders ; the Youth for foren Service, and the *' Elders for the guard of the Territory. In the firft C laflis wei-e a- " bout eighteen Centurys of Horle, being thofe which by the Infti- " tution of S E R V I u s were firfl call'd to the Suffrage in the *Cen- " turial AfTemblys. But the Dek£lu4^ or Levy of an Army, which " is the prefent bufinefs, proceded, according to Po l y b i us, in this *' manner. " Upon a War decreed, the Confuls elefted four and twenty mi- *' litary Trihuns or Colonels ; wherof ten, being fuch as had merited " their tenth Stipend, were younger Officers. The Tribuns being *' chofen, the Confuls appointed a day to the Tribes, when thofe in " them of military age were to appear at the Capitol ; the day being " com, and the Youth affembl'd accordingly, the Confuls afcended *' their Tribunal, and the younger Tribuns were ftraight divided into *' four parts after this manner : four were aflign'd to the firft Legion *' (a Legion at the raofl: confifted of 6000 Foot, and ^00 Horfe) " three to the fecond, four to the third, and three to the fourth. The " younger Tribuns being thus diftributed, two of the elder wer6 *' aflign'd to the firft Legion, three to the fecond, two to the third, " and three to the fourth. And the Officers of each Legion thus af- *' fign'd, having drawn the Tribes by Lots, and being feated accord- " ing to their divifions at a convenient diflance from each other, *' the Tribe of the firft Lot was call'd : wherupon they that were of " it knowing the bufinefs, and being prepar'd, prefentiy bolted out four *' of their number, in the choice wherof fuch care was taken, that " they offer'd none that was not a Citizen ; no C itizen that was not " of the Youth ; no Youth that was not of fom one of the five " Claffes ; nor any one of the five ClaflTes that was not expert at his '•' Exercifes. Moreover, they us'd fuch diligence in matching them * Cenciiriatis. B b " for i86 OCEANA. " for Age and Stature, that the Officers of the Legions, except they " happened to be acquainted with the Youth fo bolted, were forc'd to " put themfelves upon fortune, while they of the firft Legion chofc *' one ; they of the fecond, the next ; tliey of the third another ; " and the fourth Youth fell to the laft Legion : and thus was the " Eleftion (the Legions and the Tribes varying according to their " Lots) carry'd on till the Foot were complete. The like courfe with " little alteration was taken by the Horfe Officers till the Horfe alfo " were complete. This was call'd giving of Names, which the Jtidg. 20. p. " Children of Ifraeldid alfo by Lot; and if any man refus'd to give " his Name, he was fold for a Slave, or hisEftateconfifcated tothe " Commonwealth. IVhef^ "^ Marcus Curius the Conful wai *' forced to make a, fudden Levy^ and none of the Touth would give in their *' Names^ all the Tribes being put to the Lot^ he commanded the frji *' Name drawn out of the Vrn of the Pollian Tribe (which happened to ** comfirji) to be calPd ; but the Touth not anjwering, he order''d his Goods *' to be fold: which was conformable to the Law in Tfrael^ according " to which Saul took a yoke of Oxen, and hew'd them in pieces, J Sam, II. 7. « and fent them throout the Tribes, faying, Whofoever corns not forth " to battel after Saul and S A m u E l, /o jhdl it be don to his Oxen, " By which you may obferve alfo, that they who had no Cattel " were not of the Militia in Ifrael. But the age of the Roman Youth " by the Tullian Law determin'd at ^o; and by the Law (tho it " fhould feem by Macchiavel and others, that this was nor ** well obferv'd) a Man could not ftandfor Magiftracy till he was " Miles emeritui^ or had fulfil'd the full term of his Militia, which " was complete in his tenth Stipend or Service : nor was he after- " wards oblig'd under any penalty to give his name, except the " Commonwealth were invaded, in which cafe the Elders were as " well oblig'd as the Youth, -f- The Conful might alfo levy Milites ** evocatoSj or Soldiers, commanded Men out of fuch as had ferv'd " their turn, and this at his difcretion. The Legions being thus com- ** plete, were divided by two to each Conful ; and in thefe no Man ** had right to ferve but a Roman Citizen : now becaufe two Le- *' gions made but a fmall Army, the Romans added to every one of *' their Armys an equal number of Foot, and a double number of " Horfe levy'd among their Latin or Italian AflTociats ; fo a Confular " Army, with the Legions and Auxiliarys, amounted to about thirty *' thoufand : and wheras they commonly levy'd two fuch Armys to- *' gether, thefe being join'd made about fixty thoufaftd. "THE Steps wherby our Militia follows the grearefl: Captain, •' are the three Eflays ; the firft, elefted by a fifth man in the |[ Pa- *' riflies, and amounting in the whole to one hundred thoufand, chufe *' their Officers at the ** Hundreds, where they fall alfo to their *' Games or Exercifes, invited by handfom Prizes, fuch as for them- ** felves and the honor of them will be coveted ; fuch as will render " the Hundred a place of Sports, and exercife of Arms all the year ** long ; fuch as in the fpace of ten years will equip 50000 Men * Marcus Curius Conful cum fubicum deleftum edicere coaftus elTec, & janiorum nemo re- ipondiffec, conjec'is in forcem omnibus, PolliiE quae proxima esierat, primum nomen urni ex- iraftumutari julTic, neque eo refpondente, bona adolelcentis hafta fubjecit. I'at. f Qii;d per magnos tumultus fieri Iblicum erat, jufticio indifto, deleftiis fine vacationibus habicuseft. Liv. Il Ciiriatis. *<" Ceumriatis. 4 " Horfe OCEANA, ' Horfe and Foot, with fuch Ai-ms for their Forge, Proof, and Beau- *' ty, as (notwithftanding the Jrgyrafpides, or filver Shields of *' Alexander's Guards ) were never worn by fo many ; fuch " as will prefent marks of Virtue and Direftion to your General or " Strategus in tlie diftribution of his Army, which doubles the va- *' lue of them to the Proprietors, who are bound to wear them, and *' eafes the Commonwealth of fomuch Charge, fo many being arm'd " already. " BUT here will be the Objeftion now. How fhall fuch a Revenue " be compas'd ? Fifty pounds a year in every Hundred is a great deal, " not fo eafily rais'd : Men will not part with their Mony ; nor would " the fum as it is proposed by the Order of Pompe, rife in many years. " Thefe are difEculties that fit our Genius exactly : And yet a thou- " fand pounds in each Hundred once levy'd,eftablin'jes the Revenue for " ever. Now the Hundreds one with another are worth ten thoufand " pounds a year dry Rent, over and above perfonal Eftates, which " bring it to twice the value : So that a twentieth part of one year's " Revenue of the Hundred dos it. If you cannot afford this while *' you pay Taxes, tho from henceforth they will be but fmall ones, do ** it when you pay none. If it be then too much for one year, do it " in two: If it be two much for two years, do it in four. What " Husbands have we hitherto bin ? What is becom of greater Sums ? *' My Lords, if you fhould thus caft your Bread upon the Waters, *' after many days you would find it : ftand not buckling when you " are offer'd Corn and your Mony again in the mouth of the Sack. " BUT to precede : The firft ElTay being officer'd at the Hundreds, " and mufter'd at the * Tribes ( where they are entertain'd with other " Sports, which will be very fine ones) precedes to the Eleftion of the " fecond EiTay, or ftanding Army of this Nation, confifting of thirty " thoufand Foot, and ten thoufand Horfe ; and thefe, upon a War " d^reed, being deliver'd at the Rendevous of Ocea/ta to the Stra- " tegus, are the third EiTay, which anfwers to the Roman Legions. " But you may obferve, that wheras the Confuls ele£ted the military " Tribuns, and rais'd commanded Men out of the Veterans at their " own difcretion ; our Polemarchs or Field Officers are elefted by the " Scrutiny of the Council of War : and our Veterans not otherwife " taken on than as Volunteers, and with the confent of the Pole- " marchs ; which may ferve for the removal of certain fcruples which " might otherwife be incident in this place, tho without incourage- " ment by the Roman way of proceding, much lefs by that which " is propos'd. But wheras the Roman Legions in all amounted not " in one Army to above 30000 Men, or little more, you have here " forty thoufand ; and wheras they added Auxiliarys, it is in this " regard that Marpefu will be a greater Revenue to you, than if you " had the Indjs; for wheras heretofore flie has yielded you nothing *' but her native Thiftles, in plowing out the ranknefs of her Ariflo- " cracy by your Agrarian, you will find her an inexhauftible Magazin " of Men, and to her own advantage, who will make a far better " account by the Arms, than by the Pins of Poland. Wherfore as a " Confular Army confifted of about an equal numberof Auxiliarys " added to their Legions by their Latin or Italian Alfociats, you may * Tributis. , , B b 2 !' add .88 . OCEANA. '^ add toaParlamentary Armyan equal number of Marpefiam or Pa- " nopeans, as that Colony fhall hereafter be able to fupply \'0U : By " which means the Commonwealth will be able to go forth to Battel " with fourfcore thoiifand Men. To make Wars with fmall Forces « is no Husbandry, but a waft, a difeafe, a lingring and painful con- " fumtion of Men and Mony ; the Romans making theirs tliick, made " them fhort, and had little regard to Mony, as that which they who " have Men enow, can command where it is fittefb that it fliould be " levy'd. All theantient Monarchys by this means got on wing, and " attain'd to va ft Riches. Wheras your modern Princes being dear " purchafers of fmall parcels, have but emty pockets. But it may *' be fom will accufe the Order of raflinefs, in that it commits the fole " Condufl: of the War to the General ; and the Cuiiom of Vemee by " her Proveditori, or checks upon her Commanders in chief, may *• feem to be of greater Prudence : but in this part of our Government « neither Felice nor any Nation that makes ufe of mercenary Forces *' is for our inftrudion. A mercenary Army, with a ft anding Gene- " ral, is like the fatal Sifter that fpins ; but proper Forces, with an " annual Magiftrat, are like her that cuts the thred. Their Intercfts «' are quite contrary, and yet you have a better Proved itor than the <' Vemtiatt^ another Strategus fitting with an Army ftanding by him ; " wherupon that which is marching, if there were any probability it " fhould, would find as little poftibility that it could recoil, as a *' foren Enemy to invade you. Thefe things confider'd, a War will " appear to be of a contrary nature to that of all other reckonings, " inafmuch as of this you muft never look to have a good account if *' you be ftrift in impofing checks. Let a Council of Huntfmen " afTembl'd beforehand, tell you which way the Stag fliall run, where " you fhall caft about at the fault, and how you fliall ride to be in at " the chafe all the day : but thefe may as well do that, as a Council '' of War direfl a General. The hours that have painted wings,*and " of different colors, are his Council : he muft be like the Ey that " makes not the Scene, but has it fo foon as it changes. That in many " Counfillors there is ftrength, is fpokcn of Civil Adminiftrations : " as to thofe that are military, there is nothing more certain, than " that in many Counfillors there is weaknefs. Joint Commiffions in " military aftairs, are like hunting your Hounds in their Couples: In " the Jttic War Cleomenes and Demaratus, Kings of " Lacedemon^ being thus coupl'd, tug'd one againft another; and *' while they fhould have join'd againft the Perjian, were the caufe " of the common calamity : wherupon that Commonwealth took *' better Counfil, and made a Law, wherby from thenceforth there *' went at once but one of her Kings to Battel. "THE Fidenati being in rebellion, and hciuing (lain the Colony of *' the Romans, four Tribuns rvith Confular Power were created by the Pea- *' fie of Rome, ir her of one being left for the guard of the City, the other " three were fent againft the Fidenati, who^ thro the divifion that happened " among them, brought nothing home but Di/honor : wherupon the Ro- " mans created the Dictator, and L i v y gives his Judgment in thefe *' words : % The three Tribuns with Confular Power were a lejfon how ufelefs * Tres Tribiini, pcteftate ConfuUri, documento tuere, quam pluriumiinptrium bdio inutile ctTef, tendendo ad lUa c^uilque conislia, cum alii aliud videreciir, aperuciMiic ad occajionem, locum hofti. * " in OCEANA. 189 " in War is the joint Command of fever al Generals ; for eachfoUomng " his own Counjils^ rvhile they all differ''d in their opinions^ gave by this " opportunity an advantage to the Enemy. When the Confuls Qu 1 n T i u s *' and A G R 1 p p A were fent againft the JE Qji i, A g r i p p A for this *' reafon refus''d to go with his Collegue^ f^y^^g-) ^ That in the admini- " Jlration of great Actions it was fnojl fafe that the chief Command '' jfjould he lodged in one Perfon. And if the Ruin of modern Armys " were well conJider''d, mojl of it would be found to have fain upon this *' point : it being in this cafe far fafer to truft to any one Man of common '' Prudence, than to any two or more together of the greatefl Parts. The ** Confuls indeed being equal in Power, while one was prefent with " the Senat, and the other in the Field with the Army, made a good *' Balance ; and this with us is exaftly follow'd by the Election of a " new Strategus upon the march of the old one. "THE feven and twentieth Order, wherby the Elders in cafe *' of Invafion are oblig'd to equal duty with the Youth, and each " upon their own charge, is futable to Reafon (for every Man de- ** fends his own Eftate ) and to our Copy, as in the War with the " Samnits and Tufcans. -f- The Senat ordered a Vacation to be proclairrPdy *' and a Levy to be made of all forts of Perfons : And not only the Free- *' men and Youths were lijled, but Cohorts of the old Men were likewife ** forni'd. This Nation of all others is the leaft obnoxious to Invafion. " Oceana, fays a Trench Politician, is a Beaft that cannot be devoured " but by her felf ; neverthelefs, that Government is not perfedl which *' is not provided at all points; and in this (^ad Triarios res rediit") *' the Elders being fuch as in a martial State muft be Veterans, the " Commonwealth invaded gathers ftrength like A n t a u s by her *' fall, while the whole number of the Elders confifting of five hun- *' dred thoufand, and the Youth of as many, being brought up ac- " cording to the Order, give twelve fucceflive Battels, each Battel " confifting of eighty thoufand Men, half Elders and half Youth. " And the Commonwealth whofe Conftitution can be no flranger to " any of thofe Virtues which are to be acquir'd in human life, grows " familiar with Death ere fhe dys. If the hand of God be upon her " for her Tranfgreflions, fhe fliall mourn for her Sins, and ly in the " duft for her Iniquitys, without lofing her Manhood, Si fr actus illabatur orbis, Impavidam ferient ruina. THE remaining part, being the Conftitution of the Provincial Orb, is partly Civil, or confifting of the Elders ; and partly Military, or confifting of the Youth. The Civil part of the provincial Orb is direfted by THE twenty eighth ORDER, wherby the Council of a Province 28. Order. being conftituted of twelve Kjtights, divided by four into three Regions ^tlfalTf "^ (for their term and revolution conformable to the Par lament) is perpetuated if the Prav'm- by the annual election at the Tropic of four Kjiights (being triennial"*^ ^'h * Saluberrimum in adminiftratione magnarum rerum, fummam imperii apud unum eflc. t Senatus jufticium indici, deleftum omnis generis hominumhaberijuffit: nee ingenui modo, & juniores Sacramento adafti funt, led fenioriim etiam cohortes faftjf. Magi- IQO OCEANA Ma^iflrats) out of the Region of the Semt rvhofe term expires; and of one Kjiight out of the fame Region to be Strategics or General of the Pro- 'vince xvhich Magifiracy is annual. The Strategics or Magiflrat thtu chofen JJja/l he as well Prefident of the Provincial Council with fower to ■propofe to the fame^ as General of the Army. The Council for the reji /ball elefl weekly Provo/ls^ having any two of them alfo right to propofe 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 correfpondence with the fame^ which is to be don after this manner : Any Opinion or Opinions legitimatly proposed and debated at a Provincial Council, being therupon fign''d by the Strategus^ or any two of the Provofts, may be tranfmitted to the Council of State in Oceana ; and the Council of State preceding upon the fame in their natural courfe (whether by their own Power , if it he a matter within their Inflruclions, or by Authority of the Senat therupon confulted, if it be a matter of State which is not in their JnfiruHions ; 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 ufe and fafety ) Jljall return fuch Anfwers, Advice, or Orders, as in any of the ways mention'' d jhall be de- termn'd upon the cafe. The Provincial Councils of Marpefia and Pa- nopea refpe6lively fh^ll take fpecial care that the Agrarian Laws, as alfo all other Laws that be or jhall from time to time be enabled by the Par lament of Oceana, for either of them, be duly put in execution : they Jhall ma- nage and receive the Cufioms of either Nat ion for the Shipping of Oceana, being the common Guard : theyfljall have a care that moderat and fufficient fay upon the refpeBive Province be duly rais''d for the fupport and mainte- fiance of the Officers and Soldiers, or Army of the fame, in the mofl ejfeBu- aly confiant and convenient way : they jhall receive the Regalia, or public Revenues of thofe Nations, out of which every CounfiHor jjjall haiie for his term, and to his proper ufe, the Sum of 500 1. per annum, and the iitrategus 500 1. as Prefident, bejides his Pay as General, which jhall be 1000 Pounds ; the remainder to go to the ufe of the Kjiights and De- futys of the refpeBive Provinces, to be paid, if it will reach, according to the rates of Oceana ; if not, by an equal dijlribution, refpeBivsly ; or the overplm, if there be any, to be returned to the Treafury of Oceana. They jhall manage the Lands (if there be any fuch 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 pojjefl of richer Provinces, the Pay of the General or Strategus, and of the Councils, may be refpeciively increas''d. The People for the refl (hall eleii their own Magijlrats, and be governed by their own Laws, having Power alfo to appeal from their native or provincial Magijlrats, if they pleafe, to the People of Oceana. Andwheras there may be fuch as receiving In- jury, are not able to profecute their Appeals at jo great a diflance, eight Serjeants at Law being jworn by the Commijjioners of the Seal, jhall be j'ent by four into each Province once in two years ; who, dividing the fame by Circuits, fljall hear fuch Caujes ; and having gat her''d and introduced them, fljall return to the fever al Appellants, gratis, the Determinations and De- crees of the People in their jeveral cafes. THE term of a Kj^ight in a Provincial Orb, as to domeflic Magi- firacy s, jhall be efleemed a Vacation, and no bar to prefent Election to any other Honor, his provincial Magiflracy being expiid. THE OCEANA, ipt The Quorum of a Provimkl Council^ as alfo of every other Coim', til or JJfemh/j in Oceana, jj}all in time of hedth confiH of tVDO parts in three of the whole number proper to that Council or JJfembly ; and in a,, time of ficknefs, of one part in three : But of the Senat there can be no Quo- rum without three of the Signory ; nor of a Council without two of the Provojls. 'V H E Civil part of the Provincial Orb being declared by the fore- going Order ; the Military part of the fame is conliituted by THE twenty ninth ORDER; wherb^ the Stratiots of the third 2c. order, Ejfay having drawn the Gold Balls marli'd with the Letter M, and being (^'"1^'^",^',^" »/" ten Hor/e and fifty Foot in a Tribe, that is to fay, five hundred Horje^^MfllTpn-. and two thoufand five hundred Foot in all, the Tribes /JmH be delivered by i''"""^ "i'*' the refpeBive Conductors to the provincial Strategus or General, at fuch a time and place y or Rendevous^ as he fij all appoint by Order and Certificat of his Election : and the Strategus having received the Horfe and Foot men-- tiered, which are the third Clajjis of his provincial Guard or Army^ fjall forthwith lead them away to Marpefia, where the Army confists of three ClaJfeSy each CUffis containing three thoufand men, wherof five hundred are Horfe ; and receiving the new Strategus with the third Claffis, the old Strategus with the fi.rfl Claffis jball be difmifi by the Provincial Council. The fame method with the Stratiots of the letter P, is to be obferv''d for the provincial Orb of Panopea : and the Commonwealth coming to acquire new Provinces, the Senat and the People may ereB new Orbs in like manner ^ conftfiing of greater or lefs numbers, according as is re<^uir''d by the re' fpeitive occafion. Jf a Stratiot has once fervid his term in a. Provincial Orb, and happens afterwards to draw the Letter of a Province at the Elec- tion of the jecond Ejfay ^ he may refufe his Lot ; and if he refufes it, the Cenjor of that Urn Jhall caufe the Files balloting at the fame to make ^ halt; andij the Stratiot produces the Certificat of his Strategus or Gene^ ral, that he has fervid his time accordingly, the Cenfor throwing the BaB. that he drew into the Vm again, and taking out a Blank ^ Jhall difinifs the Touth, and caufe the Ballot to procede. T O perfe£t the whole Strufture of this Commonwealth, fom Di- reftions are given to the third Effay, or Army marching, in THE thirtieth ORDER. When thou goeft to battel againfl: thy 3°- Order,; Enemys, and feeft Horfes and Chariots, and a People more than thou ; be not afraid of them, for the Lord thy God is he that gos with theeDwuc.20. i. to fight for thee againft thy Enemys, And when thou divideft the Spoil, it fhall be as a Statute and an Ordinance to thee, that as his1Sam.30.24, part is that gos down to the battel, fo fhall his part be that tarrys by the Stuff: that is, (as to the Commonwealth nen^^i'<:-29' ** that, when [he is fwerivng from her Principles^ jhould reduce her to " her Inftitution, jhe would he immortal. But a Commonwealth, as " we have demonftrated, fwerves not from her Principles, but by " and thro her Inftitution ; if Ihe brought no Biafs into the world '' with her, her courfe for any internal Caufe muft be ftreight for- " ward, as we fee is that of Venice. She cannot turn to the right " band, nor to the left, but by fom rub, which is not an internal but ** external caufe; againft fuch fhe can be no way fortityM, but *' thro her Situation, as is Venice ; or thro her Militia, as was Rome : " by which Examples a Commonwealth may be fecureof thofe alfo. *' Think me not vain, for I cannot conceal my opinion here ; a Com- ** mon wealth that is rightly inftituted can never fwerve, nor one that *' is not rightly inftituted be fecur'd from fwerving by reduftion to her *' fii ft Principles : Wherfore it is no lefs apparent in this place, that " Macchiavel underftood not a Commonwealth as to the vhole '* piece, than where having told you. That a Tribun^ or am other Ci- Difc.B.t.c.i». " fizen of Rome, might propofe a Law to the People^ and debate it with Co " them ; '94 OCEANA. them ; he adds, this Order was good, while the People were good; hut ** when the People became evil, it became niojl perniciows. As if thisOr- " der (tliro which, with the like, the People moft apparently became *' evil) could ever have bin good ; or that the People, or the Common- *' wcakhcouldeverhavcbecom good, by being reducM to fnch Princi- " pics as were the Original of their Evil. The Difeafe of Rome was, " as has bin (hewn, from the native inequality of her Balance, and no *' othervvife from the Empire of the World, than as, this falling into " one Scale, that of the Nobility ( an evil in fuch a Fabric inevitable ) " kick'd otic the People. Wherfoie a Man that could have made her " to throw away the Empire of the World, might in that have re- " ducM her to her Principles ; and yet have bin fo far from rendring " her immortal, that going no fujther, he fhould never have cur'd ** her. But your Commonwealth is founded upon an equal Agrari- " an ; and if the Earth he given to the Sons of men, this Balance is the " Balance of Juftice, fuch a one as in having due regard to the diffe- *• rent Induftry of different men, yet faithfully judges the Poor. And ?fov,25i. 14. « the K^ingthat faithfully judges the Poor, his Throne jbail be ejtabliflj'd " for ever ; much more the Commonwealth, feeing that equality " which is the necelTliry diOblution of Monarchy, is the Generation, " the very Life and Soul of a Commonwealth. And now, if ever, *' Imay beexcufable, feeing my aiTertion, that the Throne of a Com- *' monweakh may be eftablifh'd for ever, is confonant to the holy "' Scriptures. " THE Balance of a Commonwealth that is equal, is of fuch a " nature, that whatever falls into her Empire, mull fall equally ; and " if the whole Earth falls into your Scales, it muft fall equally ; and " fo you may be a greater People, and yet not fwerve from your Prin- " ciples one hair. Nay, you will be fo far from that, that you mufl: " bring the world in fuch a cafe to your Balance, even to the Balance " of jurtice. r>ut hearken, my Lords ; are we on Earth ? do we fee ** the Sun ? or are we vifiting thofe fhady places which are feign'd by ** the Poets ? Contiituo audit^e voces, vagitm & ingens. " Thefe Gothic Empires that are yet in the world, were at the firft, *' tho they had legs of their own, but a heavy and unweildy burden ; *' but their Foundations being now broken, the Iron of them enters *' even into the Souls of the Opprefl: ; and hear the voice of their Com- " fortcrs : My father hath chajlis''d you with fVhips, but I willchajlife '•' you with Scorpions. Hearken, I fay ; if thy Brother crys to thee in *' affliftion, wilt thou not hear him? This is a Commonwealth of the ** Fabric, that has an open ear and a public concern ; fhe is not made ^' for her felf only, but given as a Magiftrat of God to Mankind, for *' the vindication of common Right, and the Law of Nature. Wher- " fore fays C i c e r o of the like, that of the Romans, * We have ra- '' ther undertaken the Patronage, than the Empire of the World. If you, " not regarding this Example, like fom other Nations that are upon " the point to fmart for it, fhall, having attain'd to your own Liberty, " bear the Sword of your common Magiftracy in vain, fit ftill, and * >rosmag!S Patronacumotbis terrarumfufcepimus, qaamimpcriutn. « fol4 OCEANA. 195 " fold your Arms, oi', which is worfe, let out the Blood of your Peo- " pie to Tyrants, to be rhad in the defence of their Yokes like Water, . " and fo not only turn the Graos of God. into wmtonnefsy but his Jujlice ** iftto JVormtvood : I fiy i f you do thus.you are not now making a Com- " mon wealth, hat hexping cods of fire upon your own heads. A Com- " monwealrh ofthis make is a Minifter of God upon Earth, to the end " that the World may 'o^goveni'd with Righteoufnefs. For which caufe " (that I may'com at length to our prefent bufmefs) the Orders lall " rehears'd are buds of Emnire, fuch as with the blefling of God may " fpread the Arms of your Commonwealth, like a holy Afylam^ to the " diftrefs'd World, and give rhe Earth her Sabbath of years, or reft " from her Labors, under the fliadow of your Wings. It is upon diis " point where the Writings of Macchiavel, having for the " reft excel'd all other Authors, com as far to excel themfelves. " COMMONWE ALTHS, fays he, have had three rvajs of fro- Difc. B.2.C.4. " fagatiiig themfelves, one after the manner of Monarchys, hy impo- " fi'^K '^•'^ Tuke^ which was the way of Athens, and towards the latter " times of Lacedemon ; another by equal Leagues^ which is the way of " Sw itzerland ; (I lliall add of Holland.^ tho iince his time) a third by " inequal Leagues^ which., to the jhame of the World^ was never prac- " mV, nay nor fo much as feen or minded, by any other Common- " wealth but that only of '^oms. They will each of them, either for " caution or imitation, be worthy to be well weighed, which is the " proper work of this place. Athens and Lacedemon have bin the " occafion of great fcandal to the world, in two, or at leaft one " of two regards : the firft their Emulation, which involv'd Greece " in perpetual Wars ; the fecond their way of Propagation, which by " impofing Yokes upon others, was plainly contradictory to their own " Principles. "FOR the firft : Governments, be they of what kind foever, if " they be planted too clofe, are like Trees, that impatient in their " growth to have it hinder'd, eat out one another. It was not un- " known to thefe in fpeculation, or, if you read the ftory of Age- " SI LA us, in a£lion, that either of them with thirty thoufand m"ba " might have mafter'd the Eaft ; and certainly, if the one had not " flood in the others light, Alexander had com too late to that " end, which was the means (and vi^ould be if they were to live a- " gain) of ruin, at leaft to one of them: wherfore with any man " that underftands the nature of Government this is excufable. So it " was between Oceana and Marpefia ; fo it is between France and " Spain., tho lefs excufable ; and fo it ever will be in the like cafes. But " to com to the fecond occafion of Scandal by them given, which was " in the way of their propagation, it is not excufable : for they " brought their Confederats under bondage ; by which means Athens " gave occafion of the Peloponnejian War, the wound of which flie " dy'd ftinking, when Lacedemon, taking the fame Infe£lion from " her Carcafe, foon follow'd. " WHERFORE, my Lords, let thefe be warnings to you, not " to make that Liberty which God has given you a fnare to others, in " pradtifing this kind of inlargement of your felves. "THE fecond way of Propagation or Inlargement usM by Com- " monwealths, is that of Switzerland and Holland, equal Leagues ; " This, tho it be not otherwife mifchievous, is ufelefs to the World, Cc 2 "and 196 OCEANA. " and dangerous to themfelves : ufclefs to the World ; for as the for- " mer Governments were Storks, thefe are Blocks, have no ienle of *' Honor, or concern in the Sufferings of others. But as the AitoUans, " a State of the like Fabric, were reproach'd by Philip of JVhce- *' doa, to proftitute themfelves, by letting out their Arms to the Lufts " of others, while they leave their ovi'n Liberty barren, and without *' legitimat iffue ; fo I do not defame thefe People : the Srvitzer for *' Valor has no Superior, the Hollander for Indultry do equal ; but *' themfelves in the mean time fhall fo much the lefs excufe their Go- *' vernments, feeing that to the Srvitz. it is well enough knou'n that the *' Enfigns of his Commonwealth have no other Motto than m te con- *' njerte manus : and that of the Hollander, tho he fweats more Gold *' than the Spaniard digs, lets him languifh in debt ; for flie her felf *' lives upon charity. Thefe are dangerous to themfelves, precarious *' Governments, fuch as do not command, but beg their Biead from *' Province to Province, in Coats that being patch'd up of all colors *' are in efFeft of none. That their Cantons and Provinces are fo *' many Arrows, is good ; but they are fo many Bows too, which is *' naught. " L I K E to thefe was the Commonwealth of the antient Tufcans, " hung together like Bobbins, without a hand to weave with them ; *' therfore eafily overcom by the Rowans, tho at that time, for number, " a far lefs confiderable People. If your Liberty be not a Root that ** grows, it will be a Branch that withers ; which confideration brings ** me to the Paragon, the Cbmmonwealth of Rome. *' THE ways and means wherby the Row4«.f acquir'd the Patro- . " nage, and in that the Empire- of the World, were different, ac- *' cording to the different condition of their Commonwealth in her rife, ** and in ner growth : in her rife fhe proceded rather by Colonys ; in *' her growth by inequal Leagues. Colonys without the bounds of ** Jtalj fhe planted none (fuch difperfion of the Roman Citizen as to *' plant him in foren parts, till the contrary Intereft of the Emperors *' brought in that Praftice, was unlawful) nor did fhe ever demolifh " any City within that compafs, or deveft it of Liberty ; but wheras *' the moft of them were Commonwealths, ftir'd up by emulation of *' her great felicity to war againft her> if fhe overcame any, fhe con- *' fifcated fom part of their Lands that were the greateft Incendiarys, *' or caufes of the Trouble, upon which fhe planted Colonys of her " own People, preferving the reft of their Lands and Libertys for *' the Natives or Inhabitants. By this way of proceding, that t " may be as brief as poflible, fhe did many and great things. For *' in confirming of Liberty, flie propagated her Empire ; in holding " the Inhabitants from Rebellion, flie put a curb upon the incurfion of *' Enemys ; in exonerating her felf of the poorer fort, fhe multiply'd " her Citizens ; in rewarding her Veterans, fhe render'd the reft lefs *' feditious ; and in acquiring to her felf the reverence of a common *' Parent, fhe 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 firft divifion were of two kinds, *' Social and Provincial. " AGAIN, Social Leagues, or Leagues of Society, were of two ^' kinds. -J. '<• THE C IE A N A "THE firft cali'd Latinitj or Latin, thefecond italim Right. "THE League between the Romans and the Latins, or Latin " Right, approach'd neareft to J/^ Quiritium, or the Riglit of a na- " tive Roman. The Man or the City that was honor'd with this " Right, was Civitate donattis cum fufragio,adopted a Citizen oi Rome, " with the right of giving Suffrage with the People in Ibm cafes, as " thofe of Confirmation of Law, or Determination in Judicature, if " both the Confuls were agreed, not otherwife ; wherfore that com- " ing to little, the greatelt and moft peculiar part of this Privilege " was, that who had born Magiftracy (at leaft that of jEdtl or <$«^- " for J in any Latin City, was by confequence of the fame, a Citizen " of Rome at all points. " ITALIAN R/gh was alfo a donation of the City, but with- " out Suffrage : they who were in either of thefe Leagues, were go- " vern'd by their own Laws and Magiftrats, having all the Rights, as " to Liberty, of Citizens of Rome, yielding and paying to the Com- " monwealth as head of the League, and having in the conduft of all '* Affairs appertaining to the common Caufe, fuch aid of Men and *' Mony as was particularly agreed to upon the merit of the Caufe, and " fpecify'd in their refpeftive Leagues, whence fuch Leagues came to *' be cali'd equal or inequal accordingly. " PROVINCIAL Leagues w&re of different extenfion, accord- " ing 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 Ma- " giltrats, as a Praetor or a Pioconful, according to the dignity of the " Province, for the Civil Adminiftration and Conduct of the Provin- " cial Army ; and a Qugsftor for the gathering of the public Revenuei, " from which Magiftrats a Province might appeal to Rome. "FOR the better underftanding of thefe Particulars, Ifliallexem- *' plify in as many of them as is needful : and firft in Macedon. ''THE Macedonians were thrice conquer'd by the Romans, firfl: un- " der the Conduft ot Titus Qu intus Flaminius; fecond- " ly, under that of Lucius .£m ilius Paulus; and, thirdly^ •' underthatofQuiNTUs Cjt ciLius Met ELLUs, thencecali'd " Macedonicus. "FOR the firft time Philip of Macedon, who (poffefl of Acr(y. " corinthui) boafted no lels than was true, that he had Greece in fetters, " being overcom by Flaminius, had his Kingdom reflor'd to him, " upon condition that he fhould immediatly fet all the Citys which he *' held in Greece and in Afu at liberty ; and that he fhould not make *' war out of Macedon, but by leave of the Senat of Rome; which " Philip (having no other way to fave any thing) agreed fhould be " don accordingly. " THE Grecians being at this time affembl'd at the IJlhmian Gamesj " where the Concourfe 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 fo hopelefs a " thing, gave little credit, till they receiv'd fuch tcftimony of the " truth as put it palf all doubt : wherupon they fell immediatly on run- " ning to the Procoiiful with Flowers and Garlands, and fuch violent " expreflions of their Admiration and Joy, as, if Flaminius, a *' young man, about thirty three, had not alfo bin very fti ong, he '* mufl: have dy'd of no other death than their kindnefs, while every " one 197 198 OCEANA. " one ftriving to touch his liand, they bore him up and down the field " with an unruly throng, full of fuch Ejaculations as thefe: 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 thefe, whofe bufi- *' nels it is to pafs the Seas, that the World may be govern'd with " Righteoufnefs ? The City s of Greece and of JJia fhake off their Iron " Fetters at the voice of a Cryer ! Was it madnefs to imagin fuch a " thing, and is it don ? O Virtue ! O Felicity ! O Fame ! "IN this Example your Lordfliips have a donation of Liberty, or " of Italian Right to a People, by refiitution to what they had for- " merly injoy'd ; and fom particular Men, Familys, or Citys, accor- " ding to their merit of the i^tf»z^/?j, if not upon this, yet upon the fike " occafions, were gratit'y'd with Latinity. " BUT Ph I L I p's fliare by this means did not pleafe him, wher- " fore the League was broken by his Son Perseus; and the Mace- *' donians therupon for the fecond time conquer'd by jEmilius " Paulus, their King taken, and they fom time after the Viftory *' fummon'd to the Tribunal of the General *, where remcmbring how '' little hope they ought to have of Pardon, they expefted fom dread- " ful Sentence : When tE m i l i u s in the firfi place decIarM the Ma- <* ceaomans to be free, in the full pofll'flTion of their Lands, Goods, and " Laws, with Right to elefl: annual Magillrats, yielding and paying " to the People of Kome one half of the Tribute which they were '' accuftom'dto pay to their own Kings. This don he went on, " making fo skilful a divifion of the Country in order to the metho- " dizing of the People, and calling them into a form of popular Go- *' vernment, that the Macedonians^ being firft furpriz'd with the Vir- " tue of xht Romans^ began now to alter the fcene of their Admirati- *' on, that a Stranger fhould do fuch things for them in their own " Country, and with fuch facility, as they had never fo much as once " imagined to be poflible. Nor was this all, for ^mi lius, as if not " diftating to conquer'd Enemy s, but to fom well deferving Friends, ** gave them in the lafl: place Laws fo futable, and contriv'd U'ith fuch " care and prudence, that long ufeand experience (the only Correclrefs " 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 tafted of it before, but were now " taught how to ufe it. " MY LORDS, The Royalifts fhould compare what we are do- " ing, and we what hitherto we have don for them, with this example. '* It is afhamethat while weareboafiing up our felves above all o- " thers, we fliould yet be fo far from imitating fuch examples as thefe, " that we do not fo much as underftand that if Government be the Pa- " rent of Manners, where there are no Heroic Virtues, there is no He- " roic Government. "BUT the Macedonians rebelling, at the name of a falfe P h i l 1 p, " the third time againft 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 fhall rather chufe that of Sicily, becaufe having bin the firft which " the Romans made, the defcriptions of the reft relate to it. " WE OCEANA. 19^ '' W £ fuvs fo received the Sicilian Citys into Amity ^ fays Cicero '' th.tt they injoy their untient Lams ; and upon no other condition than of " the ptrne obedience to the People of Rome, which they formerly yielded " to their ovn Princes or Superiors. So the Sicilians^ wheras they had " bin parcel'd out: to divers Princes, and into divers States (the caufe '' of psi-pstual Wars, wherby, hewing one another down, they be- " came Sacrifices to the Ambition of tlieir Neighbors, or of fom In- " vader) were now receiv'd at the old rate into a new Protection " which could hold them, and in which no Enemy durft touch them • " nor was it pollible, as the cafe then flood, for the Sicilians to receive *' or for the Romans to give more. " A ROMAN Province is defin'd by S i g o n i u s, d Region ha- ^ " ving Provincial Right. Provincial Right in general was to be go- " vern'd by a Roman Prxtor^ or Conful, in matters at leaft of State " and of the Militia : A^ad by a Qu£flor.^ whofe Office it was to re- " ceive the Public Revenue, Provincial Right in particular was dif- " ferent, according to the different Leagues or Agreements between '' the Commonwealth, and the People reduc'd into a Province. Si- cicero» " cult hoc jure funt, ut quod civis cum cive agat, domi certet fuis legi- '' bus ; c^uod Siculus cum Siculo non ejufdem Civitatis, ut de eo Prxtor " Judices, ex P.Rtipilii Depreto, fortiatar. Quod privatas a. Populo " pet it ^ aut populus a private^ Senatus ex aliqua Civitate, qui judictrt " datuTj cui alter nx Civ it ate s rejeiia funt. Q^od civis Rom anus a. Si- " culo petit ^ Siculus Judex datur \ quod Siculus a cive Romano., civis " Romanus datur. Cmterarum rerum fele£ii Judices ex civium Roma- " nor urn conventu proponi folent. Inter aratores & decumanos leoe fru- *' mentaria, quam tiieronieam appellant, judicia funt. Becaufe the reft *' would oblige me to a difcourfe too large for this place, it lliall fuf- " fice that I have fhew'd you how it was in Sicily. " M y L OR D S, Upon tl;e Fabric of your Provincial Orb I fball " not hold you ; becaufe it is fufficiently defcrib'd in the Order, and I " cannot believe that you think it inferior to the way of a Pr.ttor and " a Qujtfior. But wheras the Provincial v/ay of the Roman Common- *' wealth was that wherby it held the Empire of the World, and your " Orbs are intended to be capable at ieail of the like ufe ; there may " arife many Controverfys : As whether fuch a courfe be lawful ; whe- " ther it be feizible ; and, feeing that the Romans were ruin'd upon " that point, whether it would not be to the deftruftion of the Com- " monwealth. " FOR the firfl:, If the Empire of a Commonwealth be an occa- " fion to ask whether it be lawful for a Commonwealth to afpire 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. " A N D to ask whether this be feizible, is to ask why the Oceaner, *' being under the like adminiflration of Government, may not do as " much with two hundred men as the Roman did with one hundred ; " for comparing their Commonwealths in their rife, the difference is " yet greater. Now that Rome (fer is Avaritia Luxuriaque J thro the m- *' tural thirft of her conftitution, came at length with the fulnefs of her " Provinces to burft her felf, this is no otherwife to be underftood, than " as when a man that from his own evil Conftitution had contracted ^' the Dropfy, dys with drinking : It being apparent that in cafe her " Agran^ai^ 200 OCEANA. *< Agrarian had held, Ihe could never have bin thus ruin'd ; and Ihave " already demonftrated that your Agrarian being once pois'd, can ne- «' ver break or fwerve. " WHERFORE to draw towards fom conclufion of this Dif- *' courfe let me inculcat the ufe, by felefting a few Confiderations *' out of many. The regard had in this place to the Empire of the " World appertains to a well-order'd Commonwealth, more efpe- " cially for two reafons. " I. THE facility of this great Enterprize, by a Government of the " Model propos'd. " 2. THE danger that you would run in the omifTion of fuch a " Government. "THE facility of this Enterprize, upon the grounds already laid, " muft needs be great, forafmuch as the Empire of the World has bin, " both in Reafon and Experience, the neceffary confequence of a Com- " mon wealth of this nature only : for tho it has bin given to all kinds " to drive at it, fince 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 propagati- '' on, which, being by downright Tyranny, could not preferve what " file had; nor Lrfce«/eww, becaufefhe was overthrown by the weight " of a lefs Conqueft. The facility then of this great Enterprize be- " ing peculiar to popular Government, I fliall confider it, firft, In " gaining ; and fecondly. In holding. "FOR the former. Volenti non jit injuria ; it is faid of the Peo- " pie under Eumenes, that they would not have chang'd their " fubjeftion for Liberty ; wherfore the Romans gave them no diftur- " bance. If a People be contented with their Government, it is a " certain fign that it is good, and much good do them with it. The *' Sword of your Magiftracy is for a terror to them that do evil, " Eumenes had the fear of God, or of the Romans before his eys j " concerning fuch he has given you no Commiflion. *' B U T till we can fay here are the Romans^ where is Eumenes? *' Do not think that the late appearances of God to you have bin alto- " gether for your felves ; he has j'urely feen the Affliction of your Bre- " thren, and heard their cry by reafon of their Taskmajlers. For to be- *' lieve otherwife, is not only to be mindlefs of his ways, but altoge- *' ther deaf If you have ears to hear, this is the way in which you *' will certainly be calPd upon : For if, while there is no ftock of Li- " berty, no fanftuary of the afflifted, it be a common objeft to be- " hold a People cafting themfelves out of the Pan of one Prince into " the Fire of another ; what can you think, but if the World fhould " fee the Roman Eagle again, fhe would renew her age, and her flight ? " Nor did ever fhe ipread her Wings with better Omen, than will be *' read in your Enfigns ; which if, call'd in by an opprefs'd People, " they interpofe between them and their Yoke, the People them- " felves muft either do nothing in the mean time, or have no more " pains to take for their wifli'd Fruit than to gather it, if that be not " likewife don for them. Wherfore this muft needs be eafy, and yet " you have a greater facility than is in the arm of flefli ; for if the " Caufe of Mankind be the Caufe of God, the Lord of Hofts will be " your Captain, and you fhall be a Praife to the whole Earth. * « THE OCEANA. 20I "THE facility of Holding is in the way of your Propagation; If " you take that of Athens and Lacedemon^ you fhall rain Snares ; but ** either catch, or hold nothing. Lying lips are an abomination to the " Lord : If fetting up for Liberty, you impofe Yokes, he will infallibly " deftroy you. On the other fide, to go about a work of this nature " by a League without a Head, is to abdicat that Magiftracy, wher- " with he has not only indu'd you, but wherof lie will require an ** account of you ; for, curs'd ii he that dos the Work of the Lord neg- " itgently. Wherfore you are to take the courfe of Rome : if you have " fubdu'd a Nation that is capable of Liberty, youfliall nnake them a " prefent of it, as did Flaminius to Greece^ and ^E m i l i u s " to Macedoriy referving to your felves fom part of that Revenue *' which was legally paid to the former Government, together with *' the right of being Head of the League, which includes fuchLevys of " Men and Mony as fhall be necelfary for the carrying on of the Pub- " lie Work. For if a People have by your means attain'd to freedom, *' they ow both to the Caufe and you, fuch Aid as may propagat the " like Fruit to the reft of the World. But wheras every Nation is *' not capable of her Liberty to this degree, left you be put to doing " and undoing of things, as the Romans were in Macedon, you fliall " diligently obferve what Nation is fit for her Liberty to this degree, " and what not : Which is to be don by two Marks, the firft if flie be " willing to help the Lord againji the Mighty ; for if flie has no care of " the Liberty of Mankind, fhe deferves not her own. But becaufe *' in this you may be deceiv'd by Pretences, which, continuing for a " while fpecious, may afterwards vanifh ; the other is more certain, ** and that is if fhe be capable of an equal Agrarian ; which that it " was not obferv'd by excellent ^ m i n u s in his donation of Li- ** berty, and introduftion of a Popular State among the MacedonianSy *' I am more than mov'd to believe for two reafons : the firft, becaufe " at the fame time the Agrarian was odious to the Roman Patricians ; *' the fecond, that the Pseud o-Ph i l i p could afterwards fo eafily " recover Macedon, which could not have happen'd but by the Nobi- " lity, and their impatience, having great Eftates, to be equal'd with '• the People ; for that the People fliould otherwise, at the mere found " of a Name, have thrown away their Liberty, is incredible. Wher- »' fore be alTur'd, that the Nation where you cannot eftablifli an equal " Agrarian, is incapable of its Liberty as to this kind of Donation. *' For example, except the Ariftocracy in Marpefa be diflblv'd, nei- « ther can that People have their Liberty there, nor you govern at " home ; for they continuing ftill liable to be fold by their Lords to fo- " ren Princes, there will never ( efpecially in a Country of which there *' is no other profit to be made) be want of fuch Merchants and Dro- *' vers, while you muft be the Market where they are to receive their « fecond Payment. " NOR can the Ariftocracy there be dilTolv'd but by your means, *' in relation wherto you are provided with your Provincial Orb ; *' which being proportion'd to the meafure of the Nation that you " have vindicated or conquer'd, will eafily hold it : for there is not a " People in the World more difficult to be held than the Marpefians, " which tho by themfelves it be afcrib'd to their own nature, is truly '' to be attributed to that of their Country. Neverthelefs you hav- '« ine nine thoufand men upon the continual guard of it, that, threa- ~ ^ Dd " ten'd 202 G E A N A. " tcnM by any fiidden infurrefl:ion, have places of retreat ; andan> ** Army of forty thoufand men upon a days warning ready to march " to their refcue ; it is not to be rationally fhewn which way they can " poflibly flip out of your hands. And if a man fliall think that up- *' on a Province more remote, and divided by the Sea, you have not " the like hold, he has not fo well confider'd your AAT'ings as your " Talons, your fliipping being of fuch a nature, as makes the defcenc " of your Armys almoif of equal facility in any Country : fo that " what you take you hold, both becaufe your Militia, being already ■=' populous, will be of great growth in it felf; and alfo thro your " Confederats, by whom in taking and holding you are ftill more in- " abled to do both. "NOR Hiall you eafilier hold, than the People under your Em- " pire or Patronage may be held. My Lords, I would not go to the " door to fee whether it be clofe fliut ; this is no underhand dealing, '' nor a game at which he fhall have any advantage againft you who " fees your Cards, but on the contrary the Advantage fliall be your '' own: for with eighteen thoufand men (which number! put, be- " caufe it circulats your Orb by the annual change of fix thoufand ) " having eftablifliM your matters in the order fhewn, you will be able " to hold the grcatell Province ; and eighteen thoufand men, allow- " ing them greater pay than any Prince ever gave, will not ftand "* This by the " the Province in one million Revenue; ^ in confideration wherof^ Mmiur^'^Ar " ^^^^^ ^^^" ^^'^^ ^'^^"' °^^" Eftatcs ftcc to themfelvcs, and be govern'd p^",''ii'7emon'. " by their own Lav/s and Magiftrats : which, if the Revenue of the jhated hi the « Provincc be in dry Rent (as there may be fom that are four times CcroUary, ^ zsh'ig 2ls Oceann) forty millions, will bring it with that of Indu- " ftry, to fpeak with the lealf, to twice the value : So that the Peo- " pie there, who at this day are fo oppreft that they liave nothing at " all wheron to live, fliall for one Million paid to you, receive at *•' leafl: feventy nine to their proper u^q : in which place I appeal to any " man, whether the Empire defcrib'd can be other than the Patronage " of the World. "NOW if you add to the propagation of Civil Liberty (fo na- " tural to this Commonwealth that it cannot be omitted ) the propa- " gation of the Liberty of Confcience, this Empire, this Patronage of " the World is the Kingdom of Chrift : For as the Kingdom of God " the Father was a Commonwealth, fo fhall be the Kingdom of God ffkl. no. 5. " the Son ; The People JJjall he witling in the ^ny of his Power. " HAVING Ihew'dyouin this and other places, fom of thofe " ineftimable Benefits of this kind of Government, together with the " natural and facil Emanation of them from their Fountain, I com " (lefl: God, who has appear'd to you, for he is the God of Nature, " in the glorious Conftellation of thefeiubordinatCaufes, wherof we " have hitherto bin taking the true Elevation, fhould fliake oft' the " duft of his Feet againft you ) to warn you of the Dangers which " you, not taking the opportunity, will incur by omiflion. " MACCHIAVEL fpeakingof the defeft of Venice, thro her " want of proper Arms, crys out, f This cut her fVings, and fpoil'dher " mount to Heaz/en. If you lay your Commonwealth upon any other t Qucfto wgliogli le gambe ^a montar in cielo. f Foundation OCEANA. to " Foundation tlian tlie People, you fruftrat your felf of proper Arm^," " and fo lofe the Empire oF tlie World j nor is this all, but Ibm other " Nation will have it. " COLVMBVS offer'dGold to one of your Kings, throwhofd " Iiappy incredulity another Prince has drunk the Poifon, even to thd " confumtion of his People ; but I do not offer you a Nerve of Wai' " that is made of Purfeftrings, fuch a one as has drawn the face of the " Earth into Convulfions, but fuch as is natural to her Health and " Beauty. Look you to it, where there is tumbling and tofTing upon " the bed of llcknefs, it muft end in death or recovery. Tho the " People of the World, in the dregs of the Gothic Empire, be yet " tumbling and tofling upon the bed of ficknefs, they cannot dy ; " nor is there any means of recovery for them but by antient pru- *' dence, whence of neceffity it mufl com to pafs, that this Drug be " better known. If Irafice, Itaij^ and Spain, were not all fick, all " corrupted together, there would be none of them fo ; for the fick '' would not be able to withfland the found, nor the found to preferve " their health without curing of the fick. Thefirftof thefe Nations " ( which, if you rtay her leifure, will in my mind be France) that " recovers the health of antient Prudence, fhall certainly govern the *' World ; tor what did hd'j when flie had it? And as you were in '' that, fo fliall you ip the like cafe be reduced to a Province ; I do not " fpeak at random, /r^/y, in the Confulfliip of Lucius jEmili- *' us Pap us, and Caiuj Atilius Regulus, arm'd upon '' the GMic Tumult that then happen'd of her felf, and without the " Aid of foren Auxiliarys, feventy thoufand Horfe, and feven hundred " thoufand Foot : But as Italy is the leaft of thofe three Countrys in " extent, fo is trance now the moft populous. /, deem, /, nojlruntj mdiorihm utere fatis^ " MT dear Lords, Oceana is as the Rofe of Sharon, and the Lilly of *' the Vallj. As the Lilly among Thorns, juch is my Love among the *' Daughters. She is comly as the Tents of Kedar, and terrible as art " Army with Banners. Her Neck is as the Tower of David, builded for " an Armory, wheron there hang a thoufand Bucklers and Shields ofrhigh- " ty Men. Let me hear thy Voice in the morning, whom my Soul loves^ " The South has drofd, and the Weft is breathing ufon thy Garden of " Spices. Arije, Queen of the Earth, Arife, holy Spoufe of Jefus ; for " lo the Winter is pafi, the Rain is over and gon ; the Flowers appear " on the Earth, the time for the finging of Birds is com., and the Voice ^ " the Turtle is heard in our Land. Arije, I fay, com forth, and do not; " tarr-^ : Ah '. wherfore fjould my eys behold thee by the Rivers of Ba- " bylon, hanging thy Harps upon the Willows, thou fairejt among Wo- *' men ? " EXCELLENT PATRIOTS; If the People be Soverain, *' here is that which eftablifhes their Prerogative: If we be fincere, *' here is that which disburdens our Souls, and makes good all our In- " gagements: If we be charitable, here is that which imbraces all " Partys ; If we would be fettl'd, here is that which will fland, and " lart forever. "•IF our Religion be any thing elfe but a vain boaft, fcratchingand " defacing human Nature or Reafon, which, being the Image oC D d 2 " God, 204 OCEANA, " God, makes it a kind of Murder ; here is that Empire whence J/if^ice Amos 5. 24. " fha/l run dcrvfi like a River, and Judgment like a mighty Stream. Who " is it then that calls us? or what is in our way ? a Lion ! is it not the " Dragon that old Serpent ? for what wretched fhifts are thefe ? Here " is a great deal, might we not have fom of this at one time, and fom " at another ? ^' MY LORDS, permit me to give you the Sum, or brief Epitome of the whole Commonwealth. THE Center or Fundamental Laws are^ firjl, the Agrarian, fro- portioned at two thoufand Pounds a Tear in Land^ lying and being within the proper Territory of Oceana, and fiat i»g Property in Land at\ fuch a balance, that the Power can never fwerve out of the hands of the Many. S ECONDLTy The Ballot conveying this equal Sap from the Roof, by an equal EleBion or Rotation, into the Branches of Magifiracy or So- verain Power. THE Orbs of this Commonwealth being Civil, Military or Provincial, are, as it were, cafi upon this Mold or Center by the Divijions of the Peo- ple ; Firfi into Citizens and Servants : Secondly, into Touth and Elders : Thirdly, into fuch as have one hundred Pounds a year in Lands, Goods or Monys, who are of the Horfe ; and fuch as have under, who are of the Toot : Fourthly, they are divided by their ufual refidence, into Parifbes, Hundreds^ and Tribes. THE Civil Orbs con ftfi of the Elders, and are thus created', every Monday next mjuif^g the lafi of December, the Elders in every Parijh eleci the fifth man to be a Deputy ; which is but half a days work : every Mon- day next infuing the lafi of January, the Deputys meet at their rejpe- liive Hundred, and ele£l out of their number one Jufiice of the Peace, one furymm, one Coroner, and one High Confiable of the Foot ; one days work. E VE R T Monday next infuing the lafi of February, the Hundreds meet at their refpeBive Tribe, and there eleft the Lords High Sherif Lieu- tenant, Cuftos Rotulorum, the Conductor, the two Cenfors out of the Horfe, the Magifirats of the Tribe and of the Hundreds, with the fury- men confiittitmg the Phy larch, and who ajjifl in their refpeBive Offices at the Affiz.es, hold the Quarter Seffions, 8fc. The day following the Tribe elects the annual Galaxy, conffiing of two Kjtights, and three Deputys out of the Horje, with four Deputys out of the Foot, therby indu''d with Power, as Magifirats of the whole Nation, for the term of three years. Jn Officer chofen at the Hundred may not be elelied a Magiftrat of the Tribe ; but a Magifirat or Officer either of the Hundred or of the Tribe, being ek£ied into the Galaxy, may jubfiitute any one of his own Order to his Magi- firacy or Office in the Hundred, or in the Tribe. This of the Mufier 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 Magifiracy s fo divided among them. EVERT Monday next infuing the lafi of March, the ^nights, being a Hundred in aU the Tribes, take their places in theSenat ; the Kjiights, \ having OCEANA, 205 having taken their -places in the Senat, make the third Region of the fame ; and the Houfe procedes to the Senator ian Ele£iions. Senatorian Ele£iions are annual, biennial^ or emergent. THE annual are perfornid by the Tropic, T HE Tropic is a Scedule confi fling of two parts ; thefirfl by which the Senatorian Magifirats are elected ; and the fecond, by which the Senatorian Councils are perpetuated. THE firfi part is of this Tenor. THE Lord Strategu^^'\ Annual Magifirats^ and therfore fuch as may THE Lord Orator, C be elected out of any Region ; the term of THE frJlCenfor, Q every Region having at the Tropic one T HE fecond Cenfor, j year at the leaji unexpired. THE third Commiffi'~^Triennial Magiflrats, and therfore fuch as oner of the Seal, \ can be chofen out of the third Region THE third CommifJiX only^ as that alone which has the term of oner of the Treafury^ j three years unexpired. THE Strategm and the Orator fittings are Confuls^ or Prefidents of the Senat. THE Strategm marching is General of the Army^ in which cafe a new Strategm is elected to jit in his room. THE Strategm fitting with the fix Commijjtoners, being Counfillors of the Nat ion J are the Signory of the Commonwealth. THE Cenfors are Magifirats of the Ballot, Prefidents of the Council for Religion, and Chancellors of the Vniverfitys. THE fecond part of the Tropic per pet u at s the Council of State, by the eleBion of five Kjiights out of the fir Jt Region of the Senat, to be the firfb Region of that Council confifting of fifteen Kjiights, fve in every Region. THE like is don by the eleBion of four into the Council of Religion^ and four into the Council of Trade, out of the fame Region in the Senat ; each of thefe Councils confifting of twelve Kjiights, four in every Region. B VT the Council of War confifting of nine Kjiights, 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 Jun^a of nine kjiights more, eleHed 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 f aid term. THE Signory jointly or fever ally has right of Seffion 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 Provofl, any two of thofe Provofls have Power alfo to propofe to their refpe^ive Council, as the proper and peculiar Propofers of the fame : for which caufe they hold an Aca^ f t/k scotift " he has fubjedted to our Empire, and nail'd them with his viOiOvious^y"'^ ^'"^^ *' Sword to their native Caucafus. " MACCHIAVEL gives a handfom caution. Let no man, fays ** he, be circumvented with the Glory of C ^ s a r, from the falfe re- *' fleftion of their Pens, who thro the longer continuance of his Em- *' pire in the Name than in the Family, chang'd their Freedom for " Flattery. But if a man would know truly what the Romans " thought of C a s A R, let him obferve what they faid of C a t i- " LIN. "AND yet by how much he who has perpetrated fom heinous " Crime, is more execrable than he who did but attemt it ; by fo *' much is C TE s A R more execrable than C a t i l i n. On the con- " trary, let him that would know what antient and heroic Times, " what the Greecs and Romans would both have thought and faid of " my Lord Archon, obferve what they thought and faid of So- " LON, Lycurgus, Brutus, and Publicola. And yet *' by how much his Virtue, that is crown'd with the perfedtion of *' his Work, is beyond theirs, who were either inferior in their aim, " or in their performance ; by fo much is my Lord Archon to be " prefer'd before Solon, Lycurgus, Brutus, and Pubh" " COLA. "NOR will we fliunthe moft illuftrious Example of Scipio: *' This Hero, tho never fo little lefs, yet was he not the founder of a ** Commonwealth ; and for the reft, allowing his Virtue to have bin " of the moft untainted Ray, in what did it outfliine this of my *' Lord Archon? But if dazling the Eys of the Magiftrats it over<=' ** aw'd Liberty, Rome might be allow'd fom excufethat flie did not ■ . 4. '' like 2i6 OCEANA. " like it, and I, if I admit not of this comparifon : For where is my " Lord A R c H o N^ Is tfiere a Genius, how free foeyer, which in his *' prefence would not find it felf to be under power ? He is flirunk in- " to Clouds, he feeks Obfcurity in a Nation that (ees by his Light. " He is impatient of his own Glory, left it fhould ftand between you " and your Liberty. " LIBERTY! What is even that, if we may not be grateful? " And if we may, we have none : For who has any thing that he dos " not ow ? My Lords, there be fom hard conditions of Virtue : If *' this Debt were exafted, it were not due; wheras being cancel'd, " we are all enter'd into Bonds. On the other fide, if we make fuch " a payment as will not ftand with a free People, we do not inrich *' my Lord A r c h o n, but rob him of his whole Efl:atc, and ; his ** immenfe Glory. *' THESE Particulars had in due deliberation and mature debate, " according to the Orders of this Commonwealth, It u pro^os'd bj Au- " tbority of the SeKat, to you my Lords the People of Oceana. " /. THAT the Dignity andOiEce of Arch on, or Proteftor " of the Commonwealth of Oceana, be, and is hereby confer'd by *' the Senat and the People of Oceana, upon the moft Illuflrious Prince, " and fole Legiflator of this Commonwealth, Olphaus Mega- " L E T o R, Pater Patru, whom God preferve, for the term of his *' natural Life. " //. THAT three hundred and fifty thoufand pounds per annum *' yet remaining of the antient Revenue, be eftated upon tiie faid II- " luftrious Prince, or Lord Archon, for the faid term, and to the *' proper and peculiar ufe of his Highnefs. " 111. THAT the Lord Archon have the reception of all foren " Embaffadors, by and with the Council of State, according to the " Orders of this Commonwealth. " IV. THAT the Lord Archon have a ftanding Army of ** twelve thoufand men, defray'd upon a monthly Tax, during the " term of three years, for the protedion of this Commonwealth a- " gainftdiflenting Partys; to be govern'd, direfled, and commanded " by and with the advice of the Council of War, according to the Or- " ders of this Commonwealth. " V. THAT this Commonwealth make no diftinftion of Perfons *' or Partys, but every man being elected and fworn, according to the " Orders of the fame, be equally capable of Magiftracy ; or not elefted, " be equally capable of Liberty, and the injoyment of his Eftare free *' from all other than common Taxes. " VI. THAT a man putting a diftindion upon himfelf, re- *' fufing the Oath upon Ele6tion, or declaring himfelf of a Party " not conformable to the Civil Government, may within any time " of the three years ftanding of the Army, tranfport himfelf and " his Eftate, without moleftation or impediment, into any other Na- " tion. " VII. THAT in cafe there remains any diftin6lion of Partys not " conforming to the Civil Government of this Commonwealth, af- " ter the three years of the ftanding Army be expir'd, and the Com- " monwealth be therby forc'd to prolong the term of the faid Ar- " my, the pay from thenceforth of the faid Army be levy'd upon the * " Eftates OCEANA. 217 " Eftates of fuch Partys fo remaining unconformable to the Civil Go- " vernment. P THE propofer having ended his Oration, the Trumpets founded ^ and tlie Tribuns of the Horfe being mounted to view the Ballot, c^us'd the Tribe (which thronging up to the Speech, came almoft round the Gallery) to retreat about twenty paces, when Linceus de Stella receiving the Propofitions, repair'd with Bronchus DE Rauco the Herald, to a little Scaffold erefted in the middle of the Tribe, where he feated himfelf, the Herald ftanding bare upon his right hand. TheBallotins having their Boxes ready. Hood beibre the Gallery, and at the command of the Tribuns march'd, one to eve- ry Troop on Hoifeback, and one to every Company on Foot j each of them being follovv'd by other Children that bore led Boxes :- now this is putting the Queftion, whether the ' )ueli:ion fhould be put. And the Suffrage being very faddenly return'd to the Tribuns at the Table, and numbered in the view of the Propofers, the Votes were all in the Affirmative: wherupon the red or doubtful Boxes were laid afide, it appearing that the Tribe, whether for the Negative or Affirmative, was clear in the matter. Wherfore the Herald began from the Scaf- fold in the middle of the Tribe, to pronounce the tirfl: Propjfition, and the BdHotins marching with the Negative and Affirmative only, Bronchus with his Voice like Thunder, continu'd to repeat the Propofuion over and over again, fo long as it was in Bal lotting. The like was don for every Claufe, till the Ballot wasfinifh'd, aii^l the Ti'ibuns aflembling, had iign'd the Points, that is to fay, the number of every Suffrage, as it was taken by the Secretary upon the tale of the Tribuns, and in the fight of the Propofers ; for this may not be omitted, itisthe pulfeof the People. Now wheras it appertains to the Tribuns to report the Suffrage of the People to the Senat, they call the Lot for this Office with three filver Balls, and one gold one ; and it fell upon the Right Worfliipful Argus de Crook horn in the Tribe of Pafcua, Hid Tribun of the Foot. Argus being a good fufficient man in his own Country, was yet of the mind that he fliould make but a bad Spokefman ; and therfbre became fomthing blank at his luck, till his Collegues perfwaded him that it was no lucli great matter, if he could but read, having his Paper before him. The l-'ro- pofers taking Coach, receiv'd a Volly upon the Field, and returu'd in the fame order, lave that being accompany'd with the Tribuns, they were alfo attended by the whole Prerogative to the Piazza of the Pantheon, where with another Volly they took their leaves. Argus, who had not thought upon his Wife and Children all the way, went very gravely up : and every one being feated, the Senat by their fi- lence feem'd to call for the Report ; which Argus ftanding up, deli- ver'd in this wife. Right Honor able Lords anci Fathers aJfembPd in Far lament ; SO it is, that it has fal'n to my lot to report to your Excellencys the Votes of the People, taken upon the third inffant, in the Hrft year of this Commonwealth, at the Hdo ; the Right Honorable Phosphorus de Augeiu the Tribe of £Ww, Do la Bel- la DE Enyo in the Tribe of r«>'»».e, and Linceus de Ff Stella 2i8 OCEANA. " Stella in the Tribe of Nuhia, Lords Commiflioners of the " Great Seal of Oceana, and Propofers fro temforihm together <' with my Brethren the Tribuns, and my felf being prefent. Wher- *' fore thefe are to certify to your Fatherhoods, that the faid Votes " of the People were as follows ; that is to fay : "TO the firfl Propofition, Nemim contradkante- ■ *' T O the fecond, Nemim contradi^mte <* T O the third, the hke. "TO the fourth 211, above half. "TO the fifth 201, above half "TO thefixth 150, above half, in the Affirmative. "TO the feventh, Nomine again, and fo forth "MY LORDS, It is a Language that is out of my Prayers, and " if I be out at it, no harm " BUT as concerning my Lord Archon (as I was faying) " thefe are to fignify to you the true-heartednefs and good-will which " is in the People, feeing by joining with you, as one man, they confefs " that all they have to give, is too little for his Highnefs. For truly, " Fathers, if he who is able to do harm, and dos none, may well be ** call'dhoneft; Whatfliall we fay to my Lord Archon's High- " nefs, who having had it in his power to have don us the greateft " mifchief that ever befel a poor Nation, fo willing to truft fuch as ** they thought well of, has don us fo much good, as we fhould never *' have known how to do our felves ? which was fo fweetfy deiiver'd " by my Lord Chancellor Phosporus to the People, that I dare ** fay there was never a one of them could forbear to do as I do • " An't pleafe your Fatherhoods, they be tears of Joy. Ay., my Lord " Archon fhall walk the flreets (if it be for his eafe I mean) " with a Switch, while the People run after him, and pray for him : *' he fhall not wet his foot ; they will ftrew flowers in his way : he *' fhall fit higher in their hearts, and in the Judgment of all good men, " than the Kings that go up firairs to their Seats ; and one of thefe had " as good pull two or three of his fellows out of their great Chairs, " as wrong him, or meddle with him ; he has two or three hundred " thoufand men, that when you fay the word, fhall fell themfelves " to their fhirts for him, and dy at his foot. His Pillow is of Down, *' and his Grave fhall be as foft, over which they that are alive fhall " wring their hands. And to com to your Fatherhoods, moft truly *' fo call'd, as being the loving Parents of the People, truly you do " not know what a feeling they have of your Kindnefs, feeing you " are fo bound up, that if there corns any harm, they may thank " themfelves. And, alas ! poor Souls, they fee that they are given " to be of fo many minds, that tho they always mean well, yet if " there coms any good, they may thank them that teach them better, *' Wherfore there was never fuch a thing as this invented, they do ve- *' rily believe that it is no other than the fame which they always " had in their very heads, if they could have but told how to bring " it out. As now for a fample ; My Lords the Propofers had no " fooner faid your minds, than they found it to be that which heart " could wifli. And your Fatherhoods may comfort your felves, that " there is not a People in the world more willing to learn what is for '* their OCEANA. 219 ** their own good, nor more apt to fee if, when you have fhew'd it *' them. Wherfore they do love you as they do their own feh'es ; " honor you as Fathers ; refoh'e to give you as it \i'ere Obedience " for ever : and fo thanking you for your moft good and excellent " Laws, they do pray for you as the very Worthys of the Land, " Right Honorable Lords and Fathers affembl'd inParlament. AR GL'^' came off beyond his own expeftation ; for thinking right, and fpeaking as he thought, it was apparent by the Houfe, and the thanks they gave him, that they efteem'd him to be abfolutely of the beft fort of Orators ; upon which having a mind that till then mif- gave him, he became very crounfe,and much delighted with that which might go down the next week in print to his Wife and Neighbors. L I v Y makes the Reman Tribuns to fpeak in the fame ftile with the Confuls, which could not be, and therfore for ought in him to the contrary, Volero and Canuleius might have fpoken in no better ftile than Argus. However, they were not created the firft year of the Commonwealth ; and the Tribuns of Oceama, are fince becom better Orators than were needful. But the Laws being enabled, had the Preamble annex'd, and were deliver'd to Bronchus, who lov'd nothing in the Earth fo much as to go flaring and bellowing up and down the Town, like a Stag in a Foreft, as he now did, with his fraternity in their Coats of Arms, and I know not how many Trumpets, proclaiming the Ad of Parlament ; when meeting my Lord A R c H N, who from a retreat that was without Affeftation, as being for Devotion only, and to implore a Bleffing by Prayer and Fafting upon his Labors, now newly arriv'd in Town, the Herald of the Tribe of BefiiA fet up his throat, and having chanted out his LefTon, pa ft as haughtily by him, as if his own had bin the better Office; which in this place was very well taken, tho Bronchus for his high mind happen'd afterwards upon fom difafters, too long to tell, that fpoil'd much of his Imbroidery. MY Lord Archon's Arrival being known, .the Signory, ac- company'd by the Tribuns, repair'd to him, with the news he had already heard by the Herald ; to which my Lord Strategus added, That his Highnefs could not doubt upon the Demonftrations given, but the minds of Men were firm in the opinion, that he could be no feeker of himfelf in the way of earthly Pomp and Glory : and that the Gratitude of the Senat, and the People, could not therfore be un- derftood to have any fuch reflefl-ion upon him. But fo it was, that in regard of Dangers abroad, and Partys at home, they durft not truft themfelves without a ftanding Army, nor a ftanding Army in any man's hands but thofe of his Highnefs. THE Archon madeanfwer, that he ever expected this would be the fenfe of the Senat and the People ; and this being their fenfe, lie fhould have bin forry they had made choice of any other than him- felf for a ftanding General : Firft, Becaufe it could not have bin more to their own fafety : And, Secondly, Becaufe fo long as they fhould have need of a ftanding Army, his work was not done : That he would not difpute againft the Judgment of the Senat and the People,nor ought that to be. Neverthelefs, he made little doubt but experience would fliew every Party their own Intereft in this Government, and that bet- ter improv'd than they could expeft from any other; that Mensani- F f 2 mofitys 220 OCEANA. mofitys fliould overbalance their Interefl: for any time, was impofli- ble ; that liumor could never be lafting, nor, thro the Conftitution of the' Government, of any effeft at the firft charge. For fuppofing ■ the worft, and that the People had chofen no other into the Senat and the Prerogative than Royalifts, a matter of fourteen hundred men muft have taken their Oaths at their Eleftion, with an intentioa to go quite contrary, not only to their Oaths fo taken, but to their own Interefl: ; for being eftated in the Soverain Power, they muft have decreed it from themfelves (fuch an example for which there was never any experience, nor can there be any reafon ) or holding it, it muft have don in their hands as well every whit as in any other. Furthermore, they muft have remov'd the Government from a Foun- dation that apparently would hold, to fet it upon another which ap- parently would not hold ; which things if they could not com to pafs, the Senat and the People confifting wholly of Royalifts, much lefs by a parcel of them elefted. But if the fear of the Senat and of the Peo- ple deriv'd from a Party without, fuch a one as would not be elefted, nor ingage themfelves to the Commonwealth by an Oath ; this again muft be fo large, as would go quite contrary to their own Intereft, they being as free and as fully eftated in their Liberty as any other, or fo narrow that they could do no hurt, while the People being ia Arms, and at the beck of the Strategus, every Tribe would at any time make a better Army than fuch a Party ; and there being no Partysat home, fears from abroad would vanidi. But feeing it was otherwife determin'd by the Senat and the People, the beft courfe was to take that which they held the fafeft, in which with his humble thanks for their great bounty, he was refolv'd to ferve them with all Duty and Obedience. A VERY fhort time after the Royalifts, now equal Citizens, made good the Archon's Judgment, there being no other that found any thing near fo great a fweet in the Government. For he who has not bin acquainted with Afflidlion, fays Seneca, knows but half the things of this world. MOREOVER they faw plainly, that to reftore the antient Go- vernment, they muft caft up their Eftates into the hands of three hundred men ; wherfore in cafe the Senat and the Prerogative, confifting of thirteen hundred men, had bin all Royalifts, there muft of ne- ceflity have bin, and be for ever, one thoufand againft this or any fuch Vote. But the Senat being informed by the Signory, that the Arch ON had accepted of his Dignity and Office, caus'd a third Chair tobefetforhisHighnefs, between thofe of the Strategus and the Orator in the Houfe, the hke at every Council', to which he re- paired, not of neceffity, but at his pleafure, being the beft, and, as Argus not vainly faid, the greateft Prince in the World : for in the Pomp of his Court he was not inferior to any, and in the Field he was follow'd with a Force that was formidabk to all. Nor was there a caufe in the nature of this Conftitution to put him to the charge of Guards to fpoil his ftomach or his fleep : Infomuch, as being hand- fomly difputed by the Wits of the Academy, whether my Lord Archon, if he had bin ambitious, could have made himfelf fo great, it was carry'd clear in the Negative ; not only for the Reafons drawn from the prefent balance, which was Popular ; but putting the cafe the balance had bin Monarchical. For there be fom 2\ations, .J. wherof • OCEANA, 221 wherof this is one, tliat will bear a Prince in a Commonwealth far higher than it is poffible for them to bear a Monarch. SpMn look'd upon the Prince of Orange as her moft formidable Enemy ; but if ever there be a Monarch in Holland^ he will be the SpAniards beft friend. For wheras a Prince in a Commonwealth derives his Greatnefs from the root of the People,_ a Monarch derives his from one of thofe ba- lances which nip them in the root ; by which means the Low Countrys under a Monarch were poor and inconfiderable, but in bearing a Prince could grow to a miraculous height, and give the Glory of his Aftions by far the upper hand of the greateft King in Chrifiendom. There are Kings-in Europe, to whom a King of Oceana would be but a ptit Companion. But the Prince of this Commonwealth is the Ter- ror and the Judg of them all. THAT which my Lord A r c h o n now minded moft, was the Agrarian, upon which Debate he inceflantly thruft the Senat and the Council of State ; to the end it might be planted upon fom firm root, as the main point and bafis of perpetuity to the Commonwealth. AND thefe are fom of the moft remarkable Paflages that happened in the firft year of this Government. About the latter end of the fe- cond, the Army was disbanded, but the Taxes continu'd at thirty thoufand Pounds a month, for three years and a half. Ey which means a piece of Artillery was planted, and a portion of Land to the value of 50 /. a year purchas'd for the maintenance of the Games, and of the Prize arms for ever, in each Hundred. WITH the eleventh year of the Commonwealth, the term of the Excife, allotted for the maintenance of the Senat and the People, and for the raifing of a public Revenue, expir'd. Ey which time the Exchequer, over and above the annual Salarys, amounting to three hundred thoufand Founds, accumulating every year out of one Million incom feven hundred thoufand Pounds in Banco, brought it with a produfl: of the Sum, rifing to about eight Millions in the whole : wherby at feveral times they had purchas'd to the Senat and the Peo- ple four hundred thoufand Pounds per annum folid Revenue ; which befides the Lands held in Panopea, together with the Perquifits of ei- ther Province, was held fufHcient for a public Revenue. Neverthelefs, Taxes being now wholly taken off, the Excife of no great burden (and many fpecious advantages not vainly propos'd in the heightning of the public Revenue) was very chearfully eftablifh'd by the Senat and the People, for the term of ten years longer ; and the fame courfe being taken, the public Revenue was found in the one and twentieth of the Common wealth, to be worth one Million in good Land. Wher- upon the Excife was fo abolifh'd for the prefent, as withal refolv*d to be the beft, the moft fruitful and eafy way of raifing Taxes, ac- cording to future Exigencys. But the Revenue being now fuch as was able to be a yearly Purchafer, gave a jealoufy that by this means the balance of the Commonwealth, copfifting in privat Fortunes, might be eaten out ; whence this year is famous for that Law wherby the Senat and the People forbidding any further purchafe of Lands to the Public within the Dominions of Oceana and the adjacent Provinces, put the Agrarian upon the Commonwealth her felf. Thefe Increafes are things v/hich Men, addifted to Monarchy, deride as impoffible, wherby they unwarily urge a ftrong Argument againft that which they would defend. For having their eys fix'dupon the Pcrmp and Expenccj' 222 OCEANA. . Expence, by which not only every Child of a King being a Prince, exhaufts his Father's Coffers ; but Favorits and fervil Spirits, devoted to the flattery of thofe Princes, grow infolent and profufe, returning a fit Gratitude to their Mafters, whom while they hold it honorable to deceive, they fuck and keep eternally poor : It follows that they do not fee how it fhould be poflible for a Commonwealth to clothe her fclf in Purple, and thrive fo ftrangely 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 carelefs and prodigal Man fliould bring ten thoufand Pounds a year to nothing, or that an induftrious and frugal Man brings a little to ten thoufand Pounds a year. But the fruit of one man's induftry and frugality can never be like that of a Common- wealth ; Firft, becaufe the greatnefs of tiie Increafe follows the great- nefs of the Stock or Principal : And, Secondly, becaufe a frugal Father is for the mofl part fucceded by a lavifh Son j wheras a Commonwealtii is her own Heir. THIS year a part was propos'd by the Right Honorable A u- REUs DE Woolsack in the Tribe of Pecu-s, firft CommifTioner of the Treafury, to the Council of State, which foon after pad 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 thoufand Lots, enterM by their names and parcels into a Lotbook pre- ferv'd in the Exchequer. And if any Orphan, being a Maid, fliould caft her Ellate into the Exchequer for fourteen hundred Pounds, the Treafury was bound by the Law to pay her quarterly two hundred Pounds a year, free from Taxes, for her Life, and to afTign her a Lot for her Security : if flie marry'd, her Husband was neither to take out the Principal without her confent (acknowleg'd by her felf to one of the Commiflioners of the Treafury, who according as he found it to be free, or forc'd, was to allow or difallow of it) nor any other way ingage it, than to her proper ufe. But if the Principal were taken out, the Treafury was not bound to repay any more of it than one thoufand Pounds ; nor might that be repaid at any time, fave within the firft year of her Marriage : the like was to be don by a half or quarter Lot refpeftively. THIS was found to be a great Charity to the weaker Sex, and as fom fay, who are more skilful in the like Affairs than my felf, of good Profit to the Commonwealth. NOW began the native Spleen of Oceam to be much purg'd, and Men not to affeft Sullennefs and Pedantifm. The Elders could re- member that they had bin Youth. Wit and Gallantry were fo far from being thought Crimes in themfelves, that care was taken to pre- ferve their innocence. For which caufe it was propos'd to the Coun- cil for Religion by the Right Honorable Cadiscus de Clero, in the Tribe of Stamnum, firft Cenfor, That fuch Women as living in Gallantry and View about the Town, were of evil fame, and could not fhew that they were maintain'd by their own Eftates or Induftry ; or fuch as having Eftates of their own, were yet waftlul in their way of life, and of ill example to others, fhould be obnoxious to the animadverfion of the Council of Religion, or of the Cenfors: In which the preceding fliould be after this manner. Notice fhould be firft given of the fcandal to the party offending, in privat : if there M'ere no amendment within the fpace of fix months, flie fliould be ^j; fummon'd OCEANA 229 lummon'd and rebuk'd before the faid Council or Cenfors ; and, if af- ter other fix months it were found that neither this avail'd, fhe fhould be cenfured not to appear at any public Meetings, Games, or Recrea- tions, upon penalty of being taken up by the Doorkeepers, or Guards of the Senat, and by them to be detain'd, till for every fuch Offence, five Founds were duly paid for her inlargement. FURTHERMORE, if any common Strumpet fliould be found, -or any fcUrrility or profanenefs reprefented at either of the Theaters, the Prelats for every fuch Offence Hiould be fin'd twenty Pounds by the faid Council, and the Poet, for every fuch offence on his part, fliould be whipt. This Law relates to anotiier, which alfo was enafted the fame y^ar upon this occafion. THE Youth and Wits of the Academy having put the Bufinefs fo home in the defence of Comedys, that the Provofts had nothing but the Confequences provided againft by the foregoing Law to objeA, prevail'd fo far, that two of the Provofts of the Council of State join'd in a Propofition, which after much ado came to a Law, wher- by one hundred thoufand pounds was allotted for the building of two Theaters on each fide of the Piazza of the Halo : and two annual Ma- gifl:rats cal'd Prelats, chofen out of the Knights, were added to the Tropic, the one call'd the Prelat of the Buskin, for infpeftion of the Tragic Scene call'd Mdfomem ; and the other the Prelat of the Sock, for the Comic call'd Thalia, which Magiftrats had each five hundred pounds a year allow'd out of the Profits of the Theaters ; the refl:, except eight hundred a year to four Poets, payable into the Exchequer. A Poet Laureat created in one of thefe Theaters, by the Strategm re- ceives a Wreath of five hundred pounds in Gold, paid out of the faid Profits. But no man is capable of this Creation, that had not two parts in three of the Suffrages at the Academy, aiTembl'd after fix weeks warning, and upon that occafion. THESE things among us are fure enough to be cenfur'd, but by fuch 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 Proteftant Miniflers in France, by men that were wife, and of their own profeflion, much blam'd in that they forbad Dancing, a Recreation to which the genius of that Air is fo inclining, that they loft many who would not lofe that : Nor do they lefs than blame the former determination of raflhnefs, who now gently connive at that which they had fo roughly forbidden. Thefe Sports in Oceana are fo govern'd, that they are pleafing for privat di- verfion, and profitable to the Public : For the Theaters foon defray'd their own charge, and now bring in a good Revenue. All this is fo far from the detriment of Virtue, that it is to the improvement of itj feeing Women that heretofore made havock of their Honors that they might have their Pleafures, are now incapable of their PIcafures, if they lofe their Honors. ABOUT the one and fortieth year of the Commonwealth, the Cenfors, according to their annual Cuftom, reported the Pillar of Ni- Im, by which it was found that the People were increas'd very near one third. Wherupon the Council of War was appointed by the Se- nat to bring in a State of War, and the Treafurers the State of the Trea- fury. I'he State of War, or the Pay and Charge of an Army, was foon after exhibited by the Council in this Account, The OCEANA. The Ftehl fay of a, Tarlanmitary Army. THE Lord Strategus, Marching- . ''General of the Horfe rC I Lieutenant General ^ I General of the Artillery- S 1 CommifTary General — "3 j Major General- P-" l_Quarterniafter General Two Adjutants to the Major General — Forty Colonels loo Captains of Horfe, at 500 /. a Man- 500 Captains of Foot, at ^00 /. a Man — 100 Cornets, at ico/. a Man 300 Enfigns at 50 /. a Man C^artermafters Serjeants Trumpeters Drummers 10000 Horfe, at 2 J. 6 d. per day each 30000 Foot, at 1 s. per day each ■ Chirurgeons ■ 800 /. per ann. — 10000. — • 2000. — 2000. — 1000. — 1000. — icoo. — ■ 1000. — 1000. — 40000. — 50000. — 90000. — 1 0000. — 1 5000. - 20000. 470000. 500000. 400. Sum — 1 1 14400. 40000 Auxiliarys, amounting to within a little as much 1 1 oooco. THE Chargeof mounting 20000 Horfe -^ — 300000. THE Train of Artillery, holding a 3^ to the whole 900000. Summa totalis — 141 4400. ARMS and Ammunition are not reckon'd, as thofe which are furniflit out of the Store or Arfenal of Emporium : Nor waftage, as that which gos upon the account of the Fleet, maintain'd by the Cu- ftoms ; which Cuftoms, thro the care of the Council for Trade, and growth of Traffic, were long fince improv'd to about a Million Reve- nue. The Houfe being thus inform'd of a State of War, the Com- miffioners brought in THE Jlate of the Trcafury this prefent year, he'mg the one and fortieth of the Commonwealth. R ECEIVED from the one and twentieth of this ^ /. Commonwealth, by 700000 /. a year in bank, with > 16000000. the Produfl: of the Sum rifing ,J EX' OCEANA. 225 E XT EKVEV from the one and iwentkth of this Commonwealth. IMPRIMIS^ For the Addition of Arms for looooo? /. Men, ro the Arfenal, or Tower of Emporiuz/i woooooo. FOR the ftoring of the fame witli Artillery ^00000. FOR the ftoring of the fame with Ammunition 200000. FOR beautifying the Citys, Parks, Gardens, Piibhc , Walks, and Places for Recreation of Emporium and Hiera^ with Public Buildings, Aquseduas,"^" «5ocooo. Statues, and Fountains, &c. '^ EXTRAORDINARY EmbalTys ■ — — 150000. Sum — 5150000. REMAINING in the Treafury, the Salarys of the? Exchequer being defalk'd ■ — ( 12000000. BY comparifon of which Accounts, if a War with an Army of 80000 Men were to be made by the Penny, yet was the Commonwealth able to maintain fuch a one above three years, without levying a Tax. But it isagainll all Experience, Senfc and Reafon,that fuch an Army Hiould not be foon broken, or make a great progrefs ; in either of which cafes the Charge ccafes j or rather, if a right courfe betaken in the lat- ter, ProHt corns in : for the Rom.ins had no other confiJerabie way but Victory wherby to fill their Treafury, which neverthelefs was ieldom cmty. Alexander did not confult his Purle upon his De- fign iovPerfta: It is obferv'd by Macchiavel, that Livy ar- guing what the event in reafon muft have bin had that King invaded Rome, and diligently meafuring what on each fide was necelTary to fuch a War, never fpeaks a word of Mony. No man imagins that the Gauls, Gothsy Fandals, Huns, Lombards, Saxons, Normans, made their Inroads or Conquefts by the ll:rength of the Purfe ; and if it be thought enough, according to the diale£t of our Age, to fay in anfwer to thefe things, that thofe times are paft and gon ; what Mony did the late Gust A v us, the moil viftorious of modern Princes, bring out of Sweden with him into Germany ? An Army that gos upon a golden Leg, will be as lame as if it were a wooden one ; but pi-oper Forces have Nerves and Mufcles in them, fuch for which, having four or five Millions, a Sum eaiy enough, with a Revenue hke this of Oceana, to be had at any time in readinefs, you need never, or very rarely charge the People with Taxes. What influence the Commonwealth by fuch Arms has had upon the World, I leave to Hiftorians, whole cuftom it has bin of old, to be as diligent Obferversof foren Aflions, as carelefs of thofe domeftic Revolutions which (lefs pleafant it may be, as not partaking fo much of the Romance) are to Statefmen of far greater profit ; and this Fault, if it be not mine, is fo much more fre- quent with modern Writers, as has caus'd me to undertake this Work ; on which to give my own Judgment, it is perform'd as much above the time I have bin about it, as below the dignity of the matter. Gg ^ BUT 226 OCEAN A. BUT I cannot depart out of this Coiintiy, tiij 1 have taken leave of mv Lord A k c h o n, a Prince of immenfe Felicity, u'iio having built as high with his Counfils, as he dig'd deep with his Sword, had now feen lifty years meafur'd with his ou'n inerring Oi bs. riucarch in the TIMO LEON (iuch a hater of Tyrants, that not able to perfuadc Life of Timo- j^j^ |5,-oj;i;ier T I M o p H A N E s to relinquifli the 1 y ranny of Cormth, he '^°"' flew him) was afterwards eleQed by the People (the Stciliam groaning to them from under the like burden) to be fent to their reiiet : W heruix)ii Teleclides theMan at that time of molt Authority in the Common- • wealth oi Corinth, ftood up,and giving an Exhortation to 1" i m o i. e o n, how he fliould behave himfelf in his Expedition, told him, that if he re- ftor'd the Skiltms to Liberty, it would be acknovvleg'd that he had deftroy'd a Tyrant ; if otherwife, he muft expedl to hear that he had murder'd a King. Timoleon taking his leave, with a very fmall Provifion for fo great a Defign, purfu'd it \vith a Courage not in- ferior to, and a Felicity beyond any that had bin known to that day in mortal Flefli, Iiaving in the fpace of eight years utterly rooted out of all Sicily thofe Weeds of Tyranny, thro the deteftation wherof men fled in fuch abundance from their Native Country, that whole Citys were left defolat ; and brought it to fuch a pafs, that o- thers thro the fame of his Virtues, and the excellency of the Soil, flockt as faft from all Quarters to it, as to the Garden of the World : While he, being prefented by the People of Syracuja with his Town- houfe, and his Country Retreat, the Iweetelt Places in either, liv'd with his Wife and Children a moil quiet, happy, and holy Life; for he attributed no part of his Succefs to himfelt, but all to the Blef- fingand Providence of the Gods. As he paft his time in this man- ner, admir'd and honor'd by Mankind, Laphistius an envious Demao^og, going to fummon him upon fom pretence or other to an- fvv-er tor himfelf before the Affembiy, the People fell into fuch a Mu- tinv, as could not be appeas'd but by Timoleon, who under- ftanding 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 ufe of the Laws. Wherfore when D/emenetus ano- ther Demagog, had brought the fame Defign about again, and blam'd him impertinently to the People for things which he did when he was General, Timoleon anfwer'd nothing, but railing up his hands, gave the Gods thanks for their return to his frequent Prayers, that he might but live to fee the SyrAcufiaas fofree, that they could queltion whom they pleas'd. NOT long after being old, thro fom natural imperledion, befell blind ; but the Sjracufims by their perpetual vifits held him, tho he could not fee, their greateft Objefl: : if there arriv'd Strangers, they brought them to fee this figlit. Whatever came in debate at the Affembiy, if it were of fmall confequence, they determin'd it them- felves ; but if of importance, they always fent for Timoleon; who bein" brought by his Servants in a Chair, and fet in the middle of the Theater, there ever follow'd a great fliout, after ^hich fom time was allow'd for the Benedidions of the People; and then the matter propob'd, when Timoleon had fpoken to it, was put to the Suffrage ; which given, his Servants boie him back in his Chair, accompany'd by the People clapping their hands, and making all ex- preifions of Joy and Applaufe, till leaving him at his Houfc, they re- 4. turn'd OCEANA, turn'd to the difpatch of their Bufinefs. And this was the Life of Ti MO LEON, till hsdy'dof Ags, and drop'd like a mature Fruit, while the Eys of the People were as the Showers of Autunn. THE Life and Death of my Lord Archon (but that he had his Senfes to the laft, and that his Character, as not the Reftorer, but the Founder of a Commonwealth, wis greater) is fo exa£Hy the fame, that (feeing by Men wholly ignorant of Antiquity, I am ac- cus'd of writing Romance) I fhall repeat nothing : but tell you that this year the whole Nation of Oceana^ even to the Women ani Chil- dren, were in mourning, where fo great or fad a Funeral Pomp had never bin feen or known. Somtime after the performance of the Exequys, a Colojfui^ mounted on a brazen Horfe of excellent Fabric, was erefted in the Piazza of the Pantheon, ingrav*d with this Infcrip- tion on the Eaflern fide of the Pedeftal : H I s NAME I S A S Precious Ointment And on the Weftern with the following : Gg 2 §^^T^ 227 228 GRATA PATRIA Piae & Perpetuse Memorise . D. D. Olphaus Megaletor Lord Archon, and file Legislator O C E A N A. Pater Patriae. Invincible in the Field. Inviolable in his Faith, Vnfained in his Zeal Immortal in his Fame, The Greatefi of Captains, The Beji of Princes, The Haffieji of Legiflators. The Moft Sincere ofChriftians. Who fitting the Kingdoms of Earth at Liberty y Too\the Kingdom of the Heavens by Violence; ^^tat. fuae ii6. Anno< ^Hu;us Reipub. 50. The PREROGATIVE O F PopuIarGovernment. BEING A POLITICAL DISCOURSE In Two Books. The former Containing the firft Preliminary of Oc e a n a, in^ larg'd, interpreted, and vindicated from all fuch Miftakes or Slanders as have bin alleg d againft it under the Notion of Objedions. The Second Concerning Ordination, againft Dr. H. H a m m o n d^ Dr. L. S E A M .\ N, and che Authors they follow. In which Two Books is contained the whole Commonwealth of the Hebrews, or of Ifrael, Senat, People, and Magiftracy, both as it flood in the Inftitution by Moses, and as it came to be form'd af- ter the Captivity. As alfo the different Policys introduc'd into the Church of Christ, during the time of the Apoftles. Without Council Purpofes are difappointed j but in the multitude of CounfiUon they are ejiablifh'd. S o i o M o N. La multitudine e piu Savia e piu coftante ch'on Principe. Macchiavejl. 2 3^ Epistle to the READER. HOSOEVER fheds mans blood, by man fhall his blood be Hied ; for in the Image of God made he Man. If this Rule holds as well in jljedding the blood of a Turk a^s of a Chriftian, then that wherin Man is the Tn?iage of God is REASON. Of all Controverjys, thoje of the Pen are the mojl honorable : for in thofe oj Force, there ts more of the Image of the Beafl^ bu^ in thofe oj the Pen there is more of the Image of God. in the Controverts of the Sword, there is but too often no other Reafon than Force \ but the Controverjy of the Pen has never a»y Force but Reafon, Of all Controverfys of the Pen next thofe of Re- ligion, thofe of Government are the mofi honorable, and the moft ufeful ; the true end of each, tho in a different xvay, biing that the Will of God may be don in Earth as it is in Heaven. Of all Controverfys of Govern- ment, thofe in the vindication of Popular Government are the moft noble, as being that Confiitutton alone, from whence all we have that is good is de- fcended to m \ and which, if it had not exifted, Mankind at this day had km but a Flerd of Beajts. The Prerogative of Popular Government muft either be in an ill hand, or elfe it is a game againfi which fhere is not a Card in the wole pack ; for we have the Rooks oj Moses, thofe of the Greecs and of the Komans, not to omit Macchiavel, all for it. What have the Afferters of Monarchy ; what can they have againfi us ? A Sword ; but that rujls, or muft have a Scabbard ; and the Scabbard of this kind oj Sword is a good frame of Government. A MAN may be poffeft of a piece of Ground by force, but to make ufe or prop of it, he muft build upon it, and till it by Reafon ; for whatever is not founded upon Reafon, cannot be permanent. In Reafon there are tivo parts. Invention and Judgment ; As to the latter, In a multitude of Counfillors (7^ ^o^/^ Solomon /j»^ Macchiavel) there is flrength. Nay as for 'Judgment, there is not that Order in Art or Na- ture that can compare with a Popular Ajfembly. THE VOICE OF THE PEOPLE IS THE VOICE OF GOD. Hence it is that in all well-order'' d Policy s the People have the ultimat refult : but unlefs there be fom other to invent, a Popular Ajfembly can be of no ejfe^ at all but Confufion. Invention ii a folitary thing. All the Phyfcians in the world put together^ invented not the.Qirculation of the Blood, nor can in- vent any fuch thing, tho in their own Art ; yet this was invented by one alone, and being invented, is unanirnoufly voted and imbrac''d by the gene- rality of Phyficians. The Plow and Wheels were at frft, you muft think^ the invention of fom rare Artifls ; but who or what jf} all ever be able to tear the ufe of them from the People ? Hence, where Government is at a lofs, a fole Legiflator is of abfolute neceffity ; nay where it is not at a lofs, if well modefd, as in Venice, the Propojers, tho frequently change- able, as in that cafe is neceffary, are very few, as the Counfillors, the Savi, the Provofts. Wherever a Commonwealth is thus propos'd to, the Balance or Popular Ajfembly will do her duty to admiration, but till then never. Tet [o it has bin with us of late years, that altho in Royal Au- thority To the Reader. thority there was no more than the right of Propofmg, and.the Kjnghm^ felfwai to fiand (legtbus & confuetudinibus quas vulgus elegeiit) to the refult of the People, yet the popular Council has bm put upon In- "oention, and, they that have bin the pre'vailing Party have us''dmeans to keep the Refult to themfehes, quite contrary to the nature of Popular Ad- miniftration. Let one fpeak, and the reil: judg. Of whatever anyone man can fiy or do, Mankind is the natural and competent 'judg, in which is contain'' d the very reafon of Parl&ments j thro the want of under (land- ing this came tn confufion. Man that is in Honor, and hasno under- ftanding, is hke the Beafts that pcrifli. Nor can we pojfibly return to Order ^ but by mending the Hedg where it was broken, A prudent, intire and fit Propofitton made to a free Par lament, recovers all. To them who are of the great efl Eminency or Authority in a Commonwealth, belongs na- turally that part of Reafon which is Invention ; and ufngthis^ they are to propofe : but what did our Grandees ever invent or propofe, that might /hew fo much as that themfelves knew what they would be at ? and yet how confidently do they lay- the^ fault upon the People, and their unftnefs,for- footh, for Government : in which they are wondrous wife ! For, this I will boldly fay. Where there was an Ariflocracy that perform'' d their duty, there never was, nor ever can be a People unfit for Government ; but on the con- trary ,, where the Ariflocracy have faiPd, the People being once under Or- ders, have held very often. But while they are not under Orders, if they fail it is -not their fault, but the fault of the Ariflocracy ; for who elfe Jljould model a Government but men of Experience ? There is not in Encr- iand, / [peak it to their (hame, oa?^' G r a n d E e that has any perfect knowlege of the Orders of any one Commonwealth that ever was in the World. Away with this fame grave complexion, this huff of Wifdom maintain' d by making faces. The People cannot do their duty confifting in "Judgment^ but by virtue of fuch Orders as ?nay bring them together, and direct them ; but the duty of the Ariflocracy con fi fling in Invention, may be don by anj one man, and tn his fltidy ; and where is that one man among all the Grandees that fludys ? They are fo far from knowing their own duty, that a ?nan for propoftng that in which none can find a flaw, has don enough to be ridiculous to them, who are themfelves ridiculows to the whole World, in that they could never yet propofe any thing that would hold. BUT tf this amounts to a Demonflration, it amounts to a clear de- tection of your profound Grandees, and a full proof that they are Ph ana- tic al Perfons, State fefuits. fuch as have reduced the Politics to mental Refervation and implicit Faith in their nods or nightcaps. GOD, to propofe his Commandments to the People of Ifrael, wrote them on two Tables ; the Decemviri, to propofe their Commandments to the People of Rome, wrote them on twelve Tables ; the Athenians proposed in writing, fign'd with the name of the particular Inventor ; after thi,i pattern do the Venetians, as was faid, the fame at this day. But no Goofquill, no Scribling : Tour Grandees are above this. MOSES, who was the firfl Writer in this kind, jhall be par don' d ; but M A c c H I A V E L, the firfl in later times that has reviv''d his Principles, or trod in his fleps, is dejervedly pelted for it by Sermons. They are ngt for the Scripture, but the Cabala. / WILL tell you a flory oat of Boccalini: Apollo havi::'g fpfd the Philofopher and great Mafter of Silence H A r p o c r A- T E s in the Court of Parnaflus, ns''d fuch importunity with him, that for once he was perfuaded to fpeak ; upon which fuch apparent difcovery was made 3» 2^2 To the Reader. wade of the Hypocrite^ andthe grofs ignorance he had fo long harlor'd un- der A deceitjul filence, that he wxs immediatly haniflid the Court. Were there caufe^ I could be modejl ; but this Virtue^ to the diminution of found and rvholjom Principles^ would be none : rvherfore let a Grandee tvrite^ and I mlljhew you HarpOCrates. T jfiVS having fufficiently deffd Sir Guy, 7 may with the lefs im- teachment of reputation defcend /o T m 1 h u m. Not that I hold my felf a, fit Perfon to be exercised with Boys play, but that fom, who jhould have more wit, have fo little as to think this fomthing. A good Rat- catcher is not fo great a blefflng to any City, as a good "J no gler catcher would he to this Nation. Now becaufe I want an O^ce^ I jhall jhew my Parts to my Country^ and how ft I am for the white Staff ^ or long Pole of fo wor- ffjipful A Preferment. Ridiculus ne fis, efto. THE THE FIRST BOOK, CONTAINING The firft Preliminary of Oc e a n a, inlarg'd, in- terpreted, and vindicated from all iuch Miftakes or Slanders as have bin alleg'd againft it under the notion of Objedions, Hh A full Anfwer to aU fucb OBfECTIONS as have hitherto bin made againfi Oceana. NEITHER the Author or Authors of the Confiderations upon Oceana, nor any other, have yet fo much as once pretended one Contradiftion or one Inequality to be in the whole Common- wealth. Now this is certain, That Frame of Government which is void of a»y cofttradiiiiofjf or ,any inequalitjy is void of all internal caufes of Dif- folutiony and mufi,for fo much as it imbraces^have attained to fuUper- fe£i'wn. This by wholefale is a full Anfwer to the Confiderations, with all other ObjeGions hitherto ; and will be (with any man that comprehends the nature of Government) to thoufands of fuch Books, or Myriads of fuch tittel tattel. Neverthelefs, becaufe every man is not provided with a Sum, in the following Difcourfe I fhall comply with them that muft have things by Retail, or fomwhat for their Far; thing. The =35 The PREFACE. IT is commonly faid, and not without imour'agement by Jam who think they have jParnafTus by the horns, that the Univ^eiTity has lafh'd me ; fo it feems I have to do with the Vniverjity, and lajjjtng ii lawful ; with both which I am contented. In Moorfields, while the People are bufy at their fports, they often and ridiculoufly lofe their But tons j their Ribbands, and their Purfes ; where if they light, as fomtirnes they do^ upon the Mafters of that Art, they fall a kicking them a while (which one may call a rude charge) and then to their work again. I know not whether I invite you to MoorHelds, but (difficile eft Satyrani non fcri- bere) all the favor I defire at your hands is but this, that you would not fo condemn one man for kicking, as in the fame AB to pardon another for cutting of Purfes. A Gentleman that commits a fallaciom Argument to writing, or gos about to fatisfy others with fuch Reafons as he is not fatisffd with himfelf is no more a Gentleman- but a Pickpocket; with this in my mind, I betake my felf to my work, or rather to draw open the Cur- tain, and begin the Play. ONE that hits written Con^idLQTznonsu^oxxO en A.'s^K^fpeaks the Prolog in this manner : I befeech you Gentlemen, are not we the Wri- ^Pi^' ters of Politics fomwhat a ridiculous fort of People ? Is it not a fine piece of Folly for privat men fitting in their Cabinets to rack their brains about Models of Government ? Certainly our Labors make a very pleafant recreation for thofe great Perfonages, who, fitting at the Helm of Affairs, have by their large Experience not only acquir'd the perfect Art of Ruling, but have attain'd alfo to the comprehenfion of the Nature and Foundation of Government. In which egregious Comple- ment the Co»fiderer hits loft his cpnfidering C.tp. - .IT was in the time (?/ A l E x A N d E R, the greateft Prince and Com- mander of his age, that Aristotle, with fcarce inferior Applaufe and equal Fame, being a privat man, wrote that excellent piece of Prudence in his Cabinet, ivhich is calPd his ?o\[lics, going upon far other Principles than thofe of Alexander's Government, which it has long outliv''d. The like did T i T u s L I v i u s /'« the time of Augustus, 6Vr T h o- M A s M o R i» the time oj Henry the Eighth, and M A c c h i A- V E L when Italy i}>as under Princes that afforded him not the ear. Thefe Works never thelefs are all of the moft efteemd and applauded in this kind j mr have I found any man, whofe like Indeavors have bin perfecuted ftnce P L A T O ^7 D I o N Y s I u s. / ftudy not without great Examples, nor out of my Calling ; either Arms or this Art being the proper Trade of a Gentleman. A man may he intrufled with a Ship, and a good Pilot toOy yet not underfland how to make Sea-charts. 'To fay that a man may not write of Government except he be a Magiftrat, is as abjurd as to fay, that a man may not make a Sea-chart, unlefs he be a Pilot. It is known that Christopher Columbus made a Chart in his Cabinet, thai found out the Indys. The Magijlfat that was good at his Steerage never took it ill of him that brought him a Chart, feeing whether he would ufe it of no, was at his own choice ; and if Flatterers, being the worft fort of Crows^ did not pick out the eys of the living, the Ship of Government at this day H h 2 throout 236 The Preface. throout Chrifiendom had mt Jiruckfo often as (he has do». To treat of Af- Arte deiia fairs, fays M A c c H I A V E L, vvhichas to the conduct of 'em appertain Guer. ri-oem. j^ Qi^evs, may be thought a great boldnefs ; but if I commit Error-, in writing, thefe may be known without danger, wheras if they com- mit Errors in afting, fuch com not otherwife to be known, than in tlie ruin of the Commonwealth. For which caufe 1 prefume to open the Scene of my Difcourfe^ rvhkh is to change according to the variety of thefe following Qtieftions, 1 . WHETHER Prudence be well diftinguifh'd into Antient and Modern ? 2. WHETHER a Commonwealth be rightly defin'd to be a Go- vernment of Laws, and not of Men ; and Monarchy to be a Govern- ment of fom Man, or a few Men, and not of Laws? ^. WHETHER the Balance of Dominion in Land be the natu- ral caufe of Empire ? ^ 4. WHETHER theBalanceofEmpirebe well divided into Na- tional and Provincial ? and whether thefe two, or any Nations that are of diftinft Balance, coming to depend upon one and the fame head, fuch a mixture creates a new Balance ? 5. WHETHER there be any common Right or Intereft of Man- kind diftinft from the parts taken feverally ? and how by the Orders of a Commonwealth this may beft be diftinguifh'd from privat Intereft ? 6. WHETHER the Senatufconfulta, or Decrees of the Roman Senat, had the power of Laws ? 7. WHETHER the ten Commandments propos'd by G O D or Moses were voted by the People of Ifrael ? 8. WHETHER a Commonwealth coming up to the perfeftion of the kind, coms not up to the perfeftion of Government, and has no flaw in it ? 9. WHETHER Monarchy, coming up to the perfeftion of the kiftd, coms not fhort of the perreftion of Government, and has not fom flaw in it ? in which is alfo treated of the Balance oi France^ of the Original of a landed Clergy, of Arms, and their kinds. 10. WHETHER a Commonwealth that was not firft broken by it felf, was ever conquer'd by any Monarch ? 11. WHETHER there be not an Agrarian, or fom Law or Laws of that nature to fupply the defei^ of it, in every Commonwealth ? and whether the Agrarian, as it is ftated in Oceana^ be not equal and fatisfaftory to all Interefts or Partys ? 12. WHETHER Courfes or a Rotation be nece flary to a well- order'd Commonwealth ? In which is contain'd the Parembole or Courfes of Ifrael before the Captivity ; together with an Epitome of the whole Commonwealth oi Athens, as alfo another of the Common- wealth of Venice, Antient 237 Ghap. I. Antient and Modern Prudence. CHAP. I. Whether Tmdence be well dijl'mguifh* d into Antient and Modenii T "^HE Confiderer (whereby i^ntient Prudence I underftancl the Policy of a Commonwealth, and by Modern Prudence that of King, Lords, and Commons, which introduced by the Goths and Vandals upon the ruin of the Roman Empire, has fince reign'd in thefe Weftern Countrys, till by the predominating of fom one of the three parts, it be now almoft univerfally extin- guifh'd ) thinks it enough for the confutation of this diftinftion, to ftiew out of Thucydides that of Monarchy to be a more an- tient Policy than 'that of a Commonwealth. Upon which occafion, I muft begin here to difcover that which, the further I go, will be the more manifeft ; namely, that there is a difference between quoting Authors, and faying fom part of them without book: this maybe don by their words, but the former no otherwife than by keeping to their fenfe. Now the fenfe of Thucydides, as he is tranflated by Mr. H o b b s in the place alleg'd, is thus : The manner^ fays he, Thu. B. i.' of living in the mofi antient times of Greece vdas Thieving ; the ftronger ^' ^' going abroad, under the conduct of their mofi fuiffant MeUy both to inrich 6. themfelves^ and fetch home maintenance for the weak : for there was nei- 7- ther Traffic, property of Lands, nor conftant Abode, till Minos built ^* a Navy, and expelling the MalefaBors out of the I [lands, planted Colony s of his own, by which means they who inhabited the Seacoafis, becoming more addicted to Riches, grew more confiant to their dwellings : of whom fom, grown now rich, compafs''d their Towns about with Walls. ' For out of a defire of Gain, the meaner fort underwent Servitude with the Mighty ; and the Mighty (thus overbalancing at home) with their Wealthy brought the lejfer Citys (abroad) into fubjeii ion. Thus Pel ops, tho he was a fir anger, obtairi'd fuch Rower in Peloponnefus, that the Coun- try WM calfd after his name. Thus A T r E u s obtained the Kjngdom of Mycense ; and thus Kingdoms with Honors limited came to be hereditary ; and rifing to Power, preceded afterwards to the War againft Troy. After the War with Troy, tho with much ado, and in a long time Greece had confiant refi (and Land without doubt came to Property) for pjifting their feats no longer, at length they fent Colony s abroad ; the Athe- nians into Ionia with the Jfiands, the Peloponnefians into Italy, Sicily, and other parts. The Power of Greece thm improv'^d, and the defire of Mony withal, their Revenues ( in what ? not in Mony, if yet there was no Ufury ; therfore except a man can fhew that there was Ufury in Land ) being inlar^d, in mofi of the Cttys there were erected Tyranny s. Let us lay this place to the former, when out of a defire of Gain the meaner fort underwent Servitude with the Mighty, ix. caus'd hereditary Kingdoms with Honors limited, as happen'd alfo with us fince the time of the Goths and Vandals. But when the People came to Property in Land, and their Revenues mre inUr£d, fuch as alTum'd Power over ^ thent^ 2 8 , l"^^ Frerogativc Book I. them, not according to the nature of their Property or Balance, \ve;e i_>^>r'V> Tyrants: well, and wliat re.nedy ? why, then it was, fays the Coji- fiderer, that the Grecians out of an extreme averfion to that which was Confid. p. 4. the caufe of their prefe/rt Sufferings, ppt into Popular Government, not th.tt upon culm and mature Debates they found it heft, but that they might put themfehes at the greateft dijlance ( which Spirit ufualhj accompanys all Re- formations ) from that with which they were grown into dif ike. Wherby he agrees exaftly with his Author in making out the true Force and Nature of the Balance, working even without deliberation, and whe- ther men will or no. For the Government that is natural and eafy, being in no other dire£lion than that of tl:e refpeclive Balance, is not of choice but of neceffity. The Policy of King, Lords and Com- mons, was not fo much from the Prudence of our Anceftors, as from their necefTity. IF three hundred men held at this day tlie like over- balance to the whole People, it was not in the power of Prudence to inftitute any other than the fame kind of Government, thro the fame neceffity. Thus the meaner fort with T hucy dides fubmitting to the Mighty, it came to Kjngdoms with hereditary Honors : but the People coming to be wealthy, call'd their Kings, tho they knew not why, Tyrants; nay, and ufing them accordingly, found out means, with as little deliberation it may be as a Bull takes to tofs a Dog, or a Herntofplit a Hauk (that is, rather, as at the long-run they will ever do in the like cafes, by InftinQ-, than Prudence or Debate) to thro down that, which by the mere information of fenfe they could, no longer bear ; and which being thrown down, they found thera- felves eas'd. But the queftion yet remains, and that is, forfooth, whether of thefe is to be call'd Antient Prudence. To this end, ne- ver man made a more unlucky choice than the Confiderer has doa for himfelf of this Author, who in the very beginning of his Book, fpeaking of the Feloponnefian War, or that between the Common- wealths of Athens and Lacedemon, fays, that the Actions which pre- ceded this, and thofe again that were more antient, tho the truth of them thro length of time cannot by any means be clearly difcover''d ; yet for any Argument that ( looking into times far pafi ) he bad yet lighted on to per - fuade him, he dos not think they have bin verj great either for matter of War, or otherwife ; that is, for matter of Peace or Government. And left this fliould not be plain enough, he calls the Prudence of the Mr. Hobbs in three Periods, obferv'd by Mr. H o b b s, viz. that from the beginning thi Magire. of the Grecian Memory to the TrojanV^^^v, that of theTrojan War ic felf, and that from thence to the prefent Commonwealths and Wars, Thu.B. 1. p.3. wherof he treats. The Imbecillity of aiitient Times. Wherfore certainly this Prevaricator, to give him his own fees, has lefs difcretion than a Confid. ;>. 34. common Attorny, who will be fure to examin only thofe IVitneffes that feem to make for the Caufe in which he is entertain d. Seeing that which he affirms to be Antient Prudence is depos'd by his own witnefs to have bin the Imbecillity of antient Times, for which I could have fo many more than I have leifure to examin, that (to take only of the moll Authentic ) as you have heard one Greec, I fliall add no more thaa one Roman, and that is F l o r u s in his Prolog where (computing ' e Ages of the Romans, in the fame manner Thu cy dides did ,'■ 'e of the Greecs) he affirms the time while they Itv'd under their ®^ to have bin their Infancy ; that from the Confuls till they conquer'' d Ajrigs, 'eirTouth; that from hence to their EmferorSj their manly age ; "^'y* ^^. -i- and of Popular Government. 2 3d and the reft ( with a Complement or Salvo to Trajan his prefcnt Chap, i. Lord ) their Dotage. Ct^^'V'^O THESE things, tho originally ail Government among the Greecs and, the Romans was Regal, are no more than they who have not yet fafi their Novitiat infiory, might have known. Yet fays the Corrfiderer, Confid.r. ;, 2, Itfeems to be a defeil of experience to think that the Greec and the Roman AElions are only consider able in Antiquity. But is it fuch a defeft of Ex- perience to thinif tliem only confiderable, as not to think them chiefly confiderable in Antiquity, or that the name of Antient Prudence dos not belong to that Prudence which was chiefeft in Antiquity ? True^ fays he, it is very frequent with fuch as have bin converfant with Greec and Roman Authors, to be led by them into a belief that the reft of the World was a rude inconfiderable People, and, which is a term they very much delight in, altogether Barbarom. This fliould be fom fine Gentle- man that would have Univerfitys pull'd down ; for the Office of a Univerfity is no more than to preferve fo much of Antiquity as may- keep a Nation from {linking, or being barbarous ; which Salt grew not in Monarchys, but in Commonwealths : or whence has the Chriftian World that Religion and thofe Laws which are now com= mon, but from the Hebrews and Romans ? or from whence have we Arts but from thefe or the Greecs ? That we have a DoQor of Divi- nity, or a Mafter of Arts, we may thank Popular Government ; or with what Languages, with what things are Scholars converfant that are otherwife defcended ? will they fo plead their own Caufe as to tell us it is poffible there fhould be a Nation at this day in the world with- . out Univerfitys, or Univerfitys without Hebrew, Greec and Lati», and not be Barbarous, that is to fay, rude, unlearn'd, and inconfide- rable ? Yes, this humor even among the Greecs and Romans themfelves was a fervil addiction to narrow Principles, and a piece of very pedantic al Pride. What, man ! the Greecs and the Romans that of all other woald not ftrve, fervil ! their Principles, their Learning, with whofe fcraps we fet up for Batchelors, Mafters, and Doftors of fine things, narrow ! their inimitable Eloquence a piece of very pedantical Pride ! The World can never make fenfe of this any otherwife than that fince Heads and Fellows of Colleges became the only Greecs and Romans^ the Greecs and Romans are becom fervily addiQed, of narrow Princi- ples, very Pedants, and prouder of thofe things they do not under- ftand, than the other were of thofe they did : For, fay they, in this Queftion, the Examples of the Babylonians, Perfians and Egyptians ( not to omit the antient and like modern Difcoverys of the Queen of \}a& Amazons, andof theKingof C/>/«^) cannot without grofs partiality be ■ negleCied. This is pretty ; they who fay nothing at all to the Policy of thefe Governments, accufe me, who have fully open'd it, of neg- ligence. The Babylonian, Perftan, and, for ought appears to the con- trary, the Chinefe Policy, is fum'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, fafar fromnegleft, that I every where give the Turc his due, whofe Policy I affert to be the beft of this kind, tho not of the beft kind. But they will bear me down, and but with one Argument, which I befeech you mark, that it is abfolutely of the befl: kind ; for fay they, it is of a more abfolute form (has more of the Man and lefs of the Law in it) than is to be met with in any KJngdom of Europe, X t 2AO T^^ Prerogative Book I. I A M amaz'd ! This is that kind of Goverment which to hold »-cJ^'V"=Sb^ Barbarous, was in the Grfe« and Romans PedAnticd Frtde^ hm would, be in m who ha,ve not the fame Tcmtacion of Inttrejt, downright Folly. The Intereft of a People is not their Guide but their Temtation ! We that hold our Land divided among us, have not the fame Temtation of Interefl that had the fervil Hebrews^ Greecs^ and Romans ; but the fame that had the free People of Bahjlon, Perjia, and Egypt, where not the People but the Prince was fole Landlord ! O the Arts in M'hich thefe men are Mafters ! To follow the pedantical Pride of IVIgses, Lycurgus, Solon, Romulus, were with us downright Folly; but to follow humble and learned Mahomet or Otto- man, in whofe only Model the Perleftion of the Babylonian, Perfan, Egyptian Policy is confummated, is Antient Prudence ! Exquifit Poli- ticians ! egregious Divines, for the leading of a People into Egyft or Babylon ! Thefe things confider'd, whether Antient Prudence, as I have ftated it, be downright Folly, or as they have ftated it, be not downright Knavery, I appeal to any Court of Claims in the world, where the Judges, I mean, have rict more in their Caps than in their Heads, and in their Sleeves than the Scarlet. AndwherasMen love compendious works, if I gain my Caufe, the Rear'er, for an anfwer to the Oxford Book, needs look no further than this Chapter. For if Riches and Freedom be the end of Government ; and thefe Men propofe nothing but Slavery, Beggery, and Turcifm, what need more words ? CHAP. H. Whether a Commonwealth he yi^htly ilefind to he a Government of LaMs and not of Men, and a Monarchy to he the Government of /cm MaUj or a few Men, and not rf Laws ? THAT part of the Preliminarys which the Prevaricator, as is ufual with him, recites in this place falfly and fraudulently, is thus : Relation had to thefe two times ( that of Antient and that of Modern Prudence ) the one, as is computed by J a n o t t i, ending wath the Liberty of Rome, the other beginning with the Arms of Cesar (which extinguifliing Liberty, became the Tranilation of Antient into Modern Prudence, introduc'd in the Ruin of the Roman Empire by the Goths and Vandals) GOVERN MENT ( to defne it de jure, or according to Antient Prudence) it an Art wherby a civil Society of Men is injlitutcd and preferv'd, upon the Foundation of Com- mon Right or Interefi ; or (to follow Aristotle and L i v y ) it is an Empire of Laws, and not of Men. AND Government, to defne it de fa£lo, or according to Modern Prudence, is an Art wherby fom Man, or fom few Men, fubjeB a City dr a Nation, and rule it according to his or their privat Interefl ; which^ becaufe Laws infuch cafes are made according to the Interefl of a Man, or fom few Family s, may be f aid 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 : Firft, That Law mull equally precede from \ Wil], of T ovular Government. 2Ai Will, that Is either from the Will of the whole People, as In a Com- Chap. 2. monwealth ; from the Will of one Man, as in an Abfolute, or from v.-^'W. the Will of a few Men, as in a Regulated Monarchy. SECONDLY, That Will, whether of one, or more, or all, is not prefum'd to be, much lefs to a£l without a Mover. THIRDLY, That the Mover of the Will is Intereft. FOURTHLY, That Interefts alfo being of one, of more, or of all ; thofe of one Man, or of a kw Men, where Laws are made ac- cordingly, being more privat than corns duly up to the Law, the na- ture wherof lys not in Partiality but in Juftice, may be call'd the Em- pire of Men, and not of Laws ; And that of the whole People com- ing up to the public Intereft ( which is no other than common Right and Juftice, excluding all Partiality or privat Intereft ) may be call'd the Empire of Laws, and not of Men. By all which put together, wheras it is demonftrable that in this divifion of Government I do not ftay at the Will, which muft have fom Motive or Mover, but go to the frji and remotefi Notion of Government^ in the foundation and' Ori- gination of it, in which lys the Credit of this Divijion, and the Definition ^ the fever al Members, that is to fay, of Intereft, whether privat or public; the Prevaricator tells me. That this divifion of Government QonM. f. 6. having ( he knows not how ) loj} its Credit, the definitions of the feve- rat Members of it need net he confider'^d further, than that they com not at all uf to the firjl and remotefi Notion of Government in the Foundation and Origination of it, in which lys all the difficulty ; and being here neg- lected, there is little hofe the fuhfequent Difcourfe can have in it the light of probable SatisfaBion, much lefs the Force of infallible Demonfird- tion. VERY good ! Intereft it fliould feem then is not the frfl and re- motefi Notion of Govern7nent, but that which he will outthrow ; and atthiscaft, by faying, that the Declaration oftheWilloftheSoverainQonfii.h 81 Power is called Law : which if it outlives the Perfon whofe Will it was it is only becaufe the Perfons who fiiccede in Power are prefum'd to have the fame Will, unlefs they manifefi the contrary, and that is the Abrogation of the Law ; fo that fiill the Government 14 not in the Law, but in the Per- fon whofe Will gave a being to that Law. I might as well fay. The De- claration to all men by thefe prefents that a man ows Mony is call'd a Bond ; which if it outlives the Perfon that enter'd into that Bond, it is only becaufe the Perfons that fuccede him in his Eftate, are prefum'd to have the fame Will, unlefs they manifeft the contrary, and that is the abrogation or cancelling of the Bond ; fo that ftill the Debt is not in the Bond, but in his Will who gave a being to that Bond. If it be alleg'd againft this example, that it is a privat one, the cafe may be put between feveral Princes, States, or Governments, or between fe- veral States of the fame Principahty or Government, whether it be a Regulated Monarchy or a Commonwealth ; for in the like Obligation of the States (as of the King, the Lords, and Commons) orPartys agreeing. Author it ate Patrum & jujfu Populi, till the Party s that fo agreed to the Obligation, fhall agree to repeal or cancel it, lys all Law that is not merely in the Will of one Man, or of one State, or Party, as the Oligarchy. But not to difpute thefe things further in this place, let the Government be what it will, for the Prevaricator to fetch the Origination of Law no further than the Will ( while he knows very well that I fetch'd it from Intereft, the Antecedent of Will) and yet li to 242 T'he Frerogathe Book I. to boaft that he lias outthrown me, I fay he is neither an Ijo»eJl Matt^ ^^<^^'\/'^^'^ mr a good Botvkr. No matter, he will be a better Gunner ; for where 1 faid that the Magirtrat upon the Bench is that to the Law, which a Gunner upon his Platform is to his Cannon, he gos about to take better aim, and faySj Jf the proportion of things be accuratly con- (ider''d it will appear that the laden Cannon anfivers not to the Latvs^ but to the Power of the Perfon whofe Will created thofe Laws : Which if fom of them that the Power of the Perfon whofe Will cieated them, in- tended fliould be of as good Stuff or Carriage as the reft, do neverthe- lefs according to the nature of their Matter or of their Charge, com jliort or over, and others break or recoil ; fure this Report of the Pre- varicator is not according to the bore of my Gun, but according to the bore of fuch a Gunner. Yet again, if he be not fo good a Gunner, he will be a better Anatomift : for wheras I affirm, that to fay, Ari- stotle and Cicero wrote not the Rights or Rules of their Po- htics from the Principles of Nature, but tranfcrib'd them into their Books out of the praQice of their own Commonwealths, is as if a man fliould fay of famous H a r v e y, that he tranfcrib'd his Circula- tion of the Blood, not cut of the Principles of Nature, but out of the Anatomy of this or that Body : He anfwers, that the whole force of this Objection amounts but to this, that becaufe Harvey in his CifcuUtion has followed the Principles of Nature, therfore A R i s T o T l e ^»^ Ci- cero have don fo in their Difcourfes of Government. PRETTY ! It is faid in Scripture, Thy Word is fiveet oi- Hony : Amounts that but to this, Becaufe Hony is fvveet, therfore the Word of God is fweet ? To fay that my Lord Proteftor has not conquer'd many Nations, were as if one fliould fay, that Cesar had not con- quer'd many Nations : Amounts that but to this, that becaufe C r- s A R conquered many Nations, therfore my Lord Proteftor has con- quer'd many Nations ? What I produce as a Similitude, he calls an Objeftion ; where I fay, as, he fays, becaufe : what ingenuous man dos not deteft fuch a cheat ! A Similitude is brought to fliew how a thing is or may be, not to prove that it is fo ; it is us'd for Illuftration, not as an Argument : The Candle I held did not fet up the Poft, but l>.ew where the Pofl: was fet, and yet this blind Buzzard has run his head againft it. Nor has he yet enough ; if he be not the better Na- - turalift, he will be the better Divine, tho he fliould make the worfe Sermcn. My Doclrin and Ufe upon that of S o l o m o n, / have feen Ser'uants upon Horfes, and Princes walking as Servants upon the Ground, difcovers the true means wherby the Principles of Power and Autho- rity, the Goods of the Mind and of Fortune, may fo meet and twine in the Wreath or Crown of Empire, that the Government ftanding upon Earth like a holy Altar, and breathing perpetual Incenfe to Heaven in Juftice and Piety, may be fomthing, as it were, between Heaven and Earth ; while that only which is propos'd by the beft, and refolv'd by the moft, becoms Law ; and fo the wiiole Govern- ment an Empire of Laws, and not of Men, This he fays, is a good' ly Sermon ; it is honeft, and fenfe. But let any man make fenfe or ho- ccnfid. f.7. nefty of this Doftrin, which is his own; To fay that Laws do or can 'govern, is to amufe our felves with a form of Speech, as when we jay Time, or Jge, or Death, dos fuch a. thing ; to which indeed the PhanJ) of Poets, and Superjlition of Women, may adapt a Per- fon, and give a Power of Jciion : but ivife Men know they are only Ex- if, preffions of Pofular Government, 243 freffions of fuch Actions or QuaUjications as belong to Things or Chap. ?„ Perfons. u^-V'ssij SP E A K out ; Is it the Word of God, or the Knavery and Non- fenfe of fuch Preachers that ought to govern ? Are we to hearken to tliat of tlie Talmud^ There is more in the word of a Scribe^ than in the words of the Law ; or that which Chrift therupon fays to the Phari- fees, Tou have made the Word of God of no effeB by your Traditi-^^^^^^,^^ ons ? Say, is the Commonwealth to be govern'd in the Word of a Priefl: or a Pharifee, or by the Vote of the People, and the Intereft of Mankind ? CHAP. III. Whether the 'Balance of Vombim in Land he the natural Catife of Empire ? TH E Dofl:rin of the Balance is that, tho he ftrains at it, which choaks the Prevaricator ; for this of all others is that Principle which makes the Politics, not fo before the invention of the fame, to be undeniable throout, and (not to meddle with the Mathematics, an Art I underftand as little as Mathematicians do this) themofl de~ monftrable of any whatfoever. FOR this caufe I fliall rather take pleafure than pains to look back, or tread the fame path with other, and perhaps plainer fteps : as thus ; If a man having one hunch-ed pounds a year may keep one Servantj or Mve one man at his command, then having one hundred times fo much, he may keep one hundred Servants ; and this multiply'd by a thoufand, he may have one hundred tiioufand men at his command. Now that the finglc Perfon, oj Nobility of any Country in Europe^ tliat had but half fo many men at command, would be King or Prince, is that which I think no man will doubt. But * no Many, no Switzers, as the French fpcak : If the Mony be flown, fo are the Men alfo. Tho Riches in general have Wings, and be apt to bate ; yet thofe in Land are the moll hooded, and ty'd to the Perch, wheras thofe in Mony have the leaft hold, and are the fwifteft of flight* A Bank where the Mony takes not wing, but to com home feiz'd, or like a Coyduck, may well be great ; but the Treafure (/ the Indys going cut, and not upon returns, makes no Bank. Whence a Bank never paid an Army ; or paying an Army, foon became no Bank. But where a Prince or a Nobility has an Efl:ate in Land, the Revenue wherof will defray this Charge, there their Men are planted, have Toes that are Roots, and Arms that bring forth what Fruit you pleafe. T H U S a fingle Perfon is made, or a Nobility makes a King, not with difficulty, or any great prudence, but with eafe, the reft coming home, as the Ox that not only knows his Majler^s Crib, but muft ftarve or repair to it. Nor for the fame reafon is Government acquir'd with more eafe than it is preferv'd j that is, if the Foundation of Property * Point tie Argent, point de SuilTe. lis be The Trerogative be in Land : but if in Mony, light/y com, i%My go. The reafon why afinglePerfon, or the Nobility that has one hundred thoufand nien, or half fo many at command, will have the Government, is that the Eftate in Land, wherby they are able to maintain fo many, in any European Territory, muft overbalance the rell that remains to the People, at leaft three parts in tour, by which means they are no more able to difpute the Government with him or them, than your Servant is with you. Now for the fame reafon, if the People hold three parts in four of the Territory, it is plain there can neither be any fingie Perfon nor Nobility able to difpute the Government with them ; in this cafe therfore, except Force be interpos'd, they govern themfelves. So by this computation of the Balance of Property or Dominion in Land, you have according to the threefold Foundation of Property, the Root or Generation of the threefold kind of Govern- ment or Empire. Oceana, ^3^ I F one man be fole Landlord of a Territory, or overbalance the whole People, three parts in four, or therabouts, he is Grand Signior ; for fo the T«rc, not from his Empire, but his Property is call'd ; and the Empire in this cafe is abfolute Monarchy. IF the Few, or a Nobility, or a Nobility with a Clergy, be Land- lords to fuch a proportion as overbalances the People in the like man- ner, they may make whom they pleafe King ; or if they be not pleas'd with their King, down with him, and fet up whom they like better ; a Hen RY the Fourth, or the Seventh, a G u i s e, a Mont fort, a Nevil, or a Porter, fhould they find that beft for their own ends and purpofes : For as not the Balance of the King, but that of the Nobility in this cafe is the caufe of the Government, fo not the Eftate or Riches of the Prince or Captain, but his Virtue or Ability, or fitncfs for the ends of the Nobility, acquires that Command or Office. This for Ariftocracy, or mix'd Monarchy. But if the whole People be Landlords, or hold the Land fo divided among them, that no one man or number of men within the compafs of the Few, or Ariftocra- cy overbalance them, it is a Commonwealth. Such is the Branch in the Root, or the Balance of Property naturally producing Empire ; which not confuted, no man fhall be able to batter my Superftrudures, and which confuted, I lay down my Arms. Till then, if the caufe necelTarily precede the efteft. Property muft have a being before Em- pire, or beginning with it, muft be ftill flrft in order. PF-OPERI'Y coms to have a being before Empire or Govern- ment two ways, either by a natural or violent Revolution. Natural Revolution happens from within, or by Commerce, as when a Go- vernment eieded upon one Balance, that for example of a Nobility or a Clergy, thro the decay of their Eft^tes coms to alter to another Balance ; which alteration in the Root of Property, leaves all to con- fufion, or produces a new Branch or Government, according to the kind or nature of the Root. Violent Revolution happens from with- out, or by Arms, as when upon Conqueft there follows Confifcation. Confifcation again is of three kinds, when the Captain taking all to himfelf, plants his Army by way of military Colonys, Benefices, or Timars, which was the Policy of Mahomet; or when the Cap- tain has fom Sharers, or a Nobility that divides with him, which was the Policy introduc'd by the Goths and Vandals ; or when the Captain ^ divides the Inheritance by Lots, or otherwife, to the whole People; .|. whicll of Popular Government. 245 which Policy was inftituted by God or Moses in the Common- Chap. j. wealth of Ifrael. This triple diftribution, whether from natural or -^"v^wj violent Revolution, returns as to the generation of Empire to the fame thing that is to the nature of the Balance already ftated and demonftrated. Now let us fee what the Prevaricator will fay, which firftis this. THE JJfertioftj that Property producing Empire conjijls only m Lafid^Coadd. p.i^i appears too pofttive. A Pig of my own Sow ; this is no more than I told him, only there is more imply 'd in what I told him, than he will fee ; which therfore I fhall now further explain. The balance in Mony may be as good or better than that of Land in three cafes. Firft, where there is no Property of Land yet introduc'd, as in Greece during the time of her antient Imbecillity ; whence, as is noted by T h u- C Y D I D E s, the meaner Jort thro a dejire of Gain underwent the Servi- tude of the Mighty. Secondly, in Citys of fmall Territory and great Trade, as Holland and Genoa^ the Land not being able to feed the Peo- ple, who muft live upon Traffic, is overbalanc'd by the means of that Traffic, which is Mony. Thirdly, in a narrow Country, where the Lots areata low fcantling, as among the Ifrae/itSy if care be not had of Mony in tl]e regulation of the fame, it will eat out the balance of Land. For which caufe tho an Ifraelit might both have Mony, and put it to Ufury (Thou fjalt lend [upon ufury] to many Nations) y&ti,exx.\<.6, might he not lend it upon ufury to a Citizen or Brother : whencetwo& 23. 19* things are manitefl: : Firft, that Ufury in it felf is not unlawful ; And next, that Ufury in Ifrael was no otherwife forbidden, than as it might com to overthrow the Balance or Foundation of the Government ; for where a Lot as to the general amounted not perhaps to four Acres, a man that fhould have had a thoufand Pounds in his Purfe, would not have regarded fuch a Lot in comparifon of his Mony ; and he that fliould have bin half fo much in debt, would have bin quite eaten out. Ufury is of fuch a nature, as, not forbidden in the like cafes, muft de- vour the Government. The Roman People, while their Territory was no bigger, and their Lots, which exceded not two Acres a man, were yet fcantier, were flead alive with it ; and if they had not help'd themfelves by their Tumults, and the Infiitution of their Tribuns, it had totally ruin'd both them and their Government. In a Common- wealth, whofe Territory is very fmall, the Balance of the Government being laid upon the Land, as in Lacedemon,k will not be fufficient to forbid Ufury , but Mony it felf muft be forbidden. Whence LvcuRGUsal- Jow'd of none, or of fuch only as being of old, or otherwife ufelefslron, was little better, or, if you will, little worfe than none. The Pru- dence of which Law appear'd in the negleft of it, as wlien L v s a n- DER, General ior the Lacedemonians in the PeloponnefianWa.r, hav- ing taken Athens, and brought home the fpoil of it, occafion'd the Ruin of that Commonwealth in herViftory. The Land oF Canaan compar'd with Spain or England, was at the moft but a Torkfiire^ and Laconia was lefs than Canaan. Now if we imagin TorkJJjtre divided, as was Canaan^ into fix hundred thoufand Lots, or as was Laconia^ into tliirty thoufand ; a TorkjJjire man having one thoufand Pounds in his Purfe, would, I believe, have a better Eftate in Mony than in Land; wherfore in this cafe, to make the Land hold the Balance, there is no way but either that of Ifrael by forbidding Ufury, or that of Lacedemon by forbidding Mony. Where a fmall Sum may com to over- T^he Prerogative overbalance a man's Eftate in Land, there I fay Ufury or Mony for the pi cfervation of the Balance in Land, muft of neceflity be forbid- den, or the Government will rather reft upon the Balance of Mony, than upon tliat of Land, as in Holland and Genoa. But in a Territory of fuch extent as Sfain^ or England, tlie Land being not to be overbalanc'd by Mony, there needs no forbidding of Mony or Ufury. In Lacedemon Merchandize was forbidden, in Ijrael and Rome it was not exercis'd ; wherfore to thefe Ufury muft have bin the more deftrudlive : but in a Country where Merchandize is exercis'd, it is fo far from being de- ftruftive, that it is nccelTary ; elfc that which might be of profit to the Commonwealth would ruft unprofitably in privat purfes, there being no man that will venture his Mony but thro hope of fom Gain ; w^hich if it be fo regulated that the Borrower may gain more by it than the Lender, as at four in the hundred, or therabouts, Ufury becoms a miglity Profit to the Public, and a Charity to privat Men ; in which fenfe we may not be perfuaded by them that do not obferve thefe different caufes, that it is againft Scripture. Had ufury to a Brother bin permitted in ^fr.iel, that Government had bin overthrown : but that fuch a Territory as jE/?g/<«/?^ or 6^/z/» cannot be overbalanc'd by Mony, whether it be a fcarce or a plentiful Commodity, whether it be accumulated by Parfimony, as in the purfe of Henry the 7^^, or prefented by Fortune, as in the Revenue of the Indjs, is fufficiently demonil: rated, or fliall be. FIRST, by an i^rgument adhomincm, one good enough for the Confid. t. 12. Prevaricator, wiio argues thus; The Wijdom or the Riches of another man can fiever give him a Title to mj Obedience^ nor oblige Mr. Harring- ton to give his Clothes or Alonj to the next man he meets, rvifer or richer than himjelf. I F he had faid ftronger, he had fpoiPd all ; for the parting with a mans Clothes or Mony in that cafe, cannot be help'd : now the richer, as to the cafe in debate, is the ftronger, that is, the advantage of Strength remains to the Balance. But well ; he prefumes me to have Clothes and Mony of my own, let him put the fame cafe in the Peo- ple, or the fimilitude dos not hold. But if the People have Clothes and Mony of their own, thefe muft either rife (for the bulk) out of Property in Land, or at leaft out of the cultivation of the Land, or the Revenue of Induftry ; which if it be dependent, they muft give fuch a part of their Clotlies and Mony to preferve that dependence out of which tlie reft arifes to him or them on whom they depend, as he or they lliall think fit, or parting with nothing to this end, muft lofe all ; that is, if they be 1 enants, they muft pay their Rent, or turn our. So if they have Clothes and Mony dependently, the Balance of Land is in the Landlord or Landlords of the People : but if they have Clothes and Mony independently, then the Balance of Land muft of neceffity be in the People themfelves, in which cafe they neither would, if there were any fuch, nor can, becaufe there be no fuch, give their Mony or Clothes to fuch as are wifer, or richer, or ftronger than them- felves. So it is not a mans Clothes and Mony or Riches, that oblige him to acknowlege the Title of his Obedience to him that is wifer or richer, but a man's no Clothes or Mony, or his Poverty, with which, if the Prevaricator fliould com to want, lie could not fo finely pre- varicat but he muft ferve fom body, fo he were rich, no matter if kfs wife tlian himfelf Wherfore feeing the People cannot be faid to havs of Popular Government. 247 have Clothes and Mony of their own Without the balance in Land, Chap. j. and having the balance in Land, will never give their Clothes, or v.V^W-' Mony, or Obedience to a fingle Perfon, or a Nobility, tho thefe fhould be the richer in Mony ; the Prevaricator by his own Argument has evinc'd that in fuch a Territory as EftgUnd or S^xin^ Mony can never com to overbalance Land. F O R a fecond Demonftration of this Truth, Henry the Se- venth, tho he mifs'd of the Indys, in which for my part I think him happy, was the richeft in Mony of Enghjh Princes. Neverthelefs this acceflion of Revenue did not at all preponderat on the King's part, nor change the balance. But while making Farms of a Standard he increas'd the Yeomanry, and cutting off Retainers he abas'd the No- bility, began that Breach in the balance of Land, which proceding has ruin'd the Nobility, and in them that Government. FOR a third, the Monarchy of Spain, fince the Silver of Potofi J'aiPd uf the Guadalquivir, which in EngUflj is, fince that King had the Jndys, ftands upon the fame balance in the Lands of the Nobility on which it always ftood. A N D fo the learned Conclufion of the Prevaricator ( That it is Confid. f. i6. not to be doubted but a. Revenue fufficient to maintain a Force able [ to cry ware horns] or beat down all oppojition^ dos equally conduce to Empire^ whether it arifes from Rents, Lands, Profits of ready Mony, Dutys, Cufioms, &c. ) asks you no more than where you faw her Premifes. For unlefs they afcended his Monti, and his Banks, it is not to be imagin'd which way they went ; and with thefe, becaufe he is a pro- feft Zealot for Monarchy, I would wifh him by no means to be mon- tebanking or meddling : for the purfe of a Prince never yet made a Bank, nor, till fpending and trading Mony be all one, ever fhall. The Genoeje, which the King of Spain could never do with the Jndys, 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 afmali Territory, by great purchafes in Land, and rather in a mere confufion than under any fettl'd Go- vernment ; which Caufes, if he can give them all fuch another meet- ing, may do as much for another man. Otherwife let it be agreed and refolv'd, that in a Territory of any extent, the balance of Empire confifts in Land, and not in Mony ; always provided that in cafe a Prince has occafion to runaway, as Henry the Third of France did out of Poland, his Balance in ready Mony is abfolutely the mojl proper for the carrying on of Jo great and fudden an Enter priz.e. I T is an excellent way of diiputing, when a man has alleg'd no experience, no example^ no reafon, to conclude with no doubt. Cer- tainly upon fuch occalions it is not unlawful nor unreafonable to be mer- ry. Reafons, fays one Comedian, are not fo common as Blackberrys. For all that, fays another Comedian, no doubt but a Revenue in Taxes is as good as a Revenue in Feefimple ; for this, in brief, u the fenfe of his former particular, or that part of it, which, the Monti and the Banks being already difcharg'd, remains to be anfwer'd. Yet that the Rents and Profits of a man's Land in Feefimple or Property, com in 248 T^ke Prerogative Book I. in naturally and eafily, by common confent or concernment, that is, ^-'~^''"^-* by virtue of the Law founded upon the public Intereft, and therfore voluntarily tftablifh'd by the whole People, is an apparent thing. So a man that will receive the Rents and Profits of other mens Land, nuiil either take them by mere force, or bring the People to make a Law dcvcfting themfelves of fo much of their Property ; which upon the matter is all one, becaufe a People polTefl: of the Balance, cannot be brought to make fuch a Law, further than they fee necelTary for their common defence, but by force, nor to keep it any longer than that Force continues. It is true, there is not only fuch a thing in na- ture as health, but ficknefs too : nor do I deny thnt there is fuch a thing as a Government againft the Balance. But look about, feek, find where it flood, how it was nam'd, how lik'd, or how long it lafted. Otherwife the comical Propofition coms to this, h is mt to be douked hut that Violence may he '^erma.nent or durable, and the blackberry ^ for it is becaufe Nature is permanent or durable I What other conftruftion can be made of thefe words ? It is not to he doubted but a Revenue fuffi- cient to maintain a. Force able to beat dorvn a/l oppofition (that is, a Force able to raife fuch a Revenue) dos equally (on which word grows the Blackberry) conduce to Empire ; that is, as much as could any natural Balance of the fame ! He may ftain mouths, as hehasdonfom, but he fliall never make a Politician. The Earth yields her natural increafe without lofing her heart; but if you com once to force her, look your Force continue, or fhe yields you nothing : and the balance of Empire ccnfifting of Earth, is of the nature of her Element. DIVINES are given to fpeak much of things which the Confi- derer 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 Gonfid. /. 23. fays, that Government is founded either upon Paternity, and the natural Advantage the frjt Father had over all the refl of Mankind^ who were his Sons ; or elfe from the increafe of Strength and Fotver infom Man or Men, to whofe Will the refl fubmit, that by their fabmijjion they may avoid fuch mifchief as otherwife would be brought upon them. Which two Vagarys are to be fetch'd home to this place. FOR the former ; If A d a m had liv'd till now, he could have ktn. no other than his own Children ; and fo that he mult have bin King by the right of Nature, was his peculiar Prerogative. But whether the eldeft Son of his Houfe, if the Prevaricator can find him at this time of day, has the fime right, is fomwhat difputable; becaufe it was early when Abraham and Lot dividing Territorys, became fe- veral Kings: and not long after when the Sons of Jacob being all Patriarchs, by the appointment of God, whofe Right fure was not inferior to that of A d a m, tho he had liv'd, came under Popular Go- vernment. Wherfore the advantage of the firfl: Father is for grave men a pleafant fancy ; neverthelefs if he had liv'd. till now, I hope they underftand that th.e whole Earth would have bin his Demeans, and fo the Balance of his Property muft have anfwer'd to his Empire, as did that alfo of A b r a h a m and Lot to theirs. Wherfore this way of Deduftion coms direftly home again to the Balance. Paterfamilias De jure belli, Latifundia pojfidens, & neminem alia lege in fuas terras recipiens quant 1. 1, c. 3. fff ditioni fu£, qui recipiuntur^ fe fubjiciant, efl Rex, fay s G r o T i u s. Fathers of Familys are of three forts, either a fole Landlord, as Adam, and then he is an abfolute Monarch ; or a few Landlords, as of Popular Government. 24^ as Lo T and Abraham, with the Patriarchs of thofe clays ; who if Chap. j. they joined not together, were fo many Princes ; or if tliey join'd, made a rnixM Monarchy ; or, as G r o t i u s beHeves, a kind of Com- mon wealth adminifler'd in the Land oi Canaan byMELCHiSEoEc to whom as King and Prieft Abraham paid Tithes of all that he had. Such a Magiftracy was that alfo of J e t h r o, King and Prieft in the Commonwealth of Midian. Fathers of Familys for the third fort, as when the Multitude are Landlords (which happen'd in the di- vifion of the Land of Camxn) make a Commonwealth. And thus mucli, however it was out of the Prevaricator's head in the place novC deduc'd, he, excepting no further againit the Balance than that it might confift as well in Mony as in Land, had confeft before. HIS fecond Vagary is in his deduction of Empire from increafc of Strength, for which we muft once more round, about our Coalfre. The ftrength wherby this effect can be expefted, confifls not in a pair of Fifls, but in an Army ; and an Army is a Beaft with a great Belly which Tubfifts not without very large paftures : fo if one man has fufficient pafture, he may feed fuch a Beafi ; if a kw have the paflure they muft feed the Bealt, and the Beaft is theirs that feed it. JBut if the People be the Sheep of their own paflures, they are not only a flock of Sheep, but an Army of Lions, tho by fom accidents, as I confeft before, they be for a feafon confinable to their dens. So the advantage or increafe of Strength depends alfo upon the Balance. There is nothing in the world to fwearthis Principle out- of counte- tenance, but the fame of Phalaris, Gelon, Dionysius A G A T h c L E s, N A B I s, &c. with which much good do theni that like it. It is proper to a Government upon the Balance to take root at home, and fpread outwards ; and to a Government againft the Balance to feek a root abroad, and to fpread inwards. The former is fure, but the latter never fuccefsful. AcATHOCLEsfor having conquer'd Jfria^ took not the better root in Sjracufa. Parvi junt armaforas, nifi Jit confiUum domi. To conclude this Chapter ;. the Prevaricator gives me this thanks for finding out the Balance of Dominion (being as antient in Nature as her felf, and yet as new in Art as my Writing) that I have given the mrld caufe to complain of a great difappointment, who, while at my hand that Satisfa^ion in the Principles of Government was expected^ which federal great Wtts had in vainfiudfd, have in diver jifjing Riches in words only as Property, Dominion, Agrarian, Balance, made up no more than a, new Lexicon, expreffing the fame thing that was known before ; feeing the opi- nion that Riches are Power is (as antient as the firil Book of THU- c y d i d e s, or the Politics of A r i s t o t l e, and ) not omitted by Mr. Ho BBS, or any other Politician. Which is as if he had told Dr. Harvey, that wheras the Blood is the Life was an Opinion as antient as M o s e s, and no Girl ever prick'd her finger, but knew it muft have a courfe ; he had given the world caufe to complain of great difappointment in not fhewing a Man to be made of Gingerbread^ and his Veins to run Malmfy. "^^ CHAP. The Trerogative CHAP. IV. Whether the 'Balance of Empire he well divided into National and ^royincial ; And whether thefe tipo, or any Nations that are of dtftinSl (Balance, coming to depend upon one and the fame Heady fuch a mixture creates a new 'Balance, TH E Balance of Empire that is National, as it is ftated in the former Chapter, ftands in a regulated or mix'd Monarchy upon the Property or native Intereft of tlie Nobility ; in a Commonwealth, upon the Property or native Intereft of the People ; fo thefe are very natural. But the Balance of abfolute Monarchy, partaking of Force as well as Nature, is a mixM thing, and not much different from the Balance of Provincial Empire, or the manner of holding a Province or conquer'd Country. In a Province, if the Native that is rich be admitted to Power, the Power grows up native, and overtops the foren : therfore you muft eitlier not plant your Citizens in your Pro- vinces, where in time they will becom native ; or, fo planting them, neither truft them with Power nor witli Arms. Thus the provincial Balance corns to be contrary to the National. And as where En^pire is native or national, the adminiftration of it can be no otherwife than according to the national Balance; fo where Empire is foren or provincial, the adminiftration of it can be no otherwife than con- trary to the national Balance. That this may he admitted without o/'/'o/^w;? the Confiderer is inclining to allow, always provided he be Confid. h i^ f^^^^ff^ ^^ ^^" demand^ Whether dijtinci Balances under the fame Head or 17. ' ' Governor^ as thoje of Caftile and Arragon, the Power of the Kjng (I prefume he means by the Balance of a Nobiliry) being greater in the one^ and that of the People in the other ^ may not fo poije one the other, as to produce a new Balance. To which I anfwer, That no one Govern- ment whatfoever has any more than one of two Balances ; that, ex- cept in the cafes excepted, of Land which is national, or that of Arms which is provincial. Wherfore if the King of Spain by his War a- gainft the Commons alter'd the Balance of Arragon, it muft have bin one of two ways, either by ftrengthning the Balance of the Nobility, and governing the Arragonian People by them, in which cafe their Balance, tho alter'd, remain'd yet National ; or by holding both No- bility and People by a provincial Governor and an Army, in which cafe his Empire in that Kingdom is provincial. There is no third way ; nor, putting the cafe that the Balance of Cafiie be national, and that of Arragon provincial, dos this any more create in the Monarchy of Spain a third Balance of Empire, than did the multiplication of AlToci- ations and Provinces, divers for their Balances, in the Commonwealth of Rome. England and Scotland being united in one Prince, made, if it had bin rightly us'd, an increafe of Strength, but not a third Balance ; nor do the Kingdoms in Spain. Whether a Soverainty has many Territorys and Provinces in fubjeftion, or in League, it is all one as to this point ; the ftronger Union or League will give the ftronger Balance : and the cafe of the prefent Soveraintys in Europe being no other, the more nice than wife Speculation of the Confiderer, who has not bin able to difcern theBalanceof a League from that of Empire, is a Mares neft. CHAP: of Popular Government. CHAP. V. Whether thre he any common %}ght or Jnterejl of SMmkind dipnH from the finrts taken fcytr ally ; and hon> by the Orders of a Com- vmiwealtb it may hejl be difilngu'tfo'd from prl^at Interejl, N the next place the Prevaricator dos not go about to play the man, but the uniucky boy. Where I fay that the Soul of Mm is Mijhefs of two potesit Rivals^ Reafbn and P-tfJio/i ; he dos not ftand to weigh the truth of the thing, or the fitnefs of the comparifon, either of which had bin fair ; but tumbles Dick upon Sis^ the Logic upon the Rhetoric, the Senfe upon the Figure, and feuds away in this manner i"" Jf I could beperfivaded Mr. Harrikgton rvas fo far in earne^y ^ c f^ to 'expect any manfhotild he convinc'd by the metaphorical ufe of two or three 20. rvords^ foni farther conftderation might be proposed. This is to ufe his Readers as the Fox dos the Dogs, when having pift upon his Tail, and Hapt it in their Eys, he gets away. Dos not his Book deferve to be gilded and carry'd in Statefmens Pockets ? Alas ! mine are nothing ? Ouii leget h,ec ? I'cl duo 'uel nemo .• they bi*eak the Stationer. And yet jet me comfort my felf, Whofe are better ? the Prevaricator feems to fet every whit as light by thofe of H o o k e r and G r o t i u s, at leafl where they favor me. The Opinions of Gro t i us, fays he, can- not oblige m beyond the Reafons ivheren they are founded ; and what are thofe ? he will difpute againft that which he dares not repeat : that his Comment may take you by the Nofe, he has left out the Text. The words of G R o T I u s are of this fenfe : The it be truly f aid that the jn Proieg. de Creatures are naturally carry* d to their proper Utility., this ought not to ^e jureB. acP. taken in too general a fenfe ^ feeing divers of them ahflain from their own Profit, either in regard of thofe of the Jame kind, or at leafl of their Toung. Which words, fays the Prevaricator, carry a great rejlriBion in them, and the way of producing Actions in Beafls is Jo different from the emanation of human Reafon (mark the Impoftor ! the Author is fpeaking of natural Affe£lion, and he wipes out that, and puts in human Reafon) that the Inferences from (the natural Affeftion of ) the one^ to the (degree of Realbn which is in the) other, mufl needs be very weak. Excellent ! dos it therfore follow that the eminent degree of • Reafon, wherewithal God has induM Man, muft in him deface that natural Afl^eftion, and defertion in fom cafes of privat for common good, which is apparent even inBeafts? What do reverend Divines mean to cry up this Infidel? Nay, is not heworfethan an Infidel that provides not for his own 'Family ? A Commonwealth is but a great Fa- mily ; and a Family is a little Commonwealth. Even Beads, in fparing out of their own mouths, and expofing themfelves to danger for their young, provide for their Familys ; and in providing for their Familys, provide for their whole Commonwealth ; that is, lorfake in fom things their privat good and fafety, for the good of the public, or of the kind. In th.is cafe it is that even Stones or heavy things^ fays Book i. Hooker, for fake their ordinary wont or center,, and fly upwards to relieve the difrefs of Nature in common. Wretch that he is, fliall a Stone upon this cccafion fly upwards, and will he have a Man to go Kk 2 down- The Prerogative downwards! Yes, Mr. Hooker's Expreffion^ fays he, is altogether figurative ; and it ii easier to prove from thence that things wanting Senfe make Difcourfes^ and act by Ele^ion, than that there ii Juch a thing as a common Intereft of Mankind. This is like the reft, Hooker fpeaks of the neceflity that is in Nature, and this Gentleman tranflates that Senfe into the word Eleltton. So becaufe a Stone is neccffitated to comply with the common intereft of Nature, without Difcourfe or Eleftion ; therfore it rather follows from hence, that things wanting Senfe make Difcourfes^ and a5i by Election, than that there is juch a thing as a common Intereft of Mankind. His old Trick. I do not fay, that becaufe it is fo with the other Creatures, therfore it muft be fo with Man : but as we fee it is with the Creatures in tliis part, fo we find it to be with Man. And that fo, and more than fo, we find it to be with Man (who tho he^e ew7, gives good things to his Children^ will work hard, lay up, deny himfelf, venture his Life for his little Com- monwealth ) is thus further demonftrated. All civil Laws acknow- lege that there is a common Intereft of Mankind, and all civil Laws procede front the Nature of Man ; therfore it is in the Nature of Man to acknowlege that there is a common Intereft of Mankind. Upon this acknowlegement of Mankind, a Man that fteals is put to death, which certainly is none of his privat Intereft ; nor is a riian put to death for any other Man's privat Intereft ; therfore there is a common Intereft of Mankind diftinft from the parts taken feverally. But this, tho acknowleg'd in part by all Governments, yet thro their natural frailty Is nothing fo well provided for in fom as in others : for if the Power be in one or a few Men, one or a few Men, we know, may be Thieves, and the rather, becaufe applying Mony that is public, with- out a confideration that is public, to ufes that are privat, is thieving. But fuch Thieves will not be hang'd ; in this cafe therfore the Govern- ment gos not upon public but privat Intereft. In the frame of fuch a Government as can go upon no other than the public Intereft, confifts that whole Philofophy of the Soul which concerns Policy : and this whole Philofophy of the Soul being throout the Commonwealth of Oceana demonftrated ; for the Prevaricator to infinuat that I have omitted it, is to fhew what it is that he Joves more than Truth. The main of this Philofophy confifts in depofing Paflion, and advancing Reafon to the Throne of Empire. I expected news in this place, that this were to promife more for the Magiftrat or the People than 'has bin per- form'd by the Stoics ; but two Girls, meaning no body any harm, have provok'd his Wrath, forfooth, to fuch extravagancy by the way, that tho in all modefty it were forbid, as he confefTes, by their cheeks, which difcovering the Green-ficknefs, fhew'd that they were paft the rod, he has taken them up ! Tant^ne animis ccelejlihm irx I What he may have in School-Divinity for fo rude a charge, I do not know ; but he fliall never be able to fljew any Maxim for this kind of Difci- plin or Philofophy of the Soul, either in Chevalry or the Politics. The offence of the Girls was no more, than that having a Cake ( by the gift of an Uncle or Aunt, or by purchafe, or fuch a one perhaps as was of their own making ) in common, or between them, the one had moftaccuratly divided, and the other was about to chufe ; when Confid. p. 22, in corns this rude fellow : Hotv now Gentlewomen, fays he, What, dividing ^^' and chufing ! Will no lefs ferveyour turn than the whole My(lery of a well-order d Commonwealth i Who has taught you to cafi away Pajfion, ari't pleafe jouy * tike of Popular Government. 255 like the Br an^ and ivork uf Reafin as fure as the Flower of your Cake? Chap. -?. Are jou acquainted rvith the Author of Oceana, that has feen for en uiment efiablifh''d upon an equal A- grarian, arifing into the Huper fractures or three Orders, the Senat debat- ing and propoftng, the People refolving, and the Magiftracy executing, by an equal Rotation, or interchangeable Election, thro the fufrage of the People given by the Ballot. The Exemplification is the whole Common- * Deus Popu\i Judaic! Rex erac veluti politicus, & civilis Legiflatcir. In Diatriba de Voto Jcphthx, LI 2 wealth The Prerogative wealth of Oceafja. Each of which by him, who, if his DoQrin of pure and abfokite Monarchy beobferv'd, can be no Englijhman^ iscall'd an Iriflj Bog ; as in fom fenfe it is, feeing the Prevaricator has fet -^ever Confid. h 45. a foot in it that will ftand, nor has more to fay, than that Where there is one amhitiotts foor man^ or one vicious rich man, it is tmpojfible there (hould be any juch Government as can he fecure from Sedition. WHICH, Firft, is rather to make all Governments ineJeclual, or to make all Governments alike, than to objefl: againll any, feeing That there fhould not be one ambitiom -poor man^ or one viciom rich man^ is equally, if not more, improbable in a Monarchy than in a Common- wealth. S E QO N D L Y, That one man alone, whether he be rich or poor, fliou Id without a Party be able to difturb a Commonwealth with Se- dition, is an abfiirdity ; nor isfuch a party, as may be able in fom fort to dirturb the Peace by robbing upon the Highway, or fom fudh dif- order, alwaysable to difturb a Government with Sedition. Wherfore this feat gos not fo much upon the ability of any one man, rich or poor, as the Power of the Party he is able to make ; and this ftrength of the Party gos upon the nature of the Government, and the content or difcontents thence deriving to the Few, or the Many. The Difcontents, whether of the Few or the Many, derive from that W^hich is, or by them is thought to be fom bar to their Intereft ; and thofe Interefts wliich are the caufes of Sedition are three, the defire of Liberty, the defire of Power, and the defire of Riches ; nor be there an\ more : ior where the People thro want of Bread, thro Vio- lence oft'er'd to their Women, or CSppreffion, rife up againft their Governors, it relates to the defire of Liberty ; thofe alfo under the Uamfc of Religion make not a fourth, but com to one of the three. NO W to (peak in the firft place of the Many, and anon of the Few ; the People in an equal Commonwealth have none of thefe three Interefts : Not the defire of Liberty, becaufe the whole Frame of aa equal Commonwealth is nothing elfe but fuch a method wherby the Liberty of the People is fecur'd to them : Not of Power, becaufe the Power which otherwife they could not exercife, is thus eftated in them : Nor of Riches, becaufe where the Rich are fo bounded by an Agrarian that they cannot overbalance (and thertbre neither opprefs the People, nor exclude their Induiiry or Merit from attaining to the like Eflate, Power, or Honor) the who'e People have the whole Riches of the Nation already equally divided among them ; for that the Riches of a Commonwealth fliould not go according to the diffe- rence of mens Induftry, but be diftributed by the Poll, were inequal. Wherfore the People in an equal Commonwealth having none of thofe Interefts which are the caufes ol Sedition, can be fubjedt to no fuch effeft. T O affirm then with the Confiderer, that the whole of this Libra- tton is reduced to the want of Power to dijlurb the Commomvealth, muft needs be a miftake, feeing in the Commonwealth propos'd the People have the Power, but can have no fuch Intereft ; and the People having no fucli Intereft, no Party can have £ny fuch Power, it being impofli- ble that a Party fhould com to overbalance the People, having their Arms in their own hands. The ivhole matter being thm reduc'd to the tvant oj Power to dijiurh the Government ; this, according to his own Argument, will appear to be the Libration in which the Power, wherof -i- the of Popular Government. 261 the Governor is foffefi, fo vafily excedes the Power remain'mg with thofe Chap. Sj who are to obey (which in cafe of contert muft be fo fmall a Party) .~ i-Z^V-'V-' minion in any of the three kinds may befaid to be natural, in regard of the effeft ; yet feeing God has given the Earth to the Sons of Men, that of a fole Landlord, as Turky, is not fo natural in the caufc or foundation, as the Timars, and thcrfore requires rl;e application of fom kind of force, as the ^mizarjs, who are not the root of the Go- vernment, that being planted in the Earth of the 7'/;«/r?-j-, ormilirarj/ Farms and Colony s (for that tlie Janizarjis arc not the Foundation of this Empire, which was founded long before, is plain, in that this Order was not introduc'd till Amur a t h the Second ) but the Dragon that lys at that root ,and without which the Fiuit would fall into the mouths of the Timariots by way of Property (as when the Knights Fees granted firft for life, became afterwards hereditary in Oceana^ which would caufe fuch a Ikll from Monarchy, that it would becom, as we have feen, the rife of popular Power (the Lots, m cafe this fliould happen, of the Timariots, little differing Irom thofe divided by Joshua to the Children of Ifrael) whertore when this happens in the Turkiflj Monarchy, it is at an end. And that this dos not happen, tho there be divers other concurrent Policys, I would have anyman fhew me, how it could be hut for the Jamzarjs. Otherwife it is plain that the Jamzarjs being a flying Army, on wing at all games, and upon all occafions, are not fo much the Guard of the Prince, as of the Empire ; which ruinM, the Prey falls to the Timariots, as thofe that are irhpolTefllon, except thefe be ruin'd too, who being all Horfe, and far greater in number than the Ja^izarjs that are Foot, would (in cafe the aw of the Prince, and the Policy of the Government which holds them divided, were broken) be invincible by the Ja- mzarys, who neverthelefs by thefe aids can eafily contain t'.em. Whence the Sedition of the Janizarys, like that of a A'oklttj/, ma) be dangerom to the Prime, but never threatens the 1 hrone ; wherof the Se- dition of the Timariots, like that of a People, rvould he more agkinft the Throne than the Prince. Thefe things Cdufider'd, and in them the Nature, Conftitution, or Difeafe of Monarchy by i^rms, we may confult the more rationally with the Conlidcrer upon the Applications or Remedys by him ofe'd, which are three. FIRST, That the Guards of the Kj»g''^ Per fan be not increas''d be- yond the neceffity of Security. But of what Security, that of his Per- fon, or of his Empire, or of both? for fpeaking of a Monarchy by Arms, in this latter fenfe only it is true; and if fo, then this /Ingular Maxim of State (^frufira fit per flura^ quod fieri potejl per paucwra ) might have bin fpar'd ( Cela s'en va fans k dire, comrne les heures de nojtre cure. ) SECONDLY, That they be not fufer'^d to fiagnat at Court, but be by a perpetual circulation drawn out upon jervice ; for if thej'e be not per- petual fervice, it fhould feem, men might be apt to think that Govern- ment was inftituted for Peace as well as War. I add no more ilian is " imply'd in his words, which as to this of Tarky have chanc'd well; where not the Stagnation of the Janizarys only, but of the Court it felf (which by the inilitution Hiould always be in exercife of Arms) is the caufe of that prefent decay, fo perceivable in this Hmpire. But the Prince fitting ftill or flagnating, to what the Circulation of the Janizarys (whofe Alienation from the Government, or Luelligence wkhihQTmhtriuts, mufi: needs be of dangerous confequeiKe) could tend. of Popular Government. 26^ tend, fiiOLiId have bin thought on : otherwife to expofe the Empire to Chap. 9* danger for the fafety of the Prince, is no cure of the Government. v->"v~>k^ BUT his chieF Remedy remains : This Court Mi/itia mufi not con- ffl of one intire body united wader the fame head, but be divided under feve- rd Colonels, Cap Aim ^ Partys^ Brigades^ and diftributed to feveral Quarters. As if this vveie a cure, there were any Army that could be mutinous : but where he fa\'s, not united under the fame Heady he intimats perhaps divers Generals, and divers Armys; now fuch are the Turkijh Beglerbegs, and. the Provinces under their Governments. Thatthefe therfore be kept divided, fo that not any two of them can lay their heads together without having them cut off, nor any Son fuccede the Father in Government, requires that there be always a fufficient force (diftinft from the Interelt of thaTimariotsand Begler- begs^ united, and ftill ready upon occafion of this fervice; and the Janizarjs with the Spahjs or Court- Horfe being united, are no more than fufficient for this fervice. Wherfore if thefe alfo were fo di- vided as therby to be weaken'd, they could not be fufficient for this fervice ; and their divifion, except fuch as might weaken tliem, would be ot no fecurity to the Prince, That the Provinces, under this aw, are lefs apt to rebel, than the Court-Guards to mutiny, is no wonder ; but the Court-Guards being cur'd by the prefcription of this Phyfician, of the poffibility of Mutiny, which without weakening them is im« pofTible, the Provinces, if Liberty, or Riches, or Power be defirable, would never indure the yoke of this Government. Wherfore it being inavoidabJe in the Turkifh Empire, that either the Janiz,arjis, or the Ttmariots may do what they lift (in regard that whether ot them be able to give Law to the other, muft at the fame time be able to give Law to tlie Prince ; and to bring them to an equal Balance, were to make a Civil War, or at leaft to few the Seed" of it) the native Wound of Monarchy by Arms remains incur'd and incurable. What more may be don for Monarchy, founded upon a Nobility, corns next to be try'd. In this the Confiderer gives his word, that there never /ijcs afiy danger to the Crown, but when either a great fart of the Save- rain Bower iiput into the hands of the Nobility, as in Germany and Po- Confid. ^ 47^ land ( where it fbould feem by him, that the EleQors and the Gentry do not put Power into the hands of the Emperor, or King, but the Emperor or King puts Power into the hands of the Eleftorror Gen- try) or when forn Per [on or Family is fuffer''d to overtop the reft in Riches ^ Commands, and Dependence, as the Princes of the Blood and Lorrain, not long f nee, /« France; and of old the Mo NT forts and Nevils in England. The firll of thefe he declares to be a viciom Govermaent^ and a Monarchy only in name : The fecond he Undertakes fhall eafly ad- mit of this Remedy; That the great ones be reduc''d (decimo fexto) to a lejfir Volu}n, and levePd into an Equality with the reji of their Order. H \% Putpin is pretty : The Emperor puts Power into the hands of the ..El<-clors ; and the Kjng of PoXzndputs P ower into the hands of the Gen. tlemen : Which Governments therfore (and ail fuch like, as when the King of England did put Power into the hands of the Barons, at fuch a time as he was no longer able to keep it out of their fingers, by which means the antient and late Government of King, Lords and Commons, was icftor'd) are vicious Conjlitutions, and Monarchys only in name '^ fucliashewill not meddle with, and therfore lee them go. Well; but where, is the Patient theni if thefe be not Monarchys by Nobility^ vvhai 2^o ^^^ Trerogative Book I. what do we mean by that thing? or what Government Is It that we *->'^^''"V-i are to cure? Why fucha one, %vhere fom Per [on or Family u fujfer'd to overtop the refl in Riches, Commands^ and Dependence, as the Princes of the Blood and Lor rain, not long Jince^ in France ; and of old the MoNTFORTS and the Nevils in England. So then the fame again (forthefe are no other) upon recolledion, are thofe that ad- mit of this eafy cure. Let the great Ones be reduc''d to a lejfer Volum^ and leveVd with the rejl of their Order, But how ? if they be the weaker Party, they are not the Great Ones ; and if they be the ftronger Par- ty, how will he reduce them? Put the cafe a man has the Gout, his. Phyfician dos not bid him reduce his overtopping Toes to the Volum of the other Foot, nor to level them to equality with the reft of their Order, but prefcribes his Remedys, and inflitutes the Method that fliould do this feat. What Is the Method of our ^ s c u l a p i u s ? Point de Novelle ; or where are we to find it ? e''en where you pleafe. The Princes of the Blood, and of Lorrain in France ; the Mont- forts and the Nevils in England, overtop'd not their Order by their own Riches or Power, but by that of the Party, which for their Fidelity, Courage, or Conduft, intruffed them with the ma- naging ot, their Arms or Affairs. So the Prince that would have levePd them, muft have level'd their Party ; which in cafe the Controverfy be upon the Right, or pretended Right of the Nobility in the Govern- ment, which commonly makes them hang together, may com to the CAU.h 49- whole Order: what then? Why then, fays he, the Prince mult pre- ferve his Nobility weighty enough to keep the People under, and yet not tall enough in any particular Perfon to meafure with himfelf : which, abating the figure, is the fame again ; and fo I have nothing to anfwer but the figure. Now for this, the Prince himfelf is no otherwife tall, than by being fet upon the fhoulders of the Nobility , and fo if they fee another upon the fame fhoulders (as in He n r y the A,th or the -jthy who had no Titles to the Crown, nor could otherwife have meafur'd with the Prince) be he never folow, he corns to be tall enough in his particular perfon to meafure with the Prince, and to be taller too, not only by thofe old examples, but others that are younger than our felves, tho fuch (the Nobility having not of late bin weighty enough to keep the People under) as derive from another Principle, that of popular Balance. A Prince therfore preferving his Nobility weighty enough to keep the People under, muft prefcrve in them the balance of that kind of Empire : and the balance containing the Riches, which are the Power, and fo the Arms of the Nation ; this being in the Nobility, the Nobility, when willing, muft be able to difpofe ^ of the King, or of the Government. Nor under a lefs weight is a Nobility qualify'd to keep down the People, as by an Argument from the contrary. Henry the -jth having found the ftrength of his Nobility, that fet him in a Throne to which he had no right, and fearing that the Tide of their Favor turning, they might do as much for another, abated the dependence of their Tenants, and cut oft' their 'J'rainof Retainers; which diminution of their weight, rcleafing the People by degrees, has causM that Plain or Level into which we live to fee the Mountain of that Monarchy now funk and fwallow'd : wherfore the Balance of the Nobility being fuch as failing, that kind ot Monarchy corns to ruin ; and not failing, the Nobility, if they join, may give Law to the King, the inherent difeafe of a Monar- * chy of Topdar Government, 271 cby by a Nfobility remains alfo uncur'd, and incurable. Chap. 9. THESE are points to which I had fpoken before ; but fomthing rh^f'^ concerning France and foren Guards was mumbl'd by the Prevaricator France,""" in a wrong place, while he was fpeaking of Turkj, where there is no fuch thing. This, left I be thought to have courted oppofition for nothing, fhall open a new Scene ; while I take the occafion in this place to fpeak firft of the Balance of the French Monarchy, and next of the Nature and Ufe of Foren Guards. THE whole Territory of Frame, except the Crown Lands, which on this account are not confiderable, confifts of three fhares or parts, wherof the Church holds one, the Nobility another ; and the Prefidents, Advocats, other Officers of the Parlaments, Courts of Juftice, the Citizens, Merchants, Tradefmen, the Treafurers, Re- ceivers of the Cuftoms, Aids, Taxes, Impofitions, Gabels, all which together make a vaft body, hold a third : by how equal Portions I anj forty that I do not know, nor where to learn ; but this is the Ba- lance of ihe French Monarchy, to which the Peafant holding nothing, but living (tho in one of the befl: Countrys of the World) in the meaneft and moft miferable condition of a Laborer, or Hynd, is of no account at all. THE Partys that hold the Balance in a Territory are thofe of whom the Government dos naturally confift, wherfore thefe are call'd Eftates; fo the Clergy, the Nobility, and the Commons, are the three Eftates of France. Tho the third, becaufe the Peafant partaking not of the Balance can (in relation to Government) be of no account, is not call'd the Commons, hut only the third Eflate : wheras the Yeomanry and Gentry in England having weigh'd as well in the Ba- lance as the Church and the Nobility, the three Eftates of England (while the Monarchy was in vigor) were the Clergy, the Nobility, and the Commons. The Confent of Nations evinces that the Function Grorius de of the Clergy J or PrieJ}^ except where other wife deterfnin'^d by Larv^ apper- imp- Sum. Po?, tains to the Magi/lrat. By this right Noah, Abraham, Job, c.^" 3^4.' mth the refi of the Patriarchs, inJhuSled their Familjs^ or facnfic''d. There feems to have bin a kind of Commonwealth in Canaan, while Melchisedec was both Kjng and Priejl. Such alfo was Moses till he confecrated Aaron, and confer'' d the Priefihood upon the Levits, who are expreflyfaid to faccede to the frjlborn^ that is to the Patriarchs^ who till then exercis''d that Function. Nor rvas it otherwife with the Gentils, where they, who had the Soverain Power, or were in eminent Mt- giftracy^ did alfo the Priefily Office (omnino apud veteres qui rerum potiebantur, iidem Auguria tenebant: ut enim fapere, fie divinare, regale ducebant,/4;\y Cicero; and Virgil, Rex Anius, Rcx idem hominum, Phoebiq^ue Sacerdos.) Tou fnd the Heros, that it PrinceSj in Poets, facrifcing. T/'e Ethiopian, Egyptian, Lacedemo- nian KJfigs did the like. In Athens conflantly and in Rome, when they had no Kjngs, occafionally they elected a Rex facrorum, or ¥Jng Priejt. So that a iree People had thus far Power of elefting their Priefts, is not deny'd by any man. This came, it fhould feem, to be other wife w# BUT for a Politician commend me to the Confiderer, he will have Rome to have bin an equal Commonwealth, and Venice to be an ine- qual one, which muft be evinc'd by wiredrawing. For having elf- where, as has bin fhewn, admitted without oppofition that the Balance of Empire is mil divided into national and provincial ^ the humor now^^jj^^j^^^ j^^ takes him to fpin that wedg into fuch a thred, as by intangling of ' ' 69! thefe two, may make them both eafy to be broken. Hereto he be- "°- takes himfelf in this manner. As Mr. Harrington has well oh- [erv'd (p. 40.) where there are two Partys in a Republic with equal Power (as in that (?f Rome, the Feofle had one half, and the Nobility had the other half ) Confufion and Mifery are there intatPd. For remedy wher- of, or to avoid this, there can be no way hut to make the Com?nomvealth ve- ry inequal. I N anfwer to this, there will need no more than to repeat the fame things honeftly. Mr. Harrington fpeaks of the national Ba- lance of Empire C/*. 40.) tothisfenfe: Where the Nobility holds half the Property y or about that proportion^ and the People the other half (the fhares of the Land may be equal ; but in regard the Nobility have much among Few, and the People little among Many, the Few will not be contented to have Authority, which is all their proper fliare in a Commonwealth, but will be bringing the People under Power, which is not their proper fhare in a Commonwealth ; wherfore this Commonwealth muft needs be inequal. And except by altering the Balance, as the Athenians did by the Sifatihia, or recifion of Debts ; or as the Romans went about to do by an Agrarian, it be brought to fuch an equality, that the whole Power be in the People, and there remain no more than Authority to the Nobility ) there is no remedy hut the one (with perpetual feud) will eat out the other ^ as the People did the Nobility tn Athens, and the Nobility the People in Rome. Where the Carcafe is, there will be the Eagles alfo; where the Riches are, there will be the Power. So if a few be as rich as all the reft, a few will have as much Power as all the reft; in which cafe the Common-, wealth is inequal, and there can be no end of ftaving and tailing, till it be brought to equality. Thus much for the national Balance; For the provincial, there Power dos not follow Property, but the contrary : This the Prevaricator having acknowleg'd, lets flip, tO the end he may take a gripe of Venice^ which ( becaufe the three or four thoufand of which originally confifted, and now confifts that whole Government, having acquir'd Provinces, and increafe of their City by later comers, do not admit thefe to participation of Power) he fays is an inequal Commonwealth. He will be a Mill- horfe, whether the Cake be dow or not; for this is to draw in a circle: and Rome, whicJi by his former Arguments fhould have bin equal, by this again muft be inequal, feeing Rome as little admitted her Provinces into the body of the Commonwealth, as dos Venice. This clafiiisbut by way of Parenthefis; to return therfore to thebufinefs in prefent agitation. THE Eftates, be they one, or two, or three, are fuch (as was faid) by virtue of the Balance, upon which the Government muft naturally depend. Wherfore conftitutively the Government of France (and all other Monarchys of like Balance) was adminifter'd by an N n AlTembly 2yA The Prerogative Book I. AfTembly of the three Eftates ; and thus contiiiii'd till that Nation being vanquifli'd by the Ersglijhy C h a k t, e s tlie -jth was put to fuch fhifts as, for the recovery of himfelf in the greateft diftrefs, he could make. To which recovery, while the Eftatcs could not be le- gally caird, he happening to attain without them, fo order'd his affairs, that his Succeffors, by adding to liis Inventions, came to rule without this AfTembly ; a way not futing with the nature of their Balance, which therfore requir'd fom Afliftance by force, and other concurring Policys of like nature, wherof the foren Guards of that Monarchy are one ; the great baits alluring the Nobility another ; and the emergent Intereft of the Church a third. T O begin with the laft of thefe ; the Church ( except it be in a War for Religion, as when they join'd with the Princes of Lorrain^ and what Party of the fremh Nobility were made, or they could make againft the King of N^var^ are not of themfelves fo hot at hand, or promt to Arms: but the King being (to ufe their word) no Heretic, thro their great apprehenfion of the third Eftate, as that which is moft addifted to the Proteftant Religion, may be confident they will never fide with the People. So by this emergent Interell or Accident he has the Church fure enough. FOR the Nobility, which is exceding gallant, this Change has the greatell: baits ; for wheras the Church being not fpar'd, the third . Eftate is laden, and the Peafant overladen with Taxes, the Nobility is not only at better eafe in this regard, but for the greater or more confiderable part, receives advantage by it : the King having alvi^ays, whether in Peace or War, a great Cavalry, than which there is no better in the world for the Exercife, Entertainment, and Profit of the Nobility ; Governments of Citys, Caftles, Provinces in abundance, which he rarely diftributes to any other. The greater Nobility are Marechals, Generals ; the lefs Officers in the Armys, fpecially of the Horfe, the Emoluments wherof they receive alfo in time of Peace; and many of this Order being Penfioners, tafte of the King's Libera- lity, without taking pains, or having any Imployment at all. By which both that France is a Monarchy by a Nobility, and how flie holds her Nobility, is apparent. NOW the Church and the Nobility ftanding thus ingag'd to the King, by which means he has two parts of the Balance to one, it is demonftrable that the Government muft be quiet. Nor, feeing the Church for the reafon fhewn is fure enough, coms the Government ( fince the Proteftant Citys and Holds were demolifh'd ) to be otherwife difquieted than by the flying out of the Nobility, which, whenever it happens in any party confiderable, either for the Number, or the In- tereft, caufes the Crown to fliake ; for it feldom coms to pafs upon this occafion, but the third Eftate, or fom part of it, takes Arms im- mediatly. In which place it is worthy to obferv'd, that Wealth, ac- cording to the diftribution of the Balance, has contrary motions. The third Eftate in France having Riches, and thofe laden with Taxes, com to have fomthing to lofe, and fomthing to favc : which keeps them in continual fear or hope. The Nobility holding to the King, the third Eftate has fomthing to lofe, which withholds them from Arms thro fear ; but the Nobility flying out, the third Eftate has fomthing to fave, which precipitats them into Arms thro hope : wheras the Peafant having nothing to fave or to lofe, to hope or to fear, * never of Popular Government, ^jit never ftlrs. The cafe ftanding thus, the fufficiency of the Fref!c/j Chap, 9. Politician (fince the Maflerpiece of Cardinal Rich lieu, in de- >-sjo molilliing thofe Walls of the Proteftants, which had orhervvife by this time bin a Refuge for the third Elfate, and perhaps overturn'd the Monarchy ) lys altogether in finding for the Nobility work abroad, or balancing them in fuch fort at home, that if a Party flys out, there may be a ftronger within to reduce it, or at leaft to be oppos'd to it. In this cafe, left the native Intereft of the Nobility, fince the AlTem- blys of the three Eftates were abolifh'd, might cool the remaining Party, or make them flower in the redrefs of fuch Diforders or Dif- contents than were requifit, the King is wifely provided of Foren Guards ; which being always in readinefs, and not obnoxious to the native Intereft, may upon like occafions be of more Expedition and Truft. Being com thus to foren Arms, which is the point I more efpecially proposM to my felf in the prefent Difcourfe, one Objeftiorj in relation to what has bin already faid, feems to interpofe it felf. Seeing France, while it is not govern'd by the Aflembly of States, is yet of the fame Balance it was when govern'd by the AfTembly of States ; it may be faid that a Government of the fame Balance may admit of divers Adminiftrations. T O which I need make no other anfwer, than to put you in mind that while this Government was natural, or adminifter'd by the AfTem- bly of States, it is celebrated by Macchiavel to have bin the beft order'd of any Monarchy in the world ; and that what it is, or has bin of later times, you may believe your own eys or ears. THERE be yet, before I can com to foren Guards, fom previous ''/.^'■^^^ '«»'^ Confiderations. All Government, as is imply'd by what has bin already '*"' ^"'^' fhewn, is of thefe three kinds : A Government of Servants : A Go- vernment of Subjects ; or, a, Government of Citizens. The firft is ab- folute Monarchy, as that of Turky : The fecond Ariftocratical Mo- narchy, as that of France: The third a Commonwealth, as thofe of JJrael^ of Rome ^ of Holland. Now (to follow Ma c c hi A v el . in part) of thefe, the Government of Servants is the harder to be conquer'd, and the eafier to be held : The Government of Subjefts is the eafier to be conquer'd, and the harder to be held. To which I Ihall prefume to add, that the Government of Citizens is both the hardeft to be conquer'd, and the hardeft to be held. MY Authors Reafons, why a Government of Servants is the hardeft to be conquer'd, com to this, that they are under perpetual Difciplin and Command, void of fuch Interefts and Faftions, as have Hands or Power to lay hold upon Advantages or Innovation ; whence he that invades the Turk mufl: truft to his own ftrength, and not rely upon Diforders in the Government, or Forces which he fhall be furc enough to find united. HIS Reafons why this Government, being once broken, is eaCily held, are, that the Armys once paft hope of rallying, there being no fuch thing as Familys hanging together, or Nobility to ftir up their Dependents to further Reluftancy for the prefent, or to preferve themfelves by complacence with the Conquerors for future Difcontents or Advantages, he that has won the Garland has no more to do but to extinguifli the Royal Line, and wear it ever after in fecurity. For the People having bin always Slaves, are fuch whofe condition he may better, in which cafe they are Gainers by their Conqueror, but can Nn 2 never 2-7 6 ^/''^ Trerogative Book I. never make worfe, and therfore they lofe nothing by him. Hence \-/'V'^V-< Alexander having conquer'd the Perjiafj Empire, he and his Cap- tains after him could hold it without the leaft difpute, except it arofe among themfelves. Hence Mahomet the Second having taken CofifiamtKople^ and put Palteologus the Grfec Emperor (whofe Government was of like nature .with the Perfian) together with his whole Family, to the Sword, the Turk has held that Empire without reludancy. O N the other fide, the Reafons why a Government of Subjefts is eafilier conquer'd, are thefe : That it is fupported by a Nobility fo an- tient, fo powerful, and of fuch hold and influence upon the People, that the King without danger, if not ruin to himfelf or the Throne (an example wherof was given in Hen. jth of Englmd) can nei- ther invade their Privileges, nor level their Eftates ; which remaining, they have power upon everv difcontent to call in aA Enemy, as Robert Count of Artois did the Englifh, and the Duke of Guife the Spaniard into Frame. THE Reafons why a Government of Subjefts being fo eafily con- quer'd, is neverthelefs the harder to be held, are thefe : That the No- bility being foon out of countenance in fuch a cafe, and repenting themfelves of fuch a bargain, have the fame means in their hands wherby they brought in the Enemy, to drive him out, as thofe of Trance did both the Englijh and the Spaniard. FOR the Government of Citizens, as it is of two kinds, an equal or an inequal Commonwealth, the Reafons why it is the hardeft to be conquer'd, are alfo of two kinds ; as firft, the Reafons why a Go- vernment of Citizens, where the Commonwealth is equal, is hardell to be conquer'd, are, that the Invader of fuch a Society muft not only trult to his own ftrength, inafmuch as the Commonwealth being equal, he muft needs find them united, but in regard that fuch Citizens, be- ing all Soldiers or train'd up to their Arms, which they ufe not for the defence of Slavery, but of Liberty (a condition not in this world to be better'd) they have more fpecially upon this occafion the highelt Soul of Courage, and (if their Territory be of any extent) thevafteft Body of a well difciplin'd Militia that is poffible in nature : wher- fore an example of fuch a one over com by the Arms of a Monarch, is not to be found in the World. And if fom fmall City of this Frame has . happen'd to be vanquifh'd by a potent Commonwealth, this is her Prerogative^ her Towers are her Funeral Pile^ and /he expires in her own flame, leaving nothing to the Conqueror but her Afbes, as Sa gun turn over- jvhelm'd by Carthage, and Numantia bj Rome. THE Reafons why a Government of Citizens, where the Com- monwealth is inequal, is, neJiC the former, the hardeft to be conquer'd, are the fame, with this difference, that tho her Peace be not perfeft within, her condition is not to be better'd by any thing without. Wherfore Rome in all her ftrife never call'd in an Enemy ; and if an Enemy upon occafion of her ftrife, and hopes of advantage by it, came without calling, he prefented her with her moft Soverain Cure, who had no leifure to deftroy her felf, till having no Enemy to find her work, fhe became her own. -Nondum tihi defuit hojlis, In te verte manus- .\. Nor of Popular Government. 21 j Nor Is there any example that a Government of this kind was ever Chap. 9:. fubdu'd by the Arms of a Monarch ; tho fom mdeed may be found v-^'v'a^ that have calPd or fuffer'd foren Princes or Force to com in, as Holland by Marriages of their Princes, and GenoA thro her Faftions, as thofe of the F I ESC I and Adorn i. Guic.Ln. T conclude this part as to the Reafons why a Government of Ci- tizens fo acquir'd- or polTeft, as thro Marriage, or Faftion, is the hardefl: to be held, there needs no more than that men accuftom'd to their Arms and their Libertys will never indure the Yoke. Wherfore the Spaniard, tho a mighty King, no fooner began in Holland, a fmall * Commonwealth, to innovat or break her Orders, than fhe threw him off with fuch Courage and Difdain, as is admirable to the World. And fom what of the like kind did Genoa by the help of her Do r i a in the vindication of her Liberty from France. TO com by this fartheft way about as I think the neareft way home: Arms are of two forts, Proper or Improper; that is, Native ^''"Z'^'' ''"''''»' or Foren. ^"i" ^'""'^ PROPER and Native Arms are, according to the triple nature of Government, of three kinds ; Servants in Arms, as the Helots in Lacedemonj the Timariots and Janizarjfs in Turkj ; Subjefts in Arms, as the Horfe in France, and the Seaguards or Forces in Fenice ; or Ci- tizens in Arms, as thofe upon the Lexiarcha in Athens, of the Mora in Lacedemon, and the Legions in Rome. IMPROPER or Foren Arms are of two forts; Auxiliarys, and Mercenarys AUXILIARYS are fuch as are fupply'd by virtue of fom League, as were thofe of the Latins and Italians to the Romans ', and thofe of the Cantons of Stvifs (except Zjtric) to the King of France: or they may be fuch as are occafionally lent freely, or let forth for Mony by one State to another, the latter wherof ditier not much from Mercenarys. MERCENARYS are Soldiers of Fortune that have no other Trade than their Arms, and let out themfelves for Mony ; of fuch confifted the greateft part of the Carthaginian Strength, fuch is the Land Force of Venice, and, notwithftanding the antient League of France with thofe Nations, fuch at this day are the Smfs and Scotijh Guards ( and fomtimes a good part of the Foot) in France. MACCHIAVEL difcourfes upon thefe Particulars in his Art of War, to admiration : by whom I fhall therfore fteer. W'H ERE the Arms in bulk are proper, and confifting of Citizens, they have other Trades, and therfore are no Soldiers of Fortune ; and yet becaufe the Commonwealth has Arms for her Trade (in regard ihe is a Magifir at given for the good of Mankind, and bears not her Sword in vain) they are all educated as well in Military as Civil Difciplin, taking their turns infervice of either nature according to the occafion, and the Orders of the Commonwealth, as in Ifrael, Athens, Lacedemon^ and Rome, which had ( if their Territorys permitted, and fomtimes, as I may fay, whether their Territorys permitted or no, as in Ifrael^ the vafteft, the higheft temper'd, and the bed: difciplin'd Militia, that is to be found in the whole compafs of Story. Som Armys of Jfrael have confifled of three or four hundred thoufand men : Roms Upon the rumor of a Gallic Tumult, arm'd in Italy only, without Plin. L.MmU foren Aid, feventy thoufand Horfe and feven hundred thoufand Foot ; 11°;^^^^°'^^;^" things coss. syS ^'^^ Trerogative Book I. things in our days ( when the Turk can hardly arm half fo many ) not i-Z'V'"^-' to be credited. HENCE that a Commonwealth, which had. not fir [I broken herfelfy or bin broken by fom other Commonwealth^ jjjoald not be found to have bin conquer''d by the Arms of any Monarch, ii not miraculous, but a natural effect of an apparent Caufe. In this place, or upon this Text, Divines whom I would defire not to be Enemys of popular Power, but to give Macchiavel his due, fhall, if they pleafe, hear him make a Arte delia goodly Sermon, in thefe words : Jfantient Commonwealths and Govern- Guer. jproem. ^gfits us''d Diligence in any other Order to make their People lovers of Peace J faithful to their Country^ and to have the fear of God before their eys, they doubPd it in this of their Militia : for of whom jhould your Country expeB greater Faith^ than of fuch as have offer'' d themfelves to . dy for her ? Whom jhould jJje indeavor to make greater Lovers of Peace ^ than them who only can inflave her by force ? In whom fljould there be greater Fear of God, than in fuch as carry their Lives in their hands ? ThiSy when Lawgivers and Captains rightly cipjider''dy was the caufe why Soldiers mre ejleem'd, honor'* d^ fotlow''d, and imitated above all men in the World; wheras fmce fuch Orders are broken, andCuftom is altogether de- viated from the courfe of antient Prudence, men are com to detefl the Ini- quity of the Camp, and fly the Converfation of fuch as are in Arms, as the Feftilence. Where the Arms in bulk are proper, but confift of Sub- jjefts, they are the beft next ; and but the beft next, as appears by all Examples antient and modern. The Arms with which P y r r h u s Prince of Epyrus invaded the Romans, were of Subjefts ; yet that Prince, tho he was not vanquifh'd by the Romans, confeft their ad- vantage, and gave them over. The Spaniard being a far more po- tent King than was P y r r h u s, has acknowleg'd as much to the Hollanders, tho a far lefs Commonwealth than Rome : So have the Princes of Auftria, and of Burgundy, to the Switzers. That the Arms of Subjefts are neverthelefs as much fuperior to the Arms of Servants, as inferior to the Arms of Citizens, is as plain; feeing as Alexan- der, with thirty thoufand Subjefls, vanquifh'd Darius, having innumerable Slaves ; fo thirty thoufand Chriftians are at this day a match for any Army of Turks ; and we fee Venice, whofe Force by Sea confifts of Subjefts, to have made him quit that Element near as fully to her Dominion or Empire, as did the Perfian to Athens. T O Arms that are proper, but confift of Servants, all the pre- eminence that can be given is, that they arebetter than foren Arms; a proof wherof we have in thofe of Selimus, wherby he con- quer'd the Mamalucs ; who being but a foren Force that held Egypt in ' fubje£lion, the Country was irrecoverably loft, and, for the reafons already fhewn, as eafily kept. IMPROPER Arms, whether Auxiliary or Mercenary, where the Force of a Prince or of a Commonwealth confifts, for the bulk or greater part, of no other, are the leaft effeftual, and the moft dange- rous of all. For Auxiliarys, or whatefteft has bin found of them by Princes or Commonwealths, it was feen in France during the League by the Spaniard ; and in Holland during the Reign of Queen Eliza- beth by the Englifh ; but efpecially in the Goths and Vandals, who having bin Auxiliarys or Mercenarys, rely'd upon by the later Em- perors, came therby to ruin the Roman Empire. * MERGE- of Popular Government, 279 KlERCENARYS who make their Arms their Trade, muft of Chap. 9. all others be the moft pernicious ; for what can we expeft lefs of fuch t-^s^'V'''^^ whofe Art is not otherwife fo profitable, than that they fhould (as Macchiavel fliews) he breakers of their Faith, given up to Rapm. Enemys of Peace and Government ? TO inftance in fom Commonwealths, that of Carthage after her firft War with the Romans, fell thro the Rebellion ofSpENDius and Matho, Ringleaders of her Mercenarys, into another that was far more dangerous. Of fuch a Dilemma were the Arms of this State, that if Hannibal had conquer'd Rome, he muft have bin King of Carthage ; and not conquering Rome, Carthage was ruin'd. The Com- monwealth of Milan, trufting her felf to F. Sforza and his Mer- cenarys, became the Subjeft of her Servant, and he her Duke. Nor is Venice, whofe land-Forces are of the fame kind, otherwife in fafe- ty as to thefe, than by her Situation. To give fom inftances of the fame nature in Princes : The Father of F. S f o r z a being Captain of a like mercenary Army, forc'd Joan Queen of Naples, whom he left difarm'd in the midft of her Enemys, to lay her felf at the feet of the King of Arragon ; and B r a c c i o by fuch another Treachery had plainly pofTeft himfelf of the Kingdom of Naples, had he not bin bro- ken at Jquila, where Death intercepted his defign. From what has bin faid (firft of Government, and then of Arms) if a Government • of Servants be harder to be conquer'd, and eafier to be held, then in this foren Arms muft needs be leaft neceffary, and moft dangerous. IF a Government of Subjects be eafier to beconquer'd, and harder to be held, then in this foren Arms may be more neceffary, but muft be lefs dangerous. BUT tho a Government of Citizens be both hardeft to be con- quer'd, and hardeft to be held, yet as it is again in this regard of two kinds, this cannot be faid of each kind alike ; wherfore I muft diftinguifli. I N a Government of Citizens, if the Commonwealth be not for increafe, but prefervation only, as Lacedemon, Carthage, Venice, forea Arms are both neceffary and dangerous ; but in a Government of Ci- tizens, where the Commonwealth is both for increafe and prefervation, as Rome, foren Arms are neither neceffary nor dangerous. TO repeat the parts of this Conclufion, which being brief is obfcure, more fully and particularly. THE Empire oi'Turkj is of the harder kind to be conquer'd, wher- fore the Turk needs not foren Guards to defend him, but it is of the ea- fier to be held ; wherfore let him take heed of intrufting his Perfon with foren Guards, who having a foren Intereft, may ha\''e a foren Nation to affift them : and fo the Perfon of the Prince being in their hands, they have no more to do than to extinguifh the Royal Line ; and the Empire being eafily held, is their own thenceforth with fecu- rity . Thus the Mamalucs which were at firft foren Guards, extinguifh- ing the Royal Line of the Kings of Egypt, came to poffefs and hold that Realm without oppofition. Who well confiders this point, will never enough admire the Policy of the Turk in the creation (as it were) ot his Janizarys, free from any national Intereft that might make them dream of, or defire Liberty ; and yet fo void of all foren Intereft or Knowlege, that they know not what, or who were their Country or Parents. Hence tho they have Intereft to murder the Turk «^go The Tyerogutive Book I. Tftrkj and fomtimcs do accordingly, they have no fiinhcr Intereft in \^yV^ the world but what depends upon the Government ; and fo the Em- pire is fafe, tho the Prince be in danger : wheras if they were forea Guards, or had any native Interefl:, not only the Prince, but the Em- pire too would be in danger, the reft being Servants, and fuch whofe condition might be better'd by a change, but could be no worfe. Wherfore a Government of Servants muft by no means admit of foren Guards or Mamalucs. B U T the Empire o(FraMe, where the Nobility are not only fubjed to fly out, but to call in Strangers, may have ufe of foren Guards, which not obnoxious to native Intereft and Faftions, as thofe of the Nobili- ty, are the readieft and beft help at this lift ; yet not dangerous, tho having the Prince in their power, becaufe by him they are fafe from the Nobility, who, were it not for the Prince, would be fo far from bearing or brooking foren Guards, that in cafe a Forener came in up- on their call, having the fame means to help themfelves wherby they brought him in, they would fhake the Yoke, and the ends why they call'd him in, being fatisfy'd or repented of, drive him out again, as they did the Spamard and the EnglijJj. But if this Government being invaded or conquer'd, be fo hard to be kept, how much harder being furpriz'd ? Wherfore in a Government by Subjefts, foren Arms may be • more neceffary, but muft be lefs dangerous. IN a Commonwealth for prefervation, zsLacedemon, Carthage^ Ve- nice^ foren Arms are neceffary : So Lacedemony tho able to defend her felf by her proper Forces againft any one City, yet the Wars in Greece going much upon Leagues and Confederats, was forc'd alfo to make ufe of her Confederats, and fomtimes of her Helots. B U T as antiently to Carthage, fo now to Venice, foren or merce- nary Forces are effential, becaufe for Land-fervice fuch a Conftitution can have no other : Yet is this courfe extremely dangerous, as appear'd by Lacedemoff, who (being ever in fear of her Helots) when ilie had acquired upon the matter the whole Empire of Greece, came, by the Rebellion of her Confederats, not only to lofe all, but likewife to ru- in. For Carthage, upon the Mutiny of Spendius and M a t h o, fhe efcap'd, as at other times upon like occafions, very narrowly. That fuch an Accident neither has befaln Venice, nor can befal her, is to be attributed to her Situation, by which, in this regard, flie is fecure : Neverthelefs, her Progrefs or Increafe, which by this means either cannot be great, or being great, muft render her but the more infirm, is fully bar'd. TO a Commonwealth for increafe, which always takes in the ■whole body of the People, foren Arms (feeing flie abounds above all other kinds of Policy, with fuch as are proper) muft needs be the Jeaft neceffary ; and they are the moft fafe, becaufe never admitting them, but for her mere convenience and frugality in expence of native Blood, fhe receives no fuch charge of them as can recoil, but muft car- ry point blank, and as vigoroufly at her proper Intereft, very near as her proper Arms. Thus did the Latin and Italian Auxiliarys, of which, join'd with the Roman Legions, confifted a Confular Army. B Y thus much it feems thar an inference from the fuccefs of Arms to the perfe&ion of Government, and from the perfe^ion of Government to the fuccefs of Arms, fliould be no fallacious way of difputing. * . BUT of Popular Government, 281 BUT this being fvveaty work with the Confiderer, who loves his Chap. 9. eafe, it is enough to argue tlius : Th Switz, Scotidi, and French ^--rv-v-» Guards, have never bin the Authors of any Sedition, therfore the Sedi- tioufnefs of a Nobility may be mended by foren Guards : which is, as if one (hould fay, fuch a Phyfician has never bin the caufe of the Gout ; therfore the Gout may be cur'd by fuch a Phyfician. That foren' Arms may be well enough apply'd in the cafe of a feditious Nobi- lity, and have fom good effefts, is not deny'd : but is France ther- fore cur'd of her Sedition, or remains fhe, notwithftanding her foren Guards, the moft feditious Example in the world ? If thus fhe has not bin, nor be, what has he read of the Princes of the Blood in for- mer times, or heard of late from them ? But if thus fl:e has bin, and be, is it not a fine way of Cure to give us an example of the Difeafe for the Remedy ? Nor are her Guards fo void of Sedition neither ; but the Stvitzer, if he wants his pay, dares threaten Paris : the Scot, at leaft of late years, has not bin fo bold ; but if a Prince flys out, the Enfigns of the French Guards will one way or other be Captains, while Soldier and Officer too follows his AffeSions or Interefts, which way foever they frame. I fhould be glad to know when a Dragon fell from that Court, that did not bear down Stars with his Train. But the Prevaricator is fet upon it : wheras of late years the Janizarys are known to have bin far more imbru'd in the Blood of their Princes than ever ; he gives us his honeft word, that of late years in Turky they begin to learn the art of poifing the Janizarys ( who are the Foot of the Princes Guard ) by the Spahys ( who are the Horfe of the fame ) andfo have frequently evaded the danger of their Mutinys. Ac which rate, feeing every Army confifts of Horfe and Foot, no Army could be mutinous. If thefe had not bin meer flights, and fo intended, he might have don well to have fhewn us one Mutiny of the Janizarys appeas'd by the Sfahys. But all the parts of his Politics, as was faid of thofe in Rhetoric, confift of Pronunciation. THUS the Wounds of Monarchy, notwithflianding the former, or this iaft Remedy of foren Guards, are ftil] bleeding or fettering. BUT his Courage is undaunted ( aut vtam inveniet aut faciet ) he will either mend a Government, or make one, by alTerting without any example, but with egregious confidence. That the perfection of conM. p. 48, Monarchy is free from thofe flaws which are charged upon it, and that it 4?' confijis in governing by a Nobility, weighty enough to keep the People un- der, yet not tall enough in any particular Perfon to meafure with the Prince; and by a moderat Army kept under the notion of Guards and Garifons, which may be fufflcient to ft r angle all Sedition in the Cradle : from which mixture, or counterpoife of a Nobility and an Army, arifes the moft excel- lent form of Monarchical Government. T H E R E's for your learning now, A Model which is a fhort Horfe, and a Legiflator that has foon curry 'd him. To the parts of it, confifting of a Nobility, and in force, I have already fpoken feverally. I fhall now fpeak to the whole together ; that is, to the imagin'd mixture or counterpoife of a Nobility and an Army ; and becaufe there is no- thing in Nature that has not had a natural effeft by fom example. THE fcale of Arms, or of Iron, continu'd in the Line of Wil- liam the Conqueror ; and the fcale of Property, or Gold, con- tinu'd in the Barons of England^ and their Succeffors. But in this be- fore the Barons Wars confifted not the perfedion of tlie Monarchy, becaufe 282 ' . T^^ Vrerogaiive Book I. becaufe it preponderated too much on the fide of Arms; nor after V-yv^V-* the Barons Wars, becaufe the King, putting Power (which he could not keep out of their fingers) into the hands of the Nobihty, it became a. 'vkiom Confiitution^ unci a Monarchy only in nxme (fo fays the Confiderer) therfore the Balance being then only even, when neither the King could overbalance or get the better of the Barons, nor the Barons overbalance or get the better of the King ; the perfeftion of Monarchy confifted in the Barons Wars ! Lycurgus the Second ! MARK; the King by all means mud: have a Nobility weighty enough to keep down the People; and then he muft have an Army to hold Gold weight with his Nobility : as if the Nobility in that cafe would keep down the People, and not fetch them up (as did the Ba- rons ) into their Scale, that fo together they might weigh down the Army ; which fooner or later is the infallible confequence of this Phanfy, or let it be fhewn where it was ever otherwife. To inflahce in France is quite contrafy, where all the confiderable Offices and Commands being in the Nobility, or the richer fort of that Nation, the Balance of Arms and of Property are not two, but one and the fame. There is no way for Monarchy, but to have no Army, or no other than the Nobility, which makes the regulated Monarchy, as in France, Spain, &c. or to have an Army that may weigh down Nobi- lity and People too ; that is, deftroy them both, which makes the ab- folute way of Monarchy, as in Turky : the wit of man never found, nor fliall find a third, there being no fuch thing in Nature. THIS Chapter is already with the longeft, and yet I muft give you a Corollary, puce de roy, or a piece above meafure ; relating to a C^efti- on on which the greeneft Politician that ever brought his Verjuce to the Prefs, has fpur'd me. WHERE he defires to know my opnion of the way of governing by Councils, which he confejfes he has always thought admirable ; he dos not Confid. p. ^ci,mean Ji/ch as are coordinat with the Prince (which have bin fee n in the i'^- World) hut fuch as thofe of Spain, purely of Advice and Difpatch, with power only to inform andperfuade, but not limit the Princes Will. For al- mofl all the Weaknejfes which have bin thought incident to Monarchy, are by this courfe prevented ; and if there he any jleadinefs and maturity in the Senat of a Commonwealth, this takes it all in, T O give my Counfil without a Fee, and deal.fincerely with a Pre- varicator: Let the Prince (that is, fuch a one as his) hold himfelf contented with his Divan, or Cabinet. If this be that he means, we are agreed ; but if he would have more, I can make no Icfs of his words, than a hankering after fuch Councils as I have propos'd, and that thefe are fuch as he always thought admirable, fuch as prevent almoft all the Weaknejfes incident to Monarchy^ and take in thejieadinejs and ma- turity of a Commonwealth. HOW may we make this agree with that other place, where he fays, that there is no frame of Laws, or Con(htution of Government^ which will not decay and com to ruin, unlefs repair'' d by the Prudence and ^ Confid. ?. 58. Dexterity of them that govern? Now that this may not be expected from a Monarch, as well as from a Senat or Ajfembly of Men, he has not yet met with any convict ion, but rather finds it reafonable to think that where Debates are clearejt, the refult of them mofifecret, and the execution fud' den (which are the advantages of Monarchy) there the diforders of a. '. * State of Popular Government. 283 State will foanefi be difcover''d, And the iiecejfary Remedjs befi appl/d, Chapi. 9. In that formei- place he bethought himfelf, that the Debates of Rome w-^-vS^-/ were as clear as thole ofANXiocHus, that her Refults were as fecret as thofe ot Ph i l i p or Perseus, and of more fudden exe- cution than either of theirs. He doubted it might be true, which is affirm'd by good Authors, and commonly enough known, that for the clearnefs oi Debate, and fecrefy of Refult, the world never faw any thing like the Senat of Venice ; and that in all appearance they are for execution as quick with the Divan;, as the Divan can be with them. Nov} when all this is don, to banifli fo generous Thoughts without fliewing us for what caufe, and knock under the table, is fad news* But he ftjail find me, in a'ny thing that is reafonable; moft ready to lerve him. To the Queflion then, how fuch Councils as I have pro- pos'd would do with a Prince ; I anfwer, truly the beft of them, I doubt, but untowardly. One, that is the popular AfTembly, has no mean, but is either the wifeft in Nature, or has no brains at all. When affairs go upon no other than the public Intereft, this havinc^ no other Intereft to folloWi> nor eys to fee withal, is the wifeft Council : but fuch ways are deftru£live to a Prince, and they will have no Nay« The Congregation of Ifrael^ when R e h e o a m would not hearken to their advice, deposM him : and we know what popular Councils, fo foon as they came to fufficient Power, did in EngUnd. If a Prince put a popular Council from this Ward, he dos a great matter, and to little purpof& ; for they underftand nothing elfe but themfelves. Wherfore the Kings of France and of Sp.tin have dilfolv'd all fucH Affemblys. Itistrue^ where a Prince is not ftrong enough to get Mony out of them but by their confent, they are neceffary ; yet then they are not purely of Advice and Difpatch, but fharein the Govern- ment, and he cannot be medling with their Purfes, but they will be medling with his Laws* The Senat is of fitter ufe for a Prince, and yet, except he has the way of Tiberius, but a ticklifh piece, as appears by M a x i m i Nni s, who was deftroy'd by P u p i e n u s and Balbinus, Captains fet up againft him by this Order. To go to the root : Thefe things are not otherwife in Prudence or Choice than by direftion of the Balance ; wher^this is popular, no Remedy but the Prince muft be advis'd by the People, which if the late King would haveindur'd, the Monarchy might have fubfifted fomwhat longer: but while the Balance was Ariftocratical, as during the great Eftates of the Nobility and the Clergy, we find not the People to have bin great or wife Counfillors. In fum, if a King governs by a popular Council, or a Houfe of Commons, the Throne will not ftand long : If he governs by a Senat, or a Houfe of Lords, let him never fear the Throne, but have a care of himfelf: there is no third^ as I have faid often enough, but the Divan, 60 i C H A P. T^he Prerogative C H A P. X. Whether a Conimonweahh that ivas not prji broken hy her felfj was ever conquer d by the Arms of any Monarch I IC M in this Chapter to refume the Difcourfe, where I broke ofF in the former, making good my afTertion, That a Commonwealth is the Government, which from the beginning of the world to this day was never conquer'd by any Monarch ; for if the Commonwealths of Greece came under the yoke of the Kings of Macedon, they were firft broken by themfelves, WHEN I fpeak of a Commonwealth, in relation to this point, I am no more to be argu'd againft out of the little Citys \n Jfia, or thofe of Ragufa, and Sa» Marmo^ which cannot be flicwn to have had the command of any confiderable Army, than J argue againft the Pre- varicator, where he afferts Monarchy to confift of a mixture of Arms and of a Nobility, from the King of Tuetot, who had neither. THIS AlTertion in the judgment of any rational man ought not to be incounter'd, but where there was a natural poffibility of de- fence, in regard that a City which has no Army at all, as Geneva (which, yet being invaded by the Duke of Savoy y found means to defend her felf ) or fuch a one as is not confiderable, fliould be fub- du'd by fom potent Monarch (if we could find the example) con- cerns the Government no more, than if it had bin overwhelm'd by fom Inundation, or fwallow\l up by fom Earthquake. And yet all that is oppos'd by the Confiderer, amounts not to thus much. The Teftimony he brings out of Pausanias coms far fliort ; for it is Coniid. f. 53. recorded (fays the Author fpeaking of xht Lacedemonians) that heinrr Pauf. Meflen. corrupted hy the Bounty of C r jE s u S, they were the firji that contracted Amity with the Barbarians at the time when that Kjng added the Terri- torys inhabited by the Dorians upon the border of Caria, with other Com- monwealths in Afia, to his Empire. So that Crjesus corrupted the Lacedemonians vj'ith G\ksy Pausakias is exprefs ; but whether he obtain'd the Jfiatic Citys (likely in this cafe to have bin eafilier cor- i rupted than the Lacedemonians ) by Arms or by Purchafe, he is nor exprefs : and the prafumtion of the latter, as in other regards, fo in this, is the ftrongeny that C r ^ s u s by the teftimony of Solon, was more potent in Gold than in Iron. Now if it were fo ( and if otherwife, let the Confiderer fliew) that thefe Commonwealths, in- veigl'd by the Treafure of Crjesus, came firft under tlie Lydian, and fell with that under the Perfian Empire, when C r it s u s was fubdu'd by Cyrus; all I can learn by this example is no more than that Crjesus, for ought that is perceivable, might have bought thofe Commonwealths as C o s i m of M e d i c 1 s did Florence ; from whom it is affirm'd by M a c c h i a v e l, that there was not a, confi- derable Man in the whole City that had not receiv''dfom confiderable Sum. So this example prefumes ; but in the next, which is of Sicily^ there is not fo much as a Prefumtion in favor of the AfTertor : the State of Sicily, before that which the Romans call the firft Carthaginian War, being clear in Story againft his defign. For that Africa tor the gene- ration 'of P of nlar Government. 285 ration of Moniflers is not more famous than Sicilj fgr that of Tyrants, Chap. lo. thej who have fafs'd their Novitiat in Story are not ignorant ; fior how p^^JJ^^'^I^ when T I M o L E o N had freed her of this Vermin, and with Liberty de Sicii, . ' fhe had recover'd fom ftrength and virtue, flie relaps'd under A g A^ P°'y'^- '• '- TH ocLES and his horrid violation of Faith, while he was trulW with the Arms of her Citizens: how after him Pyrrhus was call'd in from £/'/>/^ ; after Pyrrhus, Hiero ufurp'd; all by the fame Arts, getting firfi into truft or charge, and then recoiling upon them that would take no warning : by which it is apparent that the Commonwealths of Sicily, like thofe of Greece, were ruin'd by thenj- felves, and their own Diforders; and no more fubdu'd upon "thefe changes by foren Arms, than was Ifrael by the Cmaanites, or Rome. by ' the Gauls or Decemvirs, IS RJ E Ly having broken her Orders, was indeed fomtimes op- preft by the Cannanites ; Rome was fack'd by the Gauls ^ and ufurp'd by the Decemvirs. But as the man that having got a fall in a Duel, throws off his Adverfary, recovers himfelf and his Sword, is notcon- quer'd, fo neither the Commonwealth : wherfofe neither Holland, nor ^''^'« ^ ^'jf Genoa, tho they have bin under, being yet (landing, can be faid to bt^^^^^^^^^' conquer'd by the Arms of Spain or France, but rather the contrary ;Groc.Hift.4. feeing the Liberty of Holland ( in many Citys more antient than any Records or other Monuments there can witnefs, and in it felf than that of Tacitm, wherby C i v i l i s, born of Princely Blood, is affirm'd to have vindicated the Batavian Freedom) is ftill the fame j, and Genoa, tho happy in her D o r i a, remains as flie was before he was born. Nor did the Family of the M e d i c i s banifli'd out of Flo' rence (where, by virtue of their prodigious Wealth, and the inevita- ble confequence of the Balance, their Anceftors had bin Princes many years before Charles the Fifth was a Soldier) anymore by the help of his Arms, thofe of the Pope (at that time of the fame Fa- « mily) and their Party at home, than get into their known faddle. To infift a little more at large upon the Storys of Genoa and Florence (becaufe upon thefe the Prevaricator fets up his reft that Mr. Har- rington muft needs be afflifted ) Genoa was and is an Oligarchy confifting of twenty eight Familys, making the Great Council, or Ag- gregation, as they call it, none but thefe being capable of the Senat or of Magiflracy ; and if ever it could be faid of a Commonwealth, that fhe had broken her felf, it might be faid, at the time related to, of Genoa, where not only the Faftion of the Guelphs and Gibelms, which had defbroy'd many Citys in ttaly^ then feign'd ; but the feud between the People included, and the Subjeft excluded, was as great as ever had bin between the Nobility and the People in Rome. Be- fides the quarrel of the Fieschi and the Adorn i, two Familys, like CasAR and Pompey, which having many years together as it were ingroft the Magiftracy of Duke, were neverthelefs perpetual- ly ftriving each with other, which fhould have it ; and if one of thefe (as it did) brought in the King o{ France, there is nothing plainer than that this Commonwealth was fubdu'd by her own Sedition, nor 'jls there a man knowing any thing of her affairs, that makes any doubt of it. That of Florence indeed, If the Prevaricator could fliew it had bin ever up, I fhould grant were down ; but to relate the Story of this City, I muft relate that of the Houfe of Me d i c i s. From Cosi MO, a Citizen famous throout Europe both for his Wifdom and nis 285 Tl-^^ Prerogative Book I. liis Riches, this Family for the fpace of fixty years exercis'd, under the pretext oF fom Migiftracy, very great Power in Florence. To Cos I MO fucceded Fftf. r, to Peter Laurence, a man in Prudence and Liberality refembling his Grandfather, fave that he us'd more abfolute Power in managing the Commonwealth ; yet with gentlenefs, and not altogether to tlie fupprefTion of Liberty. Never- tl clels he obtain'd of the Signory (which did for the moif part as lie would have them) fom fmail Guard for his Perfon ; he was a man renovvn'd th.ro haly^ and look'd upon by foren Princes with much refpeft. To him fucceded his Son,anothcr Peter, who thro Youth and Raflinefi conceiving the Power exercis'd by his Predeceilors to be no more than his due, took upon him the Government as abfolute Lord of all ; and flanding moft formidably upon his Guard, grew fottiflily profufe of the public Mony, and committed many Abfurditys and Violences : By which means having incurr'd the hatred of the Citizens, he was baniflfd by the Signory, with Cardinal John and Julian his Brothers. This John coming after to be Pope L bo the Tenth, requir'd the revocation of his Brother's BaniOiment, and the reftitution of the Hoiife of M e d i c i s ; to which finding the' prevailing Party of the Florentim to be refraftory, he flir'd up the Arms of the Emperor Charles the Fifth againft them, by whofe joint aid the Citv, after a long fiege, was reduc'd to her old Ward, and Alexander of Medici s, Nephew to the Pope and Son in law to the Emperor, fet in the known Saddle of his Anceftors^ This is the Aftion for which the Prevaricator will have a Common- wealth to have bin conquer'd by the Arms of a Monarch, tho whoever reads the Story may very fafeJy affirm, Firft-, That Florence never at- tain'd to any fuch Orders as could deferve the name of a Common- wealth ; and next, That the Purfeof Cosimo had don that long be- • fore, which is here attributed to the Arms of the Pope and the Empe- ror. Reafon and Experience, as I faid, are like the Roots and the ' Branches of Plants and Trees: As of Branches, Fruits, and Flowers, being open and obvious to the ey, the fmell, the touch, and tafte, every Girl can judg ; fo examples to vulgar capacitys are the beft Ar- guments. Let him that fays a Commonwealth has bin at any time conquer'd by a Monarch, to it again, and fhew us the example. But tho Fruits and Flowers be eafily known each from other, their Roots are latent, and not only fo, but of fuch refemblance, that to diftin- guifli of thefe a man' mull: be a Gardiner or a Herbaiiff. In this man- ner, the reafon why a Commonwealth has not bin overcom by a Monarch, has bin fliewn in the diftribution of Arms, thofe of a Prince confifting of Subjefts or Servants, and thofe of a Common- wealth rightly order'd of Citizens, which difference relates plainly to the perfeftion or imperfeflion of the Government. Confid, r. $1. BVT, fays the Prevaricator, this feems intended for a trial of our Nofes, whether they ivillferve us to difco'ver the fallacy of an inference from the profperoHS fuccefs of Arms to the perfection of Government. If the Univerfity, who fhould have fom care of the Vinyard of Truth, fhall ly pigging of wild Boars, to grunt in this manner and fear with their tusks, and I happen to ring fom of them (as I have don this Marcafjln for rooting) there is nothing in my faith why fuch trial of their Nofes Ihould be Sin ; but for fallacious Inferences, fuch I leave to them whofe Caps are fquarer than their Play. FOR of Popular Government, 287 FOR all that, Great and well policfd Empires, fays lie, have bin Chap. lo. fuhverted, by People fo eloign'' d from the perfe£lion of Go'vernmentj that ■— ^~V"V-» tve fcarce know of any thing to ty them together^ hut the dejire of Booty. Where, or how came he to know this ? What Reafon or Experience dos he allege for the proof of it ? May we not fay of this, it is for the trial of our Nofes, whether they rvillferve us to difcover that a Conclufion fifould have fom Premifes ? He gives us leave to go look, and all the Premifes that I can find are quite contrary. THE Arms of Ifrael were always viftorious, till the death of Judg. ch. t; Joshua, wherupon the Orders of that Commonwealth being neg-^^* leded, they came afterwards to be feldom profperous. Iso c ra- tes in his Oration to the Areopagits, fpeaks thus of Athens : The La- cedemonians, who when we were under Oligarchy, every day commanded us fomthing ; noiv while we are under popular Adminijtration, are our Petitioners that we would not fee them utterly ruined by the Thebans. Nor did Lacedemon fall to ruin till her Agrarian, the Foundation of her Government, was firfl: broken. The Arms of Rome (ever noted by Hiftorians, and clearly evinc'd by Macchiavel to have bin the Arte delU refult of her Policy ) during the popular Government were at fuch*^"""" a pitch, as if Viftory had known no other wings than thofe of her Eagles : nor feeing the Goths and VanAals are the Legiflators, from whom we derive the Government of King, Lords, and Commons, were thefe when they overcame the Roman Empire, a People fo eloign'd from the perfeQion of Government, but their Policy was then far better than that of the Emperors, which having bin at firft 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 Slei- DAN, eafy to be inferted. miferable and deplorable State^ fays •Erasmus, the Authority of the Senat, the Power of the Law, thein,hif Prface Liberty of the People being trod underfoot ! to a Prince^ that got up in ^^ Suetonius. this manner, the whole World was a Servant, while he himfelf was a Ser- vant to fuch, as no honejl man would have indur''d the like Servants in his Hotife : the Senat dreaded the Emperor, the Emperor dreaded his ex- ecrable Militia : the Emperor gave Laws to Kjngs, and receiv''d them from his Mercenary s. To this is added by SleidAN, That the co/?- De quae imp, dition of thefe Princes was fo defperat, it was a wonderful thing Ambition it felf could have the Courage to run fuch a hazard ; feeing from C A i u s C A s A R flain in the Senat to Charles the Great ^ there had bin. above thirty of them murder'' d, and four that had laid violent hands uport themfelves : For there was always fomthing in them that offended the Sol- dier), which whether they were good or bad, was equally fubjecf to pick Quarrels^ upon the leajl occajion rais''d Tumults, and difpatch''d even fuch of them as they hadforc'^d to accept of that Dignity, for example, ^ l i u$ Pert IN AX. But if this be true, that of the Goths and Vandals^ when they fubdu'd this Empire, muft have bin the better Govern- ment; for foil) as this never was there any, except that only of the Kings of Ifrael, which certainly was much worfe. Thofe of the Bri- tans 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. WHEN 288 T^^^ Prerogative Book I. WHEN T A M E R L A N overcame B a i a z e t, the Tu"k/(fj U/^V^wJ Policy had not 'attain'd to that extent of Territory which is plainly necelfary to the nature of it, nor was the Order of the Jafiizarys yet inftituted. The HolUfjder, who under a potent Prince was but a Fifher- rnan, with the reltitution of the popular Government, is beccm the better Soldier ; nor has he bin match'd but by a rifing Commonwealth, whofe Policy you will fay was yet worfe, but then her Balance (being that efpecially which produces men) was far better. For Vaflnefs, for Fruitfulnefs of Territory, for Bodys of Men, for Num- ber, 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 defeft of her Policy (which intending one Commonwealth, has made a hundred Monarchys in her Bowels, whofe crofs Interefts twift her guts ) bin the Theater of the faddeft Tragedys under the Sun ; nor is fhe curable, unlefs fom Prince falling to work with the Hammer of War, be able totally to deftroy the old, and forge her a Government intirely new. But if this corns to pafs, neither fliall it be faid, that a mll-folicfd. Empire was fnhverted, nor by a People fo eloign'dfrom perfeciion of Government^ but theirs muft be much better than the other. Let me be as ridiculous as you will, the W^ odd is (^infsce Romuli) ripe for great Changes which muftcom. And look to it, whether it be Germany, Spain, France, Italy, or Eng- land, that corns firft to fix her felf upon a firm Foundation of Policy, fhe fhall give Law to, and be obey'd by the reft. There v\^as never fo much fighting as of late days to fo little purpofe ; Arms, except they have a root in Policy, are altogether fruitlefs. 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? Conf.d. ^ 51, BUT, fays he, Ragufa and San Marino are commended for their up- right and equal frame of Government, andyet have hardly extended their • Dominion beyond the fiz-e of d handfom Mannor. HAVE Ragufa or San Marino bin conquer'd by the Arms of any Monarch? For this (I take it) is the queftion : tho, if they had, thefe being Commonwealths unarm'd, it were nothing to the purpofe. The- queftion of Increafe is another point. Lacedemon could not increafe (becaufeherframe was of another nature) without ruin; yetwaslhe not conquer'd by any Monarch. Con^ld.^ 52. COM, com, fays he, for all this; It is not the perfeBion of Govern- ment, but the populoufnefs of a Nation, the natural valor of the Inha- bitants, the abundance of Horfes, Arms, and other things necejfary for equipping of an Army, ajjijled rvith a good military Difciplin, that qualify a People for Conqueji ; and where thefe concur, ViBory is intatl d upon them. Very fine ! ■ A S if thefe could concur any otherwife than by virtue of the Po- licy. For example, there is no Nation under Heaven more populous EiTay 29. than France : Yet, fays Sir F r a n c i s Bacon, If the Gentlemen be too many, the Commons will be bafe, and not the hundredth Poll ft for a Helmet, as may befeen by comparifon of England with France, wherof the jormer, tho far lefs in Territory and Populoufnefs, has bin never the- lefs the overmatch ; in regard the middle People in England make good Soldiers, which the Peafants in France do not. This therfore was from the Policy, by which the one has bin the freeft, and the other the Hi mofi: of Fopular Government i2§Q mofl: in/la vM Subje£l: in the World; and not from Populoufnefs, in Chap, ib. U'liich cafe France muft have bin the Overmatch. <.y~V~\J THE like is obfervable 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 Peafant having none at all, is never us'd in Arms. Again, France has one of the beft Cavalrys in the World, which the Englijh never had, yet it avail'd her not. Viftory is more efpecially intail'd upon Courage, and Courage upon Liberty, which grows not without a Root planted in the Policy or Foundation of the Government. ALEXANDER Math a handful of Freemen overcame the greatefi abundance of Horfes, Arms, and other things neceffary for the equipping of an Army, the hugeft Armys, the moft vaft and populous Empire in the World ; and when he had don, could not by all thefe fubdue that handful of freer men (tho he kill'd Cly tus with his own hand in the quarrel) to the fervil Cuftoms of that Empire. And that the beft military Difciplin deriv'd from the Policy of the Romans, I intimated before, and have fhewn at large in other places. BUT the Prevaricator neither minds what is faid, nor cares what he fays ; to affirm that a Commonwealth was never conquer'd by any Monarch, and that a Commonwealth has conquer'd many Mo- narchs, or frequently led mighty Kings in triumph, is to run upon the foil, the fecond Propofition being with him no more than only the converfion of the firft. As if that Rome was not conquer'd byconfid. ^ 55* the World, and that the World was conquer'd by Rome, were but a fimple convei-fion. So the World, having not conquer'd Venice, it muft follow, that Venice has conquer'd the World. Do we take, or are we taken ? Nor is he thus fatisfy'd to burn his fingers, but he will blifter his tongue. WHERE I faid that the Commonwealth of Venice, confifting of all them that firft fled from the main Land to thofe Hands where the City is now planted, at the Inftitution took in the whole People, he would make you believe I had faid that the Senat of Venice, at the firft Inftitution, took in the whole People : It is matter of fa£t, and that in Confid. p. 70. which his Integrity will be apparent to every man's Judgment. I oceana, js, 434 pray fee the places. And yet when he has put this trick upon me, he tells me, perhaps it is not true ; and this only I grant him paft perad- venture is falle, whether that I faid it, or that the thing is poflible. For how is it poffible, that the Senat, which is no other wife fuch than as it confifts of the Ariftocracy, or feleft part of the People, fliould take in the whole People ? It is true, that good Authors, both antient and modern, when they fpeak of the Senat of Rome, or of Venice hiftorically, imply the People. Macchiavel fpeaks of the Magiftracy ofPuBLiLius Philo, as prolong'd by the Se- nat of Rome, without making any mention of the People, by whom neverthelefs it was granted: the like is ufual with other Authors. Thuanus feldom mentions the Commonwealth of Venice, but by the name of the Senat ; which not underftood by the learned Confi- derer, where Contarini fpeaks in the fame manner of the Courfes taken by the Commonwealth of Venice, for withholding the Subjeft in the City from Sedition, he takes him to be fpeaking of the means v/herby the Senat (an't pleafe you) keeps the People under: and fo having put -one trick upon me, and another upon Pp Con- The Prerogative C o N T A R I N I, thefe two are his Premifes, wlience he draws this Con- clufion, That Venice is as much as any in the World an inequal Common- wealth. Now the Conclufion you know no body can deny. CHAP. XI. Whether there he not an Agrarian^ orfom Law or Laws of that nature j to fupply the defeB of it in eVery Commonwealth : and whether the ^(Trarian, as it is ftated in Oceana, be not equal and Jatif- faBory to all Interejis, IN this Chapter the Prevaricator's Devices are the moft welfavorM : for wheras the Agrarian of Oceana dos no more than pin the basket, which is already fill'd, he gets up into the Tree where the Birds have looCT fince eaten all the Cherrys, and with what Clouts he can rake up, makes a moft ridiculous Scarcrow. This pains he needed not to have taken if he had- not flighted overmuch the Lexicon, of which he allows me to'be the Author ; yet will have it, that he underftood the words before fom of which neverthelefi his ill underftanding requires fliould be further interpreted in this place, as Property, Balance, Agrarian, and Levelling. , ,_ , r , PROPERTY IS that which is every mans own by the Law or the Land; and of this there is nothing ftir*d, but all intirely left as it was found by the Agrarian of Oceana. PROPERTY inMony (except, as has bin fhewn, in Citys that have little or no Territory) coms not to the prefent account. But Pro- perty in Land, according to the diftribution that happens to be of the fame caufes the political Balance producing Empire of the like nature ; that IS if the Property in Lands be fo diffus'd thro the whole People, that neither one Landlord, nor a few Landlords overbalance them, the Empire is popular. If the Property in Lands be fo ingroft by the Few, thatthey overbalance the whole People, the Empire is Ariftocratical, or mix'd Monarchy ; but if Property in Lands be in one Landlord, to fuch a proportion as overbalances the whole People, the Empire is abfolute Monarchy. So the political Balance is threefold, Democrati- cal, Ariftocratical, and Monarchical. EACH of thefe Balances may be introduc'd either by theLegifla- tor at the inftitutipn of the Government, or by civil Viciflitude, Alie- nation, or Alteration of Property under Government. EXAMPLES of the Balance introduc'd at the Inftitution, and by the Le^iflator, are firft thofe in Ifrael and Lacedemon, introduc'd by Go o'er Moses, and Lycurgus, which were Democratical or Popular. Secondly, Thofe in England, France and Spain, intro- duc'd by the Goths, Vandals, Saxons, and Franks, which were Arifto- cratical, or fuch as produced the Government of King, Lords, and Commons. Thirdly, Thofe in the Eajl and Turkj, introduc'd by NiMROD, and Mahomet or Ottoman, which were pure- ly Monarchical. EXAMPLES of the Balance introduc'd by civil Viciflitude, ^lie- nation, or Alteration of Property under Government, are 'wiFlorence^ H; where of Pofnlar Government, 291 where the Medici attaining to exceflive wealth, the Balance alter'd Chap. 1 1. from Popular to Monarchical: /« Greece, where the Argives being lozi- ^-^^^^^^^^^ ers of Equality and Liberty ^ recLuc''d the Power of their K,i»gs to fo Jf»all Q^^^^fiy, a matter, that there remaln'd to the Children and Succeffors of C i s u S little more than the Title, where the Balance altei-'d from Monarchical to Popular. In Rome^ about the time of Crass us, the Nobility having eaten the People out of their Lands, the Balance alter'd from Popular, firft to Ariftocratical, as in the Triumvirs , Cesar, Pom p e y and C r a s s u s ; and then to Monarchical, as when C R A s s u s being dead, and P o m p e y .conquer'd, the whole came to Cesar. /// Tal'entum, not long after the War with the Medes, Arift. Pol. the Nobility being wajled, and over com by lapyges, the Balance, and with ^' 5- ^' 3- that the Commonwealth^ changed from Ariftocratical to Popular : The like of late has difcover'd it fell in Oceafta. When a Balance coms fo thro civil Viciflitude to be chang'd, that the change cannot be attributed to human Providence, it is more peculiarly to be afcrib'd to the hand of God ; and fo when there happens to be an irrefiftible change of the Balance, not the old Government which God has repeaPd, but the new Government which he diktats as prefent Legiflator, is of Divine Right. THIS Volubility of the Balance being apparent, it belongs to Le- giflators to have eys, and to occur with fom prudential or legal Reme- dy or Prevention ; and the Laws that are made in this cafe arecall'd Agrarian. So An Agrarian is a Law fixing the Balance of a Government infuch a. manner that it cannot alter. THIS may be don divers ways, as by intailing the Lands upon cer- tain Familys, without power of Alienation in any cafe, as in 7/r r i a n ; he fcrues it in, after this manner As the Je\A's who have no Lands., are every where great Tra-Q^y^c^^_ p^ g.^ ders ; fo the poffejfion of Lands being .limited bj this Agrarian^ men who are either covetous or ambitiom ( as it Eftates were not got by Induftry, but by Covetoufoefs and Ambition ) will implcy themfelves and their EJlates in for en Traffic^ which being in a manner wholly ingrofi by the Ca- pital City of Oceana, that City, already too gfeat, will immediatly grow intv an excefs of Power and Riches, very dangerous to the Commonwealth ; Amfterdam being com by fuch means to exercife of late a Tyranny in the difpofal of fom public Affair Sy much to the prejudice both of the Liberty and Interefi of the refi of the Union. An equal, if not greater Incom- niodity to Oceana, ■would be created by the Agrarian, which making Em- porium a. City of Princes, would render the Country a Comrnonipealth of Q^ 2 Cottif^ •^oo ^^^ Vrerogative Book I. Colt.tgcrs, able to difpufe Precedence with the Beggers Buflj. N H W S, ■ not from Tripoli, nor any other corner of the wliole World but one. Bate me this, and ftew me in what other City jncreafc of Houfes or new Foundations was ever held a Nufance. This fure is a Phanfy that regards not the old Folks, or antient Pru- dence. O N E of the Bleflings that God promis'd to Abraham, was, that his Seedfhould be multiply' d as the Stars of Heaven : And the Com- monwealth of Rome, by multiplying her Seed, came to bound her Territory with the Ocean, and her Fame with the Stars of Heaven. That fuch a Populoufnefs is that without which there can be no great Commonwealth, both Reafon and good Authors are clear ; but whether it ought to begin in the Country, or in the City, is a fcruple I have not known them make. That of Ifrael began in the Country, that of Rome in the City. Except there be obftruftion or impedi- ment by the Law, as in Turkj where the Country, and in England where the City is forbid to increafe ; wherever there is a populous Country, for example France, it makes a populous City, as Paris; and wherever there is a populous City, as Rome after the ruin of Jlha, and Jmfierdam after the ruin (as to Trade) of Jntwerp, it makes a populous Territory, as was that of the Ruftic Tribes, and is that of Ho/land. BUT the ways how a populous City corns to make a populous Country, and how a populous Country corns to make a populous City, are contrary ; the one happening thro fucking, as that of the City, and the other thro weaning, as that of the Country. F O R proof of the former : the more mouths there be in a City, the more meat of necelTuy muft be vented by the Country, and lb there will be more Corn, more Cartel, and better Markets;, which breeding more Laborers, more Husbandmen, and richer Farmers, bring the Country fo far from a Commonwealth of Cottagers, that where the Bleffings of God, thro the fruitfulnefs of late years with us, render'd the Husbandman unable to difpute Precedence with the Beggers BuJJj, his Trade thus uninterrupted, in that his Markets are certain, gos on with increafe of Children, of Servants, of Corn, and of Cartel : for there is no reafon why the Fields adjoining to Emporium, being but of a hard foil, fliould annually produce two Crops, but the Populoufnefs of the City. THE Country then growing more populous, and better ftock'd with Cattel, which alfo increafes Manure for the Land, muft propor- tionably increafe in fruitfulnefs. Hence it is that (as the Romans alfo were good at fuch works) in Holland there is fcarce a puddle un- drain'd, nor a bank of Sand caft up by the Sea, that is not cover'd with Earth, and made fruitful by the People ; thefe being fo ftrangely, with the growth of Amfierdam, increas'd, as coms perhaps to two parts in three : nor, the Agrarian taking place in Oceana, would it be longer difputed, whether fl-je might not deftroy Fifhes to plant Men. Thus a populous City makes a Country milch, or populous by fuck- ing ; and wheras fom may fay, that fuch a City may fuck from foren parts, it is true enough, and no where more apparent than in Amfier- dam. But a City that has recourfe to a foren Dug, ere fhe had firft fuck'd that of her proper Nurfe or Territory dry, you fhall hardly find; or finding (as in fom Plantation not yet wean'd) will hardly be (f Popular Government. 50 £• be able to make that Obie£lion hold, feeing it will not ly fo much agaitifi: Chap. 1 1. the Populoufnefs of the place, as the contrary. tvvv-j B U T a populous Country makes a populous City by weaning ; for when the People increafe fo much, that the dug of Earth can do no more, the overplus muft feek fom other way of Livelihood : which is either Arms, fuch were thofe of the Goths and Fmdals ; or Mer- chafldize and Manufadure, for which ends it being necelTary that they lay their Heads and their Stock together, this makes populous Citys. Thus Holland being a fmall Territory, and fuck'd dry, has upon the matter wean'd the whole People, and is therby becom as it were one City that fucks all, the World. BUT by this means, fays the Confiderer, 'Em^ovium being already too great (while indeed Amflerdam, confidering the narrownefs of the Territory, or the fmalnefs of Holland, is much more populous) would immediatly grow into an excefs of Power and Riches^ 'very dangerous to Liberty y an example wherof was fee n in the late Tyranny of that City : As if it were not fufficiently known thzt Amjler dam comnhmes^ and has contributed more to the defence of the Commonwealth, or United Provinces, than all the reft of the League, and had in thofe late Ani- ons which have bin fcandaliz'd, refifted not the Intereft of Liberty, but of a Lord. That the increafe of /?owe, which was always ftudy'd by her bell Citizens, fliould make her Head too great for her Body, or her Power dangerous to the Tribes, was never fo much as imagin'd ; and tho (he were a City of Princes, her ruftic Tribes were ever had in, greateft Eftecm and Honor ; infomuch, that a Patrician would be of no other. BUT the Authority of antient Commonwealths is needlefs ; the Prevaricator by his own Argumentation or Might,' Jays himfelf neck and heels. FOR, fays he, Were this Agrarian once fettl'dy Emporium would Ck,n(ii. ;.. pj. be a City of Princes, and the Nobility fo throly plum'd, that they would be juf- asjlrong of wing, as wild Fowl in moultin^j time. There would be a City ot Princes, and yet no Nobility. He is fo faft that I have pity on him, if I knew but which way to let him loofe. He means perhaps, that the Merchants growing rich, would be the Nobility j and the Nobility growing poor, would be Grafiers. BUT fo for ought I know it was always, or worfe, that is, men attain'd to Riches and Honors by fuch or worfe Arts, and in Poverty made not always fo honeft Retreats. To all which Infirmitys ot the ■ State, I am deceiv'd if this Agrarian dos not apply the proper Reme- dys. For fuch an Agrarian makes a Commonwealth for increafe ; the Trade of a Commonwealth for Increafe, is Arms ; Arms are not born by Merchants, but by Noblemen and Gentlemen. The No- bility therfore having thefe Arms in their hands, by which Provinces are to be acquir'd, new Provinces yield new Eftares ; fo wheras the Merchant has his returns in Silk or Canvas, the Soldier will have his return in Land. He that reprefents me as an Enemy to the Nobility, is the man he fpeaks of ; for if ever the Commonwealth attains to five new Provinces (and fuch a Commonwealth will have Prwinces enow ) it is certain, that ( befides Honors, Magiftracys, and the Reve- nues annex'd ) there will be more Eftates in the Nobility of Oceana of fourteen thoufand pounds Land a year, than ever were, or can otherwife be of four i and that without any the leaft danger to the Common- ^o'2 The Prerogative Book 1 Coir.monwcalth : for if Rome had but look'd fo far to it, as to. have SL.r-v'^itJ made good her Agrarian in Italy, tho flie had neglefted the reft, ttie Wealth of Iier Nobility might have fuck'd her Provinces, but muft haveinrich'd tlie People; and fo rather havewaterM iier Roots, than iiarv'd and deltroy'd tliem, as it did. In this cafe therfore the Nobi- hty oWceafjx would not mouher like wild Fowl, but be ftrong of wing as the Eagle. ONE Argument more I have heard urg'd againft the Populoufnefs of the Capital City, which is, That the Rich in time of ficknefs for- faking the place, by which means the Markets com to fail, the Poor, left they fliould ftarve, will run abroad, and infeft the whole Coun- try. But fliould a man tell them at Parii, or Grafid Cairo (in the latter wherof tiie Plague is more frequent and furious than happens with us) that they are not to build Houfes, nor increafe fo much, left they fliould have the Plague ; or that Children are net to be born fo faft, left they dy, they would think it ftrange news. A Com- monwealth is furnifli'd with Laws, and Power to add fuch as flie flmll find needful. In cafe a City be in that manner vifited, it is the duty of the Country, and of the Government, to provide for them by contribution. CcnCd. T-^7- THE difficultj in making the Agrarian equal and fieddj thro the rife or fall that may happen in Mony, wliich is the fourth throw of the Pre- varicator, is that which it might have bin for his eafe to have taken notice was long fince fu.^iciently bar'd, where it is faid, That if a new Survey at the prefent Rent was taken, an Agrarian ordaining that no man fliould thenceforth hold above fo much Land as is there valuM at the rate, however Mony might alter, would be equal and fteddy enough. Confid. ;. 8;. H I S laft caft is. That the Agrarian would make War againft nni- 'verfd and immemorial Cuftom ; n4)ich being ■ without doubt more preva- lent than that of Reafon, there is nothing of juch difficulty as to perjuade men at once, and crudely, that they and their Forefathers have bin in an Error. WISE men, I fee, may differ in Judgment or Counfi! : for, fays Eflay 24. Sir Francis Bacon, Surely every Medicin is an Innovation, and he that' will not apply new Remedy s rnufl expect new Evils : for Time is the greatcf Innovator ; and if 7 ime of courfe alters things to the worfe, and Wifdom and Counfi may not alter them to the better^ what mufl be the end? BUT the cafe of tiie Agrarian receives equal ftrength from each of thefe Counfillors or Opinions ; from the latter, in that it gos upon grounds which Time has not innovated for the worfe, but for the better ; and fo according to the former coms not to have bin at once, and crude- ly perfuaded, but introduc'd by Cuftom, now grown univerfal and immemorial. For who remembers the Gentry of this Nation to have worn the blew Coats of the Nobility, or the lower fort of People to have liv'd upon the fmoak of their Kitchins ? On the contrary, Is it not now a univerfal Cuftom for men to rely upon their own For- tunes or Induftry, and not to put their Trujt in Princes, feeking in their Liberality or Dependence the means of living ? The Prevarica- tor might as well jump into his great Grandfather's old Breeches, and perfuade us that he is a la mode^ or in the new cut, as that the ways' of pur Forefathers would agree with our Cuftoms. Dos not every man now of Popular Government. 503 how fee, that if the Kings in thofe days had fettl'd the Eftates of the Chap. 12." Nobihty by a Law, retraining them from felling their Land, fuch ^-^;^■^/'*«*^wJ a Law had bin an Agrarian, and yet not warring againfl: their an- tient Cuftoms, but preferving them ? Wherfore neither dos the Agra- rian proposed, taking the Balance of Eftates as flie now finds them, make War againft, but confirm the prefent Cuftoms. The only Ob- jeftion that can feem in this place to ly, is, that wheras it has bin the Cuftom of OceaM that the bulk of the Eftate fhould defcend to the eldeft Son, by the Agrarian he cannot, in cafe he has more Brothers, inherit above two thoufand pounds a year in Land, or an equal fhare. But neither dos this, whether you regard the Parents or the Children, make War with Cuftom. For putting the cafe the Father has twenty thoufand pounds a year in Land, he gos not the lefs in his cuftom or way of Life for the Agrarian, becaufe for this he has no lefs : and if he has more or fewer Sons to whom this Eftate defcends by equal or in- equal portions, neither do they go lefs in their ways or cuftoms of Life for the Agrarian, becaufe they never had more. Bat, fays A r i s- Pol. l. 3. c. 9* TOTLE (fpeaking of the Oftracifm as it fupplys the dcfeft of an Agrarian ) this courfe is as fjecejfarj to Kjngs as to Commomvealths. By this means the Monarchys of Turky and of Sfain preferve their Ba- lance ; thro the negleft of this has that of the Nobility of Ocema bin broken : and this is it which the Prevaricator, in advifing that the No- bility be no further level'd than will ferve to keep the People under, requires of his Prince. So, That an Agrarian is neceflary to Govern- ment, be it what it will, is on all hands concluded. CHAP. XII. Whether Cowfes or a (Rotation be mcejfary to a well-order d Com- tnonwcalth. In which is contain d the Cour/es or Farembole of Hrael before the CaptiVuy^ together Tl?ith the Bpitotne of Athens and Venice. ONE bout more and we have don : This (asreafongood) will Oceana,;. 54, be upon Wheels or Rotation : For, A S the Agrarian anfwers to the equality of the Foundation or Root, fo dos Rotation to the equality of the Superftruftures or Bran- ches of a Commonwealth. E Q_U A I> Rotation is equal Viciflitude in, or Succeflion to Ma- giftracy confer'd for equal terms, injoining fuch equal Vacations, as caufe the Government to take in the Body of the People, by parts fuc- ceding others, thro the free Eleftion or Suffrage of the whole. THE contrary wherto is prolongation of Magiftracy, which, trafhing the wheel of Rotation, deftroys the Life or natural Motion of a Commonwealth. THE Prevaricator, whatever he has don for himfelf, has don this for me, that it will be out of doubt whether my Principles be capable of greater Obligation or Confirmation^ than by having Ohjeilions made agatnfi them. Nor have I bin altogether ingratetul, or nice of my Labor, but gon far ( much farther than I needed ) about, that t might return with the more valuable Prefent to him that fent me on the errand : 504 T^he Prerogative Book I. errand : I fliall not be fhort of like proceding upon the prefent Subjeft, i-<5^'^/'''''!wJ but rather over. ROTATION in a Commonwealth is of the Magiftracy, of the Senat, of the People ; of the Magiftracy and the People ; ot the Ma- . Piftracy and the Senat ; or of the Magiftracy, of the Senat, and of the eople : which in all com to fix kinds. FOR example of Rotation in the Magiftracy, you have the Judg Grot. oH/rael, call'd in Hebrew Shophet. The like Magiftracy after the Kings I T HO B A L and Baal came in ufe with the Tyrians ; from thefe, with their Pofterity the CarthAgimans, who alfo call'd their fupreme Ma- giftrats, being in number two, andfor their Term Annual, Sbophetimj which the Latins by a fofter Pronunciation render Suffetes. THE Shophet or Jaelgof I/rael was a Magiftrat, not, that I can find, oblig'd to any certain term, throout the Book of Judges ; never- thelefs, it is plain, that his Eleftion was occafional, and but for a time, after the manner of a Diftator. T R U E it is, that E l i and Samuel rul'd all their lives ; but upon this fuch impatience in the People follow'd, thro the corruption of their Sons, as was the main caufe of the fucceding Monarchy. THE Magiftrats in Athens (except the Areopagits, being a Judica- tory) were all upon Rotation. The like for Lacedemon and Rome, except the Kings in the former, who were indeed hereditary, but had no more Power than the Duke in Venice, where all the reft of the Ma- giftrats (except the Procurafori, whofe Magiftracy is but mere Orna- ment) are alfo upon Rotation. FOR the Rotation of the Senat you have Athens, the Achxans^ ALtoUans, Lycians, the AmphiBionium ; and the Senat of Lacedemon re- Pol.l. 2. C.7. P^ov'<^> in that it was for life, by Aristotle: Modern Examples of like kind are the Diet of Switzerland^ but efpecially the Senat of Venice. FOR the Rotation of the People, you have firft Ifrael, where the Congregation (which the Greecs call Ecclejia ; the Latins, Comitia, or Concio) having a twofold capacity ; firft, that of an Army, in which they were the conftant Guard of the Country ; and, fecondly, that of a Reprefentative, in which they gave the Vote of the People, at the creation of their Laws, oreledion of their Magiftrats, was Monthly. iChJ!on.2y.i. Now the Children of ICvad after their Number, to wit, the chief Fathers and Captains of thoufands and hundreds, and their Officers that ferv'd the Kjngin any matter of the Courfes, which came in and went out monthly month, throout all the months of the year, of every Courje were twenty and four thoufand. Grot, ad loc. S U C H a multitude there was of military Age, that without incon- venience, four and twenty thoufand were every month in Arms, whofe term expiring, others fucceded, and fo others ; by which means the Ro- tation of the whole People came about in the fpace of one year. The Tribuns, or Commanders of the Tribes in Arms, or of the Prerogative for the month, are namM in the following part of the Chapter, to the fixteenth Verfe ; where begins the enumeration of the Princes (tho Gad and A s h u r, for what reafon I know not, be emitted) of the Tribes, remaining in their Provinces, where they judg'd the People, and as they receiv'd Orders, were to bring or fend fuch farther Liforce- ment or Recruits as occafion requir'd to the Army : after thefe, fome * ether of Popular Government, .,. 305 other Officers are mention'd. There is no queftion to be made but this Chap. 1 2; Rotation of the People, together with their Prerogative or Congregati- w-^">w'">^ on, was preferv'd by the monthly Eleftion of two thoufand Deputys in each o f the twelve Tribes, which in all came to four and twenty thoufand ; or let any man fhew how otherwife it was likely to be don, the nature of their Office being to give the Vote of the People, who therfore fure muft have chofen them. By thefe the Vote of the Peo- ple was given to their Laws, and at Eledlions of their Magiftrats. T O their Laws, as where David propofes the reduftion of the Ark : J»d David confulted with the Captains of thoufands and hun~ i Chron. ig.' dreds, and with eTjery Leader. And David [aid to all the Congregation of Ifrael, If it feemsgoodto you^ and it he of the Lord God, let us fend abroad to our Brethren every where (the Princes oi Tribes in their Pro- vinces) that are left in the Land of Ifrael, and with them alfo to the Priejls and Levites^ which are in the Citys andSuburhs, that they may gather them~ [elves to us ; and let us bring again the Ark of our God to us, for we in- quir''d not at it in the days of Saul. And all the Congregation (gave their Su;yrage in the Affirmative) faid that they would do Jo ; for the thing was right in the eys of the People. Nulla lex fibi foli confcientiam Jujlitia Grot. eTeitnl /u£ debet, fed eis a quibus obfequium expeBat. Now that the fame Con- ga ;>v:r ion or Reprefentative gave the Vote of the People alfo in the Ell c\ ivo of Priefl-s, OrTicers and Magiftrates ; Moreover David and i chron. 25,' fhe Captains of the Hofl feparated to the Service of the Sons 0/ A s A p h, anu fl/-' H E M A N, and (J/'Jeduthun, who fhould prophefy with HarpSy with PJalterys, and with Cymbals. But upon the occafion to which we are mtf-e cfpecially beholden for the prefervation and difcovery of this admirable Order (David having propos'd the bufinefs in a long and i chron.28. 2; pious fpeech) the Congregation made Solomon the Son of David King the Jecond time, and anointed htm to the Lord to be chief Governor, iChron.29.22.' *»d Z ^ d K to be Priefl. For as to the firft time that Solomon •was made King, it happen'd, thro the Sedition of A d o n i ] a h, to ^ jj; ^ ha^e bin don in haft and tumultuoufly by thofe only of ferufalem ; and the reafon why Z a d o k is here made Prieft, is, that A b i A t h a a was put out for being of the Conlpiracy with A d o n i j a h. I M A Y exped i^by fuch Objedions as they afford me) it fhould be al'ci^'d, that to prove an Order in a Commonwealth, I inftance in a N^*^ narchy ; as if there were any thing in this Order monarchical, or that could, if it had not bin fo received from the Commonwealth, ha\ e bin introduc'd by the Kings, to whom in the judgment of any fo- ber n.an (^the Prevaricator only excepted, who has bin buckling about fom fuch C ouncil for his Prince) no lefs could have follow'd upon the firft frown of the People, than did in Rehoboam, who having i Kings u, us'd them roughly, was depos'd by the Congregation, or the w^jV part. It is true, that while Ifrael was an Army, the Congregation, as it needednot toaffembieby way ofEleftion or Reprefentative, fol be- lieve it did not ; but that by all Ifrael affembl'd to this end, Iliould be meant the whole People after they were planted upon their Lots, and net their Reprefentative, which in a political fenfe is as properly focall'd, were abfurd and impuffible. Nor need I go upon prefumtion only, be the fame never fo ftrcng, feeing it is faid in Scripture of the Kj)ra- thites^ that they were keepers of the Gates of the Tabernacle, and thetr Fa- 1 Chron.9. 29^ thers being over the Hoji of the Lord, were keepers of the Entry : That is, (according to the Interpretation of Grot 1 us) the lQ>rathites were R r now ' ii'he PrerogatwR '" . ndw keepers of the Gates," as it appe&is in ^lie-Bobfc.xif Numbers^ their Anccltors the Kj)hathites had bin in the Camp/x)r.-.w.hi!e Jfracl was yet an Army. But our Tranfl^uion is lanie in.the righc-foot, as to the tiue difcovery of the antient manner of.this .fervice, wlm?& according to the Septuagint and the vulgar Latin was d)us, thejn^f^fkdpers of the Gates. of theTaberfJAck (fy7r:iTi?,i% i.\iT&\i%-h( -ths vrupiiA.ioh^^^'& familtx eo- rum per vices) and their Fathers hyturm, or Rot^iox.: rSo that Offices and Services by Courfes, Turns, or. Rotation, are.- plainly more anti- ent than Kings ia the Commonwealth of Ifrael; tho.it be true that when the Courfes. or Rotation of the Congregation or Reprefentative of the People were firft introduced, is as hard to ffiew^ as it would be how, afcer the People were once planted upon their. Lots, they couJd be otherwife aflfembrd.' If Writers argue well and lawfully from what the Sanheirtm was in the inftitution by J e h o s a p h a t, to what it had more autiently bin ; to argue from what the Congregation Wvasin the inftitution by Pa v i d, to what it had more antiently. bin, is fufficiently warranted. - ■•■.,; v^; -' i •: ri ro >£'»/ THESE things rightly confider'd, there remains littlis doubt but we have the courfes ot Jfrael for the iirfl: example of Rotation in a popular AlTembly. Now to com from the Hebrew to the GreciAnYv\i- dence, the fame is approv'd by A r i st o t l e, which he exemphfys in the ;Common wealth of T h a l e s M i l e s i u s, where the People, PoL 1.4.0.14. he fays,. alTembl'd ('"'cT^^s'®^ «Ma/A«miTOs aeeoou;.-) by turns or Rotation, Nor is the Roman Prudence without fom fhadow of the like Proceding, where the Prerogative (pro tempore) with the jure vocat£^ ■■'-■ being made by Lot, gave frequently the Suffrage of the whole People. But the Go//w Prudence in the Policy of the third State, runs alto- gether upon the Colleftion of a Reprefentative by the Suffrage of the People (tlio not fo diligently regulated, by Terms and Vacations, as to a {landing AlTembly were neceflary, by Turns, Rotation, Parem- bole or Courfes) as in the eleftion of the late Houfe of Commons, and the conftitutive Viciflitude of the Knights and BurgelTes, is known by fufficient experience. WHEN the Rotation of a Commonwealth is both in the Magiftra- cy and the People, I reckon it to be of a fourth kind, as in Ifrael, where both the Judg and the Congregation were fo eleded. T HE fifth kind is when the Rotation of a Commonwealth is in the Jvlagi'ftracy and the Senat, as in thofe o( Athens, of the Achaans, of the JLtolianSy of the Ljcians^ and of Fenice ; upon which Examples, ra- ther for the influence each of them, at leaft Athens, may have upon the following Book, than ^y.great necefTity from the prefentoccafion, I fliall inlarge In this place, ^! ^^ THE Commonwealth of J/ /'t'wj was thus adminifter'd. Epitomeofthe T HE Se/iat of the Bean being the piopofmg Affcmhly (for thae' of Athenian Com- the ^rfo/'/Tg/?/, caWW nKo z Sen.it, vvasa Judicatory) confifted of four hundred Citizens chofen by Lot, which was perform'd with Beans. I'liefe were annually remov'd all at once: By which mtansAthens became fruftrated of the natural and necelfary ufe of an Ariflocracy, M'hile nei- ther her Senators were chofen for their parts, nor remain'd long e- nough in this FunQion to acquire the right linderftamling of their i>roi per Office. Thefe thus elefted, were fufadiyided by Lot into foUrC- qual parts, call'd Prytoftfi, each of which for bne quarter of die yea'r .. :.. . , ; ;f; ^ "' -* was of Pofular Government. ^07 was in office. The PrjUny, or Prytans in office, eleSed teri Prefi- Chap, i i, dents, call'd Proedri, out of which Proedri or Prefidents they weekly \-<''"VV> chofe one Provoft pf the Council, who \^as call'd the Epfiata. The Epifiata and the Proedri were the more peculiar Propofers to the Prj- tansj and to the Prjtans it belong'd efpecially to prepare bufinefs Petit, deLcg; (tsqq tms fJ.b\MS ;t, -c^o TH5 iKKAviflws) tQi- thcSenat. They gave aifo au-'^"" dience to any that would propofe any thing concerning the Common- wealth, which if, when reported by the Prytms, it were aJ)prov'd by the Senat, the party that propos'd might promulgat the bufinefs ; and Promulgation being made, the Congregation alfembrd, and deter- mined of it. Sic data concio Ldio e/?, froceffit ille^ & Grxcus apud Grac$s Cic. pro Fkc' non de culpa, fua dixit ^ fed de pcena quejlus ejl ; porrsxerunt mAnus^ Pfe- phifmA natum efi. THE Pry/^/yj and their Magiftrats had right to affemble the Senat, and propofe to them : and what the Senat determined upon fuch a Pj-o- pofition, if forthwith to be offered to the People, as in privat cafes, wascaird Proboulemx ; but if not to be propos'd till the People had a years trial of it, as was the ordinary way in order to Laws to be enaft- ed, it was call'd Pfephifmx ; each of which words, with that difference, fignifys a Decree. A Decree of the Senat in the latter fenfe had for one year the power of a Law, after which trial it belong'd to the Thef- mothetdi (-sreov^'cpav) to hang it in writing upon the Statues Of the He- ros, and aflemble the Congregation. Thefe Magiflrats were of theuipian. ad number of the Jrchons^ which in all were nine ; the chief, more pecu- ^^'^' '• Jiarly fo call'd, was A r c h o n E p o n y m u s, he by whofe name the year was reckon'd or denominated (his Magiftracy being of a Civil ^°'^- '• ^- ^•®' concernment) the next was the King (a Magiftrat of a Spiritual con- cernment) the third the Polemarch (whofe Magiftracy was of a Mili- tary concernment) the other fix were the TheJmothet<«^ who had fe- veral Funftions common with the nine ; others peculiar or proper to themfelves, as (-sreoy^eii) to give the People (by Placarts) notice when the Judicatorys were to aflemble, that is, when the People were toafllemble in that capacity, and to judg according to the Law made; or, when the Senat or the People were to alfemble upon an li-^ the Senat, might abrogac a Law, provided withal he put another in the place of it. Thefe Laws the Proedri of the Prjtans were to put to the Suffrage, FIRST, the old, whether it agreed with the Athenian People, or not ? then the new ; and whether of thefe happen'd to be chirotoniz'd or voted by the Nomothetx, was ratify'd, according to that piece of the Athenian Law cited by Demosthenes againft T i m o c r a- TES, OTTOTjeoi' J^' «v TC-v v6(AXf:V \&ii=="v""<50 common with that of the nine Archons, corns QJ^lx (^) to fhcwyou wliat was peculiar to themfelves, namely, to give notice when the J-IeluA or other Judicatorys were to aflemble ; the Doftor renders ir, t/jey doprivatly frefcribe : as if the Seflion of a Court of Juftice, and fuch a onfe as tontain'd a thoufand Judges, being the Reprefentative of the whole People, were to be privatly prefcrib'd. Then to ihis privat trefcrtbing ofJuJf/ce^hQ adds, that they Ao publicly promulge (piraLjyt^i**,) Citations upon Crimes not within the written Law; as if privat Pre- fcription and public Promulgation could ftand together. Next, wheras Promulgation in the very nature of the word ifignifys an A£t before a Law made, he prefumes the Law to be firft made by the Rulers, and then promulgated by thQThefmotheu to the People, kirn kam to the experience of all Commonwealths, the nature of Promul- gation, and the fenfe of his Author, whofe words, as I fliew'd before, declare it to have bin the proper or peculiar office of the Thefmothetae to give the People notice when they rverg to AJfemblefor Judicature, or vphen for giving their Chirotonia or Suffrage^ by Promulgation of the Caufe (ds T (Z'vi^uov) upon which they were to determin. FOR the fourth palTage, the Dodlor quoting a wrong place for thefe words, \b^o-n\"i\o:r'm\/ oi xoixoSi'mii that the Nomothetx (being a Reprefentative, as I fhew'd, of the whole Peopje, chofen by Lot, and in number one thoufand) chirotoniz?d^ or gave the Legijlative Suffrage; thence infei's, that the Rulers chirotont£d^ voted of made Laws by themfelves tvithout the People : which is as if one fhould fay, that the Prerogative Tribe in Rome^ or the Houfe of Commons in England^ gave their Vote to fuch or fuch a Law, therfore it was made by the Rulers alone, and not by the People of Rome or of England. FOR the fourth Pa fTage, Stephanus quotes Demosthe- nes at large in thefe words, cut? p^sAvis, ovn J^yii^s xeif^i^iiicravTos ivn'. This the Doftor interprets of an Officer; to which I (hall fay more, when lie fliews me where the Sentence is, or what went before : for as yet I do not know of an Officer in any Commonwealth, whofe EleQion was indifferently made, either by the Senat or by the Peo- ple ; nor do I think the Doclor has look'd further for this than Ste- phens, who has hot interpreted it. THE fifth palTage is, That a. Decree of the Senat in Athens had the force of d Law for one year, without the People. So had the Edifts of the Praetors in Rome : but I would fain know, whence the Senat in jithensy or the Praetors in Rome, originally deriv'd this Right (which was no more than that fuch Laws might be Probationers, and fo bet- ter underftood when they came to the vote) but from ths Chirotonia, or Suffi-age of the People, THE fixth paflage flops the mouths of fuch as having nothing to fay to the matter of my writing, pick quarrels with the manner or freedom of it, the Liberty I take in the defence of Truth ; feeing the Doftor takes a greater liberty upon other terms, while he bids his Antagonift: (one that defended the Caufe now in my hand) go and confult his Authors, mm^lYy Stephens and Buds, us again: for, fays he, you wrong thofe learned Men, while you would have its believe that they were as ignorant of the Greec Story as your felf, or that things *re to be found in them which are not. To which Confidence I have better leave of Popnlar Government, ^^ 1 1 " leave tofay, that the Doddt flioiild do well to take iid Avorfd Gounfil Chap. 12. tharf- he gives; ■ ■••^ . -''-■-■' :i':;'ii- ' ; . ' >:i .. ■■•'■.■■ ' *.x5="\/-^^o ' BUT what' i^'-tecom of ^^' Prevancatbr? "I have quite lofl: him, elfel fliould have intreated him' to compare his Notes out Of my- Sermon, with thefe out of the DoGor's ; or retraft that faime affecta- tion, in faying, / kmrv mt horv^ hut Mr. Harrington hits con- m'Kp'dt, a great u»kindnefs for the Clergy. As if thefe their Stratagems, wkh which theyffiake perpetual War againftthe unwary People,did not coneern-amah that has undertaken the caufe of Popular Government. : -TH E Polfcy'orthe Jch^ans conC^{\:ed of divers Commonwealths under one, which was thus adminifter'd. The Citys fent their De- pugys twice every year of courfe, and oftner if they were fummon'di by their Strategas, or their Demiurges, to the place appointed. The StrategU'S was the Supreme Magiftrat both Military and Civil, and the Demiurges being ten, were his Council, all Annual Magiftrats e- fcfted by the People. This Council thus conftituted, was call'd the Sytiarchy, and perforfn'd Hke Dutys, in relation to the Senat, con- fining of the Deputys fent by their peculiar Soveraintys or Citys, as the Prytans to that in Athens, The' Policys of the JLtolians and Lj- eiani are fo near the fame again, that in one you have all. So both the Senats and the Magiftracy of thefe Commonwealths were upon Rota- tion.- To conclude with Venice. '■■■ ^ ■:^ HE Commonwealth of Venice confifts of four parts ; the Great Epitome of the Council, the Senat, the College, and the Signory. _ ofTcnkef' THE Great Council is the aggregat Body of the whole People, The oreat or Citizens of Venice, which, for the paucity of their number, and C""""'- the i^ntiquity of their Extraftion, are call'd Gentlemen^ or Noble Ve- netians. Every one of them at five and twenty years of age has right of Seflion and Suffrage in this Council ; which right of Suffrage, be- caufe throout this Commonwealth, in all Debates and EleftionS, it is given by the Ballot, is call'd the right of Balloting, wherby this Coun- cil being the Soverain Power, creates all the reft of the Orders, Coun- cils, or Magiftracys ; and has conftitutively the ultimat Refulr, both m cafes of Judicature, and the Conftitution of Laws. THE Senat, call'd alfo the Pregati, confifts of fixty Senators pro- ^*^' ^^"''^i perly fo ftil'd, wherof the Great Council ele6ls fix on a day, begin- ning fo long before the month of O^iober, that thefe being all chofen by that time, then receive their Magiftracy : it confifts alfo of fixty more, call'd the Junta, which areeleded by the Scrutiny of the Old Senat, that is, by the Senat propofing, and the Great Council re- folving ; the reft of their Creation is after the fame manner with the former. In the Sixty of the Senat, there cannot be above ,^ircc of any one Kindred or Family, nor in the Junta fomany, unlefs there be fewer in the former. Thefe Magiftracys arc all annual, but ^'ithout interval, fo that it is at the pleafure of the Greajf Council, whether a Senator having finifh'd his year, they will ele£b him'again. -'THE College is a Council confifting more efpecially of thvecOt- The college^ ders of Magifti-acs, call'd in their Language Savi ; as the Savigrandi^ to Xvhofe-eognizance or care belong the whole affairs of Sea and Land ; tlife >Savi di Term fcr?r,a, to whofe care and cognizance belong the affairs of the- Land 5 andthe 5*Wi^/ Mare, to whofe cognizance ap- --' pertain 2X2 ^^^ Trerogative Book I pertain the affairs of the Sea, and of the Hands. Thefe are defied O^v^ijby theSenat, not all at once; but for the Savi grmdi^ who are fix, by three at a time, with the interpofition of three months ; and for the Savi di Terra ferma, and the Savi di Afare, who are each five, after the fame manner, fave only that the firfb Eleftion confifts of three, and the fecond of two. Each Order of the Savi eledls week- ly one Provoft, each of which Provofts has Right in any affair belong- ing to ijie cognizance of his Order, to propofe to the College. Au- dience of EmbalTadors, and matters of foren Negotiation, belong properly to this Council. ne siiiiory. THE Signory confifls of the Duke and of his Counfillors. The Duke is a Magiftrat created by the Great Council for life, to whona the Commonwealth acknowleges the Reverence due to a Prince, and all her Afts run in his name ; tho without the Counfillors he has no Power at all, while they can perform any Funclion of the Signory without him. The Counfillors, whofe Magiftracy is annual, are e- Icfted by the Scrutiny of the Senat,. naming one out of each Tribe ( for the City is locally divided into fix Tribes) and the Great Council approving ; fo the Counfillors are fix, whofe Fun6lion in part is of the nature of Mafters of Requefls, having withal power to grant cer- tain Privileges : but their greatefl: preeminence is, that all or any one of them may propofe to any Council in the Commonwealth. Certain Rights THE Siguory has Seffion and Suffrage in the College, the College fl/r/;eCoOTd/i.has Scflion and Suffrage in theSenat, and the Senat has Seffion and Suffrage in the Great Council. The Signory, or the Provofts of the Savi, have power to aflemble the College, the College has power to aflemble the Senat, and the Senat has; power to aflemble the Great Council ; the Signiori, but more peculiarly the Provofts of the Saviy in their own Offices and Funftions, have power to propofe to the College, the College has power to propofe to the Senat, and the Senat has power to propofe to the Great Council. Whatever is thus pro- pos'd and refolv'd, either by theSenat ( for fomtimes, thro the fecu- rity of this Order, a Propofition gos no further) or by the Great Council, is ratify'd, or becoms the Law of the Commonwealth. Over and above thefe Orders, they have three Judicatorys, tvv'o Civil and one Criminal, in each of which forty Gentlemen elefled by the Great Council are judges for the term of eight months ; to thefe Judicatorys belong the Avogadori and the Auditori, who are Magiftrats, having power to hear Caufes apart, and, as they judg fitting, to introduce them into the Courts. I F a man tells me, that I omit many things, he may perceive I write an Epitome, in which no more fhould be comprehended, than that which underftood may make a man underftand the reft. But of thefe principal parts confifts the whole body of admirable Venice, THE Configlio de' Died, or Council of Ten, being that which partakes of Didatorian Power, is not a limb of her but as it were a Sword in her hand. This Council ( in which the Signory has alfo Seffion and Suffrage) confifts more peculiarly often annual Magiftrats, created by the Great Council, who afterwards eled three of their own number by Lot, which foeleftedare caird Capide' Died, their Magiftracy being monthly : Again, ou: of the three O^/, one is taken by Lot, whofe Magiftracy is weekly : this is he, who over againft the Tribunal in the Great Council fits like another Duke, and is call'd the * Provoft I of Pofular Government. 5 1 5 Pi-ovoft of the Died. It belongs to thele three Magiltrats to aflemble ChUp. 1 2„ the Council of Ten, which they are obli^'d to do weekly of courfe, and oftner as they fee occafion. The Council being alTembrd, any one of the Signory, or two of tlie Capt may profjofe to it: the power which they now exercife ( and wlierin for theii- aflifliance they create three Magiftrats call'd the Gra/id Inqrajitors') confifts in the punifli- liient of certain heinous Crimes, efpecially that of Treafon ; in rela- tioh wlierto they are as it were Sentinels, ftanding upon the guard of the Commonwealth : But conftitutively (with the addition of a Junta, confifting of other fifteen, together with fom of the chief Ma- giftrats having Right in cafes of important fpeed or fecrecy to this Council) they have the full and abfolute Powfer of the whole Com- monwealth as Dictator. * THAT T^enice either tranfcrib'd the whole and every part of her Conftitution out of Athens and Lacedemoft^ or happens to be fram'd as if fhe had fo don, is moll: apparent. The Refult of this Common- wealth is in the Great Council, and the Debate in the Senat : fo was it in Lucedemon. A Decree ntade 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 ftands good without the Great Council, unlefs thefe fee reafon to revoke ir. The Prjtans were a Council preparing bufmefs for the Senat ; fo is the Co/legioin Venice: the Prefidents of the Prjtans were the tenProedri; thofe of the Collegid are the three Pi ovofts of the Savi; The Archons or Princes of Athens being nine, had a kind of Soverain Tnfpediori upon all tlie Orders of the Commonwealth ; fo has the Signory of Venice^ confifling of nine btfides the Duke. The Quarancys in Venice are Judicatorys of the nature of the Helixa in Athens ; and as the Thtfmotheta heard and introduc'd the caufes into that Judicatory, fo do the Avogadori and the Auditori into thefe. The Configiio de* Died in Venice is not of the Body, but an Appendix of the Commonwealth ; fo was the Court of the Ephori in Lacedemon : and as thefe had power to put a King, a Magiftrat, or any Delinquent of what degree foever to death, fo has the Configiio de* Died. This again is wrought up with the Capi de' Died, and the weekly Provoft, as were the Prytans with the Proedri, and the weekly Etijhta ; and the Ballot is lineally defcended from the Bean : yet is V'enice in the wriole, and iri every part, a far more exquifit Policy than either Athens or Lacedetnoa. A POLITICAL is like a natural Body. Commonwealths re- femble and differ, as Men refemble and differ ; among whom you fliall not fee two Faces, or two Difpofitions, that are alike. Peter and Thomas in all their parts are equally Men, and yet Peter and Thomas of all Men may be the moft unlike; one may have his greater ftrength in his Arms, the other in his Legs; one his greater Beauty in his Soul, the other in his Body ; one may be a fool, the other wife ; ohe valiant, the other cowardly. Thefe two, whicli at a diftance you will not know one from the other, when you look nearer, or com to be better acquainted with, you will n^tr miftake. Our Confiderer (who in his Epiftle would make you oelieve that Oceana is bui a mere Tranfcripiion out of Vefiice ) has Companions Hkc himfelf; and how near they look into matters of this nature is plain, while one knows not Jethk-o from Moses, and the S f other 51 A T^h(^ Prerogative Book I. otlier takes a ftate of Civil War to be the beft model of a Civil Govern- L>"VA-' ment. L E T a Man look near, and he fliall not find any one Order in Oceaffa ( tlie Ballot only excepted) that has not as much difference from, or refemblance to any one Order in Rome or Venice, as any one Order in Rome or Femce has from, or to any one Order in Athens or Lacedemon : Which different temper of the parts muft of neceflity in the whole yield a Refult, a Soul or Genius, altogether new in the World, as imbracing both the Arms of Rome, and the Counfils of Venice \ and yet neither obnoxious to the Turbulency of theone, nor the narrownefs of the other. BUT the fum of what has bin faid of Venice, as to the bufinefs in hand, coms to no rporethan that the Senat and the Magiftracy of this Commonwealth are upon Rotation. No more : nay I am well if it coms to fo much. For the Prevaricator catching me up, where I fay, that for all this the greater Magiftracys in Venia are continually Confid. ^ 53. wheel'd thro a few hands, tells me, that / have confejl it to be otherxvife. I have indeed confeft, that tho the Magiftracys are all confer'd for certain terms, yet thofe terms do not neceflitat Vacations ; that is, the term of a Magiftracy being expired, the Party that bore it is capable upon a new Election of bearing it again without interval or vacation : which dos not altogether fruftrat the Rotation of the Commonwealth, tho it renders the fame very imperfeft. This infirmity of Venice derives from a complication of Caufes, none of which is incident to a Commonwealth confifting of the Many : wherfore there lys no obligation upon me to difcover the reafon in this place. But on the contrary, feeing, let me fliew things never fo new, they are fiighted as old, I have an obligation in this place, to try whether I may gee efteem by conceaHng fomthing. What is faid, every body knew be- fore ; this is not faid, who knows it ? A Riddle. RIDDLE me. Riddle me, what is this ? The Magiftracys in Venice ( except fuch a^s are rather of Ornament than of Power ) are all annual, or at moft biennial. No man rvhofe term is exfir^d, can hold his Magiftracy longer, bat by a new Election. The Eleflions are moft of them made in the Great Council, and all by the Ballot, which is the moft equal and im- partial way of Suffrage. And yet the greater Magiftracys are perpetually wheePd thro a few hands. I F I be worthy to give advice to a man that would ftudy the Po- litics, let him underfi:and Venice ; he that underftands Venice right, fhall go neareft to judg ( notwithftanding the difference that is in eve- ry Policy) right of any Government in the World. Now the affaulc of the Confiderer deriving but from fom Pique or Emulation which of us fhould be the abler Politician, if the Council of State had the cu- riofity to know either that, or who underftands Venice, this Riddle ■would make the difcovery ; for he that cannot eafily unfold this Rid- dle, dos not underftand her. THE fixth kind of Rotation is when a Commonwealth gos upon it in all her Orders, Senat, People, and Magiftracy. Such a one taking in the Many, and being fix'd upon the foot of a fteady Agra- rian, has attain'd to perfeft Equality. But of this an example there is none, or you muft accept of Oceana. THE of Popular Government. 315 THE Rotation of Oceana is of two parts, the one of tlie Eleftors Chap. 12, which is annual, and the other of the Elefted which is triennial. k^utm'o^ SPEAKING of Eleftors in this fenfe, I mean as the great oceana.' " Council in Fe/iice are Eleftors of all other Orders, Councils or Magi- ftrats. But the Commonwealth of Oceana taking in the whole People, cannot, as dos the Great Council of Fenice (wherin they that have right are but a few) attain to this capacity at one flep : for which caufe fhe takes three fteps ; one at the Pariflies, where every fifth Elder is annually eleQed by the whole People. There is no doubt but there was fom fuch Order in JJrael wherby the monthly Rotation of her Congregation or Prerogative, by eleftion of two thoufand in each Tribe, was preferv'd. The next ftep fhe takes is at the Hundred, wherby eleftion of Officers and Magiftrats, the Troops chofen at the Parifhes, are very near form'd. Her third ftep is at the Tribe, where the whole body of her Deputys are in exaft Form, Difciplin and Fundion, headed by proper Officers and Magiftrats, thefe alto- gether confifting of one fifth part of the whole People. This Rotation being in it felf annual, coms in regard of the body of the People to be quinquennial, or fuch as in the fpace of five years gives every man his turn in the power of Election. BUT tho every man be fo capable of being an Eleftor, that he muft have his turn ; yet every man is not fo capable of being elected into thofe Magiflracys that are Soverain, or have the leading of the whole Commonwealth, that it can bq. fafe to lay a neceffity that eve- ry man mufl; take his turn in thefe alfo : but it is enough that every man, who in the Judgment and Confcience of his Country is fit, may take his turn. Wherfore upon the Confcience of the Eleftors, fo confl;ituted as has bin fhewn, it gos to determin who fhall partake of Soverain Magiftracy, or be at the Affembly of a Tribe elefted into the Senat or Prerogative ; which Aflemblys are fo triennial, that one third part of each falling every year, and another being elefted, the Parla- ment is therby perpetuated. SUCH was the Conftitution of thofe Councils which the Prevarica- tor hasconfeft he always thought admirable,but now the toy takes him to be quite of another mind ; for, fays he. That antient Republics have CoaM. p. 90. thro a malicious Jealoafy (let them take it among them) made it un- lawful even for Perfons of the clear efi merit to continue long in command^ hut have hyferpetual viciffitude fubflituted new men in the Government ^ is rnanifefl enough ; but with what fuccefs they did thts^ will befi appear by Veturius, Varro, and Mancinus. He is ftill admirable : One would wonder what he means ; if it be that there were but three weak or unfortunat Generals in the whole courfe of Rome^ how /Irange is it to urge this as an Argument againft Rotation, which is as ftrong a one as can be urg'd for Rotation ? If the Romans by this way of Eleftion having experience of an able General, knew ever after where to have him ; or fighting upon one they found not fo fit for their purpofe, could in the compafs of one year be rid of him of courfe, without diOionor or reproach to him, taking therby a warn- ing to com no more there ; was this a proceding to favor malice ? or fuch as one as, removing the caufe of malice, left no root for fuch a branch or poffibility of like eBeft ? Certainly by this alTertion the Prevaricator has joked his prefumtuous Head not only againfl: the prudence of antient Commonwealths, but of God himfelf in that of S f 2 IfraeL The Vreroodtive o Ifrael. Veturius, Varro, and M a n c i n u s ( tho fom of them cannot be at all points excus'd ) by this mark upon them, may be thought hardlier of than is needful ; for which caufe there being that alfo in their Storys which is neither unpleafant nor unprofitable, I fliall indeavor to make the Reader fomwhat better acquainted with them. One of the greateft blows Rome ever receiv'd was by Pontius, Captain General of the Samnits, who having drawn Lir, 1. 5. her Confuls, Posthumius and Veturius, by Stratagem into the Straits of Cmditm, a Vally of narrow entrance, and fhut up the mouth of it by poflelTing himfelf of the only Paffage, the reft being inviron'd with infuperable Rocks, the Samnit came to have both the Armys, and fo upon the matter the whole ftrength ( in thofe days) of Ronie inevitably at his difcretion. Hereupon, having leifure, and being defirous (in a matter of fuch moment) of good advice, he dif- patch'd a MefTenger to his Father H e r e n n i u s, the ableft Coun- fillor in Sammum^ to know what might be his beft courfe with the Romans now inavoidably at his mercy, who anfwer'd, that he jhould open the Pafs, and let them return untouch'' d. The young General amaz'd at this Counfil, defir'd farther direftion; wherupon Herennius for the fecond time made anfwer, tha,t he fljould cut them off to a man. But the Genera], upon the ftrange difagreement of fuch opinions, having his Fathers Age ( for he was very old ) in fufpicion, took at -• third courfe, which neither (according to the firft advice of wife- Herennius) making friends, nor^ according to the fecond, de- ftroying Enemy s^ became as he prophefy'd the utter Ruin of the Com- monwealth of Samnium. For the Romans being difmift fafe, but ig- nominioufly, the Senat upon their return fell into the greateft ftrait and conflernation that had bin known among them. On the one fide, to live and not revenge fuch an affront was intolerable ; on the other, to revenge it was againft the Faith of the Confuls, whofe neceflity (the lofs of two Armys lying upon it) had in truth forc'd them to accept of a diflionorable League with the Samnits. Now not the Armys, but the Senat it felf was in Caudium, not a man of them could find the way out of this Vale inviron'd with Rocks, but he only that could not find it out of the other; Posthumius, who''' having firfl fhew'd, that neither War nor Peace could be fo made, as to ingage the Commonwealth (injuffu Popu/i) without the Com- mand of the People, declar'd that the Senat returning the Confuls, with fuch others as had confentedto fo wicked and diflionorablea Peace, naked, and bound to the Samnits, were free : nor ceas'd he till the Senat ( therto preft by the neceflity of the Commonwealth) re- folving accordingly. He, Veturius, and fom of the Tribuns were deliver'd to the Samnits ; who, neverthelefs, to hold the Romans to their League, difmifl them with fafety. The Difputes on either fide that arofe hereupon, and, coming to Arms, ended with the de- flruftion of Samnium, I omit. That which as to the prefent occafion is material, is the Reputation of the Confuls ; and Veturius, tho he were not the leading man, being for the reft as deep in the Aftion as Posthumius, the People were fo far from thinking themfelves deceiv'd in this choice, that the Confuls were more honor'd in Rome for having lofl, than Pontius in Samnium for having won the day at Qaudium. of Fopuldr Government, oiy t DO not rob Graves, nor fteal Windingfheets ; my Controver- Chap. i2' fys are not but with tlie Living, with none of thefe that have not u/'^/'Aw; ftiew'd thcmfelves bell able for their own defence ; nor yet with fuch, but in the profecution of Truths oppos'd by them to the damage of Mankind : yet the Prevaricator accufes me of rude charges. What are his then in defence of Falfhood, and againft fuch as cannot bite ? - or whetlier of thefe is the more noble ? FOR Varro, who being Conful of Rome, loft the Battel of Can?i£ to Hannibal, Captain General for the Cartbaginims, tho without Cowardice, yet by Raflinefs, he is not fo excufable. BUT for Mancinus, brought (as was Posthumius byFiorus, 1.2. the Samnits') to difhonorable conditions by Megera, Cz^mn'^- ^^' General of the A^aw4»f/»j, there be excufes : Asfirft, tht Nummtins, for their number not "exceding four thoufand fighting men, were the gallanteft of fo many, on which the Sun ever fhone. FOURTEEN years had their Commonwealth held tack with the Romans, in Courage, Conduft, and Virtue, having worfted Po m- p E Y the Great, and made a League with him, when flie might have made an end of him, e're ever Mancinus (of whom Cicero gives a fair Charader ) came in play : So his Misfortunes, having great examples, cannot want fom excufe. But fuppofe none of them deferv'd any excufe, what is it at which thefe examples drive ? againft a Commonwealth? Sure xhc Samnits, the Carthaginians, thsr Numantins were as well Commonwealths as the Romans ; and fo wherever the advantage gos, it muft ftay upon a Commonwealth : or if it be Ro- tation that he would be at (for we muft guefs) granting Pontius the Samnit, and Megera the Numantin, to have bin no more up- on Rotation, than Hannibal the Carthaginian ; yet is it plain that Rome upon her Rotation overcame not only Pontius, Han- nibal and Megera, but Samnium, Carthage, and Numantia. So much for Rome ; but, fays he. No lejs appears by the Rabble of Ge-Confid. ^ pr. nerals often made ufe of by the Athenians, rvhile men of Valor and Con- duct have lain by the walls. A RABBLE of Generals did I never hear of before ; but not to meddle with ^is Rhetoric, wheras each of hisObjeftions has at leaft fom one Contradidion in it, this has two (one a priori, another a. pojiertori ) one in the fnout, another in the tail of it. For had there bin formerly no Rotation in Athens, how fliould there have have bin men of Valor and Conduct to ly by the Wa'ls ? And if Rotation thence- forth Oiould have ceas'd, how could thofe men of Valor and ConduB have donotherwife than ly by the Walls? So this inavoidably confeffes, that Rotation was the means wherby Athens came to be ftor'd with Perfons of Valor and Conduct, they to be capable of Imployment, and the Commonwealtli to imploy the whole Virtue of her Citizens : And it being, in his own words, an Argument of much imperfection in a Go- vernment not to dare to imploy the whole Virtue of the Citizens, this wholly routs a ftanding General ; for the Government that dares im- ploy but the Virtue of one, dares not imploy the Virtue of all. Yet he jogs on. THOSE Orders muft needs be againft Nature, which, excluding Per- ConM. t' 91' fons of the beft ^altfcations, give admiffion to others, who have nothing to commend them but thei/ Art incanvajjittg for the fujfrage of the People. He never takes notice that the Ballot bars Canvafling beyond all poffi- bility 3x3 The Prerogative Book I. bilityof any fuch thing; but we will let that go. CanvafTing, it is v-J confeft, was more frequent in Rowe and Athens than is laudable, where neverthelefs it is the fironger Argument for the integrity of po- pular Suffrage, which, being free from any aid of Art, produc'd in thofe Commonwealths more illuflrious examples (if a man gos no further than Plutarch's Lives) than are to be found in all the reft of Story. Confid. p. ?i. TET, fays he, this Larv has bin as often broken as a Commomvealth has bin brought into any exigence \ for the hazard of truftmg Affairs in weak hands then appearing, no fcrufle has bin made to trample upon this Order, for giving the Power to fom able man at that time rendered incapn- hle by the Vacation this Law requires. The continuation of the Conful- jhip of Marius is fufflcient to be alleged for the proof of this, tho, if occafion were, it might be backed bj plenty of examples. His choice con- futes his pretended variety, who jefts with edg'd tools : this example above all will cut his fingers; for by this prolongation of Magiftracy, or, to fpeak more properly, of Empire ( for the Magiftracy of the Conful was Civil, and confer'd by the People Centuriatis Comitiis, but his Empire was Military, and confer'd Curiatis) jRowz? began to drive thofe wheels of her Rotation heavily in Marius, which were quite taken off in C^sar. I H A V E heretofore in vain perfuaded them upon this occafion, to take notice of a Chapter in Macchiavel, fo worthy of re- gard, that I have now inferted it at length, as follows : Macch. Difcor. THE Procedings of the Koman Commonwealth being well confider''d, h. 3. c. 24. ^^^ things mil be found to have bin the caufes of her dijjolution. The Contention that happen'd thro the indeavor of the People ( always oppos''d or eluded by the Nobility ) to introduce an Agrarian, and the damage that accru'dfrom the prolongation of Empire ; which Mifchiefs, had they bin forefeen in due time, the Government by application of ft Remedy s 7night have bin of longer life and better health. The Difeafes which this Com- monwealth, from contention about the Agrarian, contracted, were acute and tumultuous ; but thofe being flower, and without tumult, which flje got by promulgation of Empire, were Chronical, and went home with her, giving A warning by her example, how dangerous it is to States that would injoy their Liberty, to fuffer Magijlracy (how defervedly foever confer'' d ) to remain long in the pojfejjion of the fame man. Certainly if the reft of the Romans, whofe Empire happen d to be prolong'd, had bin as virtuous and provident as Lucius Qu i n t i u s, they had never run into this inconvenience. Of fuch wholfom example was the goodnefs of this man, that the Senat and the People, after one of their ordinary Difputes, being com to fom accord, wheras the People had prolong d the Magiftracy of their prefent Tribuns, in regard they were Perfons more ftly oppos''d to the Am- bition of the Nobility, than by a new Election they could readily have found ; tvhen hereupon the Senat ( to fhew they needed not be worfe at this game ) would have prolong'd the Confulat to Qu i N T i u s, he refus'd his confent, faying, that ill examples were to be correal ed by good ones, and not incourag^d by others like thernfelves ; nor could they ftir his Refolution, by which means they were necefjitated to make new Confuls. Had this Wif- dom and Virtue, I fay, bin duly regarded, or rightly underflood, it might have fav''d Rome, which thro this neglect came to ruin. The frft whofe Empire happeit'd to be prolong d was PubliliUS Philo, his Conful- at expiring at the Camp before Palspolis, while it feem'd to the Senat that of Popnlar Government. g i o he had the Victory in his hand, ( a8:uni cum Tribunis P]ebis eft, ad Popu- Chap. 1 2- lum ferrent ut cum Plulo Confulatu abiiflet, Proconful rem gereret)^;^^^"'^!*^ they fent him no Succejfor, but prolong'd his Empire, by which means he catne to be the frji Proconful. An Expedient ( thointroduc'dfor the pub- lic good ) that came in time to be the public bane : For by how much the Roman Armys march'' d further off, by fo much the like courfe feeming te be the more necejfary, became the more cufiomary ; whence infu'd two per- nicious confequences : The one, that there being fewer Generals, and Men of known Ability for Conduct, the Art with the reputation of the fame came to be more ingrofl, and obnoxious to Ambition : the other, that a Ge- neral (landing long, got fuch hold upon his Army, as could take them off from the Senat, and hang them on himfelf. Thus M A r i U s and S y l l .i could be follow'' d by the Soldiery to the detriment of the Commonwealth, and Cesar to her perdition. Wheras had Rome never prolong d Empire^ fhe might perhaps not fojoon have arriv'd at Greatnefs or Acquiftion^ but would have made lefs hajle to deffru5lion. ALL the Dilemma tliat M a c c h i A v e l obferves in thefe words is, that if a Commonwealth will not be fo flow in her acquifition as is requir'd by Rotation, flie will be lefs fure than is requifit to her pre- fervation. But the Prevaricator ( not vouchfafing to fliew us upon what reafons or experience he grounds his Maxim) is pofitive, ThatConM. ^.^2* the Dilemma into which a Commonwealth is in this cafe brought, is very dangerous ; for either jhe mufl give her felf a mortal blow by gaininc the habit of infringing fuch Orders as are neceffaryfor her prefervation, or re- ceive one from without. THIS fame is another Parakeetifm : thefe words are fpoken by me, after Macchiwel, in relation to Diftatorian Power, in which they are fo far from concluding againft Rotation, that this in cafe of a Dictator is more efpecially necelfary (^maxima libertatis cuflo- Mamercus a- dia eft, at magna impcria diuturna non (int, & temporis modus imponatur V^^ J-iv, 1. ^,- quibus juris impont nonpotejl) which could not be more confirm'd than by him, who in the example of Marius fhews that the con- trary courfe fpoiPd all. THE Romans, if they had fent a SuccelTor to Publilius Philo at PaUpolis, it may be might have let the Victory flip out of his hands, it may be not ; however this had bin no greater wound to the Commonwealth, than that her Acquifition would have bin flower, which ought not to com in competition with the fafety of a Government, and therfore amounts not to a Dilemma, this being a kind of Argument that fhould not be ftub'd of one horn, but have each of equal length and danger. Nor is it fo certain that increafe is flower for Rotation, feeing neither was this interrupted by that, nor that by this, as the greateft Aftions of Rome, the Conquefl: of Carthage by S c i p i o A f r i c a n u s, of M a c e d o n by F l a- M I N 1 u s, and of A n t i o c h u s by A s i a 1 1 c u s, are irrefraga- ble Teftimonys. I W O U L D be loth to fpoil the Confiderer^s preferment ; but he is not a fafe Counfillor for a Prince, whofe Providence not fupplying the defeft of Rotation, whether in civil or military affairs, with fom- thing of like nature, expofes himfelf if not his Empire as much to danger as a Commonwealth. Thus the Sons of Zerviah, Joab2 Sun, j. 39, Captain of the Hoft, and A b i s h a i his Brother, were too ftrong for David; thus the Kings oH/rael and of Juda fell mofl: of them by A 20 T'^^ Vrerogative Book 1 ^y ^heir Captains or Favorits, as I have elfwhere obferv'd more parti- 0'>^< ocularly. Thus Brutus being ftanding Captain of the Guards, cduld cafl: out Tarcluin; thus Sejanus had means to attemt againft Tiberius; Otho to be the Rival of G a l b a, Caspe- Rius -/Elianus of Nerva, Cassius of Antoninus, Perennis of CoMMODUs, Maximinus of Alexan- der, PhiLIPPUS of GORDIAN, ^MILIANUS of GallUS; Ingebus Lollianus, Aureolus, of Gallienus; MaGNESIUS ofCONSTANTlUS, MaXIMUS ofGRATIAN, ArbOGASTES of VaLENTINIAN, RufFINUS of A-R C A- D I u s, S T I L I c o of H o N o R I u s. Go ftom the Weft into the Eaft : upon the death ofMARCiANUs, Asparis alone, having the command of theAtms, could prefer Leo to the Empire; Phocas deprive Mauritius of the fame; Heraclius depofe Pho- cas; Leo IsAURius do as much to Theodosius Adra- MYTTENUS; NiCEPHORUS tO IrENE, LeoArmeNIUS to Michael CUrop'al ates, Romanus Lagapenus to Constantin, Nicephorus Phocas to Romanus PUER, JdHANNES ZlSM I SCEStO NiCEPHORUS PhOCAS, Isaac Comnenus to Michael Stratioticus, Bo- TONiATES to Michael the Son ofDucAS, Alexius Comnenus to Botoniates: which work continu'd in fuch manner till the deftruftion of that Empire. Go from the Eaft to the North: Gustavus attain'd to the Kingdom of Sweden, by his Power and Command of an Army ; and thus Secechus came near to fupplant Boleslaus the Third of Polmd. If Walles- T e I N had liv'd, what had beconi of his Matter ? In Frame the Race of Ph A R A M o N D was extinguifh'd by P i p i n ; and that of PipiN in like manner, each by the Majoi'of the Palace, a ftanding Magiftracy of exorbitant Truft. Go to the Judys : You fhall find a King of Pegu to have bin thruft out of the Realm of Tuftgu by his Captain Genera L Nay go where you will, tho this be pretty well, you ihall add more than one example. But as to the Prevaricator, if he was not given to make fuch mouths, as eat up nothing elfe but his own words, I needed not have brought any other Teftimony to abfolve a Commonwealth of Malice in this order than his own, where he Confid. t- 4'', fays, that when fom Perfon overtops the refi in Commands , it is a Difeaje 48- of Monarchy which eafily admits of this cure, that he be reduc'^d to a lefs Volum, and levePd to an equality with the reft of his Order. Now a Prince can no otherwife level a Nobleman, that excels the reft thro Command, to equality with his Order, than by caufing thofe of the fame Order to take their turns in like command. Good Wits have Hi Confid. /. P3. Memory s. But, fays he, / know not what advantage Mr. Harring- ton may forefee from the Orders of this Rotation, for my fart I can difcover no cither efjeci of it than this, that in a Commonwealth like that of Oceana, taking in the Many (for in Venice he confejfes it to be other- tvife ) where every man will frefs forward towards Magiflracy, this Law by taking off at the end of one year fom Officers, and all at the end cf three, will keep the Republic in a perpetual Minority : No man having time allow'd him to gain that Experience^ which may ferve to had the Commonwealth to the undirflanding of her true Interefi either at home or abroad, ¥/HAT of Popular Government 521 W H AT I have confeft to be otherwife in Venice^ I have fliewn Oiap. 12, already at leaft fo far as concerns the prefent occafion, the caufesof* ~ ~ that defefl; being incompatible with a Commonwealth confifting of the Many ; otherwife why was not the Hke found in Athens or Rome ? where tho every man preft forward towards Magiftracy, yet the Ma- giftrats were, for illuftrious examples, more in weight and number than are to be found in all the reft of the world. I F where EleQions were the moft expos'd to the Ambition of the Competitor, and the humors of the People, they yet fail'd not to ex- cel all others that were not popular, what greater Vindication can there be of the natural integrity of popular Suffrage even at the worft? But this, where it is given by the Ballot, is at the beft, and free from all that preffing for Magiftracy in the Competitor, or Faftion of the People that can any ways be laid to the former : or let the Confiderer confider again, and tell me by what means either of thefe in fuch a State can be dangerous or troublefom ; or if at worft the Orders for Eleftion in Oceanx muft not perform that part, better than a Croud and a Sherif. Well ; but putting the cafe the Eleftions which were not quarrel'd much withal be rightly ftated, yet this Law for Terms and Vacations, by taking off at the end of one year fom Officers, and all at the end of three, will keep the Republic in prptual Minority, no mm having time allow'' d him to gain that Experience, which may ferve to lead the Comntomvealth to the under flanding of her true Inter eft at home or abroad. Becaufe every man will prefs forward for Magiftracy, therfore there ought not to be Terms and Vacations, left thefe fliould keep the Commonwealth in perpetual Minority. I would once fee an Argument that might be reduc'd to Mode 'and Figure. The next Ob- jeftion is, that thefe Orders take off at the end of one year fom Officers, which is true, and that at the end of three years they take off all, which is falfe; for wheras the Leaders of tLe Commonwealth 'are all triennial, the Orders every year take off no more than fuch only as have finifh'd their three years'term, which is not all, but a third part. Wherfore let him fpeak out ; three years is too fhort a term for acquiring that knowlege which is necelTary to the leading of a Commonwealth. To let the courfes of Ifrael which were monthly, and the annual Magiftracys of Athens and Rome go ; if three years be toofliort a term for this purpofe, what was three months? AParla- ment in the late Government was rarely longer liv'd than three months, nor more frequent than once in a year ; fo that a man having bin twelve years a Parlament-man in England, could not have born his Magifti-acy above three years, tho he were not neceffarily fub- jefl: to any Vacation. Wheras a Parlament in Oceana may in twelve years have born his Magiftracy fix,notwithftanding theneceflity of his Vacations. Now which of thefe two are moft ftraiten'd in the time necelTary to the gaining of due experience or knowlege for the leading of a Commonwealth ? Neverthelefs the Parlament of England was feldom or never without men of fufficient Skill and Ability ; tho the Orders there were more in number, lefs in method, not written, and of greater difficulty than they be in Oceana. I'here, if not the Parla- ment man, the Parlament it felf was upon Terms and Vacations, which to a Council of fuch a nature is the moft dangerous thing in the world, feeing DifTolution, whether to a Body natural or political, is Death. For if Parlaments happeo'd to rife again and again, this was Tt not 523 ^^^ Prerogative Book I. not fo much coming to themfelves ( feeing a Council of fo dlfFerent Genius has not bin known ) as a new Birth ; and a Council that is every year new born indeed muft keep a Commonweakli in perpetual Minority, or rather Infancy, always in danger of being overlaid by her Nurfe, or ftrangl'd by her Guardian : wheras an Aflembly con- tinued by Succeffion, or due Rotation regulated by Terms, giving fufficient time for dlgefHon, grows up, and is like a man, who tlio he changes his Flefh, neither changes his Body nor his Soul. Thus the Senat of Vemce changing Flefh, tho not fo often as in a Common- wealth confifting of the Many were requifit, yet oftenefl: of any other in the world, is, both in Body and Soul, or Genius, the moft unchange- able Council under Heaven. Flefh muft be chang'd, or it will ftink of it felf ; there is a Term neceffary to make a man able to lead the Commonwealth to her Intereft, and there is a Term that may inable a man to lead the Commonwealth to his Intereft. In this regard it is, that, according to Mamercus, the Vacations are ( maxima, //- bertAtis cufiodia ) the Keepers of the Libertys of Oceana. THE three Regions into which each of the leading Councils is divided, are three Forms, as I may fay, in the School of State ; for them of the third, tho there be care in the choice, it is no fuch great matter what be their Skill ; the Ballot which they praftis'd in the Tribe being that in the performance wherof no man can be out : and this is all that is neceffary to their Novitiat or fir ft year, during which time they may be Auditors. By the fecond, they will have feen all the Scenes, or the whole Rotation of the Orders, fo facil, and fo in- telligible, that at one reading a man underftands them as a Book, but at once afting as a Play ; and fo methodical, that he will remember them better. Tell me then what it is that can hinder him for the fe- cond year from being a Speaker ; or why for the third, Ihould he not be a very able Leader. THE Senat and the Prerogative, or Reprefentative of the Peoplcj being each of like conftitutlon, drop annually four hundred, which in a matter of ten years amount to four thoufand experienced Leaders, ready upon new Ele£lions to refume their leading. ANOTHER thing which I would have confider'd is, whether our moft eminent men found their Parts in Parlament, or brought them thither. For if they brought them, think you not the military Orders ot the Youth, the Difciplin of the Tribes, the eight years Orb of the Embaffadors, the provincial Armys of Oceana, likely to breed men of as good Parts, as to fuch matters? Nor have. Aftrono- mers that familiarity with the Stars, which men without thefe Orbs will have with fuch as are in them. He Is very dull, who cannot per- ceive that in a Government of this frame the Education muft be uni- verfal, or diffus'd throout the whole Body. Another thing which is ascertain as comfortable, is that the pretended depth and difficulty in matters of State Is a mere cheat. From the beginning of the World to this day, you never found a Commonwealth where the Leaders having bonefty enough, wanted skill enough to lead her to her true Intereft at home or abroad : that which is neceffary to this end, is not fo much Skill as Honefty ; and let the Leaders of Oceana be diflioneft if they can. In the leading of a Commonwealth aright, this Is cer- tain, Wifdom and Honefty are all one : and tho you fliall find defers in their Virtue, thofe that have had the feweft, have ever bin, and for ever fhall be, the wifeft. R ME &/ Popnlar Government. g 2 1 R ME was never ruin'd, till her Balance being broken, the Nobih'ty Chap. 1 2.' forfaking their antient Virtue, dbaridonM themfelvesto their Lufts ; v.VV'Vi^ and the Senators, who, as in the cafe of Jugurtha, were all brib'd^ turn'd KnaVes ; at which Turn all their Skill in Government (and in this never men had -bin better skilPd) could not keep the Gommonwealth from overturning. Cicero, an hone ft man, Ja- bor'd might and main ; P o m p o n i u s A t t i c U s, another, de- fpair'd ; C a t o tore out his own Bowels ; the Poigniards of B r u- T u s and C a s s i u s neither confider'd Prince nor Father : But the Commonwealth had fprung her Planks, and fpilt her Ballaft ; the world could not fave her. FOR the clofe, the Prevaricator, \yho had judg'd before, that there was much reafon to expect forn of the Clergy ( agdnfl all of whom Confid. ^ ??, Mr. Harrington hxs iecUr'^d. War) would, undertake the Quarrel ^' 94- tells me in the laft line, that there be to whom he has recommended the Difquifttion of the Jewijh Commonwealth. IT is a miferable thing to be condemn'd to the perpetual Budget ; once turn an honeft man to me. Inthemean time, that it may be fur- ther feen, how much 1 am delighted in fair play, fince fom Divines, it may be, are already at work with me, and I have not fo fully explain'd my felf upon that Point, which with them is of the greated concernment, that they can yet fay, they have peep'd into my hand, or feen my game ; as I have won this trick. Gentlemen, or fpeak, fo I play them out the laft Card in the next Book for Up. An Advertifment to the Reader, or a Diredion contain'd in certain Qaerys, how the Common- wealth of Oceana may be examin'd or anfwer'd by divers forts of men, without fpoiling their high Dance, or cutting off any part of their Elegance, or freenefs of Expreffion. To the Scholar that has pafs'd his Novitiat in Story. i, 'X'WTHET HER the Balance of Property in Land coming thro \ \ Civil Viciffitude by flow and undifcerrPd degrees^ to alter as it did^ and to fland as it dos in Oceana, any other Government could have bin introduc'd^ other wife than by the interpofition of for en ArfaSy that could have fubfifted naturally rvithout Violence or Reluct amy ^ or jleddily without frequent Changes^ Alterations, and Planges^ except that only of the Commonwealth propos''d ? n. WHETHER the Balance in Land fo Jlanding, as hasbinfhewn^ the Commonwealth proposed, being once efiabliflj'd^ were without the immediat hand of God, as by Peftilence, Famin, or Inundation, to be alter'd or broken \ and which way ? Tt 2 To 3H To the Godly Man. i. T T JH ET HER Human Prudence be not a Creature of God^ and W to what end God made this Creature ? II. WHET HE R the Commonwealth of Ifrael in her main Orders^ thai is to fay, the Senat, the People^ and the Magijlracj/y was not erected bj the fame Rules of human Prudence with other Commonwealths ? III. W H ETHER Jethro were not a Heathen ? IV. WHETHER God did not approve of the Advice 0/ J E T h R o^ in the Fabric of the Commonwealth of Ifrael ? V. WHET H E R the natural Body of a Godly Man can any otherwife befaid to fupport and nourifh it felf in the Air, or between Heaven and Earthy than by a figurative Speech? or whether it be any more pffible for the Political Body of a People fo to do, than for the natural Body of d Godly Man ? To the Grandee, or Learned Commonwealthfman. i, "VXJHETHER a noble Houfekeeper has a, Horfekeeper, that is as VV ^ell'to live as himfelf; and whether the Houfekeeper Jbould he lofe his EJlate, would not be a Horfekeeper rather than want Bread ? II. W HET HER Riches and Poverty, moreor lefs, do not introduce Command or Obedience^ more or lefs, as well in a public as in a privat Efiate ? III. WHET HER the Introdu^ion of Command or Obedience, more or lefs, either in a public or private Efiate, dos not form or change the Genius of a Man, or of a People accordingly ? Or what is the reajon why the Peajant in France is bafe, and the lower People in England of a high Courage ? IV. WHET HE R the Genius of the People of Oceana has bin of late years, or be devoted or addi£ied to the Nobility and the Clergy as in for^ mer times ? V. WHET HE R the Genius of the People of Oceana, not being ad' diiied to the Nobility and Clergy as formerly, can be faid to be for Mo- narchy, or againfl it ? VI. WHET HER the People be not frec^uently miflaken in Names ^ while as to Things they mean otherwife ; or whether the People of Oceana deftring Monarchy in Name^ do not in Truth dejire a Government of Laws, and not of Men ? VII. WHETHER for thefeReafons, not to know how to hold the Ba- lance or Foundation of a Government Jl eddy, nor yet to reform, or vary the Orders of the fame (as the Foundation corns to vary) be not to de- liver A Nation to certain Ruin and Deftru^ion 1 To the Rational Man. I. T T JH ETHER there be any thing in this Fabric or Model that is V V contradictory to it felf, to Reajon, or to Truth? II. WHETHER a Commonwealth that is framed intire or complete in all her neceffary Orders, without any manner of contradi^iontoner felf^ to Reafon, or to Truths can yet be falfe or infujficient ? * THE THE SECOND BOOK; O R, A Political Difcourfe CONCERNING ORDINATION: Againft Dr. H. HAMMOND, Dr. L. SEAMAN, And the Authors they follow. Optat Apmm aut frlvum defajikn monte Leonem, Ei W. Advertifment to the R E A D E R. Bo I\^Sy efpecially ivhofe Authors haVe got themfelves Nnmcs^ are Leaders i wherfore in cafe any of theje err in Leadings it is not only lawful, hut matter of Confcieuce to a man that perceives it, as far as he is able, to ivarn others. Ihis were Apology enough for my iv/nmg againfi Dr. Hammond and Dr. S e a m a n ,• and yet J haVe happen d to be brought under a farther Obligation to this enterprife, their 'Books haVing bin fent me by way ofOhjeSlion againfi what J haVe formerly faid of Ordmation, and am daily more and more confirm* 1 I fhall make good. However, there can be no great huH in this Effayy Truth being, like Venifon, not only the bejl Quarry, hut the hejl Game. ♦ Order of the t)ifcoHrfe, To manage the prefent Controverfy with the more Clearnefs, I have divided my Difcourfe into five Parts or Chapters, THE Fir ft, explaimng the 7vor^i Chirotonia rf;?^ Chirothefia, far a- phrafticaly relates the Story of the Perambulation made by the Jpojlles Paul and Barnabas thro the Citys cf Lycaonia, Pifydia, &c. by ji?ay of JntroduBion. THE Secondfhewsthofe Citys, or mofi of them^ at the time of this Per- ambulation, to have bin under -popular Government. In which is contain'd the whole Jdminiflration of a Roman Province. T HE Third fhews the Deduflion of the Chirotonia from Popular Go- lernment, and of the Original Right of Ordination from the Chirotonia. In which is corn^in^d the Inflitution of the Sanhedrim or Senat of Ifrael by Moses, and of that at Rome ^j R o m u l u s. THE Fourth Jhews the DeduUion of the Chirothefia from Monarchi- cal or Jrijiocratical Government, and the fecond way of Ordination from the Chirothefia. In which is contained the Commonwealth of the Jews as it flood after the Captivity. THE Fifth debates whether the Chirotonia, us''d in the Citys mentioned, voas (as is pretended by Dr. Hammond, Dr. Seaman, and the Au- thors they follow) the fame with the Chirothefia, or a far different thing. In which Are contain'd the divers kinds of Church-Government introduced and exercis'^d in the age of the Jpoflles. I A M entring into a Difcourfe to run much, for the Words, upon a Language not vulgar, which therfore I fliall ufe no otherwife than by way of Parenthefis, not obftrufling the Senfe; and for the Tilings, upon Cuftoms that are foren, which therfore I fliall interpret as well asl can. Now fo to make my way into the parts of this difcourfe, that (wheras they who have heretofore manag'd it in Engliflj, might in regard of their Readers have near as well written it in Greec) I may not be above the vulgar capacity, I fliall open both the Names wherof, and the Things wherupon we are about to difpute, by way of Introduftion. * A 327 Chap. t» Political Difcourfe CONCERNING ORDINATION, [The INTRODUCTION, OR Firft Chapter. TH E Names or Words wherof we are about to difpute are Greec^ the one Chirotoma, the other Chirothejla. The firft fignificaticn of the word Chirotoma, in Suidas, imports a certain leud aftion of the hand, which feems alfo by the Greec that renders it by the fame word, to have bin intimated in Ifa. ^. 9. In the fecond fignification with Suidas, it is fcitAo>»j, ttovtzdv x^i^a^^^ Ele^ion (that is no fay of Magiftrats) or Ratif cation (that is to fay of Laws ) hy the Many : which amounts both by his Teftimony, and that generally of antient Authors, to this, that the moft ufual and na- tural fignification of the word Chirotonia, is Popular Suffrage, whether given, as when they fpeak of Athens^ by the holding up of hands ; or as when they fpeak (as dos Suidas in the place mentioned) of Rome^ and other Commonwealths (whofe Suffrage was not given with this Ceremony) without holding up of hands. C HIR OTHESlAi i^^^is x^?" ) is a word that in the ftrift fig- nification imports laying on of hands,znd no more : but the Jews ufing to confer their Ordination moft commonly by laying on of hands, and yet fomtimes by word of mouth, or by letter, the word both as it relates to the cuftom of the Jemjb Commonwealth, and Ordination thence tranf- planted into the Church of Christ, fignifys Ordination confer'd by one man, or a few men, that is to fay, by fom diltinft Order from the People, whether with impofition of hands, or without it. THESE words thus interpreted, I fhall throout my difcourfe (which elfemuft have run altogether upon the Greec) prefume, as al- ready I have don, to take for good Engltfby and fo procede to the things wherof we are to difpute ; firft, by opening the Scene of this Perambulation, which will be don beft by the help of Erasmus, a man as for his Learning not inferior to any, fo for his freedom not ad- dicted to Interefts or Partys. For the remainder then of this Intro- dudion, I fhall begin with the nineteenth Verfe of the eleventh, and continue my difcourfe to the end of the fourteenth Chapter of the Jcis; interweaving the Text where it is darker with the Paraphrafe of that excellent Author, for light, and his Paraphrafe with the Text, where it is clearer, for brevity, in manner following. * THET 5 28 ^^^ Vrerogdtive Book ir. T HE T whom the heat of Ferfecat ion from the Death 0/ Stephen c.<5=-v~«*sJ had differ s'dj travePd thro the Citys and Villages as far as Phenice, and Adts u. 19. ^^^ adjacent Hand of Cyprus ; as alfo thro Antiochia, which lies between Phenice and Cilicia, f reaching the Gaff el receiv'dfrom the Jpofiles, which Tjevenhelefs they dar^d not to communicat hut to fuch only as were of the Jewifh Nation, not out of Envy ^ hut a kind ofSuferftition, they believing that to do otherwife were to give the Childrens Bread to Dogs, which Chrifi had forbid. BVT fomof them that believ'*d, being of Cyprus and Cyrene, when they came to Antioch, had the boldnefsto fpeak ofQ hkist to the Greecs, preaching the Lord Jesus, in which they made fuch progrefs thro the Blejfing of God upon them and their Labor s, that a great number of thefe alfo believing the Gofpel, were turned to the Lord. The tidings of thefe things coming to the ears of the Church which was at Jerufalem, a man of Jpofiolical Sincerity, B A r N A b A s] ^/;e Levite, a Cyprian born, wasfent by the Apojlles to take a view of what was don upon the places ; and if he found it to be according to the will of God y to approve of tt^ by authority of the Apojlles. So great caution in receiving the Gtnt\\s to the G off el was Tjoty that the thing was not greatly defir^d by the Apoftles ; hut lejt it fljonld afterwards be repeaPd or made void by the Jews, as don ra/Jjl/y or that the Gentils fhould rely lefs upon what was don, as conceiving it needed ratifi- cation by the Law, Wherfore Barnabas fofoon as he came to Antioch, And found the Greecs by faith, and without profeffion of the Law, to have receiv'd the fame Grace of God with the Jews, was very much ]ofd that the number of Believers increas'dy and exhorted them to remain confiant in their Enterprise of adhering to the Lord. For he was a good man, and full of the Holy Spirit^ and of Faith. Wherfore thro hisminiftry it came topafsy that a multitude of other Believers were added to the former. Now Antioch. being not far from Cilicia, the Neighborhood of the place invited him to feek Paul, the fttejl helper in this worky as chofen by CnKim to preach his Name to the Gentils and Kjngs of the Earth. For when Paul fled from Jerufalem, the Difciples had conducted him to Cefarea of Phenice, whence he went to Tarfus ; whom therfore when Barnabas had found there, he brought to Antioch, hoping in a City both famous and populous (but with a confus'^d mixture of Jews and Greecs) to receive the better fruit thro the aid of an Apofile more peculiarly defign'd to this work. Thefe two being converjant a. whole year in the Church of Antioch, which by the confluence both of Jews and Greecs became very numerous, fo many were added by their preaching, that wheras hitherto, not expofmg the name of Cukist to envy, they had bin f^/Z'^a! Difciples, tbey now began firfl at Antioch from the name of their iounder to be call d Chriflians. In thefe times certain prophets came from the City of Jerufalem to Antioch, wher- of one named A G A b u s ftanding up in the Congregation, fig/Jiffd by in- fpirationy that there fhould be a great Dearth thro the whole world; which came to p&fs under C l A u d 1 u s C e s A r, the Succeffor of C \l iGU- L A. At this time they at Jerufalem, partly becaufe they were poor at their converfion to the Gofpel, partly becaufe they had depofued their Goods in commony and partly becaufe they had bin JpoiPd by the Prieftsfor their pro- feffion 0/ C H R I s T, ordain'd that by the contribution of fuch as had wher- withaly pfpecially among the believing Gentils, Many fhould be fent to the relief of the Chriftians dwelling in Judea ; but fo that this Contribution was not to be forc''d but free, and according to every mans ability. This Mony thus gather'' d was fent by Paul and B A r N A b A s ?i? the Elder i )k nt of T ovular Government. 92^ Mt Jerufalem, tobediJlributedAttheirdifcretiontofHcb as were i/t ;ieed,Qhsip. r, Wfjtie Paul a»d B A e. N A b A s were thus imflofd^ Kjng Herod, the '-<5*"N/'' Salvation of Souls, with fafiing and prayer, the Holy Ghojl being ftir''d up by their Z^al, figniffd his Will by the Prophets, Jaying, Separat me Barnabas and Paul for the Work wherto I have calPd them, namely to be Doctors of the Gentils, that by them I may propagat the GoCpel. The command of the Spirit was obeyd, and Barnabas with Paul to the end that every one might fee who were chofen^ were feparated from the reft ; and when the Congregation had unanirnoufly implor''d the favor of God by prayer andfafting, the moft eminent in Authority among them laid their hands upon the Per fans fo feparated, and fent them wherever the Spi* rit of God (bould direii them. By this impulfe therjore Barnabas and Paul went to Seleucia, being a Promontory ^of Antiochia, and thence faiPd into the Hand ofCy^vus,where they landed at S£ihm'is,a famous City upon the Rafter n part of the Hand ; they preached not human Inventi- ons, but the Word of God, nor that by ftealth, but in the Synagogs of the Jews, wherof thro the Neighborhood of Syria there was ftore. This Ho- nor by the Commandment c/ Ch r i s t waf always defer'' d to the Jews that the Go/pel Jhould be firft offer'' d to them^ lefl they being a (Querulous and repining Nation, jhould complain that they were defpis''d. Thus travePd thefe Jpoftles thro the whole Hand, till they came to Paphos, a City confe- crated /o V e N u s upon the Weftern Coaft of Cyprus. Here they found a certain Magician called B A r j e s u s, that is, the Son of Jesus a Jew, both by Nation and Religion, under ivhich color he falfty pretended to the gift of Prophejy. This man follow'' d the Court o/Sergius Paulus Proconful or Governor of the Hand for the Romans, otherwife a prudent man ; but this fort of Fermin tnfmuats it felf into the beft to chufe, that fo their Corruption may do the greater and more compendious mifchiefto man- kind. The Proconful neverthclefs having under flood the Goipel to be plant- ing throout Cyprus, not only forbore to flop the ears of others, but by fending for B A R N A B A s 4»<^ Paul feem''d defrous to open his own. Wherfore B A r j E s u s indeavoring to refift the growth of the Word as an Enemy ?o Christ, and refifling the Truth with Faljbood, a flrife droje between the true Prophets and afalfe one (for fuch is the Interpret ati- U u Off 2 20 T'^^ Prerogative Book II. ^'^ "/ '^^ Syriac iv^T^'i E l y m a sj jp^ow P a u l tf/ /(f^l-r^ confuted, of fp:- \.y>/~{ij ritual hli;}daeJSy by taking amay the ejs of his body, miraculoujly firuck in the frefence of the Proconful, rvho At the fame time receiving the light of the Go/pel, imhrac''d the Chriftian Faith. This being don at Paphos, Paul imb.irk'd there with his Jjfociats for the lejfer Afia, and came ta Perga, being a City of Pampliylia ; here John, ivhoje Sirname was Marc, left them ^ and returned to ]tv\l{z.\tm^ while they, when they had •vijtted Pampliylia, travePd to Antiochia, a City of Pifidia, where having enter'*da Synagog, they fat after the ufnal manner with the rej}, attentive to the Law and the Prophets ; wherof when the Parts appointed were ready and no man food up, the Rulers of the Synagog perceiving that the Strang- ers by their habit were Jews, and fuch as by their afpecf promis''d more than ordinary, fent to them, defirtng that if they had any word of exhortation for the People, they would fpeak. Wherupon Paul flanding up, preached to them Christ; whence came the Word of the Lord to be divulged throout that Region, tho the']ews out of envy to the Gentils, fiirring up the dtvoutef: Matrons (an Art not unknown in thefe times; and by them the chief of the City, raised fuch Sedition in it, and Tumult againji the Jpoflles, that Paul and Barnabas being cafi out, jbook off the dujl from their feet againfi them, and went thence to Iconium a City of Lyca- Ciup. 14' onia. When they were com to Icomum, entring with the ]tvjs after the cuftom into the Synagog, they preach"* d, as they had at Antiocii, the Gofpel of fefusChrifi, andwith fuch efficacy, that multitudes both of the Jews 4»^ Greecs believed. Here again the Envy of the Jews became the juthor of Sedition, by which means the City was divided into two Parts or Faciions, wherof one flood for the unbelieving Jews, and the other for the Apojlles. At length when fuch of the Gencil-; as were join' d with the Jews, and the Rulers of the City, made an ajfault upon the Apojlles, to offer violence and (lone them ; they bei>ig aware of it, fled to Lyiira (a City £3/'Lycaonia, which is a part of Pamphy lia^ and Derbe. At Lyftra there was a man lame of his feet from the Womb, who having liften'd to Pa u l with great Attention and Z^al, was miraculoujly cur'*d by the Apoftle ; when the People feeing what Paul had don, crfd out. The Gods were defended in the like- nefs of men : a perfuafion that might gain the more eafly upon the minds of the Lycaonians for the Fable of Jupiter and Mercury, faid to have defended in human fhape, and bin entertained by L Y C A o n, from whom the Lycaonians receiv''d their name. Wherfore they calfd B a r n A- B A s, for the gravity of his afpecf, Jupiter; Paul for his Eloquence, Mercury ; and the Prieji o/ Jupiter, who dwelt in the Suburbs, brought Bulls and Garlands to the Gates of the Houfe where the Apojlles were, to have offer''d Sacrifce with the People, which the Apojlles abhorring, vi- goroufly diffuaded. In the mean time certain Jews by Nation that were Unbelievers, coming from Antioch of Pifidia, and Iconium, drew the People to the other extreme, who from facrifcing to the Apoflles fell on ftoning them ; a work which -was brought fo near to an end, that Paul being drawn by them out of the City, was left for dead, tho he foon after recover'' d, and went thence with Barnabas ?£» Derbe ; when they had propagated the Gofpel there alfo, they returned to Lyftra, Iconium, and Antiochia, confirming the Difciples whom they had converted. Now becaufe the propagation of the Gofpel rec[uir''d that the Apojlles fhould be moving _v thro divers Nations, they chirotonizing them Elders in every Congrega« tion or Church, that is. ordaining them Elders by the Votes of the People in every City, /eft them to perform the Dutys of the abfent Apoflles^ and. of Popular Government. 5^1 and when they had fafied and pray' d^ commended them to the Lord. Thefe Chdip, %, things being brought to a conclufion, orfnifl/d at Antioch in Pifidia, tphen '.-y^V'NJ they had perambulated this Country, they alfo vifited Pamphylla, [owing the Gofpel where it rvas not yet fown, and confirming thcfe who already believ^dy till they came to Perga : where having order'^d their ajfairs, they preceded to Attalia, being a maritim City of Pamphylia ; and from thence they faiPd back to Antioch of Syria, whence firfl they Jet out, with Commifjion from the Elders, to preach the Gofpel to the Gentils, and where by the Chirothefia, or Impofition ofhaods. Prayer and Fafhng, they had bin recommended to the Grace of God, and defign^d to the Work now fnijjj'd. I N this Narrative you Iiave mention both of the Chirotonia and of iht Chirothejia, or Impofition of hands, but of the former as of Ordi- nation ; for by that fuch were made Presbyters or Cliurch-Officers as were not fo before : of the latter not, I think, as of Ordination, at leaft in the fenfe we now take it ; but as of defignation of Perfons to an occafional and temporary imployment, that had bin ordain'd before, for fo fure had P a u l at leaft. However, that which is ofFer'd by this Narrative to prefent confideration, is no more than the bare Story. CHAP. II. That the Qtys, or moji of them mm'' J in the Tcrambtdation of the j4poflki Paul and Barnabas, iverc at that tunc under [>o- puhir Government, hi whuh is contain^l the /.dmuiiflration of a Roman Trovince. THE Romans of al] Nations under Heaven were indow'd, as with the higheft Virtues, fo with the greateft human Glory ; which proceded from this efpecially, that they were in love with fuch as were in love with their Liberty. To begin with their dawn, the Privernates (a free People inhabiting the City and Parts adjoining, which at this day is call'd Piperao, fom fifty miles from Rome, and five from Seffe) being the fecond time conquer'd by the Romans, it was confulted in the Senat what courfe fliould be taken with them ; where •while fom, according to the ditferent temper of men, fhew'd them- felves hotter, and others cooler, one of the Privernates more mind- Liv.Lg. c^i. ful of the condition wherin he was born, than of that wherin he was fain, happened to render all more doubtful : for being ask'd by a Senator of the feverer judgment, what Punifhment he thought the Privernates might deferve, Such (fays he) as they deferve who believe themfelvet worthy of Liberty. At the courage of which an* fwer, the Conful ( perceiving in them that had bin vehement e- nough before againil the Privernates but the greater animofity, to the end that by a gentler Interrogatory he might draw fom fofter anfwer from him) reply'd, Jnd what if we inftcl no punishment at altj but pardon you ; what Peace may we expeci of you ? Why if you give us agoodone (faid the other) a fieady and perpetual Peace, but tf anilloney not long. At which a certain Senator falling openly upon ruffling and threatning the Privemat, as if thofc words ot his tended to fom piac- tice or intention to ffir up the Citys in Peace to Sedition, the better part of the Fathers being quite of another mind, declared, That they had heard the voice of a Man, and of a. Freeman. F(?r why, faid they, Uu 2 jhouid ^5 2 T'i^^ Prerogative Book II. fjould it he thought that any Man or People will rem.iin longer unitr fuch \,^\r^\^ X Burden as they are not able to bear, than till they can throw it down ? There a Peace is faithful^ where it ts voluntary ; if you mU have iiUveSy you are not to trujl them^ hut their Fetters. To this opinion the Conful efpecially inclining, inclin'd others, while he openly profeft, That ihey ^vho had no thought but upon their Liberty^ could not hut he thought worthy to be Romans : wherupon the Decree paft by Authority of the Fathers, which was afterwards propos'd to the Congregation, and ratify'd by the Command of the People, wherby the Priwrnates were made Citi- zens of Rome. Such was the Genius of the Roman Commonwealth ; where by the way you may alfo obferve the manner of her Debate and Refult (Authoritate Patrum & Jujfu PopuliJ by the Advice of the Se- nat, and the Chirotonia of the People. BUT that which in this place is more particularly ofTer'd to confi- deration, is lier ufual way of preceding in cafe of Conquefl: with other Nations : for tho bearing a haughty brow towards fuch as, not content' ed to injoy their Liberty at home, would be her Rivals abroad, f!ie dealt far otberwife, as with Carthage ; this cafe excepted, and the pillirgand polling of her Provinces, which happen'd thro the Avarice and Luxury of her Nobility, when the Balance of popular Power being broken, her Empire began towards the latter end to langu^fh and decline ; the way which fhe to.k with the Privernates was that which flie ufually obferv'd with others throout the courfe of her Vi£lorys, and was after the Change of Government made good at leaft in fom pare by the Rontan Emperors, under whom were now thofe Cit}s menti- on'd in the prefent Perambulation of the Apoftles Pa ul snd Bar- nabas. Str ABO for his credit among human Autliors is equalto any ; he liv'd about the time of this Pei ambulation, and hein<; a Greec, is lefs likely to be parrial : Of that therfore which I have affirmM tq have bin the courfeof the Romjinsln their Vi6lorys,I Hiall make choice of this Author for a witnefs ; firfl where he epitomizes the Story of 3txaS. 1.9. Athens after this manner : When the Carians b^ Sea^ and the Bceotians^ hand ivajled Attica, C e c r p s ^/'? Prince^ to bring the People under JJjelter^ planted them in twelve Citys^ Cecropia, Tetrapolis, Epacrea, Decelea, Eleufis, Aphydna, Thoricus, Brauron, Cytherus, Sphettus, CephifTa, Phalerus ; which T h e s e u s is faid to have contrafled into one calPd Athens. The Government of this City had many changes ; atfrft it was Monarchical, then Popular : This again was ujurp'd by the Tyrants PiSiSTRATUS and his Sons, whence recover'*d^ it fell afterwards into the hands of the Ff iv, as when the four hundred once, and again the thirty Tyrants were impos'd by the Lacedemonians, in the War of Peloponnefus .• ■svhich Toke the Athenians (^by means of their faithful Army) fhakingof^ rejlor^d thetr popular Government, and held it till the Romans attained tc the Dominion 0/ Greece. Now tho it be true that they were not a little dif turbid by the Kjngs of Macedon, to whom they were forc'd to yield fom kind of obedience; they neverthelefs preferv'd the form of their Common^ wealth fo intire^ that there be who affirm it never to have bin better admi- jitflnd, than at fuch time as Macedon was governed ^Cassander: for this Prince^ tho in other things more inclining towards the Tyrant^ having taken Athens by fur render^ us*d not the People ill, but made De- >iETRius Phalereus the Difciple o^Theophrastus the Phi/ofopher, chief Magiflrat among them ; a man fo far from ruining their popular .State (as in the Comment arys he wrote upon this kind of Go- vernmeiit of Popular Government, 535 wr/tm'^f is .iftef^eij th.t"^ he rep.tir'd it. Mevirtbelefs, rvhether fufpeBedChsL^. 2. or snvj'i (or his Q^;.ttmfs tvithvtt fitpport: by the Miced^nians, after the AtAth (?/ C \ S S ^ N D E K /;? fliX into Eg/pt, while his Enemy s breaking dovi his Stifues f.tf Con fay) mxie homely l^ejfels of them. But the Ro n ins hxvini rsneiv^i the Acheaians unier their popxUr form^ left them thiir Ltv! .ft.i L'h?rtp u>t!-o:^ch^d, till in the wxr with MithridA' T ES th:y vire fi)f:i to receive fuch Tyrirtts as that Kjng ivas pleas'" d to give thc'tt ; wherof A R. I s T i N the greate/l.^ when the Romans had re- taken the City from him^ being found trxmpling upon the Peopky was put to death by Svll\, and the City par don* d, which to this day (lie Wrote about the Reign of T t 3 e k i ii s) not only injoys her Liberty s, but is high in honor with the Ro-Tians. This is the Teftimony of S t r. • a sp agre- ing with that oF C i c e r o, where difpuring of Divine Providence, he fays, that to afjirm the World to be govern d by Chance^ or without God^ is AS if one (hould fay that Athens were not governed by the Areopagits, Nor did the Romans by the depofition of the fame Author (or indeed of any otlier) behave themfelves worfe in Afix (the fcene of our pre- fent Difcouife, where the fame Paul, of whom we are fpeaking, being born at Tarfus, a City o\' Cilicia, that had acquirM like or greater Pri- vilege by the fame bounty, was alfo a Citizen of RomeJ than in Greece, JJia is underftood in three fignifications ; Firft, for the tliird part of the World anfwering to Ewrc/e and J'/r/c:*. Secondly, for that part of Jjia which is now call'd Natalia. Thirdly, for that part of it which A T T A L u s King of Pergamum^ dying without Heirs, bequeath'd and left to the People of Rome : this contain'd Mjfa, Phrygia, ALolis, h- niay Caria, DoriSj Lydia^ Lycaonia, Pifdia, and by confequence the Citys wherof weare fpeaking. To all thefe Countrys the Romans give their Liberty, till in favor of A r i s t o n i c u s, the Baftard of E u- M E N E s, many of them taking Arms, they were recover'd, brought into fubjeSion, and fram'd into a ?r. vincc. W H E N a Conful had conquer'd a Country, and the Romans in- tended to form it into a Province, it was the cuftom of the Senat to fend (decern Legates) ten of their Members, who with the Conful had fower to introduce and eftablifh their provincial way of Government, n this manner Jfia was form'd by Marcus Aq.uillius Con- ful ; afterwards fo excellently reform'd by S c a v l a, that the Senat in their Edifts usM to propofe his example to fucceding Magiflrats, and the Inhabitants to celebrat a Feaft to his Name. Neverthelefs M 1 t h- R I D a t E s King of Pontus (all the Romans in this Province being mafTacred in one day) came to poflefs himfelf of it, till it was recover'd at feveral times bySvLLA, Murena, Lucullus and P o m« p E V. The Romans in framing a Countiy into a Province, were not accullom'd to deal with all the Inhabitants of the fame in a like man- ner, but differently according to their different merit. Thus divers Citys in this were left free by S y l l a, as thofe of the Ilien/eSy the Chiansy Rhodians, Lycians, and Magnefans, with the Cyzicens, tho the laft of thefe afterwards for their praclices againft the Romans forfeited their Liberty to T i b e r i u s, in whofe Reign they were tor this rea- fon depriv'd of the fame. TAKING Jfia in the firfl fenfe, that is, for one third part of the World, the next Province of the Romans in this Country was CiliciAy containing Pamphylia, Ijaurixy and Cilicia more peculiarly ^6 call'd. Here Cicero was fomtimes Proconful, in honor to whom part of Phrygifiy no^ The Trerogative Book JI. Phyyo^ia, witli Ptfid'n z\:.d Ljcaonia, were taken from the former, and v.^-V-nL) nclcicd to this Junfdiftion, by which means the Citys wherof we are fpcakiiig came to be of this Province. Adjoining hereto was the Com- mon weakh of the Lvc/rfw.f, which the Row.t^j left free : into this alfo tlic Citv o'( Attaint by fom is computed, but Iconium both by St r a- Frifl- v. o and C I c E R o ; the latter wheroF being Proconful, in his Journy from L.W//- cureans and the 5?o/Vj- WheiJoie his Liclors drave them from tlie Tribunal, and the officious Corinthians, to fliew their love to tfie Pro- conful, fell on knocking them out of the way of other bufinefs. NOW tho the Commonwealth of the Jch^ans, being at this time a T^ow^w Province under the Proconful G a l l i o, injoy'd no longer her common Senat, Strategus, and Demiurges, according to the model fhown in the former Book ; yet remain'd each particular City under her antient form of Popular Government, fo that in thefe, efpecially at Corinth, many of the Greecs being of the fame judgment, the Jews could not difpute with the Chriftians without Tumult. Of this kind was that which happen'd at Ephejus, where Chriftianity growing fo Afl, jy. faft, that the Silverimiths of Diana's Temple began to fear they fhould lofe their Trade ; the Jews liking better of Heathenifm than Chriftianity, fet Alexander, one of their pack, againft Paul. THIS place ( in times when men will underftand no otherwife of human ftory than makes for their ends) is fallen happily unto my hand; feeing that which I have faid of a Roman Province, will be thus no lefs than prov'd out of Scripture. For the Chancellor of Ephefus perceiving the Ecclefta ( fo it is in the Original ) or AfTembly (as of Pofular Governmenu ^^a (as in our Tranflation) uncall'd by the Senat, or the Magiftracy to Chap. 2. be tumultuouny gather'd in the Theater (their ufual place, as in^ ''^'^ ' Syracufa. and other Citys, of meeting ) betakes himfelf to appeafe the People with divers arguments: among which he has thefe. Firft, as to matter of Rehgion, Tou have brought hither, fays he, thefe men which are neither robbers oj Temfles ( Churches our Bible has it, before there was any Church to be robb'd ) nor yet bUfphemers of the Goddejs: In which words ( feeing that they offering no fcanda], but only pro- pagating that which was according to their own judgment, were not obnoxious to Punifhment) he fhews that every man liad liberty of Confcience. Secondly, as to Law : If De m e t r i u s and the Crafts- tnen which are with htm have a matter againft any man, the Law, fays he is open, Thirdly, as to the matter of Government, which appears to be of two parts, the one Provincial, the other Domeftic ; For the for- mer, fays he, there are («v^s-aTxii) Proconfuls ( he fpeaks in the plu- ral number with relation to the Legats, by v»'hom the Proconful fomtimes held his Courts ; otherwife this Magiflrat was but one in a Province, as at this time for JJia Publius Suilius) and to the latter, fays he, if you de fire any thing concerning other matters, that is, foch as appertain to the Government of the City ( in which the care of the Temple was included ) itjhall be determin'd in a lawful Ecclefia, or Jjfembly of the People. By which you may fee that notwithftand- ing the Provincial Government, Ephefus, tho flie was no free City, ( for with a free City the Proconful had nothing of this kind to do ) had (auTovo/jiixv) the Government of her felf (as thofe other Citys mention'd in Pliny's Epiftles) by the Senat, and the People ; for •wherever one of thefe is nam'd, as the Senat by Pliny, or the People by Luke, the other is underftood. When the Chancellor had thus fpoken, he difmifs'd the Ecclefia. It is L u k e's own word, and fo often as I have now repeated it, fo often has he us'd it upon the fame occafion. Wherfore I might henceforth expeft two things of Di- vines ; firft-, that it might be acknowleg'd that I have good Au- thors, Luke and the Chancellor of Ephefus, for the word Ecclefia. in this fenfe ; and fecondly, that they would not perfuade us, the \vord Ecclefia has loft this fignification, left they condemn this place of Scripture to be no more underftood. The manner of Provincial Go- vernment being thus prov'd, not only out of profane Authors, but out of Scripture it felf; and the Citys that were leaft free having had fuch power over themfelves, and their Territorys ; why, if the Ro- mans took no more of them for this proteftion, than was paid to their former Lords, did they not rather undertake the patronage of theWorld than the Empire ; feeing Venice, and Dantzic, while the one was tri- butary to the Turk, the other to the King of Poland, were neverthe- lefs fo free Eftates, that of a King, or a Commonwealth that fhould have put the reft of the world into the like condition, no lefs in our day could have bin faid ? And yet that the Romans, when the nature of the Eaftern Monarchys fhall be rightly confider'd, took far lefs of thefe Citys than their old Mafters, will admit of little doubt. Cicero furely would not ly ; he, when Proconful of Cilicia, wrote in this manner concerning his Circuit, to his friend S e r v i l i us : Two days I fiaid at haodicea, at Apamez five , at S'\nnadx three, at Viiomdis five^ at Iconium ten ; than which Jurifdiclion or Government there is nothing morejufi or equal. Why then had not thofe Citys their Senats and their X X 2 Ecclefia, '3Ab T^f^^ Prerogative Book II. £"^f/'-* an<^ thofe wherot" Pliny gives an account to T r a ] a n ? CO RINTH wasin Jchata ; Perga of Pamphylia^ Antioch of Pi- (idta, Icomam, Lysfra, Derhe of Lycaonia^ were in Ctlicta ; and with thefe, as fom reckon, Attalia. Ephefus and the other Antioch were in Syria. Achaia^ Ciliciaj and Syria, were Roman Provinces at the time of this Perambulation of the Apoftles : The Citys under Provincial Adminiftration, whether free or not free, were under Popular Govern- ment ; whence it follows, that Corinth, Ephefe^s, Antioch of Syria, Antioch of Pijidia, Perga, Iconium, Lyftra, Derbe, Attalia, being at this time under Provincial Adminiftration, were at the fame time under Po- pular Government. There has bin no hurt in going about, for the proof of this; tho indeed to fhew that thefe Citys (hzdi quandam oi.vtovoiuclv') were under Popular Government, we needed to have gon no further than the Text, as where the Chancellor of Ephefm, to get rid of a tumukuous Ecclefia or AfTembly of the People, promifes them^ law- ful one. In Iconium, Lyftra, Derhe, and the reft, youhearnot of any King (as where Herod ftretch'd out his hand to pleafe the "Jews, and vex the Church) but of the People, of their Rulers, of their Af- femblys, and of their Tumults. The People at Lyftra are now a- greed to give the Apoftles divine Honors : and anon, both at Iconium aud Lyftra, toftonethem. Now to determin of divine Honor, or of Life and Death, are aQs of Soverain Power. It is true, thefe never- thelefs may happen to be ufurp'd by a mere Tumult ; but that cannot befaid of thefe Congregations, which confifted as well of the Magi- ftrats and Rulers, as of the People, and where the Magiftrats fhew that they had no diftinft Power wherby to reftrain the People, nor o- ther means to prevail againft them, than by making of Partys : Which Paffages, as they prove thefe Commonwealths on the one fide to have bin ill conftituted, evince on the other, that thefe Citys were under Popular Government. CHAP. HI. Tf)e 'DeduBm of the Chiroconia from Topular governments and oj the Original ^ight of Ordination from the Chirotonia. In which is contain d the Infiitution of the Sanhedritn or Senat of lirael hy }A o s e s, and of that of Kome hyK o mui.us. DIVINES generally in their way of difputing have a bias that runs more upon Words than upon Things ; fo that in this place it will be neceflary to give the Interpretation of fora other Words, M'herof they pretend to take a ftrong hold in their Controverfys. The chief of thefe has bin fpoken to already : Chirotonia being a word that properly fignifys the Suffrage of the People, wherever it is pro- perly 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 faid to Chirotonize, or very fel- dom and improperly, this word being peculiar to the People. And thus much is imply'd in what went before. * THE of Populair Government, 541 THE next Word in Concroverfy is Pfephifma, whicli fignifys a De- Chap. ^, eree or Law ; and this always implying Power, always implys the U^'^N/'^fej Suffrage of the People, that is, v/here it is fpoken of popular Govern- ment : for tho a Pfephifma or Decree of the Mhenian Senat was a Law for a year before it came to the Suffrage or ChirotonU of the People, yet the Law or Conftitution of S o l o n, wherby the Senat had this Pow- er, originally deriv'd from the Chirotofju of the People. THE third Word ( >c?'-5i?'«i'«i ) fignifys to conflittite or ordain; this in the political fenfe of the fame implys not Power, but Authority : fora man that writes or propofes a Decree or Form of Government, may be faid C K^3^^y.\m ) to propofe or conjUtute it, whether it be con- firm'd by the Chirotunia. of the People or not ; nay with H a l i c a r- N Assxus the Word fignifys no more than barely to call or affemble the Senat, f^ovlh -O^^ Tim y^d^'^'ha.i. N O W if thefe Words be fomtimes otherwife taken, what Words be there in any Language that are not often us'd improperly ? But that underftood politically, they mull of neceflity be underftood as I have fhewn, or will fo intangle and diforder Government, that no man fhall either make head or foot of it, is that vi^hich I make little quef- tion to evince in the fureft way, that is, by opening the nature of the Things whence they derive, and wherof they are fpoken by the belt Authors. AND becaufe the Words (tho the Things they fignify were much more antient) derive all from Athens^ I fhall begin by this Conftituti- on to fliew the proper ufe of themi Chirotonia in Athens, as has bin fhewn out of S u I D A s (who fpeaking of Rome refers to this) was Eleftion of Magiftrats, or enafting Laws by the Suffrage of the Peo- ple; which, becaufe they gave by holding up their hands, came thence to be calPd Chirotonia, which fignifys ho/ding up of hands. The Legiflative Affembly, or Reprefentative of the People, call'd the Nomothetx^ upon occafion of repealing an old Law, and enafting a new one, gave the Chirotoma. of the People : And yet fays the Athe- Demofl. con- nian Law ( SiaxeifOToi'iav §^1 TroitTv Ta? TrgotcApxs tte^i TkrtiV -^^ vo'^f/^JV ) ^r* Timocr. . Let the Proedri give or make the Chirotonia to either Law. The Proe- dri^ as was fhewn in the former Book, were the ten Prefidents of the Prytans \ which Prytans upon this occafion were Prefidents of the No- mothetit. Again, wheras it was the undoubted Right and Praftice of the People to elcd their Magiftrats by their Chirotonia ( )cav ii/^£?s tva, K«v TrAti'ss, xav ^ ^"ivx^ %xxj qvtivSv \apOTOvmi-n c^Tnycv^ it is neverthe- Phil. r. lefs fhewn by Pollux to have bin the peculiar Office of the Thef- motheta (e^q-Tny^s x^pTonw ) to chirotoniz^ the Magiftrats. For as the Proedri were Piefidents of the People in their Legiflative Capacity, fo were the Thefinothette^ upon occafion of Eleftions : thus the Chiroto- L. 8. c. i. nil of the Proedri or of the Thefmothet^, fignifys nothing elfe but the Chirotonia of the People, by which they enaded all their Laws, and elefted all their Civil or Ecclefiaftical Magiftrats or Priefts, as the Rex Sacrificus^ and the Orgeones, except fom by the Lot ; which Ordinati- on, as is obferv'd by Aristotle, is equally popular. This, whether ignoraiitly or wilfully unregarded, has bin, as will be feen hereafter, the caufe of great abfurdity ; for who fees not that to put the Chirotonia, or Soverain Power of Athens upon the Proedri or the TheCmothet^, is to make fuch a thing of that Government as can no wife be underftood ? WHAT 2A2 The Prerogative Book II. WHAT the People had pad by their Chirotoma, was call'd P/e- Ku^^'s/"'^ fhifwA^ an Aft or Law. And becaufe in the Nomothet£ there were al* ways two Laws put together to the Vote, that is to fay, the old onCj and that which was ofter'd in the room of it, they that were for the old Law were faid («7ro-4<'($i^eiv) to pronounce in the Negative; and they that were for the new (xaTa4nc?i{eiv ) to pronounce for the Affir- mative. THESE Laws, thefe Propofitions, or this frame of Government, having bin propos'd firft by Solon, and then ratify'd or eftabiifh'd by the Chirotonia. of the Athenian People ; Aristotle fays of him ( tJu) ^■H-o^^'Ticui x.aT«?-ii(TO I ) that he inflitutei or conjlituted the popu- lar Government ; which Conftitution implys not any Power in S o- LON, who abfolutely refus'd to be a King, and therfore the word ^TKCMfftti as to him implys no more than Authority. I have fhew'd you the Words in controverfy, and the Things together in the Mint ; now whether they that as to Athens introduc'd them both, underftood either, I leave my Reader by comparing them to judg. I T is true that the Things exprefi: by thefe Words have bin in fom Commonwealths more, in others lefs antient than the Greec Lan- guage ; but this hinders not the Greecs to apply the Words to the like Conftitutions or Things, wherever they find them, as, by following . HALiCARNAsSitus, I fliall exemplify in Kowe. ffttoSar Romulus, when he had dijlributed the People into Tribes and Parijfjes, preceded to ordain the Senat : in this manner the Tribes were three, and the Parifhes thirty; out of every Tribfe he elefted three Senators, and out of every Parifh three more, all by the Suffrage of the People. Thefe therfore came to ninety nine chofen by the ChirotO' nia ; to which he added one more, not chofen by the Chirotonia, but by himfelf only : Which Eleftion we may therfore fay was made by the Chirothefia ; for as in this Chapter I am fhewing that the Chirotonia is Eleftion by the Many, fo in the next I fliall fhew that the Chirothefia is Eleftion by One, or by the Few. But to keep to the matter in hand ; the Magiftrat thus chofen by R o m u l u s was (pr^^' Ifrael ; and Moses went out and told the People the words of the Lord : that is, propos'd the Diftat of the fupreme Legiflator to the Chirotonia of the Congregation. What elfe can we make of thefe words of M o- S B« ^^j T'be Prerogative ^ Book II. s E s to the People ? Take ye wife men, a»d underfianding, and known a^ rnon u^uSv) afidlrviH Dent. I. V. 1 3. ^^^jj^-'^^^g ^},g^ Rulers over you. Now liow the People could othervvife ^' ^' tal(jy.5i^ixiv\'i ) or conflituted by M o s e s. UPON the Pfephffma, or decree of the Legiflator and the People, The thing which thou haji ffoken is good for m to do^ they preceded to eleftion of Competitors in tliis manner. Each of the twelve Tribes ( to be hereafter as well locally, as they were yet but genealogically di- vided ) were to make the Election, not excluding the Thirteenth, nor yet nominally raking it in ; for Le v i, tho genealogically as diftinft a Iribe as any of them, yet was not defign'd locally fo to be, but to have the right of promifcuous Inhabiting, Cohabiting, or Marriage with all or any of the reft, and with right of Suffrage accordingly ; for this caufe the Tribes being Thirteen, are reckoned but Twelve. So each of the twelve Tribes elefted among themfelves by their SuffrageSy fix wife men, and underftanding, and known among them ; who being elefted, were written ; and being written, were deliver'd each in a feveral Scrol to Moses. Moses having receiv'd all the Scrols, had feventy two Competitors, which caus'd a Fraftion; for the Senat, as is plain by the Text fgather me feventy men^ that they may fiand with thee) was to confift but of Seventy with Moses, that is, in all, of feventy one. So Moses having two Competitors more than he needed, caus'd two Urns to be brought, into one of which he cafi: the feventy two Competitors, or Names written in the Scrols ; and in- to the other feventy two Scrols, of which two were blanks, and fe- venty were infcrib'd with the word Freshyter, This being don, the whole Congregation pray'd, and when they had pray'd, gave forth their Lots. THE Lots were given forth after this manner. Firft a Lot was drawn out of the Urn of the Magiftracys, then another out of the Urn of the Competitors. The Competitor to whofe name a Blank was drawn, departed: buthe to whofe name a Prize was drawn, or gi- ven forth, became a Magiftrat. THEY who had thus gain'd Magiflracy were (rovxaTO-xl^cp/^o^tvo;, by tliis Pfephifma. decreed to be together of the number of the feventy Elders. But whferas in the Urn of Magiftracys there were two Blanks, • fwo that had bin written Competitors muft of neceffity have fail'd of Magiftracy. So E l d a d and M e d a d being of them that were Numb. it. 251 written Competitors by the Trihes, yet went not up to the Tabernacle ; that is, attained not to be ( (n/'jca-ro; -vl^cpi^o^e'voi ) numbred among the feverity, u'ho were to fit in the Court of the Tabernacle ; as afterwards they did in the Pavement, or ftone- Chamber, in the Court of the Temple. I N this place I fliall mind you but once more of the three Words in controverfy. Moses the Legiflator {K^ii's^m') conftitutedj the People chirotonizM j and that which they had chirotoniz'd, was Pfephijma., their Decree. THERE be^in thefe times that are coif'd with fuch Opinions, that to fhew Scripture to be Reafon, is to make it lofe weight with them ; and to talk of the Talmtidi[ls^ is to profane it : Of thefe I fliall only defire to know how they underftand that place of El dad and M E D A D ; for if they can no other wife make fenfe of it than as Yy I 2^5 ^^^ Vrerogative Book II. I I'^v^ ^°"' ^"^ ^^ ^ fufficient proof (letting the Talmudifis go) of all \,y^-\r\tJ that I have faid. What therfore has the Hierarchy, and the Presby- tery for tlieir opinion that the Sanhedrim was inftituted by the Chiro' thefia, or Impofition of Hands ? T H E R E is in the Old Teftament no mention of laying on of Hands by way of Ordination, or Eleftion, but only by Moses in the defignation of Joshua for his SuccelTor : and in this Moses did firft as Romulus afterwards in the Eleftion of the Prefefl: or Proteftor of Rome, but upon a far greater exigence ; for the Common- wealth of Rome, when Romulus did the like, was feated or plan- ted, but the Commonwealth of Ifrael, yA/hm Moses did this, was neither feated nor planted, nor indeed a Commonwealth, but an Army defign'd to be a Commonwealth. Now between the Government that is neceflary to an Army, and that which is neceffary to a Common- wealth, there is a vaft difference. The Government even of the Ar- . -' K^''^' mys of Romgj when fhe was a Commonwealth, was neverthelefs Monarchical: in this regard Moses himfelf 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 felf, muft either have bin left at his death to the care of fom Man whom he knew beft able to lay her Foundation, or to extreme hazard. Wher- fore this Ordination, which was but accidental, regarding the prefent military condition of the People, Moses moft prudently diftinguiOies from the other ; in that he fhew'd them how they Hiould manage their Commonwealth, in this he bequeaths them the Man whom he thinks the moft likely to bring them to be a Commonwealth : of which judgment and undertaking of Moses, Joshua the next illuftrious Example, moft worthily acquitted himfelf. THERE is in thefe Eleftions another remarkable pafTage, but fuch a one as, being fo far from political that it is fupernatural, dos not properly appertain to this difcourfe, and fo I fliall but point at it. When the Elders, thus chofen, were (et round ahout the Taherfia' Nim*.ii.24,^^^^ ffjg l^oy^ c^yfjg ^Q^y„ jfj, ^ cloud, Aiid took of the fpirit of Moses, and garve it unto the fe'uenty Elders ; and it came to pafs, that when the Spirit refied upon them, they propheJy''d and did not ceaje. So Joshua Dent. 34- 9- was full of the fpirit of Wifdom, for Moses had laid his hands upon I Tim. 1. 6. ^jif^f' ^nj Paul minds Timothy, Stir up the gift of God which js in thee by the laying on of my hands. But the Talmudifls themfelves do not pretend that their Ordination was further accompany'd with fupernatural indowments than the firft Inftitution ; and if Divines were as ingenuous, no lefs might be acknowleg'd of theirs. Moses ivas a Prophet, the like to whom has not bin in Ifrael ; and has there bin an Apoftle like Pau l in the Chriftian Church ? Every body can- not do Miracles, we fee they can't. Take heed how you deny Senfe, lor then bread may be flefh. If we be not to make choice of a poIi^J tical Inftitution without a miraculous teft or recommendation; either Ordination was at firft accompany'd with fupernatural Gifts, and from thenceforth, as I conceive, neither. Divines methinks as fuch fhould not be fo much concern'd in the Ordination of the Sanhedrim, or of Joshua, who were Magiftrats, as the People or the Magiftrat : yet if thefe fliould hence infer that their Eleftion, Ordination, or Defigna- tion of perfons confer'd fupernatural Gifts, Divines would hardly allow of it; and why are the People, or. the Magiftrat oblig'd to ;j5 allow of Popular Government. 547 allow more to that of a Clergy ? To return. Chap. j. SUCH as I have flnewn was the Ordination of the Senat, or great ^--'"^"^^v^ Sanhedrim, that of the lelTer Sanhedrim, or inferior Courts, was of like nature, for it follows ; I took the chief of your Tribes, rvife men and Deut. 1. 15. known (^il, KaTTfucra) and made them Heads over you^ Capains of thou- fands, and Captains of hundreds, &cc. which were other Magiftrats than, according to our cuflom, we fhould readily expeft to be intima- ted by fuch words, for they were the Judges of the inferior Courts, thofe that fat in the gates of each City, and others that appertain'd to the Villages, as in the next Verfe : And I charged your "Judges at thut Ver. lo. time, faying, Hear the Caufes, andjudg right eoujly. THE next Magiftrat whofe Eleftion corns to be confiderM is the Diftator, or Judg of Ifrael. Where it is faid of this People, that the Lord rais''d them up Judges, which deliver''d them out of the hands of]\xig.2. \6. thofe thatfpoird them, it is to be underftood, fays S i g n i u s, that God De Rep, Heb. put it into the mind of the People to eleft fuch Magiftrats, or Captains over them. For example, when the Children <^ Ammon made war againft T/r^e/, God rais'd up Jephtha, whofe Election was after this manner : The Elders rvent to fetch Jephtha out of the Land of fudges 1 u Tob, and when they had brought him to Mizpeh ( which in thofe days was the place, where 'i.^v.Kmx. ef.S, the Congregation of Ifrael ufually alTembrd ) the People made him Head and Captain over them. Now that the Eleftion of the King was as much in the Chirotonia of the People, as that of the Judg, is paft all controverfy, feeing the Law fpeakingof the People fays thus: One from among thy Brethren /halt '^^^^- »7- i5r thoufet Kjng over thee ; and accordingly wheri the Government was chang'd to Monarchy, it was not Samuel, but the People that would have it fo ; thus S au l waschofen King by the Lot. Where the contradiftion of G r o t i u s is remarkable, who in this place to fliew that the Lot is of Popular Inftitution, quotes Aristotle; and yzi An'rt. PoI. when he coms to fpeak of the Lots tliat were caft at the Eleftion of^"^' '^'^* Matthias, fays it was that it might appear not whom the Multitude, De imp. s. p, but whom God had ordained; as if the Magiftrat lawfully elefted by'^* '°" the People, were not elefted by God, or that the Lot which thus falls into the lap were not at the dtfpofmg of the Lord. But if the League by which the People receiv'd David into the Throne, or the Votes by which firft the People of Jerufalem, and afterwards the Congre- gation of 7/r^f/ (as was fliewn in the former Bock) made Solo mo kt King, were of the Lord ; then Eleftion by the People was of the Lord, and the Magiftrat that was elefted by the Chirotonia of the People, was elefted by the Chirotonia of God : for as the Congrega- tion of //r^e/ is call'd in Scripture (ti^^AmnxoeS) the Ecclefa or Con- Judges 20. gregation of God ; fo the Chirotonia of this Congregation is call'd by JosEPHUS (etS x^i^oTovix) tht Chirotonia of God, who as I noted jof. 1. 4. before out of Cap ell us, was in this Commonwealth Political King, or Civil Legiflator (^Sans comparaifon) as Solon in Athens, and Romulus in Rome ; that is to propofe to the People ( H^c efi lex quam MosES propofuit^ and whatever was propos'd by God, or the lawful Magiftrat under him, and chirotoniz'd or voted by the People, was Law in Ifrael, and no other. Nay, and the People had not only power to rejeft any Law that was thus propos'd, but to repeal any Law that was thus enafted ; for if God intending Popular Go- vernment fhould have ordain'd it otherwifc, lie muft have contradiAcd Yy 2 himfelfj 5^8 5^^^ Prerogative Book II. liimfelf ; wherfoi'e he plainly acknowleges to them this power, where v_/'"V V-^ (■ 0£ov ai:7oxe(?oTovSaj Tus CaaiKf^xs^ they rejeBed him (whom they had for- joiephus, I. 6. j^g^iy chirotoniz'd or chofen King ) that hefljould not reign over them ; ^'^' and elefted Saul. This if God had withftood by his Power, he muft have introduc'd that kind of Monarchy which he had declar'd againft ; wherfore he chofe rather to abandon this fottifli and ingrate- fui People to the moft inextricable yoke of deferv'd flavery, telling them, when he had warn'd them and they would not hear him, that they Jhould cry to him and he rvould not hear them, one tittle of whofe words pafs'd not unfulfil'd. B Y this time I have fhewn that all the Civil Magiftrats in Ifrael were chofen by the Chirotonia of the People, or, to follow J o s e p h u s, hy thtChirotoniaoi God, which is all one; ior the Chirotonia of the Prefident of the Congregation, as I have inftanc'd in that of the Proedri, of the Thefinothetx, of the Confuls, of the Tribuns, and the Chirotonia of the Congregation is the fame thing ; and of the Con- gregation of Jfrael God, except only at the voting of a King, was Prefident. T O com then from the Civil Magiftrats to the Priefts and Levits, thefe were chofen in two ways, either by the Lot, or by the Chiro- tonia. THE office and dignity of the High Prieft being the greateft in Ifrael, and by the inflitution to be hereditary, caus'd great difputes in the Election : to this Moses by the command of God had defign'd Aaron his Brother; which Defignation, the Command of God be- ing at firft either not fo obvious as that relation, or the ambition of others fo blind that they could not or would not fee it, caus'd great combulHon. Firft, thro the confpiracy of Korah, Dathan, and A B I R a M ; and next by the murmuring of the Princes of the Tribes, all emulous of this Honor. Korah being not only a great Numb. i6. man, but of the Tribe of Levi, could not fee why he was not as joiephus 1. 4. worthy of the Priefthood, confideration had of his Tribe, as Aaron; and if any other Tribe might pretend to it, Dathan and A e i- R A M being defcended from Reuben were not only of the elder Houfe, but troubl'd to fee a younger prefer'd before them. Wher- fore thefe having gain'd to their party three hundred of the moft powerful men of the Congregation, accus'd Moses of aftefting Ty- ranny, and doing thofe 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 Priefthood without the Suf- frage of the Congregation : of which charge Moses acquitting him- felf in the Congregation, tells tlie People that Aaron rvAs chofen both hj God, and (koctw Tin vjaati^kv y\ro[j.vv a\}Ti Tvyy&vav^ by their Suffrages, which (Korah being upon this occafion miraculoufly deftroy'd) were therupon once more given by the People. Never- thelefs the Princes of the 'iVibes continuing ftilldifcontented, and full of murmur, God decided the Controverfy by a fecond miracle, the budding of A a R o n'j Rod : (and fo Kj /xav t§is a.\j-m to eta XB^orovv\- crctTos Ziia.[u(;'iiyiTyii n^.m^ being thrice confirmed by the Chirotonia of God, he was confrnPd in that honor. Now that the Chirotonia of God in this place of Josephus fignifys the Chirotonia of the ) chror..c f. 22. People, is plain by that in Scripture, where they made Solo- mon King, andZADOCK to be Prieft. After the Captivity, as * in of Fopular Government. 540 in other things, fo in this power the Sanhedrim came, as I conceive, Chap. ?. to overreach the People : Joshua the Son of Josedech being UJi^^v-^^kj thus elefted High Prieft by the Sanhedrim, and this Honor thenceforth Grot, ad (as appears byMAiMONioEs) being at the difpofing of this Court, "^s- 1- 1- , Nor could any inferior Priell ferve at the Altar, except he had ac-j^j^i/ f^^' quir'd that right by the Lot, as is not only deliver'd by the fame Au- Maimon. thor, and by T o s e p h u s, but in Scripture. Now the Lor, as was u^'* ^^K , fhewn, giving no Prerogative either to any perfon or party, is as popular cap. 4, &: 5. an Inftitution as the Chtrotonia. So in eleftion of Priefts, the Orders 2 chron. 24. of Ifrael diflPer'd not from human Prudence, nor thofe of other Com- I'^^^il^' ^' ^ monwealths, the Prieft of Jupiter having bin elefted after the fame manner in the Comntionwealth of Sjracufa ; the Augaftdes^ and the Vejials in that of Rome : and if the right of bearing holy Ma- giftracy, being in Ifrael confin'd to one Tribe or Order, may feem to make any diflference, it was for fom time no otherwife in Athens, nor in Rome, where the Patricians or Nobility aflum'd thefe Offices, or the greateft of them to themfelves, till the People in thofe Citys difputed that Cuftom, as introduc'd without their confent, which the People of Ifrael could not fairly do, becaufe it was introduc'd by their con- fent. ' . TO com to the Levits in their original Ordination, God com- manded MosES faying, Thou jh alt bring the Levits before the Td^er- Numb. 8.9,1 oJ nacle of the Congregation, and thou /halt gather the whole affemblj of the Children of Ifrael, and they JJjall put their hands upon the Levits. This in the found of the words may feem to imply the Chirothefia, or Im- pofition of Hands, but take heed of that ; Divines will not allow the Chirothefia to be an Aft of the People : but in this proceding the whole people afted in the Ordination of the Levits, wherfore the Levits alfo were ordainM by the Chirotonia, Confent, Vote, or Suffrage of the whole People imply'd in this aftion. But for the Ordination of Priefts and Levits, whatever it was, it is not to the prefent purpofe ; Divines deriving not theirs from Priefts and Levits, but from Dukes, Generals and Magiftrats, from that of Joshua and of the Sanhe- drim, always provided, that this were of the fame nature with the former, that is, by the Chirothefia, or Impofition of Hands, and not by the Chirotonia of the People. However the Ordination of the Magiftracy was certainly Political ; and fo in this deduftion they them- ^xod. 29." felves confefs that their Ordination alfo is a Political Conftitution : 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 wafli'd them there, to adorn them with the Prieftly Robes, with the Miter, and to anoint them ; wheras he is commanded (the Children of Ifrael having firft laid their Hands upon the Levits ) to cleanfe them, and offer them for an Offering ; Divines of the Hierarchy and the Presbytery (tho it be otherwife with Wall a us and fuch as ac- knowlege Popular Government) give the Congregation, or Confent of the People for nothing, and put the whole Ordination of the Priefts and Levits upon the wafhing and cleanfing, or other Ceremonys of Confecration : as if to put the Ordination of Saul upon the Cere- mony of anointing by Samuel, tho perform'd by the immediat Command of God, were not abfolurely contradiflory to Scripture, and to the known Law of Ijrael, which fpeaking of the People, ex- prefly fays, One from among thj Brethren jlialt thou fet Kjng over thee ; upon The Prerogative upon which place fays P h i l o, Mo(} wife Moses never intended that the Royal Dignity fliould he acquir'dhy lot^ but choj'e rather that the Kjngs jhould be eleEted by the Chirotonia, or Suffrage of the whole People. The Congregations of the People affemhPd upon thu as upon other public affair Sy and required afign or confr mat ion from God : for a/much as by his will Man is to the reft of Nature, what the Face is to the Body. Wherto agrees that of the Heathens, Os homini fublime dedit^ Ccelumc[ue tucri jujjit, and their Divinations upon the Hke occafions by Intrals, none of which were ever underftood as deftruftive of the hberty of the People, or of the freedom of their Chirotonia. WHERE Solomon is made King, and Zadock Priefl: by the People, tho the Ceremony of anointing was doubtlefs perform'd, and perhaps by the Prophet Nathan, it is wholly omitted in the place as not worth the fpeaking of. The opinion that the Ordination of the Priefts and Levits lay in the Ceremonys of their Confecration, is every whit as fober and agreable to reafon, as if a man fhould hold the Kings of England to have bin made by the Un£tion of the Bifhops. IJrael from the inftitution of M o s e s to the Monarchy, •was a Democracy, or Popular Government ; in Popular Government the Confent of the People is the Power of the People, and both the Priefts and Levits were ordain'd by the Confent of the People of Ifrael. T O bring thefe things to the Citys in the perambulation of the Apoftles, which by the former Chapter I have prov'd to have bin Ditm. c. 10. Popular Governments ; it is acknowleg'd by G r o t i u s to the Citys of Afia^ not only that they us'd the Chirotonia^ but in the ftrifteft fenfe 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 Magiftrats, both Civil and Ecclefiaftical in their Ecclefe^ or Congregations, has bin alfo undeniably evidenc'd ; whence it miift needs follow that there were Citys in 4//4 (xeieoTnvtiravT^s auTt?s -zy^ej-iii- •75gxs jcar' tKRAviaiav ) chirotoniz.ing or ordaining them Elders^ that is, Ma- giftrats and Priefts in every Congregation (with Reverence be it fpoken) long before Christ was in the flefli, or the Apoftles any of them were born. Wherfore to fum up what in this Chapter I conceive to be fufficiently prov'd, I may boldly conclude, That the Chirotonia derives from popular Confiitutiony and that there was a way of Ordination by the Chirotonia. CHAP. IV. The deduclion of the Chirothefia/ro?« Monarchical or Ariflocrat'ical Government, and of the fecond way of Ordination from the Chi- rothefia. In which is contain d the Commonwcahh of the Jews as it flood after the Captivity. WHAT pleafes the Prince^ fays Justinian, has the force of a LarVj feeing the People in his Creation have devolv''d their whole Power upon his Per/on ; which is with the moft. But when Popular Government is chang'd into Monarchical, either the whole Power of the People, or a great part of it muft of neceffity accrue to the King. jfe Hence of Popular Government, 051 Hence fays Samuel, he mil appoint him Captains over Thoafafjds, Chap. 4. aftd Captains ever Fiftys : in which words perhaps is intimated the -~^\r>>^ Judges of the inferior Courts, ovjethronim Prefeftures ; fo that hereby i Sjih. 8. 12, Samuel tells the People they iliall no more have the Eleftion of their Rulers, but the King will have it ; who, it may be, chang'd the nature of fom of thefe Magiftracys, or added others : for when David caxnQ to reign over all Ifrael, Joab tvas over the Hojt (his 2 Sam. 8. t $6 Strategus or General ) Jehoshaphat wa-s Recorder, ZadocW Abimelec were the Priejls, S e R A i A h tvas the Scribe, and B e- K A I A H rvas over the Pelethits, and the Cherethits ; that is, was Capi- tain of his Regiments of Guard, call'd perhaps by thefe names, as thofe of Romulus were call'd Celeres. But it lliould feem that few or none of thefe Officers were elefted by the Chirotonia, that is by the People, but by the Prince, which kind of Ele£lion, as will be fhewn anon, may be call'd Chirotheftn. For the deduftion of this kind of Ordination, or Eleftion, we fliall do well to hearken firft to Dr. H A m M o N D j who in his Query, or Difcourfe concerning Ordi- §. loi nation by the Impofition of Hands, puts it thus. To lift up the Hands teas a Ceremony in Prayer, and accordingly to lay hands on any ( differ ingE^oi. 17. u.' m otherwife f/orn lifting up, than by the determining that Action to a f ecu- liar Ob'jeB, the Perfon that rvas pray''dfor ) rvas generally among the Jews a Ceremony of benediction us''d frfi by the Father to the Children, in be- flowing the Bleffing upon them ( and rvith that the fucceffion to fom part of his Eft ate or Inheritance ) ai appears in Jacob's bleffing the Children of Joseph: he ftretch'd out his right hand, and laid it upon Eph r a- Gen. 48. 14; 1 m's head, and his left hand on Manasses, and fo he blefs'd, &c. From thence it was accommodated among them to the communicating of any part of Power to others as affiftants, or to the deriving of any fucceffive Office from one to another. Thm when Moses had from Heaven re- ceived, and long us''d his Commiffion to be under God the Ruler of the People, thefeventy Elders were by God's appointment affum'd to affift him .-Numb. n. 17; it being certain from the Jewifh Writings, tho the [acred Scripture has no occafion to mention it, that the fucceffion of the feventy Elders under the name of Sanhedrim or Council was continued thro all Ages by their creating others in the place of thofe that dfd, by this Ceremony of Impofition of Hands. To this purpofe are the clear words 0/ M a i m o n i d e s ; -pi^ sanhej^ Moses our Mafter created the feventy Elders by Impofition of hands, c. 4". and the Divine Majefty reft:ed on them ; and thofe Elders impos'd Hands on others, and others on others, &c. So a little before the depar- ture of M o s ES ot4t of this life, when a Succeffor was to be provided for him, God commands him tO take Joshua, and lay his hands upon Numb. 27.1?^ him. And. Moses laid his hands upon him, and gave him a Charge 23. as the Lord commanded by the hand of Moses : that is, derived to him bj this Ceremony the Authority which himfelf had, and conftituted htm his Succejfor in that Government. Andfo it is repeated, Joshua Deuc 34. 9, was full of the fpirit of Wifdom, for Moses had laid his Hands upon him. THIS is the Doflior's deduQion of the Chirothefa,Q\: Ordination by the laying on of Hands, from the Commonwealth of Ifrael: and, fays he, from the three Vfes of this Ceremony there, that is, firft inpraying for another ; fcccndly, in paternal benediction ; thirdly, in creating Suc- cejfor s in power, either in ivhole, or in part, derive three forts of things in the New Teftament^ to rvhich this Ceremony of laying on of Hands is accom- 3C2 T^he Vrerogative Book II. accommodated. That of Prayer (imply taken was of two forts, either for ^-''VV^ the cure of Difeafes, or fardoning of Sins. For Difeafes : They fhall Mar. i5.i8. ]ay hands 00 the lick, and they fliall recover. For Sim they were don away alfo by this Ceremony in the ahfolution of Penitent Sy to which belongs 1 Tim. 5. 22. ^ij^f Exhortation of FhUh to Timothy, Lay hands fuddenly on no man, that is, not without due examination and proof of his Penitencey left thou be partaker of other mens Sins. From the fecond, that of Pa- Mar. 10. 16. ternal Benediction, was borrow' d, frfi that of blefjing Infants with the Ce- remony of Impojition of Hands, as it dijfer''d from Baptifm. And fe- condly, that of confirming thofe of fuller age, that had bin formerly bap- tized. Lafily, to the creating SucceJJors in any Power, or communicating any part of Power to others, as to Jjfiftants, is anfwerable that Impofition of Hands in Ordination fo often mention'd in the New Tejtament, fbmtimes in Afls 6. 6, jjjg lofpgy degree, as in the ordaining of Deacons, elfwhere in the highefi degree. Jetting Governors over particular Churches, as generally when by that laying on of Hands it is faid, they receiv'd the Holy Ghoft ; wheras the Holy Ghofl contains all the ya^k^'m. requir''d to the pajtoral Luke 24. 49. puf}£tion, andfofignifys Power from on high : the Authority and FunBion itfelf, fo it be given by Impofition of Hands, makes the parallel exaB be- tween this of Chriflian Ordination, and that obferv''d in the creating Suc- cejfors in the Jevvifli Sanhedrim. So far the Doftor. NOW fay I, if the Scripture be filent as to the Ordination of the Deut. I. Elders in Ifrael, what means that place ; Take ye wife men, and under- (landing, and known amongyour Tribes, and I will make them Rulers over you ? Once in their lives let them give us the fenfe of it, or of that Numb. 11. other, where E l d a d and M e d a d are 0/ thofe that were written, and yet went not up to the Tabernacle : Otherwife that we hear no more of thefe, is from the filence of Divines, and not of the Scripture. But if the Scripture be not filent in this point, is there not a great deal of fancy in going on to cure the Sick, to pardon Sins, to blefs Infants^ confirm the Baptiz,''d, ordain Miniflers, nay, give the Holy Ghojl, and all the Graces belonging to the paftoral FunBion, from a place that has no fuch thing in it ? for if the Sanhedrim according to Scripture were not or- dain'd by the Chirothefta, there is no fuch thing to be deriv'd by the Chi- rothejia from the Sanhedrim. The firft Chirotonia indeed of the Sanhe- drim was accompany'd with miraculous indowments; wherfore if they will derive thefe Gifts and Graces from the Sanhedrim, why are they fworn Enemies to the Chirotonia ? Again, the Sanhedrim was a Civil Court or Senat ; wherfore then by this Title fliould not thefe Gifts and Graces be rather pretended to by the Civil Magiftrar, than by Divines ? what becoms of the Frieft Aaron and his Lots ? is he left to the Civil Magiftrat, while Divines derive themfelves from Ge- neral Joshua and his Chirothefa? But if the Sanhedrim and infe- rior Judicatorys were otherwife ordain'd originally ; then no Magi- ftrat in Ifrael was originally ordain'd by the Chirothefa, but only JosHU A. It is admirable that Divines fhould look upon God, as if in the inftitution 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 underftands the Politics, and confiders that God was now preceding according to this Art (as in his conftitution of the Senat, and of the People or Congregation, is moft obvious) muft needs fee that this Power he indulg'd to Moses of making his own choice of one * * man, of Popular Government. 5,55, man, could not pofTibly be intended as a pernianent Conftitutlon ; Chap. 4. for wheias he intended Popular Government, nothing is plainer than that a People not elefting their own Magiftrats can have no Popular Governrhent. How abfurd is it to conceive that God having already made an exprefs Law, that the People if at any time they came under Monarchy, fhould yet have the eleftion of their King, would now make a Law that the People being under a Commonwealth, fliould no longer have the eleftion of their Magiftrats ? For who fees not that to introduce the Chirothefia, as a {landing Ordinance, had bin to bar the People of this power? Ifrael at this time, tho defign'd for a Common- wealth, had no Land, no foundation to balance her felf upon, but was an Army in a Wildernefs, incompafs'd about with Enemys. To permit to the People in this cafe, the choice of all their Civil Ma- giftrats was neverthelefs fafe enough, nay beft of all :' for at the eleftion of mfe vzen^ and under fimdtng, and known among their Tribes^ fo far as was needful to civil adminiftration, their skill muft needs ■have bin at any time fufficient ; but the Commonwealth was yet in abfolute neceftity of a Proteftor, and of Diftatorian Power. Now to know whowasfitteft in this cafe to fuccede Moses, requir'd the Wifdomof God, or of Moses; and therfore was not yet fafe to be ventur'd upon a People fo new in their Government. For thefe rea- sons, I fay, Moses us'd the Chirothefia for once, and no more ; or let them fliew me among all the Diftators, Judges, or Kings, that fuc- ceded Joshua, any one that was chofen by the Chirothejia^ and he all Diftators. It is now above tliree thoufand years fince the inftitu- tion of the Sanhedrim, from which time the ambitious Eldeis firft, then the Talmudifts, and of latter ages Divines have bin perpetually ftriving for, or polTeffing themfeh'es of this fame Oligarchical Invention of the Chirothefia pretended to be deriv'd from Moses; tho there be neither any fuch Precept of God or Chrift in the Old or New Tefta- ment, nor any unanimous refult upon the point, either by the Talmu- difts or Divines them,felves. And for the clear words quoted by the Doftor out of M A I M o N I D E s, they are fuch to which I fliall in due time fhe w M a i m o n i d e s to be elfwhere of a clear contrary opi- nion. But in this Controverfy, without fom clearer dedudtion of the Chirothefiaj wc fhall make no happy progrefs ; in this therfore I fliall follow S E L D e N the ableft Talmudift of our age, or of any. THE Commonwealth di Lacedemon ( if I could ftand to fliew it ) has ftrange refemblances to that di Ifrael, not only in the Agrarian, which is nothing to the prefent purpofe, but in the Senat, which to pre- vent catching another time, I do not fay was a Judicatory only, but not only a Senat, but a Judicatory alfo. For Lycurgus of all other Legiflators was in this the likeft to God, or to Moses, that his work was fo exquifitly perfefted at once, and his Laws fo com- prehenfive, that if the Senat had had no other funftion than to make or propofe new Laws, there being little or nothing of that wanting, they would have had little or nothing to do. Now it being thus, and much more than thus in Ijraelj the Sanhedrim was not only the Senat, but the fupreme Judicatory. And becaufe one Court in a Territory of any Extent is no where fufficient to this end ; therfore the Sanhedrim had divers branches diftended not only to the Citys of Judea, but even to the Villages ; thefe were call'd the Lejfer Sanhedrim^ or the Jethro- man Prefe£iures, Zz THE 2^^. The Prerogative Book II. THE Great Sanhedrim confifting, as has bin fliewn, of 70 El- »->5?=~v/'''^^»j ders, fat firft in the Tabernacle, and afterwards in the Court of ths THE 'Jethronian Prefcflures confifted fom of three and twenty Elders, and others but of three. Of the former kind there were two in the gates of the Temple, and one fitting in the gates of every City ; of the latter there was one almoft in every Village. THE power of the Jethro>iia» Court, confifting of twenty three Elders, was in matter of Judicature equal with that of the great San- vid. Grct. adhedrim, only in cafes of difficulty they obfervM this Precept. If Vein. 17. 8. f/j( became in latter times fo heavy, that as to the Eleftion of the Sanhe- drim not only the Levits of inferior rank were upon the matter wholly laid by, but the High-Prieft himfelf fomtimes omitted, the reft ol the Tribes far excelling this in Learning, THE power of the Triumvir at s, or three Judges in the Villages, extended no farther than to inflift ftripes to a certain number, and pe- cuniary mulfls to a certain fum. Thefe poffibly had the fame recourfe upon occafion of difficulty to the Judges in the Gates, as the Judges in the Gates had to the Sanhedrim : but their power is not fo much to the prefent purpofe, which regards only their manner of Election, This having bin inftitutively exercis'd, as has bin fliewn by the Chiroto<- ma, or Ballot of the People, came fooner or later ( I find no man that can refolve upon the certain time ) to the Chirothefia. For tho when a. Judg in the Gates was dead, that Court elefted his Succeffor out of their Difciples (each Court in the Gates had 99 Difciples that were their conftant Auditors) or out of the Triumvirats ; and when an Elder of the Sanhedrim dy'd, the Sanhedrim elefted his Succeffor out of the Courts in the Gates, more particularly thofe in the Gates of the Temple by Suffrages ; yet no man was capable of being eleded into any of thefe Courts that was not a Presbyter, nor was any man a ifSTikotii Mifna Presbyter that had not receiv'd the Chirothefia.: nor could any mancon- Gemara. fgj, ^.j^^ Chirothefia that had not firft receiv'd it, or bin fo ordain'd a Pref- byter himfelf: nor tho he were fo ordain'd, could he confer the like Oi-- dination, but in the prefence of two others, whether ordain'd or not ordain'd; and no Ordination could be confer'd but either this way, or Abr. Zacuth. by fom One of the Judicatorys. The manner how this Ordination was Mainiom cs. confer'd, if the party were prefent, was either by laying on x)f Hands, or by faying a Verfe or Charm ; or if he wereabfent, by a Letter, or Patent. A N of Vopilar Government 555 AN Elder thus ordain'd was calPd Rabbi^ might have Difciples, Chap. 4, teach, praftife, or expound the Law, declare what was therby free ^-<5'^^>0»»-i or forbidden (which with them was call'd binding and loofing) ordain Rati,i^"thj^, others with the affiftance mention'd, or be capable of Eie£lion into fom one, or any Court of JufUce, according to the nature of his Or- dination, the Conditions mention'd at the conferring of the fame, or the gift that Tvas in him by the laying on of the hands of the Presbytery ; which in fom extended noifarther than to flic w how Meat fliould be kilPd and drefs'd, how Uncleannefs fhould be j|toify'd, what were Vices of the body, what might be eaten or drunlf^and what not ; in others it ex- tended to fom one or more, or all the Facultys exprefs'd : but I am inclining to believe that a plenary Ordination us'd not to be confer'd but hy the Great Sanhedrim, or at Icaft fom one of the Jethronian Courts. THEY us'd alfo to confer this Ordination fom time occafionally;, and for a feafon in this manner. Receive the gift of judiciary Ordina. Maimon. Tin tiony or the right of binding and loofing, till fuch time oi you return to us ^''"' '^•'P- 4- in the City. Where the Chriftian jews flill following their former Cuftoms in higher matters, as the obfervation of the Sabbath, and of Circumcifion, even to fuch a degree, that Paul not to difpleafe them took Timothy and ctrcumcis'd him, feem to me to have follovv'd this cuflom, who when the Prophets at Antioch had inform'd them that Pa u l and Barnabas were to be feparated to an extraordi- nary work, laid their hands upon them, andfent them away : for other wife Afls 15. gi as to Ordination Paul and Barnabas had that before; atJeaft Pa u L by Ananias, and for any fuch Precept in the Chriftian Re- Arts 9. 17. ligion there was none. JOSEP HV S, P H I L o, and other Authors that tell us the Com- monwealth of Ifrael was an Ariftocracy, look no farther than the in- troduftion of the Chirothefa by the Presbyterian Party, which muft have taken date fom time after the Captivity, or the reftitution of the Commonwealth by Ezra, there being not one fyllable for it in Scripture, but enough to the contrary, feeing God introduc'd the Chi- rotonia. By which it is demonftrable that a Presbyterian Party may bring a Popular Government to Oligarchy, and deface even the work of God himfelf, fo that it fhall not be known to after ages ; as alfo that Ecclefiaftical Writers ( for fuch are the Talmudifis ) may pretend that for many hundred years together, as Divines alfo have don, to be in Scripture, which neither is, nor ever was there. But have I yet faid enough to flicw that Ordination, efpecially as in this Example, not of a Clergy, but of a Magiftracy, whether by the Chtrotonia, or Chirothefa, is a Political Inftitution ? or muft I rack my brains for Ar- guments to prove that an Order or a Law having fuch influence upon the Commonwealth, that being introduc'd or repeaPd, it quite alters the whole frame of the Government, muft needs be of a political nature, and therfore not appertain to Divines, or to a Clergy, but to the Ma- giftrat, unlefs their Traditions may be of force to alter the Govern- ment as they pleafe ? All is one, they can abate nothing of it, let what will com ot the Government, the Chirothefa they muft and will have. Then let them have Monarchy too, or Tyranny ; for one of thefe, according as the balance happens to ftand with or againft their Chiro- thefa, is the certain confequence ; either Tyranny as in Jfrael, or Mo- narchy as in the Papacy, and, from that or the like Principle, in all Zz 2 Gothtf 356 The Vrerogitive Book II. Go//w Empires: which Examples, to begin with 7/r^f/, well defer ve c<5==A/~*^^ the pains to be fomwhat more diligently unfolded. ALL Eleftions in Ifrael^ fave thofe of the Priefts who were eligible by the Lot, being thus ufurp'd by the Presbyterian Party, and the Peo- ple by that means devefted of their ChirotonU ; fom three hundred years before Christ, Hillel Senior High Priefi:, and Archon, or Prince of the Sanhedrim, found means to draw this Power of Ordi- nation, in fliew fomwhat otherwife, but in eft'edl to himfelf, and his Maimon. Tit. ChirotheftA : for by his influencdj^pon the Sanhedrim it was brought San. cap. 4. to pafs, that wheras formerly ^^man ordain'd might, in the manner fhewn, haveordainM his Difciples ; it was now agreed that no man fliould be ordain'd without the Licenfe of the Prince, and that this Power fhould not be in the Prince, but in the prefence of the Father of the Sanhedrim, or Speaker of the Houfe. Thus the Ariftocracy of 7/rrff/ becoming firft Oligarchical, took (according to the nature of all fuch Governments) long fteps towards Monarchy, which fucced- ing in the Ajmonem Family, commonly call'd the Maccahees, was for their great merit, in vindicating the jfw/ from the Tyranny of An- T I o c H u s, confirm'd to them by the univerfal confent and Chirotonitt of the People. Neverthelefs to him that underftands the Orders of a Commonwealth, or has read the Athenian, Lacedemonian^ or Roman Story, it will be plain enough that but for their Ariftocracy they needed not to have bin fomuch beholden to, or to have flood fo much in need of one Family. It is true, both the merit of thefe Princes, and the manner of their free Eleftion by the People, feem to forbid the name of Tyranny to this Inftitution : but fo it is, that let there be never fo much Merit in the Man, or Inclination of the People to the Prince, or the Government that is not founded upon the due ba- lance, the Prince in that cafe mulf either govern in the nature of a Commonwealth, as did thofe of this Family, reforming the policy after the Lacedemonian Model ; or turn Tyrant, as from their time, who liv'd in the Age of the Grecian Monarchy, did all their SuccefTors, till under the Romans this Nation became a Province : From which time fuch Indeavors and Infurreftions they us'd for the recovery of their antient Policy, that under the Emperor Adrian (who per- ceiv'd at what their Ordination, being not of Priefts, but of Magi- ftrats, and of a Senat pretending to Soverain Judicature and Authority, feem'd to aim) there came, fays the Talmud, againfi the Ifraelites an Ediii out of the K^ingdom of the Wicked (meaning the Kow 104; ner : That EleBion and Ordination are feveral things, is fufficiently known to every man that meafures the nature oj Words either by ufage or Diciionarys ; only for the convincing of fuch as think not themfelves ob- liged to the obfervation of fo vulgar Laws, I /hall propofe thefe evidences. In the Story of the Creation of the Deacons of Jerufalem, there are two Afts 6, things dijliniily fet down, one proposed to the multitude of Difciples to be don by them, another referv^d to the Afoftles ; that which was propos''d to the Multitude was to ele^, &c. Election of the Perfons was by the A- pofiles permitted to them, but fiill the Q^cf^-mgdmiMv^ confiituting is re- fervid to the Apoftles. Then corns Dr. Seaman: Be it granted, as it ofordma, is by Protefiants generally, that Paul and Barnabas made Elders P* '^ with the confent of the People, their Confent is one thing, and their Power another. WHERE in the firft: place I for my particular, who have had the Books of Dr. Hammond and Dr. Seaman fent to me by way of Objeftion, need not go a ftep further. All that I have infert- ed in my Oceana concerning Ordination, is in thefe three Votes ac- knowleg'd and confirm'd : For the Probationer to be there fent by a Univerfity to a Cure that is vacant, may by a Doctor, or the Doftors of the fame Univerfity already ordain'd, receive Impofition of Hands, if that be thought fit to be added, and then the Election of the fame Probationer by the People dos no hurt, nay, faysGROTius, tf o/Deimp.c. 15J the right of Nature ; for it is naturally permitted to every Congregation to procure thofe things which are neceffary to their confervation, oJ which num- ber is the Application of Eun^ion. So Merchants have the right of ele^~ i»g of a. Mafier of their Ship ; Travellers of a Guide in their ivay, and a, free People of their Kjng. The Merchant, it feems, dos not make the Mafter of his Ship, the Traveller his Guide, nor the free People their King, but eleft them. As if Van Trump had bin Admiral, a Robber upon the Highway had bin a Scout, or the Guide of an Army, or S A u L a King before they were elefted. The point is very nice, which inftead of proving, he illuftrats in the beginning of the fame Chapter by thefe three fimilitudes, T H R firft is this, The Power of the Husband is from God, the Appli- cation of this Power to a certain Per fan is from conj'ent, by which never- thelefs the right is not given ; for if this were by conjent, the Matrimony might he diffok^d by confent, which cannot be. ^s it an apparent retra- ftion of Matrimonial Confent, as when a Wife confents to another than her ou II Husband, or commits Adultery, did not deliver a man from the bond of Marriage by the Judgments of Christ. There is an imperfeftiun or cruelty in thofe Lava's, which make Marriage to A a a laffc o^2 The Prerogative Book II. laft longer than a man in humanity may be judg'd to be a Husband, v- and twenty in the Text are never mention'd but once, and then it is in pojifm. '"' a Parenthefis ? I will but tranfcribe the place. §. us- I; AND in thofe days V-etek flood up in the midfl of the Difciples^kdau 1$, dnd faid ( the number of the Names together were about an hundred and twenty) 8fc. Are the Difciples in the Parenthefis, or out of it? Are they but oncemention'd, and that is in a Parenthefis ? Or are they but once number'd, and that is in a Parenthefis ? If a Gentleman fliould do thus, what would they fay ? Or, what were ill enough to be faid ? But to mend the Text, and bring the Difciples into the Parenthefis, they have more ways than one ; wheras the Heathen People, while the Priefts were willing, mix'd thefe Dutys with Devotions, Divines will not fuffer a Chrifl:ian People upon like occafions to pray : for where it is faid, Theyprafd^ it went before, they appointed two, and it follows, They gave out their Lots ; which antecedent and confequent, if the People pray'd, muft be equally underflood of them, and fo they could be no Parenthefis. Therfore pray they mufl: not, or Divines are loft. But how will they filence them? Tofliew you this art I muft tran- fcribe the Heads of the Chapter. THE Apoftles being return'd from Mount Olivet to Jerufalem went up into an upper room, where abode both Peter and James, Verfeij^ and John, and Andrew, ] ksae^ the Son (jf Alp he us, and Simon Zelotes, and Judas the Brother of J a m e s. AND in thofe days Peter flood up in the midfl of the Difciples ^ 1:5= and faid (the number of Names together xvere about one hundred and twenty ) M E N and Brethren, nS. F thefe men which accompanfd with us all the time that the Lord ^u Jefifj went in and out among w^ MVST The Prerogative MV S T one be ordain'd to be a Witnefs with us of his Refurre^iion. AND they affointed two, Joseph And Matthias. • AND they pray''d, and [aid, Thou Lord which knowefi the hearts of all men, jhew whether of thefe two thou hafi chofen. A ND they gave forth their Lots, and the Lot fell ufon Matthias, THEY whom Peter acquainted that one muft be ordain'd, one would verily believe were the hundred and twenty Difciples, in the midft of whom he flood up, and made the Propofition ; and fo much the rather, becaufe this was no more than the Apoflles knew be- fore, and ( in all right underflanding of Government and Senfe) were already agreed upon, it being the Office of the Ariftocracy or Senat in a Commonwealth (and fuch exaftly were the Apoftles in the Church ) upon all new Orders or Eleftions to be made; firft, to debate and de- termin by themfelves, and then to propofe to the Chirotonia or ultimat refult of the People. But Divines fay abfolutely no, which word to make good, They appointed two, and they prayed, and they gave forth their Lots, being fentences that ftand plainly together, or hunt in couples, muft leap flieerover nineVerfes, Peter's whole Oration (which by this means is no more than a Parenthefis neither ) and over the hundred and twenty Difciples, without touching a hair of their heads, to light plum upon the thirteenth Verfe, and the eleven Apoftles ! Never man us'd his Grammar fo fince he threw it at a Pear tree ! Yet Grodus. that Chrysostom (who underftood Greec) allows of no fuch conftruftion, is confefs'd by the learnedft of this opinion ; and wheras they fly to the Latin Fathers, that retreat is wholly cut oft" by D a v i d Blundel in his very learned Treatife of the right of the People in Church-Government. BUT what do we ftand upon words ? Are thefe fuch wherof the things to which they relate may be Interpreters? Or to what things can they relate but the Inftitution of the Sanhedrim by Moses? That at the Inftitution of the Sanhedrim the Competitors were elefted by the Suffrage of the People, and from thence that the Ballot oi I frael con- fifted not only of a Lot but of a Suffrage too, has bin already demon- ftrated out ot Scripture ; and that the Eleftion of Matthias was by the Ballot of Ifrael is no lefs apparent in it felf, than fully confefs'd upon the place by G r o t i u s. Vemonfir.itkn « THEY that under color of Religion in matter of Government, SiS'T'' " flight Prudence, are miftaken, or do not mean honeftly. Neither Foiicy Eakfi- " G o D nor C H R I s T cvcr inftituted any Policy whatfoever upon £'"i>on^]/«' " ^"y other Principles than thofe of Human Prudence. The Em- FiincipTes of " baffadors fent from the Giheonits to Joshua deliver their Meffage Hum.m Pru- " in this manner J The Elders and all the Inhabitants of our Country to'ntc. II. '^ fp'^^^ to us, faying, Go meet them, and fay to them, We are your Ser- " vants; therfore now make ye a League with us. They that had power " to fend Embaffadors, and to make a League with a foren Nation, " had foverain Power ; this fovei-ain Power was in the Elders, or Se- " nat, and in the People of Gibeon : wherfore God conftituting his " Commonwealth for the main Orders ( that is to fay, the Senat and " the People ) upon the fame Principles on which the Gtheonits had " long before built theirs, laid his Foundations upon no other than *' human Prudence. So for the inferior Courts they were tranfcrib'd ** by Mosfis out of the Commonwealth of Mtdian^ upon advice * " of of Popular Govemfnent. 5^7 " of J E T H R o his Father in Law. According to fuch patterns was Chap, 5. *' //r^e/ fram'd, and by that of T/r^e/this firft Policy of the Church of «w/' ^r>kJ " Christ fo exaftly, as {ftns comparaiJo?i) any man fhall fhevv " the Commonwealth of Oceam to have bin tranfcrib'd out of Rome " or Venice. Let them that would have the Government be fomwhat " between Earth and Heaven, confider this place. N O R is Ecclellaftical Policy only fubjeft to Human Prudence, but to the fame viciflitudes alfo wherto Human Prudence is fubjeft, both in her own nature, and as fhe is obnoxious to the State wherin ilie is planted, and that inavoidably ; as I com now to demonflirat by the Alterations which happen'd even in the Age of the Apoftles themfelves : for this at the Eleftion of Matthias being alter'd, the next form of Ecclefiaftical Policy introduc'd in their times, is re- fembrd by G r t i u s to that of Athens^ of which, for the better clearing of what follows, it is neceffary that I firft fay fomthing by way of Intpodudion. THE Thefmotheu, being in number fix, were Magiftrats of the higheft dignity, power, and rank in Athens. Thefe, fays A r i s t o- Arift. 2, lib. 2. T L E, were elefted by the Chirotonia. or Suffrage of the People ; and'^" '"■ fays, Pollux being elefted underwent the Inqaifition of the Senat, where they were to anfwer to thefe Interrogatorys, Whether they wor- jbifd 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 fatisfy'd, They rvere (worn WPol.iib.s.c.pi crowned with Mir tie : which corns to this, that the (^rasiicrc^gy) or Conftitution being referv'd to the Senat, the Thefmothetx were elefted by the Chirotonia of the People. Now tho the Government of Athens tnroout the Citys o^ Afia ( being moft of them of the like Model ) was moll: known, I will not fay that the Apoftles wrote their Orders out of Athens, but feeing all Political Inftitutions muft needs be according to Human Prudence, and there is nothing to be written out of this but what will fall even with fom other Government that is or has bin, I may fay, as G r o t i u s has faid before me, that the frame of "^ Church Government in the infuing Example was after the manner of Athens. WHEN the number of the Difciples^ or Believers, was multiply'' d^Seoni way of there arofe a murmuring among fuch of the Jew as having bin bred '^'^1]f"^chtr u'^ f Alexandria or other parts, were for their Language ( which was Greec ) cLifi. " "^ partly ftrangers, againft the Hebrews or converted 'Jews, that fpoke their own Language, as if thefe indeed us'd them like ftrangers, their Widows being neglefted, or not dealt fo liberally withal, as thofe of the Hebrews in the Contributions due for their conftant maintenance. HEREUPON the twelve Apoftles, after the manner of the Se- nat, having without all queftion debated the bufinefs among them- felves, as appears by the fpeech upon which tliey were agreed, af- fembl'd the People, which is ftill Senatorian, or call'd the multitude of the Difciples to them, and faid, It is not reafon that we fhould leave preaching, or the Word of God, to be taken up with this, tho chari- table, nay, feeing we have introduc'd Community of goods, moft juft and neceflary imployment of providing Food and Clothing for every one of our Fellowfhip or Community (the Chriftians in thefe 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 Caterers, 2 58 ^^^ Prerogative Book II Caterers, and be taken up in fcrving Tables. Wherfore, Brethren^ vV'V^-^ (take the wife men and underftanding, and known among you) look out [even men of honefi report, full of the Holy Ghojl, and of Wifdom fi^yuxiT/p-mfA^.v '^^ TTi xfs<«^ tkut^s) tvhom rve may appoint over this buftnefs. THIS Saying, that is, this Propofition of the Senator y^poftles, fleas'd the whole Multitude (like that of Moses, the thing which thou ha(i faid is good for m to do) So they chofe Stephen, Philip, Prochorus, Nicanor, Timon, Parmenas, 4a>^ Ni- cholas, whom being elefted, they fet before the Apoflles, tpho when thej hadpray'd, laid their hands upon them. WHAT fuller demonftration can be given of any thing, than that in this example Ordination and Eleftion are one and the fame, and that this was confer'd by the Chirotonia of the People ? If there be any poffible way of making this clearer, it muii be by oppofition : wherfore let us fee what Divines have to fay to the con- trary. GROTIVS gives all we ask from this place, which he gives for nothing, becaufe it concerns not the Eleftion of Paftors, but of Dea- cons. As if Stephen and Philip had not only bin Preachers of tlie Gofpel, but don Miracles. What Dr. Seaman denys or grants in relation to the fame, I have indeavor'd to underlf and, but it will not do. Dr. Hammond is fo plain, that his Objeftions may be of life. He, to prove that the Ordination of thefe Deacons was not in the Chirotonia of their Difciples, but in the Chirothefa of the Apoftles, has thefe Arguments. THERE he two things dijliniily fet down, Eleciion permitted to the People^ and the (^Mcrixsrnfliv^ confiituting referv'd to the Apoftles. T O which I anfwer. That there were two things fet down by the Athenian Law, Eleftion of the Thefmothetx by the People, and the (v^TOSJ^OT/x-ei) conftituting of them by the Senat ; yet that the Ordi- nation was in the Power, and that the Power was in the People of Athens : he that makes a doubt, is not refolv'd whether the moft po- pular Commonwealth that ever was were a Democracy. BUT, fays he, this looking out of men, or chufing, was permitted to the Multitude hy the Apoftles with thefe three bounds : tirft, to take feven, neither more nor fewer : Secondly^ thofe men generally known and well re- puled of : And thirdly, full of the Spirit y and of Dtfcretion or parts fit for Government. To which I anfwer, That the Eledion of the Thefmothet^ was permitted by the Law to the People ot Athens with thefe three bounds ; Firft to take fix, neither more nor fewer : Secondly, thofe generally known and reputed of: Thirdly, in fuch eflimation for their honefly and ability for Government, as in their confciences (to which alfothey made Oath) they fliould jndg litteit for the Commonwealth. Yet is all this fo far from any proof that Athens was no Democracy, or thattheSoverain Power, whether in enafting of Laws, orele6lion of Magirtiatsby the Lot or the Suffrage (Inllitutions equally popular) \\ as not in the People, that it amounts to the ftrongell: argument thac the People were Soverain, and the Commonwealth was Democratical. Could I'ruth defire greater advantage than redounds from fuch oppo- fition ? Wc have another example of the fame Model, in which, be- caufe it has bin paraphras'd upon already in the Introduftion, I fhall be Arts 1 5- briefer here. In the Church of Antiochy where the Difciples were jt now of Popular Government, 5^^ row becom Co numerous, that they began to be call'd Chrlfllahs, Chap. 5. there were among them Prophets : fo being aflfembl'd oh occafion, as »-^~V^X-^ I conceive, of giving an extraordinary Commifliori after the manner of the people of Athens when they elefted Ambalfadors, or (that I may avoid ftrifeupon a point fo indifferent) to chufetwo new Apoftles, The Holy Ghoji faid, Separat W6' B A R N A B A s and Saul .for the Work wberto I h/ive appointed them : that is (for fo it is render'd by all Inter- preters) the Holy Ghofl: fpalce tliofe words by the mouths of the Pro- phets. Now thePropIiets being well known for fuch, this Suffrage of theirs was no fooner given, than (as one that can allow Prophets to be leading men may eafily think) follow'd by all the reft of the Con- gregation : So the whole multitude having fafted and pray'd, the moft eminent among them, or the Senatorian Order in that Church, lard their hands upon Paul and Barnabas, who being thus fent forth by tlieHoly Ghoft, departed to Se/eacia. TO evade this apparent Eleflion, or C/'/yo^i4xeieoTOVM/^tvoi vwo tS eeS) defign'd aa; lo. 4r. or forecon/lituted by God the witnejfes of his Refurrection : by all which that of Paul and Barnabas ( xn^orovt^arx.vTi'i t^ ^a-eiTepa? ^x' m- kKwixv) is but conftituting or creating Elders in every Church. Wherfore they that have looPd fo far hack to the Original, as to think it necejjary to render the word to create by Suffrages, are jure guilty of a very impertinent nicety. I promife you had this bin againlt one of our Doftors, it might have bin a rude Charge; but it is only againfl Erasmus, Beza, Diodati, and fuch as took upon them to tranflate the Switz,, French, Italian, Belgic, and ( till the Epifcopal correftion ) the Engltjh Bibles. And what apparent caufe is tiiere of fucli confidence ? What neceflity is there even in the places alleg'd why the word Chirotonia fhould be undcrrtood in the fenfe impos'd ? The People of Egypt, till having fold their Lands they came to lofe their Popular balance, were not Servants to Pharaoh; wherfore when Joseph was made Governor over all Egypt they were free: now qyA 'the Prerogative Book II. now that a King fliould make a Governor of a free People without C-/'^/"'*-' their confent, or fom advice as we fay of his Parlaraent, is altogether improbable, the rather becaufe a Proteftor, in the abfence or minority of the King, has bin no ctherwife made in England^ nor pretends the prefent Proteftor to any other title tlian the like Chirotonia. But that Moses is faid by the fame Author ( who affirm'd that he intro- duc'd the Chirofoma in Ifrael) to have bin chirotoniz'd Ruler of the People, can in my judgment be no otherwife than originally and lite- rally taken, feeing God himfelf was no otherwife made King in Ifrael than by the Suffrage of the People. That the like muft be underft ood of the Sons of A a r o n has bin already fhewn. The Doftor is the firft has told me, that the plural number for the Royal Stile is fo an- tient asEpiPHANEs: Sure I am it was not deriv'd from his Mace- donim Predeceflbrs, for in the Letters to the Athenians and the Thebans De Cor. recited by Demosthenes, Philip of Macedon writes in the fingular number. But the Letter of Epiphanes to Jona- than muft it feems import that he at fingle hand (tho the words carry double) had chirotoniz'd a High Prieft of the "Jews: Who can help it ? Som Princes have not only given out that their Priefts have bin chirotoniz'd when they were not, but that themfelves have bin chirotoniz'd when there was no fuch matter. When a Prince fays that he was chirotoniz'd or elefted by the People, to talk of Rhetoric is to have none. Divines in this cafe commonly under- ftand it to be proper, or literally meant ; for to impofe a new fenfe is to fpoil the word ; and fpoil the word, fpoil the Prince, L u c i a n is a Drol, and intends a Jeft, but not fo good a one, as that he of all others fliould com neareft to help up with a Hierarchy. For the Chirotonia^ or EleQion of the Roman Magiftrats by the Suffrage of the People or of the Army, every man knows that it is literal : S u i d a s himfelf interpreting the word by this very example ; where he affirms it to fignify Eleftion or Ratification by the Many. The Quotation out of the Conftitutions, with thofe of Bifliop B i l s o n, and others out of the Greec Fathers, and out of Councils, do not only imply the word Chirotonia, but the thing, while they all relate to that kind of Ordina- tion, which being in thofe Churches yet adminifter'd as at the Ordi- nation of S T E r- H E N, was not confer'd without the confent of the People. But it is above all, that laboring to prove the Chirotonia and the Chirothefia to be the fame thing, they fhould rely moft upon the place where the Apoftles are faid ( T^-^oJj^x^'COTovM/wivoi x^h ri otS ) to have bin forechirotoniz'd by God ; as if it were clear in this, that God ordain'd the Apoftles by the laying on of Hands, for fo it muft be un- derftood, or it makes no more for them than for us. Or if they mean it only to fliew that the word Chirotonia or Suffrage is us'd for fom Ordi- nation that cannot be taken in our fenfe ; fo the word Chirothefia. ('^ fitin; xe'p^v) or lajiing on of Hands, where Ananias being neither Bifhop nor Presbyter, but only a Difciple, that is, a Chriftian, lays his hands upon Paul, is us'd for fom Ordination that cannot be taken in their fenfe ; or a man not ordain'd may ordain as well as they : for to fay tliat the Call was extraordinary, where the like is, or is pre- tended, will avail little. But there is no need that we fhould go fo near the wind ; wherfore to give them all thefe places in their own fenfe, even till we com to the Citys in queftion. What word in any Language is not fomtimes, nay frequently, us'd in fom other than the jt^ proper of Popular Government. 575 proper fenfe ? With what elegance, if this be forbidden, can any Chap. 5, man write or fpeak ? Is a word Jike a Woman that being taken with ^-''V'^v^ a Metaphor, it can never be reftor'd to the Original Virtue ? If Chiro- toniA has, as Divines pretend, loft all other but their fignification, how fhall we underftand it in Ifaiah^ or where Pa u l fpeaks it of the Brother (xe'eoTovMei/t-ra -troo t^^I' %%v.K\\m.Z\^ chirotoniz'd.^ ox chofen byzQox.z.Kf, the Churches ? Certainly in this one place at leaft it is of our fenfe, and in the word ■ts^cK.ixuporovufA.im it is but once yet in all the New Teftament of any other ; fo that if we gain the place in controverfy, we have it twice of our fenfe in Scripture for once not in theirs, but in any other : and in human Authors, they will not fo 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 fomwhat more perhaps than can be don for another. But in the fenfe of words that are fomtimes properly and fomtimes improperly taken, may we admit of the things wherof they are fpoken for In- terpreters ? Or if Lillys and Rofes have bin almoft as often faid of Ladys Cheeks, muft we underftand them no otherwife when we are fpeaking of Gardens? YES, fays Dr. Hammond, and therfore to fay of the Apoftles Paul and Barnabas, that they created Elders hj their own Suf- frages^ is no more than to fay that they jointly did create^ and indeed being but two, there could be noplace for Suffrages ; and to affirm they did it by the Suffrages of others, is not agr sable to the pretended ufe of the word ; for where it is us'd of chufmg by Suffrages, /» when the People are faid to chirotonize^ it is certain that their own, and not others Suffrages are meant by it. IT were hardly poffihk to have contriv'd a greater number of Jffirma- ^Isownwordz tions in fo fmall a com^afs, nor to have gon farther in them from all truth. ^'^ ^'^- ^''''''^' Phrafes, as words, are to be underftood according to the Rule and ''^° Law of Speech, which is Ufe : and thus that the Apoftles created El- ders by their own Suffrage, is not faid ; that they did it by the Suf- frage of others, is neceffarily imply'd ; as alfo that the People are un- derftood to chirotonize as well when it is faid of the Prefidents of their Alfemblys, as of themfelves. Diruitj adificatj mutat quadrat a rotundiSo W H E N a man is faid to build a Houfe, or marry a Daughter, he is not underftood to be the Mafon, or the Bridegroom : but the Apoftles built Churches in thefe Citys ; therfore the People were not the Mafons. The Apoftles marry'd Christ to thefe Nations; therfore the People gave not their Confent or Suffrage ; what a Con- ftruftion were this in ordinary difcourfe or writing, and yet in the Language, as I may fay, of a Commonwealth the Phrafe is more ufual. How often dos Demosthenes fpeak of his Laws {fee »7 P/i- De Coron." fhifma, per ufe my Law) and thofe of other privat men? after which Copy the Parte, or Laws in the Commonwealth of l^enice, are call'd by the names of the Propofers, as were thofe of Rome, Rupilia, Cor- nelia, Trebonia ; in which manner we have Poyning's Law, and fom Statutes bearing no other Stile than Enabled by the Kjn£s mofi Excellent Majefty, which neverthelefs are known to have bin all enafted by the Parlamenr. Thus the Laws of Moses, Rhadamanthus, Minosj 2-76 r^^ Prerogative BookIL Minos, Lycurgus, Solon, Romulus, King Edward, \,>'V^ 1.^ were (/fgf^ & confuetudims quat valgus elegerit^ fuch as the People had confirm'd or chofen by their Chirotonia. But they may fay, gran- ting you this ufe of fpeech in relation to Laws, what have you ot this f(aT' eRK.\H(nav ) chirotonizing them Elders in every Congregation, can be no otherwife underftood than that they here, as M s e s at the inftitution of the Sanhedrim, Samuel at the Eleftion of the King, the Proedri at the pafling of Laws, the Ihefmo- thetx at the creation of Magiftrats, the Eleftors in the great Council of Venice, and the High Sherifs in the Countys of England, were no more than Prefidents of that Chirotonia, which was given or made ; by the Suffrage of the People. WHERFORE the Greec is thus rendered by thefe feveral Tranfla- tions of the Bible. That of Zj*rich, WHEN tbey had created them Elders by Suffrages in every Con- gregation. That of Beza, WHEN they had created them Elders by Suffrages in every Con- gregation. The French, WHE N by the advice of the Jffemblys they had e^ablij^d Elders. The Italian, WHEN by the advice of the Congregation they had conjlituted 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, WHE N in each Church, by the holding uf of Hands, they hadele^ed Tresbyters. That us'd in England from the time of the Reformation till the Epifcopal correftion of the fame, WHE N they had ordain'd them Elders by Eleffion in every Con- gregation. INDEED of Popular Government. ^yi INDEED the circumftance of the Place forbids aiiy other con- Chap. 5. ftruftion of the words ; for if the Suffrage or Chirotoni.^ (whicli were ^^^^^^^'\>~J fcarce fenfe) related to the Apoftles only, what needed they have don that in every Congregation or Church, which they might liave don in any Chamber or Clofet ? The circumlfance of the Aftion iorbids any other conftruftion ; for the People -were alTembrd upon occafion of Eleftion or Creation of Officers, which thing dos not ufe to be don in AfTemblys gather'd for Divine Service : befides, thefe Congre- gations were not always of one mind, but fom times for facrificing to the Apoftles, fomtimes for Itoning them, which are ads of Power ; wherfore they were Political Aflemblys, Now thefe conhif ing alfo of a People, that had in their Citys ( quandam xvtovoijJm ) tlie govern- ment of themfelves, hence arifes the ftrongeft circumftance of all, for- bidding any interpretation of the Text that might exclude them from eleftion of their own Magiftrats, Prieils, or Ecclefiartical Elders, fuch as had bin the Jfiarchs, tho Heathen Prelats, yet remembered by the Scripture as afFeftionat Friends to P a u l ; or fuch as were thofe, tho a& ip. ^u to a better end, now ordain'd by the Apoftles. Wherfore G r o t i u s, notwithftanding all the art he ufes in other places to avoid this fenfe, giving his note upon the Text, yields, Tho chirotoniz^ing may befaid ofa- ny 'Election made by one ^ or by the few; yet to the Eleliion in this pUce it is probable that the conjent of the People was given, no lefs being implied in the beginning of the Chapter^ where the Multitude bdiev'd^ where they were ftir''d up, where they were evil affeBed^ and where part held with the Jews, and fart with the Apojiks : Which flaews that the People were active in the bufinefs. But, fays Dr. S e a m a m. There is difference between the Conjent of the People^ and the Power of the People : which is not to underftand the cafe in controverfy, nor to take notice that the People wherof we are fpeaking were under Popular Government; for wherever the People are under Popular Government, between that which is don by their confcnt, and that which is don (jujfu populi) by their power, there is no difference. How fliould the People give their confent, but by their Suffrage ? or what difference, where they have Power, can there be between the Suffrage, and the Power of the Peo- ple? D r. HA MMO ND upon this point is far more quaint : where the Scripture fays, that the Multitude were evil effected, and where p Art held with the Jews, andprrt with the Apoftles, he thinks it e'en like enough : But where it is fa id that a great Multitude of the Jews, and alfo of the Greecs believ''d, he feems to have no opinion of it ; for, fays he. It is evident that Believers were at frft but few m every Town or City ; §. 134; they were not whole Corporations at once converted, nor confequently could they aft in a common capacity : but ^^j' Clem* ens Romanus fays, they that were by the Apojlles confituted Bijhops and Deacons in fever al Citys and Regions, were conflituted over thofe that jhould after believe, there were oft fo few at the prefnt. And then, as fafi as an] did com into the Faith, they readily fubmitted themfelves to thofe by and under ivhom they did com in, and were not at all troubled (honcfl; men) with the con- fultation or deliberation about the way of electing their Teachers and Guides. C O iVI away,to leave the Scripture a while, and follow C l e m e n s 5 be it fo for difcourfe fake, that in thofe days there was no where any fuch thing as a great Multitude believing, much lefs whole States or^ C C C Common- 2y8 1^1^^ Trerogative Book II. Cowmomvealths at once converted^ wherby tliey might ftill a,^ in a cont' ^^.r\r"\^mon capacity, but only fom privat or gather'd Congregations or Church- es ; and that in fuch it was the Apollles Paul and Barnabas chirotoniz'd : yet thefe, as they were found, or as afterwards they came to be made, rauft of neceftity have bin Corporations ; for what can a number of Men coming into a Society regulated by certain Laws, Conftitutions, or Form, be but a Corporation? Som Ecclefiaftica! Policy or Difciplin they muft have had ; and that probably, feeing the greateft Legiflators, even Moses himfelf, have written after Copys, according to fom Pattern : what was this Pattern,and whence came it ? §. 125. WHY, fays he, not from their Heathen Cufioms, but from the Me- tropolU ; for it muft he remember'' d^ that rvherfoever the Gofpel jvas preach^d^ it came originally from Jerufalem ; and then, as Agkipv a /»Philo §• '35- fajs of that City, it was the Metropolis, not only t^/ Judea, but many other Regions^ hecaufe of the Colonys thence fent into ^gypt, Phenice, and both the Syria's ; nay, to Pamphylia, Cilicia, and a great part of * i\fia, as far as ^\X.hym2i and Vonim. So in reafbn the Churches in Jjy- ftra, Iconium, and Antioch, where Vaul and Barnabas ordain'd Elders, were to follow the pattern a,t Jerufalem ; and there, we know, it was not by the Suffrage of the People, that an Elder was ajfum''d into the Sanhedrim, hut the Prince or Head of the Sanhedrim receiv'd him in by Impofition of Hands. It will he much more reafonable to deduce the cir- cumjlances of ordaining Elders from the Cufioms familiar to them that preach'' d the Faith to them, than from the former ufages of them to whom it was preach''d^ who were not to difpute, hut to believe, and receive the Injlitutions as well as Do^rins which were brought them. THESE, methinks, are ftrange Arguments : The Gofpel came to us from Row?, is Rome therfore the Metropolis of England? It is true A G R I p p a being a Jew, and writing to Caligula in the be- phiio dc lega- half of the jfeivj, not of the Chriftians, tells him, That Jerufalem is tioneadCai- the Metropolis of the Jews, and of all their Colonys ; ibis London oixh^ Englijh, and of all their Colonys : but dos it follow from hence that either Jerufalem or London is the Metropolis of Chriflcndom ? But the Jews had many Colonys in Afia ; and therfore the Churches of Lyftra, Iconium, and Antioch were to follow the pattern at Jerufalem. The jfetvj indeed had Synagogs in Iconium and Ly/lra, as the French have Churches in £;zg/^;?^ • but is this a good argument, The French have Churches in £;^^//!:W, therfore the £;?g////; are to follow the Orders of the £rc;«c/; Church ? The Jews withitood the Gofpel zt Iconium; for, Afts 14. 4. fays the Text, the Multitude of the City was divided, and part held with the Jews, and part with the Apoflles : therfore the believing Iconians mull have acknowleg'd Jerufalem to be their Metropolis, and were to follow the pattern of that City : And what was that ? Why r/;«-e we know it was not by the Suffrages of the People that an Elder was affurn'd into the Sanhedrim, hut the Prince or Head of the Sanhedrim receiv''d him in by Impofition of Hands. The Government of the Iconians was Popular, that of the Jews was Ariftocratical ; therfore the Iconians receiving the Chrilfian Faith, were bound to chsnge their Democracy into Ariliocracy. The Apoltles, to comply with an Oligarchy, had alter'd that Ordination, which originally (as at the Eleftion of M a t- thias) was popular, to Ariftocracy ; therfore being now to plane the Gofpel in a free State, they might not alter it from Ariftocracy to Democracy : To pleafe the Jews they might change for the worfe ; ^ therfore of Pofular Governfhent, 3^9 therfore to pleafe the JconiaKs they might not change for the better, Chap. 5; but muft tell the People plainly, That they were not to difptite, but to be-^ *-^*\/"*«>J lieve, and receive the Inflitutions as rvell as Doclrins that were brought them from the Metropolis. How would this found to a People that underftood themfelves ? . Sic i/olo, ftc jubeo^ fiat pro ratiohe voluntas. THE right temper of a Metropolitan, to whom Popular Power is a Heathen Cuftom, and with whom nothing will agree but Prince- ing of it in the Senat : But with the Apoftles it was otherwife, who making no words of the Chirothefa where it was needlefs, were glad of this occafion to chirotonize, or eleft thern Elders in every Congre- gation by Popular Suffrage. But this, they will fay, is not to com oft" from the haunt, but to run ftill upon the People in a common or public capacity. Tho the Scripture fpeaks of great Multitudes believing, believe it there is no fuch thing : Clemens fays they were very kw^ their JJfemblys privat, and very fcantj things. As privat as they were; by the judgment of Divines they were, it feems, to receive from their Pattern (if that were the Sanhedrim) a Form that was public e- nough ; and why might not they have receiv'd this from that public Form wherto they were accuftom'd, rather than from a foren Policy, and one contrary to their Cuftoms ? why fhould they fulfer fuch Power in new and privat, as they would not indure in their old and public Magiflrats ? Or, if they receiv'd the Scriptures, why fhould they chule that Ordination which would fit them worfb, rather than that which would fit them beft ? that of Timothy rather than that of Matthias? Or, let their Aflemblys have bin never fo privat or fcanty, yet if the Apoftles chirotoniz^'d them Elders in every Congregation, is it not demonftrable that they did receive that of M a t t h i a s, and not that of Timothy? THUS much for the Propagation of the pure, or firft kind of Ec- clefiaftical Policy to the Citys ot Lycaonia. '\ he mix'd or fecond kind into which (the Chriftian Presbytery delighting to follow the rteps of the Jeivijh) the former might foon degenerat, continu'd in the primi- tive Church, to fpeak with the leaft ( for Wa l l e u s brings it down to Charles the Great) three hundred years after Christ: which AfTertion in Mr. Hobs, prov'd put of A m m i a n u s M a r- cELLiNus, Dr. Hammond has either willingly overfeen, or in- cludes in thisAnfwcr, it is moji vifibly void of all appearance of Truth. §. i}3. Wherfore to the Quotation mention'd I fhall add the words of Pl a- tina: Dam ASUS the fecond, by Nation a Bavarian, ftrnarn'd B a g- • N I A R I U s, or asfom will P o p o, foffefs^d himfelf of the Papacy by force^ and without confent of the Clergy and of the People. Now what can be clearer than that by this place the Clergy and the People had hitherto a right to eledl the Pope? TheDoftor corns near the word of defiance to Mr. Hobs, in a matter of faft fo apparent to any judgment, that I need not add what gos before in the Life of Clement the fecond ; where the Emperor ingages the People of Rome not to meddle with the EleBion of the Pope without his exprefs Command : nor what follows after in L e o the Ninth, where the whole power of EleBion was now confer*d by the Emperor upon the Clergy. Again, Victor the Second, fays the fame Author, okain'd the Papacy rather by favor of the Em- peror, than by free Suffrages of the Clergy and the People of Rome, who apprehended the power of the Emperor., whofe difpleafure they had fomtime incurr'*d by creating Popes. So then the People, it is clear, had hitherto Cgc 2 created ogo The Prerogative Book II. created the Popes. The power of Eleflion thus in tlie whole Clergy u;?="V'^b^came afterwards, as at this day, to be reftrain'd to the Cardinals only ; and fo to devolve into the third kind of Ordination exaftly correfpon- dent to the Sanhedrim, and their Chirothefia, as it was exercis'd among the converted j^eu'^, whenTiMOTHY wasordain'd by the Ujmgon of the Hands of the Presbytery. NOW this is that with which, of all others, Divines arefoin- amor'd, that they will not indure it fliould be faid there is any other : It is alfo propitious above all the reft to Monarchy, as that which ac- cording to the inherent nature or impotence of Oligarchy, muft have a Prince at home or abroad to reft upon, or becom the inevitable Prey of the People. Herein lys the Arcanum or Secret of that Antipathy which is between a Clergy and a Popular Government, and of that Sympathy which is between the Miter and the Crown. A Prince re- ceiving a Clergy with the Monopoly of their Chirothejia, has no more to do than to make a Metropolitan, by whom he governs them, and by them the People, efpecially if he indows them with good Reve- nues ; for fo they becom an Eftate of his Realm, and a more fteddy Pillar of his Throne than his Nobility themfelves, who as their depen- dence is not fo ftrong, are of a more ftirring nature. This is the Gothic Model, from whence we had our Pattern, and in which No Bijhopy noting. THUS for the dignity of Ecclefiaftical Policy s, whether in Scrip- ture or Human Prudence, Popular Government you fee is naturally in- clin'd to the very beft, and the fpiritual Ariftocracy to the very worft. It is alfo remarkable that the Political Balance extends it felf to the decifion of the queftion about Ordination : For as a People never of- fer'd to difpute with a well-balanc'd Clergy, fo a Clergy difmounted never gain'd any thing by difputing with the People. As to the que- ftion of Empire or Government (I propheti difarmati Rovivano) the Apoftles became all things to all. His own words T HV S beyond allmeafure improfperom are this Divine's Vndertakings to Mr. Hobs, ggainft Mr. H o b s,^ and thQVndertakings of Divines upon this Sabje^, Advertifment to the Reader^ or Direction to the Anfwerer. T^H E Anfwer of this Book muft ly in proving that the Apoftles at the fe- veral times and places mentionM, introduced but one way of Ordination, and that the fame to which Divines now pretend : or if the Apoftles divided, that is to fay, introducM divers ways of Ordination, then the People or Ma- giftrat may chufe. I HAVE taken the more leifure and pains to ftate, I think, all the Cafes of Controverfy that can arife out of the Commonwealth o( Oceana, as you have feen in thefe two Books, to the end I may be no more oblig'd to write, and yet not omit writing on any occafion that (hall be ofFer'd ; for if my Principles be over- thrown (which when I fee, I (hall moft ingenuoufly confefs with thanks to the Au- thor j fuchanacknowlegement will ly in a little room ; and this failing, I amde- ceiv'd ifl fliall not now be able to (hew any Writer againft me that his Anfwer is none, within the compafs of three or four Iheets. THIS alfo will be the fitteft way for Boys-play, with which I am fure enough to be entertain'd by the quibling llniverfity men ; I mean a certain bufy Gang of 'em, who having publicly vanted that they would bring 40 examples againft the Balance,and fince laid their Caps together about it,bave not produc'd one. Thefe vants of theirs offering prejudice to truth and good Principles, were the caufe why they were indeed prefs'd to fhew fom of their skill i not that t hey were thought fit Judges of thefe things, but firft that they had declared themfelves fo, and next that they may know they are'not. of Poplar Government. 581 An Anfwer to three Objedions againfl Popular Go- vernment, that latere given me after thefe two Bool^ were printed. Mo N A R C HI C AL Government is more niturd^ becaufe tvefee ^^)^^' i» even in Commonwedths that they have recourfe to this^ as La-, cedemon in her Kjngs j Rome both in her Confuls and DittA" tors ; anii Venice in her Dukes. GOVERNMENT, whether Popular or Monarchical, is e- M^^ri qualJy artificial ; wherfore to know which is more natural, we muft confider what piece of Art corns neareft to Nature : as for example, whether a Ship or a Houfe be the more natural ; and then it will be eafy to refolve that a Ship is the more natural at Sea, and a Houfe at Land. In like manner where one man or a few men are the Landlords, a Monarchy muft doubtlefs be the more natural ; and where the whole People are the Landlords, a Commonwealth : for how can we under- ftand that it fhould be natural to a People, that can live of themfelves, . to give away the means of their livelihood to one or a few men that they may ferve or obey ? Each Government is equally artificial in effedt, or in it felf ; and equally natural in the caufe, or the matter upon which it is founded. A COMMONWEALTH confifts of the Senat propofing, the People refolving, and the Magiftracy executing ; fo the Power of the Magiftrats ( whether Kings as in Lacedemon^ Confuls as in Rome^ or Dukes as in Venice^ is but barely executive : but to a Monarch be- longs both the Refulc, and Execution too ; wherfore that there have bin Dukes, Confuls, or Kings in Commonwealths (which were quite of another nature) is no Argument that Monarchical Govern- ment is for this caufe the more natural. AND if a man fhall inftance in a mix'd Government, as King and Parlament ; to fay, that the King in this was more natural than the Parlament, muft be a ftrange Affirmation. TO argue from the /low4» Diftator ( an Imperfeftion which ruin'd that Commonwealth, and was not to be found in any other ) that all Commonwealths have had the like recourfe in exigences to the like remedy, is quite contrary to the univerfal Teftimony of Prudence or Story. A M A N who confiders that the Commonwealth of Venice has flood one thoufand years (which never any Monarchy did ) and yet fhall affirm that Monarchical Government is more natural than Popur lar, muft^ffirm that a thing which is lefs natural may be more dura- ble and permanent than a thing that is more natural. WHETHER is a Government of Laws Icfs natural than a Go- vernment of Men ? or is it more natural to a Prince to govern by Laws or by Will ? Compare the Violences and bloody Rapes perpe- tually made upon the Crown, or Royal Dignity in the Monarchys of the Hebrews and the Romans, with the State of the Government under 582 T^h^ Prerogative, &c. under either Commonwealth, and tell me which was lefs violent, ot wliether that which is more violent muft thcrfore be morenaturaJ. objcft. 2. THE Government of Heaven is a Monarchy, fo is the Government of Hel Anfmr. I N this, fays Macchiavel, Princes lofe themfelves and their Empire, that they neither know how to be perfect ly good, nor intirely wicked. He might as well have faid, that a Prince is always fubjeft to Error ^ and Mifgovernment, becaufe he is a Man, and not a God, nor a Devik' A Shepherd to his Flock, a Plowman to his Team, is a better Na- ture ; and fo not only an abfolute Prince, but as it were a God. The Government of a better or of a fuperior Nature, is to a worfe or in- ferior as the Government of God. The Creator is another and a better Nature than the Creature ; the Government in Heaven is of the Crea- tor over his Creatures, that have their whole dependence upon him, and fubfiftence in him. Where the Prince or the Few have the whole I^nds, there is fomwhat of dependence refembling this ; fo the Go- vernment there muft of neceffity be Monarchical or Ariftocratical : But where the People have no fuch dependence, the caufes of that Government which is in Heaven are not in Earth ; for neither is the Prince a diftinft or better Nature than the People, nor have they their fubfiftence by him, and therfore there can be no fuch efteft. If a Man were good as God, there is no queftion but he would be not only a Prince but a God ; would govern by Love, and be not only obey'd but worfliip'd : or if he were ill as the Devil, and had as much power to do mifchief, he would be dreaded as much, and fo govern by Fear. To which latter, the Nature of man has fo much nearer approaches, that tho we never faw upon Earth a Monarchy like that of Heaven, yet it is certain the perfeftion of the Turkijh Policy lys in this, that it coms neareft to that of Hell. objeft. 5- GOD injlituted a Monarchy^ namely in M e l c H i z E D E C, before he injlituted a Commonwealth. Anfwer. IF Melchizedec was a King, fo was Abraham too; tho one that paid him Tithes, or was his Subjeft: for Abraham made War, or had the power of the Sword, as the reft of the Fa- thers of Familys he fought againft. So if C a n a a n was a Mo- narchy in thofe days, it was fuch a one as Germany is in thcfe ; where the Princes alfo have as much the right of the Sword as the Emperor, which coms rather (as has bin fhewn already ) to a Commonwealth. But whether it were a Monarchy or a Commonwealth, we may fee by the prefent ftate of Germany that it was of no very good Example ; ror was Melchizedec otherwife made a King by God than the Emperor, that is, as an Ordinance of Man. THE THE A R T O F LAWGIVING: In Three BOOKS. The Firft, fliewing the Foundations and Super-- {lru(!tures of all kinds of Government. The Second, fliewing the Frames of the Com- monwealths of Ijrael^ and of the Jews, The Third, fliewing a Model fitted to the prefent State, or Balance of this Nation. The Order of the Work. The Firfl: Book. TH E Preface, conjidering the PrmcipleSj or Nature of Family Go- vernments. CHAP. I.- Confideri/igthe Prificiples, or Balance of National Govern- ments ; with the different kinds of the fame. CHAP. 11. Shewing the 'variation of the Englifh Balance. CHAP. III. Of the fixation of the Balance^ or of Agrarian Laws. CHAP. IV. Shewing the Superfiruciures of Governments. THE Conclufion, ohftrving that the Principles of Human Prudence being good without proof out of Scripture ^ are neverthelefs fuch as are provable out of Scripture. The Second Book. THE Preface, fijewing' that there were Commonrvealths before that of Ifrael. CHAP. I. Shewing that Ifrael was a Commonwealth. CHAP. II. Shewing what Commonwealth Ifrael was. CHAP. III. Shewing the Anarchy^ or fiate of the Ifi:aelits under their fudges. CHAP IV. Shewing the fate of the Ifraelits under their Kjngs to the Captivity. CHAP. V. Shewing the ftate of the Jews in Captivity^ and after their return from Captivity ; or the frame of the Jewilh Comtnonwealth : and in that the Original of Ordination. CHAP. VI. Shewing how Ordination was brought into the Chriflian Church, and the divers ways of the fame at divers times in ufe with the Jpofiles. THE Conclufion, Shelving that neither God, nor Chrift, or the Jpofiles ever infiituted any Government Ecclefiafiical or Civil, upon any other Principles than thofe only of Human Prudence. The Third Book. TH E Preface, Containing a Model of Popular Government, pro- pos''d notionally. CHAP. I. Containing the Civil part of the Model, proposed praBicably, CHAP. II. Containing the Religtous part of the Model, proposed pracfi- cably. CHAP. III. Containing the Military part of the Model, proposed pra^i- cably. CHAP. IV. Containing the Provincial part of the Model, propos''d pra^licably. THE Conclufion, Shewing how the Model may be prov'^d or examind ; and giving a brief Anfwer to Mr. W r E N ' J lafi Book, intitufd. Monarchy alTertcd, &c. $8: FI RST^BOOK' SHEWING THE FOUNDATIONS AND SUPERSTRUCTURES Of all kinds of GOVERNMENT- If this Age fails me, the next mil do me fuflice. The PREFACE, Confidering the Principles or Nature of Family Government. DIVINES, and the likeftudious Jjfertors of Monarchy, have not laid their Principles fo fairly, while they have conceal'' d one part from the right of Paternity, or from the Government of Familys, which inaj be of two kinds ; tvheras they have taken notice but of one : For Family Government may be as necejfarily Popular in fom cafes, as Monarchical in others. T jhetv now the nature of the Monarchical Family. Put the cafe a Monarchical man has one thoufand Pounds a year, or ther about s ; he marry s a JVife, ^""^ ^' has Children and Servants depending upon him (at his good will) in the di- fxribution of his F^ ate for their livelihood. Suppofe then that this Efiate corns to be (pent or lofi., where is the Monarchy of this Family ? But if the Majler was no otherwife Monarchical than by virtue of his Fftate, then the foundation or balance of his Empire con fifed in the thoufand founds a year. T HA T from thefe principles there may alfo be a Popula/ Family, is ap- Popular Fa- Parent: For fuppofe fix or ten, having each thrte hundred pounds a yearf^^^' or fo, fha/l agree to dwell together as one Family ; can any one of thefe pretend to be Lord and Majler of the fame, or to dtfpofe of the Eft ate s of all the rejl ? Or do they not agree together upon juch Orders, to which they corfent ec^uall'i to fubmit ? But if fo, then certainly muft the Government of this D d d Family 386 The Preface. Boole I. Family be a Government of L.ms or Orders^ and not the Government cf i- (he Popular Family doing no more, it may in this fenfe he indiffe- Govmiment ^^^^^^ ^^-^^ j-^^^^ ^// £^,,,^ ^^^ ^^^^ y^ j^j^^j^ ^ut it is plain that where the Law is made by one Man, there it may be unmade by one man ; fo that the Man is not governed by the Law, but the Larv by the Man ; which d- niounts to the Government of the Man, and not of the Larv : JVheras the Larv bein" not to be made but by the Many, no man is govern'' d by another man, but by that only nhich is the common inter ejl ; by which means this a- mounts to a Government of Laws, and not of Men. The facility T HA T the Politics may not be thought an annecejfary or difficult Art, tliac is in crue jC fjjgj-g pyjfjciples be lefs than obvious and undeniable, even to any Woman I'chcic:. ^^^^ knows what belongs to houjekeeping, Jconfefs I have no more to fay. But in cafe what has bin faidbe to all jbrts and capacitjs evident, it is mofl humbly fubmitted to Princes and Parlaments, whether, without violence or removing of Property^ they can make a Popular Family of the Monar- chical, or a Monarchical Family of the Popular ? Or, whether that be practicable or poffihle in a Nation, upon the like balance or foundation in Pro- perty, which is not in a Family ? A Family being but a fm.nlter Society or Nation, and a Nation but a greater Society or Family. ■ The difference. T HAT which is ufually anfwer'^d to this point, is^ That the fix or ten, between a So- fjjf/s agreing to make one Family, mujl have fom Steward ; and to make ^T^^MaH-'" fi"-^ ^ Steward in a Nation, is to make a KJng. But this is to imagin ilrat, tholii- that the Steward of a Family is not anfwerable to the Mafiers of it, or to pieme. ^/,g;-,^ ^-^on whofe Eflates (and not upon his own) he defrays the whole Charge : tor other wife this Stewardjjjip cannot amount to Dominion, but mufl com only to the true nature of Magijlracy, and indeed of annual Ma- gijhacy in a Commonwealth ; feeing that fuch Accounts in the years end^ at farthejl, ufe to be calculated, and that the Steward, Body and Eft ate, is anfwerable for the fame to the Proprietors or Maflers ; n>ho alfo have the undoubted right of conjlituting fuch another Steward or Stewards fis to them fjall feem good, or of prolonging the Office of the fame. where the art , N kV, where a Nation is caji, by the unfeen ways of Providence, into of Lawgiving a diforder of Government, the duty of fuch particularly as are eleBed by the ]i ncccfTar}'. pgop/g^ jj „Qp y^ much to regard what has bin, as to provide for the fu- preme Law, or for the fafety of the People, which confjis in the true Art of Lawgiving. The arc oi" 'THE Art of Lawgiving is of two kinds; the one (as I may fay) Lawgiving is falfe, the Other true. The frfl conf.fls in the reduction of the Balance to ^'i^'-o^-^a^i. jiryttrary Super ftri0ures ; which requires violence, as being contrary to Nature : The other in ereBing necejfary SuperfiruBures, that is, fuch as are conformable to the Balance or Foundation ; which, being purely natural^ requires that all interpoftion of Force be remov'd. CHAP. The Art of Lan^giving, CHAP. I. Confldering the Prmc'i^les or IBalance of Kutional Goyernments • with the dijfermt kinds of the fame. THE Heave», fays Da vi d, eve ft the Heavens are the Lords ; Pfal. 1 1 j. itf. but the Earth hds he given to the Children of Men : Yet fays ^'•'^ '^"^'""^ «/ God to the Father of thefe Children, In the fweat of thy Face ^^2"'^' Jhalt thou eat thy Bread. Dn laborantibm fuarnunera vendunt. This '^'^^' Donation of the Earth to Man corns to a kind of felling it for IN- DUSTRY, a Treafure which feems to purchafe of God himfelf. From the ditferent kinds and fucceffes of this Induftry, whether in Arms, or in other Exercifes of the Mind or Body, derives the natural equity of Dominion or Property ; and from the legal eftablifhment or dirtribution of this Property (be it more or Icfs approaching towards the natural equity of the fame) procedes all Government. THE diifribution of Property, fo far as it regards the nature or The balance cf procreation of Government, lys in the overbalance of the fame : ^'"^''■"'"'■/'A Juft as a man, who has two thoufand pounds a year, may have a Re-'" "^"^^' tiiiue, and ccnfequently a Strength, that is three times greater than his who injoys but five hundred pounds a year. Not to fpeak at this time of Mony, which in fmall Territorys may be of a like effeft ; but to infirt upon the main, which is Property in Land, the overbalance of this, as it was at firft conllituted, or coms infenfibly to be chang'd in a Nation, may be efpecially of three kinds j that is, in One, in the Few, or in the Many. THE overbalance of Land, three to one or therabouts, in on& The generation Man againft the whole People, creates Abfolute Monarchy ; as when %^^J^^I^'^ Joseph had purchas'd all the Lands of the ALgjftians for P ha-' RACK. The Conftitution of a People in this and fuch cafes, is ca- pable of intire fervitude. Buy hs and our Land for Bread^ and. rve andGcu.^7.19. our Land will be Servants to Pharaoh. THE overbalance of Land to the fame proportion, in the Few z- The generation gainfi: the whole People, creates Ariftocracy, or Regulated Monarchy, j[^^^^^"^'^^'' as of late in £»g/^«^ : And hereupon fays Samuel to the People j Sim. 8* of Ifiael, when they would have a King, He rvill take jour Fields^ even thebejiof than, and give them to his Servants. The conftitution of a People in this and the like cafes, is * neither capable of intire Liberty, nor of intire Servitude. THE overbalance of Land to the fame proportion in the People, Ue generation or where neither one nor the few overbalance the whole People, creates °^j^'^"'^'' '^°' Popular Government ; as in the divifion of the Land of Canaan to the whole People of Ifrael by lot. The conflitution of a People in this and the like cafes, is capable of intire Freedom, nay, not capable of a- ny other fectlement ; it being certain, that if a Monarch, or fingle Perfon in fuch a State, thro the corruption or improvidence of their Counfils, might carry it ; yet by the irrefiftible ibrce of Nature, or the reafon alleg'd by M s e s (I am not able to bear all this People a- Numb. 1 1. 14, * Nee tonm libertatera nee toum fervicutem pari poffunc. Tadt. D d d 2 Alone^ 388 Book r, Of the Militia, ami oj the A"f- gative i'oite. The Art of Lawgiving, JUrfg. 2C ht'.^ivfcil Go- u-i nmcnt. Tyyamy, Oligarchy, Anxrchy. The Divine right of Govern- ment. Y.oi. 8. 4. Jcr.:7.d,i7. lone, becaufe it is too heavy forme) he could not keep it ; but out of the deep Waters would cry to them, whofe feet he had fluck in the mire. WHEREVER the balance of a Government lys, there natu- rally is the Mihtia of the fame ; and againfl: him or them wherin the Militia is naturally lodg'd, there can be no negative Vote. I F a Prince holds the overbalance, as in Turky^ in him is the Mi- litia, as the Janizarys and Timariots. If a Nobility has the over- balance, the Militia is in them, as among uswasfeen in the Barons Wars, and thofe of Tork and Lancajler ; and in France is {Q^n^ when any confiderable part of that Nobility rebelling, they are not to be reduc'd, but by the major part of their Order adhering to the King. I F the People has the overbalance, which they had in Ifrael^ the Militia is in them ; as in the four hundred thoufand firll decreing, and tlien waging War againfl: Benjamin: Where it may be inquir'd, what Power there was on earth having a Negative Voice to this Ai- fembly ? This always holds where there is Settlement, or where a Government is natural. Where there is no Settlement, or where the Government is unnatural, it procedes from one of thefe twocaufes; either an imperfeftion in the Balance, or elfe fuch a corruption in the Lawgivers, wherby a Government is inftituted contrary to the Balance. IMPERFECTIONS of the Balance, that is, where it is not good or down weight, caufe imperfeft Governments ; as thofe of the Roman and of the Florentin People, and thofe of the Hebrew Kings and Roman Emperors, beingeach exceding bloody, or at leaft turbulent. GOVERNMENT againfl; the balance in One, is Tyranny, as that of the Athenian Pisistratus: in the Few it is Oligarchy, as that of the Roman Decemvirs; in the Many Anarchy, as that under the Neapolitan M a z i n e l l o. WHEREVER, thro Caufes unforefeen by Human Providence, the Balance corns to be intirely chang'd, it is the more immediatly to be attributed to Divine Providence : And fince God cannot will the necef- fary caufe, but he muft alfo will the neceffary efteft or confequence, what Government foever is in the neceffary direftion of the Balance, the fame is of Divine Right. Wherfore, tho of the Ifraelits God fays, They have fetup Kjngs, but not by me ; they have made Princes, and 1 knejv it not ; yet, to the fmall Countries adjoining to the Jffyrian Em- pire, he fays. Now have I given all thefe Lands into the hand of the Kjng of Bzhylon my Servant Serve the Kjng of Babylon, and live. CHAP. II. Shewing the Vay'tation of the Englifh balance. TH E Land in poffeflion of the Nobility and Clergy of England, till Henry jth, cannot be efteem'd to have overbaianc'd thofe held by the People lefs than four to one. Wheras in our days, the Clergy being deftroy'd, the Lands in pofTeffion of the People overbalance thofe held by the Nobility, at leafl-, nine in ten. In fhew- ing how this change came about, fom would have it that I aflume to my felf more than my fliare ; tho they do not find me delivering that which muft rely upon Authority, and not vouching my Authors. But Henry the Seventh being confciousof infirmity in his Title, yet * ■ finding The An of Lawgiving. ^§0 finding with what ftrength and vigor he was brought in by the Nobi- Chap. 2. lity, conceivM jealoufys of the like Power in cafe of a decay or change c.yv~\^ of Afteftions. Nondum orbis adoraverat Romam. Tlie Lords yet led Country lives, their Houfes were open to Retainei's, Men experienced in Military Afeirs, and capable of commanding; their Hofpitahty was the delight of their Tenants, who by their Tenures or Dependence were oblig'd to follow their Lords in Arms. So that, this being the Militia of the Nation, a few Noblemen difcontented could at any time levy a great Army ;. the eBed whcrof, both in the Barons Wars, and thofe of lork and Lamafier^ had bin well known to divers Kings. This flate of Affairs was that which inabl'd Henry tlie Seventh to , make his advantage of troublefom times, and the frequent unrulinefs of Retainers ; while, under the pretence of curbing Riots, he obtain'd the paffing of fuch Laws as did cutoff thefe Retainers, wherby the Nobility wholly lofl: their Officers. Then, wheras the dependence of the People upon their Lords was of a flrift ty or nature, he found means to loofen this alfo by Laws, which he obtain'd upon as fair a pretence, even that of Population. Thus Farms were fo brought to ^ verulam. h. 7. Jtandard, that the Houfes beiyjg kept wjC, each of them did of necefjity in- force a Dweller ; a»d the frofortion of Land laid to each Houfe, did of necefjity inforce that Dweller not to he a Begger or Cottager, but a man able to keep Serziants, and fet the Plow ongoing. By which means a great part of the Lands of this Nation came in ejfeii to be amortized to the hold oj the Teomanry, or middle People, wherof confifled the main body of the Militia, hereby incredibly advanced; and which henceforth, like cleaner underwood lefs ehoak''d by their Jladdles, began to grow exceding- ly. But the Nobility, who by the former Laws had loft their Offices, by this loft their Soldiery. Yet remain'd to them their Eftates, till the fame Prince introducing the Statutes for Alienations, thefe alfo be- came loofe ; and the Lords lefs taken (for the reafonsfliewn) with their Country lives, where their Trains were clip'd, by degrees be- came more refident at Court, where greater pomp and expence by the Statutes of Alienations began to plume them of their Eftates. 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 fucceding King were Abbys ( than which nothing more dwarfs a People) demolifh'd. I did nor, I do not attribute the elieds of thefe things thus far to my own parti- cular obfervation ; but always did, and do attribute a fenfe therof to the Reigri of Queen Elizabeth, and the Wifdom of her Council, There is yet living Teftimony, that the ruin of the Englify Monar- chy, thro the caufes mention'd, was frequently attributed to H e n r y the Seventh by Sir Henry Wotton; which Tradition is noc unlike to have defcended to him from the Queen's Council. But there is a difference between having the fenfe of a thing, and making a right life of that fenfe. Let a man read Plutarch in the Lives of Agis, and of the Gracchi, there can be no plainer demonifra- tion of the Lacedemonian or Roman Balance ; yet read his Difcourfe of Government in his Morals, and he has forgot it ; he makes no ufe, no mention at all of any fuch thing. Who could have bin plainer upon this point than Sir Wa lter Raleigh, where, to prove that the Kings of %>/>? were not eleftive but hereditary, he alleges that if the Kings The Art of Lawgiving, Kings of Egjl>t: liad bin eleftive, the Children of Pharaoh mujl have bin more mighty than the Kjng, as Landlords of all Egypt, and the worid'^p r**! ^^i> ^^'^'M ^^^^'^ Tenant ? Yet when he corns to fpeak of Govern- p. ICO.' "^ 'ment, he has no regard to, no remembrance of any fuch Principle. In Mr. Sel den's Titles of Honor, he has demonftrated the Eng- lijb Balance of the Peerage, without making any application of it, or indeed perceiving it there, or in times when the defeft of the fame came to give fo full a fenfe 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 fenfe of this Principle as in this prefent Narrative ; or in whom may be found a righter ufe of it than was made by any of the Partys tlms far concern'd in this flory, or by Queen Eliza- M,D,l.i.b.ic. BETH and her Council. If a Prince, fays a great Author, to reform a Government were obliged to depofe himfelf he mighty in neglecting of ity he capable of fom excttfe \ but reformation of Government being that with which a Vrincifdity may f: and, he deferves no excufe at all. It is not in- deed obferv'd by this Author that where by reafon of the declination of the Balance to Popularity, the State requires Reformation in the Superflruftures, there the Prince cannot rightly reform, unlefs from So- verain Power he defcends to a Principality in a Commonwealth : ne- verthelefs upon the like occafions this fails not to be found fo in Nature and Experience. The growth of the People of England^ fince the ruins mention'd of the Nobility and the Clergy, came in the Reign of Queen Elizabeth to more than flood with the intereft, or indeed the nature or poflibility of a well founded or durable Monar- chy ; as was prudently perceiv'd, but withal temporiz'd by her Council, who ( if the truth of her Government be rightly weigh'd ) feem rather to have put her upon the exercife of Principality in a Commonwealth, than of Soverain Power in a Monarchy. Certain it is, that file courted not her Nobility, nor gave her mind (as do Mo- narchs feated upon the like foundation ) to balance her great Men, or refleft upon their Power now inconfiderable ; but rul'd wholly, with an art fhe had to high perfeftion, by humoring and blefTing her People, For this mere fliadow of a Commonwealth is (lie yet famous, and fliall ever be fo ; tho had flie introduced the full perfeftlon of the Orders requifit to Popular Government, her fame had bin greater. Firfl-, She had eftablifh'd fuch a Principality to her SuccefTors, as they might have retain'd. Secondly, This Principality (the Common- Tk great cnun-'^^^^^^'^f as Rome of R o M u L u s, being born of fuch a Parent) might cii of Venice have retain'd tlie Royal Dignity and Revenue to the full, both im- '""■ 'w wP''°^'^ ^^^ difcharg'd of all Envy. I'hirdly, It had fav'd all the 7i'e Diike'7hc Blood and Confufion, which thro this negleft in her and her SuccelTors, s.na-Mi Dy- has fince infu'd. Fourthly, It had bequeath'd to the People a Light not "■'■''' fo naturally by them to be difcover'd, which is a great pity. For M.D. li.csj'ven as the Many^ thro the difference of opinions that muji needs 4- bound among them, are not apt to introduce a Government, as not under- Jianding the good of it : fo the Many, having by trial or experience once at- tain' d to this underjlanding, agree not to quit fuch a Government. And laftly, It had plac'd this Nation in that perfeft felicity, which, fo far as concerns mere Prudence, is in the power of human nature to injoy. 'i'o this Queen fucceded King James, who likewife regardlefs of this point ( into which neverthelefs he faw fo far as not feldom to ^ prophefy The Art of Lawgiving. J^i prophefy fad things to his SuccefTors) neither his new Peerage, which Chap. j. in abundance he created, nor the old avail'd him any thing againll: ^ that dread wherin, more freely than prudently, he difcover'd him- felf to ftand of Parlaments, as now mere Popular Councils, and run- ning to popularity of 'Government like a Bowl down a hill; not fo much, I may fay, of Malice prepens'd, as by natural infi:inft, wher- of the Petition of Right, well confider'd, is a fufficient Teftimony. All perfuafion of Court Eloquence, all patience for fuch, as but look'd that way, was now loft. There remain'd nothing to the deftruftion of a Monarchy, retaining but the name, more than a Prince who by contending fliould make the People to feel thofe advantages which they could not fee. And this happen'd in the next King, who, too fe- cure in that undoubted right wherby he was advanc'd to a Throne ■which had no foundation, dar'd to put this to an unfeafonable trial ; on whom therfore fell the Tower in Si/o, Nor may we think that they upon whom this Tower fell, were Sinners above all men ; but that we, unlefs we repent, and look better to the true foundations, muft likewife perifh. We have had latter Princes, latter Parlaments. In what have they excel'd, or where are they ? The Balance not confider'd, no effeftual work can be made as to fettlement; and confider'd, as it now ftands in England, requires to fettlement no lefs than the Superftruftures natural to Popular Government : and tlie Sq- perft:ruftures natural to Popular Government fequire no lefs than the higheft skill or art that is in Political Architefture. The fum of which Particulars amounts to this, That the fafety of the People of England is now plainly cafl: upon skill or fufficiency in Political Architefture : it is not enough therfore, that there are honeft men addifted to all the good ends of a Commonwealth, unlefs there be skill alfo in theforma- tdon of thofe proper means wherby fuch Ends may be attain'd. Which is a fad, but a true account ; this being in all experience, and in the judgment of all Politicians, that wherof the Many are incapable. And tho the meaneft Citizen, not informing the Commonwealth of what he knows, or conceives to concern its fafety, commits a hainous Crime againft God and his Country ; yet fuch is the temper of later times, that a man, having ofler'd any light in this particular, has fcap'd well enough, if he be defpis'd and not ruin'd. BUT to procede: if the Balance, or flate of Property in a Nation, be the efficient caufe of Government, and, the Balance being not fix'd, the Government (as by the preTent Narrative is evinc'd ) muft remain inconftant or floting ; then the procefs in the formation of a Government muft be firft by a fixation of the Balance, and next by erefting fuch Supcrftruftures as to the nature therof are neceffary. CHAP. III. Of Fixation of the 'Bdance, or of Agrarian Laws. FIXATION of the Balance of Property is not to be provided for but by Laws ; and the Laws, wherby fuch a Provifion is made, are commonly call'd Agrarian Laws. Now as Governments thro the divers Balance of Property, are of divers or contrary na- * tures. The Art of Lawgiving, tures, that is Monarchical or Popular ; fo are fuch Laws. Monarchy 'requires of the ftandard of Property, that it be vaft or great ; and of Jgrarian Laws, that they hinder recefs or diminution^ at leafb in fo much as is therby intail'd upon Honor : But Popular Government re- quires, that the ftandard be moderat, and that its Agrarian prevent accumulation. In a Territory not exceding England in Revenue, if the u „ ,► ?«- Balance be in more 'hands than three hundred, it is declining from &x'- rr Monarchy ; and if it be in fewer than five thoufand hands, it is withou.* fixati- fwerving from a Commonwealth : which as to this point rpay fuffice on may com into ^^ prefent. {crver. '■ It U It p The Supcr- ihidiures of Absolute Mo- rntrchy. Timariots. Eeglerbc£s. CHAP. IV. Shewing the Su^erjlruBures of Gol'cnvnents. THAT the Policy or Superftruftures of all abfolute Monarchs, more particularly of the Eaftern Empires, are not only contain'd, but meliorated in the Turbf/j Government, requires no far- ther proof than to compare them : but becaufe fuch a work would not ly in a fmajl compafs, it fhall fuffice for this time to fay, that fuch Superftruftiires of Government as are natural to an abfolute Prince, or the fole Landlord of a large Territory, require for the firft ftory of the Building, that, what Demeans he fhall think fit to re- ferve being fet apart, the reft be divided into Horfe quarters or Mili- tary Farms, for life or at will, and not other wife : And that every Tenant for every hundred pounds a year fo held, be, by condition of his Tenure, oblig'd to attend his Soverain Lord in Perfon, in Arms, and at his proper coft and charges, with one Horfe, fo often, and fo long as he fhall be commanded upon fervice. Thefe among the Turks are call'd Timariots. THE fecond Story requires, that thefe Horfe quarters, or Mili- tary Farms, be divided by convenient Precinfts or Proportions into diftinft Provinces ; and that each Province have one Governor or Commander in chief of the fame, at the will and pleafure of his Grand Signior, or for three years and no longer. Such among the Turks ( unlefs by additional honors they be call'd BajhaivsovVtz.iers') are the Beglerbegs. and FOR tlie third Story, there muft of neceffity be a Mercenary Army conlifting both of Horfe and Foot, for the Guard of the Prince's Perfon, and for the Guard of his Empire; by keeping the Governors of Provinces fo divided, that they be not fuffer'd to lay their arms or heads together, or to hold correfpondence or intelligence with one another. Which Mercenary Army ought not to be conftituted of fuch as have already contraded fom other intereft ; but to confift of Men fo educated from their very childhood, as not to know that they have any other Parent, or native Country, than the Prince and his Empire. Such among the Turks are the Foot call'd Janizarys^ and the Horfe call'd Spahys. TbcUv^ri nn.i THE Prince accommodated with a Privy Council, confifting of the Grand si^- j\ieh as have bin Governors of Provinces, is the Topflone : This Coun- "'^'^' cil among the Turks is call'd the Divan, and this Prince the Grand Sigfiior. * THE Janizary s ?pahys. T^he Art of Larvgiving, 59^ THE Superftructures proper to a regulated Monarchy, or to the Chap. 4, Government of a Prince (three or four hundred of whole NobiJity, rhfsX-^y'^ or of whofe Nobihty and Clergy hold three parts in four of the Tervi-jhu^wesof tory") muft either be by hisperfonal influence upon the Balance, or by ^'^"''"^^''^ ■ ^ ■^ r r^ J ■' ' Monarchy. Virtue or Orders. ^ .. I F a Prince, by eafing his Nobility of Taxes, and feeding them with fuch as are extorted from the People, can fo accommodat their Ambition and Avarice with great Offices and Commands, that a Party- rebelling, he can overbalance and reduce them by a greater part of their own Order, he may have greater Power and Jefs Security, as at pre- fent in Frame. THE faferwayof this Government is by Orders ; and the Orders proper to it fpecially confid of a Hereditary Senat of the Nobility, admitting alfo of the Clergy, and of a Reprefentative of the People made up of the Lords menial Servants, or fuch as by Tenure and for' Livelihood have immediat dependence upon them, as formerly in Eng- land. AN Ariftocracy, or State of Nobility, to exclude the People vmx^Nofucbthhgof govern by a King ; or to exclude a King, mufl: govern by the People .-^'"'^'l^'''^^'"^'''*-' Nor is there, without a Senat or mixture of Ariftocracy^ any Popular wocr^ic^"^^ ^' Government. Whence, tho for difcourfe fake Politicians fpeak of pure Ariftocracy, and pure Democracy, there is no fuch thing as either of thefe in Nature, Art, or Example. WHERE the People are not overbaianc'd by one Man^ or by the "^heSuperpuc- Few, they are not capable of any other Superfi;ru£l:ures of Govern- J^l^gJ^^^^f^""; ment, or of any other juft and quiet fettlement whatfoever, than of fuch only as confifiis of a Senat as their Counfillors,of themfelves or their Reprefentatives as Soverain Lords, and of a Magiflracy anfwerable to the People, asdiftributers and executioners of the Laws made by the People. And thus much is of abfolute neceflity to any or every Govern- ment, that is or can be properly call'd a Commonwealth, whether it be well or ill order'd. BUT the neceffary definition of a Commonwealth, any thing well Dcfimtm of a order'd, is. That it is a Government confiiiing of the Senat propofing,^^^""''^''''^ the People refolving, and the Magiftracy executing. wealth-' MAGISTRACY is a ftiie proper to the executive part : yet be- BifiMm of caufe in a Difcourfe of this kind it is hardly avoidable, but that fuch 2LS^^'*^fi^'"^y' areof the propofing or refolving AfTemblys, will be fomtimes compriz'd under this name or ftile, it lliall be enough for excufe to fay, that Ma- giflracy may be efteem'd of two kinds ; the one proper or Executive, the other improper or Legi dative. A SENAT may confift of a Hereditary Order, eleftive for life ^w^fx, w by it felf, or by fom Magiftrat or Magiftrats of the fame ; as the Se- **"'' ^""^■• nat of Rome confifled of the Patrician Order therinto eligible, firft by the Confuls, and then by the Cenfors. A Senat may confift of Sena- tors eleded by the People for life, as that of Lacedemon : It may con- fift of Senators eligible by the People for terms, without any vacation or intervaj, as the Senat of Venice ; or with intervals, as the Senat of. Athens, which alfo for another difference was elected by lot^ A P P U LA R AlTembly may confift of the whole People, as the PopuLtr Ajfem^ great Council o^ Venice (for the Venetians, tho calPd, in refpefl: of their *'>' •^'«'f*w SubjeQs, Nobility, are all that free People which is compriz'd in that^""^'' Commonwealth) or of a Reprefentative, as in Ifrael. Again, a Re- E e e prefentative go^ The Art of Laivgiving. Book I. prefcntative of the People may be for life, as in the particular Citys or v.x?=="V''%oSoveraintys oi HolUnd, improperly call'd Senats ; or it may be upon Rotation, that is to fay, by change^ or courfes, as that of Ifrael, and the prefent Reprefentative m England ; it may alfo be by lot, as the Roman Tribes call'd the Prerogative, and the Jurevocat^. Supreme Magi- XO fpeak of Magiflrats in a Commonwealth, and all their kinds, ^]f/sf"'^""^"''wevcto begin an endlefs difcourfe ; the prefent I fliall therfo re confine to fuch only as may be call'd Supreme Magiftrats. The Supreme Magiftracy 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^ whofe Funftion is Civil and not Military. In two Hereditarily ; as in the two Kings of Lacedemon, whofe Funftion was rather Military than Civil. In nine annually e- lective by the People ; as in the nine Princes or Archons of Athens. In two annually elefted by the People ; as the Roman Confuls, whofe Power was both Military and Civil. In a word, it may be in one or more, for life, or for terms and vacations, as fhall beft fute with the occafion. other dijfe- S O M Commonwcalths confifl: of diftinft Sovcraintys, as Switzer- '^^"'Zcluhl'"' ^'^"^ ^"'^ Holland ; others are collefted into one and the fame Sove- rainty, as moft of the reft. Again, fom Commonwealths have bin upon Rotation or Courfes in the Reprefentative only, as Jfrael : Others in the Magiftracy only, as Rome. Som in the Senat and in the Ma- giftracy, as Athens and Venice : Others in fom part of the Magiftracy, and in others not ; as Lacedemon in the Ephori, and not in the Kings ; and Venice not in the Duke, nov in the Procuratori, but in all the reft. Holland, except in the Eleftion of States Provincial (which is emer- gent) admits not of any rotation or courfes. There may be a Com- monwealth admitting of Rotation throout, as in the Senat, in the Reprefentative, and in the Magiftracy ; as that propos'd in Ocean*. Rotatim, or R O T A T I O N, if it be perfect, is equal eleftion by, and fuc- courfes. ceftion of the whole People to the Magiftracy by terms and vaca- tions. Popular £• E QU A L Elcftion may be by Lot, as that of the Senat of Athens ; kiikn. \yy Suffrage, as that oi Lacedemon ; or by Ballot, as that of Ke^/fe, which of all others is the moft equal. T}ie Ballot. THE Ballot, as it is us'd in Venice, confifts of a Lot ; whence pro- cedes the right of propofing, and of an unfeen way of fuffrage, or of refolving. The different FROM the wouderful variety of parts, and the difference of mix- oeniMof com-mj^Q ('hitherto fcarce touch'd by any) refult thofe admirable diffe- monwejitbs. ^.^^^^^^ ^^^^^ gj.g j^^ j-j^g Conftitution and Genius of Popular Govern- ments ; fom being for defence, fom for increafe ; fom more equal, ^others inequal ; fom turbulent and feditious, others, like foft ftreams, in a perpetual tranquillity. TL'cmfeise- '1" H A T which caufes innat Sedition in a Commonwealth, is Ine- mZe'tUb''"' quality ; as in Rome, where the Senat oppreft the People. But if a Commonwealth be perfeftly equal, it is void of Sedition, and has attain'd to perfefliion, as being void of all internal caufes of diifo- lution. DefiniiiMofan ^ ]sj equal Commonwealth is a Government founded upon a ba- '^feaJth."""""^' ^3"ce which is perfectly Popular, being well fix'd by a futable Agra- rian ; and which from the balance, thro the free fuffiage of the People * , given The Art of Laiv giving, ^qk given by the Ballot, amounts in the Superftruftures to a Senat debating Chap. 4. and propofing, a Reprefentative of the People refolving, and a Ma — ^\r\Lt giftracy executing : each of thefe three Orders being upon Courfes or Rotation; that is, elefted for certain terms, injoining like Intervals. SUCH Conftitutions in a Government as regard the Frame or ?'''•'? difference Modelof.it, arecall'd Orders; and fuch things as are enafted by thef^^'f^^^y ^""'^ Legiflative Orders, are call'd Laws. "" '' "^' T O undertake the binding of a Prince from invading Liberty, and yet not to introduce the whole Orders necelTary to Popular Government, is to undertake a flat conwadidion, or a plain impofli- bility. A PEOPLE or Aflembly not underftanding true Principles, give m^ard thn leaft credit to the befl: Orders, and fo com to caft themfelvcs upon pzy-^'"^.^f'f "/ ticular perfons : for where Orders are not credited, there Men muft bg^"""^^"' trufted ; and where Men are trufted, they find themfelvcs fo well in their power, that they are either for bringing in a Commonwealth by degrees, or more probably not at all. The defire of bringing in a Commonwealth by degrees, arifes from want of confidering that the whole of a Commonwealth, as to charge or trouble, is lefs than the half. He who has a Journy to go, dos not chufe to have but half a Bridle^ or but one Boot or Stirrup, tho thefe be fewer things, and corii but to half the charge; becaufe this would but neceflitat him to pro- cure more things, and perhaps more chargeable or dangerous. Optimus iUe animi vindex, Udentia, pe^m VificuU o[ui rupt, dedolmt(^ue femel. The Conclufion : OhferVing that the Principles of HununTrudence king good with- out proof of Scripture, are neyerthelefs ftich as are provable out of Scripture. WHO imagins that the Rtmans govern'd by proof out of Scrip- ture ? Yet fays Peter, Submit your felves to (Human Pru- 1 Pet.2. 13. dence, or) every Ordinance of Man ■■, which relates more particularly (o the Government of the Romans. The moft frequent comparifon of a Commonwealth is to a Ship ; but who imagins that a Ship ought not to be built according to the Art of the Shipwright, or govern'd accord^ ing to the Compafs, unlef. thefe be prov'd out of Scripture ? Never- thelefs, as hitherto I have prov'd the principles of Human Prudence in the feveral parts out of Holy Scripture; fo I undertake to vindicat them in the whole, as to the intire frame of Popular Government, in the infuing Book, by the fame Authority and undeniable Evidence. Eee 2 THE 396 Book II. u?"v^«sJ THE SECOND BOOK' Containing the COMMONWEALTHS O F T H E HEBREWS: Namely, ELOHIM, or the Commonwealth of Ifrael; AND CABALA, or the Commonwealth of the Jews* The PREFACE, Shewing that there were Commonwealths before that of Ifrad. H- 1 ' V MA N Prudence is originally a Creature of God^ and, mth reffeSf to its exigence, as antient as human Nature ; nor is it fo much younger in any of thofe Effects or Ends for which it was ordain'd by God, that tve fhouid think Ifrael to have bin thefrfi Commonwealth^ or the frjl Popular Government that ever was, or that was planted at leafl in Canaan ; for the like Governments^ in the Coun^ trys ther about, there were both before and at the fame time. It was in Canaan, that Melchisedec, Kjng and Priefi of Salem, had reign'' d during the time of A iVi A ham, who paid him Tithes of all that ritliis origi- he had. Now Tithes before Ifrael and the injtitution of the Levits, be' kg w'^Kinl". ^^"£'^ ^^^ ^0 ^^y fi^f of Clergy, hut to the Prince or State. Whence 1 Sam. 8. 1 5, S A M u E L in the defer iption of a Kjng, tells the People that he will take »7- the tenth of their Goods. Thw Abraham in paying Tithes to Mel- chisedec, acknorvle£d him for his Prince. Tet had Abraham iht Ccmmori- the right of the Sword, and made War with Kjngs, as thofe of Sodom, ;?otV ' at his own difcretion ', whence Canaan may feem to have bin a Commcn- j, the Heberits^ and the Melchielits. OF N A p H T A L I, the 'Jazrietits^ the Gunits^ the ^eferits^ and the OF Levi, the Gerfonits, the Caharits, and the Merarits. The heads of thefe were fuch as are call'd Patriarchs, Princes, heads of FamiJys, or chief of. the Fathers. FAMILYS, tho far lefs fubjeft than in other Governments to decay or increafe, might at divers times be different in i/r^ei ; as after Benjamin was deftroy'd, or after David had rais'd his own and many other : But thus were the Familys at this time fixty ; the Tribes being, as was fhewn before, thirteen. I N the firft inftitution of the Tribes of Rome, that is, Rammnfes, Titienfes, and the Luceri^ they were alfo genealogical, but long it held not fo ; genealogical divifions in a Commonwealth being for the moft part of greater danger than ufe : but whether Genealogys be ob- ferv'd or not, the local way of divifion is of abfolute neceffity. T O infert the Geography of the Ifraelitijh Tribes, would be as Seft, 6. burdenfom botli to the Reader and my felf^ as needlefs to either. ^/ ^*^ ^^' <^'^ But the manner how the Tribes became local, was thro the diftribu- f^f// ^ ^-^ ^^" tion of the Land of dnam by Lot, and intailjng the Lands fodillribut- ed upon the Proprietors and their Heirs for ever, without power of alienation, in any fuch manner as to deprive their Poflerity. The Lot or Ballot in Ifrael was fpecially of three ufes ; one for eledion of Magiftrats, another for the difcovery of fom fecret Malefaftor-, and a third for the divifion of Lands. To which three heads I hope to re- duce the whole Hiftory of their Government : and this work once perform'd, it will be eafy to reprefent the Commonwealth in its Po- litical method. TO begin with the eleftion of Magiftrats, it was perform'd fom- times by the Lot, without Suffrage ; and fomtimes by the Ballot, that is, by a mixture of Lot and Suffrage. For the clearer difcovery of the Order in Elcftions, I mull invert the Order of the Magiftrats eledled, and begin with the King ; then procede to the Judg, and com laft of all to the Sanhedrim, and the inferior Courts. THE Inftruments us'd upon thefe occafions, were firft Lots, fom Blanks and fom Prizes ; then Urns (that is. Pots) into which thefe Lots were caft, and out of which they were afterwardsdrawn, or given forth; by what Officers, or with what farther Solemnity, dos not ap- pear. WHEN the People would needs have a King, Samuel being Sed. 7. their Judg, did that, tho againft his will, which neverthelefs was no^fameiofeicH- more than his duty : that is, firft, hearken'd to the voice of the People ; ,"'3^^1.8.^22. or obey'd their Vote. Secondly, Call'd the People together to the Lord i Sam. io.'it. to Mizpeh. The political Aifembly, or Congregation of the People Fff2 of 404 The Art of Lawgiving. Book II. of Ifrael was call'd Ecclefta Dei, the Congregation of the Lord, as it ^--'*^''~^/"'^5»-' ought to have bin expreft in the Trial of Benjamin, and is judg. 20. j^ ^-^^ places by our I'ranflation ; as where an Eunuch ( or one '^"^■*^' unfit for marriage with a Daughter of Ijrael, which capacity was neceffary to the being inrol'd of a Tribe) a. Bajlard (as difhonorable) an Ammonite or Moabite (as defcended of perfidious Nations) jhall not enter into the Congregation of the Lord : that is, fhall not have right of fuffrage with the People of Ifrael. So S a m u e l, by calling For the Affem- the Congregation of the Lord, or the People together to the Lor din Mizpeh fc/) o/ffc con- (the place, before the taking of Jerujalem, where they always held f\l%d", te '^heir Parlament% or political Aflemblys) did the office of the like Ma- judg. 10. 17. giflrats in Commonwealths. The People being thus alTembl'd (for &11. n. to be brief, I muft procede with conjeftures, which at firll fight will 6c2i.\'. feem bolder than really they are) Samuel caufing the Urns to be iSim.7.6,i5.fet forth, pronounc'd the folemn form of words in ufe upon tlie like 1 Sam. 10. ij.occafion, which were thefe : Prefent your felves before the Lord by your Tribes, andbj your thoufands. The political AfTemblysof the Children yrda''«f^Foii- ^^ ^f'^^^ Were held, or gather'd (as we fay) with Drums beating, thai congn- and Colors flying ; and if it were an extraordinary Congregation, that gathns in II'- jj, a Congregation confifting of the whole People, as this, and rae , fee c ap. j. j^^^. ^^^ ^^-^^ ^^.-^j of B E N J A M I N, the Pfiuces of the Tribes with their Staves , and the Standards of the Camp ( in the order fliewn) led up the People to the Urns, or Ballot. Wherfore up- on thefe words of Samuel, the Princes march'd in their known difciplin to the Urns. The Urns were two : in the one were twelve Lots infcrib'd with the names of the twelve Tribes ; in the other were alfo twelve other Lots, wherof eleven were Blanks, and the twelfth infcrib'd with fom word. What the Jfraelitijh word was, dos not appear; the Roman word upon the like occafion was Prerogative: wherfore feeing that Which is loft mufl: have bin of a like nature, we may, for difcourfe fake, prefume it to have bin the fame in Ijrael V. 20. as in Rome. And when Samuel had caused all the Tribes of Ifrael to TheFrerogative lofff n^ar, the Tribe 0/ Benjamin was taken: That is, the name " '' of this Tribe being drawn out of the one Urn, to it was drawn the word Prerogative out of the other Urn ; which being don, the Urns were cliang'd, or at leaft the Lots, And wheras in th^ enumeration of the Patriarchs, I fhew'd by a catalog of their Names, that the whole Tribe of B e n j a m i n confifted offeven Familys ; feven names by that account fhould have bin caft into theone Urn, and as many Lots into the other ; one of them being infcrib'd with the word Prerogative,znd the 0- ther fix being Blanks. But both the names, and the number of Familys at this Ballot, are moft likely to have bin quite otherwife than in the Judg. 20. 2. Catalog; becaufe fince that time the Tribe of Benjamin had in the far greater part bin deftroy'd, and piecM up again out of a Rem- nant : lo for the number of the Familys, or the names of them,I can fay nothing. But the Urns being thus prepar'd, came Benjamin, as now the Prerogative Tribe, to the Urns by Familys. Jnd when S a- M u E L had cans' d the Tribe 0/ Benjamin to com near by their Fa- milys, the Family p/ Ma tri (which is a new one) woj taken : that is, lighting, in the manner fhewn, upon the Prize, became tlie Pre- rogative Family. This don, the Lots were again chang'd, and fo many others as there were Houdiolds in the Family of M a t r i (lor j..ni.7.i4,'6,foyou will find it in tl:e trial of Ach an) were caft into the Urns. ^■''^- * Thus The Art of Laii^giving. 405 Thus the Houfhold of K i sh coming to be the Prerogative Hon fliold, Chap, r- and fo many Lots as there were men of that Houfhold, being caft into v.^'V^^ the Urns, wherof the Prize was infcrib'd K,if^g, came the Houfhold of KiSH, man by man, and Saul theSonof Kish was taken. W E find it recorded by Livy, ofTARQUiNius Priscus, Sed. 8. and ofSERVius Tullius, that before either of them was King, ^^ yXnut« the one Iiad his hat taken off, and carry'd up by an Eagle ; the other 0/ Mapiiats in had a flame refling upon his forehead, by which it was firmly be- '"^'"""""'- liev'd, that each of thenrf was defign'd of the Gods to be King : ytt^evermdcrihod was this never fo. underffood by themfelves, or any other, as to ex-^c exclude the elude the right of popular Suffrage in tbeir Eledion, by whxcht" '^"^^1^^ "f ^ o r 1 D . . ■) J the People tn r R 1 s c us reign d ; or to create an opinion that any man ought to be ;/;?;> Eieihon. King of Rome, whom the People had hot firfl: commanded to reign over them, to whofe Eleftion therfore Servius, tho in polTeflion of the Throne, thought it his beft way to refer himfelf. Far be it from me to compare Prodigys among Heathens, to Miracles in the Church : But each People had of each a like opinion. Both IJrael and the Heathens began their popular AlTemblys with Sacrifice. In ^ order to the eleftion of Solomon, the Reprefentative of Ifyael iclmn. 29. facrific'd Sacrifices to the Lord even a thoufand. Bullocks, Athoujand 21,22. Rams, and a thoufand Lambs, with their Drink-offerings, and Sacrifices in Abundance, for all Ifrael, And when they had thus don, what Ma- giftrats foever the IfrAelits, or the Heathens elefted, they always un- derfbood to be elefted by God. The Lot is caft into the lap, but //;eProv. 10. 35: whole difpojing therof is of the Lord. And indeed, wheras in this man- ner they made Solomon King, and Z a d c to be Prieff , if we will hold otherwife, we muft think that neither the King nor the Priefi- v/as elected by God. A man that is elefted to fom great Office, by a King rightly qualify'd, muft have little Religion, or hold himfelf to be rais'd up by God. Why then fliould it be otherwife, when a Magiftrat is elefted by a People rightly qualify'd ? Or w^hat confe- quence is there in faying, that Sau.l was anointed by Samuel before he was elefted by the People, or that God rais'd them up Judges; therfore neither Saul nor the Judges were elefted by the People ? That God elefted the Kings in Ifrael, is certain ; and that the People no lefs for that didalfo eleft the Kings, is as certain. One from among thy Brethren JJjalt thou (that is, thou the People of //?-e» farts in a Book^ a/id came again to] o SUM K to the Hofi at Shiloh. And Joshua caji Lots for them in ShWoh, before the Lord: and there ]os n\xk divided the Land to the Children of l{i-a.i:\ according to their dtvifons. It were abfurd to think that this Lot determin'd ot proportions ; for fo a mean man might have com to be richer than the Prince of his Tribe : but the proportions allotted to Tribes being ftatcd, tho at firft but by guefs, and entred into the Lot Book of the Surveyors (wiio, fays Jos £ p h us, were moft expert in Geometry) the Princes came firft to the Urns, wherof the one contain'd the names of the Tribes that were to draw, the other the names of thofe parcels of Land that were to be drawn firft to a whole Tribe. Thus the name of a Tribe, for example B e n- .1 A M I N, 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 chofen in what one place he would take his ftated and agreed proportion, whether of fourteen thoufand Acres, or the like, the reft of the Country was fubdivided in the Lot Book, according to the num-> her of Familys in the Tribe of this Prince ; and the Parcels fubdivided being ca ft into the one Urn, the names of the Patriarchs into the other, the fame Tribe came again by Familys. Thus every Patriarch making choice in what one part of this Lot he would take his agreed propor- tion, whether of four tlioufand Acres, or the like ; the remainder was again fubdivided in the Lot Book, according to the number of names in his Family : if they were more than the parcel would lur- nifti at four Acres a man, then was that defeft amended by addition cut of the next parcel ; and if they were fewer, then the overplus was caft into the next parcel. By fuch 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, Nuni. 36. ?■ without removal. Neither fba/l the Inheritance remove from one Tribe to another Tribe ; but every one of the Tribes of the Children of Ifrael fjall keep himfelf to his own Inheritance. Se£V. 13. THE Tribes thus planted, or to have bin planted, were twelve. The Portion of The thirteenth, or that of Levi, came in the like manner to the Y'Z' 5 Lot, for their forty eight Citys with their Suburbs, and receiv'd them Num. is.'a'o.* accordingly ; ^ the Lot came forth for the Familys of the Koha- Dcur. 10. y. thits, and the reft. Thefe Ifrael ^^^'e to the Levits out of their In- Deuc. 18. 1, heritance: That is, thefe were fuch as the twelve Tribes, before the divifion, fet apart for the Levits^ with the Tithes, and the Offerings ; which, tho this Tribe had no other Lands, made their portion by far the beft. The Tribes being henceforth reckon'd by their locality, and' thefe forty eight Citys being fcatter'd throout the twelve Tribes, that of Levi was no more computed as a diftinft Tribe, but loft as it were the name, yet with advantage : for to their promifcuous abode they had the right of promifcuous marriage ; no more in this point Ezek.44. 22. being injoin'd any of them, than to take Maidens of the Seed of Kv^dy or at leaft the Widows of Pnejls. And as in the Tribes where they dwelt they had promifcuous Marriage, fo had they right of promif- cuous Eleftion ; that is, of eleding, and being defied, into all the Magiftracys and Offices of the Commonwealth : which they fo fre- quently injoy'd, that the Sanhedrim is fomtimes underftood by their names. The Art of LaiPgiving. a\ i names. If there arifes a matter too hard for thee in judgment, thou Jh ait Chap. 2. com to the Priejls the Levits. Between the Law, and tlie Religion of ^ •• "v-^ this Government, there was no difference ; whence all Ecclefiaitical ^^"'^' '^* ^* perfons were alfo Political perfons, of which the Levits were an intire Tribe, fet more peculiarly apart to God (the King of this Common- wealth) from all other cares, except that only of his Government. Thus M s E s did that with the fafety of Liberty in Ifrael, which Lycurgus could not do mLacedemon, but by condemning the Helots to perpetual Slavery : For wheras without thefe to be Tillers of the Ground, the Citizens of Lacedemon could not be at leifure for the Commonwealth ; the Children of Ifrael might imploy themfelves in their domeftic Affairs, as they requirM, with fafety ; while the Levits bore the burden of the Government ; or, in cafe either their privat Affairs permitted, or their Ambition promted, were equally capable of Magiftracy. O F the I.ex'/V/w/ Citys, three beyond, and three on this fide Jor^^;?, Seft. 14. weveCitjsof Refuge. If a man was flain, the next of kindred, by 9'^/ ''•^ ^^" the Laws of Ifrael, was the Avenger of Blood ; and to the Avenger of Num. 35. Blood it was lawful to flay him that flew his Kinfman, wherever he could find him, except only in a City of Refuge. For this caufe, if a man had flain another, he fled immediatly to one of thefe Sanftuarys ; whence neverthelefs, the Judges in the Gates, within whofe proper verge the Crime was committed, caus'd the Malefa£lor to be brought before them by a Guard, and judg'd between the Slayer and the A- venger of Blood. If that which we call Murder, or Manflaughter, was prov'd againfl: him by two Witneffes, he was put to death ; but if it was found, as we fay, Chancemedly, he was remanded with a Guard to the City of Refuge ; whence if, before the Death of the High Priefl-, he was found wandring, it was lawful, not only for the Avenger of Blood, but for any manelfe to flay him. The High Priefl: being dead, he return'd, not home only, but to his Inheritance alfo, with liberty and fafety. If a Priefl; had flain a man, his Refuge was the San6luary : whence neverthelefs he was taken by the San- hedrim ; and, if upon trial he was found guilty of wilful Murder, put to death. If a man corns frefumtuoUjlj upon his Neighbor to Jlay Exod. 21. 14, him with guile, thou fljalt take him from my Altar ^ that he may dj. INHERITANCES, being thus introduced by the Lot, were im- Sed. 1 5. movably intail'd on the Proprietors and theirHeirs for ever, by the infl:i- "^J"^'''- tutionof the Jubile,or the return of Lands,however fold or ingag'd,once in fifty years to tlie antient Proprietor, or his lawful Heir. Yet remain'd there two ways wherby Lots might be accumulated; the one by ca- fual Inheritance, the other by marriage with an Heirefs : as in the cafe ^^u^^ j_ of Z E I. o p H E D A D, Or ot his Daughters. N O W to bring the whole refult of thefe hiflorical parts, thus prov'd, Sed. 1 6. to the true Political Method or Form, the Commonwealth inftituted by Mo s E s was according to this Model. THE whole People oflfrael (thro a popular diflribution of the Land of ^^c Model of Canaan among themfehes hj lot, and the fixation offuch a popular Ba-^^'^^?^'f'i"' lance by their Agramn Law, or Jubile, int ailing the inheritance of each rael. Proprietor upon his Heirs for ever) was locally divided into twelve Tribes, Ggg 2 EVERt ^12 "the Art of Lairgiving^ Book II. EFERT Tribe had a double capacity, the one Military, the other J T R I BE, in its Military capacity, confijled of one Staff or Stan- dard of the Camp, under the leading of its dtftin^ and hereditary Prince, as Commander in chief; and of its Princes of Familys or chief Fathers as Captains of thoufands and Captains of hundreds. A TRIBE, in its Political capacity, rvas next and immediatly under the government of certain Judicatorys, ft ting in the Gates of its Citys ; each of which confijled of tmnty three Elders , eleiled for life, by free fuffrage. T HE Soverain Power, and common Ligament of the twelve Tribes, was the Sanhedrim of Ifrael, and the Ecclefia Dei, or Congregation of the Lord. T HE Sanhedrim was a Senat, confifling of feventy Elders for life, fb in f it u ted by the free Election of fix 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 Reprefentative of the People of Ifrael, conftjling of twenty four thoufand, for the term of one month ; and perpetuated by the monthly Election of two thoufand Deputy s of the People in each Tribe. THE Sanhedrim, upon a Law made, was a (landing 'judicatory of Appeal from the Courts in the Gates, throout the Tribes ; and upon a Law to be made, whatever was propos''d bj the Sanhedrim, and rejolv^d in the affir- mative hy the Congregation of the Lord, was an A^ of the Par lament of Ifrael. Deut.4. 5,^. OF this Frame fays Moses to the People (as well he might) Behold, 1 have taught you Statutes andfudgments, even as the Lord my God commanded me, that ye Jhould do Jo in the Land whither you go to pojfefs it. Kjep tberfore, and do them ; for this is your IVifdom, and your Under jlanding in the fght of the Nations, which jhall hear all theje Statutes, and fay. Surely this great Nation is a wife and underflanding People. In another place, upon the Peoples obferving this lorm, lie pronounces all the choiceft Bleflings ; and in cafe of violation of the fame, a long enumeration of moft dreadful Curfes, among which he Deut. 28.55. has this : The Lordfljall bring thee, and thy KJng which thou jhaltfet over thee, to a Nation which neither thou nor thy Fathers have known ; and there fjalt thou ferve other Gods, Wood and Stone. In which words, firil: he charges the King upon the People as a Creature of their own^ and next oppofes his Form pointblank to Monarchy ; as is farther ap- parent in the whole Antithefis running throout that Chapter. . To the neglefl: of thefe Orders may be apply'd thofe words of D a v i d : / have faidthatye are Gods but ye Jhall dy like Men, and fall like one of the Princes. But this Government can with no countenance of Reafon,^ or teftimony of Story, give any man ground to argue from the Frame thus inftituted by M o s e s, that a Commonwealth rightly order'd and eftablifh'd, may by any internal caufe arifing from fuch Orders, be broken or dilTolv'd ; it being mofl: apparent, that this was never efta^ blifh'd in any fuch part as could poffibly be holding. Moses dy'd in the Wildernefs : and tho Joshua, bringing the People into the pro. mis'dLand, did what he could, during his Life, towards the efta. blifhn^ent of the Form defign'd by Moses ; yet the hands of thg People 'the An of Laivgiving, 415 Peopl,e fpecially after the death of Joshua, grew flack, and they Chap. |. rooted not out the CMitamts, which they were fo often commanded ^^-/'^/^'V-^ to do ; and without which it was impoffibie their Commonwealth fhould take any root. Neverthelefs, fettled as it could be, it was ia fom parts longer liv'd than any other Government has yet bin ; as having continu'd in fom fort from M o s e s, to the difperfion of the 'Jews in the Reign of the Emperor Adrian ; being about one thou- sand feven hundred years. But that it was never eftablifli'd accord- ing to the neceflity of the Form, or the true intent of Moses, is that which mufl: be made farther apparent throout the fequel of the prefent; Book ; and firft, in the ftate of the Jfraelits under their Judges, CHAP. Ill, ShelVm^ the Jnarchy, or State of rk Ifraelits under their Judges. THE Frame of that which I take to have bin the ordinary Con- Sed.i. gregation or Reprefentative of the People of Ifrael, is not per-'^;^"^!^'^-^''^ feftly fhewn in Scripture, till the time of David; when, tho it hd.sl'r"fe!,tathe o/" nothing in it of a Monarchical Inftitution, it is found intirely remain- ^*5 P^^f^^ of ing, and perfeftly defcrib'd in thefe words : Now the Children of Ifrael "^^" ^ after their number^ to wit, the chief Fathers, and Captains of thoufands and hundreds, and their Officers that ferv'd the Kjng in any matter of the Courfes, which came in, and went out month by month, throout all the months in . the year ; of every Courfe were twenty and four thoufand men. The Polls of the People, as they have bin hitherto fhewn, were taken before their plantation in Canaan, where before they had Kings, they had grown (according to the account of Paul") four hundred ^Wa^s 13.20. fifty years ; during wliich time, that they were excedingly increas'd, appears by the Poll of Military age taken by Da v id, and amount- 2 sam. 24. 9, ing to one Million three hundred thoufand : yet could this AflTembiy of the Children of Ifrael after their number, in one year, by monthly rotation, take in the whole body of them. How thefe, being a Repre- fentative of the People, and thus changeable, could be otherwife col- lefted than by the monthly election of two thoufand in each Tribe, is not imaginable. And that both a Reprefentative of the People they were, and thus changeable, is by the clear words of Scripture, and the nature of the bufinefs upon which occafion they are defcrib'd, un- deniably evinc'd : for D a v i d propofing, and the People refolving, they make Solomon King, and Z a doc Prieft. This Aflembly iGhr.29. 22^ (befides the Military Difciplin therof, in which it differ'd little from the Cufloms of fuch other Commonwealths as have bin great and martial) had not only a Civil, but a Military Office or Funftion, as the ffanding Guard or Army of this Country ; which, thofmall, and lying in the very Teeth of its Enemys, could thus, by taking in every man but for one month in a whole year, fo equally diflribute a Burden, to have bin otherwife intolerable to all, that it might be born by a few, and fcarce telt by any. This Epitome of that Body (already defcrib'd under the leading of the feveral Princes of the Tribes, with their Staves, and Standards of the Camp) feems to have bin commanded by Lieutenants of the Princes, or Tribuns of the refpeftive Tribes ; For,, AiA The Art of Lawgiving, Book II. For, over the frji courfe, for the firfi month^ tvas J A s h o b e a m the k. X-NA-V-. Son 0/ Z A B D I E L (of the Children of P e a e z, or of the Family Vct. 2, 3. ^j. ^j^^ Pharzits, in the Catalog of J u d a h ) a»d of his courfe were four and twenty thoufmd. I N this cafe the Princes did not lead in perfon, but refided in tlieir Tribes for the Government of the fame ; whence, upon extraordinary occafions, they fent extraordinary Recruits : or in cafe of folemn War, or fom weighty affair, as the trial of a Tribe or the like, led up in perfon, with their Staves and Standards ; an Ordinance, whether we regard the military or civil ufe of it, never enough to be admir'd. Seft. 2. I T is true, while, the whole People being an Army, Moses could Th.it tim ^"^-propofe to them in body, or under their Staves and Standards of the voflii'd in the Camp; as he needed not, fo he us'd not any Reprefentative, But when time of the JosHUA had let the People go, and the Childrert of Ifrael went every iude?2. 6. ^^'^ ^^ ^" Inheritance, to pojfejs the Land \ how was it poffible they judg. 3. 3. fliould poffefs any thing ( while the fve Lords of the Philiflins, and all the Canaanits, and the Sidonians, and the Hivits, remain'd yet among them unconqucr'd ) without the wing of fom fuch Guard or Army as this, under which to fhelter themfelves? How was it equal, orpofli- ble, that a few of the People upon the guard of the whole, fhould be without relief, or fuftain all the burden? Or how could every man be (aid to go to his Inheritance to pojfefs ft, unlefs they perform'd this or the like duty, by turns or courfes ? Thefe things confider'd, there is little doubt but this Congregation was, according to thelnfti- tution of Moses, put in praftice by Joshua. T^^^kf'- THUS flood both the Sanliedrim, and the Congregation, with of%be Aiofai-^^'^^ inferior Courts, and all the Superftruftures of the Mofajcal Com- cd Common- monwealth, during the life of Joshua, and the Elders of the San- wiAitb. bed rim that outliv'd him ; but without any fufficient root lor the poffible fupport of it (the Canaanits not being deftroy'd ) or with Judg. 2. 7, II. f^ch roots only as were full of worms. VVherfore, tho the People Jerv'd the Lord all the days of JoSHUA,.rf«<^ all the days of the Elders that outliv'd Joshua; yet after the death of thefe, they did evil in the fight of the Lord, And an Angel (a Meffenger or Prophet) of the Judg. 2. 1,2. i^ord came up from Gilgal to Bochim, and f aid, I made you go up out of the Land of Egypt, and have brought you into the Land which I fvore to Dent. 7. 2. your Fathers ; and I faid, I will never break my Covenant with you. And eh. 12. 2. yejball make no League with the Inhabitants of this Land^ ye {hall throw down their Altars: but ye have not obefd my Voice : Why have you don y^^\ '?■ 5- this? Wherfore I alfofaid^ I will not drive them out from before you : but ch. 34. 12. ^^^y fl^^^^ ^^ ^ Thorns in your fides, and their Gods ]b all be ajnare toynu. Ami4.l.5-c.2. Upon the feveral Contents of which places, fays Josephus, The Ifraelits ( after the death of Joshua, and the Elders that outliv'd him ) neglecting their Arms, betook themfelves to Tillage ; and effeminated with Peace, gave their minds rather to what was eafy and pleafing, than what wasfecure or honorable : forgetful of the Laws of God, and of their Dijciplin. Wherupon God being mov d to anger, admontf/d them by a Prophet, that in (paring //;e Canaanits, they had difobefd him; and that in cafe they perfified, for his Mercys negleBed they fijould tafl of his fuflice. But they, tho lernffd with the Oracle, were altogether averfe to the War ; both becaufe they were bribed by the Canaanits, and thro luxury were be- com unapt jor labor : the form of their Commonwealth being now deprav''dj and the Ariflocratical p.irt therof invalid ; while neither the Senat was 4i ek^ed^ The Art of LaiPgiving. 415 elected, nor the fole?nfx Magifirats created as formerly. In which words, Chap. ?, the not eleQing of the Senat as formerly, being laid as a Crime b^- v^-^"V"v^ Joseph us to the People; he is firft clear enough, for his part, that' the Senat was formerly defied by the People, and ought to have bin fo ftill : And fecondly, that henceforth the election of the Senat, or San- Jiedrim, was neglefted by the People. So this Commonwealth, which, thro the not rooting out of the Ca^^aa/jits^ had never any Foundation, came now to fail alfo in l;er Superftruftures : for proof wherof, the Teftimony of Scripture is no lefs pregnant in divers places. As where J u D A H faid to Simeon /j« Brother, Com uf with ms into my Lot., Judg. i. 3,27, that roe may jight againfi the Canaan its, and I /ikewi/e will go with thee^^^'^'' into thy Lot : 6'(7 S i M E n 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, Man ass eh, with the reft, fat Hill : wheras, if there had bin now any common ligament, as while the Sanhedrim was in being, fu.h leaguing, andfuch warring by particu- lar Tribes at their own difci etion, could not have bin. Again, wheras to judg a Tribe pertain'd to the Sanhedrim ; in the Judgment given againft B e n ] a m i- n, by the Congregation of four hundred thou- J^^S- i~- fand, there is no mention of the Sanhedrim at all. N O W Government is of fuch a nature, that where there is no Sed. 4. Senat, there muft be fom King, or fomwhat like a King, and fuch was ^} ^^"'S' f"^ the Judg of Ifrael; yet is not their reckoning valid, who from hence „^fj;4";cHj.' compute the Monarcliy of the Hebrews. Firft, becaufe Paul di- cuav. ap. Liv. ftinguiflies between the Kings and the Judges. Secondly, becaufe^^' '^' Gideon, when he was a Judg, in refuiing to be King, dos the like. judg. % z-i. Thirdly, becaufe the Judges in Ifrael (as Dictators in other Common- wealths ) were not ot conftant Eleftion, but upon Emergencys only. Fourthly, becaufe complaint being made to the men of Judah ofjuf^g-is-is. their Judg Samson, they deliver'd him to the Philijims honnd; no lefs than did the Romans their Confuls to the Sammts. And laftly, becaufe Samuel, diftinguifhing to perfeftion between Diflatorian and Royal Power, or between the Magiftracy of the Judg and of the King, fliews plainly (in that he hearken' d to the Voice of the Peo- pk ) that the one being without any balance at all, was at the difcre- tion of the People ; and that the other ( not to be founded but upon Property in himfelf, to which end he muft :;ake the be^ vf their Fields., and ^ive themto his Serz/a'/ts) could no Other u'ifc {lihlift tlian by hav- ing the People at the difcretion of the King. This dirlercnce (being no fmall one ) excepted, the oiRce of the King and of th^ Judg was much the fame ; each confifting in judging tlie People, and going forth with their Armys. BUT whatever be the difference between thefe Magiftracj's, the Seft. «;. State of the Ifraelitiflj Commonwealth uri.'er tlie Judges was both void Eefogma vez- of natural Superftruftures, and of the ncceffarv Foundation ; fo the^^"^*^ ^^^"'"'^^■' I/raelits, when they were weak, ferv'd the Phil/Jhns, as is imply -d in the fpeech of the men of J u d a h to their Judg : Kjiowefi thou not that the judg. i<. n.. Philiftins are Rulers over rts? — Jnd it cime topafs when Ifrael was Jirong., that they put the Canaan its to tribute., and did not utterly drive them out. Whic!),as it was contrary to the Command ofGod,fo was it pointblank againft all Prudence ; for thus neither made they to themfelves Friends, nor did they ruin their Enemys: which proceding, as it far'd with this Commonwealth, and was obfervM by H e r e n n i u s in that Li\ y. of A 1 6 • 7^^ ^^^ of Laipgiving, Book II. of the S^mnits, is the certain perdition of a People. ^-^''^^^ O F tlic diforder of this People upon the diflblution of the Mofaical rte!4/w)c/yo/ Commonwealth, it is often faid that there was no Kjng in Ifrael : Uriel. evtry man did that which iv/is right in his own ejs. That is, at the times jLidg, 17.^- related to by thefe expreflions, there was neither Sanhedrim, nor Judg 19.* \. in Ifrael: fo every man, or at leaft every Tribe govern'd it felf as it 21' 25.pleas'd. Which, neverthelefs, is not fo generally to be underftood, Judg. 2c. but that the Tribes ( without either Judg or Sanhedrim ) marching up with their Standards and Staves of the Camp, not only affembl'd the Congregation in the ufual place at Mtzpeh^ but tliere condemn'd Benjamin for the rape of the Le^'//•i Concubine ; and, marcliing thence to put their Decree in execution, reduc'd that obllinat Tribe^ or rather deftroy'd it by a Civil War. Se£V. 7. WHEN in this, and divers other ways, they had pamper'd their Hebrew Ifo-^^"^"^)'^' and exhauiled themfelves, they grew (as well they might) jiMchy. out of love with their Policy ; efpecially when after impious expoftu- iSjm.4. 9. jation {IVherfore has the Lord fmitten us this daj before the Philiftins?) they had, as it were, ffak'd their God {let m fetch the Ark — that if iSam. 7. 5. may fa've us^ and the Ark being taken by the Enemy, they fell to Idolatry. To this it happen'd, that tho upon Repentance fuccefs was better, God having miraculoufly difcomfited the Philijlins before them ; yet Samuel their Judg was old, and had made his two Sons (being takers of Bribes, and perverters of Jufiice) Judges over Jjrae/, Wherupon, there was no gainfaying, but a iving they muft and would have. CHAP. IV. Shewing th State of the Ifraelics undvr their i\i>'gs^ to the Captivity. Scft- I- TT'OR Method in this part, I fliall firft obferve the Balance or Jhis paft X: Foundation, then the Superff ruftures of the Hebrew Monarchys ; and laflr of all, the Story of the Hebrew Kings. Seft. 2. THE Balance necelTary to Kingly Government, even where it is Ibis ^^mmif^^?>'^^^^'^^ °' "^'^ ^bfolute,is thus d^fcrib'd by S a m u e l. This will be the 1 Sam. 8. II,' nianner of the Kjng that ^h all reign over you : He will take your Fields, your J 4' Vinyardsy and your Oliveyards, even the hefl of them, and give them to his Servants. That is, there being no provifion of this kind for a King, and it being of natural neceflity that a King muft have fuch an Arillocracy or Nobility as may be able to fupport the Monarchy ( which otherwife, to a People having equal fhares' in property, is altogether incompatible) it lollows, that he muft take your Fields, and give them to his Servants, or Creatures. THIS notwithftanding could not Saul do, in whofe time the Monarchy attain'd not to any balance, but was foon torn from him 2 Sam. 8. 1, hke the lap of a Garment. The Prince who gave that balance to this I chron. 1 1. Monarchy, which it had, M'as David: for befides his other Con- quefts, by which he brought the Moabits, the Syrians of Damafcus^ tlie Ammonits, the Amalekits, the Edomts, to his Obedience, and ex- tended his Border to the river Euphrates ; hefmote the Philiftins, and fubdu'*d them J and took Gath and her Towns, out of the hand of the Phi- JiftinSo The Art of Lawgiving, 4^7 liftins. 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 di- vifion follow'd not, but David having taken this Country, did hold it in his paiticular Dominion or Property ; then tho he took not *from tiie People any thing wherof they were in aftual pofTeflion, yet, as to- their legal Right, took he from them (as Samuel had IbiewarnM ) their Fields, their Vinyardsy md their Oliveyards^ even the befi of them, and gave them to his Servants^ or to a Nobility, which by this means he introduc'd. THE firft Order of the Nobility thus infbituted, were, as they are -Sam. 23. term'd by our Tranflators, David's Worthys: to thefe may be'*"'"^""" '^ added, the great Officers of his Realm and Court, with fuch as fprang out of both. But however, thefe things by advantage of foi ::n Con- queft might beorder'd by David, or continu'd for the time of his next Succeffor ; certain it is, that the balance of Monarchy in fo fmall a Country muft be altogether infufficient to it felf, or defi:ruQ:ive to the People. THE Commonwealth of Lacedemon, being founded by L y c u r- Seft. 3. Gus upon the Hke Lots Vv'ich thefe defign'd by Moses, came, ^f^'^^fh/'^^^^^j^l'^ the fpoil of Athens, to be deftroy'd by Purchafers, and brought intocw Balance one hundred hands ; wherupon, the People being rooted out, there re- '" ^^''^ei "'"^w main'd no more to the two Kings, who were wont to go out with phu^ch /"'a- great Armys, than one hundred Lords : nor any way, if they were in- gis anduea-^ vaded, to defend themfelves, but by Mercenarys, or making War up-""^""- on the Penny ; which, at the fartheft it would go (not computing the difference in Difciplin ) reach'd not, in one third, thofe Forces which the popular Balance could at any time have afforded without Mony. This fom of thofe Kings perceiving, were of all ethers the mofl earnelt to return to the popular Balance. What Diforders in a Country no bigger than was theirs, or this of the IJraelits, muft, in cafe the like courfe be not taken, of rieceffity follow, may be at large perus'd in the ftory of Lacedemon ; and fliall be fully fhewn, when I com to the ilory of the prefent Kings. FOR the Superftruftures of Da vid's Government, it has bin Seft. 4. fhewn at large what the Congregation of Ifraei, was ; and that ^''^^^^-J^fjTjf'^'' out the Congregation of Ifrael, and their Refult, there was not any brew .>/uL-" Law made by David. The like in the whole, or for the moR: part,<^'^- was obfervM till Rehoboam, who, refufing to redrefs the Grie- vances of the People, was depos'd by one part of this Congregation or Parlament, and fet up by another ; to the confufion both of Parlament and People. And David (as after him Jehoshaphat) did reftore the Sanhedrim ; I will not affirm, by popular Eledion, after the antient manner. He might do it perhaps, as he made J o a b over the Hoft, Jehoshaphat Recorder, and Serai ah Scribe, i Sam. 8. 15, Certain it is, the JewiJJj Writers hold unanimoufly, that the feventy Elders were in David's time, and by a good token ; for they fay, 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 fays, / will praife the Lord with mj whole Heart m the Council^ Plal. i u, i; and in the Congregation of the Upright j which words relate to the Se- nat, and the Congregation of IfraeL The final caufe of the popular Congregation, in a Commonwealth, is to give fuch a balance by their Hhh Refplt, >' 4i8 T'he Art of Lawgiving. Book II. Refult, as may, and muft keep the Senat fiom that Fadion and Cor- O'V^v- ruption, wherof it is not other wife curable, or to fet it upright. Yet- our Tranflation gives the words cited, in this manner : / will pratfe the Lord mth my rvhole Heart in the JJfembly of the Vpright^ and in the Congregation. There are other Allufions in the Englijh Pfahns, of the pfal. 82. 1. ]i]^e nature, fliaded in like manner : As, God is frefent in the Congre^ gat/on of God (that is, in the Reprefentative of the People of Ifrael^ he judges among the Gods, that is, among the feventy Elders, or in the Sanhedrim. What the Orders of the Ifraelitijh Monarchy in the time of D A V I D were, tho our Tranflators throout the Bible have don •what they could againft Popular Government, is clear enough in many fuch places. Seft. 5. TO conclude this Chapter with the ftory of the Hebrew Kings : SLtwiciixtTin Rehoboam, and the divifion (thro the caufe 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, confjfting of two Tribes, Judah and Benjamin ; and that of Ip-ael, con- Cfting of the other ten. From which time this People, thus .di- vided, had little or no reft from the flame of that Civil War, which, once kindl'd between the two Realms or Faftions, could never be ex- tinguiQi'd but in the deftruftion of both. Nor was Civil War of fonew a date among them; Saul, whofe whole Reign was impo- tent and perverfe, being conquer'd by David; and David in- vaded by his Son Absalom fo ftrongly, that he fled before him. Solomon, the next Succeffor, happened to have a quiet Reign, by fettling himfelf upon his Throne in the death of A d o n 1 3 a h his elder Brother, and in the depofing of the High Prieft A b i a t h a r ; yet made he the yoke of the People grievous. After him, we have the War between Jeroboam and Rehoboam. Then, the Confpiracy of B a a s H a againft N a d a b King of Ifrael, which ends in the deftruftion of Jeroboam's Houfe, and the Ufurpation of his Throne by B a a s h a, which B a a s h a happens to leave to his Son Asa. Againft Asa rifes Zimri, Captain of the Chariots; kills him with all his kindred, reigns feven days ; at the end wherof he burns himfelf for fear of O m r i, who upon this occafion is made Cap- tain by one part of the People, as isalfo Tibni by another. The next Prize is plaid between O m r 1 and Tibni, and their Fafti- ons ; in which Tibni is flain. Upon this fuccefs, O m r i out- doing all his PredecelTors in Tyranny, leaves his Throne and Virtues to his Son Ahab. Againft Ahab drives Jehu furioufly, de- ftroys him and his Family, gives the flefh of his Queen Jezebel to the Dogs, and receives a Prefent from thofe of Samaria, even feventy Heads of his Mafters Sons in Baskets. To Asa and Jehosha- p u A T, Kings of Jadah, belongs much Reverence. But upon this Throne fat Athaliah; who, to reign, murderM all her Grand- children except one, which was Joash- Joash being hid by the High Prieft, at whofe command Athaliah was fom time after flain, ends his Reign in being murderM by his Servants. To him fuccedes his Son A m a z i a, flain alfo by his Servants. About the fame time Zachariah King of Ifrael was fmitten by S h a l- L u M, who reignM in his ftead : Shallum by Manahim, who reign'd in his ftead : P e k a h a the Son of Manahim \>y P e K A h one of his Captains, who reign'd in his ftead : P e k a h The Art of Lawgiving. . Aib by HosHEA. HosHEA having reign'd nine years, is carry'd by Ghap. 4. S A L M A N A z z i; R King of ^ijfyria. with the ten Tribes into Cap- u^"\rx^ tivity. Now miglit it be expefted that the Kingdom of "Judah fiiould injoy Peace : a good King tliey had, which was H e z e k i a h ; but to him fucceded his Son M a n a s.s e h, a fliedder of innocent Blood. To M a N A s s E H fucceded his Son Ammo n, flain by his Servants. J o s i a h the next, being a good Prince, is fucceded by J £ H o A H A z, who being carry'd into Egjft^ there dys a Prifoner, while J E H o I A K I M his Brother becoms Pharaoh's Tributa- ry. The la ft of thefe Princes was Z e d e k 1 a h, in whofe Reign was 'judah led away captive by Nebuchadnezzar. Thus came the whole Enumeration of thofe dreadful Curfes denounc'd byoeuc. 28. Moses in this cafe, to be fulfil'd in this People; of whom it is alfo faid, J gave them a Ki>^g f'' f'^y ^"g^^, and took him awaj in my wrath. Hofi i--. n. TO conclude this Story with the Refemblances or Differences that are betwfen Monarchical and Popular Government : What Parallel can there be beyond the Storys wherby each of them are fo largely de- fcrib'd in Scripture ? True it is, that A h i m e l e c ufurp'd the Magiftracy of Judg in Jfrael^ or made himfelf King by the men of Sichem ; that .the men GiE^hraim fought againft J e p t h a, and that there was a Civil War caus'd by Ben'yimin -. yet, in a Popular Government, the very womb (as they will have it) of tumult, tho never fo well founded that it could be fteddy, or take any fufBcient root, can I find no more of this kind. BUT the Tribuns of the People in Rome, or the Romans under Sed. 6. the Magiftracy of their Tribuns, throout the whole Adminiftration'1^''!5';^^l'// of that Government, were never quiet ; but. at perpetual ftrife and //orw 'S" enmity with the Senat. It is very true ; but firft, this happen'd not^i^ '« f^x from a Caufe natural to a Popular Government, but from a Caufe un- "^^.^^j^]' ^''' natural to Popular Government ; yea, fo unnatural to Popular Govern- ment, that the like has not bin found in any other Commonwealth. Secondly, the Caufe is undeniably difcover'd to have confifted in a Fadion introduc'd by the Kings, and fofter'd by the Nobility, ex- cluding the Suffrage of the main body of the People thro an Optimacy, or certain rank or number admitted not by the People or their Eleftion, but by the value of their Eftates, to the Legiflative Power, as the Com- mons of that Nation. So the State of this People was as if they had two Houfes of Lx)rds, and no Houfe of Commons. Thirdly, this danger muft have bin in any other Nation, at leaft in ours, much harder to be incur'd, than Authors hitherto have made it to be feen in this. And laft of all, this Enmity, or thefe Fadions, were without Blood, which in Monarchys they are not, as you faw well in thofe inention'd ; and this Nation in the Barons Wars, and in thofe of Tork and Lancajler^ befides others, has felt. Or, if at length they came in- deed to Blood, this was not till the Foundations were deftroy'd, that is, till the Balance of Popular Government in Rome was totally ruin'd ; which is equally in cafes of the like nature inavoidable, be the Govern- ment of what kind foever, as of late years we have bin fufficieritly in- form'd by our own fad Experience. H h h 2 CHAP. 420 The Art of Lawgiving, Book II. ^-''"^^^ C H A P. V. Shewing the State of the Jews in the CaptiVtty^ and after their return out of it ; with the Frame of the Jewifh Qommonwealth. Seft, I- TTTE left the Children of 7/r4e/ upon a fad march, even into Cap- ri^ Sf^feo/^ Yy tivity. What Orders had bin antiently obferv'd by them caftv^^ty] ^ during the time they were in Egyft (one of which, as has bin already fliewn, was their feventy Elders) the fame, fo far as would be per- mitted by the Princes whofe Servants they were, continu'd in prac- tice with them during the time of their Captivity, out of which the jer. 25. 12., ten Tribes never more return'd. The two Tribes, rvhen feventy years zChr. 35. 22. jpf^e accompUjh''d from the time that they were carry'd away by Ne- buchadnezzar, and in the firfi year of Cyrus KjfJg of Per- fia, return'd the beft part of them, not only with the King's leave and liking, but with reftitution of the Plate and VefTels belonging to the , Temple. . Seft. 2. THE firfl: Colony (as I may fay) of the two Tribes, or thofe that The Baianceof rctum'd Under the Conduft ofZoROBAEEL Prince of Judah, a- t^edthnjhr'd mounted to forty two thoufand three hundred and threefcore, among by zorobabei. which there were about one hundred Patriarchs or Princes of Familys. Em 2. To thefe, in the reign of Artaxerxes, came fixteen or twenty Ezra . Princes more with their Familys ■■, among whom the Prophets H a g- GAi, Zacharias, and Malachi were eminent. Som of Ezras. 5 p. thtm could not jhew their Fathers Houfe and their Seed, whether they were of Ifrael. But thefe were few ; for it is faid of them in general. That they went every one to his own City^ or to the Inheritance of his Fathers : In which you may note the reftitution of the Balance of the Mofaical Commonwealth ; tho to what this might com without fixation, the Jubile being not after the Captivity in ufe, I cannot fay. However, for the prefent, plain it is that the antient Superftruftures did alfo in- fue : as in order to the putting away of the flrange Wives, which the People in Captivity had taken, is apparent. Se£t. 3. THEIR whole progrefs hitherto is according to the Law of M o- TbcSu^erftruc-s^s; they return every man to his Inheritance by direftion of his Pe- cmmtJeaith ^^tS^^> or according to the Houfe of his Fathers ; they are led by in the time o/Pi"inces of their Familys, and are about to put away ftrange Wives : EzTiandUt- for what reafon then Ihould a man believe that what follows fhould hemij. j^Qj j^g according to the Orders of the fame Lawgiver ? Now that M^hich follows, in order to the putting away of thefe foren Wives, is, Ezra 10. 8, 9. Proclamation was madethroout Judah and Jerufalem to all the Children of the Captivity, that they JJjotdd gather themfehes to Jeruialem ; and that whofoever would not com within three days, according to the counfil of the Princes and Elders, all his Subflance jhould be forfeited^ and himfelf fe- . p.trated from the'Congregation of thofe that had bin carrfdawa). This plainly, by the penalty annex'd, is a Law for Banifhment ; of which kind there was none made by Moses; and a Law made h)' the Princes and the Elders. What doubt then can remain, but thefe El- ders were the Sanhedrim, or feventy Elders ? But wheras neither the Sanhedrim, nor any other Scnat of it fell has bin found to make Laws, what others can thefe Princes be that are join'd with the Elders, than ^ thofe The Art of Lan^giving. 42 1 thofe fpoken of before ; that is, the Princes of Familys, or the chief Chap. 5, Fathers in the Congregation of them that had bin carry'd away ? So ^^~^Y~\J the Princes and the Elders in this place may be underftood of the San- hedrim and the People : for thus David propofes to the Congrega- tion of the People of Ifrae/, or the chief Fathers^ and muft be under- 1 chr. 2 7. i. flood of them ; becaufe there is no fuch thing throout the Scripture to be found, as a Law made by the Sanhedrim without the People : and if fo, then that the Sanhedrim with the People had power to make a Law, is by this place of Scripture undeniably evinc'd. But befides the chief Fathers, which here are call'd Rulers of the CoKgregdtion, Ezra 10. 14. and in the time of David were call'd Captains of thoufmds and Cap- tains of hundreds, mention is alfo 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 Ifrael, as they were inftituted by Moses. All which particulars being rightly fum'd up, com to this total ; That the Commonwealth reftor'd by E z r a, was the very fame that original- ly was inftituted by M o s e s. SUCH was the Government reftor'd byZoROBABEL, Ezra, Se^. 4. and N E H E M I A. Now whether the Jemjh or Cabaliftical Common- ^ Trnfitim to wealth, father'd by the Presbyterian Jews of latter ages upon M o s e s 'fiewiih S orEzRA, be the fame, fhall be fhewn by reducing the invention oi'moiwedth, thefe Men to three heads : as firft, their Cal^ala ; fecondly, their Ordi- nation ; and laft of all, their great Synagog. THE Cabala^ call'd alfo by the Jem the Oral Law, confifts of Seft. 5. certain Traditions by them pretended at the inftitution of the Sanhedrim ^*'' ^^^^^^'' to have bin verbally deliver'd to the feventy Elders by M o s e s for the Government of the Commonwealth. Thefe were never written till after the difperfion of the Jem by the Emperor Adrian; when, to fave them from being loft, they were digefted into thofe Volums call'd the Talmud : which they hold to be, and indeed are as to matter of Faft, the authentic Records of their Government. Of the Traditions thus recorded fays one of the Rabhins or Jewi/fj Doftors: Think w/ Rabbi corbu- that the written Law (or the Law of M o s e s) is fundamental, hut that '™''s- the Oral or Traditional Law is fundamental^ tt being upon this that God en^ teidinto a League with the Ifiaelits, as it is written : After the tenor by any number of the People, being not under ten, either apprehend- ing tlie Tarty in the Faft, or upon the Teftimony of fuch Witnelles as liad fo apprehended him : yet will it not be found to have bin exe- cuted by the People, but upon inftigation of the Prieft, as wliere ( they interpreting the Law as they liin Stephen is fton'd. Now if the Priefh could have made the People do as much againftCHR i s.t, what needed they havegon to Pilat for help? and if they could not, why fliould we think that the Multitude which cry'd out, Cra- cifyhim^ cructfj him^ fliould beany other than the great Synagog? HOWEVER, that it was an Oligarchy, confifting of a Senat and a Presbytery, which not only fcourg'd the Apoftles, but caus'c! Christ to be crucity'd, is certain. And fo much for the great Synagog. Sect. 8. THESE parts being hiftorically laid down and prov'd, it fol- The Model «f Iq^vs that the Cabaliftical or '^ewifjj Commonwealth was much after the lewifh ,1 • ., 1^.1 Ommnm.ilthM'^^^ Modcl. B E the capacity of heArlng Magiftracy^ or giving Counfil upon the Law^ or any part of the Law of this Comnionmalth^ in no other than fuch only as are Presbyters. B E Presbyters of two fort s : the one general, the other particular. B E Presbyters general ordain'' d by the laying on of hands of the Prince of the Sanhedrim with the refl of the Elders, or Presbytery of the fame, and by no other Court without a Licence from the Prince of the Sanhedrim ; und be thofe ordained in this manner eligible by the major vot-e of thefeventy Elders into the Sanhedrim, or into any other Court by the major vote of the Elders or Presbytery of that Court. B E Presbyters particular ordain'd by any Court ofjujlice ; and be thefe capable of giving Counfil in the Law, or infom particular part of the Law^ according to the gift that is in them by the laying on of the hands of the Presbytery. B E all Presbyters capable of nomination to the great Synagog. B E the Sanhedrim in Law made the fupr erne Magi f racy or 'judicatory ; and with a 'Janet a of ffty Presbyters of their Nomination, the great Sy- nagog. B E the great Synagog the Legiflative Power in this Commonwealth. SUCH was the Government, where the word of a Scribe or Doftor was avowedly held to be of more validity than the Scripture ; and where the ufual appellation of the People, by the Doftors and PharifeSy was (^populus terr^ ) the Rafcally Rabble. Regis ad exemplum tot us compomtur or his. Sea. 9/ THERE were other Synagogs for other ufes, as thofe wherin the ibfleS's"- Law was read every Sabbathday ; each of which alfo had her Ruler nago^. ' and her Presbytery, with power to ordain others to this Capacity. CHAP. The Art of Lan^ghingi 425 Chap* 6. CHAP. VL Shewing how Vr(^inat'ion was brought into the Chriftiari Church^ and the diVers ways of the fame that were at diVers times in ufe with the^ApoJllest WE do not find that Christ ( who gave little countenance to Sefl:. r? . tlie Jervip Traditions) ordain'd his Apoftles or Difciples by the ^aly cMfi impofition of hands : his Apoftles were twelve, whom he compares to into hh chnrch^ the twelve Princes of the Tribes ofl/rael ; and his Difciples were feven« '^*"^* *9' ^Si ty, in which number it is receiv'd by Divines, that he alluded to the fe*- venty Elders or Sanhedrim of Ifrael. So thus far the Government of the C hurch, inftituted by Christ, was according to the form inftituted by Moses. But Christ in this form was King and Prieft, not after the inftitution of Moses, who feparated the Levifs to the Priefthood ; but as before Moses, when the Royal and Prieft- vw. Grotiiittn, ly Funftion were not feparated, and after the order or manner of^^J'^^f^g^"^^' Melchisedec, who came not to the Priefthood by proving ad Hebraeos.' his Fedegree, as the High Prieft in Ifraei by Father, or as the King Prieft in Athens by Mother, but without Father and ^Jother. Or be what has bin faid of Melchisedec approv'd or rejefted, fuch for the reft) as has bin fhewn, was the form introduc'd by Christ into his Church. CHRIST being taken up into Heaven, his Difciples of FoU Se6t. s."' lowers in Jerufalem increas'd to about one hundred and twenty names ; ^r^ofj^ tj^"^ and the Apoftles decreas'd by one, or by Judas, who rvasgon to h^AQsi. place. Peter, whether upon the Counfil or Determination of the eleven Apoftles (as is moft probable) beforehand or otherwife, ftood up and fpoke both to the Apoftles and Difciples alTembl'd upon this occafion, That ofie out of the prefent AiTembly might be ordain'd an Apoftle: afjd thej (that is, the Congregation, or why was this pro- pos'd to them ? ) appointed two by Suffrage ; for how otherwife can an AiTembly appoint? Thefe were Barsabas and Matth'ias, which Names, being written in fcrols, were caft into one Urn j two Lots, wherof one was a blank, and the other infcrib'd with the word * Jpojfle, being at the fame time caft into another Urn. Which don, they pray'd that God would fliew which of the Competitors by them fo made, he had chofen: when they had thus pray'd, thej gave forth their Lots^ that is, a fcrol out of the one Urn, and then a name to that fcrol out of the other Urn ; and the Lot fell upon Matthias^ or Matthias was taken; wherupon Matthias was nu^n- her''d, or rather decreed rvith the eleven Jpojlles, For * Pfephifma^ be- "^ tiiyxn-n- ing a word which properly derives from fuch Stones or Pebbles as po-^'?'^' pular Affemblys of old were wont to ballot with or give fuffiage by^ not only fignifys a Decree, but efpecially fuch a Decree as is made by a popular AiTembly. Now if this was Ordination in the Chriftian Church, and of Apoftolical Right, then may there be a way of Ordi- nation in the Chriftian Church, and of Apoftolical Right, exactly conformable to the Ballot, or way us'd by Moses in the inftitution of the feventy Elders or Sanhedrim of Ifraet. ■ lii AFTER The Art of Larpgiving, Boolf r ' 12 R the converfion of fom thoufands mote, moft, if not alJ; c^i/-"^^^ oi wii!i,h were ^^civj, a People tho converted, yet fo tenacious of their /S^yHv; Laws' and Cuftoms, that even Circumcifion (hitherto not forbidden oi ordiiuirnr. by the /\ poftlcs ) was continuM among them ; the twelve Apo(lles calPd A(Xi 4. 4. ffjg multita&e of Di.fcij.Hcs to them. So Moses, wlien he had any thing to propofc, alfembrd the Teople of IjrAel. And when the tu^elve had Afb (5. thus calPd the Difciples, they faid^ Look je out among pu [even men of bowft report^ full of the Holj Ghofi and IVifdom, whom voimmay apjioint over this bufincfs. So Moses faid to tlie Congregation of Ifrael, Take ye wife men, and under fanding, and known amongyour Tribes, and I will make them Rulers over you. And the faying of the Apoftles pleas'd the whole multitude. So the People of Ifrael were wont to anfwer to Moses, The thing which thou Jay f is good for us to do. This faying of the A poftles being thought good by the whole multitude, the whole multitude eleSed (even men whom they fct before the Jpojlles : and when thej hadprafd, they laid their hands on them. To fay in this place (as they do ) that the Aft of the People was but a Prefentation, and that the Apoftles had power to admit or refufe the Perfons fo prefented, is as if one fliould lay, That the a£t of eleQing Parlament men by the People of England, was but a Prefentation, and that the King had power to admit or refufe the Perfons fo prefented. And feeing the Deacons henceforth had charge of the Word, to fay, that by this choice the Deacons received not the charge of the Word, but the care to ferve Tables, is as if one fhiould fay, That Parlament men by their E- leftion receiv'd only the care to levy Mony or Provifion for the King's Table ; but if upon fuch Eleftion they debated alfo concerning Laws, that Power they receiv'd from the King only. BUT if this was a way of Ordination in the Chriftian Church, and of Apoflolical Right, then there may be a way of Ordination in the Chriliian Church, and of Apoflolical Right, confining in part of tlie Orders of the Jfraelitijh Commonwealth, and in part of the Orders of the Jewi/b Commonwealth. Seft. 4. LAS 1 LY, Paul writing to T i m o t h y concerning his Ordina- ry third way i\q^^ [,35 in ouc place this expreflion, NegleEl not the Gift that is in thee, 1 Ti'ni'."4."i4. '^'^^^^ '*'^-^ 6^'^^'^ ^^■'^^ h P^'^f^^fy^ with the laying on of the hands of the Presbytery. So the Presbytery of a 'Jewijh Synagog laid their hands on 2 Tim. 1. 6: the Party ordain'd. And in another place he has this expreffion : Stir up * the Gift of God which is in thee by the laying on of my hands. So the Ruler of a fewijh Synagog did lay his hands alfo on the Party ordain'd. Moreover, the Apoftle in thefe words, The Gift that is in thee by lay- ing on of hands, tho in relation to Gifts beyond comparifon more ex- cellent, ufes the Phrafe known upon the like occafion to have bin com- mon with the fews. Wherfore if this were a way of Ordination in the Chriftian Church, and of Apoftolical Right, then may there be a way of Ordination in the Chriftian Church exadly conformable to the '[ewijb Commonwealth, and yet be of Apoftolical Right. Nor is it fo ftrange that the Apoftles in matters of this nature fhould comply with the fews, of which fo many were converted, feeing it is certain that not only the Apoftles, but all fuch as in thefe times were converted, did obferve the jfenv/j& Sabbath ; nay, and that Paul himfelf took T i- M o T H Y and circumcis'd him, becaufe of the 'Jews ; that is, to com- ply with them, or to give them no offence. Nor do our Divines any where pretend impefition of hands to be deriv'd from Christ, but unani- The Art of Lan^giving^ 427 unanlmoufly confefs, that it was taken up by the -Apoftles from the Jeivijb Sanhedrim. NOW in thefe feveral ways of Ordination, there is a moft re- Se£t. j. markable Providence of God. For wheras States and Princes in re- ^'^c^^'if^fH ceiving of Rehgion are not at any point fo jealous as of an incrozch- different way ' ftroys Monarchical Power : the laft wholly excludes the Power of the People : and the fecond has a mixture which may be received by a Com- monwealth, or by a Monarchy. But where it is receiv'd by a Com- * monwealth, the impofition of hands coms to little; and where it is receiv'd by a Monarchy, the Eledion of the People coms to nothing, as may be farther confider'd in the original and progrefs of the Conge eP Eltre. THE ways of Ordination or of Church Government lying thus in Scripture, the not receiving of the Chriftian Religion is not that wherof any State or Prince thro the whole world can be any ways excufable. The Conclufion; Shm'mg, that neither God, mr Christ, or the Apo- stles, e'Ver injiituted any Government Ecclefiajlkd or CiVil upon any other Principles than thoje only of Human Prudence, O fum up this fecond Book in the Ufes that may be made of it : Sed. r. Certain it is of the Greec and Roman Storys, that he who has not ^^" "^ '^"^ fom good Idea or Notion of the Government to which they relate, cannot rightly underiiand them. If the like holds as to the Scripture Story, fom light may be contributed to it by this Book. Again, if fom gifted Men happening to read it, fhould chance to be of the fame judgment, it is an Argument for acquir'd Learning, in that for the 7nea.»s of acquir'd Learning, and in the means of acquir'd Learning for Univerfitys. For how little foever this performance be, had it not bin the fafliion with the EngUflj Gentry, in the breeding of their Sons, to give them a fmack of the Univerfity, I fhould not have don fo much. BUT letting thefe pafs. If there were Commonwealths, or Go- Sed. 2. vernments exercifing Soverain Power by the Senatand the People, be-^^^ ^'^^^^"* M^ fore that of Jfrael, as namely, Gibeon: If the inferior Orders and Courts in Ifrael, as thofe inftituted by Moses after the advice of Jethro a Heathen, were tranfcrib'd out of another Government tho Heathen, as namely, that of Midim : If the order of the Church introduc'd by Christ in his twelve Apoftles and his feventy Difci- ples, were after the pattern of Jfraely namely, in the twelve Princes of the Tribes, and the feventy Elders : If there were three diftinft ways of Ordination introduc'd by the Apoftles; one exaftly accord- ing to the Ballot of Ifrael, as namely, in the Ordination of Mat- thias; another exaftly according to the way of the '^etvijh Sanhedrim orSynagog, as namely, that of Timothy; and a third, compos'd of thefe two, as namely, that of the Deacons : Then is it a clear and undeniable refult of the whole. That neither G d, »oy C h r i s t, I i i 2 ^ or 428 "the Art of Lanpgiving. Book II. or the AvOSTL^s, ever inflituteii any Government Ecdefiafliedl ot ^^'^^'^^"^'^ Civil upon any other Principles than thofe only of Human Prudence. Sea. 3. AN Obfervation of fuch confequence, as, where it has bin rightly "fuvfS" ^^^^'^^^^'^^ there the truth of Religion and of Government once planted, have taken root and flourifh'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 Impoftors and falfe Prophets, as was flaewn in the hypocritical Pharifes^ for ever ftigmatiz'd by the word of Truth. AND for Might, let her be never (0 much exalted in her felf, let her Sword be never fo dreadfully brandifh'd; the Government not founded upon Reafon, a Creature of God, and the Creature of God whofe undoubted right in this part is by himfelf undeniably avow'd and alTerted, is a Weapon fram'd againft God ; and no Wea- pon fram'd againft God fhall profper. Sea. 4. THE Principles of Human Prudence, and in them the Art of ^ ^'■''"■^^^""''' Lawgiving, being fhewn in the firft Book, and vindicated throout the whole courfe of Scripture by this fecond, I com in the third to fliew a Model of Government, fram'd according to the Art thus Ihewn, and the Principles thus vindicated. THE 439 THE THIRD BOOK- CONTAINING A MODEL O F Popular Government? Pradically proposed according to Reafon, con- firm'd by the Scripture, and agreable to the prefent Balance or State of Property in England. The PREFACE, Containing a Model of Popular Government, propos'd Notionally, "^HERE if between the Difcourfes of fuch as are commonly ca/Pd Natural Philofophers, and thofe of AnatomifiSj a Urge diffe- rence ; the former are facil, the Utter difficult, Philofophers^ difcourfing of Elements for example, that the Body of Man conftfis of Fire, Air, Earth and Water, are eafily both underflood and cre- dited, feeing by common Experience we fnd the Body of Man returns to the Earth from whence it was taken. A like Entertainment may befal Elements of Government, as in thefrfl ofthefe Books they arejiated. But the fearful and wonderful making, the admirable firuSlure and great va- riety of the parts of man's Body, in which the Difcourfes of Anatomifls are altogether converfant, are under flood by fo few, that I may fay they are not underflood by any. Certain it is, that the delivery of a Model of Go- 'uernment (which either mujl be of no effe[l, or imbrace all thofe Mufcles, Nerves, Artery s and Bones y which are necejfary to any Function of a well order'' d Commonwealth ) is no lefs than political Anatomy. If you com jhort of this, jour Difcourfe is altogether ineffectual; if you com home, you are not underflood : you may, perhaps, be calVd a learned Author ; hut you are obfcetre, and your Doclrin is impra&icable. Had I only fujfer^d in this, and not the People, I Jbould long Jince have left them to their hu- mor; but feeing it is they that fuffer by it, and not my felf, T will be yet jfc mor? 42 o The Preface. Book III. more a fool, or they fljall be yet wifer. Now corns into my head tvhat t fttv C.yWV-' /om fince upon an Italian St age ^ while the Spectators wanted Hoops for their fides. A Country fellow came with an Apple in hts hand; to which, in ajlran^e variety of faces, his Teeth were undoubtedly threaten* d, whet; hiter'^d a young Anatomifi hriniful of his lajl Leffon^ who, fi^PP'>^S J n good time the hand of this fame Country fellow, would by no means fuffer him to go on with fo great an Enterprize, till he had frfl narn'd and defcrib''d to him all the Bones, Nerves, and Mufeles which are naturally neceffary to that motion : at which, the good man being with admiration plainly chopf alien, corns me in a third, who, fnatching away the Apple, devour'* d it in the pre- fence of them both. If the People, in this cafe wherof I am [peaking, were naturally fo well f urn if}' d, I had here learn' d enough to have kept flence : hut their eating, in the political way, of abfolute neceffuy requires the aid of fbm political Anatomifi; without which, they may have Appetits, hut will be cho^f alien. Examples wherof they have had hut too many 5 one I think may be infifted upon without envy. THIS is that which was called The Agreement of the People^ con- fijling in fum of thefe Propositions : The Aiumh) of THAT there be a Reprefentative of the Nation confifting of four the LevcUiys i.L„-,t],x(J Perfons, or not above. W H 1 C H Propofition puts the Bar on the quite contrary fide ; this be- i)ig the frfl example of a Commonwealth, wherin it was conceiv''d, that fve hundred thoufand men, or more, might be reprefented by four hundred. The Reprefntation of the People in one man, caufes Monarchy ; and in a few^ caufes Oligarchy : the Many cannot be otherwife reprefented in a State of Liberty, than by fo many, andfo qualify'd, as ma) within the compafs of that number and nature ittibrace the interefl if the whole People. Go- vernment jhould be eflablijiyd upon a Rock, not fet upon a Precipice: a Reprefentative con fifing but of four hundred^ iho in the nature t her of it be popular, is not in it f elf a Weapon that is fx^d, but has fo?nthing of the broken Bow, as fill apt to fart afidc to Monarchy. But the paucity of the number is temper'' d with the fhortnefs of the term, it being farther ■provided, THAT this Reprefentative be biennial, and fit not above eight Months- But leeing a fupreme Council in a Co?fimonwealth is neither affembrd nor diffolv^d, but by fated Orders directing upwards an irrefiflible fh'ength from the root, and as one tooth or one nail is driven out by another ; how IS it provided that this Biennial Council fjjall not be a perpetual Coun- cil ? W her as nothing is more dangerous in a Commonwealth than intire Removes of Councils, how is it provided that thefe [hall be men fufficiently experienc''d for the management of Affairs ? And lajl of all, wheras diffo- hit ion to Soverain Power is death, to whom are thefe after their eight months to bequeath the Commonwealth ? In this cafe it is provided, THAT there be a Council of State elefted by each new Repre- fentative, within twenty days after their firft meeting, to continue till ten days after the meeting- of the next Reprefentative. In which the faults obferv^d in the former Order, are fo much worfe, as this Council eonfifts of fewer. Thus far this Commonwealth is Oligarchy : but it ispro- , ^ vided, THAT thefe Reprefentatives have Soverain Power, fave that in fom things the People may refift them by Arms. Which frfl is aflat contradiSlion, and next is downright Anarchy. Where the Soverain Power is not as intire and abfolute as in Monarchy it felf\ there can he no Govern- t ^ ment The Preface. ment &t all. It is not the limitation of Soverain Power that is the caufe of a Commonwealth, but fuch a lihration or foize of Orders, that there can he in the fame no number of men having the inter efl, that can have the tower \ nor any number of men having the power, that can have the interefi, to im'ade or difiurh the Goverment. As the Orders of Commonwealths are more approaching to, or remote from this Maxim ( of which this of the Levellers has nothing ) fo are they more quiet or turbulent. In the Reli- gious part only, propofmg a National Religion and Liberty of Confcience, tho without troubling themfelves much with the means, they are right in the end. AND for the Military part, they provide, THAT no man (even in cafe of Invafion) be compellable to goi out of the Country where he lives, if he procures another to ferve in his room. Which plainly intails upon this Commonwealth aft Guard for fuch 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: fo every Citizen by mony procuring his man, procures his Mafier. Now if this be work of that kind which the People in like cafes ( as thoft alfo of Rome, when they inflituted their Tribuns ) do ufually make, then have I good reafon not only to think, but to [peak it audibly, That to foot h up the People with an opinion of their, own fufficiency in thefe things, is not to befriend them, hut to feed up all hopes of Liberty to the /laughter. Tet the Leveller, a late * Pamphlet^ having gathered out of Oceana the Principles by him otherwi/e well inftnua- ted, attributes it to the Agitators, or that Affembly ivhich framed this wooden Agreement of the People : That then fom of that Council af- ferted' thefe Principles, and the reafon of them. BVT Railery apart, we are not to think it has bin for nothing that the wifefi Nations have in the formation of Government as much relfd upon the invention of fom one man, as upon themfelves : for wheras it can- not be too often inculcated, that Reafon confifs of two parts, the one In- vention, tht other Judgment ; a People or an AJJembly are not more emi- nent in point of Judgment, than they are void of Invention. Nor is there in this any thing at all againjl the fufficiency of a People in the manage- ment of a proper Form, being once introduced, tho theyjhould never com to ' a perfe£l underfiandtng of tt. For were the natural Bodys of the People fuch as they might commonly under f and, they would be f as I may Ja^J wooden Bodys, or fuch as they could not ufe ; wheras their Bodys being now fuch as they under fi and not,are yet fuch as in the ufe and prefervation wherof they are perfeil. THERE are in Models of Government things of fo eafy practice y and yet of fuch difficult under fanding, that we mufl not think them even in Venice, who ufe their Commonwealth with the greatefi prudence and fa- cility, to be all, or any confiderable number of them, fuch as perfectly un- der ji and the true Reafon or Anatomy of that Government : nor is this a prefumtuous Jjfertion, fince none of thofe Venetians, who have hitherto written of their own form, have brought the truth of it to anyperfeEl light. The like perhaps ( and yet with due acknowlegement to LiVYJ might be faidofthe Romans. T^e Lacedemonians hadnot the right underftanding of their Model, till about the time of Aristotle it wasfrft written * A later Pamphlet call'd XXl^ Querys, xifing the Balance of Property, which is fair enough, refers it to Sir Thomas Smith's 1 5th chap. ( de Repiib. populi Ingam accommodanda ) where the Author fpeaks not one word of Property ; which is very foul, h 43* i3 2 The Preface. Book III. by D I C E A R C H u s one of his Scholars. Hoiv egregioujlj our Ancifiors ( till thofe foundations were broken which at length have brought us round) did adminifter the Englifll Government^ is fufficiently known. Tet by one of the wifefi of our Writers ( even my Lord Verulamj is Henry the Seventh parallePd with the Legijlators of antieut and heroic times, for the injiitution of thofe very Laws which have mw brought the Monarchy to utter ruin. The Commonwealths upon which Macchiavel in his Difcourfes is incomparable., are not by him, anj one of them, fufficiently explain' d or underflood. Much lefs is it to be expected from a People y that theyjhould overcom the like difficulty s, by reafon wherof the rvifefi Nations (finding thenifelves under the neceffitj of a change, or of a new Government ) indue'' d byfuch offers as promis''dfair, or agamjt which they could find no ex- ceptions, have ufually acted as men do by new Clothes ; that is, put them on^ that., if they be not exactly fit at firfi, they may either fit themfelves to the body in wearing, or t her by more plainly jhew whcrin they can be mended evert byfuch., as would other wife prove but had workmen. Nor has any fuch offer tin thought to have more Prefumtio:/, much lefs Treafon in tt, than if one confcious of his skill in Archite^ure, jjjould offer himfelf to the Prince or State to build a more convenient Par lament houfe. England is now in fuch a. condition^ that he who may be truly faid to give her Law., jhall never go- fvern her; and he who will govern her., JJjall never give her Law. Tet font will have it, that to affert Popular Power, is to fow the feed of Civil iVar^ and objetl again jl a Commonwealth, as not to be introduc''d but by Ar?ns ; which by the undeniable teflimony of later Experience, is of all other Ob- jections the moft extravagant : for if the good old Caufe, againjl the defire even of the Army, and of all men well affeBed to their Country, could be trod under foot without blood ; what more certain demonfiration can there be^ that ( let the deliberations upon, or changes of Government, be of what kindfoever which fljall pleafe a P ar lament ) there is oo appearance that they can occafion any Civil War ? Streams that are ftop*d may urge their Banks ; but the courfe of England, into a Commonwe.ilth, is both certain and natural. The ways of Nature require Peace : The ways of Peace require Obedience to the Laws: Laws in Rnghnd cannot be made but by P ar la- ment s : Par laments /» England are com to be mere popular Affemblys : The Laws made by popular Affemblys ( tho for a time they may be aw^d, or deceiv''d, in the end) mufi be popular La.vs : and the fum of popular Laws mufi amount to a Commonwealth. The whole doubt or hazard of this Con- fequence remains upon one quefiion. Whether a fingle Council confifi:ing but of four hundred, indu'd both with Debate and Refult ; the Kjys of whofe Doors are in the hands of ambitious men ; in the croud and confufion of whofe Election the People are as carelifs as tumultuous, and eafy,' thro the want of good Orders, to be deluded; while the Clergy ( declared and inve- terat Enemy s of popular Power ) are laying about, and frveating in the throng, as if it were in the Vinyard ; upon whofe Benches Lawyers ( being feather'' d and arnPd, like {harp andfuddin Arrows, with a priv.xt inter ejt pointblank again fi the Public ) may and frequently dofwarm, can indeed be calfd a popular Council. This, Iconfejs, maf ft the whole (late of Liberty upon the cafi of a Dy ; yet quefiionlejj it is ?nore than odds on the behalf of a Commonwealth, when a Government labors in frequent or long fir uggles, not thro any certain biffs of Genius or Nature that can be in fuch a Council., but thro the impotence of fuch Conclufons as may go .twry, arJ the external force or fate of Property now fully introduc'd: whence fucj a Council may wander, but never find any reft orfettkment, except only in that natural and ^ proper The Preface. f roper Form of Government xphkh is to be ereBei upon a, mere Popular Foundation. All other ivajis of preceding mujt be void^ as inevitably guilty of contradi[iion in the Superfiruclures to the Foundation ; which have amounted, and may amount to the difcour agement of honejl men^ but with no other fuccefs than to imbroil or retard Bufinefs : England be- 'ing not capable of any other permanent Form than that only of a Common' ivealth ; tho her fupreme Council be fo conjlituted^ that it may be Monarchi- cally inclined. This contradiction in the Frame is the frec^uent occajion of contradictory Expofiulations and Quejlions. Hon\ fay they, fhould we have a Commonwealth ? Which way is it pojjible that it jhould com in? uind how, fay 1, can we fail of a Commonwealth ? What pojjibility is there 7ve JJjould mifs of it ? J F a man reply s, he anfwers thus : No Army ever fet up a Common- ivealth. To the contrary, I inftance the Army of Ifrael under Moses ; that of Athens about the time of A l c i b i A D E s ; that of Rome upon the expulfion of the T A r Q^u i N s ; thofe of Switzerland and Holland. But, Jay they, other Armys have not fet up Commonwealths, True in- deed, divers other Armys have not fet up Commonwealths -^ yet is not that any Argument why our Armys jhould not. For in all Armys that have not fet up Commonwealths, either the Officers have had no Fortunes' or Eftates at all, but immediatly dependent upon the mere Will of the Prince, ' as the Turkifll Armjs, and all thofe of the Rafter n Country s ; or the Officers have bin a Nobility commanding their own Tenants. Certain it is, That either of theje Armys can fet up nothing but Monarchy. But our Officers hold not Eftates of Noblemen able upon their own hands to levy Regiments, in which cafe they would take home their People to plow^ or make Hay ; nor are they yet jo put to it for their Livelihood, as to de- pend wholly upon a Prince, in which cafe they would fall on robbing the People : but have good hone ft Popular Eftates to them and their Heirs for never. Now an Army, where the Eftaies of the Officers were of this kind, in no reafon can, in no experience ever did fet up Monarchy. Ay but, fay they.^ for all that, their Pay to them is more confider able than their Eftates. But, fo much more muft they be for a Commonwealth, becaufe the Parlament mujl pay : and they have found by experience, that the Pay of a Parla~. rnent is far better than that of a Prince. But the four hundred being Monarchically tncUn'd, or running' upon the Intereft of thofe irreco/icila- hle Enemy s of Popular Power, Divines and Lawyers, will rather pa.) an Army for commanding, or for Jupporting of a Prince, than for obeying. Which may be true, as was acknoivleg^d before^ in the way; but in theendy or at the long run, for the reafons mention' d, muft be of no effeil. THESE Arguments are from theCauJe; now for an Argument to Senfe, and from the Efteci : If our Armys would raife Mony of themfelves^ or, which is all one, would make a Kjng, why have they not made a KJng in Jo many Tears ? Why did they not make one yefterday ? Why do they not today ? Nay^ why have they ever bin, why do they ftill continue to be of all others in this point the moft averfe and refractory ? BVT if the cafe be fo with us, that Nature runs wholly to a Common- wealth, and we have no ftich Force as can withftand Nature, why may we not as xvell have golden Dreams of what this Commonwealth may be, as of ?^elndys, oj Flanders, or ^e Sound,? The Frame of a Commonwealth may be dreamt on, or proposed two ways ; the one in Theory, or notionally^ in which it is of eafy underftanding, but of difficult practice : The other practicably^ in whjch it. is of difficult under jlandingj but of facil ufe. K k k One ^n A7A The Preface. Book III. One of thefe ways if a Shooinghorn^ ami the other the Shoo; for which caufe y-x^'^s/"'''^! fhallfropofe both^ as frfl nationally^ thm : TheModtipro- I. THAT the native Territory of the Commonwealth be divid- foi'dmtmai!):^^ fo equally as with any convenience it may, into fifty Tribes or Precinds. 2. THAT the People in each Tribe be diftinguifli'd, firft by their Age, and next by the valuation of their Eflates : All fuch as are a- bove eighteen, and under thirty, being accounted Youth ; and all fuch as are thirty or upwards, being accounted Elders. All fuch as have under one hundred pounds a year in Lands, Goods, or Mony, being accounted of the Foot ; and all fuch as have fo much or upwards, be- ing accounted of the Horfe. ^. THAT each Tribe elefl: annually out of the Horfe of their number two Elders to be Knights; three Elders out of -the fame, and four Elders more out of the Foot of their number, to be Deputys or Burgeffes. That the term of each Knight and Burgefs, or Deputy fo eleQed, be triennial ; and that whoever has ferv'd his triennial Term in any one of thefe Capacitys, may not be reelefted into any one of the fame, till a triennial Vacation be expir'd. 4. THAT in the firft year of the Commonwealth there be a Se- • nat fo conllituted, of three hundred Knights, that the term of one hundred may expire annually ; and that the hundred Knights, annual- ly elefted by two in each Tribe, take in the Senat the places of them "whofe Term corns to be thus annually expir'd. 5. THAT in the firft year of the Commonwealth there be a Reprefentative of the People, confifting of one thoufand and fifty De- putys ; four hundred and fifty cf them being Horfe, and the reft Foot. That this Reprefentative be foconftituted, that the term of two hun- dred of the Foot, and of one hundred and fifty of the Horfe, expire annually ; and that the two hundred Foot, and one hundred and fifty Horfe elecled annually, hy four of the Foot, and three of the Horfe in each Tribe, take the places in this Reprefentative of them whofe terms corns thus annually to be expir'd. 6. THAT the Senat have the whole Authority of Debate ; that the Reprefentative have the whole power of Refult, in fuch a manner, that whatever (having bin debated by the Senat) fball by their Au- thority be promulgated, that is, printed and publiPii'd, for the fpace of fix weeks ; and afterwards ( being propos'd by them to the Repre- fentative) Ikall be refolv'd by the People of the fame in the Affirma- tive, be the Law of the Land. T HVS much may fuffice to give imflicitly a notional account of the rvhole frame. But a, Model of Government is nothing as toafe, unlefs it he alfo deliver'' d fracficably ; and the giving of a Model fraBicably, is fo much the more difficult, that men^ not vers'd in thisrway, fay of it ( as they would of the Anatomy of their own Bodys ) that it is imfr amicable. Here . lys the whole difficulty : fuch things as, trying them never fo often, they ^ cannot make hang together^ they will yet have to be fra£licable ; and if you would bring them from this kind of fhifts, or of tying and untying all forts of knots, to the natural nerves and ligaments of Government , then with them it is impr amicable. But to render that which is practicable, facil ; or to do my lajt indeavor of this kind, of which if Imifs this once more, I mufl hereafter defpair : 1 fball do two things j firfl, omii the Ballot, and then makefom alteration in my former method. THET \ Th An of Lawgiving, ^55 THET who have interwoven the Ballot mth the defiripttdit -j merit I am by no means inclining : Firft, Becaufe the whole ftream of this kind of Government is fo clear and pellucid, as to abhor having any thing in the bottom which may not appear at the very top. Se- condly, Becaufe an Agrarian^ not brought in with the introduftion of a Commonwealth, was never yet known to be brought in after theintro- duftion of a Commonwealth. And thirdly, Becaufe the change of Ba- lances in States, thro the want of fixation, has bin fofudden,that between the Reign ot Henry the Seventh, and that of Queen Elizabeth^ being under fifty years, the Ef7glijh Balance of Monarchical became Popular; and that of Rome, between the Lives of Scipio and of Tiberius Gracchus, being alfo under fifty years, of Popular became Monarchical. Neverthelefs, if there remains any cure of Animcfity that may be fife, it mufl; be prudent : And fuch a cure (if we be not fo abandon'd to mere fancy, as to facrifice all Prudence to it ) there may be in the addition of this Claufe ; Additional THAT MO Agrarian Law hereby given tothis Commonrvedth^ or to ciaule to the y hereafter ('i'ven to the fame, or to am Province of the fame, he under- Agrarian. , ^ f " » ■/• / • i- » i ^^ ■ i flood to he othermje bindings than to the Generation to com^ or to the Children to be horn [even years after the ena^ing of the L^tv. UPON the addition of this Claufe, it may be fafely faid of thefe Agrarian Laws, that they concern not any man living : and for Poflre- rity, it is well known, that to enaft a Law, is no more in their regard, than to commend a thing to their choice ; feeing they, if fo pleas'd, can no more be devefted of the Power to repeal any Law enafted by their Anceftors, than we are of repealing fuch Laws as have bin enaft- ed by ours. TO this it may be objefted. That ^^^'r^m;? Laws, being once e- naSed, muft have brought Eflates to the liandard of the fame, before Pofterity can com into a capacity to judg of them. But this is the only means wherby Pofierity can com to a true capacity to judg of them: Firft, becaufe they will have had experience of the Laws wherof they are to judg : And fecondly, becaufe they will be void of all fuch imaginary Interefts as might corrupt their Judgment, and do now certainly corrupt ours. The firft Pa- THE Balance of the Commonwealth ofi/rW, thro the diftribu- raUei. jJqj^ q^ Lands at the introduft ion of the fame, became Popular ; and becoming Popular, was fix'd by the Law for the Jubile. That rvhich Deut. 25.28. jvasfoldy jhall remain in the hands of them that bought it till the year of Jubile ; and in thejahile it jhall go out, and he jfjall return to his fojfeffi' on. The ways in Ifrael^ and in the Commonwealth propos'd, where the Popular Balance is not made but found, are divers ; but the Agra- rian Laws in each, as to the end, which is the prefervation of the Balance, are of a like effeft. TO rife thus from true Foundations to proper SuperftruGures, the firft ftep from the Balance thus fix'd into the Orders of a Common- wealth, is not otherwife to be taken than by certain Diftributions or Divifions of the People, wherof fom are to be perfonal,and fom local. Fremcn and THE firft' perfonal divifion of a People, is into Freemen and Ser- senunts. ygnts. Frecmcn are fuch as have wherwithal to live of themfelves j and Servants, fuch as have not. This divifion thcrforc is not conftitu- tive, but naturally inherent in the Balance ; nor, feeing all Govern- ment is in the diredion of the Balance, is it poftible tor the Super- ^ ftructures- 1 r The Art of Lawgiving, 407 iflruflures of any to make more Freemen than are fuch by the nature Chap. i. of the Balance, or by their being able to live of themfelves. «-o ALL that could in this matter be don, even by Moses himfelf, is ne fecondpa- contain'd in this Provifo : If thy Brother that dwells by thee be grown poor ^''"^h and be fold to thee^ thoajJy/t/t not compel him toferve us a bondfervant : but ^^"* ^^' ^^' as a hir''d fervant, and a fojourner he f ball be jvith thee^ and fljjl ferve thee to the year of fubile. And then fjall he depart from thee, both he and his Children with him^ and ^h all return to his own Family, and to the Poffeffion of his Fathers Jhall he return. THE nature of Riches confider'd, this divifion into Freemen and Servants is not properly conftitutive, but as it were natural. To com to fuch Divifions as are both perfonal and conftitutive, it is pro- posed, T HA T all Citizens, that is, Freemen, or fuch as are not Servants 5» he difiributed into Horfe and Foot. That fuch of them as hAve one han- p"*^^^ ^""^ dred pounds a year in hands. Goods or Many, or above that Proportion be of the Horfe ; and all fuch as have under that proportion, be of the Foot. T HAT all Elders or freemen, being thirty years of Age or upwards, be 4- _. capable of Civil Adminijlration : and that the Touth, or fuch Freemen as Youth, are between eighteen years of Age and thirty, be not capable of Civil Ad- mini fir ation, but of Military only ; in fuch a manner as fljall follow in the Military part of this Model. N O W, befides perfonal divifions, it is necelTary in order to the framing of a Commonwealth, that there be fom fuch as are local For thefe therfore it is propos'd, T HA T the whole native, or proper Territory of the Commonwealth, s. be cajl, with as much exaElnefs as can be convenient, into known and fx' d^^ff^^°^ ^^^ Precin£is or Parifjes. T HA T the Elders, refident in each Parijh, annr/ally affemble in the 6. fame ; as for example, upon Monday next infuing the laji of Decembero ^^''°-'^'^' Con- That they then and there elect out of their own number every ffth man, or Deputys"^ " one man out of every five, to be for the term of the year infuing^ a Deputy of that Parifh ; and that the firfl andfecondfo eleBed be Overfeers, or Pre~ jidents^ for regulating of all Parochial Congregations, whether of the Elders or of the Touth, during the ter?nfor which they were eleBed. T HAT fo many Parities lying nearejl together, whofe Deputy s fhall . "' amount to one hundred or ther about, be cafl into one Precinct calVd the the Hundred; Hundred. And that in each Precinct called the Hundred, there be a Town, Village.^ or place appointed to be the Capital of the fame. THAT the Parochial Deputy s eleBed throout the Hundred, affemble S, annually ; for example, upon Monday next infuing the lafl of January, at MuT'^'^f^'^. ^ the Capital of their Hundred. That they then and there eleB out of the Hundred. Horfe of their number one "Jaflice of the Peace, one furyman, one Captain, one Fnfign : and out of the Foot of their number, one other furyman, one High Conflable, &c. T H O our Juftices of the Peace have not bin annual, yet that they may fo be is apparent, becaufe the high Sherifs, whofe Office is of greater difficulty, have always bin annual: feeing therfore they may be annual, that fo they ought in this Adminiftration to be, will ap- pear, where tliey com to be conftitutive of fuch Courts as, fLould they confift of a ftanding Magiftracy, would be againft the nature of a Commonwealth. Kut the Prccinfts hitiieito being thus ftated, it is propobM, THAT '^^8 The Art of Lajvgivingi Book III. T HA T every twenty Hundreds^ lying nearefi and mofl conveniently Ly^N/'Xu' together^ be caji into one Tribe. That the whole Territory being after this TrfdJioi il«: wanner ca/l into Tribes., fom Town., Ftllage., or face be appointed to every Tribe. " Tribe for the Capital of the fame. And that thefe three Precincts, that is, the Parijb, the Hundred, 4fid the Tribe ( whether the Deputy s, thenceforth annually chofen in the Pmjhes or Hundreds, com to increafe or dimimjhj remain firm and inalterable for ever, fave only by A£i of Par lament, 1' H E S E Divifions, or the like, both perfonal and local, are that in a well order'd Commonwealth, which Stairs are in a good houfe ; not that Stairs in themfelves are defirablcj but that without them there is no getting into the Chambers. The whole matter of Coft and Pains, iiccelTary to the introduction of a like Model., lys only in the firft Architefture, or building of thefe Stairs ; that is, in flating of thefe three Precinds : which don, they kad you naturally and neceffarily into all the Rooms of this Fabric. For the )ufl: number of Tribes into which a Territory thus call: may fall, it is not very eafy to be gueft: : yet, bccaufe for the carrying on of difcourfe it is requifit to pitch upon fom certainty, I fliall prefume that the number of the Tribes, thus Hated, amounts to fifty ; and that the number of the Parochial De- puty s annually defied in each Tribe, amounts to two thoufand. Be the Deputys more or fewer by the alterations which may happen in progrefs of time, it diforders nothing. Now to afcend by thefe Stairs into the upper Rooms of this Building, it is proposed, lO' T HA T the Deputys elected in the fever al Par/fljes, together with their tmSirthc Magiflrats and other Officers both Civil and Military, elected tn their feve- Tnbe. ral Hundreds, affemble or mufler annually ; for example, upon Monday next infuing the lafl of February at the Capital of their Tribe. HOW the Troops and Companys of the Deputys, with their Military Officers or Commanders thus affembl'd, may, without ex- pence of time, be ftraight dilfributed into one uniform and orderly ^laOccMit. Body, has bin elfwhere * fhewn, and is not needful to be repeated. For their work, which at this meeting will require two days, it is propos'd^ . II- T H AT the whole Body thus aJfembPd, upon the fir ft day of the AJfem» ^e^TrTbe.° ^/y, elect out of the Horfe of their number one High S her if, one Lieute- nant of the Tribe, one Cuftos Rotulorum, one Conductor, and two Cen- Jors, That the High Sherif be Commander in chief, the Lieutenant: Commander in the jecond place, and the Conductor in the third, of this 'Band or Squadron. That the Cuftos Rotulorum be Muftermafter, and keep the Rolls, That the Cenfors be Governors of the Ballot. And that the term of thefe Alagiftracys be annual. 1' H E S F; being thus ele6led, it is propos' d, I- 7' HAT the Magiftrats of the Tribe, that is tofiy, the High Sherif tr.'c Troop.^^' Lieutenant, Cuftos Rotulorum, the Cenfors, and the Conduftor, toge- ther with the Magiftrats and Officers of the Hundreds, that is to Jay, the twenty Juftices of the Peace, the forty Jurymen, the twenty High ConftableSy he one Troop, or one Troop and one Company apart, calPd the Prerogative Troop or Company. That this Troop bring in and affift the ftfhces of Affiz^e, hold the f^uarter Seffions in their fever al Capacity s, and perform their other ¥ unci ions as formerly. B Y this means the Commonwealth at its introduction may imbracc the Law as it ftands, that is, unreform'd ; which is the greatefl advan- tage of fuch Reformation^. : for to reform Laws before tiic introduftion The Art of Lrfwgivmg. of the Government, ■ which is to flicw to what the Laws in Refor- mation are to be brought or fitted, is impofTible. But thefe Magi- ftratsof the Hundreds and Tribes being fuch wherby theParlament is to govern the Nation, this is a i-egard in v\'hich they ought to be fur- ther capable of fuch Orders and Inftruftions as fhall therto be requt- fit : For which caufe it is propos'd, . THAT the Magiftrats of the Tribe, that is to fay, the High Sherif i?- Lieutenant, Cuftos Rotulorum, the Cenjors, and, the Conductor, /£?<7£.. ^''^ ^^y'^""*^''' ther with the twenty fufices elected at the Hundreds, be a Court for the Government of the Tribe call'd the PhyJarch ; and that this Court procede in all matters of Government, as /hall from time to time be dtreited by Act of Parlament. BY thefe Courts the Commonwealth will be furnifh'd with true Channels, wherby at leifure to turn the Law into that which is fuf- ficiently known to have bin its primitive Courfe, and to a perfect Re- formation by degrees, without violence. For as the corruption of our Law precedes from an Art inabled to improve its privar Lirerell: ; or from the Law upon the Bench, and the Jury at the Bar; So the Refor- mation of our Law muft com from difabling it as an Art to improve its privat Intereft ; or to a Jury upon the Bench, and the Law at the Bar, as in Fenice. Judges and officers /halt thou make thee in all thy Gates which the j, . ■ . , p,_ Lord thy God gives thee throout thy Tribes, and they fj all judg the People n\kl with jujl Judgment. Thefe Courts, whofe SefTionhoule was in the^^"^- ^^- ^^' Gates of every City, were fhewn each of them to have confilfed of gg^,, .. twenty three Elders, which were as a Jury upon the Bench, giving fentence by plurality of Votes, and under a kind of appeal tc the fe- venty Elders or Senat of Ifrael, as was alfo fliewn in the fecond Book. THIS, or the like, by all example and beyond any controverfy, 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 eafe and very fmall altera- tion to be cafl: upon a triennial Rotation : which, in all things befides preceding after the manner of the Kf«efM» Quarancys, will be in this cafe perfeG; Orders. TO return : The firft Day's Eledion at the Tribe being as has bin fliewn, it is propos'd, T HAT the Squadron of the Tribe, on the fecond day of their Ajfem- hly, elect two Kjiights and three Burgejfes out of the Horfe of their num' Knighcsand her, and four other Burgejfes out of the Foot of their number. That Burgetles. each K^^ight upon Election forthwith make Oath of Allegiance to the Com- monwealth ; or refufmg this Oath, that the next Competitor in Election to the fame Magijlracy, making the [aid Oath, be the Magijirat : the like for the Burgejfes. That the Kjiights, thus fvorn, have Seffion in the Senat for the term of three years ; and that the Burgejfes thus jworn be of the Prerogative Tribe, vr Reprefentative of the People for the like term. N O VV wheras this Propofition is fufRcient tor the perpetuation of the Senat and theAlfembly of the People, being once inftituted, but not fufficient for the full and perfect Inftitution of them, it neceflitacs the addition in this place, not of a permanent Order, but of an Expe- dient for the firft years Eleftion only ; which may be this : " THAT T'he Art of Lawgiving, ti. Provifo. Book 111. " '-T HA T for the full and perfecf Injlitution of the Ajfembljs mention* d^ i.V^T'V' '' the Saundron of the Tribe in the frfi year of the Commomvealth elect ^h^'^firft'vcors" /'"<' Kjiights for the term of one year, two other Kjiights for the term ^kftion.' " of two years, andlaftly, tivo K^mghts more for the term of three years : " the like for the Burgejfes of the Horfe firfi, md then for thofe of the " Foot. B Y this Expedient the Senat in fifty Tribes is conftituted of three hundred Knights or Senators, wherof one hundred, by the expira- tion of their terms, com annually to fall ; and another hundred at the fame time to enter. The like for the Prerogative Tribe or AfTembly of the People, which, confifting in the whole of one thoufand and fifty, jfuffers the like alteration in one third part, or in the yearly exchange of one hundred and fifty BurgefTes : By which means the Motion or Ro- tation of thefe AlTemblys is Annual, Triennial, and Perpetual. For the full 'difpatch of the foregoing Eleclions there remains but one Pro- pofition more, which is this : T HAT a Magiflrat or Officer elecled at the Hundred be therby exclud- ed from being elected a Magiflrat of the Tribe, or of the firfl days Eltciion : that no former Election xvhatfoever exclude a man from the fecond days Election at the Trtbe, or to be chofen a Isjiight or Burgefs. That a man being chojen a Kjiight or Burgefs, who before was chojen a. Magiflrat or Officer of the Hundred or Tribe, delegat his former Office, or Magijiracy in the Hundred or the Tribe, to any other Deputy being no Magiflrat nor Officer, and being of the fame Hundred and of the fame Order, that is, of the Horfe or Toot reflectively. That the whole and every part of the fore- going Orders for Election in the Parijhes, the Hundreds, and the Tribes, be holding and inviolable upon fuch Penalty s in cafe of failure, as fljall hereafter he provided by Act of Par lament againfi anyParijh, Hundred, Trtbe, Deputy or Perfon fo offending. WITHOUT fom fuch Provifion as is contain'd in the former part of this Propofition, men would be inconveniently excluded from preferment, or the Tribe oblig'd to return to the Ballot ; and fo to fpend more time for trifles than is requir'd by their real bufi- nefs. - THE Reprefentative of //r^e/ collected monthly by the two thou- fand out of each Tribe (if we confider what Method muft have bin us'd in fuch Elefbions) intimats, firft, that there were Subdivifions to that end in each Tribe, perhaps of the nature of our Hundreds and Parifhes : Secondly, that' there were qualifications in thole Eleftions as to the Patriarchs or chief Fathers, and as to the People with their Captains of thoufands, and Captains of hundreds j which is enough thus lar to approve and recommend the foregoing Propofitions. THE Scnat, and the Congregation or Reprefentative of the Peo- ple, are in every Commonwealth the main Orders. The Stairs or De- grees of afcent to thefe being now mounted, it remains that I lead you into the Rooms of State, or the Aflemblys themfelves : which fliall be perform'd, firft, by fhewing their Frame, and next by fhe wing their Ufes or Funftions. To bring you firft into the Senat, it is propos'd,? 16. T H AT the Kjiights of the Annual EleBion in theTribes take their Frame of che places on Monday next infuing the lafl of March in the Senat. 1 hat the like number of Kjiights, vehofe Seffion determins at the fame time, recede. That every Kjiight or Senator be paid out of the public Revenue (quarterly, one hundred twenty five Pounds during his term of Seffion, and be obliged to fit in purple Robe). THAT The fourth Pa- rallel. 2 Chron. 27. The Art of Lawgiving, 441 THAT arm u ally, upon the reception of the nem Isjiights^ the Smat Chap, r, f/rocede to the Ekciion of }mv 3iagijlrats and Counfillors. That for ]\Li- ^-^^''^^'''^swJ gijlrnts they eleci one General^ one Speaker^ and two Cenfors, each for the Senator/an term of one year ; thefe promifcuoujly : and that they ele[i one Commijjioner Magiftrats. of the Great Seal^ and one Commiffioner of the Treafury, each for the term of three years, and out of the new Kjiights only. THIS Proppfition fuppofes the Commiflioners of the Seal and thofe of the Treafury to confift each of three, wheel'd by the annual Eleftionof one into each Order, upon a triennial Rotation. For far- ther explanation of the Senatorian Magiftracys, it is propos'd, THA T the General and Speaker, m CONSVLS of the Common- the General tvealth, and Prejidents of the Senat, he, during the term of their Magi- fitting, and flracy, paid quarterly five hundred Pounds : That the In f ens of thefe '^^^ Speaker. Magiftracys be a Sword born before the General, and a Mace before the Speaker : That they be obliged to wear Ducal Robes ; and that what is [aid of the General in this Propofition^ he underflood only of the General fit ting, and not of the General marching. THAT the General fitting, in cafe he be commanded to march, ^fcw'i/e the General Field Pay ; and that a new General be forthwith ele£ledby the Senat to fuc- marching, cede him in the Houfe, with all the Rights, Infigns, and Emoluments of the General fitting : And this fo often as one or more Generals are marching. T HAT the three Commifjioners of the Great Seal, and the three Cem- commimo- miffioners of theTreafury, ufing their Infigns and Habit, and performing nenoi the their other Functions as formerly, be paid quarterly to each of them three ^^^^^"^°^^^^ hundred feventy five Pounds. '^ ^ ""^^^ THAT the Cenfors be each of them Chancellor of one Vniverfity ^J The Cenfors. •virtue of their Election : that they govern the Ballot ; that they be Pre- fidents of the Council for Religion ; that each have a filver Wand for the Infign of his Magifiracy ; that each be paid quarterly three hundred feventy five Pounds, and be obli^d to wear fear let Robes. THAT the General fitting, the Speaker, and the fix Commifiioners ^^,^^^'^,^ ahovefaid, he the Signory of this Commonwealth. T H I S for the Senatorian Magiftrats. For Senatorian Councils it is propos'd, T HAT there he a Council of State con fifing of fifteen Kjiights, five qq.^^^{ ^i^ out of each Order or EleBion; and that the fame he perpetuated by the Sate, annual Election of five out of the new Kjiights, or lafl elected into the Senat. THAT there he a Council for Religion confifling of twelve Kjiights, q^^^^^^^^,^ four out of eitch Order, and perpetuated by the annual Election of four out Religion, of of the Kjiights laft eleBed into the Senat. That there be a Council for ■^'^'*^- Trade, confifling of a like number, ele£ted and perpetuated in the fame manner. THAT there be a Council of War., not eleHed by the Senat, but elect- counc'aoi ed by the Council of State out of thernf elves. That this Council of War War. confift of nine Kjiights, three out of each Order, andbe perpetuated by the annual EleBion of three out of the la^ Kjiights elected into the Council of State. T HA T in cafe the Senat adds nine Kjiights more out of their own num- xhe Diftator. her to the Council of War, the faid Council be underftocd by this addition to be DICTA TO R of the Commonwealth for the term of three months, and no longer, except by farther Order of the Senat the faid Dictator ian Power be prolong d for a like term. Lll THAT The Art of Lan?giving. 29. Academy / 30. F,ii!balfadors in ordinary. 27- T HJ T the Sigttory have Seffton and Suffrage, with right alfo ]ointh The Propofcrs ^^ ji^^^jly fo proPofe^ both in the Senat and in all Senatonan Councils. ^^°*^"2*8. THAT each of the three Orders^ or Diviftons of Kjiights m each Provofts, or Senator ian Council^ elect one Provofl for the term of one week ; and that po/c'rs"''"^ ^'^°' any two Provofis of the fame Council fo elected may propofe to their refpe^ive Council, and not otherrvife. T HAT fom fair Room or Rooms well furnijh'' d and attended, be allow' d at the States charge for a free and open Academy to all comers at fom conve- nient hour or hours towards the Evening. That this Academy be governed according to the Rules of good Breeding, or civil Converfation, by fom or all of the Propofers ; and that in the fame it he lawful for any man bj word of mouth or bj writing, in jejl or in earnejlj to propofe to the Pro- pofers. FROM the frame or ftru6lure of thefe Councils, I fliould pafs to their Funftions ; but that befides annual Eleftions, there will be fom biennial, and others emergent : in which regard it is proposed, firft, for biennial Eleftions, T HA T for Embajfadors in ordinary, there be four Refidences ; as France, Spain, Venice, 4»dConftantinople : that every Refident, upon the EleHion of a new Embajfador in ordinary, remove to the next Rejidence in the Order nominated, till having fervid in them all^ he returns home. That upon Monday next infuing the laji of November, there be every fecond year elecJed by the Senat fom ft Per/on, being under thirty five years of Age, and not of the Senat or popular Ajfembly : that the Party fo ele^ea, repair upon Monday next infuing the lafl of March following, as Em- bajfador in ordinary to the Court of France, and there refde for the term of two years, to be computed from thefrji of April next infuing his EleSti- on. That every Embajfador in ordinary be allowed three thoufand pounds ayear during the term of his Rejidences ; and that if a Refdent corns to dj, there be an extraordinary Election into his Refdence for his term, and for the remainder of his Removes and Progrefs. T HAT all emergent EleBions be made by Scrutiny, that is, by a. Council, or by Commifjioners propofing, and by the Senat refolving in the manner following : That all Field'Officers be propos''d by the Council of War ; that all Embajfadors extraordinary be propos'd by the Council of State ; that all 'fudges and Serjeants at Law be profos'*d by the Commifjio- ners of the great Seal ; that all Barons and Officers of Truft in the Ex- chequer, be propos''d by the Commifjioners of the Treafury : and that fuch as are thus propos''d, and approv'^d by the Senat, be held lawfully eleBed. THESE EleQions being thus difpatch'd, I com to the Funftions of the Senat, and firft, to thofe of the Senatorian Councils : for which it is propos'd, T HAT the cognizance of all matters of State to be confider''d, or Law to be enacted, whether it be Provincial or National, Domejlic or Fo- ren, pertain to the Council of State. That fuch Affairs of either kind, as they jball judg to require r/iore Secrecy, he remitted by this Council, and belong to the Council of War, being for that end a feleii part of the fame. That the cognizance and prote[iion both of the National Religion, and of the Liberty of Confcience equally efiahlijh din this Nation, after the man- ner to be fbewn in the Religious part of this Model, pertain to the Council for Religion. That all matters of Traffic, and the regulation of the fame belong to the Council of Trade. That in the exercife of thefe fever al Fun5li- ons, which naturally are Senatonan or Authoritative on'-j^ no Council I Emergent Eleftions. Funftion of ihe Senacorian Councils. The Art of Lawgiving, 44^ ajftnne any other Vomer than fiich only as f jail be fettled upon the fame by Chap, i- Aci' of Parlament. L-/"V~V. THAT rvhatfhaUbe propos'd to the Senat by anyone or more of the ^ „??• ^ iitgnory or Propojers general ; or whatever was propos a by any two of the che Senac. Provofts or particular Propofers to their refpecfive Council, and upon de- bate at that Council jhall com to be propos'* d by the fame to the Senat ^ be ne- cejfarily debatable and debated by the Senat. That in all cafes wherin Power is committed to the Senat by a, Law made, or by A£i of Parlament, the Refult of the Senat be ultimat : that in all cafes of Law to be made, or not already provided for by an A£i of Parlament, as War and Peace, levy of Men or Mony, or the like, the Refult of the Senat be not ultimat. That whatfoever is refolv'd by the Senat, upon a cafe wherin their Refult is not ultimat, be propos''d by the Senat to the Prerogative Tribe or Reprefen- tative of the People ; except only in cafes of fuch [feed or fecrecy, wherin the Senat Jhall judg the necejfary Jlownefs or opennejs in this way of pro- ceding to be of detriment or danger to the Commonwealth. T HA T if upon the motion or propojition of a Council or Propofer ^ „?*• - General^ the Senat adds nine Kjiights promifcuoujly chofen out of their own the Diftacor. number, to the Council of War ; the fame Council, as therby made Di^la- tor, have power of Life and Death, as alfo to ena£f Laws in all fuch cafes of fpeed or fecrecy, for and during the term of three months and no longer, except upon a new Order from the Senat. And that all Laws enabled by the Dictator be good and valid for the term of one year, and no longer ; except the fame be propos'' d by the Senat, and refolv'd by the People. THIS Diftatorian Council (as may already appear) confifts fundamentally of the Signory, with nine Knights elefted by the Council of State, additionally of nine Knights more emergently cho- fen by the Senat, and of the four Tribunsof courfe; as will appear when I com to fpeak of that Magiftracy. Now if Diftaiorian Power be indeed formidable, yet this in the firfl: place is remarkable, that the Council here offer'd for a Diftator is of a much fafer Conftitution, than what among us hitherto has bin offer'd for a Commonwealth ; namely, a Parlament and a Council in the interim. For here is no in- terim, but all the Councils of the Commonwealth not only remaining, but remaining in the exercife of all their Funftions, without the abate- ment of any ; fpeed and fecrecy belonging not to any of them, but to that only of the DiQator. And if this Diftatorian Council has more in it of a Commonwealth than has hitherto among us bin either praftis'd or offer'd, by what Argument can it be pretended that a Commonwealth is fo imperfefl: thro the neceflity of fuch an Order, that it muft needs borrow of Monarchy ; feeing every Monarchy that has any Senat, Affembly, or Council in it, therby moft apparently borrows more of a Commonwealth, than t-here is to be found of Monarchy in this Council ? T O dimifs this whole Senat with one Parallel : The inftitution of ^*^ ^^'* ^''' the feventy Elders in Ifrael (as was fhewn in the fecond Book) for" their number related to an Accident, and a Cuftom therupon antiently introduc'd. The Accident was that the Sons of Jacob who went into Egypt were fo many ; thefe, firft governing their Familys by na- tural right, came, as thofe Familys increas'd, to be for their number re- tain'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 Cuftom, have as to the number no like Inducement, Again, the LI! 2 Terri- 444 ^'^^ ^^^ ^f ^^^g^'^'^ng. Book III. Territory of Camm amounted not to a fourth of our Country ; and u?''^/""^J in Government we are to fit our felves to our own proportions. Nor can a Senat, confifting of few Senators, be capable of fo many diftri- butions as a Senat confifting of more. Yet we find in the reftitution 2Chr.1p.11. of the Sanhedrim by Jehoshaphat, that there was Ama- R I A H chief in all matters of the Lord, that is, in judgment upon the Laws, which, having bin proposM by God, were more pecuHarly his matters ; and Ze b a d i a h chief in all the Kjn^s matters^ that is, in political debates concerning Government, or War and Peace. Laftly, judg.ii.5,iiH'7;e« the Children of Ammon made War againfi Ifrael, the People of Ifrael made J e p h t h a not only Captain, but Head over them. So the Judg of Ifrael, being no ftanding Magiftrat, but elefted upon emergencys, fupplys the Parallel as to Diftatorian Power in a Com- monwealth. . D E B A T E is the natural Parent of Refult ; whence the Senat throout the Latin Authors is call'd Fathers, and in Greec Authors the compellation of a popular Affembly is Men ; as Men of Athens, Me» Aft. 7. z. &c.of Corinth, Men of Laced emon : nor is thisCuftom Heathen only, 22- J- feeing thefe Compellations are us'd to the Senat and the People of the In/JtyZru'jervs, not only by Stephen, but alfo by Paul, where they be- skiii'd in the gin their fpeeches in this manner: Men, Brethren, and Fathers. To cuikms of ^^^ jj^gj^ £j.Qj^ j.|^g Fathers to the People, the Popular Affembly, or Common- .... ,, ^^ '■ •' ' wealths. Prerogative Tribe ; it is propos d, .35- T H AT the Burgejfes of the annual Flexion returned hy the Tribes, Prerogative ^^^^^^ i>^to the Prerogative Tribe upon Monday next infuing the laft of Tribe. March ; and that the like number of Burgejfes, ivhofe term is expir''d, re- cede at the fame time. That the Burgejfes thus enter''d ele£i to themfelves out of their own number, two of the Horfe ; one to be Captain, and the other to he Cornet of the fame : and two of the Foot; one to be Captain, the other to be Infign of the fame, each for the term of three years. That thefe Officers being thus eleBed, the whole Tribe or Jffembly procede to the Eleiiion of four annual Magifirats ; two out of the Foot, to be Tribuns of the Foot : and two out of the Horfe, to be Tribuns of the Horfe. That the Tribuns be Commanders of this Tribe in chief, fofar as it is a Military Body; and Prefidents of the fame, as it is a civil Affembly. And lafilyy that this whole Tribe be paid weekly as follows. To each of the Tribuns of Horfe, feven pounds. To each of the Tribuns of Foot, fix pounds. To each of the Captains of Horfe, five pounds. To each of the Captains of Foot, four pounds. To each of the Cornets, three pounds. To each of the Infigns, two pounds feven fhilltngs. To every Horfeman two pounds, and to every one of the Foot one pound ten fhillings. FOR the Salarys of the Senat and the People together, they a- mount not to three hundred thoufand pounds a year ; which is cheaper by near two parts in three, than the chief jVIagiftracy ever did or can other wife coft; for if you give nothing (^omniadat qui jujla negat) men will be their own Carvers. But to procede, it is proposed, 35. THAT inferior Officers, as Captains, Cornets, Infigns, he only for Officers"^ ^''^'^^ M//>/!rj Difciplin of the Tribe. That the Tribuns have Seffion in the Senat without fuffrage ; that they have Seffion of cotirfe in the DiBatorian Council, Jo often as it is created by the Senat, and with Juf frage. That they be Pref dents of the Court in all cafes to be judgd by the People. THAT The Art of Lajpgiving, 445 THAT Peculator Defraudation of the Public^ and all cafes tending Chap. i. to the fubverfwn of the Government^ be triable by this Reprepntattve ; v-^'v^v-. and that there be an Appeal to the fame in ail Caufes^ and from all Magi- Appea/co the fir at s^ Courts, and Councils, whether National or Provincial. People. THIS Judicatory may feem large: but thus the Congregation of'^'^'-' /"^tb p.,- Ifrael, confifting of four hundred thoufand, judg'd the Tribe of Ben-Vj'^!^ jamin. Thus all the Roman Tribes judg'd Coriolanus. And thus Haiiar. Duke LoREDANo was try'd by the great Council of Venice^ con- Janocti. fifting yet of about two thoufand. THIS is as much as I have to fay feverally of the Senat and the People; but their main Fundions being joint, as they make one Paria- ment, it is farther propos'd, THAT the right of Debate, as alfo of prof oft ng to the People, be The. main rvhoUj and only in the Senat ; without any power at all of Refultj not de- ^nn^ion of riv'dfrom the People. '"^^ ^<="«- T HAT the power of RefuU be wholly and only in the People, with^rhe main out any right at all of Debate. Funftion of T HAT the Senat having. debated and agreed upon a Law to be pro-^^^ Preroga- fos''dy caufe promulgation of the fame to be made for the /pace of fix weeks 40. before proportion ; that is, caufe the Law to be printed andpublifh^dfo long P''o'"u'g3tion, before it is to be proposed. T HA T promulgation being made, the Signory demand of the Tribuns, Manner* of being frefent in the Senat, an Affembly of the People. That the Tribuns, Fropofition. upon fuch a demand of the Signory or of the Senat, be obliged to ajfemble the Prerogative Tribe in Arms by found of Trumpet, with Drums beatings and Colors flying, in any Town, Field, or Market place being not above fix miles diflant, upon the day and at the hour appointed ; except the meeting, thro any inconvenience of the weather or the like, be prorogued by the joint confent of the Signory and the Tribuns. That the Prerogative Tribe being affembl d accordingly, the Senat propofe to them by two or more of the Sena- torian Magiflrats, therto appointed at the firft promulgation of the Law, That the Propofers for the Senat open to the People the Occajion, Motives, and Reafons of the Law to be proposed ; and the fame being don, put it by difiinll Claujes to the Ballot of the People. That if any material Claufe or Claujes be rejefled by the People, they be reviewed by the Senat, altered and proposed ( if they think ft ) to the third time, but no oftner. T H AT what is thus propos'^d by the Senat, and refolv d by the People, .f. '^^'„ be the Law of the Land, and no other, except as in the cafe referv'd to the ment. Dictator ian Council. THE Congregation of //r4e/ being monthly, and theReprerenta-^''-"^y^'^''''f''' tive propos'd being annual and triennial, they are each upon Courfes'''^' '*"'''' or Rotation : the Congregation of Jfrael confifting of twenty four thoufand, in which the whole number of the Princes of the Tribes and of the Princes of the Familys amounted nor, I might fay, to one hun- dred, but will fay to one thoufand ; it follows, that the lower fort in the Congregation of Ifrael held proportion to the better fort, above twenty to one. Wheras in the Reprefentative propos'd, the lower fort hold proportion to the better fort but fix to four ; and that popular Congregation where the lower fort hold but fix to four, is by far the moft Ariflocratical that is or ever was in any well order'd Common- wealth, except Fcnice : but if you will have that Gentry to be all of one fort, or if you allow them to be of a better and of a meaner Tort, l^enice is not excepted. The Sanhedrim made no Law without the 2^46 the Art of LatPgiving. Book III. the People ; nor may the Senat in this Model : but the Sanhedrim with i^y-\r\^ the Congregation, might make Laws ; fo may the Senat, in our Mo- Ezra 10. 8. "j^j^ ^jj.|^ ^^^ Reprcfentative of the People. Laftly, as the Congre- gation in Ifrael was held either by the Princes in perfon, with their Staves and Standards of the Camp, or by the four and twenty thou- fand in Military Difciplin ; fo the Reprcfentative propos'd is in the na- ture of a Regiment. EXCEPTING FemcBj where there is a fhadow, and but a fhadow of Law made by the Senat ( for the Soverain Power is un- deniably in the great Council ) and Athens, where a Law made by the Senat was current as a Probationer for one year before it .was pro- pos'd to the People ; there neither is nor has bin any fuch thing in a Commonwealth as a Law made by the Senat. That the Senat ftould have power to make Laws, reduces the Government to a fingle Couhr cil ; and Government by a fingle Council, if the Council be of the Many, is Anarchy, as in the Aflembly of the Roman People by Tribes, which always fhook,and at length ruin'd that Commonwealth : Or, if the Council be of the Few, it is Oligarchy, as that of Athens con- filling of the four hundred, who nevertliclefs pretended to propofe to Thucyd.lib.s.five thoufand, tho they did not. Of which fays Thucydides, This was indeed the form pretended in tvords by the four hundred ; but the moji of them, throprivat 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 fingle Council confifting of the Many, is ever tumultuous, and dos ill even while it means well. But Oligarchy, feldom meaning well, is a Fafti- on wherin every one flriving to make himfelf,or fom other from whom he hopes for advantage, fpoils all. There is in a Commonwealth no other cure of thefe, than that the Anarchy may have a Council of fom few, well chofen, and elefted by themfelves, to advife them ; which Council fo inftituted, is the Senat: Or that the Oligarchy have a popular Reprcfentative to balance it ; which both curing Tumult in the rafh and heady People, and all thofe Corruptions which caufe FaQioufnefs in the fly and fubtil Few, amount to the proper Super- ftruftures of a well order'd Commonwealth. As, to return to the ex- ample of the Oligarchy in Athens^ where the four hundred ( whofe Reign, being very fliort, had bin as feditious) were depos'd; and the Soverainty was decreed to a popular Council of five thoufand, with a Senat of four hundred annually eleftive upon Courfes, or by Lib. 8. Rotation. Of this fays Thucydides, Now frfl ( at leaft in my time ) the Aih&n\2ins feem to have order''d their State aright, it confifting of a moderat temper both of the Few and the Many. And this was the frjl thing that, after fo many misfortunes, made the City again to raife her Head. But we in England arc not apt to believe, that to decree the Soverainty to thoufands, were the way to make a City or a Nation recover of its Wounds, or to raife its Head. We have an averfion to fuch thoughts, and are fick of them. An AlTembly of the People Soverain ! Nay, and an Afiembly of the People confifting in the ma)or vote of the lower fort! Why, fure it muft be a dull, an unskilful thing. But fo is the Touchftone in a Goldfmiths Shop, a dull thing, and altogether unskil'd in the Trade ; yet without this, would even the Mafter be deceiv'd. And certain it is, that a well order'd AlTembly of he People is as true an Index of what in Government is good or gi eat, as tany Touchftone is of Gold. ^ , A r The Art of Lan^giving. . 447 ACOUNCIL (efpedaUy if of a loofe Eleftlon) having not Chap, i. only the Debate, buttheRefuk alfo, is capable of being influenc'd <.y^r\J from without, and of being fway'd by Intereft within. There may beafoim'd, a prejudic'd Party, that will haften or outbaul you from the Debate to the Queftion, and then piecipitat you upon the Refult : Wheras if it had no power of Refult, there could remain to the fame no more than Debate only, without any Biafs, or caufe of diverting fuch Debate from Maturity ; in which Maturity of unbiafs'd Debate lys the final caufe of the Senat, and the whole Light that can be given to a People. But when this is don, if your refolding Affembly be not fuch as can imbibe or contraft no other Intereft than that only of the whole People, all again is loft : for the Refult of all Affemblys gos principally upon that which they conceive to be their own Intereft. But how an Affembly upon Rotation, confifting of one thoufand, where the Vote is fix to four in the lower fort, (hould be capable of any other Intereft than that only of the whole People by which they are orderly eleded, has never yet bin, nor, I believe, ever will be iliewn. In a like diftribution therfore of Debate and Refult, confifts the higheft Myftery of Popular Government ; and indeed the fupreme 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 butfmall, it is farther propos'd, ^^^ T HA T every Magijlracy^ Office, or Election throout this whole Com- Rule for ski- ntonwealth^ whether Annual or triennial^ be under fiood of confequeuce to "°"*' injoin an interval or vacation equal to the term of the fame. That the Magifiracy of a Kjiight and of a Burgefs, be, in this relation, under flood as one and the fame ; and that this Order regard only fuch EleBions as are National or Domejiic, and not fuch as are Provincial or For en. ^4. T H AT, for an exceptioWfrom this Rule, where there is hut one Elder Exception of the Horfein one and the fame Parijh, that Elder be eligible in the fame "^^^^ ^" ^' without interval ; and where there be above four Elders of the Horfe in me and the fame Parijh, there be not above half, nor under tivo of them e- ligihle at- the fame EleHion. OTHERWISE the People, beyond all manner of doubt, would elefl: fo many of the better fort at the very firft, that there would not be of the Foot or of the meaner fort enough to fupply the due number of the Popular Affembly or Prerogative Tribe ; and the better fort being excluded fubfequent Eleftions by their intervals, there would noc be wherwithal to furnifh the Senat, the Horfe of the Prerogative Tribe, and the reft of the Magiftracys ; each of which Obftruftions is prevented by this Exception. Where, by the way, if in all experience fuch has bin the conftant temper of the People, and can indeed bereafonably no other, it is apparent what caufe there can he of doubt who in a Commonwealth of this nature muft have the leading. Yet is no man excluded from any Preferment ; only Indu- llry, which ought naturally to be the firft ftep, is firft injoin'd by this Policy, but rewarded amply : feeing he who has made himfelf worth one hundred Pounds a year, has made himfelf capable of all Prefer- ments and Honors in this Government. Where a man from the low- ell ftate may not rife to the due pitch of his unqueftionable Merit, the Commonwealth is not equal : yet neither can the People, under the Limitations propos'd, make choice (asfomobjeft) of any other than the Ad& The Art of Lawgiving* Book III. the'bct tcr fort ; nor have they at any time bin fo inclining to do, where y^^i^^-V^^i^ they have not bin under fuch Limitations. Be it fpoken, not to the difparagement of any man, but on the contrary to tlieir praife whofe Merit has made them great, the People of England have not gon fo low in the eleftion of a Houfe of Commons, asfom Prince has don in the eledion of a Houfe of Lords. To weigh Eleftion by a Prince withEleftion by a People, fetthe Nobility of Athens and Rome by the Nobility of the old Monarchy, and a Houfe of Con>mons freely cho- fen by the Nobility of the new. There remains but the Quorum^ for which it is proposed, The s^orm. T HA T^ throout all the Affemblys and Cduncils of this Commonwedthy the Quorum confifl of one half in the time of Healthy and of one third part in a ttme of Sicknefs, being fo declar'^d by the Ssnat. HOW the City Government, without any diminution of their Privileges, and witii an improvement of their Policy, may be made to >jn Oceana, f^]] jj^ yj^\i\^ i\^q(q Orders, has * elfwherc bin fhewn in parr, and may be confider'd farther at leifure. Otherwife the whole Commonwealth, fo far as it is merely Civil, is in this part accomplifli'd. Now as of neceflity there mult be a natural Man, or a Man indu'd with a natural Body, before there can be a fpiritual Man, or a Man capable of Divine Contemplation ; fo a Government muft have a Civil, before it can liave a Religious part : And if a man furniflit only with natural parts can never be fo ftupid as not to make fom Refleftions upoa Religion, much lefs a Commonwealth ; which neceflitats the Religious part of this Model. CHAP. IL (Containing the 1(eligioHs Tart of llns Mnkl^ propos'd praciicahly. ^ THERE is nothing more certain or demonftrable to common Senfe, than that the far greater part of Mankind, in matters of Religion, give tbemfelves up to the public Leading. Now a National Religion rightly eftablifh'd, or not coercive, is not any public driving, but only the public leading. If the Public in this cafe may not lead fuch as defire to be led by the Public, and yet a Party may lead fuch as defire to be led by a Party ; where would be the Liberty of Confcience as to the State? Which certainly in a well order'd Commonwealth, being the public Reafon, muftbethe public Confcience. Nay, where would be the Liberty of Confcience in refpeft of any Party which fliould fo procede as to fliew, that without taking their Liberty of Confcience from others, they cannot have it themfelves ? If the Public, refufing Liberty of Confcience to a Party, would be the caufe of Tu- mult, how much more a Party refufing it to the Public? And how, in cafe of fuch a Tumult, fliould a Party defend their Liberty of Con- fcience, or indeed their Throats from the whole or a far greater Party, withouL keeping down or tyrannizing over the whole or a far greater Party by force of Arms ? 7 hefe things being rightly confider'd, it is no wonder that Men, living like men, have not bin yet icund without a Government, or that any Government has not bin yet Icund with- ^ out i The Art of Lawgiving. 44^ out a National Religion ; that is, fom orderly and known way of pub- Chap. 2. Jic leading in divine things, or in the Worfhip of God. ws'^v-^^o A NATIONAL Religion being thus prov'd neceffary, it re- mains that I prove what is neceifary to the fame ; that is, as it con- cerns the State, or in relation to the Duty of theMagiftrat, CERTAIN it is, that Religion has not feen corruption but by- one of ihefe three caufes ; fom Intereft therwich incorporated, fom ig- norance of the truth of it, or by fom complication of both. Nor was ever Religion left wholly to the management of a Clergy that efcap'd thefe Caufes, or their moft pernicious Etfefts ; as may be perceiv'd ia Rome^ which has brought Ignorance to be the Mother of Devotion, and indeed Intereft to be the Father of Religion. Now the Clerg/ not failing in this cafe to be dangerous, what recourfe but to the Magi- ftrat for fafety ? fpecially feeing thefe Caufes, that is, Intereft 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 Magiftracy. Or if fo it be that Magiftrats are ob- lig'd in duty to htnurjhig Fathers andnurftng Mothers to the Church ;I'a, 49. s?. how fliall a State in the Jight of God be excufable, that takes no heed or care left Religion fufter by Caufes, the prevention or remedy wherof is in them onl y ? To thefe therfore it is propos'd, ^_ THAT the Vmverjitys being prudently reform'' d^ be preJeraPdin their Uaivg^yi. Rights And Indowments, for and towards the education and provijion of an able Mintfiry. WE are commanded by Christ to fear ch the Scriptures: TheM-S'-S?- Scriptures are not now to be fearch'd but by skill in Tongues : The immediat gift of Tongues is ceas'd : How then fhould skill in Tongues be acquired but mediatly, or by the means of Education ? How fhould a State expedl fuch an Education (particularly for a matter of ten thoufand men ) that provides not for it ? And what provifion can a State make for this Education, but by fuch Schools fo indow'd and re- gulated, as with us are the Univerfitys ? Thefe therfore are a neceffary ftep towards the prevention of fuch Ignorance or Intereft, as thro the infirmitys or biafs of Tranflators, Interpreters, and Preachers, both have and 'may frequently com to be incorporated with Religion ; as alio to the improvement or acquifition of fuch Light as is by the com- mand of C H R I s T to be attain'd or exercis'd in fearching the Scrip- " cures. THE excellent Learning of the Levits in all kinds, not ordinarily The eighth Pa- infus'd, but acquir'd ( there having bin among them as well the Teacher '''*'^^'- as the Scholar^ leaves little doubt but their forty eight Citys were as Mai. 2°" 2/' fo many Univerfitys. Thefe with their Suburbs or Indowments con- tain'd in the whole (each of their Circuits in Land reckon'd atfoiir thoufand Cubits deep ) about a hundred thoufand Acres ; that is, if their meafure was according to the common Cubit : if according to the holy Cubit (as with Levits was moft likely) twice fo much ; which, at the loweft account, I conceive to be far above the Revenues of both our Univerfitys. THESE being order'd as has bin faid, it is firopos'd, 47, T HA T the legal and antient provifion for the National Miniflry ^^ Augraentadon fo augmented^ that the meanefi Jort of Livings or Benefices, without de- ^'^'°ss- falcationfrom the greater y be each improv''d to the Revenue of one hundred poundi at leafl. Mmm THIS, ^5o The Art of Lawgiving. Book III. THIS, in regard the way is by Tithes, corns up fo clofc to tlie I jTsr^K^ Orders of Ifraely as, in our day, may fhew that a Commonwealth i7jf n/«r/j Pit- ^^^ ^^^ ^^^ ^^^^ ^j^gj. pattern to be Uk'd. We find not indeed that the Apoftlcs either took or demanded Tithes ; in wliich cafe the Triefls, who were legally poffeft of them, might have had fufpicion that they, under color of Religion, had aim'd at the violation of Pro- perty. But putting the cafe that generally the Priefts had bin con- verted to the Chriltian Faith, whether the Apoftles would for that rcafon have injoin'd them to relinquifli their Tithes? Or what is there in the Chriftian Religion to favor any fuch furmife? To me there feems abundantly enough to the contrary. For if the Apoflles iiuck not to comply with the Jews in a Ceremony which was of mere human invention, and to introduce this, as they did Ordination by im- pofition of hands, into the Chriftian Church ; that they would, upon a Hke inducement, have refusM a (landing Law undoubtedly Mofaical, is in my opinion moft improbable. So that, I conceive, the Law for Tithes now in being, may or may not be continu'd, at the p]eafure of the Lawgivers, for any thing in this cafe to the contrary. Confident I am, that the introducing of this Model in the vi^hole, which is thought imprafticable, were not to willing minds fo difficult a work as the abolition of Tithes. BUT Benefices, whether by way of Tithes or otherwife, being g thus order'd ; it is proposed, ©tdination. THJT a Benefice becoming void in any Parijh, the Elders of the fame may affemble and give notice to the Fice-Chanccllor of either Vniver- fity by a Certificate ffecifjing the true value of that Benefice : that the Vice- chancellor ^ upon the receit of this Certificate be obliged to call a Congrega- tion of his Vniverfity : that the Congregation of the Vniverfity to this end aJfembPd^ having regard to the value of the Benefice, make choice of a Ferfon fit for the Mini fieri al Fun^fion, and return him to the Parijb fb requiring : that the Probationer thm return'd to a Panflj by either of the Vniverfttys, exercife the Office, and receive the Benefits as Minifler of the Parijhfor the term of one year : that the term of one year being expir''dy the Elders of the Parijlj ajfemble and put the Election of the Probationer to the Ballot : that tf the Probationer has three parts in four of the BaUs or Votes in the Affirmative^ he he therby ordained and elected Minifier of that * Par iff} ; not afterwards to be degraded or remov''dy but by the Cenfors of the Tribe, the Phy larch of the fame, or the Council of Religion in fuch cafes as jhallbe to them referv'^d by Act of Parlament : That in cufe the Proba- tioner corns to fail of three parts in four at the Ballot, he depart from that Parifj ; and if he returns to the Vniverfty, it be without diminution of the former Offices or Preferments which he there injoy''d, or any prejudice to hii future Preferment : and that it be lawful in this cafe for any PariJJj to fendfo often to either Vniverfty, and it be the duty of either Vice-Chancellor upon fuch Certificats to make return of different Probationers, till fuch time as the Elders of that Parijh have fitted themfelves with a Minifier of their own choice and liking. IN cafe it was thought fit that a Probationer thus elefted fhould, before he departs, receive impofition of hands from the Doftors of the Univerfity, I cannot fee what the moft fcrupulous in the matter of Ordination could find wanting. But let this be fo, or otherwife, it is indifferent. The Univerfitys by propofing to the Con- gregation in every Parifli, do the Senatorian Office ; and the People, thus The Art of Lai3Pgiving» 45 i thus fitting themfelves by their Suffrage or Ballot, referve that Office Chap, which is truly popular, that is the Refult, to themfelves. cvv MOSES ( for fo far back the Divines reach at Ordination ) in the ^'^^ '"^tb Pu- inftitution of the Senat of Jfrael, wherin he can never be prov'd to''' have us'd impofition of hands, performing the Senatorian Office, caus'd the People to take wife men, and underftanding, and known among Dent. i. their Tribes, wherof the Lot fell upon all but E l d a d and M e d a d. ^"'"^- ' '• And the Apoftles doing the Senatorian Office, in like manner without impofition of hands, caus'd the whole Congregation to take two,Afts i. 2t'. wherof the lot of ApofHeHiip fell upon Matthias. So that this way of Ordination being that which was inftituted by Moses, and the chief or firft of thole which were us'd by the Apoftles, is both Mofaical and Apoftolical. Nor has a well order'd Commonwealth 5'"'? sw(^ 2. any choice left of thofe other ways of Ordination, us'd by the Apo-"*"'^*^* files in complaifance to worfe fort of Government ; but is naturally necefTitated to this, that is, to the very beft. ORDINATION being thus provided for, it is propos'd, ^p. THAT the National Religion be exercised According to a Directory /;? National Reli- that cafe to be made, and publijh^d by Jcl of Par lament. That the ■^''^^^- ^'rovi'fion'^a nal Minijlry be permitted to have no other public Preferment or Office in ga nfl fcanda- this Commonwealth. That a National Mtnijler being conviB of Ignorance '""^ Minifters. or Scandal, be movable out of his Benefice by the Cenjors of the Tribe, under an appeal to the Phylarch, or to the Council for Religion. T HAT no Religion, being contrary to or deJiruBive of Chrijlianity,\..\heny of nor the public exercife of any Religion, being grounded upon or incorporated^"'^^'^^^^'^^'^ into a for en Inter eft, be protected by or tolerated in this State. That all other Religions, with the public exercife of the fame, be both tolerated and protected by the Council of Religion : and that all Profejfors of any fuch Re- ligion, be equally capable of all Elections, Magijlracys, Preferments, and Offices in this Commonwealth^ according to the Orders of the fame. UPON the whole of thefe Propofitions, touching Church Difci- plin, we may make thefe Obfervations. Thus neither would the Party that is tor gifted Men, and Enemys to Learning, thro ignorance ( which elfe in all probability they rnuft ) lofe Religion ; nor the Cler- gy be able to corrupt it by Interefl. But Decency and Order, with liberty of Confcience, would flill flourifli together ; while the Mini- Iter has a Preferment he fought, the Parifh a Minifter they chofe, the Nation a Religion according to the public Confcience, and every man his Chriflian Liberty. He therfore that indeavors to confute this Chapter, muff either fhew how thefe things may be omitted, or more effeftually provided for ; or tithe Mint and Cumin, and negleft the weightier things of Lawgiving. A COMMONWEALTH having, in the eftabliOiment of Religion, made refignation of her felf to God, ought in the next place to have regard to the natural means of her defence ; which in- troduces the Military part of this Model. Mmmi chap; 452 The Art of Laivgiving, Book III. "^^^ CHAP. m. Containing the Military part of this Model, proposed praSlicablj. TH E Military Part, on which at prefent I fhall difcourfe little, confifts in the Difciplin of the Youth, that is, of fuch as are be- tween eighteen and thirty years of Age: and for the Difciplin of the , Youth it is propos'd , Difciplin of T HAT Annually apo» Wednefday next infaing the laji of Decem- f iie Youth, ber^ ffjg Youth of each PariJJj ( under the infpeBion of the two Overfeers of the fame ) ajfemhle and eleB the fifth man of their number ^ or one in fve of them, to be for the term of that year Deputys of the Touth of that 5.. P^rifi. Their Troops, T H AT annually on Wednefday next infuing the lafi of January, the and Sports, y^^^ Deputy s of the refpeHive Parijhes meet at the Capital of the Hundred * In Oceana, (where there are Games and Prizes allotted for them, as has bin^heviPd * elf-^ where ) and there elect to themfehes out of their own number, one Captain, and one Injign. And that of thefe Games, and of this EleBion, the Magi- ■ftrats and Officers of the Hundred be Preftdents, and Judges for the impar- tial diflribution of the Prizes^ Their Si|ua- T H AT annually upon Wednefday next infuing the lafi of February, drons,and E\-fhe Touth thro the whole Tribe thus elected, be received at the Capital of the fame, by the Lieutenant as Commander in chief by the Conductor, and by theCenfors; that under the infpe[lion of thefe Magi f rats, the f aid Touth be entertained with more fplendid Games, dijciplin'd in a more military man- ner, and be divided by lot into fundry parts, or EJfays, according to the * /« Oceana, i^^/^j % elfwhere given'. The *etond ^ HA T the whole Touth of the Tribe, thus affembPd, be the frfl Effay, or the Effay. That out of the fir fi Ejjay, there be caji by lot two hundred Horfe, fiandmg Ar- ^nd fix hundred Foot : that they whom their friends will, or themfehes can mount, be accounted Horfe, the refi Foot. That thefe Forces (amounting in the fifty Tribes to ten thoufand Horfe, and thirty thoufand Foot) be always ready to march at a weeks warning : and that this be thefecond Effay, or the flanding Army of the Commonwealth. Provincial T H AT for the holding of each Province, the Commonwealth in the Guards. frfi year affign an Army of the Touth, confifling of feven thoufand five hundred Foot, and one thoufand five hundred Horfe. That for the per- petuation of thefe Provincial Armys or Guards, there be annually, at the time and places mention' d, cafi out of the firfl Ejfay of the Touth in each Tribe ten Horfe, and fifty Foot : that is, in all the Tribes five hundred Horfe, and two thoufand five hundred Foot for Scotland ; the like for Ire- land ; and the like of both orders for the Sea Guards : being each oblig'd to ferve for the term of three years upon the States pay. THE ftanding Army of the Commonwealth confifting thus of forty thoufand, not Soldiers of fortune neither in body nor in pay, but Citizens at their Vocations or Trades, and yet upon command in continual readinefs ; and the Provincial Armys each confifting of nine thoufand in pay in body, and polfcfs'd of the Avenues and places of ftrength in the Province, it is not imaginable how a Province fl-iould be fo foon able to ftir, as the Commonwealth muft be to pour forty thoufand n.cn upon it, befides the Sea Guards. Nor corns this Militia * thus The Art of Lajpgiving. 453 thus conftituted, except upon Marches, to any charge at all; the Chap. ?. ftanding Army having no pay, and the Provinces, wherof the Sea ^-W'~v^ thus guarded will be none of the pooreft, maintaining their own Guards. Such is the military way of a Commonwealth, and the^*'" eleventh Conftitution of its Armys, whether levy'd by Suffrage, as in Rome ; ^'"•'"'■''• or by Lot, as in Ifrae/. W E will go uf by Lot igainji Gibeah. judg. 20. p. STANDING Forces being thus eftablifli'd ; for fuch as are upon emergent occafions to go forth, or march, it is propos'd, 56. T HAT the Senat and the People, or the Diciator having decreed or "^^^ ^^^^^ Ef- declar^d War, and the Field Officers being appointed by the Council of War ; marchL^'^'"^ the General by Warrant iffu*d to the Lieutenants of the Tribes, demand thefecond Ejfay, or fuch part of it a: is decreed ; whether by way of levy or recruit. That by the fame Warrant he appoint his time and Rendevouz, : that the fever al Condu^ors of the Tribes deliver him the Forces demanded. At the time and place appointed. That a General thus marching out with the ftanding Army, a new Army be elected out of the firfi Ejfay as for- merly, and a new General be ele^ed by the Senat ; that fo always there be a, General fitting, and * ftanding Army, what Generals or Armys foever be inarching. And that in cafe of Invafion the Bands of the Elders be ob- liged to like duty with thoje of the Touth. T HA T an only Son be difcharg'd of thefe Dutys without prejudice. Poena *>£?;- That of two Brothers there be but one admitted to for en Service at onejf''^^-' °^ ^^^ time. That oj more Brothers, not above half. That whoever otherwife Education and refufes his Lot, ,except upon caufe jjjewn he be difpens^d with by the Phy- Libert) . larch, or upon penitence be by them pardon'd and rejlor''d, by Juch refujal be uncapable of eleBing, or being ele^ed in this Commonwealth ; as aljo that he pay to the State a fifth of his Revenue for prote^ion, bejides Taxes. That Divines, Phyfcians, and Lawyers, as alfo Trades not at lei- fur e for the Efjays, be fo far exemted from this Rule, that they be flill capable of all Preferments in their ref^eBive Profeffions, with Indemnity, and without Military Education or Service. A COMMONWEALTH whofe Militia confifts of Mer- cenarys, to be fafe, muft be fituated as Venice, but can in no wife be great. The Induftry of Holland is the main Revenue of that State ; whence not being able to fpare hands to her Arms, fhe is caft upon Strangers and mercenary Forces, thro which we in our time have feen Amjlerdam neceflltated to let in the Sea upon her, and to becom (as it were) Venice. To a Popular Government that could not do the like, Mercenary Arms have never fail'd to be fatal; whence the laft Propofition is that wliich in every well ordei'd Commonwealth has bin look'd to as the main guard of Liberty. IN this 7/?4e'/ was formidable beyond all other Commonwealths ^^i? f>n-//f a with a kind of Fulmination. Saul when he heard the Crue'ry of^''"''''''- Nahash the Ammonit, at the Leaguer of "Jabefj-Gtlead, took .t i Sam. n. 7. yoke of Oxen and hew'^d them in pieces, andfent them throout the Coajis of Ifrael, by the hands of Mejjengers, faying, Whofoever corns not out aj'ter Saul, and after Samuel, fo jhall it be don to his Oxen. Whicli amounted not only to a confifcation of Goods (the Riches of the Jj'raelits lying nioft in their Cattel) but to a kind of Ana- thema, as more plainly appears, where it is faid, Curfe ye Meroz,J"t)g- 5-2-- curfe ye bitterly the Inhabitants therof becauje they came not forth to help the Lord again jl the Mighty. Nay this (aj-^xeia) defertion of the Military 454 *^^^ ^^^ ^f Lan^giving. Book in. Military Orders and Services in Ifrael, was fomtimes punifh'd with C.y^k/"'\-> total extermination, as after the Vi£lory againft Benjamin^ where the Congregation or Political AfTembly of that People, making inquifi- Judg. 21. jJq,-, jp/,,j^ one of the Tribes of Ifrael came not uf to the Lord in Mizpeli (the place where before the taking of Jerufalem they held, as I may fay, their Parlaments) and finding that there came none to the Camp from Jabefh-Gilead, fent thither twelve thoufand men of the vdiantejt^ faying^ Go and fmite the Inhabitants of Jabefh-Gilead with the edg of the Srvor^^ with the Women and the Children : which was don accord- ingly. B U T by this time men will fhrink at this as a dreadful Order, and begin to compute that a Commonwealth, let her Prerogatives for the reft be what they will, tnuft at this rate be but a dear purchafe : wheras indeed, if this way cofts fomthing, there is no other that dos not hazard all ; forafmuch as difcarding this Order, play your game as you can, you are fomtime or other a Prey to your Enemys, or to your Mercenarys. This certainly is that root in (the Penetralia^ the bowels of a Commonwealth, whence never any Court Arts, or Polite- nefs, could attain to the gallantry or fplendor of the Education in Popu- lar Governments. For let any man ( remembring what it was to be a GiDEOK, a MiLTiADEs, a TiMOLEON, a Scipio, or a Magiftrat in a Commonwealth ) confider if there fhould be no way with us to Magiftracy, but by having ferv'd three years at Sea, and three years at Land, how the whole face and genius of Education, both in the better and in the lower fort, would of neceflity be chang'd in this Nation, and what kind of Magiftrats fuch experience in thofe Services muft create to the Commonwealth. Confider, whether the threatened Punifliments of this Order, tho thro unacquaintance they may at firft fight have fom brow, would not, as they have don in other Commonwealths of like ftrufture, even with low fpirits, expire in fcorn and contemt, or thro the mere contemplation of the reward of Honor, nay of the Honor it felf, in which point where right has not bin don, men, under Governments of this nature, hav® bin much more apt to heats ; as where the men of Ephraim fought againft Je p t h a, for an affront in this kind which they conceived him Judg. 12. to have put upon them. Wherfore pajfedfl thou over to fight agatnfi the Children of Ammon, and didjl not call m to go with thee ? We will burn thy houfe upon thee with fire. Nor is this way fo expenfive of th?^ Purfe, or of Blood. Not of the public Purfe, becaufe it detefts Mer- cenarys ; nor of the privat Purfe, becaufe the ways of Education thus direfted, are all aflifted with the States pay : fo that a man in this road might educat three Children cheaper, and to the moft folid ends, than he could any one to trifles in thofe which among us hitherto have bin ufual. And as to Blood, there is nothing more certain, than that Idlenefs, and its infeparable companion Luxury, are excedingly more waftful as of the Purfe, fo of Health, nay and of Life it lelf, than is War ; which neverthelefs this Order is fuch as dos rather prevent than neceftitat, in regard that to be potent in Arms is tlie way of Peace. But wheras in a Martial Commonwealth there may be men having exceded the thirtieth year of their Age, who like thofe of Ephraim would yet take it ill to be excluded the Lifts of Honor, and it muft alfo be to the detriment of the Commonwealth that they fliould J for thefe, whom we may call Volunteers, it is proposed, THAT Th Art of Lawgiving. 45 5 T HA T up0n JVarrants ijfu'd forth by the General for Recruits or Chap. 4. JLetys^ there he an AJjen^bly of the Phj/iarch in each Tribe ; that fac'h Vo- ^^-^~VN. iunteerSy or men being above thirty years of Age, as are deftrous of farther volunteers- imflo^rtient in Arms^ appear before the Ph^Urch fo aJfembPd. That any number of thefe, not exceding one moity 'of the Recruits or heuys of that Tribe ^ rriay be taken on bf the Phylarch^ fo many of the Touth being at - the difcretion of this Council disbanded^ as are taken on of the Volunteers. That the Levys thus made^ be conducted by the Conductor of the refpecfive Tribe to the Rendevouz, appointed. And that the Service of thefe be %vithout other term or vacation^ than at the difcretion of the Senat and the People^ or fuch Inflruclions to the General^ as fljall by them in that cafe be provided. THUS much for the Military or Defenfive part of this Model. For Offences in general it is written, Wo unto the world becaufe of 0/-Mac. i3. 7, fences ; for it muft needs be that Offences corn^ but xvo to that man by rvhom the Offi-nce corns. Among Offences are offenfive Wars : now it be- ing out of quelHon, that for the righteous execution of this Wo upon Iiim or them by whom the Offence corns, a War may be juft and neceffary, as alfo that Viftory in a juft and neceflary War may intitle one Prince or one People to the Dominion or Empire of another Prince or People ; it is alfo out of queftion, that a Commonwealth, unlcfs in this cafe flie be provided both to acquire, and to hold what fhe acquires, is not perfeft : which Confideration brings me to the Provincial part of this Model. CHAP. IV. Containing the'ProVmcial Tart of this Models propoi'd praBicahly, TH E word Province is with Roman Authors of divers fignifi- cations. By thefe it is taken fomtimes for Magiftracy ; as that of the Confiil, which is call'd His Province .- fomtime for any Reli- gion or Countiy, in which a Roman Captain or General was com- manded to make War ; but fpccially for fuch a Country as was ac- quir'd and held by Arms, or by Provincial Right. The word is of the like different ufe in Scripture; as where it is faid, That AiiA-Efth. i. i. s u E R u s reign'd over a, hundred and feven Provinces ; by which are underftood as well the divifions of the native, as thofe of the ac- quir'd Territorys. But where T a n a i s the Governor writes to Ezra 5. 8. the King of Affyria concerning the Province of Judea, it is under- stood a Country acquir'd and held by Arms ; which coms to the ufual fignification of the word with the Romans, it being in this fenfe that the Governor Felix ask'd Paul of rvhat Province he jv^,Aas 23. 34. and came to underftand that he was of Cilicia, then a Province of the Roman Empire : and this fignification 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 Acquifition of many and vaft Provinces, is that wherto the Songs of Poets, and the opinions of more ferious Writers attribute the weight which they fay overfway'd her. But this Judgment, tho in it felf right, is not in the manner they take it to be fwallow'd without chewing. For how probable it is that the fuc^ 456 l^he Art of Lawgiving, Bpok III. fiicceding Monarchy was able to fupport a weight in this kind, which V<=''v*'''5»j the Commonwealth could not bear, may at this diftance be difcern'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 ftronger Intercfl, thro ambition of attaining to the whole, to tear the Em- pire in pieces : which they did, while divers Provinces made divers Emperors, which belore could not hope to make divers Common- wealths, nor to acquire fafety by retreat to a petty Government. But in this, the acquifition of Provinces devour'd the Commonwealth of Rome, that, flie not being fufficiently fortify''d by Jgrarian Laws, ipktarch 'w jj^g Nobility, thro the fpoil of Provinces, came to eat the People out Graccli. ^p j.j^gjj, pQpyigj. Balance or Lands in haly by Purchafes ; and the Lands that had bin in the hands of the Many, coming thus into the hands of the Few, of natural and necefTary confequence there follows Mo- narchy. NOW that England, a Monarchy, has bin feiz'd of Provinces (one of them, while France was fuch, being as great as any one of the Roman ) is a known thing ; and that the Militia proposed by the pre- fent Model, contains all the caufes of Greatnefs that were in thatof Rome, is to fuch as are not altogether ftrangers to the former, nolefs than obvious. Now of like Caufes not to prefume like Effefts, were unreafonable. The fafety therfore of the foregoing Agrarian, as hi- therto propos'd, or that Lands be divided in their defcent, muft in this cafe be none at all, unlefs there be fom flop alfo given in their Accu- mulation by way of purchafe ; left otherwife the fpoil of fom mighty Province be ftill fufficient to eat out the People by purchafe. TO fubrait therfore in this place (for ought I perceive) to in- $9. evitable neceffity, it is propos'd. Additional T H AT (great Commonwealths having bin overthrown by thejpoilof to the Agra- Provinces ) an Efiate of two thoufand founds a year in Land, be inca- fian. table of any Accumulation by way of furchafe, DONATIONS and Inheritances will be fewer than to be dangerous; and as fom fall, others will be dividing in thtir defcent. But to refume the Difcourfe upon the Agrarian Laws, which, becaufe they were not till in this Propofition complete, remains imperfeft. That to Agrarian Laws fom Standard is neceflary , appears plainly enough. This Standard in a well founded Monarchy, muft bar recefs ; and in a we^l founded Commonwealth muft bar increafe. For certain it is, that otherwife each of the Policys dos naturally breed that Viper which eats out the Bowels of the Mother : as Mo- narchy, by Pomp and Luxury, reduces hec Nobility thro debt to poverty, and at length to a level with the People, upon which no Throne ever flood or can ftand : fuch was the cafe of this Nation un- der her latter Princes. And a Commonwealth by her natural ways of frugality, of fattening and cockering up of the People, is apt to bring Eftates to fuch excefs in fom hands, as eating out the reft, l?cws the Neck of a free State or City to the yoke, and expofes Her to the goad of a Lord and Mafter ; which was the cafe of Rome under her perpetual Diftators. But why yet muft this Standard of Land in the prefent cafe, be neither more nor lefs than juft two thou- fand pounds a year? Truly, where fom Standard was necefTary to be nam'd, I might as well ask why not this as well as any other ? yet ^m \ not without fuch Reafons why I have pitch'd upon this rather The Art of Lawgiving. akj than any other, as I may fubmit to the judgment of the Reader in Chap. 4. the following computation or comparifon of the divers Edefts or *^v~v~>.. Confequenccs of fo many different Standards, as by the rules of proportion may give fufficient account of the reft. LET the dry Rent of England (that is, at the rate a man may have for his Land without fwcating) be computed at ten Millions: This prefum'd, if you fet the Standard at ten thoufand pounds a year, the whole Territory can com into no fewer than one thoufand hands. If you fet it at five thoufand pounds a year, it can com into no fewer than two thoufand hands; and if you fet it at two thou- fand pounds a year, it can com into no fewer than five thoufand hands. It will be faid, In which way you pleafe, it will never com into fo ^Qw hands as are capable of having it ; which is certain : yet becaufe the Effects in their approaches would be fuch as may be mea- fur'd by their Extremes, I fball pitch upon thefe as the readieft way to guide my Computation. The Balance in a thoufand hands' might affeft the Government with a hankering after Monarchy ; in two thoufand hands it might ufurp it, as did the Roman Nobility, and therby occafion a feud between the Senat and the People. Thefe not only in the extremes, but with much of a like nature in the ap- proaches. BUT letting thefe pafs, as alfo the numbers or compafs neceflary to the Rotation of fuch a Commonwealth (none of which inconve- niences are incident to the Standard of two thoufand pounds a year, as that wherby Lands can com into no fewer than five thoufand Pro- prietors) we will fuppofe thefe Standards to be each of them, as to the fafety of the Government, indifferently prafticable. YET it is recorded by. Experience, and wife Authors, that the true caufe whence £«g//jW has bin an overmatch in Atmsiov France^ lay in the communication or diftribution of Property to the lower fort ; and for the fame caufe let it be confider'd, if the Commonwealth upon the Standard of two thoufand pounds a year (_cMeris paribm') muft not necelTarily be an overmatch in the potency of its Militia for the other two. Such are the advantages, fuch is the glory of the like moderation to the public. Mony (fays the Lord Verulam)^' like muck^ not good except it be fpread. Much ratiier in Popular Go- vernment is this holding as to Land, the latter having upon the State a far ftronger influence, at leaft in larger Territorys, than Mony : for in fuch, Mony, while fcarce, cannot overbalance Land ; and were Silver and Gold as plentiful as Brafs or Iron, they would be no more, nor would Land be lefs worth. And for privat men, were it not that it is eajier to Ji/i the belly of a. Glutton thm his eys, not only Virtue, but the Beatitude of Riches, would be apparently confiffent in a mean. But what need I play the Divine or the Philofopher upon a Do£l:in, which is not to diminifli any mans Efiate, not to bring any man from the Cuft oms to which he has bin inur'd, nor from any emergent ex- peftation he may have; but regards only the Generation to com, or the Children to be born feven years after the pafling fuch a Law ? Whence it muft needs follow, that putting the cafe this /Igrarian be introduc'd, it is to our Age as if there were none; and it there be no Jgrarian, 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 fccur'd, and in the other it is lel't to its fortune even in the main. Of N n n fuch ^.^S "Tk Art of Ldivgiving. Book III. {'ucli foverain effea are the like Laws, that I would go yet farther-; Agrariin for and propole, T HAT in Scotland the Standard be Jet at five hundred pounds /t sattmU ai[d jear ; tn Ireland at two thoufand founds a year in Land ; the reji for each Lchmd. ^j. y^^ England. NARROWNESS of an Agrarian for Scotland, being a Mar- tial Country, would make the larger provifion of a good Auxiliary- Militia ; and largenefs of an Agrarian for Ireland, being lefs Martial, would caft a Sop into the Jaws of the Avarice of thofe who lliould think it too much confin'd in England. And left the Provincials in this cafe fhould think themfelves worfe dealt with than the Citizens themfelves, thefumof the ^^y^r/4» Laws being caft up together, any man in the three Nations may hold four thoufand five hundred pounds a year in Land; and any fmall Parcel of Land, or mere Refidence in England^ makes a Provincial a Citizen. Shoukl the Commonwealth increafe in Provinces, the Eftates at this rate both of the Citizens and Provincials, would be more and greater than ever were thofe of the antient Nobility of thefe Nations ; and without any the leaft hazard to Liberty. For he, who confidering the whole Roman Story, or that only of the G r a c c h i in Plutarch, fhall rightly judg, muft confefs, that had Rome preferv'd a good Agrarian but in Italy, the Rich- es of its Provinces could not have torn up the Roots of its Liberty, but on the contrary muft have water'd them. It may be faid, What need then of putting an Agrarian upon the Provinces ? I anfwer : For two Reafons : firft is Indulgence to the Provincials ; and the fecond, Ad- vantage to the Commonwealth. For the firft, it is with fmall fore- fight 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 Row^w Patricians did Italy) to found in tlieir Fetters, or to be till'd by their Slaves or Underlings, And fo, for the fecond, the Commonwealth would by fuch means lofe an Auxiliary Militia, to be otherwife in Scotland only more worth than tlie Indys. Thefe things therfore thus order'd, itispropos'd, rrovincial T HA T Upon the expiration of Magijlracy in the Senat, or at the an- touncili. nual Resefs of one third part of the fame, there be elected by the Senat out of the part receding, into each Provincial Council four Kjiights for the term of three years ; therby to render each Provincial Council (prefuming it in the beginning to have bin conjlitttted af twelve Kjiights, divided after the manner of the Senat by three fever al Lijfs or Elections J of an- nual, triennial, and perpetual Revolution or Rotation. ProvindalGo- T H AT out of the jame third part of the Senat annually receding, vernors or Ge- there be to each Province one Kjitght eleited for the term of one year. That the Kjiight fo eleBed be the Provincial General or Governor. That a Provincial Governor or General receive annually in April at his Rende- vou appointed, the Touth 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 Jaid Touth or Recruits to his Province, and there difmifs that part of the Provincial Guard or Army ivhofe triennial tenn is expir'^d. 7 hat each Provincial Governor have the'condu^ of Affairs of War and of State in his refpeclive Province, with advice of the Provincial Council ; and that he be Prefdent of the fame. THAT The Art of Laypgiving, 45^ THAT each Provincial Council eleEi three xveekly Propofers^ orP;o-Chap. 4. vojls^ after the manner^ and to the ends already jhervn in the conflitation WV'V-* of Senator ian Counctb ; and that the Provojl of the fenior Liji^ daring hr^ provinaii term, he Prejident of the Council tn abfence of the General. irovofts. THAT each Provincial Council precede according to InfiruBions re- ^'t' ceiv''d from the Council of State, and keep intelltgence with the fame hjlf^l^^^C^^^ any two of their Provojls, 'for the Government of the Province^ as to ot I'rovinciai matters of War or State. Th.tt upon Levys of native or proper Arms by Co Jncili. the Senat^ and the People, a Provincial Council (having to that end re- cetv''d Orders') make Levjs oj Provincial Auxiliary s accordingly. That Auxiliary Arms upon no occajion whatfoever excede the proper or native Arms in number. That for the re/?, the Provincial Council maintain the Provincials, defraying their peculiar Guards and Council, by f/tch a knorvn proportion of Tributs^ as oh them fha/l be Jet by the Senat and the People, in their proper Rights, Laws, Liberties and Immunity s, fofar as upon the Merits of the caufe wherupon they were fubdu*d, it feenPd good to the Senat and the People to confirm them. And that it be lawful for the Pro- vincials to appeal from their Provincial MagiflratSy Councils, or Gene- rals, to the People of England. I N modelling a Commonwealth, the concernment of Provincial Government corns in the lalt place ; for which caufe I conceive any long Difcourfe upon thefe Orders to be at prefent unneceffary : But certain things there are in the way winch I am unwilling toj let flip without pointing at them. S O M will have Men, fom will have Mony to be the Nerve of War ; w'*^''*^'' ^'''■■■•', each of which Pofitions, in proper cafes, may be a Maxim : For i\J^;7vZfmr^- France, where the main Body of the People is imbas'd ; or Venice, "which ftands upon a Mercenary Militia, want Mony, they can make no War. But it has heretofore bin otherwife with Commonwealths. Roman Hiflorians (as is obferv'd by M a c c h i a v e l) in their Mi- litary Preparations or Expeditions, make no mention of Mony, unlefs what was gain'd by the ^X/'ar, and brought home into the Treafury ; as the Spoil of Macedon by ^ m i l 1 u s Pa u l u s, being fuch,as the Peo- ple for fom years after were difcharg'd of their Tribute. Not that their Wars were made altogether without Mony ; for if fo, why fhould the People at any time before have paid Tribute? Or why, upon this occafion were they excus'd? but that the Mony in which their Wars flood them, was not confiderable in comparifon of that which is re- quifit 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 Oiders, could have rais'd yafter numbers of Citizens and Allo- ciats than perhaps it ever did, tho during the Confulat of Pappus andREGULUs, fhe levy'd in Italy only feventy thoufand Horfe, and feven hundred thoufand Foot. Should we conceive the Nerve of this Motion to have bin Mony, we mufl: reckon the Indys to have bin exhaufled before they were found ; or fo much Brafsto have bin in Ita- ly, as would have made Stones to be as good Mony. A well order'd Commonwealth dos thefe things not by Mony, but by fuch Orders as make of its Citizens the Nerve of its Wars. The Youth of the Com- monwealth propos'd are eikem'd in all at five hundred thoufand. Of thefe there is an annual Band, confiftirg of one hundred thoufand. Of this one hundred thoufand there is a ftanding Army confifting of thirty thoafand Foot and ten thoufand Horfe, befides fuch as being above N n n 2 thirty a6o T'be Art of Lawgiving, Book 111. tluity years of age, fliall offer themfelves as Volunders; of which cXV'V^ the number is in no wife hkely to be few. To the ftanding Army the Provinces, or that only of Scotland^ being both Populous and Mar- tial, can aftbrd at any time an equal number of Auxiliarys. '1" H K S E Orders, thus fum'd up together, render this Common- wealth ordinarily able to wage War with fourfcore thoufand men ; a Force which, it is known, not any Prince in Chrilfendom is able to match in Virtue, Number, orDifciplin. For thefe the Common- wealth in her Sea Guard has always at handfufficient Waftage, or at leaft fuch a fufficient Convoy as may make any Veffelsat hand a fuf- ficient Tranfportation ; all this, I fay, by virtue of Orders. Not but that the March, the Equipage, the Waftage of fo great an Army rnuil colt Mony ; but that it will com to no account in comparifon of a Jingring War made by a matter of thirty thoufand Mercenarys, the very confumtion of a State : wheras fourfcore thoufand men fo difei- plin'd and fo furniflfd, ashasbinfliewn, being once tranfported, muft fuddenly com to be no Charge, or make the War defray it felf. B U T 'tis objefted, that to reckon upon fuch a Militia wereto fuppofe a large Country capable of being a Commonwealth ; wheras we hold them learn'd, who fay that no Commonwealth has confifted of more Whether ACm-x.\-\z.n fom ooe City or Town. But in what Language or in what ^^JJ^';;|,„^;; Geography, are the twelve Tribes of //r^e/ ; the {^Sy,uoi) Peopledoms than oM City or Prytanys of Athens^ which Theseus gather'd into one body ; crTomi. the Tribes and Linages mLacedemon inflituted by Lycurgus; the five and thirty Ko;»4» Tribes planted between the Rivers Vultur- nus and Arno, or between the Citys nowcall'd Capua and Florence ; the 1 3 Cantons of the Sivitzers ; the feven United Provinces of the Low Countrys, underftood to have bin or to be but one City or Town ? Whe- ther were not the People oHfrael under their Commonwealth fix hundred thoufand ? What reafon can be given why the Government that could take in fix hundred thoufand, might not as well take in twice that number? How much fliort came the Country, planted by the Ro- W4» Tribes, of 150 Miles fquare? Or how much over is England? And what reafon can be given why a Government, taking in 1 50 Miles fquare, might not as well take in twice that Compafs ? Whether was our Houfe of Commons under Monarchy not collefted from the utmoft Bounds of the Englijb Territory ? And whether had the Laws by them enafted not their free courfe to the utmoft limits of the fame? And why fhould that be impoffible or imprafticable to a Reprefentative of the People in a Commonwealth, which was fo facil and prafticable to a Reprefentative of the People under Monarchy ? I T is a wonder how the Commonwealth of Rome^ which held as it were the whole World by Provinces, fhould be imagin'd by any man to have confifted but of one Town or City. BUT to return : It is alleg'd by others, and as to Provincial Go- vernment very truly, that a Commonwealth may be a Tyranny : Nor do I think that Athens, in this point, came fhort of any Prince : Rome, on the other fide, was (according to the merits of the caufe) ab frequent in giving Liberty as in taking it away. The Provinces of Venice and of 8mtz.erknd, would not change their condition with the Subjects of the heft Prince. However the pofTibility 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 i^ no way of holding a Province but by Arms. W HEM ,Tbe Art of Lamgiving. 461 WHE\N the Syrians of Damafcus came to fuccor H a d a d e z e r TJ^^ ''"''- Kjng of Zobah, Dav i d flew of ^/^e Syrians two and. twenty thoufand^^^^^^ tMen: then David pa Garifons in Syria, c/" Damafcus, andtheSy-2Sim.2.$,6. rians became Servants to David, and brought Gifts ; and the Lord prejer'v'd David whitherjbever he went. WITH this Parallel I draw the Curtain, and clofe (be it Come- dy tofuch as arc for Tragedy) this Model ; appealing to the prefent, or the next Age, whether tliroout I have not had God himfelf for my Vouchee. In the mean time, there is nothing hereby propos'd which ^e^^fcco^i/*- may not ftand with a fupreme Magiftrat. o qfoceana. The Conclufion : Shewing how the Model pro[m'cl may be proVd or examin'd ; andgl- Vmj^ a brief An ffDcr to Mr. Wren's laft Book, int'itl'd. Mo- narchy aflferced again ft Mr. Harrington' s Oceana. FO R a Nation to be ftill upon the caft of a Dy, to be ever in Sed. i. trepidation as to the main chance of Government, is a dreadful ^^"^ '^ ^"f" Hate of things. Such indeed with us has bin the Conftitution of our righti^^der^d, late Governments, of which therfore not any can be call'd a Common- »* '"'A Mf'""* wealth. Yet has the like ftate of things (in favor of Monarchs, and'!l^'"J^l^f "^ thro the induftry of the Clergy) bin for many Ages, that wherof ^ Commonwealths unheard are Ihll accus'd and condemned. For proof in this cafe, theTribunitian Storms of the Roman People are thought abundantly fufficient. But thefe having bin without Blood, if with our Affairs they hold any parallel, are not to becompar'd with the Barons Wars, thofe of fork and Lancajler, or the like; but with the Contefts or Strivings of our Parlaments with their Kings, while fuch Difputes came not to Arms. Or if the Roman Fields from the time of the Gracchi grew bloody, we have known a matter of a dozen years in which ours might have compar'd with them. The Seditions un- der the Commonwealth of Rome to thofe under the Empire, hold fuch a proportion, as the Seditions under the Commonwealth of Ifrael to ^'"^ ^ok ?. thofe under their Kings. lam contented at this time, for difcourfe'^^*'^"^' fake, that the Seditions of Fenice fliould pafs as they are computed by Mr. Wren: Let thofe alfo which have ^pen'd in the Common- wealths of the Switzersy and of the UniteaSrrovinces, by the skill of fom Man who may be thought more impartial than my felf, be right- ly enumerated and added. This being don, let the Seditions that have happen'd in the Monarchys of England, France, and Spain, be as impartially fum'd up ; and I may venture to promife you. That you fhall not find the fum of the Seditions which have happened in thofe three Commonwealths, to balance the foot of the account with thofe Seditions which have happen'd in any one of thofe Monar- chys : nor are we without fufficient inducement to believe, that the whole account in this particular of thofe Commonwealths which have bin in the World, can com any whit nearer to that of the Monarchys. But this being fo, be it alfo fuppos'd, tho not granted, that a Commonwealth is a feditious Government, yecmuftic 462 The An of Lan>giving. be tlieleaft fcditious Government. The Republic o{ Corinth never ihhiuJiH^v. fuffer'd but that one Sedition which is defcrib'd by Xemphov ; and this Lib. 4. iQQ fiom an external caule. Seft. 2. , B UT I am the more confirm'd by the Affiults of Mr. W r e n. That Mr. to have no Ids than demonlliated in the propos'd Model, that a Com- litknof7!r^ll monwealth rightly order'd is altogether incapable of Sedition, and fo /^ry'r«fA7ue./-conftqLiently of DilTolution, that is, from any internal caule. To "'"""f^^". "render his Confutation intire, and the truth of this AlTertion the more coufimatm of confpicuous, I flial] firfl infei t thofc Rules or Maxims wherby a Model of a Commonwealth may be exaftly prov'd or examin'd, and then fhew how they totally enervat and overturn thofe Arguments elabo- rated by Mr. Wren towards the examination and confutation of the Model propos'd. //^n-'aModd THE Maxims or Rules wherby a well order'd Model of Popular of ^Popular Go- Government may be moft exaftly prov'd or examin'd, arefpecially two: be try' dor exit- '"'"'"'• I. IT mufi he wholly void of anj Contrxdicfion or Inequality. 2. IT rnufi be juch in which no number of Men, hivtng the Interefi^ can ' have the Power or Strength; and no number of Men^ having the Power or Strength^ can have the Interefi to invade or di^urb the Government. I T is not in the power of Nature that there fhould be an effeft, where there is not the caufe of that effeft ; and in a Frame of Go- vernment that IS exa£lly according to the foregoing Maxims, there can be no caufe of Sedition or Diflblution. A Model of Government iherfore that will hold examination by thefe Maxims, muft (without oftentation, or with Mr. Wren's patience) be perfeft. NOW let us obferve how he beftirs himfelf to examin and con- fiite this Model. As to contradiftion, he dos not fo much as pretend that there is any Guile in it ; yet will not allow it to have any truth ; w. p. 78. Tor^ fays he, as in a Ft fl ion the fever al Members maybe jo contriv^dy as not to give one another the ly, hut be all contained within the limits of Verifimi/itade, and yet the whole remain without the leafi fylUhle of Truth ; fo m a Model of Government. To which I anfv/er, that there being a truth of Nature, and a truth of Fa6l, this way of Mr. Wren's difputing is mere equivocation. For the Model is not propos'd to fhew the truth ofFafl-, or that there has bin any fuch exaftly in praftice ; but to fliew the truth of Nature, or that fuch a Model is prafticable: wherfore he ^eded not to have alleg'd that it has not the truth of Fa6f, which we™ know ; but was to fliew M'here it fails of fuch a truth in Nature as can any way render it imprafticable. But in- ftead of this, he isgonto the Moon; and will read us a Lefture in Politics by the Planets, or the various Hypothefes of Celeflial Mo- Ibid. tions, which may be excogitated including no ahfurdity in themfelves, and. jet perhaps not any one oj them prove to he the true method of NaturBi But may a man therfore argue in this manner ? It is very hard to know certainly which are the Highways of the Planets, therfore there can be no certain knowlege which are the Highways to London. Let us e'en fay, Becaufe the Rotation of the World may as well go upon the Heavens as upon the Earth, therfore a man may as well go upon his Head as upon his Heels ; and a Commonwealth as well ftand upon a Milkwoman's Pattins, as upon the ftrongeftlntereft, or the Intereftof the flrongefl. SQ The Art of Lawgivingl ^6^ S O much for Contradiflion. Now for Inequality, Tays Mr. Wren, '^v. p. 17?. Tho it (hould be allow'' d Mr. Harrington, that his Commonwealth has none in it, yet would it fail of attaining the perfection of Government feeing there is an inequality in the Nature of many which is not re5iiffd hy the Model of his Commonwealih. h^ if the equality of a Government: was pretended to be fuel), as fhould make a crooked man ftraight, a wicked man good, or a pafTionat man a Philofopber ; and it were not perfeft, in being fuificient to prevent any influence that Wicked- nefs or Paffion in a man or men, may have upon the Government. But for farther diicovery of thefe Inequalitys in the Nature of man, that are not reftify'd by the Model, Mr. Wren fends us to his eight and ninth Chapters, where he produces them in fuch order, as I fhall obferve in repeating him. JVhenfoever, fays he, under Popular Go- Pa^. g-r-' •vernment the number of thofe whofe Offences have render'' d them liable to the fever ity of Laws, is con fider able enough to ({ualify them for attemt. Popular Government has no more fecurity than any other, of being free from Sedition. It is very true : but Mr. Wren was oblig'd to lliew how in an equal Commonwealth, or under the Model propos'd, it was poflible that the number of fuch men fhould com to be confide- rable enough to qualify them for fuch an attemt. But in this kind he is no otherwife provided than to tell us, That of this Original and Ex- traction, as to the main, was C A T i L i n ' s attemt upon the Roman Commonwealth. So undertaking again ft Oceana, or the moft equal Commonwealth, he is com to arguing againft Rome, or the moft ine- qual Commonwealth ; and at fuch a time too, when being no longer capable of Liberty, but ready for bonds, there were other partys be- ildes C A T I L I N ' s, and others befides fuch as v^^ere obnoxious to the Laws, that lay in wait for her : as P o m p e y and his Party, or at leaft Cesar and his, who at length carry'd it; fothat this feat was not fo much perform'd by men otherwife liable to feverity of Laws, as by men puff'd up by ambition. But let thefe have bin of which fort he will, it remains with him to fiiew, how there ftiould be of either kind enough in Oceana for a like attemt. It is known that long before this happen'd in Rome, the whole of that Commonwealth was in the Iiands or three men, Cesar, P o m p e y, and C r a s s u s : wherfore he fhould have firft fhewn, which way the whole oi: the Common- wealth of Oceana might com into the hands of three, or of a i^w men. But leaving this untouch'd, he runs making a duft, and a doubt where the foverain Power of Oceana can be ; which even in Rome, as ine- qual as it was, is acknowleg'd to have bin in the AlTemblys of the Peo- ple; and in Athens, Thucydides exprefly fays, That the Sove- Lib. 5^ rainty was in the five thoufand. Who ever doubted but where the ulti- mat Refult is, there alfo muft be tlie Soverainty? and the ultimat Refult of Oceana is in the Prerogative Tribe, or Reprefentative of the People. Then fays he, This Reprefentative thinking tt their intereft^ may Pag. a^. dijfolve the Government, and perpetuat themfelves, and may com to think It their inter efi. Tor the defire of Power being natural to man, afar greater jhare of Power remains with every particular man, when the Soverain Power is divided among fo many, than when the fame Power is divided among two hundred thoujand. But I fliew'd that this Reprefentative has the whole Soverain Power in themfelves, not divided with any other, or with the five hundred thoufand ; which I fuppofehe means by the two hundred thoufand he mentions. Now this Reprefenta- tive tive cannot be underftood to have the Soverain Power by overbalance of ftrength, becaufe they are but one thoufand to five hundred thou- fand ; fo it is plain that they have it by confenr, or by orders only : ■wherfore thefe Orders they have not the power, or ftrength, nor the intereft to break ; becaufe breaking their Orders ( by which only, and not by ftrength, the Power is in themfelves) they com to divide the Power that was in themfelves, with the five hundred thoufand, as they, M'ho, in defeO: of the Orders, have the far greater ftrength, and w. p. 85. no lec^al bar. Yet fays he, That a Reprefenutive is not ineffable of makmgfuch an attemt as this, rvill (it is not improbable ) eaftlj find be- lief with thofe rvho are acquainted with the Alliens of thefe lajl eighteen years. Which is as much as to fay, That becaufe a Reprefentative, by and with the People, may have both the intereft, and the power or ftrength to free themfelves of a broken Monarchy ; therfore a Re- prefentative may, without and againft the People, have both the inte- reft, and the power or ftrength to break the Orders of the moft equal Commonwealth. But if the Reprefentative of Oceana has not the power or ftrength to break their Orders, and perpetuat tliemfelves ; much lefs the Senat. True it is, if we look upon fom other Common- wealths, a Senat might have the intereft to do it ; but not where the Senat has bin upon Rotation. To add then to Mr. Wren's faculty of oppofition greater ftrength than is in it ; if the Senat of Oceana would do any thing of this kind, their readieft way were by creating of the Dictator. The Diftator being created, has foverain Power in car- rying on the Orders of the Commonwealth : but thofe do not perpe- tuat tlieir Power ; this therfore cannot be don but by Force or Axms. The Arms of the Commonwealth are both numerous, and in a pofture or readinefs ; but they confift of its Citizens : and for the Dictator to bring the Citizen to break the Commonwealth, were for a Ge- neral to command his Army to cut their own tiiroats. It is true, the Roman Decemvirs put in for prolongation ; but, tho in the moft inequal Commonwealth, they could not make it ftand one year, becaufe of the Citizens in Arms: And for Mercenarys there are none in Oceana; is this news? there were none in Ifrael., there were none in Athens, there were none in Lacedemon, there were none in Rome, while thofe Commonwealths flourifh'd. But were there Mer- cenarys, as he might perhaps reckon Servants, they are unarm'd, un- difciplin'd ; they cannot rife thro the vaft bodys of Citizens in Arms both Elders and Youth ; or if they would rife, they could be nothing in their hands. The Roman Slaves, and tl^e Lacedemonian Helots, being far of another and more dangerous nature, never rofe againft their Lords but to their own deftrudion. All this while I fay nothing of the fecurity which is in the frame of this Diftator, beyond any ex- ample or intereft of prolongation to be found either in the Roman Dictator or the Venetian Council of ten, each wherof having had the like power, did never difcover any fuch inclination. It is true, that in the time of Sy lla, the Roman Diftator began to be pci pctual ; but this is not to be attributed fo much to the imperfeftion oi the Order, as to the change of the Balance. But if the Dictator of Oceana cannot have the intereft, or, having the intereft, cannot have the power or ftrength to perpetuat that Magiftracy ; much lel^can the Senat. THE fum of wliat has bin faid, may be thus caft up, as to the whole Conftitution. If Things or Perfons that have neither the * riglit The Art of Lan>givmg, 465 right rwr the might, may prevail againrt: Things and Perfons who have both the right and the might ; then may one Order of this Common- wealth break the whole Syftem : but the Might, thro the foundation or popular balance of Property, being in the whole People, and the whole Superftruftufes of this Commonwealth being nothing elfebut an equal diftribution of common Right to the whole People, who are poHefi: of the Might ; they who have the Might, have not the intereft to break, but to preferve the Orders ; which therfore no other can have the power or ftrength to break, or fom other breaking, niuft but Jofe that which they pretend to gain, to wit, the Right, which in this cafe muft ftill fall to the Might, devolving upon the People. That Mr. Wren will needs fancy the Tribes or Citys in Ocema, as thofe in w. p. 87. the united Provinces, or the Cantons o( Switzerland, to be diftinft Sove- raintys, concerns not me, feeing the form of Oceana is far other wife ; nor indeed him, feeing neither do the Citys in Holland, i\ox the Cantons in Switzerland go about to dilTolve their Commonwealths or Leagues, The Champion having thus fail'dat the head, is contented to play low. Tho there be care taken, fays he, that at the Ajfemblj of the Hundred"*^- r i8i. and the Tribe ^ fuch andfuch Magifirats jjjould be elected out of the Horfe, there is no necejfary frovifion there jjjould be any Horfe there, out of which to ele6i. And where can they be then, if not in fom Parifh ? He might better have faid, that at the Parifh there was no care taken, that the People fhould not eleft too many of the Horfe, which being indeed thedefeft of the foimer, is in this Edition reftify'd. His h^Sec Pro^,- exception is againft the place' where I fay, that T/jr)/ "'^0 take upon(^"'''^f^^' them the profefjion of Theology, Fhyfic or Law, are not at lei fur e for the ' EJfajs, ivherby the Touth commence for all Magiftracp and Honors, in the Commonwealth, To which reafon he offers not fo much as any An- fwer : nor pretends any other Argument againft it, than that this ex- cludes Divines, Lawyers, and Phyficians, from thofe Honors to which their Parifh Clerks, their Scriveners, and their Apothecarys, hay Far- riers and Coblers may attain. And what can I help that, if it ought ne- verthelefs fo to be, tor a reafon which he cannot anfwer ? Nay, if fo it be in common practice where the reafon is nothing near fo ftrong, feeing a Parifl: 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 neverthelefs that a Divine, a Lawyer, or a Phyfician fliould be, were abfurd 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 ouglic to be contented; and more than all. Civil Intereft contra6led by a Clergy, corrupts Religion. For Lawyers, their Practice and Magi- ftracys are not only the mofl gainful, but for life ; and in a Common- wealth, neither is accumulation of Magiftracy juft or equal, nor the confounding of Executive and Legiflative Magiftracy fafe. Will Mr. Wren believe one of our own Lawyers, and one of the learnedft of them upon this point ? It is the Lord V e r u l a m : They, fays he, vcniijm dc who have written ( de legibus ) of Lawmaking, have handPd this Argu- ^J'^i- ^'^'^^"•^ ment as Philofophers, or as Lawyers. Philofophers Jpeak higher than will ^^' '^^^'^; fall into the capacity of pra^fce (to which may be refer'd Plato's Commonwealth, Sir Thomas More's Vtopia, with his own J/- lantis) and Lawyers being obnoxious, and addicted each to the Laws of their particular Country, have no freedojn nor fncerity of Judgment, but plead O o as 466 The Art of Laiipgiving. as it were in bonds. Certainly the cogniz,ance of thefe things is mojl pro- perly pert/tinifig io foliticd Perjons, who befi kiwiv what Jlands with hu- man Society, tvhat with the fafetj of the People, what with nattird Equit/,- with antient Prudence, and with the different Conjlitution of Common- wealths. Thefe therfore, by the Principles and Precepts of natural Eqatty and good Policy, may and ought to deteryuln of Laws. For Ph} fici;;ns', who (asfuch) have in the management of State Affairs no prejudice, if you open them the door, they will not at ail, or very rarely, com in : wherby it appears, Firft, that fucli a bar may in foin cafci be no violation of Liberty ; and, lecondly, that the Divines, wlio for better caufes might be as well fatisfy'd, and for more unanfvvera- ble Reafons ought to forbear, yet are impatient, and give a full tefri- mony that their meaning is not good. THUS is the Commonwealth by Mr. W r e n opposed, by iiim afferted. There remains no more to the full confutation of his Book, than to fliew how the Monarchy by himaflerted is by himdcflroy'd. This is to be don by the examination of hi^ ninth Chapter, vvliicb is the next of thofe to whicli he refer'd us. SeS. 3. THE oppofition made by Mr, Wren to a Commonwealth, Thut ^ and his pretended afierting of Monarchy, run altogether upon ^'^ertior^f Mr. H o B s"s Principles, and in his very words ; but for want of un- Morurciy a- derftanding, much enervated : Co that Mr. Wren's whole leat of 's'i^rn'^f ^''™^ corns but to have given me a weaker Adverfary for a flronger. it^ Iff Souerai/ity, fays he, the dijfas'^d Jlrength of the Multitude, is united w, p. 97. in one perfon ; which in a Monarchy is a natural perfon ; in a State, an artificial one procreated by the maprity of Votes. 'This then is the grand \v. p. 5p. Jecarity of aV Soverains, ivhether fngle Perfons or yiffemblys, that the uiii- ted Tones of their SubyeBs, with which they are invejled, is fufficient to fapprefs the beginnings of Seditions. Who reads Mr. H o e s, if this tc news? But what provifion is made by cither of thefe Authors, th?.t the Forces of the SubjeQ: muft needs be united ? Is Union in Forces, or in Government, an Effeft whcrof there is no Caufe ? Or to what cau'c are we to attribute this certain Union and grand Security ? Why let W. p. 103. there be fuch a Nobility as may be a Monarch s Guard againji the People. And left a Monarch fland in need of another Guard againfl this Nobhitj^ let none of thefe excel the reft of his Order in power or dignity. Which Effeds or Ends, thus commandoJ, vouchfafe not to acquaint us with Ibid. tlieir ways : Yes, let the Nobility ha-ve no right to affemhle tbemjehesfcr eleBing a Saccejfor to the Monoichy, or for makifig of War or Peace, or for nominating the great Minijlers of State, or for performing any other Ati which by the nature of it is infeparabkfrom the Soverain Power. But why then muft fuch a Nobility be a guard againft the People, and not ratl^cr a guard for the People, feeing both their Interefts and Sufferings at ihn rate are the fame, and include thofe very caufes for which, in the ]??- rons War, the Nobility became Incendiarys and Leaders of the Pco^ve of England againft their Kings, and fo thofe wherby their Captain came to excel the reft 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 fufficicnt Mihtix ; and font places of flrength where a few may be jecure againfl a ntimhir. For places of Strength, Citadels, or Caftles, there were in the time of the Barons Wars, more than fom ; yet were they, as to this pur]>cfe, none. But a Militia is one thing, and a fufficient Militia is another; where the Government confifts of a Nobility and of a People, wiiac fuilicicat The Art of Lawgiving. a^j fufficient part of the Property or Revenue of the Territory can there remain to the Prince, wherby to have always in pay fuch a Mihtia, as may be fufficient to keep the Nobility and the People from joining/ or to fupprefs them being join'd ? If thefe be fmall Armys, the hke may befal them, which befel thofe of the Kings in the Wars of the Barons. And if they be great Armys, the Prince has not wher withal to fup- port or content them ; nay if he had, Mr. Wren tells us plainly, w. p. io5. T/jaf Princes who keep great Armys, as Guards to their Perfons or Empires, teach us that this is to walk upon Precipices ; there being no pojjibilitj of preventing fuch an Army (fpecially if they ■ ly ftill without imployment ) from acc^uiring an inter e^ diJlinB from that of the Prince. Wherfore (to follow Mr. Wren, and no other Leader, in his own words againft himfelf) this Militia being great, cannot be fo inftituted, as to have no interefl: befides the pay it receives from the Monarch ; nor fo as to have no hopes of being fafe in their own ftrength, if they fhould withdraw themfelves from the Service and Obedience due to him : and being not great, againft the whole Order or Orders of the Nobility and the Peo- ple they cannot be fufficient. What then remains but to fay, that Mr. Wren having declar'd the perfection of Monarchical Govern- w. p. 107.1 went to confifi in a mixture of Monarchy by a Nobility, and a Monarchy by Arms, has as to his Model intirely fubverted Monarchy ? In this way of difputing, I have rather folio w'd my Leader than Reafon ; the true Anfwer being that which was given in the Preface, namely, that an Army to be elfeOiual in England, muft be fuch where the Officers have popular Eftates, or where they have fuch Eftates as had the antient Nobility : in the latter cafe, they make a King ; in the former, a Commonwealth. But Mr. Wren will have his own way ; and therfore, to conclude, let me but defire him to lay his hand upon his heart, and then tell me, whether the condition of the Nobility (to whofe favor in my exclufion he pretends a meritorious Title) fliaring eminently and according to their rank with the People in the Commonwealth by me propos'd ; or the condition of the Nobility under the infolence and burden of a mercenary Army, fharing equally with the People in Oppreffion and Slavery, or re- viving the old Barons Wars for new Liberty, in the Monarchy by him propos'd ; be the more defirable. And to fpeak a word for my Adverfary, we will fubmit it wholly to the prefent Nobility, whether Mr. Wren or I be fo extravagant in thefe things, that they have, or can have any other than the like choice. Yet enters not Mr. Wr e n iWd* into defpair of living to injoy his fljare ( which ought to be a good one ) of the Felicity s which will belong to the Subjects of fuch a Government. He looks upon Perfons, but Things are invincible. THE reft of his Book (to which The Prerogative of Popular Government is ftill a complete Anfwer ) confifts altogether of grofs evafion or invedive, or of drawing out of ftory againft Popular Pru- - dence fuch imaginary Swords as do but ftand bent. To redify or ftreighten thefe, I may hereafter prefent him (if any man fhall think it worth the while) with a fuller Anfwer. Ooo ^58 ^ Word concerning A vv o R D Concerning a Houfe of P E ERS, No man knowing what is neceffaryto theFoundation or Being of a Popular Government, can hope or exped. the intro- duftion of any fuch Form, where Monarchy is not im- prafticable. They (where Monarchy is imprafticable) who com firft to difcover it, and be convinc'd of it, if Reafon be not altogether depos'd, are inevitable Leaders. Hence it is that our Common- wealthfmen are already renown'd throout this Nation for their invin- cible Reafons even by the confeliion of their Opponents, or fuch as procede neverthelefs in other ways. But where Seed is fo'well fown and rooted, intervening Polfeffion and Interefts are like fuch Weather as holding back the Spring, yet improves the Harveft : Common- wealthfmen indeed may have a cold time on't, but upon the Common- wealth itmuft bellow Fermentation. Had our incomparable Affcrt- ors of public Liberty appeared before a univerfal eviftion of the ne- ceflity which inforces their Caufe, it muft have bin thro fuch a re- luftancy, as would have made them glad to do things by halves, which is the only Rock to a rifing Commonwealth of Scandal, or of Danger ; the whole being fuch againft which there is nothing to be alleg'd, and the half what may be eafily confuted. Thefe things confider'd, what appearance is there but that it muft redound to the greater advantage of our Commonwealthfmen, that we are under the force of a prefent Humor which abhors the very name of a Commonwealth ? Seeing by this means one of two things muft of neceffity happen, and com fliortly to public view or difcovery : either that Monarchy is pra6li- cable, or that it is not practicable ; I mean, in our ftate of Affairs, or in this prefent diftribution of the Balance. If Monarchy be found practicable, Commonwealthfmen are fatisfy'd in their Confciences, and fo ready in lair ways to return, and fubmit not only for Wrath, but for Confcience fake. But (let Divines cry Atheifm, and Lawy- ers Treafon) if it be once difcov er'd to common Underftanding that Monarchy is impracticable, then in coms the Commonwealth, not by halves, but with all its Tackhng, full fail, difplaying its Streamers, and flourifhing with Top and Topgallant. THE ways wherby it is at hand to be difcover'd whether Mo- narchy be prafticable or impracticable, are particularly two ; the one quicker, the other Hower : The quicker way will be by the Work* men, the flower by the Work. > , I F the Workmen, being ■ willing, be yet overcom by the mevt obftinacy of their Matter, it amounts to a plain confeflion, that Mor narchy is impracticable. And if they give away the Libertys of the People, they are overcom by the obftinacy of the Matter ; for that is not their Work ; nor any other Work than fuch as muft be ufelefs, pot \o much in regard of it felf (tho that may be true enough) as by the want of any other Security than what the Prince had before, that ■^ is. a Hojife of Peers. /^6q is, an Army. And fuch an Army, which for fecurlty is as good as rone at all, nay the very contrary, as has bin fhewn aheady : nor to-Artofuw- be alter'd with better fuccefs than theirs, who became Princes in Gre-^'^'''^» P-4??' cian and Sicilian States. B U T if the Workmen give not away the Libertys of the People, then muft they fo hmit their Prince, that he can in no manner invade thofe Libertys ; and this by any other means than the full and pcrfeft introduftion of a well order'd Commonwealth, they will find to be utterly impoflible : So either way they are overcom by the mere ob- ftinacy of their Matter. I F thro fom fecret Diftat (as when the Senat of Rome was Con- viva Cefaris) or a haft to make riddance, this be not perceiv'd by the Workmen, it will be but the more perceivable by the Woik when it coms to wearing or in praftice ; and the Flaws or Grievances being found infupportable, the next Parlament, thro the mere want of any other remedy, muft introduce a Commonwealth. GOOD, and egregivufly Prophetical ! But rvhat fay you for all this, if rve have a Houfe of Peers, and that even for the Lord^sjake, there beina no other rvay to fecure Liberty of Confcience ? Why I fay, i'i we have a Houfe of Peers, it muft be a Houfe of old Peers, or a Houfe of new Peers, or a Houfe of the one and the other. Moreover I fay. Let it be which way you will, fuch a Houfe may at fom time, or for fom reafon, be perfonally affedted to Liberty of Confcience ; but is a Conftitution in it felf naturally averfe, and contrary to Liberty of Con- fcience, and therforecan be no fecurity cothe fame, whether the Lords be Spiritual, or Temporal, or partiperpale. LORDS Spiritual are infpir'd with a third Eftate, or (hare of a Realm, which gives no toleration to any Religion, but that only af- ferting this point, which is Monarchy. Setting this Oracle, and fom Hke Reafons of State afide, wc may think that every Soverainty (as fuch) has Liberty of Confcience: This a King having, cannot give; and a People having, will not lofe. For Libeity ot Confcience is in truth a kind of State, wheiin a man is his own Prince : but a Houfe of Peers fets up another Prince ; it cannot ftand without a King. If the Balance be in the Lords, as belore Henry the Seventh, yet muft they have a King to unite them, and by \a hom to adminifter their Government; and if the Balance be nor in the Lords, they ftand or fail with the King, as the Houfe of Peers in the Long Parlament ; and the King falling, their Government devolves tc the People. Again, a Houfe of Peers having the overbalance, fignifys fomthing ; in which cafe it has not bin known to be for Liberty ot Confcience : and nor having the overbalance, fignifys nothing ; in which cafe it cannot fecure the Liberty of Confcience. Thus a Houfe of Peers, whether fom- thing or nothing, is no way for the Liberty of Confcience, but every way for a King : and a King is a defender of the Faith. The Faith a wherof a King is defender, muft be that which is, or hefliall callhis own Faith ; and this Faith it concerns his Crown and Dignity, that he defend agRind all other F^.irhs. True it is, that a King for a ftep to a Throne, may ufe what is readieft at hand : Otherwife where there is Liberty of Conicience, to affeit Civil Liberty by Scripture can be no Atheifm ; which lames a Prince of one Arm. But where Liberty of Confcience is not at all, or not perfefl:, Divines, who (for the greater part) are no fair Huntfmen, but love dearly to be poaching or club- bing A JO A Word concerning bing tvith the fecular Arm (tho if we, who defire no fuch Advan-- tages, might profccute them for abufing Scripture, as they have don thisthoufaiid years, to all the ends, intents, and purpofes of Monar- chy, they would think it a hard cafe) Divines, I fay, not only brand the Aiiertors of Civil Liberty with Atheifm, but are fom of them ftu- dious in Contrivances, and quaint in Plots to give a check or remove to this or that eminent Patriot, by the like pretences or charges ; which fucceding accordingly by the power of a Parlament, they may at length com to have a Parlament in their power. Where there is no Liberty of Confcience, there can be no Civil Liberty ; and where there is no Civil Liberty, there can be no fecurity to Liberty of Con- fcience : but.a Houfe of Peers is not only a neceffary, but a declar'd check upon Civil Liberty ; therfore it can be no fecurity to Liberty of Confcience. And fo much for this particular. NOW to make upon the other parts propos'd, and in a mere civil fenfe, fom fartlier conjedure. WHEN a Houfe of Peers fets up a Houfe of Commons, as in the Barons Wars, they will govern the Commons well enough for their own purpofe, and not feldom the King too. BUT we are to fpeak of a thing without any example, a Houfe of Peers fet up by a Houfe of Commons; nor, in the want of example, are we thought worthy by our Adverfarys to be furnifh'd with Rea- fon : fo the guidance of our Difcourfe upon this point is committed to Mother Wit, a notable Goflip, but not fo good a Politician. NEVERTHELESS, if this Houfe confifts of old Peerage on- ly, we have direftion enough to know how that will be ; for either the fingle Perfon, or the Commons will be predominant in the Go- vernment : if the Commons be fo, then it will be with the Peers, as it was before their lafl: Seclufion ; that is, while they do as the Com- mons would have them, they may fit ; otherwife they are fent home. And if the fingle Perfon be predominant, it can be no otherwife than by an Army ; in which cafe the old Peers being not in Arms, nor having any help that way, are as much under the Yoke as the Com- mons. By which it may be apparent, that it is the great intereft of the prefent Peerage, that there be a well order'd Commonwealth ; o- therwife the Commons being in bondage, the Lords, whom that leaft becoms, are but equal with them : and being free, the Lords are not the head, but at the foot of them ; wheras in an equal Common- wealth, that the Nobility be not at the head, or have not the leading, is quite contrary to all Reafon and Experience. IF the Houfeconfifts of new Peers only, it muft confift of the chief Officers in the Army ; which immediatly divides the Government into two diftinft Governments : the one in the Houfe of Commons, whofe Foundation is the Body of the People ; the other in the Houfe of Peers, whofe Foundation is the Army. This Army if it remains firm to the Peers, they not only command the Commons, but make and un- make Kings as they pleafe ; or as ambitious Partys and Perfons among themfelves are diligent or fortunat : But if the Army (as is mofl: and more than moil: likely) corns off' to the Commons, the Peers are no- thing, and the Commons introduce a Commonwealth. IF the Houfe confilb of new Peers and old, the old Peers wtiile they like it, are Cyphers to new Figures ; and when they like it not, may go home again : Nor whether they ftay or go, is this cafe fo different # from a Honfe of Peerr. ^yi frr.m the former, as to be any greater obft:ru6tioii to a Common- weak li. T O liatc the very name of a Commonwealth, or not to fee that England c^n be no other, is as if men were not in earneft. It is ask'd oi the Coinmons what the Proteftor fhall be, and he can be nothing but v^hat they will. It is ask'd of the Commons what the other HouCc (hall be, and ic can be nothing but what the Commons will. The Comm.ons are ask'd whofe the Army, whofe the Militia, whofe the Negative Vote is ; nor can thefe be otherwife determin'd than as tliey pleafe. The Commons are ask'd whether they will make fuch a War, whether they will pay fuch a Debt, whether they will advance fuch a Sum ; all which are intirely at their difcretion: therfore a£tual- ])• and pofitiveiy England is a Commonwealth. Nay, and that there remain not the leaft doubt, whether it befafefor any man to fay thus much, the prefent Government has either no legal denomination at all, or is legally denominated the Commonwealth : the queftion of the future ftate of it coms not one whit upon the matter, which is already granted, -but upon the form only, A Commonwealth for the matter makes it felf ; and where they will not beftownpon it the Form ne- cefTary, fails not of coming to ruin, or, at leaft, to difgrace the Work- men : Or, to fpeak more properly and pioufly, a Commonwealth is nor made by Men, but by God j and they who refift his hoiy Will, are Weapons that cannot profper. Feb. 20. KJ59. S I X Six Political TRACTS Written on Several Occafions. VIZ, I. Valerius and TuUicola. A Dialog. II. A Syftem of Politics;, delineated in fliort and eafy Aphorifms, now firft publiih'd from the Author's own Manufcript. IIL Political Aphorifms. IV. Seven Models of a Common wealth, Antient and Modern, &-€, V. The Ways and Means of introducing a Commonwealth by the Gonlent of the People. VI. The humble Petition of divers well affeded Perfons : with the Parlament's Anfwer therto. PPP 475 Valerius and Publicola: Or, the True FORM OF A POPULAR COMMONWEALTH ExtraiSted Ex fum Naturdihus. Quos perdere yult Ju pit Eft, hos dement at print. To the READER. THE way of DiaSl^hlng ;jot faithfully manag'd, is of aH others the ntofi fraudttlent ; bat being faithfully matia^d^ is the clear efi and moft effectual for conveying a mans fenfe into the under^ fianding of his Reader. There is nothing in this World^ next the favor of God, Ifo much defire as to be familiarly under flood \ which becaafe great men have thought below them, has frov'd hitherto but the ruin of themfelves, and the detriment of the Public : for which reafon^ having trfd all other means, I now add this. Mymork^ if I be not given over to utter blindnefs, is the fame with, or nearejl, that of the Nation ; and the Work of the Nation being not underftoody is in extreme danger of uttef ruin. Valerius. DEAREST Publicola, how have I long'd to meet you^ and in the favorable filence of this long Walk ! Publicola. What has my noble Friend Valerius to command his faithful Servant ? Val. Why really, notwithftanding the tumult of thefe extravagant Changes, your laft Difcourfe had fo much of my attention then, and has had fuch a digeftion with me fince, that I feel it running in my Veins. Pub. Do you find in that any temtation to the buckling on of High- fhoon ? Val. My thoughts, Publicola, are quite of another ftrain j fomtimes I fancy I fee England grafping at Empire, like Rome it felf. Ppp 2 Puk 476 Valerius and Publicok. Puk Why then Valerius, my Difcourfes are not fuch as they fay ; there runs nothing of tfiem in your Veins, that has imbas'd your noble Blood. yal. The Heraldry of them is of as high a pitch as the Policy ; but I would have them be a little lower in fom tjiings. Pah. What are thofe ? Fal. The Vulgar complain of you, that you are too learn'd. Pub. I thought it was not you, Valerius. Fal. For all that, I could be contented to fee you raife your Strudure by your own ftrength, and without the help of other Authors. Puh. That I dare fay you may, when you pleafe. FaL I muft fee it then, before I lofe the covert of thefe reverend Ejips. Puk You take care that the Building fhould be well fituated ; and for the Foundation, I may prefume by what has already paft between you and me, that we are long fince agreed. Fal. That the threefold Balance, or Diftribution of Property is the caufe of the triple way of Government, I fully confent with you ; as alfo, that the Balance now in England is in the People plainly; and ex- clufively both of a King and Ljords. Puh. You are not of them that grant this, and then ask which way a Commonwealth fhould be introduc'd in EngUnd. Val. Why truly yes ; feeing not only the People are fo wholly un- acquainted with the means, but their Leaders fo averfe to it. Puh. Think you that a Plant grows the worfe for not underftanding the manner of its Vegetation ? ^>** Val. A Plant is not a free Agent ; but among Men who are free Agents, the Introduftion of Government feems to be Arbitrary. Puh. What, where there is no more than Hobfon's choice, this or none Val. It is true, that if they can have nothing elfe, they muft at length have a Commonwealth ; but tho they can have nothing elfe to be holding, yet they will be trying other things. Pub. There is all the mifchief Vd. And enough to ruin the Nation. Pub. To hurt it very fore, but not to ruin it ; nor yet to evade a Commonwealth, except they expofe us to foren Invafion. Vd. I am glad of your Confidence. Pub. You may let it pafs for Confidence, if you pleafe ; but if there be no other way except that only of Invafion, wherby the prefent Ba- lance can receive a change fudden enough to admit of any other Form, the reafon why we muft have a Commonwealth is coercive. Vd. And putting the cafe it be the Will of God to defend us from foren Invafion, how long will it be ere they fee at home the coercive- nefs of this Reafon, or, which is all one, that all Power is in and from the People ? Puh. Good Valerius, how long is it fince this was both feen and declar'd in Parlament ? Vd. Perhaps as they meant, it might be admitted as a Principle even in Monarchy. Pub. This with your pardon you will revoke, feeing you well re- member that this their Declaration of Power in the People, has bin ex- clufive of King and Lords, and that in exprefs terms. * Vd. Valerius and Publicok. ajj Val, But in this they related not at all to the Diftribution of Property. Fuh. Why then, there is not fuch a difference between thegrowino- of a Plant and of a Commonwealth, as you thought ; feeing a Com-i monwealth knowing as little, dos no lets. Val, This of all others is to me a Confideration fulleft of comfort Vuh. It will in time precede accordingly, thro a mere nece(fity of nature, or by feeling ; but your defire, Ifuppofe, is to know how it fliould be rationally introduc'd, or by feeing, and that with more eafe and greater fpeed. Vd. If it might pleafe God, I would live to have my fhare of it, tho I fear I never (hall. ?uh. You carve for your felf ill : for by hope a man injoys even that which he never corns to attain ; and by fear he is deprivM even of that which he corns not to lofe. Vd. I muft confefs that our Army has it now in their power to in- troduce a Commonwealth. fuh. And there is no other aftion in their power that can excufc them. Vd. Putting the cafe they would hearken to you, what courfe would you advife ? Vuh. The fame that I have advisM over and over* Vd. As how? l?ub. As how ! is that yet a Queftion ? Let them divide the Terri* tory into fifty equal parts. Vd. They will never make a new divifion. Vuh. Why then they fhall never have an equal Commonwealth. ^ Vd. What ill luck is this, that the firft flep fhould be fo difficult ? Vub. You fpeak as if never any Territory had bin divided, wheras there is none that has not ; and Surveyors will tell you, it is a work to be perfeftly perform'd in two months, and with eafe. Vd. Putting the cafe this were don, what is next ? Vuh. The next is, that the Commonwealth were complete. Vd. Say you fo ? this indeed makes amends : but how? Vuh. With no more addition, than that the People in every diftinfl divifion eleft annually two Knights and feven Deputys. Vd. I dare fay the People would never ftick at this. Vuh. Not flicking at this, they of their own power have inftituted the two great AflTemblys, of which every Commonwealth confifVs. Vd. But in advifing thefe things, you muft advife men fo that they may underftand them. Fnb. Valerius, could I as eafily have advisM men how to un-» derfland, as what to do, there had bin a Commonwealth ere this. Vd. Com, I will have you try fomthing of this kind, apd begin upon fom known Principle, as this, All Power is in the People. Pub. Content. But the diffufive Body of the People (at leafl in a Territory of this extent ) can never exercife any Power at all. Vd. That is certain. Pub. Hence is the neceffity of fom form of Government. Vd. That is, the People of themfelves being in a natural incapacity of exercifing Pow er, muft be brought into fom artificial or political ca- pacity of exercifing the fame. Pub. Right. Now this may be don three ways ; as firft, by a fin- gle Perfon • 478 Valerius dnd Publicok* yd. How! Puh. Nay, I am not likely to trouble you much upon this point i but as you were intimating juft now, there are Royalifts who derive the original Right of Monarchy from the confent of the People. Fal. There are fo. Pub. And thefe hold the King to be nothing elfe, but the Reprefen- ter of the People and their Power. yal. As the Turc. Pub. Yes, as the Turc. Vd. The Peoples Power at that rate corns to the Peoples Slavery. Pub. You fay right ; and fo it may at other rates too. Vd. As how? Pub. Why as I was about to fay, The Power of the People may be politically brought into exercife three ways ; by a fingle Perfon ; by an AlTembly confifting of a few ; or by an Affembly confifting of many. Vd. Or by a mixture. Pub. Nay, I pray let that alone yet a while : for which way foever you go, it muft com at length to fom mixture, feeing the fingle Perfon you nam'd but now, without his Divm or Council to debate and pro- pofe to him, would make but bad work even for himfelf. But as the Government coms to be pitch'd fundamentally upon one of thefe three, fo it differs not only in name, but in nature. Vd. I apprehend you, as Monarchy, Ariftocracy, and Democracy. Pub. Nay, you are out with your Learning, when you have tor- bidden it me. But in Countrys where there is not a Nobility fuffici- ently balanc'd or inrich'd, there can be none of your Ariftocracy ; and yet there may ( as long as it will laft ) be a Government in a few. Vd. What call you that ? Pub. Nay, what fay you ? Vd. Com, it is Oligarchy : when all is don, fom words of Art wc muft ufe. Pub. I thought you would com to it ; and yet feeing I have pro- mis'd, I will be fparing. But with your pardon, you have diforder'd my Difcourfe, or by this time I had fliew'd, that if the Power of the People be committed to a fingle Perfon, the common Intereft is fub- mitted to that of a Family ; and if it be committed to a {tv^., it is fub- mitted to the Intereft of a few Familys. Vd. Which, fo many times as they are more than one, is fo many times worfe than Monarchy. Pub. I am not forry that you are of that mind. For there is no fuch thing as a Commonwealth, or, as you fay, Democracy in nature, if it be not pitch'd upon a numerous Affembly of the People. Vd. What call you numerous ? Pub. Why, an Affembly fuch for number as can neither go upon the intereft of one fingle Perfon or Family, nor the intereft of a few Per- fons or Familys. Vd. How will you conftitute fuch an Alfembly ? Puh. Commonwealths for the Conftitution of their Popular A ffem- blys, have had two ways. The firft by inrolling all their Citizens, and ftating the Quorum in fuch fort, that all to and above the ftated number repairing at the time and place appointed, are impower'd to give the Vote of the whole Commonwealth. # Vd. Valerius and Publicola. 4-70 Val. The Athenian Quorum was fixthoufand; which towards the latter end of that Commonwealth came to five. Puh. So, fo, you may quote Authors : But you may remember alfo, that Athens was a fmall Commonwealth. Val. How many would you advife for England ? Pub. Put the cafel fhould fay, ten thoufand ? Val. They will laugh at you. Pub. What can I help that ? or how many would you advife ? Val. I would not go above five thoufand. Pub. Mark you then : they only that are neareft would com ; and fo the City of London would give Law to the whole Nation. Val. Why really that fame now is clear ; but would there be lefs danger of it, in cafe you ftated your Quorum at ten, at twenty, or tho it were at a hundred or two hundred thoufand ? Pub. No : For which caufe, as to England^ it is a plain cafe, that this is no way for the inftitution of a popular Affembly. Val. Which way then ? Pub. For England there is no way but by Reprefentative, to be made to rife equally and methodically by ftated Eleftions of the Peo- ple throout the whole Nation. Val. Needs this to be fo numerous as the other ? Pub. No. ' Val. Why ? Pub. Becaufe it is not obnoxious to a Party, to any certain Rank, orfuchasarefooneft upon thefpur, or that make leaft account of their Pains or-of their Mony. Fal. Will you be fo curious ? Pub. Doyou think this aCuriofity? How elfe will you avoid im- provement in the Intereft of the better fort, to the detriment of thofe of meaner rank ; or in the Intereft of the Few, to the detriment of that of the Many? Val. But even this way there is danger of that foul Beaft the Oli- Puh. Look about you. The Parlament declares all Power to be in the People ; is that in the better fort only ? Val. Stay; the King was to obferve Leges & Conjtitutiones quas 'vulgas elegerit : That Vulgui is to be underftood of the Parlament ; and the Parlament confifted wholly of the better fort. Pub. It is true ; but then that Commonwealth afted in all things accordingly. Val. It was, you will fay, no Democracy. Pub. And will you fay it was? Val. No truly : yet this deriv'd in part from the free Election of the People. Pub. How free? feeing the People, then under Lords, dar'd not to eleft otherwife thanas pleas'd thofe Lords. Val. Somthing of that is true ; but I am perfuaded that the Peopla, not under Lords, will yet be moft addicted to the better fort. Pah. That is certain. Val. How then will you prevent the like in your Inftitution ? Pub. You fliall fee prefendy. The diffufive Body of the People, in which the Power is, and is declar'd to be, confifts in the far greater part of the lower fort : wherfore their Reprefentative, to rife natural- ^^8 o Valerius and Publicola. iy, and to be exaftly comprehenfive of the common Intereft, muft co'nfirt alfo in the far greater part of the lower fort. Val. Of what number will you have this Reprefentative ? Tub. Suppofe a thoufand, or therabout. Vd. What proportion will you have the meaner fort in it to hold to the better ? Pub. Suppofe aboutfix to four. Val. How will you order it, that it fhall be fo conftituted ? Pub. Why thus : Let the People in every PrecinQ: or Shire at E- leftion chufe four under one hundred pounds a year in Lands, Goods, or Mony, together with three at or above that proportion. Val. I fee not but this Reprefentative muft be exaft. Pub. It is yet none at all ; that is, unlefs you prefume Changes: for one thoufand, without change governing the whole People, a- mounts neither to a Reprefentative nor to a Commonwealth, but conjs ftill to your hard name. Val. How do you order your Changes ? Pub. By annual eleftion of one third part for three years. Val. So that every year one third part of your Affembly fallsout of itj and a new third part at the fame time enters into the fame. Pub. Evenfo. Val. Thiscaufes theReprefenfative to be perpetually extant. Pub. It dos fo : But to refpit that a little, I fhould be glad, before I ftir farther, to know which way the Vote of a Reprefentative thus conftituted, can go one hairs breadth befide the common and publid Intereft of the whole diffufive Body of the People. Val. No way in the Earth that I can imagin, except thro igno- rance. Pub. No Human Ordinance is infallible ; and what is don thro mere ignorance or miftake at one time, will be found and amended at a- nother. Val. A thoufand men, and fix to four of the lower fort perpetual- ly extant ! this muft be a grievous Charge to the moft of them ; it will be hard to bring them, and impoffible to hold them together. Pub. Upon fuch as are elefted and com not, confiderable Fines muft be levy 'd ; and fuch as com and ftay together muft have good Salarys. Val. Salarys to fo many ! what will that com to ? Pub. Not, with the reft of the Commonwealth, to three hundred thoufand pounds a year, Val. Why ? the Kings have rarely had above fix. Pub. And did Ei'igUnd ever grudg them any part of that propor- tion? Val. I muft confefs the Quarrel grew when they would not be con- tented with fo little. Pub. Now if England never did, nor needed grudg a King fix hundred thoufand pounds a year, to be fpent among Courtiers, why fliould we imagin Die fhould grudg a Commonwealth three hundred thoufand pounds a year, to be fpent among Magiftrats ? Val. But Parlamentmen have taken nothing. Pub. Have the People given nothing ? Val. That was for the maintenance of Armys. Ptib. And whether had you rather maintain Armys or Magiftrats? * Vah Valerius and Publicok. 481 yal. But putting the cafe that this Aflembly needed not to be per- petually extant, this Charge in the whole or in the far greater part might be abated- Puk I cannot tell : for how often think you fit that this AfTembly fhould convene ? f^al. Parlaments at moft met not above once a year. Pak If they had bin perpetually extant, there would have bin no King. Fal. No truly, except in name only. PaL Therfore the Popular AfTembly in a Commonwealth ought not to be perpetually extant. Fal. To the end, you will fay, that there may be fom King. Puh. Mock not: or what other guard of Liberty is there in any Commonwealth, but the Popular Aflembly ? Fal. Com, let them aflfemble twice a year upon their ordinary Guard. Pul>. And what if there be an extraordinary occafion ? Fal. Then, as often as there is any fuch occafion. Puk How much will this abate of their neceflary Charge, or of the Salarys ? And how much better were it for a Reprefentative to lead the Life of Statefmen than of Carriers ? Fal. Commonwealths, whofe Aflemblys have bin of the former kind, havecall'd them no otherwife than at ftated times, or upon ex- traordinary occafions. P«^, But then their Affemblys were not equal Reprefentatives, but confifted of fuch as being next at hand were ftill ready upon any occa- fion. f^al. That makes indeed a confiderable difference : But were this Reprefentative always extant, I cannot fee but it would have nothing to do. Puh. And in cafe it be not always extant, you imagin that it may have fomthing to do. Fal. Yes. Pub. Then whether gos it better with the Commonwealth when the Reprefentative has fomthing to do, or when it has nothing to do .? ral. This is very quaint. Puk No truly, Valerius, it is plain, that the Guard of Liberty perpetually extant, in doing nothing muft do much ; and not per- petually extant, in doing much may do nothing. Fal. I am afraid that having nothing to do, they will make work. Pak Such I warrant you as the Parlament and the Army made the other day. Fal. Nay, lam not fowide. A civil Council and a (landing Ar- my muft needs havelnterefts much more diftinft than two civil AlTem- blys ; and where there is not a like caufe, I know well enough there cannot be the like effeO:. Puh. I Dial] defire no more, than that you will hold to this ; and then tell me what Difputes there us'd to be between the Senat oi Venice and the great Council, which is perpetually extant, and confifts of a- bouttwo thoufand. Val. Nay, certain it is, that between thofe two there never was any difpute at all. 48 Valerius and Publicola. Pak Then tell me for what caufe fuch a thing fhould any more happen between the AfTemblys propos'd ; or, according to your own rule, from like caufes expeft like effefts. M You put me to it. _ / Pub. Nay, it is you that put me to it ; for you will be prefuming thatth'is Allembly can have nothing to do, before we com to con- fider what are their proper BufinelTesand Functions. Val. I beg your pardon, and what are thofe ? Pub. Vv'hy furely no fmall matters ; for in every Commonwealth truly Popular, it is infeparable from the Affembly of the People that firft they wholly and only have the right of Refult in all matters of Lawt^iving, of making Peace and Wan and in levying Men and Mony: Secondly, That the ultimat Refult in Judicature iy to them: and thirdly, That they have right to call to account, and to punifh their Magiltrats for all matters of Maladminiftration of Govcrn- yal. I alTure you this muft amount to a great deal of bufinefs. Pub. Certain it is, that in fom Commonwealths the Popular AlTem- bly by this means has bin perpetually imploy'd. Fal. And fo I think it might be in England. Pub. It n ight ; but I do not think it would. However, if it be in the undoubted right of the Popular AlTembly to procecle againft their Magifirats for Maladminiftration, would you leave it upon the hand of thofe Magiftrats, whether this Reprefentative fhould af- fembie or no ? Fal. Com, you have faid. enough, it were not prudent : but as to the matter of Appeals, it is certain that in Ifrael the ultimat Relbrt was to the Sanhedrim or 70 Elders. Pub. I know it very well : neverthelefs you fhall find that the Con- gregation judg'd Benjamin ; and if you mark the Appeal to the 70 Elders, you fhall find that it was not an Appeal of the Party for Relief, but of the judges in inferior Courts for further light and direflion in difficult cafes ot the Law. Val. Let me but know in what manner this AlTembly is to perform thefe Funftions, andl havedon. Pub. Why as to matter of Lawgiving, I told you that they* whol- ly and only have the right and power of Refult. Val. But to Refult, there muff necelTarily go precedent Debate; feeing a Man, much lefs an Affembly, refclves not upon any thing without fom Con fiderat ions. Motives, or Reafons therto conducing, ■which ought to be firft orderly and maturely debated : and how will you bring a thoufand men, efpecially being fix to four of the lower ibrt, to debate any thing with order and maturity ? Pub. You fay that the Popular AlTembly in Athens confifled at the leaft of five thoufand. Val. And I faid true. Pub. Yet this Affembly debated : Why may not a thoufand men debate as well as five thoufand ? Val. As well! Nay Publicola, if they" debate no better in your Commonwealth than they did in that, you may know what will becom of it. And to tell you true, I do not think that a thoufand men can debate any whit more orderly and maturely than five thoufand. Pub. And fo think I too. VaU How then? * Puh Valerias and Publicok.' ^^ j Pal>. How then ? Why this is the reafon of the Sehat hi every Commonwealth. Fat. So there miift be a Senac, which amounts to thus much ; with- out a Senat there can be no Commonwealth, and with a Senat there will always be Pra£lices upon the Liberty of the People. Puk How prove you that ? J^al. Why by the Senat of Lasedemoft h\ the beginning, and by the Senat of Rome throour. Puk But find you the like by the Scnats of Atheiss and yemce ? Val. No. Pub. Confider then that thefe were by Eledtion of the People, and upon frequent Removes, and that the former were defeftive in one or in both thefe circumftances. Vd. You intend your Senat upon Removes then ? Pub. Right. Vd. And Eledive by the People ? Pub. Yes. Vd. How ? by the Popular AfTembly, or by the body of the People in their Precinfts ? • Pub. By the body of the People in their Precinfts, at the fame timd when they eled their other Deputys, and with the fame circumftan- ces, except that thefe be all elefted out of fuch as have a hundred pounds a year real or perfonaj. Vd. What hurt, if they were elefted by the Popular AfTem- bly ? Pub. They would not derive fo immediatly, nor rife fo equally from the People, as when chofen in the Precinfts ; becaufc . this way every Shire corns necelTarily to have a fliare in the Senat : befides, wife men and underftanding are better known in their Tribes than they can be in an AfTembly outof their Tribes, efpecially while they are newcomers'; nor will the Popular AfTembly afford fo good achoice as the whole Peo- ple. There are other Reafons. Vd. Enough, enough. Of what number do you conftitute this Senat ? Pub. Of three hundred. Vd. Why fliould not one hundred be full enough for a debating Council, efpecially feeing Debate is the more orderly where the Counfillors are fewer ? Pub. You are to bear it in mind, that this Senat is upon annual change in one third part. Val. That is, every year one hundred having ferv'd three years, go out, and a new hundred corns in. Pub. Right: for which caufe, to have one. hundred well praftis'd indebate, yourSenat muft confifl of three hundred, Vxl. May not thofe that go out com prefently in again by a new Eleftion? . -^ Pub. j^otltall; for that were yet another way of continuing the Government in a few. Vd. Do you mean that no man fliall ferve in this Capacity, or in that of the Popular AfTembly, but once in his life ? Pub. I mean that a man, having ferv'd his term in one of thefe, may after a like vacation or interval be elected again to ferve in either of them, and not before. Q^qq 2 Vd. 484 Valerius and Publlcola. Val. At what age do you make a man capable of thefe Elections ? Pub. Not till thirty. Vul. He ftays a great while ere he corns to preferment, and is foon out again : at which rate a man fhould have much ado to attain to fufficient knowlege for the leading of the Commonwealth. * pub. This was never objefted againlf Farlamcnts. Val. It is true : but then the Eleftion of Parlamentmen was not obligM to any Interval, and divers have bin of every Parlament that was fummon'd during their Lives. Pub. Parlaments when they were the moft frequent, affembl'd not above once a year, very rarely fo often; and how long, pray, did they ufually fit ? Val. Som two or three months. Pub. I allow you the moft you ask : at which rate a man that had fat in twenty Parlaments, could not have fat above four years com- plete. Val. And in your Parlament, at one Eleftion he fits three. Pah. Mark you that ? Val. Yes, and more : Wheras a Parlamentman without interval could in twenty years have fat but four complete, in your Aitemblys a man obferving his intervals, may in twenty years ferve ten years complete. Pub. You allow that, I hope, to be fom advantage towards acqui- ring knowlege in conduft ; and yet antiently your Parlamentmen were in this point thought able enough. Val. Now wouldldefirenomore than to be as fully fatibfy'd, that thefe Senators muft be honeft enough. Pub. Which way can they be difhoneft ? Val. Indeed I am not yet acquainted with their ways : but if no- thing can be proposM to the popular Alfembly, except by thefe only, they fhould, I think, propole nothing but what is for their own ad- vantage. Pub. They aretheSenat ; and in that they have all the advantages that a wellorder'd Commonwealth can give to a Senat. Val. But they will be ftill hankering after more. Pub. As what? Val. Why Riches or Poweiy Pub. All Magiftrats are accountable to the Popular AfTembly ; aiid fo, without acquifition of Power, I cannot imagin which way they fliould turn themfelves to the acquifition 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 durft fo much as pretend to Power, Val. No ? Had not the Senat oflfrael, and that ofLacedemon Power ? Pub. Executive Power they had, in as much as they were Judica- torys ; but Legiflative or Soverain Power (which is that wherof we fpeak) they had none at all. i-_ Val. Other Senats have had other power, as in the managing of foren Affairs, and the like. Pub. Which ftill corns not to the point in hand, becaufe ih thefe and the like matters, as the creation of divers Magiftrats, the Senat ufes to be made Plenipotentiary by the Popular Aflembly, that is, by Lavr. Val. Valerius and Publicola. 485 Val. I hear them talk of making a coord inatSenat firft, and with- out the People, and then of aflembling a Parlament in the old way to govern with that Senat. Pub. Things, Valerius, are foon faid ; but Jf any Parlament whatever, fo it be elefted by the People (and, perhaps, ifotherwife) do not make it one of their firll works to pull down a coordinat Senat, I ask no credit to my Politics. V.iL This is to prophefy. Pub. Then, to reafon the cafe: I fay, That the Senat afluming Power, the popular Alfcmbly falls immediatly to debate; and the popular AfTembly debating, the Senat is i^fofaiio depos'd, there beino- no other neceflary ufe or funftion of the Senat but Debate only. Vd. You faid but now, That the Pojiular AlTembly could not de- bate. Pub. Not orderly and maturely: butuponfuchanoccafionas this, they will do as they can ; nor is it avoidable. Val. Nay, if there be fom occafion in which you allow that the popular AfTembly muft and ought to debate, there will hardly be any in which they will be perfuaded that they may not. So this will com to the pulling down of the Senat as often as the People pleafe. Pub. Which is fo much the rather to be fear'd, becaufe you fliall never find that popular AfTembly which did ever aftually depofe their Senat. Vd. Our Army has pull'd down a good many Parlarhents. Pub. What is that to the purpofe ? Is our Army a popular Allsm- bly ? Y«t let them pull down a Parlament as often as they pleafe, they muft fet up another ; and in this indeed there may be fom refem- blance : for let a popular AfTembly pull down the Senat as often as they t^leafe, they muft fet up another. Vd. Or a fingle Perfon. Pub. Right: for that holds both ways too, and (as to our cafe) will fland neither. Vd. 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, ftart hares, to be hunted in the tumult of the popular Aflcmbly. Vd. Verily, Publicola, this Model of yours is a moil intire thing. Pub. This with the necefTary confequences, as the divifion of the Senat into Senatorian Councils, the adorning and aduating of this and the other AfTembly with fit Magiflrats, wherof I have fufficiently difcours'd in other places, amounts to an intire thing. Vd. And you offer it freely. Pub. I do. Vd. Would it not grieve you to fee them crop a little of it, and fpoil it ? Pub. They had better take it to fom purpofe. Vd. Nay, what they take will be to fom purpofe, I warrant you. Com, there is a Party, a feleft, a refin'd Party, a Nation in a Na- tion, that mufl and will govern. Pub. That is it which I defire to fee. Vd. You are of a rare temper ; happy in unhappinefs. Pub, 486 Valerius and Publicok. Pub. O I love frequent Changes. Fal. Is that any of your Virtues ? Puk Yes, where wc are certain never to go right, while there re- mains a way to go wrong. yah They aic confident men. They cannot be perfuaded but they can govern the World. P/ih. Till tliey have try'd. Sucli as can govern the World, are fuch as can be govern'd*by Reafon. Now there is no Party rcfin'd, feleft, or what you will in England^ amounting to one twentieth part of the whole I'cople. Val. One twentieth part of the People, for ought I know, may amount to a hundred thoufand ; there is no Party any thing near this account, I dare fay. Pub. A twentieth part of the People can never govern the other nineteen, but by a perpetual Army. yd. "iliey do not like that the worfe. Pub. The People having bin govern'd by a King without an Army, and being govern'd by a Commonwealth with an Army, will deteft the Government 0^ a Commonwealth, and defire that of a King. F.iL Yes, fuch is the fpirit of the Nation. Pub. Such is the fpirit in this cafe of any Nation. yd. And yet they make it a particular quarrel. Pub. Tiiey. make every thing particular : if you fpeak of Jfrael, Athens^ Rome^ yef/ice, 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 tor this very thing, I know not how often, yet they are refolv'd to take no warning. y^l. P u B L I c o I. A, you will be flient. Pub. I am to perform my duty. To flatter is not my duty. yd. But between you and me. Do you not think that the fpirit of tlie Nation, or the main body of the People of this Land, defires the re- if itution of their antient Government ? Pub. I make little doubt of it. yd. How then in cafe of a Commonwealth are they to be trufled? Pub. In cafe of a Commonwealth, it is not the People that are trnfled, hut the Orders of the Commonwealth. yd. The Commonwealth muft confifl of the People. Pub. The People under> the Monarchy, when that invaded tliem, invaded it. yd. True, and in fuch a manner as has caus'd the ruin of it. Pub. What was the fpirit of the People then ? Fd. But it is now another thing. Pub. Nay, the very fame : for then it invaded a Government that invaded their Liberty, and now it would invade a Government that ifnvades their Liberty. ^ yd. But how fhould this be mended ? Pub. Do you not fee that this fliould not be mended, but in- courag'd ? yd. How Ihould it be incourag'd then ? Pub. By giving them a Form that muft preferve their Liberty. yd. I little doubt but there is in your Form a full fecurity to the People of their Liberty ; tut do you think that there is m it any full fecuritv Valerius and Publicok. fecurity that the People fhall not caft off this Form ? Pab. If it fecures their Liberty, why fhould they ? Vd. My queftion is not, why they fliould, but whether they can. Puh. They cannof, without going againft their own intereft. Val. But they can go againft their own intereft. Pub. Nay, remember your feif, whether the Form fhewn be not fuch, as you have already granted can in no wife go befide the intereft of the whole People. Val. They that are now in power-, have no truft at all in Forms. Pub. Do they fail in Ships, not upon Planks ? Do they ride Horfes, cot Hogs ? Do they travel in Coaches, not upon Hurdles ? Do they live in Houfes, not in Ditches ? Do they eat Bread, not Stones ? Vol. Enough, enough. Pub. But in fo doing, they acknowlege fuch a Form to be fecurity for fuch a ufe or aftion. And muft the form of a Commonwealth be the only form in which they can allow no fecurity for the proper ufe -^d aaion? VaL They obferve none of this. Pub. Do they obferve that there is any fecurity in Men ? Val. That, efpecially in our times, were fomwhat a hard matter. Pub. And how many Securitys are there ? Val. I know no more, than one perfonal, or in Men ; another realj or in Things. Pub. Chufe you whether you would have. Val. Well, be the neceffary aftion or ufe of your Form what it willj I would fee it more plainly and particularly demonftrated how the fpirit of the Nation, or the whole People, being freely eligible into your Affemblys, muft prefently lofe that inclination which now plain- ly they have to fet up Monarchy, or to perfecute for Confcience. Pub. You will allow no weight in tiie Argument, that a People in Liberty, unlefs the Orders of their Commonwealth werefirft funda- mentally ruin'd, that is, broken in the balance or foundation, did nevet do either of thefe. Val. What weight foever I allow to this Argument, it is no ways to my prefent purpofe. Pub. You will put me then befide experience, and to fhew by what reafon it is that a Peartree muft bear Pears, or why men gather not Grapes on Thorns, or Figs on Thiftles. Val. Poor P u B L I c o L A, be the task as hard as it will, I am for this time refolv'd to hold you to it. Pub. What is it then that any Government can be fufficiently founded or balanced upon, but fuch an Intereft as is fufficiently able to bear it ? Val. Good Sir, a Government ought to be founded upon Juftice, I take k. Pub. Right : and is not that Government which is founded upon art Intereft not fufficiently able to bear it, founded upon Injuftice ? Val. I fufpect whither this will go. A Government founded upon the overbalance of Property, is legitimatly founded, and fo upon Juftice ; but a Government founded upon the underbalance of Pro- perty, muft of neceffity be founded upon Force, or a ftanding Army. Is not this that which you mean by Intereft fufficient or not fufficienc to fuftain a Government P Pub. Ycu have it riglir^ ; VaL 487 488 Valerius and Publicok. Val. O Atheift ! this damns the Government of the Saints. Puh. Look you now, how irreligious a thing it may be made, to fpeak but with common honefty. Do you think that fuch as are plainly Oligarchifts, or Ihall exercife by a force, and without eledion by the People, fuch a Power as is both naturally and declaredly in the People, and in them only, can eftablifli their Throne upon Juftice ? yal. No. Puh. Do you think that fuch as are truly Saints, can eftablifh their Throne upon Injuftice ? Fal. No. Puh. Why then you have granted, that fuch as are plainly Oligar- chifts cannot be truly Saints. Again, do you fl:ill think, as you once intimated, that a (Government now introduc'd in England, exaftly ac- cording to the Principles of Prudence and Juftice, would rule the Earth ? yal. Yes. -J^^'- Puh. Do you think, that fuch as are truly'lSaints, if they introduce a Government, ought to introduce it eiudly according to the Principles of Prudence ahd Juftice ? >■ yt^f^ HlJik Vd. Yes, .Ji^K, ^P|*«^ Puh. Why then, let fuch as are inily Saints but fee wnil|itWto rule the Earth, and take the Rule of the Earth. ^ ' Vd. They will not approve of this way. Puh. How ! not the ^liots approve of Prudence and Juftice ! Who is the Atheift now, V A L E R I u s ? Vd. Good P u B L I c o L A, let us keep to the point in hand. You fay, That the fecurity of Liberty lys not in the People, but in the form of their Government ; fo L'^am yet to expeft when you will fliew, what there/is in your forr^r,^ why it muft be impoffible for the People under it t« I J. LAWS that are the feweft, piaineft, and briefeft, leave the leaft arbitrary Power to the Judg or Judicatory ; and being a Light to the People, .make the moft incorrupt Government. 14. LAWS that arepcrplexr, intricat, tedious, and voluminous, leave the greateft arbitrary Power to the Judg or Judicatory ; and raining fnares on the People, make the moft corrupt Government. 15. SEEING no Law can be fo perfe^ as not to leave arbitrary Power to the Judicatory, that' is the beft Conftitution of a Judicatory • where arbitrary Power can do the leaft hurt, and the worfi: Conftitulion of a Judicatory is where arbitrary Power can do the moft ill. 16. ARBITRARY Power in one Judgdos the moft, in a few Judges dos lefs, and in a multitude of Judges dos the leaft hurt. 17. T H E ultimat Appeal from all inferior Judicatorys is to fom <> foverain Judg or Judicatory. i8. THE ultimat Refult in every Government (as in abfolute Mo- narchy, the xMonarch ; in Ariftocracy, or Ariftocratical Monarchy, the Peers ; in Democracy, the Popular Aflembly) is a foverain Judg or Judicatory that is arbitrary. ** ^9. ARBITRARY Power in Judicatorys is not fuch as makes no ufe of the Law, but fuch by which there is a right ufe to be made of the X^ws. • 20. THAT Judicatory where the Judg or Judges are not obnoxi- ous to Partiality or privat Intereft,cannot make a wrong ufe of Power. • 21. THAT Judicatory that cannot make a wrong ufe of Power, muft make a right ufe of Law. 2,2. EVERY Judicatory confifts of a Judg or fom Judges without a Jury, or of a Jiyy on the Bench without any other Judg or Judges, or of a Judg or judges on the Bench with a Jury atDhe Bar. FORM of Government (as to the 'JudicU^f)art) being thus completed, is fum'd up in the three following Afhorifms. 25. ABSOLUTE Monarchy (for the Judicial part of the Form) admits not of any Jury, but is of fom fuch kind as a Cidee or Judg in a City, or as we fay in a Hundred, with an Appeal to a Cadalisl'/tr or a Judg in a Province, from whom aJfo there lys an Appeal to the M»ph- tij who is at the devotionx)f the Grand Signer or of the Monarch. 24. A R I S T O C R A C Y or Ariftocratical Monarchy (for the Judicial part of the Form) may admit of a Jury, fo it be at the Bar on- ly, and confifts of fom fuch kind as Delegats or ordinary Judges, with an Appeal to a Houfe of Peers ; or fom fuch Court, as the Parla- mentatP^w, which was at the inftitution in the Reign of Hugh Capet, a Parlament of foverain Princes. 25. DEMOCRACY (for the 'Judicial part of the Form) is of fom fuch kind as a Jury on the Bench in every Tribe, confilting of thirty perfons or more annually eligible in one third part by the People of that Tribe, with an Appeal from thence to a Judicatory refiding in the Ca- pital City of the like Conftitution, annually eligible in one third part out of the Senat or the popular Affembly, or out of both; from which alio there lys an Appeal to the People, that is to the Popular AiTembly. CHAP, 512 A Syfiem of Politkf, Chap. X. ^^^ CHAP. X. Of the Aimmijlratlon of (joyernment, or . REASON OF STATE. 1. A S the Matter of a Ship or of a Houfe is one thing, the Form • sJTJL of a Ship or of a Houfe is another thing, and the Admini- ftrafion or R?afonof a Ship or of the Houfe is a third thing; fothe Matter of a Government or of a State is one thing, the Form of a Go- vernment or of a State is another, and the Adminiftration of a Govern- ment (which is what's properly and truly call'd Reajbn of- State') Is . a third thing. 2. THERE are thofe who can play, and yet cannot pack the Cards ; and there are who can pack theCards, and yet cannot play. J. ADMINISTRATION of Government, or Reafon of State, to fuch as propofe to themfelyes to play upon the fquare, is one ® thing ; and to fuch as propofe to themfelves to pack the Cards, is ano- ther. 4. REASO N'of State is that in a Kingdom or a Common- wealth, which in a Family is call'd THE MAIN CHANCE. 5. T H E Mafter of a Family that either keeps himfelf up to his antient bounds, or increafes his Stock, looks very well to the main Chance, at leafl: if his play be upon the fquare, that is, upon his own Abilitys, or good Fortune, or the Laws ; but if it were not upon the fquare, yet an Eftate however gotten, is not for that a lefs Eftate in it felf, nor lefs defcending by the Law to his Succeljors. 6. IF a People thro their own Induftry,' or the prodigality of their Lords, com to acquire Liberty ; if a ic\s/ by their Induft:ry, or thro the folly or flothfulnefs of the People, com to eat them out,' and make themfelves Lords ; if one Lord by his Power or his Virtue, or thro their Neceflity, their Wifdom, or their Folly, can overtop the reft of thefe Lords, and make himfelf King, all this was fair play and upon the fquare. 7. REASONof State, if we fpeak of it as fair play, is foren or domeftic. 8. REASO N of State, which is foren, confifts in balancing foren Princes and States in fuch a manner, as^ you may gain upon them, or • at leaft that they may not gain upon you. 9. REASON of State, which is domeftic, is the Adminiftra- tion of a Government (being not ufurp'd) according to the Founda- tion and Superftruftures of the fame if they be good, or fo as not being good that they may be mended, or fo as being good or bad they may be alter'd ; or, the Government being ufurp'd, the Reafon of State then is the way and means wherby fuch a Ufurpation may be made good or maintain'd. 10. REASO N 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 domeftic relation. In a foren, becaufe one good Democracy, weigh- ing two or three of the greateft Princes, will eafily give the Balance abroad at its pleafure ; in a domeftic," becaufe it confifts net of any ^ more A Syftem of Volhics, 51^ more than giving fuch a flop in accumulation that the State corns not Chap. X. to be Monarchical: which one Reafon of State being made good, all the reft gos well ; and which one Reafon of State being neglefted, all the reft corns in time to infallible ruin. 11. REASON of State in a Democrac}'', which is not right in its Foundations, may flourifh abroad, and be one : biit at home will lan- guifh or be two Reafons of State, that is, the Reafon of the State or Orders of the Nobility, which is to lord it over the People ; and the Reafon of the popular State or Order, which is to bring the Common- wealth to equality : which two Reafons of State, being irreconcilable- will exercife themfelves againft one another, firft by Difputes, then by Plots, till it corns at laft to open Violence, and fo to the utter ruin of the Commonwealth, as it happen'd in Rome. 12. REASON of State in an abfolute Monarchy (whether Foren or Domeftic) is but threefold ; as firft, to keep its Military Farmers or Timariots to the firft Inftitution ; next to cut him that grows any thing above his due Stature, or lifts up his head above the reft, by fomuch the fhorter ; and laft of all to keep its Arms in exercife. i^. I N Ariftocratical Monarchy Reafon of State (as to the whole) is but one thing, that is, to prefer ve the Counter poife of the King and the two or the three, or the four Eftates : For in fom Countrys, as in Poland^ there are but two Eftates, the Clergy and the Nobility ; iri others, as in Smdeft, there are four, the Nobility, the Gentry, the Clergy, and the Commons; in moft others there are but three, the Lords Spiritual, the Lords Temporal, and the Commons. 14. IN Ariftocratical Monarchy Reafon of State ( as to the parts) is a multilarious thing, every State having its peculiar Reafon of States and the King alfo his Reafon of State : with the King it is to balance the Nobility, that he may hold them under; Reafon of State with the Nobility is to balance the King, left he fhould grow abfolute ; Reafon of State both with the King and the Nobility is to keep down the People; and Reafon of State with the People is to drive at their Liberty. 1 5. I N Forms that are pure, or in Governments that have no more than an abfolute Prince or one State, as abfolute Monarchy and equal or pure Democracy, there is but one Reafon of State, and that is to preferve the Form intire. In Forms that are mix'd (asin an inequal Commonwealth where there are two Eftates, and in Ariftocratical Monarchy where there is a King and two if not th.ree Eftates ) there are fo many Reafons 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 fcarce was there any Ariftocratical Monarchy, where (to omit the Wars of the Nobility with their King, or among themfelves) the People h:i\-e not driven out the King, or where the King has not brought the Peo- ple into Slavery. Ariftocratical Monarchy is the true Theatre of Ex- pedientmongers and Stateemperics, or the deep Waters wherin that Leviathan the Minifter of State takes his paftime. 16. THE Complaint that the Wifdom of all thefe latter times in Princes Affairs confifts rather in fine deliverys and fliiftings of Dangers or Mifchiefs when they are near, than in folid and grounded courfes to keep them off, is a Complaint in the Streets of Ariftocratical Mo- narchy ; and not to be remedy'd, becaufe the Nobility being not bro- Uuu ken, e I A A Syjlem of Politicr, Chap. X. ken, the King is In danger, and the Nobility being broken, the Mo- <^ ~\r^S^ narchy is ruin'd. 17. AN Abfurdity in the form of the Government (as that in a Monarchy there may be two Monarchs ) fhoots out into a mifchief in the Adminiftration, or fora wickednefs in the Reafon of State, as in R o M u L u s ' s killing of R e m u s, and the monftrous Affocia- tions of the Romm Emperors. 18. USURPATION of Government is a Surfeit that converts the befl: Arts into the worft : Nemo unquam impenum fiagttto acquifi- tum bonis artibus exercuit. 19. AS in the privation of Virtue, and in Beggery, men are Sharks or Robbers, and the reafon of their way of living is quite contrary to thofe of Thrift ; fo in the privation of Government, as in Anarchy, Oligarchy, or Tyranny, that which is Reafon of State with them is direftly oppoGt to that which is truly fo : whence are all thofe black Maxims fet down by fom Politicians, particularly Macchiavel in his Prince^ and which are condemn'd to the fire even by them who, if they hv'd otherwife, might blow their fingers. 20. WHERE the Government from a true Foundation rifes up into proper Superftruftures or Form, the Reafon of State is right and ftreight ; but give our Politician peace when you pleafe, if your Houfe ftands awry, your Props do not ftand upright. 21. TAKE a Jugler, and commend his Tricks never fo much, yet if in fo doing you Ihew his Tricks you fpoil him ; which has bin and is to be confefs'd of Macchiavel. 22. CORRUPTION in Government is to be read and confider'd in Macchiavel, as Difeafes in a man's Body are to be read and confider'd in Hippocrates. 2 J. NEITHER Hippocrates nor Macchiavel in- troduc'd Difeafes into man's Body, nor Corruption into Government, which were before their times ; and feeing they do but difcover them, it muft be confeft that fo much as they have don tends not to the in- creafe but the cure of them, which is the truth of thefe two Authors. POLI- 5^5 POLITIC A U APHORISMS. Ohpquiutn amicos, Veritas odium fir it. Terent. T I. r""|p^HE Error^and Sufferings of the People are from their Governors. 2. WHEN the Foundation of a Government corns- to be chang'd, and the Governors change not the Super- ilruftures accordingly, the People becom miferable. J. THE Monarchy of England was not a Government by Arms, but a Government by Laws, tho imperfefit or inefteftual Laws. 4. T H E later Governments in England fincethe death of the King, have bin Governments by Arms. 5. T H E People cannot fee, but they can feel. 6. THE People having felt the difference between a Government, by Laws and a Government by Arms, will always defire the Govern- ment bv Laws, and abhor that of Arms. 7. WHERE the Spirit of the People is impatient of a Govern- ment byi Arms, and defirous of a Government by Laws, there the fpi- rit of the People is not unfit to be trufted with their Liberty. 8. THB fpirit of the People of England, not trufted with their Liberty, drives at the reftitution of Monarchy by Blood and Vio- lence. 9. T H E Spirit of the People of England^ trufted with their Li- berty, if the Form be fufficient, can never fet up a King ; and if the Form be infufficient (as a Parlament with a Council in the intervals, or two Affemblys coordinat) will fet up a King without Blood or Vio- lence. 10. TO light upon a good Man, may be in Chance; blit to be fure of an Affembly of good Men, is not in Prudence. 1 1. W H E R E the Security is no more than perfonal, there may be a good Monarch, but can be no good Commonwealth. 12. THE neceifary AQion or Ufc of each thing is from the nature of the Form. 15. WHERE the Security is in the Perfons, the Government makes good men evil ; where the Security is in the Form, the Go- vernment makes evil men good. 14. A S S E M B L Y S legitimafly elefled by the People, are that" only Party which can govern without an Army. 15. NOT theParty 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 purpofe truly refin'd ; that is, by Popular Eleaion, according to the Precept of Moses, and the Rule of Scripture;. Uuu * TdB' ej^ Tolitkal A^horifms, Take ye mfe men, and underfianding, and knorvn among pur Tribes^ and I rviU make them Rulers over you. \6. THE People are deceiv'd by Names, but not by Things. 17. WHERE there is a well order'd Commonweakh, the Peo- ple are generally fatisfy'd. iZ.- WHERE the People are generally diffatisfy'd, there is no Commonwealth. 19. THE Partys in £»^/^W declaring for a Commonwealth, hold every one of them fomthing that is inconfiftent with a Common- wealth. 20. T O hold that the Government may be manag'd by a ^ew, or by a Party, is inconfiftent with a Commonwealth ; except in a Si- tuation like thauo( Venice. 21. T O hold that there can be any National Religion or Miniilry without public Indowment and Infpeftion of the Magtft-racy, or any Government without a National Religion or Miniftry, is inconfifl:ent with a Commonwealth. '22. TO hold that there may be Liberty, and not Liberty of Con- fcience, is inconfiftent with a Commonwealth that has the Liberty of her own Confcience, or that is not Popifh. 23. W H E R I', Civil Liberty is intire, it included Liberty of Con - fcience. 24. WHERE Liberty of Confcience is intire, it includes Civi! Liberty. 25. EITHER Liberty of Confcience can have no fecurity at all, or under Popular Government it muft have the greateft fecurity. 26. T O 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 Wifdom of God in the formation of'a Houfc or of a Government, gos not univerfally upon natural Prinpiples, is in- confiftent with Scripture. 28. TO hold that. the Wifdom of Man in the formation of a Houfe, or of a Government, may go upon fupernatural Principles, is inconfiftent with a Commonwealth, and as if one fliould fay, God brdafnM the Temple, therfore it was not built by Mafons ; he ordained the Snuffers, therfore they were not made by a Smith. 29. T O hold that Hirelings (as they are term'd by fom) or an in- dow'd Miniftry, ought to be remov'd out of the Church, is incon- fiftent with a Commonwealth. 50. NATURE isof GOD. 31. S M part in every Religion is natural. 52. A U NI VER SALEfteademonftrats a univerfal Caufe. 55. A UNIVERSAL Caufe is not fo much natural, as k is Nature it felf. ^4. EVERY man, either to his terror or confolation, has fom fenfe of Religion. 3 5. M A N may rather be defin'd a religious than a rational Crea- . ture ; in regard that in other Creatures there may be fomthing of Rea- fon, but there is nothing of Religion. 36. GOVERNMENT is of human Prudence, and human Frudence is adequat to man's Nature. 37. THE Prudence or Government that is regardlefs of Religion, . IS not adequat nor fatisfaftory to man's Natur^ 38. WHERE Political A-j^horifmsC ttij :. jS. WHERE the Government is not adequat or fatisfaftory to man's Nature, it can never be quiet or perfeft. ° J 9. THE major part of Mankind gives ft felf up in the matter of Religion to the public leading. 40. THAT thei-e may be a public leading, there muft be a Na- tional Religion. * , 41. WHERE the minor part takes away the National Religi©n, there the major part is depiiv'd of Liberty of Confcience by the mi- nor. 42. \V" H E R E the major part is depriv'd of Liberty of Confcience . by the minor, there they will deprive the minor of that Liberty of Confcience which they might otlterwife injoy. 45. IN Ifrael- there was an indow'd Clergy orPriefthood, and a National Religion under infpeftion of the Magiflrat : whence the Chrifiixns in Apoftolic Times, defraying tlteir own Miniftry, could have Liberty of Confcience ; wheras if the Chrifiians by going about to take away Tithes, and abolilh the National Religion, had indea- vor'd to violat the Confciences of the unconverted Jeves^ thefe being fer greater in number, muft needs have taken away the Liberty of Confcience from the Chnjlians. . /\^. P JV L ia Athens could freely and undifturbedly convert D i o- N y s I u s and others ; therfore in Athens there was Liberty of Con- fcience : but if Paul and his Converts had gon about to drive Hire- lings, or an indow'd Priefthood or Clergy out of that Church, who fees not that the Athenians would have driven Paul and his Converts out of Athens ? 45. THAT there may be Liberty of Confcience, there muft be a National Religion. ; 46, T H A T there may be a National Religion, there muft be an indow'd Clergy. .47. COMMONWEALTHS have had three v\fays of U- nion. As the Athenians, by bringing their Confederats to fubjeftion : As the United Provinces by an equal League : or as thd^ Romans by an inequal League. The firft way is tyrannical. Inthefecond, one Commonwealth under the League is no more than another, and each one as to her felf has a Negative ; which kind of Union is not only obftruftive, but tends (as we have feen both in Holland and Sivitz,er' land.) towards Divifion. In the third way, the Commonwealth u- niting other Commonwealths, retains to her felf -the leading of the whole League, leaving to each of the reft her own Laws, and her own Liberty. 48. TILL a Commonwealth be firft fram'd, howfucha Com- monwealth fliould make an effeftual Union with another Nation^ is not poflible to be feen. 49. THE new, unpradis'd, and heretofore unheard Union (as it is vulgarly fpoken) \^\i\\ Scotland,^ byuniting Deputys of divers Na- tions, not in a Council apart, or by way of Stated General, as in th^ United Provinces, but in the ftanding Councils of fom one Common- wealth in the League, is deftrudve to Liberty both in England and in. Scot land. 50. I F the Commonwealth of England receives Deputys fromSfOt^ land.'m a greater number than that of her own, (lie received Law from a foren Intereft, and fo lofes her own Liberty. 51. IF ^ig Political Afhorifms. uhlic Commonwealth was an Ifraelit indeed. Xxx 2 Seven 5^4 Diverf Models Seven Models of a Commonwealth t OR BRIEF DIRECTIONS Shewing how a ^t and perfeft MODEL o F Popular Government May be made, found, or underftood. THE RE is nothing more apparent^ than that this Nation is- greatly difquieted and ferplex'd thro a complication of two Cau- jes : The one, that the pre fen t (late t her of is not capable of any other Form than that only of a Popular Government ;• the o- ther, that they are too ferv who under fi and what is the Form or Model na- turally neceffary to a Popular Government^ or what is requir'd in that Form or Prudence for the ftting of it to the ufe of this Nation. For thefe Infirmitys I Jhall offer fom Remedy by a brief Difcourfe or Direction con- fjling of two Parts. THE firfi fhewing thofe Forms or Models of Popular Government, or of Commonwealths, which have bin hitherto extant^ whether fit or unfit for the prefent fiate of this Nation : The fecond, fljewing a Model or Form • of Popular Government fitted to the prefent fl ate of this Nation. In the firfl part I Jhall propofe Jeven Models roughly and generally : In the fecond^ one^ but more particularly and exa£lly. THE FIRST PART. IyV every Frame of Government, either the Form maft be fitted to the Property as it flands, and this only is praiiicable in this Nation; or the Property mufi be alter'' d and fitted to the Frame.^ which without force has bin fomtimes, but very feldom., practicable in any other Nation. Neyerthelefs, for the better knowlege of the one way., it mil be be/1 to propofe ?» both ways, J r tJ THE of popular Government. 52< THE FIRST MODEL O F POPULAR GOVERNMENT P R O P O S 'D. The Commonwealth of Ifrael. THAT the Nobility, the Gentry, and the People, be per- fuaded to give up their whole Lands to the Commonwealth/ " THAT if the whole People fhall fo give up their Lands, they be divided into twelve equal PrecinQs, call'd Tribes. THAT the man of greateft quality in every Tribe have about ten thoufand pounds a year given to him and his Heirs, with tlie heredi- tary Dignity of Prince of his Tribe. THAT fom ten other men of the next quality under the Prince in every Tribe, have about two thoufand pounds a year in the fame given to each of them and their Heirs, with the hereditary Dignity of Patriarchs, oP Chief of the Fathers. THAT the remaining part of the Lands, except forty eight Ci- tysand their Suburbs, be diliributed to the whole People equally by Lots. THAT it be not lawful for any Prince, Patriarch, or other, to fell or alienat his Land, or any part therof, in fuch manner, but that up' on every fiftieth year, being for this caufe a year of 'Jubtle^ all Lands within that compafs fold or alienated return to the antient PoffeiTors or lawful Heirs. THAT there be one other Tribe added to the twelve ; that this Tribe fo added be not local, nor fufFer'd to have any Lands at all, ex- cept the forty eight Citys above referv'd, with their Suburbs, that is^ with a quantity of Land to each of them, beingin depth two thoufand Cubits round. That thefe be fettl'd upon them and their Heirs for ever, befides the annual Tithe of the whole Territory, and a piece o£ Mony every year upon every Head under the notion of an Offering, in regard that other Offerings are now unlawful ; and that this Tribe con- fift of Clergy, having one hereditary Archbifliop, or High Prieli, for the Head and Prince of their Tribe. > THAT there be no other Law than that of the Word d^ God only ; and that the Clergy being beft skill'd in this Law, be eligible into all Courts of Juftice, aU Magiftracys and Offices whatfoever. THAT the Prince of a Tribe, together with one or more Courts, confifting of twenty three Judges elected by the People of tlfat Tribe for life, bethe Government of the fame. THAT the People of the twelve local Divifions take by the Bal- lot wife men and underftanding among their Tribes, and of thefe ■ ' con« 526 Divert Models . conftitute a Senat for the whole Commonweath confifting of feventy Elders for life. THAT every local Tribe monthly eleft two thoufand of their own number ; and that thefe Eleftions amounting in all to four and twenty thoufand, alTemble at the Metropolis or Capital City, and be the monthly Reprefentative of the People. THAT the Senat be a ftanding Judicatory of Appeal from all other Courts, with power to flisw the Sentence of the Laws of God. THAT befides the Law of God, whatever fhall be propos'd by the feventy Elders, and refolv'd by the monthly Reprefentative 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 tlie Word or Command of this King be the Law. THAT this King llirring out of his Palace, it may be lawful for any man to flay him. IN this Model there wants but Security, that' while' the People are dif- ■fers'd the Kjng cangather no Army, to demonjlrat. That either the Peo- ple mufi be free, or the Kjng a Prifoner. A THIRD MODEL F A COMMONWEALTH iPROPOS'D. I ' "the Commonwealth of Sparta. THAT the Nobility, the Gentry, and the People, having upon perfuafion given up their Lands to the Public, the whole Ter- ritory be divided into one hundred thoufand equal Lots, and two more, being each of ten thoufand Acres. THAT the inferior Lots be difl:ributed to the People. THAT every man polTeffing a Lot, be a Citizen. THAT the refl:, except only the Children of Citizens, be Ser- vants to, and Tillers of the ground for the Citizens. THAT there be no profefs'd Students, THAX of Pofular Government, 527 THAT no Citizen exercife any Trade, but that of Arms only ; and txhat the ufe of Mony, except it be made of Iron, be wholly banifh'd. THAT there be two Kings hereditary : That each of them poflefs one of thofe Lots of ten thoufand Acres. THAT they be Prefidents of the Senat, with fingle Votes j and that in War they have the leading of theArmys. THAT there be a Senat confifting, befides the Kings, of twenty eight Senators, elefted for life by the People. THAT whatever be propos'd hy this Senat to the whole Peo- ple, or any ten thoufand of them, and fhall be refolv'd by the fame, be the Law. . THAT there be a Court confifting of five annual Magiftrats e* lefted by the People ; and that this Court have power to bring a ^ing, a Senator, or other, that fhall openly or fecretly violat the Laws, or invade the Government, to Juftice. A. FOURTH MODEL O F A COMMONWEALTH PROPOS'D. The Commonipeahh of Athens^ THAT there be a Reprefentative of the People, confifting of five thoufand. THAT thefe annually ele£t by lot a Senat confifting of four hundred, and a Signory by fuffrage confifting of nine annual Princes. THAT each fourth part of the Senat, forone fourth part of their annual term, be a Council of State. THAT the Council of State may affemble the Senat, and propofe to the fame : That the Senat may affemble the People, and propofe to them. And that what is proposM hy the Senat, and refolv'd hy the People, be the Law. THAT the executive Power of the Laws made, be more efpe- cially committed and diftributed in various Functions, and divers Ad- miniftrations, to the nine Princes, A 528 Divers Models A FIFTH MODEL O F A COMMONWEALTH. P R O P S ' D. The Commonwedlth of Rome. THAT the whole Nation be divided into three diftinft Orders : the one Semtorim, or Nobility ; the other Equeftrtmy or Gen- try ; and the third Plebeian, or Popular. THAT the Equeftrian Order be the Cavalry of the Common- wealth, and the Plebeian the Foot. THAT there be a Senat confifting of the Senatorian Order, and of three hundred Senators for life. THAT there be two Magiftrats ele£led by the People, for five years term, call'd Cenfors. THAT the Cenfors have power upon caufe fhewn to remove a Senator out of the Senat ; and to eleft a Nobleman, or fomtimes a Ple- beian, therby made Noble, into the Senat. THAT there be two annual Magiftrats eleded by the People, call'd Confuis. THAT the Confuls be Prefidents of the Senat, and have the leading of the Armys. THAT the Senat (as they fhall fee occafion) may nominat one perfon to be Dictator for fom ihort term. T H A T the Dictator for his term have Soverain Power. THAT there be a Divifion of the whole People, of what Orders foever, into fix ClalTes, according to the valuation of their Eftates. For example : That the firfbClaffis confift of all fuch as have two thoufand pounds a year, or upwards ; the fecond of all fuch as have one thoufand pounds a year, or upwards, under two ; the third, of all fuch as have fix hundred pounds a year, or upwards, under one thoufand ; the fourth, of all fuch as have three hundred pounds a year, or upwards, under fix hundred ; the fifth, of all fuch as have under the former proportion ; the fixth, of ail fuch as pay no Taxes, or have no Land, and that thefe be not us'd in Arms, THAT the Senat propofeall Laws to be enabled, to an AiTembly of the People. • THAT all Magiftrats be eleQed by the fame. THAT this AfTembly of the People confift of the five ClafTes, in fuch manner, tliat if the Votes of the firft and fecond Clafles be near equal, the third Clafiis be call'd ; and if thefe agree not, the fourth be call'd ; and fo for the reft. THAT what is thus propos'd hy the Senat, and refolv'd by the People, he the Law. * 7 A' of Popular Government, <- 2 q / N this Frame the Senat, by the optimacy of thefirfi andfecondClaJfes (which feldom or nenjer difagree) carry s all^ to the exclufion of the main Body of the People : rvheme arifes continual feud or enmity between the Senat and the People ; rvho confulting apart ^ introduce Popular Debate^ fet tipfom other way of Ajfembly^ as by Tribes^ or by Parijhes^ with more e (quality of Votes ; de£i Magi f rats of their own^ make Decrees binding the Senat or Nobi- lity^ indeavor to curb their Power by weakning their Balance, or diminifhin(r their Eflates : All thefe tumultuoufly, and to the alteration of the Govern- ment^ with fo frequent Changes under fo divers jhapes^ as make a very Proteus of the Commonwealth, till having bin all her lifetime afflicted with Anarchy, jhe ends her days in Tyranhy. A SIXTH MODEL O F A COMMONWEALTH P R O P O S ' D. 'the Commonvpealth of Venice. THAT the Soverain Power be eftated upon four thoufand feleflt men, to them and their Heirs for ever. THAT there be a great Council confifling of thefe four thoufand; and that their Sons at five and twenty years, of age have right to the fame. THAT the great Council eleft one Duke for life : That the Dukehave a Royal Palace affign'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 fix CounfiUors annually chofen by the great Council. That he have no power to fign any Writing, tho in his own Name, nor to do any of his political Funftions without his CounfiUors. That his CounfiUors have power to fign any Writing in the Duke's name, or to do any of his political FunQions without him ; and that the Ouke with thefe fix CounfiUors be the Signory of the Commonwealth. THAT the Signory of this Commonwealth have feflion and fuf- frage in all the Councils of the fame, with right alfo to propofe to each or any of them, either jointly or feverally. THAT one hundred and twenty elefted annually by the greap Council, together with other Councils and Magiftrats, to whom of courfe the like Honor is appertaining, be the Senat. THAT fixteen other Magiftrats propos'd by the Senat, and con- firm'd by the great Council for the term of fix months, be a Coun- cil apart, with three weekly Provofts or Propofers, call'd the Col- lege. THAT the Signory may aflemble the College, and propofe to them ; that theCollege may affemblethe Senat, and propofe to them ; Y y y and 5 20 Dhers Models and that the Senat may affemblc the great Council, and propofe to them. And that whatever is refolv'd by the Senat, and not contra- difted, nor queftion'd by the great Council, be the Law. THAT there be a Council of Ten elefted annually by the great Council ; and that this Council of Ten, with the Signory, and fom of the College, having right of Seflion and Suffrage in the fame, may upon occafion exercife Diftatorian Power in this Commonwealth. THAT the reft of the People under the Empire of this Commonwealth, be difarm'd, and govern'd by Lieutenants of Pro- vinces. That the Commonwealth have a ftanding Army of Grangers or others, in Difciplin and Fay. J»d that the City wherin jhe /hall re- fide, be founded in the Sea, after fuch a manner, that it can no more be approached by a Fleet, than by an Army without a Fleet. Otherwife, this Commonmdth is expos''d both to the Provinces^ and to a mercenary Army. A SEVENTH MODEL O F AGO MMONWE AL TH P R O P O S'D. The Common-wealth 0/ Holland. THAT the People in every City, and in every Province or County within thefe three Nations, eleft to every City, Pro- vince, or County of the fame, a matter of twenty, thirty, or forty . Magiftrats for life. That thefe Magiftrats being fo elefted, be the Senat of that refpedive City, Province or County. THAT the Senats, thus elefted, thenceforth have and injoy the Soverain Power within their refpedlive Jurifdiftion, for ever. That every Senat annually ele£l two or four Burgomafters or Confuls, to be Prefidents of the fame. That they alfo eleft feven Magiftrats, or prefent fourteen perfons to the Governor of the Province ; and that he elefl; feven. That the feven fo elefted be Judges, or have the Execu- tive Power of the Laws for their term, and within their refpeftive Jurifdiftion. THAT in cafe 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 confider'd, to the Nobility, and to the Senats of that Province ; therwith appointing a time and place for the Affembly of the States Provincial. That each of the Senats, having debated the matter proposM, delegat one Conful, with fom other Senators well informed and inftrufted with their Will and Pleafure, to the AlTembly of the States Provincial. That the No- bility of tlie fame Province delegat fom of their Order likewife to the Provincial States. That the Delegats both of the Nobility and of the Senats, give the Vote of their Principals according to inftrudion ; * and of Popular Govemmento 521 and that neither the Nobility, no.r any S^nat or Soverainty be other- wife bound, f Iian by their own Vote. THAT the Provincial Eftates cleft one Magiftrat for life, or du- ring pleafure, to be Provincial Governor : That they eled one or more other Magiftrats for life, or during pleafqre, to be States General, THAT the States General being eleQed, and well inftrufted by their Provinces, have the direftion of the whole League: That each give not his own Vote, but the Vote of his Province ; and that nq Province be otherwife bound, than by her own Vote. IF thefe Models (in rvhich I claim to be the fir fl that h.u laid the whole ^ and the higheji Myfierys of the mtient Commonmealths^ to the lowefl capacity of -vulgar Deb it e) be not all in the mouths of great men^ and in. Pamphlets, for Chimera§ or Utopias, it is great chance : Tet contain they no lefs than the whole Revolution of Popular Prudence. Nor is it more certain, that no one of them would fit theprefent liate of this Nation, than that he or they^ whofe Contemplation and Vnder [landing is not well 'vers'*d in the moji, or in the befi of thefe., /ball never fit a Model of PopU' lar Government to the prefent ft ate of thU Nation., or of any other. In which ajfurance, I com to fulfil my promife in the Second Part, or to pro- pofefuch a Model as is fitted to the prefent (late of this Nation. THE SECOND PART. Propofing a Model of A COMMONWEALTH Fitted to the Prefent State of this Nation. BVT fo it is ever, that the Humors or Interefts of predominant Par- tys hold themfelves to be Nation J : and that which fits them, can never fit a Nation ; nor that which fits a Nation, ever fit them. This in the introduction of Government, is always the main difficulty. But where Partys are no better founded, or fitted for Vfurpation, than now in England, they are rather to he flighted thaa confider^d, as thofe, the fiouteji wherof have but given this Example to the reft, that they who in this ft ate of Affairs fij all oh fir uH an ec^ual and well ordered Government, /ball but ruin themfelves. For which cattfe it is propos'd : i.'TT^HAT all Citizens, that is, Freemen, or fuqh as are not \ Servants, be diftributed into Horfe and Foot. That fuch of them as have one hundred pounds a year in Lands, Goods, or Mo- Y y y 2 py- 532 Divers Models ny, or above this proportion, be of the Horfe ; and all fuch as have under this proportion, be of the Foot. 2. THAT all Elders, or Freemen, being thirty years of age or upwards, be capable of civil Adminiftration; and that the Youth, or fuch Freennen as are between eighteen years of age and thirty, be not capable of civil Adminiftration, but of military only, in fuch manner as fliall follow in the military part of this Model. T,. T H A T tlie whole native, or proper Territory of the Com- monwealth be caft with as much exaftnefs as can be convenient, into known and fix'd Precinfts, or Farillies, 4. THAT the Elders refident in each Parifli annually alTemble in the fame, for example upon Monday next infuing the laft of Decem- ber: That they then and there eleft out of their own number every Hftlf man, or one man of every five, to be for the term of the year in- fuing a Deputy of that Parlfli ; and that the fii ft and fecond fo ele£ted be Overfeers, or Prefidents for the regulating of all Parochial Congre- gations, whether of the Elders, or of the Youth, during the term for which they were elefted. 5. T H A T fo many Parifhes lying neareft togetlicr, whofe Deputys fhall amount to one hundred or tlierabouts, be caft into one Precinft caird the Hundred ; and that in each Precinft call'd the Hundred, there be a Town, Village, or place appointed to be the Capital of the fame. 6. THAT the Parochial Deputys elefted throout the Hundred aflTemble annually, for example upon Monday next infuing the laft of Jaiauary^ at the Capital of their Hundred. That they then and there cleft out of the Horfe of their number one Juftice of the Peace, one Juryman, one Captain, one Infign ; and out of the Foot of their num- ber one other Juryman, one High Conftable, &c. 7. THAT every twenty Hundreds lying neareft, and moft con- veniently together, be caft into one Tribe ; that the whole Territory being after this manner caft into Tribes, fom Town or place be ap- jDointed to every Tribe for the Capital of the fame ; and that thefe three Precinds (that is, the Parifh, the Hundred, and the Tribe) whether the Deputys thenceforth annually chofen in the Parifhes or Hundreds, com to increafe or diminifli, remain firm and inalterable for ever, fave only by Aft of Par lament. The Tribes are frefunt'd thro- out thefe Propofitions to Amount to fifty. 8. THAT the Deputys elefted in the fcveral Pariflies, together with their Magiftrats and other Officers both Civil and Military elefted in the feveral Hundreds, afTemble or mufter annually, for example upon Monday next infuing the laft of February., at the Capital of their Tribe, for the fpace of two days. 9. THAT this whole Body thus affembl'd, upon the firft day of their AlTembly eleft out of the Horfe of their number, one high Sherif, one Lieutenant of the Tribe, one Cujlos Rotulorumy one Con- duftor, and t\vo Cenfors. That the High Sherif be Commander in chief, the Lieutenant Commander in the fecond place, and the Con- duftor in the third place, of this Band or Squadron : That the Cufios Rotulorum be Muftermafter, and keep the Rolls ; that the Cenfors be Governors of the Ballot : and that the term of thefe Magiftracys be 9nnyal, 10. THAT of Popular Government. 55^. 10, THAT the Magiftrats of the Tribe ( that is to fay, the High Sherif, Lieutenant, CuJIos Rotulorum^ the Cenfors, and the Conduftor, together with the Magiftrats and Officers of the Hundreds, that is to fay, the twenty Juftices of the Peace, the forty Jurymen, the twenty High Conftables ) be one Troop, or one Troop and one Company a-j part, call'd the Prerogative Troop or Company. That this Troop bring in and aflift the Juftices of AClize, hold the Quarter Seftiofi iri their feveral Capacitys, and perform their other Functions as formerly. iL. THAT the Magiftrats of the Tribe (that is to fay, the High Sherif, Lieutenant, Cuftos Rotu/orum, the Cenfors, and the Conduftor, together with the twenty Juftices elefted at the Hundreds) be a Court for the Government of the Tribe cali'd the Phylarch ; and that this Court procede in all matter of Government as fhall from time to time be direfted by Aft of Pariamenr. ' 12. THAT the Squadron of the Tribe on the fecond day of their affembly, eleft two Knights, and three BurgefTes out of the Horfe of their number, and four other BurgefTes out of the Foot of their number : that each Knight upon eleftion forthwith make Oath of Allegiance ta tlie Commonwealth, or refufing fuch Oath, the next Competitor in Eleftion to the fame Magiftracy, making the faid Oath, be the Magi- ftrat. The like for the BurgefTes. That the Knights thus fworn, have Seffion in the Senat for the term of three years ; and that the BurgefTes tJius fworn, be of the Prerogative Txibe or Reprefentative of the Peo- ple for the like term. i^. THAT for the full and perfeft inftitution of the AfTemblys mentionM, the Squadron of the Tribe in the firft year of the Com- monwealth, eleft two Knights for the term of one year, two other Knights for the term of two years, and laftly two Knights more for the term of three years ; the like for the BurgefTes of the Horfe firft, and then for thofe of the Foot. And that this Propofition be of no farther ufe than for the firft years Eleftion only. 14. THAT a Magiftrat or Officer elefted at the Hundred be ther- by bar'd from being elefted a Magiftrat of the Tribe, or of the firft day's Eleftion ; but that no former Eleftion whatfoever bar a man of the fecond day's Eleftion at the Tribe, or to be chofen a Knight or Burgefs. That a man being chofen a Knight or Burgefs, who be- fore was chofen a Magiftrat or Officer of the Hundred, or Tribe, may delegat his former Office or Magiftracy in the Hundred, or in the Tribe, to any other Deputy, being no Magiftrat nor Officer, and being of the fame Hundred, and of the fame Order, that is, of the Horfe or Foot refpeftively. 15. THAT the Knights of the annual Eleftion take their places on Monday next infuing the laft of March in the Senat ; that the like number of Knights whofe Seffion determins at the fame time, recede. That every Knight or Senator be paid out of the public Revenue quar-' terly, one hundred twenty five pounds during his term of Seffion, and be oblig'd to fit in purple Robes. 16. THAT annually on reception of the new Knights, the Senat procede to eleftion of new Magiftrats and Counfillors. That for Ma- giftrats they eleft one General, one Speaker, and two Cenfors, each for the term of one year, thefe promifcuoufly ; and that they eleft one Com- miffioner of the great Seal, and one Commiffioner of the Treafury,each for the term of three years, and out of the new Knights only. 17. THAT 534 Divers Models 17. THAT the General and the Speaker, as Confuls of the Com- monu'eakb, and Prefidents of theScnat, be during the term of their Magirtracy paid quarterly out of the public Revenue five hundred pounds ; that the Infigns of thefe Magilf racys be a Sword born before the General, and a Mace before the Speaker ; that they be oblig'd to wear Ducal Robes. And that what is faid of the General in this Pro- pofition, be underftood only of the General fitting, and not oi the Ge- neral marching, 18. THAT the General fitting, in cafe he be commanded to march, receive Fieldpay ; and that a new General be forthwith elefted by the Senat to fuccede him in the Houfe, with all the Rights, In- figns and Emoluments of the General fitting ; and this fo often as one or more Generals are marching. 19. THAT the three CommifTioners of the Great Seal, and the three Commiffioners of the Treafury, ufing their Infigns and Habit, and performing their other funftions as formerly, have paid quarterly to each of them three hundred fcventyfive pounds. 20. THAT the Cenfors govern the Ballot ; that they be Prefi- dents of the Council for Religion ; that each have a filver Wand for the Infign of his Magiflracy ; that each be paid quarterly three hun- dred feventy five pounds, and be oblig'd to wear fcarlet Robes. 21. THAT the General fitting, the Speaker, and the fix Com- miffioners abovefaid, be theSignory of this Commonwealth. 22. THAT there be a Council of State confiffing of fifteen Knights, five out ofjcach Order, Lifl:, or Eleftion ; and that the fame be perpetuated by the annual eleftion of five out of the new Knights, or thofe lafl: elefted into the Senat. 25. THAT there be a Council for Religion confifting of twelve Knights, four out of each Order, and perpetuated by the annual elefti- on of four out of the Knights laft elefted into the Senat. That there be a Council for Trade, confifting of a like number, ele£ledand per- petuated in the fame manner. 24. THAT there be a Council of War not elefted by the Senat, but eleSed by the Council of State out of themfelves. That this Council of War confift of nine Knights, three out of each Order, and be perpetuated by the annual eleftion of three out of the laft Knights elefted into the Council of State. 25. THAT in cafe the Senat add nine Knights more eleded pro- mif;uoufly, or not promifcuoufiy, out of their own number, to the Council of War, the faid Council of War be underflood by fuch edi'.iiion to beDiftator of the Commonwealth for the term of three mor.i-nsand no longer, e)4cept by farther Order of the Senat the faid Diftatorian Power be prolong'd for a like term. 26. T H A T the Signory have feflion and fuff'rage, with right alfo jointly or feverally to propofe both in the Senat, and in all Sena- torian Councils. 27. THAT each of the three Orders or Diyifions of Knights, in each Senatorian Council, eleft one Provoft for the term of one Week ; and that any two Provofts of the fame Council fo elefted,, may propof; to the fame Council for their term, and not otherwife. 28. THAT fomfairRoom, or Rooms well furnifh'd and attend- ed, be allow'd at the States charge, for a free and open Academy to all comers, at fom gonvenient hour or hours towards the Evening : That of Popular Govemmenf: 5^5 That this Academy be govern'd according to the rules of good Breed- ing, or civil Converfation, byfomone or more- of the Provofts ; and that in this Academy it be lawful for any man, by word of mouth, or by writing, in jell: or in earneflr, to propofe to the Propofers. 29. THAT for EmbalTadors inordinary, there be four Refiden- ces, as Fra/ice, Spaw^ Venice, and Confia/ttinople ; and that every Re- fident upon eleftion of a new EmbaflTador in Ordinary, remove to the next Refidence in order hereby mention'd, till having ferv'd orderly in all the faid Refidences, he returns home. That upon Monday neKC infuing the laft of November, there be every fecond year elefted by the Senat fom fit perfon, being above twenty five and under thirty five years of age, and not of the Senat, nor of the Popular AlTembly. That the Party fo elected repair on Monday next infuing the laft of JV/^r