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A45618 The Oceana of James Harrington and his other works, som [sic] wherof are now first publish'd from his own manuscripts : the whole collected, methodiz'd, and review'd, with an exact account of his life prefix'd / by John Toland. Harrington, James, 1611-1677.; Toland, John, 1670-1722. 1700 (1700) Wing H816; ESTC R9111 672,852 605

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an Army of Lions tho by som accidents as I confest before they be for a season confinable to their dens So the advantage or increase of Strength depends also upon the Balance There is nothing in the world to swear this Principle out of countetenance but the fame of PHALARIS GELON DIONYSIUS AGATHOCLES NABIS c. with which much good do them that like it It is proper to a Government upon the Balance to take root at home and spread outwards and to a Government against the Balance to seek a root abroad and to spread inwards The former is sure but the latter never successful AGATHOCLES for having conquer'd Africa took not the better root in Syracusa Parvi sunt arma foras nisi sit consilium 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 self and yet as new in Art as my Writing that I have given the world cause to complain of a great disappointment who while at my hand that Satisfaction in the Principles of Government was expected which several great Wits had in vain study'd have in diversifying Riches in words only as Property Dominion Agrarian Balance made up no more than a new Lexicon expressing the same thing that was known before seeing the opinion that Riches are Power is as antient as the first Book of THUCYDIDES or the Politics of ARISTOTLE and not omitted by Mr. HOBBS 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 MOSES and no Girl ever prick'd her finger but knew it must have a course he had given the world cause to complain of great disappointment in not shewing a Man to be made of Gingerbread and his Veins to run Malmsy Book I CHAP. IV. Whether the Balance of Empire be well divided into National and Provincial And whether these two or any Nations that are of distinct Balance coming to depend upon one and the same Head such a mixture creates a new Balance THE Balance of Empire that is National as it is stated in the former Chapter stands in a regulated or mix'd Monarchy upon the Property or native Interest of the Nobility in a Commonwealth upon the Property or native Interest of the People so these are very natural But the Balance of absolute Monarchy partaking of Force as well as Nature is a mix'd 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 must either not plant your Citizens in your Provinces where in time they will becom native or so planting them neither trust them with Power nor with Arms. Thus the provincial Balance coms to be contrary to the National And as where Empire is native or national the administration of it can be no otherwise than according to the national Balance so where Empire is foren or provincial the administration of it can be no otherwise than contrary to the national Balance That this may be admitted without opposition the Considerer is inclining to allow always provided he be Consid p. 16 17. satisfy'd in this demand Whether distinct Balances under the same Head or Governor as those of Castile and Arragon the Power of the King I presume he means by the Balance of a Nobility being greater in the one and that of the People in the other may not so poise one the other as to produce a new Balance To which I answer That no one Government whatsoever has any more than one of two Balances that except in the cases excepted of Land which is national or that of Arms which is provincial Wherfore if the King of Spain by his War against the Commons alter'd the Balance of Arragon it must have bin one of two ways either by strengthning the Balance of the Nobility and governing the Arragonian People by them in which case their Balance tho alter'd remain'd yet National or by holding both Nobility and People by a provincial Governor and an Army in which case his Empire in that Kingdom is provincial There is no third way nor putting the case that the Balance of Castile 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 Associations 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 increase of Strength but not a third Balance nor do the Kingdoms in Spain Whether a Soverainty has many Territorys and Provinces in subjection or in League it is all one as to this point the stronger Union or League will give the stronger Balance and the case of the present Soveraintys in Europe being no other the more nice than wise Speculation of the Considerer who has not bin able to discern the Balance of a League from that of Empire is a Mares nest CHAP. V. Chap. 5 Whether there be any common Right or Interest of Mankind distinct from the parts taken severally and how by the Orders of a Commonwealth it may best be distinguish'd from privat Interest IN the next place the Prevaricator dos not go about to play the man but the unlucky boy Where I say that the Soul of Man is Mistress of two potent Rivals Reason and Passion he dos not stand to weigh the truth of the thing or the fitness of the comparison either of which had bin fair but tumbles Dick upon Sis the Logic upon the Rhetoric the Sense upon the Figure and scuds away in this manner If I could be perswaded Mr. HARRINGTON was so far in earnest as Consid p. 19. 20. to expect any man should be convinc'd by the metaphorical use of two or three words som farther consideration might be propos'd This is to use his Readers as the Fox dos the Dogs when having pist upon his Tail and flapt it in their Eys he gets away Dos not his Book deserve to be gilded and carry'd in Statesmens Pockets Alas mine are nothing Quis leget haec vel duo vel nemo they break the Stationer And yet let me comfort my self Whose are better the Prevaricator seems to set every whit as light by those of HOOKER and GROTIUS at least where they favor me The Opinions of GROTIUS says he cannot oblige us beyond the Reasons wheron they are founded and what are those he will dispute against that which he dares not repeat that his Comment may take you by the Nose he has left out the Text. The words of GROTIUS are of this sense Tho it be truly said that the In Proleg de jure B. ac P. Creatures are naturally carry'd to their proper Vtility this ought not to
them be refer'd the Judgment of all Magistrats in Cases of Maladministrations in their Offices AND in prosecution of these Principles YOVR Petitioners humbly propose for the settlement of this Commonwealth that it be ordain'd 1. THAT the Parlament or the supreme Authority of England be chosen by the free People to represent them with as much equality as may be 2. THAT a Parlament of England shall consist of two Assemblys the lesser of about three hundred in whom shall reside the intire power of consulting debating and propounding Laws the other to consist of a far greater number in whom shall rest the sole power of resolving all Laws so propounded 3. THAT the free People of England in their respective divisions at certain days and places appointed shall for ever annually chuse one third part to each Assembly to enter into their Authority at certain days appointed the same days the Authority of a third of each of the said Assemblys to cease only in the laying the first Foundation in this Commonwealth's Constitution the whole number of both the Assemblys to be chosen by the People respectively viz. one third of each Assembly to be chosen for one year one third for two years and one third for three years 4. THAT such as shall be chosen having serv'd their appointed time in either of the said Assemblys of Parlament shall not be capable to serve in the same Assembly during som convenient interval or vacation 5. THAT the Legislative Power do wholly refer the execution of the Laws to the Magistracy according to the sixth Principle herein mention'd 6. THAT in respect to Religion and Christian Liberty it be ordain'd that the Christian Religion by the appointment of all succeding Parlaments be taught and promulgated to the Nation and public Preachers therof maintain'd and that all that shall profess the said Religion tho of different Persuasions in parts of the Doctrin or Disciplin therof be equally protected in the peaceable profession and public exercise of the same and be equally capable of all Elections Magistracys Preferments in the Commonwealth according to the order of the same Provided always that the public exercise of no Religion contrary to Christianity be tolerated nor the public exercise of any Religion tho professedly Christian grounded upon or incorporated into the Interest of any Foren State or Prince THESE your Petitioners humbly conceive to be the Essentials of the form of a free Commonwealth which if they were made fit for practice by your Honors appointing the numbers times places and all other necessary circumstances and settl'd as the fundamental Orders of the Commonwealth would naturally dispose those that should hereafter be chosen into the Parlaments from the love of their own interest to seek the common good being oblig'd by the Constitutions here humbly offer'd to partake with the whole body of the People of the good or evil that shall happen to the Commonwealth having no probable temtations or means left to compass any privat or factious ends in matters Religious or Civil And your Petitioners cannot imagin a greater security for the Cause and Interest contended for with such effusion of Blood than by disposing the free People into this kind of order wherby the same Cause would becom their common Interest Yet if your Honors should think it necessary or convenient for securing the minds of such as are doubtful and jealous that the People may betray their own Libertys there may be inserted into the fundamental Orders of the Commonwealth these following Expedients viz. 1. THAT for securing the Government of this Commonwealth and of the Religious and Civil freedom of the good People therof it may be for ever esteem'd and judg'd Treason against the Common-wealth for any Member of either Assembly of Parlament or any other person whatsoever to move or propose in either of the said Assemblys the restitution of Kingly Government or the introduction of any single Person to be chief Magistrat of England or the alteration of that part of the fundamental Order herein contain'd that concerns the equal freedom and protection of Religious persons of different Persuasions 2. THAT about the number of twelve persons of the most undoubted Fidelity and Integrity may be authoriz'd and impower'd for som certain number of years next insuing to seize apprehend and in safe custody to detain any person or persons whatsoever till he or they be in due form of Law deliver'd as is hereafter specify'd that shall move or propose in either of the said Assemblys of Parlament the restitution of Kingly Government or the introduction of any single Person to be chief Magistrat of this Commonwealth or the alteration of that part of the fundamental Order herein contain'd that concerns the equal freedom and protection of religious persons of different persuasions but for no other matter or cause whatsoever And when it shall happen that any person or persons shall be arrested or seiz'd for any of the causes aforesaid in manner aforesaid then a Commission of Oyer and Terminer may issue forth in due form of Law to the said twelve or any six of them to procede in due form of Law within one month after the apprehension of any such person or persons to the arrainment and public trial of every such person or persons and upon the legal conviction of him or them by the testimony of two sufficient Witnesses of any of the Treasons herein declar'd to condemn to the pains of death and to cause the same Judgment to be duly executed and the Keeper or Keepers of the Great Seal of England that shall be for the time being may be authoriz'd and requir'd from time to time during the term of years to issue out Commissions to the said twelve or any six of them authorizing them to procede as aforesaid AND if your Honors shall further judg it convenient the fundamental Orders of the Government may be consented to or subscrib'd by the People themselves if their express Pact shall be esteem'd any additional security other Nations upon the like occasions of expulsion of their Kings having taken the Peoples Oaths against their returning And the same may be proclaim'd as often as our Ancestors provided for the proclaiming of Magna Charta and any further security also added if any can be found among men that has a foundation in Justice NOW your Petitioners having with humble submission to your grave Wisdoms thus declar'd their apprehensions of the present condition of this distracted Nation and the only effectual means under God to prevent the impending Mischiefs They do must humbly pray THAT such speedy considerations may be had of the Premises as the Condition of this Nation requires and that such a method may be settled for the debating and consulting about the Government that your wise Results may be seasonable for the healing all the breaches of the Commonwealth and establishing the sure foundations of Freedom Justice Peace and Unity And your Petitioners shall always pray c. Wednesday July the 6 th 1659. THE House being inform'd that divers Gentlemen were at the door with a Petition they were call'd in and one of the Petitioners in behalf of himself and the rest said We humbly present you a Petition to which we might have had many thousand hands but the Matter rather deserves your serious Consideration than any public Attestation and therfore we do humbly present it to this Honorable House Which after the Petitioners were withdrawn was read and was intitl'd The humble Petition of divers wellaffected Persons Resolv'd THAT the Petitioners have the Thanks of the House THE Petitioners were again call'd in and Mr. Speaker gave them this Answer Gentlemen THE House has read over your Petition and find it without any privat end and only for the public Interest and I am commanded to let you know that it lys much upon them to make such a Settlement as may be most for the good of Posterity and they are about that work and intend to go forward with it with as much expedition as may be And for your parts they have commanded me to give you Thanks and in their names I do give you the Thanks of this House accordingly Tho. St. Nicholas Clerc of the Parlament FINIS Advertisement DIscourses concerning Government by ALGERNON SIDNEY Son to ROBERT Earl of Leicester and Ambassador from the Commonwealth of England to CHARLES GUSTAVUS King of Sweden Published from an Original Manuscript of the Author Price 15 s. A Complete Collection of the Historical Political and Miscellaneous Works of JOHN MILTON both English and Latin With som Papers never before publish'd In 3 Vol. To which is prefix'd The Life of the Author containing besides the History of his Works several extraordinary Characters of Men and Books Sects Partys and Opinions Price 35 s. Both printed by J. DARBY and sold by the Booksellers
Ambition promted were equally capable of Magistracy Citys of Refuge Num. 35. OF the Levitical Citys three beyond and three on this side Jordan Sect. 14 were Citys of Refuge If a man was slain the next of kindred by the Laws of Israel was the Avenger of Blood and to the Avenger of Blood it was lawful to slay him that slew his Kinsman wherever he could find him except only in a City of Refuge For this cause if a man had slain another he fled immediatly to one of these Sanctuarys whence nevertheless the Judges in the Gates within whose proper verge the Crime was committed caus'd the Malefactor to be brought before them by a Guard and judg'd between the Slayer and the Avenger of Blood If that which we call Murder or Manslaughter was prov'd against him by two Witnesses he was put to death but if it was found as we say Chancemedly he was remanded with a Guard to the City of Refuge whence if before the Death of the High Priest he was found wandring it was lawful not only for the Avenger of Blood but for any man else to slay him The High Priest being dead he return'd not home only but to his Inheritance also with liberty and safety If a Priest had slain a man his Refuge was the Sanctuary whence nevertheless he was taken by the Sanhedrim and if upon trial he was found guilty of wilful Murder put to death If a man coms presumtuously upon his Neighbor to slay Exod. 21. 14. him with guile thou shalt take him from my Altar that he may dy The Jubile INHERITANCES being thus introduc'd by the Lot were immovably Sect. 15 intail'd on the Proprietors and their Heirs for ever by the institution of the Jubile or the return of Lands however sold or ingag'd once in fifty years to the antient Proprietor or his lawful Heir Yet remain'd there two ways wherby Lots might be accumulated the one by casual Inheritance the other by marriage with an Heiress as in the case Num. 36. of ZELOPHEDAD or of his Daughters NOW to bring the whole result of these historical parts thus prov'd Sect. 16 to the true Political Method or Form the Commonwealth instituted by MOSES was according to this Model The Model of the Common-wealth of Israel THE whole People of Israel thro a popular distribution of the Land of Canaan among themselves by lot and the fixation of such a popular Balance by their Agrarian Law or Jubile intailing the inheritance of each Proprietor upon his Heirs for ever was locally divided into twelve Tribes Book II EVERY Tribe had a double capacity the one Military the other Civil A TRIBE in its Military capacity consisted of one Staff or Standard of the Camp under the leading of its distinct and hereditary Prince as Commander in chief and of its Princes of Familys or chief Fathers as Captains of thousands and Captains of hundreds A TRIBE in its Political capacity was next and immediatly under the government of certain Judicatorys sitting in the Gates of its Citys each of which consisted of twenty three Elders elected for life by free suffrage THE Soverain Power and common Ligament of the twelve Tribes was the Sanhedrim of Israel and the Ecclesia Dei or Congregation of the Lord. THE Sanhedrim was a Senat consisting of seventy Elders for life so instituted by the free Election of six Competitors in and by each Tribe every Elder or Senator of the Sanhedrim being taken out of this number of Competitors by the Lot THE Congregation of the Lord was a Representative of the People of Israel consisting of twenty four thousand for the term of one month and perpetuated by the monthly Election of two thousand Deputys of the People in each Tribe THE Sanhedrim upon a Law made was a standing Judicatory of Appeal from the Courts in the Gates throout the Tribes and upon a Law to be made whatever was propos'd by the Sanhedrim and resolv'd in the affirmative by the Congregation of the Lord was an Act of the Parlament of Israel Deut. 4. 5 6. OF this Frame says MOSES to the People as well he might Behold I have taught you Statutes and Judgments even as the Lord my God commanded me that ye should do so in the Land whither you go to possess it Keep therfore and do them for this is your Wisdom and your Vnderstanding in the sight of the Nations which shall hear all these Statutes and say Surely this great Nation is a wise and understanding People In another place upon the Peoples observing this form he pronounces all the choicest Blessings and in case of violation of the same a long enumeration of most dreadful Curses among which he Deut. ●8 36. has this The Lord shall bring thee and thy King which thou shalt set over th●e to a Nation which neither thou nor thy Fathers have known and there shalt thou serve other Gods Wood and Stone In which words first he charges the King upon the People as a Creature of their own and next opposes his Form pointblank to Monarchy as is farther apparent in the whole Antithesis running throout that Chapter To the neglect of these Orders may be apply'd those words of DAVID I have said that ye are Gods but ye shall dy like Men and fall like one of the Princes But this Government can with no countenance of Reason or testimony of Story give any man ground to argue from the Frame thus instituted by MOSES that a Commonwealth rightly order'd and establish'd may by any internal cause arising from such Orders be broken or dissolv'd it being most apparent that this was never establish'd in any such part as could possibly be holding MOSES dy'd in the Wilderness and tho JOSHUA bringing the People into the promis'd Land did what he could during his Life towards the establishment of the Form design'd by MOSES yet the hands of the Peopl e specially after the death of JOSHUA grew slack and they Chap. 3 rooted not out the Canaanits which they were so often commanded to do and without which it was impossible their Commonwealth should take any root Nevertheless settled as it could be it was in som parts longer liv'd than any other Government has yet bin as having continu'd in som sort from MOSES to the dispersion of the Jews in the Reign of the Emperor ADRIAN being about one thousand seven hundred years But that it was never establish'd according to the necessity of the Form or the true intent of MOSES is that which must be made farther apparent throout the sequel of the present Book and first in the state of the Israelits under their Judges CHAP. III. Shewing the Anarchy or State of the Israelits under their Judges A full Description of the Representative of the People of Israel 1 Chr. 27. THE Frame of that which I take to have bin the ordinary Congregation Sect. 1 or Representative of the People of Israel is not perfectly