be is apparent because the high Sherifs whose Office is of greater difficulty have always bin annual seeing therfore they may be annual that so they ought in this Administration to be will appear where they com to be constitutive of such Courts as should they consist of a standing Magistracy would be against the nature of a Commonwealth But the Precincts hitherto being thus stated it is propos'd Book III THAT every twenty Hundreds lying nearest and most conveniently together be cast into one Tribe That the whole Territory being after this Precinct of the Tribe manner cast into Tribes som Town Village or place be appointed to every Tribe for the Capital of the same And that these three Precincts that is the Parish the Hundred and the Tribe whether the Deputys thenceforth annually chosen in the Parishes or Hundreds com to increase or diminish remain firm and inalterable for ever save only by Act of Parlament THESE Divisions or the like both personal and local are that in a well order'd Commonwealth which Stairs are in a good house not that Stairs in themselves are desirable but that without them there is no getting into the Chambers The whole matter of Cost and Pains necessary to the introduction of a like Model lys only in the first Architecture or building of these Stairs that is in stating of these three Precincts which don they lead you naturally and necessarily into all the Rooms of this Fabric For the just number of Tribes into which a Territory thus cast may fall it is not very easy to be guest yet because for the carrying on of discourse it is requisit to pitch upon som certainty I shall presume that the number of the Tribes thus stated amounts to fifty and that the number of the Parochial Deputys annually elected in each Tribe amounts to two thousand Be the Deputys more or fewer by the alterations which may happen in progress of time it disorders nothing Now to ascend by these Stairs into the upper Rooms of this Building it is propos'd Assembly or Muster of the Tribe THAT the Deputys elected in the several Parishes together with their Magistrats and other Officers both Civil and Military elected in their several Hundreds assemble or muster annually for example upon Monday next insuing the last of February at the Capital of their Tribe HOW the Troops and Companys of the Deputys with their Military Officers or Commanders thus assembl'd may without expence of time be straight distributed into one uniform and orderly Body has bin elswhere * In Oceana shewn and is not needful to be repeated For their work which at this meeting will require two days it is propos'd Magistrats of the Tribe THAT the whole Body thus assembl'd upon the first day of the Assembly elect out of the Horse of their number one High Sherif one Lieutenant of the Tribe one Custos Rotulorum one Conductor and two Censors That the High Sherif be Commander in chief the Lieutenant Commander in the second place and the Conductor in the third of this Band or Squadron That the Custos Rotulorum be Mustermaster and keep the Rolls That the Censors be Governors of the Ballot And that the term of these Magistracys be annual THESE being thus elected it is propos'd THAT the Magistrats of the Tribe that is to say the High Sherif The Prerogative Troop Lieutenant Custos Rotulorum the Censors and the Conductor together with the Magistrats and Officers of the Hundreds that is to say the twenty Justices of the Peace the forty Jurymen the twenty High Constables be one Troop or one Troop and one Company apart call'd the Prerogative Troop or Company That this Troop bring in and assist the Justices of Assize hold the Quarter Sessions in their several Capacitys and perform their other Functions as formerly BY this means the Commonwealth at its introduction may imbrace the Law as it stands that is unreform'd which is the greatest advantage of such Reformations for to reform Laws before the introduction of the Government which is to shew to what the Laws in Reformation Chap. 1 are to be brought or fitted is impossible But these Magistrats of the Hundreds and Tribes being such wherby the Parlament is to govern the Nation this is a regard in which they ought to be further capable of such Orders and Instructions as shall therto be requisit For which cause it is propos'd The Phylarch THAT the Magistrats of the Tribe that is to say the High Sherif Lieutenant Custos Rotulorum the Censors and the Conductor together with the twenty Justices elected at the Hundreds be a Court for the Government of the Tribe call'd the Phylarch and that this Court procede in all matters of Government as shall from time to time be directed by Act of Parlament BY these Courts the Commonwealth will be furnish'd with true Channels wherby at leisure to turn the Law into that which is sufficiently known to have bin its primitive Course and to a perfect Reformation by degrees without violence For as the corruption of our Law procedes from an Art inabled to improve its privat Interest or from the Law upon the Bench and the Jury at the Bar So the Reformation of our Law must com from disabling it as an Art to improve its privat Interest or to a Jury upon the Bench and the Law at the Bar as in Venice The third Parallel Deut. 16. 18. JVDGES and Officers shalt thou make thee in all thy Gates which the Lord thy God gives thee throout thy Tribes and they shall judg the People with just Judgment These Courts whose Sessionhouse was in the Gates of every City were shewn each of them to have consisted of Book 2. twenty three Elders which were as a Jury upon the Bench giving sentence by plurality of Votes and under a kind of appeal to the seventy Elders or Senat of Israel as was also shewn in the second Book THIS or the like by all example and beyond any controversy has bin and is the natural way of Judicature in Commonwealths The Phylarchs with a Court or two of Appeals eligible out of the Senat and the People are at any time with ease and very small alteration to be cast upon a triennial Rotation which in all things besides proceding after the manner of the Venetian Quarancys will be in this case perfect Orders TO return The first Day 's Election at the Tribe being as has bin shewn it is propos'd THAT the Squadron of the Tribe on the second day of their Assembly elect two Knights and three Burgesses out of the Horse of their number Knights and Burgesses and four other Burgesses out of the Foot of their number That each Knight upon Election forthwith make Oath of Allegiance to the Commonwealth or refusing this Oath that the next Competitor in Election to the same Magistracy making the said Oath be the Magistrat the like for the Burgesses That the
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 Vsurpation than now in England they are rather to be slighted than consider'd as those the stoutest wherof have but given this Example to the rest that they who in this state of Affairs shall obstruct an equal and well order'd Government shall but ruin themselves For which cause it is propos'd 1. THAT all Citizens that is Freemen or such as are not Servants be distributed into Horse and Foot That such of them as have one hundred pounds a year in Lands Goods or Mony or above this proportion be of the Horse and all such 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 Administration and that the Youth or such Freemen as are between eighteen years of age and thirty be not capable of civil Administration but of military only in such manner as shall follow in the military part of this Model 3. THAT the whole native or proper Territory of the Commonwealth be cast with as much exactness as can be convenient into known and fix'd Precincts or Parishes 4. THAT the Elders resident in each Parish annually assemble in the same for example upon Monday next insuing the last of December That they then and there elect out of their own number every fifth man or one man of every five to be for the term of the year insuing a Deputy of that Parish and that the first and second so elected be Overseers or Presidents for the regulating of all Parochial Congregations whether of the Elders or of the Youth during the term for which they were elected 5. THAT so many Parishes lying nearest together whose Deputys shall amount to one hundred or therabouts be cast into one Precinct call'd the Hundred and that in each Precinct call'd the Hundred there be a Town Village or place appointed to be the Capital of the same 6. THAT the Parochial Deputys elected throout the Hundred assemble annually for example upon Monday next insuing the last of January at the Capital of their Hundred That they then and there elect out of the Horse of their number one Justice of the Peace one Juryman one Captain one Insign and out of the Foot of their number one other Juryman one High Constable c. 7. THAT every twenty Hundreds lying nearest and most conveniently together be cast into one Tribe that the whole Territory being after this manner cast into Tribes som Town or place be appointed to every Tribe for the Capital of the same and that these three Precincts that is the Parish the Hundred and the Tribe whether the Deputys thenceforth annually chosen in the Parishes or Hundreds com to increase or diminish remain firm and inalterable for ever save only by Act of Parlament The Tribes are presum'd throout these Propositions to amount to fifty 8. THAT the Deputys elected in the several Parishes together with their Magistrats and other Officers both Civil and Military elected in the several Hundreds assemble or muster annually for example upon Monday next insuing the last of February at the Capital of their Tribe for the space of two days 9. THAT this whole Body thus assembl'd upon the first day of their Assembly elect out of the Horse of their number one high Sherif one Lieutenant of the Tribe one Custos Rotulorum one Conductor and two Censors That the High Sherif be Commander in chief the Lieutenant Commander in the second place and the Conductor in the third place of this Band or Squadron That the Custos Rotulorum be Mustermaster and keep the Rolls that the Censors be Governors of the Ballot and that the term of these Magistracys be annual 10. THAT the Magistrats of the Tribe that is to say the High Sherif Lieutenant Custos Rotulorum the Censors and the Conductor together with the Magistrats and Officers of the Hundreds that is to say the twenty Justices of the Peace the forty Jurymen the twenty High Constables be one Troop or one Troop and one Company apart call'd the Prerogative Troop or Company That this Troop bring in and assist the Justices of Assize hold the Quarter Session in their several Capacitys and perform their other Functions as formerly 11. THAT the Magistrats of the Tribe that is to say the High Sherif Lieutenant Custos Rotulorum the Censors and the Conductor together with the twenty Justices elected at the Hundreds be a Court for the Government of the Tribe call'd the Phylarch and that this Court procede in all matter of Government as shall from time to time be directed by Act of Parlament 12. THAT the Squadron of the Tribe on the second day of their assembly elect two Knights and three Burgesses out of the Horse of their number and four other Burgesses out of the Foot of their number that each Knight upon election forthwith make Oath of Allegiance to the Commonwealth or refusing such Oath the next Competitor in Election to the same Magistracy making the said Oath be the Magistrat The like for the Burgesses That the Knights thus sworn have Session in the Senat for the term of three years and that the Burgesses thus sworn be of the Prerogative Tribe or Representative of the People for the like term 13. THAT for the full and perfect institution of the Assemblys mention'd the Squadron of the Tribe in the first year of the Commonwealth elect two Knights for the term of one year two other Knights for the term of two years and lastly two Knights more for the term of three years the like for the Burgesses of the Horse first and then for those of the Foot And that this Proposition be of no farther use than for the first years Election only 14. THAT a Magistrat or Officer elected at the Hundred be therby bar'd from being elected a Magistrat of the Tribe or of the first day's Election but that no former Election whatsoever bar a man of the second day's Election at the Tribe or to be chosen a Knight or Burgess That a man being chosen a Knight or Burgess who before was chosen a Magistrat or Officer of the Hundred or Tribe may delegat his former Office or Magistracy in the Hundred or in the Tribe to any other Deputy being no Magistrat nor Officer and being of the same Hundred and of the same Order that is of the Horse or Foot respectively 15. THAT the Knights of the annual Election take their places on Monday next insuing the last of March in the Senat that the like number of Knights whose Session determins at the same time recede That every Knight or Senator be paid out of the public Revenue quarterly one hundred twenty five pounds during his term of Session and be oblig'd to sit in purple Robes 16. THAT annually on reception
my first Intention I shall now fall upon the second which is the intrinsic value and expediency of this Government and som little comparison with others but herein we shall be short and only so far as concerns this And indeed it is a business so ticklish that even Mr. HOBS in his piece de Cive tho he assur'd himself that the rest of his Book which is principally calculated for the assertion of Monarchy is demonstrated yet he douts whether the Arguments which he brings to this business be so firm or not and MALVEZZI contrarily remonstrats in his Discourses upon TACITUS that Optimacys are clearly better than Monarchys as to all advantages And indeed if we look on the Arguments for Monarchy they are either Flourishes or merely Notions such are the reference and perfection of Unity which say they must needs work better and more naturally as one simple cause besides that it stills and restrains all other claims than many coordinat wheras they never consider that tho among many joint Causes there may be some jarring yet like cross Wheels in an Engin they tend to the regulation of the whole What violent Mischiefs are brought in by the Contentions of Pretenders in Monarchys the Ambiguitys of Titles and lawless Ambition of Aspirers wheras in a settled Republic all this is clear and unperplex'd and in case any particular man aspires they know against whom to join and punish as a common Enemy As for that reason which alleges the advantage of Secresy in business it carries not much with it in regard that under that even most pernicious designs may be carried on and for wholsom Councils bating som more nice Transactions it matters not how much they be tost among those who are so much intrusted and concern'd in them all bad designs being never in probability so feeble and ineffectual as when there are many eyes to overlook them and voices to decry them As for that expedition in which they say Monarchs are so happy it may as well further a bad intention as give effect to a just Council it depending on the Judgment of a single man to whose will and ends all must refer wheras a select number of intrusted Persons may hasten every opportunity with a just slowness as well as they tho indeed unless it be in som Military critical Minutes I see not such an Excellency in the swiftness of heady Dispatch precipitation in Counsils being so dangerous and ominous As for what concerns privat Suitors they may as speedily and effectually if not more be answer'd in staid Republics as in the Court of a King where Bribery and unworthy Favorits do not what is just but what is desir'd WITH these and many others as considerable which partly willingly and partly in this penury of Books forgettingly I pass do they intend to strengthen this fantastical and airy Building but as sly Controverters many times leave out the principal Text or Argument because should it be produc'd it could not be so easily answer'd so these men tell us all the Advantages of Monarchy supposing them still well settled and under virtuous men but you shall never hear them talk of it in its corrupt state under leud Kings and unsettled Laws they never let fall a word of the dangers of Interreigns the Minoritys and Vices of Princes Misgovernments evil Councils Ambitions Ambiguitys of Titles and the Animositys and Calamities that follow them the necessary Injustices and Oppressions by which Monarchs using the Peoples Wealth and Blood against themselves hold them fast in their Seats and by som suspension of Divine Justice dy not violently WHEREAS other Governments establish'd against all these Evils being ever of Vigor and just Age settled in their own Right freed from pretences serv'd by experienc'd and engag'd Councils and as nothing under the Moon is perfect somtimes gaining and advantag'd in their Controversys which have not seldom as we may see in Old Rome brought forth good Laws and Augmentations of Freedom whereas once declining from their Purity and Vigor and which is the effect of that ravish'd by an Invader they languish in a brutish Servitude Monarchy being truly a Disease of Government and like Slaves stupid with harshness and continuance of the lash wax old under it till they either arrive at that Period which God prescribes to all People and Governments or else better Stars and Posterity awaken them out of that Lethargy and restore them to their pristin Liberty and its daughter Happiness BUT this is but to converse in Notions wandring and ill abstracted from things let us now descend to practical Observation and clearly manifest out the whole Series of Time and Actions what Circumstances and Events have either usher'd or follow'd one Race of Kings That if there were all the Justice in the World that the Government of a Nation should be intail'd upon one Family yet certainly we could not grant it to such a one whose criminal Lives and formidable Deaths have bin Evidences of God's Wrath upon it for so many Generations AND since no Country that I know yields such an illustrious Example of this as Scotland dos and it may be charity to bring into the way such as are misled I have pitch'd upon the Scotish History wherin as I have only consulted their own Authors as my fittest Witnesses in this case so have I not as a just History but as far as concerns this purpose faithfully and as much as the thing would permit without glosses represented it so that any calm Understanding may conclude that the Vengeance which now is level'd against that Nation is but an attendent of this new introduc'd Person and that he himself tho for the present he seems a Log among his Frogs and suffers them to play about him yet God will suffer him if the English Army prevents not to turn Stork and devour them while their Crys shall not he heard as those that in spite of the warning of Providence and the light of their own Reasons for their own corrupt Interest and greedy Ambition brought these Miserys upon themselves An Instance of the preceding REASONS out of the SCOTISH HISTORY The Second Part. AND now we com to our main business which is the review of Story wherin we may find such a direct and uninterrupted Series such mutual Endearments between Prince and People and so many of them crown'd with happy Reigns and quiet Deaths two successively scarce dying naturally that we may conclude they have not only the most reason but a great deal of excellent Interest who espouse the Person and Quarrel of the hopeful Descendent of such a Family nor shall we be so injurious to the Glory of a Nation proud with a Catalogue of Names and Kings as to expunge a great part of their number tho som who have don it affirm there can be no probability that they had any other being than what HECTOR BOYES and the black book of Pasley out of which BUCHANAN had
of this Government Wherfore it being inavoidable in the Turkish Empire that either the Janizarys or the Timariots may do what they list in regard that whether of them be able to give Law to the other must at the same time be able to give Law to the Prince and to bring them to an equal Balance were to make a Civil War or at least to sow 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 coms next to be try'd In this the Considerer gives his word that there never rises any danger to the Crown but when either a great part of the Soverain Power is put into the hands of the Nobility as in Germany and Poland Consid p. 47. where it should seem by him that the Electors 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 Electors or Gentry or when som Person or Family is suffer'd to overtop the rest in Riches Commands and Dependence as the Princes of the Blood and Lorrain not long since in France and of old the MONTFORTS and NEVILS in England The first of these he declares to be a vicious Government and a Monarchy only in name The second he undertakes shall easily admit of this Remedy That the great ones be reduc'd decimo sexto to a lesser Volum and level'd into an Equality with the rest of their Order HIS Putpin is pretty The Emperor puts Power into the hands of the Electors and the King of Poland puts Power into the hands of the Gentlemen Which Governments therfore and all such like as when the King of England did put Power into the hands of the Barons at such 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 restor'd are vicious Constitutions and Monarchys only in name such as he will not meddle with and therfore let them go Well but where is the Patient then if these be not Monarchys by Nobility Book I what do we mean by that thing or what Government is it that we are to cure Why such a one where som Person or Family is suffer'd to overtop the rest in Riches Commands and Dependence as the Princes of the Blood and Lorrain not long since in France and of old the MONTFORTS and the NEVILS in England So then the same again for these are no other upon recollection are those that admit of this easy cure Let the great Ones be reduc'd to a lesser Volum and level'd with the rest of their Order But how if they be the weaker Party they are not the Great Ones and if they be the stronger Party how will he reduce them Put the case a man has the Gout his Physician dos not bid him reduce his overtopping Toes to the Volum of the other Foot nor to level them to equality with the rest of their Order but prescribes his Remedys and institutes the Method that should do this feat What is the Method of our AESCULAPIUS Point de Novelle or where are we to find it e'en where you please The Princes of the Blood and of Lorrain in France the MONTFORTS 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 Conduct intrusted them with the managing of their Arms or Affairs So the Prince that would have level'd them must have level'd their Party which in case the Controversy be upon the Right or pretended Right of the Nobility in the Government which commonly makes them hang together may com to the Consid p. 49. whole Order what then Why then says he the Prince must preserve his Nobility weighty enough to keep the People under and yet not tall enough in any particular Person to measure with himself which abating the figure is the same again and so I have nothing to answer but the figure Now for this the Prince himself is no otherwise tall than by being set upon the shoulders of the Nobility and so if they set another upon the same shoulders as in HENRY the 4 th or the 7 th who had no Titles to the Crown nor could otherwise have measur'd with the Prince be he never so low he coms to be tall enough in his particular person to measure with the Prince and to be taller too not only by those old examples but others that are younger than our selves tho such 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 preserving his Nobility weighty enough to keep the People under must preserve in them the balance of that kind of Empire and the balance containing the Riches which are the Power and so the Arms of the Nation this being in the Nobility the Nobility when willing must be able to dispose of the King or of the Government Nor under a less weight is a Nobility qualify'd to keep down the People as by an Argument from the contrary HENRY the 7 th having found the strength of his Nobility that set 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 off their Train of Retainers which diminution of their weight releasing the People by degrees has caus'd that Plain or Level into which we live to see the Mountain of that Monarchy now sunk and swallow'd wherfore the Balance of the Nobility being such as failing that kind of Monarchy coms to ruin and not failing the Nobility if they join may give Law to the King the inherent disease of a Monarchy by a Nobility remains also uncur'd and incurable Chap. 9 THESE are points to which I had spoken before but somthing The Balance of France concerning France and foren Guards was mumbl'd by the Prevaricator in a wrong place while he was speaking of Turky where there is no such thing This lest I be thought to have courted opposition for nothing shall open a new Scene while I take the occasion in this place to speak first of the Balance of the French Monarchy and next of the Nature and Use of Foren Guards THE whole Territory of France except the Crown Lands which on this account are not considerable consists of three shares or parts wherof the Church holds one the Nobility another and the Presidents Advocats other Officers of the Parlaments Courts of Justice the Citizens Merchants Tradesmen the Treasures Receivers of the Customs Aids Taxes Impositions Gabels all which together make a vast body hold a third by how equal Portions I am sorry that I do not know nor where to learn but this is the Balance of the
THEODOSIUS VALENTINIAN and CHARLES the Great than Royal Election there is nothing safer Upon the heels of these Words treads Dr. HAMMOND in this manner §. 104 That Election and Ordination are several things is sufficiently known to every man that measures the nature of Words either by usage or Dictionarys only for the convincing of such as think not themselves oblig'd to the observation of so vulgar Laws I shall propose these evidences In the Story of the Creation of the Deacons of Jerusalem there are two Acts 6. things distinctly set down one propos'd to the multitude of Disciples to be don by them another reserv'd to the Apostles that which was propos'd to the Multitude was to elect c. Election of the Persons was by the Apostles permitted to them but still the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 constituting is reserv'd to the Apostles Then coms Dr. SEAMAN Be it granted as it Of Ordinat p. 13. is by Protestants generally that PAUL and BARNABAS made Elders with the consent of the People their Consent is one thing and their Power another WHERE in the first place I for my particular who have had the Books of Dr. HAMMOND and Dr. SEAMAN sent to me by way of Objection need not go a step further All that I have inserted in my Oceana concerning Ordination is in these three Votes acknowledg'd and confirm'd For the Probationer to be there sent by a University to a Cure that is vacant may by a Doctor or the Doctors of the same University already ordain'd receive Imposition of Hands if that be thought fit to be added and then the Election of the same Probationer by the People dos no hurt nay says GROTIUS is of De Imp. c. 10 the right of Nature for it is naturally permitted to every Congregation to procure those things which are necessary to their conservation of which number is the Application of Function So Merchants have the right of electing of a Master of their Ship Travellers of a Guide in their way and a free People of their King The Merchant it seems dos not make the Master of his Ship the Traveller his Guide nor the free People their King but elect them As if VAN TRUMP had bin Admiral a Robber upon the Highway had bin a Scout or the Guide of an Army or SAUL a King before they were elected The point is very nice which instead of proving he illustrats in the beginning of the same Chapter by these three similitudes THE first is this The Power of the Husband is from God the Application of this Power to a certain Person is from consent by which nevertheless the right is not given for if this were by consent the Matrimony might be dissolv'd by consent which cannot be As if an apparent retraction of Matrimonial Consent as when a Wife consents to another than her own Husband or commits Adultery did not deliver a man from the bond of Marriage by the Judgments of CHRIST There is an imperfection or cruelty in those Laws which make Marriage to Book II last longer than a man in humanity may be judg'd to be a Husband or a Woman a Wife To think that Religion destroys Humanity or to think that there is any defending of that by Religion which will not hold in Justice or natural Equity is a vast error THE second Similitude is this Imperial Power is not in the Princes that are Electors of the Empire wherfore it is not given by them but applied by them to a certain Person 1 Pet. 2. 13. THIS is answer'd by PETER where he commands Obedience to every Ordinance of Man or as som nearer the Original every Power created by men whether it be to the Roman Emperor as Supreme or to the Proconsuls of Asia and Phrygia as sent by him for this is the sense of the Greec and thus it is interpreted by GROTIUS Now if the then Roman Emperor were a Creature of Man why not the now Roman Emperor THE last Similitude runs thus The Power of Life and Death is not in the Multitude before they be a Commonwealth for no privat Man has the right of Revenge yet it is appli'd by them to som Man or Political Body of Men. But if a man invades the Life of another that other whether under Laws or not under Laws has the right to defend his own Life even by taking away that if there be no other probable Remedy of the Invader So that men are so far from having bin voâ—d of the power of Life and Death before they came under Laws that Laws can never be so made as wholly to deprive them of it after they com under them wherfore the power of Life and Death is deriv'd by the Magistrat from and confer'd upon him by the consent or Chirotonia of the People wherof he is but a mere Creature that is to say an Ordinance of Man THUS these Candles being so far from lighting the House that they dy in the Socket GROTIUS has bin no less bountiful than to grant us that the People have as much right where there is no human Creature or Law to the contrary to elect their Churchmen as Merchants have to elect their Seamen Travellers their Guides or a free People their King which is enough a conscience Nor is Dr. HAMMOND straiter handed Election says he was permitted by the Apostles to the Multitude and therfore the same may be allow'd always provided the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 constituting be reserv'd to the Pastors or ordain'd Doctors and Preachers And Dr. SEAMAN upon condition the People will not say that it was don by their power but think it fair that it was don by their consent is also very well contented So all stands streight with what I have heretofore propos'd Let no man then say whatever follows that I drive at any Ends or Interests these being already fully obtain'd and granted nevertheless for truth sake I cannot leave this Discourse imperfect If a Politician should say that the Election and the Ordination of a Roman Consul or Pontifex were not of like nature that the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Contract of the Senat of Rome with the People in the Livy Election of NUMA ut cum populus regem jussisset id sic ratum esset si patres autores fierent included or impli'd the Soverain power to be in the Fathers that the Consent of this People was one thing and their Power another if I say he should affirm these or the like in Athens Lacedemon or any other Commonwealth that is or has bin under the Sun there would be nothing under the Sun more ridiculous than that Politician But should men pretending to Government of any kind be not oblig'd to som consideration of these Rules in Nature Chap. 5 and universal Experience yet I wonder how the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to constitute with which they make such a flourish did not lead them otherwise than they follow
They that are now in power have no trust at all in Forms Pub. Do they sail in Ships not upon Planks Do they ride Horses not Hogs Do they travel in Coaches not upon Hurdles Do they live in Houses not in Ditches Do they eat Bread not Stones Val. Enough enough Pub. But in so doing they acknowlege such a Form to be security for such a use or action And must the form of a Commonwealth be the only form in which they can allow no security for the proper use and action Val. They observe none of this Pub. Do they observe that there is any security in Men Val. That especially in our times were somwhat a hard matter Pub. And how many Securitys are there Val. I know no more than one personal or in Men another real or in Things Pub. Chuse you whether you would have Val. Well be the necessary action or use of your Form what it will I would see it more plainly and particularly demonstrated how the spirit of the Nation or the whole People being freely eligible into your Assemblys must presently lose that inclination which now plainly they have to set up Monarchy or to persecute for Conscience Pub. You will allow no weight in the Argument that a People in Liberty unless the Orders of their Commonwealth were first fundamentally ruin'd that is broken in the balance or foundation did never do either of these Val. What weight soever I allow to this Argument it is no ways to my present purpose Pub. You will put me then beside experience and to shew by what reason it is that a Peartree must bear Pears or why men gather not Grapes on Thorns or Figs on Thistles Val. Poor PUBLICOLA be the task as hard as it will I am for this time resolv'd to hold you to it Pub. What is it then that any Government can be sufficiently founded or balanc'd upon but such an Interest as is sufficiently able to bear it Val. Good Sir a Government ought to be founded upon Justice I take it Pub. Right and is not that Government which is founded upon an Interest not sufficiently able to bear it founded upon Injustice Val. I suspect whither this will go A Government founded upon the overbalance of Property is legitimatly founded and so upon Justice but a Government founded upon the underbalance of Property must of necessity be founded upon Force or a standing Army Is not this that which you mean by Interest sufficient or not sufficient to sustain a Government Pub. You have it right Val. O Atheist this damns the Government of the Saints Pub. Look you now how irreligious a thing it may be made to speak but with common honesty Do you think that such as are plainly Oligarchists or shall exercise by a force and without election by the People such a Power as is both naturally and declaredly in the People and in them only can establish their Throne upon Justice Val. No. Pub. Do you think that such as are truly Saints can establish their Throne upon Injustice Val. No. Pub. Why then you have granted that such as are plainly Oligarchists cannot be truly Saints Again do you still think as you once intimated that a Government now introduc'd in England exactly according to the Principles of Prudence and Justice would rule the Earth Val. Yes Pub. Do you think that such as are truly Saints if they introduce a Government ought to introduce it exactly according to the Principles of Prudence and Justice Val. Yes Pub. Why then let such as are truly Saints but see what it is to rule the Earth and take the Rule of the Earth Val. They will not approve of this way Pub. How not the Saints approve of Prudence and Justice Who is the Atheist now VALERIUS Val. Good PUBLICOLA let us keep to the point in hand You say That the security of Liberty lys not in the People but in the form of their Government so I am yet to expect when you will shew what there is in your form why it must be impossible for the People under it to restore Monarchy or to persecute for Conscience Pub. See you not that to do either of these under such a form must be pointblank against their Interest Val. But so either of these is now and yet in this posture you will confess that they would do both Pub. Mark how I am us'd I speak of a Form supported by an Interest sufficiently able to bear it and of an Interest contain'd under a Form sufficiently able to secure it and you instance in a Posture which is no form at all but such a confusion among and force upon the People as creates an Interest in them to rid themselves which way they can of such a misery Val. I did acknowlege and must confess that your popular Assembly is such as cannot err except thro ignorance but thro this you your self have acknowleg'd and must confess that it may err Pub. I retract nothing Val. Now first or never they will restore Monarchy thro ignorance Pub. But they cannot do this first therfore they can never do it Val. Why cannot the popular Assembly do this first Pub. Because it must first be propos'd by a Senat that can neither do any such thing thro ignorance nor thro knowlege Val. Nay then have at you I will set this same Senat and Representative of yours to work in such a manner that you shall confess they may set up Monarchy Pub. Do your worst Val. Your Senat being assembl'd I will not have them make long Speeches Pub. Nor I Val. Rises me up one of the Senators and says Mr. Speaker this Nation has bin long in labor but now thro the mercy of God the Child is not only com to the Birth but there is also strength to bring forth In the number of Counsillors there is strength the number of this House is good far better than has usually bin of late and their Election has bin very free and fair Here is also I know not how but the Inventions of men are overrul'd by the Providence of God an extraordinary and exceding great confluence of honest men who are not so well here and if you determin any thing that is good for your Country will go home and pray for you Now Sir to be brief since our Government consisted of King Lords and Commons the antient the only the most happy Government that this Nation nay that the World ever knew it is but too well known that we have had no Government at all wherfore my opinion is that we propose as they call it to these honest men who you need not doubt will receive it with glad hearts the restitution of Right and of the Government in this Nation by King Lords and Commons As sure as you live PUBLICOLA thus much being said your whole Senat will immediatly agree to propose it to the Representative and thus much being propos'd to the Representative those People will throw up