towards the better settlement of the Kingdom Among these there was an eminent Royalist who prevail'd with him to draw up som Instructions for the King's service wherby he might be inabl'd to govern with satisfaction to the People and safety to himself which being perform'd and sign'd with his one hand his Friend after shewing it to several of the Courtiers found they did not approve a Scheme that was not likely to further their selfish Designs At last he put his Paper into the hands of a great Minister about the King and how well our Author was rewarded for his good Intentions we are now going to relate About this time he was busy in reducing his Politics into short and easy Aphorisms yet methodically digested in their natural order and suted to the most vulgar capacitys Of this he made no secret and freely communicated his Papers to all that visited him While he was putting the last hand to this System and as an innocent man apprehensive of no danger he was by an Order from the King on the 28 th of December 1661 seiz'd by Sir WILLIAM POULTNEY and others and committed to the Tower of London for treasonable Designs and Practices He had the written sheets of his Aphorisms then lying loose on the table before him and understanding they intended to carry 'em to the Council he beg'd the favor that he might stitch 'em together which was granted and so remov'd with som other Papers to Whitehall I have that Manuscript now in my hands and another Copy of the same which was given me by one of his acquaintance from both which I have printed it among the rest of his Works It is a complete System of Politics and discovers the true Springs of the rise temper and dissolution of all sorts of Governments in a very brief and perspicuous manner 32. HE had no time given him to take leave of any body but was straight convey'd to the Tower where none were allow'd to com to his sight or speech His Sisters were inconsolable and the more so the less they knew what was laid to their Brother's charge One of them who on another occasion had experienc'd the King's favor threw her self now at his feet and petition'd him to have compassion on her Brother who thro a great mistake was fallen under his Majesty's displeasure for as she was sure that none of his Subjects exceded his Loyalty so his Majesty might see he was not the man they design'd since the Warrant was for Sir JAMES HARRINGTON wheras her Brother was never honor'd with such a Title by his Majesty's Ancestors and he would not have accepted it from OLIVER To this the King made answer that tho they might be mistaken in his Title he doubted he might be found more guilty of the Crimes alleg'd against him than he wish'd any Brother of hers to be Then she press'd he might be examin'd before his Majesty or be brought to a speedy trial Shortly after my Lord LAUDERDALE Sir GEORGE CARTERET and Sir EDWARD WALKER were sent to the Tower to question him about a Plot which they said he had contriv'd against his Majesty's Person and Government At this he was extraordinarily reviv'd not being able to divine before the cause of his Confinement and knowing himself wholly innocent of this Charge He found means to transmit a Copy of his Examination to his Sisters giving 'em leave to publish it which was never hitherto don and is as follows 33. THE Examination of JAMES HARRINGTON taken in the Tower of London by the Earl of LAUDERDALE Sir GEORGE CARTERET and Sir EDWARD WALKER LORD LAUDERDALE Sir I have heretofore accounted it an honor to be your Kinsman but am now sorry to see you upon this occasion very sorry I assure you HARRINGTON My Lord seeing this is an occasion I am glad to see you upon this occasion Which said the Commissioners sat down and Mr. HARRINGTON standing before my Lord he began in this manner Lord. SIR the King thinks it strange that you who have so eminently appear'd in Principles contrary to his Majesty's Government and the Laws of this Nation should ever since he came over live so quiet and unmolested and yet should be so ungrateful Were you disturb'd were you so much as affronted that you should enter into such desperat practices Har. MY Lord when I know why this is said I shall know what to say Lord. WELL then without any longer preamble will you answer me ingenuously and as you are a Gentleman to what I have to propose Har. MY Lord I value the asseveration as I am a Gentleman as high as any man but think it an asseveration too low upon this occasion wherfore with your leave I shall make use of som greater asseveration Lord. FOR that do as you see good do you know Mr. WILDMAN Har. MY Lord I have som acquaintance with him Lord. WHEN did you see him Har. MY Lord he and I have not bin in one house together these two years Lord. WILL you say so Har. YES my Lord. Lord. WHERE did you see him last Har. ABOUT a year ago I met him in a street that gos to Drury-lane Lord. DID you go into no house Har. NO my Lord. Sir G. Carteret THAT 's strange Lord. COM this will do you no good Had not you in March last meetings with him in Bowstreet in Coventgarden where there were about twenty more of you where you made a Speech about half an hour long that they should lay by distinguishing Names and betake themselves together into one Work which was to dissolve this Parlament and bring in a new one or the old one again Was not this meeting adjourn'd from thence to the Mill Bank were not you there also Har. MY Lord you may think if these things be true I have no refuge but to the mercy of God and of the King Lord. TRUE Har. WELL then my Lord solemnly and deliberatly with my 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 strange Lord. DO you know BAREBONES Har. YES my Lord. Lord. WHEN did you see him Har. I THINK that I have call'd at his house or shop thrice in my life Lord. HAD you never any meetings with him since the King came over Har. NO my Lord. Sir G. C. THIS is strange Lord. DO you know Mr. NEVIL Har. VERY well my Lord. Lord. WHEN did you see him Har. MY Lord I seldom us'd to visit him but when he was in Town he us'd to see me at my house every evening as duly almost as the day went over his head Lord. WERE you not with him at som public meeting Har. MY Lord the publickest meeting I have bin with him at was at dinner at his own lodging where I met Sir BERNARD GASCOIN and I think Col. LEG Sir Edw. Walker THEY were good
safe company Lord. WHAT time was it Har. IN Venison time I am sure for we had a good Venison pasty Lord. DO you know one PORTMAN Har. NO my Lord I never heard of his name before Sir G. C. THIS is strange Lord. COM deal ingenuously you had better confess the things Har. MY Lord you do not look upon me for I saw he did not firmly I pray look upon me Do you not know an innocent face from a guilty one com you do my Lord every one dos My Lord you are great Men you com from the King you are the Messengers of Death Lord. IS that a small matter at which my Lord gave a shrug Har. IF I be a Malefactor I am no old Malefactor why am not I pale why do not I tremble why dos not my tongue falter why have you not taken me tripping My Lord these are unavoidable symtoms of guilt Do you find any such thing in me Lord. NO which he spoke with a kind of amazement and then added I have said all that I think I have to say Har. MY Lord but I have not Lord. COM then Har. THIS plainly is a practice a wicked practice a practice for innocent Blood and as weak a one as it is wicked Ah my Lord if you had taken half the pains to examin the Guilty that you have don to examin the Innocent you had found it it could not have escap'd you Now my Lord consider if this be a practice what kind of persons you are that are thus far made instrumental in the hands of wicked men Nay whither will wickedness go Is not the King's Authority which should be sacred made instrumental My Lord for your own sake the King's sake for the Lord's sake let such Villanys be found out and punish'd At this my Lord LAUDERDALE as was thought somwhat out of countenance rose up and fumbling with his hand upon the Table said Lord. WHY if it be as you say they deserve punishment enough but otherwise look it will com severely upon you Har. MY Lord I accepted of that condition before Lord. COM Mr. Vice-Chamberlain it is late Har. MY Lord now if I might I could answer the Preamble Lord. COM say and so he sat down again Har. MY Lord in the Preamble you charge me with being eminent in Principles contrary to the King's Government and the Laws of this Nation Som my Lord have aggravated this saying that I being a privat man have bin so mad as to meddle with Politics what had a privat man to do with Government My Lord there is not any public Person not any Magistrat that has written in the Politics worth a button All they that have bin excellent in this way have bin privat men as privat men my Lord as my self There is PLATO there is ARISTOTLE there is LIVY there is MACCHIAVEL My Lord I can sum up ARISTOTLE'S Politics in a very few words he says there is the barbarous Monarchy such a one where the People have no Votes in making the Laws he says there is the Heroic Monarchy such a one where the People have their Votes in making the Laws and then he says there is Democracy and affirms that a man cannot be said to have Liberty but in a Democracy only MY Lord LAUDERDALE who thus far had bin very attentive at this shew'd som impatience Har. I SAY ARISTOTLE says so I have not said so much And under what Prince was it Was it not under ALEXANDER the greatest Prince then in the World I beseech you my Lord did ALEXANDER hang up ARISTOTLE did he molest him LIVY for a Commonwealth is one of the fullest Authors did not he write under AUGUSTUS CAESAR did CAESAR hang up LIVY did he molest him MACCHIAVEL what a Commonwealthsman was he but he wrote under the Medici when they were Princes in Florence did they hang up MACCHIAVEL or did they molest him I have don no otherwise than as the greatest Politicians the King will do no otherwise than as the greatest Princes But my Lord these Authors had not that to say for themselves that I have I did not write under a Prince I wrote under a Usurper OLIVER He having started up into the Throne his Officers as pretending to be for a Commonwealth kept a murmuring at which he told them that he knew not what they meant nor themselves but let any of them shew him what they meant by a Commonwealth or that there was any such thing they should see that he sought not himself the Lord knew he sought not himself but to make good the Cause Upon this som sober men came to me and told me if any man in England could shew what a Commonwealth was it was my self Upon this persuasion I wrote and after I had written OLIVER never answer'd his Officers as he had don before therfore I wrote not against the King's Government And for the Law if the Law could have punish'd me OLIVER had don it therfore my Writing was not obnoxious to the Law After OLIVER the Parlament said they were a Commonwealth I said they were not and prov'd it insomuch that the Parlament accounted me a Cavalier and one that had no other design in my writing than to bring in the King and now the King first of any man makes me a Roundhead Lord. THESE things are out of doors if you be no Plotter the King dos not reflect upon your Writings AND so rising up they went out my Lord being at the head of the stairs I said to him My Lord there is one thing more you tax me with Ingratitude to the King who had suffer'd me to live undisturb'd truly my Lord had I bin taken right by the King it had by this Example already given bin no more than my due But I know well enough I have bin mistaken by the King the King therfore taking me for no Friend and yet using me not as an Enemy is such a thing as I have mention'd to all I have convers'd with as a high Character of Ingenuity and Honor in the King's Nature Lord. I AM glad you have had a sense of it and so went down Har. MY Lord it is my duty to wait on you no farther 34. NOTWITHSTANDING the apparent Innocence of our Author he was still detain'd a close Prisoner and Chancellor HIDE at a Conference of the Lords and Commons charg'd him with being concern'd in a Plot wherof one and thirty persons were the chief mâ—nagers after this manner That they met in Bowstreet Coventgarden in St. Mâ—rtins le grand at the Mill Bank and in other places and that they were of seven different Partys or Interests as three for the Commonwealth three for the Long Parlament three for the City three for the Purchasers three for the Disbanded Army three for the Independents and three for the Fifthmonarchy men That their first Consideration was how to agree on the choice of Parlamentmen against the insuing Session and that a special care
part of the profits of certain Citys Boroughs or other places within his Earldom For an example of the possessions of Earls in antient times ETHELRED had to him and his Heirs the whole Kingdom of Mercia containing three or four Countys and there were others that had little less Kings Thane KINGS Thane was also an honorary Title to which he was qualify'd that had five Hides of Land held immediatly of the King by service of personal attendance insomuch that if a Churl or Countryman had thriven to this proportion having a Church a Kitchin a Belhouse that is a Hall with a Bell in it to call his Family to dinner a Boroughgate with a seat that is a Porch of his own and any distinct Office in the Kings Court then was he the Kings Thane But the proportion of a Hide Land otherwise call'd Caruca or a Plow Land is difficult to be understood because it was not certain nevertheless it is generally conceiv'd to be so much as may be manag'd with one Plow and would yield the maintenance of the same with the appurtenances in all kinds Middle Thane THE Middle Thane was feudal but not honorary he was also call'd a Vavasor and his Lands a Vavasory which held of som Mesn Lord and not immediatly of the King POSSESSIONS and their Tenures being of this nature shew the Balance of the Teuton Monarchy wherin the Riches of Earls were so vast that to arise from the Balance of their Dominion to their Power they were not only call'd Reguli or little Kings but were such indeed their Jurisdiction being of two sorts either that which was exercis'd by them in the Court of their Countys or in the High Court of the Kingdom Shiremoot IN the Territory denominating an Earl if it were all his own the Courts held and the Profits of that Jurisdiction were to his own use and benefit But if he had but som part of his County then his Jurisdiction and Courts saving perhaps in those possessions that were his own were held by him to the King's use and benefit that is he commonly supply'd the Office which the Sheriffs regularly executed in Countys that had no Earls and whence they came to be call'd Viscounts Viscounts The Court of the County that had an Earl was held by the Earl and the Bishop of the Diocess after the manner of the Sheriffs Turns to this day by which means both the Ecclesiastical and Temporal Laws were given in charge together to the Country The Causes of Vavasors or Vavasorys appertain'd to the cognizance of this Court where Wills were prov'd Judgment and Execution given Cases criminal and civil determin'd Halymoot THE Kings Thanes had the like Jurisdiction in their Thane Lands as Lords in their Manors where they also kept Courts BESIDES these in particular both the Earls and Kings Thanes together with the Bishops Abbots and Vavasors or Middle Thanes had in the High Court or Parlament of the Kingdom a more public Weidenagemoots Jurisdiction consisting First of deliberative Power for advising upon and assenting to new Laws Secondly of giving counsil in matters of State and Thirdly of Judicature upon Suits and Complaints I shall not omit to inlighten the obscurity of these times in which there is little to be found of a methodical Constitution of this High Court by the addition of an Argument which I conceive to bear a strong testimony to it self tho taken out of a late Writing that conceals the Author It is well known says he that in every quarter of the Realm a great many Boroughs do yet send Burgesses to the Parlament which nevertheless be so antiently and so long since decay'd and gon to nought that they cannot be shew'd to have bin of any Reputation since the Conquest much less to have obtain'd any such Privilege by the grant of any succeding King wherfore these must have had this right by more antient usage and before the Conquest they being inable now to shew whence they deriv'd it THIS Argument tho there be more I shall pitch upon as sufficient to prove First that the lower sort of the People had right to Session in Parlament during the time of the Teutons Secondly that they were qualify'd to the same by election in their Boroughs and if Knights of the Shire as no doubt they are be as antient in the Countrys Thirdly If it be a good Argument to say that the Commons during the reign of the Teutons were elected into Parlament because they are so now and no man can shew when this custom began I see not which way it should be an ill one to say that the Commons during the reign of the Teutons constituted also a distinct House because they do so now unless any man can shew that they did ever sit in the same House with the Lords Wherfore to conclude this part I conceive for these and other reasons to be mention'd hereafter that the Parlament of the Teutons consisted of the King the Lords Spiritual and Temporal and the Commons of the Nation notwithstanding 25 Edw. 3. c. 1. the stile of divers Acts of Parliament which runs as that of Magna Charta in the Kings name only seeing the same was nevertheless enacted by the King Peers and Commons of the Land as is testify'd in those words by a subsequent Act. Monarchy of the Neusâ—rians THE Monarchy of the Teutons had stood in this posture about two hundred and twenty years when TURBO Duke of Neustria making his claim to the Crown of one of their Kings that dy'd childless follow'd it with successful Arms and being possest of the Kingdom us'd it as conquer'd distributing the Earldoms Thane Lands Bishoprics and Prelacys of the whole Realm among his Neustrians From this time the Earl came to be call'd Comes Consul and Dux tho Consul and Dux grew afterward out of use the Kings Thanes came to be call'd Barons and their Lands Baronys the Middle Thane holding still of a mean Lord retain'd the name of Vavasor Their 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 distinct Officer in every County depending upon the King saving that such Earls as had their Countys to their own use were now Counts Palatin and had under the King Regal Jurisdiction insomuch that they constituted their own Sheriffs granted Pardons and issu'd Writs in their own names nor did the Kings Writ of ordinary Justice run in their 27 11. 8. Dominions till a late Statute wherby much of this privilege was taken away Their Barons FOR Barons they came from henceforth to be in different times of three kinds Barons by their Estates and Tenures Barons by Writ and Barons created by Letters Patents From TURBO the first to ADOXUS the seventh King from the Conquest Barons had their denomination from their Possessions and Tenures And these were either
to the Lord to Mizpeh The political Assembly or Congregation of the People Book II of Israel was call'd Ecclesia Dei the Congregation of the Lord as it Judg. 20. Deut. 23. ought to have bin exprest in the Trial of BENJAMIN and is in som places by our Translation as where an Eunuch or one unfit for marriage with a Daughter of Israel which capacity was necessary to the being inrol'd of a Tribe a Bastard as dishonorable an Ammonite or Moabite as descended of perfidious Nations shall not enter into the Congregation of the Lord that is shall not have right of suffrage with the People of Israel So SAMUEL by calling For the Assembly of the Congregation at Mizpeh see Judg. 10. 17. 11. 11. 20. 1. 21. 1. 1 Sam. 7. 6 16. the Congregation of the Lord or the People together to the Lord in Mizpeh the place before the taking of Jerusalem where they always held their Parlaments or political Assemblys did the office of the like Magistrats in Commonwealths The People being thus assembl'd for to be brief I must procede with conjectures which at first sight will seem bolder than really they are SAMUEL causing the Urns to be set forth pronounc'd the solemn form of words in use upon the like 1 Sam. 10. 19. occasion which were these Present your selves before the Lord by your The Military Order of Political Congregations in Israel see Chap. 3. Tribes and by your thousands The political Assemblys of the Children of Israel were held or gather'd as we say with Drums beating and Colors flying and if it were an extraordinary Congregation that is a Congregation consisting of the whole People as this and that for the trial of BENJAMIN the Princes of the Tribes with their Staves and the Standards of the Camp in the order shewn led up the People to the Urns or Ballot Wherfore upon these words of SAMUEL the Princes march'd in their known disciplin to the Urns. The Urns were two in the one were twelve Lots inscrib'd with the names of the twelve Tribes in the other were also twelve other Lots wherof eleven were Blanks and the twelfth inscrib'd with som word What the Israelitish word was dos not appear the Roman word upon the like occasion was Prerogative wherfore seeing that which is lost must have bin of a like nature we may for discourse sake presume it to have bin the same in Israel V. 20. The Prerogative Tribe as in Rome And when SAMUEL had caus'd all the Tribes of Israel to com near the Tribe of 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 chang'd or at least the Lots And wheras in the enumeration of the Patriarchs I shew'd by a catalog of their Names that the whole Tribe of BENJAMIN consisted of seven Familys seven names by that account should have bin cast into the one Urn and as many Lots into the other one of them being inscrib'd with the word Prerogative and the other six being Blanks But both the names and the number of Familys at this Ballot are most likely to have bin quite otherwise than in the Judg. 20. 2. Catalog because since that time the Tribe of BENJAMIN had in the far greater part bin destroy'd and piec'd up again out of a Remnant so for the number of the Familys or the names of them I can say nothing But the Urns being thus prepar'd came BENJAMIN as now the Prerogative Tribe to the Urns by Familys And when SAMUEL had caus'd the Tribe of BENJAMIN to com near by their Familys the Family of MATRI which is a new one was taken that is lighting in the manner shewn upon the Prize became the Prerogative Family This don the Lots were again chang'd and so many others as there were Housholds in the Family of MATRI for Jâ—â—â— 7. 14 16 17 18. so you will find it in the trial of ACHAN were cast into the Urns. Thus the Houshold of KISH coming to be the Prerogative Houshold Chap. 1 and so many Lots as there were men of that Houshold being cast into the Urns wherof the Prize was inscrib'd King came the Houshold of KISH man by man and SAUL the Son of KISH was taken That miraculous designation of Magistats in a Common-wealth was never understood to exclude the free Suffrage of the People in their Election WE find it recorded by LIVY of TARQUINIUS PRISCUS Sect. 8 and of SERVIUS TULLIUS that before either of them was King the one had his hat taken off and carry'd up by an Eagle the other had a flame resting upon his forehead by which it was firmly believ'd that each of them was design'd of the Gods to be King yet was this never so understood by themselves or any other as to exclude the right of popular Suffrage in their Election by which PRISCUS reign'd or to create an opinion that any man ought to be King of Rome whom the People had not first commanded to reign over them to whose Election therfore SERVIUS tho in possession of the Throne thought it his best way to refer himself 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 Israel and the Heathens began their popular Assemblys with Sacrifice In order to the election of SOLOMON the Representative of Israel 1 Chron. 29. 21 22. sacrific'd Sacrifices to the Lord even a thousand Bullocks a thousand Rams and a thousand Lambs with their Drink-offerings and Sacrifices in abundance for all Israel And when they had thus don what Magistrats soever the Israelits or the Heathens elected they always understood to be elected by God The Lot is cast into the lap but the Prov. 10. 33. whole disposing therof is of the Lord. And indeed wheras in this manner they made SOLOMON King and ZADOC to be Priest if we will hold otherwise we must think that neither the King nor the Priest was elected by God A man that is elected to som great Office by a King rightly qualify'd must have little Religion or hold himself to be rais'd up by God Why then should it be otherwise when a Magistrat is elected by a People rightly qualify'd Or what consequence is there in saying that SAUL was anointed by SAMUEL before he was elected by the People or that God rais'd them up Judges therfore neither SAUL nor the Judges were elected by the People That God elected the Kings in Israel is certain and that the People no less for that did also elect the Kings is as certain One from among thy Brethren shalt thou that is thou the People of Israel Deut. 17. 15. set King over thee That God rais'd up Judges in Israel is certain and that the People no less for that did also elect the Judges is
Ambition promted were equally capable of Magistracy Citys of Refuge Num. 35. OF the Levitical Citys three beyond and three on this side Jordan Sect. 14 were Citys of Refuge If a man was slain the next of kindred by the Laws of Israel was the Avenger of Blood and to the Avenger of Blood it was lawful to slay him that slew his Kinsman wherever he could find him except only in a City of Refuge For this cause if a man had slain another he fled immediatly to one of these Sanctuarys whence nevertheless the Judges in the Gates within whose proper verge the Crime was committed caus'd the Malefactor to be brought before them by a Guard and judg'd between the Slayer and the Avenger of Blood If that which we call Murder or Manslaughter was prov'd against him by two Witnesses he was put to death but if it was found as we say Chancemedly he was remanded with a Guard to the City of Refuge whence if before the Death of the High Priest he was found wandring it was lawful not only for the Avenger of Blood but for any man else to slay him The High Priest being dead he return'd not home only but to his Inheritance also with liberty and safety If a Priest had slain a man his Refuge was the Sanctuary whence nevertheless he was taken by the Sanhedrim and if upon trial he was found guilty of wilful Murder put to death If a man coms presumtuously upon his Neighbor to slay Exod. 21. 14. him with guile thou shalt take him from my Altar that he may dy The Jubile INHERITANCES being thus introduc'd by the Lot were immovably Sect. 15 intail'd on the Proprietors and their Heirs for ever by the institution of the Jubile or the return of Lands however sold or ingag'd once in fifty years to the antient Proprietor or his lawful Heir Yet remain'd there two ways wherby Lots might be accumulated the one by casual Inheritance the other by marriage with an Heiress as in the case Num. 36. of ZELOPHEDAD or of his Daughters NOW to bring the whole result of these historical parts thus prov'd Sect. 16 to the true Political Method or Form the Commonwealth instituted by MOSES was according to this Model The Model of the Common-wealth of Israel THE whole People of Israel thro a popular distribution of the Land of Canaan among themselves by lot and the fixation of such a popular Balance by their Agrarian Law or Jubile intailing the inheritance of each Proprietor upon his Heirs for ever was locally divided into twelve Tribes Book II EVERY Tribe had a double capacity the one Military the other Civil A TRIBE in its Military capacity consisted of one Staff or Standard of the Camp under the leading of its distinct and hereditary Prince as Commander in chief and of its Princes of Familys or chief Fathers as Captains of thousands and Captains of hundreds A TRIBE in its Political capacity was next and immediatly under the government of certain Judicatorys sitting in the Gates of its Citys each of which consisted of twenty three Elders elected for life by free suffrage THE Soverain Power and common Ligament of the twelve Tribes was the Sanhedrim of Israel and the Ecclesia Dei or Congregation of the Lord. THE Sanhedrim was a Senat consisting of seventy Elders for life so instituted by the free Election of six Competitors in and by each Tribe every Elder or Senator of the Sanhedrim being taken out of this number of Competitors by the Lot THE Congregation of the Lord was a Representative of the People of Israel consisting of twenty four thousand for the term of one month and perpetuated by the monthly Election of two thousand Deputys of the People in each Tribe THE Sanhedrim upon a Law made was a standing Judicatory of Appeal from the Courts in the Gates throout the Tribes and upon a Law to be made whatever was propos'd by the Sanhedrim and resolv'd in the affirmative by the Congregation of the Lord was an Act of the Parlament of Israel Deut. 4. 5 6. OF this Frame says MOSES to the People as well he might Behold I have taught you Statutes and Judgments even as the Lord my God commanded me that ye should do so in the Land whither you go to possess it Keep therfore and do them for this is your Wisdom and your Vnderstanding in the sight of the Nations which shall hear all these Statutes and say Surely this great Nation is a wise and understanding People In another place upon the Peoples observing this form he pronounces all the choicest Blessings and in case of violation of the same a long enumeration of most dreadful Curses among which he Deut. â—8 36. has this The Lord shall bring thee and thy King which thou shalt set over thâ—e to a Nation which neither thou nor thy Fathers have known and there shalt thou serve other Gods Wood and Stone In which words first he charges the King upon the People as a Creature of their own and next opposes his Form pointblank to Monarchy as is farther apparent in the whole Antithesis running throout that Chapter To the neglect of these Orders may be apply'd those words of DAVID I have said that ye are Gods but ye shall dy like Men and fall like one of the Princes But this Government can with no countenance of Reason or testimony of Story give any man ground to argue from the Frame thus instituted by MOSES that a Commonwealth rightly order'd and establish'd may by any internal cause arising from such Orders be broken or dissolv'd it being most apparent that this was never establish'd in any such part as could possibly be holding MOSES dy'd in the Wilderness and tho JOSHUA bringing the People into the promis'd Land did what he could during his Life towards the establishment of the Form design'd by MOSES yet the hands of the Peopl e specially after the death of JOSHUA grew slack and they Chap. 3 rooted not out the Canaanits which they were so often commanded to do and without which it was impossible their Commonwealth should take any root Nevertheless settled as it could be it was in som parts longer liv'd than any other Government has yet bin as having continu'd in som sort from MOSES to the dispersion of the Jews in the Reign of the Emperor ADRIAN being about one thousand seven hundred years But that it was never establish'd according to the necessity of the Form or the true intent of MOSES is that which must be made farther apparent throout the sequel of the present Book and first in the state of the Israelits under their Judges CHAP. III. Shewing the Anarchy or State of the Israelits under their Judges A full Description of the Representative of the People of Israel 1 Chr. 27. THE Frame of that which I take to have bin the ordinary Congregation Sect. 1 or Representative of the People of Israel is not perfectly
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
THE OCEANA OF James Harrington AND HIS OTHER WORKS Som wherof are now first publish'd from his own MANUSCRIPTS The whole Collected Methodiz'd and Review'd WITH An Exact Account of his LIFE Prefix'd By JOHN TOLAND RESPUBLICA Res est Populi cum benè ac justè geritur sive ab uno Rege sive a paucis Optimatibus sive ab universo Populo Cum vero injustus est Rex quem Tyrannum voco aut injusti Optimates quorum Consensus Factio est aut injustus ipse Populus cui nomen usitatum nullum reperio nisi ut ipsum Tyrannum appellem non jam vitiosa sed omnino nulla Respublica est quoniam non RES est POPULI cum Tyrannus eam Factióve capessat nec ipse Populus jam Populus est si sit injustus quoniam non est Multitudo Juris consensu Utilitatis communione sociata Fragmentum Ciceronis ex lib. 3. de Republica apud Augustin de Civ Dei l. 2. c. 21. LONDON Printed and are to be sold by the Booksellers of London and Westminster M. DCC MOSES SOLON CONFUCIUS LYCURGUS NUMA L. IVNIVS BRVTVS GVLIELMVS III. Commercio Opificio M. DCC I. TOLANDVS LIBERTATI SACRAVIT M. â—ander â—ucht Scul TO THE LORD MAYOR ALDERMEN SHERIFS AND COMMON COUNCIL OF LONDON IT is not better known to you most worthy Magistrats that Government is the preserving Cause of all Societys than that every Society is in a languishing or flourishing condition answerable to the particular Constitution of its Government And if the Goodness of the Laws in any place be thus distinguishable by the Happiness of the People so the Wisdom of the People is best discern'd by the Laws they have made or by which they have chosen to be govern'd The truth of these Observations is no where more conspicuous than in the present State of that most Antient and Famous Society you have the honor to rule and which reciprocally injoys the chearful influence of your Administration 'T is solely to its Government that London ows being universally acknowleg'd the largest fairest richest and most populous City in the World all which glorious Attributes could have no Foundation in History or Nature if it were not likewise the most free 'T is confest indeed that it derives infinit Advantages above other places from its incomparable Situation as being an inland City seated in the middle of a Vale no less delicious than healthy and on the Banks of a Noble River in respect of which if we regard how many score miles it is navigable the clearness and depth of its Channel or its smooth and even Course the Seine is but a Brook and the celebrated Tyber it self a Rivulet Yet all this could never raise it to any considerable pitch without the inestimable Blessings of LIBERTY which has chosen her peculiar Residence and more eminently fixt her Throne in this place LIBERTY is the true Spring of its prodigious Trade and Commerce with all the known parts of the Universe and is the original Planter of its many fruitful Colonys in America with its numberless Factorys in Europe Asia and Africa hence it is that every Sea is cover'd with our Ships that the very Air is scarce exemted from our Inventions and that all the Productions of Art or Nature are imported to this common Storehouse of Mankind or rather as if the whole Variety of things wherwith the Earth is stockt had bin principally design'd for our profit or delight and no more of 'em allow'd to the rest of Men than what they must necessarily use as our Purveyors or Laborers As LIBERTY has elevated the native Citizens of London to so high a degree of Riches and Politeness that for their stately Houses fine Equipages and sumtuous Tables they excede the Port of som Foren Princes so is it naturally becom every Man's Country and the happy Refuge of those in all Nations who prefer the secure injoyment of Life and Property to the glittering pomp and slavery as well as to the arbitrary lust and rapine of their several Tyrants To the same Cause is owing the Splendor and Magnificence of the public Structures as Palaces Temples Halls Colleges Hospitals Schools Courts of Judicature and a great many others of all kinds which tho singly excel'd where the Wealth or State of any Town cannot reach further than one Building yet taking them all together they are to be equal'd no where besides The delicat Country Seats and the large Villages crouded on all hands around it are manifest Indications how happily the Citizens live and makes a Stranger apt to believe himself in the City before he approaches it by som miles Nor is it to the felicity of the present times that London is only indebted for in all Ages and under all Changes it ever shew'd a most passionat love of LIBERTY which it has not more bravely preserv'd than wisely manag'd infusing the same Genius into all quarters of the Land which are influenc'd from hence as the several parts of the Animal Body are duly supply'd with Blood and Nourishment from the Heart Whenever therfore the execrable design was hatcht to inslave the Inhabitants of this Country the first Attemts were still made on the Government of the City as there also the strongest and most succesful Efforts were first us'd to restore Freedom for we may remember to name one instance for all when the late King was fled and every thing in confusion that then the chief Nobility and Gentry resorted to Guildhall for protection and to concert proper methods for settling the Nation hereafter on a Basis of Liberty never to be shaken But what greater Demonstration can the World require concerning the Excellency of our National Government or the particular Power and Freedom of this City than the BANK of England which like the Temple of SATURN among the Romans is esteem'd so sacred a Repository that even Foreners think their Treasure more safely lodg'd there than with themselves at home and this not only don by the Subjects of Absolute Princes where there can be no room for any Public Credit but likewise by the Inhabitants of those Commonwealths where alone such Banks were hitherto reputed secure I am the more willing to make this Remark because the Constitution of our Bank is both preferable to that of all others and coms the nearest of any Government to HARRINGTON'S Model In this respect a particular Commendation is due to the City which produc'd such Persons to whose Wisdom we ow so beneficial an Establishment and therfore from my own small observation on Men or Things I fear not to prophesy that before the term of years be expir'd to which the Bank is now limited the desires of all people will gladly concur to have it render'd perpetual Neither is it one of the last things on which you ought to value your selves most worthy Citizens that there is scarce a way of honoring the Deity known any where but is either already
Authors 'T is incredible to think what gross and numberless Errors were committed by all the Writers before him even by the best of them for want of understanding this plain Truth which is the foundation of all Politics He no sooner discours'd publicly of this new Doctrin being a man of universal acquaintance but it ingag'd all sorts of people to busy themselves about it as they were variously affected Som because they understood him despis'd it alleging it was plain to every man's capacity as if his highest merit did not consist in making it so Others and those in number the fewest disputed with him about it merely to be better inform'd with which he was well pleas'd as reckoning a pertinent Objection of greater advantage to the discovery of Truth which was his aim than a complaisant applause or approbation But a third sort of which there never wants in all places a numerous company did out of pure envy strive all they could to lessen or defame him and one of 'em since they could not find any precedent Writer out of whose Works they might make him a Plagiary did indeavor after a very singular manner to rob him of the Glory of this Invention for our Author having friendly lent him a part of his Papers he publish'd a small piece to the same purpose intitl'd A Letter from an Officer of the Army in Ireland c. Major WILDMAN was then reputed the Author by som and HENRY NEVIL by others which latter by reason of this thing and his great intimacy with HARRINGTON was by his detractors reported to be the Author of his Works or that at least he had a principal hand in the composing of them Notwithstanding which provocations so true was he to the Friendship he profest to NEVIL and WILDMAM that he avoided all harsh Expressions or public Censures on this occasion contenting himself with the Justice which the World was soon oblig'd to yield to him by reason of his other Writings where no such clubbing of Brains could be reasonably suspected 13. BUT the publication of his Book met with greater difficultys from the opposition of the several Partys then set against one another and all against him but none more than som of those who pretended to be for a Commonwealth which was the specious name under which they cover'd the rankest Tyranny of OLIVER CROMWEL while HARRINGTON like PAUL at Athens indeavor'd to make known to the People what they ignorantly ador'd By shewing that a Commonwealth was a Government of Laws and not of the Sword he could not but detect the violent administration of the Protector by his Bashaws Intendants or Majors General which created him no small danger while the Cavaliers on the other side tax'd him with Ingratitude to the memory of the late King and prefer'd the Monarchy even of a Usurper to the best order'd Commonwealth To these he answer'd that it was enough for him to forbear publishing his Sentiments during that King's life but the Monarchy being now quite dissolv'd and the Nation in a state of Anarchy or what was worse groaning under a horrid Usurpation he was not only at liberty but even oblig'd as a good Citizen to offer a helping hand to his Countrymen and to shew 'em such a Model of Government as he thought most conducing to their Tranquillity Wealth and Power That the Cavaliers ought of all People to be best pleas'd with him since if his Model succeded they were sure to injoy equal Privileges with others and so be deliver'd from their present Oppression for in a well constituted Commonwealth there can be no distinction of Partys the passage to Preferment is open to Merit in all persons and no honest man can be uneasy but that if the Prince should happen to be restor'd his Doctrin of the Balance would be a light to shew him what and with whom he had to do and so either to mend or avoid the Miscarriages of his Father since all that is said of this doctrin may as well be accommodated to a Monarchy regulated by Laws as to a Democracy or more popular form of a Commonwealth He us'd to add on such occasions another reason of writing this Model which was That if it should ever be the fate of this Nation to be like Italy of old overrun by any barbarous People or to have its Government and Records destroy'd by the rage of som merciless Conqueror they might not be then left to their own Invention in framing a new Government for few People can be expected to succede so happily as the Venetians have don in such a case 14. IN the mean time it was known to som of the Courtiers that the Book was a printing wherupon after hunting it from one Press to another they seiz'd their Prey at last and convey'd it to Whitehall All the sollicitations he could make were not able to retrieve his Papers till he remember'd that OLIVER'S favorit Daughter the Lady CLAYPOLE acted the part of a Princess very naturally obliging all persons with her civility and frequently interceding for the unhappy To this Lady tho an absolute stranger to him he thought fit to make his application and being led into her Antichamber he sent in his Name with his humble request that she would admit him to her presence While he attended som of her Women coming into the room were follow'd by her little Daughter about three years old who staid behind them He entertain'd the Child so divertingly that she suffer'd him to take her up in his arms till her Mother came wherupon he stepping towards her and setting the Child down at her feet said Madam 't is well you are com at this nick of time or I had certainly stollen this pretty little Lady Stollen her reply'd the Mother pray what to do with her for she is yet too young to becom your Mistress Madam said he tho her Charms assure her of a more considerable Conquest yet I must confess it is not love but revenge that promted me to commit this theft Lord answer'd the Lady again what injury have I don you that you should steal my Child None at all reply'd he but that you might be induc'd to prevail with your Father to do me justice by restoring my Child that he has stollen But she urging it was impossible because her Father had Children enough of his own he told her at last it was the issue of his brain which was misrepresented to the Protector and taken out of the Press by his order She immediatly promis'd to procure it for him if it contain'd nothing prejudicial to her Father's Government and he assur'd her it was only a kind of a Political Romance so far from any Treason against her Father that he hop'd she would acquaint him that he design'd to dedicat it to him and promis'd that she her self should be presented with one of the first Copys The Lady was so well pleas'd with his manner of Address that he had
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
years and yet die in peace ALEXANDER his Son succeded famous for little except som Expeditions against our King JOHN som Insurrections and a Reign two years longer than his Father's His Son was the third of that name a Boy of eight years old whose Minority was infested with the turbulent CUMMINS who when he was of age being call'd to account not only refus'd to appear but surpriz'd him at Sterling governing him at their pleasure But soon after he was awak'd by a furious Invasion of ACHO King of Norway under the pretence of som Islands given him by MACBETH whom he forc'd to accept a Peace and spent the latter part amidst the Turbulencys of the Priests drunk at that time with their Wealth and Ease and at last having seen the continu'd Funerals of his Sons DAVID ALEXANDER his Wife and his Daughter he himself with a fall from Horse broke his neck leaving of all his Race only a Grandchild by his Daughter which dy'd soon after THIS Man's Family being extinguish'd they were forc'd to run to another Line which that we may see how happy an expedient immediat Succession is for the Peace of the Kingdom and what Miseries it prevents I shall as briefly and as pertinently as I can set down DAVID Brother to K. WILLIAM had three Daughters MARGARET married to ALLAN Lord of Galloway ISABEL married to ROBERT BRUCE Lord of Annandale and Cleveland ADA married to HENRY HASTINGS Earl of Huntingdon Now ALLAN begot on his Wife DORNADILLA married to JOHN BALIOL afterwards King of Scotland and two other Daughters BRUCE on his Wife got ROBERT BRUCE Earl of Carick having married the Heretrix therof As for HUNTINGDON he desisted his claim The question is whether BALIOL in right of the eldest Daughter or BRUCE being com of the second but a Man should have the Crown he being in the same degree and of the more worthy Sex The Controversy being tost up and down at last was refer'd to EDWARD the First of that name King of England He thinking to fish in these troubled waters stirs up eight other Competitors the more to entangle the business and with twenty four Counsellors half English half Scots and abundance of Lawyers fit enough to perplex the matter so handled the business after cunning delays that at length he secretly tampers with BRUCE who was then conceiv'd to have the better right of the business that if he would acknowlege the Crown of him he would adjudg it for him but he generously answering that he valu'd a Crown at a less rate than for it to put his Country under a foren Yoke He made the same motion to BALIOL who accepted it and so we have a King again by what Right we all see but it is good reason to think that Kings com they by their Power never so unjustly may justly keep it BALIOL having thus got a Crown as unhappily kept it for no sooner was he crown'd and had don homage to EDWARD but the ABERNETHYS having slain MACDUF Earl of Fife he not only pardon'd them but gave them a piece of Land in controversy wherupon MACDUF'S Brother complains against him to EDWARD who makes him rise from his Seat in Parlament and go to the Bar He hereupon enrag'd denies EDWARD assistance against the French and renounces his Homage EDWARD immediatly coms to Berwiâ— takes and kills seven thousand most of the Nobility of Fife and Lowthian and afterwards gave them a great Defeat at Dunbar whose Castle instantly surrender'd After this he march'd to Montrose where BALIOL resign'd himself and Crown all the Nobility giving homage to EDWARD BALIOL is sent Prisoner to London and from thence after a years detention into France While EDWARD was possest of all Scotland one WILLIAM WALLACE arose who being a privat man bestir'd himself in the Calamity of his Country and gave the English several notable foils EDWARD coming again with an Army beat him that was already overcom with Envy and Emulation as well as Power upon which he laid by his Command and never acted more but only in slight Incursions But the English being beaten at Roslin EDWARD coms in again takes Sterling and makes them all render Homage but at length BRUCE seeing all his Promises nothing but smoke enters into League with CUMMIN to get the Kingdom but being betray'd by him to EDWARD he stab'd CUMMIN at Drumfreis and made himself King This man tho he came with disadvantage yet wanted neither Patience Courage nor Conduct so that after he had miserably lurk'd in the Mountains he came down and gathering together som Force gave our EDWARD the Second such 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 last Age and Leprosy brought him to his Grave His Son DAVID a Boy of eight years inherited that which he with so much danger obtain'd and wisdom kept In his Minority he was govern'd by THOMAS RANDOLF Earl of Murray whose severity in punishing was no less dreaded than his Valor had bin honor'd But he soon after dying of poison and EDWARD BALIOL Son of JOHN coming with a Fleet and stâ—engthn'd with the assistance of the English and som Robbers the Governor the Earl of Mar was routed so that BALIOL makes himself King and DAVID was glad to retire into France Amidst these Parties EDWARD the Third backing BALIOL was Scotland miserably torn and the BRUCES in a manner extinguish'd till ROBERT 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 himself So that DAVID after nine years banishment durst return where making frequent Incursions he at length in the fourth year of his return march'd into England and in the Bishoprick of Durham was routed and fled to an obscure Bridg shew'd to this day by the Inhabitants There he was by JOHN COPLAND taken prisoner where he continu'd nine years and in the thirty ninth year of his Reign he dy'd ROBERT his Sisters Son whom he had intended to put by succedes and first brought the STUARTS which at this day are a plague to the Nation into play This man after he was King whether it were Age or Sloth did little but his Lieutenants and the English were perpetually in action He left his Kingdom to JOHN his Bastard Son by the Lady MORE his Concubin whom he marry'd either to legitimat the three Children as the manner was then he had by her or else for old Acquaintance his Wife and her Husband dying much about time This JOHN would be crown'd by the name of ROBERT his own they say being unhappy for Kings a wretched inactive Prince lame and only govern'd by his brother WALTER who having DAVID the Prince upon complaint of som Exorbitancys deliver'd to his care caus'd him to be starv'd upon which the King intending to send
as if Victory had known no other wings than those of her Eagles nor seeing the Goths and Vandals are the Legislators from whom we derive the Government of King Lords and Commons were these when they overcame the Roman Empire a People so cloign'd from the perfection of Government but their Policy was then far better than that of the Emperors which having bin at first founded upon a broken Senat and a few military Colonys was now com to a Cabinet and a mercenary Army The Judgment of all Ages and Writers upon the Policy of the Roman Emperors is in this place worthy and thro the pains already taken by ERASMUS and SLEIDAN easy to be inserted O miserable and deplorable State says ERASMUS the Authority of the Senat the Power of the Law the In his Preface to Suetonius Liberty of the People being trod underfoot to a Prince that got up in this manner the whole World was a Servant while he himself was a Servant to such as no honest man would have indur'd the like Servants in his House the Senat dreaded the Emperor the Emperor dreaded his execrable Militia the Emperor gave Laws to Kings and receiv'd them from his Mercenarys To this is added by SLEIDAN That the condition De quat Imp. of these Princes was so desperat it was a wonderful thing Ambition it self could have the Courage to run such a hazard seeing from CAIUS CAESAR slain in the Senat to CHARLES the Great there had bin above thirty of them murder'd and four that had laid violent hands upon themselves For there was always somthing in them that offended the Soldiery which whether they were good or bad was equally subject to pick Quarrels upon the least occasion rais'd Tumults and dispatch'd even such of them as they had forc'd to accept of that Dignity for example AELIUS PERTINAX But if this be true that of the Goths and Vandals when they subdu'd this Empire must have bin the better Government for so ill as this never was there any except that only of the Kings of Israel which certainly was much worse Those of the Britans and the Gauls were but the dregs of this of Rome when they were overcom by the Saxons and Franks who brought in the Policy of the Goths and Vandals Book I WHEN TAMERLAN overcame BAJAZET the Turkish Policy had not attain'd to that extent of Territory which is plainly necessary to the nature of it nor was the Order of the Janizarys yet instituted The Hollander who under a potent Prince was but a Fisherman with the restitution of the popular Government is becom the better Soldier nor has he bin match'd but by a rising Commonwealth whose Policy you will say was yet worse but then her Balance being that especially which produces men was far better For Vastness for Fruitfulness of Territory for Bodys of Men for Number for Courage Nature never made a Country more potent than Germany yet this Nation antiently the Seminary of Nations has of late years merely thro the defect of her Policy which intending one Commonwealth has made a hundred Monarchys in her Bowels whose cross Interests twist her guts bin the Theater of the saddest Tragedys under the Sun nor is she curable unless som Prince falling to work with the Hammer of War be able totally to destroy the old and forge her a Government intirely new But if this coms to pass neither shall it be said that a well-policy'd Empire was subverted nor by a People so eloign'd from perfection of Government but theirs must be much better than the other Let me be as ridiculous as you will the World is in faece Romuli ripe for great Changes which must com And look to it whether it be Germany Spain France Italy or England that coms first to fix her self upon a firm Foundation of Policy she shall give Law to and be obey'd by the rest There was never so much fighting as of late days to so little purpose Arms except they have a root in Policy are altogether fruitless In the War between the King and the Parlament not the Nation only but the Policy of it was divided and which part of it was upon the better Foundation Consid p. 51. BVT says he Ragusa and San Marino are commended for their upright and equal frame of Government and yet have hardly extended their Dominion beyond the size of a handsom Mannor HAVE Ragusa or San Marino bin conquer'd by the Arms of any Monarch For this I take it is the question tho if they had these being Commonwealths unarm'd it were nothing to the purpose The question of Increase is another point Lacedemon could not increase because her frame was of another nature without ruin yet was she not conquer'd by any Monarch Consid p. 52. COM com says he for all this It is not the perfection of Government but the populousness of a Nation the natural valor of the Inhabitants the abundance of Horses Arms and other things necessary for equipping of an Army assisted with a good military Disciplin that qualify a People for Conquest and where these concur Victory is intail'd upon them Very fine AS if these could concur any otherwise than by virtue of the Policy For example there is no Nation under Heaven more populous Essay 29. than France Yet says Sir FRANCIS BACON If the Gentlemen be too many the Commons will be base and not the hundredth Poll fit for a Helmet as may be seen by comparison of England with France wherof the former tho far less in Territory and Populousness has bin nevertheless the overmatch in regard the middle People in England make good Soldiers which the Peasants in France do not This therfore was from the Policy by which the one has bin the freest and the other the most inslav'd Subject in the World and not from Populousness in Chap. 10 which case France must have bin the Overmatch THE like is observable in the natural valor of the People there being no greater courage of an Infantry than that of the middle People in England wheras the Peasant having none at all is never us'd in Arms. Again France has one of the best Cavalrys in the World which the English never had yet it avail'd her not Victory is more especially intail'd upon Courage and Courage upon Liberty which grows not without a Root planted in the Policy or Foundation of the Government ALEXANDER with a handful of Freemen overcame the greatest abundance of Horses Arms and other things necessary for the equipping of an Army the hugest Armys the most vast and populous Empire in the World and when he had don could not by all these subdue that handful of freer men tho he kill'd CLYTUS with his own hand in the quarrel to the servil Customs of that Empire And that the best military Disciplin deriv'd from the Policy of the Romans I intimated before and have shewn at large in other places BUT the Prevaricator neither minds
that in the strict signification imports laying on of hands and no more but the Jews using to confer their Ordination most commonly by laying on of hands and yet somtimes by word of mouth or by letter the word both as it relates to the custom of the Jewish Commonwealth and Ordination thence transplanted into the Church of CHRIST signifys Ordination confer'd by one man or a few men that is to say by som distinct Order from the People whether with imposition of hands or without it THESE words thus interpreted I shall throout my discourse which else must have run altogether upon the Greec presume as already I have don to take for good English and so procede to the things wherof we are to dispute first by opening the Scene of this Perambulation which will be don best by the help of ERASMUS a man as for his Learning not inferior to any so for his freedom not addicted to Interests or Partys For the remainder then of this Introduction I shall begin with the nineteenth Verse of the eleventh and continue my discourse to the end of the fourteenth Chapter of the Acts interweaving the Text where it is darker with the Paraphrase of that excellent Author for light and his Paraphrase with the Text where it is clearer for brevity in manner following Book II THEY whom the heat of Persecution from the Death of STEPHEN Acts 11. 19. had dispers'd travel'd thro the Citys and Villages as far as Phenice and the adjacent Iland of Cyprus as also thro Antiochia which lies between Phenice and Cilicia preaching the Gospel receiv'd from the Apostles which nevertheless they dar'd not to communicat but to such only as were of the Jewish Nation not out of Envy but a kind of Superstition they believing that to do otherwise were to give the Childrens Bread to Dogs which Christ had forbid BVT som of them that believ'd being of Cyprus and Cyrene when they came to Antioch had the boldness to speak of CHRIST to the Greecs preaching the Lord JESUS in which they made such progress thro the Blessing of God upon them and their Labors that a great number of these also believing the Gospel were turn'd to the Lord. The tidings of these things coming to the ears of the Church which was at Jerusalem a man of Apostolical Sincerity BARNABAS the Levite a Cyprian born was sent by the Apostles to take a view of what was don upon the places and if he found it to be according to the will of God to approve of it by authority of the Apostles So great caution in receiving the Gentils to the Gospel was not that the thing was not greatly desir'd by the Apostles but lest it should afterwards be repeal'd or made void by the Jews as don rashly or that the Gentils should rely less upon what was don as conceiving it needed ratification by the Law Wherfore BARNABAS so soon as he came to Antioch and found the Greecs by Faith and without profession of the Law to have receiv'd the same Grace of God with the Jews was very much joy'd that the number of Believers increas'd and exhorted them to remain constant in their Enterprize of adhering to the Lord. For he was a good man and full of the Holy Spirit and of Faith Wherfore thro his ministry it came to pass 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 seek PAUL the fittest helper in this work as chosen by CHRIST to preach his Name to the Gentils and Kings of the Earth For when PAUL fled from Jerusalem the Disciples had conducted him to Cesarea of Phenice whence he went to Tarsus 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 Apostle more peculiarly design'd to this work These two being conversant a whole year in the Church of Antioch which by the confluence both of Jews and Greecs became very numerous so many were added by their preaching that wheras hitherto not exposing the name of CHRIST to envy they had bin call'd Disciples they now began first at Antioch from the name of their Founder to be call'd Christians In these times certain Prophets came from the City of Jerusalem to Antioch wherof one named AGABUS standing up in the Congregation signify'd by inspiration that there should be a great Dearth thro the whole world which came to pass under CLAUDIUS CESAR the Successor of CALIGULA At this time they at Jerusalem partly because they were poor at their conversion to the Gospel partly because they had deposited their Goods in common and partly because they had bin spoil'd by the Priests for their profession of CHRIST ordain'd that by the contribution of such as had wherwithal especially among the believing Gentils Mony should be sent to the relief of the Christians dwelling in Judea but so that this Contribution was not to be forc'd but free and according to every mans ability This Mony thus gather'd was sent by PAUL and BARNABAS to the Elders at Jerusalem to be distributed at their discretion to such as were in need Chap. 1 While PAUL and BARNABAS were thus imploy'd King HEROD the same that beheaded JOHN and returned CHRIST cloth'd thro derision in white to PILAT being griev'd to see this kind of People increase and the Name of JESUS King of the Jews to grow famous in divers Nations became concern'd to root out such a Faction and so spreading wherfore he stretch'd forth his hand to vex certain of the Church kil'd JAMES the Brother of JOHN with the Sword and because he saw it pleas'd the Jews proceded further to take PETER also who being imprison'd was afterward miraculously deliver'd But PAUL and BARNABAS having perform'd the Trust committed to them by the Brethren and deliver'd the Contribution for relief of the Poor to the Apostles return'd from Jerusalem to Antioch taking with them JOHN whose Sirname was MARC NOW the Church of Antioch flourish'd in such manner that she had som fill'd with the gift of Prophecy and others with that of Teaching among whom was BARNABAS and SIMEON alias NIGER together with LUCIAS a Cirenian and MANAEN who had bin brought up with HEROD the Tetrarch whom he left to com to CHRIST but the chief of them was SAUL indow'd with all the Gifts and Graces Apostolical While all these were intent upon the Ministry of the Church imploying their several Gifts to the Glory of God and in his most acceptable Service the Salvation of Souls with fasting and prayer the Holy Ghost being stir'd up by their Zeal signify'd his Will by the Prophets saying Separat me BARNABAS and PAUL for the Work wherto I have call'd them namely to be Doctors of the Gentils that by them I may propagat the Gospel The command of
in Asia the scene of our present Discourse where the same PAUL of whom we are speaking being born at Tarsus a City oâ— Cilicia that had acquir'd like or greater Privilege by the same bounty was also a Citizen of Rome than in Greece Asia is understood in three significations First for the third part of the World answering to Europe and Africa Secondly for that part of Asia which is now call'd Natolia Thirdly for that part of it which ATTALUS King of Pergamum dying without Heirs bequeath'd and left to the People of Rome this contain'd Mysia Phrygia Aeolis Ionia Caria Doris Lydia Lycaonia Pisidia and by consequence the Citys wherof we are speaking To all these Countrys the Romans gave their Liberty till in favor of ARISTONICUS the Bastard of EUMENES many of them taking Arms they were recover'd brought into subjection and fram'd into a Province WHEN a Consul had conquer'd a Country and the Romans intended to form it into a Province it was the custom of the Senat to send decem Legatos ten of their Members who with the Consul had power to introduce and establish their provincial way of Government In this manner Asia was form'd by MARCUS AQUILLIUS Consul afterwards so excellently reform'd by SCAEVOLA that the Senat in their Edicts us'd to propose his example to succeding Magistrats and the Inhabitants to celebrat a Feast to his Name Nevertheless MITHRIDATES King of Pontus all the Romans in this Province being massacred in one day came to possess himself of it till it was recover'd at several times by SYLLA MURENA LUCULLUS and POMPEY The Romans in framing a Country into a Province were not accustom'd to deal with all the Inhabitants of the same in a like manner but differently according to their different merit Thus divers Citys in this were left free by SYLLA as those of the Ilienses the Chians Rhodians Lycians and Magnesians with the Cyzicens tho the last of these afterwards for their practices against the Romans forfeited their Liberty to TIBERIUS in whose Reign they were for this reason depriv'd of the same TAKING Asia in the first sense that is for one third part of the World the next Province of the Romans in this Country was Cilicia containing Pamphylia Isauria and Cilicia more peculiarly so call'd Here CICERO was somtimes Proconsul in honor to whom part of Book II Phrygia with Pisidia and Lycaonia were taken from the former and added to this Jurisdiction by which means the Citys wherof we are speaking came to be of this Province Adjoining hereto was the Commonwealth of the Lycians which the Romans left free into this also the City of Attalia by som is computed but Iconium both by STRABO â—â—ist and CICERO the latter wherof being Proconsul in his Journy from Laodicea was receiv'd by the Magistrats and Deputys of this City Lysâ—ra and Derbe being Citys of Lycaonia must also have bin of the same Province Next to the Province of Cilicia was that of Syria containing Comagene Seleucis Phoenicia Coelosyria and Judea or Palestin In Seleucis were the four famous Citys Seleucia Antiochia Apamea the last intire in her Liberty and Laodicea Comagene and Judea were under Kings and not fram'd into Provinces till in the time of the Emperors THE fourth Province of the Romans in Asia was that of Bithynia with Pontus these were all acquir'd or confirm'd by the Victorys of POMPEY the Great STRABO who was a Cappadocian born at Amasia relates a story worthy to â—e remember'd in this place From the time says he that the Romans having conquer'd ANTIOCHUS became Moderators of Asia they contracted Leagues of Amity with divers Nations where there were Kings the honor of address was defer'd to them with whom the Treatys that concern'd their Countrys were concluded But as concerning the Cappadocians they treated with the whole Nation for which cause the Royal Line of this Realm coming afterwards to fail the Romans gave the People their freedom or leave to live under their own Laws and when the People hereupon sending Embassadors to Rome renounc'd their Liberty being that to them which they said was intolerable and demanded a King the Romans amaz'd there should be men that could so far despair permitted them to chuse of their Nation whom they pleas'd so ARIOBARZANES was chosen whose Line again in the third Generation coming to fail ARCHELAUS was made King by ANTONY where you may observe in passing that the Romans impos'd not Monarchical Government but for that matter us'd to leave a People as they found them Thus at the same time they left PONTUS under King MITHRIDATES who not containing himself within his bounds but extending them afterwards as far as Colchis and Armenia the Less was reduc'd to his terms by POMPEY who devesting him of those Countrys which he had usurp'd distributed som part of them to such Princes as had assisted the Romans in that War and divided the rest into twelve Common-wealths of which added to Bithynia he made one Province When the Roman Emperors became Monarchs they also upon like occasions made other distributions constituting Kings Princes and Citys som more som less som wholly free and others in subjection to themselves Thus came a good if not the greater part of the Citys in the Lesser Asia and the other adjoining Provinces to be som more som less free but the most of them to remain Commonwealths or to be erected into popular Governments as appears yet clearer by the intercourse of PLINY while he was Pretor or Governor of Bithynia with his Master the Emperor TRAJAN a piece of which I have inserted in the Letters following PINY to TRAJAN Chap. 2 SIR Plin. Epist l. 10. IT is provided by POMPEY'S Laws for the Bithynians that no man under thirty years of Age be capable of Magistracy or of the Senat by the same it is also establish'd that they who have born Magistracy may be Senators Now because by a latter Edict of AUGUSTUS the lesser Magistracys may be born by such as are above one and twenty there remains with me these doubts whether he that being under thirty has born Magistracy may be elected by the Censors into the Senat and if he may whether of those also that have not born Magistracy a man being above one and twenty seeing at that age he may bear Magistracy may not by the same interpretation be elected into the Senat tho he has not born it which is here practis'd and pretended to be necessary because it is somwhat better they say that the Senat be fill'd with the Children of good Familys than with the lower sort My opinion being ask'd upon these points by the new Censors I thought such as being under thirty have born Magistracy both of POMPEY'S Laws and the Edict of AUGUSTUS to be capable of the Senat seeing the Edict allows a man under thirty to bear Magistracy and the Law a man that has born Magistracy to be a Senator But as to those that have
is nevertheless Phil. 1. shewn by POLLUX to have bin the peculiar Office of the Thesmothetae 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to chirotonize the Magistrats For as the Proedri were Presidents of the People in their Legislative Capacity so were the Thesmothetae upon occasion of Elections thus the Chirotonia L. 8. c. 8. of the Proedri or of the Thesmothetae signifys nothing else but the Chirotonia of the People by which they enacted all their Laws and elected all their Civil or Ecclesiastical Magistrats or Priests as the Rex Sacrificus and the Orgeones except som by the Lot which Ordination as is observ'd by ARISTOTLE is equally popular This whether ignorantly or wilfully unregarded has bin as will be seen hereafter the cause of great absurdity for who sees not that to put the Chirotonia or Soverain Power of Athens upon the Proedri or the Thesmothetae is to make such a thing of that Government as can no wise be understood Book II WHAT the People had past by their Chirotonia was call'd Psephisma an Act or Law And because in the Nomothetae there were always two Laws put together to the Vote that is to say the old one and that which was offer'd in the room of it they that were for the old Law were said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to pronounce in the Negative and they that were for the new 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to pronounce for the Affirmative THESE Laws these Propositions or this frame of Government having bin propos'd first by SOLON and then ratify'd or establish'd by the Chirotonia of the Athenian People ARISTOTLE says of him 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that he instituted or constituted the popular Government which Constitution implys not any Power in SOLON who absolutely refus'd to be a King and therfore the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as to him implys no more than Authority I have shew'd you the Words in controversy and the Things together in the Mint now whether they that as to Athens introduc'd them both understood either I leave my Reader by comparing them to judg IT is true that the Things exprest by these Words have bin in som Commonwealths more in others less antient than the Greec Language but this hinders not the Greecs to apply the Words to the like Constitutions or Things wherever they find them as by following HALICARNASSAEUS I shall exemplify in Rome Lib. 2. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ROMULUS when he had distributed the People into Tribes and Parishes proceded to ordain the Senat in this manner the Tribes were three and the Parishes thirty out of every Tribe he elected three Senators and out of every Parish three more all by the Suffrage of the People These therfore came to ninety nine chosen by the Chirotonia to which he added one more not chosen by the Chirotonia but by himself only Which Election we may therfore say was made by the Chirothesia for as in this Chapter I am shewing that the Chirotonia is Election by the Many so in the next I shall shew that the Chirothesia is Election by One or by the Few But to keep to the matter in hand the Magistrat thus chosen by ROMULUS was praefectus urbi the Protector of the Commonwealth or he who when the King was out of the Nation or the City as upon occasion of war had the exercise of Royal Power at home In like manner with the Civil Magistracy were the Priests created tho som of them not so antiently for the Pontifex Maximus the Rex Sacrificus and the Flamens were all ordain'd by the Suffrage of the People Pontifex Tributis Rex Centuriatis Flamines Curiatis the latter of which being no more than Parish Priests had no other Ordination than by their Parishes All the Laws and all the Magistrats in Rome even the Kings themselves were according to the Orders of this Commonwealth to be created by the Chirotonia of the People which nevertheless is by APPIAN somtimes call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Chirotonia of the Tribuns whether these Magistrats were Presidents of the Assemblys of the People or elected by them Sic Romani Historici non raro loquuntur Consulem Calv. Inst l. 4. cap. 3. â— 15. qui comitia habuerit creasse novos Magistratus non aliam ob causam nisi quia suffragia receperit Populum moderatus est in eligendo WHAT past the Chirotonia of the People by the Greecs is call'd Dion Hal. l. 8. Psephisma 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 When the Congregation of the People was to be dismist MARCUS standing up said Your Psephisma Chap. 3 that is your Act is exceding good c. THIS Policy for the greater part is that which ROMULUS as was shewn is said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to have instituted or ordain'd tho it be plain that he ordain'd it no otherwise than by the Chirotonia of the People THUS you have another example of the three words in controversy Chirotonia 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Psephisma still apply'd in the same sense and to the same things Have I not also discover'd already the original Right of Ordination whether in civil or religious Orders This will be scandalous How derive Ordination as it is in the Church of CHRIST or as it was in the Church of the Jews from the Religion or rather Superstition of the Heathens I meddle not with their Religion nor yet with their Superstition but with their Ordination which was neither but a part of their Policy And why is not Ordination in the Church or Commonwealth of CHRIST as well a political thing as it was in the Churches or Commonwealths of the Jews or of the Heathens Why is not Election of Officers in the Church as well a political thing as Election of Officers in the State and why may not this be as lawfully perform'd by the Chirotonia in the one as in the other Philo de Inst Princ. THAT MOSES introduc'd the Chirotonia is expresly said by PHILO tho he opposes it to the Ballot in which I believe he is mistaken as not seeing that the Ballot including the Suffrage of the People by that means came as properly under the denomination of the Chirotonia as the Suffrage of the Roman People which tho it were given by the Tablet is so call'd by Greec Authors All Ordination of Magistrats as of the Senators or Elders of the Sanhedrim of the Judges or Elders of inferior Courts of the Judg or Suâ—fes of Israel of the King of the Priests of the Levits whether with the Ballot or viva voce was perform'd by the Chirotonia or Suffrage of the People In this especially if you admit the Authority of the Jewish Lawyers and Divines call'd the Talmudists the Scripture will be clear but their Names are hard wherfore not to make my Discourse more rough than I need I shall here set them together The Authors or Writings I use by way of Paraphrase upon the Scripture are the Gemara Babylonia Midbar Rabba Sepher
had which was HEZEKIAH but to him succeded his Son MANASSEH a shedder of innocent Blood To MANASSEH succeded his Son AMMON slain by his Servants JOSIAH the next being a good Prince is succeded by JEHOAHAZ who being carry'd into Egypt there dys a Prisoner while JEHOIAKIM his Brother becoms PHARAOH'S Tributary The last of these Princes was ZEDEKIAH in whose Reign was Judah led away captive by NEBUCHADNEZZAR Thus came the whole Enumeration of those dreadful Curses denounc'd by Deut. 28. MOSES in this case to be fulfil'd in this People of whom it is also said I gave them a King in my anger and took him away in my wrath Hos 13. 11. TO conclude this Story with the Resemblances or Differences that are between Monarchical and Popular Government What Parallel can there be beyond the Storys wherby each of them are so largely describ'd in Scripture True it is that AHIMELEC usurp'd the Magistracy of Judg in Israel or made himself King by the men of Sichem that the men of Ephraim fought against JEPTHA and that there was a Civil War caus'd by Benjamin yet in a Popular Government the very womb as they will have it of tumult tho never so well founded that it could be steddy or take any sufficient root can I find no more of this kind A Parallel of the Tribunitian Storms with those in the Hebrew Monarchys BUT the Tribuns of the People in Rome or the Romans under Sect. 6 the Magistracy of their Tribuns throout the whole Administration of that Government were never quiet but at perpetual strife and enmity with the Senat. It is very true but first this happen'd not from a Cause natural to a Popular Government but from a Cause unnatural to Popular Government yea so unnatural to Popular Government that the like has not bin found in any other Commonwealth Secondly the Cause is undeniably discover'd to have consisted in a Faction introduc'd by the Kings and foster'd by the Nobility excluding the Suffrage of the main body of the People thro an Optimacy or certain rank or number admitted not by the People or their Election but by the value of their Estates to the Legislative Power as the Commons of that Nation So the State of this People was as if they had two Houses of Lords and no House of Commons Thirdly this danger must have bin in any other Nation at least in ours much harder to be incur'd than Authors hitherto have made it to be seen in this And last of all this Enmity or these Factions were without Blood which in Monarchys they are not as you saw well in those mention'd and this Nation in the Barons Wars and in those of York and Lancaster besides others has felt Or if at length they came indeed to Blood this was not till the Foundations were destroy'd that is till the Balance of Popular Government in Rome was totally ruin'd which is equally in cases of the like nature inavoidable be the Government of what kind soever as of late years we have bin sufficiently inform'd by our own sad Experience Book II CHAP. V. Shewing the State of the Jews in the Captivity and after their return out of it with the Frame of the Jewish Commonwealth Sect. 1 The State of the Israelits in Captivity WE left the Children of Israel upon a sad march even into Captivity What Orders had bin antiently observ'd by them during the time they were in Egypt one of which as has bin already shewn was their seventy Elders the same so far as would be permitted by the Princes whose Servants they were continu'd in practice with them during the time of their Captivity out of which the ten Jer. 25. 12. 2 Chr. 36. 22. Ezra 1. Tribes never more return'd The two Tribes when seventy years were accomplish'd from the time that they were carry'd away by NEBUCHADNEZZAR and in the first year of CYRUS King of Persia â—eturn'd the best part of them not only with the King's leave and liking but with restitution of the Plate and Vessels belonging to the Temple Sect. 2 The Balance of the Common-wealth restor'd by Zorobabel Ezra 2. Ezra 8. THE first Colony as I may say of the two Tribes or those that return'd under the Conduct of ZOROBABEL Prince of Judah amounted to forty two thousand three hundred and threescore among which there were about one hundred Patriarchs or Princes of Familys To these in the reign of ARTAXERXES came sixteen or twenty Princes more with their Familys among whom the Prophets HAGGAI ZACHARIAS and MALACHI were eminent Som of Ezra 2. 59. them could not shew their Fathers House and their Seed whether they were of Israel But these were few for it is said 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 restitution of the Balance of the Mosaical Commonwealth tho to what this might com without fixation the Jubile being not after the Captivity in use I cannot say However for the present plain it is that the antient Superstructures did also insue as in order to the putting away of the strange Wives which the People in Captivity had taken is apparent Sect. 3 The Superstructures of this Commonwealth in the time of Ezra and Nehemia THEIR whole progress hitherto is according to the Law of MOSES they return every man to his Inheritance by direction of his Pedegree or according to the House of his Fathers they are led by Princes of their Familys and are about to put away strange Wives for what reason then should a man believe that what follows should not be according to the Orders of the same Lawgiver Now that which follows in order to the putting away of these foren Wives is Ezra 10. 8 9. Proclamation was made throout Judah and Jerusalem to all the Children of the Captivity that they should gather themselves to Jerusalem and that whosoever would not com within three days according to the counsil of the Princes and Elders all his Substance should be forfeited and himself separated from the Congregation of those that had bin carry'd away This plainly by the penalty annex'd is a Law for Banishment of which kind there was none made by MOSES and a Law made by the Princes and the Elders What doubt then can remain but these Elders were the Sanhedrim or seventy Elders But wheras neither the Sanhedrim nor any other Senat of it self has bin found to make Laws what others can these Princes be that are join'd with the Elders than those spoken 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 the Princes and the Elders in this place may be understood of the Sanhedrim and the People for thus DAVID proposes to the Congregation of the People of Israel or the chief Fathers and must be understood 1 Chr. 27. 1.
acquisition of Power I cannot imagin which way they should turn themselves to the acquisition of Riches Val. They will drive then at Power they will be coordinat Pub. In the World there has never yet bin any Senat that durst so much as pretend to Power Val. No Had not the Senat of Israel and that of Lacedemon Power Pub. Executive Power they had in as much as they were Judicatorys but Legislative or Soverain Power which is that wherof we speak they had none at all Val. Other Senats have had other power as in the managing of foren Affairs and the like Pub. Which still coms not to the point in hand because in these and the like matters as the creation of divers Magistrats the Senat uses to be made Plenipotentiary by the Popular Assembly that is by Law Val. I hear them talk of making a coordinat Senat first and without the People and then of assembling a Parlament in the old way to govern with that Senat. Pub. Things VALERIUS are soon said but if any Parlament whatever so it be elected by the People and perhaps if otherwise do not make it one of their first works to pull down a coordinat Senat I ask no credit to my Politics Val. This is to prophesy Pub. Then to reason the case I say That the Senat assuming Power the popular Assembly falls immediatly to debate and the popular Assembly debating the Senat is ipso facto depos'd there being no other necessary use or function of the Senat but Debate only Val. You said but now That the Popular Assembly could not debate Pub. Not orderly and maturely but upon such an occasion as this they will do as they can nor is it avoidable Val. Nay if there be som occasion in which you allow that the popular Assembly must and ought to debate there will hardly be any in which they will be persuaded that they may not So this will com to the pulling down of the Senat as often as the People please Pub. Which is so much the rather to be fear'd because you shall never find that popular Assembly which did ever actually depose their Senat. Val. Our Army has pull'd down a good many Parlaments Pub. What is that to the purpose Is our Army a popular Assembly Yâ—t let them pull down a Parlament as often as they please they must set up another and in this indeed there may be som resemblance for let a popular Assembly pull down the Senat as often as they please they must set up another Val. Or a single Person Pub. Right for that holds both ways too and as to our case will stand neither Val. The People of Athens debated yet for all that their Senat was not depos'd Pub. Not formally but it remain'd little better than a Warren wherin great Men did as it were start hares to be hunted in the tumult of the popular Assembly Val. Verily PUBLICOLA this Model of yours is a most intire thing Pub. This with the necessary consequences as the division of the Senat into Senatorian Councils the adorning and actuating of this and the other Assembly with fit Magistrats wherof I have sufficiently discours'd in other places amounts to an intire thing Val. And you offer it freely Pub. I do Val. Would it not grieve you to see them crop a little of it and spoil it Pub. They had better take it to som purpose Val. Nay what they take will be to som purpose I warrant you Com there is a Party a select a refin'd Party a Nation in a Nation that must and will govern Pub. That is it which I desire to see Val. You are of a rare temper happy in unhappiness Pub. O I love frequent Changes Val. Is that any of your Virtues Pub. Yes where we are certain never to go right while there remains a way to go wrong Val. They are confident men They cannot be persuaded but they can govern the World Pub. Till they have try'd Such as can govern the World are such as can be govern'd by Reason Now there is no Party refin'd select or what you will in England amounting to one twentieth part of the whole People Val. One twentieth part of the People for ought I know may amount to a hundred thousand there is no Party any thing near this account I dare say Pub. A twentieth part of the People can never govern the other nineteen but by a perpetual Army Val. They do not like that the worse Pub. The People having bin govern'd by a King without an Army and being govern'd by a Commonwealth with an Army will detest the Government of a Commonwealth and desire that of a King Val. Yes such is the spirit of the Nation Pub. Such is the spirit in this case of any Nation Val. And yet they make it a particular quarrel Pub. They make every thing particular if you speak of Israel Athens Rome Venice or the like they hear you with volubility of countenance and will not have it that God ever minded the matter of Government till he brought them in play Nay tho they have com heels over head for this very thing I know not how often yet they are resolv'd to take no warning Val. PUBLICOLA you will be shent Pub. I am to perform my duty To flatter is not my duty Val. But between you and me Do you not think that the spirit of the Nation or the main body of the People of this Land desires the restitution of their antient Government Pub. I make little doubt of it Val. How then in case of a Commonwealth are they to be trusted Pub. In case of a Commonwealth it is not the People that are trusted but the Orders of the Commonwealth Val. The Commonwealth must consist of the People Pub. The People under the Monarchy when that invaded them invaded it Val. True and in such a manner as has caus'd the ruin of it Pub. What was the spirit of the People then Val. But it is now another thing Pub. Nay the very same for then it invaded a Government that invaded their Liberty and now it would invade a Government that invades their Liberty Val. But how should this be mended Pub. Do you not see that this should not be mended but incourag'd Val. How should it be incourag'd then Pub. By giving them a Form that must preserve their Liberty Val. I little doubt but there is in your Form a full security to the People of their Liberty but do you think that there is in it any full security that the People shall not cast off this Form Pub. If it secures their Liberty why should they Val. My question is not why they should but whether they can Pub. They cannot without going against their own interest Val. But they can go against their own interest Pub. Nay remember your self whether the Form shewn be not such as you have already granted can in no wise go beside the interest of the whole People Val.
out to debate or examination that a man having the mind to weigh discourse upon or object against this Model may do it in the parts with the greatest convenience ANY examination of or objection against the whole or any part in print or in writing the Author holds himself bound to acknowlege or answer But as to mere discourse upon matters of this compass it is usually narrow besides that in writing a man must put himself upon better aim than he can be oblig'd to take in discourse ANY one objection lying in writing against any one Order in this part of the Model after such manner as to shew that the Part or Order so invaded ought to be expung'd alter'd or amended unless it may be expung'd alter'd or amended accordingly destroys the whole AND any one or more Objections so lying against any one or more of these Orders or Propositions that therby they may be expung'd alter'd or amended must in the whole or in part make a better Model IN this case therfore or in case no Objection lys the use of these Propositions will be such as therby any Man or any Assembly of men considering or debating upon them in order may find or make a true Model of a well order'd Commonwealth AND that an Assembly can never make or frame a Model of any Government otherwise than in som such manner is provable first by a demonstration from the effect and secondly by a demonstration from the cause THE demonstration from the Effect is that an Assembly no otherwise frames a Law or Order than by having it first pen'd by som one man and then judging upon it and the Model of a Commonwealth must consist of many Laws or Orders THE demonstration from the Cause is that wheras Reason consists of two parts the one Invention and the other Judgment a Man may be as far beyond any Assembly for Invention as any Assembly can be beyond a Man for Judgment or which is more that the formation of a Model of Government requires a strong faculty of Invention and that an Assembly is naturally void of all manner of Invention Nov. 13. 1658. THE Ways and Means Wherby an Equal and Lasting COMMONWEALTH May be suddenly introduc'd and perfectly founded with the free Consent and actual Confirmation of the Whole People of England Scire tuum nihil est nisi te scire hoc sciat alter Pers A WORD fitly spoken is like Apples of Gold in Pictures of Silver THE Desire of the People of England now runs strongly to have a Free Parlament LET there be a free Parlament TO the end that the People may be most equally represented or that the Parlament may be Freest LET there be a new Division of England and Wales with as much equality as may stand with convenience into fifty Shires LET every Shire elect annually two Knights to be of one House and seven Deputys to be of another House of Parlament for the term of three years For the first year only let the Deputys in each Division be elected triple that is seven for the term of one year seven for the term of two years and seven for the term of three years The like for the Knights save only that the present Parlament remain that is let two Knights in each Division be elected the first year only for the term of one year two other Knights at the same time for the term of two years and let the present Parlament be the triennial part of the Knights House for the first Election THE House of Knights and the House of Deputys being assembl'd let the House of Knights debate and propose LET what is propos'd by the House of Knights be promulgated for the space of six weeks PROMULGATION being thus made let the House of Deputys meet and give their Result upon the Proposition LET what was thus propos'd by the Senat or House of Knights and resolv'd by the People or House of Deputys be the Law IN this Constitution these Councils must of necessity contain the Wisdom and the Interest of the Nation IN this method Debate must of necessity be mature IF it be according to the Wisdom and the Interest of the Nation upon mature debate that there be a King let there be a King IF it be according to the Wisdom and the Interest of the Nation upon mature debate that there be a Commonwealth two Assemblys in this Order are actually a Commonwealth and so far a well order'd Commonwealth that they are capacitated and inclin'd to reach to themselves whatever furniture shall be further necessary in more particular Orders which also is at hand TILL this or the like be don the Line of the late King and the People must be fellowsufferers in which case the impatience of the People must be for the restitution of that Line at all adventures BUT this or the like being once don immediatly the Line of the late King and the People becom Rivals in which case they will never restore Monarchy WILL never may som say But if the Senat and the Popular Assembly be both Royalists they both will and can restore Monarchy THO both Royalists they neither will nor can for let them that look no further than home or self say what they will to affirm that a Senat and a Popular Assembly thus constituted can procreat Monarchy is to affirm that a Horse and a Mare can generat a Cat that Wheat being rightly sown may com up Pease or that a River in its natural channel may run upwards IN the present case of England Commonwealthsmen may fail thro want of Art but Royalists must fail thro want of Matter the former may miss thro impotence the latter must thro impossibility Or where the State is purely popular that is not overbalanc'd by a Lord or Lords let there be one Example or one Reason given that there is was or ever can be Monarchy There will be this when all fails for the aftergame tho the work should fall as is like enough into the hands of Royalists CERTAIN it is that where any privat Citizen or Freeman might not som way or other propose there never was a well order'd Commonwealth UPON this incouragement I offer'd this Paper to good hands but it was according to custom thrown after me SO it went in the Protector 's time in every Revolution since La fortuna accieca gli animi de gli huomini but that is Atheism that 's MACCHIAVEL WELL but now says the Protectorian Family O that we had set up the equal Commonwealth So say broken Parlaments and Statesmen so say the sadly mistaken Sectarys so say the cashier'd Officers so says he that would have no nay but Oligarchy was a good word and so will more say after these except they learn to say after another Aut reges non exigendi fuerunt aut plebi re non verbo danda libertas either the Kings ought not to have bin driven out or the People to