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A87136 Pour enclouer le canon. Harrington, James, 1611-1677. 1659 (1659) Wing H819; Thomason E980_6; ESTC R202587 5,783 8

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Pour enclouer le Canon IT is obvious and apparent unto sense That Venice Holland Switz are not molested with civil War Strife or Sedition like Germany France Spain and England yet will men have a Commonwealth to be a confusion What confusions we have had in England while the Norman Line strove for absolute power while the Barons strove for ancient Liberty while the Houses of York and Lancaster strove for Royal Dignity and last of all during these eighteen years in the Wars that have been between the King and the People in the difference of Judgment both concerning Religion and Government and under the perfidious yoke of the late Tyranny is known At the apparition or but name of a Commonwealth and before any such Orders are introduced or perhaps truly understood all men or the most of them are upon a suddain agreed that there be a good and perfect Fixation of the Army unto the Old Cause and that the remnant of the Long Parliament be assembled so we have this for a tast or relish of a Commonwealth that of the eighteen the present year is already the most unanimous Nor can this be attributed unto Chance seeing the wit of man our case considered could not I think have invented a more natural and necessary way of launching into the Orders of a Commonwealth then first by Fixation of the Army so as no Council ensuing may have any ambitious party on which to set up and then to assemble that Council which hath given testimony of it self to have been the most popularly addicted By these it is no less then demonstrated that the Army is faithful and the people for the most active part of them which in like cases cometh to more then all the rest is wise Be it granted that the far greater part of them Libertatis dulcedine nondum experta would force us unto the continuation of Monarchy if they could this is the old temper of a people in like cases thus the Romans upon the death of Romulus forced the Senate who would have introduced a Commonwealth to elect Numa with the succeeding Kings and could not be brought unto the abolition of Monarchy till it was imposed upon them by Brutus to abjure it Neverthelesse this people having once tasted of liberty were of all others the most constant Assertors of the same It causeth with the best Politicians despair and as it were a kinde of tearing themselves that the people even where Monarchy is apparently unpracticable and they have no way but a Commonwealth or confusion hold their ancient Laws and Customs unalterable and persecute such as advise the necessary change of them how plainly soever demonstrated as Authors of Innovation with hatred if not in tumult and with violence as when Lycurgus in a like assault lost one of his eyes Here is the discouragement the Many through diversity of Opinions want of reach into the principles of Government and unacquaintance with the good thar may by this means be acquired are never to be agreed in the introduction of a new form but then there is also this consolation that the Many upon introduction of a new form coming once to feel the good and taste the sweet of it will never agree to abandon it This is all the comfort that Politicians in like cases have been able to give themselves upon consideration of the nature of the people in general But if we consider the nature of the people of England I am much deceived or the consolation of knowing men and good Patriots may yet be far greater For though the people of England may be twenty to one for Monarchy they are but deceived by the name seeing they having of late years been more arbitrarily governed then formerly desire no more under this name in the truth of their meaning then not to be at the will of men but return unto the Government of Laws for the late Monarchy being rightly considered was indeed no more then an unequal Commonwealth onely here is the fault of all unequal Commonwealths they pretend to be Governments of Laws and at the same time defer unto some one or few men such power prerogative and preheminence as may invade and opporess Laws which fault was the cause of perpetual feud or at least jealousie between our Kings and our Parliaments But there is in relation unto the people of England yet a greater encouragement unto Commonwealths-men for though if we look upon the true cause of Popular Government the Balance hath been many years in turning yet since it came to be so perceivable as to cause any mention of a Commonwealth it is but a short time Should we go so far as to compute it from the beginning of the late War it exceedeth not eighteen years in which the eyes and affections of the people are so wonderfully opened and extended that I do not think there are fewer then fifty thousand of the more active and knowing that drive vigorously at a Commonwealth while the rest are not only calm and passive but mature for any good impression without danger or indeed appearance of any War or Tumult that can ensue upon the introduction of a new form nor is there the least improbability that an equal Commonwealth may be received with embraces seeing a Tyranny came not only in but was supported without blood But if people for the extent of their Territory and for their bulk or number so great as this of England should fall to take a larger compass then I hope we shall need within the space of thirty years out of Monarchy to which they have ever been accustomed into a Commonwealth of which they have had no experience nor knowledge and that except in the ruine of Monarchy which how infirm soever useth not to expire otherwise without rapine War or indeed without any great confusion I doubt whether the world can afford another example of the like natural easie and suddain transition of one Government into another Yet ere two parts in three of this time be expired men can be despairing In what say they have you shewn us that we must necessarily be a Commonwealth Why in this say I that you cannot shew me how we should be any thing else In what posture say they do we see the people to give us this hope VVhy in the very best say I that in this state of Affairs a people if you consider their humour or nature could have cast themselves into This posture to return is thus or at least thus I take it to be The Armies of this Nation by restitution of their old Officers are fixed resolved upon and encouraged by the most active part of the people towards the prosecution of the Old Cause or introduction of a popular form the framing of this form is modestly and dutifully defer'd by them unto the civil power in the restitution of the Long Parliament in that remnant of the same which declared for and obliged themselves
unto this end Now putting this to be the case I come to the scope of this Paper which is to discourse upon this posture in which to my understanding there are but three things that can interpose between us and a Commonwealth and but two more that can interpose between us and an equal Commonwealth The things that may interpose between us and a Common-wealth are such Monarchy as can no otherwise get up then by sorraign Invasion or Tyranny which at the strongest among us was not of any duration and which changing hands must still be weaker of these two they being onely possible and no whit probable I shall say no more But the third thing which can interpose between us and a Commonwealth is Oligarchy which in like cases hath been more probable and incidental then I conceive it to be at the present such a thing if it be introduced among us is most likely to be of this form It may consist of a Council not elected by the people but obtruded upon us under the Notion of a Senate or a Balance or of Religion and it may be for life or for some certain or pretended term with a Duke or Princely President at the head of it or without one The power at which such a Council doth naturally drive is to call Parliaments and to govern in the intervals but the success of such a Council will be that if in calling Parliaments it do not pack them it will be forthwith ruined and if it do pack them then the case of such a Councel and a Parliament will be no otherwise different from the case of a single person and a Parliament then that more Masters less able to support their greatness whose greatness we shall be less able to support will be a burden by so much more heavy then one Master more able to support his greatness and whose greatness we were more able to support But this will either not be or be of no continuance The things that can interpose between us and an equal Commonwealth are either a Senate for Life or an Optimacy The seventy elders in Israel were a Senate for life this though constitutively elected by the people became after the captivity or in the Jewish Commonwealth how anciently is uncertain meer Oligarchy by the means of Ordination no man being capable of Magistracy except he were a Presbyter no man being made a Presbyter but by laying on of Hands and the Prince with the Senate engrossing the whole power of laying on of Hands Nor were the people thus excluded and trampled upon by the Pharisees under other colour then that of Religion or tradition derived in their Oral Law or Cabala from Moses in whose Chair they sat and not only pretended their Government to be a government of Saints but in some things bade fairer for that title then others who assumed it afterwards for that they did miracles is plain in these words of our Saviour unto them If I by Beelzebub cast out Devils by whom do your children cast them out therefore they shall be your judges Mat. 12. 27. By which I may believe that Miracles themselves do not in any wise oblige us to hope that such a state of Government can be Religious or honest much less where there are no miracles nor any such certain distinction to be outwardly made between a Saint and an Hypocrite as may secure us that we shall not have Hypocrites imposed upon us for Saints The surest testimony of Saintship in Rulers is when they are willing to admit of such orders in Government as restrain the power to do wickedly or of lording it over their brethren Upon the pattern of the High-priest and the seventy Elders arose the government of the Pope and his seventy Cardinals pretending also unto Saintship which nevertheless is as little yeelded unto them as they assume that a Councel of seventy for life is a good guard of the liberty of Conscience The next Senate for life was that of Lacedemon consisting of two Kings hereditary and twenty eight Senators elective These notwithstanding they were not eligible but by the people and at the sixtieth year of their age and by the Balance or equal Agrarian of their Commonwealth could not any one of them excel the meanest Citizen in their lot or shares in Land so vigorously attempted to draw the whole result of the Commonwealth unto themselves that if the people had not striven as vigorously for the preservation of their right they had been excluded from making their own Laws The expedient found out by the people in this exigent was their election of five annual Magistrates out of their own number called the Ephori with power to try condemn and execute any of their Kings or Senators which thenceforth should go about to subvert the fundamental Laws of their Government by which it belonged unto the Senate to debate and propose only and unto the assembly of the people to resolve Without this expedient which in another Commonwealth not planted upon a like Agrarian would have availed little as the Roman people found afterwards by their Tribunes had the people of Lacedemon through a Senate for life been deprived of their liberties The Roman Commonwealth was also founded upon a Senate for life which though first instituted by election of the people came afterwards to be such into which their children found other admittance in such manner as from hence grew a Patrician order ingrossing not only the Senate and excluding the people from bearing Magistracy in the Common-wealth but oppressing them also by an heavy yoke of Tyranny which caused perpetual fewd between this Senate and the People and in the end the ruine of the Commonwealth Yet entitled this Nobility themselves unto these prerogatives no otherwise then by such religious rites as among them were believed to confer Saintship and thereby to intitle them unto Dominion over the people in which they were also aided by the Optimacy Now examples of a Senate for Life being of like nature and necessary consequence it is my hope and prayer that never any such be introduced in England But in case of an Optimacy a Commonwealth though not admitting of a Senate for Life may yet be unequal Athens consisted of a Senate upon annual Rotation yet through the Optimacy which was instituted by Solon came under such a yoke of the Nobility and upon victory obtained in the battel of Plataea they took the opportunity to throw off and reduce the Commonwealth unto more equality An Optimacy is introduced where a people is not onely divided by Tribes according to their habitation but every Tribe into Classes according unto their estates or different measures in riches as if you should cast all that have above two thousand pounds a year into one Classis all that have above one thousand pounds a year into another all that have above five hundred into a third and so forth for as many Classes as you like to make Now if in this case the first and second Classes may give the sussrage of the whole people as in Rome or that these only may enjoy the Senate and all the Magistracies though but upon Rotation as in Athens yet the people as to these parts being excluded the Commonwealth must needs remain unequal wherefore this also ought to be forewarned to the end that it may be prevented To conclude if we in England can have any Monarchy we shall have no Commonwealth but if we can have no Monarchy then bar but a Senate for Life and an Optimacy and we must have an equal Commonwealth Successive Parliaments whether immediately or with Councels in the intervals and like fancies will be as void of effect as of example or reason But an abundance of things is tedious we would have such a Commonwealth as may be dictated in a breath Thus then Let a Senate be constituted of Three hundred and a Popular Assembly of One thousand and fifty each for the term of three years and to be annually changed in one third part But in case a Commonwealth were thus briefly dictated what would this abate of those many things which must of necessity go unto a like structure that it may be equally and methodically brought up from a firm and proper foundation there is no way of dictating a Commonwealth unto facile practice but by the seeming difficulty of the whole circumstances requisite even to a tittle Nevertheless to try again Let the Lands throughout England be all cast into some Parish Let every Parish elect annually a fifth Man let every hundred of these fifth men with the places of their habitation constitute one hundred then cast twenty of these hundreds into one Tribe or Shire Putting the case the Tribes or Shires thus stated amount unto fifty let the fifth men or Deputies in every Tribe or Shire elect annually two out of their own number to be Senators for three years and seven to be of the assembly of the people for a like term each term obliging unto an equal interval which the Senate being for the first year constituted of three hundred and the Assembly of the people of one thousand and fifty gives you those bodies upon a triennial Rotation and in them the main Orders of an equal Commonwealth If you must have a Commonwealth and you will have an equal Commonwealth then pardon my boldness after this or some like manner must you do because like work never was nor can be done any otherwise May 2. 1659. J. Harrington London Printed for Henry Fletcher 1659. See M. B. 1 c. 9.