intimated than shewn Nevertheless because I cannot otherwise understand the passage concerning ELDAD and MEDAD of whom it is said that they were of them that were written but went not up to the Tabernacle then with the Talmudists I conceive that ELDAD and MEDAD had the suffrage of the Tribes and so were written as Competitors for Magistracy but coming afterwards to the lot fail'd of it and therfore went not up to the Tabernacle or place of Confirmation by God or to the Sessionhouse of the Senat with the Seventy upon whom the lot fell to be Senators for the Sessionhouse of the Sanhedrim was first in the Court of the Tabernacle and afterwards in that of the Temple where it came to be call'd the stone Chamber John or Pavement If this were the Ballot of Israel that of Venice is the same transpos'd for in Venice the Competitor is chosen as it were by the lot in regard that the Electors are so made and the Magistrat is chosen by the Suffrage of the great Council or Assembly of the People But the Sanhedrim of Israel being thus constituted MOSES for his time and after him his Successor sat in the midst of it as Prince or Archon and at his left hand the Orator or Father of the Senat the rest of the bench coming round with either horn like a Crescent had a Scribe attending upon the tip of it THIS Senat in regard the Legislator of Israel vvas infallible and the Laws given by God such as were not fit to be alter'd by men is much different in the exercise of their Power from all other Senats except that of the Areopagits in Athens which also was little more than a Supreme Judicatory for it will hardly as I conceive be found that the Sanhedrim propos'd to the People till the return of the Children of Israel out of Captivity under Esdras at which time there was a new Law made namely for a kind of Excommunication or rather Banishment which had never bin before in Israel Nevertheless it is not to be thought that the Sanhedrim had not always that right which from the time of Esdras it more frequently exercis'd of proposing to the People but that they forbore it in regard of the fulness and infallibility of the Law already made wherby it was needless Wherfore the function of this Council which is very rare in a Senat was executive The Magistracy and consisted in the administration of the Law made and wheras the Council it self is often understood in Scripture by the Priest Deut. 17. 9 10 11. and the Levit there is no more in that save only that the Priests and the Levits who otherwise had no Power at all being in the younger years of this Commonwealth those that were best study'd in the Laws were the most frequently elected into the Sanhedrim For the Courts consisting of three and twenty Elders sitting in the Gates of every City and the Triumvirats of Judges constituted almost in every Village which were parts of the executive Magistracy subordinat to the Sanhedrim I shall take them at better leisure and in the larger Discourse but these being that part of this Commonwealth which was instituted by MOSES upon the advice of JETHRO the Priest Exod. 18. of Midian as I conceive a Heathen are to me a sufficient warrant even from God himself who confirm'd them to make farther use of human Prudence wherever I find it bearing a Testimony to it self whether in Heathen Commonwealths or others And the rather because so it is that we who have the holy Scriptures and in them the Original of a Commonwealth made by the same hand that made the World are either altogether blind or negligent of it while the Heathens have all written theirs as if they had had no other Copy As to be more brief in the present account of that which you shall have more at large hereafter Of Athens ATHENS consisted of the Senat of the Bean proposing of the Church or Assembly of the People resolving and too often debating which was the ruin of it as also of the Senat of the Aropagits the nine Archons with divers other Magistrats executing Of Lacedemon LACEDEMON consisted of the Senat proposing of the Church or Congregation of the People resolving only and never debating which was the long life of it and of the two Kings the Court of the Ephors with divers other Magistrats executing Of Carthage CARTHAGE consisted of the Senat proposing and somtimes resolving too of the People resolving and somtimes debating too for which fault she was reprehended by ARISTOTLE and she had her Suffetes and her hundred Men with other Magistrats executing Of Rome ROME consisted of the Senat proposing the Concio or People resolving and too often debating which caus'd her storms as also of the Consuls Censors Aedils Tribuns Pretors Questors and other Magistrats executing Of Venice VENICE consists of the Senat or Pregati proposing and somtimes resolving too of the great Council or Assembly of the People in whom the result is constitutively as also of the Doge the Signory the Censors the Dieci the Quazancies and other Magistrats executing Of Switzerland and Holland THE proceding of the Commonwealths of Switzerland and Holland is of a like nature tho after a more obscure manner for the Soveraintys whether Cantons Provinces or Citys which are the People send their Deputys commission'd and instructed by themselves wherin they reserve the Result in their own power to the Provincial or general Convention or Senat where the Deputies debate but have no other power of Result than what was confer'd upon them by the People or is farther confer'd by the same upon farther occasion And for the executive part they have Magistrats or Judges in every Canton Province or City besides those which are more public and relate to the League as for adjusting Controversies between one Canton Province or City and another or the like between such persons as are not of the same Canton Province or City BUT that we may observe a little farther how the Heathen Politicians have written not only out of Nature but as it were out of Scripture As in the Commonwealth of Israel God is said to have bin King so the Commonwealth where the Law is King is said by ARISTOTLE to be the Kingdom of God And where by the Lusts or Passions of Men a Power is set above that of the Law deriving from Reason which is the dictat of God God in that sense is rejected or depos'd that he should not reign over them as he was in Israel Pag. 170. And yet LEVIATHAN will have it that by reading of these Greec and Latin he might as well in this sense have said Hebrew Authors young Men and all others that are unprovided of the antidot of solid Reason receiving a strong and delightful impression of the great Exploits of War atchiev'd by the Conductors of their
by ROMULUS are first divided into thirty Curias or Parishes wherof he elected by three out of each Curia the Senat which from his Reign to that of SERVIUS Halicar TULLUS propos'd to the Parishes or Parochial Congregations and these being call'd the Comitia Curiata had the election of the * Quirites Regem create ita patribus visum est Tullum Hostilium Regem Populus jussit Patres authores facti Kings the Confirmation of their †Ut ab Romulo traditum suffragium viritim eadem vi eodemque jure omnibus datum est Laws and the last appeal in matters of Judicature as appears in the case of HORATIUS that kil'd his Sister till in the Reign of SERVIUS for the other Kings kept not to the institution of ROMULUS the People being grown somwhat the Power of the Curiata was for the greater part translated to the Centuriata Comitia instituted by this King which distributed the People according to the cense or valuation of their Estates into six Classes every one containing about forty Centurys divided into Youth and Elders the Youth for field-service the Elders for the defence of their Territory all arm'd and under continual Disciplin in which they assembl'd both upon military and civil occasions But when the Senat propos'd to the People the Horse only wherof there were twelve Centurys consisting of the richest sort over and above those of the Foot enumerated were call'd with the first Classis of the Foot to the suffrage or if these accorded not then the second Classis was call'd to them but seldom or never any of the rest Wherfore the People after the expulsion of the Kings growing impatient of this inequality rested not till they had reduc'd the suffrage as it had bin in the Comitia Curiata to the whole People again But in another way that is to say by the Comitia Tributa which therupon were instituted being a Council where the People in exigencys made Laws without the Senat which Laws were call'd Plebiscita This Council is that in regard wherof CICERO and other great Wits so frequently inveigh against the People and somtimes even LIVY as at the first ‖ Hunc annum insignem maximè Comitia Tributa efficiunt res major victoriâ â—uscepti certaminis quam usu plus enim dignitatis Comitiis ipsis detractum est patribus ex Concilio submovendis quam virium aut plebi additum aut demtum patribus institution of it To say the truth it was a kind of Anarchy wherof the People could not be excusable if there had not thro the Courses taken by the Senat bin otherwise a necessity that they must have seen the Common-wealth run into Oligarchy Sigonius THE manner how the Comitia Curiata Centuriata or Tributa were call'd during the time of the Commonwealth to the suffrage was by lot the Curia Century or Tribe wheron the first lot fell being stil'd Principium or the Prerogative and the other Curiae Centurys or Tribes wheron the second third and fourth Lots c. fell the Jure vocatae From henceforth not the first Classis as in the times of SERVIUS but the Prerogative whether Curia Century or Tribe came first to the Suffrage whose Vote was call'd Omen Praerogativum and seldom fail'd to be leading to the rest of the Tribes The Jure vocatae in the order of their Lots came next the manner of giving suffrage was by casting wooden Tablets mark'd for the Affirmative or the Negative into certain Urns standing upon a Scaffold as they march'd over it in files which for the resemblance it bore was call'd the Bridg. The Candidat or Competitor who had most Suffrages in a Curia Century or Tribe was said to have that Curia Century or Tribe and he who had most of the Curiae Centurys or Tribes carry'd the Magistracy THESE three places being premis'd as such upon which there will be frequent reflection I com to the Narrative divided into two parts the first containing the Institution the second the Constitution of the Commonwealth in each wherof I shall distinguish the Orders as those which contain the whole Model from the rest of the Discourse which tends only to the explanation or proof of them Institution of the Common-wealth IN the institution or building of a Commonwealth the first work as that of Builders can be no other than fitting and distributing the Materials Divisions of the People THE Materials of a Commonwealth are the People and the People of Oceana were distributed by casting them into certain Divisions regarding their Quality their Age their Wealth and the places of their residence or habitation which was don by the insuing Orders 1. Order Into Freemen and Servants THE first ORDER distributes the People into Freemen or Citizens and Servants while such for if they attain to Liberty that is to live of themselves they are Freemen or Citizens THIS Order needs no proof in regard of the nature of Servitude which is inconsistent with Freedom or participation of Government in a Commonwealth 2. Order Into Youth and Elders THE second ORDER distributes Citizens into Youth and Elders such as are from 18 years of age to 30 being accounted Youth and such as are of 30 and upwards Elders and establishes that the Youth shall be the marching Armys and the Elders the standing Garisons of this Nation A COMMONWEALTH whose Arms are in the hands of her Servants had need be situated as is elegantly said of Venice by * Lontana della fede degli huomini CONTARINI out of the reach of their clutches witness the danger run by that of Carthage in the Rebellion of SPENDIUS and MATHO But tho a City if one Swallow makes a Summer may thus chance to be safe yet shall it never be great for if Carthage or Venice acquir'd any Fame in their Arms it is known to have happen'd thro the mere virtue of their Captains and not of their Orders wherfore Israel Lacedemon and Rome intail'd their Arms upon the prime of their Citizens divided at least in Lacedemon and Rome into Youth and Elders the Youth for the Field and the Elders for defence of the Territory 3. Order Into Horse and Foot THE third ORDER distributes the Citizens into Horse and Foot by the cense or valuation of their Estates they who have above one hundred Pounds a year in Lands Goods or Monys being oblig'd to be of the Horse and they who have under that Sum to be of the Foot But if a man has prodigally wasted and spent his Patrimony he is neither capable of Magistracy Office or Suffrage in the Commonwealth CITIZENS are not only to defend the Commonwealth but according to their abilitys as the Romans under SERVIUS TULLUS regard had to their Estates were som inrol'd in the Horse Centurys and others of the Foot with Arms injoin'd accordingly nor could it be otherwise in the rest of the Commonwealths tho out of Historical
better Proveditor than the Venetian another Strategus sitting with an Army standing by him wherupon that which is marching if there were any probability it should would find as little possibility that it could recoil as a foren Enemy to invade you These things consider'd a War will appear to be of a contrary nature to that of all other reckonings inasmuch as of this you must never look to have a good account if you be strict in imposing checks Let a Council of Huntsmen assembl'd beforehand tell you which way the Stag shall run where you shall cast about at the fault and how you shall ride to be in at the chase all the day but these may as well do that as a Council of War direct a General The hours that have painted wings and of different colors are his Council he must be like the Ey that makes not the Scene but has it so soon as it changes That in many Counsillors there is strength is spoken of Civil Administrations as to those that are military there is nothing more certain than that in many Counsillors there is weakness Joint Commissions in military affairs are like hunting your Hounds in their Couples In the Attic War CLEOMENES and DEMARATUS Kings of Lacedemon being thus coupl'd tug'd one against another and while they should have join'd against the Persian were the cause of the common calamity wherupon that Commonwealth took better Counsil and made a Law wherby from thenceforth there went at once but one of her Kings to Battel THE Fidenati being in rebellion and having slain the Colony of the Romans four Tribuns with Consular Power were created by the People of Rome wherof one being left for the guard of the City the other three were sent against the Fidenati who thro the division that happen'd among them brought nothing home but Dishonor wherupon the Romans created the Dictator and LIVY gives his Judgment in these words * * Tres Tribuni potestate Consulari documento fuêre quà m plurium imperium bello inutile esset tendendo ad sua quisque consilia cum alii aliud videretur aperuerunt ad occasionem locum hosti The three Tribuns with Consular Power were a lesson how useless in War is the joint Command of several Generals for each following his own Counsils while they all differ'd in their opinions gave by this opportunity an advantage to the Enemy When the Consuls QUINTIUS and AGRIPPA were sent against the AEQUI AGRIPPA for this reason refus'd to go with his Collegue saying * * Saluberrimum in administratione magnarum rerum summam imperii apud unum esse That in the administration of great Actions it was most safe that the chief Command should be lodg'd in one Person And if the Ruin of modern Armys were well consider'd most of it would be found to have faln upon this point it being in this case far safer to trust to any one Man of common Prudence than to any two or more together of the greatest Parts The Consuls indeed being equal in Power while one was present with the Senat and the other in the Field with the Army made a good Balance and this with us is exactly follow'd by the Election of a new Strategus upon the march of the old one THE seven and twentieth Order wherby the Elders in case of Invasion are oblig'd to equal duty with the Youth and each upon their own charge is sutable to Reason for every Man defends his own Estate and to our Copy as in the War with the Samnits and Tuscans ††Senatus justitium indici delectum omnis generis hominum haberi jussit nec ingenui modo juniores Sacramento adacti sunt sed seniorum etiam cohortes factae The Senat order'd a Vacation to be proclaim'd and a Levy to be made of all sorts of Persons And not only the Freemen and Youths were listed but Cohorts of the old Men were likewise form'd This Nation of all others is the least obnoxious to Invasion Oceana says a French Politician is a Beast that cannot be devour'd but by her self nevertheless that Government is not perfect which is not provided at all points and in this ad Triarios res rediit the Elders being such as in a martial State must be Veterans the Commonwealth invaded gathers strength like ANTAEUS by her fall while the whole number of the Elders consisting of five hundred thousand and the Youth of as many being brought up according to the Order give twelve successive Battels each Battel consisting of eighty thousand Men half Elders and half Youth And the Commonwealth whose Constitution can be no stranger to any of those Virtues which are to be acquir'd in human life grows familiar with Death ere she dys If the hand of God be upon her for her Transgressions she shall mourn for her Sins and ly in the dust for her Iniquitys without losing her Manhood Si fractus illabatur orbis Impavidam ferient ruinae THE remaining part being the Constitution of the Provincial Orb is partly Civil or consisting of the Elders and partly Military or consisting of the Youth The Civil part of the provincial Orb is directed by 28. Order Constitution of the Civil part of the Provincial Orb. THE twenty eighth ORDER wherby the Council of a Province being constituted of twelve Knights divided by four into three Regions for their term and revolution conformable to the Parlament is perpetuated by the annual election at the Tropic of four Knights being triennial Magistrats out of the Region of the Senat whose term expires and of one Knight out of the same Region to be Strategus or General of the Province which Magistracy is annual The Strategus or Magistrat thus chosen shall be as well President of the Provincial Council with power to propose to the same as General of the Army The Council for the rest shall elect weekly Provosts having any two of them also right to propose after the manner of the Senatorian Councils of Oceana And wheras all Provincial Councils are Members of the Council of State they may and ought to keep diligent correspondence with the same which is to be don after this manner Any Opinion or Opinions legitimatly propos'd and debated at a Provincial Council being therupon sign'd by the Strategus or any two of the Provosts may be transmitted to the Council of State in Oceana and the Council of State proceding upon the same in their natural course whether by their own Power if it be a matter within their Instructions or by Authority of the Senat therupon consulted if it be a matter of State which is not in their Instructions or by Authority of the Senat and Command of the People if it be a matter of Law as for the Levys of Men or Mony upon common use and safety shall return such Answers Advice or Orders as in any of the ways mention'd shall be determin'd upon the case The Provincial Councils of
can depose the Senat and remain a Commonwealth The People of Capua being inrag'd to the full height resolv'd and assembl'd together the Senat if the People will being always in their power on purpose to cut the throats of the Senators when PACUVIUS CALAVIUS exhorted them that ere they went upon the design they would first make election among themselves of a new Senat which the throats of the old being cut might for the safety of the Commonwealth immediatly take their places for said he * Senâ—tum omninâ— non haâ—â—re non vultis Quippe aut Rex quod abominandâ—m aut quod â—num liberae civitatis Concilium est Senatus habendus est Liv. You must either have a King which is to be abhor'd or whatever becoms of this you must have som other Senat for the Senat is a Council of such a nature as without it no free City can subsist By which Speech of PACUVIUS the People who thought themselves as the Considerer has it wise enough to consult being convinc'd sell to work for the Election of a succeding Senat out of themselves the Prevaricator should not tell me of Notions but learn that in a Commonwealth there must be a Senat is a Principle while the People of Capua were intent upon chusing this new Senat the Partys propos'd seem'd to them to be so ridiculously unsit for such an Office that by this means coming to a nearer sight of themselves they were secretly so fill'd with the shame of their Enterprize that slinking away they would never after be known so much as to have thought upon such a thing Nor ever went any other People so far not the Florentins themselves tho addicted to Innovation or changing of the Senat beyond all other examples Sons of the University Brothers of the College Heads and Points you love fine words Whether tends to bring all things into servitude my Hypothesis or his †Arocheâ— Hypothytes For says he I am willing to gratify Mr. HARRINGTON with his partition of the twenty men into six and fourteen but if I had bin in a humor of contradiction it had bin as free for me to have said that som one of the twenty would have excel'd all the rest in Judgment Experience Courage and height of Genius and then told him that this had bin a natural Monarchy establish'd by God himself over Mankind As if the twenty would give their Clothes or Mony to the next man they meet wiser or richer than themselves which before he deny'd Oportet mendacem esse memorem God establish'd Kings no otherwise than by election of the People and the twenty will neither give their Clothes nor Mony How then why in coms a Gallant with a file Book I of Musketeers What says he are you dividing and chusing here Go to I will have no dividing give me all Down go the pots and up go their heels What is this why a King What more by Divine Right As he took the Cake from the Girls CHAP. VI. Whether the Senatusconsulta or Decrees of the Roman Senat had the Power of Laws AMONG divers and weighty Reasons why I would have that Prince look well to his file of Musketeers this is no small one that he being upon no balance will never be able to give Law without them For to think that he succedes to the Senat or that the power of the Senat may serve his turn is a presumtion that will fail him The Senat as such has no power at all but mere Authority of proposing to the People who are the makers of their own Laws whence the Decrees of the Senat of Rome are never Laws nor so call'd but Senatusconsulta It is true that a King coming in the Senat as there it did may remain to his aid and advantage and then they propose not as formerly to the People but to him who coms not in upon the right of the Senat but upon that of the People whence says JUSTINIAN * Quod Principi placuit legis habet vigorem quum lege Regia quae de ejus imperio lata est Populus ei in eum omne imperium suum potestatem concedat The Princes Pleasure has the force of Law since the People have by the Lex Regia concerning his Power made over to him all their own Empire Consid p. 30 31. and Authority Thus the Senatusconsultum Macedonicum with the rest that had place allow'd by JUSTINIAN in compilement of the Roman Laws were not Laws in that they were Senatusconsulta or propos'd by the Senat but in that they were allow'd by JUSTINIAN or the Prince in whom was now the right of the People Wherfore the Zealot for Monarchy has made a pas de clerc or foul step in his procession where he argues thus out of CUJACIUS It was soon agreed that the distinct Decrees of the Senat and People should be extended to the nature of Laws therfore the distinct Decrees of the Senat are Laws whether it be so agreed by the People or by the Prince or no. For thus he has no sooner made his Prince than he kicks him heels over head seeing where the Decrees of the Senat are Laws without the King that same is as much a King as the Prevaricator a Politician A Law is that which was past by the Power of the People or of the King But out of the Light in this place he takes a Welsh Bait and Consid p. 32. looking back makes a muster of his Victorys like the bussing Gascon who to shew what he had thrown out of the windows in his Debauchery made a formal repetition of the whole Inventory of the House CHAP. VII Chap. 7 Whether the Ten Commandments were propos'd by GOD or MOSES and voted by the People of Israel ONE would think the Gascon had don well Is he satisfy'd No he will now throw the House out of the windows The principal Consid p. 33 35. stones being already taken from the Foundation he has a bag of certain Winds wherwithal to reverse the Superstructures The first Wind he lets go is but a Puff where he tells me that I bring Switzerland and Holland into the enumeration of the Heathen Commonwealths which if I had don their Libertys in many parts and places being more antient than the Christian Religion in those Countrys as is plain by TACITUS where he speaks of CIVILIS and of the Customs of the Germans I had neither wrong'd them nor my self but I do no such matter for having enumerated the Heathen Commonwealths I add that the Procedings of Holland and Switzerland tho after a more obscure Oceana p. 51. manner are of the like nature The next is a Storm while reproaching me with Rudeness he brings in Dr. FERN and the Clergy by head and shoulders who till they undertake the quarrel of Monarchy to the confusion of the Commonwealth of Israel at least so far that there be no weight or obligation in
to shew that the Lot is of Popular Institution quotes ARISTOTLE and yet Arist Pol. B. 6. c. 2. when he coms to speak of the Lots that were cast at the Election of MATTHIAS says it was that it might appear not whom the Multitude De Imp. S. P. c. 10. but whom God had ordain'd as if the Magistrat lawfully elected by the People were not elected by God or that the Lot which thus falls into the lap were not at the disposing of the Lord. But if the League by which the People receiv'd DAVID into the Throne or the Votes by which first the People of Jerusalem and afterwards the Congregation of Israel as was shewn in the former Book made SOLOMON King were of the Lord then Election by the People was of the Lord and the Magistrat that was elected by the Chirotonia of the People was elected by the Chirotonia of God for as the Congregation of Israel is call'd in Scripture 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Ecclesia or Congregation Judges 20. of God so the Chirotonia of this Congregation is call'd by JOSEPHUS 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Chirotonia of God who as I noted Jos l. 4. before out of CAPELLUS was in this Commonwealth Political King or Civil Legislator Sans comparaison as SOLON in Athens and ROMULUS in Rome that is to propose to the People Haec est lex quam MOSES proposuit and whatever was propos'd by God or the lawful Magistrat under him and chirotoniz'd or voted by the People was Law in Israel and no other Nay and the People had not only power to reject any Law that was thus propos'd but to repeal any Law that was thus enacted for if God intending Popular Government should have ordain'd it otherwise he must have contradicted Book II himself wherfore he plainly acknowleges to them this power where Josephus l. 6. c. 5. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 they rejected him whom they had formerly chirotoniz'd or chosen King that he should not reign over them and elected SAUL This if God had withstood by his Power he must have introduc'd that kind of Monarchy which he had declar'd against wherfore he chose rather to abandon this sottish and ingrateful People to the most inextricable yoke of deserv'd slavery telling them when he had warn'd them and they would not hear him that they should cry to him and he would not hear them one tittle of whose words pass'd not unfulfil'd BY this time I have shewn that all the Civil Magistrats in Israel were chosen by the Chirotonia of the People or to follow JOSEPHUS by the Chirotonia of God which is all one for the Chirotonia of the President of the Congregation as I have instanc'd in that of the Proedri of the Thesmothetae of the Consuls of the Tribuns and the Chirotonia of the Congregation is the same thing and of the Congregation of Israel God except only at the voting of a King was President TO com then from the Civil Magistrats to the Priests and Levits these were chosen in two ways either by the Lot or by the Chirotonia THE office and dignity of the High Priest being the greatest in Israel and by the institution to be hereditary caus'd great disputes in the Election to this MOSES by the command of God had design'd AARON his Brother which Designation the Command of God being at first either not so obvious as that relation or the ambition of others so blind that they could not or would not see it caus'd great combustion First thro the conspiracy of KORAH DATHAN and ABIRAM and next by the murmuring of the Princes of the Tribes all emulous of this Honor. KORAH being not only a great Numb 16. Josephus l. 4. man but of the Tribe of Levi could not see why he was not as worthy of the Priesthood consideration had of his Tribe as AARON and if any other Tribe might pretend to it DATHAN and ABIRAM being descended from REUBEN were not only of the elder House but troubl'd to see a younger prefer'd before them Wherfore these having gain'd to their party three hundred of the most powerful men of the Congregation accus'd MOSES of affecting Tyranny and doing those things which threaten'd the Liberty of the Commonwealth as under pretence of Divination to blind the eys of the People preferring his Brother to the Priesthood without the Suffrage of the Congregation of which charge MOSES acquitting himself in the Congregation tells the People that AARON was chosen both by God and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by their Suffrages which KORAH being upon this occasion miraculously destroy'd were therupon once more given by the People Nevertheless the Princes of the Tribes continuing still discontented and full of murmur God decided the Controversy by a second miracle the budding of AARON 's Rod and so 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 being thrice confirm'd by the Chirotonia of God he was confirm'd in that honor Now that the Chirotonia of God in this place of JOSEPHUS signifys the Chirotonia of the 1 Chron. â—9 22. People is plain by that in Scripture where they made SOLOMON King and ZADOCK to be Priest After the Captivity as in other things so in this power the Sanhedrim came as I conceive Chap. 3 to overreach the People JOSHUA the Son of JOSEDECH being thus elected High Priest by the Sanhedrim and this Honor thenceforth Grot ad Hag. 1. 1. Joseph de Bel Jud. l. 4. Maimon Hal. Cele Hamikdasch cap. 4 5. 2 Chron. 24. 5. 25. 8. 26. 13. as appears by MAIMONIDES being at the disposing of this Court Nor could any inferior Priest serve at the Altar except he had acquir'd that right by the Lot as is not only deliver'd by the same Author and by JOSEPHUS but in Scripture Now the Lot as was shewn giving no Prerogative either to any person or party is as popular an Institution as the Chirotonia So in election of Priests the Orders of Israel differ'd not from human Prudence nor those of other Commonwealths the Priest of JUPITER having bin elected after the same manner in the Commonwealth of Syracusa the Augustales and the Vestals in that of Rome and if the right of bearing holy Magistracy being in Israel confin'd to one Tribe or Order may seem to make any difference it was for som time no otherwise in Athens nor in Rome where the Patricians or Nobility assum'd these Offices or the greatest of them to themselves till the People in those Citys disputed that Custom as introduc'd without their consent which the People of Israel could not fairly do because it was introduc'd by their consent TO com to the Levits in their original Ordination God commanded MOSES saying Thou shalt bring the Levits before the Tabernacle Numb 8. 9 10. of the Congregation and thou shalt gather the whole assembly of the Children of Israel and they shall put their hands upon the Levits This in the sound of the words may seem to imply the
as assistants or to the deriving of any successive Office from one to another Thus when MOSES had from Heaven receiv'd and long us'd his Commission to be under God the Ruler of the People the seventy Elders were by God's appointment assum'd to assist him Numb 11. 17. it being certain from the Jewish Writings tho the sacred Scripture has no occasion to mention it that the succession of the seventy Elders under the name of Sanhedrim or Council was continu'd thro all Ages by their creating others in the place of those that dy'd by this Ceremony of Imposition of Hands To this purpose are the clear words of MAIMONIDES Tit. Sanhed c. 4. MOSES our Master created the seventy Elders by Imposition of hands and the Divine Majesty rested on them and those Elders impos'd Hands on others and others on others c. So a little before the departure of MOSES out of this life when a Successor was to be provided for him God commands him to take JOSHUA and lay his hands upon Numb 27. 18 23. him And MOSES laid his hands upon him and gave him a Charge as the Lord commanded by the hand of MOSES that is deriv'd to him by this Ceremony the Authority which himself had and constituted him his Successor in that Government And so it is repeated JOSHUA Deut. 34. 9. was full of the spirit of Wisdom for MOSES had laid his Hands upon him THIS is the Doctor 's deduction of the Chirothesia or Ordination by the laying on of Hands from the Commonwealth of Israel and says he from the three Vses of this Ceremony there that is first in praying for another secondly in paternal benediction thirdly in creating Successors in power either in whole or in part derive three sorts of things in the New Testament to which this Ceremony of laying on of Hands is Book II accommodated That of Prayer simply taken was of two sorts either for the cure of Diseases or pardoning of Sins For Diseases They shall Mar. 16. 18. lay hands on the sick and they shall recover For Sins they were don away also by this Ceremony in the absolution of Penitents to which belongs 1 Tim. 5. 22. that Exhortation of PAUL to TIMOTHY Lay hands suddenly on no man that is not without due examination and proof of his Penitence lest thou be partaker of other mens Sins From the second that of Paternal Mar. 10. 16. Benediction was borrow'd first that of blessing Infants with the Ceremony of Imposition of Hands as it differ'd from Baptism And secondly that of confirming those of fuller age that had bin formerly baptiz'd Lastly to the creating Successors in any Power or communicating any part of Power to others as to Assistants is answerable that Imposition of Hands in Ordination so often mention'd in the New Testament somtimes in Acts 6. 6. the lower degree as in the ordaining of Deacons elswhere in the highest degree setting Governors over particular Churches as generally when by that laying on of Hands it is said they receiv'd the Holy Ghost wheras the Holy Ghost contains all the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 requir'd to the pastoral Luke 24. 49. Function and so signifys Power from on high the Authority and Function it self so it be given by Imposition of Hands makes the parallel exact between this of Christian Ordination and that observ'd in the creating Successors in the Jewish Sanhedrim So far the Doctor Deut. 1. NOW say I if the Scripture be silent as to the Ordination of the Elders in Israel what means that place Take ye wise men and understanding and known among your Tribes and I will make them Rulers over Numb 11. you Once in their lives let them give us the sense of it or of that other where ELDAD and MEDAD are of those that were written and yet went not up to the Tabernacle Otherwise that we hear no more of these is from the silence of Divines and not of the Scripture But if the Scripture be not silent in this point is there not a great deal of fancy in going on to cure the Sick to pardon Sins to bless Infants confirm the Baptiz'd ordain Ministers nay give the Holy Ghost and all the Graces belonging to the pastoral Function from a place that has no such thing in it for if the Sanhedrim according to Scripture were not ordain'd by the Chirothesia there is no such thing to be deriv'd by the Chirothesia from the Sanhedrim The first Chirotonia indeed of the Sanhedrim was accompany'd with miraculous indowments wherfore if they will derive these Gifts and Graces from the Sanhedrim why are they sworn Enemies to the Chirotonia Again the Sanhedrim was a Civil Court or Senat wherfore then by this Title should not these Gifts and Graces be rather pretended to by the Civil Magistrat than by Divines what becoms of the Priest AARON and his Lots is he left to the Civil Magistrat while Divines derive themselves from General JOSHUA and his Chirothesia But if the Sanhedrim and inferior Judicatorys were otherwise ordain'd originally then no Magistrat in Israel was originally ordain'd by the Chirothesia but only JOSHUA It is admirable that Divines should look upon God as if in the institution of a Commonwealth he had no regard at all to human Prudence but was altogether fix'd upon their vain advantages Who made human Prudence or to what end was it made Any man that understands the Politics and considers that God was now proceding according to this Art as in his constitution of the Senat and of the People or Congregation is most obvious must needs see that this Power he indulg'd to MOSES of making his own choice of one man could not possibly be intended as a permanent Constitution Chap. 4 for wheras he intended Popular Government nothing is plainer than that a People not electing their own Magistrats can have no Popular Government How absurd is it to conceive that God having already made an express Law that the People if at any time they came under Monarchy should yet have the election of their King would now make a Law that the People being under a Commonwealth should no longer have the election of their Magistrats For who sees not that to introduce the Chirothesia as a standing Ordinance had bin to bar the People of this power Israel at this time tho design'd for a Common-wealth had no Land no foundation to balance her self upon but was an Army in a Wilderness incompass'd about with Enemys To permit to the People in this case the choice of all their Civil Magistrats was nevertheless safe enough nay best of all for at the election of wise men and understanding and known among their Tribes so far as was needful to civil administration their skill must needs have bin at any time sufficient but the Commonwealth was yet in absolute necessity of a Protector and of Dictatorian Power Now to know who was fittest in this case
Liberty of the People which sense also is imply'd by their upbraiding him in Scripture Is it a small thing that thou hast Numb 16. 13. brought us up out of the Land that flows with Milk and Hony to kill us in the Wilderness except thou makest thy self altogether a Prince over us But wheras the Scripture in all this presumes these Incendiarys to have That Moses was no King bely'd MOSES som will have all they thus laid to his charge to be no more but less than truth in as much as they will needs have MOSES not only to have bin a King but to have bin a King exercising Arbitrary Power and such Arbitrary Power as being without any bounds fully amounts to Tyranny Sect. 2 That Moses propos'd his Laws to the People and their Suffrage THE word King is not a sufficient definition of the Magistrat so stil'd Between a Lacedemonian King and a Persian King or between either of these and a King of England there was a vast difference Both the Kings in Lacedemon were but as one Duke in Venice The Venetians therfore if it had so pleas'd them might as well have call'd their Duke a King Certainly it is that he is not so much in the Commonwealth as are a few of his Counsillors and yet all Acts of the Government run in his name as if there were no Common-wealth Deut. 34. 4. In what sense Moses may be call'd a King IT is said according to our Translation MOSES commanded us a Law c. according to the Original MOSES propos'd or gave us a Law which is an Inheritance to the Congregation of JACOB The Duke of Venice has a right to propose or give Law in the Congregation or great Council of Venice where he who sees him sitting would believe he were a King And if MOSES were King in Jesurun Ver. 5. or Israel it was when the Heads of the People and the Tribes of Israel were gather'd together PAUL epitomizing the story of the Acts 13. People of Israel in his Sermon to the Antiochian Jews shews how God chose their Fathers exalted the People destroy'd for their sakes seven Nations in the Land of Canaan and divided their Land to them by Lots but speaks not a word of any King given to them till expresly after their Judges But if MOSES were a King yet that he did not propose but command by his power the Laws which he gave to Israel dos not follow For DAVID was a King who nevertheless did no otherwise make any Law than by Proposition to the People and their â— Chron. 13. free Suffrage upon it DAVID consulted with the Captains of thousands and hundreds and with every Leader of which Military Disciplin of the Congregation of Israel more in due place will be shewn and DAVID said to all the Congregation If it seems good to you and that it be of the Lord our God tho he was a King and a man after God's own heart he makes the People Judges what was of God let us send abroad to our Brethren every where that are left in all the Land of Israel and with them also to the Priests and Levits that are in their Citys and Suburbs that they to the end this thing may be perform'd with the greatest solemnity may gather themselves to us and let us bring the Ark of God to us for we inquir'd not at it in the days of SAUL 1 Sam. 4. In the days of ELI the Ark was taken by the Philistins who being smitten till there was a deadly destruction throout all the City and their Divines attributing the cause therof to the detention of the Ark after seven months sent it to Bethshemesh whence it was brought to Kirjath-jearim and there lodg'd in the house of AMINADAB before SAUL was King where it remain'd till such time as DAVID propos'd in the manner shewn to the People the reduction of the same Upon this Proposition the People giving Suffrage are unanimous Chap. 1 in their result All the Congregation said that they would do so not 1 Chron. 13. 4. that they could do no otherwise by a King for they did not the like by REHOBOAM but that the thing was right in the eys of all the People Moreover DAVID and the Captains of the Host separated to Chap. 25. the Service som of the Sons of ASAPH and of HEMAN and of JEDUTHUN who should prophesy with Harps with Psalterys and with Cymbals that is propos'd these Laws for Church Disciplin or Offices of the Priests and Levits to the same Representative of the People of which more in other places Thus much in this to shew that if MOSES were a King it dos not follow that he propos'd not his Laws to a Congregation of the People having the power of Result To say that the Laws propos'd by MOSES were the Dictat of GOD is not to evade but to confirm the necessity of proposing them to the People seeing the Laws or Dictats of GOD or of CHRIST can no otherwise be effectually receiv'd or imbrac'd by a People or by a privat man than by the free suffrage of the Soul or Conscience and not by Force or Rewards which may as well establish the Laws of the Devil That there lay no appeal from the 70 Elders to Moses Numb 11. 16. BUT for another way such a one as it is of crowning MOSES Sect. 3 som are positive that there lay an appeal from the seventy Elders to Him Now the Command of God to MOSES for the institution of the Seventy is this Gather to me seventy men of the Elders of Israel that they may stand with thee Upon which words let me ask whether had MOSES thenceforth a distinct or a joint political Capacity If the Seventy stood with MOSES or it were a joint Capacity then MOSES was no King in their sense and if it were distinct then lay there to MOSES no appeal even by his own Law for thus in the case of Appeals it is by him directed If there arises a Controversy too Deut. 6. hard for thee in Judgment thou shalt com to the Priests and Levits that is to the seventy Elders According to the sentence of the Law which they shall tell thee thou shalt do And the man that will do presumtuously and will not hearken even that man shall dy In which words all color of appeal from the seventy Elders is excluded BUT whether MOSES were a King or no King either his Sect. 4 Power was more than that of King DAVID or without proposition to and result of the People it is plain that he could pass no Law Now the Senat Sanhedrim or seventy Elders came in the place of MOSES or stood with him therfore their Power could be no more than was that of MOSES So that if the Power of MOSES were never more in the point of Lawgiving than to propose to the People then the power of the Sanhedrim
could be no more in the point of Lawgiving than to propose to the People Nor will it be found in Scripture that the Sanhedrim ever made any Law without the People yet it is found in Scripture that the People made a Law without the Sanhedrim or levy'd War without them which is all one for where there is a power to levy War there will be the power of making Law And the occasion upon which this is found is the War levy'd against BENJAMIN by the Congregation consisting of four hundred Judg. 20. thousand Again If the Sanhedrim inherited the whole power of MOSES and yet had no larger power in Lawmaking than to propose to the People then had MOSES never any larger power in Law-making than to propose to the People Now where there is no King Book II or no King in a distinct capacity from the Senat and where the Senat has no farther power in Lawmaking than to propose to the free suffrage of the People the Government there is a Commonwealth Thus having shewn that Israel was a Commonwealth I com next to shew what Commonwealth Israel was CHAP. II. Shewing what Commonwealth Israel was Sect. 1 Division of the Children of Israel first Genealogical ALL Political Methods that are collective of the People must necessarily begin with a distribution or division of the People FOR the division of the People of Israel it was first Genealogical and then local Now these are the Names of the Ancestors of the Exod. 1. Tribes or of the Children of Israel which came into Egypt every man and his Houshold came with JACOB REUBEN SIMEON LEVI and JUDAH ISSACHAR ZEBULUN and BENJAMIN DAN and NAPHTALI GAD and ASHER These being eleven in number were the Sons of JACOB who had also one more Gen. 41. 50 51 52. namely JOSEPH And to JOSEPH were born two Sons before the years of Famin came which ASENAH the Daughter of POTIPHERAH Priest of On bore to him And JOSEPH call'd the name of the first-born MANASSEH and the name of the second call'd he EPHRAIM Which two tho but Grandchildren were adopted by JACOB for Gen. 48. 16. his Sons in these words Let my name be nam'd on them and the name of my Fathers ABRAHAM and ISAAC and let them grow into a multitude in the midst of the Earth From which addition to the former came the Tribes of Israel genealogically reckon'd to be in number thirteen In the genealogical distribution of the Tribes there were also observ'd certain Ranks Qualitys or Degrees as appears by the Poll Num. 1. made of Israel in the Wilderness of Sinai and in the Tabernacle of the Congregation by MOSES These Degrees were of two sorts first Phylarchs or Princes of Tribes and secondly Patriarchs or Princes of Familys all hereditary Honors and pertaining to the Firstborn of the Tribe or of the Family respectively That this Poll be more perfectly understood will be useful for which cause I shall be somwhat more particular First for the Phylarchs or Princes of the Tribes and then for the Patriarchs or Princes of Familys To begin with the Princes of the Tribes Sect. 2 Num. 1. 17 18. Of the Princes of â—â—ibes or the Muster Roll in Sinai MOSES and AARON assembl'd the Congregation or political Convention of the People together on the first day of the second month after their Familys by the house of their Fathers according to the number of the names from twenty years old and upward by the poll Where every Phylarch or Prince of a Tribe with the number of men at the age mention'd and upward throout his Tribe are listed much after this manner 1. OF the Tribe of REUBEN ELIZUR Prince The men of military age in his Tribe forty six thousand five hundred 2. OF the Tribe of SIMEON SHELAMIEL Prince The men of military age in his Tribe fifty nine thousand three hundred 3. OF the Tribe of JUDAH NASHON Prince The men of military Chap. 2 age in his Tribe threescore and fourteen thousand six hundred 4. OF the Tribe of ISSACHAR NETHANIEL Prince The men of military age in his Tribe fifty four thousand four hundred 5. OF the Tribe of ZEBULUN ELIAB Prince The men of military age in his Tribe fifty seven thousand four hundred 6. OF the Tribe of EPHRAIM ELISHAMA Prince The men of military age in his Tribe forty thousand five hundred 7. OF the Tribe of MANASSEH GEMALIEL Prince The men of military age in his Tribe thirty two thousand two hundred 8. OF the Tribe of BENJAMIN ABIDAN Prince The men of military age in his Tribe thirty five thousand four hundred 9. OF the Tribe of DAN AHIEZER Prince The men of military age in his Tribe threescore and two thousand seven hundred 10. OF the Tribe of ASHER PAGIEL Prince The men of military age in his Tribe forty one thousand five hundred 11. OF the Tribe of GAD ELIASAPH Prince The men of military age in his Tribe forty five thousand six hundred and fifty 12. OF the Tribe of NAPHTALI AHIRA Prince The men of military age in his Tribe fifty three thousand four hundred THE total sum of which Musterroll in the twelve Tribes amounts to Princes twelve and men of military age six hundred three thousand five hundred and fifty besides the Levits The Levits Call Order or Tribe Num. 3. 12 13. ALL the firstborn says God are mine In which words is imply'd Sect. 3 that the Priesthood or right of preaching instructing or administring divine things belong'd as it were of natural right to Fathers of Familys or the Firstborn till the Lord took the Levits from among the Children of Israel instead of the Firstborn These being thus taken were set apart and so listed by themselves to omit their several Familys Functions and Orders in the service of the Tabernacle and afterwards of the Temple which would require a Volum much after this manner OF the Tribe of LEVI AARON High Priest The number of all the Males of this Tribe from a month old and upwards twenty v. 39. and two thousand The manner how God took the Levits is thus express'd Thou shalt bring the Levits before the Tabernacle of the Congregation Num. 8. 9 10 11 12. and thou shalt gather the whole Assembly together and the Children of Israel after the manner that the Levits lay their hands upon the Bullocks or Sacrifice shall put their hands upon the Levits in token that they are sacrific'd or separated by the free suffrage of the People to the Lord. For lest the suffrage of the People be thought hereby to have bin excluded so DAVID and the Captains of the Host or Army 1 Chr. 25. which Army was the Representative of the People separated to the service som of the Sons of ASAPH of HEMAN and of JEDUTHUN who should prophesy with Harps But of the Congregations of the People more in due place The Military Orders Grot. ad Num. 10.
introduc'd by Christ into his Church Matth. 19. 28. WE do not find that CHRIST who gave little countenance to Sect. 1 the Jewish Traditions ordain'd his Apostles or Disciples by the imposition of hands his Apostles were twelve whom he compares to the twelve Princes of the Tribes of Israel and his Disciples were seventy in which number it is receiv'd by Divines that he alluded to the seventy Elders or Sanhedrim of Israel So thus far the Government of the Church instituted by CHRIST was according to the form instituted by MOSES But CHRIST in this form was King and Priest not after the institution of MOSES who separated the Levits to the Priesthood but as before MOSES when the Royal and Priestly Vid. Grotium videat Grotius in Epist ad Hebraeos Function were not separated and after the order or manner of MELCHISEDEC who came not to the Priesthood by proving his Pedegree as the High Priest in Israel by Father or as the King Priest in Athens by Mother but without Father and Mother Or be what has bin said of MELCHISEDEC approv'd or rejected such for the rest as has bin shewn was the form introduc'd by CHRIST into his Church The first way of Ordination Acts 1. CHRIST being taken up into Heaven his Disciples or Followers Sect. 2 in Jerusalem increas'd to about one hundred and twenty names and the Apostles decreas'd by one or by JUDAS who was gon to his place PETER whether upon the Counsil or Determination of the eleven Apostles as is most probable beforehand or otherwise stood up and spoke both to the Apostles and Disciples assembl'd upon this occasion That one out of the present Assembly might be ordain'd an Apostle and they that is the Congregation or why was this propos'd to them appointed two by Suffrage for how otherwise can an Assembly appoint These were BARSABAS and MATTHIAS which Names being written in scrols were cast into one Urn two Lots wherof one was a blank and the other inscrib'd with the word Apostle being at the same time cast into another Urn. Which don they pray'd that God would shew which of the Competitors by them so made he had chosen when they had thus pray'd they gave forth their Lots that is a scrol out of the one Urn and then a name to that scrol out of the other Urn and the Lot fell upon MATTHIAS or MATTHIAS was taken wherupon MATTHIAS was number'd or rather decreed with the eleven Apostles For * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Psephisma being a word which properly derives from such Stones or Pebbles as popular Assemblys of old were wont to ballot with or give suffrage by not only signifys a Decree but especially such a Decree as is made by a popular Assembly Now if this was Ordination in the Christian Church and of Apostolical Right then may there be a way of Ordination in the Christian Church and of Apostolical Right exactly conformable to the Ballot or way us'd by MOSES in the institution of the seventy Elders or Sanhedrim of Israel Book II AFTER the conversion of som thousands more most if not all Sect. 3 of which were Jews a People tho converted yet so tenacious of their The second way of Ordination Acts 4. 4. Laws and Customs that even Circumcision hitherto not forbidden by the Apostles was continu'd among them the twelve Apostles call'd the multitude of Disciples to them So MOSES when he had any thing Acts 6. to propose assembl'd the People of Israel And when the twelve had thus call'd the Disciples they said Look ye out among you seven men of honest report full of the Holy Ghost and Wisdom whom we may appoint over this business So MOSES said to the Congregation of Israel Take ye wise men and understanding and known among your Tribes and I will make them Rulers over you And the saying of the Apostles pleas'd the whole multitude So the People of Israel were wont to answer to MOSES The thing which thou sayst is good for us to do This saying of the Apostles being thought good by the whole multitude the whole multitude elected seven men whom they set before the Apostles and when they had pray'd they laid their hands on them To say in this place as they do that the Act of the People was but a Presentation and that the Apostles had power to admit or refuse the Persons so presented is as if one should say That the act of electing Parlament men by the People of England was but a Presentation and that the King had power to admit or refuse the Persons so presented And seeing the Deacons henceforth had charge of the Word to say that by this choice the Deacons receiv'd not the charge of the Word but the care to serve Tables is as if one should say That Parlament men by their Election receiv'd only the care to levy Mony or Provision for the King's Table but if upon such Election they debated also concerning Laws that Power they receiv'd from the King only BUT if this was a way of Ordination in the Christian Church and of Apostolical Right then there may be a way of Ordination in the Christian Church and of Apostolical Right consisting in part of the Orders of the Israelitish Commonwealth and in part of the Orders of the Jewish Commonwealth Sect. 4 The third way of Ordination 1 Tim. 4. 14. LASTLY PAUL writing to TIMOTHY concerning his Ordination has in one place this expression Neglect not the Gift that is in thee which was given thee by prophesy with the laying on of the hands of the Presbytery So the Presbytery of a Jewish Synagog laid their hands on 2 Tim. 1. 6. the Party ordain'd And in another place he has this expression Stir up the Gift of God which is in thee by the laying on of my hands So the Ruler of a Jewish Synagog did lay his hands also on the Party ordain'd Moreover the Apostle in these words The Gift that is in thee by laying on of hands tho in relation to Gifts beyond comparison more excellent uses the Phrase known upon the like occasion to have bin common with the Jews Wherfore if this were a way of Ordination in the Christian Church and of Apostolical Right then may there be a way of Ordination in the Christian Church exactly conformable to the Jewish Commonwealth and yet be of Apostolical Right Nor is it so strange that the Apostles in matters of this nature should comply with the Jews of which so many were converted seeing it is certain that not only the Apostles but all such as in these times were converted did observe the Jewish Sabbath nay and that PAUL himself took TIMOTHY and circumcis'd him because of the Jews that is to comply with them or to give them no offence Nor do our Divines any where pretend imposition of hands to be deriv'd from CHRIST but unanimously confess that it was taken up by the Apostles from the
Result in every Government is the Law in that Government 5. IN absolute Monarchy the ultimat Result is in the Monarch 6. IN Aristocracy or regulated Monarchy the ultimat Result is in the Lords or Peers or not without them 7. IN Democracy the ultimat Result is in the People 8. LAW in absolute Monarchy holds such a disproportion to natural Equity as the Interest of one Man to the Interest of all Mankind 9. LAW in Aristocracy holds such a disproportion to natural Equity as the Interest of a few Men to the Interest of all Mankind 10. LAW in Democracy holds such a disproportion to natural Equity as the Interest of a Nation to the Interest of all Mankind 11. ONE Government has much nearer approaches to natural Equity than another but in case natural Equity and Selfpreservation com in competition so natural is Selfpreservation to every Creature that in that case no one Government has any more regard to natural Equity than another 12. A Man may devote himself to death or destruction to save a Nation but no Nation will devote it self to death or destruction to save Mankind 13. MACCHIAVEL is decry'd for saying that no consideration is to be had of what is just or injust of what is merciful or cruel of what is honorable or ignominious in case it be to save a State or to preserve Liberty which as to the manner of expression is crudely spoken But to imagin that a Nation will devote it self to death or destruction any more upon Faith given or an Ingagement therto tending than if there had bin no such Ingagement made or Faith given were nor piety but folly 14. WHERSOEVER the power of making Law is there only is the power of interpreting the Law so made 15. GOD who has given his Law to the Soul of that man who shall voluntarily receive it is the only Interpreter of his Law to that Soul such at least is the judgment of Democracy With absolute Monarchy and with Aristocracy it is an innat Maxim That the People are to be deceiv'd in two things their RELIGION and their LAW Chap. IX or that the Church orthemselves are Interpreters of all Scripture as the Priests were antiently of the Sibyls Books FORM of Government as to the Legal part being thus completed is sum'd up in the three following Aphorisms 16. ABSOLUTE Monarchy for the Legal part of the Form consists of such Laws as it pretends God has deliver'd or given the King and Priests power to interpret or it consists of such Laws as the Monarch shall chuse or has chosen 17. ARISTOCRACY for the Legal part of the Form consists of such Laws as the Nobility shall chuse or have chosen or of such as the People shall chuse or have chosen provided they be agreed to by their Lords or by the King and their Lords 18. DEMOCRACY for the Legal part of the Form consists of such Laws as the People with the advice of their Council or of the Senat shall chuse or have chosen CHAP. IX Of Form in the Judicial part 1. MULTIPLICITY of Laws being a multiplicity of Snares for the People causes Corruption of Government 2. PAUCITY of Laws requires arbitrary Power in Courts or Judicatorys 3. ARBITRARY Power in reference to Laws is of three kinds 1 In making altering abrogating or interpreting of Laws which belong to the Soverain Power 2 In applying Laws to Cases which are never any one like another 3 In reconciling the Laws among themselves 4. THERE is no difficulty at all in judging of any case whatsoever according to natural Equity 5. ARBITRARY Power makes any man a competent Judg for his Knowlege but leaving him to his own Interest which oftentimes is contrary to Justice makes him also an incompetent Judg in regard that he may be partial 6. PARTIALITY is the cause why Laws pretend to abhor Arbitrary Power nevertheless seeing that not one case is altogether like another there must in every Judicatory be som arbitrary Power 7. PAUCITY of Laws causes arbitrary Power in applying them and Multiplicity of Laws causes arbitrary Power in reconciling and applying them too 8. ARBITRARY Power where it can do no wrong dos the greatest right because no Law can ever be so fram'd but that without arbitrary Power it may do wrong 9. ARBITRARY Power going upon the Interest of One or of a Few makes not a just Judicatory 10. ARBITRARY Power going upon the Interest of the whole People makes a just Judicatory 11. ALL Judicatorys and Laws which have bin made by Arbitrary Power allow of the Interpretation of Arbitrary Power and acknowlege an appeal from themselves to it 12. THAT Law which leaves the least arbitrary Power to the Chap. IX Judg or Judicatory is the most perfect Law 13. LAWS that are the fewest plainest and briefest leave the least arbitrary Power to the Judg or Judicatory and being a Light to the People make the most incorrupt Government 14. LAWS that are perplext intricat tedious and voluminous leave the greatest arbitrary Power to the Judg or Judicatory and raining snares on the People make the most corrupt Government 15. SEEING no Law can be so perfect as not to leave arbitrary Power to the Judicatory that is the best Constitution of a Judicatory where arbitrary Power can do the least hurt and the worst Constitution of a Judicatory is where arbitrary Power can do the most ill 16. ARBITRARY Power in one Judg dos the most in a few Judges dos less and in a multitude of Judges dos the least hurt 17. THE ultimat Appeal from all inferior Judicatorys is to som soverain Judg or Judicatory 18. THE ultimat Result in every Government as in absolute Monarchy the Monarch in Aristocracy or Aristocratical Monarchy the Peers in Democracy the Popular Assembly is a soverain Judg or Judicatory that is arbitrary 19. ARBITRARY Power in Judicatorys is not such as makes no use of the Law but such by which there is a right use to be made of the Laws 20. THAT Judicatory where the Judg or Judges are not obnoxious to Partiality or privat Interest cannot make a wrong use of Power 21. THAT Judicatory that cannot make a wrong use of Power must make a right use of Law 22. EVERY Judicatory consistâ— of a Judg or som Judges without a Jury or of a Jury on the Bench without any other Judg or Judges or of a Judg or Judges on the Bench with a Jury at the Bar. FORM of Government as to the Judicial part being thus completed is sum'd up in the three following Aphorisms 23. ABSOLUTE Monarchy for the Judicial part of the Form admits not of any Jury but is of som such kind as a Cadee or Judg in a City or as we say in a Hundred with an Appeal to a Cadaliskar or a Judg in a Province from whom also there lys an Appeal to the Mâ—phti who is at the devotion of the Grand Signor or of the Monarch 24. ARISTOCRACY or Aristocratical
quality in every Tribe have about ten thousand pounds a year given to him and his Heirs with the hereditary Dignity of Prince of his Tribe THAT som ten other men of the next quality under the Prince in every Tribe have about two thousand pounds a year in the same given to each of them and their Heirs with the hereditary Dignity of Patriarchs or Chief of the Fathers THAT the remaining part of the Lands except forty eight Citys and their Suburbs be distributed to the whole People equally by Lots THAT it be not lawful for any Prince Patriarch or other to sell or alienat his Land or any part therof in such manner but that upon every fiftieth year being for this cause a year of Jubile all Lands within that compass sold or alienated return to the antient Possessors or lawful Heirs THAT there be one other Tribe added to the twelve that this Tribe so added be not local nor suffer'd to have any Lands at all except the forty eight Citys above reserv'd with their Suburbs that is with a quantity of Land to each of them being in depth two thousand Cubits round That these be settl'd upon them and their Heirs for ever besides the annual Tithe of the whole Territory and a piece of Mony every year upon every Head under the notion of an Offering in regard that other Offerings are now unlawful and that this Tribe consist of Clergy having one hereditary Archbishop or High Priest for the Head and Prince of their Tribe THAT there be no other Law than that of the Word of God only and that the Clergy being best skill'd in this Law be eligible into all Courts of Justice all Magistracys and Offices whatsoever THAT the Prince of a Tribe together with one or more Courts consisting of twenty three Judges elected by the People of that Tribe for life be the Government of the same THAT the People of the twelve local Divisions take by the Ballot wise men and understanding among their Tribes and of these constitute a Senat for the whole Commonwealth consisting of seventy Elders for life THAT every local Tribe monthly elect two thousand of their own number and that these Elections amounting in all to four and twenty thousand assemble at the Metropolis or Capital City and be the monthly Representative of the People THAT the Senat be a standing Judicatory of Appeal from all other Courts with power to shew the Sentence of the Laws of God THAT besides the Law of God whatever shall be propos'd by the seventy Elders and resolv'd by the monthly Representative of the People be the Law of the Land A SECOND MODEL OF A COMMONWEALTH PROPOS'D THAT there be a King without Guards THAT the Word or Command of this King be the Law THAT this King stirring out of his Palace it may be lawful for any man to slay him IN this Model there wants but Security that while the People are dispers'd the King can gather no Army to demonstrat That either the People must be free or the King a Prisoner A THIRD MODEL OF A COMMONWEALTH PROPOS'D The Commonwealth of Sparta THAT the Nobility the Gentry and the People having upon persuasion given up their Lands to the Public the whole Territory be divided into one hundred thousand equal Lots and two more being each of ten thousand Acres THAT the inferior Lots be distributed to the People THAT every man possessing a Lot be a Citizen THAT the rest except only the Children of Citizens be Servants to and Tillers of the ground for the Citizens THAT there be no profess'd Students THAT no Citizen exercise any Trade but that of Arms only and that the use of Mony except it be made of Iron be wholly banish'd THAT there be two Kings hereditary That each of them possess one of those Lots of ten thousand Acres THAT they be Presidents of the Senat with single Votes and that in War they have the leading of the Armys THAT there be a Senat consisting besides the Kings of twenty eight Senators elected for life by the People THAT whatever be propos'd by this Senat to the whole People or any ten thousand of them and shall be resolv'd by the same be the Law THAT there be a Court consisting of five annual Magistrats elected by the People and that this Court have power to bring a King a Senator or other that shall openly or secretly violat the Laws or invade the Government to Justice A FOURTH MODEL OF A COMMONWEALTH PROPOS'D The Commonwealth of Athens THAT there be a Representative of the People consisting of five thousand THAT these annually elect by lot a Senat consisting of four hundred and a Signory by suffrage consisting of nine annual Princes THAT each fourth part of the Senat for one fourth part of their annual term be a Council of State THAT the Council of State may assemble the Senat and propose to the same That the Senat may assemble the People and propose to them And that what is propos'd by the Senat and resolv'd by the People be the Law THAT the executive Power of the Laws made be more especially committed and distributed in various Functions and divers Administrations to the nine Princes A FIFTH MODEL OF A COMMONWEALTH PROPOS'D The Commonwealth of Rome THAT the whole Nation be divided into three distinct Orders the one Senatorian or Nobility the other Equestrian or Gentry and the third Plebeian or Popular THAT the Equestrian Order be the Cavalry of the Common-wealth and the Plebeian the Foot THAT there be a Senat consisting of the Senatorian Order and of three hundred Senators for life THAT there be two Magistrats elected by the People for five years term call'd Censors THAT the Censors have power upon cause shewn to remove a Senator out of the Senat and to elect a Nobleman or somtimes a Plebeian therby made Noble into the Senat. THAT there be two annual Magistrats elected by the People call'd Consuls THAT the Consuls be Presidents of the Senat and have the leading of the Armys THAT the Senat as they shall see occasion may nominat one person to be Dictator for som short term THAT the Dictator for his term have Soverain Power THAT there be a Division of the whole People of what Orders soever into six Classes according to the valuation of their Estates For example That the first Classis consist of all such as have two thousand pounds a year or upwards the second of all such as have one thousand pounds a year or upwards under two the third of all such as have six hundred pounds a year or upwards under one thousand the fourth of all such as have three hundred pounds a year or upwards under six hundred the fifth of all such as have under the former proportion the sixth of all such as pay no Taxes or have no Land and that these be not us'd in Arms. THAT the Senat propose all Laws to be enacted to an Assembly of the People
Paper his use and manner of the Ballot with a copper Cut in the middle representing such an Election in the great Assembly of the Commonwealth but 't is now inserted in its proper place in the body of Oceana Most of these contain Abridgments of his Model adapted to the various Circumstances and Occurrences of those times but containing likewise som Materials peculiar to themselves and for that reason thought fit to be printed a second time He did not write the Grounds and Reasons of Monarchy exemplify'd in the Scotish Line which Book is prefix'd to his Works but one JOHN HALL born in the City of Durham educated at Cambridg and a Student of Grays Inn. Being commanded by the Council of State of whom he had a yearly Pension to attend OLIVER into Scotland it occasion'd him to publish that Piece He wrote several other things in Prose and Verse and dy'd before he was full thirty lamented as a Prodigy of his Age. 29. HARRINGTON having thus exhausted all that could be written on this Subject he likewise indeavor'd to promote his Cause by public discourses at a nightly meeting of several curious Gentlemen in the New Palace Yard at Westminster This Club was call'd the Rota of which I shall give a short account from ANTHONY WOOD who mortally hated all Republicans and was as much prejudic'd in favor of the Royalists tho to his honor be it spoken he never deny'd justice to either side Their Discourses about Government says he and of ordering a Commonwealth were the most ingenious and smart that ever were heard for the Arguments in the Parlament house were but flat to those This Gang had a balloting Box and balloted how things should be carry'd by way of Essay which not being us'd or known in England before on this account the room was every evening very full Besides our Author and H. NEVIL who were the prime men of this Club were CYRIAC SKINNER Major WILDMAN Major VENNER CHARLES WOLSLEY afterwards knighted ROGER COKE the Author of the Detection of the four last Reigns WILLIAM POULTNEY afterwards made a Knight JOHN AUBRY MAXIMILIAN PETTY and Dr. PETTY who was afterwards Sir WILLIAM Sir JOHN HOSKYNS and a great many others som wherof are still living The Doctrin was very taking and the more because as to human foresight there was no possibility of the King's return The greatest of the Parlamentmen hated this Rotation and Balloting as being against their Power Eight or ten were for it of which number H. NEVIL was one who propos'd it to the House and made it out to the Members that except they imbrac'd that sort of Government they must be ruin'd The Model of it was that the third part of the Senat or House should rote out by Ballot every year not capable of being elected again for three years to com so that every ninth year the Senat would be wholly alter'd No Magistrat was to continue above three years and all to be chosen by the Ballot than which nothing could be invented more fair and impartial as 't was then thought tho oppos'd by many for several reasons This Club of Commonwealthsmen lasted till about the 21 st of Feb. 1659 at which time the secluded Members being restor'd by General GEORGE MONK all their Models vanish'd 30. WHEN the whole matter is duly consider'd it 's impossible a Commonwealth should have succeded in England at that time since CROMWEL who alone had the Power yet wanted the Will to set it up They were comparatively but very few that entertain'd such a Design from the beginning of the Troubles and as it usually happens a great part of these did afterwards desert their Principles being seduc'd by the Honors and Preferments wherby they were retain'd in the Service of the reigning Powers The body of the People were either exasperated on a religious account only to obtain that Liberty which they afterwards mutually deny'd each other or by the change of the Balance they grew weary of Monarchy and did not know it The Republicans indeed made an advantage of their Discontents to destroy the establish'd Government without acquainting 'em with their real Designs and when this was effectually don the People who had no settl'd Form in their view and thought all things safe by the Victory they had gain'd over the King and the Church fell in with what was first offer'd by those in whom they confided and would as well have accepted a better Government if they had bin manag'd by men of honest and public Designs But the Multitude can seel tho they cannot see Instead of injoying their desir'd Liberty they soon sound themselves under a most heavy Yoke which they naturally labor'd to shake off and yet in all the changes then made two things were remarkable that every one of 'em would be stil'd a Commonwealth and yet none of 'em would mend or take warning by the Errors of those that preceded but still continu'd to abuse the Nation and unnaturally to ingross the Government into a few hands The People being all this while told they were under a Common-wealth and not being able to see thro the deceit begun to think themselves mistaken in the choice they had made since their sufferings under these pretended Commonwealths were infinitly greater than what induc'd 'em to dissolve the former Monarchy In this condition the several Partys might as HARRINGTON us'd to say be fitly compar'd to a company of Puppydogs in a bag where finding themselves uneasy for want of room every one of 'em bites the tail or foot of the next supposing that to be the cause of his misery By this means whatever was said against a Commonwealth obtain'd ready belief as that it is the most seditious sort of Government and that instead of one Tyrant there are a great many who inrich themselves by laying intolerable Taxes on others All this and much more the People in England then experienc'd and therfore detesting their new Commonwealth they restor'd the old Monarchy But to do all Governments the Justice due from an impartial Historian they never had a Common-wealth but were interchangeably under Anarchy Tyranny and Oligarchy to which Commonwealths have ever bin the greatest enemys and have frequently lent their voluntary assistance to deliver other Nations from the like oppressions Thus the People of England came to hate the name of a Commonwealth without loving their Liberty the less 31. BUT to return whence we digress'd Our Author not concern'd in the excessive fears and hopes of those that favor'd or oppos'd the Restoration of CHARLES the Second continu'd to live in a peaceable manner at his one house demeaning himself as became a person blindly ingag'd to no Party or Factions But tho his Life was retir'd it was not solitary being frequented with people of all sorts som with a malicious design to fish somthing to his prejudice and others to gain advantage to themselves by his learned Conversation or to put him upon somthing
especially if lul'd asleep with som small continuance of Peace be it never so injust unsound or dangerous as if the Body Politic could not languish of an internal Disease tho its Complexion be fresh and chearful THOSE are the Reasons which if I conceive aright have stupify'd the less knowing part of Mankind Now how the more searching part have soodly miscarry'd will fall under consideration FIRST then we need not take the pains to demonstrat how easy a thing it is for men of Acuteness not conversant in Civil Affairs not only to miscarry in the Apprehension but even in their Judgment of them for they instead of bringing the Series and Reason of things into Rule and Method use on the contrary to measure them by their own presuppos'd Speculation and by that means becom incapable of weighing rightly the various Incidences and Circumstances of Business For it is to be observ'd that the Theorems of no Art or Profession are either more easily found or of more difficult practice than those of Policy so that it is no wonder if Men merely contemplative fail so oft in the very laying of Grounds as we shall anon instance Now how fruitful Daintys Error and Absurdity are we all know But more especially the Contentions of contemplative Men are most numerous various and endless for wrangling is with them an Art and they are indu'd with that ungenerous Shame never to acknowlege their Mistakes Moreover their Principles are most times ill-grounded and it is to be fear'd that in their Superstructures they as often call in their Imaginations as their Judgment to frame Arguments Besides these men fighting only with Pen Ink and Paper seldom arrive at a means to decide the Quarrel by which he that gains the last word is suppos'd Conqueror or the other leaves almost as inglorious a Conquest to the Victor as if he had bin overthrown THAT which I would infer from all this is that the Generality of speculative Men for the most part guiding their Understandings by those Notions which they find in Books fall not seldom by this means into considerable Errors For all Books those I mean that are human and fall directly under our Consideration either lay down practical Things and Observations of Kingship or som general and universal Notions or else controversially assert Monarchy against som Opposers Now in the two latter there are generally found two grand and insupportable Fallacys the first wherof is that they fraudulently converse in Generals and to borrow the School-terms speak of that in the Abstract which they should do in the Concrete As for example where they should assert the particular Right of this or that Prince they cunningly or ignorantly lay out most of their Discourse about Monarchy in general and often weary and amaze the Dispute before they com to the true ground and stating of the Quarrel wherby the Readers diverted by such Prepossession and intangled by general Notions of Authority Power and Government seldom descend into the consideration of Particulars where the great Scruple and Difficulty for the most part lys So that any King be his Access to the Government never so fraudulent and unjustifiable coms to be look'd on as sacred authoritative and by degrees begins not to blush at the Attributes of Sacred Majesty Grace and Highness or any other Terms that the servil Flattery and witty Barbarity of Courtiers can give to them nay som even of the wickedest of the Roman Emperors could be content to be saluted with Perennitys and Divinitys wheras if Men would call their Reason into counsel they might find that these blazing Stars were opace Bodys and did shine only by Reflection These Men having no more Luster than either the Cabal of their own state and distance or the wretched Imposition upon the People casts on them For did Men devest the Authority from the Person they would then commonly find it inconsiderable if not positively evil And again consider Authority in it self as a thing fixt real immutable and when justly administer'd sacred they might find that granting a Prince to be the most regular just Person in all the world yet many Men as good join'd with him intrusted and concurring to the same end might do much more good and that to deny this were to be as irrational as to deny that one Person could do any good at all But however this I take to be certain and demonstrable out of their own Principles that Kings being only to be consider'd in respect of the Trust and Power lodg'd in them a number of Men by as just means not to say better invested with the same Trust and Power are every jot as sacred and of as much Divine Right as any Monarch is the Power being essentially the same united or divided as if a Commission be to one or three It will follow then that Republics may be as just and authoritative as Kingships and then their radical Argument of the Jure Divino of Kingship is wholly enervated and the other render'd equally as Soverain And I am to note but this is only transiently the Poorness or to say better the Blasphemy of that Argument which flourishes out Kings as the Types of Divinity and vainly lavishes som Metaphysics to prove that all things have a natural tendency to Oneness nay the itch of som merry Wits has carry'd them to run over most of the Divine Attributes as som English Lawyers have talk'd of the legal I must say phantastical Ubiquity and Omniscience of our Kings tho we see the contrary and som Civilians have said as much about the Emperor before them wheras they should consider that the immense Simplicity of God flows out in its several Operations with ineffable variety God being every where and the same or as the Platonists say a Center in every part of its Circle a Spirit without Quantity Distance and Comprehension wheras Man is a determinat narrow Being who doing one thing ceases to do another and thinking of one thing is forc'd to quit his former thought Now how sit he is to be a Shadow of this Archetype let any judg unless he could be refin'd from his Corporeity and inlarg'd into a proportionable Immensity Besides I know not whether it be safe to think or no That as God who for the most part indues Men with Gifts sutable to the places to which he calls them would in som measure pour out his Spirit proportionat to these Men wheras most commonly we find them notwithstanding their extraordinary advantages of Society Education and Business as weak Men as any other and good Princes being sway'd by the Advice of Men good and wise and the bad seduc'd by Men of their own Inclinations what are all Monarchys but in reality Optimacys for a few only essentially govern under the name of one who is utterly as unable as the meanest of those over whom he claims Superiority THE second Fallacy is this That Men while they labor thus
to support Monarchy tell us not what kind of Monarchy it is and consequently gain nothing tho we should grant them the former Proposition to be true For what dos it avail to tell me of the Title of such a Prince if I know not by what Title he holds Grant it were visible to me that such a Man was mark'd out by Providence to be my Governor yet if I cannot tell what kind of one whether absolute mixt limited merely executive or only first in order how shall I know to direct my Obedience If he be absolute my very natural Liberty is taken away from me nor do I know any Power that can make any Man such the Scripture setting just limitations and restrictions to all Governors If mixt and limited I must know the due Temper and Bounds wherby he is to rule or else he may usurp or be mistaken and I opprest or injur'd If executive the Power fundamentally resides not in him but in the Great Council or them intrusted by the People then I adore only a Shadow Now if any Prince of Europe can really clear up these Mists and shew the Lines of his Government drawn fairly and his Charter whole and authentic like that of Venice and antient Rome for my part I 'll be the first man shall swear him Allegiance and the last that will preserve him But you will find that they will tell you in general about their Office and in particular of their Claims of Succession Inheritance and Ancestors when look but three or four Storys back and you will meet either som savage unnatural Intrusion disguiz'd under som forc'd Title or chimerical Cognation or else som violent Alteration or possibly som slender Oath or Articles hardly extorted and imperfectly kept Now if any man that will but run over these Rules and apply them to any History whatever as we shall exemplify in that of Scotland upon which for the present we have pitcht and not find most Titles ambiguous the Effects of former Monarchys for where in a Catalogue of forty Kings can you almost shew me three good ones but things merely strugling to maintain their Titles and domestic Interest ruinous to the People who for the most part consider them no otherwise than as to be rescu'd from violent Confusion not as they conduce to the positive Happiness of a civil Life I say all this will be found to be true or my small Conversation in Books is extremely false And truly I conceive reading of History to be the most rational Course to set any Judgment right because it instructs by Experience and Effects and grounds the Judgment upon material Observations and not blindly gropes after Notions and Causes which to him are tantum non inscrutabile but of that anon A main Mistake under this Topic has bin an erroneous comparison and application of matters Civil and Military for Men observing that mixt Councils about Generals Plurality Equality of Commands frequent and sudden Military Alterations have brought no small Distempers and Dangers to several Governments and Attemts therefore they presently conclude that in Civils also it is the safest to continue a Command in one hand for preventing the like Disturbances But here they are deceiv'd Civil matters consist in long debate great consideration patient expectation and wary foresight which is better to be found in a number of choice experienc'd Heads than in one single Person whose Youth and Vigor of Spirit inables him rather to Action and fills him with that noble Temerity which is commonly so happy in Martial Affairs that must be guided always to improve Occasions which are seldom to be found again and which mistaken are to be scarcely amended Besides the Ferocity of daring Spirits can hardly be bounded while they stand level so that it is no wonder if they extinguish all Emulations by putting the Power into the hands of one wheras in a Commonwealth it is quite otherwise and Factions unless they be cruelly exorbitant do but poise and balance one another and many times like the discord of Humors upon the natural Body produce real good to the Government That slender conceit that Nature seems to dress out a Principality in most of her works as among Birds Bees c. is so slender indeed in regard they are no more Chiefs than what they fancy them but all their Prepotency is merely predatory or oppressive and even Lions Elephants Crocodils and Eagles have small inconsiderable Enemys of which they stand in fear and by which they are often ruin'd that the Recital confutes it and if it were so yet unless they could prove their One Man to be as much more excellent than the rest as those are and that solely too I see not what it would advantage them since to comply with the design of Nature in one they would contradict it in others where she is equally concern'd But these Philological and Rhetorical Arguments have not a little hinder'd the severer Disquisition of Reason and prepossess'd the more easy Minds with Notions so much harder to be laid aside as they are more erroneous and pleasing THESE are the fundamental Errors that have misled the Judgment now those which have misguided the Conscience have principally proceded from the Misinterpretation of Scripture and therfore seeming Sacred have bin less examin'd and doubted as carrying the most Authority Thus in the Old Testament there being such frequent mention of Kings which notwithstanding were given in Wrath they superstitiously maintain not only the necessity but even the impunity of Kings wheras we know not their Powers and Limitations and it is inconsequent to argue That because Judea was so govern'd we should follow the same Pattern when we find neither Precept Consequence nor Necessity convincing us And it is madness to think that while the Divine Spirit so freely and vehemently exclaims against the Iniquity of men God would authorize it so far as to leave it in them only unpunishable who should exterminat and reform it As for the Antiquity from ADAM it is true before his Fall his Dominion was large and wide but it was over the Beasts that after his Fall learn'd to rebel against him and oeconomically not despotically over his Wife and Children But what is this to Civil Government In the New Testament for I the briesâ—ier pass over this head in regard it has bin so copiously treated upon by those under whose Profession it falls and that it dos not immediatly conduce to my Design the principal Argument has bin the meekness of CHRIST and his compliance with Civil Powers which certainly if he had bin dispos'd to have resisted say they he could as easily have overthrown as with a few Cords whip the Buyers and Sellers out of the Temple But he that was the Wisdom of his Father rather thought fit to build up his Kingdom which is not earthly nor known of earthly men in Meekness and Obedience to Civil Powers which are perpetually chang'd and hurry'd
most of his Materials are pleas'd to bestow on them there being no mention of the name of Scot in any Authentic Writer till four hundred years after CHRIST No we shall no more envy these old Heroes to them than their placing the Red Lion in the dexter Point of their Escucheon But tho we might in justice reject them as fabulous and monkish yet since they themselves acknowlege them and they equally make against them we shall run them over like genuin History The first of this blessed Race was FERGUS first General and afterward got himself made King but no sooner cast away on the Coast of Ireland but a Contention arises about the validity of their Oath to him and Uncles are appointed to succede which argues it Elective so FERITHARIS Brother to FERGUS is King but his Nephew forms a Conspiracy against him forces him to resign and fly to the Iles where he dy'd FERITHARIS dying soon after was suspected to be poison'd After him coms in MAIN FERGUS'S second Son who with his Son DORNADILLA reign'd quietly fifty seven years But REUTHER his Son not being of age the People make his Uncle NOTHAT take the Government but he misruling REUTHER by the help of one DOUAL rais'd a Party against him and beheads him makes himself King with the indignation of the People that he was not elected so that by the Kindred of NOTHAT he is fought taken and displac'd but afterwards makes a Party and regainâ— His Son THEREUS was too young so that his Brother RHEUTHA succeeded but after seventeen years was glad to resign Well THEREUS reigns but after six years declines to such Leudness that they force him to fly and govern by a Prorex After his Death JOSINA his Brother and his Son FINAN are Kings and quietly dy so BUT then coms DURST one who slays all the Nobility at a Banquet and is by the People slain After his Death the validity of the Oath to FERGUS is call'd in question and the elective Power vindicated but at length EVEN his Brother is admitted who tho he rul'd valiantly and well yet he had GILLUS a Bastard Son Vafer Regni cupidus The next of the Line are Twins DOCHAM and DORGAL Sons of DURST they while they disputed about priority of Age are by the artifice of GILLUS slain in a Tumult who makes a strong Party and seizing of a Hold says he was made Supervisor by his Father and so becoms King cuts off all the Race of DURST but is after forc'd out of the Kingdom and taken by EVEN the Second his Successor who was chosen by the People and by him put to death in Ireland After EVEN coms EDER after EDER his Son EVEN the Third who for making a Law that the Nobility should have the enjoyment of all new marry'd Women before they were touch'd by their Husbands was doom'd to Prison during his Life and there strangl'd His Successor was his Kinsman METELLAN after whom was elected CARATAC whom his Brother CORBRET succeded But then came DARDAN whom the Lords made to take on him the Government by reason of the Nonage of CORBRET'S Son who for his Leudness was taken by the People and beheaded AFTER him CORBRET the Second whose Son LUCTAC for his Leudness was by the People put to death then was elected MOGALD who following his vitious Predecessors steps found his Death like theirs violent HIS Son CONAR one of the Conspirators against him succeded but misgoverning was clapt in Prison and there dy'd ETHODIUS his Sister's Son succeded who was slain in the night in his Chamber by his Piper HIS Son being a Minor SATRAEL his Brother was accepted who seeking to place the Succession in his own Line grew so hateful to the People that not daring to com abroad he was strangl'd in the night by his own Servants which made way for the youngest Brother DONALD who outdid the others Vices by contrary Virtues and had a happy Reign of one and twenty years ETHODIUS the Second Son of the first of that name was next a dull inactive Prince Familiarium tumultu occisus HIS Son ATHIRCO promis'd fair but deceiv'd their expectations with most horrid Leudness and at length vitiated the Daughters of NATHALOCK a Nobleman and caus'd them to be whipt before his eys but seeing himself surrounded by Conspirators eluded their Fury with his own Sword his Brother and Children being forc'd to fly to the Picts NATHALOCK turning his Injury into Ambition made himself King and govern'd answerably for he made most of the Nobility to be strangl'd under pretence of calling them to Council and was after slain by his own Servants AFTER his Death ATHIRCO'S Children were call'd back and FINDOC his Son being of excellent hopes accepted who made good what his Youth promis'd he beat in sundry Battels DONALD the Ilander who seeing he could not prevail by force sent two as Renegados to the King who being not accepted conspire with his Brother by whose means one of them slew him with a Spear when he was hunting HIS Brother DONALD succedes the youngest of the three who about to revenge his Brother's Death hears the Ilander is enter'd Marray whom he incountring with inequal Forces is taken Prisoner with thirty of the Nobility and whether of Grief or his Wounds dy's in Prison THE Ilander that had before usurp'd the Name now assum'd the Power the Nobles by reason of their kindred Prisoners being over-aw'd This man wanting nothing of an exquisit Tyrant was aster twelve years Butcherys slain by CRATHLINTH Son of FINDOC who under a disguise found Address and Opportunity The brave Tyrannicid was universally accepted and gave no cause of Repentance his Reign is famous for a War begun between the Scots and Picts about a Dog as that between the Trojans and Italians for a white Hart and the defection of CARAUSIUS from DIOCLESIAN which happen'd in his time HIS Kinsman FINCORMAC succeded worthy of memory for little but the Piety of the Culdys an Order of religious Men of that time overborn by others succeding He being dead three Sons of his three Brothers contended for the Crown ROMACH as the eldest strengthen'd by his Alliance with the Picts with their assistance seiz'd on it forcing others to fly but proving cruel the Nobility conspir'd and slew him ANGUSIAN another Pretender succedes who being assail'd by NECTHAM King of the Picts who came to revenge ROMACH routed his Army in a pitcht Battel but NECTHAM coming again he was routed and both he and NECTHAM slain FETHELMAC the third Pretender came next who beating the Picts and wasting their Fields HERGUST when he saw there could be no advantage by the Sword suborn'd two Picts to murder him who drawing to conspiracy the Piper that lay in his Chamber as the manner was then he at the appointed time admitted them and there slew him THE next was EVGEN Son of FINCORMAC who was slain in a Battel with the Picts to the almost extirpation and banishment of the
Scots but at last the Picts taking distast at the Romans enter'd into a secret League with the Scots and agreed that FERGUS whose Uncle the last King was being then in banishment and of a military breeding and inclination should be chosen King With him the Danes maintain'd a long War against the Romans and pul'd down the Picts wall at last he and the King of Picts were in one day slain in a Battel against them This Man's access to Government was strange ignotus Rex ab ignoto populo accersitus and may be thought temerarious he having no Land for his People and the Roman Name inimical yet founded he a Monarchy there having been Kings ever since and we are to note this is the first man that the sounder Writers will allow to be real and not fabulous Him succeded his Son EUGENIUS whose Grandfather GRAHAM had all the power a warlike Prince whom some say slain some dead of a disease After him his Brother DONGARD who after the spending of five superstitious years left the Crown as they call it to his youngest Brother CONSTANTIN who from a good privat Man turn'd a leud Prince and was slain by a Nobleman whose Daughter he had ravish'd He was succeded by CONGAL CONSTANTIN'S Son who came a tolerable good Prince to a loose People and having spent som two and twenty years in slight excursions against the Saxons left the rule to his Brother GORAN who notwithstanding he made a good League against the Britans which much conduc'd to his and the Peoples settlement yet in requital after thirty four years they made away with him which brought in EUGENIUS the Third of that name the Son of CONGAL who was strongly suspected to have a hand in his Death insomuch that GORAN'S Widow was forc'd to fly into Ireland with her Children This man in thirty three years time did nothing but reign and make short Incursions upon the Borders he left the Rule to his Brother CONGAL a monastical superstitious and inactive Prince who reign'd ten years KINNATEL his Brother was design'd for Successor yet AIDAN the Son of GORAN laid his claim but was content to suspend in respect of the Age and Diseases of KINNATEL which after fourteen Months took him out of the World and clear'd the controversy and AIDAN by the consent of COLUMBA a Priest that govern'd all in those days came to be King a Man that after thirty four years turbulently spent being beaten by the Saxons and struck with the Death of COLUMBA dy'd of Grief AFTER him was chosen KENNETH who has left nothing behind him but his Name Then came EUGENIUS the Fourth the Son of AIDAN so irregular is the Scots Succession that we see it inverted by Usurpation or cross Elections in every two or three Generations This man left an ambiguous Fame for HECTOR BOETIUS says he was peaceable the Manuscript implacably severe He reign'd sixteen years and left his Son FERCHARD Successor who endeavoring to heighten the Prerogative by the Dissensions of the Nobility was on the contrary impeach'd by them and call'd to an account which he denying was clapt in Prison where he himself sav'd the Executioner a labor So that his Brother DONALD succeded who being taken up with the Piety of those days left nothing memorable except that he in person interpreted Scots Sermons to the Saxons He was follow'd by his Nephew FERCHARD Son to the first of that Name a Thing like a King in nothing but his Exorbitancys who in hunting was wounded by a Wolf which cast him into a Fever wherin he not observing the impos'd Temperance brought on himself the lousy Disease upon which discomforted he was by the persuasion of COLMAN a religious man brought out in his Bed cover'd with Hair-cloth where he made a public Acknowlegement to the People and soon after dy'd MALDWIN DONALD'S Son follow'd who after twenty years ignoble Reign was strangled by his Wife EUGENIUS the Fifth succeded Son they say of King DONGARD tho Chronology seems to refute it This man spent five years in slight Incursions and was succeded by EUGENIUS the Sixth Son of FERCHARD This man is famous for a little Learning as the times went and the Prodigy of raining Blood seven days all Milkmeats turning into blood AMBERKELLETH Nephew to EUGENIUS the Fifth who succeded this rude Prince while he was discharging the burden of Nature was slain by an Arrow from an unknown hand EUGENIUS the Seventh follow'd who being attemted by Conspirators had his new marry'd Wife slain in bed beside him for which he being accus'd produc'd the Murderers before his Trial and was acquitted and so ended the rest of his 17 years in Peace recommending to the People MORDAC Son of AMBERKELLETH who continuing a blank Reign or it may be a happy one in regard it was peaceable left it to ETFYN Son of EUGENIUS the Seventh the first part of his Reign was peaceable but Age obliging him to put the Government into the hands of four of his Servants it happen'd to him as it dos to other Princes whose Fortunes decay commonly with their Strength that it was very unhappy and turbulent Which Miserys EUGENIUS the Eighth Son of MORDAC restrain'd But he it seems having a Nature fitter to appease Tumults than to enjoy Rest at the first enjoyment of Peace broke into such Leudness that the Nobility at a meeting stab'd him and made way for FERGUS the Son of ETFYN one like his Predecessor in manner death and continuance of Reign which was three years the only dissimilitude was that the latters Wife brought his Death for which others being impeach'd she stept in and confest it and to avoid punishment punish'd her self with a knife SOLUATH Son of EUGENIUS the Eighth follow'd him who tho his Gout made him of less Action yet it made his Prudence more visible and himself not illaudable His Death brought in ACHAIUS the Son of ETFYN whose Reign was innobled with an Irish War and many learned Men besides the Assistance lent HUNGUS to fight against the Northumbrians whom he beat in a famous Battel which if I may mention the matter was presignify'd to HUNGUS in a Dream St. Andrew appearing to him and assuring him of it and in the time of Battel a white Cross that which the Heralds call a Saltier and we see commonly in the Scots Banners appear'd in the Sky and this I think to have bin the occasion of that bearing and an Order of Knights of St. Andrew somtimes in reputation in Scotland but extinguish'd for ought I can perceive before the time of JAMES the Sixth tho the Collar and Pendant of it are at this day worn about the Scots Arms. To this man CONGAL his Cousin succeded who left nothing behind him but five years to stretch out the account of time DONGAL the Son of SOLUATH came next who being of a Nature fierce and insupportable there was an endeavor to set up ALPIN Son of ACHAIUS which Design by ALPIN himself was
frustated which made the King willinger to assist ALPIN in his pretension to the Kingdom of Picts in which Attemt he was drown'd and left to ALPIN that which he before had so nobly refus'd who making use of the former rais'd an Army beat the Picts in many signal Victorys but at last was slain by them leaving his name to the place of his Death and the Kingdom to his Son KENNETH This man seeing the People broken with the late War and unwilling to fight drew them on by this Subtilty he invites the Nobility to dinner and after plying them with Drink till midnight leaves them sleeping on the floor as the manner was and then hanging Fishskins about the Walls of the Chamber and making one speak thro a Tube and call them to war they waking and half asleep suppos'd somthing of Divinity to be in it aud the next morning not only consented to War but so strange is deluded imagination with unspeakable Courage fell upon the Enemy and put them to the rout which being confirm'd by other great Victorys utterly ruin'd the Pictish Name This man may be added to the two FERGUSES and truly may be said to be the Founder of the Scots Empire not only in making that the middle of his Dominion which was once the bounds but in confirming his Acquisitions with good Laws having the opportunity of a long Peace which was sixteen years his whole time of Government being twenty This was he that plac'd that Stone famous for that illusory Prophecy Ni fallat fatum c. which first was brought out of Spain into Ireland and from thence into Argyle at Scoon where he put it in a Chair in which all his Successors till EDWARD the First brought it away were crown'd and since that all the Kings of England till the happiness of our Commonwealth made it useless His Brother DONALD was his Successor a man made up of extremitys of Virtues and Vices no man had more bravery in the Field nor more Vice at home which increasing with his yeras the Nobility put him in prison where either for fear or scorn he put an end to his days leaving behind him his Brother CONSTANTIN a Man wanting nothing of him but his Vices who strugling with a potent Enemy for the Picts had call'd in the Danes and driving them much into despair a Bravery that has not seldom rain'd many excellent Captains was taken by them put into a little Cave and there slain He was succeded by ETHUS his Brother who had all his eldest Brother's Vices and none of his second 's Virtues Nature it seems making two extremes and a middle in the three Brethren This man voluptuous and cowardly was forc'd to resign or as others say dy'd of Wounds receiv'd in a Duel from his Successor who was GREGORY Son of DONGAL who was not only an excellent Man but an excellent Prince that both recover'd what the others had lost and victoriously travers'd the Northern Countys of England and a great part of Ireland of whose King a Minor and in his power he generously made no advantage but settled his Country and provided faithful and able Guardians for him These things justly yield him the name of Great DONALD Son of CONSTANTIN the Second by his recommendation succeded in his Power and Virtues notwithstanding some say he was remov'd by Poison Next was CONSTANTIN the the Third Son of ETHUS an unstable person who assisted the Danes which none of his Predecessors would do and after they had deserted him basely yet yielded them Succors consisting of the chief of the Scots Nobility which with the whole Danish Army were routed by the Saxons This struck him so that he retir'd among the Culdys which were as the Greec Caloyers or Romish Monks at this day and there bury'd himself alive After him was MILCOM Son of DONALD the Third who tho a good Prince and well skil'd in the Arts of Peace was slain by a Conspiracy of those to whom his Virtue was burdensom His Successor was INDULF by what Title I find not who fighting with the Danes that with a Navy unexpectedly came into the Frith was slain DUF his Son succedes famous for an Accident which if it be true seems nearly distant from a Fable He was suddenly afflicted by a sweating Disease by which he painfully languish'd yet no body could find the cause till at last a Girl that had scatter'd som words after torments confest that her Mother and som other women had made an Image of Wax which as it wasted the King should wast by sweating much the place being diligently search'd it was found accordingly so the Image being broke he instantly recover'd That which disturb'd his five years Reign was the turbulency of the Northern People whom when he had reduc'd and taken with intent to make exemplary Punishment DONALD the Commander of the Castle of Forres where he then lay interceded for som of them but being repuls'd and exasperated by his Wife after he had made all his Servants drunk slew him in his Bed and bury'd him under a little Bridg lest the cutting of Turfs might discover a Grave near Kilros Abby tho others say he turn'd aside a River and after he had bury'd him suffer'd it to take its former Chanel CULEN the Son of INDULF by the Election of Parlament or Convention of the People succeded good only in this one Action of inquiring and punishing his Predecessor's Death but after by the neglect of Discipline and the exquisiteness of his Vices became a Monster and so continued three years till being weakned and exhausted in his Body and vext with perpetual Diseases he was summon'd by the Parlament and in the way was slain by a Thane so they then call'd Lieutenants of Counties whose Daughter he had ravish'd THEN came KENETH Brother to DUF tho the forepart of his Reign was totally unlike his who being invaded by the Danes beat them in that famous Battle which was won by the three HAYS Husbandmen from whom all the HAYS now give three Shields Gules who with their Sythes reinforc'd the lost Battle but in his latter time he lost this reputation by poisoning MILCOLM Son of DUF to preserve the Crown for a Son of his Name tho of less merit for says BUCHANAN They use to chuse the fittest not the nearest which being don he got ordain'd in a Parlament that the Succession should be lineal the Son should inherit and be call'd Prince of Scots and if he were a Minor be govern'd by som wise Man here coms the pretence of Succession wheras before it was clearly Elective and at fifteen he should chuse his Guardian himself But the Divine Vengeance which seldom even in this life passes by Murder overtook him for he was ensnar'd by a Lady whose Son he had caus'd to be executed and slain by an Arrow out of an Ambush she had laid CONSTANTIN the Son of CULEN notwithstanding all the Artifice of KENNETH by his reasoning
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
is another thing but not always another Creature tho the Corruption of one coms at length to be the Generation of another The Corruption then of Monarchy is call'd Tyranny that of Aristocracy Oligarchy and that of Democracy Anarchy But Legislators having found these three Governments at the best to be naught have invented another consisting of a mixture of them all which only is good This is the Doctrin of the Antients BUT LEVIATHAN is positive that they are all deceiv'd and that there is no other Government in Nature than one of the three as also that the Flesh of them cannot stink the names of their Corruptions being but the names of mens Phansies which will be understood when we are shown which of them was Senatus Populusque Romanus TO go my own way and yet to follow the Antients the Principles of Government are twofold Internal or the goods of the Mind and External or the goods of Fortune The goods of the Mind are Goods of the Mind and of Fortune natural or acquir'd Virtues as Wisdom Prudence and Courage c. The goods of Fortune are Riches There be goods also of the Body as Health Beauty Strength but these are not to be brought into account upon this score because if a Man or an Army acquires Victory or Empire it is more from their Disciplin Arms and Courage than from their natural Health Beauty or Strength in regard that a People conquer'd may have more of natural Strength Beauty and Health and yet find little remedy The Principles of Government then are in the goods of the Mind or in the goods of Fortune To the goods of the Mind answers Authority to the goods of Fortune Power or Empire Empire and Authority Wherfore LEVIATHAN tho he be right where he says that Riches are Power is mistaken where he says that Prudence or the reputation of Prudence is Power for the Learning or Prudence of a Man is no more Power than the Learning or Prudence of a Book or Author which is properly Authority A learned Writer may have Authority tho he has no Power and a foolish Magistrat may have Power tho he has otherwise no Esteem or Authority The difference of these two is observ'd by LIVY in EVANDER of whom he says * Regebat magis Autoritate quam Imperio that he govern'd rather by the Authority of others than by his own Power Empire TO begin with Riches in regard that Men are hung upon these not of choice as upon the other but of necessity and by the teeth for as much as he who wants Bread is his Servant that will seed him if a Man thus seeds a whole People they are under his Empire Division of Empire EMPIRE is of two kinds Domestic and National or Foren and Provincial Domestic Empire Dominion DOMESTIC Empire is founded upon Dominion DOMINION is Property real or personal that is to say in Lands or in Mony and Goods Balance in Lands LANDS or the parts and parcels of a Territory are held by the Proprietor or Proprietors Lord or Lords of it in som proportion and such except it be in a City that has little or no Land and whose Revenue is in Trade as is the proportion or balance of Dominion or Property in Land such is the nature of the Empire Absolute Monarchy IF one Man be sole Landlord of a Territory or overbalance the People for example three parts in four he is Grand Signior for so the Turk is call'd from his Property and his Empire is absolute Monarchy Mix'd Monarchy IF the Few or a Nobility or a Nobility with the Clergy be Landlords or overbalance the People to the like proportion it makes the Gothic balance to be shewn at large in the second part of this Discourse and the Empire is mix'd Monarchy as that of Spain Poland and late of Oceana Popular Government AND if the whole People be Landlords or hold the Lands so divided among them that no one Man or number of Men within the compass of the Few or Aristocracy overbalance them the Empire without the interposition of Force is a Commonwealth Tyranny Oligarchy Anarchy IF Force be interpos'd in any of these three cases it must either frame the Government to the Foundation or the Foundation to the Government or holding the Government not according to the balance it is not natural but violent and therfore if it be at the devotion of a Prince it is Tyranny if at the devotion of the Few Oligarchy or if in the power of the People Anarchy Each of which Confusions the balance standing otherwise is but of short continuance because against the nature of the balance which not destroy'd destroys that which opposes it BUT there be certain other Confusions which being rooted in the balance are of longer continuance and of worse consequence as first where a Nobility holds half the Property or about that proportion and the People the other half in which case without altering the balance there is no remedy but the one must eat out the other as the People did the Nobility in Athens and the Nobility the People in Rome Secondly when a Prince holds about half the Dominion and the People the other half which was the case of the Roman Emperors planted partly upon their military Colonies and partly upon the Senat and the People the Government becoms a very shambles both of the Princes and the People Somwhat of this nature are certain Governments at this day which are said to subsist by confusion In this case to fix the balance is to entail misery but in the three former not to fix it is to lose the Government Wherfore it being unlawful in Turky that any should possess Land but the Grand Signior the balance is fix'd by the Law and that Empire firm Nor tho the Kings often fell was the Throne of Oceana known to shake until the Statute of Alienations broke the Pillars by giving way to the Nobility to sell their Estates * Si terra recedat Ionium Aegaeo frangat mare While Lacedemon held to the division of Land made by LYCURGUS it was immovable but breaking that could stand no longer This kind of Law fixing the balance in Lands is call'd Agrarian and was first introduc'd by God himself who divided the Land of Canaan to his People by Lots and is of such virtue that wherever it has held that Government has not alter'd except by consent as in that unparallel'd example of the People of Israel when being in liberty they would needs chuse a King But without an Agrarian Government whether Monarchical Aristocratical or Popular has no long Lease AS for Dominion personal or in Mony it may now and then stir up a MELIUS or a MANLIUS which if the Commonwealth be not provided with som kind of Dictatorian Power may be dangerous tho it has bin seldom or never successful because to Property producing Empire
the People which concurring make a Law The Magistracy BUT the Law being made says LEVIATHAN is but Words and Paper without the Hands and Swords of Men wherfore as those two Orders of a Commonwealth namely the Senat and the People are Legislative so of necessity there must be a third to be executive of the Laws made and this is the Magistracy in which order with the rest being wrought up by art the Commonwealth consists of the Senat proposing the People resolving and the Magistracy executing wherby partaking of the Aristocracy as in the Senat of the Democracy as in the People and of Monarchy as in the Magistracy it is complete Now there being no other Commonwealth but this in Art or Nature it is no wonder if MACCHIAVEL has shew'd us that the Antients held this only to be good but it seems strange to me that they should hold that there could be any other for if there be such a thing as pure Monarchy yet that there should be such a one as pure Aristocracy or pure Democracy is not in my understanding But the Magistracy both in number and function is different in different Commonwealths Nevertheless there is one condition of it that must be the same in every one or it dissolves the Commonwealth where it is wanting And this is no less than that as the hand of the Magistrat is the executive Power of the Law so the head of the Magistrat is answerable to the People that his execution be according to the Law by which LEVIATHAN may see that the hand or sword that executes the Law is in it and not above it The Orders of a Commonwealth in experience as that NOW whether I have rightly transcrib'd these Principles of a Commonwealth out of Nature I shall appeal to God and to the World To God in the Fabric of the Commonwealth of Israel and to the World in the universal Series of antâ—ent Prudence But in regard the same Commonwealths will be open'd at large in the Council of Legislators I shall touch them for the present but slightly beginning with that of Israel Of Israel THE Commonwealth of Israel consisted of the Senat the People and the Magistracy THE People by their first division which was genealogical were contain'd under their thirteen Tribes Houses or Familys wherof the firstborn in each was Prince of his Tribe and had the leading of it Numb 1. the Tribe of LEVI only being set apart to serve at the Altar had no other Prince but the High Priest In their second division they were divided locally by their Agrarian or the distribution of the Land of Josh ch 13 to ch 42. Canaan to them by lot the Tithe of all remaining to LEVI whence according to their local division the Tribes are reckon'd but twelve The People THE Assemblys of the People thus divided were methodically gather'd by Trumpets to the Congregation which was it should seem Numb 10. 7. of two sorts For if it were call'd by one Trumpet only the Princes of the Tribes and the Elders only assembl'd but if it were call'd Numb 10. 4. with two the whole People gather'd themselves to the Congregation Numb 10. 3. for so it is render'd by the English but in the Greec it is call'd Ecclesia Judg. 20. 2. or the Church of God and by the Talmudist the great Synagog The word Ecclesia was also antiently and properly us'd for the Civil Congregations or Assemblys of the People in Athens Lacedemon and Ephesus where it is so call'd in Scripture tho it be otherwise render'd Acts 19. 23. by the Translators not much as I conceive to their commendation seeing by that means they have lost us a good lesson the Apostles borrowing that name for their spiritual Congregations to the end that we might see they intended the Government of the Church to be Democratical or Popular as is also plain in the rest of their Constitutions THE Church or Congregation of the People of Israel assembl'd in a military manner and had the result of the Commonwealth or Judg. 20. 2. the power of confirming all their Laws tho propos'd even by God Exod. 19. himself as where they make him King and where they reject or depose him as Civil Magistrat and elect Saul It is manifest 1 Sam. 8. 7. that he gives no such example to a Legislator in a popular Government as to deny or evade the power of the People which were a contradiction but tho he deservedly blames the ingratitude of the People in that action he commands SAMUEL being next under himself Supreme Magistrat to hearken to their Voice for where the suffrage of the People gos for nothing it is no Commonwealth and comforts him saying They have not rejected thee but they have rejected me that I should not reign over them But to reject him that he should not reign over them was as Civil Magistrat to depose him The Power therfore which the People had to depose even God himself as he was Civil Magistrat leaves little doubt but that they had power to have rejected any of those Laws confirm'd by them throout the Deut. 29. Scripture which to omit the several parcels are generally contain'd under two heads those that were made by Covenant with the People in the Land of Moab and those which were made by Covenant with the People in Horeb which two I think amount to the whole body of the Israelitish Laws But if all and every one of the Laws of Israel being propos'd by God were no otherwise enacted than by Covenant with the People then that only which was resolv'd by the People of Israel was their Law and so the result of that Commonwealth was in the People Nor had the People the result only in matter of Law Josh 7. 16. Judg. 20. 8 9 10. 1 Sam. 7. 6 7 8. 1 Chron. 13. 2. 2 Chron. 30. 4. Judg. 11. 11. 1 Sam. 10. 17. 1 Mac. 14. Exod. 9. 3 4 5. Josh 7. 1 Sam. 10. but the Power in som cases of Judicature as also the right of levying War cognizance in matter of Religion and the election of their Magistrats as the Judg or Dictator the King the Prince which functions were exercis'd by the Synagoga magna or Congregation of Israel not always in one manner for somtimes they were perform'd by the suffrage of the People vivâ voce somtimes by the Lot only and at others by the Ballot or by a mixture of the Lot with the Suffrage as in the case of ELDAD and MEDAD which I shall open with the Senat. The Senat. THE Senat of Israel call'd in the Old Testament the seventy Elders and in the New the Sanhedrim which word is usually translated the Numb 11. Council was appointed by God and consisted of Seventy Elders besides Deut. 1. MOSES which were at first elected by the People but in what Numb 11. manner is rather
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
Spiritual or Temporal for not only the Thane Lands but the Barons by their Possessions possessions of Bishops as also of som twenty six Abbats and two Priors were now erected into Baronys whence the Lords Spiritual that had suffrage in the Teuton Parlament as Spiritual Lords came to have it in the Neustrian Parlament as Barons and were made subject which they had not formerly bin to Knights service in chief Barony coming henceforth to signify all honorary possessions as well of Earls as Barons and Baronage to denote all kinds of Lords as well Spiritual as Temporal having right to sit in Parlament the Baronys in this sense were somtimes more and somtimes fewer but commonly about 200 or 250 containing in them a matter of sixty thousand feuda militum or Knights Fees wherof som twenty eight thousand were in the Clergy It is ill luck that no man can tell what the Land of a Knights Fee reckon'd in som Writs at 40 l. a year and in others at 10 was certainly worth for by such a help we might have exactly demonstrated the Balance of this Government But says COOK it contain'd Cook 11. Inst pag. 596. twelve Plow Lands and that was thought to be the most certain account But this again is extremely uncertain for one Plow out of som Land that was fruitful might work more than ten out of som other that was barren Nevertheless seeing it appears by BRACTON Balance of the Neustrian Monarchy that of Earldoms and Baronys it was wont to be said that the whole Kingdom was compos'd as also that these consisting of 60000 Knights Fees furnish'd 60000 men for the King's service being the whole Militia of this Monarchy it cannot be imagin'd that the Vavasorys or Freeholds in the People amounted to any considerable proportion Wherfore the Balance and Foundation of this Government was in the 60000 Knights Fees and these being possest by the 250 Lords it was a Government of the Few or of the Nobility wherin the People might also assemble but could have no more than a mere name And the Clergy holding a third to the whole Nation as is plain by the Parlament Roll it is an absurdity seeing the Clergy of France came first thro their Riches to be a State of that Kingdom to acknowlege the People to have bin a State of this Realm and not to allow it to the Clergy who were so much more weighty in the Balance which is 4 Rich. 2. Num. 13. that of all other whence a State or Order in a Government is denominated Wherfore this Monarchy consisted of the King and of the three ordines Regni or Estates the Lords Spiritual and Temporal and the Commons It consisted of these I say as to the balance tho during the Reign of som of these Kings not as to the administration Administration of the Neustrian Monarchy during the reign of the first Kings FOR the ambition of TURBO and som of those that more immediatly succeded him to be absolute Princes strove against the nature of their Foundation and inasmuch as he had divided almost the whole Realm among his Neustrians with som incouragement for a while But the Neustrians while they were but foren Plants having no security against the Natives but in growing up by their Princes sides were no sooner well rooted in their vast Dominions than they came up according to the infallible consequence of the Balance domestic and contracting the National interest of the Baronage grew as fierce in the vindication of the antient Rights and Liberties of the same as if they had bin always Natives Whence the Kings being as obstinat on the one side for their absolute Power as these on the other for their Immunitys grew certain Wars which took their denomination from the Barons THIS fire about the middle of the Reign of ADOXUS began to break out And wheras the Predecessors of this King had divers times bin forc'd to summon Councils resembling those of the Teutons to Barons by Writ which the Lords only that were Barons by Dominion and Tenure had hitherto repair'd ADOXUS seeing the effects of such Dominion began first not to call such as were Barons by Writ for that was according to the practice of antient times but to call such by Writs as were otherwise no Barons by which means striving to avoid the consequence of the Balance in coming unwillingly to set the Government streight he was the first that set it awry For the Barons in his Reign and his Successors having vindicated their antient Authority restor'd the Parlament with all the Rights and Privileges of the same saving that from thenceforth the Kings had found out a way wherby to help themselves against the mighty by Creatures of their own and such as had no other support but by their favor By which means this Government being indeed the Masterpiece of modern Prudence has bin cry'd up to the Skys as the only invention wherby at once to maintain the Soverainty of a Prince and the Liberty of the People Wheras indeed it has bin no other than a wrestling match wherin the Nobility as they have bin stronger have thrown the King or the King if he has bin stronger has thrown the Nobility or the King where he has had a Nobility and could bring them to his party has thrown the People as in France and Spain or the People where they have had no Nobility or could get them to be of their party have thrown the King as in Holland and of later times in Oceana But they came not 49 11. 3. to this strength but by such approaches and degrees as remain to be further open'd For wheras the Barons by Writ as the sixty four Abbats and thirty six Priors that were so call'd were but pro tempore DICOTOME being the twelfth King from the Conquest began to Barons by Letters Patents make Barons by Letters Patents with the addition of honorary Pensions for the maintenance of their Dignitys to them and their Heirs so that they were hands in the King's Purse and had no shoulders for his Throne Of these when the House of Peers came once to be full as will be seen hereafter there was nothing more emty But for the present the Throne having other supports they did not hurt that so much as they did the King For the old Barons taking DICOTOME'S Prodigality to such Creatures so ill that they depos'd him got the trick of it and never gave over setting up and pulling down their Kings according to their various interests and that faction of the White Dissolution of the late Monarchy of Oceana and Red into which they had bin thenceforth divided till PANURGUS the eighteenth King from the Conquest was more by their Favor than his Right advanc'd to the Crown This King thro his natural subtilty reflecting at once upon the greatness of their Power and the inconstancy of their favor began to find another Flaw in
this kind of Government which is also noted by MACCHIAVEL namely that a Throne supported by a Nobility is not so hard to be ascended as kept warm Wherfore his secret Jealousy lest the dissension of the Nobility as it brought him in might throw him out made him travel in ways undiscover'd by them to ends as little foreseen by himself while to establish his own safety he by mixing Water with their Wine first began to open those Sluces that have since overwhelm'd not the King only but the Throne For wheras a Nobility strikes not at the Throne without which they cannot subsist but at som King that they do not like popular Power strikes thro the King at the Throne as that which is incompatible with it Now that PANURGUS in abating the Power of the Nobility was the cause whence it came to fall into the hands of the People appears by those several Statutes that were made in his Reign as that for Population those against Retainers and that for Alienations BY the Statute of Population all houses of Husbandry that were us'd with twenty Acres of Ground and upwards were to be maintain'd and kept up for ever with a competent proportion of Land laid to them and in no wise as appears by a subsequent Statute to be sever'd By which means the houses being kept up did of necessity inforce Dwellers and the proportion of Land to be till'd being kept up did of necessity inforce the Dweller not to be a Begger or Cottager but a Man of som substance that might keep Hinds and Servants and set the Plow a going This did mightily concern says the Historian of that Prince the might and manhood of the Kingdom and in effect amortize a great part of the Lands to the hold and possession of the Yeomanry or middle People who living not in a servil or indigent fashion were much unlink'd from dependence upon their Lords and living in a free and plentiful manner became a more excellent Infantry but such a one upon which the Lords had so little Power that from henceforth they may be computed to have bin disarm'd AND as they lost their Infantry after this manner so their Cavalry and Commanders were cut off by the Statute of Retainers for wheras it was the custom of the Nobility to have younger Brothers of good houses metal'd fellows and such as were knowing in the feats of Arms about them they who were longer follow'd with so dangerous a train escap'd not such Punishments as made them take up HENCEFORTH the Country-lives and great Tables of the Nobility which no longer nourish'd veins that would bleed for them were fruitless and loathsom till they chang'd the Air and of Princes became Courtiers where their Revenues never to have bin exhausted by Beef and Mutton were found narrow whence follow'd racking of Rents and at length sale of Lands the riddance thro the Statute of Alienations being render'd far more quick and facil than formerly it had bin thro the new invention of Intails TO this it happen'd that CORAUNUS the Successor of that King dissolving the Abbys brought with the declining state of the Nobility so vast a prey to the Industry of the People that the Balance of the Commonwealth was too apparently in the popular Party to be unseen by the wise Council of Queen PARTHENIA who converting her reign thro the perpetual Lovetricks that past between her and her People into a kind of Romance wholly neglected the Nobility And by these degrees came the House of Commons to raise that head which since has bin so high and formidable to their Princes that they have look'd pale upon those Assemblys Nor was there any thing now wanting to the destruction of the Throne but that the People not apt to see their own strength should be put to feel it when a Prince as stiff in disputes as the nerve of Monarchy was grown slack receiv'd that unhappy incouragement from his Clergy which became his utter ruin while trusting more to their Logic than the rough Philosophy of his Parlament it came to an irreparable breach for the House of Peers which alone had stood in this gap now sinking down between the King and the Commons shew'd that CRASSUS was dead and the Isthmus broken But a Monarchy devested of its Nobility has no refuge under Heaven but an Army Wherfore the dissolution of this Government caus'd the War not the War the dissolution of this Government OF the King's success with his Arms it is not necessary to give any further account than that they prov'd as ineffectual as his Nobility but without a Nobility or an Army as has bin shew'd there can be no Monarchy Wherfore what is there in nature that can arise out of these Ashes but a popular Government or a new Monarchy to be erected by the victorious Army TO erect a Monarchy be it never so new unless like LEVIATHAN you can hang it as the Country-fellow speaks by Geometry for what else is it to say that every other Man must give up his will to the will of this one Man without any other foundation it must stand upon old Principles that is upon a Nobility or an Army planted on a due balance of Dominion Aut viam inveniam aut faciam was an Adage of CAESAR and there is no standing for a Monarchy unless it finds this Balance or makes it If it finds it the work 's don to its hand for where there is inequality of Estates there must be inequality of Power and where there is inequality of Power there can be no Commonwealth To make it the Sword must extirpat out of Dominion all other roots of Power and plant an Army upon that ground An Army may be planted Nationally or Provincially To plant it Nationally it must be in one of the four ways mention'd that is either Monarchically in part as the Roman Benesiciarii or Monarchically in the whole as the Turkish Timariots Aristocratically that is by Earls and Barons as the Neustrians were planted by TURBO or Democratically that is by equal lots as the Israelitish Army in the Land of Canaan by JOSHUA In every one of these ways there must not only be Confiscations but Confiscations to such a proportion as may answer to the work intended CONFISCATION of a People that never sought against you but whose Arms you have born and in which you have bin victorious and this upon premeditation and in cold blood I should have thought to be against any example in human Nature but for those alleg'd by MACCHIAVEL of AGATHOCLES and OLIVERETTO di Fermo the former wherof being Captain General of the Syracusans upon a day assembl'd the Senat and the People as if he had somthing to communicat with them when at a sign given he cut the Senators in pieces to a man and all the richest of the People by which means he came to be King The procedings of OLIVERETTO in making himself Prince of Fermo were somwhat
its Orders are such as they neither would resist if they could nor could if they would as has bin partly already shewn and will appear more at large by the following Model Religious Par t ys THE Partys that are Spiritual are of more kinds than I need mention som for a National Religion and others for Liberty of Conscience with such animosity on both sides as if these two could not consist together and of which I have already sufficiently spoken to shew that indeed the one cannot well subsist without the other But they of all the rest are the most dangerous who holding that the Saints must govern go about to reduce the Commonwealth to a Party as well for the Reasons already shewn as that their Pretences are against Scripture where the Saints are commanded to submit to the Higher Powers and to be subject to the Ordinance of Man And that men pretending under the notion of Saints or Religion to Civil Power have hitherto never fail'd to dishonor that Profession the World is full of Examples wherof I shall confine my self at present only to a couple the one of Old the other of New Rome Saints IN Old Rome the Patricians or Nobility pretending to be the godly Party were question'd by the People for ingrossing all the Magistracys of that Commonwealth and had nothing to say why they did so but * Quòd nemo plebeius auspicia haberet that Magistracy requir'd a kind of Holiness which was not in the People †Plebs ad id maximâ indignatione exarsit quod auspicari tanquam invisi Diis immortalibus negarentur posse T. Liv. 4. 8. at which the People were fill'd with such Indignation as had com to cutting of Throats if the Nobility had not immediatly laid by the Insolency of that Plea which nevertheless when they had don the People for a long time after continu'd to elect no other but Patrician Magistrats THE Example of New Rome in the rise and practice of the Hierarchy too well known to require any further illustration is far more immodest THIS has bin the course of Nature and when it has pleas'd or shall please God to introduce any thing that is above the course of Nature he will as he has always don confirm it by Miracle for so in his Prophecy of the Reign of CHRIST upon Earth he expresly promises seeing that the Souls of them that were beheaded for JESUS shall be seen to live and reign with him which will be an object of Sense the rather because the rest of the Dead are not to live again till the Thousand Years be finish'd And it is not lawful for men to persuade us that a thing already is tho there be no such object of our Sense which God has told us shall not be till it be an object of our Sense THE Saintship of a People as to Government consists in the election of Magistrats fearing God and hating Covetousness and not in their confining themselves or being confin'd to men of this or that Party or Profession It consists in making the most prudent and religious choice they can yet not in trusting to Men but next God to their own Orders Give us good Men and they will make us good Laws is the Maxim of a Demagog and is thro the alteration which is commonly perceivable in men when they have power to work their own Wills exceding fallible But give us good Orders and they will make us good Men is the Maxim of a Legislator and the most infallible in the Politics BUT these Divisions however there be som good Men that look sadly on them are trivial things first as to the Civil concern because the Government wherof this Nation is capable being once seen takes in all Interests And secondly as to the Spiritual because as the pretence of Religion has always bin turbulent in broken Governments so where the Government has bin sound and steddy Religion has never shew'd it self with any other face than that of the natural Sweetness and Tranquillity nor is there any reason why it should The Errors of the People are from their Governors wherfore the Errors of the People are occasion'd by their Governors If they be doubtful of the way or wander from it it is because their Guides misled them and the Guides of the People are never so well qualify'd for leading by any Virtue of their own as by that of the Government THE Government of Oceana as it stood at the time wherof we discourse consisting of one single Council of the People exclusively of the King and the Lords was call'd a Parlament Nevertheless the Parlaments of the Teutons and of the Neustrians consisted as has bin shewn of the King Lords and Commons wherfore this under an old Name was a new thing A Parlament consisting of a single Assembly elected by the People and invested with the whole Power of the Government without any Covenants Conditions or Orders whatsoever So new a thing that neither antient nor modern Prudence can shew any avow'd Example of the like And there is scarce any thing that seems to me so strange as that wheras there was nothing more familiar with these Counsillors than to bring the Scripture to the House there should not be a Man of them that so much as offer'd to bring the House to the Scripture wherin as has bin shewn is contain'd that Original wherof all the rest of the Commonwealths seem to be Copys Certainly if LEVIATHAN who is surer of nothing than that a popular Commonwealth consists but of one Council transcrib'd his Doctrin out of this Assembly for him to except against ARISTOTLE and CICERO for writing out of their own Commonwealths was not so fair play or if the Parlament transcrib'd out of him it had bin an honor better due to MOSES But where one of them should have an Example but from the other I cannot imagin there being nothing of this kind that I can find in story but the Oligarchy of Athens the thirty Tyrants of the same and the Roman Decemvirs Lib. 8. FOR the Oligarchy THUCYDIDES tells us that it was a Senat or Council of Four hundred pretending to a Balancing Council of the People consisting of Five thousand but not producing them wherin you have the definition of an Oligarchy which is a single Council both debating and resolving dividing and chusing and what that must com to was shewn by the Example of the Girls and is apparent by the experience of all times wherfore the Thirty set up by the Lacedemonians when they had conquer'd Athens are call'd Tyrants by all Authors LEVIATHAN only excepted who will have them against all the World to have bin an Aristocracy but for what reason I cannot imagin these also as void of any Balance having bin void of that which is essential to every Commonwealth whether Aristocratical or Popular except he be pleas'd with them because that according to the Testimony
of business into the Senat so pure and so far from the possibility of being troubl'd or stain'd as will undeniably appear by the Course contain'd in the insuing Order with any kind of privat Interest or Partiality that it shall never be possible for any Assembly hearkning to the advice or information of this or that worthy Member either instructed upon his Pillow or while he was making himself ready or by the Petition or Ticket which he receiv'd at the door to have half the Security in his Faith or advantage by his Wisdom such a Senat or Council being thro the incertainty of the Winds like a wave of the Sea Nor shall it otherwise mend the matter by flowing up into dry ditches or referring businesses to be better examin'd by Committees than to go further about with it to less purpose if it dos not eb back again with the more mud in it For in a case refer'd to an occasional Committee of which any Member that is desirous may get himself nam'd and to which no body will com but either for the sake of his Friend or his own Interest it fares little better as to the Information of the Senat than if it had bin refer'd to the Partys Wherfore the Athenians being distributed into four Tribes out of which by equal numbers they annually chose four hundred Men call'd the Senat of the Bean because the Ballot at their Election was perform'd by the use of Beans divided them by Fiftys into eight parts And every Fifty in their turn for one eighth part of the year was a Council apart call'd the Prytans The Prytans in their distinct Council receiving all Comers and giving ear to every Man that had any thing to propose concerning the Commonwealth had power to debate and prepare all the businesses that were to be introduc'd into the Senat. The Achaeans had ten selected Magistrats call'd the Demiurgs constituting a Council apart call'd the Synarchy which with the Strategus prepar'd all the business that was introduc'd into their Senat. But both the Senat of the Athenians and that of the Achaeans would have wonder'd if a Man had told them that they were to receive all Comers and Discourses to the end that they might refer them afterwards to the Prytans or the Synarchy much less to an occasional Committee expos'd to the catch that catch may of the Partys interested And yet Venice in this as in most of her Orders excels them all by the Constitution of her Councils that of the College and the other of the Dieci or Council of Ten. The course of the College is exactly describ'd in the insuing Order And for that of the Dieci it so little differs from what it has bestow'd upon our Dictator that I need not make any particular description of it But to Dictatorian Power in general and the use of it because it must needs be of difficult digestion to such as puking still at antient Prudence shew themselves to be in the Nursery of Motherwit it is no less than necessary to say somthing And First in a Commonwealth that is not wrought up or perfected this Power will be of very frequent if not continual use wherfore it is said more than once upon defects of the Government in the Book of Judges That in those days there was no King in Israel Nor has the Translator tho for no King he should have said no Judg abus'd you so much seeing that the Dictator and such was the Judg of Israel or the Dictatorian Power being in a single Person so little differs from Monarchy which follow'd in that that from the same cause there has bin no other effect in any Commonwealth as in Rome was manifest by SYLLA and CESAR who to make themselves Absolute or Soverain had no more to do than to prolong their Magistracy for * * Dictatoris imperium quasi Numen Liv. the Dictatorian Power was reputed Divine and therfore irresistible Nevertheless so it is that without this Power which is so dangerous and subject to introduce Monarchy a Commonwealth cannot be safe from falling into the like dissolution unless you have an Expedient in this case of your own and bound up by your Providence from recoiling Expedients in som cases you must not only have but be beholden for them to such whom you must trust at a pinch when you have not leisure to stand with them for Security which will be a thousand times more dangerous And there can never be a Common-wealth otherwise than by the Order in debate wrought up to that perfection but this necessity must somtimes happen in regard of her natural slowness and openness and the suddenness of Assaults that may be made upon her as also the Secrecy which in som cases may be of absolute necessity to her Affairs Whence MACCHIAVEL concludes it positively That a Commonwealth unprovided of such a Refuge must fall to ruin for her course is either broken by the blow in one of those cases or by her self while it startles her out of her Orders And indeed a Commonwealth is like a Greyhound which having once coasted will never after run fair but grow slothful and when it coms to make a common practice of taking nearer ways than its Orders it is dissolv'd for the being of a Commonwealth consists in its Orders Wherfore at this lift you will be expos'd to danger if you have not provided before-hand for the safety of your Resort in the like cases nor is it sufficient that your Resort be safe unless it be as secret and quick for if it be slow or open your former Inconveniences are not remedy'd Now for our imitation in this part there is nothing in experience like that of the Council of Ten in Venice the benefit wherof would be too long to be shewn in the whole piece and therfore I shall take but a pattern out of JANOTTI In the War says he which the Venetians had with Florence in Casentin the Florentins finding a necessity in their affairs far from any other inclination in themselves to ask their Peace sent Ambassadors about it to Venice where they were no sooner heard than the bargain was struck up by the Council of Ten and every body admiring seeing this Commonwealth stood upon the higher ground what should be the reason of such hast the Council upon the return of the Ambassadors imparted Letters to the Senat wherby it appear'd that the Turc had newly lanch'd a formidable Fleet against their State which had it bin understood by the Florentins it was well enough known they would have made no Peace Wherfore the service of the Ten was highly applauded by the Senat and celebrated by the Venetians Wherby may appear not only in part what use there is of Dictatorian Power in that Government but that it is assum'd at the discretion of that Council wheras in this of Oceana it is not otherwise intrusted than when the Senat in the Election of nine Knights
which was not only a ship but a gust too could never open her sails but in danger to overset her self neither could make any voyage nor ly safe in her own harbor The Wars of later ages says VERULAMIUS seem to be made in the dark in respect of the glory and honor which reflected on men from the Wars in antient times Their shipping of this sort was for Voyages ours dare not lanch nor lys it safe at home Your Gothic Politicians seem to me rather to have invented som new Ammunition or Gunpowder in their King and Parlament than Government For what is becom of the Princes a kind of People in Germany blown up Where are the Estates or the Power of the People in France blown up Where is that of the People in Arragon and the rest of the Spanish Kingdoms blown up On the other side where is the King of Spain's Power in Holland blown up Where is that of the Austrian Princes in Switzerland blown up This perpetual peevishness and jealousy under the alternat Empire of the Prince and of the People is obnoxious to every Spark Nor shall any man shew a reason that will be holding in prudence why the People of Oceana have blown up their King but that their Kings did not first blow up them The rest is discourse for Ladys Wherfore your Parlaments are not henceforth to com out of the Bag of AEOLUS but by your Galaxys to be the perpetual food of the Fire of VESTA YOUR Galaxys which divide the House into so many Regions are three one of which constituting the third Region is annually chosen but for the term of three years which causes the House having at once Blossoms Fruit half ripe and others dropping off in full maturity to resemble an Orange-tree such as is at the same time an Education or Spring and a Harvest too for the People have made a very ill choice in the Man who is not easily capable of the perfect knowlege in one year of the Senatorian Orders which Knowlege allowing him for the first to have bin a Novice brings him the second year to practice and time enough For at this rate you must always have two hundred knowing Men in the Government And thus the Vicissitude of your Senators is not perceivable in the steadiness and perpetuity of your Senat which like that of Venice being always changing is for ever the same And tho other Politicians have not so well imitated their Pattern there is nothing more obvious in Nature seeing a Man who wears the same Flesh but a short time is nevertheless the same Man and of the same genius and whence is this but from the constancy of Nature in holding a Man to her Orders Wherfore keep also to your Orders But this is a mean Request your Orders will be worth little if they do not hold you to them wherfore imbark They are like a Ship if you be once aboard you do not carry them but they you and see how Venice stands to her tackling you will no more forsake them than you will leap into the Sea BUT they are very many and difficult O my Lords what Seaman casts away his Card because it has four and twenty Points of the Compass and yet those are very near as many and as difficult as the Orders in the whole circumference of your Common-wealth Consider how have we bin tost with every wind of Doctrin lost by the glib Tongues of your Demagogs and Grandees in our own Havens A company of Fidlers that have disturb'd your rest for your Groat two to one three thousand pounds a year to another has bin nothing And for what Is there one of them that yet knows what a Commonwealth is And are you yet afraid of such a Government in which these shall not dare to scrape for fear of the Statute THEMISTOCLES could not fiddle but could make of a small City a great Commonwealth these have fiddel'd and for your Mony till they have brought a great Commonwealth to a small City IT grieves me while I consider how and from what causes imaginary Difficultys will be aggravated that the foregoing Orders are not capable of any greater clearness in discourse or writing But if a Man should make a Book describing every trick or passage it would fare no otherwise with a game at Cards and this is no more if a Man plays upon the square There is a great difference says VERULAMIUS between a cunning Man and a wise Man between a Demagog and a Legislator not only in point of honesty but in point of ability As there be that can pack the Cards and yet cannot play well so there be som that are good in Canvasses and Factions that are otherwise weak men Allow me but these Orders and let them com with their Cards in their sleeves or pack if they can Again says he it is one thing to understand Persons and another to understand Matters for many are perfect in mens humors that are not greatly capable of the real part of Business which is the constitution of one that has study'd Men more than Books But there is nothing more hartful in a State than that cunning men should pass for wise His words are an Oracle As DIONYSIUS when he could no longer exercise his Tyranny among men turn'd Schoolmaster that he might exercise it among Boys Allow me but these Orders and your Grandees so well skil'd in the Baits and Palats of Men shall turn Ratcatchers AND wheras Councils as is discretely observ'd by the same Author in his time are at this day in most places but familiar meetings somwhat like the Academy of our Provosts where matters are rather talk'd on than debated and run too swift to order an Act of Council give me my Orders and see if I have not puzzel'd your Demagogs IT is not so much my desire to return upon hants as theirs that will not be satisfy'd wherfore if notwithstanding what was said of dividing and chusing in our preliminary Discourses men will yet be returning to the Question Why the Senat must be a Council apart tho even in Athens where it was of no other Constitution than the popular Assembly the distinction of it from the other was never held less than necessary this may be added to the former Reasons that if the Aristocracy be not for the Debate it is for nothing but if it be for debate it must have convenience for it And what convenience is there for debate in a croud where there is nothing but jostling treading upon one another and stirring of Blood than which in this case there is nothing more dangerous Truly it was not ill said of my Lord EPIMONUS That Venice plays her game as it were at Billiards or Nineholes and so may your Lordships unless your Ribs be so strong that you think better of Footbal for such sport is Debate in a popular Assembly as notwithstanding the distinction of the Senat was the destruction
where he says that rendering his Citizens emulous not careless of that honor he assign'd to the People the election of the Senat. Wherfore MACCHIAVEL in this as in other places having his ey upon the division of Patrician and Plebeian Familys as they were in Rome has quite mistaken the Orders of this Commonwealth where there was no such thing Nor did the quiet of it derive from the Power of the Kings who were so far from shielding the People from the injury of the Nobility of which there was none in his sense but the Senat that one declar'd end of the Senat at the institution was to shield the People from the Kings who from that time had but single Votes Neither did it procede from the straitness of the Senat or their keeping the People excluded from the Government that they were quiet but from the equality of their administration seeing the Senat as is plain by the Oracle their fundamental Law had no more than the Debate and the Result of the Commonwealth belong'd to the People Wherfore when THEOPOMPUS and POLYDORUS Kings of Lacedemon would have kept the People excluded from the Government by adding to the antient Law this Clause If the determination of the People be faulty it shall be lawful for the Senat to resume the Debate the People immediatly became unquiet and resum'd that Debate which ended not till they had set up their Ephors and caus'd that Magistracy to be confirm'd by their Kings * * Nam cum primus instituisset Theopompus ut Ephori Lacedamone crearentur ita futuri regiae potestati oppositi quemadmodum Romae Tribuni plâ—bis consulati imperio sunt objecti atque illi uâ—or dixiâ—â—et id egiâ—â—â— illum ut filâ—is minorem potestatem reâ—inqueret Relinquam inquit sed diuturniorem Optimè quidem Ea enim demum tuta est potentia quae viribus suis modum imponit Theopompus igitur legitimis regnum vinculis constringendo quo longius à licentia â—etraxit hot propius ad benevolentiam civium admovit Val. Max. l. 4. c. 1. de externis §. 8. For when THEOPOMPUS first ordain'd that the Ephori or Overseers should be created at Lacedemon to be such a restraint upon the Kings there as the Tribuns were upon the Consuls at Rome the Queen complain'd to him that by this means he transmitted the Royal Authority greatly diminish'd to his Children I leave indeed less answer'd he but more lasting And this was excellently said for that Power only is safe which is limited from doing hurt THEOPOMPUS therfore by confining the Kingly Power within the bounds of the Laws did recommend it by so much to the Peoples Affection as he remov'd it from being Arbitrary By which it may appear that a Commonwealth for preservation if she coms to be inequal is as obnoxious to enmity between the Senat and the People as a Commonwealth for increase and that the Tranquillity of Lacedemon was deriv'd from no other cause than her Equality FOR Venice to say that she is quiet because she disarms her Subjects is to forget that Lacedemon disarm'd her Helots and yet could not in their regard be quiet wherfore if Venice be defended from external causes of Commotion it is first thro her Situation in which respect her Subjects have no hope and this indeed may be attributed to her fortune and secondly thro her exquisit Justice whence they have no will to invade her But this can be attributed to no other cause than her Prudence which will appear to be greater as we look nearer for the effects that procede from Fortune if there be any such thing are like their cause inconstant But there never happen'd to any other Commonwealth so undisturb'd and constant a Tranquillity and Peace in her self as is that of Venice wherfore this must procede from som other cause than Chance And we see that as she is of all others the most quiet so the most equal Commonwealth Her Body consists of one Order and her Senat is like a rolling stone as was said which never did nor while it continues upon that rotation never shall gather the moss of a divided or ambitious interest much less such a one as that which grasp'd the People of Rome in the talons of their own Eagles And if MACCHIAVEL averse from doing this Commonwealth right had consider'd her Orders as his Reader shall easily perceive he never did he must have bin so far from attributing the Prudence of them to Chance that he would have touch'd up his admirable work to that perfection which as to the civil part has no pattern in the universal World but this of Venice ROME secure by her potent and victorious Arms from all external causes of Commotion was either beholden for her Peace at home to her Enemys abroad or could never rest her head My LORDS you that are Parents of a Commonwealth and so freer Agents than such as are merely natural have a care For as no man shall shew me a Commonwealth born streight that ever became crooked so no man shall shew me a Commonwealth born crooked that ever became streight Rome was crooked in her birth or rather prodigious Her twins the Patricians and Plebeian Orders came as was shewn by the foregoing story into the World one body but two heads or rather two bellys for notwithstanding the Fable out of AESOP wherby MENENIUS AGRIPPA the Orator that was sent from the Senat to the People at Mount Aventin shew'd the Fathers to be the Belly and the People to be the Arms and the Legs which except that how slothful soever it might seem they were nourish'd not these only but the whole Body must languish and be dissolv'd it is plain that the Fathers were a distinct Belly such a one as took the meat indeed out of the Peoples mouths but abhorring the Agrarian return'd it not in the due and necessary nutrition of a Commonwealth Nevertheless as the People that live about the Cataracts of Nilus are said not to hear the noise so neither the Roman Writers nor MACCHIAVEL the most conversant with them seem among so many of the Tribunitian storms to hear their natural voice for tho they could not miss of it so far as to attribute them to the strife of the People for participation in Magistracy or in which MACCHIAVEL more particularly joins to that about the Agrarian this was to take the business short and the remedy for the disease A PEOPLE when they are reduc'd to misery and despair becom their own Politicians as certain Beasts when they are sick becom their own Physicians and are carry'd by a natural instinct to the desire of such Herbs as are their proper cure but the People for the greater part are beneath the Beasts in the use of them Thus the People of Rome tho in their misery they had recourse by instinct as it were to the two main Fundamentals of a Commonwealth participation of Magistracy and the Agrarian
is a greater Light which they have I do not know There is a greater Light than the Sun but it dos not extinguish the Sun nor dos any Light of Gods giving extinguish that of Nature but increase and sanctify it Wherfore neither the Honor born by the Israelitish Roman or any other Commonwealth that I have shewn to their Ecclesiastics consisted in being govern'd by them but in consulting them in matters of Religion upon whose Responses or Oracles they did afterwards as they thought fit Nor would I be here mistaken as if by affirming the Universitys to be in order both to Religion and Government of absolute necessity I declar'd them or the Ministry in any wise fit to be trusted so far as to exercise any power not deriv'd from the Civil Magistrat in the administration of either If the Jewish Religion were directed and establish'd by MOSES it was directed and establish'd by the Civil Magistrat or if MOSES exercis'd this Administration as a Prophet the same Prophet did invest with the same Administration the Sanhedrim and not the Priests and so dos our Commonwealth the Senat and not the Clergy They who had the supreme Administration or Government of the National Religion in Athens were the first ARCHON the Rex Sacrificus or High Priest and a Polemarch which Magistrats were ordain'd or elected * * Per 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by the holding up of hands in the Church Congregation or Comitia of the People The Religion of Lacedemon was govern'd by the Kings who were also High Priests and officiated at the Sacrifice these had power to substitute their Pythii Embassadors or Nuncios by which not without concurrence of the Senat they held intelligence with the Oracle of APOLLO at Delphos And the Ecclesiastical part of the Commonwealth of Rome was govern'd by the Pontifex Maximus the Rex Sacrificulus and the Flamins all ordain'd or elected by the People the Pontifex by the ††Tributis Tribes the King by the ‖ ‖ Centuriatis Centurys and the Flamins by the ‖ ‖ ‖ ‖ Curiatis Comitiis Parishes I do not mind you of these things as if for the matter there were any parallel to be drawn out of their Superstitions to our Religion but to shew that for the manner antient Prudence is as well a rule in divine as human things nay and such a one as the Apostles themselves ordaining Elders by the holding up of hands in every Congregation have exactly follow'd for som of the Congregations where they thus ordain'd Elders were those of Antioch Iconium Lystra Derbe the Countrys of Lycaonia Pisidia Pamphylia Perga with Attalia Now that these Citys and Countrys when the Romans propagated their Empire into Asia were found most of them Commonwealths and that many of the rest were indu'd with like power so that the People living under the protection of the Roman Emperors continu'd to elect their own Magistrats is so known a thing that I wonder whence it is that men quite contrary to the universal proof of these examples will have Ecclesiastical Government to be necessarily distinct from Civil Power when the Right of the Elders ordain'd by the holding up of hands in every Congregation to teach the People was plainly deriv'd from the same Civil Power by which they ordain'd the rest of their Magistrats And it is not otherwise in our Commonwealth where the Parochial Congregation elects or ordains its Pastor To object the Common-wealth of Venice in this place were to shew us that it has bin no otherwise but where the Civil Power has lost the liberty of her Conscience by imbracing Popery as also that to take away the Liberty of Conscience in this Administration from the Civil Power were a proceding which has no other precedent than such as is Popish Wherfore your Religion is settled after the following manner the Universitys are the Seminarys of that part which is national by which means others with all safety may be permitted to follow the Liberty of their own Consciences in regard that however they behave themselves the ignorance of the unlearned in this case cannot lose your Religion nor disturb your Government which otherwise it would most certainly do and the Universitys with their Emoluments as also the Benefices of the whole Nation are to be improv'd by such Augmentations as may make a very decent and comfortable subsistence for the Ministry which is neither to be allow'd Synods nor Assemblys except upon the occasion shewn in the Universitys when they are consulted by the Council of State and suffer'd to meddle with Affairs of Religion nor to be capable of any other public Preferment whatsoever by which means the Interest of the Learned can never com to corrupt your Religion nor disturb your Government which otherwise it would most certainly do Venice tho she dos not see or cannot help the corruption of her Religion is yet so circumspect to avoid disturbance of her Government in this kind that her Council procedes not to election of Magistrats till it be proclaim'd Fora Papalini by which words such as have consanguinity with red Hats or relation to the Court of Rome are warn'd to withdraw If a Minister in Holland meddles with matter of State the Magistrat sends him a pair of Shoes wherupon if he dos not go he is driven away from his charge I wonder why Ministers of all men should be perpetually tampering with Government first because they as well as others have it in express charge to submit themselves to the Ordinances of men and secondly because these Ordinances of men must go upon such political Principles as they of all others by any thing that can be found in their Writings or Actions least understand whence you have the suffrage of all Nations to this sense that an ounce of Wisdom is worth a pound of Clergy Your greatest Clercs are not your wisest men and when som foul Absurdity in State is committed it is common with the French and even the Italians to call it Pas de Clerc or Governo da Prete They may bear with men that will be preaching without study while they will be governing without Prudence My Lords if you know not how to rule your Clergy you will most certainly like a man that cannot rule his Wife have neither quiet at home nor honor abroad Their honest Vocation is to teach your Children at the Schools and the Universitys and the People in the Parishes and yours is concern'd to see that they do not play the shrews of which parts dos consist the Education of your Commonwealth so far as it regards Religion The Ins of Court and Chancery TO JUSTICE or that part of it which is commonly executive answers the Education of the Ins of Court and Chancery Upon which to philosophize requires a peculiar kind of Learning that I have not But they who take upon them any Profession proper to the Educations mention'd that is Theology Physic or Law
compassion not to be spoken without tears that of the full branches deriving from OCTAVIA the elder Sister and JULIA the Daughter of AUGUSTUS there should not be one fruit or blossom that was not cut off or blasted by the Sword Famin or Poison Now might the great Soul of CAESAR have bin full and yet that which pour'd in as much or more was to behold that execrable race of the CLAUDII having hunted and suck'd his Blood with the thirst of Tigers to be rewarded with the Roman Empire and remain in full possession of that famous Patrimony a Spectacle to pollute the Light of Heaven Nevertheless as if CAESAR had not yet enough his Phoebean Majesty caus'd to be introduc'd on the other side of the Theater the most illustrious and happy Prince ANDREA DORIA with his dear Posterity imbrac'd by the soft and constant arms of the City of Genoa into whose bosom ever fruitful in her gratitude he had dropt her fair LIBERTY like the dew of Heaven which when the Roman Tyrant beheld and how much more fresh that Laurel was worn with a firm root in the Hearts of the People than that which he had torn off he fell into such a horrid distortion of limbs and countenance that the Senators who had thought themselves steel and flint at such an object having hitherto stood in their reverend snowlike thawing Alps now cover'd their faces with their large sleeves MY Lords said the ARCHON rising witty PHILADELPHUS has given us a grave admonition in a dreadful Tragedy Discite justitiam moniti non temnere Divos Great and glorious Caesar the highest character of flesh yet could not rule but by that part of Man which is the beast but a Commonwealth is a Monarchy to her God is King in as much as Reason his dictat is her Soverain Power WHICH said he adjourn'd the Council And the Model was soon after promulgated Quod bonum foelix faustumque sit huic Reipublicae Agite Quirites censuere Patres jubeat Populus The Sea roar'd and the Floods clapt their hands LIBERTAS The Proclamation of his Highness the Lord ARCHON of OCEANA upon Promulgation of the Model See the course of the Decemvirs in the promulgation of the first ten of their twelve Tables in LIVY WHeras his Highness and the Council in the framing of the Model promulgated have not had any privat interest or ambition but the fear of God and the good of this People before their eys and it remains their desire that this great Work may be carry'd on accordingly This present greeting is to inform the good People of this Land that as the Council of Prytans sat during the framing of the Model to receive from time to time such Propositions as should be offer'd by any wisehearted or public spirited man towards the institution of a well order'd Commonwealth so the said Council is to sit as formerly in the great Hall of the Pantheon during Promulgation which is to continue for the space of three months to receive weigh and as there shall be occasion transmit to the Council of Legislators all such Objections as shall be made against the said Model whether in the whole or in any part Wherfâ—re that nothing be don rashly or without consent of the People such of what party soever with whom there may remain any doubts oâ— difficultys are desir'd with all convenient speed to address themselves to the said Prytans where if such objections doubts or difficultys receive solution to the satisfaction of the Auditory they shall have public thanks but if the said objections doubts or difficultys receive no solution to the satisfaction of the Auditory then the Model promulgated shall be reviewed and the party that was the occasion of the review shall receive public thanks together with the best Horse in his Highness's Stable and be one of the Council of Legislators And so God have you in his keeping I SHOULD now write the same Council of the Prytans but for two reasons the one that having had but a small time for that which is already don I am overlabor'd the other that there may be new Objections Wherfore if my Reader has any such as to the Model I intreat him to address himself by way of Oration as it were to the Prytans that when this rough draught coms to be a work his Speech being faithfully inserted in this place may give or receive correction to amendment For what is written will be weigh'd But Conversation in these days is a game at which they are best provided that have light Gold It is like the sport of Women that make Flowers of straws which must be stuck up but may not be touch'd Nor which is worse is this the fault of Conversation only But to the Examiner Arist Rhet. I say If to invent method and to teach an art be all one let him shew that this Method is not truly invented or this Art is faithfully taught I CANNOT conclude a Circle and such is this Common-wealth without turning the end into the beginning The time of Promulgation being expir'd the Surveyors were sent down who having in due season made report that their work was perfect the Orators follow'd under the administration of which Officers and Magistrats the Commonwealth was ratify'd and establish'd by the whole body of the People in their * Curiatis Centuriatis Tributis Comitiis Parochial Hundred and County Assemblys And the Orators being by virtue of their Scrols or Lots Members of their respective Tribes were elected each the first Knight of the third List or Galaxy wherfore having at their return assisted the ARCHON in putting the Senat and the People or Prerogative into motion they abdicated the Magistracy both of Orators and Legislators The COROLLARY FOR the rest says PLUTARCH closing up the story of LYCURGUS when he saw that his Government had taken root and was in the very Plantation strong enough to stand by it self he conceiv'd such a delight within him as GOD is describ'd by PLATO to have don when he had finish'd the Creation of the World and saw his own Orbs move below him For in the Art of Man being the imitation of Nature which is the ‖ Hobbs Art of GOD there is nothing so like the first call of beautiful Order out of Chaos and Confusion as the Architecture of a welorder'd Commonwealth Wherfore LYCURGUS seeing in effect that his Orders were good fell into deep Contemplation how he might render them so far as could be effected by human Providence inalterable and immortal To which end he assembl'd the People and remonstrated to them That for ought he could perceive their Policy was already such and so well establish'd as was sufficient to intail upon them and theirs all that Virtue and Felicity wherof human Life is capable Nevertheless that there being another thing of greater concern than all the rest wherof he was not yet provided to give them a perfect account
with Honors limited came to be hereditary and rising to Power proceded afterwards to the War against Troy After the War with Troy tho with much ado and in a long time Greece had constant rest and Land without doubt came to Property for shifting their seats no longer at length they sent Colonys abroad the Athenians into Ionia with the Islands the Peloponnesians into Italy Sicily and other parts The Power of Greece thus improv'd and the desire of Mony withal their Revenues in what not in Mony if yet there was no Usury therfore except a man can shew that there was Usury in Land being inlarg'd in most of the Citys there were erected Tyrannys Let us lay this place to the former when out of a desire of Gain the meaner sort underwent Servitude with the Mighty it caus'd hereditary Kingdoms with Honors limited as happen'd also with us since the time of the Goths and Vandals But when the People came to Property in Land and their Revenues were inlarg'd such as assum'd Power over Book I them not according to the nature of their Property or Balance were Tyrants well and what remedy why then it was says the Considerer that the Grecians out of an extreme aversion to that which was Consid p. 4. the cause of their present Sufferings slipt into Popular Government not that upon calm and mature Debates they found it best but that they might put themselves at the greatest distance which Spirit usually accompanys all Reformations from that with which they were grown into dislike Wherby he agrees exactly with his Author in making out the true Force and Nature of the Balance working even without deliberation and whether men will or no. For the Government that is natural and easy being in no other direction than that of the respective Balance is not of choice but of necessity The Policy of King Lords and Commons was not so much from the Prudence of our Ancestors as from their necessity If three hundred men held at this day the like over-balance to the whole People it was not in the power of Prudence to institute any other than the same kind of Government thro the same necessity Thus the meaner sort with THUCYDIDES submitting to the Mighty it came to Kingdoms with hereditary Honors but the People coming to be wealthy call'd their Kings tho they knew not why Tyrants nay and using them accordingly found out means with as little deliberation it may be as a Bull takes to toss a Dog or a Hern to split a Hauk that is rather as at the long-run they will ever do in the like cases by Instinct than Prudence or Debate to thro down that which by the mere information of sense they could no longer bear and which being thrown down they found themselves eas'd But the question yet remains and that is forsooth whether of these is to be call'd Antient Prudence To this end never man made a more unlucky choice than the Considerer has don for himself of this Author who in the very beginning of his Book speaking of the Peloponnesian War or that between the Common-wealths of Athens and Lacedemon says that the Actions which preceded this and those again that were more antient tho the truth of them thro length of time cannot by any means be clearly discover'd yet for any Argument that looking into times far past he had yet lighted on to persuade him he dos not think they have bin very great either for matter of War or otherwise that is for matter of Peace or Government And lest this should not be plain enough he calls the Prudence of the Mr. Hobbs in the Magire three Periods observ'd by Mr. HOBBS viz. that from the beginning of the Grecian Memory to the Trojan War that of the Trojan War it self and that from thence to the present Commonwealths and Wars Thu. B. 1. p. 3. wherof he treats The Imbecillity of antient Times Whersore certainly this Prevaricator to give him his own fees has less discretion than a Consid p. 34. common Attorny who will be sure to examin only those Witnesses that seem to make for the Cause in which he is entertain'd Seeing that which he affirms to be Antient Prudence is depos'd by his own witness to have bin the Imbecillity of antient Times for which I could have so many more than I have leisure to examin that to take only of the most Authentic as you have heard one Greec I shall add no more than one Roman and that is FLORUS in his Prolog where computing the Ages of the Romans in the same manner THUCYDIDES did those of the Greecs he affirms the time while they liv'd under their Kings to have bin their Infancy that from the Consuls till they conquer'd Italy their Youth that from hence to their Emperors their manly age and the rest with a Complement or Salvo to TRAJAN his present Chap. 1 Lord their Dotage THESE things tho originally all Government among the Greeâ—s and the Romans was Regal are no more than they who have not yet past their Novitiat in story might have known Yet says the Considerer Consid p. 2 3. It seems to be a defect of experience to think that the Greec and the Roman Actions are only considerable in Antiquity But is it such a defect of Experience to think them only considerable as not to think them chiefly considerable in Antiquity or that the name of Antient Prudence dos not belong to that Prudence which was chiefest in Antiquity True says he it is very frequent with such as have bin conversant with Greec and Roman Authors to be led by them into a belief that the rest of the World was a rude inconsiderable People and which is a term they very much delight in altogether Barbarous This should be som fine Gentleman that would have Universitys pull'd down for the Office of a University is no more than to preserve so much of Antiquity as may keep a Nation from stinking or being barbarous which Salt grew not in Monarchys but in Commonwealths or whence has the Christian World that Religion and those Laws which are now common but from the Hebrews and Romans or from whence have we Arts but from these or the Greecs That we have a Doctor of Divinity or a Master of Arts we may thank Popular Government or with what Languages with what things are Scholars conversant that are otherwise descended will they so plead their own Cause as to tell us it is possible there should be a Nation at this day in the world without Universitys or Universitys without Hebrew Greec and Latin and not be Barbarous that is to say rude unlearn'd and inconsiderable Yes this humor even among the Greecs and Romans themselves was a servil addiction to narrow Principles and a piece of very pedantical Pride What man the Greecs and the Romans that of all other would not serve servil their Principles their Learning with whose scraps we
of this Government Wherfore it being inavoidable in the Turkish Empire that either the Janizarys or the Timariots may do what they list in regard that whether of them be able to give Law to the other must at the same time be able to give Law to the Prince and to bring them to an equal Balance were to make a Civil War or at least to sow the Seed of it the native Wound of Monarchy by Arms remains incur'd and incurable What more may be don for Monarchy founded upon a Nobility coms next to be try'd In this the Considerer gives his word that there never rises any danger to the Crown but when either a great part of the Soverain Power is put into the hands of the Nobility as in Germany and Poland Consid p. 47. where it should seem by him that the Electors and the Gentry do not put Power into the hands of the Emperor or King but the Emperor or King puts Power into the hands of the Electors or Gentry or when som Person or Family is suffer'd to overtop the rest in Riches Commands and Dependence as the Princes of the Blood and Lorrain not long since in France and of old the MONTFORTS and NEVILS in England The first of these he declares to be a vicious Government and a Monarchy only in name The second he undertakes shall easily admit of this Remedy That the great ones be reduc'd decimo sexto to a lesser Volum and level'd into an Equality with the rest of their Order HIS Putpin is pretty The Emperor puts Power into the hands of the Electors and the King of Poland puts Power into the hands of the Gentlemen Which Governments therfore and all such like as when the King of England did put Power into the hands of the Barons at such a time as he was no longer able to keep it out of their fingers by which means the antient and late Government of King Lords and Commons was restor'd are vicious Constitutions and Monarchys only in name such as he will not meddle with and therfore let them go Well but where is the Patient then if these be not Monarchys by Nobility Book I what do we mean by that thing or what Government is it that we are to cure Why such a one where som Person or Family is suffer'd to overtop the rest in Riches Commands and Dependence as the Princes of the Blood and Lorrain not long since in France and of old the MONTFORTS and the NEVILS in England So then the same again for these are no other upon recollection are those that admit of this easy cure Let the great Ones be reduc'd to a lesser Volum and level'd with the rest of their Order But how if they be the weaker Party they are not the Great Ones and if they be the stronger Party how will he reduce them Put the case a man has the Gout his Physician dos not bid him reduce his overtopping Toes to the Volum of the other Foot nor to level them to equality with the rest of their Order but prescribes his Remedys and institutes the Method that should do this feat What is the Method of our AESCULAPIUS Point de Novelle or where are we to find it e'en where you please The Princes of the Blood and of Lorrain in France the MONTFORTS and the NEVILS in England overtop'd not their Order by their own Riches or Power but by that of the Party which for their Fidelity Courage or Conduct intrusted them with the managing of their Arms or Affairs So the Prince that would have level'd them must have level'd their Party which in case the Controversy be upon the Right or pretended Right of the Nobility in the Government which commonly makes them hang together may com to the Consid p. 49. whole Order what then Why then says he the Prince must preserve his Nobility weighty enough to keep the People under and yet not tall enough in any particular Person to measure with himself which abating the figure is the same again and so I have nothing to answer but the figure Now for this the Prince himself is no otherwise tall than by being set upon the shoulders of the Nobility and so if they set another upon the same shoulders as in HENRY the 4 th or the 7 th who had no Titles to the Crown nor could otherwise have measur'd with the Prince be he never so low he coms to be tall enough in his particular person to measure with the Prince and to be taller too not only by those old examples but others that are younger than our selves tho such the Nobility having not of late bin weighty enough to keep the People under as derive from another Principle that of popular Balance A Prince therfore preserving his Nobility weighty enough to keep the People under must preserve in them the balance of that kind of Empire and the balance containing the Riches which are the Power and so the Arms of the Nation this being in the Nobility the Nobility when willing must be able to dispose of the King or of the Government Nor under a less weight is a Nobility qualify'd to keep down the People as by an Argument from the contrary HENRY the 7 th having found the strength of his Nobility that set him in a Throne to which he had no right and fearing that the Tide of their Favor turning they might do as much for another abated the dependence of their Tenants and cut off their Train of Retainers which diminution of their weight releasing the People by degrees has caus'd that Plain or Level into which we live to see the Mountain of that Monarchy now sunk and swallow'd wherfore the Balance of the Nobility being such as failing that kind of Monarchy coms to ruin and not failing the Nobility if they join may give Law to the King the inherent disease of a Monarchy by a Nobility remains also uncur'd and incurable Chap. 9 THESE are points to which I had spoken before but somthing The Balance of France concerning France and foren Guards was mumbl'd by the Prevaricator in a wrong place while he was speaking of Turky where there is no such thing This lest I be thought to have courted opposition for nothing shall open a new Scene while I take the occasion in this place to speak first of the Balance of the French Monarchy and next of the Nature and Use of Foren Guards THE whole Territory of France except the Crown Lands which on this account are not considerable consists of three shares or parts wherof the Church holds one the Nobility another and the Presidents Advocats other Officers of the Parlaments Courts of Justice the Citizens Merchants Tradesmen the Treasures Receivers of the Customs Aids Taxes Impositions Gabels all which together make a vast body hold a third by how equal Portions I am sorry that I do not know nor where to learn but this is the Balance of the
French Monarchy to which the Peasant holding nothing but living tho in one of the best Countrys of the World in the meanest and most miserable condition of a Laborer or Hynd is of no account at all THE Partys that hold the Balance in a Territory are those of whom the Government dos naturally consist wherfore these are call'd Estates so the Clergy the Nobility and the Commons are the three Estates of France Tho the third because the Peasant partaking not of the Balance can in relation to Government be of no account is not call'd the Commons but only the third Estate wheras the Yeomanry and Gentry in England having weigh'd as well in the Balance as the Church and the Nobility the three Estates of England while the Monarchy was in vigor were the Clergy the Nobility and the Commons The Consent of Nations evinces that the Function Grotius de Imp. Sum. Pot. circa sacra C. 2. S. 4. of the Clergy or Priest except where otherwise determin'd by Law appertains to the Magistrat By this right NOAH ABRAHAM JOB with the rest of the Patriarchs instructed their Familys or sacrific'd There seems to have bin a kind of Commonwealth in Canaan while MELCHISEDEC was both King and Priest Such also was MOSES till he consecrated AARON and confer'd the Priesthood upon the Levits who are expresly said to succede to the firstborn that is to the Patriarchs who till then exercis'd that Function Nor was it otherwise with the Gentils where they who had the Soverain Power or were in eminent Magistracy did also the Priestly Office omnino apud veteres qui rerum potiebantur iidem Auguria tenebant ut enim sapere sic divinare regale ducebant says CICERO and VIRGIL REX ANIUS Rex idem hominum PHOEBIQUE Sacerdos You find the Heros that is Princes in Poets sacrificing The Ethiopian Egyptian Lacedemonian Kings did the like In Athens constantly and in Rome when they had no Kings occasionally they elected a Rex sacrorum or King Priest So that a free People had thus far Power of electing their Priests is not deny'd by any man This came it should seem to be otherwise Original of a Landed Clergy establish'd by the Law in Egypt where the Priests whose Lands JOSEPH when he bought those of the People did not buy being Gen. 47. 22. great Landlords it may be to the Third of the whole Territory were one of the three Estates of the Realm And it is clear in Scripture that the People till they sold their Lands became not Servants to Book I PHARAOH While AGESILAUS was in Egypt they depos'd their Xenoph. in Orat. de Ages King which implys the recovery of their Balance but so seeing they set up another as withal shews the Balance of the Nobility to have bin predominant These Particulars seem to com near to the account of DIODORUS SICULUS by whom the Balance of Egypt should L. 1. have stood thus The whole Revenue was divided into three Parts wherof the Priest had the first the King had the second and the Nobility had the third It seems to me that the Priests had theirs by their antient Right and Title untouch'd by JOSEPH that the Kings had all the rest by the purchase of JOSEPH and that in time as is usual in like cases a Nobility came thro the bounty of succeding Kings to share with them in one half But however it came about Egypt by this means is the first example of a Monarchy upon a Nobility at least distributed into three Estates by means of a Landed Clergy which by consequence came to be the greatest Counsillors of State and fitting Religion to their uses to bring the People to be the most superstitious in the whole World WERE it not for this Example I should have said that the Indowment of a Clergy or religious Order with Lands and the erecting of them into an Estate of the Realm or Government were no antienter than the Goths and Vandals who introducing a like Policy which to this day takes place throout the Christian World have bin the cause FIRST Why the Clergy have bin generally great Counsillors to Kings while the People are led into Superstition SECONDLY By planting a religious Order in the Earth why Religion has bin brought to serve worldly ends AND Thirdly by rendring the Miter able to make War why of latter Ages we have had such a thing as War for Religion which till the Clergy came to be a third State or Landlords was never known in the World For that som Citys of Greece taking Arms upon the Thucyd. l. 1. Usurpation or Violation of som Temple have call'd it the Holy War such Disputes having bin put upon matter of Fact and not of Faith in which every man was free came not to this account MOSES was learn'd in all the Learning of the Egyptians but a Landed Clergy introduc'd he not in Israel nor went the Apostles about to lay any such Foundation of a Church Abating this one example of Egypt till the Goths and Vandals who brought in the third Estate a Government if it were inequal consisted but of two Estates as that of Rome whether under the Kings or the Commonwealth consisted of the Patricians and Plebeians or of the Nobility and the People And an equal Commonwealth consists but of one which is the People for example of this you have Lacedemon and Venice where the People being few and having many Subjects or Servants might also be call'd a Nobility as in regard of their Subjects they are in Venice and in regard of their Helots or Servants they might have bin in Lacedemon That I say which introducing two Estates causes Division or makes a Commonwealth inequal is not that she has a Nobility without which she is depriv'd of her most special Ornament and weaken'd in her Conduct but when the Nobility only is capable of Magistracy or of the Senat and where this is so order'd she is inequal as Rome But where the Nobility is no otherwise capable of Magistracy nor of the Senat than by Election of the People the Commonwealth consists but of one Order and is equal as Chap. 9 Lacedemon or Venice BUT for a Politician commend me to the Considerer he will have Rome to have bin an equal Commonwealth and Venice to be an inequal one which must be evinc'd by wiredrawing For having elswhere as has bin shewn admitted without opposition that the Balance of Empire is well divided into national and provincial the humor now Consid p. 16. 69. 70. takes him to spin that wedg into such a thred as by intangling of these two may make them both easy to be broken Hereto he betakes himself in this manner As Mr. HARRINGTON has well observ'd p. 40. where there are two Partys in a Republic with equal Power as in that of Rome the People had one half and the Nobility had the other half Confusion and Misery are there intail'd
native Interest may upon like occasions be of more Expedition and Trust Being com thus to foren Arms which is the point I more especially propos'd to my self in the present Discourse one Objection in relation to what has bin already said seems to interpose it self Seeing France while it is not govern'd by the Assembly of States is yet of the same Balance it was when govern'd by the Assembly of States it may be said that a Government of the same Balance may admit of divers Administrations TO which I need make no other answer than to put you in mind that while this Government was natural or administer'd by the Assembly of States it is celebrated by MACCHIAVEL to have bin the best order'd of any Monarchy in the world and that what it is or has bin of later times you may believe your own eys or ears Of Arms and their kind THERE be yet before I can com to foren Guards som previous Considerations All Government as is imply'd by what has bin already shewn is of these three kinds A Government of Servants A Government of Subjects or a Government of Citizens The first is absolute Monarchy as that of Turky The second Aristocratical Monarchy as that of France The third a Commonwealth as those of Israel of Rome of Holland Now to follow MACCHIAVEL in part of these the Government of Servants is the harder to be conquer'd and the easier to be held The Government of Subjects is the easier to be conquer'd and the harder to be held To which I shall presume to add that the Government of Citizens is both the hardest to be conquer'd and the hardest to be held MY Authors Reasons why a Government of Servants is the hardest to be conquer'd com to this that they are under perpetual Disciplin and Command void of such Interests and Factions as have Hands or Power to lay hold upon Advantages or Innovation whence he that invades the Turk must trust to his own strength and not rely upon Disorders in the Government or Forces which he shall be sure enough to find united HIS Reasons why this Government being once broken is easily held are that the Armys once past hope of rallying there being no such thing as Familys hanging together or Nobility to stir up their Dependents to further Reluctancy for the present or to preserve themselves by complacence with the Conquerors for future Discontents or Advantages he that has won the Garland has no more to do but to extinguish the Royal Line and wear it ever after in security For the People having bin always Slaves are such whose condition he may better in which case they are Gainers by their Conqueror but can Book I never make worse and therfore they lose nothing by him Hence ALEXANDER having conquer'd the Persian Empire he and his Captains after him could hold it without the least dispute except it arose among themselves Hence MAHOMET the Second having taken Constantinople and put PALAEOLOGUS the Greec Emperor whose Government was of like nature with the Persian together with his whole Family to the Sword the Turk has held that Empire without reluctancy ON the other side the Reasons why a Government of Subjects is easilier conquer'd are these That it is supported by a Nobility so antient so powerful and of such hold and influence upon the People that the King without danger if not ruin to himself or the Throne an example wherof was given in HEN. 7 th of England can neither invade their Privileges nor level their Estates which remaining they have power upon every discontent to call in an Enemy as ROBERT Count of Artois did the English and the Duke of Guise the Spaniard into France THE Reasons why a Government of Subjects being so easily conquer'd is nevertheless the harder to be held are these That the Nobility being soon out of countenance in such a case and repenting themselves of such a bargain have the same means in their hands wherby they brought in the Enemy to drive him out as those of France did both the English and the Spaniard FOR the Government of Citizens as it is of two kinds an equal or an inequal Commonwealth the Reasons why it is the hardest to be conquer'd are also of two kinds as first the Reasons why a Government of Citizens where the Commonwealth is equal is hardest to be conquer'd are that the Invader of such a Society must not only trust to his own strength inasmuch as the Commonwealth being equal he must needs find them united but in regard that such Citizens being all Soldiers or train'd up to their Arms which they use not for the defence of Slavery but of Liberty a condition not in this world to be better'd they have more specially upon this occasion the highest Soul of Courage and if their Territory be of any extent the vastest Body of a well disciplin'd Militia that is possible in nature wherfore an example of such a one overcom by the Arms of a Monarch is not to be found in the World And if som small City of this Frame has happen'd to be vanquish'd by a potent Commonwealth this is her Prerogative her Towers are her Funeral Pile and she expires in her own flame leaving nothing to the Conqueror but her Ashes as Saguntum overwhelm'd by Carthage and Numantia by Rome THE Reasons why a Government of Citizens where the Commonwealth is inequal is next the former the hardest to be conquer'd are the same with this difference that tho her Peace be not perfect within her condition is not to be better'd by any thing without Wherfore Rome in all her strife never call'd in an Enemy and if an Enemy upon occasion of her strife and hopes of advantage by it came without calling he presented her with her most Soverain Cure who had no leisure to destroy her self till having no Enemy to find her work she became her own Nondum tibi defuit hostis In te verte manus Nor is there any example that a Government of this kind was ever Chap. 9 subdu'd by the Arms of a Monarch tho som indeed may be found that have call'd or suffer'd foren Princes or Force to com in as Holland by Marriages of their Princes and Genoa thro her Factions as those of the FIESCI and ADORNI. Guic. l. 11. TO conclude this part as to the Reasons why a Government of Citizens so acquir'd or possest as thro Marriage or Faction is the hardest to be held there needs no more than that men accustom'd to their Arms and their Libertys will never indure the Yoke Wherfore the Spaniard tho a mighty King no sooner began in Holland a small Commonwealth to innovat or break her Orders than she threw him off with such Courage and Disdain as is admirable to the World And somwhat of the like kind did Genoa by the help of her DORIA in the vindication of her Liberty from France Proper and Improper Arms. TO com by this
be Captains while Soldier and Officer too follows his Affections or Interests which way soever they frame I should be glad to know when a Dragon fell from that Court that did not bear down Stars with his Train But the Prevaricator is set upon it wheras of late years the Janizarys are known to have bin far more imbru'd in the Blood of their Princes than ever he gives us his honest word that of late years in Turky they begin to learn the art of poising the Janizarys who are the Foot of the Princes Guard by the Spahys who are the Horse of the same and so have frequently evaded the danger of their Mutinys At which rate seeing every Army consists of Horse and Foot no Army could be mutinous If these had not bin meer slights and so intended he might have don well to have shewn us one Mutiny of the Janizarys appeas'd by the Spahys But all the parts of his Politics as was said of those in Rhetoric consist of Pronunciation THUS the Wounds of Monarchy notwithstanding the former or this last Remedy of foren Guards are still bleeding or festering BUT his Courage is undaunted aut viam inveniet aut faciet he will either mend a Government or make one by asserting without any example but with egregious confidence That the perfection of Consid p. 48 49. Monarchy is free from those flaws which are charg'd upon it and that it consists in governing by a Nobility weighty enough to keep the People under yet not tall enough in any particular Person to measure with the Prince and by a moderat Army kept under the notion of Guards and Garisons which may be sufficient to strangle all Sedition in the Cradle from which mixture or counterpoise of a Nobility and an Army arises the most excellent form of Monarchical Government THERE 's for your learning now A Model which is a short Horse and a Legislator that has soon curry'd him To the parts of it consisting of a Nobility and in force I have already spoken severally I shall now speak to the whole together that is to the imagin'd mixture or counterpoise of a Nobility and an Army and because there is nothing in Nature that has not had a natural effect by som example THE scale of Arms or of Iron continu'd in the Line of WILLIAM the Conqueror and the scale of Property or Gold continu'd in the Barons of England and their Successors But in this before the Barons Wars consisted not the perfection of the Monarchy Book I because it preponderated too much on the side of Arms nor after the Barons Wars because the King putting Power which he could not keep out of their fingers into the hands of the Nobility it became a vicious Constitution and a Monarchy only in name so says the Considerer therfore the Balance being then only even when neither the King could overbalance or get the better of the Barons nor the Barons overbalance or get the better of the King the perfection of Monarchy consisted in the Barons Wars LYCURGUS the Second MARK the King by all means must have a Nobility weighty enough to keep down the People and then he must have an Army to hold Gold weight with his Nobility as if the Nobility in that case would keep down the People and not fetch them up as did the Barons into their Scale that so together they might weigh down the Army which sooner or later is the infallible consequence of this Phansy or let it be shewn where it was ever otherwise To instance in France is quite contrary where all the considerable Offices and Commands being in the Nobility or the richer sort of that Nation the Balance of Arms and of Property are not two but one and the same There is no way for Monarchy but to have no Army or no other than the Nobility which makes the regulated Monarchy as in France Spain c. or to have an Army that may weigh down Nobility and People too that is destroy them both which makes the absolute way of Monarchy as in Turky the wit of man never found nor shall find a third there being no such thing in Nature THIS Chapter is already with the longest and yet I must give you a Corollary pouce de roy or a piece above measure relating to a Question on which the greenest Politician that ever brought his Verjuce to the Press has spur'd me WHERE he desires to know my opinion of the way of governing by Councils which he confesses he has always thought admirable he dos not Consid â— 49 50. mean such as are coordinat with the Prince which have bin seen in the World but such as those of Spain purely of Advice and Dispatch with power only to inform and persuade but not limit the Princes Will. For almost all the Weaknesses which have bin thought incident to Monarchy are by this course prevented and if there be any steadiness and maturity in the Senat of a Commonwealth this takes it all in TO give my Counsil without a Fee and deal sincerely with a Prevaricator Let the Prince that is such a one as his hold himself contented with his Divan or Cabinet If this be that he means we are agreed but if he would have more I can make no less of his words than a hankering after such Councils as I have propos'd and that these are such as he always thought admirable such as prevent almost all the Weaknesses incident to Monarchy and take in the steadiness and maturity of a Commonwealth HOW may we make this agree with that other place where he says that there is no frame of Laws or Constitution of Government which will not decay and com to ruin unless repair'd by the Prudence and Consid p. 68. Dexterity of them that govern Now that this may not be expected from a Monarch as well as from a Senat or Assembly of Men he has not yet met with any conviction but rather finds it reasonable to think that where Debates are clearest the result of them most secret and the execution sudden which are the advantages of Monarchy there the disorders of a State will soonest be discover'd and the necessary Remedys best apply'd Chap. 9 In that former place he bethought himself that the Debates of Rome were as clear as those of ANTIOCHUS that her Results were as secret as those of PHILIP or PERSEUS and of more sudden execution than either of theirs He doubted it might be true which is affirm'd by good Authors and commonly enough known that for the clearness of Debate and secresy of Result the world never saw any thing like the Senat of Venice and that in all appearance they are for execution as quick with the Divan as the Divan can be with them Now when all this is don to banish so generous Thoughts without shewing us for what cause and knock under the table is sad news But he shall sind me in any thing that is
have don This as reason good will be upon Wheels or Rotation For AS the Agrarian answers to the equality of the Foundation or Root so dos Rotation to the equality of the Superstructures or Branches of a Commonwealth EQUAL Rotation is equal Vicissitude in or Succession to Magistracy confer'd for equal terms injoining such equal Vacations as case the Government to take in the Body of the People by parts succeding others thro the free Election or Suffrage of the whole THE contrary wherto is prolongation of Magistracy which trashing the wheel of Rotation destroys the Life or natural Motion of a Commonwealth THE Prevaricator whatever he has don for himself has don this for me that it will be out of doubt whether my Principles be capable of greater Obligation or Confirmation than by having Objections made against them Nor have I bin altogether ingrateful or nice of my Labor but gon far much farther than I needed about that I might return with the more valuable Present to him that sent me on the Book I errand I shall not bo short of like proceding upon the present Subject but rather over ROTATION in a Commonwealth is of the Magistracy of the Senat of the People of the Magistracy and the People of the Magistracy and the Senat or of the Magistracy of the Senat and of the People which in all com to six kinds FOR example of Rotation in the Magistracy you have the Judg Grot. of Israel call'd in Hebrew Shophet The like Magistracy after the Kings ITHOBAL and BAAL came in use with the Tyrians from these with their Posterity the Carthaginians who also call'd their supreme Magistrats being in number two and for their Term Annual Shophetim which the Latins by a softer Pronunciation render Suffetes THE Shophet or Judg of Israel was a Magistrat not that I can find oblig'd to any certain term throout the Book of Judges nevertheless it is plain that his Election was occasional and but for a time after the manner of a Dictator TRUE it is that ELI and SAMUEL rul'd all their lives but upon this such impatience in the People follow'd thro the corruption of their Sons as was the main cause of the succeding Monarchy THE Magistrats in Athens except the Areopagits being a Judicatory were all upon Rotation The like for Lacedemon and Rome except the Kings in the former who were indeed hereditary but had no more Power than the Duke in Venice where all the rest of the Magistrats except the Procuratori whose Magistracy is but mere Ornament are also upon Rotation FOR the Rotation of the Senat you have Athens the Achaeans Aetolians Lycians the Amphictionium and the Senat of Lacedemon reprov'd Pol. l. 2. c. 7. in that it was for life by ARISTOTLE Modern Examples of like kind are the Diet of Switzerland but especially the Senat of Venice FOR the Rotation of the People you have first Israel where the Congregation which the Greecs call Ecclesia the Latins Comitia or Concio having a twofold capacity first that of an Army in which they were the constant Guard of the Country and secondly that of a Representative in which they gave the Vote of the People at the creation of their Laws or election of their Magistrats was Monthly 1 Chron. 27. 1. Now the Children of Israel after their Number to wit the chief Fathers and Captains of thousands and hundreds and their Officers that serv'd the King in any matter of the Courses which came in and went out month by month throout all the months of the year of every Course were twenty and four thousand Grot. ad loc SUCH a multitude there was of military Age that without inconvenience four and twenty thousand were every month in Arms whose term expiring others succeded and so others by which means the Rotation of the whole People came about in the space of one year The Tribuns or Commanders of the Tribes in Arms or of the Prerogative for the month are nam'd in the following part of the Chapter to the sixteenth Verse where begins the enumeration of the Princes tho GAD and ASHUR for what reason I know not be omitted of the Tribes remaining in their Provinces where they judg'd the People and as they receiv'd Orders were to bring or send such farther Inforcement or Recruits as occasion requir'd to the Army after these some other Officers are mention'd There is no question to be made but this Chap. 12 Rotation of the People together with their Prerogative or Congregation was preserv'd by the monthly Election of two thousand Deputys in each of the twelve Tribes which in all came to four and twenty thousand or let any man shew how otherwise it was likely to be don the nature of their Office being to give the Vote of the People who therfore sure must have chosen them By these the Vote of the People was given to their Laws and at Elections of their Magistrats TO their Laws as where DAVID proposes the reduction of the Ark And DAVID consulted with the Captains of thousands and hundreds 1 Chron. 13. and with every Leader And DAVID said to all the Congregation of Israel If it seems good to you and it be of the Lord God let us send abroad to our Brethren every where the Princes of Tribes in their Provinces that are left in the Land of Israel and with them also to the Priests and Levites which are in the Citys and Suburbs that they may gather themselves to us and let us bring again the Ark of our God to us for we inquir'd not at it in the days of SAUL And all the Congregation gave their Suffrage in the Affirmative said that they would do so for the thing was right in the eys of the People Nulla lex sibi soli conscientiam Justitiae Grot. è Tertul. suae debet sed eis a quibus obsequium expectat Now that the same Congregation or Representative gave the Vote of the People also in the Election of Priests Officers and Magistrates Moreover DAVID and 1 Chron. 25. the Captains of the Host separated to the Service of the Sons of ASAPH and of HEMAN and of JEDUTHUN who should prophesy with Harps with Psalterys and with Cymbals But upon the occasion to which we are more especially beholden for the preservation and discovery of this admirable Order DAVID having propos'd the business in a long and 1 Chron. 28. 2. pious speech the Congregation made SOLOMON the Son of DAVID King the second time and anointed him to the Lord to be chief Governor 1 Chron. 29. 22. and ZADOK to be Priest For as to the first time that SOLOMON was made King it happen'd thro the Sedition of ADONIJAH to 1 Kings 1. have bin don in hast and tumultuously by those only of Jerusalem and the reason why ZADOK is here made Priest is that ABIATHAR was put out for being of the Conspiracy with ADONIJAH I MAY expect by
Ephesus for the word Ecclesia in this sense and secondly that they would not persuade us the word Ecclesia has lost this signification lest they condemn this place of Scripture to be no more understood The manner of Provincial Government being thus prov'd not only out of profane Authors but out of Scripture it self and the Citys that were least free having had such power over themselves and their Territorys why if the Romans took no more of them for this protection than was paid to their former Lords did they not rather undertake the patronage of the World than the Empire seeing Venice and Dantzic while the one was tributary to the Turk the other to the King of Poland were nevertheless so free Estates that of a King or a Commonwealth that should have put the rest of the world into the like condition no less in our day could have bin said And yet that the Romans when the nature of the Eastern Monarchys shall be rightly consider'd took far less of these Citys than their old Masters will admit of little doubt CICERO surely would not ly he when Proconsul of Cilicia wrote in this manner concerning his Circuit to his friend SERVILIUS Two days I staid at Laodicea at Apamea five at Sinnadae three at Pilomelis five at Iconium ten than which Jurisdiction or Government there is nothing more just or equal Why then had not those Citys their Senats and their Book II Ecclesiae or Congregations of the People as well as that of Ephesus and those wherof PLINY gives an account to TRAJAN CORINTH was in Achaia Perga of Pamphylia Antioch of Pisidia Iconium Lystra Derbe of Lycaonia were in Cilicia and with these as som reckon Attalia Ephesus and the other Antioch were in Syria Achaia Cilicia and Syria were Roman Provinces at the time of this Perambulation of the Apostles The Citys under Provincial Administration whether free or not free were under Popular Government whence it follows that Corinth Ephesus Antioch of Syria Antioch of Pisidia Perga Iconium Lystra Derbe Attalia being at this time under Provincial Administration were at the same time under Popular Government There has bin no hurt in going about for the proof of this tho indeed to shew that these Citys had quandam 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 were under Popular Government we needed to have gon no further than the Text as where the Chancellor of Ephesus to get rid of a tumultuous Ecclesia or Assembly of the People promises them a lawful one In Iconium Lystra Derbe and the rest you hear not of any King as where HEROD stretch'd out his hand to please the Jews and vex the Church but of the People of their Rulers of their Assemblys and of their Tumults The People at Lystra are now agreed to give the Apostles divine Honors and anon both at Iconium and Lystra to stone them Now to determin of divine Honor or of Life and Death are acts of Soverain Power It is true these nevertheless may happen to be usurp'd by a mere Tumult but that cannot be said of these Congregations which consisted as well of the Magistrats and Rulers as of the People and where the Magistrats shew that they had no distinct Power wherby to restrain the People nor other means to prevail against them than by making of Partys Which Passages as they prove these Commonwealths on the one side to have bin ill constituted evince on the other that these Citys were under Popular Government CHAP. III. The Deduction of the Chirotonia from Popular Government and of the Original Right of Ordination from the Chirotonia In which is contain'd the Institution of the Sanhedrim or Senat of Israel by MOSES and of that of Rome by ROMULUS DIVINES generally in their way of disputing have a bias that runs more upon Words than upon Things so that in this place it will be necessary to give the Interpretation of som other Words wherof they pretend to take a strong hold in their Controversys The chief of these has bin spoken to already Chirotonia being a word that properly signifys the Suffrage of the People wherever it is properly us'd implys Power wherfore tho the Senat decrees by Suffrage as well as the People yet there being no more in a Decree of the Senat than Authority the Senat is never said to Chirotonize or very seldom and improperly this word being peculiar to the People And thus much is imply'd in what went before THE next Word in Controversy is Psephisma which signifys a Decree Chap. 3 or Law and this always implying Power always implys the Suffrage of the People that is where it is spoken of popular Government for tho a Psephisma or Decree of the Athenian Senat was a Law for a year before it came to the Suffrage or Chirotonia of the People yet the Law or Constitution of SOLON wherby the Senat had this Power originally deriv'd from the Chirotonia of the People THE third Word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifys to constitute or ordain this in the political sense of the same implys not Power but Authority for a man that writes or proposes a Decree or Form of Government may be said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to propose or constitute it whether it be confirm'd by the Chirotonia of the People or not nay with HALICARNASSAEUS the Word signifys no more than barely to call or assemble the Senat 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 NOW if these Words be somtimes otherwise taken what Words be there in any Language that are not often us'd improperly But that understood politically they must of necessity be understood as I have shewn or will so intangle and disorder Government that no man shall either make head or foot of it is that which I make little question to evince in the surest way that is by opening the nature of the Things whence they derive and wherof they are spoken by the best Authors AND because the Words tho the Things they signify were much more antient derive all from Athens I shall begin by this Constitution to shew the proper use of them Chirotonia in Athens as has bin shewn out of SUIDAS who speaking of Rome refers to this was Election of Magistrats or enacting Laws by the Suffrage of the People which because they gave by holding up their hands came thence to be call'd Chirotonia which signifys holding up of hands The Legislative Assembly or Representative of the People call'd the Nomothetae upon occasion of repealing an old Law and enacting a new one gave the Chirotonia of the People And yet says the Athenian Demost contra Timocr Law 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Let the Proedri give or make the Chirotonia to either Law The Proedri as was shewn in the former Book were the ten Presidents of the Prytans which Prytans upon this occasion were Presidents of the Nomothetae Again wheras it was the undoubted Right and Practice of the People to elect their Magistrats by their Chirotonia 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 it
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
Chirothesia or Imposition of Hands but take heed of that Divines will not allow the Chirothesia to be an Act of the People but in this proceding the whole people acted in the Ordination of the Levits wherfore the Levits also were ordain'd by the Chirotonia Consent Vote or Suffrage of the whole People imply'd in this action But for the Ordination of Priests and Levits whatever it was it is not to the present purpose Divines deriving not theirs from Priests and Levits but from Dukes Generals and Magistrats from that of JOSHUA and of the Sanhedrim always provided that this were of the same nature with the former that is by the Chirothesia or Imposition of Hands and not by the Chirotonia of the People However the Ordination of the Exod. 29 Magistracy was certainly Political and so in this deduction they themselves confess that their Ordination also is a Political Constitution yet wheras MOSES is commanded by God to bring AARON and his Numb 8. Sons to the door of the Tabernacle of the Congregation and having wash'd them there to adorn them with the Priestly Robes with the Miter and to anoint them wheras he is commanded the Children of Israel having first laid their Hands upon the Levits to cleanse them and offer them for an Offering Divines of the Hierarchy and the Presbytery tho it be otherwise with WALLAEUS and such as acknowlege Popular Government give the Congregation or Consent of the People for nothing and put the whole Ordination of the Priests and Levits upon the washing and cleansing or other Ceremonys of Consecration as if to put the Ordination of SAUL upon the Ceremony of anointing by SAMUEL tho perform'd by the immediat Command of God were not absolutely contradictory to Scripture and to the known Law of Israel which speaking of the People expresly says One from among thy Brethren shalt thou set King over thee Book II upon which place says PHILO Most wise MOSES never intended that Philo de inst principiis the Royal Dignity should be acquir'd by lot but chose rather that the Kings should be elected by the Chirotonia or Suffrage of the whole People The Congregations of the People assembl'd upon this as upon other public affairs and requir'd a sign or confirmation from God forasmuch as by his will Man is to the rest of Nature what the Face is to the Body Wherto agrees that of the Heathens Os homini sublime dedit Coelumque tueri jussit and their Divinations upon the like occasions by Intrals none of which were ever understood as destructive of the liberty of the People or of the freedom of their Chirotonia WHERE SOLOMON is made King and ZADOCK Priest by the People tho the Ceremony of anointing was doubtless perform'd and perhaps by the Prophet NATHAN it is wholly omitted in the place as not worth the speaking of The opinion that the Ordination of the Priests and Levits lay in the Ceremonys of their Consecration is every whit as sober and agreable to reason as if a man should hold the Kings of England to have bin made by the Unction of the Bishops Israel from the institution of MOSES to the Monarchy was a Democracy or Popular Government in Popular Government the Consent of the People is the Power of the People and both the Priests and Levits were ordain'd by the Consent of the People of Israel TO bring these things to the Citys in the perambulation of the Apostles which by the former Chapter I have prov'd to have bin Ditm. c. 10. Popular Governments it is acknowleg'd by GROTIUS to the Citys of Asia not only that they us'd the Chirotonia but in the strictest sense of the word that is to give their Suffrage by the holding up of Hands And that they had the liberty of their Religion the choice of their Magistrats both Civil and Ecclesiastical in their Ecclesi◠or Congregations has bin also undeniably evidenc'd whence it must needs follow that there were Citys in Asia 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 chirotonizing or ordaining them Elders that is Magistrats and Priests in every Congregation with Reverence be it spoken long before CHRIST was in the flesh or the Apostles any of them were born Wherfore to sum up what in this Chapter I conceive to be sufficiently prov'd I may boldly conclude That the Chirotonia derives from popular Constitution and that there was a way of Ordination by the Chirotonia CHAP. IV. The deduction of the Chirothesia from Monarchical or Aristocratical Government and of the second way of Ordination from the Chirothesia In which is contain'd the Commonwealth of the Jews as it stood after the Captivity WHAT pleases the Prince says JUSTINIAN has the force of a Law seeing the People in his Creation have devolv'd their whole Power upon his Person which is with the most But when Popular Government is chang'd into Monarchical either the whole Power of the People or a great part of it must of necessity accrue to the King Hence says SAMUEL he will appoint him Captains over Thousands Chap. 4 and Captains over Fiftys in which words perhaps is intimated the Judges of the inferior Courts or Jethronian Prefectures so that hereby 1 Sam. 8. 12. SAMUEL tells the People they shall no more have the Election of their Rulers but the King will have it who it may be chang'd the nature of som of these Magistracys or added others for when DAVID came to reign over all Israel JOAB was over the Host his 2 Sam. 8. 15. Strategus or General JEHOSHAPHAT was Recorder ZADOC and ABIMELEC were the Priests SERAIAH was the Scribe and BENAIAH was over the Pelethits and the Cherethits that is was Captain of his Regiments of Guard call'd perhaps by these names as those of ROMULUS were call'd Celeres But it should seem that few or none of these Officers were elected by the Chirotonia that is by the People but by the Prince which kind of Election as will be shewn anon may be call'd Chirothesia For the deduction of this kind of Ordination or Election we shall do well to hearken first to Dr. HAMMOND who in his Query or Discourse concerning Ordination §. 10. by the Imposition of Hands puts it thus To lift up the Hands was a Ceremony in Prayer and accordingly to lay hands on any differing Exod. 17. 11. no otherwise from lifting up than by the determining that Action to a peculiar Object the Person that was pray'd for was generally among the Jews a Ceremony of benediction us'd first by the Father to the Children in bestowing the Blessing upon them and with that the succession to som part of his Estate or Inheritance as appears in JACOB'S blessing the Children of JOSEPH he stretch'd out his right hand and laid it upon EPHRAIM'S Gen. 48. 14. head and his left hand on MANASSES and so he bless'd c. From thence it was accommodated among them to the communicating of any part of Power to others
THEODOSIUS VALENTINIAN and CHARLES the Great than Royal Election there is nothing safer Upon the heels of these Words treads Dr. HAMMOND in this manner §. 104 That Election and Ordination are several things is sufficiently known to every man that measures the nature of Words either by usage or Dictionarys only for the convincing of such as think not themselves oblig'd to the observation of so vulgar Laws I shall propose these evidences In the Story of the Creation of the Deacons of Jerusalem there are two Acts 6. things distinctly set down one propos'd to the multitude of Disciples to be don by them another reserv'd to the Apostles that which was propos'd to the Multitude was to elect c. Election of the Persons was by the Apostles permitted to them but still the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 constituting is reserv'd to the Apostles Then coms Dr. SEAMAN Be it granted as it Of Ordinat p. 13. is by Protestants generally that PAUL and BARNABAS made Elders with the consent of the People their Consent is one thing and their Power another WHERE in the first place I for my particular who have had the Books of Dr. HAMMOND and Dr. SEAMAN sent to me by way of Objection need not go a step further All that I have inserted in my Oceana concerning Ordination is in these three Votes acknowledg'd and confirm'd For the Probationer to be there sent by a University to a Cure that is vacant may by a Doctor or the Doctors of the same University already ordain'd receive Imposition of Hands if that be thought fit to be added and then the Election of the same Probationer by the People dos no hurt nay says GROTIUS is of De Imp. c. 10 the right of Nature for it is naturally permitted to every Congregation to procure those things which are necessary to their conservation of which number is the Application of Function So Merchants have the right of electing of a Master of their Ship Travellers of a Guide in their way and a free People of their King The Merchant it seems dos not make the Master of his Ship the Traveller his Guide nor the free People their King but elect them As if VAN TRUMP had bin Admiral a Robber upon the Highway had bin a Scout or the Guide of an Army or SAUL a King before they were elected The point is very nice which instead of proving he illustrats in the beginning of the same Chapter by these three similitudes THE first is this The Power of the Husband is from God the Application of this Power to a certain Person is from consent by which nevertheless the right is not given for if this were by consent the Matrimony might be dissolv'd by consent which cannot be As if an apparent retraction of Matrimonial Consent as when a Wife consents to another than her own Husband or commits Adultery did not deliver a man from the bond of Marriage by the Judgments of CHRIST There is an imperfection or cruelty in those Laws which make Marriage to Book II last longer than a man in humanity may be judg'd to be a Husband or a Woman a Wife To think that Religion destroys Humanity or to think that there is any defending of that by Religion which will not hold in Justice or natural Equity is a vast error THE second Similitude is this Imperial Power is not in the Princes that are Electors of the Empire wherfore it is not given by them but applied by them to a certain Person 1 Pet. 2. 13. THIS is answer'd by PETER where he commands Obedience to every Ordinance of Man or as som nearer the Original every Power created by men whether it be to the Roman Emperor as Supreme or to the Proconsuls of Asia and Phrygia as sent by him for this is the sense of the Greec and thus it is interpreted by GROTIUS Now if the then Roman Emperor were a Creature of Man why not the now Roman Emperor THE last Similitude runs thus The Power of Life and Death is not in the Multitude before they be a Commonwealth for no privat Man has the right of Revenge yet it is appli'd by them to som Man or Political Body of Men. But if a man invades the Life of another that other whether under Laws or not under Laws has the right to defend his own Life even by taking away that if there be no other probable Remedy of the Invader So that men are so far from having bin voâ—d of the power of Life and Death before they came under Laws that Laws can never be so made as wholly to deprive them of it after they com under them wherfore the power of Life and Death is deriv'd by the Magistrat from and confer'd upon him by the consent or Chirotonia of the People wherof he is but a mere Creature that is to say an Ordinance of Man THUS these Candles being so far from lighting the House that they dy in the Socket GROTIUS has bin no less bountiful than to grant us that the People have as much right where there is no human Creature or Law to the contrary to elect their Churchmen as Merchants have to elect their Seamen Travellers their Guides or a free People their King which is enough a conscience Nor is Dr. HAMMOND straiter handed Election says he was permitted by the Apostles to the Multitude and therfore the same may be allow'd always provided the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 constituting be reserv'd to the Pastors or ordain'd Doctors and Preachers And Dr. SEAMAN upon condition the People will not say that it was don by their power but think it fair that it was don by their consent is also very well contented So all stands streight with what I have heretofore propos'd Let no man then say whatever follows that I drive at any Ends or Interests these being already fully obtain'd and granted nevertheless for truth sake I cannot leave this Discourse imperfect If a Politician should say that the Election and the Ordination of a Roman Consul or Pontifex were not of like nature that the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Contract of the Senat of Rome with the People in the Livy Election of NUMA ut cum populus regem jussisset id sic ratum esset si patres autores fierent included or impli'd the Soverain power to be in the Fathers that the Consent of this People was one thing and their Power another if I say he should affirm these or the like in Athens Lacedemon or any other Commonwealth that is or has bin under the Sun there would be nothing under the Sun more ridiculous than that Politician But should men pretending to Government of any kind be not oblig'd to som consideration of these Rules in Nature Chap. 5 and universal Experience yet I wonder how the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to constitute with which they make such a flourish did not lead them otherwise than they follow
perform'd by the Chirotonia which by degrees came now in complacence with the Jews to the Chirothesia it seems he was contented not to alter the worst of political Institutions or Customs where he found them confirm'd by long and universal Practice and if so why should any man think that he would go about to alter or weed out the best where they had taken like root That this Administration of the Jews was Chap. 5 of the very worst is clear in the nature of the Politics there being no example of a pure Aristocracy or of a Senat such as was now the Sanhedrim without a popular balance that ever govern'd with Justice or was of any continuance Nor was the Chirothesia by which means this work came to effect in Israel introduc'd by the prudence of God but by the corrupt arts of Men. Now that the Governments at the same time of the Gentils all balanc'd by the Chirotonia of the People were in their nature more excellent and indeed more accommodated to antient Prudence as it was introduc'd by God himself in the Commonwealth of Israel has bin already sufficiently prov'd nevertheless to refresh your memory with one example more CRETE having bin as is affirm'd by the Consent of Authors the most antient and the most excellent Commonwealth in human Story was founded by RHADAMANTHUS and MINOS an Age before the Trojan War These were held to have learnt their Arts by familiar Discourse with JUPITER and from point to point to have fram'd their Model according to his direction Nor tho all acknowlege MINOS to have bin a King did he found his Government upon any other than a popular Balance or a fundamental regard to the Liberty of the People For the whole Commonwealth was made up of these three Epitome of the Common-wealth of Crete parts the College the Senat and the People The College consisted of the annual Magistrats call'd the Cosmi these had the whole extentive Power som in leading forth the Armys and others in judging the People which Functions were accordingly assign'd by the Orders to each in particular That which was common to them all was to propose such things as they had debated or prepar'd in their College or Council to the Senat. The Senat being elective for life was the Council to which appertain'd the Debate of whatever was to be propos'd to the Congregation The Congregation or Assembly of the People of Crete had not the right of Debate but in enacting of Laws and election of Magistrats had the ultimat Result of the Commonwealth Such was the Copy after which LYCURGUS wrote himself so famous a Legislator And thus stood this Frame to the six hundred and eighth year of Rome when this People having bin too favorable to Pirats then infesting those Seas turn'd the Arms of the Romans upon themselves and by these under the conduct of QUINCTUS METELLUS thence call'd CRETICUS Crete was made a Province tho the chief Citys being first freed it should seem by CICERO'S second Oration against Antony that the whole Iland was at length restor'd to her antient Liberty However by the manner observ'd by the Romans as was shewn in Provincial Government the Citys under their Magistrats who while the Common-wealth was a Province perhaps might have exercis'd the Office of the Cosmi were not yet depriv'd of their Popular Assemblys at least in their distinct Citys electing all Magistrats for their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 peculiar or domestic Government Such was the State of Crete when PAUL having appeal'd from the Jews to CAESAR and being therupon conducted by Sea towards Rome touch'd in his way upon this Iland where he left TITUS to constitute Elders in every City The word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 constitute our Divines will have to signify ordain by Imposition of Hands and Imposition of Hands to signify an act of Power excluding the People But why PAUL who among the Jews had compli'd with their Customs should injoin or how TITUS had it bin so Book II injoin'd should accomplish this where the Power was Popular they have not shewn nor consider'd To introduce Religion or Government there be but two ways either by persuasion or by force To persuade the people of Crete in whom was the Power to this new way of Ordination TITUS must have spoken to this effect Men of Crete MINOS being a King could not chuse but have a natural inclination to popular Power wherfore his pretence that JUPITER told him Power was to be in the People may be suspected to have bin imagin'd merely for his own ends or this is a certain sign that JUPITER is no true but a feign'd God seeing the true God will have it that the People should have no Power at all but that such upon whom his Ambassadors shall confer power be without all dispute obey'd How are you starting at this are you solicitous for your Commonwealth It is true that upon carnal principles or human prudence without Power in the People there can be no Common-wealth but Israel was a Commonwealth without power in the People where MOSES made all the Laws by the power invested in him by God and created all the Magistrats not by popular suffrage but by his Chirothesia Wherfore Men of Crete know ye that on whomsoever I lay my hands the same is in all spiritual Affairs or matters of Church-Government to be obey'd by you after the same manner that you have hitherto obey'd such Magistrats or Priests as have bin ordain'd by your own Election or Chirotonia Of what other nature the Arguments of TITUS to the pretended purpose could have bin I am not able to imagin nor how this should have don less than provoke the People to a dangerous jealousy of such a Doctrin But Divines to set all streight think it enough to repeat the words of PAUL to TITUS in Greec Tit. 1. 5. De Corond For this cause left I thee in Crete 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that thou shouldst ordain Elders in every City It is true that DEMOSTHENES speaks somwhat like words concerning the Expedition of PHILIP of Macedon in Peloponnesus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 when he had ordain'd Tyrants in every City but then PHILIP had an Army what Army did PAUL leave with TITUS Or if he ordain'd his Elders neither of these two ways I see no other than that only by the known and legal Chirotonia or Suffrage of the People But if this be clear the Clergy com from Crete not upon the Wings of TITUS but of ICARUS whose ambitious Wax is dissolv'd by the Sun SO much I conceive is now discover'd concerning Church-Government as may shew that it was not of one but of three kinds each obnoxious to the nature of the Civil Government under which it was planted in as much as the Chirotonia or Ballot of Israel being first introduc'd pure and without any mixture as at the Ordination of MATTHIAS came afterwards to receive som mixture of the Chirothesia
the Prince or Head of the Sanhedrim receiv'd him in by Imposition of Hands The Government of the Iconians was Popular that of the Jews was Aristocratical therfore the Iconians receiving the Christian Faith were bound to change their Democracy into Aristocracy The Apostles to comply with an Oligarchy had alter'd that Ordination which originally as at the Election of MATTHIAS was popular to Aristocracy therfore being now to plant the Gospel in a free State they might not alter it from Aristocracy to Democracy To please the Jews they might change for the worse therfore to please the Iconians they might not charge for the better Chap. 5 but must tell the People plainly That they were not to dispute but to believe and receive the Institutions as well as Doctrins that were brought them from the Metropolis How would this sound to a People that understood themselves Sic volo sic jubeo stat pro ratione voluntas THE right temper of a Metropolitan to whom Popular Power is a Heathen Custom and with whom nothing will agree but Princeing of it in the Senat But with the Apostles it was otherwise who making no words of the Chirothesia where it was needless were glad of this occasion to chirotonize or elect them Elders in every Congregation by Popular Suffrage But this they will say is not to com off from the haunt but to run still upon the People in a common or public capacity Tho the Scripture speaks of great Multitudes believing believe it there is no such thing CLEMENS says they were very few their Assemblys privat and very scanty things As privat as they were by the judgment of Divines they were it seems to receive from their Pattern if that were the Sanhedrim a Form that was public enough and why might not they have receiv'd this from that public Form wherto they were accustom'd rather than from a foren Policy and one contrary to their Customs why should they suffer such Power in new and privat as they would not indure in their old and public Magistrats Or if they receiv'd the Scriptures why should they chuse that Ordination which would fit them worst rather than that which would fit them best that of TIMOTHY rather than that of MATTHIAS Or let their Assemblys have bin never so privat or scanty yet if the Apostles chirotoniz'd them Elders in every Congregation is it not demonstrable that they did receive that of MATTHIAS and not that of TIMOTHY THUS much for the Propagation of the pure or first kind of Ecclesiastical Policy to the Citys of Lycaonia The mix'd or second kind into which the Christian Presbytery delighting to follow the steps of the Jewish the former might soon degenerat continu'd in the primitive Church to speak with the least for WALLEUS brings it down to CHARLES the Great three hundred years after CHRIST which Assertion in Mr. HOBS prov'd out of AMMIANUS MARCELLINUS Dr. HAMMOND has either willingly overseen or includes in this Answer it is most visibly void of all appearance of Truth §. 138. Wherfore to the Quotation mention'd I shall add the words of PLATINA DAMASUS the second by Nation a Bavarian sirnam'd BAGNIARIUS or as som will POPO possess'd himself of the Papacy by force and without consent of the Clergy and of the People Now what can be clearer than that by this place the Clergy and the People had hitherto a right to elect the Pope The Doctor coms near the word of defiance to Mr. HOBS in a matter of fact so apparent to any judgment that I need not add what gos before in the Life of CLEMENT the second where the Emperor ingages the People of Rome not to meddle with the Election of the Pope without his express Command nor what follows after in LEO the Ninth where the whole power of Election was now confer'd by the Emperor upon the Clergy Again VICTOR the Second says the same Author obtain'd the Papacy rather by favor of the Emperor than by free Suffrages of the Clergy and the People of Rome who apprehended the power of the Emperor whose displeasure they had somtime incurr'd by creating Popes So then the People it is clear had hitherto Book II created the Popes The power of Election thus in the whole Clergy came afterwards as at this day to be restrain'd to the Cardinals only and so to devolve into the third kind of Ordination exactly correspondent to the Sanhedrim and their Chirothesia as it was exercis'd among the converted Jews when TIMOTHY was ordain'd by the laying on of the Hands of the Presbytery NOW this is that with which of all others Divines are so inamor'd that they will not indure it should be said there is any other It is also propitious above all the rest to Monarchy as that which according to the inherent nature or impotence of Oligarchy must have a Prince at home or abroad to rest upon or becom the inevitable Prey of the People Herein lys the Arcanum or Secret of that Antipathy which is between a Clergy and a Popular Government and of that Sympathy which is between the Miter and the Crown A Prince receiving a Clergy with the Monopoly of their Chirothesia has no more to do than to make a Metropolitan by whom he governs them and by them the People especially if he indows them with good Revenues for so they becom an Estate of his Realm and a more steddy Pillar of his Throne than his Nobility themselves who as their dependence is not so strong are of a more stirring nature This is the Gothic Model from whence we had our Pattern and in which No Bishop no King THUS for the dignity of Ecclesiastical Policys whether in Scripture or Human Prudence Popular Government you see is naturally inclin'd to the very best and the spiritual Aristocracy to the very worst It is also remarkable that the Political Balance extends it self to the decision of the question about Ordination For as a People never offer'd to dispute with a well-balanc'd Clergy so a Clergy dismounted never gain'd any thing by disputing with the People As to the question of Empire or Government I propheti disarmati Rovivano the Apostles became all things to all His own words to Mr. Hobs. §. 122. THVS beyond all measure improsperous are this Divine'sVndertakings against Mr. HOBS and theVndertakings of Divines upon this Subject Advertisment to the Reader or Direction to the Answerer THE Answer of this Book must ly in proving that the Apostles at the several times and places mention'd introduc'd but one way of Ordination and that the same to which Divines now pretend or if the Apostles divided that is to say introduc'd divers ways of Ordination then the People or Magistrat may chuse I HAVE taken the more leisure and pains to state I think all the Cases of Controversy that can arise out of the Commonwealth of Oceana as you have seen in these two Books to the end I may be no more oblig'd to
write and yet not omit writing on any occasion that shall be offer'd for if my Principles be overthrown which when I see I shall most ingenuously confess with thanks to the Author such an acknowlegement will ly in a little room and this failing I am deceiv'd if I shall not now be able to shew any Writer against me that his Answer is none within the compass of three or four sheets THIS also will be the fittest way for Boys-play with which I am sure enough to be entertain'd by the quibling University men I mean a certain busy Gang of 'em who having publicly vanted that they would bring 40 examples against the Balance and since laid their Caps together about it have not produc'd one These vants of theirs offering prejudice to truth and good Principles were the cause why they were indeed press'd to shew som of their skill not that they were thought fit Judges of these things but first that they had declar'd themselves so and next that they may know they are not An Answer to three Objections against Popular Government that were given me after these two Books were printed Object 1. MONARCHICAL Government is more natural because we see even in Commonwealths that they have recourse to this as Lacedemon in her Kings Rome both in her Consuls and Dictators and Venice in her Dukes Answer GOVERNMENT whether Popular or Monarchical is equally artificial wherfore to know which is more natural we must consider what piece of Art coms nearest to Nature as for example whether a Ship or a House be the more natural and then it will be easy to resolve that a Ship is the more natural at Sea and a House at Land In like manner where one man or a few men are the Landlords a Monarchy must doubtless be the more natural and where the whole People are the Landlords a Commonwealth for how can we understand that it should be natural to a People that can live of themselves to give away the means of their livelihood to one or a few men that they may serve or obey Each Government is equally artificial in effect or in it self and equally natural in the cause or the matter upon which it is founded A COMMONWEALTH consists of the Senat proposing the People resolving and the Magistracy executing so the Power of the Magistrats whether Kings as in Lacedemon Consuls as in Rome or Dukes as in Venice is but barely executive but to a Monarch belongs both the Result and Execution too wherfore that there have bin Dukes Consuls or Kings in Commonwealths which were quite of another nature is no Argument that Monarchical Government is for this cause the more natural AND if a man shall instance in a mix'd Government as King and Parlament to say that the King in this was more natural than the Parlament must be a strange Affirmation TO argue from the Roman Dictator an Imperfection which ruin'd that Commonwealth and was not to be found in any other that all Commonwealths have had the like recourse in exigences to the like remedy is quite contrary to the universal Testimony of Prudence or Story A MAN who considers that the Commonwealth of Venice has stood one thousand years which never any Monarchy did and yet shall affirm that Monarchical Government is more natural than Popular must affirm that a thing which is less natural may be more durable and permanent than a thing that is more natural WHETHER is a Government of Laws less natural than a Government of Men or is it more natural to a Prince to govern by Laws or by Will Compare the Violences and bloody Rapes perpetually made upon the Crown or Royal Dignity in the Monarchys of the Hebrews and the Romans with the State of the Government under either Commonwealth and tell me which was less violent or whether that which is more violent must therfore be more natural Object 2. THE Government of Heaven is a Monarchy so is the Government of Hell Answer IN this says MACCHIAVEL Princes lose themselves and their Empire that they neither know how to be perfectly good nor intirely wicked He might as well have said that a Prince is always subject to Error and Misgovernment because he is a Man and not a God nor a Devil A Shepherd to his Flock a Plowman to his Team is a better Nature and so not only an absolute Prince but as it were a God The Government of a better or of a superior Nature is to a worse or inferior as the Government of God The Creator is another and a better Nature than the Creature the Government in Heaven is of the Creator over his Creatures that have their whole dependence upon him and subsistence in him Where the Prince or the Few have the whole Lands there is somwhat of dependence resembling this so the Government there must of necessity be Monarchical or Aristocratical But where the People have no such dependence the causes of that Government which is in Heaven are not in Earth for neither is the Prince a distinct or better Nature than the People nor have they their subsistence by him and therfore there can be no such effect If a Man were good as God there is no question but he would be not only a Prince but a God would govern by Love and be not only obey'd but worship'd or if he were ill as the Devil and had as much power to do mischief he would be dreaded as much and so govern by Fear To which latter the Nature of man has so much nearer approaches that tho we never saw upon Earth a Monarchy like that of Heaven yet it is certain the perfection of the Turkish Policy lys in this that it coms nearest to that of Hell Object 3. GOD instituted a Monarchy namely in MELCHIZEDEC before he instituted a Commonwealth Answer IF MELCHIZEDEC was a King so was ABRAHAM too tho one that paid him Tithes or was his Subject for ABRAHAM made War or had the power of the Sword as the rest of the Fathers of Familys he fought against So if CANAAN was a Monarchy in those days it was such a one as Germany is in these where the Princes also have as much the right of the Sword as the Emperor which coms rather as has bin shewn already to a Commonwealth But whether it were a Monarchy or a Commonwealth we may see by the present state of Germany that it was of no very good Example nor was MELCHIZEDEC otherwise made a King by God than the Emperor that is as an Ordinance of Man THE ART OF LAWGIVING In Three BOOKS The First shewing the Foundations and Superstructures of all kinds of Government The Second shewing the Frames of the Commonwealths of Israel and of the Jews The Third shewing a Model fitted to the present State or Balance of this Nation The Order of the Work The First Book THE Preface considering the Principles or Nature of Family
the Heavens are the Lords but the Earth has he given to the Children of Men Yet says God to the Father of these Children In the sweat of thy Face shalt thou eat thy Bread Dii laborantibus sua munera vendunt This Donation of the Earth to Man coms to a kind of selling it for INDUSTRY a Treasure which seems to purchase of God himself From the different kinds and successes of this Industry whether in Arms or in other Exercises of the Mind or Body derives the natural equity of Dominion or Property and from the legal establishment or distribution of this Property be it more or less approaching towards the natural equity of the same procedes all Government The balance of Empire consists in Property THE distribution of Property so far as it regards the nature or procreation of Government lys in the overbalance of the same Just as a man who has two thousand pounds a year may have a Retinue and consequently a Strength that is three times greater than his who injoys but five hundred pounds a year Not to speak at this time of Mony which in small Territorys may be of a like effect but to insist upon the main which is Property in Land the overbalance of this as it was at first constituted or coms insensibly to be chang'd in a Nation may be especially of three kinds that is in One in the Few or in the Many The generation of Absolute Monarchy THE overbalance of Land three to one or therabouts in one Man against the whole People creates Absolute Monarchy as when JOSEPH had purchas'd all the Lands of the Aegyptians for PHARAOH The Constitution of a People in this and such cases is capable of intire servitude Buy us and our Land for Bread and we and Gen. 47. 19. our Land will be Servants to PHARAOH The generation of Regulated Monarchy 1 Sam. 8. THE overbalance of Land to the same proportion in the Few against the whole People creates Aristocracy or Regulated Monarchy as of late in England And hereupon says SAMUEL to the People of Israel when they would have a King He will take your Fields even the best of them and give them to his Servants The constitution of a People in this and the like cases is * Nec totam libertatem nec totam servitutem pati possunt Tacit. neither capable of intire Liberty nor of intire Servitude The generation of Popular Government THE overbalance of Land to the same proportion in the People or where neither one nor the few overbalance the whole People creates Popular Government as in the division of the Land of Canaan to the whole People of Israel by lot The constitution of a People in this and the like cases is capable of intire Freedom nay not capable of any other settlement it being certain that if a Monarch or single Person in such a State thro the corruption or improvidence of their Counsils might carry it yet by the irresistible force of Nature or the reason alleg'd by MOSES I am not able to bear all this People alone Numb 11. 14. Book I because it is too heavy for me he could not keep it but out of the deep Waters would cry to them whose feet he had stuck in the mire Of the Militia and of the Negative Voice WHEREVER the balance of a Government lys there naturally is the Militia of the same and against him or them wherin the Militia is naturally lodg'd there can be no negative Vote IF a Prince holds the overbalance as in Turky in him is the Militia as the Janizarys and Timariots If a Nobility has the over-balance the Militia is in them as among us was seen in the Barons Wars and those of York and Lancaster and in France is seen when any considerable part of that Nobility rebelling they are not to be reduc'd but by the major part of their Order adhering to the King IF the People has the overbalance which they had in Israel the Judg. 20. Militia is in them as in the four hundred thousand first decreing and then waging War against Benjamin Where it may be inquir'd what Power there was on earth having a Negative Voice to this Assembly This always holds where there is Settlement or where a Government is natural Where there is no Settlement or where the Government is unnatural it procedes from one of these two causes either an imperfection in the Balance or else such a corruption in the Lawgivers wherby a Government is instituted contrary to the Balance Imperfect Government IMPERFECTIONS of the Balance that is where it is not good or down weight cause imperfect Governments as those of the Roman and of the Florentin People and those of the Hebrew Kings and Roman Emperors being each exceding bloody or at least turbulent Tyranny Oligarchy Anarchy GOVERNMENT against the balance in One is Tyranny as that of the Athenian PISISTRATUS in the Few it is Oligarchy as that of the Roman DECEMVIRS in the Many Anarchy as that under the Neapolitan MAZINELLO The Divine right of Government WHEREVER thro Causes unforeseen by Human Providence the Balance coms to be intirely chang'd it is the more immediatly to be attributed to Divine Providence And since God cannot will the necessary cause but he must also will the necessary effect or consequence what Government soever is in the necessary direction of the Balance the same is of Divine Right Wherfore tho of the Israelits God says â—os 8. 4. They have set up Kings but not by me they have made Princes and I knew it not yet to the small Countries adjoining to the Assyrian Empire â—â—r 27. 6 17. he says Now have I given all these Lands into the hand of the King of Babylon my Servant Serve the King of Babylon and live CHAP. II. Shewing the variation of the English Balance THE Land in possession of the Nobility and Clergy of England till HENRY 7 th cannot be esteem'd to have overbalanc'd those held by the People less than four to one Wheras in our days the Clergy being destroy'd the Lands in possession of the People overbalance those held by the Nobility at least nine in ten In shewing how this change came about som would have it that I assume to my self more than my share tho they do not find me delivering that which must rely upon Authority and not vouching my Authors But HENRY the Seventh being conscious of infirmity in his Title yet finding with what strength and vigor he was brought in by the Nobility Chap. 2 conceiv'd jealousys of the like Power in case of a decay or change of Affections Nondum orbis adoraverat Romam The Lords yet led Country lives their Houses were open to Retainers Men experienc'd in Military Affairs and capable of commanding their Hospitality was the delight of their Tenants who by their Tenures or Dependence were oblig'd to follow their Lords in Arms.
by a greater part of their own Order he may have greater Power and less Security as at present in France THE safer way of this Government is by Orders and the Orders proper to it specially consist of a Hereditary Senat of the Nobility admitting also of the Clergy and of a Representative of the People made up of the Lords menial Servants or such as by Tenure and for Livelihood have immediat dependence upon them as formerly in England No such thing as pure Aristocracy or pure Democracy AN Aristocracy or State of Nobility to exclude the People must govern by a King or to exclude a King must govern by the People Nor is there without a Senat or mixture of Aristocracy any Popular Government Whence tho for discourse sake Politicians speak of pure Aristocracy and pure Democracy there is no such thing as either of these in Nature Art or Example The Superstructures of Popular Government WHERE the People are not overbalanc'd by one Man or by the Few they are not capable of any other Superstructures of Government or of any other just and quiet settlement whatsoever than of such only as consists of a Senat as their Counsillors of themselves or their Representatives as Soverain Lords and of a Magistracy answerable to the People as distributers and executioners of the Laws made by the People And thus much is of absolute necessity to any or every Government that is or can be properly call'd a Commonwealth whether it be well or ill order'd Definition of a well order'd Common-wealth Distinction of Magistracy BUT the necessary definition of a Commonwealth any thing well order'd is That it is a Government consisting of the Senat proposing the People resolving and the Magistracy executing MAGISTRACY is a stile proper to the executive part yet because in a Discourse of this kind it is hardly avoidable but that such as are of the proposing or resolving Assemblys will be somtimes compriz'd under this name or stile it shall be enough for excuse to say that Magistracy may be esteem'd of two kinds the one proper or Executive the other improper or Legislative Senats and their kinds A SENAT may consist of a Hereditary Order elective for life by it self or by som Magistrat or Magistrats of the same as the Senat of Rome consisted of the Patrician Order therinto eligible first by the Consuls and then by the Censors A Senat may consist of Senators elected by the People for life as that of Lacedemon It may consist of Senators eligible by the People for terms without any vacation or interval as the Senat of Venice or with intervals as the Senat of Athens which also for another difference was elected by lot Popular Assemblys and their kinds A POPULAR Assembly may consist of the whole People as the great Council of Venice for the Venetians tho call'd in respect of their Subjects Nobility are all that free People which is compriz'd in that Commonwealth or of a Representative as in Israel Again a Representative Book I of the People may be for life as in the particular Citys or Soveraintys of Holland improperly call'd Senats or it may be upon Rotation that is to say by changes or courses as that of Israel and the present Representative in England it may also be by lot as the Roman Tribes call'd the Prerogative and the Jurevocatae Supreme Magistrats and their kinds TO speak of Magistrats in a Commonwealth and all their kinds were to begin an endless discourse the present I shall therfore confine to such only as may be call'd Supreme Magistrats The Supreme Magistracy of a Commonwealth may be in one or more and it may be for life or for terms and vacations In one elective by the People for life as in the Duke of Venice whose Function is Civil and not Military In two Hereditarily as in the two Kings of Lacedemon whose Function was rather Military than Civil In nine annually elective by the People as in the nine Princes or Archons of Athens In two annually elected by the People as the Roman Consuls whose Power was both Military and Civil In a word it may be in one or more for life or for terms and vacations as shall best sute with the occasion Other differences in Commonwealths SOM Commonwealths consist of distinct Soveraintys as Switzerland and Holland others are collected into one and the same Soverainty as most of the rest Again som Commonwealths have bin upon Rotation or Courses in the Representative only as Israel Others in the Magistracy only as Rome Som in the Senat and in the Magistracy as Athens and Venice Others in som part of the Magistracy and in others not as Lacedemon in the Ephori and not in the Kings and Venice not in the Duke nor in the Procuratori but in all the rest Holland except in the Election of States Provincial which is emergent admits not of any rotation or courses There may be a Commonwealth admitting of Rotation throout as in the Senat in the Representative and in the Magistracy as that propos'd in Oceana Rotation or Courses ROTATION if it be perfect is equal election by and succession of the whole People to the Magistracy by terms and vacations Popular Election EQUAL Election may be by Lot as that of the Senat of Athens by Suffrage as that of Lacedemon or by Ballot as that of Venice which of all others is the most equal The Ballot THE Ballot as it is us'd in Venice consists of a Lot whence procedes the right of proposing and of an unseen way of suffrage or of resolving The different Genius of Commonwealths FROM the wonderful variety of parts and the difference of mixture hitherto scarce touch'd by any result those admirable differences that are in the Constitution and Genius of Popular Governments som being for defence som for increase som more equal others inequal som turbulent and seditious others like soft streams in a perpetual tranquillity Tâ—◠〈◊〉 â—f Sedition in a Comm nwealth THAT which causes innat Sedition in a Commonwealth is Inequality as in Rome where the Senat opprest the People But if a Commonwealth be perfectly equal it is void of Sedition and has attain'd to perfection as being void of all internal causes of dissolution Definition of an equal Common-wealth AN equal Commonwealth is a Government founded upon a balance which is perfectly Popular being well fix'd by a sutable Agrarian and which from the balance thro the free suffrage of the People given by the Ballot amounts in the Superstructures to a Senat debating Chap. 4 and proposing a Representative of the People resolving and a Magistracy executing each of these three Orders being upon Courses or Rotation that is elected for certain tâ—rms injoining like Intervals The difference between Laws and Orders SUCH Constitutions in a Government as regard the Frame or Model of it are call'd Orders and such things as
as certain When the Children of Ammon made War against Israel Israel assembl'd themselves together and incamp'd in Mizpeh whence the Judg. 10. 17. Elders of Gilead went to fetch JEPHTA out of the Land of Tob. Then Judg. 11. 5 11. JEPHTA went with the Elders of Gilead and the People made him Head and Captain over them and JEPHTA utter'd all his words before the Lord in Mizpeh But that SOLOMON was elected by the Lot I do not affirm it being most probable that it was by Suffrage only DAVID proposing and the People resolving Nor whether JEPHTA was elected by Suffrage or by the Ballot is it material however that the ordinary Magistrats were elected by the Ballot I little doubt Election of Senators and Judges of inferior Courts THE ordinary Magistrats of this Commonwealth as shall hereafter Sect. 9 be more fully open'd were the Sanhedrim or the seventy Elders and the inferior Courts or Judges in the Gates of the Citys Book II For the Institution and Election of these MOSES propos'd to the Deut. 1. 13. People or the Congregation of the Lord in this manner Take you wise men and understanding and known among your Tribes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and I will make or constitute them Rulers over you Where by the way lest MOSES in these words be thought to assume power SOLON says ARISTOTLE 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 made or constituted the Popular Government of Athens In which he implys not that SOLON was a King or had Soverain Power but that he was a Lawgiver and had authority to propose to the People Nor is there more in the words of MOSES upon whose Proposition say Jewish Writers each of the twelve Tribes by free Suffrages elected six Competitors and wrote their Names in scrols which they deliver'd to MOSES MOSES having thus presented to him by the twelve Tribes seventy and two Competitors for seventy Magistracys had by consequence two more Competitors than were capable of the Preferment to which they were elected by the People Wherfore MOSES took two Urns into the one he cast the seventy two Names presented by the People into the other seventy two Lots wherof two were blanks the rest inscrib'd with the word Elder This don he call'd the Competitors to the Urn where the seventy to whose Names came forth the Prizes went up to the Tabernacle the Session-house See Numb 11. 26. being there provided and the two that drew the Blanks namely ELDAD and MEDAD tho of them that were elected and written by the Tribes went not up to the Tabernacle but remain'd in the Camp as not having attain'd to Magistracy Thus if this place in Scripture can admit of no other Interpretation so much as I have cited out of the Talmud tho otherwise for the most part but a fabulous and indigested heap must needs be good and valid In this manner one or more Senators happening to dy it was easy for each Tribe chusing one or more Competitors accordingly out of themselves to decide at the Urn which Competitor so chosen should be the Magistrat without partiality or cause of feud which if a man considers this Constitution was not perhaps so readily to be don otherwise The like no doubt was don for the inferior Courts except that such Elections the Commonwealth being once settl'd were more particular and perform'd by that Tribe only in whose Gates that Court was sitting Sect. 10 The story of the Sanhedrim and of the inferior Courts as to their first institu ion Exod. 18. 24 25. THE first institution of these Courts came to pass in the manner following Before the People were under orders the whole Judicature lay upon the shoulders of MOSES who being overburden'd was advised by JETHRO And MOSES hearken'd to the voice of his Father-in-law and chose after the manner shewn able men out of all Israel and made them Heads over the People Rulers of thousands Rulers of hundreds Rulers of fiftys and Rulers of tens The number of which Rulers compar'd with the number of the People as in the muster roll at Sinai must in all have amounted to about six thousand These thus instituted while Israel was an Army came to be the same when the Army was a Commonwealth wherof it is said 〈◊〉 16. 18. Judges and Officers shalt thou make thee in all thy Gates which the Lord thy God gives thee throout thy Tribes and they shall judg the People with just Judgment Each of these Courts by the practice of the Jewish Commonwealth consisted of twenty three Elders But JETHRO in his advice to MOSES adds concerning these Judicatorys this Caution Let them judg the People at all seasons and it shall be that Chap. 2 every great matter they shall bring to thee but every small matter they shall Exod. 18. 22. judg So shall it be easier for thy self and they shall bear the burden with thee Which nevertheless follow'd not according to JETHRO'S promise the Appeals being such to MOSES that he gos with this complaint to God I am not able to bear all this People alone because it is too heavy for me Numb 11. 14 16. Wherupon the Lord said to MOSES Gather to me seventy men of the Elders of Israel whom thou knowest to be Elders of the People and Officers over them and bring them to the Tabernacle of the Congregation that they may stand with thee but Crowns will have no rivals and they shall bear the burden of the People with thee that thou bear it not alone But a Monarch is one that must be alone And MOSES went out and told Ver. 24. the People the words of the Lord which a Monarch needed not to have don and gather'd the seventy men of the Elders of the People the manner wherof is already shewn JETHRO being a Heathen informs MOSES of the Orders of his own Commonwealth which also was Heathenish Yet in Scripture is both JETHRO join'd with MOSES and the Commonwealth of Midian with the Commonwealth of Israel How then coms it to be irreverend or atheistical as som say in Politicians and while political Discourses cannot otherwise be manag'd to compare tho but by way of illustration other Legislators or Politicians as LYCURGUS SOLON with MOSES or other Commonwealths as Rome and Venice with that of Israel But the Authors of such Objections had better have minded that the burden wherof MOSES here complain'd could in no manner be that of ordinary Judicature of which he was eas'd before by the advice of JETHRO and therfore must have bin that of Appeals only so either the Sanhedrim bore no burden at all with MOSES or they bore that of Appeals with him And if so how say they that there lay an Appeal from the seventy Elders to MOSES Lot Ordel or Inquisition by Lot Deut. 13. 12 c. BUT I said the Lot was of use also toward the discovery of conceal'd Sect. 11 Malefactors Of this we have an Example in
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.
interest to break but to preserve the Orders which therfore no other can have the power or strength to break or som other breaking must but lose that which they pretend to gain to wit the Right which in this case must still fall to the Might devolving upon the People That Mr. WREN will needs fancy the Tribes or Citys in Oceana as those in W. p. 87. the united Provinces or the Cantons of Switzerland to be distinct Soveraintys concerns not me seeing the form of Oceana is far otherwise nor indeed him seeing neither do the Citys in Holland nor the Cantons in Switzerland go about to dissolve their Commonwealths or Leagues The Champion having thus fail'd at the head is contented to play low Tho there be care taken says he that at the Assembly of the Hundred W. p. 181. and the Tribe such and such Magistrats should be elected out of the Horse there is no necessary provision there should be any Horse there out of which to elect And where can they be then if not in som Parish He might better have said that at the Parish there was no care taken that the People should not elect too many of the Horse which being indeed the defect of the former is in this Edition rectify'd His last See Proposition 44. W. p. 183. exception is against the place where I say that They who take upon them the profession of Theology Physic or Law are not at leisure for the Essays wherby the Youth commence for all Magistracys and Honors in the Commonwealth To which reason he offers not so much as any Answer nor pretends any other Argument against it than that this excludes Divines Lawyers and Physicians from those Honors to which their Parish Clerks their Scriveners and their Apothecarys nay Farriers and Coblers may attain And what can I help that if it ought nevertheless so to be for a reason which he cannot answer Nay if so it be in common practice where the reason is nothing near so strong seeing a Parish Clerk a Scrivener an Apothecary nay a Cobler or a Farrier is not uncapable of being of the Common Council nor yet of being an Alderman or Lord Mayor of London which nevertheless that a Divine a Lawyer or a Physician should be were absurd to think Divines have a Plow from which they ought not to look back they have above a tenth of the Territory with which they ought to be contented and more than all Civil Interest contracted by a Clergy corrupts Religion For Lawyers their Practice and Magistracys are not only the most gainful but for life and in a Common-wealth neither is accumulation of Magistracy just or equal nor the confounding of Executive and Legislative Magistracy safe Will Mr. WREN believe one of our own Lawyers and one of the learnedst of them upon this point It is the Lord VERULAM They says he Verulam de Aug. Scien lib. 8. cap. 3. who have written de legibus of Lawmaking have handl'd this Argument as Philosophers or as Lawyers Philosophers speak higher than will fall into the capacity of practice to which may be refer'd PLATO'S Commonwealth Sir THOMAS MORE' 's Vtopia with his own Atlantis and Lawyers being obnoxious and addicted each to the Laws of their particular Country have no freedom nor sincerity of Judgment but plead as it were in bonds Certainly the cognizance of these things is most properly pertaining to political Persons who best know what stands with human Society what with the safety of the People what with natural Equity with antient Prudence and with the different Constitution of Common-wealths These therfore by the Principles and Precepts of natural Equity and good Policy may and ought to determin of Laws For Physicians who as such have in the management of State Affairs no prejudice if you open them the door they will not at all or very rarely com in wherby it appears First that such a bar may in som cases be no violation of Liberty and secondly that the Divines who for better causes might be as well satisfy'd and for more unanswerable Reasons ought to forbear yet are impatient and give a full testimony that their meaning is not good THUS is the Commonwealth by Mr. WREN oppos'd by him asserted There remains no more to the full confutation of his Book than to shew how the Monarchy by him asserted is by him destroy'd This is to be don by the examination of his ninth Chapter which is the next of those to which he refer'd us Sect. 3 THE opposition made by Mr. WREN to a Commonwealth That Mr. Wren's Assertion of Monarchy amounts to the Subversion of it and his pretended asserting of Monarchy run altogether upon Mr. HOBS'S Principles and in his very words but for want of understanding much enervated so that Mr. WREN'S whole â—eat of Arms coms but to have given me a weaker Adversary for a stronger In Soverainty says he the diffus'd strength of the Multitude is united W. p. 97. in one person which in a Monarchy is a natural person in a State an artificial one procreated by the majority of Votes This then is the grand W. p. 99. security of all Soverains whether single Persons or Assemblys that the united Forces of their Subjects with which they are invested is sufficient to suppress the beginnings of Seditions Who reads Mr. HOBS if this be news But what provision is made by either of these Authors that the Forces of the Subject must needs be united Is Union in Forces or in Government an Effect wherof there is no Cause Or to what cause are we to attribute this certain Union and grand Security Why let W. p. 103. there be such a Nobility as may be a Monarch's Guard against the People And lest a Monarch stand in need of another Guard against this Nobility let none of these excel the resâ— of his Order in power or dignity Which Effects or Ends thuâ— commanded â—ouchsafe not to acquaint us with Ibid. their ways Yâ—s let the Nobility hâ—â—e no right to assemble themselves for electing a Succâ—ssor to the Monarchy or for making of War or Peace or for nominating the great Ministers of State or for performing any other Act which by the nature of it is inseparable from the Soverain Power But why then must such a Nobility be a guard against the People and not rather a guard for the People seeing both their Interests and Sufferings at this rate are the same and include those very causes for which in the Barons War the Nobility became Incendiarys and Leaders of the People of England against their Kings and so those wherby their Captain came to excel the rest of his order in power or dignity But for this W. p. 105. the Prince is to be provided by having always in pay a sufficient Militia and som places of strength where a few may be secure against a number For places of Strength Citadels or Castles
that which he coms not to lose Val. I must confess that our Army has it now in their power to introduce a Commonwealth Pub. And there is no other action in their power that can excuse them Val. Putting the case they would hearken to you what course would you advise Pub. The same that I have advis'd over and over Val. As how Pub. As how is that yet a Question Let them divide the Territory into fifty equal parts Val. They will never make a new division Pub. Why then they shall never have an equal Commonwealth Val. What ill luck is this that the first step should be so difficult Pub. You speak as if never any Territory had bin divided wheras there is none that has not and Surveyors will tell you it is a work to be perfectly perform'd in two months and with ease Val. Putting the case this were don what is next Pub. The next is that the Commonwealth were complete Val. Say you so this indeed makes amends but how Pub. With no more addition than that the People in every distinct division elect annually two Knights and seven Deputys Val. I dare say the People would never stick at this Pub. Not sticking at this they of their own power have instituted the two great Assemblys of which every Commonwealth consists Val. But in advising these things you must advise men so that they may understand them Pub. VALERIUS could I as easily have advis'd men how to understand as what to do there had bin a Commonwealth ere this Val. Com I will have you try somthing of this kind and begin upon som known Principle as this All Power is in the People Pub. Content But the diffusive Body of the People at least in a Territory of this extent can never exercise any Power at all Val. That is certain Pub. Hence is the necessity of som form of Government Val. That is the People of themselves being in a natural incapacity of exercising Power must be brought into som artificial or political capacity of exercising the same Pub. Right Now this may be don three ways as first by a single Person Val. How Pub. Nay I am not likely to trouble you much upon this point but as you were intimating just now there are Royalists who derive the original Right of Monarchy from the consent of the People Val. There are so Pub. And these hold the King to be nothing else but the Representer of the People and their Power Val. As the Turc Pub. Yes as the Turc Val. The Peoples Power at that rate coms to the Peoples Slavery Pub. You say right and so it may at other rates too Val. As how Pub. Why as I was about to say The Power of the People may be politically brought into exercise three ways by a single Person by an Assembly consisting of a few or by an Assembly consisting of many Val. Or by a mixture Pub. Nay I pray let that alone yet a while for which way soever you go it must com at length to som mixture seeing the single Person you nam'd but now without his Divan or Council to debate and propose to him would make but bad work even for himself But as the Government coms to be pitch'd fundamentally upon one of these three so it differs not only in name but in nature Val. I apprehend you as Monarchy Aristocracy and Democracy Pub. Nay you are out with your Learning when you have forbidden it me But in Countrys where there is not a Nobility sufficiently balanc'd or inrich'd there can be none of your Aristocracy and yet there may as long as it will last be a Government in a few Val. What call you that Pub. Nay what say you Val. Com it is Oligarchy when all is don som words of Art we must use Pub. I thought you would com to it and yet seeing I have promis'd I will be sparing But with your pardon you have disorder'd my Discourse or by this time I had shew'd that if the Power of the People be committed to a single Person the common Interest is submitted to that of a Family and if it be committed to a few it is submitted to the Interest of a few Familys Val. Which so many times as they are more than one is so many times worse than Monarchy Pub. I am not sorry that you are of that mind For there is no such thing as a Commonwealth or as you say Democracy in nature if it be not pitch'd upon a numerous Assembly of the People Val. What call you numerous Pub. Why an Assembly such for number as can neither go upon the interest of one single Person or Family nor the interest of a few Persons or Familys Val. How will you constitute such an Assembly Pub. Commonwealths for the Constitution of their Popular Assemblys have had two ways The first by inrolling all their Citizens and stating the Quorum in such sort that all to and above the stated number repairing at the time and place appointed are impower'd to give the Vote of the whole Commonwealth Val. The Athenian Quorum was six thousand which towards the latter end of that Commonwealth came to five Pub. So so you may quote Authors But you may remember also that Athens was a small Commonwealth Val. How many would you advise for England Pub. Put the case I should say ten thousand Val. They will laugh at you Pub. What can I help that or how many would you advise Val. I would not go above five thousand Pub. Mark you then they only that are nearest would com and so the City of London would give Law to the whole Nation Val. Why really that same now is clear but would there be less danger of it in case you stated your Quorum at ten at twenty or tho it were at a hundred or two hundred thousand Pub. No For which cause as to England it is a plain case that this is no way for the institution of a popular Assembly Val. Which way then Pub. For England there is no way but by Representative to be made to rise equally and methodically by stated Elections of the People throout the whole Nation Val. Needs this to be so numerous as the other Pub. No. Val. Why Pub. Because it is not obnoxious to a Party to any certain Rank or such as are soonest upon the spur or that make least account of their Pains or of their Mony Val. Will you be so curious Pub. Do you think this a Curiosity How else will you avoid improvement in the Interest of the better sort to the detriment of those of meaner rank or in the Interest of the Few to the detriment of that of the Many Val. But even this way there is danger of that foul Beast the Oligarchy Pub. Look about you The Parlament declares all Power to be in the People is that in the better sort only Val. Stay the King was to observe Leges Constitutiones quas vulgus elegerit
half pay for life and to be disbanded 98. WHERE there is a standing Army and not a form'd Government there the Army of necessity will have Dictatorian Power 99. WHERE an Army subsists upon the Pay or Riches of a single Person or of a Nobility that Army is always monarchical Where an Army subsists not by the Riches of a single Person nor of a Nobility that Army is always popular 100. THE English Armys are popular Armys 101. WHERE Armys are popular and exercise Dictatorian Power in deposing single Persons and monarchical Assemblys there can be no greater nor needs any other Expedient for the introduction of a Commonwealth Nevertheless to this may be added som such moderat Qualifications as may prune the Commonwealth not lop off her Branches Whom these will not satisfy it is not a Common-wealth but a Party that can 102. IF the late King had freely permitted to the People the exercise of the Power inevitably devolv'd upon them by the change of the Balance he had not bin destroy'd If either of the late single Persons had brought the People into an orderly exercise of the Power devolv'd upon them he had bin great What Party soever shall hinder the People from the exercise of the Power devolv'd upon them shall be certainly ruin'd who or what Party soever shall introduce the People into the due and orderly exercise of the Power devolv'd upon them shall be forthwith secure and famous for ever 103. A MAN uses nourishes and cherishes his Body without understanding it but he that made the Body understood it 104. THE reason why the Nations that have Commonwealths use them so well and cherish them so much and yet that so few Nations have Commonwealths is That in using a Commonwealth it is not necessary it should be understood but in making a Common-wealth that it be understood is of absolute necessity Caput Reipublicae est nosse Rempub. CICERO 105. AS the natural Body of a Christian or Saint can be no other for the frame than such as has bin the natural Body of an Israelit or of a Heathen so the political Bodsy or Civil Governments of Christians or Saints can be no other for the frame than such as have bin the political Bodys or Civil Governments of the Israelits or of the Heathens 106. IT shall be as soon found when and where the Soul of a Man was in the Body of a Beast as when or where the Soul or Freedom natural to Democracy was in any other Form than that only of a Senat and an Assembly of the People 107. IN those things wherin and so far as Art is directed or limited by the nature of her Materials it is in Art as in Nature 108. THAT Democracy or equal Government by the People consist of an Assembly of the People and a Senat is that wherby Art is altogether directed limited and necessitated by the nature of her Materials 109. AS the Soul of Man can never be in the Body of a Beast unless GOD make a new Creation so neither the Soul or Freedom natural to Democracy in any other Form whatsoever than that only of a Senat and a Popular Assembly 110. THE right Constitution Coherence and proper Symmetry of a Form of Government gos for the greater part upon Invention 111. REASON is of two parts Invention and Judgment 112. JUDGMENT is most perfect in an Assembly 113. INVENTION is most perfect in one Man 114. IN one Man Judgment wants the strength which is in a multitude of Counsillors 115. IN a multitude of Counsillors Invention is none at all 116. THRO the defect of Invention the wisest Assemblys in the formation or reformation of Government have pitch'd upon a sole Legislator 117. IT is not below the Dignity of the greatest Assembly but according to the practice of the best Commonwealths to admit of any man that is able to propose to them for the good of his Country 118. TO the making of a well order'd Commonwealth there gos little more of pains or charge or work without doors than the Establishment of an equal or apt Division of the Territory and the proposing of such Election to the Divisions so made as from an equal Foundation may raise equal Superstructures the rest being but paperwork is as soon don as said or voted 119. WHERE such Elections are propos'd as being made by the People must needs produce a well order'd Senat and Popular Assembly and the People who as we have already found by experience stick not at the like work elect accordingly there not the Proposers of any power in themselves but the whole People by their peculiar and natural right and power do institute and ordain their whole Commonwealth 120. THE highest earthly Felicity that a People can ask or GOD can give is an equal and well order'd Commonwealth Such a one among the Israelits was the Reign of GOD and such a one for the same reason may be among Christians the Reign of CHRIST tho not every one in the Christian Commonwealth should be any more a Christian indeed than every one in the Israelitish Commonwealth was an Israelit indeed Seven Models of a Commonwealth OR BRIEF DIRECTIONS Shewing how a fit and perfect MODEL OF Popular Government May be made found or understood THERE is nothing more apparent than that this Nation is greatly disquieted and perplex'd thro a complication of two Causes The one that the present state therof is not capable of any other Form than that only of a Popular Government the other that they are too few who understand what is the Form or Model naturally necessary to a Popular Government or what is requir'd in that Form or Prudence for the sitting of it to the use of this Nation For these Infirmitys I shall offer som Remedy by a brief Discourse or Direction consisting of two Parts THE first shewing those Forms or Models of Popular Government or of Commonwealths which have bin hitherto extant whether fit or unfit for the present state of this Nation The second shewing a Model or Form of Popular Government fitted to the present state of this Nation In the first part I shall propose seven Models roughly and generally In the second one but more particularly and exactly THE FIRST PART IN every Frame of Government either the Form must be fitted to the Property as it stands and this only is practicable in this Nation or the Property must be alter'd and fitted to the Frame which without force has bin somtimes but very seldom practicable in any other Nation Nevertheless for the better knowlege of the one way it will be best to propose in both ways THE FIRST MODEL OF POPULAR GOVERNMENT PROPOS'D The Commonwealth of Israel THAT the Nobility the Gentry and the People be persuaded to give up their whole Lands to the Commonwealth THAT if the whole People shall so give up their Lands they be divided into twelve equal Precincts call'd Tribes THAT the man of greatest
have their Liberty not in word but in deed but that is Heathenism that 's CICERO well this is Christian if there will bâ— no such saying I would there might be no swearing Feb. 6. 1659. THE HUMBLE PETITION OF DIVERS Well affected Persons Deliver'd the 6 th day of July 1659. With the PARLAMENT'S Answer therto TO THE SUPREME AUTHORITY THE Parlament of the Commonwealth of England The Humble Petition of divers well affected Persons SHEWS THAT your Petitioners have for many years observ'd the breathings and longings of this Nation after Rest and Settlement and that upon mistaken grounds they have bin ready even to sacrifice and yield up part of their own undoubted right to follow after an appearance of it AND your Petitioners do daily see the bad effects of long continu'd Distractions in the ruins and decays of Trade foren and domestic and in the advantages that are taken to make Confederacys to involve the Nation in Blood and Confusion under pretence of procuring a Settlement THAT it has bin the practice of all Nations on the subversion of any form of Government to provide immediatly a new Constitution sutable to their condition with certain Successions and Descents that so both their Lawgivers and Magistrats might use their several Trusts according to the establish'd Constitution and the Peoples minds be settl'd secure and free from attemts of introducing several forms of Government according to the variety of their Fancys or corrupt Interests THAT God has preserv'd this Nation wonderfully without example many years since the dissolution of the old form of Government by King Lords and Commons there having bin no fundamental Constitutions of any kind duly settl'd nor any certain Succession provided for the Legislative Power but even at this instant if by any sudden sickness design or force any considerable numbers of your Persons should be render'd incapable of meeting in Parlament the Commonwealth were without form of successive Legislature or Magistracy and left to the mercy of the strongest Faction Yet we have reason to remember in these years of unsettlement the inexpressible sufferings of this Nation in their Strength Wealth Honor Liberty and all things conducing to their welbeing and we have like reason now sadly to apprehend the impending ruin And we cannot discern a possibility of your Honors unanimous and expeditious procedings towards our Countrys preservation and relief from its heavy pressures while your minds are not settl'd in any known Constitution of Government or fundamental Orders according to which all Laws should be made but divers or contrary Interests may be prosecuted on different apprehensions of the Justice and Prudence of different forms of Government tho all with good intentions YOVR Petitioners therfore conceiving no remedy so effectual against the present Dangers as the settlement of the Peoples minds and putting them into actual security of their Propertys and Libertys by a due establishment of the Constitution under which they may evidently apprehend their certain injoyment of them and therupon a return of their Trade and free Commerce without those continual fears that make such frequent stops in Trade to the ruin of thousands AND your Petitioners also observing that the Interest of the late King's Son is cry'd up and promoted daily upon pretence that there will be nothing but Confusion and Tyranny till he com to govern and that such as declare for a Commonwealth are for Anarchy and Confusion and can never agree among themselves what they would have VPON serious thoughts of the Premises your Petitioners do presume with all humility and submission to your Wisdom to offer to your Honors their Principles and Proposals concerning the Government of this Nation Wherupon they humbly conceive a just and prudent Government ought to be establish'd viz. 1. THAT the Constitution of the Civil Government of England by King Lords and Commons being dissolv'd whatever new Constitution of Government can be made or settl'd according to any rule of Righteousness it can be no other than a wise Order or Method into which the free Peoples Deputys shall be form'd for the making of their Laws and taking care for their common safety and welfare in the execution of them For the exercise of all just Authority over a free People ought under God to arise from their own Consent 2. THAT the Government of a free People ought to be so settl'd that the Governors and Govern'd may have the same Interest in preservâ—ng the Government and each others Propertys and Libertys respectively that being the only sure foundation of a Commonwealth's Unity Peace Strength and Prosperity 3. THAT there cannot be a Union of the Interests of a whole Nation in the Government where those who shall somtimes govern be not also somtimes in the condition of the Govern'd otherwise the Governors will not be in a capacity to feel the weight of the Government nor the Govern'd to injoy the advantages of it And then it will be the interest of the major part to destroy the Government as much as it will be the interest of the minor part to preserve it 4. THAT there is no security that the Supreme Authority shall not fall into Factions and be led by their privat Interest to keep themselves always in power and direct the Government to their privat advantages if that Supreme Authority be settl'd in any single Assembly whasoever that shall have the intire power of propounding debating and resolving Laws 5. THAT the Soverain Authority in every Government of what kind soever ought to be certain in its perpetual Successions Revolutions or Descents and without possibility by the judgment of human Prudence of a death or failure of its being because the whole form of the Government is dissolv'd if that should happen and the People in the utmost imminent danger of an absolute Tyranny or a War among themselves or Rapin and Confusion And therfore where the Government is Popular the Assemblys in whom reside the Supreme Authority ought never to dy or dissolve tho the Persons be annually changing neither ought they to trust the Soverain care of the strength and safety of the People out of their own hands by allowing a Vacation to themselves lest those that should be trusted be in love with such great Authority and aspire to be their Masters or else fear an Account and seek the dissolution of the Commonwealth to avoid it 6. THAT it ought to be declar'd as a Fundamental Order in the Constitution of this Commonwealth that the Parlament being the Supreme Legislative Power is intended only for the exercise of all those Acts of Authority that are proper and peculiar to the Legislative Power and to provide for a Magistracy to whom should appertain the whole Executive Power of the Laws and no Case either Civil or Criminal to be judg'd in Parlament saving that the last Appeals in all Cases where Appeals shall be thought fit to be admitted be only to the Popular Assembly and also that to