But there be who say (and think it a strong objection) that, let a commonwealth be as equal as you can imagine, two or three men when all is done will govern it; and there is that in it which, notwithstanding the pretended sufficiency of a popular State, amounts to a plain confession of the imbecility of that policy, and of the prerogative of monarchy; forasmuch as popular governments in difficult cases have had recourse to dictatorian power, as in Rome.
To which I answer, that as truth is a spark to which objections are like bellows, so in this respect our commonwealth shines; for the eminence acquired by suffrage of the people in a commonwealth, especially if it be popular and equal, can be ascended by no other steps than the universal acknowledgment of virtue: and where men excel in virtue, the commonwealth is stupid and unjust, if accordingly they do not excel in authority. Wherefore this is both the advantage of virtue, which has her due encouragement, and of the commonwealth, which has her due services. These are the philosophers which Plato would have to be princes, the princes which Solomon would have to be mounted, and their steeds are those of authority, not empire; or, if they be buckled to the chariot of empire, as that of the dictatorian power, like the chariot of the sun, it is glorious for terms and vacations or intervals. And as a commonwealth is a government of laws and not of men, so is this the principality of virtue, and not of man; if that fail or set in one, it rises in another who is created his immediate successor. And this takes away that vanity from under the sun, which is an error proceeding more or less from all other rulers under heaven but an equal commonwealth.
These things considered, it will be convenient in this place to speak a word to such as go about to insinuate to the nobility or gentry a fear of the people, or to the people a fear of the nobility or gentry; as if their interests were destructive to each other. When indeed an army may as well consist of soldiers without officers, or of officers without soldiers, as a commonwealth, especially such a one as is capable of greatness, of a people without a gentry, or of a gentry without a people. Wherefore this, though not always so intended, as may appear by Machiavel, who else would be guilty, is a pernicious error. There is something first in the making of a commonwealth, then in the governing of it, and last of all in the leading of its armies, which, though there be great divines, great lawyers, great men in all professions, seems to be peculiar only to the genius of a gentleman.
For so it is in the universal series of story, that if any man has founded a commonwealth, he was first a gentleman. Moses had his education by the daughter of Pharaoh; Theseus and Solon, of noble birth, were held by the Athenians worthy to be kings; Lycurgus was of the royal blood; Romulus and Numa princes; Brutus and Publicola patricians; the Gracchi, that lost their lives for the people of Rome and the restitution of that commonwealth, were the sons of a father adored with two triumphs, and of Cornelia the daughter of Scipio, who being demanded in marriage by King Ptolemy, disdained to become the Queen of Egypt. And the most renowned Olphaus Megaletor, sole legislator, as you will see anon, of the Commonwealth of Oceana, was derived from a noble family; nor will it be any occasion of scruple in this case, that Leviathan affirms the politics to be no ancienter than his book "De Cive." Such also as have got any fame in the civil government of a commonwealth, or by the leading of its armies, have been gentlemen; for so in all other respects were those plebeian magistrates elected by the people of Rome, being of known descents and of equal virtues, except only that they were excluded from the name by the usurpation of the patricians. Holland, through this defect at home, has borrowed princes for generals, and gentlemen of divers nations for commanders: and the Switzers, if they have any defect in this kind, rather lend their people to the colors of other princes, than make that noble use of them at home which should assert the liberty of mankind. For where there is not a nobility to hearten the people, they are slothful, regardless of the world, and of the public interest of liberty, as even those of Rome had been without their gentry: wherefore let the people embrace the gentry in peace, as the light of their eyes; and in war, as the trophy of their arms; and if Cornelia disdained to be Queen of Egypt, if a Roman consul looked down from his tribunal upon the greatest king, let the nobility love and cherish the people that afford them a throne so much higher in a commonwealth, in the acknowledgment of their virtue, than the crowns of monarchs.
But if the equality of a commonwealth consist in the equality first of the agrarian, and next of the rotation, then the inequality of a commonwealth must consist in the absence or inequality of the agrarian, or of the rotation, or of both.
Israel and Lacedaemon, which commonwealths (as the people of this, in Josephus, claims kindred of that) have great resemblance, were each of them equal in their agrarian, and unequal in their rotation, especially Israel, where the Sanhedrim, or Senate, first elected by the people, as appears by the words of Moses, took upon them ever after, without any precept of God, to substitute their successors by ordination; which having been there of civil use, as excommunication, community of goods, and other customs of the Essenes, who were many of them converted, came afterward to be introduced into the Christian Church. And the election of the judge, suffes, or dictator, was irregular, both for the occasion, the term, and the vacation of that magistracy. As you find in the book of Judges, where it is often repeated, that in those days there was no king in Israel—that is, no judge; and in the first of Samuel, where Eli judged Israel forty years, and Samuel, all his life. In Lacedaemon the election of the Senate being by suffrage of the people, though for life, was not altogether so unequal, yet the hereditary right of kings, were it not for the agrarian, had ruined her.
Athens and Rome were unequal as to their agrarian, that of Athens being infirm, and this of Rome none at all; for if it were more anciently carried it was never observed. Whence, by the time of Tiberius Gracchus, the nobility had almost eaten the people quite out of their lands, which they held in the occupation of tenants and servants, whereupon the remedy being too late, and too vehemently applied, that commonwealth was ruined.
These also were unequal in their rotation, but in a contrary manner. Athens, in regard that the Senate (chosen at once by lot, not by suffrage, and changed every year, not in part, but in the whole) consisted not of the natural aristocracy, nor sitting long enough to understand or to be perfect in their office, had no sufficient authority to restrain the people from that perpetual turbulence in the end, which was their ruin, notwithstanding the efforts of Nicias, who did all a man could do to help it. But as Athens, by the headiness of the people, so Rome fell by the ambition of the nobility, through the want of an equal rotation; which, if the people had got into the Senate, and timely into the magistracies (whereof the former was always usurped by the patricians, and the latter for the most part) they had both carried and held their agrarian, and that had rendered that commonwealth immovable.
But let a commonwealth be equal or unequal, it must consist, as has been shown by reason and all experience, of the three general orders; that is to say, of the Senate debating and proposing, of the people resolving, and of the magistracy executing. Wherefore I can never wonder enough at Leviathan, who, without any reason or example, will have it that a commonwealth consists of a single person, or of a single assembly; nor can I sufficiently pity those "thousand gentlemen, whose minds, which otherwise would have wavered, he has framed (as is affirmed by himself) in to a conscientious obedience (for so he is pleased to call it) of such a government."
But to finish this part of the discourse, which I intend for as complete an epitome of ancient prudence, and in that of the whole art of politics, as I am able to frame in so short a time:
The two first orders, that is to say, the Senate and the people, are legislative, whereunto answers that part of this science which by politicians is entitled "of laws;" and the third order is executive, to which answers that part of the same science which is styled "of the frame and course of courts or judicatories." A word to each of these will be necessary.
And first for laws: they are either ecclesiastical or civil, such as concern religion or government.
Laws, ecclesiastical, or such as concern religion, according to the universal course of ancient prudence, are in the power of the magistrate; but, according to the common practice of modern prudence, since the papacy, torn out of his hands.
But, as a government pretending to liberty, and yet suppressing liberty of conscience (which, because religion not according to a man's conscience can to him be none at all, is the main) must be a contradiction, so a man that, pleading for the liberty of private conscience, refuses liberty to the national conscience, must be absurd.
A commonwealth is nothing else but the national conscience. And if the conviction of a man's private conscience produces his private religion, the conviction of the national conscience must produce a national religion. Whether this be well reasoned, as also whether these two may stand together, will best be shown by the examples of the ancient commonwealths taken in their order.
In that of Israel the government of the national religion appertained not to the priests and Levites, otherwise than as they happened to be of the Sanhedrim, or Senate, to which they had no right at all but by election. It is in this capacity therefore that the people are commanded, under pain of death, "to hearken to them, and to do according to the sentence of the law which they should teach;" but in Israel the law ecclesiastical and civil was the same, therefore the Sanhedrim, having the power of one, had the power of both. But as the national religion appertained to the jurisdiction of the Sanhedrim, so the liberty of conscience appertained, from the same date, and by the same right, to the prophets and their disciples; as where it is said, "I will raise up a prophet; and whoever will not hearken to my words which he shall speak in my name, I will require it of him." The words relate to prophetic right, which was above all the orders of this commonwealth; whence Elijah not only refused to obey the King, but destroyed his messengers with fire. And whereas it was not lawful by the national religion to sacrifice in any other place than the Temple, a prophet was his own temple, and might sacrifice where he would, as Elijah did in Mount Carmel. By this right John the Baptist and our Saviour, to whom it more particularly related, had their disciples, and taught the people, whence is derived our present right of gathered congregations; wherefore the Christian religion grew up according to the orders of the Commonwealth of Israel, and not against them. Nor was liberty of conscience infringed by this government, till the civil liberty of the same was lost, as under Herod, Pilate, and Tiberius, a three-piled tyranny.
To proceed, Athens preserved her religion, by the testimony of Paul, with great superstition: if Alcibiades, that atheistical fellow had not showed them a pair of heels, they had shaven off his head for shaving their Mercuries, and making their gods look ridiculously upon them without beards. Nevertheless, if Paul reasoned with them, they loved news, for which he was the more welcome; and if he converted Dionysius the Areopagite, that is, one of the senators, there followed neither any hurt to him, nor loss of honor to Dionysius. And for Rome, if Cicero, in his most excellent book "De Natura Deorum," overthrew the national religion of that commonwealth, he was never the further from being consul. But there is a meanness and poorness in modern prudence, not only to the damage of civil government, but of religion itself; for to make a man in matter of religion, which admits not of sensible demonstration (jurare in verba magistri), engage to believe no otherwise than is believed by my lord bishop, or Goodman Presbyter is a pedantism that has made the sword to be a rod in the hands of schoolmasters; by which means, whereas the Christian religion is the furthest of any from countenancing war, there never was a war of religion but since Christianity, for which we are beholden to the Pope; for the Pope not giving liberty of conscience to princes and commonwealths, they cannot give that to their subjects which they have not themselves, whence both princes and subjects, either through his instigation or their own disputes, have introduced that execrable custom, never known in the world before, of fighting for religion, and denying the magistrate to have any jurisdiction concerning it, whereas the magistrate's losing the power of religion loses the liberty of conscience, which in that case has nothing to protect it. But if the people be otherwise taught, it concerns them to look about them, and to distinguish between the shrieking of the lapwing and the voice of the turtle.
To come to civil laws. If they stand one way and the balance another, it is the case of a government which of necessity must be new modelled; wherefore your lawyers, advising you upon the like occasions to fit your government to their laws, are no more to be regarded than your tailor if he should desire you to fit your body to his doublet. There is also danger in the plausible pretence of reforming the law, except the government be first good, in which case it is a good tree, and (trouble not yourselves overmuch) brings not forth evil fruit; otherwise, if the tree be evil, you can never reform the fruit, or if a root that is naught bring forth fruit of this kind that seems to be good, take the more heed, for it is the ranker poison. It was nowise probable, if Augustus had not made excellent laws, that the bowels of Rome could have come to be so miserably eaten out by the tyranny of Tiberius and his successors. The best rule as to your laws in general is that they be few. Rome, by the testimony of Cicero, Was best governed under those of the twelve tables; and by that of Tacitus, Plurimoe leges, corruptissima respublica. You will be told that where the laws be few they leave much to arbitrary power; but where they be many, they leave more, the laws in this case, according to Justinian and the best lawyers, being as litigious as the suitors. Solon made few, Lycurgus fewer, laws; and commonwealths have the fewest at this day of all other governments.
Now to conclude this part with a word de judiciis, or of the constitution or course of courts; it is a discourse not otherwise capable of being well managed but by particular examples, both the constitution and course of courts being divers in different governments, but best beyond compare in Venice, where they regard not so much the arbitrary power of their courts as the constitution of them, whereby that arbitrary power being altogether unable to retard or do hurt to business, produces and must produce the quickest despatch, and the most righteous dictates of justice that are perhaps in human nature. The manner I shall not stand in this place to describe, because it is exemplified at large in the judicature of the people of Oceana. And thus much of ancient prudence, and the first branch of this preliminary discourse.
THE SECOND PART OF THE PRELIMINARIES
In the second part I shall endeavor to show the rise, progress, and declination of modern prudence.
The date of this kind of policy is to be computed, as was shown, from those inundations of Goths, Vandals, Huns, and Lombards that overwhelmed the Roman Empire. But as there is no appearance in the bulk or constitution of modern prudence, that it should ever have been able to come up and grapple with the ancient, so something of necessity must have interposed whereby this came to be enervated, and that to receive strength and encouragement. And this was the execrable reign of the Roman emperors taking rise from (that felix scelus) the arms of Caesar, in which storm the ship of the Roman Commonwealth was forced to disburden itself of that precious freight, which never since could emerge or raise its head but in the Gulf of Venice.
It is said in Scripture, "Thy evil is of thyself, O Israel!" to which answers that of the moralists, "None is hurt but by himself," as also the whole matter of the politics; at present this example of the Romans, who, through a negligence committed in their agrarian laws, let in the sink of luxury, and forfeited the inestimable treasure of liberty for themselves and their posterity.
Their agrarian laws were such whereby their lands ought to have been divided among the people, either without mention of a colony, in which case they were not obliged to change their abode; or with mention and upon condition of a colony, in which case they were to change their abode, and leaving the city, to plant themselves upon the lands so assigned. The lands assigned, or that ought to have been assigned, in either of these ways, were of three kinds: such as were taken from the enemy and distributed to the people; or such as were taken from the enemy, and, under color of being reserved to the public use, were through stealth possessed by the nobility; or such as were bought with the public money to be distributed. Of the laws offered in these cases, those which divided the lands taken from the enemy, or purchased with the public money, never occasioned any dispute; but such as drove at dispossessing the nobility of their usurpations, and dividing the common purchase of the sword among the people, were never touched but they caused earthquakes, nor could they ever be obtained by the people; or being obtained, be observed by the nobility, who not only preserved their prey, but growing vastly rich upon it, bought the people by degrees quite out of those shares that had been conferred upon them. This the Gracchi coming too late to perceive found the balance of the commonwealth to be lost; but putting the people (when they had least force) by forcible means upon the recovery of it, did ill, seeing it neither could nor did tend to any more than to show them by worse effects that what the wisdom of their leaders had discovered was true. For quite contrary to what has happened in Oceana, where, the balance falling to the people, they have overthrown the nobility, that nobility of Rome, under the conduct of Sylla, overthrew the people and the commonwealth; seeing Sylla first introduced that new balance which was the foundation of the succeeding monarchy, in the plantation of military colonies, instituted by his distribution of the conquered lands, not now of enemies, but of citizens, to forty-seven legions of his soldiers; so that how he came to be perpetual dictator, or other magistrates to succeed him in like power, is no miracle.
These military colonies (in which manner succeeding emperors continued, as Augustus by the distribution of the veterans, whereby he had overcome Brutus and Cassius to plant their soldiery) consisted of such as I conceive were they that are called milites beneficiarii; in regard that the tenure of their lands was by way of benefices, that is, for life, and upon condition of duty or service in the war upon their own charge. These benefices Alexander Severus granted to the heirs of the incumbents, but upon the same conditions. And such was the dominion by which the Roman emperors gave their balance. But to the beneficiaries, as was no less than necessary for the safety of the prince, a matter of 8,000 by the example of Augustus were added, which departed not from his sides, but were his perpetual guard, called Pretorian bands; though these, according to the incurable flaw already observed in this kind of government, became the most frequent butchers of their lords that are to be found in story. Thus far the Roman monarchy is much the same with that at this day in Turkey, consisting of a camp and a horse-quarter; a camp in regard of the Spahis and Janizaries, the perpetual guard of the prince, except they also chance to be liquorish after his blood; and a horse-quarter in regard of the distribution of his whole land to tenants for life, upon condition of continual service, or as often as they shall be commanded at their own charge by timars, being a word which they say signifies benefices, that it shall save me a labor of opening the government.
But the fame of Mahomet and his prudence is especially founded in this, that whereas the Roman monarchy, except that of Israel, was the most imperfect, the Turkish is the most perfect that ever was. Which happened in that the Roman (as the Israelitish of the Sanhedrim and the congregation) had a mixture of the Senate and the people; and the Turkish is pure. And that this was pure, and the other mixed, happened not through the wisdom of the legislators, but the different genius of the nations; the people of the Eastern parts, except the Israelites, which is to be attributed to their agrarian, having been such as scarce ever knew any other condition than that of slavery; and these of the Wester having ever had such a relish of liberty, as through what despair soever could never be brought to stand still while the yoke was putting on their necks, but by being fed with some hopes of reserving to themselves some part of their freedom.
Wherefore Julius Caesar (saith Suetonius) contented himself in naming half the magistrates, to leave the rest to the suffrage of the people. And Maecenas, though he would not have Augustus to give the people their liberty, would not have him take it quite away. Whence this empire, being neither hawk nor buzzard, made a flight accordingly; and the prince being perpetually tossed (having the avarice of the soldiery on this hand to satisfy upon the people, and the Senate and the people on the other to be defended from the soldiery), seldom died any other death than by one horn of this dilemma, as is noted more at large by Machiavel.
But the Pretorian bands, those bestial executioners of their captain's tyranny upon others, and of their own upon him, having continued from the time of Augustus, were by Constantine the Great (incensed against them for taking part with his adversary Maxentius) removed from their strong garrison which they held in Rome, and distributed into divers provinces. The benefices of the soldiers that were hitherto held for life and upon duty, were by this prince made hereditary, so that the whole foundation whereupon this empire was first built being now removed, shows plainly that the emperors must long before this have found out some other way of support; and this was by stipendiating the Goths, a people that, deriving their roots from the northern parts of Germany, or out of Sweden, had, through their victories obtained against Domitian, long since spread their branches to so near a neighborhood with the Roman territories that they began to overshadow them. For the emperors making use of them in their armies, as the French do at this day of the Switz, gave them that under the notion of a stipend, which they received as tribute, coming, if there were any default in the payment, so often to distrain for it, that in the time of Honorius they sacked Rome, and possessed themselves of Italy. And such was the transition of ancient into modern prudence, or that breach, which being followed in every part of the Roman Empire with inundations of Vandals, Huns, Lombards, Franks, Saxons, overwhelmed ancient languages, learning, prudence, manners, cities, changing the names of rivers, countries, seas, mountains, and men; Camillus, Caesar, and Pompey, being come to Edmund, Richard, and Geoffrey.
To open the groundwork or balance of these new politicians: "Feudum," says Calvin the lawyer, "is a Gothic word of divers significations; for it is taken either for war, or for a possession of conquered lands, distributed by the victor to such of his captains and soldiers as had merited in his wars, upon condition to acknowledge him to be their perpetual lord, and themselves to be his subjects."
Of these there were three kinds or orders: the first of nobility distinguished by the titles of dukes, marquises, earls, and these being gratified with the cities, castles, and villages of the conquered Italians, their feuds participated of royal dignity, and were called regalia, by which they had right to coin money, create magistrates, take toll, customs, confiscations, and the like.
Feuds of the second order were such as, with the consent of the King, were bestowed by these feudatory princes upon men of inferior quality, called their barons, on condition that next to the King they should defend the dignities and fortunes of their lords in arms.
The lowest order of feuds were such, as being conferred by those of the second order upon private men, whether noble not noble, obliged them in the like duty to their superiors; the were called vavasors. And this is the Gothic balance, by which all the kingdoms this day in Christendom were at first erected; for which cause, if I had time, I should open in this place the Empire of Germany, and the Kingdoms of France, Spain, and Poland; but so much as has been said being sufficient for the discovery of the principles of modern prudence in general, I shall divide the remainder of my discourse, which is more particular, into three parts:
The first, showing the constitution of the late monarchy of Oceana;
The second, the dissolution of the same; and
The third, the generation of the present commonwealth.
The constitution of the late monarchy of Oceana is to be considered in relation to the different nations by whom it has been successively subdued and governed. The first of these were the Romans, the second the Teutons, the third the Scandians, and the fourth the Neustrians.
The government of the Romans, who held it as a province, I shall omit, because I am to speak of their provincial government in another place, only it is to be remembered here, that if we have given over running up and down naked, and with dappled hides, learned to write and read, and to be instructed with good arts, for all these we are beholden to the Romans, either immediately or mediately by the Teutons; for that the Teutons had the arts from no other hand is plain enough by their language, which has yet no word to signify either writing or reading, but what is derived from the Latin. Furthermore, by the help of these arts so learned, we have been capable of that religion which we have long since received; wherefore it seems to me that we ought not to detract from the memory of the Romans, by whose means we are, as it were, of beasts become men, and by whose means we might yet of obscure and ignorant men (if we thought not too well of ourselves) become a wise and a great people.
The Romans having governed Oceana provincially, the Teutons were the first that introduced the form of the late monarchy. To these succeeded the Scandians, of whom (because their reign was short, as also because they made little alteration in the government as to the form) I shall take no notice. But the Teutons going to work upon the Gothic balance, divided the whole nation into three sorts of feuds, that of ealdorman, that of king's thane, and that of middle thane.
When the kingdom was first divided into precincts will be as hard to show as when it began first to be governed. It being impossible that there should be any government without some division. The division that was in use with the Teutons was by counties, and every county had either its ealdorman or high reeve. The title of ealdorman came in time to eorl, or erl, and that of high reeve to high sheriff.
Earl of the shire or county denoted the king's thane, or tenant by grand sergeantry or knight's service, in chief or in capite; his possessions were sometimes the whole territory from whence he had his denomination, that is, the whole county; sometimes more than one county, and sometimes less, the remaining part being in the crown. He had also sometimes a third, or some other customary part of the profits of certain cities, boroughs, or other places within his earldom. For an example of the possessions of earls in ancient times, Ethelred had to him and his heirs the whole Kingdom of Mercia, containing three or four counties; and there were others that had little less.
King's thane was also an honorary title, to which he was qualified that had five hides of land held immediately of the King by service of personal attendance; insomuch that if a churl or countryman had thriven to this proportion, having a church, a kitchen, a bell-house (that is, a hall with a bell in it to call his family to dinner), a borough-gate with a seat (that is, a porch) of his own, and any distinct office in the King's court, then was he the King's thane. But the proportion of a hide-land, otherwise called caruca, or a plough-land, is difficult to be understood, because it was not certain; nevertheless it is generally conceived to be so much as may be managed with one plough, and would yield the maintenance of the same, with the appurtenances in all kinds.
The middle thane was feudal, but not honorary; he was also called a vavasor, and his lands a vavasory, which held of some mesne lord, and not immediately of the King.