Part 3 (1/2)

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 superst.i.tion: 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 G.o.ds 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 const.i.tution or course of courts; it is a discourse not otherwise capable of being well managed but by particular examples, both the const.i.tution 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 const.i.tution of them, whereby that arbitrary power being altogether unable to r.e.t.a.r.d 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 const.i.tution 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 s.h.i.+p 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 a.s.signed. The lands a.s.signed, or that ought to have been a.s.signed, 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 n.o.bility; 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 n.o.bility 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 n.o.bility, 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 n.o.bility, that n.o.bility 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, inst.i.tuted 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 Ca.s.sius 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 inc.u.mbents, 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 b.e.s.t.i.a.l 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 n.o.bility distinguished by the t.i.tles of dukes, marquises, earls, and these being gratified with the cities, castles, and villages of the conquered Italians, their feuds partic.i.p.ated 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 n.o.ble not n.o.ble, 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 const.i.tution of the late monarchy of Oceana;

The second, the dissolution of the same; and

The third, the generation of the present commonwealth.

The const.i.tution 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 t.i.tle of ealdorman came in time to eorl, or erl, and that of high reeve to high sheriff.