The prerogative of popular government. A politicall discourse in two books. The former containing the first præliminary of Oceana, inlarged, interpreted, and vindicated from all such mistakes or slanders as have been alledged against it under the notion of objections. The second concerning ordination, against Dr. H. Hamond, Dr. L. Seaman, and the authors they follow. In which two books is contained the whole commonwealth of the Hebrews, or of Israel, senate, people, and magistracy, both as it stood in the institution by Moses, and as it came to be formed after the captivity. As also the different policies introduced into the Church of Christ, during the time of the Apostles. By James Harrington.

Chap. XI. whether there be not an Agrarian, or some Law, or Lawes of that Nature, to supply the defect of it in every Common wealth: and whether the Agrarian, as it is stated in Oceana, be not equal and satis∣factory unto all Interests.

IN this Chapter the Praevaricator's devices, are the most well favour'd; for whereas the Agrarian of Oceana, doth no more than pin the Basket, which is already filled, he gets up into the Tree, where the Birds have long since, eaten all the Cherries, and with what Clouts he can rake up, makes a most ridiculous scar-crow. This pains he needed not to have taken, if he had not slighted o∣ver much, the Lexicon of which, he allowes me to be the Authour, yet will have it, that he understood the words before; some of which nevertheless, his ill understanding requireth, should be farther interpreted in this place, as Propriety, Ballance, Agrarian, and Levelling.

Propriety is that which is every Mans own by the Law of the Land, and of this there is nothing stir'd, but all in∣tirely left as it was found by the Agrarian of Oceana.

Propriety in money (except as hath been shewen in Cities that have little or no Territory) commeth not unto the present Accompt: But Propriety in Land, according to the distribution that happeneth to be of the same, causeth the Political ballance producing Empire of the like Nature: that is, if the Propriety in Lands be so diffused through the whole People, that neither one Landlord, nor a few Land∣lords over-ballance them, the Empire is popular. If the propriety in Lands be so ingrossed by the Few, that they over-ballance the whole people, the Empire is Aristocra∣ticall, or mixed Monarchy; But if Propriety in Lands be in one Landlord▪ to such a proportion as over-ballanceth the whole People, the Empire is absolute Monarchy. So

the political ballance is three-fold, Democratical, Aristo∣cratical, and Monarchical.

Each of these Ballances may be introduced either by the Legislator, at the institution of the Government; or by ci∣vill Vicissitude, alienation, or alteration of propriety under Government.

Examples of the ballance introduced at the institution, and by the Legislator▪ are first those in Israel and Lacede∣mon, introduced by God or Moses; and Lycurgus, which were Democratical or Popular. Secondly, Those in Eng∣land, France and Spain▪ introduced by the Gothes, Vandals, Saxons, and Franks, which were Aristocratical, or such as produced the Government of King, Lords and Commons. Thirdly, those in the East and Turkey, introduced by Nimrod and Mahomet, or Ottoman, which were purely Mo∣narchial.

Examples of the Ballance introduced by civil Vicissi∣tude, alienation▪ or alteration of Propriety under Govern∣ment are in Florence, where the Medices attaining to ex∣cessive wealth, the ballance altered from Popular, to Mo∣narchial: In Greece, where the Argives being Lovers of e∣quality* 1.1 and liberty▪ reduced the power of their Kings to so small a matter, that there remained unto the Children and Successors of Cisus, little more than the Title, where the ballance alter∣ed from Monarchical to Popular. In Rome, about the time of Crassus, the Nobility having eaten the People out of their Lands, the ballance alter'd from Popular, first un∣to Aristocratical, as in the Triumvirs, Caesar, Pompey, and Crassus; and then to Monarchical, as when Crassus being dead, and Pompey conquer'd, the whole came to Caesar. In* 1.2 Tarentum, not long after the Warre with the Medes, the Nobi∣lity being wasted, and overcome by Iapy••es, the ballance▪ and with that the Common wealth changed from Aristocratical, to Popular: the like of late hath discovered it self in Oceana. When a ballance commeth so through civil Vicissitude to be changed, that the change cannot be attributed unto hu∣mane Providence, it is more peculiarly to be ascribed unto the hand of God; and so when there happeneth to be an irresistible change of the ballance, not the old Government which God hath repealed, but the new Government,

which he dictateth as present Legislator, is of Divine right.

This volubility of the ballance being apparant, it be∣longs unto Legislators to have eyes, and to occur with some prudential or legal remedy or prevention; and the Lawes that are made in this Case are called Agrarian. So an Agrarian is a Law fixing the ballance of a Government, in such manner that it cannot alter.

This may be done divers wayes, as by entailing the Lands upon certain Families, without power of Alienation in a∣ny case, as in Israel and Lacedemon, or except with leave of the Magistrate, as in Spain; but this by making some Fa∣milies too secure, as those in possession, and others too de¦spairing, as those not in possession, may make the whole People lesse industrious.

Wherefore the other way, which by the regulation of purchases, ordains only, that a Mans Land shall not exceed some certain proportion; for example, two thousand pounds a year, or exceeding such a proportion, shall divide in descending unto the Children, so soon as being more than one, they shall be capable of such division, or sub-di∣vision, till the greater share exceed not two thousand pounds a year in Land, lying and being within the Native Territory, is that which is received and established by the Common wealth of Oceana.

By Levelling, they who use the word, seem to under∣stand, when a People rising invades the Lands and Estates of the richer sort, and divides them equally among them∣selves; as for example,—No where in the World; this being that both in the way, and in the end, which I have al∣ready demonstrated to be impossible. Now the words of this Lexicon being thus interpreted; Let us hearken what the Praevaricator will say, and out it comes in this manner.

To him that makes propriety, and that in Lands the founda∣tion* 1.3 of Empire, the establishing of an Agrarian is of abso∣lute necessity, that by it the power may be fixed in those hands to whom it was at first committed.

What need we then proceed any farther, while he ha∣ving no where disproved the ballance in these words, gives the whole cause? For as to that which he faith of money

seeing neither the vast treasure of Henry the 7th, altered the ballance of England, nor the Revenue of the Indies al∣ters that of Spain, this retrait (except in the cases excep∣ted) is long since barricadoed. But he is on and off, and, any thing to the contrary notwithstanding, gives you this for certain.

The Examples of an Agrarian are so infrequent; that Mr. Harrington is constrained to wave all, but two Common∣wealths, and can finde in the whole extent of History only Is∣rael, and Lacedemon to fasten upon.

A man that hath read my Writings, or is skilled in Hi∣story, cannot chuse but see, how he slurs his Dice, never∣theless, to make this a little more apparent, It hath seemed to some, (sayes Aristotle) the main point of institution in Go∣vernment,* 1.4 to order riches right: whence otherwise derives all Civil discord? Ʋpon this ground, Phaleas the Calcedonian Le∣gislator made it his first work to introduce equality of goods, and Plato in his Lawes, allowes not increase unto a possession beyond certain bounds. The Argives, and the Messenians had each their Agrarian, after the manner of Lacedemon, If a* 1.5 man shall translate the words (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, vir∣tus & facultas civilis) Political virtue or faculty, where he findes them in Aristotles Politicks, (as I make bold, and appeal unto the Reader, whether too bold to do) by the words Politicall ballance, understood as I have stated the thing, it will give such a light unto the Authour, as will go neerer than any thing alleadged (as before by this Praevaricator) to deprive me of the honour of that* 1.6 invention. For Example, where Aristotle saith, If one man, or such a number of men, as to the capacity of Government come within the compasse of the Few, excel, all the rest (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) in ballance, or in such manner, that the (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) Political faculties or Estates of all the rest, be not able to hold weight with him or them; they will never condis∣cend to share equally with the rest in power; whom they excell in ballance; nor is it to any purpose to give them Lawes, who will be as the Gods, their own Lawes: and answer the People as the Lions are said, by Antisthenes, to have answer'd the hares, when they had concluded, that every one ought to have an e∣quall portion. For this cause (he adds) Cities that live under popular power, have instituted the Ostracism, for the▪ preserva∣tion

of equality; by which, if a man increase in riches, reti∣nue, or popularity above what is safe, they can remove him (without losse of honour or estate) for a time.

If the Considerer think that I have strained courtesie with Aristotle (who indeed is not alwayes of one minde) further then is warrantable, in relation to the ballance, be it, as he pleaseth, I who must either have the more of Au∣thority, or the lesse of Competition in the point, shall lose neither way. However, it is in this place enough, that the Ostracism being of like nature, was that which supplyde the defect in the Grecian Cities of an Agrarian. To proceed then unto Rome, that the People there, by striving for an Agra∣rian, strove to save their Liberty, is apparent, in that through the want of such a Law, or the non-observance of it, the Common wealth came plainly unto ruine. If a Venetian should keep a Table, or have his House furnished with re∣tainers, he would be obnoxious unto the Council of Ten: and if the best of them appear with other state or equipage, then is allowed unto the meanest, he is obnoxious unto the Officers of the Pomp, which two Orders in a Common∣wealth, where the Gentry have but small Estates in Land, are as much as need be in lieu of an Agrarian. But the German Republicks have no more to supply the place of this Law, then that Estates descending, are divided among the Children, which sure no man but will say, must needs be both just and pious, And we ask you no more in Oce∣ana; where grant this, and you grant the whole Agrarian. Thus had I set him all the Common wealths in the World before; and so it is no fault of mine, that he will throw but at three of them, These are Israel, Lacedemon, & Oceana.

First at Israel. Mr. Harrington (sayes he) thinks not up∣on the promise of God unto Abraham (whence the Israelites* 1.7 derived their right unto the Land of Canaan) but considers the division of the Lands as a Politick Constitution upon which the Government was founded, though in the whole History of the Bible, there be not the least foot-step of such a design.

What meanes the man! The right of an Israelite unto his Land, derived from the promise of God unto Abraham▪ therefore the right of an Oceaner unto his Land, must de∣rive from the promise of God unto Abraham? Or, why else should I in speaking of Oceana (where Propriety

is taken as it was found, and not stirred an hair) think on the promise to Abraham? Nor matters it for the manner of division, seeing that was made, and this was found made, each according unto the Law of the Government. But in the whole Bible (sayes he) there is not the least foot-step that the end of the Israelitish Agrarian was Politicall, or that it was intended to be the foundation of the Government.

The foot-steps of God by the Testimony of David, may be seen in the deep waters, much more by the consent of the whole Bible, in Land, or in the foundation of Empire, un∣less we make the foot-steps of God to be one thing, and his wayes another, which as to Government are these.

God by the Ballot of Israel (more fully described in* 1.8 the next Book) divided the Land (some respect had unto the Princes and Patriarchs, for the rest) to every one his inhe∣ritance, according unto the number of names, which were drawn out of the one Urne first, and the Lots of Land, (the measure with the goodness of the same considered) drawn after∣wards out of the other Urn unto those Names. Wherefore God ordaining the Cause, and the Cause of Necessity pro∣ducing the effect, God, in ordaining this Ballance, inten∣ded popular Government. But when the People admit∣ting of no Nay, would have a King. God thereupon com∣manding Samuel to shew them the manner of the King, Sa∣muel declared unto the People, concerning the manner or* 1.9 policy of the King, saying, He will take your Fields and your Vineyards, and your Olive-yards, even the best of them, and give unto his servants (which kind of proceeding must needs create the ballance of a Nobility). Over and above this, he will take the tenth of your seed, and of your Vineyards, and of your sheep (by way of tax, for the maintenance of his Armies) and thus your Daughters shall come to be his Cooks and Confectioners, and your Sons to run before his Chariot. There is not from the ballance to the superstructures, a more perfect description of a Monarchy, by a Nobility. For the third branch, the People of Aegypt in time of the Fa∣mine,* 1.10 which was very sore, come unto Joseph, saying, Buy us and our Land for bread, and we and our Land will be servants unto Pharaoh. And Joseph bought all the Land of Aegypt (except that of the Priests) for Pharaoh. So the Land became

Pharaohs: who lest the remembrance of their former Propriety by lively marks, and continual remembrancers* 1.11 should stir them up (as the Vandalls in Africa, exuted in like manner of their Propriety, and yet remaining in their anci∣ent dwellings, were stirred up by their Women) unto se∣dition, removed the People thus sold, or drave them like Cattle even from one End of the borders of Aegypt unto the other end thereof. In which you have the ballance of a sole Land-lord or absolute Prince, with the miserable, and yet necessary consequence of an inslaved people. Now the ballance of Governments throughout the Scrip∣tures, being of these kindes, and no other, the Ballance of Oceana is exactly calculated unto the most approved way, and the clearest footsteps of God in the whole History of the Bible: and whereas the Jubile was a Law instituted for preservation of the Popular ballance from alteration; so is the Agrarian, in Oceana.

But says the Praevaricator, Hocus Pocus, or in the name of wonder, how can this Agrarian be the foundation of that Go∣vernment, which had subsisted more than forty five years with∣out it? For they were so long after the giving of this Law for the division of the Land, before they had the Land to di∣vide.

Which is as if one should say upon that other law of the like date. Judges and Officers shalt thou make thee in all thy gates; Hocus Pocus, or in the name of wonder, how should the Children of Israel make them Judges and Officers in in their gates, before they had any gates to make them in? fine sport to be play'd by an Attorney for the Clergy with Scripture, where it is plain enough that the Laws of a Common-wealth were given by Moses unto an Army to be put in Execution, when that Army should become a Common-wealth, as hapned under Joshua.

But no saying will serve his turn. If this Agrarian were meant as fundamentall to the Government, the Provi∣sion (he will have it) was weak and not proper for attaining the end proposed, there being nothing in the Nature of the A∣grarian to hinder, but that the whole Countrey might for the space of near fifty years, that is, the time between the two Ju∣bilees, have come into the hands of One Man, and so have destroyed Ballance, Agrarian, Government, and all.

This they that boast of their Mathematicks might have taken the pains (before they had been so confident) to have demonstrated possible; as how or by what meanes one Lot could come in fifty years to be multiplied six hun∣dred thousand times, and that without usury, which barre (the Israelites being no Merchants) was thought sufficient to be given; or thus to call the prudence of God by their impracticable Phansyes, in question, is abo∣minable.

I would have Divines (as this Praevaricator perswades) and, it should seem, hath perswaded some of them, to overthrow the Common-wealth of Israel; for otherwise I will give them my word they shall never be able to touch that of Oceana, which expect in the hereditary suc∣cession and dignity of the Princes of the Tribes, and the Patriarchs, and that the Senate was for life, differs not from the former: for as to the divers working up of the super∣structures in divers Common-wealths according unto the diversity of occasions, it comes unto no Accomptable difference; and much (I conceive) of this carving or finishing in Israel, (which had it been extant would per∣haps have shewn a greater resemblance) is lost. For the Senates, as to their Numbers, that of the 300 in Oceana, considering the Bulk of the People, exceedeth not that of the Seaventy in Israel; the succession and dignity of the Princes of the Tribes and of the Patriarchs, was Ordain'd for the preservation of the Pedegrees, which (Christ being born) are not any more to be of like consequence; And that the Senators were for life, derived from a former Custome of such a Number of Elders exercising some Au∣thority in Aegypt (though not that of the Senate till it was instituted by God) from the descent of the Patriarchs into that Land, who being at their descent se••venty per∣sons, and governing their families by the right of Paterni∣ty; as the people increased, and they came to dye had their Successors appointed in such manner that the num∣ber of Seaventy in remembrance of those Patriarchs was diligently preserved. And forasmuch as the Patriarchs governing their own Familied (which at first were all) in their own right were consequently for life,

this also pleased in the substitution of others. These things rightly considered, I have not varyed from the Authority of Israel in a tittle, there being neither any such necessa∣ty use of Pedigrees, nor uninterrupted succession of El∣ders for life in Oceana; and unlesse a Man will say, That we ought to have the like Effect, where there is not the like Cause (which were absurd) the Authority of a Com∣mon wealth, holdeth no otherwise then from the cause to the effect.

Oceana, I say, cannot be wounded but by peircing the Authority of Israel, with which she is armed Cap, a pie.* 1.12 It is true (as the Praevaricator saith in another place) that Law can oblige onely those to whom it was given, and that the Laws of Israel were given as to the power or Obligation of them onely to the Children of Israel. But the power (as hath been shewn) of a Common-wealth and her Authority are diffe∣rent things, her power extends no farther than her own people, but her Authority may govern others, as that of Athens did Rome; when the later writt her twelve Tables by the Copy of the former. In this manner, though a Man or a Common-wealth, writing out of Antient governments have liberty to choose that which sutes best with the occasi∣on, out of any; yet, whether we consider the wisedome and Justice of the Legislator supremely good, or the excellency of the Lawes; the Prerogative of Authority, where the na∣ture of the thing admitts, must needs belong unto Israel. That this opinion should go sore with Divines, is strange; and yet if there be any feeling of their pulse by this their Advocate or Attorney, as true.

For while he finds mee writing out of Venice, he tells* 1.13 me I have wisely put my self under her Protection or Authority, against whom he dares not make warre, lest he should take part with the Turk.

But when he finds me writing out of Israel, he tells me* 1.14 that he is not aware of any Prerogative of Authority belonging to the Israelitish more then any other Republick: which is to take part with the Devill.

So much for Israel: Now for Lacedemon, but you will permitt me to shake a friend or two by the hand, as I goe.

The first is Aristotle, in these words.

Inequality is the source of all Sedition, as when the riches of* 1.15 one or the few come to cause such an overballance as drawes the Common-wealth into Monarchy or Oligarchy; for prevention whereof the Ostracism hath been of use in divers places, as at Argos and Athens. But it were better to provide in the begin∣ning, that there be no such Disease in the Common wealth, then to come afterwards unto her Cure.

The second is Plutarch, in these words.

Lycurgus judging that there ought to be no other inequality* 1.16 among Citizens of the same Common wealth than what derives from their vertues, divided the Land so equally among the La∣cedemonians, that on a day beholding the Harvest of their lots lying by Cocks or Ricks in the field, he laughing said, that it seem'd unto him they were all Brothers.

The third should have been the Considerer, but he is at fewd with us all.

The design of Lycurgus (he professes) was not so much to* 1.17 attain an equality in the frame of his Government, as to drive into Exile riches, and the effects of them, Luxury and Debau∣chery.

Notes

• * 1.1

  Pausan: Corith.
• * 1.2

  Arist. Pol. L. 5. C. 3.
• * 1.3

  Consid. p. 73.
• * 1.4

  Pol. L. 2. C. 5.
• * 1.5

  Plut. Lycur.
• * 1.6

  Pol. L. 3. C. 9.
• * 1.7

  Consid. p. 77.
• * 1.8

  Grot. ad Numb. 26. 53.
• * 1.9

  1 Sam. 8.
• * 1.10

  Gen. 47. 19. 20.
• * 1.11

  Grot. ad Gen. 47.
• * 1.12

  Consid. p. 36.
• * 1.13

  In his Epist.
• * 1.14

  Consid. p. 39.
• * 1.15

  Pol. L. 5. C. 3.
• * 1.16

  Plut. Lycur.
• * 1.17

  Consid. p. 78.