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.
Harrington, James, 1611-1677.

Gentlemen, What do you say? you have the Judge∣ment of three great Philosophers, and may make your own choice; Only except he that hath but one hundred pounds a year, can have Wine and Women at as full Command, and Retainers in as great plenty, as he that hath ten thou∣sand, I should think these advantages accrued from ine∣quality, and that Lycurgus had skill enough in a Common-wealth to see as much. No, sayes the Praevaricator, it ap∣peares far otherwise, in that he admitted of no money, but old Iron, a Cart-load of which was worth little. Well, but in Israel, where Silver and Gold was worth enough, my Gentleman would have it, that One man in the Compasse of fifty years might purchase the whole Land, though that Coun∣trey Page  92 was much larger then this: and yet where, if the People had used money, they would have used Trade, and using both, such a thing, through the straightness of the Ter∣ritory, might have happened, he will not conceive the like to have been possible. No, though he have an example of it in Lysander, who by the spoil of Athens ruined the Agra∣rian, first by the over-ballance that a mans money came to hold unto his lot, then by eating out the lots themselves, and in those the equality of the Common wealth. But these things he interpreteth pleasantly, as if the vow of vo∣luntary poverty (so he calls it) being broken, the Common-wealth, like a forsworn wretch, had gone and hanged her self: a Phancy too rank (I doubt) of the Cloyster, to be good at this woyk.

But whereas Plutarch, upon the narrowness of these lots (which had they been larger, must have made the Citizens fewer then thirty thousand, and so unable to defend the Common wealth,) and upon the use of this same old and rusty Iron instead of money, observes it came by this means to passe, that there was neither fine Orator, Fortune∣teller, Bawd▪ nor Goldsmith to be found in Lacedemon; Our* Considerer professeth,

That it is to him as strange as any thing in History, that Lycurgus should finde credit enough to settle a Government, which carryed along with it so much want and hardship unto particular men, that the totall absence of Government could scarce have put them into a worse Condition, the Lawes that he made, prohibiting the use of those things, which to enjoy with security, is that only to other men, that makes the yoak of Lawes supportable.

Here he is no Monke again; I would ask him no more, than that he would hold to some thing, be it any thing. It is true, we, who have been used to our Plum-pottage, are like enough to make faces (as did the King of Pontus) at the Lacedemonian black broth: But who hath opened his mouth against Plum-pottage, gilded Coaches, Pages, Lac∣ques, fair Mannor, Houses, good Tables, rich furniture, full purses, Universities, good Benefices, Scarlet Robes, su re Caps, rich Jewels, or said any thing that would not mul∣tip'y all this? Why (sayes he) you are so farre right, that Page  93 the voice of Lycurgusses Agrarian, was, Every man shall be thus poor, and that of yours is, that No man shall be more than thus rich. This is an Argument (an't please you) by which he thinks he hath proved, that there is no difference be∣tween the Agrarian that was in Lacedemon, and that which is in Oceana: for, Sir, whatsoever is thus and thus, is like. But the Agrarian of Lacedemon was thus, A man could have no money, or none that deserved that Name; and the Agrarian of Oceana is thus, A mans money is not con∣fin'de: therefore the Agrarian of the one, and of the other are like. Was it not a great grievance in Lacedemon, tro, that they had no such Logick nor Logician? Be this as it will, It had been impossible (sayes he) for Lyeurgus to have setled his Government, had he not wisely obtained response from the Oracle at Delphos, magnifying and recommending it; After which, all resistance would have been down-right impiety and disobedience, which concerns Mr. Harrington very little. The Bible then is not so good an Oracle, as was that at Delphos. But this reflection hath a tang with it, that makes me think it relates to that where he sayes, I know not how;* but Mr. Harrington hath taken up a very great unkindness for the Clergy: He will know nothing, neither that the Ora∣cle of the Scripture is, of all other, the clearest for a Com∣mon wealth; nor that the Clergy being genera'ly against a Common wealth, is, in this, below the Priests of Delphos; who were more for Lycurgus, then these are for Moses. But hav' at the Agrarian of Oceana, with the whole bail of dice, and at five throwes.

The first throw is, That it is unjust; for,

If it be truly assorted (in the fourth page of Oceana) that Government is founded on Propriety, then Propriety consists in* Nature before Government, and Government is to be fitted to Propriety, not Propriety to Government. How great a sin then would it be against the first and purest notion of Justice, to bring in a Government▪ not only different from, but directly de∣structive unto the setled Propriety of Oceana, where (in the the Hundredth Page) there are confest to be three hundred per∣sons, whose Estates in Land exceed the Standard of two thou∣sand pounds a year. Let me not be choaked with the Example of Lacedemon, till Mr. Harrington hath shewn us the power Page  94 of his perswasion with the Nobility of Oceana, as Lyeurgus with them of Lacedemon, to throw up their Lands to be par∣cell'd by his Agrarian (as Page the hundredth and Thirteenth) and when that is done, I shall cease to complain of the Injustice of it. Nor need any one of these three hundred be put to own a shame, for preferring his own interest before that of an whole Nation; for though when Government is once fixed, it may be fit to submit private to Publick Utility, when the questi∣on is of chusing a Government, every particular man is left unto his own native right, which cannot be pre∣scribed against, by the Interest of all the rest of Mankinde.

How many false Dice there are in this throw, (be∣cause you see I have little to do) will be worth Coun∣ting.

Whereas I no-where deny Propriety to derive her being from Law; He insinuates that I presume, propriety to be in nature. One.

Whereas in naturall and domestick vicissitude, I assert, That Empire is to follow the Legall State of Propriety; he imposeth, as if I had asserted, that Empire must follow the Naturall state of propriety. Two.

Whereas in violent or forrain vicissitude (as when the Israelites possessed themselves of the Land of Canaan the Gothes and Vandals of Italy, the Frankes of France, the Saxons of England) Propriety, in order unto the Go∣vernment to be introduced, is alterable; he insinuateth as if I had sayd, that, Empire must alwayes follow the state of Propriety, not as it may be alter'd in that relation, but as it is found. Three.

Whereas the government of Oceana is exactly fitted unto propriety, as it was settled before; he insinuates it to be destructive unto the settled propriety. Four.

Whereas I say, that to put it with the most, they that are Proprietors of Land in Oceana, exceeding two thousand pounds a year, do not exceed▪ three hundred persons: he saith, that I have confessed they be three hundred. Five.

Whereas I shew that the Nobility of Lacedemon, upon perswasion of Lycurgus, threw up their Estates to be par∣cell'd by his Agrarian; but that, in Oceana, it is not need∣full Page  95 or required that any man should part with a farthing, or throw up one shovelfull of his Earth: he imposeth, as if I went about to perswade the Nobility to throw up their Lands. Six.

Whereas I have shewn that no One of those within the three hundred, can have any interest against the Agrarian; He, without shewing what such an interest can be, insinu∣ates that they have an interest against it. Seven.

Whereas the Government of Oceana goes altogether up∣on consent, and happeneth not onely to fit private unto publick, but even publick unto private Utility, by which meanes it is voyd of all objection; he insinuates, that it is against private utility. Eight.

Where he saith, that in choosing a Government, every Man is left, to his own Native right. He insinuates that the Agrarian, (which doth no more than fix propriety, as she found it) is against Native Right. Nine.

Whereas God hath given the Earth unto the Sonnes of Men, which Native right (as in case a Man for hunger take so much as will feed him, and no more of any other Mans meat or Herd) prescribeth against legall Propriety, and is the cause why the Law esteemeth not such an Acti∣on to be theft; He insinuates that there is a Native right in Legall Propriety, which cannot be prescribed against by the interest of all the rest of Mankinde. Tn.

While he pleaded the case of Monarchy, Levelling was concluded lawfull; In the case of a Common-wealth, (which askes no such favour) Levelling is concluded un∣lawfull. Eleven.

In the Reformation, or Levell as to Monarchy, though Propriety subsisted before that Levell, yet Pro∣piety was to be fitted unto the Government, and not the Government unto propriety; but in the case of a Com∣mon-Wealth the Government is to be fitted unto Pro∣priety, and not Propriety unto the Government. Twelve.

In that, any man was bound to relinquish his Native right, else how could a Prince levell his Nobility; In this, no man is bound to relinquish his Native right. Thir∣teen.

Page  96In that, this same Native right might be prescribed a∣gainst by the Prince; In this, it cannot be prescribed a∣gainst by the interest of mankind. Fourteen.

In that, no Noble man but ought to own a shame if he preferr'd his interest before that of the Prince; In this, no Noble man ought to own a shame for preferring his own In∣terest before that of an whole Nation. Fifteen.

Would you have any more? these fifteen Majors and Minors, or false dice, are soopt up again, and put all into this Conclusion, or Box, like themselves.

Thus the Interest of the Three hundred is not Ballanced with that of a whole Nation, but that of some few extrava∣gant spirits: who by making dams in the Current of other Mens Estates, hope to derive some water to their own parched fortunes.

Calumniare fortiter, nihil adhaerebit. If a river have but one naturall bed or channel, what dam is made in it by this Agrarian? but if a river have had many naturall beds or channels, to which she hath forgotten to reach her brest, and whose mouthes are dryed up or obstructed; these are Dams which the Agrarian doth not make, but remove: and what parched fortunes can hereby hope to be watered but theirs onely whose veines having drunk of the same blood, have a right in nature to drink of the same milk? The Law of Moses allow'd▪ the first-born but a double por∣tion: was his an extravagant spirit?

His second Throw, is, that The nature of the Agrarian is such as cannot be fixed, in regard that the People being intrusted with a Ʋote and a Sword, may al∣ter it for the lesse, or come to drown-right Levelling. But as to this, in the Eighth Chapter I have barr'd his dice that be∣ing the place in which I thought most proper to give a full Answer to this Objection.

At the third Throw, he is extrerm awkward. For where∣as the Israelites (notwithstanding the voyages of Solomon, and what is said of the Ships of Tharsis) during their Agra∣rian, or while they had Land, were a Common-wealth of Husbandmen, and not of Merchants, nor came to the Excercise of this Trade, till they had no Land; or after their dispersion by the Emperour Adrian: he screws it in, after this manner▪ As the Jews who have no Lands are Page  97 every where great Traders; so the possession of Lands being* limited by this Agrarian, men who are either covetous or am∣bitious (as if Estates were not gotten by industry, but by co∣vetousness and ambition) will employ themselves and their E∣states in forraign Traffick, which being in a manner wholly ingrossed by the Capitall City of Oceana, that City, already too great, will immediately grow into an excess of power and riches very dangerous to the Common wealth; Amsterdam being come by such meanes to exercise of late a Tyranny in disposal of some publique affaires, much to the prejudice both of the Liber∣ty and Interest of the rest of the Union. An equal, if not grea∣ter incommodity to Oceana, would be created by the Agrarian, which making Emporium a City of Princes; would render the Countrey a Common wealth of Cottagers, able to dispute prece∣dence with the Beggars-Bush.

Newes, not from Tripoli, nor any other corner of the whole World but one. Bate me this, and shew me in what other City encrease of Houses, or new foundations was e∣ver held a Nuysance. This sure is a Phancy that regards not the old Folks or ancient Prudence.

One of the blessings that God promised unto Abraham, was, that his seed should be multiplyed as the Starres of Hea∣ven: And the Common wealth of Rome, by multiplying her seed, came to bound her Territory with the Ocean and her fame with the Starrs of Heaven. That such populous∣ness is that without which there can be no great Common∣wealth, both Reason and good Authours are clear; but whether it ought to begin in the Countrey, or in the City, is a scruple I have not known them make. That of Israel, began in the Countrey; That of Rome, in the City. Except there be obstruction or impediment by the Law, as in Tur∣ky where the Countrey; and in England▪ where the City is forbidden to increase. Where-ever there be a populous Country, for Example, France: it makes a populous City as Paris; And where-ever there be a populous City as Rome, after the ruine of Alba, and Amsterdam after the ruine (as to Trade) of Antwerp; it makes a populous Territory, as was that of the Rustick Tribes, and is that of Holland.

But the wayes how a populous City comes to make a populous Countrey, and how apopulous Countrey comes Page  90 to make a populous City are contrary; the one fiapning through sucking, as that of the City, and the other through weining, as that of the Countrey.

For proof of the former, the more mouths there be in a City, the more meat of necessity must be vented by the Countrey, and so there will be more Corn, more Cattel, and better Markets, which breeding more Labourers, more Husbandmen, and richer Farmers, bring the Countrey so farre from a Common wealth of Cottagers, that where the blessings of God through the fruitfulness of late years with us, render'd the Husbandman unable to dispute precedence with the Beggars-bush, his Trade thus uninterrupted, in that his Markets are certain, goes on with increase of Children, of Servants, of Corn, and of Cattel; for there is no reason why the fields adjoyning unto Emporium, being but of an hard soyl, should annually produce two Crops, but the po∣pulousness of the City.

The Country then growing more populous, and better stocked with Cattel, which also increaseth manure for the Land, must proportionably increase in fruitfulness. Hence it is, that (as the Romans also were good at such works) in Holland, there is scarce a puddle undrained, nor a bank of Sand cast up by the Sea, that is not covered with Earth, and made fruitful by the People; these being so strangely, with the growth of Amsterdam, increased, as comes perhaps to two parts in three: nor, the Agrarian taking place in O∣ceana, would it be longer disputed, whether she might not destroy Fishes to plant Men. Thus a populous City makes a Country milch, or populous by sucking; and whereas some may say, that such a City may suck from forraign parts, it is true enough, and no where more apparent than in Amsterdam. But a City that hath recourse unto a for∣raign dug, ere she had first sucked that of her proper Nurse or Territory dry, you shall hardly finde; or finding, (as in some Plantation not yet weyned) will hardly be able to make that Objection hold, seeing it will not lye so much against the populousness of the place, as the contrary.

But a populous Countrey, makes a populous City by weining; for when the People increase so much, that the dug of Earth can no more, the over-plus must seek some Page  91 other way of Livelihood: which is either Arms, such were those of the Gothes and Vandalls; or Merchandize and Ma∣nufacture, for which ends it being necessary, that they lay their heads and their Stock together, this makes populous Cities. Thus Holland being a small Territory, and suckt dry, hath upon the matter weined the whole People, and is thereby become, as it were one City that sucks all the World.

But by this meanes (sayes the Considerer) Emporium be∣ing already too great (while indeed Amsterdam considering the narrowness of her Territory, or the smallness of Hol∣land, is much more populous) would immediately grow into an excess of power and riches, very dangerous unto Liberty, an Example whereof was seen in the late Tyranny of that City; As if it were not sufficiently known that Amsterdam contri∣butes, and hath contributed more unto the defence of the Common wealth, or united Provinces, than all the rest of the League, and had in those late Actions which have been scandalized, resisted not the interest of Liberty, but of a Lord. That the increase of Rome, which was alwayes stu∣died by her best Citizens, should make her head too great for her body, or her power dangerous unto the Tribes, was never so much as imagined; and though she were a City of Princes, her Rustick Tribes were ever had in greatest e∣steem and honour; insomuch, that a Patrician would be of no other.

But the Authority of ancient Common wealths is need∣less, the Praevaricator by his own Argumentation or might, layes himself neck and heels.

For, saith he, Were this Agrarian once setled, Emporium would be a City of Princes, and the Nobility so throughly plu∣med,* that they would be just as strong of wing, as wild Foul, in moulting time. There would be a City of Princes, and yet no Nobility. He is so fast that I have pitty on him, if I knew but which way to let him loose. He meanes perhaps, that the Merchants growing rich, would be the Nobility; and the Nobility growing poor, would be Grasiers.

But so for ought I know, it was alwayes, or worse, that is, men attained unto riches & honours by such or worse arts, & in poverty made not alwayes so honest retreats. Unto all Page  100 which infirmities of the State, I am deceived, if this Agra∣rian do not apply the proper remedies. For such an Agra∣rian maketh a Common wealth for increase: the Trade of a Common wealth for increase, is Arms, Arms are not born by Merchants, but by Noble-men, and Gentlemen. The Nobility therefore having these Arms in their hands, by which Provinces are to be acquired, new Provinces yield new estates; so whereas the Merchant hath his re∣turns in Silk or Canvas, the Souldier will have his return in Land. He that representeth me as an Enemy to the No∣bility, is the man he speaketh of; For if ever the Common∣wealth attain unto five new Provinces, (and such a Com∣mon wealth will have Provinces enow) it is certain, that (besides honours, Magistracies, and the Revenues annex∣ed) there will be more estates in the Nobility of Oceana, of fourteen thousand pound Land a year, then ever were, or can otherwise be of four; and that without any the least danger unto the Common wealth: for if Rome had but lookt so farre to it, as to have made good her Agrarian in Italy, though she had neglected the rest, the wealth of her Nobility might have sucked her Provinces, but must have enriched the People, & so rather have water'd her Roots, then starved and destroyed them as it did. In this Case therefore the Nobility of Oceana, would not moulter like wild Foul, but be strong of wing as the Eagle.

One Argument more I have heard urged against the populousness of the Capital City which is, that the rich in time of sickness forsaking the place, by which meanes the Markets come to fail, the poor least they should starve, will run abroad, and infect the whole Countrey. But should a man tell them at Paris, or Grand Cairo (in the latter whereof, the Plague is more frequent and furious, then happens with us) that they are not to build Houses, nor in∣crease so much, least they should have the Plague, or that Children are not to be born so fast, lest they die, they would think it strange newes. A Common wealth is fur∣nished with Lawes, and power to adde such as she shall finde needful. In case a City be in that manner visited it is the duty of the Country, and of the Government, to pro∣vide for them by contribution.

Page  101The difficulty in making the Agrarian equall and steady* through the rise or fall that may happen in money, which is the fourth throw of the Praevaricator; is that which it might have been for his ease to have taken notice, was long since sufficiently barrd, where it is said, that if a new survey at the present Rent were taken, an Agrarian ordain∣ing that no Man should thenceforth hold above so much Land as is there valued at the rate, however money might alter would be equall and steddy enough.

His last cast is, that the Agrarian would make war against* universall and immemoriall Custom, which being without doubt more praevalent then that of Reason, there is nothing of such difficulty as to perswade men at once, and crudely, that they and their fore-Fathers have been in an errour.

Wise men, I see, may differ in Judgement or Counsell, for, saith Sir Francis Bacon. Surely every Medicine is an Inno∣vation,* and he that will not apply new remedyes, must expect new evills: For Time is the greatest Innovator: And if Time of course alter things to the worse, and Wisedome and Counsell may not alter them to the better, what must be the end?

But the Case of the Agrarian receiveth equall strength from each of these Counsellors or opinions; from the lat∣ter, in that it goes upon grounds which Time hath not in∣novated for the worse, but for the better, and so according to the former comes not to have been at once, and crudely perswaded, but introduced by custome, now grown universall and immemoriall. For who remembers the Gentry of this Nation to have worne the blew coates of the Nobility, or the lower sort of people to have lived upon the smoak of their Kitchins? To the contrary, Is it not now the Univer∣sall custome for men to rely upon their own fortunes or in∣dustry, and not to put their Trust in Princes, seeking in their liberality or dependance the meanes of living? The Prae∣varicator might as well jump into his great Grand-Fa∣thers old breeches, and perswade us that he is (a la mode) or in the new cutt, as that the wayes of our forefathers would agree with our Customes. Doth not every man now see, that if the Kings in those dayes had settled the E∣states of the Nobility by a Law, restraining them from sell∣ing Page  102 their Land, such a law had been an Agrarian, and yet not warring against their antient Customes, but preserving them? Wherefore neither doth the Agrarian proposed, taking the ballance of Estates as she now finceth them, make warre against, but confirme the present Customes. The onely Objection that can seem in this place to lye, is, that whereas it hath been the custome of Oceana that the Bulke of the Estate, should descend unto the Eldest Sonne, by the Agrarian, he cannot in case he have more brothers inherit above two thousand pounds a year in Land, or an equall share▪ But neither doth this, whether you regard the Parents or the Children, make warre with custome. For putting the case the Father have twenty thousand pounds a year in Land, he goes not the lesse in his custome or way of life for the Agrarian, because for this he hath no lesse: and if he have more or fewer Sonnes to whom this Estate descends by equall or unequall portions, neither do they go lesse in their wayes or customes of life for the Agrarian, because they never had more. But, says Ari∣stotle, (speaking of the Ostracism as it supplyes the defect of an Agrarian) this course is as necessary unto Kings, as unto Common wealths: By this meanes the Monarchyes of Tur∣ky* and of Spaine preserve their ballance; through the neg∣lect of this hath that of the Nobility of Oceana been bro∣ken; and this is it which the Praevaricator in advising that the Nobility be no farther Levell'd than will serve to keep the people under, requires of his Prince. So, that an Agra∣rian is necessary to Government, be it what it will, is on all hands concluded.