Of wisdom three books / written originally in French by the Sieur de Charron ; with an account of the author, made English by George Stanhope ...

CHAP. XLIV. The Third Distinction and Difference be∣tween Men, which is Accidental, and re∣lates to their Degrees, Conditions, Offices, and Relations.

THis Accidental Distinction, which regards the State of Life wherein Men are placed, the Offices they execute, and the Relations they mu∣tually bear to one another, is grounded upon the Two great Principles, and Fundamental Supports of all Humane Society, which are, Commanding and Obeying, Power and Subjection, a Superiour and an Inferiour Station.* 1.1 For were it not for Go∣vernment and Obedience, all this goodly Fabrick would fall to pieces. This Distinction I shall first endea∣vour to represent to you in the gross, by the fol∣lowing Table.

• The First and gene∣ral Divi∣sion
• All Power and Sub∣jection is either
  • 1 Private, which ex∣tends to
    • 1. Families and Hous∣hold Government, and here the mutu∣al Relations are contracted Four Ways; and the Authority is of Four Sorts.
      • 1. Conjugal, between the Husband and Wife; This Relation is the Source and Root of all Humane Society.
      • 2. Paternal, between Pa∣rents and Children; This is truly and pro∣perly Natural.
      • 3. Herile, and that of two Sorts.
        • 1. Of Lords and their Slaves.
        • 2. Of Masters over their Servants.
      • 4. That of Patrons and their Dependants, which is now out of Date, and searce any where in use.
    • 2. Corporations and Colleges and Civil Commu∣nities, such as are call'd the Lesser Communi∣ties, which relates to the several Members of that particular Body.
  • 2. Publick, and this a∣gain is ei∣ther
    • 1. Supreme, which is of Three Sorts, ac∣cording to the Three known Con∣stitutions.
      • 1. Monarchy, or a Go∣vernment vested in One single Person.
      • 2. Aristo••••••cy, or that which is administred by a few of the best Qua∣lity.
      • 3. Democracy, where the whole Body of the•• cople have some Share in it.
    • 2. Subordinate, which lieshetween Persons that are both Supo∣riours and Inferi∣ours, when consider∣ed in Different Re∣spects, and as Places and Persons may al∣ter the Case; and this is a Power of
      • 1. Particular Lords in their ••••••eral Jurisdictions, and admitting of many De∣grees.
      • 2. O••••cers and Magistrates dep••ted by the Supreme Power, of which there is likewise great Va∣riety.

[unspec 2] This Publick Power, whether the Supreme, or the Subordinate, * 1.2 admits of several Subdivisions, ve∣ry necessary to be attended to. The Supreme, which as I observ'd, is of Three Sorts, according to the different Constitutions, and Methods of Go∣vernment, executes and exerts it self in as many different ways, and each of These according to the different Temper and Management, hath been distinguish'd by the Titles of Kingly, Arbitrary, and Tyrannical. Kingly is when the Supreme Power (be it lodged in one, or in more Hands) is it self strictly Obedient to the Laws of Nature, and pre∣serves and protects its Subjects, in their Natural Liberties, and Civil Rights. All Power, in general, belongs to Kings, particular Properties to private Men. The King is Universal Lord, and hath a Right Para∣moum; Others have the Right of Lordship and Posses∣sion. Arbitrary Government is, when the Sovereign is Lord of Mens Persons and Estates by Right of Conquest; and the Subjects are Governed without any Regard to Claims, or Laws, or Rights, but in an absolate Way, as Lords use their Slaves. This is rather Bondage and Captivity; Subjection is too gentle a Name for it; where Lives are cut off, and Estates seized, and rack'd and taken away, at Pleasure. Tyrannical Government is where the Sove∣reign despises and disregards all the Laws of Na∣ture, and Original Rights of Mankind; and so does not only make use of, but abuses the Per∣sons and Possessions of the Subjects; and this dif∣fers from the former Arbitrary way, much after the same manner, that a Robber differs from a Fair Enemy in the Field.

Now, of these Three Different Constitutions, the Monarchical; but of the Three Tempers or Ways of Governing, the Arbitrary, hath been observed to be the most Antient, and best Calenlated of any, for Grandeur, Continuance and Splendor. Thus

it was with the Assyrian, Persian, Aegyptian, and at present that of Aethiopia, (the most Antient of a∣ny) Moscovy, Tartary, Turkey, and Pern. But the Best and most Natural Estate is, that manner of Government which we call Kingly, according to our late Distinction of it. The Famous Aristocracies were That of the Locademonians heretofore, and That of the Venetians and States of Holland at this Day. The Democracies were Rome, Athens, Carthage; but the Government of all These, as to its Temper and Method of Administration, was what we call Kingly.

[unspec 3] The Publick Power, which is Subaltern, * 1.3 or Sub∣ordinate, is lodg'd in particular Lords, and These are of several Sorts and Degrees, according to their respective Tenures and Capacities. But the most Considerable are Five.

• 1. Lords Tributary, who only owe Tribute, and nothing else.
• 2. Feudatary Lords, who hold their Lands in Fee.
• 3. Simple Vaslals, who owe Fealty and Homage for their Fee: These Three may be Sovereign Them∣selves too.
• 4. Liege Vassals, that besides Fealty and Homage, owe Personal Suit and Service, and so cannot be truly Sovereign.
• 5. Natural Subjects, whether Vassals in Fee or in Cens, or in any other Tenure and Capacity; These owe Subjection and Obedience, and cannot be ex∣empted from the Power of their Sovereign Lord, and yet are Lords Themselves.

[unspec 4] The Publick Subordinate Power, which consists, in Offices under, and Proper Officers employ'd by, * 1.4 the Supreme Power, is of several Sorts; but may be reduc'd to Five Degrees, with regard to the Di∣stinctions of Honour, and Power, which belong to, or may direct us in the Consideration of them.

• 1. The First and lowest Sort is that of Publick Executioners; such as give the last Stroke, and finish upon Criminals what the Courts of Justice have awarded and begun. These, however necessary, have yet somewhat so shocking in their Employment, that it hath been generally look'd upon as Odious and Scandalous, and the Persons in that Office, not suffered in many Places to dwell within the City.
• 2. The Second are Men, that are neither Ho∣nourable nor Dishonourable upon the Account of their Post, such as Sergeants, Trumpeters, and the like.
• 3. The Third Sort have Honour and Respect indeed by Virtue of their Office, but no Authori∣ty by way of Cognisance, or Power; such are Notaries, Receivers, Secretaries, and the like.
• 4. The Fourth have not an empty Honour on∣ly, but Power, and Cognisance, and yet not any Jurisdiction, properly so call'd; such are The King's Counsel, for Example; who may examine Publick∣ly, but can determine, or give sinal Issue to nothing.
• 5. The Last have Jurisdiction, properly so call'd, and by Virtue of This, they have all the Rest. And These only, in Strictness of Speech, are Magistrates; which may be dislinguish'd several Ways, par∣ticularly into these live Sorts, each of which is Two-fold.
  • 1. Mayors, Senators, Judges. Colonels, &c. Generals, Judges.
  • 2. In Politicks or Civil Government. In Military Matters.
  • 3. In Cuestions and Cases of Property and Right. In Criminal Cases, or Tryals of Offenders.
  • 4. Offices Titular, fixt and Hereditary. Offices in Particular Commission.

• ...
  • 5. Officers Perpetual, of which Nature it is sit, that there should be fewest, and Those on∣ly of the least Consequence.
  • Officers Temporal, or Removeable, such as all of the Highest Importance ought to be.

Of the Conditions and Degrees of Men par∣ticularly, according to the foregoing Table.

ADVERTISEMENT.

IT is Necessary to observe upon this Occasion, that the several Divisions of this Table, and the Distinction of those Powers, and their respective De∣pendencies, upon, and under them, (beginning at Those, which are Private and Domestick) are men∣tioned here with no other Design, than to give a distinct View of the several States and Conditions of Men; It being the Intention of this Present Book, only to Know Man in all his Capacities. And therefore a great Part of what might be ex∣pected upon the Head of Power and Subjection, the Reader must be content to wait for, till we come to the Third and last Part of this Treatise: Where, under the Head of Justice, these several Chapters and Capacities will come under our Con∣sideration again; and the several Duties and Vir∣tues required upon their Account will be specisied and explained. But, before we enter upon any of them in particular, it may not be amiss to pre∣mise somewhat briefly, concerning Command and Obedience in general. These being the Reciprocal Exercises of the Relations here mentioned. The Two Foundations and principal Causes of all that Variety of Circumstances, in which Mankind have been already described.

Notes

• * 1.1

  Imperio & Obsequio emnia constant.
• * 1.2

  Supreme Power Sub∣divided.
• * 1.3

  Of parti∣cular Lards.
• * 1.4

  O••f••••ers.