The Commonwealth of Oceana Part 2

Carthage consisted of the Senate proposing and sometimes resolving too, of the people resolving and sometimes debating too, for which fault she was reprehended by Aristotle; and she had her suffetes, and her hundred men, with other magistrates, executing.

Rome consisted of the Senate proposing, the concio or people resolving, and too often debating, which caused her storms; as also of the consuls, censors, aediles, tribunes, praetors, quaestors, and other magistrates, executing.

Venice consists of the Senate, or pregati, proposing, and sometimes resolving too, of the great Council or a.s.sembly of the people, in whom the result is const.i.tutively; as also of the doge, the signory, the censors, the dieci, the quazancies, and other magistrates, executing.

The proceeding of the Commonwealths of Switzerland and Holland is of a like nature, though after a more obscure manner; for the sovereignties, whether cantons, provinces, or cities, which are the people, send their deputies, commissioned and instructed by themselves (wherein they reserve the result in their own power), to the provincial or general convention, or Senate, where the deputies debate, but have no other power of result than what was conferred upon them by the people, or is further conferred by the same upon further occasion. And for the executive part they have magistrates or judges in every canton, province, or city, besides those which are more public, and relate to the league, as for adjusting controversies between one canton, province, or city and another, or the like between such persons as are not of the same canton, province, or city.

But that we may observe a little further how the heathen politicians have written, not only out of nature, but as it were out of Scripture: as in the Commonwealth of Israel, G.o.d is said to have been king, so the commonwealth where the law is king, is said by Aristotle to be "the kingdom of G.o.d." And where by the l.u.s.ts or pa.s.sions of men a power is set above that of the law deriving from reason, which is the dictate of G.o.d, G.o.d in that sense is rejected or deposed that he should not reign over them, as he was in Israel. And yet Leviathan will have it that "by reading of these Greek and Latin [he might as well in this sense have said Hebrew] authors, young men, and all others that are unprovided of the antidote of solid reason, receiving a strong and delightful impression of the great exploits of war achieved by the conductors of their armies, receive withal a pleasing idea of all they have done besides, and imagine their great prosperity not to have proceeded from the emulation of particular men, but from the virtue of their popular form of government, not considering the frequent seditions and civil wars produced by the imperfection of their polity." Where, first, the blame he lays to the heathen authors, is in his sense laid to the Scripture; and whereas he holds them to be young men, or men of no antidote that are of like opinions, it should seem that Machiavel, the sole retriever of this ancient prudence, is to his solid reason a beardless boy that has newly read Livy. And how solid his reason is, may appear where he grants the great prosperity of ancient commonwealths, which is to give up the controversy. For such an effect must have some adequate cause, which to evade he insinuates that it was nothing else but the emulation of particular men, as if so great an emulation could have been generated without as great virtue, so great virtue without the best education, and best education without the best law, or the best laws any otherwise than by the excellency of their polity.

But if some of these commonwealths, as being less perfect in their polity than others, have been more seditious, it is not more an argument of the infirmity of this or that commonwealth in particular, than of the excellency of that kind of polity in general, which if they, that have not altogether reached, have nevertheless had greater prosperity, what would befall them that should reach?

In answer to which question let me invite Leviathan, who of all other governments gives the advantage to monarchy for perfection, to a better disquisition of it by these three a.s.sertions.

The first, that the perfection of government lies upon such a libration in the frame of it, that no man or men in or under it can have the interest, or, having the interest, can have the power to disturb it with sedition.

The second, that monarchy, reaching the perfection of the kind, reaches not to the perfection of government, but must have some dangerous flaw in it.

The third, that popular government, reaching the perfection of the kind, reaches the perfection of government, and has no flaw in it.

The first a.s.sertion requires no proof.

For the proof of the second, monarchy, as has been shown, is of two kinds: the one by arms, the other by a n.o.bility and there is no other kind in art or nature; for if there have 'been anciently some governments called kingdoms, as one of the Goths in Spain, and another of the Vandals in Africa, where the King ruled without a n.o.bility and by a council of the people only it is expressly said by the authors that mention them that the, kings were but the captains, and that the people not only gave them laws, but deposed them as often as they pleased.

Nor is it possible in reason that it should be otherwise in like cases; wherefore these were either no monarchies, or had greater flaws in them than any other.

But for a monarchy by arms, as that of the Turk (which, of all models that ever were, comes up to the perfection of the kind), it is not in the wit or power of man to cure it of this dangerous flaw, that the Janizaries have frequent interest and perpetual power to raise sedition, and to tear the magistrate, even the prince himself, in pieces.

Therefore the monarchy of Turkey is no perfect government.

And for a monarchy by n.o.bility, as of late in Oceana (which of all other models, before the declination of it, came up to the perfection in that kind), it was not in the power or wit of man to cure it of that dangerous flaw; that the n.o.bility had frequent interest and perpetual power by their retainers and tenants to raise sedition; and (whereas the Janizaries occasion this kind of calamity no sooner than they make an end of it) to levy a lasting war, to the vast effusion of blood, and that even upon occasions wherein the people, but for their dependence upon their lords, had no concernment, as in the feud of the Red and White. The like has been frequent in Spain, France, Germany, and other monarchies of this kind; wherefore monarchy by a n.o.bility is no perfect government.

For the proof of the third a.s.sertion: Leviathan yields it to me, that there is no other commonwealth but monarchical or popular; wherefore if no monarchy be a perfect government, then either there is no perfect government, or it must be popular, for which kind of const.i.tution I have something more to say than Leviathan has said or ever will be able to say for monarchy. As,

First, that it is the government that was never conquered by any monarch, from the beginning of the world to this day, for if the commonwealths of Greece came under the yoke of the Kings of Macedon, they were first broken by themselves.

Secondly, that it is the government that has frequently led mighty monarchs in triumph.

Thirdly, that it is the government, which, if it has been seditious, it has not been so from any imperfection in the kind, but in the particular const.i.tution; which, wherever the like has happened, must have been unequal.

Fourthly, that it is the government, which, if it has been anything near equal, was never seditious; or let him show me what sedition has happened in Lacedaemon or Venice.

Fifthly, that it is the government, which, attaining to perfect equality, has such a libration in the frame of it, that no man living can show which way any man or men, in or under it, can contract any such interest or power as should be able to disturb the commonwealth with sedition, wherefore an equal commonwealth is that only which is without flaw and contains in it the full perfection of government. But to return.

By what has been shown in reason and experience, it may appear, that though commonwealths in general be governments of the senate proposing, the people resolving, and the magistracy executing, yet some are not so good at these orders as others, through some impediment or defect in the frame, balance, or capacity of them, according to which they are of divers kinds.

The first division of them is into such as are single, as Israel, Athens, Lacedaemon, etc.; and such as are by leagues, as those of the Achaeans, AEtolians, Lycians, Switz, and Hollanders.

The second (being Machiavel's) is into such as are for preservation, as Lacedaemon and Venice, and such as are for increase, as Athens and Rome; in which I can see no more than that the former takes in no more citizens than are necessary for defence, and the latter so many as are capable of increase.

The third division (unseen hitherto) is into equal and Unequal, and this is the main point, especially as to domestic peace and tranquillity; for to make a commonwealth unequal, is to divide it into parties, which sets them at perpetual variance, the one party endeavoring to preserve their eminence and inequality and the other to attain to equality; whence the people of Rome derived their perpetual strife with the n.o.bility and Senate. But in an equal commonwealth there can be no more strife than there can be overbalance in equal weights; wherefore the Commonwealth of Venice, being that which of all others is the most equal in the const.i.tution, is that wherein there never happened any strife between the Senate and the people.

An equal commonwealth is such a one as is equal both in the balance or foundation, and in the superstructure; that is to say, in her agrarian law and in her rotation.

An equal agrarian is a perpetual law, establishing and preserving the balance of dominion by such a distribution, that no one man or number of men, within the compa.s.s of the few or aristocracy, can come to overpower the whole people by their possessions in lands.

As the agrarian answers to the foundation, so does rotation to the superstructures.

Equal rotation is equal vicissitude in government, or succession to magistracy conferred for such convenient terms, enjoying equal vacations, as take in the whole body by parts, succeeding others, through the free election or suffrage of the people.

The contrary, whereunto is prolongation of magistracy, which, trashing the wheel of rotation, destroys the life or natural motion of a commonwealth.

The election or suffrage of the people is most free, where it is made or given in such a manner that it can neither oblige nor disoblige another, nor through fear of an enemy, or bashfulness toward a friend, impair a man's liberty.

Wherefore, says Cicero, the tablet or ballot of the people of Rome (who gave their votes by throwing tablets or little pieces of wood secretly into urns marked for the negative or affirmative) was a welcome const.i.tution to the people, as that which, not impairing the a.s.surance of their brows, increased the freedom of their judgment. I have not stood upon a more particular description of this ballot, because that of Venice exemplified in the model is of all others the most perfect.

An equal commonwealth (by that which has been said) is a government established upon an equal agrarian, arising into the superstructures or three orders, the Senate debating and proposing, the people resolving, and the magistracy executing, by an equal rotation through the suffrage of the people given by the ballot. For though rotation may be without the ballot, and the ballot without rotation, yet the ballot not only as to the ensuing model includes both, but is by far the most equal way; for which cause under the name of the ballot I shall hereafter understand both that and rotation too.

Now having reasoned the principles of an equal commonwealth, I should come to give an instance of such a one in experience, if I could find it; but if this work be of any value, it lies in that it is the first example of a commonwealth that is perfectly equal. For Venice, though it comes the nearest, yet is a commonwealth for preservation; and such a one, considering the paucity of citizens taken in, and the number not taken in, is externally unequal; and though every commonwealth that holds provinces must in that regard be such, yet not to that degree.

Nevertheless, Venice internally, and for her capacity, is by far the most equal, though it has not, in my judgment, arrived at the full perfection of equality; both because her laws supplying the defect of an agrarian are not so clear nor effectual at the foundation, nor her superstructures, by the virtue of her ballot or rotation, exactly librated; in regard that through the paucity of her citizens her greater magistracies are continually wheeled through a few hands, as is confessed by Janotti, where he says, that if a gentleman comes once to be Savio di terra ferma, it seldom happens that he fails from thenceforward to be adorned with some one of the greater magistracies, as Savi di mare, Savi di terra ferma, Savi Grandi, counsellors, those of the decemvirate or dictatorian council, the aurogatori, or censors, which require no vacation or interval. Wherefore if this in Venice, or that in Lacedaemon, where the kings were hereditary, and the Senators (though elected by the people) for life, cause no inequality (which is hard to be conceived) in a commonwealth for preservation, or such a one as consists of a few citizens; yet is it manifest that it would cause a very great one in a commonwealth for increase, or consisting of the many, which, by engrossing the magistracies in a few hands, would be obstructed in their rotation.

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 princ.i.p.ality 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 n.o.bility or gentry a fear of the people, or to the people a fear of the n.o.bility 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 n.o.ble 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 rest.i.tution 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 n.o.ble 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 n.o.ble use of them at home which should a.s.sert the liberty of mankind. For where there is not a n.o.bility 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 n.o.bility 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 G.o.d, to subst.i.tute 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 n.o.bility 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 n.o.bility, 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 a.s.sembly; 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 ent.i.tled "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.