The Commonwealth of Oceana

Mankind then must either be less just than the creature, or acknowledge also his common interest to be common right. And if reason be nothing else but interest, and the interest of mankind be the right interest, then the reason of mankind must be right reason. Now compute well; for if the interest of popular government come the nearest to the interest of mankind, then the reason of popular government must come the nearest to right reason.

But it may be said that the difficulty remains yet; for be the interest of popular government right reason, a man does not look upon reason as it is right or wrong in itself, but as it makes for him or against him. Wherefore, unless you can show such orders of a government as, like those of God in nature, shall be able to constrain this or that creature to shake off that inclination which is more peculiar to it, and take up that which regards the common good or interest, all this is to no more end than to persuade every man in a popular government not to carve himself of that which he desires most, but to be mannerly at the public table, and give the best from himself to decency and the common interest. But that such orders may be established as may, nay must, give the upper hand in all cases to common right or interest, notwithstanding the nearness of that which sticks to every man in private, and this in a way of equal certainty and facility, is known even to girls, being no other than those that are of common practice with them in divers cases. For example, two of them have a cake yet undivided, which was given between them: that each of them therefore might have that which is due, "Divide," says one to the other, "and I will choose; or let me divide, and you shall choose." If this be but once agreed upon, it is enough; for the divident, dividing unequally, loses, in regard that the other takes the better half. Wherefore she divides equally, and so both have right. "Oh, the depth of the wisdom of God." And yet "by the mouths of babes and sucklings has He set forth His strength;" that which great philosophers are disputing upon in vain is brought to light by two harmless girls, even the whole mystery of a commonwealth, which lies only in dividing and choosing. Nor has God (if his works in nature be understood) left so much to mankind to dispute upon as who shall divide and who choose, but distributed them forever into two orders, whereof the one has the natural right of dividing, and the other of choosing.

For example: A commonwealth is but a civil society of men: let us take any number of men (as twenty) and immediately make a commonwealth. Twenty men (if they be not all idiots, perhaps if they be) can never come so together but there will be such a difference in them that about a third will be wiser, or at least less foolish than all the rest; these upon acquaintance, though it be but small, will be discovered, and, as stags that have the largest heads, lead the herd; for while the six, discoursing and arguing one with another, show the eminence of their parts, the fourteen discover things that they never thought on; or are cleared in divers truths which had formerly perplexed them. Wherefore, in matter of common concernment, difficulty, or danger, they hang upon their lips, as children upon their fathers; and the influence thus acquired by the six, the eminence of whose parts are found to be a stay and comfort to the fourteen, is the authority of the fathers. Wherefore this can be no other than a natural aristocracy diffused by God throughout the whole body of mankind to this end and purpose; and therefore such as the people have not only a natural but a positive obligation to make use of as their guides; as where the people of Israel are commanded to "take wise men, and understanding, and known among their tribes, to be made rulers over them." The six then approved of, as in the present case, are the senate, not by hereditary right, or in regard of the greatness of their estates only, which would tend to such power as might force or draw the people, but by election for their excellent parts, which tends to the advancement of the influence of their virtue or authority that leads the people. Wherefore the office of the senate is not to be commanders, but counsellors, of the people; and that which is proper to counsellors is first to debate, and afterward to give advice in the business whereupon they have debated, whence the decrees of the senate are never laws, nor so called; and these being maturely framed, it is their duty to propose in the case to the people. Wherefore the senate is no more than the debate of the commonwealth. But to debate is to discern or put a difference between things that, being alike, are not the same; or it is separating and weighing this reason against that, and that reason against this, which is dividing.

The senate then having divided, who shall choose? Ask the girls: for if she that divided must have chosen also, it had been little worse for the other in case she had not divided at all, but kept the whole cake to herself, in regard that being to choose, too, she divided accordingly. Wherefore if the senate have any further power than to divide, the commonwealth can never be equal. But in a commonwealth consisting of a single council, there is no other to choose than that which divided; whence it is, that such a council fails not to scramble—that is, to be factious, there being no other dividing of the cake in that case but among themselves.

Nor is there any remedy but to have another council to choose. The wisdom of the few may be the light of mankind; but the interest of the few is not the profit of mankind nor of a commonwealth. Wherefore, seeing we have granted interest to be reason, they must not choose lest it put out their light. But as the council dividing consists of the wisdom of the commonwealth, so the assembly or council choosing should consist of the interest of the commonwealth: as the wisdom of the commonwealth is in the aristocracy, so the interest of the commonwealth is in the whole body of the people. And whereas this, in case the commonwealth consist of a whole nation, is too unwieldy a body to be assembled, this council is to consist of such a representative as may be equal, and so constituted, as can never contract any other interest than that of the whole people; the manner whereof, being such as is best shown by exemplification, I remit to the model. But in the present case, the six dividing, and the fourteen choosing, must of necessity take in the whole interest of the twenty.

Dividing and choosing, in the language of a commonwealth, is debating and resolving; and whatsoever, upon debate of the senate, is proposed to the people, and resolved by them, is enacted by the authority of the fathers, and by the power of the people, which concurring, make a law.

But the law being made, says Leviathan, "is but words and paper without the hands and swords of men;" wherefore as these two orders of a commonwealth, namely, the senate and the people, are legislative, so of necessity there must be a third to be executive of the laws made, and this is the magistracy. In which order, with the rest being wrought up by art, the commonwealth consists of "the senate proposing, the people resolving, and the magistracy executing," whereby partaking of the aristocracy as in the senate, of the democracy as in the people, and of monarchy as in the magistracy, it is complete. Now there being no other commonwealth but this in art or nature, it is no wonder if Machiavel has shown us that the ancients held this only to be good; but it seems strange to me that they should hold that there could be any other, for if there be such a thing as pure monarchy, yet that there should be such a one as pure aristocracy or pure democracy is not in my understanding. But the magistracy, both in number and function, is different in different commonwealths. Nevertheless there is one condition of it that must be the same in every one, or it dissolves the commonwealth where it is wanting. And this is no less than that, as the hand of the magistrate is the executive power of the law, so the head of the magistrate is answerable to the people, that his execution be according to the law; by which Leviathan may see that the hand or sword that executes the law is in it and not above it.

Now whether I have rightly transcribed these principles of a commonwealth out of nature, I shall appeal to God and to the world—to God in the fabric of the Commonwealth of Israel, and to the world in the universal series of ancient prudence. But in regard the same commonwealths will be opened at large in the Council of legislators, I shall touch them for the present but slightly, beginning with that of Israel.

The Commonwealth of Israel consisted of the Senate, the people, and the magistracy.

The people by their first division, which was genealogical, were contained under their thirteen tribes, houses, or families; whereof the first-born in each was prince of his tribe, and had the leading of it: the tribe of Levi only, being set apart to serve at the altar, had no other prince but the high-priest. In their second division they were divided locally by their agrarian, or the distribution of the land of Canaan to them by lot, the tithe of all remaining to Levi; whence, according to their local division, the tribes are reckoned but twelve.

The assemblies of the people thus divided were methodically gathered by trumpets to the congregation: which was, it should seem, of two sorts. For if it were called with one trumpet only, the princes of the tribes and the elders only assembled; but if it were called with two, the whole people gathered themselves to the congregation, for so it is rendered by the English; but in the Greek it is called Ecclesia, or the Church of God, and by the Talmudist the great "Synagogue." The word Ecclesia was also anciently and properly used for the civil congregations, or assemblies of the people in Athens, Lacedaemon, and Ephesus, where it is so called in Scripture, though it be otherwise rendered by the translators, not much as I conceive to their commendation, seeing by that means they have lost us a good lesson, the apostles borrowing that name for their spiritual congregations, to the end that we might see they intended the government of the church to be democratical or popular, as is also plain in the rest of their constitutions.

The church or congregation of the people of Israel assembled in a military manner, and had the result of the commonwealth, or the power of confirming all their laws, though proposed even by God himself; as where they make him king, and where they reject or depose him as civil magistrate, and elect Saul. It is manifest that he gives no such example to a legislator in a popular government as to deny or evade the power of the people, which were a contradiction; but though he deservedly blames the ingratitude of the people in that action, he commands Samuel, being next under himself supreme magistrate, "to hearken to their voice" (for where the suffrage of the people goes for nothing, it is no commonwealth), and comforts him, saying, "They have not rejected thee, but they have rejected me that I should not reign over them." But to reject him that he should not reign over them, was as civil magistrate to depose him. The power therefore which the people had to depose even God himself as he was civil magistrate, leaves little doubt but that they had power to have rejected any of those laws confirmed by them throughout the Scripture, which, to omit the several parcels, are generally contained under two heads: those that were made by covenant with the people in the land of Moab, and those which were made by covenant with the people in Horeb; which two, I think, amount to the whole body of the Israelitish laws.

But if all and every one of the laws of Israel being proposed by God, were no otherwise enacted than by covenant with the people, then that only which was resolved by the people of Israel was their law; and so the result of that commonwealth was in the people. Nor had the people the result only in matter of law, but the power in some cases of judicature; as also the right of levying war, cognizance in matter of religion, and the election of their magistrates, as the judge or dictator, the king, the prince: which functions were exercised by the Synagoga magna, or Congregation of Israel, not always in one manner, for sometimes they were performed by the suffrage of the people, viva voce, sometimes by the lot only, and at others by the ballot, or by a mixture of the lot with the suffrage, as in the case of Eldad and Medad, which I shall open with the Senate.

The Senate of Israel, called in the old Testament the Seventy Elders, and in the New the Sanhedrim (which word is usually translated "the Council"), was appointed by God, and consisted of seventy elders besides Moses, which were at first elected by the people, but in what manner is rather intimated than shown. Nevertheless, because I cannot otherwise understand the passage concerning Eldad and Medad, of whom it is said "that they were of them that were written, but went not up to the tabernacle," then with the Talmudists I conceive that Eldad and Medad had the suffrage of the tribes, and so were written as competitors for magistracy; but coming afterward to the lot, failed of it, and therefore went not up to the tabernacle, or place of confirmation by God, or to the session-house of the Senate, with the Seventy upon whom the lot fell to be senators; for the session-house of the Sanhedrim was first in the court of the tabernacle, and afterward in that of the Temple, where it came to be called the stone chamber or pavement. If this were the ballot of Israel, that of Venice is the same transposed; for in Venice the competitor is chosen as it were by the lot, in regard that the electors are so made, and the magistrate is chosen by the "suffrage of the great Council or assembly of the people." But the Sanhedrim of Israel being thus constituted, Moses, for his time, and after him his successor sat in the midst of it as prince or archon, and at his left hand the orator or father of the Senate; the rest, or the bench, coming round with either horn like a crescent, had a scribe attending upon the tip of it.

This Senate, in regard the legislator of Israel was infallible, and the laws given by God such as were not fit to be altered by men, is much different in the exercise of their power from all other senates, except that of the Areopagus in Athens, which also was little more than a supreme judicatory, for it will hardly, as I conceive, be found that the Sanhedrim proposed to the people till the return of the children of Israel out of captivity under Esdras, at which time there was a new law made—namely, for a kind of excommunication, or rather banishment, which had never been before in Israel. Nevertheless it is not to be thought that the Sanhedrim had not always that right, which from the time of Esdras is more frequently exercised, of proposing to the people, but that they forebore it in regard of the fulness and infallibility of the law already made, whereby it was needless. Wherefore the function of this Council, which is very rare in a senate, was executive, and consisted in the administration of the law made; and whereas the Council itself is often understood in Scripture by the priest and the Levite, there is no more in that save only that the priests and the Levites, who otherwise had no power at all, being in the younger years of this commonwealth, those that were best studied in the laws were the most frequently elected into the Sanhedrim. For the courts, consisting of three-and-twenty elders sitting in the gates of every city, and the triumvirates of judges constituted almost in every village, which were parts of the executive magistracy subordinate to the Sanhedrim, I shall take them at better leisure, and in the larger discourse; but these being that part of this commonwealth which was instituted by Moses upon the advice of Jethro the priest of Midian (as I conceive a heathen), are to me a sufficient warrant even from God himself, who confirmed them, to make further use of human prudence, wherever I find it bearing a testimony to itself, whether in heathen commonwealths or others; and the rather, because so it is, that we who have the holy Scriptures, and in them the original of a commonwealth, made by the same hand that made the world, are either altogether blind or negligent of it; while the heathens have all written theirs, as if they had had no other copy; as, to be more brief in the present account of that which you shall have more at large hereafter:

Athens consisted of the Senate of the Bean proposing, of the Church or Assembly of the people resolving, and too often debating, which was the ruin of it; as also of the Senate of the Areopagus, the nine archons, with divers other magistrates, executing.

Lacedaemon consisted of the Senate proposing, of the Church or congregation of the people resolving only, and never debating, which was the long life of it; and of the two kings, the court of the ephors, with divers other magistrates, executing.

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 Assembly of the people, in whom the result is constitutively; 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, God is said to have been king, so the commonwealth where the law is king, is said by Aristotle to be "the kingdom of God." And where by the lusts or passions of men a power is set above that of the law deriving from reason, which is the dictate of God, God 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 assertions.

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 assertion 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 nobility 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 nobility 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 nobility, 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 nobility 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 nobility is no perfect government.

For the proof of the third assertion: 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 constitution 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 constitution; 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 nobility 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 constitution, 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 compass 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 constitution to the people, as that which, not impairing the assurance 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.