The Online Library of Liberty

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• Advertisement to the Reader.
• To the Lord Mayor, Aldermen, Sherifs, and Common Council of London.
• The Preface.
• The Life of James Harrington.
• The Mechanics of Nature:
• The Grounds and Reasons of Monarchy Considered: and Exemplify’d In the Scotish Line, Out of Their Own Best Authors and Records.
• The Commonwealth of Oceana. to His Highness the Lord Protector of the Commonwealth of England, Scotland, and Ireland.
• The Introduction, Or Order of the Work.
• Oceana.
• The Preliminarys, Shewing the Principles of Government.
• The Second Part of the Preliminarys.
• The Council of Legislators.
• Oceana: the Model of the Commonwealth of Oceana.
• Anno Dom.
• Anno Domini.
• Anno Domini.
• Epitome of the Whole Commonwealth.
• Libertas. the Proclamation of His Highness the Lord Archon of Oceana Upon Promulgation of the Model.
• The Prerogative of Popular Government.
• Epistle to the Reader.
• The First Book, Containing: a Full Answer to All Such Objections As Have Hitherto Bin Made Against Oceana.
• The Preface.
• Chap. I. Antient and Modern Prudence.
• Chap. I.: Whether Prudence Be Well Distinguish’d Into Antient and Modern.
• Chap. II.: Whether a Commonwealth Be Rightly Defin’d to Be a Government of Laws and Not of Men, and a Monarchy to Be the Government of Som Man, Or a Few Men, and Not of Laws?
• Chap. III.: Whether the Balance of Dominion In Land Be the Natural Cause of Empire?
• Chap. IV. Chap. IV.: Whether the Balance of Empire Be Well Divided Into National and Provincial; and Whether These Two, Or Any Nations That Are of Distinct Balance, Coming to Depend Upon One and the Same Head, Such a Mixture Creates a New Balance.
• Chap. V.: Whether There Be Any Common Right Or Interest of Mankind Distinct From the Parts Taken Severally; and How By the Orders of a Commonwealth It May Be Best Distinguish’d From Privat Interest.
• Chap. VI.: Whether the Senatusconsulta, Or Decrees of the Roman Senat, Had the Power of Laws?
• Chap. VII.: Whether the Ten Commandments Were Propos’d By God Or Moses, and Voted By the People of Israel.
• Chap. VIII.: Whether a Commonwealth Coming Up to the Perfection of the Kind, Coms Not Up to the Perfection of Government, and Has No Flaw In It.
• Chap. IX.: Whether Monarchy Coming Up to the Perfection of the Kind, Coms Not Short of the Perfection of Government, and Has Not Som Flaw In It. In Which Is Also Treated of the Balance of France; of the Original of a Landed Clergy; of Arms, and Their Ki
• Chap. X.: Whether a Commonwealth That Was Not First Broken By Her Self, Was Ever Conquer’d By the Arms of Any Monarch?
• Chap. XI.: Whether There Be Not an Agrarian, Or Som Law of Laws of That Nature, to Supply the Defect of It In Every Commonwealth: and Whether the Agrarian, As It Is Stated In Oceana, Be Not Equal and Satisfactory to All Interests.
• Chap. XII.: Whether Courses Or a Rotation Be Necessary to a Well-order’d Commonwealth. In Which Is Contain’d the Courses Or Parembole of Israel Before the Captivity, Together With the Epitome of Athens and Venice.
• The Second Book; Or, a Political Discourse Concerning Ordination: Against Dr. H. Hammond, Dr. L. Seaman, and the Authors They Follow.
• Advertisment to the Reader.
• Order of the Discourse.
• A Political Discourse Concerning Ordination.
• The Introduction, Or First Chapter.
• Chap. II.: That the Citys, Or Most of Them Nam’d In the Perambulation of the Apostles Paul and Barnabas, Were At That Time Under Popular Government. In Which Is Contain’d the Administration of a Roman Province.
• Chap. III.: The Deduction of the Chirotonia From Popular Government, and of the Original Right of Ordination From the Chirotonia. In Which Is Contain’d the Institution of the Sanhedrim Or Senat of Israel By Moses, and That of Rome By Romulus
• Chap. IV.: The Deduction of the Chirothesia From Monarchical Or Aristocratical Government, and of the Second Way of Ordination From the Chirothesia. In Which Is Contain’d the Commonwealth of the Jews As It Stood After the Captivity.
• Chap. V.: Whether the Chirotonia Mention’d In the Fourteenth of the Acts Be Indeed, As Is Pretended By Dr. Mammond, Dr. Seaman, and the Authors They Follow, the Same With the Chirothesia, Or a Far Different Thing. In Which Are Contain’d the
• Advertisement to the Reader, Or Direction to the Answerer.
• An Answer to Three Objections Against Popular Government, That Were Given Me After These Two Books Were Printed.
• The Art of Lawgiving: In Three Books.
• The Order of the Work.
• The First Book.
• The Second Book.
• The Third Book.
• The First Book, Shewing the Foundations and Superstructures of All Kinds of Government.
• The Preface. Considering the Principles Or Nature of Family Government.
• Chap. I.: Considering the Principles Or Balance of National Governments; With the Different Kinds of the Same.
• Chap. II.: Shewing the Variation of the English Balance.
• Chap. III.: Of Fixation of the Balance, Or of Agrarian Laws.
• Chap. IV.: Shewing the Superstructures of Governments.
• The Conclusion: Observing That the Principles of Human Prudence Being Good Without Proof of Scripture, Are Nevertheless Such As Are Provable Out of Scripture.
• The Second Book, Containing the Commonwealths of the Hebrews; Namely, Elohim, Or the Commonwealth of Israel; and Cabala, Or the Commonwealth of the Jews.
• The Preface, Shewing That There Were Commonwealths Before That of Israel.
• Chap. I.: Shewing That Israel Was a Commonwealth.
• Chap. II.: Shewing What Commonwealth Israel Was.
• Chap. III.: Shewing the Anarchy, Or State of the Israelits Under Their Judges.
• Chap. IV.: Shewing the State of the Israelits Under Their Kings, to the Captivity.
• Chap. V.: Shewing the State of the Jews In the Captivity; and After Their Return Out of It; With the Frame of the Jewish Commonwealth.
• Chap. VI.: Shewing How Ordination Was Brought Into the Christian Church, and the Divers Ways of the Same That Were At Divers Times In Use With the Apostles.
• The Conclusion: Shewing That Neither God, Nor Christ, Or the Apostles, Ever Instituted Any Government Ecclesiastical Or Civil Upon Any Other Principles Than Those Only of Human Prudence.
• The Third Book, Containing a Model of Popular Government, Practically Propos’d According to Reason, Confirm’d By the Scripture, and Agreable to the the Present Balance Or State of Property In England.
• The Preface. Containing a Model of Popular Government, Propos’d Notionally.
• Chap. I.: Containing the Civil Part of the Model, Propos’d Practicably.
• Chap. II.: Containing the Religious Part of This Model, Propos’d Practicably.
• Chap. III.: Containing the Military Part of This Model, Propos’d Practicably.
• Chap. IV.: Containing the Provincial Part of This Model, Propos’d Practicably.
• The Conclusion: Shewing How the Model Propos’d May Be Prov’d Or Examin’d; and Giving a Brief Answer to Mr. Wren’s Last Book, Intitl’d, Monarchy Asserted Against Mr. Harrington’s Oceana.
• A Word Concerning a House of Peers.
• Six Political Tracts Written On Several Occasions.
• Valerius and Publicola: Or, the True Form of a Popular Commonwealth Extracted Ex Puris Naturalibus.
• To the Reader.
• To the Parlament of the Commonwealth of England, &c. the Humble Petition, &c.
• The Petitioner to the Reader.
• A System of Politics Delineated In Short and Easy Aphorisms. Publish’d From the Author’s Own Manuscript.
• Chap. I.: Of Government.
• Chap. II.: Of the Matter of Government.
• Chap. III.: Of the Privation of Government.
• Chap. IV.: Of the Form of Government.
• Chap. V.: Of Form In the Civil Parts.
• Chap. VI.: Of Form In the Religious Part.
• Chap. VII.: Of Form In the Military Part.
• Chap. VIII.: Of Form In the Legal Part.
• Chap. IX.: Of Form In the Judicial Part.
• Chap. X.: Of the Administration of Government, Or Reason of State.
• Political Aphorisms.
• Seven Models of a Commonwealth: Or, Brief Directions Shewing How a Fit and Perfect Model of Popular Government May Be Made, Found, Or Understood.
• The First Part.
• Divers Models the First Model of Popular Government Propos’d. the Commonwealth of Israel.
• A Second Model of a Commonwealth Propos’d.
• A Third Model of a Commonwealth Propos’d. the Commonwealth of Sparta.
• A Fourth Model of a Commonwealth Propos’d. the Commonwealth of Athens.
• A Fifth Model of a Commonwealth Propos’d. the Commonwealth of Rome.
• A Sixth Model of a Commonwealth Propos’d. the Commonwealth of Venice.
• A Seventh Model of a Commonwealth Propos’d. the Commonwealth of Holland.
• The Second Part, Proposing a Model of a Commonwealth Fitted to the Present State of This Nation.
• Conclusion; Or, the Use of These Propositions.
• The Ways and Means Wherby an Equal and Lasting Commonwealth May Be Suddenly Introduc’d, and Perfectly Founded, With the Free Consent and Actual Confirmation of the Whole People of England.
• The Humble Petition of Divers Well Affected Persons, Deliver’d the 6th Day of July, 1659, With the Parlament’s Answer Therto.
• Appendix, Containing All the Political Tracts of James Harrington, Esq; Omitted In Mr. Toland ’s Edition of His Works.
• Pian Piano: Or, Intercourse Between H. Ferne, D. D. And J. Harrington, Esq; Upon Occasion of the Doctor’s Censure of the Commonwealth of Oceana.
• Epistle to the Reader.
• Intercourse Between H. Ferne, D. D. And James Harrington, Esq; Upon Occasion of the Doctor’s Censure of the Commonwealth of Oceana.
• The Queries I Shall Interweave With the Doctor’s Answer Unto Each of Them, Returned Unto Me With This Preamble.
• The First Query. How Much, Or In What the Author of Oceana Is Mistaken, to Think the Commonwealth of the Hebrews Appliable to His Purpose.
• The Second Query.
• The Third Query.
• The Fourth Query.
• The Fifth Query.
• The Sixth Query.
• The Seventh Query.
• The Stumbling-block of Disobedience and Rebellion, Cunningly Imputed By P. H. Unto Calvin, Remov’d, In a Letter to the Said P. H. From J. H.
• A Letter Unto Mr. Stubs, In Answer to His Oceana Weighed, &c.
• Politicaster: Or, a Comical Discourse In Answer to Mr. Wren ’s Book, Intituled, Monarchy Asserted, Against Mr. Harrington’ S Oceana.
• Pour Enclouer Le Canon.
• A Discourse Upon This Saying: the Spirit of the Nation Is Not Yet to Be Trusted With Liberty; Lest It Introduce Monarchy, Or Invade the Liberty of Conscience.
• A Discourse Shewing, That the Spirit of Parliaments, With a Council In the Intervals, Is Not to Be Trusted For a Settlement; Lest It Introduce Monarchy, and Persecution For Conscience.
• A Parallel of the Spirit of the People With the Spirit of Mr. Rogers; and an Appeal Thereupon Unto the Reader, Whether the Spirit of the People, Or the Spirit of Men Like Mr. Rogers, Be the Fitter to Be Trusted With the Government.
• A Sufficient Answer to Mr. Stubb.
• A Proposition In Order to the Proposing of a Commonwealth Or Democracy.
• The Rota: Or, a Model of a Free State, Or Equal Commonwealth.

CHAP. VI.

Whether the Senatusconsulta, or Decrees of the Roman Senat, had the Power of Laws?

AMONG divers and weighty reasons why I would have that prince look well to his file of musketeers, this is no small one, that he being upon no balance, will be able never to give law without them, For to think that he succedes to the senat, or that the power of the senat may serve his turn, is a presumption that will fail him. The senat, as such, has no power at all, but mere authority of proposing to the people, who are the makers of their own laws; whence the decrees of the senat of Rome are never laws, nor so call’d, but senatusconsulta. It is true that a king coming in, the senat, as there it did, may remain to his aid and advantage; and then they propose not as formerly to the people, but to him, who coms not in upon the right of the senat, but upon that of the people: whence says Justinian:*the prince’s pleasure has the force of law, since the people have by the lex regia, concerning his power, made over to him all their own empire and authority.Chap. VII. Thus the senatusconsultum Macedonicum, with the rest that had place allow’d byJustinianin compilement of the Roman laws, were not laws in that they were senatusconsulta, or propos’d by the senat, but in that they were allow’d by Justinian or the prince, in whom was now the right of the people.Consid. p. 30, 31. Wherfore the zealot for monarchy has made a pas de clerc, or foul step in his procession, where he argues thus out of Cujacius:it was soon agreed that the distinct decrees of the senat and people should be extended to the nature of laws; therfore the distinct decrees of the senat are laws, whether it be so agreed by the people, or by the prince, or no. For thus he has no sooner made his prince, than he kicks him heels overhead; seeing whether the decrees of the senat are laws without the king, that same is as much a king as the prevaricator a politician. A law is that which was past by the power of the people, or of the king.Consid. p. 32. But out of the light; in this place he takes a Welsh bait, and looking back, makes a muster of his victory, like the bussing Gascon, who to shew what he had thrown out of the windows in his debauchery, made a formal repetition of the whole inventory of the house.

[* ]Quod principi placuit legis habet vigorem, quam lege regia quæ de ejus imperio lata est, populus ei, & in eum omne imperium suum & potestatem concedat.