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The PREFACE. Containing a Model of Popular Government, propos’d Notionally. - James Harrington, The Oceana and Other Works [1656]

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The Oceana and Other Works of James Harrington, with an Account of His Life by John Toland (London: Becket and Cadell, 1771).

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The PREFACE.

Containing a Model of Popular Government, propos’d Notionally.

THERE is between the discourses of such as are commonly call’d natural philosophers, and those of anatomists, a large difference; the former are facil, the latter difficult. Philosophers, discoursing of elements for example, that the body of man consists of fire, air, earth and water, are easily both understood and credited, seeing by common experience we find the body of man returns to the earth from whence it was taken. A like entertainment may befal elements of government, as in the first of these books they are stated. But the fearful and wonderful making, the admirable structure and great variety of the parts of man’s body, in which the discourses of anatomists are altogether conversant, are understood by so few, that I may say they are not understood by any. Certain it is, that the delivery of a model of government (which either must be of no effect, or imbrace all those muscles, nerves, arterys and bones, which are necessary to any function of a well-order’d commonwealth) is no less than political anatomy. If you com short of this, your discourse is altogether ineffectual; if you com home, you are not understood: you may, perhaps, be call’d a learned author; but you are obscure, and your doctrin is impracticable. Had I only suffer’d in this, and not the people, I should long since have left them to their humor; but seeing it is they that suffer by it, and not my self, I will be yet more a fool, or they shall be yet wiser. Now coms into my head what I saw long since upon an Italian stage, while the spectators wanted hoops for their sides. A country fellow came with an apple in his hand; to which, in a strange variety of faces, his teeth were undoubtedly threaten’d, when enter’d a young anatomist brimful of his last lesson, who, stopping in good time the hand of this same country fellow, would by no means suffer him to go on with so great an enterprize, till he had first nam’d and describ’d to him all the bones, nerves, and muscles which are naturally necessary to that motion: at which, the good man being with admiration plainly chopfallen, coms me in a third, who, snatching away the apple, devour’d it in the presence of them both. If the people, in this case wherof I am speaking, were naturally so well furnish’d, I had here learn’d enough to have kept silence: but their eating, in the political way, of absolute necessity requires the aid of som political anatomist: without which, they may have appetits, but will be chopfallen. Examples wherof they have had but too many; one I think may be insisted upon without envy.

THIS is that which was call’d the agreement of the people, consisting in som of these propositions:

The anarchy of the levellers.That there be a representative of the nation consisting of four hundred persons, or not above.

WHICH proposition puts the bar on the quite contrary side; this being the first example of a commonwealth, wherin it was conceiv’d, that five hundred thousand men, or more, might be represented by four hundred. The representation of the people in one man, causes monarchy; and in a few, causes oligarchy: the many cannot be otherwise represented in a state of liberty, than by so many, and so qualify’d, as may within the compass of that number and nature imbrace the interest of the whole people. Government should be establish’d upon a rock, not set upon a precipice: a representative consisting but of four hundred, tho in the nature therof it be popular, is not in it self a weapon that is fix’d, but has somthing of the broken bow, as still apt to start aside to monarchy. But the paucity of the number is temper’d with the shortness of the term, it being farther provided,

That this representative be biennial, and sit not above eight months. But seeing a supreme council in a commonwealth is neither assembl’d nor dissolv’d, but by stated orders directing upwards an irresistible strength from the root, and as one tooth or one nail is driven out by another; how is it provided that this biennial council shall not be a perpetual council? Wheras nothing is more dangerous in a commonwealth than intire removes of council, how is it provided that these shall be men sufficiently experienc’d for the management of affairs? and last of all, wheras dissolution to soverain power is death, to whom are these after their eight months to bequeath the commonwealth? in this case it is provided,

That there be a council of state elected by each new representative, within twenty days after their first meeting, to continue till ten days after the meeting of the next representative. In which the faults observ’d in the former order, are so muchworse, as this council consists of fewer.Book III.Thus far this commonwealth is oligarchy: but it is provided,

That these representatives have soverain power, save that in som things the people may resist them by arms. Which first is a flat contradiction, and next is downright anarchy. Where the soverain power is not as entire and absolute as in monarchy it self, there can be no government at all. It is not the limitation of soverain power that is the cause of a commonwealth, but such a libration or poize of orders, that there can be in the same no number of men having the interest, that can have the power; nor any number of men having the power, that can have the interest, to invade or disturb the government. As the orders of commonwealths are more approaching to, or remote from this maxim (of which this of the levellers has nothing) so are they more quiet or turbulent. In the religious part only, proposing a national religion and liberty of conscience, tho without troubling themselves much with the means, they are right in the end.

AND for the military part, they provide,

That no man (even in case of invasion) be compellable to go out of the country where he lives, if he procures another to serve in his room. Which plainly intails upon this commonwealth a fit guard for such a liberty, even a mercenary army; for what one dos of this kind, may and will (where there is no bar) be don by all: so every citizen by mony procuring his man, procures his master. Now if this be work of that kind which the people in like cases (as those also of Rome, when they instituted their tribuns) do usually make, then have I good reason not only to think, but to speak it audibly, That to sooth up the people with an opinion of their own sufficiency in these things, is not to befriend them, but to feed up all hopes of liberty to the slaughter. Yet the Leveller, a late* pamphlet, having gather’d out of Oceana the principles by him otherwise well insinuated, attributes it to the agitators, or that assembly which fram’d this wooden agreement of the people: That then som of that council asserted these principles, and the reason of them.

BUT railery apart, we are not to think it has bin for nothing that the wisest nations have in the formation of government as much rely’d upon the invention of som one man, as upon themselves: for wheras it cannot be too often inculcated, that reason consists of two parts, the one invention, the other judgment; a people or an assembly are not more eminent in point of judgment, than they are void of invention. Nor is there in this any thing at all against the sufficiency of a people in the management of a proper form, being once introduc’d, tho they should never com to a perfect understanding of it. For were the natural bodys of the people such as they might commonly understand, they would be (as I may say) wooden bodys, or such as they could not use; wheras their bodys being now such as they understand not, are yet such as in the use and preservation whereof they are perfect.

THERE are in models of government things of so easy practice, and yet of such difficult understanding, that we must not think them even in Venice, who use their commonwealth with the greatest prudence and facility, to be all, or any considerable number of them, such as perfectly understand the true reason or anatomy of that government: nor is this a presumtuous assertion, since none of those Venetians, who have hitherto written of their own form, have brought the truth of it to any perfect light. The like perhaps (and yet with due acknowledgment to Livy) might be said of the Romans. The Lacedemonians had not the right understanding of their model, till about the time of Aristotle it was first written by Dicearchus, one of his scholars. How egregiously our ancestors (till those foundations were broken which at length have brought us round) did administer the English government, is sufficiently known. Yet by one of the wisest of our writers (even my lord Verulam) is Henry the Seventh parallel’d with the legislators of antient and heroic times, for the institution of those very laws which have now brought the monarchy to utter ruin. The commonwealths upon which Machiavel in his discourses is incomparable, are not by him, any one of them, sufficiently explain’d or understood. Much less is it to be expected from a people, that they should overcom the like difficultys, by reason wherof the wisest nations (finding themselves under the necessity of a change or of a new government) induc’d by such offers as promis’d fair, or against which they could find no exceptions, have usually acted as men do by new clothes; that is, put them on, that, if they be not exactly fit at first, they may either fit themselves to the body in wearing, or therby more plainly shew wherin they can be mended even by such as would otherwise prove but bad workmen. Nor has any such offer bin thought to have more presumption, much less treason in it, than if one conscious of his skill in architecture should offer himself to the prince or state to build a more convenient parlament house. England is now in such a condition, that he who may be truly said to give her law, shall never govern her; and he who will govern her, shall never give her law. Yet som will have it, that to assert popular power, is to sow the seed of civil war, and object against a commonwealth, as not to be introduc’d but by arms; which by the undeniable testimony of latter experience, is of all other objections the most extravagant: for if the good old cause, against the desire even of the army, and of all men well affected to their country, could be trod under foot without blood, what more certain demonstration can there be, that (let the deliberations upon, or changes of government, be of what kind soever which shall please a parlament) there is no appearance that they can occasion any civil war? Streams that are stop’d may urge their banks; but the course of England, into a commonwealth, is both certain and natural. The ways of nature require peace: the ways of peace require obedience to the laws: laws in England cannot be made but by parlaments: parlaments in England are com to be mere popular assemblys: the laws made by popular assemblys (tho for a time they may be aw’d, or deceiv’d, in the end) must be popular laws; and the sum of popular laws must amount to a commonwealth. The whole doubt or hazard of this consequence remains upon one question, Whether a single council consisting but of four hundred, indu’d both with debate and result; the keys of whose doors are in the hands of ambitious men; in the croud and confusion of whose election the people are as careless as tumultuous, and easy, thro the want of good orders, to be deluded; while the clergy (declar’d and inveterat enemys of popular power) are laying about, and sweating in the throng, as if it were in the vineyard; upon whose benches lawyers (being feather’d and arm’d, like sharp and sudden arrows, with a privat interest pointblank against the public) may and frequently do swarm, can indeed be call’d a popular council? This, I confess, may set the whole state of liberty upon the cast of a dy; yet questionless it is more than odds on the behalf of a commonwealth, when a government labors in frequent or long struggles, not thro any certain biass of genius or nature that can be in such a council, but thro the impotence of such conclusions as may go awry, and the external force or state of property now fully introduc’d: whence such a council may wander, but never find any rest or settlement, except only in that natural and proper form of government which is to be erected upon a mere popular foundation. All other ways of proceding must be void, as inevitably guilty of contradiction in the superstructures to the foundation; which have amounted, and may amount to the discouragement of honest men, but with no other success than to imbroil or retard business: England being not capable of any other permanent form than that only of a commonwealth; tho her supreme council be so constituted, that it may be monarchically inclin’d. This contradiction in the frame is the frequent occasion of contradictory expostulations and questions. How, say they, should we have a commonwealth? Which way is it possible that it should com in? And how, say I, can we fail of a commonwealth? What possibility is there we should miss of it?

IF a man replys, he answers thus: No army ever set up a commonwealth. To the contrary, I instance the army of Israel under Moses; that of Athens about the time of Alcibiades; that of Rome upon the expulsion of the Tarquins; those of Switzerland and Holland. But, say they, other armies have not set up commonwealths. True indeed, divers other armys have not set up commonwealths; yet is not that any argument why our armys should not. For in all armys that have not set up commonwealths, either the officers have had no fortunes or estates at all, but immediatly dependent upon the mere will of the prince, as the Turkish armys, and all those of the eastern countrys; or the officers have bin a nobility commanding their own tenants. Certain it is, that either of these armys can set up nothing but monarchy. But our officers hold not estates of noblemen able upon their own lands to levy regiments, in which case they would take home their people to plow, or make hay; nor are they yet so put to it for their livelihood, as to depend wholly upon a prince, in which case they would fall on robbing the people; but have good honest popular estates to them and their heirs for ever. Now an army, where the estates of the officers were of this kind, in no reason can, in no experience ever did set up monarchy. Ay but, say they, for all that, their pay to them is more considerable than their estates. But so much more must they be for a commonwealth, because the parlament must pay: and they have found by experience, that the pay of a parlament is far better than that of a prince. But the four hundred being monarchically inclin’d, or running upon the interest of those irreconcilable enemys of popular power, divines and lawyers, will rather pay an army for commanding, or for supporting of a prince, than for obeying. Which may be true, as was acknowledg’d before, in the way: but in the end, or at the long run, for the reasons mention’d, must be of no effect.

THESE arguments are from the cause; now for an argument to sense, and from the effect: If cur armys would raise mony of themselves, or, which is all one, would make a king, why have they not made a king in so many years? Why did they not make one yesterday? Why do they not to-day? Nay, why have they ever bin, why do they still continue to be of all others in this point the most averse and refractory?

BUT if the case be so with us, that nature runs wholly to a commonwealth, and we have no such force as can withstand nature, why may we not as well have golden dreams of what this commonwealth may be, as of the Indys, of Flanders, or of the Sound? The frame of a commonwealth may be dreamt on, or propos’d two ways; the one in theory, or notionally, in which it is of easy understanding, but of difficult practice: the other practically, in which it is of difficult understanding, but of facil use. One of these ways is a shooinghorn and the other the shoo; for which cause I shall propose both, as first notionally, thus:

The Model propos’d notionally.1. That the native territory of the commonwealth be divided, so equally as with any convenience it may, into fifty tribes or precincts.

2. That the people in each tribe be distinguish’d, first by their age, and next by the valuation of their estates: all such as are above eighteen, and under thirty, being accounted youth; and all such as are thirty or upwards, being accounted elders. All such as have under one hundred pounds a year in lands, goods, or mony, being accounted of the foot; and all such as have so much or upwards, being accounted of the horse.

3. That each tribe elect annually out of the horse of their number two elders to be knights; three elders out of the same, and four elders more out of the foot of their number, to be deputys or burgesses. That the term of each knight and burgess, or deputy so elected, be triennial; and that whoever has serv’d his triennial term in any one of these capacitys, may not be reelected into any one of the same, till a triennial vacation be expir’d.

4. That in the first year of the commonwealth there be a senat so constituted, of three hundred knights, that the term of one hundred may expire actually; and that the hundred knights, annually elected by two in each tribe, take in the senat the places of them whose term coms to be thus annually expir’d.

5. That in the first year of the commonwealth there be a representative of the people, consisting of one thousand and fifty deputys; four hundred and fifty of them being horse, and the rest foot. That this representative be so constituted, that the term of two hundred of the foot, and of one hundred and fifty of the horse, expire annually; and that the two hundred foot, and one hundred and fifty horse elected annually, by four of the foot, and three of the horse in each tribe, take the places in this representative of them whose terms com thus annually to be expir’d.

6. That the senat have the whole authority of debate; that the representative have the whole power of result, in such a manner, that whatever (having bin debated by the senat) shall by their authority be promulgated, that is, printed and publish’d, for the space of six weeks; and afterwards (being propos’d by them to the representative) shall be resolv’d by the people of the same in the affirmative, by the law of the land.

THUS much may suffice to give implicitly a notional account of the whole frame. But a model of government is nothing as to use, unless it be also deliver’d practicably; and the giving of a model practicably, is so much the more difficult, that men, not vers’d in this way, say of it (as they would of the anatomy of their own bodys) that it is impracticable. Here lys the whole difficulty: such things as, trying them never so often, they cannot make hang together, they will yet have to be practicable; and if you would bring them from this kind of shifts, or of tying and untying all sorts of knots, to the natural nerves and ligaments of government, then with them it is impracticable. But to render that which is practicable, facil; or to do my last indeavor of this kind, of which if I miss this once more, I must hereafter despair: I shall do two things; first, omit the ballot, and then make som alteration in my former method.

THEY who have interwoven the ballot with the description of a commonwealth, have therby render’d the same by far the more complete in it self; but in the understanding of their readers, as much defective: wherfore presuming the use of the ballot throout the orders of this model, I shall refer it to practice; in which it will be a matter of as much facility, as it would have bin of difficulty in writing. And for the method I have chosen, it is the most natural and intelligible, being no more than to propose the whole practicably: first, in the civil; secondly, in the religious; then in the military; and last of all in the provincial part of the model.

[* ]A later pamphlet call’d XXV Querys, using the balance of property, which is fair enough, refers it to Sir Thomas Smith’s 15th chap. (de repub. populi ingenio accommodanda) where the author speaks not one word of property; which is very foul.