Front Page Titles (by Subject) CHAP. IX.: Of Form in the judicial Part. - The Oceana and Other Works
CHAP. IX.: Of Form in the judicial Part. - James Harrington, The Oceana and Other Works 
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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- 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.
- 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.
Of Form in the judicial Part.
1. MULTIPLICITY of laws, being a multiplicity of snares for the people, causes corruption of government.
2. Paucity of laws requires arbitrary power in courts, or judicatorys.
3. Arbitrary power (in reference to laws) is of three kinds. (1) In making, altering, abrogating, or interpreting of laws, which belong to the soverain power. (2) In applying laws to cases which are never any one like another. (3) In reconciling the laws among themselves.
4. There is no difficulty at all in judging of any case whatsoever according to natural equity.
5. Arbitrary power makes any man a competent judg for his knowledge; but leaving him to his own interest, which oftentimes is contrary to justice, makes him also an incompetent judg, in regard that he may be partial.
6. A partiality is the cause why laws pretend to abhor arbitrary power; nevertheless, seeing that not one case is altogether like another, there must in every judicatory be som arbitrary power.
7. Paucity of laws causes arbitrary power in applying them; and multiplicity of laws causes arbitrary power in reconciling and applying them too.
8. Arbitrary power where it can do no wrong, dos the greatest right; because no law can ever be so fram’d, but that without arbitrary power it may do wrong.
9. Arbitrary power, going upon the interest of one or of a few, makes not a just judicatory.
10. Arbitrary power, going upon the interest of the whole people, makes a just judicatory.
11. All judicatorys and laws, which have bin made by arbitrary power, allow of the interpretation of arbitrary power, and acknowlege an appeal from themselves to it.
12. That law which leaves the least arbitrary power to the judg or judicatory, is the most perfect law.
13. Laws that are the fewest, plainest, and briefest, leave the least arbitrary power to the judg or judicatory; and being a light to the people, make the most incorrupt government.
14. Laws that are perplext, intricat, tedious, and voluminous, leave the greatest arbitrary power to the judg or judicatory; and raining snares on the people, make the most corrupt government.
15. Seeing no law can be so perfect as not to leave arbitrary power to the judicatory, that is the best constitution of a judicatory where arbitrary power can do the least hurt, and the worst constitution of a judicatory is where arbitrary power can do the most ill.
16. Arbitrary power in one judg dos the most, in a few judges dos less, and in a multitude of judges dos the least hurt.
17. The ultimat appeal from all inferior judicatorys is to som soverain judg or judicatory.
18. The ultimat result in every government (as in absolute monarchy, the monarch; in aristocracy, or aristocratical monarchy, the peers; in democracy, the popular assembly) is a soverain judg or judicatory that is arbitrary.
19. Arbitrary power in judicatorys is not such as makes no use of the law, but such by which there is a right use to be made of the laws.
20. That judicatory where the judg or judges are not obnoxious to partiality or privat interest, cannot make a wrong use of power.
21. That judicatory that cannot make a wrong use of power, must make a right use of law.
22. Every judicatory consists of a judg or som judges without a jury, or of a jury on the bench without any other judg or judges, or of a judg or judges on the bench with a jury at the bar.
FORM of government (as to the judicial part) being thus completed, is sum’d up in the three following aphorisms.
23. Absolute monarchy (for the judicial part of the form) admits not of any jury, but is of som such kind as a cadee or judg in a city, or as we say in a hundred, with an appeal to a cadaliskar or a judg in a province, from whom also there lys an appeal to the muphti, who is at the devotion of the grand signior or of the monarch.
Chap. X.24. Aristocracy or aristocratrical monarchy (for the judicial part of the form) may admit of a jury, so it be at the bar only, and consists of som such kind as delegats or ordinary judges, with an appeal to a house of peers; or som such court, as the parlament at Paris, which was at the institution in the reign of Hugh Capet, a parlament of soverain princes.
25. Democracy (for the judicial part of the form) is of som such kind as a jury on the bench in every tribe, consisting of thirty persons or more annually eligible in one third part by the people of that tribe, with an appeal from thence to a judicatory residing in the capital city of the like constitution, annually eligible in one third part out of the senat or the popular assembly, or out of both; from which also there lys an appeal to the people, that is to the popular assembly.