the commonwealth of oceana-第10章
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s under Herod； Pilate； and Tiberius； a three…piled tyranny。 To proceed； Athens preserved her religion； by the testimony of Paul； with great superstition： if Alcibiades； that atheistical fellow had not showed them a pair of heels； they had shaven off his head for shaving their Mercuries； and making their gods look ridiculously upon them without beards。 Nevertheless； if Paul reasoned with them； they loved news； for which he was the more welcome； and if he converted Dionysius the Areopagite； that is； one of the senators； there followed neither any hurt to him； nor loss of honor to Dionysius。 And for Rome； if Cicero； in his most excellent book 〃De Natura Deorum；〃 overthrew the national religion of that commonwealth； he was never the further from being consul。 But there is a meanness and poorness in modern prudence； not only to the damage of civil government； but of religion itself； for to make a man in matter of religion； which admits not of sensible demonstration （jurare in verba magistri）； engage to believe no otherwise than is believed by my lord bishop； or Goodman Presbyter is a pedantism that has made the sword to be a rod in the hands of schoolmasters； by which means； whereas the Christian religion is the furthest of any from countenancing war； there never was a war of religion but since Christianity； for which we are beholden to the Pope； for the Pope not giving liberty of conscience to princes and commonwealths； they cannot give that to their subjects which they have not themselves； whence both princes and subjects； either through his instigation or their own disputes； have introduced that execrable custom； never known in the world before； of fighting for religion； and denying the magistrate to have any jurisdiction concerning it； whereas the magistrate's losing the power of religion loses the liberty of conscience； which in that case has nothing to protect it。 But if the people be otherwise taught； it concerns them to look about them； and to distinguish between the shrieking of the lapwing and the voice of the turtle。 To come to civil laws。 If they stand one way and the balance another； it is the case of a government which of necessity must be new modelled； wherefore your lawyers； advising you upon the like occasions to fit your government to their laws； are no more to be regarded than your tailor if he should desire you to fit your body to his doublet。 There is also danger in the plausible pretence of reforming the law； except the government be first good； in which case it is a good tree； and （trouble not yourselves overmuch） brings not forth evil fruit； otherwise； if the tree be evil； you can never reform the fruit； or if a root that is naught bring forth fruit of this kind that seems to be good； take the more heed； for it is the ranker poison。 It was nowise probable； if Augustus had not made excellent laws； that the bowels of Rome could have come to be so miserably eaten out by the tyranny of Tiberius and his successors。 The best rule as to your laws in general is that they be few。 Rome； by the testimony of Cicero； Was best governed under those of the twelve tables； and by that of Tacitus； Plurimoe leges； corruptissima respublica。 You will be told that where the laws be few they leave much to arbitrary power。； but where they be many； they leave more； the laws in this case； according to Justinian and the best lawyers； being as litigious as the suitors。 Solon made few； Lycurgus fewer； laws； and commonwealths have the fewest at this day of all other governments。 Now to conclude this part with a word de judiciis； or of the constitution or course of courts； it is a discourse not otherwise capable of being well managed but by particular examples； both the constitution and course of courts being divers in different governments； but best beyond compare in Venice； where they regard not so much the arbitrary power of their courts as the constitution of them； whereby that arbitrary power being altogether unable to retard or do hurt to business； produces and must produce the quickest despatch； and the most righteous dictates of justice that are perhaps in human nature。 The manner I shall not stand in this place to describe； because it is exemplified at large in the judicature of the people of Oceana。 And thus much of ancient prudence； and the first branch of this preliminary discourse。
THE SECOND PART OF THE PRELIMINARIES
In the second part I shall endeavor to show the rise； progress； and declination of modern prudence。 The date of this kind of policy is to be computed； as was shown； from those inundations of Goths； Vandals； Huns； and Lombards that overwhelmed the Roman Empire。 But as there is no appearance in the bulk or constitution of modern prudence； that it should ever have been able to come up and grapple with the ancient； so something of necessity must have interposed whereby this came to be enervated； and that to receive strength and encouragement。 And this was the execrable reign of the Roman emperors taking rise from （that felix scelus） the arms of Caesar； in which storm the ship of the Roman Commonwealth was forced to disburden itself of that precious freight； which never since could emerge or raise its head but in the Gulf of Venice。 It is said in Scripture； 〃Thy evil is of thyself； O Israel！〃 to which answers that of the moralists； 〃None is hurt but by himself；〃 as also the whole matter of the politics； at present this example of the Romans； who； through a negligence committed in their agrarian laws； let in the sink of luxury； and forfeited the inestimable treasure of liberty for themselves and their posterity。 Their agrarian laws were such whereby their lands ought to have been divided among the people； either without mention of a colony； in which case they were not obliged to change their abode； or with mention and upon condition of a colony； in which case they were to change their abode； and leaving the city； to plant themselves upon the lands so assigned。 The lands assigned； or that ought to have been assigned； in either of these ways； were of three kinds： such as were taken from the enemy and distributed to the people； or such as were taken from the enemy； and； under color of being reserved to the public use； were through stealth possessed by the nobility； or such as were bought with the public money to be distributed。 Of the laws offered in these cases； those which divided the lands taken from the enemy； or purchased with the public money； never occasioned any dispute； but such as drove at dispossessing the nobility of their usurpations； and dividing the common purchase of the sword among the people； were never touched but they caused earthquakes； nor could they ever be obtained by the people； or being obtained； be observed by the nobility； who not only preserved their prey； but growing vastly rich upon it； bought the people by degrees quite out of those shares that had been conferred upon them。 This the Gracchi coming too late to perceive found the balance of the commonwealth to be lost； but putting the people （when they had least force） by forcible means upon the recovery of it； did ill； seeing it neither could nor did tend to any more than to show them by worse effects that what the wisdom of their leaders had discovered was true。 For quite contrary to what has happened in Oceana； where； the balance falling to the people； they have overthrown the nobility； that nobility of Rome； under the conduct of Sylla； overthrew the people and the commonwealth； seeing Sylla first introduced that new balance which was the foundation of the succeeding monarchy； in the plantation of military colonies； instituted by his distribution of the conquered lands； not now of enemies； but of citizens； to forty…seven legions of his soldiers； so that how he came to be perpetual dictator； or other magistrates to succeed him in like power； is no miracle。 These military colonies （in which manner succeeding emperors continued； as Augustus by the distribution of the veterans； whereby he had overcome Brutus and Cassius to plant their soldiery） consisted of such as I conceive were they that are called milites beneficiarii； in regard that the tenure of their lands was by way of benefices； that is； for life； and upon
