the commonwealth of oceana-第9章
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a noble family; nor will it be any occasion of scruple in this case; that Leviathan affirms the politics to be no ancienter than his book 〃De Cive。〃 Such also as have got any fame in the civil government of a commonwealth; or by the leading of its armies; have been gentlemen; for so in all other respects were those plebeian magistrates elected by the people of Rome; being of known descents and of equal virtues; except only that they were excluded from the name by the usurpation of the patricians。 Holland; through this defect at home; has borrowed princes for generals; and gentlemen of divers nations for commanders: and the Switzers; if they have any defect in this kind; rather lend their people to the colors of other princes; than make that noble use of them at home which should assert the liberty of mankind。 For where there is not a nobility to hearten the people; they are slothful; regardless of the world; and of the public interest of liberty; as even those of Rome had been without their gentry: wherefore let the people embrace the gentry in peace; as the light of their eyes; and in war; as the trophy of their arms; and if Cornelia disdained to be Queen of Egypt; if a Roman consul looked down from his tribunal upon the greatest king; let the nobility love and cherish the people that afford them a throne so much higher in a commonwealth; in the acknowledgment of their virtue; than the crowns of monarchs。 But if the equality of a commonwealth consist in the equality first of the agrarian; and next of the rotation; then the inequality of a commonwealth must consist in the absence or inequality of the agrarian; or of the rotation; or of both。 Israel and Lacedaemon; which commonwealths (as the people of this; in Josephus; claims kindred of that) have great resemblance; were each of them equal in their agrarian; and unequal in their rotation; especially Israel; where the Sanhedrim; or Senate; first elected by the people; as appears by the words of Moses; took upon them ever after; without any precept of God; to substitute their successors by ordination; which having been there of civil use; as excommunication; community of goods; and other customs of the Essenes; who were many of them converted; came afterward to be introduced into the Christian Church。 And the election of the judge; suffes; or dictator; was irregular; both for the occasion; the term; and the vacation of that magistracy。 As you find in the book of Judges; where it is often repeated; that in those days there was no king in Israel that is; no judge; and in the first of Samuel; where Eli judged Israel forty years; and Samuel; all his life。 In Lacedaemon the election of the Senate being by suffrage of the people; though for life; was not altogether so unequal; yet the hereditary right of kings; were it not for the agrarian; had ruined her。 Athens and Rome were unequal as to their agrarian; that of Athens being infirm; and this of Rome none at all; for if it were more anciently carried it was never observed。 Whence; by the time of Tiberius Gracchus; the nobility had almost eaten the people quite out of their lands; which they held in the occupation of tenants and servants; whereupon the remedy being too late; and too vehemently applied; that commonwealth was ruined。 These also were unequal in their rotation; but in a contrary manner。 Athens; in regard that the Senate (chosen at once by lot; not by suffrage; and changed every year; not in part; but in the whole) consisted not of the natural aristocracy; nor sitting long enough to understand or to be perfect in their office; had no sufficient authority to restrain the people from that perpetual turbulence in the end; which was their ruin; notwithstanding the efforts of Nicias; who did all a man could do to help it。 But as Athens; by the headiness of the people; so Rome fell by the ambition of the nobility; through the want of an equal rotation; which; if the people had got into the Senate; and timely into the magistracies (whereof the former was always usurped by the patricians; and the latter for the most part) they had both carried and held their agrarian; and that had rendered that commonwealth immovable。 But let a commonwealth be equal or unequal; it must consist; as has been shown by reason and all experience; of the three general orders; that is to say; of the Senate debating and proposing; of the people resolving; and of the magistracy executing。 Wherefore I can never wonder enough at Leviathan; who; without any reason or example; will have it that a commonwealth consists of a single person; or of a single assembly; nor can I sufficiently pity those 〃thousand gentlemen; whose minds; which otherwise would have wavered; he has framed (as is affirmed by himself) in to a conscientious obedience (for so he is pleased to call it) of such a government。〃 But to finish this part of the discourse; which I intend for as complete an epitome of ancient prudence; and in that of the whole art of politics; as I am able to frame in so short a time: The two first orders; that is to say; the Senate and the people; are legislative; whereunto answers that part of this science which by politicians is entitled 〃of laws;〃 and the third order is executive; to which answers that part of the same science which is styled 〃of the frame and course of courts or judicatories。〃 A word to each of these will be necessary。 And first for laws: they are either ecclesiastical or civil; such as concern religion or government。 Laws; ecclesiastical; or such as concern religion; according to the universal course of ancient prudence; are in the power of the magistrate; but; according to the common practice of modern prudence; since the papacy; torn out of his hands。 But; as a government pretending to liberty; and yet suppressing liberty of conscience (which; because religion not according to a man's conscience can to him be none at all; is the main) must be a contradiction; so a man that; pleading for the liberty of private conscience; refuses liberty to the national conscience; must be absurd。 A commonwealth is nothing else but the national conscience。 And if the conviction of a man's private conscience produces his private religion; the conviction of the national conscience must produce a national religion。 Whether this be well reasoned; as also whether these two may stand together; will best be shown by the examples of the ancient commonwealths taken in their order。 In that of Israel the government of the national religion appertained not to the priests and Levites; otherwise than as they happened to be of the Sanhedrim; or Senate; to which they had no right at all but by election。 It is in this capacity therefore that the people are commanded; under pain of death; 〃to hearken to them; and to do according to the sentence of the law which they should teach;〃 but in Israel the law ecclesiastical and civil was the same; therefore the Sanhedrim; having the power of one; had the power of both。 But as the national religion appertained to the jurisdiction of the Sanhedrim; so the liberty of conscience appertained; from the same date; and by the same right; to the prophets and their disciples; as where it is said; 〃I will raise up a prophet; and whoever will not hearken to my words which he shall speak in my name; I will require it of him。〃 The words relate to prophetic right; which was above all the orders of this commonwealth; whence Elijah not only refused to obey the King; but destroyed his messengers with fire。 And whereas it was not lawful by the national religion to sacrifice in any other place than the Temple; a prophet was his own temple; and might sacrifice where he would; as Elijah did in Mount Carmel。 By this right John the Baptist and our Saviour; to whom it more particularly related; had their disciples; and taught the people; whence is derived our present right of gathered congregations; wherefore the Christian religion grew up according to the orders of the Commonwealth of Israel; and not against them。 Nor was liberty of conscience infringed by this government; till the civil liberty of the same was lost; as under Herod; Pilate; and Tiberius; a three…piled tyranny。 To proceed; Athens preserved her rel