the commonwealth of oceana-及1嫗
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!!!!隆堋響頼��紗秘慕禰厮宴和肝写偬堋響��
The Commonwealth of Oceana
by James Harrington
1656
JANOTTI�察�the most excellent describer of the Commonwealth of Venice�察�divides the whole series of government into two times or periods�此�the one ending with the liberty of Rome�察�which was the course or empire�察�as I may call it�察�of ancient prudence�察�first discovered to mankind by God himself in the fabric of the commonwealth of Israel�察�and afterward picked out of his footsteps in nature�察�and unanimously followed by the Greeks and Romans�察�the other beginning with the arms of Caesar�察�which�察�extinguishing liberty�察�were the transition of ancient into modern prudence�察�introduced by those inundations of Huns�察�Goths�察�Vandals�察�Lombards�察�Saxons�察�which�察�breaking the Roman Empire�察�deformed the whole face of the world with those ill´features of government�察�which at this time are become far worse in these western parts�察�except Venice�察�which�察�escaping the hands of the barbarians by virtue of its impregnable situation�察�has had its eye fixed upon ancient prudence�察�and is attained to a perfection even beyond the copy。 Relation being had to these two times�察�government ��to define it de jure�察�or according to ancient prudence�� is an art whereby a civil society of men is instituted and preserved upon the foundation of common right or interest�察�or�察�to follow Aristotle and Livy�察�it is the empire of laws�察�and not of men。 And government ��to define it de facto�察�or according to modern prudence�� is an art whereby some man�察�or some few men�察�subject a city or a nation�察�and rule it according to his or their private interest�察�which�察�because the laws in such cases are made according to the interest of a man�察�or of some few families�察�may be said to be the empire of men�察�and not of laws。 The former kind is that which Machiavel ��whose books are neglected�� is the only politician that has gone about to retrieve�察�and that Leviathan ��who would have his book imposed upon the universities�� goes about to destroy。 For ;it is�察─�says he�察 �another error of Aristotle's politics that in a well´ordered commonwealth�察�not men should govern�察�but the laws。 What man that has his natural senses�察�though he can neither write nor read�察�does not find himself governed by them he fears�察�and believes can kill or hurt him when he obeys not�拭�or�察�who believes that the law can hurt him�察�which is but words and paper�察�without the hands and swords of men�拭─�I confess that the magistrate upon his bench is that to the law which a gunner upon his platform is to his cannon。 Nevertheless�察�I should not dare to argue with a man of any ingenuity after this manner。 A whole army�察�though they can neither write nor read�察�are not afraid of a platform�察�which they know is but earth or stone�察�nor of a cannon�察�which�察�without a hand to give fire to it�察�is but cold iron�察�therefore a whole army is afraid of one man。 But of this kind is the ratiocination of Leviathan�察�as I shall show in divers places that come in my way�察�throughout his whole politics�察�or worse�察�as where he says�察 �of Aristotle and of Cicero�察�of the Greeks�察�and of the Romans�察�who lived under popular States�察�that they derived those rights�察�not from the principles of nature�察�but transcribed them into their books out of the practice of their own commonwealths�察�as grammarians describe the rules of language out of poets。; Which is as if a man should tell famous Harvey that he transcribed his circulation of the blood�察�not out of the principles of nature�察�but out of the anatomy of this or that body。 To go on therefore with his preliminary discourse�察�I shall divide it�察�according to the two definitions of government relating to Janotti's two times�察�in two parts�此�the first�察�treating of the principles of government in general�察�and according to the ancients�察�the second�察�treating of the late governments of Oceana in particular�察�and in that of modern prudence。 Government�察�according to the ancients�察�and their learned disciple Machiavel�察�the only politician of later ages�察�is of three kinds�此�the government of one man�察�or of the better sort�察�or of the whole people�察�which�察�by their more learned names�察�are called monarchy�察�aristocracy�察�and democracy。 These they hold�察�through their proneness to degenerate�察�to be all evil。 For whereas they that govern should govern according to reason�察�if they govern according to passion they do that which they should not do。 Wherefore�察�as reason and passion are two things�察�so government by reason is one thing�察�and the corruption of government by passion is another thing�察�but not always another government�此�as a body that is alive is one thing�察�and a body that is dead is another thing�察�but not always another creature�察�though the corruption of one comes at length to be the generation of another。 The corruption then of monarchy is called tyranny�察�that of aristocracy�察�oligarchy and that of democracy�察�anarchy。 But legislators�察�having found these three governments at the best to be naught�察�have invented another�察�consisting of a mixture of them all�察�which only is good。 This is the doctrine of the ancients。 But Leviathan is positive that they are all deceived�察�and that there is no other government in nature than one of the three�察�as also that the flesh of them cannot stink�察�the names of their corruptions being but the names of men's fancies�察�which will be understood when we are shown which of them was Senatus Populusque Romanus。 To go my own way�察�and yet to follow the ancients�察�the principles of government are twofold�此�internal�察�or the goods of the mind�察�and external�察�or the goods of fortune。 The goods of the mind are natural or acquired virtues�察�as wisdom�察�prudence�察�and courage�察�etc。 The goods of fortune are riches。 There be goods also of the body�察�as health�察�beauty�察�strength�察�but these are not to be brought into account upon this score�察�because if a man or an army acquires victory or empire�察�it is more from their discipline�察�arms�察�and courage than from their natural health�察�beauty�察�or strength�察�in regard that a people conquered may have more of natural strength�察�beauty�察�and health�察�and yet find little remedy。 The principles of government then are in the goods of the mind�察�or in the goods of fortune。 To the goods of the mind answers authority�察�to the goods of fortune�察�power or empire。 Wherefore Leviathan�察�though he be right where he says that ;riches are power�察─�is mistaken where he says that ;prudence�察�or the reputation of prudence�察�is power�察─�for the learning or prudence of a man is no more power than the learning or prudence of a book or author�察�which is properly authority。 A learned writer may have authority though he has no power�察�and a foolish magistrate may have power�察�though he has otherwise no esteem or authority。 The difference of these two is observed by Livy in Evander�察�of whom he says that he governed rather by the authority of others than by his own power。 To begin with riches�察�in regard that men are hung upon these�察�not of choice as upon the other�察�but of necessity and by the teeth�察�forasmuch as he who wants bread is his servant that will feed him�察�if a man thus feeds a whole people�察�they are under his empire。 Empire is of two kinds�察�domestic and national�察�or foreign and provincial。 Domestic empire is founded upon dominion。 Dominion is property�察�real or personal�察�that is to say�察�in lands�察�or in money and goods。 Lands�察�or the parts and parcels of a territory�察�are held by the proprietor or proprietors�察�lord or lords of it�察�in some proportion�察�and such ��except it be in a city that has little or no land�察�and whose revenue is in trade�� as is the proportion or balance of dominion or property in land�察�such is the nature of the empire。 If one man be sole landlord of a territory�察�or overbalance the people�察�for example�察�three parts in four�察�he is grand seignior�察�for so the Turk is called from his property�察�and his empire is absolute monarchy。 If the few or a nobility�察�or a nobility with the clergy�察�be landlords�察�or overbalance the people to the like proportion�察�it makes the Gothic balance ��to be shown at large in the second part of this discourse���察�and the empire is mixed monarchy�察�as that of Spain�察�Poland�察�and late of Oceana。 And if the whole people be landlords�察�or hold the lands so divided among them that no one man�察�or number of men�察�within the compass of the few or aristocracy�察�overbalance them�察�the empire ��without the interposition of force�� is a commonwealth。 If force be interposed in any of these three cases�察�it must either frame the government to the foundation�察�or the foundation to the government�察�or holding the government not according to the balance�察�it is not natural�察�but violent�察�and therefore if it be at the devotion of a prince�察�it is tyranny�察�if at the devotion of the few�察�oligarchy�察�or if in the power of the people�察�anarchy�此�Each of which confusions�察�the balance standing otherwise�察�is but of short continuance�察�because against the nature of the balance�察�which�察�not destroyed�察�destroys that which opposes it。 But there be certain other confusions�察�which�察�being rooted in the balance�察�are of longer continuance�察�and of worse consequence�察�as�察�first�察�where a nobility holds half the property�察�or about that proportion�察�and the people the other half�察�in which case�察�without altering the balance there is no remedy but the one must eat out the other�察�as the people did the nobility in Athens�察�and the nobility the people in Rome。 Secondly�察�when a prince holds about half the dominion�察�and the people the other half ��which was the case of the Roman emperors�察�planted partly upon their military colonies and partly upon the Senate and the people���察�the government becomes a very shambles�察�both of the princes and the people。 Somewhat of this nature are certain governments at this day�察�which are said to subsist by confusion。 In this case�察�to fix the balance is to entail misery�察�but in the three former�察�not to fix it is to lose the government。 Wherefore it being unlawful in Turkey that any should possess land but the Grand Seignior�察�the balance is fixed by the law�察�and that empire firm。 Nor�察�though the kings often sell was the throne of Oceana known to shake�察�until the statute of alienations broke the pillars�察�by giving way to the nobility to sell their estates。 While Lacedaemon held to the division of land made by Lycurgus�察�it was immovable�察�but�察�breaking that�察�could stand no longer。 This kind of law fixing the balance in lands is called agrarian�察�and was first introduced by God himself�察�who divided the land of Canaan to his people by lots�察�and is of such virtue that wherever it has held�察�that government has not altered�察�except by consent�察�as in that unparalleled example of the people of Israel�察�when being in liberty they would needs choose a king。 But without an agrarian law�察�government�察�whether monarchical�察�aristocratical�察�or popular�察�has no long lease。 As for dominion�察�personal or in money�察�it may now and then stir up a Melius or a Manlius�察�which�察�if the Commonwealth be not provided with some kind of dictatorian power�察�may be dangerous�察�though it has been seldom or never successful�察�because to property producing empire�察�it is required that it should have some certain root or foothold�察�which�察�except in land�察�it cannot have�察�being otherwise as it were upon the wing。 Nevertheless�察�in such cities as subsist mostly by trade�察�and have