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!!!!隆堋響頼��紗秘慕禰厮宴和肝写偬堋響��
parts�察�the fourteen discover things that they never thought on�察�or are cleared in divers truths which had formerly perplexed them。 Wherefore�察�in matter of common concernment�察�difficulty�察�or danger�察�they hang upon their lips�察�as children upon their fathers�察�and the influence thus acquired by the six�察�the eminence of whose parts are found to be a stay and comfort to the fourteen�察�is the authority of the fathers。 Wherefore this can be no other than a natural aristocracy diffused by God throughout the whole body of mankind to this end and purpose�察�and therefore such as the people have not only a natural but a positive obligation to make use of as their guides�察�as where the people of Israel are commanded to ;take wise men�察�and understanding�察�and known among their tribes�察�to be made rulers over them。; The six then approved of�察�as in the present case�察�are the senate�察�not by hereditary right�察�or in regard of the greatness of their estates only�察�which would tend to such power as might force or draw the people�察�but by election for their excellent parts�察�which tends to the advancement of the influence of their virtue or authority that leads the people。 Wherefore the office of the senate is not to be commanders�察�but counsellors�察�of the people�察�and that which is proper to counsellors is first to debate�察�and afterward to give advice in the business whereupon they have debated�察�whence the decrees of the senate are never laws�察�nor so called�察�and these being maturely framed�察�it is their duty to propose in the case to the people。 Wherefore the senate is no more than the debate of the commonwealth。 But to debate is to discern or put a difference between things that�察�being alike�察�are not the same�察�or it is separating and weighing this reason against that�察�and that reason against this�察�which is dividing。 The senate then having divided�察�who shall choose�拭�Ask the girls�此�for if she that divided must have chosen also�察�it had been little worse for the other in case she had not divided at all�察�but kept the whole cake to herself�察�in regard that being to choose�察�too�察�she divided accordingly。 Wherefore if the senate have any further power than to divide�察�the commonwealth can never be equal。 But in a commonwealth consisting of a single council�察�there is no other to choose than that which divided�察�whence it is�察�that such a council fails not to scramble that is�察�to be factious�察�there being no other dividing of the cake in that case but among themselves。 Nor is there any remedy but to have another council to choose。 The wisdom of the few may be the light of mankind�察�but the interest of the few is not the profit of mankind nor of a commonwealth。 Wherefore�察�seeing we have granted interest to be reason�察�they must not choose lest it put out their light。 But as the council dividing consists of the wisdom of the commonwealth�察�so the assembly or council choosing should consist of the interest of the commonwealth�此�as the wisdom of the commonwealth is in the aristocracy�察�so the interest of the commonwealth is in the whole body of the people。 And whereas this�察�in case the commonwealth consist of a whole nation�察�is too unwieldy a body to be assembled�察�this council is to consist of such a representative as may be equal�察�and so constituted�察�as can never contract any other interest than that of the whole people�察�the manner whereof�察�being such as is best shown by exemplification�察�I remit to the model。 But in the present case�察�the six dividing�察�and the fourteen choosing�察�must of necessity take in the whole interest of the twenty。 Dividing and choosing�察�in the language of a commonwealth�察�is debating and resolving�察�and whatsoever�察�upon debate of the senate�察�is proposed to the people�察�and resolved by them�察�is enacted by the authority of the fathers�察�and by the power of the people�察�which concurring�察�make a law。 But the law being made�察�says Leviathan�察 �is but words and paper without the hands and swords of men�察─�wherefore as these two orders of a commonwealth�察�namely�察�the senate and the people�察�are legislative�察�so of necessity there must be a third to be executive of the laws made�察�and this is the magistracy。 In which order�察�with the rest being wrought up by art�察�the commonwealth consists of ;the senate proposing�察�the people resolving�察�and the magistracy executing�察─�whereby partaking of the aristocracy as in the senate�察�of the democracy as in the people�察�and of monarchy as in the magistracy�察�it is complete。 Now there being no other commonwealth but this in art or nature�察�it is no wonder if Machiavel has shown us that the ancients held this only to be good�察�but it seems strange to me that they should hold that there could be any other�察�for if there be such a thing as pure monarchy�察�yet that there should be such a one as pure aristocracy or pure democracy is not in my understanding。 But the magistracy�察�both in number and function�察�is different in different commonwealths。 Nevertheless there is one condition of it that must be the same in every one�察�or it dissolves the commonwealth where it is wanting。 And this is no less than that�察�as the hand of the magistrate is the executive power of the law�察�so the head of the magistrate is answerable to the people�察�that his execution be according to the law�察�by which Leviathan may see that the hand or sword that executes the law is in it and not above it。 Now whether I have rightly transcribed these principles of a commonwealth out of nature�察�I shall appeal to God and to the world to God in the fabric of the Commonwealth of Israel�察�and to the world in the universal series of ancient prudence。 But in regard the same commonwealths will be opened at large in the Council of legislators�察�I shall touch them for the present but slightly�察�beginning with that of Israel。 The Commonwealth of Israel consisted of the Senate�察�the people�察�and the magistracy。 The people by their first division�察�which was genealogical�察�were contained under their thirteen tribes�察�houses�察�or families�察�whereof the first´born in each was prince of his tribe�察�and had the leading of it�此�the tribe of Levi only�察�being set apart to serve at the altar�察�had no other prince but the high´priest。 In their second division they were divided locally by their agrarian�察�or the distribution of the land of Canaan to them by lot�察�the tithe of all remaining to Levi�察�whence�察�according to their local division�察�the tribes are reckoned but twelve。 The assemblies of the people thus divided were methodically gathered by trumpets to the congregation�此�which was�察�it should seem�察�of two sorts。 For if it were called with one trumpet only�察�the princes of the tribes and the elders only assembled�察�but if it were called with two�察�the whole people gathered themselves to the congregation�察�for so it is rendered by the English�察�but in the Greek it is called Ecclesia�察�or the Church of God�察�and by the Talmudist the great ;Synagogue。; The word Ecclesia was also anciently and properly used for the civil congregations�察�or assemblies of the people in Athens�察�Lacedaemon�察�and Ephesus�察�where it is so called in Scripture�察�though it be otherwise rendered by the translators�察�not much as I conceive to their commendation�察�seeing by that means they have lost us a good lesson�察�the apostles borrowing that name for their spiritual congregations�察�to the end that we might see they intended the government of the church to be democratical or popular�察�as is also plain in the rest of their constitutions。 The church or congregation of the people of Israel assembled in a military manner�察�and had the result of the commonwealth�察�or the power of confirming all their laws�察�though proposed even by God himself�察�as where they make him king�察�and where they reject or depose him as civil magistrate�察�and elect Saul。 It is manifest that he gives no such example to a legislator in a popular government as to deny or evade the power of the people�察�which were a contradiction�察�but though he deservedly blames the ingratitude of the people in that action�察�he commands Samuel�察�being next under himself supreme magistrate�察 �to hearken to their voice; ��for where the suffrage of the people goes for nothing�察�it is no commonwealth���察�and comforts him�察�saying�察 �They have not rejected thee�察�but they have rejected me that I should not reign over them。; But to reject him that he should not reign over them�察�was as civil magistrate to depose him。 The power therefore which the people had to depose even God himself as he was civil magistrate�察�leaves little doubt but that they had power to have rejected any of those laws confirmed by them throughout the Scripture�察�which�察�to omit the several parcels�察�are generally contained under two heads�此�those that were made by covenant with the people in the land of Moab�察�and those which were made by covenant with the people in Horeb�察�which two�察�I think�察�amount to the whole body of the Israelitish laws。 But if all and every one of the laws of Israel being proposed by God�察�were no otherwise enacted than by covenant with the people�察�then that only which was resolved by the people of Israel was their law�察�and so the result of that commonwealth was in the people。 Nor had the people the result only in matter of law�察�but the power in some cases of judicature�察�as also the right of levying war�察�cognizance in matter of religion�察�and the election of their magistrates�察�as the judge or dictator�察�the king�察�the prince�此�which functions were exercised by the Synagoga magna�察�or Congregation of Israel�察�not always in one manner�察�for sometimes they were performed by the suffrage of the people�察�viva voce�察�sometimes by the lot only�察�and at others by the ballot�察�or by a mixture of the lot with the suffrage�察�as in the case of Eldad and Medad�察�which I shall open with the Senate。 The Senate of Israel�察�called in the old Testament the Seventy Elders�察�and in the New the Sanhedrim ��which word is usually translated ;the Council;���察�was appointed by God�察�and consisted of seventy elders besides Moses�察�which were at first elected by the people�察�but in what manner is rather intimated than shown。 Nevertheless�察�because I cannot otherwise understand the passage concerning Eldad and Medad�察�of whom it is said ;that they were of them that were written�察�but went not up to the tabernacle�察─�then with the Talmudists I conceive that Eldad and Medad had the suffrage of the tribes�察�and so were written as competitors for magistracy�察�but coming afterward to the lot�察�failed of it�察�and therefore went not up to the tabernacle�察�or place of confirmation by God�察�or to the session´house of the Senate�察�with the Seventy upon whom the lot fell to be senators�察�for the session´house of the Sanhedrim was first in the court of the tabernacle�察�and afterward in that of the Temple�察�where it came to be called the stone chamber or pavement。 If this were the ballot of Israel�察�that of Venice is the same transposed�察�for in Venice the competitor is chosen as it were by the lot�察�in regard that the electors are so made�察�and the magistrate is chosen by the ;suffrage of the great Council or assembly of the people。; But the Sanhedrim of Israel being thus constituted�察�Moses�察�for his time�察�and after him his successor sat in the midst of it as prince or archon�察�and at his left hand the orator or father of the Senate�察�the rest�察�or the bench�察�coming round with either horn like a crescent�察�had a scribe