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case she had not divided at all, but kept the whole cake to herself, in regard that being to chuse too she divided accordingly. Wherefore, if the senate have any farther power than to divide, the commonwealth can never be equal. But in a commonwealth consisting of a single council, there is no other to choose than that which divided; whence it is that such a council fails not to scramble, that is, to be factious, 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 chuse. The wisdom of the few may be the light of mankind; but the interest of the few is not the profit of mankind, nor of a commonwealth. Wherefore, seeing we have granted interest to be reason, they must not chuse lest it put out their light. But as the council dividing consists of the wisdom of the commonwealth, so the assembly or council chusing should consist of the interest of the commonwealth; as the wisdom of the common wealth is in the aristocracy, so the interest of the commonwealth is in the whole body of the people. And whereas this, in case the commonwealth con sist of a whole nation, is too unwieldy a body to be assembled, this council is to consist of such a representative as may be equal, and so constituted as can never contract any other interest than that of the whole people; the manner whereof, being such

tural but a positive obligation to make use of as their guides, as where the people of Israel are com manded to take wise men, and understanding, and known among their tribes, to be made rulers over them. (Deut. i. 13.) The six then approved of, as in the present case, are the senate, not by hereditary right, in regard of the greatness of their estates only, (which would tend to such power as might force or draw the people) but by election for their excellent parts, 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, but counsellors of the people; and that which is proper to counsellors is first to debate, and afterward to give advice in the business whereupon they have debated; whence the decrees of the senate are never laws, nor so (senatus consulta) called: and these being maturely framed, it is their duty (ferre ad populum) to propose 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, being alike, are not the same; or it is separating and weighing this reason against that, and that reason against this; which is dividing.

The senate having then divided, who shall chuse? Ask the girls for if she that divided must have chosen also, it had been little worse for the other in

case she had not divided at all, but kept the whole cake to herself, in regard that being to chuse too she divided accordingly. Wherefore, if the senate have any farther power than to divide, the commonwealth can never be equal. But in a commonwealth consisting of a single council, there is no other to choose than that which divided; whence it is that such a council fails not to scramble, that is, to be factious, 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 chuse. The wisdom of the few may be the light of mankind; but the interest of the few is not the profit of mankind, nor of a commonwealth, Wherefore, seeing we have granted interest to be reason, they must not chuse lest it put out their light. But as the council dividing consists of the wisdom of the commonwealth, so the assembly or council chusing should consist of the interest of the commonwealth; as the wisdom of the common wealth is in the aristocracy, so the interest of the commonwealth is in the whole body of the people. And whereas this, in case the commonwealth con sist of a whole nation, is too unwieldy a body to be assembled, this council is to consist of such a representative as may be equal, and so constituted as can never contract any other interest than that of the whole people; the manner whereof, being such

as is best shewn by exemplification, I remit to the model. But in the present case, the six dividing, and the fourteen chusing, must of necessity take in the whole interest of the twenty.

Dividing and chusing, in the language of a commonwealth, is debating and resolving; and whatsoever upon debate of the senate is proposed to the people, and resolved by them, is enacted (authoritate patrum et jussu populi) by the authority of the fa thers, and by the power of the people, which concurring, make a law.

But the law being made, says Leviathan, is but words and paper, without the hands and swords of men ; wherefore as those two orders of a commonwealth, namely, the senate and the people, are legislative, so of necessity there must be a third to be executive of the laws made, and this is the magistracy; in which order, with the rest being up by art, the commonwealth consists of the senate proposing, the people resolving, and the magistracy executing: whereby par、 taking of the aristocracy, as in the senate; of the democracy, as in the people; and of monarchy, as in the magistracy, it is complete. Now there being no other commonwealth but this in art or nature, it is no wonder if Machiavel has shewed us that the an cients held this only to be good; but it seems strange to me that they should hold that there could be any other for if there be such a thing as pure mo

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Barchy, yet that there should be such a one as pure aristocracy, or pure democracy, is not in my understanding. But the magistracy, both in number and function, is different in different commonwealths. Nevertheless, there is one condition of it that must be the same in every one, ar it dissolves the commonwealth where it is wanting. And this is no less than that as the hand of the magistrate is the executive power of the law, so the head of the magistrate is answerable to the people, that his execution be ac cording to the law; by which Leviathan may see, that the hand or sword that executes the law is in it, and not above it.

Then after touching slightly on the several commonwealths of Israel, Athens, Lacedemon, Carthage, Rome, Venice, Switzerland, and Holland, our author proceeds;

But that we may observe a little farther how the heathen politicians have written, not only out of na ture, but as it were out of Scripture: As in the commonwealth of Israel, God is said to have been king; so the commonwealth where the law is king, is said by Aristotle to be the kingdom of God. And where by the lusts or passions of men a power is set above that of the law deriving from reason, which is the

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