What is an agrarian law, and why does a commonwealth need one?

1. WHAT HE SAID (the record)

Record ledger

• BELIEF (undated): James Harrington believes that a commonwealth needs an agrarian law because, where the people lack prudence to found their government upon one, they will be forced to adopt shifts like ostracism, which may or may not be considered a punishment. He argues that agrarian laws are necessary to prevent corruption and maintain stability in a commonwealth. "for the ostracism, though I hold it a foolish law, yet where the people have not prudence to found their government upon an agrarian, I shew'd you out of reason, Aristotle, and experience, that it is a shift they will be put to, whether a punishment, or not" [1]
• BELIEF (undated): James Harrington believed that equal distribution of land is essential to prevent a state of civil war and to establish a form of government, as unequal distribution leads to a predominant interest that causes absolute monarchy or regulated monarchy. His belief is grounded in the idea that government arises from the predominant interest, which is determined by land distribution. "Equal distribution of land, as if one man or a few men have one half of the territory, and the people have the other half, causes privation of government, and a state of civil war." [2]
• BELIEF (undated): James Harrington believed that an agrarian law is necessary for the commonwealth to prevent the public from eating out private fortunes and to maintain balance. He argued that agrarian laws are essential to ensure the stability and perpetuity of the commonwealth. "whence this year is famous for that law wherby the senat and the people forbidding any further purchase of lands to the public within the dominions of Oceana and the adjacent provinces, put the agrarian upon the commonwealth herself." [3]
• BELIEF (undated): An Agrarian law, according to James Harrington, is a perpetual law that establishes and preserves the balance of dominion by distributing land in such a way that no individual or small group can overpower the whole people through their land possessions. He believes it is necessary for a commonwealth to prevent the concentration of power and to maintain equality. [4]
• BELIEF (undated): James Harrington believed that agrarian laws are necessary for a commonwealth to preserve a popular balance by ensuring fair distribution of land and preventing corruption from imaginary interests. He argues that such laws allow future generations to judge them based on experience and without bias. "To this it may be objected, that agrarian laws, being once enacted, must have brought estates to the standard of the same, before posterity can com into a capacity to judg of them." [5]
• BELIEF (undated): James Harrington believed that agrarian laws are essential to preserving liberty in a commonwealth, as their absence or nonobservance leads to the ruin of the commonwealth. He argues that agrarian laws prevent the concentration of power and wealth by regulating land ownership and distribution. "To procede then to Rome, that the people there, by striving for an agrarian, strove to save their liberty, is apparent, in that thro the want of such a law, or the nonobservance of it, the commonwealth came plainly to ruin." [6]
• BELIEF (undated): An agrarian law is a law that fixes the balance in lands by dividing them, such as the division of the land of Canaan by God. A commonwealth needs such a law because it ensures stability and prevents government from altering except by consent, as seen in the example of the people of Israel. Without an agrarian law, government, whether monarchical, aristocratical, or popular, has no long lease. "This kind of law fixing the balance in lands is call'd Agrarian, and was first introduc'd by God himself, who divided the land of Canaan to his people by lots, and is of such virtue, that wherever it has held, that government has not alter'd, except by consent; as in that unparallel'd example of the people of Israel, when being in liberty they would needs chuse a king. But without an Agrarian, government, whether monarchical, aristocratical, or popular, has no long lease." [7]
• BELIEF (undated): An agrarian law, according to James Harrington, is a law that provides for the fixation of the balance of property. A commonwealth needs such a law to prevent accumulation of property, ensuring the standard of property remains moderate. This is necessary to maintain a balance in the number of property holders, which is crucial for a commonwealth, as it should not be in fewer than five thousand hands. "FIXATION of the balance of property is not to be provided for but by laws; and the laws, wherby such a provision is made, are commonly call'd Agrarian laws." [8]
• BELIEF (undated): James Harrington believed that an agrarian law is necessary to ensure the security of a commonwealth by distributing land in a way that prevents excessive concentration of property. He argues that such a law would provide the commonwealth with a strong militia and public advantage, as demonstrated by England's military superiority over France due to property distribution. (key quote above) [9]
• BELIEF (undated): James Harrington believed that a commonwealth needs an agrarian law to bring about equality by redistributing property so that the whole power resides in the people and the nobility only retain authority. He argues that without such a remedy, the commonwealth will remain unequal and face perpetual conflict. "as the Romans went about to do by an agrarian, it be brought to such an equality, that the whole power be in the people, and there remain no more than authority to the nobility" [10]

What cuts against it

• BELIEF (undated): James Harrington acknowledges that some argue an agrarian law is unnecessary, dangerous, and insufficient to prevent monarchy, citing examples like Venice and Rome. "First, That an agrarian is altogether unnecessary. Secondly, That it is dangerous to a commonwealth. Thirdly, That it is insufficient to keep out monarchy." [11]

• ACTION (undated): In the commonwealth of Oceana, the public was forbidden from further purchase of lands to prevent the balance of the commonwealth from being eaten out, suggesting that the agrarian law was applied to the commonwealth itself rather than private citizens. "whence this year is famous for that law wherby the senat and the people forbidding any further purchase of lands to the public within the dominions of Oceana and the adjacent provinces, put the agrarian upon the commonwealth herself." [3]

• STATED REASON (undated): James Harrington argues that agrarian laws are necessary to prevent the public from eating out private fortunes and to maintain balance, as stated in the law passed by the senat and the people. [3]

2. HOW IT APPLIES (reasoning; inference is marked)

1. James Harrington defines an agrarian law as a perpetual law that establishes and preserves the balance of dominion by distributing land in such a way that no individual or small group can overpower the whole people through their land possessions [4].

2. He argues that a commonwealth needs such a law to prevent the concentration of power and to maintain equality, as seen in the example of the division of the land of Canaan by God [7].

3. Agrarian laws are essential to preserving liberty in a commonwealth, as their absence or nonobservance leads to the ruin of the commonwealth, as demonstrated by the example of Rome [6].

4. The fixation of the balance of property is not to be provided for but by laws, and the laws whereby such a provision is made are commonly called Agrarian laws, which is necessary to maintain a balance in the number of property holders [8].

5. Agrarian laws are necessary to ensure the security of a commonwealth by distributing land in a way that prevents excessive concentration of property, as demonstrated by England's military superiority over France due to property distribution [9].

3. HIS TAKE

Record coverage: DIRECT

Extrapolation: James Harrington believed that an agrarian law is essential for a commonwealth to maintain balance and prevent the concentration of power. He argued that such laws are necessary to ensure the stability and perpetuity of the commonwealth by regulating land ownership and distribution.

Competing readings: One reading is that agrarian laws are necessary to prevent the concentration of power and maintain equality, as seen in the example of the division of the land of Canaan by God [7]. Another reading is that some argue an agrarian law is unnecessary, dangerous, and insufficient to prevent monarchy, citing examples like Venice and Rome [11].

Confidence: High, based on the direct statements and examples provided in the passages.