Secondly, that they were qualified to the same by election in their boroughs, and if knights of the shire, as no doubt they are, be as ancient in the counties. Thirdly if it be a good argument to say that the commons during the reign of the Teutons were elected into Parliament because they are so now, and no man can show when this custom began, I see not which way it should be an ill one to say that the commons during the reign of the Teutons constituted also a distinct house because they do so now, unless any man can show that they did ever sit in the same house with the lords. Wherefore to conclude this part, I conceive for these, and other reasons to be mentioned hereafter, that the Parliament of the Teutons consisted of the King, the lords spiritual and temporal, and the commons of the nation, notwithstanding the style of divers acts of Parliament, which runs, as that of Magna Charta, in the King’s name only, seeing the same was nevertheless enacted by the King, peers, and commons of the land, as is testified in those words by a subsequent act.
The monarchy of the Teutons had stood in this posture about 220 years; when Turbo, Duke of Neustria, making his claim to the crown of one of their kings that died childless, followed it with successful arms, and, being possessed of the kingdom, used it as conquered, distributing the earldoms, thane-lands, bishoprics, and prelacies of the whole realm among his Neustrians. From this time the earl came to be called comes, consul, and dux, though consul and dux grew afterward out of use; the King’s thanes came to be called barons, and their lands baronies; the middle thane holding still of a mesne lord, retained the name of vavasor.
The earl or comes continued to have the third part of the pleas of the county paid to him by the sheriff or vice — comes, now a distinct officer in every county depending upon the King; saving that such earls as had their counties to their own use were now counts-palatine, and had under the King regal jurisdiction; insomuch that they constituted their own sheriffs, granted pardons, and issued writs in their own names; nor did the King’s writ of ordinary justice run in their dominions till a late statute, whereby much of this privilege was taken away.
For barons they came from henceforth to be in different times of three kinds: barons by their estates and tenures, barons by writ, and barons created by letters-patent. From Turbo the first to Adoxus the seventh king from the Conquest, barons had their denomination from their possessions and tenures. And these were either spiritual or temporal; for not only the thanelands, but the possessions of bishops, as also of some twenty six abbots, and two priors, were now erected into baronies, whence the lords spiritual that had suffrage in the Teuton Parliament as spiritual lords came to have it in the Neustrian Parliament as barons, and were made subject, which they had not formerly been, to knights’ service in chief. Barony coming henceforth to signify all honorary possessions as well of earls as barons, and baronage to denote all kinds of lords as well spiritual as temporal having right to sit in Parliament, the baronies in this sense were sometimes more, and sometimes fewer, but commonly about 200 or 250, containing in them a matter of 60,000 feuda militum, or knights’ fees, whereof some 28,000 were in the clergy.
It is ill-luck that no man can tell what the land of a knight’s fee, reckoned in some writs at 40 a year, and in others at 10, was certainly worth, for by such a help we might have exactly demonstrated the balance of this government. But, says Coke, it contained twelve plough-lands, and that was thought to be the most certain account. But this again is extremely uncertain; for one plough out of some land that was fruitful might work more than ten out of some other that was barren. Nevertheless, seeing it appears by Bracton, that of earldoms and baronies it was wont to be said that the whole kingdom was composed, as also that these, consisting of 60,000 knights’ fees, furnished 60,000 men for the King’s service, being the whole militia of this monarchy, it cannot be imagined that the vavasories or freeholds in the people amounted to any considerable proportion. Wherefore the balance and foundation of this government were in the 60,000 knights’ fees, and these being possessed by the 250 lords, it was a government of the few, or of the nobility, wherein the people might also assemble, but could have no more than a mere name. And the clergy, holding a third of the whole nation, as is plain by the Parliament-roll, it is an absurdity (seeing the clergy of France came first through their riches to be a state of that kingdom) to acknowledge the people to have been a state of this realm, and not to allow it to the clergy, who were so much more weighty in the balance, which is that of all other whence a state or order in a government is denominated. Wherefore this monarchy consisted of the King, and of the three ordines regni, or estates, the lords spiritual and temporal, and the commons; it consisted of these, I say, as to the balance, though, during the reign of some of these kings, not as to the administration.
For the ambition of Turbo, and some of those that more immediately succeeded him, to be absolute princes, strove against the nature of their foundation, and, inasmuch as he had divided almost the whole realm among his Neustrians, with some encouragement for a while. But the Neustrians, while they were but foreign plants, having no security against the natives, but in growing up by their princes’ sides, were no sooner well rooted in their vast dominions than they came up according to the infallible consequence of the balance domestic, and, contracting the national interest of the baronage, grew as fierce in the vindication of the ancient rights and liberties of the same, as if they had been always natives: whence, the kings being as obstinate on the one side for their absolute power, as these on the other for their immunities, grew certain wars, which took their denomination from the barons.
This fire about the middle of the reign of Adoxus began to break out. And whereas the predecessors of this King had divers times been forced to summon councils resembling those of the Teutons, to which the lords only that were barons by dominion and tenure had hitherto repaired, Adoxus, seeing the effects of such dominion, began first not to call such as were barons by writ (for that was according to the practice of ancient times), but to call such by writs as were otherwise no barons; by which means, striving to avoid the consequence of the balance, in coming unwillingly to set the government straight, he was the first that set it awry. For the barons in his reign, and his successors, having vindicated their ancient authority, restored the Parliament with all the rights and privileges of the same, saving that from thenceforth the kings had found out a way whereby to help themselves against the mighty by creatures of their own, and such as had no other support but by their favor.. By which means this government, being indeed the masterpiece of modern prudence, has been cried up to the skies, as the only invention whereby at once to maintain the sovereignty of a prince and the liberty of the people. Whereas, indeed, it has been no other than a wrestling-match, wherein the nobility, as they have been stronger, have thrown the King, or the King, if he has been stronger, has thrown the nobility; or the King, where he has had a nobility, and could bring them to his party has thrown the people, as in France and Spain; or the people, where they have had no nobility, or could get them to be of their party, have thrown the King, as in Holland, and of later times in Oceana.
But they came not to this strength, but by such approaches and degrees as remain to be further opened. For whereas the barons by writ, as the sixty-four abbots and thirty-six priors that were so called, were but pro temp ore, Dicotome, being the twelfth king from the Conquest, began to make barons by letters-patent, with the addition of honorary pensions for the maintenance of their dignities to them and their heirs; so that they were hands in the King’s purse and had no shoulders for his throne. Of these, when the house of peers came once to be full, as will be seen hereafter, there was nothing more empty. But for the present, the throne having other supports, they did not hurt that so much as they did the King; for the old barons, taking Dicotome’s prodigality to such creatures so ill that they deposed him, got the trick of it, and never gave over setting up and pulling down their kings according to their various interests, and that faction of the White and Red, into which they have been thenceforth divided, till Panurgus, the eighteenth king from the Conquest, was more by their favor than his right advanced to the crown. This King, through his natural subtlety, reflecting at once upon the greatness of their power, and the inconstancy of their favor, began to find another flaw in this kind of government, which is also noted by Machiavel namely, that a throne supported by a nobility is not so hard to be ascended as kept warm. Wherefore his secret jealousy, lest the dissension of the nobility, as it brought him in might throw him out, made him travel in ways undiscovered by them, to ends as little foreseen by himself, while to establish his own safety, he, by mixing water with their wine, first began to open those sluices that have since overwhelmed not the King only, but the throne. For whereas a nobility strikes not at the throne, without which they cannot subsist, but at some king that they do not like, popular power strikes through the King at the throne, as that which is incompatible with it. Now that Panurgus, in abating the power of the nobility, was the cause whence it came to fall into the hands of the people, appears by those several statutes that were made in his reign, as that for population, those against retainers, and that for alienations.
By the statute of population, all houses of husbandry that were used with twenty acres of ground and upward, were to be maintained and kept up forever with a competent proportion of land laid to them, and in no wise, as appears by a subsequent statute, to be severed. By which means the houses being kept up, did of necessity enforce dwellers; and the proportion of land to be tilled being kept up, did of necessity enforce the dweller not to be a beggar or cottager, but a man of some substance, that might keep hinds and servants and set the plough a-going. This did mightily concern, says the historian of that prince, the might and manhood of the kingdom, and in effect amortize a great part of the lands to the hold and possession of the yeomanry or middle people, who living not in a servile or indigent fashion, were much unlinked from dependence upon their lords, and living in a free and plentiful manner, became a more excellent infantry, but such a one upon which the lords had so little power, that from henceforth they may be computed to have been disarmed.
And as they had lost their infantry after this manner, so their cavalry and commanders were cut off by the statute of retainers; for whereas it was the custom of the nobility to have younger brothers of good houses, mettled fellows, and such as were knowing in the feats of arms about them, they who were longer followed with so dangerous a train, escaped not such punishments as made them take up.
Henceforth the country lives and great tables of the nobility, which no longer nourished veins that would bleed for them, were fruitless and loathsome till they changed the air, and of princes became courtiers; where their revenues, never to have been exhausted by beef and mutton, were found narrow, whence followed racking of rents, and at length sale of lands, the riddance through the statute of alienations being rendered far more quick and facile than formerly it had been through the new invention of entails.
To this it happened that Coraunus, the successor of that King, dissolving the abbeys, brought, with the declining state of the nobility, so vast a prey to the industry of the people, that the balance of the commonwealth was too apparently in the popular party to be unseen by the wise Council of Queen Parthenia, who, converting her reign through the perpetual love tricks that passed between her and her people into a kind of romance, wholly neglected the nobility. And by these degrees came the House of Commons to raise that head, which since has been so high and formidable to their princes that they have looked pale upon those assemblies. Nor was there anything now wanting to the destruction of the throne, but that the people, not apt to see their own strength, should be put to feel it; when a prince, as stiff in disputes as the nerve of monarchy was grown slack, received that unhappy encouragement from his clergy which became his utter ruin, while trusting more to their logic than the rough philosophy of his Parliament, it came to an irreparable breach; for the house of peers, which alone had stood in this gap, now sinking down between the King and the commons, showed that Crassus was dead and the isthmus broken. But a monarchy, divested of its nobility, has no refuge under heaven but an army. Wherefore the dissolution of this government caused the war, not the war the dissolution of this government.
Of the King’s success with his arms it is not necessary to give any further account than that they proved as ineffectual as his nobility; but without a nobility or an army (as has been shown) there can be no monarchy. Wherefore what is there in nature that can arise out of these ashes but a popular government, or a new monarchy to be erected by the victorious army?
To erect a monarchy, be it never so new, unless like Leviathan you can hang it, as the country-fellow speaks, by geometry (for what else is it to say, that every other man must give up his will to the will of this one man without any other foundation?), it must stand upon old principles — that is, upon a nobility or an army planted on a due balance of dominion. Aut viam inveniam aut faciam, was an adage of Caesar, and there is no standing for a monarchy unless it finds this balance, or makes it. If it finds it, the work is done to its hand; for, where there is inequality of estates, there must be inequality of power; and where there is inequality of power, there can be no commonwealth. To make it, the sword must extirpate out of dominion all other roots of power, and plant an army upon that ground. An army may be planted nationally or provincially. To plant it nationally, it must be in one of the four ways mentioned, that is, either monarchically in part, as the Roman beneficiarii; or monarchically, in the whole, as the Turkish Timariots; aristocratically that is, by earls and barons, as the Neustrians were planted by Turbo; or democratically, that is, by equal lots, as the Israelitish army in the land of Canaan by Joshua. In every one of these ways there must not only be confiscations, but confiscations to such a proportion as may answer to the work intended.
Confiscation of a people that never fought against you, but whose arms you have borne, and in which you have been victorious, and this upon premeditation and in cold blood, I should have thought to be against any example in human nature, but for those alleged by Machiavel of Agathocles, and Oliveretto di Fermo, the former whereof being captain-general of the Syracusans, upon a day assembled the Senate and the people, as if he had something to communicate with them, when at a sign given he cut the senators in pieces to a man, and all the richest of the people, by which means he came to be king. The proceedings of Oliveretto, in making himself Prince of Fermo, were somewhat different in circumstances, but of the same nature. Nevertheless Catiline, who had a spirit equal to any of these in his intended mischief, could never bring the like to pass in Rome. The head of a small commonwealth, such a one as was that of Syracuse or Fermo, is easily brought to the block; but that a populous nation, such as Rome, had not such a one, was the grief of Nero. If Sylvia or Caesar attained to be princes, it was by civil war, and such civil war as yielded rich spoils, there being a vast nobility to be confiscated; which also was the case in Oceana, when it yielded earth by earldoms, and baronies to the Neustrian for the plantation of his new potentates. Where a conqueror finds the riches of a land in the hands of the few, the forfeitures are easy, and amount to vast advantage; but where the people have equal shares, the confiscation of many comes to little, and is not only dangerous but fruitless.
The Romans, in one of their defeats of the Volsci, found among the captives certain Tusculans, who, upon examination, confessed that the arms they bore were by command of their State; whereupon information being given to the Senate by the general Camillus, he was forthwith commanded to march against Tusculum which doing accordingly, he found the Tusculan fields full of husbandmen, that stirred not otherwise from the plough than to furnish his army with all kinds of accommodations and victuals. Drawing near to the city, he saw the gates wide open, the magistrates coming out in their gowns to salute and bid him welcome; entering, the shops were all at work, and open, the streets sounded with the noise of schoolboys at their books; there was no face of war. Whereupon Camillus, causing the Senate to assemble, told them, that though the art was understood, yet had they at length found out the true arms whereby the Romans were most undoubtedly to be conquered, for which cause he would not anticipate the Senate, to which he desired them forthwith to send, which they did accordingly; and their dictator with the rest of their ambassadors being found by the Roman senators as they went into the house standing sadly at the door were sent for in as friends, and not as enemies; where the dictator having said, “If we have offended, the fault was not so great as is our penitence and your virtue,” the Senate gave them peace forthwith, and soon after made the Tusculans citizens of Rome.
But putting the case, of which the world is not able to show an example, that the forfeiture of a populous nation, not conquered, but friends, and in cool blood, might be taken, your army must be planted in one of the ways mentioned. To plant it in the way of absolute monarchy, that is, upon feuds for life, such as the Timars, a country as large and fruitful as that of Greece, would afford you but 16,000 Timariots, for that is the most the Turk (being the best husband that ever was of this kind) makes of it at this day: and if Oceana, which is less in fruitfulness by one-half, and in extent by three parts, should have no greater a force, whoever breaks her in one battle, may be sure she shall never rise; for such (as was noted by Machiavel) is the nature of the Turkish monarchy, if you break it in two battles, you have destroyed its whole militia, and the rest being all slaves, you hold it without any further resistance. Wherefore the erection of an absolute monarchy in Oceana, or in any other country that is no larger, without making it a certain prey to the first invader is altogether impossible.
To plant by halves, as the Roman emperors did their beneficiaries, or military colonies, it must be either for life; and this an army of Oceaners in their own country, especially having estates of inheritance, will never bear because such an army so planted is as well confiscated as the people; nor had the Mamelukes been contented with such usage in Egypt, but that they were foreigners, and daring not to mix with the natives, it was of absolute necessity to their being.
Or planting them upon inheritance, whether aristocratically as the Neustrians, or democratically as the Israelites, they grow up by certain consequences into the national interest, and this, if they be planted popularly, comes to a commonwealth; if by way of nobility, to a mixed monarchy, which of all other will be found to be the only kind of monarchy whereof this nation, or any other that is of no greater extent, has been or can be capable; for if the Israelites, though their democratical balance, being fixed by their agrarian, stood firm, be yet found to have elected kings, it was because, their territory lying open, they were perpetually invaded, and being perpetually invaded, turned themselves to anything which, through the want of experience, they thought might be a remedy; whence their mistake in election of their kings, under whom they gained nothing, but, on the contrary, lost all they had acquired by their commonwealth, both estates and liberties, is not only apparent, but without parallel. And if there have been, as was shown, a kingdom of the Goths in Spain, and of the Vandals in Asia, consisting of a single person and a Parliament (taking a parliament to be a council of the people only, without a nobility), it is expressly said of those councils that they deposed their kings as often as they pleased; nor can there be any other consequence of such a government, seeing where there is a council of the people they do never receive laws, but give them; and a council giving laws to a single person, he has no means in the world whereby to be any more than a subordinate magistrate but force: in which case he is not a single person and a parliament, but a single person and an army, which army again must be planted as has been shown, or can be of no long continuance.
It is true, that the provincial balance bring in nature quite contrary to the national, you are no way to plant a provincial army upon dominion. But then you must have a native territory in strength, situation, or government, able to overbalance the foreign, or you can never hold it. That an army should in any other case be long supported by a mere tax, is a mere fancy as void of all reason and experience as if a man should think to maintain such a one by robbing of orchards; for a mere tax is but pulling of plum-trees, the roots whereof are in other men’s grounds, who, suffering perpetual violence, come to hate the author of it; and it is a maxim, that no prince that is hated by his people can be safe. Arms planted upon dominion extirpate enemies and make friends; but maintained by a mere tax, have enemies that have roots, and friends that have none.
To conclude, Oceana, or any other nation of no greater extent, must have a competent nobility, or is altogether incapable of monarchy; for where there is equality of estates, there must be equality of power, and where there is equality of power, there can be no monarchy.
To come then to the generation of the commonwealth. It has been shown how, through the ways and means used by Panurgus to abase the nobility, and so to mend that flaw which we have asserted to be incurable in this kind of constitution, he suffered the balance to fall into the power of the people, and so broke the government; but the balance being in the people, the commonwealth (though they do not see it) is already in the nature of them. There wants nothing else but time, which is slow and dangerous, or art, which would be more quick and secure, for the bringing those native arms, wherewithal they are found already, to resist, they know not how, everything that opposes them, to such maturity as may fix them upon their own strength and bottom.
But whereas this art is prudence, and that part of prudence which regards the present work is nothing else but the skill of raising such superstructures of government as are natural to the known foundations, they never mind the foundation, but through certain animosities, wherewith by striving one against another they are infected, or through freaks, by which, not regarding the course of things, nor how they conduce to their purpose, they are given to building in the air, come to be divided and subdivided into endless parties and factions, both civil and ecclesiastical, which, briefly to open, I shall first speak of the people in general, and then of their divisions.
A people, says Machiavel, that is corrupt, is not capable of a commonwealth. But in showing what a corrupt people is, he has either involved himself, or me; nor can I otherwise come out of the labyrinth, than by saying, the balance altering a people, as to the foregoing government, must of necessity be corrupt; but corruption in this sense signifies no more than that the corruption of one government, as in natural bodies, is the generation of another. Wherefore if the balance alters from monarchy, the corruption of the people in this case is that which makes them capable of a commonwealth. But whereas I am not ignorant that the corruption which he means is in manners, this also is from the balance. For the balance leading from monarchical into popular abates the luxury of the nobility, and, enriching the people, brings the government from a more private to a more public interest which coming nearer, as has been shown, to justice and right reason, the people upon a like alteration is so far from such a corruption of manners as should render them incapable of a commonwealth, that of necessity they must thereby contract such a reformation of manners as will bear no other kind of government. On the other side, where the balance changes from popular to oligarchical or monarchical, the public interest, with the reason and justice included in the sane, becomes more private; luxury is introduced in the room of temperance, and servitude in that of freedom, which causes such a corruption of manners both in the nobility and people, as, by the example of Rome in the time of the Triumvirs, is more at large discovered by the author to have been altogether incapable of a commonwealth.
But the balance of Oceana changing quite contrary to that of Rome, the manners of the people were not thereby corrupted, but, on the contrary, adapted to a commonwealth. For differences of opinion in a people not rightly informed of their balance, or a division into parties (while there is not any common ligament of power sufficient to reconcile or hold them) is no sufficient proof of corruption. Nevertheless, seeing this must needs be matter of scandal and danger, it will not be amiss, in showing what were the parties, to show what were their errors.
The parties into which this nation was divided, were temporal or spiritual; and the temporal parties were especially two, the one royalists, the other republicans, each of which asserted their different causes, either out of prudence or ignorance, out of interest or conscience.
For prudence, either that of the ancients is inferior to the modern, which we have hitherto been setting face to face, that anyone may judge, or that of the royalist must be inferior to that of the commonwealths man. And for interest, taking the commonwealths man to have really intended the public, for otherwise he is a hypocrite and the worst of men, that of the royalist must of necessity have been more private. Wherefore, the whole dispute will come upon matter of conscience, and this, whether it be urged by the right of kings, the obligation of former laws, or of the oath of allegiance, is absolved by the balance.
For if the right of kings were as immediately derived from the breath of God as the life of man, yet this excludes not death and dissolution. But, that the dissolution of the late monarchy was as natural as the death of man, has been already shown. Wherefore it remains with the royalists to discover by what reason or experience it is possible for a monarchy to stand upon a popular balance; or, the balance being popular, as well the oath of allegiance, as all other monarchical laws, imply an impossibility, and are therefore void.
To the commonwealths man I have no more to say, but that if he excludes any party, he is not truly such, nor shall ever found a commonwealth upon the natural principle of the same, which is justice. And the royalist for having not opposed a commonwealth in Oceana, where the laws were so ambiguous that they might be eternally disputed and never reconciled, can neither be justly for that cause excluded from his full and equal share in the government; nor prudently for this reason, that a commonwealth consisting of a party will be in perpetual labor for her own destruction: whence it was that the Romans, having conquered the Albans, incorporated them with equal right into the commonwealth. And if the royalists be “flesh of your flesh,” and nearer of blood than were the Albans to the Romans, you being also both Christians, the argument is the stronger. Nevertheless there is no reason that a commonwealth should any more favor a party remaining in fixed opposition against it, than Brutus did his own sons. But if it fixes them upon that opposition, it is its own fault, not theirs; and this is done by excluding them. Men that have equal possessions and the same security for their estates and their liberties that you have, have the same cause with you to defend both; but if you will liberty, though for monarchy; and be trampling, they fight for you for tyranny, though under the name of a commonwealth: the nature of orders in a government rightly instituted being void of all jealousy, because, let the parties which it embraces be what they will, its orders are such as they neither would resist if they could, nor could if they would, as has been partly already shown, and will appear more at large by the following model.
The parties that are spiritual are of more kinds than I need mention; some for a national religion, and others for liberty of conscience, with such animosity on both sides, as if these two could not consist together, and of which I have already sufficiently spoken, to show that indeed the one cannot well subsist without the other But they of all the rest are the most dangerous, who, holding that the saints must govern, go about to reduce the commonwealth to a party, as well for the reasons already shown, as that their pretences are against Scripture, where the saints are commanded to submit to the higher powers, and to be subject to the ordinance of man. And that men, pretending under the notion of saints or religion to civil power, have hitherto never failed to dishonor that profession, the world is full of examples, whereof I shall confine myself at present only to a couple, the one of old, the other of new Rome.
In old Rome, the patricians or nobility pretending to be the godly party, were questioned by the people for engrossing all the magistracies of that commonwealth, and had nothing to say why they did so, but that magistracy required a kind of holiness which was not in the people; at which the people were filled with such indignation as had come to cutting of throats, if the nobility had not immediately laid by the insolency of that plea; which nevertheless when they had done, the people for a long time after continued to elect no other but patrician magistrates.
The example of new Rome in the rise and practice of the hierarchy (too well known to require any further illustration) is far more immodest.
This has been the course of nature; and when it has pleased or shall please God to introduce anything that is above the course of nature, he will, as he has always done, confirm it by miracle; for so in his prophecy of the reign of Christ upon earth he expressly promises, seeing that “the souls of them that were beheaded for Jesus, shall be seen to live and reign with him;” which will be an object of sense, the rather, because the rest of the dead are not to live again till the thousand years be finished. And it is not lawful for men to persuade us that a thing already is, though there be no such object of our sense, which God has told us shall not be till it be an object of our sense.
The saintship of a people as to government, consists in the election of magistrates fearing God, and hating covetousness, and not in their confining themselves, or being confined, to men of this or that party or profession. It consists in making the most prudent and religious choice they can; yet not in trusting to men, but, next God, to their own orders. “Give us good men, and they will make us good laws,” is the maxim of a demagogue, and is (through the alteration which is commonly perceivable in men, when they have power to work their own wills) exceeding fallible. But “give us good orders, and they will make us good men,” is the maxim of a legislator, and the most infallible in the politics.
But these divisions (however there be some good men that look sadly on them) are trivial things; first as to the civil concern, because the government, whereof this nation is capable, being once seen, takes in all interests. And, secondly, as to the spiritual; because as the pretence of religion has always been turbulent in broken governments, so where the government has been sound and steady, religion has never shown itself with any other face than that of its natural sweetness and tranquillity, nor is there any reason why it should, wherefore the errors of the people are occasioned by their governors. If they be doubtful of the way, or wander from it, it is because their guides misled them; and the guides of the people are never so well qualified for leading by any virtue of their own, as by that of the government.
The government of Oceana (as it stood at the time whereof we discourse, consisting of one single Council of the people, exclusively of the King and the Lords) was called a Parliament: nevertheless the parliaments of the Teutons and of the Neustrians consisted, as has been shown, of the King, lords, and commons; wherefore this, under an old name, was a new thing a parliament consisting of a single assembly elected by the people, and invested with the whole power of the government, without any covenants, conditions, or orders whatsoever. So new a thing, that neither ancient nor modern prudence can show any avowed example of the like. And there is scarce anything that seems to me so strange as that (whereas there was nothing more familiar with these councillors than to bring the Scripture to the house) there should not be a man of them that so much as offered to bring the house to the Scripture, wherein, as has been shown, is contained that original, whereof all the rest of the commonwealths seem to be copies. Certainly if Leviathan (who is surer of nothing than that a popular commonwealth consists but of one council) transcribed his doctrine out of this assembly, for him to except against Aristotle and Cicero for writing out of their own commonwealths was not so fair play; or if the Parliament transcribed out of him, it had been an honor better due to Moses. But where one of them should have an example but from the other, I cannot imagine, there being nothing of this kind that I can find in story, but the oligarchy of Athens, the Thirty Tyrants of the same, and the Roman Decemvirs.
For the oligarchy, Thucydides tells us, that it was a Senate or council of 400, pretending to a balancing council of the people consisting of 5,000, but not producing them; wherein you have the definition of an oligarchy, which is a single council both debating and resolving, dividing and choosing, and what that must come to was shown by the example of the girls, and is apparent by the experience of all times; wherefore the thirty set up by the Lacedaemonians (when they had conquered Athens) are called tyrants by all authors, Leviathan only excepted, who will have them against all the world to have been an aristocracy, but for what reason I cannot imagine; these also, as void of any balance, having been void of that which is essential to every commonwealth, whether aristocratical or popular, except he be pleased with them, because that, according to the testimony of Xenophon, they killed more men in eight months than the Lacedaemonians had done in ten years; “oppressing the people (to use Sir Walter Raleigh’s words) with all base and intolerable slavery.”
The usurped government of the Decemvirs in Rome was of the same kind. Wherefore in the fear of God let Christian legislators (setting the pattern given in the Mount on the one side, and these execrable examples on the other) know the right hand from the left; and so much the rather, because those things which do not conduce to the good of the governed are fallacious, if they appear to be good for the governors. God, in chastising a people, is accustomed to burn his rod. The empire of these oligarchies was not so violent as short, nor did they fall upon the people, but in their own immediate ruin. A council without a balance is not a commonwealth, but an oligarchy; and every oligarchy, except it be put to the defence of its wickedness or power against some outward danger, is factious. Wherefore the errors of the people being from their governors (which maxim in the politics bearing a sufficient testimony to itself, is also proved by Machiavel), if the people of Oceana have been factious, the cause is apparent, but what remedy?
In answer to this question, I come now to the army, of which the most victorious captain and incomparable patriot, Olphaus Megaletor, was now general, who being a much greater master of that art whereof I have made a rough draught in these preliminaries, had such sad reflections upon the ways and proceedings of the Parliament as cast him upon books and all other means of diversion, among which he happened on this place of Machiavel: “Thrice happy is that people which chances to have a man able to give them such a government at once, as without alteration may secure them of their liberties; seeing it was certain that Lacedaemon, in observing the laws of Lycurgus, continued about 800 years without any dangerous tumult or corruption.” My lord general (as it is said of Themistocles, that he could not sleep for the glory obtained by Miltiades at the battle of Marathon) took so new and deep an impression at these words of the much greater glory of Lycurgus, that, being on this side assaulted with the emulation of his illustrious object, and on the other with the misery of the nation, which seemed (as it were ruined by his victory) to cast itself at his feet, he was almost wholly deprived of his natural rest, till the debate he had within himself came to a firm resolution, that the greatest advantages of a commonwealth are, first, that the legislator should be one man; and, secondly, that the government should be made all together, or at once. For the first, it is certain, says Machiavel, that a commonwealth is seldom or never well turned or constituted, except it has been the work of one man; for which cause a wise legislator, and one whose mind is firmly set, not upon private but the public interest, not upon his posterity but upon his country, may justly endeavor to get the sovereign power into his own hands, nor shall any man that is master of reason blame such extraordinary means as in that case will be necessary, the end proving no other than the constitution of a well-ordered commonwealth.
The reason of this is demonstrable; for the ordinary means not failing, the commonwealth has no need of a legislator, but the ordinary means failing, there is no recourse to be had but to such as are extraordinary. And, whereas a book or a building has not been known to attain to its perfection if it has not had a sole author or architect, a commonwealth, as to the fabric of it, is of the like nature. And thus it may be made at once; in which there be great advantages; for a commonwealth made at once, takes security at the same time it lends money; and trusts not itself to the faith of men, but launches immediately forth into the empire of laws, and, being set straight, brings the manners of its citizens to its rule, whence followed that uprightness which was in Lacedaemon. But manners that are rooted in men, bow the tenderness of a commonwealth coming up by twigs to their, bent, whence followed the obliquity that was in Rome, and those perpetual repairs by the consuls’ axes, and tribunes’ hammers, which could never finish that commonwealth but in destruction.
My lord general being clear in these points, and of the necessity of some other course than would be thought upon by the Parliament, appointed a meeting of the army, where he spoke his sense agreeable to these preliminaries with such success to the soldiery, that the Parliament was soon after deposed; had he himself, in the great hall of the Pantheon or palace of justice, situated in Emporium, the capital city, was created by the universal suffrage of the army, Lord Archon, or sole legislator of Oceana, upon which theatre you have, to conclude this piece, a person introduced, whose fame shall never draw its curtain.
The Lord Archon being created, fifty select persons to assist him, by laboring in the mines of ancient prudence, and bringing its hidden treasures to new light, were added, with the style also of legislators, and sat as a council, whereof he was the sole director and president.
PART II
THE COUNCIL OF LEGISLATORS
OF this piece, being the greater half of the whole work, I shall be able at this time to give no further account, than very briefly to show at what it aims.
My Lord Archon, in opening the Council of legislators, made it appear how unsafe a thing it is to follow fancy in the fabric of a commonwealth; and how necessary that the archives of ancient prudence should be ransacked before any councillor should presume to offer any other matter in order to the work in hand, or toward the consideration to be had by the Council upon a model of government. Wherefore he caused an urn to be brought, and every one of the councillors to draw a lot. By the lots as they were drawn,
The Commonwealth of Fell to
Israel…… Phosphorus de Auge Athens….. Navarchus de Paralo Lacedaemon….. Laco de Scytale Carthage.. Mago de Syrtibus The Achaeans, AEtolians, and Lycians….Aratus de Isthmo The Switz Alpester de Fulmine
Holland and the United Provinces Glaucus de Ulna Rome…… Dolabella de Enyo Venice….. Lynceus de Stella
These contained in them all those excellencies whereof a commonwealth is capable; so that to have added more had been to no purpose. Upon time given to the councillors, by their own studies and those of their friends, to prepare themselves, they were opened in the order, and by the persons mentioned at the Council of legislators, and afterward by order of the same were repeated at the council of the prytans to the people; for in drawing of the lots, there were about a dozen of them inscribed with the letter P, whereby the councillors that drew them became prytans.
The prytans were a committee or council sitting in the great hall of Pantheon, to whom it was lawful for any man to offer anything in order to the fabric of the commonwealth; for which cause, that they might not be oppressed by the throng, there was a rail about the table where they sat, and on each side of the same a pulpit; that on the right hand for any man that would propose anything, and that on the left for any other that would oppose him. And all parties (being indemnified by proclamation of the Archon) were invited to dispute their own interests, or propose whatever they thought fit (in order to the future government) to the council of the prytans, who, having a guard of about two or three hundred men, lest the heat of dispute might break the peace, had the right of moderators, and were to report from time to time such propositions or occurrences as they thought fit, to the Council of legislators sitting more privately in the palace called Alma.
This was that which made the people (who were neither safely to be admitted, nor conveniently to be excluded in the framing of the commonwealth) verily believe, when it came forth, that it was no other than that whereof they themselves had been the makers.
Moreover, this Council sat divers months after the publishing and during the promulgation of the model to the people; by which means there is scarce anything was said or written for or against the said model but you shall have it with the next impression of this work, by way of oration addressed to and moderated by the prytans.
By this means the Council of legislators had their necessary solitude and due aim in their greater work, as being acquainted from time to time with the pulse of the people, and yet without any manner of interruption or disturbance.
Wherefore every commonwealth in its place having been opened by due method — that is, first, by the people; secondly, by the Senate; and, thirdly, by the magistracy-the Council upon mature debate took such results or orders out of each, and out of every part of each of them, as upon opening the same they thought fit; which being put from time to time in writing by the clerk or secretary, there remained no more in the conclusion, than putting the orders so taken together, to view and examine them with a diligent eye, that it might be clearly discovered whether they did interfere, or could anywise come to interfere or jostle one with the other. For as such orders jostling or coming to jostle one another are the certain dissolution of the commonwealth, so, taken upon the proof of like experience, and neither jostling nor showing which way they can possibly come to jostle one another, they make a perfect and (for aught that in human prudence can be foreseen) an immortal commonwealth.
And such was the art whereby my Lord Archon (taking council of the Commonwealth of Israel, as of Moses; and of the rest of the commonwealths, as of Jethro) framed the model of the Commonwealth of Oceana.
PART III
THE MODEL OF THE COMMONWEALTH OF OCEANA
WHEREAS my Lord Archon, being from Moses and Lycurgus the first legislator that hitherto is found in history to have introduced or erected an entire commonwealth at once, happened, like them also, to be more intent upon putting the same into execution or action, than into writing; by which means the model came to be promulgated or published with more brevity and less illustration than are necessary for their understanding who have not been acquainted with the whole proceedings of the Council of legislators, and of the prytans, where it was asserted and cleared from all objections and doubts: to the end that I may supply what was wanting in the promulgated epitome to a more full and perfect narrative of the whole, I shall rather take the commonwealth practically; and as it has now given an account of itself in some years’ revolutions (as Dicearchus is said to have done that of Lacedaemon, first transcribed by his hand some three or four hundred years after the institution), yet not omitting to add for proof to every order such debates and speeches of the legislators in their Council, or at least such parts of them as may best discover the reason of the government; nor such ways and means as were used in the institution or rise of the building, not to be so well conceived, without some knowledge given of the engines wherewithal the mighty weight was moved. But through the entire omission of the Council of legislators or workmen that squared every stone to this structure in the quarries of ancient prudence, the proof of the first part of this discourse will be lame, except I insert, as well for illustration as to avoid frequent repetition, three remarkable testimonies in this place.
The first is taken out of the Commonwealth of Israel: “So Moses hearkened to the voice of Jethro, his father-in-law, and did all that he had said. And Moses chose able men out of all Israel, and made them heads over the people;” tribunes, as it is in the vulgar Latin; or phylarchs, that is, princes of the tribes, sitting upon twelve thrones, and judging the twelve tribes of Israel; and next to these he chose rulers of thousands, rulers of hundreds, rulers of fifties, and rulers of tens, which were the steps and rise of this commonwealth from its foundation or root to its proper elevation or accomplishment in the Sanhedrim, and the congregation, already opened in the preliminaries.
The second is taken out of Lacedaemon, as Lycurgus (for the greater impression of his institutions upon the minds of his citizens) pretended to have received the model of that commonwealth from the oracle of Apollo at Delphos, the words whereof are thus recorded by Plutarch in the life of that famous legislator: “When thou shalt have divided the people into tribes (which were six) and oboe (which were five in every tribe), thou shalt constitute the Senate, consisting, with the two Kings, of thirty councillors, who, according as occasion requires, shall cause the congregation to be assembled between the bridge and the river Gnacion, where the Senate shall propose to the people, and dismiss them without suffering them to debate.” The oboe were lineages into which every tribe was divided, and in each tribe there was another division containing all those of the same that were of military age, which being called the mora, was subdivided into troops and companies that were kept in perpetual discipline under the command of a magistrate called the polemarch.
The third is taken out of the Commonwealth of Rome, or those parts of it which are comprised in the first and second books of Livy, where the people, according to the institution by Romulus, are first divided into thirty curias or parishes, whereof he elected, by three out of each curia, the Senate, which, from his reign to that or Servius Tullius, proposed to the parishes or parochial congregations; and these being called the Comitia curiata, had the election of the kings, the confirmation of their laws, and the last appeal in matters of judicature, as appears in the case of Horatius that killed his sister; till, in the reign of Servius (for the other kings kept not to the institution of Romulus), the people being grown somewhat, the power of the Curiata was for the greater part translated to the Centuriata comitia instituted by this King, which distributed the people, according to the sense of valuation of their estates, into six classes, every one containing about forty centuries, divided into youth and elders; the youth for field-service, the elders for the defence of their territory, all armed and under continual discipline, in which they assembled both upon military and civil occasions. But when the Senate proposed to the people, the horse only, whereof there were twelve centuries, consisting of the richest sort over and above those of the foot enumerated, were called with the first classes of the foot to the suffrage; or if these accorded not, then the second classes were called to them, but seldom or never any of the rest. Wherefore the people, after the expulsion of the kings, growing impatient of this inequality, rested not till they had reduced the suffrage as it had been in the Comitia curiato to the whole people again; but in another way, that is to say, by the Comitia tributa, which thereupon were instituted, being a council where the people in exigencies made laws without the Senate, which laws were called plebiscita. This Council is that in regard whereof Cicero and other great wits so frequently inveigh against the people, and sometimes even Livy as at the first institution of it. To say the truth, it was a kind of anarchy, whereof the people could not be excusable, if there had not, through the courses taken by the Senate, been otherwise a necessity that they must have seen the commonwealth run into oligarchy.
The manner how the Comitia curiata, centuriata or tributa were called, during the time of the commonwealth, to the suffrage, was by lot: the curia, century, or tribe, whereon the first lot fell, being styled principium, or the prerogative; and the other curioe, centuries or tribes, whereon the second, third, and fourth lots, etc., fell, the jure vocatoe. From henceforth not the first classes, as in the times of Servius, but the prerogative, whether curia, century, or tribe, came first to the suffrage, whose vote was called omen proerogativum, and seldom failed to be leading to the rest of the tribes. The jure vocatoe, in the order of their lots, came next: the manner of giving suffrage was, by casting wooden tablets, marked for the affirmative or the negative, into certain urns standing upon a scaffold, as they marched over it in files, which for the resemblance it bore was called the bridge. The candidate, or competitor, who had most suffrages in a curia, century, or tribe, was said to have that curia, century, or tribe; and he who had most of the curioe, centuries, or tribes, carried the magistracy.
These three places being premised, as such upon which there will be frequent reflection, I come to the narrative, divided into two parts, the first containing the institution, the second the constitution of the commonwealth, in each whereof I shall distinguish the orders, as those which contain the whole model, from the rest of the discourse, which tends only to the explanation or proof of them.
In the institution or building of a commonwealth, the first work, as that of builders, can be no other than fitting and distributing the materials.
The materials of a commonwealth are the people, and the people of Oceana were distributed by casting them into certain divisions, regarding their quality, their age, their wealth, and the places of their residence or habitation, which was done by the ensuing orders.
The first order “distributes the people into freemen or citizens and servants, while such; for if they attain to liberty, that is, to live of themselves, they are freemen or citizens.”
This order needs no proof, in regard of the nature of servitude, which is inconsistent with freedom, or participation of government in a commonwealth.
The second order “distributes citizens into youth and elders (such as are from eighteen years of age to thirty, being accounted youth; and such as are of thirty and upward, elders), and establishes that the youth shall be the marching armies, and the elders the standing garrisons of this nation.”
A commonwealth, whose arms are in the hands of her servants, had need be situated, as is elegantly said of Venice by Contarini, out of the reach of their clutches; witness the danger run by that of Carthage in the rebellion of Spendius and Matho. But though a city, if one swallow makes a summer, may thus chance to be safe, yet shall it never be great; for if Carthage or Venice acquired any fame in their arms, it is known to have happened through the mere virtue of their captains, and not of their orders; wherefore Israel, Lacedaemon, and Rome entailed their arms upon the prime of their citizens, divided, at least in Lacedaemon and Rome, into youth and elders: the youth for the field, and the elders for defence of the territory.
The third order “distributes the citizens into horse and foot, by the sense or valuation of their estates; they who have above 100 a year in lands, goods, or moneys, being obliged to be of the horse, and they who have under that sum to be of the foot. But if a man has prodigally wasted and spent his patrimony, he is neither capable of magistracy, office, or suffrage in the commonwealth.”
Citizens are not only to defend the commonwealth, but according to their abilities, as the Romans under Servius Tullius (regard had to their estates), were some enrolled in the horse centuries, and others of the foot, with arms enjoined accordingly, nor could it be otherwise in the rest of the commonwealths, though out of historical remains, that are so much darker, it be not so clearly probable. And the necessary prerogative to be given by a commonwealth to estates, is in some measure in the nature of industry, and the use of it to the public. “The Roman people,” says Julius Exuperantius, “were divided into classes, and taxed according to the value of their estates. All that were worth the sums appointed were employed in the wars; for they most eagerly contend for the victory; who fight for liberty in defence of their country and possessions. But the poorer sort were polled only for their heads (which was all they had) and kept in garrison at home in time of war; for these might betray the armies for bread, by reason of their poverty, which is the reason that Marius, to whom the care of the government ought not to have been committed, was the first that led them into the field;” and his success was accordingly. There is a mean in things; as exorbitant riches overthrow the balance of a commonwealth, so extreme poverty cannot hold it, nor is by any means to be trusted with it. The clause in the order concerning the prodigal is Athenian, and a very laudable one; for he that could not live upon his patrimony, if he comes to touch the public money, makes a commonwealth bankrupt.
The fourth order “distributes the people according to the places of their habitation, into parishes, hundreds, and tribes.”
For except the people be methodically distributed, they cannot be methodically collected; but the being of a commonwealth consists in the methodical collection of the people: wherefore you have the Israelitish divisions into rulers of thousands, of hundreds, of fifties, and of tens; and of the whole commonwealth into tribes: the Laconic into oboe, moras, and tribes; the Roman into tribes, centuries, and classes; and something there must of necessity be in every government of the like nature, as that in the late monarchy — by counties. But this being the only institution in Oceana, except that of the agrarian, which required any charge or included any difficulty, engages me to a more particular description of the manner how it was performed, as follows:
A thousand surveyors, commissioned and instructed by the Lord Archon and the Council, being divided into two equal numbers, each under the inspection of two surveyors-general, were distributed into the northern and southern parts of the territory, divided by the river Hemisua, the whole whereof contains about 10,000 parishes, some ten of those being assigned to each surveyor; for as to this matter there needed no great exactness, it tending only by showing whither everyone was to, begin, to the more orderly carrying repair and whereabout to on of the work; the nature of their instructions otherwise regarding rather the number of the inhabitants than of the parishes. The surveyors, therefore, being every one furnished with a convenient proportion of urns, balls, and balloting-boxes — in the use whereof they had been formerly exercised — and now arriving each at his respective parish, being with the people by teaching them their first lesson, which was the ballot; and though they found them in the beginning somewhat froward, as at toys, with which, while they were in expectation of greater matters from a Council of legislators, they conceived themselves to be abused, they came within a little while to think them pretty sport, and at length such as might very soberly be used in good earnest; whereupon the surveyors began the institution included in —
The first order, requiring “That upon the first Monday next ensuing the last of December the bigger bell in every parish throughout the nation be rung at eight of the clock in the morning, and continue ringing for the space of one hour; and that all the elders of the parish respectively repair to the church before the bell has done ringing, where, dividing themselves into two equal numbers, or as near equal as may be, they shall take their places according to their dignities, if they be of divers qualities, and according to their seniority, if they be of the same, the one half on the one side, and the other half on the other, in the body of the church, which done, they shall make oath to the overseers of the parish for the time being (instead of these the surveyors were to officiate at the institution, or first assembly) by holding up their hands, to make a fair election according to the laws of the ballot, as they are hereafter explained, of such persons, amounting to a fifth part of their whole number, to be their deputies, and to exercise their power in manner hereafter explained, as they shall think in their consciences to be fittest for that trust, and will acquit themselves of it to the best advantage of the commonwealth. And oath being thus made, they shall proceed to election, if the elders of the parish amount to 1,000 by the ballot of the tribe, as it is in due place explained, and if the elders of the parish amount to fifty or upward, but within the number of 1,000, by the ballot of the hundred, as it is in due place explained. But, if the elders amount not to fifty, then they shall proceed to the ballot of the parish, as it is in this place and after this manner explained.
“The two overseers for the time being shall seat themselves at the upper end of the middle alley, with a table before them, their faces being toward the congregation, and the constable for the time being shall set an urn before the table, into which he shall put so many balls as there be elders present, whereof there shall be one that is gilded, the rest being white; and when the constable has shaken the urn, sufficiently to mix the balls, the overseers shall call the elders to the urn, who from each side of the church shall come up the middle alley in two files, every man passing by the urn, and drawing out one ball; which, if it be silver, he shall cast into a bowl standing at the foot of the urn, and return by the outward alley on his side to his place. But he who draws the golden ball is the proposer, and shall be seated between the overseers, where he shall begin in what order he pleases, and name such as, upon his oath already taken, he conceives fittest to be chosen, one by one, to the elders; and the party named shall withdraw while the congregation is balloting his name by the double box or boxes appointed and marked on the outward part, to show which side is affirmative and which negative, being carried by a boy or boys appointed by the overseers, to every one of the elders, who shall hold up a pellet made of linen rags between his finger and his thumb, and put it after such a manner into the box, as though no man can see into which side he puts it, yet any man may see that he puts in but one pellet or suffrage. And the suffrage of the congregation being thus, given, shall be returned with the box or boxes to the overseers, who opening the same, shall pour the affirmative balls into a white bowl standing upon the table on the right hand, to be numbered by the first overseer; and the negative into a green bowl standing on the left hand, to be numbered by the second overseer; and the suffrages being numbered, he who has the major part in the affirmative is one of the deputies of the parish, and when so many deputies are chosen as amount to a full fifth part of the whole number of the elders, the ballot for that time shall cease. The deputies being chosen are to be listed by the overseers in order as they were chosen, except only that such as are horse must be listed in the first place with the rest, proportionable to the number of the congregation, after this manner.
Anno Domini
THE LIST OF THE FIRST MOVER
A.A. Equestrian Order, First Deputy
B.B. Second Deputy,
C.C. Third Deputy,
D.D. Fourth Deputy,
E.E. Fifty Deputy,
Of the parish of in the hundred of and the tribe of , which parish at the present election contains twenty elders, whereof one is of the horse or equestrian order.
“The first and second in the list are overseers by consequence; the third is the constable, and the fourth and fifth are churchwardens; the persons so chosen are deputies of the parish for the space of one year from their election, and no longer, nor may they be elected two years together. This list, being the primum mobile, or first mover of the commonwealth, is to be registered in a book diligently kept and preserved by the overseers, who are responsible in their places, for these and other duties to be hereafter mentioned, to the censors of the tribe; and the congregation is to observe the present order, as they will answer the contrary to the phylarch, or prerogative troop of the tribe, which, in case of failure in the whole or any part of it, have power to fine them or any of them at discretion, but under an appeal to the Parliament.”
For proof of this order, first, in reason, it is with all politicians past dispute that paternal power is in the right of nature; and this is no other than the derivation of power from fathers of families as the natural root of a commonwealth. And for experience, if it be otherwise in that of Holland, I know no other example of the like kind. in Israel, the sovereign power came clearly from the natural root, the elders of the whole people; and Rome was born, Comitiis curiatis, in her parochial congregations, out of which Romulus first raised her Senate, then all the rest of the orders of that commonwealth, which rose so high: for the depth of a commonwealth is the just height of it-
“She raises up her head unto the skies,
Near as her root unto the centre lies.”
And if the Commonwealth of Rome was born of thirty parishes, this of Oceana was born of 10,000. But whereas mention in the birth of this is made of an equestrian order, it may startle such as know that the division of the people of Rome, at the institution of that commonwealth into orders, was the occasion of its ruin. The distinction of the patrician as a hereditary order from the very institution, engrossing all the magistracies, was indeed the destruction of Rome; but to a knight or one of the equestrian order, says Horace,
“Si quadringentis sex septem millia desunt,
Plebs eris.”
By which it should seem that this order was not otherwise hereditary than a man’s estate, nor did it give any claim to magistracy; wherefore you shall never find that it disquieted the commonwealth, nor does the name denote any more in Oceana than the duty of such a man’s estate to the public.
But the surveyors, both in this place and in others, forasmuch as they could not observe all the circumstances of this order, especially that of the time of election, did for the first as well as they could; and, the elections being made and registered, took each of them copies of those lists which were within their allotments, which done they produced —
The sixth order, directing “in case a parson or vicar of a parish comes to be removed by death or by the censors, that the congregation of the parish assemble and depute one or two elders by the ballot, who upon the charge of the parish shall repair to one of the universities of this nation with a certificate signed by the overseers, and addressed to the vice-chancellor, which certificate, giving notice of the death or removal of the parson or vicar, of the value of the parsonage or vicarage, and of the desire of the congregation to receive a probationer from that university, the vice-chancellor, upon the receipt thereof, shall call a convocation, and having made choice of a fit person, shall return him in due time to the parish, where the person so returned shall return the full fruits of the benefice or vicarage, and do the duty of the parson or vicar, for the space of one year, as probationer; and that being expired, the congregation of the elders shall put their probationer to the ballot, and if he attains not to two parts in three of the suffrage affirmative, he shall take his leave of the parish, and they shall send in like manner as before for another probationer; but if their probationer obtains two parts in three of the suffrage affirmative, he is then pastor of that parish. And the pastor of the parish shall pray with the congregation, preach the Word, and administer the sacraments to the same, according to the directory to be hereafter appointed by the Parliament. Nevertheless such as are of gathered congregations, or from time to time shall join with any of them, are in no wise obliged to this way of electing their teachers, or to give their votes in this case, but wholly left to the liberty of their own consciences, and to that way of worship which they shall choose, being not popish, Jewish, or idolatrous. And to the end they may be the better protected by the State in the exercise of the same, they are desired to make choice, and such manner as they best like, of certain magistrates in every one of their congregations, which we could wish might be four in each of them, to be auditors in cases of differences or distaste, if any through variety of opinions, that may be grievous or injurious to them, shall fall out. And such auditors or magistrates shall have power to examine the matter, and inform themselves, to the end that if they think it of sufficient weight, they may acquaint the phylarch with it, or introduce it into the Council of Religion; where all such causes as those magistrates introduce shall from time to time be heard and determined according to such laws as are or shall hereafter be provided by the Parliament for the just defence of the liberty of conscience.”
This order consists of three parts, the first restoring the power of ordination to the people, which, that it originally belongs to them, is clear, though not in English yet in Scripture, where the apostles ordained elders by the holding up of hands in every congregation, that is, by the suffrage of the people, which was also given in some of those cities by the ballot. And though it may be shown that the apostles ordained some by the laying on of hands, it will not be shown that they did so in every congregation.
Excommunication, as not clearly provable out of the Scripture, being omitted, the second part of the order implies and establishes a national religion; for there be degrees of knowledge in divine things; true religion is not to be learned without searching the Scripture; the Scriptures cannot be searched by us unless we have them to search; and if we have nothing else, or (which is all one) understand nothing else but a translation, we may be (as in the place alleged we have been) beguiled or misled by the translation, while we should be searching the true sense of the Scripture, which cannot be attained in a natural way (and a commonwealth is not to presume upon that which is supernatural) but by the knowledge of the original and of antiquity, acquired by our own studies, or those of some others, for even faith comes by hearing. Wherefore a commonwealth not making provision of men from time to time, knowing in the original languages wherein the Scriptures were written, and versed in those antiquities to which they so frequently relate, that the true sense of them depends in great part upon that knowledge, can never be secure that she shall not lose the Scripture, and by consequence her religion; which to preserve she must institute some method of this knowledge, and some use of such as have acquired it, which amounts to a national religion.
The commonwealth having thus performed her duty toward God, as a rational creature, by the best application of her reason to Scripture, and for the preservation of religion in the purity of the same, yet pretends not to infallibility, but comes in the third part of the order, establishing liberty of conscience according to the instructions given to her Council of Religion, to raise up her hands to heaven for further light; in which proceeding she follows that (as was shown in the preliminaries) of Israel, who, though her national religion was always a part of her civil law, gave to her prophets the upper hand of all her orders.
But the surveyors. having now done with the parishes, took their leave; so a parish is the first division of land occasioned by the first collection of the people of Oceana, whose function proper to that place is comprised in the six preceding orders.
The next step in the progress of the surveyors was to a meeting of the nearest of them, as their work lay, by twenties; where conferring their lists, and computing the deputies contained therein, as the number of them in parishes, being nearest neighbors, amounted to 100, or as even as might conveniently be brought with that account, they cast them and those parishes into the precinct which (be the deputies ever since more or fewer) is still called the hundred; and to every one of these precincts they appointed a certain place, being the most convenient town within the same, for the annual rendezvous; which done, each surveyor, returning to his hundred, and summoning the deputies contained in his lists to the rendezvous, they appeared and received —
The seventh order, requiring, “That upon the first Monday next ensuing the last of January, the deputies of every parish annually assemble in arms at the rendezvous of the hundred, and there elect out of their number one justice of the peace, one juryman, one captain, one ensign of their troop or century, each of these out of the horse; and one juryman, one coroner, one high constable, out of the foot. The election to be made by the ballot in this manner. The jurymen for the time being are to be overseers of the ballot (instead of these, the surveyors are to officiate at the first assembly), and to look to the performance of the same according to what was directed in the ballot of the parishes, saving that the high constable setting forth the urn shall have five several suits of gold balls, and one dozen of every suit; whereof the first shall be marked with the letter A, the second with the letter B, the third with C, the fourth with D, and the fifth with E: and of each of these suits he shall cast one ball into his hat, or into a little urn, and shaking the balls together, present them to the first overseer, who shall draw one, and the suit which is so drawn by the overseer shall be of use for that day, and no other; for example, if the overseer drew an A, the high constable shall put seven gold balls marked with the letter A into the urn, with so many silver ones as shall bring them even with the number of the deputies, who being sworn, as before, at the ballot of the parish to make a fair election, shall be called to the urn; and every man coming in manner as was there shown, shall draw one ball, which, if it be silver, he shall cast it into a bowl standing at the foot of the urn, and return to his place: but the first that draws a gold ball (showing it to the overseers, who if it has not the letter of the present ballot, have power to apprehend and punish him) is the first elector, the second the second elector, and so to the seventh; which order they are to observe in their function. “The electors as they are drawn shall be placed upon the bench by the overseers, till the whole number be complete, and then be conducted, with the list of the officers to be chosen, into a place apart, where, being private, the first elector shall name a person to the first office in the list; and if the person so named, being balloted by the rest of the electors, attains not to the better half of the suffrages in the affirmative, the first elector shall continue nominating others, till one of them so nominated by him attains to the plurality of the suffrages in the affirmative, and be written first competitor to the first office. This done, the second elector shall observe in his turn the like order; and so the rest of the electors, naming competitors each to his respective office in the list, till one competitor be chosen to every office: and when one competitor is chosen to every office, the first elector shall begin again to name a second competitor to the first office, and the rest successively shall name to the rest of the offices till two competitors be chosen to every office; the like shall be repeated till three competitors be chosen to every office. And when three competitors are chosen to every office, the list shall be returned to the overseers, or such as the overseers, in case they or either of them happened to be electors, have substituted in his or their place or places; and the overseers or substitutes having caused the list to be read to the congregation, shall put the competitors, in order as they are written, to the ballot of the congregation; and the rest of the proceedings being carried on in the manner directed in the fifth order, that competitor, of the three written to each office, who has most of the suffrages above half in the affirmative, is the officer. The list being after this manner completed, shall be entered into a register, to be kept at the rendezvous of the hundred, under inspection of the magistrates of the same, after the manner following:
Anno Domini
THE LIST OF THE NEBULOSA
A.A. Equestrian Order, Justice of the Peace, B.B. Equestrian Order, First Juryman,
C.C. Equestrian Order, Captain of the Hundred, D.D. Equestrian Order, Ensign,
E.E. Second Juryman,
F.F. High Constable,
G.G. Coroner,
Of the hundred of in the tribe of , which hundred consists at this election of 105 deputies.
“The list being entered, the high constable shall take three copies of the same, whereof he shall presently return one to the lord high sheriff of the tribe, a second to the lord custos rotulorum, and a third to the censors; or these, through the want of such magistrates at the first muster, may be returned to the orator, to be appointed for that tribe. To the observation of all and every part of this order, the officers and deputies of the hundred are all and every of them obliged, as they will answer it to the phylarch, who has power, in case of failure in the whole or any part, to fine all or any of them so failing at discretion, or according to such laws as shall hereafter be provided in that case, but under an appeal to the Parliament.” There is little in this order worthy of any further account, but that it answers to the rulers of hundreds in Israel, to the mora or military part of the tribe in Lacedaemon, and to the century in Rome. The jurymen, being two in a hundred, and so forty in a tribe, give the latitude allowed by the law for exceptions. And whereas the golden balls at this ballot begin to be marked with letters, whereof one is to be drawn immediately before it begins, this is to the end that the letter being unknown, men may be frustrated of tricks or foul play, whereas otherwise a man may bring a golden ball with him, and make as if he had drawn it out of the urn. The surveyors, when they had taken copies of these lists, had accomplished their work in the hundreds.
So a hundred is the second division of land occasioned by the second collection of the people, whose civil and military functions proper to this place are comprised in the foregoing order.
Having stated the hundreds, they met once again by twenties, where there was nothing more easy than to cast every twenty hundreds, as they lay most conveniently together, into one tribe; so the whole territory of Oceana, consisting of about 10,000 parishes, came to be cast into 1,000 hundreds, and into fifty tribes. In every tribe at the place appointed for the annual rendezvous of the same, were then, or soon after begun those buildings which are now called pavilions; each of them standing with one open side upon fair columns, like the porch of some ancient temple, and looking into a field capable of the muster of some 4,000 men; before each pavilion stand three pillars sustaining urns for the ballot, that on the right hand equal in height to the brow of a horseman, being called the horse urn, that on the left hand, with bridges on either side to bring it equal in height with the brow of a footman, being called the foot urn, and the middle urn, with a bridge on the side toward the foot urn, the other side, as left for the horse, being without one; and here ended the whole work of the surveyors, who returned to the Lord Archon with this —
ACCOUNT OF THE CHARGE
Imprimis: Urns, balls, and balloting-boxes for 10,000 parishes, the same being wooden-ware, 20,000 Item: Provision of the like kind for a thousand hundreds
3,000
Item: Urns and balls of metal, with balloting-boxes for fifty tribes,
2,000
Item: For erecting of fifty pavilions,
60,000
Item: Wages for four surveyors-general at 1,000 a man
4,000
Item: Wages for the rest of the surveyors, being 1,000 at 250 a man
250,000
Sum Total 339,000
This is no great matter of charge for the building of a commonwealth, in regard that it has cost (which was pleaded by the surveyors) as much to rig a few ships. Nevertheless that proves not them to be honest, nor their account to be just; but they had their money for once, though their reckoning be plainly guilty of a crime, to cost him his neck that commits it another time, it being impossible for a commonwealth (without an exact provision that it be not abused in this kind) to subsist; for if no regard should be had of the charge (though that may go deep), yet the debauchery and corruption whereto, by negligence in accounts, it infallibly exposes its citizens, and thereby lessens the public faith, which is the nerve and ligament of government, ought to be prevented. But the surveyors being despatched, the Lord Archon was very curious in giving names to his tribes, which having caused to be written in scrolls cast into an urn, and presented to the councillors, each of them drew one, and was accordingly sent to the tribe in his lot, as orators of the same, a magistracy no otherwise instituted, than for once and pro tempore, to the end that the council upon so great an occasion might both congratulate with the tribes, and assist at the first muster in some things of necessity to be differently carried from the established administration and future course of the commonwealth.
The orators being arrived, every one as soon as might be, at the rendezvous of his tribe, gave notice to the hundreds, and summoned the muster which appeared for the most part upon good horses, and already indifferently well armed; as to instance in one for all, the tribe of Nubia, where Hermes de Caduceo, lord orator of the same, after a short salutation and a hearty welcome, applied himself to his business, which began with —
The eighth order requiring “That the lord high sheriff as commander-in-chief, and the lord custos rotulorum as muster-master of the tribe (or the orator for the first muster), upon reception of the lists of their hundreds, returned to them by the high constables of the same, presently cause them to be cast up, dividing the horse from the foot, and listing the horse by their names in troops, each troop containing about 100 in number, to be inscribed First, Second, or Third troop, etc., according to the order agreed upon by the said magistrates; which done, they shall list the foot in like manner, and inscribe the companies in like order. These lists upon the eve of the muster shall be delivered to certain trumpeters and drummers, whereof there shall be fifteen of each sort (as well for the present as otherwise to be hereafter mentioned) stipendiated by the tribe. And the trumpeters and drummers shall be in the field before the pavilion, upon the day of the muster, so soon as it is light, where they shall stand every one with his list in his hand, at a due distance, placed according to the order of the list, the trumpeters with the lists of the horse on the right hand, and the drummers with the lists of the foot on the left hand; where having sounded awhile, each of them shall begin to call and continue calling the names of the deputies, as they come into the field, till both the horse and foot be gathered by that means into their due order. The horse and foot being in order, the lord lieutenant of the tribe shall cast so many gold balls marked with the figures 1, 2, 3, 4, etc., as there be troops of horse in the field, together with so many silver balls as there be companies, marked in the same manner, into a little urn, to which he shall call the captains; and the captains drawing the gold balls shall command the horse, and those that draw the silver the foot, each in the order of his lot. The like shall be done by the conductor at the same time for the ensigns at another urn; and they that draw the gold balls shall be cornets, the left ensigns.”
This order may puzzle the reader, but tends to a wonderful speed of the muster, to which it would be a great matter to lose a day in ranging and marshalling, whereas by virtue of this the tribe is no sooner in the field than in battalia, nor sooner in battalia than called to the urns or the ballot by virtue of —
The ninth order, “Whereby the censors (or the orator for the first muster) upon reception of the lists of the hundreds from the high constables, according as is directed by the seventh order are to make their notes for the urns beforehand, with regard had to the lists of the magistrates, to be elected by the ensuing orders, that is to say, by the first list called the prime magnitude, six; and by the second called the galaxy, nine. Wherefore the censors are to put into the middle urn for the election of the first list twenty-four gold balls, with twenty-six blanks or silver balls, in all sixty; and into the side urns sixty gold balls, divided into each according to the different number of the horse and foot; that is to say, if the horse and the foot be equal, equally, and if the horse and the foot be unequal, unequally, by an arithmetical proportion. The like shall be done the second day of the muster for the second list, except that the censors shall put into the middle urn thirty-six gold balls with twenty-four blanks, in all sixty; and sixty gold balls into the side urns, divided respectively into the number of the horse and the foot; and the gold balls in the side urns at either ballot are by the addition of blanks to be brought even with the number of the ballotants at either urn respectively. The censors having prepared their notes, as has been shown, and being come at the day appointed into the field, shall present a little urn to the lord high sheriff, who is to draw twice for the letters to be used that day, the one at the side urns, and the other at the middle. And the censors having fitted the urns accordingly, shall place themselves in certain movable seats or pulpits (to be kept for that use in the pavilion) the first censor before the horse urn, the second before the foot urn, the lord lieutenant doing the office of censor pro tempore at the middle urn; where all and every one of them shall cause the laws of the ballot to be diligently observed, taking a special care that no man be suffered to come above once to the urn (whereof it more particularly concerns the sub-censors, that is to say, the overseers of every parish, to be careful, they being each in this regard responsible for their respective parishes) or to draw above one ball, which if it be gold, he is to present to the censor, who shall look upon the letter; and if it be not that of the day, and of the respective urn, apprehend the party, who for this or any other like disorder is obnoxious to the phylarch.”
This order being observed by the censors, it is not possible for the people, if they can but draw the balls, though they understand nothing at all of the ballot, to be out. To philosophize further upon this art, though there be nothing more rational, were not worth the while, because in writing it will be perplexed, and the first practice of it gives the demonstration; whence it came to pass that the orator, after some needless pains in the explanation of the two foregoing orders, betaking himself to exemplify the same, found the work done to his hand, for the tribe, as eager upon a business of this nature, had retained one of the surveyors, out of whom (before the orator arrived) they had got the whole mystery by a stolen muster, at which in order to the ballot they had made certain magistrates pro tempore. Wherefore he found not only the pavilion (for this time a tent) erected with three posts, supplying the place of pillars to the urns, but the urns being prepared with a just number of balls for the first ballot, to become the field, and the occasion very gallantly with their covers made in the manner of helmets, open at either ear to give passage to the hands of the ballotants, and slanting with noble plumes to direct the march of the people.
Wherefore he proceeded to —
The tenth order, “Requiring of the deputies of the parishes, that upon every Monday next ensuing the last of February, they make their personal appearance, horse and foot in arms accordingly, at the rendezvous of the tribe, where, being in discipline, the horse upon the right, and the foot upon the left, before the pavilion, and having made oath by holding up their hands, upon the tender of it by the lord high sheriff, to make election without favor, and of such only as they shall judge fittest for the commonwealth, the conductor shill take three balls, the one inscribed with these words (outward files), another with these words (inward files), and the third with these (middle files), which balls he shall cast into a little urn, and present it to the lord high sheriff, who, drawing one, shall give the words of command, as they are thereupon inscribed, and the ballot shall begin accordingly. For example, if the ball be inscribed ‘Middle files,’ the ballot shall begin by the middle; that is, the two files that are middle to the horse shall draw out first to the horse urn, and the two files that are middle to the foot shall draw out first to the foot urn, and be followed by all the rest of the files as they are next to them in order. The like shall be done by the inward, or by the outward files in case they be first called. And the files, as every man has drawn his ball, if it be silver, shall behind at the urn to countermarch to their places, but he that has drawn a gold ball at a side urn shall proceed to the middle urn, where if the balls he draws be silver he shall also countermarch, but if it be gold he shall take his place upon a form set across the pavilion, with his face toward the lord high sheriff, who shall be seated in the middle of the pavilion, with certain clerks by him, one of which shall write down the names of every elector, that is, of every one that drew a gold ball at the middle urn, and in the order his ball was drawn, till the electors amount to six in number. And the first six electors, horse and foot promiscuously, are the first order of electors; the second six (still accounting them as they are drawn) the second order, the third six the third order, and the fourth six the fourth order of electors; every elector having place in his order, according to the order wherein he was drawn. But so soon as the first order of electors is complete, the lord high sheriff shall send them with a copy of the following list, and a clerk that understands the ballot, immediately to a little tent standing before the pavilion in his eye, to which no other person but themselves, during the election, shall approach. The list shall be written in this manner:
Anno Domini
THE LIST OF THE PRIME MAGNITUDE, OR FIRST DAY’S ELECTION OF MAGISTRATES
1. The Lord High Sheriff, Commander-in-Chief, 2. Lord Lieutenant,
3. Lord Custos Rotulorum, Muster-Master-General, 4. The Conductor, being Quarter-master General, 5. The First Censor,
6. The Second Censor,
Of the tribe of Nubia, containing at the present muster 700 horse and 1,500 foot, in all 22,000 deputies.
“And the electors of the first band or order, being six, shall each of them name to his respective magistracy in the left such as are not already elected in the hundreds, till one competitor be chosen to every magistracy in the list by the ballot of the electors of the first order, which done, the list with the competitors thereunto annexed shall be returned to the lord high sheriff by the clerk attending that order, but the electors shall keep their places; for they have already given their suffrage, and may not enter into the ballot of the tribe. If there arises any dispute in an order of electors, one of the censors or sub-censors appointed by them in case they be electors, shall enter into the tent of that order, and that order shall stand to his judgment in the decision of the controversy. The like shall be done exactly by each other order of electors, being sent as they are drawn, each with another copy of the same list, into a distinct tent, till there be returned to the lord high sheriff four competitors to every magistracy in the list; that is to say, one competitor elected to every office in every one of the four orders, which competitors the lord high sheriff shall cause to be pronounced or read by a crier to the congregation, and the congregation having heard the whole lists repeated, the names shall be put by the lord high sheriff to the tribe, one by one, beginning with the first competitor in the first order, thence proceeding to the first competitor in the second order, and so to the first in the third and fourth orders. And the suffrages being taken in boxes by boys (as has been already shown) shall be poured into the bowls standing before the censors, who shall be seated at each end of the table in the pavilion, the one numbering the affirmatives and the other the negatives, and he of the four competitors to the first magistracy that has most above half the suffrages of the tribe in the affirmative, is the first magistrate. The like is to be done successively by the rest of the competitors in their order. But because soon after the boxes are sent out for the first name, there be others sent out for the second, and so for the third, etc., by which means divers names are successively at one and the same time in balloting; the boy that carries a box shall sing or repeat continually the name of the competitor for whom that box is carrying, with that also of the magistracy to which he is proposed. A magistrate of the tribe happening to be an elector, may substitute any one of his own order to execute his other function. The magistrates of the prime magnitude being thus elected, shall receive the present charge of the tribe.”
If it be objected against this order that the magistrates to be elected by it will be men of more inferior rank than those of the hundreds, in regard that those are chosen first, it may be remembered that so were the burgesses in the former government, nevertheless the knights of the shire were men of greater quality; and the election at the hundred is made by a council of electors, of whom less cannot be expected than the discretion of naming persons fittest for those capacities, with an eye upon these to be elected at the tribe. As for what may be objected in point of difficulty, it is demonstrable by the foregoing orders, that a man might bring 10,000 men, if there were occasion, with as much ease, and as suddenly to perform the ballot, as he can make 5,000 men, drawing them out by double files, to march a quarter of a mile. But because at this ballot, to go up and down the field, distributing the linen pellets to every man, with which he is to ballot or give suffrage, would lose a great deal of time, therefore a man’s wife, his daughters, or others, make him his provision of pellets before the ballot, and he comes into the field with a matter of a score of them in his pocket. And now I have as good as done with the sport. The next is —
The eleventh order, “Explaining the duties and functions of the magistrates contained in the list of the prime magnitude, and those of the hundreds, beginning with the lord high sheriff, who, over and above his more ancient offices, and those added by the former order, is the first magistrate of the phylarch, or prerogative troop. The lord lieutenant, over and above his duty mentioned, is commander-in-chief of the musters of the youth, and second magistrate of the phylarch. The custos rotulorum is to return the yearly muster-rolls of the tribe, as well that of the youth as of the elders, to the rolls in emporium, and is the third magistrate of the phylarch. The censors by themselves and their sub-censors, that is, the overseers of the parishes, are to see that the respective laws of the ballot be observed in all the popular assemblies of the tribe. They have power also to put such national ministers, as in preaching shall intermeddle with matters of government, out of their livings, except the party appeals to the phylarch, or to the Council of Religion, where in that case the censors shall prosecute. All and every one of these magistrates, together with the justices of peace, and the jurymen of the hundreds, amounting in the whole number to threescore and six, are the prerogative troop or phylarch of the tribe.
“The function of the phylarch or prerogative troop is fivefold:
“First, they are the council of the tribe, and as such to govern the musters of the same according to the foregoing orders, having cognizance of what has passed in the congregation or elections made in the parishes or the hundreds, with power to punish any undue practices, or variation from their respective rules and orders, under an appeal to the Parliament. A marriage legitimately is to be pronounced by the parochial congregation, the muster of the hundred, or the phylarch. And if a tribe have a desire (which they are to express at the muster by their captains, every troop by his own) to petition the Parliament the phylarch, as the council, shall frame the petition in the pavilion, and propose it by clauses to the ballot of the whole tribe; and the clauses that shall be affirmed by the ballot of the tribe, and signed by the hands of the six magistrates of the prime magnitude, shall be received and esteemed by the Parliament as the petition of the tribe, and no other.
“Secondly, the phylarch has power to call to their assistance what other troops of the tribe they please (he they elders or youth, whose discipline will be hereafter directed), and with these to receive the judges itinerant in their circuits, whom the magistrates of the phylarch shall assist upon the bench, and the juries elsewhere in their proper functions according to the more ancient laws and customs of this nation.
“Thirdly, the phylarch shall hold the court called the quartersessions according to the ancient custom, and therein shall also hear causes in order to the protection of liberty of conscience, by such rules as are or shall hereafter be appointed by the Parliament.
“Fourthly, all commissions issued into the tribes by the Parliament, or by the chancery, are to be directed to the phylarch, or some of that troop, and executed by the same respectively.
“Fifthly, in the case of levies of money the Parliament shall tax the phylarchs, the phylarchs shall tax the hundreds, the hundreds the parishes, and the parishes shall levy it upon themselves. The parishes having levied the tax-money accordingly, shall return it to the officers of the hundreds, the hundred to the phylarchs, and the phylarchs to the Exchequer. But if a man has ten children living, he shall pay no taxes; if he has five living, he shall pay but half taxes; if he has been married three years, or be above twenty-five years of age, and has no child or children lawfully begotten, he shall pay double taxes. And if there happen to grow any dispute upon these or such other orders as shall or may hereto be added hereafter, the phylarchs shall judge the tribes, and the Parliament shall judge the phylarchs. For the rest, if any man shall go about to introduce the right or power of debate into any popular council or congregation of this nation, the phylarch or any magistrate of the hundred, or of the tribe, shall cause him presently to be sent in custody to the Council of War.
The part of the order relating to the rolls in Emporium being of singular use, is not unworthy to be somewhat better opened. In what manner the lists of the parishes, hundreds, and tribes are made, has been shown in their respective orders, where, after the parties are elected, they give an account of the whole number of the elders or deputies in their respective assemblies or musters; the like for this part exactly is done by the youth in their discipline (to be hereafter shown) wherefore the lists of the parishes, youth and elders, being summed up, give the whole number of the people able to bear arms, and the lists of the tribes, youth and elders, being summed up, give the whole number of the people bearing arms. This account, being annually recorded by the master of the rolls, is called the “Pillar of Nilus,” because the people, being the riches of the commonwealth, as they are found to rise or fall by the degrees of this pillar, like that river, give an account of the public harvest.
Thus much for the description of the first day’s work at the muster, which happened (as has been shown) to be done as soon as said; for as in practice it is of small difficulty, so requires it not much time, seeing the great Council of Venice, consisting of a like number, begins at twelve of the clock, and elects nine magistrates in one afternoon. But the tribe being dismissed for this night, repaired to their quarters, under the conduct of their new magistrates. The next morning returning to the field very early, the orator proceeded to —
The twelfth order, “Directing the muster of the tribe in the second day’s election, being that of the list called the galaxy; in which the censors shall prepare the urns according to the directions given in the ninth order for the second ballot; that is to say, with thirty-six gold balls in the middle urn, making four orders, and nine electors in every order, according to the number of the magistrates in the list of the galaxy, which is as follows:
1. Knight
2. Knight
To be chosen out of the horse.
3. Deputy
4. Deputy
5. Deputy
To be chosen out of the horse.
6. Deputy
7. Deputy
8. Deputy
9. Deputy
To be chosen out of the foot.
“The rest of the ballot shall proceed exactly according to that of the first day. But, forasmuch as the commonwealth demands as well the fruits of a man’s body as of his mind, he that has not been married shall not be capable of these magistracies till he be married. If a deputy already chosen to be an officer in the parish, in the hundred, or in the tribe, be afterward chosen of the galaxy, it shall be lawful for him to delegate his office in the parish, in the hundred, or in the tribe, to any one of his own order being not already chosen into office. The knights and deputies being chosen, shall he brought to the head of the tribe by the lord high sheriff, who shall administer to them this oath: ‘Ye shall well and truly observe and keep the orders and customs of this commonwealth which the people have chosen.’ And if any of them shall refuse the oath, he shall be rejected, and that competitor which had the most voices next shall be called in his place, who, if he takes the oath, shall be entered in the list; but if he also refuses the oath, he who had most voices next shall be called, and so till the number of nine out of those competitors which had most voices be sworn knights and deputies of the galaxy. (This clause, in regard to the late divisions, and to the end that no violence be offered to any man’s conscience, to be of force but for the first three years only.) The knights of the galaxy being elected and sworn, are to repair, by the Monday next ensuing to the last of March, to the Pantheon or palace of justice, situated in the metropolis of this commonwealth (except the Parliament, by reason of a contagious sickness, or some other occasion, has adjourned to another part of the nation), where they are to take their places in the Senate, and continue in full power and commission as senators for the full term of three years next ensuing the date of their election. The deputies of the galaxy are to repair by the same day (except as before excepted) to the halo situated in Emporium, where they are to be listed of the prerogative tribe, or equal representative of the people; and to continue in full power and commission as their deputies for the full term of three years next ensuing their election. But, forasmuch as the term of every magistracy or office in this commonwealth requires an equal vacation, a knight or deputy of the galaxy, having fulfilled his term of three years, shall not be re-elected into the same galaxy or any other, till he has also fulfilled his three years’ vacation.”
Whoever shall rightly consider the foregoing orders, will be as little able to find how it is possible that a worshipful knight should declare himself in ale and beef worthy to serve his country, as how my lord high sheriff’s honor, in case he were protected from the law, could play the knave. But though the foregoing orders, so far as they regard the constitution of the Senate and the people, requiring no more as to an ordinary election than is therein explained, that is but one-third part of their knights and deputies, are perfect; yet must we in this place, and as to the institution, of necessity erect a scaffold. For the commonwealth to the first creation of her councils in full number, required thrice as many as are eligible by the foregoing orders. Wherefore the orator whose aid in this place was most necessary, rightly informing the people of the reason, stayed them two days longer at the muster, and took this course. One list, containing two knights and seven deputies, he caused to be chosen upon the second day; which list being called the first galaxy, qualified the parties elected of it with power for the term of one year, and no longer: another list, containing two knights and seven deputies more, he caused to be chosen the third day, which list being called the second galaxy, qualified the parties elected of it with power for the term of two years, and no longer. And upon the fourth day he chose the third galaxy, according as it is directed by the order, empowered for three years; which lists successively falling (like the signs or constellations of one hemisphere, which setting, cause those of the other to rise) cast the great orbs of this commonwealth into an annual, triennial, and perpetual revolution.
The business of the muster being thus happily finished, Hermes de Caduceo, lord orator of the tribe of Nubia, being now put into her first rapture, caused one of the censor’s pulpits to be planted in front of the squadron, and ascending into the same, spake after this manner:
“MY LORDS, THE MAGISTRATES AND THE PEOPLE OF THE TRIBE OF NUBIA:
“We have this day solemnized the happy nuptials of the two greatest princes that are upon the earth or in nature, arms and councils, in the mutual embraces whereof consists your whole commonwealth; whose councils upon their perpetual wheelings, marches, and countermarches, create her armies, and whose armies with the golden volleys of the ballot at once create and salute her councils. There be those (such is the world at present) that think it ridiculous to see a nation exercising its civil functions in military discipline; while they, committing their buff to their servants, come themselves to hold trenchards. For what avails it such as are unarmed, or (which is all one) whose education acquaints them not with the proper use of their swords, to be called citizens? What were 2,000 or 3,000 of you, though never so well affected to your country, but naked, to one troop of mercenary soldiers? If they should come upon the field and say, ‘Gentlemen, it is thought fit that such and such men should be chosen by you,’ where were your liberty? or, ‘Gentlemen, parliaments are exceeding good, but you are to have a little patience; these times are not so fit for them,’ where were your commonwealth? What causes the monarchy of the Turks but servants in arms? What was it that begot the glorious Commonwealth of Rome but the sword in the hands of her citizens? Wherefore my glad eyes salute the serenity and brightness of this day with a shower that shall not cloud it.
“Behold the army of Israel become a commonwealth, and the Commonwealth of Israel remaining an army, with her rulers of tens and of fifties, her rulers of hundreds and thousands, drawing near (as this day throughout our happy fields) to the lot by her tribes, increased above threefold, and led up by her phylarchs or princes, to sit upon fifty thrones, judging the fifty tribes of Oceana! Or, is it Athens, breaking from her iron sepulchre, where she has been so long trampled by hosts of Janizaries? For certainly that is the voice of Theseus, having gathered his scattered Athenians into one city. This freeborn nation lives not upon the dole or bounty of one man, but distributing her annual magistracies and honors with her own hand, is herself King People — (At which the orator was awhile interrupted with shouts, but at length proceeded.) is it grave Lacedaemon in her armed tribe, divided by her oboe and her mora, which appears to chide me that I teach the people to talk, or conceive such language as is dressed like a woman, to be a fit usher of the joys of liberty into the hearts of men? is it Rome in her victorious arms (for so she held her concio or congregation) that congratulates with us, for finding out that which she could not hit on, and binding up her Comitia curiata, centuriata, and tributa, in one inviolable league of union? Or is it the great council of incomparable Venice, bowling forth by the selfsame ballot her immortal commonwealth? For, neither by reason nor by experience is it impossible that a commonwealth should be immortal; seeing the people being the materials, never die; and the form, which is motion, must, without opposition, be endless. The bowl which is thrown from your hand, if there be no rub, no impediment, shall never cease: for which cause the glorious luminaries that are the bowls of God, were once thrown forever; and next these, those of Venice. But certainly, my lords, whatever these great examples may have shown us, we are the first that have shown to the world a commonwealth established in her rise upon fifty such towers, and so garrisoned as are the tribes of Oceana, containing 100,000 elders upon the annual list, and yet but an outguard; besides her marching armies to be equal in the discipline, and in the number of her youth.
“And forasmuch as sovereign power is a necessary but a formidable creature, not unlike the powder which (as you are soldiers) is at once your safety and your danger, being subject to take fire against you as well as for you, how well and securely is she, by your galaxies so collected as to be in full