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 L100
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 hors. Deputy 4.
Deputy 5. Deputy
To be chosen out of the hors. 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 be 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 force and vigor and yet so distributed
that it is impossible you should be blown up by your
own magazine? Let them who will have it, that
power if it be confined cannot be sovereign, tell
us, whether our rivers do not enjoy a more secure and
fruitful reign within their proper banks, than if
it were lawful for them, in ravaging our harvests,
to spill themselves? whether souls, not confined to
their peculiar bodies, do govern them any more than
those of witches in their trances? whether power,
not confined to the bounds of reason and virtue, has
any other bounds than those of vice and passion? or
if vice and passion be boundless, and reason and virtue
have certain limits, on which of these thrones holy
men should anoint their sovereign? But to blow
away this dust, the sovereign power of a commonwealth
is no more bounded, that is to say straitened, than
that of a monarch; but is balanced. The eagle
mounts not to her proper pitch, if she be bounded,
nor is free if she be not balanced. And lest a
monarch should think he can reach further with his
sceptre, the Roman eagle upon such a balance spread
her wings from the ocean to Euphrates. Receive
the sovereign power; you have received it, hold it
fast, embrace it forever in your shining arms.
The virtue of the loadstone is not impaired or limited,
but receives strength and nourishment, by being bound
in iron. And so giving your lordships much joy,
I take my leave of this tribe.”
The orator descending, had the period
of his speech made with a vast applause and exultation
of the whole tribe, attending him for that night to
his quarter, as the phylarch with some commanded troops
did the next day to the frontiers of the tribe, where
leave was taken on both sides with more tears than
grief.
So a tribe is the third division of
land occasioned by the third collection of the people,
whose functions proper to that place are contained
in the five foregoing orders.
The institution of the commonwealth
was such as needed those props and scaffolds which
may have troubled the reader; but I shall here take
them away, and come to the constitution which stands
by itself, and yields a clearer prospect.
The motions, by what has been already
shown, are spherical; and spherical motions have their
proper centre, for which cause (ere I proceed further)
it will be necessary, for the better understanding
of the whole, that I discover the centre whereupon
the motions of this commonwealth are formed.
The centre, or basis of every government,
is no other than the fundamental laws of the same.
Fundamental laws are such as state
what it is that a man, and what the means may call
his own, that is to say, property; be whereby a man
may enjoy his own, that is to say, protection.
The first is also called dominion, and the second
empire or sovereign power, whereof this (as has been
shown) is the natural product of the former, for such
as is the balance of dominion in a nation, such is
the nature of its empire.
Wherefore the fundamental laws of
Oceana, or the centre of this commonwealth, are the
agrarian and the ballot: the agrarian by the
balance of dominion preserving equality in the root;
and the ballot by an equal rotation conveying it into
the branch, or exercise of sovereign power, as, to
begin with the former, appears by
The thirteenth order, “Constituting
the agrarian laws of Oceana, Marpesia, and Panopea,
whereby it is ordained, first, for all such lands
as are lying and being within the proper territories
of Oceana, that every man who is at present possessed,
or shall hereafter be possessed, of an estate in land
exceeding the revenue of L2,000 a year, and having
more than one son, shall leave his lands either equally
divided among them, in case the lands amount to above
L2,000 a year to each, or so near equally, in case
they come under, that the greater part or portion
of the same remaining to the eldest exceed not the
value of L2,000 revenue. And no man, not in present
possession of lands above the value of L2,000 by the
year, shall receive, enjoy (except by lawful inheritance)
acquire, or, purchase to himself lands within the said
territories, amounting, with those already in his possession,
above the said revenue. And if a man has a daughter
or daughters, except she be an heiress or they be
heiresses, he shall not leave or give to any.
One of them in marriage, or otherwise, for her portion,
above the value of L1,500 in lands, goods, and moneys.
Nor shall any friend, kinsman, or kinswoman add to
her or their portion or portions that are so provided
for, to make any one of them greater. Nor shall
any man demand or have more in marriage with any woman.
Nevertheless an heiress shall enjoy her lawful inheritance,
and a widow, whatsoever the bounty or affection of
her husband shall bequeath to her, to be divided in
the first generation, wherein it is divisible according
as has been shown.
“Secondly, for lands lying and
being within the territories of Marpesia, the agrarian
shall hold in all parts as it is established in Oceana,
except only in the standard or proportion of estates
in land, which shall be set for Marpesia, at L500.
And,
“Thirdly, for Panopea, the agrarian
shall hold in all parts, as in Oceana. And whosoever
possessing above the proportion allowed by these laws,
shall be lawfully convicted of the same, shall forfeit
the overplus to the use of the State.”
Agrarian laws of all others have ever
been the greatest bugbears, and so in the institution
were these, at which time it was ridiculous to see
how strange a fear appeared in everybody of that which,
being good for all, could hurt nobody. But instead
of the proof of this order, I shall out of those many
debates that happened ere it could be passed, insert
two speeches that were made at the Council of legislators,
the first by the Right Honorable Philautus de Garbo,
a young man, being heir-apparent to a very noble family,
and one of the councillors, who expressed himself
as follows:
“May it please your Highness, my Lord Archon
of Oceana.
“If I did not, to my capacity,
know from how profound a councillor I dissent, it
would certainly be no hard task to make it as light
as the day. First, that an agrarian is altogether
unnecessary; secondly, that it is dangerous to a commonwealth;
thirdly, that it is insufficient to keep out monarchy;
fourthly, that it ruins families; fifthly, that it
destroys industry; and last of all, that though it
were indeed of any good use, it will be a matter of
such difficulty to introduce in this nation, and so
to settle that it may be lasting, as is altogether
invincible.
“First, that an agrarian is
unnecessary to a commonwealth, what clearer testimony
can there be than that the commonwealths which are
our contemporaries (Venice, to which your Highness
gives the upper hand of all antiquity, being one)
have no such thing? And there can be no reason
why they have it not, seeing it is in the sovereign
power at any time to establish such an order, but
that they need it not; wherefore no wonder if Aristotle,
who pretends to be a good commonwealths man, has long
since derided Phaleas, to whom it was attributed by
the Greeks, for his invention.
“Secondly, that an agrarian
is dangerous to a commonwealth is affirmed upon no
slight authority seeing Machiavel is positive
that it was the dissension which happened about the
agrarian that caused the destruction of Rome; nor
do I think that it did much better in Lacedaemon, as
I shall show anon.
“Thirdly, that it is insufficient
to keep out monarchy cannot without impiety be denied,
the holy Scriptures bearing witness that the Commonwealth
of Israel, notwithstanding her agrarian, submitted
her neck to the arbitrary yoke of her princes.
“Fourthly, therefore, to come
to my next assertion, that it is destructive to families:
this also is so apparent, that it needs pity rather
than proof. Why alas, do you bind a nobility (which
no generation shall deny to have been the first that
freely sacrificed their blood to the ancient liberties
of this people) on an unholy altar? Why are the
people taught that their liberty, which, except our
noble ancestors had been born, must have long since
been buried, cannot now be born except we be buried?
A commonwealth should have the innocence of the dove.
Let us leave this purchase of her birth to the serpent,
which eats itself out of the womb of its mother.
“Fifthly but it may be said,
perhaps, that we are fallen from our first love, become
proud and idle. It is certain, my lords, that
the hand of God is not upon us for nothing. But
take heed how you admit of such assaults and sallies
upon men’s estates, as may slacken the nerve
of labor, and give others also reason to believe that
their sweat is vain; or else, whatsoever be pretended,
your agrarian (which is my fifth assertion) must indeed
destroy industry. For, that so it did in Lacedaemon
is most apparent, as also that it could do no otherwise,
where every man having his forty quarters of barley,
with wine proportionable, supplied him out of his
own lot by his laborer or helot; and being confined
in that to the scantling above which he might not
live, there was not any such thing as a trade, or other
art, except that of war, in exercise. Wherefore
a Spartan, if he were not in arms, must sit and play
with his Angers, whence ensued perpetual war, and,
the estate of the city being as little capable of
increase as that of the citizens, her inevitable ruin.
Now what better ends you can propose to yourselves
in the like ways, I do not so well see as I perceive
that there may be worse; for Lacedaemon yet was free
from civil war: but if you employ your citizens
no better than she did, I cannot promise you that
you shall fare so well, because they are still desirous
of war that hope that it may be profitable to them;
and the strongest security you can give of peace,
is to make it gainful. Otherwise men will rather
choose that whereby they may break your laws, than
that whereby your laws may break them. Which
I speak not so much in relation to the nobility or
such as would be holding, as to the people or them
that would be getting; the passion in these being
so much the stronger, as a man’s felicity is
weaker in the fruition of things, than in their prosecution
and increase.
“Truly, my lords, it is my fear,
that by taking of more hands, and the best from industry,
you will farther endamage it, than can be repaired
by laying on a few, and the worst; while the nobility
must be forced to send their sons to the plough, and,
as if this were not enough, to marry their daughters
also to farmers.
“Sixthly, but I do not see (to
come to the last point) how it is possible that this
thing should be brought about, to your good I mean,
though it may to the destruction of many. For
that the agrarian of Israel, or that of Lacedaemon,
might stand, is no such miracle; the lands, without
any consideration of the former proprietor, being
surveyed and cast into equal lots, which could neither
be bought, nor sold, nor multiplied: so that
they knew whereabout to have a man. But in this
nation no such division can be introduced, the lands
being already in the hands of proprietors, and such
whose estates lie very rarely together, but mixed
one with another being also of tenures in nature so
different, that as there is no experience that an agrarian
was ever introduced in such a case, so there is no
appearance how or reason why it should: but that
which is against reason and experience is impossible.”
The case of my Lord Philautus was
the most concerned in the whole nation; for he had
four younger brothers, his father being yet living,
to whom he was heir of L10,000 a year. Wherefore
being a man both of good parts and esteem, his words
wrought both upon men’s reason and passions,
and had borne a stroke at the head of the business,
if my Lord Archon had not interposed the buckler in
this oration:
“My lords, the legislators
of Oceana:
“My Lord Philautus has made
a thing which is easy to seem hard; if the thanks
were due to his eloquence, it would be worthy of less
praise than that he owes it to his merit, and the
love he has most deservedly purchased of all men:
nor is it rationally to be feared that he who is so
much beforehand in his private, should be in arrear
in his public, capacity. Wherefore, my lord’s
tenderness throughout his speech arising from no other
principle than his solicitude lest the agrarian should
be hurtful to his country, it is no less than my duty
to give the best satisfaction I am able to so good
a patriot, taking every one of his doubts in the order
proposed. And,
“First, whereas my lord, upon
observation of the modern commonwealths, is of opinion
that an agrarian is not necessary: it must be
confessed that at the first sight of them there is
some appearance favoring his assertion, but upon accidents
of no precedent to us. For the commonwealths
of Switzerland and Holland, I mean of those leagues,
being situated in countries not alluring the inhabitants
to wantonness, but obliging them to universal industry,
have an implicit agrarian in the nature of them:
and being not obnoxious to a growing nobility (which,
as long as their former monarchies had spread the wing
over them, could either not at all be hatched, or
was soon broken) are of no example to us, whose experience
in this point has been to the contrary. But what
if even in these governments there be indeed an explicit
agrarian? For when the law commands an equal
or near equal distribution of a man’s estate
in land among his children, as it is done in those
countries, a nobility cannot grow; and so there needs
no agrarian, or rather there is one. And for
the growth of the nobility in Venice (if so it be,
for Machiavel observes in that republic, as a
cause of it, a great mediocrity of estates) it is
not a point that she is to fear, but might study, seeing
she consists of nothing else but nobility, by which,
whatever their estates suck from the people, especially
if it comes equally, is digested into the better blood
of that commonwealth, which is all, or the greatest,
benefit they can have by accumulation. For how
unequal soever you will have them to be in their incomes,
they have officers of the pomp, to bring them equal
in expenses, or at least in the ostentation or show
of them. And so unless the advantage of an estate
consists more in the measure than in the use of it,
the authority of Venice does but enforce our agrarian;
nor shall a man evade or elude the prudence of it,
by the authority of any other commonwealth.
“For if a commonwealth has been
introduced at once, as those of Israel and Lacedaemon,
you are certain to find her underlaid with this as
the main foundation; nor, if she is obliged more to
fortune than prudence, has she raised her head without
musing upon this matter, as appears by that of Athens,
which through her defect in this point, says Aristotle,
introduced her ostracism, as most of the democracies
of Greece. But, not to restrain a fundamental
of such latitude to any one kind of government, do
we not yet see that if there be a sole landlord of
a vast territory, he is the Turk? that if a few landlords
overbalance a populous country, they have store of
servants? that if a people be in an equal balance,
they can have no lords? that no government can otherwise
be erected, than upon some one of these foundations?
that no one of these foundations (each being else
apt to change into some other) can give any security
to the government, unless it be fixed? that through
the want of this fixation, potent monarchy and commonwealths
have fallen upon the heads of the people, and accompanied
their own sad ruins with vast effusions of innocent
blood? Let the fame, as was the merit of the
ancient nobility of this nation, be equal to or above
what has been already said, or can be spoken, yet
have we seen not only their glory but that of a throne,
the most indulgent to and least invasive for so many
ages upon the liberty of a people that the world has
known, through the mere want of fixing her foot by
a proportionable agrarian upon her proper foundation,
to have fallen with such horror as has been a spectacle
of astonishment to the whole earth. And were it
well argued from one calamity, that we ought not to
prevent another? Nor is Aristotle so good a commonwealths
man for deriding the invention of Phaleas as in recollecting
himself, where he says that democracies, when a less
part of their citizens overtop the rest in wealth,
degenerate into oligarchies and principalities;
and, which comes nearer to the present purpose, that
the greater part of the nobility of Tarentum coming
accidentally to be ruined, the government of the few
came by consequence to be changed into that of the
many.
“These things considered, I
cannot see how an agrarian, as to the fixation or
security of a government, can be less than necessary.
And if a cure be necessary, it excuses not the patient,
his disease being otherwise desperate, that it is
dangerous; which was the case of Rome, not so stated
by Machiavel, where he says, that the strife about
the agrarian caused the destruction of that commonwealth.
As if when a senator was not rich (as Crassus held)
except he could pay an army, that commonwealth could
expect nothing but ruin whether in strife about the
agrarian, or without it. ‘Of late,’
says Livy, ’riches have introduced avarice,
and voluptuous pleasures abounding have through lust
and luxury begot a desire of lasting and destroying
all good orders.’ if the greatest security of
a commonwealth consists in being provided with the
proper antidote against this poison, her greatest danger,
must be from the absence of an agrarian, which is
the whole truth of the Roman example. For the
Laconic, I shall reserve the further explication of
it, as my lord also did, to another place; and first
see whether an agrarian proportioned to a popular
government be sufficient to keep out monarchy.
My lord is for the negative, and fortified by the people
of Israel electing a king. To which I say that
the action of the people therein expressed is a full
answer to the objection of that example; for the monarchy
neither grew upon them, nor could; by reason of the
agrarian, possibly have invaded them, if they had
not pulled it upon themselves by the election of a
king. Which being an accident, the like whereof
is not to be found in any other people so planted,
nor in this till, as it is manifest, they were given
up by God to infatuation (for says he to Samuel, ’They
have not rejected thee, but they have rejected me,
that I should not reign over them,), has something
in it which is apparent, by what went before, to have
been besides the course of nature, and by what followed.
“For the King having no other
foundation than the calamities of the people, so often
beaten by their enemies, that despairing of themselves
they were contented with any change, if he had peace
as in the days of Solomon, left but a slippery throne
to his successor, as appeared by Rehoboam. And
the agrarian, notwithstanding the monarchy thus introduced,
so faithfully preserved the root of that commonwealth,
that it shot forth oftener and by intervals continued
longer than any other government, as may be computed
from the institution of the same by Joshua, 1,465
years before Christ, to the total dissolution of it,
which happened in the reign of the emperor Adrian,
135 years after the incarnation. A people planted
upon an equal agrarian, and holding to it, if they
part with their liberty, must do it upon good-will,
and make but a bad title of their bounty. As
to instance yet further in that which is proposed
by the present order to this nation, the standard whereof
is at L2,000 a year; the whole territory of Oceana
being divided by this proportion, amounts to 5,000
lots. So the lands of Oceana being thus distributed,
and bound to this distribution, can never fall to fewer
than 5,000 proprietors. But 5,000 proprietors
so seized will not agree to break the agrarian, for
that were to agree to rob one another; nor to bring
in a king, because they must maintain him, and can
have no benefit by him; nor to exclude the people,
because they can have as little by that, and must
spoil their militia. So the commonwealth continuing
upon the balance proposed, though it should come into
5,000 hands, can never alter, and that it should ever
come into 5,000 hands is as improbable as anything
in the world that is not altogether impossible.
“My lord’s other considerations
are more private, as that, this order destroys families;
which is as if one should lay the ruin of some ancient
castle to the herbs which usually grow out of them,
the destruction of those families being that indeed
which naturally produced this order. For we do
not now argue for that which we would have, but for
that which we are already possessed of, as would appear
if a note were but taken of all such as have at this
day above L2,000 a year in Oceana. If my lord
should grant (and I will put it with the most) that
they who are proprietors in land, exceeding this proportion,
exceed not 300, with what brow can the interest of
so few be balanced with that of the whole nation?
or rather, what interest have they to put in such a
balance? they would live as they had been accustomed
to do; who hinders them? they would enjoy their estates;
who touches them? they would dispose of what they
have according to the interest of their families;
it is that which we desire. A man has one son,
let him be called; would he enjoy his father’s
estate? it is his, his son’s, and his son’s
son’s after him. A man has five sons, let
them be called; would they enjoy their father’s
estate? It is divided among them; for we have
four votes for one in the same family, and therefore
this must be the interest of the family, or the family
knows not its own interest. If a man shall dispute
otherwise, he must draw his arguments from custom and
from greatness, which was the interest of the monarchy,
not of the family; and we are now a commonwealth.
If the monarchy could not bear with such divisions
because they tendered to a commonwealth, neither can
a commonwealth connive at such accumulations because
they tend to a monarchy. If the monarchy might
make bold with so many for the good of one, we may
make bold with one for the good of so many, nay, for
the good of all.
“My lords, it comes into my
mind, that which upon occasion of the variety of parties
enumerated in our late civil wars, was said by a friend
of mine coming home from his travels, about the latter
end of these troubles; that he admired how it came
to pass, that younger brothers, especially being so
many more in number than their elder did not unite
as one man against a tyranny, the like whereof has
not been exercised in any other nation. And truly,
when I consider that our countrymen are none of the
worst-natured, I must confess I marvel much how it
comes to pass that we should use our children as we
do our puppies take one, lay it in the
lap, feed it with every good bit, and drown five;
nay, yet worse, forasmuch as the puppies are once drowned,
whereas the children are left perpetually drowning.
Really, my lords, it is a flinty custom! and all this
for his cruel ambition, that would raise himself a
pillar a golden pillar for his monument, though he
has children, his own reviving flesh, and a kind of
immortality. And this is that interest of a family,
for which we are to think ill of a government that
will not endure it. But quiet ourselves; the land
through which the river Nilus wanders in one stream,
is barren; but where it parts into seven, it multiplies
its fertile shores by distributing, yet keeping and
improving, such a propriety and nutrition, as is a
prudent agrarian to a well-ordered commonwealth.
“Nor (to come to the fifth assertion)
is a political body rendered any fitter for industry
by having one gouty and another withered leg, than
a natural. It tends not to the improvement of
merchandise that there be some who have no need of
their trading, and others that are not able to follow
it. If confinement discourages industry, an estate
in money is not confined, and lest industry should
want whereupon to work, land is not engrossed or entailed
upon any man, but remains at its devotion. I
wonder whence the computation can arise, that this
should discourage industry. Two thousand pounds
a year a man may enjoy in Oceana, as much in Panopea,
L500 in Marpesia; there be other plantations, and the
commonwealth will have more. Who knows how far
the arms of our agrarian may extend themselves? and
whether he that might have left a pillar, may not
leave a temple of many pillars to his more pious memory?
Where there is some measure in riches, a man may be
rich, but if you will have them to be infinite, there
will be no end of starving himself, and wanting what
he has: and what pains does such a one take to
be poor Furthermore, if a man shall think that there
may be an industry less greasy or more noble, and
so cast his thoughts upon the commonwealth, he will
have leisure for her and she riches and honors for
him; his sweat shall smell like Alexander’s.
My Lord Philautus is a young man who, enjoying his
L10,000 a year, may keep a noble house in the old way,
and have homely guests; and having but two, by the
means proposed, may take the upper hand of his great
ancestors; with reverence to whom, I may say, there
has not been one of them would have disputed his place
with a Roman consul.
“My lord, do not break my heart;
the nobility shall go to no other ploughs than those
which we call our consuls. But, says he, it having
been so with Lacedaemon, that neither the city nor
the citizens were capable of increase, a blow was
given by that agrarian, which ruined both. And
what are we concerned with that agrarian, or that blow
while our citizens and our city (and that by our agrarian)
are both capable of increase? The Spartan, if
he made a conquest, had no citizens to hold it; the
Oceaner will have enow. The Spartan could have
no trade; the Oceaner may have all. The agrarian
in Laconia, that it might bind on knapsacks, forbidding
all other arts but that of war, could not make an
army of above 30,000 citizens. The agrarian in
Oceana, without interruption of traffic, provides
us in the fifth part of the youth an annual source
or fresh spring of 100,000, besides our provincial
auxiliaries, out of which to draw marching armies;
and as many elders, not feeble, but men most of them
in the flower of their age, and in arms for the defence
of our territories. The agrarian in Laconia banished
money, this multiplies it; that allowed a matter of
twenty or thirty acres to a man, this 2,000 or 3,000;
there is no comparison between them. And yet
I differ so much from my lord, or his opinion that
the agrarian was the ruin of Lacedaemon, that I hold
it no less than demonstrable to have been her main
support. For if, banishing all other diversions,
it could not make an army of above 30,000, then, letting
in all other diversions, it must have broken that
army. Wherefore Lysander, bringing in the golden
spoils of Athens, irrevocably ruined that commonwealth;
and is a warning to us, that in giving encouragement
to industry, we also remember that covetousness is
the root of all evil. And our agrarian can never
be the cause of those séditions threatened by
my lord, but is the proper cure of them, as Lucan notes
well in the state of Rome before the civil wars, which
happened through the want of such an antidote.
“Why then are we mistaken, as
if we intended not equal advantages in our commonwealth
to either sex, because we would not have women’s
fortunes consist in that metal which exposes them
to cutpurses? If a man cuts my purse I may have
him by the heels or by the neck for it; whereas a man
may cut a woman’s purse, and have her for his
pains in fetters. How brutish, and much more
than brutish, is that commonwealth which prefers the
earth before the fruits of the womb? If the people
be her treasure, the staff by which she is sustained
and comforted, with what justice can she suffer them,
by whom she is most enriched, to be for that cause
the most impoverished? And yet we see the gifts
of God, and the bounties of heaven in fruitful families,
through this wretched custom of marrying for money,
become their insupportable grief and poverty.
Nor falls this so heavy upon the lower sort, being
better able to shift for themselves, as upon the nobility
or gentry. For what avails it in this case, from
whence their veins have derived their blood; while
they shall see the tallow of a chandler sooner converted
into that beauty which is required in a bride?
I appeal, whether my Lord Philautus or myself be the
advocate of nobility; against which, in the case proposed
by me, there would be nothing to hold the balance.
And why is a woman, if she may have but L1,500, undone?
If she be unmarried, what nobleman allows his daughter
in that case a greater revenue than so much money may
command? And if she marry, no nobleman can give
his daughter a greater portion than she has.
Who is hurt in this case? nay, who is not
benefited? If the agrarian gives us the sweat
of our brows without diminution; if it prepares our
table; if it makes our cup to overflow, and above all
this, in providing for our children, anoints our heads
with that oil which takes away the greatest of worldly
cares; what man, that is not besotted with a covetousness
as vain as endless, can imagine such a constitution
to be his poverty? Seeing where no woman can be
considerable for her portion, no portion will be considerable
with a woman; and so his children will not only find
better preferments without his brokage, but more freedom
of their own affections. “We are wonderful
severe in laws, that they shall not marry without
our consent, as if it were care and tenderness over
them; but is it not lest we should not have the other
L1,000 with this son, or the other L100 a year more
in jointure for that daughter? These, when we
are crossed in them, are the sins for which we water
our couch with tears, but not of penitence. Seeing
whereas it is a mischief beyond any that we can do
to our enemies, we persist to make nothing of breaking
the affection of our children. But there is in
this agrarian a homage to pure and spotless love,
the consequence whereof I will not give for all your
romances. An alderman makes not his daughter
a countess till he has given her L20,000, nor a romance
a considerable mistress till she be a princess; these
are characters of bastard love. But if our agrarian
excludes ambition and covetousness, we shall at length
have the care of our own breed, in which we have been
curious as to our dogs and horses. The marriage-bed
will be truly legitimate, and the race of the commonwealth
not spurious. But (impar magnanimis ausis,
imparque dolori) I am hurled from all my hopes by my
lord’s last assertion of impossibility, that
the root from whence we imagine these fruits should
be planted or thrive in this soil. And why?
Because of the mixture of estates and variety of tenures.
Nevertheless, there is yet extant in the Exchequer
an old survey of the whole nation; wherefore such
a thing is not impossible. Now if a new survey
were taken at the present rates, and the law made
that no man should hold hereafter above so much land
as is valued therein at L2,000 a year, it would amount
to a good and sufficient agrarian. It is true
that there would remain some difficulty in the different
kind of rents, and that it is a matter requiring not
only more leisure than we have, but an authority which
may be better able to bow men to a more general consent
than is to be wrought out of them by such as are in
our capacity. Wherefore as to the manner, it
is necessary that we refer it to the Parliament; but
as to the matter, they cannot otherwise fix their
government upon the right balance.
“I shall conclude with a few
words to some parts of the order, which my lord has
omitted. As first to the consequences of the agrarian
to be settled in Marpesia, which irreparably breaks
the aristocracy of that nation; being of such a nature,
as standing, it is not possible that you should govern.
For while the people of that country are little better
than the cattle of the nobility, you must not wonder
if, according as these can make their markets with
foreign princes, you find those to be driven upon
your grounds. And if you be so tender, now you
have it in your power, as not to hold a hand upon
them that may prevent the slaughter which must otherwise
ensue in like cases, the blood will lie at your door.
But in holding such a hand upon them, you may settle
the agrarian; and in settling the agrarian, you give
that people not only liberty, but lands; which makes
your protection necessary to their security; and their
contribution due to your protection, as to their own
safety.
“For the agrarian of Panopea,
it allowing such proportions of so good land, men
that conceive themselves straitened by this in Oceana,
will begin there to let themselves forth, where every
citizen will in time have his villa. And there
is no question, but the improvement of that country
by this means must be far greater than it has been
in the best of former times. I have no more to
say, but that in those ancient and heroic ages (when
men thought that to be necessary which was virtuous)
the nobility of Athens, having the people so much engaged
in their debt that there remained no other question
among these than which of those should be king, no
sooner heard Solon speak than they quitted their debts,
and restored the commonwealth; which ever after held
a solemn and annual feast called the Sisacthia, or
Recision, in memory of that action. Nor is this
example the phoenix; for at the institution by Lycurgus,
the nobility having estates (as ours here) in the lands
of Laconia, upon no other valuable consideration than
the commonwealth proposed by him, threw them up to
be parcelled by his agrarian. But now when no
man is desired to throw up a farthing of his money,
or a shovelful of his earth, and that all we can do
is but to make a virtue of necessity, we are disputing
whether we should have peace or war. For peace
you cannot have without some government, nor any government
without the proper balance. Wherefore if you will
not fix this which you have, the rest is blood, for
without blood you can bring in no other.”
By these speeches made at the institution
of the agrarian you may perceive what were the grounds
of it. The next is
The fourteenth order, “Constituting
the ballot of Venice, as it is fitted by several alterations,
and appointed to every assembly, to be the constant
and only way of giving suffrage in this commonwealth,
according to the following scheme.”
I shall endeavor by the following
figure to demonstrate the manner of the Venetian ballot
(a thing as difficult in discourse or writing, as
facile in practice) according to the use of it in Oceana.
The whole figure represents the Senate, containing,
as to the house or form of sitting, a square and a
half; the tribunal at the upper end being ascended
by four steps. On the uppermost of these sit the
magistrates that constitute the signory of the commonwealth,
that is to say, A the strategus; B the orator; C the
three commissioners of the great seal; D the three
commissioners of the Treasury, whereof one, E, exercises
for the present the office of a censor at the middle
urn, F To the two upper steps of the tribunal answer
G, G-G, G, the two long benches next the wall on each
side of the house; the outwardmost of which are equal
in height to the uppermost step, and the innermost
equal in height to the next. Of these four benches
consists the first seal; as the second seat consists
in like manner of those four benches H, H-H, H, which
being next the floor, are equal in height to the two
nethermost steps of the throne. So the whole
house is distributed into two seats, each consisting
of four benches.
This distribution causes not only
the greater conveniency; as will be shown, to the
senators in the exercise of their function at the ballot,
but a greater grace to the aspect of the Senate.
In the middle of the outward benches stand I, 12 the
chairs of the censors, those being their ordinary
places, though upon occasion of the ballot they descend,
and sit where they are shown by K, K at each of the
outward urns L, L. Those M, M that sit with their
tables, and the bowls N, N before them, upon the halfspace
or second step of the tribunal from the floor, are
the clerks or secretaries of the house. Upon
the short seats O, O on the floor (which should have
been represented by woolsacks) sit: P, the two
tribunes of the horse. Q, the two tribunes of
the foot; and R, R-R, R the judges, all which magistrates
are assistants, but have no suffrage. This posture
of the Senate considered, the ballot is performed as
follows:
First, whereas the gold balls are
of several suits, and accordingly marked with several
letters of the alphabet, a secretary presents a little
urn (wherein there is one ball of every suit or mark)
to the strategus and the orator; and look what letter
the strategus draws, the same and no other is to be
used for that time in the middle urn F; the like for
the letter drawn by the orator is to be observed for
the side urns L, L, that is to say if the strategus
drew a ball with an A, all the gold balls in the middle
urn for that day are marked with the letter A; and
if the orator drew a B, all the gold balls in the side
urn for that day are marked with the letter B, which
done immediately before the ballot, and so the letter
unknown to the ballotants, they can use no fraud or
juggling; otherwise a man might carry a gold ball in
his hand, and seem to have drawn it out of an urn.
He that draws a gold ball at any urn, delivers it
to the censor or assessor of that urn, who views the
character, and allows accordingly of his lot.
The strategus and the orator having
drawn for the letters, the urns are prepared accordingly
by one of the commissioners and the two censors.
The preparation of the urns is After this manner.
If the Senate be to elect, for example, the list called
the tropic of magistrates, which is this:
1. The Lord Strategus;
2. The Lord Orator;
3. The Third Commissioner of the Great Seal;
4. The Third Commissioner of the Treasury;
5. The First Censor;
6. The Second Censor;
this list or schedule consists of
six magistracies, and to every magistracy there are
to be four competitors; that is, in all four-and-twenty
competitors proposed to the house. They that are
to propose the competitors are called electors, and
no elector can propose above one competitor:
wherefore for the proposing of four-and-twenty competitors
you must have four-and-twenty electors; and whereas
the ballot consists of a lot and of a suffrage, the
lot is for no other use than for the designation of
electors; and he that draws a gold ball at the middle
urn is an elector. Now, as to have four-and-twenty
competitors proposed, you must have four-and-twenty
electors made, so to have four-and-twenty electors
made by lot, you must have four-and-twenty gold balls
in the middle urn; and these (because otherwise it
would be no lot) mixed with a competent number of
blanks, or silver balls. Wherefore to the four-and-twenty
gold balls cast six-and-twenty silver ones, and those
(reckoning the blanks with the prizes) make fifty balls
in the middle urn. This done (because no man can
come to the middle urn that has not first drawn a
gold ball at one of the side urns) and to be sure
that the prizes or gold balls in this urn be all drawn,
there must come to it fifty persons; therefore there
must be in each of the side urns five-and-twenty gold
balls, which in both come to fifty; and to the end
that every senator may have his lot, the gold balls
in the side urns are to be made up with blanks equal
to the number of the ballotants at either urn; for
example, the house consisting of 300 senators, there
must be in each of the side urns 125 blanks and twenty-five
prizes, which come in both the side urns to 300 balls.
This is the whole mystery of preparing the urns, which
the censors having skill to do accordingly, the rest
of the ballot, whether the parties balloting understand
it or not must of necessary consequence come right;
and they can neither be out, nor fall into any confusion
in the exercise of this art.
But the ballot, as I said, is of two
parts, lot and suffrage, or the proposition and result.
The lot determines who shall propose the competitors;
and the result of the Senate, which of the competitors
shall be the magistrates. The whole, to begin
with the lot, proceeds in this manner:
The first secretary with an audible
voice reads first the list of the magistrates to be
chosen for the day, then the oath for fair election,
at which the senators hold up their hands; which done,
another secretary presents a little urn to the strategus,
in which are four balls, each of them having one of
these four inscriptions: “First seat at
the upper end,” “First seat at the lower
end,” “Second seat at the upper end,”
“Second seat at the lower end.” And
look which of them the strategus draws, the secretary
pronouncing the inscription with a loud voice, the
seat so called comes accordingly to the urns:
this in the figure is the second seat at the upper
end. The manner of their coming to the side urns
is in double files, that being two holes in the cover
of each side urn, by which means two may draw at once.
The senators therefore S, S-S, S are coming from the
upper end of their seats H, H-H, H to the side urns
L, L. The senators T T-T are drawing. The senator
V has drawn a gold ball at his side urn, and is going
to the middle urn F, where the senator W, having done
the like at the other side urn, is already drawing.
But the senators X, X-X, X having drawn blanks at their
side urns, and thrown them into the bowls Y Y standing
at the feet of the urns, are marching by the lower
end into their seats again; the senator a having done
the like at the middle urn, is also throwing his blank
into the bowl b and marching to his seat again:
for a man by a prize at a side urn gains no more than
right to come to the middle urn, where, if he draws
a blank, his fortune at the side urn comes to nothing
at all; wherefore he also returns to his place.
But the senator C has had a prize at the middle urn,
where the commissioner, having viewed his ball, and
found the mark to be right, he marches up the steps
to the seat of the electors, which is the form d set
across the tribunal, where he places himself, according
as he was drawn, with the other electors e, e, e drawn
before him. These are not to look back, but sit
with their faces toward the signory or state, till
their number amount to that of the magistrates to
be that day chosen, which for the present, as was shown,
are six: wherefore six electors being made, they
are reckoned according as they were drawn: first,
second, third, fourth, fifth, sixth, in their order,
and the first six that are chosen are the first order
of electors.
The first order of electors being
made, are conducted by a secretary, with a copy of
the list to be chosen, out of the Senate, and into
a committee or council-chamber, being neither suffered
by the way, nor in their room (till the ballot be
ended), to have conference with any but themselves;
wherefore the secretary, having given them their oath
that they shall make election according to the law
and their conscience, delivers them the list, and
seats himself at the lower end of the table with his
pen and paper, while another secretary keeps the door.
By such time as the first order of
electors are thus seated, the second order of electors
is drawn, who, with a second copy of the same list,
are conducted into another committee-chamber, by other
secretaries performing the same office with the former.
The like exactly is done by the third
and by the fourth orders (or hands, as the Venetians
call them) of electors, by which means you have the
four-and-twenty electors divided according to the four
copies of the same list, by six, into four hands or
orders; and every one of these orders names one competitor
to every magistracy in the list; that is to say, the
first elector names to the first magistracy, the second
elector to the second magistracy, and so forth.
But though the electors, as has been shown, are chosen
by mere lot, yet the competitors by them named are
not chosen by any lot, but by the suffrage of the whole
order for example, the first elector in the first
order proposes a name to be strategus, which name
is balloted by himself and the other five electors,
and if the name so balloted attain not to above half
the suffrages, it is laid aside, and the first
elector names another to the same magistracy and so
in case this also fails, another, till one he has
named, whether it be himself, or some other, has attained
to above half the suffrages in the affirmative;
and the name so attaining to above half the suffrages
in the affirmative is written to the first magistracy
in the list by the secretary which being done, the
second elector of the first order, names to ’the
second magistracy till one of his nomination be chosen
to the same. The like is done by the rest of the
electors of the first order, till one competitor be
chosen, and written to every magistracy in their list.
Now the second, third, and fourth orders of electors
doing exactly after the same manner, it comes to pass
that one competitor to every magistracy being chosen
in each order, there be in all four competitors chosen
to every magistracy.
If any controversy arises in an order
of electors, one of the censors (these being at this
game the groom-porters) is advertised by the secretary
who brings him in, and the electors disputing are bound
to acquiesce in his sentence. For which cause
it is that the censors do not ballot at the urns;
the signory also abstains, lest it should deform the
house: wherefore the blanks in the side urns are
by so many the fewer. And so much for the lot,
which is of the greater art but less consequence,
because it concerns proposition only: but all
(except the tribunes and the judges, which being but
assistants have no suffrage) are to ballot at the
result, to which I now come.
The four orders of electors having
perfected their lists, the face of the house is changed:
for the urns are taken away, and every senator and
magistrate is seated in his proper place, saving the
electors, who, having given their suffrages already,
may not stir out of their chambers till the house
have given theirs, and the rest of the ballot be performed;
which follows in this manner:
The four lists being presented by
the secretaries of each council of electors to the
signory, are first read, according to their order,
to the house, with an audible voice; and then the
competitors are put to the ballot or suffrage of the
whole Senate in this manner: A, A named to be
strategus in the first order, whereupon eight ballotins,
or pages, such as are expressed by the figures f,
f, take eight of the boxes represented, though rudely,
by the figures g, g, and go four on the one and four
on the other side of the house, that is, one to every
bench, signifying “A, A named to be the strategus
in the first order..” and every magistrate or
senator (beginning by the strategus and the orator
first) holds up a little pellet of linen, as the box
passes, between his finger and his thumb, that men
may see he has but one, and then puts it into the
same. The box consisting in the inner part of
two boxes, being painted on the outside white and
green, to distinguish the affirmative from the negative
side, is so made that when your hand is in it, no man
can see to which of the sides you put the suffrage,
nor hear to which it falls, because the pellet being
linen, makes no noise. The strategus and the
orator having begun, all the rest do the like.
The ballotins having thus gathered
the suffrages, bring them before the signory,
in whose presence the outward boxes being opened, they
take out the inner boxes, whereof the affirmative
is white, and the negative green, and pour the white
in the bowl N on the right hand, which is white also,
and the green into the bowl N on the left, which is
also green. These bowls or basins (better represented
at the lower end of the figure by h, i) being upon
this occasion set before the tables of the secretaries
at the upper end N, N, the white on the right hand,
and the green on the left, the secretaries on each
side number the balls, by which, if they find that
the affirmatives amount not to above one-half, they
write not the name that was balloted, but if they amount
to above one-half, they write it, adding the number
of above half the suffrages to which it attained.
The first name being written, or laid aside, the next
that is put is BB named to be strategus in the second
order; the third cc, named to be strategus in
the third order; the fourth DD, named to be strategus
in the fourth order and he of these four competitors
that has most above half in the affirmative, is the
magistrate; or if none of them attain to above half,
the nomination for that magistracy is to be repeated
by such new electors as shall be chosen at the next
ballot. And so, as is exemplified in the first
magistracy, proceeds the ballot of the rest; first
in the first, then in the second, and so in the third
and fourth orders.
Now whereas it may happen that AA,
for example, being named strategus in the first order,
may also be named to the same or some one or more
other magistracies in one or more of the other orders;
his name is first balloted where it is first written,
that is to the more worthy magistracy, whereof if
he misses, he is balloted as it comes in course for
the next, and so for the rest, if he misses of that,
as often as he is named.
And because to be named twice, or
oftener, whether to the same or some other magistracy,
is the stronger recommendation, the note must not fail
to be given upon the name, at the proposition in this
manner: AA named to be strategus in the first,
and in the second order, or AA named to be strategus
in the first and the third, in the first and the fourth,
etc. But if he be named to the same magistracy
in the first, second, third, and fourth orders, he
can have no competitor; wherefore attaining to above
half the suffrages, he is the magistrate.
Or thus: AA named to be strategus in the first,
to be censor in the second, to be orator in the third,
and to be commissioner of the seal in the fourth order,
or the like in more or fewer orders, in which cases
if he misses of the first magistracy, he is balloted
to the second; if he misses of the second, to the
third; and if he misses of the third, to the fourth.
The ballot not finished before sunset,
though the election of the magistrates already chosen
be good, voids the election of such competitors as
being chosen are not yet furnished with magistracies,
as if they had never been named (for this is no juggling-box,
but an art that must see the sun), and the ballot
for the remaining magistracies is to be repeated the
next day by new orders of electors, and such competitors
as by them shall be elected. And so in the like
manner, if of all the names proposed to the same magistracy,
no one of them attains to above half the suffrages
in the affirmative.
The senatorian ballot of Oceana being
thus described, those of the parish, of the hundred,
and of the tribe, being so little different, that
in this they are all contained, and by this may be
easily understood, are yet fully described, and made
plain enough before in the fifth, sixth, seventh,
eighth, ninth, and tenth orders.
This, therefore, is the general order,
whence those branches of the ballot, some whereof
you have already seen, are derived; which, with those
that follow, were all read and debated in this place
at the institution. When my Lord Epimonus de
Garrula, being one of the councillors, and having
no further patience (though the rulers were composed
by the agent of this commonwealth, residing for that
purpose at Venice) than to hear the direction for
the parishes, stood up and made way for himself in
this manner:
“May it please your highness,
my lord archon:
“Under correction of Mr. Peregrin,
Spy, our very learned agent and intelligencer, I have
seen the world a little, Venice, and (as gentlemen
are permitted to do) the great Council balloting.
And truly I must needs say, that it is for a dumb
show the goodliest that I ever beheld with my eyes.
You should have some would take it ill, as if the noble
Venetians thought themselves too good to speak to
strangers, but they observed them not so narrowly.
The truth is, they have nothing to say to their acquaintance;
or men that are in council sure would have tongues:
for a council, and not a word spoken in it, is a contradiction.
But there is such a pudder with their marching and
countermarching, as, though never a one of them draw
a sword, you would think they were training; which
till I found that they did it only to entertain strangers,
I came from among them as wise as I went thither But
in the Parliament of Oceana you had no balls nor dancing,
but sober conversation; a man might know and be known,
show his parts, and improve them. And now if you
take the advice of this same fellow, you will spoil
all with his whimsies. Mr. Speaker cry
you mercy, my Lord Archon, I mean set the
wisest man of your house in the great Council of Venice,
and you will not know him from a fool. Whereas
nothing is more certain than that flat and dull fellows
in the judgment of all such as used to keep company
with them before, upon election into our house, have
immediately chitted like barley in the vat, where
it acquires a new spirit, and flowed forth into language,
that I am as confident as I am here, if there were
not such as delight to abuse us, is far better than
Tully’s; or, let anybody but translate one of
his orations, and speak it in the house, and see if
everybody do not laugh at him.
“This is a great matter, Mr.
Speaker; they do not cant it with your book-learning,
your orbs, your centres, your prime magnitudes, and
your nebulones, things I profess that would make a
sober man run stark mad to hear them; while we, who
should be considering the honor of our country and
that it goes now or never upon our hand, whether it
shall be ridiculous to all the world, are going to
nine-holes or trow madam for our business, like your
dumb Venetian, whom this same Sir Politic your resident,
that never saw him do anything but make faces, would
insinuate to you, at this distance, to have the only
knack of state. Whereas if you should take the
pains, as I have done, to look a little nearer, you
would find these same wonderful things to be nothing
else but mere natural fopperies, or capriccios
as they call them in Italian, even of the meanest,
of that nation. For, put the case you be travelling
in Italy, ask your contadino, that is, the next
country-fellow you meet, some question, and presently
he ballots you an answer with a nod, which is affirmative;
or a shake with his head, which is the negative box;
or a shrug with his shoulder, which is the bossolo
di non sinceri. Good! You will
admire Sandys for telling you, that grotta di
cane is a miracle: and I shall be laughed
at, for assuring you, that it is nothing else but
such a damp (continued by the neighborhood of certain
sulphur mines) as through accidental heat does sometimes
happen in our coalpits. But ingratitude must
not discourage an honest man from doing good.
There is not, I say, such a tongue-tied generation
under heaven as your Italian, that you should not
wonder if he makes signs. But our people must
have something in their diurnals; we must ever and
anon be telling them our minds; or if we be at it
when we raise taxes, like those gentlemen with the
finger and the thumb, they will swear that we are
cutpurses. Come, I know what I have heard them
say, when some men had money that wrought hard enough
for it; and do you conceive they will be better pleased
when they shall be told that upon like occasions you
are at mumchance or stool-ball?
“I do not speak for myself;
for though I shall always acknowledge that I got more
by one year’s sitting in the house than by my
three years’ travels, it was not of that kind.
But I hate that this same Spy, for pretending to have
played at billiards with the most serene Commonwealth
of Venice, should make such fools of us here, when
I know that he must have had his intelligence from
some corn-cutter upon the Rialto; for a noble Venetian
would be hanged if he should keep such a fellow company.
And yet if I do not think he has made you all dote,
never trust me, my Lord Archon is sometimes in such
strange raptures. Well, good my lord, let me
be heard as well as your apple squire. Venice
has fresh blood in her cheeks, I must confess, yet
she is but an old lady. N or has he picked her
cabinet; these he sends you are none of her receipts,
I can assure you; he bought them for a Julio at St.
Mark’s of a mountebank. She has no other
wash, upon my knowledge, for that same envied complexion
of hers but her marshes, being a little better scented,
saving your presence, than a chamber-pot. My lords,
I know what I say, but you will never have done with
it, that neither the great Turk, nor any of those
little Turks her neighbors, have been able to spoil
her! Why you may as well wonder that weasels
do not suck eggs in swans’ nests. Do you
think that it has lain in the devotion of her beads;
which you that have puked so much at popery, are now
at length resolved shall consecrate M. Parson, and
be dropped by every one of his congregation, while
those same whimsical intelligences your surveyors (you
will break my heart) give the turn to your primum
mobile! And so I think they will; (for you
will find that money is the primum mobile)
and they will turn you thus out of some L300,000 or
L400,000: a pretty sum for urns and balls, for
boxes and pills, which these same quacksalvers are
to administer to the parishes; and for what disease
I marvel! Or how does it work? Out comes
a constable, an overseer, and a churchwarden!
Mr. Speaker, I am amazed!”
Never was there goose so stuck with
lard as my Lord Epimonus’s speech with laughter,
the Archon having much ado to recover himself in such
a manner as might enable him to return these thanks:
“In your whole lives, my lords,
were you never entertained with so much ingenuity,
my Lord Epimonus having at once mended all the faults
of travellers. For, first, whereas they are abominable
liars, he has not told you (except some malicious
body has misinformed him concerning poor Spy) one
syllable of falsehood. And, secondly, whereas
they never fail to give the upper hand in all their
discourses to foreign nations, still jostling their
own into the kennel, he bears an honor to his country
that will not dissolve in Cephalonia, nor be corrupted
with figs and melons, which I can assure you is an
ordinary obligation; and therefore hold it a matter
of public concern that we be to no occasion of quenching
my lord’s affections, nor is there any such great
matter between us, but, in my opinion, might be easily
reconciled, for though that which my lord gained by
sitting in the house, I steadfastly believe, as he
can affirm, was got fairly yet dare I not, nor do I
think, that upon consideration he will promise for
other gamesters, especially when they were at it so
high, as he intimates not only to have been in use,
but to be like enough to come about again. Wherefore
say I, let them throw with boxes, for unless we will
be below the politics of an ordinary, there is no
such bar to cogging, it is known to his lordship that
our game is most at a throw, and that every cast of
our dice is in our suffrages, nor will he deny
that partiality in a suffrage is downright cogging.
“If the Venetian boxes be the
most sovereign of all remedies against this same cogging,
is it not a strange thing that they should be thrown
first into the fire by a fair gamester? Men are
naturally subject to all kinds of passions; some you
have that are not able to withstand the brow of an
enemy, and others that make nothing of this, are less
proof against that of a friend. So that if your
suffrage be barefaced, I dare say you shall not have
one fair cast in twenty. But whatever a man’s
fortune be at the box, he neither knows whom to thank,
nor whom to challenge. Wherefore (that my lord
may have a charitable opinion of the choice affection
which I confess to have, above all other beauties,
for that of incomparable Venice) there is in this
way of suffrage no less than a demonstration that
it is the most pure, and the purity of the suffrage
in a popular government is the health, if not the life
of it, seeing the soul is not otherwise breathed into
the sovereign power than by the suffrage of the people.
Wherefore no wonder if Postellus be of opinion that
this use of the ball is the very same with that of
the bean in Athens, or that others, by the text concerning
Eldad and Medad, derive it from the Commonwealth of
Israel. There is another thing, though not so
material to us, that my lord will excuse me if I be
not willing to yield, which is, that Venice subsists
only by her situation. It is true that a man
in time of war may be more secure from his enemies
by being in a citadel, but not from his diseases;
wherefore the first cause, if he lives long, is his
good constitution, without which his citadel were
to little purpose, and it is not otherwise with Venice.”
With this speech of the Archon I conclude
the proof of the agrarian and the ballot, being the
fundamental laws of this commonwealth, and come now
from the centre to the circumferences or orbs, whereof
some have been already shown; as how the parishes
annually pour themselves into the hundreds, the hundreds
into the tribes, and the tribes into the galaxies;
the annual galaxy of every tribe consisting of two
knights and seven deputies, whereof the knights constitute
the Senate; the deputies, the prerogative tribe, commonly
called the people; and the Senate and people constitute
the sovereign power or Parliament of Oceana. Whereof
to show what the Parliament is, I must first open the
Senate, and then the prerogative tribe.
To begin with the Senate, of which
(as a man is differently represented by a picture
drawer and by an anatomist) I shall first discover
the face or aspect, and then the parts, with the use
of them. Every Monday morning in the summer at
seven, and in the winter at eight, the great bell
in the clock-house at the Pantheon begins, and continues
ringing for the space of one hour; in which time the
magistrates of the Senate, being attended according
to their quality, with a respective number of the
ballotins, doorkeepers, and messengers, and having
the ensigns of their magistracies borne before them,
as the sword before the strategus, the mace before
the orator, a mace with the seal before the commissioners
of the chancery, the like with the purse before the
commissioners of the treasury, and a silver wand, like
those in use with the universities, before each of
the censors, being chancellors of the same. These,
with the knights, in all 300, assemble in the house
or hall of the Senate.
The house or hall of the Senate being
situated in the Pantheon or palace of justice, is
a room consisting of a square and a half. In the
middle of the lower end is the door, at the upper
end hangs a rich state overshadowing the greater part
of a large throne, or half-pace of two stages; the
first ascended by two steps from the floor, and the
second about the middle rising two steps higher.
Upon this stand two chairs, in that on the right hand
sits the strategus, in the other the orator adorned
with scarlet robes, after the fashion that was used
by the dukes in the aristocracy. At the right
end of the upper stage stand three chairs, in which
the three commissioners of the seal are placed; and
at the other end sit the three commissioners of the
treasury, every one in a robe or habit like that of
the earls. Of these magistrates of this upper
stage consists the signory. At either end of the
lower stage stands a little table, to which the secretaries
of the Senate are set with their tufted sleeves in
the habit of civil lawyers. To the four steps,
whereby the two stages of the throne are ascended,
answer four long benches, which successively deriving
from every one of the steps, continue their respective
height, and extend themselves by the side walls toward
the lower end of the house, every bench being divided
by numeral characters into the thirty-seven parts
or places. Upon the upper benches sit the censors
in the robes of barons; the first in the middle of
the right hand bench, and the second directly opposite
to him on the other side. Upon the rest of the
benches sit the knights, who, if they be called to
the urns, distributing themselves by the figures, come
in equal files, either by the first seat, which consists
of the two upper benches on either side; or by the
second seat, consisting of the two lower benches on
either side, beginning also at the upper or at the
lower ends of the same, according to the lot whereby
they are called; for which end the benches are open,
and ascended at either end with easy stairs and large
passages.
The rest of the ballot is conformable
to that of the tribe; the censors of the house sitting
at the side urn, and the youngest magistrate of the
signory at the middle, the urns being placed before
the throne, and prepared according to the number of
the magistrates to be at that time chosen by the rules
already given to the censors of the tribes. But
before the benches of the knights on either side stands
one being shorter, and at the upper end of this sit
the two tribunes of the horse. At the upper end
of the other the two tribunes of the foot in their
arms, the rest of the benches being covered by the
judges of the land in their robes. But these
magistrates have no suffrage, nor the tribunes, though
they derive their presence in the Senate from the Romans,
nor the judges, though they derive theirs from the
ancient Senate of Oceana. Every Monday this assembly
sits of course; at other times, if there be occasion,
any magistrate of the house, by giving order for the
bell, or by his lictor or ensign-bearer, calls a senate.
And every magistrate or knight during his session
has the title, place, and honor of a duke, earl, baron,
or knight respectively And every one that has borne
the same magistracy by his third session, has his
respective place and title during the term of his
life, which is all the honor conferred by this commonwealth,
except upon the master of the ceremonies, the master
of the horse, and the king of the heralds, who are
knights by their places. And thus you have the
face of the Senate, in which there is scarce any feature
that is not Roman or Venetian; nor do the horns of
the crescent extend themselves much unlike those of
the Sanhedrim, on either hand of the prince, and of
the father of that Senate. But upon beauty, in
which every man has his fancy, we will not otherwise
philosophize than to remember that there is something
more than decency in the robe of a judge, that would
not be well spared from the bench; and that the gravest
magistrate to whom you can commit the sword of justice,
will find a quickness in the spurs of honor, which,
if they be not laid to virtue, will lay themselves
to that which may rout a commonwealth.
To come from the face of the Senate
to the constitution and use of the parts: it
is contained in the peculiar orders. And the orders
which are peculiar to the Senate, are either of election
or instruction.
Elections in the Senate are of three
sorts: annual, biennial, and extraordinary.
Annual elections are performed by
the schedule called the tropic; and the tropic consists
of two parts: the one containing the magistrates,
and the other the councils to be yearly elected.
The schedule or tropic of the magistrates is as follows
in
The fifteenth order requiring, “That
upon every Monday next ensuing the last of March,
the knights of the annual galaxies taking their places
in the Senate, be called the third region of the same;
and that the house having dismissed the first region,
and received the third, proceed to election of the
magistrates contained in the first part of the tropic,
by the ensuing schedule:
The lord strategus, The lord
orator, the first censor, The second censor,
Annual magistrates,
The third commissioner
of the seal,
The third commissioner
of the Treasury,
Triennal magistrates.
“The annual magistrates (provided
that no one man bears above one of those honors during
the term of one session) may be elected out of any
region. But the triennial magistrates may not
be elected out of any other than the third region
only, lest the term of their session expire before
that of their honor; and (it being unlawful for a man
to bear magistracy any longer than he is thereto qualified
by the election of the people) cause a fraction in
the rotation of this commonwealth.
“The strategus is first president
of the Senate, and general of the army, if it be commanded
to march; in which case there shall be a second strategus
elected to be first president of the Senate, and general
of the second army, and if this also be commanded to
march, a third strategus shill be chosen, and so on,
as long as the commonwealth sends forth armies.
“The lord orator is the second
and more peculiar president of the Senate to whom
it appertains to keep the house to orders.
“The censors, whereof the first,
by consequence of his election, is chancellor of the
University of Clio, and the second of that of Calliope,
are presidents of the Council for Religion and magistrates,
to whom it belongs to keep the house to the order
of the ballot. They are also inquisitors into
the ways and means of acquiring magistracy, and have
power to punish indirect proceedings in the same, by
removing a knight or magistrate out of the house,
under appeal to the Senate.
“The commissioners of the seal
being three, whereof the third is annually chosen
out of the third region, are judges in chancery.
“The commissioners of the Treasury
being three, whereof the third is annually chosen
out of the third region, are judges in the exchequer,
and every magistrate of this schedule has right to
propose to the Senate.
“But the strategus with the
six commissioners is the signory of this commonwealth,
having right of session and suffrage in every council
of the Senate, and power either jointly or severally
to propose in all or any of them.”
I have little in this order to observe
and prove but that the strategus is the same honor
both in name and thing that was borne, among others,
by Philopemen and Aratus in the Commonwealth of
the Achaeans; the like having been in use also with
the AEtolians. The orator, called otherwise the
speaker, is, with small alteration, the same that had
been of former use in this nation. These two,
if you will, may be compared to the consuls in Rome,
or the suffètes in Carthage, for their magistracy
is scarce different.
The censors derive their power of
removing a senator from those of Rome, the government
of the ballot from those of Venice, and that of animadversion
upon the ambitious, or canvass for magistracy, from
both.
The signory, with the whole right
and use of that magistracy to be hereafter more fully
explained, is almost purely Venetian.
The second part of the tropic is directed by
The sixteenth order” Whereby
the constitution of the councils being four; that
is to say, the Council of State, the Council of War,
the Council of Religion, and the Council of Trade,
is rendered conformable in their revolutions to that
of the Senate. As: First, by the annual
election of five knights out of the first region of
the Senate into the Council of State, consisting of
fifteen knights, five in every region. Secondly,
by the annual election of three knights out of the
third region of the Council of State, to be proposed
by the provosts, and elected by that council, into
the Council of War, consisting of nine knights, three
in every region, not excluded by this election from
remaining members also of the Council of State.
The four tribunes of the people have right of session
and suffrage in the Council of War. Thirdly,
by the annual election of four knights out of the third
region of the Senate into the Council of Religion,
consisting of twelve knights, four in every region;
of this council the censors are presidents. Fourthly,
by the annual election of four knights out of the
third region of the Senate into the Council of Trade,
consisting of twelve knights, four in every region.
And each region, in every one of these councils thus
constituted, shall weekly and interchangeably elect
one provost whose magistracy shall continue for one
week; nor shall he be re-elected into the same till
every knight of that region in the same council has
once borne the same magistracy. And the provosts
being one in every region, three in every council,
and twelve in all, beside their other capacities,
shall assemble and be a council, or rather an Academy
apart, to certain ends and purposes to be hereafter
further explained with those of the rest of the councils.”
This order is of no other use than
the frame and turn of the councils, and yet of no
small one; for in motion consists life, and the motion
of a commonwealth will never be current unless it
be circular. Men that, like my Lord Epimonus,
not enduring the resemblance of this kind of government
to orbs and spheres, fall on physicking and purging
it, do no more than is necessary; for if it be not
in rotation both as to persons and things, it will
be very sick. The people of Rome, as to persons,
if they had not been taken up by the wheel of magistracy,
had overturned the chariot of the Senate. And
those of Lacedaemon, as to things, had not been so
quiet when the Senate trashed their business, by encroaching
upon the result, if by the institution of the ephors
they had not brought it about again. So that
if you allow not a commonwealth her rotation, in which
consists her equality, you reduce her to a party, and
then it is necessary that you be physicians indeed,
or rather farriers; for you will have strong patients,
and such as must be haltered and cast, or yourselves
may need bone-setters. Wherefore the councils
of this commonwealth, both in regard of their elections,
and, as will be shown, of their affairs, are uniform
with the Senate in their revolutions; not as whirlpits
to swallow, but to bite, and with the screws of their
rotation to hold and turn a business (like the vice
of a smith) to the hand of the workman. Without
engines of which nature it is not possible for the
Senate, much less for the people, to be perfect artificers
in a political capacity. But I shall not hold
you longer from
The seventeenth order, “Directing
biennial elections, or the constitution of the orb
of ambassador-in-ordinary, consisting of four residences,
the revolution whereof is performed in eight years,
and preserved through the election of one ambassador
in two years by the ballot of the Senate to repair
to the Court of France, and reside there for the term
of two years; and the term of two years being expired,
to remove from thence to the Court of Spain, there
to continue for the space of two years, and thence
to remove to the State of Venice, and after two years’
residence in that city to conclude with his residence
at Constantinople for a like term of time, and so to
return. A knight of the Senate, or a deputy of
the prerogative, may not be elected ambassador-in-ordinary,
because a knight or deputy so chosen must either lose
his session, which would cause an unevenness in the
motion of this commonwealth, or accumulate magistracy,
which agrees not with equality of the same. Nor
may any man be elected into this capacity that is above
five-and-thirty years of age, lest the commonwealth
lose the charge of his education, by being deprived
at his return of the fruit of it, or else enjoy it
not long through the defects of nature.”
This order is the perspective of the
commonwealth, whereby she foresees danger; or the
traffic, whereby she receives every two years the return
of a statesman enriched with eight years’ experience
from the prime marts of negotiation in Europe.
And so much for the elections in the Senate that are
ordinary; such as are extraordinary follow in
The eighteenth order, “Appointing
all elections upon emergent occasions, except that
of the dictator, to be made by the scrutiny, or that
kind of election whereby a council comes to be a fifth
order of electors. For example, if there be occasion
of an ambassador-extraordinary, the provosts of the
Council of State, or any two of them, shall propose
to the same, till one competitor be chosen by that
council; and the council having chosen a competitor,
shall bring his name into the Senate, which in the
usual way shall choose four more competitors to the
same magistracy; and put them, with the competitor
of the council, to the ballot of the house, by which
he of the five that is chosen is said to be elected
by the scrutiny of the Council of State. A vice-admiral,
a polemarch, or field officer, shall be elected after
the same manner, by the scrutiny of the Council of
War. A judge or sergeant-at-law, by the scrutiny
of the commissioners of the seal. A baron, or
considerable officer of the Exchequer, by the scrutiny
of the commissioners of the Treasury: Men in
magistracy, or out of it, are equally capable of election
by the scrutiny; but a magistrate or officer elected
by the scrutiny to a military employment, if he be
neither a knight of the Senate nor a deputy of the
prerogative, ought to have his office confirmed by
the prerogative, because the militia in a commonwealth,
where the people are sovereign, is not lawful to be
touched injussu populi.
The Romans were so curious that, though
their consuls were elected in the centuriate assemblies,
they might not touch the militia, except they were
confirmed in the parochial assemblies; for a magistrate
not receiving his power from the people, takes it
from them, and to take away their power is to take
away their liberty. As to the election by the
scrutiny, it is easily perceived to be Venetian, there
being no such way to take in the knowledge; which
in all reason must be best in every council of such
men as are most fit for their turns, and yet to keep
them from the bias of particular affection or interest
under that pretence; for the cause why the great Council
in Venice scarce ever elects any other than the name
that is brought in by the scrutiny, is very probable
to be, that they may... This election is the last
of those appertaining to the Senate. The councils
being chosen by the orders already shown, it remains
that we come to those whereby they are instructed
and the orders of instruction to the councils are two:
the first for the matter whereupon they are to proceed,
and the second for the manner of their proceeding.
The matter of the councils is distributed to them
by
The nineteenth order “Distributing
to every council such businesses as are properly to
belong to their cognizance, whereof some they shall
receive and determine, and others they shall receive,
prepare, and introduce into the house: as, first,
“The Council of State is to
receive all addresses, intelligences, and letters
of negotiation; to give audience to ambassadors sent
to, and to draw up instructions for such as shall
be sent by, this commonwealth; to receive propositions
from, and hold intelligence with, the provincial councils;
to consider upon all laws to be enacted, amended, or
repealed, and upon all levies of men or money, war
or peace, leagues or associations to be made by this
commonwealth, so far forth as is conducible to the
orderly preparation of the same to be introduced by
them into the Senate; provided, that all such affairs,
as otherwise appertaining to the Council of State,
are, for the good of the commonwealth, to be carried
with greater secrecy, be managed by the Council of
War, with power to receive and send forth agents, spies,
emissaries, intelligencers, frigots, and to manage
affairs of that nature, if it be necessary without
communication to the Senate, till such time as it
may be had without detriment to the business.
But they shall have no power to engage the commonwealth
in a war without the consent of the Senate and the
people. It appertains also to this council to
take charge of the fleet as admiral, and of all storehouses,
armories, arsenals, and magazines appertaining to this
commonwealth. They shall keep a diligent record
of the military expeditions from time to time reported
by him that was strategus or general, or one of the
polemarchs in that action; or at least so far as the
experience of such commanders may tend to the improvement
of the military discipline, which they shall digest
and introduce into the Senate; and if the Senate shall
thereupon frame any article, they shall see that it
be observed, in the musters or education of the youth.
And whereas the Council of War is the sentinel or
scout of this commonwealth, if any person or persons
shall go about to introduce debate into any popular
assembly of the same, or otherwise to alter the present
government, or strike at the root of it, they shall
apprehend, or cause to be apprehended, seized, imprisoned,
and examine, arraign, acquit, or condemn, and cause
to be executed any such person or persons, by their
proper power and authority and without appeal.
“The Council of Religion, as
the arbiter of this commonwealth in cases of conscience
more peculiarly appertaining to religion, Christian
charity, and a pious life, shall have the care of
the national religion, and the protection of the liberty
of conscience with the cognizance of all causes relating
to either of them. And first as to the national
religion: they shall cause all places or preferments
of the best revenue in either of the universities
to be conferred upon no other than such of the most
learned and pious men as have dedicated themselves
to the study of theology. They shall also take
a special care that, by such augmentations as be or
shall hereafter be appointed by the Senate, every
benefice in this nation be improved at least to the
value of L100 a year. And to the end that there
be no interest at all, whereby the divines or teachers
of the national religion may be corrupted, or corrupt
religion, they shall be capable of no other kind of
employment or preferment in this commonwealth.
And whereas a directory for the administration of
the national religion is to be prepared by this council,
they shall in this and other debates of this nature
proceed in manner following: a question arising
in matter of religion shall be put and stated by the
council in writing, which writing the censors shall
send by their beadles (being proctors chosen to attend
them) each to the university whereof he is chancellor,
and the vice-chancellor of the same receiving the
writing, shall call a convocation of all the divines
of that university being above forty years of age.
And the universities, upon a point so proposed, shall
have no manner of intelligence or correspondence one
with another, till their debates be ended, and they
have made return of their answers to the Council of
Religion by two or three of their own members, that
they may clear their sense, if any doubt should arise,
to the council, which done, they shall return, and
the council, having received such information, shall
proceed according to their own judgments, in the preparation
of the whole matter for the Senate: that so the
interest of the learned being removed, there may be
a right application of reason to Scripture, which is
the foundation of the national religion.
“Secondly, this council, as
to the protection of the liberty of conscience, shall
suffer no coercive power in the matter of religion
to be exercised in this nation; the teachers of the
natural religion being no other than such as voluntarily
undertake that calling, and their auditors or hearers
no other than are also voluntary. Nor shall any
gathered congregation be molested or interrupted in
their way of worship (being neither Jewish nor idolatrous),
but vigilantly and vigorously protected and defended
in the enjoyment, practice, and profession of the
same. And if there be officers or auditors appointed
by any such congregation for the introduction of causes
into the Council of Religion, all such causes so introduced
shall be received, heard, and determined by the same,
with recourse had, if need be, to the Senate.
“Thirdly, every petition addressed
to the Senate, except that of a tribe, shall be received,
examined, and debated by this council; and such only
as they, upon such examination and debate had, shall
think fit, may be introduced into the Senate.
“The Council of Trade being
the vena porta of this nation, shall hereafter
receive instructions more at large. For the present,
their experience, attaining to a right understanding
of those trades and mysteries that feed the veins
of this commonwealth, and a true distinction of them
from those that suck or exhaust the same, they shall
acquaint the Senate with the conveniences and inconveniences,
to the end that encouragement may be applied to the
one, and remedy to the other.
“The Academy of the provosts,
being the affability of the commonwealth, shall assemble
every day toward the evening in a fair room, having
certain withdrawing-rooms thereto belonging; and all
sorts of company that will repair thither for conversation
or discourse, so it be upon matters of government,
news, or intelligence, or to propose anything to the
councils, shall be freely and affably received in the
outer chamber, and heard in the way of civil conversation,
which is to be managed without any other awe or ceremony
than is thereto usually appertaining, to the end that
every man may be free, and that what is proposed by
one, may be argued or discoursed by the rest, except
the matter be of secrecy; in which case the provosts,
or some of them, shall take such as desire audience
into one of the withdrawing-rooms. And the provosts
are to give their minds that this academy be so governed,
adorned, and preserved, as may be most attractive
to men of parts and good affections to the commonwealth,
for the excellency of the conversation.
“Furthermore, if any man, not
being able or willing to come in person, has any advice
to give which he judges may be for the good of the
commonwealth, he may write his mind to the Academy
of the provosts, in a letter signed or not signed,
which letter shall be left with the doorkeeper of
the Academy. Nor shall any person delivering such
a letter be seized, molested, or detained, though
it should prove to be a libel. But the letters
so delivered shall be presented to the provosts; and
in case they be so many that they cannot well be perused
by the provosts themselves, they shall distribute
them as they please to be read by the gentlemen of
the Academy, who, finding anything in them material,
will find matter of discourse; or if they happen upon
a business that requires privacy, return it with a
note upon it to a provost. And the provosts by
the secretaries attending shall cause such notes out
of discourses or letters to be taken as they please,
to the end that they may propose, as occasion serves,
what any two of them shall think fit out of their
notes so taken to their respective councils; to the
end that not only the ear of the commonwealth be open
to all, but that men of such education being in her
eve, she may upon emergent elections or occasions
be always provided of her choice of fit persons.
“Every council being adorned
with a state for the signory, shall be attended by
two secretaries, two doorkeepers, and two messengers-in-ordinary,
and have power to command more upon emergencies, as
occasion requires. And the Academy shall be attended
with two secretaries, two messengers, and two doorkeepers;
this with the other councils being provided with their
further conveniences at the charge of the State.
“But whereas it is incident
to commonwealths, upon emergencies requiring extraordinary
speed or secrecy, either through their natural delays
or unnatural haste, to incur equal danger, while holding
to the slow pace of their orders, they come not in
time to defend themselves from some sudden blow; or
breaking them for the greater speed, they but haste
to their own destruction; if the Senate shall at any
time make election of nine knights-extraordinary,
to be added to the Council of War, as a juncta
for the term of three months, the Council of War with
the juncta so added, is for the term of the same
Dictator of Oceana, having power to levy men and money,
to make war and peace, as also to enact laws, which
shall be good for the space of one year (if they be
not sooner repealed by the Senate and the people)
and for no longer time, except they be confirmed by
the Senate and the people. And the whole administration
of the commonwealth for the term of the said three
months shall be in the Dictator, provided that the
Dictator shall have no power to do anything that tends
not to his proper end and institution, but all to
the preservation of the commonwealth as it is established,
and for the sudden restitution of the same to the
natural channel and common course of government.
And all acts, orders, decrees, or laws of the Council
of War with the junota being thus created, shall be
signed,
“DictatorOCEANAE.”
This order of instructions to the
councils being (as in a matter of that nature is requisite)
very large, I have used my best skill to abbreviate
it in such manner as might show no more of it than
is necessary to the understanding of the whole, though
as to the parts, or further duties of the councils,
I have omitted many things of singular use in a commonwealth.
But it was discoursed at the council by the Archon
in this manner:
“My lords, the legislators:
“Your councils, except the Dictator
only, are proper and native springs and sources, you
see, which (hanging a few sticks and straws, that,
as less considerable, would otherwise be more troublesome,
upon the banks of their peculiar channels) derive
the full stream of business into the Senate, so pure,
and so far from the possibility of being troubled
or stained (as will Undeniably appear by the course
contained in the ensuing order) with any kind of private
interest or partiality, that it shall never be possible
for any assembly hearkening to the advice or information
of this or that worthy member (either instructed upon
his pillow, or while he was making himself ready,
or by the petition or ticket which he received at
the door) to have half the security in his faith,
or advantage by his wisdom; such a Senate or council
being, through the uncertainty of the winds, like
a wave of the sea. Nor shall it otherwise mend
the matter by flowing up into dry ditches, or referring
businesses to be better examined by committees, than
to go further about with it to less purpose; if it
does not ebb back again with the more mud in it.
For in a case referred to an occasional committee,
of which any member that is desirous may get himself
named, and to which nobody will come but either for
the sake of his friend or his own interest; it fares
little better as to the information of the Senate,
than if it had been referred to the parties. Wherefore
the Athenians being distributed into four tribes,
out of which by equal numbers they annually chose
400 men, called the Senate of the Bean, because the
ballot at their election was performed by the use of
beans, divided them by fifties into eight parts.
And every fifty in their turn, for one-eighth part
of the year, was a council apart called the Prytans.
“The Prytans in their distinct
council receiving all comers, and giving ear to every
man that had anything to propose concerning the commonwealth,
had power to debate and prepare all the businesses
that were to be introduced into the Senate. The
Achaeans had ten selected magistrates called the demiurgs,
constituting a council apart called the synarchy,
which, with the strategus, prepared all the business
that was introduced into their Senate. But both
the Senate of the Athenians, and that of the Achaeans,
would have wondered if a man had told them that they
were to receive all comers and discourses, to the end
that they might refer them afterward to the Prytans
or the synarchy, much less to an occasional committee,
exposed to the catch that catch may of the parties
interested. And yet Venice in this, as in most
of her orders, excels them all by the constitution
of her councils, that of the College, and the other
of the Dieci, or Council of Ten. The course
of the College is exactly described in the ensuing
order: and for that of the Dieci, it so
little differs from what it has bestowed upon Our
Dictator, that I need not make any particular description
of it. But to dictatorian power in general, and
the use of it (because it must needs be of difficult
digestion to such as, puking still at ancient prudence,
show themselves to be in the nursery of mother-wit);
it is no less than necessary to say something.
And, first, in a commonwealth that is not wrought
up, or perfected, this power will be of very frequent,
if not continual, use; wherefore it is said more than
once, upon defects of the government, in the book
of Judges, ’that in those days there was no king
in Israel.’ Nor has the translator, though
for ’no king, he should have said ‘no
judge,’ abused you so much; seeing that the Dictator
(and such was the Judge of Israel) or the dictatorian
power being in a single person, so little differs
from monarchy, which followed in that, that from the
same cause there has been no other effect in any commonwealth:
as in Rome was manifest by Sylla and Cæsar, who to
make themselves absolute or sovereign, had no more
to do than to prolong their magistracy, for the dictatorian
power was reputed divine, and therefore irresistible.
“Nevertheless, so it is, that
without this power, which is so dangerous, and subject
to introduce monarchy, a commonwealth cannot be safe
from falling into the like dissolution; unless you
have an expedient in this case of your own, and bound
up by your providence from recoiling. Expedients
in some cases you must not only have, but be beholden
for them to such whom you must trust at a pinch, when
you have not leisure to stand with them for security;
which will be a thousand times more dangerous.
And there can never be a commonwealth otherwise than
by the order in debate wrought up to that perfection;
but this necessity must sometimes happen in regard
of her natural slowness and openness, and the suddenness
of assaults that may be made upon her, as also the
secrecy which in some cases may be of absolute necessity
to her affairs. Whence Machiavel concludes
it positively, that a commonwealth unprovided of such
a refuge, must fall to ruin; for her course is either
broken by the blow in one of those cases, or by herself,
while it startles her out of her orders. And
indeed a commonwealth is like a greyhound, which, having
once coasted, will never after run fair, but grow slothful;
and when it comes to make a common practice of taking
nearer ways than its orders, it is dissolved:
for the being of a commonwealth consists in its orders.
Wherefore at this list you will be exposed to danger,
if you have not provided beforehand for the safety
of your resort in the like cases: nor is it sufficient
that your resort be safe, unless it be as secret and
quick; for if it be slow or open, your former inconveniences
are not remedied.
“Now for our imitation in this
part, there is nothing in experience like that of
the Council of Ten in Venice; the benefit whereof would
be too long to be shown in the whole piece, and therefore
I shall take but a pattern out of Janotti. In
the war, says he, which the Venetians had with Florence
in Casentin, the Florentines, finding a necessity in
their affairs far from any other inclination in themselves
to ask their peace, sent ambassadors about it to Venice,
where they were no sooner heard, than the bargain
was struck up by the Council of Ten: and everybody
admiring (seeing this commonwealth stood upon the higher
ground) what should be the reason of such haste, the
council upon the return of the ambassadors imparted
letters to the Senate, whereby it appeared that the
Turks had newly launched a formidable fleet against
their State, which, had it been understood by the
Florentines, it was well enough known they would have
made no peace. Wherefore the service of the Ten
was highly applauded by the Senate, and celebrated
by the Venetians. Whereby may appear not only
in part what use there is of dictatorian power in that
government, but that it is assumed at the discretion
of that Council; whereas in this of Oceana it is not
otherwise intrusted than when the Senate, in the election
of nine knights-extraordinary, gives at once the commission,
and takes security in a balance, added to the Council
of War, though securer before by the tribunes of the
people than that of Venice, which yet never incurred
jealousy; for if the younger nobility have been often
girding at it, that happened not so much through the
apprehension of danger in it to the commonwealth, as
through the awe of it upon themselves. Wherefore
the graver have doubtlessly shown their prudence in
the law whereby the magistracy of these councillors
being to last till’ their successors be created,
the council is established.”
The instructions of the councils for
their matter being shown, it remains that I show the
instructions for the manner of their proceeding, as
they follow in
The twentieth order, “Containing
the method of debates to be observed by the magistrates
and the councils successively in order to a decree
of the Senate.
“The magistrates of the signory,
as councillors of this commonwealth, shall take into
their consideration all matters of state or of government;
and, having right to propose in any council, may, any
one or more of them, propose what business he or they
please in that council to which it most properly belongs.
And, that the councils may be held to their duty,
the said magistrates are superintendents and inspectors
of the same, with right to propose to the Senate.
“The censors have equal power
with these magistrates, but in relation to the Council
of Religion only.
“Any two of the three provosts
in every council may propose to, and are the more
peculiar proposers of, the same council; to the end
that there be not only an inspection and superintendency
of business in general, but that every work be also
committed to a peculiar hand.
“Any one or more of the magistrates,
or any two of the provosts respectively having proposed,
the council shall debate the business so proposed,
to which they of the third region that are willing
shall speak first in their order; they of the second,
next; and they of the first, last; and the opinions
of those that proposed or spoke, as they shall be
thought the most considerable by the council, shall
be taken by the secretary of the same in writing,
and each of them signed with the name of the author.
“The opinions being thus prepared,
any magistrate of the signory, the censors, or any
two of the provosts of that council, upon this occasion
may assemble the Senate.
“The Senate being assembled,
the opinions (for example, if they be four) shall
be read in their order, that is, according to the order
or dignity of the magistrates or councillors by which
they were signed. And being read, if any of the
council introducing them will speak, they, as best
acquainted with the business, shall have precedence;
and after them the senators shall speak according
to their regions, beginning by the third first, and
so continuing till every man that will has spoken;
and when the opinions have been sufficiently debated,
they shall be put all together to the ballot after
this manner:
“Four secretaries, carrying
each of them one of the opinions in one hand, with
a white box in the other, and each following the other,
according to the order of the opinions, shall present
his box, naming the author of his opinion to every
senator; and one secretary or ballotin with a green
box shall follow the four white ones; and one secretary
or ballotin with a red box shall follow the green one;
and every senator shall put one ball into some one
of these six boxes. The suffrage being gathered
and opened before the signory, if the red box or non-sincere
had above half the suffrages, the opinions shall
be all cast out, for the major part of the house is
not clear in the business. If no one of the four
opinions had above half the suffrages in the
affirmative, that which had fewest shall be cast out,
and the other three shall be balloted again.
If no one of the three had above half, that which
had fewest shall be cast out, and the other two shall
ballot again. If neither of the two had above
half, that which had fewest shall be cast out, and
the remaining opinion shall be balloted again.
And if the remaining opinion has not above half, it
shall also be cast out. But the first of the
opinions that arrives at most above half in the affirmative,
is the decree of the Senate. The opinions being
all of them cast out by the non-sincere, may be reviewed,
if occasion permits, by the council, and brought in
again. If they be cast out by the negative, the
case being of advice only; the house approves not,
and there is an end of it: the case being necessary,
and admitting delay, the council is to think again
upon the business, and to bring in new opinions; but
the case being necessary, and not admitting delay,
the Senate immediately electing the juncta shall
create the Dictator. ‘And let the Dictator,’
as the Roman saying is, ’take care that the commonwealth
receives no harm.’”
This in case the debate concludes
not in a decree. But if a decree be passed, it
is either in matter of state or government according
to law enacted already, and then it is good without
going any further, or it is in matter of law to be
enacted, repealed, or amended; and then the decree
of the Senate, especially if it be for a war, or for
a levy of men or money, is invalid, without the result
of the commonwealth, which is in the prerogative tribe,
or representative of the people.
“The Senate having prepared
a decree to be proposed to the people, shall appoint
their proposers; and no other may propose for the Senate
to the people but the magistrates of the house; that
is to say, the three commissioners of the seal, or
any two of them; the three of the Treasury, or any
two of them; or the two censors.
“The Senate having appointed
their proposers, shall require of the tribunes a muster
of the people at a set time and place: and the
tribunes or any two of them having mustered the people
accordingly, the proposers shall propose the sense
or decree of the Senate by clauses to the people.
And that which is proposed by the authority of the
Senate, and resolved by the command of the people,
is the law of Oceana.” To this order, implicitly
containing the sum very near of the whole civil part
of the commonwealth, my Lord Archon spoke thus in council:
“My dear lords:
“There is a saying, that a man
must cut his coat according to his cloth. When
I consider what God has allowed or furnished to our
present work, I am amazed. You would have a popular
government; he has weighed it to you in the present
balance, as I may say, to a drachm; you have no more
to do but to fix it. For the superstructures of
such a government they require a good aristocracy:
and you have, or have had a nobility or gentry the
best studied, and the best writers, at least next that
of Italy, in the whole world; nor have they been inferior,
when so exercised, in the leading of armies.
But the people are the main body of a commonwealth;
show me from the treasuries of the snow (as it is in
Job) to the burning zone a people whose shoulder so
universally and so exactly fits the corselet.
Nevertheless, it were convenient to be well provided
with auxiliaries. There is Marpesia, through her
fruitfulness, inexhaustible of men, and men through
her barrenness not only enured to hardship, but in
your arms. It may be said that Venice, excepting
only that she takes not in the people, is the most
incomparable situation of a commonwealth. You
are Venice, taking in your people and your auxiliaries
too. My lords, the children of Israel were makers
of brick before they were builders of a commonwealth;
but our brick is made, our mortar tempered, the cedars
of Lebanon are hewed and squared to our hands.
Has this been the work of man? Or is it in man
to withstand this work? ’Shall he that
contends with the Almighty instruct him? He that
reproves God, let him answer it.’ For our
parts, everything is so laid that when we come to
have use of it, it is the next at hand; and unless
we can conceive that God and nature do anything in
vain, there is no more for us to do but to despatch.
The piece which we have reached to us in the foregoing
orders, is the aristocracy. Athens, as has been
shown, was plainly lost through the want of a good
aristocracy.
“But the sufficiency of an aristocracy
goes demonstrably upon the hand of the nobility or
gentry; for that the politics can be mastered without
study, or that the people can have leisure to study,
is a vain imagination; and what kind of aristocracy
divines and lawyers would make, let their incurable
running upon their own narrow bias and their perpetual
invectives against Machiavel (though in some
places justly reprovable, yet the only politician,
and incomparable patron of the people) serve for instruction.
I will stand no more to the judgment of lawyers and
divines in this work, than to that of so many other
tradesmen; but if this model chances to wander abroad,
I recommend it to the Roman speculativi (the most
complete gentlemen of this age) for their censure;
or with my Lord Epimonus his leave, send 300 or 400
copies to your agent at Venice to be presented to the
magistrates there; and when they have considered them,
to be proposed to the debate of the Senate, the most
competent judges under heaven, who, though they have
great affairs, will not refuse to return you the oracle
of their ballot. The councillors of princes I
will not trust; they are but journeymen. The
wisdom of these later times in princes’ affairs
(says Verulamius) is rather fine deliveries and shiftings
of dangers when they be near, than solid and grounded
courses to keep them off. Their councillors do
not derive their proceedings from any sound root of
government that may contain the demonstration, and
assure the success of them, but are expedient-mongers,
givers of themselves to help a lame dog over a stile;
else how comes it to pass that the fame of Cardinal
Richelieu has been like thunder, whereof we hear the
noise, but can make no demonstration of the reason?
But to return: if neither the people, nor divines
and lawyers, can be the aristocracy of a nation, there
remains only the nobility; in which style, to avoid
further repetition, I shall understand the gentry
also, as the French do by the word noblesse.
“Now to treat of the nobility
in such sort as may be less obnoxious to mistake,
it will be convenient, and answerable to the present
occasion, that I divide my discourse into four parts:
“The first, treating of nobility, and the kinds
of it;
“The second, of their capacity of the Senate;
“The third, of the divers kinds of senates;
“The fourth, of the Senate, according to the
foregoing orders.
“Nobility may be defined divers
ways; for it is either ancient riches, or ancient
virtue, or a title conferred by a prince or a commonwealth.
“Nobility of the first kind
may be subdivided into two others, such as hold an
overbalance in dominion or property to the whole people,
or such as hold not an overbalance, in the former
case, a nobility (such was the Gothic, of which sufficient
has been spoken) is incompatible with popular government;
for to popular government it is essential that power
should be in the people, but the overbalance of a nobility
in dominion draws the power to themselves. Wherefore
in this sense it is that Machiavel is to be understood,
where he says, that these are pernicious in a commonwealth;
and of France, Spain, and Italy, that they are nations
which for this cause are the corruption of the world:
for otherwise nobility may, according to his definition
(which is, ’that they are such as live upon
their own revenues in plenty, without engagement either
to the tilling of their lands, or other work for their
livelihood ’), hold an underbalance to the people;
in which case they are not only safe, but necessary
to the natural mixture of a well-ordered commonwealth.
“For how else can you have a
commonwealth that is not altogether mechanic? or what
comparison is there of such commonwealths as are, or
come nearest to mechanic for example, Athens,
Switzerland, Holland, to Lacedaemon, Rome, and Venice,
plumed with their aristocracies? Your mechanics,
till they have first feathered their nests, like the
fowls of the air whose whole employment is to seek
their food, are so busied in their private concernments
that they have neither leisure to study the public,
nor are safely to be trusted with it, because a man
is not faithfully embarked in this kind of ship, if
he has no share in the freight. But if his share
be such as gives him leisure by his private advantage
to reflect upon that of the public, what other name
is there for this sort of men, being a leur aise,
but (as Machiavel you see calls them) nobility?
Especially when their families come to be such as are
noted for their services done to the commonwealth,
and so take into their ancient riches ancient virtue,
which is the second definition of nobility, but such
a one as is scarce possible in nature without the
former. ‘For as the baggage,’ says
Verulamius, ’is to an army, so are riches to
virtue; they cannot be spared nor left behind, though
they be impediments, such as not only hinder the march,
but sometimes through the care of them lose or disturb
the victory.’ Of this latter sort is the
nobility of Oceana; the best of all others because
they, having no stamp whence to derive their price,
can have it no otherwise than by their intrinsic value.
The third definition of nobility, is a title, honor,
or distinction from the people, conferred or allowed
by the prince or the commonwealth. And this may
be two ways, either without any stamp or privilege,
as in Oceana; or with such privileges as are inconsiderable,
as in Athens after the battle of Plataea, whence the
nobility had no right, as such, but to religious offices,
or inspection of the public games, to which they were
also to be elected by the people; or with privileges,
and those considerable ones, as the nobility in Athens
before the battle of Plataea, and the patricians in
Rome each of which had right, or claimed it, to the
Senate and all the magistracies; wherein for some
time they only by their stamp were current.
“But to begin higher, and to
speak more at large of nobility in their several capacities
of the Senate. The phylarchs, or princes of the
tribes of Israel, were the most renowned, or, as the
Latin, the most noble of the congregation, whereof
by hereditary right they had the leading and judging.
The patriarchs, or princes of families, according
as they declared their pedigrees, had the like
right as to their families; but neither in these nor
the former was there any hereditary right to the Sanhedrim:
though there be little question but the wise men and
understanding, and known among their tribes, which
the people took or elected into those or other magistracies,
and whom Moses made rulers over them, must have been
of these, seeing they could not choose but be the
most known among the tribes, and were likeliest by
the advantages of education to be the most wise and
understanding.
“Solon having found the Athenians
neither locally nor genealogically, but by their different
ways of life, divided into four tribes that
is, into the soldiery, the tradesmen, the husbandmen,
and the goatherds instituted a new distribution
of them, according to the sense or valuation of their
estates, into four classes: the first, second,
and third consisting of such as were proprietors in
land, distinguished by the rate of their freeholds,
with that stamp upon them, which making them capable
of adding honor to their riches, that is to say, of
the Senate, and all the magistracies, excluded the
fourth, being the body of the people, and far greater
in number than the former three, from all other right,
as to those capacities, except the election of these,
who by this means became an hereditary aristocracy
or senatorian order of nobility. This was that
course which came afterward to be the destruction
of Rome, and had now ruined Athens. The nobility,
according to the inevitable nature of such a one,
having laid the plot how to divest the people of the
result, and so to draw the whole power of the commonwealth
to themselves; which in all likelihood they had done,
if the people, coming by mere chance to be victorious
in the battle of Plataea, and famous for defending
Greece against the Persians, had not returned with
such courage as irresistibly broke the classes, to
which of old they had borne a white tooth, brought
the nobility to equal terms, and the Senate with the
magistracies to be common to both; the magistracies
by suffrage, and the Senate (which was the mischief
of it, as I shall show anon in that constitution)
by lot only.” The Lacedaemonians were in
the manner, and for the same cause with the Venetians
at this day, no other than a nobility even according
to the definition given of nobility by Machiavel;
for they neither exercised any trade, nor labored
their lands or lots, which was done by their helots:
wherefore some nobility may be far from pernicious
in a commonwealth by Machiavel’s own testimony,
who is an admirer of this, though the servants thereof
were more in number than the citizens. To these
servants I hold the answer of Lycurgus when
he bade him who asked why he did not admit the people
to the government of his commonwealth, to go home
and admit his servants to the government of his family-to
relate: for neither were the Lacedaemonians servants,
nor, further, capable of the government, unless, whereas
the congregation had the result, he should have given
them the debate also; every one of these that attained
to sixty years of age, and the major vote of the congregation,
being equally capable of the Senate.
“The nobility of Rome, and their
capacity of the Senate, I have already described by
that of Athens before the battle of Plataea, saving
only that the Athenian was never eligible into the
Senate without the suffrage of the people till the
introduction of the lot, but the Roman nobility ever:
for the patricians were elected into the Senate by
the kings; by the consuls, or the censors, or if a
plebeian happened to be conscribed, he and his posterity
became patricians. Nor, though the people had
many disputes with the nobility, did this ever come
in controversy, which, if there had been nothing else,
might in my judgment have been enough to overturn
that commonwealth.
“The Venetian nobility, but
that they are richer, and not military, resemble at
all other points the Lacedaemonian, as I have already
shown. These Machiavel excepts from
his rule, by saying that their estates are rather
personal than real, or of any great revenue in land,
which comes to our account, and shows that a nobility
or party of the nobility, not overbalancing in dominion,
is not dangerous, but of necessary use in every commonwealth,
provided it be rightly ordered; for if it be so ordered
as was that of Rome, though they do not overbalance
at the beginning, as they did not there, it will not
be long ere they do, as is clear both in reason and
experience toward the latter end. That the nobility
only be capable of the Senate is there only not dangerous,
where there be no other citizens, as in this government
and that of Lacedaemon.
“The nobility of Holland and
Switzerland, though but few, have privileges not only
distinct from the people, but so great that in some
sovereignties they have a negative voice; an example
which I am far from commending, being such as (if
those governments were not cantonized, divided, and
subdivided into many petty sovereignties that balance
one another, and in which the nobility, except they
had a prince at the head of them, can never join to
make work) would be the most dangerous that ever was,
but the Gothic, of which it favors. For in ancient
commonwealths you shall never find a nobility to have
had a negative but by the poll, which, the people
being far more in number, came to nothing; whereas
these have it, be they never so few by their stamp
or order.
“Ours of Oceana have nothing
else but their education and their leisure for the
public, furnished by their ease and competent riches:
and their intrinsic value, which, according as it
comes to hold weight in the judgment or suffrage of
the people, is their only way to honor and preferment.
Wherefore I would have your lordships to look upon
your children as such, who, if they come to shake
off some part of their baggage, shall make the more
quick and glorious march; for it was nothing else
but the baggage, sordidly plundered by the nobility
of Rome, that lost the victory of the whole world
in the midst of her triumph.
“Having followed the nobility
thus close, they bring us, according to their natural
course and divers kinds, to the divers constitutions
of the Senate.
“That of Israel (as was shown
by my right noble Lord Phosphorus de Auge, in the
opening of the commonwealth) consisted of seventy elders,
elected at first by the people. But whereas they
were for life, they ever after (though without any
divine precept for it) substituted their successors
by ordination, which ceremony was most usually performed
by imposition of hands; and by this means a commonwealth
of as popular institution as can be found became,
as it is accounted by Josephus, aristocratical.
From this ordination derives that which was introduced
by the Apostles into the Christian Church; for which
cause I think it is that the Presbyterians would have
the government of the Church to be aristocratical,
though the Apostles, to the end, as I conceive, that
they might give no occasion to such a mistake, but
show that they intended the government of the Church
to be popular, ordained elders, as has been shown,
by the holding up of hands (or free suffrage of the
people) in every congregation or ecclesia: for
that is the word in the original, being borrowed from
the civil congregations of the people in Athens and
Lacedaemon, which were so called; and the word for
holding up of hands in the text is also the very same,
which signified the suffrage of the people in Athens,
chirotonante; for the suffrage of the Athenians was
given per chirotonian, says Emmius.
“The Council of the Bean (as
was shown by my Lord Navarchus de Paralo in his full
discourse), being the proposing Senate of Athens (for
that of the Areopagites was a judicatory), consisted
of 400, some say 500 senators, elected annually, all
at once, and by a mere lot without suffrage.
Wherefore though the Senate, to correct the temerity
of the lot, had power to cast out such as they should
judge unworthy of that honor, this related to manners
only, and was not sufficient to repair the commonwealth,
which by such means became impotent; and forasmuch
as her Senate consisted not of the natural aristocracy,
which in a commonwealth is the only spur and rein
of the people, it was cast headlong by the rashness
of her demagogues or grandees into ruin; while her
Senate, like the Roman tribunes (who almost always,
instead of governing, were rather governed by the
multitude), proposed not to the result only, but to
the debate also of the people, who were therefore
called to the pulpits, where some vomited, and others
drank, poison.
“The Senate of Lacedaemon, most
truly discovered by my Lord Laco de Scytale,
consisted but of thirty for life, whereof the two kings,
having but single votes, were hereditary, the rest
elected by the free suffrage of the people, but out
of such as were sixty years of age. These had
the whole debate of the commonwealth in themselves,
and proposed to the result only of the people.
And now the riddle which I have heretofore found troublesome
to unfold, is out; that is to say, why Athens and
Lacedaemon, consisting each of the Senate and the people,
the one should be held a democracy, and the other
an aristocracy, or laudable oligarchy, as it is termed
by Isocrates; for that word is not, wherever you meet
it, to be branded, Seeing it is used also by Aristotle,
Plutarch, and others, sometimes in a good sense.
The main difference was that the people in this had
the result only, and in that the debate and result,
too. But for my part, where the people have the
election of the Senate, not bound to a distinct order,
and the result, which is the sovereign power, I hold
them to have that share in the government (the Senate
being not for life) whereof, with the safety of the
commonwealth, they are capable in nature, and such
a government, for that cause, to be democracy; though
I do not deny but in Lacedaemon, the paucity of the
senators considered, it might be called oligarchy,
in comparison of Athens; or, if we look on their continuance
for life, though they had been more, aristocracy.
“The Senate of Rome (whose fame
has been heard to thunder in the eloquence of my Lord
Dolabella d’Enyo) consisting of 300, was,
in regard of the number, less oligarchical than that
of Lacedaemon; but more in regard of the patricians,
who, having an hereditary capacity of the same, were
not elected to that honor by the people; but, being
conscribed by the censors, enjoyed it for life.
Wherefore these, if they had their wills, would have
resolved as well as debated; which set the people
at such variance with them as dissolved the commonwealth;
whereas if the people had enjoyed the result, that
about the agrarian, as well as all other strife, must
of necessity have ceased.
“The Senates of Switzerland
and Holland (as I have learnt of my Lords Alpester
and Glaucus), being bound up (like the sheaf of
arrows which the latter gives) by leagues, lie like
those in their quivers; but arrows, when they come
to be drawn, fly from this way and from that; and
I am contented that these concerned us not.
“That of Venice (by the faithful
testimony of my most excellent Lord Linceus de Stella)
has obliged a world, sufficiently punished by its
own blindness and ingratitude, to repent and be wiser:
for whereas a commonwealth in which there is no senate,
or where the senate is corrupt, cannot stand, the
great Council of Venice, like the statue of Nilus,
leans upon an urn or waterpot, which pours forth the
Senate in so pure and perpetual a stream, as being
unable to stagnate, is forever incapable of corruption.
The fuller description of this Senate is contained
in that of Oceana; and that of Oceana in the foregoing
orders. To every one of which, because something
has been already said, I shall not speak in particular.
But in general, your Senate, and the other assembly,
or the prerogative, as I shall show in due place, are
perpetual, not as lakes or puddles, but as the rivers
of Eden; and are beds made, as you have seen, to receive
the whole people, by a due and faithful vicissitude,
into their current. They are not, as in the late
way, alternate. Alternate life in government is
the alternate death of it.
“This was the Gothic work, whereby
the former government (which was not only a ship,
but a gust, too) could never open her sails, but in
danger to overset herself, neither could make any
voyage nor lie safe in her own harbor. The wars
of later ages, says Verulamius, seem to be made in
the dark, in respect of the glory and honor which reflected
on men from the wars in ancient times. Their
shipping of this sort Was for voyages; ours dare not
launch, nor lies it safe at home. Your Gothic
politicians seem to me rather to have invented some
new ammunition or gunpowder, in their King and Parliament,
than government. For what is become of the princes
(a kind of people) in Germany? blown up.
Where are the estates, or the power of the people
in France? blown up. Where is that
of the people in Arragon, and the rest of the Spanish
kingdoms? blown up. On the other side,
where is the King of Spain’s power in Holland? blown
up. Where is that of the Austrian princes in Switzerland? blown
up. This perpetual peevishness and jealousy,
under the alternate empire of the prince and of the
people, are obnoxious to every spark. Nor shall
any man show a reason that will be holding in prudence,
why the people of Oceana have blown up their King,
but that their kings did not first blow up them.
The rest is discourse for ladies. Wherefore your
parliaments are not henceforth to come out of the bag
of AEolus, but by your galaxies, to be the perpetual
food of the fire of Vesta.
“Your galaxies, which divide
the house into so many regions, are three; one of
which constituting the third region is annually chosen,
but for the term of three years; which causes the
house (having at once blossoms, fruit half ripe, and
others dropping off in full maturity) to resemble
an orange tree, such as is at the same time an education
or spring, and a harvest, too; for the people have
made a very ill-choice in the man, who is not easily
capable of the perfect knowledge in one year of the
senatorian orders; which knowledge, allowing him for
the first to have been a novice, brings him the second
year to practise, and time enough. For at this
rate you must always have 200 knowing men in the government.
And thus the vicissitude of your senators is not perceivable
in the steadiness and perpetuity of your Senate; which,
like that of Venice, being always changing, is forever
the same. And though other politicians have not
so well imitated their patter, there is nothing more
obvious in nature, seeing a man who wears the same
flesh but a short time, is nevertheless the same man,
and of the same genius; and whence is this but from
the constancy of nature, in holding a man to her orders?
Wherefore keep also to your orders. But this is
a mean request; your orders will be worth little if
they do not hold you to them, wherefore embark.
They are like a ship, if you be once aboard, you do
not carry them, but they you; and see how Venice stands
to her tackling: you will no more forsake them
than you will leap into the sea.
“But they are very many and
difficult. O my Lords, what seaman casts away
his card because it has four-and-twenty points of the
compass? and yet those are very near as many and as
difficult as the orders in the whole circumference
of your commonwealth. Consider, how have we been
tossed with every wind of doctrine, lost by the glib
tongues of your demagogues and grandees in our own
havens? A company of fiddlers that have disturbed
your rest for your groat; L2,000 to one, L3,000 a year
to another, has been nothing. And for what?
Is there one of them that yet knows what a commonwealth
is? And are you yet afraid of such a government
in which these shall not dare to scrape for fear of
the statute? Themistocles could not fiddle, but
could make of a small city a great commonwealth:
these have fiddled, and for your money, till they
have brought a great commonwealth to a small city.
“It grieves me, while I consider
how, and from what causes, imaginary difficulties
will be aggravated, that the foregoing orders are not
capable of any greater clearness in discourse or writing;
but if a man should make a book, describing every
trick and passage, it would fare no otherwise with
a game at cards; and this is no more, if a man plays
upon the square. ‘There is a great difference,’
says Verulamius, ’between a cunning man and
a wise man (between a demagogue and a legislator),
not only in point of honesty, but in point of ability
as there be that can pack the cards, and yet cannot
play well; so there be some that are good in canvasses
and fractions, that are otherwise weak men.’
Allow me but these orders, and let them come with
their cards in their sleeves, or pack if they can.
‘Again,’ says he, ’it is one thing
to understand persons, and another to understand matters;
for many are perfect in men’s humors that are
not greatly capable of the real part of business,
which is the constitution of one that has studied men
more than books. But there is nothing more hurtful
in a State than that cunning men should pass for wise.’
His words are an oracle. As Dionysius, when he
could no longer exercise his tyranny among men, turned
schoolmaster, that he might exercise it among boys.
Allow me but these orders, and your grandees, so well
skilled in the baits and palates of men, shall turn
rat-catchers.
“And whereas ’councils
(as is discreetly observed by the same author in his
time) are at this day, in most places, but familiar
meetings (somewhat like the Academy of our provosts),
where matters are rather talked on than debated, and
run too swift to order an act of council,’ give
me my orders, and see if I have not puzzled your demagogues.
“It is not so much my desire
to return upon haunts, as theirs that will not be
satisfied; wherefore if, notwithstanding what was said
of dividing and choosing in our preliminary discourses,
men will yet be returning to the question, Why the
Senate must be a council apart (though even in Athens,
where it was of no other constitution than the popular
assembly, the distinction of it from the other was
never held less than necessary) this may be added
to the former reasons, that if the aristocracy be
not for the debate, it is for nothing; but if it be
for debate, it must have convenience for it; and what
convenience is there for debate in a crowd, where
there is nothing but jostling, treading upon one another,
and stirring of blood, than which in this case there
is nothing more dangerous? Truly, it was not ill
said of my Lord Epimonus, that Venice plays her game,
as it were, at billiards or nine-holes; and so may
your lordships, unless your ribs be so strong that
you think better of football: for such sport is
debate in a popular assembly as, notwithstanding the
distinction of the Senate, was the destruction of
Athens.”
This speech concluded the debate which
happened at the institution of the Senate. The
next assembly is that of the people or prerogative
tribe.
The face, or mien, of the prerogative
tribe for the arms, the horses, and the discipline,
but more especially for the select men, is that of
a very noble regiment, or rather of two; the one of
horse, divided into three troops (besides that of
the provinces, which will be shown hereafter), with
their captains, cornets, and two tribunes of the horse
at the head of them; the other of foot in three companies
(beside that of the provinces), with their captains,
ensigns, and two tribunes of the foot at the head
of them. The first troop is called the Phoenix,
the second the Pelican, and the third the Swallow.
The first company the Cypress, the second the Myrtle,
and the third the Spray. Of these again (not
without a near resemblance of the Roman division of
a tribe) the Phoenix and the Cypress constitute the
first class, the Pelican and the Myrtle the second,
and the Swallow with the Spray the third, renewed
every spring by
The one-and-twentieth order, “Directing,
that upon every Monday next ensuing the last of March,
the deputies of the annual galaxy arriving at the
pavilion in the halo, and electing one captain and
one cornet of the Swallow (triennial officers) by
and out of the cavalry at the horse urn, according
to the rules contained in the ballot of the hundred;
and one captain with one ensign of the Spray (triennial
officers) by and out of the infantry at the foot urn,
after the same way of balloting, constitute and become
the third classes of the prerogative tribe.”
Seven deputies are annually returned
by every tribe, whereof three are horse and four are
foot; and there be fifty tribes: so the Swallow
must consist of 150 horse, the Spray of 200 foot.
And the rest of the classes being two, each of them
in number equal, the whole prerogative (beside the
provinces, that is, the knights and deputies of Marpesia
and Panopea) must consist of 1,050 deputies.
And these troops and companies may as well be called
centuries as those of the Romans; for the Romans related
not, in so naming theirs, to the number. And whereas
they were distributed according to the valuation of
their estates, so are these; which, by virtue of the
last order, are now accommodated with their triennial
officers. But there be others appertaining to
this tribe whose election, being of far greater importance,
is annual, as follows in
The twenty-second order, “Whereby
the first class having elected their triennial officers,
and made oath to the old tribunes, that they will
neither introduce, cause, nor to their power suffer
debate to be introduced into any popular assembly
of this government, but to their utmost be aiding
and assisting to seize and deliver any person or persons
in that way offending, and striking at the root of
this commonwealth, to the Council of War, are to proceed
with the other two classes of the prerogative tribe
to election of the new tribunes, being four annual
magistrates, whereof two are to be elected out of the
cavalry at the horse urn, and two out of the infantry
at the foot urn, according to the common ballot of
the tribes. And they may be promiscuously chosen
out of any classes, provided that the same person
shall not be capable of bearing the tribunitian honor
twice in the term of one galaxy. The tribunes
thus chosen shall receive the tribe (in reference
to the power of mustering and disciplining the same)
as commanders-in-chief, and for the rest as magistrates,
whose proper function is prescribed by the next order.
The tribunes may give leave to any number of the prerogative,
not exceeding 100 at a time, to be absent, so they
be not magistrates nor officers, and return within
three months. If a magistrate or officer has
a necessary occasion, he may also be absent for the
space of one month, provided that there be not above
three cornets or ensigns, two captains, or one tribune
so absent at one time.”
To this the Archon spoke at the institution
after this manner:
“My lords:
“It is affirmed by Cicero, in
his oration for Flaccus, that the commonwealths
of Greece were all shaken or ruined by the intemperance
of their Comitia, or assemblies of the people.
The truth is, if good heed in this point be not taken,
a commonwealth will have bad legs. But all the
world knows he should have excepted Lacedaemon, where
the people, as has been shown by the oracle, had no
power at all of debate, nor (till after Lysander,
whose avarice opened a gulf that was not long ere it
swallowed up his country) came it ever to be exercised
by them. Whence that commonwealth stood longest
and firmest of any other but this, in our days, of
Venice; which, having underlaid herself with the like
institution, owes a great, if not the greater, part
of her steadiness to the same principle; the great
Council, which is with her the people, by the authority
of my Lord Epimonus, never speaking a word. Nor
shall any commonwealth, where the people in their
political capacity is talkative, ever see half the
days of one of these, but, being carried away by vainglorious
men (that, as Overbury says, void more than they drink),
swim down the stream, as did Athens, the most prating
of these dames, when that same ranting fellow
Alcibiades fell a-demagoguing for the Silician War.
“But whereas debate, by the
authority and experience of Lacedaemon and Venice,
is not to be committed to the people in a well-ordered
government, it may be said that the order specified
is but a slight bar in a matter of like danger; for
so much as an oath, if there be no recourse upon the
breach of it, is a weak tie for such hands as have
the sword in them, wherefore what should hinder the
people of Oceana, if they happen not to regard an
oath from assuming debate, and making themselves as
much an anarchy as those of Athens? To which I
answer, Take the common sort in a private capacity,
and, except they be injured, you shall find them to
have a bashfulness in the presence of the better sort,
or wiser men, acknowledging their abilities by attention,
and accounting it no mean honor to receive respect
from them; but if they be injured by them, they hate
them, and the more for being wise or great, because
that makes it the greater injury. Nor refrain
they in this case from any kind of intemperance of
speech, if of action. It is no otherwise with
a people in their political capacity; you shall never
find that they have assumed debate for itself, but
for something else. Wherefore in Lacedaemon where
there was, and in Venice where there is, nothing else
for which they should assume it, they have never shown
so much as an inclination to it.
“Nor was there any appearance
of such a desire in the people of Rome (who from the
time of Romulus had been very well contented with the
power of result either in the parochial assemblies,
as it was settled upon them by him, or in the meetings
of the hundreds, as it was altered in their regard
for the worse by Servius Tullius) till news
was brought, some fifteen years after the exile of
Tarquin, their late King (during which time the Senate
had governed pretty well), that he was dead at the
Court of Aristodemus the tyrant of Cumae. Whereupon
the patricians, or nobility, began to let out the
hitherto dissembled venom which is inherent in the
root of oligarchy and fell immediately upon injuring
the people beyond all moderation. For whereas
the people had served both gallantly and contentedly
in arms upon their own charges, and, though joint
purchasers by their swords of the conquered lands,
had not participated in the same to above two acres
a man (the rest being secretly usurped by the patricians),
they, through the meanness of their support and the
greatness of their expense, being generally indebted,
no sooner returned home with victory to lay down their
arms, than they were snatched up by their creditors,
the nobility, to cram jails. Whereupon, but with
the greatest modesty that was ever known in the like
case, they first fell upon debate, affirming ’That
they were oppressed and captivated at home, while
abroad they fought for liberty and empire, and that
the freedom of the common people was safer in time
of war than peace, among their enemies than their
fellow-citizens.’ It is true that when
they could not get the Senate, through fear, as was
pretended by the patricians, to assemble and take
their grievances into consideration, they grew so
much the warmer, that it was glad to meet; where Appius
Claudius, a fierce spirit, was of opinion that recourse
should be had to consular power, whereby some of the
brands of sedition being taken off, the flame might
be extinguished. Servilius, being of another
temper, thought it better and safer to try if the people
might be bowed than broken.
“But this debate was interrupted
by tumultuous news of the near approach of the Volsci,
a case in which the Senate had no recourse but to the
people, who, contrary to their former custom upon the
like occasions, would not stir a foot, but fell a-laughing,
and saying, ’Let them fight that have something
to fight for.’ The Senate that had purses,
and could not sing so well before the thief, being
in a great perplexity, found no possible way out of
it but to beseech Servilius, one of a genius well
known to be popular, that he would accept of the consulship,
and make some such use of it as might be helpful to
the patrician interest. Servilius, accepting
of the offer, and making use of his interest with
the people, persuaded them to hope well of the good
intention of the fathers, whom it would little beseem
to be forced to those things which would lose their
grace, and that in view of the enemy, if they came
not freely; and withal published an edict, that no
man should withhold a citizen of Rome by imprisonment
from giving his name (for that was the way, as I shall
have opportunity hereafter to show more at large,
whereby they drew out their armies), nor to seize or
sell any man’s goods or children that were in
the camp. Whereupon the people with a mighty
concourse immediately took arms, marched forth, and
(which to them was as easy as to be put into the humor,
and that, as appears in this place, was not hard)
totally defeated the Volsci first, then the Sabines
(for the neighboring nations, hoping to have had a
good bargain of the discord in Rome, were up in arms
on all sides), and after the Sabines the Aurunci.
Whence returning, victorious in three battles they
expected no less than that the Senate would have made
good their words, when Appius Claudius, the other
Consul, of his innate pride, and that he might frustrate
the faith of his colleague, caused the soldiers (who
being set at liberty, had behaved themselves with such
valor) to be restored at their return to their creditors
and their jails.
“Great resort upon this was
made by the people to Servilius, showing him their
wounds, calling him to witness how they had behaved
themselves, and minding him of his promise. Poor
Servilius was sorry, but so overawed with the headiness
of his colleague, and the obstinacy of the whole faction
of the nobility, that, not daring to do anything either
way, he lost both parties, the fathers conceiving that
he was ambitious, and the people that he was false;
while the Consul Claudius, continuing to countenance
such as daily seized and imprisoned some of the indebted
people, had still new and dangerous controversies with
them, insomuch that the commonwealth was torn with
horrid division, and the people (because they found
it not so safe or so effectual in public) minded nothing
but laying their heads together in private conventicles.
For this Aulus Virginius and Titus Vetusius,
the new Consuls, were reproved by the Senate as slothful,
and upbraided with the virtue of Appius Claudius.
Whereupon the Consuls having desired the Senate that
they might know their pleasure, showed afterward their
readiness to obey it, by summoning the people according
to command, and requiring names whereby to draw forth
an army for diversion, but no man would answer.
Report hereof being made to the Senate, the younger
sort of the fathers grew so hot with the Consuls that
they desired them to abdicate the magistracy, which
they had not the courage to defend.
“The Consuls, though they conceived
themselves to be roughly handled, made this soft answer.
’Fathers conscript, that you may please to take
notice it was foretold some horrid sedition is at hand,
we shall only desire that they whose valor in this
place is so great, may stand by us to see how we behave
ourselves, and then be as resolute in your commands
as you will; your fatherhoods may know if we be wanting
in the performance.’
“At this some of the hot young
noblemen returned with the Consuls to the tribunal,
before which the people were yet standing; and the
Consuls having generally required names in vain, to
put it to something, required the name of one that
was in their eye particularly; on whom, when he moved
not, they commanded a lictor to lay hands, but the
people, thronging about the party summoned, forbade
the lictor, who durst not touch him; at which the
hotspurs that came with the consuls, enraged by the
affront, descended from the throne to the aid of the
lictor; from whom in so doing they turned the indignation
of the people upon themselves with such heat that
the Consuls interposing, thought fit, by remitting
the assembly, to appease the tumult; in which, nevertheless,
there had been nothing but noise. Nor was there
less in the Senate, being suddenly rallied upon this
occasion, where they that received the repulse, with
others whose heads were as addled as their own, fell
upon the business as if it had been to be determined
by clamor till the Consuls, upbraiding the Senate
that it differed not from the market-place, reduced
the house to orders.
“And the fathers, having been
consulted accordingly, there were three opinions:
Publius Virginius conceived that the consideration
to be had upon the matter in question, or aid of the
indebted and imprisoned people, was not to be further
extended than to such as had engaged upon the promise
made by Servilius; Titus Largius, that it was no time
to think it enough, if men’s merits were acknowledged,
while the whole people, sunk under the weight of their
debts, could not emerge without some common aid, which
to restrain, by putting some into a better condition
than others, would rather more inflame the discord
than extinguish it; Appius Claudius (still upon the
old haunt) would have it that the people were rather
wanton than fierce; it was not oppression that necessitated,
but their power that invited them to these freaks;
the empire of the Consuls since the appeal to the people
(whereby a plebeian might ask his fellows if he were
a thief) being but a mere scarecrow. ‘Go
to,’ says he, ’let us create the dictator,
from whom there is no appeal, and then let me see
more of this work, or him that shall forbid my lictor.’
“The advice of Appius was abhorred
by many; and to introduce a general recision of debts
with Largius, was to violate all faith; that of Virginius,
as the most moderate, would have passed best, but that
there were private interests, that constant bane of
the public, which withstood it. So they concluded
with Appius, who also had been dictator, if the Consuls
and some of the graver sort had not thought it altogether
unseasonable, at a time when the Volsci and the Sabines
were up again, to venture so far upon alienation of
the people: for which cause Valerius, being descended
from the Publicolas, the most popular family, as also
in his own person of a mild nature, was rather trusted
with so rigid a magistracy. Whence it happened
that the people, though they knew well enough against
whom the Dictator was created, feared nothing from
Valerius; but upon a new promise made to the same effect
with that of Servilius, hoped better another time,
and throwing away all disputes, gave their names roundly,
went out, and, to be brief, came home again as victorious
as in the former action, the Dictator entering the
city in triumph. Nevertheless, when he came to
press the Senate to make good his promise, and do
something for the ease of the people, they regarded
him no more as to that point than they had done Servilius.
Whereupon the Dictator, in disdain to be made a stale,
abdicated his magistracy, and went home. Here,
then, was a victorious army without a captain, and
a Senate pulling it by the beard in their gowns.
What is it (if you have read the story, for there
is not such another) that must follow? Can any
man imagine that such only should be the opportunity
upon which this people could run away?
“Alas, poor men, the AEqui and
the Volsci and the Sabines were nothing, but
the fathers invincible! There they sat, some 300
of them armed all in robes, and thundering with their
tongues, without any hopes in the earth to reduce
them to any tolerable conditions. Wherefore, not
thinking it convenient to abide long so near them,
away marches the army, and encamps in the fields.
This retreat of the people is called the secession
of Mount Aventin, where they lodged, very sad at their
condition, but not letting fall so much as a word of
murmur against the fathers. The Senate by this
time were great lords, had the whole city to themselves;
but certain neighbors were upon the way that might
come to speak with them, not asking leave of the porter.
Wherefore their minds became troubled, and an orator
was posted to the people to make as good conditions
with them as he could; but, whatever the terms were,
to bring them home, and with all speed. And here
it was covenanted between the Senate and the people,
that these should have magistrates of their own election,
called the tribunes, upon which they returned.
“To hold you no longer, the
Senate having done this upon necessity, made frequent
attempts to retract it again, while the tribunes, on
the other side, to defend what they had got, instituted
their Tributa Comitia, or council of the people;
where they came in time, and, as disputes increased,
to make laws without the authority of the Senate, called
plebiscita. Now to conclude in the point at which
I drive: such were the steps whereby the people
of Rome came to assume debate, nor is it in art or
nature to debar a people of the like effect, where
there is the like cause. For Romulus, having
in the election of his Senate squared out a nobility
for the support of a throne, by making that of the
patricians a distinct and hereditary order, planted
the commonwealth upon two contrary interests or roots,
which, shooting forth, in time produced two commonwealths,
the one oligarchical in the nobility, the other a mere
anarchy of the people, and ever after caused a perpetual
feud and enmity between the Senate and the people,
even to death.
“There is not a more noble or
useful question in the politics than that which is
started by Machiavel, whether means were to be
found whereby the enmity that was between the Senate
and the people of Rome could have been removed?
Nor is there any other in which we, on the present
occasion, are so much concerned, particularly in relation
to this author; forasmuch as his judgment in the determination
of the question standing, our commonwealth falls.
And he that will erect a commonwealth against the
judgment of Machiavel, is obliged to give such
reasons for his enterprise as must not go a-begging.
Wherefore to repeat the politician very honestly,
but somewhat more briefly, he disputes thus:
“’There be two sorts of
commonwealths, the one for preservation, as Lacedaemon
and Venice; the other for increase, as Rome.
“’Lacedaemon, being governed
by a King and a small Senate, could maintain itself
a long time in that condition, because the inhabitants,
being few, having put a bar upon the reception of strangers,
and living in a strict observation of the laws of
Lycurgus, which now had got reputation, and taken
away all occasion of tumults, might well continue
long in tranquillity. For the laws of Lycurgus
introduced a greater equality in estates, and a less
equality in honors, whence there was equal poverty;
and the plebeians were less ambitious, because the
honors or magistracies of the city could extend but
to a few and were not communicable to the people,
nor did the nobility by using them ill ever give them
a desire to participate of the same. This proceeded
from the kings, whose principality, being placed in
the midst of the nobility, had no greater means whereby
to support itself than to shield the people from all
injury; whence the people, not fearing empire, desired
it not; and so all occasion of enmity between the
Senate and the people was taken away. But this
union happened especially from two causes: the
one that the inhabitants of Lacedaemon being few,
could be governed by the few; the other, that, not
receiving strangers into their commonwealth, they
did not corrupt it, nor increase it to such a proportion
as was not governable by the few.
“’Venice has not divided
with her plebeians, but all are called gentlemen that
be in administration of the government; for which
government she is more beholden to chance than the
wisdom of her law-makers; for many retiring to those
islands, where that city is now built, from the inundations
of barbarians that overwhelmed the Roman Empire, when
they were increased to such a number that to live together
it was necessary to have laws, they ordained a form
of government, whereby assembling often in council
upon affairs, and finding their number sufficient
for government, they put a bar upon all such as repairing
afterward to their city should become inhabitants,
excluding them from participation of power. Whence
they that were included in the administration had
right, and they that were excluded, coming afterward,
and being received upon no other conditions to be inhabitants,
had no wrong, and therefore had no occasion, nor (being
never trusted with arms) any means to be tumultuous.
Wherefore this commonwealth might very well maintain
itself in tranquillity.
“’These things considered,
it is plain that the Roman legislators, to have introduced
a quiet state, must have done one of these two things:
either shut out strangers, as the Lacedemonians; or,
as the Venetians, not allowed the people to bear arms.
But they did neither. By which means the people,
having power and increase, were in perpetual tumult.
Nor is this to be helped in a commonwealth for increase,
seeing if Rome had cut off the occasion of her tumults,
she must have cut off the means of her increase, and
by consequence of her greatness.
“’Wherefore let a legislator
consider with himself whether he would make his commonwealth
for preservation, in which case she may be free from
tumults; or for increase, in which case she must be
infested with them.
“’If he makes her for
preservation, she may be quiet at home, but will be
in danger abroad. First, because her foundation
must be narrow, and therefore weak, as that of Lacedaemon,
which lay but upon 30,000 citizens; or that of Venice,
which lies but upon 3,000. Secondly, such a commonwealth
must either be in peace, or war; if she be in peace,
the few are soonest effeminated and corrupted and so
obnoxious also to faction. If in war, succeeding
ill, she is an easy prey; or succeeding well, ruined
by increase: a weight which her foundation is
not able to bear. For Lacedaemon, when she had
made herself mistress upon the matter of all Greece,
through a slight accident, the rebellion of Thebes,
occasioned by the conspiracy of Pelopidas discovering
this infirmity of her nature, the rest of her conquered
cities immediately fell off, and in the turn as it
were of a hand reduced her from the fullest tide to
the lowest ebb of her fortune. And Venice having
possessed herself of a great part of Italy by her
purse, was no sooner in defence of it put to the trial
of arms than she lost all in one battle.
“’Whence I conclude that
in the ordination of a commonwealth a legislator is
to think upon that which is most honorable, and, laying
aside models for preservation, to follow the example
of Rome conniving at, and temporizing with, the enmity
between the Senate and the people, as a necessary
step to the Roman greatness. For that any man
should find out a balance that may take in the conveniences
and shut out the inconveniences of both, I do not
think it possible.’ These are the words
of the author, though the method be somewhat altered,
to the end that I may the better turn them to my purpose.
“My lords, I do not know how
you hearken to this sound; but to hear the greatest
artist in the modern world giving sentence against
our commonwealth is that with which I am nearly concerned.
Wherefore, with all honor due to the prince of politicians,
let us examine his reasoning with the same liberty
which he has asserted to be the right of a free people.
But we shall never come up to him, except by taking
the business a little lower, we descend from effects
to their causes. The causes of commotion in a
commonwealth are either external or internal.
External are from enemies, from subjects, or from
servants. To dispute then what was the cause
why Rome was infested by the Italian, or by the servile
wars; why the slaves took the capitol; why the Lacedaemonians
were near as frequently troubled with their helots
as Rome with all those; or why Venice, whose situation
is not trusted to the faith of men, has as good or
better quarter with them whom she governs, than Rome
had with the Latins; were to dispute upon external
causes. The question put by Machiavel is
of internal causes; whether the enmity that Was between
the Senate and the people of Rome might have been
removed. And to determine otherwise of this question
than he does, I must lay down other principles than
he has done. To which end I affirm that a commonwealth,
internally considered, is either equal or unequal.
A commonwealth that is internally equal, has no internal
cause of commotion, and therefore can have no such
effect but from without. A commonwealth internally
unequal has no internal cause of quiet, and therefore
can have no such effect but by diversion.
“To prove my assertions, I shall
at this time make use of no other than his examples.
Lacedaemon was externally unquiet, because she was
externally unequal, that is as to her helots; and she
was internally at rest, because she was equal in herself,
both in root and branch; in the root by her agrarian,
and in branch by the Senate, inasmuch as no man was
thereto qualified but by election of the people.
Which institution of Lycurgus is mentioned by Aristotle,
where he says that rendering his citizens emulous
(not careless) of that honor, he assigned to the people
the election of the Senate. Wherefore Machiavel
in this, as in other places, having his eye upon the
division of patrician and plebeian families as they
were in Rome, has quite mistaken the orders of this
commonwealth, where there was no such thing. Nor
did the quiet of it derive from the power of the kings,
who were so far from shielding the people from the
injury of the nobility, of which there was none in
his sense but the Senate, that one declared end of
the Senate at the institution was to shield the people
from the kings, who from that time had but single
votes. Neither did it proceed from the straitness
of the Senate, or their keeping the people excluded
from the government, that they were quiet, but from
the equality of their administration, seeing the Senate
(as is plain by the oracle, their fundamental law)
had no more than the debate, and the result of the
commonwealth belonged to the people.
“Wherefore when Theopompus and
Polydorus, Kings of Lacedaemon, would have kept the
people excluded from the government by adding to the
ancient law this clause, ’If the determination
of the people be faulty, it shall be lawful for the
Senate to resume the debate,’ the people immediately
became unquiet, and resumed that debate, which ended
not till they had set up their ephors, and caused
that magistracy to be confirmed by their kings.”
For when Theopompus first ordained that the ephori
or overseers should be created at Lacedaemon, to be
such a restraint upon the kings there as the tribunes
were upon the consuls at Rome, the Queen complained
to him, that by this means he transmitted the royal
authority greatly diminished to his children:
“I leave indeed less,” answered he, “but
more lasting.” And this was excellently
said; for that power only is safe which is limited
from doing hurt. Theopompus therefore, by confining
the kingly power within the bounds of the laws, did
recommend it by so much to the people’s affection
as he removed it from being arbitrary.’
By which it may appear that a commonwealth for preservation,
if she comes to be unequal, is as obnoxious to enmity
between the Senate and the people as a commonwealth
for increase; and that the tranquillity of Lacedaemon
was derived from no other cause than her equality.
“For Venice, to say that she
is quiet because she disarms her subjects, is to forget
that Lacedaemon disarmed her helots, and yet could
not in their regard be quiet; wherefore if Venice
be defended from external causes of commotion, it
is first through her situation, in which respect her
subjects have no hope (and this indeed may be attributed
to her fortune); and, secondly, through her exquisite
justice, whence they have no will to invade her.
But this can be attributed to no other cause than
her prudence, which will appear to be greater, as we
look nearer; for the effects that proceed from fortune,
if there be any such thing, are like their cause,
inconstant. But there never happened to any other
commonwealth so undisturbed and constant a tranquillity
and peace in herself as are in that of Venice; wherefore
this must proceed from some other cause than chance.
And we see that as she is of all others the most quiet,
so the most equal commonwealth. Her body consists
of one order, and her Senate is like a rolling stone,
as was said, which never did, nor, while it continues
upon that rotation, never shall gather the moss of
a divided or ambitious interest, much less such a one
as that which grasped the people of Rome in the talons
of their own eagles. And if Machiavel, averse
from doing this commonwealth right, had considered
her orders, as his reader shall easily perceive he
never did, he must have been so far from attributing
the prudence of them to chance, that he would have
touched up his admirable work to that perfection which,
as to the civil part, has no pattern in the universal
world but this of Venice.
“Rome, secure by her potent
and victorious arms from all external causes of commotion,
was either beholden for her peace at home to her enemies
abroad, or could never rest her head. My lords,
you that are parents of a commonwealth, and so freer
agents than such as are merely natural, have a care.
For, as no man shall show me a commonwealth born straight
that ever became crooked, so no man shall show me a
commonwealth born crooked that ever became straight.
Rome was crooked in her birth, or rather prodigious.
Her twins, the patrician and plebeian orders, came,
as was shown by the foregoing story, into the world,
one body but two heads, or rather two bellies; for,
notwithstanding the fable out of AEsop, whereby Menenius
Agrippa, the orator that was sent from the Senate
to the people at Mount Aventin, showed the fathers
to be the belly, and the people to be the arms and
the legs (which except that, how slothful soever it
might seem, they were nourished, not these only, but
the whole body must languish and be dissolved), it
is plain that the fathers were a distinct belly, such
a one as took the meat indeed out of the people’s
mouths, but abhorring the agrarian, returned it not
in the due and necessary nutrition of a commonwealth.
Nevertheless, as the people that live about the cataracts
of Nilus are said not to hear the noise, so neither
the Roman writers, nor Machiavel the most conversant
with them, seem among so many of the tribunitian storms
to hear their natural voice; for though they could
not miss of it so far as to attribute them to the
strife of the people for participation in magistracy,
or, in which Machiavel more particularly joins,
to that about the agrarian, this was to take the business
short, and the remedy for the disease.
“A people, when they are reduced
to misery and despair, become their own politicians,
as certain beasts, when they are sick, become their
own physicians, and are carried by a natural instinct
to the desire of such herbs as are their proper cure;
but the people, for the greater part, are beneath
the beasts in the use of them. Thus the people
of Rome, though in their misery they had recourse
by instinct, as it were, to the two main fundamentals
of a commonwealth, participation of magistracy and
the agrarian, did but taste and spit at them, not (which
is necessary in physic) drink down the potion, and
in that their healths. For when they had obtained
participation of magistracy it was but lamely, not
to a full and equal rotation in all elections; nor
did they greatly regard it in what they had got.
And when they had attained to the agrarian, they neglected
it so far as to suffer the law to grow obsolete; but
if you do not take the due dose of your medicines
(as there be slight tastes which a man may have of
philosophy that incline to atheism) it may chance to
be poison, there being a like taste of the politics
that inclines to confusion, as appears in the institution
of the Roman tribunes, by which magistracy and no
more the people were so far from attaining to peace,
that they in getting but so much, got but heads for
an eternal feud; whereas if they had attained in perfection
either to the agrarian, they had introduced the equality
and calm of Lacedaemon, or to rotation, and they had
introduced that of Venice: and so there could
have been no more enmity between the Senate and the
people of Rome than there was between those orders
in Lacedaemon, or is now in Venice. Wherefore
Machiavel seems to me, in attributing the peace
of Venice more to her luck than her prudence, of the
whole stable to have saddled the wrong horse; for
though Rome in her military part could beat it better,
beyond all comparison, upon the sounding hoof, Venice
for the civil part has plainly had the wings of Pegasus.
“The whole question then will
come upon this point, whether the people of Rome could
have obtained these orders? And first, to say
that they could not have obtained them without altering
the commonwealth, is no argument; seeing neither could
they, without altering the commonwealth, have obtained
their tribunes, which nevertheless were obtained.
And if a man considers the posture that the people
were in when they obtained their tribunes, they might
as well, and with as great ease (forasmuch as the
reason why the nobility yielded to the tribunes was
no other than that there was no remedy) have obtained
anything else. And for experience, it was in
the like case that the Lacedaemonians did set up their
ephors, and the Athenians, after the battle of Plataea,
bowed the Senate (so hard a thing it is for a commonwealth
that was born crooked to become straight) as much
the other way. Nor, if it be objected that this
must have ruined the nobility (and in that deprived
the commonwealth of the greatness which she acquired
by them), is this opinion holding, but confuted by
the sequel of the story, showing plainly that the
nobility, through the defect of such orders (that is
to say, of rotation and the agrarian), came to eat
up the people; and battening themselves in luxury,
to be, as Sallust speaks of them, ’a most sluggish
and lazy nobility, in whom, besides the name, there
was no more than in a statue;’ and to bring
so mighty a commonwealth, and of so huge a glory,
to so deplorable an end. Wherefore means might
have been found to remove the enmity that was between
the Senate and the people of Rome.
“My lords, if I have argued
well, I have given you the comfort and assurance that,
notwithstanding the judgment of Machiavel, your
commonwealth is both safe and sound; but if I have
not argued well, then take the comfort and assurance
which he gives you while he is firm, that a legislator
is to lay aside all other examples, and follow that
of Rome only, conniving and temporizing with the enmity
between the Senate and the people as a necessary step
to the Roman greatness. Whence it follows that
your commonwealth, at the worst, is that which he has
given you his word is the best.
“I have held your lordships
long, but upon an account of no small importance,
which I can now sum up in these few words: where
there is a liquorishness in a popular assembly to
debate, it proceeds not from the constitution of the
people, but of the commonwealth. Now that your
commonwealth is of such a constitution as is naturally
free from this kind of intemperance, is that which,
to make good, I must divide the remainder of my discourse
into two parts:
“The first, showing the several
constitutions of the assemblies of the people in other
commonwealths;
“The second, comparing our assembly
of the people with theirs; and showing how it excludes
the inconveniences and embraces the conveniences of
them all.
“In the beginning of the first
part I must take notice, that among the popular errors
of our days it is no small one that men imagine the
ancient governments of this kind to have consisted
for the most part of one city that is, of one town;
whereas by what we have learned of my ’lords
that owned them, it appears that there was not any
considerable one of such a Constitution but Carthage,
till this in our days of Venice.
“For to begin with Israel, it
consisted of the twelve tribes, locally spread or
quartered throughout the whole territory, and these
being called together by trumpets, constituted the
Church or assembly of the people. The vastness
of this weight, as also the slowness thence unavoidable,
became a great cause (as has been shown at large by
my Lord Phosphorus) of the breaking that commonwealth;
notwithstanding that the Temple, and those religious
ceremonies for which the people were at least annually
obliged to repair thither, were no small ligament of
the tribes, otherwise but slightly tacked together.
“Athens consisted of four tribes,
taking in the whole people, both of the city and of
the territory; not so gathered by Theseus into one
town, as to exclude the country, but to the end that
there might be some capital of the commonwealth:
though true it be, that the congregation, consisting
of the inhabitants within the walls, was sufficient
to all intents and purposes, without those of the
country. These also being exceeding numerous,
became burdensome to themselves and dangerous to the
commonwealth; the more for their ill-education, as
is observed by Xenophon and Polybius, who compare
them to mariners that in a calm are perpetually disputing
and swaggering one with another, and never lay their
hands to the common tackling or safety till they be
all endangered by some storm. Which caused Thucydides,
when he saw this people through the purchase of their
misery become so much wiser as to reduce their Comitia
or assemblies to 5,000, to say in his eighth book:
’And now, at least in my time, the Athenians
seem to have ordered their State aright, consisting
of a moderate tempor both of the few (by which he means
the Senate of the Bean) and of the many,’ or
the 5,000. And he does not only give you his
judgment, but the best proof of it; for ‘this,’
says he, ’was the first thing that, after so
many misfortunes past, made the city again to raise
her head.’ The place I would desire your
lordships to note, as the first example that I find,
or think is to be found, of a popular assembly by
way of representative.
“Lacedaemon consisted of 30,000
citizens dispersed throughout Laconia, one of the
greatest provinces in all Greece, and divided, as by
some authors is probable, into six tribes. Of
the whole body of these, being gathered, consisted
the great Church or assembly, which had the legislative
power; the little church, gathered sometimes for matters
of concern within the city, consisted of the Spartans
only. These happened, like that of Venice, to
be good constitutions of a congregation, but from
an ill-cause the infirmity of a commonwealth, which
through her paucity was oligarchical.
“Wherefore, go which way you
will, it should seem that without a representative
of the people, your commonwealth, consisting of a whole
nation, can never avoid falling either into oligarchy
or confusion.
“This was seen by the Romans,
whose rustic tribes, extending themselves from the
river Arno to the Vulturnus, that is, from Fesulae
or Florence to Capua, invented a way of representative
by lots: the tribe upon which the first fell
being the prerogative, and some two or three more
that had the rest, the jure vocatoe. These gave
the suffrage of the commonwealth in two meetings;
the prerogative at the first assembly, and the jure
vocatoe at a second.
“Now to make the parallel:
all the inconveniences that you have observed in these
assemblies are shut out, and all the conveniences taken
into your prerogative. For first, it is that
for which Athens, shaking off the blame of Xenophon
and Polybius, came to deserve the praise of Thucydides,
a representative. And, secondly, not, as I suspect
in that of Athens, and is past suspicion in this of
Rome, by lot, but by suffrage, as was also the late
House of Commons, by which means in your prerogatives
all the tribes of Oceana are jure vocatoe; and if a
man shall except against the paucity of the standing
number, it is a wheel, which in the revolution of
a few years turns every hand that is fit, or fits
every hand that it turns to the public work. Moreover,
I am deceived if, upon due consideration, it does
not fetch your tribes, with greater equality and ease
to themselves and to the government, from the frontiers
of Marpesia, than Rome ever brought any one of hers
out of her pomoeria, or the nearest parts of her adjoining
territories. To this you may add, that whereas
a commonwealth, which in regard of the people is not
of facility in execution, were sure enough in this
nation to be cast off through impatience; your musters
and galaxies are given to the people, as milk to babes,
whereby when they are brought up through four days’
election in a whole year (one at the parish, one at
the hundred, and two at the tribe) to their strongest
meat, it is of no harder digestion than to give their
negative or affirmative as they see cause. There
be gallant men among us that laugh at such an appeal
or umpire; but I refer it whether you be more inclining
to pardon them or me, who I confess have been this
day laughing at a sober man, but without meaning him
any harm, and that is Petrus Cunaeus, where speaking
of the nature of the people, he says, ’that
taking them apart, they are very simple, but yet in
their assemblies they see and know something, and so
runs away without troubling himself with what that
something is. Whereas the people, taken apart,
are but so many private interests; but if you take
them together, they are the public interest.
“The public interest of a commonwealth,
as has been shown, is nearest that of mankind, and
that of mankind is right reason; but with aristocracy
(whose reason or interest, when they are all together,
as appeared by the patricians, is but that of a party)
it is quite contrary: for as, taken apart, they
are far wiser than the people considered in that manner,
so, being put together, they are such fools, who by
deposing the people, as did those of Rome, will saw
off the branch whereupon they sit, or rather destroy
the root of their own greatness. Wherefore Machiavel,
following Aristotle, and yet going before him, may
well assert, ’that the people are wiser and more
constant in their resolutions than a prince:’
which is the prerogative of popular government for
wisdom. And hence it is that the prerogative
of your commonwealth, as for wisdom so for power, is
in the people, which (though I am not ignorant that
the Roman prerogative was so called a proerogando,
because their suffrage was first asked) gives the
denomination to your prerogative tribe.”
The elections, whether annual or triennial,
being shown by the twenty-second, that which comes
in the next place to be considered is
The twenty-third order, “Showing
the power, function, and manner of proceeding of the
prerogative tribe.
“The power or function of the
prerogative is of two parts: the one of result,
in which it is the legislative, power, the other of
judicature, in which regard it is the highest court,
and the last appeal in this commonwealth.
“For the former part (the people
by this constitution being not obliged by any law
that is not of their own making or confirmation, by
the result of the prerogative, their equal representative)
it shall not be lawful for the Senate to require obedience
from the people, nor for the people to give obedience
to the Senate in or by any law that has not been promulgated,
or printed and published for the space of six weeks,
and afterward proposed by the authority of the Senate
to the prerogative tribe, and resolved by the major
vote of the same in the affirmative. Nor shall
the Senate have any power to levy war, men, or money,
otherwise than by the consent of the people so given,
or by a law so enacted, except in cases of exigence,
in which it is agreed that the power, both of the
Senate and the people, shall be in the dictator so
qualified, and for such a term of time, as is according
to that constitution already prescribed. While
a law is in promulgation, the censors shall animadvert
upon the Senate, and the tribunes upon the people,
that there be no laying of heads together, no conventicles
or canvassing to carry on or oppose anything; but
that all may be done in a free and open way.
“For the latter part of the
power of the prerogative, or that whereby they are
the supreme judicatory of this nation, and of the provinces
of the same, the cognizances of crimes against the
majesty of the people, such as high treason, as also
of peculation, that is, robbery of the treasury, or
defraudation of the commonwealth, appertains to this
tribe. And if any person or persons, provincials
or citizens, shall appeal to the people, it belongs
to the prerogative to judge and determine the case;
provided that if the appeal be from any court of justice
in this nation or the provinces, the appellant shall
first deposit L100 in the court from which he appeals,
to be forfeited to the same if he be cast in his suit
by the people. But the power of the Council of
War being the expedition of this commonwealth, and
the martial law of the strategus in the field, are
those only from which there shall lie no appeal to
the people.
“The proceeding of the prerogative
in case of a proposition is to be thus ordered:
The magistrates, proposing by authority of the Senate,
shall rehearse the whole matter, and expound it to
the people; which done, they shall put the whole together
to the suffrage, with three boxes, the negative, the
affirmative, and the non-sincere; and the suffrage
being returned to the tribunes, and numbered in the
presence of the proposers. If the major vote
be in the non-sincere, the proposer shall desist,
and the Senate shall resume the debate. If the
major vote be in the negative, the proposers shall
desist, and the Senate, too. But if the major
vote be in the affirmative, then the tribe is clear
and the proposers shall begin and put the whole matter,
with the negative and the affirmative (leaving out
the non-sincere) by clauses; and the suffrages
being taken and numbered by the tribunes in the presence
of the proposers, shall be written and reported by
the tribunes of the Senate. And that which is
proposed by the authority of the Senate, and confirmed
by the command of the people, is the law of Oceana.
“The proceeding of the prerogative
in a case of judicature is to be thus ordered:
The tribunes being auditors of all causes appertaining
to the cognizance of the people, shall have notice
of the suit or trial, whether of appeal or otherwise,
that is to be commenced; and if any one of them shall
accept of the same, it appertains to him to introduce
it. A cause being introduced, and the people
mustered or assembled for the decision of the same,
the tribunes are presidents of the court, having power
to keep it to orders, and shall be seated upon a scaffold
erected in the middle of the tribe. Upon the
right hand shall stand a seat or large pulpit assigned
to the plaintiff or the accuser; and, upon the left,
another for the defendant, each if they please with
his counsel. And the tribunes (being attended
upon such occasions with so many ballotins, secretaries,
doorkeepers, and messengers of the Senate as shall
be requisite) one of them shall turn up a glass of
the nature of an hour-glass, but such a one as is
to be of an hour and a half’s running; which
being turned up, the party or counsel on the right
hand may begin to speak to the people. If there
be papers to be read, or witnesses to be examined,
the officer shall lay the glass sideways till the
papers be read and the witnesses examined, and then
turn it up again; and so long as the glass is running,
the party on the right hand has liberty to speak,
and no longer. The party on the right hand having
had his time, the like shall be done in every respect
for the party on the left. And the cause being
thus heard, the tribunes shall put the question to
the tribe with a white, a black, and a red box (or
non-sincere), whether guilty or not guilty. And
if the suffrage being taken, the major vote be in
the non-sincere, the cause shall be reheard upon the
next juridicial day following, and put to the question
in the same manner. If the major vote comes the
second time in the non-sincere, the cause shall be
heard again upon the third day; but at the third hearing
the question shall be put without the non-sincere.
Upon the first of the three days in which the major
vote comes in the white box, the party accused is
absolved; and upon the first of them in which it comes
in the black box, the party accused is condemned.
The party accused being condemned, the tribunes (if
the case be criminal) shall put with the white and
the black box these questions, or such of them as,
regard had to the case, they shall conceive most proper:
1. Whether he shall have a writ of
ease; 2. Whether he shall be fined so much or
so much; 3. Whether he shall be confiscated;
4. Whether he shall be rendered incapable of
magistracy; 5. Whether he shall be banished;
6. Whether he shall be put to death.
“These, or any three of these
questions, whether simple or such as shall be thought
fitly mixed, being put by the tribunes, that which
has most above half the votes in the black box is
the sentence of the people, which the troop of the
third class is to see executed accordingly.
“But whereas by the constitution
of this commonwealth it may appear that neither the
propositions of the Senate nor the judicature of the
people will be so frequent as to hold the prerogative
in continual employment, the Senate, a main part of
whose office it is to teach and instruct the people,
shall duly (if they have no greater affairs to divert
them) cause an oration to be made to the prerogative
by some knight or magistrate of the Senate, to be
chosen out of the ablest men, and from time to time
appointed by the orator of the house, in the great
hall of the Pantheon, while the Parliament resides
in the town, or in some grove or sweet place in the
field, while the Parliament for the heat of the year
shall reside in the country, upon every Tuesday, morning
or afternoon.
“And the orator appointed for
the time to this office shall first repeat the orders
of the commonwealth with all possible brevity; and
then, making choice of one or some part of it, discourse
thereof to the people. An oration or discourse
of this nature, being afterward perused by the Council
of State, may as they see cause be printed and published.”
The Archon’s comment upon the
order I find to have been of this sense:
“My lords:
“To crave pardon for a word
or two in further explanation of what was read, I
shall briefly show how the constitution of this tribe
or assembly answers to their function; and how their
function, which is of two parts, the former in the
result or legislative power, the latter in the supreme
judicature of the commonwealth, answers to their constitution.
Machiavel has a discourse, where he puts the question,
’Whether the guard of liberty may with more security
be committed to the nobility or to the people?’
Which doubt of his arises through the want of explaining
his terms; for the guard of liberty can signify nothing
else but the result of the commonwealth; so that to
say that the guard of liberty may be committed to
the nobility, is to say that the result may be committed
to the Senate, in which case the people signify nothing.
“Now to show it was a mistake
to affirm it to have been thus in Lacedaemon, sufficient
has been spoken; and whereas he will have it to be
so in Venice also: ‘They,’ says Contarini,
’in whom resides the supreme power of the whole
commonwealth, and of the laws, and upon whose orders
depends the authority as well of the Senate as of all
the other magistrates, is the Great Council.’
It is institutively in the Great Council, by the judgment
of all that know that commonwealth; though, for the
reasons shown, it be sometimes exercised by the Senate.
Nor need I run over the commonwealths in this place
for the proof of a thing so doubtless, and such as
has been already made so apparent, as that the result
of each was in the popular part of it. The popular
part of yours, or the prerogative tribe, consists
of seven deputies (whereof three are of the horse)
annually elected out of every tribe of Oceana; which
being fifty, amounts to 150 horse and 200 foot.
And the prerogative consisting of three of these lists,
consists of 450 horse and 600 foot, besides those
of the provinces to be hereafter mentioned; by which
means the overbalance in the suffrage remaining to
the foot by 150 votes, you have to the support of
a true and natural aristocracy the deepest root of
a democracy that has been ever planted.
“Wherefore there is nothing
in art or nature better qualified for the result than
this assembly it is noted out of Cicero by Machiavel,
’That the people, though they are not so prone
to find out truth of themselves as to follow custom
or run into error yet if they be shown truth, they
not only acknowledge and embrace it very suddenly,
but are the most constant and faithful guardians and
conservators of it.’ it is your duty and office,
whereto you are also qualified by the orders of this
commonwealth, to have the people as you have your hawks
and greyhounds, in leashes and slips, to range the
fields and beat the bushes for them, for they are
of a nature that is never good at this sport, but when
you spring or start their proper quarry. Think
not that they will stand to ask you what it is, or
less know it than your hawks and greyhounds do theirs;
but presently make such a flight or course, that a
huntsman may as well undertake to run with his dogs,
or a falconer to fly with his hawk, as an aristocracy
at this game to compare with the people. The
people of Rome were possessed of no less a prey than
the empire of the world, when the nobility turned
tails, and perched among daws upon the tower of monarchy.
For though they did not all of them intend the thing,
they would none of them endure the remedy, which was
the agrarian.
“But the prerogative tribe has
not only the result, but is the supreme judicature,
and the ultimate appeal in this commonwealth.
For the popular government that makes account to be
of any standing, must make sure in the first place
of the appeal to the people. As an estate in
trust becomes a man’s own if he be not answerable
for it, so the power of a magistracy not accountable
to the people, from whom it was received, becoming
of private use, the commonwealth loses her liberty
Wherefore the right of supreme judicature in the people
(Without which there can be no such thing as popular
government) is confirmed by the constant practice
of all commonwealths; as that of Israel in the cases
of Achan, and of the tribe of Benjamin, adjudged by
the congregation.
“The dicasterian, or court called
the heliaia in Athens, which (the comitia of that
commonwealth consisting of the whole people, and so
being too numerous to be a judicatory) was constituted
sometimes of 500, at others of 1,000, or, according
to the greatness of the cause, of 1,500, elected by
the lot out of the whole body of the people, had, with
the nine Archons that were presidents, the cognizance
of such causes as were of highest importance in that
State. The five ephors in Lacedaemon, which were
popular magistrates, might question their kings, as
appears by the cases of Pausanias, and of Agis,
who being upon his trial in this court, was cried
to by his mother to appeal to the people, as Plutarch
has it in his life. The tribunes of the people
of Rome (like, in the nature of their magistracy,
and for some time in number, to the ephors, as being,
according to Halicarnassus and Plutarch, instituted
in imitation of them) had power to summon any man,
his magistracy at least being expired (for from the
Dictator there lay no appeal) to answer for himself
to the people. As in the case of Coriolanus, who
was going about to force the people, by withholding
corn from them in a famine, to relinquish the magistracy
of the tribunes, in that of Spurius Cassius
for affecting tyranny, of Marcus Sergius for running
away at Veii, of Caius Lucretius for spoiling his
province, of Junius Silanus for making war
without a command from the people against the Cimbri,
with divers others. And the crimes of this nature
were called loesoe majestatis, or high treason.
Examples of such as were arraigned or tried for peculation,
or defraudation of the commonwealth, were Marcus
Curius for intercepting the money of the Samnites,
Salinator for the unequal division of spoils to his
soldiers, Marcus Posthumius for cheating the commonwealth
by a feigned shipwreck. Causes of these two kinds
were of a more public nature; but the like power upon
appeals was also exercised by the people in private
matters, even during the time of the kings, as in
the case of Horatius. Nor is it otherwise with
Venice, where the Doge Loredano was sentenced by the
great Council, and Antonio Grimani, afterward doge,
questioned, for that he, being admiral, had suffered
the Turk to take Lepanto in view of his fleet.
“Nevertheless, there lay no
appeal from the Roman dictator to the people; which,
if there had, might have cost the commonwealth dear,
when Spurius Melius, affecting empire, circumvented
and debauched the tribunes: whereupon Titus Quintus
Cincinnatus was created Dictator, who having chosen
Servilius Ahala to be his lieutenant, or magister
equitum, sent him to apprehend Melius, whom, while
he disputed the commands of the Dictator and implored
the aid of the people, Ahala cut off upon the place.
By which example you may see in what cases the dictator
may prevent the blow which is ready sometimes to fall
ere the people be aware of the danger. Wherefore
there lies no appeal from the Dieci, or the Council
of Ten, in Venice, to the Great Council, nor from our
Council of War to the people. For the way of proceeding
of this tribe, or the ballot, it is, as was once said
for all, Venetian.
“This discourse of judicatories
whereupon we are fallen, brings us rather naturally
than of design from the two general orders of every
commonwealth, that is to say, from the debating part,
or the Senate, and the resolving part, or the people,
to the third, which is the executive part or the magistracy,
whereupon I shall have no need to dwell, for the executive
magistrates of this commonwealth are the strategus
in arms; the signory in their several courts, as the
chancery, the exchequer; as also the councils in divers
cases within their instructions; the censors as well
in their proper magistracy, as in the Council of Religion;
the tribunes in the government of the prerogative,
and that judicatory; and the judges with their courts;
of all which so much is already said or known as may
suffice.
“The Tuesday lectures or orations
to the people will be of great benefit to the Senate,
the prerogative, and the whole nation. To the
Senate, because they will not only teach your Senators
elocution, but keep the system of the government in
their memories. Elocution is of great use to
your Senators, for if they do not understand rhetoric
(giving it at this time for granted that the art were
not otherwise good) and come to treat with, or vindicate
the cause of the commonwealth against some other nation
that is good at it, the advantage will be subject to
remain upon the merit of the art, and not upon the
merit of the cause. Furthermore, the genius or
soul of this government being in the whole and in
every part, they will never be of ability in determination
upon any particular, unless at the same time they
have an idea of the whole. That this therefore
must be, in that regard, of equal benefit to the prerogative,
is plain; though these have a greater concernment in
it. For this commonwealth is the estate of the
people; and a man, you know, though he be virtuous,
yet if he does not understand his estate, may run
out or be cheated of it. Last of all, the treasures
of the politics will by this means be so opened, rifled,
and dispersed, that this nation will as soon dote,
like the Indians, upon glass beads, as disturb your
government with whimsies and freaks of mother-wit,
or suffer themselves to be stuttered out of their
liberties. There is not any reason why your grandees,
your wise men of this age, that laugh out and openly
at a commonwealth as the most ridiculous thing, do
not appear to be, as in this regard they are, mere
idiots, but that the people have not eyes.”
There remains no more relating to
the Senate and the people than
The twenty-fourth order, “Whereby
it is lawful for the province of Marpesia to have
thirty knights of their own election continually present
in the Senate of Oceana, together with sixty deputies
of horse, and 120 of foot in the prerogative tribe,
endued with equal power (respect had to their quality
and number) in the debate and result of this commonwealth,
provided that they observe the course or rotation
of the same by the annual return of ten knights, twenty
deputies of the horse, and forty of the foot.
The like in all respects is lawful for Panopea; and
the horse of both the provinces amounting to one troop,
and the foot to one company, one captain and one cornet
of the horse shall be annually chosen by Marpesia,
and one captain and one ensign of the foot shall be
annually chosen by Panopea.”
The orb of the prerogative being thus
complete, is not unnaturally compared to that of the
moon, either in consideration of the light borrowed
from the Senate, as from the sun; or of the ebbs and
floods of the people, which are marked by the negative
or affirmative of this tribe. And the constitution
of the Senate and the people being shown, you have
that of the Parliament of Oceana, consisting of the
Senate proposing, and of the people resolving, which
amounts to an act of Parliament. So the Parliament
is the heart, which, consisting of two ventricles,
the one greater and replenished with a grosser matter,
the other less and full of a purer, sucks in and spouts
forth the vital blood of Oceana by a perpetual circulation.
Wherefore the life of this government is no more unnatural
or obnoxious upon this score to dissolution than that
of a man; nor to giddiness than the world; seeing
the earth, whether it be itself or the heavens that
are in rotation, is so far from being giddy, that
it could not subsist without motion. But why
should not this government be much rather capable of
duration and steadiness by motion? Than which
God has ordained no other to the universal commonwealth
of mankind: seeing one generation comes and another
goes, but the earth remains firm forever, that is,
in her proper situation or place, whether she be moved
or not moved upon her proper centre. The Senate,
the people, and the magistracy, or the Parliament so
constituted, as you have seen, is the guardian of this
commonwealth, and the husband of such a wife as is
elegantly described by Solomon: “She is
like the merchant’s ships; she brings her food
from far. She considers a field, and buys it:
with the fruit of her hands she plants a vineyard.
She perceives that her merchandise is good. She
stretches forth her hands to the poor. She is
not afraid of the snow for her household; for all
her household are clothed with scarlet. She makes
herself coverings of tapestry, her clothing is silk
and purple. Her husband is known (by his robes)
in the gates, when he sits among the senators of the
land.” The gates, or inferior courts, were
branches, as it were, of the Sanhedrim, or Senate,
of Israel. Nor is our commonwealth a worse housewife,
nor has she less regard to her magistrates; as may
pear by
The twenty-fifth order, “That,
whereas the public revenue is through the late civil
wars dilapidated, the excise, being improved or improvable
to the revenue of L1,000,000, be applied, for the
space of eleven years to come, to the reparation of
the same, and for the present maintenance of the magistrates,
knights, deputies, and other officers, who, according
to their several dignities and functions, shall annually
receive toward the support of the same, as follows:
“The lord strategus marching,
is, upon another account, to have field-pay as general.
Per Annum
The lord strategus sitting...... L2,000
The lord orator...... 2,000
The three commissioners of the seal... 4,500
The three commissioners of the treasury... 4,500
The two censors.... 3,000
The 290 knights, at L500 a man..... 145,000
The four ambassadors-in-ordinary.... 12,000
The Council of War for intelligence.... 3,000
The master of the ceremonies..... 500
The master of the horse...... 500
His substitute..... 150
The twelve ballotins for their winter liveries 240
For summer liveries... 120
For their board-wages...... 480
For the keeping of three coaches of state,
twenty-four coach-horses, with coachmen
and postilions.......... 1,500
For the grooms, and keeping of sixteen
great horses for the master of the
horse, and for the ballotins whom he
is to govern and instruct in the art
of riding.......... 480
The twenty secretaries of the Parliament... 2,000
The twenty doorkeepers, who are to attend
with pole-axes,
For their coats....... 200
For their board-wages.... 1,000
The twenty messengers, which are trumpeters,
For their coats.... 200
For their board-wages..... 1,000
For ornament of the masters of the youth... 5,000
Sum L189,370
“Out of the personal estates
of every man, who at his death bequeaths not above
forty shillings to the muster of that hundred wherein
it lies, shall be levied one per cent. till the solid
revenue of the muster of the hundred amounts to L50
per annum for the prizes of the youth.
“The twelve ballotins are to
be divided into three regions, according to the course
of the Senate; the four of the first region to be elected
at the tropic out of such children as the knights
of the same shall offer, not being under eleven years
of age, nor above thirteen. And their election
shall be made by the lot at an urn set by the sergeant
of the house for that purpose in the hall of the Pantheon.
The livery of the commonwealth for the fashion or
the color may be changed at the election of the strategus
according to his fancy. But every knight during
his session shall be bound to give to his footman,
or some one of his footmen, the livery of the commonwealth.
“The prerogative tribe shall receive as follows:
By the week
The two tribunes of the horse..... L14 0
The two tribunes of the foot..... 12 0
The three captains of the horse..... 15 0
The three cornets..... 9 0
The three captains of the foot.... 12 0
The three ensigns........ 7 0
The 442 horse, at L2 a man..... 884 0
The 592 foot, at L1 10s a man.... 888 0
The six trumpeters..... 7 10
The three drummers........... 2 5
Sum by the week................ L1,850 15
Sum by the year............. L96,239 0
The total of the Senate,
the people,
and the magistracy.................... L287,459 15
“The dignity of the commonwealth,
and aids of the several magistracies and offices thereto
belonging, bring provided for as aforesaid, the overplus
of the excise, with the product of the sum rising,
shall be carefully managed by the Senate and the people
through the diligence of the officers of the Exchequer,
till it amount to L8,000,000, or to the purchase of
about L400,000 solid revenue. At which time, the
term of eleven years being expired, the excise, except
it be otherwise ordered by the Senate and the people,
shall be totally remitted and abolished forever.”
At this institution the taxes, as
will better appear in the Corollary, were abated about
one-half, which made the order, when it came to be
tasted, to be of good relish with the people in the
very beginning; though the advantages then were no
ways comparable to the consequences to be hereafter
shown. Nevertheless, my Lord Epimonus, who with
much ado had been held till now, found it midsummer
moon, and broke out of bedlam in this manner.
“My lord archon:
“I have a singing in my head
like that of a cart-wheel, my brains are upon a rotation;
and some are so merry, that a man cannot speak his
griefs, but if your high-shod prerogative, and those
same slouching fellows your tribunes, do not take
my lord strategus’s and my lord orator’s
heads, and jolt them together under the canopy, then
let me be ridiculous to all posterity. For here
is a commonwealth, to which if a man should take that
of the ’prentices in their ancient administration
of justice at Shrovetide, it were an aristocracy.
You have set the very rabble with truncheons in their
hands, and the gentry of this nation, like cocks with
scarlet gills, and the golden combs of their salaries
to boot, lest they should not be thrown at.
“Not a night can I sleep for
some horrid apparition or other; one while these myrmidons
are measuring silks by their quarterstaves, another
stuffing their greasy pouches with my lord high treasurer’s
jacobuses. For they are above 1,000 in arms to
300, which, their gowns being pulled over their ears,
are but in their doublets and hose. But what do
I speak of 1,000? There be 2,000 in every tribe,
that is, 100,000 in the whole nation, not only in
the posture of an army, but in a civil capacity sufficient
to give us what laws they please. Now everybody
knows that the lower sort of people regard nothing
but money; and you say it is the duty of a legislator
to presume all men to be wicked: wherefore they
must fall upon the richer, as they are an army; or,
lest their minds should misgive them in such a villany,
you have given them encouragement that they have a
nearer way, seeing it may be done every whit as well
as by the overbalancing power which they have in elections.
There is a fair which is annually kept in the centre
of these territories at Kiberton, a town famous for
ale, and frequented by good fellows; where there is
a solemnity of the pipers and fiddlers of this nation
(I know not whether Lacedaemon, where the Senate kept
account of the stops of the flutes and of the fiddle-strings
of that commonwealth, bad any such custom) called
the bull-running, and he that catches and holds the
bull, is the annual and supreme magistrate of that
comitia or congregation, called king piper, without
whose license it is not lawful for any of those citizens
to enjoy the liberty of his calling; nor is he otherwise
legitimately qualified (or civitate donatus) to lead
apes or bears in any perambulation of the same.
Mine host of the Bear, in Kiberton, the father of
ale, and patron of good football and cudgel players,
has any time since I can remember been grand-chancellor
of this order.
“Now, say I, seeing great things
arise from small beginnings, what should hinder the
people, prone to their own advantage and loving money,
from having intelligence conveyed to them by this same
king piper and his chancellor, with their loyal subjects
the minstrels and bear-wards, masters of ceremonies,
to which there is great recourse in their respective
perambulations, and which they will commission and
instruct, with directions to all the tribes, willing
and commanding them, that as they wish their own good,
they choose no other into the next primum mobile
but of the ablest cudgel and football players?
Which done as soon as said, your primum mobile,
consisting of no other stuff, must of necessity be
drawn forth into your nebulones and your galimofries;
and so the silken purses of your Senate and prerogative
being made of sows’ ears, most of them blacksmiths,
they will strike while the iron is hot, and beat your
estates into hob-nails, mine host of the Bear being
strategus, and king piper lord orator. Well, my
lords, it might have been otherwise expressed, but
this is well enough a-conscience. In your way,
the wit of man shall not prevent this or the like inconvenience;
but if this (for I have conferred with artists) be
a mathematical demonstration, I could kneel to you,
that ere it be too late we might return to some kind
of sobriety. If we empty our purses with these
pomps, salaries, coaches, lackeys, and pages, what
can the people say less than that we have dressed
a Senate and a prerogative for nothing but to go to
the park with the ladies?”
My Lord Archon, whose meekness resembled
that of Moses, vouchsafed this answer:
“My lords:
“For all this, I can see my
Lord Epimonus every night in the park, and with ladies;
nor do I blame this in a young man, or the respect
which is and ought to be given to a sex that is one-half
of the commonwealth of mankind, and without which
the other would be none: but our magistrates,
I doubt, may be somewhat of the oldest to perform this
part with much acceptation; and, as the Italian proverb
says, ’Servire e non gradire
e cosa da far morire.’
Wherefore we will lay no certain obligation upon them
in this point, but leave them, if it please you, to
their own fate or discretion. But this (for I
know my Lord Epimonus loves me, though I can never
get his esteem) I will say, if he had a mistress should
use him so, he would find it a sad life; or I appeal
to your lordships, how I can resent it from such a
friend, that he puts king piper’s politics in
the balance with mine. King piper, I deny not,
may teach his bears to dance, but they have the worst
ear of all creatures. Now how he should make
them keep time in fifty several tribes, and that two
years together, for else it will be to no purpose,
may be a small matter with my lord to promise; but
it seems to me of impossible performance. First,
through the nature of the bean; and, secondly, through
that of the ballot; or how what he has hitherto thought
so hard, is now come to be easy; but he may think
that for expedition they will eat up these balls like
apples.
“However, there is so much more
in their way by the constitution of this, than is
to be found in that of any other commonwealth, that
I am reconciled, it now appearing plainly that the
points of my lord’s arrows are directed at no
other white than to show the excellency of our government
above others; which, as he proceeds further, is yet
plainer; while he makes it appear that there can be
no other elected by the people but smiths:
“‘Brontesque Steropesque et nudus
membra Pyracmon:’
“Othoniel, Aod, Gideon, Jephtha,
Samson, as in Israel; Miltiades, Aristides, Themistocles,
Cimon, Pericles, as in Athens; Papyrius, Cincinnatus,
Camillus, Fabius Scipio, as in Rome: smiths of
the fortune of the commonwealth; not such as forged
hob-nails, but thunderbolts. Popular elections
are of that kind, that all of the rest of the world
is not able, either in number or glory, to equal those
of these three commonwealths. These indeed were
the ablest cudgel and football players; bright arms
were their cudgels, and the world was the ball that
lay at their feet. Wherefore we are not so to
understand the maxim of legislators, which holds all
men to be wicked, as if it related to mankind or a
commonwealth, the interests whereof are the only straight
lines they have whereby to reform the crooked; but
as it relates to every man or party, under what color
soever he or they pretend to be trusted apart, with
or by the whole. Hence then it is derived, which
is made good in all experience, that the aristocracy
is ravenous, and not the people. Your highwaymen
are not such as have trades, or have been brought
up to industry; but such commonly whose education has
pretended to that of gentlemen. My lord is so
honest, he does not know the maxims that are of absolute
necessity to the arts of wickedness; for it is most
certain, if there be not more purses than thieves,
that the thieves themselves must be forced to turn
honest, because they cannot thrive by their trade;
but now if the people should turn thieves, who sees
not that there would be more thieves than purses?
wherefore that a whole people should turn robbers
or levellers, is as impossible in the end as in the
means.
“But that I do not think your
artist which you mentioned, whether astronomer or
arithmetician, can tell me how many barley-corns would
reach to the sun, I could be content he were called
to the account, with which I shall conclude this point:
when by the way I have chid my lords the legislators,
who, as if they doubted my tackling could not hold,
would leave me to flag in a perpetual calm, but for
my Lord Epimonus, who breathes now and then into my
sails and stirs the waters. A ship makes not
her way so briskly as when she is handsomely brushed
by the waves, and tumbles over those that seem to
tumble against her; in which case I have perceived
in the dark that light has been struck even out of
the sea, as in this place, where my Lord Epimonus feigning
to give us a demonstration of one thing, has given
it of another, and of a better. For the people
of this nation, if they amount in each tribe to 2,000
elders and 2,000 youths upon the annual roll, holding
a fifth to the whole tribe, then the whole of a tribe,
not accounting women and children, must amount to
20,000; and so the whole of all the tribes, being
fifty, to 1,000,000.
“Now you have 10,000 parishes,
and reckoning these one with another, each at L1,000
a year dry-rent, the rent or revenue of the nation,
as it is or might be let to farm, amounts to L10,000,000;
and L10,000,000 in revenue divided equally to 1,000,000
of men, comes but to L10 a year to each wherewith
to maintain himself, his wife and children. But
he that has a cow upon the common, and earns his shilling
by the day at his labor, has twice as much already
as this would come to for his share; because if the
land were thus divided, there would be nobody to set
him on work. So my Lord Epimonus’s footman,
who costs him thrice as much as one of these could
thus get, would certainly lose by his bargain.
What should we speak of those innumerable trades whereupon
men live, not only better than others upon good shares
of lands, but become also purchasers of greater estates?
Is not this the demonstration which my lord meant,
that the revenue of industry in a nation, at least
in this, is three or four-fold greater than that of
the mere rent? If the people then obstruct industry,
they obstruct their own livelihood; but if they make
a war, they obstruct industry. Take the bread
out of the people’s mouths, as did the Roman
patricians, and you are sure enough of a war, in which
case they may be levellers; but our agrarian causes
their industry to flow with milk and honey. It
will be owned that this is true, if the people were
given to understand their own happiness; but where
is it they do that? Let me reply with the like
question, where do they not? They do not know
their happiness it should seem in France, Spain, and
Italy; but teach them what it is, and try whose sense
is the truer.
“As to the late wars in Germany,
it has been affirmed to me there, that the princes
could never make the people to take arms while they
had bread, and have therefore suffered countries now
and then to be wasted that they might get soldiers.
This you will find to be the certain pulse and temper
of the people; and if they have been already proved
to be the most wise and constant order of a government,
why should we think (when no man can produce one example
of the common soldiery in an army mutinying because
they had not captains’ pay) that the prerogative
should jolt the heads of the Senate together because
these have the better salaries, when it must be as
evident to the people in a nation, as to the soldiery
in an army, that it is no more possible their emoluments
of this kind should be afforded by any commonwealth
in the world to be made equal with those of the Senate,
than that the common soldiers should be equal with
the captains? It is enough for the common soldier
that his virtue may bring him to be a captain, and
more to the prerogative, that each of them is nearer
to be a senator.
“If my lord thinks our salaries
too great, and that the commonwealth is not housewife
enough, whether is it better housewifery that she should
keep her family from the snow, or suffer them to burn
her house that they may warm themselves? for one of
these must be. Do you think that she came off
at a cheaper rate when men had their rewards by L1,000
or L2,000 a year in land if inheritance? if you say
that they will be more godly than they have been,
it may be ill taken; and if you cannot promise that,
it is time we find out some way of stinting at least,
if not curing them of that same sacra fames.
On the other side, if a poor man (as such a one may
save a city) gives his sweat to the public, with what
conscience can you suffer his family in the meantime
to starve? but he that lays his hand to this plough
shall not lose by taking it off from his own, and
a commonwealth that will mend this shall be penny-wise.
The Sanhedrim of Israel, being the supreme, and a constant
court of judicature, could not choose but be exceeding
gainful. The Senate of the Bean in Athens, because
it was but annual, was moderately salaried; but that
of the Areopagites, being for life, bountifully; and
what advantages the senators of Lacedaemon had, where
there was little money or use of it, were in honors
for life. The patricians having no profit, took
all. Venice being a situation where a man goes
but to the door for his employment, the honor is great
and the reward very little; but in Holland a councillor
of state has L1,500 Flemish a year, besides other
accommodations. The States-General have more.
And that commonwealth looks nearer her penny than
ours needs to do.
“For the revenue of this nation,
besides that of her industry, it amounts,
as has been shown, to L10,000,000; and the salaries
in the whole come not to L300,000 a year. The
beauty they will add to the commonwealth will be exceeding
great, and the people will delight in this beauty
of their commonwealth; the encouragement they will
give to the study of the public being very progitable,
the accommodation they will afford to your magistrates
very honorable and easy. And the sum, when it
or twice as much was spent in bunting and housekeeping,
was never any grievance to the people. I am ashamed
to stand huckling upon this point; it is sordid.
Your magistrates are rather to be provided with further
accommodations. For what if there should be sickness?
whither will you have them to remove? And this
city in the soundest times, for the heat of the year,
is no wholesome abode: have a care of their healths
to whom you commit your own. I would have the
Senate and the people, except they see cause to the
contrary, every first of June to remove into the country
air for the space of three months. You are better
fitted with summer-houses for them than if you had
built them to that purpose.
“There is some twelve miles
distant the convallium upon the river Halcionia, for
the tribunes and the prerogative, a palace capable
of 1,000 men; and twenty miles distant you have Mount
Celia, reverend as well for the antiquity as state
of a castle completely capable of the Senate, the
proposers having lodgings in the convallium, and the
tribunes in Celia, it holds the correspondency between
the Senate and the people exactly And it is a small
matter for the proposers, being attended with the
coaches and officers of state, besides other conveniences
of their own, to go a matter of five or ten miles (those
seats are not much farther distant) to meet the people
upon any heath or field that shall be appointed:
where, having despatched their business, they may
hunt their own venison (for I would have the great
walled park upon the Halcionia to belong to the signory,
and those about the convallium to the tribunes) and
so go to supper. Pray, my lords, see that they
do not pull down these houses to sell the lead of them;
for when you have considered on it, they
cannot be spared. The founders of the school
in Hiera provided that the boys should have a summer
seat. You should have as much care of these magistrates.
But there is such a selling, such a Jewish humor in
our republicans, that I cannot tell what to say to
it; only this, any man that knows what belongs to a
commonwealth, or how diligent every nation in that
case has been to preserve her ornaments, and shall
see the waste lately made (the woods adjoining to
this city, which served for the delight and health
of it, being cut down to be sold for threepence),
will you tell that they who did such things would
never have made a commonwealth. The like may be
said of the ruin or damage done upon our cathedrals,
ornaments in which this nation excels all others.
Nor shall this ever be excused upon the score of religion;
for though it be true that God dwells not in houses
made with hands, yet you cannot hold your assemblies
but in such houses, and these are of the best that
have been made with hands. Nor is it well argued
that they are pompous, and therefore profane, or less
proper for divine service, seeing the Christians in
the primitive Church chose to meet with one accord
in the Temple, so far were they from any inclination
to pull it down.”
The orders of this commonwealth, so
far, or near so far as they concern the elders, together
with the several speeches at the institution, which
may serve for the better understanding of them as so
many commentaries, being shown, I should now come
from the elders to the youth, or from the civil constitution
of this government to the military, but that I judge
this the fittest place whereinto, by the way, to insert
the government of the city though for the present
but perfunctorily.
“’The metropolis or capital
city of Oceana is commonly called Emporium, though
it consists of two cities distinct, as well in name
as in government, whereof the other is called Hiera,
for which cause I shall treat of each apart, beginning
with Emporium.
“Emporium, with the liberties,
is under a twofold division, the one regarding the
national, and the other the urban or city government.
It is divided, in regard of the national government,
into three tribes, and in respect of the urban into
twenty six, which for distinction’s sake are
called wards, being contained under three tribes but
unequally; wherefore the first tribe containing ten
wards is called scazon, the second containing
eight metoche, and the third containing as many telicouta,
the bearing of which names in mind concerns the better
understanding of the government.
“Every ward has her wardmote,
court, or inquest, consisting of all that are of the
clothing or liveries of companies residing within the
same.
“Such are of the livery or clothing
as have attained to the dignity to wear gowns and
parti-colored hoods or tippets, according to the rules
and ancient customs of their respective companies.
“A company is a brotherhood
of tradesmen professing the same art, governed according
to their charter by a master and wardens. Of these
there be about sixty, whereof twelve are of greater
dignity than the rest, that is to say, the mercers,
grocers, drapers, fishmongers, goldsmiths, skinners,
merchant-tailors, haberdashers, salters, ironmongers,
vintners, clothworkers, which, with most of the rest,
have common halls, divers of them being of ancient
and magnificent structure, wherein they have frequent
meetings, at the summons of their master or wardens,
for the managing and regulation of their respective
trades and mysteries. These companies, as I shall
show, are the roots of the whole government of the
city. For the liveries that reside in the same
ward, meeting at the wardmote inquest (to which it
belongs to take cognizance of all sorts of nuisances
and violations of the customs and orders of the city,
and to present them to the court of aldermen), have
also power to make election of two sorts of magistrates
or officers; the first of elders or aldermen of the
ward, the second of deputies of the same, otherwise
called common councilmen.
“The wards in these elections,
because they do not elect all at once, but some one
year and some another, observe the distinction of the
three tribes; for example, the scazon, consisting
of ten wards, makes election the first year of ten
aldermen, one in each ward, and of 150 deputies, fifteen
in each ward, all which are triennial magistrates or
officers, that is to say, are to bear their dignity
for the space of three years.
“The second year the metoche,
consisting of eight wards, elects eight aldermen,
one in each ward, and 120 deputies, fifteen in each
ward, being also triennial magistrates.
“The third year telicouta, consisting
of a like number of wards, elects an equal number
of like magistrates for a like term. So that the
whole number of the aldermen, according to that of
the wards, amounts to twenty-six; and the whole number
of the deputies, to 390.
“The aldermen thus elected have
divers capacities; for, first, they are justices of
the peace for the term, and in consequence of their
election. Secondly, they are presidents of the
wardmote and governors each of that ward whereby he
was elected. And last of all, these magistrates
being assembled together, constitute the Senate of
the city, otherwise called the court of aldermen;
but no man is capable of this election that is not
worth L10,000. This court upon every new election
makes choice of nine censors out of their own number.
“The deputies in like manner
being assembled together, constitute the prerogative
tribe of the city, otherwise called the common council,
by which means the Senate and the people of the city
were comprehended, as it were, by the motion of the
national government, into the same wheel of annual,
triennial, and perpetual revolution.
“But the liveries, over and
above the right of these elections by their divisions
mentioned, being assembled all together at the guild
of the city, constitute another assembly called the
common hall.
“The common hall has the right
of two other elections; the one of the lord mayor,
and the other of the two sheriffs, being annual magistrates.
The lord mayor can be elected out of no other than
one of the twelve companies of the first ranks; and
the common hall agrees by the plurality of suffrages
upon two names, which, being presented to the lord
mayor for the time being, and the court of the aldermen,
they elect one by their scrutiny. For so they
call it, though it differs from that of the commonwealth.
The orator or assistant to the lord mayor in holding
of his courts, is some able lawyer elected by the court
of aldermen, and called the recorder of Emporium.
“The lord mayor being thus elected,
has two capacities: one regarding the nation,
and the other the city. In that which regards
the city, he is president of the court of aldermen,
having power to assemble the same, or any other council
of the city, as the common council or common hall,
at his will and pleasure; and in that which regards
the nation, he is commander-in-chief of the three
tribes whereinto the city is divided; one of which
he is to bring up in person at the national muster
to the ballot, as his vice-comités, or high
sheriffs, are to do by the other two, each at their
distinct pavilion, where the nine aldermen, elected
censors, are to officiate by three in each tribe, according
to the rules and orders already given to the censors
of the rustic tribes. And the tribes of the city
have no other than one common phylarch, which is the
court of aldermen and the common council, for which
cause they elect not at their muster the first list
called the prime magnitude.
“The conveniences of this alteration
of the city government, besides the bent of it to
a conformity with that of the nation, were many, whereof
I shall mention but a few: as first, whereas men
under the former administration, when the burden of
some of these magistracies lay for life, were oftentimes
chosen not for their fitness, but rather unfitness,
or at least unwillingness to undergo such a weight,
whereby they were put at great rates to fine for their
ease; a man might now take his share in magistracy
with that equity which is due to the public, and without
any inconvenience to his private affairs. Secondly,
whereas the city (inasmuch as the acts of the aristocracy,
or court of aldermen, in their former way of proceeding,
were rather impositions than propositions) was frequently
disquieted with the inevitable consequence of disorder
in the power of debate exercised by the popular part,
or common council; the right of debate being henceforth
established in the court of aldermen, and that of result
in the common council, killed the branches of division
in the root. Which for the present may suffice
to have been said of the city of Emporium.
“That of Hiera consists as to
the national government of two tribes, the first called
agoroea, the second propola; but as to the peculiar
policy of twelve manipuls, or wards divided into three
cohorts, each cohort containing four wards, whereof
the wards of the first cohort elect for the first
year four burgesses, one in each ward, the wards of
the second cohort for the second year four burgesses,
one in each ward, and the wards of the third cohort
for the third year four burgesses, one in each ward,
all triennial magistrates; by which the twelve burgesses,
making one court for the government of this city according
to their instructions by act of Parliament, fall likewise
into an annual, triennial, and perpetual revolution.
“This court being thus constituted,
makes election of divers magistrates; as first, of
a high steward, who is commonly some person of quality,
and this magistracy is elected in the Senate by the
scrutiny of this court; with him they choose some
able lawyer to be his deputy, and to hold the court;
and last of all they elect out of their own number
six censors.
“The high steward is commander-in-chief
of the two tribes, whereof he in person brings up
the one at the national muster to the ballot, and his
deputy the other at a distinct pavilion; the six censors
chosen by the court officiating by three in each tribe
at the urns; and these tribes have no other phylarch
but this court.
“As for the manner of elections
and suffrage, both in Emporium and Hiera, it may be
said, once for all, that they are performed by ballot,
and according to the respective rules already given.
“There be other cities and corporations
throughout the territory, whose policy being much
of this kind, would be tedious and not worth the labor
to insert, nor dare I stay. Juvenum manus emicat
ardens.”
I return, according to the method
of the commonwealth, to the remaining parts of her
orbs, which are military and provincial; the military,
except the strategus, and the polemarchs or field-officers,
consisting of the youth only, and the provincial consisting
of a mixture both of elders and of the youth.
To begin with the youth, or the military
orbs, they are circles to which the commonwealth must
have a care to keep close. A man is a spirit
raised by the magic of nature; if she does not stand
safe, and so that she may set him to some good and
useful work, he spits fire, and blows up castles;
for where there is life, there must be motion or work;
and the work of idleness is mischief, but the work
of industry is health. To set men to this, the
commonwealth must begin betimes with them, or it will
be too late; and the means whereby she sets them to
it is education, the plastic art of government.
But it is as frequent as sad in experience (whether
through negligence, or, which in the consequence is
all one or worse, over-fondness in the domestic performance
of this duty) that innumerable children come to owe
their utter perdition to their own parents, in each
of which the commonwealth loses a citizen.
Wherefore the laws of a government,
how wholesome soever in themselves, are such as, if
men by a congruity in their education be not bred to
find a relish in them, they will be sure to loathe
and detest. The education therefore of a man’s
own children is not wholly to be committed or trusted
to himself. You find in Livy the children of
Brutus, having been bred under monarchy, and used to
a court life, making faces at the Commonwealth of
Rome: “A king (say they) is a man with
whom you may prevail when you have need there should
be law, or when you have need there should be no law;
he has favors in the right, and he frowns not in the
wrong place; he knows his friends from his enemies.
But laws are deaf, inexorable things, such as make
no difference between a gentleman and an ordinary
fellow; a man can never be merry for them, for to
trust altogether to his own innocence is a sad life.”
Unhappy wantons! Scipio, on the other side, when
he was but a boy (about two or three and twenty),
being informed that certain patricians of Roman gentlemen,
through a qualm upon the defeat which Hannibal had
given them at Cannae, were laying their heads together
and contriving their flight with the transportation
of their goods out of Rome, drew his sword, and setting
himself at the door of the chamber where they were
at council, protested “that who did not immediately
swear not to desert the commonwealth, he would make
his soul to desert his body.” Let men argue
as they please for monarchy, or against a commonwealth,
the world shall never see any man so sottish or wicked
as in cool blood to prefer the education of the sons
of Brutus before that of Scipio; and of this mould,
except a Melius or a Manlius, was the whole youth of
that commonwealth, though not ordinarily so well cast.
Now the health of a government and
the education of the youth being of the same pulse,
no wonder if it has been the constant practice of
well-ordered commonwealths to commit the care and feeling
of it to public magistrates. A duty that was
performed in such a manner by the Areopagites, as
is elegantly praised by Isocrates, “the Athenians
(says he) write not their laws upon dead walls, nor
content themselves with having ordained punishments
for crimes, but provide in such a way, by the education
of their youth, that there be no crimes for punishment.”
He speaks of those laws which regarded manners, not
of those orders which concerned the administration
of the commonwealth, lest you should think he contradicts
Xenophon and Polybius. The children of Lacedaemon,
at the seventh year of their age, were delivered to
the poedonomi, or schoolmasters, not mercenary, but
magistrates of the commonwealth, to which they were
accountable for their charge; and by these at the age
of fourteen they were presented to other magistrates
called the beidioei, having the inspection of the
games and exercises, among which that of the platanista
was famous, a kind of fight in squadrons, but somewhat
too fierce. When they came to be of military age
they were listed of the mora, and so continued in
readiness for public service under the discipline
of the polemarchs. But the Roman education and
discipline by the centuries and classes is that to
which the Commonwealth of Oceana has had a more particular
regard in her three essays, being certain degrees
by which the youth commence as it were in arms for
magistracy, as appears by
The twenty-sixth order, instituting,
“That if a parent has but one son, the education
of that one son shall be wholly at the disposition
of that parent. But whereas there be free schools
erected and endowed, or to be erected and endowed
in every tribe of this nation, to a sufficient proportion
for the education of the children of the same (which
schools, to the end there be no detriment or hindrance
to the scholars upon case of removing from one to
another, are every of them to be governed by the strict
inspection of the censors of the tribes, both upon
the schoolmaster’s manner of life and teaching,
and the proficiency of the children, after the rules
and method of that in Hiera) if a parent has more
sons than one, the censors of the tribes shall animadvert
upon and punish him that sends not his sons within
the ninth year of their age to some one of the schools
of a tribe, there to be kept and taught, if he be
able, at his own charges; and if he be not able, gratis,
till they arrive at the age of fifteen years.
And a parent may expect of his sons at the fifteenth
year of their age, according to his choice or ability,
whether it be to service in the way of apprentices
to some trade or otherwise, or to further study, as
by sending them to the inns of court, of chancery,
or to one of the universities of this nation.
But he that takes not upon him one of the professions
proper to some of those places, shall not continue
longer in any of them than till he has attained to
the age of eighteen years; and every man having not
at the age of eighteen years taken upon him, or addicted
himself to the profession of the law, theology, or
physic, and being no servant, shall be capable of
the essays of the youth, and no other person whatsoever,
except a man, having taken upon him such a profession,
happens to lay it by ere he arrives at three or four
and twenty years of age, and be admitted to this capacity
by the respective. Phylarchs being satisfied
that he kept not out so long with any design to evade
the service of the commonwealth; but, that being no
sooner at his own disposal, it was no sooner in his
choice to come in. And if any youth or other person
of this nation have a desire to travel into foreign
countries upon occasion of business, delight, or further
improvement of his education, the same shall be lawful
for him upon a pass obtained from the censors in Parliament,
putting a convenient limit to the time, and recommending
him to the ambassadors by whom he shall be assisted,
and to whom he shall yield honor and obedience in
their respective residences. Every youth at his
return from his travel is to present the censors with
a paper of his own writing, containing the interest
of state or form of government of the countries, or
some one of the countries, where he has been; and
if it be good, the censors shall cause it to be printed
and published, prefixing a line in commendation of
the author.
“Every Wednesday next ensuing
the last of December, the whole youth of every parish,
that is to say, every man (not excepted by the foregoing
part of the order), being from eighteen years of age
to thirty, shall repair at the sound of the bell to
their respective church, and being there assembled
in presence of the overseers, who are to govern the
ballot, and the constable who is to officiate at the
urn, shall, after the manner of the elders, elect
every fifth man of their whole number (provided that
they choose not above one of two brothers at one election,
nor above half if they be four or upward) to be a stratiot
or deputy of the youth; and the list of the stratiots
so elected being taken by the overseers, shall be
entered in the parish book, and diligently preserved
as a record, called the first essay. They whose
estates by the law are able, or whose friends are willing,
to mount them, shall be of the horse, the rest are
of the foot. And he who has been one year of
this list, is not capable of being re-elected till
after another year’s interval.
“Every Wednesday next ensuing
the last of January, the stratiots being mustered
at the rendezvous of their respective hundreds, shall,
in the presence of the jurymen, who are overseers
of that ballot, and of the high constable who is to
officiate at the urn, elect out of the horse of their
troop or company one captain, and one ensign or cornet,
to the command of the same. And the jurymen having
entered the list of the hundred into a record to be
diligently kept at the rendezvous of the same, the
first public game of this commonwealth shall begin
and be performed in this manner. Whereas there
is to be at every rendezvous of a hundred, one cannon,
culverin, or saker, the prize arms being forged by
sworn armorers of this commonwealth, and for their
proof, besides their beauty, viewed and tried at the
tower of Emporium, shall be exposed by the justice
of peace appertaining to that hundred (the said justice
with the jurymen being judges of the game), and the
judges shall deliver to the horseman that gains the
prize at the career, one suit of arms being of the
value L20, to the pikeman that gains the prize at
throwing the bullet, one suit of arms of the value
of L10, to the musketeer that gains the prize at the
mark with his musket, one suit of arms of the value
of L10, and to the cannoneer that gains the prize at
the mark with the cannon, culverin, or saker, a chain
of silver being the value of L10, provided that no
one man at the same muster plays above one of the
prizes. Whosoever gains a prize is bound to wear
it (if it be his lot) upon service; and no man shall
sell or give away any armor thus won, except he has
lawfully attained to two or more of them at the games.
“The games being ended, and
the muster dismissed, the captain of the troop or
company shall repair with a copy of the list to the
lord lieutenant of the tribe, and the high constable
with a duplicate of the same to the custos rotulorum,
or muster-master general, to be also communicated
to the censors; in each of which the jurymen, giving
a note upon every name of an only son, shall certify
the list is without subterfuge or evasion; or, if
it be not, an account of those upon whom the evasion
or subterfuge lies, to the end that the phylarch or
the censors may animadvert accordingly.
“And every Wednesday next ensuing
the last of February, the lord lieutenant, custos
rotulorum, the censors, and the conductor, shall receive
the whole muster of the youth of that tribe at the
rendezvous of the same, distributing the horse and
foot with their officers, according to the directions
given in the like case for the distribution of the
elders; and the whole squadron being put by that means
in battalia, the second game of this commonwealth
shall begin by the exercise of the youth in all the
parts of their military discipline according to the
orders of Parliament, or direction of the Council of
War in that case. And the L100 allowed by the
Parliament for the ornament of the muster in every
tribe, shall be expended by the phylarch upon such
artificial castles, citadels, or the like devices,
as may make the best and most profitable sport for
the youth and their spectators.
“Which being ended, the censors
having prepared the urns by putting into the horse-urn
220 gold balls, whereof ten are to be marked with
the letter M and other ten with the letter P; into
the foot-urn 700 gold balls, whereof fifty are to
be marked, with the letter M and fifty with the letter
P; and after they have made the gold balls in each
urn, by the addition of silver balls to the same,
in number equal with the horse and foot of the stratiots,
the lord lieutenant shall call the stratiots to the
urns, where they that draw the silver balls shall return
to their places, and they that draw the gold balls
shall fall off to the pavilion, where, for the space
of one hour, they may chop and change their balls
according as one can agree with another, whose lot
he likes better.
“But the hour being out, the
conductor separating them whose gold balls have no
letter from those whose balls are marked, shall cause
the crier to call the alphabet, as first A; whereupon
all they whose gold balls are not marked, and whose
surnames begin with the letter A, shall repair to
a clerk appertaining to the custos rotulorum, who shall
first take the names of that letter; then those of
B, and so on, till all the names be alphabetically
enrolled. And the youth of this list being 600
foot in a tribe, that is, 30,000 foot in all the tribes;
and 200 horse in a tribe, that is, 10,000 horse in
all the tribes, are the second essay of the stratiots,
and the standing army of this commonwealth to be always
ready upon command to march. They whose balls
are marked with M, amounting, by twenty horse and
fifty foot in a tribe, to 2,500 foot and 500 horse
in all the tribes, and they whose balls are marked
with P, in every point correspondent, are parts of
the third essay; they in M being straight to march
for Marpesia, and they of P for Panopea, to the ends
and according to the further directions following in
the order for the provincial orbs.
“If the polemarchs or field
officers be elected by the scrutiny of the Council
of War, and the strategus commanded by the Parliament
or the Dictator to march, the lord lieutenants (who
have power to muster and discipline the youth so often
as they receive orders for the same from the Council
of War) are to deliver the second essay, or so many
of them as shall be commanded, to the conductors,
who shall present them to the lord strategus at the
time and place appointed by his Excellency to be the
general rendezvous of Oceana, where the Council of
War shall have the accommodation of horses and arms
for his men in readiness; and the lord strategus having
armed, mounted, and distributed them, whether according
to the recommendation of their prize arms, or otherwise,
shall lead them away to his shipping, being also ready
and provided with victuals, ammunition, artillery,
and all other necessaries; commanding them, and disposing
of the whole conduct of the war by his sole power
and authority. And this is the third essay of
the stratiots, which being shipped, or marched out
of their tribes, the lord lieutenants shall re-elect
the second essay out of the remaining part of the first,
and the Senate another strategus.
“If any veteran or veterans
of this nation, the term of whose youth or militia
is expired, having a desire to be entertained in the
further service of the commonwealth, shall present
him or themselves at the rendezvous of Oceana to the
strategus, it is in his power to take on such and
so many of them as shall be agreed by the polemarchs,
and to send back an equal number of the stratiots.
“And for the better managing
of the proper forces of this nation, the lord strategus,
by appointment of the Council of War, and out of such
levies as they shall have made in either or both of
the provinces to that end, shall receive auxiliaries
by sea or elsewhere at some certain place, not exceeding
his proper arms in number.
“And whosoever shall refuse
any one of his three essays, except upon cause shown,
he be dispensed withal by the phylarch, or, if the
phylarch be not assembled, by the censors of his tribe,
shall be deemed a helot or public servant, shall pay
a fifth part of his yearly revenue, besides all other
taxes, to the commonwealth for his protection, and
be incapable of bearing any magistracy except such
as is proper to the law. Nevertheless if a man
has but two sons, the lord lieutenant shall not suffer
above one of them to come to the Urn at one election
of the second essay, and though he has above two sons,
there shall not come above half the brothers at one
election; and if a man has but one son, he shall not
come to the urn at all without the consent of his parents,
or his guardians, nor shall it be any reproach to him
or impediment to his bearing of magistracy.”
This order, with relation to foreign
expeditions, will be proved and explained together
with
The twenty-seventh order, “Providing,
in case of invasion apprehended, that the lords high
sheriffs of the tribes, upon commands received from
the Parliament or the Dictator, distribute the bands
of the elders into divisions, after the nature of
the essays of the youth; and that the second division
or essay of the elders, being made and consisting of
30,000 foot and 10,000 horse, be ready to march with
the second essay of the youth, and be brought also
by the conductors to the strategus.
“The second essay of the elders
and youth being marched out of their tribes, the lords
high sheriffs and lieutenants shall have the remaining
part of the annual bands both of elders and youth in
readiness, which, if the beacons be fired, shall march
to the rendezvous to be in that case appointed by
the Parliament or the Dictator: And the beacons
being fired, the curiata comitia, or parochial
congregations, shall elect a fourth both of elders
and youth to be immediately upon the guard of the
tribes, and dividing themselves as aforesaid, to march
also in their divisions according to orders, which
method in case of extremity shall proceed to the election
of a third, or the levy of a second, or of the last
man in the nation, by the power of the lords high sheriffs,
to the end that the commonwealth in her utmost pressure
may show her trust that God in his justice will remember
mercy, by humbling herself, and yet preserving her
courage, discipline, and constancy, even to the last
drop of her blood and the utmost farthing.
“The services performed by the
youth, or by the elders, in case of invasion, and
according to this order, shall be at their proper cost
and charges that are any ways able to endure it; but
if there be such as are known in their parishes to
be so indigent that they cannot march out of their
tribes, nor undergo the burden in this case incumbent,
then the congregations of their parishes shall furnish
them with sufficient sums of money to be repaid upon
the certificate of the same by the Parliament when
the action shall be over. And of that which is
respectively enjoined by this order, any tribe, parish,
magistrate, or person that shall fail, is to answer
for it, at the Council of War, as a deserter of his
country.”
The Archon, being the greatest captain
of his own, if not of any age, added much to the glory
of this commonwealth, by interweaving the militia
with more art and lustre than any legislator from or
before the time of Servius Tullius, who
constituted the Roman militia. But as the bones
or skeleton of a man, though the greatest part of his
beauty be contained in their proportion or symmetry,
yet shown without flesh are a spectacle that is rather
horrid than entertaining, so without discourses are
the orders of a commonwealth; which, if she goes forth
in that manner, may complain of her friends that they
stand mute and staring upon her. Wherefore this
order was thus fleshed by the Lord Archon:
“My lords:
“Diogenes seeing a young fellow
drunk, told him that his father was drunk when he
begot him. For this, in natural generation, I
must confess I see no reason; but in the political
it is right. The vices of the people are from
their governors; those of their governors from their
laws or orders; and those of their laws or orders from
their legislators. Whatever was in the womb imperfect,
as to her proper work, comes very rarely or never
at all to perfection afterward; and the formation
of a citizen in the womb of the commonwealth is his
education.
“Education by the first of the
foregoing orders is of six kinds: at the school,
in the mechanics, at the universities, at the inns
of court or chancery, in travels, and in military
discipline, some of which I shall but touch, and some
I shall handle more at large.
“That which is proposed for
the erecting and endowing of schools throughout the
tribes, capable of all the children of the same, and
able to give to the poor the education of theirs gratis,
is only matter of direction in case of very great
charity, as easing the needy of the charge of their
children from the ninth to the fifteenth year of their
age, during which time their work cannot be profitable;
and restoring them when they may be of use, furnished
with tools whereof there are advantages to be made
in every work, seeing he that can read and use his
pen has some convenience by it in the meanest vocation.
And it cannot be conceived but that which comes, though
in small parcels, to the advantage of every man in
his vocation, must amount to the advantage of every
vocation, and so to that of the whole commonwealth.
Wherefore this is commended to the charity of every
wise-hearted and well-minded man, to be done in time,
and as God shall stir him up or enable him; there
being such provision already in the case as may give
us leave to proceed without obstruction.
“Parents, under animadversion
of the censors, are to dispose of their children at
the fifteenth year of their age to something; but what,
is left, according to their abilities or inclination,
at their own choice. This, with the multitude,
must be to the mechanics, that is to say to agriculture
or husbandry, to manufactures, or to merchandise.
“Agriculture is the bread of
the nation; we are hung upon it by the teeth; it is
a mighty nursery of strength, the best army, and the
most assured knapsack; it is managed with the least
turbulent or ambitious, and the most innocent hands
of all other arts. Wherefore I am of Aristotle’s
opinion, that a commonwealth of husbandmen and
such is ours must be the best of all others.
Certainly my lords, you have no measure of what ought
to be, but what can be, done for the encouragement
of this profession. I could wish I were husband
good enough to direct something to this end; but racking
of rents is a vile thing in the richer sort, an uncharitable
one to the poorer, a perfect mark of slavery, and
nips your commonwealth in the fairest blossom.
On the other side, if there should be too much ease
given in this kind, it would occasion sloth, and so
destroy industry, the principal nerve of a commonwealth.
But if aught might be done to hold the balance even
between these two, it would be a work in this nation
equal to that for which Fabius was surnamed Maximus
by the Romans.
“In manufactures and merchandise
the Hollander has gotten the start of us; but at the
long run it will be found that a people working upon
a foreign commodity does but farm the manufacture,
and that it is really entailed upon them only where
the growth of it is native; as also that it is one
thing to have the carriage of other men’s goods,
and another for a man to bring his own to the best
market. Wherefore (nature having provided encouragement
for these arts in this nation above all others, where,
the people growing, they of necessity must also increase)
it cannot but establish them upon a far more sure
and effectual foundation than that of the Hollanders.
But these educations are in order to the first things
or necessities of nature; as husbandry to the food,
manufacture to the clothing, and merchandise to the
purse of the commonwealth.
“There be other things in nature,
which being second as to their order, for their dignity
and value are first; and such to which the other are
but accommodations; of this sort are especially these:
religion, justice, courage, and wisdom.
“The education that answers
to religion in our government is that of the universities.
Moses, the divine legislator, was not only skilful
in all the learning of the Egyptians, but took also
into the fabric of his commonwealth the learning of
the Midianites in the advice of Jethro; and his foundation
of a university laid in the tabernacle, and finished
in the Temple, became that pinnacle from whence (according
to many Jewish and Christian authors) all the learning
in the world has taken wing; as the philosophy of
the Stoics from the Pharisees; that of the Epicureans
from the Sadducees; and from the learning of the Jews,
so often quoted by our Saviour, and fulfilled in him,
the Christian religion. Athens was the most famous
university in her days; and her senators, that is to
say, the Areopagites, were all philosophers. Lacedaemon,
to speak truth, though she could write and read, was
not very bookish. But he that disputes hence
against universities, disputes by the same argument
against agriculture, manufacture, and merchandise;
every one of these having been equally forbid by Lycurgus,
not for itself (for if he had not been learned in
all the learning of Crete, and well travelled in the
knowledge of other governments, he had never made his
commonwealth), but for the diversion which they must
have given his citizens from their arms, who, being
but few, if they had minded anything else, must have
deserted the commonwealth. For Rome, she had ingenium
par ingenio, was as learned as great, and
held our College of Augurs in much reverence.
Venice has taken her religion upon trust. Holland
cannot attend it to be very studious. Nor does
Switzerland mind it much; yet are they all addicted
to their universities. We cut down trees to build
houses; but I would have somebody show me, by what
reason or experience the cutting down of a university
should tend to the setting up of a commonwealth.
Of this I am sure, that the perfection of a commonwealth
is not to be attained without the knowledge of ancient
prudence, nor the knowledge of ancient prudence without
learning, nor learning without schools of good literature,
and these are such as we call universities.
“Now though mere university
learning of itself be that which (to speak the words
of Verulamius) ’crafty men contemn, and simple
men only admire, yet is it such as wise men have use
of; for studies do not teach their own use, but that
is a wisdom without and above them, won by observation.
Expert men may execute, and perhaps judge, of particulars
one by one; but the general councils and the plots,
and the marshalling of affairs, come best from those
that are learned.’ Wherefore if you would
have your children to be statesmen, let them drink
by all means of these fountains, where perhaps there
were never any. But what though the water a man
drinks be not nourishment, it is the vehicle without
which he cannot be nourished.
“Nor is religion less concerned
in this point than government: for take away
your universities, and in a few years you lose it.
“The holy Scriptures are written in Hebrew and
Greek; they that have neither of these languages may
think light of both; but find me a man that has one
in perfection, the study of whose whole life it has
not been. Again, this is apparent to us in daily
conversation, that if four or five persons that have
lived together be talking, another speaking the same
language may come in, and yet understand very little
of their discourse, in that it relates to circumstances,
persons, things, times and places which he knows not.
It is no otherwise with a man, having no insight of
the times in which they were written, and the circumstances
to which they relate, in the reading of ancient books,
whether they be divine or human. For example,
when we fall upon the discourse about baptism and
regeneration that was between our Saviour and Nicodemus,
where Christ reproaches him with his ignorance in
this matter. ’Art thou a doctor in Israel,
and understandest not these things?’ What shall
we think of it? or wherefore should a doctor in Israel
have understood these things more than another, but
that both baptism and regeneration, as was showed at
large by my Lord Phosphorus, were doctrines held in
Israel? I instance in one place of a hundred,
which he, that has not mastered the circumstances
to which they relate, cannot understand. Wherefore
to the understanding of the Scripture, it is necessary
to have ancient languages, and the knowledge of ancient
times, or the aid of them who have such knowledge;
and to have such as may be always able and ready to
give such aid (unless you would borrow it of another
nation, which would not only be base, but deceitful)
it is necessary to a commonwealth that she have schools
of good literature, or universities of her own.
“We are commanded, as has been
said more than once, to search the Scriptures; and
which of them search the Scriptures, they that take
this pains in ancient languages and learning, or they
that will not, but trust to translations only, and
to words as they sound to present circumstances? than
which nothing is more fallible, or certain to lose
the true sense of Scriptures, pretended to be above
human understanding, for no other cause than that
they are below it. But in searching the Scriptures
by the proper use of our universities, we have been
heretofore blest with greater victories and trophies
against the purple hosts and golden standards of the
Romish hierarchy than any nation; and therefore why
we should relinquish this upon the presumption of some,
that because there is a greater light which they have,
I do not know. There is a greater light than
the sun, but it does not extinguish the sun, nor does
any light of God’s giving extinguish that of
nature, but increase and sanctify it. Wherefore,
neither the honor bore by the Israelitish, Roman,
or any other commonwealth that I have shown, to their
ecclesiastics, consisted in being governed by them,
but in consulting them in matters of religion, upon
whose responses or oracles they did afterward as they
thought fit.
“Nor would I be here mistaken,
as if, by affirming the universities to be, in order
both to religion and government, of absolute necessity,
I declared them or the ministry in any wise fit to
be trusted, so far as to exercise any power not derived
from the civil magistrate in the administration of
either, if the Jewish religion were directed and established
by Moses, it was directed and established by the civil
magistrate; or if Moses exercised this administration
as a prophet, the same prophet did invest with the
same administration the Sanhedrim, and not the priests;
and so does our commonwealth the Senate, and not the
clergy. They who had the supreme administration
or government of the national religion in Athens,
were the first Archon, the rex sacrificulus,
or high-priest, and a polemarch, which magistrates
were ordained or elected by the holding up of hands
in the church, congregation, or comitia of the people.
The religion of Lacedaemon was governed by the kings,
who were also high-priests, and officiated at the
sacrifice; these had power to substitute their pythii,
ambassadors, or nuncios, by which, not without
concurrence of the Senate, they held intelligence
with the oracle of Apollo at Delphos. And the
ecclesiastical part of the Commonwealth of Rome was
governed by the pontifex maximus, the rex sacrificulus,
and the Flamens, all ordained or elected by the people,
the pontifex by the tribes, the King by the centuries,
and the Flamens by the parishes.
“I do not mind you of these
things, as if, for the matter, there were any parallel
to be drawn out of their superstitions to our religion,
but to show that for the manner, ancient prudence is
as well a rule in divine as human things; nay, and
such a one as the apostles themselves, ordaining elders
by the holding up of hands in every congregation, have
exactly followed; for some of the congregations where
they thus ordained elders were those of Antioch, Iconium,
Lystra, Derbe, the countries of Lycaona, Pisidia,
Pamphilia, Perga, with Attalia. Now that these
cities and countries, when the Romans propagated their
empire into Asia, were found most of them commonwealths,
and that many of the rest were endued with like power,
so that the people living under the protection of the
Roman emperors continued to elect their own magistrates,
is so known a thing, that I wonder whence it is that
men, quite contrary to the universal proof of these
examples, will have ecclesiastical government to be
necessarily distinct from civil power, when the right
of the elders ordained by the holding up of hands
in every congregation to teach the people, was plainly
derived from the same civil power by which they ordained
the rest of their magistrates. And it is not otherwise
in our commonwealth, where the parochial congregation
elects or ordains its pastor. To object the Commonwealth
of Venice in this place, were to show us that it has
been no otherwise but where the civil power has lost
the liberty of her conscience by embracing popery;
as also that to take away the liberty of conscience
in this administration from the civil power, were
a proceeding which has no other precedent than such
as is popish.
“Wherefore your religion is
settled after the following manner: the universities
are the seminaries of that part which is national,
by which means others with all safety may be permitted
to follow the liberty of their own consciences, in
regard that, however they behave themselves, the ignorance
of the unlearned in this case cannot lose your religion
nor disturb your government, which otherwise it would
most certainly do; and the universities with their
emoluments, as also the bénéfices of the whole
nation, are to be improved by such augmentations as
may make a very decent and comfortable subsistence
for the ministry, which is neither to be allowed synods
nor assemblies, except upon the occasion shown in
the universities, when they are consulted by the Council
of State, and suffered to meddle with affairs of religion,
nor to be capable of any other public preferment whatsoever;
by which means the interest of the learned can never
come to corrupt your religion, nor disturb your government,
which otherwise it would most certainly do. Venice,
though she does not see, or cannot help the corruption
of her religion, is yet so circumspect to avoid disturbance
of her government in this kind, that her Council proceeds
not to election of magistrates till it be proclaimed
fora papalini, by which words such as have consanguinity
with red hats, or relation to the Court of Rome, are
warned to withdraw.
“If a minister in Holland meddles
with matter of state, the magistrate sends him a pair
of shoes; whereupon, if he does not go, he is driven
away from his charge. I wonder why ministers,
of all men, should be perpetually tampering with government;
first because they, as well as others, have it in
express charge to submit themselves to the ordinances
of men; and secondly because these ordinances of men
must go upon such political principles as they of
all others, by anything that can be found in their
writings or actions, least understand: whence
you have the suffrage of all nations to this sense,
that an ounce of wisdom is worth a pound of clergy.
Your greatest clerks are not your wisest men:
and when some foul absurdity in state is committed,
it is common with the French, and even the Italians,
to call it ‘pas de clerc,’
or ‘governo de prête.’
They may bear with men that will be preaching without
study, while they will be governing without prudence.
My lords, if you know not how to rule your clergy,
you will most certainly, like a man that cannot rule
his wife, have neither quiet at home nor honor abroad.
Their honest vocation is to teach your children at
the schools and the universities, and the people in
the parishes, and yours is concerned to see that they
do not play the shrews, of which parts does consist
the education of your commonwealth, so far as it regards
religion.
“To justice, or that part of
it which is commonly executive, answers the education
of the inns of court and chancery. Upon which
to philosophize, requires a public kind of learning
that I have not. But they who take upon them
any profession proper to the educations mentioned that
is, theology, physic, or law are not at
leisure for the essays. Wherefore the essays,
being degrees whereby the youth commence for all magistracies,
offices, and honors in the parish, hundred, tribe,
Senate, or prerogative; divines, physicians, and lawyers
not taking these degrees, exclude themselves from
all such magistracies, offices, and honors. And
whereas lawyers are likest to exact further reason
for this, they (growing up from the most gainful art
at the bar to those magistracies upon the bench which
are continually appropriated to themselves, and not
only endowed with the greatest revenues, but also
held for life) have the least reason of all the rest
to pretend to any other, especially in an equal commonwealth,
where accumulation of magistracy or to take a person
engaged by his profit to the laws, as they stand,
into the power, which is legislative, and which should
keep them to what they were, or ought to he, were
a solecism in prudence. It is true that the legislative
power may have need of advice and assistance from
the executive magistracy, or such as are learned in
the law; for which cause the judges are, as they have
heretofore been, assistants in the Senate. Nor,
however it came about, can I see any reason why a
judge, being but an assistant or lawyer, should be
member of a legislative council.
“I deny not that the Roman patricians
were all patrons, and that the whole people were clients,
some to one family and some to another, by which means
they had their causes pleaded and defended in some
appearance gratis; for the patron took no money, though
if he had a daughter to marry, his clients were to
pay her portion, nor was this so great a grievance.
But if the client accused his patron, gave testimony
or suffrage against him, it was a crime of such a nature
that any man might lawfully kill him as a traitor;
and this, as being the nerve of the optimacy, was
a great cause of ruin to that commonwealth; for when
the people would carry anything that pleased not the
Senate, the senators were ill provided if they could
not intercede-that is, oppose it by their clients;
with whom, to vote otherwise than they pleased, was
the highest crime. The observation of this bond
till the time of the Gracchi that is to
say, till it was too late, or to no purpose to break
it was the cause why, in all the former
heats and disputes that had happened between the Senate
and the people, it never came to blows, which indeed
was good; but withal, the people could have no remedy,
which was certainly evil. Wherefore I am of opinion
that a senator ought not to be a patron or advocate,
nor a patron or advocate to be a senator; for if his
practice be gratis it debauches the people, and if
it be mercenary it debauches himself: take it
which way you will, when he should be making of laws,
he will be knitting of nets.
“Lycurgus, as I said, by being
a traveller became a legislator, but in times when
prudence was another thing. Nevertheless we may
not shut out this part of education in a commonwealth,
which will be herself a traveller; for those of this
make have seen the world, especially because this
is certain (though it be not regarded in our times,
when things being left to take their chance, it fares
with us accordingly) that no man can be a politician
except he be first a historian or a traveller; for
except he can see what must be, or what may be, he
is no politician. Now if he has no knowledge
in history he cannot tell what has been, and if he
has not been a traveller, he cannot tell what is;
but he that neither knows what has been, nor what is,
can never tell what must be, or what may be.
Furthermore, the embassies-in-ordinary by our constitution
are the prizes of young men, more especially such as
have been travellers. Wherefore they of these
inclinations, having leave of the censors, owe them
an account of their time, and cannot choose but lay
it out with some ambition of praise or reward, where
both are open, whence you will have eyes abroad, and
better choice of public ministers, your gallants showing
themselves not more to the ladies at their balls than
to your commonwealth at her Academy when they return
from their travels.
“But this commonwealth being
constituted more especially of two elements, arms
and councils, drives by a natural instinct at courage
and wisdom; which he who has attained is arrived at
the perfection of human nature. It is true that
these virtues must have some natural root in him that
is capable of them; but this amounts not to so great
a matter as some will have it. For if poverty
makes an industrious, a moderate estate a temperate,
and a lavish fortune a wanton man, and this be the
common course of things, wisdom then is rather of necessity
than inclination. And that an army which was
meditating upon flight, has been brought by despair
to win the field, is so far from being strange, that
like causes will evermore produce like effects.
Wherefore this commonwealth drives her citizens like
wedges; there is no way with them but thorough, nor
end but that glory whereof man is capable by art or
nature. That the genius of the Roman families
commonly preserved itself throughout the line (as
to instance in some, the Manlii were still severe,
the Publicolae lovers, and the Appii haters of the
people) is attributed by Machiavel to their education;
nor, if interest might add to the reason why the genius
of a patrician was one thing, and that of a plebeian
another, is the like so apparent between different
nations, who, according to their different educations,
have yet as different manners. It was anciently
noted, and long confirmed by the actions of the French,
that in their first assaults their courage was more
than that of men, and for the rest less than that of
women, which nevertheless, through the amendment of
their discipline, we see now to be otherwise.
I will not say but that some man or nation upon an
equal improvement of this kind may be lighter than
some other; but certainly education is the scale without
which no man or nation can truly know his or her own
weight or value. By our histories we can tell
when one Marpesian would have beaten ten Oceaners,
and when one Oceaner would have beaten ten Marpesians.
Marc Antony was a Roman, but how did that appear in
the embraces of Cleopatra? You must have some
other education for your youth, or they, like that
passage, will show better in romance than true story.
“The custom of the Commonwealth
of Rome in distributing her magistracies without respect
of age, happened to do well in Corvinus and Scipio;
for which cause Machiavel (with whom that
which was done by Rome, and that which is well done,
are for the most part all one) commends this course.
Yet how much it did worse at other times, is obvious
in Pompey and Cæsar, examples by which Boccalini
illustrates the prudence of Venice in her contrary
practice, affirming it to have been no small step to
the ruin of the Roman liberty, that these (having
tasted in their youth of the supreme honors) had no
greater in their age to hope for, but by perpetuating
of the same in themselves; which came to blood and
ended in tyranny. The opinion of Verulamius is
safe: ‘The errors,’ says he, ’of
young men are the ruin of business; whereas the errors
of old men amount but to this, that more might have
been done, or sooner.’ But though their
wisdom be little, their courage is great; wherefore
(to come to the main education of this commonwealth)
the militia of Oceana is the province of youth.
“The distribution of this province
by the essays is so fully described in the order,
that I need repeat nothing; the order itself being
but a repetition or copy of that original, which in
ancient prudence is of all others the fairest, as
that from whence the Commonwealth of Rome more particularly
derived the empire of the world. And there is
much more reason in this age, when governments are
universally broken, or swerved from their foundations,
and the people groan under tyranny, that the same
causes (which could not be withstood when the world
was full of popular governments) should have the like
effects.
“The causes in the Commonwealth
of Rome, whereof the empire of the world was not any
miraculous, but a natural (nay, I may safely say a
necessary) consequence, are contained in that part
of her discipline which was domestic, and in that
which she exercises in her provinces or conquest.
Of the latter I shall have better occasion to speak
when we come to our provincial orbs; the former divided
the whole people by tribes, amounting, as Livy and
Cicero show, at their full growth to thirty-five,
and every tribe by the sense or valuation of estates
into five classes: for the sixth being proletary,
that is the nursery, or such as through their poverty
contributed nothing to the commonwealth but children,
was not reckoned nor used in arms. And this is
the first point of the militia, in which modern prudence
is quite contrary to the ancient; for whereas we,
excusing the rich and arming the poor, become the
vassals of our servants, they, by excusing the poor
and arming such as were rich enough to be freemen,
became lords of the earth. The nobility and gentry
of this nation, who understand so little what it is
to be the lords of the earth that they have not been
able to keep their own lands, will think it a strange
education for their children to be common soldiers,
and obliged to all the duties of arms; nevertheless
it is not for four shillings a week, but to be capable
of being the best man in the field or in the city
the latter part of which consideration makes the common
soldier herein a better man than the general of any
monarchical army.
“And whereas it may be thought
that this would drink deep of noble blood, I dare
boldly say, take the Roman nobility in the heat of
their fiercest wars, and you shall not find such a
shambles of them as has been made of ours by mere
luxury and slothfulness; which, killing the body,
kill the soul also: Animasque in vulnere ponunt.
Whereas common right is that which he who stands in
the vindication of, has used that sword of justice
for which he receives the purple of magistracy.
The glory of a man on earth can go no higher, and
if he falls he rises again, and comes sooner to that
reward which is so much higher as heaven is above
the earth. To return to the Roman example:
every class was divided, as has been more than once
shown, into centuries, and every century was equally
divided into youth and elders; the youth for foreign
service, and the elders for the guard of the territory.
In the first class were about eighteen centuries of
horse, being those which, by the institution of Servius,
were first called to the suffrage in the centurial
assemblies. But the delectus, or levy of
an army, which is the present business, proceeded,
according to Polybius, in this manner:
“Upon a war decreed, the Consuls
elected four-and-twenty military tribunes or colonels,
whereof ten, being such as had merited their tenth
stipend, were younger officers. The tribunes being
chosen, the Consuls appointed a day to the tribes,
when those in them of military age were to appear
at the capitol. The day being come, and the youth
assembled accordingly, the Consuls ascended their
tribunal, and the younger tribunes were straight divided
into four parts after this manner: four were
assigned to the first legion (a legion at the most
consisted of 6,000 foot and 300 horse), three to the
second, four to the third, and three to the fourth.
The younger tribunes being thus distributed, two of
the elder were assigned to the first legion, three
to the second, two to the third, and three to the
fourth; and the officers of each legion thus assigned,
having drawn the tribes by lot, and being seated according
to their divisions at a convenient distance from each
other, the tribe of the first lot was called, whereupon
they that were of it knowing the business, and being
prepared, presently bolted out four of their number,
in the choice whereof such care was taken that they
offered none that was not a citizen, no citizen that
was not of the youth, no youth that was not of some
one of the five classes, nor any one of the five classes
that was not expert at his exercises. Moreover,
they used such diligence in matching them for age
and stature, that the officers of the legion, except
they happened to be acquainted with the youth so bolted,
were forced to put themselves upon fortune, while
they of the first legion chose one, they of the second
the next, they of the third another and the fourth
youth fell to the last legion; and thus was the election
(the legions and the tribes varying according to their
lots) carried on till the foot were complete.
“The like course with little
alteration was taken by the horse officers till the
horse also were complete. This was called giving
of names, which the children of Israel did also by
lot; and if any man refused to give his name, he was
sold for a slave, or his estate confiscated to the
commonwealth. ’When Marcus Curius
the Consul was forced to make a sudden levy, and none
of the youth would give in their names, all the tribes
being put to the lot, he commanded the first name drawn
out of the urn of the Pollian tribe (which happened
to come first) to be called; but the youth not answering,
he ordered his goods to be sold; which was conformable
to the law in Israel, according to which Saul took
a yoke of oxen, and hewed them in pieces, and sent
them throughout the tribes, saying, ’Whosoever
comes not forth to battle after Saul and Samuel, so
shall it be done to his oxen.’ By which
you may observe also that they who had no cattle were
not of the militia in Israel. But the age of
the Roman youth by the Tullian law determined at thirty;
and by the law (though it should seem by Machiavel
and others that this was not well observed) a man
could not stand for magistracy till he was miles emeritus,
or had fulfilled the full term of his militia, which
was complete in his tenth stipend or service, nor
was he afterward obliged under any penalty to give
his name, except the commonwealth were invaded, in
which case the elders were as well obliged as the youth.
The Consul might also levy milites evocatos,
or soldiers, commanded men out of such as had served
their turn, and this at his discretion. The legions
being thus complete, were divided by two to each consul,
and in these no man had right to serve but a Roman
citizen; now because two legions made but a small
army, the Romans added to every one of their arms
an equal number of foot, and a double number of horse
levied among their Latin or Italian associates; so
a consular army, with the legions and auxiliaries,
amounted to about 30,000, and whereas they commonly
levied two such armies together, these being joined
made about 60,000.
“The steps whereby our militia
follows the greatest captain, are the three essays;
the first, elected by a fifth man in the parishes,
and amounting in the whole to 100,000, choose their
officers at the hundreds, where they fall also to
their games or exercises, invited by handsome prizes,
such as for themselves and the honor of them will be
coveted, such as will render the hundred a place of
sports, and exercise of arms all the year long, such
as in the space of ten years will equip 30,000 men
horse and foot, with such arms for their forge, proof,
and beauty, as (notwithstanding the argyraspides,
or silver shields of Alexander’s guards) were
never worn by so many, such as will present marks
of virtue and direction to your general or strategus
in the distribution of his army, which doubles the
value of them to the proprietors, who are bound to
wear them, and eases the commonwealth of so much charge,
so many being armed already.
“But here will be the objection
now. How shall such a revenue be compassed?
Fifty pounds a year in every hundred is a great deal,
not so easily raised; men will not part with their
money, nor would the sum, as it is proposed by the
order of Pompey, rise in many years. These are
difficulties that fit our genius exactly, and yet L1,000
in each hundred, once levied, establishes the revenue
forever. Now the hundreds one with another are
worth L10,000 a year dry-rent, over and above personal
estates, which bring it to twice the value, so that
a twentieth part of one year’s revenue of the
hundred does it, if you cannot afford this while you
pay taxes, though from henceforth they will be but
small ones, do it when you pay none, if it be then
too much for one year, do it in two; if it be too
much for two years, do it in four. What husbands
have we hitherto been? what is become of greater sums?
My lords, if you should thus cast your bread upon
the waters, after many days you shall find it; stand
not huckling when you are offered corn and your money
again in the mouth of the sack.
“But to proceed: the first
essay being officered at the hundreds, and mustered
at the tribes (where they are entertained with other
sports, which will be very fine ones), proceeds to
the election of the second essay, or standing army
of this nation, consisting of 30,000 foot and 10,000
horse; and these, upon a war decreed, being delivered
at the rendezvous of Oceana to the strategus, are
the third essay, which answers to the Roman legions.
But you may observe, that whereas the consuls elected
the military tribunes, and raised commanded men out
of the veterans at their own discretion, our polemarchs,
or field officers, are elected by the scrutiny of
the Council of War, and our veterans not otherwise
taken on than as volunteers, and with the consent of
the polemarchs, which may serve for the removal of
certain scruples which might otherwise be incident
in this place, though without encouragement by the
Roman way of proceeding, much less by that which is
proposed. But whereas the Roman legions in all
amounted not in one army to above 30,000 men, or little
more, you have here 40,000; and whereas they added
auxiliaries, it is in this regard that Marpesia will
be a greater revenue to you than if you had the Indies;
for whereas heretofore she has yielded you nothing
but her native thistles, in ploughing out the rankness
of her aristocracy by your agrarian, you will find
her an inexhaustible magazine of men, and to her own
advantage, who will make a far better account by the
arms than by the pins of Poland. Wherefore as
a consular army consisted of about an equal number
of auxiliaries added to their legions by their Latin
or Italian associates, you may add to a parliamentary
army an equal number of Marpesians or Panopeans, as
that colony shall hereafter be able to supply you,
by which means the commonwealth will be able to go
forth to battle with 80,000 men.
“To make wars with small forces
is no husbandry, but a waste, a disease, a lingering
and painful consumption of men and money the Romans
making theirs thick, made them short, and had little
regard to money, as that which they who have men enough
can command where it is fittest that it should be
levied. All the ancient monarchies by this means
got on wing, and attained to vast riches. Whereas
your modern princes being dear purchasers of small
parcels, have but empty pockets. But it may be
some will accuse the order of rashness, in that it
commits the sole conduct of the war to the general;
and the custom of Venice by her proveditori, or checks
upon her commanders-in-chief, may seem to be of greater
prudence; but in this part of our government neither
Venice nor any nation that makes use of mercenary
forces is for our instruction. A mercenary army,
with a standing general, is like the fatal sister that
spins; but proper forces, with an annual magistrate,
are like her that cuts the thread. Their interests
are quite contrary, and yet you have a better proveditor
than the Venetian, another strategus sitting with an
army standing by him; whereupon that which is marching,
if there were any probability it should, would find
as little possibility that it could recoil, as a foreign
enemy to invade you. These things considered,
a war will appear to be of a contrary nature to that
of all other reckonings, inasmuch as of this you must
never look to have a good account if you be strict
in imposing checks. Let a council of huntsmen,
assembled beforehand, tell you which way the stag shall
run, where you shall cast about at the fault, and
how you shall ride to be in at the chase all the day;
but these may as well do that, as a council of war
direct a general. The hours that have painted
wings, and of different colors, are his council; he
must be like the eye that makes not the scene, but
has it so soon as it changes. That in many counsellors
there is strength, is spoken of civil administrations;
as to those that are military, there is nothing more
certain than that in many counsellors there is weakness.
Joint commissions in military affairs, are like hunting
your hounds in their couples. In the Attic War
Cleomenes and Demaratus, Kings of Lacedaemon, being
thus coupled, tugged one against another; and while
they should have joined against the Persian, were the
cause of the common calamity, whereupon that commonwealth
took better counsel, and made a law whereby from henceforth
there went at once but one of her kings to battle.
“’The Fidenati being in
rebellion, and having slain the colony of the Romans,
four tribunes with consular power were created by the
people of Rome, whereof one being left for the guard
of the city, the other three were sent against the
Fidenati, who, through the division that happened
among them, brought nothing home but dishonor, whereupon
the Romans created the Dictator, and Livy gives his
judgment in these words: “The three tribunes
with consular power were a lesson how useless in war
is the joint command of several generals; for each
following his own counsels, while they all differed
in their opinions, gave by this opportunity an advantage
to the enemy.” When the consuls Quintus
and Agrippa were sent against the AEqui, Agrippa for
this reason refused to go with his colleague, saying:
“That in the administration of great actions
it was most safe that the chief command should be lodged
in one person.” And if the ruin of modern
armies were well considered, most of it would be found
to have fallen upon this point, it being in this case
far safer to trust to any one man of common prudence,
than to any two or more together of the greatest parts.’
The consuls indeed, being equal in power, while one
was present with the Senate, and the other in the field
with the army, made a good balance; and this with us
is exactly followed by the election of a new strategus
upon the march of the old one.
“The seven-and-twentieth order,
whereby the elders in case of invasion are obliged
to equal duty with the youth, and each upon their own
charge, is suitable to reason (for every man defends
his own estate) and to our copy, as in the war with
the Samnites and Tuscans. ’The Senate
ordered a vacation to be proclaimed, and a levy to
be made of all sorts of persons, and not only the
freemen and youths were listed, but cohorts of the
old men were likewise formed.’ This nation
of all others is the least obnoxious to invasion.
Oceana, says a French politician, is a beast that
cannot be devoured but by herself. Nevertheless,
that government is not perfect which is not provided
at all points; and in this (ad triarios res
rediit) the elders being such as in a martial state
must be veterans, the commonwealth invaded gathers
strength like Antaeus by her fall, while the whole
number of the elders, consisting of 500,000, and the
youth of as many, being brought up according to the
order, give twelve successive battles, each battle
consisting of 80,000 men, half elders and half youth.
And the commonwealth, whose constitution can be no
stranger to any of those virtues which are to be acquired
in human life, grows familiar with death ere she dies.
If the hand of God be upon her for her transgressions,
she shall mourn for her sins, and lie in the dust
for her iniquities, without losing her manhood.
“’Si
fractus illabatur orbis,
Impavidam ferient ruinoe.’”
The remaining part, being the constitution
of the provincial orb, is partly civil, or consisting
of the elders; and partly military, or consisting
of the youth. The civil part of the provincial
orb is directed by
The twenty-eighth order, “Whereby
the council of a province being constituted of twelve
knights, divided by four into three regions (for their
term and revolution conformable to the Parliament),
is perpetuated by the annual election at the tropic
of four knights (being triennial magistrates) out
of the region of the Senate whose term expires; and
of one knight out of the same region to be strategus
or general of the province, which magistracy is annual.
The strategus or magistrate thus chosen shall be as
well president of the provincial council with power
to propose to the same, as general of the army.
The council for the rest shall elect weekly provosts,
having any two of them also right to propose after
the manner of the senatorian councils of Oceana.
And whereas all provincial councils are members of
the Council of State, they may and ought to keep diligent
correspondence with the same, which is to be done
after this manner: Any opinion or opinions legitimately
proposed and debated at a provincial council, being
thereupon signed by the strategus or any two of the
provosts, may be transmitted to the Council of State
in Oceana; and the Council of State proceeding upon
the same in their natural course (whether by their
own power, if it be a matter within their instructions;
or by authority of the Senate thereupon consulted,
if it be a matter of state which is not in their instructions;
or by authority of the Senate and command of the people,
if it be a matter of law, as for the levies of men
or money upon common use and safety) shall return
such answers, advice, or orders as in any of the ways
mentioned shall be determined upon the case.
“The provincial councils of
Marpesia and Panopea respectively shall take special
care that the agrarian laws, as also all other laws
that be or shall from time to time be enacted by the
Parliament of Oceana, for either of them, be duly
put in execution; they shall manage and receive the
customs of either nation for the shipping of Oceana,
being the common guard; they shall have a care that
moderate and sufficient pay upon the respective province
be duly raised for the support and maintenance of
the officers and soldiers, or army of the same, in
the most effectual, constant, and convenient way;
they shall receive the regalia, or public revenues
of those nations, out of which every councillor shall
have for his term, and to his proper use, the sum of
L500 per annum, and the strategus L500 as president,
beside his pay as general, which shall be L1,000,
the reminder to go to the use of the knights and deputies
of the respective provinces, to be paid, if it will
reach, according to the rates of Oceana; if not, by
an equal distribution, respectively, or the overplus,
if there be any, to be returned to the Treasury of
Oceana. They shall manage the lands (if there
be any such held in either of the provinces by the
commonwealth of Oceana, in dominion) and return the
rents into the Exchequer. If the commonwealth
comes to be possessed of richer provinces, the pay
of the general or strategus, and of the councils,
may be respectively increased. The people for
the rest shall elect their own magistrates, and be
governed by their own laws, having power also to appeal
from their native or provincial magistrates, if they
please, to the people of Oceana. And whereas
there may be such as receiving injury, are not able
to prosecute their appeals at so great a distance,
eight sergeants-at-law, being sworn by the commissioners
of the seal, shall be sent by four into each province
once in two years; who, dividing the same by circuits,
shall hear such causes, and having gathered and introduced
them, shall return to the several appellants, gratis,
the determinations and decrees of the people in their
several cases.
“The term of a knight in a provincial
orb, as to domestic magistracies, shall be esteemed
a vacation, and no bar to present election to any
other honor, his provincial magistracy being expired.
“The quorum of a provincial
council, as also of every other council or assembly
in Oceana, shall in time of health consist of two parts
in three of the whole number proper to that council
or assembly; and in a time of sickness, of one part
in three; but of the Senate there can be no quorum
without three of the signory, nor of a council without
two of the provosts.”
The civil part of the provincial orb
being declared by the foregoing order, the military
part of the same is constituted by
The twenty-ninth order, “Whereby
the stratiots of the third essay having drawn the
gold balls marked with the letter M, and being ten
horse and fifty foot in a tribe, that is to say, 500
horse and 2,500 foot in all, the tribes shall be delivered
by the respective conductors to the provincial strategus
or general, at such a time and place, or rendezvous,
as he shall appoint by order and certificate of his
election, and the strategus having received the horse
and foot mentioned, which are the third classes of
his provincial guard or army, shall forthwith lead
them away to Marpesia, where the army consists of
three classes, each class containing 3,000 men, whereof
500 are horse; and receiving the new strategus with
the third class, the old strategus with the first
class shall be dismissed by the provincial council.
The same method with the stratiots of the letter P,
is to be observed for the provincial orb of Panopea;
and the commonwealth coming to acquire new provinces,
the Senate and the people may erect new orbs in like
manner, consisting of greater or less numbers, according
as is required by the respective occasion. If
a stratiot has once served his term in a provincial
orb, and happens afterward to draw the letter of a
province at the election of the second essay, he may
refuse his lot; and if he refuses it, the censor of
that urn shall cause the files balloting at the same
to make a halt; and if the stratiot produces the certificate
of his strategus or general, that he has served his
time accordingly, the censor throwing the ball that
he drew into the urn again, and taking out a blank,
shall dismiss the youth, and cause the ballot to proceed.”
To perfect the whole structure of
this commonwealth, some directions are given to the
third essay, or army marching, in
The thirtieth order. “’When
thou goest to battle against thy enemies, and seest
horses and chariots, and a people more than thou, be
not afraid of them, for the Lord thy God is he that
goes with thee to fight for thee against thy enemies.
And when thou dividest the spoil, it shall be as a
statute and an ordinance to thee, that as his part
is that goes down to the battle, so shall his part
be that tarries by the stuff; that is (as to the commonwealth
of Oceana) the spoil takin of the enemy (except clothes,
arms, horses, ammunition, and victuals, to be divided
to the soldiery by the strategus and the polemarchs
upon the place according to their discretion) shall
be delivered to four commissaries of the spoils elected
and sworn by the Council of War, which commissaries
shall be allowed shipping by the State, and convoys
according as occasion shall require by the strategus,
to the end that having a bill of lading signed by
three or more of the polemarchs, they may ship and
bring, or cause such spoils to be brought to the prize-office
in Oceana, where they shall be sold, and the profit
arising by such spoils shall be divided into three
parts, whereof one shall go to the Treasury, another
shall be paid to the soldiery of this nation, and
a third to the auxiliaries at their return from their
service, provided that the said auxiliaries be equal
in number to the proper forces of this nation, otherwise
their share shall be so much less as they themselves
are fewer in number; the rest of the two-thirds to
go to the officers and soldiers of the proper forces.
And the spoils so divided to the proper forces, shall
be subdivided into three equal parts, whereof one
shall go to the officers, and two to the common soldiers,
the like for the auxiliaries. And the share allotted
the officers shall be divided into four equal parts,
whereof one shall go to the strategus, another to
the polemarchs, a third to the colonels, and a fourth
to the captains, cornets, ensigns, and under-officers,
receiving their share of the spoil as common soldiers,
the like for the auxiliaries. And this upon pain,
in the case of failure, of what the people of Oceana
(to whom the cognizance of peculation or crimes of
this nature is properly appertaining) shall adjudge
or decree.”
Upon these three last orders the Archon
seemed to be haranguing at the head of his army in
this manner:
“My dear lords and excellent
patriots:
“A government of this make is
a commonwealth for increase. Of those for preservation,
the inconveniences and frailties have been shown:
their roots are narrow, such as do not run, have no
fibres; their tops weak and dangerously exposed to
the weather, except you chance to find one, as Venice,
planted in a flower-pot, and if she grows, she grows
topheavy, and falls, too. But you cannot plant
an oak in a flowerpot; she must have earth for her
root, and heaven for her branches.
“‘Imperium Oceano, famam quoe terminet
astris.’
“Rome was said to be broken
by her own weight, but poetically; for that weight
by which she was pretended to be ruined was supported
in her emperors by a far slighter foundation.
And in the common experience of good architecture,
there is nothing more known than that buildings stand
the firmer and the longer for their own weight, nor
ever swerve through any other internal cause than
that their materials are corruptible; but the people
never die, nor, as a political body, are subject to
any other corruption than that which derives from
their government. Unless a man will deny the
chain of causes, in which he denies God, he must also
acknowledge the chain of effects; wherefore there can
be no effect in nature that is not from the first
cause, and those successive links of the chain without
which it could not have been. Now except a man
can show the contrary in a commonwealth, if there
be no cause of corruption in the first make of it,
there can never be any such effect. Let no man’s
superstition impose profaneness upon this assertion;
for as man is sinful, but yet the universe is perfect,
so may the citizen be sinful, and yet the commonwealth
be perfect. And as man, seeing the world is perfect,
can never commit any such sin as shall render it imperfect,
or bring it to a natural dissolution, so the citizen,
where the commonwealth is perfect, can never commit
any such crime as will render it imperfect, or bring
it to a natural dissolution.
“To come to experience:
Venice, notwithstanding we have found some flaws in
it, is the only commonwealth in the make whereof no
man can find a cause of dissolution; for which reason
we behold her (though she consists of men that are
not without sin) at this day with 1,000 years upon
her back, yet for any internal cause, as young, as
fresh, and free from decay, or any appearance of it,
as she was born; but whatever in nature is not sensible
of decay by the course of 1,000 years, is capable
of the whole age of nature; by which calculation, for
any check that I am able to give myself, a commonwealth,
rightly ordered, may for any internal causes be as
immortal or long-lived as the world. But if this
be true, those commonwealths that are naturally fallen,
must have derived their ruin from the rise of them.
Israel and Athens died, not natural, but violent deaths,
in which manner the world itself is to die. We
are speaking of those causes of dissolution which are
natural to government; and they are but two, either
contradiction or inequality. If a commonwealth
be a contradiction, she must needs destroy herself;
and if she be unequal, it tends to strife, and strife
to ruin. By the former of these fell Lacedaemon,
by the latter Rome. Lacedaemon being made altogether
for war, and yet not for increase, her natural progress
became her natural dissolution, and the building of
her own victorious hand too heavy for her foundation,
so that she fell, indeed, by her own weight.
But Rome perished through her native inequality, which
how it inveterated the bosoms of the Senate and the
people each against other, and even to death, has
been shown at large.
“Look well to it, my lords,
for if there be a contradiction or inequality in your
commonwealth, it must fall; but if it has neither of
these, it has no principle of mortality. Do not
think me impudent; if this be truth, I shall commit
a gross indiscretion in concealing it. Sure I
am that Machiavel is for the immortality of a
commonwealth upon far weaker principles. ‘If
a commonwealth,’ says he, ’were so happy
as to be provided often with men, that, when she is
swerving from her principles, should reduce her to
her institution, she would be immortal.’
But a commonwealth, as we have demonstrated, swerves
not from her principles, but by and through her institution;
if she brought no bias into the world with her, her
course for any internal cause must be straightforward,
as we see is that of Venice. She cannot turn to
the right hand nor to the left, but by some rub, which
is not an internal, but external, cause: against
such she can be no way fortified but through her situation,
as is Venice, or through her militia, as was Rome,
by which examples a commonwealth may be secure of those
also. Think me not vain, for I cannot conceal
my opinion here; a commonwealth that is rightly instituted
can never swerve, nor one that is not rightly instituted
be secured from swerving by reduction to her first
principles; wherefore it is no less apparent in this
place that Machiavel understood not a commonwealth
as to the whole piece, than where having told you
that a tribune, or any other citizen of Rome, might
propose a law to the people, and debate it with them,
he adds, ’this order was good while the people
were good; but when the people became evil, it became
most pernicious.’ As if this order (through
which, with the like, the people most apparently became
evil) could ever have been good, or that the people
or the commonwealth could ever have become good, by
being reduced to such principles as were the original
of their evil.
“The disease of Rome was, as
has been shown, from the native inequality of her
balance, and no otherwise from the empire of the world,
than as, this falling into one scale, that of the
nobility (an evil in such a fabric inevitable) kicked
out the people. Wherefore a man that could have
made her to throw away the empire of the world, might
in that have reduced her to her principles, and yet
have been so far from rendering her immortal that,
going no further, he should never have cured her.
But your commonwealth is founded upon an equal agrarian;
and if the earth be given to the sons of men, this
balance is the balance of justice, such a one as in
having due regard to the different industry of different
men, yet faithfully judges the poor’ And the
king that faithfully judges the poor, his throne shall
be established forever;, much more the commonwealth,
seeing that equality, which is the necessary dissolution
of monarchy, is the generation, the very life and soul,
of a commonwealth. And now, if ever, I may be
excusable, seeing my assertion, that the throne of
a commonwealth may be established forever, is consonant
to the holy Scriptures.
“The balance of a commonwealth
that is equal is of such a nature that whatever falls
into her empire must fall equally; and if the whole
earth falls into your scales, it must fall equally,
and so you may be a greater people and yet not swerve
from your principles one hair. Nay, you will
be so far from that that you must bring the world in
such a case to your balance, even to the balance of
justice. But hearken, my lords; are we on earth,
do we see the sun, or are we visiting those shady
places which are feigned by the poets?
“‘Continuo auditoe voces, vagitus
et ingens.’
“These Gothic empires that are
yet in the world, were at the first, though they had
legs of their own, but a heavy and unwieldy burden;
but their foundations being now broken, the iron of
them enters even into the souls of the oppressed;
and hear the voice of their comforters: ’My
father hath chastised you with whips, but I will chastise
you with scorpions.’ Hearken, I say, if
thy brother cries to thee in affliction, wilt thou
not hear him? This is a commonwealth of the fabric
that has an open ear and a public concern; she is
not made for herself only, but given as a magistrate
of God to mankind, for the vindication of common right
and the law of nature. Wherefore says Cicero of
the like, that of the Romans, ’We have rather
undertaken the patronage than the empire of the world.’
If you, not regarding this example, like some other
nations that are upon the point to smart for it, shall,
having attained to your own liberty, bear the sword
of your common magistracy in vain, sit still and fold
your arms, or, which is worse, let out the blood of
your people to tyrants, to be shed in the defence
of their yokes like water, and so not only turn the
grace of God into wantonness, but his justice into
wormwood: I say if you do thus, you are not now
making a commonwealth, but heaping coals of fire upon
your own heads. A commonwealth of this make is
a minister of God upon earth, to the end that the world
may be governed with righteousness. For which
cause (that I may come at length to our present business)
the orders last rehearsed are buds of empire, such
as with the blessing of God may spread the arms of
your commonwealth, like a holy asylum, to the distressed
world, and give the earth her sabbath of years, or
rest from her labors, under the shadow of your wings.
It is upon this point where the writings of Machiavel,
having for the rest excelled all other authors, come
as far to excel themselves.
“Commonwealths, says he, have
had three ways of propagating themselves: One
after the manner of monarchies, by imposing the yoke,
which was the way of Athens, and, toward the latter
times, of Lacedaemon; another by equal leagues, which
is the way of Switzerland (I shall add of Holland,
though since his time); a third by unequal leagues,
which, to the shame of the world, was never practised,
nay, nor so much as seen or minded, by any other commonwealth
but that only of Rome. They will each of them,
either for caution or imitation, be worthy to be well
weighed, which is the proper work of this place.
Athens and Lacedaemon have been the occasion of great
scandal to the world, in two, or at least one of two
regards: the first, their emulation, which involved
Greece in perpetual wars; the second, their way of
propagation, which by imposing yokes upon others,
was plainly contradictory to their own principles.
“For the first: governments,
be they of what kind soever, if they be planted too
close, are like trees, that impatient in their growth
to have it hindered, eat out one another. It
was not unknown to these in speculation, or, if you
read the story of Agesilaus, in action, that either
of them with 30,000 men might have mastered the East;
and certainly, if the one had not stood in the other’s
light, Alexander had come too late to that end, which
was the means (and would be if they were to live again)
of ruin, at least to one of them; wherefore with any
man that understands the nature of government this
is excusable. So it was between Oceana and Marpesia;
so it is between France and Spain, though less excusable;
and so it ever will be in the like cases. But
to come to the second occasion of scandal by them
given, which was in the way of their propagation,
it is not excusable; for they brought their confederates
under bondage, by which means Athens gave occasion
of the Peloponnesian War, the wound of which she died
stinking, when Lacedaemon, taking the same infection
from her carcass, soon followed.
“Wherefore, my lords, let these
be warnings to you not to make that liberty which
God has given you a snare to others in practising this
kind of enlargement to yourselves.
“The second way of propagation
or enlargement used by commonwealths is that of Switzerland
and Holland, equal leagues; this, though it be not
otherwise mischievous, is useless to the world, and
dangerous to themselves: useless to the world,
for as the former governments were storks, these are
blocks, have no sense of honor, or concern in the
sufferings of others. But as the AEtolians, a
state of the like fabric, were reproached by Philip
of Macedon to prostitute themselves; by letting out
their arms to the lusts of others, while they leave
their own liberty barren and without legitimate issue;
so I do not defame these people; the Switzer for valor
has no superior, the Hollander for industry no equal;
but themselves in the meantime shall so much the less
excuse their governments, seeing that to the Switz
it is well enough known that the ensigns of his commonwealth
have no other motto than in te converte
manus; and that of the Hollander, though he sweats
more gold than the Spaniard digs, lets him languish
in debt; for she herself lives upon charity.
These are dangerous to themselves, precarious governments,
such as do not command, but beg their bread from province
to province, in coats that being patched up of all
colors are in effect of none. That their cantons
and provinces are so many arrows, is good; but they
are so many bows too, which is naught.
“Like to these was the commonwealth
of the ancient Tuscans, hung together like bobbins,
without a hand to weave with them; therefore easily
overcome by the Romans, though at that time, for number,
a far less considerable people. If your liberty
be not a root that grows, it will be a branch that
withers, which consideration brings me to the paragon,
the Commonwealth of Rome.
“The ways and means whereby
the Romans acquired the patronage, and in that the
empire, of the world were different, according to the
different condition of their commonwealth in her rise
and in her growth: in her rise she proceeded
rather by colonies, in her growth by unequal leagues.
Colonies without the bounds of Italy she planted none
(such dispersion of the Roman citizen as to plant
him in foreign parts, till the contrary interest of
the emperors brought in that practice, was unlawful),
nor did she ever demolish any city within that compass,
or divest it of liberty; but whereas the most of them
were commonwealths, stirred ’up by emulation
of her great felicity to war against her, if she overcame
any, she confiscated some part of their lands that
were the greatest incendiaries, or causes of the trouble,
upon which she planted colonies of her own people,
preserving the rest of their lands and liberties for
the natives or inhabitants. By this way of proceeding,
that I may be as brief as possible, she did many and
great things. For in confirming of liberty, she
propagated her empire; in holding the inhabitants from
rebellion, she put a curb upon the incursion of enemies;
in exonerating herself of the poorer sort, she multiplied
her citizens; in rewarding her veterans, she rendered
the rest less seditious; and in acquiring to herself
the reverence of a common parent, she from time to
time became the mother of new-born cities.
“In her further growth the way
of her propagation went more upon leagues, which for
the first division were of two kinds, social and provincial.
“Again, social leagues, or leagues
of society, were of two kinds:
“The first called Latinity or
Latin, the second Italian right.” The league
between the Romans and the Latins, or Latin right,
approached nearest to jus quiritium, or the right
of a native Roman. The man or the city that was
honored with this right, was civitate donatus cum
suffragio, adopted a citizen of Rome, with the
right of giving suffrage with the people in some cases,
as those of conformation of law, or determination
in judicature, if both the Consuls were agreed, not
otherwise; wherefore that coming to little, the greatest
and most peculiar part of this privilege was, that
who had borne magistracy (at least that of oedile
or quoestor) in any Latin city, was by consequence
of the same a citizen of Rome at all points.
“Italian right was also a donation
of the city, but without suffrage: they who were
in either of these leagues, were governed by their
own laws and magistrates, having all the rights, as
to liberty, of citizens of Rome, yielding and praying
to the commonwealth as head of the league, and having
in the conduct of all affairs appertaining to the common
cause, such aid of men and money as was particularly
agreed to upon the merit of the cause, and specified
in their respective leagues, whence such leagues came
to be called equal or unequal accordingly.
“Provincial leagues were of
different extension, according to the merit and capacity
of a conquered people; but they were all of one kind,
for every province was governed by Roman magistrates,
as a praetor or a proconsul, according to the dignity
of the province, for the civil administration and
conduct of the provincial army, and a quaestor for
the gathering of the public revenue, from which magistrates
a province might appeal to Rome.
“For the better understanding
of these particulars, I shall exemplify in as many
of them as is needful, and first in Macedon:
“The Macedonians were thrice
conquered by the Romans, first under the conduct of
Titus Quintus Flaminius; secondly, under that of Lucius
AEmilius Paulus; and, thirdly under that of Quintus
Caecilius Metellus, thence called Macedonicus.
“For the first time Philip of
Macedon, who (possessed of Acrocorinthus) boasted
no less than was true, that he had Greece in fetters,
being overcome by Flaminius, had his kingdom restored
to him, upon condition that he should immediately
set all the cities which he held in Greece and in
Asia at liberty, and that he should not make war out
of Macedon but by leave of the Senate of Rome; which
Philip (having no other way to save anything) agreed
should be done accordingly.
“The Grecians being at this
time assembled at the isthmian games, where the concourse
was mighty great, a crier, appointed to the office
by Flaminius, was heard among them proclaiming all
Greece to be free; to which the people being amazed
at so hopeless a thing, gave little credit, till they
received such testimony of the truth as put it past
all doubt, whereupon they fell immediately on running
to the proconsul with flowers and garlands, and such
violent expressions of their admiration and joy, as,
if Flaminius, a young man, about thirty-three, had
not also been very strong, he must have died of no
other death than their kindness, while everyone striving
to touch his hand, they bore him up and down the field
with an unruly throng, full of such ejaculations as
these: How is there a people in the world, that
at their own charge, at their own peril, will fight
for the liberty of another? Did they live at
the next door to the fire? Or what kind of men
are these, whose business it is to pass the seas,
that the world may be governed with righteousness?
The cities of Greece and of Asia shake off their iron
fetters at the voice of a crier was it madness to imagine
such a thing, and is it done? O virtue!
O felicity! O fame!
“In this example your lordships
have a donation of liberty or of Italian right to
a people, by restitution to what they had formerly
enjoyed; and some particular men, families or cities,
according to their merit of the Romans, if not upon
this, yet upon the like occasions, were gratified
with Latinity.” But Philip’s share
by this means did not please him, wherefore the league
was broken by his son Perseus; and the Macedonians
thereupon for the second time conquered by AEmilius
Paulus, their King taken, and they some time after
the victory summoned to the tribunal of the general;
where, remembering how little hope they ought to have
of pardon, they expected some dreadful sentence:
when AEmilius, in the first place, declared the Macedonians
to be free, in the full possession of their lands,
goods, and laws, with right to elect annual magistrates,
yielding and paying to the people of Rome one-half
of the tribute which they were accustomed to pay to
their own kings. This done he went on, making
so skilful a division of the country in order to the
methodizing of the people, and casting them into the
form of popular government, that the Macedonians,
being first surprised with the virtue of the Romans,
began now to alter the scene of their admiration, that
a stranger should do such things for them in their
own country, and with such facility as they had never
so much as once imagined to be possible. Nor
was this all; for AEmilius, as if not dictating to
conquered enemies, but to some well-deserving friends,
gave them in the last place laws so suitable, and
contrived with such care and prudence, that long use
and experience (the only correctness of works of this
nature) could never find a fault in them.
“In this example you have a
donation of liberty, or of Italian right, to a people
that had not tasted of it before, but were now taught
how to use it.
“My lords, the royalists should
compare what we are doing, and we what hitherto we
have done for them, with this example. It is a
shame that while we are boasting up ourselves above
all others, we should yet be so far from imitating
such examples as these, that we do not so much as
understand that if government be the parent of manners,
where there are no heroic virtues, there is no heroic
government.
“But the Macedonians rebelling,
at the name of a false Philip, the third time against
the Romans, were by them judged incapable of liberty,
and reduced by Metellus to a province.
“Now whereas it remains that
I explain the nature of a province, I shall rather
choose that of Sicily, because, having been the first
which the Romans made, the descriptions of the rest
relate to it.
“‘We have so received
the Sicilian cities into amity,’ says Cicero,
’that they enjoy their ancient laws; and upon
no other condition than of the same obedience to the
people of Rome, which they formerly yielded to their
own princes or superiors.’ So the Sicilians,
whereas they had been parcelled out to divers princes,
and into divers states (the cause of perpetual wars,
whereby, hewing one another down, they became sacrifices
to the ambition of their neighbors, or of some invader),
were now received at the old rate into a new protection
which could hold them, and in which no enemy durst
touch them; nor was it possible, as the case then
stood, for the Sicilians to receive, or for the Romans
to give more.
“A Roman province is defined
by Sigonius as a region having provincial right.
Provincial right in general was to be governed by a
Roman praetor, or consul, in matters at least of state,
and of the militia; and by a quaeStor, whose office
it was to receive the public revenue. Provincial
right in particular was different, according to the
different leagues or agreements between the commonwealth,
and the people reduced into a province. ’Siculi
hoc jure sunt, ut quod civis cum
cive agat, domi certet suis legibus; quod
siculus cum siculo non ejusdem civitatis, ut
de eo proetor judices, ex P. Rupilii decreto,
sortiatur. Quod privatus a populo
petit, aut populus a privato, senatus
ex aliqua civitate, qui judicet, datur,
cui alternoe civitates rejectoe sunt. Quod
vivis Romanus a siculo petit, siculus judex
datur quod siculus a cive Romano, civis Romanus
datur. Coeterarum rerum selecti judices ex civium
Romanorum conventu proponi solent. Inter aratores
et decumanos lège frumentaria, quam
Hieronicam appellant, judicia fiunt.’ Because
the rest would oblige me to a discourse too large
for this place, it shall suffice that I have showed
you how it was in Sicily.
“My lords, upon the fabric of
your provincial orb I shall not hold you; because
it is sufficiently described in the order, and I cannot
believe that you think it inferior to the way of a
praetor and a quaestor. But whereas the provincial
way of the Roman Commonwealth was that whereby it
held the empire of the world, and your orbs are intended
to be capable at least of the like use, there may
arise many controversies, as whether such a course
be lawful, whether it be feasible; and, seeing that
the Romans were ruined upon that point, whether it
would not be to the destruction of the commonwealth.
“For the first: if the
empire of a commonwealth be an occasion to ask whether
it be lawful for a commonwealth to aspire to the empire
of the world, it is to ask whether it be lawful for
it to do its duty, or to put the world into a better
condition than it was before.
“And to ask whether this be
feasible, is to ask why the Oceaner, being under the
like administration of government, may not do as much
with 200 men as the Roman did with 100; for comparing
their commonwealths in their rise, the difference
is yet greater: now that Rome (seris avaritia
luxuriaque), through the natural thirst of her constitution,
came at length with the fulness of her provinces to
burst herself, this is no otherwise to be understood
than as when a man that from his own evil constitution
had contracted the dropsy, dies with drinking, it being
apparent that in case her agrarian had held, she could
never have been thus ruined, and I have already demonstrated
that your agrarian being once poised, can never break
or swerve.
“Wherefore to draw toward some
conclusion of this discourse, let me inculcate the
use, by selecting a few considerations out of many.
The regard had in this place to the empire of the
world appertains to a well-ordered commonwealth, more
especially for two reasons:
“1. The facility of this
great enterprise, by a government of the model proposed;
“2. The danger that you
would run in the omission of such a government.
“The facility of this enterprise,
upon the grounds already laid, must needs be great,
forasmuch as the empire of the world has been, both
in reason and experience, the necessary consequence
of a commonwealth of this nature only; for though
it has been given to all kinds to drive at it, since
that of Athens or Lacedaemon, if the one had not hung
in the other’s light, might have gained it,
yet could neither of them have held it; not Athens,
through the manner of her propagation, which, being
by downright tyranny, could not preserve what she had,
nor Lacedaemon, because she was overthrown by the
weight of a less conquest. The facility then
of this great enterprise being peculiar to popular
government, I shall consider it, first, in gaining,
and secondly, in holding.
“For the former, volenti
non fit injuria. It is said of
the people under Eumenes, that they would not have
changed them no their subjection for liberty; wherefore
the Romans gave disturbance. If a people be contented
with their government, it is a certain sign that it
is good, and much good do them with it. The sword
of your magistracy is for a terror to them that do
evil. Eumenes had the fear of God, or of the Romans,
before his eyes; concerning such he has given you
no commission.
“But till we can say, here are
the Romans, where is Eumenes? do not think that the
late appearances of God to you have been altogether
for yourselves; ’He has surely seen the affliction
of your brethren, and heard their cry by reason of
their task masters.’ For to believe otherwise
is not only to be mindless of his ways, but altogether
deaf. If you have ears to hear, this is the way
in which you will certainly be called upon; for if,
while there is no stock of liberty no sanctuary of
the afflicted, it be a common object to behold a people
casting themselves out of the pan of one prince into
the fire of another, what can you think, but if the
world should see the Roman ’eagle again, she
would renew her age and her flight? Nor did ever
she spread her wings with better omen than will be
read in your ensigns; which if, called in by an oppressed
people they interpose between them and their yoke,
the people themselves must either do nothing in the
meantime or have no more pains to take for their wished
fruit than to gather it, if that be not likewise done
for them. Wherefore this must needs be easy, and
yet you have a greater facility than is in the arm
of flesh; for if the cause of mankind be the cause
of God, the Lord of Hosts will be your captain, and
you shall be a praise to the whole earth.
“The facility of holding is
in the way of your propagation; if you take that of
Athens and Lacedemón, you shall rain snares, but
either catch or hold nothing. Lying lips are
an abomination to the Lord: if setting up for
liberty you impose yokes, he will infallibly destroy
you. On the other side, to go about a work of
this nature by a league without a head, is to abdicate
that magistracy wherewith he has not only endued you,
but whereof he will require an account of you; for,
’cursed is he that does the work of the Lord
negligently.’ Wherefore you are to take
the course of Rome: if you have subdued a nation
that is capable of liberty, you shall make them a
present of it, as did Flaminius to Greece, and AEmilius
to Macedon, reserving to yourselves some part of that
revenue which was legally paid to the former government,
together with the right of being head of the league,
which includes such levies of men and money as shall
be necessary for the carrying on of the public work.
“For if a people have by your
means attained to freedom, they owe both to the cause
and you such aid as may propagate the like fruit to
the rest of the world. But whereas every nation
is not capable of her liberty to this degree, lest
you be put to doing and undoing of things, as the
Romans were in Macedon, you shall diligently observe
what nation is fit for her liberty to this degree,
and what not; which is to be done by two marks, the
first if she be willing to ’help the Lord against
the mighty;’ for if she has no care of the liberty
of mankind she deserves not her own. But because
in this you may be deceived by pretences, which, continuing
for a while specious, may afterward vanish; the other
is more certain, and that is if she be capable of an
equal agrarian; which that it was not observed by
excellent AEmilius in his donation of liberty, and
introduction of a popular state among the Macedonians,
I am more than moved to believe for two reasons; the
first, because at the same time the agrarian was odious
to the Roman patricians; the second, that the pseudo-Philip
could afterward so easily recover Macedon, which could
not have happened but by the nobility, and their impatience,
having great estates, to be equalled with the people;
for that the people should otherwise, at the mere
sound of a name, have thrown away their liberty, is
incredible. Wherefore be assured that the nation
where you cannot establish an equal agrarian, is incapable
of its liberty as to this kind of donation. For
example, except the aristocracy in Marpesia be dissolved,
neither can that people have their liberty there,
nor you govern at home; for they continuing still liable
to be sold by their lords to foreign princes, there
will never (especially in a country of which there
is no other profit to be made) be want of such merchants
and drovers, while you must be the market where they
are to receive their second payment.
“Nor can the aristocracy there
be dissolved but by your means, in relation whereto
you are provided with your provincial orb; which, being
proportioned to the measure of the nation that you
have vindicated or conquered, will easily hold it:
for there is not a people in the world more difficult
to be held than the Marpesians, which, though by themselves
it be ascribed to their own nature, is truly to be
attributed to that of their country. Nevertheless,
you having 9,000 men upon the continual guard of it,
that, threatened by any sudden insurrection, have
places of retreat, and an army of 40,000 men upon a
day’s warning ready to march to their rescue,
it is not to be rationally shown which way they can
possibly slip out of your hands. And if a man
should think that upon a province more remote and
divided by the sea, you have not the like hold, he
has not so well considered your wings as your talons,
your shipping being of such a nature as makes the descent
of your armies almost of equal facility in any country,
so that what you take you hold, both because your
militia, being already populous, will be of great
growth in itself, and also through your confederates,
by whom in taking and holding you are still more enabled
to do both.
“Nor shall you easier hold than
the people under your empire or patronage may be held.
My lords, I would not go to the door to see whether
it be close shut; this is no underhand dealing, nor
a game at which he shall have any advantage against
you who sees your cards, but, on the contrary the
advantage shall be your own: for with 18,000 men
(which number I put, because it circulates your orb
by the annual change of 6,000) having established
your matters in the order shown, you will, be able
to hold the greatest province; and 18,000 men, allowing
them greater pay than any prince ever gave, will not
stand the province in L1,000,000 revenue; in consideration
whereof, they shall have their own estates free to
themselves, and be governed by their own laws and
magistrates; which, if the revenue of the province
be in dry-rent (as there may be some that are four
times as big as Oceana) L40,000,000, will bring it
with that of industry, to speak with the least, to
twice the value: so that the people there, who
at this day are so oppressed that they have nothing
at all whereon to live, shall for L1,000,000 paid
to you, receive at least L79,000,000 to their proper
use: in which place I appeal to any man, whether
the empire described can be other than the patronage
of the world.
“Now if you add to the propagation
of civil liberty (so natural to this commonwealth
that it cannot be omitted) the propagation of the liberty
of conscience, this empire, this patronage of the world,
is the kingdom of Christ: for as the kingdom
of God the Father was a commonwealth, so shall the
kingdom of God the Son; ’the people shall be
willing in the day of his power.’
“Having showed you in this and
other places some of those inestimable benefits of
this kind of government, together with the natural
and facile emanation of them from their fountain,
I come (lest God who has appeared to you, for he is
the God of nature, in the glorious constellation of
these subordinate causes, whereof we have hitherto
been taking the true elevation, should shake off the
dust of his feet against you) to warn you of the dangers
which you, not taking the opportunity, will incur
by omission.
“Machiavel, speaking of
the defect of Venice, through her want of proper arms,
cries out, ‘This cut her wings, and spoiled her
mount to heaven.’ If you lay your commonwealth
upon any other foundation than the people, you frustrate
yourself of proper arms, and so lose the empire of
the world; nor is this all, but some other nation
will have it.
“Columbus offered gold to one
of your kings, through whose happy incredulity another
prince has drunk the poison, even to the consumption
of his people; but I do not offer you a nerve of war
that is made of purse-strings, such a one as has drawn
the face of the earth into convulsions, but such as
is natural to her health and beauty. Look you
to it, where there is tumbling and tossing upon the
bed of sickness, it must end in death or recovery.
Though the people of the world, in the dregs of the
Gothic empire, be yet tumbling and tossing upon the
bed of sickness, they cannot die; nor is there any
means of recovery for them but by ancient prudence,
whence of necessity it must come to pass that this
drug be better known, if France, Italy, and Spain were
not all sick, all corrupted together, there would
be none of them so; for the sick would not be able
to withstand the sound, nor the sound to preserve
their health, without curing of the sick. The
first of these nations (which if you stay her leisure,
will in my mind be France) that recovers the health
of ancient prudence, shall certainly govern the world;
for what did Italy when she had it? and as you were
in that, so shall you in the like case be reduced
to a province; I do not speak at random. Italy,
in the consulship of Lucius AEmilius Papus and Caius
Attilius Regulus, armed, upon the Gallic tumult that
then happened of herself, and without the aid of foreign
auxiliaries, 70,000 horse and 700,000 foot; but as
Italy is the least of those three countries in extent,
so is France now the most populous.
“‘I, déçus, I, nostrum, melioribus
utere fatis.’
“My dear lords, Oceana is as
the rose of Sharon, and the lily of the valley.
As the lily among thorns, such is my love among the
daughters. She is comely as the tents of Kedar,
and terrible as an army with banners. Her neck
is as the tower of David, builded for an armory, whereon
there hang 1,000 bucklers and shields of mighty men.
Let me hear thy voice in the morning, whom my soul
loves. The south has dropped, and the west is
breathing upon thy garden of spices. Arise, queen
of the earth, arise, holy spouse of Jesus; for lo,
the winter is past, the rain is over and gone; the
flowers appear on the earth, the time for the singing
of birds is come, and the voice of the turtle is heard
in our land. Arise, I say, come forth, and do
not tarry: ah! wherefore should my eyes behold
thee by the rivers of Babylon, hanging thy harps upon
the willows, thou fairest among women?
“Excellent patriots, if the
people be sovereign, here is that which establishes
their prerogative; if we be sincere, here is that which
disburdens our souls, and makes good all our engagements;
if we be charitable, here is that which embraces all
parties; if we would be settled, here is that which
will stand, and last forever.
“If our religion be anything
else but a vain boast, scratching and defacing human
nature or reason, which, being the image of God, makes
it a kind of murder, here is that empire whence ’justice
shall run down like a river, and judgment like a mighty
stream.’ Who is it then that calls us?
or, what is in our way? A lion! Is it not
the dragon, that old serpent? For what wretched
shifts are these? Here is a great deal; might
we not have some of this at one time, and some at another?
“My lords, permit me to give you the sum, or
brief:
EPITOME OF THE WHOLE COMMONWEALTH
“The centre or fundamental laws
are, first, the agrarian, proportioned at L2,000 a
year in land, lying and being within the proper territory
of Oceana, and stating property in land at such a
balance, that the power can never swerve out of the
hands of the many.
“Secondly, the ballot conveying
this equal sap from the root, by an equal election
or rotation, into the branches of magistracy or sovereign
power.
“The orbs of this commonwealth
being civil, military, or provincial, are, as it were,
cast upon this mould or centre by the divisions of
the people; first, into citizens and servants; secondly,
into youth and elders; thirdly, into such as have
L100 a year in lands, goods, or moneys, who are of
the horse; and such as have under, who are of the
foot; fourthly, they are divided by their usual residence
into parishes, hundreds, and tribes.
“The civil orbs consist of the
elders, and are thus created: every Monday next
ensuing the last of December, the elders in every parish
elect the fifth man to be a deputy, which is but half
a day’s work; every Monday next ensuing the
last of January, the deputies meet at their respective
hundred, and elect out of their number one justice
of the peace, one juryman, one coroner, and one high
constable of the foot, one day’s work.
“Every Monday next ensuing the
last of February, the hundreds meet at their respective
tribe, and there elect the lords high sheriff, lieutenant,
custos rotulorum, the conductor, the two censors out
of the horse, the magistrates of the tribe and of
the hundreds, with the jurymen constituting the phylarch,
and who assist in their respective offices at the
assizes, hold the quarter-sessions, etc.
The day following the tribe elects the annual galaxy,
consisting of two knights and three deputies out of
the horse, with four deputies out of the foot, thereby
endued with power, as magistrates of the whole nation,
for the term of three years. An officer chosen
at the hundred may not be elected a magistrate of
the tribe; but a magistrate or officer either of the
hundred or of the tribe, being elected into the galaxy,
may substitute any one of his office in the hundred
or in own order to his magistracy or office in the
hundred or in the tribe. This of the muster is
two days’ work. So the body of the people
is annually, at the charge of three days’ work
and a half, in their own tribes, for the perpetuation
of their power, receiving over and above the magistracies
so divided among them.
“Every Monday next ensuing the
last of March, the knights, being 100 in all the tribes,
take their places in the Senate. The knights,
having taken their places in the Senate, make the
third region of the same, and the house proceeds to
the senatorian elections. Senatorian elections
are annual, biennial, or emergent.
“The annual are performed by the tropic.
“The tropic is a schedule consisting
of two parts; the first by which the senatorian magistrates
are elected; and the second, by which the senatorian
councils are perpetuated.
“The first part is of this tenor:
The lord strategus,
The lord orator,
The first censor,
The second censor,
“Annual magistrates and therefore
such as may be elected out of any region; the term
of every region having at the tropic one year at the
least unexpired.
The third commissioner
of the seal,
The third commissioner
of the Treasury.
“Triennial magistrates, and
therefore such as can be chosen out of the third region
only, as that alone which has the term of three years
unexpired.
“The strategus and the orator
sitting, are consuls, or presidents of the Senate.
“The strategus marching is general
of the army, in which case a new strategus is to be
elected in his room.
“The strategus sitting with
six commissioners, being councillors of the nation,
are the signory of the commonwealth.”
The censors are magistrates of the
ballot, presidents of the Council for Religion, and
chancellors of the universities.
“The second part of the tropic
perpetuates the Council of State, by the election
of five knights out of the first region of the Senate,
to be the first region of that council consisting
of fifteen knights, five in every region.
“The like is done by the election
of four into the Council of Religion, and four into
the Council of Trade, out of the same region in the
Senate; each of these councils consisting of twelve
knights, four in every region.
“But the Council of War, consisting
of nine knights, three in every region, is elected
by and out of the Council of State, as the other councils
are elected by and out of the Senate. And if the
Senate add a juncta of nine knights more, elected
out of their own number, for the term of three months,
the Council of War, by virtue of that addition, is
Dictator of Oceana for the said term.
“The signory jointly or severally
has right of session and suffrage in every senatorial
council, and to propose either to the Senate, or any
of them. And every region in a council electing
one weekly provost, any two of those provosts have
power also to propose to their respective council,
as the proper and peculiar proposers of the same, for
which cause they hold an academy, where any man, either
by word of mouth or writing, may propose to the proposers.
“Next to the elections of the
tropic is the biennial election of one ambassador-in-ordinary,
by the ballot of the house, to the residence of France;
at which time the resident of France removes to Spain,
he of Spain to Venice, he of Venice to Constantinople,
and he of Constantinople returns. So the orb
of the residents is wheeled about in eight years,
by the biennial election of one ambassador-in-ordinary.
“The last kind of election is
emergent. Emergent elections are made by the
scrutiny. Election by scrutiny is when a competitor,
being made by a council, and brought into the Senate,
the Senate chooses four more competitors to him, and
putting all five to the ballot, he who has most above
half the suffrages is the magistrate. The
polemarchs or field officers are chosen by the scrutiny
of the Council of War; an ambassador-extraordinary
by the scrutiny of the Council of State; the judges
and sergeants-at-law by the scrutiny of the seal; and
the barons and prime officers of the Exchequer, by
the scrutiny of the Treasury..
“The opinion or opinions that
are legitimately proposed to any council must be debated
by the same, and so many as are resolved upon the debate
are introduced into the Senate, where they are debated
and resolved, or rejected by the whole house; that
which is resolved by the Senate is a decree which
is good in matters of state, but no law, except it
be proposed to and resolved by the prerogative.
“The deputies of the galaxy
being three horse and four foot in a tribe, amount
in all the tribes to 150 horse and 200 foot; which,
having entered the prerogative, and chosen their captains,
cornet, and ensign (triennial officers), make the
third class, consisting of one troop and one company;
and so, joining with the whole prerogative, elect four
annual magistrates, called tribunes, whereof two are
of the horse and two of the foot. These have
the command of the prerogative sessions, and suffrage
in the Council of War, and sessions without suffrage
in the Senate.
“The Senate having passed a
decree which they would propose to the people, cause
it to be printed and published, or promulgated for
the space of six weeks, which, being ordered, they
choose their proposers. The proposers must be
magistrates, that is, the commissioners of the seal,
those of the Treasury, or the censors. These being
chosen, desire the muster of the tribunes, and appoint
the day. The people being assembled at the day
appointed, and the decree proposed, that which is
proposed by authority of the Senate, and commanded
by the people, is the law of Oceana, or an act of
Parliament.
“So the Parliament of Oceana
consists of the Senate proposing, and the people resolving.
“The people or prerogative are
also the supreme judicatory of this nation, having
power of hearing and determining all causes of appeal
from all magistrates, or courts provincial or domestic,
as also to question any magistrate, the term of his
magistracy being expired, if the case be introduced
by the tribunes, or any one of them.
“The military orbs consist of
the youth, that is, such as are from eighteen to thirty
years of age; and are created in the following manner:
“Every Wednesday next ensuing
the last of December, the youth of every parish, assembling,
elect the fifth of their number to be their deputies;
the deputies of the youth are called stratiots, and
this is the first essay.
“Every Wednesday next ensuing
the last of January, the stratiots, assembling at
the hundred, elect their captain and their ensign,
and fall to their games and sports.
“Every Wednesday next ensuing
the last of February the stratiots are received by
the lord lieutenant, their commander-in-chief, with
the conductors and the censors; and, having been disciplined
and entertained with other games, are called to the
urns, where they elect the second essay, consisting
of 200 horse and 600 foot in a tribe; that is, of
10,000 horse and 30,000 foot in all the tribes, which
is the standing army of this nation, to march at any
warning. They also elect at the same time a part
of the third essay, by the mixture of balls marked
with the letter M and the letter P, for Marpesia and
Panopea; they of either mark being ten horse and fifty
foot in a tribe, that is, 500 horse and 2,500 foot
in all the tribes, which are forthwith to march to
their respective provinces.
“But the third essay of this
nation more properly so called, is when the strategus
with the polemarchs (the Senate and the people or the
Dictator having decreed a war) receive in return of
his warrants the second essay from the hands of the
conductors at the rendezvous of Oceana; which army,
marching with all accommodations provided by the Council
of War, the Senate elects a new strategus, and the
lords-lieutenant a new second essay.
“A youth, except he be an only
son, refusing any one of his three essays, without
sufficient cause shown to the phylarch or the censors,
is incapable of magistracy, and is fined a fifth part
of his yearly rent, or of his estate, for protection.
In case of invasion the elders are obliged to like
duty with the youth, and upon their own charge.
“The provincial orb consisting
in part of the elders, and in part of the youth, is
thus created:
“Four knights out of the first
region falling, are elected in the Senate to be the
first region of the provincial orb of Marpesia; these,
being triennial magistrates, take their places in
the provincial council, consisting of twelve knights,
four in every region, each region choosing their weekly
provosts of the council thus constituted. One
knight more, chosen out of the same region in the
Senate, being an annual magistrate, is president,
with power to propose; and the opinions proposed by
the president, or any two of the provosts, are debated
by the council, and, if there be occasion of further
power or instruction than they yet have, transmitted
to the Council of State, with which the provincial
is to hold intelligence.
“The president of this council
is also strategus or general of the provincial army;
wherefore the conductors, upon notice of his election,
and appointment of his rendezvous, deliver to him the
stratiots of his letter, which he takes with him into
his province; and the provincial army having received
the new strategus with the third class, the council
dismisses the old strategus with the first class.
The like is done for Panopea, or any other province.
“But whereas the term of every
other magistracy or election in this commonwealth,
whether annual or triennial, requires an equal vacation,
the term of a provincial councillor or magistrate requires
no vacation at all. The quorum of a provincial,
as also that of every other council and assembly,
requires two-thirds in a time of health, and one-third
in a time of sickness.
“I think I have omitted nothing
but the props and scaffolds, which are not of use
but in building. And how much is here? Show
me another commonwealth in this compass? how many
things? Show me another entire government consisting
but of thirty orders. If you now go to law with
anybody, there lie to some of our courts 200 original
writs: if you stir your hand, there go more nerves
and bones to that motion; if you play, you have more
cards in the pack; nay, you could not sit with your
ease in that chair, if it consisted not of more parts.
Will you not then allow to your legislator, what you
can afford your upholsterer, or to the throne, what
is necessary to a chair?
“My lords, if you will have
fewer orders in a commonwealth, you will have more;
for where she is not perfect at first, every day, every
hour will produce a new order, the end whereof is
to have no order at all, but to grind with the clack
of some demagogue. Is he providing already for
his golden thumb? Lift up your heads; away with
ambition, that fulsome complexion of a statesman,
tempered, like Sylla’s, with blood and muck.
’And the Lord give to his senators wisdom; and
make our faces to shine, that we may be a light to
them that sit in darkness and the shadow of death,
to guide their feet in the way of peace.’ In
the name of God, what’s the matter?”
Philadelphus, the secretary of the
council, having performed his task in reading the
several orders as you have seen, upon the receipt of
a packet from his correspondent Boccalini, secretary
of Parnassus, in reading one of the letters, burst
forth into such a violent passion of weeping and downright
howling, that the legislators, being startled with
the apprehension of some horrid news, one of them had
no sooner snatched the letter out of his hand, than
the rest crying, “Read, read,” he obeyed
in this manner:
“The 3d instant his Phoebean
majesty having taken the nature of free states into
his royal consideration, and being steadily persuaded
that the laws in such governments are incomparably
better and more surely directed to the good of mankind
than in any other; that the courage of such a people
is the aptest tinder to noble fire; that the genius
of such a soil is that wherein the roots of good literature
are least worm-eaten with pedantism, and where their
fruits have ever come to the greatest maturity and
highest relish, conceived such a loathing of their
ambition and tyranny, who, usurping the liberty of
their native countries, become slaves to themselves,
inasmuch as (be it never so contrary to their own
nature or consciences) they have taken the earnest
of sin, and are engaged to persecute all men that are
good with the same or greater rigor than is ordained
by laws for the wicked, for none ever administered
that power by good which he purchased by ill arts Phoebus,
I say, having considered this, assembled all the senators
residing in the learned court at the theatre of Melpomene,
where he caused Cæsar the Dictator to come upon the
stage, and his sister Actia, his nephew Augustus,
Julia his daughter, with the children which she had
by Marcus Agrippa, Lucius and Caius Caesars, Agrippa
Posthumus, Julia, and Agrippina, with the numerous
progeny which she bore to her renowned husband Germanicus,
to enter. A miserable scene in any, but most
deplorable in the eyes of Cæsar, thus beholding what
havoc his prodigious ambition, not satisfied with
his own bloody ghost, had made upon his more innocent
remains, even to the total extinction of his family.
For it is (seeing where there is any humanity, there
must be some compassion) not to be spoken without
tears, that of the full branches deriving from Octavia
the eldest sister, and Julia the daughter of Augustus,
there should not be one fruit or blossom that was not
cut off or blasted by the sword, famine, or poison.
“Now might the great soul of
Cæsar have been full; and yet that which poured in
as much or more was to behold that execrable race of
the Claudii, having hunted and sucked his blood, with
the thirst of tigers, to be rewarded with the Roman
Empire, and remain in full possession of that famous
patrimony: a spectacle to pollute the light of
heaven! Nevertheless, as if Cæsar had not yet
enough, his Phoeban majesty caused to be introduced
on the other side of the theatre, the most illustrious
and happy prince Andrea Doria, with his dear posterity,
embraced by the soft and constant arms of the city
of Genoa, into whose bosom, ever fruitful in her gratitude,
he had dropped her fair liberty like the dew of heaven,
which, when the Roman tyrant beheld, and how much
more fresh that laurel was worn with a firm root in
the hearts of the people than that which he had torn
off, he fell into such a horrid distortion of limbs
and countenance, that the senators, who had thought
themselves steel and flint at such an object, having
hitherto stood in their reverend snow-like thawing
Alps, now covered their faces with their large sleeves.”
“My lords,” said the Archon,
rising, “witty Philadelphus has given us grave
admonition in dreadful tragedy. Discite justitiam
moniti, et non temnere divos.
Great and glorious Cæsar the highest character of
flesh, yet could not rule but by that part of man
which is the beast; but a commonwealth is a monarchy;
to her God is king, inasmuch as reason, his dictate,
is her sovereign power.” Which said, he
adjourned the Council. And the model was soon
after promulgated. Quod bonum, foelix,
faustumque sit huic reipublicoe. Agite quirites,
censuere pâtres, jubeat populus. (The
sea roared, and the floods clapped their hands.)
Libertas
The Proclamation of his Highness the
Lord Archon of Oceana upon Promulgation of the Model,
“Whereas his Highness and the
Council, in the framing of the model promulgated,
have not had any private interest or ambition but the
fear of God and the good of this people before their
eyes; and it remains their desire that this great
work may be carried on accordingly. This present
greeting is to inform the good people of this land,
that as the Council of Prytans sat during the framing
of the model, to receive from time to time such propositions
as should be offered by any wise-hearted or public-spirited
man, toward the institution of a well-ordered commonwealth,
so the said Council is to sit as formerly in the great
hall of the Pantheon during promulgation (which is
to continue for the space of three months) to receive,
weigh, and, as there shall be occasion, transmit to
the Council of Legislators, all such objections as
shall be made against the said model, whether in the
whole or in any part. Wherefore that nothing
be done rashly or without the consent of the people,
such, of what party soever, with whom there may remain
any doubts or difficulties, are desired with all convenient
speed to address themselves to the said prytans; where,
if such objections, doubts, or difficulties receive
solution to the satisfaction of the auditory, they
shall have public thanks, but if the said objections,
doubts, or difficulties receive no solution to the
satisfaction of the auditory, then the model promulgated
shall be reviewed, and the party that was the occasion
of the review, shall receive public thanks, together
with the best horse in his Highness’s stable,
and be one of the Council of Legislators. And
so God have you in his keeping.”
I should now write the same Council
of the Prytans, but for two reasons: the one,
that having had but a small time for that which is
already done, I am over-labored; the other, that there
may be new objections. Wherefore, if my reader
has any such as to the model, I entreat him to address
himself by way of oration, as it were, to the prytans,
that when this rough draught comes to be a work, his
speech being faithfully inserted in this place, may
give or receive correction to amendment; for what
is written will be weighed. But conversation,
in these days, is a game at which they are best provided
that have light gold; it is like the sport of women
that make flowers of straws, which must be stuck up
but may not be touched. Nor, which is worse, is
this the fault of conversation only: but to the
examiner I say if to invent method and teach an art
be all one, let him show that this method is not truly
invented, or this art is faithfully taught.
I cannot conclude a circle (and such
is this commonwealth) without turning the end into
the beginning. The time of promulgation being
expired, the surveyors were sent down, who having in
due season made report that their work was perfect,
the orators followed, under the administration of
which officers and magistrates the commonwealth was
ratified and established by the whole body of the people,
in their parochial, hundred, and county assemblies.
And the orators being, by virtue of their scrolls
or lots, members of their respective tribes, were
elected each the first knight of the third list, or
galaxy; wherefore, having at their return assisted
the Archon in putting the Senate and the people or
prerogative into motion, they abdicated the magistracy
both of orators and legislators.