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 £300,000 or £400,000: 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 suffetes 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 £100 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,
“DICTATOR OCEANAE.”
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 Caesar, 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; £2,000 to one, £3,000 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.’