“The advice of Appius was abhorred by many; and to introduce a general

recision of debts with Largius, was to violate all faith; that of

Virginius, as the most moderate, would have passed best, but that

there were private interests, that constant bane of the public, which

withstood it. So they concluded with Appius, who also had been dictator,

if the Consuls and some of the graver sort had not thought it altogether

unseasonable, at a time when the Volsci and the Sabines were up again,

to venture so far upon alienation of the people: for which cause

Valerius, being descended from the Publicolas, the most popular family,

as also in his own person of a mild nature, was rather trusted with so

rigid a magistracy. Whence it happened that the people, though they knew

well enough against whom the Dictator was created, feared nothing from

Valerius; but upon a new promise made to the same effect with that of

Servilius, hoped better another time, and throwing away all disputes,

gave their names roundly, went out, and, to be brief, came home again

as victorious as in the former action, the Dictator entering the city in

triumph. Nevertheless, when he came to press the Senate to make good his

promise, and do something for the ease of the people, they regarded him

no more as to that point than they had done Servilius. Whereupon the

Dictator, in disdain to be made a stale, abdicated his magistracy, and

went home. Here, then, was a victorious army without a captain, and a

Senate pulling it by the beard in their gowns. What is it (if you have

read the story, for there is not such another) that must follow? Can

any man imagine that such only should be the opportunity upon which this

people could run away?

“Alas, poor men, the AEqui and the Volsci and the Sabines were nothing,

but the fathers invincible! There they sat, some 300 of them armed all

in robes, and thundering with their tongues, without any hopes in

the earth to reduce them to any tolerable conditions. Wherefore, not

thinking it convenient to abide long so near them, away marches the

army, and encamps in the fields. This retreat of the people is called

the secession of Mount Aventin, where they lodged, very sad at their

condition, but not letting fall so much as a word of murmur against the

fathers. The Senate by this time were great lords, had the whole city to

themselves; but certain neighbors were upon the way that might come to

speak with them, not asking leave of the porter. Wherefore their minds

became troubled, and an orator was posted to the people to make as good

conditions with them as he could; but, whatever the terms were, to bring

them home, and with all speed. And here it was covenanted between the

Senate and the people, that these should have magistrates of their own

election, called the tribunes, upon which they returned.

“To hold you no longer, the Senate having done this upon necessity, made

frequent attempts to retract it again, while the tribunes, on the other

side, to defend what they had got, instituted their Tributa Comitia,

or council of the people; where they came in time, and, as disputes

increased, to make laws without the authority of the Senate, called

plebiscita. Now to conclude in the point at which I drive: such were the

steps whereby the people of Rome came to assume debate, nor is it in art

or nature to debar a people of the like effect, where there is the like

cause. For Romulus, having in the election of his Senate squared out a

nobility for the support of a throne, by making that of the patricians

a distinct and hereditary order, planted the commonwealth upon two

contrary interests or roots, which, shooting forth, in time produced two

commonwealths, the one oligarchical in the nobility, the other a mere

anarchy of the people, and ever after caused a perpetual feud and enmity

between the Senate and the people, even to death.

“There is not a more noble or useful question in the politics than that

which is started by Machiavel, whether means were to be found whereby

the enmity that was between the Senate and the people of Rome could

have been removed? Nor is there any other in which we, on the present

occasion, are so much concerned, particularly in relation to this

author; forasmuch as his judgment in the determination of the question

standing, our commonwealth falls. And he that will erect a commonwealth

against the judgment of Machiavel, is obliged to give such reasons

for his enterprise as must not go a-begging. Wherefore to repeat the

politician very honestly, but somewhat more briefly, he disputes thus:

“‘There be two sorts of commonwealths, the one for preservation, as

Lacedaemon and Venice; the other for increase, as Rome.

“‘Lacedaemon, being governed by a King and a small Senate, could

maintain itself a long time in that condition, because the inhabitants,

being few, having put a bar upon the reception of strangers, and living

in a strict observation of the laws of Lycurgus, which now had got

reputation, and taken away all occasion of tumults, might well continue

long in tranquillity. For the laws of Lycurgus introduced a greater

equality in estates, and a less equality in honors, whence there was

equal poverty; and the plebeians were less ambitious, because the honors

or magistracies of the city could extend but to a few and were not

communicable to the people, nor did the nobility by using them ill ever

give them a desire to participate of the same. This proceeded from the

kings, whose principality, being placed in the midst of the nobility,

had no greater means whereby to support itself than to shield the people

from all injury; whence the people, not fearing empire, desired it not;

and so all occasion of enmity between the Senate and the people was

taken away. But this union happened especially from two causes: the one

that the inhabitants of Lacedaemon being few, could be governed by the

few; the other, that, not receiving strangers into their commonwealth,

they did not corrupt it, nor increase it to such a proportion as was not

governable by the few.

“‘Venice has not divided with her plebeians, but all are called

gentlemen that be in administration of the government; for which

government she is more beholden to chance than the wisdom of her

law-makers; for many retiring to those islands, where that city is now

built, from the inundations of barbarians that overwhelmed the Roman

Empire, when they were increased to such a number that to live together

it was necessary to have laws, they ordained a form of government,

whereby assembling often in council upon affairs, and finding their

number sufficient for government, they put a bar upon all such as

repairing afterward to their city should become inhabitants, excluding

them from participation of power. Whence they that were included in the

administration had right, and they that were excluded, coming afterward,

and being received upon no other conditions to be inhabitants, had no

wrong, and therefore had no occasion, nor (being never trusted with

arms) any means to be tumultuous. Wherefore this commonwealth might very

well maintain itself in tranquillity.

“‘These things considered, it is plain that the Roman legislators, to

have introduced a quiet state, must have done one of these two things:

either shut out strangers, as the Lacedemonians; or, as the Venetians,

not allowed the people to bear arms. But they did neither. By which

means the people, having power and increase, were in perpetual tumult.

Nor is this to be helped in a commonwealth for increase, seeing if Rome

had cut off the occasion of her tumults, she must have cut off the means

of her increase, and by consequence of her greatness.

“‘Wherefore let a legislator consider with himself whether he would make

his commonwealth for preservation, in which case she may be free from

tumults; or for increase, in which case she must be infested with them.

“‘If he makes her for preservation, she may be quiet at home, but will

be in danger abroad. First, because her foundation must be narrow,

and therefore weak, as that of Lacedaemon, which lay but upon 30,000

citizens; or that of Venice, which lies but upon 3,000. Secondly, such

a commonwealth must either be in peace, or war; if she be in peace,

the few are soonest effeminated and corrupted and so obnoxious also to

faction. If in war, succeeding ill, she is an easy prey; or succeeding

well, ruined by increase: a weight which her foundation is not able to

bear. For Lacedaemon, when she had made herself mistress upon the matter

of all Greece, through a slight accident, the rebellion of Thebes,

occasioned by the conspiracy of Pelopidas discovering this infirmity of

her nature, the rest of her conquered cities immediately fell off, and

in the turn as it were of a hand reduced her from the fullest tide to

the lowest ebb of her fortune. And Venice having possessed herself of a

great part of Italy by her purse, was no sooner in defence of it put to

the trial of arms than she lost all in one battle.

“‘Whence I conclude that in the ordination of a commonwealth a

legislator is to think upon that which is most honorable, and, laying

aside models for preservation, to follow the example of Rome conniving

at, and temporizing with, the enmity between the Senate and the people,

as a necessary step to the Roman greatness. For that any man should

find out a balance that may take in the conveniences and shut out the

inconveniences of both, I do not think it possible.’ These are the words

of the author, though the method be somewhat altered, to the end that I

may the better turn them to my purpose.

“My lords, I do not know how you hearken to this sound; but to hear

the greatest artist in the modern world giving sentence against our

commonwealth is that with which I am nearly concerned. Wherefore, with

all honor due to the prince of politicians, let us examine his reasoning

with the same liberty which he has asserted to be the right of a free

people. But we shall never come up to him, except by taking the business

a little lower, we descend from effects to their causes. The causes of

commotion in a commonwealth are either external or internal. External

are from enemies, from subjects, or from servants. To dispute then what

was the cause why Rome was infested by the Italian, or by the servile

wars; why the slaves took the capitol; why the Lacedaemonians were near

as frequently troubled with their helots as Rome with all those; or why

Venice, whose situation is not trusted to the faith of men, has as good

or better quarter with them whom she governs, than Rome had with the

Latins; were to dispute upon external causes. The question put by

Machiavel is of internal causes; whether the enmity that Was between the

Senate and the people of Rome might have been removed. And to determine

otherwise of this question than he does, I must lay down other

principles than he has done. To which end I affirm that a commonwealth,

internally considered, is either equal or unequal. A commonwealth that

is internally equal, has no internal cause of commotion, and therefore

can have no such effect but from without. A commonwealth internally

unequal has no internal cause of quiet, and therefore can have no such

effect but by diversion.

“To prove my assertions, I shall at this time make use of no other

than his examples. Lacedaemon was externally unquiet, because she was

externally unequal, that is as to her helots; and she was internally at

rest, because she was equal in herself, both in root and branch; in the

root by her agrarian, and in branch by the Senate, inasmuch as no man

was thereto qualified but by election of the people. Which institution

of Lycurgus is mentioned by Aristotle, where he says that rendering his

citizens emulous (not careless) of that honor, he assigned to the people

the election of the Senate. Wherefore Machiavel in this, as in other

places, having his eye upon the division of patrician and plebeian

families as they were in Rome, has quite mistaken the orders of this

commonwealth, where there was no such thing. Nor did the quiet of it

derive from the power of the kings, who were so far from shielding the

people from the injury of the nobility, of which there was none in

his sense but the Senate, that one declared end of the Senate at the

institution was to shield the people from the kings, who from that time

had but single votes. Neither did it proceed from the straitness of the

Senate, or their keeping the people excluded from the government, that

they were quiet, but from the equality of their administration, seeing

the Senate (as is plain by the oracle, their fundamental law) had no

more than the debate, and the result of the commonwealth belonged to the

people.

“Wherefore when Theopompus and Polydorus, Kings of Lacedaemon, would

have kept the people excluded from the government by adding to the

ancient law this clause, ‘If the determination of the people be faulty,

it shall be lawful for the Senate to resume the debate,’ the people

immediately became unquiet, and resumed that debate, which ended not

till they had set up their ephors, and caused that magistracy to be

confirmed by their kings.” For when Theopompus first ordained that

the ephori or overseers should be created at Lacedaemon, to be such a

restraint upon the kings there as the tribunes were upon the consuls at

Rome, the Queen complained to him, that by this means he transmitted

the royal authority greatly diminished to his children: “I leave indeed

less,” answered he, “but more lasting.” And this was excellently said;

for that power only is safe which is limited from doing hurt. Theopompus

therefore, by confining the kingly power within the bounds of the laws,

did recommend it by so much to the people’s affection as he removed it

from being arbitrary.’ By which it may appear that a commonwealth for

preservation, if she comes to be unequal, is as obnoxious to enmity

between the Senate and the people as a commonwealth for increase; and

that the tranquillity of Lacedaemon was derived from no other cause than

her equality.

“For Venice, to say that she is quiet because she disarms her subjects,

is to forget that Lacedaemon disarmed her helots, and yet could not in

their regard be quiet; wherefore if Venice be defended from external

causes of commotion, it is first through her situation, in which respect

her subjects have no hope (and this indeed may be attributed to her

fortune); and, secondly, through her exquisite justice, whence they have

no will to invade her. But this can be attributed to no other cause than

her prudence, which will appear to be greater, as we look nearer; for

the effects that proceed from fortune, if there be any such thing, are

like their cause, inconstant. But there never happened to any other

commonwealth so undisturbed and constant a tranquillity and peace in

herself as are in that of Venice; wherefore this must proceed from some

other cause than chance. And we see that as she is of all others the

most quiet, so the most equal commonwealth. Her body consists of one

order, and her Senate is like a rolling stone, as was said, which never

did, nor, while it continues upon that rotation, never shall gather the

moss of a divided or ambitious interest, much less such a one as that

which grasped the people of Rome in the talons of their own eagles. And

if Machiavel, averse from doing this commonwealth right, had considered

her orders, as his reader shall easily perceive he never did, he must

have been so far from attributing the prudence of them to chance, that

he would have touched up his admirable work to that perfection which,

as to the civil part, has no pattern in the universal world but this of

Venice.

“Rome, secure by her potent and victorious arms from all external causes

of commotion, was either beholden for her peace at home to her enemies

abroad, or could never rest her head. My lords, you that are parents

of a commonwealth, and so freer agents than such as are merely natural,

have a care. For, as no man shall show me a commonwealth born straight

that ever became crooked, so no man shall show me a commonwealth born

crooked that ever became straight. Rome was crooked in her birth, or

rather prodigious. Her twins, the patrician and plebeian orders, came,

as was shown by the foregoing story, into the world, one body but two

heads, or rather two bellies; for, notwithstanding the fable out of

AEsop, whereby Menenius Agrippa, the orator that was sent from the

Senate to the people at Mount Aventin, showed the fathers to be the

belly, and the people to be the arms and the legs (which except that,

how slothful soever it might seem, they were nourished, not these only,

but the whole body must languish and be dissolved), it is plain that the

fathers were a distinct belly, such a one as took the meat indeed out of

the people’s mouths, but abhorring the agrarian, returned it not in

the due and necessary nutrition of a commonwealth. Nevertheless, as the

people that live about the cataracts of Nilus are said not to hear the

noise, so neither the Roman writers, nor Machiavel the most conversant

with them, seem among so many of the tribunitian storms to hear their

natural voice; for though they could not miss of it so far as to

attribute them to the strife of the people for participation in

magistracy, or, in which Machiavel more particularly joins, to that

about the agrarian, this was to take the business short, and the remedy

for the disease.

“A people, when they are reduced to misery and despair, become their

own politicians, as certain beasts, when they are sick, become their own

physicians, and are carried by a natural instinct to the desire of such

herbs as are their proper cure; but the people, for the greater part,

are beneath the beasts in the use of them. Thus the people of Rome,

though in their misery they had recourse by instinct, as it were, to the

two main fundamentals of a commonwealth, participation of magistracy and

the agrarian, did but taste and spit at them, not (which is necessary in

physic) drink down the potion, and in that their healths. For when they

had obtained participation of magistracy it was but lamely, not to a

full and equal rotation in all elections; nor did they greatly regard it

in what they had got. And when they had attained to the agrarian, they

neglected it so far as to suffer the law to grow obsolete; but if you do

not take the due dose of your medicines (as there be slight tastes which

a man may have of philosophy that incline to atheism) it may chance to

be poison, there being a like taste of the politics that inclines to

confusion, as appears in the institution of the Roman tribunes, by which

magistracy and no more the people were so far from attaining to peace,

that they in getting but so much, got but heads for an eternal feud;

whereas if they had attained in perfection either to the agrarian, they

had introduced the equality and calm of Lacedaemon, or to rotation, and

they had introduced that of Venice: and so there could have been no more

enmity between the Senate and the people of Rome than there was between

those orders in Lacedaemon, or is now in Venice. Wherefore Machiavel

seems to me, in attributing the peace of Venice more to her luck than

her prudence, of the whole stable to have saddled the wrong horse;

for though Rome in her military part could beat it better, beyond

all comparison, upon the sounding hoof, Venice for the civil part has

plainly had the wings of Pegasus.

“The whole question then will come upon this point, whether the people

of Rome could have obtained these orders? And first, to say that they

could not have obtained them without altering the commonwealth, is no

argument; seeing neither could they, without altering the commonwealth,

have obtained their tribunes, which nevertheless were obtained. And if

a man considers the posture that the people were in when they obtained

their tribunes, they might as well, and with as great ease (forasmuch

as the reason why the nobility yielded to the tribunes was no other

than that there was no remedy) have obtained anything else. And for

experience, it was in the like case that the Lacedaemonians did set up

their ephors, and the Athenians, after the battle of Plataea, bowed the

Senate (so hard a thing it is for a commonwealth that was born crooked

to become straight) as much the other way. Nor, if it be objected

that this must have ruined the nobility (and in that deprived the

commonwealth of the greatness which she acquired by them), is this

opinion holding, but confuted by the sequel of the story, showing

plainly that the nobility, through the defect of such orders (that is

to say, of rotation and the agrarian), came to eat up the people; and

battening themselves in luxury, to be, as Sallust speaks of them, ‘a

most sluggish and lazy nobility, in whom, besides the name, there was no

more than in a statue;’ and to bring so mighty a commonwealth, and of so

huge a glory, to so deplorable an end. Wherefore means might have been

found to remove the enmity that was between the Senate and the people of

Rome.

“My lords, if I have argued well, I have given you the comfort and

assurance that, notwithstanding the judgment of Machiavel, your

commonwealth is both safe and sound; but if I have not argued well, then

take the comfort and assurance which he gives you while he is firm, that

a legislator is to lay aside all other examples, and follow that of Rome

only, conniving and temporizing with the enmity between the Senate and

the people as a necessary step to the Roman greatness. Whence it follows

that your commonwealth, at the worst, is that which he has given you his

word is the best.

“I have held your lordships long, but upon an account of no small

importance, which I can now sum up in these few words: where there is a

liquorishness in a popular assembly to debate, it proceeds not from

the constitution of the people, but of the commonwealth. Now that your

commonwealth is of such a constitution as is naturally free from this

kind of intemperance, is that which, to make good, I must divide the

remainder of my discourse into two parts:

“The first, showing the several constitutions of the assemblies of the

people in other commonwealths;

“The second, comparing our assembly of the people with theirs; and

showing how it excludes the inconveniences and embraces the conveniences

of them all.

“In the beginning of the first part I must take notice, that among

the popular errors of our days it is no small one that men imagine the

ancient governments of this kind to have consisted for the most part

of one city that is, of one town; whereas by what we have learned of my

‘lords that owned them, it appears that there was not any considerable

one of such a Constitution but Carthage, till this in our days of

Venice.

“For to begin with Israel, it consisted of the twelve tribes, locally

spread or quartered throughout the whole territory, and these being

called together by trumpets, constituted the Church or assembly of

the people. The vastness of this weight, as also the slowness thence

unavoidable, became a great cause (as has been shown at large by my Lord

Phosphorus) of the breaking that commonwealth; notwithstanding that

the Temple, and those religious ceremonies for which the people were at

least annually obliged to repair thither, were no small ligament of the

tribes, otherwise but slightly tacked together.

“Athens consisted of four tribes, taking in the whole people, both of

the city and of the territory; not so gathered by Theseus into one

town, as to exclude the country, but to the end that there might be some

capital of the commonwealth: though true it be, that the congregation,

consisting of the inhabitants within the walls, was sufficient to all

intents and purposes, without those of the country. These also being

exceeding numerous, became burdensome to themselves and dangerous to

the commonwealth; the more for their ill-education, as is observed by

Xenophon and Polybius, who compare them to mariners that in a calm are

perpetually disputing and swaggering one with another, and never lay

their hands to the common tackling or safety till they be all endangered

by some storm. Which caused Thucydides, when he saw this people through

the purchase of their misery become so much wiser as to reduce their

Comitia or assemblies to 5,000, to say in his eighth book: ‘And now, at

least in my time, the Athenians seem to have ordered their State aright,

consisting of a moderate tempor both of the few (by which he means the

Senate of the Bean) and of the many,’ or the 5,000. And he does not only

give you his judgment, but the best proof of it; for ‘this,’ says he,

‘was the first thing that, after so many misfortunes past, made the city

again to raise her head.’ The place I would desire your lordships to

note, as the first example that I find, or think is to be found, of a

popular assembly by way of representative.

“Lacedaemon consisted of 30,000 citizens dispersed throughout Laconia,

one of the greatest provinces in all Greece, and divided, as by some

authors is probable, into six tribes. Of the whole body of these,

being gathered, consisted the great Church or assembly, which had the

legislative power; the little church, gathered sometimes for matters of

concern within the city, consisted of the Spartans only. These happened,

like that of Venice, to be good constitutions of a congregation, but

from an ill-cause the infirmity of a commonwealth, which through her

paucity was oligarchical.

“Wherefore, go which way you will, it should seem that without a

representative of the people, your commonwealth, consisting of a whole

nation, can never avoid falling either into oligarchy or confusion.

“This was seen by the Romans, whose rustic tribes, extending themselves

from the river Arno to the Vulturnus, that is, from Fesulae or Florence

to Capua, invented a way of representative by lots: the tribe upon which

the first fell being the prerogative, and some two or three more

that had the rest, the jure vocatoe. These gave the suffrage of the

commonwealth in two meetings; the prerogative at the first assembly, and

the jure vocatoe at a second.

“Now to make the parallel: all the inconveniences that you have observed

in these assemblies are shut out, and all the conveniences taken into

your prerogative. For first, it is that for which Athens, shaking

off the blame of Xenophon and Polybius, came to deserve the praise of

Thucydides, a representative. And, secondly, not, as I suspect in

that of Athens, and is past suspicion in this of Rome, by lot, but by

suffrage, as was also the late House of Commons, by which means in your

prerogatives all the tribes of Oceana are jure vocatoe; and if a man

shall except against the paucity of the standing number, it is a wheel,

which in the revolution of a few years turns every hand that is fit,

or fits every hand that it turns to the public work. Moreover, I am

deceived if, upon due consideration, it does not fetch your tribes, with

greater equality and ease to themselves and to the government, from the

frontiers of Marpesia, than Rome ever brought any one of hers out of her

pomoeria, or the nearest parts of her adjoining territories. To this you

may add, that whereas a commonwealth, which in regard of the people is

not of facility in execution, were sure enough in this nation to be

cast off through impatience; your musters and galaxies are given to the

people, as milk to babes, whereby when they are brought up through four

days’ election in a whole year (one at the parish, one at the hundred,

and two at the tribe) to their strongest meat, it is of no harder

digestion than to give their negative or affirmative as they see cause.

There be gallant men among us that laugh at such an appeal or umpire;

but I refer it whether you be more inclining to pardon them or me, who I

confess have been this day laughing at a sober man, but without meaning

him any harm, and that is Petrus Cunaeus, where speaking of the nature

of the people, he says, ‘that taking them apart, they are very simple,

but yet in their assemblies they see and know something, and so runs

away without troubling himself with what that something is. Whereas the

people, taken apart, are but so many private interests; but if you take

them together, they are the public interest.

“The public interest of a commonwealth, as has been shown, is nearest

that of mankind, and that of mankind is right reason; but with

aristocracy (whose reason or interest, when they are all together,

as appeared by the patricians, is but that of a party) it is quite

contrary: for as, taken apart, they are far wiser than the people

considered in that manner, so, being put together, they are such fools,

who by deposing the people, as did those of Rome, will saw off the

branch whereupon they sit, or rather destroy the root of their own

greatness. Wherefore Machiavel, following Aristotle, and yet going

before him, may well assert, ‘that the people are wiser and more

constant in their resolutions than a prince:’ which is the prerogative

of popular government for wisdom. And hence it is that the prerogative

of your commonwealth, as for wisdom so for power, is in the people,

which (though I am not ignorant that the Roman prerogative was so

called a proerogando, because their suffrage was first asked) gives the

denomination to your prerogative tribe.”

The elections, whether annual or triennial, being shown by the

twenty-second, that which comes in the next place to be considered is--

The twenty-third order, “Showing the power, function, and manner of

proceeding of the prerogative tribe.

“The power or function of the prerogative is of two parts: the one of

result, in which it is the legislative, power, the other of judicature,

in which regard it is the highest court, and the last appeal in this

commonwealth.

“For the former part (the people by this constitution being not obliged

by any law that is not of their own making or confirmation, by the

result of the prerogative, their equal representative) it shall not be

lawful for the Senate to require obedience from the people, nor for the

people to give obedience to the Senate in or by any law that has not

been promulgated, or printed and published for the space of six weeks,

and afterward proposed by the authority of the Senate to the prerogative

tribe, and resolved by the major vote of the same in the affirmative.

Nor shall the Senate have any power to levy war, men, or money,

otherwise than by the consent of the people so given, or by a law so

enacted, except in cases of exigence, in which it is agreed that the

power, both of the Senate and the people, shall be in the dictator

so qualified, and for such a term of time, as is according to that

constitution already prescribed. While a law is in promulgation, the

censors shall animadvert upon the Senate, and the tribunes upon the

people, that there be no laying of heads together, no conventicles or

canvassing to carry on or oppose anything; but that all may be done in a

free and open way.

“For the latter part of the power of the prerogative, or that whereby

they are the supreme judicatory of this nation, and of the provinces of

the same, the cognizances of crimes against the majesty of the people,

such as high treason, as also of peculation, that is, robbery of the

treasury, or defraudation of the commonwealth, appertains to this tribe.

And if any person or persons, provincials or citizens, shall appeal to

the people, it belongs to the prerogative to judge and determine the

case; provided that if the appeal be from any court of justice in this

nation or the provinces, the appellant shall first deposit £100 in the

court from which he appeals, to be forfeited to the same if he be cast

in his suit by the people. But the power of the Council of War being the

expedition of this commonwealth, and the martial law of the strategus

in the field, are those only from which there shall lie no appeal to the

people.

“The proceeding of the prerogative in case of a proposition is to be

thus ordered: The magistrates, proposing by authority of the Senate,

shall rehearse the whole matter, and expound it to the people; which

done, they shall put the whole together to the suffrage, with three

boxes, the negative, the affirmative, and the non-sincere; and the

suffrage being returned to the tribunes, and numbered in the presence

of the proposers. If the major vote be in the non-sincere, the proposer

shall desist, and the Senate shall resume the debate. If the major vote

be in the negative, the proposers shall desist, and the Senate, too. But

if the major vote be in the affirmative, then the tribe is clear and the

proposers shall begin and put the whole matter, with the negative

and the affirmative (leaving out the non-sincere) by clauses; and the

suffrages being taken and numbered by the tribunes in the presence of

the proposers, shall be written and reported by the tribunes of the

Senate. And that which is proposed by the authority of the Senate, and

confirmed by the command of the people, is the law of Oceana.

“The proceeding of the prerogative in a case of judicature is to be thus

ordered: The tribunes being auditors of all causes appertaining to

the cognizance of the people, shall have notice of the suit or trial,

whether of appeal or otherwise, that is to be commenced; and if any one

of them shall accept of the same, it appertains to him to introduce it.

A cause being introduced, and the people mustered or assembled for the

decision of the same, the tribunes are presidents of the court, having

power to keep it to orders, and shall be seated upon a scaffold erected

in the middle of the tribe. Upon the right hand shall stand a seat or

large pulpit assigned to the plaintiff or the accuser; and, upon the

left, another for the defendant, each if they please with his counsel.

And the tribunes (being attended upon such occasions with so many

ballotins, secretaries, doorkeepers, and messengers of the Senate as

shall be requisite) one of them shall turn up a glass of the nature

of an hour-glass, but such a one as is to be of an hour and a half’s

running; which being turned up, the party or counsel on the right hand

may begin to speak to the people. If there be papers to be read, or

witnesses to be examined, the officer shall lay the glass sideways

till the papers be read and the witnesses examined, and then turn it up

again; and so long as the glass is running, the party on the right hand

has liberty to speak, and no longer. The party on the right hand having

had his time, the like shall be done in every respect for the party on

the left. And the cause being thus heard, the tribunes shall put

the question to the tribe with a white, a black, and a red box (or

non-sincere), whether guilty or not guilty. And if the suffrage being

taken, the major vote be in the non-sincere, the cause shall be reheard

upon the next juridicial day following, and put to the question in the

same manner. If the major vote comes the second time in the non-sincere,

the cause shall be heard again upon the third day; but at the third

hearing the question shall be put without the non-sincere. Upon the

first of the three days in which the major vote comes in the white box,

the party accused is absolved; and upon the first of them in which

it comes in the black box, the party accused is condemned. The party

accused being condemned, the tribunes (if the case be criminal) shall

put with the white and the black box these questions, or such of them

as, regard had to the case, they shall conceive most proper:

1. Whether he shall have a writ of ease;

2. Whether he shall be fined so much or so much;

3. Whether he shall be confiscated;

4. Whether he shall be rendered incapable of magistracy;

5. Whether he shall be banished;

6. Whether he shall be put to death.

“These, or any three of these questions, whether simple or such as shall

be thought fitly mixed, being put by the tribunes, that which has most

above half the votes in the black box is the sentence of the people,

which the troop of the third class is to see executed accordingly.

“But whereas by the constitution of this commonwealth it may appear that

neither the propositions of the Senate nor the judicature of the people

will be so frequent as to hold the prerogative in continual employment,

the Senate, a main part of whose office it is to teach and instruct

the people, shall duly (if they have no greater affairs to divert

them) cause an oration to be made to the prerogative by some knight or

magistrate of the Senate, to be chosen out of the ablest men, and from

time to time appointed by the orator of the house, in the great hall of

the Pantheon, while the Parliament resides in the town, or in some grove

or sweet place in the field, while the Parliament for the heat of

the year shall reside in the country, upon every Tuesday, morning or

afternoon.

“And the orator appointed for the time to this office shall first repeat

the orders of the commonwealth with all possible brevity; and then,

making choice of one or some part of it, discourse thereof to the

people. An oration or discourse of this nature, being afterward

perused by the Council of State, may as they see cause be printed and

published.”

The Archon’s comment upon the order I find to have been of this sense:

“MY LORDS:

“To crave pardon for a word or two in further explanation of what

was read, I shall briefly show how the constitution of this tribe or

assembly answers to their function; and how their function, which is of

two parts, the former in the result or legislative power, the latter

in the supreme judicature of the commonwealth, answers to their

constitution. Machiavel has a discourse, where he puts the question,

‘Whether the guard of liberty may with more security be committed to the

nobility or to the people?’ Which doubt of his arises through the want

of explaining his terms; for the guard of liberty can signify nothing

else but the result of the commonwealth; so that to say that the guard

of liberty may be committed to the nobility, is to say that the result

may be committed to the Senate, in which case the people signify

nothing.

“Now to show it was a mistake to affirm it to have been thus in

Lacedaemon, sufficient has been spoken; and whereas he will have it

to be so in Venice also: ‘They,’ says Contarini, ‘in whom resides the

supreme power of the whole commonwealth, and of the laws, and upon whose

orders depends the authority as well of the Senate as of all the other

magistrates, is the Great Council.’ It is institutively in the Great

Council, by the judgment of all that know that commonwealth; though, for

the reasons shown, it be sometimes exercised by the Senate. Nor need

I run over the commonwealths in this place for the proof of a thing so

doubtless, and such as has been already made so apparent, as that the

result of each was in the popular part of it. The popular part of yours,

or the prerogative tribe, consists of seven deputies (whereof three are

of the horse) annually elected out of every tribe of Oceana; which being

fifty, amounts to 150 horse and 200 foot. And the prerogative consisting

of three of these lists, consists of 450 horse and 600 foot, besides

those of the provinces to be hereafter mentioned; by which means the

overbalance in the suffrage remaining to the foot by 150 votes, you have

to the support of a true and natural aristocracy the deepest root of a

democracy that has been ever planted.

“Wherefore there is nothing in art or nature better qualified for the

result than this assembly it is noted out of Cicero by Machiavel, ‘That

the people, though they are not so prone to find out truth of themselves

as to follow custom or run into error yet if they be shown truth, they

not only acknowledge and embrace it very suddenly, but are the most

constant and faithful guardians and conservators of it.’ it is your

duty and office, whereto you are also qualified by the orders of this

commonwealth, to have the people as you have your hawks and greyhounds,

in leashes and slips, to range the fields and beat the bushes for them,

for they are of a nature that is never good at this sport, but when you

spring or start their proper quarry. Think not that they will stand to

ask you what it is, or less know it than your hawks and greyhounds do

theirs; but presently make such a flight or course, that a huntsman may

as well undertake to run with his dogs, or a falconer to fly with his

hawk, as an aristocracy at this game to compare with the people. The

people of Rome were possessed of no less a prey than the empire of the

world, when the nobility turned tails, and perched among daws upon the

tower of monarchy. For though they did not all of them intend the thing,

they would none of them endure the remedy, which was the agrarian.

“But the prerogative tribe has not only the result, but is the supreme

judicature, and the ultimate appeal in this commonwealth. For the

popular government that makes account to be of any standing, must make

sure in the first place of the appeal to the people. As an estate in

trust becomes a man’s own if he be not answerable for it, so the

power of a magistracy not accountable to the people, from whom it was

received, becoming of private use, the commonwealth loses her liberty

Wherefore the right of supreme judicature in the people (Without which

there can be no such thing as popular government) is confirmed by the

constant practice of all commonwealths; as that of Israel in the cases

of Achan, and of the tribe of Benjamin, adjudged by the congregation.

“The dicasterian, or court called the heliaia in Athens, which (the

comitia of that commonwealth consisting of the whole people, and so

being too numerous to be a judicatory) was constituted sometimes of

500, at others of 1,000, or, according to the greatness of the cause, of

1,500, elected by the lot out of the whole body of the people, had, with

the nine Archons that were presidents, the cognizance of such causes as

were of highest importance in that State. The five ephors in Lacedaemon,

which were popular magistrates, might question their kings, as appears

by the cases of Pausanias, and of Agis, who being upon his trial in this

court, was cried to by his mother to appeal to the people, as Plutarch

has it in his life. The tribunes of the people of Rome (like, in the

nature of their magistracy, and for some time in number, to the ephors,

as being, according to Halicarnassus and Plutarch, instituted in

imitation of them) had power to summon any man, his magistracy at least

being expired (for from the Dictator there lay no appeal) to answer for

himself to the people. As in the case of Coriolanus, who was going

about to force the people, by withholding corn from them in a famine,

to relinquish the magistracy of the tribunes, in that of Spurius Cassius

for affecting tyranny, of Marcus Sergius for running away at Veii, of

Caius Lucretius for spoiling his province, of Junius Silanus for making

war without a command from the people against the Cimbri, with divers

others. And the crimes of this nature were called loesoe majestatis,

or high treason. Examples of such as were arraigned or tried for

peculation, or defraudation of the commonwealth, were Marcus Curius

for intercepting the money of the Samnites, Salinator for the unequal

division of spoils to his soldiers, Marcus Posthumius for cheating the

commonwealth by a feigned shipwreck. Causes of these two kinds were of

a more public nature; but the like power upon appeals was also exercised

by the people in private matters, even during the time of the kings, as

in the case of Horatius. Nor is it otherwise with Venice, where the

Doge Loredano was sentenced by the great Council, and Antonio Grimani,

afterward doge, questioned, for that he, being admiral, had suffered the

Turk to take Lepanto in view of his fleet.

“Nevertheless, there lay no appeal from the Roman dictator to the

people; which, if there had, might have cost the commonwealth dear,

when Spurius Melius, affecting empire, circumvented and debauched the

tribunes: whereupon Titus Quintus Cincinnatus was created Dictator, who

having chosen Servilius Ahala to be his lieutenant, or magister equitum,

sent him to apprehend Melius, whom, while he disputed the commands of

the Dictator and implored the aid of the people, Ahala cut off upon

the place. By which example you may see in what cases the dictator may

prevent the blow which is ready sometimes to fall ere the people be

aware of the danger. Wherefore there lies no appeal from the Dieci,

or the Council of Ten, in Venice, to the Great Council, nor from our

Council of War to the people. For the way of proceeding of this tribe,

or the ballot, it is, as was once said for all, Venetian.

“This discourse of judicatories whereupon we are fallen, brings us

rather naturally than of design from the two general orders of every

commonwealth, that is to say, from the debating part, or the Senate, and

the resolving part, or the people, to the third, which is the executive

part or the magistracy, whereupon I shall have no need to dwell, for the

executive magistrates of this commonwealth are the strategus in arms;

the signory in their several courts, as the chancery, the exchequer; as

also the councils in divers cases within their instructions; the censors

as well in their proper magistracy, as in the Council of Religion; the

tribunes in the government of the prerogative, and that judicatory; and

the judges with their courts; of all which so much is already said or

known as may suffice.

“The Tuesday lectures or orations to the people will be of great benefit

to the Senate, the prerogative, and the whole nation. To the Senate,

because they will not only teach your Senators elocution, but keep the

system of the government in their memories. Elocution is of great use to

your Senators, for if they do not understand rhetoric (giving it at this

time for granted that the art were not otherwise good) and come to treat

with, or vindicate the cause of the commonwealth against some other

nation that is good at it, the advantage will be subject to remain upon

the merit of the art, and not upon the merit of the cause. Furthermore,

the genius or soul of this government being in the whole and in

every part, they will never be of ability in determination upon any

particular, unless at the same time they have an idea of the whole.

That this therefore must be, in that regard, of equal benefit to the

prerogative, is plain; though these have a greater concernment in it.

For this commonwealth is the estate of the people; and a man, you know,

though he be virtuous, yet if he does not understand his estate, may run

out or be cheated of it. Last of all, the treasures of the politics will

by this means be so opened, rifled, and dispersed, that this nation

will as soon dote, like the Indians, upon glass beads, as disturb your

government with whimsies and freaks of mother-wit, or suffer themselves

to be stuttered out of their liberties. There is not any reason why

your grandees, your wise men of this age, that laugh out and openly at

a commonwealth as the most ridiculous thing, do not appear to be, as in

this regard they are, mere idiots, but that the people have not eyes.”

There remains no more relating to the Senate and the people than--

The twenty-fourth order, “Whereby it is lawful for the province of

Marpesia to have thirty knights of their own election continually

present in the Senate of Oceana, together with sixty deputies of horse,

and 120 of foot in the prerogative tribe, endued with equal power

(respect had to their quality and number) in the debate and result of

this commonwealth, provided that they observe the course or rotation

of the same by the annual return of ten knights, twenty deputies of the

horse, and forty of the foot. The like in all respects is lawful for

Panopea; and the horse of both the provinces amounting to one troop, and

the foot to one company, one captain and one cornet of the horse shall

be annually chosen by Marpesia, and one captain and one ensign of the

foot shall be annually chosen by Panopea.”

The orb of the prerogative being thus complete, is not unnaturally

compared to that of the moon, either in consideration of the light

borrowed from the Senate, as from the sun; or of the ebbs and floods

of the people, which are marked by the negative or affirmative of this

tribe. And the constitution of the Senate and the people being shown,

you have that of the Parliament of Oceana, consisting of the Senate

proposing, and of the people resolving, which amounts to an act of

Parliament. So the Parliament is the heart, which, consisting of two

ventricles, the one greater and replenished with a grosser matter, the

other less and full of a purer, sucks in and spouts forth the vital

blood of Oceana by a perpetual circulation. Wherefore the life of

this government is no more unnatural or obnoxious upon this score to

dissolution than that of a man; nor to giddiness than the world; seeing

the earth, whether it be itself or the heavens that are in rotation, is

so far from being giddy, that it could not subsist without motion. But

why should not this government be much rather capable of duration

and steadiness by motion? Than which God has ordained no other to the

universal commonwealth of mankind: seeing one generation comes and

another goes, but the earth remains firm forever, that is, in her proper

situation or place, whether she be moved or not moved upon her proper

centre. The Senate, the people, and the magistracy, or the Parliament so

constituted, as you have seen, is the guardian of this commonwealth, and

the husband of such a wife as is elegantly described by Solomon: “She is

like the merchant’s ships; she brings her food from far. She considers

a field, and buys it: with the fruit of her hands she plants a vineyard.

She perceives that her merchandise is good. She stretches forth her

hands to the poor. She is not afraid of the snow for her household; for

all her household are clothed with scarlet. She makes herself coverings

of tapestry, her clothing is silk and purple. Her husband is known (by

his robes) in the gates, when he sits among the senators of the land.”

The gates, or inferior courts, were branches, as it were, of the

Sanhedrim, or Senate, of Israel. Nor is our commonwealth a worse

housewife, nor has she less regard to her magistrates; as may pear by--

The twenty-fifth order, “That, whereas the public revenue is through the

late civil wars dilapidated, the excise, being improved or improvable to

the revenue of £1,000,000, be applied, for the space of eleven years to

come, to the reparation of the same, and for the present maintenance of

the magistrates, knights, deputies, and other officers, who, according

to their several dignities and functions, shall annually receive toward

the support of the same, as follows:

“The lord strategus marching, is, upon another account, to have

field-pay as general.

Per Annum

The lord strategus sitting...... £2,000

The lord orator...... 2,000

The three commissioners of the seal... 4,500

The three commissioners of the treasury... 4,500

The two censors.... 3,000

The 290 knights, at £500 a man..... 145,000

The four ambassadors-in-ordinary.... 12,000

The Council of War for intelligence.... 3,000

The master of the ceremonies..... 500

The master of the horse...... 500

His substitute..... 150

The twelve ballotins for their winter liveries 240

For summer liveries... 120

For their board-wages...... 480

For the keeping of three coaches of state,

twenty-four coach-horses, with coachmen

and postilions.......... 1,500

For the grooms, and keeping of sixteen

great horses for the master of the

horse, and for the ballotins whom he

is to govern and instruct in the art

of riding.......... 480

The twenty secretaries of the Parliament... 2,000

The twenty doorkeepers, who are to attend

with pole-axes,

For their coats....... 200

For their board-wages.... 1,000

The twenty messengers, which are trumpeters,

For their coats.... 200

For their board-wages..... 1,000

For ornament of the masters of the youth... 5,000

Sum £189,370

“Out of the personal estates of every man, who at his death bequeaths

not above forty shillings to the muster of that hundred wherein it lies,

shall be levied one per cent. till the solid revenue of the muster of

the hundred amounts to £50 per annum for the prizes of the youth.

“The twelve ballotins are to be divided into three regions, according to

the course of the Senate; the four of the first region to be elected at

the tropic out of such children as the knights of the same shall offer,

not being under eleven years of age, nor above thirteen. And their

election shall be made by the lot at an urn set by the sergeant of the

house for that purpose in the hall of the Pantheon. The livery of the

commonwealth for the fashion or the color may be changed at the election

of the strategus according to his fancy. But every knight during his

session shall be bound to give to his footman, or some one of his

footmen, the livery of the commonwealth.

“The prerogative tribe shall receive as follows:

By the week

The two tribunes of the horse..... £14 0

The two tribunes of the foot..... 12 0

The three captains of the horse..... 15 0

The three cornets..... 9 0

The three captains of the foot.... 12 0

The three ensigns........ 7 0

The 442 horse, at £2 a man..... 884 0

The 592 foot, at £1 10s a man.... 888 0

The six trumpeters..... 7 10

The three drummers........... 2 5

Sum by the week................ £1,850 15

Sum by the year............. £96,239 0

The total of the Senate, the people,

and the magistracy.................... £287,459 15

“The dignity of the commonwealth, and aids of the several magistracies

and offices thereto belonging, bring provided for as aforesaid, the

overplus of the excise, with the product of the sum rising, shall be

carefully managed by the Senate and the people through the diligence of

the officers of the Exchequer, till it amount to £8,000,000, or to the

purchase of about £400,000 solid revenue. At which time, the term of

eleven years being expired, the excise, except it be otherwise ordered

by the Senate and the people, shall be totally remitted and abolished

forever.”

At this institution the taxes, as will better appear in the Corollary,

were abated about one-half, which made the order, when it came to be

tasted, to be of good relish with the people in the very beginning;

though the advantages then were no ways comparable to the consequences

to be hereafter shown. Nevertheless, my Lord Epimonus, who with much ado

had been held till now, found it midsummer moon, and broke out of bedlam

in this manner.

“MY LORD ARCHON:

“I have a singing in my head like that of a cart-wheel, my brains are

upon a rotation; and some are so merry, that a man cannot speak his

griefs, but if your high-shod prerogative, and those same slouching

fellows your tribunes, do not take my lord strategus’s and my lord

orator’s heads, and jolt them together under the canopy, then let me be

ridiculous to all posterity. For here is a commonwealth, to which if a

man should take that of the ‘prentices in their ancient administration

of justice at Shrovetide, it were an aristocracy. You have set the very

rabble with truncheons in their hands, and the gentry of this nation,

like cocks with scarlet gills, and the golden combs of their salaries to

boot, lest they should not be thrown at.

“Not a night can I sleep for some horrid apparition or other; one while

these myrmidons are measuring silks by their quarterstaves, another

stuffing their greasy pouches with my lord high treasurer’s jacobuses.

For they are above 1,000 in arms to 300, which, their gowns being pulled

over their ears, are but in their doublets and hose. But what do I speak

of 1,000? There be 2,000 in every tribe, that is, 100,000 in the whole

nation, not only in the posture of an army, but in a civil capacity

sufficient to give us what laws they please. Now everybody knows that

the lower sort of people regard nothing but money; and you say it is

the duty of a legislator to presume all men to be wicked: wherefore they

must fall upon the richer, as they are an army; or, lest their minds

should misgive them in such a villany, you have given them encouragement

that they have a nearer way, seeing it may be done every whit as well as

by the overbalancing power which they have in elections. There is a fair

which is annually kept in the centre of these territories at Kiberton,

a town famous for ale, and frequented by good fellows; where there is a

solemnity of the pipers and fiddlers of this nation (I know not whether

Lacedaemon, where the Senate kept account of the stops of the flutes and

of the fiddle-strings of that commonwealth, bad any such custom) called

the bull-running, and he that catches and holds the bull, is the annual

and supreme magistrate of that comitia or congregation, called king

piper, without whose license it is not lawful for any of those citizens

to enjoy the liberty of his calling; nor is he otherwise legitimately

qualified (or civitate donatus) to lead apes or bears in any

perambulation of the same. Mine host of the Bear, in Kiberton, the

father of ale, and patron of good football and cudgel players, has any

time since I can remember been grand-chancellor of this order.

“Now, say I, seeing great things arise from small beginnings, what

should hinder the people, prone to their own advantage and loving money,

from having intelligence conveyed to them by this same king piper and

his chancellor, with their loyal subjects the minstrels and bear-wards,

masters of ceremonies, to which there is great recourse in their

respective perambulations, and which they will commission and instruct,

with directions to all the tribes, willing and commanding them, that

as they wish their own good, they choose no other into the next primum

mobile but of the ablest cudgel and football players? Which done as

soon as said, your primum mobile, consisting of no other stuff, must of

necessity be drawn forth into your nebulones and your galimofries; and

so the silken purses of your Senate and prerogative being made of sows’

ears, most of them blacksmiths, they will strike while the iron is

hot, and beat your estates into hob-nails, mine host of the Bear being

strategus, and king piper lord orator. Well, my lords, it might have

been otherwise expressed, but this is well enough a-conscience. In your

way, the wit of man shall not prevent this or the like inconvenience;

but if this (for I have conferred with artists) be a mathematical

demonstration, I could kneel to you, that ere it be too late we might

return to some kind of sobriety. If we empty our purses with these

pomps, salaries, coaches, lackeys, and pages, what can the people say

less than that we have dressed a Senate and a prerogative for nothing

but to go to the park with the ladies?”

My Lord Archon, whose meekness resembled that of Moses, vouchsafed this

answer:

“My LORDS:

“For all this, I can see my Lord Epimonus every night in the park, and

with ladies; nor do I blame this in a young man, or the respect which is

and ought to be given to a sex that is one-half of the commonwealth of

mankind, and without which the other would be none: but our magistrates,

I doubt, may be somewhat of the oldest to perform this part with much

acceptation; and, as the Italian proverb says, ‘Servire e non gradire

e cosa da far morire.’ Wherefore we will lay no certain obligation upon

them in this point, but leave them, if it please you, to their own fate

or discretion. But this (for I know my Lord Epimonus loves me, though

I can never get his esteem) I will say, if he had a mistress should use

him so, he would find it a sad life; or I appeal to your lordships, how

I can resent it from such a friend, that he puts king piper’s politics

in the balance with mine. King piper, I deny not, may teach his bears to

dance, but they have the worst ear of all creatures. Now how he

should make them keep time in fifty several tribes, and that two years

together, for else it will be to no purpose, may be a small matter with

my lord to promise; but it seems to me of impossible performance. First,

through the nature of the bean; and, secondly, through that of the

ballot; or how what he has hitherto thought so hard, is now come to be

easy; but he may think that for expedition they will eat up these balls

like apples.

“However, there is so much more in their way by the constitution of

this, than is to be found in that of any other commonwealth, that I am

reconciled, it now appearing plainly that the points of my lord’s

arrows are directed at no other white than to show the excellency of our

government above others; which, as he proceeds further, is yet plainer;

while he makes it appear that there can be no other elected by the

people but smiths:

“‘Brontesque Steropesque et nudus membra Pyracmon:’

“Othoniel, Aod, Gideon, Jephtha, Samson, as in Israel; Miltiades,

Aristides, Themistocles, Cimon, Pericles, as in Athens; Papyrius,

Cincinnatus, Camillus, Fabius Scipio, as in Rome: smiths of the fortune

of the commonwealth; not such as forged hob-nails, but thunderbolts.

Popular elections are of that kind, that all of the rest of the world

is not able, either in number or glory, to equal those of these three

commonwealths. These indeed were the ablest cudgel and football players;

bright arms were their cudgels, and the world was the ball that lay

at their feet. Wherefore we are not so to understand the maxim of

legislators, which holds all men to be wicked, as if it related to

mankind or a commonwealth, the interests whereof are the only straight

lines they have whereby to reform the crooked; but as it relates to

every man or party, under what color soever he or they pretend to be

trusted apart, with or by the whole. Hence then it is derived, which is

made good in all experience, that the aristocracy is ravenous, and not

the people. Your highwaymen are not such as have trades, or have been

brought up to industry; but such commonly whose education has pretended

to that of gentlemen. My lord is so honest, he does not know the maxims

that are of absolute necessity to the arts of wickedness; for it is

most certain, if there be not more purses than thieves, that the thieves

themselves must be forced to turn honest, because they cannot thrive

by their trade; but now if the people should turn thieves, who sees not

that there would be more thieves than purses? wherefore that a whole

people should turn robbers or levellers, is as impossible in the end as

in the means.

“But that I do not think your artist which you mentioned, whether

astronomer or arithmetician, can tell me how many barley-corns would

reach to the sun, I could be content he were called to the account, with

which I shall conclude this point: when by the way I have chid my lords

the legislators, who, as if they doubted my tackling could not hold,

would leave me to flag in a perpetual calm, but for my Lord Epimonus,

who breathes now and then into my sails and stirs the waters. A ship

makes not her way so briskly as when she is handsomely brushed by the

waves, and tumbles over those that seem to tumble against her; in which

case I have perceived in the dark that light has been struck even out of

the sea, as in this place, where my Lord Epimonus feigning to give us

a demonstration of one thing, has given it of another, and of a better.

For the people of this nation, if they amount in each tribe to 2,000

elders and 2,000 youths upon the annual roll, holding a fifth to

the whole tribe, then the whole of a tribe, not accounting women and

children, must amount to 20,000; and so the whole of all the tribes,

being fifty, to 1,000,000.

“Now you have 10,000 parishes, and reckoning these one with another,

each at £1,000 a year dry-rent, the rent or revenue of the nation, as it

is or might be let to farm, amounts to £10,000,000; and £10,000,000 in

revenue divided equally to 1,000,000 of men, comes but to £10 a year to

each wherewith to maintain himself, his wife and children. But he that

has a cow upon the common, and earns his shilling by the day at his

labor, has twice as much already as this would come to for his share;

because if the land were thus divided, there would be nobody to set him

on work. So my Lord Epimonus’s footman, who costs him thrice as much as

one of these could thus get, would certainly lose by his bargain. What

should we speak of those innumerable trades whereupon men live, not only

better than others upon good shares of lands, but become also purchasers

of greater estates? Is not this the demonstration which my lord meant,

that the revenue of industry in a nation, at least in this, is three

or four-fold greater than that of the mere rent? If the people then

obstruct industry, they obstruct their own livelihood; but if they

make a war, they obstruct industry. Take the bread out of the people’s

mouths, as did the Roman patricians, and you are sure enough of a war,

in which case they may be levellers; but our agrarian causes their

industry to flow with milk and honey. It will be owned that this is

true, if the people were given to understand their own happiness; but

where is it they do that? Let me reply with the like question, where

do they not? They do not know their happiness it should seem in France,

Spain, and Italy; but teach them what it is, and try whose sense is the

truer.

“As to the late wars in Germany, it has been affirmed to me there, that

the princes could never make the people to take arms while they had

bread, and have therefore suffered countries now and then to be wasted

that they might get soldiers. This you will find to be the certain pulse

and temper of the people; and if they have been already proved to be the

most wise and constant order of a government, why should we think

(when no man can produce one example of the common soldiery in an army

mutinying because they had not captains’ pay) that the prerogative

should jolt the heads of the Senate together because these have the

better salaries, when it must be as evident to the people in a nation,

as to the soldiery in an army, that it is no more possible their

emoluments of this kind should be afforded by any commonwealth in the

world to be made equal with those of the Senate, than that the common

soldiers should be equal with the captains? It is enough for the common

soldier that his virtue may bring him to be a captain, and more to the

prerogative, that each of them is nearer to be a senator.

“If my lord thinks our salaries too great, and that the commonwealth is

not housewife enough, whether is it better housewifery that she should

keep her family from the snow, or suffer them to burn her house that

they may warm themselves? for one of these must be. Do you think that

she came off at a cheaper rate when men had their rewards by £1,000 or

£2,000 a year in land if inheritance? if you say that they will be

more godly than they have been, it may be ill taken; and if you cannot

promise that, it is time we find out some way of stinting at least, if

not curing them of that same sacra fames. On the other side, if a poor

man (as such a one may save a city) gives his sweat to the public, with

what conscience can you suffer his family in the meantime to starve?

but he that lays his hand to this plough shall not lose by taking it

off from his own, and a commonwealth that will mend this shall be

penny-wise. The Sanhedrim of Israel, being the supreme, and a constant

court of judicature, could not choose but be exceeding gainful. The

Senate of the Bean in Athens, because it was but annual, was moderately

salaried; but that of the Areopagites, being for life, bountifully; and

what advantages the senators of Lacedaemon had, where there was little

money or use of it, were in honors for life. The patricians having no

profit, took all. Venice being a situation where a man goes but to the

door for his employment, the honor is great and the reward very little;

but in Holland a councillor of state has £1,500 Flemish a year,

besides other accommodations. The States-General have more. And that

commonwealth looks nearer her penny than ours needs to do.

“For the revenue of this nation, besides that of her industry,

it--amounts, as has been shown, to £10,000,000; and the salaries in

the whole come not to £300,000 a year. The beauty they will add to the

commonwealth will be exceeding great, and the people will delight in

this beauty of their commonwealth; the encouragement they will give to

the study of the public being very progitable, the accommodation they

will afford to your magistrates very honorable and easy. And the sum,

when it or twice as much was spent in bunting and housekeeping, was

never any grievance to the people. I am ashamed to stand huckling upon

this point; it is sordid. Your magistrates are rather to be provided

with further accommodations. For what if there should be sickness?

whither will you have them to remove? And this city in the soundest

times, for the heat of the year, is no wholesome abode: have a care of

their healths to whom you commit your own. I would have the Senate and

the people, except they see cause to the contrary, every first of June

to remove into the country air for the space of three months. You are

better fitted with summer-houses for them than if you had built them to

that purpose.

“There is some twelve miles distant the convallium upon the river

Halcionia, for the tribunes and the prerogative, a palace capable of

1,000 men; and twenty miles distant you have Mount Celia, reverend as

well for the antiquity as state of a castle completely capable of

the Senate, the proposers having lodgings in the convallium, and the

tribunes in Celia, it holds the correspondency between the Senate and

the people exactly And it is a small matter for the proposers,

being attended with the coaches and officers of state, besides other

conveniences of their own, to go a matter of five or ten miles (those

seats are not much farther distant) to meet the people upon any heath or

field that shall be appointed: where, having despatched their business,

they may hunt their own venison (for I would have the great walled

park upon the Halcionia to belong to the signory, and those about the

convallium to the tribunes) and so go to supper. Pray, my lords, see

that they do not pull down these houses to sell the lead of them; for

when--you have considered on it, they cannot be spared. The founders of

the school in Hiera provided that the boys should have a summer seat.

You should have as much care of these magistrates. But there is such a

selling, such a Jewish humor in our republicans, that I cannot tell

what to say to it; only this, any man that knows what belongs to a

commonwealth, or how diligent every nation in that case has been to

preserve her ornaments, and shall see the waste lately made (the woods

adjoining to this city, which served for the delight and health of it,

being cut down to be sold for threepence), will you tell that they who

did such things would never have made a commonwealth. The like may be

said of the ruin or damage done upon our cathedrals, ornaments in which

this nation excels all others. Nor shall this ever be excused upon the

score of religion; for though it be true that God dwells not in houses

made with hands, yet you cannot hold your assemblies but in such houses,

and these are of the best that have been made with hands. Nor is it well

argued that they are pompous, and therefore profane, or less proper for

divine service, seeing the Christians in the primitive Church chose

to meet with one accord in the Temple, so far were they from any

inclination to pull it down.”

The orders of this commonwealth, so far, or near so far as they concern

the elders, together with the several speeches at the institution, which

may serve for the better understanding of them as so many commentaries,

being shown, I should now come from the elders to the youth, or from the

civil constitution of this government to the military, but that I judge

this the fittest place whereinto, by the way, to insert the government

of the city though for the present but perfunctorily.

“‘The metropolis or capital city of Oceana is commonly called Emporium,

though it consists of two cities distinct, as well in name as in

government, whereof the other is called Hiera, for which cause I shall

treat of each apart, beginning with Emporium.

“Emporium, with the liberties, is under a twofold division, the one

regarding the national, and the other the urban or city government. It

is divided, in regard of the national government, into three tribes, and

in respect of the urban into twenty six, which for distinction’s sake

are called wards, being contained under three tribes but unequally;

wherefore the first tribe containing ten wards is called scazon, the

second containing eight metoche, and the third containing as many

telicouta, the bearing of which names in mind concerns the better

understanding of the government.

“Every ward has her wardmote, court, or inquest, consisting of all that

are of the clothing or liveries of companies residing within the same.

“Such are of the livery or clothing as have attained to the dignity to

wear gowns and parti-colored hoods or tippets, according to the rules

and ancient customs of their respective companies.

“A company is a brotherhood of tradesmen professing the same art,

governed according to their charter by a master and wardens. Of these

there be about sixty, whereof twelve are of greater dignity than the

rest, that is to say, the mercers, grocers, drapers, fishmongers,

goldsmiths, skinners, merchant-tailors, haberdashers, salters,

ironmongers, vintners, clothworkers, which, with most of the rest, have

common halls, divers of them being of ancient and magnificent structure,

wherein they have frequent meetings, at the summons of their master or

wardens, for the managing and regulation of their respective trades and

mysteries. These companies, as I shall show, are the roots of the whole

government of the city. For the liveries that reside in the same ward,

meeting at the wardmote inquest (to which it belongs to take cognizance

of all sorts of nuisances and violations of the customs and orders of

the city, and to present them to the court of aldermen), have also power

to make election of two sorts of magistrates or officers; the first

of elders or aldermen of the ward, the second of deputies of the same,

otherwise called common councilmen.

“The wards in these elections, because they do not elect all at once,

but some one year and some another, observe the distinction of the three

tribes; for example, the scazon, consisting of ten wards, makes election

the first year of ten aldermen, one in each ward, and of 150 deputies,

fifteen in each ward, all which are triennial magistrates or officers,

that is to say, are to bear their dignity for the space of three years.

“The second year the metoche, consisting of eight wards, elects eight

aldermen, one in each ward, and 120 deputies, fifteen in each ward,

being also triennial magistrates.

“The third year telicouta, consisting of a like number of wards, elects

an equal number of like magistrates for a like term. So that the whole

number of the aldermen, according to that of the wards, amounts to

twenty-six; and the whole number of the deputies, to 390.

“The aldermen thus elected have divers capacities; for, first, they

are justices of the peace for the term, and in consequence of their

election. Secondly, they are presidents of the wardmote and governors

each of that ward whereby he was elected. And last of all, these

magistrates being assembled together, constitute the Senate of the city,

otherwise called the court of aldermen; but no man is capable of this

election that is not worth £10,000. This court upon every new election

makes choice of nine censors out of their own number.

“The deputies in like manner being assembled together, constitute the

prerogative tribe of the city, otherwise called the common council, by

which means the Senate and the people of the city were comprehended, as

it were, by the motion of the national government, into the same wheel

of annual, triennial, and perpetual revolution.

“But the liveries, over and above the right of these elections by their

divisions mentioned, being assembled all together at the guild of the

city, constitute another assembly called the common hall.

“The common hall has the right of two other elections; the one of the

lord mayor, and the other of the two sheriffs, being annual magistrates.

The lord mayor can be elected out of no other than one of the twelve

companies of the first ranks; and the common hall agrees by the

plurality of suffrages upon two names, which, being presented to the

lord mayor for the time being, and the court of the aldermen, they elect

one by their scrutiny. For so they call it, though it differs from

that of the commonwealth. The orator or assistant to the lord mayor

in holding of his courts, is some able lawyer elected by the court of

aldermen, and called the recorder of Emporium.

“The lord mayor being thus elected, has two capacities: one regarding

the nation, and the other the city. In that which regards the city,

he is president of the court of aldermen, having power to assemble the

same, or any other council of the city, as the common council or common

hall, at his will and pleasure; and in that which regards the nation, he

is commander-in-chief of the three tribes whereinto the city is divided;

one of which he is to bring up in person at the national muster to the

ballot, as his vice-comites, or high sheriffs, are to do by the other

two, each at their distinct pavilion, where the nine aldermen, elected

censors, are to officiate by three in each tribe, according to the rules

and orders already given to the censors of the rustic tribes. And the

tribes of the city have no other than one common phylarch, which is the

court of aldermen and the common council, for which cause they elect not

at their muster the first list called the prime magnitude.

“The conveniences of this alteration of the city government, besides the

bent of it to a conformity with that of the nation, were many, whereof

I shall mention but a few: as first, whereas men under the former

administration, when the burden of some of these magistracies lay

for life, were oftentimes chosen not for their fitness, but rather

unfitness, or at least unwillingness to undergo such a weight, whereby

they were put at great rates to fine for their ease; a man might now

take his share in magistracy with that equity which is due to the

public, and without any inconvenience to his private affairs. Secondly,

whereas the city (inasmuch as the acts of the aristocracy, or court of

aldermen, in their former way of proceeding, were rather impositions

than propositions) was frequently disquieted with the inevitable

consequence of disorder in the power of debate exercised by the

popular part, or common council; the right of debate being henceforth

established in the court of aldermen, and that of result in the common

council, killed the branches of division in the root. Which for the

present may suffice to have been said of the city of Emporium.

“That of Hiera consists as to the national government of two tribes, the

first called agoroea, the second propola; but as to the peculiar policy

of twelve manipuls, or wards divided into three cohorts, each cohort

containing four wards, whereof the wards of the first cohort elect for

the first year four burgesses, one in each ward, the wards of the second

cohort for the second year four burgesses, one in each ward, and the

wards of the third cohort for the third year four burgesses, one in each

ward, all triennial magistrates; by which the twelve burgesses,

making one court for the government of this city according to their

instructions by act of Parliament, fall likewise into an annual,

triennial, and perpetual revolution.

“This court being thus constituted, makes election of divers

magistrates; as first, of a high steward, who is commonly some person of

quality, and this magistracy is elected in the Senate by the scrutiny of

this court; with him they choose some able lawyer to be his deputy, and

to hold the court; and last of all they elect out of their own number

six censors.

“The high steward is commander-in-chief of the two tribes, whereof he in

person brings up the one at the national muster to the ballot, and his

deputy the other at a distinct pavilion; the six censors chosen by the

court officiating by three in each tribe at the urns; and these tribes

have no other phylarch but this court.

“As for the manner of elections and suffrage, both in Emporium and

Hiera, it may be said, once for all, that they are performed by ballot,

and according to the respective rules already given.

“There be other cities and corporations throughout the territory, whose

policy being much of this kind, would be tedious and not worth the labor

to insert, nor dare I stay. Juvenum manus emicat ardens.”

I return, according to the method of the commonwealth, to the remaining

parts of her orbs, which are military and provincial; the military,

except the strategus, and the polemarchs or field-officers, consisting

of the youth only, and the provincial consisting of a mixture both of

elders and of the youth.

To begin with the youth, or the military orbs, they are circles to

which the commonwealth must have a care to keep close. A man is a spirit

raised by the magic of nature; if she does not stand safe, and so that

she may set him to some good and useful work, he spits fire, and blows

up castles; for where there is life, there must be motion or work; and

the work of idleness is mischief, but the work of industry is health.

To set men to this, the commonwealth must begin betimes with them, or

it will be too late; and the means whereby she sets them to it is

education, the plastic art of government. But it is as frequent as sad

in experience (whether through negligence, or, which in the consequence

is all one or worse, over-fondness in the domestic performance of this

duty) that innumerable children come to owe their utter perdition to

their own parents, in each of which the commonwealth loses a citizen.

Wherefore the laws of a government, how wholesome soever in themselves,

are such as, if men by a congruity in their education be not bred to

find a relish in them, they will be sure to loathe and detest. The

education therefore of a man’s own children is not wholly to be

committed or trusted to himself. You find in Livy the children of

Brutus, having been bred under monarchy, and used to a court life,

making faces at the Commonwealth of Rome: “A king (say they) is a man

with whom you may prevail when you have need there should be law, or

when you have need there should be no law; he has favors in the right,

and he frowns not in the wrong place; he knows his friends from

his enemies. But laws are deaf, inexorable things, such as make no

difference between a gentleman and an ordinary fellow; a man can never

be merry for them, for to trust altogether to his own innocence is a sad

life.” Unhappy wantons! Scipio, on the other side, when he was but a boy

(about two or three and twenty), being informed that certain patricians

of Roman gentlemen, through a qualm upon the defeat which Hannibal had

given them at Cannae, were laying their heads together and contriving

their flight with the transportation of their goods out of Rome, drew

his sword, and setting himself at the door of the chamber where they

were at council, protested “that who did not immediately swear not to

desert the commonwealth, he would make his soul to desert his body.” Let

men argue as they please for monarchy, or against a commonwealth, the

world shall never see any man so sottish or wicked as in cool blood to

prefer the education of the sons of Brutus before that of Scipio; and

of this mould, except a Melius or a Manlius, was the whole youth of that

commonwealth, though not ordinarily so well cast.

Now the health of a government and the education of the youth being

of the same pulse, no wonder if it has been the constant practice of

well-ordered commonwealths to commit the care and feeling of it to

public magistrates. A duty that was performed in such a manner by the

Areopagites, as is elegantly praised by Isocrates, “the Athenians (says

he) write not their laws upon dead walls, nor content themselves with

having ordained punishments for crimes, but provide in such a way, by

the education of their youth, that there be no crimes for punishment.”

He speaks of those laws which regarded manners, not of those orders

which concerned the administration of the commonwealth, lest you should

think he contradicts Xenophon and Polybius. The children of Lacedaemon,

at the seventh year of their age, were delivered to the poedonomi, or

schoolmasters, not mercenary, but magistrates of the commonwealth, to

which they were accountable for their charge; and by these at the age of

fourteen they were presented to other magistrates called the beidioei,

having the inspection of the games and exercises, among which that of

the platanista was famous, a kind of fight in squadrons, but somewhat

too fierce. When they came to be of military age they were listed of

the mora, and so continued in readiness for public service under the

discipline of the polemarchs. But the Roman education and discipline by

the centuries and classes is that to which the Commonwealth of Oceana

has had a more particular regard in her three essays, being certain

degrees by which the youth commence as it were in arms for magistracy,

as appears by--

The twenty-sixth order, instituting, “That if a parent has but one son,

the education of that one son shall be wholly at the disposition of that

parent. But whereas there be free schools erected and endowed, or to

be erected and endowed in every tribe of this nation, to a sufficient

proportion for the education of the children of the same (which schools,

to the end there be no detriment or hindrance to the scholars upon case

of removing from one to another, are every of them to be governed by

the strict inspection of the censors of the tribes, both upon the

schoolmaster’s manner of life and teaching, and the proficiency of the

children, after the rules and method of that in Hiera) if a parent has

more sons than one, the censors of the tribes shall animadvert upon and

punish him that sends not his sons within the ninth year of their age to

some one of the schools of a tribe, there to be kept and taught, if he

be able, at his own charges; and if he be not able, gratis, till they

arrive at the age of fifteen years. And a parent may expect of his sons

at the fifteenth year of their age, according to his choice or ability,

whether it be to service in the way of apprentices to some trade or

otherwise, or to further study, as by sending them to the inns of court,

of chancery, or to one of the universities of this nation. But he

that takes not upon him one of the professions proper to some of those

places, shall not continue longer in any of them than till he has

attained to the age of eighteen years; and every man having not at

the age of eighteen years taken upon him, or addicted himself to the

profession of the law, theology, or physic, and being no servant, shall

be capable of the essays of the youth, and no other person whatsoever,

except a man, having taken upon him such a profession, happens to lay

it by ere he arrives at three or four and twenty years of age, and be

admitted to this capacity by the respective. Phylarchs being satisfied

that he kept not out so long with any design to evade the service of the

commonwealth; but, that being no sooner at his own disposal, it was no

sooner in his choice to come in. And if any youth or other person of

this nation have a desire to travel into foreign countries upon occasion

of business, delight, or further improvement of his education, the

same shall be lawful for him upon a pass obtained from the censors in

Parliament, putting a convenient limit to the time, and recommending him

to the ambassadors by whom he shall be assisted, and to whom he shall

yield honor and obedience in their respective residences. Every youth at

his return from his travel is to present the censors with a paper of his

own writing, containing the interest of state or form of government of

the countries, or some one of the countries, where he has been; and

if it be good, the censors shall cause it to be printed and published,

prefixing a line in commendation of the author.

“Every Wednesday next ensuing the last of December, the whole youth of

every parish, that is to say, every man (not excepted by the foregoing

part of the order), being from eighteen years of age to thirty, shall

repair at the sound of the bell to their respective church, and being

there assembled in presence of the overseers, who are to govern the

ballot, and the constable who is to officiate at the urn, shall, after

the manner of the elders, elect every fifth man of their whole number

(provided that they choose not above one of two brothers at one

election, nor above half if they be four or upward) to be a stratiot

or deputy of the youth; and the list of the stratiots so elected

being taken by the overseers, shall be entered in the parish book, and

diligently preserved as a record, called the first essay. They whose

estates by the law are able, or whose friends are willing, to mount

them, shall be of the horse, the rest are of the foot. And he who has

been one year of this list, is not capable of being re-elected till

after another year’s interval.

“Every Wednesday next ensuing the last of January, the stratiots being

mustered at the rendezvous of their respective hundreds, shall, in the

presence of the jurymen, who are overseers of that ballot, and of the

high constable who is to officiate at the urn, elect out of the horse

of their troop or company one captain, and one ensign or cornet, to

the command of the same. And the jurymen having entered the list of the

hundred into a record to be diligently kept at the rendezvous of the

same, the first public game of this commonwealth shall begin and be

performed in this manner. Whereas there is to be at every rendezvous of

a hundred, one cannon, culverin, or saker, the prize arms being forged

by sworn armorers of this commonwealth, and for their proof, besides

their beauty, viewed and tried at the tower of Emporium, shall be

exposed by the justice of peace appertaining to that hundred (the said

justice with the jurymen being judges of the game), and the judges shall

deliver to the horseman that gains the prize at the career, one suit

of arms being of the value £20, to the pikeman that gains the prize

at throwing the bullet, one suit of arms of the value of £10, to the

musketeer that gains the prize at the mark with his musket, one suit of

arms of the value of £10, and to the cannoneer that gains the prize at

the mark with the cannon, culverin, or saker, a chain of silver being

the value of £10, provided that no one man at the same muster plays

above one of the prizes. Whosoever gains a prize is bound to wear it

(if it be his lot) upon service; and no man shall sell or give away any

armor thus won, except he has lawfully attained to two or more of them

at the games.

“The games being ended, and the muster dismissed, the captain of the

troop or company shall repair with a copy of the list to the lord

lieutenant of the tribe, and the high constable with a duplicate of

the same to the custos rotulorum, or muster-master general, to be also

communicated to the censors; in each of which the jurymen, giving a

note upon every name of an only son, shall certify the list is without

subterfuge or evasion; or, if it be not, an account of those upon whom

the evasion or subterfuge lies, to the end that the phylarch or the

censors may animadvert accordingly.

“And every Wednesday next ensuing the last of February, the lord

lieutenant, custos rotulorum, the censors, and the conductor, shall

receive the whole muster of the youth of that tribe at the rendezvous of

the same, distributing the horse and foot with their officers, according

to the directions given in the like case for the distribution of the

elders; and the whole squadron being put by that means in battalia,

the second game of this commonwealth shall begin by the exercise of the

youth in all the parts of their military discipline according to the

orders of Parliament, or direction of the Council of War in that case.

And the £100 allowed by the Parliament for the ornament of the muster

in every tribe, shall be expended by the phylarch upon such artificial

castles, citadels, or the like devices, as may make the best and most

profitable sport for the youth and their spectators.

“Which being ended, the censors having prepared the urns by putting

into the horse-urn 220 gold balls, whereof ten are to be marked with

the letter M and other ten with the letter P; into the foot-urn 700 gold

balls, whereof fifty are to be marked, with the letter M and fifty with

the letter P; and after they have made the gold balls in each urn, by

the addition of silver balls to the same, in number equal with the horse

and foot of the stratiots, the lord lieutenant shall call the stratiots

to the urns, where they that draw the silver balls shall return to

their places, and they that draw the gold balls shall fall off to the

pavilion, where, for the space of one hour, they may chop and change

their balls according as one can agree with another, whose lot he likes

better.

“But the hour being out, the conductor separating them whose gold balls

have no letter from those whose balls are marked, shall cause the crier

to call the alphabet, as first A; whereupon all they whose gold balls

are not marked, and whose surnames begin with the letter A, shall repair

to a clerk appertaining to the custos rotulorum, who shall first take

the names of that letter; then those of B, and so on, till all the names

be alphabetically enrolled. And the youth of this list being 600 foot

in a tribe, that is, 30,000 foot in all the tribes; and 200 horse in a

tribe, that is, 10,000 horse in all the tribes, are the second essay of

the stratiots, and the standing army of this commonwealth to be always

ready upon command to march. They whose balls are marked with M,

amounting, by twenty horse and fifty foot in a tribe, to 2,500 foot and

500 horse in all the tribes, and they whose balls are marked with P, in

every point correspondent, are parts of the third essay; they in M being

straight to march for Marpesia, and they of P for Panopea, to the ends

and according to the further directions following in the order for the

provincial orbs.

“If the polemarchs or field officers be elected by the scrutiny of the

Council of War, and the strategus commanded by the Parliament or the

Dictator to march, the lord lieutenants (who have power to muster and

discipline the youth so often as they receive orders for the same from

the Council of War) are to deliver the second essay, or so many of them

as shall be commanded, to the conductors, who shall present them to the

lord strategus at the time and place appointed by his Excellency to be

the general rendezvous of Oceana, where the Council of War shall have

the accommodation of horses and arms for his men in readiness; and the

lord strategus having armed, mounted, and distributed them, whether

according to the recommendation of their prize arms, or otherwise,

shall lead them away to his shipping, being also ready and provided with

victuals, ammunition, artillery, and all other necessaries; commanding

them, and disposing of the whole conduct of the war by his sole power

and authority. And this is the third essay of the stratiots, which being

shipped, or marched out of their tribes, the lord lieutenants shall

re-elect the second essay out of the remaining part of the first, and

the Senate another strategus.

“If any veteran or veterans of this nation, the term of whose youth or

militia is expired, having a desire to be entertained in the further

service of the commonwealth, shall present him or themselves at the

rendezvous of Oceana to the strategus, it is in his power to take on

such and so many of them as shall be agreed by the polemarchs, and to

send back an equal number of the stratiots.

“And for the better managing of the proper forces of this nation, the

lord strategus, by appointment of the Council of War, and out of such

levies as they shall have made in either or both of the provinces to

that end, shall receive auxiliaries by sea or elsewhere at some certain

place, not exceeding his proper arms in number.

“And whosoever shall refuse any one of his three essays, except upon

cause shown, he be dispensed withal by the phylarch, or, if the phylarch

be not assembled, by the censors of his tribe, shall be deemed a helot

or public servant, shall pay a fifth part of his yearly revenue,

besides all other taxes, to the commonwealth for his protection, and be

incapable of bearing any magistracy except such as is proper to the law.

Nevertheless if a man has but two sons, the lord lieutenant shall not

suffer above one of them to come to the Urn at one election of the

second essay, and though he has above two sons, there shall not come

above half the brothers at one election; and if a man has but one son,

he shall not come to the urn at all without the consent of his parents,

or his guardians, nor shall it be any reproach to him or impediment to

his bearing of magistracy.”

This order, with relation to foreign expeditions, will be proved and

explained together with--

The twenty-seventh order, “Providing, in case of invasion apprehended,

that the lords high sheriffs of the tribes, upon commands received from

the Parliament or the Dictator, distribute the bands of the elders into

divisions, after the nature of the essays of the youth; and that the

second division or essay of the elders, being made and consisting of

30,000 foot and 10,000 horse, be ready to march with the second essay of

the youth, and be brought also by the conductors to the strategus.

“The second essay of the elders and youth being marched out of their

tribes, the lords high sheriffs and lieutenants shall have the remaining

part of the annual bands both of elders and youth in readiness, which,

if the beacons be fired, shall march to the rendezvous to be in that

case appointed by the Parliament or the Dictator: And the beacons being

fired, the curiata comitia, or parochial congregations, shall elect a

fourth both of elders and youth to be immediately upon the guard of the

tribes, and dividing themselves as aforesaid, to march also in their

divisions according to orders, which method in case of extremity shall

proceed to the election of a third, or the levy of a second, or of the

last man in the nation, by the power of the lords high sheriffs, to the

end that the commonwealth in her utmost pressure may show her trust that

God in his justice will remember mercy, by humbling herself, and yet

preserving her courage, discipline, and constancy, even to the last drop

of her blood and the utmost farthing.

“The services performed by the youth, or by the elders, in case of

invasion, and according to this order, shall be at their proper cost and

charges that are any ways able to endure it; but if there be such as are

known in their parishes to be so indigent that they cannot march out of

their tribes, nor undergo the burden in this case incumbent, then the

congregations of their parishes shall furnish them with sufficient sums

of money to be repaid upon the certificate of the same by the Parliament

when the action shall be over. And of that which is respectively

enjoined by this order, any tribe, parish, magistrate, or person that

shall fail, is to answer for it, at the Council of War, as a deserter of

his country.”

The Archon, being the greatest captain of his own, if not of any age,

added much to the glory of this commonwealth, by interweaving the

militia with more art and lustre than any legislator from or before the

time of Servius Tullius, who constituted the Roman militia. But as the

bones or skeleton of a man, though the greatest part of his beauty be

contained in their proportion or symmetry, yet shown without flesh are a

spectacle that is rather horrid than entertaining, so without discourses

are the orders of a commonwealth; which, if she goes forth in that

manner, may complain of her friends that they stand mute and staring

upon her. Wherefore this order was thus fleshed by the Lord Archon:

“MY LORDS:

“Diogenes seeing a young fellow drunk, told him that his father was

drunk when he begot him. For this, in natural generation, I must confess

I see no reason; but in the political it is right. The vices of the

people are from their governors; those of their governors from

their laws or orders; and those of their laws or orders from their

legislators. Whatever was in the womb imperfect, as to her proper work,

comes very rarely or never at all to perfection afterward; and the

formation of a citizen in the womb of the commonwealth is his education.

“Education by the first of the foregoing orders is of six kinds: at the

school, in the mechanics, at the universities, at the inns of court or

chancery, in travels, and in military discipline, some of which I shall

but touch, and some I shall handle more at large.

“That which is proposed for the erecting and endowing of schools

throughout the tribes, capable of all the children of the same, and able

to give to the poor the education of theirs gratis, is only matter of

direction in case of very great charity, as easing the needy of the

charge of their children from the ninth to the fifteenth year of their

age, during which time their work cannot be profitable; and restoring

them when they may be of use, furnished with tools whereof there are

advantages to be made in every work, seeing he that can read and use his

pen has some convenience by it in the meanest vocation. And it cannot

be conceived but that which comes, though in small parcels, to the

advantage of every man in his vocation, must amount to the advantage of

every vocation, and so to that of the whole commonwealth. Wherefore this

is commended to the charity of every wise-hearted and well-minded man,

to be done in time, and as God shall stir him up or enable him; there

being such provision already in the case as may give us leave to proceed

without obstruction.

“Parents, under animadversion of the censors, are to dispose of their

children at the fifteenth year of their age to something; but what, is

left, according to their abilities or inclination, at their own choice.

This, with the multitude, must be to the mechanics, that is to say to

agriculture or husbandry, to manufactures, or to merchandise.

“Agriculture is the bread of the nation; we are hung upon it by the

teeth; it is a mighty nursery of strength, the best army, and the most

assured knapsack; it is managed with the least turbulent or ambitious,

and the most innocent hands of all other arts. Wherefore I am of

Aristotle’s opinion, that a commonwealth of husbandmen--and such is

ours--must be the best of all others. Certainly my lords, you have no

measure of what ought to be, but what can be, done for the encouragement

of this profession. I could wish I were husband good enough to direct

something to this end; but racking of rents is a vile thing in the

richer sort, an uncharitable one to the poorer, a perfect mark of

slavery, and nips your commonwealth in the fairest blossom. On the other

side, if there should be too much ease given in this kind, it would

occasion sloth, and so destroy industry, the principal nerve of a

commonwealth. But if aught might be done to hold the balance even

between these two, it would be a work in this nation equal to that for

which Fabius was surnamed Maximus by the Romans.

The Commonwealth of Oceana · 第 6 / 8 章