The Online Library of Liberty

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• Advertisement to the Reader.
• To the Lord Mayor, Aldermen, Sherifs, and Common Council of London.
• The Preface.
• The Life of James Harrington.
• The Mechanics of Nature:
• The Grounds and Reasons of Monarchy Considered: and Exemplify’d In the Scotish Line, Out of Their Own Best Authors and Records.
• The Commonwealth of Oceana. to His Highness the Lord Protector of the Commonwealth of England, Scotland, and Ireland.
• The Introduction, Or Order of the Work.
• Oceana.
• The Preliminarys, Shewing the Principles of Government.
• The Second Part of the Preliminarys.
• The Council of Legislators.
• Oceana: the Model of the Commonwealth of Oceana.
• Anno Dom.
• Anno Domini.
• Anno Domini.
• Epitome of the Whole Commonwealth.
• Libertas. the Proclamation of His Highness the Lord Archon of Oceana Upon Promulgation of the Model.
• The Prerogative of Popular Government.
• Epistle to the Reader.
• The First Book, Containing: a Full Answer to All Such Objections As Have Hitherto Bin Made Against Oceana.
• The Preface.
• Chap. I. Antient and Modern Prudence.
• Chap. I.: Whether Prudence Be Well Distinguish’d Into Antient and Modern.
• Chap. II.: Whether a Commonwealth Be Rightly Defin’d to Be a Government of Laws and Not of Men, and a Monarchy to Be the Government of Som Man, Or a Few Men, and Not of Laws?
• Chap. III.: Whether the Balance of Dominion In Land Be the Natural Cause of Empire?
• Chap. IV. Chap. IV.: Whether the Balance of Empire Be Well Divided Into National and Provincial; and Whether These Two, Or Any Nations That Are of Distinct Balance, Coming to Depend Upon One and the Same Head, Such a Mixture Creates a New Balance.
• Chap. V.: Whether There Be Any Common Right Or Interest of Mankind Distinct From the Parts Taken Severally; and How By the Orders of a Commonwealth It May Be Best Distinguish’d From Privat Interest.
• Chap. VI.: Whether the Senatusconsulta, Or Decrees of the Roman Senat, Had the Power of Laws?
• Chap. VII.: Whether the Ten Commandments Were Propos’d By God Or Moses, and Voted By the People of Israel.
• Chap. VIII.: Whether a Commonwealth Coming Up to the Perfection of the Kind, Coms Not Up to the Perfection of Government, and Has No Flaw In It.
• Chap. IX.: Whether Monarchy Coming Up to the Perfection of the Kind, Coms Not Short of the Perfection of Government, and Has Not Som Flaw In It. In Which Is Also Treated of the Balance of France; of the Original of a Landed Clergy; of Arms, and Their Ki
• Chap. X.: Whether a Commonwealth That Was Not First Broken By Her Self, Was Ever Conquer’d By the Arms of Any Monarch?
• Chap. XI.: Whether There Be Not an Agrarian, Or Som Law of Laws of That Nature, to Supply the Defect of It In Every Commonwealth: and Whether the Agrarian, As It Is Stated In Oceana, Be Not Equal and Satisfactory to All Interests.
• Chap. XII.: Whether Courses Or a Rotation Be Necessary to a Well-order’d Commonwealth. In Which Is Contain’d the Courses Or Parembole of Israel Before the Captivity, Together With the Epitome of Athens and Venice.
• The Second Book; Or, a Political Discourse Concerning Ordination: Against Dr. H. Hammond, Dr. L. Seaman, and the Authors They Follow.
• Advertisment to the Reader.
• Order of the Discourse.
• A Political Discourse Concerning Ordination.
• The Introduction, Or First Chapter.
• Chap. II.: That the Citys, Or Most of Them Nam’d In the Perambulation of the Apostles Paul and Barnabas, Were At That Time Under Popular Government. In Which Is Contain’d the Administration of a Roman Province.
• Chap. III.: The Deduction of the Chirotonia From Popular Government, and of the Original Right of Ordination From the Chirotonia. In Which Is Contain’d the Institution of the Sanhedrim Or Senat of Israel By Moses, and That of Rome By Romulus
• Chap. IV.: The Deduction of the Chirothesia From Monarchical Or Aristocratical Government, and of the Second Way of Ordination From the Chirothesia. In Which Is Contain’d the Commonwealth of the Jews As It Stood After the Captivity.
• Chap. V.: Whether the Chirotonia Mention’d In the Fourteenth of the Acts Be Indeed, As Is Pretended By Dr. Mammond, Dr. Seaman, and the Authors They Follow, the Same With the Chirothesia, Or a Far Different Thing. In Which Are Contain’d the
• Advertisement to the Reader, Or Direction to the Answerer.
• An Answer to Three Objections Against Popular Government, That Were Given Me After These Two Books Were Printed.
• The Art of Lawgiving: In Three Books.
• The Order of the Work.
• The First Book.
• The Second Book.
• The Third Book.
• The First Book, Shewing the Foundations and Superstructures of All Kinds of Government.
• The Preface. Considering the Principles Or Nature of Family Government.
• Chap. I.: Considering the Principles Or Balance of National Governments; With the Different Kinds of the Same.
• Chap. II.: Shewing the Variation of the English Balance.
• Chap. III.: Of Fixation of the Balance, Or of Agrarian Laws.
• Chap. IV.: Shewing the Superstructures of Governments.
• The Conclusion: Observing That the Principles of Human Prudence Being Good Without Proof of Scripture, Are Nevertheless Such As Are Provable Out of Scripture.
• The Second Book, Containing the Commonwealths of the Hebrews; Namely, Elohim, Or the Commonwealth of Israel; and Cabala, Or the Commonwealth of the Jews.
• The Preface, Shewing That There Were Commonwealths Before That of Israel.
• Chap. I.: Shewing That Israel Was a Commonwealth.
• Chap. II.: Shewing What Commonwealth Israel Was.
• Chap. III.: Shewing the Anarchy, Or State of the Israelits Under Their Judges.
• Chap. IV.: Shewing the State of the Israelits Under Their Kings, to the Captivity.
• Chap. V.: Shewing the State of the Jews In the Captivity; and After Their Return Out of It; With the Frame of the Jewish Commonwealth.
• Chap. VI.: Shewing How Ordination Was Brought Into the Christian Church, and the Divers Ways of the Same That Were At Divers Times In Use With the Apostles.
• The Conclusion: Shewing That Neither God, Nor Christ, Or the Apostles, Ever Instituted Any Government Ecclesiastical Or Civil Upon Any Other Principles Than Those Only of Human Prudence.
• The Third Book, Containing a Model of Popular Government, Practically Propos’d According to Reason, Confirm’d By the Scripture, and Agreable to the the Present Balance Or State of Property In England.
• The Preface. Containing a Model of Popular Government, Propos’d Notionally.
• Chap. I.: Containing the Civil Part of the Model, Propos’d Practicably.
• Chap. II.: Containing the Religious Part of This Model, Propos’d Practicably.
• Chap. III.: Containing the Military Part of This Model, Propos’d Practicably.
• Chap. IV.: Containing the Provincial Part of This Model, Propos’d Practicably.
• The Conclusion: Shewing How the Model Propos’d May Be Prov’d Or Examin’d; and Giving a Brief Answer to Mr. Wren’s Last Book, Intitl’d, Monarchy Asserted Against Mr. Harrington’s Oceana.
• A Word Concerning a House of Peers.
• Six Political Tracts Written On Several Occasions.
• Valerius and Publicola: Or, the True Form of a Popular Commonwealth Extracted Ex Puris Naturalibus.
• To the Reader.
• To the Parlament of the Commonwealth of England, &c. the Humble Petition, &c.
• The Petitioner to the Reader.
• A System of Politics Delineated In Short and Easy Aphorisms. Publish’d From the Author’s Own Manuscript.
• Chap. I.: Of Government.
• Chap. II.: Of the Matter of Government.
• Chap. III.: Of the Privation of Government.
• Chap. IV.: Of the Form of Government.
• Chap. V.: Of Form In the Civil Parts.
• Chap. VI.: Of Form In the Religious Part.
• Chap. VII.: Of Form In the Military Part.
• Chap. VIII.: Of Form In the Legal Part.
• Chap. IX.: Of Form In the Judicial Part.
• Chap. X.: Of the Administration of Government, Or Reason of State.
• Political Aphorisms.
• Seven Models of a Commonwealth: Or, Brief Directions Shewing How a Fit and Perfect Model of Popular Government May Be Made, Found, Or Understood.
• The First Part.
• Divers Models the First Model of Popular Government Propos’d. the Commonwealth of Israel.
• A Second Model of a Commonwealth Propos’d.
• A Third Model of a Commonwealth Propos’d. the Commonwealth of Sparta.
• A Fourth Model of a Commonwealth Propos’d. the Commonwealth of Athens.
• A Fifth Model of a Commonwealth Propos’d. the Commonwealth of Rome.
• A Sixth Model of a Commonwealth Propos’d. the Commonwealth of Venice.
• A Seventh Model of a Commonwealth Propos’d. the Commonwealth of Holland.
• The Second Part, Proposing a Model of a Commonwealth Fitted to the Present State of This Nation.
• Conclusion; Or, the Use of These Propositions.
• The Ways and Means Wherby an Equal and Lasting Commonwealth May Be Suddenly Introduc’d, and Perfectly Founded, With the Free Consent and Actual Confirmation of the Whole People of England.
• The Humble Petition of Divers Well Affected Persons, Deliver’d the 6th Day of July, 1659, With the Parlament’s Answer Therto.
• Appendix, Containing All the Political Tracts of James Harrington, Esq; Omitted In Mr. Toland ’s Edition of His Works.
• Pian Piano: Or, Intercourse Between H. Ferne, D. D. And J. Harrington, Esq; Upon Occasion of the Doctor’s Censure of the Commonwealth of Oceana.
• Epistle to the Reader.
• Intercourse Between H. Ferne, D. D. And James Harrington, Esq; Upon Occasion of the Doctor’s Censure of the Commonwealth of Oceana.
• The Queries I Shall Interweave With the Doctor’s Answer Unto Each of Them, Returned Unto Me With This Preamble.
• The First Query. How Much, Or In What the Author of Oceana Is Mistaken, to Think the Commonwealth of the Hebrews Appliable to His Purpose.
• The Second Query.
• The Third Query.
• The Fourth Query.
• The Fifth Query.
• The Sixth Query.
• The Seventh Query.
• The Stumbling-block of Disobedience and Rebellion, Cunningly Imputed By P. H. Unto Calvin, Remov’d, In a Letter to the Said P. H. From J. H.
• A Letter Unto Mr. Stubs, In Answer to His Oceana Weighed, &c.
• Politicaster: Or, a Comical Discourse In Answer to Mr. Wren ’s Book, Intituled, Monarchy Asserted, Against Mr. Harrington’ S Oceana.
• Pour Enclouer Le Canon.
• A Discourse Upon This Saying: the Spirit of the Nation Is Not Yet to Be Trusted With Liberty; Lest It Introduce Monarchy, Or Invade the Liberty of Conscience.
• A Discourse Shewing, That the Spirit of Parliaments, With a Council In the Intervals, Is Not to Be Trusted For a Settlement; Lest It Introduce Monarchy, and Persecution For Conscience.
• A Parallel of the Spirit of the People With the Spirit of Mr. Rogers; and an Appeal Thereupon Unto the Reader, Whether the Spirit of the People, Or the Spirit of Men Like Mr. Rogers, Be the Fitter to Be Trusted With the Government.
• A Sufficient Answer to Mr. Stubb.
• A Proposition In Order to the Proposing of a Commonwealth Or Democracy.
• The Rota: Or, a Model of a Free State, Or Equal Commonwealth.

OCEANA: THE MODEL OF THE Commonwealth of OCEANA.

WHEREAS my Lord Archon being from Moses and Lycurgus the first legislator that hitherto is found in history to have introduc’d or erected an intire commonwealth at once, happen’d, like them also, to be more intent upon putting the same into execution or action, than into writing; by which means the model came to be promulgated or publish’d with more brevity and less illustration than is necessary for their understanding who have not bin acquainted with the whole procedings of the council of legislators, and of the prytans, where it was asserted and clear’d from all objections and doubts: to the end that I may supply what was wanting in the promulgated epitome to a more full and perfect narrative of the whole, I shall rather take the commonwealth practically; and as it has now given an account of it self in som years revolutions (as Dicearchus is said to have don that of Lacedemon, first transcrib’d by his hand som three or four hundred years after the institution) yet not omitting to add for proof to every order such debates and speeches of the legislators in their council, or at least such parts of them as may best discover the reason of the government; nor such ways and means as were us’d in the institution or rise of the building, not to be so well conceiv’d, without som knowlege given of the engins wherwithal the mighty weight was mov’d. But thro the intire omission of the council of legislators or workmen that squar’d every stone to this structure in the quarrys of antient prudence, the proof of the first part of this discourse will be lame, except I insert, as well for illustration as to avoid frequent repetition, three remarkable testimonys in this place.Suidas.

Exod. 18. 24.The first is taken out of the commonwealth of Israel: SoMoseshearken’d to the voice of (Jethro) his father-in-law, and did all that he had said.Numb. 1. 16.AndMoseschose able men out of all Israel, and made them heads over the people; tribuns, as it is in the vulgar Latin; or phylarchs, that is, princes of the tribes, sitting upon twelve* thrones, and judging the twelve tribes of Israel: and next to these he chose rulers of thousands, rulers of hundreds, rulers of fiftys, and rulers of tens, which were the steps and rise of this commonwealth from its foundation or root to its proper elevation or accomplishment in the sanhedrim, and the congregation, already open’d in the preliminarys.Matth.

The second is taken out of Lacedemon, as Lycurgus (for the greater impression of his institutions upon the minds of his citizens) pretended to have receiv’d the model of that commonwealth from the oracle of Apollo at Delphos, the words wherof are thus recorded by Plutarch in the life of that famous legislator: ‘When thou shalt have divided the people into tribes (which were fix) and obas (which were five in every tribe) thou shalt constitut the senat,Crag. de Rep. consisting, with the two kings, of thirty counsellors, who, according as occasion requires, shall cause the congregation to be assembled between the bridg and the river Gnacion,Lac. lib. 1. c. 6. where the senat shall propose to the people, and dismiss them without suffering them to debate.’ The obæ were linages into which every tribe was divided, and in each tribe there was another division containing all those of the same that were of military age; which being call’d the mora, was subdivided into troops and companys that were kept in perpetual disciplin under the command of a magistrat call’d the polemarch.

The third is taken out of the commonwealth of Rome, or those parts of it which are compris’d in the first and second books of Livy, where the people, according to the institution by Romulus, are first divided into thirty curias or parishes, wherof he elected (by three out of each curia) the senat, which from his reign to that of Servius Tullus proposed to the parishes or parochial congregations; and these being call’d the comitia curiata, had the election of the* kings, the confirmation of their† laws, and the last appeal in matters of judicature, as appears in the case of Horatius that kill’d his sister; till in the reign of Servius (for the other kings kept not to the institution of Romulus) the people being grown somwhat, the power of the curiata was for the greater part translated to the centuriata comitia instituted by this king, which distributed the people according to the cense or valuation of their estates into six classes, every one containing about forty centurys, divided into youth and elders; the youth for field-service, the elders for the defence of their territory, all arm’d and under continual disciplin, in which they assembl’d both upon military and civil occasions.Halicar. But when the senat propos’d to the people, the horse only, wherof there were twelve centurys consisting of the richest sort over and above those of the foot enumerated, were call’d with the first classis of the foot to the suffrage; or if these accorded not, then the second classis was call’d to them, but seldom or never any of the rest. Wherfore the people after the expulsion of the kings, growing impatient of this inequality, rested not till they had reduc’d the suffrage as it had bin in the comitia curiata to the whole people again: but in another way, that is to say, by the comitia tributa, which thereupon were instituted, being a council where the people in exigencys made laws without the senat; which laws were call’d phlebiscita. This council is that in regard wherof Cicero and other great wits so frequently inveigh against the people, and somtimes even Livy, as at the first‡ institution of it. To say the truth, it was a kind of anarchy, wherof the people could not be excusable, if there had not, thro the courses taken by the senat, bin otherwise a necessity that they must have seen the commonwealth run into oligarchy.

Sigonius.The manner how the comitia curiata, centuriata or tributa, were call’d, during the time of the commonwealth, to the suffrage, was by lot: the curia, century, or tribe, whereon the first lot fell, being stil’d principium, or the prerogative; and the other curiæ, centurys or tribes, whereon the second, third, and fourth lots, & c. fell, the jure vocatæ: From henceforth not the first classis, as in the times of Servius, but the prerogative, whether curia, century, or tribe, came first to the suffrage, whose vote was call’d omen prærogativum, and seldom fail’d to be leading to the rest of the tribes. The jure vocatæ in the order of their lots came next: the manner of giving suffrage was, by casting wooden tablets, mark’d for the affirmative or the negative, into certain urns standing upon a scaffold, as they march’d over it in files; which for the resemblance it bore, was call’d the bridg. The candidat or competitor, who had most suffrages in a curia, century, or tribe, was said to have that curia, century, or tribe; and he who had most of the curiæ, centurys, or tribes, carry’d the magistracy.

These three places being premis’d, as such upon which there will be frequent reflection, I com to the narrative, divided into two parts, the first containing the institution, the second the constitution of the commonwealth; in each wherof I shall distinguish the orders, as those which contain the whole model, from the rest of the discourse, which tends only to the explanation or proof of them.

Institution of the commonwealth.In the institution or building of a commonwealth, the first work (as that of builders) can be no other than fitting and distributing the materials.

Divisions of the people.The materials of a commonwealth are the people; and the people of Oceana were distributed by casting them into certain divisions, regarding their quality, their age, their wealth, and the places of their residence or habitation, which was don by the insuing orders.

1 Order. Into freemen and servants.The first ORDER distributes the people into freemen or citizens, and servants, while such; for if they attain to liberty, that is, to live of themselves, they are freemen or citizens.

This order needs no proof, in regard of the nature of servitude, which is inconsistent with freedom, or participation of government in a commonwealth.

2 Order. Into youth and elders.The second ORDER distributes citizens into youth and elders (such as are from 18 years of age to 30, being accounted youth; and such as are of 30 and upwards, elders) and establishes that the youth shall be the marching armys, and the elders the standing garisons of this nation.

A commonwealth whose arms are in the hands of her servants, had need be situated (as is elegantly said of Venice by*Contarini) out of the reach of their clutches; witness the danger run by that of Carthage in the rebellion of Spendius and Matho. But tho a city (if one swallow makes a summer) may thus chance to be safe, yet shall it never be great; for it Carthage or Venice acquir’d any fame in their arms, it is known to have happen’d thro the mere virtue of their captains, and not of their orders: wherefore Israel, Lacedemon, and Rome intail’d their arms upon the prime of their citizens, divided (at least in Lacedemon and Rome) into youth and elders; the youth for the field, and the elders for defence of the territory.

3 Order. Into horse and foot.The third ORDER distributes the citizens into horse and foot by the cense or valuation of their estates; they who have above one hundred pounds a year in lands, goods, or monys, being oblig’d to be of the horse; and they who have under that sum, to be of the foot. But if a man has prodigally wasted and spent his patrimony, he is neither capable of magistracy, office, or suffrage in the commonwealth.

Citizens are not only to defend the commonwealth, but according to their abilitys, as the Romans under Servius Tullus (regard had to their estates) were som inrol’d in the horse centurys, and others of the foot, with arms injoin’d accordingly; nor could it be otherwise in the rest of the commonwealths, tho out of historical remains, that are so much darker, it be not so clearly probable. And the necessary prerogative to be given by a commonwealth to estates, is in som measure in the nature of industry, and the use of it to the public.§The Roman people, saysJulius Exuperantius,were divided into classes, and tax’d according to the value of their estates. All that were worth the sums appointed were imploy’d in the wars; for they most eagerly contend for the victory, who fight for liberty in defence of their country and possessions. But the poorer sort were pol’d only for their heads (which was all they had) and kept in garison at home in time of war: for these might betray the armys for bread, by reason of their poverty; which is the reason thatMarius,to whom the care of the government ought not to have bin committed, was the first that led ’em into the field; and his success was accordingly. There is a mean in things; as exorbitant riches overthrow the balance of a commonwealth, so extreme poverty cannot hold it, nor is by any means to be trusted with it. The clause in the order concerning the prodigal is Athenian, and a very laudable one; for he that could not live upon his patrimony, if he coms to touch the public mony, makes a commonwealth bankrupt.

4 Order. Into parishes, hundreds, and tribes.The fourth ORDER distributes the people according to the places of their habitation, into parishes, hundreds, and tribes.

For except the people be methodically distributed, they cannot be methodically collected; but the being of a commonwealth consists in the methodical collection of the people: wherfore you have the Israelitish divisions into rulers of thousands, of hundreds, of fiftys, and of tens; and of the whole commonwealth into tribes: the Laconic into obas, moras, and tribes; the Roman into tribes, centurys, and classes; and somthing there must of necessity be in every government of the like nature; as that in the late monarchy, by countys. But this being the only institution in Oceana (except that of the agrarian) which requir’d any charge or included any difficulty, engages me to a more particular description of the manner how it was perform’d, as follows.

The use and method of the surveyors.A thousand surveyors commissionated and instructed by the lord Archon and the council, being divided into two equal numbers, each under the inspection of two surveyors general, were distributed into the northern and southern parts of the territory, divided by the river Hemisua, the whole wherof contains about ten thousand parishes, som ten of those being assign’d to each surveyor: for as to this matter there needed no great exactness, it tending only (by shewing whither every one was to repair, and wherabout to begin) to the more orderly carrying on of the work; the nature of their instructions otherwise regarding rather the number of the inhabitants, than of the parishes. The surveyors therfore being every one furnish’d with a convenient proportion of urns, balls and balloting boxes (in the use wherof they had bin formerly exercis’d) and now arriving each at his respective parishes, began with the people, by teaching them their first lesson, which was the ballot; and tho they found them in the beginning somewhat forward as at toys, with which (while they were in expectation of greater matters from a council of legislators) they conceiv’d themselves to be abus’d, they came within a little while to think them pretty sport, and at length such as might very soberly be us’d in good earnest: wherupon the surveyors began the institution included in

5 Order. Institution of the parishes, of the ballot, and of the deputys.The first ORDER, requiring, That upon the first Monday next insuing the last of December, the bigger bell in every parish throout the nation be rung at eight of the clock in the morning, and continue ringing for the space of one hour; and that all the elders of the parish respectively repair to the church, before the bell has don ringing; where dividing themselves into two equal numbers, or as near equal as may be, they shall take their places according to their dignitys (if they be of divers qualitys) and according to their seniority (if they be of the same) the one half on the one side, and the other half on the other, in the body of the church: which don, they shall make oath to the overseers of the parish for the time being (instead of these the surveyors were to officiat at the institution or first assembly) by holding up their hands, to make a fair election according to the laws of the ballot, as they are hereafter explain’d, of such persons, amounting to a fifth part of their whole number, to be their deputys, and to exercise their power in manner hereafter explain’d, as they shall think in their consciences to be fittest for that trust, and will acquit themselves of it to the best advantage of the commonwealth. And oath being thus made, they shall procede to election, if the elders of the parish amount to one thousand by the ballot of the tribe (as it is in due place explain’d) and if the elders of the parish amount to fifty or upwards, but within the number of one thousand, by the ballot of the hundred (as it is in due place explain’d). But if the elders amount not to fifty, then they shall procede to the ballot of the parish, as it is in this place, and after this manner explain’d. The two overseers for the time being shall seat themselves at the upper end of the middle ally, with a table before them, their faces being towards the congregation: and the constable for the time being shall set an urn before the table, into which he shall put so many balls as there be elders present, wherof there shall be one that is gilded, the rest being white; and when the constable has shaken the urn, sufficiently to mix the balls, the overseers shall call the elders to the urn, who from each side of the church shall com up the middle ally in two files, every man passing by the urn, and drawing out one ball; which if it be silver, he shall cast into a bowl standing at the foot of the urn, and return by the outward ally on his side to his place. But he who draws the golden ball is the proposer, and shall be seated between the overseers, where he shall begin in what order he pleases, and name such as (upon his oath already taken) he conceives fittest to be chosen, one by one, to the elders; and the party nam’d shall withdraw while the congregation is ballotting hisname by the double box or boxes appointed and mark’d on the outward part, to shew which side is affirmative and which negative, being carry’d by a boy or boys appointed by the overseers, to every one of the elders, who shall hold up a pellet made of linen rags between his finger and his thumb, and put it after such a manner into the box, as tho no man can see into which side he puts it, yet any man may see that he puts in but one pellet or suffrage. And the suffrage of the congregation being thus given, shall be return’d with the box or boxes to the overseers, who opening the same, shall pour the affirmative balls into a white bowl standing upon the table on the right hand, to be number’d by the first overseer; and the negative into a green bowl standing on the left hand, to be number’d by the second overseer: and the suffrages being number’d, he who has the major part in the affirmative is one of the deputys of the parish: and when so many deputys are chosen as amount to a full fifth part of the whole number of the elders, the ballot for that time shall cease. The deputys being chosen are to be listed by the overseers in order as they were chosen, except only that such as are horse must be listed in the first place with the rest, proportionable to the number of the congregation, after this manner:

Anno Dom.

THE first and second in the list are overseers by consequence: the third is the constable, and the fourth and fifth are churchwardens; the persons so chosen are deputys of the parish for the space of one year from their election, and no longer; nor may they be elected two years together. This list being the primum mobile, or first mover of the commonwealth, is to be register’d in a book diligently kept and preserv’d by the overseers, who are responsible in their places for these and other dutys to be hereafter mentioned, to the censors of the tribe: and the congregation is to observe the present order, as they will answer the contrary to the phylarch, or prerogative troop of the tribe; which, in case of failure in the whole or any part of it, have power to fine them or any of them at discretion, but under an appeal to the parliament.

For proof of this order; first, in reason: it is with all politicians past dispute, that paternal power is in the right of nature; and this is no other than the derivation of power from fathers of familys, as the natural root of a commonwealth. And for experience, if it be otherwise in that of Holland, I know no other example of the like kind.Jos. 24. 1. In Israel, the soverain power came clearly from the natural root, the elders of the whole people; and Rome was born (comitiis curiatis) in her parochial congregations, out of which Romulus first rais’d her senat, then all the rest of the orders of that commonwealth, which rose so high: for the depth of a commonwealth is the just height of it.

• *She raises up her head unto the skys,
• Near as her root unto the center lys.

And if the commonwealth of Rome was born of thirty parishes, this of Oceana was born of ten thousand. But wheras mention in the birth of this is made of an equestrian order, it may startle such as know that the division of the people of Rome, at the institution of that commonwealth into orders, was the occasion of its ruin. The distinction of the patrician as a hereditary order from the very institution, ingrossing all the magistracys, was indeed the destruction of Rome; but to a knight or one of the equestrian order, says Horace,

• Si quadringentis sex septem millia desunt,
• Plebs eris.

By which it should seem that this order was not otherwise hereditary than a man’s estate, nor did it give any claim to magistracy; wherfore you shall never find that it disquieted the commonwealth; nor dos the name denote any more in Oceana, than the duty of such a man’s estate to the public.

But the surveyors both in this place and in others, forasmuch as they could not observe all the circumstances of this order, especially that of the time of election, did for the first as well as they could; and, the elections being made and register’d, took each of them copys of those lists which were within their allotments; which don they produc’d

6 Order. Of ordination, a national religion, and liberty of conscience.The sixth ORDER, directing, in case a parson or vicar of a parish coms to be remov’d by death or by the censors, that the congregation of the parish assemble and depute one or two elders by the ballot, who upon the charge of the parish shall repair to one of the universitys of this nation with a certificat sign’d by the overseers, and addrest to the Vice-Chancellor: which certificat giving notice of the death or removal of the parson or vicar, of the value of the parsonage or vicarage, and of the desire of the congregation to receive a probationer from that university, the Vice-Chancellor upon the receit therof shall call a convocation, and having made choice of a fit person, shall return him in due time to the parish, where the person so return’d shall return the full fruits of the benefice or vicarage, and do the duty of the parson or vicar, for the space of one year, as probationer: and that being expir’d, the congregation of the elders shall put their probationer to the ballot: and if he attains not to two parts in three of the suffrage affirmative, he shall take his leave of the parish, and they shall send in like manner as before for another probationer; but if their probationer obtains two parts in three of the suffrage affirmative, he is then pastor of that parish. And the pastor of the parish shall pray with the congregation, preach the word, and administer the sacraments to the same, according to the directory to be hereafter appointed by the parliament. Nevertheless such as are of gather’d congregations, or from time to time shall join with any of them, are in no wise oblig’d to this way of electing their teachers, or to give their votes in this case, but wholly left to the liberty of their own consciences, and to that way of worship which they shall chuse, being not Popish, Jewish, or idolatrous.And to the end they may be the better protected by the state in the exercise of the same, they are desir’d to make choice, in such manner as they best like, of certain magistrats in every one of their congregations, which we could wish might be four in each of them, to be auditors in cases of differences of distast, if any thro variety of opinions, that may be grievous or injurious to them, shall fall out. And such auditors or magistrats shall have power to examin the matter, and inform themselves, to the end that if they think it of sufficient weight, they may acquaint the phylarch with it, or introduce it into the council of religion; where all such causes as those magistrats introduce, shall from time to time be heard and determin’d according to such laws as are or shall hereafter be provided by the parlament for the just defeuce of the liberty of conscience.

This order consists of three parts, the first restoring the power of ordination to the people, which, that it originally belongs to them, is clear, tho not in English yet in Scripture, where the apostles ordain’d elders by the holding up of hands in every congregation, that is, by the suffrage of the people, which was also giver.Acts 14. 23. in som of those citys by the ballot. And tho it may be shewn that the apostles ordain’d som by the laying on of hands, it will not be shewn that they did so in every congregation.

Excommunication, as not clearly provable out of the scripture, being omitted, the second part of the order implys and establishes a national religion: for there be degrees of knowlege in divine things; true religion is not to be learnt without searching the Scripture: the Scriptures cannot be search’d by us unless we have them to search: and if we have nothing else, or (which is all one) understand nothing else but a translation, we may be (as in the place alleg’d we have bin) beguil’d or misled by the translation, while we should be searching the true sense of the Scripture, which cannot be attain’d in a natural way (and a commonwealth is not to presume upon that which is supernatural) but by the knowlege of the original and of antiquity, acquir’d by our own studys, or those of som others, for even faith coms by hearing. Wherfore a commonwealth not making provision of men from time to time, knowing in the original languages wherin the Scriptures were written, and vers’d in those antiquitys to which they so frequently relate, that the true sense of them depends in great part upon that knowlege, can never be secure that she shall not lose the Scripture, and by consequence her religion; which to preserve she must institut som method of this knowlege, and som use of such as have acquir’d it, which amounts to a national religion.

The commonwealth having thus perform’d her duty towards God, as a rational creature, by the best application of her reason to Scripture, and for the preservation of religion in the purity of the same, yet pretends not to infallibility, but coms in the third part of the order, establishing liberty of conscience according to the instructions given to her council of religion, to raise up her hands to heaven for further light; in which proceding she follows that (as was shewn in the preliminarys) of Israel, who tho her national religion was always a part of her civil law, gave to her prophets the upper hand of all her orders.

Definition of a parish.But the surveyors having now done with the parishes, took their leaves; so a parish is the first division of land occasion’d by the first collection of the people of Oceana, whose function proper to that place is compriz’d in the six preceding orders.

Institution of the hundred.The next step in the progress of the surveyors was to a meeting of the nearest of them, as their work lay, by twentys; where conferring their lists, and computing the deputys contain’d therin, as the number of them in parishes, being nearest neighbors, amounted to one hundred, or as even as might conveniently be brought with that account, they cast them and those parishes into the precinct which (be the deputys ever since more or fewer) is still call’d the hundred: and to every one of these precincts they appointed a certain place, being the most convenient town within the same, for the annual rendevouz; which don, each surveyor returning to his hundred, and summoning the deputys contain’d in his lists to the rendevouz, they appear’d and receiv’d

7 Order.The seventh ORDER, requiring, That upon the first Monday next insuing the last of January, the deputys of every parish annually assemble in arms at the rendevouz of the hundred, and there elect out of their number one justice of the peace, one juryman, one captain, one ensign of their troop or century, each of these out of the horse; and one juryman, one crowner, one high constable, out of the foot; the election to be made by the ballot in this manner. The jurymen for the time being are to be overseers of the ballot (instead of these, the surveyors are to officiat at the first assembly) and to look to the performance of the same according to what was directed in the ballot of the parishes, saving that the high constable setting forth the urn, shall have five several sutes of gold balls, and one dozen of every sute; wherof the first shall be mark’d with the letter A, the second with the letter B, the third with C, the fourth with D, and the fifth with E: and of each of these sutes he shall cast one ball into his hat, or into a little urn, and shaking the balls together, present them to the first overseer, who shall draw one, and the sute which is so drawn by the overseer, shall be of use for that day, and no other: for example, if the overseer drew an A, the high constable shall put seven gold balls mark’d with the letter A into the urn, with so many silver ones as shall bring them even with the number of the deputys, who being sworn, as before, at the ballot of the parish to make a fair election, shall be call’d to the urn; and every man coming in manner as was there shew’d, shall draw one ball, which if it be silver, he shall cast it into a bowl standing at the foot of the urn, aad return to his place; but the first that draws a gold ball (shewing it to the overseers, who, if it has not the letter of the present ballot, have power to apprehend and punish him) is the first elector, the second the second elector, and so to the seventh; which order they are to observe in their function. The electors as they are drawn shall be plac’d upon the bench by the overseers, till the whole number be complete, and then be conducted, with the list of the officers to be chosen, into a place apart, where being privat, the first elector shall name a person to the first office in the list; and if the person so nam’d, being balloted by the rest of the electors, attains not to the better half of the suffrages in the affirmative, the first elector shall continue nominating others, till one of them so nominated by him attains to the plurality of the suffrages in the affirmative, and be written first competitor to the first office. This don, the second elector shall observe in his turn the like order; and so the rest of the electors, naming competitors each to his respective office in the list, till one competitor be chosen to every office: and when one competitor is chosen to every office, the first elector shall begin again to name a second competitor to the first office, and the rest successively shall name to the rest of the offices till two competitors be chosen to every office; the like shall be repeated till three competitors be chosen to every office. And when three competitors are chosen to every office, the list shall bereturn’d to the overseers, or such as the overseers, in case they or either of them happen’d to be electors, have substituted in his or their place or places: and the overseers or substitutes having caus’d the list to be read to the congregation, shall put the competitors, in order as they are written, to the ballot of the congregation: and the rest of the proceedings being carry’d on in the manner directed in the fifth order, that competitor, of the three written to each office, who has most of the suffrages above half in the affirmative, is the officer. The list being after this manner completed, shall be entred into a register, to be kept at the rendevouz of the hundred, under inspection of the magistrats of the same, after the manner following:

Anno Domini.

THE list being enter’d, the high constable shall take three copys of the same, wherof he shall presently return one to the lord high sheriff of the tribe, a second to the lord custos rotulorum, and a third to the censors; or these, thro the want of such magistrats at the first muster, may be return’d to the orator, to be appointed for that tribe. To the observation of all and every part of this order, the officers and deputys of the hundred are all and every of them oblig’d, as they will answer it to the phylarch, who has power in case of failure in the whole or any part, to fine all or any of them so failing at discretion, or according to such laws as shall hereafter be provided in that case; but under an appeal to the parlament.

There is little in this order worthy of any further account, but that it answers to the rulers of hundreds in Israel, to the mora or military part of the tribe in Lacedemon, and to the century in Rome. The jurymen, being two in a hundred, and so forty in a tribe, give the latitude allow’d by the law for exceptions. And wheras the golden balls at this ballot begin to be mark’d with letters, wherof one is to be drawn immediatly before it begins; this is to the end that the letter being unknown, men may be frustrated of tricks or foul play, wheras otherwise a man may bring a golden ball with him, and make as if he had drawn it out of the urn. The surveyors, when they had taken copys of these lists, had accomplish’d their work in the hundreds.

Definition of the hundred.So a hundred is the second division of land occasion’d by the second collection of the people, whose civil and military functions proper to this place are compriz’d in the foregoing order.

Having stated the hundreds, they met once again by twentys, where there was nothing more easy than to cast every twenty hundreds, as they lay most conveniently together, into one tribe; so the whole territory of Oceana, consisting of about ten thousand parishes, came to be cast into one thousand hundreds, and into fifty tribes.Institution of the tribe. In every tribe at the place appointed for the annual rendevouz of the same, were then, or soon after, begun those buildings which are now call’d pavilions; each of them standing with one open side upon fair columns, like the porch of som antient temple, and looking into a field, capable of the muster of som four thousand men:Of the pavilion. before each pavilion stand three pillars sustaining urns for the ballot, that on the right-hand equal in height to the brow of a horsman, being call’d the horse urn; that on the left-hand, with bridges on either side to bring it equal in height with the brow of a footman, being call’d the foot urn; and the middle urn with a bridg on the side towards the foot urn, the other side, as left for the horse, being without one: and here ended the whole work of the surveyors, who return’d to the lord Archon with this

This is no great matter of charge for the building of a commonwealth, in regard that it has cost (which was pleaded by the surveyors) as much to rig a few ships. Nevertheless that proves not them to be honest, nor their account to be just; but they had their mony for once, tho their reckoning be plainly guilty of a crime, to cost him his neck that commits it another time, it being impossible for a commonwealth (without an exact provision that it be not abus’d in this kind) to subsist: for if no regard should be had of the charge (tho that may go deep) yet the debauchery and corruption, wherto, by negligence in accounts, it infallibly exposes its citizens, and therby lessens the public faith, which is the nerve and ligament of government, ought to be prevented. But the surveyors being dispatch’d, the lord Archon was very curious in giving names to his tribes, which having caus’d to be written in scrols cast into an urn, and presented to the counsillors, each of them drew one, and was accordingly sent to the tribe in his lot, as orators of the same, a magistracy no otherwise instituted, than for once and pro tempore, to the end that the council upon so great an occasion might both congratulat with the tribes, and assist at the first muster in som things of necessity to be differently carry’d from the establish’d administration, and future course of the commonwealth.

The orators being arriv’d, every one as soon as might be, at the rendevouz of his tribe, gave notice to the hundreds, and summon’d the muster, which appear’d for the most part upon good horses, and already indifferently well arm’d; as to instance in one for all, the tribe of Nubia, where Hermes de Caduceo, lord orator of the same, after a short salutation and a hearty welcom, apply’d himself to his business, which began with

8 Order.The eighth ORDER, requiring, That the lord high sheriff as commander in chief, and the lord Custos Rotulorum as mustermaster of the tribe (or the orator for the first muster) upon reception of the lists of their hundreds, return’d to them by the high constables of the same, presently cause them to be cast up, dividing the horse from the foot, and listing the horse by their names in troops, each troop containing about a hundred in number, to be inscrib’d, first, second or third troop, &c. according to the order agreed upon by the said magistrats: which don, they shall list the foot in like manner, and inscribe the companys in like order. These lists upon the eve of the muster shall be deliver’d to certain trumpeters and drummers, wherof there shall be fifteen of each sort (as well for the present as otherwise to be hereafter mentioned) stipendiated by the tribe. And the trumpeters and drummers shall be in the field before the pavilion, upon the day of the muster, so soon as it is light, where they shall stand every one with his list in his hand, at a due distance, placed according to the order of the list; the trumpeters with the lists of the horse on the right hand, and the drummers with the lists of the foot on the left hand: where having sounded a while, each of them shall begin to call, and continue calling the names of the deputys, as they com into the field, till both the horse and foot be gather’d by that means into their due order. The horse and foot being in order, the lord lieutenant of the tribe shall cast so many gold balls mark’d with the figures, 1, 2, 3, 4, &c. as there be troops of horse in the field, together with so many silver balls as there be companys, mark’d in the same manner, into a little urn, to which he shall call the captains; and the captains drawing the gold balls shall command the horse, and those that draw the silver the foot, each in the order of his lot. The like shall be don by the conductor at the same time for the ensigns at another urn; and they that draw the gold balls shall be cornets, the rest ensigns.

This order may puzzle the reader, but tends to a wonderful speed of the muster, to which it would be a great matter to lose a day in ranging and martialling, wheras by virtue of this the tribe is no sooner in the field than in battalia, nor sooner in battalia than call’d to the urns or the ballot by virtue of

9 Order.The ninth ORDER, wherby the censors (or the orator for the first muster) upon reception of the lists of the hundreds from the high constables, according as is directed by the seventh order, are to make their notes for the urns beforehand, with regard had to the lists of the magistrats, to be elected by the ensuing orders, that is to say, by the first list call’d the prime magnitude, six; and by the second call’d the galaxy, nine. Wherfore the censors are to put into the middle urn for the election of the first list twenty four gold balls, with twenty six blanks or silver balls, in all sixty; and into the side urns sixty gold balls divided into each according to the different number of the horse and foot: that is to say, if the horse and the foot be equal, equally; and if the horse and the foot be inequal, inequally, by an arithmetical proportion. The like shall be don the second day of the muster, for the second list, except that the censors shall put into the middle urn 36 gold balls with 24 blanks, in all sixty; and sixty gold balls into the side urns, divided respectively into the number of the horse and the foot: and the gold balls in the side urns at either ballot are by the addition of blanks to be brought even with the number of the ballotants at either urn respectively. The censors having prepar’d their notes, as has bin shewn, and being com at the day appointed into the field, shall present a little urn to the lord high sheriff, who is to draw twice for the letters to be us’d that day, the one at the side urns, and the other at the middle. And the censors having fitted the urns accordingly, shall place themselves in certain movable seats or pulpits (to be kept for that use in the pavilion) the first censor before the horse urn, the second before the foot urn, the lord lieutenant doing the office of censor pro tempore at the middle urn; where all and every one of them shall cause the laws of the ballot to be diligently observ’d, taking a special care that no man be suffer’d to com above once to the urn, (wherof it more particularly concerns the subcensors, that is to say, the overseers of every parish, to be careful; they being each in this regard responsible for their respective parishes) or to draw above one ball, which if it be gold, he is to present to the censor, who shall look upon the letter; and if it be not that of the day, and of the respective urn, apprehend the party, who for this or any other like disorder, is obnoxious to the phylarch.

This order being observ’d by the censors, it is not possible for the people, if they can but draw the balls, tho they understand nothing at all of the ballot, to be out. To philosophize further upon this art, tho there be nothing more rational, were not worth the while; because in writing it will be perplex’d, and the first practice of it gives the demonstration: whence it came to pass, that the orator, after some needless pains in the explanation of the two foregoing orders, betaking himself to exemplify the same, found the work don to his hand; for the tribe, as eager upon a business of this nature, had retain’d one of the surveyors, out of whom (before the orator arriv’d) they had got the whole mystery by a stoln muster, at which in order to the ballot they had made certain magistrats pro tempore. Wherfore he found not only the pavilion (for this time a tent) erected with three posts, supplying the place of pillars to the urns; but the urns being prepar’d with a just number of balls for the first ballot, to becom the field, and the occasion very gallantly, with their covers made in the manner of helmets, open at either ear to give passage to the hands of the ballotants, and flanting with noble plumes to direct the march of the people. Wherfore he proceeded to

10 Order.The tenth ORDER, requiring of the deputys of the parishes, That upon every Monday next ensuing the last of February, they make their personal appearance, horse and foot in arms accordingly, at the rendevouz of the tribe; where being in disciplin, the horse upon the right, and the foot upon the left, before the pavilion, and having made oath by holding up their hands upon the tender of it by the lord high sheriff, to make election without favour, and of such only as they shall judg fittest for the commonwealth: the conductor shall take three balls, the one inscrib’d with these words [outward files] another with these words [inward files] and the third with these [middle files] which balls he shall cast into a little urn, and present it to the lord high sheriff, who drawing one, shall give the words of command, as they are therupon inscrib’d, and the ballot shall begin accordingly. For example, if the ball be inscrib’d middle files, the ballot shall begin by the middle; that is, the two files that are middle to the horse, shall draw out first to the horse urn, and the two files that are middle to the foot, shall draw out first to the foot urn, and be follow’d by all the rest of the files as they are next to them in order. The like shall be don by the inward, or by the outward files, in case they be first call’d. And the files, as every man has drawn his ball, if it be silver, shall begin at the urn to countermarcb to their places; but he that has dxawn a gold ball at a side urn, shall procede to the middle urn, where if the ball he draws be silver, he shall also countermarch: but if it be gold, he shall take his place upon a form set cross the pavilion, with his face toward the lord high sheriff, who shall be seated in the middle of the pavilion, with certain clercs by him, one of which shall write down the names of every elector, that is, of every one that drew a gold ball at the middle urn, and in the order his ball was drawn, till the electors amount to six in number. And the first six electors, horse and foot promiscuously, are the first order of electors; the second six (still accounting them as they are drawn) the second order; the third six, the third order; and the fourth six, the fourth order of electors: every elector having place in his order, according to the order wherein he was drawn. But so soon as the first order of electors is complete, the lord high sheriff shall send them with a copy of the following list, and a clerc that understands the ballot, immediatly to a little tent standing before the pavilion in his ey, to which no other person but themselves, during the election, shall approach. The list shall be written in this manner:

Anno Domini.

If it be objected against this order, that the magistrats to be elected by it, will be men of more inferior rank than those of the hundreds, in regard that those are chosen first; it may be remember’d, that so were the burgesses in the former government, nevertheless the knights of the shire were men of greater quality: and the election at the hundred is made by a council of electors, of whom less cannot be expected than the discretion of naming persons fittest for those capacitys, with an ey upon these to be elected at the tribe. As for what may be objected in point of difficulty, it is demonstrable by the foregoing orders, that a man might bring ten thousand men (if there were occasion) with as much ease, and as suddenly to perform the ballot, as he can make five thousand men (drawing them out by double files) to march a quarter of a mile. But because at this ballot, to go up and down the field, distributing the linen pellets to every man, with which he is to ballot or give suffrage, would lose a great deal of time, therfore a man’s wife, his daughters, or others, make him his provision of pellets before the ballot; and he coms into the field with a matter of a score of them in his pocket. And now I have as good as don with the sport. The next is

11 Order. Functions of the magistrats of the prime magnitude.The eleventh ORDER, explaining the dutys and functions of the magistrats contain’d in the list of the prime magnitude: and those of the hundreds, beginning with the lord high sheriff, who, over and above his more antient offices, and those added by the former order, is the first magistrat of the phylarch, or prerogative troop. The lord lieutenant, over and above his duty mentioned, is commander in chief of the musters of the youth, and second magistrat of the phylarch. The custos rotulorum is to return the yearly muster-rolls of the tribe, as well that of the youth as of the elders, to the rolls in emporium, and is the third magistrat of the phylarch. The censors by themselves, and their subcensors, that is, the overseers of the parishes, are to see that the respective laws of the ballot be observ’d in all the popular assemblys of the tribe. They have power also to put such national ministers, as in preaching shell intermeddle with matters of government, out of their livings: except the party appeals to the phylarch, or to the council of religion, where in that case the censors shall prosecute. All and every one of these magistrats, together with the justices of peace, and the jurymen of the hundreds, amounting in the whole number to threescore and six, are the prerogative troop or phylarch of the tribe.

THE function of the phylarch or prerogative troop is fivesold.

Functions of the phylarch.First, They are the council of the tribe, and as such to govern the musters of the same according to the foregoing orders, having cognizance of what has past in the congregation or elections made in the parishes or the hundreds, with power to punish any undue practices, or variation from their respective rules and orders, under an appeal to the parlament. A marriage legitimatly is to be pronounc’d by the parochial congregation, the muster of the hundred, or the phylarch. And if a tribe have a desire (which they are to express at the muster by their captains, every troop by his own) to petition the parlament, the phylarch, as the counsil, shall frame the petition in the pavilion, and propose it by clauses to the ballot of the whole tribe; and the clauses that shall be affirm’d by the ballot of the tribe, and sign’d by the hands of the six magistrats of the prime magnitude, shall be receiv’d and esteem’d by the parlament as the petition of the tribe, and no other.

Secondly, The phylarch has power to call to their assistance what other troops of the tribe they please (be they elders or youth, whose disciplin will be hereafter directed) and with these to receive the judges itinerant in their circuits, whom the magistrats of the phylarch shall assist upon the bench, and the jurys elsewhere in their proper functions according to the more antient laws and customs of this nation.

Thirdly, The phylarch shall hold the court called the quarter sessions according to the antient custom, and therin shall also hear causes in order to the protection of liberty of conscience, by such rules as are or shall hereafter be appointed by the parlament.

Fourthly, All commissions issu’d into the tribes by the parlament, or by the chancery, are to be directed to the phylarch, or som of that troop, and executed by the same respectively.

Fifthly, In the case of levys of mony the parlament shall tax the phylarchs, the phylarchs shall tax the hundreds, the hundreds the parishes, and the parishes shall levy it upon themselves. The parishes having levy’d the tax-mony, accordingly shall return it to the officers of the hundreds, the hundreds to the phylarchs, and the phylarchs to the Exchequer. But if a man has ten children living, he shall pay no taxes; if he has five living, he shall pay but half taxes; if he has bin marry’d three years, or be above twenty five years of age, and has no child or children lawfully begotten, he shall pay double taxes. And if there happen to grow any dispute upon these or such other orders as shall or may hereto be added hereafter, the phylarchs shall judg the tribes, and the parlament shall judg the phylarchs. For the rest, if any man shall go about to introduce the right or power of debate into any popular council or congregation of this nation, the phylarch or any magistrat of the hundred, or of the tribe, shall cause him presently to be sent in custody to the council of war.

Institution of the roll call’d the pillar of Nilus.The part of the order relating to the rolls in Emporium being of singular use, is not unworthy to be somwhat better open’d. In what manner the lists of the parishes, hundreds, and tribes are made, has bin shewn in their respective orders, where after the partys are elected, they give an account of the whole number of the elders or deputys in their respective assemblys or musters; the like for this part exactly is don by the youth in their disciplin (to be hereafter shewn) wherfore the lists of the parishes, youth and elders, being sum’d up, give the whole number of the people able to bear arms; and the lists of the tribes, youth and elders, being sum’d up, give the whole number of the people bearing arms. This account, being annually recorded by the master of the rolls, is call’d the pillar of Nilus, because the people being the riches of the commonwealth, as they are found to rise or fall by the degrees of this pillar, like that river, give an account of the public harvest.

Thus much for the description of the first day’s work at the muster, which happen’d, as has bin shewn, to be done as soon as said: for as in practice it is of small difficulty, so requires it not much time, seeing the great council of Venice, consisting of a like number, begins at twelve of the clock, and elects nine magistrats in one afternoon. But the tribe being dismist for this night, repair’d to their quarters, under the conduct of their new magistrats. The next morning returning to the field very early, the orator proceded to

12 Order. Institution of the galaxy.The twelfth ORDER, directing the muster of the tribe in the second day’s election, being that of the list call’d the galaxy; in which the censors shall prepare the urns according to the directions given in the ninth order for the second ballot; that is to say, with 36 gold balls in the middle urn, making four orders, and nine electors in every order, according to the number of the magistrats in the list of the galaxy, which is as follows:

THE rest of the ballot shall procede exactly according to that of the first day. But forasmuch as the commonwealth demands as well the fruits of a man’s body as of his mind, he that has not bin marry’d shall not be capable of these magistracys till he be marry’d. If a deputy, already chosen to be an officer in the parish, in the hundred, or in the tribe, be afterwards chosen of the galaxy, it shall be lawful for him to delegat his office in the parish, in the hundred, or in the tribe, to any one of his own order, being not already chosen into office. The knights and deputys being chosen, shall be brought to the head of the tribe by the lord high sheriff, who shall administer to them this oath; Ye shall well and truly observe and keep the orders and customs of this commonwealth which the people have chosen. And if any of them shall refuse the oath, he shall be rejected, and that competitor which had the most voices next shall be call’d, in his place; who if he takes the oath shall be entered in the list; but if he also refuses the oath, he who had most voices next shall be call’d, and so till the number of nine out of those competitors which had most voices be sworn knights and deputys of the galaxy. [This clause, in regard of the late divisions, and to the end that no violence be offer’d to any man’s conscience, to be of force but for the first three years only.] The knights of the galaxy being elected and sworn, are to repair, by the Monday next insuing the last of March, to the pantheon or palace of justice, situated in the metropolis of this commonwealth (except the parlament, by reason of a contagious sickness, or som other occasion, has adjourn’d to another part of the nation) where they are to take their places in the senat, and continue in full power and commission as senators for the full term of three years next insuing the date of their election. The deputys of the galaxy are to repair by the same day (except as before excepted) to the halo situated in Emporium, where they are to be listed of the prerogative tribe, or equal representative of the people; and to continue in full power and commission as their deputys for the full term of three years next insuing their election. But forasmuch as the term of every magistracy or office in this commonwealth requires an equal vacation, a knight or deputy of the galaxy, having fulfill’d his term of three years, shall not be reelected into the same galaxy, or any other, till he has also fulfill’d his three years vacation.

Whoever shall rightly consider the foregoing orders, will be as little able to find how it is possible, that a worshipful knight should declare himself in ale and beef worthy to serve his country, as how my lord high sheriff’s honour, in case he were protected from the law, could play the knave. But tho the foregoing orders, so far as they regard the constitution of the senat and the people, requiring no more as to an ordinary election than is therin explain’d, that is but one third part of their knights and deputys, are perfect; yet must we in this place, and as to the institution, of necessity erect a scaffold. For the commonwealth to the first creation of her councils in full number, requir’d thrice as many as are eligible by the foregoing orders. Wherfore the orator, whose aid in this place was most necessary, rightly informing the people of the reason, staid them two days longer at the muster, and took this course. One list containing two knights and seven deputys, he caus’d to be chosen upon the second day; which list being call’d the first galaxy, qualify’d the partys elected of it with power for the term of one year and no longer: another list containing two knights and seven deputys more, he caus’d to be chosen the third day, which list being call’d the second galaxy, qualify’d the partys elected of it with power for the term of two years and no longer. And upon the fourth day he chose the third galaxy, according as it is directed by the order, impower’d for three years; which lists successively falling (like the sign: or constellations of one hemisphere, which setting, cause those of the other to rise) cast the great orbs of this commonwealth into an annual, triennial, and perpetual revolution.

The business of the muster being thus happily finish’d, Hermes de Caduceo, lord orator of the tribe of Nubia, being now put into her first rapture, caus’d one of the censors pulpits to be planted in front of the squadron, and ascending into the same, spake after this manner.

My lords, the magistrats and the people of the tribe of Nubia.

“WE have this day solemniz’d the happy nuptials of the two greatest princes that are upon the earth or in nature, arms and councils: in the mutual embraces wherof consists your whole commonwealth; whose councils upon their perpetual wheelings, marches, and countermarches, create her armys; and whose armys with the golden vollys of the ballot at once create and salute her councils. There be those (such is the world at present) that think it ridiculous to see a nation exercising its civil functions in military disciplin; while they, committing their buff to their servants, com themselves to hold trenchards. For what avails it such as are unarm’d, or (which is all one) whose education acquaints them not with the proper use of their swords, to be call’d citizens? What were two or three thousand of you, tho never so well affected to your country, but naked, to one troop of mercenary soldiers? If they should com upon the field and say, Gentlemen, It is thought fit that such and such men should be chosen by you; where were your liberty; Or, Gentlemen, parlaments are exceeding good, but you are to have a little patience, these times are not so fit for them; where were your commonwealth? What causes the monarchy of the Turcs but servants in arms? What was it that begot the glorious commonwealth of Rome, but the sword in the hands of her citizens? Wherfore my glad eys salute the serenity and brightness of this day with a showr that shall not cloud it. Behold the army of Israel becom a commonwealth, and the commonwealth of Israel remaining an army, with her rulers of tens and of fiftys, her rulers of hundreds and thousands, drawing near (as this day throout our happy fields) to the lot by her tribes, increas’d above threefold, and led up by her phylarchs or princes, to sit upon* fifty thrones, judging the fifty tribes of Oceana! Or, Is it Athens, breaking from her iron sepulcher, where she has bin so long trampled by hosts of janizarys? For certainly that is the voice of Theseus, having gather’d his scatter’d Athenians into one city.† This freeborn nation lives not upon the dole or bounty of one man, but distributing her annual magistracys and honours with her own hand, is herself king PEOPLE—at which the orator was a while interrupted with shouts, but at length proceded)—Is it grave Lacedemon in her arm’d tribe divided by her obæ and her mora, which appears to chide me that I teach the people to talk, or conceive such language as is drest like a woman, to be a fit usher of the joys of liberty into the hearts of men? Is it Rome in her victorious arms (for so she held her concio or congregation) that congratulats with us, for finding out that which she could not hit on, and binding up her comitia curiata, centuriata, and tributa, in one inviolable league of union? Or is it the great council of incomparable Venice, bowling forth by the self-same ballot her immortal commonwealth? For, neither by reason nor by experience is it impossible that a commonwealth should be immortal; seeing the people being the materials, never dy; and the form, which is motion, must, without opposition, be endless. The bowl which is thrown from your hand, if there be no rub, no impediment, shall never cease: for which cause the glorious luminarys that are the bowls of God, were once thrown for ever; and next these, those of Venice. But certainly, my lords, whatever these great examples may have shewn us, we are the first that have shewn to the world a commonwealth establish’d in her rise upon fifty such towers, and so garnizon’d as are the tribes of Oceana, containing a hundred thousand elders upon the annual list, and yet but an outguard; besides her marching armys to be equal in the disciplin, and in the number of her youth.

“And forasmuch as soverain power is a necessary but a formidable creature, not unlike the pouder which (as you are soldiers) is at once your safety and your danger, being subject to take fire against you as well as for you; how well and securely is she by your galaxys so collected as to be in full force and vigor, and yet so distributed that it is impossible you should be blown up by your own magazine? Let them who will have it, that power if it be confin’d cannot be soverain, tell us, whether our rivers do not enjoy a more secure and fruitful reign within their proper banks, than if it were lawful for them, in ravaging our harvests, to spill themselves? whether souls, not confin’d to their peculiar bodys, do govern them any more than those of witches in their trances? whether power, not confin’d to the bounds of reason and virtue, has any other bounds than those of vice and passion? or if vice and passion be boundless, and reason and virtue have certain limits, on which of these thrones holy men should anoint their soverain? but to blow away this dust, the soverain power of a commonwealth is no more bounded, that is to say straitned, than that of a monarch; but is balanc’d. The eagle mounts not to her proper pitch, if she be bounded; nor is free, if she be not balanc’d. And lest a monarch should think he can reach further with his scepter, the Roman eagle upon such a balance spread her wings from the ocean to Euphrates. Receive the soverain power; you have received it, hold it fast, imbrace it for ever in your shining arms. The virtue of the loadstone is not impair’d or limited, but receives strength and nourishment by being bound in iron. And so giving your lordships much joy, I take my leave of this tribe.”

The orator descending, had the period of his speech made with a vast applause and exultation of the whole tribe, attending him for that night to his quarter, as the phylarch with some commanded troops did the next day to the frontiers of the tribe, where leave was taken on both sides with more tears than grief.

Definition of the tribe.So, a tribe is the third division of land occasion’d by the third collection of the people, whose functions proper to that place are contain’d in the five foregoing orders.

The institution of the commonwealth was such as needed those props and scaffolds which may have troubled the reader; but I shall here take them away, and com to the constitution which stands by it self, and yields a clearer prospect.

Constitution of the commonwealth.The motions, by what has bin already shown, are spherical; and spherical motions have their proper center: for which cause (e’er I procede further) it will be necessary, for the better understanding of the whole, that I discover the center wherupon the motions of this commonwealth are form’d.

The center, or basis of every government, is no other than the fundamental laws of the same.

Fundamental laws are such as state what it is that a man may cal