THE Grounds and Reasons OF MONARCHY.
The First Part.

I HAVE often thought it strange, that among all the Govern­ments, either past or present, the Monarchical should so far in Extent and Number excede the Popular, as that they could never yet com into comparison. I could never be persuaded but it was more happy for a People to be dispos'd of by a number of Persons joint­ly interested and concern'd with them, than to be number'd as the Herd and Inheritance of One, to whose Lust and Madness they were absolutely subject; and that any Man of the weakest Reason and Generosity would not rather chuse for his Habitation that spot of Earth where there was access to Honor by Virtue, and no Worth could be excluded, rather than that where all Advancement should procede from the Will of one scarcely hearing and seeing with his own Organs, and gain'd for the most part by means leud and indirect: and all this in the end to amount to nothing else but a more splendid and dan­gerous Slavery. To clear this Point, I consider'd how inscrutably Pro­vidence carrys on the turns and stops of all Governments, so that most People rather found than made them. The Constitutions of Men, som not fit to be Masters of their Liberty, som not capable, som not willing; the Ambition of settled Tyrants, who breaking their own Bonds have brought in violent Alterations; and lastly, civil Discord, have either corrupted or alter'd better Settlements.

BUT these are Observations rather than Arguments, and relate to Fact rather than Reason. That which astonish'd me most was to see those of this Heroic and Learn'd Age, not only not rising to Thoughts of Liberty, but instead therof foolishly turning their Wits and Swords against themselves in the maintenance of them whose Slaves they are: and indeed they can be no weak Causes that produce so long and settled a Distemper; tho som of those I mention'd, if not most of them, are the true ones.

HE knows nothing that knows not how superstitiously the genera­lity of Mankind is given to retain Traditions, and how pertinacious they are in the maintenance of their first Prejudices, insomuch that a Discovery or more refin'd Reason is as insupportable to them, as the Sun is to an Ey newly brought out of Darkness. Hence Opiniative­ness (which is commonly proportion'd to their Ignorance) and a ge­nerous Obstinacy somtimes to Death and Ruin. So that it is no won­der if we see many Gentlemen, whose Education inabled them only [Page 4] to use their Senses and first Thoughts, so dazled with the Splendor of a Court, prepossest with the Affection of a Prince, or bewitch'd with som subdolous Favor, that they chuse rather any hazard than the Inchantment should be dissolv'd. Others, perhaps a degree a­bove these, yet in respect of som Title stuck upon the Family (which has bin as fortunat a Mystery of Kingcraft as any other) or in reve­rence to som glorious former Atchievements (minding not that in all these cases the People are the only effective means, and the King only imaginary) think they should degenerat from Bravery in bring­ing on a Change. Others are witheld by Sloth and Timorousness, either not daring, or unwilling to be happy; som looking no further than their privat Welfare, indifferent at the multiplication of public Evils; others (and these the worst of all) out of a pravity of Na­ture sacrificing to their Ambition and Avarice, and in order to that, following any Power, concurring with any Machinations, and sup­porting their Authors: while Princes themselves (train'd up in these Arts, or receiving them by Tradition) know how to wind all their humors to their own advantage, now foisting the Divinity of their Titles into Pulpits, now amuzing the People with Pomp and Shews, now diverting their hot Spirits to som unprofitable foren War (mak­ing way to their accurs'd ends of Revenge or Glory, with the effusion of that Blood which should be as dear to them as their own) now stroking the People with som feeble but inforc'd Law, for which not­withstanding they will be paid (and 'tis observ'd, the most notorious Tyrants have taken this Course) now giving up the eminentest of their Ministers (which they part with as indifferently as their Robes) to the Rage and Fury of the People; so that they are commanded and condemn'd by the same Mouth, and the credulous and ignorant, be­lieving their King divinely set over them, sit still, and by degrees grow into Quiet and Admiration, especially if lul'd asleep with som small continuance of Peace (be it never so injust, unsound, or dangerous) as if the Body Politic could not languish of an internal Disease, tho its Complexion be fresh and chearful.

THOSE are the Reasons which (if I conceive aright) have stu­pify'd the less knowing part of Mankind. Now, how the more searching part have soodly miscarry'd, will fall under consideration.

FIRST then, we need not take the pains to demonstrat how easy a thing it is for men of Acuteness, not conversant in Civil Affairs, not only to miscarry in the Apprehension, but even in their Judgment of them: for they, instead of bringing the Series and Reason of things into Rule and Method, use on the contrary to measure them by their own presuppos'd Speculation; and by that means becom incapable of weighing rightly the various Incidences and Circumstances of Business. For it is to be observ'd, that the Theorems of no Art or Profession are either more easily found, or of more difficult practice than those of Policy; so that it is no wonder if Men merely contemplative, fail so oft in the very laying of Grounds, as we shall anon▪ instance. Now how fruitful Daintys Error and Absurdity are, we all know. But more especially the Contentions of contemplative Men are most nu­merous, various, and endless; for wrangling is with them an Art, and they are indu'd with that ungenerous Shame, never to acknowlege their Mistakes. Moreover, their Principles are most times ill-grounded, and it is to be fear'd that in their Superstructures they as often call in [Page 5] their Imaginations as their Judgment to frame Arguments. Besides, these men fighting only with Pen, Ink and Paper, seldom arrive at a means to decide the Quarrel, by which he that gains the last word is suppos'd Conqueror; or the other leaves almost as inglorious a Con­quest to the Victor, as if he had bin overthrown.

THAT which I would infer from all this, is, that the Generality of speculative Men, for the most part guiding their Understandings by those Notions which they find in Books, fall not seldom by this means into considerable Errors. For all Books, those I mean that are human, and fall directly under our Consideration, either lay down practical Things and Observations of Kingship, or som general and universal Notions, or else controversially assert Monarchy against som Opposers. Now in the two latter there are generally found two grand and insup­portable Fallacys, the first wherof is, that they fraudulently converse in Generals, and (to borrow the School-terms) speak of that in the Abstract which they should do in the Concrete: As for example, where they should assert the particular Right of this or that Prince, they cun­ningly or ignorantly lay out most of their Discourse about Monarchy in general, and often weary and amaze the Dispute before they com to the true ground and stating of the Quarrel, wherby the Readers (di­verted by such Prepossession, and intangled by general Notions of Au­thority, Power and Government) seldom descend into the considerati­on of Particulars, where the great Scruple and Difficulty for the most part lys. So that any King (be his Access to the Government never so fraudulent and unjustifiable) coms to be look'd on as sacred, authori­tative, and by degrees begins not to blush at the Attributes of Sacred Majesty, Grace, and Highness, or any other Terms that the servil Flattery and witty Barbarity of Courtiers can give to them: nay, som even of the wickedest of the Roman Emperors could be content to be saluted with Perennitys and Divinitys; wheras if Men would call their Reason into counsel, they might find that these blazing Stars were opace Bodys, and did shine only by Reflection: These Men having no more Luster than either the Cabal of their own state and distance, or the wretched Imposition upon the People, casts on them. For did Men devest the Authority from the Person, they would then common­ly find it inconsiderable, if not positively evil. And again, consider Authority in it self as a thing fixt, real, immutable, and (when justly administer'd) sacred, they might find, that granting a Prince to be the most regular, just Person in all the world, yet many Men as good join'd with him, intrusted, and concurring to the same end, might do much more good; and that to deny this, were to be as irrational as to deny that one Person could do any good at all. But however, this I take to be certain and demonstrable out of their own Principles, that Kings be­ing only to be consider'd in respect of the Trust and Power lodg'd in them, a number of Men by as just means (not to say better) invest­ed with the same Trust and Power, are every jot as sacred, and of as much Divine Right as any Monarch is, the Power being essentially the same, united or divided, as if a Commission be to one or three. It will follow then, that Republics may be as just and authoritative as Kingships; and then their radical Argument of the Jure Divino of Kingship is wholly enervated, and the other render'd equally as Sove­rain. And I am to note (but this is only transiently) the Poorness, or, to say better, the Blasphemy of that Argument which flourishes out [Page 6] Kings as the Types of Divinity, and vainly lavishes som Metaphysics, to prove that all things have a natural tendency to Oneness; nay, the itch of som merry Wits has carry'd them to run over most of the Di­vine Attributes (as som English Lawyers have talk'd of the legal, I must say phantastical Ubiquity and Omniscience of our Kings, tho we see the contrary; and som Civilians have said as much about the Empe­ror before them) wheras they should consider, that the immense Sim­plicity of God flows out in its several Operations with ineffable variety, God being every where and the same, or, as the Platonists say, a Cen­ter in every part of its Circle, a Spirit without Quantity, Distance, and Comprehension; wheras Man is a determinat narrow Being, who do­ing one thing, ceases to do another, and thinking of one thing is forc'd to quit his former thought. Now how sit he is to be a Shadow of this Archetype, let any judg, unless he could be refin'd from his Corporei­ty, and inlarg'd into a proportionable Immensity. Besides, I know not whether it be safe to think or no, That as God, who, for the most part, indues Men with Gifts sutable to the places to which he calls them, would in som measure pour out his Spirit proportionat to these Men, wheras most commonly we find them, notwithstanding their extra­ordinary advantages of Society, Education, and Business, as weak Men as any other: and good Princes being sway'd by the Advice of Men, good and wise, and the bad seduc'd by Men of their own Inclinations, what are all Monarchys but in reality Optimacys? for a few only es­sentially govern under the name of one, who is utterly as unable as the meanest of those over whom he claims Superiority.

THE second Fallacy is this, That Men, while they labor thus to support Monarchy, tell us not what kind of Monarchy it is, and con­sequently gain nothing, tho we should grant them the former Proposi­tion to be true. For what dos it avail to tell me of the Title of such a Prince, if I know not by what Title he holds? Grant it were visible to me that such a Man was mark'd out by Providence to be my Gover­nor, yet if I cannot tell what kind of one, whether absolute, mixt, li­mited, merely executive, or only first in order, how shall I know to direct my Obedience? If he be absolute, my very natural Liberty is taken away from me; nor do I know any Power that can make any Man such, the Scripture setting just limitations and restrictions to all Governors. If mixt and limited, I must know the due Temper and Bounds wherby he is to rule, or else he may usurp or be mistaken, and I opprest or injur'd. If executive, the Power fundamentally resides not in him, but in the Great Council, or them intrusted by the People; then I adore only a Shadow. Now if any Prince of Europe can really clear up these Mists, and shew the Lines of his Government drawn fair­ly, and his Charter whole and authentic, like that of Venice and anti­ent Rome, for my part, I'll be the first man shall swear him Allegiance, and the last that will preserve him. But you will find that they will tell you in general about their Office, and in particular of their Claims of Succession, Inheritance, and Ancestors; when look but three or four Storys back, and you will meet either som savage unnatural Intrusion, disguiz'd under som forc'd Title or chimerical Cognation, or else som violent Alteration, or possibly som slender Oath or Articles, hardly ex­torted and imperfectly kept. Now if any man that will but run over these Rules, and apply them to any History whatever (as we shall ex­emplify in that of Scotland, upon which for the present we have pitcht) [Page 7] and not find most Titles ambiguous, the Effects of former Monarchys (for where, in a Catalogue of forty Kings, can you almost shew me three good ones, but things merely strugling to maintain their Titles and domestic Interest?) ruinous to the People, who for the most part consider them no otherwise than as to be rescu'd from violent Confusi­on, not as they conduce to the positive Happiness of a civil Life; I say, all this will be found to be true, or my small Conversation in Books is extremely false. And truly I conceive reading of History to be the most rational Course to set any Judgment right, because it instructs by Experience and Effects, and grounds the Judgment upon material Ob­servations, and not blindly gropes after Notions and Causes, which to him are tantum non inscrutabile; but of that anon. A main Mistake under this Topic has bin an erroneous comparison and application of matters Civil and Military; for Men observing that mixt Councils a­bout Generals, Plurality, Equality of Commands, frequent and sud­den Military Alterations, have brought no small Distempers and Dangers to several Governments and Attemts; therefore they presently con­clude, that in Civils also it is the safest to continue a Command in one hand for preventing the like Disturbances. But here they are deceiv'd; Civil matters consist in long debate, great consideration, patient ex­pectation, and wary foresight, which is better to be found in a number of choice experienc'd Heads, than in one single Person, whose Youth and Vigor of Spirit inables him rather to Action, and fills him with that noble Temerity which is commonly so happy in Martial Affairs; that must be guided always to improve Occasions, which are seldom to be found again, and, which mistaken, are to be scarcely amended. Besides, the Ferocity of daring Spirits can hardly be bounded while they stand level; so that it is no wonder if they extinguish all Emula­tions by putting the Power into the hands of one, wheras in a Com­monwealth it is quite otherwise: and Factions (unless they be cruelly exorbitant) do but poise and balance one another; and many times, like the discord of Humors upon the natural Body, produce real good to the Government. That slender conceit, that Nature seems to dress out a Principality in most of her works, as among Birds, Bees, &c. is so slender indeed (in regard they are no more Chiefs than what they fancy them, but all their Prepotency is merely predatory or oppressive; and even Lions, Elephants, Crocodils and Eagles, have small incon­siderable Enemys, of which they stand in fear, and by which they are often ruin'd) that the Recital confutes it; and if it were so, yet unless they could prove their One Man to be as much more excellent than the rest as those are, and that solely too, I see not what it would advantage them, since to comply with the design of Nature in one, they would contradict it in others, where she is equally concern'd. But these Phi­lological and Rhetorical Arguments have not a little hinder'd the se­verer Disquisition of Reason, and prepossess'd the more easy Minds with Notions so much harder to be laid aside, as they are more erro­neous and pleasing.

THESE are the fundamental Errors that have misled the Judg­ment; now those which have misguided the Conscience, have princi­pally proceded from the Misinterpretation of Scripture; and therfore seeming Sacred, have bin less examin'd and doubted, as carrying the most Authority. Thus in the Old Testament, there being such fre­quent mention of Kings, which notwithstanding were given in Wrath, [Page 8] they superstitiously maintain not only the necessity, but even the im­punity of Kings; wheras we know not their Powers and Limitati­ons, and it is inconsequent to argue, That because Judea was so go­vern'd, we should follow the same Pattern, when we find neither Precept, Consequence, nor Necessity convincing us. And it is mad­ness to think that while the Divine Spirit so freely and vehemently exclaims against the Iniquity of men, God would authorize it so far as to leave it in them only unpunishable who should exterminat and re­form it. As for the Antiquity from ADAM, it is true, before his Fall his Dominion was large and wide, but it was over the Beasts that after his Fall learn'd to rebel against him; and oeconomically, not despo­tically, over his Wife and Children. But what is this to Civil Go­vernment? In the New Testament (for I the bries [...]ier pass over this head, in regard it has bin so copiously treated upon by those under whose Profession it falls, and that it dos not immediatly conduce to my Design) the principal Argument has bin the meekness of CHRIST and his compliance with Civil Powers, which certainly, if he had bin dispos'd to have resisted, say they, he could as easily have overthrown, as with a few Cords whip the Buyers and Sellers out of the Temple. But he, that was the Wisdom of his Father, rather thought fit to build up his Kingdom (which is not earthly, nor known of earthly men) in Meekness and Obedience to Civil Powers, which are perpetually chang'd and hurry'd at the Will of the first Mover, otherwise he would never have concern'd himself so much in giving Dues to CAE­SAR, and to God what is Gods; intimating the distinct Obedience owing by all men, as Christians, and Citizens. When, granting Mo­narchy the most and only lawful Government, yet every one knows, that knows any thing of the Roman Story, that AUGUSTUS had no more Title to that Government, than to any of those over whom he usurp'd, and that his Access to the Government was as fraudulent and violent as could be. Another Error is the mistaking of the word [...]. Rom. 13. Powers, when it's clear the Scripture speaks of it in a Latitude, as extending it to all sorts of establish'd Governments. Now men have falsly pretended, that those Powers were only meant of Kings; and what by an indiscrete collation of the places of the Old, and violent wrestings of others of the New Testament, they perfected the other grand Mistake; which since it has bin already clear'd up, and as we said is but collateral with us for the present, we shall no further mention it.

AS for the alleg'd Examples and Speeches of the Primitive Times, I see not much in them considerable: for tho Insurrections against Princes cannot be produc'd, or rather much is said against them, yet we are to consider, that the Gospel of CHRIST (which was at that time not much defil'd by the World) engages not to any Domina­tion, but (wholly taken up with its own Extasys, spiritual Delights and Expectations) neglects all other Affairs as strange and dangerous. And moreover (tho I know what has bin said to the contrary) I cannot find, after well considering those Ages, any probable ground how, if they would have rebel'd, they could have made any Head. They were indeed numerous, but then they had Legionarys among them; and who knows not what an ineffectual thing a People is (be it never so desirous) when overaw'd by the Soldiery? And they were a People (as Greatness to God and Man is different) not considerable for their worldly Power (for how few eminent Commanders were [Page 9] converted in the first Ages?) but out of his own mere choice, so that it was not strange if they could not do much. For God, as he chose the weakest means in planting the Gospel, even Fishermen; so, in the primitive Propagation he call'd the weaker Men, tho Christianity af­terwards grew ample and august, and Kings were proud to give their Names to it.

AS for the Fathers (supposing them free of their many Adultera­tions, Interpolations, and all those Errors and Incertaintys which the process of time and fraud of men has foisted into them) they are to be accepted only as Witnesses, not as Judges: that is to say, they may prove matter of Fact, but none of their words matter of Right; espe­cially if we consider their Writings, either Homilys, Commentarys, or Controversys, which are ever directed to another end than this is, and they themselves (men secluded from Business) are so much more unable to judg and resolve civil Controversys, in regard the unhappi­ness of the latter times has produc'd many Controversys not known or thought of in their days, which not falling directly under their Profes­sion, cannot receive any Light or Authority from them.

HAVING thus consider'd Kingship, and how well it has appear'd thro the false Lights of the Understanding, we shall now consider, whether, taking it by it self, its Foundations be laid upon a Cylinder or upon a Cube: and this, I think, we are the likeliest to do, if we consider them in their Rights and Uses, or, to speak plainer, in their Legality and Policy; so that if we find that none of the ways of re­taining their Crowns can be authentic except one, and that one makes against them, we shall see we have no just causes of blind Adoration or implicit Obligation to truckle under any of their Commands. And if again we discover that sort of Government it self is not so profitable to the end of civil Happiness, but rather diametrically opposit to it; we may suppose that men are either strangly obstinat, or else they might eradicat an Error which not only offers so many Prejudices to their Understanding, but that has such an evil Influence upon their external Welbeing.

WE have then to consider, that for One man to rule over Many, there must necessarily be pretended some Right, tho it be but colora­ble; for either he must be chosen by the People as their Arbitrator and supreme Judg, or else he must by force of Arms invade them, and bring them to Obedience, which he by force preserving for his Sons or Successors, makes way for a third Claim, which is Inheritance. A fourth some have invented, tho were it real, it is but a difference of the last, and I therfore shall mention it under that Head. But to the Consideration.

FIRST therfore Election, supposing the People, either finding themselves unable to weild their own Happiness, or for preventing of Disorder, make choice of one Man to be set over them, it here in­stantly follows, that the Authority is in the People, and flowing from them; for Choice argues a Power, and being elected a Subordination to it; in the end, I mean, tho not in every act. Now there is none chosen but for som End, or for som Intentions reciprocal betwixt both Partys; for otherwise such a choice were but Dotage, and consequent­ly invalid: Wherefore thus it will follow, that those who pretend to King it upon this Topic, must either shew a formal Election (which I think many Kings are not able to do) or if he can shew one, pro­duce [Page 10] also the Conditions and Ends for which he was chosen. Now all parts being either implicit or explain'd, let him exhibit the Covenant, that it may be known whether he governs according to it or not; for if he transgresses, he forfeits, and the others are absolv'd from their promis'd Obedience. If the Agreement be unwritten or intentional, either Party is relatively ty'd; and then if he dos any thing against the welfare of the People (that Soverain Law and end of all Governments) the People may not only justly suppose the former Capitulation broken, but even endeavor, by what possible means they can, to restore them­selves to their former Rights: for why should the making of a Compact prejudice any when it is once broken? And here comes in another Fal­lacy, with which the Assertors of Royalty have so flourish'd, that an Agreement between a People and one Man should descend to his Poste­rity; wheras it is to be consider'd, that the People chusing one man is commonly in consideration of his Person and personal Merit; which not being the same in his Son (as commonly Familys in the Horizon are in the Meridian, the Founders being braver than any that follow after them) that very intent is frustrated and ceases; and the People provid­ing for the Happiness of a few years, which are determinable with in­certainty of the latter part of the Life of one man, run themselves and their Posterity into an eternal Inconvenience (for any thing they know) of bad Governors. And if the People would never so formally agree with him, that in regard of his Merits or felicity of Actions, his Son should be receiv'd in that place, yet would they not stand to it, that ve­ry Pact expiring with the life of either. For my Father may leave me notionally a Slave in a Tenure (a thing frequent with our Ancestors) or as Civilians term it, a Feodary, with which I am content, in respect of the Advantage it brings me, or because my own Estate is too little to be independent, and therfore I think it good prudence to be shelter'd under the protection of the greater; but my natural Liberty, that is to say, to make my Life as justly happy and advantageous to me as I may, he can no more give away from me than my Understanding or Eysight: for these are Privileges with which God and Nature have indu'd me, and these I cannot be deny'd but by him that will also deny me a Being. But to go on, Suppose a second Generation should accept the Son, and a third a Grandson, yet this confirms not a fourth; and the People very impoliticly strengthen and confirm the Power by continuance, and in a manner with their own hands lay the Foundation of Absoluteness; their Governors themselves growing in Interests, increasing in Allian­ces and Forces: so it is very improbable but that within a little they grow too big and formidable, and leave nothing of Liberty except the Name, and (if they be less cunning) not that. A pertinent Example of this, and so near us that I cannot pass it, we see in young ORANGE and the Low Countrys at this day, who continuing his Progenitors for their signal Services, and him for theirs, are now punish'd for their ge­nerous and indiscrete rewarding of Virtue, that their Liberty was lately almost blown up before they well perceiv'd it to be undermin'd, and they are now at charge to maintain their own Oppression. As for that formal Election and Stipulation, who sees not what a vain and ridiculous cheat it is, they coming with Swords in their hands to demand the Scepter of a weak and stupid multitude that appears only to gaze upon the Cere­monys, and whose refusal were ineffectual? but it is a gracious piece of the Cabal of Tyranny to deceive the People with Shadows, Fantasms, and names of Liberty.

[Page 11] AS for those that intrude by Force, they cannot certainly have the Forehead to infer any Right, they being but, as the Pirat said to ALEX­ANDER, public and more magnificent Robbers. Certainly these are the NIMRODS, the great Hunters, Gods Scourges, and the Burdens of the Earth; and whether they be Founders of Empires, or great Captains (as BOCCALIN distinguishes them) they ought rather to be remember'd with horror and detestation, than have that undue Re­verence with which they commonly meet.

YET these are they that lay the Foundations of Succession, and from these do the Successors claim, and enjoy with he less reluctance, because the regret of the Violences, and hate of the first daily wears out; whether it be by the continuance of Peace that charms men into a love of ease, or that the continuance of Slavery enfeebles their Minds, that they rather chuse to look at their present Enjoyment than real Happiness; so that it is not strange if the Person of their Oppressor be­comes in time adorable, and he himself thinks that confirm'd and ju­stify'd to him in process of time, to which in the beginning he had no right. But if we consider the business a little higher, we might find that since neither the People (as we have prov'd before) have power to make themselves Vassals, and the Intruders themselves cannot pre­tend any just Title; their Domination is merely illegal, and apt to be shaken off with the first conveniency, it being every whit as equitable, that these men should be judg'd Enemys of Mankind, and condemn'd to die the death of Parricids for usurping a Power, as NERO for a­busing it. But I would fain ask the Regious Defenders, by what Law they can maintain Governments to be inherent in one, and to be trans­mitted to his Ofspring? If they say by the Law of God, I would de­mand again how they can make this Law appear to me? If they say that the Scripture contains the Right and sacredness of Kings, I ask them again, How they know that God extends that Privilege and Au­thority to this King? If they say, that he is involv'd in the general Right, they do but run into a Circle; unless they can show me, that all his Approches to the Government were regular, and such as God was pleas'd with, or else God had by som Sign and Wonder declar'd his approbation of him; for without these two, they must make God the Author of Evil, which is impious, and pretend his Commission for an unlawful Act; and by the same right, any other (as a Tyrant, for example) may pretend it to an Action never so unjust, it being no inusual thing to borrow the face of Divinity, even upon som foul Im­postures, as (to forbear further Instances) NUMA'S Conference with AEGERIA, SCIPIO'S Retirement into the Capitol, and SERTO­RIUS'S white Hart.

Now if they pretend the Law of Nature, they must demonstrat to us, both that she endow'd men with inequal Freedom, and that she shap'd out such a Man to rule; whereas it appears on the contrary, that all Men naturally are equal: for tho Nature with a noble Variety has made different the Features and Lineaments of Men, yet as to Free­dom, till it be lost by som external means, she has made every one a­like, and given them the same Desires. But suppose she had intended such a Family for Government, and had given them som illustrious Marks, as we read of som that had, whether by the imagination of their Mothers, or by Deceit; yet then would Nature fall into a double Irregularity, first in deserting her Method of making all free, and se­condly [Page 12] in making her general Work merely subservient, and seconda­ry to her particular; which how contrary it is to that beautiful Har­mony of hers, I need not much insist. Now if they say, they are Fa­thers of the People, and for that reason they call themselves the Heads, inferring the People to be no more than a Trunk, it's only metaphori­cal, and proves nothing: for they must remember, that since Father has a relation upon which it depends, and upon whose removal it va­nishes, they themselves cannot bring any such; for by physical pro­creation they will not offer it; and for metaphorical Dependence, it will com to nothing, we seeing People languish when their Princes are fullest, and, like Leeches, rather willing to burst than to fall of; and on the contrary, the People upon the removal of a Prince cheerful and reliev'd. Now if there were so strict a Union between these two, such a Contrariety and Antipathy could never appear; for certainly when any two Persons endeavour to gain ground one upon another, there is an Enmity, whatever is pretended. Besides, if these men would be Fathers, it were then their duty to do like Fathers, which is to pro­vide for, defend and cherish; wheras on the contrary, it is they them­selves that eat the bread out of the mouths of their Children, and thro the groans of the Poor. And wheras Flattery has said, that what they draw up in Vapors they send down in Showers, yet are we sure that such rains are for the most part unfruitful, if not ominous and in­fectious. If they pretend the Law of Nations, it were well they would declare to us first what this Law is, and whether generally agreed on or no by Nations. If they say, yes, they must resolve whether explicit­ly or implicitly: if they say the former, let them produce them; if the latter, they must demonstrat, that all Nations are agreed in such and such Notions, and all men of these Nations, since every one must be of equal capacity: When on the contrary, tho the Understandings of most men, whom we know or have convers'd with, seem to agree in som general maxims, but unpolish'd, unnumbred, and unmethodiz'd, yet we see many Nations differing from us in many things, which we think clearly, fundamentally, and naturally true; neither do Cli­mats and Education only so diversify the Minds of men, but even their Understandings, and the different ways of thinking so distinguish even those of one Country, that tho we may please our selves in think­ing that all mens thoughts follow the fantastical method of ours, yet we might find, if we were perfectly conversant with all men of the World, and well read in their Authors (as we are not with half of them, no, nor any one man with the twentieth part) that there are scarce four or five Axioms, excepting as they make a part of the Law of nature, would be universally receiv'd. Now (for I have bin the longer by reason that this imaginary Law has bin so held up by the Ci­vilians, and made the subterfuge of so many considerable Disputes) if it be so weak as that we can scarce tell whether it has a being or no, for even that which we account the most sacred piece of it, the violation of public Messengers, the Tartar and Muscovite, unless restrain'd by fear, break it every day. What then are the Arguments deduc'd from it? or if there were such a Law, what would it avail such a particular man? for why should other Nations impose a Governor where they are not concern'd? And if they pretend this Law as to the preserva­tion and impunity of their Persons, the same Answer will serve again, with this addition, That they make an Offender incapable of punish­ment, [Page 13] which is but to give them a Commission to offend. Now if they run upon that distinction of suspending only, and not punishing (as if forsooth this kind of People must be preserv'd, tho by the ruin of Mankind, to immediat Vengeance) then I say, That Suspension is really a Punishment; and if his Demerits can deserve that, I see not but that upon a proportionable Increase, they may deserve Dethroni­zation or Death, as clearly as two and two make four, and four more make eight. If they allege positive or municipal Laws, and number Homages, they are not much the nearer, since that all such Laws are but Rivulets and Branches of them we before examin'd; and since we found that those speak so little in their favor, that which these do can­not signify much, especially since Princes, who are ever watchful to improve all occasions of this nature, can either by terror or artifice draw Assemblys, or the major part of them, to their own Lure; nay, even the worst of them have not forgot to be solicitous in this case. But it must be remark'd, That whatever positive Laws are repugnant to those general ones, they are injurious, and ought to be repeal'd. And truly it is a sad Observation, that as Monarchs grow, either out of the weakness of Government, and (as I may say) its Pupilage, as ROMULUS and THESEUS did at Rome and Athens, or else out of the disease or depravation of it, as CAESAR again invaded Rome: so have the People bin never more fond of them, than when Manners were at the highest corruption, which ever gave access of strength to them; nor have they more distasted them, than when their Spirits and Disciplin were the most brave and healthful: so fatally disagreeing are true Liberty, which is the very source of Virtue and Generosity, and the impotent Domination of a single Tyrant, who commonly reigns by no other means than the Discords of braver Citizens, who can nei­ther indure Equality or Superiority among themselves, and rather ad­mit a general Vassalage, than just Equality; or by the Vices of the baser sort, which naturally reconcile them and Kings, and concern them both in a bad Example. But suppose Succession a thing sacred and inviolable, yet once break and interrupt it, it is little worth, either the Usurper being to be acknowleg'd regular, or the whole Series dash'd out of order. Nay, we see Aspirers themselves either so blinded with their Pretences, or with Animosity, and so crying up their own Titles, that it is almost impossible for any privat Judgment to do right in this case, themselves thwarting one another; and it cannot be in the power of Nature that both should be right. But who can instance one Monarch whose Crown is come to him by untainted Succession? and what History will not confirm the Example I shall anon bring? Cer­tainly tho Succession were a thing that had not so little reason or reali­ty, yet I see not why men should with such a strange pertinacy defend it. Matters of Government ought to be manag'd by Prudence; but Succession puts them into the hands of Fortune, when a Child incapa­ble or infirm, under the regiment of a Nurse, must (possibly) be Supreme Governor, and those whom either their Abilitys or Virtues fit for it, subordinat or laid aside. But what if the Person whom ne­cessity has set at the stern be incapable, lunatic, weak, or vitious, is not this a good way to prevent Controversys? yet this plainly ener­vats all good Counsil, when a King should have need of Tutors, and that a multitude of People should be commanded by one who com­mands not himself; and, when we scarce obey even excellent Princes, to adore Shadows and weak ones.

[Page 14] AS for BOXHORNIUS'S distinction of Succession, wherin the next Heir must necessarily succede by the original Right of the former, I would ask him, whether the Predecessor were a Possessor or Usu­fructuary? If the first, all our former Arguments fall on him; if the latter, it makes not for his Successor, the People being Owners: and besides, the distinction is one of his own coining, never pretended be­fore; upon the first controversy it is invalid, altho the first Founder had a Right, as we have prov'd the contrary.

HAVING, with what brevity I could, brought to an end my first Intention, I shall now fall upon the second, which is the intrinsic value and expediency of this Government, and som little comparison with others; but herein we shall be short, and only so far as concerns this. And indeed it is a business so ticklish, that even Mr. HOBS in his piece de Cive, tho he assur'd himself that the rest of his Book (which is principally calculated for the assertion of Monarchy) is demonstrated, yet he douts whether the Arguments which he brings to this business be so firm or not; and MALVEZZI contrarily remonstrats (in his Discourses upon TACITUS) that Optimacys are clearly better than Monarchys, as to all advantages. And indeed if we look on the Argu­ments for Monarchy, they are either Flourishes, or merely Notions; such are the reference and perfection of Unity, which, say they, must needs work better and more naturally, as one simple cause (besides that it stills and restrains all other claims) than many coordinat: wher­as they never consider that tho among many joint Causes there may be some jarring, yet like cross Wheels in an Engin, they tend to the regu­lation of the whole. What violent Mischiefs are brought in by the Contentions of Pretenders in Monarchys, the Ambiguitys of Titles, and lawless Ambition of Aspirers? wheras in a settled Republic all this is clear and unperplex'd; and in case any particular man aspires, they know against whom to join, and punish as a common Enemy. As for that reason which alleges the advantage of Secresy in business, it carries not much with it, in regard that under that even most pernicious de­signs may be carried on; and for wholsom Councils (bating som more nice Transactions) it matters not how much they be tost among those who are so much intrusted and concern'd in them, all bad designs be­ing never in probability so feeble and ineffectual, as when there are ma­ny eyes to overlook them, and voices to decry them. As for that ex­pedition in which they say Monarchs are so happy, it may as well fur­ther a bad intention, as give effect to a just Council, it depending on the Judgment of a single man, to whose will and ends all must refer; wheras a select number of intrusted Persons may hasten every oppor­tunity with a just slowness as well as they, tho indeed (unless it be in som Military critical Minutes) I see not such an Excellency in the swift­ness of heady Dispatch, precipitation in Counsils being so dangerous and ominous. As for what concerns privat Suitors, they may as spee­dily and effectually (if not more) be answer'd in staid Republics, as in the Court of a King, where Bribery and unworthy Favorits do not what is just, but what is desir'd.

WITH these and many others as considerable (which partly wil­lingly, and partly in this penury of Books, forgettingly I pass) do they intend to strengthen this fantastical and airy Building; but as sly Controverters many times leave out the principal Text or Argument, because should it be produc'd, it could not be so easily answer'd: so [Page 15] these men tell us all the Advantages of Monarchy, supposing them still well settled, and under virtuous men; but you shall never hear them talk of it in its corrupt state under leud Kings and unsettled Laws; they never let fall a word of the dangers of Interreigns, the Minoritys and Vices of Princes, Misgovernments, evil Councils, Ambitions, Ambi­guitys of Titles, and the Animositys and Calamities that follow them, the necessary Injustices and Oppressions by which Monarchs (using the Peoples Wealth and Blood against themselves) hold them fast in their Seats, and, by som suspension of Divine Justice, dy not vio­lently.

WHEREAS other Governments, establish'd against all these E­vils, being ever of Vigor and just Age, settled in their own Right, freed from pretences, serv'd by experienc'd and engag'd Councils, and (as nothing under the Moon is perfect) somtimes gaining and advan­tag'd in their Controversys, which have not seldom (as we may see in Old Rome) brought forth good Laws and Augmentations of Free­dom; whereas once declining from their Purity and Vigor, and (which is the effect of that) ravish'd by an Invader, they languish in a brutish Servitude, (Monarchy being truly a Disease of Government) and like Slaves, stupid with harshness and continuance of the lash, wax old under it, till they either arrive at that Period which God prescribes to all People and Governments, or else better Stars and Posterity awaken them out of that Lethargy, and restore them to their pristin Liberty, and its daughter Happiness.

BUT this is but to converse in Notions, wandring, and ill abstract­ed from things; let us now descend to practical Observation, and clearly manifest out the whole Series of Time and Actions, what Circumstances and Events have either usher'd or follow'd one Race of Kings, That if there were all the Justice in the World that the Go­vernment of a Nation should be intail'd upon one Family, yet cer­tainly we could not grant it to such a one whose criminal Lives and formidable Deaths have bin Evidences of God's Wrath upon it for so many Generations.

AND since no Country that I know yields such an illustrious Ex­ample of this as Scotland dos, and it may be charity to bring into the way such as are misled, I have pitch'd upon the Scotish History, wher­in as I have only consulted their own Authors, as my fittest Witnesses in this case; so have I (not as a just History, but as far as concerns this purpose) faithfully, and as much as the thing would permit, with­out glosses represented it: so that any calm Understanding may con­clude that the Vengeance which now is level'd against that Nation, is but an attendent of this new introduc'd Person; and that he himself, tho for the present he seems a Log among his Frogs, and suffers them to play about him, yet God will suffer him (if the English Army pre­vents not) to turn Stork and devour them, while their Crys shall not he heard, as those that (in spite of the warning of Providence, and the light of their own Reasons, for their own corrupt Interest and greedy Ambition) brought these Miserys upon themselves.

An Instance of the preceding REASONS out of the SCOTISH HISTORY.
The Second Part.

AND now we com to our main business, which is the review of Story, wherin we may find such a direct and uninterrupted Series, such mutual Endearments between Prince and People, and so many of them crown'd with happy Reigns and quiet Deaths (two successively scarce dying naturally) that we may conclude, they have not only the most reason, but a great deal of excellent Interest who espouse the Person and Quarrel of the hopeful Descendent of such a Family: nor shall we be so injurious to the Glory of a Nation, proud with a Catalogue of Names and Kings, as to expunge a great part of their number; tho som, who have don it, affirm there can be no probability that they had any other being than what HECTOR BOYES, and the black book of Pasley (out of which BUCHANAN had most of his Materials) are pleas'd to bestow on them, there being no mention of the name of Scot in any Authentic Writer, till four hundred years after CHRIST. No, we shall no more envy these old Heroes to them, than their placing the Red Lion in the dexter Point of their Escucheon. But tho we might in justice reject them as fa­bulous and monkish, yet since they themselves acknowlege them, and they equally make against them, we shall run them over like genuin 1 History. The first of this blessed Race was FERGUS; first General, and afterward got himself made King: but no sooner cast away on the Coast of Ireland, but a Contention arises about the validity of their Oath to him, and Uncles are appointed to succede, which argues it 2 Elective: so FERITHARIS Brother to FERGUS is King, but his Nephew forms a Conspiracy against him, forces him to resign and fly to the Iles, where he dy'd. FERITHARIS dying soon after, was 3 suspected to be poison'd. After him coms in MAIN (FERGUS'S second Son) who with his Son DORNADILLA, reign'd quietly fifty 4 seven years. But REUTHER his Son not being of age, the People 5 make his Uncle NOTHAT take the Government; but he misruling, 6 REUTHER, by the help of one DOUAL, rais'd a Party against him, and beheads him, makes himself King with the indignation of the Peo­ple that he was not elected: so that by the Kindred of NOTHAT he is fought, taken, and displac'd; but afterwards makes a Party, and regain [...]. His Son THEREUS was too young, so that his Brother RHEU­THA 7 succeeded, but after seventeen years was glad to resign. Well, 8 THEREUS reigns, but after six years declines to such Leudness that they force him to fly, and govern by a Prorex. After his Death 9. 10. JOSINA his Brother, and his Son FINAN are Kings, and quietly dy so.

11 BUT then coms DURST, one who slays all the Nobility at a Banquet, and is by the People slain. After his Death the validity of the Oath to FERGUS is call'd in question, and the elective Power vin­dicated; 12 but at length EVEN his Brother is admitted, who tho he [Page 17] rul'd valiantly and well, yet he had GILLUS a Bastard Son, Vafer & 12 Regni cupidus. The next of the Line are Twins, DOCHAM and DORGAL, Sons of DURST: they while they disputed about pri­ority of Age, are, by the artifice of GILLUS, slain in a Tumult; who makes a strong Party, and seizing of a Hold, says he was made Supervisor by his Father, and so becoms King, cuts off all the Race 13 of DURST: but is after forc'd out of the Kingdom, and taken by EVEN the Second his Successor (who was chosen by the People) and 14 by him put to death in Ireland. After EVEN coms EDER: after 15 EDER his Son EVEN the Third, who for making a Law, that the 16 Nobility should have the enjoyment of all new marry'd Women before they were touch'd by their Husbands, was doom'd to Prison during his Life, and there strangl'd. His Successor was his Kinsman ME­TELLAN: 17 after whom was elected CARATAC, whom his Brother 18 CORBRET succeded. But then came DARDAN (whom the 19. 20. Lords made to take on him the Government, by reason of the Nonage of CORBRET'S Son) who for his Leudness was taken by the People, and beheaded.

AFTER him CORBRET the Second, whose Son LUCTAC for 21. 22. his Leudness was by the People put to death; then was elected MOGALD, who following his vitious Predecessors steps, found his 23 Death like theirs violent.

HIS Son CONAR, one of the Conspirators against him, succe­ded, 24 but misgoverning, was clapt in Prison, and there dy'd.

ETHODIUS his Sister's Son succeded, who was slain in the 25 night in his Chamber by his Piper.

HIS Son being a Minor, SATRAEL his Brother was accepted, 26 who seeking to place the Succession in his own Line, grew so hateful to the People, that, not daring to com abroad, he was strangl'd in the night by his own Servants, which made way for the youngest Bro­ther

DONALD, who outdid the others Vices by contrary Virtues, 27 and had a happy Reign of one and twenty years.

ETHODIUS the Second, Son of the first of that name, was 28 next, a dull inactive Prince, Familiarium tumultu occisus.

HIS Son ATHIRCO promis'd fair, but deceiv'd their expecta­tions 29 with most horrid Leudness, and at length vitiated the Daughters of NATHALOCK a Nobleman, and caus'd them to be whipt be­fore his eys; but seeing himself surrounded by Conspirators, eluded their Fury with his own Sword; his Brother and Children being forc'd to fly to the Picts. NATHALOCK, turning his Injury into Am­bition, 30 made himself King, and govern'd answerably; for he made most of the Nobility to be strangl'd, under pretence of calling them to Council, and was after slain by his own Servants.

AFTER his Death ATHIRCO'S Children were call'd back, and 31 FINDOC his Son, being of excellent hopes, accepted, who made good what his Youth promis'd: he beat in sundry Battels DONALD the Ilander; who seeing he could not prevail by force, sent two as Renegados to the King, who (being not accepted) conspire with his Brother, by whose means one of them slew him with a Spear when he was hunting.

HIS Brother DONALD succedes (the youngest of the three) who, 32 about to revenge his Brother's Death, hears the Ilander is enter'd Mar­ray; [Page 18] whom he incountring with inequal Forces, is taken Prisoner with thirty of the Nobility, and whether of Grief, or his Wounds, dy's in Prison.

33 THE Ilander that had before usurp'd the Name, now assum'd the Power (the Nobles, by reason of their kindred Prisoners, being over­aw'd) This man wanting nothing of an exquisit Tyrant, was, aster twelve years Butcherys, slain by CRATHLINTH Son of FINDOC, who under a disguise found Address and Opportunity. The brave 34 Tyrannicid was universally accepted, and gave no cause of Repen­tance; his Reign is famous for a War begun between the Scots and Picts about a Dog (as that between the Trojans and Italians for a white Hart) and the defection of CARAUSIUS from DIOCLESIAN, which happen'd in his time.

35 HIS Kinsman FINCORMAC succeded, worthy of memory for little but the Piety of the Culdys (an Order of religious Men of that time overborn by others succeding) He being dead, three Sons of 36 his three Brothers contended for the Crown: ROMACH as the eldest, strengthen'd by his Alliance with the Picts, with their assistance seiz'd on it, forcing others to fly; but proving cruel, the Nobility conspir'd and slew him.

37 ANGUSIAN, another Pretender, succedes, who being assail'd by NECTHAM King of the Picts, who came to revenge ROMACH, routed his Army in a pitcht Battel; but NECTHAM coming again, he was routed, and both he and NECTHAM slain.

38 FETHELMAC, the third Pretender, came next, who beating the Picts, and wasting their Fields, HERGUST, when he saw there could be no advantage by the Sword, suborn'd two Picts to murder him, who drawing to conspiracy the Piper that lay in his Chamber (as the manner was then) he at the appointed time admitted them, and there slew him.

39 THE next was EVGEN Son of FINCORMAC, who was slain in a Battel with the Picts, to the almost extirpation and banishment of the Scots; but at last the Picts, taking distast at the Romans, en­ter'd 40 into a secret League with the Scots, and agreed that FERGUS (whose Uncle the last King was) being then in banishment, and of a military breeding and inclination, should be chosen King. With him the Danes maintain'd a long War against the Romans, and pul'd down the Picts wall: at last he and the King of Picts were in one day slain in a Battel against them. This Man's access to Government was strange, ignotus Rex ab ignoto populo accersitus, and may be thought temerarious; he having no Land for his People, and the Roman Name inimical; yet founded he a Monarchy, there having been Kings ever since; and we are to note, this is the first man that the sounder Wri­ters will allow to be real and not fabulous. Him succeded his Son 41 EUGENIUS (whose Grandfather GRAHAM had all the power) a warlike Prince, whom some say slain, some dead of a disease. After 42 him his Brother DONGARD, who after the spending of five super­stitious years, left the Crown (as they call it) to his youngest Bro­ther 43 CONSTANTIN; who from a good privat Man turn'd a leud Prince, and was slain by a Nobleman, whose Daughter he had ravish'd. 44 He was succeded by CONGAL, CONSTANTIN'S Son, who came a tolerable good Prince to a loose People; and having spent som two and twenty years in slight excursions against the Saxons, left the rule [Page 19] to his Brother GORAN, who notwithstanding he made a good League 45 against the Britans, which much conduc'd to his and the Peoples settlement, yet in requital, after thirty four years, they made away with him; which brought in EUGENIUS, the Third of that name, 46 the Son of CONGAL, who was strongly suspected to have a hand in his Death, insomuch that GORAN'S Widow was forc'd to fly into Ireland with her Children. This man in thirty three years time did nothing but reign, and make short Incursions upon the Borders; he left the Rule to his Brother CONGAL, a monastical, superstitious, and 47 inactive Prince, who reign'd ten years. KINNATEL his Brother 48 was design'd for Successor; yet AIDAN the Son of GORAN laid his claim, but was content to suspend, in respect of the Age and Dis­eases of KINNATEL, which after fourteen Months took him out of the World, and clear'd the controversy, and AIDAN by the consent 49 of COLUMBA (a Priest that govern'd all in those days) came to be King; a Man that, after thirty four years turbulently spent, being beaten by the Saxons, and struck with the Death of COLUMBA, dy'd of Grief.

AFTER him was chosen KENNETH, who has left nothing 50 behind him but his Name. Then came EUGENIUS the Fourth, 51 the Son of AIDAN (so irregular is the Scots Succession, that we see it inverted by Usurpation or cross Elections in every two or three Ge­nerations) This man left an ambiguous Fame; for HECTOR BOE­TIUS says he was peaceable; the Manuscript, implacably severe: He reign'd sixteen years, and left his Son FERCHARD Successor, who, 52 endeavoring to heighten the Prerogative by the Dissensions of the Nobility, was on the contrary impeach'd by them, and call'd to an ac­count, which he denying, was clapt in Prison, where he himself sav'd the Executioner a labor. So that his Brother DONALD succeded, who 53 being taken up with the Piety of those days, left nothing memorable, except that he in person interpreted Scots Sermons to the Saxons. He was follow'd by his Nephew FERCHARD, Son to the first of that 54 Name, a Thing like a King in nothing but his Exorbitancys, who in hunting was wounded by a Wolf, which cast him into a Fever, wher­in he not observing the impos'd Temperance, brought on himself the lousy Disease; upon which discomforted, he was by the persuasion of COLMAN (a religious man) brought out in his Bed cover'd with Hair-cloth, where he made a public Acknowlegement to the People, and soon after dy'd. MALDWIN, DONALD'S Son, follow'd, 55 who after twenty years ignoble Reign was strangled by his Wife. EUGENIUS the Fifth succeded, Son (they say) of King DON­GARD, 56 tho Chronology seems to refute it. This man spent five years in slight Incursions, and was succeded by EUGENIUS the 57 Sixth, Son of FERCHARD. This man is famous for a little Learn­ing, as the times went, and the Prodigy of raining Blood seven days, all Milkmeats turning into blood. AMBERKELLETH, Nephew 58 to EUGENIUS the Fifth, who succeded this rude Prince, while he was discharging the burden of Nature, was slain by an Arrow from an unknown hand. EUGENIUS the Seventh follow'd, who being 59 attemted by Conspirators, had his new marry'd Wife slain in bed be­side him; for which he being accus'd, produc'd the Murderers before his Trial, and was acquitted, and so ended the rest of his 17 years in Peace, recommending to the People MORDAC, Son of AMBER­KELLETH, 60 [Page 20] who continuing a blank Reign, or it may be a happy 61 one, in regard it was peaceable, left it to ETFYN Son of EUGE­NIUS the Seventh: the first part of his Reign was peaceable; but Age obliging him to put the Government into the hands of four of his Servants, it happen'd to him, as it dos to other Princes, whose For­tunes decay commonly with their Strength, that it was very unhappy 62 and turbulent: Which Miserys EUGENIUS the Eighth, Son of MORDAC, restrain'd. But he, it seems, having a Nature fitter to appease Tumults than to enjoy Rest, at the first enjoyment of Peace broke into such Leudness, that the Nobility at a meeting stab'd him, 63 and made way for FERGUS▪ the Son of ETFYN, one like his Pre­decessor in manner, death, and continuance of Reign, which was three years; the only dissimilitude was, that the latters Wife brought his Death; for which others being impeach'd, she stept in and confest it; 64 and to avoid punishment, punish'd her self with a knife. SOLUATH, Son of EUGENIUS the Eighth, follow'd him, who tho his Gout made him of less Action, yet it made his Prudence more visible, and 65 himself not illaudable: His Death brought in ACHAIUS the Son of ETFYN, whose Reign was innobled with an Irish War, and many learned Men; besides the Assistance lent HUNGUS to fight against the Northumbrians, whom he beat in a famous Battel, which (if I may mention the matter) was presignify'd to HUNGUS in a Dream, St. Andrew appearing to him, and assuring him of it; and in the time of Battel a white Cross (that which the Heralds call a Saltier, and we see commonly in the Scots Banners) appear'd in the Sky; and this I think to have bin the occasion of that bearing, and an Order of Knights of St. Andrew, somtimes in reputation in Scotland, but extinguish'd, for ought I can perceive, before the time of JAMES the Sixth, tho the Collar and Pendant of it are at this day worn about the Scots 66 Arms. To this man CONGAL his Cousin succeded, who left no­thing behind him but five years to stretch out the account of time. 67 DONGAL the Son of SOLUATH came next, who being of a Na­ture fierce and insupportable, there was an endeavor to set up ALPIN Son of ACHAIUS, which Design by ALPIN himself was frustat­ed, which made the King willinger to assist ALPIN in his pretension to the Kingdom of Picts; in which Attemt he was drown'd, and 68 left to ALPIN that which he before had so nobly refus'd, who mak­ing use of the former, rais'd an Army, beat the Picts in many signal Victorys; but at last was slain by them, leaving his name to the place 69 of his Death, and the Kingdom to his Son KENNETH. This man seeing the People broken with the late War, and unwilling to fight, drew them on by this Subtilty; he invites the Nobility to dinner, and after plying them with Drink till midnight, leaves them sleeping on the floor (as the manner was) and then hanging Fishskins about the Walls of the Chamber, and making one speak thro a Tube, and call them to war; they waking, and half asleep, suppos'd somthing of Divinity to be in it, aud the next morning not only consented to War, but (so strange is deluded imagination) with unspeakable Courage fell upon the Enemy and put them to the rout; which being confirm'd by other great Victorys, utterly ruin'd the Pictish Name. This man may be added to the two FERGUSES, and truly may be said to be the Founder of the Scots Empire, not only in making that the middle of his Dominion, which was once the bounds, but in confirming his [Page 21] Acquisitions with good Laws, having the opportunity of a long Peace, which was sixteen years, his whole time of Government being twen­ty. This was he that plac'd that Stone, famous for that illusory Pro­phecy, Ni fallat fatum, &c. (which first was brought out of Spain into Ireland, and from thence into Argyle) at Scoon; where he put it in a Chair, in which all his Successors (till EDWARD the First brought it away) were crown'd, and since that all the Kings of England, till the happiness of our Commonwealth made it useless. His Brother DONALD was his Successor, a man made up of extremitys of Vir­tues 70 and Vices; no man had more bravery in the Field, nor more Vice at home, which increasing with his yeras, the Nobility put him in prison, where either for fear or scorn he put an end to his days, leaving behind him his Brother CONSTANTIN, a Man wanting 71 nothing of him but his Vices, who strugling with a potent Enemy (for the Picts had call'd in the Danes) and driving them much into despair (a Bravery that has not seldom rain'd many excellent Captains) was taken by them, put into a little Cave, and there slain. He was suc­ceded by ETHUS his Brother, who had all his eldest Brother's Vices, 72 and none of his second's Virtues; Nature, it seems, making two ex­tremes and a middle in the three Brethren. This man voluptuous and cowardly, was forc'd to resign; or, as others say, dy'd of Wounds receiv'd in a Duel from his Successor, who was GREGORY Son of 73 DONGAL, who was not only an excellent Man, but an excellent Prince, that both recover'd what the others had lost, and victoriously travers'd the Northern Countys of England, and a great part of Ire­land; of whose King a Minor, and in his power, he generously made no advantage, but settled his Country, and provided faithful and able Guardians for him. These things justly yield him the name of Great. DONALD Son of CONSTANTIN the Second, by his 74 recommendation, succeded in his Power and Virtues, notwithstanding some say he was remov'd by Poison. Next was CONSTANTIN the the Third, Son of ETHUS, an unstable person, who assisted the 75 Danes, which none of his Predecessors would do; and after they had deserted him basely, yet yielded them Succors, consisting of the chief of the Scots Nobility, which with the whole Danish Army were rout­ed by the Saxons. This struck him so, that he retir'd among the Cul­dys (which were as the Greec Caloyers, or Romish Monks at this day) and there bury'd himself alive. After him was MILCOM, Son of 76 DONALD the Third, who tho a good Prince, and well skil'd in the Arts of Peace, was slain by a Conspiracy of those to whom his Virtue was burdensom. His Successor was INDULF (by what Title I find 77 not) who fighting with the Danes that with a Navy unexpectedly came into the Frith, was slain. DUF his Son succedes, famous for an Accident, 78 which if it be true, seems nearly distant from a Fable. He was sud­denly afflicted by a sweating Disease, by which he painfully lan­guish'd, yet no body could find the cause, till at last a Girl, that had scatter'd som words, after torments, confest that her Mother and som other women had made an Image of Wax, which, as it wasted, the King should wast, by sweating much: the place being diligently search'd, it was found accordingly; so the Image being broke, he in­stantly recover'd. That which disturb'd his five years Reign was the turbulency of the Northern People, whom, when he had reduc'd and taken, with intent to make exemplary Punishment, DONALD the [...] [Page 20] [...] [Page 21] [Page 22] Commander of the Castle of Forres, where he then lay, interceded for som of them; but being repuls'd, and exasperated by his Wife, after he had made all his Servants drunk, slew him in his Bed, and bury'd him under a little Bridg (lest the cutting of Turfs might dis­cover a Grave) near Kilros Abby; tho others say, he turn'd aside a River, and after he had bury'd him, suffer'd it to take its former 79 Chanel. CULEN the Son of INDULF, by the Election of Par­lament, or Convention of the People, succeded, good only in this one Action, of inquiring and punishing his Predecessor's Death; but after, by the neglect of Discipline, and the exquisiteness of his Vices, became a Monster, and so continued three years, till being weakned and ex­hausted in his Body, and vext with perpetual Diseases, he was sum­mon'd by the Parlament, and in the way was slain by a Thane (so they then call'd Lieutenants of Counties) whose Daughter he had ravish'd.

80 THEN came KENETH, Brother to DUF (tho the forepart of his Reign was totally unlike his) who being invaded by the Danes, beat them in that famous Battle, which was won by the three HAYS, Husbandmen (from whom all the HAYS now give three Shields Gules) who with their Sythes reinforc'd the lost Battle; but in his lat­ter time he lost this reputation, by poisoning MILCOLM Son of DUF, to preserve the Crown for a Son of his Name, tho of less merit (for says BUCHANAN, They use to chuse the fittest, not the nearest) which being don, he got ordain'd in a Parlament, that the Succession should be lineal, the Son should inherit, and be call'd Prince of Scots; and if he were a Minor, be govern'd by som wise Man (here coms the pretence of Succession, wheras before it was clearly Elective) and at fifteen he should chuse his Guardian himself. But the Divine Vengeance, which seldom, even in this life, passes by Murder, over­took him; for he was ensnar'd by a Lady, whose Son he had caus'd to be executed, and slain by an Arrow out of an Ambush she had laid. 81 CONSTANTIN the Son of CULEN, notwithstanding all the Ar­tifice of KENNETH, by his reasoning against the Act, perswaded most of the Nobility to make him King, so that MILCOLM the Son of KENNETH and he made up two Factions, which tore the Kingdom; till at length MILCOLMS Bastard Brother (himself be­ing in England assisting the Danes) fought him, routed his Army, and with the loss of his own Life took away his, they dying of mutual 82 Wounds. GRIME, of whose Birth they do not certainly agree, was chosen by the Constantinians, who made a good Party; but at the In­tercession of FORARD (an accounted Rabbi of the times) they at last agreed, GRIME being to enjoy the Kingdom for his Life, after which MILCOLUMB should succede, his Father's Law standing in force. But he, after declining into Leudness, Cruelty and Spoil (as Princes drunk with Greatness and Prosperity use to do) the People call'd back MILCOLUMB, who rather receiving Battle than giving it (for it was upon Ascension-day, his principal Holy-day) routed his Forces, wounded himself, took him, pull'd out his Eyes, which altogether made an end of his Life, all Factions and Humors being reconcil'd.

83 MILCOLUMB, who with various Fortune fought many signal Battles with the Danes, that under their King SUENO had invaded Scot­land, in his latter time grew to such Covetousness and Oppression, that [Page 23] all Authors agree he was murder'd, tho they disagree about the man­ner; som say by Con [...]ederacy with his Servants; som by his Kinsmen and Competitors; som by the Friends of a Maid whom he had ra­vish'd. DONALD his Grandchild succeded, a good-natur'd and 84 inactive Prince, who with a Stratagem of sleepy Drink destroy'd a Danish Army that had invaded and distrest him; but at last being in­snar'd by his Kinsman MACKBETH (who was prick'd forward by Ambition, and a former Vision of three Women of a sour human shape, whereof one saluted him Thane of Angus, another Earl of Murray, the third King) he was beheaded.

THE Severity and Cruelty of MACKBETH was so known, 85 that both the Sons of the murder'd King were forc'd to retire, and yeild to the times, while he courted the Nobility with Largesses. The first ten years he spent virtuously, but the remainder was so savage and tyrannical, that MACDUF Thane of Fife fled into England to MILCOLM Son of DONALD, who by his persuasions, and the assistance of the King of England, enter'd Scotland, where he found such great accessions to his Party, that MACKBETH was forc'd to fly; his Death is hid in such a mist of Fables, that it is not certainly known.

MILCOLUMB, the third of that name, now being quietly 86 seated, was the first that brought in those gay inventions and distincti­ons of Honors, as Dukes, Marquesses (that now are become so airy, that som carry them from places to which they have as little relation as to any Iland in America, and others from Cottages and Dovecotes) His first trouble was FORFAR, MACKBETH'S Son, who claim'd the Crown, but was soon after cut of. Som War he had with that WILLIAM whom we call falsly the Conqueror, som with his own People, which by the intercession of the Bishops were ended. At length quarrelling with our WILLIAM the Second, he laid siege to Alnwick Castle, which being forc'd to extremity, a Knight came out with the Keys on a Spear, as if it were to present them to him, and and to yield the Castle; but he, not with due heed receiving them, was run through the Ey and slain. Som from hence derive the name of PIERCY (how truly I know not) His Son and Successor ED­WARD following his Revenge too hotly, receiv'd som Wounds, of which within a few days he dy'd.

DONALD BANE (that is in Irish, White) who had fled in­to 87 the Iles for fear of MACKBETH, promis'd them to the King of Norway, if he would procure him to be King, which was don with ease, as the times then stood; but this Usurper being hated by the People, who generally lov'd the memory of MILCOLM, they se [...] DUNCAN, MILCOLM'S Bastard, against him, who forc'd him to 88 retire to his Iles. DUNCAN a military Man shew'd himself unfit for Civil Government; so that DONALD, waiting all advantages, caus'd him to be beheaded, and restor'd himself: But his Reign was so turbulent, the Ilanders and English invading on both sides, that they call'd in EDGAR Son of MILCOLM, then in England, who with small Assistances possest himself▪ all Men deserting DONALD, who being taken and brought to the King, dy'd in Prison. EDGAR 89 secure by his good Qualitys, and strengthen'd by the English Alliance, spent nine years virtuously and peaceably; and gave the People leave to breathe and rest, after so much trouble and bloodshed. His Brother [Page 24] 90 ALEXANDER, sirnam'd ACER, or the Fierce, succeded; the beginning of whose Reign being disturb'd by a Rebellion, he speedi­ly met them at the Spey, which being a swift River, and the Enemy on the other side, he offer'd himself to ford it on Horseback: but ALEXANDER CAR taking the Imployment from him, forded the River with such Courage, that the Enemy fled, and were quiet the rest of his Reign. Som say he had the name of ACER, because som Conspirators being by the fraud of the Chamberlain admitted into his Chamber, he casually waking, first slew the Chamberlain, and after him six of the Conspirators, not ceasing to pursue the rest, till he had slain most of them with his own hands: this with the building of som Abbys, and seventeen years Reign, is all we know of him.

91 HIS Brother DAVID succeded, one whose profuse Prodigality upon the Abbys brought the Revenue of the Crown (so prevalent was the Su­perstition of those days) almost to nothing. He had many Battels with our STEPHEN about the Title of MAUD the Empress; and having lost his excellent Wife and hopeful Son in the flower of their days, he 92 left the Kingdom to his Grandchildren, the eldest wherof was MIL­COLUMB a simple King, baffl'd and led up and down into France by our HENRY the Second; which brought him to such contemt, that he was vex'd by frequent Insurrections, especially them of Murray, whom he almost extirpated. The latter part of his Reign was spent in building Monasterys; he himself ty'd by a Vow of Chastity, would 93 never marry, but left for his Successor his Brother WILLIAM, who expostulating for the Earldom of Northumberland, gave occasion for a War, in which he was surpriz'd and taken, but afterwards releas'd up­on his doing Homage for the Kingdom of Scotland to King HENRY, of whom he acknowledg'd to hold it, and putting in caution the Castles of Roxboro (once strong, now nothing but Ruins) Barwic, Edinburg, Sterling, all which notwithstanding was after releas'd by RICHARD Coeur de Lyon, who was then upon an Expedition to the Holy War; from whence returning, both he and DAVID Earl of Huntingdon, Brother to the King of Scots, were taken Prisoners. The rest of his Reign (except the rebuilding of St. Johnston, which had bin destroy'd by Waters, wherby he lost his eldest Son, and som Treatys with our King JOHN) was little worth memory; only you will wonder that a Scotish King could reign forty nine years, and yet die in peace.

94 ALEXANDER his Son succeded, famous for little, except som Expeditions against our King JOHN, som Insurrections, and a Reign 95 two years longer than his Father's. His Son was the third of that name, a Boy of eight years old, whose Minority was infested with the turbulent CUMMINS; who when he was of age, being call'd to ac­count, not only refus'd to appear, but surpriz'd him at Sterling, go­verning him at their pleasure. But soon after he was awak'd by a fu­rious Invasion of ACHO King of Norway (under the pretence of som Islands given him by MACBETH) whom he forc'd to accept a Peace, and spent the latter part amidst the Turbulencys of the Priests (drunk at that time with their Wealth and Ease) and at last having seen the continu'd Funerals of his Sons DAVID, ALEXANDER, his Wife, and his Daughter, he himself with a fall from Horse broke his neck, leaving of all his Race only a Grandchild by his Daughter, which dy'd soon after.

[Page 25] THIS Man's Family being extinguish'd, they were forc'd to run to another Line, which, that we may see how happy an expedient imme­diat Succession is for the Peace of the Kingdom, and what Miseries it prevents, I shall, as briefly and as pertinently as I can, set down.

DAVID, Brother to K. WILLIAM, had three Daughters, MAR­GARET married to ALLAN Lord of Galloway, ISABEL married to ROBERT BRUCE Lord of Annandale and Cleveland, ADA married to HENRY HASTINGS Earl of Huntingdon. Now ALLAN be­got on his Wife DORNADILLA, married to JOHN BALIOL af­terwards King of Scotland, and two other Daughters. BRUCE on his Wife got ROBERT BRUCE Earl of Carick, having married the Heretrix therof. As for HUNTINGDON he desisted his claim. The question is, whether BALIOL in right of the eldest Daughter, or BRUCE being com of the second (but a Man) should have the Crown, he being in the same degree, and of the more worthy Sex. The Controversy being tost up and down, at last was refer'd to ED­WARD, the First of that name, King of England. He thinking to fish in these troubled waters, stirs up eight other Competitors, the more to en­tangle the business, and with twenty four Counsellors, half English, half Scots, and abundance of Lawyers fit enough to perplex the matter, so handled the business, after cunning delays, that at length he secretly tampers with BRUCE (who was then conceiv'd to have the better right of the business) that if he would acknowlege the Crown of him, he would adjudg it for him; but he generously answering, that he va­lu'd a Crown at a less rate, than for it to put his Country under a foren Yoke: He made the same motion to BALIOL, who accepted it; and so we have a King again, by what Right we all see; but it is good rea­son to think that Kings, com they by their Power never so unjustly, may justly keep it.

BALIOL having thus got a Crown, as unhappily kept it; for no 96 sooner was he crown'd, and had don homage to EDWARD, but the ABERNETHYS having slain MACDUF Earl of Fife, he not only pardon'd them, but gave them a piece of Land in controversy: wher­upon MACDUF'S Brother complains against him to EDWARD, who makes him rise from his Seat in Parlament, and go to the Bar: He hereupon enrag'd, denies EDWARD assistance against the French, and renounces his Homage. EDWARD immediatly coms to Berwi [...], takes and kills seven thousand, most of the Nobility of Fife and Low­thian, and afterwards gave them a great Defeat at Dunbar, whose Castle instantly surrender'd. After this he march'd to Montrose, where BALIOL resign'd himself and Crown, all the Nobility giving ho­mage to EDWARD. BALIOL is sent Prisoner to London, and from thence, after a years detention, into France. While EDWARD was pos­sest of all Scotland, one WILLIAM WALLACE arose, who being a privat man, bestir'd himself in the Calamity of his Country, and gave the English several notable foils. EDWARD coming again with an Army, beat him that was already overcom with Envy and Emula­tion as well as Power; upon which he laid by his Command, and never acted more, but only in slight Incursions. But the English being beat­en at Roslin, EDWARD coms in again, takes Sterling, and makes them all render Homage; but at length BRUCE seeing all his Promises no­thing but smoke, enters into League with CUMMIN to get the King­dom: but being betray'd by him to EDWARD, he stab'd CUMMIN [Page 26] 97 at Drumfreis, and made himself King. This man, tho he came with dis­advantage, yet wanted neither Patience, Courage, nor Conduct; so that after he had miserably lurk'd in the Mountains, he came down, and ga­thering together som Force, gave our EDWARD the Second such a defeat near Sterling, as Scotland never gave the like to our Nation: and continu'd the War with various fortune with the Third, till at last Age and Lepro­sy 98 brought him to his Grave. His Son DAVID, a Boy of eight years, inherited that which he with so much danger obtain'd, and wis­dom kept. In his Minority he was govern'd by THOMAS RAN­DOLF Earl of Murray, whose severity in punishing was no less dread­ed than his Valor had bin honor'd. But he soon after dying of poison; and EDWARD BALIOL, Son of JOHN, coming with a Fleet, and st [...]engthn'd with the assistance of the English, and som Robbers, the 99 Governor the Earl of Mar was routed, so that BALIOL makes him­self King, and DAVID was glad to retire into France. Amidst these Parties (EDWARD the Third backing BALIOL) was Scotland mi­serably torn, and the BRUCES in a manner extinguish'd, till RO­BERT (after King) with them of Argile and his own Family and Friends, began to renew the claim, and bring it into a War again; which was carried on by ANDREW MURRAY the Governor, and afterwards by himself: So that DAVID, after nine years banishment, durst return, where making frequent Incursions, he at length in the fourth year of his return march'd into England, and in the Bishoprick of Durham was routed, and fled to an obscure Bridg, shew'd to this day by the Inhabitants. There he was by JOHN COPLAND taken prisoner, where he continu'd nine years, and in the thirty ninth year of his Reign he dy'd.

100 ROBERT his Sisters Son, whom he had intended to put by, suc­cedes, and first brought the STUARTS (which at this day are a plague to the Nation) into play. This man after he was King, whether it were Age or Sloth, did little; but his Lieutenants and the English were perpetually in action. He left his Kingdom to JOHN his Bastard Son by the Lady MORE his Concubin, whom he marry'd, either to legi­timat the three Children (as the manner was then) he had by her, or else for old Acquaintance, his Wife and her Husband dying much about 101 time. This JOHN would be crown'd by the name of ROBERT (his own, they say, being unhappy for Kings) a wretched inactive Prince, lame, and only govern'd by his brother WALTER, who having DAVID the Prince upon complaint of som Exorbitancys deli­ver'd to his care, caus'd him to be starv'd; upon which the King in­tending to send his Son JAMES into France, the Boy was taken at Flamburg, and kept by our HENRY the Fourth: upon the hearing of which his Father swounded, and soon after dy'd. His Reign was me­morable for nothing but his breaking with GEORGE Earl of March (to whose Daughter, upon the payment of a great part of her Portion which he never would repay, he had promis'd his Son DAVID for a Husband) to take the Daughter of DOUGLAS who had a greater; which occasion'd the Earl of March to make many inrodes with our HENRY HOTSPUR; and a famous Duel of three hun­dred men apiece, wherof on the one side ten remain'd, and on the o­ther one, which was the only way to appease the deadly Feuds of these two Familys. The Interreign was govern'd by ROBERT, who enjoying the Power he had too much coveted, little minded the [Page 27] Liberty of his Nephew, only he sent som Auxiliarys into France, who, they say, behav'd themselves worthily; and his slothful Son MORDAC, who making his Sons so bold with Indulgence, that one of them kil'd a Falcon on his fist, which he deny'd to give him: he in revenge procur'd the Parlament to ransom the King, who had bin eighteen years a Prisoner. This JAMES was the First of that name, 102 and tho he was an excellent Prince, yet had a troublesom Reign; first, in regard of a great Pension rais'd for his Ransom; next, for domestic Commotions; and lastly, for raising of Mony; which, tho the Re­venue was exhausted, was call'd Covetousness. This having offended ROBERT GRAHAM, he conspir'd with the Earl of Athol, slew him in his Chamber, his Wife receiving two wounds, endeavoring to defend him.

THIS JAMES left the Second, a Boy of six years, whose Infan­cy, 103 by the misguidance of the Governor, made a miserable People, and betray'd the Earl DOUGLAS to death, and almost all that great Family to ruin; but being supplanted by another Earl DOUGLAS, the King in his just age suffer'd Minority under him, who upon dis­pleasure rebel'd, and was kil'd by the King's own hand. Afterwards having his middle years perpetually molested with civil Broils, yet go­ing to assist the Duke of York against HENRY the Sixth, he was diverted by an English Gentleman that counterfeited himself a Nuncio (which I mention out of a Manuscript, because I do not remember it in our Storys) and broke up his Army. Soon after besieging Rox­burg, he was slain by the bursting of a Cannon in the twenty ninth year of his Age.

JAMES the Second left a Boy of seven Years, govern'd by his Mo­ther, 104 and afterwards by the BOYDS; thro the persuasions of Astrolo­gers and Witches, to whom he was strongly addicted, he declin'd to Cruelty; which so inrag'd the Nobility, that, headed by his Son, they conspir'd against him, routing his Forces near Sterling, where he flying to a Mill, and asking for a Confessor, a Priest came, who told him, that tho he was no good Priest, yet he was a good Leech, and with that stab'd him to the heart. A Parlament approv'd his death, and order'd Indemnitys to all that had fought against him.

JAMES the Fourth, a Boy of fifteen Years, is made King, go­vern'd 105 by the Murderers of his Father; a prodigal, vainglorious Prince, slain at Floddon Field, or, as som suppose, at Kelsy by the HUMES, which (as the Manuscript alleges) seems more probable, in regard that the Iron Belt (to which he added a Ring every Year) which he wore in repentance for the death of his Father, was never found, and there were many, the day of Battle, habited like him. His Successor was his Son JAMES, the Fifth of that name, a Boy of not above two 106 years of age; under whose Minority, what by the misgovernment of Tutors, and what by the Factions of the Nobility, Scotland was wast­ed almost into Famin and Solitude: however in his just Age he prov'd an industrious Prince, yet could not so satisfy the Nobility, but that he and they continued in a mutual hate, till that barbarous execution of young HAMILTON so fil'd him with Remorse, that he dream'd he came and cut of his two Arms, and threaten'd after to cut of his Head. And he displeas'd the People so much, that he could not make his Army fight with the English then in Scotland; wherupon he dy'd of grief, having first heard the death of his two Sons, who dy'd at the [Page 28] instant of his Dream, and leaving a Daughter of five days old, whom he never saw.

107 THIS was that MARY under whose Minority (by the weak­ness of the Governor, and ambition of the Cardinal) the Kingdom felt all those Woes that are threaten'd to them whose King is a Child; till at length the prevalency of the English Arms (awak'd for her cause) brought the great design of sending her into France to per­fection: So at five Years old she was transported, and at fifteen mar­ry'd to the Dolphin FRANCIS, after King; while her Mother, a Daughter of the GUISE, in her Regency, exercis'd all Rage against the Professors of the pure Religion then in the dawn. FRANCIS af­ter two Years left her a childless Widow, so that at eighteen she re­turn'd into Scotland to succede her Mother (then newly dead) in her Exorbitancys.

I HAD almost forgot to tell, that this young Couple in the transport of their nuptial Solemnitys took the Arms and Title of Eng­land; which indiscrete Ambition we may suppose first quicken'd the jealousy of ELIZABETH against her, which after kindl'd so great a flame.

IN Scotland she shew'd what a strange influence loose Education has upon Youth, and the weaker Sex. All the French Effeminacys came over with her, and the Court lost that little Severity which was left. DAVID RIZIO, an Italian Fidler, was the only Favorit, and it is too much fear'd, had those enjoyments which no Woman can give but she that gives away her Honor and Chastity.

BUT a little after, HENRY Lord Darnly coming with MAT­THEW Earl of Lenox, his Father, into Scotland, she cast an ey upon him, and marry'd him. Whether it were to strengthen her preten­sion to England, he being com of HENRY the Seventh's Daughter, as we shall tell anon, or to color her Adulterys, and hide the shame of an Impregnation (tho som have whisper'd, that she never conceiv'd, and that the Son was supposititious) or som Phrenzy of Affection drew her that way; certain it is she soon declin'd her Affection to her Husband, and increas'd it to DAVID (he being her perpetual Com­panion at board, and managing all Affairs, while the King with a con­temtible Train was sent away) insomuch that som of the Nobility that could not digest this, enter'd a Conspiracy, which the King head­ed, and slew him in her Chamber.

THIS turn'd all her neglect of the King into rage, so that her chiefest business was to appease her Favorits Ghost with the slaughter of her Husband; poison was first attemted, but it being (it seems) too weak, or his Youth overcoming it, that expectation fail'd. But the Devil and BOTHWEL furnish'd her with another that succeded; she so intices him, being so sick that they were forc'd to bring him in a Horslitter to Edinburg, where she cherish'd him extremely, till the credulous young man began to lay aside suspicion, and to hope better: So she puts him into a ruinous house near the Palace, from whence no news can be had, brings in her own bed, and lys in the house with him; and at length when the design was ripe, causes him one Sunday night, with his Servant, to be strangl'd, thrown out of the Window, and the house to be blown up with Gunpowder, her own rich Bed having bin before secretly convey'd away. This and other perfor­mances made her favor upon BOTHWEL so hot, that she must marry [Page 29] him; the only obstacle was, he had a Wife already; but she was compel'd to sue for a Divorce, which (so great Persons being con­cern'd) it was a wonder it should be granting so long as ten days. Well, she marrys; but the more honest Nobility amaz'd at those Ex­orbitancys, assemble together, and with Arms in their hands begin to expostulat. The newmarry'd Couple are forc'd to make back South­wards; where finding but slender assistance, and the Queen foolishly coming from Dunbar to Leith, was glad at last to delay a parly till her Dear was escap'd; and then (clad in an old tatter'd coat) to yield her self a Prisoner.

BEING brought to Edinburg, and us'd rather with hate of her former Enormitys, than pity of her present Fortune, she receiv'd a Message, that she must either resign the Crown to her Son JAMES (that was born in the time of her marriage with DARNLY) or else they would procede to another Election, and was forc'd to obey. So the Child then in his Cradle was acknowleg'd JAMES the Sixth, bet­ter 108 known afterwards by the Title of Great Britain.

THE wretched Mother flying after into England, was entertain'd (tho with a Guard) by Queen ELIZABETH; but after that being suborn'd by the Papists, and exasperated by the GUIZES, she enter'd into Plots and Machinations, so inconsistent with the Safety of England, that by an Act of Parlament she was condemn'd to death, which she receiv'd by a Hatchet at Fotheringay Castle.

THE Infancy of her Son was attended with those domestic Evils that accompany the Minority of Kings. In his Youth he took to Wife the Daughter of Denmark (a Woman I hear little of, saving the Cha­racter SALUST gives SEMPRONIA, that she could dance better than became a virtuous Woman) with whom he supposing the Earl GOWRY too much in League, caus'd him and his Brother to be slain at their own house whither he was invited; he giving out, that they had an intent to murder him; and that by miracle and the assistance of som men (whom he had instructed for that purpose, and taught their tale) he escap'd. For this Deliverance (or to say better, As­sassination) he blasphem'd God with a solemn Thanksgiving once a Year all the remainder of his Life.

WELL had it bin for us, if our Forefathers had laid hold of that happy opportunity of ELIZABETH'S Death (in which the TEU­THORS took a period) to have perform'd that which, perhaps in due punishment, has cost us so much blood and sweat; and not have bow'd under the sway of a Stranger, disdain'd by the most generous and wise at that time, and only supported by the Faction of som, and the Sloth of others; who brought but a slender Title, and (however the flat­tery of the times cry'd him up for a SOLOMON) weak Commenda­tions for such an advancement.

HIS Title stood thus, MARGARET, eldest Daughter to HEN­RY the Seventh, was marry'd to JAMES the Fourth, whose Son JAMES the Fifth had MARY the Mother of JAMES the Sixth. MARGARET after her first Husband's death, marrys ARCHIBALD DOUGLAS Earl of Angus, who upon her begot MARGARET Wife of MATTHEW Earl of Lenox, and Mother of that HENRY DARNLY, whose tragical End we just now mention'd. Now upon this slender Title, and our internal Dissensions (for the Cecilians and Essexians, for several ends, made perpetual Applications) got [Page 30] JAMMY from a Revenue of 30000 l. to one of almost two Millions, tho there were others that had as fair pretences (and what else can any of them make?) the Statute of 25 Edw. 3. expresly excluding Foren­ers from the Crown: and so the Children of CHARLES BRAN­DON by MARY the second Daughter, Dowager of France, being next to com in. And the Lady ARABELLA being sprung from a third Husband (the Lord STUART) of the said MARGARET, and by a Male Line, carry'd surely so formidable a pretension (it should seem) that even that Iniquity which was personally inherent to her, made her days very unhappy, and for most part captive, and her death ('tis thought) somwhat too early; so cruel are the Perse­cutions of cowardly minds, even against the weakest and most unpro­tected Innocence.

AND indeed his Right to the Crown was so unsatisfactory even to the most judicious of those days, that TOBY MATTHEWS having suit about som Privileges which he claim'd to his Bishoprick (which was then Durham) wherin the King oppos'd him; and having one day stated the Case before som of his Friends, who seem'd to ap­prove of it; yes, says he, I could wish he had but half so good a Ti­tle to the Crown. And 'tis known that some Speeches of Sir WAL­TER RAWLEY, too generous and English for the times, was that which brought him to Trial and Condemnation for a seign'd Crime; and afterwards so facilitated that barbarous Design of GUNDAMAR, to cut of his Head for a Crime, for which he was condemn'd fourteen years before, and which by the Commissions he after receiv'd (ac­cording to the opinion of the then Lord Chancellor, and the greatest Lawyers) was in Law pardon'd.

THIS may appear besides our purpose; but we could not sever this consideration, unless we would draw him with a half face, and leave as much in umbrage as we exprest. That which most solem­niz'd his Person was, first the consideration of his adhering to the Pro­testant Religion; wheras we are to consider that those slight Velitati­ons he had with BELLARMIN and the Romanists, tended rather to make his own Authority more intrinsically intense and venerable, than to confute any thing they said: for he had before shak'd them of as to foren Jurisdiction; and for matter of Popery, it appear'd in his lat­ter time that he was no such enemy to it, both by his own compliances with the Spanish Embassadors, the design of the Spanish Match (in which his Son was personally imbarkt) and the slow assistances sent to his Daughter, in whose safety and protection Protestantism was at that time so much concern'd.

FOR his Knowlege, he had some glancings and niblings, which the Severity of the excellent BUCHANAN forc'd into him in his younger time, and after conversation somwhat polish'd. But tho I bear not so great a contemt to his other Works, as BEN JOHNSON did to his Poetry, yet if they among many others were going to the fire, they would not be one of the first I should rescue, as possibly ex­pecting a more severe and refin'd Judgment in many others; and know­ing that he that had so many able Wits at command, might easily give their Oracles thro his Mouth. But suppose the things generous and fit to live (as I am not yet convinc'd) yet what commendation is this to a King, who should have other business than spinning and weaving fine Theorys, and engaging in School Chiquaneries? which was well un­derstood [Page 31] by HENRY the Fourth, who hearing som men celebrat him with these Attributes; yes (answer'd he, very tartly) He is a fine King, and writes little Books.

'TIS true, he was a good Drol, and possibly after Greec Wine somwhat factious: But of his substantial and heroic Wisdom I have not heard any great Instances. He himself us'd to brag of his King­craft, which was not to render his People happy, and to prosecute the ends of a good King, but to scrue up the Prerogative, divert Parla­ments from the due disquisition and prosecution of their Freedoms, and to break them up at pleasure; and indeed his parting with the Cautio­nary Towns of the Low Countrys, and that for so small a Sum, shew'd him a Person not so quicksighted, or unfit to be overreach'd.

FOR his peaceable Reign, honorable and just Quarrels he wanted not; but sloth and cowardice witheld him: and indeed the ease and luxury of those times fomented and nourish'd those lurking and pestilent humors, which afterwards so dangerously broke out in his Son's Reign.

WE shall not trouble his Ashes with the mention of his personal Faults; only, if we may compare God's Judgments with apparent Sins, we may find the latter end of his Life neither fortunat nor com­fortable to him. His Wife distasted by him, and som say, languishing of a soul Disease; his eldest Son dying with too violent symtoms of Poison, and that, as is fear'd, by a hand too much ally'd; his second (against whom he ever had a secret antipathy) scarce return'd from a mad and dangerous Voyage; his Daughter (all that was left of that Sex) banish'd, with her numerous Issue, out of her Husband's Do­minion, and living in miserable Exile; and lastly, himself dying of a violent death by poison, in which his Son was more than suspected to have a hand, as may be infer'd from BUCKINGHAM'S Plea, that he did it by the Command of the Prince, and CHARLES'S dissolu­tion of the Parlament that took in hand to examin it; and lastly, his indifferency at Buckingham's death (tho he pretended all love to him alive) as glad to be rid of so dangerous and so considerable a Partner of his Guilt. Yet the miter'd Parasits of those times could say, that one went to Heaven in Noah's Ark, the other in Elisha's Chariot, he dying of a pretended Fever, she (as they said) of a Dropsy.

CHARLES having now obtain'd his Brother's Inheritance, car­ry'd 109 himself in managing of it like one that gain'd it as he did. The first of his Acts was that glorious attemt upon the Ile of Rhee. The next, that Noble and Christian betraying of Rochel, and consequently in a manner the whole Protestant Interest in France. The middle of the Reign was heightening of Prerogative and Prelacy, and conform­ing our Churches to the pattern of Rome; till at last just Indignation brought his Subjects of Scotland into England, and so forc'd him to call a Parlament: which tho he shamelesly says in the first line of the Book, call'd his, was out of his own inclination to Parlaments, yet how well he lik'd them, may appear by his first tampering with his own Army in the North, to surprize and dissolve them; then with the Scots, who at that time were Court proof; then raising up the Irish Rebellion, which has wasted millions of Lives; and lastly, his open secession from Westminster, and hostility against the two Houses, which maintain'd a first and second sharp War, that had almost ruin'd the Nation, had not Providence in a manner immediatly interpos'd and [Page 32] rescu'd us to Liberty, and made us such signal Instruments of his Ven­geance, that all wicked Kings may tremble at the example.

IN a word, never was Man so resolute and obstinat in a Tyranny; never People more strangely besotted with it. To paint the Image of DAVID with his face, and blasphemously to parallel him with CHRIST, would make one at first thought think him a Saint: But to compare his Protestations and Actions; his Actions of the Day, his Actions of the Night; his Protestant Religion, and his courting of the Pope; and obedience to his Wife; we may justly say, he was one of the most consummat in the Arts of Tyranny that ever was. And it could be no other than God's hand that arrested him in the height of his Designs and Greatness, and cut off him and his Family, making good his own Imprecations on his own Head.

110 OUR Scene is again in Scotland, which has accepted his Son, whom for distinction sake we will be content to call CHARLES the Second. Certainly these People were strangely blind as to God's Judgment per­petually pour'd out upon a Family; or else wonderfully addicted to their own Interest, to admit the spray of such a stock; one that has so little to commend him, and so great improbability to further their Designs and Happiness; a Popish Education if not Religion too, however for the present he may seem to dissemble it; France, the Je­suits, and his Mother, good means of such an improvement; the dan­gerous Maxims of his Father, besides the Revenge he ows his Death, of which he will never totally acquit the Scots; his Hate to the whole Nation; his Sense of MONTROSE'S Death; his backwardness to com to them till all other means fail'd (both his foren beg'd Assistan­ces, his Propositions to the Pope, and Commissions to MONTROSE) and lastly, his late running away to his old Friends in the North: so that any man may see his present compliance to be but histrionical and forc'd, and that as soon as he has led them into the Snare, and got power into his own hands, so as that he may appear once more bare­fac'd, he will be a scourge upon them for their gross Hypocrisy, and leave them a sad Instance to all Nations, how dangerous it is to espouse such an Interest, against which God with so visible and severe a hand dos fight, carry'd on by and for the support of a tyrannizing Nobility and Clergy, and wherin the poor People are blindly led on by those afrighting (but false and ungrounded) pretensions of Perfidy and Perjury, and made instrumental with their own Estates and Blood to­wards inslaving and ruining themselves.

The Preliminarys, shewing the Principles of Government.

JANOTTI, the most excellent Describer of the Commonwealth of Venice, divides the whole Series of Government into two Times or Periods. The one ending with the Liberty of Rome, which was the Course of Empire, as I may call it, of Antient Prudence, first discover'd to mankind by GOD himself in the Fabric of the Commonwealth of Israel, and afterwards pick'd out of his Footsteps in Nature, and unanimously follow'd by the Greecs and Romans. The other beginning with the Arms of CAESAR, which, extinguishing Liberty, were the Transition of Antient into Modern Prudence, intro­duc'd by those Inundations of Huns, Goths, Vandals, Lombards, Sax­ons, which, breaking the Roman Empire, deform'd the whole face of the World with those ill features of Government, which at this time are becom far worse in these western parts, except Venice, which e­scaping the hands of the Barbarians, by virtue of its impregnable Situation, has had its ey fix'd upon antient Prudence, and is attain'd to a perfection even beyond the Copy.

Definitions of Government. RELATION being had to these two times, Government (to define it de jure, or according to antient Prudence) is an Art wherby a Civil Society of Men is instituted and preserv'd upon the Foundation of common Right or Interest; or (to follow ARISTOTLE and LIVY) It is the Empire of Laws, and not of Men.

AND Government (to define it de facto, or according to modern Prudence) is an Art wherby som man, or som few men, subject a City or a Nation, and rule it according to his or their privat Interest: which, because the Laws in such cases are made according to the in­terest of a man, or of som few Familys, may be said to be the Em­pire of Men, and not of Laws.

[Page 38] THE former kind is that which MACHIAVEL (whose Books are neglected) is the only Politician that has gon about to retrieve; and Pag. 180. Pag. 377.that LEVIATHAN (who would have his Book impos'd upon the Universitys) gos about to destroy. For, It is (says he) another Er­ror of ARISTOTLE'S Politics, that in a well-order'd Commonwealth not Men should govern, but the Laws. What man that has his natural senses, tho he can neither write nor read, dos not find himself govern'd by them he fears, and believes can kill or hurt him when he obeys not? Or, who believes that the Law can hurt him, which is but Words and Paper, without the Hands and Swords of men? I confess, that ^*the Magistrat upon his Bench is that to the Law, which a Gunner upon his Platform is to his Can­non. Nevertheless, I should not dare to argue with a man of any In­genuity after this manner. A whole Army, tho they can neither write nor read, are not afraid of a Platform, which they know is but Earth or Stone; nor of a Cannon, which without a hand to give fire to it, is but cold Iron; therfore a whole Army is afraid of one man. But of this kind is the Ratiocination of LEVIATHAN (as I shall shew in divers places that com in my way) throout his whole Politics, Pag. 111.or worse; as where he says of ARISTOTLE and of CICERO, of the Greecs, and of the Romans, who liv'd under popular States, that they de­riv'd those Rights not from the Principles of Nature, but transcrib'd them into their Books, out of the practice of their own Commonwealths, as Gram­marians describe the Rules of Language out of Poets. Which is as if a man should tell famous HERVY, that he transcrib'd his Circulation of the Blood not out of the Principles of Nature, but out of the Anatomy of this or that Body.

TO go on therfore with this preliminary Discourse, I shall divide it (according to the two definitions of Government relating to JANOT­TI'S two times) into two parts. The First treating of the Principles of Government in general, and according to the Antients: The Second treating of the late Governments of Oceana in particular, and in that of modern Prudence.

Division of Go­vernment. GOVERNMENT, according to the Antients, and their learn'd Disciple MACHIAVEL, the only Politician of later Ages, is of three kinds; The Government of One Man, or of the Better sort, or of the whole People: which by their more learn'd names are call'd Monarchy, Aristocracy, and Democracy. These they hold, thro their proneness to degenerat, to be all evil. For wheras they that go­vern should govern according to Reason, if they govern according to Passion, they do that which they should not do. Wherfore as Reason and Passion are two things, so Government by Reason is one thing, and the corruption of Government by Passion is another thing, but not always another Government: as a Body that is alive is one thing, and a Body that is dead is another thing, but not always ano­ther Creature, tho the Corruption of one coms at length to be the Generation of another. The Corruption then of Monarchy is call'd Tyranny; that of Aristocracy, Oligarchy; and that of Democracy, A­narchy. But Legislators having found these three Governments at the best to be naught, have invented another consisting of a mixture of them all, which only is good. This is the Doctrin of the Antients.

[Page 39] BUT LEVIATHAN is positive, that they are all deceiv'd, and that there is no other Government in Nature than one of the three; as also that the Flesh of them cannot stink, the names of their Corrup­tions being but the names of mens Phansies, which will be understood when we are shown which of them was Senatus Populusque Romanus.

TO go my own way, and yet to follow the Antients, the Principles of Government are twofold; Internal, or the goods of the Mind; and External, or the goods of Fortune. The goods of the Mind are Goods of the Mind and of Fortune.natural or acquir'd Virtues, as Wisdom, Prudence, and Courage, &c. The goods of Fortune are Riches. There be goods also of the Body, as Health, Beauty, Strength; but these are not to be brought into ac­count, upon this score, because if a Man or an Army acquires Victory or Empire, it is more from their Disciplin, Arms, and Courage, than from their natural Health, Beauty, or Strength, in regard that a Peo­ple conquer'd may have more of natural Strength, Beauty and Health, and yet find little remedy. The Principles of Government then are in the goods of the Mind, or in the goods of Fortune. To the goods of the Mind answers Authority; to the goods of Fortune, Power or Em­pire. Empire and Authority.Wherfore LEVIATHAN, tho he be right where he says that Riches are Power, is mistaken where he says that Prudence, or the repu­tation of Prudence, is Power: for the Learning or Prudence of a Man is no more Power than the Learning or Prudence of a Book or Author, which is properly Authority. A learned Writer may have Authority tho he has no Power; and a foolish Magistrat may have Power, tho he has otherwise no Esteem or Authority. The difference of these two is observ'd by LIVY in EVANDER, of whom he says, ^*that he govern'd rather by the Authority of others, than by his own Power.

Empire. TO begin with Riches, in regard that Men are hung upon these, not of choice as upon the other, but of necessity and by the teeth: for as much as he who wants Bread is his Servant that will seed him; if a Man thus seeds a whole People, they are under his Empire.

Division of Empire. EMPIRE is of two kinds, Domestic and National, or Foren and Provincial.

Domestic Em­pire. Dominion.DOMESTIC Empire is founded upon Dominion.

DOMINION is Property real or personal, that is to say, in Lands, or in Mony and Goods.

Balance in Lands. LANDS, or the parts and parcels of a Territory, are held by the Proprietor or Proprietors, Lord or Lords of it, in som proportion; and such (except it be in a City that has little or no Land, and whose Revenue is in Trade) as is the proportion or balance of Dominion or Property in Land, such is the nature of the Empire.

Absolute Mo­narchy. IF one Man be sole Landlord of a Territory, or overbalance the People, for example three parts in four, he is Grand Signior: for so the Turk is call'd from his Property; and his Empire is absolute Monarchy.

Mix'd Mo­narchy. IF the Few or a Nobility, or a Nobility with the Clergy be Land­lords, or overbalance the People to the like proportion, it makes the Gothic balance (to be shewn at large in the second part of this Dis­course) and the Empire is mix'd Monarchy, as that of Spain, Poland, and late of Oceana.

[Page 40] Popular Go­vernment. AND if the whole People be Landlords, or hold the Lands so divided among them, that no one Man, or number of Men, within the compass of the Few or Aristocracy, overbalance them, the Empire (without the interposition of Force) is a Commonwealth.

Tyranny. Oligarchy. Anarchy. IF Force be interpos'd in any of these three cases, it must either frame the Government to the Foundation, or the Foundation to the Government; or holding the Government not according to the balance, it is not natural, but violent: and therfore if it be at the devotion of a Prince, it is Tyranny; if at the devotion of the Few, Oligarchy; or if in the power of the People, Anarchy. Each of which Confusions, the balance standing otherwise, is but of short continuance, because against the nature of the balance, which, not destroy'd, destroys that which opposes it.

BUT there be certain other Confusions, which, being rooted in the balance, are of longer continuance, and of worse consequence; as first, where a Nobility holds half the Property, or about that pro­portion, and the People the other half; in which case, without altering the balance, there is no remedy but the one must eat out the other: as the People did the Nobility in Athens, and the Nobility the People in Rome. Secondly, when a Prince holds about half the Dominion, and the People the other half (which was the case of the Roman Empe­rors, planted partly upon their military Colonies, and partly upon the Senat and the People) the Government becoms a very shambles both of the Princes and the People. Somwhat of this nature are certain Governments at this day, which are said to subsist by confusion. In this case, to fix the balance, is to entail misery: but in the three for­mer, not to fix it, is to lose the Government. Wherfore it being un­lawful in Turky, that any should possess Land but the Grand Signior, the balance is fix'd by the Law, and that Empire firm. Nor, tho the Kings often fell, was the Throne of Oceana known to shake, until the Statute of Alienations broke the Pillars, by giving way to the No­bility to sell their Estates. ^*While Lacedemon held to the division of Land made by LYCURGUS, it was immovable, but, breaking that, could stand no longer. This kind of Law fixing the balance in Lands is call'd Agrarian, and was first introduc'd by God himself, who di­vided the Land of Canaan to his People by Lots, and is of such virtue, that wherever it has held, that Government has not alter'd, except by consent; as in that unparallel'd example of the People of Israel, when being in liberty they would needs chuse a King. But without an Agrarian, Government, whether Monarchical, Aristocratical, or Popu­lar, has no long Lease.

AS for Dominion personal or in Mony, it may now and then stir up a MELIUS or a MANLIUS, which, if the Commonwealth be not provided with som kind of Dictatorian Power, may be dangerous, tho it has bin seldom or never successful: because to Property produ­cing Empire, it is requir'd that it should have som certain root or foothold, which, except in Land, it cannot have, being otherwise as it were upon the Wing.

Balance in Mony. NEVERTHELESS, in such Cities as subsist mostly by Trade, and have little or no Land, as Holland and Genoa, the balance of Trea­sure may be equal to that of Land in the cases mention'd.

[Page 41] BUT LEVIATHAN, tho he seems to scew at Antiquity, follow­ing his furious Master CARNEADES, has caught hold of the public Sword, to which he reduces all manner and matter of Government; as, where he affirms this opinion [that any Monarch receives his Power Pag. 89. by Covenant, that is to say, upon conditions] to procede from the not un­derstanding this easy truth, That Covenants being but Words and Breath, have no power to oblige, contain, constrain, or protect any Man, but what they have from the public Sword. But as he said of the Law, that with­out this Sword it is but Paper; so he might have thought of this Sword, that without a Hand it is but cold Iron. The Hand which holds this Sword is the Militia of a Nation; and the Militia of a Na­tion is either an Army in the field, or ready for the field upon occasion. But an Army is a Beast that has a great belly, and must be fed; wherfore this will com to what Pastures you have, and what Pastures you have will com to the balance of Property, without which the pub­lic Sword is but a name or mere spitfrog. Wherfore to set that which LEVIATHAN says of Arms and of Contracts a little streighter; Arms and Con­tracts.he that can graze this Beast with the great belly, as the Turk dos his Timariots, may well deride him that imagins he receiv'd his Power by Covenant, or is oblig'd to any such toy: it being in this case only that Covenants are but Words and Breath. But if the Property of the Nobility, stock'd with their Tenants and Retainers, be the pasture of that Beast, the Ox knows his Master's Crib; and it is impossible for a King in such a Constitution to reign otherwise than by Covenant; or if he breaks it, it is words that com to blows.

Pag. 90. BUT says he, when an Assembly of Men is made Soverain, then no Man imagins any such Covenant to have past in the Institution. But what was that by PUBLICOLA of appeal to the People, or that wher­by the People had their Tribuns? [...]y, says he, no body is so dull as to say, that the People of Rome made a Covenant with the Romans, to hold the Soverainty on such or such conditions; which not perform'd, the Ro­mans might depose the Roman People. In which there be several re­markable things; for he holds the Commonwealth of Rome to have consisted of one Assembly, wheras it consisted of the Senat and the People; That they were not upon Covenant, wheras every Law en­acted by them was a Covenant between them; That the one Assembly was made Soverain, wheras the People who only were Soverain, were such from the beginning, as appears by the antient stile of their Co­venants or Laws, ^* The Senat has resolv'd, the People have decreed; That a Council being made Soverain, cannot be made such upon con­ditions, wheras the Decemvirs being a Council that was made Sove­rain, was made such upon conditions; That all Conditions or Cove­nants making a Soverain, the Soverain being made, are void; whence Pag. 89.it must follow that, the Decemviri being made, were ever after the lawful Government of Rome, and that it was unlawful for the Com­monwealth of Rome to depose the Decemvirs; as also that CICERO, if he wrote otherwise out of his Commonwealth, did not write out of Nature. But to com to others that see more of this balance.

B. 5, 3. 3, 9. YOU have ARISTOTLE full of it in divers places, especially where he says, that immoderat Wealth, as where One Man or the Few have greater Possessions than the Equality or the Frame of the Commonwealth [Page 42] will bear, is an occasion of Sedition, which ends for the greater part in Mo­narchy; and that for this cause the Ostracism has bin receiv'd in divers places, as in Argos and Athens. But that it were better to prevent the growth in the beginning, than, when it has got head, to seek the remedy of such an evil.

D. B. 1. c. 55. MACCHIAVEL has miss'd it very narrowly and more danger­ously; for not fully perceiving that if a Commonwealth be gall'd by the Gentry, it is by their overbalance, he speaks of the Gentry as hostil to popular Governments, and of popular Governments as hostil to the Gentry; and makes us believe that the People in such are so inrag'd a­gainst them, that where they meet a Gentleman they kill him: which can never be prov'd by any one example, unless in civil War; seeing that even in Switzerland the Gentry are not only safe, but in honor. But the Balance, as I have laid it down, tho unseen by MACCHI­AVEL, is that which interprets him, and that which he confirms by his Judgment in many others as well as in this place, where he concludes, That he who will go about to make a Commonwealth where there be many Gentlemen, unless he first destroys them, undertakes an Impossibility. And that he who goes about to introduce Monarchy where the condition of the People is equal, shall never bring it to pass, unless he cull out such of them as are the most turbulent and ambitious, and make them Gentlemen or No­blemen, not in name but in effect; that is, by inriching them with Lands, Castles, and Treasures, that may gain them Power among the rest, and bring in the rest to dependence upon themselves, to the end that they main­taining their Ambition by the Prince, the Prince may maintain his Power by them.

WHERFORE as in this place I agree with MACCHIAVEL, that a Nobility or Gentry, overbalancing a popular Government, is the utter bane and destruction of it; so I shall shew in another, that a Nobility or Gentry, in a popular Government not overbalancing it, is the very life and soul of it.

The right of the Militia stated. BY what has bin said, it should seem that we may lay aside further disputes of the public Sword, or of the right of the Militia; which, be the Government what it will, or let it change how it can, is insepa­rable from the overbalance in Dominion: nor, if otherwise stated by the [...]aw or Custom (as in the Commonwealth of Rome, ^*where the People having the Sword, the Nobility came to have the overbalance) avails it to any other end than destruction. For as a Building swaying from the Foundation must fall, so it fares with the Law swaying from Reason, and the Militia from the balance of Dominion. And thus much for the balance of National or Domestic Empire, which is in Dominion.

The Balance of foren Empire. THE balance of Foren or Provincial Empire is of a contrary na­ture. A man may as well say, that it is unlawful for him who has made a fair and honest purchase to have Tenants, as for a Government that has made a just progress, and inlargement of it self, to have Pro­vinces. But how a Province may be justly acquir'd, appertains to ano­ther place. In this I am to shew no more than how or upon what kind of balance it is to be held; in order wherto I shall first shew upon what kind of balance it is not to be held. It has bin said, that nati­onal or independent Empire, of what kind soever, is to be exercis'd [Page 43] by them that have the proper balance of Dominion in the Nation; wherfore provincial or dependent Empire is not to be exercis'd by them that have the balance of Dominion in the Province, because that would bring the Government from Provincial and Dependent, to National and Independent. Absolute Monarchy, as that of the Turks, neither plants its People at home nor abroad, otherwise than as Tenants for life or at will; wherfore its National and Provincial Government is all one. But in Governments that admit the Citizen or Subject to Domi­nion in Lands, the richest are they that share most of the Power at home; wheras the richest among the Provincials, tho native Subjects, or Citizens that have bin transplanted, are least admitted to the Go­vernment abroad: for men, like slowers or roots being transplanted, take after the soil wherin they grow. Wherfore the Commonwealth of Rome, by planting Colonys of its Citizens within the bounds of Italy, took the best way of propagating it self, and naturalizing the Country; wheras if it had planted such Colonys without the bounds of Italy, it would have alienated the Citizens, and given a root to Li­berty abroad that might have sprung up foren, or savage, and hostil to her: wherfore it never made any such dispersion of it self and its strength, till it was under the yoke of the Emperors, who disburden­ing themselves of the People, as having less apprehension of what they could do abroad than at home, took a contrary course.

THE Mamalucs (which till any man shew me the contrary, I shall presume to have bin a Commonwealth consisting of an Army, wherof the common Soldier was the People, the Commission Officer the Senat, and the General the Prince) were Foreners, and by Nation Circassians, that govern'd Aegypt; wherfore these never durst plant themselves up­on Dominion, which growing naturally up into the National Interest, must have dissolv'd the foren yoke in that Province.

THE like in som sort may be said of Venice, the Government wherof is usually mistaken: for Venice, tho it dos not take in the People, ne­ver excluded them. This Commonwealth, the Orders wherof are the most Democratical or Popular of all others, in regard of the exquisit Rotation of the Senat, at the first institution took in the whole People; they that now live under the Government without participation of it, are such as have since either voluntarily chosen so to do, or were sub­du'd by Arms. Wherfore the Subject of Venice is govern'd by Pro­vinces; and the balance of Dominion not standing, as has bin said, with Provincial Government: As the Mamalucs durst not cast their Government upon this balance in their Provinces, lest the National In­terest should have rooted out the Foren; so neither dare the Venetians take in their Subjects upon this balance, lest the foren Interest should root out the National (which is that of the 3000 now governing) and by diffusing the Commonwealth throout her Territorys, lose the advantage of her Situation, by which in great part it subsists. And such also is the Government of the Spaniard in the Indies, to which he deputes Natives of his own Country, not admitting the Creolios to the Government of those Provinces, tho descended from Spaniards.

BUT if a Prince or a Commonwealth may hold a Territory that is foren in this, it may be ask'd, why he may not hold one that is native in the like manner? To which I answer, because he can hold a foren by a native Territory, but not a native by a foren▪ and as hitherto I have shewn what is not the provincial Balance, so by this answer it [Page 44] may appear what it is, namely the Overbalance of a native Territory to a foren; for as one Country balances it self by the distribution of Property according to the proportion of the same, so one Country over­balances another by advantage of divers kinds. For example, the Commonwealth of Rome overbalanc'd her Provinces by the vigor of a more excellent Government oppos'd to a crazier, or by a more exqui­sit Militia oppos'd to one inferior in Courage or Disciplin. The like was that of the Mamalucs, being a hardy People, to the Aegyptians that were a soft one. And the balance of Situation is in this kind of won­derful effect; seeing the King of Denmark, being none of the most potent Princes, is able at the Sound to take Toll of the greatest: and as this King by the advantage of the Land can make the Sea tributary; so Venice, by the advantage of the Sea, in whose arms she is impreg­nable, can make the Land to feed her Gulf. For the Colonys in the Indies, they are yet Babes that cannot live without sucking the breasts of their Mother Citys, but such as I mistake if when they com of age they do not wean themselves: which causes me to wonder at Princes that delight to be exhausted in that way. And so much for the principles of Power, whether National or Provincial, Domestic or Fo­ren; being such as are external, and founded in the goods of Fortune.

Authority. I COM to the principles of Authority, which are internal, and founded upon the goods of the Mind. These the Legislator that can unite in his Government with those of Fortune, coms nearest to the work of God, whose Government consists of Heaven and Earth: which was said by PLATO, tho in different words, as, when Princes should be Philosophers, or Philosophers Princes, the World would be Eccles. 10. 15. Tacit.happy. And says SOLOMON, There is an evil which I have seen un­der the Sun, which procedes from the Ruler (enimvero neque nobilem, ne­que ingenuum, nec libertinum quidem armis praeponere, regia utilitas est) Grot. Folly is set in great dignity, and the Rich (either in Virtue and Wisdom, in the goods of the Mind, or those of Fortune upon that balance which gives them a sense of the National Interest) sit in low places. I have seen Servants upon horses, and Princes walking as Servants upon the earth. Sad complaints, that the principles of Power and of Authority, the goods of the Mind and of Fortune, do not meet and twine in the Wreath or Crown of Empire! Wherfore, if we have any thing of Piety or of Prudence, let us raise our selves out of the mire of privat Interest to the contemplation of Virtue, and put a hand to the removal of this evil from under the Sun; this evil against which no Government that is not secur'd, can be good; this evil from which the Government that is secure must be perfect. SOLOMON tels us, that the cause of it is from the Ruler, from those principles of power, which, balanc'd up­on earthly trash, exclude the heavenly treasures of Virtue, and that influence of it upon Government, which is Authority. We have wander'd the Earth to find out the balance of power: but to find out that of Authority, we must ascend, as I said, nearer Heaven, or to the Image of God, which is the Soul of Man.

THE Soul of Man (whose life or motion is perpetual Contempla­tion or Thought) is the Mistress of two potent Rivals, the one Reason, the other Passion, that are in continual suit; and, according as she gives up her will to these or either of them, is the felicity or misery which Man partakes in this mortal life.

[Page 45] FOR as whatever was Passion in the contemplation of a man, be­ing brought forth by his will into action, is Vice and the bondage of Sin; so whatever was Reason in the contemplation of a man, being brought forth by his will into action, is virtue and the freedom of Soul.

AGAIN, as those actions of a man that were Sin acquire to him­self Repentance or Shame, and affect others with Scorn or Pity; so those actions of a man that are Virtue acquire to himself Honor, and upon others Authority.

NOW Government is no other than the Soul of a Nation or City: wherfore that which was Reason in the debate of a Commonwealth being brought forth by the result, must be Virtue; and forasmuch as the Soul of a City or Nation is the Soverain Power, her Virtue must be Law. But the Government whose Law is Virtue, and whose Virtue is Law, is the same whose Empire is Authority, and whose Authority is Empire.

AGAIN, If the Liberty of a man consists in the Empire of his Reason, the absence wherof would betray him to the bondage of his Passions; then the Liberty of a Commonwealth consists in the Em­pire of her Laws, the absence wherof would betray her to the Lust of Tyrants. And these I conceive to be the Principles upon which ARI­STOTLE and LIVY (injuriously accus'd by LEVIATHAN for not writing out of nature) have grounded their Assertion, That a Com­monwealth is an Empire of Laws, and not of Men. But they must not [...]arry it so. For, says he, the Liberty, wherof there is so frequent and Pag. 110. honorable mention in the Historys and Philosophy of the antient Greecs and Romans, and the Writings and Discourses of those that from them have receiv'd all their Learning in the Politics, is not the Liberty of particular Men, but the Liberty of the Commonwealth. He might as well have said, that the Estates of particular Men in a Commonwealth are not the Riches of particular Men, but the Riches of the Commonwealth; for equality of Estates causes equality of Power, and equality of Power is the Liberty not only of the Commonwealth, but of every Man. But sure a Man would never be thus irreverent with the greatest Au­thors, and positive against all Antiquity, without som certain demon­stration of Truth: and, what is it? Why, there is written on the Tur­rets of the City of Lucca in great Characters at this day the word LI­BERTAS; yet no Man can thence infer, that a particular Man has more Liberty or Immunity from the Service of the Commonwealth there, than in Constantinople. Whether a Commonwealth be Monarchical or Popular, the Freedom is the same. The Mountain has brought forth, and we have a little Equivocation! For to say, that a Luchese has no more Liberty or Immunity from the Laws of Luca, than a Turk has from those of Constantinople; and to say that a Lucchese has no more Liberty or Immunity by the Laws of Lucca, than a Turk has by those of Constantinople, are pretty different Speeches. The first may be said of all Governments alike; the second scarce of any two; much less of these, seeing it is known, that wheras the greatest Basha is a Tenant, as well of his Head as of his Estate, at the Will of his Lord, the meanest Lucchese that has Land, is a Freeholder of both, and not to be control'd but by the Law, and that fram'd by every privat Man to no other end (or they may thank themselves) than to protect the Li­berty of every privat Man, which by that means coms to be the Li­berty of the Commonwealth.

[Page 46] BUT seeing they that make the Laws in Commonwealths are but Men, the main Question seems to be, how a Commonwealth coms to be an Empire of Laws, and not of Men? or how the Debate or Re­sult of a Commonwealth is so sure to be according to Reason; seeing they who debate, and they who resolve, be but Men? And as often [...]obs. as Reason is against a Man, so often will a Man be against Reason.

THIS is thought to be a shrewd saying, but will do no harm; for be it so that Reason is nothing but Interest, there be divers Interests, and so divers Reasons.

AS first, there is privat Reason, which is the Interest of a privat Man.

SECONDLY, There is Reason of State, which is the Interest (or Error, as was said by SOLOMON) of the Ruler or Rulers, that is to say, of the Prince, of the Nobility, or of the People.

THIRDLY, There is that Reason, which is the Interest of Man­kind, Hooker. B. 1. or of the whole. Now if we see even in those natural Agents that want sense, that as in themselves they have a Law which directs them in the means wherby they tend to their own perfection, so likewise that another Law there is, which touches them as they are sociable parts united into one Body, a Law which binds them each to serve to others good, and all to pre­fer the good of the whole, before whatsoever their own particular; as when stones, or heavy things forsake their ordinary wont or center, and fly up­wards, as if they heard themselves commanded to let go the good they pri­vatly wish, and to relieve the present distress of Nature in common. There is a common Right, Law of Nature, or Interest of the whole; which is more excellent, and so acknowleg'd to be by the Agents Grot. themselves, than the Right or Interest of the Parts only. Wherfore tho it may be truly said that the Creatures are naturally carry'd forth to their proper utility or prosit, that ought not to be taken in too general a sense; seeing divers of them abs [...]ain from their own prosit, either in regard of those of the same kind, or at least of their young

MANKIND then must either be less just than the Creature, or ac­knowlege also his common Interest to be common Right. And if Rea­son be nothi [...]g else but Interest, and the Interest o [...] Mankind be the right Interest, then the Reason of Mankind must be right Reason. Now compute well; for if the Interest of popular Government com the nearest to the Interest of Mankind, then the Reason of popular Go­vernment must com the nearest to right Reason.

BUT it may be said, that the di [...]ficulty remains yet; for be the Interest of popular Government right Reason, a Man dos not look upon Reason as it is right or wrong in it self, but as it makes for him or against him. Wherfore unless you can shew such Orders of a Government, as, like those of God in Nature, shall be able to constrain this or that Creature to shake off that Inclination which is more peculiar to it, and take up that which regards the common Good or Interest; all this is to no more end, than to persuade every man in a popular Government not to carve himself of that which he desires most, but to be mannerly at the public Table, and give the best from himself to Decency and the common Interest. But that such Orders may be establish'd, as may, nay must give the upper hand in all cases to common Right or Interest, notwith­standing the nearness of that which sticks to every man in privat, and this in a way of equal certainty and facility, is known even to Girls, being no other than those that are of common practice with them in [Page 47] divers cases. For example, two of them have a Cake yet undivided, which was given between them: that each of them therfore may have that which is due, Divide, says one to the other, and I will chuse; or let me divide, and you shall chuse. If this be but once agreed up­on, it is enough: for the divident, dividing unequally, loses, in regard that the other takes the better half; wherfore she divides equally, and so both have right. O the depth of the Wisdom of God! and yet by the mouths of Babes and Sucklings has he set forth his strength; that which great Philosophers are disputing upon in vain, is brought to light by two harmless Girls, even the whole Mystery of a Commonwealth, which lys only in dividing and chusing. Nor has God (if his Works in Nature be understood) left so much to Mankind to dispute upon, as who shall divide, and who chuse, but distributed them for ever in­to two Orders, wherof the one has the natural right of dividing, and the other of chusing. For Example:

The Orders of popular Govern­ment in Nature. A COMMONWEALTH is but a civil Society of Men: let us take any number of Men (as twenty) and immediatly make a Commonwealth. Twenty Men (if they be not all Idiots, perhaps if they be) can never com so together, but there will be such a dif­ference in them, that about a third will be wiser, or at least less foolish than all the rest; these upon acquaintance, tho it be but small, will be discover'd, and (as Stags that have the largest heads) lead the herd: for while the six discoursing and arguing one with another, shew the eminence of their parts, the fourteen discover things that they never thought on; or are clear'd in divers Truths which had formerly perplex'd them. Wherfore in matter of common concernment, diffi­culty, or danger, they hang upon their lips as Children upon their Fathers; and the influence thus acquir'd by the six, the eminence of whose parts is found to be a stay and comfort to the fourteen, is ^*the Authority of the Fathers. Wherfore this can be no other than a na­tural Aristocracy diffus'd by God throout the whole Body of Man­kind to this end and purpose; and therfore such as the People have not only a natural, but a positive Obligation to make use of as their Guides; as where the People of Israel are commanded to take wise men, Deut. 1. 13. and understanding, and known among their Tribes, to be made Rulers over them. The six then approv'd of, as in the present case, are the Senat, not by hereditary Right, or in regard of the greatness of their Estates only (which would tend to such Power as might force or draw the People) but by election for their excellent Parts, which tends to the advancement of the influence of their Virtue or Authority that leads the People. Wherfore the Office of the Senat is not to be Com­manders, but Counsellors of the People; and that which is proper to Counsellors is first to debate, and afterward to give advice in the bu­siness wherupon they have debated; whence the Decrees of the Senat are never Laws, nor so ^†call'd: and these being maturely fram'd, it is their duty ^‖to propose in the case to the People. Wherfore the Senat is no more than the debate of the Commonwealth. But to de­bate, is to discern or put a difference between things that, being alike, are not the same; or it is separating and weighing this reason against that, and that reason against this, which is dividing.

[Page 48] The People. THE Senat then having divided, who shall chuse? Ask the Girls: for is she that divided must have chosen also, it had bin little worse for the other in case she had not divided at all, but kept the whole Cake to her self, in regard that being to chuse too, she divided accordingly. Wherfore if the Senat have any farther power thanto divide, the Commonwealth can never be equal. But in a Commonwealth consist­ing of a single Council, there is no other to chuse than that which di­vided; whence it is, that such a Council sails not to scramble, that is, to be factious, there being no other dividing of the Cake in that case but among themselves.

NOR is there any remedy but to have another Council to chuse. The Wisdom of the Few may be the Light of Mankind; but the In­terest of the Few is not the Profit of Mankind, nor of a Common­wealth. Wherfore seeing we have granted Interest to be Reason, they must not chuse, lest it put out their Light. But as the Council divi­ding consists of the Wisdom of the Commonwealth, so the Assembly or Council chusing should consist of the Interest of the Common­wealth: as the Wisdom of the Commonwealth is in the Aristocracy, so the Interest of the Commonwealth is in the whole body of the Peo­ple. And wheras this, in case the Commonwealth consist of a whole Nation, is too unweildy a body to be assembled, this Council is to consist of such a Representative as may be equal, and so constituted, as can ne­ver contract any other Interest than that of the whole People; the manner wherof, being such as is best shewn by Exemplification, I re­mit to the Model. But in the present case, the six dividing, and the fourteen chusing, must of necessity take in the whole interest of the twenty.

DIVIDING and chusing in the language of a Commonwealth is debating and resolving; and whatsoever upon debate of the Senat is propos'd to the People, and resolv'd by them, is enacted ^*by the au­thority of the Fathers, and by the power of the People, which con­curring, make a Law.

The Magistracy. BUT the Law being made, says LEVIATHAN, is but Words and Paper without the Hands and Swords of Men; wherfore as those two Orders of a Commonwealth, namely the Senat and the People, are Legislative, so of necessity there must be a third to be executive of the Laws made, and this is the Magistracy; in which order, with the rest being wrought up by art, the Commonwealth consists of the Senat proposing, the People resolving, and the Magistracy executing: wherby partaking of the Aristocracy as in the Senat, of the Democracy as in the People, and of Monarchy as in the Magistracy, it is complete. Now there being no other Commonwealth but this in Art or Nature, it is no wonder if MACCHIAVEL has shew'd us that the Antients held this only to be good; but it seems strange to me, that they should hold that there could be any other: for if there be such a thing as pure Mo­narchy, yet that there should be such a one as pure Aristocracy, or pure Democracy, is not in my understanding. But the Magistracy both in number and function is different in different Commonwealths. Ne­vertheless there is one condition of it that must be the same in every one, or it dissolves the Commonwealth where it is wanting. And this is no less than that as the hand of the Magistrat is the executive [Page 49] Power of the Law, so the head of the Magistrat is answerable to the People that his execution be according to the Law; by which LEVIA­THAN may see that the hand or sword that executes the Law is in it, and not above it.

The Orders of a Commonwealth in experience, as that NOW whether I have rightly transcrib'd these Principles of a Commonwealth out of Nature, I shall appeal to God and to the World. To God in the Fabric of the Commonwealth of Israel: and to the World in the universal Series of ant [...]ent Prudence. But in regard the same Commonwealths will be open'd at large in the Coun­cil of Legislators, I shall touch them for the present but slightly, be­ginning with that of Israel.

Of Israel. THE Commonwealth of Israel consisted of the Senat, the People, and the Magistracy.

THE People by their first division, which was genealogical, were contain'd under their thirteen Tribes, Houses, or Familys; wherof the firstborn in each was Prince of his Tribe, and had the leading of it: Numb. 1.the Tribe of LEVI only being set apart to serve at the Altar, had no other Prince but the High Priest. In their second division they were divided locally by their Agrarian, or the distribution of the Land of Josh. ch. 13, to ch. 42. Canaan to them by lot, the Tithe of all remaining to LEVI; whence according to their local division, the Tribes are reckon'd but twelve.

The People. THE Assemblys of the People thus divided were methodically ga­ther'd by Trumpets to the Congregation; which was, it should seem, Numb. 10. 7.of two sorts. For if it were call'd by one Trumpet only, the Princes of the Tribes and the Elders only assembl'd; but if it were call'd Numb. 10. 4.with two, the whole People gather'd themselves to the Congregation, Numb. 10. 3.for so it is render'd by the English: but in the Greec it is call'd Ecclesia, Judg. 20. 2.or the Church of God, and by the Talmudist, the great Synagog. The word Ecclesia was also antiently and properly us'd for the Civil Congregations or Assemblys of the People in Athens, Lacedemon, and Ephesus, where it is so call'd in Scripture, tho it be otherwise render'd Acts 19. 23.by the Translators, not much as I conceive to their commendation, seeing by that means they have lost us a good lesson, the Apostles bor­rowing that name for their spiritual Congregations, to the end that we might see they intended the Government of the Church to be Demo­cratical or Popular, as is also plain in the rest of their Constitutions.

THE Church or Congregation of the People of Israel assembl'd in a military manner, and had the result of the Commonwealth, or Judg. 20. 2.the power of confirming all their Laws, tho propos'd even by God Exod. 19.himself; as where they make him King; and where they re­ject or depose him as Civil Magistrat, and elect Saul. It is ma­nifest 1 Sam. 8. 7.that he gives no such example to a Legislator in a popu­lar Government as to deny or evade the power of the People, which were a contradiction: but tho he deservedly blames the ingra­titude of the People in that action, he commands SAMUEL, being next under himself Supreme Magistrat, to hearken to their Voice (for where the suffrage of the People gos for nothing, it is no Commonwealth) and comforts him, saying, They have not rejected thee, but they have rejected me that I should not reign over them. But to reject him that he should not reign over them, was as Civil Magistrat to depose him. The Power therfore which the People had to depose even God himself as he was Civil Magistrat, leaves little doubt but that they had power to have rejected any of those Laws confirm'd by them throout the [Page 50] Deut. 29. Scripture, which (to omit the several parcels) are generally contain'd under two heads, those that were made by Covenant with the People in the Land of Moab, and those which were made by Covenant with the People in Horeb: which two, I think, amount to the whole body of the Israelitish Laws. But if all and every one of the Laws of Israel being propos'd by God, were no otherwise enacted than by Cove­nant with the People, then that only which was resolv'd by the People of Israel was their Law; and so the result of that Commonwealth was in the People. Nor had the People the result only in matter of Law, Josh. 7. 16. Judg. 20. 8, 9, 10. 1 Sam. 7. 6, 7, 8. 1 Chron. 13. 2. 2 Chron. 30. 4. Judg. 11. 11. 1 Sam. 10. 17. 1 Mac. 14. Exod. 9. 3, 4, 5. Josh. 7. 1 Sam. 10.but the Power in som cases of Judicature; as also the right of levying War; cognizance in matter of Religion; and the election of their Magistrats, as the Judg or Dictator, the King, the Prince: which functions were exercis'd by the Synagoga magna or Congregation of Is­rael, not always in one manner; for somtimes they were perform'd by the suffrage of the People, vivâ voce; somtimes by the Lot only; and at others by the Ballot, or by a mixture of the Lot with the Suf­frage, as in the case of ELDAD and MEDAD, which I shall open with the Senat.

The Senat. THE Senat of Israel, call'd in the Old Testament the seventy Elders, and in the New the Sanhedrim (which word is usually translated the Numb. 11. Council) was appointed by God, and consisted of Seventy Elders be­sides Deut. 1.MOSES, which were at first elected by the People; but in what Numb. 11.manner is rather intimated than shewn. Nevertheless, because I can­not otherwise understand the passage concerning ELDAD and ME­DAD, of whom it is said, that they were of them that were written, but went not up to the Tabernacle, then with the Talmudists, I conceive that ELDAD and MEDAD had the suffrage of the Tribes, and so were written as Competitors for Magistracy; but coming afterwards to the lot, fail'd of it, and therfore went not up to the Tabernacle, or place of Confirmation by God, or to the Sessionhouse of the Senat with the Seventy upon whom the lot fell to be Senators: for the Sessionhouse of the Sanhedrim was first in the Court of the Tabernacle, and afterwards in that of the Temple, where it came to be call'd the stone Chamber John.or Pavement. If this were the Ballot of Israel, that of Venice is the same transpos'd: for in Venice the Competitor is chosen as it were by the lot, in regard that the Electors are so made, and the Magistrat is chosen by the Suffrage of the great Council or Assembly of the People. But the Sanhedrim of Israel being thus constituted, MOSES for his time, and after him his Successor, sat in the midst of it as Prince or Archon, and at his left hand the Orator or Father of the Senat; the rest of the bench coming round with either horn like a Crescent, had a Scribe at­tending upon the tip of it.

THIS Senat, in regard the Legislator of Israel vvas infallible, and the Laws given by God such as were not fit to be alter'd by men, is much different in the exercise of their Power from all other Senats, ex­cept that of the Areopagits in Athens, which also was little more than a Supreme Judicatory; for it will hardly, as I conceive, be found that the Sanhedrim propos'd to the People till the return of the Children of Israel out of Captivity under Esdras, at which time there was a new Law made, namely, for a kind of Excommunication, or rather Ba­nishment, which had never bin before in Israel. Nevertheless it is not to be thought that the Sanhedrim had not always that right, which from the time of Esdras it more frequently exercis'd, of proposing to [Page 51] the People, but that they forbore it in regard of the fulness and infalli­bility of the Law already made, wherby it was needless. Wherfore the function of this Council, which is very rare in a Senat, was exe­cutive, The Magistracy.and consisted in the administration of the Law made; and wheras the Council it self is often understood in Scripture by the Priest Deut. 17. 9, 10, 11.and the Levit, there is no more in that save only that the Priests and the Levits, who otherwise had no Power at all, being in the younger years of this Commonwealth, those that were best study'd in the Laws were the most frequently elected into the Sanhedrim. For the Courts consisting of three and twenty Elders sitting in the Gates of every City, and the Triumvirats of Judges constituted almost in every Village, which were parts of the executive Magistracy subordinat to the Sanhedrim, I shall take them at better leisure, and in the larger Discourse; but these being that part of this Commonwealth which was instituted by MOSES upon the advice of JETHRO the Priest Exod. 18.of Midian (as I conceive a Heathen) are to me a sufficient warrant even from God himself who confirm'd them, to make farther use of human Prudence, wherever I find it bearing a Testimony to it self, whether in Heathen Commonwealths or others: And the rather, be­cause so it is, that we who have the holy Scriptures, and in them the Original of a Commonwealth, made by the same hand that made the World, are either altogether blind or negligent of it; while the Heathens have all written theirs, as if they had had no other Copy: As, to be more brief in the present account of that which you shall have more at large hereafter;

Of Athens. ATHENS consisted of the Senat of the Bean proposing, of the Church or Assembly of the People resolving, and too often debating, which was the ruin of it; as also of the Senat of the Aropagits, the nine Archons, with divers other Magistrats executing.

Of Lacedemon LACEDEMON consisted of the Senat proposing; of the Church or Congregation of the People resolving only and never de­bating, which was the long life of it; and of the two Kings, the Court of the Ephors, with divers other Magistrats executing.

Of Carthage. CARTHAGE consisted of the Senat proposing and somtimes resolving too; of the People resolving and somtimes debating too, for which fault she was reprehended by ARISTOTLE; and she had her Suffetes, and her hundred Men, with other Magistrats executing.

Of Rome. ROME consisted of the Senat proposing, the Concio or People resolving, and too often debating, which caus'd her storms; as also of the Consuls, Censors, Aedils, Tribuns, Pretors, Questors, and other Magistrats executing.

Of Venice. VENICE consists of the Senat or Pregati proposing, and som­times resolving too; of the great Council or Assembly of the People, in whom the result is constitutively; as also of the Doge, the Signory, the Censors, the Dieci, the Quazancies, and other Magistrats executing.

Of Switzerland and Holland. THE proceding of the Commonwealths of Switzerland and Holland is of a like nature, tho after a more obscure manner: for the Soveraintys, whether Cantons, Provinces, or Citys, which are the People, send their Deputys commission'd and instructed by themselves (wherin they reserve the Result in their own power) to the Provincial or general Convention, or Senat, where the Deputies debate, but have no other power of Result than what was confer'd upon them by the People, or is farther confer'd by the same upon farther occasion. And [Page 52] for the executive part they have Magistrats or Judges in every Canton, Province or City, besides those which are more public, and relate to the League, as for adjusting Controversies between one Canton, Pro­vince or City, and another; or the like between such persons as are not of the same Canton, Province or City.

BUT that we may observe a little farther how the Heathen Po­liticians have written, not only out of Nature, but as it were out of Scripture: As in the Commonwealth of Israel God is said to have bin King; so the Commonwealth where the Law is King, is said by ARISTOTLE to be the Kingdom of God. And where by the Lusts or Passions of Men a Power is set above that of the Law deriving from Reason, which is the dictat of God, God in that sense is rejected or depos'd that he should not reign over them, as he was in Israel. Pag. 170.And yet LEVIATHAN will have it, that by reading of these Greec and Latin (he might as well in this sense have said Hebrew) Authors, young Men, and all others that are unprovided of the antidot of solid Rea­son, receiving a strong and delightful impression of the great Exploits of War, atchiev'd by the Conductors of their Armys, receive withal a pleasing Idea of all they have don besides; and imagin their great prosperity not to have proceded from the emulation of particular Men, but from the virtue of their popular form of Government, not considering the frequent Seditions and Civil Wars produc'd by the imperfection of their Polity. Where, first, the blame he lays to the Heathen Authors is in his sense laid to the Scripture; and wheras he holds them to be young Men, or Men of no antidot that are of like opinions, it should seem that MACCHIAVEL, the sole retriever of this antient Prudence, is to his solid Reason a beardless Boy that has newly read LIVY. And how solid his Reason is, may appear, where he grants the great prospe­rity of antient Commonwealths, which is to give up the Controversy. For such an effect must have som adequat cause; which to evade he insinuats that it was nothing else but the emulation of particular Men: as if so great an Emulation could have bin generated without as great Virtue; so great Virtue without the best Education; the best Educa­tion without the best Laws; or the best Laws any otherwise than by the excellency of their Polity.

BUT if som of these Commonwealths, as being less perfect in their Polity than others, have bin more seditious, it is not more an ar­gument of the infirmity of this or that Commonwealth in particular, than of the excellency of that kind of Polity in general; which if they, that have not altogether reach'd, have nevertheless had greater prosperity, what would befal them that should reach?

IN answer to which Question let me invite LEVIATHAN, who of all other Governments gives the advantage to Monarchy for per­fection, to a better disquisition of it by these three assertions.

THE first, That the perfection of Government lys upon such a libration in the frame of it, that no Man or Men in or under it can have the interest; or having the interest, can have the power to disturb it with Sedition.

THE second, That Monarchy, reaching the perfection of the kind, reaches not to the perfection of Government; but must have som dan­gerous flaw in it.

THE third, That popular Government, reaching the perfection of the kind, reaches the perfection of Government, and has no flaw in it.

THE first assertion requires no proof.

[Page 53] FOR the proof of the second; Monarchy, as has bin shewn, is of two kinds, the one by Arms, the other by a Nobility, and there is no other kind in Art or Nature: for if there have bin antiently som Governments call'd Kingdoms, as one of the Goths in Spain, and ano­ther of the Vandals in Africa, where the King rul'd without a Nobi­lity, and by a Council of the People only; it is expresly said by the Authors that mention them, that the Kings were but the Captains, and that the People not only gave them Laws, but depos'd them as often as they pleas'd. Nor is it possible in reason that it should be other­wise in like cases; wherfore these were either no Monarchys, or had greater slaws in them than any other.

BUT for a Monarchy by Arms, as that of the Ture (which of all models that ever were coms up to the perfection of the kind) it is not in the wit or power of Man to cure it of this dangerous flaw, That the Janizarys have frequent interest and perpetual power to raise Sedition, and to tear the Magistrat, even the Prince himself, in pieces. Therfore the Monarchy of Turky is no perfect Government.

AND for a Monarchy by a Nobility, as of late in Oceana (which of all other models before the declination of it came up to the per­fection in that kind) it was not in the power or wit of Man to cure it of that dangerous flaw, That the Nobility had frequent interest and perpetual power by their Retainers and Tenants to raise Sedition; and (wheras the Janizarys occasion this kind of Calamity no sooner than they make an end of it) to levy a lasting War, to the vast effusion of Blood, and that even upon occasions wherin the People, but for their dependence upon their Lords, had no concernment, as in the feud of the Red and White. The like has bin frequent in Spain, France, Ger­many, and other Monarchys of this kind; wherfore Monarchy by a Nobility is no perfect Government.

FOR the proof of the third assertion; LEVIATHAN yields it to me, that there is no other Commonwealth but Monarchical or Popular: wherfore if no Monarchy be a perfect Government, then either there is no perfect Government, or it must be popular; for which kind of Constitution I have somthing more to say, than LEVIATHAN has said or ever will be able to say for Monarchy. As,

FIRST, That it is the Government that was never conquer'd by any Monarch, from the beginning of the World to this day: for if the Commonwealths of Greece came under the yoke of the Kings of Ma­cedon, they were first broken by themselves.

SECONDLY, That it is the Government that has frequently led mighty Monarchs in Triumph.

THIRDLY, That it is the Government, which, if it has bin seditious, it has not bin so from any imperfection in the kind, but in the particular Constitution; which, wherever the like has happen'd, must have bin inequal.

FOURTHLY, That it is the Government, which, if it has bin any thing near equal, was never seditious; or let him shew me what Sedition has happen'd in Lacedemon or Venice.

FIFTHLY, That it is the Government, which, attaining to perfect equality, has such a libration in the frame of it, that no Man living can shew which way any Man or Men, in or under it, can con­tract any such Interest or Power as should be able to disturb the Com­monwealth with Sedition; wherfore an equal Commonwealth is that [Page 54] only which is without flaw, and contains in it the full perfection of Government. But to return.

BY what has bin shewn in Reason and Experience it may appear, that tho Commonwealths in general be Governments of the Senat pro­posing, the People resolving, and the Magistracy executing; yet som are not so good at these Orders as others, thro som impediment or de­fect in the frame, balance, or capacity of them, according to which they are of divers kinds.

Division of Common­wealths. THE first division of them is into such as are single, as Israel, Athens, Lacedemon, &c. and such as are by Leagues, as those of the Acheans, Etolians, Lyceans, Switz, and Hollanders.

THE second (being MACCHIAVEL'S) is into such as are for preservation, as Lacedemon and Venice, and such as are for increase, as Athens and Rome; in which I can see no more than that the former takes in no more Citizens than are necessary for defence, and the latter so many as are capable of increase.

THE third division (unseen hitherto) is into equal and inequal, and this is the main point, especially as to domestic Peace and Tranquil­lity; for to make a Commonwealth inequal, is to divide it into partys, which sets them at perpetual variance, the one party endeavoring to preserve their Eminence and Inequality, and the other to attain to Equality: whence the People of Rome deriv'd their perpetual strife with the Nobility or Senat. But in an equal Commonwealth there can be no more strife than there can be overbalance in equal weights; wherfore the Commonwealth of Venice, being that which of all others is the most equal in the Constitution, is that wherin there never hap­pen'd any strife between the Senat and the People.

AN equal Commonwealth is such a one as is equal both in the balance or foundation, and in the superstructure; that is to say, in her Agrarian Law, and in her Rotation.

Equal Agra­rian. AN equal Agrarian is a perpetual Law establishing and preserving the balance of Dominion by such a distribution, that no one Man or number of Men, within the compass of the Few or Aristocracy, can com to overpower the whole People by their possessions in Lands.

AS the Agrarian answers to the Foundation, so dos Rotation to the Superstructures.

Rotation. EQUAL Rotation is equal vicissitude in Government, or succes­sion to Magistracy confer'd for such convenient terms, enjoying equal vacations, as take in the whole body by parts, succeding others, thro the free election or suffrage of the People.

Prolongation of Magistracy. THE contrary wherunto is prolongation of Magistracy, which, trashing the wheel of Rotation, destroys the life or natural motion of a Commonwealth.

Ballot. THE election or suffrage of the People is most free, where it is made or given in such a manner, that it can neither oblige ^*nor disob­lige another; nor thro fear of an Enemy, or bashfulness towards a Friend, impair a Man's liberty.

WHERFORE, says CICERO, ^†the Tablet or Ballot of the People of Rome (who gave their Votes by throwing Tablets or little pieces of Wood secretly into Urns mark'd for the negative or affirma­tive) [Page 55] was a welcom Constitution to the People, as that which, not im­pairing the assurance of their brows, increas'd the freedom of their Judgment. I have not stood upon a more particular description of this Ballot, because that of Venice exemplify'd in the Model is of all others the most perfect.

Definition of an equal Common­wealth. AN equal Commonwealth (by that which has bin said) is a Govern­ment establish'd upon an equal Agrarian, arising into the Superstructures or three Orders, the Senat debating and proposing, the People resolving, and the Magistracy executing by an equal Rotation thro the suffrage of the People given by the Ballot. For tho Rotation may be without the Ballot, and the Ballot without Rotation, yet the Ballot not only as to the insuing Model includes both, but is by far the most equal way; for which cause under the name of the Ballot I shall hereafter under­stand both that and Rotation too.

NOW having reason'd the Principles of an equal Commonwealth, I should com to give an instance of such a one in experience, if I could find it; but if this work be of any value, it lys in that it is the first example of a Commonwealth that is perfectly equal. For Venice, tho it coms the nearest, yet is a Commonwealth for preservation; and such a one, considering the paucity of Citizens taken in, and the num­ber not taken in, is externally unequal: and tho every Commonwealth that holds Provinces must in that regard be such, yet not to that degree. Nevertheless Venice internally, and for her capacity, is by far the most equal, tho it has not in my judgment arriv'd at the full perfection of equality; both because her Laws supplying the defect of an Agrarian, are not so clear nor effectual at the Foundation, nor her Superstructures by the virtue of her Ballot or Rotation exactly librated; in regard that thro the paucity of her Citizens, her greater Magistracys are conti­nually wheel'd thro a few hands, as is consest by JANOTTI where he says, that if a Gentleman coms once to be Savio di terra ferma, it seldom happens that he fails from thenceforward to be adorn'd with som one of the greater Magistracys, as Savi di mare, Savi di terra fer­ma, Savi Grandi, Counsellors, those of the Decemvirat or Dictatorian Council, the Aurogatori or Censors which require no vacation or in­terval. Wherfore if this in Venice, or that in Lacedemon, where the Kings were hereditary, and the Senators (tho elected by the People) for life, cause no inequality (which is hard to be conceiv'd) in a Commonwealth for preservation, or such a one as consists of a few Ci­tizens; yet is it manifest, that it would cause a very great one in a Commonwealth for increase, or consisting of the Many, which by in­grossing the Magistracys in a few hands, would be obstructed in their Rotation.

BUT there be who say (and think it a strong Objection) that let a Commonwealth be as equal as you can imagin, two or three Men when all is don will govern it; and there is that in it, which, notwithstand­ing the pretended sufficiency of a popular State, amounts to a plain confession of the imbecillity of that Policy, and of the Prerogative of Monarchy: for as much as popular Governments in difficult cases have had recourse to Dictatorian Power, as in Rome.

TO which I answer, That as Truth is a spark to which Objecti­ons are like bellows, so in this respect our Commonwealth shines; for the Eminence acquir'd by suffrage of the People in a Commonwealth, especially if it be popular and equal, can be ascended by no other steps [Page 56] than the universal acknowlegement of Virtue: and where men excel in Virtue, the Commonwealth is stupid and injust, if accordingly they do not excel in Authority. Wherfore this is both the advantage of Virtue, which has her due incouragement, and of the Commonwealth which has her due services. These are the Philosophers which PLATO would have to be Princes, the Princes which SOLOMON would have to be mounted, and their Steeds are those of Authority, not Empire; or, if they be buckl'd to the Chariot of Empire, as that of the Dicta­torian Power, like the Chariot of the Sun, it is glorious for terms and vacations, or intervals. And as a Commonwealth is a Government of Laws and not of Men, so is this the Principality of Virtue, and not of Man; if that fail or set in one, it rises in another ^*who is created his immediat Successor. And this takes away that vanity from under the Sun, which is an Error proceding more or less from all other Rulers under Heaven but an equal Commonwealth.

THESE things consider'd, it will be convenient in this place to speak a word to such as go about to insinuat to the Nobility or Gentry a fear of the People, or to the People a fear of the Nobility or Gentry, as if their interests were destructive to each other; when indeed an Army may as well consist of Soldiers without Officers, or of Officers without Soldiers, as a Commonwealth (especially such a one as is ca­pable of Greatness) of a People without a Gentry, or of a Gentry without a People. Wherfore this (tho not always so intended, as may appear by MACCHIAVEL, who else would be guilty) is a pernici­ous error. There is somthing first in the making of a Commonwealth, then in the governing of it, and last of all in the leading of its Armys; which (tho there be great Divines, great Lawyers, great men in all professions) seems to be peculiar only to the Genius of a Gentleman. For so it is in the universal series of Story, that if any man has found­ed a Commonwealth, he was first a Gentleman MOSES had his Education by the Daughter of PHARAOH; THESEUS and SO­LON, of noble Birth, were held by the Athenians worthy to be Kings; LYCURGUS was of the Royal Blood; ROMULUS and NUMA Princes; BRUTUS and PUBLICOLA Patricians; the GRACCHI, that lost their lives for the People of Rome and the restitution of that Commonwealth, were the Sons of a Father adorn'd with two Triumphs, and of CORNELIA the Daughter of SCIPIO, who being demand­ed in marriage by King PTOLOMY, disdain'd to becom the Queen of Egypt. And the most renown'd OLPHAUS MEGALETOR, sole Legislator (as you will see anon) of the Commonwealth of Oceana, was deriv'd from a noble Family: nor will it be any occasion of scru­ple in this case, that LEVIATHAN affirms the Politics to be no anti­enter than his Book de Cive. Such also as have got any fame in the Ci­vil Government of a Commonwealth, or by the leading of its Armys, have bin Gentlemen; for so in all other respects were those plebeian Magistrats elected by the People of Rome, being of known Descents, and of equal Virtues, except only that they were excluded from the name by the Usurpation of the Patricians. Holland, thro this defect at home, has borrow'd Princes for Generals, and Gentlemen of divers Nations for Commanders: And the Switzers, if they have any defect in this [Page 57] kind, rather lend their People to the Colors of other Princes, than make that noble use of them at home, which should assert the Liberty of Mankind. For where there is not a Nobility to hearten the People, they are slothful, regardless of the World, and of the public interest of Liberty, as even those of Rome had bin without their Gentry: wherfore let the People embrace the Gentry in peace, as the light of their eys; and in war, as the trophy of their arms. And if COR­NELIA disdain'd to be Queen of Egypt, if a Roman Consul look'd down from his Tribunal upon the greatest King; let the Nobility love and cherish the People that afford them a Throne so much higher in a Commonwealth, in the acknowledgement of their Virtue, than the Crowns of Monarchs.

An inequal Commonwealth. BUT if the equality of a Commonwealth consist in the equality first of the Agrarian, and next of the Rotation, then the inequality of a Commonwealth must consist in the absence or inequality of the Agra­rian, or of the Rotation, or of both.

ISRAEL and Lacedemon, which Commonwealths (as the People of this, in JOSEPHUS, claims kindred of that) have great resemblance, were each of them equal in their Agrarian, and inequal in their Rota­tion; especially Israel, where the Sanhedrim or Senat, first elected by the People, as appears by the words of MOSES, took upon them Deut. 1.ever after, without any precept of God, to substitute their Successors by Ordination; which having bin there of civil use, as Excommunica­tion, Community of Goods, and other Customs of the Esseans, who were many of them converted, came afterward to be introduc'd into the Christian Church. And the election of the Judg, Suffes or Dicta­tor, was irregular, both for the occasion, the term, and the vacation of that Magistracy; as you find in the Book of Judges, where it is of­ten repeated, That in those days there was no King in Israel, that is, no Judg: and in the first of SAMUEL, where ELY judg'd Israel forty years, and SAMUEL all his life. In Lacedemon the election of the Senat being by suffrage of the People, tho for life, was not altogether so inequal; yet the hereditary Right of Kings, were it not for the Agrarian, had ruin'd her.

ATHENS and Rome were inequal as to their Agrarian, that of Athens being infirm, and this of Rome none at all; for if it were more antiently carry'd, it was never observ'd. Whence by the time of TI­BERIUS GRACCHUS the Nobility had almost eaten the People quite out o their Lands, which they held in the occupation of Tenants and Servants: Wherupon, the remedy being too late, and too vehemently apply'd, that Commonwealth was ruin'd.

THESE also were inequal in their Rotation, but in a contrary manner. Athens, in regard that the Senat (chosen at once by lot, not by suffrage, and chang'd every year, not in part, but in the whole) con­sisted not of the natural Aristocracy; nor sitting long enough to under­stand, or to be perfect in their office, had no sufficient Authority to restrain the People from that perpetual Turbulence in the end, which was their ruin, notwithstanding the efforts of NICIAS, who did all a man could do to help it. But as Athens by the headiness of the Peo­ple, so Rome fell by the Ambition of the Nobility, thro the want of an equal Rotation; which, if the People had got into the Senat, and timely into the Magistracys (wherof the former was always usurp'd [Page 58] by the Patricians, and the latter for the most part) they had both car­ry'd and held their Agrarian, and that had render'd that Common­wealth immovable.

BUT let a Commonwealth be equal or inequal, it must consist, as has bin shewn by Reason and all Experience, of the three general Or­ders; that is to say, of the Senat debating and proposing, of the Peo­ple resolving, and of the Magistracy executing. Wherfore I can never wonder enough at LEVIATHAN, who, without any reason or ex­ample, will have it, that a Commonwealth consists of a single Person, or of a single Assembly; nor can I sufficiently pity those thousand Gen­tlemen, whose Minds, which otherwise would have waver'd, he has fram'd (as is affirm'd by himself) into a conscientious obedience (for so he is pleas'd to call it) of such a Government.

BUT to finish this part of the Discourse, which I intend for as com­plete an Epitome of antient Prudence, and in that of the whole Art of Politics, as I am able to frame in so short a time;

THE two first Orders, that is to say, the Senat and the People, are Legislative, wherunto answers that part of this Science which by Poli­ticians is intitl'd ^* of Laws; and the third Order is executive, to which answers that part of the same Science which is stil'd ^† of the Frame and Course of Courts or Judicatorys. A word to each of these will be necessary.

Of Laws. AND first for Laws, they are either Ecclesiastical or Civil, such as concern Religion or Government.

LAWS Ecclesiastical, or such as concern Religion, according to the universal course of antient Prudence, are in the power of the Magi­strat; but according to the common practice of modern Prudence, since the Papacy, torn out of his hands.

BUT, as a Government pretending to Liberty, and yet suppressing Liberty of Conscience (which, because Religion not according to a man's Conscience can to him be none at all, is the main) must be a contradiction; so, a man that, pleading for the Liberty of privat Con­science, refuses Liberty to the National Conscience, must be absurd.

A COMMONWEALTH is nothing else but the National Conscience. And if the conviction of a mans privat Conscience pro­duces his privat Religion, the conviction of the national Conscience must produce a national Religion. Whether this be well reason'd, as also whether these two may stand together, will best be shewn by the examples of the antient Commonwealths taken in their order.

IN that of Israel the Government of the National Religion apper­tain'd not to the Priests and Levits, otherwise than as they happen'd to be of the Sanhedrim or Senat, to which they had no right at all but by election. It is in this capacity therfore that the People are commanded Deut. 17.under pain of death to hearken to them, and to do according to the sen­tence of the Law which they should teach; but in Israel the Law Ecclesia­stical and Civil was the same, therfore the Sanhedrim having the pow­er of one, had the power of both. But as the National Religion ap­pertain'd to the Jurisdiction of the Sanhedrim, so the Liberty of Con­science appertain'd, from the same date, and by the same right, to the Deut. 18. 10.Prophets and their Disciples; as where it is said, I will raise up a Pro­phet [Page 59] — and whoever will not hearken to my words which he shall speak in my name, I will require it of him. The words relate to prophetic Right, which was above all the Orders of this Commonwealth; whence ELIJAH not only refus'd to obey the King, but destroy'd his 2 Kings 1.Messengers with fire. And wheras it was not lawful by the Natio­nal Religion to sacrifice in any other place than the Temple, a Prophet was his own Temple, and might sacrifice where he would, as ELI­JAH did in Mount Carmel. By this right JOHN the Baptist and our 1 Kings 18. 19.Savior, to whom it more particularly related, had their Disciples, and taught the People; whence is deriv'd our present right of GATHER'D CONGREGATIONS: Wherfore the Christian Religion grew up according to the Orders of the Commonwealth of Israel, and not against them. Nor was Liberty of Conscience infring'd by this Go­vernment, till the civil Liberty of the same was lost, as under HE­ROD, PILAT, and TIBERIUS, a threepil'd Tyranny.

TO procede, Athens preserv'd her Religion, by the testimony of PAUL, with great Superstition: If ALCIBIADES, that Atheistical fellow, had not shew'd them a pair of heels, they had shaven off his head for shaving their MERCURYS, and making their Gods look ridicu­lously upon them without beards. Nevertheless, if PAUL reason'd with them, they lov'd news, for which he was the more welcom; and if he converted DIONYSIUS the Areopagit, that is, one of the Sena­tors, there follow'd neither any hurt to him, nor loss of honor to DIONYSIUS. And for Rome, if CICERO, in his most excellent Book de natura Deorum, overthrew the National Religion of that Commonwealth, he was never the farther from being Consul. But there is a meanness and poorness in modern Prudence, not only to the damage of Civil Government, but of Religion it self: for to make a man in matter of Religion, which admits not of sensible demonstrati­on (jurare in verba Magistri) engage to believe no otherwise than is believ'd by my Lord Bishop, or Goodman Presbyter, is a Pedantism, that has made the Sword to be a Rod in the hands of Schoolmasters; by which means, wheras the Christian Religion is the farthest of any from countenancing War, there never was a War of Religion but since Christianity: For which we are beholden to the Pope; for the Pope not giving liberty of Conscience to Princes and Commonwealths, they cannot give that to their Subjects which they have not themselves: whence both Princes and Subjects either thro his instigation, or their own disputes, have introduc'd that execrable custom, never known in the world before, of sighting for Religion, and denying the Magistrat to have any jurisdiction concerning it; wheras the Magistrats losing the power of Religion loses the Liberty of Conscience, which in that case has nothing to protect it. But if the People be otherwise taught, it concerns them to look about them, and to distinguish between the shrieking of the Lapwing, and the voice of the Turtle.

TO com to Civil Laws, if they stand one way and the balance a­nother, it is the case of a Government which of necessity must be new model'd; wherfore your Lawyers advising you upon the like occasions to fit your Government to their Laws, are no more to be regarded, than your Taylor if he should desire you to fit your body to his dou­blet. There is also danger in the plausible pretence of reforming the Law, except the Government be first good, in which case it is a good [Page 60] Tree, and (trouble not your selves overmuch) brings not forth evil fruit; otherwise, if the Tree be evil, you can never reform the fruit: or if a Root that is naught bring forth fruit of this kind that seems to be good, take the more heed, for it is the ranker poison. It was no­wise probable, if AUGUSTUS had not made excellent Laws, that the bowels of Rome could have com to be so miserably eaten out by the Tyranny of TIBERIUS and his Successors. The best Rule as to your Laws in general is, that they be few. Rome by the testimony of CICERO was best govern'd under those of the twelve Tables; and by that of TACITUS, Plurimae leges, corruptissima respublica. You will be told, That where the Laws be few, they leave much to Arbi­trary Power; but where they be many, they leave more: The Laws in this case, according to JUSTINIAN and the best Lawyers, being as litigious as the Suitors. SOLON made few; LYCURGUS fewer Laws: and Commonwealths have the fewest at this day of all other Governments.

Of Courts. NOW to conclude this part with a word de Judiciis, or of the Constitution or Course of Courts; it is a Discourse not otherwise capable of being well manag'd but by particular examples, both the Constitution and Course of Courts being divers in different Govern­ments, but best beyond compare in Venice, where they regard not so much the Arbitrary Power of their Courts, as the Constitution of them; wherby that Arbitrary Power being altogether unable to retard or do hurt to business, produces and must produce the quickest dispatch, and the most righteous dictats of Justice that are perhaps in human nature. The manner I shall not stand in this place to describe, because it is ex­emplify'd at large in the Judicature of the People of Oceana. And thus much of antient Prudence, and the first branch of this prelimina­ry Discourse.

The Second Part of the Preliminarys.

IN the second Part I shall endeavor to shew the Rise, Progress, and Declination of modern Prudence.

THE date of this kind of Policy is to be computed, as was shewn, from those Inundations of Goths, Vandals, Huns, and Lom­bards, that overwhelm'd the Roman Empire. But as there is no ap­pearance in the Bulk or Constitution of modern Prudence, that it should ever have bin able to com up and grapple with the Antient, so somthing of necessity must have interpos'd, wherby this came to be enervated, and that to receive strength and incouragement. And this was the execrable Reign of the Roman Emperors taking rise from (that foelix scelus) the Arms of CAESAR, in which storm the Ship of the Roman Commonwealth was forc'd to disburden it self of that pre­cious Fraight, which never since could emerge or raise its head but in the Gulf of Venice.

The Transition of Antient into Modern Pru­dence. IT is said in Scripture, Thy evil is of thy self, O Israel! To which answers that of the Moralists, ^* None is hurt but by himself, as also the whole matter of the Politics; at present this Example of the Romans, who, thro a negligence committed in their Agrarian Laws, let in the sink of Luxury, and forfeited the inestimable Treasure of Liberty for themselves and their Posterity.

The Agrarian Laws of the Romans. THEIR Agrarian Laws were such, wherby their Lands ought to have bin divided among the People, either without mention of a Co­lony, in which case they were not oblig'd to change their abode; or with mention and upon condition of a Colony, in which case they Sigonius de Ant. Ro.were to change their abode; and leaving the City, to plant themselves upon the Lands so assign'd. The Lands assign'd, or that ought to have bin assign'd in either of these ways, were of three kinds: Such as were taken from the Enemy and distributed to the People; or such as were taken from the Enemy, and under color of being reserv'd to the Public use, were thro stealth possest by the Nobility; or such as were bought with the Public Mony to be distributed. Of the Laws offer'd in these cases, those which divided the Lands taken from the Enemy, or purchas'd with the Public Mony, never occasion'd any dispute; but such as drove at dispossessing the Nobility of their Usur­pations, and dividing the common purchase of the Sword among the Peo­ple, were never touch'd but they caus'd Earthquakes, nor could they ever be obtain'd by the People; or being obtain'd, be observ'd by the Nobility, who not only preserv'd their prey, but growing vastly rich upon it, bought the People by degrees quite out of those Shares that had been confer'd upon them. This the GRACCHI coming too late to perceive, found the Balance of the Commonwealth to be lost; but putting the People (when they had least force) by forcible means upon the recovery of it, did ill, seeing it neither could nor did tend to any more than to shew them by worse effects, that what the Wisdom of their Leaders had discover'd was true. For (quite contrary to what has happen'd in Oceana, where, the Balance falling to the Peo­ple, [Page 62] they have overthrown the Nobility) that Nobility of Rome, under the conduct of SYLLA, overthrew the People and the Common­wealth: seeing SYLLA first introduc'd that new Balance, which was Military Colo­nys.the Foundation of the succeding Monarchy, in the plantation of Mi­litary Colonys, instituted by his distribution of the conquer'd Lands, not now of Enemys, but of Citizens, to forty seven Legions of his Soldiers; so that how he came to be PERPETUAL DIC­TATOR, or other Magistrats to succede him in like Power, is no Miracle.

The Balance of the Roman Em­pire. THESE Military Colonys (in which manner succeding Empe­rors continu'd, as AUGUSTUS by the distribution of the Veterans, wherby he had overcom BRUTUS and CASSIUS, to plant their Soldiery) consisted of such as I conceive were they that are call'd Mi­lites beneficiarii; in regard that the Tenure of their Lands was by way of Benefices, that is for Life, and upon condition of Duty or Service in the War upon their own Charge. These Benefices ALEXANDER SEVERUS granted to the Heirs of the Incumbents, but upon the same conditions. And such was the Dominion by which the Roman Emperors gave their Balance. But to the Beneficiarys, as was no less than necessary for the safety of the Prince, a matter of eight thousand by the Example of AUGUSTUS were added, which departed not from his sides, but were his perpetual Guard, call'd Pretorian Bands; tho these, according to the incurable flaw already observ'd in this kind of Government, became the most frequent Butchers of their Lords that are to be found in Story. Thus far the Roman Monarchy is much the same with that at this day in Turky, consisting of a Camp, and a Horsequarter; a Camp in regard of the Spahys and Janizarys, the perpetual Guard of the Prince, except they also chance to be li­quorish after his Blood; and a Horsequarter in regard of the distributi­on of his whole Land to Tenants for Life, upon condition of continual Service, or as often as they shall be commanded at their own charge by Timars, being a word which they say signifys Benefices, that it shall save me a labor of opening the Government.

BUT the Fame of MAHOMET and his Prudence, is especially founded in this, That wheras the Roman Monarchy, except that of Israel, was the most imperfect, the Turkish is the most perfect that ever was. Which happen'd in that the Roman (as the Israelitish of the Sanhedrim and the Congregation) had a mixture of the Senat and the People; and the Turkish is pure. And that this was pure, and the other mix'd, happen'd not thro the Wisdom of the Legislators, but the different Genius of the Nations; the People of the Eastern Parts, except the Israelits, which is to be attributed to their Agrarian, having bin such as scarce ever knew any other Condition than that of Slavery; and these of the Western having ever had such a relish of Liberty, as thro what despair soever could never be brought to stand still while the Yoke was putting on their Necks, but by being sed with som hopes of reserving to themselves som part of their Freedom.

WHERFORE JULIUS CAESAR (saith ^*SUETONIUS) Dion.contented himself in naming half the Magistrats, to leave the rest to the suffrage of the People. And MAECENAS, tho he would not have AUGUSTUS to give the People their Liberty, would not have him [Page 63] take it quite away ^†. Whence this Empire being neither Hawk nor Buzzard, made a flight accordingly; and the Prince being perpetually tost (having the Avarice of the Soldiery on this hand to satisfy upon the People, and the Senat and the People on the other to be defended from the Soldiery) seldom dy'd any other death than by one Horn of this Dilemma, as is noted more at large by MACCHIAVEL. But P. cap. 19.the Pretorian Bands, those bestial executioners of their Captain's Ty­ranny upon others, and of their own upon him, having continued from the time of AUGUSTUS, were by CONSTANTIN the Great (incens'd against them for taking part with his Adversary MAXEN­TIUS) remov'd from their strong Garison which they held in Rome, and distributed into divers Provinces. The Benefices of the Soldiers that were hitherto held for Life and upon Duty, were by this Prince made Hereditary: so that the whole Foundation wherupon this Em­pire was first built being now remov'd, shews plainly, that the Em­perors must long before this have found out som other way of support; and this was by stipendiating the Goths, a People that, deriving their Roots from the Northern parts of Germany, or out of Sweden, had (thro their Victorys obtain'd against DOMITIAN) long since spred their Branches to so near a Neighborhood with the Roman Territorys, that they began to overshadow them. For the Emperors making use of them in their Armys (as the French do at this day of the Switz) gave them that under the notion of a Stipend, which they receiv'd as Tribute, coming (if there were any default in the payment) so often to distrein for it, that in the time of HONORIUS they sack'd Rome, and possest themselves of Italy. And such was the transition of an­tient into modern Prudence; or that breach which being follow'd in every part of the Roman Empire with Inundations of Vandals, Huns, Lombards, Franks, Saxons, overwhelm'd antient Languages, Learn­ing, Prudence, Manners, Citys, changing the names of Rivers, Macchiavel.Countrys, Seas, Mountains, and Men; CAMILLUS, CAESAR and POMPEY, being com to EDMUND, RICHARD, and GEOF­FREY.

The Gothic Ba­lance. TO open the Groundwork or Balance of these new Politicians: Feudum, says CALVIN the Lawyer, is a Gothic word of divers sig­nifications; for it is taken either for War, or for a possession of conquer'd Lands, distributed by the Victor to such of his Captains and Soldiers as had merited in his Wars, upon condition to acknowlege him to be their per­petual Lord, and themselves to be his Subjects.

Institution of Feudatory Prin­cipalitys. OF these there were three Kinds or Orders: The first of Nobi­lity, distinguish'd by the Titles of Dukes, Marquisses, Earls; and these being gratified with the Citys, Castles, and Villages of the con­quer'd Italians, their Feuds participated of Royal Dignity, and were call'd Regalia, by which they had right to coin Mony, create Magi­strats, take Toll, Customs, Confiscations, and the like.

FEUDS of the second Order were such as, with the consent of the King, were bestow'd by these Feudatory Princes upon men of infe­rior Quality, call'd their Barons, on condition that next to the King they should defend the Dignitys and Fortunes of their Lords in Arms.

[Page 64] THE lowest Order of Feuds were such as being confer'd by those of the second Order upon privat men, whether Noble or not Noble, oblig'd them in the like Duty to their Superiors; these were call'd Va­vasors. And this is the Gothic Balance, by which all the Kingdoms this day in Christendom were at first erected; for which cause, if I had time, I should open in this place the Empire of Germany, and the Kingdoms of France, Spain, and Poland: But so much as has bin said being sufficient for the discovery of the Principles of modern Prudence in general, I shall divide the remainder of my Discourse, which is more particular, into three parts.

THE first shewing the Constitution of the late Monarchy of Oceana.

THE second, the Dissolution of the same. And

THE third, the Generation of the present Commonwealth.

THE Constitution of the late Monarchy of Oceana is to be consi­der'd in relation to the different Nations by whom it has bin succes­sively subdu'd and govern'd. The first of these were the Romans, the second the Teutons, the third the Scandians, and the fourth the Neu­strians.

THE Government of the Romans, who held it as a Province, I shall omit, because I am to speak of their Provincial Government in another place; only it is to be remember'd here, that if we have given over running up and down naked, and with dappl'd hides, learn'd to write and read, and to be instructed with good Arts, for all these we are beholden to the Romans, either immediatly, or mediatly by the Teutons: for that the Teutons had the Arts from no other hand, is plain enough by their Language, which has yet no word to signify ei­ther writing or reading, but what is deriv'd from the Latin. Fur­thermore, by the help of these Arts so learn'd, we have bin capable of that Religion which we have long since receiv'd; wherfore it seems to me, that we ought not to detract from the memory of the Romans, by whose means we are, as it were, of Beasts becom Men, and by whose means we might yet of obscure and ignorant Men (if we thought not too well of our selves) becom a wise and a great Peo­ple.

For the proof of the insuing Dis­course out of Re­cords and An­tiquitys, see Selden's Titles of Honor, from pag. 593, to pag. 837. THE Romans having govern'd Oceana provincially, the Teutons were the first that introduc'd the Form of the late Monarchy. To these succeded the Scandians, of whom (because their Reign was short, as also because they made little alteration in the Government as to the Form) I shall take no notice. But the Teutons, going to work upon the Gothic Balance, divided the whole Nation into three sorts of Feuds, that of Ealdorman, that of Kings Thane, and that of Middle Thane.

The Teuton Mo­narchy. WHEN the Kingdom was first divided into Precincts will be as hard to shew, as when it began first to be govern'd; it being impossible that there should be any Government without som Divi­sion. The Division that was in use with the Teutons, was by Coun­tys, and every County had either its Ealdorman, or High Reeve. The title of Ealdorman came in time to Eorl, or Erl, and that of High Reeve to High Sheriff.

[Page 65] Earls. EARL of the Shire or County denoted the Kings Thane, or Te­hant by Grand Serjeantry or Knights Service, in chief or in capite; his Possessions were somtimes the whole Territory from whence he had his denomination, that is, the whole County, somtimes more than one County, and somtimes less, the remaining part being in the Crown. He had also somtimes a third, or som other customary part of the profits of certain Citys, Boroughs, or other places within his Earl­dom. For an example of the possessions of Earls in antient times, ETHELRED had to him and his Heirs the whole Kingdom of Mercia, containing three or four Countys; and there were others that had little less.

Kings Thane. KINGS Thane was also an honorary Title, to which he was qualify'd that had five Hides of Land held immediatly of the King by service of personal attendance; insomuch that if a Churl or Coun­tryman had thriven to this proportion, having a Church, a Kitchin, a Belhouse (that is, a Hall with a Bell in it to call his Family to dinner) a Boroughgate with a seat (that is, a Porch) of his own, and any distinct Office in the Kings Court, then was he the Kings Thane. But the proportion of a Hide Land, otherwise call'd Caruca, or a Plow Land, is difficult to be understood, because it was not certain; never­theless it is generally conceiv'd to be so much as may be manag'd with one Plow, and would yield the maintenance of the same, with the appurtenances in all kinds.

Middle Thane. THE Middle Thane was feudal, but not honorary; he was also call'd a Vavasor, and his Lands a Vavasory, which held of som Mesn Lord, and not immediatly of the King.

POSSESSIONS and their Tenures, being of this nature, shew the Balance of the Teuton Monarchy; wherin the Riches of Earls were so vast, that to arise from the Balance of their Dominion to their Pow­er, they were not only call'd Reguli or little Kings, but were such in­deed; their Jurisdiction being of two sorts, either that which was exercis'd by them in the Court of their Countys, or in the High Court of the Kingdom.

Shiremoot. IN the Territory denominating an Earl, if it were all his own, the Courts held, and the Profits of that Jurisdiction were to his own use and benefit. But if he had but som part of his County, then his Jurisdiction and Courts (saving perhaps in those possessions that were his own) were held by him to the King's use and benefit; that is, he commonly supply'd the Office which the Sheriffs regularly executed in Countys that had no Earls, and whence they came to be call'd Vis­counts. Viscounts.The Court of the County that had an Earl was held by the Earl and the Bishop of the Diocess, after the manner of the Sheriffs Turns to this day; by which means both the Ecclesiastical and Tem­poral Laws were given in charge together to the Country. The Cau­ses of Vavasors or Vavasorys appertain'd to the cognizance of this Court, where Wills were prov'd, Judgment and Execution given, Cases cri­minal and civil determin'd.

Halymoot. THE Kings Thanes had the like Jurisdiction in their Thane Lands, as Lords in their Manors, where they also kept Courts.

BESIDES these in particular, both the Earls and Kings Thanes, together with the Bishops, Abbots, and Vavasors, or Middle Thanes, had in the High Court or Parlament of the Kingdom, a more public Weidenage­moots.Jurisdiction, consisting First of deliberative Power for advising upon, [Page 66] and assenting to new Laws: Secondly, of giving counsil in matters of State: and Thirdly, of Judicature upon Suits and Complaints. I shall not omit to inlighten the obscurity of these times (in which there is little to be found of a methodical Constitution of this High Court) by the addition of an Argument, which I conceive to bear a strong testi­mony to it self, tho taken out of a late Writing that conceals the Au­thor. ‘It is well known, says he, that in every quarter of the Realm a great many Boroughs do yet send Burgesses to the Parlament, which nevertheless be so antiently and so long since decay'd and gon to nought, that they cannot be shew'd to have bin of any Reputa­tion since the Conquest, much less to have obtain'd any such Privi­lege by the grant of any succeding King: wherfore these must have had this right by more antient usage, and before the Conquest, they being inable now to shew whence they deriv'd it.’

THIS Argument (tho there be more) I shall pitch upon as suf­ficient to prove; First, that the lower sort of the People had right to Session in Parlament during the time of the Teutons. Secondly, that they were qualify'd to the same by election in their Boroughs, and, if Knights of the Shire (as no doubt they are) be as antient in the Coun­trys. Thirdly, If it be a good Argument to say, that the Commons during the reign of the Teutons were elected into Parlament, because they are so now, and no man can shew when this custom began; I see not which way it should be an ill one to say, that the Commons du­ring the reign of the Teutons constituted also a distinct House, because they do so now; unless any man can shew that they did ever sit in the same House with the Lords. Wherfore to conclude this part, I con­ceive for these, and other reasons to be mention'd hereafter, that the Parlament of the Teutons consisted of the King, the Lords Spiritual and Temporal, and the Commons of the Nation, notwithstanding 25 Edw. 3. c. 1.the stile of divers Acts of Parliament, which runs as that of Magna Charta in the Kings name only, seeing the same was nevertheless enact­ed by the King, Peers, and Commons of the Land, as is testify'd in those words by a subsequent Act.

Monarchy of the Neus [...]rians. THE Monarchy of the Teutons had stood in this posture about two hundred and twenty years; when TURBO Duke of Neustria making his claim to the Crown of one of their Kings that dy'd child­less, follow'd it with successful Arms; and being possest of the King­dom, us'd it as conquer'd, distributing the Earldoms, Thane Lands, Bishoprics and Prelacys of the whole Realm among his Neustrians. From this time the Earl came to be call'd Comes, Consul, and Dux (tho Consul and Dux grew afterward out of use) the Kings Thanes came to be call'd Barons, and their Lands Baronys; the Middle Thane holding still of a mean Lord, retain'd the name of Vavasor.

Their Earls. THE Earl or Comes continu'd to have the third part of the Pleas of the County paid to him by the Sheriff or Vice-comes, now a distinct Of­ficer in every County depending upon the King; saving that such Earls as had their Countys to their own use, were now Counts Palatin, and had under the King Regal Jurisdiction: insomuch that they constitu­ted their own Sheriffs, granted Pardons, and issu'd Writs in their own names; nor did the Kings Writ of ordinary Justice run in their 27 11. 8.Dominions till a late Statute, wherby much of this privilege was taken away.

[Page 67] Their Barons. FOR Barons, they came from henceforth to be in different times of three kinds; Barons by their Estates and Tenures, Barons by Writ, and Barons created by Letters Patents. From TURBO the first to ADOXUS the seventh King from the Conquest, Barons had their de­nomination from their Possessions and Tenures. And these were ei­ther Spiritual or Temporal; for not only the Thane Lands, but the Barons by their Possessions.possessions of Bishops, as also of som twenty six Abbats, and two Priors, were now erected into Baronys, whence the Lords Spiritual that had suffrage in the Teuton Parlament as Spiritual Lords, came to have it in the Neustrian Parlament as Barons, and were made subject (which they had not formerly bin) to Knights service in chief. Baro­ny coming henceforth to signify all honorary possessions as well of Earls as Barons, and Baronage to denote all kinds of Lords as well Spiritual as Temporal having right to sit in Parlament, the Baronys in this sense were somtimes more, and somtimes fewer, but commonly about 200 or 250, containing in them a matter of sixty thousand feuda militum, or Knights Fees, wherof som twenty eight thousand were in the Cler­gy. It is ill luck that no man can tell what the Land of a Knights Fee (reckon'd in som Writs at 40 l. a year, and in others at 10) was cer­tainly worth; for by such a help we might have exactly demonstrated the Balance of this Government. But says COOK, it contain'd Cook 11. Inst. pag. 596.twelve Plow Lands, and that was thought to be the most certain ac­count. But this again is extremely uncertain; for one Plow out of som Land that was fruitful, might work more than ten out of som other that was barren. Nevertheless, seeing it appears by BRACTON, Balance of the Neustrian Mo­narchy.that of Earldoms and Baronys it was wont to be said, that the whole Kingdom was compos'd; as also, that these consisting of 60000 Knights Fees, furnish'd 60000 men for the King's service, being the whole Mi­litia of this Monarchy, it cannot be imagin'd, that the Vavasorys or Freeholds in the People amounted to any considerable proportion. Wherfore the Balance and Foundation of this Government was in the 60000 Knights Fees, and these being possest by the 250 Lords, it was a Government of the Few, or of the Nobility; wherin the People might also assemble, but could have no more than a mere name. And the Clergy holding a third to the whole Nation, as is plain by the Parlament Roll; it is an absurdity (seeing the Clergy of France came first thro their Riches to be a State of that Kingdom) to acknowlege the People to have bin a State of this Realm, and not to allow it to the Clergy, who were so much more weighty in the Balance, which is 4 Rich. 2. Num. 13.that of all other whence a State or Order in a Government is denomi­nated. Wherfore this Monarchy consisted of the King, and of the three (ordines Regni, or) Estates, the Lords Spiritual and Temporal, and the Commons: It consisted of these I say as to the balance, tho during the Reign of som of these Kings, not as to the administra­tion.

Administration of the Neustri­an Monarchy during the reign of the first Kings. FOR the ambition of TURBO, and som of those that more im­mediatly succeded him, to be absolute Princes, strove against the na­ture of their Foundation, and, inasmuch as he had divided almost the whole Realm among his Neustrians, with som incouragement for a while. But the Neustrians while they were but foren Plants, having no security against the Natives, but in growing up by their Princes sides, were no sooner well rooted in their vast Dominions, than they came up according to the infallible consequence of the Balance domestic, [Page 68] and, contracting the National interest of the Baronage, grew as fierce in the vindication of the antient Rights and Liberties of the same, as if they had bin always Natives: Whence, the Kings being as obstinat on the one side for their absolute Power, as these on the other for their Immunitys, grew certain Wars which took their denomination from the Barons.

THIS fire about the middle of the Reign of ADOXUS began to break out. And wheras the Predecessors of this King had divers times bin forc'd to summon Councils resembling those of the Teutons, to Barons by Writ.which the Lords only that were Barons by Dominion and Tenure had hitherto repair'd, ADOXUS seeing the effects of such Dominion, be­gan first not to call such as were Barons by Writ (for that was accord­ing to the practice of antient times) but to call such by Writs as were otherwise no Barons; by which means striving to avoid the consequence of the Balance, in coming unwillingly to set the Government streight, he was the first that set it awry. For the Barons in his Reign, and his Successors, having vindicated their antient Authority, restor'd the Parlament with all the Rights and Privileges of the same, saving that from thenceforth the Kings had found out a way wherby to help them­selves against the mighty, by Creatures of their own, and such as had no other support but by their favor. By which means this Govern­ment, being indeed the Masterpiece of modern Prudence, has bin cry'd up to the Skys, as the only invention wherby at once to maintain the Soverainty of a Prince, and the Liberty of the People. Wheras in­deed it has bin no other than a wrestling match, wherin the Nobility, as they have bin stronger, have thrown the King; or the King, if he has bin stronger, has thrown the Nobility; or the King, where he has had a Nobility, and could bring them to his party, has thrown the People, as in France and Spain; or the People where they have had no Nobility, or could get them to be of their party, have thrown the King, as in Holland, and of later times in Oceana. But they came not 49 11. 3.to this strength but by such approaches and degrees, as remain to be further open'd. For wheras the Barons by Writ (as the sixty four Abbats, and thirty six Priors that were so call'd) were but pro tempore, DICOTOME being the twelfth King from the Conquest, began to Barons by Let­ters Patents.make Barons by Letters Patents, with the addition of honorary Pen­sions for the maintenance of their Dignitys to them and their Heirs; so that they were hands in the King's Purse, and had no shoulders for his Throne. Of these when the House of Peers came once to be full, as will be seen hereafter, there was nothing more emty. But for the present, the Throne having other supports, they did not hurt that so much as they did the King: For the old Barons taking DICOTOME'S Prodigality to such Creatures so ill, that they depos'd him, got the trick of it, and never gave over setting up and pulling down their Kings according to their various interests, and that faction of the White Dissolution of the late Monar­chy of Oceana.and Red, into which they had bin thenceforth divided, till PANURGUS the eighteenth King from the Conquest, was more by their Favor than his Right advanc'd to the Crown. This King thro his natural subtilty reflecting at once upon the greatness of their Power, and the inconstan­cy of their favor, began to find another Flaw in this kind of Govern­ment, which is also noted by MACCHIAVEL, namely that a Throne supported by a Nobility, is not so hard to be ascended, as kept warm. Wherfore his secret Jealousy, lest the dissension of the Nobility, as it [Page 69] brought him in, might throw him out, made him travel in ways un­discover'd by them, to ends as little foreseen by himself: while to esta­blish his own safety, he by mixing Water with their Wine, first began to open those Sluces that have since overwhelm'd not the King only, but the Throne. For wheras a Nobility strikes not at the Throne with­out which they cannot subsist, but at som King that they do not like; popular Power strikes thro the King at the Throne, as that which is incompatible with it. Now that PANURGUS in abating the Power of the Nobility, was the cause whence it came to fall into the hands of the People, appears by those several Statutes that were made in his Reign, as that for Population, those against Retainers, and that for Alienations.

BY the Statute of Population, all houses of Husbandry that were us'd with twenty Acres of Ground and upwards, were to be main­tain'd, and kept up for ever with a competent proportion of Land laid to them, and in no wise, as appears by a subsequent Statute, to be sever'd. By which means the houses being kept up, did of necessi­ty inforce Dwellers; and the proportion of Land to be till'd being kept up, did of necessity inforce the Dweller not to be a Begger or Cot­tager, but a Man of som substance, that might keep Hinds and Ser­vants, and set the Plow a going. This did mightily concern (says the Historian of that Prince) the might and manhood of the Kingdom, and in effect amortize a great part of the Lands to the hold and pos­session of the Yeomanry or middle People, who living not in a servil or indigent fashion, were much unlink'd from dependence upon their Lords, and living in a free and plentiful manner, became a more excel­lent Infantry; but such a one upon which the Lords had so little Power, that from henceforth they may be computed to have bin disarm'd.

AND as they lost their Infantry after this manner, so their Ca­valry and Commanders were cut off by the Statute of Retainers: for wheras it was the custom of the Nobility to have younger Brothers of good houses, metal'd fellows, and such as were knowing in the feats of Arms about them; they who were longer follow'd with so dange­rous a train, escap'd not such Punishments, as made them take up.

HENCEFORTH the Country-lives, and great Tables of the Nobility, which no longer nourish'd veins that would bleed for them, were fruitless and loathsom till they chang'd the Air, and of Princes became Courtiers; where their Revenues, never to have bin exhausted by Beef and Mutton, were found narrow, whence follow'd racking of Rents, and at length sale of Lands: the riddance thro the Sta­tute of Alienations being render'd far more quick and facil than for­merly it had bin thro the new invention of Intails.

TO this it happen'd, that CORAUNUS the Successor of that King dissolving the Abbys, brought with the declining state of the Nobility so vast a prey to the Industry of the People, that the Balance of the Commonwealth was too apparently in the popular Party, to be unseen by the wise Council of Queen PARTHENIA, who con­verting her reign thro the perpetual Lovetricks that past between her and her People into a kind of Romance, wholly neglected the Nobi­lity. And by these degrees came the House of Commons to raise that head, which since has bin so high and formidable to their Princes, that they have look'd pale upon those Assemblys. Nor was there any thing now wanting to the destruction of the Throne, but that the [Page 70] People, not apt to see their own strength, should be put to feel it; when a Prince, as stiff in disputes as the nerve of Monarchy was grown slack, receiv'd that unhappy incouragement from his Clergy which became his utter ruin, while trusting more to their Logic than the rough Philosophy of his Parlament, it came to an irreparable breach; for the House of Peers, which alone had stood in this gap, now sinking down between the King and the Commons, shew'd that CRASSUS was dead, and the Isthmus broken. But a Monarchy de­vested of its Nobility, has no refuge under Heaven but an Army. Wherfore the dissolution of this Government caus'd the War, not the War the dissolution of this Government.

OF the King's success with his Arms it is not necessary to give any further account, than that they prov'd as ineffectual as his Nobility; but without a Nobility or an Army (as has bin shew'd) there can be no Monarchy. Wherfore what is there in nature that can arise out of these Ashes, but a popular Government, or a new Monarchy to be erected by the victorious Army?

TO erect a Monarchy, be it never so new, unless like LEVIA­THAN you can hang it, as the Country-fellow speaks, by Geometry (for what else is it to say, that every other Man must give up his will to the will of this one Man without any other foundation?) it must stand upon old Principles, that is, upon a Nobility or an Army planted on a due balance of Dominion. Aut viam inveniam aut faciam, was an Adage of CAESAR; and there is no standing for a Monarchy unless it finds this Balance, or makes it. If it finds it, the work's don to its hand: for, where there is inequality of Estates, there must be inequa­lity of Power; and where there is inequality of Power, there can be no Commonwealth. To make it, the Sword must extirpat out of Dominion all other roots of Power, and plant an Army upon that ground. An Army may be planted Nationally or Provincially. To plant it Nationally, it must be in one of the four ways mention'd, that is, either Monarchically in part, as the Roman Benesiciarii; or Mo­narchically in the whole, as the Turkish Timariots; Aristocratically, that is, by Earls and Barons, as the Neustrians were planted by TURBO; or Democratically, that is, by equal lots, as the Israelitish Army in the Land of Canaan by JOSHUA. In every one of these ways there must not only be Confiscations, but Confiscations to such a proportion as may answer to the work intended.

CONFISCATION of a People that never sought against you, but whose Arms you have born, and in which you have bin victo­rious, and this upon premeditation, and in cold blood, I should have thought to be against any example in human Nature, but for those alleg'd by MACCHIAVEL of AGATHOCLES, and OLIVE­RETTO di Fermo: the former wherof being Captain General of the Syracusans, upon a day assembl'd the Senat and the People, as if he had somthing to communicat with them, when at a sign given he cut the Senators in pieces to a man, and all the richest of the People, by which means he came to be King. The procedings of OLIVERETTO in making himself Prince of Fermo, were somwhat different in circum­stances, but of the same nature. Nevertheless CATILIN, who had a spirit equal to anv of these in his intended mischief, could never bring the like to pass in Rome. The head of a small Commonwealth, such a one as was that of Syracusa or Fermo, is easily brought to the [Page 71] block; but that a populous Nation, such as Rome, had not such a one, was the grief of NERO. If SYLLA or CAESAR attain'd to be Princes, it was by Civil War, and such Civil War as yielded rich spoils, there being a vast Nobility to be confiscated; which also was the case in Oceana, when it yielded earth by Earldoms and Baronys to the Neustrian, for the plantation of his new Potentats. Where a Conqueror finds the Riches of a Land in the hands of the Few, the For­seitures are easy, and amount to vast advantage; but where the People have equal shares, the Confiscation of many coms to little, and is not only dangerous, but fruitless.

THE Romans in one of their defeats of the Volsci found among the Captives certain Tusculans, who, upon examination, confest that the Arms they bore were by command of their State; wherupon in­formation being given to the Senat by the General CAMILLUS, he was forthwith commanded to march against Tusculum; which doing accordingly, he found the Tusculan Fields full of Husbandmen, that stir'd not otherwise from the Plow, than to furnish his Army with all kind of Accommodations and Victuals: drawing near to the City, he saw the Gates wide open, the Magistrats coming out in their Gowns to salute and bid him welcom: entring, the Shops were all at work, and open; the Streets sounded with the noise of Schoolboys at their Books; there was no face of War. Wherupon CAMILLUS causing the Se­nat to assemble, told them, That tho the Art was understood, yet had they at length found out the true Arms wherby the Romans were most undoubtedly to be conquer'd, for which cause he would not an­ticipat the Senat, to which he desir'd them forthwith to send, which they did accordingly; and their Dictator with the rest of their Em­bassadors being found by the Roman Senators as they went into the house standing sadly at the door, were sent for in as Friends, and not as Enemys: Where the Dictator having said, If we have offended, the fault was not so great as is our Penitence and your Virtue; the Senat gave them peace forthwith, and soon after made the Tusculans Citizens of Rome.

BUT putting the case, of which the World is not able to shew an example, That the forfeiture of a populous Nation, not conquer'd, but Friends, and in cool blood, might be taken; your Army must be planted in one of the ways mention'd. To plant it in the way of ab­solute Monarchy, that is, upon feuds for life, such as the Timars, a Coun­try as large and fruitful as that of Greece, would afford you but six­teen thousand Timariots, for that is the most the Turc (being the best husband that ever was of this kind) makes of it at this day: and if Oceana, which is less in fruitfulness by one half, and in extent by three parts, should have no greater a force, whoever breaks her in one bat­tel, may be sure she shall never rise; for such (as was noted by MACCHIAVEL) is the nature of the Turkish Monarchy, if you break it in two battels, you have destroy'd its whole Militia; and the rest being all slaves, you hold it without any further resistance. Wher­fore the erection of an absolute Monarchy in Oceana, or in any other Country that is no larger, without making it a certain prey to the first Invader, is altogether impossible.

TO plant by halves, as the Roman Emperors did their Beneficiarys, or military Colonys, it must be either for life; and this an Army of Oceaners in their own Country (especially having Estates of Inheri­tance) [Page 72] will never bear; because such an Army so planted is as well confiscated as the People; nor had the Mamalucs bin contented with such usage in Egypt, but that they were Foreners, and daring not to mix with the Natives, it was of absolute necessity to their being.

OR planting them upon Inheritance, whether Aristocratically as the Neustrians, or Democratically as the Israelits, they grow up by certain consequence into the national Interest: and this, if they be planted popularly, coms to a Commonwealth; if by way of Nobi­lity, to a mix'd Monarchy, which of all other will be found to be the only kind of Monarchy, wherof this Nation, or any other that is of no greater extent, has bin or can be capable: for if the Israelits (tho their Democratical Balance, being fix'd by their Agrarian, stood firm) be yet found to have elected Kings, it was because, their Territory lying open, they were perpetually invaded, and being perpetually invaded, turn'd themselves to any thing which thro the want of experience they thought might be a remedy; whence their mistake in election of their Kings (under whom they gain'd nothing, but on the contrary lost all they had acquir'd by their Commonwealth, both Estates and Li­bertys) is not only apparent, but without parallel. And if there have bin (as was shewn) a Kingdom of the Goths in Spain, and of the Vandals in Asia, consisting of a single Person and a Parlament (taking a Parlament to be a Council of the People only, without a Nobility) it is expresly said of those Councils, that they depos'd their Kings as often as they pleas'd: nor can there be any other consequence of such a Government, seeing where there is a Council of the People, they do never receive Laws, but give them; and a Council giving Laws to a single Person, he has no means in the World wherby to be any more than a subordinat Magistrat, but force: in which case he is not a single Person and a Parlament, but a single Person and an Army, which Ar­my again must be planted as has bin shewn, or can be of no long con­tinuance.

IT is true, that the Provincial Balance being in nature quite contra­ry to the National, you are no way to plant a Provincial Army upon Dominion. But then you must have a native Territory in Strength, Situation, or Government, able to overbalance the foren, or you can never hold it. That an Army should in any other case be long sup­ported by a mere Tax, is a mere phansy as void of all reason and ex­perience, as if a Man should think to maintain such a one by robbing of Orchards: for a mere Tax is but pulling of Plumtrees, the roots wherof are in other Mens grounds, who suffering perpetual Violence, com to hate the Author of it: And it is a Maxim, that no Prince that is hated by his People can be safe. Arms planted upon Dominion extirpat Enemys, and make Friends; but maintain'd by a mere Tax, have Ene­mys that have roots, and Friends that have none.

TO conclude, Oceana, or any other Nation of no greater extent, must have a competent Nobility, or is altogether incapable of Mo­narchy: for where there is equality of Estates, there must be equality of Power; and where there is equality of Power, there can be no Monarchy.

The generation of the Common­wealth. TO com then to the generation of the Commonwealth; it has bin shewn how thro the ways and means us'd by PANURGUS to abase the Nobility, and so to mend that flaw which we have asserted to be incurable in this kind of Constitution, he suffer'd the Balance to fall [Page 73] into the power of the People, and so broke the Government: but the Balance being in the People, the Commonwealth (tho they do not see it) is already in the nature of ^*them. There wants nothing else but Time (which is slow and dangerous) or Art (which would be more quick and secure) for the bringing those native Arms (wher­withal they are found already) to resist they know not how every thing that opposes them, to such maturity as may fix them upon their own strength and bottom.

What Prudence is. BUT wheras this Art is Prudence; and that part of Prudence which regards the present Work, is nothing else but the skill of rai­sing such Superstructures of Government, as are natural to the known Foundations: they never mind the Foundation, but thro certain ani­mosities (wherwith by striving one against another they are infected) or thro freaks, by which, not regarding the course of things, nor how they conduce to their purpose, they are given to building in the Air, com to be divided and subdivided into endless Partys and Factions, both Civil and Ecclesiastical: which briefly to open, I shall first speak of the People in general, and then of their Divisions.

A PEOPLE (says MACCHIAVEL) that is corrupt, is not capable of a Commonwealth. But in shewing what a corrupt Peo­ple is, he has either involv'd himself or me; nor can I otherwise com out of the Labyrinth, than by saying, that the Balance altering a Peo­ple, as to the foregoing Government, must of necessity be corrupt: but Corruption in this sense signifys no more than that the Corruption of one Government (as in natural Bodys) is the Generation of another. Wherfore if the Balance alters from Monarchy, the Corrup­tion of the People in this case is that which makes them capable of a Commonwealth. But wheras I am not ignorant, that the Corruption which he means is in Manners, this also is from the Balance. For the Balance leading from Monarchical into Popular, abates the Luxury of the Nobility, and, inriching the People, brings the Government from a more privat to a more public Interest; which coming nearer, as has bin shewn, to Justice and right Reason, the People upon a like alteration is so far from such a Corruption of Manners, as should render them incapable of a Commonwealth, that of necessity they must therby contract such a Reformation of Manners as will bear no other kind of Government. On the other side, where the Balance changes from Popular to Oligarchical or Monarchical, the public Interest, with the Reason and Justice included in the same, becoms more privat; Luxury is introduc'd in the room of Temperance, and Servitude in that of Freedom; which causes such a corruption of Manners both in the No­bility and People, as, by the Example of Rome in the time of the Triumvirs, is more at large discover'd by the Author to have bin alto­gether incapable of a Commonwealth.

BUT the Balance of Oceana changing quite contrary to that of Rome, the Manners of the People were not therby corrupted, but on the contrary adapted to a Commonwealth. For differences of Opini­on in a People not rightly inform'd of their Balance, or a division in­to Partys (while there is not any common Ligament of Power suffi­cient [Page 74] to reconcile or hold them) is no sufficient proof of Corruption. Nevertheless, seeing this must needs be matter of scandal and dan­ger, it will not be amiss, in shewing what were the Partys, to shew what were their Errors.

THE Partys into which this Nation was divided, were Tempo­ral, or Spiritual: and the Temporal Partys were especially two, the one Royalists, the other Republicans: each of which asserted their dif­ferent Causes, either out of Prudence or Ignorance, out of Interest or Conscience.

FOR Prudence, either that of the Antients is inferior to the Mo­dern (which we have hitherto bin setting face to face, that any one The Royalist.may judg) or that of the Royalist must be inferior to that of the Commonwealthsman. And for Interest, taking the Commonwealths­man to have really intended the Public (for otherwise he is a Hypo­crit and the worst of Men) that of the Royalist must of necessity have bin more p [...]ivat. Wherfore the whole dispute will com upon matter of Conscience; and this, whether it be urg'd by the Right of Kings, the Obligation of former Laws, or of the Oath of Allegiance, is absolv'd by the Balance.

FOR if the Right of Kings were as immediatly deriv'd from the Breath of God as the Life of Man, yet this excludes not Death and Dissolution. But, that the dissolution of the late Monarchy was as natural as the Death of a Man, has bin already shewn. Wherfore it remains with the Royalists to discover by what Reason or Experi­ence it is possible for a Monarchy to stand upon a popular Ba­lance; or, the Balance being popular, as well the Oath of Allegiance, as all other Monarchical Laws imply an impossibility, and are therfore void.

The Common­wealthsman. TO the Commonwealthsman I have no more to say, but that if he excludes any Party, he is not truly such; nor shall ever found a Commonwealth upon the natural Principle of the same, which is Ju­stice. And the Royalist for having oppos'd a Commonwealth in Oceana (where the Laws were so ambiguous that they might be eter­nally disputed, and never reconcil'd) can neither be justly for that cause excluded from his full and equal share in the Government; nor prudently, for this reason, that a Commonwealth consisting of a Party will be in perpetual labor of her own destruction: Whence it was that the Romans having conquer'd the Albans, incorporated them with equal Right into the Commonwealth. And if the Royalists be flesh of your flesh, and nearer of Blood than were the Albans to the Romans, you being also both Christians, the Argument's the stronger. Never­theless there is no reason that a Commonwealth should any more favor a Party remaining in fix'd opposition against it, than BRUTUS did his own Sons. But if it sixes them upon that opposition, it is its own fault, not theirs; and this is don by excluding them. Men that have equal Possessions, and the same security for their Estates and their Libertys that you have, have the same cause with you to defend both: But if you will be trampling, they fight for Liberty, tho for Monar­chy; and you for Tyranny, tho under the name of a Common­wealth: The nature of Orders in a Government rightly instituted be­ing void of all jealousy, because, let the Partys which it imbraces bo what they will, its Orders are such as they neither would resist if they [Page 75] could, nor could if they would, as has bin partly already shewn; and will appear more at large by the following Model.

Religious Par▪tys. THE Partys that are Spiritual are of more kinds than I need men­tion; som for a National Religion, and others for Liberty of Con­science, with such animosity on both sides, as if these two could not consist together, and of which I have already sufficiently spoken, to shew, that indeed the one cannot well subsist without the other. But they of all the rest are the most dangerous, who, holding that the Saints must govern, go about to reduce the Commonwealth to a Party, as well for the Reasons already shewn, as that their Pretences are against Scripture, where the Saints are commanded to submit to the Higher Powers, and to be subject to the Ordinance of Man. And that men, pretending under the notion of Saints or Religion to Civil Power, have hitherto never fail'd to dishonor that Profession, the World is full of Examples, wherof I shall confine my self at present only to a couple, the one of Old, the other of New Rome.

Saints. IN Old Rome the Patricians or Nobility pretending to be the godly Party, were question'd by the People for ingrossing all the Magistracys of that Commonwealth, and had nothing to say why they did so, but ^*that Magistracy requir'd a kind of Holiness which was not in the People: ^†at which the People were fill'd with such Indignation as had com to cutting of Throats, if the Nobility had not immediat­ly laid by the Insolency of that Plea; which nevertheless when they had don, the People for a long time after continu'd to elect no other but Patrician Magistrats.

THE Example of New Rome in the rise and practice of the Hie­rarchy (too well known to require any further illustration) is far more immodest.

THIS has bin the course of Nature: and when it has pleas'd, or shall please God to introduce any thing that is above the course of Na­ture, he will, as he has always don, confirm it by Miracle; for so in his Prophecy of the Reign of CHRIST upon Earth, he expresly promises: seeing that the Souls of them that were beheaded for JESUS, shall be seen to live and reign with him; which will be an object of Sense, the rather, because the rest of the Dead are not to live again till the Thousand Years be finish'd. And it is not lawful for men to persuade us that a thing already is, tho there be no such object of our Sense, which God has told us shall not be till it be an object of our Sense.

THE Saintship of a People as to Government, consists in the elec­tion of Magistrats fearing God, and hating Covetousness, and not in their confining themselves, or being confin'd to men of this or that Party or Profession. It consists in making the most prudent and reli­gious choice they can; yet not in trusting to Men, but, next God, to their own Orders. Give us good Men, and they will make us good Laws, is the Maxim of a Demagog, and is (thro the alteration which is commonly perceivable in men, when they have power to work their own Wills) exceding fallible. But give us good Orders, and they [Page 76] will make us good Men, is the Maxim of a Legislator, and the most in­fallible in the Politics.

BUT these Divisions (however there be som good Men that look sadly on them) are trivial things; first as to the Civil concern, because the Government, wherof this Nation is capable, being once seen, takes in all Interests. And, secondly, as to the Spiritual; because as the pretence of Religion has always bin turbulent in broken Govern­ments, so where the Government has bin sound and steddy, Religion has never shew'd it self with any other face than that of the natural Sweetness, and Tranquillity: nor is there any reason why it should; The Errors of the People are from their Go­vernors.wherfore the Errors of the People are occasion'd by their Governors. If they be doubtful of the way, or wander from it, it is because their Guides misled them; and the Guides of the People are never so well qualify'd for leading by any Virtue of their own, as by that of the Go­vernment.

THE Government of Oceana (as it stood at the time wherof we discourse, consisting of one single Council of the People, exclusively of the King and the Lords) was call'd a Parlament: Nevertheless the Parlaments of the Teutons and of the Neustrians consisted, as has bin shewn, of the King, Lords and Commons; wherfore this under an old Name was a new thing: A Parlament consisting of a single As­sembly elected by the People, and invested with the whole Power of the Government, without any Covenants, Conditions, or Orders what­soever. So new a thing, that neither antient nor modern Prudence can shew any avow'd Example of the like. And there is scarce any thing that seems to me so strange as that (wheras there was nothing more familiar with these Counsillors, than to bring the Scripture to the House) there should not be a Man of them that so much as of­fer'd to bring the House to the Scripture, wherin, as has bin shewn, is contain'd that Original, wherof all the rest of the Commonwealths seem to be Copys. Certainly if LEVIATHAN (who is surer of nothing than that a popular Commonwealth consists but of one Coun­cil) transcrib'd his Doctrin out of this Assembly, for him to except a­gainst ARISTOTLE and CICERO for writing out of their own Commonwealths, was not so fair play; or if the Parlament transcrib'd out of him, it had bin an honor better due to MOSES. But where one of them should have an Example but from the other, I cannot imagin, there being nothing of this kind that I can find in story, but the Oligarchy of Athens, the thirty Tyrants of the same, and the Ro­man Decemvirs.

Lib. 8. FOR the Oligarchy, THUCYDIDES tells us, that it was a Senat or Council of Four hundred, pretending to a Balancing Council of the People consisting of Five thousand, but not producing them; wherin you have the definition of an Oligarchy, which is a single Council both debating and resolving, dividing and chusing; and what that must com to, was shewn by the Example of the Girls, and is apparent by the experience of all times: wherfore the Thirty set up by the Lacede­monians (when they had conquer'd Athens) are call'd Tyrants by all Authors, LEVIATHAN only excepted, who will have them a­gainst all the World to have bin an Aristocracy; but for what reason I cannot imagin, these also, as void of any Balance, having bin void of that which is essential to every Commonwealth, whether Aristocratical or [Page 77] Popular; except he be pleas'd with them, because that, according to the Testimony of XENOPHON, they kill'd more men in eight months, than the Lacedemonians had don in ten years; oppressing the People (to use Sir WALTER RALEIGH'S words) with all base and intolerable Slavery.

THE usurp'd Government of the Decemvirs in Rome was of the same kind. Wherfore in the fear of God let Christian Legislators (setting the Pattern given in the Mount on the one side, and these execrable Examples on the other) know the right hand from the left; and so much the rather, because those things which do not conduce to the good of the Govern'd, are fallacious, if they appear to be good for the Governors. God in chastising a People, is accustom'd to burn his Rod. The Empire of these Oligarchys was not so violent as short, nor did they fall upon the People, but in their own immediat ruin. A Council without a Balance is not a Commonwealth, but an Oligarchy; and every Oligarchy, except it be put to the defence of its Wicked­ness or Power against som outward danger, is factious. Wherfore the Errors of the People being from their Governors (which Maxim in the Politics bearing a sufficient testimony to it self, is also prov'd by MACCHIAVEL) if the People of Oceana have bin factious, the Cause is apparent: But what Remedy?

The General. IN answer to this Question, I com now to the Army; of which the most victorious Captain, and incomparable Patriot OLPHAUS MEGALETOR was now General: who being a much greater master of that Art, wherof I have made a rough draught in these Prelimina­rys, had such sad reflections upon the ways and procedings of the Par­lament, as cast him upon Books, and all other means of diversion, a­mong which he happen'd on this place of MACCHIAVEL: ‘Thrice happy is that People which chances to have a Man able to give them such a Government at once, as without alteration may se­cure them of their Libertys; seeing it is certain that Lacedemon, in observing the Laws of LYCURGUS, continu'd about eight hun­dred years without any dangerous Tumult or Corruption.’ My Lord General (as it is said of THEMISTOCLES, that he could not sleep for the Glory obtain'd by MILTIADES at the Battel of Maratho) took so new and deep an Impression at these words of the much greater Glory of LYCURGUS, that, being on this side assaulted with the emulation of his illustrious Object, and on the other with the Misery of the Nation, which seem'd (as it were ruin'd by his Victory) to cast it self at his feet, he was almost wholly depriv'd of his natural rest, till the debate he had within himself came to a firm resolution, that the greatest Advantages of a Commonwealth are, first, that the Legislator should be one Man: And, secondly, that the Government should be made altogether, or at once. For the first, It is certain, says Des. B. 1. c. 9.MACCHIAVEL, that a Commonwealth is seldom or never well turn'd or constituted, except it has bin the Work of one Man; for which That a Legisla­tor is to b [...] one.cause a wise Legislator, and one whose mind is firmly set, not upon privat but the public Interest, not upon his Posterity but upon his Country, may justly endeavor to get the soverain Power into his own hands: nor shall any man that is Master of Reason blame such extra­ordinary means as in that case will be necessary, the end proving no other than the Constitution of a well-order'd Commonwealth. The [Page 78] reason of this is demonstrable: for the ordinary means not failing, the Commonwealth has no need of a Legislator; but the ordinary means failing, there is no recourse to be had but to such as are extraordinary. And, wheras a Book or a Building has not bin known to attain to its perfection, if it has not had a sole Author or Architect; a Common­wealth, That a Com­monwealth is to be made at once.as to the Fabric of it, is of the like nature. And thus it may be made at once; in which there be great advantages: for a Commonwealth made at once, takes Security at the same time it lends its Mony; and trusts not it self to the Faith of Men, but lanches immediatly forth into the Empire of Laws: and being set streight, brings the Manners of its Citizens to its rule; whence follow'd that uprightness which was in Lacedemon. But Manners that are rooted in men, bow the tenderness of a Commonwealth coming up by twigs to their bent; whence follow'd the obliquity that was in Rome, and those perpetual Repairs by the Consuls Axes, and Tribuns Hammers, which could ne­ver finish that Commonwealth but in destruction.

MY Lord General being clear in these Points, and of the necessity of som other course than would be thought upon by the Parlament, appointed a meeting of the Army, where he spoke his sense agreable to these Preliminarys with such success to the Soldiery, that the Parla­ment was soon after depos'd; and he himself (in the great Hall of the Pantheon or Palace of Justice, situated in Emporium the capital Ci­ty) was created by the universal Suffrage of the Army, Lord AR­CHON, or sole Legislator of Oceana: upon which Theatre you have, to conclude this piece, a Person introduc'd, whose fame shall never draw its Curtain.

THE Lord ARCHON being created, fifty select Persons to assist him (by laboring in the Mines of antient Prudence, and bringing its hidden Treasures to new light) were added, with the stile also of Le­gislators, and sat as a Council, wherof he was the sole Director and Pre­sident.

The Council of Legislators.

OF this piece, being the greater half of the whole work, I shall be able at this time to give no farther account, than very briefly to shew at what it aims.

MY Lord ARCHON in opening the Council of Legislators, made it appear how unsafe a thing it is to follow Phansy in the Fabric of a Com­monwealth; and how necessary that the Archives of antient Prudence should be ransack'd before any Counsillor should presume to offer any other matter in order to the work in hand, or towards the consideration to be had by the Council upon a Model of Government. Wherfore he caus'd an Urn to be brought, and every one of the Counsillors to draw a Lot. By the Lots as they were drawn,

THESE contain'd in them all those Excellencys wherof a Common­wealth is capable; so that to have added more, had bin to no purpose. Upon time given to the Counsillors, by their own Studys and those of their Friends, to prepare themselves, they were open'd in the Order, and by the Persons mention'd at the Council of Legislators; and afterwards by order of the same were repeated at the Council of the Prytans to the People: for in drawing of the Lots, there were about a dozen of them inscrib'd with the letter P. wherby the Counsillors that drew them became Prytans.

THE Prytans were a Committee or Council sitting in the great Hall of Pantheon, to whom it was lawful for any man to offer any thing in order to the Fabric of the Commonwealth: for which cause, that they might not be opprest by the throng, there was a Rail about the Table where they sat, and on each side of the same a Pulpit; that on the right hand for any man that would propose any thing, and that on the left for any other that would oppose him. And all Partys (being indem­nify'd by Proclamation of the ARCHON) were invited to dispute their own Interests, or propose whatever they thought fit (in order to the future Government) to the Council of the Prytans, who (having a Guard of about two or three hundred men, lest the heat of dispute might break the peace) had the Right of Moderators, and were to [Page 80] report from time to time such Propositions or Occurrences as they thought fit, to the Council of Legislators sitting more privatly in the Palace call'd Alma.

THIS was that which made the People (who were neither safely to be admitted, nor conveniently to be excluded in the framing of the Commonwealth) verily believe when it came forth, that it was no o­ther than that wherof they themselves had bin the makers.

MOREOVER, this Council sat divers months after the publish­ing, and during the promulgation of the Model to the People; by which means there is scarce any thing was said or written for or against the said Model, but you shall have it with the next impression of this work by way of Oration addrest to, and moderated by the Prytans.

BY this means the Council of Legislators had their necessary Solitude and due aim in their greater work, as being acquainted from time to time with the pulse of the People, and yet without any manner of in­terruption or disturbance.

WHERFORE every Commonwealth in its place having bin open'd by due Method; that is, First, by the People; Secondly, by the Senat; And, Thirdly, by the Magistracy: The Council upon mature debate took such results or orders out of each, and out os every part of each of them, as upon opening the same they thought fit; which be­ing put from time to time in writing by the Clere or Secretary, there remain'd no more in the conclusion, than putting the Orders so taken together, to view and examin them with a diligent ey, that it might be clearly discover'd whether they did interfere, or could any wise com to interfere or jostle one with the other. For as such Orders jostling, or coming to jostle one another, are the certain dissolution of the Com­monwealth; so taken upon the proof of like experience, and neither jostling, nor shewing which way they can possibly com to jostle one another, they make a perfect, and (for ought that in human Prudence can be foreseen) an immortal Commonwealth.

AND such was the Art wherby my Lord ARCHON (taking Counsil of the Commonwealth of Israel, as of MOSES; and of the rest of the Commonwealths, as of JETHRO) fram'd the Model of the Commonwealth of Oceana.

THE MODEL OF THE Commonwealth of OCEANA.

WHERAS 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 Suidas.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.

Exod. 18. 24. THE first is taken out of the Commonwealth of Israel: So MO­SES hearken'd to the voice of (JETHRO) his Father in law, and did all that he had said. And MOSES chose able men out of all Israel, and Numb. 1. 16. 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, Matth.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 or 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.

[Page 82] 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 Crag. de Rep. Lac. lib. 1. c. 6.shalt have divided the People into Tribes (which were six) and Obas (which were five in every Tribe) thou shalt constitute the Senat, con­sisting, with the two Kings, of thirty Counsillors, who, according as occasion requires, shall cause the Congregation to be assembled be­tween the Bridg and the River Gnacion, where the Senat shall propose to the People, and dismiss them without suffering them to debate.’ The Ob [...] 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 held 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 compriz'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 Halicar.TULLUS propos'd 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 kil'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. 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 therupon were instituted, being a Council where the People in exigencys made Laws without the Senat; which Laws were call'd Plebiscita. 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 [Page 83] 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, wheron the first lot fell, being stil'd Principium, or the Prerogative; and the other Curiae, Centurys, or Tribes, wheron the second, third, and fourth Lots, &c. fell, the Jure vocatae: 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 Prae­rogativum, and seldom fail'd to be leading to the rest of the Tribes. The Jure vocatae 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 Curiae, 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 [Page 84] 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 if 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: wherfore 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 provable. 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, says JULIUS 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 that MARIUS, 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 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 [Page 85] 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, ingages 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 somthing froward 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 fifth 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 [Page 86] 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 Ʋrn 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 Ʋrn sufficiently to mix the Balls, the Overseers shall call the Elders to the Ʋrn, who from each side of the Church shall com up the middle Ally in two files, every man passing by the Ʋrn, and drawing out one Ball; which if it be Silver, he shall cast into a Bowl standing at the foot of the Ʋrn, 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 balloting his name 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:

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 mention'd, to the Censors of the Tribe: and the Congregation is to observe [Page 87] 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 sine them or any of them at discretion, but un­der an Appeal to the Parlament.

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. In Israel, the soverain Power came clearly from the natural Root, the Jos. 24. 1.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.

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,

By which it should seem that this Order was not otherwise hereditary than a mans 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

4. 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 Ʋniversitys of this Nationwith 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 [Page 88] Congregation to receive a Probationer from that Ʋniversity; 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 receive 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 Parlament. 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 free 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 or distast, if any thro variety of opinions, that may be grievous or injurious to them, should 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 defence of the Liberty of Conscience.

THIS Order consists of three parts, the first restoring the power of Ordination to the People, which, that it originally belongs to them, is clear, tho not in English yet in Scripture, where the Apostles ordain'd Acts 14. 23. Elders by the holding up of hands in every Congregation, that is, by the suffrage of the People, which was also given 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 Scriptures; 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 [Page 89] 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 institute 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 don 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 Ʋrn, 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 Ʋrn, 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 Ʋrn, with so many Silver ones as shall bring them even with the number of the Deputys, who [Page 90] being sworn, as before, at the Ballot of the Parish to make a fair Election, shall be call'd to the Ʋrn; 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 Ʋrn, and 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 be return'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 Procedings 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:

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, [Page 91] 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 might 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 Institution of the Tribe.Parishes, came to be cast into one thousand Hundreds, and into fifty Tribes. 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 Of the Pavi­lion.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: 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 Ʋrn; 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 Ʋrn; and the middle Ʋrn 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

[Page 92] 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 other uses to be hereafter mention'd) 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, plac'd 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 Ʋrn, to [Page 93] 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 Ʋrn; 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 Ʋrns beforehand, with regard had to the Lists of the Ma­gistrats, to be elected by the insuing 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 Ʋrn 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 Ʋrns sixty Gold Balls divided into each according to the different number of the Horse and the 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 Ʋrn 36 Gold Balls with 24 Blanks, in all sixty; and sixty Gold Balls into the side Ʋrns, divided respectively into the number of the Horse and the Foot: and the Gold Balls in the side Ʋrns at either Ballot are by the addition of Blanks to be brought even with the number of the Ballotants at either Ʋrn 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 Ʋrn to the Lord High Sheriff, who is to draw twice for the Letters to be us'd that day, the one at the side Ʋrns, and the other at the middle. And the Censors having fitted the Ʋrns 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 Ʋrn, the second before the Foot Ʋrn, the Lord Lieutenant doing the Office of Censor pro tem­pore at the middle Ʋrn; 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 Ʋrn (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 Ʋrn, 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, [Page 94] after som 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 proceded 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 Ʋrn, 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 Ʋrn, and the two Files that are middle to the Foot, shall draw out first to the Foot Ʋrn, 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 Ʋrn to countermarch to their places; but he that has drawn a Gold Ball at a side Ʋrn, shall procede to the middle Ʋrn, where if the Ball he draws be Silver, he also shall 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 Ʋrn, 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 wherin 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, immediately 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 witten in this manner:

AND the Electors of the first hand or order, being six, shall each of them name to his respective Magistracy in the left such as are not already elected in the Hundreds, till one Competitor be chosen to every Magistracy in the List by the Ballot of the Electors of the first Order; which don, the List with the Competitors therunto annex'd shall be return'd to the Lord High Sheriff by the Clerc attending that Order, but the Electors shall keep their places: for they have already given their Suffrage, and may not enter into the Ballot of the Tribe. If there arises any Dispute in an Order of Electors, one of the Censors or Subcensors appointed by them in case they be Electors, shall enter into the Tent of that Order; and that Order shall stand to his Judgment in the decision of the Controversy. The like shall be don exactly by each other Order of Electors, being sent as they are drawn, each with another Copy of the same List, into a distinct Tent, till there be re­turn'd to the Lord High Sheriff four Competitors to every Magistracy in the List; that is to say, one Competitor elected to every Office in every one of the four Orders: which Competitors the Lord High Sheriff shall cause to be pronounc'd or read by a Cryer to the Congregation; and the Congre­gation having heard the whole Lists repeated, the Names shall be put by the Lord High Sheriff to the Tribe, one by one, beginning with the first Com­petitor in the first Order, thence proceding to the first Competitor in the second Order, and so to the first in the third and fourth Orders. And the Suffrages being taken in boxes by boys (as has bin already shewn) shall be pour'd into the Bowls standing before the Censors, who shall be seated at each end of the Table in the Pavilion, the one numbring the Affirma­tives, and the other the Negatives; and he, of the four Competitors to the first Magistracy, that has most above half the Suffrages of the Tribe in the Affirmative, is the first Magistrat. The like is to be don successively by the rest of the Competitors in their order. But because soon after the Boxes are sent out for the first name, there be others sent out for the second, and so for the third, &c. by which means divers names are successively at one and the same time in ballotting; the Boy that carrys a Box shall sing or repeat continually the name of the Competitor for whom that Box is carrying, with that also of the Magistracy to which he is propos'd. A Magistrat of the Tribe happening to be an Elector, may substitute any one of his own Order to execute his other Function. The Magistrats of the Prime Magnitude being thus elected, shall receive the present Charge of the Tribe.

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, [Page 96] 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 Mans 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 mention'd, 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 shall intermeddle with matters of Government, out of their Livings; except the Party appeals to the Phylarch, or to the Council of Religion, where in that case the Censors shall prosecute. All and every one of these 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 fivefold.

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.

[Page 97] 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 elswhere in their proper functions according to the more antient Laws and Customs of this Nation.

THIRDLY, The Phylarch shall hold the Court call'd 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 days work at the Muster, which happen'd, as has bin shewn, to be don 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 in­to the field very early, the Orator proceded to

[Page 98] 12. Order. Institution of the Galaxy. THE twelfth ORDER, directing the Muster of the Tribe in the second days Election, being that of the List call'd the Galaxy; in which the Censors shall prepare the Ʋrns according to the Directions given in the ninth Order for the second Ballot; that is to say, with 36 Gold Balls in the middle Ʋrn, 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 mans 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 Sherif, 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 entred 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 mans 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 [Page 99] Galaxy, having fulfil'd his term of three years, shall not be reelected into the same Galaxy, or any other, till he has also fulfil'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 Sherifs Honor, 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 Signs or Constellations of one Hemi­sphere, which setting, cause those of the other to rise) cast the great Orbs of this Commonwealth into an annual, triennial, and perpetual Revolution.

THE business of the Muster being thus happily 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.

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 som 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 shewn, are Spherical; and Spherical Motions have their proper Center: for which cause (e're 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 call his own, that is to say, Property; and what the Means be wherby a Man may enjoy his own, that is to say, Protection. The first is also call'd Dominion, and the second Empire or Soverain Power, wherof this (as has bin shewn) is the natural product of the former; for such as is the Balance of Dominion in a Nation, such is the nature of its Empire.

WHERFORE the Fundamental Laws of Oceana, or the Center of this Commonwealth, are the Agrarian and the Ballot: The Agra­rian [Page 102] by the Balance of Dominion preserving Equality in the Root; and the Ballot by an equal Rotation conveying it into the Branch, or Exercise of Soverain Power: As, to begin with the former, ap­pears by

13. Order. THE thirteenth ORDER, constituting the Agrarian Laws of Oceana, Marpesia and Panopea, wherby it is ordain'd, First, for all such Lands as are lying and being within the proper Territorys of Oceana, that every Man who is at present possest, or shall hereafter be possest of an E­state in Land exceding the Revenue of two thousand Pounds a year, and having more than one Son, shall leave his Lands either equally divided a­mong them, in case the Lands amount to above 2000 l. a year to each; or so near equally in case they com under, that the greater part or portion of the same remaining to the eldest, excede not the value of two thousand Pounds Revenue. And no man, not in present possession of Lands above the value of two thousand Pounds by the year, shall receive, enjoy (except by lawful Inheritance) acquire, or purchase to himself Lands within the said Territorys, amounting, with those already in his possession, above the said Revenue. And if a man has a Daughter, or Daughters, except she be an Heiress, or they be Heiresses, he shall not leave or give to any one of them in Marriage or otherwise, for her Portion, above the value of one thousand five hundred Pounds in Lands, Goods, and Monys. Nor shall any Friend, Kinsman, or Kinswoman, add to her or their Portion or Por­tions that are so provided for, to make any one of them greater. Nor shall any man demand, or have more in marriage with any Woman. Never­theless an Heiress shall enjoy her lawful Inheritance, and a Widow, what­soever the Bounty or Affection of her Husband shall bequeath to her, to be divided in the first Generation, wherin it is divisible according as has bin shewn.

SECONDLY, For Lands lying and being within the Territorys of Marpesia, the Agrarian shall hold in all parts as it is establish'd in Ocea­na, except only in the Standard or Proportion of Estates in Land, which shall be set for Marpesia at five hundred Pounds. And,

THIRDLY, For Panopea, the Agrarian shall hold in all parts, as in Oceana. And whosoever possessing above the proportion allow'd by these Laws, shall be lawfully convicted of the same, shall forfeit the Overplus to the use of the State.

AGRARIAN Laws of all others have ever bin the greatest Bug­bears, and so in the Institution were these, at which time it was ridi­culous to see how strange a fear appear'd in every body of that which, being good for all, could hurt no body. But instead of the proof of this Order, I shall out of those many Debates that happen'd e're it could be past, insert two Speeches that were made at the Council of Legislators, the first by the Right Honorable PHILAUTUS DE GARBO, a young Man, being Heir apparent to a very Noble Fami­ly, and one of the Counsillors, who exprest himself as follows.

THE case of my Lord PHILAUTUS was the most concern'd in the whole Nation; for he had four younger Brothers, his Father being yet living to whom he was Heir of ten thousand Pounds a year. Wherfore being a Man both of good Parts and Esteem, his Words wrought both upon Mens Reason and Passions, and had born a stroke at the head of the business, if my Lord ARCHON had not interpos'd the Buckler in this Oration.

BY these Speeches made at the Institution of the Agrarian, you may perceive what were the Grounds of it. The next is

14. Order. THE fourteenth ORDER, constituting the Ballot of Venice, as it is fitted by several Alterations, and appointed to every Assembly, to be the constant and only way of giving suffrage in this Commonwealth, according to the following Scheme.

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[Page 113] I SHALL indeavor by the preceding Figure to demonstrat the Manner of the VENETIAN BALLOT (a thing as difficult in discourse or writing, as facil in practice) according to the use of it in Oceana. The whole Figure represents the Se­nat, containing, as to the House or form of sitting, a square and a half; the Tribunal at the upper end being ascended by four steps. On the uppermost of these sit the Magistrats that constitute the Signory of the Commonwealth, that is to say, A the Strategus; B the Orator; C the three Commissioners of the Great Seal; D the three Commissioners of the Treasury, wherof one, E, exercises for the present the Office of a Censor at the middle Urn F.

TO the two upper steps of the Tribunal answer G G. G G. the two long Benches next the Wall on each side of the House; the outward­most of which are equal in height to the uppermost step, and the in­nermost equal in height to the next. Of these four Benches consists the first Seat; as the second Seat consists in like manner of those four Ben­ches H H. H H. which being next the Floor, are equal in height to the two nethermost steps of the Throne. So the whole House is distributed into two Seats, each consisting of four Ben­ches.

THIS distribution causes not only the greater conveniency, as will be shewn, to the Senators in the exercise of their Function at the Bal­lot, but a greater grace to the aspect of the Senat. In the middle of the outward benches stand I. I. the chairs of the Censors, those being their ordinary places, tho upon occasion of the Ballot they de­scend, and sit where they are shewn by K. K. at each of the outward Urns L. L. Those M. M. that sit with their Tables, and the Bowls N. N. before them, upon the half space or second step of the Tribunal from the floor, are the Clercs or Secretarys of the House. Upon the short Seats O. O. on the floor (which should have bin represented by Woolsacks) sit P the two Tribuns of the Horse; Q the two Tribuns of the Foot; and R R. R R. the Judges: all which Magistrats are As­sistants, but have no suffrage. This posture of the Senat consider'd, the Ballot is perform'd as follows.

FIRST, wheras the gold Balls are of several sutes, and according­ly mark'd with several Letters of the Alphabet, a Secretary presents a little Urn (wherin there is one Ball of every sute or mark) to the Strategus and the Orator; and look what Letter the Strategus draws, the same and no other is to be us'd for that time in the middle Urn F; the like for the Letter drawn by the Orator is to be observ'd for the side Urns L. L. that is to say, if the Strategus drew a Ball with an A, all the gold Balls in the middle Urn for that day are mark'd with the Letter A; and if the Orator drew a B, all the gold Balls in the side Urn for that day are mark'd with the Letter B: which don immediat­ly before the Ballot, and so the Letter unknown to the Ballotants, they can use no fraud or jugling; otherwise a man might carry a gold Ball in his hand, and seem to have drawn it out of an Urn. He that draws a gold Ball at any Urn, delivers it to the Censor or As­sessor of that Urn, who views the Character, and allows accordingly of his Lot.

THE Strategus and the Orator having drawn for the Letters, the Urns are prepar'd accordingly by one of the Commissioners and the [Page 114] two Censors. The preparation of the Urns is after this manner. If the Senat be to elect, for example, the List call'd the Tropic of Magi­strats, which is this;

• 1. The Lord STRATEGƲS;
• 2. The Lord ORATOR;
• 3. The third COMMISSIONER of the Great Seal;
• 4. The third COMMISSIONER of the Treasury;
• 5. The first CENSOR;
• 6. The second CENSOR;

This List or Schedule consists of six Magistracys, and to every Magistracy there are to be four Competitors, that is, in all four and twenty Competitors propos'd to the House. They that are to propose the Competitors are call'd Electors, and no Elector can propose above one Competitor: wherfore for the proposing of four and twenty Com­petitors you must have four and twenty Electors; and wheras the Ballot consists of a Lot and of a Suffrage, the Lot is for no o­ther use than for the designation of Electors; and he that draws a gold Ball at the middle Urn is an Elector. Now, as to have four and twenty Competitors propos'd, you must have four and twenty Electors made; so to have four and twenty Electors made by lot, you must have four and twenty gold Balls in the middle Urn; and these (because otherwise it would be no Lot) mix'd with a competent number of Blanks, or silver Balls. Wherfore to the four and twenty gold Balls cast six and twenty silver ones, and those (reckoning the Blanks with the Prizes) make fifty Balls in the middle Urn. This don (because no man can com to the middle Urn that has not first drawn a gold Ball at one of the side Urns) and to be sure that the Pri­zes or gold Balls in this Urn be all drawn, there must com to it fifty persons: therfore there must be in each of the side Urns five and twen­ty gold Balls, which in both com to fifty; and to the end that every Senator may have his Lot, the gold Balls in the side Urns are to be made up with Blanks equal to the number of the Ballotants at either Urn: for example, the House consisting of 300 Senators, there must be in each of the side Urns 125 Blanks and 25 Prizes, which com in both the side Urns to 300 Balls. This is the whole Mystery of pre­paring the Urns, which the Censors having skill to do accordingly, the rest of the Ballot, whether the partys balloting understand it or no, must of necessary consequence com right; and they can neither be out, nor sall into any confusion in the exercise of this Art.

BUT the Ballot, as I said, is of two parts, Lot and Suffrage, or the Proposition and Result. The Lot determins who shall propose the Competitors; and the Result of the Senat, which of the Com­petitors shall be the Magistrats. The whole, to begin with the Lot, procedes in this manner.

THE first Secretary with an audible Voice reads first the List of the Magistrats to be chosen for the day; then the Oath for fair Electi­on, at which the Senators hold up their hands; which don, another Secretary presents a little Urn to the Strategus, in which are four Balls, each of them having one of these four Inscriptions: FIRST SEAT AT THE ƲPPER END. FIRST SEAT AT THE LOWER END. SECOND SEAT AT THE ƲPPER [Page 115] END. SECOND SEAT AT THE LOWER END. and look which of them the Strategus draws, the Secretary pronoun­cing the Inscription with a loud Voice, the Seat so call'd coms ac­cordingly to the Urns: this in the Figure is the SECOND SEAT AT THE ƲPPER END. The manner of their coming to the side Urns is in double Files, there being two holes in the cover of each side Urn, by which means two may draw at once. The Senators therfore SS. SS. are coming from the upper end of their Seats HH. HH. to the side Urns L. L. The Senators TT. T. are drawing. The Senator V has drawn a gold Ball at his side Urn, and is going to the middle Urn F, where the Senator W having don the like at the other side Urn, is already drawing. But the Senators X X. X X. having drawn Blanks at their side Urns, and thrown them into the Bowls Y. Y. standing at the feet of the Urns, are marching by the lower end into their Seats again; the Senator a having don the like at the middle Urn, is also throwing his blank into the Bowl b, and marching to his Seat again: for a man by a prize at a side Urn gains no more than right to com to the middle Urn, where if he draws a Blank, his For­tune at the side Urn coms to nothing at all; wherfore he also returns to his place. But the Senator c has had a Prize at the middle Urn, where the Commissioner having viewed his Ball, and found the mark to be right, he marches up the steps to the Seat of the Electors, which is the form d set cross the Tribunal, where he places himself according as he was drawn with the other Electors eee drawn before him. These are not to look back, but sit with their Faces towards the Signo­ry or State, till their number amount to that of the Magistrate to be that day chosen, which for the present, as was shewn, are six; wher­fore six Electors being made, they are reckon'd according as they were drawn: First, second, third, fourth, fifth, sixth, in their Order; and the first six that are chosen are the FIRST ORDER OF ELECTORS.

THE first Order of Electors being made, are conducted by a Secretary, with a copy of the List to be chosen, out of the Se­nat, and into a Committee or Council-Chamber, being neither suffer'd by the way, nor in their room (till the Ballot be ended) to have conference with any but themselves; wherfore the Secretary, having given them their Oath that they shall make Election according to the Law and their Conscience, delivers them the List, and seats himself at the lower end of the Table with his Pen and Paper, while another Secretary keeps the Door.

BY such time as the first Order of Electors are thus seated, the second Order of Electors is drawn, who with a second Copy of the same List are conducted into another Committee-chamber, by other Secretarys performing the same Office with the former.

THE like exactly is don by the third and by the fourth Orders (or Hands, as the Venetians call them) of Electors; by which means you have the four and twenty Electors divided according to the four Copys of the same List, by six, into four Hands or Or­ders; and every one of these Orders names one Competitor to every Magistracy in the List; that is to say, the first Elector names to the first Magistracy, the second Elector to the second Magi­stracy, and so forth. But tho the Electors, as has bin shewn, are chosen by mere lot, yet the Competitors by them nam'd are not cho­sen [Page 116] by any Lot, but by the Suffrage of the whole Order: For exam­ple; The first Elector in the first Order proposes a Name to be Strate­gus, which Name is balloted by himself and the other five Electors; and if the Name so balloted attain not to above half the Suffrages, it is laid aside, and the first Elector names another to the same Magistracy; and so in case this also fails, another, till one he has nam'd, whe­ther it be himself, or som other, has attain'd to above half the Suffrages in the affirmative; and the name so attaining to a­bove half the Suffrages in the Affirmative is written to the first Magistracy in the List by the Secretary; which being don, the se­cond Elector of the first Order names to the second Magistracy till one of his nomination be chosen to the same. The like is don by the rest of the Electors of the first Order, till one Competitor be chosen, and written to every Magistracy in their List. Now the second, third, and fourth Orders of Electors doing exactly after the same manner, it coms to pass that one Competitor to every Magistracy being chosen in each Order, there be in all four Competitors chosen to every Magistracy.

IF any Controversy arises in an Order of Electors, one of the Cen­sors (these being at this game the Groomporters) is advertis'd by the Secretary, who brings him in, and the Electors disputing are bound to acquiesce in his Sentence. For which cause it is that the Censors do not ballot at the Urns; the Signory also abstains, lest it should deform the House: wherfore the Blanks in the side Urns are by so many the fewer. And so much for the Lot, which is of the greater Art but less Conse­quence, because it concerns Proposition only: But all (except the Tribuns and the Judges, which being but Assistants have no Suffrage) are to ballot at the Result, to which I now com.

THE four Orders of Electors having perfected their Lists, the face of the House is chang'd: for the Urns are taken away, and every Se­nator and Magistrat is seated in his proper place, saving the Electors, who, having given their Suffrages already, may not stir out of their Chambers, till the House have given theirs, and the rest of the Ballot be perform'd; which follows in this manner.

THE four Lists being presented by the Secretarys of each Coun­cil of Electors to the Signory, are first read, according to their Order, to the House with an audible Voice; and then the Com­petitors are put to the Ballot or Suffrage of the whole Senat in this manner: A. A. nam'd to be Strategus in the first Order▪ wherupon eight Ballotins or Pages, such as are express'd by the Figures f. f. take eight of the Boxes represented, tho rudely, by the Figures g. g. and go four on the one, and four on the other side of the House, that is, one to every Bench, singing A. A. nam'd to be the Strategus in the first Order: and every Magistrat and Senator (begin­ning by the Strategus and the Orator first) holds up a little Pellet of Linen, as the Box passes, between his Finger and his Thumb, that men may see he has but one, and then puts it into the same. The Box con­sisting in the inner part of two Boxes, being painted on the outside white and green, to distinguish the Affirmative from the Nagative side, is so made, that when your Hand is in it, no man can see to which of the sides you put the Suffrage, nor hear to which it falls, because the Pellet being Linen, makes no noise. The Strategus and the Orator having begun, all the rest do the like.

THE Ballotins having thus gather'd the Suffrages, bring them [Page 117] before the Signory, in whose presence the outward Boxes being open'd, they take out the inner Boxes, wherof the Affirmative is white, and the Negative green, and pour the white into the Bowl N on the right hand, which is white also, and the green into the Bowl N on the lest, which is also green. These Bowls or Basons (better represented at the lower end of the Figure by h. i.) being upon this occasion set before the Tables of the Secretarys at the upper end N. N. the white on the right hand, and the green on the lest, the Secretarys on each side num­ber the Balls: by which if they find that the Affirmatives amount not to above one half, they write not the Name that was balloted; but if they amount to above one half, they write it, adding the number of a­bove half the Suffrages to which it attain'd. The first name being written, or laid aside, the next that is put is B. B. nam'd to be Strategus in the second Order; the third C. C. nam'd to be Strategus in the third Order; the fourth D. D. nam'd to be Strategus in the fourth Order: and he of these four Competitors that has most above half in the Affirma­tive, is the Magistrat; or if none of them attain to above half, the no­mination for that Magistracy is to be repeated by such new Electors as shall be chosen at the next Ballot. And so, as is exemplify'd in the first Magistracy, procedes the Ballot of the rest; first in the first, then in the second, and so in the third and fourth Orders.

NOW wheras it may happen that A. A. (for example) being nam'd Strategus in the first Order, may also be nam'd to the same or som one or more other Magistracys in one or more of the other Orders; his name is first balloted where it is first written, that is, to the more worthy Ma­gistracy, wherof if he misses, he is balloted as it coms in course for the next, and so for the rest, if he misses of that, as often as he is nam'd.

AND because to be nam'd twice or oftner, whether to the same or som other Magistracy, is the stronger recommendation; the note must not fail to be given upon the name, at the proposition, in this man­ner; A. A. nam'd to be Strategus in the first, and in the second Order: or A. A. nam'd to be Strategus in the first and the third; in the first and the fourth, &c. But if he be nam'd to the same Magistracy in the first, se­cond, third, and fourth Orders, he can have no Competitor; wherfore attaining to above half the Suffrages, he is the Magistrat. Or thus: A. A. nam'd to be Strategus in the first, to be Censor in the second, to be Orator in the third, and to be Commissioner of the Seal in the fourth Order, or the like in more or fewer Orders: In which cases if he misses of the first Magistracy, he is balloted to the second; if he misses of the second, to the third; and if he misses of the third, to the fourth

THE Ballot not finish'd before Sunset, tho the Election of the Ma­gistrats already chosen be good, voids the Election of such Competi­tors as being chosen are not yet furnish'd with Magistracys, as if they had never bin nam'd (for this is no Jugling Box, but an Art that must see the Sun) and the Ballot for the remaining Magistracys is to be repeated the next day by new Orders of Electors, and such Com­petitors as by them shall be elected. And so in the like manner, if of all the names propos'd to the same Magistracy, no one of them attains to above half the Suffrages in the Affirmative.

THE Senatorian Ballot of Oceana being thus describ'd, those of the Parish, of the Hundred, and of the Tribe, being so little different, that in this they are all contain'd, and by this may be easily understood, [Page 118] are yet fully describ'd, and made plain enough before in the 5 th, 6 th, 7 th, 8 th, 9 th, and 10 th Orders.

THIS therfore is the general Order, whence those branches of the Ballot, som wherof you have already seen, are deriv'd; which, with those that follow, were all read and debated in this place at the Institution. When my Lord EPIMONUS DE GARRULA, being one of the Counsillors, and having no farther patience (tho the Rules were com­pos'd by the Agent of this Commonwealth, residing for that purpose at Venice) than to hear the direction for the Parishes, stood up and made way for himself in this manner.

[Page 120] NEVER was there Goose so stuck with Lard as my Lord EPI­MONUS'S Speech with Laughter; the ARCHON having much ado to recover himself, in such manner as might inable him to return these thanks.

WITH this Speech of the ARCHON I conclude the proof of the Agrarian, and the Ballot, being the Fundamental Laws of this Commonwealth; and com now from the Center to the Circumfe­rences or Orbs, wherof som have bin already shewn: As how the Parishes annually pour themselves into the Hundreds, the Hundreds into the Tribes, and the Tribes into the Galaxys; the Annual Galaxy of every Tribe consisting of two Knights and seven Deputys, wherof the Knights constitute the Senat; the Deputys, the Prerogative Tribe, commonly call'd the People; and the Senat and People constitute the So­verain Power, or Parlament of Oceana. Wherfore to shew what the Parlament is, I must first open the Senat, and then the Prerogative Tribe.

The Face of the S [...]nat. TO begin with the Senat, of which (as a Man is differently re­presented by a Picturedrawer, and by an Anatomist) I shall first dis­cover the Face or Aspect, and then the Parts, with the use of them. Every Monday morning in the Summer at seven, and in the Winter at eight, the great Bell in the Clockhouse at the Pantheon begins, and continues ringing for the space of one hour: in which time the Ma­gistrats of the Senat, being attended according to their Quality, with a respective number of the Ballotins, Doorkeepers, and Messengers; and having the Ensigns of their Magistracys born before them, as the Sword before the Strategus, the Mace before the Orator, a Mace with the Seal before the Commissioners of the Chancery, the like with the Purse before the Commissioners of the Treasury; and a Silver Wand, like those in use with the Universitys, before each of the Censors, be­ing Chancellors of the same. These with the Knights, in all three hundred, assemble in the House or Hall of the Senat.

THE House or Hall of the Senat, being situated in the Pantheon or Palace of Justice, is a Room consisting of a Square and a half. In the middle of the lower end is the Door; at the upper end hangs a rich State overshadowing the greater part of a large Throne, or half pace of two Stages; the first ascended by two steps from the floor, and the second about the middle rising two steps higher. Upon this stand two Chairs, in that on the right hand sits the Strategus, in the other the Orator, adorn'd with Scarlet Robes, after the fashion that was us'd by the Dukes in the Aristocracy. At the right end of the upper Stage stand three Chairs, in which the three Commissioners of the Seal are plac'd; and at the other end sit the three Commissioners of the Treasury, every one in a Robe or Habit like that of the Earls. Of these Magistrats of this upper Stage consists the Signory. At either end of the lower Stage stands a little Table, to which the Secretarys of the Senat are set with their tusted Sleeves in the habit of civil Lawyers. To the four steps, wherby the two Stages of the Throne are ascend­ed, answer four long Benches, which successively deriving from every one of the steps, continue their respective height, and extend them­selves by the side Walls towards the lower end of the House, every Bench being divided by numeral Characters into the thirty seven parts or places. Upon the upper benches sit the Censors in the Robes of Ba­rons; the first in the middle of the right hand bench, and the second directly opposit to him on the other side. Upon the rest of the Ben­ches sit the Knights, who if they be call'd to the Urns, distributing [Page 122] themselves by the Figures, com in equal files, either by the first Seat, which consists of the two upper Benches on either side; or by the se­cond Seat, consisting of the two lower Benches on either side: begin­ning also at the upper, or at the lower ends of the same, according to the Lot wherby they are call'd; for which end the Benches are open, and ascended at either end with easy stairs and large passages. The rest of the Ballot is conformable to that of the Tribe; the Censors of the House sitting at the side Urns, and the youngest Magistrat of the Signory at the middle: the Urns being plac'd before the Throne, and prepar'd according to the number of the Magistrats to be at that time chosen by the Rules already given to the Censors of the Tribes. But before the Benches of the Knights on either side stands one being shorter; and at the upper end of this sit the two Tribuns of the Horse. At the upper end of the other, the two Tribuns of the Foot in their Arms; the rest of the Benches being cover'd by the Judges of the Land in their Robes. But these Magistrats have no Suffrage, nor the Tribuns, tho they derive their presence in the Senat from the Romans; nor the Judges, tho they derive theirs from the antient Senat of Oceana. Every Monday this Assembly sits of course; at other times, if there be occasion, any Magistrat of the House by giving order for the Bell, or by his Lictor or Ensignbearer, calls a Senat. And every Magistrat or Knight during his Session has the Title, Place, and Honor of a Duke, Earl, Baron, or Knight, respectively. And every one that has born the same Magistracy by his third Session, has his respective Place and Title during the term of his Life, which is all the Honor confer'd by this Commonwealth, except upon the Master of the Ce­remonys, the Master of the Horse, and the King of the Heralds, who are Knights by their places. And thus you have the face of the Senat, in which there is scarce any Feature that is not Roman or Vene­tian; nor do the Horns of the Crescent extend themselves much un­like those of the Sanhedrim, on either hand of the Prince, and of the Father of that Senat. But upon Beauty, in which every Man has his phansy, we will not otherwise philosophize than to remember that there is somthing more than decency in the Robe of a Judg, that would not be well spar'd from the Bench; and that the gravest Magistrat, to whom you can commit the Sword of Justice, will find a quickness in the Spurs of Honor, which if they be not laid to Virtue, will lay themselves to that which may rout a Commonwealth.

Constitution of the Senat. TO com from the Face of the Senat, to the Constitution and Use of the Parts: It is contain'd in the peculiar Orders. And the Orders which are peculiar to the Senat, are either of Election or Instruction.

ELECTIONS in the Senat are of three sorts, Annual, Biennial, and Extraordinary.

ANNUAL Elections are perform'd by the Schedule call'd the Tropic: And the Tropic consists of two parts; the one containing the Magistrats, and the other the Councils to be yearly elected. The Schedule or Tropic of the Magistrats is as follows in

15. Order. Tropic of the Magistrats. THE fifteenth ORDER, requiring, That upon every Monday next insuing the last of March, the Knights of the Annual Galaxys taking their places in the Senat, be call'd the third Region of the same; and that the House having dismist the first Region, and receiv'd the third, procede to election of the Magistrats contain'd in the first part of the Tropic, by the insuing Schedule:

[Page 123]

THE Annual Magistrats (provided that no one Man bears above one of those Honors during the term of one Session) may be elected out of any Region. But the Triennial Magistrats may not be elected out of any other than the third Region only, lest the term of their Session expire before that of their Honor; and (it being unlawful for a Man to bear Magistracy any longer than he is therto qualify'd by the Election of the People) cause a Fraction in the Rotation of this Commonwealth.

Of the Strate­gus. THE Strategus is first President of the Senat, and General of the Army, if it be commanded to march; in which case there shall be a se­cond Strategus elected to be first President of the Senat, and General of the second Army: and if this also be commanded to march, a third Stra­tegus shall be chosen; and so on, as long as the Commonwealth sends forth Armys.

Of the Orator. THE Lord Orator is the second and more peculiar President of the Senat, to whom it appertains to keep the House to Orders.

Of the Censors. THE Censors, wherof the first by consequence of his Election is Chan­cellor of the Ʋniversity of Clio, and the second of that of Calliope, are Presidents of the Council for Religion and Magistrats, to whom it belongs to keep the House to the order of the Ballot. They are also Inquisitors into the ways and means of acquiring Magistracy; and have power to punish indirect procedings in the same, by removing a Knight or Magistrat out of the House, under appeal to the Senat.

Of the Com­missioners of the Seal. THE Commissioners of the Seal being three, wherof the third is annu­ally chosen out of the third Region, are Judges in Chancery.

Of the Com­missioners of the Treasury. THE Commissioners of the Treasury being three, wherof the third is annually chosen out of the third Region, are Judges in the Exchequer; and every Magistrat of this Schedule has right to propose to the Senat.

Of the Signo­ry. BƲT the Strategus with the six Commissioners, are the Signory of this Commonwealth, having right of Session and Suffrage in every Council of the Senat, and Power either jointly or severally to propose in all or any of them.

I HAVE little in this Order to observe or prove, but that the Strategus is the same Honor both in name and thing that was born, among others, by PHILOPEMEN and ARATUS in the Common­wealth of the Acheans; the like having bin in use also with the Aetoli­ans. The Orator, call'd otherwise the Speaker, is with small altera­tion the same that had bin of former use in this Nation. These two, if you will, may be compar'd to the Consuls in Rome, or the Suffetes in Carthage; for their Magistracy is scarce different.

THE Censors derive their power of removing a Senator from those of Rome; the Government of the Ballot, from those of Venice; and [Page 124] that of Animadversion upon the Ambitus, or canvass for Magistracy, from both.

THE Signory, with the whole Right and Use of that Magistracy, to be hereafter more fully explain'd, is almost purely Venetian.

THE second part of the Tropic is directed by

16. Order. Constitution of the Councils. THE sixteenth ORDER, wherby the Constitution of the Councils, being four, that is to say, the Council of State, the Council of War, the Council of Religion, and the Council of Trade, is render'd conformable in Of the Coun­cil of State.their Revolutions to that of the Senat. As, first, by the annual Elec­tion of five Knights out of the third Region of the Senat, into the Coun­cil of State, consisting of fifteen Knights, five in every Region. Second­ly, Of the Council of War.By the annual Election of three Knights out of the third Region of the Council of State, to be propos'd by the Provosts, and elected by that Coun­cil, into the Council of War, consisting of nine Knights, three in every Region, not excluded by this Election from remaining Members also of the Council of State. The four Tribuns of the People have right of Session Of the Council of Religion.and Suffrage in the Council of War. Thirdly, By the annual Election of four Knights out of the third Region of the Senat into the Council of Re­ligion, consisting of twelve Knights, four in every Region: Of this Coun­cil Of the Council of Trade.the Censors are Presidents. Fourthly, By the annual Election of four Knights out of the third Region of the Senat into the Council of Trade, Of the Pro­vosts.consisting of twelve Knights, four in every Region. And each Region, in every one of these Councils thus constituted, shall weekly and interchangeably elect one Provost, whose Magistracy shall continue for one Week; nor shall he be reelected into the same, till every Knight of that Region in the same Of the Council of the Pro­vosts.Council has once born the same Magistracy. And the Provosts being one in every Region, three in every Council, and twelve in all, besides their other Capacitys, shall assemble and be a Council, or rather an Academy apart, to certain ends and purposes to be hereafter further explain'd, with those of the rest of the Councils.

THIS Order is of no other use than for the frame and turn of the Councils, and yet of no small one: for in Motion consists Life; and the Motion of a Commonwealth will never be current, unless it be circular. Men that, like my Lord EPIMONUS, not induring the resemblance of this kind of Government to Orbs and Spheres, fall on physicing and purging it, do no more than is necessary; for if it be not in Rotation both as to Persons and Things, it will be very sick. The People of Rome, as to Persons, if they had not bin taken up by the Wheel of Magistracy, had overturn'd the Chariot of the Senat. And those of Lacedemon, as to Things, had not bin so quiet when the Senat trash'd their Business, by incroaching upon the Result, if by the Institution of the Ephors they had not brought it about again. So that if you allow not a Commonwealth her Rotation, in which con­sists her Equality, you reduce her to a Party, and then it is necessary that you be Physicians indeed, or rather Farriers; for you will have strong Patients, and such as must be halter'd and cast, or your selves may need Bonesetters. Wherfore the Councils of this Common­wealth, both in regard of their Elections, and, as will be shewn, of their Affairs, are uniform with the Senat in their Revolutions; not as Whirlpits to swallow, but to bite, and with the Scrues of their Ro­tation to hold and turn a Business (like the Vice of a Smith) to the [Page 125] Hand of the Workman. Without Engins of which nature it is not possible for the Senat, much less for the People, to be perfect Artificers in a political Capacity. But I shall not hold you longer from

17. Order. Constitution of the biennial E­lection or Orb of Ambassadors in ordinary. THE seventeenth ORDER, directing biennial Elections, or the Constitution of the Orb of Ambassadors in ordinary, consisting of four Re­sidences, the Revolution wherof is perform'd in eight years, and preserv'd thro the Election of one Ambassador in two years by the Ballot of the Senat to repair to the Court of France, and reside there for the term of two years; and the term of two years being expir'd, to remove from thence to the Court of Spain, there to continue for the space of two years, and thence to remove to the State of Venice; and after two years residence in that City, to conclude with his residence at Constantinople for a like term of time, and so to return. A Knight of the Senat, or a Deputy of the Prerogative, may not be elected Ambassador in Ordinary, because a Knight or Deputy so chosen, must either lose his Session, which would cause an un­evenness in the motion of this Commonwealth, or accumulat Magistracy, which agrees not with the equality of the same. Nor may any Man be elected into this Capacity, that is above five and thirty years of Age, lest the Commonwealth lose the charge of his Education, by being depriv'd at his return of the Fruit of it, or else injoy it not long thro the defects of Nature.

THIS Order is the Perspective of the Commonwealth, wherby she foresees Danger, or the Traffic; wherby she receives every two years the return of a Statesman inrich'd with eight years experience, from the prime Marts of Negotiation in Europe And so much for the Elections in the Senat that are ordinary; such as are extraordinary follow in

18. Order. Constitution of Election Extra­ordinary, or by the Scrutiny. THE eighteenth ORDER, appointing all Elections upon emergent occasions, except that of the Dictator, to be made by the Scrutiny, or that kind of Election, wherby a Council coms to be a fifth Order of Electors. For Example, if there be occasion of an Ambassador Extraordinary, the Provosts of the Council of State, or any two of them shall propose to the same, till one Competitor be chosen by that Council: and the Council having chosen a Competitor, shall bring his name into the Senat, which in the usual way shall chuse four more Competitors to the same Magistracy; and put them, with the Competitor of the Council, to the Ballot of the House, by which he of the five that is chosen is said to be elected by the Scrutiny of the Council of State. A Vice-Admiral, a Polemarch, or Field Officer, shall be elected after the same manner, by the Scrutiny of the Council of War. A Judg or Serjeant at Law, by the Scrutiny of the Commissioners of the Seal. A Baron, or considerable Officer of the Exchequer, by the Scrutiny of the Commissioners of the Treasury. Men in Magistracy, or out of it, are equally capable of Election by the Scrutiny; but a Magistrat or Officer elected by the Scrutiny to a military Imployment, if he be neither a Knight of the Senat, nor a Deputy of the Prerogative, ought to have his Office confirm'd by the Prerogative, because the Militia in a Common­wealth, where the People are Soverain, is not lawful to be touch'd injussu Populi.

[Page 126] THE Romans were so curious, that tho their Consuls were elected in the ^* Centuriat Assemblys, they might not touch the Militia, except they were confirm'd in the ^† Parochial Assemblys: for a Magistrat not receiving his Power from the People, takes it from them; and to take away their Power, is to take away their Liberty. As to the Election by the Scrutiny, it is easily perceiv'd to be Venetian, there being no such way to take in the Knowlege, which in all reason must be best in every Council of such men as are most fit for their turns, and yet to keep them from the biass of particular Affection or Interest under that pretence: For the cause why the Great Council in Venice scarce ever elects any other than the Name that is brought in by the Scrutiny, is very probable to be, that they may.... This Election is the last of those appertaining to the Senat. The Councils being chosen by the Orders already shewn, it remains that we com to those wherby they are instructed: and the Orders of Instruction to the Councils are two, the first for the Matter wherupon they are to procede; and the second for the Manner of their proceding. The Matter of the Councils is di­stributed to them by

THIS Order of Instructions to the Councils being (as in a mat­ter of that nature is requisit) very large, I have us'd my best skill to abbreviat it in such manner as might shew no more of it than is neces­sary to the understanding of the whole; tho as to the parts, or further dutys of the Councils, I have omitted many things of singular use in a Commonwealth. But it was discours'd at the Council by the ARCHON in this manner.

THE Instructions of the Councils for their matter being shewn, it remains that I shew the Instructions for the manner of their pro­ceding, as they follow in

20. Order. Instructions for the Councils as to their manner of Proceding. THE twentieth ORDER, containing the Method of Debates to be observ'd by the Magistrats and the Councils successively, in order to a Decree of the Senat.

THE Magistrats of the Signory, as Counsillors of this Commonwealth, shall take into their consideration all matters of State, or of Government; and, having right to propose in any Council, may any one or more of them propose what business he or they please in that Council to which it most pro­perly belongs. And, that the Councils may be held to their duty, the said Magistrats are superintendents and inspectors of the same, with right to propose to the Senat.

THE Censors have equal Power with these Magistrats, but in relation to the Council of Religion only.

[Page 132] ANY two of the three Provosts in every Council may propose to, and are the more peculiar Proposers of, the same Council; to the end that there be not only an inspection and superintendency of business in general, but that every work be also committed to a peculiar hand.

ANY one or more of the Magistrats, or any two of the Provosts respectively having propos'd, the Council shall debate the business so propos'd, to which they of the third Region that are willing shall speak first in their order; they of the second, next; and they of the first, last: and the opi­nions of those that propos'd or spoke, as they shall be thought the most con­siderable by the Council, shall be taken by the Secretary of the same in writing, and each of them sign'd with the name of the Author.

THE Opinions being thus prepar'd, any Magistrat of the Signory, the Censor, or any two of the Provosts of that Council, upon this occasion may assemble the Senat.

THE Senat being assembled, the Opinions (for example, if they be four) shall be read in their Order, that is, according to the Order or Dig­nity of the Magistrats or Counsillors by which they were sign'd. And being read, if any of the Council introducing them will speak, they, as best ac­quainted with the business, shall have precedence; and after them the Se­nators shall speak according to their Regions, beginning by the third first, and so continuing till every man that will has spoken: and when the Opini­ons have bin sufficiently debated, they shall be put all together to the Ballot after this manner.

FOƲR Secretarys carrying each of them one of the Opinions in one hand, with a white Box in the other, and [...]ach following the other, accord­ing to the order of the Opinions, shall present his Box, naming the Author of his Opinion to every Senator; and one Secretary or Ballotin with a green Box shall follow the four white ones; and one Secretary or Ballotin with a red Box shall follow the green one: and every Senator shall put one Ball into som one of these six boxes. The Suffrage being gather'd and open'd before the Signory, if the red Box or Nonsincere had above half the Suffrages, the Opinions shall he all cast out, for the major part of the House is not clear in the business. If no one of the four Opinions had above half the Suf­frages in the Affirmative, that which had fewest shall be cast out, and the other three shall be balloted again. If no one of the three had above half, that which had fewest shall be cast out, and the other two shall ballot again. If nei­ther of the two had above half, that which had fewest shall be cast out, and the remaining Opinion shall be balloted again. And if the remaining Opinion has not above half, it shall also be cast out. But the first of the Opinions that ar­rives at most above half in the Affirmative, is the Decree of the Senat. The Opinions being all of them cast out by the Nonsincere, may be review'd, if oc­casion permits, by the Council, and brought in again. If they be cast out by the Negative, the case being of advice only, the House approves not, and there is an end of it: the case being necessary, and admitting delay, the Council is to think again upon the business, and to bring in new Opinions; but the Case being necessary, and not admitting delay, the Senat immediatly electing the Juncta, shall create the Dictator. ^* And let the Dictator, as the Roman saying is, take care that the Commonwealth receives no harm.

THIS in case the Debate concludes not in a Decree. But if a Decree be past, it is either in matter of State or Government according to Law enacted already, and then it is good without going any further: or it is in [Page 133] matter of Law to be enacted, repeal'd, or amended; and then the Decree of the Senat, especially if it be for a War, or for a Levy of Men or Mony, is invalid, without the result of the Commonwealth, which is in the Pre­rogative Tribe, or Representative of the People.

THE Senat having prepar'd a Decree to be propos'd to the People, shall appoint their Proposers; and no other may propose for the Senat to the People but the Magistrats of the House: that is to say, the three Com­missioners of the Seal, or any two of them; the three of the Treasury, or any two of them; or the two Censors.

THE Senat having appointed their Proposers, shall require of the Tribuns a muster of the People at a set time and place: and the Tribuns or any two of them having muster'd the People accordingly, the Proposers shall propose the Sense or Decree of the Senat by clauses to the People. And that which is propos'd by the Authority of the Senat, and resolv'd by the Command of the People, is the Law of Oceana.

TO this Order, implicitly containing the sum very near of the whole Civil part of the Commonwealth, my Lord ARCHON spoke thus in Council.

THIS Speech concluded the Debate which happen'd at the Insti­tution of the Senat. The next Assembly is that of the People or Pre­rogative Tribe.

The Face of the Prerogative Tribe. THE face, or mein of the Prerogative Tribe for the Arms, the Horses, and the Disciplin, but more especially for the select men, is that of a very noble Regiment, or rather of two; the one of Horse, divided into three Troops (besides that of the Provinces, which will be shewn hereafter) with their Captains, Cornets, and two Tribuns of the Horse at the head of them; the other of Foot in three Com­panys (besides that of the Provinces) with their Captains, Ensigns, and two Tribuns of the Foot at the head of them. The first Troop is call'd the Phoenix; the second the Pelican; and the third the Swallow. The first Company the Cypress; the second the Myrtle; and the third [Page 142] the Spray. Of these again (not without a near resemblance of the Roman division of a Tribe) the Phoenix and the Cypress constitute the first Class; the Pelican and the Myrtle the second; and the Swallow with the Spray the third, renew'd every Spring by

21. Order. The Change or Election of the Triennial Offi­cers of the Prerogative. THE one and twentieth ORDER, directing, that upon every Monday next insuing the last of March, the Deputys of the annual Ga­laxy arriving at the Pavilion in the Halo, and electing one Captain and one Cornet of the Swallow (triennial Officers) by and out of the Cavalry at the Horse Ʋrn, according to the Rules contain'd in the Ballot of the Hundred; and one Captain with one Ensign of the Spray (triennial Offi­cers) by and out of the Infantry at the Foot Ʋrn, after the same way of ballotting; constitute and becom the third Classes of the Preroga­tive Tribe.

SEVEN Deputys are annually return'd by every Tribe, wherof three are Horse, and four are Foot; and there be fifty Tribes: so the Swallow must consist of 150 Horse, the Spray of 200 Foot. And the rest of the Classes being two, each of them in number equal; the whole Prerogative (besides the Provinces, that is, the Knights and Deputys of Marpesia and Panopea) must consist of 1050 Deputys. And these Troops and Companys may as well be call'd Centurys as those of the Romans; for the Romans related not, in so naming theirs, to the num­ber. And wheras they were distributed according to the valuation of their Estates, so are these; which by virtue of the last Order, are now accommodated with their triennial Officers. But there be others ap­pertaining to this Tribe, whose Election, being of far greater impor­tance, is annual, as follows in

22. Order. The Change or Election of the Annual Magi­strats of the Prerogative. THE twenty second ORDER; whereby the first Class having elected their triennial Officers, and made Oath to the Old Tribuns, that they will neither introduce, cause, nor to their power suffer Debate to be intro­duc'd into any popular Assembly of this Government, but to their utmost be aiding and assisting to seize and deliver any Person or Persons in that way offending, and striking at the Root of this Commonwealth, to the Coun­cil of War; are to procede with the other two Classes of the Prerogative Tribe to election of the new Tribuns, being four annual Magistrats, wherof two are to be elected out of the Cavalry at the Horse Ʋrn, and two out of the Infantry at the Foot Ʋrn, according to the common Ballot of the Tribes. And they may be promiscuously chosen out of any Classis, provided that the same Person shall not be capable of bearing the Tribunitian Honor twice in the term of one Galaxy. The Tribuns thus chosen shall receive the Tribe (in reference to the Power of mustering and disciplining the same) as Com­manders in chief; and for the rest as Magistrats, whose proper Function is prescrib'd by the next Order. The Tribuns may give leave to any num­ber of the Prerogative, not exceding one hundred at a time, to be absent, so they be not Magistrats, nor Officers, and return within three months. If a Magistrat or Officer has a necessary occasion, he may also be absent for the space of one month; provided, that there be not above three Corners or Ensigns, two Captains, or one Tribun so absent at one time.

TO this the ARCHON spoke at the Institution after this manner.

THE Elections, whether Annual or Triennial, being shewn by the twenty second, that which coms in the next place to be consider'd is

23. Order. The Constituti­on, Function, and manner of Proceding of the Prerogative. THE twenty third ORDER, shewing the Power, Function, and manner of Proceding 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 oblig'd 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 Senat to require obedience from the People, nor for the People to give obe­dience to the Senat in or by any Law that has not bin promulgated, or print­ed and publish'd for the space of six weeks; and afterwards propos'd by the Authority of the Senat to the Prerogative Tribe, and resolv'd by the major Vote of the same in the Affirmative. Nor shall the Senat have any power to levy War, Men, or Mony, 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 Senat and the People shall be in the Dictator, so qualify'd, and for such a term of time, as is according to that Constitution already prescrib'd. While a Law is in promulgation, the Cen­sors shall animadvert upon the Senat, and the Tribuns upon the People, that there be no laying of heads together, no Conventicles or canvassing to carry on or oppose any thing; but that all may be don in a free and open way.

FOR the latter part of the Power of the Prerogative, or that wherby they are the Supreme Judicatory of this Nation, and of the Provinces of the same, the cognizance of Crimes against the Majesty of the People, such as High Treason, as also of Peculat, 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 judg and determin the case; provided that if the Appeal be from any Court of Justice in this Nation or the Provinces, [Page 156] the Appellant shall first deposit a hundred Pounds 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 ly no Appeal to the People.

THE Proceding of the Prerogative in case of a Proposition, is to be thus order'd. The Magistrats, proposing by Authority of the Senat, shall rehearse the whole matter, and expound it to the People: which don, they shall put the whole together to the Suffrage, with three Boxes, the Negative, the Affirmative, and the Nonsincere: and the Suffrage be­ing return'd to the Tribuns, and number'd in the presence of the Pro­posers, if the major Vote be in the Nonsincere, the Proposers shall de­sist, and the Senat shall resume the Debate. If the major Vote be in the Negative, the Proposers shall desist, and the Senat 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 Nonsincere) by Clauses; and the Suffrages being taken and number'd by the Tribuns in the presence of the Proposers, shall be written and reported by the Tribuns to the Senat. And that which is propos'd by the Authority of the Senat, and consirm'd by the Command of the People, is the Law of Oceana.

THE Proceding of the Prerogative in a case of Judicature is to be thus order'd. The Tribuns 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 commenc'd; and if any one of them shall ac [...]ept of the same, it appertains to him to introduce it. A Cause being in­troduc'd, and the People muster'd or assembl'd for the decision of the same, the Tribuns 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. Ʋp­on the right hand shall stand a Seat, or large Pulpit assign'd to the Plaintif, or the Accuser; and, upon the left, another for the Defendent, each if they please with his Council. And the Tribuns (being attended upon such occa­sions with so many Ballotins, Secretarys, Doorkeepers, and Messengers of the Senat as shall be requisit) one of them shall turn up a Glass of the na­ture of an Hourglass, but such a one as is to be of an hour and a halfs run­ning; which being turn'd up, the Party or Council on the right hand may begin to speak to the People. If there be Papers to be read, or Witnesses to be examin'd, the Officer shall lay the Glass sideways till the Papers be read, and the Witnesses examin'd, 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 don in every respect for the Party on the left. And the Cause being thus heard, the Tribuns shall put the question to the Tribe with a white, a black, and a red Box (or Nonsincere) whether Guilty▪ or not Guilty. And if the Suffrage being taken, the major Vote be in the Nonsincere, the Cause shall be reheard upon the next juridical day following, and put to the question in the same manner. If the major Vote coms the second time in the Non­sincere, the Cause shall be heard again upon the third day: but at the third hearing the question shall be put without the Nonsincere. Ʋpon the first of the three days in which the major Vote coms in the white Box, the Par­ty accus'd is absolv'd; and upon the first of them in which it coms in the black Box, the Party accus'd is condemn'd. The Party accus'd being con­demn'd, the Tribuns (if the case be criminal) shall put with the white and [Page 157] 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 sin'd so much, or so much.
• 3. WHETHER he shall be consiscated.
• 4. WHETHER he shall be render'd incapable of Magistracy.
• 5. WHETHER he shall be banish'd.
• 6. WHETHER he shall be put to death.

THESE, or any three of these Questions, whether simple or such as shall be thought sitly mix'd, being put by the Tribuns, that which has most above half the Voies in the black Box is the Sentence of the People, which the Troop of the third Classis is to see executed accordingly.

BƲT wheras by the Constitution of this Commonwealth it may appear that neither the Propositions of the Senat, nor the Judicature of the Peo­ple, will be so frequent as to hold the Prerogative in continual imploy­ment; the Senat, 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 som Knight or Magistrat of the Senat, 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 Parlament resides in the Town; or in som Grove or sweet place in the sield, while the Parlament 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 som part of it, discourse therof to the People. An Ora­tion or Discourse of this nature, being afterward perus'd by the Council of State, may as they see cause be printed and publish'd.

THE ARCHON'S Comment upon the Order I find to have bin of this sense.

THERE remains no more relating to the Senat and the People than

24. Order. Constitution of the provincial part of the Se­nat and the People. THE twenty fourth ORDER, wherby it is lawful for the Pro­vince of Marpesia to have 30 Knights of their own election continually present in the Senat of Oceana, together with 60 Deputys of Horse, and 120 of Foot in the Prerogative Tribe, indu'd with equal Power (respect [Page 161] 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 10 Knights, 20 Deputys of the Horse, and 40 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 compar'd to that of the Moon, either in consideration of the Light borrow'd from the Senat, as from the Sun; or of the ebs and floods of the People, which are mark'd by the Negative or Affirmative of this Tribe. And the Constitution of the Senat and the People be­ing Constitution of the Parlament.shewn, you have that of the Parlament of Oceana, consisting of the Senat proposing, and of the People resolving; which amounts to an Act of Parlament. So the Parlament is the Heart, which, consist­ing of two Ventricles, the one greater and replenish'd 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. Wherfore 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 it self 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 steddiness by motion? than which God has ordain'd no other to the universal Commonwealth of Mankind: seeing one Genera­tion coms, and another gos, but the Earth remains firm for ever; that is, in her proper Situation or Place, whether she be mov'd or not mov'd up­on her proper Center. The Senat, the People, and the Magistracy, or the Parlament so constituted, as you have seen, is the Guardian of this Commonwealth, and the Husband of such a Wife as is elegantly de­scrib'd by SOLOMON. She is like the Merchant's Ship; she brings her Prov. 31. Food from far. She considers a Field, and buys it: With the fruit of her hands she plants a Vineyard. She perceives that her Merchandize is good. She stretches forth her hands to the Poor. She is not afraid of the Snow for her Houshold; for all her Houshold are cloth'd with Scarlet. She makes her self 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 Senat of Israel. Nor is our Common­wealth a worse Houswife, or she has less regard to her Magistrats; as may appear by

25. Order. THE twenty fifth ORDER: That, wheras the public Revenue is thro the late Civil Wars dilapidated, the Excise, being improv'd or im­provable to the Revenue of one Million, be apply'd for the space of eleven years to com, to the reparation of the same, and for the present maintenance of the Magistrats, Knights, Deputys, and other Officers, who according to their several Dignitys and Functions, shall annually receive towards the Support of the same, as follows.

[Page 162] THE Lord Strategus Marching, is, upon another account, to have Field Pay as General.

OƲT of the personal Estates of every man, who at his Death bequeaths not above forty shillings to the Muster of that Hundred wherin it lys, shall be levy'd one per cent. till the solid Revenue of the Muster of the Hun­dred amounts to 50 l. per annum for the Prizes of the Youth.

THE twelve Ballotins are to be divided into three Regions, according to the course of the Senat; 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 Ʋrn set by the Serjeant 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 chang'd at the Election of the Strategus according to his phansy. But every Knight during his Session shall be bound to give to his Footman, or som one of his Footmen, the Livery of the Commonwealth.

THE Dignity of the Commonwealth, and Aids of the several Magistra­cys and Offices therto belonging, being provided for as aforesaid, the Overplus of the Excise, with the Product of the Sum rising, shall be carefully ma­nag'd by the Senat and the People thro the diligence of the Officers of the Ex­chequer, till it amounts to eight Millions, or to the purchase of about four hundred thousand Pounds solid Revenue. At which time, the term of e­leven years being expir'd, the Excise, except it be otherwise order'd by the Senat and the People, shall be totally remitted and abolish'd for ever.

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; tho the Advantages then were no ways comparable to the Con­sequences to be hereafter shewn. Nevertheless, my Lord EPIMO­NUS, who with much ado had bin held till now, found it midsummer Moon, and broke out of Bedlam in this manner.

MY Lord ARCHON, whose meekness resembl'd that of MOSES, vouchsaf'd this Answer.

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 shewn; I should now com from the El­ders to the Youth, or from the Civil Constitution of this Government to the Military, but that I judg this the fittest place wherinto, by the way, to insert the Government of the City, tho for the present but perfunctorily.

The Govern­ment of Em­porium. THE Metropolis or Capital City of Oceana is commonly call'd Empo­rium, tho it consists of two Citys distinct, as well in Name as in Govern­ment, wherof the other is call'd Hiera: For which cause I shall treat of each apart, beginning with Emporium.

The City-Tribes and Wards. EMPORIUM with the Libertys is under a twofold Division, the one regarding the National, and the other the Ʋrban or City Government. It is divided, in regard of the National Government, into three Tribes, and in respect of the Ʋrban into twenty six, which for distinction sake are call'd Wards, being contain'd under the three Tribes but inequally: Wherfore the first Tribe containing ten Wards is call'd 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.

Wardmote. EVERY Ward has her Wardmote, Court, or Inquest, consisting of all that are of the Clothing or Liverys of Companys residing within the same.

The Liverys. SƲCH are of the Livery or Clothing as have attain'd to the dignity to wear Gowns and particolor'd Hoods or Tippets, according to the Rules and antient Customs of their respective Companys.

The Compa­nys. A COMPANY is a Brotherhood of Tradesmen professing the same Art, govern'd according to their Charter by a Master and Wardens. Of these there be about sixty, wherof twelve are of greater dignity than the rest, that is to say, the Mercers, Grocers, Drapers, Fishmongers, Gold­smiths, Skinners, Merchant-Taylors, Haberdashers, Salters, Ironmon­gers, Vintners, Clothworkers; which, with most of the rest, have common CommonHalls.Halls, divers of them being of antient and magnificent Structure, wherin they have frequent meetings at the Summons of their Masters or Wardens, for the managing and regulation of their respective Trades and Mysterys. These Companys, as I shall shew, are the Roots of the whole Government of the City. For the Liverys that reside in the same Ward, meeting at the Wardmote Inquest (to which it belongs to take cognizance of all sorts of Nusances, 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 Magistrats or Officers; the first of Elders or Aldermen of the Ward, the second of Deputys of the same, otherwise call'd Com­mon Council men.

Election of Al­dermen, and of the Common Council men. THE Wards in these Elections, because they do not elect all at once, but som one year, and som another, observe the distinction of the three Tribes; for example, the Scazon consisting of ten Wards, makes e­lection the first Year of ten Aldermens▪ one in each Ward, and of one hundred and fifty Deputys, fifteen in each Ward▪ all which are Triennial [Page 170] Magistrats 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 a hundred and twenty Deputys, fif­teen in each Ward; being also Triennial Magistrats.

THE third Year Telicouta, consisting of a like number of Wards, elects an equal number of like Magistrats 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 Deputys, to three hundred and ninety.

The Court of Aldermen. THE Aldermen thus elected have divers Capacitys: 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 wherby he was elected. And last of all, these Magistrats being assembled together, constitute the Senat of the City, otherwise call'd the Court of Aldermen: but no man is capable of this Election that is not worth ten thousand Pounds. This Court upon every new Election, makes choice of nine Censors out of their own number.

The Common Council. THE Deputys in like manner being assembled together, constitute the Prerogative Tribe of the City, otherwise call'd the Common Council: by which means the Senat 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.

The Common Hall. BƲT the Liverys, over and above the right of these Elections by their Divisions mention'd, being assembled all together at the Guild of the City, constitute another Assembly call'd the Common Hall.

The Election of the Lord Mayor and Sherifs. THE Common Hall has the right of two other Elections; the one of the Lord Mayor, and the other of the two Sherifs, being annual Magi­strats. The Lord Mayor can be elected out of no other than one of the twelve Companys 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 Aldermen, they elect one by their Scrutiny; for so they call it, tho it differs from that of the Com­monwealth. The Orator or Assistant to the Lord Mayor in holding of his Courts, is som able Lawyer elected by the Court of Aldermen, and call'd the Recorder of Emporium.

THE Lord Mayor being thus elected, has two Capacitys; 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 wherinto the City is divided; one of which he is to bring up in Person at the National Muster to the Bal­lot, as his Vicecomites, or High Sherifs, are to do by the other two, each at their distinct Pavilion, where the nine Aldermen, elected Censors, are to officiat 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 call'd the Prime Magnitude.

Som Conveni­ences in this Alteration. THE Conveniences of this Alteration of the City Government, besides the bent of it to a conformity with that of the Nation, were many, wherof I shall mention but a few: As first, wheras men under the former admi­nistration, [Page 171] when the burden of som of these Magistracys lay for life, were oftentimes chosen not for their fitness, but rather unfitness, or at least un­willingness to undergo such a weight, wherby 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 privat Affairs. Secondly, Wheras the City (inasmuch as the Acts of the Aristocracy, or Court of Aldermen, in their former way of proceding, were rather Impositions than Propositions) was frequently disquieted with the inevitable consequence of disorder in the power of Debate exercis'd by the popular Part, or Common Council; the right of Debate being henceforth establish'd in the Court of Aldermen, and that of Result in the Common Council, kill'd the branches of Division in the Root. Which for the pre­sent may suffice to have bin said of the City of Emporium.

The Govern­ment of Hiera. THAT of HIERA consists as to the National Government of two Tribes, the first call'd Agoraea, the second Propola: But as to the pecu­liar Policy, of twelve Manipuls, or Wards divided into three Cohorts, each Cohort containing four Wards; wherof 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 Magistrats: by which the twelve Burgesses, making one Court for The Court.the Government of this City, according to their Instructions by Act of Par­liament, fall likewise into an Annual, Triennial, and perpetual Revolution.

The High Steward. THIS Court being thus constituted, makes election of divers Magi­strats; As first of a High Steward, who is commonly som Person of Quality, and this Magistracy is elected in the Senat by the Scrutiny of this Court; with him they chuse som 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, wher­of 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 Ʋrns: 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 perform'd by the Ballot, and according to the respective Rules already given.

THERE be other Citys and Corporations throout 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 part 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 the 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 rais'd by the Magic of Nature; if she dos not stand safe, and so that she may set him to som 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 wherby she sets them [...] [Page 170] [...] [Page 171] [Page 172] to it, is EDUCATION, the plastic art of Government. But it is as frequent as sad in experience (whether thro negligence, or, which in the consequence is all one or vvorse, oversondness in the domestic performance of this Duty) that innumerable Children com to ow their utter Perdition to their own Parents; in each of which the Com­monwealth loses a Citizen. Wherfore the Laws of a Government, how vvholsom 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 loath and detest. The Education therfore of a Man's own Children is not vvholly to be commited or trusted to himself. You find in ^*LIVY the Children of BRUTUS having bin bred under Monarchy, and us'd to a Court life, making faces at the Common­vvealth 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 Enemys. 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 vvantons! SCIPIO on the other side, vvhen he vvas but a Boy (about two or three and twenty) being inform'd that certain Patricians or Roman Gentlemen, thro a qualm upon the defeat which HANNIBAL had given them at Cannae, vvere laying their heads together and contriving their Flight vvith the transportation of their Goods out of Rome, drevv his Sword, and setting himself at the door of the Chamber vvhere they vvere at Council, protested, That who did not immediatly 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 vvorld shall never see any Man so sottish or vvicked 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, tho 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 bin the constant practice of well order'd Commonwealths to commit the care and feeling of it to public Magistrats. A duty that was perform'd in such a man­ner by the Areopagits, as is elegantly prais'd by ISOCRATES. The Athenians, says he, write not their Laws upon dead Walls, nor con­tent themselves with having ordain'd 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 concern'd the Administration of the Com­monwealth, lest you should think he contradicts XENOPHON and POLYBIUS. The Children of Lacedemon, at the seventh year of their age, were deliver'd to the Paedonomi, or Schoolmasters, not mer­cenary, but Magistrats of the Commonwealth, to which they were accountable for their charge: and by these at the age of fourteen they were presented to other Magistrats call'd the Beidiaei, having the in­spection [Page 173] of the Games and Exercises, among which that of the Pla­tanis [...]a was famous, a kind of Fight in Squadrons, but somwhat too sierce. When they came to be of military age, they were listed of the Mora, and so continu'd in readiness for public Service under the Disci­plin of the Polemarchs. But the Roman Education and Disciplin by the Centurys 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

26. Order. 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 wheras there be Free Schools erected and indow'd, or to be erected and indow'd 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 govern'd by the strict inspection of the Censors of the Tribes, both upon the Schoolmasters 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 som 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 dispose 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 som Trade or otherwise, or to further study, as by sending them to the Ins of Court, of Chancery, or to one of the Ʋniversitys of this Nation. But he that takes not upon him one of the Professions proper to som of those places, shall not continue longer in any of them than till he has attain'd 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 Phylarch, being satisfy'd 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 com in. And if any Youth or other Person of this Nation have a desire to travel into foren Countrys upon occasion of business, delight, or further improvement of his Education; the same shall be lawful for him upon a Pass obtain'd from the Censors in Parlament, putting a convenient limit to the time, and recom­mending him to the Embassadors 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 Countrys, or som one of the Countrys where he has bin; and if it be good, the Censors shall cause it to be printed and publish'd, prefixing a Line in commendation of the Author.

EVERY Wednesday next insuing 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 [Page 174] repair at the sound of the Bell to their respective Church, and being there assembl'd in presence of the Overseers, who are to govern the Ballot, and the Constable who is to officiat at the Ʋrn, shall, after the manner of the Elders, elect every fifth Man of their whole number (provided that they chuse 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 enter'd in the Parish Book, and diligently preserv'd as a Record, call'd 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 bin one year of this List, is not capable of being reelected till after ano­ther year's interval.

EVERY Wednesday next insuing the last of January, the Stratiots being muster'd at the Rendevouz of their respective Hundred, shall in the presence of the Jurymen, who are Overseers of that Ballot, and of the High Constable who is to officiat at the Ʋrn, 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 enter'd the List of the Hundred into a Record to be diligently kept at the Rendevouz of the same; the first public Game of this Commonwealth shall begin and be perform'd in this manner. Wheras there is to be at every Rendevouz of a Hundred one Cannon, Culverin, or Saker; the prize Arms being forg'd by sworn Armorers of this Commonwealth, and for their proof, besides their Beauty, view'd and try'd at the Tower of Emporium, shall be expos'd 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 Horsman that gains the Prize at the Career, one sute of Arms being of the value of twen­ty Pounds; to the Pikeman that gains the Prize at throwing the Bullet, one sute of Arms of the value of ten Pounds; to the Musketeer that gains the Prize at the Mark with his Musket, one sute of Arms of the value of ten Pounds; and to the Cannoneer that gains the Prize at the mark with the Cannon, Culverin, or Saker, a Chain of Silver being of the value of ten Pounds; 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 attain'd to two or more of them at the Games.

THE Games being ended, and the Muster dismist, 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 Duplicat of the same to the Custos Rotulorum, or Mustermaster 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 that the List is without subterfuge or evasion: or, if it be not, an account of those upon whom the Evasion or Subterfuge lys, to the end that the Phylarch or the Censors may animad­vert accordingly.

AND every Wednesday next insuing 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 Rendevouz 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 [Page 175] the parts of their military Disciplin according to the Orders of Parlament, or direction of the Council of War in that case. And the hundred Pounds allow'd by the Parlament 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 pre­par'd the Ʋrns by putting into the Horse Ʋrn 220 Gold Balls, wherof ten are to be mark'd with the letter M, and other ten with the letter P; into the Foot Ʋrn 700 Gold Balls, wherof 50 are to be mark'd with the letter M, and 50 with the letter P: and after they have made the Gold Balls in each Ʋrn, 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 Ʋrns, 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 mark'd, shall cause the Cryer to call the Alphabet, as first A; wherupon all they whose Gold Balls are not mark'd, and whose sirnames begin with the letter A, shall repair to a Clerc 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 inrol'd. And the Youth of this List being six hundred Foot in a Tribe, that is, 30000 Foot in all the Tribes; and two hundred Horse in a Tribe, that is, 10000 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 mark'd with M, amounting, by 20 Horse and 50 Foot in a Tribe, to 2500 Foot, and 500 Horse in all the Tribes; and they whose Balls are mark'd with P, in every point correspondent, are parts of the third Essay: they of 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 Parlament or the Dictator to march, the Lords Lieutenants (who have power to muster and disciplin 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 Rendevou 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 arm'd, 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 necessarys; 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 ship'd, or march'd out of their Tribes, the Lord Lieutenants shall reelect the second Essay out of the remaining part of the first; and the Senat another Strategus.

IF any Veteran or Veterans of this Nation, the term of whose Youth or Militia is expir'd, having a desire to be entertain'd in the further service of the Commonwealth, shall present him or themselves at the Rendevou of Oceana to the Strategus, it is in his power to take on such and so many of [Page 176] 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 Levys as they shall have made in either or both of the Provinces to that end, shall receive Auxiliarys by Sea or elswhere at som certain place, not ex­ceding his proper Arms in number.

AND whosoever shall refuse any one of his three Essays, except upon cause shewn he be dispens'd withal by the Phylarch; or, if the Phylarch be not assembled, by the Censors of his Tribe, shall be deem'd 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 com to the Ʋrn at one Election of the second Essay: and tho he has above two Sons, there shall not com above half the Brothers at one Election: and if a man has but one Son, he shall not com to the Ʋrn 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 foren Expeditions, will be prov'd and explain'd together with

27. Order. THE twenty seventh ORDER, providing, in case of Invasion ap­prehended, that the Lords High Sherifs of the Tribes upon Commands re­ceiv'd from the Parlament, 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 30000 Foot, and 10000 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 march'd out of their Tribes, the Lords High Sherifs and Lieutenants shall have the remaining part of the annual Bands both of Elders and Youth in readiness, which, if the Beacons be fir'd, shall march to the Rendevou to be in that case appoint­ed by the Parlament, or the Dictator. And the Beacons being fir'd, the Curiata Comitia, or Parochial Congregations, shall elect a fourth both of Elders and Youth to be immediatly 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 procede 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 Sherifs; to the end that the Commonwealth in her utmost pressure may shew her trust that God in his Justice will remember Mercy, by humbling her self, and yet preserving her Courage, Disciplin and Constancy, even to the last drop of her blood, and the utmost farthing.

THE Services perform'd 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 indure 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 Mony to be repaid upon the Certificat of the same by the Parlament when the Action shall be over. And of that which is respectively injoin'd by this Order, any Tribe, Parish, Magistrat, or Person that shall fail, is to answer for it at the Council of War, as a Deserter of his Country.

[Page 177] 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 Luster 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, tho the great­est part of his Beauty be contain'd in their Proportion or Symmetry, yet shewn without Flesh, are a spectacle that is rather horrid than en­tertaining; so without Discourses are the Orders of a Commonwealth: which, if she gos forth in that manner, may complain of her Friends that they stand mute, and staring upon her. Wherfore this Order was thus flesh'd by the Lord ARCHON.

THE remaining part, being the Constitution of the Provincial Orb, is partly Civil, or consisting of the Elders; and partly Military, or consisting of the Youth. The Civil part of the provincial Orb is directed by

28. Order. Constitution of the Civil part of the Provin­cial Orb. THE twenty eighth ORDER, wherby the Council of a Province being constituted of twelve Knights, divided by four into three Regions (for their term and revolution conformable to the Parlament) is perpetuated by the annual election at the Tropic of four Knights (being triennial [Page 190] Magistrats) out of the Region of the Senat whose term expires; and of one Knight out of the same Region to be Strategus or General of the Pro­vince, which Magistracy is annual. The Strategus or Magistrat thus chosen, shall be as well President of the Provincial Council with power to propose to the same, as General of the Army. The Council for the rest shall elect weekly Provosts, having any two of them also right to propose after the manner of the Senatorian Councils of Oceana. And wheras all Provincial Councils are Members of the Council of State, they may and ought to keep diligent correspondence with the same, which is to be don after this manner: Any Opinion or Opinions legitimatly propos'd and debated at a Provincial Council, being therupon sign'd by the Strategus, or any two of the Provosts, may be transmitted to the Council of State in Oceana; and the Council of State proceding upon the same in their natural course (whether by their own Power, if it be a matter within their Instructions, or by Authority of the Senat therupon consulted, if it be a matter of State which is not in their Instructions; or by Authority of the Senat and Command of the People, if it be a matter of Law, as for the Levys of Men or Mony upon common use and safety) shall return such Answers, Advice, or Orders, as in any of the ways mention'd shall be de­termin'd upon the case. The Provincial Councils of Marpesia and Pa­nopea respectively shall take special care that the Agrarian Laws, as also all other Laws that be or shall from time to time be enacted by the Parlament of Oceana, for either of them, be duly put in execution: they shall ma­nage and receive the Customs of either Nation for the Shipping of Oceana, being the common Guard: they shall have a care that moderat and sufficient pay upon the respective Province be duly rais'd for the support and mainte­nance of the Officers and Soldiers, or Army of the same, in the most effectu­al, constant and convenient way: they shall receive the Regalia, or public Revenues of those Nations, out of which every Counsillor shall have for his term, and to his proper use, the Sum of 500 l. per annum, and the Strategus 500 l. as President, besides his Pay as General, which shall be 1000 Pounds; the remainder to go to the use of the Knights and De­putys of the respective Provinces, to be paid, if it will reach, according to the rates of Oceana; if not, by an equal distribution, respectively; or the overplus, if there be any, to be return'd to the Treasury of Oceana. They shall manage the Lands (if there be any such held in either of the Provinces by the Commonwealth of Oceana, in Dominion) and return the Rents into the Exchequer. If the Commonwealth coms to be possest of richer Provinces, the Pay of the General or Strategus, and of the Councils, may be respectively increas'd. The People for the rest shall elect their own Magistrats, and be govern'd by their own Laws, having Power also to appeal from their native or provincial Magistrats, if they please, to the People of Oceana. And wheras there may be such as receiving In­jury, are not able to prosecute their Appeals at so great a distance, eight Serjeants at Law being sworn by the Commissioners of the Seal, shall be sent by four into each Province once in two years; who, dividing the same by Circuits, shall hear such Causes; and having gather'd and introduc'd them, shall return to the several Appellants, gratis, the Determinations and De­crees of the People in their several cases.

THE term of a Knight in a Provincial Orb, as to domestic Magi­stracys, shall be esteemed a Vacation, and no bar to present Election to any other Honor, his provincial Magistracy being expir'd.

[Page 191] THE Quorum of a Provincial Council, as also of every other Coun­cil or Assembly in Oceana, shall in time of health consist of two parts in three of the whole number proper to that Council or Assembly; and in a time of sickness, of one part in three: But of the Senat there can be no Quo­rum without three of the Signory; nor of a Council without two of the Provosts.

THE Civil part of the Provincial Orb being declar'd by the fore­going Order; the Military part of the same is constituted by

29. Order. Constitution of the Military part of the Pro­vincial Orb. THE twenty ninth ORDER; wherby the Stratiots of the third Essay having drawn the Gold Balls mark'd with the Letter M, and being ten Horse and fifty Foot in a Tribe, that is to say, five hundred Horse, and two thousand five hundred Foot in all, the Tribes shall be deliver'd by the respective Conductors to the provincial Strategus or General, at such a time and place, or Rendevous, as he shall appoint by Order and Certificat of his Election: and the Strategus having receiv'd the Horse and Foot men­tion'd, which are the third Classis of his provincial Guard or Army, shall forthwith lead them away, to Marpesia, where the Army consists of three Classes, each Classis containing three thousand men, wherof five hundred are Horse; and receiving the new Strategus with the third Classis, the old Strategus with the first Classis shall be dismist by the Provincial Council. The same method with the Stratiots of the letter P, is to be observ'd for the provincial Orb of Panopea: and the Commonwealth coming to acquire new Provinces, the Senat and the People may erect new Orbs in like manner, consisting of greater or less numbers, according as is requir'd by the re­spective occasion. If a Stratiot has once serv'd his term in a Provincial Orb, and happens afterwards to draw the Letter of a Province at the Elec­tion of the second Essay, he may refuse his Lot; and if he refuses it, the Censor of that Ʋrn shall cause the Files balloting at the same to make a halt; and if the Stratiot produces the Certificat of his Strategus or Gene­ral, that he has serv'd his time accordingly, the Censor throwing the Ball that he drew into the Ʋrn again, and taking out a Blank, shall dismiss the Youth, and cause the Ballot to procede.

TO perfect the whole Structure of this Commonwealth, som Di­rections are given to the third Essay, or Army marching, in

30. Order. THE thirtieth ORDER. When thou goest to battel against thy Enemys, and seest Horses and Chariots, and a People more than thou; Deut. 20. 1. be not afraid of them, for the Lord thy God is he that gos with thee to fight for thee against thy Enemys. And when thou dividest the Spoil, it shall be as a Statute and an Ordinance to thee, that as his 1 Sam. 30. 24. part is that gos down to the battel, so shall his part be that tarrys by the Stuff: that is, (as to the Commonwealth of Oceana) The Spoil taken of the Enemy (except Clothes, Arms, Horses, Ammunition and Victuals, to be divided to the Soldiery by the Strategus and the Polemarchs upon the place according to their discretion) shall be deliver'd to four Commissarys of the Spoils elected and sworn by the Council of War; which Commissa­rys shall be allowed Shipping by the State, and Convoys according as occa­sion shall require by the Strategus; to the end that having a Bill of Lading sign'd by three or more of the Polemarchs, they may ship and bring, or cause such Spoils to be brought to the Prize-Office in Oceana, where they shall [Page 192] be sold; and the Profit arising by such Spoils shall be divided into three parts, wherof one shall go to the Treasury, another shall be paid to the Soldiery of this Nation, and a third to the Auxiliarys at their return from their Service, provided that the said Auxiliarys be equal in number to the proper Forces of this Nation, otherwise their Share shall be so much less as they themselves are fewer in number: the rest of the two thirds to go to the Officers and Soldiers of the proper Forces. And the Spoils so di­vided to the proper Forces, shall be subdivided into three equal parts, wherof one shall go to the Officers, and two to the common Soldiers: The like for the Auxiliarys. And the Share allotted to the Officers shall be di­vided into four equal parts, wherof one shall go to the Strategus, another to the Polemarchs, a third to the Colonels, and a fourth to the Captains, Cornets, Ensigns, and under Officers, receiving their share of the Spoil as common Soldiers: The like for the Auxiliarys. And this upon pain, in the case of failure, of what the People of Oceana (to whom the Cogni­zance of Peculat or Crimes of this nature is properly appertaining) shall adjudg or decree.

UPON these three last Orders the ARCHON seem'd to be ha­ranguing at the head of his Army in this manner.

PHILADELPHUS the Secretary of the Council having per­form'd his task in reading the several Orders as you have seen, upon the receit of a Packet from his Correspondent BOCCALINI, Secretary of Parnassus, in reading one of the Letters, burst forth into such a violent passion of weeping and downright howling, that the Legisla­tors being startled with the apprehension of som horrid news; one of them had no sooner snatch'd the Letter out of his hand, than the rest crying, Read, Read, he obey'd in this manner.

THE 3d instant his Phoebean Majesty having taken the nature of Free States into his Royal consideration, and being steddily perswaded that the Laws in such Governments are incomparably better and more surely directed to the good of Mankind than in any other; that the Courage of such a Trajano Boc­calini, Centu­ria 1. Raggual. 21.People is the aptest tinder to noble fire; that the Genius of such a Soil is that wherin the roots of good Literature are least worm-eaten with Pedan­tism, and where their Fruits have ever com to the greatest maturity and highest relish; conceiv'd such a loathing of their Ambition and Tyranny, who, usurping the liberty of their native Countrys, becom slaves to them­selves, inasmuch as (be it never so contrary to their own Nature or Con­sciences) they have taken the earnest of Sin, and are ingag'd to persecute all Men that are good with the same or greater rigor than is ordain'd by Laws for the wicked: For Nemo unquam imperium flagitio quaesitum bonis artibus exercuit. none ever administer'd that Power by good, which he purchas'd by ill Arts: PHOEBUS, I say, having con­sider'd this, assembl'd all the Senators residing in the learned Court at the Theater of MELPOMENE, where he caus'd CAESAR the Dictator to com upon the stage, and his Sister ACTIA, his Nephew AUGUSTUS, JULIA his Daughter, with the Children which she had by MARCUS AGRIPPA, LUCIUS and CAIUS CAESARS, AGRIPPA POST­HUMUS, JULIA, and AGRIPPINA, with the numerous Progeny which she bore to her renown'd Husband GERMANICUS, to enter. A miserable Scene in any, but most deplorable in the eys of CAESAR, thus beholding what havock his prodigious Ambition, not satisfy'd with his own bloody Ghost, had made upon his more innocent Remains, even to the total extinction of his Family. For it is (seeing where there is any humanity, there must be som compassion) not to be spoken without tears, that of the [Page 209] full branches deriving from OCTAVIA the elder Sister, and JULIA the Daughter of AUGUSTUS, there should not be one fruit or blossom that was not cut off or blasted by the Sword, Famin, or Poison. Now might the great Soul of CAESAR have bin full; and yet that which pour'd in as much or more, was to behold that execrable race of the CLAUDII, having hunted and suck'd his Blood with the thirst of Tigers, to be re­warded with the Roman Empire, and remain in full possession of that fa­mous Patrimony: a Spectacle to pollute the Light of Heaven! Neverthe­less as if CAESAR had not yet enough, his Phoebean Majesty caus'd to be introduc'd on the other side of the Theater, the most illustrious and happy Prince ANDREA DORIA, with his dear Posterity, imbrac'd by the soft and constant arms of the City of Genoa, into whose bosom, ever fruitful in her gratitude, he had dropt her fair LIBERTY like the dew of Hea­ven; which when the Roman Tyrant beheld, and how much more fresh that Laurel was worn with a firm root in the Hearts of the People, than that which he had torn off, he fell into such a horrid distortion of limbs and countenance, that the Senators who had thought themselves steel and flint at such an object, having hitherto stood in their reverend snowlike thawing Alps, now cover'd their faces with their large sleeves.

WHICH said, he adjourn'd the Council. And the Model was soon after promulgated. Quod bonum, foelix, faustumque sit huic Rei­publicae. Agite Quirites, censuere Patres, jubeat Populus: The Sea roar'd, and the Floods clapt their hands.

I SHOULD now write the same Council of the Prytans, but for two reasons; the one, that having had but a small time for that which is already don, I am overlabor'd; the other, that there may be new Objections. Wherfore if my Reader has any such as to the Model, I intreat him to address himself by way of Oration, as it were, to the Prytans, that when this rough draught coms to be a work, his Speech being faithfully inserted in this place, may give, or receive correction to amendment: For what is written will be weigh'd. But Conversa­tion, in these days, is a game, at which they are best provided that have light Gold: It is like the sport of Women that make Flowers of straws, which must be stuck up, but may not be touch'd. Nor, which is worse, is this the fault of Conversation only: But to the Examiner, Arist. Rhet.I say, If to invent method, and to teach an art, be all one, let him shew that this Method is not truly invented, or this Art is faithfully taught.

I CANNOT conclude a Circle (and such is this Common­wealth) without turning the end into the beginning. The time of Promulgation being expir'd, the Surveyors were sent down, who having in due season made report that their work was perfect, the Orators follow'd; under the administration of which Officers and Magistrats the Commonwealth was ratify'd and establish'd by the whole body of the People, in their ^*Parochial, Hundred, and County Assemblys. And the Orators being, by virtue of their Scrols or Lots, Members of their respective Tribes, were elected each the first Knight of the third List, or Galaxy: wherfore having at their return assisted the ARCHON in putting the Senat, and the People or Prerogative into motion, they abdicated the Magistracy both of Orators and Legislators.

The COROLLARY.

FOR the rest (says PLUTARCH, closing up the story of LY­CURGUS) when he saw that his Government had taken root, and was in the very Plantation strong enough to stand by it self, he conceiv'd such a delight within him, as GOD is describ'd by PLATO to have don when he had finish'd the Creation of the World, and saw his own Orbs move below him: For in the Art of Man (being the imitation of Nature, which is the Hobbs.Art of GOD) there is nothing so like the first call of beautiful Order out of Chaos and Confusion, as the Architecture of a welorder'd Commonwealth. Wherfore LYCURGUS seeing in effect, that his Orders were good, fell into deep Contemplation how he might render them, so far as could be effected by human Providence, inalterable and immortal. To which end he assembl'd the People, and remonstrated to them, That for ought he could perceive, their Policy was already such, and so well establish'd, as was sufficient to intail upon them and theirs all that Virtue and Felicity wherof human Life is capable: Never­theless that there being another thing of greater concern than all the rest, wherof he was not yet provided to give them a perfect account, nor could, till he had consulted the Oracle of APOLLO, he desir'd that they would observe his Laws without any change or alteration whatsoever, till his return from Delphos; to which all the People chearfully and unanimously ingag'd themselves by pro­mise, desiring him that he would make as much hast as he could. But LYCURGUS before he went, began with the Kings and the Se­nators, and thence taking the whole People in order, made them all swear to that which they had promis'd, and then took his Journy. Being arriv'd at Delphos, he sacrific'd to APOLLO, and afterwards inquir'd if the Policy which he had establish'd, was good and suffi­cient for a virtuous and a happy Life? By the way, it has bin a Maxim with Legislators not to give checks to the present Superstition, but to make the best use of it, as that which is always the most powerful with the People; otherwise tho PLUTARCH being a Priest, was interested in the cause, there is nothing plainer than CICERO in his Book De Divinatione has made it, that there was never any such thing as an Oracle, except in the cunning of the Priests. But to be civil to the Author, The God answer'd to LYCURGUS, that his Policy was exquisit, and that his City, holding to the strict observation of his form of Government, should attain to the height of fame and glory. Which Oracle LYCURGUS causing to be written, fail'd not of transmitting to his Lacedemon. This don, that his Citizens might be for ever invi­olably bound by their Oath, that they would alter nothing till his re­turn, he took so firm a resolution to dy in the place, that from thence­forward receiving no manner of Food, he soon after perform'd it ac­cordingly. Nor was he deceiv'd in the consequence; for his City be­came the first in glory and excellency of Government in the whole World. And so much for LYCURGUS according to PLUTARCH.

[Page 212] MY Lord ARCHON when he beheld not only the rapture of motion, but of joy and harmony, into which his Spheres (without any manner of obstruction or interfering, but as if it had bin naturally) were cast, conceiv'd not less of exultation in his Spirit; but saw no more necessity or reason why he should administer an Oath to the Senat and the People that they would observe his Institutions, than to a Man in perfect health and felicity of Constitution, that he would not kill himself. Nevertheless wheras Christianity, tho it forbids violent hands, consists no less in selfdenial than any other Religion, he re­solv'd that all unreasonable Desires should dy upon the spot; to which end that no manner of food might be left to Ambition, he enter'd into the Senat with a unanimous Applause, and having spoken of his Go­vernment as LYCURGUS did when he assembl'd the People, he abdi­cated the Magistracy of ARCHON. The Senat, as struck with asto­nishment, continu'd silent; Men upon so sudden an Accident being al­together unprovided of what to say; till the ARCHON withdraw­ing, and being almost at the door, divers of the Knights flew from their Places, offering as it were to lay violent hands on him, while he escaping left the Senat with the tears in their Eys of Children that had lost their Father; and to rid himself of all farther importunity, retir'd to a Country House of his, being remote, and very privat, in so much that no man could tell for som time what was becom of him. Thus the Lawmaker happen'd to be the first object and reflection of the Law made: For as Liberty of all things is the most welcom to a Peo­ple, Never Ingrati­tude, but to [...] much Love, the constant fault of the People.so is there nothing more abhorrent from their nature than Ingra­titude. We, accusing the Roman People of this Crime against som of their greatest Benefactors, as CAMILLUS, heap mistake upon mistake; for being not so competent Judges of what belongs to Li­berty as they were, we take upon us to be more competent Judges of Virtue. And wheras Virtue, for being a vulgar thing among them, was of no less rate than Jewels are with such as wear the most; we are selling this precious Stone, which we have ignorantly rak'd out of the Roman ruins, at such a rate as the Switzers did that which they took in the Baggage of CHARLES of Burgundy. For that CAMILLUS had stood more firm against the ruin of Rome than her Capitol, was acknowleg'd; but on the other side that he stood as firm for the Patricians against the Liberty of the People, was as plain: wherfore he never wanted those of the People that would dy at his foot in the Field, nor that would withstand him to his beard in the City. An example in which they that think CAMILLUS had wrong, neither do themselves right, nor the People of Rome; who in this signify no less than that they had a scorn of Slavery beyond the sear of Ruin, which is the height of Magnanimity. The like might be shewn by other examples objected against this, and other Popular Governments, as in the Banishment of ARISTIDES the Just from Athens, by the Ostracism, which, first, was no punishment, nor ever understood for so much as a disparagement; but tended only to the Security of the Commonwealth, thro the removal of a Citizen (whose Riches or Power with a Party was suspected) out of harms way for the space of ten years, neither to the diminution of his Estate or Honor. And next, tho the virtue of ARISTIDES might in it self be unquestion'd, yet for him under the name of the Just to becom Universal Umpire of the People in all cases, even to the neglect of the [Page 213] legal ways and orders of the Commonwealth, approach'd so much to the Prince, that the Athenians, doing ARISTIDES no wrong, did their Government no more than right in removing him; which therfore is not so probable to have com to pass, as PLUTARCH presumes, thro the envy of THEMISTOCLES, seeing ARISTI­DES was far more popular than THEMISTOCLES, who soon after took the same walk upon a worse occasion. Wherfore as MACCHI­AVEL, for any thing since alleg'd, has irrefragably prov'd that Po­pular Governments are of all others the least ingrateful; so the ob­scurity, I say, into which my Lord ARCHON had now withdrawn himself, caus'd a universal sadness and cloud in the minds of Men upon the glory of his rising Commonwealth.

MUCH had bin ventilated in privat discourse, and the People (for the Nation was yet divided into Partys that had not lost their animositys) being troubl'd, bent their eys upon the Senat, when, after som time spent in devotion, and the solemn action of Thanksgiving, his Excellency NAVARCHUS DE PARALO in the Tribe of Do­rean, Lord Strategus of Oceana (tho in a new Commonwealth a very prudent Magistrat) propos'd his part or opinion in such a manner to the Council of State, that passing the Ballot of the same with great unanimity and applause, it was introduc'd into the Senat, where it past with greater. Wherfore the Decree being forthwith printed and publish'd, Copys were return'd by the Secretarys to the Phylarchs (which is the manner of Promulgation) and the Commissioners of the Seal, that is to say, the Right Honorable PHOSPHORUS DE AUGE in the Tribe of Eudia, DOLABELLA D' ENYO in the Tribe of Tur­mae, and LINCEUS DE STELLA in the Tribe of Nubia, being elected Proposers pro tempore, bespoke of the Tribuns a Muster of the People to be held that day six weeks, which was the time allow'd for Promulgation at the Halo.

THE Satisfaction which the People throout the Tribes receiv'd upon promulgation of the Decree, loaded the Carriers with weekly Letters between Friend and Friend, whether Magistrats or privat Persons. But the day for Proposition being com, and the Prerogative upon the Place appointed in Disciplin, SANGUINE DE RING­WOOD in the Tribe of Saltum, Captain of the Phaenix, march'd by order of the Tribuns with his Troop to the Piazza of the Pantheon, where his Trumpets entering into the great Hall by their Blazon gave notice of his Arrival; at which the Serjeant of the House came down, and returning inform'd the Proposers, who descending were receiv'd at the foot of the Stairs by the Captain, and attended to the Coaches of State, with which CALCAR DE GILVO in the Tribe of Pha­lera Master of the Horse, and the Ballotins upon their great Horses, stood waiting at the Gate.

THE Proposers being in their Coaches, the Train for the Pomp, the same that is us'd at the reception of Embassadors, proceded in this order: In the Front march'd the Troop with the Cornet in the Van, and the Captain in the Rear: next the Troop came the twenty Messengers or Trumpets; the Ballotins upon the Curvet with their Usher in the Van, and the Master of the Horse in the Rear: Next the Ballotins, BRONCUS DE RAUCO in the Tribe of Bestia King of the Heralds, with his Fraternity in their Coats of Arms; and next to Sir BRONCHUS, BORISTHENES DE HOLIWATER in [Page 214] the Tribe of Ave, Master of the Ceremonys: The Mace and the Seal of the Chancery went immediatly before the Coaches; and on either side, the Doorkeepers or Guard of the Senat, with their Pole­axes, accompany'd with som three or four hundred Footmen belonging to the Knights or Senators; the Trumpeters, Ballotins, Guards, Po­stilions, Coachmen and Footmen, being very gallant in the Liverys of the Commonwealth; but all, except the Ballotins, without Hats, in lieu wherof they wore black velvet Calots, being pointed with a lit­tle peak at the forehead. After the Proposers came a long file of Coaches full of such Gentlemen as use to grace the Commonwealth upon the like occasions. In this posture they mov'd slowly thro the streets (affording in the gravity of the Pomp, and the welcomness of the end, a most reverend and acceptable Prospect to the People all the way from the Pantheon, being about half a mile) and arriv'd at the Halo, where they found the Prerogative in a close body inviron'd with Scaffolds that were cover'd with Spectators. The Tribuns receiv'd the Proposers, and conducted them into a Seat plac'd in the front of the Tribe, like a Pulpit, but that it was of som length, and well adorn'd by the Heralds with all manner of Birds and Beasts, except that they were ill painted, and never a one of his natural color. The Tribuns were plac'd at a Table that stood below the long Seat, those of the Horse in the middle, and those of the Foot at either end, with each of them a Boul or Bason before him, that on the right hand being white, and the other green: In the middle of the Table stood a third which was red. And the Housekeeper of the Pavilion, who had al­ready deliver'd a proportion of linen Balls or Pellets to every one of the Tribe, now presented Boxes to the Ballotins. But the Proposers as they enter'd the Gallery, or long Seat, having put off their Hats by way of Salutation, were answer'd by the People with a shout; wher­upon the younger Commissioners seated themselves at either end; and the first standing in the middle, spoke after this manner.

THE proposer having ended his Oration, the Trumpets sounded; and the Tribuns of the Horse being mounted to view the Ballot, caus'd the Tribe (which thronging up to the Speech, came almost round the Gallery) to retreat about twenty paces, when LINCEUS DE STELLA receiving the Propositions, repair'd with BRONCHUS DE RAUCO the Herald, to a little Scaffold erected in the middle of the Tribe, where he seated himself, the Herald standing bare upon his right hand. The Ballotins having their Boxes ready, stood before the Gallery, and at the command of the Tribuns march'd, one to eve­ry Troop on Horseback, and one to every Company on Foot; each of them being follow'd by other Children that bore red Boxes: now this is putting the Question, whether the Question should be put. And the Suffrage being very suddenly return'd to the Tribuns at the Table, and number'd in the view of the Proposers, the Votes were all in the Affirmative: wherupon the red or doubtful Boxes were laid aside, it appearing that the Tribe, whether for the Negative or Affirmative, was clear in the matter. Wherfore the Herald began from the Scaf­fold in the middle of the Tribe, to pronounce the first Proposition, and the Ballotins marching with the Negative and Affirmative only, BRONCHUS with his Voice like Thunder, continu'd to repeat the Proposition over and over again, so long as it was in Ballotting. The like was don for every Clause, till the Ballot was finish'd, and the Tribuns assembling, had sign'd the Points, that is to say, the number of every Suffrage, as it was taken by the Secretary upon the tale of the Tribuns, and in the sight of the Proposers; for this may not be omitted, it is the pulse of the People. Now wheras it appertains to the Tribuns to report the Suffrage of the People to the Senat, they cast the Lot for this Office with three silver Balls, and one gold one; and it fell upon the Right Worshipful ARGUS DE CROOKHORN in the Tribe of Pascua, first Tribun of the Foot. ARGUS being a good sufficient man in his own Country, was yet of the mind that he should make but a bad Spokesman; and therfore became somthing blank at his luck, till his Collegues perswaded him that it was no such great matter, if he could but read, having his Paper before him. The Pro­posers taking Coach, receiv'd a Volly upon the Field, and return'd in the same order, save that being accompany'd with the Tribuns, they were also attended by the whole Prerogative to the Piazza of the Pantheon, where with another Volly they took their leaves. ARGUS, who had not thought upon his Wife and Children all the way, went very gravely up: and every one being seated, the Senat by their si­lence seem'd to call for the Report; which ARGUS standing up, deli­ver'd in this wise.

ARGƲS came off beyond his own expectation; for thinking right, and speaking as he thought, it was apparent by the House, and the thanks they gave him, that they esteem'd him to be absolutely of the best sort of Orators; upon which having a mind that till then mis­gave him, he became very crounse, and much delighted with that which might go down the next week in print to his Wife and Neighbors. LIVY makes the Roman Tribuns to speak in the same stile with the Consuls, which could not be, and therfore for ought in him to the contrary, VOLERO and CANULEIUS might have spoken in no better stile than ARGUS. However, they were not created the first year of the Commonwealth; and the Tribuns of Oceana are since becom better Orators than were needful. But the Laws being enacted, had the Preamble annex'd, and were deliver'd to BRONCHUS, who lov'd nothing in the Earth so much as to go staring and bellowing up and down the Town, like a Stag in a Forest, as he now did, with his fraternity in their Coats of Arms, and I know not how many Trumpets, proclaiming the Act of Parlament; when meeting my Lord ARCHON, who from a retreat that was without Affectation, as being for Devotion only, and to implore a Blessing by Prayer and Fasting upon his Labors, now newly arriv'd in Town, the Herald of the Tribe of Bestia set up his throat, and having chanted out his Lesson, past as haughtily by him, as if his own had bin the better Office; which in this place was very well taken, tho BRONCHUS for his high mind happen'd afterwards upon som disasters, too long to tell, that spoil'd much of his Imbroidery.

MY Lord ARCHON'S Arrival being known, the Signory, ac­company'd by the Tribuns, repair'd to him, with the news he had already heard by the Herald; to which my Lord Strategus added, That his Highness could not doubt upon the Demonstrations given, but the minds of Men were firm in the opinion, that he could be no seeker of himself in the way of earthly Pomp and Glory: and that the Gratitude of the Senat, and the People, could not therfore be un­derstood to have any such reflection upon him. But so it was, that in regard of Dangers abroad, and Partys at home, they durst not trust themselves without a standing Army, nor a standing Army in any man's hands but those of his Highness.

THE ARCHON made answer, that he ever expected this would be the sense of the Senat and the People; and this being their sense, he should have bin sorry they had made choice of any other than him­self for a standing General: First, Because it could not have bin more to their own safety: And, Secondly, Because so long as they should have need of a standing Army, his work was not done: That he would not dispute against the Judgment of the Senat and the People, nor ought that to be. Nevertheless, he made little doubt but experience would shew every Party their own Interest in this Government, and that bet­ter improv'd than they could expect from any other; that Mens ani­mositys [Page 220] should overbalance their Interest for any time, was impossi­ble; that humor could never be lasting, nor, thro the Constitution of the Government, of any effect at the first charge. For supposing the worst, and that the People had chosen no other into the Senat and the Prerogative than Royalists, a matter of fourteen hundred men must have taken their Oaths at their Election, with an intention to go quite contrary, not only to their Oaths so taken, but to their own Interest; for being estated in the Soverain Power, they must have decreed it from themselves (such an example for which there was never any experience, nor can there be any reason) or holding it, it must have don in their hands as well every whit as in any other. Furthermore, they must have remov'd the Government from a Foun­dation that apparently would hold, to set it upon another which ap­parently would not hold; vvhich things if they could not com to pass, the Senat and the People consisting vvholly of Royalists, much less by a parcel of them elected. But if the fear of the Senat and of the Peo­ple deriv'd from a Party without, such a one as vvould not be elected, nor ingage themselves to the Commonwealth by an Oath; this again must be so large, as would go quite contrary to their own Interest, they being as free and as fully estated in their Liberty as any other, or so narrow that they could do no hurt, vvhile the People being in Arms, and at the beck of the Strategus, every Tribe vvould at any time make a better Army than such a Party; and there being no Partys at home, fears from abroad vvould vanish. But seeing it vvas otherwise determin'd by the Senat and the People, the best course vvas to take that which they held the safest, in vvhich vvith his humble thanks for their great bounty, he was resolv'd to serve them vvith all Duty and Obedience.

A VERY short time after the Royalists, now equal Citizens, made good the ARCHON'S Judgment, there being no other that found any thing near so great a sweet in the Government. For he who has not bin acquainted with Affliction, says SENECA, knows but half the things of this world.

MOREOVER they saw plainly, that to restore the antient Go­vernment, they must cast up their Estates into the hands of three hundred men; wherfore in case the Senat and the Prerogative, consisting of thirteen hundred men, had bin all Royalists, there must of ne­cessity have bin, and be for ever, one thousand against this or any such Vote. But the Senat being inform'd by the Signory, that the ARCHON had accepted of his Dignity and Office, caus'd a third Chair to be set for his Highness, between those of the Strategus and the Orator in the House, the like at every Council; to which he re­pair'd, not of necessity, but at his pleasure, being the best, and, as ARGUS not vainly said, the greatest Prince in the World: for in the Pomp of his Court he was not inferior to any, and in the Field he was follow'd with a Force that was formidable to all. Nor was there a cause in the nature of this Constitution to put him to the charge of Guards, to spoil his stomach or his sleep: Insomuch, as being hand­somly disputed by the Wits of the Academy, whether my Lord ARCHON, if he had bin ambitious, could have made himself so great, it was carry'd clear in the Negative; not only for the Reasons drawn from the present balance, which was Popular; but putting the case the balance had bin Monarchical. For there be som Nations, [Page 221] wherof this is one, that will bear a Prince in a Commonwealth far higher than it is possible for them to bear a Monarch. Spain look'd upon the Prince of Orange as her most formidable Enemy; but if ever there be a Monarch in Holland, he will be the Spaniards best friend. For wheras a Prince in a Commonwealth derives his Greatness from the root of the People, a Monarch derives his from one of those ba­lances which nip them in the root; by which means the Low Countrys under a Monarch were poor and inconsiderable, but in bearing a Prince could grow to a miraculous height, and give the Glory of his Actions by far the upper hand of the greatest King in Christendom. There are Kings in Europe, to whom a King of Oceana would be but a petit Companion. But the Prince of this Commonwealth is the Ter­ror and the Judg of them all.

THAT which my Lord ARCHON now minded most, was the Agrarian, upon which Debate he incessantly thrust the Senat and the Council of State; to the end it might be planted upon som firm root, as the main point and basis of perpetuity to the Commonwealth.

AND these are som of the most remarkable Passages that happen'd in the first year of this Government. About the latter end of the se­cond, the Army was disbanded, but the Taxes continu'd at thirty thousand Pounds a month, for three years and a half. By which means a piece of Artillery was planted, and a portion of Land to the value of 50 l. a year purchas'd for the maintenance of the Games, and of the Prize arms for ever, in each Hundred.

WITH the eleventh year of the Commonwealth, the term of the Excise, allotted for the maintenance of the Senat and the People, and for the raising of a public Revenue, expir'd. By which time the Exchequer, over and above the annual Salarys, amounting to three hundred thousand Pounds, accumulating every year out of one Million incom seven hundred thousand Pounds in Banco, brought it with a product of the Sum, rising to about eight Millions in the whole: wherby at several times they had purchas'd to the Senat and the Peo­ple four hundred thousand Pounds per annum solid Revenue; which, besides the Lands held in Panopea, together with the Perquisits of ei­ther Province, was held sufficient for a public Revenue. Nevertheless, Taxes being now wholly taken off, the Excise of no great burden (and many specious advantages not vainly propos'd in the heightning of the public Revenue) was very chearfully establish'd by the Senat and the People, for the term of ten years longer; and the same course being taken, the public Revenue was found in the one and twentieth of the Commonwealth, to be worth one Million in good Land. Wher­upon the Excise was so abolish'd for the present, as withal resolv'd to be the best, the most fruitful and easy way of raising Taxes, ac­cording to future Exigencys. But the Revenue being now such as was able to be a yearly Purchaser, gave a jealousy that by this means the balance of the Commonwealth, consisting in privat Fortunes, might be eaten out; whence this year is famous for that Law wherby the Senat and the People forbidding any further purchase of Lands to the Public within the Dominions of Oceana and the adjacent Provinces, put the Agrarian upon the Commonwealth her self. These Increases are things which Men, addicted to Monarchy, deride as impossible, wherby they unwarily urge a strong Argument against that which they would defend. For having their eys fix'd upon the Pomp and [Page 222] Expence, by which not only every Child of a King being a Prince, exhausts his Father's Coffers; but Favorits and servil Spirits, devoted to the flattery of those Princes, grow insolent and profuse, returning a fit Gratitude to their Masters, whom while they hold it honorable to deceive, they suck and keep eternally poor: It follows that they do not see how it should be possible for a Commonwealth to clothe her self in Purple, and thrive so strangely upon that which would make a Prince's hair grow thro his hood, and not afford him bread. As if it were a Miracle that a careless and prodigal Man should bring ten thousand Pounds a year to nothing, or that an industrious and frugal Man brings a little to ten thousand Pounds a year. But the fruit of one man's industry and frugality can never be like that of a Common­wealth; First, because the greatness of the Increase follows the great­ness of the Stock or Principal: And, Secondly, because a frugal Father is for the most part succeded by a lavish Son; wheras a Commonwealth is her own Heir.

THIS year a part was propos'd by the Right Honorable AU­REUS DE WOOLSACK in the Tribe of Pecus, first Commissioner of the Treasury, to the Council of State, which soon after past the Ballot of the Senat and the People: by which the Lands of the Public Revenue, amounting to one Million, were equally divided into five thousand Lots, enter'd by their names and parcels into a Lotbook pre­serv'd in the Exchequer. And if any Orphan, being a Maid, should cast her Estate into the Exchequer for fourteen hundred Pounds, the Treasury was bound by the Law to pay her quarterly two hundred Pounds a year, free from Taxes, for her Life, and to assign her a Lot for her Security: if she marry'd, her Husband was neither to take out the Principal without her consent (acknowleg'd by her self to one of the Commissioners of the Treasury, who according as he found it to be free, or forc'd, was to allow or disallow of it) nor any other way ingage it, than to her proper use. But if the Principal were taken out, the Treasury was not bound to repay any more of it than one thousand Pounds; nor might that be repaid at any time, save within the first year of her Marriage: the like was to be don by a half or quarter Lot respectively.

THIS was found to be a great Charity to the weaker Sex, and as som say, who are more skilful in the like Affairs than my self, of good Profit to the Commonwealth.

NOW began the native Spleen of Oceana to be much purg'd, and Men not to affect Sullenness and Pedantism. The Elders could re­member that they had bin Youth. Wit and Gallantry were so far from being thought Crimes in themselves, that care was taken to pre­serve their innocence. For which cause it was propos'd to the Coun­cil for Religion by the Right Honorable CADISCUS DE CLERO, in the Tribe of Stamnum, first Censor, That such Women as living in Gallantry and View about the Town, were of evil fame, and could not shew that they were maintain'd by their own Estates or Industry; or such as having Estates of their own, were yet wastful in their way of life, and of ill example to others, should be obnoxious to the animadversion of the Council of Religion, or of the Censors: In which the proceding should be after this manner. Notice should be first given of the scandal to the party offending, in privat: if there were no amendment within the space of six months, she should be [Page 223] summon'd and rebuk'd before the said Council or Censors; and, if af­ter other six months it were found that neither this avail'd, she should be censured not to appear at any public Meetings, Games, or Recrea­tions, upon penalty of being taken up by the Doorkeepers, or Guards of the Senat, and by them to be detain'd, till for every such Offence, five Pounds were duly paid for her inlargement.

FURTHERMORE, if any common Strumpet should be found, or any scurrility or profaneness represented at either of the Theaters, the Prelats for every such Offence should be fin'd twenty Pounds by the said Council, and the Poet, for every such offence on his part, should be whipt. This Law relates to another, which also was enacted the same year upon this occasion.

THE Youth and Wits of the Academy having put the Business so home in the defence of Comedys, that the Provosts had nothing but the Consequences provided against by the foregoing Law to object, prevail'd so far, that two of the Provosts of the Council of State join'd in a Proposition, which after much ado came to a Law, wher­by one hundred thousand pounds was allotted for the building of two Theaters on each side of the Piazza of the Halo: and two annual Ma­gistrats cal'd Prelats, chosen out of the Knights, were added to the Tropic, the one call'd the Prelat of the Buskin, for inspection of the Tragic Scene call'd Melpomene; and the other the Prelat of the Sock, for the Comic call'd Thalia, which Magistrats had each five hundred pounds a year allow'd out of the Profits of the Theaters; the rest, except eight hundred a year to four Poets, payable into the Exchequer. A Poet Laureat created in one of these Theaters, by the Strategus re­ceives a Wreath of five hundred pounds in Gold, paid out of the said Profits. But no man is capable of this Creation, that had not two parts in three of the Suffrages at the Academy, assembl'd after six weeks warning, and upon that occasion.

THESE things among us are sure enough to be censur'd, but by such only as do not know the nature of a Commonwealth: for to tell men that they are free, and yet to curb the genius of a People in a lawful Recreation, to which they are naturally inclin'd, is to tell a tale of a Tub. I have heard the Protestant Ministers in France, by men that were wise, and of their own profession, much blam'd in that they forbad Dancing, a Recreation to which the genius of that Air is so inclining, that they lost many who would not lose that: Nor do they less than blame the former determination of rashness, who now gently connive at that which they had so roughly forbidden. These Sports in Oceana are so govern'd, that they are pleasing for privat di­version, and profitable to the Public: For the Theaters soon defray'd their own charge, and now bring in a good Revenue. All this is so far from the detriment of Virtue, that it is to the improvement of it, seeing Women that heretofore made havock of their Honors that they might have their Pleasures, are now incapable of their Pleasures, if they lose their Honors.

ABOUT the one and fortieth year of the Commonwealth, the Censors, according to their annual Custom, reported the Pillar of Ni­lus, by which it was found that the People were increas'd very near one third. Wherupon the Council of War was appointed by the Se­nat to bring in a State of War, and the Treasurers the State of the Trea­sury. The State of War, or the Pay and Charge of an Army, was soon after exhibited by the Council in this Account.

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ARMS and Ammunition are not reckon'd, as those which are furnisht out of the Store or Arsenal of Emporium: Nor waftage, as that which gos upon the account of the Fleet, maintain'd by the Cu­stoms; which Customs, thro the care of the Council for Trade, and growth of Traffic, were long since improv'd to about a Million Reve­nue. The House being thus inform'd of a State of War, the Com­missioners brought in

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BY comparison of which Accounts, if a War with an Army of 80000 Men were to be made by the Penny, yet was the Commonwealth able to maintain such a one above three years, without levying a Tax. But it is against all Experience, Sense and Reason, that such an Army should not be soon broken, or make a great progress; in either of which cases the Charge ceases; or rather, if a right course be taken in the lat­ter, Profit coms in: for the Romans had no other considerable way but Victory wherby to fill their Treasury, which nevertheless was seldom emty. ALEXANDER did not consult his Purse upon his De­sign for Persia: It is observ'd by MACCHIAVEL, that LIVY ar­guing what the event in reason must have bin had that King invaded Rome, and diligently measuring what on each side was necessary to such a War, never speaks a word of Mony. No man imagins that the Gauls, Goths, Vandals, Huns, Lombards, Saxons, Normans, made their Inroads or Conquests by the strength of the Purse; and if it be thought enough, according to the dialect of our Age, to say in answer to these things, that those times are past and gon; what Mony did the late GUSTAVUS, the most victorious of modern Princes, bring out of Sweden with him into Germany? An Army that gos upon a golden Leg, will be as lame as if it were a wooden one; but proper Forces have Nerves and Muscles in them, such for which, having four or five Millions, a Sum easy enough, with a Revenue like this of Oceana, to be had at any time in readiness, you need never, or very rarely charge the People with Taxes. What influence the Commonwealth by such Arms has had upon the World, I leave to Historians, whose custom it has bin of old, to be as diligent Observers of foren Actions, as careless of those domestic Revolutions which (less pleasant it may be, as not partaking so much of the Romance) are to Statesmen of far greater profit; and this Fault, if it be not mine, is so much more fre­quent with modern Writers, as has caus'd me to undertake this Work; on which to give my own Judgment, it is perform'd as much above the time I have bin about it, as below the dignity of the matter.

[Page 226] BUT I cannot depart out of this Country, till I have taken leave of my Lord ARCHON, a Prince of immense Felicity, who having built as high with his Counsils, as he dig'd deep with his Sword, had now seen fifty years measur'd with his own inerring Orbs.

Plutarch in the Life of Timo­leon. TIMOLEON (such a hater of Tyrants, that not able to persuade his Brother TIMOPHANES to relinquish the Tyranny of Corinth, he slew him) was afterwards elected by the People (the Sicilians groaning to them from under the like burden) to be sent to their relief: Wherupon TELECLIDES the Man at that time of most Authority in the Common­wealth of Corinth, stood up, and giving an Exhortation to TIMOLEON, how he should behave himself in his Expedition, told him, that if he re­stor'd the Sicilians to Liberty, it would be acknowleg'd that he had destroy'd a Tyrant; if otherwise, he must expect to hear that he had murder'd a King. TIMOLEON taking his leave, with a very small Provision for so great a Design, pursu'd it with a Courage not in­ferior to, and a Felicity beyond any that had bin known to that day in mortal Flesh, having in the space of eight years utterly rooted out of all Sicily those Weeds of Tyranny, thro the detestation wherof men fled in such abundance from their Native Country, that whole Citys were left desolat; and brought it to such a pass, that o­thers thro the fame of his Virtues, and the excellency of the Soil, flockt as fast from all Quarters to it, as to the Garden of the World: While he, being presented by the People of Syracusa with his Town­house, and his Country Retreat, the sweetest Places in either, liv'd with his Wife and Children a most quiet, happy, and holy Life; for he attributed no part of his Success to himself, but all to the Bles­sing and Providence of the Gods. As he past his time in this man­ner, admir'd and honor'd by Mankind, LAPHISTIUS an envious Demagog, going to summon him upon som pretence or other to an­swer for himself before the Assembly, the People fell into such a Mu­tiny, as could not be appeas'd but by TIMOLEON, who under­standing the matter, reprov'd them, by repeating the pains and travel which he had gon thro, to no other end than that every Man might have the free use of the Laws. Wherfore when DAEMENETUS ano­ther Demagog, had brought the same Design about again, and blam'd him impertinently to the People for things which he did when he was General, TIMOLEON answer'd nothing, but raising up his hands, gave the Gods thanks for their return to his frequent Prayers, that he might but live to see the Syracusians so free, that they could question whom they pleas'd.

NOT long after being old, thro som natural imperfection, he fell blind; but the Syracusians by their perpetual visits held him, tho he could not see, their greatest Object: if there arriv'd Strangers, they brought them to see this sight. Whatever came in debate at the Assembly, if it were of small consequence, they determin'd it them­selves; but if of importance, they always sent for TIMOLEON; who being brought by his Servants in a Chair, and set in the middle of the Theater, there ever follow'd a great shout, after which som time was allow'd for the Benedictions of the People; and then the matter propos'd, when TIMOLEON had spoken to it, was put to the Suffrage; which given, his Servants bore him back in his Chair, accompany'd by the People clapping their hands, and making all ex­pressions of Joy and Applause, till leaving him at his House, they re­turn'd [Page 227] to the dispatch of their Business. And this was the Life of TIMOLEON, till he dy'd of Age, and drop'd like a mature Fruit, while the Eys of the People were as the Showers of Autumn.

THE Life and Death of my Lord ARCHON (but that he had his Senses to the last, and that his Character, as not the Restorer, but the Founder of a Commonwealth, was greater) is so exactly the same, that (seeing by Men wholly ignorant of Antiquity, I am ac­cus'd of writing Romance) I shall repeat nothing: but tell you that this year the whole Nation of Oceana, even to the Women and Chil­dren, were in mourning, where so great or sad a Funeral Pomp had never bin seen or known. Somtime after the performance of the Exequys, a Colossus, mounted on a brazen Horse of excellent Fabric, was erected in the Piazza of the Pantheon, ingrav'd with this Inscrip­tion on the Eastern side of the Pedestal:

And on the Western with the following: