"The first called Latinity or Latin, the second Italian right." The league between the Romans and the Latins, or Latin right, approached nearest to jus quiritium, or the right of a native Roman. The man or the city that was honored with this right, was civitate donatus c.u.m suffragio, adopted a citizen of Rome, with the right of giving suffrage with the people in some cases, as those of conformation of law, or determination in judicature, if both the Consuls were agreed, not otherwise; wherefore that coming to little, the greatest and most peculiar part of this privilege was, that who had borne magistracy (at least that of oedile or quoestor) in any Latin city, was by consequence of the same a citizen of Rome at all points.
"Italian right was also a donation of the city, but without suffrage: they who were in either of these leagues, were governed by their own laws and magistrates, having all the rights, as to liberty, of citizens of Rome, yielding and praying to the commonwealth as head of the league, and having in the conduct of all affairs appertaining to the common cause, such aid of men and money as was particularly agreed to upon the merit of the cause, and specified in their respective leagues, whence such leagues came to be called equal or unequal accordingly.
"Provincial leagues were of different extension, according to the merit and capacity of a conquered people; but they were all of one kind, for every province was governed by Roman magistrates, as a praetor or a proconsul, according to the dignity of the province, for the civil administration and conduct of the provincial army, and a quaestor for the gathering of the public revenue, from which magistrates a province might appeal to Rome.
"For the better understanding of these particulars, I shall exemplify in as many of them as is needful, and first in Macedon:
"The Macedonians were thrice conquered by the Romans, first under the conduct of t.i.tus Quintus Flaminius; secondly, under that of Lucius AEmilius Paulus; and, thirdly under that of Quintus Caecilius Metellus, thence called Macedonicus.
"For the first time Philip of Macedon, who (possessed of Acrocorinthus) boasted no less than was true, that he had Greece in fetters, being overcome by Flaminius, had his kingdom restored to him, upon condition that he should immediately set all the cities which he held in Greece and in Asia at liberty, and that he should not make war out of Macedon but by leave of the Senate of Rome; which Philip (having no other way to save anything) agreed should be done accordingly.
"The Grecians being at this time a.s.sembled at the isthmian games, where the concourse was mighty great, a crier, appointed to the office by Flaminius, was heard among them proclaiming all Greece to be free; to which the people being amazed at so hopeless a thing, gave little credit, till they received such testimony of the truth as put it past all doubt, whereupon they fell immediately on running to the proconsul with flowers and garlands, and such violent expressions of their admiration and joy, as, if Flaminius, a young man, about thirty-three, had not also been very strong, he must have died of no other death than their kindness, while everyone striving to touch his hand, they bore him up and down the field with an unruly throng, full of such e.j.a.c.u.l.a.t.i.o.ns as these: How is there a people in the world, that at their own charge, at their own peril, will fight for the liberty of another? Did they live at the next door to the fire? Or what kind of men are these, whose business it is to pa.s.s the seas, that the world may be governed with righteousness? The cities of Greece and of Asia shake off their iron fetters at the voice of a crier was it madness to imagine such a thing, and is it done? O virtue! O felicity! O fame!
"In this example your lordships have a donation of liberty or of Italian right to a people, by rest.i.tution to what they had formerly enjoyed; and some particular men, families or cities, according to their merit of the Romans, if not upon this, yet upon the like occasions, were gratified with Latinity." But Philip"s share by this means did not please him, wherefore the league was broken by his son Perseus; and the Macedonians thereupon for the second time conquered by AEmilius Paulus, their King taken, and they some time after the victory summoned to the tribunal of the general; where, remembering how little hope they ought to have of pardon, they expected some dreadful sentence: when AEmilius, in the first place, declared the Macedonians to be free, in the full possession of their lands, goods, and laws, with right to elect annual magistrates, yielding and paying to the people of Rome one-half of the tribute which they were accustomed to pay to their own kings. This done he went on, making so skilful a division of the country in order to the methodizing of the people, and casting them into the form of popular government, that the Macedonians, being first surprised with the virtue of the Romans, began now to alter the scene of their admiration, that a stranger should do such things for them in their own country, and with such facility as they had never so much as once imagined to be possible.
Nor was this all; for AEmilius, as if not dictating to conquered enemies, but to some well-deserving friends, gave them in the last place laws so suitable, and contrived with such care and prudence, that long use and experience (the only correctness of works of this nature) could never find a fault in them.
"In this example you have a donation of liberty, or of Italian right, to a people that had not tasted of it before, but were now taught how to use it.
"My lords, the royalists should compare what we are doing, and we what hitherto we have done for them, with this example. It is a shame that while we are boasting up ourselves above all others, we should yet be so far from imitating such examples as these, that we do not so much as understand that if government be the parent of manners, where there are no heroic virtues, there is no heroic government.
"But the Macedonians rebelling, at the name of a false Philip, the third time against the Romans, were by them judged incapable of liberty, and reduced by Metellus to a province.
"Now whereas it remains that I explain the nature of a province, I shall rather choose that of Sicily, because, having been the first which the Romans made, the descriptions of the rest relate to it.
""We have so received the Sicilian cities into amity," says Cicero, "that they enjoy their ancient laws; and upon no other condition than of the same obedience to the people of Rome, which they formerly yielded to their own princes or superiors." So the Sicilians, whereas they had been parcelled out to divers princes, and into divers states (the cause of perpetual wars, whereby, hewing one another down, they became sacrifices to the ambition of their neighbors, or of some invader), were now received at the old rate into a new protection which could hold them, and in which no enemy durst touch them; nor was it possible, as the case then stood, for the Sicilians to receive, or for the Romans to give more.
"A Roman province is defined by Sigonius as a region having provincial right. Provincial right in general was to be governed by a Roman praetor, or consul, in matters at least of state, and of the militia; and by a quaeStor, whose office it was to receive the public revenue.
Provincial right in particular was different, according to the different leagues or agreements between the commonwealth, and the people reduced into a province. "Siculi hoc jure sunt, ut quod civis c.u.m cive agat, domi certet suis legibus; quod siculus c.u.m siculo non ejusdem civitatis, ut de eo proetor judices, ex P. Rupilii decreto, sortiatur. Quod privatus a populo pet.i.t, aut populus a privato, senatus ex aliqua civitate, qui judicet, datur, cui alternoe civitates rejectoe sunt. Quod vivis Roma.n.u.s a siculo pet.i.t, siculus judex datur quod siculus a cive Romano, civis Roma.n.u.s datur. Coeterarum rerum selecti judices ex civium Romanorum conventu proponi solent. Inter aratores et dec.u.manos lege frumentaria, quam Hieronicam appellant, judicia fiunt." Because the rest would oblige me to a discourse too large for this place, it shall suffice that I have showed you how it was in Sicily.
"My lords, upon the fabric of your provincial orb I shall not hold you; because it is sufficiently described in the order, and I cannot believe that you think it inferior to the way of a praetor and a quaestor. But whereas the provincial way of the Roman Commonwealth was that whereby it held the empire of the world, and your orbs are intended to be capable at least of the like use, there may arise many controversies, as whether such a course be lawful, whether it be feasible; and, seeing that the Romans were ruined upon that point, whether it would not be to the destruction of the commonwealth.
"For the first: if the empire of a commonwealth be an occasion to ask whether it be lawful for a commonwealth to aspire to the empire of the world, it is to ask whether it be lawful for it to do its duty, or to put the world into a better condition than it was before.
"And to ask whether this be feasible, is to ask why the Oceaner, being under the like administration of government, may not do as much with 200 men as the Roman did with 100; for comparing their commonwealths in their rise, the difference is yet greater: now that Rome (seris avaritia luxuriaque), through the natural thirst of her const.i.tution, came at length with the fulness of her provinces to burst herself, this is no otherwise to be understood than as when a man that from his own evil const.i.tution had contracted the dropsy, dies with drinking, it being apparent that in case her agrarian had held, she could never have been thus ruined, and I have already demonstrated that your agrarian being once poised, can never break or swerve.
"Wherefore to draw toward some conclusion of this discourse, let me inculcate the use, by selecting a few considerations out of many. The regard had in this place to the empire of the world appertains to a well-ordered commonwealth, more especially for two reasons:
"1. The facility of this great enterprise, by a government of the model proposed;
"2. The danger that you would run in the omission of such a government.
"The facility of this enterprise, upon the grounds already laid, must needs be great, forasmuch as the empire of the world has been, both in reason and experience, the necessary consequence of a commonwealth of this nature only; for though it has been given to all kinds to drive at it, since that of Athens or Lacedaemon, if the one had not hung in the other"s light, might have gained it, yet could neither of them have held it; not Athens, through the manner of her propagation, which, being by downright tyranny, could not preserve what she had, nor Lacedaemon, because she was overthrown by the weight of a less conquest. The facility then of this great enterprise being peculiar to popular government, I shall consider it, first, in gaining, and secondly, in holding.
"For the former, volenti non fit injuria. It is said of the people under Eumenes, that they would not have changed them no their subjection for liberty; wherefore the Romans gave disturbance. If a people be contented with their government, it is a certain sign that it is good, and much good do them with it. The sword of your magistracy is for a terror to them that do evil. Eumenes had the fear of G.o.d, or of the Romans, before his eyes; concerning such he has given you no commission.
"But till we can say, here are the Romans, where is Eumenes? do not think that the late appearances of G.o.d to you have been altogether for yourselves; "He has surely seen the affliction of your brethren, and heard their cry by reason of their task masters." For to believe otherwise is not only to be mindless of his ways, but altogether deaf.
If you have ears to hear, this is the way in which you will certainly be called upon; for if, while there is no stock of liberty no sanctuary of the afflicted, it be a common object to behold a people casting themselves out of the pan of one prince into the fire of another, what can you think, but if the world should see the Roman "eagle again, she would renew her age and her flight? Nor did ever she spread her wings with better omen than will be read in your ensigns; which if, called in by an oppressed people they interpose between them and their yoke, the people themselves must either do nothing in the meantime or have no more pains to take for their wished fruit than to gather it, if that be not likewise done for them. Wherefore this must needs be easy, and yet you have a greater facility than is in the arm of flesh; for if the cause of mankind be the cause of G.o.d, the Lord of Hosts will be your captain, and you shall be a praise to the whole earth.
"The facility of holding is in the way of your propagation; if you take that of Athens and Lacedemon, you shall rain snares, but either catch or hold nothing. Lying lips are an abomination to the Lord: if setting up for liberty you impose yokes, he will infallibly destroy you. On the other side, to go about a work of this nature by a league without a head, is to abdicate that magistracy wherewith he has not only endued you, but whereof he will require an account of you; for, "cursed is he that does the work of the Lord negligently." Wherefore you are to take the course of Rome: if you have subdued a nation that is capable of liberty, you shall make them a present of it, as did Flaminius to Greece, and AEmilius to Macedon, reserving to yourselves some part of that revenue which was legally paid to the former government, together with the right of being head of the league, which includes such levies of men and money as shall be necessary for the carrying on of the public work.
"For if a people have by your means attained to freedom, they owe both to the cause and you such aid as may propagate the like fruit to the rest of the world. But whereas every nation is not capable of her liberty to this degree, lest you be put to doing and undoing of things, as the Romans were in Macedon, you shall diligently observe what nation is fit for her liberty to this degree, and what not; which is to be done by two marks, the first if she be willing to "help the Lord against the mighty;" for if she has no care of the liberty of mankind she deserves not her own. But because in this you may be deceived by pretences, which, continuing for a while specious, may afterward vanish; the other is more certain, and that is if she be capable of an equal agrarian; which that it was not observed by excellent AEmilius in his donation of liberty, and introduction of a popular state among the Macedonians, I am more than moved to believe for two reasons; the first, because at the same time the agrarian was odious to the Roman patricians; the second, that the pseudo-Philip could afterward so easily recover Macedon, which could not have happened but by the n.o.bility, and their impatience, having great estates, to be equalled with the people; for that the people should otherwise, at the mere sound of a name, have thrown away their liberty, is incredible. Wherefore be a.s.sured that the nation where you cannot establish an equal agrarian, is incapable of its liberty as to this kind of donation. For example, except the aristocracy in Marpesia be dissolved, neither can that people have their liberty there, nor you govern at home; for they continuing still liable to be sold by their lords to foreign princes, there will never (especially in a country of which there is no other profit to be made) be want of such merchants and drovers, while you must be the market where they are to receive their second payment.
"Nor can the aristocracy there be dissolved but by your means, in relation whereto you are provided with your provincial orb; which, being proportioned to the measure of the nation that you have vindicated or conquered, will easily hold it: for there is not a people in the world more difficult to be held than the Marpesians, which, though by themselves it be ascribed to their own nature, is truly to be attributed to that of their country. Nevertheless, you having 9,000 men upon the continual guard of it, that, threatened by any sudden insurrection, have places of retreat, and an army of 40,000 men upon a day"s warning ready to march to their rescue, it is not to be rationally shown which way they can possibly slip out of your hands. And if a man should think that upon a province more remote and divided by the sea, you have not the like hold, he has not so well considered your wings as your talons, your shipping being of such a nature as makes the descent of your armies almost of equal facility in any country, so that what you take you hold, both because your militia, being already populous, will be of great growth in itself, and also through your confederates, by whom in taking and holding you are still more enabled to do both.
"Nor shall you easier hold than the people under your empire or patronage may be held. My lords, I would not go to the door to see whether it be close shut; this is no underhand dealing, nor a game at which he shall have any advantage against you who sees your cards, but, on the contrary the advantage shall be your own: for with 18,000 men (which number I put, because it circulates your orb by the annual change of 6,000) having established your matters in the order shown, you will, be able to hold the greatest province; and 18,000 men, allowing them greater pay than any prince ever gave, will not stand the province in 1,000,000 revenue; in consideration whereof, they shall have their own estates free to themselves, and be governed by their own laws and magistrates; which, if the revenue of the province be in dry-rent (as there may be some that are four times as big as Oceana) 40,000,000, will bring it with that of industry, to speak with the least, to twice the value: so that the people there, who at this day are so oppressed that they have nothing at all whereon to live, shall for 1,000,000 paid to you, receive at least 79,000,000 to their proper use: in which place I appeal to any man, whether the empire described can be other than the patronage of the world.
"Now if you add to the propagation of civil liberty (so natural to this commonwealth that it cannot be omitted) the propagation of the liberty of conscience, this empire, this patronage of the world, is the kingdom of Christ: for as the kingdom of G.o.d the Father was a commonwealth, so shall the kingdom of G.o.d the Son; "the people shall be willing in the day of his power."
"Having showed you in this and other places some of those inestimable benefits of this kind of government, together with the natural and facile emanation of them from their fountain, I come (lest G.o.d who has appeared to you, for he is the G.o.d of nature, in the glorious constellation of these subordinate causes, whereof we have hitherto been taking the true elevation, should shake off the dust of his feet against you) to warn you of the dangers which you, not taking the opportunity, will incur by omission.
"Machiavel, speaking of the defect of Venice, through her want of proper arms, cries out, "This cut her wings, and spoiled her mount to heaven."
If you lay your commonwealth upon any other foundation than the people, you frustrate yourself of proper arms, and so lose the empire of the world; nor is this all, but some other nation will have it.
"Columbus offered gold to one of your kings, through whose happy incredulity another prince has drunk the poison, even to the consumption of his people; but I do not offer you a nerve of war that is made of purse-strings, such a one as has drawn the face of the earth into convulsions, but such as is natural to her health and beauty. Look you to it, where there is tumbling and tossing upon the bed of sickness, it must end in death or recovery. Though the people of the world, in the dregs of the Gothic empire, be yet tumbling and tossing upon the bed of sickness, they cannot die; nor is there any means of recovery for them but by ancient prudence, whence of necessity it must come to pa.s.s that this drug be better known, if France, Italy, and Spain were not all sick, all corrupted together, there would be none of them so; for the sick would not be able to withstand the sound, nor the sound to preserve their health, without curing of the sick. The first of these nations (which if you stay her leisure, will in my mind be France) that recovers the health of ancient prudence, shall certainly govern the world; for what did Italy when she had it? and as you were in that, so shall you in the like case be reduced to a province; I do not speak at random. Italy, in the consulship of Lucius AEmilius Papus and Caius Attilius Regulus, armed, upon the Gallic tumult that then happened of herself, and without the aid of foreign auxiliaries, 70,000 horse and 700,000 foot; but as Italy is the least of those three countries in extent, so is France now the most populous.
""I, decus, I, nostrum, melioribus utere fatis."
"My dear lords, Oceana is as the rose of Sharon, and the lily of the valley. As the lily among thorns, such is my love among the daughters.
She is comely as the tents of Kedar, and terrible as an army with banners. Her neck is as the tower of David, builded for an armory, whereon there hang 1,000 bucklers and shields of mighty men. Let me hear thy voice in the morning, whom my soul loves. The south has dropped, and the west is breathing upon thy garden of spices. Arise, queen of the earth, arise, holy spouse of Jesus; for lo, the winter is past, the rain is over and gone; the flowers appear on the earth, the time for the singing of birds is come, and the voice of the turtle is heard in our land. Arise, I say, come forth, and do not tarry: ah! wherefore should my eyes behold thee by the rivers of Babylon, hanging thy harps upon the willows, thou fairest among women?
"Excellent patriots, if the people be sovereign, here is that which establishes their prerogative; if we be sincere, here is that which disburdens our souls, and makes good all our engagements; if we be charitable, here is that which embraces all parties; if we would be settled, here is that which will stand, and last forever.
"If our religion be anything else but a vain boast, scratching and defacing human nature or reason, which, being the image of G.o.d, makes it a kind of murder, here is that empire whence "justice shall run down like a river, and judgment like a mighty stream." Who is it then that calls us? or, what is in our way? A lion! Is it not the dragon, that old serpent? For what wretched shifts are these? Here is a great deal; might we not have some of this at one time, and some at another?
"My lords, permit me to give you the sum, or brief:
EPITOME OF THE WHOLE COMMONWEALTH
"The centre or fundamental laws are, first, the agrarian, proportioned at 2,000 a year in land, lying and being within the proper territory of Oceana, and stating property in land at such a balance, that the power can never swerve out of the hands of the many.
"Secondly, the ballot conveying this equal sap from the root, by an equal election or rotation, into the branches of magistracy or sovereign power.
"The orbs of this commonwealth being civil, military, or provincial, are, as it were, cast upon this mould or centre by the divisions of the people; first, into citizens and servants; secondly, into youth and elders; thirdly, into such as have 100 a year in lands, goods, or moneys, who are of the horse; and such as have under, who are of the foot; fourthly, they are divided by their usual residence into parishes, hundreds, and tribes.
"The civil orbs consist of the elders, and are thus created: every Monday next ensuing the last of December, the elders in every parish elect the fifth man to be a deputy, which is but half a day"s work; every Monday next ensuing the last of January, the deputies meet at their respective hundred, and elect out of their number one justice of the peace, one juryman, one coroner, and one high constable of the foot, one day"s work.
"Every Monday next ensuing the last of February, the hundreds meet at their respective tribe, and there elect the lords high sheriff, lieutenant, custos rotulorum, the conductor, the two censors out of the horse, the magistrates of the tribe and of the hundreds, with the jurymen const.i.tuting the phylarch, and who a.s.sist in their respective offices at the a.s.sizes, hold the quarter-sessions, etc. The day following the tribe elects the annual galaxy, consisting of two knights and three deputies out of the horse, with four deputies out of the foot, thereby endued with power, as magistrates of the whole nation, for the term of three years. An officer chosen at the hundred may not be elected a magistrate of the tribe; but a magistrate or officer either of the hundred or of the tribe, being elected into the galaxy, may subst.i.tute any one of his office in the hundred or in own order to his magistracy or office in the hundred or in the tribe. This of the muster is two days" work. So the body of the people is annually, at the charge of three days" work and a half, in their own tribes, for the perpetuation of their power, receiving over and above the magistracies so divided among them.
"Every Monday next ensuing the last of March, the knights, being 100 in all the tribes, take their places in the Senate. The knights, having taken their places in the Senate, make the third region of the same, and the house proceeds to the senatorian elections. Senatorian elections are annual, biennial, or emergent.
"The annual are performed by the tropic.
"The tropic is a schedule consisting of two parts; the first by which the senatorian magistrates are elected; and the second, by which the senatorian councils are perpetuated.
"The first part is of this tenor:
The lord strategus, The lord orator, The first censor, The second censor,
"Annual magistrates and therefore such as may be elected out of any region; the term of every region having at the tropic one year at the least unexpired.