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 money for once, though 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 abused in this kind) to subsist; for if no regard should be had of the charge (though that may go deep), yet the debauchery and corruption whereto, by negligence in accounts, it infallibly exposes its citizens, and thereby lessens the public faith, which is the nerve and ligament of government, ought to be prevented.
But the surveyors being despatched, the Lord Archon was very curious in giving names to his tribes, which having caused to be written in scrolls cast into an urn, and presented to the councillors, each of them drew one, and was accordingly sent to the tribe in his lot, as orators of the same, a magistracy no otherwise inst.i.tuted, than for once and pro tempore, to the end that the council upon so great an occasion might both congratulate with the tribes, and a.s.sist at the first muster in some things of necessity to be differently carried from the established administration and future course of the commonwealth.
The orators being arrived, every one as soon as might be, at the rendezvous of his tribe, gave notice to the hundreds, and summoned the muster which appeared for the most part upon good horses, and already indifferently well armed; 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 welcome, applied himself to his business, which began with--
The eighth order requiring "That the lord high sheriff as commander-in-chief, and the lord custos rotulorum as muster-master of the tribe (or the orator for the first muster), upon reception of the lists of their hundreds, returned 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 100 in number, to be inscribed First, Second, or Third troop, etc., according to the order agreed upon by the said magistrates; which done, they shall list the foot in like manner, and inscribe the companies in like order. These lists upon the eve of the muster shall be delivered to certain trumpeters and drummers, whereof there shall be fifteen of each sort (as well for the present as otherwise to be hereafter mentioned) stipendiated by the tribe. And the trumpeters and drummers shall be in the field before the pavilion, upon the day of the muster, so soon as it is light, where they shall stand every one with his list in his hand, at a due distance, placed according to the order of the list, the trumpeters with the lists of the horse on the right hand, and the drummers with the lists of the foot on the left hand; where having sounded awhile, each of them shall begin to call and continue calling the names of the deputies, as they come into the field, till both the horse and foot be gathered 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 b.a.l.l.s marked with the figures 1, 2, 3, 4, etc., as there be troops of horse in the field, together with so many silver b.a.l.l.s as there be companies, marked in the same manner, into a little urn, to which he shall call the captains; and the captains drawing the gold b.a.l.l.s shall command the horse, and those that draw the silver the foot, each in the order of his lot. The like shall be done by the conductor at the same time for the ensigns at another urn; and they that draw the gold b.a.l.l.s shall be cornets, the left 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 marshalling, whereas by virtue of this the tribe is no sooner in the field than in battalia, nor sooner in battalia than called to the urns or the ballot by virtue of--
The ninth order, "Whereby the censors (or the orator for the first muster) upon reception of the lists of the hundreds from the high constables, according as is directed by the seventh order are to make their notes for the urns beforehand, with regard had to the lists of the magistrates, to be elected by the ensuing orders, that is to say, by the first list called the prime magnitude, six; and by the second called the galaxy, nine. Wherefore the censors are to put into the middle urn for the election of the first list twenty-four gold b.a.l.l.s, with twenty-six blanks or silver b.a.l.l.s, in all sixty; and into the side urns sixty gold b.a.l.l.s, divided into each according to the different number of the horse and foot; that is to say, if the horse and the foot be equal, equally, and if the horse and the foot be unequal, unequally, by an arithmetical proportion. The like shall be done the second day of the muster for the second list, except that the censors shall put into the middle urn thirty-six gold b.a.l.l.s with twenty-four blanks, in all sixty; and sixty gold b.a.l.l.s into the side urns, divided respectively into the number of the horse and the foot; and the gold b.a.l.l.s in the side urns at either ballot are by the addition of blanks to be brought even with the number of the ballotants at either urn respectively. The censors having prepared their notes, as has been shown, and being come at the day appointed into the field, shall present a little urn to the lord high sheriff, who is to draw twice for the letters to be used that day, the one at the side urns, and the other at the middle. And the censors having fitted the urns accordingly, shall place themselves in certain movable seats or pulpits (to be kept for that use in the pavilion) the first censor before the horse urn, the second before the foot urn, the lord lieutenant doing the office of censor pro tempore at the middle urn; where all and every one of them shall cause the laws of the ballot to be diligently observed, taking a special care that no man be suffered to come above once to the urn (whereof it more particularly concerns the sub-censors, that is to say, the overseers of every parish, to be careful, they being each in this regard responsible for their respective parishes) or to draw above one ball, which if it be gold, he is to present to the censor, who shall look upon the letter; and if it be not that of the day, and of the respective urn, apprehend the party, who for this or any other like disorder is obnoxious to the phylarch."
This order being observed by the censors, it is not possible for the people, if they can but draw the b.a.l.l.s, though they understand nothing at all of the ballot, to be out. To philosophize further upon this art, though there be nothing more rational, were not worth the while, because in writing it will be perplexed, and the first practice of it gives the demonstration; whence it came to pa.s.s that the orator, after some needless pains in the explanation of the two foregoing orders, betaking himself to exemplify the same, found the work done to his hand, for the tribe, as eager upon a business of this nature, had retained one of the surveyors, out of whom (before the orator arrived) they had got the whole mystery by a stolen muster, at which in order to the ballot they had made certain magistrates pro tempore. Wherefore 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 prepared with a just number of b.a.l.l.s for the first ballot, to become the field, and the occasion very gallantly with their covers made in the manner of helmets, open at either ear to give pa.s.sage to the hands of the ballotants, and slanting with n.o.ble plumes to direct the march of the people.
Wherefore he proceeded to--
The tenth order, "Requiring of the deputies 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 rendezvous of the tribe, where, being in discipline, 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 favor, and of such only as they shall judge fittest for the commonwealth, the conductor shill take three b.a.l.l.s, the one inscribed with these words (outward files), another with these words (inward files), and the third with these (middle files), which b.a.l.l.s he shall cast into a little urn, and present it to the lord high sheriff, who, drawing one, shall give the words of command, as they are thereupon inscribed, and the ballot shall begin accordingly. For example, if the ball be inscribed "Middle files," the ballot shall begin by the middle; that is, the two files that are middle to the horse shall draw out first to the horse urn, and the two files that are middle to the foot shall draw out first to the foot urn, and be followed by all the rest of the files as they are next to them in order. The like shall be done by the inward, or by the outward files in case they be first called. And the files, as every man has drawn his ball, if it be silver, shall behind at the urn to countermarch to their places, but he that has drawn a gold ball at a side urn shall proceed to the middle urn, where if the b.a.l.l.s he draws be silver he shall also countermarch, but if it be gold he shall take his place upon a form set across the pavilion, with his face toward the lord high sheriff, who shall be seated in the middle of the pavilion, with certain clerks by him, one of which shall write down the names of every elector, that is, of every one that drew a gold ball at the middle urn, and in the order his ball was drawn, till the electors amount to six in number. And the first six electors, horse and foot promiscuously, are the first order of electors; the second six (still accounting them as they are drawn) the second order, the third six the third order, and the fourth six the fourth order of electors; every elector having place in his order, according to the order wherein he was drawn. But so soon as the first order of electors is complete, the lord high sheriff shall send them with a copy of the following list, and a clerk that understands the ballot, immediately to a little tent standing before the pavilion in his eye, to which no other person but themselves, during the election, shall approach. The list shall be written in this manner:"
Anno Domini
THE LIST OF THE PRIME MAGNITUDE, OR FIRST DAY"S ELECTION OF MAGISTRATES
1. The Lord High Sheriff, Commander-in-Chief, 2. Lord Lieutenant, 3. Lord Custos Rotulorum, Muster-Master-General, 4. The Conductor, being Quarter-master General, 5. The First Censor, 6. The Second Censor,
Of the tribe of Nubia, containing at the present muster 700 horse and 1,500 foot, in all 22,000 deputies.
"And the electors of the first band 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 compet.i.tor be chosen to every magistracy in the list by the ballot of the electors of the first order, which done, the list with the compet.i.tors thereunto annexed shall be returned to the lord high sheriff by the clerk 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 sub-censors 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 done 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 returned to the lord high sheriff four compet.i.tors to every magistracy in the list; that is to say, one compet.i.tor elected to every office in every one of the four orders, which compet.i.tors the lord high sheriff shall cause to be p.r.o.nounced or read by a crier 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 compet.i.tor in the first order, thence proceeding to the first compet.i.tor 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 been already shown) shall be poured into the bowls standing before the censors, who shall be seated at each end of the table in the pavilion, the one numbering the affirmatives and the other the negatives, and he of the four compet.i.tors to the first magistracy that has most above half the suffrages of the tribe in the affirmative, is the first magistrate.
The like is to be done successively by the rest of the compet.i.tors 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, etc., by which means divers names are successively at one and the same time in balloting; the boy that carries a box shall sing or repeat continually the name of the compet.i.tor for whom that box is carrying, with that also of the magistracy to which he is proposed. A magistrate of the tribe happening to be an elector, may subst.i.tute any one of his own order to execute his other function. The magistrates of the prime magnitude being thus elected, shall receive the present charge of the tribe."
If it be objected against this order that the magistrates 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 remembered 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 capacities, with an eye 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 10,000 men, if there were occasion, with as much ease, and as suddenly to perform the ballot, as he can make 5,000 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, therefore a man"s wife, his daughters, or others, make him his provision of pellets before the ballot, and he comes into the field with a matter of a score of them in his pocket. And now I have as good as done with the sport. The next is--
The eleventh order, "Explaining the duties and functions of the magistrates contained in the list of the prime magnitude, and those of the hundreds, beginning with the lord high sheriff, who, over and above his more ancient offices, and those added by the former order, is the first magistrate of the phylarch, or prerogative troop. The lord lieutenant, over and above his duty mentioned, is commander-in-chief of the musters of the youth, and second magistrate 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 magistrate of the phylarch. The censors by themselves and their sub-censors, that is, the overseers of the parishes, are to see that the respective laws of the ballot be observed in all the popular a.s.semblies 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 magistrates, 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:
"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 pa.s.sed 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 Parliament. A marriage legitimately is to be p.r.o.nounced 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 pet.i.tion the Parliament the phylarch, as the council, shall frame the pet.i.tion in the pavilion, and propose it by clauses to the ballot of the whole tribe; and the clauses that shall be affirmed by the ballot of the tribe, and signed by the hands of the six magistrates of the prime magnitude, shall be received and esteemed by the Parliament as the pet.i.tion of the tribe, and no other.
"Secondly, the phylarch has power to call to their a.s.sistance what other troops of the tribe they please (he they elders or youth, whose discipline will be hereafter directed), and with these to receive the judges itinerant in their circuits, whom the magistrates of the phylarch shall a.s.sist upon the bench, and the juries elsewhere in their proper functions according to the more ancient laws and customs of this nation.
"Thirdly, the phylarch shall hold the court called the quartersessions according to the ancient custom, and therein 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 Parliament.
"Fourthly, all commissions issued into the tribes by the Parliament, or by the chancery, are to be directed to the phylarch, or some of that troop, and executed by the same respectively.
"Fifthly, in the case of levies of money the Parliament 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 levied the tax-money accordingly, shall return it to the officers of the hundreds, the hundred 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 been married 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 judge the tribes, and the Parliament shall judge 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 magistrate of the hundred, or of the tribe, shall cause him presently to be sent in custody to the Council of War."
The part of the order relating to the rolls in Emporium being of singular use, is not unworthy to be somewhat better opened. In what manner the lists of the parishes, hundreds, and tribes are made, has been shown in their respective orders, where, after the parties are elected, they give an account of the whole number of the elders or deputies in their respective a.s.semblies or musters; the like for this part exactly is done by the youth in their discipline (to be hereafter shown) wherefore the lists of the parishes, youth and elders, being summed up, give the whole number of the people able to bear arms, and the lists of the tribes, youth and elders, being summed up, give the whole number of the people bearing arms. This account, being annually recorded by the master of the rolls, is called the "Pillar of Nilus,"
because the people, being the riches of the commonwealth, as they are found to rise or fall by the degrees of this pillar, like that river, give an account of the public harvest.
Thus much for the description of the first day"s work at the muster, which happened (as has been shown) to be done as soon as said; for as in practice it is of small difficulty, so requires it not much time, seeing the great Council of Venice, consisting of a like number, begins at twelve of the clock, and elects nine magistrates in one afternoon. But the tribe being dismissed for this night, repaired to their quarters, under the conduct of their new magistrates. The next morning returning to the field very early, the orator proceeded to--
The twelfth order, "Directing the muster of the tribe in the second day"s election, being that of the list called the galaxy; in which the censors shall prepare the urns according to the directions given in the ninth order for the second ballot; that is to say, with thirty-six gold b.a.l.l.s in the middle urn, making four orders, and nine electors in every order, according to the number of the magistrates in the list of the galaxy, which is as follows:
1. Knight 2. Knight
To be chosen out of the horse. 3. Deputy 4. Deputy 5. Deputy
To be chosen out of the horse. 6. Deputy 7. Deputy 8. Deputy 9. Deputy
To be chosen out of the foot.
"The rest of the ballot shall proceed exactly according to that of the first day. But, forasmuch as the commonwealth demands as well the fruits of a man"s body as of his mind, he that has not been married shall not be capable of these magistracies till he be married. If a deputy already chosen to be an officer in the parish, in the hundred, or in the tribe, be afterward chosen of the galaxy, it shall be lawful for him to delegate 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 deputies being chosen, shall be brought to the head of the tribe by the lord high sheriff, who shall administer to them this oath: "Ye shall well and truly observe and keep the orders and customs of this commonwealth which the people have chosen." And if any of them shall refuse the oath, he shall be rejected, and that compet.i.tor which had the most voices next shall be called in his place, who, if he takes the oath, shall be entered in the list; but if he also refuses the oath, he who had most voices next shall be called, and so till the number of nine out of those compet.i.tors which had most voices be sworn knights and deputies of the galaxy. (This clause, in regard to the late divisions, and to the end that no violence be offered to any man"s conscience, to be of force but for the first three years only.) The knights of the galaxy being elected and sworn, are to repair, by the Monday next ensuing to the last of March, to the Pantheon or palace of justice, situated in the metropolis of this commonwealth (except the Parliament, by reason of a contagious sickness, or some other occasion, has adjourned to another part of the nation), where they are to take their places in the Senate, and continue in full power and commission as senators for the full term of three years next ensuing the date of their election. The deputies 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 deputies for the full term of three years next ensuing their election.
But, forasmuch as the term of every magistracy or office in this commonwealth requires an equal vacation, a knight or deputy of the galaxy, having fulfilled his term of three years, shall not be re-elected into the same galaxy or any other, till he has also fulfilled his three years" vacation."
Whoever shall rightly consider the foregoing orders, will be as little able to find how it is possible that a worshipful knight should declare himself in ale and beef worthy to serve his country, as how my lord high sheriff"s honor, in case he were protected from the law, could play the knave. But though the foregoing orders, so far as they regard the const.i.tution of the Senate and the people, requiring no more as to an ordinary election than is therein explained, that is but one-third part of their knights and deputies, are perfect; yet must we in this place, and as to the inst.i.tution, of necessity erect a scaffold. For the commonwealth to the first creation of her councils in full number, required thrice as many as are eligible by the foregoing orders.
Wherefore the orator whose aid in this place was most necessary, rightly informing the people of the reason, stayed them two days longer at the muster, and took this course. One list, containing two knights and seven deputies, he caused to be chosen upon the second day; which list being called the first galaxy, qualified the parties elected of it with power for the term of one year, and no longer: another list, containing two knights and seven deputies more, he caused to be chosen the third day, which list being called the second galaxy, qualified the parties 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, empowered 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 finished, Hermes de Caduceo, lord orator of the tribe of Nubia, being now put into her first rapture, caused one of the censor"s pulpits to be planted in front of the squadron, and ascending into the same, spake after this manner:
"MY LORDS, THE MAGISTRATES AND THE PEOPLE OF THE TRIBE OF NUBIA:
"We have this day solemnized the happy nuptials of the two greatest princes that are upon the earth or in nature, arms and councils, in the mutual embraces whereof consists your whole commonwealth; whose councils upon their perpetual wheelings, marches, and countermarches, create her armies, and whose armies with the golden volleys of the ballot at once create and salute her councils. There be those (such is the world at present) that think it ridiculous to see a nation exercising its civil functions in military discipline; while they, committing their buff to their servants, come themselves to hold trenchards. For what avails it such as are unarmed, or (which is all one) whose education acquaints them not with the proper use of their swords, to be called citizens?
What were 2,000 or 3,000 of you, though never so well affected to your country, but naked, to one troop of mercenary soldiers? If they should come upon the field and say, "Gentlemen, it is thought fit that such and such men should be chosen by you," where were your liberty? or, "Gentlemen, parliaments are exceeding good, but you are to have a little patience; these times are not so fit for them," where were your commonwealth? What causes the monarchy of the Turks but servants in arms? What was it that begot the glorious Commonwealth of Rome but the sword in the hands of her citizens? Wherefore my glad eyes salute the serenity and brightness of this day with a shower that shall not cloud it.
"Behold the army of Israel become a commonwealth, and the Commonwealth of Israel remaining an army, with her rulers of tens and of fifties, her rulers of hundreds and thousands, drawing near (as this day throughout our happy fields) to the lot by her tribes, increased above threefold, and led up by her phylarchs or princes, to sit upon fifty thrones, judging the fifty tribes of Oceana! Or, is it Athens, breaking from her iron sepulchre, where she has been so long trampled by hosts of Janizaries? For certainly that is the voice of Theseus, having gathered his scattered Athenians into one city. This freeborn nation lives not upon the dole or bounty of one man, but distributing her annual magistracies and honors with her own hand, is herself King People--(At which the orator was awhile interrupted with shouts, but at length proceeded.) is it grave Lacedaemon in her armed tribe, divided by her oboe and her mora, which appears to chide me that I teach the people to talk, or conceive such language as is dressed like a woman, to be a fit usher of the joys of liberty into the hearts of men? is it Rome in her victorious arms (for so she held her concio or congregation) that congratulates with us, for finding out that which she could not hit on, and binding up her Comitia curiata, centuriata, and tributa, in one inviolable league of union? Or is it the great council of incomparable Venice, bowling forth by the selfsame ballot her immortal commonwealth?
For, neither by reason nor by experience is it impossible that a commonwealth should be immortal; seeing the people being the materials, never die; and the form, which is motion, must, without opposition, be endless. The bowl which is thrown from your hand, if there be no rub, no impediment, shall never cease: for which cause the glorious luminaries that are the bowls of G.o.d, were once thrown forever; and next these, those of Venice. But certainly, my lords, whatever these great examples may have shown us, we are the first that have shown to the world a commonwealth established in her rise upon fifty such towers, and so garrisoned as are the tribes of Oceana, containing 100,000 elders upon the annual list, and yet but an outguard; besides her marching armies to be equal in the discipline, and in the number of her youth.
"And forasmuch as sovereign power is a necessary but a formidable creature, not unlike the powder which (as you are soldiers) is at once your safety and your danger, being subject to take fire against you as well as for you, how well and securely is she, by your galaxies so collected as to be in full force and vigor and yet so distributed that it is impossible you should be blown up by your own magazine? Let them who will have it, that power if it be confined cannot be sovereign, tell us, whether our rivers do not enjoy a more secure and fruitful reign within their proper banks, than if it were lawful for them, in ravaging our harvests, to spill themselves? whether souls, not confined to their peculiar bodies, do govern them any more than those of witches in their trances? whether power, not confined to the bounds of reason and virtue, has any other bounds than those of vice and pa.s.sion? or if vice and pa.s.sion be boundless, and reason and virtue have certain limits, on which of these thrones holy men should anoint their sovereign? But to blow away this dust, the sovereign power of a commonwealth is no more bounded, that is to say straitened, than that of a monarch; but is balanced. The eagle mounts not to her proper pitch, if she be bounded, nor is free if she be not balanced. And lest a monarch should think he can reach further with his sceptre, the Roman eagle upon such a balance spread her wings from the ocean to Euphrates. Receive the sovereign power; you have received it, hold it fast, embrace it forever in your shining arms. The virtue of the loadstone is not impaired or limited, but receives strength and nourishment, by being bound in iron. And so giving your lordships much joy, I take my leave of this tribe."
The orator descending, had the period of his speech made with a vast applause and exultation of the whole tribe, attending him for that night to his quarter, as the phylarch with some commanded troops did the next day to the frontiers of the tribe, where leave was taken on both sides with more tears than grief.
So a tribe is the third division of land occasioned by the third collection of the people, whose functions proper to that place are contained in the five foregoing orders.
The inst.i.tution 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 come to the const.i.tution which stands by itself, and yields a clearer prospect.
The motions, by what has been already shown, are spherical; and spherical motions have their proper centre, for which cause (ere I proceed further) it will be necessary, for the better understanding of the whole, that I discover the centre whereupon the motions of this commonwealth are formed.
The centre, 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, and what the means may call his own, that is to say, property; be whereby a man may enjoy his own, that is to say, protection. The first is also called dominion, and the second empire or sovereign power, whereof this (as has been shown) 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.
Wherefore the fundamental laws of Oceana, or the centre of this commonwealth, are the agrarian and the ballot: the agrarian 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 sovereign power, as, to begin with the former, appears by--
The thirteenth order, "Const.i.tuting the agrarian laws of Oceana, Marpesia, and Panopea, whereby it is ordained, first, for all such lands as are lying and being within the proper territories of Oceana, that every man who is at present possessed, or shall hereafter be possessed, of an estate in land exceeding the revenue of 2,000 a year, and having more than one son, shall leave his lands either equally divided among them, in case the lands amount to above 2,000 a year to each, or so near equally, in case they come under, that the greater part or portion of the same remaining to the eldest exceed not the value of 2,000 revenue. And no man, not in present possession of lands above the value of 2,000 by the year, shall receive, enjoy (except by lawful inheritance) acquire, or, purchase to himself lands within the said territories, 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 1,500 in lands, goods, and moneys. 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, wherein it is divisible according as has been shown.
"Secondly, for lands lying and being within the territories of Marpesia, the agrarian shall hold in all parts as it is established in Oceana, except only in the standard or proportion of estates in land, which shall be set for Marpesia, at 500. And,
"Thirdly, for Panopea, the agrarian shall hold in all parts, as in Oceana. And whosoever possessing above the proportion allowed by these laws, shall be lawfully convicted of the same, shall forfeit the overplus to the use of the State."