Part I.: For the Civil Part, it is proposed,
Renaissance James Harrington EnglishTWO assemblies thus constituted, must necessarily amount unto the understanding and the will, unto the wisdom and the interest of the whole nation; and a commonwealth, where the wisdom of the nation proposeth, and the interest of the people resolveth, can never fail in whatever shall be farther necessary for the right constituting of itself.
THAT the whole native or proper territory of Oceana (respect had unto the tax-role, unto the number of people, and to the extent of territory) be cast with as much exactness as can be convenient, into fifty precincts, shires, or tribes.
That all citizens, that is, free-men, or such as are not servants, be distributed into horse and foot, that such of them as have one hundred pounds a year in lands, goods, or money, or above that proportion, be accounted of the horse; and all such as have under that proportion, be accounted of the foot.
That all elders or free-men, being thirty years of age, or upwards, be capable of civil administration; and that the youth, or such free-men as are between eighteen years of age and thirty, be not capable of civil administration, but of military only, in such manner as shall follow in the military part of this model.
That the elder’s resident in each parish, annually assemble in the same; as for example, upon Monday next ensuing the last of December. That they then and there elect out of their own number every fifth man, or one man out of every five, to be for the term of the year ensuing a deputy of that parish; and that the first and second so elected, be overseers, or presidents for the regulating of all parochial congregations, whether of the elders, or of the youth, during the term for which they were elected.
That so many parishes lying nearest together, whose deputies shall amount to one hundred, or thereabouts, be cast into one precinct, called the hundred: and that in each precinct called the hundred, there be a town, village, or place appointed, to be the capital of the same.
That the parochial deputies elected throughout the hundred assemble annually; for example, upon Monday next ensuing the last of January, at the capital of their hundred. That they then and there elect out of the horse of their number one justice of the peace, one juryman, one captain, one ensign; and out of the foot of their number, one other juryman, one high constable, &c.
That every twenty hundreds lying nearest, and most conveniently together, be cast into one tribe, or shire. That the whole territory being after this manner cast into tribes, or shires, some town, village, or place, be appointed unto every tribe, or shire, for the capital of the same: and that these three precincts, that is, the parish, the hundred, and the tribe, or shire, whether the deputies thenceforth annually chosen in the parishes, or hundreds, come to increase, or diminish, remain firm, and unalterable for ever, save only by act of parliament.
That the deputies elected in the several parishes, together with their magistrates, and other officers, both civil and military, elected in their several hundreds, assemble, or muster annually; for example, upon Monday next ensuing the last of February, at the capital of their tribe, or shire.
That the whole body thus assembled upon the first day of the assembly, elect out of the horse of their number one high sheriff, one lieutenant of the tribe, or shire, one custos rotulorum, one conductor, and two censors. That the high sheriff be commander in chief, the lieutenant commander in the second place, and the conductor in the third, of this band, or squadron. That the custos rotulorum be muster-master, and keep the rolls. That the censors be governors of the ballot. And that the term of these magistracies be annual.
That the magistrates of the tribe, that is to say, the high sheriff, lieutenant, custos rotulorum, the censors, and the conductor, together with the magistrates and officers of the hundred, that is to say, the twenty justices of the peace, the forty jurymen, the twenty high constables, be one troop, and one company apart, called the prerogative troop, or company. That this troop bring in, and assist the justices of assize, hold the quarter-sessions in their several capacities, and perform their other functions as formerly.
That the magistrates of the tribe, or shire, that is to say, the high sheriff, lieutenant, custos rotulorum, the censors, and the conductor, together with the twenty justices elected at the hundreds, be a court for the government of the tribe called the phylarch; and that this court proceed in all matters of government, as shall from time to time be directed by act of parliament.
That the squadron of the tribe, upon the second day of their assembly, elect two knights and three burgesses out of the horse of their number, and four other burgesses out of the foot of their number. That the knights have session in the senate, for the term of three years, and that the burgesses be of the prerogative tribe, or representative of the people for the like term. That if in case of death, or expulsion, a place become void in the senate, or popular assembly, the respective shire or tribe have timely notice from the seignory, and proceed in the manner aforesaid unto extraordinary election of a deputy or senator, for the remaining part of the term of the senator or deputy, deceased or expelled.
That for the full and perfect institution, at once, of the assemblies mentioned, the squadron of each tribe or shire, in the first year of the commonwealth, elect two knights for the term of one year, two other knights for the term of two years, and lastly, two knights more for the term of three years; the like for the burgesses, of the horse first, and then for those of the foot.
That a magistrate, or officer elected at the hundred, be thereby barred from being elected a magistrate of the tribe, or of the first day’s election. That no former election whatsoever bar a man of the second day’s election at the tribe, or to be chosen a knight or burgess. That a man being chosen a knight or burgess, who before was chosen a magistrate or officer of the hundred or tribe, delegate his former office or magistracy in the hundred or the tribe, to any other deputy, being no magistrate nor officer, and being of the same hundred, and of the same order, that is, of the horse, or of the foot respectively. That the whole and every part of the foregoing orders for election in the parishes, the hundreds, and the tribes, be holding and inviolate upon such penalties, in case of failure, as shall hereafter be provided by act of parliament against any parish, hundred, tribe or shire, deputy or person so offending.
That the knights of the annual election in the tribes take their places on Monday next ensuing the last of March, in the senate. That the like number of knights, whose session determineth at the same time, recede. That every knight or senator be paid out of the publick revenue quarterly seventy-five pounds, during his term of session, and be obliged to fit in purple robes.
That annually upon reception of the new knights, the senate proceed unto election of new magistrates and counsellors. That for magistrates they elect one archon or general, one orator or speaker, and two censors, each for the term of one year, these promiscuously; and that they elect one commissioner of the great seal, and one commissioner of the treasury, each for the term of three years, out of the new knights only.
That the archon or general, and the orator or speaker, as consuls of the commonwealth, and presidents of the senate, be during the term of their magistracy paid quarterly five hundred pounds: that the ensigns of these magistracies be, a sword born before the general, and a mace before the speaker: that they be obliged to wear ducal robes: and that what is said of the archon or general in this proposition, be understood only of the general sitting, and not of the general marching.
That the general sitting, in case he be commanded to march, receive fieldpay; and that a new general be forthwith elected by the senate to succeed him in the house, with all the rights, ensigns and emoluments of the general sitting, and this so often as one or more generals are marching.
That the three commissioners of the great seal, and the three commissioners of the treasury, using their ensigns and habit, and performing their other functions as formerly, be paid quarterly unto each of them three hundred seventy-five pounds.
That the censors be each of them chancellor of one university by vertue of their election: that they govern the ballot: that they be presidents of the council for religion: that they have under appeal unto the senate right to note and remove a senator that is scandalous: that each have a silver wand for the ensign of his magistracy: that each be paid quarterly three hundred seventy-five pounds, and be obliged to wear scarlet robes.
That the general sitting, the speaker, and the six commissioners abovesaid, be the seigniory of this commonwealth.
That there be a council of state consisting of fifteen knights, five out of each order or election; and that the same be perpetuated by the annual election of five out of the new knights, or last elected into the senate.
That there be a council for religion consisting of twelve knights, four out of each order, and perpetuated by the annual election of four out of the knights last elected into the senate. That there be a council for trade consisting of a like number, elected and perpetuated in the same manner.
That there be a council of war, not elected by the senate, but elected by the council of state out of themselves. That this council of war consist of nine knights, three out of each order, and be perpetuated by the annual election of three out of the last knights elected into the council of state.
That in case the senate add nine knights more out of their own number into the council of war, the said council be understood by such addition, to be dictator of the commonwealth, for the term of three months, and no longer, except by further order of the senate the said dictatorian power be prolonged for a like term.
That the seigniory have session and suffrage, with right also, jointly or severally, to propose both in the senate and in all senatorian councils.
That each of the three orders or divisions of knights in each senatorian council elect one provost for the term of one week; and that any two provosts of the same council so elected may propose unto the respective council, and not otherwise.
That some fair room or rooms well furnished and attended, be allowed at the state’s charge for a free and open academy unto all comers, at some convenient hour or hours, towards the evening. That this academy be governed according to the rules of good breeding or civil conversation, by some or all of the proposers; and that in the same it be lawful for any man, by word of mouth, or by writing, in jest or in earnest, to propose unto the proposers.
That for embassadors in ordinary there be four residences, as France, Spain, Venice, and Constantinople. That every resident upon election of a new embassador in ordinary, remove to the next residence in the order nominated, till having served in them all, he return home. That upon Monday next ensuing the last of November, there be every second year elected by the senate some fit person, being under thirty-five years of age, and not of the senate, nor of the popular assembly. That the party so elected repair upon Monday next ensuing the last of March following, as embassador in ordinary unto the court of France, and there reside for the term of two years, to be computed from the first of April next ensuing his election. That every embassador in ordinary be allowed three thousand pounds a year, during the term of his residencies; and that if a resident come to die, there be an extraordinary election into his residence for his term, and for the remainder of his removes, and progress.
That all emergent elections be made by scrutiny, that is, by a council, or by commissioners proposing, and by the senate resolving in the manner following: that all field officers be proposed by the council of war: that all embassadors extraordinary be proposed by the council of state: that all judges and serjeants at law be proposed by the commissioners of the great seal. That all barons and officers of trust in the exchequer be proposed by the commissioners of the treasury, and that such as are thus proposed and approved by the senate, be held lawfully elected.
That the cognizance of all matter of state to be considered, or law to be enacted, whether it be provincial or national, domestick or foreign, appertain unto the council of state. That such affairs of either kind as they shall judge to require more secrecy, be remitted by this council, and appertain unto the council of war, being for that end a select part of the same. That the cognizance and protection both of the national religion, and of the liberty of conscience equally established, after the manner to be shewn in the religious part of this model, appertain unto the council for religion. That all matter of traffick and regulation of the same appertain unto the council for trade. That in the exercise of these several functions, which naturally are senatorian or authoritative only, no council assume any other power, than such only as shall be estated upon the same by act of parliament.
That what shall be proposed unto the senate by one or more of the seigniory or proposers general, or whatever was proposed by any two of the provosts, or particular proposers, unto their respective council; and upon debate at that council shall come to be proposed by the same unto the senate, be necessarily debatable and debated by the senate. That in all cases wherein power is derived unto the senate by law made or by act of parliament, the result of the senate be ultimate; that in all cases of law to be made, or not already provided for by act of parliament, as war and peace, levy of men, or money or the like, the result of the senate be not ultimate. That whatsoever is decreed by the senate upon a case wherein their result is not ultimate, be proposed by the senate unto the prerogative tribe, or representative of the people, except only in cases of such speed or secrecy, wherein the senate shall judge the necessary slowness, or openness, in this way of proceeding, to be of detriment, or danger unto the commonwealth.
That if upon the motion or proposition of a council or proposer general, the senate add nine knights, promiscuously chosen out of their own number unto the council of war; the same council, as thereby made dictator, have power of life and death, as also to enact laws in all such cases of speed or secrecy for and during the term of three months and no longer, except upon new order from the senate. And that all laws enacted by the dictator be good and valid for the term of one year and no longer, except the same be proposed by the senate, and resolved by the people.
That the burgesses of the annual election returned by the tribes, enter into the prerogative tribe, popular assembly, or representative of the people, upon Monday next ensuing the last of March; and that the like number of burgesses, whose term is expired, recede at the same time. That the burgesses thus entered, elect unto themselves out of their own number, two of the horse, one to be captain, and the other to be cornet of the same; and two of the foot, one to be captain, and the other to be ensign of the same; each for the term of three years. That these officers being thus elected, the whole tribe or assembly proceed to the election of four annual magistrates, two out of the foot to be tribunes of the foot, and two out of the horse to be tribunes of the horse. That the tribunes be commanders of this tribe in chief, so far as it is a military body, and presidents of the same, as it is a civil assembly. And lastly, that this whole tribe be paid weekly, as followeth: unto each of the tribunes of horse seven pounds. Unto each of the tribunes of foot six pounds. Unto each of the captains of horse five pounds. Unto each of the captains of foot four pounds. Unto each of the cornets three pounds. Unto each of the ensigns two pounds seven shillings. Unto every horseman two pound; and to every one of the foot one pound ten shillings.
That inferior officers, as captains, cornets, ensigns, be only for the military discipline of this squadron or tribe. That the tribunes have session in the senate without suffrage; that they have session of course and with suffrage in the dictatorian council, so often as it is created by the senate. That they be presidents of the court in all cases, to be judged by the people: and that they have right under an appeal unto popular assembly, to note or remove any deputy or burgess that is scandalous.
That peculate or defraudation of the publick, all cases tending to the subversion of the government, be triable by this representative; and that there be an appeal unto the same in all causes, and from all magistrates, courts, and councils, whether national or provincial.
That the right of debate, as also of proposing to the people, be wholly and only in the senate, without any power at all of result, not derived from the people.
That the power of result be wholly and only the popular assembly, without any right at all of debate.
That the senate having debated and agreed upon a law to be proposed, cause promulgation of the same to be made for the space of six weeks before proposition, that is, cause the law to be printed and published, so long before it is to be proposed.
That promulgation being made, the seigniory demand of the tribunes being present in the senate, an assembly of the people. That the tribunes upon such demand by the seigniory or by the senate, be obliged to assemble the prerogative tribe or representative of the people in arms by sound of trumpet with drums beating, and colours flying, in any town, field, or market-place, being not above six miles distant, upon the day and at the hour appointed, except the meeting through inconvenience of the weather, or the like, be prorogued by consent of the seigniory and the tribunes: that the prerogative tribe being assembly accordingly, the senate propose to them by two or more of the senatorian magistrates thereunto appointed, at the first promulgation of the law: that the proposers for the senate open unto the people the occasion, motives and reasons of the law to be proposed; and the same being done, put it by distinct clauses unto the ballot of the people. That if any material clause or clauses be rejected by the people, they be reviewed by the senate, altered, and proposed, if they think fit, to the third time, but no oftner.
That what is thus proposed by the senate, and resolved by the people, be the law of the land, and no other, except as in the case reserved unto the dictatorian council.
That every magistracy, office, or election, throughout this whole commonwealth, whether annual or triennial, be understood of consequence, to injoin an interval or vacation equal unto the term of the same. That the magistracy of a knight and of a burgess, be in this relation understood as one and the same; and that this order regard only such elections as are national and domestick, and not such as are provincial or foreign.
That for an exception to this rule, where there is but one elder of the horse in one and the same parish, that elder be eligible in the same without interval; and where there be four elders of the horse or above in one and the same parish, there be not under nor above half of them eligible at the same election.
That throughout all the assemblies and councils of this commonwealth, the quorum consist of one half in the time of health, and of one third part in a time of sickness, being so declared by the senate.