Part 13 (1/2)
”But the liveries, over and above the right of these elections by their divisions mentioned, being a.s.sembled all together at the guild of the city, const.i.tute another a.s.sembly called the common hall.
”The common hall has the right of two other elections; the one of the lord mayor, and the other of the two sheriffs, being annual magistrates.
The lord mayor can be elected out of no other than one of the twelve companies 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 the aldermen, they elect one by their scrutiny. For so they call it, though it differs from that of the commonwealth. The orator or a.s.sistant to the lord mayor in holding of his courts, is some able lawyer elected by the court of aldermen, and called the recorder of Emporium.
”The lord mayor being thus elected, has two capacities: 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 a.s.semble 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 whereinto the city is divided; one of which he is to bring up in person at the national muster to the ballot, as his vice-comites, or high sheriffs, are to do by the other two, each at their distinct pavilion, where the nine aldermen, elected censors, are to officiate 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 called the prime magnitude.
”The conveniences of this alteration of the city government, besides the bent of it to a conformity with that of the nation, were many, whereof I shall mention but a few: as first, whereas men under the former administration, when the burden of some of these magistracies lay for life, were oftentimes chosen not for their fitness, but rather unfitness, or at least unwillingness to undergo such a weight, whereby 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 private affairs. Secondly, whereas the city (inasmuch as the acts of the aristocracy, or court of aldermen, in their former way of proceeding, were rather impositions than propositions) was frequently disquieted with the inevitable consequence of disorder in the power of debate exercised by the popular part, or common council; the right of debate being henceforth established in the court of aldermen, and that of result in the common council, killed the branches of division in the root. Which for the present may suffice to have been said of the city of Emporium.
”That of Hiera consists as to the national government of two tribes, the first called agoroea, the second propola; but as to the peculiar policy of twelve manipuls, or wards divided into three cohorts, each cohort containing four wards, whereof 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 magistrates; by which the twelve burgesses, making one court for the government of this city according to their instructions by act of Parliament, fall likewise into an annual, triennial, and perpetual revolution.
”This court being thus const.i.tuted, makes election of divers magistrates; as first, of a high steward, who is commonly some person of quality, and this magistracy is elected in the Senate by the scrutiny of this court; with him they choose some 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, whereof 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 urns; 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 performed by ballot, and according to the respective rules already given.
”There be other cities and corporations throughout the territory, whose policy being much of this kind, would be tedious and not worth the labor to insert, nor dare I stay. Juvenum ma.n.u.s emicat ardens.”
I return, according to the method of the commonwealth, to the remaining parts 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 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 raised by the magic of nature; if she does not stand safe, and so that she may set him to some 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 whereby she sets them to it is education, the plastic art of government. But it is as frequent as sad in experience (whether through negligence, or, which in the consequence is all one or worse, over-fondness in the domestic performance of this duty) that innumerable children come to owe their utter perdition to their own parents, in each of which the commonwealth loses a citizen.
Wherefore the laws of a government, how wholesome 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 loathe and detest. The education therefore of a man's own children is not wholly to be committed or trusted to himself. You find in Livy the children of Brutus, having been bred under monarchy, and used to a court life, making faces at the Commonwealth 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 enemies. 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 wantons! Scipio, on the other side, when he was but a boy (about two or three and twenty), being informed that certain patricians of Roman gentlemen, through a qualm upon the defeat which Hannibal had given them at Cannae, were laying their heads together and contriving their flight with the transportation of their goods out of Rome, drew his sword, and setting himself at the door of the chamber where they were at council, protested ”that who did not immediately 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 world shall never see any man so sottish or wicked 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, though 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 been the constant practice of well-ordered commonwealths to commit the care and feeling of it to public magistrates. A duty that was performed in such a manner by the Areopagites, as is elegantly praised by Isocrates, ”the Athenians (says he) write not their laws upon dead walls, nor content themselves with having ordained 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 concerned the administration of the commonwealth, lest you should think he contradicts Xenophon and Polybius. The children of Lacedaemon, at the seventh year of their age, were delivered to the poedonomi, or schoolmasters, not mercenary, but magistrates of the commonwealth, to which they were accountable for their charge; and by these at the age of fourteen they were presented to other magistrates called the beidioei, having the inspection of the games and exercises, among which that of the platanista was famous, a kind of fight in squadrons, but somewhat too fierce. When they came to be of military age they were listed of the mora, and so continued in readiness for public service under the discipline of the polemarchs. But the Roman education and discipline by the centuries and cla.s.ses 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--
The twenty-sixth order, inst.i.tuting, ”That if a parent has but one son, the education of that one son shall be wholly at the disposition of that parent. But whereas there be free schools erected and endowed, or to be erected and endowed 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 governed by the strict inspection of the censors of the tribes, both upon the schoolmaster's 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 some 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 expect 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 some trade or otherwise, or to further study, as by sending them to the inns of court, of chancery, or to one of the universities of this nation. But he that takes not upon him one of the professions proper to some of those places, shall not continue longer in any of them than till he has attained 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. Phylarchs being satisfied 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 come in. And if any youth or other person of this nation have a desire to travel into foreign countries upon occasion of business, delight, or further improvement of his education, the same shall be lawful for him upon a pa.s.s obtained from the censors in Parliament, putting a convenient limit to the time, and recommending him to the amba.s.sadors by whom he shall be a.s.sisted, 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 countries, or some one of the countries, where he has been; and if it be good, the censors shall cause it to be printed and published, prefixing a line in commendation of the author.
”Every Wednesday next ensuing 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 repair at the sound of the bell to their respective church, and being there a.s.sembled in presence of the overseers, who are to govern the ballot, and the constable who is to officiate at the urn, shall, after the manner of the elders, elect every fifth man of their whole number (provided that they choose 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 entered in the parish book, and diligently preserved as a record, called 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 been one year of this list, is not capable of being re-elected till after another year's interval.
”Every Wednesday next ensuing the last of January, the stratiots being mustered at the rendezvous of their respective hundreds, shall, in the presence of the jurymen, who are overseers of that ballot, and of the high constable who is to officiate at the urn, 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 entered the list of the hundred into a record to be diligently kept at the rendezvous of the same, the first public game of this commonwealth shall begin and be performed in this manner. Whereas there is to be at every rendezvous of a hundred, one cannon, culverin, or saker, the prize arms being forged by sworn armorers of this commonwealth, and for their proof, besides their beauty, viewed and tried at the tower of Emporium, shall be exposed 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 horseman that gains the prize at the career, one suit of arms being of the value 20, to the pikeman that gains the prize at throwing the bullet, one suit of arms of the value of 10, to the musketeer that gains the prize at the mark with his musket, one suit of arms of the value of 10, and to the cannoneer that gains the prize at the mark with the cannon, culverin, or saker, a chain of silver being the value of 10, 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 attained to two or more of them at the games.
”The games being ended, and the muster dismissed, 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 duplicate of the same to the custos rotulorum, or muster-master 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 the list is without subterfuge or evasion; or, if it be not, an account of those upon whom the evasion or subterfuge lies, to the end that the phylarch or the censors may animadvert accordingly.
”And every Wednesday next ensuing 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 rendezvous 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 the parts of their military discipline according to the orders of Parliament, or direction of the Council of War in that case.
And the 100 allowed by the Parliament 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 prepared the urns by putting into the horse-urn 220 gold b.a.l.l.s, whereof ten are to be marked with the letter M and other ten with the letter P; into the foot-urn 700 gold b.a.l.l.s, whereof fifty are to be marked, with the letter M and fifty with the letter P; and after they have made the gold b.a.l.l.s in each urn, by the addition of silver b.a.l.l.s to the same, in number equal with the horse and foot of the stratiots, the lord lieutenant shall call the stratiots to the urns, where they that draw the silver b.a.l.l.s shall return to their places, and they that draw the gold b.a.l.l.s shall fall off to the pavilion, where, for the s.p.a.ce of one hour, they may chop and change their b.a.l.l.s according as one can agree with another, whose lot he likes better.
”But the hour being out, the conductor separating them whose gold b.a.l.l.s have no letter from those whose b.a.l.l.s are marked, shall cause the crier to call the alphabet, as first A; whereupon all they whose gold b.a.l.l.s are not marked, and whose surnames begin with the letter A, shall repair to a clerk 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 enrolled. And the youth of this list being 600 foot in a tribe, that is, 30,000 foot in all the tribes; and 200 horse in a tribe, that is, 10,000 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 b.a.l.l.s are marked with M, amounting, by twenty horse and fifty foot in a tribe, to 2,500 foot and 500 horse in all the tribes, and they whose b.a.l.l.s are marked with P, in every point correspondent, are parts of the third essay; they in 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 Parliament or the Dictator to march, the lord lieutenants (who have power to muster and discipline 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 rendezvous 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 armed, mounted, and distributed them, whether according to the recommendation of their prize arms, or otherwise, shall lead them away to his s.h.i.+pping, being also ready and provided with victuals, ammunition, artillery, and all other necessaries; 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 s.h.i.+pped, or marched out of their tribes, the lord lieutenants shall re-elect the second essay out of the remaining part of the first, and the Senate another strategus.
”If any veteran or veterans of this nation, the term of whose youth or militia is expired, having a desire to be entertained in the further service of the commonwealth, shall present him or themselves at the rendezvous of Oceana to the strategus, it is in his power to take on such and so many of 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 levies as they shall have made in either or both of the provinces to that end, shall receive auxiliaries by sea or elsewhere at some certain place, not exceeding his proper arms in number.
”And whosoever shall refuse any one of his three essays, except upon cause shown, he be dispensed withal by the phylarch, or, if the phylarch be not a.s.sembled, by the censors of his tribe, shall be deemed 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.