The Commonwealth of Oceana Part 9

The Romans were so curious that, though their consuls were elected in the centuriate a.s.semblies, they might not touch the militia, except they were confirmed in the parochial a.s.semblies; for a magistrate not receiving his power from the people, takes it from them, and to take away their power is to take away their liberty. As to the election by the scrutiny, it is easily perceived to be Venetian, there being no such way to take in the knowledge; which in all reason must be best in every council of such men as are most fit for their turns, and yet to keep them from the bias of particular affection or interest under that pretence; for the cause why the great Council in Venice scarce ever elects any other than the name that is brought in by the scrutiny, is very probable to be, that they may... This election is the last of those appertaining to the Senate. The councils being chosen by the orders already shown, it remains that we come to those whereby they are instructed and the orders of instruction to the councils are two: the first for the matter whereupon they are to proceed, and the second for the manner of their proceeding. The matter of the councils is distributed to them by--

The nineteenth order "Distributing to every council such businesses as are properly to belong to their cognizance, whereof some they shall receive and determine, and others they shall receive, prepare, and introduce into the house: as, first,

"The Council of State is to receive all addresses, intelligences, and letters of negotiation; to give audience to amba.s.sadors sent to, and to draw up instructions for such as shall be sent by, this commonwealth; to receive propositions from, and hold intelligence with, the provincial councils; to consider upon all laws to be enacted, amended, or repealed, and upon all levies of men or money, war or peace, leagues or a.s.sociations to be made by this commonwealth, so far forth as is conducible to the orderly preparation of the same to be introduced by them into the Senate; provided, that all such affairs, as otherwise appertaining to the Council of State, are, for the good of the commonwealth, to be carried with greater secrecy, be managed by the Council of War, with power to receive and send forth agents, spies, emissaries, intelligencers, frigots, and to manage affairs of that nature, if it be necessary without communication to the Senate, till such time as it may be had without detriment to the business. But they shall have no power to engage the commonwealth in a war without the consent of the Senate and the people. It appertains also to this council to take charge of the fleet as admiral, and of all storehouses, armories, a.r.s.enals, and magazines appertaining to this commonwealth.

They shall keep a diligent record of the military expeditions from time to time reported by him that was strategus or general, or one of the polemarchs in that action; or at least so far as the experience of such commanders may tend to the improvement of the military discipline, which they shall digest and introduce into the Senate; and if the Senate shall thereupon frame any article, they shall see that it be observed, in the musters or education of the youth. And whereas the Council of War is the sentinel or scout of this commonwealth, if any person or persons shall go about to introduce debate into any popular a.s.sembly of the same, or otherwise to alter the present government, or strike at the root of it, they shall apprehend, or cause to be apprehended, seized, imprisoned, and examine, arraign, acquit, or condemn, and cause to be executed any such person or persons, by their proper power and authority and without appeal.

"The Council of Religion, as the arbiter of this commonwealth in cases of conscience more peculiarly appertaining to religion, Christian charity, and a pious life, shall have the care of the national religion, and the protection of the liberty of conscience with the cognizance of all causes relating to either of them. And first as to the national religion: they shall cause all places or preferments of the best revenue in either of the universities to be conferred upon no other than such of the most learned and pious men as have dedicated themselves to the study of theology. They shall also take a special care that, by such augmentations as be or shall hereafter be appointed by the Senate, every benefice in this nation be improved at least to the value of 100 a year. And to the end that there be no interest at all, whereby the divines or teachers of the national religion may be corrupted, or corrupt religion, they shall be capable of no other kind of employment or preferment in this commonwealth. And whereas a directory for the administration of the national religion is to be prepared by this council, they shall in this and other debates of this nature proceed in manner following: a question arising in matter of religion shall be put and stated by the council in writing, which writing the censors shall send by their beadles (being proctors chosen to attend them) each to the university whereof he is chancellor, and the vice-chancellor of the same receiving the writing, shall call a convocation of all the divines of that university being above forty years of age. And the universities, upon a point so proposed, shall have no manner of intelligence or correspondence one with another, till their debates be ended, and they have made return of their answers to the Council of Religion by two or three of their own members, that they may clear their sense, if any doubt should arise, to the council, which done, they shall return, and the council, having received such information, shall proceed according to their own judgments, in the preparation of the whole matter for the Senate: that so the interest of the learned being removed, there may be a right application of reason to Scripture, which is the foundation of the national religion.

"Secondly, this council, as to the protection of the liberty of conscience, shall suffer no coercive power in the matter of religion to be exercised in this nation; the teachers of the natural religion being no other than such as voluntarily undertake that calling, and their auditors or hearers no other than are also voluntary. Nor shall any gathered congregation be molested or interrupted in their way of worship (being neither Jewish nor idolatrous), but vigilantly and vigorously protected and defended in the enjoyment, practice, and profession of the same. And if there be officers or auditors appointed by any such congregation for the introduction of causes into the Council of Religion, all such causes so introduced shall be received, heard, and determined by the same, with recourse had, if need be, to the Senate.

"Thirdly, every pet.i.tion addressed to the Senate, except that of a tribe, shall be received, examined, and debated by this council; and such only as they, upon such examination and debate had, shall think fit, may be introduced into the Senate.

"The Council of Trade being the vena porta of this nation, shall hereafter receive instructions more at large. For the present, their experience, attaining to a right understanding of those trades and mysteries that feed the veins of this commonwealth, and a true distinction of them from those that suck or exhaust the same, they shall acquaint the Senate with the conveniences and inconveniences, to the end that encouragement may be applied to the one, and remedy to the other.

"The Academy of the provosts, being the affability of the commonwealth, shall a.s.semble every day toward the evening in a fair room, having certain withdrawing-rooms thereto belonging; and all sorts of company that will repair thither for conversation or discourse, so it be upon matters of government, news, or intelligence, or to propose anything to the councils, shall be freely and affably received in the outer chamber, and heard in the way of civil conversation, which is to be managed without any other awe or ceremony than is thereto usually appertaining, to the end that every man may be free, and that what is proposed by one, may be argued or discoursed by the rest, except the matter be of secrecy; in which case the provosts, or some of them, shall take such as desire audience into one of the withdrawing-rooms. And the provosts are to give their minds that this academy be so governed, adorned, and preserved, as may be most attractive to men of parts and good affections to the commonwealth, for the excellency of the conversation.

"Furthermore, if any man, not being able or willing to come in person, has any advice to give which he judges may be for the good of the commonwealth, he may write his mind to the Academy of the provosts, in a letter signed or not signed, which letter shall be left with the doorkeeper of the Academy. Nor shall any person delivering such a letter be seized, molested, or detained, though it should prove to be a libel.

But the letters so delivered shall be presented to the provosts; and in case they be so many that they cannot well be perused by the provosts themselves, they shall distribute them as they please to be read by the gentlemen of the Academy, who, finding anything in them material, will find matter of discourse; or if they happen upon a business that requires privacy, return it with a note upon it to a provost. And the provosts by the secretaries attending shall cause such notes out of discourses or letters to be taken as they please, to the end that they may propose, as occasion serves, what any two of them shall think fit out of their notes so taken to their respective councils; to the end that not only the ear of the commonwealth be open to all, but that men of such education being in her eve, she may upon emergent elections or occasions be always provided of her choice of fit persons.

"Every council being adorned with a state for the signory, shall be attended by two secretaries, two doorkeepers, and two messengers-in-ordinary, and have power to command more upon emergencies, as occasion requires. And the Academy shall be attended with two secretaries, two messengers, and two doorkeepers; this with the other councils being provided with their further conveniences at the charge of the State.

"But whereas it is incident to commonwealths, upon emergencies requiring extraordinary speed or secrecy, either through their natural delays or unnatural haste, to incur equal danger, while holding to the slow pace of their orders, they come not in time to defend themselves from some sudden blow; or breaking them for the greater speed, they but haste to their own destruction; if the Senate shall at any time make election of nine knights-extraordinary, to be added to the Council of War, as a juncta for the term of three months, the Council of War with the juncta so added, is for the term of the same Dictator of Oceana, having power to levy men and money, to make war and peace, as also to enact laws, which shall be good for the s.p.a.ce of one year (if they be not sooner repealed by the Senate and the people) and for no longer time, except they be confirmed by the Senate and the people. And the whole administration of the commonwealth for the term of the said three months shall be in the Dictator, provided that the Dictator shall have no power to do anything that tends not to his proper end and inst.i.tution, but all to the preservation of the commonwealth as it is established, and for the sudden rest.i.tution of the same to the natural channel and common course of government. And all acts, orders, decrees, or laws of the Council of War with the junota being thus created, shall be signed,

"DICTATOR OCEANAE."

This order of instructions to the councils being (as in a matter of that nature is requisite) very large, I have used my best skill to abbreviate it in such manner as might show no more of it than is necessary to the understanding of the whole, though as to the parts, or further duties of the councils, I have omitted many things of singular use in a commonwealth. But it was discoursed at the council by the Archon in this manner:

"MY LORDS, THE LEGISLATORS:

"Your councils, except the Dictator only, are proper and native springs and sources, you see, which (hanging a few sticks and straws, that, as less considerable, would otherwise be more troublesome, upon the banks of their peculiar channels) derive the full stream of business into the Senate, so pure, and so far from the possibility of being troubled or stained (as will Undeniably appear by the course contained in the ensuing order) with any kind of private interest or partiality, that it shall never be possible for any a.s.sembly hearkening to the advice or information of this or that worthy member (either instructed upon his pillow, or while he was making himself ready, or by the pet.i.tion or ticket which he received at the door) to have half the security in his faith, or advantage by his wisdom; such a Senate or council being, through the uncertainty of the winds, like a wave of the sea. Nor shall it otherwise mend the matter by flowing up into dry ditches, or referring businesses to be better examined by committees, than to go further about with it to less purpose; if it does not ebb back again with the more mud in it. For in a case referred to an occasional committee, of which any member that is desirous may get himself named, and to which n.o.body will come but either for the sake of his friend or his own interest; it fares little better as to the information of the Senate, than if it had been referred to the parties. Wherefore the Athenians being distributed into four tribes, out of which by equal numbers they annually chose 400 men, called the Senate of the Bean, because the ballot at their election was performed by the use of beans, divided them by fifties into eight parts. And every fifty in their turn, for one-eighth part of the year, was a council apart called the Prytans.

"The Prytans in their distinct council receiving all comers, and giving ear to every man that had anything to propose concerning the commonwealth, had power to debate and prepare all the businesses that were to be introduced into the Senate. The Achaeans had ten selected magistrates called the demiurgs, const.i.tuting a council apart called the synarchy, which, with the strategus, prepared all the business that was introduced into their Senate. But both the Senate of the Athenians, and that of the Achaeans, would have wondered if a man had told them that they were to receive all comers and discourses, to the end that they might refer them afterward to the Prytans or the synarchy, much less to an occasional committee, exposed to the catch that catch may of the parties interested. And yet Venice in this, as in most of her orders, excels them all by the const.i.tution of her councils, that of the College, and the other of the Dieci, or Council of Ten. The course of the College is exactly described in the ensuing order: and for that of the Dieci, it so little differs from what it has bestowed upon Our Dictator, that I need not make any particular description of it. But to dictatorian power in general, and the use of it (because it must needs be of difficult digestion to such as, puking still at ancient prudence, show themselves to be in the nursery of mother-wit); it is no less than necessary to say something. And, first, in a commonwealth that is not wrought up, or perfected, this power will be of very frequent, if not continual, use; wherefore it is said more than once, upon defects of the government, in the book of Judges, 'that in those days there was no king in Israel.' Nor has the translator, though for 'no king, he should have said 'no judge,' abused you so much; seeing that the Dictator (and such was the Judge of Israel) or the dictatorian power being in a single person, so little differs from monarchy, which followed in that, that from the same cause there has been no other effect in any commonwealth: as in Rome was manifest by Sylla and Caesar, who to make themselves absolute or sovereign, had no more to do than to prolong their magistracy, for the dictatorian power was reputed divine, and therefore irresistible.

"Nevertheless, so it is, that without this power, which is so dangerous, and subject to introduce monarchy, a commonwealth cannot be safe from falling into the like dissolution; unless you have an expedient in this case of your own, and bound up by your providence from recoiling.

Expedients in some cases you must not only have, but be beholden for them to such whom you must trust at a pinch, when you have not leisure to stand with them for security; which will be a thousand times more dangerous. And there can never be a commonwealth otherwise than by the order in debate wrought up to that perfection; but this necessity must sometimes happen in regard of her natural slowness and openness, and the suddenness of a.s.saults that may be made upon her, as also the secrecy which in some cases may be of absolute necessity to her affairs. Whence Machiavel concludes it positively, that a commonwealth unprovided of such a refuge, must fall to ruin; for her course is either broken by the blow in one of those cases, or by herself, while it startles her out of her orders. And indeed a commonwealth is like a greyhound, which, having once coasted, will never after run fair, but grow slothful; and when it comes to make a common practice of taking nearer ways than its orders, it is dissolved: for the being of a commonwealth consists in its orders.

Wherefore at this list you will be exposed to danger, if you have not provided beforehand for the safety of your resort in the like cases: nor is it sufficient that your resort be safe, unless it be as secret and quick; for if it be slow or open, your former inconveniences are not remedied.

"Now for our imitation in this part, there is nothing in experience like that of the Council of Ten in Venice; the benefit whereof would be too long to be shown in the whole piece, and therefore I shall take but a pattern out of Janotti. In the war, says he, which the Venetians had with Florence in Casentin, the Florentines, finding a necessity in their affairs far from any other inclination in themselves to ask their peace, sent amba.s.sadors about it to Venice, where they were no sooner heard, than the bargain was struck up by the Council of Ten: and everybody admiring (seeing this commonwealth stood upon the higher ground) what should be the reason of such haste, the council upon the return of the amba.s.sadors imparted letters to the Senate, whereby it appeared that the Turks had newly launched a formidable fleet against their State, which, had it been understood by the Florentines, it was well enough known they would have made no peace. Wherefore the service of the Ten was highly applauded by the Senate, and celebrated by the Venetians. Whereby may appear not only in part what use there is of dictatorian power in that government, but that it is a.s.sumed at the discretion of that Council; whereas in this of Oceana it is not otherwise intrusted than when the Senate, in the election of nine knights-extraordinary, gives at once the commission, and takes security in a balance, added to the Council of War, though securer before by the tribunes of the people than that of Venice, which yet never incurred jealousy; for if the younger n.o.bility have been often girding at it, that happened not so much through the apprehension of danger in it to the commonwealth, as through the awe of it upon themselves. Wherefore the graver have doubtlessly shown their prudence in the law whereby the magistracy of these councillors being to last till' their successors be created, the council is established."

The instructions of the councils for their matter being shown, it remains that I show the instructions for the manner of their proceeding, as they follow in--

The twentieth order, "Containing the method of debates to be observed by the magistrates and the councils successively in order to a decree of the Senate.

"The magistrates of the signory, as councillors of this commonwealth, shall take into their consideration all matters of state or of government; and, having right to propose in any council, may, any one or more of them, propose what business he or they please in that council to which it most properly belongs. And, that the councils may be held to their duty, the said magistrates are superintendents and inspectors of the same, with right to propose to the Senate.

"The censors have equal power with these magistrates, but in relation to the Council of Religion only.

"Any two of the three provosts in every council may propose to, and are the more peculiar proposers of, the same council; to the end that there be not only an inspection and superintendency of business in general, but that every work be also committed to a peculiar hand.

"Any one or more of the magistrates, or any two of the provosts respectively having proposed, the council shall debate the business so proposed, to which they of the third region that are willing shall speak first in their order; they of the second, next; and they of the first, last; and the opinions of those that proposed or spoke, as they shall be thought the most considerable by the council, shall be taken by the secretary of the same in writing, and each of them signed with the name of the author.

"The opinions being thus prepared, any magistrate of the signory, the censors, or any two of the provosts of that council, upon this occasion may a.s.semble the Senate.

"The Senate being a.s.sembled, the opinions (for example, if they be four) shall be read in their order, that is, according to the order or dignity of the magistrates or councillors by which they were signed. And being read, if any of the council introducing them will speak, they, as best acquainted with the business, shall have precedence; and after them the senators shall speak according to their regions, beginning by the third first, and so continuing till every man that will has spoken; and when the opinions have been sufficiently debated, they shall be put all together to the ballot after this manner:

"Four secretaries, carrying each of them one of the opinions in one hand, with a white box in the other, and each following the other, according to the order of the opinions, shall present his box, naming the author of his opinion to every senator; and one secretary or ballotin with a green box shall follow the four white ones; and one secretary or ballotin with a red box shall follow the green one; and every senator shall put one ball into some one of these six boxes. The suffrage being gathered and opened before the signory, if the red box or non-sincere had above half the suffrages, the opinions shall be all cast out, for the major part of the house is not clear in the business. If no one of the four opinions had above half the suffrages in the affirmative, that which had fewest shall be cast out, and the other three shall be balloted again. If no one of the three had above half, that which had fewest shall be cast out, and the other two shall ballot again. If neither of the two had above half, that which had fewest shall be cast out, and the remaining opinion shall be balloted again. And if the remaining opinion has not above half, it shall also be cast out.

But the first of the opinions that arrives at most above half in the affirmative, is the decree of the Senate. The opinions being all of them cast out by the non-sincere, may be reviewed, if occasion permits, by the council, and brought in again. If they be cast out by the negative, the case being of advice only; the house approves not, and there is an end of it: the case being necessary, and admitting delay, the council is to think again upon the business, and to bring in new opinions; but the case being necessary, and not admitting delay, the Senate immediately electing the juncta shall create the Dictator. 'And let the Dictator,'

as the Roman saying is, 'take care that the commonwealth receives no harm.'"

This in case the debate concludes not in a decree. But if a decree be pa.s.sed, it is either in matter of state or government according to law enacted already, and then it is good without going any further, or it is in matter of law to be enacted, repealed, or amended; and then the decree of the Senate, especially if it be for a war, or for a levy of men or money, is invalid, without the result of the commonwealth, which is in the prerogative tribe, or representative of the people.

"The Senate having prepared a decree to be proposed to the people, shall appoint their proposers; and no other may propose for the Senate to the people but the magistrates of the house; that is to say, the three commissioners of the seal, or any two of them; the three of the Treasury, or any two of them; or the two censors.

"The Senate having appointed their proposers, shall require of the tribunes a muster of the people at a set time and place: and the tribunes or any two of them having mustered the people accordingly, the proposers shall propose the sense or decree of the Senate by clauses to the people. And that which is proposed by the authority of the Senate, and resolved by the command of the people, is the law of Oceana." To this order, implicitly containing the sum very near of the whole civil part of the commonwealth, my Lord Archon spoke thus in council:

"MY DEAR LORDS:

"There is a saying, that a man must cut his coat according to his cloth.

When I consider what G.o.d has allowed or furnished to our present work, I am amazed. You would have a popular government; he has weighed it to you in the present balance, as I may say, to a drachm; you have no more to do but to fix it. For the superstructures of such a government they require a good aristocracy: and you have, or have had a n.o.bility or gentry the best studied, and the best writers, at least next that of Italy, in the whole world; nor have they been inferior, when so exercised, in the leading of armies. But the people are the main body of a commonwealth; show me from the treasuries of the snow (as it is in Job) to the burning zone a people whose shoulder so universally and so exactly fits the corselet. Nevertheless, it were convenient to be well provided with auxiliaries. There is Marpesia, through her fruitfulness, inexhaustible of men, and men through her barrenness not only enured to hardship, but in your arms. It may be said that Venice, excepting only that she takes not in the people, is the most incomparable situation of a commonwealth. You are Venice, taking in your people and your auxiliaries too. My lords, the children of Israel were makers of brick before they were builders of a commonwealth; but our brick is made, our mortar tempered, the cedars of Lebanon are hewed and squared to our hands. Has this been the work of man? Or is it in man to withstand this work? 'Shall he that contends with the Almighty instruct him? He that reproves G.o.d, let him answer it.' For our parts, everything is so laid that when we come to have use of it, it is the next at hand; and unless we can conceive that G.o.d and nature do anything in vain, there is no more for us to do but to despatch. The piece which we have reached to us in the foregoing orders, is the aristocracy. Athens, as has been shown, was plainly lost through the want of a good aristocracy.

"But the sufficiency of an aristocracy goes demonstrably upon the hand of the n.o.bility or gentry; for that the politics can be mastered without study, or that the people can have leisure to study, is a vain imagination; and what kind of aristocracy divines and lawyers would make, let their incurable running upon their own narrow bias and their perpetual invectives against Machiavel (though in some places justly reprovable, yet the only politician, and incomparable patron of the people) serve for instruction. I will stand no more to the judgment of lawyers and divines in this work, than to that of so many other tradesmen; but if this model chances to wander abroad, I recommend it to the Roman speculativi (the most complete gentlemen of this age) for their censure; or with my Lord Epimonus his leave, send 300 or 400 copies to your agent at Venice to be presented to the magistrates there; and when they have considered them, to be proposed to the debate of the Senate, the most competent judges under heaven, who, though they have great affairs, will not refuse to return you the oracle of their ballot.

The councillors of princes I will not trust; they are but journeymen.

The wisdom of these later times in princes' affairs (says Verulamius) is rather fine deliveries and shiftings of dangers when they be near, than solid and grounded courses to keep them off. Their councillors do not derive their proceedings from any sound root of government that may contain the demonstration, and a.s.sure the success of them, but are expedient-mongers, givers of themselves to help a lame dog over a stile; else how comes it to pa.s.s that the fame of Cardinal Richelieu has been like thunder, whereof we hear the noise, but can make no demonstration of the reason? But to return: if neither the people, nor divines and lawyers, can be the aristocracy of a nation, there remains only the n.o.bility; in which style, to avoid further repet.i.tion, I shall understand the gentry also, as the French do by the word n.o.blesse.

"Now to treat of the n.o.bility in such sort as may be less obnoxious to mistake, it will be convenient, and answerable to the present occasion, that I divide my discourse into four parts:

"The first, treating of n.o.bility, and the kinds of it;

"The second, of their capacity of the Senate;

"The third, of the divers kinds of senates;

"The fourth, of the Senate, according to the foregoing orders.

"n.o.bility may be defined divers ways; for it is either ancient riches, or ancient virtue, or a t.i.tle conferred by a prince or a commonwealth.

"n.o.bility of the first kind may be subdivided into two others, such as hold an overbalance in dominion or property to the whole people, or such as hold not an overbalance, in the former case, a n.o.bility (such was the Gothic, of which sufficient has been spoken) is incompatible with popular government; for to popular government it is essential that power should be in the people, but the overbalance of a n.o.bility in dominion draws the power to themselves. Wherefore in this sense it is that Machiavel is to be understood, where he says, that these are pernicious in a commonwealth; and of France, Spain, and Italy, that they are nations which for this cause are the corruption of the world: for otherwise n.o.bility may, according to his definition (which is, 'that they are such as live upon their own revenues in plenty, without engagement either to the tilling of their lands, or other work for their livelihood '), hold an underbalance to the people; in which case they are not only safe, but necessary to the natural mixture of a well-ordered commonwealth.

"For how else can you have a commonwealth that is not altogether mechanic? or what comparison is there of such commonwealths as are, or come nearest to mechanic--for example, Athens, Switzerland, Holland, to Lacedaemon, Rome, and Venice, plumed with their aristocracies? Your mechanics, till they have first feathered their nests, like the fowls of the air whose whole employment is to seek their food, are so busied in their private concernments that they have neither leisure to study the public, nor are safely to be trusted with it, because a man is not faithfully embarked in this kind of ship, if he has no share in the freight. But if his share be such as gives him leisure by his private advantage to reflect upon that of the public, what other name is there for this sort of men, being a leur aise, but (as Machiavel you see calls them) n.o.bility? Especially when their families come to be such as are noted for their services done to the commonwealth, and so take into their ancient riches ancient virtue, which is the second definition of n.o.bility, but such a one as is scarce possible in nature without the former. 'For as the baggage,' says Verulamius, 'is to an army, so are riches to virtue; they cannot be spared nor left behind, though they be impediments, such as not only hinder the march, but sometimes through the care of them lose or disturb the victory.' Of this latter sort is the n.o.bility of Oceana; the best of all others because they, having no stamp whence to derive their price, can have it no otherwise than by their intrinsic value. The third definition of n.o.bility, is a t.i.tle, honor, or distinction from the people, conferred or allowed by the prince or the commonwealth. And this may be two ways, either without any stamp or privilege, as in Oceana; or with such privileges as are inconsiderable, as in Athens after the battle of Plataea, whence the n.o.bility had no right, as such, but to religious offices, or inspection of the public games, to which they were also to be elected by the people; or with privileges, and those considerable ones, as the n.o.bility in Athens before the battle of Plataea, and the patricians in Rome each of which had right, or claimed it, to the Senate and all the magistracies; wherein for some time they only by their stamp were current.

"But to begin higher, and to speak more at large of n.o.bility in their several capacities of the Senate. The phylarchs, or princes of the tribes of Israel, were the most renowned, or, as the Latin, the most n.o.ble of the congregation, whereof by hereditary right they had the leading and judging. The patriarchs, or princes of families, according as they declared their pedigrees, had the like right as to their families; but neither in these nor the former was there any hereditary right to the Sanhedrim: though there be little question but the wise men and understanding, and known among their tribes, which the people took or elected into those or other magistracies, and whom Moses made rulers over them, must have been of these, seeing they could not choose but be the most known among the tribes, and were likeliest by the advantages of education to be the most wise and understanding.

"Solon having found the Athenians neither locally nor genealogically, but by their different ways of life, divided into four tribes--that is, into the soldiery, the tradesmen, the husbandmen, and the goatherds--inst.i.tuted a new distribution of them, according to the sense or valuation of their estates, into four cla.s.ses: the first, second, and third consisting of such as were proprietors in land, distinguished by the rate of their freeholds, with that stamp upon them, which making them capable of adding honor to their riches, that is to say, of the Senate, and all the magistracies, excluded the fourth, being the body of the people, and far greater in number than the former three, from all other right, as to those capacities, except the election of these, who by this means became an hereditary aristocracy or senatorian order of n.o.bility. This was that course which came afterward to be the destruction of Rome, and had now ruined Athens. The n.o.bility, according to the inevitable nature of such a one, having laid the plot how to divest the people of the result, and so to draw the whole power of the commonwealth to themselves; which in all likelihood they had done, if the people, coming by mere chance to be victorious in the battle of Plataea, and famous for defending Greece against the Persians, had not returned with such courage as irresistibly broke the cla.s.ses, to which of old they had borne a white tooth, brought the n.o.bility to equal terms, and the Senate with the magistracies to be common to both; the magistracies by suffrage, and the Senate (which was the mischief of it, as I shall show anon in that const.i.tution) by lot only." The Lacedaemonians were in the manner, and for the same cause with the Venetians at this day, no other than a n.o.bility even according to the definition given of n.o.bility by Machiavel; for they neither exercised any trade, nor labored their lands or lots, which was done by their helots: wherefore some n.o.bility may be far from pernicious in a commonwealth by Machiavel's own testimony, who is an admirer of this, though the servants thereof were more in number than the citizens. To these servants I hold the answer of Lycurgus--when he bade him who asked why he did not admit the people to the government of his commonwealth, to go home and admit his servants to the government of his family-to relate: for neither were the Lacedaemonians servants, nor, further, capable of the government, unless, whereas the congregation had the result, he should have given them the debate also; every one of these that attained to sixty years of age, and the major vote of the congregation, being equally capable of the Senate.

"The n.o.bility of Rome, and their capacity of the Senate, I have already described by that of Athens before the battle of Plataea, saving only that the Athenian was never eligible into the Senate without the suffrage of the people till the introduction of the lot, but the Roman n.o.bility ever: for the patricians were elected into the Senate by the kings; by the consuls, or the censors, or if a plebeian happened to be conscribed, he and his posterity became patricians. Nor, though the people had many disputes with the n.o.bility, did this ever come in controversy, which, if there had been nothing else, might in my judgment have been enough to overturn that commonwealth.

"The Venetian n.o.bility, but that they are richer, and not military, resemble at all other points the Lacedaemonian, as I have already shown.

These Machiavel excepts from his rule, by saying that their estates are rather personal than real, or of any great revenue in land, which comes to our account, and shows that a n.o.bility or party of the n.o.bility, not overbalancing in dominion, is not dangerous, but of necessary use in every commonwealth, provided it be rightly ordered; for if it be so ordered as was that of Rome, though they do not overbalance at the beginning, as they did not there, it will not be long ere they do, as is clear both in reason and experience toward the latter end. That the n.o.bility only be capable of the Senate is there only not dangerous, where there be no other citizens, as in this government and that of Lacedaemon.