<!DOCTYPE ETS PUBLIC "-//UMDLPS//DTD EEBOPROOF 2.0//EN">
<ETS>
<TEMPHEAD>
<REVDESCR>
<CHANGE>
<DATE>2007-08-07</DATE>
<RESPSTMT>
<NAME>Angela Berkley</NAME>
<RESP>MURP</RESP>
</RESPSTMT>
<ITEM>Added TYPEs to DIVs in order to validate. Proofed title page(s). Checked for N=""s. Checked for GROUP tags. Checked ^s. Reviewed structure. Checked division-marking material at heads and feet of divisions (HEADS,  CLOSER, OPENER, ARGUMENT, EPIGRAPH, SIGNED, BYLINE, etc.). Checked for signatures. Checked placement and completeness of PBs. Checked for damage GAPs, #s, @s, --s, and UNCLEARs. Corrected ** $s and $word$s etc. of **. Converted __ $$s to GAP DESC="illegible" RESP="[vendor name]". Checked spacing of foreign GAPs.  Checked for LBs. Checked for startqs, endqs, oes, q;s, and Qs. Checked proofsheets and made corrections found there.  Checked for FIGUREs and decorated initials. Checked for missing-page GAPs. Revalidated. </ITEM>
</CHANGE>
</REVDESCR>
</TEMPHEAD>
<EEBO>
<IDG S="marc" R="UM" ID="A87138">
<STC T="W">H821</STC>
<STC T="T">E1013_7</STC>
<BIBNO T="umi">99862816</BIBNO>
<VID>168757</VID>
</IDG>
<TEXT LANG="eng">
<FRONT>
<DIV1 TYPE="title page">
<PB REF="1" MS="y">
<P>THE ROTA: OR, A MODEL OF A FREE-STATE, Or equall <HI>COMMON-WEALTH:</HI> Once propo&s;ed and debated in brief, and to be again more at large propo&s;ed to, and debated by a free and open Society of ingenious Gentlemen.</P>
<Q>Ite fortes, ite foelices.</Q>
<P><HI>LONDON,</HI> Printed for <HI>John Starkey</HI> at the <HI>Miter,</HI> near the <HI>Middle-Temple</HI> Gate in <HI>Fleet-&s;treet,</HI> 1660.</P>
</DIV1>
</FRONT>
<BODY>
<DIV1 TYPE="introduction">
<PB REF="2">
<PB N="1" REF="2">
<HEAD>At the <HI>ROTA.</HI>
December 20. 1659.</HEAD>
<P>RE&s;olved, That the Propo&s;er be de&s;ired, and is hereby de&s;ired to bring in a Modell of a Free State, or Equall Common-Wealth, at large, to be farther debated by this Society, and that in Order thereunto it be fir&s;t Printed.</P>
<P>Re&s;olved, That the Modell being Propo&s;ed in Print, &s;hall be fir&s;t Read, and then Debated by Clau|&s;es.</P>
<P>Re&s;olved, That a Clau&s;e being Read over night, the Debate thereupon begin not at the &s;oone&s;t till the next evening.</P>
<P>Re&s;olved, That &s;uch as will Debate, be de&s;ired to bring in their Quaeres upon, or Objections again&s;t the Clau&s;e in Debate, if they think fit, in writing.</P>
<P><PB N="2" REF="3">
Re&s;olved, That Debate being &s;ufficiently had up|on a Clau&s;e, the Que&s;tion be put by the Ballatting-Box, not any way to determine of, or meddle with the Govern|ment of the&s;e Nations, but to di&s;cover the Judgement of this Society, upon the Forme of Popular Govern|ment, in ab&s;tract, or <HI>&s;ecundum artem&punc;</HI></P>
</DIV1>
<DIV1 TYPE="introduction">
<PB N="3" REF="3">
<HEAD>THE PRINCIPLES OF GOVERNMENT:</HEAD>
<P>ALL Government is Founded upon over-bal|lance, in Propriety.</P>
<P>If one Man hold the over-ballance unto the whole People in Propriety, his Propriety cau&s;eth ab&s;o|lute Monarchy.</P>
<P>If the Few hold the over-ballance unto the whole People in Propriety, their Propriety cau&s;eth Ari&s;to|cracie, or mixed Monarchy.</P>
<P>If the whole People be neither over-ballanced by the Propriety of one, nor of a few, the Propriety of the People, or of the Many, cau&s;eth Democracie, or Popular Government.</P>
<P>The Government of one again&s;t the Ballance, is Ty|ranny.</P>
<P>The Government of the few again&s;t the Ballance, is Oligarchie.</P>
<P>The Government of the many, (or Attempt of the People to Govern) again&s;t the Ballance, is Rebellion, or Anarchy.</P>
<P><PB N="4" REF="4">
Where the Ballance of Propriety is equall, it cau|&s;eth a &s;tate of Warr.</P>
<P>To hold, That Government may be founded upon Community, is to hold, That there may be a black Swan, or a Ca&s;tle in the ayr; or, That what thing &s;o|ever is as imaginable, as what hath been in practi&s;e, mu&s;t be as practicable, as what hath been in practi&s;e.</P>
<P>If the over-ballance of Propriety be in one Man, it Nece&s;&s;itateth the Forme of the Government to be like that of <HI>Turkey.</HI></P>
<P>It the over-ballance of Propriety be in the Few, it Nece&s;&s;itateth the Forme of the Government to be like that of King, Lords, and Commons.</P>
<P>If the People be not over-ballanced by one, or a few, they are not capable of any other Forme of Govern|ment, then that of a Senate, and a Popular A&s;&s;embly. For example, as followeth:</P>
</DIV1>
<DIV1 TYPE="summary">
<PB N="5" REF="4">
<HEAD>For the FORM or MODEL In Brief of a <HI>FREE-STATE,</HI> or equall COMMON-WEALTH; <HI>It hath been propo&s;ed in this manner.</HI></HEAD>
<P N="1">1. LEt the whole Territory of <HI>Oceana,</HI> be divided as equally as may be into fifty Parts or Shires.</P>
<P N="2">2. Let the whole Inhabitants (except wo|men, children, and &s;ervants) be divided according unto their age into Elders and Youth; and according unto their e&s;tates into Hor&s;e and Foot.</P>
<P N="3">3. Let all &s;uch as are eighteen yeares of age, or up|wards to thirty, be accounted youth; and all &s;uch as are thirty or upwards, be accounted Elders.</P>
<P N="4">4. Let all &s;uch as have one hundred pounds a year, or upwards, in Lands, Goods, or Monies, be account|ed of the Hor&s;e; and all &s;uch as have under, be ac|counted of the Foot of the Common-wealth.</P>
<P N="5">5. Let every Pari&s;h in a Shire elect annually the fifth Elder of the &s;ame to be for that year a Deputy of that Pari&s;h; if a Pari&s;h be too &s;mall, let it be laid as to this purpo&s;e, unto the next; and in this re&s;pect, let every part of the Territory appertain to &s;ome Pari&s;h.</P>
<P N="6">6. Where there is but one Elder of the Hor&s;e in a Pari&s;h, let him be annually eligible, without interval: where there are more Elders of the Hor&s;e, let no De|puty of the Pari&s;h be re-eligible, but after the intervall of one year.</P>
<P N="7">7. Where there be four Elders of the Hor&s;e, or more, in one and the &s;ame Pari&s;h, let not under two,
<PB N="6" REF="5">
nor above halfe of them&punc; be elected, at one and the &s;ame Election, or time.</P>
<P N="8">8. Let the Deputies thus elected at the Pari&s;hes, a&s;|&s;emble annually at the Capitall of their Shire, and let them then, and there elect out of their own num|ber, two Elders of the Hor&s;e to be Knights or Sena|tors, three Elders of the Hor&s;e, and foure Elders of the Foot, to be of the A&s;&s;embly of the people, for the term of three years, injoyning an equall vacation, or interval, before they can be re-elected in either of the&s;e capacities.</P>
<P N="9">9. Let there be elected at the &s;ame time in each Shire, the fir&s;t year onely, two other Knights, and &s;e|ven other Deputies for the term of one year, and two other Knights, with &s;even other Deputies for the term of two years, which in all con&s;tituteth the Senate of three hundred Knights, and the Popular A&s;&s;embly of one thou&s;and and fifty Deputies, each being upon a triennial Rotation, or annual change in one third part.</P>
<P N="10">10. Let the Senate have the whole Authority or right of debating and propo&s;ing unto the people; let the Popular A&s;&s;embly have the whole power of re&s;ult; and let what &s;hall be propo&s;ed by the Senate, and re|&s;olved by the Popular A&s;&s;embly, be the Law of <HI>Oceana.</HI></P>
<DIV2 TYPE="conclusion">
<HEAD>The Conclu&s;ion.</HEAD>
<P>TWo A&s;&s;emblies thus con&s;tituted, mu&s;t nece&s;&s;arily amount unto the under&s;tanding and the will, un|to the wi&s;dome and the intere&s;t of the whole Nation, and a Common-wealth; where the wi&s;dom of the Na|tion propo&s;eth, and the intere&s;t of the people re|&s;olveth; can never faile in whatever &s;hall be farther nece&s;&s;ary, for the right con&s;tituting of it &s;elf.</P>
</DIV2>
</DIV1>
<DIV1 TYPE="text">
<PB N="7" REF="5">
<HEAD>The MODEL at large of a <HI>FREE-STATE,</HI> Or equall COMMON-WEALTH.</HEAD>
<HEAD TYPE="sub">Propo&s;ed in four parts:
<LIST>
<ITEM>Fir&s;t, the Civill,</ITEM>
<ITEM>Secondly, the Religious,</ITEM>
<ITEM>Thirdly, the Military,</ITEM>
<ITEM>Fourthly, the Provincial Part.</ITEM>
</LIST></HEAD>
<DIV2 N="1" TYPE="part">
<HEAD>PART 1.</HEAD>
<HEAD TYPE="sub">For the Civill Part, it is propo&s;ed,</HEAD>
<P N="1">1. THat the whole native or proper terri|tory of <HI>Oceana</HI> (re&s;pect had unto the the Tax-role, unto the number of people, and to the extent of territory,) be ca&s;t with as much exactne&s;&s;e as can be convenient, into fifty Precincts, Shires, or Tribes.</P>
<P N="2"><PB N="8" REF="6">
2. That all Citizens, that is, Free-men, or &s;uch a<GAP DESC="illegible" EXTENT="1 letter"> are not &s;ervants, be di&s;tributed into Hor&s;e&punc; and Foot&punc; That &s;uch of them as have one hundred pounds a year in Lands, Goods, or Money, or above that proportion be accounted of the Hor&s;e; and all &s;uch as have under that proportion, be accounted of the Foot.</P>
<P N="3">3. That all Elders or Free-men being thirty years of age, or upwards, be capable of civill Admini&s;tra|tion; and that the Youth, or &s;uch Free-men as are be|tween eighteen years of age, and thirty, be not capa|ble of civill admini&s;tration, but of Military onely; in &s;uch manner as &s;hall follow in the military part of this Modell.</P>
<P N="4">4. That the Elders re&s;ident in each Pari&s;h, annu|ally a&s;&s;emble in the &s;ame; as for example, upon Monday next en&s;uing, the la&s;t of <HI>December.</HI> 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 en&s;uing, a Deputy of that Pari&s;h; and that the fir&s;t and &s;econd &s;o elected, be Over&s;eers, or Pre&s;idents for the regulating of all Parochiall Congregations, whether of the El|ders, or of the Youth, during the term for which they were elected.</P>
<P N="5">5. That &s;o many Pari&s;hes lying neare&s;t together, who&s;e Deputies &s;hall amount to one hundred, or thereabouts, be ca&s;t 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 Capitall of the &s;ame.</P>
<P N="6">6. That the Parochial Deputies elected through|out the Hundred a&s;&s;emble annually, for example
<PB N="9" REF="6">
upon Munday next en&s;uing, the la&s;t of <HI>January,</HI> at the Capitall of their Hundred. That they then, and there Elect out of the Hor&s;e of their number, one Ju|&s;tice of the Peace, one Jury&punc;Man, one Captain, one En&s;ign, and out of the Foot of their number, one other Jury Man, one High-Con&s;table, &amp;c.</P>
<P N="7">7. That every twenty hundreds, lying neere&s;t, and mo&s;t conveniently together, be ca&s;t into one Tribe, or Shire. That the whole Territory being after this manner ca&s;t into Tribes, or Shires, &s;ome Town, Vil|lage, or place, be appointed unto every Tribe, or &s;hire, for the Capitall of the &s;ame; And that the&s;e three Precincts, that is, the Pari&s;h, the Hundred, and the Tribe, or &s;hire, whether the Deputies thenceforth annually cho&s;en in the Pari&s;hes, or Hundreds, come to increa&s;e, or dimini&s;h, remain firm, and inalterable for ever, &s;ave only by Act of Parliament.</P>
<P N="8">8. That the Deputies Elected in the &s;everall Pari&s;h|es, together with their Magi&s;trates, and other Officers, both Civill and Military, Elected in their &s;everall Hundreds, A&s;&s;emble, or Mu&s;ter annually, For ex|ample, upon Munday next en&s;uing the la&s;t of <HI>Febru|ary,</HI> at the Capitall of their Tribe, or Shire.</P>
<P N="9">9. That the whole body thus A&s;&s;embled upon the fir&s;t day of the A&s;&s;embly, Elect out of the Hor&s;e of their number one High Sheriff, one Lieutenant of the Tribe, or Shire, one <HI>Cu&s;tos Rotulorum,</HI> one Conductor, and two Cen&s;ors. That the High Sheriffe be Com|mander in Cheife, the Lieutenant Commander in the &s;econd place, and the Conductor in the third, of this Band, or &s;quadron. That the <HI>Cu&s;tos Rotulorum</HI> be Mu&s;ter-Ma&s;ter, and keep the Rolls. That the Cen|&s;ors
<PB N="10" REF="7">
be Governors of the Ballot. And that the Terme of the&s;e Magistracies be Annuall.</P>
<P N="10">10. That the Magi&s;trates of the Tribe, that is to &s;ay, the High-Sheriff, Lieutenant, <HI>Cu&s;tos Rotulorum,</HI> the Cen&s;ors, and the Conductor, together with the Magi&s;trates and Officers of the Hundred (that is to &s;ay) the twenty Ju&s;tices of the Peace, the forty Ju|ry-Men, the twenty High-Con&s;tables be one Troope, and one Company apart, called the Prerogative Troop, or Company. That this Troope bring in, and a&s;&s;i&s;t the Ju&s;tices of A&s;&s;ize, hold the quarter Se&s;&s;ions in their &s;everall capacities, and performe their other Functions as formerly.</P>
<P N="11">11. That the Magi&s;trates of the Tribe, or &s;hire, that is to &s;ay, the High Sheriff, Lieutenant, <HI>Cu&s;tos Ro|tulorum,</HI> the Cen&s;ors, and the Conductor, together with the twenty Ju&s;tices Elected at the Hundreds, be a Court for the Government of the Tribe called the <HI>Phylarch;</HI> and that this Court Proceed in all matters of Government, as &s;hall from time to time be direct|ed by Act of Parliament.</P>
<P N="12">12. That the Squadron of the Tribe, upon the &s;e|cond day of their A&s;&s;embly, Elect two Knights, and three Burge&s;&s;es out of the Hor&s;e of their number, and four other Burge&s;&s;es out of the foot of their number. That the Knights have Se&s;&s;ion in the Senate, for the Terme of three yeares, and that the Burge&s;&s;es be of the Prerogativ e Tribe, or Repre&s;entative of the Peo|ple for the lik e Terme. That if in ca&s;e of death, or expul&s;ion, a Place become void in the Senate, or Popu|lar A&s;&s;embly, the re&s;pective &s;hire, or Tribe have time|ly notice from the Signory, and proceed in the manner
<PB N="11" REF="7">
afore&s;aid unto extraordinary Election of a Deputy, or Senator, for the remaining part of the Terme of the Senator, or Deputy, decea&s;ed, or expelled.</P>
<P N="13">13. That for the full and perfect in&s;titution, at once, of the A&s;&s;emblies mentioned, the Squadron of each Tribe&punc; or Shire, in the fir&s;t year of the Common-Wealth, Elect two Knights for the Terme of one year, two o|ther Knights for the Terme of two yeares, and la&s;tly, two Knights more for the Terme of three yeares; the like for the Burge&s;&s;es, of the Hor&s;e fir&s;t, and then for tho&s;e of the Foot.</P>
<P N="14">14. That a Magi&s;trate, or Officer Elected at the Hundred, be thereby barred from being Elected a Ma|gi&s;trate of the Tribe, or of the fir&s;t dayes Election: that no former Election what&s;oever barr a man of the &s;econd dayes Election at the Tribe, or to be cho&s;en a Knight, or Burge&s;&s;e. That a man being Cho&s;en a Knight or Burge&s;&s;e, who before was Cho&s;en a Magi|&s;trate, or Officer of the Hundered, or Tribe, delegate his former Office, or Magi&s;tracy in the Hundered, or the Tribe, to any other Deputy, being no Magi&s;trate nor Officer, and being of the &s;ame Hundred, and of the &s;ame Order, that is, of the Hor&s;e, or of the Foot re&s;pectively. That the whole, and every part of the foregoing Orders, for Election in the Pari&s;hes, the Hun|dreds, and the Tribes, be holding, and inviolate upon &s;uch penalties, in ca&s;e of failure, as &s;hall hereafter be provided by Act of Parliament again&s;t any pari&s;h, Hun|dred, Tribe, or Shire, Deputy, or Per&s;on &s;o offending.</P>
<P N="15">15. That the Knights of the Annuall Election in the Tribes&punc; take their Places on Munday next en&s;uing, the la&s;t of <HI>March,</HI> in the Senate. That the like num|ber
<PB N="12" REF="8">
of Knights, who&s;e Se&s;&s;ion determineth at the &s;ame time Rec<GAP DESC="illegible" EXTENT="2 letters">e. That every Knight, or Senator, be paid out of the Publique Revenue quarterly, &s;eventy five pounds, during his Terme of Se&s;&s;ion, and be obliged to &s;it in Purple Robes.</P>
<P N="16">16. That annually upon reception of the new Knights, the Senate proceed unto election of new Ma|gi&s;trates and Coun&s;ellors. That for Magi&s;trates they elect one Archon or General, one Orator or Speaker, and two Cen&s;ors, each for the term of one year, the&s;e promi&s;cuou&s;ly&punc; and that they elect one Commi&s;&s;ioner of the Great Seale, and one Commi&s;&s;ioner of the Trea&s;ury; each for the term of three years, out of the new Knights onely.</P>
<P N="17">17. That the Archon or General, and the Orator or Speaker, as Con&s;uls of the Common-wealth, and Pre|&s;idents of the Senate, be, during the term of their Magi&s;tracy, paid quarterly five hundred pounds: that the En&s;ignes of the&s;e Magi&s;tracies, be, a &s;word borne before the General, and a Mace before the Speaker: that they be obliged to wear Ducal Robes, and that what is &s;aid of the Archon or General in this Propo&s;i|tion, be under&s;tood only of the General &s;itting, and not of the General marching.</P>
<P N="18">18. That the General &s;itting, in ca&s;e he be com|manded to march, receive Field-pay; and that a new General be forthwith elected by the Senate to &s;ucceed him in the Hou&s;e, with all the Rights, En&s;ignes, and Emoluments of the General &s;itting: and this &s;o often as one or more Generals are marching.</P>
<P N="19">19. That the three Commi&s;&s;ioners of the Great &s;eal, and the three Commi&s;&s;ioners of the Trea&s;ury,
<PB N="13" REF="8">
u&s;ing their En&s;ignes and habit, and performing their other functions as formerly, be paid quarterly unto each of them three hundred &s;eventy five pounds.</P>
<P N="20">20. That the Cen&s;ors be each of them Chan|cellor of one Univer&s;ity by vertue of their Electi|on: That they govern the Ballot, that they be Pre&s;i|dents of the Councel for Religion: That they have under appeale unto the Senate, right to note and re|move a Senator that is &s;candalous, That each have a &s;il|ver wand for the En&s;ign of his Magi&s;tracy, That each be paid quarterly three hundred &s;eventy five pounds, and be obliged to weare &s;carlet Robes.</P>
<P N="21">21. That the general &s;itting, the Speaker, and the &s;ix Commi&s;&s;ioners above-&s;aid, be the Seigniory of this Common-wealth.</P>
<P N="22">22. That there be a Council of State con&s;i&s;ting of fifteen Knights, five out of each Order or Election; and that the &s;ame be perpetuated by the annual Election of five out of the new Knights, or la&s;t elected into the Senate.</P>
<P N="23">23. That there be a Council for Religion con&s;i&s;ting of twelve Knights, four out of each Order, and perpe|petuated by the annual election of four out of the Knights la&s;t elected into the Senate. That there be a Council for Trade con&s;i&s;ting of a like number, elected and perpetuated in the &s;ame manner.</P>
<P N="24">24. That there be a Council of War, not elected by the Senate, but elected by the Council of State out of them&s;elves. That this Council of War con&s;i&s;t of nine Knights, three out of each Order, and be perpetuated by the annual election of three out of the la&s;t Knights elected into the Council of State.</P>
<P N="25"><PB N="14" REF="9">
25. That in ca&s;e the Senate adde nine Knights more out of their own number unto the Council of War, the &s;aid Council be under&s;tood by &s;uch Addition, to be Dictator of the Common-wealth, for the term of three moneths, and no longer, except by further order of the Senate, the &s;aid Dictatorian pow|er be prolonged for a like term.</P>
<P N="26">26. That the Seigniory have Se&s;&s;ion and Suffrage, with right al&s;o joyntly or &s;everally, to propo&s;e both in the Senate, and in all Senatorian Councils.</P>
<P N="27">27. That each of the three Orders or Divi&s;ions of Knights in each Senatorian Council elect one Provo&s;t for the term of one week; and that any two Provo&s;ts of the &s;ame Council &s;o elected, may propo&s;e unto the re&s;pective Council, and not otherwi&s;e.</P>
<P N="28">28. That &s;ome fair room or roomes well furni&s;hed, and attended, be allowed at the States charge, for a free and open Academy unto all comers, at &s;ome con|venient houre or houres, towards the evening. That this Academy be governed according to the Rules of good breeding or civil conver&s;ation, by &s;ome or all of the Propo&s;ers: and that in the &s;ame it be lawful for any man by word of mouth, or by writing in je&s;t or in earne&s;t, to propo&s;e unto the Propo&s;ers.</P>
<P N="29">29. That for Emba&s;&s;adors in Ordinary, there be four Re&s;idences, as <HI>France, Spain, Venice,</HI> and <HI>Con&s;tantino|ple,</HI> That every Re&s;ident upon Election of a new Em|ba&s;&s;ador, in Ordinary, remove to the next Re&s;idence in the order nominated, till having &s;erved in them all, he return home. That upon Monday next en&s;uing, the la&s;t of <HI>November,</HI> there be every &s;econd year ele|cted by the Senate &s;ome fit per&s;on being under thirty
<PB N="15" REF="9">
five yeares of age, and not of the Senate, nor of the po|pular A&s;&s;embly: that the party &s;o elected repair upon Monday next en&s;uing the la&s;t of <HI>March</HI> following, as Emba&s;&s;ador in Ordinary unto the Court of <HI>France,</HI> and there re&s;ide for the term of two yeares, to be computed from the fir&s;t of <HI>April</HI> next en&s;uing his Election. That every Emba&s;&s;ador in Ordinary be allowed three thou|&s;and pounds a yeare, during the term of his Re&s;iden|cies, and that if a Re&s;ident come to die, there be an extraordinary Election into his Re&s;idence for his term, and for the remainder of his Removes, and progre&s;&s;e.</P>
<P N="30">30. That all emergent Elections be made by Scrutiny that is, by a Council, or by Commi&s;&s;ioners propo&s;ing, and by the Senate re&s;olving in the manner following: That all Field-Officers be propo&s;ed by the Council of War; That all Emba&s;&s;adors extraordinary be propo&s;ed by the Council of State: that all Judges and Serjeants at Law be propo&s;ed by the Commi&s;&s;ioners of the Great Seal. Tha<GAP DESC="illegible" EXTENT="1 letter"> all Barons, and Officers of Tru&s;t in the Exche|quer, be propo&s;ed by the Commi&s;&s;ioners of the Trea|&s;ury, and that &s;uch as are thus propo&s;ed, and approved by the Senate, be held lawfully elected.</P>
<P N="31">31. That the cognizance of all matter of State to be con&s;idered, or Law to be enacted, whether it be Pro|vincial or National, Dome&s;tick or foreign, appertaine unto the Council of State. That &s;uch affaires of either kinde as they &s;hall judge, to require more &s;ecreey, be remitted by this Councel, and appertain unto the Coun|cil of War, being for that end a &s;elect part of the &s;ame. That the cognizance and protection both of the Natio|nal Religion, and of the liberty of con&s;cience equally e&s;tabli&s;hed, after the manner to be &s;hewne in the Re|ligious part of this Modell, appertain unto the Council
<PB N="16" REF="10">
for Religion. That all matter of traffique and regula|tion of the &s;ame, appertain unto the Council for Trade. That in the exerci&s;e of the&s;e &s;everal Functions, which naturally are Senatorian or Authoritative onely; no Council a&s;&s;ume any other power then &s;uch only, as &s;hall be e&s;tated upon the &s;ame by Act of Parliament.</P>
<P N="32">32. That what &s;hall be propo&s;ed unto the Senate by one or more of the Signiory or Propo&s;ers general, or whatever was propo&s;ed by any two of the Provo&s;ts, or particular propo&s;ers, unto their re&s;pective Coun|cil; and upon debate at that Council &s;hall come to be propo&s;ed by the &s;ame unto the Senate, be nece&s;&s;arily debatable, and debated by the Senate. That in all ca&s;es wherein power is derived unto the Senate by Law made, or by Act of Parliament, the re&s;ult of the Senate be ultimate: that in all ca&s;es of Law to be made, or not already provided for by Act of Parliament; as war and peace, levie of men, or money, or the like; the re&s;ult of the Senate be not ultimate. That what&s;oever is decreed by the Senate upon a ca&s;e wherein their re&s;ult is not ul|timate, be propo&s;ed by the Senate unto the Prerogative Tribe, or Repre&s;entative of the people, except onely in ca&s;es of &s;uch &s;peed or &s;ecrecy, wherein the Senate &s;hall judge the nece&s;&s;ary &s;lowne&s;&s;e, or openne&s;&s;e, in this way of proceeding, to be of detriment, or danger unto the Common-wealth.</P>
<P N="33">33. That if upon the motion or propo&s;ition of a Council, or Propo&s;er-General, the Senate add 9 Knights, promi&s;cuou&s;ly cho&s;en out of their own number unto the Council of War: The &s;ame Council, as thereby made Dictator, have power of life and death, as al&s;o to enact lawes in all &s;uch ca&s;es of &s;peed or &s;ecrecy for,
<PB N="17" REF="10">
and during the Term of three moneths and no longer, except upon new Order from the Senate. And that all Lawes enacted by the Dictator be good and valid, for the term of one year and no longer, except the &s;ame be propo&s;ed by the Senate, and re&s;olved by the people.</P>
<P N="34">34. That the Burge&s;&s;es of the annual election re|turned by the Tribes, enter into the Prerogative Tribe, Popular A&s;&s;embly, or Repre&s;entative of the people, upon Monday next en&s;uing the la&s;t of <HI>March;</HI> and that the like number of Burge&s;&s;es, who&s;e term is expired, recede at the &s;ame time. That the Burge&s;&s;es thus entered, elect unto them&s;elves out of their own number, two of the Hor&s;e, one to be Captain, and the other to be Cornet of the &s;ame; and two of the Foot, one to be Captain, and the other to be En&s;igne of the &s;ame; each for the term of three years. That the&s;e Officers being thus elected, the whole Tribe or A&s;&s;embly&punc; proceed to the election of four Annual Magi&s;trates, two out of the foot to be Tribunes of the foot, and two out of the hor&s;e, to be Tribunes of the hor&s;e. That the Tribunes be Commanders of this Tribe in chief, &s;o far as it is a military body, and Pre&s;i|dents of the &s;ame, as it is a civil A&s;&s;embly. And la&s;t|ly, that this whole Tribe be paid weekly, as followeth. Unto each of the Tribunes of the hor&s;e &s;even pounds. Unto each of the Tribunes of foot &s;ix pounds. Unto each of the Captains of hor&s;e five pounds. Unto each of the Captains of foot four pounds. Unto each of the Cornets three pounds, unto each of the En&s;ignes two pounds, &s;even &s;hillings. Unto every hor&s;eman 2 pound, and to every one of the foot, one pound, ten &s;hillings.</P>
<P N="35"><PB N="18" REF="11">
35. That inferiour Officers, as Captains, Cornets, En&s;ignes, be onely for the Military di&s;cipline of this &s;quadron, or Tribe. That the Tribunes have Se&s;&s;ion in the Senate without &s;uffrage; that they have Se&s;&s;ion of cour&s;e, and with &s;uffrage in the Dictatorian Coun|cill, &s;o often as it is created by the Senate. That they be Pre&s;idents of the Court in all ca&s;es, to be judg|ed by the people: And that they have right under an appeale unto the Popular A&s;&s;embly, to note or re|move any Deputy or Burge&s;&s;e, that is &s;candalous.</P>
<P N="36">36. That peculate or defraudation of the publick, all ca&s;es tending to the &s;ubver&s;ion of the Government, be tryable by this Repre&s;entative; and that there be an Appeale unto the &s;ame in all cau&s;es, and from all Magi&s;trates, Courts, and Councils, whether National, or Provincial.</P>
<P N="37">37. That the right of debate, as al&s;o of propo&s;ing to the people, be wholly and only in the Senate, without any power at all of Re&s;ult, not derived from the people.</P>
<P N="38">38. That the power of Re&s;ult be wholly and onely the Popular A&s;&s;embly, without any right at all of debate.</P>
<P N="39">39. That the Senate having debated and agreed upon a Law to be propo&s;ed, cau&s;e promulgation of the &s;ame to be made for the &s;pace of &s;ix weeks before Propo&s;ition, that is, cau&s;e the Law to be printed and publi&s;hed, &s;o long before it is to be propo&s;ed.</P>
<P N="40">40. That promulgation being made, the Signiory demand of the Tribunes being pre&s;ent in the Senate, an A&s;&s;embly of the people. That the Tribunes up|on &s;uch demand by the Signiory or by the Senate, be obliged to a&s;&s;emble the Prerogative Tribe, or Repre|&s;entative
<PB N="19" REF="11">
of the people in Armes by &s;ound of trumpet with Drums beating, and Colours flying, in any Town&punc;Field, or Market-place, being not above &s;ix miles di|&s;tant, upon the day, and at the hour appointed, except the meeting through inconvenience of the weather, or the like, be prorogued by con&s;ent of the Signiory and the Tribunes; That the Prerogative Tribe being a&s;&s;embled accordingly, the Senate propo&s;e to them by two or more of the Senatorian Magi&s;trates there|unto appointed, at the fir&s;t promulgation of the Law: That the propo&s;ers for the Senate open unto the peo|ple the Occa&s;ion, Motives, and Rea&s;ons of the Law to be propo&s;ed; and the &s;ame being done, put it by di|&s;tinct clau&s;es unto the Ballot of the people. That if any material clau&s;e or clau&s;es be rejected by the peo|ple, they be reviewed by the Senate, altered, and propo&s;ed, (if they think fit) to the third time, but no oftner.</P>
<P N="41">41. That what is thus propo&s;ed by the Senate, and re&s;olved by the people, be the Law of the land, and no other, except as in the ca&s;e re&s;erved unto the Dictatorian Council.</P>
<P N="42">42. That every Magi&s;tracy, Office, or Election throughout this whole Commonwealth, whether annual, or triennial, be under&s;tood of con&s;equence, to injoyn an interval or vacation equall unto the term of the &s;ame. That the Magi&s;tracy of a Knight and of a Burge&s;&s;e, be in this relation under&s;tood as one and the &s;ame: and that this Order re|gard onely &s;uch Elections as are Nationall or Do|me&s;tick, and not &s;uch as are Provincial or for|reigne.</P>
<P N="43"><PB N="20" REF="12">
43. That for an exception from this Rule, where there is but one Elder of the Hor&s;e in one and the &s;ame Pari&s;h, that Elder be eligible in the &s;ame without interval; and where there be foure Elders of the Hor&s;e, or above in one and the &s;ame Pa|ri&s;h, there be not under two, nor above half of them eligible at the &s;ame Election.</P>
<P N="44">44. That throughout all the A&s;&s;emblies and Coun|cils of this Common-wealth: the <HI>Quorum</HI> con&s;i&s;t of one halfe in the time of health, and of one third part in a time of &s;ickne&s;&s;e, being &s;o decla|red by the Senate.</P>
</DIV2>
<DIV2 N="2" TYPE="part">
<PB N="21" REF="12">
<HEAD>PART. 2.</HEAD>
<HEAD TYPE="sub">For the Religious part, it is propo&s;ed,</HEAD>
<P N="45">45. THat the Univer&s;ities, being prudently refor|med, be pre&s;erved in their Rights and In|dowments for and towards the education, and provi|&s;ion of an able Mini&s;try.</P>
<P N="46">46. That the legall and ancient provi&s;ion for the National Mini&s;try be &s;o augmented, that the meane&s;t &s;ort of Livings or Benefices, without defalcation from the greater, be each improved to the Revenue of one hundred pounds a year, at the lea&s;t.</P>
<P N="47">47. That a Benefice becoming void in any Pari&s;h, the Elders of the &s;ame may a&s;&s;emble, and give notice unto the Vice-chancellor of either Univer&s;ity, by Certificate; &s;pecifying the true value of that Bene|fice: that the Vice-chancellor upon receipt of &s;uch Certificate, be obliged to call a Congregation of his Univer&s;ity, that the Congregation of the Univer&s;ity to this end a&s;&s;embled, having regard unto the value of the Benefice, make choice of a per&s;on fitted for the Mini&s;teriall Function, and return him unto the Pari&s;h &s;o requiring: that the Probationer, thus re|turned unto a Pari&s;h, by either of the Univer&s;ities, exerci&s;e the office, and receive the Benefits, as Mini&s;ter
<PB N="22" REF="13" MS="y">
of the Pari&s;h for the term of one year. That the term of one year expired, the Elders of the Pari&s;h a&s;&s;em|ble, and put the election of the Probationer unto the Ballot. That if the Probationer have three parts in four of the Balls or Votes in the Affirmative, he be thereby ordained and elected Mini&s;ter of that Pari&s;h; not afterwards to be degraded or removed but by the Cen&s;ors of the Tribe, the Phylarch of the &s;ame, or the Council of Religion, in &s;uch ca&s;es as &s;hall be unto them re&s;erved by Act of Parliament. That in ca&s;e the Probationer come to faile of three parts in four at the Ballot, he depart from that Pari&s;h; and if he return unto the Univer&s;ity, it be without diminu|tion of the former offices or preferments which he there enjoyed, or any prejudice unto his future pre|ferment: and that it be lawfull in this ca&s;e for any Pari&s;h to &s;end &s;o often to either Univer&s;ity, and be the duty of either Vice-chancellor, upon &s;uch Cer|tificates to make return of different Probationers, till &s;uch time as the Elders of that Pari&s;h have fitted them&s;elves with a Mini&s;ter of their own choice and liking.</P>
<P N="48">48. That the Nationall Religion be exerci&s;ed ac|cording to a Directory in that ca&s;e, to be made and publi&s;hed by Act of Parliament. That the Nationall Mini&s;try be permitted to have no other publique pre|ferment or office in this Common-wealth. That a National Mini&s;ter being convict of Ignorance or &s;can|dall, be moveable out of his Benefice by the Cen&s;ors of the Tribe, under an appeale unto the Phylarch, or to the Council for Religion.</P>
<P N="49">49. That no Religion being contrary unto, or
<PB N="23" REF="13">
de&s;tructive of Chri&s;tianity, nor the publique exer|ci&s;e of any Religion, being grounded upon, or in|corporated into a forreign intere&s;t, be protected by, or tolerated in this &s;tate. That all other Religions, with the publique exerci&s;e of the &s;ame, be both to|lerated and protected by the Council of Religion: and that all Profe&s;&s;ors of any &s;uch Religion, be equally capable of all Elections, Magi&s;tracies, Preferments, and offices in this Common-wealth, according unto the orders of the &s;ame.</P>
</DIV2>
<DIV2 N="3" TYPE="part">
<HEAD>PART. 3.</HEAD>
<HEAD TYPE="sub">For the military part it is propo&s;ed:</HEAD>
<P N="50">50. THat annually upon Wedne&s;day next en&s;uing the la&s;t of <HI>December,</HI> the Youth of each Pa|ri&s;h (under the in&s;pection of the two over-&s;eers of the &s;ame) a&s;&s;emble, and elect the fifth man of their num|ber, or one in five of them, to be for the term of that year, Deputies of the Youth of that Pari&s;h.</P>
<P N="51">51. That annually, on Wedne&s;day next en&s;uing the la&s;t of <HI>January,</HI> the &s;aid Deputies of the re&s;pective Pari&s;hes, meet at the Capital of the hundred; (where there are games and prizes allotted for them, as hath been &s;hewed el&s;ewhere) that there they elect to them|&s;elves out of their own number, one Captain, and
<PB N="24" REF="14">
one En&s;ign. And that of the&s;e Games, and this Ele|ction, the Magi&s;trates, and Officers of the Hundred, be Pre&s;idents and Judges for the impartiall di&s;tribution of the Prizes.</P>
<P N="52">52. That annually, upon Wedne&s;day next en&s;uing the la&s;t of <HI>February,</HI> the Youth through the whole Tribe thus elected, be received at the Capital of the &s;ame, by the Lieutenant, as Commander in chief, by the Conductor, and by the Cen&s;ors, that under in&s;pe|ction of the&s;e Magi&s;trates, the &s;aid Youth be enter|tained with more &s;plendid games, di&s;ciplined in a more Military manner, and divided by lot into &s;undry parts, or E&s;&s;ayes, according to rules el&s;e-where given.</P>
<P N="53">53. That the whole Youth of the Tribe thus a&s;|&s;embled be the fir&s;t E&s;&s;ay. That out of the fir&s;t E&s;&s;ay there be ca&s;t by lot two hundred Hor&s;e, and &s;ix hun|dred Foot: that they whom their friends will, or them&s;elves can mount, be accounted Hor&s;e, the re&s;t Foot. That the&s;e Forces amounting in the fifty Tribes, to ten thou&s;and Hor&s;e, and thirty thou&s;and Foot, be alwaies ready to march at a weeks warning: and that this be the &s;econd E&s;&s;ay, or the &s;tanding Army of the Common-wealth.</P>
<P N="54">54. That for the holding of each Province, the Common-wealth in the fir&s;t year a&s;&s;ign an Army of the Youth, con&s;i&s;ting of &s;even thou&s;and five hundred Foot, and one thou&s;and five hundred Hor&s;e. That for the perpetuation of the&s;e provinciall Armies, or Guards; there be annually at the time and places men|tioned, ca&s;t out of the fir&s;t E&s;&s;ay of the Youth, in each Tribe or Shire ten Hor&s;e, and fifty Foot; that is,
<PB N="25" REF="14">
in all the Tribes five hundred hor&s;e, and two thou|&s;and five hundred foot for <HI>Marpe&s;ia,</HI> the like for <HI>Pampea,</HI> and the like of both Orders for the Sea|guards, being each obliged to &s;erve for the terme of three yeares upon the States pay.</P>
<P N="55">55. That the Senate and the People, or the Dictator having decreed or declared War, and the Field-Officers being appointed by the Council of War; the General by warrant i&s;&s;ued unto the Lieutenants of the Tribes, demand the &s;econd E&s;&s;ay, or &s;uch part of it, as is decreed; whether by way of levy or recruit. That by the &s;ame warrant he appoint his time and Rendezvous: that the &s;everal Conductors of the Tribes or Shires, deliver him the forces de|manded at the time and place appointed. That a Generall thus marching out with the &s;tanding Army, a new Army be elected out of the fir&s;t E&s;&s;ay as for|merly, and a new General be elected by the Senate: that &s;o alwayes there be a General &s;itting, and a &s;tand|ing Army, what Generals &s;oever be marching. And that in ca&s;e of inva&s;ion, the bands of the Elders be obliged unto like duty with tho&s;e of the youth.</P>
<P N="56">56. That an onely &s;on be di&s;charged of the&s;e du|ties without prejudice. That of two brothers, there be but one admitted to foreigne &s;ervice at one time. That of more brothers not above halfe. That whoe|ver otherwi&s;e refu&s;eth his lot, except upon cau&s;e &s;hewn, he be di&s;pen&s;ed withall by the Phylarch, or upon pe|nitence, he be by them pardoned, and re&s;tored; by &s;uch refu&s;al be uncapable of electing, or being elect|ed in this Common-wealth; as al&s;o, that he pay un|to the State a fifth of his Revenue for protection, be|&s;ides
<PB N="26" REF="15">
taxes. That Divines, Phy&s;itians, and Lawyers, as al&s;o Trades not at lei&s;ure for the E&s;&s;ayes be &s;o far forth exempted from this Rule, that they be &s;till ca|pable of all preferments in their re&s;pective profe&s;&s;i|ons with indemnity.</P>
<P N="57">57. That upon warrants i&s;&s;ued forth by the Gene|ral for Recruits or Levies, there be an A&s;&s;embly of the Phylarch in each Tribe: That &s;uch Voluntiers or men being above thirty years of age, as are de&s;irous of farther imployment in Armes, appear before the Phylarch &s;o a&s;&s;embled. That any number of the&s;e not exceeding one moity of the Recruits or Levies of that Tribe or Shire, may be taken on by the Phylarch, &s;o many of the youth being at the di&s;cretion of this Council disbanded, as are taken on of the Voluntiers. That the Levies thus made, be conducted by the Con|ductor of the re&s;pective Tribe or Shire, unto the Ren|dezvous appointed: And that the &s;ervice of the&s;e be without other Term, or Vacation, then at the di&s;|cretion of the Senate and the People, or &s;uch in&s;tructi|ons unto the General, as &s;hall by them in that ca&s;e be provided.</P>
</DIV2>
<DIV2 N="4" TYPE="part">
<PB N="27" REF="15">
<HEAD>PART. 4.</HEAD>
<HEAD TYPE="sub">For the Provincial Part it is propo&s;ed,</HEAD>
<P N="58">58. THat upon expiration of Magi&s;tracy in the Se|nate, or at the annual rece&s;&s;e of one third part of the &s;ame, there be elected by the Senate out of the part receding into each Provinciall Council four Knights for the term of three yeares, thereby to ren|der each Provincial Council, (pre&s;uming it in the be|ginning, to have been con&s;tituted of twelve Knights, divided after the manner of the Senate, by three &s;e|verall li&s;ts or elections) of annual, triennial, and per|petual revolution, or rotation.</P>
<P N="59">59. That out of the &s;ame third part of the Se|nate annually receding, there be unto each Pro|vince, one Knight elected for the term of one year. That the Knight &s;o elected, be the Provincial Archon, General, or Governour. That a Provinciall Archon, Governour, or General, receive annually in <HI>April,</HI> at his Rendezvous appointed, the Youth or Recruits elected in the precedent Moneth to that end by the
<PB N="28" REF="16" MS="y">
Tribes, and by their Conductors delivered according|ly. That he repaire with the &s;aid Youth and Re|cruits, unto his re&s;pective Province, and there di&s;mi&s;&s;e that part of the Provincial Guard or Army, who&s;e tri|ennial term is expired. That each Provincial Gover|nour have the Conduct of affaires of War, and of State, in his re&s;pective Province; with advice of the Provincial Council, and that he be Pre&s;ident of the &s;ame.</P>
<P N="60">60. That each Provincial Council elect three weekly Propo&s;ers or Provo&s;ts, after the manner, and to the ends already &s;hewne in the con&s;titution of Senato|rian Councils, and that the Provo&s;t of the &s;enior Li&s;t during his Term, be Pre&s;ident of the Council in ab|&s;ence of the Provincial Archon, or General.</P>
<P N="61">61. That each Provincial Council proceed accor|ding unto in&s;tructions received from the Councill of State, and keep intelligence with the &s;ame by any two of their Provo&s;ts, for the Government of the Province as to matter of War, or of State. That upon levies of Native, or proper Armes, by the Se|nate, and the People, a Provincial Council (ha|ving unto that end received orders) make levies of Provincial Auxiliaries accordingly. That Auxi|liary Armes upon no occa&s;ion what&s;oever exceed the proper or native Armes in Number. That for the re&s;t, the Provincial Council maintain the Provincials, defraying their peculiar Guards and Council, by &s;uch knowne proportion of tributes, as on them &s;hall be &s;et by the Senate and the People, in their pro|per Rights, Lawes, Liberties, and Immunitiess &s;o far forth as upon the merits of the cau&s;e, whereup|on
<PB N="29" REF="16">
they were &s;ubdued, it &s;eemed good unto the Senate, and the people to confirme them. And that it be lawful for the Provincials to appeale from their Provincial Magi&s;trates, Councils, or Generals to the people of <HI>Oceana.</HI></P>
<TRAILER>FINIS.</TRAILER>
</DIV2>
</DIV1>
</BODY>
</TEXT>
</EEBO>
</ETS>
