called Vice-comites The Court of the County that had an Earl was held by the Earl and the Bishop of the Diocesse after the manner of the Sheriffs Turns unto this Day by which means both the Ecclesiasticall and Temporal Lawes were given in charge together unto the Country the causes of Vavosors or Vavosories appertained to the Cognizance of this Court where Wills were proved Judgment and Execution given cases criminall and civill determined The Kings Thanes had like jurisdiction in their Thain-Lands as Lords in their Manours where they also kept Courts Besides these in particular both the Earls and Kings-Thanes together with the Bishops Abbots and Vavosors or Middle-Thanes had in the High Court or Parliament of the Kingdome a more publick jurisdiction consisting first of Deliberative power for advising upon and assenting unto new Lawes Secondly of giving Counsel in matters of State and thirdly of Judicature upon Suits and Complaints I shall not omit to enlighten the obscurity of these times in which there is little to be found of a Methodical constitution of this High Court by the addition of an Argument which I conceive to bear a strong testimony unto it self though taken out of a late Writing that conceals the Authour It is well known saith he that in every quarter of the Realm a great many Boroughs do yet send Burgesses unto the Parliament which neverthelesse be so anciently and so long since decayed and gone to naught that they cannot be shew'd to have been of any reputation since the Conquest much lesse to have obtained any such priviledge by the grant of any succeeding King wherefore these must have had this right by more ancient usuage and before the Conquest they being unable now to shew whence they derived it This Argument though there be more I shall pitch upon as sufficient to prove First that the lower sort of the people had right unto Session in Parliament during the time of the Teutons Secondly that they were qualify'd unto the same by election in their Boroughs and if Knights of the Shire as no doubt they are be as ancient in the Countries Thirdly if it be a good Argument to say that the Commons during the raign of the Teutons were elected into Parliament because they are so now and no man can shew when this custom began I see not which way it should be an ill one to say that the Commons during the reign of the Teutons constituted also a distinct house because they do so now unlesse any man can shew that they did ever sit in the same House with the Lords Wherefore to conclude this part I conceive for these and other reasons to be mentioned hereafter that the Parliament of the Teutons consisted of the King the Lords Spiritual and Temporal and the Commons of the Nation notwithstanding the style of divers Acts of Parliament which runs as that of Magna Charta in the Kings name only seeing the same was neverthelesse enacted by the King Peers and Commons of the Land as is testified in those words by a subsequent Act. The Monarchy of the Teutons had stood in this posture about two hundred and twenty years when Turbo Duke of Neustria making his claim to the Crown of one of their Kings that dyed Childlesse followed it with successeful Arms and being possessed of the Kingdom used it as conquered distributing the Earldomes Thane Lands Bishopricks and Prelacies of the whole Realm amongst his Neustrians From this time the Earl came to be called Comes Consul Dux though Consul Dux grew afterward out of use The Kings Thanes came to be called Barons and their Lands Baronies the Middle-Thane holding still of a mean Lord retained the name of Vavosor The Earl or Comes continued to have the third part of the pleas of the County paid unto him by the Sheriff or Vice-comes now a distinct Officer in every County depending upon the King saving that such Earls as had their Counties to their own use were now Counts-Palatine and had under the King Regal Jurisdiction insomuch that they constituted their own Sheriffs granted Pardons and issued Writs in their own names nor did Kings Writ of ordinary Justice run in their Dominions till a late Statute whereby much of this priviledge was taken away For Barons they came from henceforth to be in different times of three kinds Barons by their estates and Tenures Barons by writ and Barons created by Letters Pattents From Turbo the first to Adoxus the seventh King from the Conquest Barons had their Denomination from their Possessions and Tenures and these were either Spiritual or Temporal for not onely the Thane Lands but the possessions of Bishops as also of some twenty six Abbots and two Priors were now erected into Baronies whence the Lords Spiritual that had Suffrage in the Teuton Parliament as Spiritual Lords came to have it in the Neustrian Parliament as Barons and were made subject which they had not formerly been unto Knights service in chief Barony comming henceforth to signifie all honorary possessions as well of Earls as Barons and Baronage to denote all kinds of Lords as well Spiritual as Temporal having right to sit in Parliament the Baronies in this sense were sometimes more and sometimes fewer but commonly about 200 or 250 containing in them a matter of sixty thousand feuda militum or Knights fees whereof some twenty eight thousand were in the Clergy It is ill luck that no man can tell what the land of a Knights fee reckoned in some Writs at 40 l. a year and in others at 10. was certainly worth for by such an help we might have exactly demonstrated the Ballance of this Government But sayes Cook it contained twelve plough lands and that was thought to be the most certain account but this again is extreamly uncertain for one Plough out of some Land that was fruitfull might work more than ten out of some other that was barren Neverthelesse seeing it appeareth by Bracton that of Earldoms and Baronies it was wont to be said that the whole Kingdome was composed as also that these consisting of 60000 Knights fees furnisht 60000 men for the Kings service being the whole Militia of this Monarchy it cannot be imagined that the Vavosories or Freeholds in the people amounted to any considerable proportion Wherefore the Ballance and Foundation of this Government was in the 60000 Knights fees and these being possest by the 250 Lords it was a Government of the Few or of the Nobility wherein the people might also assemble but could have no more than a meer name And the Clergy holding a third to the whole Nation as is plaine by the Parliament Rolle it is an absurdity seeing the Clergy of France came first through their riches to be a state of that Kingdome to acknowledge the people to have beene a state of this Realme and not to allow it unto the Clergy who were so much more weighty in
that breach which being followed in every part of the Roman Empire with inundations of Vandals Huns Lombards Franks Saxons have overwhelmed ancient Languages Learning Prudence Manners Cities changing the Names of Rivers Countries Seas Mountains and Men Camillus Caesar and Pompey being come to Edmund Richard and Geoffrey To open the ground-work or ballance of these new Polititians Feudum saith Calvine the Lawyer is a Gothick word of divers significations for it is taken either for War or for a possession of conquered Lands distributed by the Victor unto such of his Captains and Souldiers as had merited in his Wars upon condition to acknowledge him to be their perpetuall Lord and themselves to be his Subjects Of these there were three kinds or orders The first of Nobility distinguished by the Titles of Dukes Marquesses Earls and these being gratify'd with Cities Castles and Villages of the Conquered Italians their Feuds participated of Royall dignity and were called Regalia by which they had right to coyn Mony create Magistrates take Tole Customs Confiscations and the like Feuds of the second order were such as with the consent of the King were bestowed by these Feudatory Princes upon men of inferiour Quality called their Barons on condition that next unto the King they should defend the Dignities and Fortunes of their Lords in Arms. The lowest order of Feuds were such as being confer'd by those of the second Order upon private men whether Noble or not Noble obliged them in the like duty unto their Superiors these were called Vauosors And this is the Gothick Ballance by which all the Kingdoms this day in Christendome were at first erected for which cause if I had time I should open in this place the Empire of Germany and the Kingdomes of France Spain and Poland but so much as hath been said being sufficient for the discovery of the principles of Modern Prudence in general I shall divide the remainder of my Discourse which is more particular into three parts The first shewing the Constitution of the late Monarchy of Oceana The second the Dissolution of the same And the third the Generation of the present Common-wealth The Constitution of the late Monarchy of Oceana is to be considered in relation unto the different Nations by whom it hath been successively subdu'd and govern'd The first of these were the Romans the second the Teutons the third the Scandians and the fourth the Neustrians The Government of the Romans who held it as a Province I shall omit because I am to speak of their Provincial Government in another place onely it is to be remembred in this that if we have given over running up and down naked and with dappled hides learn't to write and read to be instructed with good Arts for all these we are beholding to the Romans either immediately or mediately the Teutons for that the Teutons had the Arts from no other hand is plain enough by their language which hath yet no word to signifie either writing or reading but what is derived from the Latine Furthermore by the help of these arts so learn't we have been capable of that Religion which we have long since received wherefore it seemeth unto me that we ought not to detract from the Memory of the Romans by whose means we are as it were of Beasts become Men and by whose means we might yet of obscure and Ignorant men if we thought not too well of our selves become a wise and a great People The Romans having govern'd Oceana Provincially the Teutons were the first that introduced the form of the late Monarchy to these succeeded the Scandians of whom because their Raign was short as also because they made little alteration in the Government as to the Form I shall take no notice But the Teutons going to work upon the Gothick Ballance divided the whole Nation into three sorts of Feuds that of Ealdorman that of Kings-Thane and that of Middle-Thane When the Kingdom was first divided into Precincts will be as hard to shew as when it began first to be governed it being impossible that there should be any Government without some Division The Division that was in use with the Teutons was by Counties and every County had either his Ealdorman or high Reeve The title of Ealdorman came in time to Eorl or Erle and that of high Reeve to high Sheriff Earl of the Shire or County denoted the Kings Thane or Tenant by Grand Serjeantry or Knights Service in chief or in Capite his possessions were sometimes the whole Territory from whence he had his Denomination that is the whole County sometimes more then one County and sometimes lesse the remaining part being in the Crown He had also sometimes a third or some other Customary part of the profits of certain Cities Boroughs or other places within his Earldom For an Example of the possessions of Earls in ancient times Ethelred had unto him and his Heirs the whole Kingdom of Mercia containing three or four Counties and there were others that had little lesse Kings Thane was also an honorary Title unto which he was qualify'd that had five Hides of Land held immediately of the King by service of personal attendance insomuch that if a Churle or Country Man had thriven unto this proportion having a Church a Kitchin a Bell-house that is an Hall with a Bell in it to call his Family to Dinner a Borough-gate with a seat that is a Porch of his own and any distinct office in the Kings Court then was he the Kings Thane But the proportion of an Hide-Land otherwise called Caruca or a Plough-land is difficult to be understood because it was not certain neverthelesse it is generally conceived to be so much as may be managed with one Plough and would yield the Maintenance of the same with the appurtenances in all kinds The Middle-Thane was feudall but not honorary he was also call'd a Vavosor and his Lands a Vavosory which held of some Mesne Lord and not immediately of the King Possessions and their tenures being of this Nature shew the Ballance of the Teuton Monarchy wherein the riches of Earles was so vast that to arise from the Ballance of their Dominion unto their power they were not onely called Reguli or little Kings but were such indeed their jurisdiction being of two sorts either that which was exercised by them in the Court of their Counties or in the high Court of the Kingdom In the Territory denominating an Earl if it were all his own the Courts held and the profits of that Jurisdiction were to his own use and benefit But if he had but some part of his County then his Jurisdiction and Courts saving perhaps in those possessions that were his own were held by him to the Kings use and benefit that is he commnoly supply'd the Office which the Sheriffs regularly executed in Counties that had no Earls and whence they came to be
the Ballance which is that of all other whence a state or order in a Government is denominated wherefore this Monarchy consisted of the King and of the three Ordines Regni or Estates the Lords spirituall and temporall and the Commons It consisted of these I say as to the ballance though during the raigne of some of these Kings not as to the administration For the ambition of Turbo and some of those that more immediately succeeded him to be absolute Princes strove against the nature of their Foundation and in as much as he had divided almost the whole Realme among his Newstrians with some incouragement for a while But the Neustrians while they were but forraigne Plants having no security against the Natives but in growing up by their Princes sides were no sooner well rooted in their vast Dominions than they came up according to the infallible consequence of the Ballance Domesticke and contracting the Nationall interest of the Baronage grew as fierce in the Vindication of the Auncient rights and liberties of the same as if they had beene alwaies Natives Whence the Kings being as obstinate on the one side for their absolute power as these on the other for their immunities grew certaine Wars which tooke their Denomination from the Barons This fire about the middle of the raigne of Adoxus began to break out And whereas the predecessors of this King had diverse times beene forced to summon Councills resembling those of the Teutons unto which the Lords only that were Barons by Dominion and Tenure had hitherto repaired Adoxus seeing the effects of such Dominion began first not to call such as were Barons by Writs for that was according to the practice of antient times but to call such by Writes as were otherwise no Barons by which meanes striving to avoid the consequence of the Ballance in coming unwillingly to set the Government streight he was the first that set it awry For the Barons in his raigne and his successours having vindicated their antient Authority restored the Parliament with all the rights and Priviledges of the same saving that from thenceforth the Kings had found out a way whereby to help themselves against the mighty creatures of their own and such as had no other support but by their favour By which meanes this Government being indeed the Master-piece of Moderne Prudence hath beene cry'd up to the Skyes as the only invention whereby at once to maintaine the soveraignty of a Prince and the liberty of the people whereas indeed it hath beene no other than a wrestling match wherein the Nobility as they have been stronger have thrown the King or the King if he have been stronger hath thrown the Nobility or the King where he hath had a Nobility and could bring them to his party hath thrown the people as in France and Spain or the people where they have had no Nobility or could get them to be of their party have thrown the King as in Holland and of latter times in Oceana But they came not to this strength but by such approaches and degrees as remain to be further opened For whereas the Barons by Writs as the sixty four Abbots and thirty six Priors that were so called were but pro tempore Dicotome being the twelfth King from the Conquest began to make Barons by Letters Patents with the Addition of honorary Pensions for the Maintenance of their Dignities to them and their Heirs so that they were hands in the Kings Purse and had no shoulders for his Throne Of these when the house of Peers came once to be full as will be seen hereafter there was nothing more empty But for the present the Throne having other supports they did not hurt that so much as they did the King For the old Barons taking Dicotome's prodigality to such creatures so ill that they deposed him got the trick of it and never gave over setting up and pulling down of their Kings according to their various interests and that faction of the White and Red into which they had been thenceforth divided till Panurgus the eighteenth King from the Conquest was more by their favour than his right advanced unto the Crown This King through his naturall subtilty reflecting at once upon the greatnesse of their power and the inconstancy of their favour began to find another flaw in this kind of Government which is also noted by Machiavill namely that a Throne supported by a Nobility is not so hard to be ascended as kept warm Wherefore his secret jealousie lest the Dissention of the Nobility as it brought him in might throw him out travelled in wayes undiscover'd by them unto ends as little foreseen by himself while to establish his own safety he by mixing water with their Wine first began to open those Sluces that have since overwhelmed not the King onely but the Throne For whereas a Nobility striketh not at the Throne without which they cannot subsist but at some King that they do not like Popular power striketh through the King at the Throne as that which is incompatible with it Now that Panurgus in abating the power of the Nobility was the cause whence it came to fall into the hands of the people appears by those severall Statutes that were made in his raign as that for Population those against Retainers and that for Alienations By the Statute of Population All houses of husbandry that were used with twenty Acres of ground and upwards were to be maintained and kept up for ever with a competent proportion of Land laid to them and in no wise as appears by a subsequent Statute to be severed By which means the houses being kept up did of necessity inforce dwellers and the proportion of Land to be tilled being kept up did of necessity inforce the dweller not to be a beggar or Cottager but a man of some substance that might keep friends and servants and set the Plough on going this did mightily concern saith the Historian of that Prince the might and manhood of the Kingdom and in effect amortize a great part of the Lands unto the hold and possession of the Yeomanry or middle people who living not in a servile or indigent fashion were much unlinked from dependance upon their Lords and living in a free and plentifull manner became a more excellent Infantry but such an one upon which the Lords had so little power that from henceforth they may be computed to have been disarmed And as they lost their Infantry after this manner so their Cavalry and Commanders were cut off by the Statute of Retainers for whereas it was the Custome of the Nobility to have younger Brothers of good houses metall'd fellows and such as were knowing in the feats of Arms about them they who were longer followed with so dangerous a train escaped not such punishments as made them take up Henceforth the Country-lives and great tables of the Nobility which no longer nourished
had unto their quality and number in the Debate and result of this Common-wealth Provided that they Observe the Course or Rotation of the same by the Annuall Return of 10. Knights 20. Deputyes of the Horse and 40. of the Foot The like in all respects is lawfull for Panopea and the Horse of both the Provinces amounting unto one Troop and the Foot unto one Company one Captain and one Cornet of the Horse shall be annually chosen by Marpesia and one Captain and one Ensigne of the Foot shall be annually chosen by Panopea The Orb of the Prerogative being thus Compleat is not unnaturally compar'd unto that of the Moon either in consideration of the Light borrowed from the Senate as from the Sun or of the ebbs and floods of the People which are marked by the Negative or Affirmative of this Tribe And the Constitution of the Senate and the People being shewn You have that of the Parliament of Oceana Consisting of the Senate proposing and of the People resolving which amounts unto an Act of Parliament So the Parliament is the Heart which consisting of two Ventricles the one greater and replenished with a grosser store the other lesse and full of a purer sucketh in and gusheth forth the life blood of Oceana by a perpetuall Circulation Wherefore the life of this Government is no more unnaturall or obnoxious for this unto dissolution then that of a Man Nor unto giddinesse then the World seeing the Earth whether it be it self or the Heavens that are in Rotation is so farr from being giddy that it could not subsist without the motion But why should not this Government be much rather capable of duration and steddinesse by a motion than which GOD hath ordained no other unto the universall Common-wealth of Mankind seeing one Generation cometh another goeth but the Earth remaineth firme for ever that is in her proper Situation or Place whether shee be moved or not moved upon her proper Center The Senate the People and the Magistracy or the Parliament so Constituted as you have seen is the Guardian of this Common-wealth and the Husband of such a Wife as is elegantly described by Solomon Shee is like the Merchants Ship Shee bringeth her food from farre She considereth a Field and buyeth it With the fruit of her hands Shee Planteth a Vineyard Shee conceived that her Merchandize is good She stretcheth forth her hands to the poor Shee is not affraid of the Snow for her Houshold for all her houshold are clothed with Scarlet Shee maketh her self Coverings of her Tapestry Her cloathing is Silke and Purple Her Husband is known by his Robes in the Gates when he sitteth amongst the Senators of the Land The Gates or inferiour Courts were branches as it were of the Sanhedrim or Senate of Israel Nor is our Common-wealth a worse houswife or hath shee lesse regard unto her Magistrates as may appear by order 25 The Twenty fifth Order That whereas the Publique Revenue is through the late Civill Wars dilapidated the Excize being improved or improveable to the Revenue of One Million be applyed for the space of Eleaven years to come unto the reparation of the same and the present Maintenance of the Magistrates Knights Deputies and other Officers who according unto their severall Dignities and Functions shall annually receive towards the Support of the same as followeth The Lord Stratêgus Marching is upon another accompt to have Field Pay as Generall The Lord Strategus sitting 002000. li. per Annum The Lord Orator 002000. li. per Annum The three Commissioners of the Seal 004500. li. per Annum The three Commissioners of the Treasury 004500. li. per Annum The two Censors 003000. li. per Annum The 290. Knights at 500 l. a Man 145000. li. per Annum The 4. Embassadors in Ordinary 012000. li. per Annum The Council of War for Intelligence 003000. li. per Annum The Master of the Ceremonies 000500. li. per Annum The Master of the Horse 000500. li. per Annum His Substitute 000150. li. per Annum The 12. Ballotines for their winter Liveries 000240. li. per Annum For their Summer Liveries 000120. li. per Annum For their board-Wages 000480. li. per Annum For the keeping of three Coaches of State 24 Coach-horses with Coachmen and Postilions 001500. li. per Annum For the Grooms and keeping of 16. great Horses for the Master of the Horse and for the Ballotines whom he is to govern and instruct in the Art of Riding 000480. li. per Annum The 20. Secretaries of the Parliament 002000. li. per Annum The 20. Door-keepers who are to attend with Pole-axes For their Coats 000200. li. per Annum For their Board-wages 001000. li. per Annum The 20. Messengers which are Trumpeters For their Coats 000200. li. per Annum For their Board-wages 001000. li. per Annum For Ornament of the Masters of the Youth 005000. li. per Annum Sum 189370. li. per Annum Out of the Personall Estates of every man who at his death bequeatheth nof above Forty shillings unto the Master of that Hundred wherein it lyes shall be levied one per Cent untill the solid Revenue of the Muster of the Hundred amount unto 50. l. per annum for the Prizes of the Youth The twelve Ballotines are to be divided into three Regions according unto the Course of the Senate the four of the first Region to be elected at the Tropick out of such Children as the Knights of the same shall offer not being under Eleven yeers of age nor above 13. And their Election thall be made by the Lot at an Urn set by the Serjant of the house for that purpose in the Hall of the Pantheon The Livery of the Common-wealth for the fashion or the colour may be changed at the Election of the Strategus according unto his phantasy But every Knight during his Session shall be bound to give unto his Foot-man or some one of his Foot-men the Livery of the Common-wealth The Prerogative Tribe shall receive as followeth The 2. Tribunes of the Horse 000014 li. by the Week The 2. Tribunes of the Foot 000012 li. by the Week The 3. Captains of Horse 000015 li. by the Week The 3. Cornets 000009 li. by the Week The 3. Captains of Foot 000012 li. by the Week The 3. Ensigns 000007 li. by the Week The 442 Horse at 2 l. a man 000884 li. by the Week The 592 Foot at 1 l. 10 s. a man 000888 li. by the Week The 6. Trumpeters 000007 li. 10 s. by the Week The three Drummers 000002 li. 5 s. by the Week Summ by the Week 001850 li. 15. s. Summ by the Year 096239 li. The Totall of the Senate the People and the Magistracy 287459 l. 15. s. The dignity of the Common-wealth and ayds of the severall Magistracies and Offices thereunto belonging being provided for as aforesaid the Overplus of the Excize with the Product of the Summe rising shall be carefully