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A45618 The Oceana of James Harrington and his other works, som [sic] wherof are now first publish'd from his own manuscripts : the whole collected, methodiz'd, and review'd, with an exact account of his life prefix'd / by John Toland. Harrington, James, 1611-1677.; Toland, John, 1670-1722. 1700 (1700) Wing H816; ESTC R9111 672,852 605

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him take it quite away † Neque id existima●e debes autorem me tibi esse ut tyrannidem in S. P. Q. R. in servitutem redactum teneas quod neque dicere meum n●que facere tuum est Whence this Empire being neither Hawk nor Buzzard made a flight accordingly and the Prince being perpetually tost having the Avarice of the Soldiery on this hand to satisfy upon the People and the Senat and the People on the other to be defended from the Soldiery seldom dy'd any other death than by one Horn of this Dilemma as is noted more at large by MACCHIAVEL But P. cap. 19. the Pretorian Bands those bestial executioners of their Captain 's Tyranny upon others and of their own upon him having continued from the time of AUGUSTUS were by CONSTANTIN the Great incens'd against them for taking part with his Adversary MAXENTIUS remov'd from their strong Garison which they held in Rome and distributed into divers Provinces The Benefices of the Soldiers that were hitherto held for Life and upon Duty were by this Prince made Hereditary so that the whole Foundation wherupon this Empire was first built being now remov'd shews plainly that the Emperors must long before this have found out som other way of support and this was by stipendiating the Goths a People that deriving their Roots from the Northern parts of Germany or out of Sweden had thro their Victorys obtain'd against DOMITIAN long since spred their Branches to so near a Neighborhood with the Roman Territorys that they began to overshadow them For the Emperors making use of them in their Armys as the French do at this day of the Switz gave them that under the notion of a Stipend which they receiv'd as Tribute coming if there were any default in the payment so often to distrein for it that in the time of HONORIUS they sack'd Rome and possest themselves of Italy And such was the transition of antient into modern Prudence or that breach which being follow'd in every part of the Roman Empire with Inundations of Vandals Huns Lombards Franks Saxons overwhelm'd antient Languages Learning Prudence Manners Citys changing the names of Rivers Macchiavel Countrys Seas Mountains and Men CAMILLUS CAESAR and POMPEY being com to EDMUND RICHARD and GEOFFREY The Gothic Balance TO open the Groundwork or Balance of these new Politicians Feudum says CALVIN the Lawyer is a Gothic word of divers significations for it is taken either for War or for a possession of conquer'd Lands distributed by the Victor to such of his Captains and Soldiers as had merited in his Wars upon condition to acknowlege him to be their perpetual Lord and themselves to be his Subjects Institution of Feudatory Principalitys OF these there were three Kinds or Orders The first of Nobility distinguish'd by the Titles of Dukes Marquisses Earls and these being gratified with the Citys Castles and Villages of the conquer'd Italians their Feuds participated of Royal Dignity and were call'd Regalia by which they had right to coin Mony create Magistrats take Toll Customs Confiscations and the like FEUDS of the second Order were such as with the consent of the King were bestow'd by these Feudatory Princes upon men of inferior Quality call'd their Barons on condition that next to the King they should defend the Dignitys 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 privat men whether Noble or not Noble oblig'd them in the like Duty to their Superiors these were call'd Vavasors And this is the Gothic Balance by which all the Kingdoms this day in Christendom were at first erected for which cause if I had time I should open in this place the Empire of Germany and the Kingdoms of France Spain and Poland But so much as has bin 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 Commonwealth THE Constitution of the late Monarchy of Oceana is to be consider'd in relation to the different Nations by whom it has bin 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 only it is to be remember'd here that if we have given over running up and down naked and with dappl'd hides learn'd to write and read and to be instructed with good Arts for all these we are beholden to the Romans either immediatly or mediatly by the Teutons for that the Teutons had the Arts from no other hand is plain enough by their Language which has yet no word to signify either writing or reading but what is deriv'd from the Latin Furthermore by the help of these Arts so learn'd we have bin capable of that Religion which we have long since receiv'd wherfore it seems to me that we ought not to detract from the memory of the Romans by whose means we are as it were of Beasts becom Men and by whose means we might yet of obscure and ignorant Men if we thought not too well of our selves becom a wise and a great People For the proof of the insuing Discourse out of Records and Antiquitys see Selden's Titles of Honor from pag. 593 to pag. 837. THE Romans having govern'd Oceana provincially the Teutons were the first that introduc'd the Form of the late Monarchy To these succeded the Scandians of whom because their Reign 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 Gothic Balance divided the whole Nation into three sorts of Feuds that of Ealdorman that of Kings Thane and that of Middle Thane The Teuton Monarchy WHEN the Kingdom was first divided into Precincts will be as hard to shew as when it began first to be govern'd it being impossible that there should be any Government without som Division The Division that was in use with the Teutons was by Countys and every County had either its Ealdorman or High Reeve The title of Ealdorman came in time to Eorl or Erl and that of High Reeve to High Sheriff Earls EARL of the Shire or County denoted the Kings Thane or Tehant by Grand Serjeantry or Knights Service in chief or in capite his Possessions were somtimes the whole Territory from whence he had his denomination that is the whole County somtimes more than one County and somtimes less the remaining part being in the Crown He had also somtimes a third or som other customary
For remedy wherof or to avoid this there can be no way but to make the Commonwealth very inequal IN answer to this there will need no more than to repeat the same things honestly Mr. HARRINGTON speaks of the national Balance of Empire p. 40. to this sense Where the Nobility holds half the Property or about that proportion and the People the other half the shares of the Land may be equal but in regard the Nobility have much among Few and the People little among Many the Few will not be contented to have Authority which is all their proper share in a Commonwealth but will be bringing the People under Power which is not their proper share in a Commonwealth wherfore this Commonwealth must needs be inequal And except by altering the Balance as the Athenians did by the Sisacthia or recision of Debts or as the Romans went about to do by an Agrarian it be brought to such an equality that the whole Power be in the People and there remain no more than Authority to the Nobility there is no remedy but the one with perpetual feud will eat out the other as the People did the Nobility in Athens and the Nobility the People in Rome Where the Carcase is there will be the Eagles also where the Riches are there will be the Power So if a few be as rich as all the rest a few will have as much Power as all the rest in which case the Common-wealth is inequal and there can be no end of staving and tailing till it be brought to equality Thus much for the national Balance For the provincial there Power dos not follow Property but the contrary This the Prevaricator having acknowledg'd le ts slip to the end he may take a gripe of Venice which because the three or four thousand of which originally consisted and now consists that whole Government having acquir'd Provinces and increase of their City by later comers do not admit these to participation of Power he says is an inequal Commonwealth He will be a Mill-horse whether the Cake be dow or not for this is to draw in a circle and Rome which by his former Arguments should have bin equal by this again must be inequal seeing Rome as little admitted her Provinces into the body of the Commonwealth as dos Venice This clash is but by way of Parenthesis to return therfore to the business in present agitation THE Estates be they one or two or three are such as was said by virtue of the Balance upon which the Government must naturally depend Wherfore constitutively the Government of France and all other Monarchys of like Balance was administer'd by an Book I Assembly of the three Estates and thus continu'd till that Nation being vanquish'd by the English CHARLES the 7 th was put to such shifts as for the recovery of himself in the greatest distress he could make To which recovery while the Estates could not be legally call'd he happening to attain without them so order'd his affairs that his Successors by adding to his Inventions came to rule without this Assembly a way not suting with the nature of their Balance which therfore requir'd som Assistance by force and other concurring Policys of like nature wherof the foren Guards of that Monarchy are one the great baits alluring the Nobility another and the emergent Interest of the Church a third TO begin with the last of these the Church except it be in a War for Religion as when they join'd with the Princes of Lorrain and what Party of the French Nobility were made or they could make against the King of Navar are not of themselves so hot at hand or promt to Arms but the King being to use their word no Heretic thro their great apprehension of the third Estate as that which is most addicted to the Protestant Religion may be confident they will never side with the People So by this emergent Interest or Accident he has the Church sure enough FOR the Nobility which is exceding gallant this Change has the greatest baits for wheras the Church being not spar'd the third Estate is laden and the Peasant overladen with Taxes the Nobility is not only at better ease in this regard but for the greater or more considerable part receives advantage by it the King having always whether in Peace or War a great Cavalry than which there is no better in the world for the Exercise Entertainment and Profit of the Nobility Governments of Citys Castles Provinces in abundance which he rarely distributes to any other The greater Nobility are Marechals Generals the less Officers in the Armys specially of the Horse the Emoluments wherof they receive also in time of Peace and many of this Order being Pensioners taste of the King's Liberality without taking pains or having any Imployment at all By which both that France is a Monarchy by a Nobility and how she holds her Nobility is apparent NOW the Church and the Nobility standing thus ingag'd to the King by which means he has two parts of the Balance to one it is demonstrable that the Government must be quiet Nor seeing the Church for the reason shewn is sure enough coms the Government since the Protestant Citys and Holds were demolish'd to be otherwise disquieted than by the flying out of the Nobility which whenever it happens in any party considerable either for the Number or the Interest causes the Crown to shake for it seldom coms to pass upon this occasion but the third Estate or som part of it takes Arms immediatly In which place it is worthy to observ'd that Wealth according to the distribution of the Balance has contrary motions The third Estate in France having Riches and those laden with Taxes com to have somthing to lose and somthing to save which keeps them in continual fear or hope The Nobility holding to the King the third Estate has somthing to lose which withholds them from Arms thro fear but the Nobility flying out the third Estate has somthing to save which precipitats them into Arms thro hope wheras the Peasant having nothing to save or to lose to hope or to fear never stirs The case standing thus the sufficiency of the French Chap. 9 Politician since the Masterpiece of Cardinal RICHLIEU in demolishing those Walls of the Protestants which had otherwise by this time bin a Refuge for the third Estate and perhaps overturn'd the Monarchy lys altogether in finding for the Nobility work abroad or balancing them in such sort at home that if a Party flys out there may be a stronger within to reduce it or at least to be oppos'd to it In this case lest the native Interest of the Nobility since the Assemblys of the three Estates were abolish'd might cool the remaining Party or make them slower in the redress of such Disorders or Discontents than were requisit the King is wisely provided of Foren Guards which being always in readiness and not obnoxious to the
by a greater part of their own Order he may have greater Power and less Security as at present in France THE safer way of this Government is by Orders and the Orders proper to it specially consist of a Hereditary Senat of the Nobility admitting also of the Clergy and of a Representative of the People made up of the Lords menial Servants or such as by Tenure and for Livelihood have immediat dependence upon them as formerly in England No such thing as pure Aristocracy or pure Democracy AN Aristocracy or State of Nobility to exclude the People must govern by a King or to exclude a King must govern by the People Nor is there without a Senat or mixture of Aristocracy any Popular Government Whence tho for discourse sake Politicians speak of pure Aristocracy and pure Democracy there is no such thing as either of these in Nature Art or Example The Superstructures of Popular Government WHERE the People are not overbalanc'd by one Man or by the Few they are not capable of any other Superstructures of Government or of any other just and quiet settlement whatsoever than of such only as consists of a Senat as their Counsillors of themselves or their Representatives as Soverain Lords and of a Magistracy answerable to the People as distributers and executioners of the Laws made by the People And thus much is of absolute necessity to any or every Government that is or can be properly call'd a Commonwealth whether it be well or ill order'd Definition of a well order'd Common-wealth Distinction of Magistracy BUT the necessary definition of a Commonwealth any thing well order'd is That it is a Government consisting of the Senat proposing the People resolving and the Magistracy executing MAGISTRACY is a stile proper to the executive part yet because in a Discourse of this kind it is hardly avoidable but that such as are of the proposing or resolving Assemblys will be somtimes compriz'd under this name or stile it shall be enough for excuse to say that Magistracy may be esteem'd of two kinds the one proper or Executive the other improper or Legislative Senats and their kinds A SENAT may consist of a Hereditary Order elective for life by it self or by som Magistrat or Magistrats of the same as the Senat of Rome consisted of the Patrician Order therinto eligible first by the Consuls and then by the Censors A Senat may consist of Senators elected by the People for life as that of Lacedemon It may consist of Senators eligible by the People for terms without any vacation or interval as the Senat of Venice or with intervals as the Senat of Athens which also for another difference was elected by lot Popular Assemblys and their kinds A POPULAR Assembly may consist of the whole People as the great Council of Venice for the Venetians tho call'd in respect of their Subjects Nobility are all that free People which is compriz'd in that Commonwealth or of a Representative as in Israel Again a Representative Book I of the People may be for life as in the particular Citys or Soveraintys of Holland improperly call'd Senats or it may be upon Rotation that is to say by changes or courses as that of Israel and the present Representative in England it may also be by lot as the Roman Tribes call'd the Prerogative and the Jurevocatae Supreme Magistrats and their kinds TO speak of Magistrats in a Commonwealth and all their kinds were to begin an endless discourse the present I shall therfore confine to such only as may be call'd Supreme Magistrats The Supreme Magistracy of a Commonwealth may be in one or more and it may be for life or for terms and vacations In one elective by the People for life as in the Duke of Venice whose Function is Civil and not Military In two Hereditarily as in the two Kings of Lacedemon whose Function was rather Military than Civil In nine annually elective by the People as in the nine Princes or Archons of Athens In two annually elected by the People as the Roman Consuls whose Power was both Military and Civil In a word it may be in one or more for life or for terms and vacations as shall best sute with the occasion Other differences in Commonwealths SOM Commonwealths consist of distinct Soveraintys as Switzerland and Holland others are collected into one and the same Soverainty as most of the rest Again som Commonwealths have bin upon Rotation or Courses in the Representative only as Israel Others in the Magistracy only as Rome Som in the Senat and in the Magistracy as Athens and Venice Others in som part of the Magistracy and in others not as Lacedemon in the Ephori and not in the Kings and Venice not in the Duke nor in the Procuratori but in all the rest Holland except in the Election of States Provincial which is emergent admits not of any rotation or courses There may be a Commonwealth admitting of Rotation throout as in the Senat in the Representative and in the Magistracy as that propos'd in Oceana Rotation or Courses ROTATION if it be perfect is equal election by and succession of the whole People to the Magistracy by terms and vacations Popular Election EQUAL Election may be by Lot as that of the Senat of Athens by Suffrage as that of Lacedemon or by Ballot as that of Venice which of all others is the most equal The Ballot THE Ballot as it is us'd in Venice consists of a Lot whence procedes the right of proposing and of an unseen way of suffrage or of resolving The different Genius of Commonwealths FROM the wonderful variety of parts and the difference of mixture hitherto scarce touch'd by any result those admirable differences that are in the Constitution and Genius of Popular Governments som being for defence som for increase som more equal others inequal som turbulent and seditious others like soft streams in a perpetual tranquillity T●● 〈◊〉 ●f Sedition in a Comm nwealth THAT which causes innat Sedition in a Commonwealth is Inequality as in Rome where the Senat opprest the People But if a Commonwealth be perfectly equal it is void of Sedition and has attain'd to perfection as being void of all internal causes of dissolution Definition of an equal Common-wealth AN equal Commonwealth is a Government founded upon a balance which is perfectly Popular being well fix'd by a sutable Agrarian and which from the balance thro the free suffrage of the People given by the Ballot amounts in the Superstructures to a Senat debating Chap. 4 and proposing a Representative of the People resolving and a Magistracy executing each of these three Orders being upon Courses or Rotation that is elected for certain t●rms injoining like Intervals The difference between Laws and Orders SUCH Constitutions in a Government as regard the Frame or Model of it are call'd Orders and such things as
farthest way about as I think the nearest way home Arms are of two sorts Proper or Improper that is Native or Foren PROPER and Native Arms are according to the triple nature of Government of three kinds Servants in Arms as the Helots in Lacedemon the Timariots and Janizarys in Turky Subjects in Arms as the Horse in France and the Seaguards or Forces in Venice or Citizens in Arms as those upon the Lexiarcha in Athens of the Morae in Lacedemon and the Legions in Rome IMPROPER or Foren Arms are of two sorts Auxiliarys and Mercenarys AUXILIARYS are such as are supply'd by virtue of som League as were those of the Latins and Italians to the Romans and those of the Cantons of Swiss except Zuric to the King of France or they may be such as are occasionally lent freely or let forth for Mony by one State to another the latter wherof differ not much from Mercenarys MERCENARYS are Soldiers of Fortune that have no other Trade than their Arms and let out themselves for Mony of such consisted the greatest part of the Carthaginian Strength such is the Land Force of Venice and notwithstanding the antient League of France with those Nations such at this day are the Swiss and Scotish Guards and somtimes a good part of the Foot in France MACCHIAVEL discourses upon these Particulars in his Art of War to admiration by whom I shall therfore steer WHERE the Arms in bulk are proper and consisting of Citizens they have other Trades and therfore are no Soldiers of Fortune and yet because the Commonwealth has Arms for her Trade in regard she is a Magistrat given for the good of Mankind and bears not her Sword in vain they are all educated as well in Military as Civil Disciplin taking their turns in service of either nature according to the occasion and the Orders of the Commonwealth as in Israel Athens Lacedemon and Rome which had if their Territorys permitted and somtimes as I may say whether their Territorys permitted or no as in Israel the vastest the highest temper'd and the best disciplin'd Militia that is to be found in the whole compass of Story Som Armys of Israel have consisted of three or four hundred thousand men Rome upon the rumor of a Gallic Tumult arm'd in Italy only without Plin. L. Aemilio Papo C. Atilio Regulo Coss. foren Aid seventy thousand Horse and seven hundred thousand Foot Book I things in our days when the Turk can hardly arm half so many not to be credited HENCE that a Commonwealth which had not first broken her self or bin broken by som other Commonwealth should not be found to have bin conquer'd by the Arms of any Monarch is not miraculous but a natural effect of an apparent Cause In this place or upon this Text Divines whom I would desire not to be Enemys of popular Power but to give MACCHIAVEL his due shall if they please hear him make a Arte della Guer. Proem goodly Sermon in these words If antient Commonwealths and Governments us'd Diligence in any other Order to make their People lovers of Peace faithful to their Country and to have the fear of God before their eys they doubl'd it in this of their Militia for of whom should your Country expect greater Faith than of such as have offer'd themselves to dy for her Whom should she indeavor to make greater Lovers of Peace than them who only can inslave her by force In whom should there be greater Fear of God than in such as carry their Lives in their hands This when Lawgivers and Captains rightly cinsider'd was the cause why Soldiers were esteem'd honor'd follow'd and imitated above all men in the World wheras since such Orders are broken and Custom is altogether deviated from the course of antient Prudence men are com to detest the Iniquity of the Camp and fly the Conversation of such as are in Arms as the Pestilence Where the Arms in bulk are proper but consist of Subjects they are the best next and but the best next as appears by all Examples antient and modern The Arms with which PYRRHUS Prince of Epyrus invaded the Romans were of Subjects yet that Prince tho he was not vanquish'd by the Romans confest their advantage and gave them over The Spaniard being a far more potent King than was PYRRHUS has acknowleg'd as much to the Hollanders tho a far less Commonwealth than Rome So have the Princes of Austria and of Burgundy to the Switzers That the Arms of Subjects are nevertheless as much superior to the Arms of Servants as inferior to the Arms of Citizens is as plain seeing as ALEXANDER with thirty thousand Subjects vanquish'd DARIUS having innumerable Slaves so thirty thousand Christians are at this day a match for any Army of Turks and we see Venice whose Force by Sea consists of Subjects to have made him quit that Element near as fully to her Dominion or Empire as did the Persian to Athens TO Arms that are proper but consist of Servants all the preeminence that can be given is that they are better than foren Arms a proof wherof we have in those of SELIMUS wherby he conquer'd the Mamalucs who being but a foren Force that held Egypt in subjection the Country was irrecoverably lost and for the reasons already shewn as easily kept IMPROPER Arms whether Auxiliary or Mercenary where the Force of a Prince or of a Commonwealth consists for the bulk or greater part of no other are the least effectual and the most dangerous of all For Auxiliarys or what effect has bin found of them by Princes or Commonwealths it was seen in France during the League by the Spaniard and in Holland during the Reign of Queen ELIZABETH by the English but especially in the Goths and Vandals who having bin Auxiliarys or Mercenarys rely'd upon by the later Emperors came therby to ruin the Roman Empire MERCENARYS who make their Arms their Trade must of Chap. 9 all others be the most pernicious for what can we expect less of such whose Art is not otherwise so profitable than that they should as MACCHIAVEL shews be breakers of their Faith given up to Rapin Enemys of Peace and Government TO instance in som Commonwealths that of Carthage after her first War with the Romans fell thro the Rebellion of SPENDIUS and MATHO Ringleaders of her Mercenarys into another that was far more dangerous Of such a Dilemma were the Arms of this State that if HANNIBAL had conquer'd Rome he must have bin King of Carthage and not conquering Rome Carthage was ruin'd The Commonwealth of Milan trusting her self to F. SFORZA and his Mercenarys became the Subject of her Servant and he her Duke Nor is Venice whose Land-Forces are of the same kind otherwise in safety as to these than by her Situation To give som instances of the same nature in Princes The Father of F. SFORZA being Captain of a like mercenary Army forc'd JOAN Queen of Naples whom
month of October that these being all chosen by that time then receive their Magistracy it consists also of sixty more call'd the Junta which are elected by the Scrutiny of the Old Senat that is by the Senat proposing and the Great Council resolving the rest of their Creation is after the same manner with the former In the Sixty of the Senat there cannot be above three of any one Kindred or Family nor in the Junta so many unless there be fewer in the former These Magistracys are all annual but without interval so that it is at the pleasure of the Great Council whether a Senator having finish'd his year they will elect him again The College THE College is a Council consisting more especially of three Orders of Magistrats call'd in their Language Savi as the Savi grandi to whose cognizance or care belong the whole affairs of Sea and Land the Savi di Terra ferma to whose care and cognizance belong the affairs of the Land and the Savi di Mare to whose cognizance appertain Book I the affairs of the Sea and of the Ilands These are elected by the Senat not all at once but for the Savi grandi who are six by three at a time with the interposition of three months and for the Savi di Terra ferma and the Savi di Mare who are each five after the same manner save only that the first Election consists of three and the second of two Each Order of the Savi elects weekly one Provost each of which Provosts has Right in any affair belonging to the cognizance of his Order to propose to the College Audience of Embassadors and matters of foren Negotiation belong properly to this Council The Signory THE Signory consists of the Duke and of his Counsillors The Duke is a Magistrat created by the Great Council for life to whom the Commonwealth acknowleges the Reverence due to a Prince and all her Acts run in his name tho without the Counsillors he has no Power at all while they can perform any Function of the Signory without him The Counsillors whose Magistracy is annual are elected by the Scrutiny of the Senat naming one out of each Tribe for the City is locally divided into six Tribes and the Great Council approving so the Counsillors are six whose Function in part is of the nature of Masters of Requests having withal power to grant certain Privileges but their greatest preeminence is that all or any one of them may propose to any Council in the Commonwealth Certain Rights of the Councils THE Signory has Session and Suffrage in the College the College has Session and Suffrage in the Senat and the Senat has Session and Suffrage in the Great Council The Signory or the Provosts of the Savi have power to assemble the College the College has power to assemble the Senat and the Senat has power to assemble the Great Council the Signiori but more peculiarly the Provosts of the Savi in their own Offices and Functions have power to propose to the College the College has power to propose to the Senat and the Senat has power to propose to the Great Council Whatever is thus propos'd and resolv'd either by the Senat for somtimes thro the security of this Order a Proposition gos no further or by the Great Council is ratify'd or becoms the Law of the Commonwealth Over and above these Orders they have three Judicatorys two Civil and one Criminal in each of which forty Gentlemen elected by the Great Council are Judges for the term of eight months to these Judicatorys belong the Avogadori and the Auditori who are Magistrats having power to hear Causes apart and as they judg fitting to introduce them into the Courts IF a man tells me that I omit many things he may perceive I write an Epitome in which no more should be comprehended than that which understood may make a man understand the rest But of these principal parts consists the whole body of admirable Venice THE Consiglio de' Dieci or Council of Ten being that which partakes of Dictatorian Power is not a limb of her but as it were a Sword in her hand This Council in which the Signory has also Session and Suffrage consists more peculiarly of ten annual Magistrats created by the Great Council who afterwards elect three of their own number by Lot which so elected are call'd Capi de' Dieci their Magistracy being monthly Again out of the three Capi one is taken by Lot whose Magistracy is weekly this is he who over against the Tribunal in the Great Council sits like another Duke and is call'd the Provost of the Dieci It belongs to these three Magistrats to assemble Chap. 12 the Council of Ten which they are oblig'd to do weekly of course and oftner as they see occasion The Council being assembl'd any one of the Signory or two of the Capi may propose to it the power which they now exercise and wherin for their assistance they create three Magistrats call'd the Grand Inquisitors consists in the punishment of certain heinous Crimes especially that of Treason in relation wherto they are as it were Sentinels standing upon the guard of the Commonwealth But constitutively with the addition of a Junta consisting of other fifteen together with som of the chief Magistráts having Right in cases of important speed or secrecy to this Council they have the full and absolute Power of the whole Commonwealth as Dictator THAT Venice either transcrib'd the whole and every part of her Constitution out of Athens and Lacedemon or happens to be fram'd as if she had so don is most apparent The Result of this Common-wealth is in the Great Council and the Debate in the Senat so was it in Lacedemon A Decree made by the Senat of Athens had the power of a Law for one year without the People at the end wherof the People might revoke it A Decree of the Senat of Venice stands good without the Great Council unless these see reason to revoke it The Pryians were a Council preparing business for the Senat so is the Collegio in Venice the Presidents of the Prytans were the ten Proedri those of the Collegio are the three Provosts of the Savi The Archons or Princes of Athens being nine had a kind of Soverain Inspection upon all the Orders of the Commonwealth so has the Signory of Venice consisting of nine besides the Duke The Quarancys in Venice are Judicatorys of the nature of the Heliaea in Athens and as the Thesmothetae heard and introduc'd the causes into that Judicatory so do the Avogadori and the Auditori into these The Consiglio de' Dieci in Venice is not of the Body but an Appendix of the Commonwealth so was the Court of the Ephori in Lacedemon and as these had power to put a King a Magistrat or any Delinquent of what degree soever to death so has the Consiglio de' Dieci This again is