Brief directions shewing how a fit and perfect model of popular government may be made, found, or understood Harrington, James, 1611-1677. This text is an enriched version of the TCP digital transcription A45611 of text R4541 in the English Short Title Catalog (Wing H807). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 41 KB of XML-encoded text transcribed from 12 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A45611 Wing H807 ESTC R4541 12315735 ocm 12315735 59396 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A45611) Transcribed from: (Early English Books Online ; image set 59396) Images scanned from microfilm: (Early English books, 1641-1700 ; 632:9) Brief directions shewing how a fit and perfect model of popular government may be made, found, or understood Harrington, James, 1611-1677. 23 p. Printed for Daniel Pakeman ..., [London : 1659] Caption title. Imprint from colophon. Signed at end: "Novemb. 13. 1658. Octavian Pulleyn warden". Partly inked out, perhaps indicating a printer's error. Reproduction of original in Bodleian Library. eng Political science -- Early works to 1800. A45611 R4541 (Wing H807). civilwar no Brief directions shewing how a fit and perfect model of popular government may be made, found, or understood. Harrington, James 1659 7773 8 0 0 0 0 0 10 C The rate of 10 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2004-12 TCP Assigned for keying and markup 2004-12 Aptara Keyed and coded from ProQuest page images 2005-01 Judith Siefring Sampled and proofread 2005-01 Judith Siefring Text and markup reviewed and edited 2005-04 pfs Batch review (QC) and XML conversion BRIEF DIRECTIONS Shewing how a fit and perfect MODEL OF Popular Government may be made , found , or understood . THere is nothing more apparent , than that this Nation is greatly disquieted and perplexed through a complication of two Causes : The one , that the present state thereof is not capable of any other Form , than that onely of a Popular Government ; The other , that they are too few who understand what is the Form or Model naturally necessary unto a Popular Government , or what is required in that Form or Prudence , for the sitting of it unto the use of this Nation . For these Infirmities , I shall offer some Remedy by a brief Discourse or Direction , consisting of two Parts . The first shewing those Forms or Models of Popular Government , or of Common-wealths , which have been hitherto extant , whether fit or unfit for the present . State of this Nation : The second , shewing a Model Form of Popular Government fitted unto the present state of this Nation . In the first part I shall propose seven Models roughly and generally : In the second , one , but more particularly and exactly . THE FIRST PART . IN every Frame of Government , either the Form must be fitted unto the Propriety as it standeth , and this onely is practicable in this Nation ; or the Propriety must be altered and fitted unto the Frame , which without force hath been sometimes , but very seldom , practicable in any other Nation . Nevertheless , for the better knowledge of the One way , it will be best to propose in both wayes . THE FIRST MODEL OF POPULAR GOVERNMENT , PROPOSED . THat the Nobility , the Gentry , and the People , be perswaded to give up their whole Lands unto the Common-wealth . That if the whole People shall so give up their Lands , they be divided into twelve equal Precincts , called Tribes . That the man of greatest quality in every Tribe have about ten thousand pounds a year given unto him and his heirs , with the hereditary Dignity of Prince of his Tribe . That some ten other men of the next quality under the Prince in every Tribe , have about two thousand pounds a year in the same given unto each of them and their heirs , with the hereditary Dignity of Patriarchs , or Chief of the Fathers . That the remaining part of the Lands , except forty eight Cities and their Suburbs , be distributed unto the whole People equally by Lots . That it be not lawful for any Prince , Patriarch , or other , to sell or alienate his Land , or any part thereof , in such manner , but that upon every fiftieth year , being for this cause a year of Jubile , all Lands within that compass sold or alienated return unto the ancient possessors or lawful heirs . That there be one other Tribe added unto the twelve ; that this Tribe so added , be not local , nor suffered to have any Lands at all , except the forty eight Cities above reserved , with their Suburbs ( that is ) with a quantity of Land to each of them , being in depth two thousand cubits round . That these be setled upon them and their heirs for ever , besides the annual Tithe of the whole Territory , and a piece of Money every year upon every Head under the notion of an Offering , in regard that other Offerings are now unlawful ; and that this Tribe consist of Clergy , having one hereditary Archbishop , or High-Priest , for the Head and Prince of their Tribe . That there be no other Law than that of the Word of God onely ; and that the Clergy being best skilled in this Law , be eligible into all Courts of Justice , all Magistracies and Offices whatsoever . That the Prince of a Tribe , together with one or more Courts , consisting of twenty three Judges elected by the People of that Tribe for life , be the Government of the same . That the People of the twelve local Divisions , take by the Ballot wise men and understanding among their Tribes , and of these constitute a Senate for the whole Common-wealth , consisting of seventy Elders for life . That every local Tribe monethly elect two thousand of their own number ; and that these Elections amounting in all unto four and twenty thousand , assemble at the Metropolis or Capital City , and be the monethly Representative of the People . That the Senate be a standing Judicatory of Appeal from all other Courts , with power to shew the Sentence of the Laws of God . That besides the Law of God , whatever shall be proposed by the seventy Elders , and resolved by the monethly Representative of the People , be the Law of the Land . A SECOND MODEL OF A COMMON-WEALTH . PROPOSED . THat there be a King without guards . That the Word or Command of this King be the Law . That this King stirring out of his Palace , it may be lawful or any man to slay him . In this Model there wanteth but Security , that while the People are dispersed , the King can gather no Army ; to demonstrate , That either the People must be free , or the King a Prisoner . A THIRD MODEL OF A COMMON-WEALTH , PROPOSED . THat the Nobility , the Gentry , and the People , having upon perswasion given up their Lands to the Publick , the whole Territory be divided into One hundred thousand equal Lots , and two more , being each of Ten thousand Acres . That the inferiour Lots be distributed unto the People . That every man possessing a Lot , be a Citizen . That the rest , except onely the children of Citizens , be Servants unto , and Tillers of the ground for the Citizens . That there be no professed Students . That no Citizen exercise any Trade , but that of Arms onely ; and that the use of Money , except it be made of Iron , be wholly banished . That there be two Kings Hereditary : That each of them possess one of those Lots of ten thousand Acres . That they be Presidents of the Senate , with single Votes ; and that in War they have the leading of the Armies . That there be a Senate consisting , besides the Kings , of twenty eight Senators , elected for life by the People . That whatever be proposed by this Senate unto the whole People , or any ten thousand of them , and shall be Resolved by the same , be the Law . That there be a Court consisting of five annual Magistrates , elected by the People ; and that this Court have power to bring a King , a Senator , or other , that shall openly or secretly violate the Laws , or invade the Government , unto Justice . A FOURTH MODEL OF A COMMON-WEALTH , PROPOSED . THat there be a Representative of the People , consisting of five thousand . That these annually Elect by Lot a Senate , consisting of four hundred , and a Signiory by suffrage consisting of Nine annual Princes . That each fourth part of the Senate , for one fourth part of their annual term , be a Council of State . That the Council of State may assemble the Senate , and propose to the same : That the Senate may assemble the People , and propose unto them . And that what is proposed by the Senate , and resolved by the People , be the Law . That the Executive Power of the Laws made , be more especially committed and distributed in various Functions , and divers Administrations , unto the nine Princes . A FIFTH MODEL OF A COMMON-WEALTH , PROPOSED . THat the whole Nation be divided into three distinct Orders ; the one Senatorian , or Nobility ; the other Equestrian , or Gentry ; and the third Plebeian , or Popular . That the Equestrian Order be the Cavalry of the Common-wealth , and the Plebeian the Foot . That there be a Senate consisting of the Senatorian Order , and of three hundred Senators for life . That there be two Magistrates elected by the People ; for five years term , called Censors . That the Censors have power upon cause shewn to remove a Senator out of the Senate ; and to elect a Noble man , or sometimes a Plebeian , thereby made Noble , into the Senate . That there be two annual Magistrates elected by the People , and called Consuls . That the Consuls be Presidents of the Senate , and have the leading of the Armies . That the Senate ( as they shall see occasion ) may nominate one person to be Dictator for some short term . That the Dictator for his term have Soveraign Power . That there be a Division of the whole People , of what Orders soever , into six Classes , according unto the valuation of their Estates . For Example : That the first Classis consist of all such as have two thousand pounds a year , or upwards ; the second , of all such as have One thousand pounds a year , or upwards , under two ; the third , of all such as have Six hundred pounds a year , or upwards , under one thousand ; the fourth , of all such as have Three hundred pounds a year , or upwards , under six hundred ; the fifth , of all such as have under the former proportion ; the sixth , of all such as pay no Taxes , or have no Land ; and that these be not used in Arms . That the Senate propose all Laws to be Enacted , unto an Assembly of the People . That all Magistrates be elected by the same . That this Assembly of the People consist of the five Classes , in such manner , that if the Votes of the first and second Classis be near equal , the third Classis be called , and if these agree not , the fourth be called ; and so for the rest . That what is thus proposed by the Senate , and resolved by the People , be the Law . In this Frame the Senate , by the Optimacy of the first and second Classes , ( which seldom or never disagree ) carrieth all , to the exclusion of the main Body of the People : whence ariseth continual fewd or enmity between the Senate and the People ; who consulting apart , introduce Popular Debate , set up some other way of Assembly , as by Tribes , or by Parishes , with more Equality of Votes , Elect Magistrates of their own , Make Decrees binding the Senate or Nobility , Endevour to curb their Power by weakning their Ballance , or diminishing of their Estates : All these tumultuously , and to the Alteration of the Government , with so frequent Changes under so divers shapes , as make a very Proteus of the Common-wealth , till having been all her life-time afflicted with Anarchy , she end her dayes in Tyranny . THE SIXTH MODEL OF A COMMON-WEALTH , PROPOSED . THat the Soveraign Power be estated upon Four thousand select men , to them and their Heirs for ever . That there be a great Council consisting of these Four thousand ; and that their Sons at five and twenty years of age have right unto the same . That the great Council elect one Duke for life ; That the Duke have a Royal Palace assigned , with a guard , at the States charge , and a Revenue of Fifteen hundred pounds a year ; and that he bear the Soveraign Dignity of the Common-wealth . That this Duke have six Counsellors annually chosen by the great Council . That he have no power to Sign any Writing , though in his own Name , nor to do any of his Political Functions without his Counsellors . That his Counsellors have power to Sign any Writing in the Dukes Name , or to do any of his Political Functions without him ; and that the Duke with these six Counsellors be the Signiory of the Common-wealth . That the Signiory of this Common-wealth have session and suffrage in all the Councils of the same , with right also to popose unto each or any of them , either joyntly or severally . That one hundred and twenty elected annually by the great Council , together with other Councils and Magistrates , to whom of course the like Honour is appertaining , be the Senate . That sixteen other Magistrates proposed by the Senate , and confirmed by the great Council for the term of six moneths , be a Council apart , with three weekly Provosts or Proposers , called the Colledge . That the Signiory may assemble the College , and propose to them ; that the College may assemble the Senate , and propose to them ; and that the Senate may assemble the great Council , and propose to them . And that whatever is resolved by the Senate , and not contradicted , nor questioned by the great Council , be the Law . That there be a Council of ten Elected annually by the great Council ; and that this Council of ten , with the Signiory , and some of the College , having right of Session and Suffrage in the same , may upon occasion exercise Dictatorian Power in this Common-wealth . That the rest of the People under the Empire of this Common-wealth , be disarmed , and governed by Lieutenants of Provinces . That the Common-wealth have a standing Army of strangers or others , in Discipline and Pay . And that the City wherein she shall reside , be founded in the Sea , after such a manner , that it can no more be approached by a Fleet , than by an Army without a Fleet . Otherwise , this Common-wealth is exposed both to the Provinces , and to a mercenary Army . A SEVENETH MODEL OF A COMMON-WEALTH , PROPOSED . THat the People in every City , and in every Province or County within these three Nations , Elect unto every City , Province , or County of the same , a matter of twenty , thirty , or forty Magistrates for life . That these Magistrates being so elected , be the Senate of that respective City , Province or County . That the Senates , thus Elected , thence-forth have and enjoy the Soveraign Power within their respective Jurisdiction , for ever . That every Senate annually Elect two or four Burgomasters or Consuls , to be Presidents of the same . That they also Elect seven Magistrates , or present fourteen persons unto the Governour of the Province , and that he Elect seven . That the seven so Elected be Judges , or have the Executive power of the Laws for their term , and within their respective Jurisdiction . That in case of Affairs of more publick and general concernment , as War or Peace , Levy of Men or Money , and the like , the Governour of the Province give information of the things to be considered , unto the Nobility & to the Senates of that Province ; therewithall appointing a time and place for the Assembly of the States Provincial . That each of the Senates , having debated the matter proposed , delegate one Consul , with some other Senators well informed and instructed with their Will and Pleasure , unto the Assembly of the States Provincial . That the Nobility of the same Province delegate some of their Order likewise , to the Provincial States . That the Delegates both of the Nobility and of the Senates , give the Vote of their Principals according unto instruction ; and that neither the Nobility , nor any Senate or Soveraignty be otherwise bound , than by their own Vote . That the Provincial Estates Elect one Magistrate for life , or during pleasure , to be Provincial Governour : That they Elect one or more other Magistrates for life , or during pleasure , to be States General . That the States General being Elected , and well instructed by their Provinces , have the direction of the whole League : That each give not his own Vote , but the Vote of his Province ; and that no Province be othewise bound , than by her own Vote . IF these Models ( in which I clame to be the first that hath laid the whole , and the highest Mysteries of the ancient Common-wealths , unto the lowest capacity of Vulgar Debate ) be not all in the mouthes of great men , and in Pamphlets , for Chymera's or Utopia's , it is great chance : Yet contain they no less than the whole Revolution of Popular Prudence . Nor is it more certain , That no one of them would fit the present state of this Nation , than that he or they , whose Contemplation and Vnderstanding is not well versed in the most , or in the best of these , shall never fit a Model of Popular Government unto the present state of this Nation , or of any other . In which assurance , I come to fulfil my promise in the Second Part ; or to propose such a Model as is fitted unto the present state of this Nation . THE SECOND PART , Proposing a MODEL of A COMMON-WEALTH Fitted unto the Present State of this Nation . But so it is ever , That the Humours or Interests of predominant Parties , hold themselves to be National : and that which fitteth them , can never fit a Nation ; nor that which fitteth a Nation , ever fit them . This in the Introduction of Government , is alwayes the main Difficulty . But where parties are no better founded , or fitted for Vsurpation , than now in England , they are rather to be slighted than considered , as these , the stoutest whereof have but given this Example unto the rest , That they , who in this state of Affairs shall obstruct an equal and well-ordered Government , shall but ruine themselves . For which cause it is proposed . 1. THat all Citizens , ( that is ) Freemen , or such as are not Servants , be distributed into Horse and Foot . That such of them as have one hundred pounds a yeer in Lands , Goods , or Money , or above this proportion , be of the Horse , and all such as have under this proportion be of the Foot . 2. That all Elders , or Free-men , being thirty years of age or upwards , be capable of civil administration , and that the Youth , or such Free-men as are between Eighteen years of age , and Thirty , be not capable of civil administration , but of military only , in such manner as shall follow in the military part of this Model . 3. That the whole Native , or proper Territory of the Common Wealth be cast with as much exactness as can be convenient , into known and fixed Praecincts , or Parishes . 4. That the Elders resident in each Parish annually assemble in the same , for example upon Monday next ensuing the last of December : That they then & there elect out of their own nnmber every fifth Man , or one Man of every five , to be for the term of the year ensuing a Deputy of that Parish , and that the first and second so elected be Overseers , or Presidents for the regulating of all parochial congregations , whether of the Elders , or of the Youth , during the term for which they were elected . 5. That so many Parishes lying neerest together , whose Deputies shall amount to one hundred or thereabouts , be cast 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 Capital of the same . 6. That the parochial Deputies elected throughout the Hundred assemble annually , for example upon Monday next ensuing the last of January , at the Capital of their Hundred . That they then and there elect out of the Horse of their number one Justice of the peace , one Jury Man , one Captain , one Ensigne ; and out of the Foot of their number one other Jury Man , one high Constable , &c. 7. That every twenty Hundreds lying neerest , and most conveniently together , be cast into one Tribe , that the whole Territory being after this manner cast into Tribes , some Town or place be appointed unto every Tribe for the Capital of the same ; And that these three Precincts , ( that is the Parish , the Hundred , and the Tribe , whether the Deputies thenceforth annually chosen in the Parishes , or Huudreds , come to increase , or diminish , remain firm , and inalterable for ever , save only by Act of Parliament . The Tribes are presumd throughout these propositions to amount unto fifty . 8. That the Deputies elected in the several Parishes , together with their Magistrates and other officers both civil and Military elected in the several Hundreds , assemble or muster annually , for example upon Monday next ensuing the last of February , at the Capital of their Tribe , for the space of two days . 9. That this whole body thus assembled , upon the first day of their assembly elect out of the Horse of their number , one High Sheriff , one Lieutenant of the Tribe , one Custos Rotulorum , one Conductor , and two Censors . That the High Sheriff be Commander in chief , the Lieutenant commander in the second place , and the Conductor in the third place , of this Band or Squadron : That the Censors Rotulorum be Muster-Master , and keep the rolls ; That the Censors be Governours of the ballot , and that the term of these Magistracies be annual . 10. That the Magistrates of the Tribe ( that is to say ) the High Sheriff , Lieutenant , Custos Rotulorum , the Censors , and the Conductor , together with the Magistrates and Officers of the Hundreds , ( that is to say ) the twenty Justices of the Peace , the forty Jury men , the twenty High Constables , be one Troop , or one Troop and one Company a part , called the Prerogative Troop or Company . That this Troop bring in and assist the Justices of Assize , hold the Quarter Sessions in their several Capacities , and perform their other functions as formerly . 11. That the Magistrates of the Tribe ( that is to say ) the High Sheriff , Lieutenant , Custos Rotulorum , the Censors and the Conductor , together with the twenty Justices elected at the Hundreds , be a 〈◊〉 for the Government of the Tribe called the Phylarch , and that this Court proceed in all matter of Government as shall from time to time be directed by Act of Parliament . 12. That the Squadron of the Tribe upon the second day of their assembly , elect two Knights , and three Burgesses out of the Horse of their number , and four other Burgesses out of the Foot of their number , that each Knight upon election forthwith make Oath of allegiance unto the Common-Wealth , or refusing such Oath , the next compe●itor in election to the same Magistracy , making the said Oath , be the Magistrate . The like for the Burgesses . That the Knights thus sworn , have Session in the Senate , for the term of three years , and that the Burgesses thus sworn , be of the Prerogative Tribe or representative of the People for the like term . 13. That for the full and perfect institution of the Assemblies mentioned , the Squadron of the Tribe in the first yeer of the Common-wealth , elect two Knights for the term of one year , two other Knights for the term of two years , and lastly two Knights more for the term of three years , the like for the Burgesses of the Horse first , and then for those of the Foot . And that this proposition be of no farther use than for the first years election only . 14. That a Magistrate or officer elected at the Hundred be thereby barred from being elected a Magistrate of the Tribe , or of the first days election ; but that no former election whatsoever , bar a man of the second days election at the Tribe , or to be chosen a Knight or Burgess . That a man being chosen a Knight or Burgess , who before was chosen a Magistrate or Officer of the Hundred , or Tribe , may delegate his former Office or Magistracy in the Hundred , or in the Tribe , to any other Deputy , being no Magistrate ; nor Officer , and being of the same Hundred , and of the same Order , that is of the Horse or Foot respectively . 15. That the Knights of the annual election , take their places upon Monday next ensuing the last of March in the Senate ; that the like number of Knights whose session determineth at the same time recede . That every Knight or Senator be paid out of the Publick Revenue quarterly , one hundred twenty five pounds during his term of Session , and be obliged to sit in purple robes . 16. That annually upon reception of the new Knights , the Senate proceed to election of new Magistrates and Counsellors . That for Magistrates they elect one General , one Speaker , and two Censors , each for the term of one year , these promiscuously , and that they elect one Commissioner of the great Seal , and one Commissioner of the Treasury , each for the term of three years , and out of the new Knights only . 17. That the General and the Speaker as Consuls of the Common-Wealth , and Presidents of the Senate , be during the term of their Magistracy paid quarterly out of the publick revenue five hundred pounds ; that the Ensigns of these Magistracies be a Sword borne before the General , and a Mace before the Speaker , that they be oliged to wear Ducal Robes . And that what is said of the General in this proposition be understood only of the General sitting , and not of the General marching . 18. That the General sitting , in case he be commanded to march , receive field pay ; and that a new General be forthwith elected by the Senate to succeed him in the house , with all the rights , ensigns and emoluments of the General sitting , and this so often as one or more Generals are marching . 19. That the three Commissioners of the great Seal , and the three Commissioners of the Treasury , using their Ensigns and habite and performing their other functions as formerly , be paid quarterly unto each of them three hundred seaventy five pounds . 20. That the Censors govern the ballot , that they be Presidents of the Counsel for Religion , that each have a silver Wand for the ensigne of his Magistracy , that each be paid quarterly three hundred seaventy five pound , sand be obliged to wear scarlot Robes . 21. That the General sitting , the Speaker , and the 〈◊〉 Commissioners abovesaid be the Signory of this Common-Wealth . 22. That there be a Council of State consisting of fifteen Knights , five out of each Order , List , or election , and that the same be perpetuated by the annual election of five out of the new Knights or last elected into the Senate . 23. That there be a Council for Religion consisting of twelve Knights , four out of each Order , and perpetuated by the annual election of four out of the Knights last elected into the Senate . That there be a Council for trade consisting of a like number , elected and perpetuated in the same manner . 24. That there be a Council of War not elected by the Senate , but elected by the Council of State out of themselves . That this Council of War consist of nine Knights , three out of each Order , and be perpetuated by the annual election of three , out of the last Knights elected into the Council of State . 25. That in case the Senate add nine Knights more elected promiscuously , or not promiscuously , out of their own number , unto the Council of War , the said Council of War be understood by such addition , to be Dictator of the Common-Wealth for the term of three Moneths and no longer , except by farther Order of the Senate the said Dictatorian power be prolonged for a like term . 26. That the Signiory have Session and suffrage , with right also joyntly or severally to propose both in the Senate , and in all Senatorian Councils . 27. That each of the three Orders or divisions of Knights , in each Senatorian Council , elect one Provost for the term of one Week , and that any two Provosts of the same Council so elected , may propose unto the same Council for their term and not otherwise . 18. That some fair Room , or Rooms well furnished , and attended , be allowed at the States charge , for a free and open Academy unto all comers , at some convenient hour , or hours towards the Evening ; That this Academy be governed according unto the rules of good breeding , or civil conversation by some one or more of the Provosts , and that in this Academy it be lawfull for any Man by word of Mouth or by Writing , in jest or in earnest , to propose unto the Proposers . 29. That for Ambassadors in Ordinary , there be four Residences , as France , Spain , Venice , and Constantinople ; that every Resident upon elction of a new Embassador in Ordinary , remove to the next Rsidence in the Order hereby mentioned , till having served orderly in all the said Residences , he return home , that upon Monday next ensuing the last of November , there be every second year elected by the Senate some six person being above twenty five and under thirty five years of Age , and not of the Senate , nor of the Popular assembly . That the party so elected , repair on Monday next ensuing the last of March following , as an Embassador in Ordinary unto the Court of France , and there reside for the term of two years to be computed from the first of April next ensuing his election . That every Embassador in Ordinary , be allowed three thousand pounds a year during the term of his residences . And that if a Resident come to dy , there be an Extraordinary election into his Residence for his 〈◊〉 , and for the remainder of his removes , and progress . 30. That all emergent elections be made by scrutiny , that is by a Council , or by Commissioners proposing , and by the Senate resolving in the manner following . That all Field Officers be proposed by the Council of War . That all Embassadors Extraordinary , be proposed by the Council of State . That all Judges and Serjeants at Law , be proposed by the Commissioners of the great Seal . That all Barons and officers of trust in the Exchequer be proposed by the Commissioners of the Treasury , and that such of these as are thus proposed unto , and approved by the Senate , be held Lawfully elected . 31. That the cognizance of all forein negotiation , and of all matter of State to be considered , or Law to be enacted , whether Provincial or National , Domestick or Forein , appertain unto the Council of State . That all such affairs of like kind as the Council of State shall judge fit to be carryed with more than ordinary secrecy , be committed by them , and appertain unto the cognizance , and trust of the Council of War , to this end consisting of a 〈…〉 , or Committee of the Council of State . That the Cognizance , and Protection , both of the National Religion , and of the Liberty of Conscience , equally established in this Nation , after the manner provided in the religious part of this Model , appertain unto the Council for Religion . That all matter of Traffick , and regulation of the same unto the Council for Trade . That in the exercise of these several Functions , each being naturally Senatorian of Authoritative only , no Council assume any other power , than such only as shall be particularly or expresly estated upon the same by Act of Parliament . 32. That what shall be Proposed unto the Senate by any one or more of the Signiory , or of the Proposers General ; or what ever was Proposed by any two of the Provosts , or particular Proposers unto their respective Council ; and upon debate at that Council shall come to be Proposed by the same unto the Senate , be necessarily debatable , and debated by the Senate . 33. That in all cases wherein power is derived unto the Senate by Law made , or by Act of Parliament , the 〈◊〉 of the Senate be ultimate ▪ That in all Cases of Law to be made , or not already provided for by Act of Parliament , as some particular Peace , or War , levy of men or mony , or the like , the result of the Senate be not ultimate , but preparatory only , and be Proposed by the Senate unto the Prerogative Tribe , or Assembly of the people , except only in Cases of such speed or secrecy , wherein the Senate shall judge the necessary slowness , or openness of like proceeding to be of detriment , or danger unto the Common-wealth . 34. That if upon the Motion● or Proposition of a Council , or Proposer General , the Senate adde nine Knights promiscuously , or not promiscuously chosen out of their own number unto the Council of War , the said Council of War , be thereby made Dictator , and have power of Life and Death , as also to Enact Laws in all cases of speed or secrecy for and during the term of three moneths and no longer , except upon new Order from the Senate : And that all Laws Enacted by the Dictator , be good and valid for the term of one year , and no longer , except the same be Proposed by the Senate , and resolved by the people . 35. That the Burgesses of the Annual Election returned by the Tribes , enter into the Prerogative Tribe upon Monday next ensuing the last of March ; and that the like number of Burgesses whose term is expired , recede at the same time . That the Burgesses thus entred . Elect unto themselves out of their own number two of the Horse , one to be Captain , and the other to be Cornet of the same , and two of the Foot , one to be Captain , the other to be Ensign of the same , each for the term of three years . That these Officers being thus Elected , the whole Tribe or Assembly proceed to the Election of four Annual Magistrates , two out of the Foot to be Tribunes of the Foot , and two out of the Horse to be Tribunes of the Horse . That the Tribunes be Commanders of this Tribe in chief so far as it is a Military body , and Presidents of the same , as it is a Civil Assembly . And lastly , that this whole Tribe be paid weekly as followeth , unto each of the Tribunes of the Horse seven pounds , unto each of the Tribunes of Foot six pounds , unto each of the Captains of Horse five pounds , unto each of the Captains of Foot four pounds , unto each of the Cornets three pounds , unto each of the Ensignes two pounds seven shillings , unto every Horseman one pound ten shillings , and to every one of the Foot one pound . 36. That inferiour Officers , as Captains , Cornets , Ensignes , be only for the Military Discipline of the Tribe , That the Tribunes have Session in the Senate without suffrage . That of Course they have Session and suffrage in the Dictatorian Council , so often as it is created by the Senate . That in all Cases to be adjudged by the People , they be Presidents of the Court or judicatory . 37. That Peculate or defraudation of the Publick , and all Casts or Crimes tending to the subversion of the Government , be tri●ble by the Prerogative Tribe , or the Assembly of the People , and that unto the same there●y an appeal in all causes , and from all Courts , Magistrates , or Councils , National , or Provincial . 38. That the right of debate , as also of Proposing to the People , be wholly and only in the Senate , without any power at all of result not deriv'd from the people , and estated upon the Senate by act of Parliament . 39. That the power of result be wholly and only in the People , without any right at all of debate . 40. That the Senate having debated and agreed upon a Law to be Proposed , cause promulgation of the said Law to be made for the space of six weeks before Proposition , ( that is ) cause the Law to be written fair , and hung up for the time aforesaid , in some of the most eminent places of the City , and of the Suburbs . 41. That promulgation being made , the Signiory demand of the Tribunes fitting in the Senate , at Assembly of the People . That the Tribunes upon such demand of the Signiory , or of the Senate , be obliged to assemble the Prerogative Tribe in Arms by sound of Trumpet , with Drums beating , and Colours flying , in any Town , Field , or Market-place , being not above six miles distant , upon the day , and at the hour appointed , except the meeting through inconvenience of the weather , or the like , be prorogued by consent of the Signiory and of the Tribunes . That the Prerogative Tribe being assembled accordingly , the Senate propose to them by two or more of the Senatorian Magistrates thereunto appointed , at the first promulgation of the Law . That the Proposers for the Senate open unto the People the occasion , motives , and reasons of the Senate for the Law to be proposed , and that the same being done , they put the Law or Proposition by distinct clauses unto the Ballot of the people . That if any material clause or clanses of the Proposition , or Law so Proposed , be rejected by the People , the clause or clauses so rejected may be reviewed , altered , and Proposed again unto the third time , if the Senate think fit , but no oftner . 42. That what is thus Proposed by the Senate , and resolved by the People , be the Law of the Land , and no other , except what is already received as such , or reserved unto the Dictatorian Council . 34. That every Magistracy , office , or election throughout this whole Common-Wealth , whether annual or triennial , be understood of course or consequence to injoyn an interval or vacation equal unto the term of the same . That the Magistracy or office of a Knight , and of a Burgess , be in this relation understood as one and the same , and that this order regard only such elections as are National or Domestick , and not such as are Forein , or contained in the P●ovincial parts of this Model . 44. That for an Exception from this rule , where there is but one Elder of the Horse in one and the same Parish , that Elder be eligible in the same without interval , and where there be above foure Elders of the Horse in one and the same Parish , there be not above half , nor under two of them eligible at the same election . 45. That throughout all the Assemblies & Councils of this Common-Wealth , the Quorum consist of one half in the time of health , and of one third part in a time of sickness , being so declared by the Senate . The use of the Ballot , being as full of prolixity and abstruseness in writing , as of dispatch and facility in practice , is presumed throughout all elections and results in this Model , and for the rest referr'd rather unto practice than writing . There remain the Relgions , Military and Provincial parts of this frame . But the civil Part being approv'd , they follow , or being not approv'd , may be spared . CONCLVSION OR The use of these PROPOSITIONS . THese propositions are so layd out to debate or examination , that a man having the mind to weigh discourse upon , or object against this Model , may do it in the parts with the most convenience . Any examination of , or objection against the whole , or any part in print or in writing , the Author holdeth himself bound to acknowlege , or answer : But as to meer discourse upon matters of this compass it is usually narrow : besides that in writing a Man must put himself upon hetter aym , than he can be obliged to take in discourse . Any one objection lying in writing against any one Order in this part of the Model , after such manner as to shew that the part or Order so invaded ought to be expunged , altered , or amended , unless it may be expunged , altered , or amended accordingly , destroyeth the whole . And any one or more objections so lying against any one or more of these orders or propositions , that thereby they may be expunged , altered or amended , must in the whole or in part make a better Model . In this case therefore , or in case no Objection ly , the use of these propositions will be such , as thereby any Man or any assembly of men , considering or debating upon them in order , may find or make a true Model of a well-ordered Common-Wealth . And that an Assembly can never make , or frame a Model of any Government otherwise than in some such manner , is proveable first by a Demonstration from the effect ; and secondly by a Demonstration from the cause . The demonstration from the effect is , that an Assembly no otherwise frameth a Law , or Order , than by having it first penned by some one man , and then judging upon it , and the Model of a Common-wealth must consist of many Laws or Orders . The demonstration from the cause is , that whereas reason consisteth of two parts , the one Invention , and the other Judgement , a man may be as far beyond any Assembly for Invention , as any Assembly can be beyond a man for Judgement ; or which is more , that the formation of a Model of Government requireth a strong faculty of Invention , and that an Assembly is naturally voyd of all manner of Invention . 〈…〉 FINIS . LONDON , Printed for Daniel Pakeman , at the Rain-bow in Fleet-street , 1659.