James Harrington, The Rota, or a Model of a free State or equal Commonwealth (1660)

James Harrington (1611–1677)  


Note: This is part of the Leveller Collection of Tracts and Pamphlets.



Bibliographical Information

ID Number

T.323 [1660.01.09] James Harrington, The Rota, or a Model of a free State or equal Commonwealth (1660).


This HTML version comes from the 1771 edtiion edited by John Toland: The Oceana and Other Works of James Harrington, with an Account of His Life by John Toland (London: Becket and Cadell, 1771).

Estimated date of publication

9 Jan., 1660

Thomason Tracts Catalog information

TT. E.1013 (9 Jan., 1660)

Editor’s Introduction

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Text of Pamphlet

Table of Contents

THE ROTA: OR, A Model of a free State, or equal Commonwealth.



THE ROTA: OR, A Model of a free State, or equal Commonwealth.

Once proposed and debated in brief, and to be again more at large proposed to, and debated by a free and open Society of ingenious Gentlemen.

Ite fortes, ita fœlices.

RESOLVED, that the proposer be desired, and is hereby desired to bring in a model of a free state, or equal commonwealth, at large, to be farther debated by this society, and that in order thereunto it be first printed.

RESOLVED, that the model being proposed in print, shall be first read, and then debated by clauses.

RESOLVED, that a clause being read over night, the debate thereupon begin not at the sooner till the next evening.

RESOLVED, that such as will debate, be desired to bring in their queries upon, or objections against the clause in debate, if they think fit, in writing.

RESOLVED, that debate being sufficiently had upon a clause, the question be put by the ballotting-box, not any way to determine of, or meddle with the government of these nations, but to discover the judgment of this society, upon the form of popular government, in abstract, or secundum artem.

The Principles of Government.

ALL government is founded upon over-balance, in propriety.

If one man hold the over-balance unto the whole people in propriety, his propriety causeth absolute monarchy.

If the few hold the over-balance unto the whole people in propriety, their propriety causeth aristocracy, or mixed monarchy.

If the whole people be neither over-balanced by the propriety of one, nor of a few, the propriety of the people, or of the many, causeth the democracy, or popular government.

The government of one against the balance, is tyranny.

The government of a few against the balance, is oligarchy.

The government of the many, (or attempt of the people to govern) against the balance, is rebellion, or anarchy.

Where the balance of propriety is equal, it causeth a state of war.

To hold, That government may be founded upon community, is to hold, that there may be a black swan, or a castle in the air; or, that what thing soever is as imaginable, as what hath been in practice, must be as practicable, as what hath been in practice.

If the over-balance of propriety be in one man, it necessitateth the form of government to be like that of Turky.

If the over-balance of propriety be in the few, it necessitateth the form of the government to be like that of king, lords, and commons.

If the people be not over-balanced by one, or a few, they are not capable of any other form of government, than that of a senate, and a popular assembly. For example, as followeth.

For the FORM or MODEL in Brief of a FREE STATE, or equal COMMONWEALTH. It hath been proposed in this Manner:

1. LET the whole territory of Oceana be divided as equally as may be, into fifty parts or shires.

2. Let the whole inhabitants (except women, children, and servants) be divided according unto their age into elders and youth; and according unto their estates into horse and foot.

3. Let all such as are eighteen years of age or upwards to thirty, be accounted youth; and all such as are thirty or upwards, be accounted elders.

4. Let all such as have one hundred pounds a year, or upwards, in lands, goods, or money, be accounted of the horse; and all such as have under, be accounted of the foot of the commonwealth.

5. Let every parish in a shire elect annually the fifth elder of the same, to be for that year a deputy of that parish; if a parish be too small, let it be laid as to this purpose, unto the next; and in this respect, let every part of the territory appertain to some parish.

6. Where there is but one elder of the horse in a parish, let him be annually eligible, without interval: where there are more elders of the horse, let no deputy of the parish be re-eligible, but after the interval of one year.

7. Where there be four elders of the horse, or more, in one and the same parish, let not under two, nor above half of them, be elected, at one and the same election, or time.

8. Let the deputies thus elected at the parishes, assemble annually at the capital of their shire, and let them then and there elect out of their own number, two elders of the horse to be knights or senators, three elders of the horse, and four elders of the foot, to be of the assembly of the people, for the term of three years, injoining an equal vacation, or interval, before they can be re-elected in either of these capacities.

9. Let there be elected at the same time in each shire, the first year only, two other knights, and seven other deputies for the term of one year, and two other knights, with seven other deputies, for the term of two years, which in all constituteth the senate of three hundred knights, and the popular assembly of one thousand and fifty deputies, each being upon a triennial rotation, or annual change in one third part.

10. Let the senate have the whole authority or right of debating and proposing unto the people; let the popular assembly have the whole power of result; and let what shall be proposed by the senate, and resolved by the popular assembly, be the law of Oceana.

The Conclusion:

TWO assemblies thus constituted, must necessarily amount unto the understanding and the will, unto the wisdom and the interest of the whole nation; and a commonwealth, where the wisdom of the nation proposeth, and the interest of the people resolveth, can never fail in whatever shall be farther necessary for the right constituting of itself.

The MODEL at large of a FREE STATE, or equal COMMONWEALTH. Proposed in four Parts:

First, the Civil } Part. } Thirdly, the Military

Secondly, the Religious } Part. } Fourthly, the Provincial

PART I. For the Civil Part, it is proposed,

1. THAT the whole native or proper territory of Oceana (respect had unto the tax-role, unto the number of people, and to the extent of territory) be cast with as much exactness as can be convenient, into fifty precincts, shires, or tribes.

2. That all citizens, that is, free-men, or such as are not servants, be distributed into horse and foot, that such of them as have one hundred pounds a year in lands, goods, or money, or above that proportion, be accounted of the horse; and all such as have under that proportion, be accounted of the foot.

3. 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.

4. That the elder’s resident in each parish, annually assemble in the same; as for example, upon Monday next ensuing the last of December. That they then and there elect out of their own number every fifth man, or one man out of every five, to be for the term of the year 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 nearest 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 juryman, one captain, one ensign; and out of the foot of their number, one other juryman, one high constable, &c.

7. That every twenty hundreds lying nearest, and most conveniently together, be cast into one tribe, or shire. That the whole territory being after this manner cast into tribes, or shires, some town, village, or place, be appointed unto every tribe, or shire, for the capital of the same: and that these three precincts, that is, the parish, the hundred, and the tribe, or shire, whether the deputies thenceforth annually chosen in the parishes, or hundreds, come to increase, or diminish, remain firm, and unalterable for ever, save only by act of parliament.

8. That the deputies elected in the several parishes, together with their magistrates, and other officers, both civil and military, elected in their several hundreds, assemble, or muster annually; for example, upon Monday next ensuing the last of February, at the capital of their tribe, or shire.

9. That the whole body thus assembled upon the first day of the assembly, elect out of the horse of their number one high sheriff, one lieutenant of the tribe, or shire, 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, of this band, or squadron. That the custos rotulorum be muster-master, and keep the rolls. That the censors be governors 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 hundred, that is to say, the twenty justices of the peace, the forty jurymen, the twenty high constables, be one troop, and one company apart, 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, or shire, 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 court for the government of the tribe called the phylarch; and that this court proceed in all matters 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 the knights have session in the senate, for the term of three years, and that the burgesses be of the prerogative tribe, or representative of the people for the like term. That if in case of death, or expulsion, a place become void in the senate, or popular assembly, the respective shire or tribe have timely notice from the seignory, and proceed in the manner aforesaid unto extraordinary election of a deputy or senator, for the remaining part of the term of the senator or deputy, deceased or expelled.

13. That for the full and perfect institution, at once, of the assemblies mentioned, the squadron of each tribe or shire, in the first year of the commonwealth, 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.

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 day’s election. That no former election whatsoever bar a man of the second day’s 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, delegate his former office or magistracy in the hundred or 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 of the foot respectively. That the whole and every part of the foregoing orders for election in the parishes, the hundreds, and the tribes, be holding and inviolate upon such penalties, in case of failure, as shall hereafter be provided by act of parliament against any parish, hundred, tribe or shire, deputy or person so offending.

15. That the knights of the annual election in the tribes take their places on 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 seventy-five pounds, during his term of session, and be obliged to fit in purple robes.

16. That annually upon reception of the new knights, the senate proceed unto election of new magistrates and counsellors. That for magistrates they elect one archon or general, one orator or 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, out of the new knights only.

17. That the archon or general, and the orator or speaker, as consuls of the commonwealth, and presidents of the senate, be during the term of their magistracy paid quarterly five hundred pounds: that the ensigns of these magistracies be, a sword born before the general, and a mace before the speaker: that they be obliged to wear ducal robes: and that what is said of the archon or 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 fieldpay; 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 habit, and performing their other functions as formerly, be paid quarterly unto each of them three hundred seventy-five pounds.

20. That the censors be each of them chancellor of one university by vertue of their election: that they govern the ballot: that they be presidents of the council for religion: that they have under appeal unto the senate right to note and remove a senator that is scandalous: that each have a silver wand for the ensign of his magistracy: that each be paid quarterly three hundred seventy-five pounds, and be obliged to wear scarlet robes.

21. That the general sitting, the speaker, and the six commissioners abovesaid, be the seigniory of this commonwealth.

22. That there be a council of state consisting of fifteen knights, five out of each order 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 out of their own number into the council of war, the said council be understood by such addition, to be dictator of the commonwealth, for the term of three months, and no longer, except by further order of the senate the said dictatorian power be prolonged for a like term.

26. That the seigniory have session and suffrage, with right also, jointly 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 respective council, and not otherwise.

28. That some fair room or rooms well furnished and attended, be allowed at the state’s 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 to the rules of good breeding or civil conversation, by some or all of the proposers; and that in the same it be lawful for any man, by word of mouth, or by writing, in jest or in earnest, to propose unto the proposers.

29. That for embassadors in ordinary there be four residences, as France, Spain, Venice, and Constantinople. That every resident upon election of a new embassador in ordinary, remove to the next residence in the order nominated, till having served in them all, he return home. That upon Monday next ensuing the last of November, there be every second year elected by the senate some fit person, being under thirty-five years of age, and not of the senate, nor of the popular assembly. That the party so elected repair upon Monday next ensuing the last of March following, as 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 residencies; and that if a resident come to die, there be an extraordinary election into his residence for his term, 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 as are thus proposed and approved by the senate, be held lawfully elected.

31. That the cognizance of all matter of state to be considered, or law to be enacted, whether it be provincial or national, domestick or foreign, appertain unto the council of state. That such affairs of either kind as they shall judge to require more secrecy, be remitted by this council, and appertain unto the council of war, being for that end a select part of the same. That the cognizance and protection both of the national religion, and of the liberty of conscience equally established, after the manner to be shewn in the religious part of this model, appertain unto the council for religion. That all matter of traffick and regulation of the same appertain unto the council for trade. That in the exercise of these several functions, which naturally are senatorian or authoritative only, no council assume any other power, than such only as shall be estated upon the same by act of parliament.

32. That what shall be proposed unto the senate by one or more of the seigniory or proposers general, or whatever 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. That in all cases wherein power is derived unto the senate by law made or by act of parliament, the result of the senate be ultimate; that in all cases of law to be made, or not already provided for by act of parliament, as war and peace, levy of men, or money or the like, the result of the senate be not ultimate. That whatsoever is decreed by the senate upon a case wherein their result is not ultimate, be proposed by the senate unto the prerogative tribe, or representative of the people, except only in cases of such speed or secrecy, wherein the senate shall judge the necessary slowness, or openness, in this way of proceeding, to be of detriment, or danger unto the commonwealth.

33. That if upon the motion or proposition of a council or proposer general, the senate add nine knights, promiscuously chosen out of their own number unto the council of war; the same council, as thereby made dictator, have power of life and death, as also to enact laws in all such cases of speed or secrecy for and during the term of three months 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.

34. That the burgesses of the annual election returned by the tribes, enter into the prerogative tribe, popular assembly, or representative of the people, 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 entered, 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, and 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 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 ensigns two pounds seven shillings. Unto every horseman two pound; and to every one of the foot one pound ten shillings.

35. That inferior officers, as captains, cornets, ensigns, be only for the military discipline of this squadron or tribe. That the tribunes have session in the senate without suffrage; that they have session of course and with suffrage in the dictatorian council, so often as it is created by the senate. That they be presidents of the court in all cases, to be judged by the people: and that they have right under an appeal unto popular assembly, to note or remove any deputy or burgess that is scandalous.

36. That peculate or defraudation of the publick, all cases tending to the subversion of the government, be triable by this representative; and that there be an appeal unto the same in all causes, and from all magistrates, courts, and councils, whether national or provincial.

37. 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 derived from the people.

38. That the power of result be wholly and only the popular assembly, without any right at all of debate.

39. That the senate having debated and agreed upon a law to be proposed, cause promulgation of the same to be made for the space of six weeks before proposition, that is, cause the law to be printed and published, so long before it is to be proposed.

40. That promulgation being made, the seigniory demand of the tribunes being present in the senate, an assembly of the people. That the tribunes upon such demand by the seigniory or by the senate, be obliged to assemble the prerogative tribe or representative of the people 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 seigniory and the tribunes: that the prerogative tribe being assembly 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 law to be proposed; and the same being done, put it by distinct clauses unto the ballot of the people. That if any material clause or clauses be rejected by the people, they be reviewed by the senate, altered, and proposed, if they think fit, to the third time, but no oftner.

41. That what is thus proposed by the senate, and resolved by the people, be the law of the land, and no other, except as in the case reserved unto the dictatorian council.

42. That every magistracy, office, or election, throughout this whole commonwealth, whether annual or triennial, be understood of consequence, to injoin an interval or vacation equal unto the term of the same. That the magistracy 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 and domestick, and not such as are provincial or foreign.

43. That for an exception to 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 four elders of the horse or above in one and the same parish, there be not under nor above half of them eligible at the same election.

44. That throughout all the assemblies and councils of this commonwealth, 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.

PART II. For the religious Part, it is proposed:

45. THAT the universities, being prudently reformed, be preserved in their rights and indowments for and towards the education and provision of an able ministry.

46. That the legal and ancient provision for the national ministry be so augmented, that the meanest sort of livings or benefices, without defalcation from the greater, be each improved to the revenue of one hundred pounds a year, at the least.

47. That a benefice becoming void in any parish, the elders of the same may assemble, and give notice unto the vice-chancellor of either university, by certificate, specifying the true value of that benefice; that the vice-chancellor upon a receipt of such certificate, be obliged to call a congregation of the university; that the congregation of the university to this end assembled, having regard unto the value of the benefice, make choice of a person fitted for the ministerial function, and return him unto the parish so requiring; that the probationer, thus returned unto a parish, by either of the universities, exercise the office and receive the benefits, as minister of the parish for the term of one year. That the term of one year expired, the elders of the parish assemble, and put the election of the probationer unto the ballot. That if the probationer have three parts in four of the balls or votes in the affirmative, he be thereby ordained and elected minister of that parish; not afterwards to be degraded or removed but by the censors of the tribe, the phylarch of the same, or the council of religion, in such cases as shall be unto them reserved by act of parliament. That in case the probationer come to fail of three parts in four at the ballot, he depart from that parish; and if he return unto the university, it be without diminution of the former offices or preferments which he there enjoyed, or any prejudice unto his future preferment; and that it be lawful in this case for any parish to send so often to either university, and be the duty of either vice-chancellor, upon such certificates, to make return of different probationers, till such time as the elders of that parish have fitted themselves with a minister of their own choice and liking.

48. That the national religion be exercised according to a directory in that case, to be made and published by act of parliament. That the national ministry be permitted to have no other publick preferment or office in this commonwealth. That a national minister being convict of ignorance or scandal, be moveable out of his benefice by the censors of the tribe, under an appeal unto the phylarch, or to the council for religion.

49. That no religion being contrary unto, or destructive of Christianity, nor the publick exercise of any religion, being grounded upon, or incorporated into a foreign interest, be protected by, or tolerated in this state. That all other religions, with the publick exercise of the same, be both tolerated and protected by the council of religion; and that all professors of any such religion, be equally capable of all elections, magistracies, preferments and offices, in this commonwealth, according unto the orders of the same.

PART III. For the military Part it is proposed:

50. THAT annually upon Wednesday next ensuing the last of December, the youth of each parish, under the inspection of the two overseers of the same, assemble, and elect the fifth man of their number, or one in five of them, to be for the term of that year, deputies of the youth of that parish.

51. That annually, on Wednesday next ensuing the last of January, the said deputies of the respective parishes meet at the capital of the hundred, where there are games and prizes allotted for them, as hath been shewed elsewhere, that there they elect to themselves out of their own number, one captain, and one ensign. And that of these games, and this election, the magistrates, and officers of the hundred, be presidents and judges for the impartial distribution of the prizes.

52. That annually, upon Wednesday next ensuing the last of February, the youth through the whole tribe thus elected, be received at the capital of the same, by the lieutenant, as commander in chief, by the conductor, and by the censors; that under inspection of these magistrates, the said youth be entertained with more splendid games, disciplined in a more military manner, and divided by lot into sundry parts or essays, according to rules elsewhere given.

53. That the whole youth of the tribe thus assembled be the first essay. That out of the first essay there be cast by lot two hundred horse, and six hundred foot; that they whom their friends will, or themselves can mount, be accounted horse, the rest foot. That these forces amounting in the fifty tribes to ten thousand horse, and thirty thousand foot, be always ready to march at a week’s warning; and that this be the second essay, or the standing army of the commonwealth.

54. That for the holding of each province, the commonwealth in the first year assign an army of the youth, consisting of seven thousand five hundred foot, and one thousand five hundred horse. That for the perpetuation of these provincial armies, or guards, there be annually at the time and place mentioned, cast out of the first essay of the youth, in each tribe or shire ten horse, and fifty foot; that is, in all the tribes five hundred horse, and two thousand five hundred foot for Marpesia, the like for Pampea, and the like of both orders for the sea-guards, being each obliged to serve for the term of three years upon the state’s pay.

55. That the senate and the people, or the dictator, having decreed or declared war, and the field-officers being appointed by the council of war; the general, by warrant issued unto the lieutenants of the tribes, demand the second essay, or such part of it, as is decreed, whether by way of levy or recruit. That by the same warrant he appoint his time and rendezvous; that the several conductors of the tribes or shires deliver him the forces demanded at the time and place appointed. That a general thus marching out with the standing army, a new army be elected out of the first essay as formerly, and a new general be elected by the senate; that so always there be a general sitting, and a standing army, what generals soever be marching. And that in case of invasion, the bands of the elders be obliged unto like duty with those of the youth.

56. That an only son be discharged of these duties without prejudice. That of two brothers, there be but one admitted to foreign service at one time. That of more brothers not above half. That whoever otherwise refuseth his lot, except upon cause shewn he be dispensed withal by the phylarch, or upon penitence, he be by them pardoned and restored, by such refusal be uncapable of electing, or being elected in this commonwealth; as also, that he pay unto the state a fifth of his revenue for protection, besides taxes. That divines, physicians, and lawyers, as also trades not at leisure for the essays, be so far forth exempted from this rule, that they be still capable of all preferments in their respective professions with indemnity.

57. That upon warrants issued forth by the general for recruits or levies, there be an assembly of the phylarch in each tribe: that such voluntiers, or men being above thirty years of age, as are desirous of farther imployment in arms, appear before the phylarch so assembled. That any number of these not exceeding one moiety of the recruits or levies of that tribe or shire, may be taken on by the phylarch, so many of the youth being at the discretion of this council disbanded, as are taken on of the voluntiers. That the levies thus made, be conducted by the conductor of the respective tribe or shire, unto the rendezvous appointed: and that the service of these be without other term or vacation, than at the discretion of the senate and the people, or such instructions unto the general, as shall by them in that case be provided.

PART IV. For the provincial Part it is proposed:

58. THAT upon expiration of magistracy in the senate, or at the annual recess of one third part of the same, there be elected by the senate out of the part receding into each provincial council four knights for the term of three years, thereby to render each provincial council, presuming it in the beginning to have been constituted of twelve knights, divided after the manner of the senate, by three several lists or elections, of annual, triennial and perpetual revolution or rotation.

59. That out of the same third part of the senate annually receding, there be unto each province one knight elected for the term of one year. That the knight so elected be the provincial archon, general or governor. That a provincial archon, governor or general, receive annually in April, at his rendezvous appointed, the youth or recruits elected in the precedent month to that end by the tribes, and by their conductors delivered accordingly. That he repair with the said youth and recruits, unto his respective province, and there dismiss that part of the provincial guard or army, whose triennial term is expired. That each provincial governor have the conduct of affairs of war and of state, in his respective province, with advice of the provincial council; and that he be president of the same.

60. That each provincial council elect three weekly proposers or provosts, after the manner, and to the ends already shewn in the constitution of senatorian councils; and that the provost of the senior list during his term, be president of the council in absence of the provincial archon, or general.

61. That each provincial council proceed according unto instructions received from the council of state, and keep intelligence with the same by any two of their provosts, for the government of the province as to matter of war, or of state. That upon levies of native, or proper arms, by the senate and the people, a provincial council, having unto that end received orders, make levies of provincial auxiliaries accordingly. That auxiliary arms upon no occasion whatsoever exceed the proper or native arms in number. That for the rest, the provincial council maintain the provincials, defraying their peculiar guards and council, by such known proportion of tributes, as on them shall be set by the senate and the people, in their proper rights, laws, liberties and immunities, so far forth as upon the merits of the cause, whereupon they were subdued, it seemed good unto the senate and the people to confirm them. And that it be lawful for the provincials to appeal from their provincial magistrates, councils, or generals, to the people of Oceana.