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the commonwealth of oceana-第28章

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ces; or variation from their respective rules and orders; under an appeal to the Parliament。 A marriage legitimately is to be pronounced by the parochial congregation; the muster of the hundred; or the phylarch。 And if a tribe have a desire (which they are to express at the muster by their captains; every troop by his own) to petition the Parliament the phylarch; as the council; shall frame the petition in the pavilion; and propose it by clauses to the ballot of the whole tribe; and the clauses that shall be affirmed by the ballot of the tribe; and signed by the hands of the six magistrates of the prime magnitude; shall be received and esteemed by the Parliament as the petition of the tribe; and no other。     〃Secondly; the phylarch has power to call to their assistance what other troops of the tribe they please (he they elders or youth; whose discipline will be hereafter directed); and with these to receive the judges itinerant in their circuits; whom the magistrates of the phylarch shall assist upon the bench; and the juries elsewhere in their proper functions according to the more ancient laws and customs of this nation。     〃Thirdly; the phylarch shall hold the court called the quartersessions according to the ancient custom; and therein shall also hear causes in order to the protection of liberty of conscience; by such rules as are or shall hereafter be appointed by the Parliament。     〃Fourthly; all commissions issued into the tribes by the Parliament; or by the chancery; are to be directed to the phylarch; or some of that troop; and executed by the same respectively。     〃Fifthly; in the case of levies of money the Parliament shall tax the phylarchs; the phylarchs shall tax the hundreds; the hundreds the parishes; and the parishes shall levy it upon themselves。 The parishes having levied the tax…money accordingly; shall return it to the officers of the hundreds; the hundred to the phylarchs; and the phylarchs to the Exchequer。 But if a man has ten children living; he shall pay no taxes; if he has five living; he shall pay but half taxes; if he has been married three years; or be above twenty…five years of age; and has no child or children lawfully begotten; he shall pay double taxes。 And if there happen to grow any dispute upon these or such other orders as shall or may hereto be added hereafter; the phylarchs shall judge the tribes; and the Parliament shall judge the phylarchs。 For the rest; if any man shall go about to introduce the right or power of debate into any popular council or congregation of this nation; the phylarch or any magistrate of the hundred; or of the tribe; shall cause him presently to be sent in custody to the Council of War。     The part of the order relating to the rolls in Emporium being of singular use; is not unworthy to be somewhat better opened。 In what manner the lists of the parishes; hundreds; and tribes are made; has been shown in their respective orders; where; after the parties are elected; they give an account of the whole number of the elders or deputies in their respective assemblies or musters; the like for this part exactly is done by the youth in their discipline (to be hereafter shown) wherefore the lists of the parishes; youth and elders; being summed up; give the whole number of the people able to bear arms; and the lists of the tribes; youth and elders; being summed up; give the whole number of the people bearing arms。 This account; being annually recorded by the master of the rolls; is called the 〃Pillar of Nilus;〃 because the people; being the riches of the commonwealth; as they are found to rise or fall by the degrees of this pillar; like that river; give an account of the public harvest。     Thus much for the description of the first day's work at the muster; which happened (as has been shown) to be done as soon as said; for as in practice it is of small difficulty; so requires it not much time; seeing the great Council of Venice; consisting of a like number; begins at twelve of the clock; and elects nine magistrates in one afternoon。 But the tribe being dismissed for this night; repaired to their quarters; under the conduct of their new magistrates。 The next morning returning to the field very early; the orator proceeded to      The twelfth order; 〃Directing the muster of the tribe in the second day's election; being that of the list called the galaxy; in which the censors shall prepare the urns according to the directions given in the ninth order for the second ballot; that is to say; with thirty…six gold balls in the middle urn; making four orders; and nine electors in every order; according to the number of the magistrates in the list of the galaxy; which is as follows:

1。 Knight 2。 Knight     To be chosen out of the horse。 3。 Deputy 4。 Deputy 5。 Deputy     To be chosen out of the horse。 6。 Deputy 7。 Deputy 8。 Deputy 9。 Deputy     To be chosen out of the foot。


    〃The rest of the ballot shall proceed exactly according to that of the first day。 But; forasmuch as the commonwealth demands as well the fruits of a man's body as of his mind; he that has not been married shall not be capable of these magistracies till he be married。 If a deputy already chosen to be an officer in the parish; in the hundred; or in the tribe; be afterward chosen of the galaxy; it shall be lawful for him to delegate his office in the parish; in the hundred; or in the tribe; to any one of his own order being not already chosen into office。 The knights and deputies being chosen; shall he brought to the head of the tribe by the lord high sheriff; who shall administer to them this oath: 'Ye shall well and truly observe and keep the orders and customs of this commonwealth which the people have chosen。' And if any of them shall refuse the oath; he shall be rejected; and that competitor which had the most voices next shall be called in his place; who; if he takes the oath; shall be entered in the list; but if he also refuses the oath; he who had most voices next shall be called; and so till the number of nine out of those competitors which had most voices be sworn knights and deputies of the galaxy。 (This clause; in regard to the late divisions; and to the end that no violence be offered to any man's conscience; to be of force but for the first three years only。) The knights of the galaxy being elected and sworn; are to repair; by the Monday next ensuing to the last of March; to the Pantheon or palace of justice; situated in the metropolis of this commonwealth (except the Parliament; by reason of a contagious sickness; or some other occasion; has adjourned to another part of the nation); where they are to take their places in the Senate; and continue in full power and commission as senators for the full term of three years next ensuing the date of their election。 The deputies of the galaxy are to repair by the same day (except as before excepted) to the halo situated in Emporium; where they are to be listed of the prerogative tribe; or equal representative of the people; and to continue in full power and commission as their deputies for the full term of three years next ensuing their election。 But; forasmuch as the term of every magistracy or office in this commonwealth requires an equal vacation;
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