Whereby may appear not only in part what use there is of dictatorian power in that government, but that it is assumed at the discretion of that Council; whereas in this of Oceana it is not otherwise intrusted than when the Senate, in the election of nine knights-extraordinary, gives at once the commission, and takes security in a balance, added to the Council of War, though securer before by the tribunes of the people than that of Venice, which yet never incurred jealousy; for if the younger nobility have been often girding at it, that happened not so much through the apprehension of danger in it to the commonwealth, as through the awe of it upon themselves. Wherefore the graver have doubtlessly shown their prudence in the law whereby the magistracy of these councillors being to last till' their successors be created, the council is established."The instructions of the councils for their matter being shown, it remains that I show the instructions for the manner of their proceeding, as they follow in --The twentieth order, "Containing the method of debates to be observed by the magistrates and the councils successively in order to a decree of the Senate.
"The magistrates of the signory, as councillors of this commonwealth, shall take into their consideration all matters of state or of government; and, having right to propose in any council, may, any one or more of them, propose what business he or they please in that council to which it most properly belongs.
And, that the councils may be held to their duty, the said magistrates are superintendents and inspectors of the same, with right to propose to the Senate.
"The censors have equal power with these magistrates, but in relation to the Council of Religion only.
"Any two of the three provosts in every council may propose to, and are the more peculiar proposers of, the same council; to the end that there be not only an inspection and superintendency of business in general, but that every work be also committed to a peculiar hand.
"Any one or more of the magistrates, or any two of the provosts respectively having proposed, the council shall debate the business so proposed, to which they of the third region that are willing shall speak first in their order; they of the second, next; and they of the first, last; and the opinions of those that proposed or spoke, as they shall be thought the most considerable by the council, shall be taken by the secretary of the same in writing, and each of them signed with the name of the author.
"The opinions being thus prepared, any magistrate of the signory, the censors, or any two of the provosts of that council, upon this occasion may assemble the Senate.
"The Senate being assembled, the opinions (for example, if they be four) shall be read in their order, that is, according to the order or dignity of the magistrates or councillors by which they were signed. And being read, if any of the council introducing them will speak, they, as best acquainted with the business, shall have precedence; and after them the senators shall speak according to their regions, beginning by the third first, and so continuing till every man that will has spoken; and when the opinions have been sufficiently debated, they shall be put all together to the ballot after this manner:
"Four secretaries, carrying each of them one of the opinions in one hand, with a white box in the other, and each following the other, according to the order of the opinions, shall present his box, naming the author of his opinion to every senator; and one secretary or ballotin with a green box shall follow the four white ones; and one secretary or ballotin with a red box shall follow the green one; and every senator shall put one ball into some one of these six boxes. The suffrage being gathered and opened before the signory, if the red box or non-sincere had above half the suffrages, the opinions shall be all cast out, for the major part of the house is not clear in the business. If no one of the four opinions had above half the suffrages in the affirmative, that which had fewest shall be cast out, and the other three shall be balloted again. If no one of the three had above half, that which had fewest shall be cast out, and the other two shall ballot again. If neither of the two had above half, that which had fewest shall be cast out, and the remaining opinion shall be balloted again. And if the remaining opinion has not above half, it shall also be cast out. But the first of the opinions that arrives at most above half in the affirmative, is the decree of the Senate. The opinions being all of them cast out by the non-sincere, may be reviewed, if occasion permits, by the council, and brought in again. If they be cast out by the negative, the case being of advice only; the house approves not, and there is an end of it: the case being necessary, and admitting delay, the council is to think again upon the business, and to bring in new opinions; but the case being necessary, and not admitting delay, the Senate immediately electing the juncta shall create the Dictator. 'And let the Dictator,' as the Roman saying is, 'take care that the commonwealth receives no harm.'"This in case the debate concludes not in a decree. But if a decree be passed, it is either in matter of state or government according to law enacted already, and then it is good without going any further. or it is in matter of law to be enacted, repealed, or amended; and then the decree of the Senate, especially if it be for a war, or for a levy of men or money, is invalid, without the result of the commonwealth, which is in the prerogative tribe, or representative of the people.
"The Senate having prepared a decree to be proposed to the people, shall appoint their proposers; and no other may propose for the Senate to the people but the magistrates of the house;that is to say, the three commissioners of the seal, or any two of them; the three of the Treasury, or any two of them; or the two censors.
