The Commonwealth of Oceana [75]
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. "The Senate having appointed their proposers, shall require of the tribunes a muster of the people at a set time and place: and the tribunes or any two of them having mustered the people accordingly, the proposers shall propose the sense or decree of the Senate by clauses to the people. And that which is proposed by the authority of the Senate, and resolved by the command of the people, is the law of Oceana." To this order, implicitly containing the sum