experience from the prime marts of negotiation in Europe. And so much for the elections in the Senate that are ordinary; such as are extraordinary follow in --The eighteenth order, "Appointing all elections upon emergent occasions, except that of the dictator, to be made by the scrutiny, or that kind of election whereby a council comes to be a fifth order of electors. For example, if there be occasion of an ambassador-extraordinary, the provosts of the Council of State, or any two of them, shall propose to the same, till one competitor be chosen by that council; and the council having chosen a competitor, shall bring his name into the Senate, which in the usual way shall choose four more competitors to the same magistracy; and put them, with the competitor of the council, to the ballot of the house, by which he of the five that is chosen is said to be elected by the scrutiny of the Council of State. Avice-admiral, a polemarch, or field officer, shall be elected after the same manner, by the scrutiny of the Council of War. Ajudge or sergeant-at-law, by the scrutiny of the commissioners of the seal. A baron, or considerable officer of the Exchequer, by the scrutiny of the commissioners of the Treasury: Men in magistracy, or out of it, are equally capable of election by the scrutiny; but a magistrate or officer elected by the scrutiny to a military employment, if he be neither a knight of the Senate nor a deputy of the prerogative, ought to have his office confirmed by the prerogative, because the militia in a commonwealth, where the people are sovereign, is not lawful to be touched injussu populi.
The Romans were so curious that, though their consuls were elected in the centuriate assemblies, they might not touch the militia, except they were confirmed in the parochial assemblies;for a magistrate not receiving his power from the people, takes it from them, and to take away their power is to take away their liberty. As to the election by the scrutiny, it is easily perceived to be Venetian, there being no such way to take in the knowledge; which in all reason must be best in every council of such men as are most fit for their turns, and yet to keep them from the bias of particular affection or interest under that pretence; for the cause why the great Council in Venice scarce ever elects any other than the name that is brought in by the scrutiny, is very probable to be, that they may... This election is the last of those appertaining to the Senate. The councils being chosen by the orders already shown, it remains that we come to those whereby they are instructed and the orders of instruction to the councils are two: the first for the matter whereupon they are to proceed, and the second for the manner of their proceeding. The matter of the councils is distributed to them by --The nineteenth order "Distributing to every council such businesses as are properly to belong to their cognizance, whereof some they shall receive and determine, and others they shall receive, prepare, and introduce into the house: as, first, "The Council of State is to receive all addresses, intelligences, and letters of negotiation; to give audience to ambassadors sent to, and to draw up instructions for such as shall be sent by, this commonwealth; to receive propositions from, and hold intelligence with, the provincial councils; to consider upon all laws to be enacted, amended, or repealed, and upon all levies of men or money, war or peace, leagues or associations to be made by this commonwealth, so far forth as is conducible to the orderly preparation of the same to be introduced by them into the Senate; provided, that all such affairs, as otherwise appertaining to the Council of State, are, for the good of the commonwealth, to be carried with greater secrecy, be managed by the Council of War, with power to receive and send forth agents, spies, emissaries, intelligencers, frigots, and to manage affairs of that nature, if it be necessary without communication to the Senate, till such time as it may be had without detriment to the business. But they shall have no power to engage the commonwealth in a war without the consent of the Senate and the people. It appertains also to this council to take charge of the fleet as admiral, and of all storehouses, armories, arsenals, and magazines appertaining to this commonwealth. They shall keep a diligent record of the military expeditions from time to time reported by him that was strategus or general, or one of the polemarchs in that action; or at least so far as the experience of such commanders may tend to the improvement of the military discipline, which they shall digest and introduce into the Senate; and if the Senate shall thereupon frame any article, they shall see that it be observed, in the musters or education of the youth. And whereas the Council of War is the sentinel or scout of this commonwealth, if any person or persons shall go about to introduce debate into any popular assembly of the same, or otherwise to alter the present government, or strike at the root of it, they shall apprehend, or cause to be apprehended, seized, imprisoned, and examine, arraign, acquit, or condemn, and cause to be executed any such person or persons, by their proper power and authority and without appeal.
