“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is in matter of law to be enacted, repealed, or amended; and then the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.
Public-domain text, read in full here on John Shaqi.
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