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tribunes in the presence of the proposers； shall be written and reported by the tribunes of the Senate。 And that which is proposed by the authority of the Senate； and confirmed by the command of the people； is the law of Oceana。 〃The proceeding of the prerogative in a case of judicature is to be thus ordered： The tribunes being auditors of all causes appertaining to the cognizance of the people； shall have notice of the suit or trial； whether of appeal or otherwise； that is to be commenced； and if any one of them shall accept of the same； it appertains to him to introduce it。 A cause being introduced； and the people mustered or assembled for the decision of the same； the tribunes are presidents of the court； having power to keep it to orders； and shall be seated upon a scaffold erected in the middle of the tribe。 Upon the right hand shall stand a seat or large pulpit assigned to the plaintiff or the accuser； and； upon the left； another for the defendant； each if they please with his counsel。 And the tribunes （being attended upon such occasions with so many ballotins； secretaries； doorkeepers； and messengers of the Senate as shall be requisite） one of them shall turn up a glass of the nature of an hour…glass； but such a one as is to be of an hour and a half's running； which being turned up； the party or counsel on the right hand may begin to speak to the people。 If there be papers to be read； or witnesses to be examined； the officer shall lay the glass sideways till the papers be read and the witnesses examined； and then turn it up again； and so long as the glass is running； the party on the right hand has liberty to speak； and no longer。 The party on the right hand having had his time； the like shall be done in every respect for the party on the left。 And the cause being thus heard； the tribunes shall put the question to the tribe with a white； a black； and a red box （or non…sincere）； whether guilty or not guilty。 And if the suffrage being taken； the major vote be in the non…sincere； the cause shall be reheard upon the next juridicial day following； and put to the question in the same manner。 If the major vote comes the second time in the non…sincere； the cause shall be heard again upon the third day； but at the third hearing the question shall be put without the non…sincere。 Upon the first of the three days in which the major vote comes in the white box； the party accused is absolved； and upon the first of them in which it comes in the black box； the party accused is condemned。 The party accused being condemned； the tribunes （if the case be criminal） shall put with the white and the black box these questions； or such of them as； regard had to the case； they shall conceive most proper：
1。 Whether he shall have a writ of ease； 2。 Whether he shall be fined so much or so much； 3。 Whether he shall be confiscated； 4。 Whether he shall be rendered incapable of magistracy； 5。 Whether he shall be banished； 6。 Whether he shall be put to death。
〃These； or any three of these questions； whether simple or such as shall be thought fitly mixed； being put by the tribunes； that which has most above half the votes in the black box is the sentence of the people； which the troop of the third class is to see executed accordingly。 〃But whereas by the constitution of this commonwealth it may appear that neither the propositions of the Senate nor the judicature of the people will be so frequent as to hold the prerogative in continual employment； the Senate； a main part of whose office it is to teach and instruct the people； shall duly （if they have no greater affairs to divert them） cause an oration to be made to the prerogative by some knight or magistrate of the Senate； to be chosen out of the ablest men； and from time to time appointed by the orator of the house； in the great hall of the Pantheon； while the Parliament resides in the town； or in some grove or sweet place in the field； while the Parliament for the heat of the year shall reside in the country； upon every Tuesday； morning or afternoon。 〃And the orator appointed for the time to this office shall first repeat the orders of the commonwealth with all possible brevity； and then； making choice of one or some part of it； discourse thereof to the people。 An oration or discourse of this nature； being afterward perused by the Council of State； may as they see cause be printed and published。〃
The Archon's comment upon the order I find to have been of this sense：
〃MY LORDS： 〃To crave pardon for a word or two in further explanation of what was read； I shall briefly show how the constitution of this tribe or assembly answers to their function； and how their function； which is of two parts； the former in the result or legislative power； the latter in the supreme judicature of the commonwealth； answers to their constitution。 Machiavel has a discourse； where he puts the question； 'Whether the guard of liberty may with more security be committed to the nobility or to the people？' Which doubt of his arises through the want of explaining his terms； for the guard of liberty can signify nothing else but the result of the commonwealth； so that to say that the guard of liberty may be committed to the nobility； is to say that the result may be committed to the Senate； in which case the people signify nothing。 〃Now to show it was a mistake to affirm it to have been thus in Lacedaemon； sufficient has been spoken； and whereas he will have it to be so in Venice also： 'They；' says Contarini； 'in whom resides the supreme power of the whole commonwealth； and of the laws； and upon whose orders depends the authority as well of the Senate as of all the other magistrates； is the Great Council。' It is institutively in the Great Council； by the judgment of all that know that commonwealth； though； for the reasons shown； it be sometimes exercised by the Senate。 Nor need I run over the commonwealths in this place for the proof of a thing so doubtless； and such as has been already made so apparent； as that the result of each was in the popular part of it。 The popular part of yours； or the prerogative tribe； consists of seven deputies （whereof three are of the horse） annually elected out of every tribe of Oceana； which being fifty； amounts to 150 horse and 200 foot。 And the prerogative consisting of three of these lists； consists of 450 horse and 600 foot； besides those of the provinces to be hereafter mentioned； by which means the overbalance in the suffrage remaining to the foot by 150 votes； you have to the support of a true and natural aristocracy the deepest root of a democracy that has been ever planted。 〃Wherefore there is nothing in art or nature better qualified for the result than this assembly。 it is noted out of Cicero by Machiavel； 'That the people； though they are not so prone to find out truth of themselves as to follow custom or run into error yet if they be shown truth； they not only acknowledge and embrace it very suddenly； but are the most constant and faithful guardians and conservators of it。' it is your duty and office； whereto you are also qualified by the orders of this commonwealth； to have the people as you have your hawks and greyhounds； in leashes and sl