rd 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 slips； to range the fields and beat the bushes for them； for they are of a nature that is never good at this sport； but when you spring or start their proper quarry。 Think not that they will stand to ask you what it is； or less know it than your hawks and greyhounds do theirs； but presently make such a flight or course； that a huntsman may as well undertake to run with his dogs； or a falconer to fly with his hawk； as an aristocracy at this game to compare with the people。 The people of Rome were possessed of no less a prey than the empire of the world； when the nobility turned tails； and perched among daws upon the tower of monarchy。 For though they did not all of them intend the thing； they would none of them endure the remedy； which was the agrarian。 〃But the prerogative tribe has not only the result； but is the supreme judicature； and the ultimate appeal in this commonwealth。 For the popular government that makes account to be of any standing； must make sure in the first place of the appeal to the people。 As an estate in trust becomes a man's own if he be not answerable for it； so the power of a magistracy not accountable to the people； from whom it was received； becoming of private use； the commonwealth loses her liberty Wherefore the right of supreme judicature in the people （Without which there can be no such thing as popular government） is confirmed by the constant practice of all commonwealths； as that of Israel in the cases of Achan； and of the tribe of Benjamin； adjudged by the congregation。 〃The dicasterian； or court called the heliaia in Athens； which （the comitia of that commonwealth consisting of the whole people； and so being too numerous to be a judicatory） was constituted sometimes of 500； at others of 1；000； or； according to the greatness of the cause； of 1；500； elected by the lot out of the whole body of the people； had； with the nine Archons that were presidents； the cognizance of such causes as were of highest importance in that State。 The five ephors in Lacedaemon； which were popular magistrates； might question their kings； as appears by the cases of Pausanias； and of Agis； who being upon his trial in this court； was cried to by his mother to appeal to the people； as Plutarch has it in his life。 The tribunes of the people of Rome （like； in the nature of their magistracy； and for some time in number； to the ephors； as being； according to Halicarnassus and Plutarch； instituted in imitation of them） had power to summon any man； his magistracy at least being expired （for from the Dictator there lay no appeal） to answer for himself to the people。 As in the case of Coriolanus； who was going about to force the people； by withholding corn from them in a famine； to relinquish the magistracy of the tribunes； in that of Spurius Cassius for affecting tyranny； of Marcus Sergius for running away at Veii； of Caius Lucretius for spoiling his province； of Junius Silanus for making war without a command from the people against the Cimbri； with divers others。 And the crimes of this nature were called loesoe majestatis； or high treason。 Examples of such as were arraigned or tried for peculation； or defraudation of the commonwealth； were Marcus Curius for intercepting the money of the Samnites； Salinator for the unequal division of spoils to his soldiers； Marcus Posthumius for cheating the commonwealth by a feigned shipwreck。 Causes of these two kinds were of a more public nature； but the like power upon appeals was also exercised by the people in private matters； even during the time of the kings； as in the case of Horatius。 Nor is it otherwise with Venice； where the Doge Loredano was sentenced by the great Council； and Antonio Grimani； afterward doge； questioned； for that he； being admiral； had suffered the Turk to take Lepanto in view of his fleet。 〃Nevertheless； there lay no appeal from the Roman dictator to the people； which； if there had； might have cost the commonwealth dear； when Spurius Melius； affecting empire； circumvented and debauched the tribunes： whereupon Titus Quintus Cincinnatus was created Dictator； who having chosen Servilius Ahala to be his lieutenant； or magister equitum； sent him to apprehend Melius； whom； while he disputed the commands of the Dictator and implored the aid of the people； Ahala cut off upon the place。 By which example you may see in what cases the dictator may prevent the blow which is ready sometimes to fall ere the people be aware of the danger。 Wherefore there lies no appeal from the Dieci； or the Council of Ten； in Venice； to the Great Council； nor from our Council of War to the people。 For the way of proceeding of this tribe； or the ballot； it is； as was once said for all； Venetian。 〃This discourse of judicatories whereupon we are fallen； brings us rather naturally than of design from the two general orders of every commonwealth； that is to say； from the debating part； or the Senate； and the resolving part； or the people； to the third； which is the executive part or the magistracy； whereupon I shall have no need to dwell； for the executive magistrates of this commonw