ed after the same manner, by
the scrutiny of the Council of War. A judge 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repealed, and u