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