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The Commonwealth of Oceana by James Harrington
page 194 of 382 (50%)
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repealed, or amended; and then the decree of the Senate,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.

"The Senate having appointed their proposers, shall require
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