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Great lawyers of highest intellect and learning believed the sovereign power to reside in the separate states, others found that sovereignty in the city magistracies, while during a feverish period of war and tumult the supreme function had without any written constitution, any organic law, practically devolved upon the States-General, who had now begun to claim it as a right.

Nevertheless, Venice internally, and for her capacity, is by far the most equal, though it has not, in my judgment, arrived at the full perfection of equality; both because her laws supplying the defect of an agrarian are not so clear nor effectual at the foundation, nor her superstructures, by the virtue of her ballot or rotation, exactly librated; in regard that through the paucity of her citizens her greater magistracies are continually wheeled through a few hands, as is confessed by Janotti, where he says, that if a gentleman comes once to be Savio di terra ferma, it seldom happens that he fails from thenceforward to be adorned with some one of the greater magistracies, as Savi di mare, Savi di terra ferma, Savi Grandi, counsellors, those of the decemvirate or dictatorian council, the aurogatori, or censors, which require no vacation or interval.

Though the judices accepted the excuse as valid, Marius himself contradicted Herennius, and maintained that for the moment when he was declared to be elected to a magistracy, he became divested of the relation of client; which was not exactly true, for it is not every magistracy which releases a man who has obtained it, and his family, from the necessity of having a patron, but only those magistracies to which the law assigns the curule seat.

He went from city to city, advising with the magistracies and with the inhabitants, and arranging many matters pertaining both to peace and war. At Harlem the States of the Provinces, according to his request, had been assembled. The assembly begged him to lay before them, if it were possible, any schemes and means which he might have devised for further resistance to the Duke of Alva.

He then provided them with a couple of coaches and pair in which they set forth on their journey, going by way of Antwerp, Ghent, Courtray, Ryssel, to Arras, making easy stages, stopping in the middle of the day to bait, and sleeping at each of the cities thus mentioned, where they duly received the congratulatory visit and hospitalities of their respective magistracies.

"When we consider," said Jeannin, "the constitution of your State, and that to corrupt a few people among you does no good at all, because the frequent change of magistracies takes away the means of gaining over many of them at the same time, capable by a long duration of their power to conduct an intrigue against the commonwealth, this fear must appear wholly vain."

One of the most important was discovered in the sixteenth century, embracing a list of the great magistracies from 509 B.C. till the death of Augustus, and executed in the reign of Tiberius. Another source of history was the family register kept by each of the great houses, and treasured with peculiar care.

Great regard had certainly to be shown to the community; the right of bestowing the public magistracies could not be withdrawn from it; but, as has likewise been already observed, care was taken that this election of magistrates should not be constructed into the conferring of definite functions, especially of the posts of supreme command when war was imminent.

They represented that it had been customary to consult; after the city magistracies, only the captains of companies and the deans of guilds on matters of government. The Prince, yielding the point, the captains of companies and deans of guilds accordingly alone united with the aristocratic boards in ratifying the instrument by which his authority over the two united provinces was established.

It must be borne in mind that these native territories cost the Colony for administration some £9000 per annum for administration of magistracies; the receipts are some £3000, leaving a deficit of some £6000 per annum. To this deficit has to be added some £150,000 for regular troops.