hich it is the legislative, power, the other of judicature,
in which regard it is the highest court, and the last appeal in this
commonwealth.
"For the former part (the people by this constitution being not obliged
by any law that is not of their own making or confirmation, by the
result of the prerogative, their equal representative) it shall not be
lawful for the Senate to require obedience from the people, nor for the
people to give obedience to the Senate in or by any law that has not
been promulgated, or printed and published for the space of six weeks,
and afterward proposed by the authority of the Senate to the prerogative
tribe, and resolved by the major vote of the same in the affirmative.
Nor shall the Senate have any power to levy war, men, or money,
otherwise than by the consent of the people so given, or by a law so
enacted, except in cases of exigence, in which it is agreed that the
power, both of the Senate and the people, shall be in the dictator
so qualified, and for such a term of time, as is according to that
constitution already prescribed. While a law is in promulgation, the
censors shall animadvert upon the Senate, and the tribunes upon the
people, that there be no laying of heads together, no conventicles or
canvassing to carry on or oppose anything; but that all may be done in a
free and open way.
"For the latter part of the power of the prerogative, or that whereby
they are the supreme judicatory of this nation, and of the provinces of
the same, the cognizances of crimes against the majesty of the people,
such as high treason, as also of peculation, that is, robbery of the
treasury, or defraudation of the commonwealth, appertains to this tribe.
And if any person or persons, provincials or citizens, shall appeal to
the people, it belongs to the prerogative to judge and determine the
case; provided that if the appeal be from any court of justice in this
nation or the provinces, the appellant shall first deposit L100 in the
court from which he appeals, to be forfeited to the same if he be cast
in his suit by the people. But the power of the Council of War being the
expedition of this commonwealth, and the martial law of the strategus
in the field, are those only from which there shall lie no appeal to the
people.
"The proceeding of the prerogative in case of a proposition is to be
thus ordered: The magistrates, proposing by authority of the Senate,
shall rehearse the whole matter, and expound
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