The Commonwealth of Oceana [94]
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 ?00 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 it to the people; which done, they shall put the whole together to the suffrage, with three boxes, the negative, the affirmative, and the non-sincere; and the suffrage being returned to the tribunes, and numbered in the presence of the proposers. If the major vote be in the non-sincere, the proposer shall desist, and the Senate shall resume the debate. If the major vote be in the negative, the proposers shall desist, and the Senate, too. But if the major vote be in the affirmative, then the tribe is clear and the proposers shall begin and put the whole matter, with the negative and the affirmative (leaving out the non-sincere) by clauses; and the suffrages being taken and numbered by the tribunes in the presence of the proposers, shall be written and reported by the tribunes of the Senate. And that which is proposed by the authority of the Senate, and confirmed by the command of the people, is the law of Oceana. "The proceeding of the prerogative in a case of judicature is to be thus ordered: The tribunes being auditors of all causes appertaining to the cognizance of the people, shall have notice of the suit or trial, whether of appeal or otherwise, that is to be commenced; and if any one of them shall accept of the same, it appertains to him to introduce it. A cause being introduced, and the people mustered or assembled for the decision of the same, the tribunes are presidents of the court, having power to keep it to orders, and shall be seated upon a scaffold erected in the middle of the tribe. Upon the right hand shall stand a seat or large pulpit assigned to the plaintiff or the accuser; and, upon the left, another for the defendant, each if they please with his counsel. And the tribunes (being attended upon such occasions with so many ballotins, secretaries, doorkeepers, and messengers of the Senate as shall be requisite) one of them shall turn up a glass of the nature of an hour-glass, but such a one as is to be of an hour and a half's running; which being turned up, the party or counsel on the right hand may begin to speak to the people. If there be papers to be read, or witnesses to be examined, the officer shall lay the glass sideways till the papers be read and the witnesses examined, and then turn it up again; and so long as the glass is running, the party on the right hand has liberty to speak, and no longer. The party on the right hand having had his time, the like shall be done in every respect for the party on the left. And the cause being thus heard, the tribunes shall put the question to the tribe with a white, a black, and a red box (or non-sincere), whether guilty or not guilty. And if the suffrage being taken, the major vote be in the non-sincere, the cause shall be reheard upon the next juridicial day following, and put to the question in