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Harrington, James, 1611-1677

"The Commonwealth of Oceana"


"The power or function of the prerogative is of two parts:
the one of result, in which 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.


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