"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 ?100
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.
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