Enacting clauses in Themiclesia: Difference between revisions

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{{quote|晉相邦謹告 守,今 年   御史下皇帝書。相邦上守書皇帝所,請 。郡 令第 。門下 以聞, 請許。皇帝令曰可。尚書 承書,侍御史 璽。晉相邦謹告守,當用如書。
{{quote|晉相邦謹告 守,今 年   御史下皇帝書。相邦上守書皇帝所,請 。郡 令第 。門下 以聞, 請許。皇帝令曰可。尚書 承書,侍御史 璽。晉相邦謹告守,當用如書。
The Chancellor of Tsjinh respectfully informs the governor of [prefecture], this [regnal year] [sexagenary date and sequence] the Tribunes remit the Emperor's rescript.  The Chancellor has submitted the governor's request to the Emperor's presence, requesting that [by-law].  [Prefecture] [name] Act, the [article].  [Peer 1] informing, [peer 2] prays approbation.  The Emperor commands approbation.  [Secretary of state] recording, [Attendant Tribune] applies the royal seal.  The Chancellor of Tsjinh respectfully informs the governor that which is to be done are therein contained.}}
The Chancellor of Tsjinh respectfully informs the governor of [prefecture], this [regnal year] [sexagenary date and sequence] the Tribunes remit the Emperor's rescript.  The Chancellor has submitted the governor's request to the Emperor's presence, requesting that [by-law].  [Prefecture] [name] Act, the [article].  [Peer 1] informing, [peer 2] prays approbation.  The Emperor commands approbation.  [Secretary of state] recording, [Attendant Tribune] applies the royal seal.  The Chancellor of Tsjinh respectfully informs the governor that which is to be done are therein contained.}}
===Counties (Inner Region)===
{{quote|晉相邦謹告 令,今 年   御史下皇帝書。相邦上令書皇帝所,請 。郡 令第 。門下 以聞, 請許。皇帝令曰可。尚書 承書,侍御史 璽。晉相邦謹告令,當用如書。
The Chancellor of Tsjinh respectfully informs the magistrate of [county], this [regnal year] [sexagenary date and sequence] the Tribunes remit the Emperor's rescript.  The Chancellor has submitted the magistrate's request to the Emperor's presence, requesting that [by-law].  [County] [name] Act, the [article].  [Peer 1] informing, [peer 2] prays approbation.  The Emperor commands approbation.  [Secretary of state] recording, [Attendant Tribune] applies the royal seal.  The Chancellor of Tsjinh respectfully informs the magistrate that which is to be done are therein contained.}}
===Counties (Prefectures)===
{{quote|晉相邦謹告 守,今 年   御史下皇帝書。相邦上守書皇帝所,請 。郡 令第 。門下 以聞, 請許。皇帝令曰可。尚書 承書,侍御史 璽。晉相邦謹告守,其下 令,當用如書。
The Chancellor of Tsjinh respectfully informs the governor of [prefecture], this [regnal year] [sexagenary date and sequence] the Tribunes remit the Emperor's rescript.  The Chancellor has submitted the magistrate's request to the Emperor's presence, requesting that [by-law].  [County] [name] Act, the [article].  [Peer 1] informing, [peer 2] prays approbation.  The Emperor commands approbation.  [Secretary of state] recording, [Attendant Tribune] applies the royal seal.  The Chancellor of Tsjinh respectfully informs the governor to remit the same to the magistrate, that which is to be done are therein contained.}}


==See also==
==See also==

Revision as of 18:41, 26 May 2020

The enacting clauses in Themiclesia record the process and authority by which legislation is passed and issued.

National legislation

National legislation in Themiclesia is framed as decrees of the sovereign. Because Themiclesia's constitution is, under a strictly legalistic and formalistic analysis, pluralistic, including palatine/autonomous states and feudal entities apart from the directly-administered Demesne Land, a national law passed by Parliament is validated through the customary relationship between the emperor and the theoretical rulers of these entities. While these relationships had been more fluid and meaningful before the 19th century, the components of enacting clause remain unaltered as a fiction to avoid legal troubles.

Shinasthana

The set phrase that begins all recent national laws is:

晉相邦謹聞徹邦君,竝謹告甘、辛、房相邦于徹侯君邦相,今 年   御史下皇帝書

tsjinh smjangh-prong kjen mjen r′jêt prong kljur, bêng′ kjen′ kuh kem, sjin, pjang smjang-prong gwrja r′jêt go kljur prong smjangh, krjem [regnal year] ning [ sexagenary date and sequence] ngjah-srje′ gras gwang-têgh stja

The Chancellor of Tsjinh reverently submits to all the rulers and reverently informs the chancellors of Kem, Sjin, and Pjang and the chancellors of their peers and lords, that this [regnal year] [ sexagenary date and sequence] the Tribunes remit the Emperor's rescript.

Every substantive article is phrased as a bill by the House of Commons presented to the Emperor by a member of the House of Lords, while another member formally asks and proclaims royal assent. A secretary of state will also be present in the text to log royal assent, while an Attendant Tribune applies the royal seal:

中書令 上書皇帝所,請 。門下 以聞, 請許。皇帝令曰可。尚書 承書,侍御史 璽。 令第 。

trjung-stja-ringh [Speaker of the House] djangs stja gwang-têgh-skrja′, ts′jêng′ [content of bill]. men-gra′ [peer 1] le′-mjen, [peer 2] ts′jeng′-ng′ja. gwang-têgh ringh gwjat-kar. djang′-stja [secretary of state] gjêng stja, mlje′-ngjah-srje′ [tribune] snji′.  

The Speaker of the House of Commons submits paper to the royal presence, requesting [content of bill]. Under the gates, [peer 1] informs, and [peer 2] prays assent. The Emperor commands it approbated. Secretary of state [name] receives the document, Attendant Tribune [name] seals. [name] Act, Article [number].

After the articles have been enumerated, the Chancellor of Tsjinh requests that all recipients of the message to act as the law being promulgated requires. It is also mentioned that the law has been remitted to the Chancellor's own subordinates. The following phrase concludes the law:

當用下如書,茲下皇帝徹侯、邦君、丞相、御史、將軍、內二千石、郡守、尉、它二千石吏,縣令、尉、鄉長老,其當用如書。 令。

tang longh gras nja stja, tsji gras tsjinh r′jêt go, prong-kljur, gjêng-smjang, ngjah-srje′, tsjang-kwjer, nubh-njih-sn′ing-djak, kljur-n′ju′, ′judh, l′ai njih-sn′ing-djak rjegh, gwênh-ringh, ′judh, sk′jang-ntrjang-ru′, gje tang longh nja stja. [name] ringh.

That which is to be done and remitted are as therein contained. We hereby remit also to the Emperor's peers, lords of the states, vice chancellors, tribunes, generals, officials of the 2,000-bushel rank in the capital city, governors and marshals of prefectures, the other officials of the 2,000-bushel rank, magistrates and marshals of counties, and the elders of communes, that which is to be done, being therein contained. [name] Act.

The Expansion of Third Regiment of Marines Act, ′Kên XV, which is very short, is used to illustrate the formula.

晉相邦謹聞徹邦君,竝謹告甘、辛、房相邦于徹侯君邦相,今十五年三乙卯御史下皇帝書。中書令缶上書皇帝所,請以冗人校第三大毋過千四百五十二人,故令非是,廢弗用。門下侍中楚侯以聞,侍中柑君行邴侯事請許。皇帝令曰可。航尚書怐承書,侍御史霾璽。十五年大冗人校第三令第甲。當用下如書,茲下皇帝徹侯、邦君、丞相、御史、將軍、內二千石、郡守、尉、它二千石吏,縣令、尉、鄉長老,其當用如書。十五年大冗人校第三令。

The Chancellor of Tsjinh reverently submits to all rulers and also reverently informs the chancellors of Kem, Sjin, and Pjang and the chancellors of all the states, this Fifteenth Year on the third ′ret-m.ru′ day, the Tribunes remit the Emperor's rescript. The Speaker of the House of Commons, Pe, submits to the Emperor's presence, asking that the size of the Third Regiment of Marines should not exceed 1,452 individuals, and previous enactments to the contrary to be repealed and rescinded. Lord-in-Waiting the Lord of Sng′rja′ informing, Lord-in-Waiting Lord Kem in execution of the Lord of Prjang prays approbation. The Emperor commands approbation. Secretary of State for the Navy Kroh logs, and the Attendant Tribune applied the royal seal. Expansion of Third Regiment of Marines Act, ′Kên XV, Article the First. That which is to be done and remitted are as therein contained. We hereby remit also to the Emperor's peers, lords of the states, vice chancellors, tribunes, generals, officials of the 2,000-bushel rank in the capital city, governors and marshals of prefectures, the other officials of the 2,000-bushel rank, magistrates and marshals of counties, and the elders of communes, that which is to be done, being therein contained. Expansion of Third Regiment of Marines Act, ′Kên XV Act.

Anglian

The printing custom of the Chancery Circular (氐報, ti-pugh) was to represent legal devices in Themiclesia with their nearest analogue in Tyrannian custom. The following phrases are used in translations of national legislation after 1847.

In the first article, a brief description of the circumstances in which legislation is proposed and the enacting authorities under the constitutional changes of 1845. Most Themiclesian laws, because of the way in which they are phrased, contain some sort of prefatory information, and the printer extracts it to form the preamble in Anglian. This is necessarily a somewhat subjective process, and the printer disclaims responsibility for the accuracy of the preambles.

Whereas for divers pressing reasons and causes it being convenient at this time to make statute, be it therefore enacted by the sovereign the emperor, by and with the advice and consent of the lords and commons in parliament assembled, that ...

And in every subsequent article:

Be it further enacted by the authority of the same, that ...

Money and private bills

Private acts, which grant privileges to some particular individual, are distinguished in Shinasthana but not Tyrannian up to 1849.

晉相邦謹告 郡 縣 ,今 年   御史下皇帝書。中書令 上書皇帝所,請 。門下 以聞, 請許。皇帝令曰可。尚書 承書,侍御史 璽。晉相邦謹告主,其當用如書。

The Chancellor of Tsjinh respectfully informs [titulary] of [county], [prefecture], this [regnal year] [sexagenary date and sequence] the Tribunes remit the Emperor's rescript. The Speaker of the House of Commons [name] submits the paper to the Emperor's presence, requesting that [...] . [Peer 1] informing, [peer 2] prays approbation. The Emperor commands approbation. [Secretary of state] recording, [Attendant Tribune] applies the royal seal. The Chancellor of Tsjin respectfully informs the titulary, that which is to be done therein to be contained.

While money bills are not formally distinguished in Shinasthana, the following phrase is used to preamble it printed in Anglian.

For the defrayment of public expenses and in support of the common good of the realm, the House of Commons, in the name of all the commons of Themiclesia and the states, and by and with the assent the peers, graciously present to the sovereign the Emperor the following revenues and pray the same may be enacted by sovereign Emperor and lords and commons in Parliament assembled, that ...

Regional legislation

Prefectures

晉相邦謹告 守,今 年   御史下皇帝書。相邦上守書皇帝所,請 。郡 令第 。門下 以聞, 請許。皇帝令曰可。尚書 承書,侍御史 璽。晉相邦謹告守,當用如書。

The Chancellor of Tsjinh respectfully informs the governor of [prefecture], this [regnal year] [sexagenary date and sequence] the Tribunes remit the Emperor's rescript. The Chancellor has submitted the governor's request to the Emperor's presence, requesting that [by-law]. [Prefecture] [name] Act, the [article]. [Peer 1] informing, [peer 2] prays approbation. The Emperor commands approbation. [Secretary of state] recording, [Attendant Tribune] applies the royal seal. The Chancellor of Tsjinh respectfully informs the governor that which is to be done are therein contained.

Counties (Inner Region)

晉相邦謹告 令,今 年   御史下皇帝書。相邦上令書皇帝所,請 。郡 令第 。門下 以聞, 請許。皇帝令曰可。尚書 承書,侍御史 璽。晉相邦謹告令,當用如書。

The Chancellor of Tsjinh respectfully informs the magistrate of [county], this [regnal year] [sexagenary date and sequence] the Tribunes remit the Emperor's rescript. The Chancellor has submitted the magistrate's request to the Emperor's presence, requesting that [by-law]. [County] [name] Act, the [article]. [Peer 1] informing, [peer 2] prays approbation. The Emperor commands approbation. [Secretary of state] recording, [Attendant Tribune] applies the royal seal. The Chancellor of Tsjinh respectfully informs the magistrate that which is to be done are therein contained.

Counties (Prefectures)

晉相邦謹告 守,今 年   御史下皇帝書。相邦上守書皇帝所,請 。郡 令第 。門下 以聞, 請許。皇帝令曰可。尚書 承書,侍御史 璽。晉相邦謹告守,其下 令,當用如書。

The Chancellor of Tsjinh respectfully informs the governor of [prefecture], this [regnal year] [sexagenary date and sequence] the Tribunes remit the Emperor's rescript. The Chancellor has submitted the magistrate's request to the Emperor's presence, requesting that [by-law]. [County] [name] Act, the [article]. [Peer 1] informing, [peer 2] prays approbation. The Emperor commands approbation. [Secretary of state] recording, [Attendant Tribune] applies the royal seal. The Chancellor of Tsjinh respectfully informs the governor to remit the same to the magistrate, that which is to be done are therein contained.

See also