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! 1769.

The Ariftocratical Eftate of Great Britain.

in many inftances, declined and difcontinued, more particularly by the conftitutional King Henry V. till meeting with no oppofition from the other two eftates, it has fucceffively defcended, from Henry VII, on nine crowned heads, through a prefcription of near a century and a half.

Next to their king, the people have allowed to their peerage feveral privileges of the moft uncommon and il luftrious distinction; their Chriftian names, and the names that defcended to them from their ancestors, are abforbed by the name from whence they take their title of honour, and by this they make their fignature in all letters of deeds. Every temporal peer of the realm is deemed a kinfman to the crown. Their depofition on their honour is admitted in place of their oath, fave where they perfonally prefent themfelves as witnelles of facts, and faving their oaths of allegiance, fupremacy, and abjuration. Their perfons are at all times exempted from arrefts, except in criminal cales. A defamation of their character is highly punihable, however true the facts may be and deferving of cenfure. During a feffion of parliament, all actions and fuits at law again ft peers are fufpended. In prefentments or indictments by grand juries, and on impeachments by the Houfe of Commons, peers are to be tried by their peers alone; for in all criminal cafes they are privileged from the jurifdiction of inferior courts, excepting on appeals for murder or robbery. Peers are alfo exempted from ferving on inquefts. And, in all civil caufes, where a peer is plaintiff, there must be two or more knights impanelled on the jury.

The bishops, or fpiritual lords, have privilege of parliament, but have not the above privileges of perfonal nobility. In all criminal cafes, faving attainder and impeachment, they are to be tried by a petit-jury. Moreover bishops do not vote, in the Houfe of Lords, on the trial of any perfon for a capital crime.

All the temporal and fpiritual nobles that compofe the Houfe of Lords, however different in their titles and degrees of nobility, are called peers (pares) or equals: because their voices are admitted as of equal value, and that the vote of a bishop or baron

413 fhall be equivalent to that of an archbishop or duke.

The capital privilege (or rather prerogative) of the House of Peers confilts in their being the fupreme court of judicature, to whom the final decifion of all civil caufes are confided and re ferred, in the laff refort.

This conflitutional privilege is a weighty counterpoife to his majesty's fecond prerogative of appointing the ad miniftrators of justice throughout the wa tion; forafmuch as judges (who are immediately under the influence of the crown) are yet intimidated from infringing, by any fentence, on the laws or conftitution of thefe realms, while a judgment, fo highly superior to their own, impends.

The fecond great privilege of the Houfe of Peers confifts, in their having the fole judicature of all impeachments commenced and profecuted by the commons. And this again is a very weighty counterpoife to his majesty's third prerogative of the executive government of these nations by his ministers, fince no minifter can be fo great, as not justly to dread the coming under a judgment, from which the mightinefs of his royal mafter cannot protect him.

The third capital privilege of the Houfe of Peers fubfifts in their fhare, or particular department of rights, in the legislature. This extends to the framing of any bills, at their pleasure, for the purposes of good government; faving always to the commons their incommunicable right of granting taxes or fubfidies to be levied on their constituents. But on fuch bills, as on all others, the House of Lords have a negative; a happy counterpoise to the power both of king and commons, fhould demands on the one part, or bounties on the other, exceed what is requifite.

The change of the ancient modus, in conferring nobility, has not hitherto, as I fruft, been of any confi'derable detriment to the weal of the people. But fhould fome future majefty, or rather fome future ministry, intitle men to a voice in the fecond estate, on any confideration, fave that of eminent virtue and patriot-fervice; might it be poffible that fuch minifters fhould take a further firide, and confer nobility for actions deserving of in

famy;

414

The Democratical Eftate of Great-Britain.

famy; fhould they even covenant to grant fuch honours and dignities, in, lieu of fervices fubverfive of the conftitution; a majority of fuch a peerage, muft either appear too light to effect any public benefit, or heavy enough to effect the public perdition.

The DEMOCRATICAL, or THIRD ES

T

TATE.

HE election of commoners, to be immediate trustees and apt reprefentatives of the people in parliament, is the hereditary and indefeasible privilege of the people. It is the privilege which they accepted and which they retain, in exchange of their originally inherent and hereditary right of fitting with the king and peers, in perfon, for the guardianhip of their own liberties and the inftitution of their own laws.

Such reprefentatives, therefore, can never have it in their power to give, delegate, or extinguish the whole or any part of the people's infeparabie and unextinguishable fhare in the legiflative power, neither to impart the fame to any one of the other estates, or to any perfons or perfon whatever, either in or out of parliament. Where plenipotentiaries take upon them to abolish the authority of their principals; or where any fecondary agents attempt to defeat the power of their primaries; fuch agents and plenipotentiaries defeat their own commiffion, and all the powers of the truft neceffarily revert to the constituents.

The perfons of thefe temporary truftees of the people, during their feffion, and for fourteen days before and after every meeting, adjournment, prorogation, and diffolution of parliament, are equally exempted, with the perfons of peers, from arreft and duress of every fort.

They are alfo, during their feffion, to have ready accels to the king or Houfe of Lords, and to addrefs or conjer with them on all occafions.

No member of the Houfe of Commons, no more than of the Houfe of Peers, fhall fuffer, or be questioned, or compelled to witnefs or anfwer, in any court or place what foever, touching any thing laid or done by himself or others in parliament. In erder that perfect freedom of Speech

Aug, and action may leave nothing undone for the public weal.

They have alfo (during feffion) an equal power with the Houle of Lords, to punish any who fhall prefume to traduce their dignity, or detract from the rights or privileges of any member of their houfe.

The commons form a court of judicature, diftin&t from the judicature of the Houfe of Lords. Theirs is the peculiar privilege to try and adjudge the legality of the election of their own members. They may fine and confine their own members as well as others, for delinquency or offence against the honour of their houfe. But, in all other matters of judicature, they are merely a court of inquifition and prefentment, and not a tribunal of definitive judgment.

In this refpect, however, they are extremely formidable. They conftitute the grand inqueft of the nation; for which great and good purpofe they are fuppofed to be perfectly qualified by a perfonal knowledge of what hath been transacted, throughout the feveral hires, cities, and boroughs, from whence they aflemble, and which they reprefent.

Over and above their inquiry into all public grievances, wicked minifters, tranfgreffing magifirates, corrupt judges and jufticiaries, who fell, deny, or delay justice; evil counfellors of the crown, who attempt or devife the fubverfion or alteration of any part of the conftitution; with all fuch overgrown malefactors as are deemed above the reach of inferior courts, come under the particular cognizance of the commons, to be by them impeached, and prefented for trial at the bar of the Houfe of Lords. And thefe inquifitory and judicial powers of the two houses, from which no man under the crown can be exempted, are deemed a fufficient aliay and counterpoife to the whole executive power of the king by his minifters.

The legiflative department of the power of the commons is in all refpects co-equal with that of the peers. They frame any bills at pleature for the purpotes of good government. They exercife a light, as the lords alfo do, to propofe and bring in bills. for the amendment or repeal of eld

laws,

1769. The Democratical Eftate of Great-Britain.

laws, as well as for the ordaining or inftitution of new ones. And each house alike bath a negative on all bills that are framed and paffed by the other. But the capital, the incommunicable privilege of the House of Commons, arifes from that holy truft which their constituents repofe in them; whereby they are empowered to borrow from the people a mall portion of their property, in order to reftore it threefold, in the advantages of peace, equal government, and the encouragement of trade, induftry, and the manufactures.

To impart any of this truft would be a breach of the conftitution: and even to abuse it would be a felonious breach of common honesty.

By this fundamental trust and incommunicable privilege, the commons have the fole power over the money of the people; to grant or deny aids, according as they fhall judge them either requifite, or unneceflary to the public fervice. Theirs is the province, and theirs alone, to enquire and judge of the feveral occafions for which fuch aids may be required, and to measure and appropriate the fums to their refpective ules. Theirs alfo is the fole province of framing all bills or laws for the impofing of any taxes, and of appointing the means for levying the fame upon the people. Neither may the first or fecond eftate, either king or peerage, propound or do any thing relating to thefe matters, that may any way interfere with the proceedings of the commons, fave in their negative or affent to fuch bills, when prefented to them, without addition, deduction, or alteration of any kind.

After fuch aids and taxes have been levied and difpofed of, the commons have the further right of enquiring and examining into the application of the faid aids; of ordering all accounts Felative thereto to be laid before them; and of cenfuring the abufe or milap. plication thereof.

The royal affent to all other bills is expressed by the terms Le roy le veut, the king wills it. But, when the commons present their bills of aid to his majefty, it is answered, Le roy remercier fes loyal fujets et ainfi le veut, the king thanks his loyal fubjects and fo willeth. An exprefs acknowledgment that the right of granting or levying monies for public purpofes, lies folely,

415

inherently, and incommunicably, in the people and their reprefentatives.

This capital privilege of the commons constitutes the grand counterpoife to the king's principal prerogative of making peace or war; for how impotent muit a warlike enterprize prove without money, which makes the finews thereof! And thus the people and their reprefentatives ftill retain in their hands the grand momentum of the conftitution, and of all human affairs.

Diftinguished reprefentatives! Happy people! immutably happy, while worthily reprefented.

As the fathers of the feveral families throughout the kingdom, nearly and tenderly comprize and represent the perfons, cares, and concerns of their respective houfholds, fo thefe adopted fathers immediately reprefent, and intimately concentrate, the perfons and concerns of their respective conftituents, and in them the collective body or fum of the nation. And while thefe fathers continue true to their adopting children, a fingle ftone cannot laple from the great fabric of the conftitution."

The TULIP and the MYRTLE,
I.

WAS on the border of a stream

And, gilded by the morning beam,
A gayly-painted tulip ftood,
Survey'd her beauties in the flood.
II.

And fure, more lovely to behold,

Might nothing meet the wiftful eye,
Than crimfon fading into gold,
In freaks of faireft fymmetry.
III.

The beauteons flower, with pride elate,
Ah me! that pride with beauty dwells!
Vainly affects fuperior state,

And thus in empty fancy fwells.
IV.
"Olutre of unrivall'd bloom!
Fair painting of a hand divine!
Superior far to mortal coom,

The hues of heaven alone are mine!
V.

Away, ye worthlefs, formless race!

Ye weeds, that boaft the name of flowers!
No more my native bed difgrace,

Unmeet for tribes fo mean as yours!
Vi.

Shall the bright daughter of the fun

Affociate with the fhrubs of earth?

Ye flaves, your fovereign's prefence shun!
Refpect her beauties and her birth.

vu,

416

VII.

The Tulip and the Myrtle, &c.

And thou, dull, fallen ever-green! Shalt thou my fhining sphere invade? My noon-day beauties beam unseen, Obfcur'd beneath thy dufky fhade !"

VIII.

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The violet, that, thofe banks beneath,
Hides from thy fcorn its modeft head,
Shall fill the air with fragrant breath,
When thou art in thy dufty bed.
XI.

Ev'n I, who boaft no golden fhade,
Am of no fhining tints poffeft,
When low thy lucid form is laid,

Shall bloom on many a lovely breaft.
XII.

And he, whofe kind and foftering care
To thee, to me, our beings gave,
Shall near his breaft my flowrets wear,
And walk regardlefs o'er thy grave.
XIII.

Deluded flower! the friendly fcreen,
That hides thee from the noon-tide ray,
And mocks thy paffion to be feen,
Prolongs thy tranfitory day.
XIV.

But kindly deeds with fcorn repaid,
No more by virtue need be done :
I now withdraw my dufky fhade,

And yield thee to thy darling fun."
XV.

Fierce on the flower the fcorching beam

With all its weight of glory fell; The flower exulting caught the gleam, And lent its leaves a bolder fwell. XVI.

Expanded by the fearching fire,

The curling leaves the breaft difclos'd; The mantling bloom was painted higher, And every latent charm expos'd.

XVII.

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If reign thou muft, a Nere prove,
And flay thy tender parent there.

NATURAL

Aug.

DORET A.

HISTORY.

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hiftory, it is alfo intended to embellish this hiftory with occafional copper plates by the best artists. In this month's Magazine we begin with the bear which is found in Greenland and Spitzbergen. This animal is very fierce and voracious; lives on the islands of ice, and in winter in vaft caverns beneath the fnow; feeds on fish and seals, has dreadful combats with the morfe, grows to a great fize, fometimes to thirteen feet in length, and is an excellent fwimmer.

The Norway bear is hunted with fmall dogs, trained up to the sport. They never venture to grapple with him; but harrafs him with running about, barking, leaping, and endea vouring to feize him by the genitals. When he is thus tired, he retreats to a rock, or a tree; and, fetting his back against it, tears up the ftones and earth, which he throws about him in his own defence: then the huntfman fires at him with a brace of balls from a rifled gun; and if the fhot, enters his chest, his fhoulder, or his ear, he falls immediately but, if he is only flightly wounded, he flies with furprifing fury upon the marksman, who muft defend himself with the bayonet, which is commonly fixed in the muzzle of the piece. If this implement be wanting, he fnatches the knife or dagger, which the Norwegian farmer always wears hanging at his fide by a brafs chain, and holding it cross ways in his hand, endeavours to thrust it down the bear's throat. Should he mifs his aim, his life is loft. The bear will flea him, and pull his skin over his ears with amazing dexterity. Sometimes, however, he beats the conquered huntsman with his paws until he appears to be dead, and then retires. If the farmer triumphs, the head of his antagonist is fixed upen his house as a trophy. The hide will fetch five or fix rix-dollars. The flesh is eaten by the vulgar; and at every wedding a bear's ham appears as a dainty.

The Print of the Polar Bear is obliged to be deferred.

The

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