confidence, in fo high a degree as the others; and the inequalities in point of real ftrength between them, have been made up by the magic of dignity.

Thus, the King, who alone forms one part of the Legislature, has on his fide the majefty of the kingly title: the two Houses are, in appearance, no more than Councils entirely dependent on him; they are bound to follow his perfon; they only meet, as it seems, to advise him; and never addrefs him but in the most folemn and refpectful manner.

As the Nobles, who form the fecond order of the Legislature, bear, in point both of real weight and numbers, no proportion to the body of the People (a), they have received.

(a) It is for want of having duly confidered this fubject, that Mr. Rouffeau exclaims, fomewhere, against thofe who, when they speak of General Eftates of France, "dare to call the people, the third Estate." At Rome, where all the order we mention was inverted,-where the fafces were laid down at the feet of the People,and where the Tribunes, whofe function, like that of the King of England, was to oppofe the establishment of new laws, were only a fubordinate kind of Magiftracy, many diforders followed. In Sweden, and in Scotland (before the union), faults of another kind prevailed in the former kingdom, for inftance, an overgrown body of two thoufand Nobles frequently over-ruled both King and People.

as a compenfation, the advantage of perfonal honours, and of an hereditary title.

Befides, the established ceremonial gives to their Affembly a great pre-eminence over that of the Representatives of the People. They are the upper Houfe, and the others are the lower Houfe. They are in a more special manner confidered as the King's Council, and it is in the place where they affemble that his Throne is placed.

When the King comes to the Parliament, the Commons are fent for, and make their appearance at the bar of the Houfe of Lords. It is moreover before the Lords, as before their Judges, that the Commons bring their impeachments. When, after paffing a bill in their own Houfe, they fend it to the Lords to defire their concurrence, they always order a number of their own Members to accompany it (a); whereas the Lords fend down their bills to them, only by fome of the Affiftants of their Houfe (b). When the nature of the

(a) The Speaker of the Houfe of Lords must come down from his woolpack to receive the bills which the Members of the Commons bring to their House.

(b) The twelve Judges and the Mafters in Chancery. There is alfo a ceremonial established with regard to the manner, and marks of respect, with which those two of them, who are fent with a bill to the Commons, are to deliver it.

alterations which one of the two Houses defires to make in a bill fent to it by the other, renders a conference between them neceffary, the Deputies of the Commons to the Committee which is then formed of Members of both Houses, are to remain uncovered. Laftly, those bills which (in whichever of the two Houfes they have originated) have been agreed to by both, must be depofited in the House of Lords, there to remain till the Royal pleasure is fignified.

Befides, the Lords are Members of the Legislature by virtue of a right inherent in their perfons, and they are fuppofed to fit in Parliament on their own account, and for the fupport of their own interefts. In confequence of this they have the privilege of giving their votes by proxies (a); and, when any of them diffent from the refolutions of their Houfe, they may enter a protest against them, containing the reasons of their particular opinion. In a word, as this part of the Legislature is deftined frequently to balance the power of the People, what it could not receive in real ftrength, it has received in outward fplendor and great

(a) The Commons have not that privilege, because they are themselves proxies for the People.-See Coke's Inft. iv. p. 41.

nefs; fo that, when it cannot refift by its weight, it overawes by its apparent magnitude.

In fine, as these various prerogatives by which the component parts of the Legislature are thus made to balance each other, are all intimately connected with the fortune of State, and flourish and decay according to the viciffitudes of public prosperity or adversity, it thence follows, that, though differences of opinions may at fome times take place between thofe parts, there can scarcely arife any, when the general welfare is really in queftion. And when, to refolve the doubts that may arife in political fpeculations of this kind, we caft our eyes on the debates of the two Houfes for a long fucceffion of years, and fee the nature of the laws which have been propofed, of those which have paffed, and of thofe which have been rejected, as well as of the arguments that have been urged on both fides, we fhall remain convinced of the goodness of the principles on which the English Legislature is formed.

CHA P. IV.

A third Advantage peculiar to the English Government, The Bufinefs of propofing Laws, lodged in the Hands of the People.

A

Third circumstance which I propofe

to fhow to be peculiar to the English Government, is the manner in which the respective offices of the three component parts of the Legislature have been divided, and allotted to each of them.

If the Reader will be pleased to observe, he will find that in moft of the ancient free States, the fhare of the People in the bufinefs of Legiflation, was to approve, or reject, the propofitions which were made to them, and to give the final fanction to the laws. The function of those Perfons, or in general thofe Bodies, who were intrufted with the Executive power, was to prepare and frame the Laws, and then to propose them to the People; and in a word, they poffeffed that branch of the Legislative power which may be called the initiative, that is, the prerogative of putting that power in action (a).

(a) This power of previously confidering and approving fuch laws as were afterwards to be propounded to