rather too bold, the omnipotence of parliament. True it is, that what the parliament doth, no authority upon earth can undo. So that it is a matter most effential to the liberties of this kingdom, that such members be delegated to this important truft, as are most eminent for their probity, their fortitude, and their knowlege; for it was a known apothegm of the great lord treasurer Burleigh, "that England "could never be ruined but by a parliament:" and, as Sir Matthew Hale obferves, this.being the higheft and greatest court, over which none other can have jurifdiction in the kingdom, if by any means a mifgovernment should any way fall upon it, the fubjects of this kingdom are left without all manner of remedy.

In order to prevent the mischiefs that might arife, by placing this extenfive authority in hands that are either incapable, or elfe improper, to manage it, it is provided that no one fhall fit or vote in either houfe of parliament, unless he be twenty-one years of age. To prevent innovations in religion and government, it is enacted, that no member shall vote or fit in either house, till he hath in the prefence of the house taken the oaths of allegiance, fupremacy, and abjuration; and fubfcribed and repeated the declaration against tranfubftantiation, the invocation of faints, and the facrifice of the mafs. To prevent dangers that may arife to the kingdom from foreign attachments, connexions, or dependencies, it is enacted, that no alien, born out of the dominions of the crown of Great Britain, even though he be naturalized, fhall be capable of being a member of either house of parliament.

Some of the more notorious privileges of the members of either house are, privilege of fpeech, of perfon, of their domeftics, and of their lands and goods. As to the first, privilege of speech, it is declared by the ftatute of W. & M. ft. 2. c. 2. as one of the liberties of the people, "that the freedom of

"speech,

"fpeech, and debates, and proceedings in parlia "ment, ought not to be impeached or queftioned in "any court or place out of parliament." And this freedom of speech is particularly demanded of the king in perfon, by the fpeaker of the house of commons, at the opening of every new parliament. So likewise are the other privileges, of perfon, fervants,' lands and goods. This includes not only privilege from illegal violence, but also from legal arrefts, and feifures by procefs from the courts of law. To affault by violence a member of either house, or his menial fervants, is a high contempt of parliament, and there punished with the utmoft feverity. Neither can any member of either house be arrested and taken into cuftody, nor ferved with any procefs of the courts of law; nor can his menial fervants be arrested; nor can any entry be made on his lands; nor can his goods be diftrained or feized; without a breach of the privilege of parliament.

These privileges however, which derogate from the common law, being only indulged to prevent the members being diverted from the public bufiness, endure no longer than the feffion of parliament, fave only as to the freedom of his person: which in a peer is for ever facred and inviolable; and in a commoner for forty days after every prorogation, and forty days before the next appointed meeting; which is now in effect as long as the parliament fubfifts, it feldom being prorogued for more than fourfcore days at a time. As to all other privileges which obftruct the ordinary courfe of juftice, they ceafe immediately after the diffolution or prorogation of the parliament, or adjournment of the houses for above a fortnight: and during these receffes a peer, or member of the house of commons, may be fued like an ordinary fubject, and in confequence of fuch fuits may be dif poffeffed of his lands and goods. Likewife, for the benefit of commerce, it is provided, that any trader, having privilege of parliament, may be ferved with

legal

legal process for any juft debt, to the amount of 1001. and unlefs he makes fatisfaction within two months, it fhall be deemed an act of bankruptcy; and that commiffions of bankrupt may be iffued against fuch privileged traders, in like manner as against any other.

The houfe of lords have a right to be attended, and confequently are, by the judges of the court of king's bench and common-pleas, and fuch of the barons of the exchequer as are of the degree of the coif, or have been made ferjeants at law; as likewife by the mafters of the court of chancery; for their advice in point of law, and for the greater dignity of their proceedings.

The speaker of the houfe of lords is generally the lord chancellor, or lord-keeper of the great feal, which dignities are commonly vefted in the fame perfon.

Each peer has a right, by leave of the house; when a vote paffes contrary to his fentiments, to enter his diffent on the journals of the houfe, with the reafons for fuch diffent; which is ufually tiled his proteft.

The house of commons may be properly ftiled the grand inqueft of Great Britain, impowered to enquire into all national grievances, in order to fee them redreffed.

The peculiar laws and customs of the houfe of commons relate principally to the railing of taxes, and the elections of members to ferve in parliament.

With regard to taxes: it is the antient indifputable privilege and right of the houfe of commons, that all grants of fubfidies or parliamentary aids do begin in their houfe, and are first bellowed by them; altho' their grants are not effectual to all intents and purpoles, until they have the affent of the other two branches of the legidature. The general reafon, given for this exclufive privilege of the house of commons, is, that the fupplies are raifed upon the body of the people, and therefore it is proper that they VOL. VII.

C

alone

alone fhould have the right of taxing themselves. And fo reafonably jealous are the commons of this privilege, that herein they will not fuffer the other houfe to exert any power but that of rejecting; they will not permit the leaft alteration or amendment to be made by the lords to the mode of taxing the people by a money bill. Under this appellation are included all bills, by which money is directed to be railed upon the fubject, for any purpose or in any fhape whatfoever; either for the exigencies of government, and collected from the kingdom in general, as the land tax; or for private benefit, and collected in any particular diftrict, as by turnpikes, parish rates, and the like.

The method of making laws is much the fame in both houfes. In each houfe the act of the majority binds the whole: and this majority is declared by votes openly and publicly given: not as at Venice, and many other fenatorial affemblies, privately or by ballot. This latter method may be ferviceable, to prevent intrigues and unconftitutional combinations: but is impoffible to be practifed with us; at leaft in the houfe of commons, where every member's conduct is fubject to the future cenfure of his constituents, and therefore fhould be openly fubmitted to their infection.

To bring a bill into the houfe of commons, if the reHef fought by it is of a private nature, it is firft neceffary to prefer a petition; which must be prefented by a member, and ufually fets forth the grievance defired to be remedied. This petition (when founded on facts that may be in their nature difputed) is referred to a committee of members, who examine the matter alleged, and accordingly report it to the houfe; and then (or, otherwife, upon the meer petition) leave is given to bring in the bill. In public matters the bill is brought in upon motion made to the houfe, without any petition. (In the house of lords, if the billbegins there, it is, when of a private nature, referred

to

to two of the judges, to examine and report the ftate of the facts alleged, to fee that all necenary parties confent, and to tettle all points of technical propriety.) This is read a firft time, and at a convenient diftance a fecond time; and after each reading the fpeaker opens to the boule the fubftance of the bill, and puts the queftion, whether it fhall proceed any farther. The introduction of the bill may be originally opposed, as the bill itfelf may at either of the readings; and, if the oppofition fucceeds, the bill must be dropt for that feffions; as it must alfo, if oppofed with fuccefs in any of the fubfequent ftages.

After the fecond reading it is committed, that is, referred to a committee; which is either felected by the house in matters of fmall importance, or elfe, upon a bill of confequence, the houfe refolves itself into a committee of the whole houfe. A committee of the whole houfe is compofed of every member; and, to form it, the speaker quits the chair, (another member being appointed chairman) and may fit and debate as a private member. In thefe committees the bill is debated claufe by claufe, amendments made, the blanks filled up, and fometimes the bill entirely new modelled. After it has gone through the committee, the chairman reports it to the houfe with fuch amendments as the committee have made; and then the house reconfider the whole bill again, and the question is repeatedly put upon every claufe and amendment. When the houfe have agreed or difagreed to the amendments of the committee, and fometimes added new amendments of their own, the bill is then ordered to be engroffed, or written in a ftrong grofs hand, on one or more long rolls of parchments fewed together. When this is finished, it is read a third time, and amendments are fometimes then made to it; and, if a new clause be added, it is done by tacking a feparate piece of parchment on the bill, which is called a ryder. The fpeaker then again opens the contents; and, holding it up