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pose a fine upon any man, but it must be done judicially, and so it hath been resolved by all the judges in England (9). During the reigns of the Stuarts, many exceflive fines were laid on persons, for very small offences, viz. Mr. Hampden for a mildemeanour in Charles the second's time, was fined 40,000 1. and the Earl of Devonshire, for caneing Col. Culpepper was fined 30,000. But the bill of Rights, 1 William and Mary, put a stop to this arbitrary practice.
We Aatter ourselves, that in collecting together from this uferul tract, and representing in one view, the many excellent provisions which have been inade in favour of the liberty of the subject, respecting criminal matters, we shall not be thought to have rendered our Readers,' an unnecessary or unacceptable service. These are things in which our country-men and fellow-subjects, of every rank, are immediately interested; and the knowlege of them cannot be made too universal, as it tends to ņew how much superior and more valuable our privileges are, than those of every other nation under heaven; and to beget a satisfaction and confidence in the minds of men towards the government under which they live. Of all others this is the firmest and most natural foundation for the love of our country: and that is every man's country, which affords him the fullest and furcst protection.
Our Author in the latter part of this tract, proceeds to shew, that in respect of property, we are in a more advantageous situation than most other nations of Europe, and this he does with great ability, and many marks of deep learning in the antiquities and laws of this kingdom. The principal topics of argument which he makes itse of, are, the frue and independent man ner in achich property is held in this country; and the provifion made by the laws for the regular administration of jufiice, in fecuring and determining property. And it must be a pleasure to every man, who is interested in this subject, to trace the remarkable progress which the policy of the kingdom hath made, in this respcet, from the early part of our bistory to the present times.
Our Readers perhaps will not be displeased, with seeing what are his Lordship’s sentiments of the judicial authority of the House of Pecrs, especially as he himself was a member of it. The subject came naturally under his consideration, and with it we mall conclude this article.
• If I may take the liberty to give my opinion upon a matter of so great importance, I inust profess, that upon the best enquiry I have been able to make, it appears to me, that the jurisdiction of the House of Peers, in some cases, is of as great antiquity as any part of our constitution : and likewise of so great advantage, in some respects, to the whole constitution, (9) Rulworth, vol. . p. 540.
that it ought to be maintained inviolate. Whether this judicial authority was antiently vested in the House of Lords alone, exclusive of the Commons, hath been thought a point not quite so certain: our most eminent antiquarians have been of diffesent judgments about it (r). Some of them have thought that this judicature being parliamentary, the commons are entitled to a share in it; and the rather, because their having formerly been included in the baronage, and having fat with the Lords in one house (s), it could hardly be otherwise, but that they must have had a share in determining the causes then moved in parliament.
• And indeed, as it is evident that the Commons did join in acts of attainder, passed in a legislative way, so there is also reason to think that they did sometimes concur with the Lords in declaring the law; and even in making awards in particular cases, even of a civil nature. William de Septivant's case is an instance of it, and others quoted by Mr. Petyt. But this seems rather to have been practised by the consent of the Lords, in those particular cafes, in order to add greater weight to their own decisions, than because the Commons had a strict right to concur in all such cases.
There was antiently a distinction between the greater and lesser Barons ; and the right of judicature, in the Magna Caria, seems to have been vested only in the former, with the King at their head: that the Leffer Barons had not that right, appears from Archbishop Becket's case, in the reign of Henry II. And it seems very probable also from hence, that the Leffer Barons, were not reckoned Peers like the greater Barons. In 4 Edward III. the Lords are characterised as judges of Parliament; which indeed the Commons did not dispute, in Henry the fourth's time, when that King and the Lords declared, that judgment solely belonged to them; and this course hath ever since been observed. There are numerous instances, in which the Lords have judged in parliament, not only in the causes of their Peers, but those where the King has been party, but in others also brought before them; and even in original causes (t).
. And whoever judges truly of the interest of the constitution will be clearly of opinion, that a Peerage is absolutely necessary, for several good purposes, especially as a bank or screen to the Crown. If we had no peerage now upon the old conftitution, yet we should be neceffitated to make an artificial peerage, or senate, instead of it (u). Cromwell him- . self found ič necessary to do so: and it is more so every day, in proportion as the House of Commons goes on gaining ground.
Every one therefore, who is no republican, ought to de-
(s) Lex. Parliam. p. 54.
fire to support the dignity of the Lords house as much as pos. sible; and to that purpose it is necessary at present, that all the prerogatives of that house, and especially the right of judicature, should be preserved intire ; for if this should be loft, they would find it impossible to preserve their dignity. If it should be supposed, that there are some young, unattentive, and unskilful persons, at all times among them ; it is certainly true on the other hand, that there are and always have been, others of great knowlege and probity, who take care that there shall be no just grounds of complaint in their administration of justice. In fact, I do not find there have been many causes complained of ; and probably this same care will always be taken, not only from their innate honour and probity and regard to justice, but also because they know that the House of Com mons
ave their eyes open upon them; and that the Commons will be likely to be supported by the people, in case the Lords do any thing amiss. So that upon the whole, the laft refort could not easily be better placed, nor the judicial authority in general be much better administered.'
We believe the general public sense will confirm the honourable testimony this learned Writer bears to the ability and integrity with which judicial proceedings are conducted in the House of Lords; but the strongest testimony of all others is the amazing encrease of business of this kind; and the very numerous appeals which are made at the bar of this assembly cvery session of parliament: this shows the confidence which the public places in this court of judicature ; and we doubt not there are many great families, both in this, and other kingdoms, that have experienced, to their great and lasting fatiffaction, the wisdom and fidelity of its determinations. And we need not scruple to foretell, that if the body of the British Peers will go on to administer justice, in the manner that it hath been done, for some years past, they will on this account, if on no other, retain their dignity and importance in the legislature. The friends of public liberty, though not partial to the aristocratic part of our government, as such, have observed with pleasure, their rising importance in this instance, and have looked upon it as an earnest of the frequent and early 'meetings of parliaments, which is the great security of every thing dear to us as Britons. Nor did his Lordship need to have expressed any fears, as though the House of Commons was gaining ground beyond its due proportion : as long as the fons, selations, and dependents of noble families are members of the House of Commons; and so many boroughs and counties are almost at the disposal of the peerage in all their elections: as the number of Peers is every day enlarging; and a steady plan of policy pursued for confining and accumulating wealth in that body; and as long as B—ps have a seat in the House of Lords, the apprehensions of the public will certainly run the
[To be continued.] S,
N. B, To find any particular Book, or Pamphlet, see the
Table of Contents, prefixed to the Volume.
BOLINGBROKE, Lord, his charac
ter, 5. BBREVIATION of numbers, BOULANGER, Mr. Anecdotes of
specimens of, 191. AGRICULTURE, neglect of, a causé BREWING, directions for, 353. of depopulation, 48.
Brown, Dr. his code of education ALEXANDER the Great, quibbling exploded, 194. derivation of his name, 229.
BURNET, an excellent plant, meALLUM, in bread, pernicious to thod of cultivating, 252. children in particular, 50.
Bute, E. of, account of his rise to
hensive conciliatory scheme of re. his character, 482.
periments the of her name, 228.
bility of Auids, 455: ANTIMONY. See MARGGRAFF. CAUTIONS to physicians in visitARCHIMEDEs, humorous etymo. ing patients afflicted with infeclogy of his name, 229.
tious disorders, 324. ARMADILLA, some account of that CESAR, his imaginary debate with animal, 446.
the mutual dislike between them AUTHORS, original, greatly injured and the Romans, 94. Herefies by translators, 2770
and schisms among, in the first
century, 99, 104.
CHURCH, of England, defended B.
against the Arians and Socinians,
411. ERKELEY, Bp. of Cloyne, his CICADA, of N. America, account amiable character, 312.
of that extraordinary inse&, 447. BettesWORTH,
Serjeant, his CICisbeo, Italian, origin of that quarrel with Swift, 314. Bleeding, especially recommend. Clergy, monstrous increase of ed in ardent fevers, 57.
their power, 340.
CONVERSATION, remark on, 207. EDUCATION, general remarks on,
192. Improvements in suggest-
ed, 193. Dr. Brown's cude of,
the time of sowing, to (and after) persons of a melancholy com-
of, 419. Different stages of, count of its antiquity, 227.
EULER, Mr. his notion of the
observations on center of gravity, 543. Of the
motions of a globe on an hori-
zontal plane, 544.
D'Any of Rousseau, 50g.
'ALEMBERT, Mr. tbe Ene-
of Rousseau, 509.
VARMS, and Farm houses, re.
health and conveniency, 259.
Fear, its efficacy in the cure of
servations on, 359, 354.
Yellow, its symptoms, 302.
M. Lieutaud's account of,
on, 302. Fumigations, whether
Lind's method of cure, 304,
acquired, or conferred, 16. ibid. Cautions to the phyfi-
the English, 521.
age permitted to breed, 540 ;
Fruit, how to preserve, after ga.
thered from the trees, 348.
recommended, 393, 324.