HISTORY OF EUROPE. 



109 



iystera of balancing the one against 

 tlie other. Omne simile claudicat. 

 The metaphor of a constitutional 

 balance of power does not come up 

 to abstract precision. Were the 

 threebranches of the British legis- 

 lature, on any question, to be ex- 

 actly balanced against each other, 

 and, like belligerent powers, each 

 to be more concerned for the main- 

 tenance of its own privileges than, 

 foreventhepublicwelfareandsafe- 

 ty, the wheel of government must 

 stand still. The understanding 

 between the kingly, the judicial, 

 and the legislative authorities is 

 not, properly speaking, a balance, 

 but a harmonious concert. Mon- 

 tesquieu observes justly, that the 

 spirit, or moving principle of re- 

 publics is virtue. The same thing, 

 in a great degree, may be affirmed 

 of our mixed constitution. Solid 

 sense, moderation, and a regard to 

 the general interests of the coun- 

 try, must be the arbiters in the 

 case of any difference between the 

 different powers that compose the 

 state. It was the avowed object of 

 sir F. Burdett, in the fracas he 

 excited, to exal I the judicial power 

 at the expense of the Commons. 

 It was fortunate for the people of 

 this country, and to very few more 

 fortunate than to himself, that the 

 dangers of anarchy and revolution 

 were prevented by the firmness 

 and wisdom of the House of Com- 

 mons, and of the judges. The 

 privileges of the House of Com- 

 mons are equally necessary for se- 

 curing the nation against the at- 

 tacks, open or disguised, of the 

 Crown, and of popular fermenta- 

 tion — But, it was alleged that 

 the House of Commons may insti- 

 tute a prosecution against libellers 

 through the Attorney-general. 

 What if a minislry disposed to 



humble that House, and bring it 

 into contempt, should refuse td 

 prosecute ? Does the indepen- 

 dence of the House of Commons 

 depend on the favour of ministry, 

 or the forms and fallible judg- 

 ments of the inferior courts ? Or, 

 supposing both these suppositions 

 impossible, must the House of 

 Commons submit to insults dur- 

 ing the whole of the long vacation, 

 from June to November ? This 

 state of humiliation, for so long 

 an interval, could not fail to ruin 

 the purest and best disposed par- 

 liament. — It is scarcely possible 

 to imagine that sir Francis Burdett 

 could expect any other issue of 

 the contest than what took place. 

 Sir Francis, it may be presum- 

 ed, was abundantly consoled, and, 

 probably, more than consoled, 

 under his imprisonment in the 

 Tower, by the addresses he re- 

 ceived, from different parts of the 

 kingdom, and the petitions that 

 were sent to the House of Com- 

 mons for his liberation. The 

 first place that petitioned, as 

 might be expected, was West- 

 minster. 



On the 17th of April, lord 

 Cochrane presented a petition from 

 a meeting at Westminster, held 

 that day in Palace-yard. It was 

 entitled a Petition and Remon- 

 strance. It might have been more 

 properly stiled a philippic. The 

 House was not petitioned, but 

 called upon, to restore to the inha- 

 bitants of Westminster their be- 

 loved representative, and to take 

 into their consideration a reform 

 in parliament. Itcontrasted, among 

 other contemptuous expressions, 

 the refusal of the House to inquire 

 into the conduct of lord Castle- 

 reagh, and Mr. Perceval, when 

 distinctly charged with the sale 



