ENGLAND. 799 
every one of which has a voice in parliament, either per- The houfe of commons confids alone of the reprefenta- 
fonally, or by his reprefentatives. In a free (late, every fives of the people. Notwithftanding any place of dignity 
man who is fuppofed a free agent, ought to be, in fome or trull allotted to particular members by the king, Hill 
meafure, his own governor; and therefore a branch at they have no power to fit, unlefs deputed by the eledlors, 
lead of the legidative power Ihould relide in the whole their condiments: and with a view to keep this franchife 
body of the people. In fo large a date as that of Great for ever inviolate, the-wifdom of our ancedors laid it down 
Britain, it is very wifely contrived, that the people Ihould as a fundamental law, that every member of the houfe of 
do that by their reprefentatives which it is impracticable commons, accepting a place of trud or profit under the 
to perform in perfon ; reprefentatives chofen by a num- king or the government, whereby his judgment or conduit 
ber of minute and feparate didriCts, wherein all the votes might be liable to bias, Ihoukl to all intents and purpofes 
are, or eafily may be, didinguifhed. The counties are vacate his feat in parliament, nor be fuffered to lit again, 
therefore reprefented by knights, eleCted by the proprie- unlefs afterwards re-chofen by his condiments. To reftri'ft 
tors of lands ; the cities and boroughs are reprefented by the tumult of popular election, it was enacted by Henry VI. 
citizens and burgedes, chofen by the mercantile part, or that none diould vote for a knight of the dr ire, except 
fuppofed trading intered, of the nation. The number ■ freeholders worth forty fhi 1 lings a-year, which at the pre- 
of Englilh reprefentatives is 513 ; of Scots, 45 ; and of fent value of money may be computed at twenty or thirty 
Iridi, 100; in all 658. And every member, though cho- pounds. It is lingular that copyholders were excluded, 
fen by one particular didriCl, when elected and returned, The elections for the cities and boroughs, are regulated 
ferves for the whole realm. For the end of his coming by their charters and cudoms. The commons form the 
thither is not particular, but general; not merely to ferve grand inqueft of the realm, and may impeach or accufe 
his condiments, but alfo the commonwealth, and to ad- the greated peers; but their chief privilege, and upon 
vife his tnajedy, as appears from the writ of fummons. which their whole power depends, is the levying of mo- 
Thefe are the condiment parts of a parliament, of which ney, in which they are defervedly fo jealous, that they 
each is fo necellary, that the confent of all three is re- will not permit the fmalled alteration in a money-bill, 
quired to make any new law that Ihould bind the fubjeCt; This amounts to an almod abfolute veto on any public 
and thefe condiment parts form what has been long called meafure, and efpecially on war. A fpeaker, or preiidenf, 
the glorious constitution of Great Britain; the is chofen at the meeting of every new parliament; an of- 
fource and guardian of our liberties and properties, the fice which requires a competent knowledge of edablilhed 
drong cement which binds the foundation and fuper- forms and ancient ufages of the houfe. ACts of parlia- 
druCture of our government, and the wifely-concerted ment, which conditute the datute law of the kingdom, 
balance, maintaining an equipoife, that no one part of may originate in either houfe; but they commonly make 
the three edates can overpower or diftrefs either of the their ftrlt appearance in the houfe of commons, 
other two. To aflift the king in the more critical and important 
Originally both the nobles and the commons met in tranfaftions of the date, a privy council is appointed, 
one houfe; and as the greated national events often de- Under whatever form of monarchy, privy councils are 
pend on chance, it is not impoffible that the mere incon- found to be coeval with the date. It is impodible for one 
venience of not finding halls large enough for the whole man, however tranfeendent his abilities, to manage alone 
parliament, might have occafioned the diviliob into two the multifarious bufinefs of the government. The mem- 
lioufes, unknown in any other country, and which in fa 61 ; bers are chofon by the king; and on changes of admini- 
may be regarded as the fird foundation of Englilh liberty, dration are feldom erafed, though entirely at the pleafure 
The heufe of peers may be faid to have exided from the of the king. A privy council is feldom or never held vvitli- 
earlied period of our hidory. Concerning the commons, out the prefence of at lead one of the fecretaries of date ; 
authors are dilfentient, fome afierting that they formed a who, till the reign of Elizabeth, ufed to dand by the royal 
part of the IVcttcna-ge-Mot, or alterably of fages ; and it is chair, but have fince been allowed to fit at the board, 
not improbable that commoners of diftinguifhed ability The judicature of England is worthy of the higlied ap- 
might have been admitted to that great council, which pTaufe, with regard to precifion and purity. It is, indeed, 
confided principally of military chiefs. But it feems im- to be regretted, that the vaft number and confufion of the 
probable that delegates front towns diould have been datutes, render the dudy of the laws peculiarly difficult, 
then known, as the idea feems too complex for a rude and that the number of retainers on the courts of judice, 
people ; nor have we any traces of it in our ancient re- (wells the expences of a fuit to ati enormous fum. But 
cords. However this be, the prefent conditution of the hardly can a country be named on the face of the globe, 
parliament of England, may certainly be traced to near in which judice, civil or criminal, is adminillered with 
the middle of the thirteenth century ; but it remains un- more integrity: bribes, fo frequent in other countries, are 
known at what precife time happened the important fepa- t-ot illy unknown ; and the faving of this expence ought 
ration of the commons from the peers. to be candidly poifed again & other legal dilburlefnents. 
The peeis of .England only require the full age of twen- The trial by jury is the mod glorious feature of Englilh 
ty-one years, to become hereditary fenators in their feveral jurifprudenee, handed down from the Saxon times, and 
degrees of duke, marquis, earl, vifeount, and baron, for- is jvrftly regarded 1 as the fafeguard of the li ves, liberties, 
merly created by inv-editnre, or fym'oolic forms, but lat- and properties,, of the nation. Its excellence has been 
terly by patent. Every peer may appoint a proxy to vote refpetted by the D.milh and Norman conquerors; and, it 
for him in the fenate, a privilege unknown to the commons, is hoped, will be venerated to the kited poderity. 
In the houfe ot peers is placed the royal throne; but the Tire laws of England in general, form a noble code for 
monarch never attends, except at the meeting or proro- the prefervation of judice and equity. Englilh jurifpru- 
gation of parliament, when he proceeds to-the houfe in deuce regards the c ivil code as a relic of defpotifm; and 
great date ; the attendance of (he.commons is commanded, therefore rarely lideivs to the papal voice of the canon 
who dand below the bar, and the king pronounces his law. The mod lingular ufages are what was termed 
fpeech, ufua-Uy the compofition of the minifter. The ar- borough Englijh, by which the younged fon, or in defedt of 
rangement of the houfe pf peers is well conceived, and ilfue, the younged brother, was to enjoy the heritage; as 
produces a grand effeit. The wool-lacks upon which the it was to be prefumed that his elder brethren had learned 
chancellor, and the judges when called for their advice, their father’s bufinefs. That of gavel-kind, is fcarcely 
are feated, conditute a remarkable feature, fymbolac of known except in Kent, and has three branches: the heirs 
the daple commodity of England. The appearance i.s yet male fhareall the land alike; each heir may fell or alienate 
more magnificent, when the peers.fit as judges in Wed- at the age of fifteen ; and, though the father be attainted 
minder-ball ; the great nefs of the perfons, and the fo- of trealon, the inheritance pa lies to the progeny. See 
lemnity of the occaficns, exciting imprefiions of lingular thefe cudortjs and ufages under their refpedtive heads in 
national fublimity. this work. 
