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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 different 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 other wise, 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, palled 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. Williain 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 cases, 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 Coria, seems to have been vested only in the former, with the King at their head: that the Lesser 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 folely 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 caufes (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, especialiy as a bank or screen to the Crown. If we had no peerage now upon the old constitution, yet we should be necessitated to make an artificial peerage, or senate, instead of it (u). Cromwell himself found it 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.
(r) See Cott. Pofth. p. 359. (s) Lex. Parliam. p. 54.
oldeen to the revers, of opinruly of
de no jufte
nteI do obably this
fire to support the dignity of the Lords house as much as pol. 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 impoffible 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 hall be no just grounds of complaint in their administration of juftice. 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 Commons have 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 last resort could 1:ot easily be bet:er placed, nor the judicial authority in general be much better administered.'
We believe the general public sense will confirm the bonourable 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 every 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 king. doms, that have experienced, to their great and lasting facilfaction, 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, relations, 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 Hause of Lords, the apprehensions of the public will certainly sun the other way.
[To be continued.]
N, B, To find any particular Book, or Pamphlet, see the
Table of Contents, prefixed to the Volume. .
BOLINGBROKE, Lord, his charac
ter, 5. A BBREVIATION of numbers, BOULANGER, Mr. Anecdotes of A specimens of, 191.
him, 535 AGRICULTURE, neglect of, a cause 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 AMMONIUS SACCAS, his compre court-favour, 74. Encomium on
hensive conciliatory scheme ofre. his character, 482. ligious philosophy, 331. His
doctrines productive of much de· pravity and mysticism in the
Christian religion, 334. Axa, books in, account of, 327. MANTON, Mr. his curious ex. ANDROMACHE, comical derivation periments on the compreffi. of her name, 228.
- bility of Auids, 455. ANTIMONY. See MARGGRAFF. CAUTIONS to physicians in visite ARCHIMEDES, humorous etymo. ing patients amicted with infeclogy of his name, 229.
tious disorders, 324. ARMADILLA, fome account of that CESAR, his imaginary debate with animal, 446.
Scipio, 366. Ascetics, that morofe fect,whence CHRISTIANS, primitive, causes of derived, 335
the mutual dislike between them AUTHORS, original, greatly injured and the Romans, 94. Herefies by translators, 277,
and schisms among, in the firit
century, 99, 104. CHURCH, of England, defended
against the Arians and Socinians,
411. DErkeley, Bp. of Cloyne, his CICADA, of N. America, account
D amiable character, 312. of that extraordinary insect, 447. BetteSWORTH, Serjeant, his Cicisbeo, Italian, origin of that quarrel with Swift, 314.
office, 521. BLEEDING, especially recommend. CLERGY, monstrous increase of ed in ardent fevers, 57.
their power, 340.
CONVERSATION, remark on, 207. EDUCATION, general remarks on, Talents fit for, 316.
192. Improvements in suggeste COPAL. Sce LEHMANN.
.ed, 193. Dr. Brown's cude of, CORELLI, his music, wherein ex- exploded, 194. Liberty of, aso cellent, 363.
serted, 204. Corn, means to preserve, from Egypt, naturally abounds with
the time of sowing, to (and after) persons of a melancholy comhousing, 250.
plexion, 336.. CROUP, a disease so called, account ENGLISH tongue, humorous ac
of, 419. Different stages of, count of its antiquity, 227. 423.
EULER, Mr. his notion of the Cyder and perry, observations on center of gravity, 543. Of the the making of, 352.
motions of a globe on an horizontal plane, 544
'ALEMBERT, Mr. tbe Ene
my of Rousseau, 509. Daphne, a female character poe. DARMS, and Farm houses, se. · tically described by Swift, 317. T marks on the fituation of, for Dawson, Dr. B. his controversy health and conveniency, 259. with Mr. Steff, 417.
Fear, its efficacy in the cure of Deluge, universal, the belief of, convulsions, 185.
its consequences among man. FERMENTATION of liquors, ob. kind, 537.
servations on, 359, 354. DEPOPULATION, capses of, 47. FEVER, ardent, usual fymptoms, DesCartes, his philosophy found and proper treatment of, 56. ed in Nature, 497.
Yellow, its symptoms, 302. Dialogue between Scipio and
M. Lieutaud's account of, Cæsar, in the shades, 367.
- between Plato and fevers, infectious, observations · Diogenes, 369.
on, 302. Fumigations, whether between Marcus Au- a remedy against, 303. Dr. relius and Servius Tullius, 370. Lind's method of cure, 304, DIGNITY, or Nobility, &c. how Morbid appearances after death,
acquired, or conferred, 16. ibid. Cautions to the phyfi. Diseases, by what means gene cians, 324.
rally aggravated, 50. General Fish, a very wonderful one dee rules for the mitigation of, si, scribed, 453. Nervous and' hypochondriac, FISTULA IN Ano, how to be · 116. .
treated, 425. DROWNING, directions for reco. FLORENTINE'S, their respect for very from, 59.
the English, 521. DU MOULIN, Mr. account of, FORMOSA, women there, at what 397.
age permitted to breed, 540 ; DYSENTERY, usual symptoms and the nole, proper treatment of, 58. FREE enquiry, ought to be encou
raged, 199. . .E.
Fruit, how to preserve, after ga
thered from the trees, 348. CLECTIC philosophers, ac- FUMIGATIONS, in places infected, I count of, 33.1.
recommended, 393, 324.
Janssen and Spencer, their suit in
IDOLATRY, whether punished by
Jews, their State, civil and reli-
tical opinions, 100. Divisions birth, 92. Voltaire's notion of
them controverted, 131. Jose.
veral sorts, 255, Various Cul ties defended, 136.
IMAGINATION, in pregnant wo-
of, contraverted, 34.
relative to, 258.
of that disorder, 122.
INFLAMMATION of the breast,
INOCULATION, for the small-pox,
defence of, by
Count Hedern, 542. Satan said
JOHNSON, Dr. his edition of Shake-
JOHNSON, Mrs. (Swift's Stella]
to the East India company, e70. JOSÈ PHUS, not an unbeliever in
E t iquities defended, 135.
tish, method of proving whether
ITALIANS, modern, characterized,
514. Their averfion to labour,
Origin of their Cicisbeos, 521.
systems of, compared, 254. of, 561.
V Aetsner, Profeffor, censured,
KENRICK, Mr. reproved for his
edition of Shakespeare, 457,467.