t

.

'due the liberties and fpirits of this nation, could 'not be esteemed lefs than an army of 60,000 men, 'fince the Romans were forced to keep twelve legions to that purpose, the Normans to inftitute 62,000 knights fees, and Cromwell left an army 'near 80,000 men. That I never knew but one foreigner that understood England, which was 'Gourville, whom I knew the king esteemed the 'foundest head of any Frenchman he had ever seen. 'That when I was at Bruffels in the firft Dutch war, and he heard the parliament grew weary of it, he faid, the king had nothing to do but to 'make the peace. That he had been long enough ⚫ in England, feen enough of our court, and people, and parliments.' To conclude.

:

Q'un Roy d'Angle

terre, qui veut

étre

• That a king of England, who will be the

l'homme de fon peuple, man of his people, is the eft le plus grand Roy du monde, mais s'il veut 'être quelque chofe d'advantage, par Dieu il n'est plus rien,'

greatest king in the world; but if he will be any thing more, by "G-d be is nothing at 'all.

On Privilege of Parliament..

THE privilege of parliament was wifely ordained for the fecurity of the fubject, who, having repofed his liberty and property in his reprefentative in parliament, expects that protection from him which may be neceffary against the defigns or the attempts of any of the wicked inftruments of power. Therefore, for the good of the whole, the perfons of members of parliament were exempted from attachment, unless it could be proved that they had been guilty of felony, treafon, or breach of the peace.

In this exemption is facredly depofited the certain fafety of the liberties of the people; for while a member of parliament avoids thofe offences, he cannot be cognizable for his conduct; and therefore, however he may give umbrage to a ministry, or be obnoxious to a court, he is yet fafe in his person, and may therefore continue to be the advocate of our liberties and interests. To the benefit of this privilege we owe all the oppofition which has been made, time immemorial, to tyrannic minifters and arbitrary proceedings; for members being thus uncontroulable, act with that free will and fpirit which is abfolutely neceffary for the prefervation of that great trust reposed in them. If they were under a restraint with refpect to fuch freedom, the liberties and the intereft of the people would foon be facrificed, because they would not be able to defend them. The fecretaries of state would every day be committing them to one gaol or other, and perhaps in the space of half a feffion we should be robbed of half our reprefentatives.

It is therefore evident, that on the privilege to which our members of parliament are entitled, our fecurity depends. But there is an end of this privilege, and with it the liberties of the people, if the king's meffengers, fent by the fecretaries of ftate, are allowed to enter the house of a member of parliament at midnighr, carry away his perfon by force, break open his locks, and feize his papers for evidence against him. I fay, if fuch STAR CHAMBER PRACTICES are allowed, our boasted liberty, for which our ancestors fought and bled, is at an end. Our members will all be fcrupulous in oppofing the minifters, fearing left their oppofition fhould be termed an opposition to the king, and upon that charge their houfes become ran

facked,

facked, and their perfons toffed about from hand to hand, and at length fequeftered in a gaol.

The cafe of a member of parliament, wherein his privilege is violated, appears to me, and fo it muft to every man, as not the cafe of that member only, but of the whole people of England, who are as effentially concerned in the prefervation of that privilege, as they would be materially affected by the lofs of their liberties. The privileges of the members, and the liberties of the people, are infeparable: the former was made for the effectual prefervation of the latter against arbitrary and ill defigning men, and therefore with the lofs of thofe privileges we must inevitably lofe our liberties, which I believe will never be but with our lives. HAMPDEN, Bucks.

Againft privilege of Parliament.

I AM a tradesman of very extensive business, whereby I have made an eafy fortune. In the early part of my life, the increase of my trade was almoft the only object of my attention; but fince my fortune has been more eafy, I have thought it my duty to give fome attention to the affairs of the public. I had been informed that an attack had been made upon the liberties of my country, in the person of Mr. Wilkes; and though from fome private circumstances known to me in the course of my businefs, (which is that of a diftiller) I could have wished the liberties of my country had found a better champion. I foon refolved to forget the man, and thinking only of the caufe, became fo zealous, that I went for three mornings to Westminfter-Hall upon his account. I was prefent at his discharge on Friday; and on my return to the city, I went directly to a very worthy man who manages my law bufinefs, and to whofe good fenfe I have

becn

been more than once obliged, in the course of my life. I told him with great joy of the glorious determination that had been given in favour of liberty, and invited him to go home with me, and drink the health of Mr. Wilkes, earl Temple, and lord chief juftice Pratt. But what, fays he, is the determination? I explained to him, that the warrant of commitment had been declared legal: but notwithftanding as a libel was not an actual breach of the peace, Mr. Wilkes being a member of Parliament, must be discharged. And is this, fays he, the determination you are so overjoyed with? What protection is this to your liberty or mine? Is then privilege of Parliament become fo popular a topic? Surprized at the reception my news found from him, Why, faid I, don't you think this decifion is according to law? 'Tis that I regret moft, said he, and I dare fay the court was very forry to pronounce it; but if it is law, they could not help it. Pray, faid I, explain what you mean, for I don't understand all this, You'll understand it foon enough, and féel it to your coft, faid he; you remember the bill you directed me to file laft year against Mr., for the 2000l. mortgage? Aye, I may well remember it, after fo many delays before we could come at his anfwer, and fo many fair promifes of payment, to defend himself by accufing me of taking exorbitant intereft; but I hope you'll lofe no time in carrying on the indictment against him for that perjury. I beg your pardon, faid he, I shall proceed no farther, thank God I have not taken him up, the first lofs is the cheapest; take back your papers, pay me my bill of cofts, and make yourself eafy with the lofs of your 2000l. for as long as he has privilege you can never try him. Good God, cried I, and have I been rejoicing for this? Can't a man be tried without he be committed? No furely, faid he, for how otherwife fhall he be forced to plead ?

But

But your cafe will foon be other people's. Look there in the beginning of that Hawkins, (pointing to a folio upon his table) how many crimes there are which are neither treafon, felony, nor actual breach of the peace; all these a peer, or member of parliament, is, by what you tell me, privileged to commit. After looking at this Hawkins, I could not help owning, that though I was not much concerned that Mr. Wilkes fhould have a right to say what he pleased of the king and the miniftry; I was a good deal uneafy to think that Mr. knew he

had a privilege to fwear against my life or property, to cheat me of my goods, to feduce my daughter, nay, fet up a bawdy houfe at next door, and keep her there publickly. 'Tis very true, faid my friend, there is no great reafon to rejoice at this, but fo the law is. And does this alfo extend to all great people's fervants? To all; Bless me, faid I, I hope the houfe of commons will alter it; they are very good if they do, faid he, the nation will have reafon to pray for them; but they won't meet thefe fix months. I hope, faid I, the king will call them together fooner: what for our fake? have we been fo thankful to him for giving up fome of his own privileges, for reducing his civil lift, and making his judges independent?

While he was faying this, I took up a Court Calendar, and being ufed to figures, made the following calculation.

English Peers

187

Arch-Bishops and Bishops

Scotch Peers

Members of Parliament

Servants upon a medium of eight to each,

which is rather too low

7100

Total of privileged perfons

7985