CHA P. CXV.

OF THE POWER OF PARLIAMENT.

THE power of parliament is so tranfcendent

and abfolute, that it cannot be confined, either for causes or perfons, within any bounds. It hath fovereign and uncontroulable authority in making, confirming, enlarging, restraining, abrogating, repealing, reviving, and expounding laws, concerning matters of all poffible denominations, ecclefiaftical or temporal, civil, military, maritime, or criminal. That abfolute defpotic power, which must in all governments refide fomewhere, is here entrusted, by the British conftitution. All mifchiefs and grievances, operations and remedies, that transcend the ordinary courfe of the laws, are within the reach of this extraordinary tribunal.

It can regulate or new model the fucceffion to the crown; as was done in the reign of Henry VIII and William III. It can alter the established religion of the land; as was done in a variety of instances, in the reign of king Henry VIII. and his three children, Edward VI. Mary, and Elizabeth. It can change and create afresh even the constitu

tion

tion of the kingdom, and of parliaments themselves; as was done by the act of union, and the feveral ftatutes for triennial and feptennial elections. It can, in fhort, do every thing that is not naturally impoffible; and therefore fome have not fcrupled to call its power by a figure rather bold, the omnipotence of parliament.

But then their power, however great, is given them in truft, and therefore ought to be employed according to the rules of justice, and for the promotion of the general welfare of the people

And it is a matter most effential to the liberties of the kingdom, that fuch members be delegated to this important truft, as are most eminent for their probity, their fortitude, and their knowledge; for it was a known apophthegm of the great lord treasurer Burleigh, that England could never be ruined but by a parliament." And, as Sir Matthew Hale obferves, this being the highest and greatest court, over which none other can have jurisdiction in the kingdom, if by any means a misgovernment fhould any way fall upon it, the fubjects of this kingdom. are left without all manner of legal remedy."

In order to prevent the mischiefs that might arise, by placing this extenfive authority in hands that are either incapable, or elfe improper to manage it, it is provided, that no one fhall fit or vote in either houfe

house of parliament, unless he be twenty-one years of age. To prevent innovations in religion and government, it is enacted, that no member shall vote or fit in either house, till he hath, in the prefence of the houfe, taken the oaths of allegiance, fupremacy, and abjuration. To prevent dangers that may arise to the kingdom from foreign attachments, connections or dependencies, it is enacted, that no alien, born out of the dominions of the crown of Great Britain, even though he be naturalized, fhall be capable of being a member of either house of parliament.

CHA P. CXVI.

ON THE PRIVILEGES OF THE MEMBERS.

OME of the most important privileges of the

SOME

members of either house are, privilege of speech, of person, of their domestics, and of their lands and goods. As to the firft, privilege of fpeech, it is declared by a statute of William and Mary, as one of the liberties of the people, " that the freedom of fpeech, and debates, and proceedings in parlia

ment

ment, ought not to be impeached or questioned in any court or place out of parliament.”

This freedom of speech is particularly demanded of the king in perfon, by the speaker of the house of commons, at the opening of every new parliament.

To affault by violence a member of either house, or his menial fervants, is a high contempt of par liament, and punished with great severity.

Till lately, all members were exempted from legal arrefts, and feizures by process from the courts of law. No entry could be made on their lands; their goods could not be diftrained or feized; nor could they be taken into custody, without a breach of the privileges of parliament.

This exemption, however, from arrefts for lawful debts, was always confidered by the public as a grievance. The lords and commons, therefore, generously relinquished ther privilege by act of parliament, in 1770; and members of both houses may now be fued like other debtors.

The house of lords have a right to be attended by the judges of the courts of King's Bench and Common Pleas, and fuch of the barons of the Exchequer as are of the degree of the coif, or have been made ferjeants at law, as likewife by the masters. of the court of Chancery; for their advice in point

of

of law, and for the greater dignity of their proceedings.

The speaker of the house of lords is generally the lord chancellor, or lord keeper of the great feal, which dignities are commonly vested in the fame perfon.

CHA P. CXVII.

PECULIAR RIGHTS OF THE HOUSE OF COMMONS.

HE house of commons may be properly styled the grand inqueft of Great Britain, impowered to enquire into all national grievances, in order to fee them redressed.

The peculiar laws and cuftoms of the houfe of commons relate principally to the raifing of taxes, and the elections of members to ferve in parlia

ment.

With regard to taxes, it is the ancient indif putable privilege and right of the house of commons, that all grants of fubfidies, or parliamentary aids, begin in their house, and are first bestowed by them; though their grants are not effectual to all intents