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mysterious essence, that sacred fire so difficult to be kindled, and which, if it were once extinguished, would perhaps never be lighted again. When the world shall have been again laid waste by conquerors, she will still continue to show mankind, not only the principle that ought to unite them, but, what is of no less importance, the form under which they ought to be united. And the philosopher, when he considers the constant fate of civil societies amongst men, and observes the numerous and powerful causes which seem, as it were, unavoidably to conduct them all to a state of political slavery, will take comfort in seeing that Liberty has at length disclosed her nature and genuine principles, and secured to herself an asylum, against despotism on one hand, and popular licentiousness on the other*.

*This work cannot be dismissed without praise by any editor who has a due sense of merit. The author, like an ingenious painter, sees the whole of his subject at one view; exhibits the prominent features in a strong light, without neglecting the inferior parts of the piece; observes the keeping and the perspective, and gives an interesting finish to the strokes of art. His colouring is, perhaps, too high: I do not mean that his style is brilliant ; but his display is, in some respects, too flattering. Occasionally he seems to refine too much, in attributing to art and design what may

in a great measure have arisen from chance. But this is the natural effect of that zeal for his subject, and of that respect for our ancestors, which he imbibed in the progress of his work.

INDEX.

A.

AMERICAN Colonies, their claim of voting supplies to
the crown, hurtful, if obtained, to the English consti-
tution, 518, 521. What ought to have been the ge-
neral conduct of ministers in regard to the colonies,

522.

Appeal, in case of murder, its effects, and to whom allowed,
89.
Army, restrictions on the power of the king in regard to
the keeping of it, 89, 90. Is not, in England, the means
of supporting the authority of the crown, 439. How
little its assistance was useful to James II., 464. See
Military Power and Crown.

Arrest, method of, in civil causes, by the English laws, 112,
By the Roman laws, 115, 116. The alterations

113.

in the English law in that respect, 117.

Assemblies, popular, the disadvantages they lie under in
regard to each coming to any deliberate well-weighed
resolution, 249, 250. The advantages a few distin-
guished citizens have over them, 255. Tully's passage
concerning them, 266. See People,
See People, Commonwealths.
Rome.

Athens, arbitrary proceedings of its magistrates, 274.
Aula Regis, what kind of Court, 16. The Court of Com-
mon Pleas dismembered from it, 110. The Court of
King's Bench may be considered as the remains of it,

111.

Author, occasional personal remarks of his, 373, 421, 438,
447. His Memorials of Human Superstition quoted, 508.
His conversation with Dr. Franklin, 520.

B.

Barons, originally in a great measure independent in

France, 13.

Not so in England, 15. Unite in a com-

mon cause with the people, 23, 336, 450.

Beauchamp, lord (now marquis of Hertford), procures the
passing of a bill for limiting personal arrests, 118.

Bills, how deliberated upon and framed, 68, 226, 234, 267.
See Commons and Parliament.

Bill of Rights, an account of, 59. Utility of its provisions,

341.

Blackstone, judge, quoted, 70, 144, 182, 359, 376.

Burnet, bishop, quoted, 363, 464.

C.

Casar, public speech of his quoted, 378.

Censorial power, that established in Rome only a senatorial
artifice, 292. See Press.

Censors, in Rome, might remove a man from one tribe into
another, and elect senators, 277.

Chancery, court of, its office in regard to the framing of
writs, 128. See Equity, courts of.

Charles I., sketch of his reign, 48-52.

Maintains his

ground eleven years against the violent political and re-
ligious spirit of his times, 455. His attempt to seize the
five members led to the civil war, 457.

Charles II., conduct of, 54.

Charta, Magna, substance of, 27, 28.

Cicero quoted, 123, 141, 263, 266, 275, 351.

Civil English laws, divided into unwritten and written law,
106. The sources of the unwritten law, 107. How far
the civil law is a part of the same, 109. What the writ-
ten law is, ibid. Peculiarities of the English civil laws,
112. Refinements and subtilties in them, 118, et seq.
Compared with the old Roman civil laws, 126.

Civil power in England, how superior to the military, 457,

462.

Civil Roman laws, the constant dislike of the English
lawyers for them, 103, 104. Formalities in the an-
cient Roman laws, 122. The different collections of
them, 148.

Coke, sir Edward, quoted, 176, 180, 227, 294.

Comines, Philip de, quoted, 40.

Commons, English, their origin, under Henry III. and Ed-

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ward. I., 31, 32. How inconsiderable their weight at
first, 33. This soon increases, 34. Farther advances,

.

41, 42.

How the house is constituted, 62. Vindicate
the right of taxation against the attempts of the crown,
46, 51. And of the lords, 85. See Taxation. They
cannot vote by proxy, 227. Enjoy a freedom of de-
bate superior to that ever possessed by any popular
assembly, 235. They are debarred from any share in
the executive authority, 281. Are thence led to serve
the people faithfully, 283, 284. Striking instances of
this in the laws they have framed at particular times,
338-40. And in their watching their execution,
357-9. Have impeached the servants of the crown
and judges, 359. Their proceedings in the case of sir
John Coventry, 363. See Parliament and Representa-
tive. Abridge their own personal privileges, 367. Do
strict justice on their own members, ibid. On what
occasion they repealed the statute De Hæretico Com-
burendo, 380. Their attacks on the crown's prerogative
defeated by the lords, 391. They in their turn defeat
the like attempts from the lords, 392.

Commonwealths, the people in them apt to be misled by
favourite leaders, 199, 200. The division of the exe-
cutive authority that takes place in them, makes it very
difficult to lay it under proper restraint, 220. The
people unavoidably betrayed by those whom they trust
with power, 271, 275, 278. Revolutions always con-
cluded, in them, in a manner disadvantageous to pub-
lic liberty, 323. See Revolutions. The laws to secure

the liberty of the citizens, besides being imperfect, are
not even carefully executed, 341, et seq. Cannot sub-
sist without certain arbitrary powers, contrary to the
liberty of the citizens, 418. Do not admit the liberty
of speaking and writing, and, perhaps, cannot, 421.
The power of the government supposed by law to be
unbounded, till stopped by some positive regulation,
446. By what means commonwealths generally lose
their liberties, 475. Great difficulty for the people in
them to preserve their rights, 475, 476. See Rome and
Geneva.

Conquest, the, is the real æra of the formation of the pre-
sent English government, 8.

Constitution, English, the æras of its formation, 8, 40, 58,
82. Being different from that of all other free states,
cannot fall into ruin from the same causes, 469. Causes
that operate for its preservation, 478. Endangered by

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