morally bound by their acts: And Britons would then lofe the glory, which Plato ascribed to the citizens of Athens, of being at once the mafters and flaves of the laws.

The divifion of the fovereignty of these realms into three eftates, which, acting in concert, we denominate parliament, by reciprocal checks, and reciprocal aids, gives our civil polity advantages enjoyed by no other in Europe. Yet it was an apophthegm of the great Lord Treasurer Burleigh that England could never be ruined but by a parliament. And the doctrine of its omnipotence, which fucceeded that of the divine and indefeasible right of our kings, has contributed to the lofs of America, as well as to the feparation of Ireland; and may, hereafter, prove fubverfive of our liberties. For with the fpecious obfervance of every form of our conftitution, the effence of it may be annihilated; as occurred at Rome, under the defpotifin of Auguftus: For the fenate retained themselves the image of freedom, whilft they gave a full fanction to his ufurpation. Indeed corporate bodies, when they affect unlimited power, are capable of proceeding to greater lengths than any individual.

Supreme authority is perfectly distinct from arbitrary or absolute power. The one is founded on certain fundamental principles, and limited by

Blackstone.

certain

Henry VIII. the parliament refigned both their civil and ecclefiaftical liberties too the king, and, by one act, totally fubverted the English conftitution. For they gave to the king's proclamations the full force of a legal ftatute; and even framed the law, as if it were merely declarative, and intended only to explain the true extent of the regal preroga tive.* When the fame arbitrary monarch heard that the commons made a difficulty of granting a certain fupply, which he required; he was fo provoked, as to fend for Edward Montague, a member who had confiderable influence in the houfe; and laying his hand on the head of that gentleman, then on his knees before him, im, periously faid, get my bill paffed by to-morrow, or to-morrow this bead of yours fhall be off. His def potifm too well fucceeded; for, the next day, the bill was paffed. Under the government of Edward VI. a grievous and partial tax was imposed on the whole ftock and moneyed interest in the kingdom, with an entire exemption of the land. One fhilling in the pound was to be levied yearly on every person who poffeffed ten pounds, or upwards; a fum equal to half the yearly income of all money-holders, according to the rate of legal intereft..

,,

1

• Hume, vol. IV. p. 210.

+ See Collins's British Peerage. Hume, vol. IV. p. 51.

In the year 1660 a perpetual excise on ale, beer, &c. was enacted, by parliament, as a commutation with Charles II. for the abolition of the court of wards and liveries. This court was an intolerable oppreffion on the nobility and gentry; as the king exercised by it the wardship of all infant heirs ; and enjoyed the benefit of their eftates, till they had attained a legal majority. He had, also, the abfolute difpofal both of male and female heirs in marriage, with other powers liable to great abuse. But it is evident that these feudal fervices affected folely the proprietors of land; whereas the excife must fall chiefly on the lower tenantry, and laboring poor; and that, therefore, the alleged commutation was, in a confiderable degree, founded in fraud and injuftice. In this light it appeared to fome of the members of the house of commons: Mr. Annesley, in particular, urged, " that if the bill "was carried (which it was afterwards by a majority "of two voices only) every man who earns his bread

by the fweat of his brow muft pay excise, to excuse "the court of wards, which would be a greater "grievance upon all, than the court of wards was " to a few."*

There is on record a folemn refolution, which paffed in a committee of the house of commons April 6, 1780, when no lefs than four hundred

• See Harris's Life of Charles II. vol. I. p. 396. Parliamentary Hiftory, vol. XXIII. p. 21.

and

and forty-eight members were prefent, that the influence of the crown bath increased, is increafing, and ought to be diminished. (B) And in the statute of a fubfequent feffion of parliament, for regulating the king's household, it is enacted, that an oath be taken by the keeper of his majesty's privy purse, that no part of it shall be applied to the use of any member of the house of commons. We are further warranted, in our apprehenfions of the danger arifing from this fource, by the authority of the Baron de Montefquieu, who predicts that the liberties of England will perish, whenever the legislative power fhall have become more corrupt than the executive: or, as it fhould, perhaps, have been expreffed, whenever the executive power fhall have acquired a corrupt afcendency over the legislative. In the reign of Charles II, if the dispatches of Barillon may be credited, the king of France meditated the establishment of a pecuniary influence in the English Parliament. It is alfo well known that Charles was himself a penfioner to this monarch, and received large fums for the most illicit purposes. When the crown egregiously abuses its power, the commons, on various occasions, have thought themselves justifiable in withholding the fupplies. If they, however, unhappily countenance and aid fuch abuses, and remain deaf to petitions, remonftrances, and every other constitutional claim, the people may continue to fubmit, but cannot deem themselves

morally

morally bound by their acts: And Britons would then lose the glory, which Plato afcribed to the citizens of Athens, of being at once the mafters and flaves of the laws.

The divifion of the fovereignty of these realms into three eftates, which, acting in concert, we denominate parliament, by reciprocal checks, and reciprocal aids, gives our civil polity advantages enjoyed by no other in Europe. Yet it was an apophthegm of the great Lord Treasurer Burleigh that England could never be ruined but by a parliament. And the doctrine of its omnipotence, which fucceeded that of the divine and indefeasible right of our kings, has contributed to the lofs of America, as well as to the feparation of Ireland; and may, hereafter, prove fubverfive of our liberties. For with the fpecious obfervance of every form of our conftitution, the effence of it may be annihilated; as occurred at Rome, under the defpotifm of Auguftus: For the fenate retained themselves the image of freedom, whilft they gave a full fanction to his ufurpation. Indeed corporate bodies, when they affect unlimited power, are capable of proceeding to greater lengths than any individual.

Supreme authority is perfectly distinct from arbitrary or abfolute power. The one is founded on certain fundamental principles, and limited by

• Blackstone.

certain