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parliaments, These opinions of Lard Hale were d ra wn front the eminent authority of Lord Coke, with whose s entiments they were in the most perfect He had heard it said out of Parliament. un isou• that these great men bad too much reverence for the Parliaments of the day iin which they lived ; and to opposition to them, the writings or Judge Black 1001dre frequently quoted. From this anthor he give no extracts, but he would read, in his 0 ," wo rds, au explicit contradiction of the err. m eets encl ea mou red to be deduced from his writing's. (Here the Right I ion. Gentleman lead from ect Bl that t'one's Cowsientories, opinio to the eff the privileges of Parliament were large and inclefi nite,l When Judge Fortescue was questioned es to t he event of these privileges, by the Hots* . of Lords, he refused to answer, on the ground Asti/ was not e t t o question that, of which the House itself must be the sole and only judge. That the House was so high mid mighty, that law they might male no law; and that their privileges ought not o f,,,f e fined, as being intended to protect the lame ties of the people fain the incroachments of the Crown; if they were defined. the Executive Go.. verwuritt would be enabled to devise new cases out of the legal definition, by which they might harass refractory Members. Judge Blackstone further said, that no catalogue of their privileges should b e ..tnek up for the information of all persons, as to define was to subvert the Constitiition of the Honpr. After this, he hoped he would never again hear Blackstone quoted, as saying Out the law o f Parliament was not the law of the land. The next work of which he should read a part WU a tract on the authority of Parliament, by Sir R. Atkins, who, in his Ggah page, said, that Pnr honed had three several powers : as a judicial tribunal, as a legi'l hive body, and as the tom ohms magassa regal.—But U. these enlightened tines it war argued that snch powers were so hostile to the laws of mature. that Parliament ought wit to eery them. This was no new discovery, whatever Grialemen might think of their sagacity in striking it Old.—(Hear). It was maintained, as ably as it was now, a hundred years ago. In the case of the Queen against Petit, Idnil Holt, on this ground, ha differed in opinion front the other eleven Judges. Lim! Holeergued, that if each power was allowed, the House might neclare what they liked, to which there could be #o stop. "Trite,' said the other eleven Judge., " but it is the law of the land—the law dike Wt il entrusted to Parliamem, of which it rennet PW . PEsurned thatsit wig do wrong, und change the law. " No mail could Writhe diame ter of Lord Holt in greater reverence than lie did.; but at the same time in which his Lordship lived, there were other eleven Judges of as great abilities, wilearned iu the laws, as friendly' to the liberties of the subject, and whose characters stood highs and without impeachment or iuquitutiorr of corrupt or improper motives for then; )i ii ions they held ; awl wbeu hr Wowed this weight of authority ageiost as inditidaal opiuion, he most say, that it was greatly outweighed. The faunilstion of Ler.' Halt's argresent was, that there ought to he ao onlimitted power in this• countrv. With nil de ference to this opinies, he must; beg to dissent from it. It .was not whet ow* to -lie the lee ; but v lint is. t h e. Iww? There Wise be some discretionary pown• vested somewhere in the Government of a tetsittry, and as God had made man, every human constitution was kable to error. The verdicts of the Judges -of the inferior Courts, if wrong,. might be repealed in the House of Lnrds, tine superior tribunal ; or if thew verdicts were pi overt to proceed front corrupt mo• tive., the judges might be pnaished by the House of Command. lint who should cult - Parliament to aeenunt. He might be answered, the people? But in what way were the temple constitutionally to de this When the Members of that Howe went hack to their constituents, then the people had the rented) •iii their ow', hands, awl by reelecting or dismissing their prestinetives, ring lit curetse all the cookout the con stitution of the country geve-theens It Will not the right remedy to take away the privileges of the Impel" branch of the legislature.- because is) som e instance these privileges might be gime& The address sew i t h m e ld Ki bn ig ., if o Parliament- idimin h ar s iiament- were distrusted, to If the House, from its construction, did not t en t :t . the pu sthe then redress was to be sought by all legal and constitutional memos, to form: but it was • • procure t aetettary re" umrates. as well -as silly, to lio stezp c t oti th il e , _ nototherit course. , It wits said that the commit for libel; but where did or could they find the law tin 11 nth ? t point. but in the Acts] o f t h e Lookiug at th is, from the Inge of the ist Volun could l be obtainedtswhich,anxious for all the ar iafor the m ir a j ti o n u n n t a il l e s ; on the subject, he had rie. (erred) to the latest period he had found nume rous in i e r:etai e ices_eecorded of committal fee s l an der. i the n decii r oui ofJudges House do n othi ng b u t l o ok a t itself for their direction s sod, to use a legal p hrase, he was, by that means, "'Teed from givin g . anlmm sent t i me , th ere hadgbeeoon. Before the pre./ the Constit ut i on of the a country, menas much attached to devoted t o t h e liberties of the people, a l ati e, as at any now bring. And y e t, when t he petition of ri g ht s w as Passed, did any one say, hen, indeed, are excellent Provisions made against the encroachments of the Crown, but I desire the same against the House of ozerb lan foe hiss protection of the pe o pl e ? Tnere C „a n t o war no Bfilist; those day when the ~ .~ i • ' lifierties at the list of their own liberties and like,. They did hoevay define or circumscribe the privileges ohlie'floutie of Commons; and when he ' fodhd chit tir - bc the cos.., his hands trembled too 1 toilets to act. if hisdranced to tear down that PAC liarneitity*Constktution, they thought the hest in the Wdeld'.—rnear. Itetir.)- 7 He could not agree to the doctrine of contempti now held by 'some. Of old, such OPluiotis did not prevail. The two Houses originally sat together, and possessed the power, . ' which wee indispensable to their existence, ton pre- • serve the 'lndependence of their meetings, and to • ' int - dice respect in their proceediogi. It itits dui* sitti.ig together,' he imagined.' that gave rise to ' the expiession 'of Sir J. Atkilis;thitt they inissesseil ' the seine poweri separately.'. He held the same ' Opinion ; and that when aspirated into . two ,' chabmers, each chamber ' posieased the power of the originally united - body. 'The twit great authority he should refer to Wei that of Lord Chief Justice Wilmot, a Man Orthe utmost ithi, lay. of the Most ' peached integrity, and a warns friend to the cease of 'phblic libtrty—its a judgment he hind prepared, but from Ciniutostames ne v er proliouticed. It held that it was the power of all Court,. to vindicate their own authority.--a power coevel with their institution, tiod tifillikrdr liamettt must have the same postai...' It.'inis ,thee Lei Terra. and as Much within tbehlegeitelittics, i and Istrleuendent of it, as if that charter did net meisq4 As for Mogan Char et, if they give it the generator/Ft.• strubtion now attempted to he mit upon it: on Man ' who knew aught, either of the law or the colietitu don,;-eroilel look iiround them. without seeing thet it was in the 'tame way tifiiversalty violated ; ond that there were shan'other Cans in 4 )irbich the 31thject watt committed to prison dfilkit trial They might as well sty that the tlitien'Caw, and the Encloit.tstieal Law, Wete of no salhitrilV, es th.y were not contained in ilfaßto...C'hafta. and were tomtit distinct front ie•The i iiiiilii iii Tell contend that these laws overthrew all the right's and libirties of the people. Lord Chief Justice Wilmot litated, that he hail inquilreilMost Mintitely into the tiolri. act, to disco.* the - ollion'Oftliis law of Oarliaingut. From these inquiries' tie giti . foonir, the' it was as ancient as the Common Law, with which it there:- Tote acted Vokrjunctly'strul io close alliance. It was the univernil oi le, front time. immemorial. that Judge's in'theiti **tint Codrts might attach tier'ile. fences '' fetishist ' their juiisdleiinn ; anti in the .ante mariner, the House Ll Commons must have the acknoidedg. rf right to eery 'their pri.iler:s in to exircution, in the Way‘they deemed most proper. The JUdges punished libels on iliviiisclirM in the execistioo of their office,by a: tiehaesit ; though, in that case, the fonctisiis of Juil 4 e, Juror, and exe cutioner. were united. Vet this Was never objected to, or called in 'question. by taulinatent. ;t was said. that there was an absurd. ly in a Maio's combining, or in a liody:i coMbiniuglit iiiielf. the functions of /anise, jatror, and prifißottir of the law; in its own case ;Nut lie the opinion of i•s abaurdity what it might. the tact wee, that m at a imethiniathcalid exist in` the iiidges, nod he roultf”conteni in Parliament' also: . He %toted, at' much Inngih', the authority of Lord Chief "us- Ace Crania; in, inoport of his opinion . j accOrditeg tie' whom, n it ',Amino.. of the spite ii of laW;io this cciuntry. that theca who were guilty of eontemltts, seta. slitobil.l be tried in • suminary manner." They should take 'all the ',item together. Trial hi Jury tens indiirtably one port' of it ; hut At tachment was another; in& they might Alepeill upon it, 'that 'Trial by Jury would be burped • in the same rave with th..• authority of the Courts id which it was ranc hed. -- 7 (lfear, Aiir.l In another plAce the ante eft ti n athority . *sited: how could the dodges go on t? re aiacharge of •, their functions, if they were pi le igslrittl as blPei dilifiloo . oUrsille. 11114 unjwst.-41400fil they .ptind at Atha 'door of a Grand Jury;' in iside'r,bekdow eljetbie tbeir' - character's sere to •Ise iiipfieatsel f' itimeidd, ,they mahout io the dell'y ;rid fortuelite of 4 verdict. i sobjget to the' influence of' popilliordeltis i ou; for the piiipMe i,iraiteeiti ag their clrd! l ip the reptitation which dudesenotilly'attapked) Hiseng stated his opinion of the low' a-parl uo t e lat thtis Tar; an I quoted suchinstances itt,sopport et that opinion, ;he thought it uniiremiotry to adtfanylnOre upon that heist; but the nuthatch or:Yolks Blackstone, who; tfintigbiltioled iwfavistirif the tooderuppi Mons upon this subject, had said upon other pruoi t iples in, the case'of ( liver. He was now coin e to the cas e ithmedintely before the floe*, and to di manner in which Toe thought it hest to proceed. It was not his isitention to suggest any thioo by way'or am-, :vice,itie ‘ tlie house, but merely to give up epoujon ate the' &timer in` which he would himself have *tat 'if pliked iti a situaticin:ivhiefi celled fqr it.-- Aejliemot %lief bad no right 'to gallppon him for so opitioit; for whatever olUmpi he bad yet tie ' cloMd u' Vie subject, was resisted by the Right Pp. Getitleniin' ? 'aud Over-ruled by fir Ibusgee— he principle, • \iperi which he :h'pUld act,. in a case iketlie preseot, would be, to go as near as ito- sills , the old course O f prOceeding--/Aeor. hear ;)--40 follow the exaniole of their ancestors. as clomly,as the 'eirvuinvtunces would permit. In siiiite of what &rev onions might attach to hint for, the sera; ledginent..he would say, that if he was in o silos !ion in which he was called upon to act, be 'amid advise, that' the Attorney, serving the viarroot, should 'be committed—/ Hear, bear.)-HC vrot(ill not be deterred frilim declaring this, by ontappie hension of the consequeoces, however anasous he might he to possei• the favour of the public... foe terity shbold not have it in their pow.. to My 4 him. there was a tnsn who. in ' his anxiety Inv po pularity. lost sight of the privileges of die MOO of Commons=/ Hear, ben./—He was mot sure that such • step would stop the pro'eeedings in the ac tion ; but as it was the course aflopted in all for., mer cases, oft te e .,. who had . gam before them were in the habit of committing in such caws., he would' wish that they should J. 50 t 00 • 7" The neat poiut to :consider was, what should be dole by the Speaker himself ? It struck many am • monstrous meetly. that the Speaker should plead in an ration brought against him for having dii chisrgevE his duty to that house; that hr s hould appear in Court for the puipmeof inemering for an exercise of its privileges. He tlinughr, neMr thelesst, that the Streaker should appear and plead, 1 to that action-111"u. bear.)—lli. Waited chit OM** sot a proceeding so fraught with danger as was apprehended. With re.pect to the propriety of committing the Solicitor, he hail not • doubt upou his mind. If a man haul been committed by hint for a contempt of the Court, wisiledie !tad the honour of holding the Great Semi of Ireland, and that an Anothey had served him with a process. iu consequence of such, comnsitineitt, he would nut he sitate one moment to commit the Attorney also., k That he would certainly du, but, at the same nine. he would appear to plead to the actinn. (thar,hear.) =lie would plead to it upon this principle, that the, Court belowsluntld have jurisdiction to this extent that ,they should know upuu what grouuds the action was brough., god upon what plea it was to be defended ; a knowledge at which it could not .otherwise arrive. As' to the course for which some Gesetleines seenied to contend, he did Mt .know how,-it was to.-be acted on. Would any one say that a prohibition ought to be issued le the -Courts'. He had server met .with such a line of preceding:in, the coterie of his read ing. nor had he heard it mated, froth the experience or the.reading of any other man. Was the Speaker to send a letter to the image. COMManding bath not toheer it .He 'Duet my, that if he;was the Judge to witonveucb- • letter.was addressed, with all his attachment to the privilege, of that House, and all ha'relitlet £O 6 the Speaker. he would feedit his duty to pay bo 'attention whatsoever to such *letter, nor is desist frost thehearing.of the cease, entit.the plea had given - him / to understand thot it was a trial Jvolvaitg decisi o n ttletti the privilees of th e nuse pliceiquioas.. If, ultderit false ides of pro tecting thins privilege*. they went, to issuee,pro tosthe Courts below, then, indeed, the • prole might with - jtistice ',reuse them of trawl . ana eppression. (Hoar). The Speaker, he thoogitt. inform the Judgee. by plea. thatithe had acted, in the iintanerfor which them ctiou smimmaibauught, in his capecityas Sp. aker ; Fie should add to this state ment. that the action herm i t of sue* a nature, they (the indgest. had .no power to entertain it against hint, or to decide upon the priviltegeo of the House. If the ,Conti thee lent on to try the cause, if' it persevered in (lending upon their privileges or upon the warrant of the Speaker, he would own, with the same frankseas that he hid hitherto avowal his *pinions, that by such !reelect the Court would exceed its jnitsdiction.--(//ear! Aral- !)—But he could "en imagine that it would do so ; he could not suppose that' the Jurl,;es would feel ?Irish to violate their duty. ancl . act in bostitdy to the known lees' of the lands—Meer / beer 1) Ilavitig stated his opinions thus hanlly, no man could accuse him of b- ing actuated by the feir of exeitittg popular disapprobation, or of seerifiettig his duty to any unworthy motive. (Hear! heir 1,1 He hail no hesitation to say that such were his sen nonage ; and if the people of Englaud, forgetting their good ~:use and the principles. of the celestite tioie shoislil be prevailed impala to take a part agemst the privileges uf that House, they might deirend upou it, that they were Retitle wither the impulse of a most dangerous ileinsera. and lending themselves to cause deterlll4 . lVe of their prosperity. The present question should not be euttasierell mesely its refer mice to "lie present House of Commons, but to every future House ; lint to assent circumstances but to all possible eircuinstant-a in which the country could be placed. Should it be thought -theterstilegef so eirliti4 to their welters. WeretOg laufh,fair tho „people to bear, let theta remember, , that their curators had borne them ; (hear, Leer;) theiewho in other times contended against arbitra ry power with such noble zeal, they who possessed *pints so unheaslin teand principles so consistent with !freedom. they wboseaver.ion to ell unjust restraints. ( asset keeseak,strotng as that of their descendants, they hied borne thein. Upon the privileges of that 'flause depend the liberties of the people. However. a momentary delusion might bias their judgments, sod warp their Acuities, (her would discover thisat. last. and recognize in the Reuse of Commons. their mural; prosector, and opn.titational safeguard against arbitrary power. What. was the Crow's to be considered as the defender of their rights ? Were the people to turn their eyes to that as to their only goitre of hope and of defence ? He veugroted. the Crown, as an ingredieut ria that form of Gov rnment, which he considered the best on earth ; but, from its nature, front the structure of the hiseven 'Mud, and the tentleney of power to **tend itself, and to trespass, it never could be re garded as the safeguard of the laxities of the peo ple. They would find in • history, that it had not heretofore acted in that capacity. No other King. perhaps, beside the present. had given them decided testimouies of anxiety for their privileges. and for those parts of the Constitution which acted as checks upon the prerogative. It was out of the nature of things, that, t.,inittitationally speaking, the 'king could be held in such a light. They might as well expect that he would come down to the House, and give. up all the powers with which he was legally invested, as that he srouitt beeome the aseertor 'of the liberties of the peewit,. Speaking is IL conektutional light, and w i t h t h e f reg d eet et an Engli.hinao.. be would triathlons that there'never was o more objectiontible doctrine avowed, br pmts which' was fraught With coesequenees ois injurious to the nation. Heins stanctil the evinces of the Howse ofStoart, had their jealonsy,lo the .righto.oftlisopeople ; Welded; ing therefrom, that, theuich aeriece of a different character, unit different political notions, now sat site lite throne, they should still keep its view the passel nli y of meeting hereafter those of a similar description. If it was the opinion of: the people that the. flonse of Commons Ail net:do its dutyt, that its eetitstursit4 were too much at variance 'with the country, and that it was too Mood) an bistros. meet in the hands of Ministers, let-it be 'uttered rood modified, if it was the desireloit the nation that it should ; bat let theta not seek flue swetechou from the Crown which they could crily Ind in a House of Commons.—(Hear t lie . v)-.4. if the, privileges of the HOUSE of Chnilbrotli weft to Ise "t restricted. whet was to beetheir liounduet; should the people be the Judge,. of art moon to which they. mere taba carried, ee elutelds(m.memed now to be the oppion of, away), the Oven pf Bench decide? It was in,Nrain to say that they might do so in the present ease. and not Fn every ' other. If they were to this, open what prin ciple mould they refuse to try any-that was salmi t. ted to them; it anglaise made a question. after sieh a peteedeot, whether theliste bad a right to comittlf le plena% for bestingW.Slesietinta it-Arms, the Serjeatit having provoked and insulted him t It would bring all their privilege* into that state, that the Court of King's Bench would have aright to de cw l o d u e ld " be n tthheemCevouerrty o o t he, dern an ie d r the resolguroilarei all such cases. But, suppose that public opinion was to 62 the limit of their jerisiliction, it was not difficult to see what that would end in. Some might vault it expedient that certain privileges should be allowed, but there would not be wanting' those who would limit them still farther ;- the strtiggle between the candidates for pnbhic favour would at length amount to this—oho should restrict them most ; anti they would go on bidding against each other at this auction of popularity, until they had re. dared the privilege and powers of that House to au state which must sink it into nothing ; they would go on advancing With rapid steps to the colt fusion of democracy, and from thence into tlitt state from which there is no deliverance, hit in the Government of a single person. (hear ! hear 'j Let them remember how near they had hi:cot to that situation before, when the unfortunate Charles suffered for his errors; when all good men, who, wished to bring the Constitution, to its proper rune, were turned out of that House, and none but tie salad* and the interested were permitted to remelt, /Hear, hear);—men who talked of' freedom, bu t meant despotism; se who sought the Lord," butt found a crown—Mew. heard—lt because the di to take elesson from times like there, and to regu late their coudact at the present day. With a slew to that lesson, of crime and danger, with wit -li their history. presented them, it became the people. with such instances before their eyes, and woe t:•e., experience of the benefit, of the Constitution rti : l..r Initial they lived, to be cautious of corninitt.t.g theisiselvea in such a contest as the preset:'. If they suffered themselves to be urhled, un ler suet, circuinstauces, they would suffer the gresttf'st eds. rattles; but they would traffer them unregrettel, wipitied, and unrelieved..—(Loral and repeateti Cries' of hear.) "Mr. Aosta said. that after the etoquerii, • lumi nous, and crinatitutiotest stitech which they had just heard, (hear. heard it would not be necessary for him to trespass on their time. There wag not a principle, a doarine. or an illustration, which did not go home to his feelings and his judgmeut ; th. 4 he was persuaded to Ott of ties House. (Hear, hear.) He could not, howerrr, let the quession gi to a division, wohout stating his oninton on tie Course .that should be pursued. hop 'd that hereafter they would he able to assert t'utr oils privilege., without the inconvenieuce of entering a plea ; and thought that, for this purism*, it Rests lutinn, declaratory of their privileges, should he en tered into. He agreed in the principle of hI, Right lion. Friend, that whets their privileges were attacked, it was necessary that they should tike the course they had always adopted before ; and though it was. now rath4 late to resort to it, be wished that it 'should' be adopted. The CliSilca4cia Of the Excuequea 'pealed Mr. Piesoithy, in very warm terms, upon the general tenor, as well as the elovieu. e of his speech. Still, however. he could not refute from expressing his surprise that he should hive resolved to withheld his as .;stance front the Committee, when. according to his own confession, they were embarked in a common cause. the assertion and 4ttiirwt of which was tietemewe to ..he liberties of the country. It it was his opinion that the Com mittee was intent upon a wrong course, which he could not have succeeded in altering, he now found that the course which it recommended was one ire which he himself agreed.—( Hear, hear.)—lle (Mr. Percent!) Was apprehensive, from the rnan• net in which the Right Hon. Gentleman het usked him whether that was the course which he would recommend ? that he was desirous of pinning him in order to oppose him ; he was haepy, how 'ever, to find that he was mistaken. 'the Right Hon. Gentlest*, had laid touch stress upon the unfortunate simation in which the House was placed; now, what was this unfortnusts notion ? It was the situation in which the) would always be placed, in every exercise of their privileges. (Hear, hear.)—Had any man an idea, that if Sir Frauds Burdett was brought to the bar to he reprimanded, this action would be avoidsd, or that he would not have placed the House in a situation io which it would be neeessis.y for it, to assert its dignity by some such measure as that tai which they were now driven. He (the Chancellor of the. Exchequer) was one of those who did nut regret that it was come to this crisis, that they would shew they had the power to protect their privileges. If he objected to any thing in the Right Honourable Gentleman's speech, it was that which attached so mach import ance to the difficultics of the !situation. The diffi culty was not such; he was confideot,•that any Judge of the land, on hearing the case stated, would say, if it is a question of - privilege, I cannot try it." TheCtrueti it was true, might try whether it was a proceeding of Parliament ur not ; but as to the right of Parliament to order such proceeding, it was what it never would try ; he, therefore, had on apprehension ; in the situation in which they Sere placed, let them adopt the course which they were compelled to pursue, withoit whiuiug.— Such greet apprehensions of teaching their prin. Peels appeared to imply a doubt of their soundeins. When the subjeet came before the Juolges, the question would be whether the action was islooght for a conduct adopted ruder the autnority of the House ? It might also decide wlwther the plea stated the circumstances in due form. Even sup :posing they had not acted effectively, in not cum. . witting the Attorney, such a measure could now ,be taken with. more propriety than before. They souk' also be right to consider, before they adopted . lit even now, whether they should do iu one case Sethat they might not be able to du in another. If theAttoruey who had served the notice was corn. wetted, he might employ. another who would comment* ao action without notice, or stating thesgrinstsis oldies enough to be istitsislittl with committal . • Ise.i.fes they womb' only h.. ve to wait till s.— end of the gesome et that time the *Fiend Solicitor would be liberated, and c e p. ; l e himself of prosecuting the actum. He trioorin that the House would pursee the wisest chaise in adopting the advice of the Committee witho u t pur suing the cosines pointed out by the night Hon. Gentleman and his Hen.. Friend. T..ore were cases in which the Noise diticied preeseutio.. s by other tribunal*, but in so doing the House bad dis permed with, not abandoned Its right. He went into other cases, illustrative of this peel en, sad cop:Mani with expressing his snisfection, that however they might dtter spots imisticidar paws& seen language in those days, when the acts an which British liberty was founded, were framed. Neither dud they then say, that in a free country. the Representatives of the People were not the fit. test person a to be intrusted with that discretionary Power, which must. somewhere in the Government. • he entrusted.— r lieor.)—.Yet, in theft days, the glorious days of the Revolution. lived Lord Somers, th e head of a great party in the State. sod of whom !lemon would venture to say, that he was aot devot. • thy attached to the liberties •A the people. In those tits lived Sir John Jekyll and.W in. Maynard, mem ceidirsted for their love of liberty and devotion to the interests of the people. Did these great men. when the Kentish Petition brought the question of P` `Dirges to issue. did they call for • definition of the privileges of Parliament. or for the infringe- ment of the privileges claimed ? No ! they were too sell acquainted with that constitution they had O'f'd to fortis, aud to which they were so firmly • " 14 .'hf•d. Thus he had s ot only the sulictioni of th e for the doctrines he had advanced. but "as sit pported by the greatest men the country ever to boast..-the rata who had myriad hoe I I