that it ought to be maintained inviolate. Whether this judicial authority was antiently vested in the House of Lords alone, exclusive of the Commons, hath been thought a point not quite so certain: our most eminent antiquarians have been of different judgments about it (r). Some of them have thought that this judicature being parliamentary, the commons are entitled to a share in it; and the rather, because their having formerly been included in the baronage, and having fat with the Lords in one house (s), it could hardly be otherwise, but that they must have had a share in determining the causes then moved in parliament.

And indeed, as it is evident that the Commons did join in acts of attainder, passed in a legislative way, so there is also reason to think that they did sometimes concur with the Lords in declaring the law; and even in making awards in particular cafes, even of a civil nature. William de Septivant's case is an instance of it, and others quoted by Mr. Petyt. But this feems rather to have been practised by the consent of the Lords, in those particular cases, in order to add greater weight to their own decifions, than because the Commons had a strict right to concur in all such cases.

There was antiently a distinction between the greater and lesser Barons; and the right of judicature, in the Magna Curia, seems to have been vested only in the former, with the King at their head: that the Leffer Barons had not that right, appears from Archbishop Becket's cafe, in the reign of Henry II. And it feems very probable also from hence, that the Lesser Barons, were not reckoned Peers like the greater Barons. In 4 Edward III. the Lords are characterised as judges of Parliament; which indeed the Commons did not dispute, in Henry the fourth's time, when that King and the Lords declared, that judgment solely belonged to them; and this course hath ever fince been observed. There are numerous instances, in which the Lords have judged in parliament, not only in the causes of their Peers, but those where the King has been party, but in others also brought before them; and even in ariginal caufes (t).

And whoever judges truly of the interest of the constitution will be clearly of opinion, that a Peerage is absolutely neceffary, for feveral good purposes, especially as a bank or - screen to the Crown. If we had no peerage now upon the old constitution, yet we should be neceffitated to make an artificial peerage, or senate, instead of it (u). Cromwell himfelf found it necessary to do so: and it is more so every day, in proportion as the House of Commons goes on gaining ground. • Every one therefore, who is no republican, ought to de

(r) See Cort. Pofth. p. 359.
(t) See Cafe of Appeals, p. 18.

(s) Lex Partiam p. 54.
(u) Plato Rediv. p. 133.

PP4

fire to support the dignity of the Lords house as much as pofsible; and to that purpose it is necessary at present, that all the prerogatives of that house, and especially the right of judicature, should be preserved intire; for if this should be loft, they would find it impossible to preserve their dignity. If it should be supposed, that there are some young, unattentive, and unskilful perfons, at all times among them; it is certainly true on the other hand, that there are and always have been, others of great knowlege and probity, who take care that there shall be no just grounds of complaint in their administration of juftice. In fact, I do not find there have been many caufes complained of; and probably this fame care will always be taken, not only from their innate honour and probity and regard to justice, but also because they know that the House of Commons have their eyes open upon them; and that the Commons will be likely to be supported by the people, in cafe the Lords do any thing amiss. So that upon the whole, the last resort could not easily be better placed, nor the judicial authority in general be much better administered.'

We believe the general public sense will confirm the honourable teftimony this learned Writer bears to the ability and integrity with which judicial proceedings are conducted in the House of Lords; but the strongest teftimony of all others is the amazing encrease of business of this kind; and the very numerous appea's which are made at the bar of this assembly every feffion of parliament: this shews the confidence which the public places in this court of judicature; and we doubt not there are many great families, both in this, and other kingdoms, that have experienced, to their great and lasting satis faction, the wisdom and fidelity of its determinations. And we need not fcruple to foretell, that if the body of the British Peers will go on to administer justice, in the manner that it hath been done, for some years past, they will on this account, if on no other, retain their dignity and importance in the legislature. The friends of public liberty, though not partial to the aristocratic part of our government, as such, have observed with pleasure, their rifing importance in this instance, and have looked upon it as an earnest of the frequent and early meetings of parliaments, which is the great fecurity of every thing dear to us as Britons. Nor did his Lordship need to have expreffed any fears, as though the House of Commons was gaining ground beyond its due proportion: as long as the fons, relations, and dependents of noble families are members of the House of Commons; and fo many boroughs and counties are almost at the disposal of the peerage in all their elections: as the number of Peers is every day enlarging; and a steady plan of policy pursued for confining and accumulating wealth in that body; and as long as B-ps have a feat in the House of Lords, the apprehenfions of the public will certainly run the her way.

[To be continued.]

INDEX.

N. B. To find any particular Book, or Pamphlet, fee the
Table of Contents, prefixed to the Volume.

CONVERSATION, remark on, 207. EDUCATION, general remarks on,