Imágenes de páginas
PDF
EPUB

SECONDLY, Because in those leffer cafes of appeals from Chancery, and Writs of Error, where only money is concern'd; yet it may be observ'd, that even there an arbitrary decifion of the Lords is fubmitted to, only that it may be taken from the Chancellor and the Judges: And indeed by setting up an affembly to which we may in thofe cafes appeal, the fubjects are not expos'd, but rather fecur'd against too much power in the Chancery, and in other Courts below.

THIRDLY, Tho' it must be confefs'd, that by the word (Parliament) is fometimes meant only the House of Lords; as when caufes are faid to be brought into Parliament, or the like; yet that is only because the other Houfe has nothing to do in fuch matters, and therefore it needs no explanation: and 'tis the fame when we fpeak of Elections to Parliament, where the House of Commons alone muft needs be understood, because there are no Elections into the other Houfe. But how is it poffible that in a new Law, and of the greatest importance imaginable, and for the quiet fettlement of all people's minds for the future, it fhould be ineant of one Houfe only, and yet exprefs'd

ambiguously, or rather indeed plainly to the contrary, by the word (Parliament) which is an affembly neceffarily compos'd of two Houses?

I can imagine no reply will be made to this, unless it could be pretended that in the time when this Act was made, the word (Parliament) always fignified the House of Lords only; even just as the word (Peers) does now: But it is manifeftly the contrary in all the histories and records of that age.

THE Second opinion was, That by these words (the Judges fhall tarry till the cause be fhew'd and declar'd before the King and his Parliament) it is intended there fhould be a new Act of Parliament in any fuch cafe, before the party be condemn'd; and after that, the Judges and Juries shall find the fame fact Treafon ever after.

Now to this I have thefe objections.

Ift, THERE is nothing in these words importing any obligation on the Judges after the cafe hath once been ftated, and brought into Parliament; they are only directed to stay proceedings, and to bring it hither.

AND 2dly, If the Judges had been so oblig'd, yet that had been a good argument against

[ocr errors]

against our interpreting it to be meant of an Act of Parliament, and fo one part of this opinion destroys the other: For, to what purpose fhould a Parliament in EDWARD the Third's time authorise, or direct all future Parliaments? 'Tis authorifing, to declare that what those Parliaments enact, fhall be Law; and it is directing, to fay, That whenever fuch Law fhall pass, inferiour Courts fhould act ever after by the fame measure. Whereas certainly the prudence of a present Parliament is likely to judge better of what new power fhould be then given the Judges, than one in EDWARD the Third's time, fo many hundred years before any fuch new crime was committed.

THE other interpretation of this clause was, That both Houses were meant by the word (Parliament) for, fay they, it was needlefs to authorise King, Lords, and Commons, who have always an unlimited power; and it had been giving too great an authority to one Houfe only, viz. the House of Lords; and therefore the meaning muft needs be, that a Parliament compos'd of both Houses fhould interpret all fuch cafes which are too hard for the Judges, and not exprefs'd in this Law plainly enough for them to prefume to meddle with it, Now

Now this perhaps would be a plaufible interpretation, if the words had not been (before the King and his Parliament.) For, tho' to the first opinion of its being meant of the House of Lords only, the mentioning a King is no objection; because his name is always used in a Court of Judicature, where he is fuppofed to be virtually present; and because Westminster-hall it self where the Judges fate was anciently a part of that house where the King liv'd: Yet to those who take it to be meant of both Houses, it is a very good objection; because there is no colour of reason for the King's being fo nam'd in the claufe, if the two Houses are enabled by it to declare new Treasons without him, and perhaps even against his opinion.

THE two Houses of Parliament have certainly a very great authority as well as credit in this nation; and whatever they concur in, will bear fuch a weight along with it, as to break through almost any oppofition. But yet there are bounds fet even to the Royal Prerogative, and to the two Houses alfo; by which no alteration is allow'd to be made by them alone in any Law, much lefs in this the most important of all our

Laws,

[ocr errors][ocr errors]

Laws. An Act too facred to be changed by any power lefs than omnipotent; I mean the Legislature, confifting of King, Lords, and Commons joined together.

BUT now my greatest task begins; and I find it much easier to make objections, than to cftablish any thing that fhall be liable to none. However, if I went no farther in a matter of fo much difficulty, it may be of fome ufe to expofe all erroneous interpretations; fince any pofitive mistake of this clause is fatal, and a thousand times more dangerous, than a modeft doubtfulness under fo great an uncertainty.

YET because it may be of fome little use to my felf, and cannot in the least be prejudicial to others; I am refolv'd to guess a little what the meaning of this oraculous claufe fhould be, which runs in these words: ("And because that many other like cafes "of Treafon may happen in time to come, "which a man cannot think nor declare

at this prefent time; it is accorded, That "if any other cafe, fuppofed Treason, which "is not above fpecify'd, doth happen before

[ocr errors][ocr errors]

any Juftices, the Juftices fhall tarry without

going to judgment of the Treason, 'till the caufe be fhew'd and declar'd before "the

« AnteriorContinuar »