trufted with the guardianship of the per fons and poffeffions of idiots and lunatics, without account.

I leave his majefty's prerogative of a negative voice in the legislature; as alfo his prerogative (or rather duty) frequently to call the two other eftates to parliament, and duly to continue, prorogue, and diffolve the fame; till I come to speak of the three eftates, when in fuch parliament affembled.

Here then we find, that a king of Great Britain is, conftitutionally, invefted with every power that can poffibly be exerted in acts of beneficence. And that, while he continues to move within the sphere of his benign appointment, he continues to be conftituted the moft worthy, most mighty, and moft glorious representative of Omnipotence upon earth.

In treating of the fecond and third e ftate, I come naturally to confider what those restraints are, which, while they are preferved inviolate, have fo happy a tendency to the mutual profperity of prince and people.

The ARISTOCRATICAL, or

SECOND ESTATE.

Tthe conftitution of Great Britain, is HE Nobility, or fecond eftate, in originally representative. The members were ennobled by tenure, and not by writ or patent; and they were holden in fervice, to the crown and kingdom, for the respective provinces, counties, or baronies, whofe name they bore, and which they reprefented.

A title to be a member of this fecond eftate, was from the beginning hereditary: the king could not anciently either create or defeat a title to nobility. Their titles were not forfeitable, fave by the judg ments of their peers upon legal trial; and when any were fo deprived, or happened to die without heirs, the fucceflion was deemed too important to be otherwife filled, than by the concurrence of the three eftates, by the joint and folemn act of the PARLIAMENT, OF COMMUNE CONCILIUM REGNI.

Thefe truths are attefted by many ancient records and parliamentary acts. And, although this moft highly ennobling cuftom was, at particular times, infringed by particular tyrants; it was inviolably adhered

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adhered to by the beft of our English kings; and was obferved even by the worft, excepting a few inftances, till the reign of Henry VII. who wifhed to give confequence to the third eftate, by deducting from the honours and powers of the fecond.

In truth, it is not to be wondered that any kings, who were ambitious of extending their own power, fhould wish to break and weaken that of the nobility, who had diftinguifhed themfelves, by fo many glorious ftands, for the maintenance of liberty and the conftitution, more particularly during the reigns of John, Henry III. the fecond Edward, and second Richard.

Till Harry VII. the nobles were looked upon as fo many pillars whereon the people refted their rights. Accordingly we find that, in the coalition or grand compact between John and the collective body of the nation, the king and people jointly agree to confide to the nobles, the fuperintendance of the execution of the great charter, with authority to them, and their fucceffors, to enforce the due performance of the covenants therein comprifed.

What an illustrating distinction must it have been, when patriot-excellence alone (approved before the country in the field

or the council) could give a claim to nobility, and compel, as it were, the united eftates of king, lords, and commons, to call a man up to a fecond feat in the government and steerage of the nation.

Such a preference muft have proved an unremitting incitement to the cultivation and exercise of every virtue; and to fuch exertions, atchievements, and acts of public beneficence, as fhould draw a man forth to fo fhining a point of light, and fet him like a gem in the gold of the conftitution.

The crown did not, at once, affume the independent right of conferring nobility. Henry III. firft omitted to call fome of the barons to parliament who were perfonally obnoxious to him, and he iffued his writs or written letters to fome others who were not barons, but from whom he expected greater conformity to arbitrary measures. Thefe writs, however, did not ennoble the party till he was admitted, by the fecond eftate, to a seat in parliament; neither was fuch nobility, by writ, hereditary.

To fupply thefe defects, the arbitrary miniftry of Richard II. invented the me thod of ennobling by letters-patent, at the king's pleasure, whether for years, or for life, or in fpecial or general tau, or in fee-imple to a man and his heirs at

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large.

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large. This prerogative, however, was
thereafter, in many inftances, declined
and discontinued, more particularly by
the conftitutional king Harry the Vth, till
meeting with no oppofition from the o-
ther two eftates, it has fucceffively de-
fcended, from Henry VII. on nine crown-
ed heads, through a prescription of near
a century and a half.

Next to the king, the people have al-
lowed, to their peerage, feveral privileges
of the most uncommon and illuftrious di-
ftinction. Their Chriftian names, and the
names that defcended to them from their
ancestors are abforbed by the name from
whence they take their title of honour,
and by this they make their fignature in-
all letters and deeds. Every temporal
peer of the realm is deemed a kinfman
to the crown. Their depofition on their
honour is admitted in place of their oath,
fave where they perfonally prefent them-
felves as witneffes of facts; and faving
their oaths of allegiance, fupremacy, and
abjuration. Their perfons are at all times
exempted from arrefts, except in criminal
cafes. A defamation of their character
is highly punishable, however true the
facts may be, and deferving of cenfure..
During feffion of parliament, all actions
and faits at law against peers are fufpend-

ed..