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have which is the act of an ineffi- “ estates of parliament are one entire cient agent? With respect to the "body and corporation ;” and a litvacation of the throne I beg leave to tle further on, these words from Fiask, if the king's seat of office was neur, are quoted : “ the parliament not really empty before the prince" at the common law consists of the was placed in it, as his father's re- « King, Lords and Commons, and presentative? If it is asserted that " they are but one body corporate." it was not, then I ask what business --If there be a principle in our gohe had to te put there at all? We vernment that deserves the name of speak of the throne figuratively, as fundamental and incontrovertible it we do of the bench, and we apply is the above. I conceive Mr. Editor, likewise the term to seats of state that you will not scruple tu grant which are made to resemble the real me this principle; and I equally throne: thus we now hear of there confide in your granting me another being a throne at Carlton house as principle, tiamely, that a part can. well as one at St. James's, and per- not constitute a whole; and having haps likewise at other palaces, but these two principles, Sir, then shall after all there is a seat which is pro- I have all that I want to prove that 'perly the throne, and that is the seat the throne was empty. Parliament, which when parliament is assembled, it is proved, is a body corporate, that holds no less than one third portion is to say compounded of three paris, of the legislature. Now that this two parts out of three cannot make seat was empty, till the prince was a whole, therefore the Lords and put there, is evident, from the total Commons could not make a parlia. stoppage of all parliamentary busi- ment, and why? because the mo. ness: the two estates of Lords and narchical part was wanting, that Commons were there, but the mo- part which is seated in the throne narchical estate was not there, either was not there; the empty chair stood in person or by representation ; and there, but the power that proceeds therefore I apprehend, it was some- from that seat when parliament is thing more than a more figure of entire, was not to be found; it was speech to say that the throne which wanting for every constitutional pur. holds that estate when all three are pose; and the business of parliaduly assembled in parliament, was ment could not eren be begun. This at that time empty. In the lex Par. I think a man may venture to proliuinentaria, p. 52, we read these nounce vacuity, or emptiness! words :-"'It appears by precedents, Permit me to remark, Mr. Editor, " that whenever a parliament was that you have quite mistaken my " sitting in the king's absence, there meaningin saying that I have " con* was always a custos' regni or a lo troverted a position laid down by * cum tenens regis' appointed."-So you, that, in the present instance of that it appears from hence that the a suspension of the royal functions, throne or king's seat of office in par- and for which there is no provision liament was never to be empty; the made by the constitution, it is the reason is obvious; if the king was right and the duty of the represennot there, either in person or by re- tatives of the people to provide the presentation, then was there but two means of supplying the defect." p. estates there, and consequently no xciii. No Sir, it was never my inparliament at all; for the three es- tention to controvert these sentiments tates, are but so many parts of one nor do I apprehend that I have done and the same body, as we may learn it; on the contrary I fully agree from the same book already quoted, with you that it, “ was the duty of p. 57, where it says;-" The three the peoples representatives lawfully

VOL. IX.

assembled and fully and freely re- them, and proposed some dodging presenting all the estates of the people law trick, some counterfeit repreof this realın, to provide the means sentation of the absent King James, for supplying the defect of the royal in the person of John Due or Richard authority."-] will add, due regard Roe, in order to make William and being had to the family compact en Mary King and Queen by a spurious tered into with the house of Bruns- act of parliament, would he have trick, and the personal rights of giyen them so good a title as that the prince, as heir to the crown. So they acqnired from the act of sove. that you see my position agrees with reignty of the people, announced by yours, but we differ somewhat, it a full and free representation of the shuuld seem, in our ideas respecting nation in convention? If it is agreed the most proper mode of carrying that the act of convention in 1688, this principle into practice : you was a more authentic, more legiti think it should be done by an act of mate, and valid act.than such a legislation, I conceive it would have surreptitious soi disant act of parliabeen more properly done by an act ment, then do I say, that the vote of convention; by such an expression of the two houses calling on the of the popular will as that by which prince to act as regent would have the crown was placed on the heads been a far more constituțional way of King William and Queen Mary: of supplying the defect in the royal this was not done by a parliament, authority, than that which was abut by a convention, or national dopted; and which bore indeed only assembly; and never was there, in the semblance of an açt of the legismodern times, an assembly that lature; for we are told (Inst. Leg, p. came nearer your description of fully 34,) ihaty.“ an act of the legislature and freely representing all the estates must be a tripartite, indenture , beof the people, than this did. The tween King, Lords, and Commons.” monarchical estate was not there, That is, it must be, a real bona fide neither was it requisite that it should indenture, pot a fictitious or fraudube there, for the proceeding was lent one. Thus Nemotecnia, a very grounded on the sovereignty of the old book, says, 1. 2. c. 1. L’As. people; and it was deemed quite semblie de trays estates, çest a scasufficient authority for that great oc- voir, Roy, Nobility, et Commons, casion, consequenily it would have qui font le corps del realm est appel been competent to the present. The un parliament, and lour decree un affairs of the nation at the revolution actde parliament, car sans touts, troys wrse conducted by men, of great n'est ascun act de parliament.”. And minds who scorned trick or fraud or yet Lord Grenville, as it should seem, fiction, they asserted the true prin- denies that the King is one of the ciples of our free government as ema estates in parliament. I will add to Dating from the popular will; and this ancient, a more niodern authotherefore they held the vote of a na- rity. “ When we hear of three estirinal convention to be a more con- tates in the constitution of the Engstitutional disposal of the crown than Jish government, 'tis most natural a fictitious act of parliament. They to mean and intend such a poise in were not afraid to meet the occasion the balance, such an order or state fairly; they did not duck and dive as haib a negative voice in the legis, to ovade a recognition of the popular Jative power; for neither the King will, as the fountain head of all au: and Commons, excluding the Lords, thority in the manner our modern nor the King and Lords, excluding statesmen have done. Ilad such a the Commons ; much less the Lords man as Pitt or Perceval been amongst and Commons, excluding the King,

can make any law, but the three must hility, the clergy, and the Commons mutually join ; when, from their represented in parliament, were the united influence spring those laws three estates of the realm, and the that are obligatory on the subject, subjects of the sovereign head the In this sense the lords spiritual by King."--Head!-head of what? this themselves, have no pretence to bę is rather an unfortunate word, this a distinct estate; that is they have head, we plainly see what his lordnot by themselve's a négative voice, ship is driving at ;--he is a great which is, as I conceive, it is Mr, statesman, in the opinion of the Care that speaks) the proper charac- Morning Chronicle at least! He teristic or essential mark of each of wants to have a parliament without the three estates; for, suppose a bill a king, and an operative parliament pass the Commons, and being brought too; one that can make laws and into the house of Lords, and the 26 bind the prince, &c. and yet be the bishops should be agairist it, and subjects of the sovereign, and con. some of the temporal lords, yet if sequently obedient, and loyal, and the other temporal lords are more in so forth ; but then come the word number than the bishops, and those head which spoils all, for what does that are with them, the bill shall that mean but caput parliumenti, and pass as the act of the whole house; is not the head a part of the body? and if his Majesty please to give it 'The parliament without a king has his royal assent, it is undoubtedly been called, and very properly, a law. This sufficiently shews that headless trunk, but what pray would the bishops of themselves bave not the king be were he turned out of as a distinct estate a negative voice, parliament, agreeably to the sage and consequently are not of thein- politics of Lord Grenville? Does not selves of the estates of the realm.” a trunkless head make as wretched British Liberties, p. 148. - a figure as a headless trunk! There

You informous Mr. Editor, p. was a time when such an exhibition lxxxvii.“'That Lord Grenville begged was witnessed in this country, about leave to correct an error into which a century and a halt ago : we had his noble friend, Earl Spencer had, then a parliament without a head, he was sure, inadvertently fallen, in and unfortunately a monarch likecalling the sovereign power of this wise under a similar predicament. country the third estate of the realm.” One would think that his lordship (Lord G. I suppose meant the sove- would be more tender than in alreign himself, and not the soverrign Juding to such doctries as these ; power which our writers in general but he thinks he has a plaister for call the legislative power.)“ He the sore, by making his headless para (Lord G.) had heard this expression liament the subject of the monarch; with the more concern, for it was yet I think he would do better to an error too prevalent, and which in leave the body politic entire with its his opinion had a tendency to miste- head on, and if he needs must be guilpresent and degrade the monarchy" lotining, try to chop off the head of -Indeed! I should think the mo- that monster, commonly called face narch very much injured and de- tion. In my opinion you guessed graded too by being left out of this shrewdly Mr. Editor, when you suptripartite division,--degraded truly! posed his lordship's Oxonian friends by exercising as much power in the had put this new state crotchet into legislature as the whole collective his head; though it is not quite new body of Lords, and that of the Com- neither, for the clergy have often mons each separately possess: but attempted to erect themselves into now for the creain of it --> “ The no- a separate 'estate, but they could

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never bring the point to bear. On barterers of our constitutional rights. the 21st July, 1683, the univer- “ You have (says the judge) thought sity of Oxford made a famous de- “ fit to charge his lordship with act, claration in full convention, in which "ing in his high capacity from moamong other things it was declared,“ tives of personal ill will towards a that it was a pernicious and damna- “ private individual ; and with havble doctrine to say, that the sove “ing made use of his authority and reignty of England is vested in three "influchce, as secretary of state, to estates of King, Lords and Com- " harrass and oppress such indivimons." Another circumstance I beg “dual, in a way, which, if true, to call to your recollection, the pro- " would not only render him unfit to test of the bisbops in 1681. We are "fill that high station in which he told by Lord Clarendon, Vol. I. p. “had been placed, but would prove 354. that in consequence of this “one of the most base of individuals." protest,' “ the Coinmons impeached (Pol. Rev. Vol. VIII. p. 400.) the bishops of high treason, in regard Such punishments may no doubt that they claimed to be a distinct deter the populace from calling these estate, having a voice upon the mat. honourable subverters of our repreter as negative as the king's, which sentative rights, the most base of inferred a fourth estate, or negative individuals ;” but they will hardly in parliament; and therefore the convince the people that they enjoy Commons urged that this proceeding all the birthrighit blessings of the conof the bishops tended to subvert the stitution ;-They will hardly coul: constitution, and to change the fun. vince the people that as our ances. damental form of the government." tors held it bigh treason to subvert

This in my humble opinion is no that constitution, it can be a crime bad hint for his lordship; and in- in us, their descendants to restore it deed, for our statesmen in general, to its genuine purity, by the means who are daily racking and torturing of a parliamentary reforin. onstitution, to make it assume

I am, Sir, &c., such a shape and form as suits their

TIMOTHY TRUEMAN. purposes. To subvert the constitu Detonshire, March 10. . tion is high treason; that is evident; and yet we hear of some of these PS. In the time of Elizabeth it great statesmen who would throw appears that there was an affectation the monarch overboard; of others to consider parliament as comprising who would substitute his great seal the three estates without the moin the place of himself; and of others narch; all the kingdoms on the conagain who barter away the represen- tinent bad formerly an assembly of tative rights of the people, and are estates comprising the three orders excused from the very notoriety of of clergy, nobility, and commons, or the traffic! Notwithstanding all this, the tiers etat, and Queen Elizabeth it is a fact, that to subvert the con- affected to consider her parliament stitution is high treason; but our in that light; they even addressed statesmen are not such subverters ; her,-- IVe your most loving and faiththey are all wise and virtuous men. ful subjects representing the three esYou have Sir, told us what was said tates of your realm of England. But to a poor unfortunate individual who we cannot call this the language of dared to question this :-it was said the constitution; for a regard 10 to him, at the time that he was con- which her reign is by no means resigned to a house of correction for markable. When the lords and twelve months, in order to vindicate commons sat together, and voted the charac!er of one of these virtuous together, parliament then was hard

to consist of six estates, or more their benefices really are. It was properly speaking, șix ranks or de- the separation of the houses ihat na. grees, thus enumerated, Ler Parl. turally produced the division into p. 59. Rex est caput principiun et three estates, the king representing finis parliamenti, et ita non habet pa- the monarchical part of the constiturem in suo gradu, et sic a rege solo tion, the Lords representing baronies primus gradus est. Secundus gradus in lay and spiritual bands, the Coma est ex archiepiscopis, episcopis, abbas mons representing the freeholders tibus, prioribus, per haroniarn. Ter- and free burghers, tius gradus est de procuratoribus cleri, Quartus gradus est de comitibus baro. nibus et aliis magnatibus. Quintus

REMARKS ON A PASSAGE IN gradus est de militibus comitatuum. . MISS PLUMPTRE'S NARSextus gradus est de civibus et bur.

RATIVE &c. gensibus-et ita est parlamentum ex ser gradibus. The king is the head, SIR, commencement, and conclusion of Chance has lately put into my parliament, and therefore without hands a work entitled : “ A Narraequal in his rank; he is the first de- tive of a three years' residence in gree. The second rank or degree Frunce," by a certain Anne PLUMPconsists of the archbisliops, bishops, Tre, who pretends to know every abbots, and priors, who hold by ba. thing from the best authority, and rony. The third rank consists of who professes herself an enthusiastic the proctors or representatives of the admirer of liberty, and consequently clergy. The fourth rank is the of its destroyer, Buonaparte, counts, barons, and other magnats, Although I intend to bestow some or great men. The fifth is coniposed comments and strictures upon the of the knights. And the sixth of the whole performance of this Miss Anne citizens and burgesses.--And thus Plumptre, yet an event she relates parliament consists of six estates or in explanation of an equivocal statedegrees. This was the state of par- ment of Mr. Burdon, affords such a liament from before the conquest (as specimen of the accuracy of her own it is called) says Minshiew, till the narrative, that I beg to recommend separation into two houses. So far it to your Political Review, without from the clergy forming a distinct delay. estate, it appears that as clergy they In page 363, volume the 3d, she are not recognised at all by the con- quotes from Mr. Burdon the followstitution, that they are received in par- ing passage. liament in a lay light only, per baro ." The younger Polignac, who niunr et liberum tenementum, with a “ with his brother was arrested, as view to their temporal interests in con- “ being concerned in the plot of sequence of the baronies and freeholds “ Pichegru and Georges for the rein their possession. The procura * establishment of the monarchy, tores cleri or proctors no longer exist, “ having been acquitted while his because the inferior clergy are repre " elder brother was condemned, went sented by the knights of counties, “ to Buonaparte, and requested earand as to the archbishops, bishops, “nestly that his life might be acabbots, &c. we perceive they did « cepted instead of his brother's ; not sit as spiritual lords but per ba. “ urging that the latter had a wife roniam, in consequence of the baro “and family dependent on him, who nies they held; in like manner the “ would now be thrown helpless interior clergy vote for knights of the “ upon the wide world, whereas he shire as holders of freeholds which

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