fequence of what they were doing. Their motives were rather despicable than criminal in the extreme. One effect they certainly did not foresee. They are now reduced to fuch a fituation, that if a member of the present houfe of commons, were to conduct himself ever so improperly, and in reality deserved to be fent back to his conftituents with a mark of difgrace, they would not dare to expel him; because they know that the people, in order to try again the great queftion of right, or to thwart an odious house of commons, would probably overlook his immediate unworthiness, and return the fame perfon to parliament. But in time, the precedent will gain ftrength. A future houfe of commons will have no fuch apprehenfions, confequently will not fcruple to follow a precedent, which they did not eftablish. The mifer himself feldom lives to enjoy the fruit of his extortion; but his heir fucceeds him of course, and takes poffeffion without cenfure. No man expects him to make reftitution, and no matter for his title, he lives quietly upon the eftate.

PHILO JUNIUS.

LETTER XI.:

TO THE PRINTER OF THE PUBLIC ADVER

TISER.

SIR,

25 May, 1771.

I CONFESS my partiality to Junius, and feel a

confiderable pleasure in being able to communicate any thing to the public in fupport of his opinions. The doctrine laid down in his last letter concerning the power of the houfe of commons to commit for contempt, is not fo new as it appeared to many people, who, dazzled with the name of privilege, had never fuffered themselves to examine the question fairly. In the course of my reading this morning, I met with the following paffage in the journals of the house of commons. (Vol. 1. page 603.) Upon occafion of a jurifdiction unlawfully affumed by the houfe in the year 1621, Mr. Attorney-General Neye gave his opinion as follows. "No doubt but, in fome cafes, this "house may give judgment;-in matters of re"turns, and concerning members of our house,

or falling out in our view in parliament; but, "for foreign matters, knoweth not how we can "judge it. Knoweth not that we have been used

"to give judgment in any cafe, but those before" mentioned."

Sir Edward Coke, upon the fame fubject, fays, (page 104) "No queftion but this is a house of "record, and that it hath power of judicature "in fome cafes ;-have power to judge of returns "and members of our houfe; one, no member, "offending out of the parliament, when he came “hitber and justified it, was cenfured for it.”

Now, Sir, if you will compare the opinion of these great fages of the law with Junius's doctrine, you will find they tally exactly.-He allows the power of the house to commit their own members; (which however they may grossly abuse.) He allows their power in cafes where they are acting as a court of judicature, viz. elections, returns, &c.-and he allows it in fuch contempts as immediately interrupt their proceedings, or, as Mr. Noye expreffes it, falling out in their view in parliament.

They, who would carry the privileges of parliament farther than Junius, either do not mean well to the public, or know not what they are doing. The government of England is a government of law. We betray ourselves, we contradict the fpirit of our laws, and we shake the whole fystem of English jurisprudence, whenever we intruft

intruft a difcretionary power over the life, liberty, or fortune of the fubject, to any man, or fet of men whatsoever, upon a prefumption that it will not be abused.

PHILO JUNIUS.

LET

LETTER

XII.

TO THE PRINTER OF THE PUBLIC AD

VERTISER.

S.IR,

28 May, 1771..

ANY man, who takes the trouble of perusing

the journals of the houfe of commons, will foon be convinced, that very little, if any regard at all, ought to be paid to the refolutions of one branch of the legislature, declaratory of the law of the land, or even of what they call the law. of parliament. It will appear that these refolutions have no one of the properties, by which, in this country, particularly, law is diftinguished from mere will and pleasure; but that, on the con- .. trary, they bear every mark of power arbitrarily affumed and capriciously applied :-That they are ufually made in times of conteft, and to ferve fome unworthy purpose of paffion or party; that the law is feldom declared until after the fact, by which it is fuppofed to be violated ;—that legiflation and jurifdiction are united in the fame perfons, and exercifed at the fame moment; and that a court, from which there is no appeal, affumes an original jurisdiction in a criminal cafe ;

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