court of parliament, fubordinate chancellors and minifters to affift him, and who are refponfible for their advice and conduct; by the king's nomination, without either patent or grant thefe are made, and immediately become privy councellors on taking the neceffary oaths; they continue during the life of the king that chooses them, but fubject at his difcretion to be removed. In Ireland the king alfo nominates the privy council to affift with their advice the lord lieutenant, but they do not continue during the king's life, but when removed, others are appointéd. On particular cafes as famine, &c. proclamations have been iffued for temporary purposes, as laying embargoes on the exportation of corn, or beef, by the privy council, when the parliament hath not been fitting, but when they did fit these were revoked, and laws made for thofe purposes.

The legislature of England being in many refpects not fo generally understood as the nature of the fubject demands, especially refpecting the paffing of bills; it may not be improper to ftate the following particulars relative thereto. The legifl ture of England confifts of three diftinct parts, viz. the king, lords, and commons, in process of time each of them grew up to have diftinct privileges, as to the beginning particular bufineffes. Thus all acts of general grace and pardon, take its rife from the king; acts relauve to the lords and matters

of

of dignity in that houfe, and the granting of money in the commons. Previous to the year 1300, the citizens and burgeffes were no part of the body politic and were not reprefented in parliament; but about this year their wealth and confequence increafing, they were admitted to this privilege, that they might in conjunction with the knights of fhires, be a check on the power of the lords; and about this time allo the fame privilege was allowed to this clafs of people in the other nations of Europe. This right was confirmed, and the house of commons in its prefent condition, formed by the ftatute of the thirty-fourth of Edward I. Nullum tallagium vel auxilium, per nos vel hæredes noftros, in regno noftro ponatur, feu levetur, fine voluntate & affenfu archiepifcoporum, epifcoporum, comitum, baronum, militum, burgenfium & aliorum liberorum communium de regno noftro; where we fee, not only the burgeffes, but free yeomen had alfo reprefentatives, by their voting along with the knights of the fhires, according to the maxim of that illuftrious prince, Que ad omnes pertinent, ab omnibus debent tractari. Every day, and by infenfible steps, their houfe advanced in reputation, privileges, and power, from the time of Edward I. (whofe profeffion was to be a patron of liberty, and poffeffed great wisdom and forefight) to the reign of Henry VIII. fince which its progrefs has been

very

very great. The encrease of commerce gave the commons ability to purchase; the extravagance of the lords gave them an inclination, and the laws gave them a power to alienate eftates; infomuch that, as the share of property which the commons have is fo disproportionate to that of the king and nobles, and that power is faid to follow property, the opinion of fome is, our government leans too much to the popular fide; while others, tho' they admit it fo in appearance, reflecting what a number of the house of commons are returned by indigent boroughs, who are wholly in the power of a few great men, think the weight of government is rather oligarchical. The lords originally frequently taxed themselves, as did the commons, without any communication with each other; but afterwards when it was judged better to lay on general taxes, that fhould equally affect the whole nation, these generally took their rife in that houfe which represented the bulk of the people; and this by fteadiness and perfeverance, they affert the right peculiar to themselves, not to allow the lords a power to change the least tittle in a money bill. As to laws that relate not to these peculiar privileges, they now take their rife indifferently either in the houfe of lords or commons of England, and when framed into a bill, and approved by both, are prefented to the king for his affent; and has been the practice there for

near

near three hundred years past. But the method of paffing laws was antiently differ ent on the part of the king, for the house which thought of a new law as expedient, drew up a petition to the king, which when both houfes had agreed to, was presented to him, who gave fuch anfwer as he thought proper, either confenting in the whole by faying, Let it be as is defired, or accepting part and refufing or paffing by the reft, or refufing the whole by faying, Let the antient laws be obferved, or in a gentler tone, The king will deliberate; his anfwer being entered on the roll, the judges drew up the act, on considering the petition and answer, which was made public. By the present course, the subjects receive of the king his bare affirmative or negative, and he has waved that privilege, by the difufe of petitions of accepting a part and denying the remainder. It is remarked by lord Coke, that the acts drawn up at this time, were generally exceedingly well penned; short, concife, and ftriking at the root of the grievance intended to be redressed.

In Ireland the form of the legiflature hath been in some respects different from that of England, for near three hundred years paft, which as it is in a particular manner neceffary for the gentlemen who may propose to refide in Ireland to be acquainted with, I shall point out the nature of the conftitution of this kingdom, from the most authentic

infor

information, and the caufes of its deviation from its model. The chief governors of Ireland were, at the first commencement of the English government in that kingdom chofen by the king out of the lords of the Pale, fo called from their refidence in Leinster, the defcendants of the firft fettlers, who came over with Henry II. both as they were acquainted with the intereft of Ireland and concerned in the prefervation of the colony, and having confiderable poffeffions, were enabled to fupport the dignity of their employment, the king's revenues being at that time very low. By the writers of thofe times it is afferted, that these governors were every day lofing ground to the natives, not being able to preferve the footing the English had, notwithstanding they were men of the greateft abilities, and of equal faithfulness to the crown. The power of these lordlieutenan's was fo great, that they gave confent to laws without ever confulting the king of England, a power, perhaps, neceffary at firft, when the country was in a perpetual ftate of war, and its intereft would not admit of delays, but certainly, not fit to be continued, both for the fake of king and people. The English lords who by intermarriages with the Irifh, had acquired great eftates here, became negligent in maintaining the poffeffions of the English.

King Edward III. on finding himself ill ferved by the chief governors, whom he had appoint