motives *, were expofed to open day. We do not recollect having feen the "Letter to Lord Ellenborough," to which the work before us refers; but if the citations here inferted are juft, nothing could be more futile than the arguments contained in it. They appear to us to be fenfibly and ably refuted in this work, which merits the attention of all who may have read the Letter in queftion, and are inclined to give Mr. W.'s objections to the verdicts against him any degree of weight.

LAW.

ART. 28. Argument upon the Jurisdiction of the House of Čommons to commit in Cafes of Breach of Privilege. By Charles Watkin Williams Wynn, Esq. M. P. 8vo. pp. 65. 2s. 6d. Budd.

1810.

After the luminous fpeeches delivered in Parliament upon this great conftitutional queftion, it may appear difficult for any indi vidual to throw new light upon the authority or merits of the cafe. In this, however, Mr. C. Williams Wynn has completely fucceeded; having produced an argument which, we think, no candid mind can poffibly refift. The queftion, as this able writer obferves, "can only be confidered in two lights: what actually is the law upon the fubject, and what ought to be, according to the general principles of our conftitution." In both thefe points of view, Mr. W. W. fully confirms the right of the House of Commons to commit to prifon for breaches of their privileges. He fhows, againft the vague affertion of Sir Francis Burdett, that in matters which concern the unwritten or common law of the land, (of which the law of Parliament is a part) precedent of the proceedings of the fame court is the complete and only evidence of what the law is; and that the inftances in which the House of Commons has directed the commitment, imprisonment, or cuftody of delinquents, beginning only from the year 1547, to the prefent time, amount to little less than a thousand.

From this vaft mafs of evidence, Mr. W. W. felects a few of the cafes moft in point, and illuftrates them with appofite and important remarks; and he accounts for the want even of more inftances, with refpect to printed libels, by the obfervation, that for

• We were much amused by the defence of thefe practices faid to have been made by a noted city demagogue, namely, that " it was perfectly innocent, nay, praifeworthy, to bribe a witness for the good of the country." This reminds us of the celebrated George Faulkener being made (by a humourous writer) to say of himself, "He was fent to Newgate for prevaricating in the cause of liberty;" as if any good caufe could require the fupport of pre: arication or bribery.

a con

a confiderable period, at the beginning of the 17th century, and before that," the order for excluding ftrangers was rigorously enforced, and the votes of the House were not made public, fo that none but Members could remark upon what paffed." The right to commit breakers of privilege appears even to be distinctly recognized by ftatute, 1 Jac. 1. cap. 13. § 3. Some of the cafes here cited are fo clofely and ftrongly in point, that it is impoffible to imagine what can be faid against them; but for these we must refer to the tract itself, which, though powerful, is fhort, and eafily perufed. Mr. W. W. concludes his teftimonies by the concurring opinions of Mr. Fox and Mr. Pitt, one or other of which will probably be venerated by every individual in the kingdom.

In arguing upon the principle itfelf, and against what he calls "the trite argument drawn from the poffibility of abuse," Mr. W. W. is concife, but very strong; and he concludes with thefe obfervations, the reference of which to actual circumstances will readily be obferved..

"The Houfe may, on the other hand, be lowered for a time in public eftimation; perhaps by errors in its own conduct; perhaps by a course of fyftematic libels, vilifying all its proceedings, and mifreprefenting the character and motives of all who take part in its deliberations. To what protection, in this unhappy fituation of public affairs, fhall it look, against premeditated infult, outrage, and even the excefs of perfonal violence, if it have not the means of enforcing its own decifions, and caufing its own authority to be refpected? How fhall it affert the laws, maintain the stability of regular government, and perform functions, which, in periods of public difcontent, can only be expected from a reprefentative and popular affembly? If in fuch times the Houfe of Commons should itfelf be too weak to affert its own independence, what fupport can it hope to receive from the crown, on what affistance can it rely from the inferior tribunals of the country?" P. 63.

The cafe feems now almost too plain to require difcuffion; but the argument of Mr. W. W. will always be referred to as one of the clearest demonstrations of the truth, and will establish his character as a found and conftitutional lawyer, and a highly qualified legiflator.

ART. 29. An Anfwer to the Argument of Sir Francis Burdett, Bart. relative to the Power of the Houfe of Commons to commit Perfons not Members. By Andrew Fleckie, Efq. 8vo. 30 PP. 25. Chapple. 1810.

As the question difcuffed by this Writer muft foon be settled (we truft finally) by the judicial authorities of the kingdom, it would be fuperfluous to enter at large into the arguments produced. Not anticipating indeed the events which have fince ocM m

BRIT. CRIT. VOL. XXXV. MAY, 1810.

curred,

curred, we paid, at the time, little attention to that declamatory and infolent letter of Sir Francis Burdett, which is answered inf the work before us. To the common place argument from Magna Charta, this writer replies that Magna Charta, however im portant at the time, has been fince, in many inftances, fet afide by fubfequent alterations and improvements in the laws and cuftoms of the realm. The truth, however, is, that this revered, though now almoft obfolete ftatute, applies not in the leaft to the prefent queftion; fince the celebrated claufe of Nullus liber komo capiatur, &c. exprefsly admits the two exceptions of the judgment of Peers, and the law of the land; and this latter defcription has always been held to comprehend the law of Parliament. On this point the legal and judicial authorities are fo decifive from early ages to the decifion on the commitment of Crosby and Oliver, as, one fhould have thought, to preclude all doubt or controverfy. The real queftion is, whether the Houfe of Commons have, in the commitment of Gale Jones, tranfgreffed the Law of Parliament, which undoubtedly forms part of the Law of the Land.

To prove that the Commons have not exceeded their legal powers, the Author cites a very ftriking paffage from Sir Edward Coke's fourth Inftitute, laying down exprefsly that "the Commons, in their house, have power of judicature;" and feveral inftances are given in which Perfons, not Members of the House, have been fineď and imprifoned by virtue of this power; which, indeed, in cafea of Contempt, is incident to every Court of Juftice. The Author proceeds to fhow that the opinion of Lord Chief Justice Holt in the Aylesbury Cafe does not apply to that of John Gale Jones.

Several other inftances of commitments by the House of Commons, not cited by Lord Coke, are detailed by the Author, and as all thefe are antecedent to the time of the Long Parliament, they completely negative the affertion fo unblufhingly made by Sir Francis Burdett, that the Houfe never prefumed to "overleap the Conftitution," (as he terms it) till that period.

Having fhown the early existence and conftant affertion of this right, the Author proceeds to demonftrate its expediency, and to fhow that no parliamentary enquiry could otherwife be effectually purfued.

The above is the outline of an able, and, in our opinion, a juft argument in behalf of the Commons of England, against the turbulent democratic faction of the prefent day, though not equal to that of Mr. W. Wynn, above-noticed. The Author, having once shown that the claim of the Commons did not originate with the Long Parliament, might, we think, have further ftrengthened his argument by the uniform and (generally (peaking) unqueftioned practice of the Houfe of Commons, fubfequent to the Revolution, when the Conftitution was finally fettled, and fince which period it has been beft understood. We are old enough to recollect the clamour raised on this very subject by the

patizans

partizans of Wilkes; who (though himself an impoftor, as he afterwards humoroufly avowed) had many enthufiafts in his train. On that occafion the right of the Commons was acknowledged, if we mistake not, by all the Courts in Westminster Hall. We doubt not the prefent conteft will have a fimilar conclufion, and that the flame which has been lighted by artifice and kept alive by ignorance and paffion, will gradually and completely die

away.

DIVINITY.

ART. 30. Loyal Effufions; a Sermon preached in the Parish Church of Chefbunt, in the County of Herts, by the Rev. W. A. Armfrong, A. B. F. S. A. Curate, October 25, 1879, the 50th Anniversary of the Acceffion of our good King to the Throne of thefe Realms. 8vo. Hatchard. 1809.

The text of this fenfible and well-adapted difcourfe is 1 Sam. c. x. v. 24. “And all the people shouted and said, God fave the King.' In contradiction to the flippant language of the dema. gogues of the day, this preacher, from an impartial furvey of the other kingdoms of modern Europe, contends, and we think with much force of argument, that the reign of our excellent Sovereign cannot, in juftice, be confidered as relatively unprofperous. The fermon concludes with an animated addrefs to the Giver of all good things, imploring his continuance of that life fo effentially im portant to our country.

ART. 31. A Sermon upon Deuteronomy xii. 9." Ye are not yet come to the Reft and to the Inheritance which the Lord your God giveth you."-Preached in the old Parish Church of St. John's, Halifax, Yorkshire, on Sunday, November 13, 1808. By the Rev. G. Nicholson, late Curate to the Rev. Dr. Coulthurft, Vicar of Halifax, but now Curate of the Parish of Taxall, Chefpire; and Author of Evangelical Difcourfes, Effays on Theological Sub jects, Letters to Dr. Priestley, Difcourfe on Luke xxiv. 32, Ana fwer to Stone's remarkable Vifitation Sermon at Danbury, Dic tionary to the Word of God, Addrefs to the Inhabitants of Hull, Vindication of Scripture against Deifm, new Improvements in Gre tian Education, &c. &c. &c. 8vo. Pp. 16. Wardle.

Manchester. 1810.

We do not wonder that the vicar of Halifax, having heard, did repeatedly applaud this fermon, which abounds with pious inftruction, conveyed in a very impreffive manner. A few lines, from the conclufion, may recommend it to our readers :-" The doctrine of the text meets us on every occafion, and in every stateYe are not as yet come to the reft and to the inheritance which the Lord your God giveth you.' Let us therefore, in our feveral Mm a

and

;

and refpective capacities and fituations, make a good use of it; se that we may form a proper eftimation of all things here below admire the glory, grace, and wifdom of the Lord; live up to the dignity of our immortal fouls, and to the glory of his holy name.. Let us be continually fecking after folid, permanent, and heavenly peace, fo that it may not forfake us at the hour of death, but follow us into the eternal world. Let us be patient, contented, and refigned, under every difpenfation of Providence; seek the happiness of others, and lay up a good foundation for the time to come, for our own in the heavens: for be affured, that heaven muft even here be formed within us, in a certain measure and degree. We must receive heavenly qualities, difpofitions, and ac. complishments from the Lord; that, when our Chriftian education is finifhed, we may fhine forth, in our refpective departments and fanctions, amongst the fociety of angels."

ART. 32. Theological Philofophy, or Man the peculiar Object of Divine Care. A Sermon preached at Hall, Yorkshire, November 19, 1797, on Joel i. 12.-" All the Trees of the Field are withered, becaufe Joy is withered away from the Sons of Men,” By the Rev. G. Nicholfon. Printed at the particular Request of the Rev. John Mop, Vicar of Langtoft and Bafton, Lincolnshire. 8vo. pp. 19. Wilfon, Macclesfield. 1810.

The fame pious temper pervades this as the foregoing fermon, but it is joined with fome indications of a too lively fancy. We have reafon to refpect highly the author's friend, who requested the printing of it, but we cannot fuppofe that he preferred it to that above noticed. We fhould have reverfed the first words ia the title-page, and have written Philofophical Theology.

ART. 33. ASermon, preached on the Day of the General Faft, Feb. 17, 1808. By the Rev. John Still, LL.B. Rector of Font-bill, Gifford, and Chicklade, Wilts. 8vo. 22 PP. IS. Bath, Cruttwell; London, Wilkie and Co. 1808.

Though accident has deferred our notice of this fenfible dif courfe, it has not in the mean time become either unfeasonable or unedifying. It is still true that human mifery has increafed in other places, while we are marvellously protected by the mercy of Providence.

"We appear before God," fays the preacher," not only as a finful but a favoured people. No bounds, therefore, fhould be prefcribed, either to our humility or to our gratitude. Without thefe, all other oblations were vain: they are the teft of our fincerity. But if we rife from our devotions with a consciousness of integrity towards Heaven, we fhall again return to our con flicts in the world with invigorated hope, and with renewed con fidence in the God of our Salvation." P. 7.

Speaking