who were the advancers and promoters of the CHAP. measure. XXIII. ~ Erroneous of the parleaders. principle liamentary interference with measures depen ding in Though the exertions of the leading party in the parliament were engaged in this instance in the noblest of causes, freedom of thinking and of conscience, we cannot but observe that there was something irregular and crude in the form of their proceeding. They professed to hold, that it was in some sort a breach of privilege for any man or body of men, not a part of the parliament, to take notice of measures depending in parliament. They appear to have borrowed this idea, from a Improprirule which they very properly inforced as towards ety of royal the sovereign, that it was improper and unconstitutional (I mean not consistent with the principles of a free constitution in government), that he should act as acquainted with proceedings depending in parliament, till they were communicated to him by one or both of the houses of parlia⚫ ment. But the cases are by no means parallel. All established government, containing in it a first magistrate who holds his office for life, may be said to have a tendency towards absolute monarchy. The king is one, public transactions are for the most carried on in his name, and he is the visible head of the nation. Honours flow from him rewards and temptations are in his distribution. In every limited monarchy therefore, a t Journals of Commons, Nov. 19. of Lords, Nov. 20. parliament. CHAP. jealously of his ascendancy, and of the encroachXXIII. ments of prerogative, is wholsome. The king Propriety of the peaceable of public individuals. must not shew himself acquainted with any thing depending in parliament, or appear to take a part for or against any measure in deliberation; because it is in his power to seduce the members of the legislature from their duty, and to overawe their deliberations. When a measure is matured, it is presented to him for his approbation; but, till then, he must have no expressed opinion respecting it. He must not notice the discussions in which the legislature is engaged. But the case of the people is widely different. Government is instituted for their benefit; and, particularly in the case of a representative body bodies and of legislators, the representatives are merely their factors. It is absurd to suppose, that the principal is in no case to interfere with the exercise of the functions he has delegated. We are at this day more familiar with the principles of a representative government, than our ancestors were in the days of the commonwealth. We are well aware that there is no time so proper for the people to interpose in an affair of public regulation, as when the question is under the discussion of their representatives. To petition that a law may not be established, is a milder expression of the sentiments of the people, than to petition that it may be repealed. It is salutary that there should be much communication between a house XXIII. of commons and its constituents. The elected CHAP. are the heart, the electors are the body politic; and the circulation between the one and the other should be as free as air. The people have a right to communicate their opinions and their judgments to their representatives: it is desirable that the governors should be well informed of the feelings and predilections of those they are to govern. rect ideas this subject. For the correct notions that are now entertained More coron this subject, we are inexpressibly indebted to now enterthe publicity which is given to all considerable tained on transactions through the medium of the daily press. Till within our own memory, it was treated as a breach of the privilege of parliament to promulgate any thing which passed in the course of its debates. The English house of commons resembled in this respect a Venetian senate. It is obvious that, in the first accidental and fitful communication of these things, great misrepresentations must have arisen. These misrepresentations were strongly remarked; and an inference was made of the necessity of absolute secrecy as to legislative deliberations. In the beginning of the reign of George the Third, the record of the debates of a whole session is contained in a few pages. But, as soon as the right or expediency of publishing these debates was fully recognised, the industry of those who expected to gain by the publication СНАР. Liberal construc due to the men of for was strongly excited, and great and incredible improvements were rapidly made. The reports of parliamentary debates are now sufficiently accurate for all active and practical purposes. The same publicity has pervaded our courts of law, and all judicial proceedings. Government, in many of its branches, is no longer a mystery: the curious and reflecting part of the public is copiously informed of what is going on; and by consequence the people are called on to make, and actually make, an integral member of the government. They are aware of what passes; they are accustomed to canvas political subjects; and they are therefore adequately prepared to give an opinion upon such measures as are in progress. A sober and well considered remonstrance of the impression they entertain of measures which are contemplated by the legislature, is a thing that should be cultivated and improved. To us in the present state of political knowtion that is ledge, it seems to be a barbarous rule, that no man or body of men, not being a part of the mer times. parliament, should be allowed to take notice of measures depending in parliament. But we should be upon our guard against judging men of other times, by notions which have since been gradually ripened into maxims. The characters of men, and the judgments they make respecting questions of right and wrong, depend upon the XXIII. of the men tant branch cal know circumstances in which they are placed; and we CHAP. must not condemn them for acts inseparably connected with those circumstances. The men who Superiority took the lead in the proceedings of the Long of Charles's Parliament were men of profound judgment, of selves, in the extensive information, of large and comprehen- most imporsive modes of thinking, and many of them inspired es of politiwith the most fervent and genuine love of liberty. ledge. It is far from following, because we perhaps in one point are more enlightened than they were, that we are better qualified than they were for politicians and statesmen. It is probable that, considering politics as a science, they were much beyond almost any body of men of the present age, in the knowledge of what will conduce to the happiness of men in a community, and advance them most in intellectual improvement, magnanimity, and virtue. sume their seats in parliament. One circumstance that deserves to be men- Fiennes and tioned as indicative of the spirit of the ruling Marten reparty in the house of commons towards the close of the year 1645, is the restoration of Nathaniel Fiennes and Henry Marten, two considerable leaders of the independents, to their seats in parliament. The former of these had retired to the continent, in consequence of the unfavourable issue of the court-martial by which he had been tried for the surrender of Bristol in 1643. His name first occurs as having resumed his seat in |