he House of Commons could have
prevailed. But the bill for that purpose passed but by a majority of one
in the Lords; and it was entirely lost by a prorogation, which is the
act of the crown. Small, indeed, was the security which the corporation
of London enjoyed before the act of William and Mary, and which all the
other corporations, secured by no statute, enjoy at this hour, if strict
law was employed against them. The use of strict law has always been
rendered very delicate by the same means by which the almost unmeasured
legal powers residing (and in many instances dangerously residing) in
the crown are kept within due bounds: I mean, that strong superintending
power in the House of Commons which inconsiderate people have been
prevailed on to condemn as trenching on prerogative. Strict law is by no
means such a friend to the rights of the subject as they have been
taught to believe. They who have been most conversant in this kind of
learning will be most sensible of the danger of submitting corporate
rights of high political importance to these subordinate tribunals. The
general heads of law on that subject are vulgar and trivial. On them
there is not much question. But it is far from easy to determine what
special acts, or what special neglect of action, shall subject
corporations to a forfeiture. There is so much laxity in this doctrine,
that great room is left for favor or prejudice, which might give to the
crown an entire dominion over those corporations. On the other hand, it
is undoubtedly true that every subordinate corporate right ought to be
subject to control, to superior direction, and even to forfeiture upon
just cause. In this reason and law agree. In every judgment given on a
corporate right of great political importance, the policy and prudence
make no small part of the question. To these considerations a court of
law is not competent; and, indeed, an attempt at the least intermixture
of such ideas with the matter of law could have no other effect than
wholly to corrupt the judicial character of the court in which such a
cause should come to be tried. It is besides to be remarked, that, if,
in virtue of a legal process, a forfeiture should be adjudged, the court
of law has no power to modify or mitigate. The whole franchise is
annihilated, and the corporate property goes into the hands of the
crown. They who hold the new doctrines concerning the power of the House
of Commons ought well to consider in s