ysteries in the English constitution; and in some respects,
notwithstanding the accurate genius of that government, these privileges
are at present as undetermined as were formerly the prerogatives of
the crown. Such privileges as are founded on long precedent cannot be
controverted: but though it were certain, that former kings had not in
any instance taken notice of bills lying before the houses, (which yet
appears to have been very common,) it follows not, merely from their
never exerting such a power, that they had renounced it, or never were
possessed of it. Such privileges also as are essential to all free
assemblies which deliberate, they may be allowed to assume, whatever
precedents may prevail: but though the king's interposition, by an offer
or advice, does in some degree overawe or restrain liberty; it may
be doubted whether it imposes such evident violence as to entitle the
parliament, without any other authority or concession, to claim the
privilege of excluding it. But this was the favorable time for
extending privileges; and had none more exorbitant or unreasonable been
challenged, few bad consequences had followed. The establishment of this
rule, it is certain, contributes to the order and regularity, as well as
freedom, of parliamentary proceedings.
The interposition of peers in the election of commoners was likewise
about this time declared a breach of privilege, and continues ever
since to be condemned by votes of the commons, and universally practised
throughout the nation.
Every measure pursued by the commons, and, still more, every attempt
made by their partisans, were full of the most inveterate hatred against
the hierarchy, and showed a determined resolution of subverting the
whole ecclesiastical establishment. Besides numberless vexations and
persecutions which the clergy underwent from the arbitrary power of the
lower house, the peers, while the king was in Scotland, having passed an
order for the observance of the laws with regard to public worship, the
commons assumed such authority, that, by a vote alone of their house,
they suspended those laws, though enacted by the whole legislature: and
they particularly forbade bowing at the name of Jesus; a practice
which gave them the highest scandal, and which was one of their capital
objections against the established religion.[*] They complained of the
king's filling five vacant sees, and considered it as an insult upon
them, that he should comp
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