"hat, and, standing uncovered, acquainted the commons with "the occafion of the lords having defired the conference, in "words of his own, as an introduction to the matter of con"ference; then fat down, put on his hat, and fitting covered, "read a refolution of the lords; after which, he stood up, "pulled off his hat, and, ftanding uncovered, delivered the "refolution on paper to the manager for the commons, who "was to receive the fame; after which, the lords rifing, un"covered their heads to the commons, and, when they had

left the place of conference, the commons departed to their "own houfe." The commons are never covered, nor do they ever fit at a conference with the lords.

Before the managers go to any but a free conference, it is ufual for the houfe defiring it, to appoint a committee to draw up reafons in fupport of the measure adopted. The managers, therefore, having no other authority, than to read and deliver in fuch reafons, it is irregular for any member to fpeak, or fuggeft any thing, unlefs by way of introduction to the delivery of the reafons. It is as irregular for any of the managers on the other fide to introduce any matter at the conference, either from themfelves, or from the houfe which appointed them. If the reafons alleged on both fides fail, a "Free" conference,. which admits a more liberal difcuffion, and gives opportunity for the managers, Individually, and not restrained by any precife form of argument, to urge fuch reafons as will beft fupport the cause in which they are engaged..

OFFICERS. The principal officers of the houfe of lords are: the Speaker, who is generally the lord high chancellor; but when the great feal is in commiffion, fome nobleman, eminent for wifdom and experience, is appointed. The duties of speaker in the house of lords are analogous to those of the fame officer in the house of commons, where they will be more expressly defcribed.

The Chairman of the Committees, who is a peer verfed in the law of the land, and in the forms of the houfe, capable of difcerning where any claufes, in private bills efpecially, are renant to established principles of jurifprudence, and calculate to promote the intereft of individuals by introducing confusion and uncertainty in the general administration of justice, and the received conftruction of the public law, whether statute

or common.

The Clerk of the Parliament, whofe falary is 3300l. and under whom are a Clerk Affiftant, a Reading Clerk, who is also Clerk to the Private Committees, a Clerk of the fourls, copying and other clerks.

"

The Gentleman Uber of the Black Rod, who is properly an

officer

officer belonging to the order of the garter, and chief gentleman ufher to the king. He is called in the Black Book, Lator virga nigra, and hoftiarius, and elsewhere, virga bajulus. This officer was anciently constituted by letters patent under the great feal. In a chapter, held at Whitehall, 13 Charles II., it was ordained that the office fhould be fixed to one of the gentleman ufhers, daily waiters at court, the eldest of whom always holds the place. His duty is to carry the rod before the king, at Windfor Castle, on the feast of St. George; he has alfo the keeping of the Chapter-houfe door, when a chapter of the garter is fitting, and during the feffion of parliament attends the houfe of peers. He has à like habit with the register of the order, and garter king at arms, which he wears at the feast of St. George, and all chapters, and on certain occafions in the houfe of lords. He bears a black rod, on the top of which fits a lion gold; which rod is instead of a mace, and which he uses in attaching delinquents by touching them with it. He wears alfo a gold badge, embellished with the enfigns of the order of the garter; and, in addition to his falary and emoluments, has a houfe in Windsor Castle, and other privileges.

There are befide, in the houfe of lords, a Yeoman Uber, Serjeant at Arms, Door Keepers, Keeper of the Stole Room, Houfe Keeper, and Necessary Woman.

HOUSE OF COMMONS.

Attached as the people of Great Britain naturally and juftly are to this popular democratic or reprefentative part of their government, it is not furprifing that many writers have been found to infift on its high antiquity, and even to ascribe to the univerfality of the people a degree of deliberative authority, as well in the election of their reprefentatives as in the affairs of ftate, which can hardly be reconciled to the requifites of force, authority, and promptitude, effential to every government. On the other hand, writers have not been wanting who have laboured to decry every pretence of authority in the people, confidering the right of election as a boon from the crown, rather extorted in times of difficulty and want, than given in confequence of any fense of legality, juftice, or propriety. Each fide explores ancient documents, details authorities, deduces analogies, and tortures phrases to produce a decifion in favour of its particular thefis; but those who perufe the reafonings of each, muft find that no general fyftem can be formed, which is not fubject to fo many contradictions and exceptions, that the opponent may fafely infift that his is the

Q3

rule,

rule, and that which the other relies on as a general bafis, is nothing more than a series of deviations. That there was at all periods a deliberative body affifting the executive power of England, feems to be a well-established fact, applying not only to times fucceeding the conqueft, but to the earliest of which hiftory preferves any details; but whether this body contained reprefentatives delegated from all parts of the realm, cannot be determined. In the days of the Britons traces are left of fovereigns addreffing themfelves to affemblies of the people; the excellent fyftem of mutual dependence and representation eftablished by Alfred, and the general records of the Saxon government, render it certain that means were retained for confultation with the wifer and better fort of the people on public affairs; and although, during the ufurpation of the Danes, great efforts must have been used to obliterate every trace of a practice fo inimical to the pretenfions of tyrants, yet, when William the Conqueror claimed the crown, we find Harold denying the validity of the fuppofed grant, because, even if real, it was made, "without the general assembly and decree of the fenate and people." Yet although fuch ailemblies were usual, even from the most ancient times, the perfons of whom they were compofed, the authority or delegation under which they fat, the extent of their powers, and the limits of their influence and refponfibility, ftill remain undetermined and undefinable.

After the conqueft, the formation of the houfe of commons becomes clear, fimple, and eafily ascertained; although it is not even then poffible to determine whether any old traditionary notion of right was reforted to, or whether the grace which fprings from neceffity alone influenced the mind of the monarch. Parliament, as already has been ftated, fprang from the feudal system, and the vaffals of the crown had feats; but there is no authority by which it can be maintained that the people, as matter of right, fent their reprefentatives to the great affembly at any time between the conqueft and the 49th year of Henry III. (A.D. 1266.) From the critical period of this event, the fummons being iffued when the king had overthrown Simon Mountford, earl of Leicefter, at the battle of Evesham, contradictory accounts have been given of the motives for convening the commons. Some, without much fhew of reafon, have afferted it to be an effect of art in the vanquished earl and his adherents, to gain a counterpoife against the crown and the peerage, and reprefent the great palladium of British liberty as the contrivance of a rebel to ferve a factious purpose. But the more probable account feems to be, that while the mighty barons, confcious of the ftrength they derived from the feudal fyftem, were anxious to bring it to the highest degree of perfection,

the

the king, defirous of protecting himself, and obtaining a balance against the overgrown power of these haughty fubjects, took measures for increafing the confequence, and adding to the weight, of the more refpectable clafs of the people. Happily for the people, the feudal fyftem had long been in the courfe; of weakening itself. It had long been customary, on the efcheat of any barony for want of iffue, or by forfeiture, for the crown to parcel it out into fmaller diftricts; and this begot the diftinction between the barones majores and barones minores. Thefe barones minores held by knights' fervice, and, being too numerous to be all called to parliament, were allowed to fit by representation. From this circumftance originated the writ, directing the sheriff that he caufe to come at a day therein named, duos milites gladiis cinctos; which is the foundation of county representation. The Cinque Ports, and, in all probability, cities and boroughs, began to return members about the fame time, the first record of them being in the 22d Edw. I. The early writs did not fpecify whether the reprefentatives were to be elected; though it is almoft impoffible but that some form of election must have been used, for the purpofe of afcertaining unanswerably, or giving effect to the fuffrage of the majority. The continental dominions of the crown called for armies; thefe were supported at firft by the fervices which grow out of feudal tenure; but, in procefs of time, perfonal fervice was bartered for pecuniary compofition, under the name of fcutage; which, together with the increafing neceffities of the crown, and the proportionate independence of the barons, foon brought the people at large, efpecially the trading part, into confideration. The policy of the crown raised a counterbalance to the power of the barons, and, by giving the people confequence, at the fame time erected for itself a tower of ftrength, and a treasury for fupplies. It was from this policy, probably, that Henry II. gave charters and immunities, which meeting with no disturbance from the firft Richard, whofe military genius was folely occupied in foreign wars, and being ftrengthened by the weakness of King John, prepared the way for that importance to which the people were called at the latter end of the reign of Henry III. The extreme indigence of this monarch at this period, obliged him to feek new fources of fupply; that burden had always fallen on the land; the towns being secure through their humility; but many of them, being now grown wealthy by industry and commerce, began to contribute their fhare to the public expence. Talliage, a tax on perfonal property, fimilar to fcutage on land, was adopted about this time, and was probably an active caufe of fummoning reprefentatives of towns, who might in perfon grant the property of their con

Q4

ftituents.

ftituents. The crown indeed would fometimes take it without attending to this form; but the ftatute de talliagio non concedendo, made in the 25 Edward I. reftrained this tyranny, and fecured the continuation of that right, which though folemnly established by Henry III., would probably soon have grown into difufe. It is not to be fuppofed that the plan of representation was at this early period matured into its prefent perfection; but, from the 49th Henry III. the existence of the house of commons has been regular; and though that body has been subject to occasional degradations, according to the strength or malignity of certain monarchs, yet it progreffively advanced its own privileges, and with them the rights and freedom of the people, till it attained its prefent establishment.

FORMATION. The Houfe of Commons is thus compofed.

QUALIFICATIONS REQUISITE TO BE A MEMBER OF THE HOUSE OF COMMONS. Independently of the circumstances of mature age, and those which are implied in the oaths of allegiance, abjuration, and fupremacy, a perfon to be elected a member for a county, must have a freehold or copyhold, or must have been mortgagee in poffeffion, at least seven years, of a clear eftate of the value of 600l. per annum; and to be elected for a city, borough, or other place, except the universities, of the value of 300l. per annum. If a perfon who is not fo qualified