dictates of public virtue. In fine, what crowns all these precautions, is its being a fundamental maxim, "That the freedom of Speech, and "debates and proceedings in Parliament, ought not to be impeached or questioned "in any Court or place out of Parlia"ment."-Bill of Rights, Art. 9.

The legislators, on the other hand, have not forgot that intereft, as well as fear, may impofe filence on duty. To prevent its effects, it has been enacted, that all perfons concerned in the management of any taxes created fince 1692; commiffioners of prizes, navy, victualling-office, &c. comptrollers of the army accompts; agents for regiments; the clerks in the different offices of the revenue; any perfons that hold any new office under the Crown, created fince 1705, or having a penfion under the Crown, during pleasure, or for any term of years, are incapable of being elected Members. Befides, if any Member accepts an office under the Crown, except it be an Officer in the army or navy accepting a new commiffion, his feat becomes void; though fuch Member is capable of being re-elected.

Such are the precautions hitherto taken by the Legislators for preventing the undue influence of the great prerogative of difpofing of rewards and places; precautions which have been fucceffively taken, according as circumstances have shewn them to be neceffary, and which are owing to caufes powerful enough to produce the establishment of new ones, whenever circumftances fhall point out the neceffity of them. (a)

(a) Nothing can be a better proof of the efficacy of the causes that secure the liberty of the English, and which we fhall have occafion to deduce and explain hereafter, than those victories which the Parliament from time to time gains over itself, and in which the Members, forgetting all the views of private ambition, only think of their intereft as fubjects.

Since this was firft written, an excellent regulation has been made for the decifion of controverted elections. Formerly the Houfe decided them in a very fummary manner, and the witneffes were not examined upon oath: but, by an Act paffed this Seffion, the decifion is now to be left to a Jury, or Committee, of fifteen Members, formed thus. Out of the Members prefent, who must not be less than one hundred, forty-nine are drawn by lot: out of these, each Candidate ftrikes off one alternately, till there remain only thirteen, who, with two others, named out of the whole Houfe, one by each Candidate, are to form the Committee: in order to fecure the necessary number of one hundred Members, all other bufiness in the Houfe is to be fufpended, till the above operations are compleated,

CHAP.

CHAP. VIII.

Of private Liberty, or the Liberty of Individuals.

E have hitherto only treated of general

WE

liberty, that is, of the rights of the Nation as a Nation, and of its share in the Government. It now remains that we should treat particularly of a thing without which this general liberty, being abfolutely fruftrated in its object, would be only a matter of oftentation, and even could not long fubfift: I mean the liberty of individuals.

Private Liberty, according to the division of the English Lawyers, confifts, first, of the right of Property, that is, of the right of enjoying exclufively the gifts of fortune, and all the various fruits of one's industry. Secondly, of the right of Perfonal Security. Thirdly, of the Loco-motive Faculty, taking the word in its more confined sense.

Each of these rights, fay again the English Lawyers, is inherent in the person of every

Englishman; they are to him as an inheritance, and he cannot be deprived of them, but by virtue of a sentence paffed according to the laws of the land. And, indeed, this right of inheritance being expreffed in English by one word, (birth-right) the fame as that which expreffes the King's title to the Crown, it has, in times of oppreffion, been often opposed to him as a right, doubtlefs of a lefs extent, but of a fanction equal to that of his own.

One of the principal effects of the right of Property is, that the King can take from his fubjects no part of what they poffefs: he must wait till they themselves grant it him; and this right, which, as we have feen before, is, by its confequences, the bulwark that protects all the others, has moreover the immediate effect of preventing one of the chief causes of oppreffion.

In regard to the attempts, to which the right of property might be exposed from one individual to another, I believe I shall have faid every thing, when I have obferved, that there is no Man in England who can oppofe the irrefiftible power of the Laws;-that, as

the Judges cannot be deprived of their employments but on an accufation by Parliament, the effect of interest with the Sovereign, or with those who approach his perfon, cannot poffibly influence their decifions;—that, as the Judges themselves have no power to pass fentence, till the matter of fact has been fettled by men nominated, we may almost say, at the common choice of the parties, all private views, and confequently all respect of perfons, are banished from the Courts of Juftice. However, that nothing may be wanting which may ferve to throw light on the fubject I have undertaken to treat, I fhall relate, in general, what is the law in Civil matters, that has taken place in England.

When the Pandects were found at Amalphi, the Clergy, who were the only Men that were able to understand them, did not neglect that opportunity of increafing the influence they had already obtained, and caused them to be received in the greatest part of Europe. England, which was destined to have a Conftitution fo different from that of other States, was to be farther distinguished by its rejecting the Roman Laws.