THE VISITOR, OR MONTHLY INSTRUCTOR, FOR 1850. THE HOUSE OF LORDS. THE origin of the British Parliament is veiled in much obscurity. In accordance with the provisions of the feudal system, every sovereign and every great feudatory had his council, composed of his greater and lesser vassals, who assembled to assist him both in judicial and legislative affairs. In theory, its assent was necessary to the validity of the acts tion as it now is, the changes were gradual. About the fifteenth year of the reign of John, writs were issued to the sheriffs, commanding them to return four knights for each county to a convention at Oxford.* The alteration, however, is more distinctly seen in the summoning of the Earl of Leicester's parliament, after the battle of Lewes, and in the following year. The constitutional law of the country was of the chief. It was also an ancient cusfirst defined by Edward 11., when the tom in several of the western kingdoms of legislative authority was declared to reside Europe for such potentates to hold assemin the king, with the assent of the prelates, blies of their barons at the great festivals earls, barons, and commons assembled in of the year, termed cours plenières and parliament; and from that period this parlemens, chiefly, however, for the pur-interrupted force, excepting during the form of government has continued in unpose of magnificent display. The Norman and Plantagenet kings had two conventions-the greater council of the kingdom, and the lesser, or privy council; and, despite the absolute authority that was not unfrequently exercised by the sovereign, the supreme legislative power in England, since the Norman conquest, has been conjointly held by the king and his council. The inferior council was composed of members appointed by the sovereign, and constantly attended him; and it gradually usurped many of the legislative functions of its prototype. By Magna Charta, however, all aids and scutages were assessed by the consent of the great council, the meetings of which were denominated parliaments," or "colloquies." From these assemblies to the representative character of the British ConstituJANUARY, 1850. period of the Commonwealth. The period at which the parliament was first divided into two houses, it is now difficult to ascertain; but it is considered that the three orders early met in separate conventions for the purpose of imposing taxes, and that the representatives of the commons were at no period permitted to hold their sittings in the same chamber with the earls and barons after these were expressly summoned by the king. The House of Lords is constituted on "It the great principle of the perpetuation of * Ad loquendum cum rege de negotio regni. B 2 source of honour, can alone confer rank or precedence. It has unlimited authority in the creation of peers, and, indeed, of creating temporal peers for life; but it has only been exercised so far as by calling up the eldest sons of peers, an operation which merely adds to the numbers of the upper house during the lives of the individuals. The only restriction upon the power of creation refers to the Irish peerage-of which there are twentyeight members who sit by election for life who cannot be made in a greater proportion than that of one to every three peerages that become extinct. The hereditary nature of the peerage is a great check to the power of creating new peers, while the rank, if given for life, might be bestowed with far less caution and reserve, and for temporary and comparatively unimportant purposes, when the ascendancy of a ministry in the upper house was imperilled. It would be employed also as a retirement and reward for the favourites of a government; and thus the whole body, though it might be respectable, would lose much of that authority and stability which arises from the permanence of its nature and its independence of action.* The authority on which peers hold their seats is different. Some gain them by descent or inheritance, some by creation, as do all newly-made peers, and some by election. The list includes sixteen Scotch peers, who are elected at the beginning of every parliament by the Scotch nobility; and the twenty-eight Irish peers, who, in like manner represent the Irish peerage, but are elected for life. They are called representative peers. Whether the bishops sit in parliament by right of certain free baronies, of which they have, or are supposed to have, the tenure, under the queen, or whether they gain this position by usage and custom, is a question involving much material for curious investigation. They are a distinct estate from the lords temporal, and are so characterised in most acts of parliament; yet in practice they are usually blended together under the name of lords, they intermix their votes, and the majority of such intermixture binds both estates. From this want of a separate assembly and a separate vote for the prelates, some writers argue that the lords temporal and spiritual are now in reality but one estate.† Acts may be passed without the assent, or even the presence, of any lords spiritual; and, on the other hand, lord Coke doubts whether a measure passed by the king, the lords spiritual and the commons, without the presence of some lords temporal, would be anything more than an ordinance.§ If this be the case it would be temporary, unless confirmed by act of parliament, and could introduce no new law. The creative power thus vested in the sovereign has, on several occasions, involved important political considerations. In the reign of queen Anne, a question of moment was carried by lord Oxford through the house of peers by a sudden creation; and, in modern times, the Government, backed by a majority of the Commons, and of the people "out of doors," received from his late majesty authority to pass the Reform Bill, which had been successfully and determinately resisted in the upper house, by an unlimited creation of peers. A list of eighty was accordingly prepared and taken to Windsor, from which the king might select the most elegible; it having been with the desire of making the least permanent addition to the House and to the aristocracy, by calling up the eldest sons of peers, men without families, and Scotch and Irish nobles. The measure was not, indeed, resorted to: the knowledge that such authority had been conferred, convinced the opponents of the measure in the upper house of the determination of the king to pass the bill, and a sufficient number of opposing peers agreed to absent themselves on division, tion;" "Blackstone's Commentaries;" Hargrave; so that the measure was carried. Besides the power of framing laws possessed by the House of Lords, it is the highest judicial court in the realm. Peers also become jurymen when any great criminal is impeached at their bar for high crimes and misdemeanors, or when any one of their own body has committed an offence which calls for the exercise of criminal jurisdiction. The history of the British parliament contains numerous illustrations of these kinds, and some have occurred within modern times. At the close of the last century, Warren Hastings was impeached for misdemeanors said to have been committed during his administration as Governor-General of India; *Lord Brougham on the "British ConstituHallam, "Middle Ages." + Whitelock on "Parliament." Dyer. Bowyer's "Commentaries on the Constitu- ronage;" Comyn, "Dig. Parliament." tional Law." § Coke, 4 Inst. 25. Kelynge. and, within a few years, an earl was brought before the House, having had a true bill of felony found against him by a grand jury, on account of a duel in which he had been engaged. If he had been a commoner, he would have come under the jurisdiction of an ordinary court, but, being a peer, he claimed his privilege to be tried by his equals, in accordance with the provisions of Magna Charta. Under such circumstances, the sovereign appoints a justiciary, who occupies the same position of authority as did the ancient "Justiciarius" immediately before the dissolution of the Aula Regis. He has granted to him for the occasion the style and title of the "Lord High Steward," and his commission is declared to proceed according to the laws and custom of England.† Neither he nor the jury of the lords is sworn; and though he is the sole judge, he summons the twelve judges of the land to assist him. During the trial, he is seated under a cloth of state, bearing a white staff in his hand, which is presented to him by the usher of the black rod; while the heralds and serjeants-at-arms, with their insignia, attend. The judge is regarded with special respect, is addressed as "Your Grace," and those who speak to him, say, "May it please your Grace, my Lord High Steward of England." On the conclusion of the trial, he publicly breaks his white staff of office, and thus his commission terminates. In case of misdemeanor, both the lords temporal and spiritual are judges; but if the offence be capital, the spiritual peers are not permitted, under penalty of being deprived of their dignities and orders, to be present.‡ In thus referring to the nobles of Britain, it is gratifying to find that so many of them uphold the dignity of their exalted and responsible position by their education, ability, and liberality; and in some instances by their piety and devotion. The time and energies of such are expended in the service of their country, and of philanthropy; and greatly may we rejoice in the striking contrast which is afforded between what they are now, and what they were in former ages. Time was, when the injunctions of a sovereign to his nobles were replied to by a shout of defiance from the walls of the baronial castle-when royal mandates were obeyed *Nec super eum (i.e. legale homo) ibimus, etc., nisi per judicium parium suorum. + Legem et consuetudinem Angliæ. + Miege. or disregarded according to the strength of a portcullis, the solidity of embattlements, or the courage of retainers-and when a mail-clad chieftain started forth with a thousand followers, to assert the superiority of the power of a Roger Bigod, or De Bohun, to all the mandates of a king, and all the supplications of an oppressed and suffering people. Nor must it be forgotten how many of the nobility of England have stood forward in the defence of the rights of Englishmen against the aggrandizing despotism of a faithless or cruel monarch; while, with tears of sorrow over the grave of freedom, they have made unexampled sacrifices of toil, anxiety, health, and blood, to restore her, phoenix-like, from her ashes. The great principles of the British constitution, judiciously elaborated and applied, are indeed pre-eminently calculated to promote the well-being of the nation. Under the ameliorating influence of the experience of the past, sometimes collected in the senate, and sometimes on the battle-field, the relative authority of the three estates of the realm became, to a great extent, harmonised in its proportions and workings. The civil and religious liberty enjoyed to so considerable a degree in the present day, affords abundant opportunity for gratitude, and we may well rejoice in the superior advantages now possessed to that time when long and arduous struggles between kingly assumption and popular resistance plunged the country in all the evils of confusion and war ere that balance of power between "prerogative" and "privilege" was attained, of which we are now in the enjoyment. Alike unfettered by royal despotism, oligarchic assumption, or democratic intimidation, the national edifice of the constitution is established on a basis of colossal strength, and will remain, we doubt not, to succeeding ages, a monument of the blessing of Providence on the wisdom of our fathers. Let it be the destiny of the age in which we live, to transmit to posterity the political advantages we enjoy undiminished in extent, and untarnished in lustre. THE COMMON WATTLE AND ITS GALL-FLY. F. THE common wattle (acacia suaveolens) when in its pride of bloom, is one of the greatest ornaments of Australian scenery. Our plains and woodlands, and the slopes of the lower ranges, in spite of the devastation caused by the summer fires and the unpitying axe of civilization, are yet profusely adorned with this and kindred species of acacia. Its beautiful racemes of flowers, composed of innumerable stamens, forming brilliant yellow globes, and intensely fragrant, together with its glossy, bright green foliage (especially when the trees are young) contrasting with its rough darkbrown bark, must ever render it an especial favourite with all lovers of ornamental arboriculture. It is deeply to be regretted that, in their passion for clearing, so few settlers have left the very handsome native shrubs and low-growing trees, as appendages to their homesteads. To many, indeed, these choice pets of the conservatory in our old home present no attraction, except as they administer to their wealth. A wattle, to them, is valuable for its commercial products alone; and the ruthless stripping knife of the bark gatherer, and the eager search of the gum collectors, seem destined to destroy it in many localities in which it has hitherto been most abundant. This tree is subject to the attacks of many insects, and especially to a species of the genus cynips. It is the habit of these creatures to produce galls, sometimes on the roots, but more commonly on the leaves, or the soft branches of trees. Almost all trees are, more or less, subject to these attacks, and each has its own peculiar species. The oak-apples, so familiar to the English rustic, are the work of cynips quercus - gemmæ. The beautiful mossy excrescence occasionally met with on the wild rose is produced by callimone bedeguaris, one of the almost endless species of the allied family of the chalcided, whose singular forms, brilliant gem-like colours, and remarkable habits, alike entitle them to the notice of the naturalist; while the red and green protuberances, so abundant on the leaves of the willow, are raised by the larva of a minute and beautiful individual of the same interesting group. The leaves of the eucalypti, commonly known in these colonies as gum-trees, are in all their varieties much subject to similar ravages, the elevations being caused by the grubs feeding upon the parenchyma, or substance between the upper and lower skin of the leaf, so preventing the free action of the sap in its cells. The point of attack in the wattle is the incipient flower. If an observer will examine a tree at the time it is in blossom, he will find many of the flowerstems bearing, not perfect flowers, but small pear-shaped or rounded galls, of a green colour, but having small undefined spots on the surface, covered with yellow pollen, some few having had sufficient vigour to push forth the stamens and anthers. On opening these galls with a sharp knife, they appear fleshy, like unripe fruit; and in the midst of the firm pulp will be found some white larvæ or grubs, scarcely visible to an unpractised eye; they are very sluggish in their movements, but it is their proceedings which have led to this disturbance of the natural efflorescence of the tree, causing its juices, which, if unchecked, would have bloomed perfectly, to form a singular abortion, consisting of stem, and leaf, and flower. These minute grubs continue to prey on the plant till they are full fed, when they assume the pupa state, and subsequently the imago, or perfect fly, emerges by a hole in the surface, scarcely larger than the full stop at the close of this sentence. A denizen of the air for a brief space, the tiny creature spreads its wings in the sunshine, and enjoys existence; then, in its turn, deposits its eggs, by means of an ovipositor admirably adapted for the purpose, in the newlyformed buds of the tree, where they remain inert, until quickened into vitality simultaneously with the renewed activity of vegetation. These distorted buds gradually become brown, hard, corrugated in their exterior, and woody within. Long after the pods of the well-formed flowers have attained maturity, and ripened their pretty black seeds, which, by the action of the valves of the pod contracting suddenly, are ejected around to a considerable distance, these indurated galls continue to adhere to the branches. Superficial observers have mistaken these excrescences, under such circumstances, for the seed vessel of the tree, apparently in ignorance of the whole tribe being leguminous, and of their entire destitution of the characteristics belonging to a fruit. If one of these old galls be divided transversely, the smooth round cells in which the larvæ underwent their transformations are visible enough; and if not too much dried, the apertures by which the perfect insects have escaped may also be seen. In a cell I recently discovered the superior wings of the cynips, thus satisfactorily proving its character. They were about half a line in length, hyaline and irridescent, having a beautiful, curved, darkbrown nervure, extending from the base to nearly the apex, where it ended like a reversed comma. Few persons are aware what innumerable sources of amusement and instruction are open to an observer of nature. The natural history of our province has its peculiar characteristics, abounding with many curious specimens of insect architecture. How much may the mind be improved-habits of thought, reflection, observation, and inquiry be formed and strengthened, by the study of the objects which the beneficent hand of an all-wise Creator has every where scattered on our path. The impossibility of giving pictorial illustrations presents an insuperable obstacle to some of the most interesting facts being satisfactorily enlarged upon ; but it will give me pleasure to contribute occasionally such observations as can be popularly treated, without burdening my readers with the technical and the scientific, beyond what is inseparable from the nature of the subject.. A. H. Davis, F.L.S. THE BRIDAL HOME. "The country wins me still,- THERE are seasons of joy and sorrow in which humanity is always interested. No one, whose heart is beating healthily in his bosom, whose sympathies are not vitiated by vice, nor rendered selfish by consuming care, can see a bridal party without a glow of cheerfulness, or gaze on a funeral procession without solemnity. These things make a claim on our better natures, and he is not to be envied who responds not to the appeal. A kindly nature and a Christian spirit will alike "rejoice with them that do rejoice, and weep with them that weep.' We know a pair who are about to be wedded, and they have our kindest wishes; for "What are all the charms of earth, All its pride, its treasure worth, With no partner at our side, Thoughts and feelings to divide ?' The Taking the advantage of a sunny day, we have paid a visit to the bridal home, with the bridegroom-elect for our companion. Let us sketch the scene. house is on the road, and about a mile and a half from the town. There are three dwellings on the common, and the situation is one of the prettiest we ever saw. The houses are so environed with trees, that it is hardly possible to see them till you enter the gates. From the window is a prospect of the wide common, with fern and furze, and the solitary broad road, with its straight avenues of splendid beeches, elms, and limes for two miles in length. The bridal home is adorned with jessamine and creepers. How sweet the country! How truly might the poet say of it, "Who seeks to praise thee and to make thee known To other's hearts, must prize thee in his own." Rooks, swallows, and blackbirds abound in the neighbourhood, and there are nightingales and chirping grasshoppers; with no lack of hares, foxes, pheasants, and partridges. Report says, too, in a whisper, that speckled newts, scaly snakes, and flaring glow-worms, with croaking frogs, and moonlight-fitting bats, "sailing through the twilight duskily like some unearthly thing," are, now and then, to be seen. If the bridal pair are naturalists, this will be an advantage, and if not, it will be little or no annoyance. Happy in themselves, what will they care about The newt, the frog, the briar, the brake, Their hearts will be too sunny to regard these things as shadows. Fair are the Scotch and common firs, and very pleasant is the scent of sweetbriar and wild honeysuckle. Large and small convolvoluses, beautifully blue; with mallows, harebells, buttercups, and heath,-beautiful red heath, with little bells, and all the other nameless little flowers, are to be seen on the common; so that it is not one of those bleak, desolate, out-of-the-world places, where fogs and quagmires and wills-o'-the-wisp hold their solitary court. The more we look around, the more a liberty-loving spirit prevails within us. We enjoy the freedom from restraint, and we wonder that any one should live in the town, who could live in the country: |