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and confirmed by act of the then parliament. That in the faid act there be prefented the manner how the said elections fhall be made, together with the qualifications of the electors and elected, with fome other heads to ftrengthen and confirm thefe new regulations. But only the number to ferve in parliament was now determined, and the remainder of the report was referred to a grand committee of the house, to take into confideration the feveral heads reported, according to the number of four hundred; and upon their debate, to prepare a bill, to be presented to the house. Accordingly we find in the journals that on every Wednesday following, till the differences with Scotland broke out into a war, the house in a grand committee fat and debated on this important fubject, and had not entirely finished it, when a period was put to their fitting in the manner we fhall foon fee.

It is not to be doubted, had the parliament finished their plan, it would have been truly excellent. As it is, it appears capable of being rendered greatly ufeful, when-ever a set of men of wisdom and fortitude shall arife to carry it into execution. That this is not too high an encomium on the parliament's fcheme for a new representation, will appear from that part of the inftrument of government fubfcribed by Cromwell, on his affuming the protectorate, relating to the fummoning and electing of parliaments; which I am perfuaded was framed by the grand committee above-mentioned, though the house had not time to pass it into a law. It is too long to be given here, but the curious (i) P. 572. may find it in Whitlock (i), and without doubt will with It is to be for its revival. The rotten part of the conftitution, as other wriI think Burnet fomewhere calls our fmall boroughs, ters. would then be incapable by their venality and corruption, of doing the mifchief they fometimes have done, to themselves, their representatives, and the public.— Among the alterations requifite to be made on the British government, in order to bring it to the most perfect model of limited monarchy, fays Mr. Hume, the plan of the republican parliament ought to be reftored by making the reprefentation equal, and by allowing none to vote in the county elections, who

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poffefs not an hundred a year (k).' This restriction appears not at all to have entered into the thoughts of 39. 12mo. the parliament. An eftate real or perfonal of two hundred pounds in value, was the qualification for an elector, in the inftrument of government above mentioned.

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(ss) Their attemp's to reform the law, and enacting all lary proceedings to be in the English tongue.] The tediouincfs and expenfivenefs of law proceedings have long been the fubject of complaint, as well as that glorious uncertainty of the law, which has been often boafted of with high-glee by fome of its profeffors. It is not to be doubted but the flow and prolix procefs of the law fometimes preferves the unwary or unfkilful from being furprized, and affords the fairer opportunity to bring truth to light, or give relief to the cppreffed: but whether thefe advantages are not outweighed by the vexation, trouble and expence neceflarily incurred thereby, thofe who have been fo unhappy as to be engaged in it, can beft determine.As early as the year 1640, the parliament was addreffed on this fubject, in the following words: Yee know, the laws of this nation are unworthy a free people, and deferve from firft to laft, to be confidered, and ferioufly debated, and reduced to an agreement with common equity, and right reafon, which ought to be the form and life of every government. Magna Charta itself being but a beggarly thing, containing many marks of intollerable bondage, and the laws that have been made fince by parliaments, have in very many particulars made our government much more oppreffive and Intollerable. The Noman way for ending of controverfies, was much more abufive than the English way, yet the Con. queror, contrary to his oath, introduced the Norman laws, and his litigious and vexatious way amongst us; the like he did alfo for punishment of malefact. rs, ⚫ controverfies of all natures having before a quick

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and final difpatch in every hundred. He erected a trade of judges and lawyers, to fell juftice and injuftice at his own unconfcionable rate, and in what time he pleafed; the corruption whereof is yet remaining upon us, to our continual impoverishing and molestation; from which we thought you should have • delivered us *In the copy of a very valuable manufcript paper, formerly belonging to colonel Saunders of Derbyshire, colonel of a regiment of horse, written about the end of the year 1647; among many other. excellent propofa's for the establishment of a firm and prefent peace, is the following. That the huge volumes of ftatute laws and ordinances, with the penalties therein impofed, as well corporal as pecuniary, be well revifed; and fuch only left in force, as fhall be found fit for the commonwealth, especially that mens lives be more precious than formerly, and that leffer punishments than death, and more ufeful to the < publick be found out for fmaller offences: That all laws, writs, commiffion, pleadings, and records be in the English tongue; and that proceedings be reduced to a more certain charge, and a more expelitious way than formerly: That no fees at all be exacted of the people in courts of juftice; but that the publick minifters of flate be wholly maintained cut of the publick treasury. In the petition of the lord general and officers mentioned in the preceeding note, we find among other things noticed, as worthy to be provided for by parliament, The removing or reforming of ⚫ evils or inconveniences in the prefent laws, and adminiftrations thereof, the redreffe of abuses, and fupplying of defects therein, the putting of all the laws and proceedings thereof into the English tongue, the reducing of the courfe of law to more brevity and lefs

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Remonfrance of many thousand citizens and other freeborn peo: le of England to their own houfe of commons, occafioned by the impalonment of John Lilbarn, 4to. witl o it name or place.

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charge (). These perfons feem not to have con. curred in judgment with Lord Coke, who tells us, The law is the perfection of reafon;' That the law is nothing elfe but reafon; and that if all the reafon that is difperfed into fo many several heads were united into one, yet could he not make fuch a law as the law of England is, becaufe by many fucceffion of " ages it hath been fined and refined by an infinite number of grave and learned men, and by long experience grown to fuch a perfection, for the government of this realm, as the old rule may be truly verified of it, Neminem oportet effe fapientiorem legibus: No man (m) On Lit-(out of his own private reafon) ought to be wiser than the law, which is the perfection of reafon (m).' 98. 2d. Edit, However this may be, the parliament being urged by feeming confiderations of public utility, on January 20, 1651, appointed A committee to take into confideration what inconveniences were in the law, how the mifchief that grows from delays, the chargeableness and irregularities in the proceedings of the law may be prevented, and the fpeedieft way to prevent the 'fame.' No great matters however followed from this committee, by reafon of the hurry of the times, and the oppofition of the lawyers, who were full of Lord Coke's opinion concerning the perfection of the laws of England, as gentlemen of that profeffion, for the most part, will always be; for as they then and now ftand, they are the means of procuring preferments, titles, and ministerial estates. Can we wonder then they have vindicators, admirers and applauders? A little before the parliament paffed an act, That all the books of the law fhould be put into English; and that all writs, procefs, and returns thereof, and all patents, commiffions, indictments, judgments, records, and all rules and proceedings in courts of juftice fhould be in the English tongue. It was moreover enacted, that they should be written in an ordinary, ufual and legi

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ing (TT) in behalf of liberty, civil and religious;

ble hand and character, and not in any hand commonly called court hand.' This act does great honor to the parliament, and is an argument of their good fenfe, and concern for the welfare of the people. It is amazing fo good a law fhould not have been continued by proper authority after the reftoration! But it was generally a fufficient reafon then to disuse a thing, though ever fo good in itself, that it had been enacted by an ufurped power. Of fuch fatal confequences are prejudices! But thanks be to God! we have feen the time when this moft excellent ordinance has been again revived, and received the fanction of the whole legislature.It has indeed been queftioned, Whether a noble dead language, which has fuf⚫fered no variation in it for above these thousand years laft paft, is not better to preserve records in than fo (n) Parlia flux a one as English (n).'--For my own part, I mentary fhould think not: unless the uncertain good of very xix. p. 439. Hiftory, vol. diftant pofterity, is to be preferred to our own prefent real advantage, which I imagine few will fay. But to go on How much were it to be wifhed, that a committee of wife and prudent perfons were once ⚫ more employed to revise, amend and abridge our laws! That we might know ourselves how to act, and not be neceffitated to make ufe of thofe, who (we are fenfible) live on our fpoils.--But much is it to be feared, that our adverfaries will be too hard for us, and that 'we shall be obliged, for a time at least, to fubmit to their yoke. But whenever the spirit of true patriotifm fhall generally poffefs the minds of our fenators, I doubt not, but they will apply themselves to our deliverance in good earnest, and bring it to perfection, (0) Hiftori(as it was long ago done in Denmark, and more lately cal and Cri in Pruffia) inafmuch as the happiness of the commu- count of nity abfolutely depends thereon (●).' (TT) Their feeking out, and rewarding the best pens, ters, note &c.] There have been few governments deftitute of Lond. 1751.

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