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that it ought to be maintained inviolate. Whether this judicial authority was antiently vefted in the House of Lords alone, exclufive of the Commons, hath been thought a point not quite fo certain our most eminent antiquarians have been of different judgments about it (r). Some of them have thought that this judicature being parliamentary, the commons are entitled to a share in it; and the rather, because their having formerly been included in the baronage, and having fat with the Lords in one houfe (s), it could hardly be otherwife, but that they muft have had a fhare in determining the caufes then moved in parliament.

And indeed, as it is evident that the Commons did join in acts of attainder, paffed in a legiflative way, fo there is alfo reason to think that they did sometimes concur with the Lords in declaring the law; and even in making awards in particular cafes, even of a civil nature. William de Septivant's cafe is an inftance of it, and others quoted by Mr. Petyt. But this feems rather to have been practifed by the confent of the Lords, in those particular cafes, in order to add greater weight to their own decifions, than because the Commons had a strict right to concur in all such cases.

There was antiently a diftinction between the greater and leffer Barons; and the right of judicature, in the Magna Curia, feems to have been vefted only in the former, with the King at their head that the Leffer Barons had not that right, appears from Archbishop Becket's cafe, in the reign of Henry II. And it feems very probable alfo from hence, that the Leffer Barons, were not reckoned Peers like the greater Barons. In 4 Edward III. the Lords are characterifed as judges of Parlia ment; which indeed the Commons did not difpute, in Henry the fourth's time, when that King and the Lords declared, that judgment folely belonged to them; and this courfe hath ever fince been obferved. There are numerous inftances, in which the Lords have judged in parliament, not only in the causes of their Peers, but those where the King has been party, but in others alfo brought before them; and even in ariginal caufes (t).

And whoever judges truly of the intereft of the conftitution will be clearly of opinion, that a Peerage is abfolutely neceffary, for feveral good purposes, especially as a bank or fcreen to the Crown. If we had no peerage now upon the old conftitution, yet we fhould be neceffitated to make an artificial peerage, or fenate, inftead of it (u). Cromwell himfelf found it neceffary to do fo: and it is more fo every day, in proportion as the House of Commons goes on gaining ground. Every one therefore, who is no republican, ought to de(r) See Cort. Pofth. p. 359. (s) Lex Parliam p. 54•. (t) See Cafe of Appeals, p. 18. (a) Plato Rediv. p. 133.

fire to fupport the dignity of the Lords houfe as much as poí-` fible; and to that purpofe it is neceffary at present, that all the prerogatives of that houfe, and efpecially the right of judicature, fhould be preferved intire; for if this fhould be loft, they would find it impoffible to preserve their dignity. If it fhould be fuppofed, that there are fome young, unattentive, and unfkilful perfons, at all times among them; it is certainly true on the other hand, that there are and always have been, others of great knowlege and probity, who take care that there shall be no juft grounds of complaint in their administration of justice. In fact, I do not find there have been many caufes complained of; and probably this fame care will always be taken, not only from their innate honour and probity and regard to juftice, but also because they know that the House of Commons have their eyes open upon them; and that the Commons will be likely to be fupported by the people, in case the Lords do any thing amifs. So that upon the whole, the laft refort could not eafily be better placed, nor the judicial authority in general be much better administered.'

And

We believe the general public fenfe will confirm the honourable teftimony this learned Writer bears to the ability and integrity with which judicial proceedings are conducted in the House of Lords; but the ftrongest testimony of all others is the amazing encrease of business of this kind; and the very numerous appeals which are made at the bar of this aflembly every feffion of parliament: this fhews the confidence which the public places in this court of judicature; and we doubt not there are many great families, beth in this, and other kingdoms, that have experienced, to their great and lafting fatif faction, the wifdom and fidelity of its determinations. we need not fcruple to foretell, that if the body of the British Peers will go on to adminifter juftice, in the manner that it hath been done, for fome years paft, they will on this account, if on no ether, retain their dignity and importance in the legislature. The friends of public liberty, though not partial to the ariftocratic part of our government, as fuch, have obferved with pleafure, their rifing importance in this instance, and have looked upon it as an earnest of the frequent and early meetings of parliaments, which is the great fecurity of every thing dear to us as Britons. Nor did his Lordship need to have expreffed any fears, as though the House of Commons was gaining ground beyond its due proportion: as long as the fons, relations, and dependents of noble families are members of the Houfe of Commons; and fo many boroughs and counties are almost at the difpofal of the peerage in all their elections: as the number of Peers is every day enlarging; and a steady plan of policy purfued for confining and accumulating wealth in that body; and as long as Bps have a feat in the House of Lords, the apprehenfions of the public will certainly run the [To be continued.]

her way.

INDE X.

N. B. To find any particular Book, or Pamphlet, fee the
Table of Contents, prefixed to the Volume.

A

A..

BBREVIATION of numbers,
fpecimens of, 191.
AGRICULTURE, neglect of, a caufe
of depopulation, 48.
ALEXANDER the Great, quibbling
derivation of his name, 229.
ALLUM, in bread, pernicious to
children in particular, 50.
AMMONIUS SACCAS, his compre-
henfive conciliatory scheme of re-
ligious philofophy, 331. His
doctrines product.ve of much de-
pravity and myfticifm in the
Chriftian religion, 334.
ANA, books in, account of, 3278
ANDROMACHE, comical derivation
of her name, 228.
ANTIMONY. See MARGGRAFF.
ARCHIMEDES, humorous etymo-
logy of his name, 229.
ARMADILLA, fome account of that
animal, 446.
ASCETICS, that morofe fect, whence
derived, 335
AUTHORS, original, greatly injured
by tranflators, 277.

B..

ERKELEY, Bp. of Cloyne, his
amiable character, 312.
BETTESWORTH, Serjeant, his
quarrel with Swift, 314.
BLEEDING, efpecially recommend
ed in ardent fevers, 57. -

BOLINGBROKE,. Lord, his charac-
ter, 5.

BOULANGER, Mr. Anecdotes of
him, 535

BREWING, directions for, 353.
BROWN, Dr. his code of education
exploded, 194

BURNET, an excellent plant, me-
thod of cultivating, 252.
BUTE, E. of, account of his rife to
court-favour, 74. Encomium on
his character, 482.

CA

C.

ANTON, Mr. his curious ex-
periments on the compreffi-
bility of fluids, 455.
CAUTIONS to phyficians in vifit-
ing patients afflicted with infec-
tious disorders, 324.
CESAR, his imaginary debate with
Scipio, 366.

CHRISTIANS, primitive, caufes of
the mutual diflike between them
and the Romans, 94. Herefies
and schisms among, in the first
century, 99, 104.
CHURCH, of England, defended
against the Arians and Socinians,
411.

CICADA, of N. America, account

CICISBEO, Italian, origin of that
office, 521.
CLERGY, monftrous increase of
their power, 340.

CONVER.

CONVERSATION, remark on, 207. EDUCATION, general remarks on,

Talents fit for, 316. COPAL. See LEHMANN. CORELLI, his music, wherein excellent, 363.

CORN, means to preferve, from the time of fowing, to (and after) houfing, 250.

CROUP, a difeafe fo called, account of, 419. Different stages of, 423.

CYDER and perry, obfervations on the making of, 352.

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E

E.

192. Improvements in fuggefted, 193. Dr. Brown's code of, exploded, 194 Liberty of, afferted, 204.

EGYPT, naturally abounds with perfons of a melancholy complexion, 336.

ENGLISH tongue, humorous account of its antiquity, 227 EULER, Mr. his notion of the center of gravity, 543. Of the motions of a globe on an horizontal plane, 544.

F

F.

ARMS, and Farm-houses, remarks on the fituation of, for health and conveniency, 259. FEAR, its efficacy in the cure of convulfions, 185. FERMENTATION of liquors, obfervations on, 350, 354. FEVER, ardent, ufual fymptoms, and proper treatment of, 56. Yellow, its fymptoms, 302. M. Lieutaud's account of,

525. FEVERS, infectious, obfervations on, 302. Fumigations, whether a remedy against, 303. Dr. Lind's method of cure, 304. Morbid appearances after death, ibid., Cautions to the phyfi

cians, 324.

FISH, a very wonderful one de

fcribed, 453

FISTULA IN ANo, how to be treated, 425.

FLORENTINES, their refpect for the English, 521. FORMOSA, women there, at what age permitted to breed, 540;

the note.

FREE enquiry, ought to be encou raged, 199.

FRUIT, how to preserve, after gathered from the trees, 348.

recommended, 303, 324.

GARDENS,

CLECTIC philofophers, ac- FUMIGATIONS, in places infected, count of, 33.1.

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Hled, account of, 559
HAPPINESS, focial and political
diftinguished, 529.
HARDWICK, Lord, his adjudica-
tion in the caufe between Janffen
and Spencer, 109.
HEDERN, Count, his defence of
inoculation, 542.

ABEAS CORPUS, a&t fo cal-

HEML CK, its ufe in diforders of
the bowels, 182.
HERMAN, Profeffor, account of his
famous cypher, 544.
HERVEY, Mr. objections to fome

of his doctrines, 159.
HINDOOS, of Indoltan, fome, ac-
count of, 267.

HOLWELL, Mr. his feasonable hint

to the Eaft India company, 270.
Hors, their culture and manage-

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JANSSEN and Spencer, their fuit in
chancery, 109.
IDOLATRY, whether punished by
the patriarchs, 176, 392.
JEWS, their State, civil and reli-
gious, at the time of Chrift's
birth, 92. Voltaire's notion of
them controverted, 131. Jofe-
phus's account of their antiqui-
ties defended, 136.
IMAGINATION, in pregnant wo-
men, the fuppofed force of, de-
nied, 28. Particular inftances
of, contraverted, 34.
INCLOSURES, of land, obfervations
relative to, 258.

INCUBUS, or night-mare, account
of that diforder, 122.
INDIANS, of Quito, live almost in
a ftate of nature, 41.
INFLAMMATION of the breast,
fymptoms of, defcribed, 52.
INOCULATION, for the fmall-pox,
account of that practice in Scot-
land, 125.

defence of, by
Count Hedern, 542. Satan faid
to be its first inventor, ib.
JOHNSON, Dr. his edition of Shake-

fpeare, characterized, 387.
JOHNSON, Mrs. [Swift's Stella]

her life and character, 219–226.
JOSEPHUS, not an unbeliever in

miracles, 134. His Jewish an-
tiquities defended, 13.
ISINGLASS, its importance as a

commercial article, 427. Bri-
tifh, method of proving whether
equal to foreign, 428.
ITALIANS, modern, characterized,
514. Their averfion to labour,
and its ill confequences, 516.
Origin of their Cicisbeos, 521.
JURIES, trial by, and privileges
of, 561.

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