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might have been added) the subjects were fairly apprifed of the dangers wherewith they were menaced. But in the prefent cafe, what key are we furnished with to unlock and discover the interior contents of this ministerial mail?" It has all the features of that craft" faid a refpectable member of parliament," which belongs to the quarter from which it comes. It had evidently other purposes than those which it profeffed. No measure he ever faw had more the characteristic features of deceit and illufion." Surely when reputation, liberty, property, or life, may be aimed at, every man, of every degree, has a right to demand the precife unequivocal meaning; left a trap be laid for him in the dark, and he fall into a covered pit.

The only reafonable mode of afcertaining this, is to examine the import of the terms employed, if they convey fixed ideas, divested of all ambiguity. But the perfon who attempts it, will find himself greatly at a lofs. He must conclude thofe to be wicked and feditious writings, which attack the conftitution, civil or religious,--would alienate men's minds from the laws, or make them diftrust the wisdom and integrity of parliament, that tend to vilify certain acts of fettlement, &c. But if he is dif pofed to carry his enquiries a little beyond the mere found of fpecious words; if he asks, what is meant by that conftitution, civil or religious?-What are thefe laws?---Are all British laws, without exception, to be held fa❤ cred? Is all oppofition to thefe, or are all attempts to amend the conftitution, or change any of thefe laws,--wicked and feditious?---What amounts to this, and what may be lawful and competent? Is the religious conflitution one, or more than one? If the latter, whether is it the one or the other of the two, or both of them, that may not be impugned or written against with impunity? Is that double conftitution in concord, or at variance with itself? If there be any oppofition or inconfit.ncy in its complex frame, muft not the law, and the judgment, refpecting libels, be as oppofite and incongruous! If the conftitution and laws ecclefiaftical be one thing in one part of Britain, and quite different in another, must not the construction of the libel vary according to the site of

the publisher,fo that it can no longer be determined from the matter or contents, but must be defined by south or north, and measured, extended, or limited, by the geographic fcale and compafs? And muft not a proclamation that fpeaks the fame language,without exception to, all perfons, and places, while it must bear a very different meaning in the different parts of the united kingdom, be jufty termed, ambiguous and infidious? He that will try to fatisfy himself or others, about fuch doubts as these, will readily be embarraffed," aut erit mihi magnus Apollo,"

There are few words more equivocally employed or capable of a more abufive ufe than the Conftitution, whether applied to church or ftate. It has ferved equally the purposes of all parties; and scarce any two writers or fpeakers will be found to entertain exactly the fame view of it. It is often ufed apparently with fearce any meaning at all. "We have feen a number of our countrymen," faid a fenfible writer, "held fo faft engaged by the word Church, while it has been tofs'd to and fro by their defigning leaders, that they could not perceive, how they were tricked out of their religion, their civil libertes, and their very fenfes themselves. And with equal abfurdity, to what boundlefs zeal and extravagant pafhion are many perfons deluded, by the like juggling ufe of the word Conftitution, against things every way just and lawful in themfelves and even neceflary to their own interft and happiness? When the moft neceffary meafures have been taken for the public fafety, against fuch dangers as threatened all that was valuable to us, a loud cry of the conftitution has been raised, and grown ftrong in the mouths of fome men who are enemies to our own as the most effectual way to cover themselves and their ill defigns against it; or elfe as the most plaufible pretence to palliate them afterwards. In like manner, if the mot difinterefd and promifing methods be propofed or attempted for rectifying any diforders which are crept into the Church, or for healing its unhappy breaches, and the firmer union of Proteftants among themfelves; when every other plea is filenced, bigots take refuge in the fuppofed conftitution, as a ne plus ultra,"

The fame writer having obferved, that, in the State, the principal and moft proper fenfe of the word is, to denote that form of power and authority in the fociety, whereby all its public acts are determined; and that which way foever the fociety declares the public will, that is truly the conftitution; whether it be in the mode of monarchy, of ariftocracy, a commonwealth, or a mixed government,proceeds to fhow," that it is not properly an alteration of the conflitution, when the legiflature makes fome change either in the branches of power allotted to the feveral parts of which itself consists, or in the way and manner by which perfons fhall come into a fhare in the government. When our kings have given up by act of parliament fome parts of their peculiar power and prerogative, the conftitution itfelf remains entire, and is divefted of none of its power.---So in all times the legislature has afferted its right to limit the fucceflion of the crown, and in fact, has always fet afide the next heir, and advanced another, when it was apparently neceffary for the public advantage,---and in every age fome new provifions have appeared neceflary, and accordingly have been enacted, for regulating the elections of the people's reprefentatives, without the least infringement of the conftitution."

"Having stated the most true and famous fenfe of the word, I must observe farther, that it is fometimes applied, and may be fo in a larger and more improper fenfe, to the particular laws cftablifhed by the fupreme power for the direction and government of the fociety. The former may be termed the constitution constituting, and this the constitution constituted. But every particular law, or if you please to call it Conftitution, is fubject to the wife review and amendment of the legiflature in any period of time. Every law in force, of what kind foever it be, till it is repealed, is equally a part of the conftitution, in this fenfe: for it makes a part of the established rule to the obfervation of which the fociety is obliged. And yet no man doubts the power of the legislature in a thoufand cafes to alter the laws in being. And the fame fovereign power, which can alter fome, cannot be debarred for the fame reason from repealing any particular ftatutes that are judged fit to be repealed. Upon this ground,

it is a maxim in all governments, that the legiflature can never bind itfeif: not only as it has always the fame authority, and therefore may hereafter declare the public will with as much validity as at prefent: but principally because the end of government is to provide for the good of the fociety in all future cafes, as well as in the prefent; and to have the National will and power in readi nefs from time to time to act in such a manner as shall be moft for its fervice. The conftitution must have a power, infeparable from it, to preferve itfelf. Some laws indeed have a peculiar folemnity; and either by the long prefcription they have to plead, or by the general dependance which the people have upon them as the barrier of their liberties, or from the conftant engagement of our kings to maintain them, have a facredness famped upon them beyond others; and therefore it may be hoped will never be violated by a good government. Such is MAGNA CHARTA.-What is now ftipulated in favour of the Scots by the Union, it would feem unjust for a British parliament to alter, because the other has yielded up its power to the English: and for them to take the advantage of having acquired a fuperior ftrength, is to make the weakest go to the wall. But for other alterations, the fupreme power can be under no limitation, befides a regard to the public good. Tis indeed the excellence of a conftitution to be fo formed, as that it can vary itself, & bend to the exigence of things. It is beyond any human forefight to provide against all future evils by any one form, which should have no referves of power to fecure itself when worn by age, or embarraffed with new and unforeseen difficulties. If upon trial and experience, or by variation of circumftances, an old law becomes inconvenient and injurious, a man cannot flew himfelf a greater patriot than by endeavouring, in a legal way, to have it repealed. The cuftom of the Locrians, that whofoever propofed to make a new law, fhould do it with a rope about his neck, as one who must reckon upon being hanged immediately, if his propofition were not received, carries too much abfurdity in it, ai d muft inure people to fo flavish an addictednefs to the old MUMPS MUS, that if he who firft propofed this for one of their standing laws had done it in the fame circumftance, I should

heartily have given my vote for making him the first inftance of his own foolish Propofal.

"A mighty clamour has been raised of late, about the alteration or fufpenfion of fome laws, upon occafion of the rebellion: fuch as the act for Triennial par liaments; the Habeas corpus act. We have been told with all the gravity in the world, that these things fapp'd our foundations, and overturned the conftitution. But nothing can be more evident, than that the conftitution, properly fpeaking, is not concerned in the matter. The only queftion upon thefe, as upon any other particular laws, must be about the reafonablenefs and expediency of fuch alterations for the national intereft.-Our history informs, the time of the fitting of parliaments has often been altered by the legislature:-the law for Triennial parliaments was obtained in the reign of king William; and without doubt was efteemed then a valuable priviledge gained for the people, whatever other views fome of the chief promoters of it at that time might have.However, that the prefent state of the nation, and the fpirit of the rebellion required this expedient, I believe is doubted now by very few who are well affected to our prefent fettlement. For the fufpenfion of the Habeas corpus act, as it was evidently juftified by the fame neceflity, fo the tender ufe the government has made of it, and the forbearing to continue it any longer, than till the public ferment was laid, and the moft imminent. danger over, are undeniable evidences that there was no farther defign in it against the liberties of particular fubjects, than was abfolutely neceffary to fave the liberties and religion of the whole kingdom."

We have been the larger in this extract, not only on account of the juftnefs and importance of the fentiments, but alfo for the relation it bears to fome part of 'the prefent difputes which have raifed fuch a ferment in the nation. The above was reckoned good conftitutional doctrine, at leaft by all British whigs, long before Payne was heard of, or the late motion for a Parliamentary reform. In one of the inftances mentioned, we have clear evidence of the difpofition of parties to cry out danger to the conftitution, on both fides of the very fame question.

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