 rather Prerogative) of the House of Peers consists in their being
the supreme Court of Judicature,
to whom the final Decision of all Civil-Causes are confided and referred,
in the last Resort.
This
constitutional Privilege
is a weighty Counterpoise to his Majesty's
second Prerogative of appointing the Administrators of Justice throughout the Nation;
forasmuch as Judges (who are immediately under the Influence of the Crown) are yet intimidated from infringing, by any Sentence, on the Laws or Constitution of these Realms, while a Judgment, so highly superior to their Own, impends.
The second great Privilege of the House of Peers consists, in their having the Sole Judicature of all Impeachments commenced and prosecuted by the Commons. And this, again, is a very weighty Counterpoise to his Majesty's
third Prerogative of the executive Government of these Nations by his Ministers,
since no Minister can be so great, as not justly to dread the coming under a Judgment, from which the Mightiness of his royal Master cannot protect him.
The third capital Privilege of the House of Peers subsists in their Share, or particular Department of Rights, in the Legislature. This extends to the framing of any Bills, at their Pleasure, for the Purposes of good Government; saving always to the Commons their incommunicable Right of granting Taxes or Subsidies to be levied on their Constituents. But, on such Bills, as on all Others, the House of Lords have a Negative; a happy Counterpoise to the Power both of King and Commons, should Demands, on the one Part, or Bounties, on the Other, exceed what is requisite.
The Change of the ancient
Modus,
in conferring Nobility, has not hitherto, as I trust, been of any considerable Detriment to the Weal of the People. But, should some future Majesty, or rather some future Ministry, entitle Folk to a Voice in the second Estate, on any consideration, save that of eminent Virtue and Patriot-Service; might it be possible that such Ministers should take a further Stride, and confer
Nobility
for Actions deserving of
Infamy;
should they even covenant to grant such Honours and Dignities, in lieu of Services subversive of the Constitution; a Majority of such a Peerage must either prove too light to effect any public Benefit, or heavy enough to effect the public Perdition.
The DEMOCRATICAL; or, THIRD ESTATE.
THE ELECTION of Commoners, to be immediate Trustees and apt Representatives of the People in Parliament, is the hereditary and indefeisible Privilege of the People. It is the Privilege which they accepted and which they retain, in Exchange of their originally inherent and
