These were cafes in which the House had interpofed its voice, furely as authoritatively as they had done in the prefent inftance; for they had not now fufpended law; they had not now given any other fufpenfion than a folemn advice; and certainly a folemn monition and advice of that Houfe would, as it ought, have its influence on any public body of men in the kingdom. He said it was his intention to propofe to the House fix refolutions, and he would read them. Their purport was to declare, that it was illegal in either of the diftinct branches of the Legiflature to fufpend the operation of an act of Parliament. That that Houfe did not by the refolution of the 24th of December laft deprive the Lords of the Treafury of the exercise of the difcretionary powers vefted in them by the act of Parliament, but merely advised them in the exercife of their difcretionary power for the fupport of public credit, and the interefts of their conftituents. That it was the clear and undisputed privilege of that House to interpofe its voice, and to give its opinion and admonition, either to the public Boards, or other bo'dies of men invefted with difcretionary powers, when they faw reafon to advise the fufpenfion, or to direct the exercife of thofe powers. That their refolutions, though they poffeffed not the authority of law, were of that folemn nature, that it was the duty of the public Boards to pay refpect to, and to be guided by them. His Lordship, for the fake of fairness, and that the Houfe might the more readily comprehend the whole of his purpose, read his fix refolutions as follow: I. "That this Houfe hath not affumed to itself any right to fufpend the execution of law." 2. "That it is conftitutional and agreeable to usage, for the House of Commons to declare their fenfe and opinions refpecting the exercife of every difcretionary power, which, whether by act of Parliament or otherwife, is vefted in any body of men whatever for the public fervice." 3. "That it is a duty peculiarly incumbent upon this House, entrusted by the Conftitution with the fole and feparate grant of the public money, to watch over, and by their timely admonitions and interference, to endeavour to prevent the rash and precipitate exercife of any power, however vested, which may be attended with any danger to public credit, or with heavy loffes to the revenue, and confequent burdens upon the public.' 4. "That 4. "That the refolution of the 24th of December last, which declared the fenfe and opinion of this Houfe, That the Commiffioners of the Treafury ought not to give their confent to the acceptance of any bilis drawn, or to be drawn from India, until it fhall be made appear to this Houfe that fufficient means can be provided for the payment of the fame when they refpectively fall due, by a regular application of the clear effects of the Company, after difcharging, in their regular course, the customs and other fums due to the public and the current demands upon the Company, or until this Houfe fhall otherwife direct,' was conftitutional, founded in a fenfe of duty towards the people of this kingdom, and dictated by a becoming anxiety for the prefervation of the revenue and the support of public credit." 5. "That if this Houfe had, in the unfettled state of the Eaft-India Company, which was, and ftill is under the confideration of Parliament, in order to form fome provifions for the relief of that Company and the fecurity of the public, neglected to pafs the faid refolution of the 24th of December, to guard against a new charge to a very confiderable amount being rafhly incurred before any means of anfwering it had been stated or provided, they would have been justly and highly refponfible to their conftituents for the increafe of thofe evils and difficulties which are already too feverely felt." 6. "That this Houfe will, with the utmost moderation, but with the most decided firmnefs, maintain inviolably the principles of the Conftitution, and will perfevere in the diligent and confcientious difcharge of the duties which they owe to their conftituents and to their pofterity, equally folicitous to preferve their own privileges, and to avoid any encroachments on thofe of either of the other branches of the Legislature." He concluded with moving the first of the resolutions. Mr. Macdonald and Sir Grey Cooper were both upon their legs at once; but Sir Grey declaring he rose to second the motion, Mr. Macdonald fat down. Sir Grey Cooper faid, the clear and manifeft object and purpose of the Lords' refolution, then under the confideration of the Houfe, was to imprefs the minds of the people, and of the whole nation, with a perfuafion that that House had, by its refolution of the 24th day of December laft, tranfgreffed the limits of the power and the rights al lotted lotted to it by the conftitution. The inevitable confequence of it was to degrade the character, and to diminish the juft weight and authority of that Houfe, to lower the value of its confidence, and to justify the difregard with which its refolutions had been, and continued to be treated, even by its own members, contrary to the practice and example of all former times. Sir Grey faid, he was not at liberty to fuppofe or fuggeft that it was the deliberate intention of the House of Lords, that their resolution should have such a tendency and fuch a confequence, because he was not yet at liberty to conceive that a majority of the Lords would confent to lend their dignity, the fame of their wisdom, and the mighty space of their great honours, to serve the purpose of a temporary expedient, or to anfwer the fpur of a particular occafion. He could not yet believe that they would condefcend to compromise the most effential rights and privileges of Parliament for an object and a question fo comparatively flight and trivial as the removal or continuance in office of any Minifter, or any fet of men; they muft, therefore, by the rules of parliamentary candour and decorum, take it for granted, that this interpofition of the Lords was made on the broad public ground of their anxious and vigilant care for the confervation of the conftitution, and he would not hesitate a moment in giving his full affent to this conceffion, if, as was obferved upon the opening of this matter with the usual acuteness and penetration of the honourable member who made the obfervation, the Lords had not withheld their cenfure of that House's pretended breach of the conftitution, from the 20th of January, the day on which they met after the recefs, to the 4th of February; and if their anxiety for this important public confideration had not flumbered, until it was roufed by certain refolutions which were moved and voted by the House, to the difpleafure and offence of His Majefty's Minifters. He could not forbear obferving, by the way, how fingular it was, that their Lordships fhould have been pleased to select and mark out this refolution of the 24th of December laft, for the object of their animadverfion. In the days of high prerogative, that House had been enjoined not to meddle with matters of state, and had been told by Kings and by Chancellors, that religion and the af fairs of the Church were above the understanding of the Commons; but it was reserved for these times to condemn the House of Commons for declaring its opinion on the ex ercife ercife of a difcretionary power, on which might depend the state of public credit, the amount of the fupplies of the year, and the neceffity of laying heavier burdens on its conftituents. It was fome confolation however to them, that although the thunder was directed against them by powerful eloquence and formidable abilities, they were covered by the ægis of Minerva; that among other great and refpectable Peers, the Lord Chief Juftice of England, of as high and confummate talents, knowledge, wifdom, and experience, as ever fat on the bench or in the fenate, and that another great Law Lord, whofe powers of eloquence and reasoning, whofe fhining abilities, and whose particular attention to the law and ufage of Parliament, that House had often liftened to with pleasure and inftruction, oppofed, fpoke, and voted against this refolution. They were, Sir Grey declared, now upon their juftification in the iffue which was joined by the fourth refolution which had been moved by the noble Lord, and they made it with the fame temper and moderation which had hitherto accompanied all their fteps in this business, and which was so wifely recommended to them when they firft received an authentic account of the charge exhibited against them; they had given time for those fenfations which naturally rofe upon a fudden, unexpected, and, as they conceived, unprovoked attack, to fubfide and to be compofed; and they trufted, that they were now proceeding with that cool and calm conftancy of mind, which most became every private man, and every body of men, when they were engaged in any arduous conteft, and particularly in the article of any imminent danger. It must be admitted, that the best rule for deciding the queftion in iffue between the Lords and the House of Commons, was the law and ufage of Parliament; and that the best evidence of that law and ufage were frequent and authentic precedents, drawn from good times: but befides the authority of precedents, they conceived that their refolution of the 24th of December last was juftified on the cleareft ground of principle and reafon, and that the power, which was so heavily cenfured, was, by the principles of the conftitution, neceffarily inherent in both Houses of Parliament; that it was eflential for that Houfe to have fuch a power in the execution of the trufts repofed in it by its conftituents; in its fuperintendency of executive government, and of the acts of thofe who can and may do wrong; in its inquifito .rial rial character, and in its guardianship of the public revenue, and, above all, in its legislative capacity. There was a principle, Sir Grey faid, which pervaded and illustrated all the precedents: in all cafes, and in every manner, upon which any proceeding had been inftituted, and when the. House was in the progrefs of any enquiry, upon the refult of which either a charge might be formed, or a bill brought in, and there arofe a juft apprehenfion that the purpofe of that enquiry might be defeated or perplexed by the exercife of any difcretionary power vefted by law in any per fon, or in any body of men, or where, without any pred vious enquiry, it fhould appear to the Houfe, that the pub lic fafety or interest might incur any danger, or the reli gion, revenue, or commerce of the kingdom might suffer any prejudice by an improvident exercife of fuch powers, the Houfe had been in the immemorial, and hitherto un controverted ufe and practice, and had confidered it as its duty to interpofe by refolutions, declaratory of its opinions, and as notifications of the fenfe of the Houfe, of the particular circumstances of the café, which might be thought proper for its interpofition, by way of advice, warning, or monition to the fervants of the Crown, and to all others, to whom difcretionary powers were trusted for the public fervice, and even in fome fpecial cafes to the courts of juftice. That Houfe had never affumed, or at-. tempted to affume, a right to fufpend the execution of law, or the exercife of difcretionary powers; but it did claim a right, and contended that it could not execute its trufts without fuch a right, to pass monitory resolutions on the exercise of fuch powers, and to declare its opinion that they ought not to be exercised in the fituation and circumftances of things at the time of paffing the refolution, or until the House should take the matter under its farther confideration. If those who had the power, did not take the advice or warning of the refolution, their acts were unquestionably good and valid in law, whatever might be the confequence to the public, or however thofe who did the act might be confidered as refponfible to the Houfe for their conduct. The noble Lord had explained many of the precedents with great clearness and precision, and he requested the permiffion of the House to comment upon two or three of them, which appeared to him to require fome farther explanation. The precedent of the 12th of February, 1628, was very imperfectly stated in the Journals, and |