measures, which remained imperfect the last "session."*

The speech was made on the 23d of November; on the 25th, the duke of Buckingham brought the bill into the house, where it was opposed by lord Cowper only. It was committed on the 26th, ingrossed on the 28th, passed the 30th, and sent down to the house of commons on the 1st of December. At this period the bill had undergone no alteration from that proposed in the last session; but it was understood, that to conciliate the commons, the king was willing to give up another branch of his prerogative, that of pardoning in cases of impeachment, and the lords would wave their privilege of scandalum magnatum.‡

This memorable bill was read a second time on the 8th of December,§ and a motion made for committing it, gave rise to a long and warm debate. It was principally supported by Craggs, secretary of state, Aislabie, chancellor of the exchequer, Lechmere, attorney-general, and Hampden; it was opposed by Sir Richard·

Words spoken in derogation of a peer, a judge, or other great officer of the realm, are called scandalum magnatum, and, though they be such as would not be actionable in the case of a common person, yet when spoken in disgrace of such high and respectable characters, they amount to an atrocious injury, which is redressed by an action on the case, founded on many ancient statutes; as well on behalf of the crown to inflict the punishment of imprisonment on the slanderer, as on behalf of the party to recover damages for the injury sustained.-Blackstone's Commentaries. B. 3. C. 8. § See Journals.-Chandler, by mistake, says the 7th,

Steele in a very masterly speech, by Smith, Sir John Packington, Methuen, and Walpole.

On this occasion he forsook his usual mode of debating, which was seldom decorated with metaphorical ornaments, and, with great animation, began his speech by introducing this classical allusion:

"Among the Romans, the temple of fame was placed behind the temple of virtue, to denote that there was no approach to the temple of fame, but through that of virtue. But if this bill is passed into a law, one of the most powerful incentives to virtue will be taken away, since there will be no arriving at honour, but through the winding-sheet of an old decrepit lord, or the grave of an extinct noble family: a policy very different from that glorious and enlightened nation, who made it their pride to hold out to the world, illustrious examples of merited elevation.

Patere honoris scirent ut cuncti viam.

"It is very far from my thoughts to depreciate the advantages, or detract from the respect due to illustrious birth; for though the philosopher may say with the poet,

Et genus et proavos, et quæ non facimus ipsi,

Vix ea nostra voco ;

yet the claim derived from that advantage, though fortuitous, is so generally and so justly conceded, that every endeavour to subvert the principle, would merit contempt and abhorrence. But though illustrious birth forms one undis

puted title to pre-eminence, and superior consideration, yet surely it ought not to be the only one. The origin of high titles was derived from the will of the sovereign to reward signal services, or conspicuous merit, by a recompence which, surviving to posterity, should display in all ages the virtues of the receiver, and the gratitude of the donor. Is merit then so rarely discernible, or is gratitude so small a virtue in our days, that the one must be supposed to be its own reward, and the other limited to a barren display of impotent good-will? Had this bill originated with some noble peer of distinguished ancestry, it would have excited less surprise; a desire to exclude others from a participation of honours, is no novelty in persons of that class : Quod ex aliorum meritis sibi arrogant, id mihi ex meis ascribi nolunt.

"But it is matter of just surprise, that a bill of this nature should either have been projected, or at least promoted by a gentleman who was, not long ago, seated amongst us, and being admitted into the house of peers, is now desirous to shut the door after him.

"When great alterations in the constitution are to be made, the experiment should be tried for a short time before the proposed change is finally carried into execution, lest it should produce evil instead of good. But in this case, when the bill is once sanctioned by parliament, there can be no future hopes of redress, because the upper house will always oppose the repeal of • Lord Stanhope.

an act, which has so considerably increased their power. The great unanimity with which this bill has passed the lords, ought to inspire some jealousy in the commons; for whatever the lords gain, must be acquired at the loss of the commons, and the diminution of the regal prerogative; and in all disputes between the lords and commons, when the upper house is immutable, the lower must sooner or later, be obliged to recede.

"The view of the ministry in framing this bill, is plainly nothing but to secure their power in the house of lords. The principal argument on which its necessity is founded, is drawn from the mischief occasioned by the creation of twelve peers during the reign of queen Anne, for the purpose of carrying an infamous peace through the house of lords; but that was only a temporary measure, whereas the mischief to be occasioned by this bill, will be perpetual. It creates thirty-one peers by authority of parliament; and so extraordinary a step cannot be supposed to be taken without some sinister design in future. The ministry want no additional strength in the house of lords, for conducting the common affairs of government, as is sufficiently proved by the unanimity with which they have carried through this bill. If, therefore, they think it necessary to acquire additional strength, it must be done with views and intentions more extravagant and hostile to the constitution, than any which have yet been attempted. The bill itself is of a most insidious and artful nature. The immediate creation of

nine Scotch peers, and the reservation of six English peers for a necessary occasion, is of double use; to be ready for the house of lords if wanted, and to engage three times the number in the house of commons by hopes and promises.

"To sanction this attempt, the king is induced to affect to waive some part of his prerogative; but this is merely an ostensible renunciation, unfounded in fact or reason. I am desirous to treat of all points relating to the private affairs of his majesty, with the utmost tenderness and caution, but I should wish to ask the house, and I think I can anticipate the answer; Has any question been upon the tapis, such as no man would forgive the authors, that should put them under the necessity of voting against either side? Are there any misfortunes, which every honest man secretly laments and bewails, and would think the last of mischiefs, should they ever become the subject of public and parliamentary conversations? Cannot numbers that hear me testify, from the solicitations and whispers they have met with, that there are men ready and determined to attempt these things if they had a prospect of success? If they have thought, but I hope they are mistaken. in their opinion of this house, that the chief obstacle would arise in the house of lords, where they have always been tender upon personal points, especially to any of their own body, does not this project

2

He here probably alluded to the misunderstanding between the king and prince of Wales.