Differtation on CICERO'S MUSEUM. CICE L'Abate VENUTI. ICERO was about forty-three years of age, when he conceived the thoughts of forming a library, together with a collection of antiques. Having filled the moit arduous and fplendid pofts of the commonwealth with diftinguifhed merit, his next step would of course have been the confulfhip; but being aware of the calamities with which his country was threatened, and reflecting that there is a time in life when retirement and quiet are the moft defirable goods, he immediately fet about the means of fweetening his decline amidst the impending convulfions, of the times. "Do not," fays he, writing to his intimate friend Titus Pomponius Atticus, then refiding at Athens, "do not, on any account pro"mife or difpofe of your library : "turn the deaf ear to whatever offers "may be made to you on that head; "it is a refource which I am bent on "procuring for myself in my old age, " and I am even now making the pro"per difpofitions for fuch an acqui"fition." From the Italian of tent equal to that of the Roman empire; his head was, at that time, totally taken up with ideas of grandeur and antepafts of government. But Cicero, like fome perfons in our days, philofophized and had little of the philofopher in him. The Roman orator laid himself out with no lefs eagerness in procuring fine pieces of antiquity, than in buying up choice books. "You are no stranger "to my museum," fays he in another letter to Atticus, "fo endeavour to procure me pieces fit to figure there, "and fuch as will be proper ornaments "to it; I conjure you, for our friend"fhip's fake, fecure every thing you may meet with really curious and "rare." To Fabius Gallus he fays, "I never fail purchafing all the statues, "which may embellifh the foene of my " ftudies." Atticus having informed him, that he should soon fend him a very fine fculp, on which were the heads of Mercury and Minerva, Cicero anfwers with rapture, "What an inva"luable difcovery! the ftatue you "mention was made quite on purpose "for my mufeum; Mercuries you "know are set up in all places of ex"ercife, and the Minerva will be the more fuitable to this, as being def"tined folely to ftudy. Go on, ac"cording to your promise to collect as Cicero's intention was to place his library in his feat near Tufculum, which, to ufe his own expreffion, he not only delighted in, but the bare thoughts of it gave him inexpreffible complacency. That great man held the country to be the only fuitable afylum for a philofopher. The falubrity of the air, the repofe, the freedon, the stillnefs, every thing there indeed difpofes to ftudy and reflection. Cicero's paffion for books was grow ing daily on him, "It is, fays he, in a letter to the fame friend, equal to the hearty difguft with which I am filled towards all other worldly things;" but either Cicero belied his heart in writing fo, or he was farther advanced in years than is commonly apprehended; at the age of forty-three, he was within reach of the fum nit of his wifhes; and being, at length, on the point of step." ping into that dignity which conftituted the fole fcope of his labours and his ambition, a dignity which was to fet" every thing you have met with for him at the bead of the republic, and "the decoration of my ftudy. I rely inveft him with an authority of an ex- "on your friendship for me, and your many as you can poffibly meet with." He was perpetually writing to all those of his friends, whom he thought in the way of gratifying his curiofity, and waited their answer with that impatience which fo frequently breaks out in fome of our modern virtuofos. Poor Atticus, especially, was pestered with letters. "Let me have, with all pof"fible difpatch, the acquifitions you "have made for my academy; the "bare idea of thofe marble Termini with bronze heads, mentioned in "your laft letter, fill me with raptures of exultation; once more, fee that I "have them without delay, together "with other statues, and, in a word, fine : Junius on the Privileges of the House of Commonsi fine tafte.You cannot conceive the ardor of my paffion for fuch things to fome it may feem ridiculous, but you, as my friend, are to ftudy to pleafe it." "Readily buy up for me," fays he in another place, "x every curiofity that comes under <i your eye, and don't fpare my purse." Could the most enthufiallic virtuofo go beyond this? It brings to my mind a prelate of the Strozzi family, who, being about purchafing at Rome an intaglia of exceeding beauty, and not able to pay the money down, immediately pledged his coach and horfes, and owred that he would rather trudge on foot all the days of his life, than hove miffed of that jione. T JUNIUS on the Privileges O write for profit without taxing the prefs; to write for fame and to be unknown;-to fupport the intrigues of faction, and to be difowned, as a dangerous auxiliary, by every party in the kingdom, are contradictions, which the minifter mut reconcile, before I forfeit my credit with the public. I may quit the fervice, but it would be abfurd to fufpect me of defertion. The reputation of thefe papers is an honourable pledge for my attachment to the people. To facrifice a refpected character, and to renounce the esteem of fociety, requires more than Mr. Wedderburne's refolution; and though in him, it was rather a profeffion than a defertion of his principles [I peak tenderly of this gentleman, for when treachery is in queftion, I think we should make allowances for à Scotchman] yet we have feen him in the House of Commons overwhelmed with confufion, and almoft bereft of his faculties. But in truth, Sir, I have left no room for an accommodation with the piety of St. James's. My offences are not to be redeemed by recantation or repentance. On one fide, our warmelt patriots would difclaim me as a burthen to their honeft ambition. On the other, the vileft proftitution, if Junius could defend to it, would lofe its natural merit and influence in the cabinet, and treachery be no longer a recommendation to the royal favour. The perfons, who, till within thefe few years, have been moft dißinguifhed by their zeal for high church and prerogative, are now, it feems, the great allertors of the privileges of the Houfe This fudden alteration of Commons. VOL. VI. of the HouEs of COMMONS. of their fentiments or language carries with it a fufpicious appearance. When I hear the undefined privileges of the popular branch of the legislature exalted by Tories and Jacobites, at the expence of thofe ftrict rights, which are known to the fubject and limited by the laws, I cannot but fufpect, that fome mischievous fcheme is in agitation, to destroy both law and privilege, by oppoting them to each other. They who, have uniformly denied the power of the whole legiflature, to alter the defcent of the crown, and whofe anceftors, in rebellion against his Majesty's family, have defended that doctrine at the hazard of their lives, now tell us that privilege of parliament is the only, rule of right, and the chief fecurity of the public liberty.-I fear, Sir, that, while forms remain, there has been fome material change in the fubitance, of our conftitution. The opinions of thefe men were too abfurd to be so eafily renounced. Liberal minds are open to conviction - Liberal doctrines are capable of improvement.-There are profelites from atheifin, but none from fuperftition. If their prefent profeffions were fincere, I think they could not but be highly offended at feeing a queftion, concerning parliamentary privilege, unneceffarily started at a feafon fo unfavourable to the House of Commons, and by fo very meat and infignificant a perfon as the minor Ouflow. They knew that the prefent Houfe of Commons, having commenced hoftilities with the people, and degraded the authority of the laws by their own example, were likely enough to be rented per fas et nejas. If they were really Τ friend 146 I have been filent hitherto, tho' not from that fhameful indifference about the interests of fociety, which too many of us profefs, and call moderation. I confefs, Sir, that I felt the prejudices of my education, in favour of a Houfe of Commons, ftill hanging about me. I thought that a queition, between law and privilege, could never be brought to a formal decifion, without inconvenience to the public fervice, or a manifeft diminution of legal liberty, and ought therefore to be carefully avoided and when I faw that the violence of the House of Commons had carried them too far to retreat, I determined not to deliver a hafty opinion upon a matter of fo much delicacy and importance. : The ftate of things is much altered in this country, fince it was neceffary to protect our reprefentatives against the direct power of the crown. We have nothing to apprehend from prerogative, but every thing from undue influence. Formerly it was the intereft of the people, that the privileges of parliament fhould be left unlimited and undefined. At prefent it is not only their intereft, but I hold it to be ef fentially neceflary to the prefervation of the constitution, that the privileges of parliament should be strictly afcertained, and be confined within the narroweft bounds the nature of their inftitution will admit of. Upon the fame principle, on which I would have refifted prerogative in the last century, I now rent privilege It is indifferent to me, whether the crown, by its own immediate act, impofes new, and difpenfes with old laws, or whether the fame arbitrary power produces the fame effects through the medium of the Houfe of Commons. We trufted our reprefentatives with privileges for their own defence and ours. We cannot binder their defertion, but we can prevent their carrying over their arms to the fervice of the enemy.It will be faid, that I begin with endeavouring to reduce the argument concerning privilege to a mere question of conve of the House of Commons. nience;-that I deny at one moment what I would allow at another; and that to refift the power of a prostituted House of Commons may eftablish a precedent injurious to all future parliaments. To this I anfwer generally, that human affairs are in no inftance governed by ftrict pofitive right. If change of circumftances were to have no weight in directing our conduct and opinions, the mutual intercourfe of mankind would be nothing more than a contention between pofitive and equitable right. Society would be a state of war, and law itfelf would be injuftice. On this general ground, it is highly reasonable, that the degree of our fubmiffion to privileges, which have never been defined by any pofitive law, fhould be confidered as a question of convenience, and proportioned to the confidence we repofe in the inte grity of our reprefentatives. As to the injury we may do to any future and more refpectable Houfe of Commons, I own I am not now fanguine enough to expect a more plentiful harvest of parliamentary virtue in one year than another. Our political climate is feverely altered; and without dwelling upon the depravity of modern times, I think no reasonable man will expect that, as human nature is constituted, the enormous influence of the crown fhould ceafe to prevail over the virtue of individuals. The mifchief lies too deep to be cured by any remedy, less than fome great convulfion, which may either carry back the conftitution to its original principles, or utterly deftroy it. I do not doubt that, in the firit feffon after the next election, fome popular menfures may be adopted. The prefent Houfe of Commons have injured themfelves by a too early and public profeffion of their principles; and if a train of prostitution, which had no example, were within the reach of emulation, it might be imprudent to hazard the experiment too fcon. But after all, Sir, it is very immaterial whether a Houfe of Commons fhail preferve their virtue for a week, a month, or a year. The influence, which makes a feptennial parliament dependent upon the pleafure of the crown, has a permanent operation, and cannot fail of fuccefs. My premifes, I know, will be Junius on the Privileges of the House of Commons. be denied in argument, but every man's confcience tells him they are true. It remains then to be confidered, whether it be for the intereft of the people that privilege of parliament (which, in refpect to the purposes, for which it has hitherto been acquiefced under, is merely nominal) fhould be contracted within fome certain limits, or whether the fubject fhall be left at the mercy of a power, arbitrary upon the face of it, and notoriously under the direction of the crown. I do not mean to decline the queftion of Right. On the contrary, Sir, I join iffue with the advocates for privilege, and affirm, that, “excepting the cafes, "wherein the House of Commons are a "court of judicature, [to which, from "the nature of their office, a coercive power muft belong] and excepting "fuch contempts as immediately in"terrupt their proceedings, they have "no legal authority to imprifon any "man for any fuppofed violation of "privilege whatsoever." It is not even pretended, that privilege, as now claimed, has ever been defined or confirmed by ftatute; neither can it be faid, with any colour of truth, to be a part of the common law of England, which had grown into prefcription long before we knew any thing of the exif. tence of a Houfe of Commons. As for the law of parliament, it is only another name for the privilege in queftion; and fince the power of creating new privileges has been formally renounced by both houfes,-fince there is no code, in which we can ftudy the law of parliament, we have but one way left to make ourselves acquainted with it ;that is, to compare the nature of the inftitution of a Houfe of Commons with the facts upon record. To eftablifh a claim of privilege in either houfe, and to distinguish original right from an ufurpation, it must appear that it is indifpenfably neceffary for the performance of the duty they are employed in, and alfo that it has been uniformly allowed. From the first part of this defcription it follows clearly, that whatever privilege does of right belong to the prefent Houfe of Coinmens, did equally belong to the first alembly of their predeceffors, was as 147 compleatly vefted in them, and might * In the years 1593--1597--and 1601. 149 Junius on the Privileges of the House of Commons. houfe of commons? The question is anfwered directly by the fact.-Their unlawful commands are refifted, and they have no remedy. The imprifonment of their own members is revenge indeed, but it is no affertion of the privilege they contend for. Their whole proceeding ftops, and there they ftand, ashamed to retreat, and unable to advance. Sir, thefe ignorant men fhould be informed, that the execution of the laws of England is not left in this uncertain, defenceless condition. If the procefs of the courts of Westminfter-hall be refifted, they have a direct courfe, fufficient to enforce fubmiflion. The court of King's Bench commands the fheriff to raise the Poffe Comitatus. The courts of Chancery and Exchequer iffue a Writ of Rebellion, which muft alfo be fupported, if necellary, by the power of the county. I know there are many precedents of arbitrary commitments for contempt; but, befides that they are of too modern a date to warrant a prefumption, that fuch a power was originally vefted in the House of Commons.---Fact alone does not conftitute Right. If it does, general warrants were lawful. An ordinance of the two houfes has a force equal to law; and the criminal jurif. diction affumed by the Commons in 1621, in the cafe of Edward Lloyd, is a good precedent, to warrant the like proceedings against any man, who fhall unadvitedly ention the folly of a king, or the ambition of a princefs. The truth is, Sir, that the greatest and most exceptionable part of the privileges, now contended for, were introduced and afferted by a Houfe of Commons which abolished both monarchy and peerage, and whofe proceedings, although they ended in one glorious act-To whom will our honeft reprefentaof fubftantial juftice, could no way be reconciled to the forms of the conftitution. Their fucceflors profited by the example, and confirmed their power by making e moderate or popular ufe of it. Thus, it grew by degrees, from a notorious innovation at one period, to be tacitly admitted as the privilege of parliament at another. If however it could be proved, frem confiderations of neceffity or convenience, that an unlimited power of commitment ought to be intrufted to the house of commons, and that in fact they have exercifed without oppofition, ftill, in contemplation of law, the prefumption is strongly againft thom. It is a leading maxim of the laws of England, (and, without it, all Jaws are nugatory) that there s no right without a remedy, nor any legal power without a legal courfe to carry it into effect. Let the power now in queftion, be tried by this rule.The peaker ilues his warrant of attachment, the party attached either refifts force with force, or appeals to a magiftrate, who declares the warrant illegal and difcharges the prifoner. Does, the law provide no legal means for enforcing a legal warrant? Is there no regular proceeding pointed out in our law books to alert and vindicate the authority of fo high a court as the tives direct their writ of rebellion? The guards, I doubt not, are willing to be employed, but they know nothing of the doctrine of writs, and may think it neceflary to wait for a letter from Lord Barrington. It may now be objected to me, that my arguments prove too much; for that certainly there may be inftances of contempt and infult to the Houfe of Commons, which do not fall within my own exceptions, yet in regard to the dignity of the houfe, ought not to pafs unpunished. Be it fo.-The courts of criminal jurifdiction are open to profe cutions, which the Attorney General may commence by information or indictinent. A libel, tending to alperfe or vilify the Houfe of Commons, or any of their members, may be as feverely punished in the Court of King's Bench, as a libel upon the King, Mr. De Grey thought fo, when he drew up te information upon my letter to his Majefty, or he had no meaning in charging it to be a candalous libel upon the Houfe of Commons. In My opinion, they would confult their real dignity much better, by appealing to the laws when they are offended, than by violating the fir principle of natural juftice, which forbids us to be judges, when we are partics to the caule. |