The lords spiritual are the two archbishops and twentyfour bishops of England, and four of Ireland. The right by which the English bishops enjoy seats in the upper house arises from holding, or being supposed to hold, certain baronies under the crown.

Two peers are sufficient to constitute a House of Lords; but as forty are needed to form a House of Commons, we perceive that here quality replaces quantity. This may also account for their sessions being so very short in comparison to those of the commons, in which we are so often obliged to seek "der langen Rede kurzen Sin."

Our impartiality compels us to quote the following words from Schomberg's "British Constitution:"-" It is but justice to this noble house to say, that for a long series of years, it has exhibited a degree of liberality, justice, and patriotism, which has never been equalled by any assembly that ever existed. It has never refused to give up the privileges of its members, wherever it has been shown that they stood in the way of public justice. They have, by their own free consent, so far reduced these privileges, that they have now the enjoyment of no more than is necessary for the due maintenance of the constitutional design of their house.”

118. Ecclesiastical Power in the British Constitution. As the bishops alone possessed in Alfred's time some of the sciences, other and more weighty reasons have influenced them to preserve the ecclesiastical power in the British constitution; for, it will scarcely be denied that this great institution, the church of England, is a part of it, and as a national establishment it is a bulwark of no common power. "It is worse than trifling to say that it is a creature of the state, or a mere engine for carrying on the purposes of government. It is as much a part of the constitution as the House of Lords or Commons, or even the monarchy itself. It has been said that the state could go on without it: so it undoubtedly would so it would, without the House of Lords, or even the monarchy. It would go on, because the course of society must proceed. But the question is— how would it go on? The constitution of England would have lost an integral part of its subsistence. If it be inquired, what part in the constitution it sustains ?—let it be answered, the most beneficial, the most benevolent, the most powerful. The legislative power acts for the general welware, by the enactment of beneficial laws; the judicial power, by the just application of them; the executive, by

duly and impartially enforcing them; but the ecclesiastical power, by informing the understanding, enlightening the conscience, infusing the moral vigour of Christianity amongst the mass of the citizens, and training them as candidates for immortality. It is impossible to calculate the influence of such an institution upon all ranks of society: it acts as a consolidating principle: it binds together the different parts of the body politic: it is, indeed, the citadel of the constitution. If God be the originator, founder, and preserver of society, it is the altar that sanctifies the temple of the social system: it strengthens the throne, nerves the arm of the magistrate, supports the laws, and blesses the people. It has been said that the church is allied to the state-an expression too often used without reflection. It is allied to the state in the same way that the monarchy is allied to the state, or the House of Commons: it is one of the elements of the constitution: it has been argued, that her churches and emoluments belong of right to the Romanists, by whom they were built and endowed. With as much truth might it be said, that the throne belongs to them, St. Stephen's Chapel, and the House of Lords. All have passed through their hands, and for each we have had equally to contend. It has also been asked why the present church, to the exclusion of all others, has been chosen to fill up this part of our constitution? It is answered-the present church has not been chosen: it is the oldest institution of the country it existed before the monarchy, or the lords, or commons, or the Popish church: it is nearly coeval with Christianity itself. The church of England we may consider as the true apostolical episcopacy, which has devolved to us through successive generations, delivered, at the Reformation, from the abuses imposed upon it during a long season of darkness, and, in a great measure, restored to its pristine excellence and beauty. The present ecclesiastical establishment is, therefore, in its own proper place in the constitution. It is not there by preference it has usurped no other church: it is not there by permission nor by compulsion: it is its own witness-its own legitimatizer: it has fulfilled and is now fulfilling the duties of its function in the constitution, if not with all the efficiency which might be expected from its resources, yet with admirable' consistency and advantage to the community. Its Liturgy is above all human praise; and, its enemies being judges, is nearly a perfect composition. But, whilst we hold that the church of England is the national church by ancient prescription

:

and right, yet, as adopted and authorized by the state as the legal organ for the administration of religion, it may be necessary, in a work of this kind, to lay down the argument on which such authority is exercised by the state. The end of government is to secure the existence of the body politic -to protect it, and to furnish the individuals who comprise it, with the power of enjoying, in safety and tranquillity, their social rights and the blessings of conventional existence. This end government effects, first, directly-by providing for the appointment and compensation of public officers in all departments, and for the making and administering of such laws as bear immediately upon personal security, liberty, and property; and, secondly, indirectly— by conducting such operations and appointing such institutions as shall have a tendency to make men better citizens: facilitate the enjoyment of their rights and property, extend the means of intellectual acquirements, and secure their social intercourse and happiness."

The above is quoted from Dr. Schomberg's "British Constitution;" but it would lead us too far to enter further into the arguments of the reverend author for maintaining that superior power.

Whether that superior power should be maintained at so extraordinary an expense by the British nation, we will not take upon ourselves to decide, but content ourselves with some lines from a work by Benjamin Flower, on the French constitution, in which the necessity of a reformation in the church and state is explained :

"The principle articles which we find in the constitution, respecting the church, are those which relate to the property, by which it has been hitherto supported, and to that property by which it is to be supported in future.

66

Property, destined to the expense of worship, and to all services of public utility, belongs to the nation, and shall at all times be at its disposal. The salaries of the ministers of the Catholic religion, who are paid, preserved, elected, or named in virtue of the decrees of the National Constituent Assembly, form a part of the national debt.

"To those whose minds are not tainted with prejudice, little need be said to prove the justice of the National Assembly on this occasion. If the legislative power of any country forms a church establishment, if the ministers of that establishment are paid like other servants of the public, it follows of course, that the same legislative power has the absolute right to all the public property by which the church

is at any time maintained. As this has been disputed, and as the assembly have been much reviled for thus declaring all church property the property of the nation, it may not be amiss if we inquire a little into the nature of ecclesiastical possessions; which inquiry may, perhaps, enable us properly to understand the subject.

"With regard to the property of the church of France, or any other established church, it may be divided into two classes: the first comprises that part which is immediately paid by the public; such as tithes, lands, or estates of any kind, appropriated by the supreme power for the maintenance of the said establishment. As to all this species of property, surely no one can dispute that the same power which gave, has a right to resume it. The clergy in all countries, have done, it is to be hoped, with the nonsense of Jus Divinum, and that they are too wise to talk of inherent right, or to claim any public property, without the express and declared permission of the government they are under. All property granted by the supreme power, for the support of any public body of men, may be regulated, or resumed, just as circumstances render eligible, and no one can with justice complain. All religious establishments are supposed to be formed and continued for the benefit of the people; and that power which has a right to form them, has the right in all respects to regulate them, so that they may best answer the grand end proposed.

"The other species of property by which the church has been supported is: gifts or grants from individuals, either in their lifetime, or by bequest after their death. I shall not here inquire (although it may be worth the inquiry) how this property has been in different ages and countries acquired. Everybody knows what an admirable contrivance the religion of Rome has been for picking of pockets, and for gulling people out of their estates, to the great loss of their families and relatives. Had it not been for our Statute of Mortmain, it was thought the clergy would have shortly been in possession of the greater part of the landed property in the kingdom. Whatever methods were made use of to compel men to part with their substance, I will venture to maintain that this species of property from the moment it was acquired by the church, was public property to all intents and purposes, and that it mingled with the general mass appropriated to one and the same end.”

Montesquieu acknowledges the benefit of the power of religion in the constitution of the state, and principally in

despotic states, in the following words:-"Il y a pourtant une chose que l'on peut quelquefois opposer a la volonté du prince: c'est la religion. On abandonnera son père, on le tuera même si le prince l'ordonne mais on ne boira pas de vin s'il le veut et s'il l'ordonne. Les lois de la religion sont d'un précepte superieur, parce qu'elles sont donnés sur la tete du prince comme sur celle des sujets. Mais, quant au droit naturel, il n'en est pas de même: le prince est supposé n'être plus un homme."

The same author also pretends that the laws of religion correct the inconveniences of the political constitution. He says:-" Ainsi lorsque l'état est souvent agité par des guerres civiles la religion fera beaucoup si elle établit que quelques parties de cet état restent toujours en paix;" this he proves by examples of the customs of different countries; of the Greeks, Japanese, Arabian tribes, ancient Germans, &c.; and further proves that the laws of religion have had the effect of civic laws, before these were established. He next proves that the terrible laws and actions of the Spanish inquisition had their useful side in moderating the power of the despot of that country :-" Autant que le pouvoir du clergé est dangereux dans une république, autant est il convenable dans une monarchie, surtout dans celles qui vont au despotisme. Ou en seraient l'Espagne et le Portugal depuis la perte de leur lois, sans ce pouvoir qui arrète seul la puissance arbitraire? Barriere toujours bonne lorqu'il n'y en a point d'autre: car, comme le despotisme cause à la nature humaine des maux effroyables, le mal même qui le limite est un bien."

119. Occupations of the Nobility.

It will, however, be found that the one does not prevent the other, since hunting, steeple chases, and races, (which probably did not all exist in Alfred's time,) form a prominent part of the occupations of the nobles. These public diversions have been preserved, and almost encouraged by government, in the political point of view, of favouring the rearing of horses, and movement of money on those days. They probably have no idea of introducing the ancient tournaments, with the heavy-mailed knight, in place of the races and far-famed light jockeys. They have also rather overlooked the inconsequence of prohibiting lotteries, and permitting sweeps, &c. of the abuses of which we have many examples. The best side of the races is the fraternizing of many members of the aristocracy with the lower standing