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tablished; but upon address of both ment shall never exercise the et. houses of parliament it may be law- ecutive and judicial powers, or ful to remove them.”
either of them." It gives fukt The object of this statute was power and authority to make, ora thot to give any new power to the dain, and establish all manner of parliament, respecting the removal wholesome and reasonable orders, of the judges, but to make them laws, &c. but it leaves not this im. independent of the king, and to portant power without restriction, point out when only it should be for it adds, “ 80 as the same be not Jawful for him to remove a judge; repugnant or Contrary to this conviz. upon the address of both hou- stitution." ses of parliament.
It is a possible case, the legisEvery lawyer knows the power lature may inadvertently overleap of parliament is so transcendant their bounds, that they might do and absolute, (1. Bl. Com. 160, an act purely executive or judicial. 161) that it cannot be confined ei. If such a case should happen, are ther for causes or persons within the citizeps, whose rights and inany bounds. That it can do every terests may be thereby affected, thing that is not naturally impos. left, as the subjects in England, sible. The meaning of which is, without all manner of remedy? Or that there is no existing authority have they a constitutional right to 'to control its acts or doings. And resort for redress to the supreme therefore, as is observed, “ If by judicial department? But, any means a misgovernment should If this be the constitutional any way, fall upon it, the sub mode, and that it is, several decis. jects of the kingdom are left with- ions of that court have determinout all manner of remedy." For, ed, and fully relieved the parties as the same writer observes, “ so aggrieved ; I ask, can the cilong as the English constitution tizen look for “ an impartial in. lasts, we may venture to affirm, terpretation of the laws and adminthat the power of parliament is ab- istration of justice,” if the judges solute and without control.” are dependent upon the body of
And I venture to affirm, that whose act he complains, not only so long as the constitution of for their salaries, but even for their the state shall last, that the power continuance in office? Will it an. of our legislature is neither abso- swer to tell him, that, notwithAute nor without control, that it pos- standing such things, his declared sesses not full sovereign power in constitutional right “ to be tried all cases ; but, on the contrary, as by judges 'as free, impartial, and it is created by the constitution, independent as the lot of humanity so its powers and authorities are will admit,” remains unimpaired thereby marked out and circum- to him ? 'scribed. The people have therein I might go on to put many more said to that, as well as to the other questions touching this subject, se branches of our government, hith- important to every citizen, which erto shalt thou come, and no fur- would not require any answer ther. Besides pointing out many from me. But I forbear. The particular limitations and restric- subject is of a delicate nature, and tions, which they may not consti- my sole object is to call my fellow tutionally overleap, it declares gen- citizens in general to a calm, deerally, “ The legislative depart- liberate reflection upon it, before
precedents are too firmly estab- ent judiciary must be endured by lished to be overthrown or change them. They have a right to bring ed. But,
this subject again belore the legisIf this subject does not engage lature by instructions to their repthe attention of the people, if it resentatives, when they shall think has become a maxim among them, fit. This is a constitutional and a that their representatives can do peaceable mode, whenever they no wrong, either intentionally, or think their rights or their liberties through errour of judgment, then have been brought into question all the consequences of a depend- by the acts of former legislatures.
For the Anthology.
HIS FRIENDS IN
FROM AN AMERICAN TRAVELLER IN EUROPE TO
(We congratulate our readers on the opportunity of perusing the series of let
ters, now commenced. We thank the writer for enhancing the value of our Miscellany by these communications ; and we know the publick will thank him for allowing us to render them partakers of a pleasure and benefit, which has been hitherto confined to a few.]
celli; Galileo ; Michæl Angelo, MY DEAR FRIEND,
or Agnolo ; Machiavel; AmeriIN a city which has given birth, cus Vespusius, have all of them, employment, or burial to so many in their various departments, coniHustrious men, my friends have tributed to create a splendour aa right to expect that I should say round this city, before celebrated something. If I have not collec- for the early revival, and since, for ted any new traits in their charac. the unremitted encouragement, of ters ; at teast I ought to be able to the fine arts. In the church of say, whether like prophets they Santa Çroce they have erected so have died without honour in their many monuments to the distinown country, as it is certain many guished geniuses of Italy, that it of them lived in it without com- has been very properly called the fort. I ought to say, whether, Westminster Abbey' of Florence. where, and when their country has In visiting these testimonies of erected brazen or marble monu- gratitude to the dead, or rather ments to the memory of men, whom these splendid proofs of the vanity other nations have agreed to place of the living, we are irresistibly among the most distinguished of led to look more accurately into mankind. Few cities can boast of their biography, than when we having enrolled more illustrious consider them at a distance ; and persons among their citizens, than although I have no doubt that you Florence. Cosmo and Lorenzo di are in general acquainted with the Medici ; Leo X. of the same is characters of these illustrious men,
yet it may afford you an hour's Having survived this humiliation, amusement to retrace some anec he died in 1642, at the age of 78 dotes and traits in their history. years ; his labours, his merit, his I know of no man in ancient or distinguished pupils, the favour modern days, whose fate was more even of his sovereign, his unmerextraordinary than that of Galileo. ited sufferings, could not procure You well know the opposition him respite even in his last mowhich he met with while alive in ments. 'Bigotry and superstition, propagating those doctrines which the offspring of ignorance, were all men, since he is dead, concur leagued against him. It was solto acknowledge to be correct. emnly debated in the ecclesiastical
Viviani, who styles himself his courts, whether he could disposelast pupil, was so impressed with of his goods by testament, and his merits, that, whilst he did not whether the church would grant dare openly to erect a mausoleum him christian sepulture. This to his memory, he built a large last point was settled against him, palace, in the front of which he and being suspected of having replaced the bust of this philosopher, lapsed into his former errours, of and in the ornaments of the fa- the rotundity and revolution of the çade he contrived to introduce his earth, he was, as a heretick, intermost important discoveries. Notred in profane earth. It required content with this, he ordered by all the credit and wealth of Vivihis will, that a monument should ani to erect in the midst of Flobe erected, which was afterwards rence a monument to his
memory. executed in 1733, and placed in It was afterwards decided by the the church of Santa Croce, oppo- grave theologians, that his ashes site to that of Michael Agnolo. might be removed to sacred ground, It is a superb marble sarcophagus, but without any mark of distincsupported by Astronomy and Ge- tion or honour, and it was not till ometry, the sister spiences to after a solemn judicial decision, which Galileo was most attached. that they were permitted to place
The execution of the honoura. his reniains in the monument deble intentions of Viviani was sus- signed to cover them. There pended for a long time by the con does not remain (says a writer) iinuance.of the same absurd pre- any trace of the theological hatred judices, which had embittered the against this great man, except an life of Galileo.
index of books prohibited, which This great man, truly philo- was renewed under the pontificate sophick, if ever man deserved the of Benedict XIV. in 1758. The title, had encountered all the jeal- dialogue, which constituted his ousy and persecution, which men, chief crime, together with the superiour to their own age, are works of Bacon, Copernicus, Kepwont to experience.
ler, Descartes, and Foscarini, pupil His works had been condemned of Galileo, were by that pope still by the inquisition. Pursued him- proscribed. self, and thrown into prison, after It would be a mistake to suppose six years confinement, he was not that Galileo brought this treatment permitted to come out till he had upon himself by imprudence or abjured what all philosophers now bravado. To judge by a letter know to be correct, as to the revo- which he wrote to the archduke luuion of the earth around the sun. Leopold, when he sent him the
first telescopes which he had in- and inscribed upon it the following vented, he was far from shewing memorable epitaph. an insolent temper. This letter was accompanied by a memoir up- 'Exigua tumuli, Dantes, hic sorte jace
bas on the causes of the tides, considered on the Copernican system,
* Squallenti nulli coguito pænè situ
At nunc marmoreo subnixus conderis and which also was afterwards condemned by the inquisition.- • Omnibus et cultu splendidiore nites Galileo says in this letter, as nearly “Nimirum, Bembus, Musis incensis as I can understand the Italian, Etruscis, « I happened to write this, while
• Hoc tibi, quem imprimis hæ coluere,
dedit.” the theological lords were debating on the prohibition of the books of The Florentines afterwards reCopernicus, and respecting the pented of this cruelty to Dante, opinion advanced in said books, and by a publick decree rendered and which I have for some time a just homage to the memory of believed to be true, unless it should the injured poet. The decree de. please these gentlemen to forbid clares, that from the publick treathe said books to be read, and to sury “ there should be erected to declare false and contrary to holy him in the cathedral and in a diswrit, the aforesaid opinions. Now tinguished place an artificially I know, that it is my duty to obey sculptured monument with such and believe the decisions of my statues and insignia, as might best superiours, who are much better contribute to ornament it.” They informed than I am, and to whose have also applied repeatedly to the intelligence my inferiour genius inhabitants of Ravenna for permiscannot reach. I consider then this sion to remove his ashes to Flowriting, which I send you, as a rence, but they have uniformly repiece of poetry, or rather a dream, fused to part with the honourable and as such I beg your excellency deposit. to receive it ; but as every day we The celebrated Michæl Agnolo find poets appreciating their own Buonarotti was of the Florentine fantasies, so I have the vanity to school, and, considered in all the have some esteem of this opinion points of his character, may be raof mine." I was pleased with the ted as the first genius, who has apforegoing trait of Galileo, which I peared since the revival of letters. have just met with, and I could They attribute his early taste for not refuse myself the pleasure of sculpture to his having been nursgiving it to you.
ed in a village, where the greater The fickle and persecuting spi- part of the people were of that rit of the Florentines was not con- profession. The effect however fined to Galileo. Their illustrious of such an accidental circumstance poet Dante felt the effects of it. would have been very unimporBanished from Florence by his un- tant, if the Genius of the fine arts grateful countrymen, he retired to had not breathed into him a pore Ravenna, where he died in 1341. tion, and a large one, of her celesAfter lying there a long time un- tial fire. His wonderful success, honoured and unknown, Bembo, and the vast variety and extent of the father of the cardinal, that fa- his knowledge, may however be inous patron of letters, erected a fairly attributed in some degree to monument to the memory of Dante, the number of years which he was
enabled to dovote to the exercise than to allure and captivate the of his peculiar talents. He was eye of Taste. born in 1475 and died in 1564, and În sculpture this manner of Micontinued the active pursuit of his 'ckæl Agnolo is . less unpleasant. profession till his decease. He Unless the artist is forming an A: was actually employed in erecting donis or a Venus, we have no obhis chef d’æuvre in architecture, jection to see the muscles well St. Peter's, at the moment of his pronounced in a statue, and to have death. At fourteen years of age the form vigorous and masculine ; he was placed with a celebrated and it must be admitted that few sculptor, and at sixteen his works if any of the modern artists can were considered far superiour to compare with this great master. those of his master.
I cannot say however that I think So universal was the genius of Bernini much inferiour to him ; Michæl Agnolo, that it has long but in architecture I take it to be conbeen disputed, whether he excelled ceded, that Michael Agnolo stands most as a Painter-Sculptor-mor without a rival among the moderns. Architect.
There is one circumstance in In the former, his Day of Judg. his Day of Judgment which rigid ment in the Sixtine Chapel in the criticks' might censure, brit which Vatican--in Sculpture, his Moses poets and painters will perhaps in the church of St. Peter in Vin- forgive, and that is, his blending culo-mand in Architecture, the the heathen mythology with the Dome of St. Peter's, are consid- doctrines of revelation, and this too ered as his chef d'æuvres,
upon so solemn and affecting a I have no hesitation in saying, subject. In the back ground he (as I have no reputation to lose as represents the Supreme Being, a connoisseur, because I make no with our Saviour at his right hand, pretensions to the character) that with all the sublimity which the I think, his architectural talents canvas could display : still I think were most pre-eminent.
As a it a subject too awful for the pen. painter, although he may have cil, and I have never myself beep been a good composuist according satisfied with the highest attempts to the rules of art, there is a harsh- to delineate that Being, whom “eyo ness and coarseness extremely dis- hath not seen.” In the foreground agreeable to me in the character we see Charon with his boat, ferryof his personages.
ing over the Styx the souls of the I know that this very quality is departed. It must be acknowledg. said to constitute the excellence of ed, that this is a strange confusion his manner, which consists in bold- of sacred and profane ideas, and, ness and force, grandeur and sub-' with due respect to the memory limity, rather than grace and soft- of that great man, and to the piety ness. But it is precisely his man- of the popes who perunitted it to ner which displeases me ; he be executed in their chapel, it apmakes every man an Hercules, and pears to me to be little short of every woman an Amazon. I am blasphemy. told, and I believe, that his anato There was a piece of satire also my is perfect, and I confess that in this piece, which I still more his pieces appear to me rather fit wonder how the Sacred Coliege ted for lessons to a young surgcon, could forgive. Michal Angelo