THE Country Gentleman's Notion Concerning GOVERNMENTS. IN A Letter to his Friend at Leeds in Yorkshire. SIR, I Received yours, and am concerned at the continuance of your Dissatisfaction about the Oaths to King William. I will not say the severity of the Penalties annexed by the Late Act, to the refusal of them, ought to influence your Judgement; but for the sake of your Family; you will do well to take the matter into further Consideration. Be assured, that my Conviction of the Lawfulness of these Oaths is neither influenced by Fear nor Flattery: I hope you know me to be too much an Englishman, to believe I have been swayed by either; and I know you too well, to imagine that my Example should govern or prevail upon you further, than the Reasons which I learned while at London (in Conversation with several Lawyers and others) may have some weight with you, if placed in a due Light, and Considered with Temper. You must not expect a Vindication of the King's Title. To endeavour to Justify it, is to suppose a doubt; which he must do, who goes about to argue it. Sovereign's Titles are never to be debated, or vindicated, but in the wisest and most tender manner imaginable, and it should be by Persons of the greatest Knowledge, Sagacity and Prudence; and I think never without the Direction and Command, or Express Allowance of Authority. For any Defence of a Title, if not well managed, is a Libel upon that Title. And we have had too many of them published already, which instead of allaying scruples, have increased their number. It suffices me, and several of my Acquaintance, in order to our satisfaction, to reason thus: That Man is a sociable Creature; that a single Person could never be happy without the Conversation and Assistance of Others; nor with it, if all his Acquaintance were Miserable: That Societies therefore were instituted by the Creator for the good of Mankind; and that such Good is intended in respect of the Greater Number; and consequently, that as the Good of Individuals, so the Opinion of 'em too, is involved in that of the Majority, as united in one Civil Society. This Majority in all Assemblies, or Numbers of Men together, upon all Occasions doth and must conclude the whole: For the whole could never otherwise be concluded by any public Act or Determination, if such Act were not binding to every one, before every one in particular had actually consented to it. For who ever knew, or can imagine an Exact Agreement of a great Multitude of men in One Opinion. On which account it seems neither Wise, Mannerly, nor Lawful, to oppose, or Contradict the Sentiments of the Community, whereof I am a Member, in things of this nature, wherein the Welfare of the Whole is concerned. For as every man is presumed most fond of his own Interest, so the greater number must be supposed to be equally careful of theirs, and by consequence, that what is done by the Majority is beft for the Whole. 'Tis plain that by our Constitution, in all Courts of Justice, the Majority gives the Rule; and that Rule obliges the dissenting Judges to Act, as well as Declare contrary to their own several Private Opinions; and in all Controversies and Disputes among Scholars, the Opinion of the greater Number, (knowing and interested in the subject matter of the Question) is a favourable Argument of the Truth. In all Consultations of Lawyers or Physicians, concerning Health or Property, the Party concerned in the inquiry takes the Majority as his surest Guide. What reason can be alleged why this Rule should not hold, in all other Civil Matters, of an indifferent Nature, wherein God hath not interposed by his express Will? Now if we consider the principles and the Consequence of the contrary Notion, I have heard some affirm, that it can hardly proceed but from Presumption, and too great selfsufficiency, and may bring Mischief and Confusion to the Public, as well as Damage and Ruin to the particular Person. How can such an Opinion and Practice in a private Man (in Contradiction to the greatest part of the Society whereof he is a Member) but savour of Vanity, as if he had more Wisdom and Honesty than all his Neighbours? And can he reasonably expect to be safe in such an Opposition to the Majority? And if several be of his Mind, the public Peace must needs be endangered. If Men be Humble and Peaceable, there will be in things of this Nature, a Consideration of the Opinion of the greater part of the Inhabitants of that Country, in which they are born and live, thereby to settle the Rules and Measures of their private Conduct. I would feign know, what is the Law and Consent of Nations, which we all reverence and esteem, as a Confirmation of the Law of Nature; What is it, but the Opinion and Practice of the Majority? 'Twere very easy to argue upon this subject, from every Topick, by which the Ingenious Parker demonstrates his Laws of Nature; as from Reason and Experience; from the Observations of Nature, and the Necessities of Life; the Advantages of Justice, and the Comforts of Society. Every one of these would enforce and illustrate this Thought. To strengthen it further, it can't be denied that in case of great Numbers in distant Places, tho' of one Community, the meeting of every Particular Person, in order to consult for the Common Good, is in fact impossible. Which Necessity doth teach and require the use of Representatives: And Englishmen must agree, that the manner of Electing them, as hath been the Custom of our Forefathers in all Ages, is reasonable and wise, so that we are bound in Law and Reason, by their Declarations, Acts and Agreements, our Consent being necessarily included in theirs, in all Points (as I said) of an indifferent Nature, capable of being Debated and Determined by them, concerning which Almighty God hath not Expressly interposed, and declared his Will; and we think no man in his wits will pretend that he hath, as to the precise manner of Emptying and Filling Thrones, and the several Methods of Legal Succession. Nor do any of the particular Laws of this Realm prevent or, weaken the force of this Notion. The Acts of Recognition of the Right of several of the Kings and Queens of this Realm do rather confirm, than contradict it, as is very apparent upon the Reading of 'em. The greatest and most expressive of 'em all, and which goes the furthest, is the 12 Car. 2. cap. 30. for the Attainder of the Regicides, but amounts only to this, that the People of England, neither Collectively, nor Representatively ever had, or aught to have any coercive Power over the Persons of the Kings of this Realm. Now whether this can be reckoned sufficient to condemn this Notion of private Men's submitting their Opinion and Practice to that of the Majority, in respect of Oaths and Obedience, may be left to any Man's Judgement: if Nature and Reason dictate this as a proper Measure whereby to Direct and Govern our Actions, no Law whatsoever can vacate, or annul it. But 'tis to suppose a Law to be made, which is not alterable by the Authority that made it; and that contradicts the agreed and known Maxim, that Laws in Derogation of the Authority, which makes Laws are Void; this must be admitted. Now this being laid down, it appears further that a Great Prince of the Royal Family, here present within the Realm, upon the departure of the former Regent (whether that Departure were chosen by him, or forced upon him, by the Actions of his own Ministers, or those of his Enemies, is not material to inquire) was enacted and declared KING by the Majority of those Representatives: And so confirmed, and declared again, and again, by the Majority of new Representatives, peaceably, and freely Elected; (which Election by the way implies the Assent of every Voter to all the Acts of those Persons so chosen.) Then Oaths of Fidelity were solemnly taken to this Prince, not only by the Representatives, but by Particulars; by the Majority of the Nobility, Clergy, Gentry, and Commonalty of the Realm. Then was he asserted to be RIGHTFUL AND LAWFUL KING, and this not by those Representatives alone, but Voluntarily declared such in writing, under the hands of the Majority of the Individuals too, (as the Fact now stands) Excepting Women, Children and Servants, who are not properly Sui juris. Now after all this, it seems plain, that private Persons are concluded not only by the Power of the Majority, but by the Law of Reason and Nature, as Members of this Community, to pay Allegiance to a Sovereign thus Constituted by the Consent of their fellow Islanders, even by their whole Country. And are any now to scruple or doubt such a Title? No surely, this is enough to command mine, and yours, and every Englishman's True Allegiance. And I take it to be a much plainer and firmer Foundation for Obedience, than all the finespun Schemes of Policy and Government; which some pretending Rakers into the Rubbish of Antiquity, have squeezed and strained, out of old mysterious unintelligible Records; or which by the changeable distinctions of some Casuists have been proposed for Convenience sake. This is plain Common sense which every man feels, and falls into upon the first hearing. But at the rate, that some men distinguish and refine upon the matter, an honest man cannot be made to understand whom he ought to Obey, without being obliged to understand Metaphysics into the bargain. These Thoughts, Sir, have satisfied me, that I am to consider myself not merely as a single Person, but as related to the Body of the Nation, as one of Many; and so as involved, in the Interest and Opinion of the Majority, and upon that Account, as having assented to the Acts of that Majority; which I esteem and resolve to follow, as my Rule. That you may likewise do so with a satisfied and easy mind, is the design of this Paper and the Hearty Prayer of SIR, Yours to serve you, etc. Nottingham. May 29. 1696. FINIS. LONDON, Printed for Eliz. Whitlock near Stationers-Hall.