^^X&^aXS^ISSX. V0 ORIGIN DUTY A.D RIGHT. 9 08 2 THE ORIGIN OP DUTY -. RIGHT IN MAN, CONSIDERED, HMflN' TO nOAITETMA EN OYPAKOIS THAPXEr. PHIL. III. V. l9t LONDON 9RINTIB UV J. BATESON, DENMARK-STREIT, FOR RICHARD WHITE, nCCADILLY. 1796. PREFATORY NOTE OF \ > THE EDITOR. ^^ THE following work was written and pub - \^IiJhed zvhen the King was on the eve of meet- >.ing the Parliame?itfor the fir jl time^ after the K attack made upon his perfon, in the clofe of the -'year lygs ^^^ '^ '^^^ addrejjed by the Au- thor to the Inhabitants of Lojidon and Wefi- viinfier, as being a part of the community whofe ftuation more particularly impofcd on them the duty, as well as furnijlied them with the opportunity , of afferting and maintaining '^ the independency of Parliament. en The natural tendency of that outrage in re- "^ fped of the whole legifiative body (confequent- ly of the Confiitution) of the country, by 'the intended ruin of one of its integral parts ; the daring defiance given to the laws, in the per- fan of their Chief Magifirate ; and the infult thus offered to the individual honour, freedom, and fidelity, of every Britifii fubjcB', induced the Author to blend the c off derations arftng 301084 C3 PREFATORY KOTE. immediately fro7n that events with others on the Origin and Proportions of Duty and Right in the Nature of Man, and on the unexampled aptnefsofthe BritiJJi Confiitution for advancing human fociety to its extreme degree of profperity, liberty, and happinefs : And it was his dejign, in cafe this hajly effort jhould have the good fortune to experience any encouragement, to re- confder at a future time the permanent part of his fubjedi ; and, feparatifig it from what was purely incidental, to give it fuch an arrange- ment as might pojjibly render it not an unufeful manual for affaying the value of thofe novel dodrines, which go to fubvert all ejiablijhed principles of fociety and government, under the infolent and falfe plea, of penetrating deeper into the nature of men and things than had be- fore been done. The candid treatment which he has experienc- ed from the Reviews, and the favourable judg- ment pronounced by fome refpeB able friends and others, enable the Editor to fate the Author s intention of profecuting his original defgn of reviftng the fubftance of his argument ; the ex- ecution of which, he hopes, in the courfe of a jhort time, to be abje to lay before the Public. April dih, i']()2' 14^ E here lay clahn^ in limine of our AJdrefs, to the candid judgment of that refpelahle Body to whom we have ventured to prefcnt it ; /ejl the compafs into which we have atteniptcd to reduce fq extcnjive afubjel^ and the hajle with. which it has been unavoidably drawn up, and of "which it carries with it but too many evidences^ may in parts have rendered the per- formance involved. If however, we JJiould have the good for- tune to difcover^ by their fuffragc, that the vieiu we have taken of the great qucjlions of Duty and Right as fubftjling in Man, is jujl ; and that the thread of our argument, however it may be involved, is yet un- broken ; u brok^i; wc might be tempted at a future day to elucidate that view, and to develope that argument, detached from the peculiar, accidental matter, *uchich has occafioned our fubmitting it to their notice at this particular time. April ib^ !"]()(). THS ORIGIN OF DUTY AND RIGHT IN MAN CONSIDERED. Addrejfed to the Inhabitants of London and Wejiminjitr^ i^c. l^c. i HE Time is nearly at hand, when the King will proceed, in difchai^e of the high fundtion vefted in him by the Conftitution, to meet the Lords and Commons of Great Britain, affcmbled in Parliament. Whatever the occafion is capable of prefenting to a contemplative mind, in the perfeft equipoife it exhibits of the interefts and duties of aflbciated man, yet, from long ufe, and familiar enjoyment of the blcffings derived from the Conftitution, it would have but little expedation to arrefl the ob- fervation of Englifhmen at this particular time, were it not for circumftances the mod afflidive, if not the moft portentous, that have difturbed the nation's internal quiet fmce the acra of the B . Revo- ( ^. ) Revolution ; that bxiUiaiit ^ra, in which the In- terefts of the Britifh people were fecured, the prices of liberty and good government afcertained, and the balance of the ftate finally adjufted, by the hmits alTigned to the powers, privileges, and prerogatives of the three cpnftituent branches of the Legiflatiire. Tlie circumftapces here alluded to, are f a date too recent, and of a quality too impreflive, and having moreover taken place within the limits of YOUR refidence, are of a notoriety too general, to impofe the hateful tafk of rehearfing them. Thefe, however, are the circumftances^ that render the approaching progrefs of the King to the Parliament an objedl of peculiar intereft to the great body of the nation ; and that accafion, which, until the infinuation of the political venom of France had deranged the equable fyftem of Britilh focicty, commanded always itS' natural and becoming portion of rcfped", without exciting any extraordinary emotion, now roufes the atten- tion of the whole family of Britons, difperfed throughout the empire : Who, reflecting with horror upon the dreadful phenomenon of civil guilt exhibitied at the time of the laft Royal progrefs, anticipate with anxiety the return of that event ; and, at the fame time, direft theiiv eyes upon YOU, ( 3 ) YOU, t HE INHABITANTS OF LONDON AND WESTMINStER, wliofn the tocal ar- ranfgements neceflary to regular focietj^, and the political and Commercial intcrefts of the Brifitli' Empire, ha\x rendered the depofits and natural guardians of the Legiflature of yotir country. The pfofped of this event, acquires thus, from aretrofpeftive view of the infults that the King then fuftained, anintercft unequalled alas! in the annals of the kingdom, becaufe unequalled in its caufc ; and itpkces YOU in a fituation the moll critical, as beiHg conjured b}^ the voice' of your countrymen, to prevertt the attachment of that ftain'^hich might adhefe to the Britifh name from fhe m6n- ftrous enormities then committed. And becaufe the laws of man*s nature, which confine his perfohal exertions td fo narrow a fphei"e, render itimpoflible' for each td concur with Kis individual fuccour to-' wards obtaining that end ; they, therefore, look for it from YOU, who fliare in the principles and feelings common to Engliflimen, and who, exclu- lively^ of YOUR own particular interefls concern- ed,, are ju% held to owe this' to YOUR fellow- countrymen diftributed in tlie kingdom, in return for the diftinguifhed acfvajfitages, which YOUR proximity to the Legiflature, and the other cir- cumftances of YOUR fituation, neceflarily confer. B 2 Upon ( 4 ) Upon thefe confiderations alone, therefore, that the . nation looks back with horror on the late af- . faults offered to the perfon of the Sovereign ; and that being unable individually to difplay either their deteftation of thofe adts, or their attachment to the office, or perfon of the King ; or to concert meafures for expelling from within YOUR reli* dence, the infernal caufe of enormities endanger- ing the fabric of our liberties, they look with. paiTionate confidence to YOU, to difcharge the peculiar duties refulting from YOUR local fitua* tion : .upon thefe confiderations only, the prefent addrefs is urged j in which, whether we fail, or whether we fucceed, no found and upright mind ^ no pure and unaccufmg confcience, will fufpedt any other purpofe to be at heart, than that of aiding to ilem the career of principles diffemi- nated throughout the nation, but no where with fo much a produced by the in- ( 8 ) induflry of men, labouring under a difcontented mind, and who can only reach the moral organ of thofe in whom they endeavour to excite difcontent, through the organ of the fancy, or that part of the mind which receives the imprelTions by which the paflions are raifed ; it is clear that fuch an impref- lion derives its origin, not from the nature of the cafe, but from the fubtilty and interefl of the few, who are thus the fource and conduit of the dif- content ; and confequently that it is n6t founded in truth, but in illufion and error. -.The nature and objeft of the difcontent, therefore, varies in relation to thofe in whom it fubfifls ; who may be faid to be of two defcriptions ; thofe in whom it originates, and thofe to whom it is deriv- ed ; or, in more popular and ordinary phrafe, the kaderSy and the led. The difcontent of the former differs in its original from that of the latter; as the firfl: arifes from a principle of felf-will, th& (econd from a principle of error. There is, how- ever, a peculiar fubtilty and virulence in the nature of this error, that renders the tranfition from error to guilt rapid and complete. So that unlefs the malady be flopped in its early ftage of error, it fpeedily alters its quality, and may foon advance to every degree of turj)itude and malignity. To ( 9 ) To remove this difcontent, or to nullify its adivity, requires a difference of procefs, according to the principle from which it proceeds, or accord- ing to the (late in which it fubfiPtS. That which fubfifts as a principle of felf-will, demands the fleady and inflexible coercion of juftice ; that which fub- fifts as a principle of error, claims every aid and fuccour that mercy and wifdom can impart. The firft roufes in us a lentiment of the moft unqualified indignation and difguft ; the fecoixl, while it dif- fufes a melancholy upon the mind, awakens in us a fcntiment of a very oppofite nature. Of the two defcriptions of perfons here confi- dered, the latter are infinitely the moft numerous ^ and on this, as well as on many other confiderations, they challenge our principal regard. The firft may be confidered, in general, as the efficient, the latter as the inftrumental, caufe of all our internal difquiet. By wrefting the inftrumcnt from the hand of crime, we ftiall ftrip it of the only means it has for producing its effect. By removing error, therefore, wc in a manner paralyfe the force of crime. On the other hand, if we take the fulleft vengeance of crime, and at the fame time take no fteps to repair the wafte it may have occalion- cd, the flood of error which it has difcharged will ftagnatc over the furface of the country, and the C fpawn ( 10 ) fpavvn of crime with which the fluid fo plentifully abounds, will fooner or later ripen into life and aftivity. To remove, therefore, the difcontent of the majority, which proceeds from error, is a meafure equally enjoined by wifdom and by charity : by wifdom, as it is the mofl effectual method to re- cover ourfelves to peace and general confidence ; by charity, as it is the only means pofTible for reinftating others in the capacity of obtaining hap- pinefs. The removal of error may be effected by two dif- ferent operations, which are thus defcribed by a wife and valuable writer : " When error prevails, there are two ways by " which the caufe of truth may be maintained; " either by a direct and formal refutation of the " error, or by a plain and effectual eftablilhment " of the truth. " The advocate for truth may defcend into " the field of controverly, he may engage every " adverfary that comes in his way, he may purfue '' and expofe every fmgle error. But error pof- " fefl'es a wide and dark dominion, and he who ** undertakes the conqueft of the whole, under- *' takes ( " ) " takes a labour that is almofl infinite. It will " flill find fome obfcure comer to retire to, from " which it will be found hard to difpoflefs it. " Tiiere is another way of removing error, and *' that is, by a full and clear expofition of the " truth. There is fomething much more plealing '' to a liberal mind m the eftabUfhment of truth, " than in the refutation of error ; as the labour is *' more pleafmg to rear a fair and well-proportioned " edifice, than to pull down one that is milhapen " and ill-proportioned *." The mode of com bating error, recommended by this excellent writer, is that which we feel ourfelves ftrongly impelled to attempt under the authority of YOUR name, and in the opportunity that we have fought for in this addrefs ; and perhaps it will hardly be found in any cafe fo entirely dcfirable, as in the great and comprchcnfive quoftion, which we fliall now endeavour to confider. If we examine the complexion of that difcontent which has of late produced {o much alarm and dif- quiet amongft us ; if we confider the period of its Drigin, and the circumflances of its progrefs, we Rotheram's Essay on Faiik, Pre/, C 2 fliali ( 12 ) fliali have no difficulty in difcovering that it has relation to a queftion that has been turned and fhaped into a variety of forms, adapted to every tafte, prejudice, and capacity of man, but ftill cxprefled by the fame phrafe the Rights of Man. The manner in which this queftion was brought forward before the public mind being new^ afcan- dalous and too fuccefsful ufe was made of this novelty of the mode to perfuade a novelty of the Jubjett : and becaufe the queftion of the rights of mankind, viewed in refped: of human govern- ment to which they were confided, and of Almighty God, from whom they were originally derived, had been hitherto conduced in a manner totally different from that which was then introduced, it was bafely and wickedly pretended that they had never been invefligated at all; that they were objects of truth, newly expofed to the perception of the intelle has been carefully fupprefled by the movers of the controverfy, becaufe it would prefcribe bounds to a queftion which they are deiirous of leaving open and undefined, and becaufe it would be attended with the inconvenience of raifing the mind to a con- templation of the fource of right, an elevation that would unavoidably induce a mood, unfavourable to the purfuit of right, after the manner of France. To avoid this, they have induftrioufly fpread a veil over the origin of the notion of right ; they have choked the way to the principle of right by a mound of flubborn aflertion ; they have diredled the mind to that aflertion as to the ne plus ultra of inquiry ; and they have feduced the unwary or profligate minds of their auditors to believe, that that which is only a propofition capable of proof, but deftitute of all authority till proved, is a felf- evident propofition j in order that they might not perceive the differences produced by the differ- ent modes of employing the propofition, and which would lead the mind to conclufions dire6tly contrary. Such alfo is the facred principle which they have dared to allege, who have deluged Europe with blood ; who have taken up arms againft the reli- gion of Chriilendom ; who have computed the comfort of any given generation of mankind as a cypher ( 27 ) cyplier in the fpeculations of their philofophies j and fuch alfohas been the pretext of their mifera- bly deluded adherents, whofe black and flagitious, but by God's providence abortive, endeavours, have lately brought diflionour upon the metropolis. AVas the notion or right as induftrioully united with its origin, as it has been induftrioully difunited from it ; was that connexion as carefully preferv- ed, as it has been fcduloufly effaced ; was the rea- fon of man faithfully informed in all thofe things which are only u fed to diflurb his imagination, and to inflame his paflions ; the queftion of right would be an inquiry as productive of good to the moral and civil intcrefts of focictv, as it is now rendered luxuriant in mifchief. Did an appeal to the rights of man convey the mind at once into the pre fence of the moral Governor of the world, the purfuit of thofe rights v/ould be conducted with that re- gard to his laws, and to the various duties of marr, that would infure the peace and proiperity of fo- ciety. It would be a procefs of caution and virtuous iacrifice, not of violence and intemperate avidity j a regard to the duties we might tranfgrefs, would correal cur attachment to the intereils we might promote ; confcitnce and reafon wouid ef- fe(5tually control the operation of crime ; and craft and violence, infolence and fedition, treafon and E 2 anarch\' ( ^8 ) anarchy, would no longer be found on the fide where the alTertion of thofe righ.ts was profcfTed, but only on that where they were refifted. We have feen that right, in general, is a notion of title, or juft claim ; that every title fhands upon its documents or proofs, and that none can be admitted till its validity has been examined and recognized ; that every right fiive that of the Creator is deducible from Him, as the only fourcc of right, becaufe the only fource of being, and confequently of every attribute of being, of which this of right is one. As then we have afcertained the nature of right whereever it fubiifts, before we can pronounce what is the fpecific right annexed to man's nature, or rather what are the fpecific ob* jedls to which the moral power of right in man has refpedt, it will be neccflary to inquire whether any fuch moral quality hreally annexed to man, and how it is difcovcrable ; and then we may proceed to determine, what is its extent, and what arc its natural objcfts. And let us banifh the fordid fear that would deter us from fo noble an inveftigation, or fill us with the criminal dread of thus finding ourfelves reafoncd out of right. Truth can never be the obje6t of alarm to any but a diftempered or a diftorted mind ; but of all invcftigations, leaft. have we to fear from tliis, from which we (liall re- turn ( 29 ) mm without comparilon richer, than from the kuv- Icls and marauding cxcuriion, into which the buccaneers of the rights of man, have inveigled their incautious retainers. What the excellent Blackftone lias remarked of the ordinary conducft of mankind with refpccl to the notion of the right of property, may be extended to their notion of right in general. " There is nothing (fays he) " which lo generally ftrikes the imagination, and *' engages the affections of mankind, as the right ** of property. And yet there are very few, that " will give themfelves the trouble to confider the ** orignial and foundation of this right. Pleafed as " we are with the poiieffion, we are afraid to look " back to the means by whicli it was acquired, as " if fearful of fomc defed in our title."* Difcard- ing then a terror of ib ungracious and fufpicious a c]u.dity, let us boldly inquire after the evidence of our right. As God is the only fource of right that reafon or common fenfe can recognife ; and as man is a fubjccl to whom a right is capable ot being annexed ; w'e are to inquire whether any right llowing from that Source, does infa^ attach upon that fubjecl, producing a right in man : which nccelfarily brings * Biackstonc's Com. B, II. p. 2. US ( 30 ) US to the examination of the fubjeill; that it is therefore a part of ihe divine purpole. But, to fav therefore that it is, exciufivcly, tlie cud of his being, is vvliat \vc are not authorifed to pronounce. It is enough for us, that it is a necef- fary confcqucnce of the execution of the divine phin in the crea- tion of man. But as it may br only a partial and collateral con- f'equence ; and as there may be otlier deiigns within the fcope of Infinite VVifdom, in introducing the moral agent man into the univerfe ; it may be a fource ot error, and an occafion of pre- fumption, to adcrt that the iiajij^inefs of man was the I'olc end oi his being; and it anfwcrs every moral purpofe, for man to be well aware, that extreme and eternal happinefs is an uiuivoidabte refult of his conforming witli the rules prefciibed for his actijig by the fovercign will. L 2 fxcefs ( 76 ) cxcefs of force would have induced them to moleft the common purfuit of happinefs, were abridged of their injurious vigour, and reduced to the general level that the rule of duty prefcribed. Thofe whom natural weaknefs or timidity withheld from the benefits they might rightfully have affumed, were invigorated from the collective ftrength of the union, and raifed to the fame level of fecure cxiftence. How that collective ftrength was firft produced ; how government gained its original afcendencyj and how the rebellious will of man that govern^! ment is eftabliihed to control, fo far controlled itfelf at firft, as to fubmit to the conftraint of government, has been a matter of juft aftonilhment in every age of wife refearch. Certainly it nev^r happened as fome theorifts have affumed ; that men, a<5luated by a general impulfe of wifdom, met to concert a regular compad: of union, or form of fubordination. The very effence of government ; which is, coercion j* and its objed:, which is, man * " The defign of ppUcal fociety is, to fecure the tranquillity <' of all its members. In order to this, it was neccflary to tako * meafures for fuppreding all attempts to difturb the public <* peace. Experience has difcovered, that the fupport of fociety ** depends entirely on the coercive power, which by exemplary * punifhments intimidates the wicked, and balances the allure- ** ments of pleafure, and the ftrength of the pafsions.'' Gogiiet. Origin of Lavif Sec. V i. p. 19. himjclf ( 77 ) hmje]f\ render this conjeclure inadmifTible. The growth of government can be traced with much fairer internal evidence of probabilitVj on the fcrip- tural foundation, by fuppofing mankind to have fpread out from one original family, indrucled by the Author of their reafon, and extending patriar" chal authority, till it became fupplantcd by fomc other more comprehenfive. Such was the general nature, defign, and end, of focial regulation. But the extent of the ha- bitable earth, the prodigious numbers of the human race, and the influence of various concur- ring caufes, occafioned man to form different and diftind: focieties. A fcheme of government com- prehending all, would have been in various refpedls jmpradlicable and unnecciTary ; wherefore man- kind, being divided by the progrefs of events, and by other incidental caufes, into different alib- ciations, each of thcfe exerted itfelf to accomplifh that Icheme, which was to be productive of fo much benefit to all, But hence aroie various diverfities in the modes which each devifcd, while they provided their refpfdive regulations, ella- blilhed their particular cufloms, and conftitutcd the artificial organs by which wifdom was to direct, and power ad, for the welfare of the whole. Thefe jiiodcs being differently influenced in different focieties ( 78 ) focieties/ by partial and local circumftanccs, or by peculiar occurrences, induced different charac- ters of ftates ; refembling each other neceflarily in this only, that they fought the fame general end, by the fame general means j but at the fame time, and under the control of that general principle, they admitted various diflincl, and fubordinate principles for their refpediive focietics ; ariiing from climate, foil, extent, and other relative conlidera- tions. The firfb, and governing principle, refpefled man's abfolute nature ; the fecond, and fubordi- nate principle, refpected man's relative fituation. Here was a great field for the characters, paffions, vices, virtues, and talents of men to difplay them- felves ; each of which more or lefs aided to influ- ence the circumftances of eveiy particular fociety. In fome, the great original purpofe of govern- ment was better executed than in others. Some exhibited more, and fome lefs fkill. In fome, the paflions were more, in others lefs, reRrained. In fome, the energies of the mind, the foundations of moral duty, the arts of life, the principles of fcience, were more, in others lefs, cultivated. In all, two rules were profelFcd or implied ; namely, firft, the general rule in refpeft of which govern- ment was originally eflablilhed ; fecondly, the par- ticular rule according to which the particular o- ciety was a^ually arranged. The hrft comprehended thofe ( 79 ) thofe general Intcrefts of miui's nature, which It is client ial tor him to fecure ; the lecond included thofe particular interefts of man's fituation, which it is highly convenient for him to pollefs. The firft of theie form what are intended by thephrafe, nut lira I rights ; the fccond, what are intended by the name of ciinl ox municipal rights. The rule of the former is the abfolute will of God, obfcurely adum- brated by tJie law of nature, but accurately de- fined by the law of revelation ; the rule of the lat- ter is the notorious practice of the fociety, dillinelly expofed by the evidence of enacfted laws, and im- memorial ufage. If the laws and cuftoms of a fociety, comply with the will ot God in what refpefts the natural duty of man, by binding each one, without rcfpecl or favour, to the obfervance of that duty, which all muit obferve in order that each may be enfured of enjoying his natural right ; they are at full liberty to cftablilh their forms, as circumilances Ihall direct ; nor can any reaionablc app^eal be madefrom the varieties of fuch a govern- ment, to any rule whatever of natural right, which reful'cs to take cognizance of all fuch matters. As long as fuch a ibclety continues not to infringe upon that facrcd objecft, natural right is fatlshed. The wliclom of fucceeding generations under fuch a government, being exercifed on matters within iu own experience, the accumulation of their labours ( 8o ) labours conftitutes the moil fecure and folid bafis upon which civil fociety can poffibly reft. Nof can any call for internal change, in fuch a govern-^ ment be urged, upon a plea of natural right , all the claims of which are fully fatisfied, whenever all are equally conftrained by the operation of the force of law. And if, of two focieties, in each ot which this great objedl fhould htfecured, the one fhould exift a repubHc and the other a monarchy, it would be a crime of the fame fpeciftc quality for a party to endeavour, to ere6l the former into a monarchy, as to deprefs the latter into a repub- lic i becaufe in both cafes it would be an offence againft the fundamental law of the polity } which, when the claims of natural duty and natural right are fatisfied, conftitutes the higheft authority to which, under God, man is obliged to fubmit. If on principles agreeable to wifdom, and by means coniiftent with duty, the fociety were to produce that change, there would be no blame, there would even be a right ; but it is not the defire of forty or fifty leaders, of fix or feven clubs, of eight or ten thoufand mutijieers, that can conftitute a fufficient and reafonable ground fordifturbingafyftem under which eight millions of individuals live in the fecurit}^ of their lives and liberties ; in the pra6lical enjoy- ment of ev^er)' obje6l to which the Creator has con- veyed, them a right ; and in the unmolefted profits of their labour, ingenuity, or induftry. ( s. ) To fix the boundary of natural right, to fay what every man may do, we muft look to the rule we have fo repeatedly enforced, and fay what every man nivjl do j we muft look to dut}^ and by its aid deHneate right. We muft look to the duty required ot him who would cxercife a right, and to the duty required of him who would invade or impede that exercife ; for if all perform their duty, that is, if each dues his own duty, fo that no one anno3's or molefts another, each is virtually in pof- felfion of every obje(ft to which he has a right, tlie bounty and providence of God having dilpofed the objects to which he has communicated a right, within the reach of human induftry. We are told in an authoritative tone, that man's natural rights are ///l% iibertx, and equality : To any fair rcafoner we would grant tliis [)olition, becaule fuch an one would not make a fwindlin^' ufe of the conceffion, but would take care that the terms he uled (hould be uniform in their mcan- ijig, and defined in their extent. We would grant the })ofition upon this fair ground, that man has a rig/jl to retain his /i/e, as long as it [)lcafcs God he Ihould do fo ; that lie has a rig/u to a /red ufe of thofe natural faculties for the exercife of which life was given him ; and that a// nien have eqna'/v a ri^ht to thofe benefits. But it i^. imj^ioflible to ]\T make ( 82 ) make this conceflion to the antagonifts who fland oppofite to us in the controverfy, without burthen- ing it with tedious limitations ; becaufe the fame equivocation that we have perceived to exift in their word rights extends itfelf to every word in their vocabulary. That we may not, however, appear to decline the queflion under any form, and thereby virtually to concede that which we altogether refufe, let us endeavour to difcover in what way man can claim a right to fuch things as are conveyed to the un- derftanding by the words, life., liberty^ and equality^ Man is created by God, and endowed with reafon ; a fphere of adici is afligned him, and he is rendered feverely accountable for his ufe of it. He is thus placed in life firft of all for that end, and his life is the firll circumllance necelTary for accomplifliing it ; fince, by extinguifhing the lifey the whole agency is at once deftroyed, and the purpofe en- tirely defeated. That man fliould livey was therefore God's will ; and deftroying the life, in its firft efFeft, is counteradiing the will of God. There is no great myftery in the right to life ; if man is to perform a fervice, he mufh live in order to do fo. As life is rendered, by God's goodnefs, an objedt of defire, as well as of obligation, man adheres to it independently of duty; ( S3 ) duty ; but ftill, as the means of defending it are confided to him, he is to maintain it as thtfubjira- turn of the agency vefled in him. But he has alfo a diftind: and perfonal interefl: in retaining hfe ; it was given him, firft for ufe, and next for enjoy- ment J the fecond confequence of impairing life is, impairing the rightful intereft of man. Man refigns up his life to the Donor without conceiving the notion of a right to retain it ; but if any but the Donor threatens to difturb it, uniefs it be in evident conformity with the will of the Donor, the notion of a duty to defend it, and of a right to preferve it, fuggeft themfelves to his mind. The former, as he looks to God, to whom he is accountable for it ; the latter, as he looks to his adverfary, who has no authority to difturb it. Man miiji live to be able to fulfil the fphere affigned him, till God difpenfe with the neceflity ; man may live, and avail himfeif of that permiflion in the moft effectual manner (provided he does not attempt to fatisfy his perfonal inclination by means adverfe to the will of God) until God withdraw the permifhon. Man's life, on a gene- ral afped:, prefents itfclf to our thoughts in no other way than as a matter of facl. In refpecfl of any unjuft attempt from man to impair it, it may be alleged an objed: of right holdcn of God ; but even then its defence is no lefs a matter of M 2 duty ( 84 ) duty alfo. And though we may defend it with greater alacrity on the ground of right, as feeling the urgency of perfonai intereft, yet we are called upon to defend it on the ground of duty alfo, until duty forbid us to defend it, and then furely the right to defend it ceafes altogether. Such appears to be the nature of the right to life, as far as we can render it intelligible to our underftanding. The right to liberty, feems to flow neceflarily from the right to life juft explained. For, as it is neceffary to live, in order to hold the agency affigned to us ; fo, in order to execute that agency by the rule prefcribed, it is neceffary to be free to do fo \ that is, that our beings and faculties Ihould be free from all unreafonable and vexatious conftraint, embarraffmg or impeding the execu- tion of our office. If we fuppofe the rule of duty faithfully and univerfally obferved, and duty dif- charged on all parts, every man will have a51:ed without the hindrance or impediment of others ; this is the jirfi degree of freedom to which we are entitled, becaufe it is infeparable from the adlual difcharge of the duty to which we are obliged. But, as every man's adivity, who dircds it by the rule of duty, is fufficiently controled, the refidue of liberty that remains after the difcharge of duty, i;eing unprodudive of evil, forms t\\& fecond degree of ( 8.? ) of that freedom, which man, by God's bounty, is entitled to enjoy. Thefe form the fum total of the benefits fought for in the fcheme of civil government, and are therefore comprchenfive of every other. They eftabliOi the liberty of acting; and of courfe, ail the natural confequences of afting; the whole ot which may be included under the notion of pro- perty ; which " confills in a free ufe, enjoyment, *' and difpofal of all the acquifitions without any control or diminution, (fave only by the laws of the land,")* that man renders the objefts of his ading ; whatever be the mode, or quality, of thofe acquifitions; whether corporeal or mental, whether they be of wealth, or reputation. This freedom of ad ion is of two forts or degrees ; firft, freedom to proceed without reftraint in the courfe pre- fer ibed by God ; fccondly, freedom to afTume every perfonal fatisfadion to which that courfe na- turally conducls. As duty is anterior to right, and as the performance of duty not only leads in its ilfue to certain enjoyments, but is aUo ever ne- celllirily accompanied in its progrefs with certain otb.er enjoyments, (the circumflances that enable us beft to fulfil our duties, being fuch as are at Blackstonc's Comm. B,I. p. 138. the ( 86 ) the fame time moft fatisfactory to our natures ; it follows, that the enjoyments which are coeval with duty, and infeparable from it, muft be anterior to thofe which are confequent on duty; and that they therefore conftitute the firft and moft promi- nent part of our natural fatisfadtions, or, to ufe the popular phrafe, of our natural rights. That freedom which we enjoy, when we freely difcharge our obligation to God, conftitutes much the moft confiderable and momentous portion of our free- dom, fmce it fecures to us the free ufe of our life, of our perfons, of our natural and intellediual powers, and of the means of maintaining and im- proving them all ; and is therefore productive of all our higheft enjoyments. Thefe enjoyments from freedom, which are infeparable from the free difcharge of our indefeafible obligation to God, we can virtually define, by defining the duty with which they are commenfurate. It is our duty, to make the beft ufe of the faculties committed to us, in conformity with the rule prefcribed to our intelligence ; it is therefore our duty to maintain our faculties in the beft condition ; fince it is all one to ufe our faculties illourfelves, or to allow of their detereoration by caufes within our power to control. We are therefore to refift every coun- tera, and liberty ; and having feen that they fignify, " a right common to the human nature, ' and therefore equal in every individual, to pre- '* ferve life^ and to ufe it freely ; except where " duty prefcribes bounds to that ufe ;" which feems to include every poflible benefit that man can feek under the authority of natural right ; we find no corner left for the diftindt rig/ii io equality ; the meaning of which w^ords is indeed extremely perplexed, offering nothing precife, or that entitles it to a feparate place in the clafs of natural rights. In the natures of men, all is inequality ; to prevent the inconveniences and miferies reiulting from thence, and to obtain equal fecurity of life and of the ufe of life, was the end of civil government. What then is this equality, which is claimed on the ground of a natural right, inherent in ever}^ man ? Do they who affert it, wifh to abftracl the relative notion of equality from equal fecurity of life and liberty, and then to conco(5t it into an independent and pofitive entity ? This would in tiuth be a def- perate attempt of metaphyfical fublimation. Do they mean to infinuate, that mankind, if fet free from the control of government, would relapfe into ari ( 89 ) an equality of powers and cliaracters ? But truth difcovcrs to us, with every power of tefluuony, that without the control of government, the world mull be a fcene of the moft difaftrous inequality. Do they mean that every man is equally bound to dilcharge the obligation impofcd upon man ? that equal refponlibility, equal neceffity of anfwering to that refponlibility, is annexed to each without exemption or diftinction ? This is moft undeniably true ; but if they mean this, it is the allegation of a duty, and not of a r:'g/it. Do they mean that there is a natural right inherent in man, which is intrinfically and eternally repugnant to civil diftinc- tions in ftates ? If they rjiean this (and it is tolera- bly clear that this is what they with to inculcate) it is a tangle of fallacy and inconiequence, occa- fioned by inaccuracy of thought and equivocation of terms, that calls for iome temperate unravelling. Natural right is fecured by the general perform- ance of natural duty. The particular regulations of a government that provides effectually for the performance of every natural duty, in every part of the community, cannot invade any natural right. In the above perplexed propofition, in which civil diffincliuns are affirmed to be repugnant to natural rights two objetfls are confufed, whofe natures are intrinfically diftind. The notion of civil equality, implicated thus in the queftion of natural right, N is ( 9 ) is in truth no queflion of natural right,* but of political convenience ; and determinable by very different principles than thofe, by which the inquiry into * We have already obferved, and we may venture to repeat the obfervation, that the natural right to equality, or in terms more precife and intelligible, the natural right to democracy of the mo- dem Jacobins, and the di'vine right to ahfolute monarchy of the old Jacobites, are notions that differ only in outward applica- tion, and not at all in intrinfic quality. If we compare, and attempt to generalifc the two propofitions, of a natural, inde feafible right to democracy, and a divine, indefeafible right to monarchy, we ihall find, that they both flow into one common principle ; namely, that there exifls in the eternal and fove- reign reafon of the univerfe, an exclufive pattern or form for human fociety ; precluding all liberty among mankind to de- viate from that form ; even though there fhould exifl reafons of evident convenience, aptnefs, or even moral necefTity for doing fo. The maintainers of this doftrine, however, have been fo unfortunate as to differ veiy widely (indeed as widely as op- pofite extremes can be) in their application of this arbitrary maxim ; fome applying it to the confluence of all the artificial powers of government into one individual perfon ; others ap- plying it to thediifufion of thofe fame powers to every indivi-^ dual in the fociety ; the one deriving effectual fupport to the ambition of a few afpiring individuals, from the irrefiflible energy of defpotifm ; the other deriving an equally flrong fup- port to a few afpiring individuals, from the irrefiftib'e im- petus of a multitude. Each reafoned witn an equally grave plaufibility from tieir common principle ; the firfl alleging, that it is neceflary for mankind to exifl under a fufficient con- trol, which can only be effeftcd under an abfolute monarchy ; the fecQnd, ( 9' ) into the natural right of man is to be condudled. It is a qucftion whether or not, in any given govern- ment., in which civil diflindlions are admitted, the original end of government is truly attained. To decide which, we arc to revert to the original defign of government i for the government that bcft at- tains that end, will thereby approve itfelf to be the beft conflituted oovernment, whatever artificial regulations it may have eventually admitted. The objeft of government therefore, being (as has been (hown) to obtain the difcharge of duty fecond, that man ought to cxid under no more control than is fufficient, which can only be fecurcd under a democracy. The firft part of their pofitions is perfedly true, but they con- chided very erroneoufly. Both were fo far true, that it is right for man to exift under a fufficient control, and under no more control than is fufficient. But it happens, that democracy is by its nature hoftile to the firft of thefe, and abfolute monarchy to the fecond. So that though each oroduccd a re?f^n invalidating thccLiim of the other, neither produced a icafon eftablifliing its own claim. All that followed was, therefore, that to obtain control fufficient, democracy ought to be avoided ; and that to prevent that control from being more than fufficient, abfolute monarchy ought to be avoided. And in this we dif.over, if not what particular compound of government is moft conducive to the fccurity and happinefs of mankind, at leaft that it is neither abfolute monarchy nor democracy ; and confequently, tliat both Jacobite and Jacobin are equally unfupported by the ground, on which each have fucceffivcly attempted to erccl, their very different and difcordant fyftems. N 2 among ( 92 ) among mankind, in order to be able to acquire the happinefs that can only be obtained by that procefs ; if in any given country, whofe Internal polity has contrived artificial ranks and claffesot fubordination, it be queflloned, whether fuch a contrivance invades the natural right of man ; we are not to put the iffue upon a general aflcnt to, or diffent from the terms of the queftion, (which is the very matter in debate) but we are to examine and determine whether in that given country, the government eftablKhed defends and fecures the natural right of man ; which if it does, the particular regulations of a country, in which the natural right of man is fo fecured, cannot, confiflently with common fenfe, at the fame time endanger them. For, if the means employed are fuch as evidently produce the end of government, "and therefore fecure man's natural right, it is quite impoffible they fhould be at the fame time deJiruBive of the right they fecure. We cannot too often enforce, that the object of government is, to produce the difcharge of thofe duties in each, which (hall ehfure to all the enjoy- ment of what they denominate their natural right. Thefe duties, forming a part of that abfolute and indefeafible obligation with which man is born, each one brings them with him into fociety; nor can any artificial or incidental circumflancc of focial life ( 93 ) lite whatever, exDncrate any one from that condition, to obtain the performance of whicli in all^ is the very effence of affoclation, the immutable purpofe of all government. Becaufe if any are exempted from the necefTity of the obligation, in that pro- })ortion the fuccefs of the fcheme of government is rendered abortive. Every contrivance of government, every artificial regulation that focieties may introduce, is to be cftimated by its tendency to produce this general refult. To devifc an arrangement that might produce that refult, was left to the labour and in- duftry of man in every feparate fociety. Different were the modes that each adopted, and accordingly as they, were more or lefs apt to gain the purpofed end, they fucceeded or failed, they were continued or changed. The progrefs of experience improved the progrefs of civil polity ; experimental good or evil guided each fociety in correfting or varying that which had proved inefficient to, or deftruclive of, the great intereft of the union ; and in propor- tion as any fyftem improved, the dllcharge of duty in e-'jery member of the fociety, became more ex- tended and more efTeclually enlured. In the great comprehenfive fcheme of God, the difcharge of duty is the end for which man was created j ( 94 ) created; it is the right of God*s fovereignty, which overrules and determines every other confi- deration. The happinefs to which, by God's good- nefs, that difcharge leads, is anticipated by the heart of man, and is a powerful nieafis contrived by the all-wdfe Creator, to allure him to that difcharge. But in the partial fcheme of civil government^ the operation appears to be reverfed. The happinefs to which the nature of man tends ; that happinefs which is provided to be the refult of the perform- ance of duty, and to which he is intitled by the difpenfation of the divine bounty ; is the end de- figned by the inftitution ; and the means employed to attain that end, are means calculated to produce the difcharge of duty, as inftrumental to that hap- pinefs. Here again we difcover the neceflar}'^ fub- ordination of man's happinefs, to which he alleges a right, to God's purpofe, in wdiich he is confcious of an obligation. The perfect and entire difcharge of duty, can- not be produced by the operation of any fecondary and external caufes. Near approximations are all that either wifdom expefts, or nature allows. He who would be at the labour of fearching for abfo- lute perfection in human affairs, would refemble the fimple boy who chafed the rainbow j a meteor, the laws of whofe being have nothing in common with ( 95 ) with the laws of fubftantial exlftcnce. Perfedion in government, mull ever be relative to the ability of procuring the moft attainable degree ofhappi- nefs among mankind, by means of the moft prac- ticable neceffity to the difcharge of duty. The claim to perfedion in any human govern- ment, muft therefore produce evidence of thefetwo things : firft, that it is (o conftituted, as to include ever)' attainable means for Gn^ovc'ing unti/erfa / oI?edi' ena of the duties that man owes to man, as initru- mcntal to the general happinefs ; and to contain no principle tending to counteract its own end : fecondly, that it be fo conftrudted, and calculated in its ditfcrent parts, as to promife permanency ; fmce the permanency of happinefs, is of abfolute neceffity to its completion. The hiftory of mankind is a hiftory of govern- ments, attended with more or lefs fuccefs, contri- ved with more or lefs effect to anfwer tlie end in- tended, and lafting a longer or a fliorter time. In that inftruclive hiftory, we are enabled to furvey at leifurc the different forms that government aftumed in different focictles, to trace the refped:ive operations of each, the caufe of its luccefs, the oc- cafion of its failure. In fome, the power for compel- ing obedience was injnfficient , in others, its operation was ( 96 ) was partial; whereas in every one it ought to be, both umverfal and complete. The machine of government, in its genuine de- fign, fuppofes a force and a re fi (lance. The force conlifls of an union of the natural powers of man under the guidance of reafon, emplo3'ed to over- come the refijlance produced by fimilar powers under the ihftigation of paflion. But the confti- tuent parts of this machine, when confidered in refped; to practice, contain a radical imperfection which no human contrivance can ever remove j becaufe it extends beyond the reach of human agency, and fubfiftsin the ver}' nature itfelf of man; in that defedt of his nature, which alone rendered government neceffary. If the force of government were to be exercifed by Infinite Wifdom, as is impHed in the true meaning of a theocracy, that imperfeftion, which more or lefs attends every pof- (ible form of human government, would not exiil; becaufe in that cafe government, which is defigned to be exerred according to the rule of wifdom, would in reality be fo exerted. But as foon as the fcheme was attempted to be reduced to pra<5tice among men, the inherent detV fphere contrived for each, none would be exempted from the operation of that neceffity, and the refult would be univerfal obedience, as far as the nature of man will allow ; and its produce would be thofe enjoyments of exiftence, which naturally flow from thence, and which compofe what are called in popular phrafe, the natural rights of man. And under the enjoyment of thefe, the united induftry and talents of each would be enabled to multiply and cultivate thofe other fubordinate enjoyments, which he calls his civil rights. And it is a very i^ibnable prefumption, that the government that beft attains the general end of its inftitution, will provide alfo the beft ftore of focial benefits, or civil rights: for it can only attain the g^eneral end, by a ftricl obfervance of wifdom andjuftice; and wifdom and juflice are all that is required, to eftablifli civil rights on the beft and moft profperous foundation. To the confcience of ever}' Englifliman we now appeal ; to that honour, that frankncfs and honefty, which, we fiin would flatter ourfelves, ftamps the character of Engliftimen ; to them we afk Where has fuch a government been found } What focial fruits has that government produced } Did it exift in Egypt or the Eaft ; in Greece or in Rome ? No ! it was at bv-ft a phantom in the Q 2 minds ( "6 ) minds of theit wifeft philofophers ; a point of imaginary perfection, to which they hardly could allow themfelves to hope, that human nature would, in pradice, ever be able to attain. Did it fucceed to the fubverfion of empire in Rome, and eftablifl:^ itfelf on the ruins of imperial tyranny ? Alas ! the various fhapes of defpotifm or licentioufnefs, that fprung from the ruin of the empire, Ihowed how ill it was to be procured by turbulence or war. Did it any where attempt to gain as real and fubftantial exillence ? If fuch efforts it feemed here and there to make, they proved abortive ; the balance was prefently turned, and the fcale fixed by the preponderance of one or other of tlie powers. There remained however one great and illuf- trious exception, one brilliant and fingle inftance of fuccefs amidft the general failure. This prin- ciple of government, the faireft offspring of wif- dom and of juftice, involved itfelf in the origin, of civilization in England, and accompanied its progrefs through every modification of its polity. It influenced every aft tending to the public good f and if at any time the equilibrium was loft by the vacillation of the balance, this principle rellored it ; it brought the fcales by degrees to an exadt and perfed ( "7 ) perfect equipoifc ; and at length fixed the beatp, lb that no moderate convuliion eould turn it. From the commencement of our hiftory, we difcovQr the principle of the partition of powers; of the oppofition of partial intereflsj producing the fecurity of the aggregate intereft ; of that tri- partite diftribution of power, which only can effec- tually and certainly cnfure to duty and right, 3, force at all times equal to their deiejice. In the progrefs of that hiftory, we have proof of the falu- tary cffcd: of this arrangement, in tlic boundaries at different times afligned to thofe different powers ; by fometimes abfcinding from the one and adding to the other, according as experimental necefifity diredled ; until at length their due relative propor- tions were accurately defined and fixed, by the truly glorious and happy revolution of 1688. An event, how much more juflly to be remembered with pious gratitude, and commemorated with patriotic ardor, by Engliflimen, tlian any one of the i/iree revolutions of France, during the laft feven yearly by the ill-fated vidtims of their fury ! Such is the nature of the government fybfifting in England. It provides a univerfal control over ^11 who are lubject to it, whether king, peerage, or commons : for king, peers, a^d commons, arc equally ( ii8 ) equally fubjeft to that rule, which is paramount over all. As far as human nature can allow it, as far as any eifedt can be perfect, of which man is the inftrument or medium, the conftitution of this government is perfed:. Some of thofe defedts which will ever adhere to works of human execu- tion, may doubtlefs be difcoverable even here 5 but it contains within itfeif a correfting energy, a6ting always up to the meafure of experimental neceffity. That principle which was coeval with its origin, and attendant on every ftep of its pro- grefs, illll animates its fyftem j it is immortal and" exhauftlefs as the immutable wifdom from whence it fprings ; and if we defer t not it, it never will defert us. -ajP!''* * It prefents to all, a full meafure of the fruits of accompliihed government, namely, equal necejity to duty equal fecurity of right. The inevitable confequence of that moderating fyfhem of legifla- tion is, a correfponding moderation and equality in the adminiftration of the laws provided. Each interefb contributing equally to make the law, no artificial fundion is exempted from that neceffity to duty, no individual perfon is excluded fn.m that equal fecurity of righ t . Neither wealth nor privilege, poverty nor obfcurity, furnithes the leaft exception from the former ; on the other hand, equal fecurity of ( "9 ) of right is extended to all. He who toils in iht meancft office of fociety, (lands on the fame level with the prince of the fovercign's blood, in the facred eye of the law. Though the Ichemc of government requires, for the cxiftence and motion of its machineries, the contrivance of different degrees of fubordination, yet the refult of the whole is, fccurity and protection dealt out equally to each. The honeft avowal of a diftinguiftied foreign writer, the native of a republic, is perhaps one of the moft fatisfadlory evidences that can be produced to Englithmen, of the ineftimablc blef lings they poflefs in the adminiftration of the laws of their country. " The fingular lituations of the ** Engiifli judges relatively to the three conftituent " powers of the ftate, has at laft created fuch *' an impartiality in the diftribution of public " juftice in England, and procured to every in- " dividual, both fuch an eafy accels to the courts f of law, and fuch a certainty of redrefs, as are ** not to be paralleled in any other government: " Philip de Comines, fo long as three hundred " years ago, commended in ftrong terms the f< exadnefs with which jufLice is done in En2;iand " to all ranks of fubjeds ; and the impartiality ** with which the fame i? adminidered in thefe " days, win with flilliiiore reafon create the fur- ** prife cf every ftrangcr, who has an opportunity of *' ob- ( 120 ) *' obferving the cuftoms of this countr}'-.*" Such is the blefling exceeding all calculation, which wc derive from the adminiftration of public juftice, *' relatively (as this writer well remarks) to the three " conftituent powers of the flate." If we were to allow any one of thefe conftituent powers to be in the leafb impaired, a change in that admirable fyflem of juftice, entailing confequences affee *' could we be fo 'certain of finding the three great ** qualities of government lb well and fo hapj^ily * united, If the fupreme power was lodged in *' any one of the three branches leparately, we *' muft be expofed to the inconveniences of cither *' abfolute monarchy, ariftocracy, or democracy 5 ' and lb want two of the three principal ingredients ^* of good poUty, cither virtue, wifJom, or power. If [( 1^6 ) If it were lodged in any one of the tv/o branches ; for iiiftance in the king and houfe of lords, our laws might be providently made, and well exe- cuted, but they might not always have the good of the people in view : if lodged in the king and commons, we fhould want that cir- cumfpeftion and mediatory caution, which the wifdom of the peers is to afford : if the fupreme rights of legiflature were lodgi^.d in the two houfes only, and tlie king had no negative upon their proceedings, they might be tempted to incroach upon the royal prerogative, or perhaps to abolifh the kingly office, and thereby weaken (if not totally deftroy) the ftrength ot the executive power. But the conftitutional government of this illand is fo admjrabiy tempered and com- pounded, that nothing can endanger or hurt it, but deftroying the equilibrium of power between one branch of the legiflature and the reft. For if ever it fhould happen that the independence of one of the three fhould be. loft, or that it fhould become fubfervient to the views of either of the other two, there would foon be an end of the conftitution.*" And as each of thefe three is efpecially moved to adhere to one of the tliree leading interefts of fociety, the popular part being the ftrenuous defenders of indl- * Blackftone's Comm. b, i. ( '27 3 iftdivit-lual liberty in particular ; the nobles being the jealous protectors of opulence, and all its ad- vantag-es, and therein at the fame time oi property in general, and all its enjoyments ;* there being but one law ibr property in all its various degrees of * It is wortliy of remark hero, that the fiift gre t fecurity obtained for the property of every denoniinacion (. t perfuns in the realm, and that, too, at a time whjn ihj bulk of the peo- ple were immerfed in valfalige and flavery, was proc:;red by thejealoufy with which the rich barons furveyed the arbitrary charafter of the Crown. It was to tht m that the nation owed X\\t great Charier of Liberties, by which the prop rty cf every Englilhman was placed upon the fame level of fciiri y; a .d {to ufe the words of the excellent Blackftone) it did that " which alone would have merited the tith- that it bears, of ** l\\t great charter, it protefted e\cry individual of the nation ** in the free enjoyment of his life, his I.berty, a-.d his pro- " perty, unlefs declared to be forfeiced by the judgm nt of his *' peers, or the law of the land." At ,; much later pt-riol cf our hiftory, when the abuf' of ihe king'y power had given way to the abufe of the democratic power, of the conlHtuticjn ; the peerage of the realm oppofcd ti.e career cd t'.e latter, as in the time of John they had oppdfed the conduct of the ("town. But the Crown being then extingnifhed, the pecage became only the weaker of two contending powers, and were foon aboliflied, and voted to be uielefs and dimgerous, by thofe, who defired to fway without control. In which hiflorics, we may xemark, firft, the benefit of the intermediate body vi the nobles, while the ftate remained entire ; and fecondly, the facility with which the whole fabric of the conftituiion was over- turned, as foon as an infradion was made into any of its parts. the ( 128 ) wealth or competenqr j and the king being, by the unity of his political capacity, the vigilant and efFedtual maintainer of the force of government, by which fecurity is produced ; and in maintaining which, the dignity, and fafety, no lefs of his per- fbnthan of his office, entirely depends ; it becomes morally impoffible that any one fhould abandon its particular interefts, and confequently that the in- terefl of the whole fhould not be fully promoted. The conftitution of England ^ however, while it has eftabliihed itfelf on the general plan firft com- mended by Cicero, has infinitely refined upon the general principle, by the admirable conftitutions of the regal, mediatory, and reprefentative organs of legiflation; (abfolutely in themfelves, and relatively to each other;) and by the delegation of all the exe- cutive power to a fingle individual, who is kept in check by the entire referve of the treafure of the country to the difpofal of the great councils of the na- tion, with different degrees of power : thus adapting its parts fo exquifitely the one to the other, that they appear to blend into a perfed: whole, in which the radical diverfity of interefts are with difficulty dif- tinguiftied: each conftituent part being render- ed fufccptible of the interefts of each, and in a manner an epitome of the whole. But ( 129 ) But this permanency of government, which wifdom calls for as indifpenfable to its perfedlion, is dilblaimed by our antagonifts as eflentially con- trary to their " rights of man". Thofe rights, fay they, proteft againfl any reilridion being impofed by one generation upon another. Here we again difcover, with amazement and with grief, the fnare woven by knavery, to entrap inadvertency and fim- plicity. Had government no better foundation on which it could reft than the caprice of man, their objcdion would be admiflible ; becaufe no man is obliged to fubmit to the caprice of another. But as ever}^ man is born the fubject of InfiniteWifdom ; as he is bound in his nature by an abfolute and indefeafiblc obligation to the will of God; and is feverely accountable for his obfervance of the rule prefcribed by it ; as civil government adls on be- half of that wifdom, and in conformity with that rule ; and as the authority of wifdom is in every age unalterably the fame ; it fignifies nothing in what fpecific generation the injunctions of wifdom received the fandtion of human laws. In order, therefore, to be free from fo embarraffing a rule, and to leave the door open to the continual a61:ion of intereft and paffion, thefe have endeavoured to perfuade, that government has no rule but the will of the community , thereby intending to give force to the abfolute iC/77/o/"w^w, independently S of ( IJC^ ) of ei'cry moral rule. And to this hypothecs thtj have adapted all their reafoning. But if this prin- ciple were admitted, man's right would extend to prevent the continuance of any inftitution that wifdom might enjoin ; and the fpeculations of every race, being backed by an alleged right to make ex- periment of thofe fpeculations, the beft efforts of wifdom might be over- ruled by the operation of a principle, pretended to be implanted by wifdom herfelf ; than which nothing can well be more prepofterous and abfurd. Such a right would, in effedt, be a right to maintain an unceafing revolu- tion of human affairs ; and the right of one gene- ration, following clofe upon that of the preceding one, the old age of man would have no ground for hoping, that it fhould enjoy the continuation of that which his manhood had laboured to efla- blilh ; there having fprung up a new right with power, capable of over-ruling the bare right, which the decrepitude of age now left deflitute of fup- port. Thus, the duration of governments would merely extend from the age of vigour in one gene- ration, to the age of vigour in another ^ and their (lability would remain to be computed by the longevity of man in each, determinable only by their reipedive bills of mortality. On ( '3' ) On fuch a foundation would reft the whole fabric of fociety, the whole apparatus of govern- ment, if tliere were not fome fecure ground, fome folid Jubftratum^ immoveable by any plea of right in man ; on which fuch plea muft depend ; and which, in the event of oppofition, muft quafti every plea of right fet up by man. Such a ground is wifdom ; enjoining ftrict obfervance of the rule of duty, thence deducing the notion of right in man j and dired;ing to an union of the natural energies of man, to compel obfervance of that rule, thence to acquire the natural obje(fts of that right. This is the only true and genuine nature of government, which is more or lefs good, not as it agrees or difagrees with arbitrary and indiftindt notions of right j but, as it is more or lefs capable of fecuring the end fought for by its infti- tution. Until a remote view of the corufcations proceed- ing from the conflagration of the ancient monarchy of France, was miftaken by many for the dawn- ing luftre of a brighter day, we w^ere all accuftomed to believe, that this great objccl was attained, and in a manner almoft miraculous, under our revered conftitution. There are ftill many, very many, who hold this opinion unlhakea ; who have been proof againft the fliort-lived illufion. S 2 Theic ( ^32 ) Thefe conceive, that the pole ftar of vvifdom, by which the hehn of Britain has been {leered during a boiflerous voyage of many centuries, and by means of which the facred veflel was at length prolperoufly brought to her moorings in the haven of the Revolution, prefents to all mankind, but experimentally to Britons, a far fecurer guidance than the incendiary blaze of France, however its glare may fenfibly exceed in intenfity, or its ap- parent diameter in magnitude. We fhall enter into no further examination of the peculiar excellencies of the conllitution, firft, becaufe it would extend this addrefs beyond all confident bounds ; fecondly, becaufe we have done all that we were deiirous of doing, by Ihow- ing that the Englilh conftitution eftabliflies th^t equal neceflity to obey the force of government in every individual, which is the objed: of all gOt vernment, and that it does this folely by the triple and equal diftribution of its legiflative power ; but laflly, and moft particularly, becaufe that work is already greatly accomplifhed, and by talents widely different from ours. Were thofe inva- luable produdlions as induflrioufly confulted, as the fcurrilous and lying ribaldry diffeminated by the friends of diforder ; the conftitution would be- come an objedl of far more enthufiaftic admiration, than ( 133 ) than it has ever yet been of obloquy and abufe. To thofe found and pcrfuafive writers, let us diredt the attention of every defcription of Englishmen; thofe particularly, who feel an anxiety to form an opinion of the conftitution, or a defire to pro- nounce a judgment upon it ; but moft cfpecially thofe, who have joined in the uproar and clamor that ignorance, yielding itfelf to the authority of treafon, has fozealoufly raifedagainflit. There they will difcover, with wonder and with indignation, that they have been made the dupes of the moft hollow and unfubftantial artifice that was everexer- cifed over the underftandings of mankind. There they will difcover, that what has been held forth to them as an objed: defervingonly of their contempt, their fufpicion, and difguftj will transfix them by the evidence of its worth, and fulfil them with con- fidence, with affeftion, and rcfped: : They will foon be convinced, that thofe who flandered their birthrights and the iburce of their fecurity, had their fccret reafons for being the enemies of tlieir birthrights and fecurity ; and if they cannot cxaClly trace the fpecific interefl that each purfucd bv iiicli a proceeding, they will at lead detect the fpiris: of treachery and viilany that confpired their deflirur- tion. To thole oracles, tiicreforc, of fair and honeft reafoning, thofe juft and f;iithful cxj/jfitors pf the laws and conftitution of his country, wc refer ( '34 ) refer every inquiring Briton ;* fatisfying ourfelves with producing here only one authority, but which is qualified for this fele(^lion by the particular cha- racfler of the man, whofe writings have eminently tended to raife tiiat perturbed and unhallowed fpirit, which, from the heart of France, his native country, now diffufes melancholy and diilrefs over the whole face of Chriftendorq. " We may believe," fays this writer, " that^ a " conflitution which has regulated the rights of the '* king, of the nobles, and of the people, and in ** which each finds his fecurity, will laft as long as " any thing human can laft. We may further " believe, that all flates that are not founded on " fimilar principles, mud undergo revolutions," " The government of England has attained " this objedt by inflating men in all thofe natural " rights of which they are abridged in almoft " evsry monarchy. Thefe rights are, entire liberty *' of his perfon and property ; the liberty of ad- *' drefling the nation in writing ; of not being " judged in any criminal matter otherwife than " by a jury compofed of independent men ; of Sec Blackftone's Commentaries Vol. I. De Lolme, on TAe CoTtJlitution of Evgland. Paley's Moral Pkilof op hy^ Vol. 11. b. 6. Montefquieu's Spirit of Laws, b.ii. " being ( '35 ) being, in no cafe, othervvife judged than accord- ing to the ftri6t terms of the law ; of peaceably profcfTing any religion, with the fole condition of foregoing thofe particular fituations which are fet apart for the eftablifhcd church. Thefe are ft3'led prerogatives ; and it is in truth a very great and happy prerogative, over and above moft nations of the earth, for a man to be fure in going to bed that he fnall rife in the morn- ing mailer of the fame property he then pof- fefled ; that he fliall not be torn from the arms of his wife, from his children, in the miuJle of the niglit, to be conveyed to a dungeon or a de- fert ; that in rifmg from his bed he fhali have the power of publicly expofin^ his thoughts ; that if he is accufed of any crime, either by ad:, by fpeech, or by writing, that he Ihall only be judged according to law. And this prerogative extends its foot to ever}' one who fets his foot in England. A foreigner enjoys equa'Iy the liberty of his perlon and property ; and if he is accufed, he may demand that half his jurors lliould be alfo foreigners. *' I will venture to affirm, that if the whole race of men were aflembled for the purpofe of making laws, they would be formed after this model for the general fecurity."* * Voltaire, DiB. Philofoph. Gcuternment. Such ( '36 ) Such is the condition, under which that pof tiOil of mankind who inhabit the Britilh illands, enjoy by God's good providence their favoured exiftence ! flich is the refult of that coincidence of circum- flances, which has confpired to place their country on the pinnacle of the world 5 and which has ren- dered Great Britain the mediating power in the fcale of nations, to which all look for the preferva- tion of the rights and liberties eftabUfhed among ftates. To every Engliftiman, the confhitution of his country is his deareft and moft valuable pof- feflion ; it is his right to hold and to preferve it. But it is alfo the right of his pofterity, intruded to his care ; it is therefore his duty to honour and to defend it. It is an efficient engine in his own hand, the beft that the united labours of reafon and experience have yet been able to produce, for acquiring the moft prafticable happinefs that the fhort life of man can ever hope to tafte. It is his right to defend it, as he defends his caftle ; but what is of far prior importance, it is his bounden duty to defend it. There is an expedient, congenial to their natures, to which the adverfaries of the conftitution have ready 'recourfe, in order to reprefs any movements YOU might be difpofed to make to control the adivity of treafon \ and that is, by reprefenting all fuch ( m ) fuch efforts as engaged in the fupport of tyranny, and having for their ultimate objed to extend the power of the Crown ; thus repelHng the charge of treafon by the counter-charge of fervihty. And if fuch a fhratagcni could be fuccefsful ; if confcious integrity were unable to maintain itfelf againft confcious crime ; if the courage of virtue could not cope with the courage of guilt, nothing more would be required to extinguifh the conftltution, and to accom])lilh the fcheme of anarchy and de- fol-Uion. As foon as Engliflimen fliall be deterred, by the lofty tone of traitors, from engaging openly and boldly in the caufe of duty ; as foon as the fear of enduring that imputation which their hearts repel, (hall overcome their propcnfity to difcharge tliat duty which their hearts enjoin ; as foon as juries fliall imbibe the fatal maxim, that the crime of treafon is of fo indefinite' and doubtful a quality, as to defcrve by every pofliblc contrivance to be refcued from the rigour of the law ; and as foon as it fliall be radicated in the minds of the multitude, that though it is the duty of every one to bring forth to juftice, him who fteals to fatisfy the cries of hunger in an impoveriHied family, it is yet infa- mous, and an offence againft all fociety, to inform againfl him who endeavours to plunge fociety itfelf into mifery and blood 3 as foon as all thefe things fliall be accoinpl idled, the triumph of treafon will T be ( >38 ) be completed, and the period of oui illuflrlous go^ vernment irrevocably fixed. But if thefe things are permitted, if they who feel the impulfe of duty to maintain the authority of government, are to be checked in their purpofe by the falfe and infamous afperfion of fervility, direfted againfl them from rebels and confpirators ; what becomes of confcious lincerity, of virtuous courage, of triumphant honour ? Shall thefe be baniilied from the nation in accomodation of the fcheme of treafon ? Shall the clamor of villany unnerve and paralyfe the arm of integrity ? Is not this the ftale and hacknied artifice of crime wherever it appears ? Has not the tyrant at all times challenged the afTertor of liberty for a rebel ; and has not the traitor at all times challenged the vindicator of government for a Have ? And are thefe fenfelefs words, uttered in rage and defpair, to command the world and to break the fpirit of freemen ? It is our duty, a duty which honour no lefs than confcience peremptorily enjoins, to take our pofl between tyranny and trea- fon ; tO' refill with equal vigour and unrelaxing determination, the enemies of regulated liberty,. from which ever fide they advance ; whether they in- fult under the flyleof Prince or of Citizen ; whether they emblazon on their banners the Crown or the Cap ; whether their pretext be, to reduce rebel- lion, or to extinguiih tyranny : they are equally and ( 139 ) and eternally the enemies of peace, of freedom, and of England. At ail times the defence of jud government is the defence of right. The intereil of the power of government, under the Britilh conititution, is the perfonal interefh of every free and upright Briton. It is the power that commands that flate of outward circumftance, from whence refuits the enjoyment of every object of his right. At all times, therefore, intereft and duty direct us, with the voice of autho- rity, to maintain the conditution in all, and each, its parts. But at this 'particular time, and in reipe(5t of thofe tragical events to which this addreis has reference, the duties of Englifhmen, and of Your- selves moft efpecially, are called forth in a peculiar manner towards that particular branch of the conflitution, which has been more immediately endangered. Thofe who are unable to difcriminate between courage and ferocity, between religion and fuper- ftition, between the ufe and the abufe of things, we have no hopes of convincing that loyaity is not fervility. But let fuch perfons know, that the confufion of their own ideas will induce no confu- T 2 fion ( 140 ) fion into the nature of things j and that none arc fo little likely to lapfe into fervility, as they who take pains to inveftigate the nature of loyalty, and to afcertain its extent, " Allegiance," fays the Law of England, " is " ufually, and therefore moil eafily, confidered as " the duty of the people ; and protection, as the " duty of the magiftrate i and yet they are recipro- " cally the rights as well as duties of each other. *' Allegiance is the right of the magiftrate, and *' protedion the right of the people.*" " Allegiance is the tie, or ligamen, which binds ** the fubjeft to the king, in return for that pro- " tedion which the king affords the fubjedl.t" " The law holds, that there is an implied, origi- " nal, and virtual allegiance owing, from every fub- *' jecT: to his fove reign. For as the king, by the ** very defcent of the crown, is fully invefted with *' all the rights^ and bound to all the duties^ of " fovereignty, before his coronation ; fo the fubjecft " is bound to his prince by an intrinfic allegiance, <* before the indudion of thofe outward bonds, of *' oaths, homages, fealty, which were only inftitut- - BUckftonc. B. I. c. I. + lb, B. I. c. lO. ed ( H> ) *^ ed to remind the fubjed of his previous duty, ** and for the better fecuring its performance. - ** Which occasions Sir Edward Coke very juftly " to obferve, that all fubje(5ts are equally bound " to their allegiance, as if they had taken the ** oath; becaufe it is written by the finger of the *' law in their hearts, and the taking of the corporal *' oath is but an outward declaration of the fame.*" " It is due from all born within the king's " dominions immediately upon their birth. For ** immediately on their birth they are under the ** king's protedion ; at a time too, w4ien (during " their infancy) they are incapable of proteifling " themfelves. Natural allegiance is therefore a " debt of gratitude, which cannot be forfeited, " cancelled, or altered, by any change of time, *' place, or circumftance, nor by any thing but the * united concurrence of the legiflature.t" " Allegiance is held to be applicable, not only *' to the political capacity of the king, or regal *' office, but to his natural perfon and blood royal. " And from hence arofe that principle of perjonal " attachment, and ajfe5iionate loyalty, which induced *' our forefathers (and, if occafion required, would *' doubtlefs Induce their fons) to hazard all that was Ibid. + Ibid. " dear ( 142 ) ** dear to them, life, fortune, and family, in defence " and fupport of their liege lord and fovereign."t Thus fpeaks the free, but juftand honourable, fpi- rit of the conftkution, by the pen of one of the ableft aflertors of the rights and liberties of Engliflimen. And the more we fhall examine what it pronounces the more we fhall difcover, that every fair indu6bion of reafon, every genuine impulfe of honour, will guide us to the fame conclufion. The protecflion to be thus afforded, to the fub- jeft, proceeds in a principal degree from the natural and mechanical exercife of the regal office ; which is fo contrived under that admirable form of go- vernment which we have in a general way confidered; that the mod common action of its own princi- ples, if they receive no obflrudion from him who is to exert it, furnifhes a degree of protection to the fubjeft, unknown in any other country'. But if it happen that the individual exercifmg that office, at any given time, (hall poflefs a mind har- monifing with thefe principles, and fhall add the impulfe of his own inclination to the natural a6lion of the fprings, as opportunity fhall offer ; then the degree of protedion is increafed j and although the great majority ofprotedion afforded, is to be 4 Ibid. attributed ( '43 ) attributed to the kingly office legally dlfcharged, yet the accefs of prote<5lion is to be alcribed to the particular incHnation of him who exercifed it ; and is, upon every principle of truth and ordinary juftice, to be imputed to the individual himfelf. What general protet^lion has been uniformly extended to the nation, by the faithful difcharge of the duties of the Crown ; but in a more efpeciai and ftriking manner, during the awRil crifis of the prefcnt reign ; during the paroxyfm of feditious and fanatical fury in the year ijSo; and again, during the laft few years, in which the alarm that pervaded the nation has been gradually allayed by the vvifdom and determination of parliament, and the daring enemies of the confiiitution coerced and reduced, by the firm and faithful exertion of the executive arm ; is known and felt by all who are fo hap4)y as topoflefs their minds in freedom, un- biaffed by the control of pafTion or of party. But to tell Engliihmen that they enjoy the general pro- tection i tilling from the Crown through every fubor- dinate function in the realm, would be an idle oc- cupation of their time ; it would be telling them of that which the experience of every parifli in the kingdom, daily and hourly demonftrates. But to inquire whether we have received any particular proteftion ( 144 ) protedlion from the opportunities afforded to tte adual pofTeflbr of the Crown, and to be afcribed to himfelf, perjonally, on the principle above ad- duced, may not be fo idle an occupation of their time ; and it is one that honour and juftice pofi- tively enjoin ; becaufe it is againll him individually that paflions the moft infernal, aftlng by inftru- ments the moft formidable, have direded all their energ}'. Perfonal liberty, is the great crj' of Engllfhmen j it is the houfliold god of every tenement in the realm ; it is fo deeply imprellcd upon our imagina-* tions, that many while they adually poffefs it, run about in purfuit of it, with as much anxiety and as much jealoufy, as if they had it not. It has been the policy of arbitrary fovereigns, in all times and countries, to prefervc an influence over the courts of judicature, in order to enfure the execu- tion of their will, and the coercion of thofe who might attempt to difturb its career. They did this, either by referving to their own perfons the power of determining caufes, or by appointing to that office creatures of their own, inftruments of their defigns, and dependants on their pleafure. " In very early times, our kings (fays Blackftone) " often heard and determined caufes between ** party ( >45 ) " party and party.'* In the courfe of events, " they delegated their judicial power to the judges " of their feveral courts i'* but ftill, as thefe held their fituations by the pleafure of the fovereign, and as the emoluments of thofe fituations depended on the fame pleafure, the door was open (as expe- rience fliowed) to many and great abufes, and to va- rious opportunities for fatisfying the appcitite of the Crown, at the expenfe of the liberty of the fubje6t. To remedy this dreadful evil in fome degree, and to prevent the entrance of fo many abufes as that latitude admitted, a ftatute was enabled in the thirteenth year of William IIL by which the judges* commiflions were made out to continue during their good behaviour, their falaries were regulated, and other provifions were made, tend^ ing confiderably to reduce their dependance on the Crown. But though the door to abufc was thus nearly clofed, yet it was not entirely ftiut ; and while it remained in any degree open, abufes were ever liable to infmuate themfelves, and the perfeft liberty of the fubjed remained unfecured. Such was the cafe when his prefent Majefty afcended the throne of England ; but fuck is the cafe no longer. Hiftory will faithfully proclaim, and pofterity will gratefully commemorate, the illuftri- ous caufe of this lafl: ad that remained, to clofe and rivet the perfed liberty of Engliflimen. It U flands ( U6 ) ftands thus recorded on a page, that will outlaft every thing that is not immortal as the fpirit of its author ; that, " By the desire of His present Ma- " jesty, the Judges have been made ** completely independent of the King, " His ministers, and successors."* " By the noble improvements of the law of " 13. W. III. in the ftatuteof i. Geo. III. enad- " ed at the earneft recommendation of the King *' himfelf from the throne, the judges are conti- * nued in their office during their good behaviour, ** notwithftanding any demife of the Crown, " (which was formerly held immediately to vacate " their feats) and their full faJaries are fecured to " them during the continuance of their com- " miffions j his Majefty having been pleafed to ** declare. That He looked upon the independence ** and uprightnejs of the judges^ as ejfential to the ** impartial adminijlration ofjujlice ; as one of the ** befl fecurities of the rights and liberties of His ** fubjeeis ; and as mofi conducive to the honour of ** His crownA'* By thus obtaining the door to be finally clofcd againfl abufe, or undue influence, in the adini- Blackftonc, b. iv. c. 3 j. f BlackUone, b. i. c. 7. (" >47 ) nlfiiration of juiiice, to the prejudice of this. liber- ties of the fubject, and by effecftlially removing the judges beyond the reach of roydl or miniilerial difpleaiure, His Majefty, has done that, wliich if told of fome hero of remote time, would have Hood foremoft in the catalogue of his deeds. Here "then we believe, that juflice muft concede, that not only mechanical protection has been afforded by the Crown, but that this protediion has been increafed by the caufe abovementioned ; namely, the impulfc of inclination in a mind harmonizing with the prmciples of the conflitution, in the man adually adorned by the crown. There is another kind of protection, not necef- farily flowing from the kingly office, however emi- nently becoming it, and that is, the protection, or general benefit and fecurity, reftilting from the force of virtuous example. This, wherever it occurs, is perfonal and individual ; it is the effect, not of human laws, not of artificial contrivance, but of an intrinfic regard to what is right, of an a(5tive principle, urging to the oblervance of that moral, rule which the mind rceognifes to be pre- fcribed by God. Whether or not fuch example is difplayed from the throne, let common lenfe, and common-place honefty pronounce. Wc lliall not make this appeal to cavillers and feoffors thofe U 2 annoy- ( 148 ) annoycrs of every thing grave and important, but to thofe who compofe the great bulk of the na- tion j to ail the different relations of hufband and wife, of parent and cliild, of mafter and fervant. Let every family be a tribunal to decide, whether domeftic virtue is recommended from the throne, by the commanding power of example ; whether the obfcureft retreat affords an inftance of nature'5 faireft ties more honoured or fecured, than in the focus of artificial life, in the vortex of pleafure and extravagance ? If the dccilion is affirmative, then let us look back to fee, how often hiflory teaches to expeft the return of fo great a blelfmg. What if the Court were a fcene of profligacy and irreliglon ? What if we faw revived the difToIute times of Charles the Second ? Should we not then, purfue in imagination, what we now in reality poffefs ? Since, then, we have the protedion of example held out from the eminence of fovereignty and with a luflre not often paralleled in the annals of our hiflory, let us not be fo defpicably mean, as to withhold from it the honour due to it in every fituation in life ; nor fo prepofteroufly flupid, as to be unable to efliniate its value in that particular elevation. Let us cherifh the blefling we poffefs with all the anxiety that honour can infpire, and defend it with ail the effeft that wifdom can fug- ^efl ; and when the courfe of nature fhaU occaiion the ( U9 ) the demife, may the impreffion of the example accompany the progrels of the Crown, through every future defcent ! " Tki Rights of Man^" with equal abfufdity and infult, takes pains to fi gnify to us that the king is a man ; and to this fubUme difcovery, its difciples triumphantly fubfcxibe. Mifera^le refource of impotence and fpleen ! The kiijg is indeed a man hke ourfelves, placed in the mofl arduous and perplexing of fituations. Are any ib grolly dull as to think, that a king has more capa- city for pleafnre, lefs capacity for pain than another ? that the proportions of happinefs are bigger in him than in another ? if any fuch ihouljd exift, the fordid fcoffing of that libel will be con- verted into a falutary and ufeful inllr\jd'on. The king is indeed a man, and it is from tliis common nature that refult, the duties we owe to him, and that he owes to us. But while thi^ \^tx^ ajjume great merit to themfelves for thus reducing a king to the flandard of a man, they perpetuate the dis- tance they pretend to have effaced, by reducing themfelves below the ftandard of men. For .wh^t can the mind conceive more abfolutely below t^ charafter of men, than the mixture of ferogity and cowardice they at once difplay ? what can b^ divifsj^ more daftardly, than to abufe the affured forebear- gnce and temper qi the executive arm, ta th^^ia- ance ( '5 ) fernal purpofe of deftroying the life that might exert it ; what more cowardly and ferocious at once, than with the genuine fpirit of a Nero, to aim a death blow at the conftitution in that part, where the political body becomes' united uiider one head ? The king'is i'hdeed a man;^ one placed, for the public fecurity and peace,* in that lingular fitua- tion, a lituatiort in which he can- ^ive no equal, confequently no friend, except it be Upon the principle of loyalty. If loyalty be extinguiflied, let even the clumfieft feelings fuggeft what rriuft be the fituation of a king , of one efpecially whofe powers of ading are limited and prefcribed. The life of a king, of this country at leaft, does not con- fift of gold and purple, of pomp and' enjoyment, of the chace or the theatre ; envy or malignity muft ' have corroded that man to the very core, whofe mind can difcem in the fituation of a king, nothing but the outward accidents of fplendor annexed to the office, (and therefore infeparable from the perfon), for the moft reafonable of purpofes; and whofe imagination magnifies thofe fatisfadions which the human nature requires according to its relative fituations, into a ftate of perfed enjoyment, ahd emancipation from all concern. To be the perpetual butt and mark of ambition, difappointment, fe- See this fubjedt profoundly and honestly treated by the Republican Pe Lolme, b. ii. c a. & lo. venge ( '5' ) venge, obloquy, and fcurrility j to live in the cer- tainty of multiplying enemies in a compound ratio to any favour that the office muft confer on fome one ; to pafs an exiftence in the daily exercife of fome part or other of the moft weighty and embar- raffing of fundiions j to feel in no fingle inftance the pcrfeft liberty of life, free from the neceffities of ceremony or biiiinefs ; to be obliged to fubmit weekly to the afflidting duty of figning the doom of men ; thus having fcenes of crime, death, and diftrefs, continually before the mind : thefe, and a thoufand other confiderations, evidently fhow, that the fituation of a king, as it is in no degree an obje6l for our envy, fo neither is it a fit objedt for our hatred. The king, lefs than any other man, can make his pcrfonal intereft the end of his acting. When therefore his perfon is endangered, he defends it as a public and not a private concern. But as public meafures are not determined with the fame rapidity with which private interefts are purfued, but require deliberation and calculation of the bearings of different interefls ; he is often obliged to poflpone the confideration of the kingly perfon that can die, to the dignity of the kingly office that cannot die. Here, then, is a favoury moment for the fanguinary appetite of treafon. But how feels loyalty? or, m other words, how iQ^Xjufiue- and honour? They impel to the fuccour of the prince; they fympathife with the fecHngs of the man ; ( 152 ) they view him as brought into this diftinguifhed peril, from being foreman in their caufe ; they refoive to Ihare in that danger wiiich the defence of their rights has occafioned ; they anticipate the claim to allegiance, which the protection of thofe rights has eftabiifhed ; and they vie in each to form a phalanx round the man, in whofe perfon is fought, the dilTolution of government, the enlargement of all crime, the plunder of all property, and the an- nihilation of the fyftem of our happinefs, raifed on the well-laid foundation, of the Englifh Con- ftitution. Such ever was, fuch in a peculiar manner is at prefent, and fuch under parallel circumflances ever will be, the fuggeftions of native and unalloyed honour, even though it were never to be called by the name of loyalty. Is it for Us deliberately to inquire, whether the fuccefs of the fcheme of regicide would in reality be attended by effeds fo durable and extenfive ? is it for Us to compute, whether, and how much, they have overrated its iflue ; and to regulate Our cor- refponding fentiments by the cold rule of geometri- cal proportion ? If it be fo, let allegiance be met^d out by the flriftell rule di protection ; let it be iflued with the mod parfmionious attention to that rule ( ^S3 ) rule, let mechanical protedion receive only mecha- nical allegiance j let rational protedion receive -a rational allegiance j but let affedionate protediion alfo receive from the breads of Englifhmen, that afFediionate loyalty which none but freemen can bellow, and which our anceftors moft liberal y gave, when they grafped the fword in defence of their liberties. Let this principle live, let the reafon on which it Hves be cultivated, and it cannot fail to prevent the return of thofe odious fcenes which the j..Tefent occafion retraces on our memory. If it Ihould not enflame the hearts of thofe who at that time fo deeply fold themfelves to treafon, it will at leaft inflame Your hearts, who occupy the capital, who conftitutc its ftrength and fplendor, and who are equally interefted in its honour as its fafety. Let Englifhmen feel their native value; let them feel, not only that the defence of the go- vernment is their duty, but that the protection of the conftitution is their right ; and if the protection of the whole be their right, fo is that of thofe parts of which the whole confifts. If the fubje6l of the divan proflrates himfelf in the progreis of his fultan, let him know that he bov/s before him whofe property he is, who has power over his X per' ( 154 ) perfon and his life. But if the freeman of Britain fhall efcort the progrefs of the Crown, if he fhall teftify his loyalty by fliouts and acclamations, let him know that lie offers this tribute to one, who has no power whatever over his perfon or his life ; but to him who is the oftenfible head, and higheft organ, of that conflitution, from whence all his enjoyments and fecurity proceeds ; of that confli- tution, which is his native and unalienable birth- right, and in defending the diftindt, conftituent parts of which, he defends the fum and comple- ment of all his happinefs. So truly is the government of England confti- tuted in conformity with the laws of man*s nature, that duty and right equally confpire in directing to its defence. It appears, that a fenfe of the powerful union of thefe two principles, duty and right, urging to the defence of the conflitution, has driven its enemies to employ all their abilities to feparate the two, and having feparated them, to endeavour to deflroy, or prevent, the natural force of each. They fought to rob the conflitution of the fupport it received, from the perfuafion that it infures to every one the en- joyment of his natural right, by contending, that the ( K'iS ) die objects of that right, far from being compre- hended by, are excluded from, the eilablilhed fyftem of Engliih polity ; io that the acl;ivity which a icnk of right infpires, ought rather to l>e dircfted in fubverfion of fuch a fyftem, than in its preferva- tion. But, defpairing of the fucceis of fo fcanda- lous a faU'ehood, while the mind of man was un- difturbed by paffion, and capable of apprehending truth in its native form ; they called forth a frefh exertion, and endeavoured to eradicate the motive of duty. They found, that the bonds of fubordi- nation could never be loofened^ while the principle of duty continued to triumph over every other motive of action. They, therefore fet themfelves to enfeeble this principle ; by perfur-tling the interefts and paffions to believe, that it was a fi(5lion of tyrannic birth, intrinficaily hoilile to the high and fubiimc notion of abfolute right ; which (they main- tained) ought to be the fir ft and governing motive in man. Thus fending God into the back ground, and rendering their a<5tual gratification the leading confideration of their nature. This llratagem par- tially fucceeded ; flill however the tree adhered to its native foil. They could not entirely eradicate it ; for though they fucceeded in burfling many of its roots, it flill held firm by the ftrong tap-root of religion. As every princijMe of religion infligates to the difcharge of duty, and therefore tends to X 2 con- ( '56 ) confirm the fabric of civil government eflablifhed, every fuch principle became adverfe to their views in proportion to its vigour. But of all fuch princi- ples of religion, the mofl completely and inexora- bly deftrudtive of their endeavours was, the princi- ple of chriftian religion ; becaufe it furpafled every other by the diftindnefs of its rule, the bril- liancy of its evidence, and the power of the motive it affords. They obferved, that thofe who really ad in obedience to its impulfe, ad in the llridell parallel with the original diredion of government, and ad . inflexibly : that they eminently confider diityy as the only rule for human ading : that they cannot be too minute in afcertaining that rule : that they deny the breach of any duty to be com- patible with the eftablifhment of any right : and that they eftimate the affairs of earth as an objed by no means fitting to terminate the fpeculations of the human nature. Here then was a force which, if government could attach it to itfelf, was fuperior to every power of refiftance they could pofTibly op- pofe to it : it was a felf-ading, a felf-controUing principle, by which each would compel himfelf to do that, which government was contrived to compel every one to do. It is no wonder that they who laboured to defeat the end of civil government, and to emancipate the pafTions from moral control, fliould obfervc a principle 6f fo fatal a tendency. with ( ^57 ) with extreme jealoufy, averfion, and dlfmay : That they (liould fear beyond all things the inveteracy of fuch a principle ; and fhould obferve with alarm the vigour it might poflefs : that in proportion as it was ftrong and fixed, their enmity to it fhould increafc : and that if they fliould any where dif- cover it to be eftablifhed on a bafis that no human means could affccb, that their rage and defpair fhould be carried beyond all bounds. To thi;;, then, as to the ftrong and towering fortrefs that defied all their attempts, and oppoied the comple- tion of their triumph, the great collecled force of aflailment was to be directed. Like thofe who exclaimed on feeing the laft apparent obftacle of their defires ; come let us kill him and the inheritance Jhall be ours ; fo argued thefe ; come, let us cut chrijiian religion by the root, and the Jublunary world is ours to rijle and defpoil. Thus it was that, " He, who envies now VOUR flate, " Who now is plotting how he may feduce " Yr, alfo from obedience, that with him, *' Bereav'd of happinefs, ye may partake " His punifhment." He, who firft endeavoured to rob us of all prefect enjoyment by his, " Rights of Man ;" fet him- felf with increafed alTiduity to fubvert all our fpe- cuiatlons ( 158 ) gulations of a future happinefs, by his, '* Age of " Reafon.'* The adverfaries of Chriflianity exhibit various degrees of acerbity and force, of bigotry and jBraud. Experience, however, has happily Ihewn, that it is far from being as really dangerous to the interefls of human fociety, as it is hideous to the mind, when the enemies of civil order and religion arrive at the laft adt of their defperation, and raife the arm againft heaven. Though na- ture feems to blacken at the fcene, the crifis is then pafb ; man has done his worft. While the energies of man combat with their equals, the adverfary may long preferve an appearance of equa- lity, fometimes of fuperiority ; but when at length he arrogantly prefumes that he has exhaufted tlie oppofitions of earth, and throws out the gauntlet to heaven, there fcarcely exifls a mind fo mifer- ably depraved, as not to find the illufion inflantly difappear. The true proportions of the quixote become inflantly portrayed ; and he who one while puzzled the imagination by the magnitude of his pretenfions, now fhrinks to the tininefs of a mite, too fmall for any other afFedion, unlefs that of compafTion, And though the heart may palpitate at the impiety of the affault, it yet conceives C 159 ) conceives no portion of alarm ; on the contrary, the apprehenfions that firft poffeffed the fancy are now allayed, and the mind relaples into quiet by a confideration of the power provoked into the con- teft. W6 mav venture to pronounce, that if the puny cliampion inflead of coming fmgly, were followed by '* the gates of ]iell," they would " prevail" nothing. When the enemies of God and man have brought the battle to this iffue, the warfare of man is clofed. If man has faithfully defended that fphere that he was created to fulfil, God has undertaken the refb, and will confirm the interefts of man. He has prepared an hod invincible, ever ready and a'.crt for fuch occalions ; an hoft of evi- dence, brigliter than the blaze of noon ; and which are ]:ioured forth from the arlenals of truth, whenever the welfare of his fervants demands it.* It * The arguments by wliich the truth of Chriftian Religion is uplicld, have been invariably the fame in every age, becaufe in every age the fame grounds of oppofition have been urged againft it. It flands therefore invincibly eltablifhed, by the efforts of reaforv and learning, in each fucceeding generation. The reader will find a moft convenient fummary of thefe in, Grotius, On the Truth of Chrijliayi Religion. Butler's Analogy of Religion^ natural and revealed, to the Conjiitution and Course of Nature. Ad- difon's Evidences, &c . \^c{[\it'^ Short and eafy Method with the Deijis. Mi . Archdeacon Paley's View cf the Evidence of Chrif tian ( i6o ) It is impoflible for the mind, on this occafion, not to recal that defcription which the poet fo ter- ribly paints, when the enemies of the eternal polity of heaven arrived at the period of their difcomfiture, and, '* Stood reimbattel'd fierce, by force or fraud " Weening to profper, and at length prevail *' Againfl: God and Messiah, or to fall *' In univerfal ruin lafi; j and now " To final battel drew, difdaining flight " Or faint retreat, when the great Son of God " To all his hoft on either hand thus fpake. ' Stand ftill in bright array, ye Saints here ftand ** Ye angels arm'd, this day from battle reft ; " Faithful hath been your warfare, and of God " Accepted, fearlefs in his righteous caufe; " And as ye have received fo have ye done " Invincibly ; but of this curfed crew *' The puniftiment to other hands belongs ; " Vengeance is his, or whom he fole appoints; " Numbers to this day's work is not ordained " Nor multitude ; (land only and behold " God's indignation on thefe godlefs poured ' By mc ; not you, but Ml they have despised." While the conteft was of thofe matters which called for the vigorous exertion of the mind to tianity: and in B'fhop Waffon's, Ap$logy for Chriftianity, ad- dreffed to Mr. Gibbon ; and his Apo'ogyfor the Bible, addieflTed to Mr, Paine. 7o thc'e, the reader may add, with fatisfadtion to litmfelf, The Jewi' Utters to M. Voltaire; and the cele- brated M. Bonnet, of Geneva, on the Truth of Chriftianity : he will also find many of the arguments colleifled with the most pious and benevolent desijjns, in buUiverfe(flly to comprehend the rights of '* felf-defence ; the more they felt themfelves " bound to their religion, the clofer they would " attach themfelves to their country. The prin- " ciples of Chriftianity deeply engraven on their " hearts, would be infinitely more efficient than *' the artificial honour of monarchies, the mere ' human virtue of repubhcs, or the fervile fear of " defpotic ( 68 ) ** defpotic governments*. Chriftian religion thai " commands all men to love each other, neceffa-^ ** fily intends that every people (Kail poflefs the " beft political and civil laws attainable ; becaufe ** thefe, next to itfelf, conftitute the greateft " happinefs that man can either receive or com- ** municate."t If peace, and the arts of fociai life, can contribute to the continuance of a (late, fuch a (late muft continue ; becaufe it be undidurbed by intedine commotion, and would, as far, as it was poflfible, avoid all external hoflilities. ** If Chriftian nations (fays an ingenious writer) " were nations of Chriftians, all war would be im- " poflible.t" And what more would be required, to bring back the human nature to the " than Cicero, or Epiftetus, or Ariftotle, or ** Plutarch, in their lai^e tracts and vo uminous *"< difcourfes abgut matters of that nature. So real ** a property, it is of God's law, to give fuhtilty *' to theftmple, to the young man knowledge and dij- ** cretion.*** Thus * 'Bzrravf, OntbiViriueartd Riafonalilenefs of Faith. Serm. II. In this wife, faithful, and pcrfuafive writer, the reader (if he has not already the happinefs of being familiar with him) will difcover the zenith ofthat fphere, of which the author of the Rights of Man may juftly be efteemed the nadir. From this great and good man, he will obtain a knowledge of the Deity capable of influencing to moral acflion ; he wil difcover the verity of Chriftian Religion, unconfoundcd with the adulterous growth of human artifice and fupcrftition ; he will difcover, fairnefs and candor; found and precife reafoning ; profound knowledge of every fubjed he at- tempts to invcftigatc, and faithful communication of all that knowledge; he will find, in fliort, all that is not to be found in the Agt of Rcafon. Nor is this to be evaded by alleging the mutilated effigies of Religion, which that work exhibits in order to effecftnate the feduftion of weak and nn- difcriminating minds from belief in Chriftianity That cftigies, culled and purloined as it is from the works of Chriftian Philofophers, betrays the archetype from whence it was ftolen } but how unlike its fnblime priginal ! " As when the fun new rifen * Looks through the horizontal, miftyair, " Shorn of his beams ; or from behind the Moon, * 111 dim cdipfe, difaftrous twilight Iheds!" And ( '76 ) Thus is chriflian religion the exhauftlefs fource of that principle of moral obedience copied after in civil government, and the want of which that fcheme is intended to fupply. It is the life that government, proceeding from principles implanted by God, aims toeftablifli. Forwhat does government intend, but the peace and welfare of mankind ? And what does chriftian religion enjoin, but uni-^ verfal love to all mankind ? And what is " love'^ but *^ the fulfilling of the law T' Chriftian religion is there- fore the life which the human nature will live, when the neceffities of human government fhall ceafe, and man be ultimately and immediately fub- jedted to the eternal monarchy of God. It is a, And yet this adventurous author thinks it prudent to afiirm, that, " except* *' ing the book of Job, and one Pfalm, the Bible contains no inftruAion < on the fubjedt of the Creator." He indeed acknowledges, but I keep ' no Bib'e ; but even this can furnifh no extenuation of that falfehood j fcecaufe he has given us fuflBcient proof, that he once had borrowed one at leafl, in order to mifreprefent its contents. It was (according to his own avowal) a cafual circumftance only that induced him to give this credit to the Bock of Job, and not its own intrnal evidence. He tellsus,that he had entirely difcarded that book among the reft, when he chanced to read in a Jewifli writer that it did not belong tf the Bible ; and /.Sim betook it into favour. It will be no arduous talk to fliow, from the points inadvertently conceded by " The ySge of Reajon" both the certainty of Chriftian truth, and the no lefs certain inconfcquence and falfliood of all which that ran- corous libel comprehends. Nor will this latter receive the finallcft fup- port frm the illiterate, coarfe, and ignorant attempt at a defence, by by which " a Deijl" has difgorged his crude, undigefted malignity, og the truly Chriftian manual of that learned Prelate, who has comprefled iHto a fmall compaDi a valuable ftore of antidote, to foUo\r the poifon fo in- duflrioully d^ftWc^* perfect ( ^11 ) perfedt life attempted to be lived among the im- perfect ions of human fociety. It is the anticipa- tion of that fcheme of polity, of focial intercourle, which will fupplant the diftradions of the prefent fcene, and which the great apoflle fo fublimely mtends when he fays, *' Our form of focial union exijis in heaven,''* And (hall we then relinquiili fuch a religion to the defilement of its aflailers ? Shall we defert thofc principles of focial intercourfe producing government which were originally prepared by God, and which are therefore naturally invigorated by the genial influ- ence of His own religion ? And fliall we abandon that fplendid form of government, riling out of thofe principles, and nourithed by the foftcring care of wifdom, of virtue, and of freedom, during a growth of many centuries ? We need not Your anfwer. Your determination is too diilinctly forcfeen. That form of government, is all You can in this life enjoy, towards obtaining thofe blerfings, which the original law of nature, and the fubfequent dii- penfation of chriillanity, defign for the human fpecies. But unlefs we manfully adhere to the pod of duty i unlefs we difplay to the enemy a vigi- 'H[Jt,ay TO tro'K^rivyi.x s s^atojj vrrx^yjn Phillip. iii.20. Tlie force of this pafTage is greatly entceMed in oar verfion, wh'ch renders it thus : ' Our converfation h in heaven." A a lance ( '78 ) lance equal with his, and a courage and power fu-* perior to his ; that blefling will be precarious and infecure. Of all mortal prognoftics among Hates, none are fo dreadfally certain, as imaginary fecurity in the midft of danget-i^> " The kings of the earthy and all the inhabitants of the world, would not have believed that the adverfary and the enemy JJiould have entered into the gates of Jerufalem ;" And yet they did enter, and did " not leave one flone upon another.^'' To defend the conftituted polity of England againll its embittered and diflra(fled foes, is at all times, therefore, the duty of Englifhmen \ to defend it at this particular time, or to ftand prepared for its defence, is a duty in a peculiar and confpicuous manner impofed upon You ; becaufe Your Residence is the theatre that Treafon has fcr levied for her atrocities ; and becaufe the unquef- tionabie light of experience diicovers to us, which is The Occasion that fhe eftecms moft favourable to her views. What You are to do, how You are to conduft Yourselves, is not for us to pre- fume to point out. The laws of your country impofe a falutary conQ.rainton the aiftivity of indi- viduals, and coniign the power of all public ading exciufivcly to the organs of the fl:atc. But what thole ia-vvs concede, that You may rightfully aflume. And furcly they concede to You various means for jiTcvcnling the repetition of thofe karcely paralleled enor- (^79) enormities; which, at the time of the king's laft progrefs to the Parliament, produced a tranfient comparifon between the capital of England and the capital of France, You have wifdom. You have power, You have leifure to decide, how You may bell oppofe loyalty to treafon, -freedom to fa- vagenefs, courage to ferocity, obedience to rebellion, order to diforder. All that we may venture to fuggeft is, in the words of the higheft authority ; *' Be vigilant. Be Jirong and of good courage ; " dread not, nor be difmayed.''^ Should treafon, either in the head or herd, think this our effort worthy of afperfionj as an offering of fuperftition, a tribute of ferviHty, a labour of venality, or a tool of tyranny ; we fhall give it no heed ; but fhall repofe, with confidence and with fecurity on the fecret fuffrage of tjie wife and the good. THE END. 9 082 6 '^VfSSSt" UNIVERSITY OF CALIFORNIA AT LOS ANGELES THE UNIVERSITY LIBRARY This book is DUE on the last date stamped "below 41I1AY 1 lujc. i? - %ct\^' Koriii 1,-1. S DEC 2 7t9ei" % .-9 ^\^ IfOl/j i "fli'Ki M^ 2 6 1968 ^* 0^20)966*^ % I Rt *W 1 3 1967 ) pwv WtVtR^mroF califobM* XjOS ANGBl-Bft UC SOUTHERN REGIONAL LIBRARY FACILITY AA 000112419 7