[]

AN HISTORICAL ESSAY ON THE PRINCIPLES OF POLITICAL ASSOCIATIONS IN A STATE: CHIEFLY DEDUCED FROM THE FRENCH, ENGLISH, AND JEWISH HISTORIES:

WITH AN APPLICATION OF THOSE PRINCIPLES; IN A COMPARATIVE VIEW OF THE ASSOCIATIONS OF THE YEAR 1792, AND THAT RECENTLY INSTITUTED BY THE WHIG CLUB.

By the Rev. JOHN BRAND, M. A.

LONDON: PRINTED FOR T. N. LONGMAN, PATERNOSTER-ROW, AND J. OWEN, PICCADILLY; AND SOLD BY ALL THE BOOKSELLERS IN LONDON AND WESTMINSTER. 1796.

INTRODUCTION.

[]

IN the Addreſs to the SUBSCRIBERS to the ASSOCIATIONS againſt REPUBLICANS and LEVELLERS, prefixed to my ‘DEFENCE of the LETTER attributed to Mr. REEVES,’ the attack of it is treated as ultimately directed againſt thoſe very numerous and reſpectable Bodies, to expoſe them to popular indignation: an effect which, if juſtly founded, it could not fail to produce. For if we be obliged to grant the juſtice of the accuſation brought againſt him, they appear as connected with a Man, and (as his opponents further aſſert) with a Party, ſyſtematically employed to ſubvert the Liberties of this Country. Now the ſpirit of the FIRST ASSOCIATION, and its principles, it will be urged, will pervade all thoſe formed in imitation of it: and the former muſt be totally determined, or at leaſt ſtrongly modified, by the ſpirit and principles of its founders.

[]WHEN OPPOSITION thought it expedient to make uſe of the Statutes to which they gave the name of "the GRENVILLE and PITT Acts," to bring the maſs of the People into action upon the ſtage of Government, and upon that occaſion declared, by one of their Leaders, that they ſhould be ſo brought forward; it became neceſſary to deprive the Aſſociated Defenders of the Conſtitution of the great weight they poſſeſſed in the nation, from natural influence and from long-deſerved reſpect and attachment; for the whole of this weight, they knew, would be fully exerted in oppoſition to their plan. Hence they were led, by a kind of political neceſſity, to the accuſation of a Man, connected, by the relation explained above, with each of their diſtinct Bodies. And they indicated the conſequences they meant to be drawn from it more fully, in a more direct attack upon them, by affirming, that ‘proofs exiſt, that the Aſſociations (againſt Republicans and Levellers) are part of a ſyſtem of a deep-laid conſpiracy to eſtabliſh a military deſpotiſm.’ Such were the meaſures they embraced in order to deſtroy the weight of the ASSOCIATIONS, and even to excite the populace againſt them.

NOW the latter cannot act unleſs they be embodied. The declaration that they ſhould act was cotemporary with the accuſations here ſtated. Some mode is which they were to be embodied was therefore []probably then in contemplation; and it is likely the ſpecific mode ſince recommended by the COMMITTEE of the WHIG CLUB. But to the ſucceſs of any ſuch plan, the accuſation of Mr. REEVES and the ASSOCIATIONS was a moſt neceſſary preparatory meaſure. The object theſe attacks would ſerve could only be pointed out in the DEFENCE, generally; the outlines of the finiſhed plan could not be examined before they were given to the Public: they are contained in the following paragraph, taken from the Newſpapers of that time.

‘THE Committee of the Whig Club appointed to prepare and announce the Form of A General Aſſociation of the People, for the Repeal of the two Statutes beſt known by the name of the Grenville and Pitt Acts, met at the Shakſpeare Tavern, the Right Honourable Charles James Fox in the Chair. A Declaration of the Motives of the Club, in recommending this Aſſociation, was read by Mr. Mackintoſh, and unanimouſly approved of. The Aſſociation, however, goes only to the ſingle point of the Repeal of thoſe Laws, and the Subſcribers pledge themſelves only to proſecute that ſole object by every legal and peaceable means.’

IT is the Conſtitution of the Aſſociation, not the ſpecific motives which led the Members to aſſociate, []or the end they hold forth*, which will be examined on principles here to be inveſtigated; on which it will be ſhown, that in its form it is highly dangerous, and that it is not ſanctioned by the precedent of 1792.

AN HISTORICAL ESSAY &c. &c. &c.

[]

SECTION I. SOME GENERAL REMARKS ON ASSOCIATIONS IN A STATE.

IN theſe Remarks will be conſidered, the cauſe and end of Aſſociations, their organization, the compact entered into, and its limits and object.

THE Aſſociations to be conſidered are ſuch as are in a ſtricter ſenſe popular; where the individuals aſſociate as equals—not as heads of parties—or effective rulers of ſmall diſtricts of a kingdom.

IN Society at large, we may obſerve three degrees of union, diſtinctly differing in effect and appearance: the middle or average, which is the very health of public ſpirit; the weaker, which is its corruption, moſtly preceding ſome fatal cataſtrophe; and the ſtronger, which is its fever: ſometimes the ſtruggle of a vigorous habit, to expel whatis deleterious in the conſtitution; and ſometimes terminating fatally.

A SOCIETY, or a part thereof, may be brought into this ſtronger degree of union by different means. Common principles will effect it, by the force of an increaſed [2]reciprocal attraction of the individuals who compoſe it. The union is greater or leſs, as theſe are ſtronger or more remiſs. A party may likewiſe be condenſed into greater union, by external preſſure. Theſe two cauſes are generally ſeen acting in conjunction.

AT the commencement of ſuch a union, its object may be defined by a formal contract, either in writing or by parole. Its numbers may be increaſed by the acceſſion of others, who thus become virtually parties in the formal contract. Every ſociety or party is here ſaid to be aſſociated, when a very ſtrong and unuſual degree of union takes place among them, from whichever of theſe ſources it may have originated, and by whatever contract, tacit* or expreſs, it may to combined.

THE object of an Aſſociation is to unite the action of the Aſſociators in ſome mode: that of a ‘General Aſſociation of the People,’ or Mr. Fox's Aſſociation, is to bring a whole people into action, including the populace.

A SINGLE aſſociation of the people is the moſt perfect union they can be brought into, but its force will be highly concentrated if it give obedience to a Directory at its head, which "the General Aſſociation of the People" poſſeſſes in the remainder, or rump, of the Whig Club, who have already aſſumed, over its future members, [3]ſomething ſuperior to legiſlative power, in giving to the Aſſociation a conſtitution. If an individual of the Directory ſway all the reſt, for the preſent he is the effective Dictator of the Aſſociation. It is eaſy to name one whoſe political character and ability ſeem to ſecure him that aſcendancy. The founders of this Aſſociation profeſs to attempt to make it univerſal; if they ſucceed, they will at firſt concentrate the greateſt poſſible force, under the greateſt poſſible union.

BUT no ſingle power in a State ſhould operate without a counterpoiſe (at hand at leaſt) to check it. The ‘General Aſſociation,’ by the very definition of the term, is a power which can have no ſuch counterpoiſe.

IT perhaps might be more accurate to ſay, that when any power puts a nation in motion in any direction, another ſhould be always ready capable of deflecting its courſe upon occaſion; for it never, in fact, will continue long in a right track, except by the compoſition of motion, from two powers at leaſt acting in different directions. Now the whole State muſt obey the impulſe of an Aſſociation really general: it is a ſhip with every inch of canvas out, without a rudder, moved by the ſingle impulſe of the wind. Again, in all caſes where ſuch Aſſociations exiſt, and have only great influence, the ſhip will not anſwer the helm, or its working will be hindered greatly by it; and the ſea, in which ſhe is going at ſuch times, is always full of rocks and quickſands.

WE have had in theſe latter Centuries only one ſpecies of deſpotiſm to fear, that of Kings; we have now two, that of Kings and Demagogues. The uſurpations of the latter are the more ſanguinary and ferocious. When our [4]forefathers ſaw the former muſtering round them powerſ which might hereafter be abuſed, they loſt no time to impoſe ſalutary limits upon them. As much as the tyranny of the latter is more dreadful, with ſo much the more jealouſy, its gathering forces together ought to be guarded againſt. We are not to ſhut our eyes upon the one, but we are intenſely to watch the other. Great is the danger of popularity on certain principles to the individual who poſſeſſes it. The man who is become a Demagogue, the loweſt fall from wiſdom, has often loſt his freedom of will to abſtain from crimes before he knows it: while he is the apparent conductor of his faction, he is already become their paſſive inſtrument; and in ſuch a State the miſery of thoſe who are about to fall the victims of the atrocities called his, may be next to his own; they will not be of that magnitude which entitles them to be rated as ſecond to it.

THERE are other modes in which a people or a party ſcattered over the face of a country may aſſociate. That embraced by the upper and middle claſſes in 1792 is an example of one of them, and the only one there is any preſent occaſion to conſider. They formed themſelves into local Aſſociations: the obligations they ſubſcribed varied according to the opinion of every meeting. No ſingle form was followed, to conſolidate theſe numerous and perfectly inſulated bodies into one they all ſeemed to have a like object; but there was nothing more in their conſtitutions to give them unity of action, unleſs we may ſuppoſe ſuch union could reſult from the correſpondence moſt of them maintained with the committee of the original Aſſociation, of which Mr. REEVES was the Chairman. The members of that Committee were the acknowledged heads of no party in the State—in this they [5]are far leſs formidable than the Whig Club; and Mr. REEVES himſelf, with no pretenſions to the higher or ſecondary poſts of Government, and holding not even a ſeat in the Houſe, to attach the members of theſe ſeveral bodies to him, by the dependencies of expectation, certainly has not the dangerous weight of their Leader. This Committee then had no power to draw the other Aſſociations into an union of any kind, and no ſtep to this end was taken by them among themſelves.

THESE independent Aſſociations, it is ſaid, exceeded two thouſand in number: they had all the union of two thouſand individuals, inhabiting a diſtrict, in the ſtate of equality; without an elective aſſembly, a ſenate of nobles, or ſingle perſon to govern them: or of a cluſter of two thouſand independent republics, without an aſſembly of the States at their head, to give them that imperfect unity, of which ſuch confederacies have, at certain periods, been ſeen for a time to keep up the external appearance.

IN theſe Aſſociations, the principle of union was not at all provided for in their original formation; in that which I ſhall denominate "the Aſſociation of Mr. Fox," becauſe he is certainly its effective Head, we have ſeen the leading feature to be, the cloſeſt concentration of force, and that of the whole people. In this reſpect, therefore, the firſt meaſure is no precedent for the ſecond.

IT has been ſaid in ſubſtance above, that the object of all Aſſociations is to combine the ſubſcribers for immediate action, or to be in readineſs to act on occaſion. By immediate action I underſtand acting in perſon, and not mediately or by deputy. Mr. REEVES and Mr. Fox have each addreſſed themſelves to the people to form Aſſociations. [6]To compare their ſeveral plans in a ſecond point of view, let the qualities of the immediate action of the people be now conſidered.

SECTION II. ON THE ACTION OF THE PEOPLE.

WHEN the whole of the people, or a great part of them, are aſſociated, it is for ſome one purpoſe; but let that purpoſe be what it may, they will be bad agents therein. There is not a maxim in Monteſquieu which has more truth or brilliancy in it than the following: ‘The people (collectively) have always too much action, or too little. Sometimes with a hundred thouſand arms the multitude overthrows every thing; ſometimes with a hundred thouſand feet it creeps only like an inſect *

THIS difference of the effect of the action of the people muſt ariſe from the difference of the ſpirit by which they are actuated at ſuch times; and this, again, muſt depend much upon the object which excited it. Now the object of theſe Aſſociations is either the continuance of the preſent ſtate of the members, or the acquiſition of a better by their united force: and from this conſideration we derive another diviſion of Aſſociations into Defenſive and Offenſive, and both conjointly.

[7]HENCE, as all Aſſociations to gain what the members do not poſſeſs are Offenſive, an Aſſociation to regain what they ceaſe to poſſeſs is Offenſive alſo. Its ſpirit, at leaſt will be equal in ſtrength to that with which an acquiſition of an object never poſſeſſed before, is purſued, and poſſibly more, as ſome degree of reſentment may warm it. If the aſſociators have been deprived of it by law, they contend for an illegal poſſeſſion, or a legal right they poſſeſs not.

LET us now compare theſe two claſſes of Aſſociations as to their effects, from the known qualities of human nature; and afterwards, from what Hiſtory has given us upon the ſubject.

THE fear of loſing what we already enjoy occupies the mind but very little. Hence Aſſociations of parties formed upon a Defenſive principle, are very different in the ſpirit which pervades them, and in their effects, from thoſe formed on principles of acquiſition, or Offenſive Aſſociations. The efforts men exert to continue as they are, partake greatly of the moderation of that frame of mind which gives birth to them—content in their preſent ſtate: a ſentiment which has not habitually all that force on our minds which it ought to have. On the other hand, there is no emotion which we indulge ourſelves in with ſo little reſtraint, as the hope of a change of our ſtate for the better; and the conſtancy of that indulgence is ſuch, that men habituate themſelves to it; until that paſſion has, in moſt minds, acquired a very diſtempered magnitude and force. This is the reaſon that when men form combinations in Civil Society to defend the good they enjoy, there is too much inertneſs in all their movements: but if the object of their formal union is [8]ſomething they wiſh to acquire, they are heated to a fervor which carries them far beyond the bounds of ſobriety and expedience; and when a State is divided into two parties, the majority acting upon the firſt, and the minority upon the ſecond principle, the latter has been too frequently able to overpower the former, with the better cauſe, and the apparent weight of influence on its ſide. Hence Mr. Hume, conſidering the colliſion of two ſuch parties, ſays with great truth, ‘One furious enthuſiaſt is able, by his active induſtry, to ſurmount the indolent efforts of many ſober and reaſonable antagoniſts*.

THEREFORE, theſe two kinds of Popular Aſſociations, the Defenſive and Offenſive, fall under the two caſes deſcribed by Monteſquieu: in the firſt of which, the action of the people has too little energy; and in the laſt, overwhelms every thing in ruin. The original Aſſociation of Mr. REEVES, and all thoſe afterwards formed upon the ſame plan, were Defenſive, being to guard the Conſtitution againſt Republicans and Levellers; Mr. Fox's Aſſociation is Offenſive, being againſt exiſting laws formed for that purpoſe.

I SHALL now conſider more particularly the nature of theſe two ſpecies of Aſſociations, chiefly deducing my concluſions from Hiſtory, beginning with that which is here termed Defenſive.

SECTION III. ON THE SPIRIT OF DEFENSIVE ASSOCIATIONS OF THE PEOPLE TO MAINTAIN THE PREROGATIVES OF THE CROWN.

[9]

THE ſpirit by which we may, in future, expect to ſee defenſive Aſſociations actuated, will be clearly ſeen in the conduct of thoſe which have preceded them. The object of ſuch an Aſſociation may be the defence of the authority of one or more of the conſtituent parts of the Legiſlature, of particular laws, or of the whole ſyſtem.

THE Royaliſts who followed the fortunes of Charles the Firſt, formed an Aſſociation in defence of the Crown. The formal nature of this compact I ſhall preſently come to the expoſition of. Before the adjournment of the Houſes in September 1641, many excellent conſtitutional and municipal laws had been paſſed: and if Parliament had ſuffered ſome violences to take place, there ſeemed no danger of their being drawn into precedent. To paſs over the two outrages which took place immediately after that aſſembly met again, the one on the part of the Commons, the other on the part of the Crown; the firſt of which ſeemed calculated principally to draw after it ſomething of the nature of the ſecond*; I go to the further part of the conduct of that aſſembly. They attempted to poſſeſs themſelves of a great part of the executive power, by originating commiſſions by bill, for the higheſt officers [10]civil and military, the Lords Lieutenants and Deputies; they refuſed to define the extent of their demands for the ſettlement of the nation*; and they ſeized the King's magazines into their own hands. The catalogue of their attempts of this kind might be enlarged.

THE King was at laſt ſupported, not only by a virtual, but what is entitled to be called a formal Aſſociation; according to the definition of ſuch a compact given above. It was purely in its nature Defenſive; its object was to maintain the Conſtitution and exiſting laws, including thoſe paſſed in the Parliament then ſitting. The articles of that of the Peers, who firſt joined him at York, were in writing. The King made a Declaration, ‘That he expected from them no obedience to any commands which were not warranted by the laws of the land.’ They ‘anſwered this Declaration by a Proteſt, in which they declared their reſolution to obey no commands not ſo warranted. Deliberate engagements,’ (ſays the Hiſtorian) ‘worthy of an Engliſh Prince, and an Engliſh nobility.’ Again, when the King was on his march to Shrewſbury, in a ſolemn Proteſtation at the head of his army, he recognized the conditions on which he was to receive "aid and relief" from his ſubjects in general. We have here his own teſtimony to the terms of the Aſſociation, the preſervation of the eſtabliſhed laws; among which, thoſe of the exiſting Parliament were then firſt expreſsly named. This compact, not reduced into writing by the parties like the firſt, was a defenſive Aſſociation of the People on terms recited to them; very [11]nearly approaching to the form, and fully equal to the preciſion of an Aſſociation by parole; and to this, thoſe of the Royal Party who were abſent, are to be underſtood as acceding.

THESE tranſactions are too ſolemn for us to ſuppoſe, without ſomething of proof, that they were intended for the purpoſes of mere deception. It muſt be admitted, indeed, that the Declarations of the Heads of Parties ſometimes hold forth only ſpecious pretenſions to gather ſtrength, not their ultimate objects. While they ſeem to reſt only on the firſt, their agents, by their intrigues and writings, are preparing the way for the ſecond; but when the primary and ſecondary partiſans of a cauſe both decidedly look one way, we may preſume with confidence that the oſtenſible and real views of the party are the ſame. "During the war," ſays Coke*, ‘it is obſervable, that the writers for the King chiefly maintained his cauſe out of Sir Edward Coke's Pleas of the Crown.’ But this appeal to his authority goes ſomewhat farther; it amounts to a full, though tacit dereliction of the principles held at Court about ſeven years before the commencement of the war; when Sir Edward Coke's MS. of the Pleas of the Crown, his Comment upon Magna Charta, and on the Juriſdiction of Courts, had been ſeized by order of the Privy Council, as dangerous and ſeditious. They had been lately printed by order of the Houſe of Commons, and the originals reſtored to Sir Edward's heir, on their petition to the King.

THE Parliament at that time, without doubt, declared with equal warmth for the Laws and the Conſtitution, in general terms; but their literary advocates looked another [12]way. It ſuited neither the meaſures nor the ultimate object of their principals, to fix the attention of the nation upon theſe repoſitories of conſtitutional knowledge "I do not find," ſays Coke, ‘any who wrote for the Parliament ever uſed any one topic out of the Pleas of the Crown*, although that aſſembly had ordered them to be printed:’ They probably repented of this order.

HENCE it appears, that the principles the Royaliſts ſet out upon, and continued to hold, were thoſe of a defenſive Aſſociation.

IT is a question which comes in here, not directly indeed, but collaterally, Had the popular part of the Conſtitution obtained a due degree of ſtrength when this Aſſociation to maintain it in its exiſting ſtate took place? I have lately held the affirmative ſide of this question, but the examination of it is of ſuch a length, that it is given in an article of the Appendix. It may however be eſtabliſhed very briefly à fortiori, upon the authority of Blackſtone, in his Hiſtory of the Progreſs and Spirit of the Laws of England, with which he concludes his Commentaries. Speaking of this period, ‘The King had now,’ ſays this learned Expoſitor, ‘conſented to reduce the prerogative to a lower ebb than was conſiſtent with monarchical government.’ It is a fact, that the Bill of Rights left to the Crown more legal prerogatives than Charles then poſſeſſed ‖, or the Royaliſts fought to continue to him; and that he would have been very glad, after he had been peaceably readmitted to reign upon the terms of his Proteſtation, to have [13]exchanged the whole maſs of the prerogatives, which would have been ſo left him, to be a limited King on the footing of that inſtrument: and the place of all thoſe Whigs, who, at the Revolution, thought the liberties of the kingdom ſufficiently defined and provided for, would, in Charles's time, have been in the royal camp.

IT is remarked in the laſt Section, that a Defenſive Aſſociation does not act up to the whole ſpirit of its principles. It might be expected, if this general obſervation were frequently falſe, it would be found ſo here. The ſeverities the Parliament exerciſed, in their own quarters, againſt the Royaliſts, under the name of Malignants and Delinquents, muſt have thoroughly taught thoſe about the King what they were to expect, who had actually borne arms againſt the Parliamentarians, if they were finally conquerors. Beſide, the engagements of the King, and the power they held in their own hands to enforce them, might have ſeemed to them a ſufficient ſecurity to the Conſtitution, if that Party were vanquiſhed; but they were determined not to ſuffer him to make peace as a conqueror. Coke lived and acted in thoſe unhappy times: his father was a member of the Long Parliament, ‘and one of the firſt rate*.’ He tells us, ‘I have often heard ſeveral of thoſe who followed the King in the war, ſay, they as much dreaded the King's overcoming the Parliament, as they feared to be overcome by them.’ This is confirmed in ſome extracts of James's Papers, which I ſaw about ſix years ago. The Parliamentarians he ſtates to have been in ſuch a ſituation, that the King was able to have put an end to the [14]war at once, the metropolis lying at his mercy for ſome time: the leading men about him put a negative upon his march to London. The ſuperiority of the Royaliſts over the Parliamentarians, until the junction of the latter with the Scotch, was inconteſtible. They acted with the humanity of an able ſwordſman, who, feeling his advantage over his antagoniſt, whom he is deſirous to ſpare, waits to diſarm him, till he receives a mortal thruſt himſelf. We ſee here, that Aſſociations in defence of the conſtitutional power of the Sovereign are not in their ſpirit inimical to the Conſtitution; and even that when great danger urges them to ſecure the full object for which they come forward, and it is placed completely in their power, they will not at up to the full ſpirit of their original compact.

BUT it may be ſaid, that after ſuch a Party is exaſperated by reſiſtance, and the ſufferings they muſt have undergone in the previous ſtruggle, they may be inflamed by victories to forget the moderation which reſtrained them in their doubtful fortunes, and puſh their vindictive triumphs to extremes. They will go further than the limits preſcribed in their defenſive compacts, when every thing is in their power. Before we had ſeen what the extreme of calamity is, in the cruelties inflicted upon the French nobility and gentry, we ſhould have affirmed, that the Royaliſts of England had been irritated as much as the utmoſt ſeverity of perſecution could effect in a chriſtian country and in an enlightened age. It may be ſtill ſaid their oppreſſions and ſufferings were great, and they felt their with all the violence of indignation. ‘No ſocial intercourſe was then maintained between the two parties, no marriages or alliances contracted*.’ When [15]the crimes of the uſurpers ſtill further alienated the people, and their diviſions annihilated their power, the Royaliſts ſuddenly ſaw themſelves maſters of the kingdom almoſt without an effort of their own. As they had all along ‘affected a greater ſuperiority over their maſters, the more they were reduced to ſubjection*;’ their ‘implacability,’ their ‘fulneſs of rancour and revenge againſt all who were engaged in the late war againſt them,’ was the object of dread to the latter. Yet, in the firſt moment of their return to power, they publiſhed Declarations in all the counties of England, which completely bound up their hands from vindictive meaſures: engagements which they fulfilled with fidelity equal to the conciliatory prudence with which they formed them. I copy the concluſion of one of them, that of the nobility and gentry in and about the City of London. ‘It is our hope and prayer, that when the building come to be raiſed, it may not, like Rome, have the beginning in the blood of brethren, nor like Babel, be interrupted by confuſion of tongues: but that we may all ſpeak one language and be of one name; that all mention of parties and factions, and all rancour and animoſities, may be thrown in and buried like rubbiſh under the foundation.’ This Declaration was ſigned by twenty peers, and fifty knights and eſquires.

THE Royaliſts in the Convention Parliament of Charles the Second have been cenſured for reſtoring him without [16]conditions; and the miſconduct of his reign, and the ſubſequent misfortunes of his family, have been attributed to this miſplaced loyalty. Nothing can be leſs grounded than this cenſure: the Royal prerogative, before the breaking out of the Civil Wars, had been reduced ‘to a lower ebb than was conſiſtent with Monarchical Government*,’ and any new limitations upon the Sovereign would have been founding a ſecond Republic in the very act of deſtroying the firſt. The cenſure implies likewiſe that the authors of the Bill of Rights, in the prerogatives they left to the Crown, laid the foundations of a future tyranny.

AFTER the Reſtoration, the Royaliſts were ſtill united in one compact body. In the ſecond Parliament, their majority over their opponents was deciſive; and beſide, the whole tide of popular enthuſiaſm was by this time turned in favour of their principles. Now, to argue in the ſpirit of that jealouſy with which a certain Party, now, verbally pretends to conſider the multitude of inſulated Aſſociations of the gentry, and the greater part of the middle claſs of the people, in defence of the Conſtitution, and the conſtitutional power of the Sovereign, ‘from ſuch a Parliament, whoſe principles were ſupported by the zeal and ardour of a whole people, we might expect all the bad meaſures which could ſpring from the confidence of ſtrength and the inſolence of victory; goaded on by the recent memory of the ſterneſt and ſevereſt oppreſſions, the effects of which, from the heavy mortgages by which compoſitions, ſequeſtrations, and dilapidations, had involved their eſtates, they muſt ſtill have continued to feel. We might expect to ſee the [17]ſtatute-books, almoſt in every page, polluted by ſome violation of the Conſtitution.’—Inſtead of that, what do we find? Did they not clear that Conſtitution of everything which can be ſhown to be a relic of Norman tyranny, and (one Act excepted) carry it to what Blackſtone has called its theoretical perfection*? Compare the effects of their victory upon the Conſtitution with that of Republicans, real and virtual, which preceded it.

THE ſyſtem of Government, before the ſitting of the Long Parliament, ſtood in the greateſt need of a reform: the nation felt ſomething beyond the violation of ſophiſtical parities begetting ideal grievances: it laboured under great practical oppreſſions, and juſtly dreaded they would be perpetuated and increaſed. The paſt conduct of the King could not find a reputable defender in the Commons when they firſt aſſembled: this aſſembly contained many excellent men, intent on real reformation, who were ſoon able to effect whatever they had intended. On his return from Scotland, the King had at leaſt an equality in the Lower Houſe; the beſt men were diſpoſed to ſtop at the point they had attained: the other party, backed by the populace of London, rendered it impoſſible. An inſtructive leſſon to thoſe who directly or indirectly appeal to the populace to effect the beſt reforms;—always to be ſure to have an effective reſtraining force in hand, to put an immediate ſtop to the continuance [18]of their movements when their purpoſe is attained*.

I AM approached ſo near to the Abdication of James, that I ſhall continue the hiſtory of the tranſactions of this Party to that great epoch. There we ſhall find ſome deviations from the rectitude of their former conduct, and a ſplendid return to it; exhibiting a balance much in their favour After the fiction of the Popiſh Plot had obtained too extenſive belief, the danger of a civil war appeared as threatening at leaſt as in the year 1640. Coke, who ſaw the ferment of the nation in both periods, affirms, that at that time ‘the nation was more fiercely rent in diviſions, under the names of Whig and Tory, than it was before the wars.’ In 1680 the Popular and Republican Party had recourſe to the ſame means of inflaming the Nation which had been practiſed with ſo much ſucceſs in 1640—tumultuous Petitioning. The end this leads to is always the ſame, be its object what it will; namely, the conſtraint of ſome power which the Conſtitution leaves free. It was now employed to obtain an immediate ſeſſion of Parliament. The Royaliſts endeavoured to counteract the effect of this meaſure, by Addreſſes to the Throne, declaring their ‘abhorrence of thoſe, who endeavoured to encroach upon the prerogative, by preſcribing to the King any time for aſſembling the Parliament.’ Tumultuous Petitioning is at all times a tacit menace, and meant to be ſo underſtood. At this juncture it was believed to be the ſignal of civil war. Yet the abhorrers, influenced by their recollection of the paſt and their [19]fear for the future, certainly expreſſed themſelves in words not favorable to the right of orderly Petitioning, though they cannot be directly applied againſt it. It may very well be alſo affirmed, that the moſt zealous friends of the popular branch of the Legiſlature ought at that inſtant to have been the moſt determined oppoſers of the Petitioners. For the King, without doubt, had at that time fallen upon the plan which, with an addreſs fatal to his family, he was afterward able to carry into execution;— that of diſguſting the nation with the violence of ſucceſſive Parliaments, that he might at laſt rule without them. After the diſſolution of his ſecond Parliament, it was his conſtant practice to iſſue writs for a new Houſe of Commons, at a ſeaſon when the moſt intemperate of his opponents had the beſt chance to obtain ſeats in the Lower Houſe. With the ſame policy, when it was aſſembled, he ſo adjuſted his conceſſions to their violent Motions, that the friends of the Laws and Conſtitution of the kingdom thought them to be ſo great as to be inconſiſtent with the internal balance of their ſyſtem; yet they were ſo limited that he perfectly knew beforehand they would be rejected contemptuouſly by Oppoſition. Beſides, this apparent facility in making conceſſions they never could have expected, elevated them with the ſtrongeſt expectations of a final victory over him; and led them on from extravagance to extravagance, until the Nation, warm in the praiſes of his conciliating moderation, became united againſt them, and was not ſolicitous to ſee ſuch aſſemblies meeting again very ſoon. He hardly made a ſecret of this policy, previous to the meeting of his laſt Parliament*. The tumultuous Petitions [20]of the times increaſed the violence of the Commons by the aſſurance of popular ſupport; thus aſſiſting the lures and irritations of the Court to hurry them into the ſnare. They ought to have been oppoſed with the moſt determinate meaſures: but the zeal of the Addreſſers pointed out to the King, with what rapidity the credit of Parliaments began to fall.

IT is thus we ſee, that in the middle of the ferment about the Popiſh Plot, in 1679, he diſſolved one Parliament, and iſſued writs for the election of another next day*. This could ſerve only to irritate his opponents; ſure, in the preſent temper of the lower voters, of their re-election, and even to increaſe their number. And, that he might farther aggravate the factious violence of the new Houſe of Commons, by repeated proclamations he hindered their aſſembling for more than a year after the time originally appointed. This gave birth to the Petitions for a ſeſſion mentioned above. That his conceſſions were conſtructed with the art I have deſcribed, in order to diſcredit Parliament with the ſober part of the people, will appear from the following account from Hume, where we ſhall ſee him making a previous experiment, upon a large ſcale, of their aptitude for this very purpoſe, before he brings them actually forwards into practice. Temple and Shafteſbury were of the Privy Council in 1679, when Charles propoſed to the Board a ſcheme of limitations on a Popiſh ſucceſſor, to defeat the Excluſion Bill. From what Temple ſaid on them, he was confirmed in his judgment of the ſentiments the true ſupporters of the National Conſtitution would form [21]of this ſacrifice. It was the opinion of that great Stateſman, ‘that the reſtraints were ſo rigorous as even to ſubvert the Conſtitution; and that ſhackles put upon a Popiſh ſucceſſor would not afterwards be eaſily caſt off by a Proteſtant*.’ By this authority Charles was confirmed in his expectation, that, when three ſucceſſive Parliaments ſhould have rejected ſuch conceſſions, and the fear of a civil war was hanging over their heads, he ſhould have led the ſentiments of a miſguided and, at length, confiding people to the point to which he wiſhed to bring them. By the oppoſite declarations of Shafteſbury he was likewiſe aſſured what powerful aſſiſtance he ſhould receive from his faction toward the ſucceſs of his ſcheme, when the Preſident of his Privy Council told him at the Board, "that the reſtraints" (which Temple thought exceſſive) ‘were inſufficient; and that nothing but the total excluſion of the Duke could give a proper ſecurity to the kingdom.’ In this he foreſaw the contemptuous rejection of his propoſitions, and his ultimate miſerable triumph. If I underſtand what Mr. Sheridan is ſtated to have ſaid, he thinks he has diſcovered ſome ſimilitude between the Aſſociators for the defence of the National Conſtitution in 1792, and the Royaliſts at the period here treated of. To diſcriminate exactly how much of truth and how much of error may enter into that conception, would draw me too far; but of two points I am confident: No ſyſtem ſo inſidious will be now uſed to lead us into ruin; and that, enlightened as we are by the example of the paſt, if ſuch an attempt were made, it would not be ſucceſsful.

[22]THERE is alſo a farther charge which may be brought againſt the party of the Royaliſts in Charles the Second's time Shafteſbury, to forward his attack upon the Royal power, forged the Popiſh Plot. Thus he took away the lives of many innocent men with, and ſome almoſt without, the forms of law. The Royaliſts, in the latter end of Charles the Second's reign, abuſed a ſeeming victory for a ſhort time; giving countenance to ſomething too much like an imitation of thoſe ſhameful hoſtilities commenced by their adverſaries, but not on ſo terrible a ſcale. But when a general danger, augmented perhaps ſomewhat by their former intemperance, threatened the liberties of the kingdom, they ſtood forth the foremoſt in their defence: the great majority of the Diſſenters and Excluſioniſts had inliſted as the ſatellites of Tyranny.

THE fear of a ſecond Civil War, when they had hardly emerged, half ruined, a very few years before, from the firſt; the terrors of legal aſſaſſination ſuſpended over their heads; and the profound art of Charles the Second, led this defenſive party, at the beginning of this latter period, into ſome bad meaſures; and though we may ſay of thoſe of their opponents, which cauſed them, that they were much worſe, they detract ſomewhat from their political merit, in being the chief inſtruments in placing William on the Throne, and maintaining him there, but not the greater part of it.

I BUILD nothing upon a few extravagant declarations of either Party. Both of them are to be judged by their practical principles; that is, thoſe which they diſplay in action, or which are diſplayed in the actions of men [23]whom they hold out as examples. The characters of Parties are alſo to be eſtimated like thoſe of individuals— from the general tenor of their actions; not from accidental errors, which are an exception to it: and ſo eſtimating the Defenſive Aſſociation to preſerve the limited Royal power, from the Civil Wars to the Revolution, we have ſeen that it was friendly to the limitations of the Monarchy, as well as to the Monarchy itſelf; and twice, in fact, preſerved them at its own proper hazard.

I CONCLUDE my remarks on the intereſting hiſtory of their conduct with the following obſervation:—If this Aſſociation had been able, not only to preſerve the legal power of the King when it was attacked, but even to extend it afterwards, and had ſo done, it by no means follows, that if it had been divided into any great number of ſections, as, for inſtance, two thouſand, acting independently of each other, without a Council or ſingle perſon at their head, that it would have been able to effect both theſe purpoſes; or even the firſt, againſt a concentrated Oppoſition of any degree of power. It appears therefore, that a Republic of ſmall Defenſive Aſſociations, ſuch as that which ſtarted up in 1792, is by no means dangerous. But a people ſo aſſociated is much ſooner formed into order to oppoſe any violence upon their Laws and Conſtitutions, than if the danger comes upon them when totally unprepared.

SECTION IV. ON THE SPIRIT OF DEFENSIVE ASSOCIATIONS TO MAINTAIN THE LIBERTIES OF THE SUBJECT.

[24]

FOR the ſupport of the Offenſive Aſſociation now ſet on foot, examples of others, Defenſive in their nature, and whoſe tranſactions are intitled to the veneration of all ſucceeding ages, will certainly at this time be produced, and ſaid to be of the former kind. Of theſe there are three eminent inſtances in our Hiſtory: The Aſſociation of the Barons at Merton; that in the time of John; and the Coalition of the Whigs and Tories in 1688, to invite the Prince of Orange into the kingdom. Two of theſe at feaſt we might have paſſed by, as not being Popular Aſſociations, if it had not been foreſeen that it would be neceſſary to ſhow that all of them were Defenſive only; and to take care, that in all diſcuſſions on this ſubject, a Defenſive Aſſociation of the Nobles ſhould not be brought as an inſtance of an Offenſive Aſſociation of the People.

FROM the definition of the term, it appears that the noble and unanimous reſiſtance of the Barons againſt the introduction of the Civil Law into England, in the Parliament at Merton, ſaid to have been deſigned by the Clergy, was a Defenſive Aſſociation, not Popular.

THE Aſſociation of the Barons againſt John was likewiſe Defenſive. At his coronation he had ſworn [25]to maintain the Laws of Edward the Confeſſor, the particulars of which were fallen almoſt into oblivion. A Charter of Henry the Firſt recited and confirmed them. Of the contents of this little was known, until a copy of it fell into the hands of Stephen Langton, Archbiſhop of Canterbury. Favored by opportunity, he determined to make uſe of this fortunate diſcovery. In this he proceeded ſtep by ſtep, with great addreſs. One condition impoſed by the Archbiſhop, before he gave John an abſolution from his excommunication, was, his renewing his oath to the Saxon Laws; he afterward induced him to confirm the Charter of Henry the Firſt. At the breaking up of the following Parliament in London, the Archbiſhop called a private meeting of ſome of the chief of the Barons. They were eaſily induced to promiſe to take the firſt convenient opportunity to have this Charter validly eſtabliſhed, and they retained it in their own hands* John now departed on an unſucceſsful expedition to his foreign dominions. A little time previous to his return, the confederacy having ſpread wider, and comprehending almoſt all the Barons of England, a meeting was ſummoned by the Archbiſhop at St. Edmundſbury, under pretence of devotion. It was there agreed, that they ſhould prefer their petition for the actual obſervance of the Charter in a body; and in the mean time take arms to enforce their demands. Theſe [26]particulars being ſettled, going up to the high altar in the church there, they ſwore in their order to adhere to each other, and not to lay down their arms until they had obtained their demands; which, after ſome ineffectual reſiſtance, John was obliged to grant at Runnymede. This Aſſociation, ſanctified by the forms of religion, was ſtrictly Defenſive. The Charter had before been admitted by John to be the Law of the Land, and even ſome articles of that inſtrument, which would have increaſed the value of their baronies, but greatly affected the Crown revenues*, the Barons had the moderation to give up, when John could not have ſucceeded in maintaining them. But the faithleſs character of that Prince induced them to demand the nomination of twenty-five members of their own body, as conſervators of the articles of the amended Charter. We find here, and during the whole of the following reign, when the Houſe of Commons firſt became a conſtituent part of the Legiſlature, the Engliſh Clergy taking part with the majority of the Barons againſt the Pope and the King, who always acted in conjunction.

IT muſt be admitted, that this and the former Aſſociation were purely Defenſive. They alſo reſembled in nothing a Popular Aſſociation: they are no more intitled [27]to be called ſo, than a league of the numerous Princes, Dukes, and Counts of Germany againſt the Emperor, or the Eccleſiaſtical Electors would be; or the oppoſition of an hereditary Senate of Nobles againſt a Prince or the Prelates of a State.

AT the Revolution there were two Aſſociations; for we may call the invitation of the Prince of Orange an act proving an antecedent compact of that kind; and after his landing, there was an inſtrument bearing that name, drawn up by Burnet, on the requiſition of Sir Edward Seymour. He is the beſt reporter of the object of his own paper. It contained, in few words, ‘an engagement of the ſubſcribers to ſtick together, in purſuing the ends of the Prince's Declaration*,’ and in defence of his perſon. That Declaration was confined to paſt violations of law, and a requiſition of redreſs by Parliament. ‘And the Prince thereby aſſured the world, that his expedition was intended for no other deſign but to procure a free Parliament, to heal the breaches between the King and his ſubjects.’ Nothing is to be diſcerned here but meaſures of defence and conciliation. ‘It was ſigned by all who were with the Prince, even by many who refuſed afterwards to take the oaths to the Prince when ſeated on the Throne

THE Abdication of James annihilated the greater part of the conditions of the Aſſociation, by rendering the execution of them impoſſible; but while it ſubſiſted, no act [28]took place which went beyond its primary object; and when the members found themſelves in circumſtances abſolutely unprovided for, becauſe they could not have poſſibly been foreſeen, they acted on the defenſive ſpirit of that engagement which ſurvived the letter. At the Revolution ‘no one part of the Conſtitution was altered or ſuffered the leaſt damage; but, on the contrary, the whole received new life and vigour.’ This was the doctrine held by Sir Joſeph Jekyl at the Trial of Dr. Sacheverel*.

THIS compact likewiſe was very different from a General Aſſociation of the People: it was an Aſſociation of Heads of Parties, or rather of perſons holding a power over their followers; ſomewhat between Heads of Parties and Feudal Chiefs. For, in the confuſion of the Civil Wars, the tenants and dependants of the greater landed Gentry had been accuſtomed again to follow them as their military leaders. The habits and ideas of the military ſubordination of a tenant to his chieftain, thus revived, were not worn out again. Much of it was ſuperadded to the influence of landlord over tenant, as we now ſee it exiſt. This yeomanry therefore did not, by the act of following their landlords, accede to the Aſſociation as equal parties therein, or as inveſted with an equal power of deliberation and reſolution in claims or meaſures. That great majority of People, the Populace, did indeed, while the event of the Revolution remained in ſuſpenſe, declare their wills twice; or at leaſt the only part of the lower orders of the kingdom who were enabled by circumſtances to declare it; that is, the populace of London. [29]When James, after the failure of his attempt to go over to France, returned thither, ‘never Prince returning after victory to his capital, was received with louder acclamations of joy* by the "populace." On the 16th of December they rejoiced at the appearance of his reſumption of the Royal power; and on the 4th of the following February they expreſſed their ſecond will upon the ſubject; tumultuouſly aſſembling in crowds at the doors of the Houſes of Parliament, loading with imprecations thoſe who adhered to their will of the 16th of December, and its opponents with bleſſings. The Prince of Orange iſſued a Proclamation to ſtop theſe diſorderly proceedings, although in his favour.

THE manner in which the attack upon our Conſtitution of Government will be on this occaſion made, in writing or ſpeaking, is ſo evident, that it is not difficult to guard againſt it. It may be very well foreſeen, that every Aſſociation recorded in our Hiſtory, which has been followed by a happy event, will be cited as a precedent in defence of Mr. Fox's. To prevent ſuch irrelevant inſtances being brought into [30]the argument, it has been ſhown that none of theſe have been General Aſſociations of the People, or to which the populace were a party; and that none of them have been Aſſociations of acquiſition, or Offenſive.

SECTION V. ON THE SPIRIT OF OFFENSIVE ASSOCIATIONS OF THE PEOPLE.

1. ON PRETENCES OF RELIGION.

I REPEAT what has been laid down in a former Section: Thoſe Aſſociations are here termed Offenſive, the objects of which are, ſome change of the exiſting Laws; whether relating to the governors or the governed:—and Popular, in which the populace become, or are invited to become, contracting parties.

THE objects of ſuck Aſſociations may be very laxly declared, or they may be very accurately limited, in the original contract. After having given examples of ſome of the indefinite kind, it will be in like manner ſhown what confidence may be placed in the fidelity of the engagements of limitation held out by others.

THE inſtances of Aſſociations, the objects of which have been very laxly defined, are ſo many, that it will be expedient to arrange them in ſome order. Thoſe which [31]have been formed under Religious Pretences, and thoſe on the principles of the Rights of Men, will form two Sections: in the latter no particular account of the late French Revolutions will be entered upon; they will be referred to incidentally, and by way of illuſtration only. Offenſive Aſſociations, ſtrictly limited, will then become the ſubject of a ſeparate Section.

POPULAR Offenſive Aſſociations, under religious pretences, are firſt to be here conſidered. I ſhall begin with the Catholic League in France, which was formed in 1575. Its nominal object was to annul the famous Edict of Pacification, granted by the King to the Proteſtants in May the ſame year: hence it was an Offenſive Aſſociation. It was not until the death of the Duke of Alençon, nine years after, that it was converted into an inſtrument to further an attempt to change the ſucceſſion of the Crown. This was the fatal precedent of the Scottiſh Covenant for the abolition of Epiſcopacy; afterwards adopted in England with ſome variations. By the operations of theſe General Aſſociations, Great-Britain and France were each divided, as it were, into two hoſtile nations, ſhut up in one territory, and each of them involved in civil wars, in uſurpation, and anarchy, about twenty years. This is not the firſt inſtance in which the contagious example of a French inſurrection has given riſe to another in this country, threatening to annihilate us as a nation: but I hope our remoteſt poſterity will continue to be able to ſay,—It is the laſt.

THE only remaining compact falling under this diviſion, here to be noticed, is the Proteſtant Aſſociation under Lord George Gordon. This likewiſe was Offenſive, [32]as its object was the repeal of certain Acts made in favour of the Romaniſts*. The plan of his Aſſociation alſo, though nominally of a part of the people, was effectively general; for the proportion of the followers of the Roman Church in Britain in this age, to the number of Proteſtants, does not exceed that which took place in King William's time; or the hundred and ſeventy-ninth part of the people. The ſpirit of perſecution had long been dormant, and it might have been hoped was extinct: for the paſſions of the populace had not for years been rouſed againſt the objects to which they were now turned. Yet the direction was given to them with ſo little preparation, as hardly to be the ſubject of alarm: they unexpectedly broke out into inſurrection, and we ſaw them maſters of the metropolis ſome days, the priſons broken down, and their vileſt inhabitants turned looſe again upon Society, or ſet at their head to plan and lead them on to more dangerous and enormous crimes; fires in every quarter of the City; and the Bank, the depoſitory of the wealth and the column of the credit of the Nation, which cannot be ſhaken without extreme hazard, or overthrown without cruſhing everything, beneath it in its ponderous ruin, hardly ſaved from their attack; when abroad we were at war with four nations, without an ally, the reſt of Europe looking upon our danger with a lowering and inimical neutrality, and at home we were almoſt torn in pieces by our inteſtine diviſions.

AS it is not pretended that any amelioration of the ſpirit and manners of the Engliſh populace has taken [33]place ſince this dangerous period; we may legitimately, from this event; deduce ſome concluſions on the ſtate of their diſpoſitions at this juncture, directly applicable to our main ſubject. The inveterate ſpirit of perſecuting the Romaniſts, and the principles of Levelling, were the diſtinguiſhing marks of the Republicans of the laſt age. Little art or endeavour, however, has been exerted to keep the former alive, ever ſince it began apparently to die away. Yet we have ſeen this ſpirit, as it were, ſtart up, and threaten the ruin of the State. But the embers of Republicaniſm and Levelling have, during all that period, been carefully raked up; and, for fear they ſhould become extinct, there were hands which were ſeen from time to time ſupplying them with a ſufficient quantity of fuel to keep them alive. Theſe principles have been never ſuffered to die; but lately they have been diffuſed with the moſt ſyſtematic and malignant diligence, and they have been embraced with all the fervor of a new fanaticiſm by a great number of the populace. Where Lord George Gordon made one real enthuſiaſt, the Agitators have made fifty. And is there no danger to be apprehended from the new Aſſociation, to which they will all throng to ſubſcribe, when that of Lord George Gordon, conſtructed with ſo much leſs art and preparation, formed of ſo much feebler materials, brought us to the brink of ruin? 'It was not,' it will be ſaid, ‘the real fanatics that did the miſchief, but a multitude of miſcreants under the maſk of the fanaticiſm of religion.’ But are the morals of the populace improved ſince that time? Are not ſuch miſcreants mixed among them at leaſt in an equal proportion? And if any maſk be provided for them, will they not make uſe of it, whether it be that of religious or political fanaticiſm? If we urge to you the example of France, you will ſay, ‘No [34]ſuch violences are to be dreaded from the populace of England: they are more enlightened than the French were at the commencement of the Revolutions; that the oppreſſions of the commonalty of France was greatly more than that claſs of people experience here.’ As for the lights which they may poſſeſs, thoſe which have been given them ſince the Riots of 1780 are not of a kind to make them leſs forward in inſurrection; and as for oppreſſion, the poor man ſuffers none here: he has been taught, indeed, to give that name to the whole amount of the taxes; as well of thoſe which do not, as thoſe which do affect him: this total is his reputed meaſure thereof; and it has been increaſed in theſe laſt fifteen years. Popular tumults are therefore to all appearance more probable, more big with the proſpect of national ruin now, than they were on the day preceding the inſurrection of the Proteſtant Aſſociation. And when you call upon us to rely upon the good ſenſe of the populace to make a juſt compariſon of their own ſtate with that of the lower claſſes of other nations; by exaggerating the increaſe of the taxes, and declaiming* perpetually and with extravagance upon it, you endeavour to make the reſult of that compariſon falſe, on which you call upon us to depend. With their minds thus prepared, whether the fanaticiſm infuſed into them for that purpoſe be either of the kind called religious or political, or both conjointly, they generally effect all the deſtruction in their power: and if their aſſociation now become general throughout the kingdom, their power will have no limit. It may be aſked now, what will become of that poſition ſo much inſiſted on, that ‘nothing but real grievances will drive the populace [35]into inſurrection and violence; that their wrath, though often dreadful in its conſequences, is always juſt in its cauſe and commencement; that though they may reaſon ill, the effect of the errors of their judgement always paſſes off in harmleſs and empty noiſe; and that they never begin to act but from their feelings only, which cannot deceive them.’ In this inſurrection we ſee a ſtrong inſtance of the falſity of this opinion, which many have endeavoured to ſupport from different motives, in order to impreſs upon us a belief of the infallibility of the people, when they come into political action. The humane indulgence extended to a reſpectable but perſecuted ſect in 1780, was no grievance which the populace felt anything from. It even attacked no prejudice which had any active operation in their minds the day before this Aſſociation was planned: and the event clearly ſhows, that falſe abſtract principles may be infuſed into them; prejudices long dormant may be re-excited as it were in a moment, and inſtantaneouſly produce an inſurrection which may hazard or deſtroy the exiſtence of Civil Government.

SECTION VI. ON THE SPIRIT OF POPULAR OFFENSIVE ASSOCIATIONS, ON THE PRINCIPLE OF THE RIGHTS OF MAN (SO CALLED).

EVERY inſtance in Hiſtory of the fatal effects of religious fanaticiſm has, in this age, been ſtudiouſly and invidiouſly collected, and brought forward to public view; but thoſe of combinations and aſſociations to obtain Political Equality, and to vindicate what are now [36]called the Rights of Men, have been little enquired after; and France is very generally ſuppoſed recently to have exhibited the firſt example of the calamities they have produced. I have often wondered at the prevalence of this opinion, and it would have been fortunate for human kind, and for that fine country in particular, if it had been true. But her fate has reſembled too much that of the beautiful and cultivated tracts which lie round the baſe and aſcend part of the ſides of Mount Veſuvius: the volcano ſeems extinct for ages; the harveſt, the vineyard, the farm, the villa, the palace, and every mark of fertility, cultivation, and ſplendor, ſeem to have made it their ſelected ſpot: but the periodical eruption returns, and a conflagration ſweeps all theſe beauties from the earth.

WHEN the populace is brought into action, they will ultimately be governed in their conduct by the moſt violent ſet of principles which has infected any large ſection of them. This point is laid down ſimply now; I ſhall return to the conſideration of it. But the principle of the Equality of Right, and that underſtood in its moſt fatal ſenſe, has been long fermenting among, and at length infected no ſmall part of the lower claſſes of Society in Europe. While, therefore, we look upon the late calamities of France as a political phenomenon, ſingle and unprecedented in its kind, when it is only one inſtance among many, we eſtimate the greatneſs of our hazard much beneath its magnitude, which increaſes in proportion to the number of ſuch events that have taken place during the period of authentic hiſtory, and likewiſe with the relaxation of our watchfulneſs cauſed by this error; which is more ſingular, as our own Hiſtory [37]points out to us the danger of England being a ſecond time deſolated by the contagion of theſe principles, by an expreſs example. This Section I ſhall divide into Parts; each containing the hiſtory of one inſurrection of this kind, with obſervations.

I. ON THE INSURRECTION OF THE JEWS, BEGUN IN THE REIGN OF NERO, AND TERMINATED IN THAT OF VESPASIAN.

THE firſt country which the ſuppoſed modern metaphyſical philoſophy of politics deluged with the blood of its inhabitants, was Judea. Judas and Sadoc (ſays Joſephus) were the founders of a ſchool of philoſophy new to mankind *. Their followers were diſtinguiſhed from the three pre-eſtabliſhed ſects, by teaching the doctrines of Liberty in the abſtract (THE, FREE): their attachment to theſe nothing could move. Thoſe who dreſſed out their panegyrical orations on Liberty with the ambitious ornaments of tragical declamation, were ſure of an admiring audience. Thus we ſee the orators of the Palais Royal and Copenhagen Houſe had their predeceſſors in Judea. Theſe men conſecrated the doctrines of Civil Equality, by conſidering it as a point of religion to acknowledge no lawful ſuperior or King but God; and [38]then (perhaps) mankind were firſt taught the ſacred duties of inſurrection; and Ananus, the high prieſt, is repreſented to have been ſo much attached to the principle of Equality, that he delighted to make it evident in his conduct to the moſt abject. His enthuſiaſm for Liberty exceeded all meaſure, and he was an ardent lover of Democracy *. The profeſſors of this new philoſophy, by an inſurrection, got all the powers of the State into their hands. I ſhall not deſcribe here the crimes of a ferocious populace, whom they let looſe againſt the upper orders, or excited againſt each other. Every ſucceſsful commotion, upon theſe principles, has the ſame termination;—the maſſacre or emigration of the Nobles and people of property. That of Judea ended finally by the Jews ceaſing to exiſt as a Nation.

II. INSURRECTION OF THE BAGAUDAE, IN THE REIGN OF DIOCLESIAN.

BUT France has ſuffered oftener from the ſpreading of theſe principles than any other nation. When that country has been greatly exhauſted by foreign wars, they have repeatedly burſt, as it were, from a latent ſtate, into action, and added this extreme of calamity to what it ſuffered before. A long ſeries of troubles agitated Gaul from the reign of Gallienus to that of Diocleſian; the peaſants, oppreſſed with the joint weight of public diſtreſs and feudal ſervices, took arms againſt their lords; [39] ‘an event (ſays Gibbon) which, though it is mentioned in a few words by our imperfect writers, deſerves, from its ſingularity, to be recorded in the hiſtory of human manners. The inſurgents were called the Bagaudae; a name derived from the Celtic word Bagad, which ſignifies a tumultuous aſſembly. They aſſerted (continues the hiſtorian) THE NATURAL RIGHTS OF MEN, but they aſſerted thoſe rights with the moſt ſavage cruelty. The Gallic Nobles, juſtly dreading their revenge, either took refuge in the fortified cities, or fled from the wild ſcene of anarchy. The peaſants reigned without controul *.’ As this account was publiſhed in 1776, it will not be ſaid that the hiſtorian has tortured ſome obſcure and brief notices into a parallel with the late Revolutions in the ſame country. The reduction of the Bagaudae was the firſt exploit of Maximian, after his nomination to the Empire by Diocleſian.

III. INSURRECTION OF THE JACQUERIE, IN THE REIGN OF JOHN OF FRANCE.

THE next irruption of this kind, which laid waſte France, took place in 1358. It reſembled that of 1789 ſo much, not only in its general character, but in particular circumſtances, that we ſeem almoſt to be reading the ſame hiſtory under different names. It was the inſurrection of the Jacquerie, to whom the modern Jacobins [40]have ſucceeded, not only in ſpirit, but in title*, after the interval of 440 years.

THE war with England had exhauſted the reſources of France; King John was a priſoner in London; the Dauphin, then of the age of eighteen, aſſumed the exerciſe of the Government, and having obtained a truce of two years of the Engliſh, he called an Aſſembly of the States to procure ſupplies. Here he found every Order negligent of the public diſtreſs, and deſirous only to augment its own power: he therefore haſtened their ſeparation. At that juncture, Charles the Bad, King of Navarre, who had great poſſeſſions in France, aſpired to the Throne. We have ſeen him and his crimes revived in one of his deſcendants, the late Duke of Orleans.

[41]CHARLES of Navarre had been able to gain to his party the ſeditious Prevôt des Marchands, or Mayor of Paris, Marcel, and that factious populace. The latter ſent an aſſaſſin to murder the Treaſurer of France, who afterwards took ſanctuary: the Regent ſent two mareſchals to apprehend and execute him: the Mayor, Marcel, upon this raiſed the populace, broke into the apartment of the Prince, murdered the mareſchals before his face, and, when he ſaw him apprehenſive of his own fate, as a mark of his protection, ſnatched the Prince's hat off, and clapped the cap (the badge of the faction of Navarre) upon his head. I muſt candidly remark here, that the colour of this cap was blue*, and not red. The Dauphin-Regent was forced to diſſemble his reſentment, and to take all in good part.

AFTER this inſult, he was detained in a kind of captivity; in which ſtate a poiſon was adminiſtered to him, by which he loſt his hair and his nails. This was ſuſpected to have been done by the direction of the King of Navarre.

IN the meantime the faction at Paris, though ſeemingly inclined to Charles, was more diſpoſed to change France into an effective Republic than to pull down one [42]King in order to ſet up another. The plan of the leaders of the inſurgents of Paris of that time was preciſely copied in the firſt of the new French Conſtitutions; it was ‘to change the form of the Government, to veſt the ſupreme power in the Third Eſtate, and to leave the King his title with little or no authority.’ This was the Conſtitution propoſed by that metropolis to the other cities, but then rejected by them. It was not until ſome little time after that their minds were elevated to the height of ſuch a Revolution *. But the Regent, who had been obliged to temporize and diſſemble, having been ſo fortunate as to eſcape out of Paris, and not to be intercepted in his flight, that capital and the other cities of the kingdom ſhook off the Royal authority, took the Government into their own hands, and ſpread diſorder into every Province; and the troops, left without pay, no longer regarded their Officers, or were reſtrained by any diſcipline from indiſcriminate plunder.

YET this devoted country was to be afflicted with the addition of another calamity, in weight and magnitude exceeding the total of what it then ſuffered: this was the inſurrection of the Jacquerie or peaſantry. The populace of the cities had found employment for the exerciſe of the new lights they had obtained in the ſchool of the metaphyſical politicians, in the eſtabliſhing of their new municipalities or little independent republics; deſtined, perhaps, if their progreſs to the perfection of civil ſociety had not received a check, to have become the inſulated and repulſive elements of a prior French Republic, one and indiviſible. The principles of this Aſſociation, as it has been [43]already remarked, have been aſſigned by Gibbon, who particularly profeſſes to have examined the original accounts of them himſelf, for the purpoſe of acquiring light to fix the character of a ſimilar event. Theſe inſurgents, he ſays, "aſſerted the natural Rights of Man." It has been proved, that he ought not to be accuſed of having ſurveyed the occurrences of this period with an eye tinctured with the prejudices of the preſent; of having corrupted the faith of hiſtory to inflame what is called liberticidal prejudice.

THE Members of the Jacquerie did not repel the violence of the citizens and ſoldiers as an injury to themſelves; they followed it as an example. The object of their fury was the Gentry; whom, while they were recovering their own rights, they upbraided with cowardice for deſerting their Sovereign at the battle of Poictiers. From this precedent, perhaps, has ariſen the conſtant ſubſequent practice of thoſe who are endeavouring to convert a Monarchy into a Republic, to maſk their firſt meaſures under great profeſſions of zeal for the honour, happineſs, and dignity of the Prince.

‘THE caſtles of the gentry were conſumed by fire, and levelled to the ground; and they were hunted like wild beaſts, and put to the ſword without mercy. The ſavages proceeded ſo far as to impale ſome gentlemen and roaſt them alive before a ſlow fire. Their wives and daughters were firſt raviſhed, and then murdered: a body of 9000 of them broke into Meaux, where the wife of the Dauphin, with above 300 Ladies, had taken ſhelter: the moſt brutal treatment and moſt atrocious cruelty were juſtly dreaded by this helpleſs company: but [44]the Captal de Buche, though in the ſervice of Edward, yet moved by generoſity and the gallantry of a true knight, flew to their relief, and beat off the peaſants with great ſlaughter*.’

[45]ONE obſervation muſt be here made on the proximate cauſe of both theſe ſanguinary inſurrections, adverting more particularly to the latter.

FROM the very nature of the feudal ſyſtem, it is not to be ſuppoſed that either of theſe calamitous periods was diſtinguiſhed by any extraordinary oppreſſion of the lower orders by the Nobility or Gentry. Previous to the latter, the arms of Edward, and the intrigues of the King of Navarre, had long kept France in a moſt unſettled ſtate; and the Nobility muſt have felt, for a conſiderable term of time, an increaſing want of the attachment of their vaſſals, and, conſequently, been obliged to treat them with more than ordinary regard. Beſide, it is by no means certain, that in the ſemi-barbarous ſtate in which France was then plunged, the burthen of the feudal ſervices exceeded the value of the protection the tenant then received from his lord: the latter at that time might be eſteemed fully equal to the former. As it was a well-known practice for thoſe who poſſeſſed allodial lands, or ſuch as were free from feudal [46]ſervices, as our freeholds, to convey them over to ſome neighbouring baron, who engaged to grant them back again to the former owner, liable to the feudal ſervices of his barony; that thus the former independent proprietor, by becoming a vaſſal, might acquire a right to the protection of his new lord. Thoſe ſervices he therefore voluntarily, engaged in, becauſe what he gave was not of the ſame value to him as what he acquired: and they were undoubtedly of the kind called privileged or definite: he certainly did not thereby ſubmit himſelf to a ſtate of villenage in groſs.

IV. INSURRECTION UNDER WAT TYLER IN ENGLAND, IN THE REIGN OF RICHARD THE SECOND.

THESE events in France muſt in all probability have produced the firſt party of Alarmiſts, who then held out the danger of theſe principles getting footing here; and it is alſo probable, that there were many Engliſh in that age, ſome from that levity which derides all troubleſome foreſight; ſome not favouring their ultimate ſucceſs, but deſirous to promote their own oblique purpoſes by their temporary extenſion and prevalence; and others who deſired to ſee them adopted in practice to their utmoſt extent; who treated the melancholy declamations of the Alarmiſts of the Fourteenth Century, on the calamities to be apprehended at home, from the effect of the inſurrection of the antient Jacobins or Jacquerie upon the minds of the populace, with the ridicule the ſame apprehenſions meet in our days: the verification their predictions received from the event, the politicians deſcribed above do their utmoſt to give to thoſe of their ſucceſſors; and they may ſucceed. In the time of the Jacquerie, Edward the Third ſat upon the [47]Throne; and the vigour of his adminiſtration, and the popularity of his brilliant reign, muſt have been a great reſtraint upon thoſe principles from burſting forth into preſent action: but the diſtemper of the minds of the populace, though latent, was probably ſpreading during its lowering decline. It broke out in the minority of Richard. Seditious orators were not then wanted to propagate the ſacred duty of inſurrection; the name of one of them is handed down to us: John Ball, a prieſt, went about the country, inculcating on his audience ‘the equal right to liberty, and to all the goods of nature; the tyranny of artificial diſtinctions; and the idea of primitive equality*.’ To borrow a metaphor from a modern writer of great eminence, it was thus a mine was dug to blow up civil ſociety; a poll tax had been granted by parliament, and an inſult offered by an abandoned collector to the daughter of a blackſmith, ſet fire to the train which led to it. The populace of Eſſex, Kent, Hertfordſhire, Suſſex, Surrey, Suffolk, Norfolk, and the counties of Cambridge and Lincoln, immediately flew to arms: and before the Government had the leaſt warning of the danger, the diſorder had riſen beyond controul or oppoſition: the moſt audacious and criminal of their leaders aſſumed the feigned names of Tyler, Straw, Carter, or Miller, ‘by which they were fond of denoting their mean origin.’ Thus thoſe who borrow their principles from France now borrow from the ſame country the groſs name of Sans Culottes. In all inſurrections of this character the populace are conſtantly actuated by one motive, "the purpoſe of levelling all mankind:" the means too by which its end is purſued are always the ſame: ‘the inſurgents committed the moſt [48]outrageous violences on ſuch of the Nobility or Gentry as had the misfortune to fall into their hands;’ and ‘favoured by the city rabble they broke into London; ****murdered the Primate, the Chancellor, and the Treaſurer; ****cut off the heads of all the Gentry whom they laid hold of; expreſſed a particular animoſity againſt the lawyers; and pillaged the warehouſes of the rich merchants:’ even the Widow of that revered hero the Black Prince could not eſcape from their inſolence and outrage; ‘ſome of them, to ſhew their purpoſe of levelling all mankind, forced kiſſes from her*:’ ‘whoſe head they alſo broke in a tyrannizing frolick.’

Is the ſable warrior fled?
Thy Lord is gone—he reſts among the dead.
GRAY.

This event being recorded in our own Hiſtory, I ſhall be more particular in my obſervations upon it.

THE conſtruction and mode of working that machinery, which is to diſorganiſe Society we ſee was not then totally unknown: and the means to diffuſe conſtitutional information employed in that period were the ſame as are now in practice, if we except the preſs, that moſt powerful engine to promote the beſt and the worſt ends; and on the balance, for a certain period after the commencement of the attack, a formidable addition to dangers of this kind. The minds of the populace were regularly prepared for inſurrection in the manner deſcribed; and the principle of equalizing, then copied from the French, was the prediſpoſing cauſe of this unhappy and ſanguinary commotion. The criminal inſolence of a tax-gatherer, repelled [49]by an immediate murder, was the occaſion or premature ſignal only, which brought this ſpirit into action, not the primary origin of the ſeries of events which then commenced.

THE principles of ſedition preached by John Ball have a ſingular ſimilitude to thoſe now ſolicitouſly propagated. We are able to trace in them the great outline of thoſe laid down in the advice of Mr. Barlow to the Privileged Orders. This is evident in the account given of the former from Hume. It is worth the while only to inſtance particularly one of theſe points of reſemblance, which is curious and ſtriking. Mr. Ball, in his Homilies on the Rights of Man, preached on "their equal title to all the goods of nature;" and Mr. Barlow, that ‘every man is born with an impreſcriptible claim to a portion of the elements, which portion is termed his birthright*.’ We ſee both of them lay down the ſame doctrine in the ſame guarded manner; half holding forth to the populace, and half keeping back, an expectation of an equal diviſion of lands. This Century had not the honour of firſt diſcovering this fine principle of tribunitial morality, in the claſſical records, or of the reinvention of it.

THERE ſeems to me little reaſon to aſcribe the miſeries in which this inſurrection involved England, at that particular point of time, to any other cauſe than the contagion of the principles which had prevailed in France ſome time before. I ſhall, however, ſtate and conſider what may be ſaid againſt this.

[50]MR. HUME joins another with it, on the authority of Froiſſart, ‘that perſonal ſlavery was then more general in England, than in any other country in Europe.’ He himſelf, in ſome places, has cenſured that Writer, as falling into many errors in point of fact; but there is one circumſtance which ſhews, that the number of ſlaves (by which I ſuppoſe villeins in groſs* to be meant) muſt, in that age, have been very greatly reduced. The influence of the clergy over the minds of the people had, at that time, ſuffered a ſhock which it never recovered. On this ſomething more particular will be ſaid hereafter. Hence the greater part of every Revolution they were to bring about, in the relative ſtate of the different claſſes of Society, had been already effected. Now the total abolition of this ſpecies of ſlavery was completed in England, and that by the exertions of the clergy, before the Reformation; for Sir Thomas Smith, who was Secretary to Edward the Sixth, ſays, that in all his time he never knew any villein in groſs throughout the realm: ‘for he tells us, that the holy fathers, monks, and friars, had, in their confeſſions, and eſpecially in their extreme and deadly ſickneſs, convinced the Laity how dangerous a practice it was for one chriſtian man to hold another in bondage; ſo that temporal men, by little and little, by reaſon of that terror of their conſciences, were glad to manumit all their villeins.’ It ſeems, therefore, reaſonable to ſuppoſe, the effect of [51]their exhortations being at all times proportioned to their aſcendancy over men's minds in general, that they made the moſt rapid progreſs in this work, and had performed the greateſt part of it before their influence was much declined, or before the acceſſion of Richard the Second: nor are we to aſcribe thoſe great inſurrections to perſonal ſlavery, at a time in which it was greatly diminiſhed, which are not to be found in the time it was moſt prevalent.

FURTHER, to ſhew that nothing is contained in this inſtance, tending to demonſtrate that a calamity of the like nature is probable at preſent, it will be ſaid, that ‘theſe were the exceſſes of a barbarous age, but that the diffuſion of light in Society has humanized the manners of every claſs of mankind, and that this is particularly the caſe of England at this period; and although in the Fourteenth Century, the populace both here and in France were equally involved in darkneſs, and led with the fame facility into atrocious crimes; that the lower orders in this kingdom have, in the former of theſe reſpects, and conſequently in the latter, in this age, a relative ſuperiority over their neighbours, which they were by no means entitled to boaſt of in the age of Edward the Third. The concluſion of this is obvious: that a danger ſo probable then as juſtly to have been the ſubject of alarm, muſt be totally viſionary now.’

BUT it cannot be admitted that the populace of England were then ſo totally involved in ignorance as this objection ſuppoſes; for whenever a certain portion of knowledge on any one ſubject becomes generally diffuſed [52]among the upper claſſes of a State, their inferiors will ſoon become poſſeſſed of that part thereof, which their relative ſituation permits them to acquire. The increaſe of the information of the former becomes diſſeminated among the latter, by the middle claſs, converſing ordinarily with both. And the feudal ſyſtem tended to inſure this, in the age which is under conſideration; not only by the frequent attendance of the vaſſals in the courts of their Lords, but by the multitudes of retainers which their hoſpitality, their oſtentation, or their love of war, induced them to live ſurrounded by. Theſe originally taken from, occaſionally mixing with, and ultimately returning to the body of the common people, diffuſed among them the outline of every new opinion, as ſoon as it was eſtabliſhed. The propagation of new ideas throughout the whole of Society, was not much leſs rapid then than it is now; much of the effect of the diſcovery of printing being counterbalanced by the change of cuſtoms in this particular; and thus perhaps the feudal ſyſtem contained within itſelf the ſeeds of its own decline.

NOW from a detail of numerous circumſtances preſerved to us is hiſtory, it appears, that the upper claſſes in the reigns of Edward the Third and his ſucceſſor, were far advanced in general knowledge, and particularly in that of political, commercial, and conſtitutional principles: inſomuch that it ſeems that the nation was, in theſe reſpects, in a retrograde ſtate, from the age of Edward the Third to the acceſſion of the Tudors, and that it did not re-acquire its former point of advance upon the whole, until the reigns of the firſt Scottiſh Princes*.

[53]In the hiſtory of France for the ſame period, I recollect none of theſe circumſtances, and I think it would be in vain to ſearch for them: for the greater part of theſe improvements were moſt probably ſo early called forth in England, by the inſtitution of a Houſe of Commons relatively new, and then beginning to produce its effects on the ſpirit and ideas of the nation.

OF this knowledge, according to what is obſerved above, every claſs of the nation muſt have imbibed its ſhare, according to its powers of abſorption: the genius of the age prevented its being confined. If, therefore, we compare the Engliſh populace of that period with that of France, as great a ſuperiority at leaſt muſt then be allowed to them in uſeful knowledge as can be admitted now: but the event ſhewed, that the difference in that age was not enough to protect this nation from the experience of many, and the hazard of all the miſeries which had recently overwhelmed France. And as that difference is not increaſed, it is a folly which tends to the laſt extremity of national ruin, to rely upon it more firmly now.

THERE is another point of view likewiſe, in which the inſurrection of the Fourteenth Century requires conſideration. The late ſubverſions of the Governments of Holland and of France ſhew us, that there is almoſt as much to fear as to hope from regular troops: and if we look to a force on which we can place unlimited confidence, in oppoſition to ſuch an inſurrection, at this juncture; from the revolution which has taken place in the ſtate and manners of Society, we ſhall ſee that force greatly weakened. In the feudal ages, the upper and opulent claſſes [54]were chiefly military men. Hence, though the encounter was terrible, they finally prevailed, by the advantage of diſcipline and military habits. On a late occaſion, from the decay of them, we have ſeen the gentry and nobility of France unable to make a ſtand, and ſwept away almoſt without reſiſtance: a country where the education of a camp was much more general among the ſuperior orders than in Britain. Admit now the chance of inſurrection to be leſs than here ſtated, the danger to be apprehended is from the chance of attack, and the weakneſs of the means of defence jointly: if that chance decreaſe, and the ſtrength of defence decreaſe in the ſame proportion, the danger of the State remains ſtill the ſame

5. OTHER INSURRECTIONS TO ASSERT THE RIGHTS OF MANT.

SOME other inſurrections will be here mentioned, that a general concluſion may he drawn from the whole of them; but with little detail of their particular incidents.

IN the feeble reign of Henry the Sixth, Cade raiſed a formidable commotion, under a pretence of a Reduction of taxes, and a Reform in the State; but no trace of the Levelling principle is to be found in his Declarations or his conduct: an article in his Manifeſto in favour of the old againſt the new nobility, ſeems even in the moſt diametrical oppoſition to it, and he is generally eſteemed to have been an inſtrument of the Duke of York. This is noticed, as the only inſtance I recollect in the Hiſtory of this country of the more dangerous inſurrections of the populace, which was not founded on the doctrine of the Equality of the Rights of Man.

[55]AFTER the death of Iſabella of Caſtile, in 1503, the Regency of that kingdom was diſputed between her huſband Ferdinand of Arragon and the Auſtrian Princes. During the following ſixteen years, a kind of turbulent Interregnum prevailed in Spain, with intervals of regular government. The Royal power being by theſe viciſſitudes weakened, a democratic faction aroſe, conſiderated under the title of the Germania, the Brotherhood, or Aſſociation of the People. It involved Spain in diſcord and bloodſhed for nearly two years. The Progreſs of Civil Society toward anarchy in that time in the kingdoms of Spain, was nearly the ſame as what we recently ſaw it in France in the ſame period: it was advanced ſo far, that two clothworkers and a tanner ruled the debates of their Third Eſtates*.

TO the ſtern government of Henry the Eighth in England, ſucceeded the feeble minority of Edward the Sixth, and the feeble Protectorate of his uncle the Duke of Somerſet, continually traverſed by his factious brother, and his intriguing ſucceſſor. Popular commotions aroſe in ſeveral parts of the kingdom: ſome inſurgents took arms on account of religion, others were what Baker calls "Commonwealth Mutineers." The object of the three greater bodies was to form a junction: one of them declared for no King, the deſtruction of the nobility and gentry, and holding a Parliament in commotion, which ſhould begin at the South and North Seas of England. Another for no Gentry, no Lawyers, no [56]Judges, no Juſtices, no Incloſures*. It was with difficulty and great exertion that two of theſe bodies were ſeparately conquered, on which the third diſperſed. If the projected junction had taken place, it would moſt probably have involved the whole kingdom in a deſolation equal to that in which the Jacquerie involved France.

ONE conſequence is plainly deducible, from a view of all theſe accounts conjointly, that the executive power of the Sovereign can never be both ſuddenly and greatly weakened or relaxed below its accuſtomed tone, without expoſing Society to the hazard of that moſt dreadful of calamities, the tyranny of Levelling principles, or thoſe of Equality: for the latter term bears no other ſenſe in the conception of the multitude, and is intended to convey this to them, by the great majority of thoſe who affectedly dwell upon it. This ſpirit is ready to break out on all ſuch occaſions: and this we have ſeen it do when John of France was a priſoner to a foreign enemy; when Charles the Firſt and Louis the Sixteenth were priſoners to their own ſubjects; during the feeble and diſtracted minorities of Richard the Second and Edward the Sixth, and in the effective Interregnum following the death of Iſabella of Caſtile.

ALTHOUGH this is the moſt permanent and general of the irregular paſſions acting upon the minds of the populace, it ſometimes gives place to others; which, if they happen to be predominant at a time when the Royal power is ſuddenly diminiſhed, the former will not appear in action, but the latter will [57]produce the ſame effect. Thus in Ireland, when the vigorous, and in ſome inſtances perhaps the arbitrary, adminiſtration of Lord Strafford was removed, and it became evident that Charles the Firſt was a King in came only, and that his government had very little effective power; the long ſuppreſſed reſentments of the Iriſh againſt the Engliſh, and their ferocious bigotry, broke out in the Iriſh Rebellion and Maſſacre. This ſeeming exception gives an indirect but ſtrong ſupport, to one of the propoſitions on which the preceding concluſion is founded. But to confine ourſelves to the principles of the ?Commonwealth Mutineers."

HENCE it may be laid down as a general fact, that when the power which keeps the lower people in ſubordination, be it equal to, or more than the degree every good man would wiſh to have permanently eſtabliſhed in a State, be of a ſudden greatly diminiſhed, inſurrections of this kind will be the conſequence of it; for if it be juſtly ſaid, that Governors are always endeavouring to increaſe their coercive power, yet when we ſee it for a conſiderable term of years ſtationary, notwithſtanding that perpetual effort, we know that the ſpirit of reſiſtance of the People in that generation is preciſely equal to the whole of that power. Diminiſh the latter greatly, and the elaſticity of the former will caſt the remaining weight entirely off. Such diminutions muſt be made by degrees, and an attentive and accurate adminiſtration of the powers left, will ſupply the place of the ruder compreſſion that is removed, until the people become accuſtomed to enjoy their new degree of liberty with temperance: then it becomes capable of a ſecond further extenſion, and not before. In the [58]progreſſive growth of the Britiſh Conſtitution, we ſee an illuſtration of this: we may deſcribe it in the ſame terms in which Tacitus deſcribes that of the Roman Empire from its origin to its higheſt point of grandeur, Octingentorum annorum fortunâ & diſciplinâ compages haec coaluit — This noble edifice was erected by the fortune and virtue of eight hundred years. Every courſe of maſonry was ſuffered to ſettle and conſolidate as it was carried up. The period, indeed, was long: but in ages of barbariſm and ſemibarbariſm, this work will, and perhaps ought to proceed, very tardily.

IT follows from all the inſtances given in this Section, that offenſive popular Aſſociations, on principles called thoſe of the Rights of Men, have always been attended with the moſt tragical conſequences; and it muſt be added, that this has not ariſen ſolely from accident, or the circumſtances of the times in which the experiment has been made, but from the principle itſelf, which is contrary to the legitimate conſequences of the laws of human nature. It reſts to be ſhewn, that on whatever ground a ſtrong Offenſive Aſſociation ſhall at this time begin to act, it will be preſently loſt ſight of, and this ſubſtituted in its place.

SECTION VII. ON OFFENSIVE ASSOCIATIONS, THE OBJECTS OF WHICH ARE LIMITED.

THE objects of theſe Aſſociations,' it will be ſaid, ‘were extreme and moſtly indefinite. Had their Leaders, at the beginning, laid down certain ends or limits, the calamities [59]above deſcribed would never have happened; or, at leaſt, the greater part of them would have been avoided: their operations would have ceaſed as ſoon as theſe fixed points had been attained: and, to reaſon of the preſent time—Suppoſe the worſt: ſuppoſe even that there ſhould exiſt a Party in Great Britain, with whom the tie of allegiance is of no force, and that they might be looked upon in the ſame light as a body of foreign enemies within the realm; yet from foreign enemies we ſhould entertain a full expectation of peace, or ceſſation of hoſtilities, on our performance of ſuch conditions as they propoſe and we accede to. And ſhall we entertain of Engliſhmen, doubts that would be injurious to a foreign enemy? Can we think ſo ill of our countrymen? Have they rejected every principle analogous to the Law which binds hoſtile nations, which can preſerve the good faith of hoſtile parties to each other?’

IT may be the belief of the majority of the original Leaders of an Offenſive Aſſociation, that they ought, and it may be their determination that they will act up to their engagements; but if they be at the head of a Party, combined on the principles taught as the Rights of Man, ſuch Leaders may bona fide make the attempt to act up to their original Manifeſto; but the probability runs very ſtrongly againſt their being able to effect their purpoſe: for whatever principles they may ſet out with, the extreme and moſt violent that their lower adherents ſhall have imbibed, prior to their Aſſociation, or that they ſhall pick up in the courſe of the ſtruggle, will moſt probably be thoſe ultimately acted upon.

[60]I SHALL here ſhow the reality and magnitude of this danger, from the examples of the moſt enlightened nations, and in their moſt enlightened periods. It muſt be on this occaſion ſuppoſed that it will not be diſputed, that when the heads of a Party declare that they will preſerve any one part of a Conſtitution, in its exiſting ſtate, they thereby impoſe limits upon their own operations; and that as much reliance may be placed on thoſe they impoſe upon themſelves in the courſe of action, as if they had laid them down immediately before they began to act. To attempt to diſtinguiſh between the validity of the two ſecurities, would be to make a diſtinction without a difference, unleſs it be contended, that when the Leaders of ſuch a Party have begun their ſeries of meaſures, they loſe entirely the power or the with to obſerve their engagements; but an opponent who ſhall reſt upon this concedes the whole argument.

THE object of Mr. Fox's Aſſociation is clearly limited. It is to continue in force until two Acts of Parliament named therein be repealed; and the ſubſcribers, as Aſſociators, are to purſue no other point. But we have had the calamity to ſee a very recent and terrible example of the failure of an engagement, defined with as much preciſion as that now held out to us, and which was contracted with a more awful ſolemnity. It was on the 7th of July 1792, that M. Lamourette, Biſhop of Lyons, moved in the National Aſſembly, ‘That all thoſe who hold, in equal deteſtation a Republic and two Chambers, and who wiſh to maintain the Conſtitution as it is— Rise The words were ſcarcely pronounced, when ‘the whole Aſſembly, by an inſtantaneous impulſe, roſe from their ſcats. The two parties advanced and embraced [61]each other, and ſolemnly proteſted their adherence to the Conſtitution*.’ It is of conſequence to add, that this motion was made ‘at the moment M. Briſſot aſcended the tribune to pronounce a diſcourſe on the means of ſecuring the State againſt all its enemies.’ It was at the very criſis of the Revolution: the army of the Pruſſians and Auſtrians were advancing in France: no adequate force was prepared to oppoſe them; and when ſuch a man brought forward ſuch a diſcuſſion at ſuch a time, no doubt can be entertained that the Leaders and the body of his Party were preſent; and all preſent concurred in this ſolemn Proteſt. It was on the 10th of the following month the Tuilleries were attacked, and the King depoſed. Briſſot, Louvet, and Barbaroux, in their public ſpeeches and writings, aſſerted that this Revolution was effected by them, and their aſſociates, to eſtabliſh a Republic: and that the day originally fixed on to carry it into execution was the 29th of July, twenty-two days only after this public declaration. Now if twenty-two days was a ſpace of time long enough for arranging the plan of the inſurrection, and making the neceſſary preparation for it, the Briſſotine Party muſt almoſt inſtantly have gone from the making this Proteſt to the direct violation of it. If the period were ſo ſhort that they cannot be ſuppoſed at firſt to have expected to be able to bring about ſo great an event, in ſo little a time after the firſt conception of it (which ſeems almoſt certain), then the conſpiracy exiſted at the time this ſolemn engagement was entered into; and the only object of the Republican Conſpirators, in taking the Proteſtation, was to caſt a neceſſary veil for a few days over thoſe meaſures [62]they were purſuing, which brought ſuch dreadful calamities upon themſelves and their country.

THUS the Declaration againſt Republicaniſm was violated: the remaining half of the Proteſtation continued uninfringed ſome little time longer. The National Convention, containing many of the members who had taken this Proteſtation, ſat for a ſhort and ſanguinary period as one Aſſembly; the members whereof were chiefly occupied in mutual proſcriptions. It then diſſolved one third part of itſelf, filled up the vacancy, and divided into two Chambers. Such is the leſſon recent experience holds forth to us, on the faith that is to he put in the engagements of this kind, ſolemnly entered into by the Leaders of a People, enlightened by the torch of Philoſophy, kindled at the ſacred and eternal fire, on the altar of Liberty and Equality. Theſe men, theſe means, this act have been defended—Defended did I ſay? The enthuſiaſm of the Republicans of England has applauded them beyond every example the annals of public virtue preſent us with, in ancient or in modern ages. They will be admitted parties to Mr. Fox's Aſſociation; and become, by their ſubſcriptions, the guarantees of its limitations. And will not theſe idolizers of the violation, and the violators of one of the moſt ſolemn compact on record, emulouſly; follow the example they adore? At the commencement of this year, a ſecond ſolemn farce, the ſame in form, but oppoſite in its engagements, was exhibited at the commemoration of the beheading of the King; the members of the two aſſemblies ſwore deteſtation to Royalty. This oath certainly cannot be ſuppoſed to have any tendency to accelerate or retard its reſtoration.

[63]WE now come to the examples of the inſufficiency of theſe limiting clauſes contained in our own Hiſtory: but to this the following obſervation muſt be premiſed, on the nature of limitations in general. The object of an Offenſive Aſſociation may be to effect alterations in the State, or in Religion, ſeverally or in both conjointly; and, in the two firſt caſes, the Aſſociators may pledge themſelves to the entire conſervation of the one, but fix no limits to the extent of the alterations they propoſe in the other. Thus an Aſſociation may refuſe to lay down any limits to the alterations they wiſh to effect in the State, but by expreſs declaration engage to make none in the national religion. This was the ſtate of obligation in which the Leaders of the Long Parliament and their adherents placed themſelves before the Civil Wars commenced; for it has been ſeen before, that they refuſed to define the extent of their propoſed alterations in the State, on the King's requiſition; and that, in the juſtification of their conduct and views, they never referred to that repoſitory of law and conſtitutional knowledge, the works of Sir Edward Coke: their object in the State was therefore indefinite, and as ſuch has been before conſidered: but this Aſſociation was ſtrictly limited with reſpect to changes in religion; the fidelity with which they adhered to thoſe limitations will preſently be examined.

THOSE who at that time endeavoured to bring about alterations in the exiſting Laws, inimical to the conſtitution of its government*, drew large [64]parts of the nation to aſſociate with then; having previouſly defined, in expreſs terms, certain points thereof, which they would maintain and defend in their exiſting ſtate. The conditions of ſuch Aſſociations ſhall be here produced, and the entire breach of them ſhewn; and, from a compariſon of the manners and morals of the nation at that time and the preſent juncture, it will be likewiſe proved, that before the events to be related took place, the apparent danger of a flagrant violation of theſe limits, in the former period, was much leſs than that of a like breach of the reſtraints the Aſſociators of the preſent day have impoſed upon themſelves.

IT was between the 2d and 5th of May 1641, that the Houſe of Commons entered into a vow and Proteſtation, ‘in the preſence of God, to maintain the true Proteſtant Religion, expreſſed in the doctrine of the Church of England *.’ The Lords concurred with them in taking this Proteſtation: but in oppoſition to that Houſe, the Commons, by their ſingle authority, ordered it to be ſubſcribed by the whole nation, under the penalty, to ſuch as ſhould refuſe, of being declared unfit for any office in Church or Commonwealth, and being deemed malignants and diſaffected. The oppoſition of the Peers to the general ſubſcription, ſhews it to have been brought forward by the moſt active opponents of the Court.

[65]THIS engagement became at length an obſtacle to the Parliamentarians, when they wanted to obtain the aſſiſtance of the Scotch, in the depreſſed ſituation to which they were reduced. In September 1643, or in little more than two years, they ſubſcribed the Solemn League and Covenant, whereby they engaged to eſtabliſh Preſbyterianiſm in England. Vane had, indeed, the addreſs to have the Article on this ſubject drawn ſo, that it did not abſolutely bear the ſenſe the Scots put upon it: but the Parliament executed it in that ſenſe, and the concurrence of both the contracting parties thereto, eſtabliſhes what is to be received as the meaning of the ambiguous phraſe he inſerted.

THIS engagement the Parliament ſubſcribed themſelves, and they ordered it to be received by all who lived under their authority. It may be pretended, that this change was juſtified by a change of religion in the body of the people; but this is a poſition which cannot be ſupported. It is not digreſſing from my purpoſe to ſhew this, for it proves that a cabal of leading men may draw a great part of the nation into an Aſſociation with them; one condition of which ſhall be, to preſerve inviolate ſome inſtitutions for which the people entertain the higheſt reverence; and obtaining political power by this means, the Junto, or a part of them, ſhall convert that very power to effect the abolition of what they originally engaged to defend.

AT the meeting of the Long Parliament, the Puritans were by no means the majority of the nation*. There [66]was not a leſs proportion of the Sectaries in the Houſe of Commons than in the kingdom at large: and the Proteſtation in 1641 could not have been voted by an Aſſembly where the majority, or even a numerous and active Party were of that deſcription. The doctrine of the Puritans had taken root before, and its followers were increaſing; but when it attained its utmoſt growth, under the ſhelter of that Party who began as reformers, and ended as ſubverters of the legal Conſtitution, they ſtill continued to be a minority in the nation; and the Covenant was impoſed by force, or the fear of force, upon the majority of the people. Of this we have the beſt cotemporary evidence, that of the Diſſenters themſelves. Before the commencement of the Civil War, it was one of their leading tenets, that the individuals of every congregation had, jure divino, a right to elect their own miniſter; but after they had begun the operation of ejecting the epiſcopal Clergy, the Aſſembly of Divines found it neceſſary to give up the ?divine right of election:" at which time, Emanuel Knutton expreſſes his fervent gratitude to our bleſſed Parliament and reverend Synod," who took ‘the care to ſend zealous and godly miniſters to’ vacant pariſhes. The neceſſity of the conceſſions of the Aſſembly, and the joint care of that body and of the Parliament, is clearly ſhewn by Needham, who tells us, that if the people had then been permitted to chuſe their own paſtors, ‘the godly and well-affected would have the leaſt ſtroak in the choice.’ And he adds, that ‘if there be no other ſupplies made for pariſhes but ſuch as the pariſhioners cordially reverence and affect, the man to be choſen in moſt pariſhes would be, a man in a ſurptice, with a common-prayer book, &c. *.’ Hence [67]we ſee that the Preſbyterian diſcipline was impoſed upon the majority of a reluctant people, by a Party who had drawn them in to aſſociate with them, by taking a ſolemn ‘Proteſtation, in the preſence of God, to maintain the religion expreſſed in the doctrine of the Church of so England.’

THE Proteſtation, as we have mentioned above, was ſuperſeded by the Solemn League and Covenant, the preamble of which profeſſes all regard to the honour and happineſs of the King's Majeſty and his posterity, and the true public liberty, ſafety, and peace of the kingdoms. And in the body of it it is declared, that the parties thereto. had ‘no thoughts or intentions to diminiſh his Majeſty's juſt power or greatneſs.’ Thus the former limits to the projected reforms ſecuring the national religion were removed, but new ones were entered into relating to the civil ſtate, to preſerve the juſt power of the King undiminiſhed.

THESE were no more adhered to than the former; every Party to bring about an alteration in the Law by their perſonal interpoſition*, contains men of three deſcriptions; its moderate members, its warm members, and its fanatics. In the period of our Civil Wars, the power had early ſhifted, from thoſe of the firſt to thoſe of the ſecond deſcription of the Parliamentarians, and was [68]ultimately ſeized by thoſe of the third. We have ſeen the ſame progreſs of the devolution of power take place in the French Revolutions: and ſuch tranſitions are not to be looked upon as ſingular incidents attending theſe two turbulent periods, but as general conſequences occurring in every ſuch criſis of a State: and in both theſe caſes, thoſe Leaders into whoſe hands the power ſucceſſively fell, never perſevered any longer in the preſervation of the limits they had themſelves laid down to their enterprize, than until it became their intereſt to pay no regard to them. The only uſe ſuch ſtipulations ſeem to have ſerved is this: they enabled their projectors to acquire or retain the immediate poſſeſſion of power; and by that power they compelled a reluctant people to follow, or to ſubmit to them in their ſucceſſive violations of their Compacts.

As the terms of the firſt Aſſociation ‘to maintain the true Proteſtant religion as expreſſed in the doctrines of the Church of England, were fulfilled by aboliſhing them by law, and by the introduction of the doctrines of the Church of Scotland, inſtead of them; ſo the Solemn League and Covenant next entered into, profeſſing in its preamble all regard to the honour and, happineſs of the King's Majeſty and his poſterity, was fulfilled by thoſe, into ſe hands the military and civil power of the League bad now fallen, by murdering him, and expelling his family out of the kingdom. Europe then firſt beheld the fatal example of regicide, committed with the mockery of the forms of law, and by the eſtabliſhment of an ex poſit facto juriſdiction. The firſt example of a Revolutionary Tribunal is diſcovered alſo in the High Court of Juſtice which ſentenced the King. Cromwell continued [69]the practice in caſes he called Treaſon, ſuperſeding the trial by jury, to the preſervation of which the parties to the latter Aſſociation or Covenant muſt be conceived to have ſworn, as a leading part of the ‘true public liberty.’

THERE is but one ſtep further to go in this account. A Party may begin with limits, to be violated the firſt moment an iniquitous intereſt prompts them ſo to do, and end with proſcriptions. Mr. Hume has obſerved, that had the Reſtoration been poſtponed a little longer, ‘there was juſt reaſon to dread all the horrors of the ancient maſſacres and proſcriptions*.’ Coke has informed us, that an accuſation was brought againſt the Royaliſts, which cannot be ſuppoſed calculated for any other purpoſe, than to prepare the way for ſuch an execrable meaſure, and to ſhelter it under a verbal juſtification after it was executed. When the degradation of Richard Cromwell had taken place, the Council of Officers at Wallingford Houſe publiſhed a Remonſtrance, in which they charged the Malignants or Royaliſts, ‘that they had printed liſts, and marked for deſtruction the godly, eſpecially the King's judges.’ and in an hiſtorian of that time, we find that it had been debated in a Council of War ‘to maſſacre and put to the ſword all the King's party. The queſtion was carried in the negative but by two votes.’ In Oliver's Parliament, which met [70]in 1656, a Bill had been brought in to decimate the Royaliſts*.

WHEN the hiſtory of the ſucceſſive French Revolutions ſhall come to be carefully examined, it will be ſuppoſed very probable, that many of the wounds which, have been inflicted upon France, were made by daggers forged in this country. In the following caſe ſome doubts may be entertained. The project to eſtabliſh a fingle National Aſſembly, inſtead of two Houſes, was attempted by the Commons before the Civil Wars, but they did not ſucceed in it. Foulis informs us, that the Commons ‘had another mode to drive on their deſigns of altering the Government of England. They put ſeveral agitators to draw up a Petition, that the Peers who were agreeable to them would ſit and vote with the Commons, to the intent to have but one [71]Houſe*.’ This Petition was accordingly framed, and by the Commons it was preſented to the Houſe of Lords. This might be the remote origin of the National Aſſembly, or both the Engliſh Commons and the Tiers Etat in France might have poached for a precedent in the Memoirs of the Jacquerie.

THERE are deſperate diſeaſes, certainly, in the political as well as the natural conſtitution, which require and may juſtify very hazardous applications: but theſe are to be attempted only when it is evident that the caſe will terminate fatally, before a courſe of ameliorating alteratives can produce their effect. A vigorous remedy may alſo at one time be applied with little hazard; at another that hazard will be much increaſed. We muſt always endeavour to form a true eſtimate of the alue in uſe of our object, ſtripped carefully of thoſe gay accoutrements and tinſel with which imagination dreſſes out all its favourites. This value we are then to combine, with the probability of attaining our object, aſſigned as truly as we can. This reſult is, what a diſciple of Simpſon or De Moivre would call, the expectation of gain from the experiment. We are then to view the real magnitude of the evils this object may draw after it; examining them with a mind equally clear from all prevention. This amount alſo is to be combined with the chance of their happening, to find the expectation of loſs; the two expectations are to be balanced againſt each other, and we are to determine in favour of the greater, unleſs any evil may follow from the failure of the firſt attempt. In that caſe, having eſtimated its magnitude [72]and chance, or what is above called its expectation, that expectation will be alſo a legitimate deduction from the former balance of gain, if any had been found.

To give an example of this proceſs:—In a Society like our own, let the ſucceſs of an aſſigned alteration in the State be extremely probable; the advantage very great: let there be a ſmall chance that the progreſs of alteration will not ſtop at the acquiſition intended, but that it may go on until a ſtate of anarchy takes place; and let it be propoſed to determine, whether this alteration is to be attempted. Here we mull reaſon thus: Anarchy is the arbitrary power of all over each individual; or the tyranny of all but one over every one. It is an evil in Society, like annihilation to the individual, infinite; and the chance of coming into this ſtate being finite, though ſmall, the expectation thereof, or the quantity of evil to be ſet againſt the good, exceeds in magnitude any finite good which can be aſſigned*.

[73]But to return to the hiſtory which led to this train of general reflection. Theſe temperate men, who ſaw the neceſſity of a great amelioration of the ſyſtem of exiſting Government in 1640, in order to reſtore to the Legiſlative Eſtates the actual exerciſe of their legal functions, though they had perhaps the moſt efficient influence in impreſſing the firſt movement toward that end, found themſelves, from a concurrence of various cauſes, actually not able to ſtop it, when it was gotten even beyond that point at which they wiſhed things to become ſtationary. When the inclination of a plane exceeds a very ſmall degree, a heavy body, to which the ſlighteſt revolutionary movement is given, is urged along continually, as it moves, by an accelerating force, which ſoon becomes indefinitely greater than that which was applied at firſt to put it into motion; and nothing will ſtop it at the limit originally determined for its progreſs, but ſome firm obſtacle placed before-hand, at that point of the line of its direction. And, in any tolerable ſyſtem of Government, men ought to be abſolutely certain that they ſhall be able to ſtop at ſuch an aſſigned point, before any alteration be attempted. If mo e than a little be required to be done, the work ſhould be ſubdivided, and undertaken at intervals; the firſt ſtep in the progreſs may be ſo taken as to enſure ſome little facilities to the ſecond, but not to precipitate it. To uſe for a moment out preſent political neologiſm, the Parliament in 1640 accelerated that revolutionary movement which they ought to have reſtrained; the ferment of the people, which originally perhaps required tempering, was increaſed by every art. They greedily acquired a power too great for the weight to be removed; and they were not maſters of its effects. When a quantity of maſonry wants to be [74]picked out of the fabric of any Conſtitution, in order to have the place ſupplied with better materials, a battering ram is rather too potent an inſtrument to be uſed to effect the removal: it will ſhake the edifice, and may reduce it to a heap of formleſs ruin. The old materials muſt be removed with care, and the parts left unſupported muſt be carefully propped until the vacancy be filled up.

THE Members of the Commons who ſat at Oxford, and who voted under compulſion at Weſtminſter, may be looked upon, when contradiſtinguiſhed to the remainder, as one party in ſentiment, and as forming an undoubted majority of the original Aſſembly. Hence even if every one of them had voted freely in the places where they ſat and upon the ſame queſtion, that majority had loſt the poſſibility of expreſſing a legal will. But the Legiſlative Aſſembly in France, in the laſt period of its exiſtence, had been, by their own fanaticiſm, and the crimes it gave birth to, forced to work in chains to demoliſh that edifice, that glory of philoſophy! that pride of enlightened Europe! the firſt Conſtitution.

THE ruin brought upon Britain by the Leaders of theſe Aſſociations paying no regard to their limits, was almoſt extreme. The obſervations on the hazards this country has run from Offenſive Aſſociations, in other inſtances, have, in this Tract, always been followed by an inquiry, whether there was anything in the manners and character of the people, previous to thoſe ſeveral calamities, which had a more alarming appearance of danger than can be obſerved at preſent: and I ſhall cloſe this Section with an inquiry, whether, before the Civil Wars, from the circumſtances [75]of the times and the moral character of the people, any more threatening appearances might have been diſcerned, of a Revolution deſtroying the Conſtitution, and terminating almoſt in the deſpotiſm of Anarchy, than have been of late years and are at preſent, plainly ſeen among us.

IN both periods we ſee Revolutions deſtructive to the Conſtitution, attempted under the pretence of a reform, (the neceſſity of which exiſts not in one caſe, and had ceaſed in the other by exciting fanaticiſm, religious or political. We have ſeen either ſpecies, ſeparately, capable of producing the ſame effects upon the populace; that is, to bring all their ferocious paſſions into action: conſequently, if they be ſtimulated by a mixture of both, as was the caſe in the laſt Century, it cannot produce a greater effect than either of them ſimply; as, for inſtance, political fanaticiſm; as each, ſeparately, will occupy the active powers of the whole mind, and both together can do no more.

To conſider next the real or ſuppoſed grievances of the two periods.—Such grievances muſt be, either violations of right, or privations of gratification by State charges, or mixed. By the Agitators of the laſt Century, it was impreſſed on the minds of the populace, that many of their legal rights were violated: and, as it always happens in ſuch times, they equally believed what was truly and what was falſely alledged on this ſubject. Stronger repreſentations are now made, and a more extenſive circulation given them. The great majority of the populace are taught that they are, defrauded, not only of many of their legal rights [76]as ſubjects, but of a great maſs of their natural rights as men; and they give the ſame implicit belief to their demagogues now, as their anceſtors did in the laſt Century; and the great amount of the taxes at preſent, is as favourable a ſubject for inflammatory declamation, as the illegality of their impoſition was then.

LET us now enter into a compariſon of the qualifications of the Agitators of the two periods for their reſpective taſks. The operations of thoſe of the laſt age reſembled the attacks of an undiſciplined multitude, comparatively without order or concert. Their mode of action is now reduced into a ſcience; and they are cantoned over the whole country, the chiefs of a hoſtile State within a State, formed into the exacteſt diſcipline, under an active Directory, which knows how to diſtribute its force, and apply its operations to every point of attack and defence where they ſhall become neceſſary. They are an army actuated by a ſingle will and a ſingle intelligence, which has diſcovered a new and profound ſyſtem of tactics.

HAVING thus balanced their abilities for action, we may paſs to the review of the materials one of theſe Catilinarian bands of conſpirators had, and the other has now, to act upon. It will be ſaid, that ‘men have at this day before them the dreadful example of the infringement of the engagements of limitation, by which the Parliament of Charles bound themſelves and the people.’ But to this it will be replied, that there never was a time in which the crime that followed them, had ſo many and ſuch determined advocates, at leaſt in the lower claſſes of the demagogues, nor in which [77]they were heard by the multitude with ſuch partial attention. Nor, though we call this an enlightened age, are men enlightened by ſimply exchanging one ſet of principles for another; the mind is not enlightened with reſpect to any object, which it formerly conſidered excluſively in one point of view, if it now comes to ſurvey it excluſively in a ſecond.

BUT let it be admitted, that the populace may poſſeſs a more exerciſed keenneſs of mind on political points now, than in the middle of the laſt Century; unleſs it can be ſhown that their morals are not worſe, that they are not more addicted to rapine, that they have not leſs reverence for laws, as ſuch, or if the contrary of all this appears a melancholy truth, with what advantage can an increaſe of ſuch knowledge be pleaded, when the queſtion is, Can we put more faith in articles contained in their Covenants or Aſſociations at this juncture, than were due to the ſtipulations of their anceſtors?—which repeated experiments proved to be intitled to none. It is an acknowledged fact, with reſpect to every individual, that if as his reaſon grows more acute, his principles grow worſe, his fidelity will not be improved: his character will even become more dangerous, and that in a degree determined by the ſum of thoſe two changes: and the ſame muſt be true of a multitude compoſed of ſuch individuals.

IF ſome increaſe of their knowledge be to be admitted, the degeneracy of the morals of the populace is capable of fuller proof. Will any one contend that the annual number of convictions of criminals does not increaſe [78]with much greater celerity than our population? Are not criminal connections of the ſexes, the ſource of miſery and profligacy, more frequent among the lower orders*? But this queſtion may be reſted on the authority of Mr. Hume; certainly not a writer who had taken up the idea of a progreſſive degeneracy of the morals of mankind, as the generations ſucceed each other, and who was thence induced, by his ſyſtem, to make a fine declamation on the purity of a former age. The account he has given us of the national character of the Engliſh at the commencement of that ſanguinary period the Civil Wars, may be eſteemed a faithful portrait of what his extenſive reſearches ſhowed them to have been; aid it demonſtrates, that both the National Proteſtation, and the National Covenant which ſupplanted it, were, in that age, experiments greatly ſafer than a General Aſſociation of the People now is. ‘Never (ſays that Writer) was there a people leſs corrupted by vice and more actuated by principle than the Engliſh during that period; never were there individuals who poſſeſſed more capacity, more courage, more public ſpirit, more diſintereſted [79]zeal*!’ Can this be ſaid, or is this believed, of the character of the maſs of the people at this day? Are all theſe qualities admitted in all the leading Members of Oppoſition?

SECTION VIII. CONCLUSION. FURTHER REMARKS ON MR. FOX'S ASSOCIATION.

THE firſt part of this Tract begins with a compariſon of the nature of the Aſſociations of 1792, and the General Aſſociation of the People under Mr. Fox. There remained many particular obſervations to make on the latter; but the principles on which I intended to found ſome of them, are ſuch as will be received with greater authority when demonſtrated by induction from Hiſtory, than if they had been ſimply proved by abſtract reaſoning. [80]A further uſe alſo appeared to me to ariſe from this way of managing the ſubject: it has enabled me to point out the ſimilarity of the ſpirit of all commotions, excited by Offenſive Aſſociations againſt an exiſting Government, not deſpotic; and more particularly of thoſe where a Section of the Aſſociators originally ſets out with democratic principles, or takes them up in the courſe of their progreſs. In this manner of treating the remainder of the ſubject, there will he ſome recapitulations; but they will be given with as much brevity as it will permit.

THE Aſſociations of 1792 may be compared to a cluſter of about two thouſand Republics, independent, or at moſt ſlightly connected by the laxeſt principle of federaliſm: their object was Defenſive. From the hiſtory of ſuch Aſſociations in this country, it appears that they alone have been uſeful in the ſupport of the conſtitution of Government*.

[81]THE Aſſociation of Mr. Fox is in its object l Offenſive; and it has been ſeen that all ſuch of which a ſurvey has been taken above, have been attended with very fatal conſequences: and if the plan of this can be carried into execution completely or nearly ſo, it will become a machine capable of deſtroying any Government: the general body of the people being invited to become parties thereto, and generally ſo becoming, its force will be effectively the greateſt poſſible: to this it adds the ſtrongeſt degree of union, while it has a Directory at its head, the Whig Club, which is to be regarded as under the conduct of an effective Dictator*.

[82]Now let it be ſuppoſed that a man of great ambition, yet that ambition purified from all meanneſs, whole plain manners are conſummately attaching yet manly, as if his object were power over all men collectively, not individually, and poſſeſſing an eloquence maſculine, pure, and commanding, is ſet at the head of ſuch an omnipotent Aſſociation: admit him alſo to be a man of dextrous and profound ability, fertile in expedients, rapid in the execution of his plans; and that the citadel of Government in his native country has a conſiderable ſtrength for reſiſtance, but is by no means an impregnable fortreſs; generally ſurrendering (but by capitulation) after a longer or a ſhorter ſiege: and that, in the checquered fortunes of his political life, he has twice made his way into it by ſomething like a coup de main; and that he has been ſaid, the laſt time, to have begun to ſtrengthen this fortreſs, as ſoon as he was poſſeſſed of it, with additional works, conſtructed on a new ſyſtem of fortification, ſo far improved as to bid defiance to any regular mode of attack yet diſcovered:—in dangerous times, if ſuch a man miſ-allied himſelf he muſt be highly dangerous.

THE qualities by which he has attained power have been indicated; and, mixing in his councils, when in place, ſomewhat too much of the qualities by which he obtained it, let him be ſuppoſed, each time, ſuddenly to have fallen; and now well paſt the meridian of life but again entertaining ſome fair hopes, by the aid of the band of friends whom he ſaw about him, eminent in ability, and with high national reſpect attached to their names, at laſt to obtain what had been the object of the labours of his youth and of his manhood to the verge of age: [83]to ſee this removed out of his reach by any common means, by the ſeceſſion of the great body of his party, with every name of higher ornament to it at their head, from the danger they ultimately diſcern in the courſe he has been of late years purſuing, as having been unduly qualified to the nature of a mixed Government; we might well dread, from the pall experience of his political enterprize, that if he openly put himſelf at the head of ſuch an Aſſociation as I have been deſcribing (thereby pointing out his deſpair of ſucceſs by every other reſource) that he might not be unwilling to reacquire poſſeſſion of his object by uncommon means.

AND if, at ſuch a time, there exiſt a Republican Faction in the State, or a Party that ſhould contend for a mixed Government, with a pageant of a King and a ſingle Elective Chamber (which, infallibly terminating in the former, is for the preſent to be regarded as the ſame thing*), and the moſt eminent man, as to ability, ranging under either of thoſe two titles of the ſame thing, having brought forward a Declaration of the motives to entering into ſuch a political compact, which motives muſt be conſiſtent with the principles he has publicly maintained; if the effective Head of the Directory, with the whole body, ſhould unanimouſly approve of that Declaration, the only viſible end of his conduct can be, to invite ſuch Party or Parties to a cloſe junction with him, by thus holding out to. them an idea, not obſcurely conveyed, of a certain degree of concurrence with them [84]in their ſyſtems; and the apprehenſion of it to the ſupporters of the preſent form of Government. Muſt not this man, by this junction, flinging himſelf at a greater diſtance from his former ſupporters, ſeem openly to renounce all ideas of reunion with them; the only regular means left to him to obtain that pre-eminence, which he cannot be imagined ever to have intermitted his purſuit of? And muſt he not appear, at the head of ſuch an Aſſociation, dangerous in the extreme?

I NOW take leave of this hypothetical perſonage and come to a real one. But I muſt here premiſe an abridged account of the original plan and object of the Jacobin Club from Dr. Moore; as it will be expedient to enter into a compariſon between theſe and a principle laid down in the Houſe of Commons in 1781.

IN 1789 a ſmall number of Deputies ſent from Brittany to the States General of France, aſſociated under the name of the Committee of that province. Being afterwards joined by ſome other members of that Aſſembly, and perſons attached to liberty, they aſſumed new titles, copying the ſtyle of ſome Engliſh Societies; taking firſt the name of The Revolution Club, and ultimately that of Friends of the Conſtitution. From the place of their aſſembling, they received from the Public the name of JACOBINS; under which they have ſince become ſo fatally diſtinguiſhed. In this Society, at firſt, there were many perſons celebrated for their talents and character. Clubs of the ſame nature were multiplied over all France, who regularly correſponded with them; and who, finding a central body ready formed, through which they might tranſmit their opinions and wiſhes to the National Aſſembly, they appointed [85]them their agents for this purpoſe; and as the Club had, at the beginning, aſſumed the functions of the Delegates of thoſe in whoſe behalf they held themſelves forth as acting, they were by other Provincial Clubs acknowledged in that capacity: and the irregularity of the aſſumption was thus to appearance done away. It is to be obſerved, that when this ſyſtem was completely organized, and their extra-conſtitutional functions thus confirmed, the Club differed from the Meeting of the Delegates of the County Aſſociations, who ſat in London in 1781, in one circumſtance only. The objects the latter were to treat on were ſpecified; conſequently their delegation would have terminated when theſe ends were obtained: thoſe of the former were unlimited, the continuance of their functions not being dependent on their obtaining any ſpecific object or objects.

"THE avowed buſineſs of the Society" (of Jacobins) ‘was to deliberate and debate on ſubjects of Government, and watch over the general intereſts of Liberty*.’ Now in a Government where everything depends in effect on the deciſions of the Repreſentative, this amounts to watching over its conduct without limitation of time, and to no more: and if the object of the [86]Delegates in 1781 had been ſo extenſive in that meeting, England would have exhibited the firſt example of a Jacobin Society.

BUT it is to the full; extent of that object that the principle goes, which is laid down in the following extract of a ſpeech attributed to Mr. Fox. It is to be found in the Hiſtory of our Parliamentary Tranſactions, printed in The New Annual Regiſter in 1781, the writer of which appears ſtrongly attached to his intereſts. ‘By what law or what act (that Stateſman is made to ſay) was it declared to be unconſtitutional for the people of this country to appoint Delegates to reſide in the metropolis, and to watch the conduct of their Repreſentatives *?’ Such interrogations carry the full force of affirmations.

IF thoſe who gave to the original Breton Committee its laſt Conſtitution, whereby it was transformed into a Jacobin Club, did not look for its avowed principle in the doctrine here laid down, yet, if they had, they muſt have found it. In defining the functions of that Club, the Legiſlators who gave to it its moſt finiſhed code, have almoſt copied the expreſſions here attributed to Mr. Fox; for if there be any difference between ‘watching over the general intereſts of liberty,’ and ‘watching over the conduct of our Repreſentatives,’ as the latter includes their whole conduct in all its branches, it ſeems the more comprehensive, if we do not take the words [87]preceding the firſt citation (as formerly quoted) in aid thereof: and it would be very difficult to ſhow the fatal Inſtitution of the Jacobins not to have been derived from the principle laid down in this Hiſtory.

IF the above declaration aſcribed to Mr. Fox contain his real preſent ſentiments, and we combine this with his putting himſelf at the head of an Aſſociation of the Republicans, real and virtual, the qualities of which will be neither mitigated or modified by ſome miſguided men of better principles and little foreſight joining in it, it is a ſtep big with danger to the exiſting Conſtitution.

BUT I have done with the ſubject in this point of view, and make no doubt that there are many, even among his old opponents, who regret that he did not join the illuſtrious body of his late political friends in their ſeceſſion from the remnant which continues to call itſelf The Whig Club; who think there is a part remaining for him to act at leaſt equal in dignity and ſplendor to any that he has yet acted in; whoſe wiſhes continue to be, that, forgetting ſome of thoſe extremes of opinion which made "him puſh his better Angel from his ſide," he would in part follow thoſe ſeceders: they would rejoice to ſee him (without that appearance of intire tranſition which, ſometimes rightly ſometimes wrongly, has deſtroyed the reputation of great rulers of Parties), for a time avowedly unconnected and alone, a Party by himſelf, aſſuming that function within, which can belong to no excluſive and organiſed body of men without the [88]walls of the Houſe; ‘to watch over the conduct of our Repreſentatives.’

LET us now examine the mode by which the object of this Aſſociation is to be obtained; thereby ‘the ſubſcribers pledge themſelves only to proſecute a ſole object by every legal and peaceable means.’ This implies the abſence of all force, apparent or latent, in the proſecution of it.

AND ſuppoſe, on this occaſion, the authors of this plan to be able to carry it into effect, or procure a General Aſſociation of the People, is not the union of the People irreſiſtible? As ſuch, Will it excite no apprehenſion in the Legiſlature? The terror of an irreſiſtible petitioner is not among the means to obtain a repeal of a law which are to be called peaceable. It is not the Legiſlation of the land, but the law of the ſtronger, the jus fortioris, which decides, in effect, upon the merits of ſuch a petition. But it is only what takes place by the will of the Legiſlature, acting in total freedom, which is either legally or peaceably obtained. The act of appeal to the jus fortioris, formally made, or ſufficiently indicated by preparation, though denied in words, ſets aſide the Law and Legiſlation of the Land; and what is obtained thereby never can be, according to that, legal; for the Law ſanctions nothing while it is in a ſtate of nonexiſtence.

WE know that a Society has the right of ſelf-preservation as well as an individual; and that there are caſes of extreme neceſſity, when the action of the whole people [89]may be called forth. But it is to be obſerved, that it never can be brought forward peaceably; it muſt operate by force or by terror: ſuch a meaſure is in effect reſiſtance at leaſt; it even amounts to compulſion, whether avowed as ſuch or not, which is ſomething more.

I TAKE it for granted the neceſſity muſt be as great and as obvious when the whole People are to he united againſt the three conſtituent parts of the Legiſlature, as when that union is directed only againſt one; againſt an act or acts of the King. Lords, and Commons, as againſt an act or acts of the King alone. The circumſtances under which the latter meaſure is conſtitutional have been laid down by Sir Joſeph Jekyl; ‘the very ſtandard of Whig principles of his age;’ and on the occaſion when they were to be defined with the utmoſt accuracy, in order that the maxims on which the great preſervers of the Conſtitution in 1688 acted, ſhould be left upon record to all poſterity. This he did at the Trial of Dr. Sacheverel, when, ſpeaking in the name of the Managers for the Commons, he defines two great conditions, under which reſiſtance to the Crown becomes juſtifiable. Theſe ſhall be compared with the preſent caſe:—1ſt. ‘We have inſiſted, that in no caſe can reſiſtance be lawful* but in caſe of extreme neceſſity, and where the Conſtitution cannot otherwiſe be preſerved:’ 2d. ‘And ſuch neceſſty ought to be plain and obvious to the ſenſe and [90]judgement of the whole Nation:’ and this every good ſubject who knows the hiſtory of the times, believes with him to have been "the caſe at the Revolution." The act of the whole Legiſlature ought not to be oppoſed by the union of the whole People upon ſlighter grounds. I would therefore aſk the promoters of this Aſſociation, How they can prove the extreme neceſſity that men ſhould continue liable to be tried and condemned for treaſon, on proceedings analogous to the principles ‘of an ex poſt facto law*?’ that the beacons which now more plainly point out legal danger to the factious ſhould be removed? and they ſhould be left, at their own extreme hazard and with ſome danger to the Public, to the chance of running upon a rock, not leſs fatal for being ſunk almoſt out of ſight? For the object of the Aſſociation is to reſtore them to this ſituation, out of which the two Bills have taken them.

BUT let it be granted, that the proof of the extreme neceſſity of this reſtoration is by them made out in full form; ſtill that neceſſity wants the ſecond eſſential property, for them to be intitled to act upon it: it is not, as it ‘ought to be, plain and obvious to the ſenſe and judgement of the whole Nation.’ It is certain that the great majority of that claſs, who by their ſituation are able to acquire, and who actually do poſſeſs, by far the greater portion of political and conſtitutional ſcience, the greater weight of the whole maſs of the political knowledge of the State, deny the exiſtence of the neceſſity; they even affirm the neceſſity of the exiſtence of the Acts thus oppoſed, as appears by their Addreſſes [91]to the Throne, and their Petitions to the late Parliament.

IN this relative unanimity of the whole Legiſlature in ſupport of the two Acts, ſupported itſelf by almoſt the bonorum omnium conſenſus, the conſent of all good Engliſhmen, notwithſtanding all the profeſſions that can be made of uſing none but legal and peaceable means to obtain the repeal of them, what confidence can the Aſſociations entertain of ſucceſs, except from power, or the apprehenſion of power? The very act of aſſociation adds no argument to the repeal; and I am certain the names of the Club which brought it forward, in its preſent ſtate does not add to that authority. The meaſure is a tacit menace to the Legiſlature, by no means a peaceable mode to carry through a petition; and, if not contrary to the letter of the Laws of England, contrary to the univerſal ſpirit of Law. Bacon, in his Hiſtorical Diſcourſes, ſays, that ‘when the written law maketh it treaſon to compaſs the deſtruction of the King's perſon, it leaveth it obvious to common; ſenſe that it is a higher degree of treaſon to compaſs the deſtruction of the Repreſentative* And by the ſame mode of argument it may be ſhown, that the coercion of the King by effective menace in the exerciſe of his Royal functions, being a high crime and miſdemeanor; the coercion of the Legiſlature, by ſimilar means, is of the ſame criminality; and ſurely ſuch a coercion of the Commons, according to the principles of theſe men, is a wound of the majeſty of the People, which reſides in them; and ‘all men do [92]agree (ſays Bacon) that treaſon is a wound of majeſty*.

THE Heads of ſuch an Aſſociation would not commit themſelves in ſuch a meaſure without ſtrong hopes of ſucceſs, againſt the almoſt unanimous oppoſition of the informed claſſes of Society at large, and the union of all the conſtituent parts of the Legiſlature. On what can they found that hope? They muſt expect aid from ſome other quarter; external aid, but which they can cauſe to operate in the very walls of both Houſes, to awe them and the ſupporters of the Bills into ſubmiſſion. The horizon at leaſt muſt be involved in darkneſs, the ſullen ſound of diſtant thunders muſt be heard from many quarters, it the ſpirit that raiſed the ſtorm do not roll its strength over their heads, and let all its rage deſcend upon them. If theſe leaders of the people do not employ actual tumults and commotions to force a reluctant Parliament into their meaſures, they muſt ſuffer them to be inforced by the fear of their near approach, or they are embarked in the moſt ridiculous of all undertakings, as it muſt he the moſt fatal to every future rational view of coming [...]nto power, which they may be ſuppoſed to entertain.

LET us grant now that the Heads of the Aſſociation are moſt ſtrictly determined to confine themſelves to the reſpectful conduct of real petitioners; that they will ſubmit to repulſe after repulſe without exceeding its bounds the certain fate of their application to Parliament [93]without the apprehenſion of latent or appare [...] force: I ſay their beſt intentions, realiſed in irreproachable conduct, will probably add very little to the protection of the State, from the extreme of danger hanging over it from this Aſſociation, if the project take place.

FOR their repeated efforts alone will generate a ferment in the minds of the populace; and can they anſwer that the lower claſſes of the aſſociators will not take up either their object or ſome other, re-involve the metropolis in the diſorders of: 1780, and expoſe the whole kingdom to them? In that year, when the multitude had ſeen the counties holding meetings to cenſure the internal adminiſtration of the kingdom; forming Committees of Correſpondence, ſending Delegates to ſit in Congreſs or Convention, in the metropolis: at that period, as it had been ſaid above, an individual of a doubtful deſcription, between an enthuſiaſt and a madman, availed himſelf of the agitated ſtate of their minds to direct them to an end with a new name; and they, mixing ferocity and the deſire of plunder, with certainly a very weak degree of religious fanaticiſm, had nearly effected the ruin of the capital. Yet at this inſtant there is a greater real ferment in the minds of the lower claſſes, than Lord George Gordon was able to excite; nor, if the Chiefs of the Aſſociation be now as averſe to lead then into ſimilar exceſſes as it is here ſuppoſed, will they want many really formidable enthuſiaſtic leaders to hurry them forward.

NOR can the ſeat of Government at this juncture, nor the kingdom in general, expect leſs miſery from ſuch a [94]commotion, if not inſtantly ſuppreſſed, than the afflicted territory of France has recently ſuffered. In an inſurrection of the Engliſh populace, political fanaticiſm and the eagerneſs of plunder will jointly ſtimulate them, even at firſt; but the devaſtations of France, for a long time, were cauſed by that fanaticiſm alone: the ſpirit of plunder was not mixed with it. Even ſo late as the time when he palace of the [...]uilleries was ſtormed, the very aſſa [...]ſins killed on the ſpot ſeveral men ‘who on that day attempted to ſteal the plate.’ ‘It muſt appear (ſays Dr. Moore) in a peculiar manner ſtrange to perſons accuſtomed to live in a country where there are frequent robberies and burglaries, in ſpite of the Government being undiſturbed and the Laws in full force, to find none, where all the hinges and ſupports of Law and Government are looſe and ſhaking from a recent convulſion*.’ And great as the ſufferings of that kingdom are and have been, if a ſimilar inſurrection were to take place here, the diſpoſition of the populace to robbery and plunder being added to the fanaticiſm of liberty already highly excited in them, greater would our calamities he. This concluſion is, fully confirmed by an authority which will be very unexpected to many, that of Mr. Barlow, in his Advice to the Privileged Orders; who informs us, that ‘the Mobs in France were by no means to be compared with Engliſh Mobs in point of indiſcriminate ferocity and private plunder.’

UNITE the populace by an Aſſociation, exhibit to them an object to acquire, and, if there be the leaſt delay [95]in its acquiſition, they will ruſh forward upon the ſcene of action. Little is the diſtance with them, between the point of time when they ſhall be thus combined and stimulated, and when they break forth in outrage; for ſooner than ſtand ſtill, they will make rapid vibrations in the moſt contrary directions; moving with impetuoſity toward one point, and returning with the ſame impetuoſity to that from which they ſat out. In the ſhorteſt ſpace of time before James fled to Feverſham, the ſovereign populace of London had, without doubt, pronounced his decheance: but although by that flight he had attempted to annihilate civil government in this country, upon his return, he was received by them with every mark of, the moſt zealous affection. ‘This great turn in the minds of the city* continued during his reſidence at Rocheſter, or until the 23d of December. Having proceeded to the extreme in that direction of movement, and unable to continue ſtationary, we have ſeen, that ſo early as the 4th of the month of February, they announced a ſecond change of their will by an inſurrection, to compel the Convention to declare his throne vacant.

HENCE it may be reaſonably predicted, that if the projectors of this Aſſociation be able to embody the populace nominally under them, the latter will not wait for orders to come into action. The deſire to copy the example of the populace of France prevails among many; and by their being drawn more together by this dangerous meaſure, it will be more generally diffuſed. And Hiſtory informs us, that the ſpirit of inſurrection has moſtly migrated from France to England. The religious Aſſociation or League under the Guiſes, was the precedent of [96]the Preſbyterian Solemn League and Covenant; and the Aſſociation of the Jacquerie, on the principle of the equal Rights of Men, was copied in England by Wat Tyler and his aſſociates. The eruption of both theſe evils was kept back here for a conſiderable period; and if either of theſe events excited any alarm in England when they firſt took place, the paſſing of five or ſix, or even ten or twelve years, without their producing any effect, was no proof that ſuch alarm was not founded on real danger; and it will be happy for this country, this generation, and poſterity, if the ſyſtem of the Jacobins, (the way of which ſeems now preparing by Aſſociations tendered to the populace) be kept permanently at a diſtance from us.

BUT let us paſs from this inveſtigation of the probability of the peaceable legality of the intended good conduct of this Aſſociation; which, if it be not meant to overawe Parliament, is a great movement without a motive, and a prodigal waſte of the laſt chance of the man who guides it, of ſtanding again at the head of a great and regular Party; let us paſs from this to the declaration of the limitation of its object, and conſider the ſecurity ariſing from the engagement, that the Aſſociation will confine its operations to the ſingle object announced. This ſecurity muſt be determined, from the deſcription of the parties to the contract, and the matter thereof conjointly.

THE whole Party of the avowed Republicans will be included among the ſubſcribers; all of them the defenders, and almoſt all of them the admirers of the violators and violation of the ſolemn engagement to the ſupport of Monarchy, taken by the French Aſſembly in July [97]1792, and broken the 10th of the following Auguſt. What they defend, and what they admire, they will not be very backward in copying. Together with theſe, the party will conſiſt of men of ſome other deſcriptions: of thoſe nominally profeſſing to wiſh for a King, and a ſingle Aſſembly of Repreſentatives, in order to introduce a Republic by ſtealth, and thoſe who wiſh for ſuch a ſyſtem in reality; the latter of which coming to act in a cloſer union with the two former ſections of the Aſſociation, will be eaſily won over to their party; for the moſt decided opinions have always the loudeſt advocates: and, indeed, we can hardly diſcover on what ground they can hold out againſt the arguments with which theſe allies of theirs will be able to aſſail them; on the folly of a ſyſtem whoſe only conſequence muſt apparently be, to prolong, during a ſad and bloody interval, the laſt convulſions and dying ſtruggle of Monarchy. The remainder of the Aſſociation will be compoſed of thoſe who wiſh for what they call a Reform of the Commons, or ſome other Reform, and at every hazard of the State; for the more temperate advocates of theſe meaſures will not join the Aſſociation. Thoſe who were content with our ſyſtem of laws before the paſſing of the two Acts, who will join in this compact, will be very few indeed: almoſt the whole of them having concurred in declaring their opinion, that the temporary regulations introduced by theſe laws, is at this time neceſſary for the preſervation of the Conſtitution of Government. Hence it follows, that the obtaining the repeal of them, will ſatisfy the wiſhes of this laſt diviſion of the Aſſociators only, a very ſmall minority of the whole body: and every one muſt concur in admitting, that the probability that they will ſtop, when they have obtained thoſe [98]points which they have fixed as the limits of their claim, is much diminiſhed, as the wiſhes of the great majority, and their principles, extend indefinitely further.

I COME now to ſpeak of the matter or nature of this engagement, and ſhall ſhow it in one caſe to be totally uſeleſs, and in all others totally nugatory, as impoſing no obligation on the greater part of the ſubſcribers, according to their political principles.

FOR, in the firſt place, if the Aſſociation do not become general, or at leaſt obtain ſtrength enough to overawe Parliament, the promiſe will be uſeleſs: the ſecurity of the State from all the effects of their proceeding beyond their aſſigned limits, being as firm in their ſimple want of power, as in their want of power and their reſpective obligation (the promiſe not to make the attempt) conjointly.

FURTHER, if it do not become uſeleſs, as above, it will then be nugatory: for the ſovereign power, as the ſupporters of this Aſſociation hold, reſides in the people, whenever they chuſe to act; and conſequently the legiſlative power, which is a branch thereof. The people may, if they pleaſe, make, and conſequently repeal laws: may they not, therefore, when aſſociated, repeal that clauſe of the compact, limiting to one object the exertion of their univerſal and illimitable ſovereignty? for if they can repeal a law made to bind themſelves, they can annul an article of any obligation, if not founded in moral right.

[99]AND to whom do the ſubſcribers give this obligation? To the people: and the party to whom it is given is in full power to remit it When, therefore, the ſubſcription becomes general, the ſubſcribers will be the people, and it will be an obligation entered into by the people individually, to the people collectively: a compact entered into by themſelves to themſelves, which is abſolutely nugatory.

AND if any collection of perſons, ſigning ſuch engagement, ſhall call themſelves the People, although their numbers be not ſuch as to entitle them to aſſume that name, by their aſſumption they claim as their own right all the rights of the people; in which is included, according to their principles, the right of declaring the limitation of action, to which they have, or ſhall pledge themſelves, to be void.

THERE are other grounds to ſhow that ſuch a promiſe can be of no validity, or not be the foundation of any obligation on the givers of it. When two parties exiſt in a State, the validity of their promiſes ſtands much upon the ſame ground as thoſe given by independent nations to each other. The authors who have treated on the reciprocal rights of nations, have deſcribed thoſe promiſes from which no obligation ariſes; and in defining them, I follow Grotius ‘To give validity to a promiſe, the ſubject-matter muſt be ſuch, that the perſon giving it has a full right to perform it; wherefore the promiſe to do an illicit act is not valid, becauſe no one has, or can acquire, a right to perform it*.’ And by parity of reaſon, a promiſe to omit an act of moral [100]obligation ſo given, is void and null in itſelf. Now I ſay, to remove any great grievance, under which we ſtrongly believe our country to ſuffer, when it is in our power, is an act of moral obligation. The parties to the Aſſociation are known to declare, that this country labours under many removeable grievances, beſide the two Acts for the repeal of which they combine: hence their promiſe to ſtop at that repeal, if it be in their power to proceed any farther, is an engagement not to perform an act of moral obligation, and therefore null and void.

BUT let it now be admitted, for a moment, that in their ſpecification of limits, beyond which they would not go, they have contracted an obligation to their opponents, or to the State. The melancholy experience of our Civil Wars in the laſt age, points out to us what little reliance can be placed on all ſuch aſſurances. From the manners of the nation in that period, it has been ſhewn, that the utmoſt fidelity might have been expected in the performance of all their engagements: from its prevalent and general character of piety, men might with confidence have believed, that the national Proteſtation, conſecrated as it were by one of the moſt ſolemn forms of religion, would be ſacredly and inviolably adhered to. Religion was conſidered by them as a more immutable thing than a form of government is by us. There was no viſible party among them who conceived that its obligation was founded on the aſſent of the nation; that it might be believed experimentally for a month, or a quarter, or a year, and then be aboliſhed by ordinance of the two Houſes, and another enacted in its ſtead, by their own authority, or on the requiſition of the ſovereign people. They held, when [101]they took the Proteſtation, that no power could abſolve them from it, except that in whoſe preſence they profeſſed to have made it. And when we ſee by the event, that even in ſuch times no effectual confidence could be placed in that ſolemn declaration, what reliance can we afford to the promiſes contained in the inſtrument now brought forward? eſpecially if we take into the account, that if it be generally ſigned, the parties thereto will, according to their own ideas, be, of right, able to abſolve themſelves from the obligation thereof. I do not tax the body of the promoters of this Aſſociation with intending to impoſe upon their countrymen with falſe coin; but when they ſhall ultimately come to diſcover, that according to their principles they have obliged themſelves to nothing in the limits they have laid down, I ſhall not ſanguinely expect that their performances will extend a whit beyond their obligation. Thoſe of our anceſtors in more moral times, and on a ſimilar occaſion, fell far ſhort of theirs.

A FEW remarks muſt be added on the conduct of the populace when excited into action, and its conſequences. When embodied, they are always found to be actuated by the moſt extravagant opinions afloat: thoſe which moſt flatter their deceitful hopes, their envy of their ſuperiors, and their ferocity and ſpirit of depredation; and that day, when the populace, calling itſelf the People, ſhall carry its firſt great point againſt a reluctant majority, influenced by the apprehenſion of tumults out of doors, will be effectively the laſt day of the power of the three conſtituent parts of Parliament; for they are brought forward, by expectations diffuſed generally among them, of a change of their ſituation in life for the better, [102]of a multiplication of the objects of common uſe and enjoyment, and a diminution of the number of the privations their ſtate condemns them to: their firſt victory will make no difference in their ſituation; diſappointment will inflame them more, and they will be caught to form new expectations from the effect of going further; and thus they will be rendered eager for a ſecond interpoſition of their ſtrength, which will be doubled by an appearance of ſucceſs, although it has been to them fruitleſs. But their Leaders in this country, it will be ſaid, will have a limited object in view and will know how to ſtop them. The fallacy of relying upon this, which is matter of univerſal experience has been recently confirmed. In France, there were ſome great and well-meaning men among thoſe who put the whole body of the people into motion. When they thought they had gone far enough, they choſe to ſtop. A ſet of ſubaltern Leaders, at that juncture, urged the populace on further, whoſe irreſiſtible weight and impulſe bore them down, and they were trampled to death under their feet. Their new conductors, when they had carried them the lengths they deſired, that is, when they thought themſelves ſecurely placed at their head, wiſhed likewiſe in their turn that they ſhould come to a halt. They tried to effect it, and ſhared the ſame fate as their predeceſſors. The multitude were ſtill excited to continue their march by Leaders of a viler claſs. The place they were gotten to, it was truly argued, was little better than a rocky or ſandy deſ [...]rt; and they were aſſured, that a ſingle day's journey more would lead them to the promiſed land of perfect freedom and abundance, where their whole future lives would be ſpent in feaſting and revelry. Their migration [103]under theſe laſt Leaders, brought them into the land of famine and bloody ferocious anarchy.

IT will become, at this time, the original inſtitutors of all ſuch Aſſociations as have no remote tendency to promote popular inſurrections, to reflect, that when the lower claſs of people begin to act in matters of Government, there is no ability, no vigour, which can reſtrain them within the limits of their original plan. To carry ſome points, Cromwell brought the Levelling Agitators into action: when they had ſerved his purpoſe, he wanted to reduce them into their former inefficiency. They reſiſted: by one of the greateſt exertions of perſonal and political courage, of which Hiſtory furniſhes an example, he obtained the deluſive appearance of a triumph over them; but the realities of the victory all remained to the ſpirit of agitating. Even Cromwell himſelf gave way: he was compelled to relinquiſh his former plans of perſonal greatneſs, and ſeek for new ones, in the act of yielding to that impulſe, he could not reſiſt*. There may be men in this Aſſociation whoſe political dexterity and vigour deſerve to be thought highly of; but I do not think that man lives, whoſe arm is ſo well ſinewed that he can ſhape his way againſt a torrent which Cromwell could only breaſt for a ſhort time, and then was hurried away by its rapidity. For, to me, in this part of his life, he ſeems like one of the mightieſt of men, ſtruggling for a few minutes againſt the ſtream in ſome branch of the Indus, when the periodical rains have augmented its force to the utmoſt, and then compelled almoſt to reſign himſelf entirely to it, and to make his way obliquely, with incredible effort, to an iſland of jungle in the middle of [104]the channel, the thickets of which are filled with tigers and ſerpents, its only inhabitants; where he is incloſed from all eſcape to the ſafe ſhore he has left, which lies in full proſpect before him, while deaths without reſiſtance, the moſt terrible to nature, and which alone could be the object of terror to him, preſs on him, or watch in ambuſh around him on every other ſide.

AS accurately as the object of the Aſſociation is, in words, limited, if we ſuppoſe a majority of the Leaders of name faithfully to intend to diſembody it as ſoon as its ſole avowed end is obtained, ſhall we believe the ſame of all of them? For it has been ſhewn, upon the principles ſome receive as the foundation of Civil Government, that the promiſe this inſtrument holds out is a nullity; but if it were otherwiſe, and were that engagement in its nature binding; and all the oſtenſible Heads of the Aſſociation ſhould be determinately faithful to it, they are not the men who are the direct and proximate Leaders of the populace: it is a certain ſet of intermediate agents who act in that capacity, who directly hold this terrible power in their hands; and the greater Leaders muſt, like Cromwell, give way to their intermediate inſtruments, to thoſe who can inflame the Multitude into madneſs. They muſt become the inſtruments of their inſtruments in new crimes they may deteſt, or fall the ſecond ſet of victims to irreſiſtible ignorance, inflamed into immitigable ferocity.

I SHALL add here a little, and but at little, on the mode of reaſoning generally purſued in this Tract. There are men who object to a conſtant reference to the tragedies [105]now acting, and acted in France, during the laſt ſeven years; of which ſome direct mention, and to which more alluſion has been made, in the preceding Tract. ‘We are not,’ they tell us, ‘to point out the pretences and means by which that, and, by parity of reaſon, any other nation has been enſnared into all the miſeries of Anarchy, in order to keep alive a jealous circumſpection with reſpect to every meaſure which may introduce it into this kingdom.’ Hence the argument from hiſtorical induction chiefly uſed here, which impreſſes the principles of experience, and thoſe only, upon the mind, with the very deciſion and warmth of feeling with which Nature meant them to be embraced, is proſcribed by thoſe who lean to the doctrines of the Republican School. They will have men addreſſed as beings formed of pure and impaſſive intellect only: or, if they graciouſly permit us to continue to ſee, they prohibit to us the exerciſe of the faculty of feeling.

YET they might as well bid us blot out, from the records of univerſal hiſtory, the errors or crimes which have led ſo many and great nations into ruin; ſay that it is uſeleſs to make any obſervations on the cauſes which brought it on, or the miſeries by which it was followed. Muſt we extract no uſeful leſſons for our own nation from the great regiſter of the experience of all ages? It is not in nature, and therefore I am ſure it is not in wiſdom, to turn away our eyes from the ſeries of French revolutions, ſo recent, and almoſt unprecedented in the ſum of their calamities; while we are in the very neighbourhood of the contagion, when ſuch multitudes are deſirous of introducing it among us. Who that had juſt ſeen a noble veſſel ſtriking upon [106]a ſand bank near our very coaſt, which had not been before diſcovered, and totally wrecked, would ſay that a buoy, or a floating light, ſhould not, if poſſible, be immediately moored upon it? and if the poſition of the whole of the ſand were not accurately known, that we ought not to keep the ſounding line in our hand, when we have the leaſt ſuſpicion that our veſſel may be getting upon it?

WHEN Mr. Burke foreſaw ſo many of its enſuing calamities in the firſt movements of the French Revolution, his probable train of reaſon from cauſe to effect was derided. Dr. Prieſtley fairly told him, ‘he would not call in queſtion his gift of prophecy; his peculiar talent to ſee all events, paſt, preſent, and to come, in their moſt concealed cauſes.’ Experience has nevertheleſs proved the error of thoſe who diſbelieved and thoſe who doubted theſe predictions; however, we might have been able, with ſafety to ourſelves, to continue to doubt whoſe opinions were the beſt founded, until the event ſhew it clearly. Our exiſtence as a nation under an orderly government, might not have been hazarded even by diſbelief; but that theſe evils were in reality then impending over France, the followers of Dr. Prieſtley now admit: yet from the continuance of the ſame propenſions, they will diſpute the probability of the concluſions here drawn from hiſtorical induction, that a General Aſſociation of the People is a meaſure threatening this kingdom with great danger. I conclude with obſerving, that this is a caſe in which we cannot with equal ſafety poſtpone coming to a decided opinion, until a ſecond and equal ſeries of calamities to thoſe we have been recently witneſſes to ſhall convict them of a ſecond error.

Appendix A APPENDIX.
[107]APPENDIX.

[]

Appendix A.1 No. I. STRICTURES ON THE STATUTE OF TREASON ENACTED IN THE 25TH OF EDW. III.

THE Law of Treaſon, as it ſtands by 25. Edw. 3. c. 2. has been by many conſidered as a maſter-piece of juriſprudence, to which nothing is left to be added by ſucceeding Legiſlators, without undermining the national liberties. This opinion it now becomes of conſequence to a very active party to defend with its utmoſt ſtrength. In the preceding pages that ſtatute has been ſpoken of in terms very different, of the reaſon of which ſome account certainly ought to be given. Its defects ſhall therefore here be ſhewn, which are ſuch, that in vices of its formation and matter it is abſolutely an unique in our law books.

IT recites ſeven caſes or acts of treaſon, three of which directly attack the King's perſon and dignity; and when a culprit is indicted on any one of them, the Judges are impowered to proceed to try him for that crime.

THIS is abſtracted from Blackſtone, who is not ſparing in his panegyric upon this ſtatute: he ſays further: ‘But the Act does not ſtop here, but goes on:’

‘BECAUSE other like caſes of treaſon may happen in time to come, which cannot be thought of or declared at preſent, it is accorded, that if any other caſe ſuppoſed to be treaſon, which is not above ſpecified, doth happen before any Judge, the Judge ſhall tarry without going to judgment of the treaſon, till the cauſe be ſhewed and declared before the King and his Parliament, whether it ought to be judged treaſon or other felony*.’

Although the meaning of this clauſe or ſalvo † is obvious, I ſhall premiſe the comment of Nathaniel Bacon upon it to the ſtrictures I have to make thereon: ‘Other treaſons are left to the determination of the Parliament, as occaſion ſhould offer itſelf; whereof divers examples, of a new ſtamp, occurred [108]within forty years next enſuing, which were of a temporary regard, and lived and died with the times*.’ Thoſe caſes which occaſion offers muſt be ſo ſubmitted after the act or occaſion occurs. This clauſe has been marked with great ſuſpicion by a writer of much penetration. Parliament had proceeded upon it, in condemning Sir Thomas Talbot for treaſon, for an attempt on the lives of the Dukes of Lancaſter and Glouceſter, in the reign of Richard the Second. He imagined ‘this moſt advantageous law for the ſubject that ever was enacted’ to have been violated in this caſe, as ‘it is not to be ſuppoſed that men were to be judged by a law ex poſt facto. At leaſt if ſuch be the meaning of the clauſe it may be affirmed, that men were at that time very ignorant of the firſt principles of law and juſtice.’ That ſuch is the meaning of the clauſe is evident on the mere reading; that it is not a new ſenſe of it is evident from Bacon's comment. No legal authority ſtands higher with the party who attack the two late Acts.

I PROCEED to ſhew; firſt, That the Act, with this clauſe tacked to it, violates ſeveral of the great fundamental principles [109]of Legiſlation; and in the ſecond place, that without it, even in the judgement of the authors of it, it was inadequate to the prevention of treaſon.

FIRST, It violates the great fundamental principles of Legiſlation. Titius has committed a crime; the Act leaves it ‘to the determination of Parliament,’ whether that crime be treaſon or not: the treaſonable nature of the act of Titius was therefore indeterminate before it was committed; it was not determined to be ſuch by law before the "occaſion offered itſelf." Now I ſay, upon the conjoint authority of Blackſtone and Monteſquieu, ‘that if the crime of high treaſon be indeterminate, this alone is ſufficient to make any Government degenerate into arbitrary power*.’

THE deciſions of the Legiſlature on the ſalvo, in the caſe of Titius, may be in two forms: Firſt, That the act of Titius ſhall be judged treaſon in him, and in all future caſes; and, ſecondly, that it ſhall be ſo judged, but the judgment ſhall not be drawn into precedent. In proceedings of parliament upon this Act we find examples of both: the former is upon the principles of the Imperial reſcripts and papal decretals; the latter on that of the privilegia noticed in the times of the Roman Commonwealth.

OF a deciſion of the firſt kind, or a crime made treaſon by reſcript, we have an inſtance in the caſe of one Rouſe, in 1531, ‘who had poiſoned a great pot of porridge in the Biſhop of Rocheſter's kitchen.’ Poiſoning was then by a ſtatute made treaſon, and Rouſe ſuffered upon it. This Act, ſays Burnet, ‘was founded on the power reſerved in the 25th of Edward the Third to Parliaments to declare in time coming what crimes were treaſon.’ We ſee this declaratory law operated retroſpectively. It is evident, that this mode of proceeding is by a law made de poſt facto.

THIS mode of proceeding was, in eſſence, the ſame as the Imperial reſcript, and of the worſt ſpecies. A reſcript Blackſtone thus deſcribes: ‘When any doubt aroſe upon the conſtruction of the Roman laws, the uſage was to ſtate the caſe to the Emperor in writing, and take his opinion upon it.—The anſwers of the Emperor were called his reſcripts.’ Monteſquieu, whom Blackſtone here copies, adds, that ‘the Papal decretals were, properly ſpeaking, reſcripts: one ſees that it is a bad ſort of Legiſlation.’ The title of the chapter here quoted is, "A bad Mode of giving Laws;" and the reſcript is the ſole inſtance he produces. Some of the better Sovereigns of the Empire thought this power too great to be exerciſed in a ſimple Monarchy. Trajan often refuſed to iſſue reſcripts; and Macrinus had reſolved to aboliſh the whole collection of them. [110]And, indeed, this law is the only inſtance in which the Legiſlature has ſhewn any diſpoſition to copy the Imperial or Papal tyranny.

SECONDLY, But in the year 1388, which being very near the time in which the great ſtatute of treaſon was made, we may expect to find in the proceedings on it a greater conformity to the meaning of the original Legiſlators, we find it applied in a manner ſtill more adverſe to the nature of law. The Lord Beauchamp of Holt, Sir James Berners, and John Saliſbury, were, by virtue of the clauſe here cenſured, tried and condemned for high treaſon: and the Parliament concluded their proceſs by a declaration, that none of the articles decided on theſe trials to be treaſon ſhould ever afterwards be drawn into precedent by the Judges*; that is, theſe acts were treaſon in the individuals, but in no other perſons. There was nothing, however, in this proceeding which was contrary to the letter of the ſtatute.

THE limits an article of an Appendix impoſe upon me will not permit me to ſtate an objection which might be, with very little propriety, urged here: objections little in real weight may require long anſwers: men to whom it may occur will ſee it is to be ſolved by the following principle: There are two bad ſtates into which a mixed and good Government may degenerate, deſpotiſm and anarchy. When circumſtances give us the power of guarding againſt either, and the neceſſity of uſing it be extreme, we are to uſe it. What is to be done, on ‘ſuch never-to-be-expected occaſions,’ is to be ſought for only in that code of moral law which is written in the boſom of the upright friend of his country. As they cannot be foreſeen, the laws of the land cannot provide againſt them; they cannot ordain when their letter may be diſobeyed; or when, for the ſafety of the State, meaſures muſt be taken againſt individuals in caſes alike unforeſeen, and therefore alike unprovided for. In each, by an invincible neceſſity, the neceſſity of its nature, law muſt be ſilent. This is ſimply a maxim of the great men who effected the Revolution, with its converſe added.

EVERY ſtatute which has been ſucceſſively convenient for an Oppoſition to ground thoſe arguments upon which they expect will operate with the moſt force on the populace, has ſucceſſively enjoyed, for its term, the honour of being called the Palladium of Britiſh Liberty; and the pretenſions of none were ever more ſtrongly inſiſted upon than the ſtatute under conſideration, at the preſent juncture. But if we look at the concluſion of it, we may pronounce him to be a very "feeble amateur" indeed, and with no knowledge of the coſtume, who pretends that this is rightly named the Palladium. The inſignia point out the error very clearly; the ſword ſhe holds in her hand is the very ſword of [111]tyranny, hidden almoſt "from hilt to point" with Imperial reſcripts and Papal decretals: one might as ſoon call a ſtatue with a dagger in one hand and a cup of poiſon in the other by the name of Hope.

TYRANNY in the principle of a law ſometimes begets abſolute relaxation in the adminiſtration of it; its effects in other inſtances may not go quite ſo far: the adminiſtration of it may only become mild. And this appears to have been the caſe with reſpect to the ſtatute of treaſon in England: and by an error into which men very eaſily fall, the ſpirit with which the law was adminiſtered has been miſtaken for the ſpirit of the law itſelf. This has been the caſe with the law under conſideration.

But it is urged, that ‘it is an infringement to the liberties of the ſubject to increaſe this catalogue of treaſons: and when any additions have been made to the ſtatute of Edward the Third, in former ages, the experience of our forefathers has taught them the neceſſity of taking them away, and reſtoring its former ſimplicity to the law on this head’ There are reaſons why more and more ſevere and unjuſt laws may be expected to be found in every State under this title than under any other: but that is not the general character of the laws of treaſon which have been made in this country ſince the Revolution. Will any perſon contend, that the four Acts which placed the Princes of the Houſe of Hanover upon the Throne, and ſecured them there, were not abſolutely neceſſary to be made, in aid of the ſtatute of Edward, for the preſervation of their liberties? Their deſtruction is menaced now by a different ſet of enemies, deſcribed neither by theſe laws nor that of Edward; and further proviſions againſt them are neceſſary.

II. THE authors of the ſtatute itſelf declare, that it is inadequate to the prevention or puniſhment of many acts of treaſon which may be equal in criminality to thoſe it defines. They admit, that "other like caſes of treaſon may happen in time to come," and their inability to think of or declare them; but they promiſe to provide for them as they ſhall ariſe, one after another, by a ſeries of ex peſt facto laws or judgments.

BEFORE this Act paſſed, the number of treaſons by the common law was greatly multiplied. In ſeven caſes it continues the cognizance of that crime to the ordinary courts, as before, and eſtabliſhes a new mode of proceeding upon all others, but ſubverſive of the very fundamental principles of Legiſlation ordinarily obſerved in the milder ſimple Monarchies. That great and excellent Lawyer, Sir Matthew Hale, ſaw clearly (what the Act itſelf admits) that the enumeration of treaſons contained in it was not ſo complete as to preclude the neceſſity of additions to it in future: and he lays down the conſtitutional mode of providing for theſe omitted caſes, as they ſhall ariſe, in the following terms: ‘That as the authoritative [112]deciſion of the caſus omiſſi is reſerved to the king and Parliament, the moſt regular way to do it is by a declarative Act*.’ The authors of the two Bills have, therefore, followed the authority of Sir Matthew Hale, and the precedents of thoſe great men who ſeated the Houſe of Hanover on the Throne. In what ſenſe ſuch an Act is to be declaratory muſt be explained. It is not to be underſtood as declarative of the meaning of the clauſes of the 25th of Edward the Third defining certain treaſons, but of the law with reſpect to the caſus omiſſus, the object of the new Act; ſuppoſed to have been left, as ſhown above, treaſon at the common law, but under particular circumſtances, as triable only in Parliament. The mode of ſpeaking Sir Matthew Hale here makes uſe of is founded on that legal fiction, that the common law is a code abſolutely perfect; therefore ‘it expounds the ſeveral ſpecies of temporal offences perfectly; ‘as always intending to conform to the perfection of reaſon.’ Hence it muſt always intend to be co-extenſive to the neceſſities of prevention or puniſhment in all poſſible caſes of treaſon. But in caſes of which no legal record can be found, it is of abſolute neceſſity, that the Executive Power ſhould not have the dangerous authority of declaring what that perfect code ſays; the Legiſlature is alone competent to do it by a declaratory Act. Hence Hale calls ſuch an Act declaratory.

THUS the poſſible neceſſity of additions to the ſtatute of Edward is proved by the expreſs admiſſion of the ſtatute itſelf; the expedience of making them, by the Acts on the Hanoverian Succeſſion, which preſerved the Conſtitution; and that ‘the moſt regular way’ has in this inſtance been purſued, we have the teſtimony of Lord Chief Juſtice Hale, ‘the moſt brilliant example to his own age and to poſterity—of exact juſtice and profound juriſprudence.’

AFTER an act is committed, to determine whether it falls under an aſſigned title in the criminal laws belongs to the Executive Power: but when Parliament aſſumes this function, as directed by the ſtatute of Edward, there is a union of the Legiſlative and Executive Powers in the ſame hands; which conſtitutes, and is the very definition of arbitrary power, however veſted. We are not to define what the imperative voice of extreme neceſſity, that of the ſupreme law, the ſalus populi, may ſometimes demand: the utmoſt efforts of human wiſdom cannot annihilate this neceſſity perpetually; the beſt municipal laws diminiſh it the moſt. To leave exceſſes to be ſuppreſſed by the former law, when it can be effected by the latter, is to leave the fate of Society, in a certain degree, to depend on the conflict of anarchy and arbitrary power; and to define one more of the crimes leading to that neceſſity (the [113]object of each of theſe Bills), and provide againſt it by an expreſs law, is a triumph of legal government over both.

WHEN danger threatens the citadel of the Conſtitution from a new quarter, new works muſt be caſt up to defend it, and their conſtruction muſt vary with the mode of attack. However, the defence of the two Bills is not confined to that ground; the defences, on the quarter on which the aſſailants make their approach, were maſked: the embraſures are now opened, and they ſee their danger fairly before the attack. Purſuant alſo to the humaner laws of war, the former charges of the guns, ruſty nails, broken glaſs, and old iron, are drawn, and they are fairly ſhotted.

On this occaſion, I muſt retract what I have ſaid in defence of a cenſure paſſed by Mr. Reeves on ſome modern reformers, whom he ſuppoſed to conſider a good Conſtitution in theory as of more conſequence than a good Conſtitution in practice, or effective liberty. It certainly ought to be mitigated, now we ſee that they are willing and deſirous of making an unreſerved ſacrifice of what the theory of the Conſtitution has acquired, by the two laws, to obtain a little practical anarchy.

Appendix A.2 No. II. ON THE CHARACTER OF THE AGE OF EDWARD THE THIRD.

WHEN we draw together the ſcattered notices which our hiſtorians have given us of the progreſs this nation had made in general knowledge in the age of Edward the Third, we ſeem to be ſurveying a ſketch of the ideas and tranſactions of an enlightened period immediately preceding our own; and if they had ſo arranged their materials, this concluſion muſt have preſented itſelf to them, and they would certainly have been able, by their reſearches, to have collected many more inſtances of a like character, to eſtabliſh this obſervation, than can be here brought forward.

THE politics of England, with reſpect to foreign countries, were then the ſame as thoſe ſyſtematically embraced at and ſince the Revolution, a triple alliance of England, Germany, and the Low Countries, againſt France.

THE religious principles of that period (as Hume himſelf admits) had very nearly anticipated thoſo of the Reformation. Wickliffe preached its doctrines, and the laity were deſirous of flinging off the Papal obedience. Edward availed himſelf of this [114]revolution of opinions as far as it ſuited his purpoſe, and no further. He referred the Pope's claim of tribute to the Parliament, who ſupported him in withholding it, on the ground that the act of John, being without the national conſent, could not change the tenure by which he held the Crown. The ſtatute againſt proviſors was paſſed in this reign; and all appeals to Rome were prohibited.

IF the Houſe of Commons had not attained its preſent weight in the Conſtitution, its privileges were extended ſo far that they were on the very point of eſtabliſhing it. Hume calls the interpoſition of the Court in elections to the Houſe the firſt ſymptom of eſtabliſhed liberty. Every art was then uſed to ſecure to "the King's friends and men in place" ſeats in that Aſſembly. This abuſe was remonſtrated againſt, and with ſucceſs*. He anticipated the practice of this age, of applying to Parliament for an approbation of meaſures drawing expence after them before he engaged in them, that he might thereon ground his future demands for ſupply. The Commons ſometimes remonſtrated with Edward with ſeverity, and they obliged him to diſmiſs his miſtreſs. The Clergy, in a diſpute with him, charged him with a deſign of introducing the practice of impoſing taxes without conſent of parliament; that is, to ſubvert a Conſtitution already underſtood; [...]e had practiſed it occaſionally, and given his negative to an Act to puniſh the tax-gatherers.

IN this reign likewiſe Parliament made retrenchments of the prerogative, and eſpecially the giving up of the claim of purve [...]ance, and two of the greater feudal aids; the price of a liberal ſupply. Edward afterward d [...]genuouſly eluded his conceſſion. Among the grievances they remonſtrated againſt, and kept within bounds, were the powers aſſumed by the Privy Council and Star Chamber, the diſpenſing power, monopolies, and preſſing; they limited the prerogative of Parliament, and remonſtrated againſt its abuſes, and the ſtopping of juſtice by warrant§. And the power of iſſuing writs to levy ſhip-money was aboliſhed in the laver end of this reign, or the beginning of the following.

THE Commons in this age alſo underſtood the privileges veſted in them, in conſequence of their having the cuſtody of the national purſe, with accuracy, and at leaſt in their full extent. The merchants having agreed with the King to augment the duty upon ſome article of export (wool I believe), were ſummoned before the Houſe, and cenſured for breach of privilege: the only precedent which I ſuppoſe can be properly urged againſt the ſubject ſupplying the Crown with money voluntarily: a point tacitly given up by the Petition of Right; an article of [115]which is, ‘that no man ſhall be compelled to yield any gift, loan, or benevolence, tax or ſuch like charge, without common conſent by act of parliament*:’ which, by prohibiting compulſive levies [...] tacitly eſtabliſhes the legality of voluntary contributions, and is in effect a regulating clauſe, not a prohibition.

THE hereditary claim of the Crown to ſome duties on exportation was already a point of diſcuſſion and jealouſy to the people on the acceſſion of Richard the Second: and in the expedient the Commons made uſe of to eſtabliſh their rights, without detriment to the revenue, we ſee a refinement and dexterity which has ſeldom been equalled: they were ordered to ceaſe at Midſummer, and to be renewed on the Feaſt of St. Peter, the interval being five days, ‘for that thereby the King ſhould be interrupted for claiming ſuch grant as due.’ The ſame Aſſembly annexed a ſtrict clauſe of appropriation to the ſupplies they granted; and took effectual care of their obſervance, by appointing ſome of their own Members to ſuperintend the receipt and diſburſements of the ſum levied.

A CERTAIN modern practice, and eſteemed of a more ambiguous merit, was in this age firſt perhaps adopted ſince the time of the Romans. In the reign of Edward the Third we diſcover the firſt inſtance of a public debt on parliamentary ſecurity: it was voted that the King ſhould take up 20,000 ſacks of wool on the credit of an aid for two years; the value to be repaid out of the produce of that aid. The amount of the advance Mr. Hume ſtates at 300,000 l.; but, on the authority of an extremely well informed writer, its leaſt value muſt be taken at 450,000 l.§

GREAT freedom was made uſe of, in this period, in the debates of the Commons. Thoſe on the ſubject of Alice Pierce, mentioned above, are ſufficient proof of this. Edward likewiſe ſometimes impriſoned the Speakers, after the breaking up of a Parliament. If our annals were complete, we ſhould find England then poſſeſſed her Hampdens and Falklands, her Hydes and her Pyms. But the great Commoners of that age could only impreſs upon the Conſtitution a quiet and progreſſive amelioration, not bury it under the ruins of legal prerogative: Edward the Third ſat upon the Throne, not Charles the Firſt.

THE minority of Richard the Second ſuggeſted further views to the Commons: they then firſt choſe a Speaker; and it is ſingular, that the election fell on Peter de la Marc, whom the late King had impriſoned for his ſpeeches in a preceding Parliament. That Houſe was the firſt to take up the buſineſs of the Regency, [116]petitioning the Lords, that a Council of Nine might be appointed to carry on the public affairs during the King's minority; and although their interposition was in that form, they were of conſequence enough to carry their point. But another extenſion of power which they aimed at, that all the great Officers ſhould be appointed by Parliament during that minority, that is, that the Commons ſhould have a negative on all ſuch appointments, they failed in. Before this Parliament was diſſolved, they affirmed the right, and the neceſſity, of that Aſſembly meeting once in each year.

CIRCUMSTANCES which happened ſoon after repreſſed the further exertions of this riſing ſpirit of freedom in the Houſe of Commons, which the vigour and glory of Edward the Third could not effect. The inſurrection of Wat Tyler muſt have infuſed no little jealouſy of popular principles into the minds of men of property of both Houſes, in the ſame manner as we ſaw the inſurrection of Lord George Gordon produce the defeat of ſome popular meaſures, which were carrying on, when it commenced, with great appearance of ſucceſs. It was thus this ſalutary check upon abuſes, the importance of the Lower Houſe, loſing much of its vigour, England ſoon came to experience all the calamities in which the conteſts of a diſorderly, feeble, precipitate Court, and a factious Nobility, could involve a nation, terminating in a long period of degradation and miſery.

A FEW miſcellaneous circumſtances will be here added, to ſhew, that this nation was, in other reſpects, in a very advanced ſtate at this period. Mr. Chalmers, in his Comparative Eſtimate, informs us, that land at the death of Edward the Third ſold for twenty-five years purchaſe. A ſcene of turbulence and revolution commenced ſoon after. In the reign of Henry the Fourth we ſee in the hiſtory of the times that it was fallen to twenty, and in that of Edward the Fourth to ten years purchaſe. Preſently after the acceſſion of the Houſe of Hanover it re-attained the value it had ſold for at the acceſſion of Richard the Second. The modern maxims of commerce were then likewiſe underſtood. To rival the trade of the Netherlands, their manufacturers were invited to ſettle in this kingdom; the exportation of unwrought wool was prohibited, and the wearing of foreign cloths: and it was declared by law, that ‘trade ſhould be free, notwithſtanding grants or uſages, ſeeing ſuch are to the common prejudice*.’ Our foreign commerce, likewiſe, brought us in a balance of 250,000 l. a-year of the money of that time, containing the fame quantity or ſilver as 750,000 l. of our preſent money: which ſum it did not on an average exceed in the period from the Reſtoration to the Revolution.

[117]THE French language was in this age prohibited in law proceedings, and the hiſtory of Engliſh literature affords a ſtrong proof of the degree of the refinement of manners to which we had then attained. This is exhibited in the characters and ſome of the tales of Chaucer. Polite ſatire, and comic portraits, touched with a light and free pencil, can only be produced by men of genius, who live in periods very much civilized. Let the ability of the writer be what it will, the characters drawn in a ſemi-barbarous age have little of individual nature in them: they all have the allegorical air of moral qualities perſonified. Athens had acquired its higheſt degree of politeneſs when Menander wrote his comedies. France did not produce her Moliere until the age of Louis the Fourteenth; and the latter will not be found much more free from the delineation of abſtract qualities inſtead of living characters, or from overcharged colouring, than our own countryman, the delicacy of whoſe hand certainly was not ſurpaſſed by that of Theophraſtus or La Bruyere: and if we grant his taſte outſtripped that of his age more than any of thoſe writers mentioned above, ſtill that age in which he lived muſt have been highly civilized before it could produce ſuch a writer, or feel the beauties of his comic manner. His page indeed is diſgraced with ſome groſs immoralities, but it is only to be wiſhed that this could be urged as a proof he did not write in a poliſhed period. The works of the Auguſtan age, and thoſe written in France ſince the death of Louis the Thirteenth, by men who have in the ſame manner diſgraced fine abilities and a fine taſte, will not ſuffer this to be urged againſt the conſequences drawn from the poetry of Chaucer.

NOT only the manner in which theſe characters were drawn decides upon that of the age, it may be alſo ſhewn, from the matter they contain, in that of the Squyer, we may be ſuppoſed to have an account of the education of the young gentry of England at that period. Among his other qualifications, he made verſes, was inſtructed in drawing and muſic, and (as we expreſs ourſelves) wrote a fine hand; and he had made a tour in the provinces of Flanders, then the ſeat of opulence. Nor is the poet here deſcribing what, in his opinion, the education of a young gentleman ought to be, but what it was: the former is to be ſeen in that of his own ſon Lowys, who, although he did not exceed the age of ten years, had already acquired the elements of the Latin language, and made a conſiderable progreſs in arithmetic and the doctrine of proportion: he earneſtly deſired to be taught aſtronomy, and his father thought him to be ſo ſufficiently qualified, that he complied with his requeſt, and wrote his Treatiſe on the Aſtrolabe for his uſe. In his preface, he ſuppoſes his work on aſtronomy might be generally read.

THIS excellent direction to the national education and objects of purſuit, was moſt probably given to them by the writings and [118]recent diſcoveries of Roger Bacon, born not only to reſtore what is worth retaining of the ancient philoſophy, but to lead it far on toward the perfection it has ſince attained. He died about thirty-five years before the acceſſion of Edward the Third.

HISTORIANS ſeem tacitly to have laid it down as an hypotheſis that Society has been in a progreſſive ſtate of improvement ever ſince the union of the Saxon kingdoms. Hence they are perpetually expreſſing their wonder at the repeated inſtances of policy and refinement occurring in the period here treated of. But our advancement was then great: it could not be called a ſemi-barbarous age: it can only be ſaid of it, that it ſtill retained traces of barbariſm. It was not only the dawn of the day, or the firſt beams of the riſing ſun, which enlightened our anceſtors, that luminary was already mounted many degrees above the horizon; ſome flying clouds, indeed, which the wind was diſſipating, at intervals obſcured it for a little time, or caſt a dark moving tract of ſhadow over the landſcape.

A TURBULENT and diſaſtrous period of civil war and uſurpations enſued: a ſhort and dazzling term of military ſplendor, which promiſed to terminate, only ſerved ultimately to increaſe its calamities. The acquiſitions of the age of Edward the Third were loſt almoſt as ſoon as made. After the civil wars were ended, the heavy domination of the Tudors long repreſſed the efforts of the genius of this nation, to recover that height from whence it had fallen; and thus the reign of genuine ſcience in Europe, deſtined to be eſtabliſhed by Britain, was poſtponed between two and three centuries by our internal commotions, begun by a general inſurrection of the populace of eight counties round the capital, "on the principles of primitive equality*," and directed to "the purpoſe of levelling all mankind."

Appendix A.3 No. III. ON A LEADING CAUSE OF THE CIVIL WARS IN THE REIGN OF CHARLES THE SECOND.

I DO not know that it has been obſerved, that a ſingle fact accounts for the unrelenting vehemence of the illegal meaſures againſt Lord Strafford: the famous inflammatory remonſtrance, [119]the raſh attempt of the King to ſeize the five Members, and the continuation of the attack of the Commons upon the royal power, after they had reſtored the Conſtitution.

COUNT Lally-Tolendal, in his Life of Lord Strafford, a work full of curioſity and elegance, informs us, that he had poſſeſſed himſelf of legal proofs of treaſon againſt the Lords Saville and Kimbolton, and Pym, Strode, and their accomplices, as having called a foreign enemy, the Scots, into England. Mr. Hume informs us, that if Lord Strafford had not been ſuddenly prevented by the accuſation of the Commons, he had that very day, it was thought, charged Pym, Hampden, and others, with treaſon on that account. Now Hampden, Pym, and Strode, were three of the five Members accuſed by the King: the other two were Hollis and Sir Arthur Hazlerig. I lay it down as a probable ſuppoſition, that they were among thoſe others not directly named by theſe writers.

THOUGH the thanks of the Houſe had been given to the Scots for their brotherly aſſiſtance in marching into England, an Act of indemnity had been procured by thoſe who invited them*; ſome of thoſe even who thought the nation benefited by that meaſure, might diſlike the precedent, and the actors therein might fear to diſcloſe the part they had taken, ſo far as to ſolicit ſuch a ſafeguard; they remained, therefore, under the penalties of the law of Treaſon, and thought themſelves reduced to act upon that moſt dreadful of all maxims, ne feriare, feri: meurs, ou tue ." Strafford was poſſeſſed of the fulleſt evidence againſt them, and they determined at the [120]proper inſtant to anticipate his attack upon them: but this could not be done with ſafety to them when the perſon of the Earl was out of their reach. Hence it was neceſſary, for other cauſes than thoſe commonly alledged, that their plan of a counter-accuſation ſhould be for a ſeaſon unknown to him; for this reaſon the doors of the Houſe were locked, at the time they thought proper that the ſubject of his impeachment ſhould come on, that no intelligence of their intended meaſure ſhould tranſpire, until it was too late for him to anticipate their accuſation by his own. Thus thoſe of the Commons who were in the ſecret flung their deliberations againſt him, rather into the form of a private conſultation of conſpirators, than the debates of a ſenate. This apprehenſion of their own danger led them at laſt to the unprecedented and double form of their proceeding againſt him; the parts of which were, a trial for treaſon, inſtituted in the ordinary form before the Peers, which was interrupted by the proſecutors themſelves, before ſentence was ſuffered to be given, by a new courſe of proceedings, a bill of attainder. What they could do conſiſtently with their apprehenſions for their own ſafety, to avoid this ſpecies of neceſſity of committing a murder, by what had ſo equivocal an appearance of being the ſword of the law, they attempted. Count Lally, on the authority of the Journal of Archbiſhop Laud, informs us, that Lord London and the moſt powerful of the Preſbyterians offered to Lord Strafford his life and liberty, on condition that he ſhould join them, and that he refuſed the propoſition*."

IT is obvious they muſt have conjectured, that the train of their negociations with the Scots was perfectly known to the King, though he might not be maſter of the legal evidence. This might confirm them in their plan of continuing their own power, by perpetuating the ſitting of the Parliament after that aſſembly had been made triennial; that the danger might meet them combined together in perfect union with, and at the head of a great party in both Houſes.

The King's journey into Scotland was a real ſubject of alarm to this party: they dreaded that he ſhould be able to obtain more particular information againſt them; and finding that by their importunity they were not able ſo much as to get him to put it off, they appointed a Committee to attend upon him, under pretence of ſeeing the articles of pacification executed, but in reality to be ſpies upon his conduct. One of the moſt eminent of the Members who had concurred in the invitation, was among theſe deputies.

[121]CHARLES, when in Scotland, by a liberal diſtribution of titles, and ſuch favours as remained in his power, had attached the leading Covenanters to him for a time, and obtained their confidence. "He expoſtulated with ſome of the chief among them, touching their late coming into England in a hoſtile manner, and found that ſome, who were now leading men in the Houſes of Parliament, had invited them to it," and he "furniſhed himſelf with ſome proofs of it*." The Committee, whom the Parliament had ſent to watch his conduct in Scotland, could not be entirely ignorant of theſe communications, nor would they fail to ſignify this increaſe of danger to thoſe of the two Houſes who were affected by it. Thus ſome of the Covenanters betrayed their confederates to the King. This prepares us for what is to follow. The Earl of Leve [...], who had on his knees proteſted in the houſe of the Earl of Kinnoul, that he would never bear arms againſt the King, in a little more than two years after led for the third time a Scotch army into England. A liberal ſubſidy from the Parliament had again changed the inclinations of ſome bad men of that nation, and a ſecond prevailed upon them to give up their Sovereign. The confidence alſo which Charles repoſed in the diſcoveries he had made, which he preſerved as a laſt reſource to protect him againſt the machinations of his enemies in England, proved unexpectedly one of the great cauſes of his ruin.

THE dangerous ſituation of thoſe who invited the Scots into England became daily, in their own eyes, more and more evident. When he went into Scotland, "it was voiced to all that he parted a gracious King from a contented people." His tour into that kingdom had greatly ſtrengthened his intereſts there: he was become extremely popular in this city, as was evident in his ſplendid reception on his return, and his party in the Houſe of Commons was already equal, and becoming ſuperior to theirs. The accuſation againſt them they muſt have known to have been ſtrengthened with new evidence, that the buſineſs of the Parliament would be ſoon finiſhed, and that aſſembly of courſe diſſolve itſelf, and they return into the maſs of private ſubjects, amenable to the courſe of law; their fears for their ſafety urged them therefore to renew the attack upon the King by exciting the populace of the city afreſh againſt him, and they hoped likewiſe, by a ſeries of meaſures of irritation, to provoke him into ſome precipitate meaſures, that might revive thoſe reſentments againſt his paſ adminiſtration, which thinking men began to wiſh to be forgotten; and that by theſe means, in conjunction, they might ſo far debaſe his character and diminiſh his power, that they might have nothing to fear from his [122]accuſations, even after the diſſolution of Parliament, whenever they ſhould permit it to take place. By a ſingle meaſure they ſecured the firſt of their purpoſes, exciting new tumults againſt the King: nor could any ſtep be more calculated to commence their ſyſtem of irritation.

THIS was the voting and publiſhing the famous Remonſtrance, addreſſed by the Commons to the People, againſt the King, containing every thing with which his whole adminiſtration had been truly or falſely accuſed, eac [...] particular heightened with all the arts of exaggeration. There is hiſtorical evidence, that the fears of this active party in the Houſe for their own ſafety were their motives to this ſtep, ſo inſtrumental in kindling the Civil War; for immediately after the paſſing of it, Cromwell told Lord Falkland, "that if the Remonſtrance had not been carried, he was reſolved to have converted the ſmall remains of his eſtate into ready money the next day, and to have taken the firſt occaſion of quitting the kingdom; and this, he affirmed, was the ſentiment alſo of ſome of the moſt conſiderable men of the party*." Many additional inſults followed the Remonſtrance, before the King was provoked to what he had unfortunately confided in as a ſtrong reſource, his impotent and unfortunate attempt of ſeizing the five Members, to bring them to a trial for treaſon, while they were yet at the head of a victorious party, the Houſe of Lords in conſternation, and the irritated and licentious populace of London at their command.

IT ſeems, therefore, highly probable, that the uſe intended to be made by Lord Strafford of the evidence he had procured, coſt him his life; that the fear of its effects likewiſe produced the Remonſtrance, and the further unconſtitutional attempts upon the royal power which followed it; for, after the ſanguinary example thoſe who had joined in the invitation of the Scots had exhibited in the caſe of Lord Strafford, that they might not ſuffer for what was treaſon by law, they were compelled to become in reality traitors. The expectation likewiſe which the King founded upon the ſame teſtimonies, betrayed him into the fatal error of attempting to ſeize the five Members, which ultimately coſt him his crown and life.

YET there was every thing to fear for our liberties at the time the Scotch inſurrection began, the actual poſſeſſion of them was almoſt totally to be regained. At the acceſſion of Charles, a good deal of the canker of a dangerous prerogative cruſted over many a tooth of ſome of the main wheels of the Conſtitution. [123]We know that a little oil, dexterouſly poured in, would at that time have kept the whole in conſtant motion, the wheels might even thus have ſcoured themſelves bright, and the machine have gone very well. It was not applied, and they became abſolutely clogged with ruſt. Two of the conſtituent parts of the Legiſlature ſeemed to have loſt the exerciſe of their proper functions*. After theſe obſtructions were removed, the dignity of the letter of the law ſhould have been preſerved by an act of indemnity, a reparation always due to it when abſolute neceſſity demands a temporary veil to be flung over it; a conciliating liberality, to obviate the more urgent neceſſities of the Crown, would have been patriotiſm; and the very powerful leaders of [124]the Houſe, by falling upon ſuch a ſyſtem, would have deſerved, and might have obtained, a cordial oblivion, and even the affections of the Sovereign, and the gratitude of the people, and the iſland might now be able to boaſt that it had enjoyed a firm, regular and free government of a century and a half inſtead of a century; but an avarice, which had the appearance of want of good faith, diſgraced the ſpirit of liberty in the beginning of the reign of Charles, and ultimately almoſt annihilated liberty itſelf, while it defeated its own impolitic ends by the immenſe expence of the Civil Wars, of which it was the primary cauſe, all the other calamities being ſet out of the queſtion. The plan of rendering the Executive Power duly analogous to the principles of the Conſtitution, and the means by which it was purſued, then had an unneceſſary difference of character. The acrimony of Parliament, which Charles perhaps conſidered alternately with ſomething of fear and more of indignation, and the love of prerogative, made him deſire to raiſe himſelf above the legal Conſtitution: he ſeemed for a long time to have ſucceeded; an adequate reparation had been obtained; but he fell, and the Conſtitution fell with him.

Appendix A.4 No. IV. A VINDICATION OF THE PRINCIPLES OF THE ASSOCIATION OF THE ROYALISTS IN THE CIVIL WARS.

IT is certain that there were great changes wanted in government when the Parliament of 1640 met; the point to be enquired into therefore is, Whether the amount of the acquiſitions made by the popular part thereof were not ſuch, before the King ſet up his ſtandard, and the Royaliſts pledged themſelves to him in the defence of his remaining prerogatives, that nothing farther was requiſite, unattainable in the ordinary courſe of legiſlation without civil war. It is contended here, that the King's conceſſions had effectively formed a new conſtitution of government, although no experiment was ſuffered to be made of it: which Conſtitution was at leaſt as popular as was neceſſary, to the enjoyment of the freedom compatible with a mixed monarchy.

IT may be ſaid, ‘that this queſtion is of the nature of thoſe concerning the degree in which a certain quality is found reſident in its ſubject; which, as it is capable of infinite variations, cannot be defined by language, although it may be the object of [125]perception; much leſs can we determine and deſcribe with preciſion, that very degree of any quality which carries its ſubject to the higheſt perfection of its nature, as far as it depends thereon, or to an aſſigned point towards it: in ſhort, that the queſtion here propoſed is incapable of any accurate deciſion, as all that can be urged on either ſide muſt be drawn from general topics of declamation, and what they can furniſh upon this head was exhauſted at the time the Civil Wars were a recent ſubject.’

BUT no age is perhaps competent to decide on all the doubtful but important points which may ariſe in it. Even the experience of facts to take place in the courſe of the next century, if we were maſters of it, might give us certainty now in many points, in which we loſe ourſelves in vague declamation, and the lapſe of time has enabled us to diſcuſs this queſtion upon adequate experience.

WHEN a Conſtitution has been tried for a century, and we find by the experience of the whole term that it contains the popular principle in a due proportion, we have therein a fixed ſtandard to judge another Conſtitution by; and if we find the fundamental principles of the latter more popular than thoſe of the former, we are intitled to pronounce, that upon trial, it would have been found at leaſt fully adequate to ſupport the freedom of the people.

Now on this ſubject we poſſeſs ſuch a ſtandard of compariſon. We find it in that great declaratory Act, the Bill of Rights, which perpetuated to the popular part of the conſtitution of government, the poſſeſſion of every right requiſite for the enjoyment of true liberty, or aſſerted ſuch powers to belong thereunto, that whatever farther was wanted was eaſily acquired in the regular and ordinary courſe of legiſlation: a bill, by the operation of which the proportion of the two rival powers, the monarchical and the popular, has become ſo nicely adjuſted, that they have been preſerved ever ſince in an equilibrio ſo nice, that the fineſt index has, in very few inſtances, been able to point out the ſlighteſt vibration in the balance, much leſs has it been ſubject to thoſe violent and alternate exaltations and depreſſions of prerogative and privilege, which in the laſt century ſo often threatened overſet it.

IF, therefore, it can be ſhewn, that the popular part of the Conſtitution was ſtronger, after the conceſſions of Charles, and before the laſt demands were made upon him, which were reſiſted by arms, than the authors of the Bill of Rights choſe to render it; then the Royaliſts, who pledged themſelves to the maintenance of all the laws and conſtitutions already paſſed in that Parliament, and the defence of the royal power ſo limited, did not endeavour to put a ſtop to the acquiſitions of the popular [126]branch of the Conſtitution prematurely, or before it had attained a due degree of ſtrength.

WE are now to go into a compariſon of the acquiſitions of the Parliament of 1640, before the demand of the militia, and ſome particulars of the Bill of Rights. And firſt with reſpect to the conſtituent branches of the Legiſlature. The Biſhops votes had been aboliſhed by Act of Parliament, whereby the influence of the Crown in the Upper Houſe had been much weakened: the Bill of Rights tacitly admits them. The meetings of Parliament had been made triennial in 1640; by the Bill of Rights it is only enacted, that Parliaments ſhould be frequently held. It was only by a ſubſequent ſtatute, paſſed in the 6th year of the reign of William, "that this indefinite frequency was again reduced to a certainty*." And among the Acts of Parliament of Charles, to the ſupport of which the Royaliſts had pledged themſelves, was that which ordained that the Parliament then ſitting ſhould not be prorogued or diſſolved but by its own conſent. Hence the King's power in the legiſlature was left much ſtronger by the Bill of Rights than by the Acts of 1640; and the authors of that Bill declined to preſcribe thoſe limitations of kingly power in this reſpect, which the Royaliſts engaged themſelves to ſupport.

THE remaining heads of this compariſon will relate to the executive power of the Crown, judicial and military: and firſt, as to the independence of the courts of law on the perſonal will of the Sovereign. At the requeſt of his Parliament, Charles had called in all the Judges patents, and iſſued to them new ones "during good behaviour." His two ſucceſſors reſtored the old form in theſe inſtruments: the Judges again held their offices, "during their good pleaſure;" and the Bill of Rights made no alteration therein. The form adapted by Charles the Firſt on the application of his Parliament, was afterwards reſtored by 13 Will. III. c. 2. The Royaliſts therefore had admitted ſtronger limitations on the King in his judicial capacity, than thoſe great men who effected the Revolution choſe to impoſe upon him.

IT remains to examine, how the King's military powers were left ſtanding upon both theſe grounds. By the Bill of Rights, to keep up a ſtanding army in time of peace, without the conſent of Parliament, was declared to be illegal; but before the rupture, the Long Parliament had eſtabliſhed a precedent, which went much farther. The King offered to raiſe ten thouſand volunteers for the ſervice of the Iriſh wars: the Commons put a negative upon this, and to the right of the Parliament to a negative in this point he tacitly ſubmitted, by aſſenting to a Bill to [127]raiſe men upon the authority of that aſſembly; and by this Act, the preſſing of men by royal warrant was declared to be illegal. The practice was afterwards revived, and by the Bill of Rights no proviſion was made againſt it: ſo much leſs were the limitations of the Crown declared by that Act, than thoſe the aſſociated Royaliſts engaged to maintain the obſervance of; they therefore agreed to ſupport the national liberties in greater ſtrength than the authors of the Bill of Rights thought proper to declare for. The merits of theſe excellent men ſtand between the Royaliſts and all cenſure, and that Act itſelf is a redoubt, which muſt be levelled to the ground before their aſſailants can march forward to attack the principles of their Aſſociation. It is a work they muſt not leave behind them.

AN objection may be made to this, ‘that the feudal tenures were not aboliſhed, nor the Habeas Corpus paſſed, until the Reſtoration.’ To this it is anſwered, that they might both have been obtained without a civil war, either by compact or the ordinary courſe of legiſlation. It is true, the revenue from the wards of the Crown, and ſome other feudal incidents, remained. Theſe were compounded for ſoon after the Reſtoration, and Charles and the Royaliſts would have willingly concurred in their abolition on the ſame terms; for the firſt propoſition on this account came from the Crown to the Parliament in the reign of James the Firſt, who offered to give them up for an adequate tax on the lands out of which ſuch contingent payments iſſued: Charles the Firſt would, without doubt, have exchanged them for the hereditary exciſe, and the additional recompence afterward obtained for them by his ſon; and his party certainly would not have engaged in the dangers of a Civil War to avoid exonerating their eſtates of thoſe payments on the like advantageous terms to themſelves.

IT is to be remarked alſo, that in the Parliament of 1640, an Act had already paſſed, "That if any perſon be reſtrained of his liberty by any illegal court, or by command of the King's Majeſty in perſon, or by warrant of the council-board, or of any of the Privy Council*," he ſhould be entitled to a writ of Habeas Corpus. From the temper of the times in which this Act was obtained, it certainly went as far as the experience of the paſt, or the foreſight of the future grievances of arbitrary impriſonment could then extend, and it is not credible that the improvements afterward ingrafted upon it exiſted even in contemplation.

THE ſtatute called by way of eminence the Habeas Corpus Act, paſſed in the reign of Charles the Second. It points out [128]the means of obtaining this writ more clearly, and enforces them more ſtrongly; but the weakneſſes of the proviſions of the former were certainly unknown in 1640, as no experience could have been had of them between the time of this Act paſſing, and the breaking out of the Civil War. But if they had then been ſuſpected, it is eaſy to prove they would have been provided for with facility; for the Parliament had fallen upon the practice of granting the tonnage and poundage from time to time, and for terms of a few months only. A more permanent ſettlement of it would, in his own eſteem, have been a very liberal price, for adding to the Habeas Corpus Act he had already granted what was wanted to give full effect to the ſpirit of it; which is proved from this circumſtance: Charles the Second paſſed this Act long after this revenue was ſettled on him for life, without obtaining any ſupply to the neceſſities in which he was then involved.

A FURTHER confirmation of the facility with which theſe ſalutary Acts might have been obtained, appears in the hiſtorians of this period. They inform us, that before any ſignal reverſe of fortune checked the progreſs of the arms of Charles, he appears to have been prepared to have made any conceſſion of this kind that might have been judged neceſſary. Theſe ſentiments he declared in a manner which ſhews beſide that they had the concurrence of him party; for about the end of December 1643, in his ſummons to the Oxford Parliament, be expreſſes his deſire that "his ſubjects ſhould be confirmed in thoſe rights which he had granted them in Parliament, and his readineſs to add ſuch new grace as he ſhould find would moſt conduce to their happineſs*." Theſe are very large conceſſions to have obtained theſe laws; the Royaliſts would have thought the purchaſe high enough: and ſo far forth as the liberties of the people and the crown revenues are concerned in ſuch a compact, they would have ſtood exactly on the ſame footing as they did in the reign of William, after the Revolution was duly conſolidated.

BUT no doubt can be entertained that the Parliament of Charles the Firſt would have attained theſe points in the ordinary and legiſlative courſe of proceeding. The King and the Royaliſts had given a firm engagement, that that aſſembly ſhould retain all its new-acquired powers. At the Reſtoration they ceaſed to poſſeſs them, yet the popular conſtituent part of the Legiſlature, thus weakened, was able to obtain them; if, therefore, the aſſembly at Weſtminſter, giving up all their laſt demands upon the King, had concurred with the Royaliſts upon the terms of their declaration, they would have been able to have given to England a Conſtitution at leaſt as free as is conſiſtent with limited monarchy, or has ever been poſſeſſed in this country; and a ſyſtem of laws, [129]impoſing as few reſtraints upon perſonal property or freedom, as a well-governed State can poſſeſs.

Appendix A.5 No. V. ON THE CONDUCT OF OLIVER CROMWELL, FROM THE SIEGE OF EXETER, TO HIS JUNCTION WITH THE REPUBLICANS

THE perſonal hiſtory of Cromwell from the time in which he roſe into conſpicuous eminence, is a legitimate part of the hiſtory of the nation, great national events having had as full a dependence on his meaſures and plans as they ordinarily have upon thoſe of lawful princes. I ſhall here ſtate his conduct in this period, in order to confirm the general delineation of it given in the preceding Tract, with ſomewhat of that particularity and diſtinctneſs which its importance requires.

THERE can be nothing more uſeful at preſent than the conſideration of his tranſactions at that period. It exhibits one conſequence of the interpoſition of the lower claſſes of the people in the tranſactions of Government; the degradation of ſociety into that melancholy ſtate in which it reſembles the ſerpent called Amphiſboena: a production of the imagination of the painter or the poet, whoſe tail is frequently hurried away with an irreſiſtible propenſity to take the lead of its head. This deſpotic empire of the little over the great, ſo often eſtabliſhed when the ſpirit of commotion has been for any period diffuſed among the common people, was never more fully diſplayed than when the intriguing and determined genius of Cromwell was forced to bow down to it.

So early as the ſiege of Exeter, in the beginning of the year 1646, he had been looking out for a negociation with the King, on the footing of reſtoring him "to his juſt and ancient rights." The reaſons he alledged for this to Sir John Barkley are unanſwerably juſt; yet mark the depth and ambition of the man*. After the King was delivered up by the Scots to the Parliament, he was in ſuch cloſe cuſtody, that it was impoſſible for Cromwell to continue his negociations with him. By his intrigues, a military parliament was formed in the camp, the regiments chuſing repreſentatives called Agitators, and the ſuperior officers forming an upper aſſembly. This military council diſpatched Joyce to [130]bring the King to the Army*. Of the attachment of the Agitators to Charles, at that time, no doubt is to be entertained. Sir John Barkley, who treated with them on his part, gives abundant teſtimony to it; and this is further confirmed by their letter to Parliament about a month after the King's removal among them, by which "they avowed the King's cauſe to be theirs, and that no ſettlement could be hoped for without granting him his juſt rights." In procuring this declaration, Cromwell was very active: § his profeſſions of attachment to the King, as well as to his own relations, as to the friends of that Prince, were full of warmth. The offers to himſelf and his ſon-in-law, were ſuch, as make it impoſſible to doubt of his ſincerity at that time**.

BUT this ſtate of affairs very ſoon changed: the King's moſt confidential agent, Mr. Aſhburnham, declined all communication with the Agitators; although their Leaders had promiſed, if it ſhould become neceſſary, to act for the King againſt Cromwell††; and he treated them with avowed contempt‡‡. It was at this juncture that the principles of the Levellers, which before had infected ſome parts of the Army, began to manifeſt themſelves in the deliberations of this military repreſentative. They diſclaimed all further connection with the King, or with monarchy itſelf; declared for a Republic, and wore badges of diſtinction in their hats. This produced a mutiny in the army, and with great hazard the mutineers were quelled by Cromwell; but in the event be foun [...] that they were for the preſent overawed, but not ſubdued; that two-thirds of the army had pledged themſelves to the ſupport of theſe principles, and "the deſtruction of thoſe who ſhould oppoſe them‖‖." He immediately determined to give way to a torrent he was unable to ſtem. The party he made his [131]peace with was that moſt oppoſite to the King. Thus Cromwell himſelf was forced from a plan of future greatneſs, which he had been two years bringing to maturity, and, for a time, ſunk into an inſtrument in the hands of a military mob. To the faction he made his apology, by acknowledging, ‘that the glory of the world had ſo dazzled his eyes, that he could not diſcern clearly the great works that the Lord was doing*.’ And to the King's friends he alledged, that ‘it was the act of the Army, and not his own;’ that ‘he would ſerve the King as long as he could do it without his own ruin; but deſired that it might not be expected that he ſhould periſh for his ſake.’

I HAVE traced this event with ſome minuteneſs, as it abounds with curious information on the nature and irreſiſtible impulſe of popular commotions. We ſee a military Convention, for a time, rule the State; and ſoldiers were then the only Citizens. If this ſituation of things had continued, and there then exiſted an external force capable of bringing it to an end, the Government of England would have had no remote reſemblance to that of Egypt under the Mamalucs. We here ſee likewiſe the mutability and dangers of ſpurious repreſentations, choſen from the lower claſſes of the people: as we find the ſame individuals offering to compel their ſuperiors to reſtore the King at one period, and in a very few months after actually compelling them to put an end to his life and the Monarchy. And the failure of Cromwell in his original aim amounts to a proof that it is impoſſible, in the preſent ſtate of ſociety, for any one, let his natural greatneſs be what it may, to conduct any change of government, by the means of popular commotions, to any end by him foreſeen and predetermined. He was able, indeed, to attain afterwards an elevation and greatneſs he had probably then never contemplated; but, like Caeſar, he had always, the danger of aſſaſſination before him; and his apprehenſions of it ſhew that he had not, in this reſpect, the courage of the Roman.

Appendix A.6 No. VI. ON THE CORRESPONDENCE OF THE ORDER OF THE SUCCESSION ESTABLISHED AT THE REVOLUTION, WITH THE PRINCIPLE OF THE HEREDITARY SUCCESSION OF THE CROWN.

THE Managers of the Houſe of Commons, at the trial of Dr. Sacheverel, contended, that by the Revolution the religion, the [132]liberties, and the* Monarchy of England had been preſer It appears therefore to have been their opinion, that the meaſures relating to filling the Throne, and to the order of ſucceſſion then eſtabliſhed, were neceſſary to the preſervation of the Monarchy; or that the perſons by whom they were effected acted on the principles of a Defenſive Aſſociation, on which I have treated in the body of this Tract; nor was there any thing in them adverſe to the hereditary deſcent of the Crown; for if at that great criſis the Monarchy had fallen (and they were all required to preſerve it), the hereditary ſucceſſion muſt have been totally loſt. Nor are a ſeries of acts to be held inimical to a principle, or urged as a precedent or ſet of precedents againſt it, which approximate toils effects, as nearly as poſſible, in the exiſting circumſtances of things, or admit only the leaſt poſſible deviation from it.

THE ſteps taken at the Revolution to regulate the Succeſſion were the following: firſt, The declaration of the abdication, and the conſequent vacancy of the Throne; ſecondly, The limitation of the Crown to Proteſtants; thirdly, The placing William on the Throne with Mary; and fourthly, Veſting the royal power in him for life, in caſe he ſurvived her. The neceſſity of each of theſe for the preſervation of the Monarchy from a very apparent danger then threatening it is to be ſhewn in order.

FIRST, Men's minds were wrought up to an extraordinary pitch at the time of the Revolution, on the ſubject of the danger of the Proteſtant religion. The moſt viſionary fears of an attempt to introduce Popery had always been able to inflame the people to the utmoſt. That danger then exiſted, perhaps for the firſt time, ſince the reign of Elizabeth, was real and evident. The controverſy which had been carried on againſt the Roman Church, EXCLUSIVELY by the Clergy of the Eſtabliſhment, with a degree of ſyſtem, of acuteneſs, and of eloquence, with which it never had been attacked before, by exhibiting its errors in ſuch ſtrong and multiplied points of view, had excited the minds of the people with new zeal againſt the errors of the Romiſh Church, and given, collaterally, no ſmall degree of weight to the popular apprehendſions of this danger, by that natural operation by which our averſion to an object increaſes our fear of it. Hence while a Prince of the Papal Communion ſat upon the Throne the Republicans would have been aided in pulling it down, almoſt by the whole popular force. The abdication of James, therefore, preſerved the Monarchy from the apparent danger of an almoſt immediate ſubverſion.

[133]SECONDLY, It had alſo become neceſſary to quiet the alarms of the people, on account of the future dangers of religion, in order to deprive the Republican party entirely of this formidable engine. On this ground, the limitation of the Crown to Proteſtants became neceſſary for perpetuating Kingly Government.

THIRDLY, Other dangers likewiſe, from the ſame quarter, were ſufficient to induce the nation to place William upon the Throne, together with Mary; for a popular revolution always diminiſhes the ſpirit of ſubordination; and Government ought always, after ſuch a ſhock, to be put in the ſtrongeſt ſtate its Conſtitution permits, to guard againſt all further change. And in this caſe, as the neceſſity of having placed the ſceptre in William's hand was clearly demonſtrated by the event, it muſt be taken to have been apparent at the time; for in little more than a year there appeared a neceſſity that his whole political vigour ſhould be armed with the whole kingly power to defeat the attempts of the Republicans in the Commons* to undermine the conſtitutional powers of the Crown.

FOURTHLY, Thus it was evidently requiſite, that during the joint lives of William and Mary the former ſhould be inveſted with the whole royal power. It is now to be ſhewn, that there was a very probable neceſſity to induce the Convention to leave the kingly power to William for life. A ſtrong caſe in point plainly indicated that neceſſity.

IN the reign of Henry of Caſtile, Ferdinand, then Prince of Arragon, had married the King's ſiſter Iſabella without his conſent. During his reign he regarded his brother-in-law as ſecretly plotting to deprive him of his Throne. His Queen had brought him a daughter, whoſe name was Joanna, to whom a large party of his ſubjects believed his favourite, Count Bertran de la Cueva, to have been the real father: and King Henry, who was ſuppoſed incapable of begetting children, was accuſed of having encouraged the adultery of his wife, in order to impoſe a ſpurious ſucceſſor upon his people.

ON the death of Henry, a large party declared for the Princeſs Iſabella his ſiſter, who after a ſhort conteſt was eſtabliſhed on the Throne. Many of the Nobility were deſirous of veſting the ſole adminiſtration of the kingdom in the Queen; others for allowing to King Ferdinand, her huſband, an extremely limited and ſubordinate ſhare therein: thus Ferdinand and Iſabella were in the ſame circumſtances as William and Mary about a century after; the [134]title of Joanna, the ſuppoſed daughter of Henry, being ſtill preferred by many of their ſubjects, and recognized alſo by the neighbouring King of Portugal. The ſimilarity of their conduct was as perfect as that of their ſituations: Ferdinand, in this proſpect of being diſappointed in an object with which his ambition had long flattered him, entertained thoughts of returning to his own dominions, rather than be a Sovereign in name only in the now opulent kingdom of Caſtile. But Iſabella diſcouraged the party which was deſirous of limiting his powers; and her efforts in his favour prevailed: he was admitted to the exerciſe of the ſovereignty jointly and equally with her.

Two other circumſtances added to this ſimilitude of the ſituations of the joint Sovereigns of Caſtile and of Britain at theſe reſpective periods. In the former kingdom, ‘in alm [...]ſt all the cities there were factions that kept up a kind of civil war among themſelves, without paying any reſpect to the laws, or regard to the royal authority*.’ The latter had recently been involved in the moſt dangerous internal commotions, in which the ſpirit of Republicaniſm, triumphant a few years before, ſeemed to revive; and theſe had been rather imperfectly ſmothered than ſuppreſſed. For ſo violent were the tumults of the Petitioners and Abhorrers in 1680, that nothing which preceded the Civil Wars (according to the teſtimony of a cotemporary obſerver) more ſtrongly preſaged ſuch a calamity. They continued to the diſſolution of the Parliament at Oxford. After that period, indeed, a remiſſion of the fever of the national ſpirit took place; but ſo little reſembling a termination of it, that the probability of its breaking out again with additional violence was apparent. In the natural conſtitution, particular diſorders are ſeen to degenerate into others of a different and far more dangerous character: and in Spain the ſimple ſpirit of ſedition (for nothing appeared further at the firſt) became converted afterwards into that of a turbulent democracy; but in England, a large portion of the latter had all along been diſcernibly mixed with the other cauſes of diſſention peculiar to the times. The danger of England, therefore, from the principles of democracy, was greater at the Revolution than that of Caſtile at the acceſſion of Ferdinand, if we had copied the errors of the latter kingdom.

THE ſituation of the new Sovereigns of the two States, with reſpect to the national churches, were alſo nearly the ſame. The Primate of Spain, the Archbiſhop of Toledo, had been very active in the party of Iſabella and Ferdinand, but ultimately eſpouſed that of Joanna. The Archbiſhop of Canterbury had zealouſly oppoſed the uſurpation of James: the event of that oppoſition ſeems even to have finiſhed the alienation of the army and the nation from him, and raiſed that ſpirit to its ultimate height which produced [135]the Revolution; but he oppoſed the acceſſion of William and Mary. Iſabella, deſirous of conciliating the Biſhop of Toledo to her intereſt, ſet out herſelf to make him a viſit at Alcala. He ſent her word, that ‘if ſhe entered the town at one gate he would go out at the other*.’ When Queen Mary, on her arrival in England, ſent to Archbiſhop Sancroft to requeſt his bleſſing, his anſwer was, that "ſhe ſhould aſk her father's firſt."

SUCH were the correſponding ſituations of perſons and circumſtances in the two kingdoms in theſe periods: in the firſt of which Ferdinand became King in Caſtile during the life of Iſabella; they ruled with one title and one power; their names appeared alike to all acts; they received or diſpatched Ambaſſadors, raiſed armies, and conducted their wars with the ſame authority Ferdinand was therefore only joined in the adminiſtration and title with Iſabella; the former was excluſively veſted in William. At the death of Mary, William would therefore have had ſome advantages in an attempt to retain his adminiſtration, if it had been made terminable with her life, which Ferdinand did not poſſeſs. He was loth to retire to his kingdom of Arragon, ſmall in compariſon of that of Caſtile, and where the royal power was extremely more limited by its conſtitutions and cuſtoms ‡. There was the ſame hazard that William would, with equal reluctance, have deſcended from the Throne of Great Britain to retire into Holland, where his power as Stadtholder had begun to totter§ before he had acquired a Crown.

IN the calamities this arrangement of power at the acceſſion of Ferdinand and Iſabella brought in the event upon Caſtile and all Spain, and the others with which it was threatened, but from which it was providentially delivered, we ſhall ſee a neceſſity able to have induced our anceſtors to continue William upon the Throne for life. On the arrival of Philip, the huſband of Joanna, daughter of Iſabella and Ferdinand, who ſucceeded to the Throne in her own right on the death of her mother, Ferdinand endeavoured in vain to maintain himſelf in the adminiſtration which he had aſſumed. He was deprived of it by a very ſudden Revolution; but had the addreſs to ſtipulate for himſelf ſuch terms as muſt have impoveriſhed the kingdom. He ſoon recovered it by two events equivalent to another. When he was reſtored, the ſtrength of Government was not reſtored with him: the long delay he affectedly made before his return; the factions occaſioned by the pretenſions of his competitor; the abſence of his ſucceſſor at the time of his death; continued further to enfeeble it: a little after which, a faction of Levellers aroſe; the commonalty attacked the Nobility and Gentry, and, for a while, were nearly maſters of the kingdoms [136]of Caſtile, Valentin, and Majorca. They trampled underfoot the authority of the King, ‘and were governed by the baſ [...]ſt of the people: as Bodadilla, a cloth-worker, at Medina del Campo; Villeria, a ſkinner, in Salamanca.’ This is copied by Foulis from Sandoval. He afterwards continues, ‘What proſperity could they expect from their juntas, when in the great Aſſembly none durſt ſpeak but ſuch as one Pinelles, a cloth-worker, was pleaſed to order, by pointing to them with the rod of a uſurped authority*.’ The object of the inſurgents was to maſſacre the gentry, and to plunder all parties indiſcriminately. This democratic inſurrection received alſo the [137]honours of conſecration, like many others. Hiſtory has preſerved to us the formulary which was made uſe of on this occaſion by a Prieſt of Biſcay, which I tranſcribe: ‘My brethren, I recommend to you one Pater and one Ave Maria for the holy ſedition and popular commotion, that it may never ceaſe.’ It continued from 1510 to 1521.

THUS the exiſtence of Monarchy was hazarded in Spain by the jealouſy of the Caſtilians, who, when they conſented to place an effective ſceptre in the hand of Ferdinand, made the duration of his reign dependent on the life of his wife. By the conteſts for the ſupreme power conſequent thereupon, the effective inter-regnums, and feeble diſputed adminiſtrations, the ſpirit of ſedition exiſting at his acceſſion ultimately became heightened into that of a turbulent democracy. With a liberal policy, and in effect more favourable to Monarchy, our anceſtors conferred the Crown on William for life. Republicaniſm had been ſubdued in England [138]but twenty-eight years before; a term relatively recent: and its principles, ſo far from being on the decreaſe during that period, had, in the latter years of Charles and in the whole reign of his ſucceſſor, received new vigour and extenſion. In ſuch circumſtances, to have followed the ominous example of Caſtile muſt have been to ſubvert, not to ſupport, the monarchical part of the Conſtitution.

I REPEAT here what is laid down at the beginning of this article, that the Revolution was juſtified by a threefold neceſſity: That of the preſervation of our religion; and that ‘of recovering the regal power, and the rights of the people*.’ It is the meaſures purſued for the ſecond purpoſe which are here excluſively conſidered. The neceſſity then exiſting of a Revolution to recover the rights of the people is a different ſubject, and to be proved from different topics. What I had thought neceſſary to ſay on that branch of this compound ſubject is contained in my Defence of the Letter attributed to Mr. Reeves.

THE END.
Notes
*

The object held out by them is, ‘to reſtore the Law of Treaſon to the ſtate in which it ſtood before the meeting of Parliament laſt winter, or on the ſtatute of 25. Edw. 3. c. 2.’ On this no remarks will be made in the body of the Tract, but ſome ſtrictures upon it will be found in the APPENDIX, No. 1

*

Hence ſudden inſurrections, when the inſurgents act together, and have ſomething like a unity of object, are Aſſociations. This object may be either abſtracts, as to eſtabliſh the principles of equality; or ſpecific, as to reduce the price of wheat.

This follows from every definition this Party has given of the term People.
*
‘Le peuple a toujours trop d'action, ou trop peu. Quelquefois avec cent mitic bras il renverſe tout; quelqueſois avec cent mille pieds il [...] va que comme les inſectes. Eſprit des Loix, Liv. ii. c. 2.
*
Hiſt. v. 6. p. 302.

If a law be right per ſe, an Aſſociation to procure the repeal of it, is termed, with equal juſtice, Offenſive, whether it has been paſſed three days or three centuries; and every law is to be ſo held, until the contrary is demonſtrated. At the end of this Tract it will be ſhewn, that the old Law of Treaſon contains a groſs offence againſt the firſt principles of legiſlation.

*
Appendix, No. III.
*
Hume, v. 6. p. 416.
Hume, v. 6. p. 426.
Ib. p. 439.
*
Coke's Detection.
*
Coke, v. 1. p. 135.
No. IV.
V. 4. p. 437. 5th edition.
*
Coke, v. 2. p. 52. 1694.
Coke, v. 1. p. 135.
*
Hume, v. 7. p. 340.
*
Hume, v. 7. p. 340.
Baker's Chronicle, p. 700. Car. tit.
‘The Preſbyterians were ſcarce wet with the tail of this ſtorm, none of them (except thoſe in ſequeſtered livings), being puniſhed either in their perſons or fortunes. Coke's Det. v. 2. p. 101.
*
Black. Com. v. 4. p. 437.
Coke, v. 2. p. 101.
*

Commentaries, v. 4. p. 439. It was a great error in the Royaliſts to have repealed the Act by which Parliaments were to be aſſembled at ſtated periods, as they did not ſubſtitute a more convenient term in its ſtead; and the error ſeems equal in the framers of the Bill of Rights, that they did not apply tile proper redreſs.

*
See further on this principle, p. 73.
Coke's Detection, v. 1. Apology to Reader, laſt page.
*
Macph. Hiſt. v. 1. p. 351.
*
Macph. Hiſt. v. 1. p. 290.
*
Hume, v. 7. p. 102.
Ibid.
*

The oath to the Saxon Laws was treated by the firſt Norman Princes as a form only. The contents of the Charter of Henry the Firſt were even unknown when the Archbiſhop produced it to the Barons. ‘There is now likewiſe diſcovered (ſays he) a certain Charter of Henry the Firſt;’ and Johnſon obſerves, that ‘he put the Barons in the right way to claim their eſtates with their writings in their hands.’Vindication of M. CH.

*

The different manner in which this Charter affected the powers exerciſed by the Crown, and its legal rights, is very ſingular. The firſt were greatly reſtrained, many uſurpations being cut off, but its legal rights were extended by it: ſome lucrative feudal incidents aboliſhed by the former Charters, were reſtored by this.

Hume's Hiſtory and Vindication of Magna Charta. Johnſon's Works, fol. 1713.
*
Burnet's Hiſt. 12mo. 1725. v. 3. p. 1332.
Macpherſon's Hiſt. v. 1. p. 522.
Dalrym. Memoirs, part 1. p. 161.
*
Appendix, No. VI.
*
Macpherſon and Hume.

When Charles the Firſt returned from Scotland, November 25. 1641, ‘he was received in London with the ſhouts and acclamations of the people, and every demonſtration of regard and affection.’ Hume, v. 6. On December the 27th, prior to the accuſation of the five Members, the populace aſſembled in a tumultuous manner, and went to Whitehall to declare their will, ‘that they would have no more porter's-lodge, but would ſpeak to the King when they pleaſed.’ Baker, Chron. 515. The will of the ſovereign populace ſeems as ill-informed and capricious as that of any other precipitate and ignorant deſpot; and that will is the will of the ſovereign people, whenever it is really and truly taken; as they conſtitute more than nine twelfths, that is, three fourths of Society.

*
It was the converſe or counterpart of the League of the Guiſes.
Da [...]rymple, from William's Papers.
*
In theſe declamations, the fact that the maſs of the new taxes affects the Upper Orders only, is ſuppreſſed.
*
Joſ. Hud. p. 792.
Ibid. p. 1085.

Liberty and Equality are expreſſed by Joſephus by [...] and [...]. Joſ. Hud. p. 794. l. 5. & p. 1183. l. 26. The latter of theſe terms has not the ambiguity of the word Equality. And p. 794, [...].

*
Joſ. Hud. p. 792. l. 11.

The Gauls, in Caeſar's time, were already divided into three orders of men, the Nobles, the Druidical Prieſthood, and the Common People: the laſt was not of any weight or account in their public Councils. Ibid.

*
Gibbon's Hiſt. v. 1. p. 361, 362.
*

It muſt be obſerved, that the name of Jacques in French, or Jacobus in Latin, is the ſame as James. Hence the terms Jacquerie and Jacobins may be tranſlated "the Society of James, or St. James." The principle on which this inſurrection was formed, was, according to Gibbon, the ſame as the former;— ‘to aſſert the natural rights of men.’ In his 17th note to c. 13. he refers for the particulars of it to Froiſſart. I am not in poſſeſſion of his Chronicle. He cenſures the accounts our beſt modern writers have given from him; I ſuppoſe he glances at Hume's Hiſtory: he ſays the naiveté of Froiſſart's ſtory is loſt in them. What naiveté the relation of the circumſtances of the crimes to be related can admit, is not very eaſy to determine. However, as it taxes theſe relations with being imperfect, I have copied all the circumſtances moſt preciſely delineated, from too hiſtories of the ſame event; that of Mr. Hume, and another given in The Univerſal Hiſtory. What is taken from the former is to be found in v. 2. pp. 476, 477, 478; and from the latter, v. 20. pp. 119, 120, 121: the ſeparate accounts are certainly inadequate.

*

I find in an Engliſh Hiſtory of France, that the cap was ſtriped blue and red; I cannot ſettle this important matter. It is more to the point to obſerve, from the ſame Hiſtory, that the palace was forced by 3000 citizens, each of whom wore the cap: as they moved under the order of the Mayor, they were probably a part of what has been ſince called the National Guard belonging to that city. Both the Dauphin, though extremely young, and the King of Navarre, poſſeſſed great popular eloquence; they frequently harangued bodies of citizens.

*
Dumouriez.
*

Hume, vol. ii. p. 478.

There ſeems, even in former ages, to have been ſomething faſcinating to Engliſhmen in a beautiful Dauphineſs; for ‘the ſwords which leaped from their ſcabbards to avenge the looks that threatened her with inſult* and violation, were thoſe of Engliſhmen, and then national enemies. Although the number of this detachment under the Captal was certainly leſs than 10,000, Mr. Burke ſeems to have had this anecdote in his eye when he wrote the beautiful paſſage of which I have given an extract: and Biſhop Hurd would ſay, that without copying the account, he gives us only a copy of the impreſſion it had made upon him. The whole of Mr. B.'s obſervations on the genius of antient chivalry is attacked by Dr. Prieſtley with the exceſs of chicane and dogmatiſm. "Its ſpirit" ſays that writer, ‘nothing but an age of extreme barbariſm recommended He cenſures its being called by Mr. B. ‘the nurſe of manly ſentiment and heroic enterprize.’ What it may paſs for in the revived ſchool of the Gaulonites, I am not very ſolicitous about; their concluſions are not to be truſted one iota further than they are confirmed by induction. Yet theſe are thoſe who tell us, that in all queſtions relating to the intereſts of ſociety we are to deſert Lord Verulam, and return to the cobwebs of the old ontologiſts. The philoſophy of hiſtory muſt be our guide on theſe ſubjects; and that was certainly as well known to Raynal, as to this other apoſtle of Civil Liberty.—Speaking of the character of The Portugueſe in 1515§ he aſks, ‘Had a nation ever been ſeen before, with powers ſo apparently inadequate, effect ſuch great things? — What men muſt the Portugueſe of that age have been? and what were the extraordinary principles which formed them into a nation of heroes? —The inſtitution of chivalry, one of thoſe which has carried human nature to the higheſt point of elevation; the love of glory ſubſtituted in the place of that of our country; that ſpirit purified from the dregs of barbarous ages, generated from the vices of the feudal government, to redreſs of [45]mitigate them. Chivalry in that age re-appeared on the banks of the Tagus, with all the ſplendor which adorned her birth in France and in England.’ It was this ſpirit that ſupported them to perſevere nearly ſeventy years in their attempts to find a way by ſea to the Eaſt Indies; the diſcovery of which has been of ſuch important conſequence to ſcience and commerce. The age of Edward the Third was the moſt brilliant period of chivalry in England; it diſplays a multitude of objects, which muſt even now be ſurveyed with admiration, and which we might ſearch for in vain in thoſe which preceded, and in many which followed it. The ſpirit of chivalry, indeed, is not to be regarded in all its parts with a moral, but only a political and relative approbation. It may be highly ſerviceable in an age of barbariſm, or in a commercial period in which luxurious manners and ſelfiſhneſs threaten to become univerſal. In each, it is a remedy to ſome, and a counter poiſon to others of its prevailing vices.

[44]
*
Letters on the French Revolution, p. 112, 113. 4th edit.
Hurd's Hor. v. iii. p. 216.
Prieſtley's Letters to Mr. B. 3d edit. p. 28, 29.
§
Hiſtoire Philoſ. et Polit. Amſterdam, 1770, t. 1. p. 78, 79.
*
Hume's Hiſt. vol. iii. p. 7, 8.
*
Hume's Hiſt. v. 3. p. 7, &c.
Foulis, Hiſt. of Plots, p. 129.
*
Second edition, p. iii.
*
Transferrable, by ſale or deed, from one owner to another.
Appendix, No. II.

The clergy eſteemed it deſpoiling the Church, to manumit their villeins regardant, of whom ſome few were left at the Reformation; but the queſtion is here of villeins in groſs, or the extent of perſonal ſlavery.

*
Appendix, No. II.
*

Further particulars of this inſurrection are given in the APPENDtx; theſe diſorders having paſſed into Germany, and thence hither.

*
Bakers Chronicle.
*
New Annual Regiſter, 1792. Hiſ. p. 158.
Moores Journal, v. 2. p. 614.
*

The period when this accuſation was with certainty applicable to the Parliament of 1640 has been before fixed. It was when they demanded the military force of the kingdom ſhould be put into their hands by law, after they had obtained a Conſtitution of Government more popular than that delineated by the Bill of Rights.

*

Coke's Detection, v. 1.132. Hume, v. 6. p. 348. Coke, p. 156, repeating the ſame words, adds, ‘which paſſage Mr. Whitlock, in his Memoirs, p 43, has left out.’ It is however cited in a public declaration of the Univerſity of Oxford, "Reaſons, &c. againſt the Covenant 1647," June 1, page 6.

Baker's Chronicle, p. 508.
*
Hume, v. 6. p. 302, 303.
*
Great Accuſer caſt down, p. 40, 43. See Clergyman's Vade Mecum, preface, p. 63, 64, 65. 3d edit. 1723.
*

A Party, or ſection of a Party, is, ſaid perſonally to interpoſe in the State, when they aſſume functions contrary to the ſpirit of the laws; as when they attempt to overawe the Legiſlature, or aſſume legiſlative power; or when a conſtituent part of that power aſſumes to be the whole. This is oppoſed to their action or interpoſition, actording to the cuſoms or Letter the Conſtitution of Government.

*
Hiſt. v. 6. p. 339.
Coke, v. 2. p. 79.

Walker's Hiſtory of Independency, part 2, p. 30. From Sedgwick's Juſtice upon the Army's Remonſtrance. I copy this from a quotation. I conclude the Council to have been that held at Wallingford Houſe.

*

Thurl [...]e's State-Papers, v. 6. p. 20.37, 38. Many will think, perhaps, ſuch atrocious plans were never agitated in Britain; the following well-authenticated anecdote, joined with the manner in which it is related, ſhows this ſuppoſition not to be founded. It has been before noticed, that the father of Coke the hiſtorian was a leading Member of the Long Parliament. He was expelled the Houſe as a Malignant, and afterwards engaged in a plot againſt the Protector, to which the brother of the Writer, ‘young, (about 19 years old,) raw, and of little experience,’ was privy. The father and the youth were both ſeized at Yarmouth: the latter ‘confeſſed all he knew to the Governor: it ſeems they had put burning matches between his fingers;’ (v. 2. p. 55.) that is to extort evidence from him againſt the life of his father. But this fact Coke paſſes over without the leaſt observation of its being a tyrannical cruelty, either ſingular in itſelf, or even when joined with the conſideration of the rank and youth of the perſon: if it had been extraordinary in either of theſe reſpects, a Writer would have noted that circumſtance, when practiſed upon his brother.

*
Foulis Hiſt. of Plots, p. 82.
*

The deſpotiſm of one over all, may undoubtedly be likewiſe denominated an infinite evil in Society; and no evil to ariſe from the hazard of life, in fair war, is equal to any individual's private ſhare thereof. But mathematicians have made a diſtinction in the orders of infinites; they have their firſt, their ſecond, and higher orders. While the tyranny of a Deſpot is of the firſt or lower order, that of Anarchy reſembles the ſecond. As I have borrowed their mode of argument hare, and they are the legiſlators of their own terms, they muſt be uſed. It might otherwiſe have been ſaid, that the deſpotiſm of an individual is an evil of an indefinite magnitude; ſuppoſing the Tyrant only to will, and his ſatellites to be his paſſive inſtruments. Yet, in this caſe, let there be 100,000 inhabitants in a State, each of them has the unlimited will of one only to apprehend; but let the Society be ſtung into a ſtate of anarchy, every man now will have 99,998 tyrants more.

*

This point is capable of being decided with preciſion from Pariſh Regiſters, which give the proportion of illegitimate births to the whole number. In a R [...]giſter lately inſpected on the ſubject of population, this proportion was ſound increaſing, with ſome equality, throughout the whole of the preſent Century, divided into convenient equal periods; and that in the firſt period, of a certain number of births, ten were illegi [...]mate; and, in the laſt, of the ſame number, there were 164 ſuch birth, or they were mereaſed in the proportion of ſixteen to unity. Before this examination it would not have been judged that the reſult of it, inſtituted in the adjacent pariſhes, or in the ſan [...] part or the kingdom, would have [...] a [...] alarming appearance.

*

Hume, v. 6. p. 421. He there adds, ‘The infuſion of one ingredient in too large proportion had corrupted all theſe noble principles, and converted them into the moſt virulent poiſon.’ This may be underſtood by ſome to mean Puritanical fanaticiſm, but I think erroneouſly; as it has been ſhown, on his own authority, that the majority of the nation were not Puritans. The paſſage ſeems to ſuggeſt nothing more or leſs than a principle of Mr. Hume's heterodoxy in natural religion; that there was too great a quantity of religious zeal then in the national character. But I believe there was nothing of the gloom of ſuperſtition which clouded over the manners of the great majority of the nation, or the Eſtabliſhed Church at that time.

*

It is admitted, that the Conſtitution has been gradually ameliorated; bits it may be made a queſtion upon this admiſſion, how theſe ameliorations have been obtained? The courſe has generally been, that Kings, at different times, have granted beneficial laws and franchiſes to the people; ſometimes ſpontaneouſly, as that great founder of the Engliſh Juriſprudence, Edward the Firſt; ſometimes to attach the people to their titles when doubtful—thus Henry the Firſt granted a Charter, rather more full than Magna Charta, and the origin of it; and at other times by a tacit or more expreſs contract for a large ſupply, as the Petition of Rights. The enjoyment of theſe franchiſes, in act and effect, has been, at different times, ſecured by Defenſive Aſſociations. It is the felicity of this kingdom that they were ſo obtained; but it is not meant at a proof that all other modes of obtaining them are criminal.

*

‘A Declaration of the motives of the Club in recommending this Aſſociation, was read by Mr. Mackintoſh, and unanimouſly approved of.’ (Introduction, p. 3.) The eminence of Mr. M. among our Political Writers, impreſſes me ſtrongly with the belief that he was the Author of the Declaration which he read: his public act however proves it could contain nothing repugnant to his avowed political principles. As I have not his book, I ſhall tranſcribe ſome part of what Dr. Parr has ſaid of his writings: — ‘In Mackintoſh I ſee the ſternneſs of a Republican without his acrimony:’ but this may probably deſcribe only the character of his ſentiments on abuſes of power. The Doctor pronounces an "unqualified negative" on his opinion that ‘the exiſtence of ranks is repugnant to the ſocial union:’ from this we know what he muſt think of an Hereditary Senate, or Houſe of Lords, in a State. And in the concluſion of his critique on his work, Dr. Parr lays down a further capital point of difference between himſelf and Mr. M. in theſe words:— ‘I prefer two independent Houſes, for legiſlative deliberation, to one; and that in a King with the ſubſtance of the executive power, will be found a better guardian of the public weal, than in the mockery of a pageant King with little more than the ſhadow.’ Theſe extract will not be ſuppoſed to be an inimical account of Mr. Mackintoſh's Principles of Government; as Dr. Parr, in a note, applies to him what Cicero ſaid of Hortenſius-Quinti Hortenſii admodum adoleſcentis ingenium, ut Phidiae ſignum, ſimul adſpectum et probatum eſt.

*

The stability of ſuch a ſyſtem, compared with that of the Engliſh Conſtitution, has been very well illuſtrated by that of is ‘a two footed ſtool’ and a "tripod." Sec Dr. W. Thomſon, in Dr. Parr's Sequel, &c. p. 177.

*
Moores Journ. & 1793, v. I. p. 110, 111.

It is evident ſuch a ſuperintendence, wherever eſtabliſhed, muſt grow up into ſubſtantial cont [...]oul on Government in general: the ſame power muſt produce the ſome effects in every country: even at leaſt a Perpetual Aſſembly of Delegates would have deſtroyed the Conſtitution, by conſtituting an effective Fourth Eſtate of Parliament.

*
Britiſh and Foreign Hiſt. p. 133.
*

Lawful (i e.) in ſoro conſcientiae; recognize the right of reſiſtance in expreſs terms; as the Managers for the Commons ſtrongly aſſerted. Indeed, that a caſe ſhould be eſtabliſhed by Law, in which Law is to have no force, is a contradiction in terms.

*
Hume, v. 3. p. 25. note, and Appendix, No. I.
*
Continuation, p. 77.1651.
*
Continuation, p. 76.1651.
*
Journ. v. 1. p. 119. See alſo p. 50 & 01.
Page 8.
*
Burnet's Occaſional Sermons, preface, p. 20.
*
De Jure Bel. & Pac. l. 2. c. 9. ſ. 8.
*
Appendix, No. V.
*
V. 4. c. 85.
I find the clauſe to have been ſo denominated at the trial of Lord Strafford, Bak. Chron.
*
Bacon's Continuation of Diſcourſes, v. 5. p. 78. 1651.
Hiſt v. 3. p. 24, 25. note.

The following account of this ſalvo is extracted from Lane's plea for Lord Strafford, before the Houſe of Lords (See Baker's Chronicle): Firſt, As to the practice upon it: ‘According to this reſervative, in the eighth year of Richard the Second one charged before the King's Bench was afterwards referred to the Parliament; and there, though the fact was not contained in the body of the ſtatute, yet, becauſe of the proviſo before mentioned, it was adjudged treaſon.’—In the eleventh year of the ſame king, the Duke of Ireland, and Nevil Archbiſhop of York, were impeached of high treaſon by Glouceſter, Arundel, and Warwick; and, notwithſtanding the ſtatute, convicted thereof by the ſalvo: but in his twenty-firſt year the ſentence was reverſed, and thoſe three Noblemen themſelves were adjudged traitors. In the reign of his ſucceſſor the repeal was repealed (1. H. 4.), and the ſentence on the three latter Noblemen, in its turn, reverſed. ‘Such were the toſſings to and fro of treaſon; and all becauſe of that uncertain proviſo.’ All the confuſion of the law of treaſon at this time appears to have ariſen from its operation. I diſcover no veſtige at this time of any new treaſon having been declared; nothing of the kind could be wanted for any purpoſe of oppreſſion. We come now to the ſentiments of our anceſtors thereon, after they had, for a certain period, experienced its effect when put in force.

In the Parliament of the firſt year of Henry the Fourth, ‘a Petition was preferred by the Nobility to have treaſon limited within ſome ſtatute, becauſe they knew not what to ſpeak, or what to do, for ſear thereof: and [...]n cap. 10. an Act was made upon this Petition, that the ſalvo ſhould be holden repealed in all times to come.’‘And it is ſaid in the records, that there was great joy at the making of this Act, in that the drawn ſword hanging over every man's head by this ſlender thread of a conſequence or illation, was removed by that Act.’ We ſhall ſee afterward; contrary to what was then urged by Lane, that this ſalvo was re-enacted before the year 1531.

*
Com. v. 4. p. 75. et Sp. L. l. 12. c. 7.
Hiſt. Reſ. Abridgment, p. 78.
Com. v. 1. p. 58.
E [...]p. des L. l. 29. c. 17.
*
Hume, v. 3. p. 23.
Walpole at the Trial of Sacheverel.
*
Bl. Com. v. 4. p. 85.
Bl. Com. v. 1. p. 68.
Ib. p. 70.
Burnet in Burke's Letter to a Member, &c. p. 16.
*
Hiſt. v. 2. p. 413.
V. 2. p. 503.
Ib. 423.
Ib. 413.
§
Ib. 506.510.
V. 6. p. 254.
*
Bl. Com. v. 1. p. 140.
Hume Hiſt. v. 3. p. 5. on wools, wool-fells, and ſkins.
Ib. p. 4.
Hume, v. 2. p. 414.
§
On the qualified Exportation of Wool diſcuſſed hiſtorically, p. 9.
*
Qual. Export. of Wool, p. 6, 7. 9.
Biog. Brit. art. "Clarke."
*
Hume's Hiſt. v. iii. p. 8.
*

Hume, v. vi. p. 402, affirms, that an Act of oblivion had paſſed. The public Acts of the Long Parliament, which received the royal aſſent, are in number nineteen: their titles are now lying before me. There is no ſuch Act of oblivion among them. The title of the 10th is, "An Act for Confirmation of the Treaty of Pacification between England and Scotland, with Commiſſions and Articles thereupon." If this Act had contained ſuch a clauſe of oblivion and indemnity, it would have been recited in a title which particularrizes commiſſions and articles. It contained, indeed, "A Proviſion for the Security of his Majeſty's Party in Scotland, in reference to all former troubles, excluding only the Scotch Biſhops and four more of that nation," Heylin's Life of Laud, p. 466. But this does not amount to an indemnity for treaſons committed in England. If a law was paſſed for that purpoſe, Hume does not mention this remarkable Act in its proper place. He might be led into error by ſuppoſing the thanks of the Houſes to the Scots for their brotherly aſſiſtance to be a virtual Act of oblivion for their inviters. Beſides, if the King had paſſed an Act of indemnity, is it probable that he would have attempted to bring the five Members to a trial, who might have pleaded it, or that the Commons would not have reproached him for an attempt to violate an Act to which he had given his aſſent?

Corneille, Cid.
Preuves irreſiſtibles, Count L. T. p. 337.
*
Eſſay Hiſtor. p. 402.
Hume, vol. vi. p. 359.
*
Heylin's Life of Laud, p. 499.
Baker, 514.
*
Biog. Brit. Cromwell, v. iv. 479. from Clarendon.

They took arms againſt the King to wreſt the militia from him. This would have deſtroyed the Conſtitution then exiſting: but this Conſtitution was, in principle and powers, much more popular than that defined by the Bill of Rights, as will be particularly ſhewn in the next article.

*

From the time of the invitation of the Scotch to enter into England in 1639, to the time the bill for the militia was brought forward, a complete revolution in the Conſtitution of our government had taken place. It may be of uſe to compare it with that of 1688, as to its neceſſity, the means by which it was effected, and its magnitude. The meaſure of the neceſſity of each ſeems equal or nearly ſo. Charles endeavoured to rule without Parliaments Some foreign ſovereigns had ſucceeded in annihilating ſimilar aſſemblies, by bringing them into diſuſe. James copied in part the policy of Auguſtus to enſlave the Romans, veiling abſolute power under old names revered in times of liberty. He did not attempt to annihilate Parliament, indeed, but he endeavoured to get into his hands the effective nomination of four hundred and twenty-one members* of the Houſe of Commons; ſo deſtroy the eſſence, while he kept up the appearance and forms, of the popular branch of the Conſtitution. I ſhall now give a brief view of the means by which theſe two Revolutions were effected. The authors of the Revolution of 1688 invited a foreign army to their aſſiſtance; of a Proteſtant nation, the natural and old allies of the kingdom, under the huſband of a princeſs claiming to be preſumptive heireſs of the Crown. The neceſſity fully juſtified this meaſure; but under theſe circumſtances it appears ſtronger than the invitation to the Scots in 1639; for, though their army may he regarded as foreign, they were ſubject [...] to the ſame King, not to inſiſt on another point of difference; it appears therefore that in this reſpect the calling in of the Scots upon the exiſting neceſſity was likewiſe fully juſtified, and moreover by that of the ſubſequent invitation of the Prince of Orange. The magnitude of the two Revolutions are compared in the next article, wherein it is ſhewn, that before the claim of the militia in 1641, the Conſtitution had been rendered in principle and effect more popular than by the Bill of Rights; it was therefore not more conſtitutional at that period in the Parliament to take arms, ſtill further to increaſe the popular power in the Conſtitution, than it would have been, immediately after the paſſing of the Bill of Rights, for the party who invited over the Prince of Orange to have involved the nation in a civil war, to have reduced the kingly power of William to much narrower limits than thoſe defined by that great declarative law.

*
Defence of the Letter attributed to Mr. Reeves, p. 72.

Pym ſaw the expedience of this. He had been made Chancellor of the Exchequer, and declared that he had found effective ways and means to make a conſiderable augmentation to the revenue of the Crown; but the price he ſet upon his ſervice was the head of Strafford. Vi [...] de St. Compte L. T. 355.

*
Black. Com. v. i. p. 153.
*
Black. Com. v. i. p. 135.
*
Neale's Hiſtory of Puritans, v. iii. p. 106. from Grey's Examination, p. 119.
*
Ludlow, v. 1. p. 196. from the MSS. of Sir J. B.
Hume, v. vii. p. 82.
Ibid. p. 89.
*

Hume, v. vii. p. 90. I conſider this expedition of Joyce's as partaking more of the nature of a reſcue than an impriſonment, yet not completely ſuch. The King actually refuſed to be conducted by Fairfax to his former quarters. The views of Joyce probably varied perpetually with thoſe of his employers, who though intent, at this inſtant, upon reſtoring the King, were afterward, the perſons who-procured his death. But if Joyce had been conſtant in his enmity to him, their intentions could not have been more impenetrably veiled than by employing him in this ſervice.

Ludlow's Memoirs, v. i. p. 200.
Whitlock's Memoirs, p. 259. Biog. Brit. Cromwell, p. 489
Colonel John Cromwell, in the Dutch ſervice. Biog. Brit. Cromw. Note S.
Ludlow, v. i. p. 199.
**
Hume, v. vii. p. 101.
††
The gregarian ſoldiers and groſs of the army is well affected to him, though ſome of the chiefeſt commander he ſtill avers." Howel's Letters, v. ii. Letter I. Date, January 20, 1646.
‡‡
Ludlow, v. i. p. 203.
‖‖
Ibid. 1. v. i. p. 2 [...]8.
*
Ludlow, v. 1. p. 229.
Life of O. C. p. 104.
Ludlow, v. 1. p. 230.
*

"In both theſe great events, the Reſtoration and Revolution (ſays Sir Joſeph Jekyll), were the regal power and the rights of the people recovered." (Trial]. James, by ſubſtituting a power not regal but deſpotic, in the place of regal power, ſuſpended its preſent, and endangered its future exiſtence.

*

The ſpirit of certain meaſures purſued by the majority of the Commons in the firſt Parliament of William and Mary has been explained in the Defence of the Letter attributed to Mr. Reeves, p. 72. note.

Guicciardini mentions her only by the name of a Bertramiglia; a name, I ſuppoſe, of contempt, given her by the party of Ferdinand in Spain, and derived from that of her putative father.

*
Univ. Hiſt. v. 17. p. 270.
Coke's Detection.
*
Univ. Hiſt. v. 17. p. 270.
Dalrymple, p. 2. 61.
Guicciardmi Venet. 1568, p. 170 a.
§
Univ. Hiſt. v. 27. p. 321. l. 1. p. 343. l. 10.
Ib.
*
Hiſtory of Plots. p. 129.

This rebellion commenced when Charles of Spain, who became Emperor of Germany under the name of Charles the Fifth, came to the Throne. And there is much apparent connection, both in time and principle, between this and an inſurrection which broke out in his Imperial dominions; that of the Anabaptiſts, which deſolated ſeveral parts of Germany from 1524 to 1536, in which year Munſter was reduced.

Some particulars relating to this inſurrection of the Anabaptiſts are connected with the ſubject of this Tract; and I ſhall give them here, having omitted them in their proper place. Luther wrote his book De Libertate Chriſtiana (On the Liberty of a Chriſtian) in 1520. In this work, in a rhetorical flight which might have been very well ſpared, he lays it down as a propoſition, that a Chriſtian man is maſter of everything, and is ſubject to no one. (Bayle, art. "Anabaptiſts."). The utmoſt fault of this perhaps is, that he attempts to give a falſe elevation to the character of Chriſtianity, by one of the ambitioſa ernamenta, the high-ſounding principles of the Stoles, without ſufficiently limiting his meaning. The inſurrection in the Emperor's dominions in Spain muſt have excited much ferment in the ſpirit a of the lower order of men in Germany. This facilitated the reception of the interpretation Muncer and his aſſociates gave to this propoſition of Luther. When theſe incendiaries founded upon it the unqualified rights of the Equality of Man, Luther acted againſt them with ſingular zeal. The confuſions raiſed by the Anabaptiſts in the Empire are entirely aſcribed by the Romaniſts to the fermentation of the minds of the people of the [...]ower orders in Germany occaſioned by the Reformation. It is much more properly to be called a diſeaſe of the times, as it broke forth firſt in a country where the faith of the Roman Church had not been attacked, and was excited there by the preaching Friars and Monks. Howell, Hiſt.Lewis XIII. p. 128). Everything ſhews us the migrating nature of theſe principles. After having made their firſt appearance in Spain in 1519, their ſecond in Germany in 1524, and been ſubdued there in 1536, they re-appeared in England in 1549, in the reign of Edward the Sixth. Good ſeldom comes unmixed. With the truths of the Reformation we were ſo unfortunate as to import ſome of the political fanaticiſm of Muncer, Storch, and Stubner. This likewiſe furniſhes another inſtance, in addition to the inſurrection under Wat Tyler, that it is the nature of this contagion, when it is brought out of one country into another, to lie dormant for ſome years before it breaks out; the eruption has always been unprovided for and unexpected. Hence, in all inſtances of this kind, we ſee the neceſſity of a long continued vigilance againſt [...]. in the leſt ſection but one of the Eſſay, mention has been made of the [137]commotions which broke out in England in 1549: their origin ought to have been traced back to the Continent.

Notwithſtanding the length this rote has run to, I muſt make the following addition to it. In the ſecond Article of the Appendix it is obſerved, that the inſurrection under Wat Tyler in England, in imitation of that of the Jacquerie in France, prolonged the ſemi-barbariſm of Europe between two and three centuries. And in like manner, the principal cauſe which hindered the Reformation being univerſal in Chriſtendom, involved its profeſſors in ſo many perſecutions, and cauſed ſo many religious wars, appears to have been the fanaticiſm of Equality which diſgraced it almoſt at its firſt appearance in Germany. "Nothing," ſays Guicciardini, ‘has ſo much reſtrained its courſe as the diſcovery that the followers of this doctrine were not leſs hoſtile to the power of Princes than to the authority of the Roman Pontiff: by which it has happened, that many Princes have been induced by their intereſt to prohibit the entrance of this contagion into their kingdoms with vigilance and ſeverity.’ Lib. 13. p. 380. This hiſtorian died in the ſpring of the year in which Calvin was eſtabliſhed in Geneva. This jealouſy of which he makes mention muſt have ariſen ſolely from the commotions of the Anabaptiſts in Germany; as thoſe of France, the Low Countries, and Scotland, did not take place until about twenty years after his death.

[136]

Bayle, art. Padilla, remark E. The accuracy of this formulary may be depended upon; he informs us, it is tranſlated "word for word." The Biſhop of Zamora alſo declared their cauſe to be juſt and their pretenſions holy. Ib. [...]em. C.

The rebels in Valentia were ‘reſolved to deſtroy all the Gentry; which occaſioned a hat-maker's wiſe, in St. Catherine's ſtreet, in the ſame city, ſeeing ſome gentlemen go by, to ſhew them to her children; and they aſking the reaſon, ſhe replied, Becauſe when you come to be men, you may ſay that you have ſeen gentlemen.’ (Los Cavaileros, Cavaliers.) We ſee this term had been applied to mark out the objects of popular outrage before 1641. Foulis, p. 130. from Sandoval, l. 6. ſ. 20 Of the indiſcriminate plunder we have a proof from a diſcourſe of the Biſcayan Prieſt mentioned above to his pariſhioners: he altered his ſentiments of the holineſs of the ſedition after a viſit from the inſurgents. Brantome, Bayle, and Foulis, have each quoted it at length from Sandoval.

*
Sir Joſeph Jekyll.
P. 71, 72. 73, 74.
Distributed by the University of Oxford under a Creative Commons Attribution-ShareAlike 3.0 Unported License

Citation Suggestion for this Object
TextGrid Repository (2020). TEI. 3801 An historical essay on the principles of political associations in a state in a comparative view of the associations of the year 1792 and that recently instituted by the Whig club By the Rev J. University of Oxford Text Archive. . https://hdl.handle.net/21.T11991/0000-001A-57A9-4