The favour of the people might lead even to a difqualification of reprefenting them. Their odium might become, ftrained through the medium of two or three conftructions, the means of fitting as the trustee of all that was dear to them. This is punishing the offence in the offending part. Until this time, the opinion of the people, through the power of an affembly, still in fome fort popular, led to the greatest honours and emoluments in the gift of the crown. Now the principle is reverfed; and the favour of the court is the only fure way of obtaining and holding thofe honours which ought to be in the difpofal of the people. It fignifies very little how this matter may be quibbled away. Example, the only argument of effect in civil life, demonftrates the truth of my propofition. Nothing can alter my opinion concerning the pernicious tendency of this example, until I fee fome man for his indifcretion in the fupport of power, for his violent and intemperate fervility, rendered incapable of fitting in parliament. For as it now ftands, the fault of overftraining popular qualities, and, irregularly if you pleafe, afferting popular privileges, has led to difqualification; the oppofite fault never has produced the flighteft punishment. Refiftance to power, has fhut the door of the houfe of commons to one man; obfequioufnefs and fervility, to none. Not that I would encourage popular diforder, or or any diforder. But I would leave fuch offences to the law, to be punished in measure and proportion. The laws of this country are for the most part conftituted, and wifely fo, for the general ends of government, rather than for the prefervation of our particular liberties. Whatever therefore is done in fupport of liberty, by perfons not in publick truft, or not acting merely in that truft, is liable to be more or lefs out of the ordinary course of the law; and the law itself is fufficient to animadvert upon it with great feverity. Nothing indeed can hinder that fevere letter from crufhing us, except the temperaments it may receive from a trial by jury. But if the habit prevails of going beyond the law, and fuperfeding this judicature, of carrying offences, real or fuppofed, into the legislative bodies, who fhall establish themselves into courts of criminal equity (fo the ftar chamber has been called by Lord Bacon), all the evils of the ftar chamber are revived. A large and liberal conftruction in afcertaining offences, and a difcretionary power in punishing them, is the idea of criminal equity; which is in truth a monster in jurifprudence. It fignifies nothing whether a court for this purpose be a committee of council or a houfe of commons, or a houfe of lords; the liberty of the fubject will be equally fubverted by it. The true end and purpofe of that house of parliament parliament which entertains fuch a jurifdiction will be destroyed by it. I will not believe, what no other man living believes, that Mr. Wilkes was punished for the indecency of his publications, or the impiety of his ranfacked clofet. If he had fallen in a common flaughter of libellers and blafphemers, I could well believe that nothing more was meant than was pretended. But when I fee that, for years together, full as impious, and perhaps more dangerous writings to religion and virtue and order, have not been punished, nor their authors discountenanced; that the most audacious libels on royal majefty have paffed without notice; that the most treasonable invectives against the laws, liberties, and conftitution of the country, have not met with the flighteft animadverfion; I muft confider this as a shocking and shameless pretence. Never did an envenomed fcurrility against every thing facred and civil, publick and private, rage through the kingdom with fuch a furious and unbridled licence. All this while the peace of the nation must be fhaken, to ruin one libeller, and to tear from the populace a fingle favourite. Nor is it that vice merely skulks in an obfcure and contemptible impunity. Does not the publick behold with indignation, perfons not only generally fcandalous in their lives, but the identical perfons perfons who, by their fociety, their inftruction, their example, their encouragement, have drawn this man into the very faults which have furnished the cabal with a pretence for his perfecution, loaded with every kind of favour, honour, and diftinction, which a court can bestow? Add but the crime of fervility (the fœdum crimen fervitutis) to every other crime, and the whole mafs is immediately tranfmuted into virtue, and becomes the juft fubject of reward and honour. When therefore I reflect upon this method purfued by the cabal in diftributing rewards and punishments, I must conclude that Mr. Wilkes is the object of perfecution, not on account of what he has done in common with others who are the objects of reward, but for that in which he differs from many of them that he is purfued for the fpirited difpofitions which are blended with his vices; for his unconquerable firmnefs, for his refolute, indefatigable, ftrenuous refiftance against oppreffion. In this cafe, therefore, it was not the inan that was to be punished, nor his faults that were to be discountenanced. Oppofition to acts of power was to be marked by a kind of civil profcription. The popularity which should arise from such an oppofition was to be fhewn unable to protect it. The qualities by which court is made to the people, were to render every fault inexpiable, and every errour irretrievable. The qualities by which court is made made to power, were to cover and to fanctify every thing. He that will have a fure and honourable feat in the house of commons, muft take care how he adventures to cultivate popular qualities; otherwife he may remember the old maxim, Breves et infauftos populi Romani amores. If, therefore, a purfuit of popularity expofe a man to greater dangers than a difpofition to fervility, the principle which is the life and foul of popular elections will perish out of the conftitution. It behoves the people of England to confider how the house of commons, under the operation of these examples must of neceffity be constituted. On the fide of the court will be, all honours, offices, emoluments; every fort of perfonal gratification to avarice or vanity; and what is of more moment to moft gentlemen, the means of growing, by innumerable petty fervices to individuals, into a fpreading intereft in their country. On the other hand, let us fuppofe a perfon unconnected with the court, and in oppofition to its fyftem. For his own perfon, no office, or emolument, or title; no promotion ecclefiaftical, or civil, or military, or naval, for children, or brothers, or kindred. In vain an expiring intereft in a borough calls for offices, or fmall livings, for the children of mayors, and aldermen, and capital burgeffes. His court rival has them all. He can do an infinite number of acts of generofity and kindnefs, and |