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holding those 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 some man for his indiscretion 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 you pleafe, afferting popular privileges, has led to difqualification; the oppofite fault never has produced the slightest punishment. Refiftance to power, has fhut the door of the Houfe of Commons to one man; obfequiousness and fervility,

if

to none.

Not that I would encourage popular disorder, diforder. But I would leave fuch offences

or any

to the law, to be punished in measure and proportion. The laws of this country are for the most part constituted, and wisely 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 public truft, or not acting merely in that truft, is liable to be more or lefs out of the ordinary courfe of the law; and the law itfelf is fufficient to animadvert upon it with great feverity. Nothing indeed can hinder that fevere letter from crushing us, except the temperaments it may receive from a trial by jury. But

if

if the habit prevails of going beyond the law, and fuperfeding this judicature, of carrying offences, real or fuppofed, into the legiflative bodies, who fhall establish themselves into courts of criminal equity (fo the Star Chamber has been called by Lord Bacon), all the evils of the Star 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 an Houfe of Commons, or an Houfe of Lords; the liberty of the subject will be equally fubverted by it. The true end and purpose of that House of 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 punifhed 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, Icould 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 slightest animadverfion; I must confider this as a shocking and shameless pretence.

Never

Never did an envenomed fcurrility against every thing facred and civil, public 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 fkulks in an obscure and contemptible impunity. Does not the publick behold with indignation, perfons not only generally fcandalous in their lives, but the identical perfons who, by their fociety, their instruction, 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 beftow? Add but the crime of fervility (the fadum crimen fervitutis) to every other crime, and the whole mass 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 spirited difpofitions which are blended with his vices; for his unconquerable firmnefs, for his refolute, indefatigable, ftrenuous resistance against oppreffion.

In this cafe, therefore, it was not the man that was to be punished, nor his faults that were to be

discoun

discountenanced. Oppofition to acts of power was to be marked by a kind of civil profcription. The popularity which fhould arife from fuch 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 error irretrievable. The qualities by which court is 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, must 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 pursuit of popularity expose 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 muft 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 most gentlemen, the means of growing, by innumerable petty fervices to individuals, into a spreading interest 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, ecclesiastical, or civil, or military, or naval, for children, or brothers,

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In vain an expiring

brothers, or kindred. 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 kindness, and even of public fpirit. He can 'procure indemnity from quarters. He can procure advantages in trade. He can get pardons for offences. He can obtain a thoufand favours, and avert a thousand evils. He may, while he betrays every valuable interest of the kingdom, be a benefactor, a patron, a father, a guardian angel, to his borough. The unfortunate independent member has nothing to offer, but harth refufal, or pitiful excufe, or defpondent representation of an hopeless intereft. Except from his private fortune, in which he may be equalled, perhaps exceeded, by his Court competitor, he has no way of fhewing any one good quality, or of making a fingle friend. Int the House, he votes for ever in a difpirited minority. If he speaks, the doors are locked. A body of loquacious place-men go out to tell the world, that all he aims at, is to get into office. If he has not the talent of elocution, which is the cafe of many as wife and knowing men as any in the Houfe, he is liable to all thefe inconveniencies, without the eclat which attends upon any tolerably fuccefsful exertion of eloquence. Can we conceive a more difcouraging poft of duty than this? Strip it of the poor reward of popularity; fuffer even the exceffes committed in defence

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