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"TT 
 
 w 
 
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 'f-' 
 
 t 
 
 «f*.' 
 
 R E P L Y 
 
 T O T H E 
 
 DEFENCE 
 
 V O F T H E 
 
 MAJORITY, 
 
 O N T H E • 
 
 (QUESTION 
 
 RELATING TO 
 
 GENERAL WARRANTS. 
 
 .t'Sff- >v. 
 
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 (2SW«..; 
 
 
 
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 LONDON: 
 
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F 
 
 ■■■iicTia.. 
 
 
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 R E P L Y 
 
 T O T H E 
 
 DEFENCE of the MAJORITY. 
 
 J 
 
 -ru f 
 
 ') 
 
 W^Sl^^^ H E Spirit and Eloquence 
 g^^^i^g which are fo juftly attri- 
 )e()8^ '^ P5S buted to the Defence of the 
 i?^^w^§ Minority have drawn forth an 
 aLMMMMjiji anfwcr, that is written in a 
 Language of Plaufibility, Refinement, and 
 Addrefs : But, let the Rank and Situation 
 of its Author be what they will, he has laid 
 Himfelf open to the Cenfure or Approba- 
 tion of the Public; and, muft therefore. 
 Pardon the Freedom witli which I (hall pre- 
 fume to remark on his perfonal Candor, as 
 well as enquire into the Truth of his Alicr- 
 tionsand the Fairnefsof his Argument. 
 
 B 
 
 Before 
 
( 6 ) 
 
 
 Before I proceed, it may not be impro- 
 per, to bring our Attention to the Ground 
 on which the Rcfohition, that was the Sub- 
 jed of Debute lull ScHlon, and is dill the 
 great Objed: of Difcuflion, was firll moved. 
 
 Mr. Wilkes, then a Member of Parlia- 
 ment, complained of a Breach of Privilege, 
 in the violent and unlawful Manner in which 
 his houfe had been broke open, his Perfon 
 and Papers feized ; but being expelled, be- 
 fore his Complaint was heard, it could not 
 be profecuted in his own Name and Perfon : 
 But a Violation of the Privilege of Parlia- 
 ment, being an Offence againft Parhament 
 Itfelf, not confined to the Perfon on whom 
 it is committed, though it ceafed to be the 
 Caufe of Mr. Wilkes, it continued to be 
 the Caufe of the Houfe of Commons : As 
 fuch, the Complaint was moved ;-- — as 
 fuch the Houfe received it. 
 
 In contending for the Privilege of Parlia- 
 ment, the Writer of thefe Sheets derires, 
 that He may be underftood to mean. Not 
 that infolent Abufe of Privilege which has 
 made its Name odious, and its Exigence 
 intolerable, by which Members of Par- 
 liament have ufurped a Power of making 
 Themfelves Judges of their own Caufes, 
 
 and 
 
^. > i 
 
 r } 
 
 -as 
 
 (7) 
 
 and Avengers of dieir own Quarrels ;— 
 by which the Courfe of Law and Jullice 
 have been obflru(5ted, jiift Debts wich-hcld 
 from many an unhappy Creditor, and Pro- 
 perty detained from its true Inheritor, 
 
 He begs Leave, to mark outa Diftin6lion 
 between the Privilege ancl Prerogative of 
 Parliament \ defining the one to be the 
 Exercilc of a tyrannous and oppreflive 
 Jurifdidion over the reft of the Subjeds : 
 The other to confiit in that of Protection, 
 which fccures the Rcprcfentatives of the 
 People from the Power of the Crown. On 
 keeping this Privilege facred and inviolate, 
 the Freedom of Parliament, and of con- 
 fequcnce the Being of our Conftitution, de» 
 pends. 
 
 By a late Refolution of both Houfes it 
 was declared, " That there is no Privilege 
 in Cafe of a feditious Libel." This Refolu- 
 tion fubjedsa Member of Parliament to the 
 fame Procefs of Law, that every other Sub- 
 je6t is liable to, in the Cafe of a Libel. But 
 if a Member of Parliament for writing a 
 Libel has been treated in a Manner that the 
 Law does not warrant, there flill mull be a 
 Breach of Privilege.— Wherever the Law 
 has been violated in the Perfon of a Mem- 
 ber of Parliament, Privilege has been violated 
 
 B 2 airo, 
 
nlfo.- 
 
 ( 8 ) 
 ■King Charles id, accufcd five 
 
 Members of Parliament of High Treafon j 
 and, becaiife there is no Privilege in the Cafe 
 of Treafon, he thought he had a Right to 
 fci/.e upon their perfons,— feal up thfir 
 
 Papers, and ufc them as Traitors. But, 
 
 without a legal and well-grounded Charge 
 of Treafon, the Houfe would not fubmit to 
 the Seizure of the Perfons and Papers of their 
 Members : They voted, therefore (before 
 the King came in Perfon to demand them) 
 «* The Sealing up of the latter^ and the 
 Attempt to feize tht former, an high Breach 
 of Privilege." 
 
 I Ihall not compare Mr. Wilkes Himfelf 
 to any of thofe great Patriots ; yet, fo far 
 their Cafes are alike, that the Charge of 
 Treafon was as merely fiftious in one infla.nce 
 as in the ofber. 
 
 It was thought necclTary, therefore, to form 
 the Refolution in the Shape that it appeared 
 on two Accounts : 
 
 In the firft Place, it was proper to declare 
 the Illegality of the manner of Proceeding 
 againft Mr. Wilkes, there being no Privi- 
 lege as to the Matter of a Libel. And, 
 
 Their 
 
1 five 
 afon I 
 s Cafe 
 iht to 
 thfir 
 -Bur, 
 Charge 
 mit to 
 )f their 
 before 
 them) 
 id the 
 Breach 
 
 limfelf 
 
 fo far 
 
 rgc of 
 
 iftance 
 
 :o form 
 peared 
 
 declare 
 ceding 
 Privi- 
 .nd, 
 
 Their 
 
 ■ . (9) 
 
 It 
 
 Their fecond Care was, " That in aflert- 
 ing the Privilege of ParHament, they might 
 provide for the Liberty of the Subjed m 
 general. 
 
 In Piirfuance of thefe Principles the Re- 
 fokition was thus moved by Sir. W. M. and 
 feconded by Sir G, S, 
 
 ** That a general Warrant for apprehend- 
 ing and fcizing the Authors, Printers and 
 Publifhers of a feditious Libel, together 
 with their Papers, is not warranted by 
 Law." 
 
 This was moved as leading to another 
 confequential to it -, " That fuch Warrant, 
 if executed, is a Violation of the Rights of 
 the Subje6l •, and in Cafe of a Member of 
 this Houfe, is a Breach of the Privilege of 
 this Houfe." 
 
 The Fate of the former Qiieftion pre- 
 vented the latter from being formally mov- 
 ed ; but, fo much was the Houfe apprized 
 and poITefTed of the two Refolutions, as 
 connedled and interwoven together, that, 
 although feparated in Fa5t^ it was as ab- 
 furd to feparate them in Idea and in Argu- 
 ment, as to take part of a Sentence and 
 
 argue 
 
( 10 ) 
 
 argue as upon the Whole, when the Whole 
 together bears a Senfe quite different from 
 a l*art. 
 
 In the Courfe of the Debate, indeed, it 
 became necetr.iry to dcrcnd the Jirjl Refolu- 
 tion in its I'cparate State, on its own Bafis. — • 
 On tlie fume Ground it has been the Fafliion 
 
 to write. The Gazetteer of tJic 23d of 
 
 of May, fupprcfT(-s all Mer.tion of Privi- 
 lege. The Defender of the Minority 
 
 is likcwilcpleafed to drop the Confideration 
 ofPiivilege, and juflify the Rcfolution only 
 as it afil'its the Right of the Houfc of Com- 
 mons to decide on the Legality of a Quef- 
 tion, tliat affeds the 1 liberty of the Sub- 
 
 jed. On this Principle he has written 
 
 for the Information of all Ranks of People, 
 with that Spirit and Eloquence with which 
 he pleaded their Caufe in Parliament. And 
 however, his public Merit may be decried by 
 Miniftefs, and the Servants of thofe Mini- 
 fters, who crouch under the fuperiority of 
 his Talents ; yet his Country will rejoice in 
 feeing his brilliant Faculties employed in 
 the Support of Freedom and the Conftitu- 
 tion i after the Example of his illuftrious 
 Anceftor, who joined his virtuous Labours 
 with the Anceftor of a noble Duke, whofc 
 Lofs every hoiicft Heart is now lamenting, 
 in fixing the Sceptre, on a Bafis of Liberty, 
 
 in 
 
 1 
 
I 
 
 in 
 
 ( II ) 
 
 in the Hands of the royal Koufc that no/f 
 polTefs it -, and on the fame Principle let 
 us pray they ever may polTufs it. 
 
 The miniftcrial Writer accufc^s the De- 
 fender of the Minority of mifrcprefenting 
 the Qucilion Himfelf^ after charging the 
 Cn7Mtfcr with the Fault, The Truth is 
 this •,— — The Gazetteer has formed a 
 Queftion of his own, ellentially different 
 from any that was propofcd in the Houfc. — 
 The Defender of i\Yt JMinority has Hated the 
 Quedion exaiflly as it was moved and fecond- 
 td by SirW. M. and Sir G, S. This is the 
 fole Objed of his Attention and Defence. 
 Had he tidcen upon him to juflify the Quef- 
 tion, as it was altered by one of the Ma- 
 jority, to ferve tlie Purpofes of the Leaden 
 of the Majority, he ought to have chani^ed 
 the Title and Tenor of his Performai.re. It 
 would then have been a Defence of the Ma- 
 jority, 
 
 Having dated the Refolution, as ic was 
 firft moved, it now becomes mc to ^iufcribe 
 it with the Amendments (which I rather 
 call Additions) which being (I mud think 
 unfortunately) adopted by Men of great Au- 
 thority, were by common Agreement of 
 Parties made a Part of the Refolution : 
 
 That a general Warrant for apprehending 
 
 and 
 
 (( 
 
 i; 
 
( 12 ) 
 
 and fcizing the Authors, Printers and Pub-' 
 liihers of afeditious [and treafonable] Libel) 
 toyitther with their Papers, is not warranted 
 by Law.'* [Altho* fuch Warrant has been 
 ilTued according to tlie ufage of Office, and 
 hath been frequently produced to, and fo 
 far as appears to this Houfe, the Vahdity 
 thereof, hath never been debated in the 
 Court of King's Bench, but the Parties 
 thereupon have frequently been bailed by the 
 laid Court.] 
 
 I 
 
 At firft, one is at a Lofs to guefs for what 
 End this long Paragraph was added to the 
 Queflion -, but the Defender of the Ma- 
 jority informs u?, " That the Circumftance 
 of admitting to bail, Perfons apprehended 
 under fuch Warrants, is of fuch Importance 
 to the Queftion of the Legality of the War- 
 rants, that in the Opinion of an old and ex-^ 
 perienced Lawyer, who will ever be efteem* 
 ed an Honour to theJ^rofefTion, it implies 
 no Itfs than an Imputation of Perjury to 
 have fuppofed fuch Pradice to have prevail- 
 ed in the Court of King's Bench, unlefs the 
 Legality of the Warrants had at the 
 lame Time been acknowledged by the 
 
 Court." 
 
 * " < ■ ;.j . v 
 
 I don't know who the ancient Lawyer is^ 
 whom the Writer fpeaks of j but (with De- 
 ference 
 
( 13 ) 
 
 ference to his Charafter and Age) he feenis to 
 fco have forgotten (if he ever knew) the Prac- 
 tice of the Courts, in which Queftions of 
 ; this Sort ufually are agicatedo For when 
 I a Prifoher is brotight before them in Order 
 to be bailed j the Court will remand or bail^ 
 according to their ideas cf the Offence 
 1 named in the Warrant of Commitment^ 
 without officiouiiy fcnitinizing either the 
 ; form of the Warranty or the Authority by 
 
 I which it is iffued. When Mr. Wilkes 
 
 was brought by Habeas Corpus before the 
 Court of Common Pleas, Fie was not dif- 
 f charged on Account of the Illegality of the 
 ! Warrant t The Warrant was not then be- 
 i fore the Court : But when He tried his Ac- 
 tion for the falfe Imprifonment, Then tht 
 
 Legality of the Warrant was debated, ' 
 
 then w^ its Illegality declared. 
 
 If then the Purpofe of this Part of the A- 
 
 mendments was to eftablifii an Opinion of 
 
 the Legality of the Warrant, Jt has failed 
 
 I to anfwer even that bad Purpofe. For furcly 
 
 I it can anfwer no good PtSpofe to juftify 
 
 ^fuch a Warrant iti any Cafe but Treafon. 
 
 The other Addition of the Word [trea- 
 I fonable,] was made (it is given out) in Or- 
 der to give the PubliG a true Idea of the 
 Cafe upon which the Queftion was agi- 
 ji^tfed : For the Warrant of Ijord Halifax 
 
 C was 
 

 ( H ) 
 
 was not for a feditiousy but for a feditioua 
 
 and treafonable Libel. But how dr.es the 
 
 Imputation of Treafon give a true Idea of 
 a Cafe in which, in Fa£iy there was no Trea- 
 Jon? A Libel is one Crime, Ireajon is an- 
 other. When once a Writing becomes Trea- 
 fon, it ceafcs to be a Libel, — it is Treafon, — 
 Mr. Wilkes was tried for being the Author 
 and Publilher of a Libel : He was convi6ted 
 of a Libel, not of Treafon. Had he com- 
 mitted Treafon, one cannot fuppofe there 
 would have been a failure of Juftice in pro- 
 fccuting him to the Extent of his Crime, — 
 The North Briton, however, was defcribed 
 in the Warrant " to be a feditious and trech- 
 finable UihtW But is an Epithet infcrtedin 
 a Warrrint to alter the Nature of a Crime ? 
 God forbid I At that Rate an unhappy Vic- 
 tim might be judged, not after the Na- 
 ture of his Crime, but according to the 
 Number and Weight of Accufations with 
 which an Attorney General may be pleafed 
 to load Him. 
 
 I will not, at this Time, point out the 
 fatal Confequcnces of eftablifhing a Powerof 
 
 conftruing and extending Treafon j 1 
 
 will not now rehearfe all the execrable Deeds 
 of Tyranny, which, under this very Power 
 and Dodtrine of conJlruHive Treafon, have 
 been perpetrated in Nations that were once 
 
 as 
 
 , as fr 
 I bold 
 ? fbn, 
 ' fax. 
 Quel 
 ofth 
 
 . putec 
 I thole 
 i the C 
 jifl a 
 I don i 
 j Won 
 ^' Undc 
 theP 
 an A] 
 Powe 
 ibnab 
 undei 
 
 * T 
 
 ' Treafoi 
 
 That 1 
 
 : of his I 
 
 againft 
 
 ho:b H 
 
 \ to give 
 
 fon'mt 
 
 \ their C 
 
 ] laid Cli 
 
 * to be ti 
 
 Lord's 
 
feditious 
 dees the 
 e Idea of 
 no Trea- 
 on is an- 
 nes Trea- 
 reafon. — 
 e Author 
 convidted 
 he com- 
 )fe there 
 ce in pro- 
 Crime. — 
 defcribed 
 and treO' 
 infcrted in 
 a Crime ? 
 ippy Vic- 
 rthe Na- 
 5 to the 
 ions with 
 )e pleafed 
 
 out the 
 Power of 
 
 ►n 5 1 
 
 Die Deeds 
 y Power 
 fon^ have 
 were^ once 
 as 
 
 ." ^^ ( 15 ) 
 
 as free as Great Britain is ; but I fhall be 
 bold to aflert, That as the Charge of Trea- 
 fon, implied in the Warrant of Lord Hali- 
 fax, v/asfalfe, fo the adding of it to the 
 Queftion mud give the Public a /alfg Idea 
 of the Cafe *, 
 
 
 The Defender of the Majority has im- 
 puted every ridiculous and bad Motive to 
 thofe Gentlemen who moved and fupported 
 
 the Queftion. May, I then be forgiven, 
 
 if I allow myfelf to guefs (and I afk Par- 
 don if I am wrong) the Reafon why the 
 Word Treafonable was contended fcr 
 Undoubtedly it gives an Idea of Extent to 
 the Propofition that was never meant j and 
 an Appearance of interfering with aneceflary 
 Power of Government. For, as all trea- 
 fonable Papers may in fome Senfe come 
 under the Defcription of treaibnable Libels, 
 
 * The Earl of Briftol having exhibited a Charge of 
 
 Treafon againft the Earl of Clarendon; alleged. 
 
 That he had endeavoured to alienate the AfFcftions 
 
 of his Majefty's Subjedls.by venting opprobious Scandals 
 
 againft his Majefty's Per/on j and, that he had traduced 
 
 bo:h Hou/es of Parliament ; The Judges were ordered 
 
 ; to give their Opinions ; Whether there be any Tiea- 
 
 T fon in the Charge or no ? They unanimoufly agreed in 
 
 their Opinion, That, if the Matters alleged in the 
 
 ; faid Charge were admitt"-^. to be true, altho' alleged 
 
 to be traitor oufly done, yet, there is no Treafon in it. 
 
 Lord's Journals, 3d July, 1663. 
 
 C 2 a cautious 
 
( i6 ) 
 
 a cautious Miniftcr might think himfelf pre- 
 cluded from iflliing his "Warrant to feize 
 fuch Papers as aftually contain Treafon, and 
 for the Detcdion or Prevention of Treafon 
 ought to be fearched after and feizcd.— — • 
 There were a few then perhaps (?nd a few 
 were worth adding to fo lender a Majori-? 
 ty) that would have confcnted to the Quef- 
 tion, as it firft ftood, who detached Them-, 
 felves from it, when it became fo en-* 
 larged. By this Fineffe, among others, 
 ;he Fortune of the Motion was decided. 
 
 The Defender of the Majority, I prc- 
 fume, therefore, did not think it incumbent 
 \ipon Him to write in Praife of an Expedient 
 that fisms contrived to pervert his own. and 
 the good Intentions of his Friends \ and tQ 
 deprive the Public of a Declaration of Par-? 
 liament that would at Icaft have been a 
 Quids to all future Minifters in the Exer^ 
 cije of a very dangerous difcretionary Powers , 
 
 The Intention of thefe Amendnjehts (i^ 
 is faid) did not efcape the Penetration of 
 Gen. Conway, whofe civil Virtues^ and 
 ^eal for his Country's Liberty are the only 
 waufe we can affign for his Difmiflion : — 
 A pifmiffion that has chara6terized the 
 prefent Adminiftration through every Part 
 of Europe, where the Talents of ^hat 
 
 great 
 
 1 
 
^■' \ 
 
 : 
 
 \ - 
 
 { 17 ) 
 
 great Officer are acknowledged and ad- 
 mired. 
 
 The Defender of the Majority tells us, 
 *' There was but little Neceflity at that 
 Time of examining into a Power which 
 had the Sandtion of uninterrupted Ulage, 
 and which did not appear in the prefcnt Inr 
 fiance to have been abvifed," 
 
 ' That fuch Warrants have z^^^, I admit: 
 That fuch Warrant was ever fo exe- 
 cuted, I utterly deny. The Fafts them- 
 felves Ihall fpeak to the Point of Abufe. — 
 Gn the 26th of April a general Warrant if- 
 fued, to feize the Authors, Printers and 
 Pubhfliers of Number 45 of the North Bri^ 
 ton. Between that Pay and the 29th no lefs 
 than 49 Perfons were taken up j and a- 
 mongft them v'as a reputable Tradef. 
 man, who was taken out of Bed from his 
 
 Wife, bis Child dangeroufly ill in the 
 
 Room ; -his Houfe was thrown into 
 
 the utmoft Confufion, and ranfacked of his 
 Papers : And haying been thus inhumanly 
 ^ized, he was ftill more inhumanly de- 
 tained for three Days, after his Innocence 
 became fully known,— On the 29th, upon 
 the Evidence of Mr. Half and Mr. Kearfly, 
 the Secretaries of State received full anc} 
 compleat Information, that Mr, Wilke^ 
 
 was 
 
 t 
 
(IS) 
 
 was the Author and Publifher of N*. 45, 
 of the North Briton : Still the gei. .Tal 
 Warrant was not withdrawn, but remained 
 with a Gang of MeiTengers to feize Perfons 
 and papers wherever their Inclinations might 
 lead them ; and, by Virtue of this War- 
 rant, on the 30th April, Mr. Wilkes's 
 Houfe was forcibly entered ; — his Doors 
 and Locks all broke open ; his mod fecret 
 i^iid confidential Papers thrown into a Sack, 
 and put into the Hands of common Mef- 
 fi^ngers, without a Schedule or Security for 
 the Recovery of them. Mr. Wilkes was 
 carried before Lord Halifax. His Friends 
 applied for and obtained a Writ of Habeas 
 Corpus •, which was immediately made 
 known at the Secretary of State's Office ^ 
 but, to avoid the Service of the Writ, Mr, 
 Wilkes was hurried away to the Tower 9 • 
 there denied all Accefsof his Friends; de-. 
 barred the Ufe of Pen, Ink and Paper j an4 
 kept in clofer Cuftody than is ufually im* 
 pofed on Traitors ^, :. . ;. 
 
 * There was one Circumftance, which if Decency 
 would allow me to repeat it, might perhaps be laughed 
 at ; but in a ferious and thinking Mind, muft raife 
 many an horrid Idea of obtaining by Violence, and. 
 cxpofmgwith Wantonnefs, a domeftic Secret; fuch aai 
 in many a Family might fow Difcord, entail Difgrace,^ 
 apd plant a Thorn, never to be removed, in the Breaft 
 of a Wife, a' Parent or a Child. (See one of the Notes 
 in Mr. Webb's Publication of general Warrants.) 
 
 A& 
 
( 19 ) 
 
 As the miniflerial "Writer affirms^ 
 There appeared no Abiife of Power in 
 the prcfent Inftance," I Ihould be glad to 
 know what the miniflerial Idea of the Abufe 
 of Power is ! 
 
 (( 
 
 I 
 
 It would be fuperfluous to point out the 
 Confcquences of eftablifhing a Power in 
 Government to fend Meflengers to enter 
 every Man's Houfe, and feize Perfons and 
 Papers, in the Manner that has now been 
 
 praftifed. What private Gentleman 
 
 can think his Property or Reputation fafe, 
 if the Title Deeds, by which he holds the 
 one may be taken away, and every Secret 
 of his Life be expofed to hurt the other ? In 
 what a Situation would the Merchant and 
 and Tradefman be, if their Books,— their 
 Correfpondence, the State of their Cre- 
 dit,-^— the Myfteries of their Trade, were 
 daily liable to be fearched into and ex- 
 pofed ! 
 
 The Defender of the Minority has ftartcd 
 an Idea of the Violence that we have feen 
 praftifed on one Member of Parliament, be- 
 ing cxercifed upon anotbery on whom fuch 
 Violence might be more odious, as to the 
 Per/on, though not more unlawful as to 
 the Matter. His Refpondcnt treats the 
 
 Sup. 
 
 m 
 
 I! 
 
( 40 ) 
 
 Suppolition as a mere Phantom of his Ima- 
 gination ; and very truly; but 'tis Imagi- 
 nation realized : 'What has been done once'^ 
 fubllantiates the Apprehenfion that it may 
 be done again and again. The Appre- 
 henfion reaches to all Ranks and Conditions 
 of Men : Not the Authors and Printers on- 
 ly, but the Publifliers of ^ Libel are all un- 
 der the fame Predicament. He who reads 
 a Libel, and (hews it to his Friend, is, in 
 the Senfe of the Law, as a Publifher of it* 
 feven He who receives it privately, or in 
 a Letter, and does not carry it before a 
 Magiftratei and give Information of whom 
 he had it, is, ih the Judgment of the Law< 
 
 as the Publidier of a Libel. What 
 
 may not be called a Libel, 1 don't know : 
 But every political Paper, that has either 
 Spirit, Senfe, or Meaning, may be called a 
 Libel. Every Paper that contains Truths, 
 which a Minifter wifhes not to be toldj-^ 
 if it confutes Dodrines, or gives warning of 
 Defigns or Praftices dangerous to public Li- 
 berry or public Welfare, or does but name 
 a public Grievancej-^fuch) at lead, an ar- 
 bitrary Minifler will be inclined to treat as 
 Libels : And all who are not fallen into a 
 political Torpor, nor bleffed with fuch a 
 Supinenefs toward their Country, as not to 
 write, nor even read what is writfen, in its 
 Deknce, are daily liable to have their 
 
 Houfes 
 
 
V 
 
 ( 21 ) 
 
 Houfes broken open, their Perfons fcized, 
 and their Papers carried away by Virtue of a 
 Warrant from the: Secretary of State. 
 
 *. ' . • 
 
 But I afk Pardon, for not doing Admi- 
 niftration the Jultice to name the righteous 
 Caufe which their own Advocate aflfigns 
 for the Excicife of this Power*, " which 
 did not appear in the prefcnt Inftance to 
 have been abufcd ; fince it was made ufe 
 of (thefe are his Words) not to entrap or 
 entangle Innocence, but manifeftly with an 
 Intention of difcovering, and bringing to 
 punifliment a daring and dangerous Offen- 
 der.** A very laudable Intention, truly, 
 
 for an Ad mini ft ration to manifeft^ and a very 
 competent Means to effedluate their Ends! 
 A Man's Houfe is broke open, and his 
 Papers are carried away for the Purpofe of 
 bringing him to Puniihment! Some oitMc 
 Papers are fuppofed to afford Materials for 
 SiProfecution't others may contain the ground 
 of a Defence. By producing the/erw^r the 
 Accufation iseftabliflied ; — by with-holding 
 the latter Convidbion is infured. 
 
 1 M 
 
 The Writer for the Majority, does not 
 fpeak the I^anguage of an ignorant Man ; 
 yet ftrangely ignorant muft that Man be 
 who does not know. That of all thofe 
 Laws, under ^ich we live and are protec- 
 
 D ted 
 
( 22 ) 
 
 ted, there is none more facred than that 
 Law, which fays, that no Man fhall be 
 obiige.d to fuinifli Evidence againd Him- 
 ielf. In Felony, you may fcarch for ftolcn 
 Goods, but not for other Evidence again ft 
 the Thict. In Trcafon, you may fearch for 
 and fcize Papers, in order to difcover Trea- 
 fon, but cannot ufe thofe Papers in Evi- 
 dence againft the Man in wliofe Cuftody 
 they arc found. What the Law, there- 
 fore, has forbidden in Felony and Trcafon, 
 Does the Minifter claim a Power of doing 
 in the Cafe of every political Paper that is 
 pubiifhed, which he diflikes, and which 
 his Attorney General may be pleafed tq 
 call difeditious and treafonahU Libel? Has 
 this Writer ever heard of the Fate of Al- 
 gernon Sidney, -the daring and dkng^r-r 
 
 ous Offender of his Day ? Daring he was 
 in the Caufe of Liberty, to which he fell a 
 Martyr j and dangerous to a Court which 
 aimed at arbitrary Power. They feized bis 
 J*apers manifeftly with an Intention of bring-, 
 ing flim to Puntjhment •, and in thofe Papers 
 found the Means to accomplifli their ac- 
 curfcd Ends *. 
 
 • A» the Cafe of Algernon Sidney proves the 
 *^".,^er of feizing Papers, in deftroying an innocent 
 jkian ; there is another Example in that Reign of this 
 ^Efficacy in concealing the Guilt of Minifters Them- 
 
 ' ' felvcs. 
 
( »3 ) 
 
 tt is a falfe, it is a wicked Idea of 
 
 I'unifliinent, to fuppofe it inflided out of 
 a Principle of Revenge on the Man who 
 fiifFcrs. It is a painful tho* neccflary Ex- 
 pedient to prevent Crimes, by 'Jtffliding 
 thole who commit them : But there can- 
 not be a more heinous Pcrverfion of Law 
 and Juflicc, than to punilli Cuilt in a man- 
 ner that may be drawn in the Example to 
 endanger Innocence •, the Protection whereof 
 is the fole End and Aim of all rationalj hu-ii 
 mane and legal Punifliment. 
 
 But will the miniflerial Writer tell usj 
 Why the Law Itfelf is not fufficient to in- 
 flid due Punifliment in Cafe of a LibeJ, as 
 in every other Mifdemeanor ! — Why is the 
 Hand of Power required ! — —-Where ia 
 
 felves. Mr. Montagu, during his Embafly at Pftris^ 
 having received a Letter, written by Lord Danby^ 
 and fubfcribed by the King Himfelf (Charles 2d) to trieat 
 with the King of France for a Penfion of 300,000 I. per 
 Annum for three Years, in Cafe the Peace fucceeded ; 
 (For then the King durft not meet his Parliament for fo 
 long a Time.) It was Lord Danby's Device, under th# 
 Fretence of a treafonable Correlpondence, to feize Mr. 
 Montagu's Papers, in hopes to get this Letter back and 
 deflroy it ; that it might not be produced in Evidence 
 of his oiun and the King his Majlers Guilt. The HouTe 
 were taking up the Matter, as a Breach of Privilege, 
 but ftopt by the fudden DiiTolution of Parliament. 
 
 D 2 the 
 
( 14 ) 
 
 the Expediency for Government, or evert 
 fhc lead Pretence to intirfcrc with the Pro- 
 dudionr. of the Prefs ! Till a Libel is pub- 
 iiniecl it furely can be no Hurn. ; and when 
 it is piiblifhed it goes into a thoufand Hands. 
 Can it be nrcellary for a Sccrctj'.ry of State 
 to iifiic his general Warrant to break into 
 Hoiifcs, — open Bureaus, and fcize Papers, 
 for what may be found en every Stationers 
 Counter, and every Coffee-houfe Table ! 
 
 »» 
 
 But the Anfwer to this is : No Matter 
 for the Rcafonablenefs of this Power, 'tis a 
 prefcriptive Right, jujlified and confirmed by 
 Precedents produced from the Time of the Re* 
 volution, reaching back perhaps to the remoteft 
 Times^, and combined with the Effence of Go- 
 vernment. 
 
 I ihall State my Reafons, and thofe Rea- 
 fons deduced from hiftorical Fa<5ls, to prove 
 That the Secretary of State did not exer- 
 ciie any Power over the Prefs in any former 
 Reign before the Revolution. " The happy 
 jEra of our Liberties being confiimedy (But 
 is it the b ttcr for the Time when it be- 
 gan?) When, I fay, " it began at the Re- 
 volution," I mean as to tatl only ; for it 
 could not then be forefeen to what Lengths 
 this Power would be extended, and to what 
 Purpofcs applied. ' 
 
 And, 
 
 
( 25 ) 
 
 And, when I mention the Power of the 
 F cietaryof State's Office, let it be iinder- 
 ilood, That I mean no more tlian that be- 
 fore the Revolution, it did not interfere with 
 the common Productions of the Prcfs. For 
 the Star-cliamber, as long as it exilled, was 
 invefted with the folc and abfolute Jurif- 
 di<5tion over the Prels ; of which its Judg- 
 ments arc evcrlarting and inconteftible 
 
 Proofs. In the Reigns of the firft 
 
 James and the firft Charles, this Court was 
 brought to the Zenith of its Power. And 
 the iifual Sentence that pafTed on every 
 honefl Man, who dared to write in Defence 
 of his Country, was, two or three Years 
 Imprifonmcnt, two or three fevere Whip- 
 pings, the flitriiig of his Nofe, cutting off 
 his Ears and Deprivation ofoneHalf of his 
 
 Fortune, Little did Secretaries of Slate, 
 
 then think o^ interfering with the Jurifdic- 
 tion of this dreadful Tribunal. 
 
 When the Star-chamber was abolifhed, 
 all arbitrary Dominion over the Prcfs ceafed 
 likewife. For at the Reftoration of King 
 Charles 2d, when every dormant Power of 
 Government was awakened, and an Infatu- 
 ation prevailed in the Nation, and in the 
 Parliament Itfeif to heighten tlic Preroga- 
 tive of the Crown ; yet was not this Power 
 
 claimed 
 
nr 
 
 
 ( i< ) 
 
 claimed or thought of ; even when the Sup* 
 preflion of licentious and feditious Writings 
 was the very Objed of Government. Had 
 it been conceived that fuch a Power was 
 Veiled in his own Secretary of State, King 
 Charles 2d, would never have gone to Par- 
 liament to alk for it : But He did go to 
 Parliament, which in the fecond Year of 
 his Reign paflfed the iicenfing Adl, to con* 
 tinue in force for two Years only ; by Vir- 
 tue of which A61, the Chief Juftice of the 
 King's Bench was allowed to ilTue his War- 
 rant, to empower the Meflfenger of the 
 Prels, with fuch as he lliould call to afTift 
 him, to feize all feditious Books and Pam* 
 phlets, togetiier with the Authors, Printers 
 and Publirtiers of them. -This Adl was 
 
 prolonged from Time to Time, till after the 
 Year 1678, when it finally expired. But 
 for two Years after its Expiration Lord Chief 
 Juftice Scruggs, continued the Practice of 
 iffuing general Warrants in the Cafe o^ 
 feditious Libels j for which he was im- 
 peached. 
 
 •Twas at the Revolution, then, when 
 
 this modern PrcMice began in the modern Of- 
 
 Jice of Secretary of Si ate : (For tho* it might 
 
 become an Office of fome Dignity in Henry 
 
 8th'sTime, it vja^ not ihen an Office of 
 
 P/^yjer)' 'At the AccefTion of King Wil* 
 
 Jiam 
 
( 27 ) 
 
 liam, and for many Years after, fcarce a 
 Wind blew fair from France, but it brought 
 over Declarations, Manifefto's, Exhortati- 
 ons, Blcfllngs and Curfes, Threats and Pro- 
 mifes from the abdicated King. The Ja- 
 cobite Party were ready to receive, print, 
 reprint and difperfe thefe Papers ; which 
 being actual Treafon, the Secretaries of State 
 did certainly iulie their Warrants to fcize 
 them together with the Publifliers. 
 
 "Thus are we to account for the Rife of 
 this power; which began upon Trcafon ; 
 , but, in that courfe of Progreflion which is 
 natural to lawlefs Power, extended itfelf to 
 fuch other Produftions of the Prefs as were 
 ofFenfive to Government, but far (hort of 
 Treafon : And it has fallen to this Wri- 
 ter's fmall fhare of Knowledge to meet 
 with but one Inftance (which is told in the 
 Note; of the Legality of this Power being 
 queftioned *. 
 
 Why 
 
 * One Finlafon, wlio was in the Rebellion of 
 1745, came up to Lordon, arter the Aft of Indem- 
 nity was pafled, and printed a Map of the young 
 Pretender's Travels in Scotland, both before and after 
 the Battle of Culloden. In this Map (it is faid) were 
 marked out the moft remarkable Circumllances that 
 
 attended his Efcape : Such as, where his Royal 
 
 Highnefs lay in a Pig-ftye, or a Ditch, or a Conl- 
 We, or a Chimney, when any of thtPoyal Troops 
 
 came 
 
( 28 ) 
 
 Why they have not been more litigated 
 is to be accounted for from the Situation of- 
 the Times in whicby and the Perfons on 
 whom they have been executed. Tht Times 
 liave been ufually thofe of public Danger 
 and Confufion, followed always by A6ls of 
 Indemnity ; which prevent Profecutions of 
 this Nature ; and are not intended fo much 
 to exculpate Traitors and Criminals, as to 
 pro ted the Servants of the Crown from 
 vexatious Suits and Profecutions, in con- 
 fequence of having done many Things which 
 the public Safety required, tho% perhaps, 
 not conformable to the ftrid Rules of 
 Law, 
 
 came near Him ; and when he rode behind Mifs 
 Flora Macdonald. Mifs Flora habited like a Foot- 
 boy, and his Royal Highncfs in Woman's Cloaths. 
 pcrfonating an Highland I-ady. This Map (as Report 
 fays) was printed for the Emolinncnt and Satisfaftiou 
 of the late worthy Privy Counfellor, Sir John Philipps 
 and his Friends, Tiiat tht-y might be duly thankful to 
 Providence for the marvellous Efcape of this Hope of 
 the Houfc of Stuart. The Duke of Newcaftle, then 
 Secretary of State, ifl\icd his Warrant to feize Mr. 
 Finlafon and his Maps Mr. Finlafon (by himfelf or 
 his Patrons) profecuted the King's Meffenger for this 
 Proceeding, and had 3C0I. given him to flop the Pro- 
 feciition. 
 
 Thfe 
 
( 2? ) 
 
 The Perfons on whom thefe Warrants 
 havebr^n iifually ferved, are poor Authors 
 and Printers :■ ■ Men not in a Condition 
 to wage War with Government, or enter- 
 tain the high-flown Thoughts q{ bringing 
 Minifters of State to Juftice, 
 
 But were there as many Precedents before 
 the Date of the Magna Charta, as may be 
 produced fince the ^ra of the Revolution, 
 they cannot juftify a Practice fo repugnant 
 to the Letter and Spirit of our Laws ;— — 
 fo inconfiftent with the E.fiTence of Liberty. 
 *Tis a Maxim quoted by I/^rd Coke, " That 
 we are to be governed according to Lav/, not 
 Examples :" And we are told by the fame 
 Authority, " That Precedents which run in 
 a Storm^ are no Dire^ion in Point of Law,** 
 And 'tis a Sentence of the great Algernon 
 Sydney, *' That the Authority of Magifiracy 
 proceeds not from the Number of Tears it 
 has continued^ but from the ReSiitude of its 
 Inftitution *. 
 
 The Star-chamber Itfelf was founded on 
 a Principle of Benevolence and Mercy : It 
 was eftabliflied for the Protection and Re- 
 drefs of the Poor^ againft the Infults and 
 
 • Sydney on Government. 
 
 E 
 
 Op* 
 
^p 
 
 C 30 ) 
 
 Oppreflion of the Rich ; « But, being con* 
 fined hy nu Bounds of I^aw, it overflowed the 
 Banks, that fboiild have conftrained it, and 
 became a Deluge of Tyranny and Oppref- 
 
 Uon 
 
 * »» 
 
 • > I / 11 
 
 i/,V o.i 
 
 So likewiie the Prerogative of the Crown 
 was inllitutcd for the Good of the People : 
 A'-kI, there can be no Doubt, but that oa 
 grcii -emergent Occafions, all Obedience is 
 
 then due to that fupremc Law,- the 
 
 Safety of the Cqmmonweai.th, which 
 calls upon the great Officers of State to ex- 
 ceed the narrow and prudential Limits of 
 the Common Law. There can be np 
 doubt, but that the Reprefentatives of the 
 People will indemnify ;-— the Repre^ 
 fcntc'd thank and praife them. But 'tis 
 the Emergency of the Cafe and Situation 
 of the Time only, that can juftify the 
 Ufe and Exercife of unlawful Power. 
 Wherever it appears on any other Occa- 
 fion, it is the Puty of thofe who are en- 
 tru{!ed with the Tuition of publicLiberty, to 
 cenfurc and (upprefs it. 
 
 The Author, who alTerts the Neccflity 
 of Power in the Cafe of Libels, would do 
 well to give his Reafons : For to commo^i 
 
 * Lord Clarendon's Iliilory. 
 
 Un- 
 
( 31 ) 
 
 tjnderftandings even the Plea of Expediency 
 is ridiculous. 
 
 .'\^ 
 
 The Defender of the Majority has> wafted 
 five Pages, to fhew . how . ingenioiijly this 
 Refolution might be evaded. — ^— .Whit 
 Not? 
 
 He likewife tells us'. " 'Twas amufing 
 the Public With the found of Liberty, when 
 Fothing was meant : 'twas a futile Propofi- 
 tion that could extend no farther than to 
 a particular and recent Inftance." That 
 particular Inftance, however, comprehends 
 nothing lefs than the whole Liberty of the 
 Prefs. And the Care, AiTiduity, Zeal; 
 *- the Art and Labour that were ex- 
 erted on this Occafion prove, That if this 
 ineffe5lual Refolution vvas a mere Trifle for 
 the People to gain, 'twas no Trifle for the 
 Minifterto lofe. 
 
 The Defender of the Majority does, in- 
 deed, fpeak with a proper Contempt and 
 Dcteftation oF thofe name/efs Scribblers, who 
 traduce the Chara6lers of Men to whom 
 they are Strangers. It is very odd, that. 
 Pie Ihould make Himfelf the Objcdl of his 
 own Scorn, with the Aggravation of attempt- 
 ing to revile (in the fuppofed Author of the 
 Budget) a Charadi^r to which He is not 
 ■ E 2 a Scianger : 
 
 
-A Charafter that Profli* 
 
 a Stranger t — ^ 
 
 gacy Itfelf might be Ihockcd to fcanda- 
 
 lize*. 
 
 But, don*t let thefe Minifters by Them- 
 felves, or their Penmen, pii,blilh fo vain a 
 Suppofition as that this excellent Perfon 
 lives in Envy of their Stations. The 
 Finger that is pointed at Them, marks them 
 not out as Objects of Envy to one who 
 ftands high in the Opinion of his Country ; 
 ■ revered by his numerous Conllituents s 
 ———habituated to Virtue and the Cultivati- 
 on of Science ; negligent of Himfelf, 
 
 and only fenfible of the Enjoyment of his 
 cxtenfive Fortune, as it enables him to in- 
 dulge the Benevolence of his Heart. 
 
 It isaMiftake, indeed, to fuppofe this 
 Gentleman the Author of the Budget. Be 
 that Author who He may, his Performance, 
 if it be capable of an Anfwer, at lead ^^• 
 ferves one: And it would become this 
 
 • In the Defence of the Majority, the Perfon who 
 ieconded the Motion is reprefented in thefe Words, 
 •* Whofe Acrimony flows from a Heart confumed with 
 ENVY, Spleen, Conceitednefs and Self-importance, 
 from one, who has been taught to think himfelf a 
 Statefman, and who would be too happy to be able to 
 think himfelf a Minifter." 
 
 ' ■ - •" ' Writer 
 
 
(33) 
 
 Writer (if he could) to anfwcr, better than 
 rail at it : For» after all his railing, the Pud- 
 get IS unanfwered. 
 
 He goes on to tell us, that the Cafe of 
 feditious Writings is of more general Mifcbicf^ 
 It is the fubtle Poifon that Creeps impercep*- 
 tibly thro'* every Vein ; The Seed of Re- 
 volt ^ Jealoufy and civil Difcord \ and is 
 at leafl the Parent of Treafon, if not the off- 
 fpringof it. 
 
 All this may be true ; yet ought we not 
 to be out of love with that vital Part of 
 Liberty, which we term the Liberty of the 
 Prefs ; nor continue the Exiftence of a 
 Power over it, that is incompatible with 
 its Freedom. It is unhappily blended with 
 the Nature of Liberty, to degenerate often 
 into Licentioufnefs ; Bur, 'tis fo impoiTiblc? 
 to draw the Line between Them, that if 
 you refort to more than legal Power to fup- 
 prefs the One, you will foon defiroy the 
 Other: And, we ought to think of Liberty 
 as of Providence ; That for the Sake of uni- 
 verfal Good, we mult fubmit to partial and 
 accidental Evil. 
 
 T 
 
 The Britilh Conftitution, is the Bufinefs 
 of every Briton •, and 'tis his Right to pub- 
 lifli his Thoughts, as well as know the Situ* 
 
 ation 
 
( 34 ) 
 
 ation of national Affairs. Nor do any real 
 Mifchiefs rcfult from this Privilege. When 
 ^ood Meafiires are purfiicd, by making them 
 known to ally it animates all to alTift and 
 invigorate their Operations. When bad 
 ones are attempted, it puts us upon our 
 Guard againft them. Without this Guard, 
 Our Conftitution might be Joft before wc 
 faw our Danger ; and Tyranny come upon 
 
 us like a Thief in the Night r To bad 
 
 Minifters, and to them only^ are public En- 
 quiries frightful. A good one has nothing 
 to fear from the Attacks of Malice and 
 Slander *, fince that Inveftigation of Truth 
 which is natural to a free People, will foon 
 efface the weak ImprelTions of envious and 
 feditious Writers. 
 
 If therefore, the Freedom of Writing (In 
 the Idea of Licentioufnefs) does contain 
 fome Ingredient of Poifon, it carries an 
 Antidote along with it. It is the offspring 
 of Liberty, and, like the Emblem of Ro- 
 man Charity, keeps its antient Parent 
 alive. 
 
 To refcue this great Branch of Liberty 
 from the Hand of Power, as well as to pro- 
 te(5l the perfonal Freedom of the Subject 
 from farther Violations, was certainly the 
 Objedt of that Minority, to whom the Ad- 
 vocates 
 
( 35 ) 
 
 vocates of the Miniftry, will allow no Nio^ 
 tives, but fuch as fliew a badnefs of Intention 
 and weakncfs of Underftanding, 
 
 There are two perfonal Reflections on 
 thofe Gentlemen of the Minority, who took 
 Parts in debating this Quefliion, that I 
 beg leave to take Notice of. They are 
 accufed of too much Candor to Mr, Wilkes ; 
 and of a malevolent D^-fire io fquint a 
 Cenfure of Blame on thofe Officers of the 
 Crown, who were concerned in i(Tuing or cx- 
 cuting the Warrants, 
 
 As to Mr. Wilkes, He feems to be given 
 up on all Sides, in a Manner that might futi- 
 ate every Thirft of Vengeance, that is not 
 infatiable. But, let the Minority take 
 
 Shame if it be a Shame, that whilft 
 
 they condemned as Judges^ they felt as Men, 
 
 ' If, whom they faw as an Objecft of 
 
 Ptmifhmenty they looked upon as an Objedt 
 of Compaffion. Let it be told likewife. That 
 of the Minority, there were none who dif- 
 covered a malignant Joy in purfuing that 
 unhappy ?erfon, with unrelenting Fury, to 
 his Ruin, nor gave Samples of that innate 
 Meannefs and Cruelty of Heart, which 
 never manifeft themfelves fo fully, as 
 
 by 
 
m 
 
 ( 36 ) 
 
 by infiilting the opprcHbd, and aggra- 
 vating the Diltrcflcs of 1 falling Man. • ■ 
 
 The other Calumny of perfonal Male- 
 volence wants nothing to confute it, but 
 the Remembrance of what was faid by the 
 Members of the Minority, both at the In- 
 trodu(5tion of the Queftion, and during the 
 fublequent Debates. They named the Liv- 
 ing with Honour, and the Dead wich Re- 
 verence. They Themfelves pleaded the 
 Uiage of Office, in Excufe of iffuing the 
 Warrant. And whatever Exccfles appeared 
 in the Execution, they attributed to that 
 warmth of Heart, which was natural to 
 arife in generous and noble Minds againft a 
 Man, who had fo irreverently dared to 
 
 Libel even the bcH ot Kings •, dear to 
 
 all his Subjcdls, dearer dill to thofe, 
 
 who, in the happy Situation of being 
 near his Pcribn, enjoy the immediate Ef- 
 fects of that Grace, Btnevolence and Wif^ 
 dom, which, in a remoter D/gree, are dif- 
 iufed over the whole Body of his People. . 
 
 The Speakers of the Majority, on the 
 other Hand, thought proper to defend every 
 A(5b and Circumftance that happened in die 
 
 ifluing and ferving of the Warrant j 
 
 to remove the Idea of any Thing being 
 done with Hn/te or yiekrice •, but with cool 
 
T1 
 
 , ( ?i ) 
 
 Belihernlirn and Judgment.' 
 
 Let the 
 
 Fa^ts be recoIh-(5leJ, and then let Common 
 Senle determine, who llievvcd themll-lvcs 
 Friends to the Charadlers ot thole noble and 
 honourable Perlbns that were concerned in 
 this Btifincri ? 
 
 But the Gazetteer tells thofe, whom he 
 addrcflcs as the Leaders of the Minority, 
 " Ibis feemin^ Tendernefs zvas affe£Ied, bs- 
 caufe rou kvciv^ yoiirj4ves r.nd favourites^ 
 were obnoxious to the fame Ac(Ujcuion^\ 
 One ot theie Favourites (t'le Favourite t»i" 
 his Country) happened to iirue no general 
 Warrant in the Cafe of a Libel, during the 
 Time of his glorious Adrninillration. An- 
 other of thefe Favourites is a noble Duke, 
 who enjoyed the Office of Secretary of 
 State for Thirty-three Years, without the 
 fufpicion of affeding arbitrary Power. It is 
 admitted, that he continued the Prailice 
 as he found it, of ifTuing general Warrants; 
 direfting them to be executed (as they were 
 in his time) with Decency, Humanity, and 
 
 Caution. But, lb far was this noble Per- 
 
 fon from deftring to fhelter himlelf behind 
 the Tendernefs of his Friends tliat he genc- 
 roufiy requefled, " I'hat no perfonal Re- 
 gard to himfelf, might influence the Con- 
 dud: of his neareft Relation or Friend : For, 
 that he fhould be very forry, if from that 
 
 F Tender- 
 
':w 
 
 C U ) 
 Tcndcrncfri of his Friends to him, the fiirurc 
 Ex^rcifc of a Pon-tT, which was of fiich 
 conftqiicncc to the i^ibhc, fliould not be pre- 
 vented." 
 
 Bur, fay tiic MiniQry, wh;U Rcdrefs, — 
 •wluii Scciiiity did this Minority aim at I 
 Why Nothing, tr^iiy, but " an incjfdiual 
 R.'lolutio^ of o>:e I loufo of Parhami.nt, de- 
 cUrirf; their Senfc of the Matter, not to be 
 plcadcil in a Court of Law." 
 
 Siich is the decent Treatment of the Re- 
 prefi ntativcs of the People of England ! Is 
 
 —a falie 
 
 it, then, a mere vulgar Error, 
 Chimrtra, which we have long entertained, 
 That the Hii ti -right and Privilege of Ei glifh* 
 men was, to ehufe the Guardians of their 
 Liberty ! How, then, arc thofe Guardians 
 to execute their Trull-, if they arc not to 
 have a Right even of declaring their Senfe 
 of Liberty ? Let us look on tiiole Times, 
 when Liberty was moil felt and belf under^. 
 
 Hood : 
 
 Blood of our Aiicefcois was OdLd in Defence 
 cfit: We Ihall not iind, That the Repre- 
 fentatives ()f the People, in this colledive 
 Body, were then diiec^ed h.umbly to wait 
 on Courts of Law, to take from, thettce their 
 Ideas of Liberty, and learn how to defend 
 it. Jt:.Ye Jyd^es bun r.lixays the Patrons 
 
 Wh-' re the nobleft and purell 
 
( 35 ) 
 
 of Liberty ? 0:i the contrary, there liur, been 
 no bad Ivcigii t;om that of Richard 2 I, to 
 the 2d James without a Trcfiiian and a 
 "JefferleSy to fandify wltii thcii Opinions, and 
 forward by thcirjiidi^nvjnts t!ic foiilat Coa- 
 ipiracic-s that Kin^s and Minitlcrs have 
 ever lormcdagainn. t\\^\ Rights and Liberties 
 of the People. And 'twill ever be decifivc 
 on the Intentions ot Mmidcrs, when wc fee 
 them confide injudgesot arbitrary Principles, 
 *ind rcfort to Lawyers who are rnuH: notori- 
 ous for the Profligacy of their Pradices in 
 
 that Profcflion. But by Kings who 
 
 have favoured Liberty, Men of the greate(\; 
 Eminence of Parts and Knowledge, 
 
 of the pureft Integrity and Morals, 
 
 of the founded Principles with Regard to 
 Liberty, have been advanced to the high 
 Stations of the Law. Lord Sommers was 
 the Favourite Lawyer of King William ; 
 and the Earl of Hardwicke of King George 
 the Second. 
 
 Let us read thof^ great Refolutions in the 
 Reign of Charles ift, conccr"'"^; ^\v\^- 
 money and the Habeas Corp », . .j. i/jere 
 
 A. 
 
 "i«>ii[e «' . 
 
 fee. Whether the LawofLibei 
 clared in IVeftminfter-Hall or ihi 
 Commons ? And if the Houfe of Lummons 
 could then take upon them to controul, 
 'V F 2 cenfure, 
 
( 3<5 ) 
 
 CfnHire, Impeach Judges tor deciding againji 
 1,-bcTty, why, in the Name of God ! is 
 this Floufe of Commons to be afraid of 
 co-opjrating with a wile and virtuous Judge, 
 deciding in Favour of Liberty ? 
 
 Whoever fliall fearch the Journals of 
 the Houfe of Commons, will find in how 
 many Cafes they exercifed their Right of 
 declaring the L,aw. They did it in Re- 
 gulations of Trade ; in Monopolies and 
 
 Patents , in Charters ♦, in all Queftions 
 
 of confHtutional Liberty -,— — in all Matters 
 of public Property, 
 
 Some of thcfe Precedents are let down ia 
 
 the Note. 1 expert to be told, " They 
 
 are not appofite." In Point of Fa5i^ 
 
 indeed, they are not fimilar, tho' alike in 
 Principle. But 'tis mere quibbling to deny 
 the Authority of Precedents, becaufe they 
 vary in Circumftancss^ tlio' in Principles 
 they correfpond. 
 
 * 30 April 1624. Refolved as the Opinion of 
 the Houle, That the Impreft Money, Tent by Me^f' 
 chant- Adventurers upon Cloth is uvLiuJul. 
 
 • * 
 
 17 MKck 
 
 A 
 
 
. , . . ( 37 ) . 
 
 Let us confider thefe Precedent >, not 
 merely as Authorities for theHo\jie of Com- 
 mons to declare the Law in fuch Cafes ; 
 
 but, 
 
 17 March, 162,4. Claufe of Confifcation in the 
 PatLitof Sir F. Gorge: ctcd una voce xo'id, again/f 
 Law, 
 
 15 July, 1664. Refolvcd, That the Pamphlet 
 (written by Mr. Pryn) intituled " fummary Reafons 
 &c. is an illegal, falle, fcandalous and leditious Pam- 
 phlet. 
 
 22 May, 1663. The Committee reprefent the Il- 
 legality of Sir ^ohnWinter's Grant, to which the Houfe 
 agreed. 
 
 18 Dec. 1666. Mr. Tayleur's f.rft Imprifonment 
 declared illegal. 
 
 Alfo, Difpoffeflion of Mr. Tayleur out of certain 
 jRooms in the Timber Yard belonging to the Caftle of 
 Windfor,, voted illegal. 
 
 Alfo, the fecond Commitment of Mr. Tayleur, by 
 Lord Mordaunt, vptcd il'igal. 
 
 6, Nov, 1667. Refolvcd that the Houfe doth 
 agree with the Committee, " That the Charter of in- 
 corporating the Woodniongers, is illegal. 
 
 I X Dec. 
 
FF' 
 
 (38 
 but, to (hew that fuch Refokitions (how- 
 ever they may be) have noiyet been treated 
 as the Brawlings of drunken Porters : For of 
 
 all 
 
 I 3 Dec. I. '^67. Refolvcd, that the Precedents and 
 Piadicc of fining or imprifoning Juriei, is illegal^ 
 (Sir. J. Kecling's Cafe.) 
 
 Chief Juftice Scroggs, having from Time to Time 
 iffued General Warrants^ impowering the Mclfenger 
 of the Prefs, with his Afiiftants, to feize all Per- 
 fcms whom they fliall fufped of Writing and Publifhing 
 SeMtious Libels. 
 
 74 June, 1680, The Commons refolved, neminc 
 contradicentc, That the Warrants were illegal. 
 
 -4 June, i68g. Refolved, That the Judgmenji' 
 againft Mr. Johnfon in tlie King's Bench, was illegal 
 and cruel. • 
 
 Refolved, that the EcclcfiafticalCommifTion, by which 
 Mr. Johnfon was degraded, was illegal. 
 
 Refolved, That Mr. Johnfon, ;/o/ being fentenced, 
 deprived or degraded by the Bifhop of London (if he had 
 Jtfti vtd the fame) was illcgcl. 
 
 9 March, 1707. Refolved, nemine contradicentc. 
 That for any Judge in his Circuit, to demand a pre- 
 Icnt from any Sheriff of a County or Magiftrate oi a 
 Corporaiion, is illegal. 
 
 19 Dec. 
 
 
(39) 
 all the Refolutions I have quoted (and I 
 prefume there are many other:) therein not 
 one, againfl: which any Minifter has yet 
 dared to rt^/, or a Judge to call in Quef- 
 tion. 
 
 By the RcTolution, therefore, as it was 
 moved, the Gentlemen of the Minority did 
 hope to have given fome Security to their 
 Conrtitiients. And, will the Gentle- 
 men of the Majority, who reprobate the 
 Efficacy of fuch a Refokition, be pleafed to 
 tell us, Where v^e are to look for the Se- 
 curity of our Liberties, if our Reprefenta- 
 tives in Parliament, in their collei^live Body, 
 have no Power to give it us. 
 
 It is with great Concern, that I detain 
 my Readers any longer ; and the more fc, 
 as 'tis on a very filly Occafion. But I had 
 
 almoft fcrgot the Bill, propofed by Sir 
 
 J. Philipps (the Friend of Mr. Finlafon 
 abovementioned) to damn the Minority all 
 at once in t'at Opinions of Mankind, and to 
 make us fiill in i.ove with the Adminillra- 
 
 ig Dec. 1710. Rcfolved, That the Charter, dated 
 20 April, 1 708, attempted to be impofcd on the Cor- 
 po . ation of Bewdley, is void, ilhgal, aad deftruflivcof 
 the Conltitution of Parliament. 
 
 tion 
 
m 
 
 [ 40 ) 
 
 tion. " When did a Chancellor of the 
 Exchequer, and an Adminiftration, intend 
 an A6i fo effcntially to the Exiftence of Li- 
 berty ? (Gazc^tteer, 23d May.) 
 
 But let mc aflv thele Champions for Li- 
 berty, the Chancellor of the Eachequer^ and 
 the Admtr.iil -ration^ if they had intended to 
 pafs tlie Bill, wliy did they reject the Re- 
 fahition -vhich \vx< the befl Foundation for 
 the Bill? If they vvere in Eirnefl abmt it, 
 
 hi)\v came it not to fuccecd ? a Minority 
 
 rejict a Bill that the Majority really 
 intend ! *Tis an errant Bull. 
 
 But do they really talk fuch a Language 
 of Thcmfelves, Thit they are unable to 
 go thro' with a Propofirion that they think 
 right, unlefs the Minority will help them 
 
 out! That the Minority gave no 
 
 Countenance to the/jvj;;; Offer of this foolifh 
 
 Bill, is true \ That the rejeding of it 
 
 lies wholly at /^f/VDoor is falfc. 
 
 
 vSir J. Philipp?; (according to report) in a 
 very thin Houfe (the Minillcr prefent, but 
 not attended like a Miniller who has a Point 
 to carry) moved for Leave to bring in a 
 Bill, to regulate the Secretary of State's Of- 
 fice. Who firft oppofed, and raifed a ge- 
 neral 
 
(. 45 ) 
 neral Difguft againft this Bill ? Not one of 
 
 the Minority ; but a noble Perfon whofe 
 high Rank and Diftindlion do the Miniftry 
 great Honour, and on whofe Abilities they 
 greatly rely. Some of the Minority might 
 perhaps fay, *' It was foreign to the origi- 
 nal .Intent of iheir Refolution, which was 
 to vindicate the Privilege of the Houfe^. 
 ancj that was not to be done by a Bill ; 
 
 - — '■ That they wifhed to put an eno 
 
 to an abr.five Exercife of Power, in a 
 Cafe wherein no fuch Power was wanted*, 
 but not to interfere with any other Power 
 
 of the Secretary of State's Office : . — 
 
 They knew the Abfurdity of limiting its 
 
 ^s^cejfary Power by any Rules of Law: 
 
 They faw the Danger of giving the Sanc- 
 tion of Law to Powers that are never to 
 be endured, but in Cafes of Exigency 5 
 in which they are and ever will' he jufti- 
 
 'fied." • . . ' - , 
 
 M 
 
 i-'M 
 
 . ^''^ Mr •' 
 
 .. But fo far was the Minority from put- 
 
 jting even a Negative upon this Bill, that 
 
 moil pf them went away with a Notion 
 
 it was to come in : They were fur- 
 
 rprifed, when they heard Sir J. Philipps had 
 withdrawn his Motion. 
 
 A: 
 
 To 
 
( 40 
 
 To be lure the Propofal of this Bill might 
 anfwer fome very worthy Purpofcs. The 
 Declaration of moving it, was, as the 
 Gazetteer fays, well timed. It might come 
 in Aid of the Promt fe to decide the ^ef- 
 tion at Common Law in two Months^ to 
 gain a weak Brother or two to the Ma- 
 jority •, it might furnifli fome late 
 
 independent Gentlemen with a flimfy Ex- 
 cufe to their|y?i7/ independent Eledlors ; 
 
 Above all, it might give the Mi- 
 
 niftry a weak, forlorn Hope of fhifting the 
 national difcontent from their own Shoulders, 
 to thofe of the Minority.— Such is the 
 Hiftory of this notable Bill, broached 
 with Nonfenfe, and fince made a Vehicle for 
 Slander and Mifreprefentation. 
 
 I iTpll not attempt to imitate the 
 pathetic Style, with which the Defender 
 of the Majority clofes his Performance. 
 
 _ He laments ferioujly laments the ex- 
 
 haufted State of his Country. But is it 
 Wifdom in the Adminiftration to be al- 
 ways publiHiing our Debility ? Do they 
 not, by that Language invite (as 'twere) 
 our Enemies to infult us. and oblige us 
 to open again thcfe Refources, which are 
 (by their Account) fo near a Period. 
 
 Let 
 
rht 
 
 the 
 )me 
 
 . to 
 Ma- 
 
 late 
 
 Ex- 
 cors ', 
 
 Mi- 
 igthe 
 Iders, 
 is the 
 ached 
 cle for 
 
 * 
 
 tlie 
 Ifen'disr 
 liiahce. 
 e ex- 
 is it 
 Ibe al- 
 they 
 |twere) 
 ige us 
 :h arc 
 
 ( 43 ) 
 
 " I^t it be remembered, how few there 
 are of the prefent Adminiflration. who, 
 did not co-operate in rai^ g thofe Sup- 
 plies, by which, they now infill, we are 
 exhaulled. Thofe Supplies were granted 
 but tor an uncertain Chance of Victory, 
 Vi6tories upon Vi(flories were obtained, " 
 Is it not then Impudence to /quint a 
 Cenfure of Blame on that Great Mini Iter, 
 thro* whom we obtained thefe great Vic- 
 tories, tho* we loft the Fruits of them, 
 by lofmg the Benefit of his Counfcis ? — 
 Why did not thcfe great Men oppofe the 
 levying of fo much Money, when that 
 expenfive Syftcm was adopted ? It is the 
 Refource of a Juftification now to fay, 
 That in priva'e they difapproved^ what in 
 
 Public they avowed ; for Silence in 
 
 Men of their Stations is avowal. 
 
 An Aft of Power was committed, 
 which the- People thought, and ftill think 
 a Violation of their Liberty. It excited 
 their Paflions,— — it raifed their Apprehen- 
 fions and Fears. To allay thefe Emotions 
 an eftedlual Remedy was propofed. Who 
 receded it ? Do Minifters iiippofe, that a 
 Nation, hurt and denied Relief, is not to 
 complain ? 
 
 To 
 
 I \ 
 
( 4.8 ) 
 
 3 To give Caufe for Clamour, and after- 
 wards find Fault with it, is like a Woman, 
 who having loft her Charadler by her 
 own Mifcondud, is for ever railing at the 
 Illnature of the World. . . 
 
 • • I ; ■ ' . ; I > . ! / ' . I 
 
 i :< " -• / 
 
 la il.-j. 
 
 ''^•j\j 
 
 ,ii 
 
 THE END. 
 
 t_t:,o. 
 
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