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Les diagrammes suivants illustrent la mithode. 1 2 3 4 5 6 SUCCINCT VIEW O F l II R Origin of our Colonies, W 1 T II Their CIVIL STATE, Founled by (^JLJ E E N E L I Z A B E V H, Corroborated by Succeed i.nw Princes, AND Confirmc.l ' v Acts of V a R L i a m e n t ; WHEREBY 1 he Nature ot the ExMPire eflabliflied in AMERICA, And the Errors of variou'i H y p ot h e s e g formed thereupon, MAY BE CLEARLY UNDERSTOOD. WITH Ohfer'vations on the Commercialy Beneficial and Perpetual \Jh\o^ of the Colonies with this Kingdom, BEING An Extract from an E s s a v lately publiilied, Entitled T'he Freedom of Speech and Writing, 6oc. ' ^t mn liber e njcritatem fronunciaty proJiter "jeritatis iji. LONDON M DC(J L\VI, I > I %>i ( • ) ■ ■■■ ■ ■!■■ iiw rj iiii^»i|iif ji ^ ■^M^w*' ■'S I ( 7 ) faltum to 5r/V/)7j America, whofc prcfent and future ftatc fo nearly concerns the comiron- weal, it prefents a mod unpleafing fcene. It was lately the ''-at of a fharp and cruel war, w aged by thofe enemies who never give us farther rcll than their inability inforces, with intent to wrell from us one of the chief fources of our commercial and naval empire, during the courfc whereof feveral colonies raifed a larger proportion of men than any other part of his majefty's dominions > and fince, while labouring to reftore the broken flate of their affairs, and to profecute that trade which is fo neceflliry to the commerce of this kingdom, through the fudden change of Brkijh policy, and a ftrange feries of errors and events, the whole are now plunged into a ftateof diftrefs, dilliculty and danger, from which it is defirable in fo many refpeds to deliver them as foon as poiTible, and to fliew their true political foundation, in order to their complete and perpetual union with this kingdom, for the common good. The efta- blifliment, corroboration and prefervation of this union, confidered in its moil perfed: degree, will appear, I prefume, to every im- partial and confiderate perfon worthy of the greateft ( 8 ) greatcft attention. The diftant fituation of the colonics, with their cantonment and dif- tindl civil adminiflrations, though placed un- der the wife and provident care which pre- iides over all parts of the ftate, raifes infen- fibly in the minds of many worthy perfons partial notions difcordant with this union 5 but its greatell: enemy, I conceive, is preju- dice, that malady of the mind, and powerful diredor of its motions ; and in this cafe, as well as in that of fuperiiition, unfortunately wife men frequently follow fools, and our infular and continental prejudices are become fo numerous and violent, that I who am fo feeble an advocate for the principles of truth, univerfal juftice, and public welfare, the fole proper and firm foundation, in my poor opi- nion, of that lafting and profitable union that is fo much to be defired by all good ci- tizens, dare not enter the lifts againft fo for- midable an enemy ; and therefore adhering to my principle of peace, and that uniting, conciHating and ftrengthening fyftem which I 'lave ever held, after obferving that com- mon juftice is the common debt due to and from all perfons and focieties. and the com- mon caufe of all honeft men, and that no- thing -a? 3 '» '>' I .4 '^J ■1 I i ( 9 ) thing can be more reafonable than for a man to make one law in his mind for himfelf, and another for other perfons, I fhall defire the favour of him who on reading what has been faid refpedting this perfe(fl union (hall perceive the leaft prejudice to arife in his mind againft it, that he will he pleafed calmly to confider this divine precept of the Saviour of the world, ** all things whatfoever ye ** would that men fliould do to you, do ye ** even fo to them, for this the law and the " prophets, ' fMaf. vii. 12.) And if this fliall not fuffice to efface the impreflions of preju- dice, that he will lay afide this little eiTay until he come to fuch a temper of mind that he {hall be willing to do as he would be done unto; in the mean time, accompanied by the favour of the candid reader, I fhall pro- ceed to obferve, I. That his Majefly's regal authority ex- tends to all perfons, and over all parts of the public territory — that every fubjedl by the law and the duties of his birth is oblip-ed to o be faithful, and bear true allegiance to the king — That allegiance and protedlion being correlatives, every fubjecft is entitled to pro- tcd:ion. C II. That I. r l' ( 10 ) II. That the nature of human government, ill order to its completion, of neceflity re- quires in every ftate for its welfare and pre- fervation the exiftence and occaiional exercife of a fupreme legiflative jurifdlflion, over all and lingular the parts, perfons natural cor- porate or compound, caufes, matters and things whatfoever — That by the BritiJJj con- ititution this fupreme iurirdi(5lion is vefted in the Britylj parliament — Tliat the entire col- Ic'^tive dominion, flate, or chief body politic, compoicd of all its members, admits but of one fupreme diredion, equals have no powef over equals and two or more fupreme jurif- diclions cannot be erecfted w^ithout forming two or more different ftates ; and it is evident this divifion miniilers to deilrutftion. The colonics from their fituation, nature, and ne- celTiiry political exiftence poiTefs fubordinatc powers of legillation, but the fole ftimmum impcrium of the BritiJ};) parliamient remains firm, immutable and uriverfal — That the king's jull prerogative v\ras ever parcel of the law of the land -, and, to ufe the words of lord Bcico?j, who, v\itii other able lawyers and ftatefmen, was much confulted and concerned in the fettlemcnt cf fome of the colonies-— •* The I e- ( I^ ) <* The king's prerogative and the law are ** not two things" — *' There is not in the ** body of man one lavv of the head and an- " other of the body ; but all is one entire *' law." And it is certain that none of his Majelly's predccellbrs had it in their power by any adl made ^e indujiria in any manner whatever to diminifli the jurifdidion of par- liament, or to divide that body poHtic of v/hich they were the head, thereby making % change nearly affeding the royal preroga- tive together with the whole common- wealth. Nil dat quod non habet is a maxim of law, phi- lofophy and common fenfe, and no colonic lOr other politic body can by force of any charter claim any power, privilege or jurif- 4i(^ion exempt from parliamentary cogni- zance, the king having no authority to raifc QX create the fame. Every charter is the creature of the law, and neceffarily fubjed: to the law and the law- makers; and we have too much reafon to remember the ancient and jull obferyation, Or do confimduiir fi Unl- euique jurifdiciio non fervetur , IIL That the nature and intent of parlia- mentary jurifdidion, I pxefume, are to de- clare and enad what is right, equal and jufc, giving m ,-1 I ; ( 'il ( 12 ) giving to the common-wealth and its various parts their due. Ancient authors declare verity and juftice to be the proper foun- dation of parliamentary proceedings. Jtirtf- diSlio eji potejias de publico, tntroduSfa cum ne-^ cejjltate juris dtcendl * ; and lord Coke fsiysju-' rlfdl£ilo is derived o^ jus ^ dltlo, i. ^,poteJias juris. And although through prejudice, paf- fion or other infirmities men may not in par- ticular cafes, efpecially w^hen their minds arc moved by felf-intereft, difcern and diftinguifli between truth and error, juflice and injuf- lice y yet truth, juftice and equity are in their nature immutable, and no more fubjedl to annihilation, inverfion, or variation, than any geometrical propofition^^ That no prince, potentate, ft:ate or order of men can by any means whatever acquire a right of doing what is wrong. An author whofe exquilite learn- ing, knowledge and judgment have done fo great honour to human nature, as well as to this kingdom. Dr. Cudwortb, hath clearly iliewn that even in pofitive laws and com- mands it is not meer will that obligeth, but the nature of good and evil, juft and unjuft, really exifting. in the courfe of his reafon- S ( ^6 ) the ** nr:inuicnpt o£ Ca?2tcr if ury, that the firft ** parliament wherein the commons were *' called, as well as the peers and nobles, " was 16 H, 1. ; for it is true that after the *' conqueft until this time the commons were *' not called -, and fo at this time they will •' have it flrft called by the name of a parlia- " ment." This learned judge calls E^ic^^r^ I. the founder of our C'vil ftate, and lord chief iuflice Ha/e fays that he ** is well ftiled our ** Englijh Jujiinian ; for in his time the law " quafi p€7' falfimi ohi^Cwitdi a very great per- ** fection." And the following record will manifeft his fenfe of reprefentation. Claus dc Anno Rcgni regis Edwardi Vicef- fimo tertio. Parliamento tencndo. " Rex venerabili in Chriflo patri R. eadem gratia Can- tuar archiepifcopo totius Angliae primati Salutem. Sicut lex juftiflima provida cJrcumfpedione facrarum principium llabilita horta- tur, & ftatuit, UT quod ni- nes TANGIT AB 0MNIBU3 APPROBF.TUR, fic ct innuit evidenter ut comniunibus periculis per remedia provifa The king to the venerable father in Chrift R, by the fame nrace archbifliop of Cant, pri- mate of all England, greeting. As the moft juft law by provi- dent circumfpedion of facred princes eftablifiied advifeth and hath appointed, that what TOUCHETH ALL MEN BE AP- PROVED OF ALL, fo it likewife evidently intimateth that com- mon danger be obviated by ** com % ^-i'- Vi { 27 ) he ;re ill ia- <( '. ( «( 4( (( *( e( (( t k << 1 • ( 1 <( I 4( §. t( communitcr obvietur fane fatis noftris et jam eft ut cre- dimus p' unlverfa mundi climata divulgatum qualiter rex Francie de terra noftra Vafconie nos cautelofe deci- pit cum nobis nequiter deti- nendo nunc vero predidis haude S: nequicia non con- tentus ad expugnationem recni noftri clafle maxima Sc bellatorum copiofa multitu- dine congregatis cum quibus regnum noltrum Si regni «- jufdem incolas hoftiliter jam invafit linguam Anglicam fi concepte iniquitatis propo- fito de teftabili poteftas cor- refpondeat quod Deus aver- tat omnino de terra dekre proponat Quia igitur prcvifa jacula minus ledunt et res veftra maxima ficut cetero- rum regni ejufdem concini- um agitur in hac parte vobis mandamus in fide Si dilefli- oni quibus nobis tenemini firmiterinjungpntes quod die dominica proxime poll fe(- tum Sandi Martini in hyeme proxim' futur' apud Weft- monarterum perfonalit' in- terfitis premunientes priorem & capitulum ecclefie veftre archidiaconos totumque cie- remediei provided with com- mon confent. Truly we have as we think already fufficiently divulged through all climates of the world how the king of France hath craftily deceived us touching our territory of Gafcoijiet wickedly detaining it from us, and now, not content with the fraud and wickednefs aforefaid, hath prepared a very great fleet, with a povvertul ar- my for the aflaulting our king- dom, with which he hath al- ready hoflilely invaded our kingdom, and the inhabitants of the faid kingdom, the E?!g- lijh tongue, if power corre- fpond with the deteftable pur- pofe of the conceived iniquity, which God avert, he piirpofcth entirely to abolifh. Cccaufe therefore darts foiefeen hurt leis, and your greatell intcrefl, with that of your fellow citi- zens of the faid kingdom i;; herein concerned. We charge you in the frjth and love by which yc are held unto U.- , ftri(5t!y enjoining that on the Lords day ne.\t aiter tlic kal of St. Marti r., in the W iutcr next cnfiiing, ye be pciTonally prefent at H'cjlimtijlcr, I'orc- warning the prior and chap- lum by ( 28 ) ■iH "i ill * ruTi vcdrc dioccfi.s Facientcs •* quod iidem prior & archidi- ** acorii in propriis peribnis " fuis & diiftum capitulum per " unum ii.lemque clcros per " duos procuratorcs idoneos •' plenam & fufficientem potc- " ftutem ab ipfis capituJo & *' cleris habentes una vobif-, " cum interfinL modis omni- '•' bus tunc ibidem ad traftan- " dum ordinandum & fjcien- " dum nobilcum & cum ccte- •' vis prelatis & proceiibus et •' a'iis incolis regni noliriqua- '' liter f\c hujufmodi pcriculis '* Sc ex cogitatis maliciis ob- ♦ viandum. Telle rege apud " Wengeham triccfimo d-.e " Septcmbris'' tcr of your church, the arch- deacons, and all the clergy of your diocefe, caufing that the faid prior and archdeacons in their own perfons, and the faid chapter by one, and alfo the clergy by two fit prottors ha- ving full and fufficicnt power from them the chapter and clergy, be prefent, together with you, by all ways then and there to confuit, ordain, and take fuch cfFetlual raeafures, with us, and with the other prelates, and nobles and other inhabitants of our kingdom, as will obviate fuch dangers and malicious devices. VVitnefs the king at Wen^ehatn, the thirty firll day of September. That the right of reprefentation in parlia- ment hath in other cafes been allowed, in confcquence of the enlargement of the public territory, Wales was conquered by Edward I. [12 Edw. I.) by the ftac. of Rutland it was annexed to England-, bat their clofe, firm and perfed union was made by the ftat. 27. Hen, VII 1. cap. 25. wherein it is recited that ' Albeit the dominion, principality, and ■ ' country oi Wales jnMy and righteouily was, ■' and ever had been incorporated, arinexed, *' united. » ;, '■■%' (S ( 31 ) that lofs which their improvidence or unkind ufage caufed — That although ftrength be ever preferable to wealth, yet when the ftate is greatly infedled by luxury, whofe natural offspring are diffipation, folly, fraud, diftrefs, and danger, with mental enervation, which united, with or without concomitant caufes, have fo often occafioned diflblution or deftruc- tion, greater attention is paid to thofe trades and traders which minifter to luxury, and weaken the ftate, than to thofc which flrength- en it. Of this we have given the world a memorable example. What a ilir do we from time to time make about the Eafi India trade, not to mention others, which never raifed the feamen it deflroys, and promotes luxury fo many different ways, while we pay fuch a difproportionate regard to the trade with and of our colonies, which, including the iifli- eries, to ufe the naval expreflion of an intelli- gent friend, is the main ftay of the Britijh commerce ; fo that although trade be in its nature fo intricate and delicate that human wifdom, even after the ftridefl cnqnirv into fadls, is frequently unequal to the difficulty of forming falutary regulations for ii» inftead of clofe attention, examination and ccmpre- henfion. ( 32 ) iii A f ;.'! henlion, wc arc (bnictiincs inclined, even on great occaficuKs, to confide in the fpecious an(i erroneous re[)rcfentation of others, who make a parade of their knowledge in thufe fnbjedts to fevenil of whofe ellential parts they are utter l^Tvingers — That our foreign trade col- Icdively confidered hath declined apace, and that depending on the changeable minds and circumftances of other princes and ftates, they are in effect contending various ways for its farther diminutions, ourcolony trade having in the mean time fo far encreafed as to have ex- ceeded all thefe diminutions, and while profe- cuting to the utmoft by the fpirit of the colon- ids, who employed herein all their flock and domcflic credit, with a large credit given by the Britijh merchants, and when labouring un- der various difficulties, a projed: was formed of raifiiig a revenue upon it, with the traders i::d other inhabitants — That to carry on a general trade a proportionate flock of money is requifite ; and when this projedl was formed there was in the continent colonies fcarcely money fafficient, even with the aid of the paper currency ufed by feveral, to carry on their trade — That the money propofed to be raifed by way of revenue being to be colle> t ( 39 ) •* way, every ftep we take leads us but into *• farther wanderings ^ and we know not ** whither we are going/' VII. With'refped: to the reafons relative to the repeal of the flamp-ad, extraneous to the real merits of the cafe, I (hall not pre- fume to exprefs my own fentimentsj but, under favour, ihall infert the words of Mr. Milton, in his Areopagitka, addrefled to the parliament of England, wherein, after taking notice that there were abundant examples of private perfons giving their counlel by fpeech cr writing to fundry free ilates, in thofe ages to whofe polite wifdom and letters we owe that we are not yet Goths and Jutlanders, he wrote thus ; ** and how far ye excel them, •' be afTured, Lords and Commons, there can no greater teflimony appear, than when your prudent fpirit acknowledges and obeys the voice of reafon, from what quarter foever it be heard fpeaking ; and renders ye as willing to repeal any A(!t of your own fetting forth, as any fet forth by your predecelfors." And Ihall obferve that in feveral countries ruled by abfolute princes an appeal lies from the decree of the prince, that is, a fe tnalc informato, adfe bene in- tc €< (t t( <( it f( I m. ( 40 ) infor??kittim ', -and I h:ive ever underflo J thiit the honour of the prince was more concerned in giving a jufl decree upon the appeal and review of the cafe, than in pronouncing his firfl decree. As to tliofe fons of violence who, without taking notice of others, have to the diflio- nour of that colony whofe merits with refped: to its mother country, all things confidered, exceed thofe of any one of an hundred Ro- man cc lonies, not to name a greater numher, have rifen up in its capital, and, under the pretence cf reformation, have committed fuch outrages, I exhort every man of them, for his own fake, as well as that of others, that leaving the care of the common rights to thofe to whom it belongs, and renouncing his offences he continue to be quiet, and by his peaceable and proper behaviour prepare bimfelf to partake of the clemency of a gra- cious prince who delights in the exercife of his mercy. And, in rrJer to mollify the minds of thofe v/ho le-.m as great Grangers to humanity cs they are to lound poHcy, I fhall, in the words » f Lip/his, id forth the mild conduct of an excellent prince. " Shall I [ 41 ] " Shall I omit \.\iQQ Alphonfiis ? who being " all goodnefs and beneficence haft reprc- " fented to us Titus, but with long continu- *' ance. Thou befieging Caieiii, which had ** obflinately rebelled againft thee, the be- '* fieged appeared to be prefled for want of *' provifions, which themfelves declared by '* putting forth old men, boys, women, ** and all the ufelefs multitude. In council it was advifed that they Ihould be rejected and driven back, for that io the city would foon furrcnder, he through commiferation chofe rather to difmifs them, and continue the fiege : but, upon his not taking the place, fome dared to obje6 , that if he had not let them go the city would have " been his^ he nobly anfv%ered. But the fafe- *' ^y 9f fi many pcrj oris, is more io nie than an ** hundred Caietas, However he was not long ** without it, for the citizens, admoniflied *' by fuch extraordinary virtue, and repent- " ing, voluntarily furrendered themfelves. '* Flis condudt was fmiilar tov/ards Anthony " Caldora, the molf powerful man of tlie *' Neapolitan kingdom, and his obdinate '* enemy, whom having at length in a great ** battle fubdued, and taken, when all per- O f jaded (( (C <( <( 9