UNIVERSITY OF CALIFORNIA AT LOS ANGELES NiVERSITY ( JJFOKNH AT LOS ANGELEb El® QANT ■ ■ BQOKl THE PI?TH OILATIO^S . J>rjAnti/2hch' t £c PLU/JSHKD BYJOHX SHATiPS, vnxjaxajx. TTOR Mf LEAN, treet, Strand . ELEGANT EXTRACTS BEING A COPIOUS SELECTION OF INSTRUCTIVE, MORAL, AND ENTERTAINING PASSAGES, FROM THE MOST EMINENT PROSE WRITERS. VOLUME III. BOOK V. VI. ORATIONS AND HARANGUES. PARLIAMEN- TARY SPEECHES. LONDON: PRINTED FOR JOHN SHARPE, PICCADILLY, AND HECTOR Mc'LEAN, 16, SALISBURY STREET, STRAND. 43120 CONTENTS. book v. v o 3 ORATIONS AND HARANGUES. Page. ORATION against Philip Demosthenes. 1 Another oration against Philip urging the succour ot the Olynthians Demosthenes. 6 A third oration on the same subject • Demosthenes. 16 A fourth oration on the same subject • Demosthenes. 28 Oration concerning the regulation of the state. Demosthenes. 3? Oration against Catiline Cicero. 40 Oration against Verres Cicero. 58 Oration for Archias the poet, accused by a person ot obscure birth of not being a citizen of Rome. Cicero. 63 Oration spoken by Pericles at the funeral of those Athenians who had been first killed in the Pelo- ponnesian war Thncydides. 7Q Romulus to the people of Rome, after building the city Livy. 90 Junius Brutus over the dead body of Lucretia. Livy. 91 Hannibal to his soldiers Livy. 93 Sophonisba to Massinissa Livy. 97 Scipio to the Romans Livy. ib. Manlius to his son Livy. 98 Mucius Scaevola to king Porsena Livy. 99 C. Marius to the Romans, on their hesitating to ap- point him general in the expedition against Jugur- tha, merely on account of his extraction. Sallust. 100 Micipsa to Jngnrtha Sallust. 104 Adherbal to the Roman senate, imploiing their pro- tection against Jugurtha Sce indeed a rich and renowned city, but still famous for liberal arts, and fertile in learned men. He was afterwards received with such applause in the other cities of Asia, and all over Greece, that though they expected more than fame had promised concerning him, even these expectations were exceeded, and their ad- miration of him greatly increased. Italy was, at that time, full of the arts and sciences of Greece, which were then cultivated with more care among the Latins than now they are, and were not even BOOK V. ORATIONS AND HARANGUES. 65 neglected at Rome, the public tranquillity being favourable to them. Accordingly, the inhabitants of Tarentum, Ehegium, and Naples, made him free of their respective cities, and conferred other honours upon him; and all those who had any taste, reckoned him worthy of their acquaintance and friendship. But. thus known by fame to those who were strangers to his person, he came to Rome in the consulship of Marias and Catulus; the first of whom had, by his glorious deeds, fur- nished out a noble subject for a poet ; and the other, besides his memorable actions, was both a judge and a lover of poetry. Though he had not yet reached his seventeenth year, yet no sooner was he arrived than the Luculli took him into their family ; which, as it was the first that re- ceived him in his youth, so it afforded him free- dom of access even in old age ; nor was this owing to his great genius and learningalone, but likewise to his amiable temper and virtuous disposition. At that time, too, Q. Metellus Numidicus, and his son Pius, were delighted with his conversation ; M. /Emilias wan one of his hearers ; Q. Catulus, both the elder and younger, honoured him with their intimacy ; L. Crassus courted him ; and being united by the greatest familiarity to the Luculli, Drusus.the Octavii, Cato, and the whole Hortensian family ; it was no small honour to him to receive marks of the highest regard, not only from those who were really desirous of hearing him, and of being instructed by him, but even from those who affected to be so. A considerable time after, he went with L. Lu- cullus into Sicily, and, leaving that province in VOL. III. K (\fy ELEGANT EXTRACTS. BOOK V. company with the same Lucullus, came to Hera- olea, which !>eing joined with Rome by the closest bonds of alliance, he was desirous of being made free of it : and obtained his request, both on ac- count of his own merit, and the interest and au- thority of Lucullus. Strangers were admitted to the freedom of Rome, according to the law of Sil- vanus and Carbo, upon the following conditions-: * if they were enrolled by free cities ; if they had a dwelling in Italy, when the law passed ; and if they declared their enrolment before the praetor within the space of sixty days.' Agreeable to this law, Archias, who had resided at Rome for many years, made his declaration before the praetor, Q. Metellus, who was his intimate friend. If the right of citizenship and the law is all I have to prove, I have done ; the cause is ended. For which of these things, Gracchus, can you deny? Will you say that he was not made a citizen of Heraclea at that time ? Why, here is Lucullus, a man of the greatest credit, honour, and integrity, ■who affirms it ; and that not as a thing he believes, but as what he knows ; not as what he heard of, but as what he saw ; not as what he was present at, but as what he transacted. Here are likewise deputiesfrom Heraclea, who affirm the same; men of the greatest quality come hithei on purpose to give public testimony in this cause. But here you will desire to see the public register of Heraclea, which we all know was burnt in the Italian war, together with the office wherein it was kept. Now, is it not ridiculous to say nothing to the evidences which we have, and to desire those which we cannot have : to be silent as to the tes- BOOK V. ORATIONS AND HARANGUES. 67 timony of men, and to demand the testimony of registers ; to pay no regard to what is affirmed by a person of great dignity, nor to the oath and in- tegrity of a free city of the strictest honour, evi- dences which are incapable of being corrupted, and to require those of registers, which you allow to be frequently vitiated. But he did not reside at Rome : what he, who for so many years before Silvanus's law made Rome the seat of all his hopes and fortune. But he did not declare : so far is this from being true, that his declaration is to be seen in that register, which, by that very act, and its being in the custody of the college of praetors, is the only authentic one. For the negligence of Appius, the corruption of* Gabinius before his condemnation, and his dis- grace after, having destroyed the credit of public records; Metellus, a man of the greatest honour and modesty, was so very exact, that he came be- fore Lentulus the preetor and the other judges, and declared that he was uneasy at the erazure of a single name. The name of A. Licinius there- fore is still to be seen ; and as this is the case, why should you doubt of his being a citizen of Rome, especially as he was enrolled likewise in other free cities ? For when Greece bestowed the freedom of its cities, without the recommendation of merit, upon persons of little consideration, and those who had either no employment at all, or very mean ones, is it to be imagined that the in- habitants of Rhegium, Locris, Naples, or Taren- tum, would deny to a man so highly celebrated for his genius what they conferred even npon co- medians ? When others, not only after Silvanus's 68 ELEGANT EXTRACTS, BOOK V. law, but even after the Papian law, shall have found means to creep into the registers of the mu- nicipal cities, shall he he rejected, who, because he was always desirous of passing for an Heraclean, never availed himself of his being enrolled in other cities? But you desire^to see the enrolment of our estate ; as if it were not well known; that under the last censorship the defendant was with the army commanded hy that renowned general L. Lucullus; that under the censorship immedi- ately preceding, lie was with the same Lucullus then quastor in Asia; and that, when Julius and Crassus were censors, there was no enrolment made? But, as an enrolment in the censors' hooks does not confirm the right of citizenship, and only shows that the person enrolled assumed the cha- racter of a citizen, I must tell you that Archias made a will according to our laws, succeeded to the estates of Roman citizens, and was recom- mended to the treasury by L. Lucullus, both when praetor and consul, as one who deserved well of the state, at the very time when you allege that, by his own confession, he had no right to the free- dom of Rome. Find out whatever arguments you can, Archias will never be convicted for his own conduct, nor that of his friends. But you will no doubt ask the reason, Gracchus, of my being so highly delighted with this man? Why, it is because he furnishes me with what relieves my mind, and charms my ears, after the fatigue and noise of the forum. Do you imagine that I could possibly plead every day on such a variety of subjects, if my mind was not cultivated with science ; or that it could bear SOOK V. ORATIONS AND HARANGUES. 69 being stretched to such a degree, if it were not sometimes unbent by the amusements of learning. I am fond of these studies, I own : let those be ashamed who have buried themselves in learning so as to be of no use to society, nor able to pro- duce any thing to public view ; but why should I be ashamed, who for so many years, my lords, have never been prevented by indolence, seduced by pleasure, nor diverted by sleep, from doing good offices to others ? Who then can censure me, or in justice be angry with me, if those hours which others employ in business, in pleasures, in celebrating public solemnities, in refreshing the body and unbending the mind ; if the time which is spent by some in midnight banquetings, in di- versions, and in gaming, I employ in reviewing these studies? And this application is the more excusable, as I derive no small advantages from it in my profession, in which, whatever abilities I possess, they have always been employed when the dangers of my friends called for their assist- ance. If they should appear to any to be but small, there are still other advantages of a much higher nature, and I am very sensible whence I derive them. For had I not been convinced from my youth, by much instruction and much study, that nothing is greatly desirable in life but glory and virtue, and that, in the pursuit of these, all bodily tortures, and the perils of death and exile, are to be slighted and despised, never should I have exposed myself to so many and so great con- flicts for your preservation, nor to the daily rage and violence of the most worthless of men. But on this head books are full, the voice of the wise is 70 ELEGANT EXTRACTS. BOOK V . full, antiquity is full; all which, were it not for the lamp of learning, would be involved in thick obscurity. How many pictures of the bravest of men have the Greek and Latin writers left us, not only to contemplate, but likewise to imitate ? These illustrious models I always set before me in the government of the state, and formed my conduct by contemplating their virtues. But were those great men, it will be asked, who are celebrated in history, distinguished for that kind of learning, which you extol so highly ? It were difficult, indeed, to prove this of them all ; but what I shall answer is, however, very certain. I own, then, that there have been many men of excellent dispositions and distinguished virtue, who, without learning, and by the almost divine force of nature herself, have been wise and mode- rate ; nay, further, that nature without learning is of greater efficacy towards the attainment of glory and virtue, than learning without nature ; but then, I affirm, that when to an excellent natural disposition the embellishments of learning are added, there results from this union something great and extraordinary. Such was that divine man Africanus, whom our fathers saw ; such were C. Ltelius and L. Furius, persons of the greatest temperance and moderation ; such was old Cato, a man of great bravery, and, for the times, of great learning : who, surely, would never have applied to the study of learning, had they thought it of no service towards the acquisition and im- provement of virtue. But were pleasure only to be derived from learning, without the advantages we have mentioned, you must still, I imagine, al- BOOK V. ORATIONS AND HARANGUES. 71 low it to be a very liberal and polite amusement. For other studies are not suited to every time, to every age, and to every places but these give strength in youth, and joy in old age; adorn pros- perity, and are the support and consolation of ad- versity ; at home they are delightful, and abroad they are easy ; at night they are company to us : when we travel they attend us ; and, in our rural retirements, they do not forsake us. Though we ourselves were incapable of them, and had no re- lish for their charms, still we should admire them when we see them in others. Was there any one of us so void of taste, and of so unfeeling a temper, as not to be affected lateh with the death of Roscius ? For though he died in an advanced age, yet such was the excellence and inimitable beauty of his art, that we thought hin : worthy of living for ever. Was he then so great a favourite with us all on account of the graceful motions of his body ; and shall we be insensible to the surprising energy of the mind, and the sprightly sallies of genius ? How often have I seen this Archias, my lords (for I will presume on your goodness, as you are pleased to favour me with so much attention in this unusual manner of pleading), how often, I say, have I seen him, with- out using his pen, and without any labour of study, make a great number of excellent verses on occasional subjects? How often, when a subject was resumed, have I heard him give it a different turn of thought and expression, whilst those com- positions which he finished with care and exact- ness were as highly approved as the most cele- 72 ELEGANT EXTRACTS. BOOK V. bvated writers of antiquity. And shall not I love this man ? Shall I not admire him ? Shall I not defend him to the utmost of my power? For men if the greatest eminence and learning have taught us, that other branches of science require educa- tion, art, and precept; but that a poet is formed by the plastic hand of nature herself, is quickened by the native fire of genius, and animated as it were by a kind of divine enthusiasm. It is with justice, therefore, that our Ennius bestows upon poets the epithet of venerable, because they seem to have some peculiar gifts of the gods to recom- mend them to us. Let the name of poet then, which the most barbarous nations have never pro- filed, be revered by you, my lords, who are so :reat admirers of polite learning. Rocks and ieserts re-echo sounds; savage beasts are often oothed by music, and listen to its charms ; and hall we, with all the advantages of the best educa- :on,be unaffected with the voice of poetry? The !alophonians give out that Homer is their coun- rryman, the Chians declare that he is theirs, the ^alaminians lay claim to him, the people of Smyrna affirm that Smyrna gave him breath, and have accordingly dedicated a temple to him in heir city: besides these, many other nations .mtend warmly for this honour. Do they then lay claim to a stranger even after his death, on account of his being a poet ; and -hall we reject this living poet, who is a Roman both by inclination and the laws of Rome ; es- pecially as he has employed the utmost efforts of his genius to celebrate the glory and grandeur of BOOK V. ORATIONS AND HARANGUES. 73 the Roman people ? For, in his youth, he sung the triumphs of C. Marius over the Cimbri, and even pleased that great general, who had but little elish for the charms of poetry. Nor is there any person so great an enemy to the Muses, as not readily to allow the poet to blazon his fame, and consecrate his actions to immortality. Themis- tocles, that celebrated Athenian, upon being asked what music, or whose voice was most agreeable to him, is reported to have answered, ' that man's who could best celebrate his virtues/ The same Marius too had a very high regard for L Plotius, whose genius, he thought, was capa- ble of doing justice to his actions. But Archias has described the whole Mithridatic war ; a war of such danger and importance, and so very me- morable for the great variety of its events both by sea and land. Nor does his poem reflect honour only on L. Lucullus, that very brave and renowned man, but likewise adds lustre to the Roman name. For, under Lucullus, the Roman people penetrated into Pontus, impregnable till then by means of its situation and the arms of its mo- narchs ; under him, the Romans, with no very con- siderable force, routed the numberless troops of the Armenians ; under his conduct too, Rome has the glory of delivering Cyzicum, the city of our faithful allies, from the rage of a monarch, and rescuing it from the devouring jaws of a mighty war. The praises of our fleet shall ever be re- corded and celebrated, for the wonders performed at Tenedos, where the enemy's ships were sunk, and their commanders slain: such are our tro- phies, such our monuments, such our triumphs, VOL. III. L 74 ELEGANT EXTRACTS. BOOK V. Those, therefore, whose genius describes these ex- ploits, celebrate likewise the praises of the Roman name. Our Ennius was greatly beloved by the elder Africanus, and accordingly he is thought to have a marble statue amongst the monuments of the Scipios. But those praises are not appro- priated to the immediate subjects of them ; the whole Roman people have a share in them, Cato, the ancestor of the judge here present, is highly celebrated for his virtues, and from this the Romans themselves derive great honour : in a word, the Maximi, the Marcelli, the Fulvii, cannot be praised without praising every Ro- man. Did our ancestors then confer the freedom of Rome on him who sung the praises of her heroes, on a native of Rudia* ; and shall we thrust this Heraclean out of Rome, who has been courted by many cities, and whom our laws have made a Roman ? For if any one imagines that less glory is derived from the Greek, than from the Latin poet, he is greatly mistaken ; the Greek language is understood in almost every nation, whereas the Latin is confined to Latin territories, territories extremely narrow. If our exploits, therefore, have reached the utmost limits of the earth, we ought to be desirous that our glory and fame shall extend as far as our arms ; for as these ope- rate powerfully on the people whose actions are recorded ; so to those who expose their lives for the sake of glory, they are the grand motives to toils and dangers. How many persons is Alex- ander the Great reported to have carried along with him, to write his history ! And yet ; when he BOOK V. ORATIONS AND HARANGUES. 75 stood by the tomb of Achilles at Sigaeum, ' Happy youth/ he cried, ' who could find a Homer to blazon thy fame ?' And what he said was true ; for had it not been for the Iliad, his ashes and fame had been buried in the same tomb. Did not Pompey the Great, whose virtues were equal to his fortune, confer the freedom of Rome, in the presence of a military assembly, upon Theophanes of Mitylene, who sung his triumphs ? And these Romans of ours, men brave indeed, but unpolished and mere soldiers, moved with the charms of glory, gave shouts of applause, as if they had shared in the honour of their leader. Is it to be supposed then, that Archias, if our laws had not made him a citizen of Rome, could not have ob- tained his froedom from some general ? Would Sylla, who conferred the rights of citizenship on Gauls and Spaniards, have refused the suit of Archias ? That Scylla, whom we saw in an assem- bly, when a bad poet, of obscure birth, presented him a petition upon the merit of having written an epigram in his praise of unequal hobbling verses, order him to be instantly rewarded out of an estate he was selling at the time, on condition he should write no more verses. Would he, who even thought the industry of a bad poet worthy of some reward, not have been fond of the genius, the spirit, and eloquence of Archias ? Could out poet, neither by his own interest, nor that of tht Luculli, have obtained from his intimate friend Q. Metellus Pius the freedom of Rome, which he bestowed so frequently upon others ? Especially as Metellus was so very desitou of having his 76 ELEGANT EXTRACTS. BOOK. V. pleased with the dull and barbarous verses of the poets born at Corduba. Nor ought we to dissemble this truth, which cannot be concealed, but declare it openly ; we are all influenced by the love of praise, and the greatest minds have the greatest passion for glory. The philosophers themselves prefix their names to those books which they write upon the contempt of glory ; by which they show that they are desirous of praise and fame, while they affect to despise them. Decimus Brutus, that great commander and excellent man, adorned the mo- numents of his family and the gates of his tem- ples, with the verses of his intimate friend At- tius : and Fulvius, who made war with the iEto- lians attended by Ennius, did not scniple to con- secrate the spoils of Mars to the Muses. In that city, therefore, where generals, with their arms almost in their hands, have reverenced the shrines of the Muses and the name of poets, surely magis- trates in their robes, and in times of peace, ought not to be averse to honouring the one, or protect- ing the other. And to engage you the more readily to this, my lords, I will lay open the very sentiments of my heart before you, and freely confess my passion for glory, which, though too keen, perhaps is, however, virtuous. For what I did in conjunction with you during my consul- ship, for the safety of this city and empire, for the lives of my fellow-citizens, and for the interests of the state, Archias intends to celebrate in verse, and has actually begun his poem. Upon reading what he has written, it appeared to me so sublime, and gave me so much pleasure, that I encouraged BOOK V. ORATIONS AND HARANGUES. 77 him to go on with it. For virtue desires no other reward for her toils and dangers, but praise and glory : take but this away, my lords, but what is there left in this short, this scanty career of hu- man life, that can tempt us to engage in so many and so great labours ? Surely, if the mind had no thought of futurity, if she confined all her views within those limits which bound our present ex- istence, she would neither waste her strength in so great toils, nor harass herself with so many cares and watchings, nor struggle so often for life itself: but there is a certain principle in the breast of every good man, which, both day and night, quickens him to the pursuit of glory, and puts him in mind that his fame is not to be mea- sured by the extent of his present life, but that it runs parallel with the line of posterity. Can we, who are engaged in the affairs of the state, and in so many toils and dangers, think so meanly as to imagine that, after a life of uninter- rupted care am' trouble, nothing shall remain of us after death ? If many of the greatest men have been careful to leave their statues and pictures, these representations not of their minds but of their bodies ; ought not we to be much more de- sirous of leaving the portraits of our enterprises and virtues, drawn and finished by the most emi- nent artists? As for me, I have always imagined, whilst I was engaged in doing whatever I have done, that I was spreading my actions over the whole earth, and that they would be held in eternal remembrance. But whether I shall lose my con- sciousness of this at death, or whether, as the wisest men have thought, I shall retain it after, at 78 ELEGANT EXTRACTS. BOOK V. present the thought delights me, and my mind is filled with pleasing hopes. Do not then deprive us, my lords, of a man, whom modesty, a graceful manner, engaging behaviour, and the aifections of his friends, so strongly recommended ; the great- ness of whose genius may be estimated from this, that he is courted by the most eminent men of Rome ; and whose plea is such, that it has the law in its favour, the authority of a municipal town, the testimony of Lucullus, and the register of Metellus. This being the case, we beg of you, my lords, since in matters of such importance, not only the intercession of men, but of gods, is ne- cessary, that the man, who has always celebrated your virtues, those of your generals, and the vic- tories of the Roman people ; who declares that he will raise eternal monuments of your praise and mine, for our conduct in our late domestic dan- gers : and who is of the number of those that have ever been accounted and pronounced divine, may be so protected by yon, as to have greater reason to applaud your generosity, than to complain of your rigour. What I have said, my lords, con- cerning this cause, with my usual brevity and simplicity, is, I am confident, approved by all : what I have advanced upon poetry in general, and the genius of the defendant, contrary to the usage of the forum and the bar, will, I hope, be taken in good pai t by you ; by him who presides upon the bench, I am convinced it will. Cicero. BOOK V. ORATIONS AND HARANGUES 79 ORATION SPOKEN BY PERICLES, AT THE FUNE- RAL OF THOSE ATHENIANS, WHO HAD BEEN FIRST KILLED IN THE PELOPONNESIAN WAR. Many of those who have spoken before me on oc- casions of this kind, have commended the author of that law which we are now obeying, for having instituted an oration to the honour of those who sacrifice their lives in fighting for their country. For my part, I think it sufficient for men who have approved their virtue in action, by action to be honoured for it — by such as you see the public gratitude now performing about this funeral ; and that the virtues of many ought not to be endan- gered by the management of any one person, when their credit must precariously depend on his oration, which may be good, and may be bad. Difficult indeed it is, judiciously to handle a sub- ject, where even probable truth will hardly gain assent. The hearer, enlightened by a long ac- quaintance, and warm in his affections, may quickly pronounce every thing unfavourably ex- pressed, in respect to what he wishes and what he knows ; whilst the stranger pronounceth all exag- gerated, through envy of those deeds which he is conscious are above his own achievement. For the praises bestowed on others are then only to be endured, when men imagine they can do those feats they hear to have been done ; they envy what they cannot equal, and immediately pro- nounce it false. Yet,, as this solemnity has re- ceived its sanction from the authority of our an- cestors, it is my duty ulso to obey the law, and to 80 ELEGANT EXTRACTS. BOOK V. endeavour to procure, so far as I am able, the good-will and approbation of all my audience. I shall therefore begin first with our fore-fa- thers, since both justice and decency require we should, on this occasion, bestow on them an ho- nourable remembrance. In this our country they kept themselves always firmly settled ; and, through their valour, handed it down free to every since succeeding generation. — Worthy, in- deed, of praise are they, and yet more worthy are our immediate fathers ; since, enlarging their own inheritance into the extensive empire which we now possess, they bequeathed that, their work of toil, to us their sons. Yet even these successes, we ourselves, here present, we who are yet in the strength and vigour of our days, have nobly im- proved, and have made such provisions for this our Athens, that now it is all-sufficient in itself to answer every exigence of war and of peace. I mean not here to recite those martial exploits by which these ends were accomplished, or the reso- lute defences we ourselves and our forefathers have made against the formidable invasions of Barbarians and Greeks. Your own knowledge of these will excuse the long detail. But by what methods we have risen to this height of glory and power? by what polity, and by what conduct, we are thus aggrandized ; I shall first endeavour to show, and then proceed to the praise of the de- ceased. These, in my opinion, can be no imper- tinent topics on this occasion ; the discussion of them must be beneficial to this numerous com- pany of Athenians and of strangers. BOOK V. ORATIONS AND HARANGUES. 81 We are happy in a form of government which cannot envy the laws of our neighbours ; for it hath served as a model to others, but is original at Athens. And this our form, as committed not to the few, but to the whole body of the people, is called a democracy. How different soever in a private capacity, we all enjoy the same general equality our laws are fitted to preserve; and su- perior honours, just as we excel. The public ad- ministration is not confined to a particular fa- mily, but is attainable only by merit. Poverty is not an hinderance, since whoever is able to serve his country meets with no obstacle to preferment from its first obscurity. The offices of the state we go through without obstructions from one ano- ther ; and live together in the mutual endearments of private life without suspicions ; not angry with a neighbour for following the bent ot his own hu- mour, nor putting on that countenance of discon- tent, which pains, though it cannot punish ; so that in private life we converse together without diffidence or damage, whilst we o ire not, on any account, offend against the public, through the reverence we bear to the magistrates and the laws, chiefly to those enacted for redress of the injured and to those unwritten, a breach of which is allowed disgrace. Our laws have further provided for the mind most frequent intermissions of care, by the appointment of public recreations and sacrifices throughout the year, elegantly per- formed with a peculiar pomp, the daily delight of which is a charm that puts melancholy to flight. The grandeur of this our Athens causes the pro- duce of the whole earth to be imported here, by VOL. Ill, M 82 ELEGANT EXTRACTS. BOOK V. which we reap a familiar enjoyment, not more of the delicacies of our own growth, than of those of other nations. In the affairs of war we excel those of our ene- mies, who adhere to methods opposite to our own; for we lay open Athens to general resort, nor ever drive any stranger from us, whom either im- provement or curiosity hath brought amongst us, lest any enemy should hurt us by seeing what is never concealed ; we place not so great a con- fidence in the preparatives and artifices of war as in the native warmth of our souls impelling us to action. In point of education, the youth of some people are inured by a course of laborious exercise, to support toil and hardship like men ; but we, notwithstanding our easy and elegant way of life, face all the dangers of war as intrepidly as thay. This may be proved by facts, since the La- cedemonians never invade our territories, barely with their own, but with the united strength of all their confederates. But when we invade the do- minions of our neighbours, for the most part we conquer without difficulty, in an enemy's country, those who fight in defence of their own habita- tions. The strength of our whole force, no enemy hath yet ever experienced, because it is divided by our naval expeditions, or engaged in the dif- ferent quarters of our service by land. But if any where they engage and defeat a small party of our forces, they boastingly give it out a total defeat ; and, if they are beat, they were certainly over- powered by our united strength. What though from a state of inactivity, rather than laborious exercise, or with a natural, rather than an ac- BOOK V. ORATIONS AND HARANGUES. 83 quired valour, we learn to encounter danger ; this good at least we receive from it, that we never droop under the apprehension of possible misfor- tunes, and when we hazard the danger, are found no less courageous than those who are continually inured to it. In these respects, our whole com- munity deserves justly to be admired, and in many we have yet to mention. In our manner of living we show an elegance tempered with frugality, and we cultivate philo- sophy without enervating the mind. We display our wealth in the season of beneficence, and not in the vanity of discourse. A confession of po- verty is disgrace to no man ; no effort to avoid it, is disgrace indeed. There is visibly, in the same persons, an attention to their own private con- cerns, and those of the public ; and, in others, en- raged in the labours of life, there is a competent skill in the affairs of government. For we are the only people who think him that does not meddle in state affairs — not indolent, but good for nothing. And yet we pass the soundest judgment and are quick at catching the right apprehensions of things, not thinking that words are prejudicial to actions ; but rather the not being duly pre- pared by previous debate, before we are obliged to proceed to execution. Herein consists our distinguishing excellence, that in the hour of ac- tion we show the greatest courage, and yet de- bate beforehand the expediency of our measures. The courage of others is the result of ignorance; deliberation makes them cowards. And those undoubtedly must be owned to have the greatest souls, who, most acutely sensible of the miseries of 84 ELEGANT EXTRACTS. BOOK V. war and the sweets of peace, are not hence in the least deterred from facing danger. In acts of beneficence, further, we differ from the many. We preserve friends, not by receiv- ing, but by conferring obligations. For he who does a kindness, hath the advantage over him who, by the law of gratitude, becomes a debtor to his benefactor. The person obliged is compelled to act the more insipid part, conscious that a return of kindness is merely a payment, and not an obli- gation. And we alone are splendidly beneficent to others, not so much from interested motives, as for the credit of pure liberality. I shall sum up what yet remains, by only adding, that our Athens, in general, is the school of Greece : and that every single Athenian among us is excellently formed, by his personal qualifications, for all the various scenes of active life, acting with a most graceful demeanour, and a most ready habit of dispatch. That I have not, on this occasion, made use of a pomp of words, but the truth of facts, that height to which, by such a conduct, this state hath risen, is an undeniable proof. For we are now the only people of the world, who are found by experience to be greater than in report ; the only people who, repelling the attacks of an in- vading enemy, exempts their defeat from the blush of indignation, and to their tributaries no discontent, as if subject to men unworthy to com- mand. That we deserve our power, we need no evidence to manifest ; we have great and signal proofs of this, which entitle us to the admiration of the present and of future ages. We want no BOOK V. ORATIONS AND HARANGUES. 85 Homer to be the herald of our praise ; no poet to deck off a history with the charms of verse, where the opinion of exploits must suffer by a strict rela- tion. Every sea hath been opened by our fleets, and every land been penetrated by our armies, which have every where left behind them eternal monuments of our enmity and our friendship. In the just defence of such a state, these vic- tims of their own valour, scorning the ruin threat- ened to it, have valiantly fought and bravely died. And every one of those who survive is ready, I am persuaded, to sacrifice life in such a cause. And for this reason have I enlarged so much on national points, to give the clearest proof, that in the present war we have more at stake than men whose public advantages are not so valuable ; and to illustrate by actual evidence, how great a commendation is due to them who are now my subjects, and the greatest part of which they have already received. For the enco- miums with which I have celebrated the state, have been earned for it by the bravery of these, and of men like these. And such compliments might be thought too high and exaggerated, if passed on any Grecians, but them alone. The fatal period to which these gallant souls are now reduced, is the .surest evidence of their merit — an evidence begun in their lives, and completed by their deaths : for it is a debt of justice to pay su- perior honours to men, who have devoted their lives in fighting for their country, though inferior to others in every virtue but that of valour. Their last service efface th all former demerits — it ex- tends to the public; their private demeanours 86 ELEGANT EXTRACTS. BOOK V. reached only to a few. Yet not one of these was at all induced to shrink from danger, through fondness of those delights which the peaceful affluent life hestows ; not one was the less lavish of his life, though that flattering hope attendant upon want, that poverty at length might be ex- changed for affluence. One passion there was in their minds much stronger than these, the desire of vengeance on their enemies. Regarding this as the most honourable prize of dangers, they boldly rushed towards the mark, to seek revenge, and then to satisfy those secondary passions. The uncertain event they had already secured in hope ; what their eyes showed plainly must be done, they trusted their own valour to accomplish, thinking it more glorious to defend themselves, and die in the attempt than to yield and live. From the reproach of cowardice, indeed, they fled, but pre- sented their bodies to the shock of battle ; when, insensible of fear, but triumphing in hope, in the doubtful charge they instantly drop ; and thus discharged the duty which brave men owe to their country. As for you, who now survive them, it is your business to pray for a better fate — but to think it your duty also to preserve the same spirit and warmth of courage against your enemies ; not judging the expediency of this from a mere ha- rangue — where any man, indulging a flow of words, may tell you, what you yourselves know as well as he, how many advantages there are in flighting valiantly against your enemies — but ra- ther making the daily increasing grandeur of this community the object of your thoughts, and grow- BOOK V. ORATIONS AND HARANGUES. 87 ing quite enamoured of it. And, when it really appears great to your apprehensions, think again, that this grandeur was acquired hy brave and valiant men ; by men who knew their duty, and in the moments of action were sensible of shame ; who, whenever their attempts were unsuccessful, thought it dishonourable their country should stand in need of any thing their valour could do for it, and so made it the most glorious present. Bestowing thus their lives on the public, they have every one received a praise that will never decay, a sepulchre that will be most illustrious. — Not that in which their bones lie mouldering, but that in which their fame is preserved, to be on every occasion, when honour is the employ ot either word or act, eternally remembered. This whole earth is the sepulchre of illustrious men ; nor is it the inscription on the columns in their native soil that alone shows their merit, but the memorial of them, better than all inscriptions, in every foreign nation, reposited more durably in universal remembrance than on their own tomb. From this very moment, emulating these noble patterns, placing your happiness in liberty, and liberty in valour, be prepared to encounter all the dangers of war. For, to be lavish of life is not so noble in those whom misfortunes have reduced to misery and despair, as in men who hazard the loss of a comfortable subsistence, and the enjoyment of all the blessings this world affords, by an unsuccessful enterprise. Adversity, after a series of ease and affluence, sinks deeper into the heart of a man of spirit, than the stroke 88 ELEGANT EXTRACTS. EOOK V. of death insensibly received in the vigour of life and public hope. For this reason, the parents of those who are now gone, whoever of them may be attending here, I do not bewail : — I shall rather comfort. It is well known to what unhappy accidents they were liable from the moment of their birth ; and that happiness belongs to men who have reached the most glorious period of life, as these now have who are to you the source of sorrow ; those, whose life hath received its ample measure, happy in its continuance, and equally happy in its conclusion. I know it in truth a difficult task to fix comfort in those breasts which will have frequent remembrances, in seeing the happi- ness of others, of what they once themselves en- joyed. And sorrow flows not from the absence of those good things we have never yet experienced, but from the loss of those to which we have been accustomed. They, who are not yet by age ex- empted from issue, should be comforted in the hope of having more. The children yet to be born will be a private benefit to some, in causing them to forget such as no longer are, and will be a double benefit to their country, in preventing its desolation, and providing for its security. For those persons cannot in common justice be re- garded as members of equal value to the public, who have no children to expose to danger for its safety. But you, whose age is already far ad- vanced, compute the greater share of happiness your longer time hath afforded for so much gain, persuaded in yourselves the remainder will be but BOOK V. ORATIONS AND HARANGUES. S9 short, and enlighten that space by the glory gained by these. It is greatness of soul alone that never grews old ; nor is it wealth that delights in the latter stage of life, as some give out, so much as honour. To you, the sons and brothers of the deceased, whatever number of you are here, a field of hardy contention is opened. For, him who no longer is, every one is ready to commend, so that to whatever height you push your deserts, you will scarce ever be thought to equal, but to be some- what inferior to these. Envy will exert itself against a competitor whilst life remains ; but when death stops the competition, affection will applaud without restraint. If, after this, it be expected from me to say any thing to you, who are now reduced to a state of widowhood, about female virtue, I shall express it all in one short admonition : — it is your greatest glory not to be deficient in the virtue peculiar to your sex, and to give the men as little handle as possible to ta.k of your behaviour, whether well or ill. I have now discharged the province allotted me by the laws, and said what I thought most perti- nent to tins assembly. Our departed friends have by facts been already honoured. Their children, frcm this day till they arrive at manhood, shall be educated at the public expense of the state*, which hath appointed so beneficial a meed • The law was, that they should be instructed at the public expense, and when come to age presented with a complete suit of armour, and honoured with the first seats in all public places. VOL. III. N 90 ELEGANT EXTRACTS. BOOK V. for these and all future relics of the public contests. For wherever the greatest rewards are proposed for virtue, there the best of patriots are ever to be found. — Now, let every one respectively indulge the decent grief for his departed friends, and then retire. Tkucydides. ROMULUS TO THE PEOPLE OF ROME, AFTER BUILDING THE CITY. If all the strength of cities lay in the height of their ramparts, or the depth of their ditches, we should have great reason to be in fear for that which we have now built. But are there in reality any walls too high to be scaled by a valiant enemy? and of what use are ramparts in intestine divisions ? They may serve for a defence against sudden incursions from abroad ; but it is by courage and prudence chiefly, that the inva- sions of foreign enemies are repelled ; and by una- nimity, sobriety, and justice, that domestic sedi- tions are prevented. Cities fortified by the strongest bulwarks have been often seen to yield to force from without, or to tumults from within. An exact military discipline, and a steady ob- servance of civil polity, are the surest barriers against these evils. But there is still another point of great impor- tance to be considered. The prosperity of some rising colonies, and the speedy ruin of others, have in a great measure been owing to their form of government. Were there but one manner of ruling states and cities that could make them happy, the choice would not be difficult ; but I have BOOK V. ORATIONS AND HARANGUES. 91 learnt that of the various forms of government among the Greeks and Barharians, there are three which are highly extolled by those who have ex- perienced them : and yet, that no one of these is in all respects perfect, but each of them has some innate and incurable defect. Choose you, then, in what manner this city shall be governed. Shall it be by one man ? shall it be by a select number of the wisest among us ? or shall the legislative power be in the people ? As for me, I shall sub- mit to whatever form of administration you shall please to establish. As I think myself not un- worthy to command, so neither am I unwilling to obey. Your having chosen me to be the leader of this colony, and your calling the city after my name, are honours sufficient to content me : ho- nours of which, living or dead, I never can be de- prived. Livy. JUNIUS BRUTUS OVER THE DEAD BODY OF LU- CRETIA. Yes, noble lady, I swear by this blood, which was once so pure, and which nothing but royal villany could have polluted, that 1 will pursue Lucius Tarquinius the proud, his wicked wife, and their children, with fire and sword: nor will I ever surfer any of that family, or of any other whatso- ever, to be king in Rome. Ye gods, I call you to witness this my oath ! — There. Romans, turn your eyes to that sad spectacle — the daughter of Lu- cretius, Collatinns's wife — she died by her own band. See there, a noble lady, whom the lust of 92 ELEGANT EXTRACTS. BOOK V. a Tarquin reduced to the necessity of being her own executioner, to attest her innocence. Hos- pitably entertained by her as a kinsman of her husband's, Sextus, the perfidious guest, became her brutal ravisher. The chaste, the generous Lucretia could not survive the insult. Glorious woman ! But once only treated as a slave, she thought life no longer to be endured. Lucretia, a woman, disdained a life that depended on a ty- rant's will ; and shall we, shall men, with such an example before our eyes, and after five-and-twenty years of ignominious servitude, shall we, through a iear of dying, defer one single instant to assert our liberty ? No, Romans, now is the time ; the fa- vourable moment we have so long waited for is come. Tarquin is not at Rome. The Patricians are at the head of the enterprise. » The city is abundantly provided with men, arms, and all things necessary. There is nothing wanting to secure the success, if our own courage does not fail us. And shall those warriors, who have ever been so brave when foreign enemies were to be subdued, or when conquests were to be made to gratify the ambition and avarice of Tarquin, be then only cowards, when they are to deliver them- selves from slavery? Some of you are perhaps in- timidated by the army which Tarquin now com- mands. The soldiers, you imagine, will take the part of their general. Banish so groundless a fear. The love of liberty is natural to all men. Your fellow-citizens in the camp feel the weight of oppression with as quick a sense as you that are in Rome : they will as eagerly seize the occasion of throwing off the yoke. But let us grant there BOOK V. ORATIONS AND HARANGUES. 63 may be some among them, who, through baseness of spirit or a bad education, will be disposed to favour the tyrant. The number of these can be but small, and we have means sufficient in our hands to reduce them to reason. They have left us hostages more dear to them than life. Their wives, their children, their fathers, their mothers, are here in the city. Courage, Romans, the gods are for us : those gods, whose temples and altars the impious Tarquin has profaned by sacrifices and libations made with polluted hands, polluted with blood, and with numberless unexpiated crimes committed against his subjects. Ye gods, who protected our forefathers ; ye genii, who watch for the preservation and glory of Rome, do you inspire us with courage and unanimity in this glorious cause, and we will to our last breath de- fend your worship from all profanation. Lit y. HANNIBAL TO HIS SOLDIERS. I know not, soldiers, whether you or your pri- soners be encompassed by fortune with the stricter bonds and necessities. Two seas enclose you on the right and left ; — not a ship to flee to for escap- ing. Before you is the Po, a river broader and more rapid than the Rhone ; behind you are the Alps, over which, even when your numbers were undiminished, you were hardly able to force a pas- sage. Here then, soldiers, you must either con- quer or die, the very first hour you meet the enemy. But the same fortune which has thus 04 ELEGANT EXTRACTS, BOOK V. laid you under the necessity of fighting, has set be- fore your eyes those rewards of victory, than which no men are ever wont to wish for greater from the immortal gods. Should we by our valour recover only Sicily and Sardinia, which were ra- vished from our fathers, those would be no incon- siderable prizes. Yet, what are these ? The wealth of Rome, whatever riches she has heaped together in the spoils of nations, all these, with the masters of them will be yours. You have been long enough employed in driving the cattle upon the vast mountains of Lusitania and Celti- beria; you have hitherto met with no reward worthy of the labours and dangers you have under- gone. The time is now come to reap the full re- compense of your toilsome marches over so many mountains and rivers, and through so many na- tions, all of them in arms. This is the place which fortune has appointed to be the limits of your labours ; it is here that you will finish your glorious warfare, and receive. an ample recom- pense of your completed service. For I would not have you imagine, that victory will be as difficult as the name of a Roman war is great and mounding. It has often happened that a despised enemy has given a bloody battle, and the most re- nowned kings and nations have by a small force been overthrown. And if you but take away the flitter of the Roman name, what is there, wherein they may stand in competition with you ! For (to say nothing of your service in war for twenty years together with so much valour and success) from the very pillars of Hercules, from the ocean, from the utmost bounds of the earth, through so BOOK V. ORATIONS AND HARANGUES. 95 many warlike nations of Spain and Gaul, are you not come hither -victorious; And with whom are you now to tight ; With raw soldiers, an undisci- plined army, beaten, vanquished, besieged by the Gauls the very last summer, an army unknown to their leader, and unacquainted with him. Or shall I, who was born I might almost say but certainly brought up, in the tent of my father, that most excellent general, shall I, the conqueror of Spain and Gaul, and not only of the Alpine na- tions, but, which is greater yet, of the Alps them- selves, shall I compare myself with this half-yeai captain ? A captain before whom should one plac* the two armies without their ensigns, I am per- suaded he would not know to wbich of them he i consul? I esteem it no small advantage, soldiers. that there is not one among you, who has no' often been an eye-witness of my exploits in war ; not one of whose valour I myself have not been a spectator, so as to be able to name the times and places of his noble achievements; that with sol- diers, whom I have a thousand times praised ami rewarded, and whose pupil I was, before I became their general, I shall march against an army o<. men, strangers to one another. On what side soever I turn my eyes, I behold all full of courage and strength ; a veteran infan- try ; a most gallant cavalry ; you, my allies, most faithful and valiant ; you, Carthaginians, whom not only your country's cause, but the justest anger impels to battle. The hope, the courage of assailants, is always greater than of those who act upon the defensive. With hostile banners dis- played, you are come down upon Italy ; you bring T6 ELEGANT EXTRACTS. BOOK V. the war. Grief, injuries, indignities fire your minds, and spur you forward to revenge. — First they demanded me ; that I, your general, should he delivered up to them ; next, all of you, who had fought at the siege of Saguntum ; and we were to be put to death by the extremest tortures. Proud and cruel nation ! Every thing must be yours, and at your disposal ! You are to prescribe to us with whom we shall make war, with whom we shall make peace ! You are to set us bounds ; to shut us up within hills and rivers ; but you — you are not to observe the limits which yourselves have fixed ! Pass not the Iberus. What next ? Touch not the Saguntines ; Saguntum is upon the Iberus, move not a step towards that city. Is it a small matter then, that you have deprived us of our an- cient possessions, Sicily and Sardinia ; you would have Spain too ? Well, we shall yield Spain ; and then — you will pass into Africa. Will pass, did I say ? — This very year they ordered one of their consuls into Africa, the other into Spain, No, soldiers, there is nothing left for us but what we can vindicate with our swords. Come on, then. Be men. The Romans may with more safety be cowards ; they have their own country behind them, have places of refuge to flee to, and are se- cure from danger in the roads thither ; but for you there is no middle fortune between death aud victory. Let this be but well fixed in your minds, and once again, I say, you are conquerors. Livy, BOOK V. ORATIONS AND HARANGUES. 97 SOPHONISBA TO MASSINISSA. The will of the gods, your valour, and good for- tune, have this day put us entirely in your power. But if it be permitted a captive to lift up a suppli- cating voice to the lord of her life, to embrace his knees, and touch his conquering hand, I beg and entreat, by the regal dignity which we, too, lately possessed; by the Numidian name, which Syphax shared with you ; by the deities of this royal man- sion, (may they prove more propitious to you than they have to him!) that you would grant this one favour to a wretched suppliant : — not to subject me to the cruel and imperious dominion of a Roman ; but to determine the fate of your pri- soner according to your own pleasure. Had I been no other than the wife of Syphax, I would ra- ther commit myself to the faith of a Numidian, and, like myself, a native of Africa, than to that of a stranger and a foreigner. What a Carthagi- nian, what the daughter of Asdrubal has to appre- hend from a Roman, yourself may judge ! Oh! if it be no otherwise possible, deliver me, I beseech and implore you, from the Roman power, by death. Liry. SCIPIO TO THE ROMANS. On this day, tribunes and Roman citizens ! I gained a signal victory in Africa over Hannibal and the Carthaginians. Since, then, such a day ought to be free from strife and litigation, I shall immediately go from hence to the Capitol to VOL III. o 98 ELEGANT EXTRACTS. BOOK V. pay my adorations to the highest Jove, to Juno, Minerva, and the other deities who preside over the sacred citadel; and I shall return them thanks, that both on this day, and many times be- side, they have inspired me with the spirit, and abi- lity of doing essential service to the republic. Let such of you, too, as have leisure, accompany me; and pray the gods that you may ever have leaders like myself. For as, from the term of seventeen years to the decline of life, you have always out- gone my age by the honours conferred on me, so I have anticipated your honours by my actions. Uvy. MANLIUS TO HIS SON. Since you, Titus Manilas! forgetful of the reve- rence due to the consular and paternal authority, have fought with the enemy out of your rank, con- trary to our express command, and thereby, as far as in you lay, have dissolved that military disci- pline which has hitherto supported the Roman state, and have reduced me to the necessity of dis- regarding either the public or my own family; it is just that we should suffer for our own crime, Fa- ther than that the commonwealth should pay the forfeit for us, to its own great detriment. We shall afford a sad but salutary example to the youth of firture times. I cannot but be moved on this occasion, not only on account of the natural affection which every man bears to his children, but through regard to that specimen of early va- lonr you have exhibited, though deceived by a false appearance of glory. Yet since the consular BOOK V. ORATIONS AND HARANGUES. 99 authority is either to receive a perpetual sanction by your death, or to be for ever abrogated by your impunity ; I cannot suppose that even your- self, if any of my blood flows in your veins, would refuse to repair by your punishment that breach in military discipline which your fault has made. Go, lictor, bind him to the stake. Livy. MUCIUS SC^EVOLA TO KING PORSENA. I am a Roman citizen — my name Mucins. My purpose was to kill an enemy. Nor am I less pre- pared to undergo the punishment, than I was to perpetrate the deed. To do and to suffer bravely is a Roman's part. Neither am I the only person thus affected towards you. There is a long list of competitors for the same honour. If, therefore, you choose to confront the danger of setting your life every hour at hazard, prepare yourself — you will have the foe in the very porch of your palace. This is the kind of war that the Roman youth declare against you. You have no- thing to fear in the field The combat is against you alone, and every individual is your antago- nist. Livy. 100 ELEGANT EXTRACTS. BOOK V. C. MARIUS TO THE ROMANS, ON THEIR HESITAT- ING TO APPOINT HIM GENERAL IN THE EXPE- DITION AGAINST JUG URTHA, MERELY ON AC- COUNT OF HIS EXTRACTION. It is hut too common, my countrymen, to observe a material difference between the behaviour of those, who stand candidates for places of power and trust, before and after their obtaining them. They solicit them in one manner, and execute them in another. They set out with a great ap- pearance of activity, humility, and moderation ; and they quickly fall into sloth, pride, and ava- rice. It is, undoubtedly, no easy matter to dis- charge, to the general satisfaction, the duty of a supreme commander in troublesome times. I am, I hope, duly sensible of the importance of the office I propose to take upon me, for the service of my country. To carry on, with effect, an ex- pensive war, and yet be frugal of the public money ; to oblige those to serve, whom it may be delicate to offend ; to conduct, at the same time, a complicated variety of operations ; to concert measures at home, answerable to the state of tilings abroad ; and to gain every valuable end, in spite of opposition from the envious, the iac- tious, and the disaffected ; to do all this, my countrymen, is more difficult, than is generally thought. And, besides the disadvantages, which are common to me with all others in eminent sta- tions, my case is, in this respect, peculiarly hard; that, whereas a commander of patrician rank, if he is guilty of a neglect, or breach of duty, has BOOKV. ORATIONS AND HARANGUES. 101 his great connexions, the antiquity of his family, the important service of his ancestors, and the multitudes he has by power engaged in his interest, to screen him from condign punishment; my whole safety depends upon myself; which renders it the more indispensably necessary for me to take care, that my conduct be clear and unexception- able. Besides, I am well aware, my countrymen, that the eye of the public is upon me; and that, though the impartial, who prefer the real advan- tage of the commonwealth to all other considera- tions favour my pretensions, the patricians want nothing so much, as an occasion against me. It is, therefore, my fixed resolution, to use my best endeavours, that you be not disappointed in me, and that their indirect designs against me maybe defeated. I have, from my youth, been familiar with toils, and with dangers. I was faithful to your interest, my countrymen, when I served you for no reward, but that of honour. It is not my design to betray you, now that you have con- ferred upon me a place of profit. You have com- mitted to my conduct the war against Jugurtha. The patricians are offended at this. But where would be the wisdom of giving such a command to one of their honourable body, a person of illus- trious birth, of ancient family, of innumerable statues, but — of no experience? What service would his long line of dead ancestors, or his multi- tude of motionless statues, do his country in the day of battle ? What could such a general do, but, in his trepidation and inexperience, have recourse to some inferior commander, for direction in diffi- culties, to which he was not himself equal ? Thus, 102 ELEGANT EXTRACTS. BOOK V. your patrician general would, in fact, have a ge- neral over him ; so that, the acting commander would still be a plebeian. So true is this, my coun- trymen, that I have myself known those, who have been chosen consuls, begin then to read the history of their own country, of which, till that time, they were totally ignorant ; that is, they first obtained the employment, and then bethought themselves of the qualifications necessary for the proper discharge of it. I submit to your judg- ment, Romans, on which side the advantage lies, when a comparison is made between patrician haughtiness, and plebeian experience. The very actions which they have only read, I have partly seen, and partly myself achieved. What they know by reading, I know by action. They are pleased to slight my mean birth : I despise their mean characters. Want of birth and fortune is the objection against me : want of personal worth against them. But are not all men of the same species? What can make a difference between one man and another, but the endowments of the mind? For my part, I shall always look upon the bravest man as the noblest man. Suppose it were inquired of the fathers of such patricians as Albi- nus and Bestia, whether, if they had their choice, they would desire sons of their character, or of mine; what would they answer; but that they should wish the worthiest to be their sons? If the patricians have reason to despise me, let them likewise despise their ancestors, whose nobility was the fruit of their virtue. Do they envy the honours bestowed upon me ? Let them envy like- wise my labours, my abstinence, and the dangers BOOK V. ORATIONS AND HARANGUES. 103 I have undergone for my country ; I>y which I have acquired them. But those worthless men lead such a life of inactivity, as if they despised any honours you can bestow ; whilst they aspire to honours, as if they had deserved them by the most industrious virtue. They arrogate the re- wards of activity for their having enjoyed the pleasures of luxury. Yet none can be more lavish, than they are, in praise of their ancestors. And they imagine they honour themselves by celebrat- ing their forefathers. Whereas they do the very contrary. For, as much as their ancestors were distinguished for their virtues, so much are they disgraced by their vices. The glory of ancestors casts a light, indeed, upon their posterity; but it only serves to show what the descendants are. It alike exhibits to public view their degeneracy, and their worth. I own, I cannot boast of the deeds of my forefathers : but I hope I may answer the cavils of the patricians by standing up in defence of what I have myself done. Observe, now, my countrymen, the injustice of the patricians. They arrogate to themselves honours on account of the exploits done by their forefathers, whilst they will not aflow me the due praise for performing the very same sort of actions in my own person. He has no statues, they cry, of his family. He can trace no venerable line of ancestors. — What then ? Is it matter of more praise to disgrace one's illus- trious ancestors, than to become illustrious by his own good behaviour ? What if I can show no statues of my family? I can show the standards, the armour, and the trappings, which I have my- self taken from the vanquished : I can show the 104 ELEGANT EXTRACTS. COOK V. scars of those wounds, which I have received by facing the enemies of my country. These are my statues. These are the honours I boast of; not left me by inheritance, as theirs ; but earned by toil, by abstinence, by valour, amidst clouds of dust, and seas of blood ; scenes of action, where those effeminate patricians, who endeavour, by indirect means, to depreciate me in your esteem, have never dared to show their faces. Sallust. MICIPSA TO JUGURTHA. You know, Jugurtha ! that I received you under my protection in your early youth, when left a helpless and hopeless orphan. I advanced you to high honours in my kingdom ; in the full assurance that you would prove grateful for my kindness to you; and that, if I came to have children of my own, you would study to repay to them what you owed to me. Hitherto I have had no reason to repent of my favours to you. For, to omit all former instances of your extraordinary merit, your late behaviour in the Numantian war has reflected upon me, and my kingdom, a new and distinguished glory. You have, by your valour, rendered the Roman commonwealth, which be- fore was well affected to our interest, much more friendly. In Spain, you have raised the honour of my name and crown. And you have surmounted what is justly reckoned one of the greatest diffi- culties; having, by your merit, silenced envy. My dissolution seems now to be fast approaching. 1 therefore beseech and conjure you, my dear Ju- BOOK V. ORATIONS AND HARANGUES. 105 gurtha, by this right hand ; by the remembrance of my past kindness to yon ; by the honour of my kingdom, and by the majesty of the gods ; be kind to my two sons whom my favour to you has made your brothers; and do not think of forming a connexion with any stranger to the prejudice of your relations. It is not by arms, nor by trea- sures, that a kingdom is secured, but by well af- fected subjects and allies. And it H$ by faithful and important services, that friendship (which neither gold will purchase, nor arms extort) is se- cured. But what friendship is more perfect than that which ought to obtain between brothers? What fidelity can be expected among strangers, if it is wanting among relations? The kingdom, I leave you, is in good condition, if yon govern it properly; if otherwise, it is weak. For by agree- ment a small state increases : by division a great one falls into ruin. It will lie upon you, Jugur- tha, who are come to riper years than your bro- thers, to provide that no misconduct produce any bad effect. And, if any difference should arise between you and your brothers (which may the gods avert !) the public will charge you, however innocent you may be, as the aggressor, because your yeafs and abilities give you the superiority. But I firmly persuade myself, that you will treat them with kindness, and that they will honour and esteem vou, as your distinguished virtue deserves. Sallust VOL. ftl. 106 ELEGANT EXTRACTS. BOOK V. ADIIERBAL TO THE ROMAN SENATE, IMPLORING THEIR PROTECTION AGAINST JUGURTHA. It is known to you, that king Micipsa, my father, on his death-bed, left in charge, to Jngurtha, his adopted son, conjointly with my unfortunate bro- ther Hiempsal, and myself, the cnildren of his own body, the administration of the kingdom or Numidia ; directing us, to consider the senate and people of Rome as proprietors of it. He charged us to use our best endeavours, to be ser- viceable to the Roman commonwealth, in peace and war : assuring us, that your protection would prove to us a defence against all enemies, and would be instead of armies, fortifications, and treasures. While my brother and I were thinking of no- thing but how we should regulate ourselves ac- cording to the direction of our deceased father, Jugurtha, the most infamous of mankind ! break- ing through all ties of gratitude and of common humanity, and trampling on the authority of the Roman commonwealth, procured the murder of my unfortunate brother, and has driven me from my throne, and native country ; though he knows I inherit, from my grandfather Massinissa, and my father Micipsa, the friendship and alliance of the Romans. For a prince to be reduced, by villany, to my distressful circumstance, is calamity enough; but my misfortunes are heightened, by the considera- tion, that I find myself obliged to solicit your as- sistance, fathers, for the services done you by my ancestors, not for any I have been able to render BOOK V. ORATIONS AND HARANGUES. 107 you in my own person. Jugurtha has put it out of my power to deserve any thing at your hands; and has forced me to he burdensome, before I could be useful to you. And yet, iflhadno plea, but my undeserved misery — a once power- ful prince, the descendant of a race of illustrious monarchs, now, without any fault of my own, des- titute of every support, and reduced to the neces- sity of begging foreign assistance, against an enemy, who has seized my throne and my kingdom —if my unequalled distresses were all I had to plead ; it would become the greatness of the Roman commonwealth, the arbiter of the world, to protect the injured, and to check the triumph of daring wickedness over helpless innocence. But to provoke your vengeance to the utmost, Jugurtha has driven me from the very dominions, which the senate and people of Rome gave to my ancestors ; and from which my grandfather and my father, under your protection, expelled Sy- phax and the Carthaginians. Thus, fathers, your kindness to our family is defeated; and Jugurtha, in injuring me, throws contempt on you. O wretched prince ! O cruel reverse of fortune ! O father Micipsa) is this the consequence of your generosity ; that he, whom your goodness raised to an equality with your own children, should be the murderer of your children? Must, then, the royal house of Numidia always be a scene of havoc and blood? While Carthage remained, we suffered as was to be expected, all sorts of hardships from their hostile attacks: our enemy near; our only powerful ally, the Roman commonwealth, at a 108 ELEGANT EXTRACTS. BOOK V. distance. While we were so circumstanced, we were always in arms, and in action. When that scourge of Africa was no more, we congratulated ourselves on the prospect of established peace. But, instead of peace, behold the kingdom of Numidia, drenched with royal blood ! and the only surviving son of its late king, flying from an adopted murderer, and seeking that safety in foreign parts, which he cannot command in his own kingdom ! Whither — oh ! whether shall I fly ? If I return to the royal palace of my ancestors, my father's throne is seized by the murderer of my brother. What can I there expect, but that Jugurtha should hasten to imbrue, in my blood, those hands which are now reeking with my brother's? If I were to fly for refuge, or for assistance, to any other court; from what prince can I hope for protection, if the Roman commonwealth give me up r From my own family or triends, I have no ex- pectations. My royal father is no more. He is beyond the reach of violence, and out of hearing of the complaints of his unhappy son. Were my brother alive, our mutual sympathy would be some alleviation. But he is hurried out of life, in his early ycuth, by the very hand which should have been the last to injure any of the royal family of Numidia. The bloody Jugurtha has butchered all whom he suspected to be in my interest, Some have been destroyed by the linger- ing torment of the cross. Others have been given a prey to wild beasts ;-and their anguish made the sport of men, more cruel than wild beasts. If BOOK V. ORATIONS AND HARANGUES. 109 there be any yet alive, they are shut up in dun- geons; there to drag out a life, more intolerable thin death itself. Look down, illustrious senators of Rome ! from that height of power, to which you are raised, on the unexampled distresses of a prince, who is, by the cruelty of a w icked intruder, become an out- cast from all mankind. Let not the crafty insinu- ations of him, who returns murder for adoption, prejudice your judgment. Do not listen to the wretch, who has butchered tiie son and relations of a king, who gave him power to sit on the same throne with his own children. — I have been in- formed, that he labours, by his emissaries, to pre- vent your determining any thing against him, in his absence; pretending, that I magnify my dis- tress; and that I might, for him, have staid in peace in my own kingdom. Bat. if ever the time come, when the due vengeance from above shall overtake him, he will then dissemble in the very same manner as 1 do. Then he, who, now, hardened in wickedness, triumphs over those whom his violence has laid low, will, in his turn, feel distress ; and suffer for his impious ingrati- tude to my father, and his blood-thirsty cruelty to my brother. O murdered, butchered brother ! O dearest to my heart! now gone for ever from my sight! But, why should I lament his death ? He is, indeed, deprived of the blessed light of heaven, of life and kingdom, at once, by the very person, who ought to have been the first to hazard his own life in defence of any one of Micipsa's family : but, as things now are, my brother is not so much de- 110 ELEGANT EXTRACTS. BOOK T. p rived of these comforts, as delivered from ter- rour, from flight, from exile, and the endless train of miseries which render life to me a burden. He lies full low, gored with wounds, and festering in his own blood. But he lies in peace. He feels none of the miseries which rend my soul with agony and distraction; whilst 1 am set up a spec- tacle, to all mankind, of the uncertainty of human affairs. So far from having it in my power to re- venge his death, I am not nmter of the means of securing my own life. So far from being in a condition to defend my kingdom from the violence of the usurper, I am obliged to apply for foreign protection for my own person. Fathers! senators of Rome! the arbiters of the world! to you 1 fly, for refuge, from the murderous fury of Jugurtha. By your affection for your children; by your love for your country ; by your own virtues ; by the majesty of the Roman com- monwealth ; by all that is sacred ; and all that is dear to you! deliver a wretched prince, from un- deserved, unprovoked injury: and save the king- dom of Numidia, which is your own property, from being the prey of violence, usurpation, and cruelty. Sallust. CALISTHENES's REPROOF OF CLEON's FLATTERY TO ALEXANDER. If the king were present, Cleon, there would be no need of my answering to what you have just proposed. He would himself reprove you for endeavouring to draw him into an imitation of BOOK V. ORATIONS ANiJ HARANGUES. Ill foreign absurdities, and for bringing envy upon him by sucb unmanly flattery. As he is absent, I take upon me to tell you in his name, that lib praise is lasting, but what is rational ; and that you do what you can to lessen his glory, instead of adding to it. Heroes have never, among us, been deified, till after their death. And whatever may be your way of thinking, Cleon, for my part, I wish the king may not for many years to come, obtain that honour. Yon have mentioned, as pre- cedents of what yon propose, Hercules and Bac- chus. Do you imagine, Cleon, that they were dei- fied over a cup of wine? And are you and I qua- lified to make gods ? Is the king, our sovereign, to receive his divinity from you and me, who are his subjects ? First try your power, whether you can make a king. It is, surely easier to make aking, than a god ; to give an earthly dominion, than a throne in Heaven. I only wish, that the gods may have heard, without offence, the arrogant proposal you have made, of adding one to their number; and that they may still be propitious to us, as to grant the continuance of that success to our af- fairs, with which they have hitherto favoured us. For my part, I am not ashamed of my country ; nor do I approve of our adopting the rites of fo- reign nations, or learning from them how we ought to reverence our kings. To receive laws, or rules of conduct from them, what is it, but to confess ourselves inferior to them ? Quintus Curtius. 112 ELEGANT EXTRACTS. BOOK V. THE SCYTHTAN AMBASSADORS TO ALEXANDER. If your person were as gigantic as your desires, the world would not contain you. Your right hand would touch the east, and your le(t the west, at the same time. You grasp at more than you are equal to. From Europe you reach Asia: from Asia you lay hold on Europe. And if you should conquer all mankind, you seem disposed towage war with woods and snows, with rivers and wild beasts, and to attempt to subdue nature. But have you considered the usual course of things? Have you reflected, that great trees are many years in growing to their height, and are cut down in an hour. It is foolish to think of the fruit only without considering the height you have to climb, to come at it. Take care lest, while you strive to reach the. top, you fall to the ground with the branches you have laid hold on. The lion when dead is devoured by ravens ; and rust consumes the hardness of iron. There is nothing so strong, but it is in danger from what is weak. It will, therefore, be your wisdom, to take care how you venture beyond your reach. Besides, what have you to do with the Scythians, or the Scythians with you? We have never invaded Macedon : why should you attack Scythia? We inhabit vast deserts, and pathless woods, where we do not want to hear of the name of Alexander. We are not dis- posed to submit to slavery ; and we have no ambi- tion to tyrannize over any nation. That you may understand the genius of the Scythians, we present -ou with a yoke of oxen, an arrow, and a goblet. vVe use. these respectively in our commerce with BOOK V. ORATIONS AND HARANGUES. 113 triends, and with foes. We give to our friends the corn which we raise by the labour of our oxen. With the goblet we join with them in pouring drink offerings to the gods; and with ar- rows we attack our enemies. We have conquered those, who have attempted to tyrannize over us in our own country, and likewise the kings of the Medes and Persians, when they made unjust war upon us; and we have opened to ourselves a way into Egypt. You pretend to be the punisher of robbers ; and are yourself the general robber of mankind. You have taken Lydia: you have seized Syria : you are master of Persia : you have subdued the Bactrians; and attacked India. All this will not satisfy you, unless you lay your greedy and insatiable hands upon our flocks and our herds. How imprudent is your conduct! You grasp at riches, the possession of which only in- creases your avarice. You increase your hunger by what should produce satiety; so that the more you have, rhe more you desire. But have you forgot how long the conquest of the Bactrians de- tained you? While you were subduing them, the Sogdians revolted. Your victories serve no other purpose, than to find you employment by produc- ing new wars. For the business of every conquest is twofold ; to win, and to preserve. And though you may be the greatest of warriors, you must ex- pect, that the nations you conquer will endeavour to shake off the yoke as fast as possible. For what people chooses to be under foreign domi- nions? If you will cross the Tanais, you may travel over Scythia, and observe how extensive a territory we inhabit; But to conquer us is quite l r ()I. III. Q 1!4 ELEGANT EXTRACTS. BOOK V. another business. Your army is loaded with the cumbrous spoils of many nations. You will find the poverty of the Scythians, at one time, too nimble for your pursuit ; and, at another time, when you think we are fled far enough from you, you will have us surprise you in your camp. For the Scythians attack with no less vigour than they fly. Why should we put you in mind of the vast- ness of the country you will have to conquer? The deserts of Scythia are commonly talked of in Greece; and all the world knows, that our delight is to dwell at large, and not in towns or plan- tations. It will therefore be your wisdom to keep with strict attention what you have gained. Catching at more, you may lose what you have. We have a proverbial saying in Scythia, that fortune has no feet, and is furnished only with hands, to distribute her capricious favours, and with fins to elude the grasp of those, to whom she has been bountiful. You give yourself out to be a god, the son of Jupiter Hammon. It suits the character of a god, to bestow favours on mortals ; not to deprive them of what they have. But if you are no god, reflect on the precarious condi- tion of humanity. You will thus show more wis- dom, than by dwelling on those subjects which have puffed up your pride, and made you forget yourself. You see how little you are likely to gjtiii by attempting the conquest of Scythia. On the other hand, you may, if you please, have in us a valuable alliance. We command the borders of both Europe and Asia. There is nothing between us and Bactra, but the river Tanais : and our territory extends to Thrace, which, as we have BOOK V. ORATIONS AND HARANGUES. 115 heard, borders on Macedon. If you decline at- tacking us in a hostile manner, you may have our friendship. Nations, which have never been at war, are on an equal footing. But it is in vain, that confidence is reposed in a conquered people. There can be no sincere friendship between the oppressors and the oppressed. Even in peace, the latter think themselves entitled to the rights of war against the former. We will, if you think good, enter into a treaty with you, according to our manner, which is, not by signing, sealing, and taking the gods to witness, as is the Grecian cus- tom; but by doing actual services. The Scythians are not used to promise ; but to perform without promising. And they think an appeal to the gods superfluous ; for that those, who have no regard for the esteem of men, will not hesitate to offend the gods by perjury. You may therefore consi- der with yourself, whether you had better have a people of such a character, and so situated as to have it in their power either to serve you, or to annoy you, according as you treat them, for allies, or for enemies. Quintus Curtius. SPEECH OF CHARIOEMUS, AN ATHENIAN L'\ILE AT THE COURT OF DARIUS, ON BEING ASKED HIS OPINION OF THE WARLIKE PREPARA- TIONS MAKING BY THAT PRINCE AGAINST ALEXANDER. Perhaps your majesty may not hear the truth from the mouth of a Grecian, and an exile : and if I do not declare it now, I never will ; perhaps 116 ELEGANT EXTRACTS. BOOK V, I may never have another opportunity. Your majesty's numerous army, drawn from various nations, and which unpeoples the east, may seem formidable to the neighbouring countries. The gold, the purple, and the splendour of arms, which strike the eyes of beholders, make a show which surpasses the imagination of all who have not seen it. The Macedonian army, with which your ma- jesty's forces are going to contend, is, on the con- trary, grim, and horrid of aspect, and clad in iron. Tiie irresistible phalanx is a body of men who, in the field of battle, fear no onset, being practised to hold together, man to man, shield to shield, and spear to spear ; so that a brazen Avail might as soon be broken through. In advancing, in wheeling to right or left, in attacking, in every exercise of arms, they act as one man. They answer the slightest sign from the commander, as if his soul animated the whole army. Every soldier has a knowledge of war sufficient for a general. And this discipline, by which the Macedonian army is become so formidable, was first established, and has been all along kept up, by a fixed contempt of what your majesty's troops are so vain of, I mean gold and silver. The bare earth serves them for beds Whatever will satisfy nature, is their luxury. Their repose is always shorter than the night. Your majesty may, therefore, judge, whe- ther the Thessalian, Acarnanian, and Etolian ca- valry, and the Macedonian phalanx — an army that has, in spite of all opposition, overrun half the world — are to be repelled by a multitude (how- ever numerous) armed with slings, and stakes hardened at the points by fire. To be upon equal BOOK V. ORATIONS AND HARANGUES. 117 terms with Alexander, your majesty ought to have an army composed of the same sort of troops ; and they are no where to be had, but in the same countries which produced those conquerors of the world. — It is therefore my opinion, that, if your majesty were to apply the gold and silver, which now so superfluously adorns your men, to the pur- pose of hiring an army from Greece, to contend with Greeks, you might have some chance for success ; otherwise I see no reason to expect any thing else, than that your army should be defeat- ed, as all the others have been who have encoun- tered the irresistible Macedonians. Quintus Curtius. GALGACUS, THE GENERAL OF THE CALEDONII, TO HIS ARMY, TO INCITE THEM TO ACTION AGAINST THE ROMANS. When I reflect on the causes of the war, and the circumstances of our situation, I feel a strong per- suasion that our united efforts on the present day will prove the beginning of universal liberty to Britain. For none of us are hitherto debased by slavery ; and we have no prospect of a secure re- treat behind us, either by land or sea, whilst the Roman fleet hovers around. Thus the use of arms, which is at all times honourable to the brave, here offers the only safety even to cowards. In all the battles which have yet been fought with various success against the Romans, the resources of hope and aid were in our hands ; for we, the noblest in- habitants of Britain, and therefore stationed in its 118 ELEGANT EXTRACTS. BOOK V. deepest recesses, far from the view of servile shores, have preserved even our eyes unpolluted by the contact of subjection. We, at the furthest limits both of land and liberty, have been de- fended to this day by the obscurity of our situa- tion and of our fame. The extremity of Britain is now disclosed ; and whatever is unknown be- comes an object of importance. But there is no nation beyond us ; notbing but waves and rocks ; and the romans are kefore us. The arrogance of these invaders it will be in vain to encounter by obsequiousness and submission. These plunderers of the world, after exhausting the land by their devastations, are rifling the ocean : stimulated by avarice, if their enemy be rich ; by ambition, if pnor : unsatiated by the east and by the west: the only people who behold wealth and indigence with equal avidity. To ravage, to slaughter, to usurp under false titles, they call empire; and when they make a desert, they call it peace. Our children and relations are by the appoint- ment of nature rendered the dearest of all things to us. These are torn away by levies to foreign servitude. Our wives and sisters, though they should escape the violation of hostile force, are polluted under the names of friendship and hospi- tality. Our estates and possessions are consumed in tributes ; our grain in contributions. Even the powers of our bodies are worn down, amidst stripes and insuits, in clearing woods and draining marches. Wretches born to slavery are first bought, and afterwards fed by their masters : Bri- tain continually buys, continually feeds her own servitude. And as among domestic slaves every BOOK V. ORATIONS AND HARANGUES. 1 IC new comer serves for the scorn and derision of his fellows ; so, in this ancient household of the world, we, as the last and vilest, are sought our to destruction. For we have neither cultivated lands, nor mines, nor harbours, which can induce them to preserve us for our labours ; and our va- lour and unsubmitting spirit will only render us more obnoxious to our imperious masters ; while the very remoteness and secresy of our situation. in proportion as it conduces to security, will tend to inspire suspicion. Since then all hopes of for- giveness are vain, let those at length assume cou- rage, to whom glory, to whem safety is dear. The Brigantines, even under a female leader, had force enough to burn the enemy's settlements, to storm their camps; and, if success has not introduced negligence and inactivity, w r ould have been abb entirely to throw oft the yoke: and shall not wr. untouched, unsubdued, and struggling not for the acquisition, but the continuance of liberty, declare- at the very first onset what kind of men Caledonia has reserved for her defence ? Can you imagine that the Romans are as brave in war as they are insolent in peace ? Acquiring renown from our discords and dissentious, they convert the errours of their enemies to the glory of their own army; an army compounded of the most different nations ; which, as success alone has kept together, misfortune will certainly dissipate. Unless, indeed, you can suppose that Gauls, and Germans, and (I blush to say it) even Britons, la- vishing their blood for a foreign state, to which they have been longer foes than subjects, will be retained by loyalty and affection ! Terrour and 120 ELEGANT EXTRACTS. BOOK V. dread alone, weak bonds of attachment, are the ties by which they are restrained ; and when these are once broken, those who cease to fear will begin to hate. Every incitement to victory is on our side. The Romans have no wives to animate them; no parents to upbraid their flight. Most of them have either no habitation, or a distant one. Few in number, ignorant of the country, looking around in silent horror at the woods, seas, and a haven itself unknown to them, they are delivered by the gods, as it were imprisoned and bound, into our hands. Be not terrified with an idle show, and the glitter of silver and gold, which can neither protect nor wound. In the very ranks of the enemy we shall find our own bands. The Britons will acknowledge their own cause. The Gaols will recollect their former liberty. The Germans will desert them, as the Usipii have lately done. Nor is there any thing formidable behind them: ungarrisoned forts; colonies of in- valids ; municipal towns distempered, and dis- tracted between unjust masters, and ill-obeying subjects. Here is your general ; here your army. There, tributes, mines, and all the train of servile punishments ; which whether to bear eternally, or instantly to revenge, this field must determine. March then to battle, and think of your ancestors and your posterity. Tacitus. BOOR V. ORATIONS AND HARANGUES. 121 SPEECH OF CANULEIUS, A ROMAN TRIBUNE, TO THE CONSULS; IN WHICH HE DEMANDS THAT THE PLEBEIANS MAY BE ADMITTED INTO THE CONSULSHIP, AND THAT THE LAW, PROHIBIT- ING PATRICIANS AND PLEBEIANS FROM IN- TERMARRYING, MAY BE REPEALED. What an insult upon us is this ! It* we are not so rich as the patricians, are we not citizens or' Rome as well as they? inhabitants of the same country? members of the same community ? The nations bordering upon Rome, and even strangers more remote, are admitted not only to marriages with us, but to what is of much greater importance, the freedom of the city. Are we, because we are commoners, to be worse treated than strangers ? —And, when we demand that the people may be free to bestow their offices and dignities on whom they please, do we ask any thing unreasonable or new ? do we claim more than their original inhe- rent right? What occasion then for all this uproar, as if the universe were falling to ruinl—They were just going to lay violent hands upon me in the senate-house. What ! must this empire then be unavoidably overturned ? Must Rome of necessity sink at once, if a plebeian, worthy of the office, should be raised to the consulship? The patricians, I am persuaded, if they could, would deprive you of the common light. It certainly offends them that you breathe, that you speak, that you have the shapes of men. Nay, but to make a commoner a consul, would be, say they, a most enormous thing. Numa Pompilius, however, without being so much as a VOL. III. R !22 ELEGANT EXTRACTS. BOOK V. Roman citizen, was made king of Rome : the elder Tarquin, by birth not even an Italian, was nevertheless placed upon the throne : Servins Tul- lius, the son of a captive woman (nobody knows who his father was), obtained the kingdom as tVe reward of his wisdom and virtue. In those days, no man in whom virtue shone conspicuous was rejected, or despised, on account of his race and descent. And did the state prosper less for that? were not these strangers the very best of all our kings? And supposing now, that a plebeian should have their talents and merit, must not he be suf- fered to govern us ? But, 'we find that, upon the abolition of the regal power, no commoner was chosen to the con- sulate.' And what of that ? Before Numa's time there were no pontiffs in Rome. Before Servius Tullius's days there was no census, no division of the people into classes and centuries. Who ever heard of consuls before the expulsion of Tarquin the Proud? Dictators, we all know, are of modern invention ; and so are the offices of tribunes, rediles, questors. Within those ten years we have made decemvirs, and we have unmade them. Is nothing to be done but what has been done before ? That very law forbidding marriages of patricians with plebeians, is not that a new thing? was there any such law before the decemvirs enacted it ? and a most shameful one it is in a free estate. Such marriages, it seems, will taint the pme blood of the nobility ! Why, if they think so, let them take care to match their sisters and daughters with men of their own sort. No plebeian will do violence to the daughter of a patrician ; those are BOOK V. ORATIONS AND HARANGUES. 123 exploits for our prime nobles. There is no need to fear, that we shall force any body into a con- tract of marriage. But, to make an express law to prohibit marriages of patricians with plebeians, what is this but to show the utmost contempt of us, and to declare one part of the community to be impure and unclean? They taik to us of the confusion there will be in families, if this statute should be repealed. I wonder they do not make a law against a com- moner's living near a nobleman, or going the same road that he is going, or being present at the same feast, or appearing in the same market-place : they might as well pretend, that these things make confusion in families, as that intermarriages will do it. Does not every one know, that the child will be ranked according to the quality of his fa- ther, let him be a patrician or a plebeian ? In short, it is manifest enough, that we have nothing in view but to be treated as men and citizens; nor can they, who oppose our demand, have any motive to do it, but the love of domineering. I would fain know of you, consuls and patricians, is the sove- reign power in the people of Rome, or in you ? I hope you will allow, that the people can, at their pleasure, either make a law or repeal one. And will you then, as soon as any law is proposed to them, pretend to list them immediately for the war, and hinder them from giving their suffrages, by leading them into the field? Hear me, consuls : whether the news of the w r ar you talk of be true, or whether it be only a false rumour, spread abroad for nothing but a colour to send the people out of the city, I declare, as tri- 121 ELEGANT EXTRACTS. BOOK V. bune, that this people, who have already so often spilt their blood in our country's cause, are again ready to arm for its defence and its glory, if they may be restored to their natural rights, and you will no longer treat us like strangers in our own country : but if you account us unworthy of your alliance by intermarriages : if you will not suffer the entrance to the chief offices in the state to be open to all persons of merit indifferently, but will confine your choice of magistrates to the senate alone — talk of wars as much as ever you please ; paint, in your ordinary discourses, the league and power of our enemies ten times more dreadful than you do now — I declare that this people, whom you so much despise, and to whom you are nevertheless indebted for all your victo- ries, shall never more enlist themselves ; not a man of them shall take arms ; not a man of them shall expose his life for imperious lords, with whom he can neither share the dignities of the state, nor in private life have any alliance by marriage. From Hooke. HANNIBAL S ADDRESS TO SCIPIO AFRICANUS, AT THEIR INTERVIEW PRECEDING THE BATTLE OF ZAMA. Since fate has so ordained it, that I, who begun the war, and who have been so often on the point of ending it by a complete conquest, should now come of my own motion to ask a peace: I am giad that it is of you, Scipio, I have the fortune to ask it. Nor will this be among the least oi your BOOKV. ORATIONS AND HARANGUES. 125 glories, that Hannibal, victorious over so many Roman generals, submitted at last to you. I could wish, that our fathers and we had con- fined our ambition within the limits which nature seems to have prescribed to it ; the shores of Africa, and the shores of Italy. The gods did not give us that mind. On both sides we have been so eager after foreign possessions, as to put our own to the hazard of war. Rome and Carthage have had, each in her turn, the enemy at her gates. But since errours past may be more easily blamed than corrected, let it now be the work of you and me to put an end, if possible, to the obstinate con- tention. For my own part, my years, and the ex- perience I have had of the instability of fortune, inclines me to leave nothing to her determination, which reason can decide. But much I feai^ Scipio, that your youth, your want of the like ex* perience, your uninterrupted success, may rende* you averse from the thoughts of peace. He whom fortune has never failed, rarely reflects upon her inconstancy. Yet, without recurring to former examples, my own may perhaps suffice to teach you moderation. I am that same Hannibal, who, after my victory at Cann-as, became master of the greatest part of your country, and deliberated with myself what fate I should decree to Italy and Rome. And now — see the change: Here, in Africa, I am come to treat with a Roman, for my own preservation and my country's. Such are the sports of fortune ? Is she then to be trusted be- cause she smiles? An advantageous peace is pre- ferable to the hope of victory. The one is in your own power, the other at the pleasure of the gods. 120 ELEGANT EXTRACTS. BOOK V. Should you prove victorious, it would add little to your own glory, or the glory of your country ; if vanquished, you lose in one hour all the honour and reputation you have been so many years ac- quiring. But what is my aim in all this ? — that you should content yourself with our cession of Spain, Sicily, Sardinia, and all the islands be- tween Italy and Africa. A peace on these condi- tions will, in my opinion, not only secure the fu- ture tranquillity of Carthage, but be sufficiently glorious for you, and for the Roman name. And do not tell me, that some of our citizens dealt fraudently with you in the late treaty — it is I, Hannibal, that now ask a peace : I ask it, because I think it expedient for my country ; and, thinking it expedient, I will inviolably maintain it. From Hooke. Scipio's Reply. I knew very weil, Hannibal, that it was the hope of your return which emboldened the Carthagi- nians to break the truce with us, and to lay aside all thoughts of a peace, when it was just upon flie point of being concluded ; and your present pro- posal is a proof of it. You retrench from their con- cessions every thing but what we are, and have been long, possessed of. But as it is your care that your fellow citizens should have the obliga- tions to you, of being eased from a great part of their burden, so it ought to be mine that they draw no advantage from their perfidiousness. No- body is more sensible than I am of the weakness BOOK V. ORATIONS AND HARANGUES. 127 of man, and the power of fortune, and that what- ever we enterprise issubjecttoa thousand chances. If, before the Romans passed into Africa, you had of your own accord quitted Italy, and made the offers you now make, I believe they would not have been rejected. But as you have been forced out of Italy, and we are masters here of the oper country, the situation of things is much altered. And, what is chiefly to be considered, the Cartha- ginians, by the late treaty, which we entered into at their request, were, over and above what you offer, to have restored to us our prisoners without ransom, delivered up their ships of war, paid us five thousand talents, and to have given hostages for the performance of all. The senate accepted these conditions, but Carthage failed on her part; Carthage deceived us. What then is to be done? Are the Carthaginians to be released from the most important articles of the treaty, as a reward of their breach of faith ? No, certainly. If, to the conditions before agreed upon, you had added some new articles to our advantage, there would have been matter of reference to the Roman people ; but when, instead of adding, you retrench, there is no room for deliberation. The Carthagi- nians therefore must submit to us at discretion, or must vanquish us in battle. From Hooke. 123 ELEGANT EXTRACTS. BOOK V. SPEECH OF TITUS QUINCTIUS TO THE ROMANS, WHEN THE JEQVl AND VOLSCI, TAKING ADVAN- TAGE OF THEIR INTESTINE COMMOTIONS RA- VAGED THEIR COUNTRY TO THE GATES OF ROME. Though I am not conscious, O Romans, of any crime by me committed, it is yet with tiie utmost shame and confusion that I appear in your assem- bly. You have seen it — posterity will know it! — in the fourth consulship of Titus Quirctius, the JEqui and Volsci (scarce a match for the Hernia alone) came in arms to the very gates of Rome, and went away again unchastised ! The course of our manners, indeed, and the state of our affairs, have long been such, that I had no reason to pre- sage much good ; but, could I have imagined that so great an ignominy would have befallen me this year, I would, by banishment or death, (if all other means had failed, (have avoided the station I am now in. What! might Rome then have been taken, if those men who were at our gates had not wanted courage for the attempt ?— Rome taken whilst I was consul ! — Of honours I had sufficient — of life enough— more than enough — I should have died in my third consulate. But who are they that our dastardly enemies thus despise? — the consuls, or you, Romans? If we are in fault, depose us, or punish us yet more severely. If you are to blame — may neither gods nor men punish your faults ! only may you repent ! No, Romans, the confidence of our enemies is not owing to their courage, or to their belief of your cowardice ; they have been too often vanquished, BOOK V. ORATIONS AND HARANGUES. 129 not to know both themselves and you. Discord, discord, is the ruin of this city ! The eternal dis- putes between the senate and the people are the sole cause of our misfortunes. While we will set no bounds to our dominion, nor you to your liberty ; while you impatiently endure patrician magis- trates, and we plebeian ; our enemies take heart, grow elated and presumptuous. In the name of the immortal gods, what is it, Romans, you would have? You desired tribunes; for the sake of peace, we granted them. You were eager to have decemvirs ; we consented to their creation. You grew weary of these decemvirs; we obliged them to abdicate. Your hatred pursued them when re- duced to private men ; and we suffered you to put to death, or banisli, patricians of the first rank in the republic. You insisted upon the restoration of the tribuneship ; we yielded : we quietly saw con- suls of your own faction elected. You have the protection of your tribunes, and the privilege of appeal : the patricians are subjected to the de- crees of the commons. Under pretence of equal and impartial laws, you have invaded our rights ; and we have suffered it, and we still suffer it. When shall we see an end of discord ? When shall we have one interest, and one common country? Victorious and triumphant, you show less temper than we under defeat. When you are to contend with us, you can seize the Aventine hill, you can possess yourselves of the Mons Sacer. The enemy is at our gates, the iEsquiline is near being taken, and nobody stirs to hinder it. But against us you are valiant, against us you can arm with diligence. Come on then, besiege the se- yoL in. s 130 ELEGANT EXTRACTS. BOOK V. nate-house, make a camp of the forum, fill the jails with our chief nobles ; and when you have achieved these glorious exploits, then, at last, sally out at the vEsquiline gate, with the same fierce spirits, against the enemy. Does your reso- lution fail you for this ? Go then, and behold from our walls your lands ravaged, your houses plundered and in flames, the whole country laid waste with fire and sword. Have you any thing here to repair these damages? Will the tribunes make up your losses to you ? They will give you words as many as you please ; bring impeachments in abundance against the prime men in the state; heap laws upon laws; assemblies you shall have without end: but will any of you return the richer from those assemblies ? Extinguish, O Romans, these fatal divisions; generously break this cursed enchantment, which keeps you buried in a scan- dalous inaction. Open your eyes, and consider the management of those ambitious men, who, to make themselves powerful in their party, study nothing but how they may foment divisions in the commonwealth. — If you can but summon up your former courage, if you will now march out of Rome with your consuls, there is no punishment you can inflict which I will not submit to, if I do not in a few days drive those pillagers out of our territory. This terrour of war, with which you seem so grievously struck, shall quickly be re- moved from Rome to their own cities. From Hooke. BOOK V, ORATIONS AND HARANGUES. 137 SPEECH OF JPUBLIUS SCIPIO TO THE ROMAN AR MY, BEFORE THE BATTLE OF THE TICIN. Were you, soldiers, the same army which I had with me in Gaul, I might well forbear saying any thing to you at this time : for what occasion could there be to use exhortation to a cavalry that had so signally vanquished the squadrons of the enemy upon the Rhone ; or to legions, by whom that same enemy, flying before them to avoid a battle, did in effect confess themselves conquered ? But, as these troops, having been enrolled for Spain, are there with my brother Cneius, making war under my auspices (as was the will of the senate and people of Rome), I, that you might have a consul for your captain, against Hannibal and the Carthaginians, have freely offered myself for this war. You, then, have a new general ; and I a new army. On this account, a few words from me to you will be neither improper nor unseason- able. That you may not be unapprized of what sort of enemies you are going to encounter, or of what is to be feared from them, they are the very same whom, in a former war, you vanquished both by land and sea; the same from whom you took Sicily and Sardinia, and who have been these twenty years your tributaries. You will not, I presume, march against these men, with only that courage with which you are wont to face other enemies ; but with a certain anger and indigna- tion, such as you would feel if you saw your slaves on a sudden rise up in anus against you. Con- quered and enslaved, it is not boldness, butneces- 132 ELEGANT EXTRACTS. BOOK V. sity, that urges them to battle, unless you can be- lieve that those who avoided righting when their army was entire, have acquired better hope by the loss of two-thirds of their horse and foot in the passage of the Alps. But you have heard, perhaps, that, though they are few in number, they are men of stout hearts and robust bodies; heroes of such strength and vigour, as nothing is able to resist. — Mere effigies ! nay, shadows of men ! wretches, emaciated with hunger and benumbed with cold ! bruised and battered to pieces among the rocks and craggy cliffs! their weapons broken, and their horses weak and foundered ! Such are the cavalry, and such the infantry, with which you are going to contend ; not enemies, but the fragments of ene- mies. There is nothing which I more apprehend, than that it will be thought Hannibal was van- quished by the Alps, before we had any conflict with him. But, perhaps, it was fitting it should be so ; and that, with a people and a leader who had violated leagues and covenants, the gods themselves, without man's help, should begin the war, and bring it to a near conclusion : and that we, who, next to the gods, have been injured and offended, should happily finish what they have begun. I need not be in any fear that you should sus- pect me of saying these things merely to encourage you, while inwardly I have different sentiments. What hindered me from going into Spain? That was my province, where I should have had the less dreaded Asdrubal, not Hannibal, to deal with. But hearing, as I passed along the coast of Gaul, BOOK V. ORATIONS AND HARANGUES. 133 of this enemy's march, I landed my troops, sent the horse forward, and pitched my camp upon the Rhone. A part of my cavalry encountered, and defeated that of the enemy. My infantry not being able to overtake theirs, which fled before us, I returned to my fleet : and, with all the ex- pedition I could use in so long a voyage by sea and land, am come to meet them at the foot of the Alps. Was it, then, my inclination to avoid a contest with this tremendous Hannibal ? and have I met with him only by accident and unawares ? or am I come on purpose to challenge him to the combat? I would gladly try whether the earth, within these twenty years, has brought forth a new kind of Cartnaginians ; or whether they be the same sort of men who fought at the iEgates, and whom, at Eryx, you suffered to redesm them- selves at eighteen denarii per head : whether this Hannibal, for labours and journeys, be, as he would be thought, the rival of Hercules ; or, whe- ther he be, what his father left him, a tributary, a vassal, a slave to the Roman people. Did not the consciousness of his wicked deed at Saguntum tor- ment him and make him desperate, he would have some regard, if not to his conquered country, yet surely to his own family, to his father's memory, to the treaty written with Hamilcar's own hand. We might have starved him in Eryx; we might have passed into Africa with our victorious fleet; and, in a few days, have destroyed Carthage. At their humble supplication, we pardoned them ; we released them, when they were closely shut up, without a possibility of escaping ; we made peace with them, when they were conquered. When 134 ELEGANT EXTRACTS. BOOK V . they were distressed by the African war, we con- sidered them, we treated them as a people under our protection. And what is the return they make us for all these favours ? Under the conduct of a hair-brained young man, they come hither to overturn our state, and lay waste our country. I could wish, indeed, that it were not so ; and that the war we are now engaged in concerned only our own glory, and not our preservation. But the contest at present is not for the possession of Sicily and Sardinia, but of Italy itself: nor is there behind us another army, which, if we should not prove the conquerors, may make head against our victorious enemies. There are no more Alps for them to pass, which might give us leisure to raise new forces. No, soldiers; here you must make your stand, as if you were just now before the walls of Rome. Let every one reflect, that he is now to defend, not his own person only, but his wife, his children, his helpless infants. Yet, let not private considerations alone possess our minds : let us remember that the eyes of the se- nate and people of Rome are upon us; and that, as our force and courage shall now prove, such will be the fortune of that city, and of the Roman empire. From Hooke. BRUTUS'S SPEECH IN VINDICATION OF CAESAR'S MURDER. Romans, countrymen, and lovers! — Hear me, for my cause ; and be silent that you may hear. Be- lieve me, for mine honour ; and have respect to BOOK V. ORATIONS AND HARANGUES. 135 mine honour that you may believe. Censure me, in your wisdom ; and awake your senses, that you may the better judge. If there be any in this assembly, any dear friend of Caesar's, to him I say, that Brutus's love to Caesar was no less than his. If, then, that friend demand, why Brutus rose against Caesar? this is my answer — Not that I loved Caesar less, but that I loved Rome more. Had you rather Caesar were living and die all slaves; than that Caesar weie dead, to live all freemen ! As Caesar loved me, I weep for him ; as he was fortunate, I rejoice at it; as he was valiant, I honour him; but as he was ambitious, I slew him. There are tears for his love, joy for his fortune, honour for his valour, and death for his ambition. Who's here so base, that would be a bond-man ? — If any, speak ; for him have I offended. Who's here so rude, that would not be a Roman ?— - If any, speak ; for him have I oifended. Who's here so vile, that will not love his country ? — If any, speak ; for him have I of- fended. — I pause for a reply. — None ?— Then none have I offended. I have done no more to Caesar, than you should do to Brutus. The question of his death is enrolled in the Capitol ; his glory not extenuated, wherein he was worthy ; nor his offences enforced, for which he suffered death. Here comes his body mourned by Mark An- tony ; who, though he had no hand in his death, shall receive the benefit of his dying, a place in the commonwealth ; as, which of you shall not ? With this I depart— That, as I slew my best lover 136 ELEGANT EXTRACTS. BOOK for the good of Rome, I have the same dagger for myself, when it shall please my country to need my death. Shakspeare. SENECA S ADDRESS TO THE EMPEROR NERO. May it please the imperial majesty of Caesar, fa- vourably to accept the humble submissions and grateful acknowledgements of the weak though faithful guide of his youth. It is now a great many years since I first had the honour of attending your imperial majesty as preceptor. And your bounty has rewarded my labours with such affluence, as has drawn upon me, what I had reason to expect, the envy of many of those persons, who are always ready to pre- scribe to their prince where to bestow, and where to withhold his favours. It is well known, that your illustrious ancestor, Augustus, bestowed on his deserving favourites, Agrippa and Maecenas, honours and emoluments, suitable to the dignity of the benefactor, and to the services of the re- ceivers: nor has his conduct been blamed. My employment about your imperial majesty has, in- deed, been purely domestic: I have neither headed your armies, nor assisted at your councils. But you know, sir (though there are some who do not seem to attend to it), that a prince may be served in different ways, some more, others less conspi- cuous; and that the latter may be to him as valua- ble as the former. * But what !' say my enemies, 'shall a private BOOK V. ORATIOiNS AND HARANGUES. 137 person, of equestrian rank, and a provincial by birth, be advanced to an equality with the patri- cians ? Shall an upstart, of no name nor family, rank with those who can, by the statues whieh make the ornament of their palaces, reckon back- ward a line of ancestors, long enough to tire out the fasti* ? Shall a philosopher who has written for others precepts of moderation, and contempt of all that is external, himself live in affluence and luxury ? Shall he purchase estates and lay out money at interest? Shall he build palaces, plant gardens, and adorn a country at his own expense, and for his own pleasure ?' Caesar lias given royally, as became imperial magnificence. Seneca has received what his prince bestowed ; nor did he ever ask : he is only guilty of — not refusing. Caesar's rank places him above the reach of invidious malignity. Seneca is not, nor can be, high enough to despise the en- vious. As the overloaded soldier, or traveller, would be glad to be relieved of his burden, so I, in this last stage of the journey of life, now that I find myself unequal to the lightest cares, beg, that Caesar would kindly ease me of the trouble of my unwieldy wealth. I beseech him to restore to the imperial treasury, from whence it came, what is to me superfluous and cumbrous. The time and the attention, which I am now obliged to bestow upon my villa and my gardens, I shall be glad to apply to the regulation of mv mind. Caesar is ill the flower of life; long may he be equal to the * The fasti, or calendars, of the ancients, had, as our almanacs, tables of kings, consuls, &c. VOL. III. T 1^8 ELEGANT EXTRACTS. BOOK V. toils of government ! His goodness will grant to his worn-out servant leave to retire. It will not be derogatory from Caesar's greatness to have it said, that he bestowed favours on some, who so far from being intoxicated with them, showed— that they could be happy, when (at their own re- quest) divested of them. 2 y acitus. THE DEFENCE OF SOCRATES BEFORE HIS JUDGES. Socrates, in his defence, employed neither arti- fice nor the glitter of eloquence. He had not re- course either to solicitation or entreaty. He brought neither his wife nor children to incline the judges in his favour, by their sighs and tears. But though he firmly refused- to make use of any other voice than his own, and to appear before his judges in the submissive posture of a suppliant, he did not behave in that manner out of pride, or contempt of the tribunal: it was from a noble and intrepid assurance, resulting from greatness of soul, and the consciousness of his truth and inno- cence. His defence had nothing timorous or weak in it. His discourse was bold, manly, generous, without passion, without emotion, full of the noble liberty of a philosopher, with no other ornament than that of truth, and brightened universally with the character and language of innocence. Plato, who was present, transcribed it afterwards, and without any additions, composed from it the work, which he calls the Apology of Socrates, one of the most consummate masterpieces of antiquity. The following is an extract from it. BOOK V. ORATIONS AND HARANGUES. 139 * I am accused of corrupting the youth, and of instilling dangerous maxims into their minds, as well in regard to divine worship, as to the rules of government. You know, Athenians, that I never made it my profession to teach : nor can envy, however violent, reproach me with having ever sold my instructions. I have an undeniable evi- dence for me iu this respect, which is my poverty. I am always equally ready to communicate my thoughts both to the rich and the poor, and to give them opportunity to question or answer me. I lend myself to every one who is desirous of be- coming virtuous ; and if, amongst those who hear ''me, there are any that prove either good or bad, neither the virtues of the one, nor the vices of the other, to which I have not contributed, are to be ascribed to me. My whole employment is to counsel the young and the old against too much love for the body, for riches, and all other preca- rious things, of whatever nature they be ; and against too little regard for the soul, which ought to be the object of their affection. For I inces- santly urge to you, that virtue does not proceed from riches; but, on the contrary, riches from virtue; and that all the other goods of human life, as well public as private, have their source in the same principle. ' If to speak in this manner be to corrupt youth, I confess, Athenians, that I am guilty, and deserve to be punished. If what I say be not true, it is most easy to convict me of falsehood. I see here a great number of my disciples : they have Only to come forward. It will perhaps be said, that the regard and veneration due to a master 140 ELEGANT EXTRACTS. BOOK V. who has instructed them, will prevent them from declaring against me : but their fathers, brothers, and uncles, cannot, as good relations and good citizens, excuse themselves for not standing forth to demand vengeance against the corrupter of their sons, brothers, and nephews. These are, however, the persons who take upon them my defence, and interest themselves in the success of my cause. ' Pass on me what sentence you please, Athe- nians ; I can neither repent nor alter my conduct. I must not abandon or suspend a function which God himself has imposed on me. Now he has charged me with the care of instructing my fel- low citizens. If after having faithfully kept all the posts wherein I was placed by our generals at Potidaea, Amphipolis, and Delium, the fear of death should at this time make me abandon that in which the divine Providence has placed me, by commanding me to pass my life in the study of philosophy for the instruction of myself and others; this would be a most criminal desertion indeed, and make me highly worthy of being cited before this tribunal, as an impious man who does not believe in the gods, Should you resolve to acquit me, I should not, Athenians, hesitate to say, I honour and love you ; but I shall choose rather to obey God than you ; and to my latest breath shall never renounce my philosophy, nor cease to ex- hort and reprove you according to my custom, by saying to each of you occasionally; "My good friend and citizen of the most famous city in the world for wisdom and valour, are you not ashamed to have no other thoughts than those of BOOK V. ORATIONS AND HARANGUES. 141 amassing wealth and of acquiring glory, credit, and dignities; neglecting the treasures of pru- dence, truth, and wisdom, and taking no pains to render your soul as good and perfect as it is capable of being?" ' I am reproached with abject fear, and mean- ness of spirit, for being so busy in imparting my advice to every one in private, and for having always avoided to be present in your assemblies to give my counsels to my country. I think I have sufficiently proved my courage and fortitude, both in the field, where I have borne arms with you, and in the senate, where I alone opposed the unjust sentence you pronounced against the ten captains, who had not taken up and interred the bodies of those who were killed and drowned in the sea-fight near the island Arginusae ; and when, upon more than one occasion, I opposed the violent and cruel orders of the thirty tyrants. What is it then that has prevented me from ap- pearing in your assemblies? It is that voice divine, which you have so often heard me men- tion, and Melitus has taken so much pains to ridicule. That spirit has attached itself to me from my infancy. It is a voice which I nevei hear but when it would prevent me from persist- ing in something I have resolved ; for it never exhorts me to undertake any thing. It is the same being that has always opposed me when I would have intermeddled in the affairs of the republic, and that with the greatest reason : for I should have been amongst the dead long ago, had I been concerned in the measures of the state, without effecting any thing to the advan- 142 ELEGANT EXTRACTS. BOOK V. tage of myself or our country. Do not take it ill, I beseech you, if I speak my thoughts without disguise, and with truth and freedom. Every man who would generously oppose a whole peo- ple, either amongst us or elsewhere, and who in- flexibly applies himself to prevent the violation of the laws, and the practice of iniquity in a go- vernment, will never do so long with impunity. It is absolutely necessary for a man of this dis- position, if he has any thoughts of living, to re- main in a private station, and never to have any share in public affairs. ' For the rest, Athenians, if, in my present ex- treme danger, I do not imitate the behaviour of those, who, upon less emergencies, have implored and supplicated their judges with tears, and have brought forth their children, relations, and friends; it is not through pride and obstinacy, or any con- tempt for you, but solely for your honour, and for that of the whole city. You should know, that there are amongst our citizens those who do not regard death as an evil, and who give that name only to injustice and infamy. At my age, and with the reputation, true or false which I have, would it be consistent for me, after all the lessons I have given upon the contempt of death, to be afraid of it myself, and to belie, in my last action, all the principles and sentiments of my past life? ' But without speaking of my fame, which I should extremely injure by such a conduct, I do not think it allowable to entreat a judge, nor to be absolved by supplications. He ought to be persuaded and convinced. The judge does not sit BOOK V. ORATIONS AND HARANGUES. 143 upon the bench to show favour, by violating the laws, but to do justice in conforming to them He does not swear to discharge with impunity whom he pleases, but to do justice where it is due. We ought not, therefore, to accustom you to perjury, nor you to suffer yourselves to be accustomed to it ; for, in so doing, both the one and the other of us equally injure justice and religion, and both are criminals. ' Do not, therefore, expect from me, Athenians, that I should have recourse amongst you to mean* which I believe neither honest nor lawful, espe- cially upon this occasion, wherein I am accused of impiety by Melitus: for, if I should influence you by my prayers, and thereby induce you to violate your oaths, it would be undeniably evident, that I teach you not to believe in the gods ; and even in defending and justifying myself, should furnish my adversaries with arms against me, and prove that I believe no divinity. But I am ver\ far from such bad thoughts : I am more convinced of the existence of God than my accusers are ; and so convinced, that I abandon myself to God and you, that you may judge of me as you shall deem best for yourselves and me.' Socrates pronounced this discourse with a firm and intrepid tone. His air, his action, his visage, expressed nothing of the accused. He seemed to be the masterof his judges, from the greatness of soul with which he spoke, without however losing any of the modesty natural to him. But how slight soever the proofs were against him, the faction was powerful enough to find him guilty. There was the form of a process against him, and 144 ELEGANT EXTRACTS. BOOK V. his irreligion was the pretence upon which it was grounded ; but his death was certainly a concert- ed thing. His steady uninterrupted course of ob- stinate virtue, which had made him in many cases appear singular, and oppose whatever he thought illegal or unjust, without any regard to times or persons, had procured him a great deal of envy and ill-will. After his sentence, he continued with the same serene and intrepid aspect with which he had long enforced virtue, and held tyrants in awe. When he entered his prison, which then became the residence of virtue and probity, his friends followed him thither, and continued to visit him during the interval between his condem- nation and his death. Goldsmith. END OF BOOK V. ELE SANT EXXR&CTSj i'{{(jy\ THE MO! ! XT B © OK' T IT E S KTH : SPEECHES. J.O>7]l,> O^, i'VIM.imi I'M) pSTJOraS SXfARFE PUT .YI/JI.T.V, & i Li [ AN, Street, Straad ELEGANT EXTRACTS, FROM THE MOST EMINENT PROSE WRITERS. BOOK VI. PARLIAMENTARY SPEECHES, SPEECH OF MR. CRESKELD ON THE DETENTION OF SOME MEMBERS OF THE HOUSE OF C03I- MONS, 1626. I stand up to speak somewhat concerning the point of the subjects' grievances, by imprisonment of their persons, without any declaration of the cause, contrary to, and in derogation of, the funda- mental laws and liberties of this kingdom. I think I am one of the puisnes of our profession, that are members of this house ; but howsoever, sure I am, that, in respect of my own inabilities, I am the puisne of the whole house : therefore, ac- cording to the usual course of students in our pro- fession, I may, as the puisne, speak first in time, because I can speak least in matter. VOL. III. U 146 ELEGANT EXTRACTS. BOOK VI. In pursuance of which course I shall rather put the case, than argue it ; and therefore I shall hum- bly desire, first of all, of this honourable house in general, that the goodness of the cause may re- ceive no prejudice, by the weakness of my argu- ment; and next, of my masters here of the same profession, in particular, that they, by their learned judgments, will supply the great defects I shall discover, by declaring of my unlearned opinion. Before I speak of the question, give me leave, as an entrance thereunto, to speak first of the oc- casion. Ye all know that justice is the life and the heart's blood of the commonwealth ; and if the commonwealth bleed in that master vein, all the balm in Gilead is but in vain to preserve this our body of policy from ruin and destruction. Justice is both columna et corona reipublica ; she is both the column and the pillar, the crown and the glory, of the commonwealth. This is made good in scripture, by the judgment of Solomon, the wisest king that ever reigned on earth. For first, she is the pillar ; for he saith, That by justice the throne is established. Secondly, she is the crown ; for he saith, That by justice a nation shall be exalted. Our laws, which are the rules of justice, are the ne plus ultra to both the king and the subject ; and, as they are Hercules's pillars, so are they the pil- lars of Hercules to every prince, which he must not pass. Give me leave to resemble justice to Nebuchad- nezzar's tree : for she is so great, that she doth shade, not only the palace of the king, and the BOOK VI. PARLIAMENTARY SPEECHES. 147 house of nobles, but doth also shelter the cottage of the poorest beggar. Wherefore, if either now the blasts of indigna- tion, or the unresistible violator of laws, necessity, hath so bruised any of the branches of this tree, that either our persons, or goods, or possessions, have not the same shelter as before, yet, let us not therefore neglect the root of this great tree; but rather, with all our possible means, endeavours, and unfeigned duties, both apply fresh and fertile mould under it, and also water it even with our own tears j that so these bruised branches may be recovered, and the whole tree again prosper and, flourish. For this I have learned from an ancient father of the church, that though preces regum sunt armatee, yet ar ma subditorum are but only preces et lachrymce. I know well that cor regis inscrutabile, and that kings, although they are but men before God, yet they are gods before men ; and therefore, to my gracious and dread sovereign (whose virtues are true qualities ingenerate, both in his judgment and nature), let my arm be cut off, nay, let my soul not live that day, that I shall dare to lift up my arm to touch that forbidden fruit, those flowers of his princely crown and diadem. But yet in our Eden, in this garden of the com. monwealth, as there are the flowers of the sun, which are so glorious, that they are to be handled only by royal majesty; so are there also some daisies and wholesome herbs, which every com- mon hand, that lives and labours in this garden, may pick and gather up, and take comfort and 148 ELEGANT EXTRACTS. BOOK VI, repast in them. Amongst all which, this oculus diei,this bona libertas, of which I am now to speak, is not one only, but the chief. SPEECH OF SIR ROBERT PHILIPS ON PUBLIC GRIEVANCES, 1627. I read of a custom amongst the old Romans, that once every year they had a solemn feast for their slaves, at which they had liberty, without excep- tion, to speak what they would, thereby to ease their afflicted minds ; which being finished, they severally returned to their former servitude. This may, with some resemblance and distinc- tion, well set forth our present state, where now, after the revolution of some time, and grievou? sufferance of many violent oppressions, we have, as those slaves had, a day of liberty of speech ; but shall not, I trust, be hereafter slaves, for we are free. Yet what new illegal proceedings our states and persons have suffered under, my heart yearns to think, my tongue falters to utter. They have been well represented by divers worthy gen- tlemen before me ; yet one grievance, and the main one, as I conceive, hath not been touched, which is our religion ; — religion, Mr. Speaker, made vendible by commission ; and men, for pe- cuniary annual rates, dispensed withal, whereby papists may, without fear of law, practise ido- latry. For the oppressions under which we groan, I draw them under two heads : acts of power BOOK VI. PARLIAMENTARY SPEECHES. 149 against law, and judgments of law against our liberty. Of the first sort are, strange instructions, violent exactions of money thereupon, imprisonment of the persons of such who (to deliver over to their posterity the liberty they received from their fore- fathers, and lawfully were in possession of) re- fused so to lend ; and this aggravated by the reme- diless continuance and length thereof ; and chiefly the strange, vast, and unlimited power of our lieu- tenants and their deputies, in billeting of soldiers, in making rates, in granting warrants for taxes as their discretions shall guide them. And all this against the law. These last are the most insupportable burdens that at this present afflict our poor country, and the most cruel oppression that ever yet the king- dom of England endured. These upstart deputy lieutenants (of whom perhaps in some cases and times there may be good use, being regulated by law) are the worst of grievances, and the most forward and zealous executioners of those violent and unlawful courses which have been commended unto them ; of whose proceedings, and for the qua- lifying of whose unruly power, it is more than time to consult and determine. Judgments of law against our liberty there have been three, each latter stepping forwarder than the former upon the right of the subject, aiming in the end to tread and trample under foot our law, and that even in the form of law. The first was the judgment of the postnati, whereby a nation (which I heartily love for their singular good zeal in our religion, and their free 150 ELEGANT EXTRACTS. BOOK VI. spirits to preserve our liberties far beyond many of us) is made capable of any tbe like favours, pri- vileges, and immunities, as ourselves enjoy ; and tbis especially argued in the exchequer chamber by all the judges of England. The second was, the judgment upon impositions in the exchequer court, by tiie barons, which hath been the source and fountain of many bitter waters of affliction unto our merchants. The third was, that fatal late judgment against the liberty of the subject imprisoned by the king, argued and pronounced but by one judge alone. I can live, although another who has no right, be put to live with me ; nay, I can live, although I pay excises and impositions more than I do ; but to have my liberty, which is the soul of my life, taken from me by power, and to have my body pent up in a gaol, without remedy by law, and to be so adjudged ! O improvident ancestors ! O unwise forefathers ! to be so curious in provid- ing for the quiet possession of our laws and the li- berties of parliament, and to neglect our persons and bodies, and let them lie in prison, and that durante bene placito. remediless ? If this be law, why do we talk of liberties? why do we trouble ourselves with a dispute about law, franchises, property of goods, and the like ? what may any man call his own, if not the liberty of his per- gon ? I am weary of treading these ways, and there- fore conclude to have a select committee deputed, to frame a petition to his majesty for redress of these things ; which being read, examined, and approved by the house, may be delivered to tbe BOOK VI. PARLIAMENTARY SPEECHES. 151 king, of whose gracious answer we have no cause to doubt, our desires being so reasonable, our in- tentions so loyal, and the manner so humble : neither need we fear this to be the critical parlia- ment, as was insinuated, or this a way to distrac- tion ; but assure ourselves of a happy issue : then shall the king, as he calls us his great council, find us his good council, and own us as his good coun- cil — which God grant. SPEECH OF THE EARL OF WARWICK, ON THB RIGHT OF THE CROWN TO IMPRISON THE SLBJECT ARBITRARILY, 1628. MY LORDS, I will observe something out of the laws, wherein this liberty of the subject's person is founded, and something out of the precedents which have been alleged ; as to magna chart a, and the rest concern- ing these points, they are acknowledged by ail to be now in force ; that they were made to secure the subjects from wrongful imprisonment ; and that they concern the king as much, or rather more, than the subject. Well then, besides magna charta, and those six other acts of parliament in the very point, we know that magna charta itself has been at least thirty times confirmed, so that now, at this time, we have thirty-six or thirty- seven acts of parliament to confirm this liberty, although it was made a matter of derision the other day in this house. One is that of 36 Edward III. No. 9, and ano- ther in the same year, No. 20, not printed, but 152 ELEGANT EXTRACTS. BOOK VI. yet as good as those that are ; and that of 42 Ed- ward III, cap. 3, so express in the point (espe- cially the petition of the commons that year, which was read by Mr. Littleton, with the king's answer, so full and free from all exception, to which I refer your lordships), that I know not how any thing in the world can be more plain. Now, therefore, if in parliament we shall make any doubt of that which is so fully confirmed by parliament, and in a case so clear, go about by new glosses to alter these old and good laws, we shall not only forsake the steps of our ancestors, who, in cases even of small importance, would answer no Junius leges Angliee mutari, but we shall yield up and betray our right in the greatest in- heritance the subjects of England have; and that is the laws of England. Truly, I wonder how any man can think that this house (though no lawyers) can admit of such a gloss upon a plain text, as should overthrow the very end and design of the law ; for whereas the law of magna charta is, That no freeman shall be imprisoned, but by lawful judgment of his peers, or the law of the land ; it has been insisted on by some, that by these words, the law of the land, it is to be understood, that the king hath power to commit without showing any cause ; which is an exposition, not only expressly contrary to other acts of parliament, and those expressly before cited, but against common sense. Mr. Attorney confesseth this law concerns the king. Why then, where, the law saith, the king shall not commit but by the law of the land, the meaning must be (as Mr. Attorney would have it) BOOK VI. PARLIAMENTARY SPEECHES. 153 that the king must not commit, but at his own pleasure ! and shall we think that our ancestors were so foolish as to hazard their persons and estates, and labour so much to get a law, and have it thirty times confirmed, that the king might not commit his subjects but at his own pleasure ? and that if he did commit any of his subjects without a cause shown, that then the party must lie in prison dining the king's pleasure ? Nothing can be imagined more ridiculous, or more con- trary to reason and common sense. From the precedents I observe, that many com- mitted by the king or his council have been deli- vered upon habeas corpus, and that constantly. It is true that some precedents were brought on the king's part, that when some of these persons desired to be delivered by habeas corpus, the king, or his council, signified his majesty's pleasure that they should be delivered ; or the king's attorney hath come into court and released them by the king's command. But this seems to make for the subject ; for, it being in his majesty's power to deliver them, who, by his special commandment, and without any cause shown, were imprisoned, may we not think that his majesty, at that time, would rather have staid their deliverance by law, than furthered it by his letters, and so make the prisoners rather beholden to him for his great mercy, than to the judges for justice, had not his majesty known that, at that time, they ought to have been delivered by law ? I think no man would imagine a wise king would have suffered his grace and prerogative (if any prerogative there were) to be so continually ques- VOL. III. X 154 ELEGANT EXTRACTS. BOOK VI. tioned ; or his majesty and his council to be so far from commanding the judges not to proceed to deliver the prisoners by them committed, without cause shown, as that on the other side (which is all the force of these precedents), the king and council should signify to the judges, that they should proceed to deliver the parties ! Certainly, if the king had challenged any such prerogative, that a person committed, without any cause shown, might not be delivered by the judges without his consent, it would have appeared, by- one precedent or other, amongst all that have been produced, that his majesty would have made some claim to such a prerogative ; but it appears, on the contrary, that in many of these cases the king nor his council did ever interpose ; and where they did, it was always in affirmation and encourage- ment to that court to proceed. And besides, the writing of letters from the king to the judges to do justice to his majesty's subjects, may, with as great reason, be interpreted, that without those letters they might not do justice ; as this, that the king signified his willingness that such and such persons, which were committed by him without cause shown, should be delivered, therefore they could not be delivered without him ; which is a strange reason. So that finding the laws so full, so many, and so plain in the point ; and that whenever any committed without cause shown, brought their ha- beas corpus t they were delivered, and no command ever given to the contrary, nor no claim made on the king's part to any such prerogative ; I may safely conclude, as the house of commons have done : and if any one precedent or two, of late, BOOK VI. PARLIAMENTARY SPEECHES. 155 can be shown, that the judges have not delivered the prisoners so committed, I think it is their fault, and ought to be inquired of: but contrarily, it seems to me to be an undoubted right of the sub- ject, that if he be committed without caase, or without cause shown, yet he may have some speedy course to bring himself to trial, either to justify his own innocency, or to receive punish- ment according to his fault ; for God forbid that an innocent man, by the laws of England, should be put in worse case than the most grievous male- factors are, as must needs be, if, when a cause is shown, he may have his trial ; but if none, he must lie and pine in prison during the king's pleasure. Mr. sergeant Ashley, the other day, told your lordships of the emblem of a king ; but, by his leave, he made a wrong use of it ; for the king holds in one hand the globe, and in the other the sceptre, the types of sovereignty and mercy ; but his sword of justice is ever carried before him by a minister of justice, which shows that subjects may have their remedies for injustice done, and that appeals lie to higher powers ; for the laws of Eng- land are so favourable to their princes, as to de- clare that they themselves can do no injustice. Therefore I will conclude, as all disputes should do, magna est Veritas et prcevalebit ; and I make no doubt, we living under so good and just a prince as we do, when this is represented unto him, he will answer us, magna est charta et prcevalebit. 155 ELEGANT EXTRACTS. BOOK VI. SPEECH OF SIR BENJAMIN RUDYARD, IN THE COMMITTEE APPOINTED TO INQUIRE INTO THE STATE OF RELIGION, L628. Mr. Pym, 1 did not think to have spoken to this bill, because I was willing to believe that the for- wardness of this committee would have prevented me ; but now I hold myself bound to speak, and to speak in earnest. In the first year of the king, and the second con- vention, I first moved for the increase and enlarge- ment of poor ministers' livings. I showed how necessary it was, though it had been neglected ; this was also commended to the house by his ma- jesty. There being then, as now, many accusa- tions on foot against scandalous ministers, I was bold to tell the house, that there was also scanda- lous livings, which were much the cause of the other; livings of five pounds, nay, even five marks a year ; that men of worth and parts would not be muzzled up to such pittances ; that there w 7 ere some such places in England, as were scarce in all Christendom beside, where God was little better known than amongst the Indians. I ex- ampled it in the utmost skirts of the north, where the prayers of the common people are more like spells and charms than devotions. The same blindness and ignorance is in the divers parts of Wales, which many in that country do both know and lament. I also declared, that to plant good ministers was the strongest and surest means to establish true religion ; that it would prevail more against pa- pistry, than the making of new laws, or executing BOOK VI. PARLIAMENTARY SPEECHES. 157 of old; that it would counterwork court conni- vance and lukewarm accommodation ; that though the calling of ministers be never so glorious within, the outward poverty will bring contempt upon them, especially among those who measure them by the ounce, and weigh them by the pound, which indeed is the greatest parr of men. Mr. Pym, I cannot but testify how, being in Germany, I was exceedingly scandalized to see the poor stipendiary ministers of the reformed churches there, despised and neglected by reason of their poverty, being otherwise very grave and learned men. I am afraid this is a part of the burden of Germany which ought to be a warning to us. I have heard many objections and difficulties, even to impossibilities against this bill. To him that is unwilling to go, there is ever a bear or a lion in the way. First, let us make ourselves willing, then will the way be easy and safe enough. I have observed, that we are always very eager and fierce against papistry, against scandalous ministers, and against things which are not so much in our power. I should be glad to see that we did delight as well in rewarding as in punish- ing, and in undertaking matters within our reach, as this is absolutely within our power. Our own duties are next us, other men's further off. I do not speak this, that I do mislike the destroying and pulling down of that which is ill, but then let us be as earnest to plant and build up that which is good in the room of it. The best and the greatest way to dispel darkness, and the deeds thereof, is to 158 ELEGANT EXTRACTS. BOOK VI. let in light ; we say that day breaks, but no man can ever hear the noise of it ; God comes in the still voice ; let us quickly mend our candlesticks, and we shall not want lights. I am afraid this backwardness of ours will give the adversary occasion to say, that we chose our religion because it is the cheaper of the two, and that we would willingly serve God with somewhat that costs us nought ; believe it, Mr. Pym, he that thinks to save any thing by his religion, but his soul, will be a terrible loser iu the end. We sow so sparingly, and that is the reason we reap so sparingly, and have no more fruit. Methinks, whosoever hates papistry, should, by the same rule, hate covetousness, for that is idolatry too. I never liked hot professions and cold actions ; such a heat is rather the heat of a distemper and disease, than of life and saving health. For scandalous ministers, there is no man shall be more forward to have them severely punished than I will be : when salt has lost its savour, fit it is to be cast on that unsavoury place, the dunghill. But, sir, let us deal with them as God hath dealt with us : God, before he made man, made the world, a handsome place for him to dwell in ; so let us provide them some convenient living, and then punish them in God's name ; but till then, scandalous livings cannot but have scandalous ministers. It shall ever be a rule to me, that when the church and commonwealth are both of one re- ligion, it is comely and decent that the outward splendour of the church should hold a proportion, and participate with the prosperity of the tempo- ral state; for why should we dwell in houses of BOOK VI. PARLIAMENTARY SPEECHES. 159 cedar, and suffer God to dwell in tin. It was a glorious and religious work of king James, and I speak it to his unspeakable honour, and to the praise of that nation, who (though that country be not so rich as ours, yet are they richer in th^ir affections to religion) within the space of one year caused churches to be planted through all Scotland, the highlands and borders, worth thirty pounds a year apiece, with a house and some glebe belonging to them ; which thirty pounds a year, considering the cheapness of the country, and the modest fashion of ministers living there, is worth double as much as any where within a hundred miles of Loudon. The printed act and commission whereby it may be executed, I have here in my hand, delivered unto me by a noble gentleman of that nation, and a worthy member of this house, sir Francis Stuart. To conclude, although Christianity and religion be established generally throughout this kingdom, yet, until it be planted more particularly, I shall scarce think this a Christian commonwealth ; see- ing it hath been moved in parliament, it will lie heavy upon parliaments, until it be effected. Let us do something for God here of our own, and no doubt God will bless our proceedings in this place the better for ever hereafter ; and for my own part, I will never give over soliciting this cause, as long as parliaments and I shall live together. 160 ELE'ANT EXTRACTS. BOOK VI. SPEECH OF EDMUND WALLER, ON THE QUES- TION WHETHER EPISCOPACY OUGHT TO BE ABOLISHED. 1640. « There is no doubt but the sense of what this nation hath suffered from the present bishops, hath produced these complaints; and the appre- hensions men have of suffering the like, in time to come, make so many desire the taking away of episcopacy : but I conceive it is possible that we may not, now, take a right measure of the minds of the people by their petitions ; for, when they subscribed them, the bishops were armed with a dangerous commission of making new canons, im- posing new oaths, and the like ; but now we have disarmed them of that, power. These petitioners, lately, did look upon episcopacy as a beast armed with horns and claws; but now that we have cut and pared them (and may, if we see cause, yet reduce it into narrower bounds), it may, perhaps, be more agreeable. Howsoever, if they be still in passion, it becomes us soberly to consider the right use and antiquity thereof; and not to com- ply further with a general desire, than may stand with a general good. We have already showed that episcopacy, and the evils thereof, are mingled like water and oil ; we have also, in part, severed them ; but I believe you will find that our laws and the present govern- ment of the church are mingled like wine and water ; so inseparable, that the abrogation of, at least, a hundred of our laws is desired in these petitions. I have often heard a noble answer of the lords commended in this house to a proposition BOOK VI. PARLIAMENTARY SPEECHES. 181 of like nature, but of less consequence ; they gave no other reason of their refusal but this, Nolumus mutare leges Anglice : it was the bishops who so answered them; and it would become the dignity and wisdom of this house to answer the people now with a Nolumus mutare. I see some are moved with a number of hands against the bishops ; which, I confess, rather in- clines me to their defence : for I look upon epis- copacy as a counterscarp, or outwork ; which if it be taken by this assault of the people, andj withal, this mystery once revealed, That we must deny them nothing when they ask it thus in troops, we may, in the next place, have as hard a task to defend our property, as we have lately had to recover it from the prerogative. If, by multiply- ing hands and petitions, they prevail for an equality in things ecclesiastical, the next demand perhaps may be lex agraria, the like equality in things temporal. The Roman story tells us, that when the people began to flock round the senate, and were more curious to direct and to know what was done, than to obey, that commonwealth soon came to ruin : their legem rogare grew quickly to be a legem ferre ; and after, when their legions had found that they could make a dictator, they never suffered the senate to have a voice any more, in such election. If these great innovations proceed, I shall ex- pect a flat and level in learning too, as well as in church preferments : honos alit artes. And though it be true, that grave and pious men do study for learning-sake, and embrace virtue for itself, yet it VOL. III. Y 162 ELEGANT EXTRACTS. BOOK VI. is true, that youth, which is the season when learning is gotten, is not without ambition ; nor ever will take pains to excel in any thing when there is not some hope of excelling others in re- ward and dignity. There are two reasons chiefly alleged against our church-government. First, scripture, which, as some men think, points out another form. Second, the abuses of the present superiors. For scripture, I will not dispute it in this place ; but I am confident that, whenever an equal divi- sion of lands and goods shall be desired, there will be as many places in scripture found out, which seem to favour that, as there are now alleged against the prelacy or preferment in the church. And, as for abuses, where you are now, in the remonstrance, told, what this and that poor man hath suffered by the bishops, you may be presented with a thousand instances of poor men that have received hard measure from their landlords ; and of worldly goods abused, to the injury of others and disadvantage of the owners. And therefore, Mr. Speaker, my humble motion is, That we may settle men's minds herein ; and, by a question, declare our resolution, to reform, that is not to abolish, episcopacy. BOOK VI. PARLIAMENTARY SPEECHES. 163 CONCLUSION OF THE EARL OF STAFFORD'S DE- FENCE OF HIMSELF BEFORE THE HOUSE OF LORDS. 1641. MY LORDS, It is hard to be questioned upon a law which can. not be shown. Where hath this tire lain hid so many hundred years, without smoke to discover it, till it thus burst forth to consume me and my children ? That punishment should precede promulgation of a law, to be punished by a law subsequent to the fact, is extreme hard. What man can be safe ;sf this be admitted ? My lords, it is hard in another respect, that there should be no token set by which we shonld know this offence ; no admonition by which we should avoid it. If the man pass the Thames in a boat, and split himself upon an anchor, and no buoy be floating to discover it, he who owneth the anchor shall make satisfaction ; but if a buoy be set there, every man passeth upon his own peril. Now, where is the mark, where is the token upon this crime, to declare it to be high treason ? My lords, be pleased to give that regard to the peerage of England, as never to expose yourselves to such moot points, such constructive interpre- tations of law : if there must be a trial of wits, let the subject matter be of somewhat else than the lives and honours of peers. It will be wisdom for yourselves, for your pos- terity, and for the whole kingdom, to cast into the fire these bloody and mysterious volumes of con- structive and arbitrary treason, as the primitive Christians did their books of curious arts, and be- 64 ELEGANT EXTRACTS. BOOK VI take yourselves to the plain letter of the law and statute, that telleth us what is, and what is not treason, without being ambitious to be more learn- ed in the art of killing than our forefathers. It is now full two hundred and forty years since any man was touched for this alleged crime, to this height, before myself. Let us not awaken these sleeping lions to our destruction, by taking up a few musty records that have lain by the walls so many ages, forgotten or neglected. May your lordships please not to add this to my other misfortunes ; let not a precedent be de- rived from me so disadvantageous as this will be, in its consequence, to the whole kingdom. Do not, through me, wound the interest of the com- monwealth ; and howsoever these gentlemen say, they speak for the commonwealth ; yet, in this particular, I indeed speak for it, and show the inconvenience and mischiefs that will fall upon it ; for, as it is said in the statute of 1 Henry IV. no one will know what to do or say, for fear of such penalties. Do not put, my lords, such difficulties upon ministers of state, that men of wisdom, of honour, and of fortune, may not with cheerfulness and safety be employed for the public. If you weigh and measure them by grains and scruples, the public affairs of the kingdom will lie waste ; no man will meddle with them, who hath any thing to lose. My lords, I have troubled you longer than I should have done, were it not for the interest of those dear pledges a saint in heaven hath left me. [At this word he stopped awhile, letting fall *ome tears to her memory ; then he went on] — BOOK VI. PARLIAMENTARY SPEECHES. 165 What 1 forfeit myself is nothing ; but that my indiscretion should extend to my posterity, wound- eth me to the very soul! You will pardon my infirmity. Something I should have added, but am notable ; therefore let it pass. Now, my lords, for myself, I have been, by the blessing of Almighty God, taught, that the afflic- tions of this present life are not to be compared to the eternal weight of glory which shall be re- vealed hereafter. And so, my lords, even so with all tranquillity of mind, I freely submit myself to your judgment, and whether that judgment be of life or death, te Deum laudamus. SPEECH OF THE EARL OF CAERNARVON ON THE IMPEACHMENT OF LORD DANBV.* 1678. MY LORDS, I understand but little of Latin, but a good deal of English, and not a little of the English * The following account has been given of this speech. ' Among tlie speakers on the impeachment of lord Dart- by was the earl of Caernarvon, who issaid never to have spoken before ; but having been heated with wine, and rallied by the duke of Buckingham on his never speak- ing, he said he would speak that very afternoon, and this having produced some wager between them, he went into the house with a resolution to speak on any subject that should offer itself. He accordingly stood up and delivered this speeeh, which being pronounced with a remarkable humour and tone, the duke of Buckingham cried out, "The man is inspired, and claret has done the business." 166 ELEGANT EXTRACTS. BOOK VI. history ; from which I have learned the mischiefs of such kind of prosecutions as these, and the ill fate of the prosecutors. I could bring many in- stances, and those very ancient ; but, my lords, I shall go no further back than the latter end of qr.een Elizabeth's reign : at which time the earl of Essex was run down by sir Walter Raleigh. My lord Bacon, he ran down sir Walter Raw- ieigh ; and your lordships know what became of my lord Bacon. The duke of Buckingham, he ran down my lord Bacon ; and your lordships know what happened to the duke of Buckingham. Sir Thomas Wentworth, afterwards earl of Strafford, ran down the duke of Buckingham ; and you all know what became of him. Sir Henry Vane, he ran down the earl of Strafford ; and your lord- ships know what became of sir Henry Vane. Chancellor Hyde, he ran down sir Henry Vane ; and your lordships know what became of the chancellor. Sir Thomas Osborn, now earl of Danby, ran down chancellor Hyde ; but what will become of the earl of Danby, your lordships best can tell. But let me see that man that dare run the earl of Danby down, and we shall soon see what will become of him. SPEECH OF SIR FRANCIS WINNINGTON ON THE PENSION BILL. 1680. MR. SPEAKER, Sir, the last house of commons, being sensible how narrowly this nation escaped being ruined by a sort of monsters, called pensioners, which sat BOOK VI. PARLIAMENTARY SPEECHES. 167 in the late long parliament, had entered into a consideration how to prevent the like from coming into future parliaments ; and in order thereto, resolved, that they would severely chastise some of those that had been guilty, and make the best laws they could to prevent the like for the future ; and for that purpose a committee was appointed , of which Mr. sergeant Gregory, now judge Gre- gory, was chairman, by which many papers re- lating to that affair came to his hands. Sir, I think it a business of so great importance, that it never ought to be forgotten, nor the prosecution of it deferred. I have often heard that England can never be destroyed but by itself: to have such parliaments was the most likely way that ever yet was invented. I remember a great lawyer said in this house, when it was debated in the last parliament, that it was treason ; and he gave many learned arguments to make it out. Whether it be so or no, I will not now offer to debate; but I think, that for those that are the legislators of the nation to take bribes to under- mine the laws and government of this nation, that they ought to be chastised as traitors. It was my fortune to sit here a little while in the long par- liament. I did observe that all those that had pensions, and most of those that had offices, voted all of a side, as they were directed by some great officer, as exactly as if their business in this house had been to preserve their pensions and offices, and not to make laws for the good of them that sent them here. How such persons could any way be useful for the support of the government, by preserving a fair understanding between the king 168 ELEGANT EXTRACTS. BOOK VI. and his people ; but on the contrary, how dan- gerous to bring in arbitrary power and popery, I leave to every man's judgment; they were so far from being the true representatives of the people, that they were a distinct middle interest between the king and the people, and their chief business was to serve the end of some great minister of state, though never so opposite to the true inte- rest of the nation. Sir, this business ought never to fall, though there should be never so many pro- rogations and dissolutions of parliaments, before any thing be done in it. I think it is the interest of the nation, that it should be prosecuted from parliament to parliament, as if there were an im- peachment against them ; and therefore, sir, I would humbly move you to send some members of this house to judge Gregory, for the papers he hath taken in his custody relating to this affair, that so you may, in convenient time, proceed farther herein, as you shall think good : and, sir, hearing there is a report that some of this house have now made a bargain at court for great offices, in order to vitiate and corrupt their votes in this house ; which, though but a project to cast a re- flection on such members, however, to satisfy the world, I pray, sir, let there be a vote passed, that uo member of this house shall accept of any office under the crown, during such time as he continues a member of this house. BOOK VI. PARLIAMENTARY SPEECHES. 169 SPEECH OF THE EARL OF STRAFFORD, ON THE MUTINY BILL. 1731. MY LORDS, It is certainly very necessary for us upon occasion of this bill to take the army under our considera- tion, and to determine what number of troops ought to be kept up ; because, my lords, this is the only opportunity we can have of reducing the number allowed of, in case we happen to think it too great ; and in case this bill goes the length of a committee, I shall then take the liberty to declare my sentiments upon that head. But, my lords, I now rise up to declare, that I am entirely against this bill, or any mutiny bill ; because I always looked upon it as setting up a constitution within a constitution ; or rather, indeed, it is the turning of our civil government into a military government. This, it is true, my lords, we may do by a law, and that law, when passed, will be a part of our constitution ; yet I hope it will not be said, that such an extraordinary law w r ould make no alteration in our constitution. I cannot be ot opinion, that the keeping up of any regular troops in this kingdom is absolutely necessary ; but grant- ing that it were, I am certain, that in order to keep such troops under proper discipline, it is not absolutely necessary to have a law against mutiny and desertion. I had, my lords, the honour to command a regiment of dragoons in the reign of king William, which was given to me at the time of the siesje of Namur ; and I very well remem- ber, that there was not at that time in England any such law, as what is now by this bill to be VOL III. Z 170 ELEGANT EXTRACTS. BOOK VI. enacted. We had then no such thing m mutiny bills yearly brought in, nor any such bill passed into a law, and yet in those days, we found means to keep our regiments in good order enough ; and I believe there was as exact discipline observed. in the regiments then quartered in England, as has been observed at any time since. If any of the soldiers committed any crime, they were sure to be punished ; but then they were punished ac- cording to the ancient laws of the kingdom. The officers took care to deliver them up to the civil power, and to see them convicted and punished as severely as the laws of their country would admit of; which we always found was sufficient for keep- ing the men in good order, and for making them observe the most exact discipline. If I were to enter into a particular examination of this bill, I could make strong objections against several clauses thereof; I shall only mention that of desertion: how unnecessary, how cruel is it, now in time of peace, to punish that crime with death ! In the time of war, such a severe punish- ment was necessary ; it was then just to punish it with death, because the deserters were generally at the same time guilty of the most heinous trea- chery ; they generally ran in to the enemy, and turned those arms against their country, which their country had put into their hands for its defence. But now, in time of peace, desertion has nothing in it of such a heinous nature ; if a poor fellow deserts, he runs but from one of our own regiments to another ; and the cruel treat- ment he meets with from some of the officer?, may often afford him an excuse, if his case be examin- BOOK VI. PARLIAMENTARY SPEECHES. 171 ed by men of humanity and candour. How many poor country fellows, either out of a frolic, or because they have been disobliged or slighted by their mistress, go and list themselves for soldiers ! When such a fellow begins to cool, he perhaps repents of what he has done, and deserts without any other view or design but that of returning home, and following some industrious and labo- rious way of living in his own country. Is it not hard, that such a poor fellow should be shot for such a trifling crime? The law perhaps may not be executed with rigour ; that, my lords, may be an excuse for the judge, but none for the law- giver ; considering that the officers are the suf- ferers by desertion, and also the judges in all trials of that crime, I think, my lords, that their not executing the law with rigour, is a convincing argument, that the pains are too severe ; but, my lords, as I am against the bill itself, as well as every clause thereof, I am therefore against giving it a second reading, or entering into the conside- ration of the several clauses of it. SPEECH OF MR. PULTENEY, ON THE MOTION FOR REDUCING THE ARMY. 1731. We have heard a great deal about parliamentary armies, and about an army continued from year to year. I have always been, sir, and shall be, against a standing army of any kind. To me it is a ter- rible thing, whether under tint of parliament, or any other designation ; a standing army is still a standing army, whatever name it be called by ; 172 ELEGANT EXTRACTS. BOOK VI. they are a body of men distinct from the body of the people; they are governed by different laws: blind obedience, and an entire submission to the orders of their commanding officer, is their only principle. The nations around us are already enslaved, and have been enslaved by those very means : by means of their standing armies, they have everyone lost their liberties. It is, indeed, impossible that the liberties of the people can be preserved in any country where a numerous stand- ing army is kept up. Shall we then take any of our measures from the examples of our neighbours? No, sir; on the contrary, from their misfortunes we ought to learn to avoid those rocks upon which they have split. It signifies nothing to tell me, that our army is commanded by such gentlemen as cannot be sup- posed to join in any measures for enslaving their country ; it may be so, I hope it is so ; I have a very good opinion of many gentlemen now in the army ; I believe they would not join in any such measures ; but their lives are uncertain, nor can we be sure how long they may be continued in command ; that they may not be all dismissed in a moment, and proper tools of power put in their room. Besides, sir, we know the passions of men ; we know how dangerous it is to trust the best of men with too much power. Where was there a braver army than that under Julius Caesar? where was there ever an army that had served their coun- try more faithfully ? That army was commanded generally by the best citizens of Rome ; by men of great fortune and figure in their country ; yet that army enslaved their country ; the affections BOOK VI. PARLIAMENTARY SPEECHES. 173 of the soldiers towards their country, the honour and integrity of the under officers, are not to be depended on. By the military law, the adminis- tration of justice is so quick, and the punishment so severe, that neither officer or soldier dares to dispute the orders of his supreme commander; he must not consult his own inclinations. If an offi- cer were commanded to pull his own father out of this house, he must do it ; he dares not disobey ; immediate death would be the sure consequence of the least grumbling; and if an officer were sent ir.to the court of requests, accompanied by a body of musketeers with screwed bayonets, and with orders to tell us what we ought to do, and how we were to vote, I know what would be the duty of this house ; I know it would be our duty to order the officer to be taken and hanged up at the door of the lobby. But, sir, I doubt much, if such a spirit could be found in the house, or in any house of commons that will ever be in England. Sir, I talk not of imaginary things ; I talk of what has happened to an English house of com- mons, and from an English army ; not only from an English army, but an army that was raised by that very house of commons ; an army that was paid by them, and an army that was commanded by generals appointed by them : therefore do not let us vainly imagine that an army raised and main- tained by authority of parliament, will always be submissive to them. If an army be so numerous as to have it in their power to overawe the par- liament, they will be submissive as long as the parliament does nothing to disoblige their favou- rite general ; but when that case happens, I am 174 ELEGANT EXTRACTS. BOOK VI. afraid, that instead of the parliament's dismissing the army, the army will dismiss the parliament, as they have done heretofore. Nor does the legality or illegality of that parliament, or of that army, alter the case : for with respect to that army, and according to their way of thinking, the parliament dismissed by them was a legal parliament ; they were an army raised and maintained according to law; and at first they were raised, as they ima- gined, for the preservation of those liberties, which they afterwards destroyed. It has been urged, sir, that whoever is for the Protestant succession must be for continuing the army. For that very reason, sir, I am against continuing the army. I know that neither the Protestant succession in his majesty's most illus- trious house, nor any succession, can ever be safe, as long as there is a standing army in the country. Armies, sir, have no regard to hereditary succes- sions. The first two Caesars at Rome did pretty well, and found means to keep their armies in tolerable subjection, because the generals and offi- cers were all their own creatures; but how did it fare with their successors? Was not every one of them named by the army, without any regard to hereditary light, or to any right ? a cobler, a gar- dener, or any man who happened to raise himself in the army, and could gain their affections, was made emperor of the world. Was not every suc- ceeding emperor raised to the throne, or tumbled headlong into the dust, according to the mere whim or mad frenzy of the soldiers? We are told, "Oh ! gentlemen, but this army is desired to be continued but for one year longer, it BOOK VI. PARLIAMENTARY SPEECHES. 175 is not desired to be continued for any term of years." How absurd is this distinction! Is there any army in the world continued for any term of years? Does the most absolute monarch tell his army, that he is to continue them for any number of years, or any number of months? How long have we already continued our army from year to year? And if it thus continues, wherein will it differ from the standing armies of those countries which have already submitted their necks to the yoke ? We are now come to the Rubicon ; our army is now to be reduced, or it never will. From his majesty's own mouth we are assured of a pro- found tranquillity abroad — we know there is one at home. If this is not a proper time, if these circumstances do not afford us a safe opportunity for reducing at least a part of our regular forces, we never can expect to see any reduction ; and this nation, already overloaded with debts and taxes, must be loaded with the heavy charge of perpetually supporting a numerous standing army, and remain for ever exposed to the danger of having its liberties and privileges trampled upon, by any future king or ministry who shall take it in their heads to do so, and shall take a proper care to model the army for that purpose. SPEECH OF SIR G. HEATHCOTE, ON THK ESTA- BLISHMENT OF EXCISE OFFICERS. 1732. SIR, Other gentlemen have already fully explained and set forth the great inconveniences which must 17G ELEGANT EXTRACTS. BOOK VI. be brought on the trade of this nation, by the scheme now proposed to us ; those have been made very apparent, and from them arises a very strong objection against what is now proposed : but the greatest objection arises from the danger to which this scheme will most certainly expose the liberties of our country ; those liberties, for which our ancestors have so often ventured their lives and fortunes; those liberties, which have cost this nation so much blood and treasure, seem already to be greatly retrenched. I am sorry to say it, but what is now in dispute, seems to me to be the last branch of liberty we have to con- tend for : we have already established a standing army, and have made it, in a manner, a part ot our constitution; we have already subjected great numbers of the people of this nation to the arbi- trary laws of excise ; and this scheme is so wide a step towards subjecting all the rest of the peo- ple of England to those arbitrary laws, that it will be impossible for us to recover, or prevent, the fatal consequences of such a scheme. We are told that his majesty is a good and a wise prince : we all believe him to be so ; but I hope no man will pretend to draw any argument from thence for our surrendering those liberties and privileges, which have been handed down to us by our ancestors. We have, indeed, nothing to fear from his present majesty : he never will make a bad use of that power which we have put into his hands ; but if we once grant to the crown too great an extent of power, we cannot recall that grant when we have a mind ; and though his majesty should never make a bad use of it, some BOOK VI. PARLIAMENTARY SPEECHES. 177 of liis successors may : the being governed by a wise and good king, does not make the people a free people ; the Romans were as great slaves under the few good emperors they had to reign over them, as they were under the most cruel of their tyrants. After the people have once given up their liberties, their governors have all the same power of oppressing them, though they may not perhaps all make the same wicked use of the power lodged in their hands ; but a slave that has the good fortune to meet with a good-natured and a humane master, is no less a slave than he that meets with a cruel and barbarous one. Our liber- ties are too valuable, and have been purchased at too high a price, to be sported with, or wantonly given up even to the best of kings : we have be- fore now had some good, some wise and gracious ■"overeigns to reign over us, but we finds that under them our ancestors were as jealous of their liberties, as they were under the worst of our kings. It is to be hoped that we have still the same value for our liberties : if we have, we cer- tainly shall use all peaceable methods to preserve and secure them : and if such methods should prove ineffectual, I hope there is no Englishman but has spirit enough to use those methods for the preservation of our liberties, which were used by our ancestors for the defence of theirs, and for transmitting them down to us in that glorious condition in which we found them. There are some still alive who bravely ventured their lives and fortunes in defence of the liberties of their country ; there are many, whose fathers were em- barked in the same glorious cause ; let it never be VOL. III. A A 178 ELEGANT EXTRACTS. BOOK VI. said that the sons of such men wantonly gave up those liberties for which their fathers had risked so much, and that for the poor pretence of sup- pressing a few frauds in the collecting of the pub- lic revenues, which might easily have been sup- pressed without entering into any such dangerous measures. This is all I shall trouble you with at present ; but so much I thought it was incumbent upon me to say, in order that I might enter my protest against the question now before us. SIR ROBERT WALPOLE S SPEECH ON THE SAME OCCASION. SIR, As I was obliged, when I opened the affair now before you, to take up a great deal of your time, I then imagined that I should not have been under a necessity of giving you any further trouble; but when such things are thrown out, things which in my opinion are quite foreign to the debate ; when the ancient histories, not only of this but other countries, are ransacked for characters of wicked ministers, in order to adapt them to the present times, and to draw parallels between them and some modern characters, to which they bear no other resemblance than that they were ministers, it is impossible for one to sit still. Of late years I have dealt but little in the study of history ; but I have a very good prompter by me (meaning sir Philip Yorke), and by his means, I can recollect that the case of Empson and Dudley, mentioned by the honourable gentleman who spoke last, was BOOK VI. PARLIAMENTARY SPEECHES. 179 so very different from any thing that can possibly be presumed from the scheme now before us, that I wonder how it was possible to lug them into the debate. The case as to them was, that they had, by virtue of old and obsolete laws, most unjustly extorted great sums of money from people, who, as was pretended, had become liable to great pains and penalties, by having been guilty of breaches of those obsolete laws, which, for many years before, had gone entirely into disuse. I must say, and I hope most of those that hear me think, that it is very unjust and unfair to draw any parallel be- tween the character of those two ministers and mine, which was, I suppose, what the honourable gentleman meant to do, when he brought that piece of history into the debate. If I ever en- deavour to raise money from the people, or from any man whatever, by oppressive or illegal means, if my character should ever come to be in any repect like theirs, I shall deserve their fate. But while I know myself to be innocent, I shall depend upon the protection of the laws of my country. As long as they can protect me, I am safe; and if that protection should fail, I am pre- pared to submit to the worst that can happen. I know that my political and ministerial life has by some gentlemen been long wished at an end ; but they may ask their own disappointed hearts, how vain their wishes have been ; and as for my natural life, I have lived long enough to learn to be as easy about parting with it, as any man can well be. As to those clamours which have been raised without doors, and which are now so much insist- 139 ELEGANT EXTRACTS. BOOK VI. ed on, it is very well known by whom and by what methods they were raised, and it is no diffi- cult matter to guess with what views; but I am very far from taking them to be the sense of the nation, or believing that the sentiments of the generality of the people were thereby expressed. The most part of the people concerned in those clamours did not speak their own sentiments. They were played upon by others, like so many puppets; it was not the puppets that spoke, it was those behind the curtain that played them, and made them speak whatever they had a mind. There is now a most extraordinary concourse of people at our door. I hope it will not be said that all those people came there of themselves naturally, and without any instigation from others, for to my certain knowledge some very odd me- thods were used to bring such multitudes hither. Circular letters were wrote, and sent by the beadles, in the most public and unprecedented manner, round almost every ward in the city, summoning them upon their peril to come down this day to the house of commons. This I am certain of, because I have now one of those letters in my pocket, signed by a deputy of one of the greatest wards in the city of London, and sent by the beadle to one of the inhabitants of that ward ; and I know that such letters were sent in the same manner almost to every liveryman and tradesman in that ward ; and by the same sort of unwarrantable methods have the clamours been raised almost in every other part of the nation. Gentlemen may say what they please of the multitudes now at our door, and in all the avenues BOOK VI, PARLIAMENTARY SPEECHES. 181 leading to this house; they may call them a modest multitude, if they will ; but whatever temper they were in when they came hither, it may be very much altered now, after having wait- ed so long at our door. It may be a very easy matter for some designing seditious person to raise a tumult and disorder among them : and when tumults are once begun, no man knows where they may end. He is a greater man than any I know in the nation, that could with the same ease appease them. For this reason I must think, that it was neither prudent nor regular to use any methods for bringing such multitudes to this place, under any pretence whatever. Gentle- men may give them what name they think fit; it may be said, that they came hither as humble sup- plicants; but I know whom the law calls sturdy beggars, and those who brought them hither could not be certain but that the^ might have behaved in the same manner. SPEECH OF SIR JOHN ST. AUBIN, FOR REPEALING THE SEPTENNIAL ACT. 1733. MR. SPEAKER, The subject matter of this debate is of such im- portance, that I should be ashamed to return to my electors, without endeavouring, in the best manner I am able, to declare publicly the reasons which induced me to give my most ready assent to this question. The people have an unquestionable right to frequent new parliaments by ancient usage ; and 182 ELEGANT EXTRACTS. BOOK VI. his usage has been confirmed by several laws, which have been progressively made by our an- cestors, as often as they found it necessary to in- sist on this essential privilege. Parliaments were generally annual, but never continued longer than three years, till the remark- able reign of Henry VIII. He, sir, was a prince of unruly appetites, and of an arbitrary will ; he was impatient of every restraint ; the laws of God and man fell equally a sacrifice, as they stood in the way of his avarice, or disappointed his ambition: he therefore introduced long parliaments, because he very well knew that they would become the proper instruments of both ; and what a slavish obedience they paid to all his measures is suffi- ciently known. If we come to the reign of king Charles the First, we must acknowledge him to be a prince of a contrary temper ; he had certainly an innate love for religion and virtue. But here lay the misfortune -he was led from his natural dispo- sition by sycophants and flatterers ; they advised him to neglect the calling of frequent new par- liaments, and therefore by not taking the constant sense of his people in what he did, he was worked up into so high a notion of prerogative, that the commons (in order to restrain it) obtained that independent fatal power, which at last unhappily brought him to his most tragical end, and at the same time subverted the whole constitution. And I hope we shall learn this lesson from it, never to compliment the crown with any new or extrava- gant powers, nor to deny the people those rights, which by ancient usage they are entitled ; but BOOK VI. PARLIAMENTARY SPEECHES. 183 to preserve the just and equal balance, from which they will both derive mutual security, and which, if duly observed, will render our constitution the envy and admiration of all the world. King Charles the Second naturally took a sur- feit of parliaments in his father's time, and was therefore extremely desirous to lay them aside. But this was a scheme impracticable. However, in effect, he did so: for he obtained a parliament, which, by its long duration, like an army of vete- rans, became so exactly disciplined to his own measures, that they knew no other command but from that person who gave them their pay. This was a safe and most ingenious way of en- slaving a nation. It was very well known, that arbitrary power, if it was open and avowed, would never prevail here. The people were therefore imused with the specious form of their ancient constitution : it existed, indeed, in their fancy ; but, like a mere phantom, had no substance nor reality in it; for the power, the authority, the dignity of parliaments were wholly lost. This was that remarkable parliament which so justly obtained the opprobrious name of the ' Pension Parliament ;' and was the model from which, I believe, some later parliaments have been exactly copied. At the time of the Revolution, the people made a fresh claim of their ancient privileges ; and as they had so lately experienced the misfortune of long and servile parliaments, it was then declared, that they should be held frequently. But, it seems, their full meaning was not understood by this declaration ; and therefore, as in every new 184 ELEGANT EXTRACTS. BOOK VI. settlement, the intention of all parties should bf specifically manifested, the parliament never ceas- ed struggling with the crown, till the triennial law was obtained : the preamble of it is extremely full and strong ; and in the body of the bill you will find the word declared before enacted, by which I apprehend, that though this law did not imme- diately take place at the time of the Revolution, it was certainly intended as declaratory of their first meaning, and therefore stands a part of that original contract under which the constitution was then settled. His majesty's title to the crown is primarily derived from that contract ; and if, upon a review there shall appear to be any de- viations from it, we ought to treat them as so many injuries done to that title. And I dare say, that this house, which has gone through so long a series of services to his majesty, will at last be willing to revert to those original stated measures of government, to renew and strengthen that title. But, sir, I think the manner in which the sep- tennial law was first introduced, is a very strong reason why it should be repealed. People, in their fears, have very often recourse to desperate expedients, which, if not cancelled in season, will themselves prove fatal to that constitution, which they were meant to secure. Such is the nature of the septennial law; it was intended only as a preservative against a temporary inconvenience : the inconvenience is removed, but the mischiev- ous effects still continue; for it not only altered the constitntion of parliaments, but it extended that same parliament beyond its natural duration j BOOK VI. PARLIAMENTARY SPEECHES. 185 and therefore carries this most unjust implication with it, that you may at any time usurp the most indubitable, the most essential privilege of the people, I mean that of choosing their own re- presentatives. A precedent of such a dangerous consequence, of so fatal a tendency, that I think it would be a reproach to our statute-book, if that law was any longer to subsist, which might record it to posterity. This is a season of virtue and public spirit. Let us take advantage of it to repeal those laws which infringe our liberties, and introduce such as may restore the vigour of our ancient constitution. Human nature is so very corrupt, that all ob- ligations lose their force, unless they are frequently renewed. Long parliaments become therefore independent of the people, and when they do so, there always happens a most dangerous depen- dence elsewhere. Long parliaments give the minister an oppor- tunity of getting acquaintance with members, of practising his several arts to win them into his schemes. This must be the work of time. Corruption is of so base a nature, that at first sight it is extremely shocking. Hardly any one ha? submitted to it all at once. His disposition must be previously understood, the particular bait must be found out with which he is allured, and after all, it is not without many struggles that he surrenders his virtue. Indeed, there are some, who will at once plunge themselves into any base action; but the generality of mankind are of a move cautious nature, and will proceed only by leisurely degrees. One or two perhaps VOL III. B B 186 ELEGANT EXTRACTS. BOOK \l. have deserted their colours the first campaign, some have done it a second ; but a great many, who have not that eager disposition to vice, will wait till a third. For this reason, short parliaments have been less corrupt than long ones; they are observed, like streams of water always to grow more impure the greater distance they run from the fountain- head. I am aware, it may be said, that frequent new parliaments will produce frequent new expenses ; but I think quite the contrary. I am really of opinion, that it will be a proper remedy against the evil of bribery at elections, especially as you have provided so wholesome a law to co-operate upon these occasions. Bribery at elections, whence did it arise ? Not from country gentlemen, for they are sure of being chosen without it ; it was, sir, the invention of wicked and corrupt ministers, who have, from time to time, led weak princes into such destructive measures, that they did not dare to rely upon the natural representation of the people. Long parliaments, sir, first introduced bribery, because they were worth purchasing at any rate. Country gentlemen, who have only their private fortunes to rely upon, and have no mercenary ends to serve, are unable to oppose it, especially if at any time the public treasure shall be unfaith- fully squandered away to corrupt their boroughs. ——Country gentlemen, indeed, may make some weak efforts; but' as they generally prove unsuc- cessful, and the time of a fresh struggle is at so great a distance, they at last grow faint in the BOOK VI. PARLIAMENTARY SPEECHES. 187 dispute, give up their country for lost, and retire 1 in despair. — Despair naturally produces indolence and that is the proper disposition for slavery. Ministers of state understand this very well, and are therefore unwilling to awaken the nation out of its lethargy, by frequent elections. They know that the spirit of liberty, like every othei virtue of the mind, is to be kept alive only by constant action ; that it is impossible to enslave this nation, while it is perpetually upon its guard. Let country gentlemen then, by having fre- quent opportunities of exerting themselves, be kept warm and active in their contention for the public good: this will raise that zeal and spirit, which will at last get the better of ihose undue influences, by which the officers of the crown, though unknown to the several boroughs, have been able to supplant country gentleman of great characters and fortune, who live in their neigh- bourhood. 1 do not say this upon idle specu- lation only. I live in a country where it is too well known, and I appeal to many gentlemen in the house, to more out of it (and who are so for this very reason) for the truth of my assertion. Sir, it is a sore which has been long eating into the most vital part of our constitution, and I hope the time will come when you will probe it to the bottom. For if a minister should ever gain a corrupt familiarity with our boroughs, ifheshonld keep a register of them in his closet, and, by sending down his treasury-mandates, should pro- cure a spurious representative of the people, the offspring of his corruption, who will be at all times ready to reconcile and justify the most con- 188 ELEGANT EXTRACTS. BOOK VI. tradictory measures of his administration, and even to vote every crude indigested dream of their patron into a law ; if the maintenance of his power should hecome the sole object of their attention, and they should be guilty of the most violent breach of parliamentary trust, by giving the king a discretionary liberty of taxing the people without limitation or control; the last fatal compliment they can pay to the crown : — — if this should ever be the unhappy condition of this nation, the people indeed may complain ; but the doors of that place, where their complaints should be heard, will for ever be shut against them. Our disease, I fear, is of a complicated nature, and I think that this motion is wisely intended to remove the first and principal disorder. Give the people their ancient right of frequent new elections ; they will restore the decayed authority of parliaments, and will put our constitution into a natural condition of working out her own cure. Sir, upon the whole, I am of opinion, that I cannot express a greater zeal for his majesty, for the liberties of the people, or the honour and dig- nity of this house, than by seconding the motion which the honourable gentlemen has made you. SIR ROBERT WALPOLE's REPLY. MR. CHANCELLOR OF THE EXCHEQUER, Though the question has been already so fully opposed, that there is no great occasion to say any thing further against it, yet, I hope, the house BOOK VI. PARLIAMENTARY SPEECHES. 18 9 will indulge me the liberty of giving some of those reasons, which induce me to be against the mo- tion, In general I must take notice, that the nature of our constitution seems to be very mucU mistaken by the gentlemen who have spoken in favour of this motion. It is certain, that ours is a mixed government, and the perfection of our constitution consists in this, that the monarchical, aristocratical, and democratieal forms of govern- ment, are mixed and interwoven in ours, so as to give us all the advantages of each, without sub- jecting us to the dangers and inconveniences of either. The democratieal form of government, which is the only one I have now occasion to take notice of, is liable to these inconveniences: that they are generally too tedious in their coming to any resolution, and seldom brisk and expeditous enough in carrying their resolutions into execu- tion ; that they are always wavering in their reso- lutions, and never steady in any of the measures they resolve to pursue ; and that they are often involved in factions, seditions, and insurrections, which exposes them to be made the tools, if not the prey of their neighbours : therefore in all the regulations we make, with respect to our consti- tution, we are to guard against running too much into that form of government which is properly called democratieal : this was, in my opinion, the pffect of the triennial law, and will again be the effect, if ever it should be restored. That triennial elections would make our govern- ment too tedious in all their resolves, is evident: because, in such case, no prudent administration would ever resolve upon any measure of conse- 190 ELEGANT EXTRACTS. BOOK VI. quence, till they had felt not only the pulse of the parliament, but the pulse of the people ; and the ministers of state would always labour under this disadvantage, that as secrets of state must not be immediately divulged, their enemies (and enemies they will always have) would have a handle for exposing their measures, and rendering them dis- agreeable to the people, and thereby carrying per- haps a new election against them, before they could have an opportunity of justifying their measures, by divulging those facts and circumstances, from whence the justice and the wisdom of their mea- sures would clearly appear. Then, sir, it is by experience well known, that what is called the populace of every country, are apt to be too much elated with success, and too much dejected with every misfortune ; this makes them wavering in their opinions about atfairs of state, and never long of the same mind ; and as the house is chosen by the free and unbiassed voice of the people in general, if this choice were so often renewed, we might expect, that this house would be as wavering, and as unsteady as the people usually are ; and it being impossible to carry on the public affairs of the nation, without the concurrence of this house, the ministers would always be obliged to comply, and consequently, would be obliged to change their measures, as often as the people changed their minds. With septennial parliaments, sir, we are not exposed to either of these misfortunes, because, if the ministers, after having felt the pulse of the parliament, which they can always soon do, resolve upon any measures, they have generally time BOOK VI. PARLIAMENTARY SPEECHES. 19] enough, before the new elections come on, to give the people a proper information, in order to sfcovt them the justice and the wisdom of the measures they have pursued ; and if the people should at any time be too much elated, or too much deject- ed, or should without a cause change their minds, those at the helm of affairs have time to set them right before a new election comes on. As to faction and sedition, sir, I will grant, that in monarchical and aristocratical governments, it generally arises from violence and opprostion ; but in democratical governments, it always arises from the people's having too great a share in the government; for in all countries, and in all go- vernments, there always will be many factious and unquiet spirits, who can never be at rest either in power or out of power : when in power, they are never easy, unless every man submits entirely to their direction, and when out of power, they are always working and intriguing against those that are in, without any regard to justice, or to the interest of their country ; in popular govern- ments such men have too much game, they have too many opportunities for working upon and corrupting the minds of the people, in order to give them a bad impression of, and to raise dis- contents against, those that have the management of the public affairs for the time ; and these dis- contents often break out into seditions and insur- rections. This, sir, would in my opinion be our misfortune if our parliaments were either annual or triennial : by SHch frequent elections, there would be so much power thrown into the hands of the people, as would destroy that equal mix- 192 ELEGANT EXTRACTS. BOOK VI. tare, which is the beauty of our constitution : in sl»ort, our government would really become a democratical government, and might from thence very probably diverge into a tyrannical one. Therefore, in order to preserve our constitution, in order to prevent our falling under tyranny and arbitrary power, we ought to preserve that law, which I really think has brought our constitution to a more equal mixture, and consequently to a greater perfection than it was ever iD, before that law took place. As to bribery and corruption, sir, if it were possible to influence, by such base means, the majority of the electors of Great Britain, to choose such men as would probably give up their liberties; if it were possible to influence, by such means, a majority of the members of this house, to consent to the establishment of arbitrary power, I would readily allow, that the calculations made by the gentlemen of the other side were just, and their inference true ; but I am persuaded that neither of these is possible. As the members of this house generally are, and must always be, gen- tlemen of fortune and figure in their country ; is it possible to suppose, that any of them could, by a pension, or a post, be influenced to consent to the overthrow of our constitution ; by which the enjoyment, not only of what he got, but of what ke before had, would be rendered altogether pre- carious ? I will allow, sir, that with respect to "vribery, the price mSKt be higher or lower, gene- rally, in proportion to the virtue of the man who rs to be bribed ; but it must likewise be granted, L;.at the humour he happens to be in at the time, BOOK VI. PARLIAMENTARY SPEECHES. 193 the spirit he happens to be endowed with, adds a great deal to his virtue. When no encroachments are made upon the rights of the people, when the people do not think themselves in any danger, there may be many of the electors, who by a bribe of ten guineas, might be induced to vote for one candidate rather than another; but if the court were making any encroachments upon the rights of the people, a proper spirit would, without doubt, arise in the nation ; and, in such a case, I am persuaded, that none, or very few, even of such electors, could be induced to vote for a court candidate : no, not for ten times the sum. There may, sir, be some bribery and corruption in the nation ; I am afraid there will always be some; but it is no proof of it, that strangers are sometimes chosen ; for a gentleman may have so much natural influence over a borough in his neighbourhood, as to be able to prevail with them to choose any person he pleases to recommend ; and if upon such recommendation they choose one or two of his friends, who are perhaps strangers to them, it is not from thence to be inferred that the two strangers were chosen their representatives by the means of bribery and corruption. To insinuate, sir, that money may be issued from the public treasury for bribing elections, is really something very extraordinary, especially in those gentlemen who know how many checks are upon every shilling that can be issued from thence ; and how regularly the money granted in one year, for the public service of the nation, must always be accounted for, the very nest session, in this house, and likewise in the other, if they have- VOL. III. C C 194 ELEGANT EXTRACTS. BOOK 11. a mind to call for any such account. And as to the gentlemen in offices, if they have any advan- tage over country gentlemen, in having something else to depend on besides their own private for- tunes, they have likewise many disadvantages : they are obliged to live her e at London with their families, by which they are put to a much greater expense, than gentlemen of equal fortunes who live in the country: this lays them under a very great disadvantage, with respect to the supporting their interest in the country. The country gentle- man, by living among the electors, and purchasing the necessaries for his family from them, keeps up an acquaintance and correspondence with them, without putting himself to an extraordinary charge ; whereas a gentleman who lives in Lon- don, has no other way of keeping up an acquaint- ance or correspondence among his friends in the country, but by going down once or twice a year at a very extraordinary charge, and often without any other business; so that we may conclude, a gentleman in office cannot, even in seven years, save much for distributing in ready money, at the time of an election ; and I really believe, if the fact were narrowly inquired into, it would appear, that the gentlemen in office are as little guilty of bribing their electors with ready money, as any other set of gentlemen in the kingdom. That there are ferments often raising among the people without any just cause, is what I am sur- prised to hear controverted, since very late expe- rience may convince us of the contrary : do not we know what a ferment was raised in the nation, towards the latter end of the late queen's reign? BOOK VI. PARLIAMENTARY SPEECHES. 195 And it is well known, what a fatal change in the affairs of this nation was introduced, or at least confirmed, by an election's coming on while the nation was in that ferment. Do not we know what a ferment was raised in the nation, soon after his late majesty's accession ? And if an election had then been allowed to come on, while the nation was in that ferment, it might perhaps have had as fatal effects as the former; but, thank God, this was wisely provided against, by the very law which is now wanted to be repeated. As such ferments may hereafter often happen, I must think that frequent elections will always be dangerous ; for which reason, as far as I can see at present, I shall, I believe, at all times, think it a very dangerous experiment to repeal the sep- tennial bill. SPEECH OF LORD LYTTLETON, ON THE REPEAL OF THE ACT FOR THE NATURALIZATION OF THE JEWS, 1753. MR. SPEAKER, I see no occasion to enter at present into the merits of the bill we passed the last session for the naturalization of Jews; because. I am convinced, that, in the present temper of the nation, not a single foreign Jew will think it expedient to take any benefit of that act*; and, therefore, the repealing of it is giving up nothing. I assented to it last year in hopes it might induce some wealthy Jews to come and settle among us. In that light I saw enough of utility in it, to make me 196 ELEGANT EXTRACTS. BOOK VI. incline rather to approve than dislike it; but that any man alive could be zealous either for or against it, I confess I had no idea. What affects our re- ligion is indeed of the highest and most serious importance. God forbid we should be ever indif- ferent about that ! but I thought this had no more to do with religion, than any turnpike act we passed in that session; and, after all the divinity that has been preached on the subject, I think so still. Resolution and steadiness are excellent quali- ties; but it is the application of them upon which their value depends. A wise government, Mr. Speaker, will know where to yield, as well as where to resist; and there is no surer mark of lit- tleness of mind in administration, than obstinacy in trifles. Public wisdom on some occasions must condescend to give way to popular folly, especially in a free country, where the humour of the people must be considered as attentively, as the humour of a king in an absolute monarchy. Under both forms of government, a prudent and honest minis- try will indulge a small folly, and will resist a great one. Not to vouchsafe now and then a kind indulgence to the former, would discover an igno- rance of human nature; not to resist the latter at all times, would-be meanness and servility. Sir, I look on the bill we are at present debat- ing, not as a sacrifice made to popularity (for it sacrifices nothing), but as a prudent regard to some consequences arising from the nature of the clamour raised against the late act of naturalizing Jews, which seem to require a particular consideration. It ha3 been hitherto the fare and envied felicity BOOK VI. PARLIAMENTARY SPEECHES. 197 of his majesty's reign, that his subjects have en- joyed such a settled tranquility, such a freedom from angry religious disputes, as is not to be paral- leled in any former times. The true christian spirit of moderation, of charity, of universal bene- volence, has prevailed in the people, has prevailed in the clergy of all ranks and degrees, instead of those narrow principles, those bigotted prejudices, that furious, that implacable, that ignorant zeal, which had often done so much hurt both to the church and the state. But from the ill-under- stood, insignificant act of parliament you are now moved to repeal, occasion has been taken to de- prive us of this inestimable advantage. It is a pretence to disturb the peace of the church, to in- fuse idle fears into the minds of the people, and make religion itself an engine of sedition. It be- hoves the piety as well as the wisdom, of parlia- ment, to disappoint these endeavours. Sir, the very worst mischief that can be done to religion, is to pervert it to the purposes of faction. Heaven and hell are not more distant, than the benevolent spirit of the gospel and the malignant spirit of party. The most impious wars ever made were those called Holy Wars. He who hates another man for not being a Christian is himself not a Christian. Christianity, sir, breathes love, and peace, and good-will to man. A temper conform- able to the dictates of that holy religion has lately distinguished this nation; and a glorious distinc- tion it was ! but there is latent at all times, in the minds of the vulgar, a spark of enthusiasm ; which, if blown by the breath of party, may, even when it seems quite extinguished, be suddenly revived and 198 ELECxANT EXTRACTS. BOOK VI. raised to a flame. The act of last session, for na- turalizing Jews, has very unexpectedly adminis- tered fuel to feed that flame. To what a height it may rise, if it should continue much longer, one cannot easily tell; but take away the fuel, and it will die of itself. It is the misfortune of all the Roman Catholic countries, that there the church and the state, the civil power and the hierarchy, have separate inte- rests, and are continually at variance one with the other. It is our happiness, that here they form but one system. While this harmony lasts, whatever hurts the church, hurts the state; whatever weakens the credit of the governors of the church, takes away from the civil power a part of its strength, and shakes the whole constitution. Sir, I trust and believe, that, by speedily pass- ing this bill, we shall silence that obloquy, which has so unjustly been cast upon our reverend pre- lates (some of the most respectable that ever adorned our church), for the part they took in the act whic'i this repeals. And it greatly concerns the whole 1 ! community, that they should not lose that respect, which is so justly due to them, by popular clamour, kept up in opposition to a matter of no importance in itself. But if the departing from that measure should not remove the preju- dice so maliciously raised, I am certain, that no further step you can take will be able to remove it; and therefore I hope you will stop here. This appears to be a reasonable and safe condescension, by which nobody will be hurt; but all beyond this would be dangerous weakness in government. It in^ght open a door to the wildest enthusiasm, and BOOK VI. PARLIAMENTARY SPEECHES. 199 to the most mischievous attacks of political disaf- fection working upon that enthusiasm. If you en- courage and authorize it to fall on the synagogue, it will go thence to the meeting-house, and in the end to the palace. But let us be careful to check its further progress. The more zealous we are to support Christianity, the more vigilant should we be in maintaining toleration. If we bring back persecution, we bring back the antichristian spirit of popery: and when the spirit is here, the whole system will soon follow. Toleration is the basis of all public quiet. It is a character of freedom given to the mind, more valuable, I think, than that which secures our persons and estates. In- deed they are inseparably connected together; for where the mind is not free, where the conscience is enthralled, there is no freedom. Spiritual ty- ranny puts on the galling chains ; but civil tyranny is called in to rivet and fix them. We see it in Spain, and many other countries ; we have for- merly both seen and felt it in England. By the blessings of God, we are now delivered from all kinds of oppression. Let us take care that they may never return. SPEECH OF MR. PITT (AFTERWARDS EARL OF CHATHAM], ON AMERICAN TAXATION. 1765. Mr. Pitt at beginning was rather low, and as every one was in agitation at his first rising, his introduction was not heard, till he said : I came to town but to-day $ I was a stranger to 200 ELEGANT EXTRACTS. BOOK VI. the tenor of his majesty's speech, and the pro- posed address, till I heard them read in this house. Unconnected and unconsulted, I have not the means of information ; I am fearful of offending through mistake, and therefore beg to be indulged with a second reading of the proposed address. The address being read, he went on ; he com- mended the king's speech, approved of the address in answer, as it decided nothing, every gentleman being left at perfect liberty to take such a part concerning America, as he might afterwards see fit. One word only he could not approve of: ' early' is a word that does not belong to the notice the ministry have given to parliament of the trou- bles in America. In a matter of such importance, the communication ought to have been immediate: I speak not with respect to parties, I stand up in this place singly and unconnected. As to the late ministry (turning himself to Mr. Grenville), every capital measure they have taken has been entirely wrong. As to the present gentlemen, to those at least whom I have in my eye (looking at the bench where Mr. Conway sat, with the lords of the treasury), I have no objection; I have never been made a sacrifice by any of them. Their cha- racters are fair ; and I am always glad when men of fair character engage in his majesty's service. Some of them have done me the honour to ask my poor opinion, before they would engage. These will do me the justice to own, I advised them to engage; but, notwithstanding,! love to be explicit; I cannot give them my confidence. Pardon me, gentlemen (bowing to the ministry), confidence is a plant of slow growth in an aged bosom : youth BOOK VI. PARLIAMENTARY SPEECHES. 201 is the season of credulity : by comparing events with each other, reasoning from effects to causes, methinks I plainly discover the traces of an over- ruling influence. There is a clause in the act of settlement, to oblige every minister to sign his name to the ad- vice which he gives to his sovereign. Would it were observed ! I have had the honour to serve the crown, and if 1 could have submitted to in- fluence, I might have still continued to serve ; but I would not be responsible for others. I have no local attachments: it is indifferent to me, whether a man was rocked in his cradle on this or that side of the Tweed. I sought for merit wherever it was to be found.*— It is my boast, that I was the first minister that looked for it, and I found it, in the mountains of the North. I called forth, and drew into your service, a hardy and intrepid race of men! men, who, when left by your jealousy, became a prey to the artifices of your enemies, and had gone nigh to have overturned the state, in the war before the last. These men, in the last war, were brought to combat on your side : they served with fidelity, as they fought with valour, and conquered for you in every part of the world : detested be the national reflections against them ! they are unjust, groundless, illibe- ral, unmanly. When I ceased to serve his majesty as a minister, it was not the country of the man by which I was moved, but the man of that coun- try wanted wisdom, and held principles incompa- tible with freedom. It is a long time, Mr. Speaker, since I have at- tended in parliament. When the resolution was VOL. III. D D 202 ELEGANT EXTRACTS. BOOK VI, taken in the house to tax America, I was ill in bed. If I could have endured to have been car- ried in my bed, so great was the agitation of my mind for the consequence, I would have solicited some kind hand to have laid me down on this floor, to have born my testimony against it. It is now an act that has passed ; I would speak with decency of every act of this house, but I must beg the indulgence of the house to speak of it with freedom. I hope a day may soon be appointed to consider the state of the nation with respect to America. I hope gentlemen will come to this debate with all the temper and impartiality that his majesty recommends, and the importance of the subject requires: a subject of greater importance than ever engaged the attention of this house, that subject only excepted, when, near a century ago, it was the question, whether you yourselves were to be bound or free. In the mean time, as I cannot depend upon health for any future day, such is the nature of my infirmities, I will beg to say a few words at pre- sent, leaving the justice, the equity, the policy, the expediency of the act, to another time. I will only speak to one point, a point which seems not to have been generally understood — I mean the right. Some gentlemen (alluding to Mr. Nu- gent) seem to have considered it as a point of ho- nour. If gentlemen consider it in that light, they leave all measures of right and wrong, to follow a delusion that may lead to destruction. It is ray opinion that this kingdom has no right to lay a tax upon the colonies, to be sovereign and su> BOOK VI. PARLIAMENTARY SPEECHES. 203 preme in every circumstance of government and legislation whatsoever. They are the subjects of this kingdom, equally entitled with yourselves to all the natural rights of mankind, and the pecu- liar privileges of Englishmen. Equally bound by its laws, and equally partici- pating of the constitution of this free country, the Americans are the sons, not the bastards of Eng- land. Taxation is no part of the governing or legislative power. The taxes are a voluntary gift and grant of the commons alone. In legislation the three estates of the realm are alike concerned ; out the concurrency of the peers and the crown to a tax, is only necessary to close with the form of a law. The gift and grant is of the commons alone. In ancient days, the crown, the barons, and the clergy, possessed the lands. In those days the barons and the clergy gave and granted to the crown. They gave and granted what was their own. At present, since the discovery of America, and other circumstances permitting, the commons are become the proprietors of the land. The crown has divested itself of its great estates. The church (God bless it !) has but a pittance. The property of the lords, compared with that of the commons, is as a drop of water in the ocean ; and this house represents these commons, the proprie- tors of the lands ; and those proprietors virtually represent the rest of the inhabitants. When, therefore, in this house we give and grant, we give and grant what is our own. But in an American tax, what do we do? We, your majesty's commons of Great Britain, give and 204 ELEGANT EXTRACTS, BOOK VI. giant to your majesty, what? oar own property ? — No, we give and grant to your majesty the pro- perty of the commons of America. It is an ab- surdity in terms. The distinction between legislation and taxation is essentially necessary to liberty. The crown, the peers, are equally legislative powers with the commons. If taxation be a part of simple legis- lation, the crown, the peers, have rights in taxa- tion as well as yourselves ; rights they will claim, which they will exercise, whenever the principle can be supported by power. There is an idea in some, that the colonies are virtually represented in this house. I would fain know by whom an American is represented here? Is he represented by any knight of the shire, in any county in this kingdom? Would to God that respectable representation was augmented to a greater number! Or will you tell him that he is represented by any representative of a borough, — a borough which, perhaps, no mini ever saw? That is what is called the rotten part of the con- stitution. It cannot continue a century. If it does not drop it must be amputated. The idea of a virtual representation of America in this house, is the most contemptible idea that ever entered into the head of man. — It does not deserve a serious consideration. The commons of America, represented in their several assemblies, have ever been in possession of the exercise of this, their constitutional right, of giving and granting their own money. They would have been slaves if they had not enjoyed it. At the same time, this kingdom, as the supreme BOOK VI. PARLIAMENTARY SPEECHES. 205 governing and legislative power, has always bound the colonies by her laws, by her regulations, and restrictions in trade, in navigation, in manufac- tures, in every thing, except that of taking their money out of their pockets without their consent. Here I would draw the line. Quam ultra citraque nequit consistere rectum. He concluded with a familiar voice and tone, but so slow that it was not easy to distinguish what he said. A considerable pause ensued after Mr. Pitt had done speaking. SPEECH OF MR. GREENVILLE ON THE SAME SUBJECT. He began with censuring the ministry very se- verely, for delaying to give earlier notice to par- liament of the disturbances in America. He said they began in July, and now we are in the middle of January; lately they were only occurrences ; they are now grown to dirturbances, to tumults, and riots. I doubt they border on open rebellion; and if the doctrine I have heard this day be con- firmed, I fear they will lose that name, to take that of a revolution. The government over them being dissolved, a revolution will take place in America. I cannot understand the difference be- tween external and internal taxes. They are the same in effect, and differ only in name. That this kingdom has the sovereign, the supreme legislative power over America, is granted. It cannot be denied ; and taxation is a part of that sovereign 206 ELEGANT EXTRACTS. BOOK VI. power. It is one branch of the legislation. It is, it has been exercised, over these who are not, who were never represented. It is exercised over the India Company, the merchants of London, and the proprietors of the stocks, and over great manu- facturing towns. It was exercised over the county palatine of Chester, and the bishopric of Durham, before they sent any representatives to parliament. I appeal for proof to the preambles of the acts which gave them representatives ; one in the reign of Henry VIII. the other in that of Charles II. He then quoted the acts, and desired they might be read ; which being done, he said: When I proposed to tax America, I asked the house, if any gentleman would object to the right ; I re- peatedly asked it, and no man would attempt to deny it. Protection and obedience are recipro- cal. Great Britain protects America, America is bound to yield obedience. If .not, tell me when the Americans were emancipated ? When they w r ant the protection of this kingdom, they are al- ways very ready to ask it. That protection has always been afforded them in the most full and ample manner. The nation has run itself into an immense debt to give them this protection ; and now they are called upon to contribute a small share towards the public expense, an expense arising from themselves, they renounce your au- thority, insult your officers, and break out, I might almost say, in open rebellion. The seditious spirit of the colonies owes its birth to factions in this house. Gentlemen are careless of the consequences of what they say, provided it answers the purposes of opposition. BOOK VI. PARLIAMENTARV SPEECHES. 207 We were told we trod on tender g.iound ; we were bid to expect disobedience. What was this, but telling the Americans to stand out against the law, to encourage their obstinacy with expecta- tion of support from hence ? let us only hold out a little, they would say, our friends will soon be in power. Ungrateful people of America ! bounties have been extended tc them. When I had the honour of serving the crown, while you yourselves were loaded with an enormous debt, you have given bounties on their lumber, on their iron, their hemp, and many other articles. You have relax- ed, in their favour the act of navigation, that palladium of British commerce ; and yet I have been abused in all the public papers as an enemy to the trade of America. I have been particularly charged with giving orders and instructions to prevent the Spanish trade, and thereby stopping the channel by which alone North America used to be supplied with cash for remittances for this country. I defy any man to produce any such orders or instructions. I discouraged no trade but what was illicit, what was prohibited by act of parliament. I desire a West India merchant, well known in this city (Mr. Long), a gentleman of character, maybe admitted. He will tell you, that I offered to do every thing in my power to advance the trade of America. I was above giving an answer to anonymous calumnies ; but in this place, it becomes me to wipe off the asper- sion. ELEGANT EXTRACTS. BOOK VI. SPEECH OF MR. PITT, IN REPL\ TO MR. GREN- VILLE. I do not apprehend I am speaking twice ; I did expressly reserve a part of my subject, in order to save the time of this house , but I am compelled to proceed in it. I do not speak twice ; I only mean to finish what I designedly left imperfect. But if the house is of a different opinion, far be it from me to indulge a wish of transgression against order. (Here he paused, the house resounding with, " Go on, go on" — he proceeded ) Gentlemen, sir, have been charged with giving birth to sedition in America. They have spoken their sentiments with freedom against this unhappy act, and that freedom has become their crime. Sorry I am to hear the liberty of speech in this house imputed as a crime. But the imputation shall not discourage me. It is a liberty I mean to exercise. No gentleman ought to be afraid to exercise it — it is a liberty by which the gentleman who calumniates it might have profited, by which he ought to have profited. He ought to have de- sisted from his project. The gentleman tells us America is obstinate; America is almost in open rebellion. I rejoice that America has resisted. Three millions of people, so dead to all feelings of liberty as voluntarily to submit to be slaves, would have been fit instruments to make slaves of the rest. I come not here armed at all points, with law cases and acts of parliament, with the sta- tute book doubled down in dogs-ears, to defend BOOK VI. PARLIAMENTARY SPEECHES. 209 the cause of liberty : if I had, I myself would have cited the two cases of Chester and Durham : I would have cited them, to have shown, that even under the most arbitrary reigns, parliaments were ashamed of taxing' people without their consent, and allowed them representatives. Why did the gentleman confine himself to Chester and Dur- ham ? He might bave taken a higher example in Wales ; Wales, that never was taxed by parlia- ment till it was incorporated. I w 7 ould not de- bate a particular point of law with the gentlemen : I know his abilities: I have been obliged by his diligent researches. But for the defence of liberty upon a general principle, ifpon a constitutional principle, it is a ground upon which I stand firm ; on which I dare meet any man. The gentleman tells us of many who are taxed, and are not represented. Tbe India Company, merchants, stock-holders, manufacturers. Surely many of tbese are represented in other capacities, as owners of land, or as freemen of boroughs. It is a misfortune that more are not actually represent- ed. But tiiey are all inhabitants, and, as such, are virtually represented. Many have it in their option to be actually represented. They have connexions with those that elect, and they have influence over them. The gentleman mentioned the stock-holders. I hope he does not reckon the debts of the nation a part of the national es- tate. Since the accession of king William, many ministers, some of great, other of more moderate abilities, have taken the lead of government. He il en went through tbe list of them, bringing it c'own till it came to himself, giving a short sketch VOL III. E E 210 ELEGANT EXTRACTS. BOOK VI. of the characters of each of them. None of these, he said, thought or even dreamed of robbing the colonies of their constitutional rights. That was reserved to mark the era of the late administra- tion : not that there were wanting some, when I had the honour to serve his majesty, to propose to me to burn my fingers with an American stamp act. With the enemy at their back, with our bayonets at their breasts, in the day of their dis- tress, perhaps the Americans would have sub- mitted to the imposition ; but it would have been taking an ungenerous, an unjust advantage. The gentleman boasts of his bounties to America ! Are not these bounties intended finally for the benefit of this kingdom? If they are not, he has misap- plied the national treasures. I am no courtier of America, I stand up for this kingdom. I main- tain that the parliament has a right to bind, to restrain America. Our legislative power over the colonies is su- preme. When it ceases to be sovereign and su- preme, I would advise every gentleman to sell his lands, if he can, and embark for that country. Where two countries are connected together like England and her colonies, without being incorpo- rated, the one must necessarily govern ; the greater must rule the less ; but so rule it, as not to contra- dict the fundamental principles that are common to both. If the gentleman does not understand the difference between external and internal taxes, I cannot help it ; but there is a plain dis- tinction between taxes levied for the purposes of raising a revenue, and duties imposed for the re- gulation of trade, for the accommodation of the BOOK VI. PARLIAMENTARY SPEECHES. 211 subject ; although, in the consequences, some re- venue might incidentally arise from the latter. The gentleman asks, when were the colonies emancipated ? But I desire to know, when were they made slaves ? but I dwell upon your words. When I had the honour of serving his majesty, I availed myself of the means of information which I derived from my office. I speak therefore from knowledge. My materials were good. I was at pains to collect, to digest, to consider them ; and I will be bold to affirm, that the profits to Great Britain from the trade of the colonies, through all its branches, is two millions a year. This is the fund that carried you triumphantly through the last war. The estates that were rented at two thousand pounds a year, threescore years ago, are at three thousand at present. Those estates sold then for from fifteen to eighteen years purchase ; the same may be now sold for thirty. You owe this to America. This is the price that America pays you for her protection. And shall a miserable financier come with a boast, that he can fetch a pepper-corn into the exche- quer, to the loss of a million to the nation ! I dare not say, how much higher these profits may be augmented. Omitting the immense increase of people by natural population, in the northern colonies, and the migration from every part of' Europe, I am convinced the whole commercial system of America may be altered to advantage. You have prohibited where you ought to have en- couraged ; you have encouraged where you ought to have prohibited. Improper restraints have been laid on the continent, in favour of the 212 ELEGANT EXTRACTS. BOOK IV. islands. You have but two nations to trade with in America. Would you had twenty ! Let aets of parliament in consequence of treaties remain, but let not an English minister become a custom- house officer for Spain, or for any foreign power. Much is wrong, much may be amended for the general good of the whole. Does the gentleman complain he has been mis- represented in the public prints ? It is a common misfortune. In the Spanish affair of the last war, I was abused in all the newspapers, for having ad- vised his majesty to violate the laws of nations with regard to wSpain. The abuse was industriously cir- culated even in handbills. If administration did not propagate the abuse, administration never contradicted it. It will not say what advice I did give to the king. My advice is in writing, signed by myself, in the possession of the crown. But I will say what advice I did not give to the king : I did not advise him to violate any of the laws of nations. As to the report of the gentleman's preventing in some way the trade for bullion with the Spaniards, it was spoken of so confidently that I own I am one of tbose who did believe it to be- true. The gentleman must not wonder he was not contradicted, when, as the minister, he asserted the right of parliament to tax America. I know not how it is, but there is a modesty in this house which does not choose to contradict a minister. Even your chair, sir, looks too often towards St. James's. 1 wish gentlemen would get the better of this modesty : if they do not, perhaps the collective body may begin to abate of its re- BOOK VI. PARLIAMENTARY SPEECHES. 213 spect to the representative. Lord Bacon has told me, that a great question would not fail of being agitated at one time or another. I was will- ing to agitate that at the proper season, the Ger- man war : — my German war they called it. Every sessions I called out, Has any body any objection to the German war? Nobody would object to it, one gentleman only excepted, since removed to the upper house by succession to an ancient ba- rony, (meaning lord Le Despencer, formerly sir Francis Dashwood.) He told me, ' He did not like a German war.' I honoured the man for it, and was sorry when he was turned out of his post. A great deal has been said without doors of the power, of the strength of America. It is a topic that ought to be cautiously meddled with. In a good cause, on a sound bottom, the force of (his country can crush America to atoms. I know the valour of your troops ; I know the skill of your officers. There is not a company of foot that has served in America out of which you may not pick a man of sufficient knowledge and experience to make a governor of a colony there. But on this ground, on the stamp act, which so many here will think a crying injustice, I am one who will lift up my hands against it. In such a cause, your success would be hazard- ous. America, if she fell, would fall like the strong man; she would embrace the pillars of the state, and pull down the constitution along with her. Is this your boasted peace — not to sheathe the sword in its scabbard, but to sheathe it in the bowels of your countrymen ? Will you quarrel with yourselves, now the whole house of Bourbon is united against you, while France disturbs your ■iU ELEGANT EXTRACTS. BOOK VI. fisheries in Newfoundland, embarrasses your slave trade to Africa, and withholds from your subjects in Canada their property stipulated by treaty; while the ranson for the Manillas is denied by Spain, and its gallant conqueror basely traduced into a mean plunderer: a gentleman (colonel Draper) whose noble and generous spirit would do honour to the proudest grandee of the country ? The Americans have not acted in all things with prudence and temper; they have been wronged; they have been driven to madness by injustice. Will you punish them for the madness you have occasioned ? Rather let prudence and temper come first from this side. I will undertake for Ame « a that she will follow the example. There are two lines in a ballad of Prior's, of a man's be- haviour to his wife, so applicable to you and your colonies that I cannot help repeating them : Be to her faults a little blind Be to her virtues very kind. Upon the whole, I will beg leave to tell the house what is really my opinion. It is, that the stamp act be repealed absolutely, totally, and im- mediately. That the reason for the repeal be as- signed because it was founded on an erroneous principle. At the same time, let the sovereign authority of this country over the colonies be as- serted in as strong terms as can be devised, and be made to extend to every point of legislation what- soever ; that we may bind their trade, confine their manufactures, and exercise every power whatsoever, except that of taking their money out of their pockets without their consent. BOOK VI. PARLIAMENTARY SPEECHES. 215 SPEECH OF LORD MANSFIELD, ON THE BILL FOU PREVENTING THE DELAYS OF JUSTICE B\ CLAIMING THE PRIVILEGE OF PARLIAMENT. 1770. MY LORDS, When I consider the importance of this bill t your lordships, I am not surprised it has taken u} so much of your consideration. It is a bill, in- deed of no common magnitude ; it is no less than to take away from two-thirds of the legislative body of this great kingdom, certain privilege 4 and immunities, of which they have long beei. possessed. Perhaps there is no situation which the human mind can be placed in, that is so diffi- cult and so trying, as where it is made a judge in its own cause. There is something implanted in the breast of man, so attached to itself, so tena- cious of privileges once obtained, that in such a situation, either to discuss with impartiality, or decide with justice, has ever been held as the summit of all human virtue. The bill now in question puts your lordships in this very predica- ment ; and I doubt not but the wisdom of your decision will convince the world, that where self- interest and justice are in opposite scales, the lat- ter will ever preponderate with your lordships. Privileges have been granted to legislators in all ages, and in all countries. The practice is founded in wisdom ; and indeed, it is peculiarly essential to the constitution of this country, that the members of both houses should be free in their persons in cases of civil suits ; for there may come a time when the safety and welfare of this 216 ELEGANT EXTRACTS. BOOK VI. whole empire may depend upon their attendance in parliament. God forbid that I should advise any measure that would in future endanger the state : but the bill before you lordships has, I am confident, no such tendency, for it expressly secures the persons of members of either house in all civil suits. This being the case, I confess, when I see many noble lords, for whose judgment I have a very great respect, standing up to oppose a bill which is calculated merely to facilitate the recovery of just and legal debts, I am astonished and amazed. They, I doubt not, oppose the bill upon public principles: I would not wish to insi- nuate that private interest has the least weight in their determinations. This bill has been frequently proposed, and as frequently miscarried ; but it was always lost in the lower house. Little did I think when it had passed the commons, that it possibly could have met with such opposition here. Shall it be said, that you, my lords, the grand council of the na- tion, the highest judicial and legislative body of the realm, endeavour to evade, by privilege, those very laws which you enforce on your fellow-sub- jects ? Forbid it justice ! — I am sure, were the noble lords as well acquainted as I am with but half the difficulties and delays, that are every day occasioned in the courts of justice, under pretence of privilege, they would not, nay, they could not, oppose this bill. I have waited with patience to hear what argu- ments might be urged against the bill; but Thave waited in vain. The truth is, there is no argument that can weigh against it. The justice, the expe- diency of this bill is such, as renders it self-evident, BOOK VI. PARLIAMENTARY SPEECHES. 217 It is a proposition of that nature that can neither be weakened by argument, nor entangled with sophistry. Much, indeed, has been said by some noble lords on the wisdom of our ancestors, and how differently they thought from us They not only decreed that privilege should prevent all civil suits from proceeding during the sitting of parliament, but likewise granted protec- tion to the very servants of members. I shall say nothing on the wisdom of our ancestors; it might perhaps appear invidious, and is not necessary in the present case. I shall only say, that the noble lords that flatter themselves with the weight of that reflection, should remember, that as circumstances alter, things themselves should alter. Formerly, it was not so fashionable, either for masters or servants, to run in debt, as it is at present ; nor, formerly, were merchants and manufacturers members of parliament, as at present. The case now is very different ; both merchants and manufacturers are, with great propriety, elected members of the lower house. Commerce having thus got into the legislative body of the kingdom, privileges must be done away. We all know that the very soul and essence of trade are regular payments ; and sad experience teaches us, that there are men, who will not make their regular payments without the compressive power of the laws. The law, then, ought to be equally open to all ; any exemption to particular men, or particular ranks of men, is, in a free and commercial country, a solecism of the grossest nature. VOL. III. F F 218 ELEGANT EXTRACTS. BOOK VL But I will not trouble your lordships with ar- guments for that, which is sufficiently evident without any. I shall only say a few words to some noble lords, who foresee much inconveniency from the persons of their servants being liable to be arrested. One noble lord observes, that the coachman of a peer may be arrested while he is driving his master to the house, and consequently, he will not be able to attend his duty in parlia- ment. If this was actually to happen, there are so many methods by which the member might still get to the house, I can hardly think the noble lord is serious in his objection. Another noble peer said, that by this bill they might lose their most valuable and honest servants. This I hold to be a contradiction in terms : for he can neither be a valuable servant, nor an honest man, who gets into debt, which he is neither able nor willing to pay, until compelled by law. If my servant, by un- foreseen accidents, has got in debt, and I still wish to retain him, I certainly would pay the debt. But upon no principle of liberal legislation what- ever, can my servant have a title to set his cre- ditors at defiance, while, for forty shillings only, the honest tradesman may be torn from his family, and locked up in gaol. It is monstrous injustice ! I flatter myself, however, the determination of this day will entirely put an end to all such partial proceedings for the future, by passing into a law the bill now under your lordships' consideration. I now come to speak upon what, indeed, I would have gladly avoided, had I not been parti- cularly pointed at for the part I have taken in this bill. It has been said by a noble lord on my left BOOK VI. PARLIAMENTARY SPEECHES. 219 hand, that I likewise am running the race of po- pularity. If the noble lord means by popularity, that applause bestowed by after-ages on good aud virtuous actions, 1 have long been struggling in that race — to what purpose, all-trying time can alone determine ; but if that noble lord means that mushroom popularity, which is raised without merit, and lost without a crime, he is much mis- taken in his opinion. I defy the noble lord to point out a single action in my life, where the popularity of the times ever had the smallest influence on my determinations. I thank God I have a more permanent and steady rule for my conduct — the dictates of my own breast. Those that have forgone that pleasing adviser, and given up their mind to be the slave of every popular im- pulse, I sincerely pity : I pity them still more if their vanity leads them to mistake the shouts cf a mob for the trumpet of fame. Experience might inform them, that many, who have been saluted with the huzzas of a crowd one day, have received their execrations the next : and many, who by the popularity of the times have been held up as spot- less patriots, have, nevertheless, appeared upon the historian's page, where truth has triumphed over delusion, the assassins of liberty. Why, then, the noble lord can think I am ambitious of pre- sent popularity, that echo of folly and shadow of renown, I am at a loss to determine. Besides, I do not know that the bill now before your lord- ships will be popular ; it depends much upon the caprice of the day. It may not be popular, to compel people to pay their debts ; and in that case the present must be a very unpopular bill. 220 ELEGANT EXTRACTS. BOOK VI. It may not be popular, neither, to take away any of the privileges of parliament ; for I very well remember, and many of your lordships may re- member, that not long ago, the popular cry was for the extension of privileges; and so far did they carry it at that time, that it was said, that privilege protected members even in criminal ac- tions : nay, such was the power of popular preju- dices over weak minds, that the very decisions of some of the courts were tinctured with this doc- trine. It was undoubtedly an abominable doc- trine : I thought so then, and think so still ; but, nevertheless, it was a popular doctrine, and came immediately from those who are called the friends of liberty — how deservedly, time will show. True liberty, in my opinion, can only exist when justice is equally administered to all — to the king and to the beggar. Where is the justice, then, or where is the law, that protects a member of parliament more than any other man from the punishment due to his crimes ? The laws of this country allow of no place nor employment to be a sanctuary for crimes ; and where I have the honour to sit as a judge, neither royal favour nor popular applause shall ever protect the guilty. I have now only to beg pardon for having employed so much of your lordships' time ; and am sorry a bill, fraught with so good consequences, has not met with an abler advocate ; but I doubt not your lordships' deter- mination will convince the world, that a bill, cal- culated to contribute so much to the equal distri- bution of justice as the present, requires with your lordships but very little support. BOOK VI. PARLIA3IENTARY SPEECHES. 221 SPEECH OF LORD MANSFIELD, ON THE MATTER OF MR. EVANS, WHO REFUSED THE OFFICE OF SHERIFF, ON THE PLEA OF BEING A DIS- SENTER. MY LORDS, I apprehend the action brought against the de- fendant is not well grounded, and I shall show that it must fail in every view of it. If they ground it on the corporation act, by the literal and express provision of that act, no person can be elected who hath net within a year, taken the sa- crament in the church of England. The de- fendant hath not taken the sacrament within a year. He is not therefore elected ; here they fail. If they ground it on the general design of the le- gislature in passing the corporation act — the de- sign was to exclude dissenters from office, and disable them from serving ; for in those times, when persecuting principles and arbitrary mea- sures were pursued, the dissenters were reputed and treated as persons ill-affected and dangerous to the government. The defendant therefore, a dissenter, and in the eye of this law a person dan- gerous and ill-affected, is excluded from office, and disabled from serving. Here too they fail If they ground the action on their own bye-law, since that bye-law was professedly made to pro- cure fit and able persons to serve the office, and the defendant is not fit and able, being expressly disabled by statute law — Here too they fail. If they ground it on his disability being owing to a neglect of taking the sacrament at church, 222 ELEGANT EXTRACTS. BOOK VI. when he ought to have done it — the toleration act having freed the dissenters from all obligations to take the sacrament at church — the defendant is guilty of no neglect, no criminal neglect ; there therefore they fail. The defendant, in the present case, my lords, pleads that he is a dissenter within the description of the toleration act ; that he hath not taken the sacrament in the Church of England, within one year preceding the time of his supposed election, nor ever in his whole life, and that he cannot in conscience do it. Conscience, my lords, is not controllable by human laws, nor amenable to hu- man tribunals; persecution, or attempts to force conscience, will never produce conviction, and are only calculated to make hypocrites or mar- tyrs. My lords, there never was a single instance, from the Saxon times down to our times, in which a man was ever punished for erroneous opinions, concerning rites or modes of worship, but upon some positive law. The common law of England, which is only common reason or usage, knows of no prosecution for opinions ; only for atheism, blasphemy, and reviling the Christian religion; and there have been instances of persons being punished for these upon the common law ; but non-conformity, my lords, is no sin by the com- mon law, and all positive laws inflicting any pains or penalties for non-conformity to the established rites and modes, are repealed by the act of tolera- tion, and dissenters are thereby exempted from all ecclesiastical censures. My lords, what blood end confusion have been occasioned from the BOOK VI. PARLIAMENTARY SPEECHES. 223 reign of Henry the Fourth, when the first penal statutes were enacted, down to the Revolution in these kingdoms, bylaws made to force conscience. There is nothing certainly more unreasonable, more inconsistent with the rights of human nature, more contrary to the spirit and precepts of the Christian religion, more iniquitous and unjust, more impolitic, than persecution : my lords, it is against natural religion, revealed religion, and sound policy. As to the great impolicy of it, any man, who peruses the admirable things which the president de Thou, then a papist, hath advanced ^and which I never read without rapture) in the dedication of his History to Henry the Fourth of France, will meet with the fullest conviction. I am only sorry, my lords, that his countrymen, the French have so far profited by the sentiments he hath there delivered, as now to see their errour. I profess I am one of those who should not have broke my heart (I hope I shall not be thought un- charitable in saying it), if they had banished the Hugonots and kept the Jesuits ; in a political view, I had much rather they had retained the Jesuits and banished the Hugonots. And, my lords, to ruin the Hugonots, a more Jesuitical ad- vice could not have been given than what hath been followed in the present case ; make a law to render them incapable of office, make another law for not serving. If they accept, punish them (for it is admitted on all hands that the defendant is prosecutable for taking the office upon him) ; if they accept, punish them ; if they refuse, punish them j if they say yes, punish them j if they say 224 ELEGANT EXTRACTS. BOOK VI. no, punish them. My lords, this is a most exqui- site dilemma, from which there is no escaping; it is a trap a man cannot get out of, it is as bad a persecution as that of Procrustes — if they are too short, stretch them ; if they are too long, lop them : and, my lords, this bye-law, by which the dissenters are to be reduced to this wretched dilemma, is a bye-law of the city, a local cor- poration, contrary to an act of parliament, which is the law of the land ; a modern bye-law, of very modern date, made long since the corpora- tion act, long since the toleration act, in the face of them, and in direct opposition to them, for they knew these laws were in being. It was made in some year of the reign of the late king. I forget which ; but, my lords, it was made about the time of building the mansion-house. Now, my lords, if it could be supposed the city have a power of making such a bye-law, it would entirely subvert the toleration act, the design of which was to exempt the dissenters from all penalties. For by such a bye-law they have it in their power to make every dissenter pay a fine of six hundred pounds, or any sum they please ; for it amounts to that. The professed design of making this bye-law, was to get fit and able persons to serve the office ; and the plaintiff sets forth in his declaration, that if the dissenters are excluded, they shall want fit and able persons to serve the office. But, my lords, were I to deliver my own suspicion, it wo ild be, that they did not so much wish for their services as their fines. My lords, dissenters have been appointed to this BOOK VI. PARLIAMENTARY SPEECHFS. 225 office ; one who was blind, another who was bed- ridden, not I suppose on account of their being fit and able to serve the office ; no, they were dis- abled both by nature and by law. My lords, we had a case lately in the courts below, of a person chosen mayor of a corporation while he was be- yond the seas with his majesty's troops in Ame- rica, and they knew him to be so. Did they want him to serve the office ? No, it was impossi- ble ; but they had a mind to continue the former mayor a year longer, and to have a pretence for setting aside him who was now chosen on all fu- ture elections, as having been elected before ; and, my lords, in the cause before your lordships, the defendant was by law incapable at the time of his election, and it is my firm opinion that he was chosen because he was incapable. If he had been capable he had not been chosen, for they did not want him to serve the office ; they chose him, be- cause, without a breach of the law, and a usurpa- tion upon the crown, he could not serve the of- fice. They chose him, that he might fall under the penalty of their bye-law, made to serve a particu- lar purpose ; in opposition to which, and to avoid the fine thereby imposed, he hath pleaded a legal disability, grounded on two acts of parliament. And as I am of opinion that his plea is good, I conclude with moving your lordships, that the judgment be affirmed. VOL. III. G G 226 ELEGANT EXTRACTS. BOOK VI. SPEECH OF SIR W. MEREDITH, ON THE LORD MAYOR AND ALDERMAN OLIVER BEING COM- MITTED TO THE TOWER. 1771. I find myself under a great difficulty, either to agree to this amendment, or to differ from it : for, by agreeing to a censure, I may seem to adopt an opinion of the worthy alderman's guilt, which I have no right to entertain. Did I even think him guilty, I durst not condemn him unheard. As a judge, I am bound to think the man whom I try innocent, till he has been fairly heard, and till his guilt results out of conviction. It is speaking too well of this proceeding to say, that this magis- trate was not allowed counsel. He was allowed counsel, so far as to let us see the faces of counsel at the bar ; but clogged with a condition, that gagged their mouths from speaking what was ne- cessary for their client's defence. It is an aggra- vation of injustice, to commit it under a false co- lour and insidious affectation of justice. The honourable gentleman must therefore pardon me, if I cannot vote for his amendment as a measure ofkindnesstoMr. Oliver; for if you, Mr. Speaker, are ordered to reprimand that gentleman, we all know your ability to do it to some purpose ; nor can human uature be exposed to a more humiliat- ing state, or to sharper feelings, than by submit- ting to such a reprimand as you will give. But in going to the Tower, there is nothing to afflict him ; on the contrary, he will carry in his own bosom the blessings of a good conscience, and be followed bv the general applause of his fellow citi- BOOK VI. PARLIAMENTARY SPEECHES. 227 zens, whilst his judges and prosecutqrs will be pur- sued by the curses of the people, scorned by those who hate, and pitied by those who think mode- rately of them. But if there was no reason for this amendment, I should think, sir, the feelings of gentlemen would incline them to adopt it, merely to get rid of a matter, of which we are all so sick and weary. I consent to it for the sake of peace, even at the expense of justice. With this view to peace, I have opposed every part of this wretched business, in every stage. They who now differ, may live to applaud me for it. I see that many gentlemen of the highest rank and cha- racter, some of whom, by their doubts, gave a sanction, and others who added vigour and im- pulse to this prosecution, are now withdrawn. Several gentlemen, who uniformly opposed this motion, have turned their backs upon the house, with many bitter expressions of the indignation which they felt. With what temper and opinion I may ever return to this unpleasant seat, I know not ; but I will not leave it, as long as there is a twig to catch at, by which I can hope to keep the peace of this unfortunate country. Mr. Speaker, it is natural for men to complain of what they hear from the report of others ; but it is what they see and feel that provokes them to action. Here then lies the difference betwixt commitment and repri- mand. The people without; doors will only hear the one— they will see the other ; and every hour of his imprisonment will add fresh discontent to their minds, and raise some new spirit of commo- tion. We have now sat many hours past mid- 228 ELEGANT EXTRACTS. BOOK VI. night ; the daylight is advancing upon us : let not the Sun rise upon our shame ! But let us close this miserable scene under the cover of the dark- ness which suil our own walls. Strongly as I think the puhlic ought to know what passes here, I wish to God I could bind you, myself, the whole house, with every clerk, ser- geant, messenger, and attendant, to secrecy on this occasion. But that would be impossible. Still, sir, may a great deal of mischief be avoided, if we keep ourselves to ourselves ; if we do not send our judgment to be executed abroad, to create riot, tumult, and sedition. Most sincerely therefore, do I call upon the noble lord who sits on the treasury bench ; he has neither my ill thoughts, nor my ill wishes ; and, if his lordship is truly spoken of, he can never approve of this business. Let him then permit me to conjure him, for his own honour, for the ease and dignity of his sove- reign, and, above all, for his country's peace, to lay hold on the opportunity given by the worthy general, to close this scene of mischief here. The main object of those who are charged with the cares of government, is peace. Great kings, and wise ministers, have thought it not beneath them to give up points of the greatest moment for the sake of peace. Ministers must govern acci- dents, not be governed by them. But when mi- nisters themselves endanger public peace for trifles, and raise discord out of atoms, then is go- vernment itself in a state of anarchy. The storm that now hangs over us was raised by BOOK VI. PARLIAMENTARY SPEECHES. 229 government : and whatever consequences may follow, they who began, and who have counte- nanced this proceeding, are answerable to their king, their country, and their God. SPEECH OF SIR WILLIAM MEREDITH, ON FRE- QUENT EXECUTIONS. 1777. I agree with my honourable friend (Mr. Combe), that no greater crime can be committed than the wilful setting fire to merchant ships, which may endanger not only lives and properties, but public safety. I should think this crime, above all others, fit to be punished with death, if I could suppose the infliction of death at all useful in the preven- tion of crimes. But in subjects of this nature, we are to consi- der, not what the individual is, nor what he may have done ; we are to consider only what is right for public example, and private safety. Whether hanging ever did, or can, answer any good purpose, I doubt: but the cruel exhibition of every execution day, is a proof that hanging carries no terrour with it. And I am confident, that every new sanguinary law operates as an en- couragement to commit capital offences ; for it is not the mode, but the certainty of punishment, that creates terrour. What men know they must endure, they fear; what they think they can escape, they despise. The multiplicity of our hanging laws has produced these two things ; fre- quency of condemnation, and frequent pardons. 230 ELEGANT EXTRACTS. BOOK VI. As hope is the first and greatest spring of action, if it was so, thai; out of twenty convicts one only was to be pardoned, the thief would say, ' Why may not I be that one ?' But since, as our laws are actually administered, not one in twenty is ex- ecuted, the thief acts on the chance of twenty to one in his favour ; he acts on a fair and reasonable presumption of indemnity ; and I verily believe, that the confident hope of indemnity is the cause of nineteen in twenty robberies that are com- mitted. But if we look to the executions themselves, what example do they give ? The thief dies either hardened or penitent. We are not to consider such reflections as occur to reasonable and good men, but such impressions as are made on the thoughtless, the desperate, and the wicked. These men look on the hardened villain with envy and admiration. All that animation and contempt of death with which heroes and martyrs inspire good men in a good cause, the abandoned villain feels in seeing a desperado like himself meet death with intrepidity. The penitent thief, on the other hand, often makes the sober villain think in this way : himself oppressed with poverty and want, he sees a man die with that penitence which pro- mises pardon for his sins here, and happiness here- after; straight he thinks, that by robbery, for- gery, or murder, he can relieve all his wants; and if he be brought to justice, the punishment will be short and trifling, and the reward eternal. Even in crimes which are seldom or never par- doned, death is no prevention. House-breakers, forgers, and coiners, are sure to be haDged: yet BOOK VI. PARLIAMENTARY SPEECHES. 23J house-breaking, forgery, and coining, are the very crimes which are the oftenest committed. Strange it is, that in the case of blood, of which we oughi to be most tender, we should still go on, against reason and against experience, to make unavailing slaughter of our fellow creatures. A recent event has proved, that policy will do what blood cannot do. I mean the late regulation of the coinage. For thirty years together men were continually hang- ed for coining: still it went on : but, on the new regulation of the gold coin, ceased. This event proves these two things : the efficacy of police, and the inefficacy of hanging. But is it not very extraordinary, that since the regulation of the gold coin, an act has passed, making it treason to coin silver? But has it stopped the coinage of silver? On the contrary, do you not hear of it more than ever ? It seems as if the law and the crime bore the same date. I do not know what the honourable member thinks who brought in the bill ; but perhaps some feelings may come across his own mind, when he sees how many lives he is taking away for no purpose. Had it been fairly stated, and specifically pointed out, what the mis- chief of coining silver in the utmost extent is, that hanging bill might not have been so readily adopted : under the name of treason it found an easy passage. I indeed have always understood treason to be nothing less than some act or con- spiracy against the life or honour of the king, and the safety of the state : but what the king or state can suffer by my taking now and then a bad sixpence or a bad shilling, I cannot imagine. By this nickname of treason, however, there 232 ELEGANT EXTRACTS. BOOK VI. lies at this moment in Newgate, under sentence to be burnt alive, a girl just turned of fourteen ; at her master's bidding, she bid some white-washed farthings behind her stays, on which the jury found her guilty, as an accomplice with her mas- ter in the treason. The. master was hanged last Wednesday ; and the faggots all lay ready — no leprieve came, till just as the cart was setting out, and the girl would have been burned alive on the same day, had it not been for the humane but casual interference of lord Weymouth. Good God ! sir, are we taught to execrate the fires of Smithfield, and are we lighting them now to burn a poor harmless child for hiding a white-washed farthing ! And yet, this barbarous sentence, which ought to m;ske nun shudder at the thought of shedding blood for such trivial causes, is brought as a reason for more hanging and burning. It was recommended to me, not many days ago, to bring in a bill to make it treason to coin copper, as well as gold and silver. Yet, in the formation of these sanguinary laws, humanity, religion, and policy, are thrown out of the question. This one wise argument is always sufficient ; if you hang for one fault, why not for another? if for stealing a sheep, why not for a cow or a horse ? If for a shilling, why not for a handkerchief that is worth eighteen-pence ? — and so on. We therefore ought to oppose the increase of these new laws : the more, because every fresh one begets twenty others. When a member of parliament brings in a new hanging law, he begins with mentioning some in- jury that may be done to private property, for BOOK VI. PARLIAMENTARY SPEECHES. 233 which a man is not yet liable to be hanged ; and then proposes the gallows as the specific and in. fallible means of cure and prevention. But the bill, in progress of time, makes crimes capital, that scarce deserve whipping. For instance, the shop-lifting act was to prevent bankers' and silver- smiths', and other shops, where there are com- monly goods of great value, from being robbed ; but it goes so far as to make it death to lift any thing off a counter with intent to steal. Under this act, one Mary Jones was executed, whose case I shall just mention : it was at the time when press-warrants were issued, on the alarm about Falkland Islands. The woman's husband was pressed, their goods seized for some debts of his, and she, with two small children, turned into the streets a-begging. It is a circumstance not to be forgotten, that she was very young (under nineteen), and most remarkably handsome. She went to a linen-draper's shop, took some coarse linen off the counter, and slipped it under her cloak ; the shopman saw her, and she laid it down: fortius she was hanged. Her defence was (I have the trial in my pocket), ' that she had lived in credit, and wanted for nothing, till a press- gang came and stole her husband from her; but, since then, she had no bed to lie on ; nothing to give her children to eat ; and they were almost naked ; and perhaps she might have done some- thing wrong, for she hardly knew what she did.' The parish officers testified the truth of this story ; but it seems, there had been a good deal of shop- lifting about Ludgate ; an example was thought necessary ; and this woman was hanged for the VOL. III. H H 234 ELEGANT EXTRACTS. BOOK VI. comfort and satisfaction of shopkeepers in Lud- gate-street. When brought to receive sentence, she behaved in such a frantic manner, as proved her mind to be in a distracted and desponding state ; and the child was sucking at her breast when she set out for Tyburn. Let us reflect a little on this woman's fate. The poet says, * an honest man's the noblest work of God.' He might have said with equal truth, that a beauteous woman's the noblest work of God. But for what cause was God's creation robbed of this its noblest work ? It was for no injury ; but for a mere attempt to clothe two naked chil- dren by unlawful means. Compare this with what the state did, and with what the law did. The state bereaved the woman of her husband, and the child of a father, who was all their support ; the law deprived the woman of her life, and the children of their remaining parent, exposing them to every danger, insult, and merciless treatment, that destitute and helpless orphans suffer. Take all the circumstances together, I do not believe that a fouler murder was ever commmitted against law, than the murder of this woman by law. Some who hear me are perhaps blaming the judges, the jury, and the hangman ; but neither judge, jury, nor hangman, are to blame ; they are but ministerial agents : the true hangman is the mem- ber of parliament ; he who frames the bloody law is answerable for all the blood that is shed under it. But there is a further consideration still. Dying as these unhappy wretches often do, who knews what their future lot may be ! Perhaps, my honourable friend, who moves this bill, has not BOOK VI. PARLIAMENTARY SPEECHFS. 235 yet considered himself in the light of an execu- tioner ; no man has more humanity, no man a stronger sense of religion than himself; and I verily believe, that at this moment he wishes as little success to this hanging law as I do. His nature must recoil at making himself the cause, not only of shedding the blood, but perhaps de- stroying the soul of his fellow creature. But the wretches who die are not the only suf- ferers ; there are more and greater objects of com- passion still ; — I mean the surviving relations and friends. Who knows how many innocent children we may be dooming to ignominy and wretched- ness ? Who knows how many widows' hearts we may break with grief, how many grey hairs of parents we may bring with sorrow to the grave ? The Mosaic law ordained, that for a sheep or an ox, four and five fold should be restored ; and for robbing a house, double ; that is one fold for reparation, the rest for example ; and the forfeiture was greater, as the property was more exposed. If the thief came by night, it was lawful to kill him : but if he came by day, he was only to make restitution ; ;