115 Propofal for establishing a Society in Defence of LIBERTY. very little petty excifeman, Surely there is a great difference between oppofing all taxes, and a particular method of collecting them. The glori qus and immortal King William was far from thinking excije laws compatible with the liberties of a tree people; and though they were not all abolished at the revolution, yet they received a fevere check in the preamble to the act, for taking away the chimney tax; where it is faid, that expofing every man's house to be enter'd into, and fearch'd at pleasure, by perjans unknown to them, is not only a great oppreffion to the poorer fort, but a BADGE OF SLAVERY UPON THE WHOLE PEOPLE. A B mafters, or arbitrary disposers, of the lives liberties, or fortunes of the perple. Let us then, before it he too late, unite as one man in the defence of our liberties; and as Englifhmen, exert that power of faving ourselves, which (as Locke obferves) we ftill retain, and is inherent in us. Let the people of the feveral counties, in the first place, immediately inftruct their representatives strictly to attend their duty in parliament, and use their utmost efforts to obtain a repeal of this very unconftitutional, and moft oppreffive a&t: That they do with the greatest firmnefs and refolution infift that the subject shall pay ng compofition, or tribute, to prevent their private houses from being liable to be entered and fearched at pleafure by perfons unknown: That they do not confent to any tax for levying any money on the people, till this ་ Badge of flavery be taken from us,' and we have obtained the full poffeffi on of these two great privileges, Tryals per Pares, and THE FREEDOM OF OUR OWN HOUSES. May that power which has fo often and fo vifibly interpofed in behalf of the rights and liberties of this nation, contifnue its care over us at this worst and moft dangerous juncture; whilst the infolence of enemies without, and the influence of corruption within, 'threaten the ruin of her conftitutiEon? Yours, &c. A FREEHOLDER. It may be faid, that the fting of the late excife act is taken away by the compounding clause. At first fight the pill, 'tis true, feems to be a little C guilded, but on a nearer view it is easily difcern'd that that claufe makes no alteration in the fubftance of the act: For (as a late writer very juftly obferves) if the fubjecting private houses to vifitation of excije officers is in itself inconfiftent with the rights of a free people, the compounding claufe can make no al-D teration, because it is founded upon that which is not RIGHT in itself. Again, if any one by a threatening letter make you compound by paying a fum of money for their not entering your house, it is, no doubt, as much an infringement upon the fecurity you have a right to, as if they had actually entered the houfe. And the legislature have confidered it in that very light by making it a capital offence. But further, fuppofe a Weft Indian flave should, by fome unforeseen accident, become fo rich as to be enabled to compound with kis mafter for a certain fum, or F weekly itipend, in lieu of the right his faid mafter has to his fervice: Will any one pretend from thence to argue that he is in fact, more free than his fel low flave who is not fo fortunate, and therefore obliged to continue his fervice by perfonal labour? In short, the queftion (as is faid before) is not in regard to the tax, but, who hath a right to impose upon a free people a NESESSITY of compounding to be free from a flavery? The great Mr Locke, in his Effay on Government, fays, The community retains a fupreme power of faving themselves from the attempts and defigns of any, even the ler flature themselves, whenever they fball be fo foolish, or fo wicked, as to carry cdjigns again the liberties and proper of the fubject, and to make themselves Mr URBAN, SON OME time ago, (See Vol. xxxiii. p. the was a propofal made for eftablishing a fociety for the PRESERVATION OF PUBLIC LIBERTY. It were to be withed, that the writer would make his plan public; for certain it is, that liberty can only be preferved in a fige ftate by being guarded with a jealous eye; for the firit foundation of flavery in most nations, will be found THEIR OWN INDIFFE RENCE. First, feeing as it were, unconcerned, one privilege violated, then another, till by degrees they have no privilege left to help them felves, and fo become miferable flaves. No ope could have believed fome years ago, that the greatest part of this free kingdom would have feen with unconcern, what was deemed by the parliament Hin King William's time A BADGE OF G SLAVERY UPON THE WHOLE PEOPLE, viz. the expofing private houses to be entered, and jearched at pleasure: But this the greatest part of the king, dom has now done (because not imme diately broke, Knt. Sir Richard Glynn, Bart. 'William Beckford, Efq; and the Hon." • Thomas Harley, Efq; the reprefenta'tives of this citv, for their zealous and fpirited endeavours to affert the rights and liberties of the fubject by their laudable attempt to obtain a feafo'nable and parliamentary declarati'on, That a general warrant for apprebending and feizing the Authors, Printers, and Publishers of a feditious Libel, together with their papers, is not warBranted by law. And to express to 'them our warmeft exhortations, that 'they fteadily perfevere in their duty to the crown, and ufe their utmost ⚫ endeavours to fecure the houses, papers and perfons of the fubject, from arbitrary and illegal'violations. diately effected) with respect to the cyder tax. Have they not by this, in effect, given up their own liberty, with respect to that which is the most facred, and, indeed, confidering its uni verfality, the most valuable of all the A bleffings of liberty; the enjoyment of a man's own houfe, unvifited and unfearched: O heavens? that thofe who boaft freedom can fee this with unconcern! Can they be fo foolish to imagine that the precedent established in the cyder counties will not one time or other be turned against themselves ? It is therefore time to awaken and roufe the spirit of liberty; and a fociety formed for this noble purpose, who would turn their attention to every thing that might preserve this precious bleffing, would be the moft refpectable, and the most useful, of all the focieties C now exifting in Europe: For with liberty there is all things; without it nothing but wretchednefs. I would propofe for the present that two most noble pieces of fculpture, the one representing, in the strongest figures, the bleffings of liberty; the o- D ther, the miseries of flavery; fhould be erected in the Guildhall of the city of London; on the fides of which should be inferted in large characters MAGNA CHARTA: the BILL OF RIGHTS; The Privilege, dignity, and importance of Jurors; in short, every claufe of law, and original right, which tends to fupport public liberty. This could not fail of having a confiderable effect; and we find it was practifed by all ancient Free States. E What I propose would be an ornament to that noble room, and it is probable moft Guild or Town-balls in the kingdom would, in fome degree, F follow the example. If this propofal hould meet with the approbation of the publick, and be set about, the writer of this hereby engages to subscribe fifty guineas towards it. A Friend to Liberty. To the GENTLEMEN, CLERGY, and FREEHOLDERS, of ENGLAND and WALES. S Britons, it cannot be supposed but than common pleasure at reading the following late paragraph in the Newspapers. At a court held of Common-Coun. cil at Guildhall, London, the zift of February, 1764. Refolved, That the thanks of this court be prefented to Sir Robert Lad(Gent. Mag. MARCH 1764) G H But to make this refolution effectual, your concurrence is neceffary; the like inftructions to your respective members. You and your profterity, every one of you are concerned in it; for while there are in use general warrants expreffing no one's name, and without any information upon oath for apprehending and feizing the perfons, and rummaging the papers and molt fecret concerns of any one, whom the perfons in poffeffion of the warrant think proper, no one perfon whatfoever is fecure; nor can any man be fure of fleeping in peace and fecurity in his own houfe, unviolated by King's Messengers, and the arbitrary mandates of an overbearing fecretary of ftate. If you fend the like inftructions to your reprefentatives as the city of London, no doubt these warrants, if not founded on the conftitutional laws of of the kingdom, will be wholly fet afide, and thereby a very great fecurity of liberty be eftablished to yourselves and pofterity; fo that your own and pofterity's fecurity depends upon your behaviour on this occafion. With great reason it is to be feared that your not unanimously joining the city of London in their petition against the extension of excife laws will be feverely felt by yourselves or your pofterity. A friend to Liberty. To the Common Council of the City of LONDON. 118 Remarks on the foregoing Refolution. the fubjects. They have therefore defired me to tranfmit their fentiments to you, and to the public, on this fubject, that our fellow citizens and the ' nation may know that our opinions are different from yours, and to affign our reasons for this difference. You have thought proper to prefent your addrefs of thanks to the reprefentatives of London, for their, zealous and fpirited endeavours to affert the rights and liberties of the fubject, by their laudable attempt to obtain a parliamentary declaration, that a general warrant for appre- B bending and feizing the authors, printers, and publishers of a feditious libel, together with their papers, is not warranted by law.' As you feem not to have enquired, with due attention, into the nature of those spirited endeavours, permit me to attempt that task. By thefe means it may be C determined whether they truly deferve the epithet of laudable, and whether you have not been mistaken in the objects of your approbation. By the conftitution of this realm the legiflative power refides in the King, the Lords, and the Commons. The ( laws which are by them enacted, are the fole rules by which the courts of justice ought to proceed; and by these alone all who are accused of offending them are to be tried. Offences against <fach inftitutes cannot with propriety gal, would not have expreffed a teadency to a stretch of power which is unconftitutional, and capable of influencing the verdicts of jurymen, and even of judges themselves, before whom the above-mentioned caufes may be brought? Are not you thereA fore, who have fo publickly applauded the attempt to obtain fuch a refolution in that houfe, the avowed enemies of the freedom, uprightness, and protection of the laws *? Had this zealous approbation arifen from the genial ardour of patriotism, it had incited you to have prefented your addrefs of thanks to those members who voted an adjournment of the confideration concerning the illegality of the above-mentioned warrants to a diftant day; to men, who were convinced that this motion was truly unconftitutional; that the laws of the land ought not to be influenced by any part of the legislature; that neither judges nor jurymen ought to be actuated by the leaft influence or prepoffeffion; and that juftice ought to be the only motive in judicial decifions: This was undoubtedly proceeding according to the conftitution of the kingdom, and those men deferve the highest commendation from their conftituents, and the whole kingdom, who preferred the unbiaffed courfe of the laws to every other confideration. D become the objects of any one part of ( the legislature, otherwife than by ju- E dicial procefs; and though that may ! be legally the cafe refpecting the Houfe of Lords, which is at once a tribunal of law and equity, they cannot be brought before the House of Commons (in that manner, because, according to their rights and privileges, they can(not take cognizance of fuch offences (as a court of judicature. F On what principles of the conftitution, then, do you so ardently applaud the endeavours of your reprefentatives to obtain a refolution of the Houfe of Commons, that the fecretaries warrants were illegal, when there G were at that inftant fuits fubfifting, which had been commenced against the Earl of Halifax, Mr Webb, and actions of trefpafs against Watson, Money, Blackmore, Adran, Collins, and Chifolme, for the feveral parts in which they had been concerned in feizing the papers and perfon of Mr Wilkes? Let me afk you then, Whether a vote of the House of Commons, that the warrant for feizing papers and perfops were ille H This address of yours in approbation of your representatives, Gentlemen, appears the more fingular, in as much as you exprefs your warmest 'exhortations to them to use their ut⚫ most endeavours to fecure the houses, papers, and persons of the fubject from arbitrary and illegal violations, when you could not be uninformed, that one of those very reprefentatives had objected to a bill for eftablishing by law the illegality of the above This argument was thought of no weight in the cafe of Mr Wilkes. It was urged by that Gentleman's friends, that the Houfe ought not to proceed to an enquiry into his offence, as he was then under profecution for it in the courts beloru, at the fuit of the crown; and that when the record of his conviction there, if he should be found guilty, fhould be brought up to the H. of C. that would be a proper ground to go upon, in inflicting the cenfure of the Houfe upon him; but if the judgment of the Houfe fhould be given against him now, he would thereby be prejudged, and it must greatly influence a jury upon his trial in Weftminfer-Hall; if this argument, therefore, was thought infufficient then, why is it infift ed upon against the citizens of London now? men mentioned warrants. Instead then of applauding their endeavours to obtain a vote of the illegality of fuch warrants, had the liberty and protection of the fubject been your motives, fhould you not have reprehended those endeavours as unconititutional, and the objection to the bill as criminal in those who are to fuperintend the people's rights? You cannot be unconvinced alfo, that those who voted the adjourning the confideration of that motion, which you fo much applaud, were infinitely more zealous for a legal method of protecting the papers and perfons of the fubjects, than thofe very objects of your approbation, and even on the day of the debate, that no gentleman of that House was more ardent to have that protection carried into a law, than the First Lord Commiffioner of the Treafury, provided that the fecretaries warrants were not illegal. The gentlemen, therefore, who voted to adjourn the confideration of the illegality of the warrants, were not induced to it, because they were not convinced that they ought not to be illegal, but because there were fuits then depending in the courts of law, which they apprehended might be influenced by a refolution of the illegality of the feizure; and becaufe, as exceptions had been made at the trial of Mr Wood, by the counsel for the defendant, the confideration of warrants, whether illegal or not, would come before the bench of judges. At this time, if all that honourable bench fhould not be unanimous in the illegality of the fe'cretaries proceedings, it was refolved that a law fhould be framed by which they should be made illegal for the future; and with this view it was moved to bring in a bill for that purpose: Whereas if the opinion of illegality unanimously prevailed, there could exift no reason for conftituting a new law to make them fo. When the motion was made and feconded for bringing in a bill to protect the persons and papers of the fubjects, in the fulleft terms which could be expreffed, why was this motion oppofed by them who urged fo vehemently for the vote of illegality? Is it that a refolution of the A B C proof that the liberty and protection of the fubjects were used as the specious pretext to gild another intent, and not the real objects of thofe whom you applaud? Had you conceived this object in its true light, would you not have transferred your thanks from those who op pofed, to those who moved for the bill to fecure our rights and privileges? If you would not, can your heads or hearts be deemed fuch as thofe fhould poffefs who fuperintend the welfare of this great city? But I am apprehenfive, from the fpirit of the times, that your ardour for faction has fuperfeded all other confiderations, and feduced you to the prefenting this address of thanks to your reprefentatives. This, Gentlemen, is the point of view in which this affair appears to me, and to great numbers of my fellow citizens; and these are our reafons for difapproving this meafure. We are con vinced that our liberties, laws, and rights depend on the equal prefervation of the juft authority of each part of the legislature; and we fear the extenfion of power no lefs in the House of Commons than in the crown: We Dknow from history that no era of the English nation has been fo flagrantly difgraced by civil bloodshed, by the trampling our religion and conftitution under foot, by oppreffion, tyranny, and anarchy by turns, as that in which the Commons had gained an unnatural afcendancy. We know we have a king whofe chief ambition it is to promote the happiness and profperity of his fubjects, and we are refolved to preferve both him and them by every act of allegiance and fortitude. G House of Commons is of more force than a law? Or is it that fince that vote was intended to have answered a particular purpofe, which could not be accomplished, that therefore a bill, which might have fecured what the H refolution ought not to have effected, was not worth being carried into a law? Can there exift a more coercive We hope, therefore, as it is your duty to repent of this inconfiderate and unconstitutional address, that you will revoke it also, left other corporations, feduced by the idea of the greatnefs and manners of the city of London, may follow your example; and, left calamities, fimilar to thofe which our ancestors fo feverely felt from the former promptness of the Common Council of London, may deftroy the tranquillity and happiness of their defcendants, and once more involve this nation in civil wars and ruin, from the boundiefs ambition of a few tyrannick and ufurping fubjects. Enigmatical Hiftory of S my hiftory is fomewhat long, it A may be expected I should begin with a formal account of my birth, pa ren 120 An Enigmatical Hiftory. entage, and education; and first for my buth and parentage. Though no man, I believe fince Adam's days,came into the world without father and mother; yet I can fafely fay, that I did. In fhort, I am selfproduced, and can bring the teftimony of a credible author, to prove it. As to my education, I was originally not defigned for any thing; the confe. quence of which was, as it often happens, that they who had hitherto taken care of me, were foon either redu. ced to a goal, or exalted on the gallows. By going into France, I was in the opinion of all men of fenfe, really improved in tafte, though fome coxcombs in England will not allow it. I was once picked up by fome young gentlemen on their travels, who were fo kind as to bring me home with them into England, where I have governed them ever fince, and am proud to fay that they, and indeed moft men be fides, are even vain in company when they have me to recommend and fet them off. If I fay no more than that I am in myself abfolutely good, and bad, it may help you, perhaps, to a good general idea of my morals. Religion I have none: yet the most bigotted church men will tell you, that I am to be depended upon in matters of faith more than the Gospel, or the Pope's infallibility. A B D troublesome most part of his reign. -During the late miniftry, I was quite agreeable to the party then in the oppofition, when they were di gutted at every thing. Yet as if I hid been a traitor to the caufe, they once proteked in publick, that unless the prime minifter was removed, they would give me up to the King and court.Some of the prefent ministry are faid to be well acquainted with me in the way of their business: And indeed time has been when I myself have been in the office of the treatury. For your farther fatisfaction, I will now give you a few hints with regard to my general character, behaviour, and reception in the worid, and firit, I am highly valued by all men that are truly wife; and at the fame time fought after by every idle blockhead in the kingdom. Notwithstanding this, there is a fet of empty-headed coxcombs who know me, and are continually laughing at me. Some ladies too are apt to do this too often; tho' at other times they have been known to fhed plenty of tears on my account. I am, upon the whole, fo much in their favour, that I am in most of their fecrets; and the prudes of the fex in particular do always fpeak well of me. I am generally believed to be in all the cabals of the Free-Mafons, though that is more than they care to own. My perfonal valour is fuch, that the greatest heroes from Julius Cafar to the Duke of Marlborough, who feared nothing, feared me. Admiral Veraen, though he boafted that he took Porto Bello with fix fhips only, had my affiftance befides; and that he did it with my affittance only, was his chief glory. I am in reality more dull than a ftock or flone, and yet when a company has been divided in their opinions, the greatest difputants have frequently brought me to prove their affertions:-'tis true they have often been laughed at for their pains. I fo far excel in the art of phyfick, that I can easily cure the plague and the hyp, and, which is more than every parfon of a parish can do, can perfuade a quaker to own that he ought to pay tythes, and a Jew to eat bacon for his dinner; both which have hitherto been looked upon as things impoffible. I appear to most old people before I die, and am, in fuch cafes, a certain fign of death not far of. If I do the like to the young, as I do fometimes by accident, it is not upon the fame errand. In short, I am what you faldom think Now for my politicks.-In the characters of both Whig and Tory you may trace me much farther back than the reigns of the Stuarts: But because few men now living can be fuppofed to have been witnefies to what paffed before King James II's time, I fhall begin my hiftory from thence only. At the time of the Revolution King F James's friends, and moft of the Pretender's face, fay, that the Prince of Orange brought me over with him to prove his title to the crown of England; but this is entirely falfe: for I oppofed him vigorously; and there was fo little friendship between us, that, though it be little to my own credit, yet I will mention it, and as a G proof of that monarch's genius and capacity, that he never fpoke a word for me in his life.-The moft part of Queen Anne's reign, the beginning of which was taken up with foreign wars, and the end with civil diffentions, I lay ftill and peaceable at home. I hall not relate the particulars of my behaviour under King George I. but only tell you in general that I was very of |