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were hot more numerous in proportion to those whom they held in a slavery, even more terrible than the Athenian. Therefore state the matter fairly: the free states never formed, though they were taken altogether, the thousandth part of the habitable globe; the freemen in these states were never the twentieth part of the people, and the time they subsisted is scarce any thing in that immense ocean of duration in which time and slavery are so nearly commensurate. Therefore call these free states, or popular governments, or what you please; when we consider the majority of their inhabitants, and regard the natural rights of mankind, they must appear in reality and truth, no better than pitiful and oppressive oligar chies.

After so fair an examen, wherein nothing has been exaggerated; no fact produced which cannot be proved, and none which has been produced in any wise forced or strained, while thousands have, for brevity, been omitted; after so candid a discussion in all respects; what slave so passive, what bigot so blind, what enthusiast so headlong, what politician so hardened, as to stand up in defence of a system calculated for a curse to mankind? a curse under which they smart and groan to this hour, without thoroughly knowing the nature of the disease, and wanting understanding or courage to supply the remedy.

I need not excuse myself to your Lordship, nor, I think, to any honest man, for the zeal I have shewn in this cause; for it is an honest zeal, and in a good cause. I have defended natural religion against a confederacy of atheists and divines. I now plead for natural society against politicians, and for natural reason against all three. When the world is in a fitter temper than it is at present to hear truth, or when I shall be more indifferent about its temper; my thoughts may become more public. In the mean time, let them repose in my own bosom, and in the bosoms of such men as are fit to be initiated in the sober mysteries of truth and reason. My antagonists have already done as much as I could desire. Parties in religion and politics make sufficient discoveries concerning each other, to give a sober man a proper caution against them all. The monarchic, and aristocratical, and popular partisans have been jointly laying their axes to the root of all government, and have in their turns proved each other absurd and inconvenient. In vain you tell me that artificial government is good, but that I fall out only with the abuse. The thing! the thing itself is the abuse! Observe, my Lord, I pray you, that grand errour

upon which all artificial legislative power is founded. It was observed, that men had ungovernable passions, which made it necessary to guard against the violence they might offer to each other. They appointed governours over them for this reason! but a worse and more perplexing difficulty arises, how to be defended against the governours? Quis custodiet ipsos custodes? In vain they change from a single person to a few. These few have the passions of the one, and they unite to strengthen themselves, and secure the gratification of their lawless passions at the expense of the general good. In vain do we fly to the many. The case is worse; their passions are less under the government of reason, they are augmented by the contagion, and defended against all attacks by their multitude.

I have purposely avoided the mention of the mixed form of government, for reasons that will be very obvious to your Lordship. But my caution can avail me but little. You will not fail to urge it against me in favour of political society. You will not fail to shew how the errours of the several simple modes are corrected by a mixture of all of them, and a proper balance of the several powers in such a state. I confess, my Lord, that this has been long a darling mistake of my own; and that of all the sacrifices I have made to truth, this has been by far the greatest. When I confess that I think this notion a mistake, I know to whom I am speaking, for I am satisfied that reasons are like liquors, and there are some of such a nature as none but strong heads can bear. There are few with whom I can communicate so freely as with Pope. But Pope cannot bear every truth. He has a timidity which hinders the full exertion of his faculties, almost as effectually as bigotry cramps those of the general herd of mankind. But whoever is a genuine follower of truth, keeps his eye steady upon his guide, indifferent whither he is led, provided that she is the leader. And, my Lord, if it be properly considered, it were infinitely better to remain possessed by the whole legion of vulgar mistakes, than to reject some, and at the same time to retain a fondness for others altogether as absurd and irrational. The first has at least a consistency, that makes a man, however erroneously, uniform at least; but the latter way of proceeding is such an inconsistent chimera and jumble of philosophy, and vulgar prejudice, that hardly any thing

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more ridiculous can be conceived. therefore freely, and without fear or prejudice, examine this last contrivance of policy. And without considering how near the quick our

1

instruments may come, let us search it to the jarring interests may chance to prevail; and as bottom.

First then, all men are agreed that this junction of regal, aristocratic, and popular power, must form a very complex, nice, and intricate machine, which being composed of such a variety of parts, with such opposite tendencies and movements, it must be liable on every accident to be disordered. To speak without metaphor, such a government must be liable to frequent cabals, tumults, and revolutions, from its very constitution. These are undoubtedly as ill effects as can happen in a society; for in such a case, the closeness acquired by community, instead of serving for mutual defence, serves only to increase the danger. Such a system is like a city, where trades that require constant fires are much exercised, where the houses are built of combustible materials, and where they stand extremely close.

In the second place, the several constituent parts having their distinct rights, and these many of them so necessary to be determined with exactness, are yet so indeterminate in their nature, that it becomes a new and constant source of debate and confusion. Hence it is, that whilst the business of government should be carrying on, the question is, Who has a right to exercise this or that function of it, or what men have power to keep their offices in any function? Whilst this contest continues, and whilst the balance in any sort continues, it has never any remission; all manner of abuses and villanies in officers remain unpunished; the greatest frauds and robberies in the public revenues are committed in defiance of justice; and abuses grow, by time and impunity, into customs; until they prescribe against the laws, and grow too inveterate often to admit a cure, unless such as may be as bad as the disease.

Thirdly, the several parts of this species of government, though united, preserve the spirit which each form has separately. Kings are ambitious; the nobility haughty; and the populace tumultuous and ungovernable. Each party, however, in appearance peaceable, carries on a design upon the others; and it is owing to this, that in all questions, whether concerning foreign or domestic affairs, the whole generally turns more upon some party-matter than upon the nature of the thing itself; whether such a step will diminish or augment the power of the crown, or how far the privileges of the subject are like to be extended or restricted by it. And these questions are constantly resolved, without any consideration of the merits of the cause, merely as the parties who uphold these

they prevail, the balance is overset, now upon one side, now upon the other. The government is one day, arbitrary power in a single person; another, a juggling confederacy of a few to cheat the prince and enslave the people; and the third, a frantic and unmanageable democracy. The great instrument of all these changes, and what infuses a peculiar venom into all of them, is party. It is of no consequence what the principles of any party, or what their pretensions are; the spirit which actuates all parties is the same; the spirit of ambition, of self-interest, of oppression, and treachery. This spirit entirely reverses all the principles which a benevolent nature has erected within us; all honesty, all equal justice, and even the ties of natural society, the natural affections. In a word, my Lord, we have all seen, and if any outward considerations were worthy the lasting concern of a wise man, we have some of us felt, such oppression from party government as no other tyranny can parallel. We behold daily the most important rights, rights upon which all the others depend, we behold these rights determined in the last resort, without the least attention even to the appearance or colour of justice; we behold this without emotion, because we have grown up in the constant view of such practices; and we are not surprised to hear a man requested to be a knave and a traitor, with as much indifference as if the most ordinary favour were asked; and we hear this request refused, not because it is a most unjust and unreasonable desire, but that this worthy has already engaged his injustice to another. These and many more points I am far from spreading to their full extent. You are sensible that I do not put forth half my strength; and you cannot be at a loss for the reason. A man is allowed sufficient freedom of thought, provided he knows how to choose his subject properly. You may criticise freely upon the Chinese constitution, and observe with as much severity as you please upon the absurd tricks, or destructive bigotry of the bonzees. But the scene is changed as you come homeward, and atheism or treason may be the names given in Britain, to what would be reason and truth if asserted of China. I submit to the condition, and though I have a notorious advantage before me, I wave the pursuit. For else, my Lord, it is very obvious what a picture might be drawn of the excesses of party even in our own nation. I could shew, that the same faction has in one reign promoted popular seditions, and in the next been a patron of tyranny; I could shew,

that they have all of them betrayed the public safety at all times, and have very frequently with equal perfidy made a market of their own cause, and their own associates. I could shew how vehemently they have contended for names, and how silently they have passed over things of the last importance. And I could demonstrate, that they have had the opportunity of doing all this mischief, nay, that they them selves had their origin and growth from that complex form of government, which we are wisely taught to look upon as so great a blessing. Revolve, my Lord, our history from the conquest. We scarce ever had a prince, who by fraud, or violence, had not made some infringement on the constitution. We scarce ever had a parliament which knew, when it attempted to set limits to the royal authority, how to set limits to its own. Evils we have had continually calling for reformation, and reformations more grievous than any evils. Our boasted liberty sometimes trodden down, sometimes giddily set up, and ever precariously fluctuating and unsettled; it has only been kept alive by the blasts of continual feuds, wars, and conspiracies. In no country in Europe has the scaffold so often blushed with the blood of its nobility. Confiscations, banishments, attainders, executions, make a large part of the history of such of our families as are not utterly extinguished by them. Formerly indeed things had a more ferocious appearance than they have at this day. In these early and unrefined ages, the jarring parts of a certain chaotic constitution supported their several pretensions by the sword. Experience and policy have since taught other methods.

At nunc res agitur tenui pulmone rubetæ. But how far corruption, venality, the contempt of honour, the oblivion of all duty to our country, and the most abandoned public prostitution, are preferable to the more glaring and violent effects of faction, I will not presume to determine. Sure I am that they are very great evils. I have done with the forms of government. During the course of my enquiry you may have observed a very material difference between my manner of reasoning and that which is in use amongst the abettors of artificial society. They form their plans upon what seems most eligible to their imaginations, for the ordering of mankind. I discover the mistakes in those plans, from the real known consequences which have resulted from them. They have inlisted reason to fight against itself, and employ its whole force to prove that it is an insufficient guide to them in the conduct of their lives.

But unhappily for us, in proportion as we have deviated from the plain rule of our nature, and turned our reason against itself, in that proportion have we increased the follies and miseries of mankind. The more deeply we penetrate into the labyrinth of art, the further we find ourselves from those ends for which we entered it. This has happened in almost every species of artificial society, and in all times. We found, or we thought we found, an inconvenience in having every man the judge of his own cause. Therefore judges were set up, at first with discretionary powers. But it was soon found a miserable slavery to have our lives and properties precarious, and hanging upon the arbitrary determination of any one man, or set of men. We flew to laws as a remedy for this evil. By these we persuaded ourselves we might know with some certainty upon what ground we stood. But lo! differences arose upon the sense and interpretation of these laws. Thus we were brought back to our old incertitude. New laws were made to expound the old; and new difficulties arose upon the new laws; as words multiplied, opportunities of cavilling upon them multiplied also. Then recourse was had to notes, comments, glosses, reports, responsa prudentum, learned readings: eagle stood against eagle: authority was set up against authority. Some were allured by the modern, others reverenced the antient. The new were more enlightened, the old were more venerable. Some adopted the comment, others stuck to the text. The confusion increased, the mist thickened, until it could be discovered no longer what was allowed or forbidden, what things were in property, and what common. In this uncertainty, (uncertain even to the professors, an Egyptian darkness to the rest of mankind,) the contending parties felt themselves more effectually ruined by the delay than they could have been by the injustice of any decision. Our inheritances are become a prize for disputation; and disputes and litigations are become an inheritance.

The professors of artificial law have always walked hand in hand with the professors of artificial theology. As their end, in confounding the reason of man, and abridging his natural freedom, is exactly the same, they have adjusted the means to that end in a way entirely similar. The divine thunders out his anathemas with more noise and terrour against the breach of one of his positive institutions, or the neglect of some of his trivial forms, than against the neglect or breach of those duties and commandments of natural religion, which by these forms and institutions he pretends to enforce. The

lawyer has his forms, and his positive institutions too, and he adheres to them with a veneration altogether as religious. The worst cause cannot be so prejudicial to the litigant, as his advocate's or attorney's ignorance or neglect of these forms. A law-suit is like an ill-managed dispute, in which the first object is soon out of sight, and the parties end upon a matter wholly foreign to that on which they began. In a lawsuit the question is, who has a right to a certain house or farm? And this question is daily determined, not upon the evidence of the right, but upon the observance or neglect of some forms of words in use with the gentlemen of the robe, about which there is even among themselves such a disagreement, that the most experienced veterans in the profession can never be positively assured that they are not mistaken.

Let us expostulate with these learned sages, these priests of the sacred temple of justice. Are we judges of our own property? By no means. You then, who are initiated into the mysteries of the blindfold goddess, inform me whether I have a right to eat the bread I have earned by the hazard of my life, or the sweat of my brow? The grave doctor answers me in the affirmative; the reverend serjeant replies in the negative; the learned barrister reasons upon one side and upon the other, and concludes nothing. What shall I do? An antagonist starts up and presses me hard. I enter the field, and retain these three persons to defend my cause. My cause, which two farmers from the plough could have decided in half an hour, takes the court twenty years. I am however at the end of my labour, and have in reward for all my toil and vexation, a judgment in my favour. But hold-a sagacious commander in the adversary's army, has found a flaw in the proceeding. My triumph is turned into mourning. I have used or, instead of and, or some mistake, small in appearance, but dreadful in its consequences, and have the whole of my success quashed in a writ of errour. I remove my suit; I shift from court to court; I fly from equity to law, and from law to equity; equal uncertainty attends me every where; and a mistake in which I had no share, decides at once upon my liberty and property, sending me from the court to a prison, and adjudging my family to beggary and famine. I am innocent, gentlemen, of the darkness and uncertainty of your science. I never darkened it with absurd and contradictory notions, nor confounded it with chicane and sophistry. You have excluded me from any share in the conduct of my own cause; the science was too

deep for me; I acknowledged it; but it was too deep even for yourselves: you have made the way so intricate, that you are yourselves lost in it; you err, and you punish me for your

errours.

The delay of the law is, your Lordship will tell me, a trite topic, and which of its abuses have not been too severely felt not to be complained of? A man's property is to serve for the purposes of his support; and therefore to delay a determination concerning that, is the worst injustice, because it cuts off the very end and purpose for which I applied to the judicature for relief. Quite contrary in the case of a man's life; there the determination can hardly be too much protracted. Mistakes in this case are as often fallen into as many other, and if the judgment is sudden, the mistakes are the most irretrievable of all others. Of this the gentlemen of the robe are themselves sensible, and they have brought it into a maxim. De morte hominis nulla est cunctatio longa. But what could have induced them to reverse the rules, and to contradict that reason which dictated them, I am utterly unable to guess. A point concerning property, which ought, for the reasons I just mentioned, to be most speedily decided, frequently exercises the wit of successions of lawyers, for many generations. Multa virûm volvens durando sæcula vincit. But the question concerning a man's life, that great question in which no delay ought to be counted tedious, is commonly determined in twenty-four hours at the utmost. It is not to be wondered at, that injustice and absurdity should be inseparable companions.

Ask of politicians the end for which laws were originally designed; and they will answer, that the laws were designed as a protection for the poor and weak, against the oppression of the rich and powerful. But surely no pretence can be so ridiculous; a man might as well tell me he has taken off my load, because he has changed the burden. If the poor man is not able to support his suit, according to the vexatious and expensive manner established in civilized countries, has not the rich as great an advantage over him as the strong has over the weak in a state of nature? But we will not place the state of nature, which is the reign of God, in competition with political society, which is the absurd usurpation of man. state of nature, it is true, that a man of superiour force may beat or rob me; but then it is true, that I am at full liberty to defend myself, or make reprisal by surprise, or by cunning, or by any other way in which I may be superior to him. But in political society, a rich man

In a

may rob me in another way. I cannot defend myself; for money is the only weapon with which we are allowed to fight. And if I attempt to avenge myself, the whole force of that society is ready to complete my ruin.

A good parson once said, that where mystery begins, religion ends. Cannot I say, as truly at least of human laws, that where mystery begins, justice ends? It is hard to say, whether the doctors of law or divinity have made the greater advances in the lucrative business of mystery. The lawyers, as well as the theologians, have erected another reason besides natural reason; and the result has been, another justice besides natural justice. They have so bewildered the world and themselves in unmeaning forms and ceremonies, and so perplexed the plainest matters with metaphysical jargon, that it carries the highest danger to a man out of that profession, to make the least step without their advice and assistance. Thus by confining to themselves the knowledge of the foundation of all men's lives and properties, they have reduced all mankind into the most abject and servile dependence. We are tenants at the will of these gentlemen for every thing; and a metaphysical quibble is to decide whether the greatest villain breathing shall meet his deserts, or escape with impunity, or whether the best man in the society shall not be reduced to the lowest and most despicable condition it affords. In a word, my Lord, the injustice, delay, puerility, false refinement, and affected mystery of the law are such, that many who live under it come to admire and envy the expedition, simplicity, and equality of arbitrary judgments. I need insist the less on this article to your Lordship, as you have frequently lamented the miseries derived to us from artificial law, and your candour is the more to be admired and applauded in this, as your Lordship's noble house has derived its wealth and its honour from that profession.

Before we finish our examination of artificial society, I shall lead your Lordship into a closer consideration of the relations which it gives birth to, and the benefits, if such they are, which result from these relations. The most obvious division of society is into rich and poor; and it is no less obvious, that the number of the former bear a great disproportion to those of the latter. The whole business of the poor is to administer to the idleness, folly, and luxury of the rich; and that of the rich, in return, is to find the best methods of confirming the slavery and increasing the burdens of the poor. In a state of nature, it is an invariable law, that a man's acquisitions are in proportion to his

labours. In a state of artificial society, it is a law as constant and as invariable, that those who labour most, enjoy the fewest things; and that those who labour not at all, have the greatest number of enjoyments. A constitution of things this, strange and ridiculous beyond expression. We scarce believe a thing when we are told it, which we actually see before our eyes every day without being in the least surprised. I suppose that there are in Great Britain upwards of an hundred thousand people employed in lead, tin, iron, copper, and coal mines; these unhappy wretches scarce ever see the light of the sun; they are buried in the bowels of the earth; there they work at a severe and dismal task, without the least prospect of being delivered from it; they subsist upon the coarsest and worst sort of fare; they have their health miserably impaired, and their lives cut short, by being perpetually confined in the close vapour of these malignant minerals. An hundred thousand more at least are tortured without remission by the suffocating smoke, intense fires, and constant drudgery necessary in refining and managing the products of those mines. If any man informed us that two hundred thousand innocent persons were condemned to so intolerable slavery, how should we pity the unhappy sufferers, and how great would be our just indignation against those who inflicted so cruel and ignominious a punishment! This is an instance, I could not wish a stronger, of the numberless things which we pass by in their common dress, yet which shock us when they are nakedly represented. But this number, considerable as it is, and the slavery, with all its baseness and horrour, which we have at home, is nothing to what the rest of the world affords of the same nature. Millions daily bathed in the poisonous damps and destructive effluvia of lead, silver, copper, and arsenic. To say nothing of those other employments, those stations of wretchedness and contempt, in which civil society has placed the numerous enfans perdus of her army. Would any rational man submit to one of the most tolerable of these drudgeries, for all the artificial enjoyments which policy has made to result from them? By no means. And yet need I suggest to your Lordship, that those who find the means, and those who arrive at the end, are not at all the same persons. On considering the strange and unaccountable fancies and contrivances of artificial reason, I have somewhere called this earth the Bedlam of our system. Looking now upon the effects of some of those fancies, may we not with equal reason call it likewise the Newgate and the Bridewell of the universe?

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