AN ANSWER TO A PAMPHLET ENTITULED,
An Argument to prove the
AFFECTIONS
of the People of
ENGLAND
to be the best Security of the
GOVERNMENT.
BY The Author of the FREE-HOLDER.
According to the COPY Printed at
London
by
S. Gray,
in
Amen-Corner, Anne Dom.
1716. [Price 3
d.
]
This Pamphlet, and the ARGUMENT to prove the AFFECTIONS of the People of ENGLAND the best Security of the GOVERNMENT, are Sold at the Printing-House opposite to the Trone-Church, Price of each 3 d.
THE FREE-HOLDER.
Omnes Homines, P. C. qui de rebus dubiis consultant, ab odio, Amicitia, ira, atque Misericordia vacuos esse decet.
Caesar ap. Sallust.
I Have purposely avoided during the whole Course of this Paper, to speak any Thing concerning the Treatment which is due to such Persons as have been concerned in the late Rebellion, because I would not seem to irritate Justice against those who are under the Prosecution of the Law, nor incense any of my Readers against unhappy, tho' guilty Men. But when we find the Proceedings of our Government in this particular traduced and misrepresented, it is the Duty of every good Subject to set them in their proper Light.
I am the more prompted to this Undertaking by a Pamphlet, intituled,
An Argument to prove the Affections of the People of
England
to to be the best Security of the Government; humbly offer'd to the Consideration of the Patrons of Severity, and applied to the present Juncture of Affairs.
Had the whole Scope of the Author been answerable to his Title, he would have only undertaken to prove what every Man in his Wits is already convinced of. But the Drift of the Pamphlet is, to stir up our Compassion towards the Rebels, and our Indignation against the Government. The Author who knew that such a Design as this could not be carried on without a great deal of Artifice and Sophistry, has puzzled and perplexed his Cause, by throwing his Thoughts together in such a studied Confusion; that upon this Account, if upon any his Pamphlet is, as the Party have represented it, unanswerable.
The famous Monsieur
Bayle
compares th
answering of an immethodical Author, to the Hunting of a Duck: when you have him full in your Sight, and fancy your self within reach of him, he gives you the slip and becomes invisible. His Argument is lost in such a variety of Marter, that you must catch it where you can as it rises, and disappears in the several Parts of his Discourse.
The Writer of this Pamphlet could doubtless have ranged his Thoughts in much better Order, if he had pleased: But he knew very well, that Error is not to be advanced by Perspicuity. In order therefore to Answer this Pamphlet, I must reduce the Substance of it under proper Heads: And disembroil the Thoughts of the Author, since he did not think fit to do it himself.
In the first place, I shall observe, That the Terms which the Author makes use of, are loose, general, and undefined, as will be shewn in the Sequel of this Paper; and, what less becomes a fair Reasoner, he puts wrong and invidious Names on every Thing to colour a false Way of arguing.
He allows that
the Rebels indisputably merit to be severely chastised;
that they
deserve it according to Law;
and that
if they are punished, they have none to thank but themselves
(Pag. 7.) How can a Man after such a Concession make sometimes use of the Word
Cruelty,
but generally of
Revenge,
when he pleads against the ex
se of that, which, according to his own Notion, is at the most but rigid Justice! Or why are such Executions, which, according to his own Opinion are Legal, so often to be called
Violences
and
Slaughter?
Not to mention the Appellations given to those who do not agree with him in his Opinion for Clemency, as the
Blood-thirsty,
the
Political Butchers, State Chirurgeons,
and the like.
But I shall now speak of that Point which is the great and reigning Fallacy of the Pamphlet and runs more or less through every Paragraph. His whole Argument turns upon this single Consideration;
Whether the King should exert Mercy or Justice towards those who have openly appeared in the present Rebellion?
By
Mercy
he means a
general Pardon;
by
Justice
a
general Punishment;
so that he supposes no other Method practicable in the Juncture, than either the forgiving All, or the executing All. Thus he puts the Question,
Whether it be the Interest of the Prince to destroy the Rebels by Fire, Sword, or Gibbet
(pag. 4.) And speaking of the
Zealots for the Government,
he tells us,
They think no Remedy so good as to make clear Work; and that they declare for the utter Extirpation of all who are its Enemies in the most minute Circumstances: As if Amputation were the sole Remedy these political Butchers could find out for the Distempers of a State; or that they thought the only way to make the Top flourish, were to lop off the Under-Branches.
(p. 5.) He then speakes of the
Coffee-house Politicians, and the Casuists in Red-Coats; Who,
he tells us,
are for the utmost Rigour that their Laws of War or Laws of Conveniencie can inspire them with.
(p. 5.) Again,
It is represented,
says he,
that the Rebels deserve the highest Punishment the Laws can inflict.
(p. 7.) And afterwards tells us,
The Question is, Whether the Government shall shew Mercy, or take a Reverend Divine's Advice, to slay Man and Woman, Infant and Suckling?
(p. 8.) Thus again he tells us,
The Friends to severe Counsels alledge, that the Government ought not to be moved by Compassion;
and that
the Law should have its Course.
(p. 9.) And in another Place puts these Words in their Mouths,
He may still retain their Affection, and yet let the Laws have their Course in punishing the Guilty.
(p. 18.) He goes upon the same Supposition in the following Passages:
It is impracticable in so general a Corruption to destroy
All
who are infected; and unless you destroy
All
you do nothing to the purpose.
(p. 10.)
Shall our rightful King shew himself less the true Father of his People, and afford his Pardon to
None
of those People, who (like King
Lear
to his Daughter) had so great a Confidence in his Vertue as to give him All.
(p. 25.) I shall only add, that the concluding Paragraph which is worked up with so much artificial Horrour, goes upon a Supposition answerable to the whole Tenor of the Pamphlet; and implies, that
the Impeach'd Lords
were to be Executeed without Exception or Discrimination.
Thus we see what is the Author's Idea of that Justice against which all his Arguments are levell'd. If, in the next place, we consider the Nature of that Clemency which he recommends, we find it to be no less universal and unrestrain'd.
He declares for a
General Act of Indemnity,
(p. 20.) and tells us,
It is the Sense of every dispassionate Man of the Kingdom, that the Rebels may, and ought to be Pardoned,
(p. 19.)
One popular Act,
says he,
would even yet retrieve all,
(p. 22.) He declares himself not
over-fond of the Doctrines of making Examples of Traitors,
(ibid.) And that
the Way to prevent Things from being brought to an Extremity, is to deal mildly with those unfortunate Gentlemen engaged in the Rebellion.
The Reader may now see in how fallacious a Manner this Writer has stated the Controversy: He supposes there are but two Methods of treating the Rebels; that is, by cutting off every one of them to a Man, or pardoning every one of them without Distinction. Now if there be a third Method between these two extreams, which is on all Accounts more eligible than either of them, it is certain that the whole Course of his Argumentation comes to nothing. Every Man of the plainest Understanding will easily conclude, that in the Case before us, as in most others, we ought to av
id both Extreams; that to destroy every Rebel would be an excessive Severity, and to forgive every one of them an unreasonable Weakness. The proper Method of Proceeding, is that which the Author has purposely
Because,
says he,
The very Means, or the Apprehensions of them, have brought Things to the Pass in which they are, and consequently will reduce them from Bad to Worse,
(P. 10.) And afterwards,
This Growth of Disaffection is in a great Measure owing to the groundless Jealousies Men entertained of the present Administration; as if they were to expect nothing but Cruelty under it.
If our Author would have spoken out, and have applyed these Effects to the real Cause, he would have ascribed this Change of Affections among the People, to nothing else but the Change of the Ministry; for we find that a great many Persons lost their Loyalty with their Places; and that their Friends have ever since made Use of the most base Methods to infuse those groundless Discontents into the Minds of the common People, which have brought so many of them to the Brink of Destruction, and proved so detrimental to their fellow Subjects.
However, this Proceeding has shewen how dangerous it would have been for his Majesty to have continued in their Places of Trust, a Set of Men, some of whom have since actually joined with the
Pretender
to his Crown, while others may be justly suspected never to have been faithful to him in their Hearts, or at least, whose Principles are precarious, and visibly conducted by their Interest. In a word, if the removal of these Persons from their Posts has produced such popular Commotions the continuance of them might have produced something much more fatal to their King and Country, and have brought about that Revolution which has now been in vain attempted. The Condition of a
British
King would be very poor indeed, should a Party of his Subjects threaten him with a Rebellion upon his bringing Malefactors to Justice, or upon his refusing to employ those whom he dare not trust.
I shall only mention another Argument against the Punishment of any of the Rebels, whose Executions he represents as very shocking to the People, because they are their Country-men. (p. 12.) And again,
"The Quality of the Sufferers, their Alliance, their Character, their being
Englishmen,
with a thousand other Circumstances will contribute to breed more ill Blood than all the State Chirurgeons can possibly let out." (p. 12.)
The impeached Lords likewise in the last Paragraph of the Pamphlet are recommended to our Pity, because they are our Country-men. By this way of reasoning, no Man that is a Gentleman, or born within the three Seas, should be Subject to capital Punishment. Besides, who can be guilty of Rebellion that are not our Country-men? As for the endearing Name of
Englishmen,
which he bestows upon every one of the Criminals, he should consider that a Man deservedly cuts himself off from the Affections as well as the Priviledges of that Community which he endeavours to subvert.
These are the several Arguments which appear in different Forms and Expressions thro' this whole Pamphlet, and under which every one that is urged in it may be reduced: There is indeed another Set of them, derived from the Example and Authority of great Persons, which the Author produces in favours of his own Scheme. These are
William
the Conqueror,
Henry
the 4th. of
France
our late King
William,
King
Solomon
and the
Pretender.
If a Man were disposed to draw Arguments for Severity out of History, how many Instances might one find of it among the greatest Princes of every Nation; but as different Princes may act very laudably by different Methods in different Conjunctures, I cannot think this a conclusive way of reasoning. However, let us examine this Set of Arguments and we shall find them no less defective than those above-mentioned.
"One of the greatest of our
English
Monarchs,
says our Author was
William
the Conqueror,
and he was the greater, because he put to Death only one Person of Quality that we read of, and him after repeated Treacheries; yet he was a Foreigner, had Power sufficient, and did not want Provocations to have been more bloody." (p. 27.)
Person of Quality was the Farl of
Waltheof,
who being overtaken with Wine, engaged in a Conspiracy against this King, but repenting of it the next Morning, came to him in Person and revealed the whole Matter, notwithstanding of which, he was Beheaded upon the Defeat of the Conspiracy; for having, but thus far tampered in it, and as for the rest of the Conspirators, who rose in an actual Rebellion, the King used them with the utmost Rigor, he cut off the Heads of some, put out the Eyes of others, some were hanged upon Gibbets, and those who faired the best were sent into Banishment. There are indeed the most dreadful Examples of Severity in this Reign: Tho' it must be confest, that, after the manner of these Times, the Nobility generally escaped with their Lives, tho' Multudes of them were punished with Banishment, perpetual Imprisonment, Forfeitures, and other great Severities; while the poor People who had been deluded by these their Ring-Leaders, were executed with the utmost Rigour. A Partiality, which I believe, no Commoner of
England
will ever think it to be either just or reasonable.
The next Instance is
Henry
the 4th. of
France,
"Who
(says our Author)
so handsomely exprest his Tenderness for his People, when at signing the Treaty of
Vervines, he said,
That by one Dash of his Pen he had overcome more Enemies than he could ever be able to do with his Sword."
Would not an ordinary Reader think this Treaty of
Vervins
was a Treaty between
Henry
the 4th. and a Party of his Subjects, for otherwise, how can it have a Place in the present Argument. But instead of that, it was a Treaty between
France
and
Spain.
So that the Speech expressed an equal Tenderness to the
Spaniards
and
French:
As Multitudes of either Nation must have fallen in that War, had it continued longer. As for this King's Treatment of the Conspirators (tho' he is quoted thrice in the Pamphlet as an Example of Clemency) you have an eminent Instance of it in his Behaviour to the Marshall
de Biron,
who had been his old faithful Servant, and had contributed more than any one to his Advancement to the Throne. This Marshall upon some Discontent was entred into a Conspiracy against his Master, and refusing to open the whole Secret to the King, he was sent to the
Bastile,
and there Beheaded, notwithstanding he sought for Mercy with great Importunities, and in the most moving Manner: There are other Instances in this King's Reign, who notwithstanding, was remarkable for his Clemency, of Rebels and Conspirators who were hanged, beheaded, or broken alive on the Wheel.
The late King
William
was not disturbed by any Rebellion from those who had once submitted to him; But we know he treated the Persons concerned in the
Assasination-Plot,
as so horrid a Conspiracy deserved. As for the Saying which this Author imputes to that Monarch, it being a Piece of secret History, One doth not know when it was spoken, or what it alluded to, unless the Author had been more particular in the Account of it.
The Author proceeds in the next Place, to no less an Authority than that of
Solomon:
"Amongst all the general Observations of the wisest Princes we know of, I think there is none holds more universally, that Mercy and Truth preserve a King, and his Throne is established in Mercy," (P. 18.)
If we compare the different Sayings of this wise King, which relate to the Conduct of Princes, we cannot question, but that he means by this Mercy, that Kind of it which is consistent with Reason and Government, and by which we hope to see his Majesty's Throne established. But our Author should consider, that the same wise Man hath said in another Place,
That an evil Man seeketh Rebellion, therefore a cruel Messenger shall be sent against him.
Accordingly his Practice was agreeable to his Proverb, no Prince having given a greater Testimony of his Abhorrence to Undertakings of this treasonable Nature. For he dispatched such a cruel Messenger as is here mentioned, to those who had been engaged in a Rebellion, many Years before he himself was on the Throne, and even to his elder Brother, upon the bare Suspicion, That he was projecting so wicked an Enterprize.
How the Example of the
Pretender
came into this Argument, I am at a Loss to find out,
"The
Pretender
declared a general Pardon to all, and, shall our rightful King shew himfelf less the true Father of his People, and afford his Pardon to none,"
&c.
(P. 25.)
The
Pretender
's general Pardon was to a People who were not in his Power; and had he ever reduced them under it, it was only promised to such as immediately joined with him for the Recovery of what he called his Right. It was such a general Pardon as would have been consistent with the Execution of more than nine Parts of ten of the Kingdom.
There is but one more historical Argument, which is drawn from King
Philip
's Treatment of the
Catalans:
"I think it would not be unseasonable for some Men to recollect what their own Notions were of the Treatment of the
Catalans,
how many Declamations were made on the Barbarity used towards them by King
Philip,
" (P. 29.)
If the Author remembers, these Declamations, as he calls them, were not made so much on the Barbarity used towards them by King
Philip,
as on the Barbarity used towards them by the
English Government.
King
Philip
might have some Colour for treating them as Rebels, but we ought to have regarded them as Allies; and were obliged by all the Ties of Honour, Conscience, and publick Faith, to have sheltered them from those Sufferings which were brought upon them by a firm and inviolable Adherence to our Interests. However, none can draw into a Parallel the Cruelties which have been inflicted on that unhappy People, with those few Instances of Severity which our Government has been obliged to exert towards the
British
Rebels. I say, no Man would make such a Parallel, unless his Mind be so blinded with Passion and Prejudice, as to assert in the Language of this Pamphlet,
That no Instances can be produced of the least Lenity under the present Administration, from the first Hour it commenced to this Day,
(P. 20.) with other astonishing Reflections of the same Nature, which are contradicted by such innumerable Matters of Fact, that it would be an Affront to a Readers Understanding to endeavour to confute them. But to return to the
Catalans,
during
the whole course of the War,
says the Author,
which ever of them submitted to Discretion, were received to Mercy.
(p. 22.) This is so far from being truly related, that in the beginning of the War they were executed without Mercy, but when in Conjunction with their Allies, they became Superior to King
Philips
Party in Strength, and extended their Conquests up to the very Gates of
Madrid:
It cannot
be supposed the
Spanish
Court would be so infatuated as to persist in their first Severities against an Enemy that could make such terrible Reprizals; However, when this Reason of State ceased, how dreadful was the Havock made among this brave, but unhappy People, the whole Kingdom without any Distinction, to the ruin of many thousands of its innocent Inhabitants, was stript of its Immunities, and reduced to a State of Slavery,
Barcelona
was filled with Executions, and all the Patriots of their Ancient Liberties, either Beheaded, stowed in Dungeons, or condemned to work in the Mines of
America.
God be thanked, we have a King who punishes with Reluctancy, and is averse to such Cruelties, as were used among the
Catalans,
as much as to those practised on the Persons concerned in
Monmouth
's Rebellion, our Author indeed condemns these
Western
Assizers in King
James
's
Reign
(p. 26.) And it would be well if all those who still adhere to the Cause of that unfortunate King, and are clamorous at the Proceedings of his present Majesty, would remember, that notwithstanding, that Rebellion fell very much short of this, both in the Number and Strength of the Rebels, and had no Tendency either to destroy the National Religion, to introduce an Arbitrary Government, or to subject us to a Foreign Power: Not only the Chief of the Rebels was bebeheaded, but even a Lady, who had only harboured one of the Offenders in her House, was in her extream old Age put to the same Kind of Death: That about Two Hundred and Thirty were hanged, drawen, and quartered, and their Limbs dispersed thro' several Parts of the Country, and set up as Spectacles of Terror to their fellow Subjects. It would be too tedious a Work to run thro' the numberless Fines, Imprisonments, Corporal Punishments and Transportations, which were then likewise practised as wholesome Severities.
We have now seen how fallaciously the Author has stated the Cause he has undertaken, by supposing that nothing but unlimited Mercy, or unlimited Punishment, are the Methods that can be made use of in our present Treatment of the Rebels; That he has omitted the middle Way of Proceeding between these two Extreams: That this Middle-Way is the Method in which his Majesty, like all other Wise and Good Kings, has chosen to proceed, that it is agreeable to the Nature of Government, Religion, and onr
British
Constitution: And that every Argument which the Author has produced from Reason and Example, would have been a true one, had it been urged from that restrained Clemency which his Majesty has exercised; But it is a false one, when applyed to such a general undistinguishing Mercy, as the Author would recommend.
Having thus answered, that, which is the main Drift and Design of this Pamphlet, I shall touch upon those other Parts of it, which are interwoven with the Arguments, to put Men out of Humour with the present Government.
And here we may observe, that it is our Authors Method, to suppose Matters of Fact, which are not in Being, and afterwards to discant upon them, as he is very sensible, that the Cause will not bear the Teft of Reason, he has indeed every where chosen rather Topicks for Declamation than Argument, thus he intertains us with a laboured Invective against a standing Army; But what has this to do in the present Case; I suppose he would not advise his Majesty to disband his Forces, while there is an Army of Rebels in his Dominions: I cannot imagine he would think the Affections of the People of
England
a Security of the Government in such a Juncture, were it not at the same Time defended with a sufficient Body of Troops. No Prince has ever given a greater Instance of his Inclinations to rule without a standing Army, if we consider, that upon the very first News of the Defeat of the Rebels, he declared to both Houses of Parliament, that he had put an immediare Stop to the Levies, which he had begun to raise at their Request, and that he would not make use of the Power which they had entrusted him with, unless any new Preparations of the Enemy should make it necessary for our Defence; This Speech was received with the greatest Gratitude by both Houses, and it is said, that in the House of Commons, a very candide and honourable Gentleman (who generally votes with the Minority) declared that he had not heard so gracious a Speech from the Throne, for many Years last past.
In another Place, he supposes that the Government has not
eavoured to gain the Applause of the Vulgar, by doing something for the Church; And very gravely makes Excuses for this their pretended Neglect. What greater Instances could his Majesty have given of his Love to the Church of
England,
than these he has exhibited by his most solemn Declarations; by his dayly Example, and by his Promotions of the most eminent amongst the Clergy, to such Vacancies as have happened in his Reign: To which we must add for the Honour of his Government in this Particular, that, it has done more for the Advantage of the Clergy, than those who are the most zealous for their Interest, could have expected in so short a Time: Which will further appear, if we reflect upon the Valuable and Royal Donative to one of our Universities, and the Provision made for those who are to officiate in the Fifty new Churches. His Majesty is indeed a Prince of too much Magnanimity and Truth, to make use of the Name of the Church, for drawing his People into any Thing that may be prejudicial unto them: For what our Author says to this Purpose, redounds as much to the Honour of the present Administration, as to the Disgrace of others:
Nay, I wish with all my Soul they had stooped a little
ad captum vulgi
to take in these fluttering Hearts, which are to be caught by any Thing called with the Name of Church.
P. II. Again the Authorasks,
Whether Terror is to become
the only National Principle;
with other Questions of the same Nature: And in several Parts of his Book harangues very plentifully against such a Notion, where he talks in Generals upon this Topick: There is no Question, but every
Whig
and
Tory
in the Kingdom, perfectly agrees with him in what he says, but if he would insinuate, as he seems to do in several Places, that there should be no Impressions of Awe upon the Mind of a Subject, and that a Government should not create Terror in those who are disposed to do Ill, as well as encourage those that do their Duty: In short, if he is for an entire Exclusion of that Principle of Fear, which is supposed to have some Influence in every Law, he opposes himself to the Form of every Governm
the World, and to the common Sense of Mankind.
The Artifice of this Author in starting Objections, to the Friends of the Government, and the foolish Answers which he supposes they return to them, is so very visible, that every one sees they are design'd rather to divert his Reader, than to instruct him.
I have now examined this whole Pamphlet, which indeed is written with a great deal of Art, and as much Argument as the Cause would bear; And after having stated the true Notion of
Clemency, Mercy, Compassion, Good-Nature, Humanity,
or whatever else it may be called, so far as it is consistent with Wisdom, and the Good of Manking, or in other Words, so far as it is a Moral Virtue, I shall readily concur with the Author in the highest Panegyrick that he has bestowed upon it; As likeways, I heartily join with him in every Thing, he has said against Justice, if it concludes as his Pamphlet supposes, the Extirpation of every Criminal, and is not exercised with a much greater Mixture of
Clemency
than
Rigour. Mercy
in the true Sense of the Word, is that Virtue, by which a Prince approaches nearest to him, whom he represents; And whilst he is neither remiss, nor extream to animadvert upon those who offend him, that Logick will hold true of him, which is applyed to the great Judge of all the Earth:
With thee there is Mercy, therefore shalt thou be feared.
FINIS.