want of Kindness and which is worse an Invasion of Right a Promise hath no perswading force and till the Objection to such a Proceeding is forgotten which can only be the work of time and the Skin is a little grown over the tender part the Wound must not be touch'd There must be some Intermission at least to abate the smart of unkind usage or else a Promise in the Eye of the party injur'd is so far from strengthening a Security that it raiseth more doubts and giveth more justifiable cause suspect it A Word is not like a Bone that being broken and well set again is said to be sometimes stronger in that very part It is far from being so in a Word given and not made good Every single Act either weakeneth or improveth our Credit with other Men and as an habit of being just to our Word will confirm so an habit of too freely dispensing with it must necessarily destroy it A Promise hath its effect to perswade a Man to lay some weight upon it where the Promiser hath not only the power but may reasonably be supposed to have the will of performing it and further that there be no visible interest of the party promising to excuse himself from it or to evade it All Obligations are comparative and where they seem to be opposite or between the greater and the lesser which of them ought to have precedence in all respects every man is apt to be his own Judge XXV If it should fall out that the Promiser with full intent at the time to perform might by the interposition of new Arguments or differing Advice think himself oblig'd to turn the matter of Conscience on the other side and should look upon it to be much a greater fault to keep his word than to break it such a Belief will untye the strictest Promise that can be made and though the Party thus absolving himself should do it without the mixture or temptation of private interest being moved to it meerly by his Conscience as then informed yet how far soever that might diminish the Fault in him it would in no degree lessen the inconveniences to the party who is disappointed by the breach of an engagement upon which he relyed XXVI A Promise is to be understood in the plain and natural sense of the words and to be sure not in his who made it if it was given as part of a Bargain That would be like giving a Man power to raise the value of his Money in the payment of his Debt by which tho he paid but half or less be might pretend according to the letter to have made good the Contract The power of interpreting a Promise intirely taketh away the virtue of it A Merchant who should once assume that privilege would save himself the trouble of making any more Bargains It is still worse if this Jurisdiction over a Man's Promise should be lodg'd in hands that have Power to support such an extraordinary Claim and if in other Cases forbearing to deal upon those terms is advisable in this it becometh absolutely necessary XXVII There must in all respects be a full liberty to claim a Promise to make it reasonable to take it in any part of payment else it would be like agreeing for a Rent and at the same time making if criminal to demand it A superiority of Dignity or Power in the party promising maketh it a more tender thing for the other party to treat upon that security The first maketh it a nice thing to claim the latter maketh it a difficult thing to obtain In some cases a Promise is in the nature of a Covenant and then between equal parties the breach of it will bear a Suit but where the greatness of the Promiser is very much raised above the level of equality there is no Forfeiture to be taken It is so far from the party grieved his being able to sue or recover Damages that he will not be allowed to explain or expostulate and instead of his being relieved against the breach of Promise he will run the hazard of being punished for breach of Good Manners Such a Difficulty is putting all or part of the Payment in the Fire where Men must burn their Fingers before they can come at it That cannot properly be called good payment which the party to whom it is due may not receive with ease and safety It was a Kings Brother of England who refused to lend the Pope money for this reason That he would never take the Bond of one upon whom he could not distrain The Argument is still stronger against the Validity of a Promise when the Contract is made between a Prince and a Subject The very offering a Kings Word in Mortgage is rather a threatning in case of refusal than an inducing Argument to accept it it is unfair at first and by that giveth greater cause to be cautious especially if a thing of that value and dignity as a Kings Word ought to be should be put into the hands of State Brokers to strike up a Bargain with it XXVIII When God Almighty maketh Covenants with Mankind His Promise is a sufficient Security notwithstanding his Superiority and his Power because first he can neither erre nor do injustice It is the only Exception to his Omnipotence that by the Perfection of his being he is incapacitated to do wrong Secondly at the instant of his Promise by the extent of his Foresight which cannot fail there is no room left for the possibility of any thing to intervene which might change his mind Lastly he is above the receiving either Benefit or Inconvenience and therefore can have no Interest or Temptation to vary from his Word when once he hath granted it Now though Princes are God's Vicegerents yet their Commission not being so large as that these Qualifications are devolved to them it is quite another case and since the offering a Security implyeth it to be examined by the party to whom it is proposed it must not be taken ill that Objections are made to it even though the Prince himself should be the immediate Proposer Let a familiar Case be put Suppose a â—rince tempted by a Passion too strong â—or him to resist should descend so as to â—romise Marriage to one of his Subjects â—nd as Men are naturally in great haste â—pon such occasions should press to take possession before the necessary Forms could â—e complyed with would the poor Ladies Scruples be called criminal for not taking 〈◊〉 Security of the Royal Word Or â—ould her Allegiance be tainted by her reâ—â—â—â—ing the sacred Person of her Sovereign because he was impatient of delay Courteâ—â—â— in this case might perswade her to accept it if she was so disposed but sure the 〈◊〉 exercise of Power can never claim it XXIX There is one Case where it is more particularly a Duty to use very great â—â—â—tion in accepting the security of a Proâ—â—â— and that is when Men
Miscellanies BY The Right Noble LORD The Late Lord Marquess OF HALIFAX VIZ. I. Advice to a DAUGHTER II. The Character of a TRIMMER III. The Anatomy of an EQUIVALENT IV. A Letter to a DISSENTER V. Cautions for Choice of PARLIAMENT MEN. VI. A Rough Draught of a NEW MODEL at SEA VII Maxims of STATE c. LONDON Printed for Matt. Gillyflower at the Spread-Eagle in Westminster-Hall 1700. Sacellum Appollinare A Funeral POEM TO THE MEMORY OF THAT Great Patriot and Statesman GEORGE LATE Marquiss of HALLIFAX AS HEAVEN it Self's on Empire's Axis roll'd For God-Head's but Dominion Uncontrould So the Crown'd Head the Sublunary JOVE Does in his Loyal Orb of Glory move With all his Bolts of Fate in his High-Post Of Sovereign Pow'r the Weilded Thunder boast But in the highest tow'ring Flight of KINGS 'T is the Great Statesman plumes their Eagles Wings They move the Great MACHINE He Sets the Springs And thus whilst Pregnant EMPIRE's Labouring Head With some vast Off-spring Teems the Statesman's Aid To bring the Fair Divine Minerva forth Is call'd the Great Lucina to the Birth Wisdom and Counsel 'T is their Min'string Ray Those Bright CROWN Genij Cheer th' Imperial Sway The Harmony of WORLDS is only Theirs Empire but Guides 't is They that Tune the Sphere Counsel in Church or State the Warmth by Whom Aaron's and Moses's Budding Wands both Bloom Thus MONARCHY what tho' She Reigns Alone 'T is by her Argus-Eyes She Guards her Throne Her Lights an Hundred tho' her Hand 's but One. Of those Rich Lights Great HALLIFAX shin'd there In Pow'rs whole Constellation None more Fair In Calms or Storms in every varying Gale The Furl'd the Hoysted or the Slacken'd Sail The Helm to Manage or the Mates to Cheer No Pilot-Hand cou'd ever Worthier Steer TRUST the Magnetick Load-Star of his Soul And FAITH and ZEAL his Needles to the Pole The Studied World was his Long Theam and All The Politick Movements of the Mighty Ball Yes the Old World He had Fathom'd o're and o're Nay had there been yet Vnknown Globe's t' explore To give that Head that Reach those Depths their Due He had stood a Fair Columbus for the New In SENATES There with all his Brightest Beams Not Michael to th' Embattl'd Seraphims A Mightier Leading CHIEF Oraculous Sense Victorious Right Amazing Eloquence All from that clearest Organ sweetly Sung From that bold ENGLISH CICERO's Silver Tongue Well might Great TRUTH and Genuine Justice flow For he Lookt Vpward when he Talkt Below Up to ASTRAEA Heav'ns translated Pride Her Righteous Ballance his Great Standard Guide In Redress'd Wrongs and Succour'd Rights APPEAL No Hand in the Judiciary Scale More Weigh'd and Pois'd than HALLIFAX alone Ev'n Half the Great Tribunal was his Own But in that more Exalted patriot-Patriot-Cause The Moulding of those Stamps Imperial Laws Then when the whole Divinity of Pow'r In her Collective Strength that Lab'ring Hour In her All-wise Consulting Providence Sits some New Fair Creations to Commence In that High Work for the Great FIAT Fixt No Hand like His the Sovereign ELEMENTS mixt This Fam'd GAMALIEL in the Great State-Schools Thus by unerring PRUDENCE Sacred Rules No wonder on that Card'nal Hinge He mov'd In Pow'r-Craft Skill'd that Bold Arts-Master prov'd The Great Performing Part He had Study'd thro' And no less Learnt the Greater Duty too The Publick Spirit and the Active Soul More Lively Warmth than e're Prometheus stole Those Champions both of Earth and Heav'n's Just Right Bound by their Great Indenture Tripatite Their equally divided FAITH must bring Betwixt their GOD their Country and their King In Pow'r and Trust thro' his whole Life's long Scene Never did Honour wear a Hand more Clean He from the Israel Prophet's Copy drew The Suppliant Naaman for his Grace might sue Distress 't is true his Succour ne'r cou'd lack But then her Laded Chariots must go Back No Syrian Bribe was on his Shoulders worn That Tainted Robe such TRUTH and VIRTUE scorn Thus like the Eden Pair Why is Truth drawn A Naked Beauty in Transparent Lawn Yes 'till her Innocence for Imp'ious Gold That Tempting False Hesperian Apple Sold 'T is from that Fall Original Blushes came 'T was Then She wanted Fig-Leaves for her Shâ—me A Bribe That most loath'd Thought Ev'n his whole Roof His humblest Menials that Temptation-Proof So Fair their Leading LORD's Example stands Oblige with Frank Full Hearts but Empty Hands His Favours in that Generous Current run As Providence vouchsafes Her Rain and Sun His Favours Cheaper ev'n than Heav'n's conferr'd For though like Heav'n th' Imploring Pray'r He heard Yet no Thanksgiving Offrings Return'd To his Kind GRACE no Gumms nor Incense burn'd Ay and 't was Nobly Brave What can more high Than an Vnmercinary Greatness fly If ought his Obligations must Defray He rather chose that Heav'n than Man should Pay Yes with a Fair Ambition Just Disdain Scorn'd less than JOVE his Golden Show'rs shou'd Rain And well so High that Fair Ambition tow'r'd For HALLIFAX so Scorn'd and JOVE so Show'r'd Whil'st that vast Affluence Warm'd his Fruitful Soyl 'Till his Rich Glebe and Loaded Harvest Pile With that Increase that Milky Canaan flow'd Prosperity thus Reap'd where Virtue Sow'd NATURE and FORTUNE Here both Rivals join'd Which to their darling HALLIFAX more Kind Should heap the Ampler Mass Nature her more Refin'd and Fortune in her Coursâ—r Oar. The World but Smil'd where Heav'n had Smil'd before Great Blessings when by Greater MERIT shar'd Not Providence's Gift but her Reward Are all Heav'n's Fairest Blazon Noblest Pride Th' Eternal DISPENSATION Justifi'd The Righteous Distribution ought no less So Great 't is to Deserve and then Possess Nor in Proud Courts nor States alone that Great Dictator Ev'n in the DESPOTIC Seat In His own narrower Domestic Sway His Houshold Sweat Penates deckt so Gay To VICE like Hannabal to Rome that sworn Eternal Foe and VIRTUE 's Champion born To his own Filial Nursery so Kind A FATHER with those Leading Lights He shin'd HONOVR so Lovely by that Pencil drawn The Early Phosphor to their Morning Dawn So Fam'd his equally Paternal Care T' Instruct the Great and to Adorn the His Advice to a Daughter Fair. Thus BEAUTY's Toilet spread so all Divine Her Cabinet Jems so Furnisht from That MINE The Virgin and the Bridal Coronet Were by Kind HALLIFAX so richly Set VIRTUE and INNOCENCE at that full View As ev'n th' Original Eden Lanschape drew All her whole Hierarchy of Graces not One least Enamell'd Heav'nly Spark forgot Each Star in the whole Feminine Renown From Cassiopaea's CHAIR to Ariadne's CROWN In the Rich Furniture of that Fair MIND Those dazling Intellectual Graces shin'd To draw the Love and Homage of Mankind Nothing cou'd more than his firm FRIENDSHIP Charm Cheerful as Bridal-Songs as South-Suns Warm And Fixt as Northern-Stars When e're He daign'd The Solemn Honour of his Plighted Hand He stood a more than Second Pylades Vnshaken as Immutable DECREES But whilst these
and Liberty of his own Country And what a Sacrifice is this to make to Rome where they are wise enough to wonder there should be such Fools in the World as to venture struggle and contend nay even die Martyrs for that which should it succeed would prove a Judgment instead of a Blessing to them he will conclude that the advantages of throwing some of their Children back again to God Almighty when they have too many of them are not equal to the Inconveniencies they may either feel or fear by continuing their separation from the Religion established Temporal things will have their weight in the World and tho Zeal may prevail for a time and get the better in a Skirmish yet the War ends generally on the side of Flesh and Blood and will do so till Mankind is another thing than it is at present And therefore a wise Papist in cold Blood considering these and many other Circumstances which 't will be worth his pains to see if he can unmuffle himself from the Mask of Infallibility will think it reasonable to set his Imprison'd Senses at Liberty and that he has a right to see with his own Eyes hear with his own Ears and judge by his own Reason the consequence of which might probably be that weighing things in a right Scale and seeing them in their true Colours he would distinguish between the merit of suffering for a good Cause and the foolish ostentation of drawing inconveniences upon himself and therefore will not be unwilling to be convinc'd that our Protestant Creed may make him 〈◊〉 in the other World and the 〈…〉 this A few of such wise Proselytes would by their Example draw so many after them that the Party would insensibly melt away and in a little time without any angry word we should come to an Union that all Good Men would have Reason to rejoyce at but we are not to presume upon these Conversions without preparing Men for them by kind and reconciling Arguments nothing is so against our Nature as to believe those can be in the right who are too hard upon us there is a deformity in every thing that doth us hurt it will look scurvily in our Eye while the smart continues and a Man must have an extraordinary Measure of Grace to think well of a Religion that reduces him and his Family to Misery in this respect our Trimmer would consent to the mitigation of such Laws as were made as it 's said King Henry VIII got Queen Elizabeth in a heat against Rome It may be said that even States as well as private Men are subject to Passion a just indignation of a villainous Attempt produces at the same time such Remedies as perhaps are not without some mixture of Revenge and therefore tho time cannot Repeal a Law it may by a Natural Effect soften the Execution of it there is less danger to Rouse a Lyon when at Rest than to awake Laws that were intended to have their time of Sleeping nay more than that in some Cases their Natural periods of Life dying of themselves without the Solemnity of being revok'd any otherwise than by the common consent of Mankind who do cease to Execute when the Reasons in great Measure fail that first Created and Justify'd the Rigour of such unusual Penalties Our Trimmer is not eager to pick out some places in History against this or any other Party quite contrary is very sollicitous to find out any thing that may be healing and tend to an Agreement but to prescribe the means of this Gentleness so as to make it effectual must come from the only place that can furnish Remedies for this Cure viz. a Parliament in the mean time it is to be wished there may be such a mutual calmness of Mind as that the Protestants might not be so jealous as still to smell the Match that was to blow up the King and both Houses in the Gun-powder Treason or to start at every appearance of Popery as if it were just taking Possession On the other side let not the Papists suffer themselves to be led by any hopes tho never so flattering to a Confidence or Ostentation which must provoke Men to be less kind to them let them use Modesty on their sides and the Protestants Indulgence on theirs and by this means there will be an overlooking of all Venial Faults a tacit connivence at all things that do not carry Scandal with them and would amount to a kind of Natural Dispensation with the severe Laws since there would be no more Accusers to be found when the occasions of Anger and Animosity are once remov'd let the Papists in the mean time remember that there is a respect due from all lesser numbers to greater a deference to be paid by an Opinion that is Exploded to one that is Established such a Thought well digested will have an influence upon their Behaviour and produce such a Temper as must win the most eager Adversaries out of their ill Humour to them and give them a Title to all the Favour that may be consistent with the Publick Peace and Security The Trimmer's Opinion in Relation to things abroad THE World is so compos'd that it is hard if not impossible for a Nation not to be a great deal involv'd in the fate of their Neighbours and tho by the felicity of our Situation we are more Independant than any other People yet we have in all Ages been concern'd for our own sakes in the Revolutions abroad There was a time when England was the over-balancing Power of Christendom and that either by Inheritance or Conquest the better part of France receiv'd Laws from us after that we being reduc'd into our own Limits France and Spain became the Rivals for the Universal Monarchy and our third Power tho in it self less than either of the other hapned to be Superiour to any of them by that choice we had of throwing the Scales on that side to which we gave our Friendship I do not know whether this Figure did not make us as great as our former Conquest to be a perpetual Umpire of two great contending Powers who gave us all their Courtship and offer'd all their Incense at our Altar whilst the Fate of either Prince seemed to depend upon the Oracles we delivered for the King of England to sit on his Throne as in the Supream Court of Justice to which the two great Monarchs appeal pleading their Cause and expecting their Sentence declaring which side was in the right or at least if we pleas'd which side should have the better of it was a piece of Greatness which was peculiar to us and no wonder if we endeavour to preserve it as we did for a considerable time it being our Safety as well as Glory to maintain it but by a Fatality upon our Councils or by the refin'd Policy of this latter Age we have thought fit to use industry to destroy this mighty Power which
Ground which maketh them look down upon Merit and Vertue as things inferiour to them This mistake is not only senseless but criminal too in putting a greater Price upon that which is a piece of good luck than upon things which are valuable in themselves Laughing is not enough for such a Folly it must be severely whipped as it justly deserves It will be confessed there are frequent Temptations given by pert Vpstarts to be angry and by that to have our Judgments corrupted in these Cases But they are to be resisted and the utmost that is to be allowed is when those of a new Edition will forget themselves so as either to brag of their weak side or to endeavour to hide their Meanness by their Insolence to cure them by a little seasonable Raillery a little Sharpness well placed without dwelling too long upon it These and many other kinds of Pride are to be avoided That which is to be recommended to you is an Emulation to raise your self to a Character by which you may be distinguished an Eagerness for precedence in Vertue and all such other things as may gain you a greater share of the good opinion of the World Esteem to Vertue is like a cherishing Air to Plants and Flowers which maketh them blow and prosper and for that reason it may be allowed to be in some degree the Cause as well as the Reward of it That Pride which leadeth to a good End cannot be a Vice since it is the beginning of a Vertue and to be pleased with just Applause is so far from a Fault that it would be an ill Symptom in a Woman who should not place the greatest part of her Satisfaction in it Humility is no doubt a great Vertue but it ceaseth to be so when it is afraid to scorn an ill thing Against Vice and Folly it is becoming your Sex to be haughty but you must not carry the Contempt of things to Arrogance towards Persons and it must be done with fitting Distinctions else it may be Inconvenient by being unseasonable A Pride that raiseth a little Anger to be out-done in any thing that is good will have so good an Effect that it is very hard to allow it to be a Fault It is no easie matter to carry even between these differing kinds so described but remember that it is safer for a Woman to be thought too proud than too familiar DIVERSIONS THE last thing I shall recommend to you is a wise and a safe method of using Diversions To be too eager in the pursuit of Pleasure whilst you are Young is dangerous to catch at it in riper Years is grasping a shadow it will not be held Besides that by being less natural it groweth to be indecent Diversions are the most properly applied to ease and relieve those who are Oppressed by being too much imployed Those that are Idle have no need of them and yet they above all others give themselves up to them To unbend our Thoughts when they are too much stretched by our Cares is not more natural than it is necessary but to turn our whole Life into a Holy day is not only ridiculous but destroyeth Pleasure instead of promoting it The Mind like the Body is tired by being always in one Posture too serious breaketh and too diverting looseneth it It is Variety that giveth the Relish so that Diversions too frequently repeated grow first to be indifferent and at last tedious Whilst they are well chosen and well timed they are never to be blamed but when they are used to an Excess though very Innocent at first they often grow to be Criminal and never fail to be Impertinent Some Ladies are bespoken for Merry Meetings as Bessus was for Duels They are ingaged in a Circle of Idleness where they turn round for the whole Year without the Interruption of a serious Hour They know all the Players Names and are Intimately acquainted with all the Booths in Bartholomew-Fair No Soldier is more Obedient to the sound of his Captain 's Trumpet than they are to that which summoneth them to a Puppet-Play or a Monster The Spring that bringeth out Flies and Fools maketh them Inhabitants in Hide-Park in the Winter they are an Incumbrance to the Play House and the Ballast of the Drawing-Room The Streets all this while are so weary of these daily Faces that Men's Eyes are over-laid with them The Sight is glutted with fine things as the Stomach with sweet ones and when a fair Lady will give too much of her self to the World she groweth luscious and oppresseth instead of pleasing These Jolly Ladies do so continually seek Diversion that in a little time they grow into a Jest yet are unwilling to remember that if they were seldomer seen they would not be so often laughed at Besides they make themselves Cheap than which there cannot be an unkinder word bestowed upon your Sex To play sometimes to entertain Company or to divert your self is not to be disallowed but to do it so often as to be called a Gamester is to be avoided next to the things that are most Criminal It hath Consequences of several kinds not to be endured it will ingage you into a habit of Idleness and ill hours draw you into ill mixed Company make you neglect your Civilities abroad and your Business at home and impose into your Acquaintance such as will do you no Credit To deep Play there will be yet greater Objections It will give Occasion to the World to ask spiteful Questions How you dare venture to lose and what means you have to pay such great summs If you pay exactly it will be enquired from whence the Money cometh If you owe and especially to a Man you must be so very Civil to him for his forbearance that it layeth a ground of having it farther improved if the Gentleman is so disposed who will be thought no unfair Creditor if where the Estate saileth he seizeth upon the Person Besides if a Lady could see her own Face upon an ill Game at a deep Stake she would certainly forswear any thing that could put her looks under such a Disadvantage To Dance sometimes will not be imputed to you as a fault but remember that the end of your Learning it was that you might the better know how to move gracefully It is only an advantage so far When it goeth beyond it one may call it excelling in a Mistake which is no very great Commendation It is better for a Woman never to Dance because she hath no skill in it that to do it too often because she doth it well The easiest as well as the safest Method of doing it is in private Companies amongst particular Friends and then carelesly like a Diversion rather than with Solemnity as if it was a business or had any thing in it to deserve a Month's preparation by serious Conference with a Dancing-Master Much more might be said to all these Heads and many more might
Supreme Power being instituted to promote the safety and benefit and to prevent the prejudice and danger which may fall upon those who live under the protection of it the consequence of such an Oath would be that all Men who are so trusted shall take God to witness that such a Law once made being judged at the time to be advantageous for the publick though afterwards by the vicissitude of times or the variety of accidents or interests it should plainly appear to them to be destructive they will suffer it to have its course and will never repeal it Secondly If there could in any Nation be found a set of Men who having a part in the Supreme legislative Power should as much as in them lieth betray their Country by such a criminal engagement so directly opposite to the nature of their Power and to the Trust reposed in them If these Men have their power only for life when they are dead such an Oath can operate no farther and tho that would be too long a Lease for the life of such a Monster as an Oath so composed yet it must then certainly give up the Ghost It could bind none but the first makers of it another generation would never be tied up by it Thirdly In those Countries where the Supreme Assemblies are not constant standing Courts but called together upon occasions and Composed of such as the People chuse for that time only with a Trust and Character that remaineth no longer with them than till that Assembly is regularly dissolved such an Oath taken by the Members of a Senate Diet or other Assembly to chosen can have very little effect because at the next meeting there may be quite another set of Men who will be under no Obligation of that kind The eternity intended to that Law by those that made it will be cut off by new Men who shall succeed them in their power if they have a differing Taste or another Interest XXI To put it yet farther Suppose a Clause in such a Law that it shall be criminal in the last degree for any Man chosen in a subsequent Assembly to propose the repealing of it and since nothing can be Enacted which is not first proposed by this means it seemeth as if a Law might be Created which should never die But let this be Examined First such a clause would be so destructive to the being of such a Constitution as that it would be as reasonable to say that a King had right to give or sell his Kingdom to a foreign Prince as that any number of Men who are entrusted with the Supreme Power or any part of it should have a right to impose such Shackles upon the Liberty of those who are to succeed them in the same Trust The ground of that Trust is that every Man who is chosen into such an Assembly is to do all that in him lieth for the good of those who chose him The English of such a Clause would be that he is not to do his best for those that chose him because though he should be convinc'd that it might be very fatal to continue that Law and therefore very necessary to repeal it yet he must not repeal it because it is made a Crime and attended with a Penalty But secondly to shew the emptiness as well as injustice of such a Clause it is clear that although such an Invasion of Right should be imposed it will never be obeyed There will only be Deformity in the Monster it will neither sting nor bite Such Law-givers would only have the honour of attempting a contradiction which can never have any success for as such a Law in it self would be a Madness so the Penalty would be a Jest which may be thus made out XXII A Law that carrieth in it self Reason enough to support it is so far from wanting the protection of such a Clause or from needing to take such an extraordinary receipt for long Life that the admitting it must certainly be the likeliest and the shortest way to destroy it such a Clause in a Law must imply an opinion that the greatest part of mankind is against it since it is impossible such an exorbitance should be done for its own sake the end of it must be to force Men by a Penalty to that which they could not be perswaded to whilst their Reason is left at liberty This Position being granted which I think can hardly be denied put the case that a Law should be made with this imaginary Clause of Immortality after which another Assembly is chosen and if the majority of the Electors shall be against this Law the greater part of the Elected must be so too if the choice is fair and regular which must be presumed since the supposition of the contrary is not to come within this Argument When these Men shall meet the Majority will be visible beforehand of those who are against such a Law so that there will be no hazard to any single Man in proposing the Repeal of it when he cannot be punished but by the Majority and he hath such a kind of assurance as cometh near a Demonstration that the greater Number will be of his mind and consequently that for their own sakes they will secure him from any danger For these Reasons where-ever in order to the making a Bargain a Proposition is advanc'd to make a new Law which is to â—ye up those who neither can nor will be bound by it it may be a good Jest but it will never be a good Equivalent XXIII In the last place let it be examined how far a Promise ought to be taken far a Security in a Bargain There is great Variety of Methods for the Security of those that deal according to their Dispositions and Interests some are binding others inducing circumstances and are to be so distinguished First Ready Payment is without exception so of that there can be no dispute in default of that the good Opinion Men may have of one another is a great ingredient to supply the want of immediate Performances Where the Trust is grounded upon Inclination only the Generosity is not always return'd but where it springeth from a long Experience it is a better foundation and yet that is not always secure In ordinary dealing one Promise may be an Equivalent to another but it is not so for a thing actually granted or conveyed especially if the thing required in exchange for it is of great value either in it self or in its consequences A bare Promise as a single Security in such a case is not an equal proposal if it is offered by way of addition it generally giveth cause to doubt the Title is crazy where so slender a thing is brought in to be a supplement XXIV The Earnest of making good a Promise must be such a behaviour preceding as may encourage the party to whom it is made to depend upon it Where instead of that there hath been
are authorized and trusted by others to act for them This â—â—tteth them under much greater restraints than those who are at liberty to treat for themselves It is lawful though it is not â—rudent for any man to make an ill Bargain for himself but it is neither the one nor â—he other where the party contracting â—reateth on behalf of another by whom he 〈◊〉 intrusted Men who will unwarily acâ—ept an ill security if it is for themselves forfeit their own discretion and undergo the Penalty but they are not responsible to any body else They lie under the Mortification and the loss of committing the error by which though they may expose their Judgment to some censure yet their Morality suffers no reproach by it But those who are deputed by others to treat for them upon terms of best advantage though the Confidence placed in them should prevent the putting any limits to their Power in their Commission yet the Condition implied if not expressed is that the Persons so Trusted shall neither make an ill Bargain nor accept a slight Security The Obligation is yet more binding when the Trust is of a Publick Nature The aggravation of disappointing a Body of Men that rely upon them carrieth the Faulâ— as high as it can go and perhaps no Crimâ— of any kind can outdo such a deliberate breach of Trust or would more justly makâ— Men forfeit the protection of humane Society XXX I will add one thing more upon this Head which is that it is not alwayâ— a true Proposition that 't is safe to rely upoâ— a Promise if at the time of making it iâ— is the Interest of the Promiser to make iâ— good This though many times it is a good Inducement yet it hath these Excepâ—ions to it First if the Proposer hath at â—â—â—er times gone plainly against his visible â—nterest the Argument will turn the other â—ay and his former Mistakes are so many Warnings to others not to come within the danger of any more let the Inducements to those Mistakes be never so great and generous that does not alter the Nature they are Mistakes still Interest is an uncertain thing It goeth and cometh and varieth according to times and circumstances as good build upon a Quicksand as upon a presumption that Interest shall not alter Where are the Men so distinguished from the rest of Mankind that it is impossible for them to â—istake their Interest Who are they that â—â—ve such an exemption from humane â—eailty as that it can never happen to them not to see their Interest for want of Underderstanding or not to leap over it by excess of Zeal Above all Princes are the most liable to Mistake not out of any defect in their Nature which might put them under such an unfortunate distinction quite contrary the blood they derive from wise and great Ancestors does rather distinguish them on the better side besides that their great Character and Office of Governing giveth a noble Exercise to their Reason which 〈◊〉 very hardly fail to raise and improve 〈◊〉 But there is one Circumstance annexed their Glorious Calling which in this respect is sufficient to outweigh all those Advantages it is that Mankind divided in most things else agree in this to conspire in their endeavors to deceive and misleaâ—â— them which maketh it above the power of humane understanding to be so exactly guarded as never to admit a surprise and the highest applause that could ever yet be given to the greatest Men that ever wore a Crown is that they were no oftner deceived Thus I have ventur'd to lay down my thoughts of the Nature of a Bargain and the due Circumstances belonging to an Equivalent and will now conclude with thiâ— short word Where Distrusting may be the cause of provoking Anger and Trusting may be the cause of bringing Ruin the Choice is too easie to need the being Explained A LETTER TO A DISSENTER Upon occasion of His Majesties late Gracious Declaration of Indulgence LONDON Printed in the Year 1700. A LETTER TO A DISSENTER Upon Occasion of His Majesties late Gracious Declaration of Indulgence SIR SINCE Addresses are in fashion give me leave to make one to you This is neither the Effect of Fear Interest or Resentment therefore on may be sure it is sincere and for that reason it may expect to be kindly received Whether it will have power enough 〈◊〉 Convince dependeth upon the Reason 〈◊〉 of which you are to judge and upon your Preparation of Mind to be perswaded by Truth whenever it appeareth to you It ought not to be the less welcome for coming from a friendly Hand one whose kindness to you is not lessened by difference of Opinion and who will not let hâ—â— Thoughts for the Publick be so tied or confined to this or that Sub-division of Protestants as to stifle the Charity which besides all other Arguments 〈◊〉 at this time become necessary to serve us I am neither surprized nor provoked◠〈◊〉 see that in the Condition you were 〈◊〉 into by the Laws and the ill Circumstanceâ— you lay under by having the Exclusâ—â—â— and Rebellion laid to your Charge you were desirous to make your selves less uneasy and obnoxious to Authority Meâ— who are sore run to the nearest Remeâ—â— with too much hast to consider all the consequences Grains of allowance are to 〈◊〉 given where Nature giveth such strong Influences When to Men under Sufferings it offereth Ease the present Pain will â—â—â—rdly allow time to examine the Remeâ—â—â—s and the strongest Reason can hardly gain a fair Audience from our Mind whilst so possessed till the Smart is a little â—â—layed I do not know whether the Warmth thaâ— naturally belongeth to new Friendships may not make it a harder Task for me to perswade you It is like telling Lovers in the beginning of their Joys thâ—â— they will in a little time have an 〈◊〉 Such an unwelcome Stile doth not â—â—â—ly find Credit but I will suppose you 〈◊〉 not so far gone in your new Passion but that you will Hear still and therefore I am under the less Discouragement 〈◊〉 I offer to your Consideration two â—â—â—gs The First is The Cause you have 〈◊〉 suspect your new Friends The Second â—â—e Duty incumbent upon you in Christianity and Prudence not to hazard the Publick Safety neither by desire of Ease â—or of Revenge To the First Consider that notwithstanding the smooth Language which is now put on to engage you these new Friends did not make you their Choice but their Refuge They have ever made their first Courtships to the Church of England and when they were rejected there they made their Application to you in the second place The Instances of this might be given in all times I do not repeat them because whatsoever is unnecessary must be tedious the truth of this Assertion being so plain as not to admit a Dispute You cannot therefore reasonably flatter your selves that there is any Inclination to you They never
leave them to their Taylors with whom they will live in much better Correspondence when the Danger is prevented of their falling out about Privileges XI Men of Injustice and Violence in their private Dealings are not to be trusted by the People with a Commission to treat for them in Parliament In the 4th of Edw. 3. The King Commandeth in his Writs not to chuse any Knights who had been Guilty of Crime or Maintenance These warm Men seldom fail to run into Maintenance taken in a larger Extent It is an unnatural Sound to come from a Man that is arbitrary in his Neighbourhood to talk of Laws and Liberties at Westminster he is not a proper Vehicle for such Words which ought never to be prophaned An habitual Breaker of the Laws to be made one of the Law-makers is as if the Benches in Westminster-hall should be filled with Men out of Newgate Those who are of this Temper cannot change their Nature out of respect to their Countrey Quite contrary they will less scruple to do Wrong to a Nation where no Body taketh it to himself than to particular Men to whose Resentments they are more immediately exposed In short they lie under such strong Objections that the over-balance of better Men cannot altogether purify an Assembly where these unclean Beasts are admitted XII Excessive Spenders and unreasonable Savers are to be Excluded being both greedy from differing Causes They are both of them Diseases of Infection and for that Reason are not to be admitted into Publick Assemblies A prodigal Man must be greedy because he thinketh he can never spend enough The Wretch must be so because he will never think he can hoard enough The World first admireth Men's Wisdom for getting Money and then raileth at them if they do not throw it away so that the Prodigal Man is only the less unpopular Extreme he is every jot as well prepared as the Miser to fall out with his Morals when once a good Temptation is offered him to lay them aside On the other side some Rich Men are as eager to overtake those that are Richer as a Running horse is to get to the Race-post before the other that contendeth with him Men often desire to heap rather because others have more than that they know what to do with that which they covet with so much Impatience So that it is plain the Fancy hath as great a share in this imaginary Pleasure of Gathering as it hath in Love Ambition or any other Passion It is pretty sure that as no Man was ever the Richer for having a good Estate if he did not look after it so neither will he be the Honester if he hath never so much Want of care will always create want of Money so that whether a Man is a begger because he never had any Money or because he can never keep any it is all one to those who are to trust him Upon this head of Prodigality it may be no unreasonable Caution to be afraid of those who in former Service have been extravagantly Liberal of the Publick Money Trusting is so hazardous a thing that it should never be done but where it is necessary so that when Trustees are found upon Tryal to be very Lavish even without examining into the Causes of it which are generally very suspicious it is a reasonable part of preventing Wit to change Hands or else the Chusers will pay the Penalty that belongeth to good Nature so misplaced and the Consequences will be attended with the Aggravation of their not being made Wiser by such a severe and costly warning XIII It would be of very great use to take a general Resolution throughout the Kingdom That none should be chosen for a County but such as have either in Possession or Reversion a considerable Estate in it nor for a Burrough except he be Resiant or that he hath some Estate in the County in present or Expectancy There have been Eminent Men of Law who were of opinion That in the Case of a Burgess of a Town not Resiant the Court is to give Judgment according to the Statute notwithstanding Custom to the contrary But not to insist now upon that the prudential part is Argument enough to set up a Rule to abrogate an ill Custom There is not perhaps a greater Cause of the Corruption of Parliaments than by adopting Members who may be said to have no title by their Births The Juries are by the Law to be Exvicineto And shall there be less care that the Representatives of the People be so too Sure the Interest of the County is best placed in the hands of such as have some share in it The Outliers are not so easily kept within the pale of the Laws They are often chosen without being known which is more like chusing Valentines than Members of Parliament The Motive of their standing is more justly to be supposed that they may redress their own Grievances which they know than those of the Countrey to which they are strangers They are chosen at London to serve in Cornwall c. and are often Parties before they come to be Representatives One would think the Reproach it is for a County not to have Men within their own Circle to serve them in Parliament should be Argument enough to reject these Trespassers without urging the ill Consequences in other Respects of their being admitted XIV As in some Cases it is advisable to give a total exclusion to Men not fitly qualified so in others it is more proper to lay down a general Rule of Caution with allowance of some Exceptions where Men have given such proofs of themselves as create a Right for them to be distinguished Of this nature is that which I shall say concerning Lawyers who by the same Reason that they may be useful may be also very dangerous The Negligence and want of Application in Gentlemen hath made them to be thought more necessary than naturally they are in Parliament They have not only ingrossed the Chair of the Speaker but that of a Committee is hardly thought to be well filled except it be by a Man of the Robe This maketh it worthy of the more serious reflection of all Gentlemen that it may be an Argument to them to quailfy themselves in Parliamentary Learning in such a manner as that they may rely upon their own Abilities in order to the serving their Countrey But to come to the point in question It is not without Precedent that Practising-Lawyers have been excluded from serving in Parliament and without following those Patterns strictly I cannot but think it reasonable that whilst a Parliament sitteth no Member of Parliament should plead at any Bar. The Reason of it is in many respects strong in it self and is grown much stronger by the long sitting of Parliaments of late but I will not dwell upon this The matter now in question being concerning Lawyers being Elected which I conceive should be done with so much