eges, has led to disqualification; the
opposite fault never has produced the slightest punishment. Resistance
to power has shut the door of the House of Commons to one man;
obsequiousness and servility, to none.
Not that I would encourage popular disorder, or any disorder. But I
would leave such offences to the law, to be punished in measure and
proportion. The laws of this country are for the most part constituted,
and wisely so, for the general ends of government, rather than for the
preservation of our particular liberties. Whatever therefore is done in
support of liberty, by persons not in public trust, or not acting merely
in that trust, is liable to be more or less out of the ordinary course
of the law; and the law itself is sufficient to animadvert upon it with
great severity. Nothing indeed can hinder that severe letter from
crushing us, except the temperaments it may receive from a trial by
jury. But if the habit prevails of _going beyond the law_, and
superseding this judicature, of carrying offences, real or supposed,
into the legislative bodies, who shall establish themselves into _courts
of criminal equity_ (so the _Star Chamber_ has been called by Lord
Bacon), all the evils of the _Star Chamber_ are revived. A large and
liberal construction in ascertaining offences, and a discretionary
power in punishing them, is the idea of _criminal equity_; which is in
truth a monster in jurisprudence. It signifies nothing whether a court
for this purpose be a committee of council, or a House of Commons, or a
House of Lords; the liberty of the subject will be equally subverted by
it. The true end and purpose of that House of Parliament, which
entertains such a jurisdiction, will be destroyed by it.
I will not believe, what no other man living believes, that Mr. Wilkes
was punished for the indecency of his publications, or the impiety of
his ransacked closet. If he had fallen in a common slaughter of
libellers and blasphemers, I could well believe that nothing more was
meant than was pretended. But when I see, that, for years together, full
as impious, and perhaps more dangerous writings to religion, and virtue,
and order, have not been punished, nor their authors discountenanced;
that the most audacious libels on royal majesty have passed without
notice; that the most treasonable invectives against the laws,
liberties, and constitution of the country, have not met with the
slightest animadversion; I must consider thi
|