FREE BOOKS

Author's List




PREV.   NEXT  
|<   49   50   51   52   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   70   71   72   73  
74   75   76   77   78   79   80   81   82   83   84   85   86   87   88   89   90   91   92   93   94   95   96   97   98   >>   >|  
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 this as a shocking and shameless pretence. Never did an envenomed scurrility against everything sacred and civil, public and private, rage through the kingdom with such a furious and unbridled licence. All this while the peace of the nation must be shaken, to ruin one libeller, and to tear from the populace a single favourite. Nor is it that vice merely skulks in an obscure and contemptible impunity. Does not the public behold with indignation, persons not only generally scandalous in their lives, b
PREV.   NEXT  
|<   49   50   51   52   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   70   71   72   73  
74   75   76   77   78   79   80   81   82   83   84   85   86   87   88   89   90   91   92   93   94   95   96   97   98   >>   >|  



Top keywords:

public

 

offences

 

criminal

 
punished
 

purpose

 

liberty

 

Chamber

 

equity

 

liberties

 
persons

virtue

 

authors

 

audacious

 
libels
 

discountenanced

 

Majesty

 

passed

 

pretended

 

slaughter

 

common


libellers

 

blasphemers

 
fallen
 

ransacked

 

impiety

 

closet

 

impious

 
dangerous
 

writings

 
religion

shameless
 

populace

 
single
 

favourite

 
libeller
 

nation

 

shaken

 

skulks

 

generally

 

scandalous


indignation

 

behold

 

obscure

 

contemptible

 

impunity

 

licence

 

animadversion

 

shocking

 
publications
 

pretence