myfelf. I fell upon my knees, begged his worship's pardon, and began to give a full account of all that I knew of my breed, feed, and generation; but, though I gave a very true account, the juftice faid I could give no account; fo I was indicted at the feffions, found guilty of being poor, and fent up to London to Newgate, in order to be tranfported as a vagabond.

"People may fay this and that of being in jail, but, for my part, I found Newgate as agreeable a place as ever I was in all my life. I had my bellyfill to eat and drink, and did no work at all. This kind of life was too good to last for ever; so I was taken out of prison, after five months, put on board a fhip, and fent off, with two hundred more, to the plantations. We had but an indifferent paffage, for, being all confined in the hold, more than a hundred of our people died for want of fweet air; and thofe that remained were fickly enough, God knows. When we came a-fhore, we were fold to the planters, and I was bound for feven years more. As I was no fcholar, for I did not know my letters, I was obliged to work among the negroes; and I ferved out my time, as in duty bound to do.

"When my time was expired, I worked my paffage home, and glad I was to fee Old England again, because I loved my country. I was afraid, however, that I fhould be indicted for a vagabond once more, fo I did not much care to go down into the country, but kept about the town, and did little jobs when I could get them.

"I was very happy in this manner for fome time, till one evening, coming home from work, two men knocked me down, and then defired me to ftand. They belonged to a prefs-gang: -I was carried before a juffice, and, as I could give no account of myself, I had my choice left, whether to go on board a man of war, or lift for a foldier: I chose the latter; and, in this poft of a gentleman, I ferved two campaigns in Flanders, was at the battles of Val and Fontenoy, and received but one wound, through the breaft here; but the doctor of our regiment foon made me well again.

"When the peace came on I was discharged; and, as I could not work, because my wound was fometimes troublefome, I lifted for a landman in the Eaft-India company's fervice. I have fought the French in fix pitched battles; and I verily believe that, if I could read or write, our captain would have made me a corporal. But it was not my good fortune to have any promotion, for I foon fell fick, and fo got leave to return home again with forty pounds in my pocket. This was at the beginning of the prefent war, and I hoped to be fet on fhore, and to have the pleasure of fpending my money; but the government wanted men, and fo I was preffed for a failor before ever I could fet foot on fhore.

"The boatswain found me, as he faid, an obftinate fellow he fwore he knew that I understood my business well, but that I fhammed Abraham, to be idle; but God knows, I knew nothing of fea-business, and he beat me, without confidering what he was about. I had ftill, however, my forty pounds, and that was fome comfort to me under every beating; and the money I might have had to this day, but that our fhip was taken by the French, and fo I loft all.

"Our crew was carried into Breft, and many of them died, because they were not used to live in a jail; but, for my part, it was nothing to me, for I was feafoned. One night, as I was afleep on the bed of boards, with a warm blanket about me, for I always loved to lie well, I was awakened by the boatswain, who had a dark lantern in his hand: Jack,' fays he to me,

will you knock out the French centry's brains?' 'I don't care,' fays I, ftriving to keep myself awake, ‘if I lend a hand.' Then follow me," fays he, and I hope we fhall do his bufinefs.' So up I got, and tied my blanket, which was all the cloaths I had, about my middle, and went with him to fight the Frenchmen. I hate the French, because they are all flaves, and wear wooden fhoes.

"Though we had no arms, one Englishman is able to beat five French at any time; fo we went down to the door, where both the centries were

posted,

pofted, and, rushing upon them, feized their arms in a moment, and knocked them down. From thence nine of us ran together to the quay, and feizing the first boat we met, got out of the harbour, and put to fea. We had not been here three days before we were taken up by the Dorfet privateer, who were glad of so many good hands, and we consented to run our chance. However, we had not as much luck as we expected. In three days we fell in with the Pompadour privateer, of forty guns, while we had but twentythree; fo to it we went, yard-arm and yard-arm. The fight lafted for three hours, and I verily believe we fhould have taken the Frenchman, had we but had fome more men left behind; but, unfortunately, we loft all our men just as we were going to get the victory.

"I was once more in the power of the French, and I believe it would have gone hard with me had I been brought back to Breft; but, by good

fortune, we were retaken by the Viper. I had almost forgot to tell you that, in that engagement, I was wounded in two places; I loft four fingers off the left hand, and my leg was shot off. If I had had the good fortune to have lott my leg,and ufe of my hand on board a king's fhip, and not a-board a privateer, I fhould have been entitled to cloathing and maintenance during the relt of my life! but that was not my chance: one man is born with a filver fpoon in his mouth, and another with a wooden ladle. However, blessed be God, I enjoy good health, and will for ever love liberty and Old England. Liberty, property, and Old England for ever, huzza!

HE abfolute rights of man, con

with difcernment to know good from evil, and with power of choofing thofe meafures which appear to him to be most desirable, are usually summed up in one general appellation, and denominated the natural liberty of mankind. This natural liberty confifts properly in a power of acting as one thinks fit, without any restraint or controul, unlefs by the law of nature; being a right inherent in us by birth, and one of the gifts of God to man at his creation, when he endued him with the faculty of free-will. But every man, when he enters into fociety, gives up a part of his natural liberty, as the price of fo valuable a purchase; and, in confideration of receiving the advantages of mutual commerce, obliges himself to conform to those laws which the community has thought proper to establish. And this fpecies of legal obedience and conformity is infinitely more delirable than that wild and 1vage liberty which is facrificed to obFor no man, that confiders a moment, would wish to obtain the ab

tain it.

whatever

quence of which is, that every other man would also have the fame power; and then there would be no fecurity to individuals in any of the enjoyments of life.

Political, therefore, or civil, liberty, which is that of a member of fociety, is no other than natural liberty, fo far restrained by human laws (and no farther) as is neceffary and expedient for the general advantage of the public. Hence we may collect, that the law, which restrains a man from doing mifchief to his fellow citizens, though it diminishes the natural, increafes the civil liberty of mankind: but every wanton and caufeless reftraint of the will of the fubject, whe ther practifed by a monarch, a nobility, or a popular affembly, is a degree of tyranny. Nay, that even laws themfelves, whether made with or without our confent, if they regulate and constrain our conduct in matters of mere indifference, without any good end in view, are laws destructive of liberty: whereas, if any public ad

vantage

vantage can arise from obferving fuch precepts, the controul of our private inclinations, in one or two particular points, will conduce to preferve our general freedom in others of more importance, by fupporting that state of fociety which alone can fecure our independence. Thus the ftatute of king Edward IV. which forbad the fine gentlemen of thofe times (under the degree of a lord) to wear pikes upon their fhoes or boots of more than two inches in length, was a law that favoured of oppreffion; because, how ever ridiculous the fathion then in ufe might appear, the restraining it by pecuniary penalties could ferve no purpofe of common utility. But the ftatute of king Charles II. which prefcribes a thing feemingly as indifferent, viz. a drefs for the dead, who were all ordered to be buried in woollen, is a law confiftent with public liberty; for it encourages the ftaple trade, on which in great measure depends the univerfal good of the nation. So that laws, when prudently framed, - are by no means fubverfive, but rather introductive, of liberty; for (as Mr. Locke has well obferved) where there is no law there is no freedom. But then, on the other hand, that conftitution or frame of government, that fyftem of laws, is alone calculated to maintain civil liberty, which leaves the subject entire master of his own conduct, except in thofe points wherein the public good requires fome direction or restraint.

The idea and practice of this political or civil liberty flourish in their higheft vigour in thefe kingdoms, where it falls little fhort of perfection, and can only be loft or deftroyed by the folly or demerits of its owner; the legiflature, and of courfe the laws of Britain, being peculiarly adapted to the prefervation of this ineftimable bleffing even in the meaneft fubject. Very different from the modern conftitutions of other ftates on the continent of Europe, and from the genius of the imperial law; which in general are calculated to velt an arbitrary and defpotic power, of controuling the actions of the fubject, in the prince, or in a few grandees. And this fpirit of

liberty is fo deeply implanted in our conftitution, and rooted even in our very foil, that a flave or a negro, the moment he lands in Britain, falls under the protection of the laws, and fo far becomes a freeman; though the mafter's right to his fervice may poffi bly ftill continue.

The abfolute rights of every Briton (which, taken in a political and extenfive fenfe, are ufually called their liberties), as they are founded on nature and reafon, fo they are coeval with our form of government; though fubject at times to fluctuate and change, their establishment, excellent as it is, being ftill human. At some times we have feen them depressed by overbearing and tyrannical princes; at others, fo luxuriant as even to tend to anarchy, a worse state than tyranny itself, as any government is better than none at all. But the vigour of our free conftitution, when violently oppreffed, or too much weighed down, has always delivered the nation from these embarrassments: and, as foon as the convulfions confequent on the ftruggle have been over, the balance of our rights and liberties has fettled to its proper level; and their fundamental articles have been from time to time afferted in parliament, as often as they were thought to be in danger:

Firft, by the great charter of liberties, which was obtained, fword in hand, from king John, and afterwards, with fome alterations, confirmed in parliament by king Henry III. his fon. Which charter contained very few new grants; but, as Sir Edward Coke obferves, was for the moft part declaratory of the principal grounds of the fundamental laws of England. Afterwards, by the statute called confirmatio cartarum, whereby the great charter is directed to be allowed as the common law; all judg ments contrary to it are declared to be void; copies of it are ordered to be sent to all cathedral churches, and read twice a-year to the people; and fentence of excommunication is directed to be as conftantly denounced against all thofe that by word, deed, or counfel, act contrary thereto, or in any degree infringe it. Next by a

I

multitude

multitude of fubfequent corroborating ftatutes (Sir Edward Coke reckons 32), from the firft Edward to Henry IV. Then, after a long interval, by the petition of right; which was a parliamentary declaration of the liberties of the people, affented to by king Charles I. in the beginning of his reign. Which was clofely followed by the ftill more ample conceffions made by that unhappy prince to his parliament, before the fatal rupture between them; and by the many falutary laws, particularly the habeas corpus act, paffed under Charles II. To thefe fucceeded the bill of rights, or declaration delivered by the lords and commons to the prince and princess of Orange, 13th February 1688; and afterwards -enacted in parliament, when they became king and queen: which declaration concludes in thefe remarkable words: "And they do claim, demand, and infist upon, all and fingular the premifes, as their undoubted rights and liberties." And the act of parliament itself recognifes "all and fingular the rights and liberties afferted and claimed in the faid declaration to be the true, ancient, and indubitable rights of the people of this kingdom." Laftly, thefe liberties were again af ferted at the commencement of the prefent century, in the act of fettlement, whereby the crown was limited to his present majesty's illuftrious houfe: and fome new provifions were added, at the fame fortunale era, for better fecuring our religion, laws, and liberties; which the statute declares to be "the birthright of the people of England," according to the ancient doctrine of the common law.

Thus much for the declaration of our rights and liberties. The rights themfelves, thus defined by thefe feveral statutes, consist in a number of private immunities; which will appear, from what has been premised, to be indeed no other, than either that refiduum of natural liberty, which is not required by the laws of society to be facrificed to public convenience; or elfe thofe civil privileges, which fociety hath engaged to provide, in lieu of the natural liberties fo given up by individuals. These therefore were formerly either by inheritance or purchase, the rights VOL. I. No. 2.

of all mankind; but, in moft other countries of the world, being now more or lefs debased and destroyed, they at present may be faid to remain, in a peculiar and emphatical manner, the rights of the people of Britain. And thefe may be reduced to three principal or primary articles; the right of perfonal fecurity, the right of perfonal liberty, and the right of private property: because, as there is no other known method of compulfion, or of abridging man's natural free-will, but by an infringement or diminution of one or other of these important rights, the prefervation of these inviolate may justly be faid to include the prefervation of our civil immunities in their largest and most extensive sense.

In vain, however would these rights be declared, ascertained, and protected by the dead letter of the laws, if the conftitution had provided no other method to fecure their actual enjoyment. It has therefore established certain other auxiliary fubordinate rights of the fubject, which ferve principally as barriers to protect and maintain inviolate the three great and primary rights, of perfonal fecurity, perfonal liberty, and private property. These are,

1. The conftitution, powers, and privileges of parliament.

2. The limitation of the king's prerogative, by bounds fo certain and notorious, that it is impoffible he should exceed them without the consent of the people. The former of these keeps the legislative power in due health and vigour, fo as to make it improbable that laws fhould be enacted deftructive of general liberty: the latter is a guard upon the executive power, by reftraining it from acting either beyond or in contradiction to the laws that are framed and established by the other.

3. A third fubordinate right of every Briton is that of applying to the courts of justice for redress of injuries. Since the law is, in this realm, the fupreme arbiter of every man's life, liberry, and property, courts of juftice muft at all times be open to the fubject, and the law be duly adminifiered therein. The emphatical words of magna carta, spoken in the perfon of the king, who in judgment of law G

(fays

(fays Sir Edward Coke) is ever prefent, and repeating them in all his courts, are thefe: Nulli vendemus, nulli negabimus, aut differemus rectum vel juftitiam; "and therefore every fubject (continues the fame learned author), for injury done to him in bonis, in terris, vel perfona, by any other fubject, be he ecclefiaftical or temporal, with out any exception, may take his remedy by the courfe of the law, and have justice and right for the injury done to him, freely without fale, fully without any denial, and fpeedily without delay." It were endlefs to enumerate all the affirmative acts of parliament, wherein juftice is directed to be done according to the law of the land and what that law is, every fub· ject knows; or may know if he pleafes: for it depends not upon the arbitrary will of any judge; but is permanent, fixed, and unchangeable, unless by authority of parliament. We fhall however just mention a few -negative ftatutes, whereby abuses, perverfions, or delays of justice, especially by the prerogative, are restrained. It is ordained by magna carta, that no freeman fhall be outlawed, that is, put out of the protection and benefit of the laws, but according to the law of the land. By 2 Edw. III. c. 8. and 11 Ric. II. c. 10, it is enacted, that no commands or letters fhall be fent under the great feal, or the little feal, the fignet, or privy feal, in difturbance of the law; or to disturb or delay common_right: and, though fuch commandments fhould come, the judges fhall not ceafe to do right: which is also made a part of their oath by ftatute 18 Edw. III. ft. 4. And by W. & M. ft. 2. c. 2. it is declared, that the pretended power of fufpending or difpenfing with laws, or the execution of laws, by regal authority without consent of parliament, is illegal.

Not only the fubftantial part, or judicial decifions, of the law, but also the formal part, or method of proceeding, cannot be altered but by parliament: for, if once thofe outworks were demolished, there would be an inlet to all manner of innovation in the body of the law itself. The king, it is true, may erect new courts of

juftice; but then they muft procéea according to the old established forms of the common law. For which reafon it is declared in the ftatute 16 Car. I. c. 10. upon the diffolution of the court of star-chamber, that neither his majesty, nor his privy-council, have any jurifdiction, power, or authority, by English bill, petition, articles, libel, (which were the course of proceeding in the ftar-chamber, borrowed from the civil law), or by any other arbitrary way whatsoever, to examine, or draw into question, determine, or difpofe of the lands or goods of any fubjects of this kingdom; but that the fame ought to be tried and determined in the ordinary courts of juftice, and by courfe of law.

4. If there fhould happen any uncommon injury, or infringement of the rights before mentioned, which the ordinary course of law is too defective to reach, there ftill remains a fourth fubordinate right, appertaining to every individual, namely, the right of petitioning the king, or either house of parliament, for the redress of grievances. In Ruflia, we are told, that the Czar Peter established a law, that no fubject might petition the throne, till he had firft petitioned two different ministers of state. In cafe he obtained juftice from neither, he might then prefent a third petition to the prince; but upon pain of death if found to be in the wrong. The confequence of which was, that no one dared to offer fuch third petition; and grievances feldom falling under the notice of the fovereign, he had little opportunity to redress them. The restrictions, for fome there are, which are laid upon petitioning in Britain, are of a nature extremely different; and while they promote the fpirit of peace, they are no check upon that of liberty. Care only muft be taken, left, under the pretence of petitioning, the fubject be guilty of any riot or tumult; as happened in the opening of the memorable parliament in 1640; and, to prevent this, it is provided by the ftatute 13 Car. II. ft. 1. c. 5. that no petition to the king, or either house of parliament, for any alteration in church or state, fhall be figned by above 20 perfons, unless the

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