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Hajiiness in Law-making cenfured,

miscarries. Men must not argue in such Tbe PubLICADVERTISER bas given us the momentous. affairs as they do in lighter following Extract from a Piece called The

matters; and cry, It is easy to make the REFLECTOR.

experiment, because commotion is rooner CARCE any thing thews the infirmi. raised than suppressed in a government.

Intcrim patitur juftus, is a maxini that must hasty making, repealing, amending, and be regarded ; for no good man ihould be multiplying of laws. It is imposible that a hurt. And as it is neceflary to be well

ood laws thould be made, and duly ex- assured of the strength of a medicine beecuted, unless the legillative power be fore it is given ; so it is necessary that the knowing, prudent; and virtuous ; so as scheme of a law Mould be well confiderto render each single law productive of ed before it paffes into an act. happiness, or preventive oi misery; to To prepare the plan of a law requires the people. To do this requires greater a whole man, and more than a day; for, circumspection, study and skill, than men besides particulars, a law-maker must nefeem generally to imagine.

ceffarily attend to four capital things of a The antient Romans, before they enact. B general kind, viz. 1. The nature and fied a law, hung up the scheme for it in a tuation of the country. 2. The turn and publick place ; where it remained exposed temper of the people. 3. The preceding to view for three weeks, or during the times, to see what has happened. And, fpace of tres nurdins, including three mar. 4. To future ages, to foresee what may ket days; whereby the inhabitants both happen. of the city and country had an opportu. 1. He must carefully represent to himnity of reading and examining it. The felf the nature and tituation of the counableit orators and lawyers publickly ha- C try for which tlie law is intended. A rangued upon the sketch ; so that every particular feed may be proper for one sort man might hear what was to be said for of land, but improper for another. A and against it. After this the whole peo- skilful farmer examines the nature of his ple were convened to give their votes, in ground, before he lows it; and a lawgiver their respective claffes ; and if the law muft carefully examine the nature and was adjudged to be good by a majority of disposition of the country, before he undervoices, it was confirmed by the council, takes to give it a law. The same cuttoms and engraved in copper. This ceremony and the same laws do not equally suit all may appear frange to us ; but it had fuch D places. A certain philosopher being ask. an effcct, that the laws so made are likely ed, which were the beft laws 7 answered, to prove eternal : For they not only re- those best adapted to the country; for a mained in force to the end of the Roman good law at Athens may be a bad one at empire, but have survived it ; lo as to be Lacedemon. Atill observed and followed in most of the 2. Every lawgiver must regard the turn, ftates of Europe.

genius, and bent of the people for whom How fimple roever a law may appear, his laws are intended. Sometimes the it ought to be thoroughly fifted and confi- E people may be of such a temper as to bear dered : If men are in a hurry about it, harsh reformations, and yet be raised inthe consequence may prove as bad as if to commotion by trifling alterations. The a farmer ihould cut his corn before it is Chinese patiently submitted to all the laws ripe, or lack his hay before it is dry, of their conquerors, the Tartars, except which therefore fires or rots in the barn. that of cutting off their hair ; ahoue Apelles exposed his pieces to publick which many of them lost their lives. The view, that all sorts of people might ex- great reformer, Peter Alexiowitz, brought amine them, and upon once hearing that a the Rullians to quit most of their ancient Thoemaker had found fault with a noe, in F customs ; but by intifting upon their one of his pictures, he acknowledged the Thaving their beards, threw the whole error, and corrected it. The like method country into confusion. The ordinance for has been advantageously taken by diffe- abolithing exorcisms, tho' in itself a thing sent artists in their respective perform- of an indifferent nature, has produced

more violent effects than the changing of Some may think it a lofs of time thus articles of faith. As absolute as the to fpin out the examination of a law ; Perfian monarchs are, they do not venand an easy matter, by a subsequent act, G ture to abolith the pernicious use of opi. to coined the errors, or supply the defects um : And as powerful as the late empeQi a foimer. But the making of experi- ror of Ruffia was, he durit not prohibit mients in law is as dangerous to a state as the drinking of brandy. These and the the making of experiments in physick. Mir- like examples may direct lawgivers to chief is done in both cases if the experiment study the nature and inclinations of the

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Observations on the PUBLICK DEBT.

App tople for whom their laws are designed, der their laws unsuitable or hurtful in the Wirat in one country may be done with a future. Man, indeed, cannot always nod or a wink, cannot be accomplished guard against accidents, or prevent such with fireand (word in anotler. Laws muit

things as he could not foresee : Yet, in be suited to the people, and not the peo. the business of laws, and acts of perpepie to laws.

tuity, politicians must Jay possible acci3. A lawgiver must regard part times, dents before them ; and imagine cases cain order to see whether the law he would A pable of defeating or changing their good introduce has been experienced before, intentions ; for, a ruter, a minifter, or and with what success : For it is froin part general, must not say, I did not think of Limes that we must judge of times to that; because every man ought to think come. When an ordinance has alıeady of accidents, and prepare for them. miscarried in the tenth efay, we may pre- Those who do not, are like thoughtless tum: it will not succeed in the eleventh.

travellers unprovided againk bad roads After a medicine has frequently failed, we and weather. can have no reasonable hiopes of its cu- But because men are apt to take matring. Hiftory is the fureft intructor.

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ters in extreams, I muit add, that, by The late Czar, who moulded Rullia a- accidents, I mean no other than common new, uscd such precaution in liis refor- accidents ; for, to provide against extramations, that he rarely attempted one ordinary ones, is not senuible, but unreawithout being well aisured it would prove sonable. The best intended regulations advantageous. King Wilhem being ex- may be as much defeated by unreasonaborted to introduce the new style, took ble precaution, as by no caution at all. aime to conlcier of it; and consuited with And thus, tho' prudence and confideHis alironomers, whether leap year, and C ration are required in making a law ; yet other chronological irregularitics, could the middle way, betwixt the French ala. by this means be avoided: Tle astrono.

crity and the Spanith folemnity, may be aners answered in the negative : « Then, chote. In the framing of lawes, we faid the king, vehad as good let the style thouid neither gallop nor creep : For too semin as ji did.” This conduct of the much and too little hafle have equally Etih monarch the Czar frequently cited, gieat inconveniencies. Hasty counsel is when any new regulations were proposed Jike unripe fruit ; and now deliberations to him, from which he could lec no great alvantage to the publick.

like fruits that rot. It sometimes hap. D

pens, that the circumstances of publick Indeed, it is best to retain the old re- attairs will not adaut of delay : And in gulations when they cannot be bettered fuch cases, an imperfect attempt is better by new ones ; because inconveniences than none. It may therefore be proper may arise from alteration. A state is like for a state to have two sets of counsel. a buckling consisting of several parts, so Jors, a young and an old one, and em. put together, that one cannot be much

ploy the young when matters require exditu:bed without disturbing the whole. pedition, but the old when they ought to Alid lience Lycurgus obliged the Lacedæ. E be done in perfection. mncnians to take an oath, that they would never alter his ordinances, which oath A Pamplice having been lately publisbech, tycy fo religiouQy kept, that when Phrynis

štititled, An: lx QUIRY into the O. pored to improve the Lacedæmonian riginal and Consequences of the Publute, by the addition of two new strings, ITCK DEBT, by a Person of DistincDe Epliori ordered him to be put to death. tion, sue forall give our Readers a few

This was rigid ; for the circumstances of Extracis from it, as follows. tims frequently require old ordinances to

landed and planted, wher, upona certain occasion, le are the same, and that the publick debt Oidered the laws to sleep for twenty-four has created an intercft distinct from and bours. The same may be said of Alexiin- opposite to both, proposes to examine, dir, who once, for weighty reasons, order- 1. What the publick debt is. ed that June thould be vigy And Piu- whom it is due. 3. Whence came the Darch cominendis ir in Philopo mones, that money lent to the publick. 4. How far le ree only knew how tú cuinmand ac- the publick is attected by it. 5. How Cording to law, but even in command the G and where that money was einployed Javikli' when cccafion se vuired. Doubt. before iç was lent the publick. 6. What B, no law Thould be made withounecer- has become of it tince.

7. What would fiin; or but for the fake of connderable be the consequence of paying it off. And, vaniage.

lantly, what will be the consequence of 4. Lawrivers must represent to them- inçı caling ito 1 what may probably happen, to 100:

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be abrogated. Azésilaus was deservedly F THb. Utenor, after having thewn, that

2. To

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1753.

Observations on the publica Debt. These eight heads he confiders separate censing numberless publick lioures; moftop iy and dittinctly, and makes very proper which are to be considered as so many a. observations upon each ; but we shall give cademies for the acquiring and propagaonly some of those he makes upon the 4th, ting the whole science of iniquity; and gth and 8th. As to the 4th, he says, The the landlord is generally an adept ready publick debt is attended with every dread. to instruct the ignorant. It is from these tul consequence that can accompany any academies that Newgate is peopled and national calamity ; of which I shali hint A Tyburn supplied; but it is likewise from only at the most obvious of such as dir- there that a great part of the revenge arises. tinguith it. If it was payable only out Pulpits may thunder againit vice, and of the rents of land, and of such as live juries may hang criminals, to eternity; on their means, it might be pretended, wlule every means of corrupting the mothat once the industrious farmer must rals of the people is thrown in their way, pay his rent, it is the same thing to the it is in vain to look for reformation, Dation, whether it is wholly ponte ed by With what face can it be pretended, that the squire, or if one half of it is enjoyed we dare restrain vice, after the late glaring by a itockjobber. Even in that cale there B instance of repealing the gin act ? On that would be a wide difference. But the rents occasion we were obliged to confess, that of land are not in question : Oor taxes are the health, the numbers, the morals, of chiefly paid out of the consumption of the our people, are of no account in compaindustrious; and the farmer must pay his rison of the revenue, but must be sacrificed share out of his own particular profits, in- to the publick debt. dependent of what the squire pays out of upon the 7th he says, It follows from bis eitate.

what has been said, that, if the publick A tax of 5 per cent. on any commodity C debe was paid off, the profits of the muft raise the price of it above 8 ; and as manufacturer would be all his own. our tradesmen work under the disadvan- He would be exempted from paying tage of paying taxes for almost every thing at least 40 per cent, out of his gains. they consume, they cannot afford their la It would be equal in every respect to bour ro cheap as those who pay nothing; a bounty to that amount on all our proand of course must be undersold in the ductions, and of three-pence a day to the foreign market. In other words, if an day-labourer, and so in proportion. With Englishman consumes to the value of fix

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that advantage we should be able to underpence a.day, and must pay three-pence for fel our neighbours. Our people would of the privilege of doing so, he camot live course multiply. Our poor would find fo cheap as the Frenchman,who enjoys that employment. Even the aged and disabled privilege for nothing. We inhabit the might earn enough to live upon. Never molt plentiful spot in Europe ; our people arts and manufactures would be introduced, are allowed to be naturally industrious : and the old ones brought to perfection. yet our poor want employment. We have Our most barren lands would be cultivated, not mouths at home to consume our pro- and the produce of the whole insufficienc duce. Foreigners can afford to smuggle E to supply the demands of our people. The our wool at a vast expence, and to under- itockjobber, when paid off, would find fel us even in that manufactory. If we employment for his money in trade and have ftill rome trade left, thanks to the manufacture, and would find that turn to provident care of our ancestors, who set- better account than the preying on the tled our colonies, and to the fin larity of vitals of his country. He would then be. our taste, that can accommodate irfell with come an useful member of society. Rents Portugal-wine, which fecures to us the lu- would rise, and the country gentleman crative trade of that country. To judge f would be able to provide for his younger fairly of the bad effets of our taxes, let children. We would be able to restore us suppose ourselves released from them, morality amongst our people, and the imor let us suppose all the money paid to the mense increasc of trade would furnith einstocks and linking fund given back in ployment for every industrious man. Our bounties to the manufacturers and expor- colonies would tharc in the benefit, and ters; and then let one imagine how many many causes of jealout, between thein and hands would be set to work at home, and their mother country would evans. We whether we thould not underfel all the Mould become formidable to our neighworld abroad.

G bours; for, belides the increase ot our naThe publick debt has entailed immora. val power. in cale of a jutt cause of war, lity and idlenets upon the people; and tlie we ihould be able to advarce much more civil magistrate, whole chief ofhceought to money within the year than we have ever be torettrain vice, is forced to connire at i:. done by anticipating Such of vurud. The revenue cannot be supported without fuckers as had no tute for bun, netorty, encouraging idleness and sxpence, odli

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606 Remonstrances of the Parliament of Rouen. App would probably go with their millions, meaning, that the land would run away, and prey on our enemies, to our great or cease to be occupied by some body. emolument, and their perdition. It may At present, that is, fixty years after the probably be objected by men of narrow revolution, one tenth of the land of Engconceptions, that there was a time when land is not possessed by the posterity or we owed no debt, and yet this country heirs of those who pofreted it at that was neither richer, nor had it more trade time. And if the extermination (as it than at present. Let such men recollect A may juttly be termed) is not universal, the state of this nation tixty or seventy it is only because there were a few overyears before king William's war, with re- grown estates, such as the Devonshire, spect to numbers, trade, shipping, wealth, Bedford, Curzon, &c. which where proof and manufacture ; and let them compare against the waste of luxury and taxes. it with our situation when that war broke Suppose the Turks were to over-run Engout, and then let them give a reason why land, it might certainly be affirmed with we have not increased in the same propor- propriety, that if we did not drive them tion fince that period. Trade was then out, England must be undone ; and yet if in its infancy. Our colonies were hardly B they should prevail

, the land 'would fill established. Those times had all the ex- remain, would fill be occupied and cultipence of them, and we all the profit. vated ; and posibly the trade of England Ireland was then bur little better than our might receive some advantages from the fettlements in America are now. We had favour of other Mahometan nations, who no union with Scotland, and Portugal af- are all great customers for the woollen, forded but little money. Each of these and mor other manufactures ; and it is has opened a new source of wealth to us. more than probable, that a greater proAnd, with such advantages, ought we not C portion of the property of the country to have throve in the same proportion we would remain in the possession of the oridid in the former period ? Had it not been ginal inhabitants fixty years after such a for the publick debt, there can be no doubt conquest, than is now to be found in the but our improvements for the last fixty pofterity of those to whom it belonged years must have surpassed those of the fixty at the revolution. As the cause, I mean years preceding. But, alas!

the publick debt, fill fubfifts, the present And upon the 8th he says, The stock- poffeffors must not expect a more durable jobbers have the words publick faith

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establishment. Was the plague to rage in and publick credit constantly in their a city, and all the rich to perish, the poor mouhs; and want to establish it as a would get possession of the houses and ef. maxim, that they are both engaged to fects; but if the infection continued to support their monopoly, at the expence of prevail, they would soon make room for the whole body of the people.

others in their turn. The advanced price of stocks is more a proof of the folly, than of the faith of Preambie to, ebe Remonftrances of the Parliaa the publick; and if people did not depend ment of ROUEN 70 the King. (See p. 582.) more on the first than the last, a redeem- E able annuity could never rise above par.

SIRE, The excessive premiums are owing to an OUR parliament cannot avoid again opinion, that we want either the means or fixing your majesty's attention on the inclination to pay off our debis. Such an progress of the schism in your kingdom, opinion would not add to the credit of a the dangerous principles which gave rise private man; and how it Tould increase to it, the odious meafures which support that of the nation, is difficult to be com. it, and the fatal effects which it produces. prehended by those that are not in the F If your parliament were less acquainted secret.

with their duty, and less affected by the And afterwards upon the same head, evils which threaten the church and state, he says, When the art of funding was first they would, perhaps, be afraid of prefentintroduced, the common talk of man- ing the same objects so often to your ma. kind was, that the people of England jeity: Put their fidelity, and your own must be undone. Some people tell us, interest, which thall always be the rule that the event has proved the vanity of their conduct, oblige them to infift aof that apprehenfion i affirm, that G freih upon these points, in order to make the prediction has bein verified in the your majefty fenfible of their great im strictes sense. All that could be meant portance to religion, to your service, and by the affution was, that the then pof- to the publick tranquillity. fefiors and their pofterity must be un. The magistrates have always carried done, and their inheritances given away truth to the throne, They have even refrom them, and become the property peated their applications tiil they triumpha of other men. It could never be their

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1753 MULTIPLICITY of OATHS condemned. ed over every obstacle that seemed to bar demonstrate that perjury is a horrid crime its access. At present they would chunk against God and inan, and destructive of: chemielves more criminal than ever, if hunian society. The laws of England from indiference, faintheartedness, or a ti- presume that oaths will be kept 1.acred ; mid deference to orders, evidently incom- wat no inan will perjure limíelf; and Jatible with your majesty's true intereste therefore faith is given to an oath ; and they mould lic down tilent or unactive. all judgments, as well upon the lives as It is very rare, Sir, that the disputes which

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the properties of the subjects, are founded arile in the church do not occafion a con

upon caths. vuliion in the state. But how great is the This presumption of law is built upon danger with which it is threatened, when good reason ; England, as defined by the the division is carried to such a lengih as vid lawyers, is a commonweal

, comto produce an open rupture ; when the porad of christian people, and Christians ministers of the church, unmoved by the are such as are baptized, and, believe in the horrors of a schism, communicate the law of God, as revealed by holy Jesus, the falle zeal with which they are animated, Chrift. Now no one who itediaftly be. to the people.

B lieves that God is present, and will punih Your parliament, wholly employed in the person who takes his name to a falle. maintaining the publick peace, were hood, dare venture to tell a lie upon oath, greatly alarmed at the schisin which has no more than a thief would daie to take broke out in the kingdom. They made publickiy plate away from the fide-board haite to put a stop to it by the rigour of before the master's eye, who has strength the law, and they presume to acquaint enough to take the plunder from him, your majesty, that the first steps which and punish him upon the spot. their vigilance took to stop the evil in its

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It is therefore the want of faith, in bebeginning, would have been effectual, if lieving that God is present and ready to orders furreptitiously obtained from your punish, wiich occacions perjury; and majesty, and arrets of your council grant- persons who take false and prevaricating ed to importunity, had not encouraged oathi, and find they are not punished, inthe guilty. Ought not they to have flat- crease in hardness and unbelics. The more tered themselves, Sir, that, on their just re. univeríal faith and Christianity were, the presentations, your majetty would disavow fewer there were that would commit per. those acts which were contrary to law, jury; and therefore when crcdulity exand the goud of the kingdom? How Deended cven beyond faith into bigotry, and greatly, then, must they have been deceive that credulity was universal, caths were ed in their hopes, and with how muca so strong an evidence of truth, that all grief must they have beheld your majerly, determinations turned upon t'iem. thro' the same abuse of your piety, turn- as credulity disappeared anú faith lestened, ing a deaf ear to their complaints ? perjury increased, the horrid consequences Their fidelity is proof against oppoîtion of which we daisy teel. The uncertainty or disgrace. The imali success of their of the evidence of an oath makes it d. fiiremontirances, far from abating their E cult to convict the guilty, and often concourage, on the contrary ferves to ani. demns the innocent. And the mie riininiate it, becaule nothing ought to cool cult it is to convict a murderer or a felon, their zeal for such interesting objects. the more murderers and thieves will in

Yes, Sir, whatever may have been the crease. surprise and consternation of your parha- Therefore it is highly neceffary for the ment on reading your chancellor's dir.

government to keep up the ían&ity of an course, Atill guided by the love of thieir cath in the opinions of men. duty, and persuaded that, sooner or later, The first reason that lellened the peoruch pure motive will justify them in your F ple's regard to oaths, was the decay of eyes, they are not afraid of repre’enting Christianity ; the second, familiarity. to your majesty, with the freedoin that

Wife and good men will always pay ar characterizes magiltra:es, that that dir- awiul regard to oaths, and will lirictly course, in almost every part of it, tended take care to aver pothing bus truth upon to favour the independency and dominion oach, and they would do so, were they caof che ecclesiasticks who disturb your amined without an oath. But the oiuitikingdoin ; to extend the schim, to over- tude take up things more by liabit than túrn the laws, and to vilify the courts in G by reaion, and many of whole wouid, which your sovereign authority is louged, perhaps, tell an untruth to favour theio..

ielves or their friends, who would not INSPECTOR, No. 54, confirm the fame, il an Oath was admin T would be an idle tak to prove it is nistered to them intolera manner ;

and it is this kind of men at inalies the 4. Appendix, 1753

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