Laws, as the best Bond of Society. And, though all Men be, by Nature, free, equal, and independent, and are not to be put out of this Eftate, without their own Confent, and then, no further, than is agreeable to the Law of Nature, as before observed; yet, it was found neceffary, for the common Good of all, that every Individual fhould join, and form one Community, or Body Politic; and by throwing his private Stock of Liberty and Power, into the Hands of a certain regular Society, as fo much Treasure in a joint Stock, or Fund in Trade, to be layed out for the jointBenefit and Support of the whole Community, and to be difpenfed, in fuch Manner and Proportion, to every Member, as the Society, or Body Politic, fhould, from Time to Time, judge fit and expedient; always making the Good of the Whole, the principal and unalterable Rule and Motive of all their Actions.

In this Affocation, commenced the vifible, original Compact between Man and Man; by which every Individual is bound, under the ftricteft Obligations, mutually to love and fuccor each other; and all become fubject to the just and free Determinations of the Majority. Hence, the VOICE of the PEOPLE was ever esteemed SACRED +.

By this Compact, the following Requifites, to civil Society, were obtained: Firft, a known, established Law, as the unquestionable Standard of Right and Wrong, and the common Meafure for deciding all Controverfies between Party and Party. Secondly, a known, indifferent fudge, with Authority to determine all Differences, according to the known Law. And, thirdly, a Power to support the judicial Sentence, and to carry it into Action, or Execution

FROM thefe Principles, and for these Intentions, and for none other, were civil Societies and Governments first instituted. For, as GOD, in his fuperabundant Wisdom and Justice, must have furnished his Creatures with all Things neceffary for their Wellbeing on Earth, and as he prescribed no pofitive, or specific Form of Government, which yet became abfolutely neceffary for fupporting and maintaining Society, free from Confufion and Diforder; fo, it is plane, that the actual Formation of political, or civil Society, as Clay in the Hands of a Potter, was left entirely to Man; in whose Mind, with other rational Faculties, the Primary Matter, or Principles of Government were implanted; in like Manner, as the Primary Matter of the most useful Metals is layed deep in the Bowels of the Earth, fo embodied with Stones, and other foreign Subftances, that it is not to be diftinguished from Stone, Earth, or useless Drofs, till it is feparated and refined. But, Neceffity put Man upon Invention; fo that, by Art and Industry,

As this Paper was wrote before the late Election for the City, it is hoped it will not be reckoned criminal ex poft Facto; by it's appearing quite contrary to the Determination of the Commons upon the Petition of Alderman Burton, who had eighty-be Voices lefs than Mr. La Touche.

This too it is hoped, will not be condemned; because, the Author was allowed none of thefe Privileges, in the Perfecution afterwards fet on foot against him.

thofe

those Metals came to be feparated and refined, from the grofs Maffes of rude Matter, with which they were mixed and combined, and to have their Rates, Values, and Ufes, in Life, affigned and afcertained. This, as well, as civil Society, or Government, may not improperly, be looked on, as a Sort of fecondary Formation of thefe Creatures, by the Art of Man.

Ir can not be, here, material, to Us, to confider what Policy, or what Kinds, or Forms of Government were instituted, by any other People, than those of our MOTHER NATION, BRITAIN; whofe Laws and Privileges were granted to this Kingdom, upon the Establishment of the firit British Adventurers in it, and confirmed for Ever, by several fubfequent Charters and Acts of Parlement; as, in the Sequel, will appear. I fhall, therefore, in profecuting this Subject, confine my felf within these Bounds, except where, for Comparison, it may be necessary to make a short Digreffion.

THOUGH there is no Record, fo antient, as to fhew, when the Britannic Conflitution commenced, which is an undoubted Proof of it's Antiquity; yet, it must have had it's Origine and Progress, like other Societies. It is enough for me to obferve, that it is now univerfally allowed, and, thank GOD! undeniable, that our Government was founded, on the Principles of Liberty, by a WISE, a FREE, and a BRAVE PEOPLE; and, that no Part, or Member of the State, has, or can, justly, or lawfully, exercise any Power, or Authority, but what is derived from, and held in Truft for, THE PEOPLE; who are the confefied Origine, or Spring of the SOVEREIGN POWER; which, for the eafier and better Difpenfation and Execution, THEY have committed into the joint Hands of three Etates, fo framed and attempered, as to be Cheques, the one uton the other; THE KING, LORDS, AND COMMONS, IN PÁRLEMENT ASSEMBLED; which conftitute the GREAT CORPQRATION, or BODY POLITIC of the Nation §.

THIS will appear the most wife, the most equal, the most juft, the most perfect Form of Government, that now fubfifts upon this Globe. A glorious Constitution! in which, all the Parts are free in their allotted Stations! all are Members of the most happy Community, and Servants, one of an other! Even the first and great Eftate, the KING, though far greater than any of the known Monarchs of the Earth, in this, that HE GOVERNS FREEMEN, by their own Election and Laws, they rule Slaves, by arbitrary Force and Violence; yet, is HE but the FIRST and GREATEST SERVANT of the State!

GIVE me Leave, to enter into a more particular Detail of the Beauty, Strength, and Excellency of this Conftitution; which, Į must, however, do but briefly, as well, for your Sake, as mine own: For, to go minutely into this great and copious Subject, and treat exprefsly on every Article, is not only beyond my Sphere, but

§ It is humbly hoped, that this will give no Offence to the bonorable House of Commons, as it is fayed of the Britif Conftitution and Legiflature, not of the prefent Government, or Parlement of Ireland.

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beyond the Scope of my Leifure; for many Volumes could not contain the Difquifition. I muft, therefore, content my self, with touching, concifely, upon the original, effential PRINCIPLES of our Conftitution, and then upon our Government, in general; in which, the great ORIGINAL CONTRACT between the People and the Legiflature will appear, and that none of the three Eftates can incroach upon the Powers, Rights, or Privileges, of the other, nor any of them separately, nor all of them jointly, can invade those of the People, without diffolving the original Contract, and reducing the whole Conftitution to Confufion and Disorder, or to a State of Nature. Whence it will follow, that it is the indispensable Duty of every Individual, not only, to fecure his own Portion of Liberty and Rights, but, upon all Occafions, to caft in his Mite, to fecure that of his Neighbour; and, in general, to preserve that Freedom and Independence of all the Parts, and that juft Balance of Power, between the three Eftates, that must always be necessary to the very Being of our Government.

IN this, I fhall continue LOCK, COKE, and ACHERLEY, Writers of the most approved Authority, for my principal Guides; that our Antagonists may not be able to charge Us with introducing any Innovation.

THOUGH Our Annals can not fhew a Point of Time, in which Parlements, in fome Form, or other, did not exist; yet, it must be confessed, that prior to the Establishment of that great Assembly, the wife Men, who planned our Form of Government, must have layed down certain effential Principles of the Conftitution, never to be diminished, or varied, by any Power, or on any Pretence whatsoever.

It must be utterly inconfiftent with all just Notions of true Policy, to fuppofe the contrary.

FOR, though Man was left in a State of Liberty; yet, he could not pervert it to a State of Licentioufnefs. He is, in all Cafes, reftrained by the great original Law, from doing Evil to him felf, or to his Fellows, and indeed, to all Parts of the Creation; as has been before obferved; fo, that it is plane, that no Man can give, or delegate more Power to any Perfon, than he him felf actually poffeffes.

THIS must have been had in view, when our wife Ancestors formed the great Corporation of the Nation. They must then have fayed to their Representatives, thus far fhall your Powers extend, and no farther. And therefore, previous to the investing any Man, or Body of Men, with a fovereign, or legislative Power, the following, being the || ORIGINAL, ESSENTIAL PRINCIPLES of our Constitution, were founded and established, as the common inviolable BIRTH-RIGHT, the INDEFEASABLE HEREDITARY PRIVILEGES of the PEOPLE.

The Readers is defired to obferve, that this was wrote before the Author was condemned, in a different Method, by the House of Commons; if the laying down thefe, glances any Reflections on their Conduct, it will not be imputed to the Author.

I. THAT

I. THAT the Life, Liberty, and Property of every individual Perfon, whether high, or low, rich, or poor, be equally protected and fecured, together with a general Freedom in Trade to all.

II. THAT no Individual may fuffer, in his Perfon, Liberty, or Property, in any Degree, or by any other Means, than by Laws, made and promulgated, for the common Good of the Society, to which he has given, or shall give his Affent, in his Perfon, or by his Reprefentatives, his Neighbours and his Equals being his Judges.

III. THAT Juftice and Law may be freely, equally, and publicly adminiftered to all; and not denied, fold, or delayed, to any.

IV. THAT every Individual may defend his Perfon, his Liberty, and his Property, from all Injuries and Wrongs; and oppofe and profecute any Man whatfoever, that hall offer, give, or caufe to be given, any Manner of Offence, Injury, or Wrong, till he obtains Security and Satisfaction.

V. THAT, in Cafe of a Perfon's being robbed of his Life, or of his Property, the Son and Heir, or Brother and Hir of the Perfon fo robbed of his Life, being the Party grieved, or the Perfon so robbed of his Property, may have a Suit, or Action of Revenge, by Way of Appeal; in which the Offender shall be liable to be purified with Death, without Power, or Authority in any Perfon whatsoever, to interrupt the Profecution, or to pardon, or remit the Offence, or to obftruct the Execution, except the Profecutor alone.

VI. THAT no Man's Life may be put in Jeopardy, by being obliged to ftand Trial, more than once, for one and the fame Crime; except upon Appeal.

VII. THAT no Man may have an indefeafable, or unalienable hèreditary Right in, or to, Lands: It being inpoffible to make Things perpetual and immutable, which the great Author of Nature has decreed to be variable and transferable.

THUS, did the Wisdom and Virtue of our Forefathers greatly provide for the Happiness and Glory of their Iffue! making the abfolute Safety of their Lives, the Independence and Security of their Liberty, Property, Freedom in Trade, and other common natural Rights, not only the UNALTERABLE BASIS of the civil Confitution, but the evident Cause and Intent of it's Inftitution.

THIS great Foundation being layed, and the general Society having become too numerous, to afiemble and complete the intended Superftructure, it was found requifite to inflitute a new Form of Government, or to appoint a smaller, more regular Society, or Body Politic, to represent the whole, and to invest it with all the Powers of the People, at large, to provide for future Emergencies, by new Laws, by Leagues, by Arms, &c. Thefe Powers were vefted in the PARLEMENT, or three Eftates of KING, LORDS, and COMMONS, joyntly, not feverally; and infuperably circumfcribed, by thefe FUNDAMENTAL PRINCIPLES, and by the invariable ORIGINAL CONTRACT, between the PEOPLE and the LEGISLATURE. So that, though the Parlement may, and ought to do all Things neceffary for, or tending to, the Prefervation, Improvement, Illuftration, and Confirmation of this Confiitution; yet, it

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can

can not, in any Manner, or Degree, invade, or vary, much less, violate, or abrogate thefe effential, inherent Principles of our Conftitution, without murdering the Parent, that gave it Birth, and sapping the Foundation, on which it stands.

THIS will appear more plane and evident, when I more particularly explane the Inftitution, and the refpe&tive Offices, Powers and Duties of the three Eftates, which I muit poftpone to the next Opportunity.

Now, YOU SONS OF LIBERTY! JUST JUDGES! before whom Innocence and Virtue can no more dread to fuffer, than Guilt and Vice hope to efcape, with Impunity; permit your accused Servant to appeal to that great and upright Tribunal, on whofe Sentence alone, depends his Happiness, or Mifery.

As I can not be at Enmity with any Man, who is not an Enemy to Mankind, and to him felf; fo, I prefume, that there is no Man, fo much my Enemy, as not to defire, I fhould rather stand acquitted, of any Crime layed to my Charge, than condemned, before him.

I Do not think it incumbent on me, to plead to any Accufations layed in the Dark, by Perfons unknown againft me. Let my Accufers come openly, Face to Face, as our Law directs; and when the full Weight of their Teftimony appears, I fhall ever be ready to answer to the Charge. Until then, I must beg this common Piece of Justice of the Public, in general, that they will not accufe me on fpurious, falfe, or on any Evidence, unheared *.

IF this be granted, anonymous Writers, and Slanderers, thofe worst of Pirates, will be treated with juft Contempt and Difdain.

-The Man, who corrects me, is my Friend, I may fay, yours too. But, none but a Fool, or a Knave, can attempt to fab him in the Dark, whose fole Aim and Ambition is to ferve the Public †.

THE Dirt thrown by fuch Reptiles, can fully thofe alone, who meddle with them; otherwife, it must all fall back again, upon their own congenial Heads. Therefore, keep clear of them, I befeech You.

My only Solicitude, at prefent, is for fome delicate, tender Minds among You, who are moved by the artful Aggravations of certain defigning Men, to cenfure me, for my last Address, as if I had, therein, attempted to exalt my self upon the Ruins of the Character of an other. -If my Humanity could not prevent my being guilty of fo bafe a Vice, as this, my Pride would certainly keep me from stooping fo low.I am fenfible, that he can not be worthy of your Favor, who wants a Foil.

The Author affures the Public, that he had no Forefight, or Intimations of the Procedings of the House of Commons against him, when he wrote this, and therefore, hopes, no Body will apply it to their Manner of trying, cenfuring, and condemning him.

This was published before the Chirurgical Collector of the Port of Dublin wrote for his Place, against the Author. It is hoped no Body will apply the Character to that worthy Gentleman unless it fuits him.