A Discourse about raising men in which is shewed that it is more for the interest of the nation that the parishes should be oblig'd by law to provide men for the service of the war, than to continue to raise 'em in the ordinary way, and all objections are answered, and particularly that popular one, viz. that this way of raising men is a violation of liberty and property.

A DISCOURSE ABOUT Raising Men, &c.

THE Continuance of the present War with France so many Years, has made it very Difficult, and almost impossible for the Officers of the Army to raise Recruits, and forc'd 'em upon those illegal Methods which have been so much complain'd of, and which they were as unwilling to make use of as the Nati∣on to bear; for if we consider the vast Trouble and Charge they are put to, to get Men, 'tis certainly their Interest, as well as the Publick's, that Recruits should be provided, by Publick Authority, for his Majesty's Service, and the Coun∣try be oblig'd, by Act of Parliament, to furnish the Bodies of Men, as well as Mony, for the carrying on the War. It cannot be denied but great Disorders have been committed in Raising of Recruits; Men have been trepann'd and forc'd

away in a very Illegal manner, and often too such that were Sober and Industrious, Men of Trades and Callings, that were useful and necessary where they liv'd, and were taken away with as much Grief to their Neighbours, as Idle and Disorderly People were left behind: These are, no doubt, great Grievances, and as prejudicial to the Nation as they are Illegal: But how shall they be prevented? Men are not to be had without Tricks and Force, nor, as Matters now stand, have the Officers, if they were never so willing to do it, any Power to pick and chuse, and distinguish who are fit to be taken, and who not, but must take who they can get, Fit or Unfit. This is the true State of the Case, and therefore since Men must be had, and no War can be carried on without the Bodies of Men, any more than without Mony, what is now done by Force, and is therefore Illegal, ought to be done by Law: And what is now done in a Careless, Loose, Undistinguishing Manner, and is there∣fore hurtful to the Nation, ought to be regulated, and put into such a Method, that the Choice of Men for Recruits might fall wholly upon Idle, Disorderly Persons, of which there is more than enough in the whole Kingdom to Re∣cruit the Army every Year, as long as the War shall last. If the Raising Recruits were managed in this manner, it would not only be no Prejudice, but a great Advantage to the Nation, and have the same good effect upon it that Physick has upon the Body, when it carries off its ill Hu∣mors. If all the Parishes in England weve oblig'd by a Law to furnish Men, the Army would be much better Recruited, his Majesty's Service better perform'd, the Charge of Rai∣sing Men, which is now very great, and lies very heavy upon the Officers, would be much lessen'd, all the Disor∣ders and Abuses, committed hitherto by the Officers, in Raising of Men, would be wholly prevented, the Parishes themselves freed from several Idle and Disorderly People,

that are a Burthen to 'em, the Justices of the Peace eas'd of the Trouble of committing 'em, and the Goals and Houses of Correction of Keeping and Punishing 'em. In short, it seems upon all accounts to be very much for the Interest both of the Army and Nation that this way of Rai∣sing Men should be made use of, rather than the ordinary Method, which is so very Chargeable, has been so much abus'd, and is now become scarce practicable any longer, at least not without being still subject to those Abuses which have given occasion already to too many, and too just Complaints to be any longer suffer'd. Where∣as the way here propos'd, if it were settled by Act of Parli∣ament, does easily and effectually remedy all those Incon∣veniences; and which ever way 'tis consider'd has so many Advantages in it in all respects, that next to the Acts for Raising Mony, no Law can be more for the Publick Good, nor more indispensably necessary in the present Conjuncture of this War; but how necessary soever, or how much so∣ever for the Publick Good, such a Law may seem to me to be, others are of another Opinion, and I have heard several Plausible Objections made against it; which I will endea∣vour to answer.

'Tis objected against this way of Raising men.

• I. That 'tis Impracticable.
• II. That 'tis subject to great Abuses in the Execution.
• III. That it would carry too many Men away out of the Country.
• IV. That it would make the Officers careless of their Men.
• V. That 'tis a new thing; and we do not care for Novelties in England.
• VI. That 'tis a Breach of our Liberties and Properties, a Vio∣lation of the Freedom of the English Nation, one of the Arbitrary Methods of the King of France, which 'tis not fit to imitate in England.

I am sensible the Reader may think some of these Obje∣ctions too weak to be taken notice of; but he may be pleas'd to consider, That weak Reasons carry away weak People, which are often the Majority in the World, and are there∣fore worth disabusing.

The First Objection is, That it is impracticable.

But why it should be so I cannot conceive: Why may not the King be empower'd by Act of Parliament, when∣ever he wants Men, to send an Order by the Sheriff to every Parish, to assemble together, as they do when they assess Parish-Duties, and with the Assistance of one or two of the neighbouring Justices of Peace chuse such a Person by the Majority of Voices as shall be qualified, according to the Act of Parliament, and send the Constable to seize him, and bring him before 'em, and having given him the Oath of Fidelity, send the Constable immediately away with him to the County-Town, to deliver him into the Hands of such Officers of the Army as his Majesty shall send thither to receive and take Care of all the Recruits that are rais'd in that Country? All this seems to me to be very practicable, and as easie as the appointing Commissioners and Receivers in every County for the Raising the Land-Tax.

The Second Objection is, That this way of Raising Men is subject to great Abuses in the Execution. If the Choice of Men for Recruits be left to the Parishes, they will no more mind, than the Officers do, who can best be spared out of the Country and who not, but will chuse any Body they bear an ill will to, or that has the fewest Friends among them, or per∣haps the least Mony to make Friends; there are generally one or two Leading Men in every Parish, who govern all the rest, and make 'em do whatever they have a mind, when they meet to∣gether about any Business, and whoever these Men have any Spite against or Difference with, they will be sure to make the Choice fall upon them, and pack 'em away to Flanders; so that there

will be as great Abuses committed, if the Parishes chuse Men, as when it was left to the Officers to take who they could get.

In answer to this, I must confess 'tis true, and 'tis pity it is so, that all Assemblies of Men, from the highest to the lowest, are more or less subject to Partiality and Corruption; but the ill effects of 'em may be in a great measure, if not wholly prevented in this Case, by these or such like Di∣rections or Limitations in the Act of Parliament.

• 1. That if there be any Sturdy, Wandring Beggar, For∣tune-Teller, or the like Idle, Unknown, Suspected Fellow in the Parish, that cannot give a good account of him∣self, he shall be taken before any Body else.
• 2. That if there be none such, then any one that has been already in a Goal or House of Correction, shall be next taken.
• 3. If there be none such, then any one that has been often complain'd of, and been before a Justice of Peace for his Idle, Disorderly Life, shall be chose next.
• 4. That no Married Person or Widower, that is left with a Family of Children, shall ever be chose, unless it should so happen that they are such Notorious Incorrigible Rogues (as some such there may be) that the Parish had rather maintain their Wives and Children than be troubled any longer with them.
• 5. That one or two Justices of the Peace, who live in or near the Parish, and for that reason must needs know who are the Troublesome Disorderly People in it, that are fittest to be sent away, shall always be present when the Choice is made, to take Care that it be made according as the Act of Parliament shall direct, and if it be not, to declare it void, and make 'em chuse again.

I am satisfied that such Prudent and Particular Directions and Limitations might be thought of, if this Matter came to be considered in a Committee of Parliament, that would be sufficient to hinder any ill Practices in this way of Rais∣ing

Men; whereas, I confess, if the Parishes be left to their own Discretion, to chuse and send away whomever they shall think fit, they would, perhaps, in a little time be as much complain'd of as the Officers have been, and give as great Occasion for it.

The Third Objection is, That by this Means too many Men would be carried away out of the Country, and the Gentlemen's Lands be thrown into their Hands for want of Tenants.

This is an Objection, which if it were true, does indeed extremely concern the Country Gentlemen; but I hope they need be in no fear about it: For tho, perhaps, this Year, because of the Siege of Namur, there may be more Men wanted than ordinarily, yet, one Year with another, his Majesty does not want above Three thousand Recruits for the English Troops; and in England there are above Nine thousand Parishes, so that it would come to a Parish's Turn to find a Man but once in Three Years: Which, I suppose is not very likely to dispeople the Country, let the War last as long as it will.

The Fourth Objection is, That this way of Raising Recruits will make the Officers careless of their Men; the Charge and Trouble they are put to to get Men, makes 'em look after 'em when they have 'em; but if they are provided ready to their Hands, they will take no manner of Care of them, and lose more Men by half both by Desertion and Sickness than they do now.

This Objection is grounded upon a plain Mistake; for tho the Officers will be a little eas'd, as 'tis fit they should, they will be still very far from having all Charge and Trouble wholly taken off their Hands, for if their Recruits be de∣liver'd to them at the County Town (and thither is far enough to oblige the Parishes to send 'em) the Trouble and Charge of marching 'em from thence into Flanders will be enough to oblige 'em to take Care of them, and look after 'em, as well as they did before.

The Fifth Obiection is, That this is a New Thing, and we do not care for Novelties in England: We are in a Road and we will not leave it, we had rather bear with some Inconveniences than be troubled with a Thing we are not used to: Besides, we do not know what the Consequences of it may be, its a thing has never been practised yet in England, no Body knows what ill Effects it may have, new Projects are always dangerous, and no Good ever comes of them.

In Answer to this Objection, I desire to know why we may not make Use of a New Way of Raising Men as well as of Raising Mony, the Annuities for Lives, the Million Lottery, the Taxes upon Christnings, Marriages and Burials are all New Ways of Raising Mony, and never before pra∣ctised in England: And yet, being judged Useful in our pre∣sent Circumstances, their being New was not thought a sufficient Reason against them; nor indeed ought to be against any thing, for nothing is worse for being New, if it have no other Defect or ill Quality in it. There are abun∣dance of New Things, too many to name, found out and brought into Use almost every Day; from which the Nation receives great Advantages. In short, to quarrel with a thing meerly because it is New, is a very peevish, childish Humor, or rather the Humor of an ill-natured Cur, that snarls and barks at all Strangers he meets, for no other Reason but be∣cause they have New Faces. As to what is said, or rather prophesied, of, I know not what, ill Consequences and ill Effects that this Way of Raising Men may have, I cannot, for my Part, foresee any, nor imagine what they should be; but this I am sure of, that if any should happen hereafter, that are not now within View, they can never do much Hurt, since the Parliament meets now every Winter, and must meet every Three Years, after the War is over, and may alter or wholly abrogate the Act, as they shall think fit, if it should prove any way Hurtful of Inconvenient to the Nation.

The Sixth Objection is, That this Way of Raising Men is a Breach of our Liberties and Properties, a Violation of the Free∣dom of the English Nation, one of the Arbitrary Methods of the King of France, which 'tis not fit to imitate in Eng∣land.

This is the Objection that has prevailed most against this Way of Raising Men, and which the Gentlemen that oppose it insist more upon than any other; not, I suppose, because it's any better than the rest, for that it is not, but because to seem to assert, and talk for Liberty and Property, is always Popular, makes a great Shew, and gives a Man an Air, tho' it be nothing to the Purpose. Or perhaps they are the more fond of this Argument, for the Service they think it has done or may do them; but whatever Success it has had, or may hereafter have, I believe, I may assure them, that it will never be thought owing either to their Abilities in managing it, or to its own Force, but rather to the Influence of some blind Chance or Fate that presides over the Success of Reason∣ing and Discourse, &c. as well as over the Events of War, and often favours Non-sense in Opinions as it does Injustice in Arms, and without which it is scarce possible to conceive how an Opinion, so manifestly false and absurd as this is, should ever pass upon the World for Reason and Truth.

But how Fortunate soever it has been, that shall not hin∣der it from being fairly and throughly examined.

In order to which I shall consider the First Part of this Objection by it self, and reduce it to this single Propo∣sition,

That to make a Law to force Men to List themselves, and to Fight in Defence of their Country, against a Foreign Enemy, is a Violation of their Liberty.

This is a Full and True State of this Objection; which being thus fairly represented, and set in a good Light, I am confident that is enough alone, without any Reasoning or

Arguments to convince an Honest Unprejudic'd Person, who is free from the Engagements of Factions and Parties, of the Absurdity of it. I am as great a Lover of Liberty and Property as any Man, as jealous of the Rights I have received from my Ancestors, and as desirous to transmit them to Posterity, but I could never have suspected them to be in any Danger from a Law of this Nature: And that they are not, I shall endeavour to prove, by shewing.

• I. What the Rights are that Sovereign Powers claim over their Subjects, in relation to War.
• II. What the Obligations are that Men owe to their Country.
• III. What is the highest Liberty that can be injoyed in Society.
• IV. Wherein the Liberty of the English Nation consists: What we are free from, and what we are not free from.
• V. That, to be free from a Legal Obligation, to Fight in De∣fence of our Country, is no part of the English Liberties, and is wholly inconsistent with Society and Government.

I design but a short Discourse, and therefore cannot say so much upon every one of these Heads as I desire and they de∣serve. I begin with the First of them, viz.

What the Rights are that Sovereign Powers claim over their Sub∣jects, in relation to War.

Whatever the Rights of Sovereignty are, I suppose it will be granted me, That they belong in as full and perfect manner to the King and Parliament of England as to any other Sovereign Powers in the World: And that they are as high∣ly Sovereign in England, and have as much Power over their own Subjects as any other Prince or State has, or can have, over theirs. All Sovereign Powers, in all Nations, and un∣der all Forms of Government, have always claimed a Right to make use of the Persons and Estates of their Subjects, for

the Desence of their own Country, in Time of War, against a Foreign Enemy: And this Claim has hitherto been as uni∣versally submitted to as made, and that with the highest Rea∣son; for this is a Right Essential to Sovereignty, and inse∣parable from it: Without which it cannot answer those Ends that make Government Necessary and Beneficial to Mankind. Nor can Sovereigns discharge that high Trust that is committed to them, a principal part of which is to se∣cure their Subjects, by Force of Arms, from being insulted and subdued by Foreigners, as well as to make Laws to hin∣der them from Wronging and Oppressing one another at Home, to Defend them in War as well as Govern them in Peace. This is a Duty that high Station they are placed in lays upon them, and the Safety of their People requires of them, and which they are under an impossibility of Dis∣charging, if they have not a Right to command both the Persons and Estates of their Subjects. No Right that belongs to Sovereign Powers is more clear and undoubted than this; nor has any been more readily acknowledged on the Part of the People. This is a Right they never disputed with their Sovereigns; never accused of being Arbitrary and Tyran∣nical; never were backward in submitting to it; nor never thought themselves Oppressed when they were commanded to draw their Swords in Defence of themselves and their Country. There is no Instance in History of any People that were ever discontented, or which drew themselves from the Obedience of their Sovereigns for claiming such a Power as this over them: Amongst all the Unfortunate Princes that have felt the Resentments of their People, for their Miscarriages in Government, not one has ever suffered upon this account. It still remains upon Record what the English Nation particularly Charged Edward II. Richard II. and James II. with, when they were deposed: But I am sure, among the many Instances of their Breach of Trust,

Violation of the Peoples Liberties, and Subversion of the Laws and Government. It was never reck'ned for One, That they had made a Law, to oblige the People of England to List themselves, and Fight in die Defence of their Coun∣try, for the Support of their Government, and the Preser∣vation of their Liberty and Religion against a Foreign Ene∣my. I cannot deny but there have always been Princes, and still are, that abuse this as well as all the other Rights of So∣vereignty, that force their Subjects to serve in Wars they have made, meerly to gratifie their own Pride and Ambition, their Vanity and Wantonness, Ruining and Impoverishing their Countries, both without Necessity and without any Pretence of Good or Advantage to their People; and by this means make this Power, which they are intrusted with, for no other End but the Defence and Protection of their People, become an intolerable Grievance, and perpe∣tual Occasion of Misery and Calamity to them: And, no Doubt, forcing Men to serve in Wars of this Nature is a Violation of Liberty and Property in the highest manner. But, God be thanked, this is not our Case, no Man has ever yet had Ignorance or Impudence enough to say, That the King and Parliament of England begun or carry on the pre∣sent. War for any other End but the Common Interest and Safety both of England and all Europe: This War is not their Choice, but is forced upon them by the Ambition of France, and the proud Projects of her aspiring Monarch, whom nothing less can satisfie than the Glory of Enslaving Europe, and Restoring an Arbitrary Popish Prince to the Throne of England; whom it will be always the Interest of England to keep out, as long as the Protestant Religion is the Interest of a Protestant Nation, and Liberty the Interest of a Free People.

The Second Thing to be shewed is, What the Obligations are that Men owe to their Country.

That it is Mens Duty to Fight in Defence of their Coun∣try, against a Foreign Enemy, is so certain and undoubted, that to make a Law to force them to do it can never be a Breach of their Liberty, unless they have a Liberty to be wanting to their Duty.

This Duty they are obliged to principally for Two Rea∣sons.

1. Because they receive Protection from their Country, both for their Persons and Estates, and are therefore obliged to contribute with both to her Preservation: It is her Justice that covers both the one and the other from Injury and Vio∣lence; and it is her Laws that convey to Men the Honours and Estates of their Ancestors, and secure them in the Peace∣able Enjoyment of the Fruits both of their own and their In∣dustry. In short, all that Peace, Safety and Rest that make both Mens Lives and Estates a Blessing to them, they owe entirely to the Government of their Country. These are the Benefits she bestows equally upon all Men, which their An∣cestors have enjoyed for many Ages, and which she still re∣serves for their Posterity: And, in Consideration of Bene∣fits of so high a Value, she claims a Right over the Persons and Estates of all Men, to make Use of them in her own Defence, and employ them against all her Enemies, both Rebels and Foreigners, for the Safety and Preservation of those Laws and Government to which all Men owe their own.

2. A Second Reason why Men are obliged to Fight in De∣fence of their Country is, Because they are Trustees for Po∣sterity of those Rights and Privileges they have received from their Ancestors, and therefore cannot suffer them to be lost, for want of Defending them, without being guilty of the highest Dishonesty arid Breach of Trust.

English-Men have received from their Ancestors, the best constituted Government, perhaps, in the World, the purest

Religion, and the perfectest Liberty: These are all things of inestimable Value, which our Ancestors have both purchased and preserved, with a vast Expence of Blood and Treasure; and have handed down to us from Age to Age; not with De∣sign only that we should enjoy them our selves, but that we should secure their Descent to Posterity, by a resolute Asser∣tion and vigorous Defence of them, against all those that en∣deavour to subvert and extirpate them; and whoever shall so far forget the Duty he ows both to his Ancestors and his Country, both to the present and succeeding Generations, as to betray a Trust of such high Importance, and instead of that Liberty and Purity of Religion, which he has received from his Fathers, leave an Inheritance of Idolatry and Sla∣very to his Children, as he is the highest Dishonour to his An∣cestors, so he is the bitterest Curse to his Posterity.

From these Two Reasons it is plain, That Men lye under all the Obligations of Honesty, Honour and Justice to draw their Swords in their Country's Defence: And this is not more their Duty than it is their Interest, as all the Members of the Body do necessarily bear a Part in its Sickness or Health, so all Men share in the Adversity or Prosperity of their Country; if her Affairs go ill theirs cannot go well; if she be in a bad Condition, they cannot be in a good one, and therefore when they promote her Interest they promote their own; and in the Assistance they lend her against her Ene∣mies they find their own Security and Defence; and what∣ever Good they do for her they never fail to reap the Benefit of it themselves: Mens doing good Offices for their Country is like the Earth's sending up Vapors to the middle Region, which fall back upon her self in fruitful Showers; or like a People in Parliament, giving Mony to a King, who lays it out all for their own Use, by imploying it in a War for their own Defence: Such are the Returns a Man receives from those Services he does for his County, whom he cannot serve

without serving himself, nor promote her Happiness without, at the same Time, procuring his own and his Posterities. There was never any Duty better known, nor better pra∣ctised among the greatest and most civilized Nations of the World, than this a Man ows to his Country. Nothing was esteemed an higher Honour among the Greeks and Romans than to Fight in Defence of their Country, [so far were they from thinking it a Violation of their Liberty to be obliged to it] and those that fell in her Quarrel, as they left a glori∣ous Memory behind them, so their Poets, never failed to place them in the Elyzium Fields, and Crown them with Garlands.

Hic manus ob Patriam pugnando Vulnera passi, Omnibus his vivea junguntur tempora vibla. Vir. Aen. l. 6.

The Third thing to be shewed is, What is the highest Li∣berty that can be enjoyed in Society.

When Men enter into Society, they necessarily part with all those Liberties that belonged to them in a State of Nature, and can pretend to none but such as are consistent with So∣ciety and Government, and the End for which they are esta∣blished; which is the common Good of all. And when this End is obtained, Men are as Free as the Nature of Society will permit; for the highest Liberty that Men can enjoy in Soci∣ety is to be governed by good Laws, Laws that tend to pro∣mote the Interest and Welfare of the whole Community, and are made in such manner as the Constitution of the Govern∣ment requires. This is the highest Liberty that it is possible to conceive or aim at in Society, and no People under Govern∣ment can be Free, in a more perfect manner than this is, if we attempt to Carry Liberty any higher, we quite destroy it, and set Men free from all Laws and Government; for if men be not subject to good Laws, I suppose they are not to bad ones, and then they are subject to none at all, but must

separate and live asunder, and there's an End of all Society and Government. To say therefore that a Law, that is for the Publick Good [as a Law to oblige Men to list themselves, and fight in Defence of their own Country, against a Foreign Enemy, most certainly is] and is made in such manner as the Constitution of the Government requires, is a Violation of Liberty, is to say, in other Words, That Liberty destroys it self, That Liberty is a Violation of Liberty, and is as perfect Nonsense, and as staring a Contradiction as any is in Transubstantiation.

The Fourth thing to be shewed is, Wherein the Liberty of the English Nation consists: What we are free from, and what we are not free from.

The Liberty of the English Nation consists in being Go∣verned by Laws that are made by the King and Parliament, that are for the Publick Good, and that are. equal in respect of all Men. We are Free, in England from Arbitrary, Pow∣er; from Laws that are Destructive of the Publick Good, or are not made by the King and Parliament. But we are not free from good Laws, nor Laws that are made by the Authority of the King and Two Houses; if we are, we are free from all our Laws, for they all are, or ought to be thus qualified, and a Law to oblige the Parishes to find Men for the Defence of the Kingdom, would he, when en∣acted, upon the same Foot with all the rest of our Laws, and as far from violating our Liberties, for it would have the Au∣thority of the King and Parliament, be equally laid upon all the Parishes, and be for the Publick Good of the whole King∣dom; for as long as this War is our Interest, it is certainly our Interest to Raise Men to maintain it, and that it is much more for the Advantage both of the Nation, and Army, to raise 'em in this manner, than in any other, I have already shewed, in the Beginning of this Discourse.

The English Nation is not Free, nor never can be, as long as the Government continues as it is, from the Obligation of a Law of this Nature; nor can such a Law ever be a vio∣lation of our Liberties,: If it be, all our Laws are, and 'tis impossible to make a Law that is not, and our liberties can never be secure 'till all Legislation be wholly laid aside; for every Law that is made as it ought to be, must be made by the King and Two Houses, this being the Way, the Con∣stitution of our Government requires; and it must be upon some account or other, for the Publick Good, for this is es∣sential to all Laws. And if when 'tis thus made it be still a Violation of our Liberties, 'tis plain Law and Liberty cannot consist together, and we must part with one of 'em, either give over making Laws, or take Leave of our Liberty. But such an extravagant Liberty, that sets Men free from the Ob∣ligations they owe to their Country, was never before claim∣ed or thought of in England; and I wonder the Gentlemen that think it a Violation of Liberty, to make a Law to oblige Men to list themselves, and serve their Country, with their Persons, do not think it so too to make 'em serve it with their Estates, and cry out upon the Laws for Raising Mony as Vi∣olations of Liberty, what can be the Reason they are so gra∣ciously pleas'd to be partial to these Laws? Are Men's Per∣sons more priviledg'd, or more under the Cover of Liberty and Property than their Estates? Does not the Liberty of England equally reach and cover both? Why then do they not harangue us every Session when the Land-Tax is granted, with the Danger that Liberty and Property are in by it? I will undertake with the same Reasons, and upon the same Grounds, That they shall prove a Law made to oblige Men to serve their Country with their Persons, to be a Violation of Liberty, to prove the Land-Tax that obliges 'em to serve it with their Estates to be so too.

Are not Men's Persons under the Protection of the Govern∣ment,

as well as their Estates? And do they not receive the Benefit of the Laws for the one as well as the other? Why then are they not equally oblig'd to serve their Country with both? Are not Men as free in England, in respect of their Estates, as they are in respect of their Persons? Why then is a Law made to oblige 'em to serve their Country with their Persons any more a Violation of Liberty than a Law to ob∣lige them to serve it with their Estates? The Liberty of England reaches Men's Estates in as full and ample a manner as it does their Persons, and equally covers both from Injury and Violence, but neither of 'em from being Serviceable to their Country. Whatever Right the King and Parliament have over Men's Estates, to make use of 'em for the Service of the Kingdom, the same they have over their Persons. And since these Gentlemen are such nice Asserters of Liberty, I must needs put 'em in Mind, that a principal part of the Li∣berty of the People of England is, to have good Laws made when they want 'em; for the want of good Laws is as great a Grievance, and as prejudicial to the Nation as the Establish∣ment of bad ones: When, therefore, a Law, if enacted, would undeniably be for the Good and Advantage of the whole Kindom, and there be an apparent Necessity of it, if we cannot obtain it, this is a plain and direct Violation of our Liberties.

The Fifth thing to be shew'd is; That to be free from a Legal Obligation, to Fight in Defence of our Country, is no part of the English Liberties, and is wholly inconsistent with Society and Government.

If the People of England have a Liberty, not to be oblig'd by any Law, to List themselves arid Fight in Defence of their Country, I should be glad to know where this Liberty may be met with: There is no mention made of it neither in Mag∣na Charta, the Petition of Rights, nor the Act declaring the Rights and Liberties of the Subjects; no Trace to be found of

it in any Records, or Journals of Parliament: No News to be heard of it, neither in the Common nor Statute Laws of England, no Year Books nor Books of Reports give any Light about it; and I am afraid an Enquiry after it would prove as vain and unsuccessful, as the Search of the Chymists after the Philosopher's Stone, or the Pursuit of the Heathens after Hap∣piness, which Mr. Dryden says, Rel. Laici

—Was never to be found, But vanish'd from 'em like Inchanted Ground.

No Instance can be given in any Age, that the Nation ever claim'd or made use of such a Liberty: On the contrary, our Ancestors were obliged by their Tenures, by Knight's-Service, to bear Arms for the Defence of the Kingdom, both at home and abroad; and they continued under this Legal Obli∣gation till the Restoration of K. Charles II. when Tenures by Knight's-Service, were taken away by Act of Parliament. And, at the same Time, or not long after, the Militia Act was made, by which the whole Nation is obliged to find Men for the Defence of the Kingdom; so that to be free from being oblig'd by Law to bear Arms for the Defence of their Country, is a Liberty the English Nation has never had, nor, indeed, any other Nation in the World, for it is wholly in∣consistent with Society and Government, and no where to be found but in a State of Nature; for Men cannot take the first Step toward Society, without being oblig'd to a mutual Assi∣stance of one another, for the Preservation of the whole: This is the very Foundation of Society and Government, without which all Societies must dissolve, and Government be∣come impracticable; for the first Rebellion at Home, or War from abroad, must needs destroy any Government, if no Body be oblig'd to defend it. This Obligation therefore is Es∣sential to the very Being of Society and Government, and Men cannot pretend to be free from it, without breaking

those Bands by which Societies are held together, and dis∣solving that Union which is the Life of 'em, for it is the Union of the Members one with another for their Preserva∣tion, that constitutes Society, and distinguishes it from a state of Nature, in which Men live separate, and have no Dependance one upon another, and as they receive no Bene∣fits from any, so they owe no Obligations to any, are con∣cern'd in no Bodies Preservation but their own, nor oblig'd to Fight upon any other account, but the Defence of their own Persons; but whenever Men quit this Brutish Way of Liv∣ing, and enter into Society, it necessarily lays upon 'em an Obligation of Mutual Assistance for one another's Defence, for this is the very End and Design of Society, is indispens∣ably necessary to its Preservation, and is also founded in the highest Reason and Equity; for as Men lend their Assistance for the Preservation of the whole, so they receive the Assi∣tance of the whole for their whole, as they contribute to the Support of Society, so they share in all those Benefits that are the Effects of it, and cannot excuse themselves from per∣forming what is requir'd on their part, as Members of Society, without, at the same time forfeiting their Right to those Re∣turns that Society makes 'em. Such a Liberty therefore that pretends to set Men free from the Obligations they are under to bear Arms for the Defence of their Country, is both highly unreasonable, and utterly inconsistent with Society and Go∣vernment.

I have now gone through these Five Heads, and tho' I have not said much upon any of 'em, yet I hope I have said enough to satisfie any unprejudic'd Person, That a Law to oblige the Pa∣rishes to furnish Men for Recruting our Troops, is no Viola∣tion of our Liberties: If it be, neither we nor our Ancestors, neither our own nor any other Nation has ever yet been Free; nor has there ever been any such Thing as Liberty in

the World; for it has been the constant Practice of all Na∣tions, without Exception, to make use of their own Subjects in Time of War, and oblige 'em by Publick Authority to Fight, in Defence of their Country, against a Foreign Ene∣my. It were easie to bring Instances enough of this, if it were necessary, that it has been so in England, the Tenures by Knight's-Service and the Militia Act, are sufficient Eviden∣ce. But, perhaps, it may be said, That the Militia Act is no Violation of our Liberties, because it does not oblige our Men to go out of the Kingdom to Fight: That is, if the French will come over and Fight fairly upon Salisbury-Plain, we may make as many Laws as we will, without hurting our Liberties, To force Men to List themselves, and Fight 'em; but to make our Men go over the Channel to 'em, and Fight 'em in Flanders, is a manifest Violation of our Liber∣ties. I cannot imagine why a Law to oblige the Parishes to furnish Men should be thought any more a Violation of Li∣berty in England than it is in Scotland? The Scots have always had as great Liberties as we, and been as jealous of them, and yet they have made a Law lately to oblige the Parishes in that Kingdom to Furnish Men to Recruit their Troops, and I have not yet heard that any of 'em have complain'd of it, as a Violation of their Liberties, nor, I believe, never will.

I suppose, after all, it will be said, That it is an hard Case to take Men by Force and make 'em serve; and that Men's Per∣ons ought always to be Free.

To which I answer, That Law is Authority, and not Force, and tho' to take Men by Force be hard, because 'tis Illegal, to take them by Law is not so, especially when 'tis so order'd in the Act, that the Choice of the Parishes shall fall principally upon such Loose, Disorderly Persons that are better spar'd than kept; and, I hope, I have already prov'd, That Men have no Liberties belonging either to their Persons or Estates, neither in England nor any where else, that exempt 'em from

Serving their Country, when the Supreme Authority com∣mands it, and the Publick Good requires it.

I come now to the Second Part of this Objection; which is, That this way of Raising Men, is one of the Arbitrary Methods of the King of France, which 'tis not fit to imitate in England.

The Word Arbitrary, rightly understood, when applyed to Laws and Matters of Government, signifies the Abuse of Civil Power. The End of Civil Power, where-ever it is plac'd, whether in a single Person or many, is the Good of the People, and when Princes or States make use of it for any other End, they abuse it, and act Arbitrarily, that is, set up their own Will and Pleasure, and pursue their own Pri∣vate Ends, instead of the Publick Good, which alone they ought to look at, and design in all their Actions. Whatever therefore is for the Publick Good can never be Arbitrary, and what is not so is always Arbitrary, and can never be other∣wise. Hence it's evident, That to make a Law to Raise Men upon the Parishes, to carry on a War that is for the Publick Interest, can never be Arbitrary, let it be whose Method it will; because, for the most part, the Actions of the King of France have been Arbitrary, many People think, that whatever he does is so: And if it be once known that the King of France does a thing, that is enough with them, without any further Enquiry into it, to cry out against it as Arbitrary and Tyrannical; just as the Fanaticks think every thing Superstition in that is practised in the Church of Rome, because many things in that Church are so. But the King of France, tho' he be always Sovereign, he is not always Arbi∣trary, he is only so when he acts Arbitrarily, which, as bad a Prince as he is, he does not always do: When he clear'd the Roads of Theves, and made Travelling safe; when he put an End to Duels in France, by severe Laws, and a strict Ex∣ecution of them: These things were for the Good of his People, and therefore not Arbitrary. It does not follow

therefore, that a thing is Arbitrary, meerly because the King of France does it, tho' I must confess, I think the King of France's Raising Men, to Serve in this present War, either on the Parishes in France, or in any other maner, is Arbitra∣ry, because the War it self is so on his Part; The Thirst of Glory, and the Airy Hopes of Ʋniversal Monarchy were the only Motives that ingaged him in this War; which he entred into with great Pride, and Contempt of the rest of Europe, not mov'd by any Prospect or Design of Good or Advantage to his People, nor forc'd by any Necessity or Danger that threatned either himself or them from any of his Neigh∣bours, for both he and they, and all Europe might have en∣joy'd a long and happy Peace, if his own Restless Ambition would have given leave: Not only therefore his Raising of Men in any manner whatever, but his Raising Mony, and eve∣ry thing else he does, to carry on a War of this Nature, cannot but be Arbitrary in him, because the War he makes is it self so. But the Case is otherwise in Respect of the Allies, who make War against him only to put a Stop to the Growth of his Power, and secure themselves from the Injustice of his Arms; and therefore the Methods they make use of to Raise either Men or Mony, to carry on the War, cannot be Arbitrary, because the War itself is so much the Interest of their Subjects, and so absolutely necessary to their Preser∣vation.

These are all the Objections that I ever heard, or can think of, against making a Law to oblige the Parishes to furnish Men for Recruiting our Troops; and I hope I have, accord∣ing to my Promise, both fully and fairly examin'd the Opini∣on of those Gentlemen, who think this way of Raising Men a Violation of our Liberties; and I have done it the rather because I was willing, once for all, and to purpose to Expose and baffle an Opinion that is not only False and Absurd in it

self, but very prejudicial to the Nation, and will become more so every Year, as the War continues, and the Dif∣ficulty of Raising Men encreases, which will be greater every Year, and Men grow more scarce, as the War is drawn out in Length; nor can it possibly happen other∣wise in long Wars, in which so many Men are destroy'd every Year, both at Sea and Land: 'Tis against the Inter∣est of the Nation therefore for any Person to put it into Men's Heads, that 'tis a great Wrong to 'em, and an high In∣justice done 'em to take 'em against their Wills, and make 'em serve their Country either at Sea or Land; and that tho' this should be done by Law, yet 'tis nevertheless a Violation of their Liberties, and a down-right Oppression of em; if such an Opinion should happen to spread, and be once throughly rooted and fix'd in the Minds of the People, it might prove very dangerous, and have very ill Consequen∣ces, if the Nation should happen by a long or unsuccessful War, to be brought into great want of Soldiers or Sea∣men, and drove to make use of Extraordinary Methods to Raise 'em. Our Seamen think themselves hardly enough dealt with already, and are dissatisfied enough with their be∣ing forc'd to serve, but no doubt they would be much more so, if it were once told 'em, That no Law nor Authority whatever could oblige 'em to serve against their Wills, that the Liberty of England protected 'em from it, and that to force 'em to it was the most outragious Violence and the highest Injustice in the World, let it be done by the King and Parliament, or whoever it would; if they once under∣stood this, and throughly believ'd it, and did not Mutiny or make some Disturbance to deliver themselves from such an Oppression, the Nation would be no more beholding to their Loyalty than to those that maintain such Opinions; that the King and Parliament of England cannot command the Persons and Estates of their Subjects for the Defence of the

Nation, against a Foreign Enemy; and that if they make a Law to this effect it is a Violation of our Liberty: Is an Opinion so monstrous and extravagant that one would think no Man could be so far forsaken of all Understanding and Common Sense as to maintain it; but when Men talk thus, it looks as if they were more forsaken of Honesty than Un∣derstanding.

I must needs make bold to take one View more of the Liberty these Gentlemen maintain, before I take my last leave of it; and this Curiosity is very pardonable in me, since this Liberty is certainly a Stranger in these Parts of the World, whatever it is elswhere.

All Englishmen then have, as you say, Gentlemen, a Li∣berty not to Fight for their Country, and no Body can make 'em do it, unless they, kind Hearts, should happen to be in a good Humor, and offer their Service themselves; tho' the English Fleet should be sunk, and the Army destroy'd, yet Englishmen may stand still with their Hands in their Pockets, and look on, and no Body can make 'em strike a Stroke. This is their Liberty, and no Body has a Word to say to it; nay, tho' the Kingdom it self were sure to be lost, our Laws, Liberties, Religion, Government and all with it, yet nei∣ther the King nor the Parliament, nor both of them toge∣ther, with all their Laws and all their Authority, can make a Man of 'em Fight to prevent it, no not so much as a Tin∣ker, Fortune-Teller or Ballad-Singer, their Persons are all privileg'd, all Sacred, all under the Protection, of Liberty, which no Body must dare to violate; tho, perhaps, all the while, these Sacred Persons of theirs lye Stinking in a Jail, a Prey to Vermin and Nastiness, or else in a House of Cor∣rection, under the Discipline of a brawny Arm and twisted Whip: But it's no matter for that, let 'em be where they will, either Playing the Rogue or suffering for it, if we

offer to hang a Sword by their Sides, or put a Musket in their Hands and make 'em Fight for their Country, immediately Liberty receives 'em into her Sanctuary, and there they are as safe as if they were in an Inchanted Castle; it's in vain to hope to come at 'em, they are quite out of the Reach of all Law and all Authority, the King and both Houses may throw their Caps at 'em. Why now, believe me, Gentle∣men, this is the most glorious Liberty the English ever had, since they were a Nation: How high will it raise the Ho∣nour of our Country? What a Terror shall we be to our Enemies? How famous will it make our Courage? How invincible our Armies and Fleets, and inaccessible our Island? Bless me! Gentlemen, what an inestimable Treasure have you found out for us? A Liberty far more worth than all the rest of our Liberties, or all the Blood and Treasure they cost our Ancestors: With what Joy must it needs be receiv'd both by the present and succeeding Ages? How happy will it make both us and our Posterity? Give me Leave, Gentle∣men, to adore you for the Discovery of it; Hail Darlings of Heaven; hail highly favour'd, you, alone, among all Mankind were found worthy to have the Honour to reveal this Secret to the World, that has lain hid from Ages and Generations, which our Ancestors could never arrive to the least Knowledg of, nor Posterity would never have heard of it, if you had not enlightned the World with it. How happy is the Eng∣lish Nation to have such able and faithful Patriots as you, who not only support our Ancient Liberties, but find out new ones for us; What may we not expect from your Zeal and your Abilities? It ravishes me to think how gloriously Liberty will flourish in our Days; what Improvement will be made in it; how Magna Charta will be inlarg'd, and how many Volumes of New Liberties will be writ, all as Glo∣rious and Honourable, and as much for the Interest of the Nations as this is.

It was for the sake of this Liberty, no doubt, Gentlemen, that the late King James went away, and left his Army on Salisbury-Plain; he knew Englishmen could not be made to Fight against Foreigners without violating their Liberties; and therefore rather than make 'em do that, he chose, out of a tender Regard to the Liberties of England, to go his ways, and lose his Kingdom. Now, I must tell you, Gen∣tlemen, That, notwithstanding all his Faults, this was ve∣ry kindly done of him, and shews he lov'd the Nation, and understood it's Liberties well. And so, it seems our Admiral did, that we had in the beginning of this War; he knew the Seamen had been Press'd, and that it was a Violation of their Liberties to force 'em to Fight; and therefore, when the French came up to him, near the Isle of Wight, he bore away from 'em as fast as the Wind and Tide would carry him, bravely maintaining the Liberties of England, quite from Spithead to the River's Mouth. But his Successor, Gen∣tlemen, one may say it among Friends, has not behav'd him∣self so well in this Point as he did, for happening to meet with the French Fleet some Years after, much about the same Place, what does he do but fall on without any Regard to our Liberties, and there was he at it for above an Hour, Fist to Fist with Admiral Tourville, and all the while the poor Seamen's Brains and their Liberties flew about together, in the sadest manner; I protest to you, Gentlemen, 'twas a shame to see it. Between you and me, Gentlemen, he may be an honest Man, but really he does not understand the Business of Liberty; I believe he means well, but he has not seen so far into that Matter as you have done: Pray, Gentlemen, take a little Pains with him, and set him right, and give him a Copy of the English Liberties to put in his Pocket when he goes to sea again; but let it be a Copy of your own making, Gentlemen, not drawn out of Magna Charta, nor any Records or Journals, but Fire-new from your own Brains. And,

pray, when your Hands are in, don't forget to furnish our Officers with Copies when they go back to Flanders; they have as great need of 'em as our Admiral, I assure you Gen∣tlemen, they take no Care at all of our Liberties when they come into Flanders, 'tis a sad thing to see how they make our Men Fight there: It has been many a Heart-breaking to me to see what havock has been made of the English Liberties this last Campagn. We are more beholding, in this Point to two good-natur'd Foreigners, that commanded in Dix∣mude and Deynse than to all our own Countrymen; they had heard, no doubt, that they could not make the English Troops, they had with 'em, fight without violating their Li∣berties, and therefore, rather than offend our Men in so nice a Point as that, surrendred their Garrisons without striking a Stroke: This was indeed, Gentlemen, a greater Proof of their Love than we could have expected from Foreigners, and they ought to have the Thanks of the Nation for the Care they took of our Liberties.

But let us leave Flanders, if you please, Gentlemen, and return to our own Island, and there bewail again the De∣plorable Condition of our Ancient Kingdom of Scotland; 'tis a Melancholy thing to think how that late flourishing Kingdom is over-run with Slavery, since the making of the Law to Raise Men upon the Parishes, there is no more Li∣berty left in it than there is Episcopacy, from Berwick to the Orcades, not a Scotchman but is as perfect a Slave as any serves in the Galleys in Turkey; and this sad Calamity has befallen 'em meerly for want of such good Patriots as you. O hap∣py England! and happy Englishmen, on whom Heaven be∣stows such distinguishing Favours, such inestimable Blessings that it denies to all other Nations of the World. Really, Gentlemen, we should be extreamly alarm'd in England, and in a dreadful Consternation, to see that Slavery is come so near us, and has already taken Possession of one End of our

Island, but that we know we are under your Protection, and have an entire Confidence in your Conduct and Courage, we know you are always upon your Guard, and that you will not suffer this Scottish Slavery to enter England; that you are ready to bid it Defiance, if it should offer to advance one Step Southward. Methinks I see you already, Gentlemen, upon the Banks of the Tweed, performing Deeds of Immor∣tal Honour, and vanquish'd Slavery flying from the Terror of your Arms, frighted and amaz'd, drove back and forc'd to retire to a long Distance from the English Borders. With∣out Flattery, Gentlemen, you are the most renown'd Cham∣pions that Liberty ever had, none ever distinguish'd them∣selves so much in her Service as you have done; you, and you alone, of all Mankind deserve to be honour'd with the glo∣rious Title of her Knights; she, fair Lady, was danger∣ously assaulted by an hard-hearted Soldier, who begun to handle her as roughly as he us'd to do the French, and, when she was in the greatest Distress, just upon the Point of being Forc'd, Dishonour'd and Ruin'd, then stood up the Knights of Liberty, and with a Noble Courage and high Resolution, undertook her Rescue; nor did ever the renown'd Knight of the Mancha ingage with more undaunted Bravery, for the sake of his incomparable Dulcinea: Nor could Fate deny Success to the resistless Armes of such invincible Knights, the Lady was deliver'd and her Ravisher put to flight; then Fame blew her Trumpet, and loud Voices of Tri∣umph were heard: Some sung the Beauties of the Rescued Lady, some the matchless Prowess of her Victorious Knights! Gentlemen, 'tis a thousand Pities you live in an Age and in a Nation where Merit is not understood; had you liv'd among the Romans, they had no doubt set your Statues in the Capitol among their Gods; and its a Shame the Mayor and Aldermen of London should have their Heads so full of Kings and Queens as to forget you; and that among all the

Statues they have set up upon the Exchange, not one is to be found to the Honour of the Knights of Liberty. And its still more unpardonable that no Body has yet set you astride in Lincolns-Inn-Fields or Covent-Garden, and that none of our Squares are yet honour'd with your Heroick Exploits engra∣ven on Columns of Brass, and cut in Marble Pillars. Oh! 'tis a base ungrateful Generation this, far unworthy to be∣hold your Glorious Actions, or enjoy the Benefit of 'em, but in spight of all its Ingratitude and Neglect, your high Atchievements shall be registred in the Temple of Honour, and Fame shall eternize the Memory of 'em; in every Page of whose Book Posterity shall read your noble Exploits, and equally honour the Knight of Liberty with Amadis de Gaul, and the famous Don Quixote de la Mancha.

FINIS.