Nor is it sufficient that they be supported according to the condition of men in low life. This may be tho’t enough, if not too much, by those who imagine, that the more strait-handed they are upon the head of allowances, the more serviceable they shall be to the public. But there is such a thing in the state, as a “withholding more than is meet.” And it really tends to the damage of a government. Too scant an allowance may unhappily prove a temptation to officers, to be hard upon those dependent on them; and what they may injuriously squeeze out of them, by one artful contrivance or another, may turn out more to the hurt of the community, than if twice that sum had been paid out of the public treasury, and this evil, by means hereof, had been prevented. Besides, ’tis no ways fitting, that men cloathed with honour and power should be brought down to a level with vulgar people, in the support that is granted them. Their outward circumstances should be elevated in proportion to their civil character, that they may be better able to support the visible dignity of their station, and command that respect which is due to men of their figure. He that is governour should eat the bread of a governour; and subordinate officers should be maintained, according to the rank they bear in the state: Nor ought their honourable maintenance to be tho’t a matter of meer bounty; ’tis rather a debt, which can’t be withheld without injustice.
[To be sure, where their stipends have been established, or, at least, they have had reasonable encouragement to expect such a certain acknowledgment for their service, righteousness requires that it be paid them: Nor may it be tho’t that the same nominal sum, falling vastly below the real worth of the debt, will be sufficient to discharge it. It certainly is not sufficient, in the eye of justice, either natural or revealed; which respects no man’s person, but will do that which is right to the lowest, as well as to the highest officer in the state.
And the case, in point of equity, is really the same, where a government has come into no special agreement; but the ascertaining the quantum proper for the support of it’s officers, is left to it’s own wisdom and probity. For an allowance is due to them by the law of righteousness: And it ought to be granted, both in proper season, and full proportion, that there may be no reason for complaint, either of penurious or unjust dealing.
I may add here, the distribution of rewards, in case of extraordinary service done for a government, falls properly under this head of justice. For tho’ there may be bounty in it, there is also a mixture of righteousness. But however this be, it has been the practice of all nations to shew singular marks of respect to those who have distinguished themselves by their eminent labours for the public. And it is to be hoped, this government will never be backward, according to their ability, suitably to reward those who have signalized themselves, in doing service for their king and country.]
4. Another general instance wherein rulers should be just, concerns the liberties and priviledges of the subject. In all governments there is a reserve of certain rights in favour of the people: In some, they are few in kind, and small in degree: In others, they are both great and numerous; rendring the people signally happy whose lot it is to be favoured with the undisturbed enjoyment of them. And it would be no wonder, if they should keep a jealous eye over them, and think no cost too much to be expended, for the defence and security of them: Especially, if they were the purchase of wise and pious ancestors, who submitted to difficulties, endured hardships, spent their estates, and ventured their lives, that they might transmit them as an inheritance to their posterity.
And shall such valuable, dear-bought rights be neglected, or invaded by the rulers of a people? ’Tis a principal part of that justice which is eternally expected of them, as they would not grosly pervert one of the main ends of their office, to preserve and perpetuate to every member of the community, so far as may be, the full enjoyment of their liberties and priviledges, whether of a civil or religious nature.
Here I may say distinctly,
As rulers would be just, they must take all proper care to preserve entire the civil rights of a people. And the ways in which they should express this care are such as these.
They should do it by appearing in defence of their liberties, if called in question, and making use of all wise and sutable methods to prevent the loss of them: Nor can they be too active, diligent or laborious in their endeavours upon this head: Provided always, the priviledges in danger are worth contending for, and such as the people have a just right and legal claim to. Otherwise, there may be hazard of losing real liberties, in the strife for those that are imaginary; or valuable ones, for such as are of trifling consideration.
They should also express this care, by seasonably and faithfully placing a proper guard against the designs of those, who would rule in a dispotic manner, to the subversion of the rights naturally or legally vested in the people. And here ’tis a great mistake to suppose, there can be danger only from those in the highest station. There may, ’tis true, be danger from this quarter: And it has sometimes proved so in fact: An unhappy instance whereof was seen in the arbitrary reign of King James the second, in person at home, and by his representative here; as a check to which, those entrusted with the guardianship of the nation’s rights were spirited to take such measures, as issued in that revolution, and establishment of the succession, on which his present majesty’s claim to the British throne is dependent. May the succession be continued in his royal house forever! And may the same spirit, which settled it there, prevail in the rulers of the English nation, so long as the sun and moon shall endure!
But, as I said, a people’s liberties may be in danger from others, besides those in the highest rank of government. The men who strike in with the popular cry of liberty and priviledge, working themselves, by an artful application to the fears and jealousies of the people, into their good opinion of them as lovers of their country, if not the only stanch friends to it’s interests, may, all the while, be only aiming at power to carry every thing according to their own sovereign pleasure: And they are, in this case, most dangerous enemies to the community; and may, by degrees, if not narrowly watched, arrive to such an height, as to be able to serve their own ends, by touching even the people in their most valuable rights. And these commonly are the men, thro’ whose influence, either as primary managers, or tools to others, they suffer most in their real liberties.
In fine, they should express this care in a constant readiness to bear due testimony against even the smaller encroachments upon the liberty of the subject, whether by private men’s invading one another’s rights, or by the tyranny of inferiour officers, who may treat those under their power, as tho’ they had no natural rights, not to say a just claim to the invaluable priviledges of Englishmen.
The ancient Romans have set an illustrious example in this kind. Such was the provision they made to secure the people’s priviledges, that it was dangerous for any man, tho’ in office, to act towards the meanest freeman of Rome in violation of the meanest of them. Hence the magistrates who ordered Paul and Silas to be beaten uncondemned, feared when they heard they were Romans. And Lysias, the chief captain, was filled with the like fear for commanding, that Paul should be examined with scourging; when he understood, that he was born a freeman of Rome. And it would have a good tendency to secure to the people the enjoyment of their liberties, if these smaller instances of illegal power were carefully and severely chastised.
But justice in rulers should be seen likewise in their care of the religious rights and liberties of a people. Not that they are to exert their authority in settling articles of faith, or imposing modes of worship, so as that all must frame their belief, and order their practice, according to their decisions, or lie exposed to penalties of one kind or another. This would be to put men under restraint, as to the exercise of their religious rights: Nor are penal laws at all adjusted in their nature, to enlighten men’s minds, or convince their judgment. This can be done only by good reason: And this therefore is the only proper way of applying to reasonable creatures.
Justice in rulers should therefore put them upon leaving every member of the community, without respect of persons, freely to choose his own religion, and profess and