As for Arbitrary Power of taking men into custody, for matters that had no relation to Privileges of Parliament, he says they have erred with their Fathers. If he confess that they have erred, let it be with all their Generation, still they have erred: and an error of the first digestion, is seldom mended in the second. But I find him modest in this point; and knowing too well they are not a Court of Judicature, he does not defend them from Arbitrary Proceedings, but only excuses, and palliates the matter, by saying, that it concern'd the Rights of the People, in suppressing their Petitions to the Fountain of Justice. So, when it makes for him, he can allow the King to be the Fountain of Justice, but at other times he is only a Cistern of the People. But he knows sufficiently, however he dissembles it, that there were some taken into custody, to whom that crime was not objected. Yet since in a manner he yields up the Cause, I will not press him too far, where he is so manifestly weak. Tho I must tell him by the way, that he is as justly to be proceeded against for calling the Kings Proclamation illegal, which concerned the matter of Petitioning, as some of those, who had pronounced against them by the House of Commons, that terrible sentence, of Take him, Topham.
The strange illegal Votes declaring several eminent persons to be Enemies to the King and Kingdom, are not so strange, he says, but very justifiable. I hope he does not mean, that illegal Votes are now not strange in the House of Commons: But observe the reason which he gives: for the House of Commons had before address'd for their removal from about the King. It was his business to have prov'd, that an Address of the House of Commons, without Process, order of Law, hearing any Defence, or offering any proof against them is sufficient ground to remove any person from the King: But instead of this he only proves, that former Addresses have been made, Which no body can deny. When he has throughly settled this important point, that Addresses have certainly been made, instead of an Argument to back it, he only thinks, that one may affirm by Law, That the King ought to have no person about him, who has the misfortune of such a Vote. But this is too ridiculous to require an Answer. They who will have a thing done, and give no reason for it, assume to themselves a manifest Arbitrary Power. Now this Power cannot be in the Representatives, if it be not in the People: or if it be in them, the People is absolute. But since he wholly thinks it, let him injoy the privilege of every Free Born Subject, to have the Bell clinck to him what he imagines.
Well; all this while he has been in pain about laying his Egg: at the last we shall have him cackle.
If the House of Commons declare they have just Reasons to fear, that such a person puts the King upon Arbitrary Councils, or betrays His and the Nations Interest, in such a Case, Order and Process of Law is not necessary to remove him; but the Opinion and Advice of the Nation is enough; because bare removing neither fines him, nor deprives him of Life, Liberty, or Offices, wherein State Affairs are not concern'd.
Hitherto, he has only prov'd, according to his usual Logick, that bare removing, is but bare removing, and that to deprive a man of a Publick Office is not so much as it would be to hang him: all that possibly can be infer'd from this Argument, is only that a Vote may do a less wrong, but not a greater. Let us see how be proceeds.
If he be not remov'd upon such Address, you allow him time to act his Villany; and the Nation runs the hazard.
I answer, if the House have just Reasons on their side, 'tis but equitable they should declare them; for an Address in this Case is an Appeal to the King against such a man: and no Appeal is supposed to be without the Causes which induc'd it. But when they ask a Removal, and give no reason for it; they make themselves Judges of the Matter, and consequently they appeal not, but command. If they please to give their Reasons, they justifie their Complaint; for then their Address is almost in the nature of an Impeachment; and in that Case they may procure a hearing when they please. But barely to declare, that they suspect any man, without charging him with particular Articles, is almost to confess, they can find none against him. To suppose a man has time to act his Villanies, must suppose him first to be a Villain: and if they suspect him to be such, nothing more easie than to name his Crimes, and to take from him all opportunities of future mischief. But at this rate of bare addressing, any one who has a publick profitable Employment might be remov'd; for upon the private Picque of a Member he may have a party rais'd for an Address against him. And if his Majesty can no sooner reward the Services of any one who is not of their party, but they can vote him out of his Employment; it must at last follow, that none but their own party must be employ'd, and then a Vote of the House of Commons, is in effect the Government. Neither can that be call'd the Advice and Opinion of the whole Nation, by my Author's favour, where the other two Estates, and the Soveraign are not consenting.
'Tis no matter, says this Gentleman; there are some things so reasonable, that they are above any written Law: and will in despite of any Power on Earth have their effect, whereof this is one.
I love a man who deals plainly; he explicitly owns this is not Law, and yet it is reasonable; and will have its effect as if it were. See then, in the first place the written Law is laid aside: that sence is thrown open to admit reason in a larger denomination. Now that reason which is not Law, must be either Enthusiasm, or the head-strong will of a whole Nation combin'd: because in despite of any Earthly Power it will have its effect; so that, which way soever our Author takes it, he must mean Fanaticism, or Rebellion: Law grounded on reason is resolv'd into the Absolute Power of the People; and this is Ratio ultima Reipublicae.
Furthermore; The King is a publick Person: in his private capacity, as we are told, he can only eat and drink; and perform some other acts of nature which shall be nameless. But his actings without himself, says my grave Author, are only as a King. In his politick capacity he ought not to marry, love, hate, make war, or peace, but as a King; and agreeable to the People, and their Interest he governs.