DE FOE'S "ORIGINAL RIGHT."

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of right, public oppressions, and extraordinary niceties of state came into question." And he further observes, that "All the public declarations and manifestoes of princes, are in this respect, appeals to the people;" which he supports by examples from foreign history. De Foe adds, "This is an argument in which the author has this advantage of me; that what he advances has no danger in it, and what I ought to reply to it may, though it be really true: and under the restraint of this circumstance, I cannot say that to it which I think the case will bear."

Having disposed of this part of the Doctor's argument, De Foe proceeds to consider another of his political dogmas, which appears to have been framed for the purpose of effect, rather than of argument. It is this: "That wherever the last resort is, there is the sovereignty; and if among us the people have a right to it, then we are a democracy, and not a kingly government." To this De Foe replies, "Whether we have a democracy or a kingly government, is not my business to determine; but that the people of England are the last resort in England, admits of so much demonstration, both from the general practice of this nation, the tacit consent of kings and parliaments, and from the nature of the thing, that I cannot but say, it seems strange to me, that an author of so much knowledge in public affairs, should advance any thing so prejudical to the character all wise men had of his judgment. This has been already offered to the world, in answer to Sir H. M.'s 'Vindication of the Rights of the Commons of England;' and which that learned gentlemen never thought fit to reply to." In support of his doctrine of original power, De Foe introduces some extracts from his former work; and contends, that Though the collective body of the people are not a fourth estate, yet they are the centre of the other three estates, from whom constitution is derived, and for whom it is

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ABSTRACT OF HIS ARGUMENT.

formed. Parliaments," he adds, "are neither infallible nor immortal: the representative may die and be dissolved; but the represented body remains as the great centre of power, the fountain of original right, the last resort of lives, successors, and governors." In confirmation of his argument, he appeals to the late Revolution, as a case in point; and contends, that in all governments the nature of the thing implies, "That when succession, or representative power, ceases, the people collectively considered, have a native right to make settlements and constitutions for the maintaining of order and justice, and for the currency and execution of the laws. If not, confusion and inevitable destruction must be the effect of the demise of a line of kings, or the cessation of a delegated power."

De Foe guards his argument from the imputation of a mob doctrine, by an inquiry, who the people are of whom this original power is thus asserted? And these, he says, are the freeholders at large. In support of this theory, he quotes freely from his former tract, "Because," says he, "no man has ever yet thought fit to confront it either with reason or history." He adds, "Nor is this doctrine of original right any derogation from the just and full authority of parliament, who may, notwithstanding this, exercise all their full and extended privileges, in as ample a manner as is agreeable to all the just ends and purposes for which they were first intended." So far from having any design to lessen parliaments, he says, "I know them to be the bulwark of the people's liberties: but they are not infallible; they may err; and were it safe to speak all the truth, perhaps I might say there has been a time when they have been mistaken in many things."

As De Foe was now in durance vile, and had reason to know that his opinions were unpopular with the government, the discussion of such a subject was a service of danger.

ABSTRACT OF HIS ARGUMENT.

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To this he was not insensible; for he says, "Though I have the most hazardous point of the argument, in case by inadvertency I should offend the representatives of the nation now sitting, yet, as I resolve to say nothing but what is in inself true, and justified by infinite precedents, I presume that Honourable House never can resent that which comes in plain English, with truth in its company." There was then a strong party in the Commons, hostile to the rights of the people, and equally distinguished for intemperance. From the violent men who composed this faction, the friends to liberty had just cause for apprehension. But De Foe no where lays himself open to their malice. To a grave subject, he brings an appropriate gravity of discussion; uniting calmness of temper with a force of reasoning not to be resisted. In combatting the political tenets of his opponent, he treats him with more respect than was paid him by his own friends; and his language throughout is marked by the strictest decorum. Although this pamphlet has been hitherto overlooked as De Foe's, there is sufficient internal evidence of its genuineness; and it forms a proper companion to his former treatise upon the same subject.

CHAPTER VIII.

Publications to Blacken the Dissenters.—Leslie publishes "The Wolf stript of his Shepherd's Cloathing."-Levelled partly at De Foe.-Leslie's curious Apology for Hypocrisy.-His Notions of the Priesthood.-His Tools for Conversion.-Eulogizes the Stuarts.-His Account of the Impression produced by "The Shortest Way."-Character and Object of his Work.-De Foe replies to it in" The Dissenters' Answer to the High Church Challenge." -He reviews the Controversy with Clarkson and Delaune.-Defends the Politics of the Dissenters.—Strictures upon the Convocation.—Character of his Work.-De Foe publishes "The Christianity of the High-Church Considered."—Account of his Pamphlet.-Form of Prayer used by King William, published by Bishop Moore.-De Foe's Remarks upon it.-He publishes "Royal Religion."-In which he eulogizes the Piety of King William.-Testimony of Principal Carstares.-Project for restraining the Liberty of the Press.—Remarks upon the subject.-De Foe publishes his Essay upon the Regulation of the Press.-His Sentiments.-Tindal's Tract upon the same Subject.

1704.

NOTWITHSTANDING the late defeat of the high party in parliament, its leaders were far from abandoning themselves to despair, expecting that some future day would realize the accomplishment of their wishes. In order to this, they continued to load the press with criminations of the Dissenters, that judgment being delivered against them, they might the sooner be ordered to execution.

Upon this subject, a contemporary writer observes, "He that looks into the pamphlets that swarm against the Dissenters, like the Egyptian locusts, and darken the truth, as much as they did the land, will, instead of solid arguments

LESLIE PUBLISH ES THE WOLF STRIPT, &c." 153

for constant conformity, or calm replies to the reasons of the Dissenters for stated non-conformity, and an absolute toleration, find personal charges and invectives, that are either fictitious, antiquated, or impertinent. The old story of Forty-one, and of the Rye-House Plot, are new vamped, and set out to the best advantage, and the Dissenters are represented as regicides and Commonwealth's-men; and I know not what feigned designs are trumped up of introducing 'Harrington's Oceana, or the State of Noland;' of abolishing episcopacy, and of setting aside her present Majesty. The moderate churchmen, indeed, generally share these calumnies with the Dissenters. But when they have made the Dissenters, in association with the moderate churchmen, enemies to the church and to the nation, the next thing is to set the Dissenters at variance among themselves.*

The opening of the year 1704 was one of the busiest periods in the history of party. As the props of bigotry began to give way, its champions redoubled their efforts, and were met by corresponding exertions from their opponents.

The cause of toleration, which had been so ably pleaded by De Foe in various publications, was now attacked with great fury by the great high-church champion, Leslie, in "The Wolf Stript of his Shepherd's Cloathing. In Answer to a late celebrated Book, intitled, Moderation a Virtue;' wherein the Designs of the Dissenters against the Church, and their Behaviour towards her Majesty, both in England and Scotland, are laid open. With the Case of Occasional Conformity considered. Humbly offered to the Consideration of her Majesty, and her Three Estates of Parliament. By One, called an High-Churchman. With my Service to Dr. Davenant. Sold by the Booksellers of London and Westminster, 1704." 4to. pp. 108. The work bearing this singular title, was directed principally against Mr. Owen,

* Case of the Dissenters Reviewed, p. 66.