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reafon to be angry with one another, than any two adventurers who fearch for the fame treasure, tho' in different mines, and by different methods.

The

The Character of a TORY, &c., in 1679. In Answer to That of a TRIMMER, and written at the fame Time, but never printed.

N the first place I muft lay down one neceffary Obfervation to be remembred throughout this whole difcourfe,that a multitude of wife and vertuous fayings

arc fo intermixed with our TRIMMER's par

ticular

ticular opinions, that it is indeed the principal part of my work only to distinguish those uncontroverted points from the rest. And I cannot imagine why fuch plain undeniable truths are afferted with fo much eloquence, unless in them to wrap up the more dangerous opinions, which otherwife could hardly be swallowed by any unprejudiced reader. I confess I fo much reverence his good reasoning fometimes, that I cannot but grieve at his bad; and am aftonifh'd to find the fame man capable of fo unequal a mixture: yet after all, fuch is human nature at the beft, and who alas can help it? We were not men but angels, if we always thought as wifely as this TRIMMER docs. fometimes; but I must have leave also to say, we fhould be scarcely reasonable creatures, if fuch grofs errors as his are, could be capable of deceiving us however the very good reflections that he makes fometimes, deferve excufe for his bad ones; which alfo at the fame time they are condemned, yet claim methinks a kind of respect due to fuch illuftrious criminals.

To begin the trial, I join iffue with him in believing it a fault of government, when they at the bar feem to dictate laws, that

is,

is, domineer over those on the bench; but fure 'tis not so great a proof of learning in the lawyer, and of ignorance in the judge, as of arrogance in the one and remiffness in the other. Nor can I fee why a criminal's own proteftation of his innocence, may not be as good an argument at any time to prove it, and perfuade the people to believe it, as the reputation of his advocate, tho' never fo learned, who is bound to plead for him or any body else that gives him a fee. Sure, neither the perfon accused, nor he that pleads for him, can in reafon be fo credible in their own cafe, as the Twelve Judges, whom the wife always fubmit to, if they are able ones, in reason; and if they are ignorant, in prudence; because in all matters whatsoever, there must be fome perfons refer'd to on both fides, without appeal to the People; who, tho' perhaps in other matters, as trade, &c. they seldom mistake their intereft, yet can never be fuppofed impartial and judicious in cafes of this kind: Therefore my Lord BACON obferves well, That in a Judge, popularity is a greater fault than bribery; because every body is capable of flattery, but few of making presents. So that all which the TRIMMER fo enlarges on, VOL. II.

E

amounts

amounts to no more than this, That 'tis better for a nation to have honest and learned judges, than ignorant and corrupt ones; and what TORY denies it? Only in this the TORY is, fure, the more reasonable, that tho' he would never advife his Prince to choose ill men for judges, he would as little put the people on disliking them when once chofen, and would attribute fuch a mifcarriage or rather misfortune only to his Prince's not being omniscient, and consequently capable of being misinformed or imposed on. Now, methinks, this is more confiftent with what our TRIMMER fays afterwards, than he is with himself; for certainly the way to fuch a happy fettlement between King and People, as that one of them fhould be almost ready to adore the other, is not to quarrel with his proceedings, but rather to excuse them, tho' never fo faulty; for tho' our TRIMMER is fo zealous a Courtier, as he would have his King admired like a God, I fuppofe he does not expect he should really be one, that is, free from all manner of frailties.

WHAT Our TRIMMER fays about Armics is unanswerable, when they are employed not for defence of the Government,

but

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