to all subjects divine and human; that the least abridgment of this liberty is breaking in upon the laws of God and Nature, and setting up power against law; that such is our liberty, and our happiness, and to contend for it, is noble; but that to be eternally clamouring about liberty when we are in full possession, is romantick, base and unworthy, tends to make the people uneasie, and disposes them to desire a change.
As to the opinion of Timoleon, which the Craftsman had quoted from Mr. Bugdel, viz. That every man in a free state, ought to speak freely, and with impunity, whatever he thinks of another, Osborne will not allow, if inconsistent with the rights of others.
Says, 'tis not true, that there ought to be no punishment, but for blasphemy or treason; because there are many other cases both in private and publick life, wherein persons ought to be punish'd for writing, as in case of scandals against private persons, and libels against the Government.
Sums up all in saying, that there ought to be no restraint upon the press; that all men have a right to enquire into all opinions, and examine all subjects; to represent grievances; to shew what laws are pernicious or defective, or to lay before the publick all male-administration, agreeable to truth.
The Universal Spectator, Saturday March 6, No. 126.
OBserves, that a regulation of the LAW is a point of the greatest consequence to the publick, and has been long wish'd for. See p. 19. No. I.
That no law hath, or can have juster or better principles than the common law of England, [as it is dictated by reason, settled by wise men, aud confirm'd by custom; ] that the statute law is generally declarative of the common, when circumstances happen to render the latter disputable.
Of the common and statute is composed the law of the land, which might properly be call'd the Civil law of England; that the Romans understood no more by their jus civile, than that law by which every free people govern'd themselves; and that laws have their foundation in the law of nature.
Asserts, that the basis of our laws lay in the institutions of the native Britains, intermix'd from time to time with the customs of the Saxons, Danes, and Normans, as they became mingled with us, and the legal constitution always accommodated to the temper, manners, and situation of the people: That the customs then in vogue are but few and well known; but as this posture of things chang'd, new forms of practice were introduc'd, till at last precipitated into that miserable state of intricacy, expence and confusion, in which they are at present. See p. 98. 100, 213.
Enquires into the origin of the evils.
The first of these he reckons, is, the power of construction allow'd, or assum'd by the dispenfers of the laws.
Another cause which he assigns is the allowing so many deputies in juridical affairs.
A third, the modern practice of perquisite-taking, which he says, may be stiled a skreen from bribery.
Next to this he adds the confederacies enter'd into by the different degrees of under-officers for the mutual carrying on of these practices.
Then gives a detail of grievances arising from the present practice of the law, that pleadings are carried on in a tongue unknown to themselves, and unintelligible to the vulgar and the learned. See p. 106.
That a strange, uncouth character is used, having as little affinity to the Latin letters, as to Arabick.
Quotes a faying of an eminent Council, who declar'd he had read a story of a Man who was try'd for steal-ing
