THat the King's Favour is the effect of the duty I have paid Him, (which your Lordſhip is pleas'd to call Service) is the moſt welcome and pleaſing part of His kindneſs; and I truſt We ſhall ſtill ſee ſuch times, that no man ſhall hope to have it, or keep it on any other account. The right application of Rewards and Puniſhments, is the ſteady Juſtice of a Nation; where, though the Rewards of Kings exceed what a Subject can merit, they ſhould never reach him that demerits. To return Good for Evil may be an obligation of Charity; It is never of Bounty. And the taking off (as they call it) of an Ambitious, and therefore a Factious man, by Favours, is the worſt way to ſtop or open his mouth; for he will whiſper one way louder, than he will ſpeak the other: And when you think you gain one Enemy, you make many.

On ſuch an occaſion as this, I think it very proper to give your Lordſhip ſome account, what conſiderations I have had, in order to the diſcharge of my duty in this place, ſince the King's firſt intimations of His pleaſure.

And that reſpects Matters, either as they ſtand betwixt the King and his People, or betwixt Man and Man.

For the firſt,

I know that the Law gives ſuch Prerogatives to the King, that to endeavour more were to deſire worſe; and it gives to the People ſuch Liberties, that more would be licentious.

What then hath a man to do that hath Courage enough to be honeſt, but to apply his Underſtanding to the Miniſtration of thoſe Laws juſtly to both: Wherein I may ſay, that the Caſes will be rare that will be difficult in themſelves. They may be made ſo from ſiniſter Cauſes; when men thinking to ſerve a Turn, or like Pilate, to pleaſe the People, deliver up that which is right to be crucified. Then they are fain to rack their Fancies to make good their Faults. This makes ſuch nice Diſtinctions, and ſuch ſtrained Conſtructions, till they leave nothing plain in the world. Whereas in truth, the Duty we owe to the King and his People, is like the Duty we owe to God, not hard to underſtand, whatever it is to practice.

This Court, my Lord, 'tis true, is properly a Court of Meum and Tuum, where Prerogative and Liberty are ſeldom Plaintiffs or Defendants. But yet 'tis certain, that even in private Cauſes, matter of Government many times intervenes, and the Publick is concerned by Conſequence. And therefore I think it fair, and like Engliſh honeſty and plainneſs, ſomething to unveil one's ſelf in that particular, that men may know before-hand what they may expect. And herein I do declare, I would no more wrong or leſſen the People's Liberties, than I would ſacrifice up my Son. But then I will no more derogate from the King's Prerogative, than I would betray my Father.

My Lord, In times when Faction is ſo bold as to be bare-fac'd; and falſe and ſeditious News is openly talk'd, and greedily embrac'd; when the King's reaſonable Demands are diſputed, and turned into Cavils, and thoſe that oppoſe 'em talke confidently; and thoſe that ſhould maintain 'em ſpeak fearfully and tenderly; when the Reverence we owe to the King is paid to the People; the Government is beſet, the King is in danger, and there is nothing wanting but opportunity.

But when to prevent that opportunity, men are afraid, and hold it dangerous to avoid the danger; when we dare not call a Crime by its right name; and for ſome, find none; and a Miſchief muſt be effected, before we will think it one: When dangerous Attempts are minc'd, and by ſome trivial difference Treaſon is diſtinguiſh'd into a Treſpaſs; when men are forward and venturous enough in what thwarts the Government, but in ſupporting it ſeem grave and cautious, nice and timerous, and ſo fill'd with Prudentials, till they are as wiſe as fear can make 'em; The Law is enervated, and becomes uſeleſs to its greateſt end, which is, the preſervation of the whole.

'Tis true, in Publick Cauſes, the ſame Integrity is neceſſary as in Private; But that is but part of a Judge's Duty. He muſt be Magnanimous as well as Virtuous. And I acknowledge it to be a main and principal part of my duty, as it relates to the King and his People, with hearty reſolution to ſuppreſs all open Force, and private Confederacies; not thinking any thing little that attempts the Publick Safety; for when the Motives are ſmall, the Danger is greater; when Diſcontents exceed their Cauſes.

And for the diſcharge of my Duty betwixt Party and Party, it is impoſſible to be performed without thoſe two Cardinal Virtues, [Temper] and [Cleanneſs of Hands] Temper comprehends Patience, Humility, and Candor. It ſeems to me that ſaying, Be quick to hear, and ſlow to ſpeak, was made on purpoſe for a Judge. No Direction can be apter, and no Character becomes him better: and he that would not be ſaid to have but one Ear, me-thinks ſhould be aſham'd to have none. And I appeal to your Lordſhips experience, if a patient Attention, accompanied with indifferent Parts, and a competency in the Law, with a mind fairly diſpoſed for Information or Conviction, will not, as to uſe and common benefit, exceed the profoundeſt Knowledge, and moſt towering Underſtanding, that is attended with an impetuous haſte, either out of a glory of Speaking, or too great a fulneſs of himſelf.

And for Humility, Though I will not ſay that every Impatient Man is proud, (becauſe that may ariſe from other cauſes) yet every Proud Man is impatient, ſometimes of Information, always of Contradiction; and he muſt be violent to maintain his own Imperiouſneſs.

Harſhneſs is a needleſs and unbecoming Provocation: It makes Men hate where they ſhould fear and reverence: And yet by Gentleneſs I underſtand, not Tameneſs, but Moderation; not without Rebukes, but without Taunts.

For Corruption, that Perverter of Law and Deſtruction of Property, that leaves in the World neither Bonum nor AEquum; for when he does Right, he does not Juſtice; and he that ſells Juſtice, will ſell Injuſtice. 'Tis not only to be avoided, but abhorred; and not alone in its direct Approaches, but in Relatives and Servants, thoſe By-ways of Bribery; and it becomes every Man ſo manifeſtly to deteſt it, that it may ſcare even the attempt: for no Man is ſufficiently ſafe unleſs to his power he avoids the ſuſpicion as well as the fault. Practice does one; and that which makes me ſpeak this, a publick Profeſſion againſt it, is the way to do the other.

And where Gifts prevail not; yet if Fear, Relations or Popularity ſway, 'tis the ſame thing. If there be a Byaſs put to a Man, it matters not of what 'tis made. Nay, theſe are worſe than Corruption by Money; for there both ſides may have the ſame Tools, when a Man cannot make himſelf a Kin, nor his Cauſe Popular.

And now give me leave, My Lord, to ſhew why I thought it fit, nay extreamly neceſſary to ſay ſomething on the Particulars I have mentioned.

Firſt, To ſatisfie your Lordſhip and the World I undertake not this Place without due Conſiderations of the Duty belongs to it. Next, It is ſome Tye upon a Man not to commit thoſe Errours he hath in publick declaimed againſt: for he muſt add Impudence to his Crime, to have his own words fly in his face, with which every Man will upbraid, and no Man can excuſe him.

My Lord, In a Diſcourſe on ſuch an Occaſion as this, where Men are concern'd in Point of Intereſt, (for ſo they are when a Judge is made) my Aim is not to ſay what will pleaſe their Humours, but what ſhould ſatisfie their Minds: Neither am I ſo vain as to think I ſhall do that with all; nor much concerned though it fall out ſo. If Reputation and a Good Name can be got by doing my Duty, 'tis welcome; but if it muſt be ſought by other Arts, I will be no Seeker; eſpecially conſidering that the Applauſe of the Multitude, that Contingent Judge of Good and Bad, rather attends the Vain than the Vertuous; and is oftner ſought by ſuch too. The Approbation of the Wiſe, which are the Few; and of the Honeſt, by which I intend, Men heartily affected to the Government, I acknowledge I earneſtly covet: For them that are otherwiſe, I court not their good opinion, becauſe I fear not their bad; and would not draw that ſuſpicion upon my ſelf, that Men may ſay, What Ill has he done, that thoſe Men ſpeak ſo well of him? I never was of their Party, nor never will be. And to be even with them, I think as meanly of them as they do of Loyalty; whoſe Miſfortunes are more to be eſteemed than their Triumphs. The good words of ſuch as truly love their Country, (which no Man ever did that does not love his Prince) indeed I highly prize, and will endeavour to deſerve; though your Lordſhip at this time has been beforehand with me in that Particular, by beſtowing them upon me firſt; and ſo many, that I am aſhamed I have been no better to have made 'em good: But becauſe your Lordſhip is willing and able to render any Man much better than he is, they ought to be eſteemed as the Proceed of a Generous Nature, and an Indulgent Prudence; which by telling me what I am, does but kindly inſinuate what I ſhould be.

My Lord, I will waſte no more of your time, though I omit thoſe uſual Returns of formal Thanks; for they are of courſe; or extream wondring at the great Surprizals of the Kings Favour; and thoſe humble, yet high Debaſements of ones Self, which look like Modeſty, but is a ſort of Bravery.

My Thanks ſhall be paid in (what the KING likes beſt) Service to His People. The Wonder will ceaſe by that time I get to the Bench: And my Defects are beſt confeſt by endeavouring to amend them.