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State Tracts

Containing Many Necessary Observations and Reflections on the State of our Affairs at Home and Abroad; With some Secret Memoirs. By the Author of the Examiner [i.e. William Oldisworth]

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A POEM
  
  
  
  
  
  
  
  
  
  
  
  
  
  

A POEM

Occasion'd by the Promotion of the Right Honourable Sir Thomas Trevor, now Lord Trevor, to the Dignity of Lord Chief Justice of the Common-Pleas.

Ante triumphales currus Ecclesia præses
Justitia & Pietas, cingit utrumque latus.
Inter purpureas fulget clementia turmas
Virtutum glomerans, agmine tota Cobors.

Let Britain now adorn'd with Justice Shine,
And by her Pow'r shew she's of Race Divine;
Let Heav'nly Dew in pearly Drops fall down,
And Ceres ev'ry Field with Plenty crown;

173

Since Trevor sits in blest Astræa's Seat,
Made by his Merit, not his Sov'reign great,
Nor honour'd, but an Honour to the State.
None e'er the Laws of England better knew,
And to those Laws and Country durst be true;
Fearless of Threats, for flatt'ring Arts too great,
He rul'd the Law, and by it serv'd the State.
Thus Trevor o'er the Common Bench presides,
And with th'exactest Rules of Justice Guides;
He softens all the Rigour of the Laws,
And pleads as well as Judges ev'ry Cause.
How long will Fortescue and Fleta live,
And Littleton the fate of Time survive;
How Coke to endless Days be tumbled o'er,
And Hales rever'd till Time shall be no more.
But first my Muse, with careful heed survey
The Days of Old, when Law in Darkness lay,
And Anarchy possess'd Tyrannick Sway.
When Lawless Men each other did invade
E'er Property was known, or Laws were made,
Till they by Reason and Experience saw,
Men cou'd not long subsist without a Law;

174

The wiser sort in Friendly manner joyn'd,
And quickly were by social Leagues combin'd;
For mutual Help each others Aid they sought,
And thus were into Form and Order brought:
Necessity that first instructed Men to live;
Taught 'em by slow Degrees at last to live.
But too luxuriant Nature did at last
The great Design into a Labyrinth cast,
And what for use was once so well apply'd
Their lavish Prodigality deny'd.
So vain Mankind do from their Safety fly,
And for blest Freedom court inglorious Slavery.
After some Ages in Confusion past,
And nought but War succeeded War, at last;
Heav'n it always was more kind to Man
Than he was to himself, did thus Ordain,
That States shou'd Flourish, and all Laws shou'd be
The Ligaments of all Society.
Then 'twas that Solon and Lycurgus rose,
And did the force of Anarchy oppose;
Then were the Rules of Law and Justice giv'n,
And the Astrea did descend from Heav'n.

175

From Athens, Rome her mighty Treasure brings,
And by her Laws destroy'd her Tyrant Kings:
The Godlike Brutus laid the Corner Stone
Of wholesome Laws and Liberty in Rome;
Hence did her awful Pow'r and Greatness rise,
And Barb'rous distant Nations thought her Wise;
Now Consuls rul'd and Government Ordain'd,
And like true Patriots, not like Tyrants Reign'd;
O'er all the World their easy Conquest spread,
And where their Arms prevail'd the People led;
Not in base Servitude, but Nobly as they fought,
Their Laws impos'd, and Civil Manners taught,
So wide of force, they did their Conquests awe,
'Twas not their Legions govern'd, but their Law.
Then 'twas their Two neck'd Eagles 'gan to fly,
And spread their Wings of soft Humanity;
Like Fame they soar'd, and like her much cou'd tell,
How Roman Virtue, did the World excel;
How Lœlius Friendship and how Scipio's Love
The bravest Souls to Noblest Acts improve,
Glory Spurs on, and Dictates to my Theme,
The mention of Immortal Cato's Name.

176

Thus always Rome protected Virtue's Cause,
And on that Foot establish'd all her Laws:
When Consuls cou'd no longer that defend,
Cæsar prescrib'd to all their Government an end.
Then o'er the Conquests that his Arms obtain'd,
The Laws of Rome without Obstruction reign'd,
But the rough Britain's Roman Laws distain'd:
They under Cæsar's Government were free,
And bore his Rule without the Slavery.
Not Cæsar's Sword or Cicero's Matchless Pen
Cou'd move the Minds of steady British Men;
Ev'n then they were of foreign Customs shy,
Not to be flatter'd out of Liberty.
In Course of Time, where Rome her Pow'r had lost,
The Saxon first our Eastern Ocean crost,
Rough as the British Race they hit the Clime,
Nor strove to alter Customs in their time;
But what the Fam'd Dunwallo first had done,
That they establish'd on the British Throne.
Dunwallo who Molmative Laws assign'd,
And executed Justice in its kind:

177

The Temple first a sacred Refuge made,
And did protect the Plowman's Share and Blade.
Alfred in Saxon Language writ his Laws,
So sacred he esteem'd the Nation's Cause;
Nor ought my Muse pass over Guitheline,
A famous Monarch of the British Line;
Warlike and Brave he kept the Picts in awe,
And blest his Country with the Mercian Law.
But see how various are the turns of Fate
Some Mal-contents there are in ev'ry State;
For in the best and mildest Government
There will be Villains that are discontent.
The Warlike Danes then to their aid they call,
First set 'em up, and soon proclaim their fall;
With mighty Zeal they bring those Safe-guards o'er,
And stake their own, to gain a foreign Power.
But still the Laws kept steady in the State
Which their own Merits, not their Craft made great;
For had they not the Sense of Justice shown,
The Law had been subservient to the Crown.

178

Now Saxons do again their Pow'r obtain,
Not 'gainst the Laws, but with the Laws they reign.
Alfred and Edgar well deserve our praise,
Who rul'd with Justice till King Edward's Days:
True English Men still for oppressive Might,
That ne'er will know when they are in the Right.
But when the Norman Duke assum'd the Throne,
Boldly he did attempt to follow none.
But Henry with indulgence did withdraw
The Weight and Rigour of the Norman Law,
From heavy Burdens set the People free,
And broke the Yoke of Dane-gilt Slavery;
So great a Prince deserv'd a greater Name,
Had not his Brother's Death Eclips'd his Fame.
The Clergy Steph'n from Temp'ral Laws set free,
But bound the Lay-men fast in Slavery;
Till Saxon Blood in Second Henry broke
The servile Fetters of the Norman Yoke:
Tho' Rome from Stephen yet usurpt a Pow'r,
Which Church-men fail'd not to improve each Hour,
For then the Priests did ev'ry where controul,
And show'd how they cou'd Rule in Becket's Soul.

179

Becket, who once supply'd the Chanc'lor's Chair
With haughty Mein, and with as proud an Air,
As if the Holy Father had been there.
Priests well might chuse from Rome a Sov'raign Guide,
Rome taught 'em Priest-craft, Priest-craft taught 'em Pride.
But Henry did the Ancient Laws restore,
Inspite of Rome and all her thund'ring Pow'r;
Bulls had no force Anathema's were vain,
The King resolv'd, and did his Pow'r maintain.
No sooner was the Land from Rome made free
But she return'd to her Captivity;
While Richard's Triumphs grac'd abroad his Crown,
The Laws at Home were basely trampled on;
By Ely a false Church-man, so are all
That Crasp at Pow'r, the Miter and the Ball.
When the Third Henry, fill'd the English Throne,
Then Justice, Law and Liberty, were known;
King Edward's Laws were once again reviv'd,
And Magna Charta in full Freedom liv'd,
Till Liberty to base Corruptions grown,
Defil'd the Laws, and oft disturb'd the Crown.

180

This is the Monster that devours a State,
And makes the People Tremble at their Fate,
To see by what vast Strength and Pow'r she sways,
And like Leviathan pursues her ways;
Dark as the Pit of Hell from whence she rose,
To vex the Land and ruin its Repose.