_Indignum est in ed civitate, quae legibus continetur, discedi a
legibus._[2]
I[3] have been often considering how it comes to pass, that the dexterity
of mankind in evil, should always outgrow, not only the prudence and
caution of private persons, but the continual expedients of the wisest
laws contrived to prevent it. I cannot imagine a knave to possess a
greater share of natural wit or genius, than an honest man. I have known
very notable sharpers at play, who upon all other occasions, were as
great dunces, as human shape can well allow; and I believe, the same
might be observed among the other knots of thieves and pickpockets, about
this town. The proposition however is certainly true, and to be confirmed
by an hundred instances. A scrivener, an attorney, a stock-jobber, and
many other retailers of fraud, shall not only be able to overreach
others, much wiser than themselves, but find out new inventions, to elude
the force of any law made against them. I suppose, the reason of this
may be, that as the aggressor is said to have generally the advantage of
the defender; so the makers of the law, which is to defend our rights,
have usually not so much industry or vigour, as those whose interest
leads them to attack it. Besides, it rarely happens that men are rewarded
by the public for their justice and virtue; neither do those who act upon
such principles, expect any recompense till the next world: whereas
fraud, where it succeeds, gives present pay; and this is allowed the
greatest spur imaginable both to labour and invention. When a law is made
to stop some growing evil, the wits of those, whose interest it is to
break it with secrecy or impunity, are immediately at work; and even
among those who pretend to fairer characters, many would gladly find
means to avoid, what they would not be thought to violate. They desire to
reap the advantage, if possible, without the shame, or at least, without
the danger. This art is what I take that dexterous race of men, sprung
up soon after the Revolution, to have studied with great application ever
since, and to have arrived at great perfection in it. According to the
doctrine of some Romish casuists, they have found out _quam propè ad
peccatum sine peccato possint accedere_.[3] They can tell how to go
within an inch of an impeachment, and yet come back untouched. They know
what degree of corruption will just forfeit an employment, and whether
the bribe you receive be sufficient to set you right, and put something
in your pocket besides. How much to a penny, you may safely cheat the
Qu[ee]n, whether forty, fifty or sixty _per cent._ according to the
station you are in, and the dispositions of the persons in office, below
and above you. They have computed the price you may securely take or give
for a place, or what part of the salary you ought to reserve. They can
discreetly distribute five hundred pounds in a small borough, without
any danger from the statutes, against bribing elections. They can manage
a bargain for an office, by a third, fourth or fifth hand, so that you
shall not know whom to accuse; and win a thousand guineas at play, in
spite of the dice, and send away the loser satisfied: They can pass the
most exorbitant accounts, overpay the creditor with half his demands, and
sink the rest.
It would be endless to relate, or rather indeed impossible to discover,
the several arts which curious men have found out to enrich themselves,
by defrauding the public, in defiance of the law. The military men, both
by sea and land, have equally cultivated this most useful science:
neither hath it been altogether neglected by the other sex; of which, on
the contrary, I could produce an instance, that would make ours blush to
be so far outdone.
Besides, to confess the truth, our laws themselves are extremely
defective in many articles, which I take to be one ill effect of our best
possession, liberty. Some years ago, the ambassador of a great prince was
arrested,[4] and outrages committed on his person in our streets, without
any possibility of redress from Westminster-Hall, or the prerogative of
the sovereign; and the legislature was forced to provide a remedy against
the like evils in times to come. A commissioner of the stamped paper[5]
was lately discovered to have notoriously cheated the public of great
sums for many years, by counterfeiting the stamps, which the law had made
capital. But the aggravation of his crime, proved to be the cause that
saved his life; and that additional heightening circumstance of betraying
his trust, was found to be a legal defence. I am assured, that the
notorious cheat of the brewers at Portsmouth,[6] detected about two
months ago in Parliament, cannot by any law now in force, be punished in
any degree, equal to the guilt and infamy of it. Nay, what is almost
incredible, had Guiscard survived his detestable attempt upon Mr.
Harley's person, all the inflaming circumstances of the fact, would not
have sufficed, in the opinion of many lawyers, to have punished him with
death;[7] and the public must have lain under this dilemma, either to
condemn him by a law, _ex post facto_ (which would have been of dangerous
consequence, and form an ignominious precedent) or undergo the
mortification to see the greatest villain upon earth escape unpunished,
to the infinite triumph and delight of Popery and faction. But even this
is not to be wondered at, when we consider, that of all the insolences
offered to the Qu[een] since the Act of Indemnity, (at least, that ever
came to my ears) I can hardly instance above two or three, which, by the
letter of the law could amount to high treason.
From these defects in our laws, and the want of some discretionary power
safely lodged, to exert upon emergencies; as well as from the great
acquirements of able men, to elude the penalties of those laws they
break, it is no wonder, the injuries done to the public, are so seldom
redressed. But besides, no individual suffers, by any wrong he does to
the commonwealth, in proportion to the advantage he gains by doing it.
There are seven or eight millions who contribute to the loss, while the
whole gain is sunk among a few. The damage suffered by the public, is not
so immediately or heavily felt by particular persons, and the zeal of
prosecution is apt to drop and be lost among numbers.
But imagine a set of politicians for many years at the head of affairs,
the game visibly their own, and by consequence acting with great
security: may not these be sometimes tempted to forget their caution, by
length of time, by excess of avarice and ambition, by the insolence or
violence of their nature, or perhaps by a mere contempt for their
adversaries? May not such motives as these, put them often upon actions
directly against the law, such as no evasions can be found for, and which
will lay them fully open to the vengeance of a prevailing interest,
whenever they are out of power? It is answered in the affirmative. And
here we cannot refuse the late m[inistr]y their due praises, who
foreseeing a storm, provided for their own safety, by two admirable
expedients, by which, with great prudence, they have escaped the
punishments due to pernicious counsels and corrupt management. The first,
was to procure, under pretences hardly specious, a general Act of
Indemnity,[8] which cuts off all impeachments. The second, was yet more
refined: suppose, for instance, a counsel is to be pursued, which is
necessary to carry on the dangerous designs of a prevailing party, to
preserve them in power, to gratify the immeasurable appetites of a few
leaders, civil and military, though by hazarding the ruin of the whole
nation: this counsel, desperate in itself, unprecedented in the nature of
it, they procure a majority to form into an address,[9] which makes it
look like the sense of the nation. Under that shelter they carry on their
work, and lie secure against after-reckonings.
I must be so free to tell my meaning in this, that among other things, I
understand it of the address made to the Qu[een] about three years ago,
to desire that her M[ajest]y would not consent to a peace, without the
entire restitution of Sp[ai]n.[10] A proceeding, which to people abroad,
must look like the highest strain of temerity, folly, and gasconade. But
we at home, who allow the promoters of that advice to be no fools, can
easily comprehend the depth and mystery of it. They were assured by this
means, to pin down the war upon us, consequently to increase their own
power and wealth, and multiply difficulties on the Qu[een] and kingdom,
till they had fixed their party too firmly to be shaken, whenever they
should find themselves disposed to reverse their address, and give us
leave to wish for a peace.
If any man entertains a more favourable opinion of this monstrous step in
politics; I would ask him what we must do, in case we find it impossible
to recover Spain? Those among the Whigs who believe a God, will confess,
that the events of war lie in His hands; and the rest of them, who
acknowledge no such power, will allow, that Fortune hath too great a
share in the good or ill success of military actions, to let a wise man
reason upon them, as if they were entirely in his power. If Providence
shall think fit to refuse success to our arms, with how ill a grace, with
what shame and confusion, shall we be obliged to recant that precipitate
address, unless the world will be so charitable to consider, that
parliaments among us, differ as much as princes, and that by the fatal
conjunction of many unhappy circumstances, it is very possible for our
island to be represented sometimes by those who have the least
pretensions to it. So little truth or justice there is in what some
pretend to advance, that the actions of former senates, ought always to
be treated with respect by the latter; that those assemblies are all
equally venerable, and no one to be preferred before another: by which
argument, the Parliament that began the rebellion against King Charles
the First, voted his trial, and appointed his murderers, ought to be
remembered with respect.
But to return from this digression; it is very plain, that considering
the defectiveness of our laws, the variety of cases, the weakness of the
prerogative, the power or the cunning of ill-designing men, it is
possible, that many great abuses may be visibly committed, which cannot
be legally punished: especially if we add to this, that some enquiries
might probably involve those, whom upon other accounts, it is not
thought convenient to disturb. Therefore, it is very false reasoning,
especially in the management of public affairs, to argue that men are
innocent, because the law hath not pronounced them guilty.
I am apt to think, it was to supply such defects as these, that satire
was first introduced into the world; whereby those whom neither religion,
nor natural virtue, nor fear of punishment, were able to keep within the
bounds of their duty, might be withheld by the shame of having their
crimes exposed to open view in the strongest colours, and themselves
rendered odious to mankind. Perhaps all this may be little regarded by
such hardened and abandoned natures as I have to deal with; but, next to
taming or binding a savage animal, the best service you can do the
neighbourhood, is to give them warning, either to arm themselves, or not
come in its way.
Could I have hoped for any signs of remorse from the leaders of that
faction, I should very gladly have changed my style, and forgot or passed
by their million of enormities. But they are every day more fond of
discovering their impotent zeal and malice: witness their conduct in the
city about a fortnight ago,[11] which had no other end imaginable, beside
that of perplexing our affairs, and endeavouring to make things
desperate, that themselves may be thought necessary. While they continue
in this frantic mood, I shall not forbear to treat them as they deserve;
that is to say, as the inveterate, irreconcilable enemies to our country
and its constitution.
[Footnote 1: No. 38 in the reprint. [T.S.]]
[Footnote 2: "It is a shameful thing in a state which is governed by
laws, that there should be any departure from them." [T.S.]]
[Footnote 3: This paper called forth a reply which was printed in two
forms, one with the title: "A Few Words upon the Examiner's Scandalous
Peace" (London, 1711), and the other, "Reflections upon the
Examiner's Scandalous Peace" (London: A. Baldwin, 1711). A careful
comparison of these pamphlets shows that the text corresponds
page for page. The author commences: "Though 'The Examiner' be certainly
the most trifling, scurrilous, and malicious writer that ever appeared,
yet, in spite of all his gross untruths and absurd notions, by assuming
to himself an air of authority, and speaking in the person of one
employed by the ministry, he sometimes gives a kind of weight to what he
says, so as to make impressions of terror upon honest minds." Then, after
quoting several of the Queen's Speeches to Parliament, and the Addresses
in reply, he observes: "The 'Examiner' is resolved to continue so
faithful to his principal quality of speaking untruths, that he has
industriously taken care not to recite truly the very Address he makes it
his business to rail at;" and he points out that it was not the
"restitution of Spain," but the restoration of the Spanish Monarchy to
the House of Austria that was desired. [T.S.]]
[Footnote 3: "How near to sin they can go without actually sinning."
[T.S.]]
[Footnote 4: The Muscovite Ambassador (A.A. Matveof) was arrested and
taken out of his coach by violence. A Bill was brought into the House
of Commons "for preserving the Privileges of Ambassadors," February
7th, 1708/9, and obtained the Royal Assent, April 21st, 1709 (7 Ann.
c. 12).
Matveof, it seemed, was arrested by his creditors, who feared that,
since he had taken leave at Court, they would never be paid. Peter
the Great was angry at the indignity thus offered his representative,
and was only unwillingly pacified by the above Act. [T.S.]]
[Footnote 5: Richard Dyet, J.P., "is discovered to have counterfeited
stamped paper, in which he was a commissioner; and, with his accomplices,
has cheated the Queen of £100,000" (Swift's "Journal to Stella," October
3rd, 1710, vol. ii., p. 20 of present edition). He was tried for felony
at the Old Bailey, January 13th, 1710/1, and was acquitted, because his
offence was only a breach of trust. He was, however, re-committed
for trial on the charge of misdemeanour. [T.S.]]
[Footnote 6: "Some very considerable abuses," the chancellor of the
exchequer informed the House of Commons on January 3rd, 1710/1, "have
been discovered in the victualling." It appears that the seamen in the
navy were allowed seven pints of beer per day, during the time they were
on board. In port, of course the sailors were permitted to go ashore, but
the allowance was still charged to the ship's account; and became a
perquisite of the purser. It often happened that the contractors did not
send in the full amount of beer paid for, but gave the purser money in
exchange for the difference. The scandal was brought to the attention
of the House as stated, and a committee was appointed to inquire into
the abuse. On February 15th the House considered the committee's report,
and it was found that Thomas Ridge, Member for Portsmouth, contracted to
supply 5,513 tons of beer, and had delivered only 3,213. Several other
brewers of Portsmouth had been guilty of the same fraud. Mr. Ridge was
expelled the House the same day. [T.S.]]
[Footnote 7: See Swift's "Journal," quoted in notes to No. 33, _ante_, p.
214. [T.S.]]
[Footnote 8: This Act was passed in 1708. See No. 18, _ante_, and note,
p. 105. [T.S.]]
[Footnote 9: The Address from both Houses, presented to the Queen,
February 18th, 1709/10, prayed that she "would be pleased to order the
Duke of Marlborough's immediate departure for Holland, where his presence
will be equally necessary, to assist at the negotiations of peace, and to
hasten the preparations for an early campaign," etc. [T.S.]]
[Footnote 10: The Address of both Houses to the Queen, presented on
December 23rd, 1707, urged: "That nothing could restore a just balance of
power in Europe, but the reducing the whole Spanish monarchy to the
obedience of the House of Austria; and ... That no peace can be
honourable or safe, for your Majesty or your allies, if Spain, the West
Indies, or any part of the Spanish Monarchy, be suffered to remain under
the power of the House of Bourbon." The resolutions as carried in the
House of Lords on December 19th did not include the words "or any part of
the Spanish Monarchy"; these words were introduced on a motion by Somers
who was in the chair when the Select Committee met on December 20th to
embody the resolutions in proper form. The altered resolution was quickly
hurried through the Lords and agreed to by the Commons, and the Address
as amended was presented to the Queen. By this bold move Somers prolonged
the war indefinitely. See also note at the commencement of this number.
[T.S.]]
[Footnote 11: This refers to the election of the governor and directors
of the Bank of England on April 12th and 13th. All the Whig candidates
were returned, and Sir H. Furnese was on the same day chosen Alderman for
Bridge Within. See also No. 41, _post_, p. 267, [T.S.]]