FROM THURSDAY APRIL 19, TO THURSDAY APRIL 26, 1711.
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.]