I defy the annals of the secretary of state’s office to produce a General Warrant, or even the records of the Star Chamber, an order fraught with equal oppression.
If I remember right, the warrant which seized your person and papers left you quiet possession of every thing else; and even those papers were returned, with the additional recompence of Four Thousand Pounds: notwithstanding we look on you as a martyr to ministerial vengeance and oppression. If so, by what standard of oppression will you measure the wrongs here complained of? You cannot insult our understanding so far as to tell us, oppression from one minister of state is weightier than from fifty ministers of Hell, who not only seize our property, deemed such by law, but the absolute exceptions in law, papers, books, and wearing-apparel.
If, Sir, you are not a perfect Mockery of that patriotism you so industriously persuade us is the spring of ALL your actions, if you have a grain of genuine liberty in your composition, if you are not steeled against the feelings of humanity, lost to every sense of gratitude, and deaf to the cries of the injured, you will search and probe the very inmost recesses of these infamous transactions; and, if possible, totally eradicate the cause. But I fear the root has taken too fast a hold to be removed by your utmost efforts; indeed you may lop the branches, and prune the sprouts, but nothing less than a parliamentary aid can destroy the trunk; or at least, to make any tolerable figure or progress in the business, the chief justice must exert his abilities and power, or all yours will prove little less than abortive and fruitless. But as it is not a sufficient excuse for neglecting a part, because we cannot accomplish the whole, I shall point out to you a few inconveniencies, which may in some degree be remedied or prevented in future.
You are to take care that eligible bail is not, on any Pretence, rejected; for the laws have put it out of the sheriffs power to refuse such bail as APPEAR responsible for the debt at the Time it is offered, nor does the law call on the sheriff, should such bail subsequently become insolvent; notwithstanding the contrary doctrine of bailiffs and pettyfogging attornies.
You are to take care, that for a bail-bond to a bill of Middlesex, that one guinea per hundred is not extorted, which is the common practice.
You should totally abolish the imposition of making a prisoner pay half a crown, but oftener five shillings, for searching the office of Middlesex; which is a tax founded on no better authority than the mutual cheat of bailiff and clerk in office.
You should take care, that no blank warrants go out of the office till the receipt of the king’s writ.
You should take care, that such writs are sealed before you grant a warrant on them.
You should take care, that such writs are not altered after sealing.
You should take care, when more persons than one are included in a writ, that no more than one is put in a warrant.