[Footnote 10: The clipping of coin had become so widespread that it was absolutely imperative that steps should be taken to readjust matters. It was resolved, therefore, in 1695, to call in all light money and recoin it. The matter was placed in charge of the then chancellor of the exchequer, Charles Montague, afterwards Earl of Halifax, and he, with the assistance of Sir Isaac Newton, successfully accomplished the very arduous task. It cost the nation about £2,200,000, and a considerable inconvenience owing to lack of coins. [T.S.]
NUMB. 39.[1]
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.