some malicious paper, scattered in every coffee-house by the emissaries of that party, whether it were down or up. I believe, they will not pretend to object the same thing to us. Nor do I remember any constant weekly paper, with reflections on the late ministry or j[u]nto. They have many weak, defenceless parts, they have not been used to a regular attack, and therefore it is that they are so ill able to endure one, when it comes to be their turn. So that they complain more of a few months' truths from us, than we did of all their scandal and malice, for twice as many years.

I cannot forbear observing upon this occasion, that those worthy authors I am speaking of, seem to me, not fairly to represent the sentiments of their party; who in disputing with us, do generally give up several of the late m[inist]ry, and freely own many of their failings. They confess the monstrous debt upon the navy, to have been caused by most scandalous mismanagement; they allow the insolence of some, and the avarice of others, to have been insupportable: but these gentlemen are most liberal in their praises to those persons, and upon those very articles, where their wisest friends give up the point. They gravely tell us, that such a one was the most faithful servant that ever any prince had; another the most dutiful, a third the most generous, and a fourth of the greatest integrity. So that I look upon these champions, rather as retained by a cabal than a party, which I desire the reasonable men among them would please to consider.

NUMB. 39.

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

Indignum est in eâ civitate, quae legibus continetur, discedi a legibus.?

3

I HAVE been often considering how it comes to pass,

I have

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. 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,

1 No. 38 in the reprint. [T. S.]

2 "It is a shameful thing in a state which is governed by laws, that there should be any departure from them." [T. S.]

A

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). 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.]

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.1 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

"How near to sin they can go without actually sinning." [T. S.]

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,' 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 2 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

1 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, 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.]

2 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, 171, 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.]

2

the notorious cheat of the brewers at Portsmouth,' 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; 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

"Some very considerable abuses," the chancellor of the exchequer informed the House of Commons on January 3rd, 171f, "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.]

2 See Swift's "Journal," quoted in notes to No. 33, ante, p. 214. [T. S.]