e 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 am