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, 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 publick 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 villian 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 queen 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 that the injuries done to the publick 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
