you heartily farewell, affuring you, that I am moft truly your's, Friend Ford falutes you. Adieu. M. P. Richardfon, whom I take to be a better painter than any named in your letter, has made an excellent picture of me; from whence Lord Harley (whofe it is) has a ftamp taken by virtue. He has given me fome of them, for you to give to our friends at or about Dublin. I will fend them by Tonfon's canal to Hyde at Dublin, in fuch a manner, as that, I hope, they may come fafe to you. I LETTER CCXCI. SIR THOMAS HANMER TO DR SWIFT. Mildenhall, near Newmarket in RECEIVED the favour of a letter from you about ten days fince, at which time the Duke of Grafton * was at London; but as he was foon expected in the country, and is now actually returned, I thought it beft, rather than write, to wait for an opportunity of fpeaking to him; and yefterday I went over to his houfe, on purpose Charles, whofe mother Ifobella, daughter of Henry Bennet, Earl of Arlington, was married to her fecond husband Sir Thomas Hanmer. purpose to obey your commands. I found he was not a stranger to the fubject of my errand; for he had all the particulars of the story very perfect, and told me, my Lord Arran had spoke to him concerning it t. I added my folicitations, backed with the reafons with which you had furnished me; and he was so kind to promise, he would by this poft write to the Chief Juftice; how explicitely, or how precifely, I cannot fay, because men in high posts are afraid of being pofitive in their anfwers; but I hope it will be in such a manner as will be effectual. If the thing is done, it will be beft that the means fhould be a fecret by which it is brought about; and for this reafon, you will excufe me,. if I avoid putting my name to the outfide of my letter, left it fhould excite the curiofity of the Poft-Office. If this affair ends to your fatisfac tion, I am glad it has proved to me a caufe of hearing from you, and an occafion of affuring you, that I am, Sir, your very humble fervant, THO. HANMER.. LET Y 3 The profecution of Waters. ftantine Phipps. See letter 293. from Sir Con- LETTER CCXCII. * A FROM DR SWIFT TO MR POPE. † Dublin, Jan. 10, 1721. THOUSAND things have vexed me of late years, upon which I am determined to lay open my mind to you. I rather chufe to appeal to you, than to my Lord Chief Justice Whitfhed, under the fituation I am in. For I take *This letter Mr Pope never received, nor did he believe it was ever fent. Pope and Warb. This letter defeives the greater attention, as it seems to furnish more materials of Dr Swift's life and principles, than any other of his epiftolary writings. The letter breathes an air of fincerity and freedom, and is addreffed to a particular friend, at a time when the views of ambition were at an end. It may therefore be confidered as a confeffion of one departing from this world, who only is defirous to vindicate his own character, and is anxious that his afhes may reft in peace. It was written immediately after the arbitrary conduct of a Judge in Ireland, who endeavoured to deftroy the freedom of juries, and confequently the very effence of that liberty and fafety which we have a right to poffefs by the constitution of our state. Swift very generously declares himself averfe to all Figorous proceedings against perfons fufpected of problematical guilt. "By fuch ftrict inquiries," fays he, "a gate is left open to the whole tribe of informers; the most accurfed, prostitute "and abandoned race, that God ever permitted to plague man"kind." Upon this fubject I cannot avoid recollecting fome particulars from a book, which has lately given me great delight and inftruction, and which I recommend very warmly to your perufal. I mean L'efprit des loix. The author, M. de Montef You take this caufe properly to lie before you. thofe quieu, obferves, "That informers have been chiefly encouraged "under the moft tyrannical governments. In the reign of "Tiberius, triumphal ornaments were conferred upon them, and "ftatues erected to their honour. In the cign of Nero, upon "the discovery and punishment of a pretended confpiracy, triumphal dignities were allotted to Turpilianus, Cocceius Nerva, and Tigillinus."-In another part of his book, the Baron de Montefquieu takes notice, "That in Turkey, where little "regard is fhewn to the honour, lives, or eftates of the fubject, "all caufes are determined by the prefiding Bafhaw: And in "Rome, the Judges had no more to do, than to declare, that "the perfon accufed, was guilty of a particular crime, and then "the punishment was found in the laws."-From thefe, and other examples of arbitrary government, this elegant author takes a particular pleafure, in diftinguishing and admiring the civil conftitution of England: Where, he fays, "the jury deter"mine, whether the fact brought under their cognisance, be proved or not; if it be proved, the Judge pronounces the pu"nishment inflicted by the law, for fuch a particular fact: And "for this, adds the Baron," he needs only open his eyes." But if M. de Montefquieu had read Swift's letter, or indeed had recollected many notorious facts of our hiftory, he must have obferved, that the Judges have been often deaf to the repeated voice of the jury, and have not only fhut their eyes against our excellent laws, but have affumed that terrible and menacing "air which Commodus ordered to be given to his flatutes." The method of trials by juries, is generally looked upon as one of the most excellent branches of our conftitution. In theory, t it thofe in furs, upon whofe decifion, about the difference of style or fentiments, I fhould be very unwilling to leave the merits of my cause. Give me leave then to put you in mind, (although you cannot eafily forget it), that, about ten weeks before the Queen's death, I left the town, upon occafion of that incurable breach among it certainly appears in that light. According to the original eftablishment, the jurors are to be men of competent fortunes in the neighbourhood; and are to be fo avowedly indifferent between the parties concerned, that no reasonable exception can be made to them on either fide. In Treafon, the perfon accufed, has a right to challenge five and thirty; and in Felony, twenty; with-out fhewing caufe of challenge. Nothing can be more equitable. No prifoner can defire a fairer field. But the misfortune is, that our juries are often compofed of men of mean eftates, and low understandings. Many difficult points of law are brought before them, and fubmitted to their verdict, when perhaps they are not capable of determining, properly and Judiciously, fuch nice matters of justice, although the Judges of the court explain the nature of the cafe, and the law which arifes upon it. But if they are not defective in knowledge, they are fometimes, I fear, from their station and indigence, liable to corruption. This indeed is an objection more to the privilege lodged with juries, than to the inftitution itself. The point moft liable to objection, is the power which any one or more of the twelve have to ftarve the reft into a compliance with their opinion; fo that the verdict may poffibly be given by ftrength of conftitution, not by conviction of confcience; and wretches hang, that jurymen "may dine." In this letter is most evidently difplayed, Swift's immutable attachment to Ireland. Such a kind of patriotism must have proceeded from a true love of liberty; for he hated individuals, and defpifed most of the men of property and power in that kingdom: He owed them no obligations; and while by his writings he |