FIRST, they are to consider, that the author of the said pamphlet, did
write three other discourses on the same subject; which instead of being
censured were universally approved by the whole nation, and were allowed
to have raised, and continued that spirit among us, which hitherto hath
kept out Wood's coin: For all men will allow, that if those pamphlets
had not been writ, his coin must have overrun the nation some months
ago.
SECONDLY, it is to be considered that this pamphlet, against which a
proclamation hath been issued, is writ by the same author; that nobody
ever doubted the innocence, and goodness of his design, that he appears
through the whole tenor of it, to be a loyal subject to His Majesty, and
devoted to the House of Hanover, and declares himself in a manner
peculiarly zealous against the Pretender; And if such a writer in four
several treatises on so nice a subject, where a royal patent is
concerned, and where it was necessary to speak of England and of
liberty, should in one or two places happen to let fall an inadvertent
expression, it would be hard to condemn him after all the good he hath
done; Especially when we consider, that he could have no possible
design in view, either of honour or profit, but purely the GOOD of his
country.
THIRDLY, it ought to be well considered, whether any one expression in
the said pamphlet, be really liable to just exception, much less to be
found "wicked, malicious, seditious, reflecting upon His Majesty and his
ministry," &c.
The two points in that pamphlet, which it is said the prosecutors intend
chiefly to fix on, are, First, where the author mentions the "penner of
the King's answer." First, it is well known, His Majesty is not master
of the English tongue, and therefore it is necessary that some other
person should be employed to pen what he hath to say, or write in that
language. Secondly, His Majesty's answer is not in the first person, but
the third. It is not said "WE are concerned," or, "OUR royal
predecessors," but "HIS MAJESTY is concerned;" and "HIS royal
predecessors." By which it is plain these are properly not the words of
His Majesty; but supposed to be taken from him, and transmitted hither
by one of his ministers. Thirdly it will be easily seen, that the author
of the pamphlet delivers his sentiments upon this particular, with the
utmost caution and respect, as any impartial reader will observe.
The second paragraph, which it is said will be taken notice of as a
motive to find the bill, is, what the author says of Ireland being a
depending kingdom. He explains all the dependency he knows of it, which
is a law made in Ireland, whereby it is enacted that "whoever is King of
England, shall be King of Ireland." Before this explanation be
condemned, and the bill found upon it, it would be proper, that some
lawyers should fully inform the jury what other law there is, either
statute or common for this dependency, and if there be no law, there is
no transgression.
Public-domain text, read in full here on John Shaqi.
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