Office to arrest his prisoner, not to favour his escape be an Attempt
on his Wife, the absolute falsity of this Charge I have shewn in my
report above referred to.
As to the other circumstance mentioned by Mr Fraser in favour
of the pardon that after the granting it Marten would remain a
prisoner for Debt, little Stress should have been lain on it imprison-
ment for Debt is nowadays of very short duration: the late
insolvent Act will set Marten at Liberty in September; and
that Officer who shall for any Subsequent debt venture to arrest him
must estimate his Life at a lower rate than the most miserable of
Men all went to do.
My Lord I am sensible of the duty I owe his Majesty and
shall never presume to enquire into the reasons of his commands
my Station does not authorize me to question the exercise of his
prerogative but it obliges me to caution his Ministers against
deceit. I look upon the instances abovementioned as mere acts of
Office, the reasons assigned by Mr Fraser for Martens discharge
are worse than no reasons at all; for they are deductions not from
the truths contained in my report but from the falsehoods propagated
by Marten and his Friends after the making it, and after I-
had given a caution against them.
In the commission of the peace for the County of Middlesex
are many worthy and respectable Men; the Judgements given
by them are founded on strictly legal principles; and if I maybe
allowed to say it who have never been censured for the want of
humanity, they are tempered with Mercy; the Reports which from
time to time I have the honour to send to your Lordship are
made in obedience to the command of his Majesty; they are drawn
up with a Strict and conscientious regard to truth, and an Eye
to favourable Circumstances. It would be presumption in me to
say they ought to decide the fate of the prisoner But if the Effect of
them is to be subject to the controut of that interest which in all
desperate cases is made to clerks in Office, few will be found to
prosecute for Offences and the Magistrates will be discouraged from