Whether  our  Constitution  ought  to  be  entrusted  in  such  Hands  as
will  not  scruple  to  commit  Murder  whenever  it  may  serve  their
Purpose.'

In  1704  the  House  of  Commons  took  umbrage  at  some  remarks
which  John  Tutchin,  the  conductor  of  the  Observator,  had  made  on
some  mismanagement  of  public  affairs  (and  they  were  undoubted
libels),  and  cited  him,  the  printer,  and  publisher  before  their  Bar,
to  be  brought  in  custody  of  the  Serjeant-at-Arms.  Tutchin  gave
bail  for  his  appearance  :  and  his  trial  came  on  on  Nov.  4,  1704.'
He  got  off  somehow,  and  was  never  tried  again.  Earlier  in  hfe  he
had  been  tried  at  the  Bloody  Assizes,  where  he  had  the  brutal
Jeffreys  for  his  judge,  and  he  was  sentenced  '  to  be  imprisoned  for
Seven  Years  ;  that  once  every  year  he  should  be  whipt  through  all
the  Market  Towns  in  Dorsetshire ;  that  he  should  pay  a  fine  of
one  hundred  marks  to  the  King,  and  find  security  for  his  good
behaviour  during  life.  .  .  .  Upon  passing  the  Sentence,  the  Clerk  of
the  Arraigns  stood  up,  and  said.  My  lord,  there  are  a  great  many
market  towns  in  this  County  ;  the  sentence  reaches  to  a  whipping
about  once  a  fortnight,  and  he  is  a  very  young  man.  Aye,  says
Jeffreys,  he  is  a  young  man  but  an  old  rougue  ;  and  all  the  interest
in  England'shall  not  reverse  the  sentence  I  have  past  upon  him.'
So  poor  Tutchin's  heart  died  within  him,  and  he  petitioned  the
King  that  he  '  will  be  mercifully  pleased  to  grant  him  the  favour  of
being  hanged  with  those  of  his  fellow  prisoners,  that  are  condemned
to  die.'     But  to  no  avail.
