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A52636 A Letter concerning Sir William Whitlock's bill for the trials in cases of treason written Oct. 1693 upon the request of a friend who is an honest member of the House of Commons, and now committed to the press upon the solicitation of several who think it may be of publick use to let it come abroad before the next meeting of the Parliament. H. N. 1694 (1694) Wing N19; ESTC R19260 7,511 8

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desire him to ratify and confirm and at which he expresly hints to in his last Declaration so that we ought to ask it not only for the Safety of this Government but to preserve us in the next if that should happen Nay if the Jacobites saw we persued our own Principles now and would not hurt our Constitution to hurt them all amongst that Sett of Men who have Sence and Generosity would rather pity what they thought our Mistakes than join in our Destruction hereafter So that if we cannot make the Tories wise at present upon a Revolution we may be fairly heard by the Jacobites and may come even to some Accommodation in the Principles of Government but if we shew that we have no Principles Men will never be persuaded by inveterate Enemies and such as have appeared to be only designing Knaves as soon as Power was in their Hands My last Thought brings me under a great Temptation to expostulate with some of the Whiggs upon other Matters whereby they have reproached their Character nor would it perhaps be an unseasonable Digression but I resolved at first to confine my self ●o a Letter of so small a compass as should not weary out your P●tie●ce and therefore will only add a few Notes concerning the Ben●fits of this Bill It is beneficial both to the Crown and Subject Any Man that can reason upon what he reads may infer from what I have already said that it is beneficial to both but to make it yet more plain this Bill will in all likelihood very much prevent the shedding of innocent Blood for which Nations generally speaking as well as particular Persons reckon even in this World Impartial Trials augment the natural Riches of a Countrey which all Men of great Sence and Souls know are the Numbers of the Inhabitants Such Impartiality not only augments the Numbers by preserving those Individuals that would otherwise be unjusty destroyed but the greater Security the Lives of Subjects are in the surer is that Government to be crowded with Inhabitants from abroad and Crowds of People make Industry necessary for Sustentation and from Industry an abundance of Trade and Wealth does naturally flow as may be seen by comparing Ireland with the United Provinces Again such a Law gives an exceeding Reputation to a Government The Subjects of other Princes though they should not be able to transport themselves and their Fortunes hither will all consent to proclaim our Constitution happy and acknowledge that our Kings are under a glorious and happy Necessity of not being imposed upon by the Malice of Ministers and the Corruption of Judges to take away wrongfully the Lives of their Subjects This Law will very much contribute to the Safety of the Prince for after so fair a Trial if a Man is found Guilty and Executed according to the Sentence his Relations and Friends may grieve but cannot murmur Before I conclude upon this Head of the Benefits that the Crown will receive from such a Law I cannot f●rbear ad●ressing my self to King William and humbly tho' earnestly conjuring him to become as vigorous a Sollicitor for this B●ll as his Enemies say he has been against it And here I must set before him the Glory of our Noble EDWARD the Third who has obtained as Immortal Praises by his good Laws as his Victorious Arms and who did leave his Name particularly Great and Memorable by that Law in the 25th Year of his Reign wherein he fenced the Su●ject from the dubious and divers Opinions of what amounted to Treason and made a Declaration what Offences were to be judged Treasons either High or Petit which Law is so often referred to in Acts of Parliament that have been made since his Time and has made his Name dear and valuable to all honest and worthy Minds from his down to our Times Tho' mercenary and corrupt Judges have so much interpreted away that Act that we stand in great need of a new Law to explain and confirm that wise and excellent Statute I wish King William would give us such a Law and give us likewise this Bill of Sir William Whitlock's that we might be the better for that Law Such Care such Condescentions such Provisions for our Lives and our Liberties our good Names and our Fortunes would transmit the remembrance of King William the Third to all future Generations as our Benefactor our Deliverer as one of the best of Princes and the common Father of our Countrey My Lord Chief Justice Treby when Attorney General at a Conference with the Lords asserted that there was nothing in this Bill but what was originally amongst our Rights We will not stand upon it as such We are willing to take this Law as a Grant from the Crown and not as our Due We would not be put to demand it as a Right but would leave the Honour and Reputation of doing so acceptable a Thing to him with whom we have shewn but little Inclination to quarrel However I must take the Boldness to say that the Temper and Backwardness we have shewn whilst his Tory Parasites have provoked us should engage him or nothing will engage him to gratify us with so necessary a Bill as this for Regulating of Trials in Cases of High Treason This Bill is necessary and beneficial for the Subject if guarding an innocent Man's Life and Honour the Liberty of his Person and all that he or his Ancestors have got deserves to be called in this Case The End of Society The Rise of Legislation and the Design of Government If men are not willing to admit of as many Tyrants as there are Judges if they are not willing to be bawl'd and hunted out of their Lives if they are not unwilling to be prepared against false Accusations by a knowledge of what will be laid to their Charge if they do not think it unfit to have other Counsel besides those who are almost in every Trial the eagerest in the Prosecution of the Prisoner if they would not have a matter of that Importance as Treason is established with less than the mouths of Two Winesses if they are not weary of the true intent of being tryed by the Vicinage if they do not think it necessary for the Support of the Government that a man should always suspect himself in danger of dying by the Hand of the Hangman if it is not unreasonable that the Compurgators of a man's Reputation should give Weight to their Words by the Sanction of an Oath In a Word if it is not expedient that a man's Life and all that he has his Posterity and all that they may have from him should be precarious and doubtful in the Power of flattering Sycophants and malicious Informers at the Mercy of chol-rick and corrupted Judges and submitted to the Consciences of pack'd Juries then this Law is expedient this Law is useful this Law is beneficial and necessary for the Subject Thus you see in Obedience to you I have scribbled down some few Hints concerning The Necessity of such a Bill The Reasonableness of proposing and insisting upon it at this Time Together with an Account of its Benefits I am with all imaginable Friendship and Respect Yours H. N.