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
        
      
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             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.
          
           8 p.
           
             s.n.,
             [S.l. :
             1694?]
          
           
             Reproduction of original in Huntington Library.
             Caption title.
             Signed at end: H.N.
          
        
      
    
     
       
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         eng
      
       
         
           Whitlock, William, -- Sir.
           England and Wales. -- Parliament.
           Trials (Treason) -- Great Britain.
        
      
    
     
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           A
           LETTER
           concerning
           Sir
           
             William
             Whitloc●●
          
           Bill
           for
           Trials
           in
           Cases
           of
           Treason
           ,
           written
           
             Oct.
             16●●
          
           upon
           the
           Request
           of
           a
           Friend
           who
           is
           an
           honest
           Mem●●●
           of
           the
           House
           of
           Commons
           ;
           and
           now
           committed
           to
           〈◊〉
           Press
           upon
           the
           Solicitation
           of
           several
           who
           think
           it
           〈◊〉
           be
           of
           publick
           Vse
           to
           let
           it
           come
           abroad
           before
           〈◊〉
           next
           meeting
           of
           the
           Parliament
           .
        
         
           
             SIR
             ,
          
        
         
           MY
           speedy
           Compliance
           with
           your
           Commands
           in
           relation
           to
           Sir
           William
           Whitlock's
           Bill
           ,
           is
           a
           Demonstration
           how
           entire
           a
           Power
           you
           have
           over
           me
           :
           And
           that
           I
           may
           be
           more
           distinct
           and
           clear
           in
           the
           Delivery
           of
           my
           Thoughts
           ,
           I
           shall
           briefly
           set
           them
           down
           under
           the
           following
           Heads
           .
        
         
           1.
           
           I
           shall
           consider
           the
           Reasonableness
           and
           Necessity
           of
           having
           such
           a
           Bill
           .
        
         
           In
           the
           next
           place
           ,
           I
           shall
           consider
           ,
           Whether
           this
           is
           a
           proper
           time
           to
           propose
           and
           insist
           upon
           it
           .
        
         
           And
           in
           the
           last
           place
           ,
           I
           shall
           give
           some
           account
           of
           the
           Benefits
           of
           such
           a
           Bill
           .
        
         
           To
           enforce
           the
           Reasonableness
           and
           Necessity
           of
           having
           such
           a
           Bill
           ,
           I
           need
           only
           request
           you
           to
           look
           over
           the
           Trials
           that
           have
           been
           in
           our
           latter
           Reigns
           ,
           wherein
           you
           will
           find
           that
           for
           want
           of
           such
           a
           Bill
           some
           of
           the
           most
           excellent
           Personages
           ,
           and
           our
           greatest
           Patriots
           ,
           have
           bee●
           〈◊〉
           to
           Death
           ,
           and
           that
           many
           others
           〈…〉
           whereof
           were
           Men
           harmless
           〈…〉
           have
           suffered
           wrongfully
           .
           W
           〈…〉
           〈…〉
           not
           lament
           ,
           What
           good
           
             Engl
             〈…〉
          
           is
           not
           afflicted
           for
           the
           Death
           〈…〉
           Essex
           and
           Rawleigh
           ?
           Can
           an
           〈…〉
           that
           knows
           our
           Laws
           think
           S●●
           
             〈◊〉
             Vane
          
           was
           fairly
           dealt
           with
           〈◊〉
           Plunket
           ought
           to
           have
           been
           〈…〉
           twice
           ?
           Sidney
           Executed
           up●●
           〈…〉
           litude
           of
           Hands
           ,
           and
           one
           W
           〈…〉
           Sir
           
             Thomas
             Armstrong
          
           withou●
           〈…〉
           before
           the
           Outlawry
           comp
           〈…〉
           coming
           in
           ?
           Ashton
           upon
           presu
           〈…〉
           Treason
           ?
           And
           Anderton
           again●●
           〈◊〉
           plain
           Sence
           of
           so
           many
           Statutes
           .
           〈◊〉
           Blood
           of
           these
           and
           many
           more
           c
           〈…〉
           Vengeance
           ,
           and
           admonish
           us
           to
           p●●vide
           against
           such
           Extravagancies
           〈…〉
           after
           .
           Colledge
           and
           Cornish
           call
           a
           〈…〉
           for
           such
           a
           Bill
           .
           Had
           such
           〈◊〉
           〈…〉
           been
           in
           force
           ,
           could
           the
           
             Great
             〈…〉
             Russel
          
           have
           dyed
           for
           only
           〈…〉
           ng
           
           to
           prevent
           the
           wild
           Attempts
           of
           others
           ,
           and
           because
           Sir
           
             Thomas
             Armstrong
          
           had
           viewed
           the
           Guards
           ?
           But
           ●t
           is
           needless
           to
           set
           down
           the
           several
           Instances
           in
           
             other
             Reigns
          
           ,
           when
           the
           Trials
           under
           this
           afford
           but
           too
           
             pregnant
             Reasons
          
           to
           conclude
           the
           Judges
           very
           
             untoward
             Counsel
          
           for
           the
           Prisoner
           ,
           and
           that
           Jury-men
           may
           be
           byassed
           by
           Piques
           and
           Animosities
           ,
           and
           also
           that
           well-meaning
           Men
           of
           a
           Jury
           ought
           to
           hear
           the
           Law
           stated
           by
           such
           of
           the
           Robe
           as
           are
           not
           in
           the
           Pay
           of
           the
           Crown
           ;
           not
           only
           because
           the
           Bench
           too
           often
           prevaricates
           ,
           but
           because
           the
           Prisoners
           are
           often
           wearied
           out
           ,
           as
           the
           Great
           Rawleigh
           was
           ,
           with
           the
           
             clamourous
             Harangues
          
           of
           the
           
             King's
             Counsel
          
           ,
           and
           so
           drop
           their
           Defence
           ,
           when
           their
           Lungs
           (
           which
           are
           not
           so
           well
           breathed
           as
           those
           of
           Pleaders
           )
           fail
           them
           .
        
         
           Another
           Reason
           which
           may
           enforce
           the
           Reasonableness
           and
           Necessity
           of
           having
           such
           a
           Bill
           is
           ,
           because
           though
           our
           Laws
           surpass
           the
           Laws
           of
           all
           other
           Countries
           in
           many
           other
           Respects
           ,
           yet
           in
           this
           they
           are
           very
           defective
           ,
           insomuch
           that
           it
           is
           the
           Opinion
           of
           such
           as
           have
           a
           greater
           Insight
           into
           the
           Laws
           of
           other
           Governments
           ▪
           and
           our
           own
           ,
           than
           I
           will
           pretend
           to
           that
           there
           is
           not
           
             any
             one
             Countrey
          
           where
           there
           are
           any
           
             Legal
             Trials
          
           at
           all
           ,
           but
           the
           Life
           of
           the
           Subject
           is
           better
           guarded
           ,
           the
           meth●d
           of
           Trials
           in
           
             Capital
             Cases
          
           more
           equal
           than
           in
           ours
           ;
           and
           whoever
           will
           look
           over
           the
           manner
           of
           Trials
           here
           ,
           during
           the
           Saxon
           Times
           ,
           will
           find
           we
           are
           in
           some
           great
           Fundamentals
           degenerated
           from
           our
           ancient
           Liberties
           .
        
         
           I
           will
           only
           add
           upon
           this
           first
           Head
           an
           account
           of
           the
           method
           of
           
             Capital
             Trials
          
           ,
           as
           it
           is
           amongst
           our
           Neighbours
           of
           Scotland
           ,
           who
           ,
           though
           since
           they
           have
           been
           made
           ,
           as
           it
           were
           ,
           a
           Province
           to
           our
           Crown
           ,
           have
           in
           many
           
             essential
             Parts
          
           of
           it
           ,
           undergone
           very
           great
           Violations
           of
           their
           Constitution
           ,
           have
           nevertheless
           herein
           preserved
           what
           may
           afford
           us
           matter
           of
           Instruction
           ;
           and
           therefore
           let
           me
           in
           a
           few
           Words
           give
           you
           their
           Forms
           of
           trying
           such
           Criminals
           .
        
         
           The
           Prisoner
           is
           to
           receive
           his
           Indictment
           with
           sound
           of
           Trumpet
           fifteen
           Days
           before
           the
           Day
           of
           his
           Trial
           ,
           all
           Persons
           then
           have
           access
           unto
           him
           ,
           and
           at
           the
           same
           time
           he
           is
           to
           receive
           
             a
             L●st
             of
             his
             Jury
          
           ,
           and
           of
           the
           
             King's
             Witnesses
          
           ,
           with
           a
           Warrant
           to
           subpoena
           all
           such
           Persons
           to
           appear
           whom
           he
           shall
           think
           fit
           to
           call
           for
           ,
           to
           prove
           his
           good
           Behaviour
           ,
           and
           his
           Objections
           against
           the
           Jury
           or
           the
           
             King's
             Witnesses
          
           .
        
         
           Upon
           Application
           from
           the
           Prisoner
           ,
           The
           Privy
           Council
           gives
           order
           to
           such
           Lawyers
           as
           are
           named
           in
           his
           Petition
           to
           appear
           as
           Counsel
           for
           him
           ,
           with
           Assurance
           unto
           them
           ,
           that
           they
           shall
           never
           be
           called
           in
           question
           for
           any
           Thing
           they
           shall
           urge
           in
           Defence
           of
           their
           Client
           .
        
         
         
           When
           the
           Prisoner
           comes
           to
           his
           Trial
           ,
           every
           Word
           that
           is
           spoken
           by
           the
           King's
           
             Attorney
             General
          
           to
           enforce
           the
           Indictment
           against
           the
           Prisoner
           ,
           and
           every
           Word
           spoken
           by
           the
           Prisoner's
           Counsel
           for
           him
           ,
           is
           written
           down
           by
           the
           Clerks
           of
           the
           Court
           ,
           and
           entered
           upon
           Record
           ,
           together
           with
           his
           Indictment
           ,
           to
           furnish
           ground
           of
           Process
           afterwards
           against
           the
           Judges
           ,
           if
           upon
           Trial
           it
           be
           found
           that
           they
           have
           judged
           unjustly
           ;
           and
           the
           Retaliation
           is
           carried
           so
           far
           in
           Scotland
           ,
           that
           if
           upon
           ●he
           Review
           of
           those
           Proceedings
           it
           is
           found
           (
           after
           the
           he●t
           of
           the
           Prosecution
           is
           over
           )
           that
           the
           Judge
           was
           byassed
           by
           Interest
           ▪
           Malice
           or
           any
           other
           Passion
           ▪
           to
           direct
           a
           Jury
           wrong
           and
           give
           a
           wrong
           Sentence
           ▪
           then
           the
           Judge
           ,
           if
           alive
           ,
           sh●ll
           also
           be
           executed
           ▪
           but
           if
           the
           Judge
           is
           dead
           ▪
           the
           H●irs
           of
           the
           executed
           Persons
           shall
           rec●ver
           from
           he
           Heirs
           of
           the
           deceased
           Judge
           whatever
           Damage
           their
           Fortune
           sustained
           upon
           that
           
             illegal
             S●ntence
          
           .
        
         
           Before
           the
           King's
           
             Witnesses
             ▪
          
           are
           exmined
           the
           Prisoner's
           Witnesses
           are
           called
           and
           examined
           upon
           Oath
           ,
           both
           as
           to
           the
           Prisoner's
           
             good
             Fame
          
           ,
           and
           the
           Truth
           of
           his
           Defences
           ;
           as
           also
           whether
           they
           knew
           that
           any
           of
           the
           King's
           Witnesses
           have
           been
           dealt
           with
           to
           depone
           against
           the
           Prisoner
           ,
           or
           have
           ever
           threatned
           him
           any
           Mischief
           ,
           or
           are
           of
           
             bad
             Fame
          
           ,
           either
           of
           which
           incapacitates
           them
           from
           being
           Witnesses
           against
           the
           Prisoner
           :
           Nay
           ,
           after
           the
           Prisoner
           has
           had
           all
           his
           Probation
           against
           the
           King's
           Witnesses
           ,
           he
           may
           demand
           ,
           that
           such
           as
           have
           not
           been
           cast
           by
           his
           Evidence
           should
           purg●
           themselves
           upon
           Oath
           ,
           before
           the●
           give
           their
           Testimony
           ,
           that
           they
           bea●
           the
           Prisoner
           no
           Malice
           ,
           that
           they
           n●ver
           threatned
           him
           any
           Mischief
           ,
           an●
           that
           they
           have
           been
           never
           dealt
           wit●
           to
           depone
           against
           him
           .
           The
           Members
           of
           the
           Jury
           are
           liable
           to
           the
           sam●
           
             legal
             Incapacities
          
           ,
           and
           they
           may
           be
           proved
           against
           them
           by
           Witnesses
           ,
           o●
           their
           own
           Oath
           .
        
         
           The
           Judges
           are
           not
           allowed
           to
           spea●
           to
           the
           Jury
           before
           they
           withdraw
           .
           If
           any
           Message
           be
           sent
           to
           the
           Jury
           ,
           a●ter
           they
           are
           withdrawn
           ,
           from
           the
           
             Judges
             ;
             Attorney
             General
          
           ,
           or
           an●
           Person
           concerned
           in
           the
           Government
           the
           Prisoner
           is
           acquitted
           upon
           his
           proving
           it
           .
           The
           Jury
           is
           never
           returne●
           to
           amend
           their
           Verdict
           .
           There
           mus●
           be
           Two
           positive
           deponing
           Witnesse●
           to
           each
           Matter
           of
           Fact
           alledged
           agains●
           the
           Prisoner
           .
        
         
           I
           have
           said
           all
           that
           I
           will
           to
           the
           Reasonableness
           and
           Necessity
           of
           it
           ;
           and
           now
           let
           us
           in
           the
           next
           place
           consider
           ,
           Whether
           this
           is
           a
           proper
           Time
           to
           propose
           and
           insist
           upon
           such
           a
           Bill
           .
        
         
           The
           first
           Consideration
           which
           I
           shall
           urge
           ,
           might
           have
           been
           brough●
           as
           a
           Reason
           for
           the
           absolute
           Necessity
           of
           having
           such
           a
           Bill
           ,
           which
           Consideration
           is
           this
           .
           The
           P.
           of
           Orange
           in
           his
           Declaration
           assigned
           the
           Abuses
           in
           
             Capital
             Trials
          
           as
           one
           of
           the
           Reasons
           o●
           
           his
           coming
           over
           ;
           and
           what
           the
           P.
           of
           Orange
           then
           Declared
           ,
           he
           would
           see
           amended
           before
           he
           laid
           down
           his
           Arms
           ,
           is
           not
           K.
           William
           engaged
           in
           Honour
           and
           Interest
           ,
           are
           not
           all
           that
           design
           to
           support
           this
           Government
           bound
           to
           promote
           and
           agree
           to
           ?
           And
           consequently
           ,
           Is
           it
           not
           the
           
             indispensable
             Duty
          
           of
           all
           that
           wish
           well
           to
           their
           Majesties
           ,
           with
           all
           Speed
           to
           insist
           upon
           
             proper
             Bills
          
           for
           that
           Purpose
           ?
           How
           certain
           soever
           it
           is
           ,
           that
           the
           only
           
             Jus
             divinum
          
           of
           our
           Monarchs
           ,
           and
           all
           other
           Monarchs
           too
           ,
           is
           derived
           from
           the
           
             Voice
             of
             the
             People
          
           ,
           that
           
             Hereditary
             Right
          
           is
           one
           of
           Sir
           Robert
           Filmer's
           Dreams
           ,
           or
           at
           most
           but
           a
           
             Monkish
             Fable
          
           ,
           that
           Election
           is
           the
           most
           
             Authentick
             Title
          
           ,
           and
           that
           the
           Commissions
           of
           Kings
           are
           
             de
             Beneplacito
          
           :
           I
           say
           ,
           however
           true
           and
           certain
           all
           these
           Notions
           are
           ,
           yet
           they
           will
           return
           to
           their
           old
           Bondage
           ,
           will
           again
           fall
           in
           Love
           with
           
             Passive
             Obedience
          
           ,
           and
           think
           they
           have
           done
           Wrong
           to
           King
           James
           ,
           if
           the
           Prince
           of
           
           Oran●e's
           Promises
           are
           not
           kept
           ,
           and
           our
           Constitution
           bettered
           by
           the
           Change.
           And
           whereas
           some
           ,
           otherwise
           judicious
           and
           worthy
           Men
           ▪
           would
           have
           this
           Bill
           take
           effe●t
           ,
           and
           got
           it
           voted
           in
           the
           House
           that
           it
           should
           take
           effe●t
           ,
           at
           the
           end
           of
           this
           War
           ,
           and
           not
           till
           then
           ,
           in
           my
           humble
           Opinion
           they
           were
           much
           in
           the
           wrong
           ;
           for
           it
           l●oks
           as
           if
           the
           Wh●gs
           thems●lves
           designed
           this
           Revolution
           only
           to
           g●t
           more
           ●●●er
           into
           their
           own
           Hands
           ,
           and
           to
           make
           use
           of
           that
           Power
           too
           ,
           to
           revenge
           themselves
           upon
           their
           Enemies
           .
           I
           love
           some
           Men
           that
           were
           concern'd
           in
           that
           Clause
           too
           well
           to
           aggravate
           this
           Matter
           ,
           or
           to
           recite
           the
           Reasons
           some
           of
           them
           gave
           for
           voting
           for
           it
           .
           
             Revenge
             ▪
          
           is
           a
           very
           ill
           Reason
           for
           any
           Vote
           in
           Parliament
           ;
           and
           if
           any
           honest
           Man
           has
           been
           persuaded
           to
           oppose
           this
           Bill
           ,
           or
           consent
           to
           that
           Vote
           ,
           that
           they
           might
           the
           better
           secure
           this
           Government
           ,
           I
           beg
           leave
           to
           inform
           such
           mistaken
           Persons
           ,
           That
           all
           Governments
           are
           better
           secured
           by
           letting
           ▪
           Twenty
           guilty
           escape
           ,
           than
           by
           the
           
             illegal
             Condemnation
          
           of
           any
           One
           Man.
           The
           Blood
           of
           the
           Martyr
           is
           the
           Seed
           of
           Civil
           as
           well
           as
           Religious
           Opinions
           ;
           and
           therefore
           perhaps
           through
           Lenity
           a
           Throne
           is
           most
           effectually
           established
           ,
           even
           where
           Men
           are
           ,
           according
           to
           the
           strictest
           Rules
           of
           Justice
           and
           Equity
           ,
           at
           the
           Mercy
           of
           the
           Government
           ;
           but
           whether
           that
           be
           so
           or
           no
           ,
           I
           am
           sure
           that
           where
           the
           Law
           is
           not
           plain
           ,
           an
           Execution
           is
           a
           Defeat
           to
           those
           that
           sit
           at
           the
           H●lm
           .
        
         
           Moreover
           ,
           that
           the
           opposition
           that
           those
           who
           have
           ,
           or
           
             would
             have
             Persions
          
           ,
           whether
           in
           the
           
             House
             of
             Lords
          
           or
           Commons
           ,
           have
           given
           to
           Sir
           William
           Whitlock's
           Bill
           has
           not
           in
           the
           least
           preserved
           our
           present
           Establishment
           ,
           is
           plain
           to
           all
           that
           reflect
           how
           few
           there
           has
           been
           proof
           against
           ,
           though
           this
           Bill
           was
           baffl●d
           by
           such
           Ar●ifices
           as
           little
           became
           our
           Reformation
           ,
           our
           
           Preten●es
           to
           Reformation
           .
           This
           Bill
           would
           have
           been
           so
           far
           from
           weakning
           ,
           that
           it
           would
           have
           strengthned
           our
           Government
           ;
           for
           one
           good
           Bill
           gains
           the
           King
           that
           gives
           it
           many
           Friends
           ,
           and
           such
           Friends
           as
           are
           so
           by
           
             Principles
             of
             Liberty
          
           ;
           and
           who
           therefore
           are
           the
           
             fastest
             Friends
          
           to
           an
           
             Elective
             Crown
          
           .
           Had
           the
           King
           had
           ,
           as
           some
           wish
           ,
           Opportunities
           ,
           by
           the
           help
           of
           the
           Presidents
           of
           
             latter
             Reigns
          
           ,
           and
           those
           Stretches
           of
           Prerogative
           which
           we
           ought
           to
           condemn
           in
           this
           ,
           to
           sacrifice
           some
           of
           those
           who
           have
           been
           
             too
             busy
          
           for
           K.
           James
           ,
           there
           are
           not
           any
           of
           that
           Sort
           of
           Men
           who
           have
           not
           amongst
           us
           Friends
           and
           Kindred
           ,
           who
           would
           have
           been
           angry
           at
           the
           
             disputed
             Legality
          
           of
           the
           Death
           of
           their
           Relations
           and
           Friends
           .
           It
           is
           not
           for
           want
           of
           Blood
           ,
           but
           because
           we
           have
           not
           obtained
           
             good
             Laws
          
           ,
           and
           amongst
           the
           rest
           THIS
           ,
           that
           our
           Government
           is
           so
           low
           :
           It
           is
           because
           the
           WHIGGS
           have
           not
           kept
           to
           ,
           and
           asserted
           their
           
             own
             Principles
          
           ,
           and
           because
           K.
           William
           has
           fallen
           into
           the
           Hands
           of
           Tories
           ,
           and
           such
           
             Whiggs
             as
             he
             has
             made
             Tories
             ,
          
           that
           all
           our
           Affairs
           are
           in
           this
           Condition
           .
           
             Illegal
             Trials
          
           and
           
             Arbitrary
             Notions
          
           are
           strange
           Recipe's
           for
           a
           Government
           that
           is
           
             it self
             founded
          
           upon
           a
           Declaration
           against
           them
           .
           It
           is
           full
           time
           to
           vindicate
           the
           Sincerity
           of
           the
           P.
           of
           
           Orange's
           Declaration
           in
           this
           particular
           ;
           and
           therefore
           this
           is
           a
           proper
           time
           to
           promote
           and
           insist
           upon
           such
           a
           Bill
           .
        
         
           But
           I
           will
           not
           dwell
           upon
           this
           ,
           I
           will
           proceed
           to
           another
           Consideration
           .
           Either
           K.
           William
           is
           a
           good
           Prince
           ,
           or
           a
           bad
           one
           .
           If
           a
           good
           one
           ,
           't
           is
           in
           the
           Reigns
           of
           such
           we
           must
           get
           Laws
           against
           such
           as
           are
           bad
           ;
           and
           no
           Man
           can
           tell
           how
           long
           will
           be
           the
           Reigns
           of
           the
           best
           of
           Princes
           .
           If
           he
           is
           not
           so
           affectionate
           to
           our
           Liberties
           as
           we
           could
           wish
           ,
           and
           did
           expect
           him
           ,
           then
           we
           have
           great
           Reason
           to
           endeavour
           the
           getting
           of
           this
           Law
           ,
           to
           guard
           us
           against
           even
           his
           own
           
             Male
             Administrations
          
           .
        
         
           And
           this
           is
           the
           time
           to
           gain
           this
           Law
           ,
           because
           he
           will
           give
           us
           any
           Law
           upon
           Condition
           we
           will
           provide
           for
           his
           Journey
           to
           Flanders
           .
           Indeed
           our
           best
           Princes
           have
           always
           sold
           us
           for
           our
           Money
           the
           best
           Commodities
           ,
           
             good
             Laws
          
           :
           But
           even
           the
           worst
           of
           Princes
           must
           give
           the
           People
           
             good
             Laws
          
           ,
           whilst
           the
           
             House
             of
             Commons
          
           keeps
           the
           Pu●s●
           ,
           and
           the
           Crown
           stands
           in
           need
           of
           our
           Supplies
           .
        
         
           But
           further
           ,
           How
           can
           our
           Representatives
           answer
           it
           to
           their
           Constituents
           ,
           if
           they
           part
           with
           such
           vast
           Sums
           ,
           and
           don
           't
           obtain
           for
           them
           a
           Law
           ,
           that
           for
           so
           long
           time
           ▪
           almost
           the
           
             whole
             Nation
          
           has
           thought
           necessary
           ,
           for
           which
           
             twelve
             Years
             agoe
          
           we
           would
           almost
           have
           ▪
           given
           half
           our
           Limbs
           ,
           and
           half
           our
           Fortunes
           ?
        
         
           This
           is
           the
           Time
           to
           promote
           
             this
             Bill
          
           ,
           because
           some
           will
           be
           for
           it
           now
           who
           never
           were
           for
           a
           good
           Bill
           before
           .
           Wise
           Men
           should
           make
           use
           of
           the
           Inclinations
           and
           Interests
           of
           all
           
           Men
           If
           the
           WHIGGS
           were
           true
           to
           their
           own
           
             former
             Professions
          
           this
           Bill
           might
           be
           now
           carried
           almost
           
             Nemine
             contradicente
          
           ,
           more
           unanimously
           than
           most
           Bills
           were
           ever
           carried
           ▪
           Methinks
           Men
           should
           not
           care
           for
           what
           Reasons
           other
           Men
           come
           into
           
             that
             Sence
          
           which
           is
           for
           the
           good
           of
           their
           Countrey
           ,
           but
           should
           make
           use
           of
           all
           Factions
           and
           Parties
           to
           serve
           it
           .
           The
           Apostle
           Paul
           rejoiced
           that
           Christ
           was
           preached
           ,
           
             though
             for
             By-Ends
          
           ,
           and
           we
           should
           rejoyce
           that
           our
           honest
           Notions
           are
           propagated
           ,
           let
           what
           will
           be
           the
           Designs
           of
           those
           that
           set
           them
           on
           foot
           ,
           or
           go
           in
           with
           them
           .
        
         
           But
           farther
           ,
           if
           we
           lose
           this
           Opportunity
           ,
           it
           is
           not
           impossible
           but
           we
           may
           lose
           it
           forever
           .
           If
           we
           lay
           hold
           on
           this
           Opportunity
           ,
           though
           the
           Ministers
           we
           have
           ,
           and
           their
           ill
           Management
           ,
           should
           lose
           us
           our
           Government
           ,
           this
           would
           questi●nless
           be
           one
           of
           those
           Laws
           which
           the
           first
           Parliament
           under
           King
           James
           will
           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.