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 [Page 2] 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.

[Page 3] 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 [...] [Page 4] 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 [Page 5] 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, 'tis 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 [Page 6] 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 [Page 7] 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 [Page 8] 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,