BILL FOR REGULATING TRIALS IN CASES OF HIGH-TREASON.

The whig interest generally prevailed in the elections, though many even of that party were malcontents; and when the parliament met, Foley was again chosen speaker of the commons. The king in his first speech extolled the valour of the English forces; expressed his concern at being obliged to demand such large supplies from his people; observed that the funds had proved very deficient, and the civil list was in a precarious condition; recommended to their compassion the miserable situation of the French protestants; took notice of the bad state of the coin; desired they would form a good bill for the encouragement and increase of seamen; and contrive laws for the advancement of commerce. He mentioned the great preparations which the French were making for taking the field early; in treated them to use despatch; expressed his satisfaction at the choice which his people had made of their representatives in the house of commons; and exhorted them to proceed with temper and unanimity. Though the two houses presented addresses of congratulation to the king upon his late success, and promised to assist him in prosecuting the war with vigour, the nation loudly exclaimed against the intolerable burdens and losses to which they were subjected by a foreign scheme of politics, which, like an unfathomable abyss, swallowed up the wealth and blood of the kingdom. All the king’s endeavours to cover the disgusting side of his character had proved ineffectual; he was still dry, reserved, and forbidding; and the malcontents inveighed bitterly against his behaviour to the princess Anne of Denmark. When the news of Namur’s being reduced arrived in England, this lady congratulated him upon his success in a dutiful letter, to which he would not deign to send a reply, either by writing or message, nor had she or her husband been favoured with the slightest mark of regard since his return to England. The members in the lower house, who had adopted opposing maxims either from principle or resentment, resolved that the crown should purchase the supplies with some concession in favour of the people. They therefore brought in the so long contested bill for regulating trials in cases of high treason, and misprison of treason; and considering the critical juncture of affairs, the courtiers were afraid of obstructing such a popular measure. The lords inserted a clause, enacting, that a peer should be tried by the whole peerage; and the commons at once assented to this amendment. The bill provided, that persons indicted for high treason, or misprison of treason, should be furnished with a copy of the indictment five days before the trial; and indulged with council to plead in their defence; that no person should be indicted but upon the oaths of two lawful witnesses swearing to overt-acts; that in two or more distinct treasons of divers kinds, alleged in one bill of indictment, one witness to one, and another witness to another, should not be deemed two witnesses; that no person should be prosecuted for any such crime, unless the indictment be found within three years after the offence committed, except in case of a design or attempt to assassinate or poison the king, where this limitation should not take place; that persons indicted for treason, or misprison of treason, should be supplied with copies of the panel of the jurors, two days at least before the trial, and have process to compel their witnesses to appear; that no evidence should be admitted of any overt-act not expressly laid in the indictment; that this act should not extend to any impeachment, or other proceeding in parliament; nor to any indictment for counterfeiting his majesty’s coin, his great seal, privy seal, sign manual, or signet.

WILLIAM, 1688—1701.