Affection of Yours: Opportunities of doing this Act of Justice, fo honourable to you, and fo pleafing to me, I perfuade myself will very frequently occur; and you may rest affured they fhall be always very readily embraced, and improved to the utmost Advantage,"

THURSr

1

THURSDAY, Oct. 27, 1763.

MR

FOURTH DAY.

R. R— F— got up and faid, that as many unavoidable Accidents frequently prevented the best-intentioned Subjects from qualifying themselves within the exact Time prescribed by the Act, and that, as the Act was never defigned to distress such Perfons, by taking Advantage of a Delay which they could not prevent, he humbly moved 'that Leave might be given, to bring in Heads of a Bill for allowing farther Time to Persons, in Offices or Employments, to qualify themfelves, pursuant to an Act to prevent the farther Growth of Popery.

Ordered that Leave be given to bring in the Heads of fuch a Bill.

Mr S

Mr H L

As Liberty is the common Birth-right of Mankind, and, like Health, is that Bleffing, without which no other can be enjoyed, it is

certainly Matter of Regret, that, by the natural and neceffary Imperfection in all human Things, the Liberty of Induftry and Innocence fhould, in fome Circumftances, be precarious, even in this Country, of which Freedom is the glorious, and almoft peculiar Privilege, and in behalf of which our Ancestors have been ever ready to expend the laft Mite of their Property, and the laft Drop of their Blood. As Juftice is nothing more than Goodness, under the Direction of Wisdom, which inflicts Punishment upon a Part for the Good of the Whole, Punishment, however merited, and however neceffary, by no means excludes Pity: The Magiftrate may, without Reproach, drop a Tear over the Criminal whom he condemns even to die, and feel the generous Struggle of Compaffion in his Bofom when he denies Liberty, even to Idlenefs and Guilt; what then must be the Feeling of the humane and generous Mind, where the Law, either deceived by the Wiles of iniquitous Cunning, or the fortuitous Concurrence of fpecious but deceitful Appearances, is found to have condemned blameless Simplicity, and laborious Diligence to a Dungeon, in which, like the Grave," there is neither Work nor Device by which Man can profit,'

and

and which is crowded with all the Horrors that are the genuine Progeny of Mifery and Guilt; and yet if no Man was to be committed to Prison, but upon full Examination, and inconteftible Proof of his Guilt, what Offender could be fecured? and if the Profecutor, upon failure, in his Proof, was to become fubject to the fame Punishment, which the Delinquent would have incurred, what Offender would be prosecuted? At the time when Perfons, taken up upon Sufpicion, are committed by a Magiftrate, the Proof of their Crime, fuppofing them to be really Guilty, is often known to be impoffible, at least, it is always impoffible where it is not manifeft and felf-evident, and where it is fo, the Commitment is not an unmerited Punishment. And, as our Laws require nothing less than an abfolute Demonftration of Guilt, by direct and pofitive Evidence, it would be Cruelty instead of Mercy to fubject the Profecutor, who has been already injured by the Crime committed, to fuffer inftead of the Offender, because he has not been able to demonftrate that the Perfon against whom there were reasonable Suspicions was he. What then is to be done? fhall, we admit more flender Evidence to convict the Accused, that it may be

equitable to punish the Accufer, if he fails in the Conviction? This, furely would be no Teftimony, either of our Humanity, or our Wisdom; or fhall we, instead of the Solemnity of a Tryal, by twelve difinterested Perfons, the Equals, or Peers, of the supposed Offender, enable a subordinate Magistrate to determine finally of Life and Death, by fuch Probabilities as can haftily be brought before him, upon the firft Apprehenfion of a fufpected Perfon? Surely this would be still lefs eligible than the other Expedient. If the Evil then of fometimes committing an innocent Perfon to Prison cannot be obviated without bringing Innocence into yet greater Danger, and expofing it to yet worse Mischief, it is natural to enquire, what Methods the Legiflature has taken to atone for the Wrongs which its own Imbecility makes unavoidable; when a Man, whofe Poverty exposed him to the Imputation of Crimes, which the Wealthy could not be tempted to commit, has been kept a Prisoner till the Time of his Tryal arrives, and, when he is brought to the Barr, it appears that he is innocent, and, perhaps, that he has been the Victim of one of those Wretches, who make Perjury fubordinate to every other Crime, or of fome Villain, to

whom