Constitutional History of England, Henry VII to George II. Volume 3 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 3 of 3
Hallam, Henry
Constitutional history -- Great Britain
_Statute of William III._--It might for a moment be doubted, upon the
statute of Edward VI., whether the two witnesses whom the act requires
must not depose to the same overt acts of treason. But, as this would
give an undue security to conspirators, so it is not necessarily
implied by the expression; nor would it be indeed the most
unwarrantable latitude that has been given to this branch of penal
law, to maintain that two witnesses to any distinct acts comprised in
the same indictment would satisfy the letter of this enactment. But a
more wholesome distinction appears to have been taken before the
revolution, and is established by the statute of William, that,
although different overt acts may be proved by two witnesses, they
must relate to the same species of treason, so that one witness to an
alleged act of compassing the king's death cannot be conjoined with
another deposing to an act of levying war, in order to make up the
required number.[239] As for the practice of courts of justice before
the restoration, it was so much at variance with all principles, that
few prisoners were allowed the benefit of this statute;[240]
succeeding judges fortunately deviated more from their predecessors in
the method of conducting trials than they have thought themselves at
liberty to do in laying down rules of law.
Nothing had brought so much disgrace on the councils of government and
on the administration of justice, nothing had more forcibly spoken the
necessity of a great change than the prosecutions for treason during
the latter years of Charles II., and in truth during the whole course
of our legal history. The statutes of Edward III. and Edward VI.,
almost set aside by sophistical constructions, required the
corroboration of some more explicit law; and some peculiar securities
were demanded for innocence against that conspiracy of the court with
the prosecutor, which is so much to be dreaded in all trials for
political crimes. Hence the attainders of Russell, Sidney, Cornish,
and Armstrong were reversed by the convention-parliament without
opposition; and men attached to liberty and justice, whether of the
whig or tory name, were anxious to prevent any future recurrence of
those iniquitous proceedings, by which the popular frenzy at one time,
the wickedness of the court at another, and in each instance with the
co-operation of a servile bench of judges, had sullied the honour of
English justice. A better tone of political sentiment had begun indeed
to prevail, and the spirit of the people must ever be a more effectual
security than the virtue of the judges; yet, even after the
revolution, if no unjust or illegal convictions in cases of treason
can be imputed to our tribunals, there was still not a little of that
rudeness towards the prisoner, and manifestation of a desire to
interpret all things to his prejudice, which had been more grossly
displayed by the bench under Charles II. The jacobites, against whom
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