Reasons for the tryal of the Earl of Torrington by impeachment by the Commons in Parliament, rather than any other way

REASONS FOR THE TRYAL OF THE Earl of Torrington BY IMPEACHMENT BY THE Commons in Parliament, Rather than any other Way.

THat the Nation is Obliged in Honour, Justice, and Prudence, to have the Miscarriage of our Fleet in the late Action at Sea, throughly Ex∣amined, and duely Punished, I presume no Man will deny.

And as to the Question, Which way this May and Ought to be done?

That it May be done in Parliament, I conceive cannot be denyed, without supposing a very great Defect in the Con∣stitution of our Government; as if it were not sufficient to correct so notorious a Miscarriage: and I know none who do deny it.

And that it Ought to be done at the Prosecution of the Com∣mons, I am clear of Opinion, for these Reasons:

I. That Way is Plain, and free from all those Doubts and Questions, which may arise upon the Stat. of H3. C. 2. or and other Statute.

II. It being a Case, wherein not only this Nation, but ma∣ny other States, viz. all our Confederates, are concerned, it ought in Honour and Respect to them to have the most So∣lemn Determination that may be; and not be left to the De∣termination of any Inferiour Authority; as if the Miscarriage of some ordinary Officer, or some Cause of common or ordi∣nary Concern was to be determined.

III. It is notoriously known to be the Desire and Expecta∣tion not only of the Seamen, but generally of the People of this Nation, that Justice be done in this Case; and therefore their Representatives, who are Elected and Intrusted to act for them, are obliged to demand Right on their behalf in a Case of so great Importance: And the Neglect hereof may justly be resented by those who chose them.

IV. The Hononur of the State and Government is concerned to express their just Resentment of so great a Dishonour done to both Nations: And it might be looked upon as a plain Indi∣cation of Unsettledness and Disagreement among our selves, if both Houses do not declare their Unanimity therein.

To these may be added,

V. Whereas Punishments do principally respect the Future, to prevent the like Mischiefs for the time to come; and it is more than possible that so great a Crime was not committed without some Temptation from others; It is therefore possible that the Admiral may be able by some Discoveries to do such Service to the King and Nation, as may in part expiate his Crime, and deserve such Mitigation of the Sentence, as is out of the Power of an Inferiour Court, and fit to be considered only in Parliament.

VI. It being a Crime of so great Publick Concern, and He being a Person of that Quality, it is fit the Tryal should be, not on a Ship at Sea, where few Persons can come, but as pub∣lick as may be, in the View of all People, that the Justice of the Proceedings may be visible to all; that so the People may have no Cause to Murmur and Complain in case he be ac∣quitted, nor He or his Friends have the Confidence to do it in case he be Condemned.

VII. Of the Officers in the Fleet, those who fought not are generally suspected by the Seamen and the People; and those who fought 'tis likely may be suspected by him and his Friends: So that of them it will be hard to select such as are free from all Suspicion of Partiality on the one side or the other.

VIII. The Motion in the House for Tryal by Impeachment in the Name of the Commons of England, may be of good Use to discover the Disposition of many Members of Parliament to the Common Cause; and give tbe People, who are gene∣rally well affected to it, occasion to make a better Choice of some of their Representatives another time.