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A60121 The magistracy and government of England vindicated in three parts : containing I. A justification of the English method of proceedings against criminals, &c. II. An answer to several replies, &c. III. Several reasons for a general act of indempnity. Shower, Bartholomew, Sir, 1658-1701. 1690 (1690) Wing S3655; ESTC R38174 44,043 38

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the distinction between an actual seizing them and a Consult and Agreement to seize them what I have urged before overthrows it and what the Author says doth not maintain it for both have a tendency to the execution of the Treason intended I will not take the pains to remark upon all the Inconsistencies of the Concessions and Denials in the Book they are obvious to the Readers As to his Quarrel at the King's Guards as an illegal thing and terrible to the People somewhat of the French growth I hope the King will always preserve them for his own personal Preservation notwithstanding the Author's Opinion As to his temporary Laws which declare Words Treason most part of them were affirmative of the old Law and were made only in complement to a new crowned Head when they prohibited nothing but what was before so and for the rest no Conclusion could be made from them for the maintenance of his Assertion if he had repeated them which since he does not nor will I. As to the Cases cited by the Author of the Antidote which I have mentioned he agrees to Constable's Case but does not distinguish it in its reason from that in dispute He denies the Authority and Law of Dr. Story 's Case which no body ever denied before him He says that in the Lord Cobham's Case there were People assembled but gives not any Answer to what the Antidote affirmed viz. that the Overt-act taken notice of in the little Book called The Pleas of the Crown was only the conspiring to make an Insurrection He doth confess that in the Lord Gray's Case there was only a Conspiracy He says that in Sir Henry Vane's and Plunket's Case there were several other Ingredients to mount them to Treason but what they were no body must learn at least not from the Author for he names none of them He consumes half a Page in an Encomium upon the Judiciousness of that Court which made a conscientious legal Scruple Whether the Murther of a Mistriss by her Servant were Petit-Treason by reason of the difference of her Gender But at last he tells us That the Judges of the Common Pleas did upon much deliberation satisfie those of the King's Bench that Master and Mistriss were in effect but one In the conclusion of the first Letter he says That Conspiring against the King's Person is most justly taken to be to conspire against the King's Life but in the Book he will not allow a conspiring and agreeing to seize i. e. beat and destroy the Guards which are ordinarily and commonly known to attend the King's Person to be a conspiring against his Person which whether it be or not the next Trial of this Nature will determine Now after all what can be a greater Reflection upon the Learning Judgment and Integrity of the King's Council Judges and Recorder than to declare and publish in Print that the first prosecuted the second tried and the last condemned a Gentleman as a Traitor when the Charge had nothing in 't of that nature If true the bare Printing it is unbecoming the But as for their Reputations let them justifie themselves The reason of my undertaking to explode such a Reflection was my own and every Man's Duty to the present Government the King and Queen's Majesties being both concerned and eminently too in the consequence of such Doctrines and a love to my Country-men that they may not presume upon the Authority of such a defence for if they do they may find their Mistake when noozed through the power of Truth the contrary Opinion As to the Proof I will not rake into it since the Author hath represented too much of its strength and de mortuis nil nisi bonum it can never be thought a gratefull Province to debate or convince of Guilt but yet I may say so much that there was Evidence enough to justifie All concerned in the Prosecution and Trial though for several Reasons the Attainder is fit to be reversed but hardly for those which this Author mentions Since the writing of this Sheet there came to my hands a Treatise calling it self The Lord Russel 's Case which savours more of Policy than Law and his Topicks are the Rights of the People and Power of Parliaments they argue the Author to be a greater Statesman than Lawyer and therefore much too great for me to encounter and a Debate concerning the Heads he insists on is neither safe nor allowable without doors I shall make but three Remarks on what he says First He may assure himself That that Power from which he argues his Law is now apparently lodged in the Commonalty not in the Nobility Secondly The King's Sollicitor whom he reflects on twittered more Reason and Law than yet hath been or ever will be answered And thirdly The Indictment contained no new constructive Treason but only that which was plainly and directly declared in and by the 25 Edw. 3. if the Letters of it make Words and the Words Sense and one Man may be allowed able to read them as well as another Since the writing of the last Paragraph there came to my hands another Pamphlet written by a new Observator but I suppose the Judges that shall be will correct that sort of Licentiousness which he assumes in his Remarks which if they do not they 'll have fine easie places on 't as well as their Predecessors and much good may it doe them Aetas parentum pejor avis tulit Nos nequiores mox daturos Progeniem vitiosiorem Horat. A Second Vindication of the Magistracy and Government of England by way of Answer to the several Replies c. IT is very observable that since the late Revolution nothing hath more disturbed our Peace than the Liberty of the Press and amongst all our new Prints the most malignant and mischievous Libels on the present Government have been written by those Lawyers who pretend themselves the greatest Zealots for its Honour and Service which may besuspected as false unless it be withall considered that some modern Royallists have nothing recommendatory of themselves but the Miscarriages of others and others of them have such great ones of their own that an Extenuation or Excuse is impossible and therefore to cloud their own Deformities they would blacken other Mens Reputations and in order to it they have censured Innocence and arraigned Laws and where a slip or fault hath been though so small as scarcely to deserve the name of one they have magnified it into an execrable Villany and for a colour of such their Calumny and Slander they have vented new Gospel and Law both nay they have broached such Notions to the World as are directly fatal to that Crown of which they boast themselves the Makers and Supporters and yet in doing so they pretend to merit It is strange but true for the Fact is plain and the Consequence too upon the present Change the Republicans of both Gowns did deem it their Policy and