London and deliver the Queen of Scots and that 's all There 's nothing remains in doubt but the legality or illegality of the King 's keeping Guards for the preservation of his Person they say the Law takes Care of him and therefore he is to take none of himself and that the Judges are his Guards and therefore he needs no other that Henry VII was the first other But let us reason a little can it be King that had any supposed that he should be so sacred in his Person so great in his Power and of such Authority as to make War or Peace abroad and raise Forces and suppress them at home as the Danger or Defence of his Realm should require and not be able to provide for his own Personal Safety de presenti Can he only punish by his Judges afterwards or prohibite by Proclamation before but not defend himself for the present Is it sense to suppose it The Kings of England might have and actually had Soldiers or Guards call them what you will even in times of Peace and long before Hen. VII as well as continually since I may be so bold as to defie any Man to shew me the Year the Month the Week or the Day since the Conquest by William I. that England was without armed Men actually upon Duty in some part or other of the Nation This Sheet is not intended for a studied Argument on this Subject and perhaps it would be difficult to justifie a standing Army as warrantable when there 's no occasion for it but to say he can't by force even by force provide for his own personal Safety when he apprehends it in danger as every English King hath continual reason to doe especially if some Mens Doctrine prevail it may be modestly affirmed unreasonable Hath not every Subject power to keep Arms as well as Servants in his House for defence of his Person Is not his Mansion called his Castle And yet the Law protects him too by Prohibitions à parte ante and Punishments ex parte post There are many Tenures in England which oblige to the annual payment of certain Summs towards Soldiers Wages for Defence of the King and Kingdom there are others oblige to the annual finding certain quantities of Grain in kind for the supplying the King's Castles and Garrisons as well as Houshold which being annual do demonstrate the lawfulness of their continuance even in times of Peace and their being immemorial do conclude a Common Law right in the Kings of England to have those Occasions as they do conclude him a Right to have them supplied by such like Services Nay Grand Serjeantry is either by Services of Attendence on the King's Person in time of Peace or for Military Aids in time of War The Crown may raise Forces by Commission or of the Militia to suppress Insurrections in Case the Civil Power of the Sheriff is not sufficient or ineffectual The Kings of England have the sole Power and Force of the Nation Complaints have been in Parliament against Billeting Soldiers contrary to the Will of the Hosts but never for maintaining a Guard for their own Person at their own Charge Complaints have been of a standing Army but never of a select Company for his personal preservation a Terror to the People may as well be pretended from his Coachmen Footmen or Grooms if their Numbers be great Besides for a competent Power in Arms he always may have occasion when his Subjects know nothing on 't 't is his Province to foresee and prevent as well as suppress and punish domestick Tumults and the Business of War is separately his Office and that exclusive of his Subjects any otherwise than as they are bound to obey and fight or desired to assist with Aids and Subsidies and for this to avoid a numerous Volume of Citations I 'll name one notable Roll or two in Parliament 6. Ric. II. Mem. 9. the manner and way of the prosecution of a War being given in Charge to the Commons to advise upon they answered that this nec doit nec solayt appertain al cux mes al Roy and so they did 31 Edward III. Parte prim n. 11. 21 Edward III. n. 5. It 's true in 5 Edward II. n. 4. Ordinances were made that the King without the assent of his Barons could not make War but those were repealed and dampned 15 Edw. II. Parl. Rot. M. 13. because prejudicial to the Royal Power of a King and this is sufficiently affirmed by the Act concerning the Militia in Carol. II. his time It is well known in what time Bryan Chief Justice said that if all the Subjects of England should war with the Subjects of another Kingdom that this is no War unless the King denounces it It suffices for my Friend's Point that the King may lawfully have armed Men or Guards when himself judges his Person or People to be in danger or stand in need of them And that he may when reasons of State will not admit their publication to the World But however fome standing Force the Crown ever had and ever will have though not always to such a Degree as shall be burdensome or oppressive and our old Law Books say that Arms as well as Laws are necessary for the Prince not only in but against the times of necessity I mean War or Tumult besides in Bracton lib. 3. cap. 3. de Corona 't is said that Crimen lesae Majestatis is the greatest Crime because of the greatness of the Person against whom 't is committed his description of it is Presumptio contra personam ipsius Regis then when he particularizes the several sorts of Treason the first which he names is Si quis ausu temerario machinatus sit in i. e. towards mortem domini Regis vel aliquid egerit vel agi procuraverit ad seditionem Domini Regis vel exercitus sui licet id quod in voluntate habuerit non perduxerit ad effectum I 'll make no Inserence there needs no Paraphrase the words are plain an Act tending to the destruction of the King's Host is High Treason against his Person agere ad seditionem exercitus regis est presumptio contra personam Regis presumptio contra personam Regis est crimen lesae Majestatis Now can Bracton be thought to speak only of Treasons in time of War Glanvil lib. 14. c. 1. Crimen lesae Majestatis dicitur de seditione Domini Regis vel regni vel exercitus and Fleta lib. 1. c. 20. De seductione exercitus sui cap. 21. the same words seductionem cjus vel exercitus sui this was the sense of the old Law and is very appositely applicable to the Case in question as I could easily shew would my Paper bear it There is one thing which I had quite forgot and that is that the Instrument of Grievances which the Prudence of the present Parliament hath provided complains of a Standing Army the Answer is
Soames's Case and the other above mentioned But what is more In the Voluminous Argument against the Dispensing Power owned by Sir R.A. he doth concede that there are some Prerogatives so personally and inseparably inherent in the Crown that no Act of Parliament can cramp or diminish or at least take away and that being granted I 'm sure all that the rest of the Book says can never make that a plain Case and in truth his own Argument shews and and leaves it a disputable Point and if that were doubtfull every particular else may well be buried in Oblivion besides in Cases of Construction the nature of the thing admits of doubt and then there 's no colour for Punishment Besides In respect of inferiour Persons by our Constitution they are obliged to submit to and follow Westminster-Hall which is the lex loquens Angliae and when all these things are duly considered there will remain but few grand execrable Criminals who are fit to be made Examples of only to tickle some aggrieve others and terrifie none for that will be the consequence for that 's the case of all Violence where the Justice of the thing is not clear and undoubted Then for Exceptions Let us think a little Is it reasonable that some should suffer for not being affraid of Punishments never declared or promulgated and others should escape because their Countenances are more fawning or that by consent their Relations have plaid on the other side or that their swinging Fortunes enable them to scatter Mice for their personal Indemnity or that they have had the lucky Principle of being faithfull to all Changes and true to nothing else or that they have been forward to subvert their old Master after their fire and folly had ruined him and endangered themselves these and such like are no Pleas for Justice and yet this is the Case Farther The drift is to magnifie and aggrandize Punishments by Bill which by the standing Laws and common Justice of the Realm could not be inflicted and they urge two Reasons for it 1. Their particular Pardons will otherwise excuse them To that I answer Either they are valid in Law or not if not there 's no need of Bills if they are valid in Law the same Law and Justice of the Land enjoin their allowance even the same Law by which the Countrey-man plows his Land the Gentleman receives his Rent the Trader recovers his Debt and the Senator sits in the House and by the same Reason that these enjoy their Properties the Criminal ought to have his Pardon allowed for one's a right accrued by the Law as well as the other 2. The common Chanel is too smooth Severity is sometimes necessary and that now if ever and therefore the Legislative Authority ought to exert its power and punish according to demerit To answer that I say either they are no offences by Law and there needs a Bill to make them such and inflict evils upon them as such or else they are offences but deserve a greater Punishment than a common Court may pronounce Now if the first be the Case then I 'm sure 't is rank palpable tyrannical Injustice and that 's the Plague of living under an an Arbitrary Power for none can know what 's not Criminal If they mean the latter as I suppose they do then I ask to what end were Punishments invented in Societies but to restrain Men from doing particular actions through the power and influence of Fear And how could that Consequence be expected when the penalty was never known before 't is inflicted and to inflict an evil afterwards which was not known before is to make a man suffer that which he could not fear because he could not know it and this because he did not fear it And the Justice of that is plain too I agree with the Satyrists that there are some Precedents of this last method of proceeding but most of them are repealed I 'll name two that are so the Earl of Strafford's which the very Law it self did enjoin Posterity not to observe or follow or doe the like I can't forget one expression of his to this effect upon the Tryall if there be an Errour in a Judge so that he give a sentence otherwise than a Man of better understanding conceives Reason for there 's no cause the offence should be hightened because he was not so wise a Man as he might have been nor so understanding as another which if allowed will make it more eligible to follow a Plow than serve a Government to dig in a Ditch than bear an Office for all Men stand obnoxious to the Constructions and Passions of succeeding Times There 's one Istance more and that was Sir Tho. Haxey's who was attainted of Treason for bringing in a Bill into the Commons House against the Prerogative though while and as a Member I suppose the Sparks will not much applaud the justice of that Procedure for their own sakes but as I said before that and most others of their Precedents were repealed when a cooler Assembly met upon the next Session and so was Haxey's in 1 Hen. 4. Cott. abr rec 362 363. But if Vengeance be requisite it ought to be without respect of Persons the Justice of it ought to be impartial true and Catholick and then come in the Pensioners and Surrenderers the Regulators and Promisers the old High Commissioners and the new Creed Makers c. and God knows quis non c. Nay since the Revolution some must come in for a snack of Censure too the buyers and sellers of Places the Members that took Offices contrary to their own Motion and Vote in the Westminster Parliament The Proclamation-men for prohibiting of importing French Commodities under pain of Confiscation of Ship and Goods three Weeks before a War proclaimed contrary to eleven Acts of Parliament for Free Trade even in Parliament-time the Treasury for farming Lotteries which are common nusances contrary to multitudes of Statutes and continuing them still with non obstante's in the Indenture though illegal and void ab initio the great Seal for passing four Patents at one Seal in this Lent Vacation with non obstante's contrary to the Bill of Rights the new Sheriffs for practising what themselves condemn'd in a Moore and a North Cum multis aliis quos nunc describere longum c. To conclude our Saviour's Rule if observed will be the most infallible Indemnity that can be contrived and that is John 8.7 Let him that is without Sin amongst you cast the first stone And in truth a Censor of the Manners of others ought himself to be pure clean and innocent in omni re quacunque and if there be no danger but from such I 'm sure there 's no danger at all and that it should be so is the truest Justice in the World quod fuit probandum I 'll not mention the Argument from the Vacancy that the Government was dissolved every thing reduced into its primitive state of Nature all Power divolved into individuals and the particulars only to provide for themselves by a new Contract for if so there 's yet no new consent for Punishment of acts done before the Dissolution and consequently revenge for that is at an end Indemnity therefore ought to be promoted by those who made that Vote for otherwise their truth may be suspected c. POSTSCRIPT SOme perhaps will blame the boldness of this Style as provocative rather than palliating to which I say Truth ought never to be shame-faced for veritas praevalebit one time or another and if it do not but angers some 't will be only those that were implacable before who if they hant good nature enough to pardon a bold stroke or two with a Pen they 'll ne'er consent to an Act of Indemnity and then their Fury is not to be regarded for the want of it will inflame as it hath created our present Divisons and consequently run us at last into a true Confusion from which Good Lord deliver us THE END
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 Printed in the Year MDCXC The Magistracy and Government of England Vindicated or a Justification of the English Method of Proceedings against Criminals by way of Answer to the Defence of the late Lord Russel 's Innocence c. IN the present Age when the variety and multiplicity of new Prints is such that the money and time required for their purchase and perusal is more than an ordinary Gentleman can reasonably allow it may deservedly be thought a Nusance to the publick to have their numbers increased especially since the Complaint of the ingenious Authour of the Trimmers Character that for this very cause he could almost have wished himself unable to read but yet the Support of Magistracy and Government is a noble Theme so usefull to the publick and so generally agreeable to the humour of Mankind that the mere Subject will I presume be an Excuse for this Publication if any thing can be so At this time of day none would have thought that a necessity should happen of writing upon such a Topick when every English Protestant was entertaining himself with the pleasing Prospect of impartial due and indifferent Administrations when Authority was becoming amiable and easie to the People when the People were inclining to a zeal and affection for the honour of Magistrates in short when the Law was recovering its clouded Credit in this Conjuncture none expected to see all the Pillars and Posts in the Town daubed with plentifull Title Pages like so many Histriomastrixes of Will Prinn's directing their Spectators to Books of Obloquy and Reproach not only on the Persons and Opinions but the Authority of Judges when neither of the three are corrigible or so much as censurable any otherwise than in and by a Parliament much less was it expected that a Gentleman of the long Robe would appear in Print to ridicule their own Profession and expose our Law even to the Scorn of Foreigners It would not have been so very strange to have seen a Doctor of the Commons exercising his Wit and Railery on the Common Law Proceedings when he saw his dearest Diana I mean his Excommunication Process in danger of becoming useless and a fair occasion given him for such an Essay from the Disgust of the People against Westminster Hall But none imagined that Satyrs and Invectives upon past Proceedings should be writ by Lawyers who expect a farther Benefit from their Profession by the Grace and Favour of the Government which if they happen to acquire according to their Expectations I would only remember them that Mocking is catching in the Proverb There was once upon a time a certain Master of Arts who whilst at Cambridge did ridicule and expose the Clergy of the English Church by writing the pretended Causes of their Contempt but the Templers said that he whilst at London did give an occasion for a third Part to the same Tune or at least a new Edition of the Book with Additions by the Authour himself even of his own dull as proper for the like use In petty Corporations they who have most complained of others hardships have frequently outdone their Predecessors when once they have got their places A whining complaining Servant doth often prove a peevish imperious Master and I am sure in the Inns of Court the most noisie troublesome and mutinous Students and Barristers make the stiffest and most magisterial Benchers I make no application but I leave the Reader to doe what he pleaseth Better things are to be hoped of all concerned in publick Government Since the Press seems open and Lawyers Books are published without a License another may assume the same Liberty with equal Authority and with more Reason when his Province is only to correct the Misrepresentations of Things Actions and Persons though made by Authours of Age Experience Figure and Learning I will not say Candour or Honesty especially since they are private Men and having vented their own Thoughts in Print they remain no longer theirs but are equally exposed to the Censure or Applause of every Reader Besides 't is generaly presusumed that an Authour expects a publick Animadversion or otherwise he would never have become such He presumes his Arguments irrefragable and then an Answer does him no mischief and if they are otherwise he deserves it And surely he stands as liable to be corrected by others as others were to be censured by him And it is more warrantable certainly to write and print for the Vindication of former Proceedings than it can be either candid or gentile to arraign or expose them especially since to do so is and must needs be mischievous to past present and future Governments as Experience will unquestionably teach us but the other is and will be of service to future Administrations by maintaining the Reputation and Credit of Judiciary Proceedings It is well known that the Lord Russel being so unfortunate as to fall under the accusation of Treason was the most pitied of any under those Circumstances by all who knew either his Family or personal Character great expectations were then had of the Issue of that Tryall the Event gave great occasion for Discourse afterwards and almost ever since the printing of his last Speech with the several Answers to it did much augment the Talk It cannot but be remembred how various and different the Sentiments of most were upon that Subject the Debates concerning it generally concluded in a pity to his Person and Relations as a great Misfortune upon both and in truth upon the Nation that a Gentleman of such Qualifications should be guilty of so much Inadvertency to say no worse as to engage so frequently in such Consults as he unhappily did Some blamed the Jury most censured the Witnesses but very few arraigned either Counsel or Court and in truth the fairness and indifferency of that Trial was such that his own Relations were pleased and his Enemies angry with those that then sate upon the Bench and thus it continued till the present Revolution Then the Memory of that unfortunate Gentleman was revived by the publication of a Defence of his Innocency the Name subscribed to the Title-page is so great that I should be affraid to proceed but that I am resolved not to be known and therefore if any thing falls from my Pen indecent or disrespectfull he must excuse it as a privilege claimed by Authours especially of Books that have no Name to them To begin at the end for what purpose was that Pamphlet printed It could not be for the good of the Nation as a means for consumption of Paper for as I have been told that 's a French Commodity It could not be for the Bookseller's profit only for a reason to be guessed
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
His supposed Criminals do not depend on their Number but the Law which ought and will justifie them if it doth not pleasâ— let it be changed by Parliament or if the Author thinks that a tedious way let us burn all our Law Books at once and then perhaps his Remarks and Reply will be thought to be Reason and himself the greatest and only Lawyer in the Realm but till then he must give others leave to know and to say that they know he is mistaken For Resolutions and Opinions pursuant and agreeable to the Opinions and Rules of former Ages I mean frequent and repeated Precedents approved by the Lawyers of the Age that used them I say these will be Law to the end of the World unless altered by new Statutes And now we are come to debate the Question all that is past is upon the Times and not the Point In p. 18 is his Reasoning part which is no more than was said before in c. To redargue him I must repeat if therefore he will observe what is said by the Sheet p. 22. I will say no more on 't but submit to the Judgment of the Reader he says the inferences are Ridiculous I say they are Rational and Genuine The single Issue is if his or my Friends Arguments are the most Logical and Natural let the Reader judge Now for Authorty let us see if he urges any on his side or answers that on the other He admires p. 24. at the assurance of the Sheet Author and others admire at his He says the Parliament had often adjudged it but none can shew any Judgment in the House of Lords or Vote of the Common House to that purpose I have shewn the Sense of the present Parliament in the Point of Guards and his temporary Laws are already answered nor would any Man but he and one more pretend that they are Judgments in the Case Surely it will not be pretended that his Case of the Earl of Northumberland in Hen. 4. time is any thing to the purpose Nor is it any Argument to say no King of England was ever killed for want of Guards Now for Cases p. 26. He saith that in the Earl of Essex's Case there was an actual War Levyed and that as I said before destroys the Argument from the different sorts of Treason As to Cardinal Pool's Case he only says there was another Statute in force then but no Record or History says that he was indicted on any other than the 25. Edw. 3. As to Dr. Story 's Case he tells a long Tale out of Camden about the Fact but answers not one word to the Indictment whatsoever the Evidence was the Indictment was as the Sheet alledges and that is enough His answer to Coleman's Case is that that things hapning afterwards proved more but the Evidence was no more than what my Friend alledges As to Sir Henry Vane's Case his answer is his own hear-say of what was proved but the Judgment he never perused argued like a Lawyer As to Constable's Case and the rest he gives no answer but only that a repetition of a number of Cases makes a mutter and a noise and so it does when they Govern and Rule the matter in question and are not answered Owen's Case he says the Author presses it strangely and that is all He says the Cases of Burton Duke of Norfolk Awater Heber and Crohagn are not to the purpose let the Reader judg if they are not pertinent As to the Opinion of the Judges in the Lord Stafford's Case he doth not mention it but says the reviving that Case might have been spared and that is all a pretty answer As to Colledg's Case he talks of a proof of a self Defence but nothing to the Point it was urged for As to the Cases of Lord Cobham Gray and Rawleigh in 32 33 34 35. pag. Setting aside his scandalous Invectives and Reflections upon those Times Ministers and Governments he no ways attempts to answer the Argument drawn from them viz. that the Charge was the same as in the Case in Dispute Now I appeal to any Man of Sense and Reason that will Read and Think closely if the Repliant hath offered any one Argument more than the Lord Russel's Case Defence and Justification had alledged If he hath shewn any one Judgment where such Indictment was resolved naught if he hath given any answer to Dr. Story 's Collingborn's Sir William Ashton's Burdet's and Sir H. Vane's Indictment in short if he hath answered any two of the Cases cited or if he hath done any thing but reflect on past and late times and if the Indictment remain not good both for matter and form notwithstanding all these pretended Replies Upon the whole matter I desire the Reader to peruse the Book cited and to judg if there be not presidents enough unanswered to justifie the Indictment in question and that the Recorder gave a good Judgment upon the Verdict that affirmed its truth quod fuit Probandum To conclude Since the Repliant is in love with Horace I would advise him to consider one hint of his Forum putealque Libonis Mandabo siccis Hor. The third and last part of the Magistracy and Government of England vindicated with Reasons for a General Act of Indemnity c. IT hath been the observed misfortune of most mix'd Governments particularly of our own never long to enjoy the entire Friendship of all its individual Subjects the lowermost Side hath too frequently acquired the greatest share of the Peoples Love or at least Pity It 's then no point of Wonder that the Servants of former Crowns should incur their proportion of Envy Hatred and Reproach and amongst all those none more obnoxious to it than the Ministers Officers and Instruments of Justice for such are the vitiated Sentiments of Persons interested in all Suits that the Vanquish'd is certainly injured or thought or said to be so which is all one by the Persons themselves their Friends or Relatives their Patrons or Creatures In truth there 's scarce a Tryal on the Plea or Crown-Side but one party and someties both do leave the Court with a swinging Curse or two on Judge Council Jury Witnesses and perhaps all concerned upon which account it can never be deemed a justifiable much less a commendable and meritorious Imployment for Lawyers to note and report and afterwards publish to the World the Clamors of such Malecontents with the addition of Sarcasm instead of Argument and blushless Lies instead of Law and Precedents and all this under the pretence of serving their Majesties and the Government but 't is a mere pretence for first it 's not their Province these Publications are made by them not as Legislators or Judges but as private Persons and one of their Libels seems calculated only for private Lucre as either the hopes of a Place or increase of Practice by telling the Town in the first and last Pages where the Author lives of what