The Man-Hunter: OR, A due REPROOF of a Malicious LIBEL Against the Present GOVERNMENT; ENTITLED, The Third and Last Part of the Magistracy and Government of England Vindicated, with Reasons for a General Act of Indemnity. It is the part of an illnatured Man (or I might rather say scarce of a Man) to make a Trade of Hunting People to Death. Tully's Offices. Sir R. L ' s. Ed. p. 143. Be sure to observe this Duty as inviolable and sacred, never to have any thing to do in exposing of Innocent Blood. For it is a Crime that no colour in the World can justify; for what can be so inhuman as to turn the Faculties of Reason and Eloquence, that were given us for the Benefit and Conservation of Mankind, to be the Ruin and Destruction of honest Men. ibid. THE Author of the three shame Vindications of the Magistracy and Government of England, in his last, especially, sets up for a Wit, in his way of exposing men's Persons; a Lawyer in colouring over the most outrageous Attempts upon men's Lives, and Assassinations under Pretext of Law, with a false show of allowable Precedents; and a Politician, in an awkard Recommendation of a general, indefinite Act of Oblivion, whereby he would have the greatest Criminals freed even from Marks of Disgrace, as if that were possible, when such Men, ●ag. 4. ●g. 5. like Cain, will ever carry their Marks about them. But as he would have the Oblivion indefinite, it must be meant in relation to Time as well as Persons; and no doubt but he would have all endeavours for the Subversion of the present Government pardoned; and yet presses this in such a manner, as brings one exception at least, in himself; whilst he vilifies our happy Settlement, as founded on a bottom which makes the pardoning of Criminals in former Reigns necessary for its justification and subsistence, and indeed the parting with all the Laws of this Nation, not enacted since the Abdication, for that if every thing were not ●ag. 8. I'll not ●ention the Ar●●●ent from the ●acancy, that ●e Government ●as dissolved, ●ery thing redu●●d into its primitive State of ●lature, all pow● devolved into ●●dividuals, and be Particulars only to provide for themselves by a new Contract, for if so; there's yet no new consent for Punishment ●f acts done before the Dissolution, and consequently Revenge, for that is at an end; Indemnity therefore aught to be promoted by those who made that Vote, for otherwise their Truth may be suspected, etc. reduced to its Primitive state of Nature upon the breach of the Contract and vacancy of the Throne, which was voted by the Convention as the foundation of its Proceed, than the late King had not broken the Contract (a total Dissolution of the Government being supposed inseparable from such a Breach.) Nor was there ground for declaring King William and Queen Mary our King and Queen, and for the Parliament afterwards to enact, that Their Majesty's having accepted the Crown were, are, and OF RIGHT ought to be, by the Laws of this Realm, our Sovereign Liege Lord and Lady, etc. † Bill of Rights 1. W. M. Upon this, the Observation is very natural that this Gentleman is more concerned for the Criminals in former Times, than for the Honour and Support of this Government. What pity is it that the late C. J. died with Reproach, and did not live to be cleared by this Advocate that he might put in for a Man of Merit now, for his Truth, Probity and usefulness! some no doubt think it were better that he should still be Chancellor, than that the Great Seal should be in Commission, bearing a resemblance of a Commonwealth, not much unlike the People's declaring for King William and Queen Mary; for wherever the Power or Title is lodged in more than one, they will have it a departure from the Monarchy. And thus there must be one Chancellor, one Treasurer, and the King and Queen must be one Person by a mysterious Union. But to return to our Author, he not only scandalously reflects upon our Settlement, but directly Libels the Bill of Rights, which declares, That the late King, by the Assistance of divers evil Counsellors, Judges and Ministers employed by him, did endeavour to subvert and extirpate the Protestant Religion, and the Laws and Liberties of this Kingdom: And yet being conscious, that at least, part of the Charge against evil Instruments, would equally fit some who were very active to those ends in the Reign of C. II. while they could keep on the Mask of Service to the Church; strongly labours to have it believed, that all such Pag. 2. Reflections upon the Servants of former Crowns, made by any private Persons, proceed from vitiated Sentiments, are but the Clamours of Malcontents, with the addition of Sareasm instead of Argument, and blushless Lies instead of Law and Precedents, downright Libels criminal, and injurious to common Justice. Pag. 2. According to which, either the Censure passed by the Parliament upon Servants of the late King is not true, or else the same things become false if mentioned by private Persons. For him to clear his Pretences either to Wit, Law, or Policy, it might be requisite to learn to reason like a Man; for he must not fancy that this thinking Age can be imposed upon with a few glittering Periods, hanging together like a Rope of Sand; especially when they want a practised motion of the Head and Hand, a Cadence measured to the breath, and a tuneful Accent to set them off, by the help of which; one who can't write common Sense may pass for an Orator in speaking: I am sure had he not been better versed in Rhetoric than Logic he would never have argued thus. For Lawyers to note and report Abuses of Pag. 1. the Law in former Reigns, under the pretence of serving Their Majesties, is mere Pretence: Mark one of the convincing Reasons; For first it's not their Province; these Publications are made by them, not as Legislators or Judges, but [as private Persons.] As if [private Persons] must stay for Commissions to serve their Country in their civil Professions or Studies, as well as in the Wars upon ordinary occasions; and without such Authority their Services can never be real, or really intended. To have this pass into a Law indeed would be useful Policy for such times as he is concerned for; but at present Men are to seek of the Reason why what a private Person does with the greatest Sincerity and Application of Mind, for the Service of his Country, and Information of Posterity, should be but a Pretence merely because he is a [private Person.] I here give but a taste of his way of Reasoning, but shall have occasion to expose it more fully where he would be thought to argue with the greatest Strength. But since this false Reasoner, and Perverter of Law to the worst of purposes, Pag. 4. I'll plague the Worl. no more with writing on th● dull, flat, unprofitable Subject, etc. Pag. 1. The Ce●sors unworthy 〈◊〉 being their Bag-bearers, as I shall show beyond contradiction, has obliged the World with a Promise to plague it no more on the Subject of his three Papers; it might seem a foolish Bravado to appear in the Field after him, did not his withdrawing proceed from a vain confidence of an entire Victory, and insolent contempt of those whom he leaves to be chastised by his, or his Patrons, Bag-bearer; and would run down with Terms of Reproach, which generally argues a baffled Cause, and is the last Refuge against Reason and Authority. Some who understand no Poetry raised above the Psalms, with the Version, by Law established, think that in calling a Man Poet, they must necessarily levelly Third part p.: Second part p.: speaking of a Great Man's Paper, where he, or his Friend is touched. As to the Wit of it most of his Readers are at a loss to find it, unless it be in his English Verses, which ● so hit the sense of the Original, and contain such strong and pregnant Flights of English Poetry, that some of his Re●ders have compared them even with Sternhold and Hopkins, and others are of opinion that they do not come short of t● Essays of two Grays-Inn-Poets, one of which translated Grotius, De veritate Christianae Religionis. him to a Sternhold or an Hopkins. Neither Grotius nor Sir Matthew Hales shall pass for Instances, that some have written in Verse upon grave and useful Subjects, without being Triflers in every thing. Yet they who treat with Scorn all those who have ever versified, though with the common Allowances for their Years, are themselves more truly Poets, and given to Fiction in their Calumnies; thus passing by Bloodhounds, Bellowers for Vengeance, Barking Curs, Popular Bullies, and the like, as only the common ●age 4, 5, 6. Ornaments of his Style; he says of those His Majesty's Servants, who have steadily adhered to his, and his Kingdom's Interest, it is now pretty plain, ●ag. 2. that though they might love His Majesty when, and as Prince, yet they do not, will not, cannot love him, or any Man else, as King. Where is the Evidence of this? Did they oppose his coming to the Crown? Or have they denied his Title since, or the Foundation of it? Which this Author ridicules. And while he would turn his Majesty's Heart against his best Subjects, not only would thereby force him into the Hands of his Enemies, but in his railing Accusations against those whom he calls Republicans, truly imitates the Grand Accuser, who took the very same method against Job: from whom he desired the Almighty to withdraw his Protection, and then he did not doubt but his old approved Servant would curse him to his Face. Men of less Patience than Job would have sunk under the Trial; but God foresaw that it would tend to his own Glory and that good Man's Benefit: But it is not to be thought that His Majesty will make the Experiment to gratify or encourage his Enemies, or them who boldly dispute the very Foundation of his Title. With the same Poetical Licence, they who in any Corporation came, by due Election of ancient Members, into unprofitable Offices vacant of Surrenderers, are called Regulators: but they who projected the Regulations, and others who made Surrenders in pursuance of the Project, were so innocent that he begs pardon in calling what might be inflicted upon such, Punishments, and no doubt they would be as ●ag. 5. good Martyrs as St. Becket. But to give a naked Representation of Fact, concerning such as thought themselves part of a former violent Government, is such Confidence and exorbitant Malice, as extorts a Check, and that perhaps from no meaner an Orator than ●ag. 3. one who has been successful in improving [no Fact] into Treason, and turning Vid. the Trials of Ld. R. Col. S. Mr. C. Ld. B. the Fact directly in proof for a Person accused, to supply a defective Evidence against him; and to make that very defect, with an artful Varnish, to set off a Witness who was manifestly perjured, having sworn at one Trial the contrary to what he had sworn at another. They who have such admirable Talents at making Traitors may be in making as many Lunatics as they please, the work is easy, 'tis but giving the word among a Party and the Business is done, and then 'tis impossible ●ag. 3. for one ever to be thought to speak or write Sense; but as the true Judgement concerning Lunacy is not to be taken from things depending upon chance, but from the regular or irregular exercise of the Faculties of the Mind; Perhaps it may be no great question with any who can judge for themselves, which has discovered most of the Lunatic, the Author of the new Nonconformist, or the Vindicator. He who believing that all private Considerations ought to yield to the Service of his Country, had listed himself early, though without Pay, in hopes at least that since he was resolved never to rise upon its Ruins, it might not be the worse for him that he had contributed his utmost to its Flourishing; and finding the Enemies to its Peace, or those who are ignorant of its fundamental Constitution, to have instilled into men's Minds Notions inconsistent with our Settlement, thought he might with Safety and Privilege defend its true Foundation; who cannot get out of his Head the belief that they who would make the Faults of Ministers in the late Reigns doubtful, would have it doubtful whether the Throne was Vacant, by reason of any Act of the late King; and who thinks that they who justify the bare faced Violations of the Constitution in those Times; do it either as they plead for themselves, or out of Affection to the late Government, and it's evil Instruments: Or he who besides the intemperance and indecency of his Style, and weakness of his Arguments, seems to hope to make his Court to this Government by clearing all that were accessary to the Maladministration formerly; as if the late King alone did all the wrong, which occasioned and justifies our Deliverance, or that this King were beholden to their good Intention, who by joining in the former Violences made way for him; or rather, that according to this Author's Insinuation, Lies are the only Basis of respect to him as King: Who would have the Servants of former Crowns as sacred Pag. 1. as such Men make their supposed King of Right, and would have free Truths of Ministers, Officers and Instruments of Justice, in passed Reigns to be Libels, while at the same time he boldly Reflects upon the Ministers in this Reign as acting contrary to the Bill of Rights, in some Patents which Pag. 8. could not have passed the Seal without Warrants or Bills signed by his Majesty, or Pretences of them by a Secretary of State. What less than Lunacy can this be imputed to, unless he unmask and show that he will not own K. William to be lawful and rightful King, and think his Party strong enough to maintain him in it? which appears much more plainly than any thing he lays to the charge of others, not only by the above mentioned Reflections upon the present Government and Ministry while he excuses the former; but from his holding it fitting that Words alone should be accounted Treason in late Reigns, but waving its Pag. 2. Eviction in this for fear of a strained use of such Opinion to ill Purposes: Whereas, if it were or might be applied to a good purpose for supporting of a former Government, or Ministry, one would think it might to at least as good purpose be applied now. And how well he thinks of the Instruments in the late Revolution, any Man may judge when he calls those who were Active in contributing to it, or encouraging others, Bellowers for Vengeance; this 'tis plain is the gentle rebuke which he gives both Pag. 6. Parties in the late House of Commons, who agreed on Heads under which some should be excepted out of the Act of Indemnity, which he will have to bring their Honour in question, because while they did this they took care of such as he calls their Servants, for all their Excesses upon the Revolution, for which he refers to the Act of Parliament. To pursue the Enquiry after the Lunatic, I may add what less than Lunacy could make him expect to have them damned for Republicans, who for the sake of the common Good carried it for this King to reign over them? and to have it believed that they could not love him as King, but Pag. 5. barely as Prince of Orange, while they who were for keeping him still Prince of Orange, should be thought the only Men that love him, as King, because he is what they desired and laboured that he should never be? By such a mad sort of reasoning the Regency-Men who were for making him Regent or Protector by the Power of the People, without Authority from any King, are the only Lovers of Monarchy. Indeed absolute or despotic Monarchy is the best means to justify their open defiance of all Laws: Nor can any King but a Tyrant serve their Turns, and yet if he fall into the Hands of any other Faction, none more ready than they to rise against him. But what Monarch they are for, may be known without consulting Prophecies, and how much soever this Writer may slight that Collection of Pag. 3. He hath added a little of the Lunatic, as appears by his Rhimes, Prophecies, etc. Vid. the Preface to Nostredamus, etc. Predictions and Concurrence of Events, which one would think might surprise and startle the greatest Unbelievers, and have had weight with more than Visionairs; yet he would do well to answer those Authorities joined to them, showing our present Settlement to be according to the Constitution of this ancient Monarchy, and by way of Anticipation silencing the folly, not to say Lunacy, of the dangerous Suggestion, that no Criminals in former Reigus ought to be punished because of the Dissolution of the Contract between the late King and the People of England; as if that dissolved the Government, and every thing were thereby reduced into its primitive State of Nature. And I fear some Vindicators of the late Government or of its Ministers, will not allow that we yet have any Law or legal Administration. A little Reading in those Politics which he reflects upon, might have taught him more Sense out of one of the Ornaments of the present Age. Pufendorf; of whose Name and Writings perhaps he knows as little as that Sam. Pufendorf de Interregnis Pag. 267. Post decretum circa formam regiminis novo pacto opus erit, quando constituuntur ille vel illi, in quem vel in quos, regimen caetus confertur. And Pag. 282. They who have come together into a Civil Society, &c. cannot be presumed to have been so slothful as to be willing to have their new Society extinct upon the Death of a King, and to return to their natural State and Anarchy, etc. the Great Grotius has left behind him a Book of Poems, nay that his admirable Treatise of the Truth of the Christian Religion was, as he tells his Friend Bignonius at the beginning of it, but an account of what he had written in Dutch-Verse. Some will think this Writer's own concern transported him beyond all Rules of Sobriety, if not to frenzy and raving, where he talks of Blood-heunds fretting, huffing, bouncing, while they foam Curses and Execrations. Good, Gentle, soft Sir! what is the matter? what are you repeating in Pag. 4. your sleep an harangue against the Lord R. Colonel S. Mr. C.? or do their Ghosts appear and put you into this disorder? or, to use your own Epithet, is it only a [religionary] Dream? But since the Case of the New-Non-Conformist meeting with a disturbed Imagination, seems to this Gentlemen written by one inspired with Venom and Revenge, even the pure Spirit on't; I shall transcribe that passage which Pag. 1. he refers to, and leave it to the Reader's Judgement, whether there is in it any one Reflection made by the Writer of that Case, or any thing more than a true State of Fact set in a clear Light; and thereby perhaps exposed to the just Abhorrence of all who are not involved in the like Gild, or sworn to a Party. Dr. Sherlock having declared in his Pulpit that he had the advice of Eminent Lawyers for his preaching after the Deprivation incurred by the Statute, it seemed not improper to inquire what sort of Lawyers would give such advice, that the weight of their advice might be the better understood to remove the prejudice of such Authority against the express Words of a Statute. Page 10. which the Vindicator citys has this Query. Whether another of the Lawyers had not maintained in order to take away men's Lives, that Scribere est agere, Writing is an overt Act of Treason New Non-Conf. pag. 10. within the 25th of Edw. 3. That though in the Judgement of several Parliaments it has been found needful to have temporary Laws to make WORDS spoken or written OVERT ACTS of Treason, yet NO MAN EVER DOUBTED BUT WORDS ALONE may be Acts of Treason within 25 Edw. 3. That how manifest soever the Distinction of kinds of Treason be within the Statute; whatever the Opinion of the Lord Coke, or the Case of the late or any former Revolution, yet NO MAN EVER DOUBTED, but a Conspiracy to levy War is a Conspiracy against the Life of the King within that Act. That the meeting where the levying War was discoursed of, without proof of the Parties knowing the end of the meeting; and a bare Agreement in others of the Company to seize Guards not established by Law, were OVERT ACTS within the Statute, in a Person against whom no Words or Deeds were proved, expressing his consent to any such Matter. And to crown the whole, that notwithstanding the express Provision of the Statute 13 Car. 2. that NO PERSON shall incur the Penalties mentioned 13 Car. 2. c. 1. in that Act, unless he be prosecuted within six Months, and indicted within three after such Prosecution; yet a Man might have been lawfully prosecuted for Treason within that Act, after the six Months. The Fact in Relation to the Person whose defence the Vindicator undertakes, is not disputed by him, and here being nothing but Fact it may easily appear to whom the Confidence and Malice belongs. But to write Pag. 3. truth of a Man whose Green-bag one is not worthy to bear, is confidence, Pag. 1. and if that truth has a sting from the Nature of the Thing, or revives one in the Consciences of them who are concerned in it, it must be Malice. The Vindicator comforts himself that the Indictment is here ommitted Pag. 4. legal: there being no mention of it, as indeed there was no Occasion; for an innocent Man may be barbarously hurried out of the World upon a legal Indictment: and no Man that I know of, ever troubled himself to inquire whether Mr. Cornish his Indictment were legal or no; so that the Indictment was not in the least to the enquiry: A legal Indictment could not excuse the Particulars there enumerated, nor could an illegal one aggravate the Charge. But according to the Vindicator's own rule, all which is waved is admitted unanswerable, and therefore he applying himself only to the defence of making Words alone Treason, yields up the cause as to all the other Matters, which one would have thought it had lain upon him either to deny or maintain. Nay he yields the cause in part even in Relation to Words, for he does not now justify that it was never a doubt, but Words alone may make Treason within 25 Edw. 3. which was positively asserted at the Ld. B's Trial. Nay farther even where he addresses himself to prove the Law to be, that Words alone may make Treason, he now adds Words deliberately, maliciously, and advisedly spoken on purpose to accomplish the demise of the King, which either supposes some Evidence of the Intention besides the Words, or else is very impertinently added. Certainly it lies upon him to prove that Words alone spoken by a single Person, without any other Proof than what arises from the Words themselves, may make Treason, and therefore what may be thought if another accept of a Proposal to destroy the King, is a question very idly put to them, whom according to his usual Flowers, he calls Apologists for Treason. His whole Apology for what he takes to be his most defendable part, amounts to no more than this: No Man ever doubted but Words alone may make Treason, because some have held that Words alone may make Treason; for no Man ever doubted what some have held: however, no Man shall doubt it hereafter, because of my Demonstration from the very Words of the Act, which because of the Dignity of the Person, I shall first consider. By all the Grammatical and other Rules for Interpretation of the sense of Words, the latter part of a Sentence is to be construed [if used by way of Pag. 3, Opposition] as opposite to the Thing mentioned and intended in the foregoing part. From this rule he would infer that the compass or imagining being to be evidenced by overt Fact, it follows that Words are such an overt Fact or open deed, showing the Intention or Imagination of the Mind, as the Statute requires: Why so good Sir? But, 1. It will be hard for him to show, that the OVERT FACT being brought for proof of the Thoughts must be taken by way of opposition to the Thoughts: What necessity is there that the Proof must be used by way of Opposition to the thing to be proved? Nay is it not contrary to the nature of a Proof? You might almost as well say, I will prove a thing to be white because it is black. 2. If this were to be taken oppositely still there must be an other thing begged, which is, that Words are opposite to Thoughts, for unless they are, it will not follow that Words are in the least implied, when we say what is opposed to Thoughts in the first part of the Sentence, is intended in the latter. But because there is required some evidence to prove the Thoughts of the Heart, he will have it that Words must needs be such evidence as is meant, when Deeds only are mentioned: or because Deeds are not opposed to, or rather mentioned as different from, Words, but Thoughts, therefore Words are Deeds. It is obvious to observe, that this his Confusion proceeds from not advancing beyond his Grammar to Logic, which would have taught him to distinguish between things opposite and only different: and it cannot but be known that Divines, Moralists and Lawyers have always carefully taken Thought, Word and Deed as different, and falling under distinct Considerations. But for farther proof that Words may be Deeds, he wisely observes, That a Man never speaks without Action or Motion, whereby he leaves out Words as Pag. 3. opposite to Thoughts, but admits that Deed only is used in opposition to Thought; so that supposing the latter part of the Sentence ought to be taken by way of opposition, which I deny, than the question is, whether Words are Deeds or Facts. If every thing that is with Action be a Deed, than the Acts of the Mind, the very Thoughts are Deeds too, which will increase the Confusion. But as that Motion of the Animal Spirits, which contributes to Thoughts, passes into the nature of Thoughts, so that Motion or Action, which accompanies Words, passes into the nature of Words, and is but the mode of speaking. Of which Staley's Case is a pregnant Instance; He was indicted upon the Statute 13. Car. 2. for these Words, The King is a great Heretic, and the greatest Staley 's Case 30. C. 2. 21. n. 78. Rogue in the World; here's the Heart and here's the Hand, that would kill him. And it was sworn that he laid his Hand on his Breast, stretched out his Arm, and stamped with his Foot five or six times; and yet all these Actions only accompanying his speaking, they were never looked upon as OVERT ACTS within 25. E. 3. This Gentleman will have it that meeting at a Consult, or where a Conspiracy Pag. 4. Vid. Ld. Coke. and Sir Matthew Hales contra. is hatched, and nothing done in pursuance of the Conspiracy is Treason; but as this is brought to prove that Words alone may be Treason, 'tis at the best but proving one thing in question, by begging another thing in question. But he is not more Illogical in his Reasoning, than he is Foul in his Quotations; after he thinks he has proved by dint of Argument that Words are an Overt Fact, nor says he, doth Hugh Pyne's Case contradict this, notwithstanding the confidence of the Remarker that it did, they only say that the Words in that Case were not Treason, etc. but strongly imply other Words might, but see at whose Door the Confidence lies: he presumed upon the Readers belief of his Veracity, but if any Man will trust his own Eyes where he finds matter to question his assertions he may see that it was in that Case solemnly resolved 4 Car. 1. by all the Judges upon full Consideration of all the Crook 's Car. from fol. 83. to 89. Precedents which could be produced, that unless it were by some particular Statute [no Words] will be Treason. Notwithstanding this Resolution, The Vindicator flourishes with four Pag. 2. Cases particularly there considered, not observing the way by which he would silence all Re●●●●s of unjust Judgements, where he tells us we have no Rule but ex ore judicum, or from particular Statutes, and of them they are the Exposiors: he should have added, or the Arguments of the King's Council. But certain it is that Pyne's Case ought at least to have prevented the Assertion, that no Man ever doubted, but Words alone may make Treason within 25 Edw. 3. and being the last solemn Authority in the Point, it's very hard to have it insisted on as clear Law, that Words alone may make Treason within 25 Eliz. to the misleading perhaps a well meaning Jury upon a Man's Life. This fully sets aside all the force that might be in the Opinion of the King's Council and Courtiers, 1 Jac. 1. when a temporary Act was moved in the House of Commons to make Words Treason, and not insisted on because the House turned it off as needless: but whoever reads the Ld. Bacon's Resuscitatio, will find how much it was the care of the King's Bacon's Resuscitatio, Letters, fol. 48. Council at that time to have it so, and how the Chief Justice Coke was against it. He citys indeed the Case of Arthur Crohagan after Pynes, but with his Crook 's Car. 9 Car. 1. usual Veracity; for Crohagan after he had said positively he would kill K. Charles of England, came out of Spain into England; which was looked on as coming to that very Purpose, and was as much an overt Act as if a Man, after such Declaration, should lie in wait for the King with Arms. Then he heaps several Authorities of Actions on the Case brought for affirming that Men spoke Treason: all the Cases before Pyne's Case, and besides whatever might be said in those Cases Obiter, the jet of the Action did not lie that to speak Treasonable Words is Treason; but ●hat it is punishable, as no doubt it is by Fine or otherwise under Death; and therefore the Action would well lie for the damage to the Party. And yet where in such case the Defendant has justified upon Words spoken, the Resolution has been quite contrary to what has been declared by the by; Thus whereas in Blanch Flower's Case cited by him, it is held Yeluerton 's Rep. fol. 107. 5. Jac. Treason to say the King is a Bastard, or has no Title to the Crown; because this may draw Subjects from their Allegiance and Engender mutiny in the Realm; yet it was held in the Case of Smith and Whitbrook upon a Demurrer, that it was no Justification that the Plaintiff had said Bridgman 's Rep. 59 The King is a scurvy King, which is of the same Tendency, with that which is mentioned in the other Case. From pretended authorities he falls to Reasoning, and says, if Words were not Treason there would be a plain Evasion of the Statute, 25 E. 3. as is manifest, upon the reading it, 'tis strange all the Judges in Pyne's Pag. 4. Case could not discern what is so manifest; but besides that, I have shown the contrary to be manifest unless we will blend and confound what Mankind have always had distinct Conceptions of, The Ld. Coke gives good reason why the Statute ought not to be strained to this Sense. The Wisdom says he of the Makers of this Law would not make Words only Treason, seeing such Variety among the Witnesses are about Just. 3. 14. the same, as few of them agree together. And therefore as leases Parol have usually been called leases of Perjury; so Treason's parol may likewise be so called. Another reason brought by the Vindicator being from the Resolutions upon Actions for Words, I have already considered, but may here again observe his strong way of arguing, that Words alone must be Treason, for otherwise no Action could lie for saying a Man has spoke Treason; but surely to speak seditious or treasonable Words, which is in common Acceptation a speaking Sedition or Treason, though not punishable within the Statute 25 Edw. 3. is a Crime for which a Man is punishable; and no Man can question but it is actionable to speak that of another, which if he were guilty of it would subject him to Punishment. I therefore may well renew the Challenge, where is the Authority for the Assertion, that Words alone make Treason within 25 Edw. 3. especially Pag. 4. where is the Evidence that [no Man ever doubted] of this? And Sir Matthew Hales, who lived and wrote since all the Cases mentioned, or pretended by him, may pass for some Body, his Words are these, Compassing Hales his Pleas of the Crown, pag. 13. by [bare Words] is not an OVERT ACT, as appears by many Temporary Acts against it, 26. H. 8. c. 13. 1 El. c. 6. 13. El. c. 1. 14. El. c. i. etc. Having dispatched his Law part, his Politics will deserve but short Consideration, but to allow him to argue tolerably for a General Act of Indemnity, you must grant him his Hypothesis, that if it was not justifiable to make Words Treason, to maintain the dispencing Power, or other things charged upon the Ministers, Officers, and Instruments of Justice in former Reigns, at least the Crimes were doubtful; and therefore the Justice of inflicting Punishments upon them can never be vindicated: but if they Pag. 5. were not doubtful, then at least, the Justice of Punishments must not be disputed. But three Things he endeavours to evince with Calmness, 1. That his Proposal would be grateful to the Nation in General. and every good Man in particular. In the later part of which as 'tis usual with him to mix Heterogeneous matter, he interferes with his 3d Head. 2 Conducing to the Settlement and Interest of the present Government. 3. That 'tis consistent with and promotive of the highest and truest Justice. 1. Though we have not yet had any other means of knowing the Sense of the Nation, but by their Representatives in the last Parliament, who both in the Bill of Rights and the Exceptions agreed to in the Act of Indemnity, sufficiently evidenced the contrary to what he says; yet he labours to argue them out of their Senses, and to prove that that must needs be grateful to them which they have shown not to be grateful: but observe his Reason, for says he, time wares off the sense of Injuries, etc. but if the same Men not only justify what is past, but continue the same Injuries, and show that they will do so, till by Shame or some other way they are brought to a sense of their Crimes, 'tis evident that his reason turns upon him. But then he will have it that none are Adversaries to this General Indemnity, but Republicans and Jacobites, as if himself were no Jacobite. But were all the Members of the last House of Commons one or other of these? what thinks he of the King himself, and those of his Council who have advised him to propound an Act of Grace with some Exceptions, to show his dislike of the Crimes? 2. As to his second Head, it is certainly the Interest of every Government to support those that are, and have been faithful to it, and at least to discountenance others, especially when a Revolution has been occasioned by notorious violations of the Constitution: In such case to make no Examples were to condemn the Change and encourage those Actions, which if they had not been perpetrated, the Change had been needless and unjustifiable. But among his Arguments from Examples to prove his Cunclusion: This is very pleasant; he would prove it good Policy, for that 'tis observable in Story, that the Association in Queen Eliz. time was under a Protestant Prince for the Pag. 6. Protestant Religion, and no ill Success attended it, yet those wise Ancestors of ours thought fit to secure themselves by turning the Association into a Law, and a General Act of Indemnity. According to this, either it is Wisdom to indemnify those who were guilty of Attempts to subvert our Religion and Laws; because they who endeavoured to maintain them in a way not formally authorised, took care not to be punished by them who regarded Form more than Substance: which childish arguing would indeed not be unworthy of our Author: Or which is his more manifest intent) they who contributed to this Revolution, by their active Assistance, have as much need of an Indemnity as they who acted the most arbitrarily before. But whereas he would force this upon such as he calls Bellowers for Vengeance, as if they were obliged to it in Policy and Honour; he in effect makes but one point of it, Pag. 6. it being of his own showing that the Policy has not been neglected, and that they who imitated the Protestants in Queen Elizabeth's Time, in undertaking to defend the Protestant Cause, and their Country, upon the known Rule in the Civil Law, That the Commonwealth may be relieved Cujac. lib. 4. fol. 154. Rempublicam ut pupillum extra ordinem juvari. out of the ordinary Course; did imitate them also in their prudent provision to prevent the Objections and Prosecution of such as this Author, who otherwise might have acted over that part which he already ventures to justify. The Politics failing him, he has recourse to the Honour of them whom he softens and prepares for a Compliance, by the gentle Terms of Bloodhounds, Bellowers for Vengeance, etc. and will have it that they Pag. 4. 6. are obliged in Honour to provide for the Indemnity of him and his Friends; since they did for those who rescued the Nation out of their Hands: which is as much as to say, to show yourselves Men of Honour, you ought to put the Sword into their Hands, who you have reason to believe would try another bout after you had disarmed them. Whatever excuse this Author's Wit, or disorder of Mind, may yield for want of Memory, his Readers cannot but remember that his point here undertaken to be proved, was that a general Indefinite act of oblivion, would be conducing to the Settlement and Interest of the present Government, Pag. 4. Pag. 5. and it must at least be granted, that to pass it upon his Grounds, as supposing the Points charged upon former Instruments to be justifiable, or at least doubtful, would be so far from conducing to the Settlement of this Government, Pag. 5. that it would remove its very Foundation. But then he would have it be the interest of each Party amongst us, the Whig, says he, aught to promote is for two Reasons. 1. Lest being the Pag. 6. lesser part he chance to feel the want of it, and for that he has given some Provocation. 2. That if he be the greater the Memory of his Vengeance and Fury may be forgotten, and himself restored to the good opinion of the rest of Mankind, by one act at least of good Nature. But if such as pass for Whigs with him are the greater and better part of the Nation, than he has no Topick but their Honour to have recourse to, and I am afraid he that has so scandalously reflected upon the Honour of the Lord Russel, as he did in his first Paper, and still justifies the base and dishonest Proceed against him, if he were no farther a Party to them, will be one of the last Men that can expect Forgiveness, till he harangue it in a penitential Declamation. To proceed with him to the Tories. The Tory says he, aught to pursue Pag. 7. the same Measures, and much for the same Reasons, for his Top gallantry hath been, and if repractised will be again as odious and loathsome to the moderate and good as ever it was, or the others could be. Here 'tis observable. 1. That having divided the Nation into Whig and Tory, he either shuts out himself perhaps as being of another Allegiance, or condemns himself on which side soever he stands. 2. He is an excellent Advocate for the Tories who grants their Actions to have been odious and loathsome to the moderate and good, therein indeed he fully shows their Occasion for an Act of Indemnity, but forgets that he would have palm'd it upon the Nation upon the Supposition that such odious and loathsome Practices were Points either justifiable or doubtful. 3. He would Pag. 5. prevail upon the Whig from the Consideration of his being the lesser part, but take him as the opposite to the Tory, and that matter will not easily be granted him. In Church-Matters the Tories have distinguished themselves by a concern for Ceremonies more than Subsistance in Religion, and by setting up for a Division or Faction headed by those who engrossed Preferments by it, and managed underhand by Enemies to the Reformation. In the State their characteristical Note has, ever since the Nation showed its desire of a Law to prevent a Papist from succeeding to the Crown, been the crying up the Monarchy and Succession to it, as independent on humane Laws, and branding all who were for the Bill of Exclusion as Republicans. These Men therefore are but true to their Principles while they call them Republicans, who by a farther advance towards the Liberties of English-Men, than they went in the time of Charles 2. concurred in declaring King William and Queen Mary, King and Queen by the Laws of this Realm; even Vid. Act declaring the Rights, etc. though he whom they would have prevented from coming to the Throne had taken Possession, and is yet alive: while the others who held his Succession sacred, and that none but Republicans would attempt to deprive him of what they contended to be a Divine Right, may be allowed to call the Williamites Republicans. With such Republicans the Bishops joined in their Proposals to the late King, and since, in their inviting this King, while Prince, to take upon him the Administration of Affairs, without staying to know the late King's Pleasure. And these Republicans, when some were for calling back their old King, in spite of Opposition settled the Nation under a Protestant Head. Who therefore are the greater, and the better Party, and what is their true Interest, 'tis not to be doubted but will be very well understood, notwithstanding all this Orator's blinds, and empty Politics. 3. This might be enough, by way of Prevention, to set aside the Consideration Pag. 8. of his third Head, did he not mention in it an undeniable Argument against a General indefinite Act of Oblivion, where he heaps up a great many Faults, which he lays to the charge of those who act under his present Majesty, which 'tis to be hoped are not true; but if they are, 'tis an Evidence that they have too much presumed upon Impunity; and were it not for that Presumption, they who had been concerned in the Surrenders of Charters, would not, so soon at least, have been guilty of those foul Practices, which are too notorious to be concealed; and had things succeeded according to the desire of most who were not too much concerned for themselves, or their Friends, they had been justly deprived of the Opportunity. If at any time it be fit to answer a Fool in his Folly, lest he seem wise in his own conceit; How much more so when he has gained a Reputation among others; and with a vain Pomp of Words, and a way of arguing, admired for the misteriousness of it, he not only may lead some well-meaning Men to have little concern for so much innocent Blood as has been spilt; but would endeavour to bring the Nation to a participation in the Gild of that and all the other Crimes, which he would have swept away with an indefinite Act of Oblivion. To show that to make Examples of Lawyers who would impose upon Courts with shame Cases and Authorities in Law, is but agreeable to Pag. 2. the Wisdom and Justice of ancient Times; I shall refer to the Statute West. 1. cap. 30. which makes the putting any Deceit upon the King's Court punishable with Imprisonment for a Year and a Day, and a total Disability to plead there, and leaves a discretion for greater Punishment. If our wise Ancestors made it so penal for Lawyers to impose upon Courts of ordinary Judicature in trivial matters, What would they have done, had they foreseen the improvement of such Deceits, by some of the Profession, in matters of the highest importance, and their lewd Endeavours to misled the Justice of the Nation, and slain it with the Blood of the noblest Patriots? POSTSCRIPT. THIS Paper may be thought larger than had been needful, and that all that part of it which tends to prove the Vindicator to be of another Allegiance, or to under-mine our present Settlement, might have been spared; it being no more than what, perhaps, he is proud of, or at least than may be obvious to any that will consider his three Sheets. But my Business is not to show him to himself, his inward Thoughts no doubt give him a worse Character than I have affixed to him: yet Numbers being misled either through prejudice or want of Consideration, it is but requisite to take off that mask under which he would impose upon them: nor ought it to be said in after Ages, to the reproach of this, that he who justified the Proceed against the Lord Russel after the Nation has done right to his Memory, was suffered to trample upon his Ashes and enjoy the Triumph. If our Saviour may at this Day be crucified afresh, I submit it to Consideration what is to be thought of some in relation to the late Ld. R. and others. These things I believe every impartial Man, who truly compares what is offered on both sides, will grant me. 1. That this Gentleman uses a very preposterous Method to persuade this Government to an Act of Indemnity, without Exception for any Crimes that have been committed; when if his Reasons prevail, we must renounce the Foundation upon which the Government stands, and yield to the Implication that there was nothing but pretence in that which seemed the sole Enducement to his present Majesty to undertake our Deliverance, and went a great way with the Convention and Parliament in receiving him for our King. What the Convention and Parliament thought of the late King's Instruments of Maladministration has appeared above. And among other Passages in this King's Declaration of the Reasons inducing him to appear in Arms for preserving the Protestant Religion, and for restoring the Pag. 1. Prince of Orange 's Declaration. Laws and Liberties of England, Scotland, and Ireland, he says, We see that those Counsellors who now have the chief credit with the King, have overturned the Religion, Laws and Liberties of those Realms, and subjected them in all things relating to their Consciences, Liberties and Properties to Arbitrary Government, and that not only by secret and indirect ways, but in an open and undisguised manner. All which things, according to the Vindicator, are either justifiable or doubtful. Pag. 5. 2. That he prefers the Safety of them who had joined in violating the Constitution of our Government to the Constitution itself, and our happy Settlement under it. 3. That the Reputations and Security of them who unjustly prosecuted to Death some of the best of our Patriots, is more valuable with him than all that innocent Blood which has been sacrificed to Lust of Power in some, and the Ambition or Avarice of others. 4. That in the authorities and Arguments which he uses to give countenance to such Proceed, he discovers either great weakness of Judgement, or that fasleness which among some has passed into a Proverb. And he may be left to his choice whether he will confess want of Judgement or of Veracity. It were easy to show that he has palpably wrested the Law in more Instances than what I have mentioned; but I would not enter into the Provinces of some learned Gentlemen, who can more effectually show how he has abused them and what relates to their controversy with him. They I am sure deserve not to be despised by him: and how low soever Malice or obloquy may have laid me; I thank God I could never so far undervalue myself to flatter them who I believed were false to my Country. I have ever Pag. 2. Pag. 1. renounced all Friendships inconsistent with its Safety, and shall never fear provoking any Man while I prosecute its Service. Because some were not his true Friends, he's resolved to make Enemies of those who despise him. I might possibly have raised myself, by swimming with the Stream, though not to this Gentleman's Height, at least, above a Competition with his Bagbearer. And if with this Vindicator, I would have strained my Fancy and my reading, have wrested Authorities, or made use of spurious ones to justify the Arbitrary Proceed of the two last Reigns, I might possibly have attained to be Amanuensis to the Observator, and at least to have shared in the 800 l. part of Thousands which issued out of the Exchequer for a single Trial. I hope it is no vanity to say that I left the University with Advantages enough for such Preferment, nor wanted Invitations to change my side after, by freeing myself from some Prejudices of Education, I became a Mark in the Eyes of those who were than at helm. I could not foresee all the Events of constantly adhering to an oppressed cause, yet was not unprepared against all that could happen. But without making particular Application, I cannot but remember the learned Mr. Mede's Observation of himself, that by his pains to excuse our Vid. Mr. Medes Works. Church for bowing to the Altar, he had merited great Preferment in it, had he not unfortunately engaged in proving the Pope to be Antichrist. FINIS. London; Printed for the Author, 1690.