The THIRD and LAST PART OF THE Magistracy and Government of England VINDICATED: With REASONS for a General Act of Indemnity, etc.  
IT hath been the observed Misfortune of most mixed 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 People's 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 Vanquished 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 Trial on the Plea or Crown-Side, but one Party, and sometimes 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 Employment, for Lawyers to note and report, and afterwards publish to the World the Clamours of such Malcontents, 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 'tis 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 Profession, and how long standing; an Art learned from some of those exquisite Doctors inhabiting towards the Fields, whose Knowledge and Conversation is pretended to be in Heaven: Another writes for Bread, and scribbles that he may eat, etc. A third, or rather the first and prime, is inspired with Venom and Revenge, even the pure Spirit on't, as one balked he is angry at all, and because some were not his true Friends, he's resolved to make Enemies of those who despise him, and of them the number is great. But secondly,  
It's of no use to the present Government, for Truth only can be a sure Basis of Respect to that; and in case of Slander, the Filth rebounds and the Dirt thrown most surely turns on, and dawbs their own Faces, especially when they arraign those as ignorant, whose Learning, Knowledge, and Judgement, are so clear and acknowledged, as to render the Censors unworthy even of being their Bag-bearers; the like when they censure those as corrupt, who have always boldly done their Duty, even in defiance of a Court-Cabal or a Popular Faction; who have always adhered to the old English Law and their just Opinions in it, though Frowns from Whitehall, or Clamours from Wapping, though Lampoons from Grubstreet or a worse usage from an Observator, though a Supersedeas or a Take him, etc. were the only Reward they could expect for such their (formerly called Puritanical now Arbitrary) Justice: Gentlemen who never polled the Law (which the great and good Sir Matthew Hale did truly call a robbing the Poor of Justice) for the acquiring a Farm or an Office, or a lumping Sum for Sale of it; who never begged an Executorship for to gain a Fortune; Gentlemen who never gave strained Opinions concerning the Revenue when made for their Clients the Farmers, but clamored at the same when used by their King with more Moderation; Gentlemen who parted with their Places, though of Honour and Profit, rather than comply with a Court-Opinion or a Club-Notion, when others (I name no body) offered entire and everlasting Service, if they could have preceded or succeeded them, (Teste .... apud St. James' and the City of Gloucester) but missing their aim then, as now they do, their Gall must have a Vent, and so it hath with a Vengeance, when a true and bold Justice is made the Subject on't: The Reason is plain, those men's Repute is too great for Truth, Probity, and Usefulness; An Eclipse is necessary, if possible; for if otherwise, the Defender will never be Keeper, the Remarker Solicitor, nor the Grays-Inn Poet wear Scarlet in Wales; their hopes are but small, unless they can postpone all their Betters by Death, Commitments, or that which is but little worse, Reproach and Slander: but some think their Sting grows weak, for 'tis now apparent that there are a sort of Men, who, though they might and did love his Majesty when and as Prince, yet do not, will not, cannot love him, or any Man else, as King: and this is now pretty plain. But thirdly,  
Their Libels are criminal, and injurious to common Justice, for they create a Disrespect and Contempt upon all Judiciary Proceed; to arraign all past is to excite a Suspicion of all ptesent and future Administrations; whereas Plowden saith, fol. 38. It's a good and sure way to believe the last Judgement; and if so, 'tis plain what Name the contrary Practice deserves; besides, were it otherwise, the Institution of Judges and Courts were vain, and our State, as Englishmen, the most unfortunate; for we have no Rule but ex ore Judicum, or from particular Statutes, and of them they are the Expositors. Now let's inquire which is Law, the Defender's Fancy in his Argument Enter S. and B. or the Judgement in the Exchequer Chamber, affirmed by the Lords? If the Judicial Resolution be so, than the Publication of his Argument was scandalous, and I am not to follow him as my Guide: but perhaps he'll tell me, That manifest Reason and good Lawyers ought to govern me; if so, than I ask him, Who shall I follow in the E. of D's Case of a Capias pro fine puis Judgement, etc. whether the eleven best Lawyers, or the Vote of the House? if the latter, why not so in the former Case? and if otherwise, than his Judgement was mistaken; so that quacunque via data, there's no Infallibility in this World, and consequently no excuse for private Censures of public Proceed in Courts of Justice: besides, the Books are pretty clear, that such things are punishable; but I leave the Reader to peruse them at leisure. Now let us but consider the Confusion that must ensue upon the public countenancing such a Practice as these Scribblers have introduced; for if allowable on a disbanded Judge, 'tis so on a sitting one, for the Case is the same in respect of private Lawyers who pretend to think their Judgements erroneous or corrupt; but surely both are unlawful. Besides all this, in the present Case  
They have palpably wrested the Law in divers Instances: I need name no more than the Indictment in question, which that it was legal and good, most Men do now agree, especially since the dint of the Opposal seems current only on the Evidence, with a Waiver of the other, the Indictment being good since that Guards are proved lawful, and the Observator concedes it the most legal part of the Procedure, and the Justice of Parliaments, etc. supposed written by the Defender, strains all its Forces on the Evidence and the Times; and their Follower, the Poet, in his new Nonconformist, pag. 10. runs the same way too: only  
There remains one Objection to the first Vindication, which is, that it affirms, Words may be Treason within the 25 of Edw. 3. and the Remarker challenges a proof of it, and asks where it may be found; and the Nonconformist quarrels at the Lawyer that did assert it, and some others have done the same ore tenus.  
I confess, that the first Sheet did publish the Assertion, but waved its Eviction, for fear of a strained use of such Opinion to ill purposes, for the serving a turn upon particular Occasions; nor had there been any more said on it, but that their Confidence and Malice seems so exorbitant as to extort a Check, for that the Regulator is grown so confident of his own Knowledge as to undervalue the greatest of Judgements; whereas his Common-place Book affords us no Titles but Collusion and Malice prepense; and his Practice hath been much of the same stamp, only that sometimes he hath added a little of the Lunatic as appears by his Rhimes, Prophecies, Dreams, Politics, and other religionary Works.  
To prove the Assertion, I depend not on the Authority of the sense of the Commons House 1 Jac. 2. tho (let the Crier for Justice, or who else pleases contradict it) it was in Fact then affirmed and agreed unto, and upon that, the than King's Council and Courtiers desisted the Motion and Prosecution of a Bill to make Words, etc. But that's a supernumerary Argument, there's more than enough besides.  
I am not to maintain that all rank, malicious, gross Words against the King or Queen's Person are such, nor that whosoever drinks an Health to our Sovereign the Lord the People, or to the late King James, is a Traitor; but that Words significative and expressive of a present Intention to do an Act to the King's Destruction, such Words deliberately, maliciously, and advisedly spoken on purpose to accomplish the Demise of the King, as by promise of Money with importunity to commit the Fact, may be an overt Fait to prove the Imagination within. 25 Edw. 3.  
To evince this, let us think a little..... and 'twill be plain  
The Words of this Statute are clear and of an easy Construction, if we will allow those dull old Times to speak Sense: They are to this effect, That if shall compass or imagine the Death, etc. and de ceo provablement soit attaint per overt fait: Now the Objection is this, That Words are not Deeds within that Clause; to this the Answer is very clear; for 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 opposition) as opposite to the thing mentioned and intended in the foregoing Part, and not as opposed to every thing which it may ex vi termini exclude in other Cases; and this is an agreed Difference both amongst Divines in Exposition of Sentences in Scripture, and Grammarians in almost all Cases whatsoever: now to apply this;  
Overt fait is used not in opposition to Words, for there's no such thing mentioned; but 'tis added in contradistinction to that which was before specified, viz. Thoughts, and such are Imagination and Compassing; and therefore overt fait must mean any open manifest thing as can truly discover those Thoughts, as may proveably attaint the Traitor of such his Imagination: and it is a most natural and proper Mode of Speech, if they did intent, as most undoubtedly they did, that the Thought should be the thing prohibited, then 'tis as plain they intended by the Word fait any discovery of such Thought by Words or Actions; and so said Newton in 19 Hen. 6. that to imagine the Death of the King is Treason, though he do no act towards it, if such Imagination be disclosed that it can be tried if he did so think and imagine. If that Thoughts and Words are mentioned both in a Sentence, and afterwards Deeds in opposition, than the last will exclude both the former; but here when used only in contradistinction with Thoughts, it seems plainly otherwise. That Deed, when used in Opposition to Thought, doth include both Words and Acts, none can deny; a thousand Instances might be given of it: and in the exactest propriety of Speech, Words are Deeds when and as contradistinguisht from Thoughts; for the Soul thinks even as abstractly considered from the Body, but Man never speaks without Action and Motion: the difference is plain, and needs no Explication. But further,  
I would fain know, What is a Consult or Plot, but the mutual and reciprocal Declaration of two or more Traitors Minds each to the other? Each declares his traitorous Imagination by Words, and so of an Agreement to commit the actual Murder, 'tis but a Declaration of their Minds by Words each to the other, only they do happen to agree. Now suppose one Man thinks and intends to destroy the King, and by Words doth willingly, deliberately, and advisedly declare this to another that is not of his Mind, though by mistake is thought to be such; is not this the same thing? If a Man traitorously offers and promises to another a thousand Pounds to perpetrate the villainous Act; if he accept it, and a parole Agreement is made between them accordingly, surely the Apologists for Treason will agree that to be an overt Thing, and both guilty, if it can be proved by two Witnesses of credit. Suppose then the Party offered and promised doth abhor and refuse, will that make a distinction? if it does, 'tis without a difference: perhaps the Word Consult will be called a new Cant; we know whose Coin it is, and who gave it the first stamp; 'twas no less a Man than Sir Will. Jones, who at the time of such his Invention was no Prerogative Lawyer, though considerably so in Times then lately passed: nor is it imaginable what is the meaning of a Conspiracy or Plot to take away the King's Life, but a Communication by Words between several Traitors concerning such Act, and the method of its Accomplishment, and a Declaration by Words of each Man's being fixed in that purpose; which if it be proved by sufficient Testimony, will undoubtedly be an Evidence of a Compassing, etc. which is the Treason prohibited and punishable; nor can the Meeting make it more so, for they could not discourse unless they met; and therefore 'tis the Words only that are the manifest overt fait. Nor doth Hugh Pynes Case, or the Resolution of the Judges therein, contradict this, notwithstanding the Confidence of the Remarker that it did; they only say that the Words in that Case were not Treason, that those Words were not an Evidence of Compassing, that for those Words he could not be Indicted upon that Statute; but their Opinion doth plainly imply, That had the Words been Evidence of a Compassing, etc. as they were only slanderous and reflective, it had been otherwise; and the Instances there mentioned are full to this, as John Quick's Indictment was only for Words to King Henry, unless standing up and speaking will alter the Case: Thomas Koiver's, John Clipsham's, and John Mirfield's, are all for Words, and some others there specified. Besides, it's observable that in most Indictments on this Statute, some Words have been alleged in them as an overt fait to demonstrate the Imagination, which would be impertinent if the Law were thought otherwise. I'll not insist on Colledge's, because that Case hath been cavilled at, though with no colour as to the Indictment: part of Patrick Harding's Indictment was loquendo publicavit, but I'll not dwell on that, because foolishly drawn; but Arthur Crohagan's Case in Cro. Car. is pretty full and for Words; and the Words of the Book are, That the traitorous Intent and Imagination of his Heart was declared by his Words, and therefore held High Treason within the express Provision of 2● Edw. 3. and upon his coming into England he was arrested, etc. Now no Answer can be to this, but that he came into England; but the Words only showed his Intent, and by that Book the Words are alleged as the overt fait: besides the Case of Blanchflower and Atwood, Mic. 5 Jac. 1. B.R. in Yelverton's Reports 107. per curiam, resolved, that Words may be Treason; and that is an express Resolution, for there was then no temporary Law in being concerning Parole Treasons that I know of. The Case of Berisford and Press. Hill. 8 Jac. 1. B.R. Yelvert. 197. adjudged, that Treason may be committed by Speech as well as by Act, for any thing which discovers the Mind of a Man to be traitorous to his Sovereign, is capital to the Party: Hitcham ad Brook Pasch. 1 Car. 1. Hutt. 75. held per cur. that the speaking of Treason was Treason, and that sermo est index animi as well as Preaching or Writing; and no Man can doubt but those are Acts; and Speech is as much so.  
Besides, if the Consequence of the contrary. Doctrine be well considered, 'twill appear to be a plain Evasion of the Statute of 25 Edw. 3. as is manifest upon the reading it: and the common Books are full of this, for otherwise no Action could lie for saying a Man hath spoke Treason: but here's enough said to answer the Challenge, where's the Authority for such an Assertion? though infinitely more might be said for it, nay 'tis as easy to dumbfound the contrary as 'tis to transcribe Law Cases. If this doth not give them satisfaction, they shall remain unsatisfied for me, I'll plague the World no more with writing on this dull, flat, unprofitable Subject, Crown-Law, lest I should provoke our new Scribblers to double the Plague by their Replies. If they attempt an Answer, I'll leave the Tobacconist and Grocer to confute them; and unless a Trunk or Band-box chance to bring them to my View, I'll never be tempted to read them; and of this they may assure themselves. I say it to compliment the Reader with Patience to peruse the rest of the Sheet, being ascertained never to hear more on't, at least not from this hand.  
Some perhaps may wonder at the reason of the Publication of these Sheets, and conceive them the product of Malice on one side as those virulent Pamphlets are on the other: To solve that Scruple, I need only repeat the Reasons alleged in the first; but a Repetition is damnably dull as well as tedious and irksome; I'll therefore add a new one, and that's to show the Reasonableness as well as the Necessity of a general, indefinite, speedy Act of Oblivion; for though the Bloodhounds fret, and huff, and bounce, as if all their Madness and Rage were founded on a true Basis, yet 'tis apparent from the Premises, that their foundation is false, and the Law is direct and plain in their teeth, and doth and will justify in most of the particulars, at which they foam their Curses and Execrations: Reason therefore as well as necessity enjoins a silence as to what is past, for otherwise the Kingdom can never have its desired satisfaction, for in points justifiable or at least doubtful, the justice of inflicting Punishments can never be vindicated, did I call them Punishments, I beg the Readers pardon for the Impropriety, however I'll not name their proper term, but with calmness, endeavour to Evince three things.  
1. That it would be grateful to the Nation in general, and every good Man in particular. 2. Conducing to the Settlement and Interest of the present Government; and lastly, That 'tis consistent with and promotive of the highest and truest Justice.  
First, The Nation did and doth expect it, for Revenge is never natural but when freshly pursued, and time wears off the sense of Injuries, by the Intervention of new ones either real or imaginary, which is all one as to this purpose: the horror of any Crime, or at least the detestation of the Criminal, grows faint and languid upon the removal of the Object, especially if time interposes with the accession of present fears, which as present do more affect us than greater if more distant. It can never therefore be thought the desire of the People of England to have their Neighbours or Acquaintance harassed and persecuted by Fines, Confiscations, Imprisonments, Marks of Disgrace, or the like, for Actions done in the last or former Reigns, about which the World hath been so much divided, if lawful or not: Besides, that this was the general Expectation of the Kingdom on the new Settlement or at least the Coronation, of which pature there never was an Instance before this without an Act of Grace; And it is most plain, that none are Adversaries to it, but the Republicans and the Jacobites, not for that they need it not, as I shall show anon, but for different ends, each drives at and wishes a Change, it matters not to what, for if to the latter the other hopes a Commonwealth will be the more desirable: If the Republican succeeds, than the other believes a Restoration the more easy, but both dislike the present, and therefore dread a Settlement, and consequently dread the People's satisfaction and quiet under Their Majesties, and consequently dtead an Act of Indemnity; 'tis true, the Cry for Vengeance is loud, but 'tis only from these two corners; which leads to the second particular, that  
It will establish and promote the Interest of the present Government, while the popular Bully is full of his Damme's and Menaces, there's certainly danger, and where there's danger there's fear, now fear causes an aversion, and aversion begets hatred: and the Object of it is that from whence the supposed danger arises, which is from the Government irritated by the Venom and Fury of those  Animals, whatsoever hath power and will to hurt me must and will be abhorred; and though none are immediate actual Patients, yet the being possibly obnoxious to it, and the want of security for the contrary doth of necessity cool their respect to the present Power, under which they are not safe; and this tempts them and their Friends upon contrivances and attempts of Danger both to themselves and the Public; and danger by the attempt is no discouragement where the like danger attends their forbearance: and this is of weight, unless Cromwell's Politics be thought Christian, to cherish and promote a Plot, as of advantage to Settlement, if seasonably discovered and subtly managed; but however 'tis as true, that Enemies who are desperate ought never to be thought inconsiderable; for they may shake and batter what they can't destroy, they may do mischief though they can't work ruin to their Adversaries, upon which account the temptation of continual impending Danger is fit to be removed: Besides  
The want of Security, and the fear of Danger, making Men uneasy in their thoughts, replenishes them with Complaints and Murmurs at every awkard Action, or supposed miscarriage of the Government feared; it makes them Mutineers at public Taxes and Impositions, partly because they think it strengthens and increases the power of hurting them, and partly because it sponges and bleeds them of that, which they sear an occasion of themselves to bribe Blackrods'; Sergeants at Arms and other Gaolers with; and in a conjuncture when extraordinary Aids are indispensibly requisite, no temptation to complaint is deserving of Countenance; besides, that it cramps Trade and discourages Projects for Public Good, &c, but further, It's the living, not the dead, the happy, contented, and cheerful, and free, not the oppressed, miserable, forlorn, or imprisoned Subject, that doth Service to the Crown and the Public.  
It hinders all such as are thought to be so obnoxious from any bold Essays for the use of the present Government, for that if success be the attendant of such their attempt, they continue unsafe notwithstanding, for no Man will adventure an hazard to secure that Authority, which he is not sure will make him safe, if he doth undertake the present Adventure, and escapes that Danger, and performs the Service; so that Self-preservation renders it their Policy to unhinge themselves from, or to be shy of the present Power, of which a considerable number might prove useful Friends; which are now Newters at least, if not Enemies.  
It's observable in all foreign Policies either to work a total Extirpation of the whole Party, or an universal Indemnity after so grand a Revolution as this was: the former is not to be practised here for two Reasons, 1. Because we want People, 2. Many of our Friends must be banished too, for divers of the supposed Criminals were instrumental to the present Change, etc. Ergo the latter only is and can be most advisable: for once I'll suppose their numbers but small in comparison to the Saints and Innocents', (if any such there are in the Nation) yet under our present Circumstances all are to be obliged as Friends that possibly may; but if the thirteen Heads, with the Surrenderers Clause, and all its and their Subdivisions had been reduced into a Law in the designed act of Attainder, one third at least of the Nation had been involved, who with their disobliged Relatives and Dependants is not so contemptible a Flock, though but of Sheep for the slaughter: besides  
It's impolitic as well as unjust to deny or delay it to those who have submitted to the Government, yielded it Obedience, and quietly bore its public Charges according to their Proportion, and yet give a free, full and general Pardon both in Scotland and Ireland to all that took up Arms, for all their Sins then past and present; it provokes the former to repent their non-concurrence with the latter, for 'twas but resuming their Quiet and Submission at pleasure, and then they were safe, which now they are not, but under continued Menaces and Dangers both, as appears in their being baited by every barking Cur, that can but write with Gall in his Ink, or speak with a Dam in his Mouth.  
Experience further tells us that nothing turns or changes the humour of the English Commoner, like Rage, Insolence and Cruelty in their fellow Subjects when made Superiors, and such is raking into old Sores thought to be; it matters not whether justly or not as to this purpose, the effect is generally such: The Star-Chamber in Car. 1. his time, the Major-General's in Cromwell's time; The Tophamizing of Abhorrers in Car. 2. his time; The Western Campaign, and the other criminal Prosecutions in the beginning of Jac. 1. I say all the Violences, used in these several periods (and yet they had their respective Provocations) did most noriously alter the kidney of the Commons, and made even their once beloved, first dreadful and terrible, then odious and loathsome, they produced considerable Changes in their several Consequences, I could come nearer home even to the tearing of Moor and North, and other Citizens of London, which first turned the Stomach of that City, as is now apparent, but Sat verbum, etc. but further  
The want of this, renders both the Policy and Honour of the great Bellowers for Vengeance to be justly suspected, 1. Their honour in taking care of their own Servants for all their Excesses upon the Revolution, and opposing the Indemnity of all others, as by the Act appears, 2. Their Policy, for that its observable in Story, that the Association in Queen Eliz. time was under a Protestant Prince for the 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; I do not say they needed it, but the Associators in that Reign thought it needful; and 'tis very considerable, that in no Reign was there more Peace and Quiet than in hers, and in none were there ever more free and general Pardons, and in truth the latter was the occasion of the former; for when Men are once safe and quiet, no small Temptation will provoke any more adventures though they like another better, yet Men being easy are generally contented: There was one free and general Pardon of the Queens at first confirmed 5 Eliz. cap. 11. another, 8 Eliz. cap. 18. 13 Eliz. cap. 28. 18 Eliz. cap. 24. 23 Eliz. cap. 16. 27 Eliz. 13. 29 Eliz. cap. 9 31 Eliz. cap. 16. 35 Eliz. cap. 14. 39 Eliz. cap. 28. 43 Eliz. cap. 19 Eleven in number, and never five years without a Parliament-Pardon, and this made Parliaments and Crowns the darlings and desire of the People: Besides, it's the Interest of each party amongst us, though some don't see it, the Whig ought to promote it for two Reasons, 1. Left being the 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: The Tory ought to pursue 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 as the others could be: Temper therefore is now the Game, and a Veil over all that's past is certainly the most Politic, especially considering the multitude of the supposed Criminals, and the justtice of their several Excuses, which comes next; for  
Lastly, It's consistent with and promotive of the truest and highest Justice, for in most of the Cases the Law is doubtful, and to punish Opinion in matters of Law, is as unjust, as to persecute mistakes in matters of Religion is unchristian, and new Laws for Government de futuro are more agreeable to natural Equity than a retrospective Fury; that it is so, is plain, the modern Scribblers have sufficiently proved it. In two of the Cases cited they differ themselves, for Dr. Story's Case the Defender cries 'tis not Law, the Remarker agrees 'tis, and that he was well hanged, for Plunket's Case the Defender cries he was well hanged, for there was Treason enough in his Charge, the Remarker insinuates as if he suffered hardly; now what shall a little Lawyer believe between these two great bodies of Learning? the like may be said of Soames' Case, and the other : 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 shows and leaves it a disputable Point, and if that were doubtful, 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 Inferior 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 terrify 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 afraid of Punishments never declared or promulgated, and others shall escape, because their Countenances are more fawning, or that by consent their Relations have played on the other side, or that their swinging Fortunes enable them to scatter Mice for their personal Indemnity, or that they have had the luckily Principle of being faithful 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: Further,  
The drift is to magnify and aggrandise 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 Countryman Ploughs 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 aught to have his Pardon allowed, for one's a right accrued by the Law as well as the other. 2. The common Channel 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 〈◊〉 I'm sure 'tis rank palpable tyrannical Injustice, and that's the plague of living under an Arbitrary Power, for none can know what's not Criminal: If they mean the latter, as I suppose they do, than 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 'tis 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 Satirists 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 itself did enjoin Postetiry not to observe, or follow, or do the like; I can't forget one Expression of his to this effect upon the Trial, if there be an Error 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 heightened 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 Blow 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 Instance more, and that was Sir Thomas Haxey's who was attainted of Treason for bringing in a Bill into the Commons House aga●●●● 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, 393.  
But if Vengeance be requisite, it ought to be without respect of Persons, The Justice of it ought to be impartial, true and Catholic: and then come in the Pensioners and Surrenderers, the Regulators and Promisers, the old High Commissioners, and the New Creed makers, etc. 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 〈…〉 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 nuisances contrary to multitudes of Statutes, and continuing them still with non-obstante's 〈…〉 Indenture, tho' 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 condemned in a Moor and a North Cum multis aliis quos nunc describere longum, etc. To conclude, Our Saviour's Rule if observed will be the most infallible Indemnity that can be contrived, and that is, John 8. c. 7. v. 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 devolved 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 aught to be promoted by those who made that Vote, for otherwise their truth may be suspected, etc.   

POSTSCRIPT.  
SOme perhaps will blame the boldness of this Style, as provocative rather than palliating, to which I say, truth ought never to be shamefaced, for veritas prevalebit, one time or another: and if it do not, but anger's some, 'twill be only those that were implacable before, who if they han't good nature enough to pardon a bold stroke or two with a Pen, they'll never 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 Divisions, and consequently run us at last into a true Confusion, from which, Good Lords deliver us.  
FINIS.