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A26140 A defence of the late Lord Russel's innocency by way of answer or confutation of a libellous pamphlet intituled, An antidote against poyson : with two letters of the author of this book, upon the subject of His Lordship's tryal : together with an argument in the great case concerning elections of members to Parliament, between Sr. Samuel Barnardiston bar. plaintiff, and Sr. Will. Soames, sheriff of Suffolk, defend., in the Court of Kings-Bench, in an action upon the case, and afterwards by error sued in the Exchequer-chamber / by Sir Robert Atkyns, Knight of the Honourable Order of the Bath ... Atkyns, Robert, Sir, 1621-1709. 1689 (1689) Wing A4136; ESTC R4958 24,651 29

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that the Witnesses inclin'd to prove against him was a Conspiracy with others to Leavy War against the King. The two first Witnesses viz. Rumsey and Sheppard tho what they say may raise a strong suspicion upon my Lord and make it probable that he was guilty yet neither of them do come home and close to the Person of my Lord Russel as they do I confess against the Earl of Shaftsbury Sir Thomas Armstrong and Ferguson The first does not affirm that the Lord Russel did joyn in the discourse or agree to any thing in the Consult but only says he was present which extends no farther then to make a Misprision of Treason and this too not directly and positively as Legal Proof ought to be to convict a Man of Treason the later Sheppard when he applies what he swore to the Person of the Lord Russel only sayes He believes the Lord Russel was there at that time when the discourse he speaks of was used which is a very imperfect uncertain proof and not positive enough so that neither of these were full Witnesses As to the Evidence given by the Lord Howard against my Lord Russel it is strange to me as the Evidence is stated that any Credit should be given to it that he should be believed against those Execrations that it seems he had so solemnly and so lately used to the contrary of his Evidence especially when by giving this Evidence he must merit his own Pardon and save his own Life which extreamly takes off from the credit and weight of his Evidence What Mr. West says in rference to my Lord Russel was but bare opinion and hear-say and is no proof at all in Law so that instead of two plain direct manifest and positive and two credible Witnesses as the Law requires in Treason here is not in my opinion so much as one positive Credible Witness The Lord Howard as your Case and Narrative states it is not credible though direct and positive None of the other three are positive though more credible In the Statute of the 25th of Edward the Third of Treasons the word Proveablement as Sir Edward Coke observes upon it in his Third Institutes fol. 12. imports direct and manifest proofs not presumptions and conjectures and as may be added not probabilities and so the words per overt fact do as he observes strengthen that sence of the word Proveablement and the Act of Treasons made since this Kings time requires there should be two credible Witnesses Now tho' the Lord Howard was not by the Evidence offer'd against him by the Lord Russel utterly disabled from being a Witness yet I will be bold to say it made him no credible Witness in this Case That the Lord Russel made no use of these things in his Defence though a man of Parts is no wonder to me the ablest Man under that Terrour and upon so speedy a proceeding and where it is impossible to be so composed and free from distraction may easily pass by many just advantages which a stander by with less abilities might quickly have apprehended I am far from rflecting upon the Court that Try'd him this matter that I observed rested principally upon the Iury. And he is found Guilty and Condemn'd and it may be before this comes to your hand put to Death too if it have so hapn'd as possible it may that the Earl of Bedford and his other great Relations have prevail'd with the King for a respit of the Execution I wish and heartily beg of Almighty God that these Considerations may yet be made use of to the King with whom it then rests as Tabula post Naufragium to save the Life of this Noble Lord. Much more then this may be said were there such an opportunity before the King and I so intend it and no otherwise and if I might be any ways serviceable in it I would come up to London bare-foot rather then neglect so good an Office. And I ever thought it a severity in our Law that a Prisoner for his Life is not allowed the assistance of a grave and prudent Lawyer or some other friend to make his defence for him even as to matter of fact as well as to Law. I know 't is said the Court is of Councel for the Prisoner but for my part I should never desire to depend upon that onely I know what this is by experience If the Case be in any part of it mistaken I have lost all my observations and beg your pardon for all this trouble it is out of the great Honour and Zeal I have for that good Lord but the Narrative you give is very ably and well composed and in very good Method and I think could not have been better done which inclines me to think it very true also I could be contented the Earl of Bedford to whom I am known might have the view of this Letter if it come not too late and may be thought of any use I heartily thank you for your favour which obliges me to be Your Faithful Friend and Servant R. A. Iuly 21. 1683. A DEFENCE Of the Late Lord Russel's Innocency By way of Answer or Confutation of a Libellous Pamphlet INTITULED An ANTIDOTE against POYSON 1. THE Pamphlet stiles it self An Antidote against Poyson but it is so far from deserving that Title that it may be truly said That the Antidote it self is the rankest Poyson We read in History that the Noble Emperour called Henry of Luxenburgh was poysoned in the Sacrament and Pope Victor was poysoned in receiving of the Chalice Who could have suspected such horrid Villany in the Administration of such sacred and solemn Rites who could without Horrour and Amazement contrive the mingling of a deadly Poyson with the Bread and Water of Life to make those consecrated Elements which ought to be the Savour of Life unto Life to be the dreadful Messengers of sudden Death Surely had those outward Signs been changed into the very Body and Bloud of the Lord of Life as they that acted in those Execrable Villanies profess'd to believe there must needs have been a Miracle wrought in altering likewise the Substance and malignant Nature of those Poysons that they should not have wrought those direful Effects which yet they did There appears the like wicked Policy in the Author of this Pamphlet who under pretence of prescribing an Antidote against Poyson under the Vizar and Disguise of preventing Mischief does most deceitfully infuse the worst of Poysons and labours to intoxicate a whole Nation This Author would have the World believe that the Noble Lord in the composing of his Speech was wholly govern'd by his Confessor and that the Compiler of it was infected with those Doctrines that the Northern Climate has of late furnished us with The very Language and Spirit of Coleman Sure the Soul of Coleman is by Transmigration enter'd into this Author it is easie to guess at his Religion He supposes all that were