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A26143 The Lord Russel's innocency further defended, by way of reply to an ansvver, entituled, The magistracy and government of England vindicated by Sir Robert Atkyns ... Atkyns, Robert, Sir, 1621-1709. 1689 (1689) Wing A4140; ESTC R861 11,021 18

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set aside Now that the Challenge for want of Freehold extends to the City of London and other Cities and Burroughs as well as to the Counties is abundantly proved by the Statutes of 11 H. 6. c. 1. 7. H. 7. c. 5. and 23 H. 8. c. 13. to which the Reader for brevity-sake is referred It is no where maintain'd that an agreement to Poyson or Stab c. is no Treason if the very Act do not ensue as the Answerer very falsly alledges in the Second Column of his 6th Page towards the lower end for those have a manifest tendency towards killing nor are they any distinct species or sorts or kinds of Treason from the killing of the King as that of Levying of War and seizing the King's Guards especially not shewing what Guards are a distinct species from that of killing the King and need not necessarily be understood to terminate and conclude in a killing the King taking the King Prisoner or seizing his Person may more reasonably be thought to aim at a killing of the King or have a tendency towards it And the Indictment ought surely to have declar'd and express'd clearly and plainly what Guards were meant there being variety of Guards for every Indictment ought to contain certainty Herein the very Indictment was faulty The bold Answerer hopes the King will always preserve those Guards thô the Parliament have declar'd their sense to the contrary when the present extraordinary occasion shall be over This daring presumptuous Answerer in defiance of the Act for Reversal of the Lord Russel's Attainder the Tryal having been partial unjust and illegal as the Act affirms it yet dares to averr in his last Page that there was Evidence enough to justifie all concerned in the Prosecution and Tryal The Answerer towards his close takes great care and is much concern'd to justifie the King's Sollicitor that then was And this would encline one to think that the then King's Sollicitor was not the Author of that Antidote against Poyson nor of this last Print entituled The Magistracy and Government Vindicated which are so much alike in their stile and strain And in truth that late King's Sollicitor doth utterly deny that he had any hand in either of them And Sir George Jeffries the last Lord Chancellor could not compose this last This being so it may easily be judg'd where it must fix for this look into the printed Tryal I now refer the Answerer to justifie himself at Law if he happen to be in danger of an Exception out of an Act of General Pardon and Indemnity where he may have a fairer opportunity to defend himself in his own more immediate Concern for endeavouring to subvert the Law which ever proves too hard for all its Opposers And I will so far follow his Humour and Vein as to conclude with Verses too Rode Caper Vitem tamen hic cum stabis ad Aras In tua quod fundi cornua possit erit Which I thus English Go spightful Satyr bruise that Sacred Vine The LAW but know there shall not want for Wine To pour into thy Head which may suffice To render thee a perfect Sacrifice FINIS ADVERTISEMENT POlitica Sacra Civilis or a Model of Civil and Ecclesiastical Government Wherein besides the positive Doctrine concerning STATE and CHVRCH in general are debated the principal Controversies of the Times concerning the Constitution of the State and Church of England tending to Righteousness Truth and Peace By George Lawson Rector of More in the Country of Salop. The Second Edition This Book first printed 1660. being so well approved of that it soon became very scarce and was sold at great Rates is now reprinted for I. S. and are to be Sold by T. Goodwin at the Maidenhead over against St. Dunstan's Church in Fleet-street 1689. Reply Reply
Advertisement THere are lately Printed for Timothy Goodwin at the Maidenhead against St. Dunstan's Church in Fleet-street these Three Books following I. An Enquiry into the Power of Dispensing with Penal Statutes Together with some Animadversions upon a Book writ by Sir Edward Herbert Lord Chief Justice of the Court of Common-Pleas Entituled A short Account of the Authorities in Law upon which Judgment was given in Sir Edward Hales's Case II. The Power Jurisdiction and Priviledge of Parliament And the Antiquity of the House of Commons Asserted Occasioned by an Information in the King's-Bench by the Attorney-General against the Speaker of the House of Commons As also a Discourse concerning the Ecclesiastical Jurisdiction in the Realm of England occasioned by the late Commission in Ecclesiastical Causes III. A Defence of the Late Lord RVSSEL ' 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 Sir Samuel Barnardiston Plaintiff and Sir William Soames Sheriff of Suffolk Defendant In the Court of King's-Bench in an Action upon the Case and afterwards by Error sued in the Exchequer-Chamber All Three Writ by Sir Robert Atkyns Knight of the Honourable Order of the Bath and late one of the Judges of the Court of Common-Pleas THE Lord Russel's INNOCENCY Further DEFENDED By way of REPLY TO AN ANSWER ENTITULED The Magistracy and Government of ENGLAND Vindicated By Sir ROBERT ATKYNS Knight of the Honourable Order of the Bath And late one of the Judges of the Court of Common-Pleas LICENS'D April 9. 1689. James Fraser LONDON Printed for Timothy Goodwin at the Maiden-head against St. Dunstan's Church in Fleet-street 1689. THE Lord Russel's INNOCENCY Further DEFENDED c. THere is a Pamphlet very lately published which stiles it self The Magistracy and Government of England Vindicated It appears by the following part of the Title to be no less than A Justification of the Proceedings against Criminals impudently declaring in plain and express words as also by all his subsequent Discourse That by the Criminal he means the late Lord Russel Page 2. Column 2. in the middle of it And the Author does professedly own that the Book is written by way of Answer to a small Discourse or Argument lately printed which bears the Title of A Defence of the late Lord Russel ' s Innocency It argues a transcendent boldness in this Answerer to call this Noble Lord a Criminal and to justifie those Proceedings against him which all honest men ever accounted no less than Murther under a pretence and colour of a legal Proceeding and to presume to publish such a Discourse as this after the King and the two Houses of Parliament have by the most solemn Judgment that can be given pronounced that Noble Lord to have been Innocent and thereby have done so great Right to his Memory and that with so high a Zeal and so mighty a Concernment for him as the like cannot be shewn in former Precedents It is most evident that the Author was composing this Scandalous Libel even when he very well knew the Bill was brought down from the Lords to the Commons for reversing this Noble Lord's Attainder and the Author could not but observe with what Zeal and Affection the Bill was entertain'd at its first enterance into that House The Author by endeavouring to conceal himself is from thence as he plainly professes encouraged to take the more liberty to lay about him in the dark as he fancies and thinks to escape ●nseen and not only strikes at the Author of the Lord Russel's Defence but as far as in him lies wounds that Noble Lord in his Honour whose Justification and Defence was so undertaken and labours to overthrow that Right and Justice that hath been done by the Supream Authority of the Nation This is no way agreeable to a noble and generous soul to come behind a man and strike him it rather follows the Example of that devilish Powder-Plot to destroy and blow up the King and both Houses and to do it in such a close and clandestine way as it should not be known who hurt them for he was too much a Coward to set his Name to it But it is very easie to tell you what are the first Letters of this Author's Name without casting of a Figure His Argument in Law plainly speaks his Profession and what Robe he wears and his stile and phrase of speaking having appear'd in so many noted Tryals as do in so many visible and legible Characters disclose the Author Sir R. S. does under his hand readily and utterly disclaim it and is heartily believ'd in what he says This slanderous Author acknowledges that upon the Lord Russel's Tryal some blamed the Jury most censured the Witnesses but very few arraigned the Council or Court. Here it evidently appears how our Author is concerned first for the Council and then the Court and Self hath the preferrence though it be here with a breach of good manners to name the Council before the Court. Page the first he takes it heinously that any Gentlemen of the Long Robe should appear in Print to Riducle their own Profession this grosly speaks our Author one that was of Councel in the Tryal Et tu Brute If it had been an open Enemy a Doctor of the Commons excersing his Wit and Raillery on the Common Law Proceedings then as he expresses himself this Author could have born it but he did not imagine that Satyrs and Invectives upon past Proceedings should be writ by Lawyers In reply to which it may be justly said That when Lawyers will make use of their Wit and Rhetorick as this Answerer has done to boulster up an unjust and revengeful Proceeding and out of ambitious Designs to get or continue in Favour and to gain greater Preferment or shew their Parts will engage in Causes of Blood and help to destroy the Innocent and be instrumental in subverting the Laws and Government it is every Lawyers Duty as far as in him lies to vindicate the Profession by utterly disclaiming and abhorring all such Practices And the Defender can appeal to all that have known his Conversation for above this forty years and under whether ever he used any such pitiful mean and ungenerous Arts and Methods better becoming the Stage than a Court of Justice and whether he did not when it was in his power constantly restrain and condemn that scandalous and disgraceful way of Practice And he can as freely appeal to all that will be at the pains to Read his Printed Argument which this conceal'd Author so unjustly Censures whether any such bitter Reviling and revengeful Humour appear in any part of what he so publish'd or the least reflecting upon any particular person but only in the general and no further than the meer