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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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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
Justice of the Cause did extort from him so far was he from this Author 's scurrilous and rude course of reflecting upon any Persons private Conversation but some mens faculties lie this way and they are very well known tho' after such manifest and gross provocations that have been given by this Author and such publick and scandalous Actings of his in the eye of the World it might justly be said with the Poet Difficile est Satyr●s non Scribere The Author of this Answer in his first Paragraph would have the World believe that he writes upon no other design than to support Magistracy and the Government a Noble Th●m● as he terms it Every Man knows what sort of Government he labour'd to support but the other day and how far he was instrumental in it but the other day and how far he was instrumental in it but it is rather thought fit to leave him to a General Act of Indemnity and Oblivion then take any Revenge upon him He seems to allow the Lord Russel's Defender in his Fourth Paragraph to be an Author of Age Experience Figure and Learning but he will not say Candour or Honesty Thus he writes The Lord Russel's Defender is very glad he hath so little of this Adversary's Commendation for it would gain but small esteem amongst Men of true worth to be commended by him It might be said to him with the Philosopher upon the like occasion being commended by an infamous person What Ill have I done that thou shouldst thus Commend me Yet that Candour and Honesty which he covertly refuses to allow is that which the Lord Russel's Defender prefers before all this Answerer's mercenary Wit and Rhetorick In his fifth Paragraph he judges the Lord Russel very unfortunate to fall under the Accusation of Treason and says that Noble Lord was most pitied of any under those Circumstances That Noble Lord's misfortune among other things was his falling under the lash of so bitter and sharp a Tongue as yours who however you seem now to mention that Lord with pity had then no pity for him but used him with severity as may appear by your own Printed Narrative of that Tryal and your Rhetorical Flourishes in a Case of innocent Bloud which contributed in an high degree to enveagle the Jury and bring that Noble Lord to the Scaffold He confidently says in the same Paragraph that in truth the fairness and indifferency of that Tryal was such that his own Relations were pleased How untrue this is in both the parts of it that the Tryal was very far from being Fair and Indifferent and that his nearest Relations were highly exasperated and offended shall appear before we part In the Sixth Paragraph of his sheet he complains that the memory of that Vnfortunate Gentleman was revived by the Publication of the Defence of his Innocency Why what hurt in the reviving of his Memory his Memory is precious he dyed a Martyr for his Religion and for the Rights and Liberties of his Countrey and fell a Sacrifice under cruel and merciless hands It is indeed this Answerers Conscience that flies in his face the reviving of this Noble Lords Memory speaks Terrour and Amazement to the Answerer Thus did bloody Herod when he heard of the Fame of Jesus he presently cryes out This is John whom I Beheaded He does prepare himself to make use of indecent or disrespectful Language as himself expresses it and comforts himself with the thought that his Name shall not be known A pitiful and unmanly dealing not becoming a person pretending to Ingenuity The Lord Russel's Defender dealt otherwise and owns his Name and will let the world know what this Answerer is In the four next ensuing Paragraphs he is much to seek for what end and purpose the Lord Russel's Defence was Printed in that Pamphlet as his wonted Rhetorick thinks fit to call it It could not be as he most contemptuously says for Consumption of Paper Nor for the Bookseller's Profit for a Reason to be guess'd at Forbear for shame to use these sly and silly Intimations they are fitter for School-boys or the Mountebank's Stage or for Billings-gate than for a Man of your Figure one may be ashamed to have any Dispute with such an Emperick or rather a jesting and jeering Merry-Andrew Pray keep this Sport for the next Bartholomew-Fair and learn more Gravity and Civility It could not be as he further proceeds upon the same Enquiry for the sake of the Lord Russel's Memory or any of his surviving Relations for what was written in the Lord Russel's Defence is says he but a painting to the Life the too deep Concern of that Noble Lord in a weak as well as criminal Enterprize This is wonderful boldness and daring in this Answerer still to pronounce him a Criminal that Noble Lord whom the Supream Power of the Nation and the highest Judicature and Authority have adjudged Innocent And yet he has the Impudence to entitle his undutiful Pamphlet The Magistracy and Government of England Vindicated And to Publish this after he as well as any Man knew that the Act of Parliament had pass'd asserting the Innocency of that Noble Lord and the Barbarity and Injustice of the Proceedings against him Wherein this Answerer had so great an Hand and so bitter and sharp a Tongue One would think that an ordinary Wit might have served to put him in mind that as yet there is no Act of General Pardon and Indemnity pass'd And who knows upon whom the great Exception may light But he gives a very just occasion to the Lord Russel's Defender to let the World know for what end and purpose he long since writ and so lately Printed so despised a Pamphlet by which even his Adversary may be convinc'd it was not meerly for Consumption of Paper or for the Bookseller's Profit but truly for the sake of that Lord's Memory in asserting his Innocency and at the desire and for the sake of his surviving Relations And for the truth of what is thus affirm'd he does appeal to those Noble Relations of his who are yet alive While that Noble Lord was upon his Tryal or very soon after there came a Letter to his Defender's hand who was then in the Countrey near Eighty Miles from London and this from a person of great Honour and one of the nearest Relation to that Noble Lord requesting the Author of his Defence to afford the best Advice he could and accordingly he heartily and freely gave it Much of which does appear by what is Printed by him This was not the only Letter he receiv'd from that Lord 's great Relations upon that sad occasion But after that bloudy stroke had been given a Paper was Publish'd as the Speech intended by that Dying Lord. In Answer to which the now Answerer and Adversary as is too evident did publish his first Pamphlet Entituled An Antidote against Poyson composed to use its own words of some Remarks upon the