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A60118 The Justice of the Parliament, in inflicting of punishments subsequent to offences, vindicated and the lawfulness of the present government asserted : with some animadversions upon the second vindication of the magistracy and government of England. Shower, Bartholomew, Sir, 1658-1701. 1689 (1689) Wing S3651; ESTC R15074 22,626 35

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for the Parliament to determine against such as brought my Lord Russel and others to an illegal cruel and untimely death and it is our Author 's bold affirmation That they are as safe as under an Indemnity that has ministred the occasion of discoursing upon this Topick I consess I am very ill instructed in the Cases of the rest that were hurried to their Graves through the violence of the late times my remembrance of them is not more perfect than one may be presumed to retain from a transient and cursory perusal of their Trials but by a general consent of all Lawyers the Sentence against many of them is not more to be defended than that of my Lord R. Mr. Sidney's and Mr. Hampden's had the same weak foundation only with this difference That the latter pleaded guilty but it is plain from what has been already said upon my Lord Russel's Case that he was not unless he was conscious of some other guilt than was charged on that Noble Lord. 'T is true in all Inferior Jurisdictions and Courts he is estop't to say he is innocent and that the Plea was extorted from him through menace of Hanging Drawing and Quartering because the admittance of such a Plea is repugnant to a Rule of Law That there can be no averment against matter of Record and the Plea is recorded but whatever Acts in pais and that are not recorded a man executes unvoluntarily by duress or threat of being beaten imprisoned or sear of other bodily hurt he may avoid them by pleading the special matter in an Inferior Court as for the purpose all Bonds Specialties Deeds Conveyances c. If a man consider this difference abstracted from the aforesaid Maxim it will seem very absurd and unreasonable that one shall be allowed to disannul an Act he persormed to save a beating or a short Imprisonment for which the Law would have given him reparation proportionable to the damage he should sustain and that Mr. H. shall not be received to make vo●d his Plea by saying That he was forced to it to save himself and Family from the ignominy of dying under a Gallows therefore in Cases of this nature the Parliament ought to give aid and relief which may be done without inconvenience since the Parliament the Seat of the Legislative Power has an unlimited Jurisdiction and neither is nor ought to be so streightly bound up as Subordinate Courts From Mr. Hambden's Plea there ought no inference to be made to the prejudice of my Lord Russel since it was altogether involuntary Upon the whole I have perused that Noble Lord's Trial with the exactest care and curiosity and I do profess I can discover no Crime nor Conspiracy other than he was engaged in by an hereditary and unshaken Zeal and Concernment for the Religion Laws and Liberties of his Countrey and yet our Author has the boldness to repeat in both his Sheets That his Relations were pleased with the Justice dispenced to him by the Court. His Judgment cannot be defended without reflexion on our present Government which is founded on the generous and successful Attempt made by the People of England under the Auspicious Conduct of His present Majesty to recover their Ancient Birthrights 'T is true we that engaged in this Revolution are justified by a greater number of breaches and violations of our Laws And we have carried our resentments further There were Incroachments sufficient upon the people as appears before to authorize whatever he transacted and we found they improved and grew at length to such a height that we were forced to abandon our beloved Doctrine of Passive-Obedience and Non-resistance for a long time we were restrained the use of other than the Spiritual-weapons of Prayers and Tears so long that all the Secular and Civil Rights of the Kingdom were destroyed At length those two Leviathans the Dispencing Power and the High Commission Court were set up and began to prey upon the Liberties and Properties of the Church and then our Confessors gave us leave to resort to other sort of Arms which in less than six weeks time redeemed them and us For my part I was bred and will live and dye in the Communion of the Church of England as by Law established I believe it to be the best constituted Church in the World both for Doctrine and Discipline and as upon the Reformation She cash●ered those luxuriant Ceremonies that in the Church of Rome spread so far as to cover and shadow the root and substance of Religion so She seems to retain sew more than are competent and necessary for the decent and orderly discharge of Divine Service but my Affection to the Church cannot so far blind my Judgment as to approve the conduct of a great many of her Ministers and Clergy I was willing to compound with them and to admit That Fighting their Mothers Battle with so great Courage in her late distress should be an expiatory sacrifice to shrieve and absolve them from their former errors and miscarriages But I can hardly forgive such as now unseasonably return to their Vomit of Passive Obedience which they themselves by experience so lately found to be absurd and inconsistent with the general Laws of Nature and Self-preservation and that endeavour by their example as much as in them lye to alienate the bearts of the people from the Government at a conjuncture when the common danger of Religion and Laws do absolutely require the closest union and the strongest and most entire coallition of all the Protestants Power and Interest I cannot frame any colourable excuse or apology for these sort of Men. Their Murmurings and Discontents cannot proceed from the influence of their ancient and exploded Principle for even those steps towards the late Change which they encouraged authorized or concurred in were as much a departure from and a contradiction to the notion of Non-resistance as the Abdication it self Neither can I allow that they can be the result of just and rational fears of a design to turn this well tempered Monarchy into a Republick since that is more effectually obviated and prevented by setling Their Majesties upon the Throne than it would have been by the Regency or any other project that has been propounded or discoursed of nay I had almost said That the Regency did change our Monarchy into a Commonwealth for it stript King James of all his Prerogatives and Powers it left him indeed the Title of a King but the administration of the Government was to be lodged and intrusted in other hands Sparta had an Officer that bore the style of King but notwithstanding that the Government of Sparta is transmitted to us under the Title of a Commonwealth for in truth the King had not these Jurisdictions nor Franchises in which the Essence of Monarchy consists Such a King as there was of old in Sparta would the Project of the Regency have made King James which really was no more than to set