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A60124 A second vindication of the magistracy and government of England by way of an answer to the several replies &c. Shower, Bartholomew, Sir, 1658-1701. 1689 (1689) Wing S3658; ESTC R37550 16,902 8

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or deficient or both The 5 6 7 8 9 and 10th Pages are all impertinent to the Point in question and contain nothing but a Vindication of his justly condemned Clamour in his former Book concerning which I 'll boldly say it in seventeen Points of twenty he is out in his Law if 't were convenient to publish the proof on 't I could make it plain His design is to shew in those Pages his Wit and Fancy more than Candor or Law for my part I am of his Friends mind that he comes not short of the old Observator for managing a Dialogue But all this is not to the purpose he is not come at it yet he 12. page savours of the same Kidney the 13. and 14. are no better there he vents his Gall and that in Ribaldry no softer a name than Tools can be afforded to Men of Worth and Honor if himself be one as some suppose him I am sure it is not to the present Government for he plainly condemns it and declares the People i. e. his sort of them unsatified with it for its sparingness in vengeance and it is because others are not punished for maintaining the Law and themselves not preferred for Arraigning it some Men know my meaning He says he is only for mumbling of Judges and Counsel Causa patet But I must tell him two things 1. The inclinations of Englishmen and the Laws of the Land will never quadrate with a Common-wealth 2. His supposed Criminals do not depend on their Number but the Law which ought and will justifie them if it doth not please let it be changed by Parliament or if the Author thinks that a tedious way let us burn all our Law Books at once and then perhaps his Remarks and Reply will be thought to be Reason and himself the greatest and only Lawyer in the Realm but till then he must give others leave to know and to say that they know he is mistaken for Resolutions and Opinions pursuant and agreeable to the Opinions and Rules of former Ages I mean frequent and repeated Presidents approved by the Lawyers of the Age that used them I say these will be Law to the end of the World unless altered by new Statutes And now we are come to debate the Question all that is past is upon the Times and not the Point In page 18. is his Reasoning part which is no more than was said before in c. To redargue him I must repeat if therefore he will observe what is said by the Sheet pag 22. I will say no more on 't but submit to the Judgment of the Reader he says the inferences are Ridiculous I say they are Rational and Genuine the single issue is if his or my friends Arguments are the most Logical and Natural let the Reader judg Now for Authority Let us see if he urges any on his side or answers that on the other He admires pag. 24 at the assurance of the Sheet Author and others admire at his He says the Parliament had often adjudged it but none can shew any Judgment in the House of Lords or Vote of the Commons House to that purpose I have shewn the Sense of the present Parliament in the Point of Guards and his temporary Laws are already answered nor would any M●n but he and one more pretend that they are Judgments in the Case Surely it will not be pretended that his Case of the Earl of Northumberlands in Hen. 4. time is any thing to the purpose Nor is it any Argument to say no King of England was ever killed for want of Guards Now for Cases page 26. He saith that in the Earl of Essex's Case there was an actual War Levyed and that as I said before destroys the Argument from the different sorts of Treason As to Cardinal Pool's Case he only says there was another Statute in force then but no Record or History says that he was indicted on any other then the 25. Edw. 3. As to Dr. Story 's Case he tells a long Tale out of Camden about the Fact but answers not one word to the Indictment whatsoever the Evidence was the Indictment was as the Sheet alledges and that is enough His answer to Coleman's Case is that that things hapning afterwards proved more but the Evidence was no more than what my Friend alledges As to Sir Henry Vane's Case his answer is his own hearsay of what was proved but the Judgment he never perused argued like a Lawyer As to Constable's Case and the rest he gives no answer but only that a repetition of a number of Cases makes a mutter and a noise and so it does when they Govern and Rule the matter in question and are not answered Owen's Case he says the Author presses it strangely and that is all He says the Cases of Burton Duke of Norfolk Awater Heber and Crohagn are not to the purpose let the Reader judg if they are not pertinent As to the Opinion of the Judges in the Lord Stafford's Case he doth not mention it but says the reviving that Case might have been spared and that is all a pretty answer as to Colledg's Case he talks of a proof of a self Defence but nothing to the Point it was urged for As to the Cases of Lord Cobham Gray and Rawleigh in 32. 33 34 55. pag. Setting aside his scandalous Invectives and Reflections upon those Times Ministers and Governments he no ways attempts to answer the Argument drawn from them viz. that the Charge was the same as in the Case in Dispute Now do I appeal to any Man of Sense and Reason that will Read and Think closely if the Repliant hath offered any one Argument more than the Lord Russel's Case Defence and Justification had alledged If he hath shewn any one Judgment where such Indictment was resolved naught If he hath given any answer to Dr. Story 's Collingborn's Sir William Ashton's Burdet's and Sir Henry Vane's Indictment in short if he hath answered any two of the Cases cited or if he hath done any thing but reflect on past and late times and if the Indictment remain not good both for matter and form notwithstanding all these pretended Replies Upon the whole matter I desire the Reader to peruse the Books cited and to judg if there be not presidents enough unanswered to justifie the Indictment in question and that the Recorder gave a good Judgment upon the Verdict that affirmed its truth quod fuit Probandum To conclude Since the Repliant is in love with Horace I would advise him to consider one hint of his Forum putealque Libonis Mandabo siccis Hor. FINIS