Selected quad for the lemma: justice_n
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A51730
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The Man-hunter, or, A due reproof of a malicious libel against the present government entituled, The third and last part of the magistracy and government of England vindicated with reasons for a general act of indemnity.
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1690
(1690)
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Wing M369; ESTC R5950
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18,444
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18
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declaring King William and Queen Mary King and Queen by the Laws of this Realm even Vid. Act declaring the Rights c. though he whom they would have prevented from coming to the Throne had taken Possessiâ—n and is yet alive while the others who held his Succession sacred and that none but Republicans would attempt to deprive him of what they contended to be a Divine Right may be allowed to call the Williamites Republicans With such Republicans the Bishops joined in their Proposals to the late King and since in their inviting this King while Prince to take upon him the Administration of Affairs without staying to know the late King's Pleasure And these Republicans when some were for calling back their old King in spite of Opposition setled the Nation under a Protestant Head Who therefore are the greater and the better Party and what is their true Interest 't is not to be doubted but will be very well understood notwithstanding all this Orator's blinds and empty Politicks 3. This might be enough by way of Prevention to set aside the Consideration Pag. 8. of his third Head did he not mention in it an undenyable Argument against a General indefinite Act of Oblivion where he heaps up a great many Faults which he lays to the charge of those who act under his present Majesty which 't is to be hopâ—d are not true but if they are 't is an Evidence that they have too much presum'd upon Impunity and were it not for that Presumption they who had been concern'd in the Surrenders of Charters would not so soon at least have been guilty of those foul Practises which are too notorious to be conceal'd and had things succeeded according to the desire of most who were not too much concern'd for themselves or their Friends they had been justly depriv'd of the Opportunity If at any time it be fit to answer a Fool in his Folly lest he seem wise in his own conceit How much more so when he has gain'd a Reputation among others and with a vain Pomp of Words and a way of arguing admir'd for the misteriousness of it he not only may lead some well-meaning Men to have little concern for so much innocent Blood as has been spilt but would endeavour to bring the Nation to a participation in the Guilt of that and all the other Crimes which he would have swept away with an indefinite Act of Oblivion To shew that to make Examples of Lawyers who would impose upon Courts with sham Cases and Authorities in Law is but agreeable to Pag. 2. the Wisdom and Justice of ancient Times I shall refer to the Statute West 1. cap. 30. which makes the putting any Deceit upon the King's Court punishable with Imprisonment for a Year and a Day and a total Disability to plead there and leaves a discretion for greater Punishment If our wise Ancestors made it so penal for Lawyers to impose upon Courts of ordinary Judicature in trivial matters What would they have done had they foreseen the improvement of such Deceits by some of the Profession in matters of the highest importance and their lewd Endeavours to mislead the Justice of the Nation and stain it with the Blood of the noblest Patriots POSTSCRIPT THIS Paper may be thought larger than had been needful and that all that part of it which tends to prove the Vindicator to be of another Allegiance or to under-mine our present Settlement might have been spared it being no more than what perhaps he is proud of or at least than may be obvious to any that will consider his three Sheets But my Business is not to shew him to himself his inward Thoughts no doubt give him a worse Character than I have affixt to him yet Numbers being misled either through prejudice or want of Consideration it is but requisite to take off that mask under which he would impose upon them nor ought it to be said in after Ages to the reproach of this that he who justified the Proceedings against the Lord Russel after the Nation has done right to his Memory was suffer'd to trample upon his Ashes and enjoy the Triumph If our Saviour may at this Day be crucified afresh I submit it to Consideration what is to be thought of some in relation to the late Ld. R. and others These things I believe every impartial Man who truly compares what is offer'd on both sides will grant me 1. That this Gentleman uses a very preposterous Method to perswade this Government to an Act of Indemnity without Exception for any Crimes that have been committed when if his Reasons prevail we must renounce the Foundation upon which the Government stands and yield to the Implication that there was nothing but pretence in that which seem'd the sole Enducement to his present Majesty to undertake our Deliverance and went a great way with the Convention and Parliament in receiving him for our King What the Convention and Parliament thought of the late King's Instruments of Male-administration has appeared above And among other Passages in this King's Declaration of the Reasons inducing him to appear in Arms for preserving the Protestant Religion and for restoring the Pag. 1. Prince of Orange 's Declaration Laws and Liberties of England Scotland and Ireland he says We see that those Counsellors who now have the chief credit with the King have overturned the Religion Laws and Liberties of those Realms and subjected them in all things relating to their Consciences Liberties and Properties to Arbitrary Government and that not only by secret and indirect ways but in an open and undisguised manner All which things according to the Vindicator are either justifiable or doubtful Pag. 5. 2. That he prefers the Safety of them who had joined in violating the Constitution of our Government to the Constitution it self and our happy Settlement under it 3. That the Reputations and Security of them who unjustly prosecuted to Death some of the best of our Patriots is more valuable with him than all that innocent Blood which has been sacrificed to Lust of Power in some and the Ambition or Avarice of others 4. That in the Authorites and Arguments which he uses to give countenance to such Proceedings he discovers either great weakness of Judgment or that fasleness which among some has pass'd into a Proverb And he may be left to his choice whether he will confess want of Judgment or of Veracity It were easy to shew that he has palpably wrested the Law in more Instances than what I have mentioned but I would not enter into the Provinces of some learned Gentlemen who can more effectually shew how he has abused them and what relates to their controversy with him They I am sure deserve not to be dispised by him and how low soever Malice or obloquy may have laid me I thank God I could never so far undervalue my self to flatter them who I believ'd were false to my Country I have ever Pag. 2. Pag. 1. renounc'd all Friendships inconsistent with its Safety and shall never fear provoking any Man while I prosecute its Service Because some were not his true Friends he 's resolv'd to make Enemies of those who despise him I might possibly have rais'd my self by swimming with the Stream though not to this Gentleman's Heighth at least above a Competition with his Bagbearer And if with this Vindicator I would have strain'd my Fancy and my reading have wrested Authorities or made use of spurious ones to justify the Arbitrary Proceedings of the two last Reigns I might possibly have attain'd to be Amanuensis to the Observator and at least to have shard in the 800 l. part of Thousands which issued out of the Exchequer for a single Trial. I hope it is no vanity to say that I left the University with Advantages enough for such Preferment nor wanted Invitations to change my side after by freeing my self from some Prejudices of Education I became a Mark in the Eyes of those who were than at helm I could not foresee all the Events of constantly adhereing to an oppress'd cause yet was not unprepar'd against all that could happen But without making particular Application I cannot but remember the learned Mr. Mede's Observation of himself that by his pains to excuse our Vid. Mr. Medes Works Church for bowing to the Alter he had merited great Preferment in it had he not unfortunately engag'd in proving the Pope to be Antichrist FINIS London Printed for the Author 1690.
The Man-Hunter OR A due REPROOF of a Malicious LIBEL Against the Present GOVERNMENT ENTITULED The Third and Last Part of the Magistracy and Government of England Vindicated with Reasons for a General Act of Indemnity It is the part of an ill-natured Man or I might rather say scarce of a Man to make a Trade of Hunting People to Death Tullies Offices Sir R. L ' s. Ed. p. 143. Be sure to observe this Duty as inviolable and sacred never to have any thing to do in exposing of Innocent Blood For it is a Crime that no colour in the World can justify for what can be so inhuman as to turn the Faculties of Reason and Eloquence that were given us for the Benefit and Conservation of Mankind to be the Ruine and Destruction of honest Men. ibid. THE Author of the three sham Vindications of the Magistracy and Government of England in his last especially sets up for a Wit in his way of exposing Mens Persons a Lawyer in colouring over the most outragious Attempts upon Mens Lives and Assassinations under Pretext of Law with a false shew of allowable Precedents and a Politician in an awkard Recommendation of a general indefinite Act of Oblivion whereby he would have the greatest Criminals freed even from Marks of Disgrace as if that were possible when such Men â—ag 4. â—g 5. like Cain will ever carry their Marks about them But as he would have the Oblivion indefinite it must be meant in relation to Time as well as Persons and no doubt but he would have all endeavours for the Subversion of the present Government pardoned and yet presses this in such a manner as brings one exception at least in himself whilst he vilifies our happy Settlement as founded on a bottom which makes the pardoning of Criminals in former Reigns necessary for its justification and subsistence and indeed the parting with all the Laws of this Nation not enacted since the Abdication for that if every thing were not â—ag 8. I 'll not â—ention the Arâ—â—â—ent from the â—acancy that â—e Government â—as dissolved â—ery thing reduâ—â—d into its priâ—itive State of â—lature all powâ— devolved into â—â—dividuals and be Particulars only to provide for themselves by a new Contract for if so there 's yet no new consent for Punishment â—f acts done before the Dissolution and consequently Revenge for that is at an end Indemnity therefore ought to be proâ—oted by those who made that Vote for otherwise their Truth may be suspected c. reduced to its Primitive state of Nature upon the breach of the Contract and vacancy of the Throne which was voted by the Convention as the foundation of its Proceedings then the late King had not broken the Contract a total Dissolution of the Government being suppos'd inseparable from such a Breach Nor was there ground for declaring King William and Queen Mary our King and Queen and for the Parliament afterwards to enact that Their Majesties having accepted the Crown were are and OF RIGHT ought to be by the Laws of this Realm our Sovereign Liege Lord and Lady c. †Bill of Rights 1. W. M. Upon this the Observation is very natural that this Gentleman is more concern'd for the Criminals in former Times than for the Honour and Support of this Government What pity is it that the late C. J. died with Reproach and did not live to be cleared by this Advocate that he might put in for a Man of Merit now for his Truth Probity and Vsefulness some no doubt think it were better that he should still be Chancellor than that the Great Seal should be in Commission bearing a resemblance of a Common-Wealth not much unlike the Peoples declaring for King William and Queen Mary for wherever the Power or Title is lodged in more than one they will have it a departure from the Monarchy And thus there must be one Chancellor one Treasurer and the King and Queen must be one Person by a mysterious Union But to return to our Author he not only scandalously reflects upon our Settlement but directly Libels the Bill of Rights which declares That the late King by the Assistance of divers evil Counsellors Judges and Ministers employed by him did endeavour to subvert and extirpate the Protestant Religion and the Laws and Liberties of this Kingdom And yet being conscious that at least part of the Charge against evil Instruments would equally fit some who were very active to those ends in the Reign of C. II. while they could keep on the Mask of Service to the Church strongly labours to have it believed that all such Pag. 2. Reflections upon the Servants of former Crowns made by any private Persons proceed from vitiated Sentiments are but the Clamours of Male-contents with the addition of Sareasm instead of Argument and blushless Lies instead of Law and Precedents downright Libels criminal and injurious to common Justice Pag. 2. According to which either the Censure pass'd by the Parliament upon Servants of the late King is not true or else the same things become false if mentioned by private Persons For him to clear his Pretences either to Wit Law or Policy it might be requisite to learn to reason like a Man for he must not fancy that this thinking Age can be impos'd upon with a few glittering Periods hanging together like a Rope of Sand especially when they want a practis'd motion of the Head and Hand a Cadence measur'd to the breath and a tuneful Accent to set them off by the help of which one who can't write common Sense may pass for an Orator in speaking I am sure had he not been better vers'd in Rhetorick than Logick he would never have argued thus For Lawyers to note and report Abuses of Pag. 1. the Law in former Reigns under the pretence of serving Their Majesties is meer Pretence Mark one of the convincing Reasons For first it 's not their Province these Publications are made by them not as Legislators or Judges but as private Persons As if private Persons must stay for Commissions to serve their Countrey in their civil Professions or Studies as well as in the Wars upon ordinary occasions and without such Authority their Services can never be real or really intended To have this pass into a Law indeed would be useful Policy for such times as he is concerned for but at present Men are to seek of the Reason why what a private Person does with the greatest Sincerity and Application of Mind for the Service of his Countrey and Information of Posterity should be but a Pretence meerly because he is a private Person I here give but a taste of his way of Reasoning but shall have occasion to expose it more fully where he would be thought to argue with the greatest Strength But since this false Reasoner and Perverter of Law to the worst of purposes Pag. 4. I 'll plague the Worl no more with writing on