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A61421 Authority abused by the vindication of the last years transactions, and the abuses detected with inlargements upon some particulars more briefly touched in the Reflectons upon the occurrences of the last year : together with some notes upon another vindication, entituled, The third and last part of the magistry ans government of England vindicated / by the author of the Reflections. Stephens, Edward, d. 1706. 1690 (1690) Wing S5421; ESTC R15552 30,141 48

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speaking of And now to return to our merciful Vindicator He makes me think of the vulgar Observation of March that it comes in like a Lion and goes out like a Lamb and he shews himself a right March Bird. Our Laws were not severe enough with him at the beginning to punish the Author of the Reflections whom yet he dares not charge with any want of kindness to his Majesty v. p. 2. But he must fetch a Precedent as far as Venice to shew the heinousness of his Crimes in prying into Secrets of State to be no less than what is punishable with Death But when he comes to King James's Counsellors c. how is the Lion changed into the Lamb But alas it is only to those good People So kind to them that one would think that this Vindicator had had some hand in the Letter and Bill of Pardon for King James which was found in the Speakers Chair But to the Author of the Reflections he presently turns Lion again at least puts on the Lions Skin If he but complain for the just and necessary Assertion of our present Settlement that not one of King James's Instruments has been brought to condign Punishment how does this Lion roar and storm at this as a Revengeful Spirit that would drench the World in Blood c. But the truth is it seems but a Copy of his Countenance a meer personated Fury to please some body But what their Sentiments are who were to be pleased with this is not hard to be understood They were it seems not only for Pardon but for Preferment too for those honest Gentlemen as such as do deserve the return of our Gratitude Sure this Writer had a mind to try his Skill in Oratory and after the Example of Carneades try what he could add to his Oration against Justice And I should have thought that Carneades had got a new Set of Scholars amongst us since the late Revolution For since I wrote the last Period I met with another Vindication so like this that I dare presume the Authors of both are pretty near of Kin. Only I find this vast difference between him and them What he did innocently only for a Tryal of Skill to shew his Wit and Oratory and what an ingenious Man might be able to say on an ill Subject these Men do in good earnest that is strain all their Faculties to the utmost in a real opposition of Justice Nay those who not long since strain'd all their Wit and Parts and the Law it self to take away Mens Lives under pretence of Justice contrary to Law now strain all to exempt the most notorious Criminals deserving the greatest Severity from condign Punishment by an Indefinite Act of Oblivion and Vniversal Indempnity wherein I must confess they act very uniformly before in suppressing and now in opposing of Law and Justice and always for their own Interest So it must be or if we suppose them to believe that there is any such thing as Justice at all it must be granted that they have different Sentiments concerning the Crimes than we imagine or however than we have And this is plainly the Truth The one in effect will admit no Crime in King James precedent to his Departure And the other will admit none in his Ministers Officers or Instruments That which we take to be Justice in that case he calls Vengeance and Revenge and those who are for it Blood-hounds Bellowers for Vengeance Hot-headed Animals c. What we take to be great and notorious Crimes he reputes Points Justifiable or at least doubtful wherein the Justice of inflicting Punishments can never be vindicated and begs the Readers Pardon for the Impropriety of calling them Punishments though he will not name their proper Term. And a little after Actions done in the last or former Reigns about which the World hath been so much divided if Lawful or not And if this be not sufficient to declare his Sentiments concerning his proposed Indefinite Act of Oblivion and universal Indemnity he tells us plainly Lastly It s consistent with and promotive of the Truest and Highest Justice that is for King James For in most of the Cases the thirteen Heads he had mentioned before viz. The Heads Voted 23 Jan. to be Crimes for which some Persons may justly be excepted out of the Bill of Indemnity the Law is doubtful And to punish Opinion in matters of Law is as unjust as to prosecute Mistakes in matters of Religion is unchristian So that here we have a Vindication not indeed of the last Years Transactions but what is more of the Transactions of the last or former Reigns And if this be good my Opinion which according to this Lawyers Judgment is not punishable being in matter of Law is That King William hath no good Title but he 's a meer Usurper and we have catch'd at an advantage against an Innocent Man upon a timerous Flight or Departure to keep him from his Right My Opinion in this matter I have publish'd in Print more than once and therefore will not repeat it here But this is so evident a Consequence of what he saith that it is his Opinion that I know not with what Colour or Pretence he could deny it if he would Other Consequences of his Discourse I take no notice of because not pertinent to my present purpose But I think I may reasonably recommend it to the consideration of the Dissenters as that which may in some things afford as proper Topicks for them as for any sort of People of this Nation that I know and may be alledged with much more reason for them than for his Party of Criminals Veritas praevalebit one time or other By what hath been said I suppose it is very evident that the Authors of The last Years Transactions Vindicated and of the three Parts of The Magistracy and Government of England Vindicated are near of Kin at least in their Principles and Sentiments of the present Government under King William and Queen Mary and of their Right and Title thereunto and in the General Scope of these Writings as near as in their Titles And therefore this last coming so opportunely to my hand it doth not only confirm my Opinion of the former but gives me a fair occasion to consider the matter of both so far as concerns my Subject with one and the same Labour And therefore before I proceed to speak of the Punishment of the Criminals in our Case this Gentleman being a Lawyer gives me occasion to consider of the Law by which they may be punished For if there be no Law for it he is in the right That they are not properly Punishments but Violence where the Justice of the thing is not clear and undoubted And so much by the way I hope he will give me leave to say of the Executions of Stephen Colledge my Lord Russel Colonel Sidney Sir Thomas Armstrong c. that they were Violences that is