Treafon nor Felony, fo it is unnatural that a Confpiracy to Levy War fhould be con ftrued to be an Overt Act of Compaffing th Kings Death.

Thus the Second thing Objected has received a full anfwer, and likewife the first in a great meafure, but to put all out of doubt, a few words fhall be added to give a compleat answer to the first also.

If the Confequences on all bands be duely confidered, the danger will be found to lye on the other hand, yet be it as great as it can be pretended, let it be confidered, that the Law has fettled the point, and fo it muft ftand, till by the fame Authority it be alter'd, for the Rule in Law, is not to be forgot, Nemo Legibus Sapientior. It is to be pretended, that out of a tender regard, that the Law, and all Subjects ought to have for the Kings Life, that a Confpiracy to Levy War, is taken to be an Overt of Compaffing the Kings Death. To this it may be anfwered, by way of queflion; How comes it about, that this Age fhould have a greater care and tenderness of the Kings Life, than our Forefathers had? Can it be Imagined, that they did not understand the Nature of the Government as well as we do, nor did know of what Confequence to the Publick, the Prefervation of the Kings Life is? Can it be thought that they did not duely weigh and confider the confequence on all hands? Yet however were there néver fo many Defects in it, feeing it is fettled by Law, it cannot be altered but by the Ccc

fam:

fame Power, for if it may, then let the Confequence be duly confidered of leaving it in the Breaft of the Judges to rectify the Mistakes or Defects, be they Fictions or real, for then, when a turn is, to be ferved the Law fhall always be defective, and fo in effe&t they fhall Legem dare; Treafon will then be reduced to a certainty, that is, if the Judges pleafe, otherwife not. There will be no need of Parliaments, for the Judges fhall both declare and make Law. What will all our Laws fignify, tho' made and penned with all the Wisdom and Confideration that aParliament is capable of, if the Judges are not to be tyed up and guided by thole Laws, it renders Parliaments useless and fets the Judges above a Parliament. They can undo what the other has done; the Parliament Chains up fome unruly Evil or Mifchief, and the Judges let it loofe again. But befides, where is this dangerous Confequence as is objected? Indeed there had been fome weight in the Objection, had a Confpiracy to levy War been left wholly unpunishable, but the Law has provided a punishment commenfurate to the Offence, and tho' it does not extend to Life, yet is fufficient to deterr Men from the Commiffion of it; yet if a Confpiracy to levy War is to be punisht in a high degree, as a War when levyed, this would be to punish Thoughts as highly as Deeds, which if it be just, yet it is Summum jus.

VVhere

VVhere the Law has provided a Punishment for an Offence, the Judge can pafs no other Judgment upon the Prifoner, no no more than the Executioner can execute the condemned Perfon, in any other manner than according to the Sentence paffed upon him, without incurring the Guilt of Felony; for the one is but the Officer to declare or promote the Law, and the other the Minister to Execute it.

Therefore, upon what has been faid, this conclufion will follow, that no man can (before the Judges) be Convicted of Treafon, unless the Fact be exprefly and literally Treafon within fome Statutes, and he be thereof provably attainted by fome Overt Deed, and confequently a Confpiracy to levy War is not an Overt Act of Compaffing the Kings Death.

REASONS

For an

UNION

Between the

CHURCH

And the

Dillenters,

W

E have at this day many things to lament and complain of: and there is nothing that is a

greater caufe of General Sorrow than the Rents and Divifions that are amongst Protestants: It is confeffed on all hands, that the only way to repair these Breaches is, that both fides muft yield; but who must lead the way, is the first question, and to that I think there is a very Natural Answer, which is this. That they who have the Care and Guidance of the Church, Ccc 3

fhould