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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A48014 A letter from a lawyer in the countrey to a member of Parliament, or, Indemnity the effect of vacancy Lawyer in the countrey. 1689 (1689) Wing L1408; ESTC R9346 4,495 4

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A LETTER FROM A LAWYER in the COUNTREY TO A Member of Parliament OR INDEMNITY the Effect of VACANCY SIR I Remember in one of your former Letters you were pleased to desire me to send you the general Opinion of the Countrey concerning the Vacancy of the Throne and how they seem'd to stand affected upon it And I then return'd you in Answer That your Proceedings therein were very well approved of for it could not be imagined that so many of the Nobility and Gentry would have been so ready to have hazarded their Lives and Fortunes as they did without a just and reasonable Cause nor that so many Gentlemen of Estate and Quality would have appeared in this Parliament if they had not been entirely convinced of the safety and innocency of their appearance neither the People of England who chose them nor the Persons elected could be imagined to admit themselves guilty of High-Treason the greatest Crime of the Law and if there had not been a Vacancy of the Throne by the late King's Abdication of the Government no less a Crime than High-Treason could have been imputed to them But since that Point hath been so solemnly determined the Nation is entirely satisfied that the Parliament have thereby set forth a Declaration of Indemnity to Themselves and all Others and therefore it was that by the universal Consent of all People Their Majesties King WILLIAM and Queen MARY were proclaimed in all places with so much joy and satisfaction There was something in that Vote that pleased all manner of persons as soon as they had a right Notion of it they lookt upon the Nation as newly Baptized from all its Sins and Corruptions and that every Man was to begin the course of his Life upon a new Basis and Foundation when they saw no publick accusation was like to happen every Man began to condemn himself some their Ambition Vanity and Pride that cast a Mist before their Eyes others their mistaken interest and fears some began to review the Principles of Loyalty and Government which they had imbibed from their Infancy under the Doctine of Passive Obedience others condemned their unfortunate compliance of doing evil that good might come of it but all looked back with Safety as well as resolution of Amendment upon their past Errors Those who never saw any Changes of Government and had little experience in such Affairs thought themselves sufficiently provided with a Stock of bought Wit to make them good Subjects for the Publick as well as cautious and prudent as to themselves Thus whil'st every Body reflected upon their own Miscarriages they could not but see that a few Evil Ministers at Helm had been the cause of all this Misery both to Themselves in particular as well as the Nation in general and therefore some extraordinary Act of Attainder against those Evil Councellors was all that was expected or can be approved of by the generality of the People of England And the rather because it is so publickly known with what Zeal His Majesty hath recommended a most General and Express Act of Oblivion for all his Subjects with Exceptions only of such Evil Councellors as you in your great Prudence and Mercy should think fit Matters being in this posture with us in the Countrey and such being the common expectations of all Men I must confess I found that general Vote against those that omitted to take the Oaths did not only affect the Persons concerned who I 'll assure you are very numerous and have many Friends and Relations that pity their Case but I perceived all sorts of People concerned at it for they looked upon it as a leading Card to their own Miscarriages tho of another nature All those that were concerned so much as in Addresses and Abhorrences in the Reign of King Charles the Second who are a great part of the Church of England and all those that signed Addresses or other Papers for taking away the Test and Penal Laws who are a great part of the Dissenters not to mention a multitude of greater Offenders who cannot expect to fare better are terribly afraid of these Proceedings and where there is Fear there you will always find Hatred and Aversion So that I may safely say That the Consequences of these things are dangerous at such a critical juncture of time and tho the evil effects thereof may not be so visible to the World yet I fear this Nation may too soon be sensible of them Therefore it is that I have thought fit to put you in mind of that Abdication and Vacancy which being voted by you as a matter necessary both for your own particular Indemnity as well as the general Interest of the Nation the Benefit thereof cannot without some Inequality not to say more be denied to the more general Miscarriages and Offences of the Nation But there are some zealous Men in the World who being lately freed from severe Usage themselves are not contented with Revenge against their particular Adversaries unless they can involve all Mankind Friends as well as Foes in Troubles and Afflictions And from such Men as these who are neither willing to admit of this nor any other Act of Indemnity I meet with several Objections which I thought fit to give a sudden Answer to for your private satisfaction and that with all the submission and deference imaginable to the VVisdom of our Superiours at this time assembled in Parliament Object I. That nothing is more common in our Law-books than to find Offences committed in one King's Reign to be called in question and punished in the Reign of his Successors and that Their present Majesties whom God long preserve being Crowned King and Queen of England c. there is the same reason in this as in all other Cases Resp There are indeed many Cases and Instances of that kind but the reason why there may be a Retrospect in such Cases is a clear Illustration why there may not be in this There is as much difference between the two Cases as there is between a Descent and Purchase at Common-Law The Heir by Descent may distrain upon the Tenant for Rent partly incurred in the Life of the Ancestor but a person that comes in by Purchase cannot The Law casts a Freehold upon the Heir by Descent before entry upon a Purchaser it doth not But in the Case of the Crown there seems a much greater difference for in the Case of a Descent to the Crown the same Politick Capacity remains in esse tho in another person and therefore it is said in such a Case That the King never dies but he is said only demittere Coronam upon the next Heir for in such a Case the Law allows of no Interval or Inter-Regnum but the Regal Power is immediately devolved upon the next Heir by construction of Law. And since the Politick Capacity remains without interruption and the Execution or punishing Power of the Law is lodged in the King by