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prince_n england_n king_n orange_n 3,749 5 10.1866 5 true
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A58241 Reasons for passing a general act for reducing the forfeitures, humbly offered by the persons concerned 1690 (1690) Wing R498; ESTC R6008 5,838 4

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REASONS For Passing a General ACT for Reducing the Forfeitures humbly offered by the Persons Concerned THe persons Forfeited with the Heirs of such as are Deceased and were Forfeited during the two last Reigns specially since the first of January 1665. Do humbly crave that a general act may be past Rescinding their Forfeitures for the Reasons following viz. First Because it is evident by His Majesties Declaration while Prince of Orange for the Kingdom of Scotland That the Oppressions and violent Persecutions which these persons suffered as well after as before their Fofeitures are there set down amongst the principal Motives that induced His Majesty to undertake for the Relief of this Kingdom And that his said Undertaking was accounted by all good men no less just and Generous then its success was Happy and Glorious 2ly Because it is no less manifest that the greater part of the Articles of the Declaration of the Estates against King James such as the imposing of Oaths contrary to Law the Oppression of a standing Army in time of Peace The imposing of Exorbitant Fines the Imprisoning persons without expressing the Reason The imploying the Officers of the Army as Judges with their Summar Executions and the like were but continuations of what was begun in the preceeding Reign And that the Claim of Right adding thereto many more particulars chiefly ascribable to that Reign such as the forcing men to Depone in capital Crimes against themselves The abuse of Torture the sending of an Army upon any part of the Kingdom in an Hostile manner in time of Peace The Charging the Leidges with Lawborrows at the Kings Instance The Imposing of Bonds without Authority of Parliament The putting of Garrisons in private mens Houses The Fining Husbands for their Wives The Imprisoning and Prosecution of persons for Petitioning the King doth plainly hold forth that both the Reigns were Arbitrary and Oppressive So that to declare King James to have Forfeit the Right to the Crown for the above-mentioned Causes and all other Particulars above set down to be contrary to Law And yet not to restore the persons who suffered thereby and the sadest part of whose Sufferings it was to be made Mad by the said Oppressions and forced to the Extremity of rising in Arms would be very inconsequent 3dly Because the Relief of those thus Oppressed and thereby forced to rise in Arms being really intended To think to effectuate the same by Reductions upon Specialities is neither Advisable nor Practicable as may easily appear by what follows 4ly Because the persons Forfeited and now expecting to be Restored are above five hundred And all the Specialities that can be found by the greatest stretch of the most subtile Invention will not afford Relief to Fifty of the said five hundred So that above four hundred and fifty and these of the Poorest and most Distressed must still remain in Misery Besides that by the making and allowing of the foresaid stretches to find out Informalities The Rules Forms and Practique of the Court of Justiciary are like to be rendred uncertain and doubtful which is of far more dangerous Consequence then any Inconvenience that can be justly apprehended from a general Act. 5ly Because when the Design is known and manifest viz. To Relieve and Restore the foresaids persons Forfeited to go about to do the same under the colour of Informalities which can reach but a few and the greater part of these few very lamely and constrainedly is but to expose both the Justice and Prudence of the Kingdom unless at the same time the Righteousness of these Reductions be by a general Act fairly owned and declared 6ly Because it is well known that the first appearance of His Majesty when Prince of Orange for our Relief and Deliverance was Light and Joy and as Life from the Dead to all these Afflicted persons And that in effect they still are and will perpetually prove the persons most True and Faithful to His Majesty Whereas their former Persecutors did then sink into Grief and Dispondency so that it cannot be thought that any true Friend to King William will now offer to oppose these poor Mens restitution But the great and common Objection is to restore persons who were Forfeited for rising in Arms upon necessary standing Laws and clear and evident Probation were to lay down the worst of preparatives to encourage Rebellions for the future To which it is answered First That it is earnestly wished that the persons that make this Objection may be well considered whether they be Byas●ed by particular Interest or truly and at the bottom approvers of the late Proceedings against King James 2ly It is known Rule That in Criminals as to either Condemnations or Absolutions Precedents and Examples are of no force 3dly That whatever the King and Parliament shall now do by their Soveraign power upon consideration of particular Circumstances as to things can never in Law or Sense be made preparative to hinder the Execution of standing Laws for hereafter It being most certain that when ever these Laws shall be transgressed or contraveened the alledging of things for a preparative found by King and Parliament to be distinguished by their Circumstances would be of no force 4ly As these miserable Attempts at Pentland and Bothwell-Bridge were contrary to standing Law so it is undenyable that all the lesser attempts made through out the Kingdom after the Prince of Orange his Arrival into England against King James before the meeting of the Estates do fall under the same construction And that all the difference as to this point that can be made betwixt them is that Blessed be God these had the far better success 5ly As in England they needed not a general Act so we see that the late Forfeitures have been Reversed and Rescinded upon such slender Reasons that if there had been need of a general Act their Parliament had never stood to have past it 6ly Can any man alledge that the Rescinding of Forfeitures for these former Insurrections can be a bad preparative to encourage Insurrections for the future But at the same time he must think that the late great Revolution may likewayes be drawn into a far more mischievous consequence A thought which certainly all honest Men must abhor And therefore seing that the Oppressions of the Forfeited persons are clearly acknowledged by the Claim of Right their Relief more then insinuate by His Majesties Declaration while Prince of Orange Their Redress expresly assured by the Meeting of the Estates Their Restitution plainly Assented to by His Majesties printed Instructions the manner of their Relief by Specialities evidently impracticable and delusive And that the Forfeited persons themselves cannot fail to be amongst the truest Friends to King William What reason can be adduced to hinder their Restitution by a general Act specially seeing that the alone publishing of this Representation may and will undoubtedly cut off the ill consequence of a supposed preparative to the end of