Constitutional History of England, Henry VII to George II. Volume 3 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 3 of 3
Hallam, Henry
Constitutional history -- Great Britain
_Irish forfeitures resumed._--There is, if not mere apology for the
conduct of the Commons, yet more to censure on the king's side, in
another scene of humiliation which he passed through, in the business
of the Irish forfeitures. These confiscations of the property of those
who had fought on the side of James, though, in a legal sense, at the
Crown's disposal, ought undoubtedly to have been applied to the public
service. It was the intention of parliament that two-thirds at least
of these estates should be sold for that purpose; and William had, in
answer to an address (Jan. 1690) promised to make no grant of them
till the matter should be considered in the ensuing session. Several
bills were brought in to carry the original resolutions into effect,
but, probably through the influence of government, they always fell to
the ground in one or other house of parliament. Meanwhile the king
granted away the whole of these forfeitures, about a million of acres,
with a culpable profuseness, to the enriching of his personal
favourites, such as the Earl of Portland and the Countess of
Orkney.[210] Yet as this had been done in the exercise of a lawful
prerogative, it is not easy to justify the act of resumption passed in
1699. The precedents for resumption of grants were obsolete, and from
bad times. It was agreed on all hands that the royal domain is not
inalienable; if this were a mischief, as could not perhaps be doubted,
it was one that the legislature had permitted with open eyes till
there was nothing left to be alienated. Acts therefore of this kind
shake the general stability of possession, and destroy that confidence
in which the practical sense of freedom consists, that the absolute
power of the legislature, which in strictness is as arbitrary in
England as in Persia, will be exercised in consistency with justice
and lenity. They are also accompanied for the most part, as appears to
have been the case in this instance of the Irish forfeitures, with
partiality and misrepresentation as well as violence, and seldom fail
to excite an odium far more than commensurate to the transient
popularity which attends them at the outset.[211]
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