Memoirs of the Reign of King George the Third, Volume 3 (of 4)Walpole, Horace
History
Memoirs of the Reign of King George the Third, Volume 3 (of 4)
Walpole, Horace
Great Britain -- History -- 1760-1789; Great Britain -- History -- George III, 1760-1820
On the 17th of February Sir George Saville moved to renew a bill drawn
by Lord Chief Justice Coke, and passed in the reign of James the
First for quieting the minds of those who possessed Crown lands, by
preventing the Crown from suing for the recovery of them after they
had been enjoyed by private persons for sixty years. Sir George made
the proposal in very general terms, and with great decency, though in
a style too metaphoric. The intention was evidently suggested by the
recent case of the Duke of Portland, but he affected not to allude
to it, nor to pass any censure on that act. The case they knew would
present itself to every man, and the less animosity they discovered
the more easily they hoped the bill would find its way through the
House and be at once a silent reproach to and a real check upon the
Crown. Sir Anthony Abdy seconded the motion. Lord North objected on
the impropriety of the time, the very end of a parliament; and he
urged that such bills should only arise out of grievances: he called
to know if any such existed. Lord Clare said, that the Crown having
actually in contemplation to give up or sell to the public many forests
and wastes for cultivation and increase of provisions, such a bill
would impede that scheme. Charles Yorke, in a very long deduction,
argued against vexatious revisals. Himself, when Attorney-General,
he said, had been consulted by persons who had obtained such grants
and had condemned them. So had Lord Mansfield, whose abilities and
merits were only exceeded by slander. He then stated the case of the
Duke of Portland, which, he said, had been treated with incaution and
precipitation; and that the Duke ought to have had the preference given
to him, as being in possession, over Sir James Lowther. Norton replied
that the case had been four months in agitation; that the preference
could not be given to the Duke, who contested the right of possession
with the Crown, and did not sue for it. That though his Grace’s grant
dated sixty-three years before the dispute, the encroachment was not
of equal antiquity, the lands in question having appertained to the
Queen Dowager, who had granted them on lease, which had not expired
till the year 1724, when the Dukes of Portland had appropriated them to
themselves. He challenged Yorke to meet him in any court in England,
and fight out that cause. Yorke evaded the challenge; though Norton and
Rigby again called on him to be explicit. Much complaint was made of
the surveyor’s refusal of the sight of necessary papers. Sir William
Meredith spoke, with more applause than he had ever done, in behalf of
the bill. Grenville trimmed with all his art, not to offend Lord Bute
and Sir James Lowther. Lord Barrington, in order to get rid of the bill
at that time, approved of passing it in another Parliament, and said
he should be desirous of taking away the _nullum tempus_[77] from the
clergy likewise. Lord John Cavendish, throwing out insinuations against
Public-domain text, read in full here on John Shaqi.
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