The Great Speeches and Orations of Daniel Webster: With an Essay on Daniel Webster as a Master of English StyleWebster, Daniel
History
The Great Speeches and Orations of Daniel Webster: With an Essay on Daniel Webster as a Master of English Style
Webster, Daniel
Speeches, addresses, etc., American; United States -- Politics and government -- 1815-1861; Webster, Daniel, 1782-1852
nation as well as the university," says Bishop Burnet,[48] "looked on
all these proceedings with just indignation. It was thought an open
piece of robbery and burglary when men, authorized by no legal
commission, came and forcibly turned men out of their possession and
freehold." Mr. Hume, although a man of different temper, and of other
sentiments, in some respects, than Dr. Burnet, speaks of this arbitrary
attempt of prerogative in terms not less decisive. "The president, and
all the fellows," says he, "except two, who complied, were expelled the
college, and Parker was put in possession of the office. This act of
violence, of all those which were committed during the reign of James,
is perhaps the most illegal and arbitrary. When the dispensing power was
the most strenuously insisted on by court lawyers, it had still been
allowed that the statutes which regard private property could not
legally be infringed by that prerogative. Yet, in this instance, it
appeared that even these were not now secure from invasion. The
privileges of a college are attacked; men are illegally dispossessed of
their property for adhering to their duty, to their oaths, and to their
religion."
This measure King James lived to repent, after repentance was too late.
When the charter of London was restored, and other measures of violence
were retracted, to avert the impending revolution, the expelled
president and fellows of Magdalen College were permitted to resume their
rights. It is evident that this was regarded as an arbitrary
interference with private property. Yet private property was no
otherwise attacked than as a person was appointed to administer and
enjoy the revenues of a college in a manner and by persons not
authorized by the constitution of the college. A majority of the members
of the corporation would not comply with the king's wishes. A minority
would. The object was therefore to make this minority a majority. To
this end the king's commissioners were directed to interfere in the
case, and they united with the two complying fellows, and expelled the
rest; and thus effected a change in the government of the college. The
language in which Mr. Hume and all other writers speak of this abortive
attempt of oppression, shows that colleges were esteemed to be, as they
truly are, private corporations, and the property and privileges which
belong to them _private_ property and _private_ privileges. Court
lawyers were found to justify the king in dispensing with the laws; that
is, in assuming and exercising a legislative authority. But no lawyer,
not even a court lawyer, in the reign of King James the Second, as far
as appears, was found to say that, even by this high authority, he could
infringe the franchises of the fellows of a college, and take away their
livings. Mr. Hume gives the reason; it is, that such franchises were
regarded, in a most emphatic sense, as _private property_.[49]
Public-domain text, read in full here on John Shaqi.
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