The History of England, from the Accession of James II — Volume 5 — John Shaqi
The History of England, from the Accession of James II — Volume 5Macaulay, Thomas Babington Macaulay, Baron
History
The History of England, from the Accession of James II — Volume 5
Macaulay, Thomas Babington Macaulay, Baron
Great Britain -- History -- James II, 1685-1688; Great Britain -- History -- William and Mary, 1689-1702
On the seventh of February 1698, this subject, destined to irritate
the public mind at intervals during many years, was brought under the
consideration of the House of Commons. The opposition asked leave to
bring in a bill vacating all grants of Crown property which had been
made since the Revolution. The ministers were in a great strait; the
public feeling was strong; a general election was approaching; it was
dangerous and it would probably be vain to encounter the prevailing
sentiment directly. But the shock which could not be resisted might be
eluded. The ministry accordingly professed to find no fault with the
proposed bill, except that it did not go far enough, and moved for leave
to bring in two more bills, one for annulling the grants of James the
Second, the other for annulling the grants of Charles the Second. The
Tories were caught in their own snare. For most of the grants of Charles
and James had been made to Tories; and a resumption of those grants
would have reduced some of the chiefs of the Tory party to poverty. Yet
it was impossible to draw a distinction between the grants of William
and those of his two predecessors. Nobody could pretend that the law
had been altered since his accession. If, therefore, the grants of the
Stuarts were legal, so were his; if his grants were illegal, so were
the grants of his uncles. And, if both his grants and the grants of his
uncles were illegal, it was absurd to say that the mere lapse of time
made a difference. For not only was it part of the alphabet of the law
that there was no prescription against the Crown, but the thirty-eight
years which had elapsed since the Restoration would not have sufficed
to bar a writ of right brought by a private demandant against a wrongful
tenant. Nor could it be pretended that William had bestowed his favours
less judiciously than Charles and James. Those who were least friendly
to the Dutch would hardly venture to say that Portland, Zulestein and
Ginkell was less deserving of the royal bounty than the Duchess of
Cleveland and the Duchess of Portsmouth, than the progeny of Nell Gwynn,
than the apostate Arlington or the butcher Jeffreys. The opposition,
therefore, sullenly assented to what the ministry proposed. From that
moment the scheme was doomed. Everybody affected to be for it; and
everybody was really against it. The three bills were brought in
together, read a second time together, ordered to be committed together,
and were then, first mutilated, and at length quietly dropped.
Public-domain text, read in full here on John Shaqi.
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