The History of England, from the Accession of James the Second - Volume 5 by Thomas Babington Macaulay (i can read book club TXT) 📕

read by the clerk, it was resolved that a Resumption Bill should be brought in. It was then resolved, in opposition to the plainest principles of justice, that no petition from any person who might think himself aggrieved by this bill should ever be received. It was necessary to consider how the commissioners should be remunerated for their services; and this question was decided with impudent injustice. It was determined that the commissioners who had signed the report should receive a thousand pounds each. But a large party thought that the dissentient three deserved no recompense; and two of them were merely allowed what was thought sufficient to cover the expense of their journey to Ireland. This was nothing less than to give notice to every man who should ever be employed in any similar inquiry that, if he wished to be paid, he must report what would please the assembly which held the purse of the state. In truth the House was despotic, and was fast contracting the vices of a despot. It was proud of its antipathy to courtiers; and it was calling into existence a new set of courtiers who would study all its humours, who would flatter all its weaknesses, who would prophesy to it smooth things, and who would assuredly be, in no respect, less greedy, less faithless, or less abject than the sycophants who bow in the antechambers of kings.

Indeed the dissentient commissioners had worse evils to apprehend than that of being left unremunerated. One of them, Sir Richard Levinz, had mentioned in private to his friends some disrespectful expressions which had been used by one of his colleagues about the King. What he had mentioned in private was, not perhaps very discreetly, repeated by Montague in the House. The predominant party eagerly seized the opportunity of worrying both Montague and Levinz. A resolution implying a severe censure on Montague was carried. Levinz was brought to the bar and examined. The four were also in attendance. They protested that he had misrepresented them. Trenchard declared that he had always spoken of His Majesty as a subject ought to speak of an excellent sovereign, who had been deceived by evil counsellors, and who would be grateful to those who should bring the truth to his knowledge. He vehemently denied that he had called the grant to Lady Orkney villainous. It was a word that he never used, a word that never came out of the mouth of a gentleman. These assertions will be estimated at the proper value by those who are acquainted with Trenchard's pamphlets, pamphlets in which the shocking word villainous will without difficulty be found, and which are full of malignant reflections on William.20 But the House was determined not to believe Levinz. He was voted a calumniator, and sent to the Tower, as an example to all who should be tempted to speak truth which the Commons might not like to hear.

Meanwhile the bill had been brought in, and was proceeding easily. It provided that all the property which had belonged to the Crown at the time of the accession of James the Second, or which had been forfeited to the Crown since that time, should be vested in trustees. These trustees were named in the bill; and among them were the four commissioners who had signed the report. All the Irish grants of William were annulled. The legal rights of persons other than the grantees were saved. But of those rights the trustees were to be judges, and judges without appeal. A claimant who gave them the trouble of attending to him, and could not make out his case, was to be heavily fined. Rewards were offered to informers who should discover any property which was liable to confiscation, and which had not yet been confiscated. Though eight years had elapsed since an arm had been lifted up in the conquered island against the domination of the Englishry, the unhappy children of the soil, who had been suffered to live, submissive and obscure, on their hereditary fields, were threatened with a new and severe inquisition into old offences.

Objectionable as many parts of the bill undoubtedly were, nobody who knew the House of Commons believed it to be possible to carry any amendment. The King flattered himself that a motion for leaving at his disposal a third part of the forfeitures would be favourably received. There can be little doubt that a compromise would have been willingly accepted twelve months earlier. But the report had made all compromise impossible. William, however, was bent on trying the experiment; and Vernon consented to go on what he considered as a forlorn hope. He made his speech and his motion; but the reception which he met with was such that he did not venture to demand a division. This feeble attempt at obstruction only made the impetuous current chafe the more. Howe immediately moved two resolutions; one attributing the load of debts and taxes which lay on the nation to the Irish grants; the other censuring all who had been concerned in advising or passing those grants. Nobody was named; not because the majority was inclined to show any tenderness to the Whig ministers, but because some of the most objectionable grants had been sanctioned by the Board of Treasury when Godolphin and Seymour, who had great influence with the country party, sate at that board.

Howe's two resolutions were laid before the King by the Speaker, in whose train all the leaders of the opposition appeared at Kensington. Even Seymour, with characteristic effrontery, showed himself there as one of the chief authors of a vote which pronounced him guilty of a breach of duty. William's answer was that he had thought himself bound to reward out of the forfeited property those who had served him well, and especially those who had borne a principal part in the reduction of Ireland. The war, he said, had undoubtedly left behind it a heavy debt; and he should be glad to see that debt reduced by just and effectual means. This answer was but a bad one; and, in truth, it was hardly possible for him to return a good one. He had done what was indefensible; and, by attempting to defend himself, he made his case worse. It was not true that the Irish forfeitures, or one fifth part of them, had been granted to men who had distinguished themselves in the Irish war; and it was not judicious to hint that those forfeitures could not justly be applied to the discharge of the public debts. The Commons murmured, and not altogether without reason. "His Majesty tells us," they said, "that the debts fall to us and the forfeitures to him. We are to make good out of the purses of Englishmen what was spent upon the war; and he is to put into the purses of Dutchmen what was got by the war." When the House met again, Howe moved that whoever had advised the King to return such an answer was an enemy to His Majesty and the kingdom; and this resolution was carried with some slight modification.

To whatever criticism William's answer might be open, he had said one thing which well deserved the attention of the House. A small part of the forfeited property had been bestowed on men whose services to the state well deserved a much larger recompense; and that part could not be resumed without gross injustice and ingratitude. An estate of very moderate value had been given, with the title of Earl of Athlone, to Ginkell, whose skill and valour had brought the war in Ireland to a triumphant close. Another estate had been given, with the title of Earl of Galway, to Rouvigny, who, in the crisis of the decisive battle, at the very moment when Saint Ruth was waving his hat, and exclaiming that the English should be beaten back to Dublin, had, at the head of a gallant body of horse, struggled through the morass, turned the left wing of the Celtic army, and retrieved the day. But the predominant faction, drunk with insolence and animosity, made no distinction between courtiers who had been enriched by injudicious partiality and warriors who had been sparingly rewarded for great exploits achieved in defence of the liberties and the religion of our country. Athlone was a Dutchman; Galway was a Frenchman; and it did not become a good Englishman to say a word in favour of either.

Yet this was not the most flagrant injustice of which the Commons were guilty. According to the plainest principles of common law and of common sense, no man can forfeit any rights except those which he has. All the donations which William had made he had made subject to this limitation. But by this limitation the Commons were too angry and too rapacious to be bound. They determined to vest in the trustees of the forfeited lands an estate greater than had ever belonged to the forfeiting landholders. Thus innocent persons were violently deprived of property which was theirs by descent or by purchase, of property which had been strictly respected by the King and by his grantees. No immunity was granted even to men who had fought on the English side, even to men who had lined the walls of Londonderry and rushed on the Irish guns at Newton Butler.

In some cases the Commons showed indulgence; but their indulgence was not less unjustifiable, nor of less pernicious example, than their severity. The ancient rule, a rule which is still strictly maintained, and which cannot be relaxed without danger of boundless profusion and shameless jobbery, is that whatever the Parliament grants shall be granted to the Sovereign, and that no public bounty shall be bestowed on any private person except by the Sovereign.

The Lower House now, contemptuously disregarding both principles and precedents, took on itself to carve estates out of the forfeitures for persons whom it was inclined to favour. To the Duke of Ormond especially, who ranked among the Tories and was distinguished by his dislike of the foreigners, marked partiality was shown. Some of his friends, indeed, hoped that they should be able to insert in the bill a clause bestowing on him all the confiscated estates in the county of Tipperary. But they found that it would be prudent in them to content themselves with conferring on him a boon smaller in amount, but equally objectionable in principle. He had owed very large debts to persons who had forfeited to the Crown all that belonged to them. Those debts were therefore now due from him to the Crown. The House determined to make him a present of the whole, that very House which would not consent to leave a single acre to the general who had stormed Athlone, who had gained the battle of Aghrim, who had entered Galway in triumph, and who had received the submission of Limerick.

That a bill so violent, so unjust, and so unconstitutional would pass the Lords without considerable alteration was hardly to be expected. The ruling demagogues, therefore, resolved to join it with the bill which granted to the Crown a land tax of two shillings in the pound for the service of the next year, and thus to place the Upper House under the necessity of either passing both bills together without the change of a word, or rejecting both together, and leaving the public creditor unpaid and the nation defenceless.

There was great indignation among the Peers. They were not indeed more disposed than the Commons to approve of the manner in which the Irish forfeitures had been granted away; for the antipathy to the foreigners, strong as it was in the nation generally, was strongest in the highest ranks. Old barons were angry at seeing themselves preceded by new earls from Holland