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 and Guelders.
Garters, gold keys, white staves, rangerships, which had been considered as peculiarly belonging to the hereditary grandees of the realm, were now intercepted by aliens. Every English nobleman felt that his chance of obtaining a share of the favours of the Crown was seriously diminished by the competition of Bentincks and Keppels, Auverquerques and Zulesteins. But, though the riches and dignities heaped on the little knot of Dutch courtiers might disgust him, the recent proceedings of the Commons could not but disgust him still more. The authority, the respectability, the existence of his order were threatened with destruction. Not only,--such were the just complaints of the Peers,--not only are we to be deprived of that coordinate legislative power to which we are, by the constitution of the realm, entitled. We are not to be allowed even a suspensive veto. We are not to dare to remonstrate, to suggest an amendment, to offer a reason, to ask for an explanation. Whenever the other House has passed a bill to which it is known that we have strong objections, that bill is to be tacked to a bill of supply. If we alter it, we are told that we are attacking the most sacred privilege of the representatives of the people, and that we must either take the whole or reject the whole. If we reject the whole, public credit is shaken; the Royal Exchange is in confusion; the Bank stops payment; the army is disbanded; the fleet is in mutiny; the island is left, without one regiment, without one frigate, at the mercy of every enemy.
The danger of throwing out a bill of supply is doubtless great.
Yet it may on the whole be better that we should face that danger, once for all, than that we should consent to be, what we are fast becoming, a body of no more importance than the Convocation.
Animated by such feelings as these, a party in the Upper House was eager to take the earliest opportunity of making a stand. On the fourth of April, the second reading was moved. Near a hundred lords were present. Somers, whose serene wisdom and persuasive eloquence had seldom been more needed, was confined to his room by illness; and his place on the woolsack was supplied by the Earl of Bridgewater. Several orators, both Whig and Tory, objected to proceeding farther. But the chiefs of both parties thought it better to try the almost hopeless experiment of committing the bill and sending it back amended to the Commons.
The second reading was carried by seventy votes to twenty-three. It was remarked that both Portland and Albemarle voted in the majority.
In the Committee and on the third reading several amendments were proposed and carried. Wharton, the boldest and most active of the Whig peers, and the Lord Privy Seal Lonsdale, one of the most moderate and reasonable of the Tories, took the lead, and were strenuously supported by the Lord President Pembroke, and by the Archbishop of Canterbury, who seems on this occasion to have a little forgotten his habitual sobriety and caution. Two natural sons of Charles the Second, Richmond and Southampton, who had strong personal reasons for disliking resumption bills, were zealous on the same side. No peer, however, as far as can now be discovered, ventured to defend the way in which William had disposed of his Irish domains. The provisions which annulled the grants of those domains were left untouched. But the words of which the effect was to vest in the parliamentary trustees property which had never been forfeited to the King, and had never been given away by him, were altered; and the clauses by which estates and sums of money were, in defiance of constitutional principle and of immemorial practice, bestowed on persons who were favourites of the Commons, were so far modified as to be, in form, somewhat less exceptionable. The bill, improved by these changes, was sent down by two judges to the Lower House.
