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<DATE>2009-07-12</DATE>
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<NAME>Scott Lepisto</NAME>
<RESP>MURP</RESP>
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<DIV1 TYPE="letter">
<PB N="1" REF="1" MS="y">
<HEAD>A LETTER <HI>to a Friend concerning the</HI> BILL <HI>for Re&s;uming the Forfeited E&s;tates in</HI> Ireland.</HEAD>
<OPENER><SALUTE>SIR,</SALUTE></OPENER>
<P>THOUGH I was always of your Opinion, and thought our <HI>Con&s;titu|tion</HI> happily Temper'd, both to pre&s;erve it &s;elf, and promote the Hap|pine&s;s of the Community; yet, did I never look &s;o nearly into the Advantages of the <HI>Ari&s;tocratical</HI> Part of our Politie, and the Power which the <HI>Lords</HI> have in the Legi&s;lature, as lately, &s;ince the Debates have happen'd about Re&s;uming the Kin'gs Grants: To any con&s;idering Per&s;on it mu&s;t &s;eem a mighty Security to us, That a <HI>Bill,</HI> after it has had the A&s;&s;ent of the <HI>Delegates</HI> of the <HI>People,</HI> nece&s;&s;arily requires the Concurrence of the Lords, before it can have have the Sanction of a <HI>Law.</HI> They have an Oppottunity, upon a more mature Deli|beration, of weighing the Arguments on both &s;ides; of con&s;idering what <HI>Affections</HI> promoted it; and di&s;covering whether it be Profitable and Ju&s;t, and ought to pa&s;s into a Law or no. In &s;uch Deliberations their Lord&s;hips are always &s;way'd by Principles of Honour; and, not owing the Part they have in making Laws to Popular Elections, are not under the hard Nece&s;&s;ity of Gratifying any greedy, or unrea&s;onable De&s;ires of any part of the People. To humour any Party, or Faction, they are not con&s;train'd to violate Publick Ju&s;tice, to abandon the King's, or their own Right, and to break that Ballance which they have always kept in our State. Perhaps, when they &s;eriou&s;ly con&s;ider the Matter, they may find, that they have not often had more Rea&s;on for Exerting their Power, than in the Bill they are now po&s;&s;e&s;s'd of. Since you de&s;ire it, I will give you my Thoughts, what 'tis they ju&s;tly may, what probably they will do; I mu&s;t in &s;hort a&s;&s;ure you, That when I con&s;ider, how tender they are of their Reputation, how glorious they reckon it, to act Con&s;onantly to them&s;elves, and to &s;tick to the Principles of Ju&s;tice and Honour which determin'd them before, my Opinion is, they cannot get over the Difficulties of this Bill. The Rea&s;ons you &s;hall be Judge of.</P>
<P>You may remember, that on the la&s;t day of <HI>December,</HI> 1690, an Engro&s;s'd Bill, <HI>For Confi&s;cating the Lands of the Rebels in</HI> Ireland, <HI>and applying them to the u&s;e of the War,</HI> was &s;ent from the <HI>Commons</HI> to the <HI>Lords</HI> Hou&s;e. <HI>January</HI> the 5th. His Ma|je&s;ty, at the Adjournment of the Parliament, told both Hou&s;es, <HI>That he would not make any Grant of the Forfeited Lands, till there was another Opportunity of &s;ettling that Matter in Parliament.</HI> After the Adjournment the <HI>Lords</HI> met again on the <HI>31&s;t.</HI> day of <HI>March,</HI> at which time the Engro&s;s'd Bill lay before them. They had then an <HI>Opportunity</HI> (if I under&s;tand what that word &s;ignifies) of pa&s;&s;ing the Bill, and &s;ettling that Matter. Had they done it, and His Maje&s;ty had refus'd his Roy|al A&s;&s;ent, there had been &s;ome &s;hew of Rea&s;on for Peoples making a Noi&s;e about his Promi&s;e; as things &s;tand now there's none. Their Lord&s;hips let that <HI>Bill</HI> fall, as they did another the year following, and the Commons did &s;everal others. Their Rea&s;ons are Manife&s;t: They would not di&s;po&s;e of tho&s;e Forfeitures, be|cau&s;e 'twas His &s;ole and undoubted Right by his Prerogative, (which is the Com|mon Law of the Land) to grant them away as he pleas'd. Be&s;ides the Matter of Ju&s;tice, they were of Opinion, That it would be more our Intere&s;t, to let the World &s;ee that we Honour'd the King, and would give him his Due, than to em|ploy tho&s;e Lands to the u&s;e of the War. I dare not in this Matter Arraign their Judgment, or &s;ay 'twas contrary to Ju&s;tice, or the Publick Good. I know Money is very valuable, e&s;pecially when we want it, as we did at that time: But perhaps (as their Lord&s;hips thought) we purcha&s;e it too dear, when to obtain it, we break through the &s;ettled and ancient Rules of our Con&s;titution; Invade the King's Right; and place a particular Mark of Unkindne&s;s on Him. 'Tis plain to any thinking Per&s;on, without making any Enquiries, that they let that Bill fall, becau&s;e they thought it Unju&s;t: Otherwi&s;e it can't well be deny'd that they were unkind to their poor Country, ingag'd at that time in a long and expen&s;ive War,
<PB N="2" REF="2">in depriving it of the great Summ that was propos'd to be rais'd out of tho&s;e For|feitures. If to &s;tave off this Imputation any one will &s;ay, that for the good of their Country they let them lye, till they &s;hou'd be granted away, Improv'd, and made much more Valuable. This would be the highe&s;t Affront, for 'tis what never could enter into the Thoughts of Men of their Lord&s;hips nice Honour. If then they let that <HI>Bill</HI> fall, becau&s;e they thought it Unju&s;t, they can't well pa&s;s this which has infinitely greater Hard&s;hips in it. What then would be &s;training at a Gnat (if the <HI>Bills</HI> be compar'd in all their Circum&s;tances) will be &s;wallowing a Camel now. They gave up a <HI>Bill</HI> which left a third Part to the Di&s;po&s;al of the King, becau&s;e they thought the whole was his Due; this deprives Him of the whole. We had then a War with a great and powerful Enemy, which we had rea&s;on to fear, would be long and Chargeable, now by His Ma&s;te&s;ty's Conduct we enjoy Plenty and Peace. Then the Matter had been Amicably Accommodated between the King and his Parliament, without any Symptoms of Affront and Unkindne&s;s to His Maje&s;ty; now the Rancor of His wor&s;t Enemies at Home, and the De&s;ires of their Friends Abroad are gratified. Then the Injury which they boggl'd at, reach'd only to the King; the pre&s;ent Bill does not only Affect Him much more Sen&s;ibly, but it Wounds our Con&s;titution, and hurts Men of all Orders and Degrees.</P>
<P>His Ma;e&s;ty's part in it is very extraordinary: He &s;ees (notwith&s;tanning what a late Author has ir&s;inuated to the contrary) what no Engli&s;h Monarch ever did, all His Grants refum'd, without any Saving for His <HI>Prerogative.</HI> If the Lords will not interpo&s;e, but He be forc'd to pa&s;s the Bill, (for con&s;idering Circum&s;tances, &s;o I mu&s;t expre&s;s it) He mu&s;t give His A&s;&s;ent to a <HI>Bill,</HI> which de&s;troys the Ar|ticles of <HI>Waterford,</HI> Sign'd with His own Hand: He mu&s;t give up His Prerogative, which at His Coronation He Swore to Maintain: He mu&s;t Proclaim to His Sub|jects, That 'twill be madne&s;s in them, whenever Troubles or Rebellions happen, to regard their Countrey, or take up Arms for Him who has it not in His Power to Reward; a thing of dangerous and ill Con&s;equence to Him and His Kingdoms: He mu&s;t take away the Rewards of Loyalty and good Services He has given; and con&s;ent to the Ruin of Multitudes, for who&s;e Pre&s;ervation He has hazarded His Blood.</P>
<P>If a Bill which bears thus hard upon His Maje&s;ty, can be &s;aid to be truly Cal|culated for the common Good, yet we can't avoid entertaining another Opinion of it, if it &s;eem to affect our Polity. We generally glory in our Con&s;titution, and think that we have all the Advantages of Democracy, Ari&s;tocracy, and Monarchi|cal Government, without the Defects or Exorbitancies of either, becau&s;e nothing can pa&s;s into a Law, till it has been duly examin'd by the King, Lords, and Re|pre&s;entatives of the People. This is generally reckon'd the happy Temperament of our <HI>Con&s;titution:</HI> But what becomes of it, if the Delegates of the Commons, to a Bill, which can only have its Ri&s;e in their Hou&s;e, can tack Foreign Clau&s;es which it &s;hall not be in the Power of the <HI>Lords</HI> to Examine? If this be the Right and Pri|viledge of the <HI>Commons,</HI> they may with that con&s;olidate all other Bills, and &s;o take the whole Legi&s;lature into their own Hands.</P>
<P>Be&s;ides the&s;e great Inconveniencies, the Lords will find that great Multitudes are griev'd in this Bill, who could not be touch'd in that which they formerly let fall. They, who by the King's Grace and Favour, enjoy tho&s;e Forfeited E&s;tates, are Legally &s;eiz'd of them: For it mu&s;t be own'd that a Grant made by His Maje&s;ty, whether of Crown Lands, or Forfeitures, makes a good and legal Title. This is the Title by which many of the Lords hod their E&s;tates; 'tis what admits of no Controver&s;ie in our Laws; 'tis what the Lords allow'd when they let the Bills dye in their Hou&s;e, and gave up the Forfeitures to His Maje&s;ty. 'Tis likewi&s;e to be con&s;ider'd, That as His Maje&s;ty, by Fighting our Battles, and hazarding His Life, acquir'd a better Title to give, than generally our Kings have done, &s;o the genera|lity of the Grantees made their Titles &s;tronger in Equity, by their great Services. To re&s;ume therefore from them, will be more than barely taking away what Men are legally po&s;&s;e&s;s'd of. This Bill does not &s;ave any one great Man; (I mean, of the Prote&s;tant Communion;) None of His Maje&s;ty's neare&s;t Friends who ought to be con&s;ider'd, if not for their own Merit, yet for His Sake: Not that Noble Fo|reigner
<PB N="3" REF="2" MS="y">who Commanded our Army, and put an end to the War in <HI>Ireland;</HI> tho' the <HI>Commons</HI> care&s;&s;ed Him for His Services: Nor another who had a good part in that Succe&s;sful Expedition, though his Grant is Charitably employ'd in Support|ing his poor Per&s;ecuted Countrymen: Nor another Noble Per&s;on of our own Country, who ventur'd hard, and Travel'd far to procure the Happine&s;s we enjoy; though his good Services were confider'd in two former Bills, yet is he not regard|ed in this. The Lords, who derive their Honour from our Kings, and many of their E&s;tates from their Grants, are the mo&s;t competent Judges of the&s;e Hard&s;hips; and can very well &s;ee of what ill Con&s;equence 'twill be to their own Order, to pa&s;s this Bill, and de&s;troy that Perogative of the Crown, which is the Source and Fountain of their Grandeur.</P>
<P>Another great Hard&s;hip of the Bill is, That it de&s;troys that Right which Pur|cha&s;ers have in tho&s;e Lands, and deprives them of the Money they laid out. If they purchas'd under a Title that is good in our Law, they are legally Seiz'd; if &s;o, the Lords will Judge whether it be a Hard&s;hip or no, to turn Men out of their Freeholds. They who are for the Bill, &s;ay, they purchas'd a bad Title. The Title had been good enough, if it had been left to &s;tand upon its own Bottom: If it be invalidated afterwards by an Act of Parliament, that is not the Fault of the Title, nor of tho&s;e who purcha&s;s'd it. In prejudice of the Title, they &s;ay, the Hou&s;e of <HI>Commons</HI> Addre&s;s'd the King, and pray'd he would not di&s;po&s;e of the Forfeitures. If the King had a Right to them by Law, that Addre&s;s (if there had been &s;uch an Addre&s;s, as there never was) could make no Alteration in the Title, for an Addre&s;s of the Hou&s;e of <HI>Commons</HI> cannot alter the Law of <HI>England.</HI> To &s;trengthen their Argument, they urge the King's Promi&s;e. What did he Promi&s;e? That he would never di&s;po&s;e of the Forfeitures? If Men are enclin'd to overlook that Re&s;pect which is due to Maje&s;ty, and tax the King with breach of Promi&s;e, yet they ought to con&s;ider what a Reproach 'tis to them&s;elves to mi&s;take the Sen&s;e of very plain Engli&s;h. They who con&s;ider His Maje&s;ty's Words, will &s;ee that the Lords (to &s;ay nothing of what the Commons did them&s;elves) Cancell'd all the Obligations of his Promi&s;e: And the Purcha&s;ers, who took all their Encouragement from the Lords, thought what their Lord&s;hips did, was of as great Force to Strengthen, as the <HI>Commons</HI> Addre&s;s was to make void a &s;ettled and undoubted Right.</P>
<P>Be&s;ides the&s;e Purcha&s;ers, there are others who&s;e Ca&s;es, I'm told, are very deplo|rable. They who knew the State of <HI>Ireland</HI> at that time, &s;ay, That in the late Troubles the Prote&s;tants every where in the Country were Plunder'd by the Iri&s;h, and driven out of their Habitations. After the Reduction of that Kingdom, the Engli&s;h, who&s;e Cattle and Goods had been generally taken away, and in many places, their Hou&s;es burnt, not being able to hold their former Lea&s;es, were, very generally &s;peaking, de&s;titute of Settlement, and Habitation. To many of them Lea&s;es were made by the King, whil&s;t the Lands were in his Hands. Afterwards His Maje&s;ty's Grantees made it a Rule to encourage them. This was occa&s;ion'd by an unlucky, and (as it appears) wrong Notion conceiv'd by them, that it would promote the Engli&s;h and Prote&s;tant Intere&s;t in that Kingdom, to encourage Prote|&s;tant Tenants. This Bill deprives all the&s;e of the Fruits of their Labour for many Years: It makes void their Lea&s;es without any Con&s;ideration for their Improve|ments, which have rais'd the Value of the Lands; it turns them out of their Habi|tations, and (as I am inform'd by tho&s;e who under&s;tand the Genius of the Coun|try) in effect puts them into the Hands of the Iri&s;h, who will certainly bid mo&s;t for them. Were the Bill free from the heavy Clogs 'tis loaded with, could no other Objection be made again&s;t it, than this one great and general Calamity that it brings (as I'm very well inform'd) on many thou&s;and Prote&s;tant Families, this alone were enough to terrifie the Lords from pa&s;&s;ing it. They who would not &s;eize the Forfeitures, when the King only had a Property in them, becau&s;e they would not invade his Right, will hardly think it rea&s;onable, after Nine Years time, when People are &s;ettled in their Habitations, to turn them out, and re&s;ume their Improvements, and the Sweat of their Brows, to defray the Charge of the War.</P>
<PB N="4" REF="3" MS="y">
<P>The&s;e Hard&s;hips are generally allow'd, but 'tis &s;aid, that they now are only to be Bewail'd, not Remedy'd. The Lords, they &s;ay, Mu&s;t make no Alterations, becau&s;e 'tis a Money Bill: 'Tis pity it &s;hould be &s;o. I always thought a Money Bill, which was priviledg'd from the In&s;pection of the Lords, was that in which the <HI>Commons</HI> rais'd Money by a fair and equal Tax on the People, who&s;e Repre|&s;entatives they are. If Men's E&s;tates were &s;eiz'd in gro&s;s, I imagin'd that ought to be reckon'd a Penalty or Mulct rather than a Tax laid on them by their Repre&s;entatives; Be&s;ides, I don't remember that any Money has ever been paid upon &s;uch a <HI>Bill</HI> in <HI>Ireland.</HI> To Con&s;olidate Clau&s;es, how Heterogeneous &s;oever, with a Money-Bill, and call them part of it, is a very ready way to lodge the whole Legi&s;lature in the Commons; but 'tis a great Soleci&s;m in Speech, and a Contradiction in our Con&s;titution. What will not pa&s;s currently hereafter in a Money-Bill, if the Clau&s;e which &s;trikes at &s;everal Men of Knowledge and Integrity, and renders Members of Parliament incapable of being Commi&s;&s;ioners of the Exci&s;e, be now Adopted into that Family? This is not only foreign to the Bill, but of mo&s;t dangerous con&s;equence to the Commonwealth. That, we know, which &s;ecures the Peace and Happine&s;s of our Community, is, the mu|tual Confidence which the King and his People have in each other. To Enact therefore a publick Di&s;tru&s;t, to tell the People &s;o Solemnly, that worthy Men, whom they have Cho&s;en for their Repre&s;entatives, are not to be Tru&s;ted in the King's Service, is, to create in People Jealou&s;ies and Su&s;picions of the King, and to hazard the Safety of the publick.</P>
<P>I have, <HI>Sir,</HI> tir'd you with a longer Letter than I de&s;ign'd, I now &s;hall only de&s;ire you to Reflect upon what the Lords did formerly, and then con&s;ider, whe-'tis po&s;&s;ible they &s;hould pa&s;s this Bill; A Bill which bears &s;o hard upon the King; Which cramps the Power of the Lords, and con&s;equently affects the <HI>Con&s;titution</HI> of <HI>England;</HI> Which Deprives Grantees and Purcha&s;ers of the Freeholds they are legally po&s;&s;e&s;&s;ed of; and Turns others out of their Habitations and Improvements; Which De&s;troys many other Legal Titles; Which &s;ets up a &s;evere <HI>Inqui&s;ition</HI> in <HI>Ireland;</HI> and Ve&s;ts a Power in the <HI>Inqui&s;itors</HI> too great to be given to any of the <HI>Sons of Men.</HI></P>
<P>Notwith&s;tanding the&s;e Severities, 'tis &s;aid, That the Lords mu&s;t pa&s;s the Bill, becau&s;e the Nece&s;&s;ity of our Affairs requires it. I can't &s;ee what pre&s;&s;ing Nece&s;|&s;ity there is for us to do what we think Hard, and &s;eem to Condemn. The Eng|li&s;h Land-Tax Bill may &s;oon be recover'd: The Purcha&s;e Money of the Iri&s;h For|feitures requires a con&s;iderable time to have it brought into the <HI>Exchequer.</HI> If Money mu&s;t be rais'd on tho&s;e Lands, it may be done without Re&s;uming His Maje&s;ty's Grants, without Seizing the Freeholds of Grantees and Purcha&s;ers, or the Labours of others; and that with greater Expedition, and infinitely more to the Satisfaction of the People of <HI>England,</HI> than 'twill be now: For if this Bill pa&s;s you will &s;ee &s;uch Calamities follow it, as will Grieve all the merciful and tender-hearted People of <HI>England;</HI> but the Advantages which you expect by it you will never &s;ee.</P>
<P>I forgot to tell you that His Maje&s;ty, after the Lords let the fir&s;t <HI>Bill</HI> fall, and Ab&s;olv'd Him from His Promi&s;e, &s;taid almo&s;t Three Years before He made any one Grant.</P>
<P>I ask your Pardon for the trouble of &s;o long a Letter.</P>
<CLOSER><SIGNED><HI>I am, Your very humble Servant,</HI> R. E.</SIGNED></CLOSER>
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<P><HI>LONDON,</HI> Printed for the Author, 1700.</P>
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