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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A83975 A letter to a friend concerning the bill for resuming the forfeited estates in Ireland. R. E. 1700 (1700) Wing E29; ESTC R171891 5,877 4

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A LETTER to a Friend concerning the BILL for Resuming the Forfeited Estates in Ireland SIR THOUGH I was always of your Opinion and thought our Constitution happily Temper'd both to preserve it self and promote the Happiness of the Community yet did I never look so nearly into the Advantages of the Aristocratical Part of our Politie and the Power which the Lords have in the Legislature as lately since the Debates have happen'd about Resuming the Kin'gs Grants To any considering Person it must seem a mighty Security to us That a Bill after it has had the Assent of the Delegates of the People necessarily requires the Concurrence of the Lords before it can have have the Sanction of a Law They have an Oppottunity upon a more mature Deliberation of weighing the Arguments on both sides of considering what Affections promoted it and discovering whether it be Profitable and Just and ought to pass into a Law or no. In such Deliberations their Lordships are always sway'd by Principles of Honour and not owing the Part they have in making Laws to Popular Elections are not under the hard Necessity of Gratifying any greedy or unreasonable Desires of any part of the People To humour any Party or Faction they are not constrain'd to violate Publick Justice 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 seriously consider the Matter they may find that they have not often had more Reason for Exerting their Power than in the Bill they are now possess'd of Since you desire it I will give you my Thoughts what 't is they justly may what probably they will do I must in short assure you That when I consider how tender they are of their Reputation how glorious they reckon it to act Consonantly to themselves and to stick to the Principles of Justice and Honour which determin'd them before my Opinion is they cannot get over the Difficulties of this Bill The Reasons you shall be Judge of You may remember that on the last day of December 1690 an Engross'd Bill For Confiscating the Lands of the Rebels in Ireland and applying them to the use of the War was sent from the Commons to the Lords House January the 5th His Majesty at the Adjournment of the Parliament told both Houses That he would not make any Grant of the Forfeited Lands till there was another Opportunity of settling that Matter in Parliament After the Adjournment the Lords met again on the 31st day of March at which time the Engross'd Bill lay before them They had then an Opportunity if I understand what that word signifies of passing the Bill and settling that Matter Had they done it and His Majesty had refus'd his Royal Assent there had been some shew of Reason for Peoples making a Noise about his Promise as things stand now there 's none Their Lordships let that Bill fall as they did another the year following and the Commons did several others Their Reasons are Manifest They would not dispose of those Forfeitures because 't was His sole and undoubted Right by his Prerogative which is the Common Law of the Land to grant them away as he pleas'd Besides the Matter of Justice they were of Opinion That it would be more our Interest to let the World see that we Honour'd the King and would give him his Due than to employ those Lands to the use of the War I dare not in this Matter Arraign their Judgment or say 't was contrary to Justice or the Publick Good I know Money is very valuable especially when we want it as we did at that time But perhaps as their Lordships thought we purchase it too dear when to obtain it we break through the settled and ancient Rules of our Constitution Invade the King 's Right and place a particular Mark of Unkindness on Him 'T is plain to any thinking Person without making any Enquiries that they let that Bill fall because they thought it Unjust Otherwise it can't well be deny'd that they were unkind to their poor Country ingag'd at that time in a long and expensive War in depriving it of the great Summ that was propos'd to be rais'd out of those Forfeitures If to stave off this Imputation any one will say that for the good of their Country they let them lye till they shou'd be granted away Improv'd and made much more Valuable This would be the highest Affront for 't is what never could enter into the Thoughts of Men of their Lordships nice Honour If then they let that Bill fall because they thought it Unjust they can't well pass this which has infinitely greater Hardships in it What then would be straining at a Gnat if the Bills be compar'd in all their Circumstances will be swallowing a Camel now They gave up a Bill which left a third Part to the Disposal of the King because 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 reason to fear would be long and Chargeable now by His Mastesty'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 Unkindness to His Majesty now the Rancor of His worst Enemies at Home and the Desires of their Friends Abroad are gratified Then the Injury which they boggl'd at reach'd only to the King the present Bill does not only Affect Him much more Sensibly but it Wounds our Constitution and hurts Men of all Orders and Degrees His Ma esty's part in it is very extraordinary He sees notwithstanning what a late Author has irsinuated to the contrary what no English Monarch ever did all His Grants refum'd without any Saving for His Prerogative If the Lords will not interpose but He be forc'd to pass the Bill for considering Circumstances so I must express it He must give His Assent to a Bill which destroys the Articles of Waterford Sign'd with His own Hand He must give up His Prerogative which at His Coronation He Swore to Maintain He must Proclaim to His Subjects That 't will be madness 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 Consequence to Him and His Kingdoms He must take away the Rewards of Loyalty and good Services He has given and consent to the Ruin of Multitudes for whose Preservation He has hazarded His Blood If a Bill which bears thus hard upon His Majesty can be said to be truly Calculated for the common Good yet we can't avoid entertaining another Opinion of it if it seem to affect our Polity We generally glory in our Constitution and think that we have all the Advantages of Democracy Aristocracy and Monarchical Government without the Defects or Exorbitancies of either because