irst in the affair of
Wood's patent.
There can be no question that James, in thus altering, by his own
authority, the terms of all the contracts in the kingdom, assumed a
power which belonged only to the whole legislature. Yet the Commons did
not remonstrate. There was no power, however unconstitutional, which
they were not willing to concede to him, as long as he used it to crush
and plunder the English population. On the other hand, they respected no
prerogative, however ancient, however legitimate, however salutary, if
they apprehended that he might use it to protect the race which they
abhorred. They were not satisfied till they had extorted his reluctant
consent to a portentous law, a law without a parallel in the history of
civilised countries, the great Act of Attainder.
A list was framed containing between two and three thousand names. At
the top was half the peerage of Ireland. Then came baronets, knights,
clergymen, squires, merchants, yeomen, artisans, women, children.
No investigation was made. Any member who wished to rid himself of a
creditor, a rival, a private enemy, gave in the name to the clerk at the
table, and it was generally inserted without discussion. The only
debate of which any account has come down to us related to the Earl of
Strafford. He had friends in the House who ventured to offer something
in his favour. But a few words from Simon Luttrell settled the question.
"I have," he said, "heard the King say some hard things of that lord."
This was thought sufficient, and the name of Strafford stands fifth in
the long table of the proscribed, [229]
Days were fixed before which those whose names were on the list
were required to surrender themselves to such justice as was then
administered to English Protestants in Dublin. If a proscribed person
was in Ireland, he must surrender himself by the tenth of August. If
he had left Ireland since the fifth of November 1688, he must surrender
himself by the first of September. If he had left Ireland before the
fifth of November 1688, he must surrender himself by the first of
October. If he failed to appear by the appointed day, he was to be
hanged, drawn, and quartered without a trial, and his property was to
be confiscated. It might be physically impossible for him to deliver
himself up within the time fixed by the Act. He might be bedridden.
He might be in the West Indies. He might be in prison. Indeed there
notoriously were such cases. Among the
|