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Updated: May 13, 2025
I remember a cruel monied man in the country that would say: 'The devil take this usury, it keeps us from forfeitures of mortagages and bonds. The third and last is, that it is a vanity to conceive that there would be ordinary borrowing without profit; and it is impossible to conceive the number of inconveniences that would ensue if borrowing be cramped.
It was ordered in 1631: "That there bee a uniformitie throughout this colony both in substance and circumstance to the cannons and constitutions of the church of England as neere as may bee, and that every person yeald readie obedience unto them uppon penaltie of the paynes and forfeitures in that case appoynted." And, indeed, the pains and forfeitures threatened were savage enough.
It was resolved that on the Wednesday morning the question of the Irish forfeitures should again be taken into consideration, and that every member who was in town should be then in his place on peril of the highest displeasure of the House.
Conway at Park Place, where I saw the individual Mr. Cooper, a banker, and lord of the manor of Henley, who had those two extraordinary forfeitures from the executions of the Misses Blandy and Jefferies, two fields from the former, and a malthouse from the latter.
They were assured that, if they would do this, all His Lordship's great influence should be employed to obtain for them from the Crown a free pardon and a remission of all forfeitures. Glenlyon did his best to assume an air of unconcern.
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.
I recommend to Congress the revival and continuance for a further term of the beneficent accommodations to the public debtors of that statute, and submit to their consideration, in the same spirit of equity, the remission, under proper discriminations, of the forfeitures of partial payments on account of purchases of the public lands, so far as to allow of their application to other payments.
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.
The wisdom of Augustus, after curbing the freedom of revenge, applied to this domestic offence the animadversion of the laws; and the guilty parties, after the payment of heavy forfeitures and fines, were condemned to long or perpetual exile in two separate islands.
This was to make the Bench the instrument of the Prerogative. A judge acted on questions of property, without a jury, on information furnished by crown officers, and derived emoluments from his own award of forfeitures; and the governor would favor large seizures because he got one-third of the spoils.
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