FORE:But at length the Legislature adopted a measure which attempted to go to the root of one of the greatest evils that afflicted Ireland. This was a Bill for facilitating the transfer of encumbered estates, which was passed into law, and is generally known as the Encumbered Estates Act. It was introduced by the Solicitor-General, Sir Samuel Romilly, on the 26th of April. Nothing could be more unsatisfactory than the state of landed property in that country. Many of the estates had been in Chancery for a long series of years, under the management of receivers, and periodically let at rack-rents. Many others which were not in Chancery were so heavily mortgaged that the owners were merely nominal. Others again were so tied up by family settlements, or held by such defective titles, that they could not be transferred. Consequently, a great portion of the landed property of the country was in such a condition that capital could not be invested in it, or expended on it. The course of proceeding in Chancery was so slow, so expensive, so ruinous, and the court was so apparently incapable of reform, that nothing could be expected from that quarter. The Government, therefore, proposed to establish a commission, invested with all the powers of that court, and capable of exercising those powers in a summary manner, without delay and without expense, so that an encumbered estate could be at once sold, either wholly or in part, and a parliamentary title given, which should be good against all the world. This important measure met with general approval in both Houses. Indeed it was hailed with satisfaction by all classes of the community, with the exception of a portion of the Irish landed gentry. There were three commissioners appointed, lawyers of eminence and experience in connection with land. By a subsequent enactment in 1849, it was regulated as a permanent institution, under the title of the Landed Estates Court; the three commissioners were styled judges, ranking with the judges of the Law Courts. The number of petitions or applications for sale made to this court from the 17th of October, 1849, to the 1st of August, 1850, was 1,085, and of this number those by owners amounted to 177nearly one-sixth of the whole. The rental of the estates thus sought to be sold by the nominal proprietors, anxious to be relieved of their burdens, was 195,000 per annum, and the encumbrances affecting them amounted to no less than 3,260,000. The rental of the estates included in 1,085 applications, made by others not owners, amounted to 655,470 per annum, and the debt upon these amounted to the enormous sum of 12,400,348. One of the estates brought before the court had been in Chancery for seventy years, the original bill having been filed by Lord Mansfield in 1781. The estates were broken up into parcels for the convenience of purchasers, many of whom were the occupying tenants, and the great majority were Irishmen. Generally the properties brought their full value, estimated by the poor-law valuation, not by the rack rents which were set down in the agents' books, but never recovered. The amount of capital that lay dormant in Ireland, waiting for investment in land, may be inferred from the fact that in nine yearsfrom 1849 to 1858the sum of twenty-two millions sterling was paid for 2,380 estates. But in the pacification of Ireland the Act accomplished far less than was hoped by Sir Robert Peel, who practically forced the measure upon the Ministry. Men of capital looked for a fair percentage for their investments: many of them were merchants and solicitors, without any of the attachments that subsisted between the old race of landlords and their tenants, and they naturally dealt with land as they did with other mattersin a commercial spiritand evicted wholesale tenants who were unable to pay.But the fleet at Sheerness, which sympathised with that at Portsmouth, did not think fit to accept the terms which had satisfied the seamen of Portsmouth. They were incited by a sailor, named Richard Parker, to stand for fresh demands, which were not likely to meet with the sympathy of either sailors or landsmen, being of a political character and including a revision of the Articles of War. On the 20th of May, the ships at the Nore, and others belonging to the North Sea fleet, appointed delegates, and sent in their demands, in imitation of the Portsmouth men. The Admiralty flatly rejected their petition. On the 23rd of May the mutineers hoisted the red flag; and all the ships of war lying near Sheerness dropped down to the Nore. On the 29th, a committee from the Board of Admiralty went down to Sheerness, to try to bring them to reason, but failed. The mutineers then drew their ships in a line across the Thames, cutting off all traffic between the sea and London. On this, the Government proceeded to pull up the buoys at the mouth of the river, to erect batteries along the shores for firing red-hot balls; and a proclamation was issued declaring the fleet in a state of rebellion, and prohibiting all intercourse with it. This soon brought some of the mutineers to their senses. They knew that every class of people was against them. On the 4th of June, the king's birthday, a royal salute was fired from the whole fleet, as a token of loyalty; the red flag was pulled down on every ship but the Sandwich, on board of which was Parker, and all the gay flags usual on such occasions were displayed. Several of the ships now began to drop away from the rest, and put themselves under protection of the guns of Sheerness. On the 13th of June the crew of the Sandwich followed this example, and delivered up the great agitator, Richard Parker, who was tried, and hanged at the yard-arm of that ship on the 30th. Some others of the delegates were executed, and others imprisoned in the hulks; and thus terminated this mutiny, as disgraceful to the sailors as that at Portsmouth was reasonable and honourable.
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FORE:This signal and unexpected defeat seemed to rouse the Government to a fresh effort for victory over the triumphant bookseller. The Lord Chief Justice Ellenborough, who was not accustomed to let juries and the accused off so easily, rose from his sick bed, where he was fast drifting towards the close of his career. The defendant was called into court the next morning, the 19th of December. There sat Ellenborough, with a severe and determined air. Abbott sat by his side. Hone this time was charged with having published an impious and profane libel, called "The Litany, or General Supplication." The Attorney-General again asserted that, whatever might be the intention of the defendant, the publication had the effect of bringing into contempt the service of the Church. Hone opened his books to recommence the reading of parallel productions of a former day, or by persons high in esteem in the Church, but this was precisely what the invalid Lord Chief Justice had left his bed to prevent. The judge told him all that was beside the mark, but Hone would not allow that it was so, opened his books, and read on in spite of all attempts to stop him. Never had Ellenborough, not even in his strongest and best days, been so stoutly encountered; scarcely ever had such a scene been witnessed in the memory of man. The spectators showed an intense interest in the combat, for such it was, and it was evident that the general sympathy went with the accused, who put forth such extraordinary and unlooked-for power. The exhausted Chief Justice was compelled to give way, and Hone went on reading one parody after another, and dwelt especially on the parodies of the Litany which the Cavaliers wrote to ridicule the Puritan Roundheads. When he had done, the Lord Chief Justice addressed the jury in a strain of strong direction to find a verdict for the Crown. He said "he would deliver the jury his solemn opinion, as he was required by the Act of Parliament to do; and under the authority of that Act, and still more in obedience to his conscience and his God, he pronounced this to be a most impious and profane libel. Believing and hoping that they, the jury, were Christians, he had no doubt but they would be of the same opinion." This time the solemn and severe energy of the Lord Chief Justice seemed to have made an impression on part of the jury, for they took an hour and a half to determine their verdict, but they again returned one of Not Guilty.
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FORE:No sooner, therefore, had the Parliament closed and the king set out to Hanover, than Ministers sent off William Stanhope to Madrid to procure a treaty of peace without any mention of Gibraltar. On arriving at Madrid he found that the Court had removed to Seville, in Andalusia. This had been done by the influence of the queen, in order to draw Philip from the Council of Castile, which was doing all it could to prevail on him again to abdicate. Stanhope followed the Court to Seville, and laboured with such effect that he obtained the signing of a treaty of defensive alliance between England, Spain, and France, to which Holland afterwards acceded (November 9, 1729). By this treaty Spain revoked all the privileges granted to Austria by the treaties of Vienna, and re-established the British trade with her American colonies on its former footing, restored all captures, and made compensation for losses. The Assiento was confirmed to the South Sea Company. Commissioners were appointed to adjust all claims of Spaniards for ships taken in 1718, and to settle the limits of the American trade. The succession of Don Carlos to Parma and Tuscany was recognised, with the right to garrison the ports of Leghorn, Porto Ferrajo, Parma, and Placentia with six thousand Spanish troops. Not a word was said of Gibraltara silence amounting to a renunciation of its demand by Spain; and that Philip regarded it as such was evidenced by his[60] beginning to construct the strong lines of San Roque, and thus to cut off all communication with the obnoxious fortress by land.From the Picture by Robert Hillingford.
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