crown had been more lavish and unscrupulous than at
any former period in granting away its lands and estates
to favorites. And no one had been so largely
enriched by its prodigality as the most grasping of
William’s Dutch followers, Bentinck, the founder
of the English house of Portland. Among the estates
which he had obtained from his royal master’s
favor was one which went by the name of the Honor of
Penrith. Subsequent administrations had augmented
the dignities and importance of his family. Their
Earldom had been exchanged for a Dukedom; but the
existing Duke was an opponent of the present ministry,
who, to punish him, suggested to Sir James Lowther,
a baronet of ancient family, and of large property
in the North of England, the idea of applying to the
crown for a grant of the forest of Inglewood, and of
the manor of Carlisle, which hitherto had been held
by Portland as belonging to the Honor of Penrith,
but which, not having been expressly mentioned in the
original grant by William III., it was now said had
been regarded as included in the honor only by mistake.
It was not denied that Portland had enjoyed the ownership
of these lands for upward of seventy years without
dispute; and, had the statute of James been one of
continual operation, it would have been impossible
to deprive him of them. But, as matters stood,
the Lords of the Treasury willingly listened to the
application of Sir James Lowther; they even refused
permission to the Duke to examine the original deed
and the other documents in the office of the surveyor,
on which he professed to rely for the establishment
of his right; and they granted to Sir James the lands
he prayed for at a rent which could only be regarded
as nominal. The injustice of the proceeding was
so flagrant, that in the beginning of 1768 Sir George
Savile brought in a bill to prevent any repetition
of such an act by making the statute of James I. perpetual,
so that for the future a possession for sixty years
should confer an indisputable and indefeasible title.
The ministers opposed it with great vehemence, even
taking some credit to themselves for their moderation
in not requiring from the Duke a repayment of the
proceeds of the lands in question for the seventy
years during which he had held them. But the case
was so bad that they could only defeat Sir George
Savile by a side-wind and a scanty majority, carrying
an amendment to defer any decision of the matter till
the next session. Sir George, however, was not
discouraged; he renewed his motion in 1769, when it
was carried by a large majority, with an additional
clause extending its operation to the Colonies in
North America; and thus, in respect of its territorial
rights, the crown was placed on the same footing as
any private individual, and the same length of tenure
which enabled a possessor to hold a property against
another subject henceforth equally enabled him to hold
it against the crown. The policy not less than
the justice of such an enactment might have been thought