to commend it to every thinking man as soon as the
heat engendered by a party debate had passed away.
It had merely placed the sovereign and the subject
on the same footing in respect of the security which
prescription gave to possession. And it might,
therefore, have been thought that the vote of 1769
had settled the point in every case; since what was
the law between one private individual and another,
and between the sovereign and a subject, might well
have been taken to be of universal application.
But the ministry were strangely unwilling to recognize
such a universal character in the late act, and found
in the peculiar character of ecclesiastical bodies
and ecclesiastical property a pretext for weakening
the force of the late enactment, by denying the applicability
of the principle to the claims of ecclesiastical chapters.
In 1772 Mr. Henry Seymour, one of the members for
Huntingdon, moved for leave to bring in a bill, which
he described as one “for quieting the subjects
of the realm against the dormant claims of the Church;”
or, in other words, for putting the Church on the
same footing with respect to property which had passed
out of its possession as the crown had been placed
in by the act of 1769. He contended that such
a bill ought to be passed, not only on the general
principle that possessors who derived their property
from one source ought not to be less secure than they
who derived it from another, but also on the grounds
that, as ecclesiastical bodies occasionally used their
power, “length of possession, which fortified
and strengthened legal right and just title in every
other case, did in this alone render them more weak
and uncertain,” from the difficulty which often
occurred in finding documentary proof of very ancient
titles; and that this was not an imaginary danger,
since a member of the House then present had recently
lost L120,000 by a bishop reviving a claim to an estate
after the gentleman’s family had been in undisturbed
possession of it above a hundred years. The defence
of the Church, however, was taken up by Mr. Skinner,
Attorney-general for the Duchy of Lancaster, who argued
that though, in the case of the crown, the nullum
tempus which it had formerly claimed, and which
had been put an end to in 1769, was “an engine
in the hands of the strong to oppress the weak, the
nullum tempus of the Church was a defence to
the weak against the strong,” as its best if
not its sole security “against the encroachment
of the laity.” The “Parliamentary
History” records that in the course of a long
debate Lord North opposed the bringing in of the bill,
as did “the Lord-advocate of Scotland, who gave
as a reason in favor of the bill, though he voted
against it, that a law of similar nature had passed
in Scotland, and that the whole kingdom, clergy as
well as laity, found the very best effects from it."[24]
Burke argued in favor of the bill with great force,
declaring that in so doing “he did not mean anything
against the Church, her dignities, her honor, her privileges,
or her possessions; he should wish even to enlarge
them all; but this bill was to take nothing from her
but the power of making herself odious.”
But the ministerial majority was too well disciplined
to be broken, and Mr. Seymour could not even obtain
leave to bring in the bill.