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Under these circumstances, there are three descriptions of persons
of whom nothing could be expected but that they should be disposed to
throw every obstruction possible in the way of the proposed appropriation
1. the possessors of the fruits of the past encroachments for which on the
occasion of any settlement of the property they would naturally be
apprehensive of being called to account — 2. those who have similar
projects of encroachment in contemplation, and 3. the private friends
of both classes, among such of the Vestryman, as are or have been in
the habit of taking the lead in the management of the parochial concerns.
These encroachments, by which a value, and that in point of affection a
very high one may have been given to many an off scrap of ground,
which 'till then had in fact no value at all to any body, have derived
a very natural origin and in a very considerable degree an excuse from
the inattention above spoken of. It might therefore be an act of extensive
utility as well as commendable indulgence, to insert into the Bill at a
proper stage a clause of indemnity and oblivion in favor of those
who experience this need of it. The Bishop of Rochester, the Representative
of the parties injured, in the House of Lords occupies a situation from
which a Clause to such an effect would come with singular propriety
and grace; it is accordingly proposed should the Bill go on, to choose
a fit channel for conveying to his Lordship a hint to that effect. But
no such grace can naturally be supposed to be in the expectation of
any of the wrong doers; nothing therefore but opposition (should any
active part be taken), and at any rate, nothing like consent, can
reasonably be looked for, on the part of a set of individuals thus

In the Dean's Yard Square Act already mentioned, there was
neither consent given by any of the parties (besides the two individuals
at those solicitation it was passed) nor application for consent made
to the Parishioners: but a strong opposition, both from the Vestry as
a body (d) (the Parishes the same in that instance as the present) and
from a numerous list of individuals: and yet the Bill passed into
a law.

As to the propriety of taking ground by compulsive power for
such a purpose as that in question, it is a point not open to dispute,
having been already affirmed twice over by the Legislative in relation
to the particular purpose here in question, once by the original
Penitentiary Act, 19 Geo: 3d. Ch. 74 and again by the Penitentiary Contract

(d) Review & ut supra

Identifier: | JB/123/192/001
"JB/" can not be assigned to a declared number type with value 123.


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