Grants shall be brought to the Principal Secretary or to one of the King's Clerks of his Grace's Signet for the time being to be at the said Office of the Signet pass'd accordingly And be it also ordained and enacted That one of the Clerks of the said Signet to whom any of the said Writings signed with the King 's most gracious Hand or the Hand of any other aforesaid or any of them fortune to be deliver'd may and shall by Warrant of the same Bills and every of them within the space of eight days next after he shall have receiv'd the same unless he have Knowledge by the said Secretary or otherwise of the King's Pleasure to the contrary make or cause to be made in the King's Name Letters of Warrant subscrib'd with the Hand of the same Clerk and sealed with the King's Signet to the Lord Keeper of the King 's Privy Seal for further Process to be had in that behalf And that one of the King's Clerks of the said Privy Seal upon due Examination had by the said Lord Keeper of the said Privy Seal of the said Warrant to him addressed from the Office of the said Signet as afore may and shall within the space of eight days next after he shall have receiv'd the same unless the Lord Keeper of the Privy Seal do give them Commandment to the contrary make or cause to be made by Warrant of the foresaid Warrant to the said Lord Keeper of the Privy Seal Address from the Office of the Signet aforesaid other Letters of like Warranty subscribed with the Name of the same Clerk of the Privy Seal to the Lord Chancellor of England Lord Keeper of the Great Seal Chancellor of the Dutchy of Lancaster Chancellor of the King's Land of Ireland Treasurer and Chamberlains of the Exchequer and Chamberlains of any of his Counties Palatines or Principality of Wales or other Officer and to every of them for the writing and ensealing with such Seals as remain in their Custody of Letters Patent or Closed or other Process making due and requisite to be had or made upon any the said Grants according to the Tenor of the Warrant to them or any of them directed from the Officer of the Privy Seal as is afore specified These Cautions show how carefully our Constitution has provided that nothing shall be done which may turn in Despendium Regis aut Regni But here some flattering Lawyers will affirm That these Methods are Directive not Coerceive Or as Hobart says †Hobart's Reports Colt and Glover P. 146. That these kind of Statutes were made to put Things in ordinary Form and to ease the Sovereign of of Labour but not to deprive him of Power according to this Maxim of the same Judge That * Lord Sheffeild ver Ratcliffe p. 335. Dare Prerogativam est nobile Officium Judicis Debitum And truly heretofore Westminster-hall did so order it that these Fences intended to keep the Publick Revenues from the Hands of Spoilers were all broken down and that all these Statutes were evaded For the Force of all these wholsome Laws was enervated by Clauses afterwards incerted into the Letters Patents viz. Ex certa Scienta mero motu Gratia speciali Ex certa Scientia was very antiently made use of but the words became more necessary afterwards to defeat the 1st of Henry IV. where 't is enacted †Rot. Parl. 1 Hen. 4. Num. 98. That the true and express Value of the thing to be granted shall be incerted in the Letters Patents otherwise the Grant to be void So that these words suppose the King to have certain knowledge in every Circumstance of the thing he is to give away which happens very rarely to be the Case But notwithstanding these words if certain Proof can be made that the King was misinform'd by false Suggestion no Lawyer will say the Grant is good Ex mero motu imports the Honor and Bounty of the King who Rewards the Patentee for Merit without his Suit These words suppose the King to be truly appris'd of the Person 's Merit and were brought in to obviate the 4th of Henry IV. whereby it was enacted * Rot. Parl. 4 Hen. 4. That no Lands should be given but to such as deserv'd them and if any made Demands without Desert that he should be punish'd And to the same purpose were added the words Ex Gratia speciali yet more to denote that the Gift proceeded meerly from the King's Favour and not at the Party's Sollicitation But besides all this because anciently it seem'd a Fundamental that the Crown-Lands were not alienable and because all along Parliaments had complain'd of these Alienations as looking upon 'em to be illegal the Lawyers of old Times endeavour'd to secure and cover all by a Clause of Non Obstante to be incerted in the Patents These Clauses of Non Obstante were not known in our original Constitution Mathew Paris says they grew rife in the Reign of Henry III. Anno Dom. 1250. * Mat. Paris p. 810. Sprsimque jam tales Literae in quibus inserta est haec detestabilis adjectio Non Obstante Priore Mandato vel haec Non Obstante Antiqua Libertate Suscitabantur Then he goes on Quod cum comperisset quidam vir discretus tunc Justitiarius scilicet Rogerus de Thurkeby ab alto ducens suspiria de praedictae adjectionis appositione dixit Heu heu hos ut quid dies expectavimus Ecce jam civilis Curia exemplo ecclesiasticae Coinquinatur a Sulphureo fonte intoxicatur But this Clause grew more necessary after the 11th of Henry IV. when it was plainly and directly enacted * Rot Parl. 11 Hen. 4. Num. 23. That all manner of Heriditaments which from thenceforward should fall into the Crown should not be alienated but remain to the King And this last Law being positive unrepeal'd as we know of and still in force as much as Magna Charta and the Doctrin of Non Obstantes seeming to be condemn'd by The Ast declaring the Rights and Liberties of the Subject in these Words That the pretended Power of Suspending of Laws or the Execution of Laws by Regal Authority without Consent of Parliament is Illegal That the pretended Power of dispensing with Laws or the Execution of Laws by Regal Authority as it hath been assum'd and exercis'd of late is Illegal There will arise a Question how far the Grants made since the passing this Act 1 Gul. Mar. are valid by the Laws as they stand at present For we may argue thus It was enacted 11 Hen. IV. That the Crown-Lands should not be granted away However the Practice was otherwise and the Grants were supported by Clauses of Non Obstante But these Non Obstantes or the dispensing with Laws in force being declar'd Illegal it should follow that the Grants of Crown-Land made for these last ten Years are void in Law and revokable at the King's Will and Pleasure
Alienations of the Crown-Revenue And a Resumption made The Records for this 117 Great Profusion and Misgovernment in the Reign of King Richard the Second The Rapine of the Ministers of those Times occasioned Acts of Resumption several Records produc'd to this Purpose from 119 to 127 In the Reign of Henry the Fourth the Commons pray that a Resumption may be made The Record 127 In the Fifth of this Reign the Commons pray that the King will take Care for the Repair of his Castles in particular Windsor Castle and of the Maintenance of his Parks And complain that the Lands assign'd for the Repair of Windsor Castle are granted away praying they may be resumed The King's Answer The Record for this 128 Lands and Mannors annexed to Windsor Castle 31 Henry 8th 131 The same Year of Henry 4th the Commons pray that Lands alienated from the Duchy of Cornwall may be resum'd The King's Answer The Record 132 In the 6th Year of the same Reign the Commons again pray for a Resumption The King's Answer The Record 133 What â—ort of a Resumption was then made and the Reasons for it The Record 140 In the Seventh and Eighth of this Reign the Commons pray that the Lands to be conquer'd in Wales may not be granted away the first Quarter of a Year The Record 143 In the same Year the Commons pray that certain Foreigners by Name may be banished which is granted and the King orders an Accompt to be deliver'd in Chancery of what Grants they had obtain'd The Record 144 In the 11th of this Reign the Commons pray that no Alienation of the Crown-Revenue may be made to which the King assents The Record 145 What sort of Resumption was made in the Reign of Henry the Fifth The Record 148 A Resumption made 28 Hen. 6. The Record 149 to 158 The Exceptions or Savings inserted by the King in this Resumption 159 to 178 Another Resumption the 29th of this Reign 181 Another Resumption the 33th of the same Reign 193 A Resumption the 1st of Edward 4th The Record 208 Another Resumption 3d and 4th of the same Reign 210 In the 7th Edward 4th The King invites his People from the Throne to make an Act of Resumption 214 A Resumption 7th Edward the 4th The Record 216 The King by the Mouth of the Chancellor thanks the House of Commons for this Resumption 221 222 In the 13th of the same Reign there pass'd another Act of Resumption 222 The Method which was taken in this Reign to pay the King's Debts See the Record 225 In the 1st of Henry 7th there was one General Act and afterwards other particular Acts of Resumption 232 What Sort of Resumption was made Ann. 6. Hen. 8 238 The Author has himself examin'd at the Tower the French Records cited in this Book 243 All the Resumptions recapitulated 244 245 Several Observations upon these Acts of Resumption 245 to 248 The Effects these Acts of Resumptions produced 249 In what Posture the Crown-Revenue stood 28 29 Hen. 6. ibid. How it stood in the Reign of Hen. 7. what Taxes he had and what an immense Sum he left behind him 249 250 The Acts of Resumption principally put the Crown-Revenue into the State Hen. 7. left it at his Death 250 The State of the Revenue Anno 12. Eliz. 252 The Reason why no Resumption could be proper during her Time ibid. Resumptions talk'd on in the Reign of King James the First ibid. What Steps were made towards a Resumption in the Beginning of King Charles the Second's Reign 253 254 State of the Revenue at King Charles's Restauration 255 Sir John Fortescue's Opinion concerning Resumptions out of a Manuscript in the Bodleian Library 257 to 262 When the Debtors or Accomptants to the King have been unreasonably discharg'd Privy-Seals have been revoked The Record 263 SECT IV. That several Ministers of State have been Impeach'd in Parliament for presuming to procure to themselves Grants of the Crown-Revenue WHat sort of Power our King 's anciently had to alienate the Crown-Revenue 274 The Opinion of some Authors upon this Subject 275 Observations upon the Scaccarium and Hanneperium ibid In Alienations the King trusted as Head of the Common-wealth 278 The Danger if Alienations might not be inquir'd into 279 'T is manifest the Legislature has a Power to inquire into Grants ibid. Resumptions an extraordinary Exercise of the Legislative Authority 280 What Provision the Wisdom of the Law has made that there may not be occasion for 'em ibid. If this does not do by calling corrupt Ministers to an Accompt 281 The Care Hen. 4. took in the Revenue and the good Laws thereunto relating ibid. The Effect it had 283 The Care our Ancestors had long before taken in this Matter 284 1st By regulating the Expences of the King's Court ibid. 2dly By desiring the King to employ wise and able Men 285 3dly By procuring the Banishment of Strangers who were become a Burthen upon the Court ibid. 4thly By appointing Commissioners to inspect the publick Accompts The Record 287 5thly By enquiring into the Management of particular Branches 290 The Provisions which our Constitution has establish'd that the King may not be deceiv'd 291 The Progress Grants ought to make 292 First in the Treasury The Treasurer of the Exchequer or Lord-Treasurer's Duty and Oath ibid. From thence the Grant goes to the Attorney-General His Duty 204 From thence to the Secretary of State His Duty 295 From the Signet it should go to the Lord Privy-Seal His Duty and Oath 296 From the Privy-Seal it goes to the Lord Chancellor His Duty and Oath 297 All this inforced by a positive Law 27 Hen. 8. 298 The Force of the Laws enervated by Clauses of Ex certa Scientia Graetia Speciali Mero Motu and by Clauses of Non Obstante 301 Matthew Paris his Opinion of these Clauses of Non Obstante 302 Of the Destinction the Lawyers make between Directive and Coercive 305 When Ministers have broke through the Laws in this Matter of Grants our Ancestors have proceeded by Impeachments 307 Ranulphus Bishop of Durham accus'd for Male-Administration His Character 308 Pieres Gaverton impeach'd for procuring Grants The Record 309 Henry de Beaumont accus'd expell'd the Council and banish'd by Parliament from the King's Presence upon the same Accompt 313 The Lady Vescie accus'd and banish'd the Court in the same Manner and upon the same Accompt 314 Procuring Grants one of the principal Heads of Accusation against Hugh Spencer Earl of Glocester 315 In the 4 Edw. 3. Articles were exhibited in Parliament against Roger Mortimer Earl of March for having procured to himself Grants of the Crown-Revenue The Record 316 In the 10 Rich. 2. Michael de la Pool was impeach'd for that being Chancellor and sworn to the Kiug's Profit he had procured to himself Grants of the Crown-Revenue The Judgment against him The Records 317 to 323 In the 11 Rich. 2. the said Michael de la Pool was
it being look'd upon 〈◊〉 the Princes private Patrimony or 〈◊〉 his Privy Purse and so to be dispos'd 〈◊〉 without any Accompt It was formeâ— a Clause in most Grants Sine aliâ—â— Fine vel Feodo magno vel parvo nobis solvendo in Hannaperio Which Fine went to the King 's private Purse Heretofore when much Land was in the Crown the Hamper yielded so considerable a Sum as that it was thought fit to be included in all the Acts of Resumption for large Pensions being begg'd out of it the Parliament judg'd it their Duty to take care as well of what was reckon'd the Princes Peculium or private Patrimony as of what belong'd jointly to him and the Publick which was done in other Instances as where they resumed Annis 3 4 7 13 Edw. 4. his Family Inheritance of the Dutchy of York and Earldom of March. But this difference with many other good Forms of our old Government is said aside * Spel. Glos p. 278. Nulla pené jam nobiscum habita Pecuniae Publicae privatae distinctione cùm sit utráque in solius Princiâ—is Arbitrio And from the time of William Rufus our Kings have thought they might alienate and dispose of the Crown-Lands at Will and Pleasure and â—n all Ages not only Charters of Liberties and Franchises have been given but likewise Letters Patents for Lands and Mannors have actually pass'd in every Reign Nor would it have been convenient that the Princes Hands should have been absolutely bound up by any Law or that what had once got into the Crown should have been for ever separated from private Possession For then by Forfeitures and Attaintures he must have become Lord of the whole Soil in a long Course of Time The Constitution therefore seems to have left him free in this Matter but upon this tacit Trust as he has all his other Power that he shall do nothing which may tend to the Destruction of his Subjects However tho' he be thus trusted 't is only as Head of the Common-wealth and the People of England have in no Age been wanting to put in their Claim to that in which they conceiv'd themselves to have a remaining Interest which Claims are the Acts of Resumption that from time to time have been made in Parliament when such Gifts and Grants were made as became burthensome and hurtful to the Publick Nor can any Government or State divest it self of the Means of its Preservation And if our Kings should have had an unlimitted Power of giving away their whole Revenue and if no Authority could have revoked such Gifts every profuse Prince of which we have had many in this Kingdom would have ruin'd his Successor and the People must have been destroy'd with new and repeated Taxes for by our Duty we are likewise to support the next Prince So that if no Authority could look into this a Nation must be utterly undone without any way of redressing it self which is against the Nature and Essence of any free Establishment Our Constitution therefore seems to have been that the King always might make Grants and that those Grants if pass'd according to the Forms prescribed by the Law were valid and pleadable against not only him but his Successors However at the same time 't is likewise manifest that the Legislative Power has had an uncontested Right to look into those Grants and to make them void whenever they were thought exorbitant And therein wise Kings have given way and not thought it dishonourable to join with their People in that which was judg'd to be for the Ease and Benefit of the major part But because in Acts of Resumption the Legislature exerts it self in an extraordinary manner and because 't is a Cordial of a very strong Operation and for that such Acts must of Necessity break into private Contracts Marriage-Settlements Sales upon a valuable Consideration and in many other Instances the Law has fenc'd the King's Revenue with Restrictions and wholsome Constitutions it has prescrib'd Forms by which Grants and Gifts should pass it has erected several Checks and trusted those Checks in the Hands of high Officers of the Crown And lastly the Laws have call'd to Accompt and seveerly punish'd many Men of great Birth and Figure for breaking down these Fences by all which our Ancestors seem to have desir'd and design'd preventing Mischiefs in their Growth and that Recourse should be had to extraordinary Remedies as seldom as possible And First That not only his common Expences but that also his Liberalities might be supply'd without diminution of the Capital innumerable Laws did provide that he might be neither deceiv'd in his Receipts nor in his Payments besides which the Introitus and Exitus of the Exchequer was originally contriv'd with Check upon Check and with all the Care and Art imaginable But all these good Methods were very early overthrown by the Negligence of some Princes but more through the Corruption of their Ministers Henry the IV. who had depos'd his Predecessor and who came in upon the Foot of Reformation began to make Regulations and restore some Order in the Revenues of the Crown In the first Year of his Reign the Commons complain'd of outragious Grants and of great Sums of Mony released to undeserving Persons the King not perceiving the hurt done him at the time of the Grant They pray that such Grants upon good Deliberation may be recall'd and that from thenceforth he would make no Grant but with the Advice of his Council The King Answers He will be advis'd by the wise Men of his Council And thereupon several good Regulations relating to the Passing of Grants are establish'd but take the Record 1 Hen. 4. Rot. Parl. Num. 98. Et aufyn qil ne soit deceux en les Grantes ou douns annuelx ou en fee ou en ascunes Offices per luy a faires ou a Granters en temps avenir il voet de lassent des Seignours Esprituelx Temporelx des Communes qe touts ceux qi demanderont du Roy Terres Tenementes Rentes Offices Annuitees ou autres profites qeconqes facent expresse mencion en lour Petitions de la value de la chose ensi a demander auxi de ceo qe ils ont eue du donne le Roy ou des autres ses Progenitours ou Predecessours per devant en cas qe ils ne facent tiel mencion en lour dites Petitions ceo duement proeve soient les lettres patentes du Roy ent faites nient vaillables ne de nulle force neffect mes de tout revoqes repelles adnuelles pur toutz jourz au punissement de ceux qe ensi ount fait tiel deceit ou Roy come ceux quy ne sont pas dignes denjoier leffect Benefice des Lettres Patentes a eux Grantez en celle partie This Acts directs that in the Petition to the King for any Gift or Grant express mention shall
He that held the Fee was oblig'd upon Summons to arm himself and follow his Lord's Banner and to stand by him in all Dangers Besides he was Subject to the Payment of Tributes Aids or Subsidies As the Prince conferr'd these Fees upon great Lords and Barons so these Barons came to confer 'em upon others The Germans had anciently something of the like nature but from Italy they pass'd into France and from France into England And certainly it was a wise Institution To give a new People who were to be continually upon their Guard either against the Natives or Foreigners some Interest in those Lands for whose Defence they were so often to expose their Persons When these Northern Expeditions had Success and that a Country was subdu'd there was assign'd to the Prince or he took to himself part of the Land which he Held in Demesne from which and by the Profits and Strength the Tenures produc'd he maintain'd himself in War and in Peace without laying in Ancient Times any other Burden upon his People And without doubt our Kings were most happy when they liv'd upon this Revenue of the Crown which was neither grievous by its Weight or Novelty What the Prince thus receiv'd came chearfully because the People had good Bargains from the Crown 'T is true they who Held by Military Service were at more Expence in time of War but t was the nature of their Tenure and they bore it nor did a Warlike Race of Men dislike now and then to be in Action And 't is probable our first Princes chose to subsist from a Revenue that would be Paid without murmuring and which they might call their own rather than upon the Manufactures and Trade of their Subjects as was practised by Eastern Kings and the Roman Emperors who were always laying fresh Impositions upon their People which ill suited with the free Genius of the Men these Northern Princes were to Govern Those Loads upon Industry high Customs and what we call Excises were afoot in the Roman Empire but not thought of in these Gothick Settlements 'T is true from the time Kings have desired greater Armies than their Crown-Revenues would maintain such Impositions have been reviv'd in these Parts of Europe These Kind of Taxes from which this side of the World had been exempt for several Ages were renew'd by Ambitious Princes who had great Thoughts and small Territory of which kind were Ferdinand and Alphonso of Aragon Kings Guicciard L. 2. 4. of Naples and Lodowick Sforza Duke of Milan who harrass'd their Countries with these sort of Duties to such a degree as at last it produc'd an Universal Defection of their People By these Ways and Means of Raising Money Lodowic Sforza had heap'd up such a Mass of Wealth that not Eight Years before Milan was taken he shew'd several Foreign Ministers by way of Ostentation besides Jewels and other sort of Riches in no small quantity to the Value of One million five hundred thousand Ducats A vast Summ for those Times The Kings of Naples had likewise scrap'd up a great Treasure by the like Methods But what did all this end in These Exactions had so provok'd the People that neither the Innocence nor Vertue of Ferdinand Alphonso's Son nor the dark Wisdom and Subtilties of Lodowick could avail 'em in time of Danger insomuch that they both lost their Dominions to the French without hardly striking a Stroak The Necessities introcuc'd by the long Wars in Italy brought these sort of Taxes more in Vogue and they were chiefly made use of by the little Princes there who Erected to themselves Tyrannies in several Cities Not long after this way of Raising Mony got footing in Spain and the Tax was call'd the * Baudier l' Aminist du Card. Ximen Cap. 3. Alcabala by which the King was to have the Tenth part of all that was Sold or Exchang'd it was first laid towards defraying the Expences of the Wars of Granada against the Moors and continu'd for some time tho' the War was ended but by the Authority of that Great Minister Cardinal Ximenes it was Abolish'd They had likewise Taxes upon the Consumption long agoe in France as in the Reign of †Mezeray vie de Chilp Chilperic which the People thought so burthensome that many therefore deserted their Country and we hear not of 'em again in their Histories till some Ages after and the manner by which they are now Collected in that Kingdom came from Italy But the Ancient Revenue of the Kings of France consisted in Land * Vie de Clotaire Mezeray says Le Revenue des Rois consistoit en Terres ou Domains en Imposts qui se prenoient sur les Gaulois seulment car il estoit odieux d'en prendre sur les Francois on les levoit quelques uns en argent quelques-autres en denres Quand on fit l'arpantage ou partage des Terres les Rois en eurent pour leur Portion quantite des plus belles specialement aux environs des grandes villes Dans toutes ces Terres qui'ls apelloient Villae Fiscales ils avoient des Officers ou serviteurs qui se nommoient Fiscalins celui qui leur commandoit Domestique On amassoit les Provisions de bleds de vins de fourages de Chairs specialement de Venaison de Porc. And as to Excises Gabels and high Duties upon Trade they were unknown among the Founders of the English Government or of the Kingdoms round about us We have been compell'd to look thus far backward and to repair to the Fountain-head and Original of this Government in order to illustrate what we are going to lay down in this Section which is I. That in Forming this Constitution our Ancestors took care to make ample Provision for Maintaining the King's Crown and Dignity II. That when those Lands and Revenues had been parted with which were allotted for his and the States Service Parliaments have seldom fail'd to Relieve and Restore his Affairs by Acts of Resumption William the Norman when he had subdu'd Harold and got quiet Possession of the Crown made a general Survey of the whole Kingdom There was already a Survey remaining at Winchester which had been taken by King Alfred's Order about Two hundred Years before William's Survey was call'd Doom's-Day-Book in which there was set down a Catalogue of all the Tenants in Capite or Serjanty that Held Lands in every County In this Accompt the King is always plac'd first and His and the Crown Lands describ'd under the Title of Terra Regis and in every one of these Counties the King had Lands and Mannors The Great and Little Doom's-Day-Book contain'd the Description of all England Westmoreland Cumberland Northumberland and part of Wales excepted There were Appropriated to the Crown * Vide Domes-day Book 1422 Mannors or Lordships besides Lands and Farms in Middlesex Shropshire and Rutlandshire over and above which there were Quit-Rents paid
and Confiscated to the King's use In this Colloquy the Barons told him That he was in Debt and Ruin'd by the Strangers about him who had Consum'd all so that he was forc'd to give Tallies for the Victuals of his Table * Knyghton Col. 2445. N o 10. Domine Rex inter manus Alienigenarum res utique tua male agitur diversimode tractatur nam consumptis universis multo jam deprimeris eâ— alieno datis pro cibariis tuis Talleiâ— versus es in scandalum in omni populo tuo The Consequence of this Profusion was grievous Taxes the Taxes produc'd Discontents these Discontents encourag'â— Simon Montford and others to begin thâ— Civil War in which this King had beeâ— lost but for the Courage and Conduct 〈◊〉 his Son In the Reign of Edward the I. we 〈◊〉 not find there was any Resumption bâ— Annn Dom. 1289. the Legislative Authority did very wisely interpose in Correâ—ing the Abuses of Westminster-Hall * Vide Dan. p. 160 Mat. West p. 414. N o 10 and Knyghton Col. 2466. Finâ—ing all the Judges for their Corruptioâ— and Extortions Sir Ralph Hengham wâ— had been Chief Justice of the highâ— Bench and Commissioner for the Gâ—vernment of the Kingdom in the King Absence paid Seven thousand Marcs 〈◊〉 Edward Stratton paid Thirty four thousand Marcs Thomas Wayland found the greatest Delinquent Forfeited all his Estate The whole Set paid among 'em 〈◊〉 Hundred thousand Marcs which for those Days was a prodigious Summ. The next Reign of Edward the IId gives the prospect of Civil Wars Treachery Bloodshed and a view of all the Calamities that are the Consequences of â— Riotous and Profuse Court The unbounded Favour of this Prince o his Minion Pierce Gaveston made Earl of Cornwal and the Waste which the said Earl had made in the Crown-Revenue so provok'd the Peers that they never restd till they had obtain'd an Instrument mpowering several Ecclesiastical and â—ay Lords to make certain Ordinances â—or the good of the Kingdom which nstrument and Ordinances made by Virue of it were afterwards ratify'd in Parament Among other things it was then order'd That the Crown-Revenue should â—ot be Alienated Derecheif ordein est Rot. Ord. 5 Edw. II. N o. 3. pur les dettes le Roy acquitter son estate relever le plus honourablement mainteiner qe nul don de Terre ne de Rent ne de Franchise ne d' Eschete ne de Gard ne Marriage ne Baillie se face a nul des ditz Ordenours durant leur poer del dit ordeinment ne a uul autre sauns Conseil assent des ditz Ordenours ou de la greinder partie de eux au six de eux au moins mes totes les choses desquex profits poit surdre soient enpruees al profit le Roy jusques son estat soit avenantment releve c. There is this Remarkable in the Record That they bound up themselves as well as others from receiving any part of the King's Lands as we may suppose not thinking it fair for them who had the Power to keep the Purse shut to others and to open it for themselves They took likewise Care of a Resumption * Ibed N o 7. Et puis derecheife pur se qe lâ— Corone est tant abeissee demembree pâ— diverses donns nous Ordinons qe toâ— les donns qe sont donez au damage dâ— Roy descresse de la Corone puis 〈◊〉 Commission a nous fait des Chasteam Villes Terres Tenements Bayleâ— Gardez Marriages Eschetes Relâ— queconques queles soint aussibien 〈◊〉 Gascoin Irland Gales Escoce coâ— me en Engleterre soint repelleez noâ— les repellons de tout sanz estre redonnâ— a meismes ceux sanz comun assent 〈◊〉 Parlement Et que si tieu maner des dom ou Reles soint Desormes donez encâ—â—tre la form avantdit sanz assent de soâ— Barnage ce en Parlement tant qe 〈◊〉 dettes soint acquittees son estatâ— avenantment releves soint tenus poâ— nuls soit le pernour puny en Parlement par Agard del Barnage 'T is true these Ordinances were revok'd in the * Great Statute Roll from H. III. to 21 Ed. III M. 31. Bibli Cott. Claud. Parliament which this King held at York the 15th of his Reign just after he had Defeated and put to Death Thomas Earl of Lancaster with many other of the Barons But his Rigid Proceeding with those who had Fought in Defence of their Countries Freedom and his immoderate Favour and Bounty to the Spencers Earls of Whinchester and Gloster with all his other Mis-government lost him both his Crown and Life in a short time after 'T is to be presum'd That what the Parliament had done in Edward II. Reign to hinder the Favourites from making Depredations upon the Crown-Revenue had effectually stopp'd the Evil because we do not find there was any need of an Act of Resumption in Edward the III's Time There is no part of our History more remarkable than the Life of Richard II. Grandson of Edward III. And no Times afford so many Presidents of Liberty asserted and of the Excesses of Regal Power with the Corruption of bad Ministers as this unfortunate Reign But Misgovernment will of Necessity bring on good Laws in the End The lavish Temper of this Prince his unreasonable Favour to the Duke of Ireland to Michal de la Pool Earl Suffolk his Chancellor and others with his loose and careless Administration produc'd the Parliaments of 10th 11th and 13th Richard II. by which his Power was circumscribd and bounded 'T is true 21 Richard II. he procur'd a Repeal of what had been formerly settled by Parliament for the Welfare of the Kingdom in which Sessions he got Iniquity establish'd by a Law but the Conclusion of all this Misgoverment was that he incurr'd so much the Publick hatred as to be deserted by the whole People and in a solemn manner to be depos'd The Excesses of the Court and Rapine of the Ministers in those days and towards the latter end of Edward III. produc'd Acts of Resumption The Commons pray that all kind of Gifts whatsoever made by King Edward III. may be examin'd if worthily bestow'd to be Confirm'd if otherwise to be Revok'd * Rot. Parl. 1 Ri. II. N o. 48. Item ils Prient pur ceo que la Corone est moult abaisse demembre par divers donns donez en temps de notre Seigneur que Dieux assoille queux donns il estoit malement deceux en plusieurs Personnes malement emploeis come home le poet declarer a grand damage de lui de notre Seigneur le Roi q'ore est si bien des Chasteaux Villes Terres Tenements Baillez Gardes Marriages Eschetes Releves aussi bien en Gascoigne Irlande come en Engleterre qe plese a notre Seigneur le Roy son Conseil faire examiner par les Rolles
de lour partie disoient outre mesme les Communes a nostre dit Seignour le Roy qe cestes matiers ensi faits accomplez en cest Parlement il lour troveroit foialx naturelx liges devers luy de parfaire son plaisir voloir a lour poiar par le aide de Dieux 'T is probable this seasonable Care of the House of Commons rescued for that time the Lands belonging to Windsor Castle for from that time these Lands continu'd in the Demeans of the Crown till very lately And some Years after Viz. Anno 31. Hen. VIII there pass'd an Act of Parliament expresly to Annex several Mannors by name to the Castle and Honour of Windsor not to be alienated from it so carefull were our Ancestors that this Noble and antientt Seat of our Kings should have some Revenue to keep the House and Parks in good repair In the same Year of Hen. IV. the Commons rehearsing how King Edward III. in the Parliament Holden in the 11th of his Reign Created his Eldest Son Duke of Cornwal and the same Dukedom annex'd to the Crown with divers Hereditaments by his Letters Patents by Authority of the same never to be Dismembred or Sold away They therefore Pray the King to resume and seize and so to unite again to the said Dutchy such Lands as were Sold away by Prince Edward King Richard or by the King himself * Rot. Par. 5 Hen. IV. N â— 22. versus Finem Non obstants Encorporation oâ— Union de qel Duchee per une haute Aâ—thorite ensi perfaite puis encea est dâ—membrez siâ—bien per diverses Alienatâ—ons faitz per le avant dit Edw. nadgaires Prince come per le darreine Roy Richard qe fuist per vous Qe pleise a vous de vostre haute discretion ove le Avis de tous Seignours eâ—prituelx temporelx en cest presenâ— Parlement Assemblez considerantz lâ— Union dudit Duchee en la manere avantdite fait de requiler tout ceo â—â—dedit Duchee est demembrez per Aâ—thorite de Parlement de reseiser rejoindre a dit Duchee come il fust a devanâ— non obstant ascune Alienation Qele Petition lue entendue fuisâ— respondus en les parolles quensuent Resp Accordez est per le Roy les Seignours en Parlement qe le dit Mounseignour le Prince per lavys de son Counâ—eil eit briefs de Scir fac Ou autre recoverer le mieltz qil avoir purra par les Estatutes leys du Roialme solonc ceo qe le cas requiert c. Wherein shall be allow'd no Protection or Praying in Aid of the King unless it be for Sir John Cornwale and Eliz. his Wife late Wife of John Holland Earl of Huntington and for such Persons to whom the King is bound by Warrantie Sinon en cas qe le Roy soit expressement tenuza la Grantie c. Rot. Par. 6 Hen. IV. N â— 14. Anno 6. Hen. IV. The Commons Pray That the King would resume the Crown-Lands Pleise a tres Excellent tres redoute Seignour Nostre Seignour le Roy pur profit du Roy encresce de sa Corone supportation des pauvres Communes de vostre Royalme Dengleterre granter les Petitions qensuent Pur ceo qe la Corone del Roialme Dengleterre est grantement emblemissez anientissez per grandez outrageouses dons faits as diverses Persones si bien esprituelx comme temporelx des Terres Tenements Fee Fermes Franchises Libertees autre Possessions dycelles Soit ordeigne en cest present Parlement pur profit du Roy du Roialme supportation des Communes qe tous Chateaux Manoirs Seignouries Terres Tenements Fees Advoesons Fee Fermes Annuitees Franchises Libertees Custumes queux fuerent membre parcelle Dancienne Inheritance de la dite Corone le an du Regne le Roy Edward Aiel nostre Seignour le Roy qorest quarantisme puis en cea soint ils donez a terme de vie ou a terme de ans en Fee simple ou en Fee taile ou sur Condition ou as Seignours Esprituelx a eux a lour Successours forsprises Gardes Marriages Eschetes horspris ceo qest assigne a Reigne en Dower soint entierement resumes repris seises es maines notre Seignour le Roy rejointz al Corone avant dite a y celle perpetuelment demeurer sans ent per aucune voie ou ymagination estre severez dicelle en temps avenir forsqe ceux qont tieux dons ou Grants qe furent parcelle del dite Corone le dit an quarantisme ou depuis per Chartre especiale faite par Authority de Parlement Et qe nulles Persones du Roialme de qel estat ou Condition qils soient ne eient tenient ne enjoient parcelle del Corone avant dite de ancienne enheritance dicelle alienez grantez ou donez puis le dit an quarantisme sans Authoritee de Parlement sur peine de incurrer la Forfeiture dicelles Terres Tenements ensy parcelle del dit Corone Emprisonement per trois ans Et qe nul Officier de nostre Seignour le Roy face ne mette en execution aucune tiele donne ou Grant en Temps avenir sur peine de perdre son Office de forfaire qanqe il purra forfaire envers notre Seignour le Roy le Emprisonement de trois Ans Et qe toutes Maneres de Persones ou Officers Ministres du Roys qeux ont auscun don ou Grant des ascuns tieux Chastelx Seignouries Manoires Terres Tenements Fees Advoesons Fee Fermes Annuites Franchises Libertees Custumes suisditz qeux issint sont parcelle dancienne Inheritance de la dite Corone apres ceo qe les Paiements Affaires pur le Houstiel du Roy ses Chambres Garderobes soient pleinement paiez ou assignes la Reigne paiez de sa Dower duement endowez soient recompensez a la volontee du Roy de la surplusage residue des Ferms annuitez suisditz Purveux toutezfoitz qe toutes les Seignours esprituelx temporelx qi ont aucunes Libertees Franchises de don nostre Seignour le Roy qorest oâ— de ses Progenitours puis le dit an qarantisme paient Fee Ferm a la verray value pour ycelles ou ent rendent due accompte al Oeps notre Seignour le Roy chescun an a son Eschequer aussi tous les Citees Burghs deins le Royalme Dengleterre qont Franchises Libertees du Grant nostre Seignour le Roy ou de ses Progenitours Roys Dengleterre confirmez per nostre Seignour le Roy qorest pur Fee fermes annuellement a paie a nostre Seignour le Roy ou qont fait fyn pur y ceux Franchises avoir a nostre Seignour le Roy qorest ou a ses Progenitours ne soint oustez ne disheritez de lour Franchises
and Roial Court of Parlement and by Aucthorite of the same Resp The Kyng by the Advyse and assent of the Lords Spirituelx and Temporelx in this present Parlement assembled and by the Aucthoritie of the same agreeth to this Petition and Resumption and the same accepteth and establisheth Alweys forseyn that all exceptions moderations forprises and provisions by hym graunted ordeined and admitted and putte in Wryting in this same Parlement upon the premisses be and stand good and availlable in Lawe after the Fourme and effecte of the contynue of the same exceptions Moderations and Provisions And that all Lettres Patentes of the Kyng made to oney Persone or Persones named in oney of the same Exceptions moderations forprises and provisions be good and effectuel after the Fourme and continue of the same Lettres Patentes by whatsomever name oney such persone or persones be named in oney such Lettres Patentes the said Act and Petition of Resumption or oney thing conteined therein notwithstanding Provided alway that it extend not to oney Possessions or other thyng made or graunted by the Kyng to oney persone or persones in Caleis or in the Marches thereof or in the Lond of Irlond These that followen been the Exceptions Moderations forprises and provisions by the Kyng graunted ordeined and admitted and in this same Parlement upon the Premisses put in wryting First Saving for Merton-College 2 For Leon Lord Wells inasmuch as he had a Pension justly due to him 3 For the Dower of the Dutchess of Warr. 4 For Lands exchang'd with John Fray 5 For the College of Leicester 6 For the Expences granted by Patent to Richard Duke of York in the Lieutenancy of Ireland 7 For Restitutions of Temporalities c. to Arch-Bishops Bishops c. 8 For the Priory of Henton 9 For John Stourton Treasurer of the Houshold for 5000 l. to be expended in his Office 10 For the Prior of St John's for 15 s. per Annum 11 For the Friars of Kings Melcombe upon a valuable Consideration 12 For Lands taken in Farm of the King and improv'd 13 For Jervais le Unlre's Pension of 24 l. per Annum as the King's French Secretary 14 For Lands given to the Abbot and Church of Westminster out of which they were to distribute Alms. 15 For the Duke of Somerset's Lands bought of the King for valuable Considerations by Henry Cardinal and sold by the Cardinal to the Duke 16 For the Chief Justice 17 For Oriel-College 18 For All-Souls College 19 For the Abbot and Covent of Selby their Release of Dismes 20 For Thomas Derling Serjeant of Arms his Cloathing and accustom'd Wages 21 For John Waterford the same 22 For John Bury's Pension of 12 p. per diem c. 23 For the Priory of Brydlyngton Endow'd by the King in especial Devotion 24 For a small parcel of Land given to the Charter House of Sheen Founded by the King his Father 25 For Lands only restor'd to the College of Knollesmes-House in Pontfract 26 For John Earl of Shrewsbury as to 100 l. Annual Pension for Life and Lands in Waterford till then yeilding nothing being in the Hands of Rebels the said Earl having had no other Recompence for his long Services 27 For the Lord Scales Pension of 100 l. per Annum for his long Services in France and Duchie of Normandy 28 For William Stone 's Pension of 26 l. 13 s. 4. granted him last Parliament at the Request of both Houses for great Services as well to the King as to his Father 29 For Richard Welsden's Pension of 10 l. 6 s. per Annum for Life out of the Fee-farm Rent of New-biggyng which Fee-farm had been usually distributed among the King's Servants from King Edward III's time 30 For the City of Canterbury's Charter in relation to their Officers only 31 For Charters of Denization 32 For Sir John Astley's Pension of 100 Marks for Life 33 For Houses granted to the Dean and Church of St. Steven Westminster 34 For Will. Rouse one of the Clerks of the Crown as to his Patent for his Office and as to 20 l. per Annum out of the Hamper for Execution of his said Office 35 For the Collegiate Church of Leicester as to their Ton of Wine 36 For Will. Crawen and others their Patent who were erected into a Fraternity 37 For the Heirs of the Lord Bardolph on accompt of Lands restor'd to them by good advice 38 For the Vicounts Beamont and Bougchier both as to the Patents for their Honours and Creation-Money 39 For the Dean and Chapter of Lichfield concerning their Patent for certain Liberties and Priveleges 40 The same for the Town of Estratford 41 The same for the City of York 42 For the Abbot of Byland about a small Fee-farm Rent 43 For John Vicount Beamount Ralph Lord Cromwel and others in relation to Lands granted to them the Value not express'd in the Proviso 44 The same for John Fanceby value not express'd 45 The same for John Hampton but 40 l. per Annum resum'd from him 46 For Ralph Bapthorp Esquire of the Body for Lands given or sold to him 47 The same for John Norreis only there is resum'd from him 50 Marks per Annum Pension and 6 l. 13 s. out of Merston Messey 48 For Phil. Wentworth Esquire of the Body 49 The same for Thomas Danyel but the Manuor of Gedyngton of 26 l. 6 s. Yearly Value is resum'd from him 50 The same for Will. Tresham only 20 per Anuum is resum'd from him 51 The same for Thomas Myner and others the King 's menial Servants only 20 out of 40 l. per Annum is resum'd from Jenk yne Stanley 52 For the Earl of Arundel for Lands granted to him the value not express'd 53 The same for Richard Earl of Warwick 54 For Richard Earl of Salisbury but a Fee-farm taken from him of 24 l. per Ann. and some certain Privileges very extraordinary are taken from him and others in Richmondshire reserv'd to him 55 A Saving for the Lord Dudley as to some Patentes but other things are resum'd 56 For certain Privâ—leges granted to Sir John Boteller 57 For Sir Thomas Haryngton on accompt of Lands granted to him for good Services specified in the Provisoe 58 For Sir Richard Wyddewil Lord Rivers and others on accompt of Lands granted or confirm'd to them 59 For Sir John Talbot and others on accompt of 20 l. per Annum Pension to be paid to them or the survivor of them 60 For the Lord Clifford for Lands granted to him 61 The sâ—me for Henry Everingham so as his Grant exceed not the value of 12 Marks per Annum 62 For Rich. Hakedy the King's Apothecary as to 40 Marks Yearly granted for his Life 63 For Robert Fenys and Thomas Bermingham for Grants made to them but form Robert there is resum'd 20 l. Feefarm Rent 64 For Rob. Manfeld and his Son for Lands Granted or Confirm'd 65 The same for Will. Say and Thomas Shargyl the Kings
eny of theym or eny parcell of theym be from the seid Fest void and of noo force nor effecte And that this Act extende not to eny Honours Castells Lordshipps Manours Londes Tenementes Rentes Services Possessions or Enheritaments which came to the Hands or Possession of our seid Soveraine Lord Kyng Edward the 4 th or apperteyned or belonged to hym or that he shuld have had the seid 4th day of Marche or eny tyme after by the forfeiture of eny Persone in the Parlement hold at Weâ—â—minster the 4th day of November the seid first Yere attainted or by force of an Act of Forfeiture therin made other than by the Forfeiture of Margarete late called Queen of Englond And also that this Act extend not to any Graunte or Grauntes afore this tyme made to eny Lord not attainted of eny Annuite for the Sustentation of his Name and Estate nor to noon Office or Offices which were Office or Offices the seid 4th day of Marche or afore and needeth actuel Exercise graunted the seid 4th day of Marche or after to eny Persone or Persones for terme of his Lyfe or they re Lyfes with Fees Wages and Profites to the same Office or Offices afore the seid 4th day of Marche due and accustumed And also that all Yefts made by the Kyng the seid 4th day of Marche or eny tyme after under eny of his Seales to eny Persone or Persones of eny Office wheruppon noo charge hangeth nor nedeth to be of actuel Exercise or Occupation be from the seid Fest voide and of noo force nor effecte Also that all Grauntes made by the Kyng the seid 4th day of Marche or eny tyme after to eny Persone or Persones of eny Office or Offices with Fees and Wages then not due and accustumed nor apperteynyng to the same Office or Offices the seid 4th day of Marche be from the seid Fest as to the seid Fees and Wages not due and accustomed void and of noo force and effecte This Acte to be had and take with such Exceptions and Provisions as shall please the Kyng to make Then follow Three Savings made by the House of Commons 1 st For Sums issued to the Payment of the King 's own Debts 2. For Corporations Cities and Boroughs c. as to any Gift Grant Demise Lease Release Jurisdiction Authority Confirmation Ratification Licence Pardon c. granted by the Kings Henry the 4 th 5 th and 6 th 3. For Grants or Licenses given by the said Kings to any Person to found or make Fraternities Gyldes Hospitals c. or to purchase Lands for those Uses Then follow a prodigious Number 〈◊〉 Savings and Exceptions and so many as indeed seem intirely to defeat thâ— Design and Intention of the Act which in the 7th of the same Reign produc'd another Resumption This Heroick Prince who himselâ— had fought so many Battles and whâ— by his Courage from a private Person got to be King of England invites hiâ— People from the Throne to resume whaâ— had been plunder'd from the Crown iâ— the Words following 7 Edw. 4. Rot. Parl. N. 7. John Say and ye Sirs comyn to this my Court of Parlement for the Comon of this my Lond The Cause why Y have called and summoned this my present Parlement is Y purpose to to lyve upon my nowne and not to charge my Subgetts but in grete and urgent Causes concerning more tho we le of theymself and also the defence of theym and of this my Reame rather then my nowne pleaser as heretofore by Comons of this Lond hath been doon and born unto my Progenitours in tyme of nede wherein Y trust that ye Sirs and all the Comons of this my Lond wol be as tender and kind unto me in such Cases as heretofore eney Comons have been to eney of my seid Progenitours And for the good Wills kindnesse and true herts that ye have born continued and showed unto me at all tymes heretofore Y thank ye as hertily as Y can as so Y trust ye wol contenue in tyme comyng for the which by the Grace of God Y shall be to you as good and gracious Kyng and reigne as reight wisely upon you as ever did eney of my Progenitours upon Comons of this my Reame in days paste and shall also in tyme of nede aply my Person for the We le and defence of you and of this Reame not sparyng my Body nor Lyfe for eny jeopardie that mought happen to the same Ibid. N. 8. Memorandum Quod quedam Cedula formam cujusdem Actus Resumptionis in sâ— continentis exhibita fuit in presenti Parliâ—mento in haec Verba For divers Causes and Considerations concerning the Honour State and Prosperite of the Kyng and also of the Commonwele defence surete and welfare of this Reame and his Subgettes of the same it is ordeyned enacted and established by thadvyse and Assent of the Lords Spirituells and Temporells and Comons in this present Parlement assembled and by Auctorite of the same That the Kyng from the Fest of Ester last past have take seize hold and joy all Honours Castells Lordshipps Townes Towneshipps Manors Londes Tenementes Wastes Forestes Chaces Rentes Annuities Fermes Fee-fermes Reversions Services Issues Profites Commoditees which he was seised and possessed of the 4th day of Marche the first Yere of his Reigne or eny tyme after by resone of the Coroune of Englond the Duchie of Cornwaille Principalite of Wales and Erldom of Chestre or eny of theym in Englond Irlond Wales and Marches thereof or that apperteyned or belonged to hym the same fowerth day or eny tyme sin as paroell of his Duchie of Lancastre or by the forfaiture of Henry the Sixt late in dede and not in Right Kyng of Englond or eny Person atteynted sin the seid 4th day of Marche by auctorite of eny Parlement holden sin the seid 4th day or otherwyse attaynted by the course of the Comon Lawe of this Lond and passed from the Kyng under eny of his Seales to eny Persone or Persones in Fee-simple or Fee-taille terme of Lyfe or terme of Yeres and that the Kyng fro the seid Fest of Ester have hold and joye every of the Premisses in lyke estate as he had theym the seid fowrthe day of Marche or eny tyme after Also that all Yeftes Grauntes Ratifications Releses Leses Demyses and Confirmations made by the Kyng the seyd 4th day of Marche or eny tyme sin to eny Persone or Persones of eny of the Premisses in Fee-simple or Fee-taille terme of Lyfe or terme of Yeres under eny of his Seales be from the seid Fest of Ester void and of noo force nor effecte And furthermore it is ordeyned by the seid Advyse Assent and Auctorite That the Kyng from the seid Fest of Ester have take seise hold and joy all Honours Castells Lordshipps Townes Towneshipps Manours Londes Tenâ—mentes Rentes Services Possessions Enheritaments Issues profites and Comoditees which the full noble and famous Prynce Richard veray true and
before theym proved not to be made reared or assigned upon true Grounde or Cause of Duetee in likewyse to be voide and the Kyng therof quyte and discharged for evermore Then follow Sixteen Exceptions or Savings as to private Interests which the House of Commons make and they are much of the same Nature as those in the other Acts. Resp As touchyng this Bill of Resumption and the other Acte above specified concernynge Assignations made by the Kynge and the Fourme of Paymentes of his Dettes and all thynges comprised in either of the seid Billes and Acte and the other Matiers and Articules above specified the Kyngs Highnesse hath well conceyved and understond the same and by thadvyse and assent of the Lordes Spirituells and Lordes Temporells and the Comons beyng in this present Parlement and by the Auctorite of the same theym hath accepted and agreed So also that such Provisions and Exceptions as by his Highness be or shall be made and agreed and duryng the tyme of this present Parlement in Writyng to or upon the Premisses be good and effectuel the seide Bille or Acte or eny other the Premisses notwithstondyng for the Equyte and Right wis reward that the Kyng intendeth to do to every of his Subgietts for his Merites which shall be to the Pleaser of God and Honour of his Highnesse and the Wee l of all the Lond and People Then follow a great Number of Exceptions brought in by the King but they do not seem of that Nature as if it were design'd they should defeat the Intentions of the House of Commons as the Savinâ—s in the first Act of Resumption pass'd in this Reign plainly did So that at last both King and People appear to be in Earnest in this Matter But all the Acts of Resumption hitherto pass'd were not thought sufficient so that tho' we cannot find Richard the Third who succeeded Edward was any great Giver yet the Parliament in the Reign of Hen. 7. who was Successor to Richard believ'd another Resumption necessary Rot. Parl. 1 Hen. 7. p. 2. Anno 1. Hen. 7. Prayen the Commons in this present Parliament assembled That where the most noble and blessed Prince of most holy Memory King Henry the 6th your Uncle whom God rest and other your noble Progenitours have kept as worshipfull noble and honorable Estate of their Household in this Lond of the Revenues thereof as have done eny King or Prince in Englond christenned to the Ease and Rest of the People of the same without agrudging or lack of Payment therfore such as caused all other Londs to have this your said Lond in as worshipfull Renown and as great Dread as any other Lond christenned and for that the Revenuâ— of your said Lond to your Highnesse now belonging mowe not â—uffice to keep and susteine your honourable Household nor your other ordinarie Charges which must be kept and born worshipfully and honorably as it accordeth to the Honour of your Estate and your said Realm by which your Adversaries and Enemies shall fall into the dread wherin heretofore they have byn That it would please your Highnesse by thadvyse and assent of the Lords Spirituall and Temporall in this present Parliament assembled and by Auctoritie of the same for the Conservation and Suportation of your said Estate which first to Gods Pleasure secondarie for your own Suertie Honour and Weal and for the third to the universal Weal Ease Rest and Suertie of this Land the which you owe to preferre afore the Favour of any Persone or any Place or other Thing earthly to take seise have reteyne and resume into your Hands and Possession from the 21st Day of August last passed all such Castles Lordshipps Honours Manours Londs Tenements Rents Services Feefermes Knights Fees Advowsons Annuitees Yefts of Offices to yeve at your Pleasure Grantes of keeping Ideots Faires Markets Hundred Turnes Views of Frankplegge Leets Yssues Fines Amerciaments Libertees Fraunchises Prorogatives Escheates Custumes Reversions Remainders and all other Hereditaments with their Appurtenances whatsoever they be in England Wales Ireland of Caleys or the Merches thereof as the said most christen and blessed Prince King Henry the 6th your Unkle had of Estate of Enheritance or any other to his Use had the 2d Day of October the 34th Year of his Reigne or any tyme sith as parcell or in the Right and Title of the Crown of England of the Duchie of Lancastre the Duchie of Cornwall the Principalitie of Wales and the Earldome of Chester Saving to every of your liege People such Right Title and Interesse as they or any of them should have or might have had in or of the Premisses or any Parcel thereof other than by means of Lettres Patentes of any King of this your Realm or by Act of Parliament made after the said 2d Day And over this be it enacted ordeyned and stablished by the same Anctoritie that all Yefts Graunts Leases Releases Confirmations and Discharges of any Castels Honours Lordshipps Manours Lands Tenements Rents Services Reversions Annuites Feefermes Offices Liberties Fraunchises or other Hereditaments and all Appropriations Corporations Collations Assignments and Graunts of any Debt or Summes of mony by Letters Patentes or Tailles as to any Payment only whereof the Days of Payment have or shall grow after the 21st Day of August last passed made by Richard the 3d late in dede and not of right King of Englond any tyme during his usurped Reigne under his great Seale of the Countie Palatine of Chester or by Tailles to any persone or Persons or Body corporate and also all Yefts and Grauntes by Authoritie of Parliament or otherwyse made by Edward the 4th late King of England or by Edward his Son late called King Edward the 5th to any persone or persones be fro the said 21st Day of August adnulled void and of no force ne effecte And all Graunts made by the said Edward the 4th late King of or touching the Earldome of Devonshire or any Parcell thereof be from the same 21st Day also void and of no Force ne Effecte Then comes A Saving for some special Grants made by Edward the 4th and King Richard as to Lands of the County Palatine of Lancaster Chester or of the Earldome of March A Saving to Abbots Abbesses Priories in England or Wales as to the Restitution of any of their Temporalities A Saving for License to incorporate or found any Chantery c. Then follows And over this be it inacted ordeyned and stablished by the sayd Auctority that all Graunts and Letters Patentes of any Office made by our sayd Sovereign Lord afore the 20th Day of January the 1st Year of our Reign to any persone or persons be from hence forth void ne of no effecte A Saving for the great Officers and Others as to their Employments and Wages A Saving for the Patents of the Peers and their Creation-Money And to Corporations c. Then follow Ten Exceptions or Savings made by the House of Commons to
But 't is left to the Gentlemen of the Long Robe to determin in this Point However tho' this Doctrin of Non Obstantes invented perhaps first to enlarge the Prerogative for the People's benefit and made use of afterwards to extend it to the King and People's Damage may have heretofore receiv'd Countenance in Westrninster-hall there is another Place where in no Age it has met with Favour And the Reasons why so many Resumptions have been made might be First That it gave Offence to the Legislative Authority to see the Ministers make use of this dispensing Power Secondly That it appear'd the Suggestions were wrong upon which the Grants were grounded That is that the Soveraign did not proceed Ex certa Scientia namely that he was surpris'd and misinform'd in the value of the Thing given That he did not proceed Ex mero motu but that the Gift was wrested from him by his importunate and undeserving Courtiers That he did not proceed Ex Speciali Gratia but was rather induc'd to bestow the Favour through the necessity of his Affairs to quiet some great Man or to please some powerful Party And in all probability upon such or the like Accompts Parliaments have look'd into Grants and the best Princes have not thought it dishonorable to join in Revoking what had been thus Extorted from them And as to the distinction which the Lawyers make between Directive and Coercive Admit the Forms by which the Law has directed all Grants shall pass should be only Directive to the Soveraign and devised for his greater Ease and Safety yet without doubt they are Coercive to his Ministers No Law-givers ever intended that a solemn Law made upon mature Deliberation and prescribing a Rule in high Affairs of State should have no effect at all But the 27 Hen. VIII which Chalks out to the Secretary Lord Privy Seal and Lord Chancellor the regular Steps they are to make in passing Grants would be of no sort of signification if they may pass per Saltum and by immediate Warrant without being enter'd in the several Offices When Parliaments advise the Prince 't is humbly submitted to his Wisdom whether or no he thinks fit to approve of their Councils But when by a written Law they give Advice and lay down Rules and Directions in Matters of State for the Ministers to walk by and observe without doubt they intend Advice so solemnly given should be follow'd Hitherto we have mention'd the Cautions Provisions Restrictions and Forms which our Ancestors establish'd and made use of to preserve the King's Revenue by which the Publick was to be supported But notwithstanding all this the Wickedness of Men was either too Cunning or too Powerful for the Wisdom of the Laws in being And from time to time Great Men Ministers Minions and Favourites have broken down the Fences contriv'd and settled in our Constitution they have made a Prey of the Common-wealth plum'd the Prince and converted to their own Use what was intended for the Service and Preservation of the State We shall therefore proceed to show That to obviate this Mischief the Legislative Authority has all along interpos'd with Inquiries Accusations and Impeachments till at last such dangerous Heads were reach'd For as Courts have been watchful to Rob the Prince so antiently the Barons and afterwards Parliaments from time to time have been as vigilant to prevent his Ruin showing in the progress of their Councils great Wisdom mixt with Duty and Temper join'd with Courage The first Great Person whom we find question'd since the Norman Government was Ranulphus Bishop of Durham who bore the Office of what we now call * Dugdale Series Chronica p. 1. Lord Treasurer of England in the time of William Rufus This Man had been the Principal Instrument of the Profusion and of what is its Consequence those Extortions that disgrac'd the Reign of Rufus Of whose times William of Malmsbury speaking says None were then Rich but such as dealt with the Exchequer * Will. Malms p. 123. Nullus Dives uisi Nummularius This wicked Minister was brought to Punishment by Henry I. who cast him into Prison and loaded him with Chains Matthew Paris says †Mat. Paris p. 56. De Communi Consilio Gentis Anglorum posuit eum Rex in vinculis Malmsbury gives him this Character * Wil. Malms p. 123. Radulphus Clericus ex infimo genere hominum Lingua Assiduitate provectus ad summum Expilator Divitum Exterminator Pauperum Confiscator alienarum Hereditatum Invictus Caussidicus cum verbis tum rebus immodicus nec aliorum curaret odium dummodo complaceret Dominum It seems he was a little insolent Fellow who by his fluent Tongue and cringing at Court had got Power enough to do much hurt in England A mischievous Tool against the Publick as well as an Oppressor of private Men Subtle to invent Wickedness and Bold to put it in Execution and one who would stick at nothing to raise himself Matthew Paris speaking of him says he was †Mat. Paris p. 56. Homo perversus ad omne Scelus paratus quem Rex constituerat Procuratorem suum in Regno ut evelleret destraeret raperet disperderet omnia omnium bona ad Fifci Commodum comportaret We have thus painted out this Statesman in the Colours as he is represented by those two Venerable Writers And he so much resembles several bad Ministers who in the Ages since have succeeded both to his Post and Power that one would think they had chosen to take him for their Pattern In the 5 of Edward II. Pieres de Gaveston was accused in Parliament for having given the King ill Council and for having cheated the King of his Treasure and sent it beyond Sea and for having Estranged the King's Heart from his People so as he slighted their Councils and for having remov'd all faithful Ministers and plac'd only his own Creatures or Foreigners about the King and for having caus'd the King to grant Lands Tenements and Offices to himself and his Heirs and to divers other People insomuch that by his Wealth he was become dangerous to the great damage and injury of the King and his Crown For which he was Banish'd the Realm so as if he return'd he should be treated as an Enemy to the King Kingdom and People But take the Words of the Record because 't is very curious Rot. Ord. 5. Edw. 2. Num. 20. Purceo qe conue chose est per le examinement de Prelatz Countes Barouns Chivalers autres bones Gentz du Roialme trovez qe Pieres de Gaveston ad Malmeuez mal Conseillez nostre Seignour le Roy lad enticee a malfaire en divers Manieres deceivances en accoillant a lui toute le Tresor le Roi lad esloigne hors du Roialme en attreant a lui royal Poer royal Dignite come en aliaunce faire de Gentz par sermentz
voie sy avaut come vous le poez destourber et sy vous ne poez destourber vous le ferez savoir clerement et expressement au Roy ensemblablement ove vostre loyal avis et Conseil et qe vous ferez et purchasarez le profit le Roy par tout ou vous le purrez faire resonablement Si dieu vous eide et les Seints Evangieles Prient qe ce lu et bien entendu et considerez les Circonstances de son dit responce sy bien Cest assavoir de ce qe nad pas dedit qe il ne receut du don le Roy puis qil estoit fait Conte estant en l office de Chanceller diverses Terres et Tenements come contenu est en le Empechement come qil ad conus ouvertement qil recent du Roy autres Terres et Tenements qe sont certeins et seures a la value de qatre Cents Marcs per an en Exchange de qatre Cents Marcs annuels qeux il avoit sur la Custume de Kyng ston sur Hull qe sont casuels et nemy sy seures nient enformant le Roy clerement de son damage celle partie et coment qil ad dit qil receut parties desdites Terres et Tenements issint pris en change devant qil estoit Chanceller les Communes dient qil estoit lors du Prive Conseil du Roy et a ce jurez et puis en la Creation del Office de Chanceller astrict de Nouel per serement et il en cel Office Agreant as Exchanges par luy devant suppliez prist et receust du Roy le remenant desdites Terres et Tenements en plein perfourmessement des Exchanges susdits et demandent Judgement du Parlement surtout son responce des susdits So that for the Insufficiency of his Answer the following Judgment was given Rot. ibid. Num. 13. Et purce qe le dit Conte ne allegea point â—n son Responce qil observe le effecte de son ferement en ce qil jurrast qe il ne saveroit ni ne suffreroit le damage ne la desheritison du Roy ne qe les droitures de la Corone fussent destruits par uulle voie sy evant come il les poiast destourber et si il ne les poet destourber il le feroit savoir derement expressement au Roy ensemblablement ove son loyal avise Counseil qil feroit purchasseroit le Profit le Roy per tout ou il le pourroit fair resonablement Et il tant come il estoit ainsy principal Officer du Roy Sachant le Estat necessite du Roy du Royalme prist du Roy tiels Terres Tenements come est suppose par le Empechment a luy en le dit premier Article surmis coment qil alleged en son responce qe les dons a luy issint faits furent confirmez par plein Parlement il ny a nul tiel record en Roulle de Parlement Purquoy Agardez est qe tous les Manoirs Terres Tenements Rents Services Feos Avoesons Reversions Profites ove lour Appurtenances per luy issint receus du Roy soient Reseisez reprises en les Mains du Roy a avoir tenir a nostre dit seigneur le Roy et ses Hoirs sy pleinement enheritablement come il les avoit tenoit devant le don eint fait al dit Conte et qe toutz les Issues et Profits ent receus ou leves al Oeps du dit Conte en le mesme temps soient levez al Oeps nostre Seignour le Roy des Terres et Chastelx du dit Conte illoques et aillours Mes ne est pas le Intention du Roy ne des Seignours qe celle Jugement sestende de luy faire perdre le nom et le Title de Conte ne les vingt livres Annuelx quex le Roy luy grana prendre des issues du Conte de Suffolk pur le Nom et Title avantdits Et outre purceqe le dit Conte nadpas dedit qil nestoit du prive Conseil du Roy et a luy jure quand il demanda primes du Roy la dit Exchange estre faite et ad conu qe devant les dites Exchanges perfourmes il fut fait Chanceller en qel Office il fust astrict per son serement faite en la forme avant dite So that it appears plainly from this Record That King Lords and Commons took it to be a Crime in the Lord Chancellor and against his Oath to take Lands in Gift or in Exchange from the King for upon the Chancellors Oath the Judgment was grounded it being in those Days thought and understood that he who was sworn to purchase the King's Profit should not inrich himself with the Revenues of the Crown and as the Record says that he chiefly ought not to do so who was le Principal Officer and who knew the State and Necessities both of King and Kingdom And it was a very odd Circumstance of those times that the Legislature should be necessitated to relieve the King against Frauds committed by the Principal Judge in Equity and by the Keeper of his Conscience Anno 11. Rich. II. The Legislative Authority was not satisfied with what had been done the Year before against this Chancellor but it was thought fit to proceed farther against Him and other bad Ministers who had attempted to overthrow the Constitution of this Kingdom The Duke of Glocester Uncle to the King and Constable of England the Earl of Darby the Earl of Arundel the Earl of Warwick and Thomas Earl Marshal accus'd Michael de la Pool and others of High Treason the Term then us'd was they Appeal'd 'em of Treason * Rot. Parl. 11 Rich. 2. p. 2. m. 7. Thomas Duc de Glocester Conestable d Engleterre Henry Conte de Derby Richard Conte de Arundel de Surry Thomas Conte de Warwick Thomas Conte Mareschal Appellons Alesandre Ercevesque Deverwik Robert de Verr Duc d Irland Michael de la Pool Conte de Suffolk Robert Treselian faux Justice Nicholas Brembre faux Chivalier de Londres de Hautes Trahisons par eux faits encâ—ntre nostre Seignour le Roy son Royalme Come Traitours Ennemies du Royalme Qeux Appel Trahison sont declarez Appointex Specesiez pleinement sy come est contenu en diverses Articles desous Escripts Et Priont qe les dits Appelles soient demandez et qe droit et Justice ent soit fait en cest present Parlement Then these Lords exhibited against Michael de la Pool and the rest 39 Articles of High Treason In the 5th 6th and 7th Articles they are accus'd for having procur'd to themselves and others and to their Kindred Grants of the Crown-Lands in England and Ireland besides Gifts of Mony to the Value of above One Hundred Thousand Marks by which the
and seid they were too horrible to speke more of theym and seid openly to the Kyng and all the Lordes that all the Articles comprehended in the seid Bille touchyng the Kyngs high Persone and thastate of his Royalme he trusteth to God he hath answered hem sufficiently for he hath denyed the Dayes the Yeres the Places and the Commumications hadd which were never thought nor wrought seying utterly they benâ—fals and untrue and in manner impossible for he seid soo grete thyngs coud not be done nor brought aboute by hymself alone onlesse that other Persones had doon her partie and be privy therto as well as he and he toke his Soule to perpetuel Damnation yf ever he knew more of thoo Maters than the Childe in the Moders Wombe And soo he not departyng from his seid Answers and Declaration submytted hym hooly to the Kynges Rule and Governance to doo with hym as hym list wheruppon the seid Chaunceller by the Kynges Commaundement seid unto hym ageyne in this Fourme Sire y conceyve you that ye not departyng from youre Answers and Declarations in the Matters aforeseyd not puttyng you uppon youre Parage submitte you hooly to the Kynges Rule and Governaunce Wherfore the Kynge commandeth me to sey you that as touchyng the grete and horrible thynges in the seid first Bille comprised the Kyng holdeth you nether declared nor charged And as touchyng the second Bille putte ayenst you touchyng Misprysions which be not Crymynal the Kynge by force of youre Submission by his owne Advyse and not reporting hym to thadvyse of his Lordes nor by wey of Judgment for he is not in place of Judgment putteth you to his Rule and Governaunce That is to say that ye before the first day of May next comyng shall absent your self out of his Reame of Englond And also from the seid first Day of May unto the end of five Yeres next following and fully complete ye shall absteyne to abyde in the Reame of Fraunce or in eny other Lordshippes or Places beyng under his Obeysaunce whersoever they be And that ye shull not shewe nor wayte nor no Man for you as far forth as ye may lette it no malice evil will harme ne hurte to eny Persone of what degree he be of or to eny of the Commons of this Parlement in noe manner of wyse for eny thing doon to you in this seid Parlement or elles where And forthwith the Viscount Beamount on the behalf of the seid Lordes both Spirituels and Temporelx and by their Advyse Assent and Desire recited seid and declared to the Kyngs Highnesse that this that was so decreed and doon by his Excellence concernyng the persone of the seid Duke proceded not by they re Advyse and Counseil but was doon by the Kyngs own demeanaunce and rule wherfore they besought the Kynge that this their seiyng myght be enacted in the Parlement Rolle for theyr more declaration hereafter with this Protestation that it should not be nor tourn in prejudice nor derogation of theym theyr Heyres ne of theyr Successors in tyme comyng but they may have and enjoy they re Lybertee and Freedome in case of theyr Parage hereafter as freely and as largely as ever they or eny of they re Auncesters or Pedecessours had and enjoyed before this tyme. Thus William de la Pool Duke of Suffolk the Kings Favourite and the Queens Minion was impeach'd by the Commons and banish'd by the Regal Authority Graft Chron. p. 609. Grafton speaking of him says He was notorious for enrychyng Hymself with the Kynges Goods and Lands gathering together and making a Monopoly of Offices Fees Wards and Ferms by reason whereof the Kynges Estate was greatly mynished and decayed and he and his Kin highly exalted and enriched Ibid. p. 610. Besides the same Author says He had dipp'd his hands in Blood having been a chief Instrument in contriving the Murther of Humphry Duke of Gloster But Sanguinary Men seldom escape unpunish'd for this Duke of Suffolk had his own Head struck off upon the side of a Cock-boat by a Servant belonging to the Duke of Exeter Cot. Post p. 280. In his Speech to the House of Commons Sir Robert Cotton cites an Old Author who gives an admirable Description of those times He says I will tell you what I found since this Assembly at Oxford written by a Reverend Man twice Vice Chancellor of this Place his Name was Gascoin a Man that saw the Tragedy of De la Pool He tells you that the Revenues of the Crown were so rent away by ill Council that the King was enforced to live deTallagiis Populi That the King was grown in debt quinque centena millia librarum That his great Favourite in treating of a foreign Marriage had lost his Master a foreign Duchy That to work his Ends he had caus'd the King to adjourn his Parliament In villis remotis partibus Regni where few People propter defectum hospitii victualium could attend and by shifting that Assembly from place to place to inforce I will use the Authors Words illos paucos qui remanebant de Communitate Regni concedere Regi quamvis pessima When the Parliament endeavour'd by an Act of Resumption the just and frequent way to repair the languishing State of the Crown for all from Hen. 3. but one till the 6 of Hen. 8. have used it this great Man told the King it was Ad dedecus Regis and forced him from it To which the Commons answer'd although Vexati laboribus Expensis quod nunquam concederent Taxam Regi until by Authority of Parliament Resumeret actualiter omnia pertinentia Coronae Angliae And that it was Magis ad dedecus Regis to leave so many poor men in intolerable want to whom the King stood then indebted Yet could not all good Council work until by Parliament that bad Great Man was banish'd which was no sooner done but an Act of Resumption followed the Inrollment of the Act of his Exilement Sir Robert Cotton that learned Antiqary is so intirely in the Right in this Assertion that whoever looks over the Records will find that there is not so much as a line interposed between the Proceedings against the Duke of Suffolk and the Act of Resumption so quickly they followed one another Which ought to be a perpetual Notice and Lesson to Posterity that when the People of England desire an Act of Resumption the Work must begin with Impeaching Corrupt Ministers We have hitherto produc'd Impeachments of elder Times which perhaps the Persons concern'd in point of Interest will call old musty Records We shall therefore now proceed to show some Presidents of a later date As our Ancestors held it a Crime for Men to procure to themselves Offices above their Capacity and Gifts and Grants from the Crown beyond their Deserts so in this latter Age the House of Commons have thought the like Proceedings not for the King's Honour and dangerous to the Publick 2
for ever It pass'd in the Negative by 39 Voices Resolved That a Committee be appointed to consider of the Articles against the Earl of Arlington and to report what Matter is therein contained and can be prov'd that is fit for an Impeachment Committed to Mr. Crouch c. Memorandum The Committee never made their Report for the 24th of March the Parliament was Prorogued to the 10th of November 1674 and so the Matter fell Journal of the House of Commons Lunae 26 die Apr. 1675. A Charge or Impeachment against Thomas Earl of Danby Lord High-Treasurer of England containing several Offences Crimes and Misdemeanors of a very high Nature being presented and opened to the House and afterwards brought in and delivered at the Clerk's Table and read Art 6. That the said Earl hath procured great Gifts and Grants from the Crown whilst under great Debts by Warrants counter-signed by himself The 2d Article of the Impeachment being read and the Matter thereof debated Resolved That before the House do proceed farther in the Debate of this Article they will hear the Witnesses The Witnesses were heard then the House Adjourn'd Lunae 3 die Maii 1675. The House then proceeded in the farther Consideration of the Articles against the Lord-Treasurer And 3d. 4th 5th 6th and 7th Articles being read and the Question being severally put Whether any fit Matter doth appear in the Examination of those Articles to impeach the Lord-Treasurer It pass'd in the Negative Journal of the House of Commons Sabbati 21 die Decemb. 1678. Articles of Impeachment of High Treason and other High Crimes Misdemeanors and Offences against Thomas Earl of Danby Lord High-Treasurer of England were delivered from the Committee Art 5. That he hath wasted the King's Treasure by issuing out of His Majesty's Exchequer and several Branches of his Revenue divers great Summs of Money for unnecessary Pensions and secret Services to the Value of 231602 l. within Two Years And thus he hath wholly diverted out of the known Method and Government of the Exchequer one whole Branch of His Majesty's Revenue to private Uses without any Account to be made thereof in the Exchequer contrary to the express Act of Parliament which granted the same And he hath removed two of His Majesty's Commissioners of that part of the Revenue for refusing to consent to such his unwarrantable Actings and to advance Money upon that part of the Revenue for private Uses Art 6. That he hath by indirect Means procur'd from His Majesty for himself divers Considerable Gifts and Grants of Inheritance of the Ancient Revenue of the Crown even contrary to Acts of Parliament Ordered That the Articlee of Impeachment against the Lord High-Treesurer be Engrossed and that Sir Henry Capel do carry them up to the Lords on Monday Morning next We have cited these two presidents relating to the Earl of Danby to shew when the old Whigs were in the supermest Perfection of their Virtue and Publick Zeal That they then thought it a High Crime and Misdemeanor For a Minister to Picture to himself Giants out of the King's Revenue By the Authorities and Presidents we have quoted it appears manifestly that our Ancestors have from the first Institution of this Government very highly resented such Proceedings But here it may be asked how a Statesman is to behave himself when the Prince is inclin'd to Liberality and overborn with Importunities to give away what should subsist Him and the State To which we answer That the Lord Chancellor's Oath plainly directs the Minister in his Duty Ye shall neither know nor suffer the King 's Hurt nor his Disheriting nor that the Rights of the Crown be distressed by any Means as far forth as ye may let it And if ye may not let it ye shall make Knowledge thereof clearly and expresly to the King with your True Advice and Council By which Words without doubt the Law must mean and the Chancellor's Oath is part of our Law and Constitution That this high Officer is to oppose with all his Power and Intrest what he sees tending to the King and Kingdom 's Prejudice and if he finds a great Number of Grants passing the Law intends by binding him with such an Oath That he should from time to time represent to the King his Debts the Taxes and Necessities of the Nation But suppose that notwithstanding this Representation the Prince will have the Grant to proceed how is the Minister to act in such a Case Without doubt he is then to consider this Maxim of our Law That the King can do no hurt and that the Minister only is accountable for any Male-Administration He is to contemplate what high Officers in the State have been impeached upon the like Account and without all Controversie he is rather to leave the Court and quit his Employment than to do a thing which cannot be justified by the Laws and Constitution of this Kingdom * Daniel P. 134. Simon Normannus Keeper of the Great Seal under Henry III. and Jeffery his Brother both Knights-Templars and Men in great Powrr suffer'd themselves to be turn'd out of their Employment rather than to pass a Grant from the King of Four Pence upon every Sack of Wool to Thomas Earl of Flanders the King's Uncle P. 519. †Matthew Parris speaking of these two Brothers being put from Court says Seminarium Causa praecipua fuit hujus Irae Regiae quod idem Simon noluit consignare quoddam detestabile Scriptum contra Coronam Domini Regis confectum Cujus Tenor talis fuit ut Comes Flandriae Thomas perciperet de quolibet sacco Lanae delatae ab Anglia per partes suas Telonium Scilicet de quolibet sacco quatuor denariorum Nec Galfridus Templarius huic enormi facto consensit licet Rex ad hoc avide nimis anhelaverit 'T is true Men are very unwilling to quit Great Employments attended with much Wealth and High Honours and the common Excuse of such as comply more than they ought is That others will be readily found to do the same thing So that they shall prejudice themselves without any Advantage to the Publick Nay they often pretend to remain at Court only to prevent greater and farther Mischiefs Suppose then this to be Case and that the Tide runs so strongly one way that no single Minister in his Station is able to stem it and that the Prince will divest himself of his Revenues notwithstanding he is otherwise advis'd what does the Constitution of this Kingdom require from a Lord Chancellor a Lord Treasurer Lord Privy-Seal and the Secretary of State when such Measures are taken What Proofs will clear them before the whole World that they are no ways consenting to such Proceedings and that things are carried by an irresistible Strength against that Council they would be thought to give Without doubt they stand justified before a Parliament and in the Opinions of the People if they give manifest Evidence that their
made for the Expences of the current Year But the Honour of the House of Commons and the Credit of the Nation seem absolutely engaged to make good several Deficiencies to which we are not only bound by Publick Faith which ought to be inviolable but by direct and express Clauses in Acts of Parliament so that when a Law has Enacted That such a Debt should be paid by a prefix'd time all Ways and Means ought to be thought upon to make that Promise good not so much for the sake of Credit to go a borrowing with which Parliaments can hardly loose but to keep sacred the Dignity and Majesty of the Common-wealth There is no Man will pretend to say but that the Ways and Means of raising Mony are extreamly difficult Almost every Branch of our home Consumption has a Load upon it Our Foreign Traffick is already more charg'd than can possibly consist wich the Interest of a Trading Country Three Shillings per Pound with the strictness 't is now levyed is such a Weight that if it be much longer continu'd must in time certainly ruin all the less Free-holders and greatly hurt the Gentry of this Kingdom To lay farther Excises upon the same Commodities cannot be done without apparent prejudice to the Duties already granted the same will hold in laying higher Customs To charge Land for any long term of Years in times of Peace is a thing unheard of among our Ancestor and tho' past Conduct has made it perhaps unavoidable for some Years to come yet the People will think themselves very ill dealt with by their Representatives if Care be not taken to lay as few Burthens upon their Land as possible Some indeed have been of Opinion that the Deficiencies may be satisfy'd and that the Debts may be paid by prolonging the Fonds already granted for a further term of time but others who love their Country have thought it dishonourable and dangerous that England should be so long pawn'd and continue for so many Years in Mortgage They think it not safe for our Constitution nor consistant with our Civil Rights that there should be levyed in this Kingdom for any number of Years near four Millions annually in Customs Excises and such like Duties which in some future Reign bad Ministers may perhaps seize upon and intercept by stopping the Exchequer in order to set up an Army and to subsist without a Parliament Of this good Patriots will be always apprehensive and have therefore ever abhorr'd these long Fonds which all the Neighbouring Princes round about us have constantly made use of for subverting the Liberties of their People Some without Doors have been for trying such wild Projects as was that of increasing the number of Exchequer-Bills which indeed was a good Expedient to lull our Creditors asleep and to quiet Things for the present while certain Persons might have the Opportunity of doing their own Business and of Building up their own Fortunes but the Publick could thereby have reap'd no Benefit On the contrary this Calm in our Affairs and the not being press'd by any clamorous demands would have occasion'd and encourag'd still more and more bad Husbandry and at last the Debt must have come upon us with the addition of a heavy load of Interest besides which is unanswerable if a War had overtaken the Nation with such a Debt upon it all due and demandable at a Day Publick Credit must have sunk at once upon which would have follow'd Ruin without Redemption Good Patriots will never think England can be effectually reliev'd by any Ways and Means of raising Mony but such as shall sink part of the Principal Debt and hinder us from being eaten up by that Canker of Vsury which has been so destructive to this Government Nor will English-men we mean such of 'em as consider at all think that Trade can flourish or that Liberty is intirely safe 'till our Payments to the Publick are reduc'd to what they were before the War viz. two Milions Yearly for this Nation will be ever apprehensive That such mighty Sums as we now pay may hereafter in the Reign of some other Prince be turn'd against the People tho' given and granted for their Preservation Since therefore the common Ways and Means of raising Money may be dangerous in their future Consequence or a present Burthen upon the Nation it imports good Patriots to consider whether or no the Necessities of the Government may not be supply'd by the Methods which our Ancestors have so frequently put in Practice By which we mean whether or no a Resumption of such Lands in England and more especially in Ireland as have lately been granted away from the Crown would not be a great Relief and Ease to the People in their Taxes If a Resumption can be made without breaking into the Rules of Justice or without bringing any Reflection upon the King whose Honour above all things ought to be regarded and if thereby two Millions can be rais'd to come in the room and place of a Land-Tax very few People will think it strange for the Legislative Authority to exert it self in a matter so much for the Common Ease and Benefit And where the Publick is so deeply concern'd but very few Persons will consider or consult the private Interest of such as have procur'd the Grants Therefore in handling this Subject we shall endeavour to examin into and state these following Points I. How far it is consistent with the Honour of a Prince to desire and promote a Resumption by Act of Parliament II. What Interest the People of England have in the Lands granted away and especially as to the forfeited Estates in Ireland III. How far in an Act of Resumption it is just and reasonable to look backwards 1st How far it is consistent with the Honor of a Prince to desire and promote a Resumption by Act of Parliament There is nothing more evident in our Histories than that the most magnanimous of our Kings have been the most free in confirming to the People their Antient Liberties Magna Charta as it is now deriv'd down to us was modell'd by Henry the 1st a Math. Par. fol. 74. Prince famous for his Military Virtues which was confirm'd by Stephen a King active enough in the Field This Sheet-Anchor of our Liberties was yet more strengthen'd by Edward 3d as Renowned as any of our Kings for Personal Valour and Victories abroad That which heretofore by Flatterers and Corrupt Ministers has been call'd Prerogative was never insisted upon but by weak and effeminate Princes who desir'd that their Immoderate Appetites of doing Ill might be justifi'd and strengthen'd by more Power than was allow'd 'em by the Laws Magnanimous Kings have always thought That the Royal Prerogative consisted chiefly in the Power of doing Good to so many Millions of Men who depend upon their Wisdom and Courage Henry the 4th that Heroick Prince who obtain'd the Crown by his own Personal Merits was so
far from thinking his Prerogative injur'd by Acts of Grace and Favour by which good Government might be promoted that he himself desir'd of the House of Commons that his whole Privy Council might be named and Established Rot. Parl. 7 8. Hen. 4. Num 31. in Parliament Et rehercea outre coment l'Erceveqe de Canterbirs lour avoit fait report qe le Roy vorroit estre conseilez per les pluis sages Seignours du Royalme lesqeux deussent avoir survieu de tout ceo qe seroit fait pur la bone Gouvernance de son Royalme A qel cbose faire le Roy sagrea rehercea per son bouche propre qil fuist savolonte entier Et sur ceo fust lue une Bille fait per le Roy mesme de sa volonte propre de les noms des Seignours qi seront de son Conseil Afterwards the Privy Counsellors are actually nam'd in the Bill and the Lord Chancellor Lord Treasurer Privy Seal and other great Officers are therein directed to act nothing of Importance without the concurrent Advice of the rest of the Council Et qe Billes a endorser per le Chambrelayn Lettres dessous le Signet de nostre dit Seignour le Roy a Adressers autres Mandements a doner as Chanceller Tresorer Gardien du Privee Seale autres Officiers qeconqes desore en avant en tielx Causes come desuis seront endorsez ou faitz per advys du Conseil Et qe les dits Chanceller Tresorer Gardien du Privee Seale autres Officiers ne facent en tielx Causes si non per advys du dit Consil The King goes on farther and desires his own Authority may be circumscribed in several Points and yet when he made those Concessions he was neither in his Nonage nor did he doat nor was he press'd by any Insurrection of the People and 't is notorious he neither wanted Policy nor Courage But 't is rather probable that he thought it Honest and Wise and no diminution to his Honour to oblige that People with wholsome Laws and good Government who had given him the Crown and who had been at such Expences to support his Title Magnanimous Kings have not only been Favourers of Publick Liberty but they have likewise been frugal of the Peoples Money as appears in the Instances of Henry the 1st Henry the 2d Edward the 1st Henry the 4th Henry the 5th Henry the 7th and Q. Elizabeth which shows how wrong their Notion is who think Wise and Thrifty Princes dangerous to the Freedom of a Country whereas profuse Kings such as John Henry the 3d Edward and Richard the 2d did not ouly waste the Nations Treasure but every one of 'em compell'd the People to fight Pitch'd Battles in defence of their Civil Rights Gallant Princes desire to make the People easie Henry the 4th of France our present King 's great Grand-Father said once he hop'd to order Matters so that every Man in his Kingdom should have a boil'd Capon to his Dinner None of the Apothegms utter'd by great Men and so much commended by the Antients could become the Mouth of a King so well as this Noble and Well-natur'd Saying 'T is probable had he liv'd he would have brought it about which if he could have done 't would have been a nobler Trophey to his Fame than all the Victories he had obtain'd The Honour of a King consists chiefly in doing good to the Universal Body of his People and the Publick Welfare is to weigh with him above all other Respects He is often to divest himself of the narrow Thoughts which sway among private Men and he can hardly be a good Ruler unless he does now and then in his Politick what he would not do in his Natural Capacity He is a Person intrusted by the Common-Wealth and what he acts in discharge of that Trust cannot be call'd dishonourable The Commons in the Resumption made 1 Hen. 7. tell the King in their Bill It is for his own Suerty Honor and Weal and for the Vniversal Weal Ease Rest and Suerty of his Land the which he ought to prefer before the Favour of any Person or any Place or other thing Earthly The same Words made a part of the Preamble in most-of the other Bills of the like Nature by which it appears to have been the continu'd Sense of our Ancestors that the Reputation of a Prince was never injur'd by Acts wherein the Ease and Relief of his People was consulted 'T is true such a Minister as the Chancellor de la Pool had other Sentiments and gave Advice of another kind being willing to countenance his own Depredations by the Example of others Such as he may engage the King's Honour in the Protection of their Crimes so to shelter themselves under his Wings and pretend things lessen his Fame which will only lessen their Estates But good Ministers have always thought that nothing could more hurt the Reputation of a Prince than to be reduc'd by Profusion to Courses by which his Country must be opprest with Taxes 'T was a common practice with the Duke of Sully to obstruct and often to vacate his Masters Gifts and Grants yet this great Man was sufficiently jealous of his Princes Fame In Spain Henry the Amirante Pacieco d' Ascolone and Henry de la Fortuna three Grandees had obtain'd of Ferdinand each of em a Million of Livres of Gold charg'd on the Revenue of Peru and should have receiv'd it at the Return of the Plate-Fleet but Cardinal Ximenes utterly * Bandier le Ministere du Card. Ximenes annulled these immoderate Gifts tho' de la Fortuna was the King's own Kinsman saying The Revenue of Princes tho' great in it self is always too little for the Necessities of the State And notwithstanding the Spanish Punto of Honor we do not find this Proceeding resented by King Ferdinand Before his Greatness was so establish'd seeing a very disadvantagious Farm of the Silks of Granada let for Ten Years by the Advice of Don Manuel the Treasurer to which the King had consented and which was offer'd at Council to be seal'd he took the Charter and tore it pnblickly of which the Pieces are kept among the Records of Arcala as a Memorial of this Ministers Courage and Integrity saying Salto Don Manuel were you not my very good Friend the King should cause your Head to be taken off Dare you make Grants so prejudicial to the State Nor did Phillip the 1st take it ill that his own and his Favourites Doings were thus revoked We agree that Princes in all their Actions are to consider Fame because Opinion is one of the main Pillars to support their Authority But let any reasonable Man answer Is it not more glorious for a Prince to let the whole People under his Reign enjoy Ease and Plenty without new Impositions and Duties than to enrich a few Minions and Favourites with the Spoils of a whole