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A37160 A discourse upon grants and resumptions showing how our ancestors have proceeded with such ministers as have procured to themselves grants of the crown-revenue, and that the forfeited estates ought to be applied towards the payment of the publick debts / by the author of the Essay on ways and means. Davenant, Charles, 1656-1714. 1700 (1700) Wing D304; ESTC R9684 179,543 453

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out of several Mannors Insomuch that * Fol. 523 Ordericus Vitalis says William the Ist had coming in L 1061-10-1 ● per diem of Sterling Money which the Value of Money in those Days consider'd was a prodigious Income † Jervais of Tilbury says indeed That at * Jerv Tilb. Dial. de Scacc. that time all the King's Tenants paid their Rents in Kind But this will appear manifestly otherwise to any one that looks into Dooms-Day-Book And tho' Ordericus may have given us an Account somewhat too large yet considering the Number and Value of his Mannors and the Number of Knights Fees which were Sixty thousand out of which Escuage might be Levy'd in times of Action he had without doubt a very great Revenue either for Peace or War * Cotton Post pa. 179. Sir Robert Cotton says The Article of Terra Regis in Dooms-Day-Book consisted in such Lands as K. William found Edward the Confessor had been in Possession of and that to Alienate this Revenue from the Crown was held Impious by our Fore-Fathers Most certainly in this Universal Survey there was inserted whatever the Kings had claim'd to the time of Edward But there was good Reason to think that he added to the Terra Regis such Lands as he pretended were Forfeited by those who had ingag'd in the Battel of Hastings and the Estates of the Barons and other great Men who afterwards from time to time Revolted from him Part of which Lands he annexed to the Crown distributing the rest with a reservation of certain Quit-Rents among his Norman Followers By this Accompt it appears That this Founder of our present Government left to succeeding Kings a fair Inheritance sufficient to maintain their Estate and Dignity at Home and capable to Defend the Realm against Invasions from Abroad But this Model of a Politick Constitution easie both to King and People was somewhat shaken even by his next Successor William Rufus who not only wasted the vast Treasure left by his Father but also run into such Profuseness as forc'd him to Harrass the whole Kingdom He alienated the Crown-Lands And * Dan. p. 44. Daniel says He was compell'd to resume his own Grants William of Malmsbury speaking of this Prince says * Will. Malms p. 122. Plures Patrimonia sua effudere inconsulte largiendo Quid vero est stultius quam quod libenter facias curare ne diutius facere possis It aque quidem cum non habent quod dent ad Rapinas convertuntur majusque odium assequntur ab iis quibus auferunt quam beneficium ab iis quibus contulerunt Henry the Ist who succeeded had all the Qualifications belonging to a Wise and Provident Ruler He brought to Punishment Ranulphus Bishop of Durham who had been the chief Adviser of all the Irregularities Profusions and Exactions of the last Reign * Ord. Vit. Fol. 822. He likewise took into his own Possession all his Father's Lands and Lordships in Normandy which his Brother had squander'd away and by the Judgment of Wise Men made those Gifts void which imprudently had been bestow'd upon undeserving Persons After the Death of Henry Stephen the Third Son of the Earl of Blois by Adela the Fourth Daughter of William the I was Elected King He found in his Uncle's Treasury 100000 l. besides Plate and Jewels of an immense Value Having no good Title to the Crown he was forc'd to purchase the good Will of the Principal Men by Gifts * Will. Malms Hist Nov. pa. 180. Multi siquidem quos vel Nobilitas generis vel magnitudo animi vel potius viridioris aetatis audacia ad illicita praecipitabat a Rege hi Praedia hi Castella postremo quaecunque semel collibuisset petere non verebantur And with these Grants he bought the dissembled Affection of his Courtiers * ibid. Malmsbury calls it † Simulatam ad tempus Pacem for all this Liberality could not make the Nobles faithful to him his whole Reign having been nothing but a Scene of Treachery and Bloodshed At last he was forc'd to come to Terms of Agreement with his Kinsman Henry Fitz-Empress of which one Article was That he should resume those Grants * M. Par. p. 86. Regalia passim a Procerib●s usurpata Rex in sua Recipiet And persuant to this Agreement did Henry the II. act when he came to the Crown which is to be the more admir'd in him because he was a Stranger born Son of the Earl of Anjou and succeeding by Maud his Mothers Title and because the Crown Revenue was got into powerful hands able to give him strong Opposition but nothing could stand before his Courage and Perseverance He resumed the Lands which King Stephen had given among his Followers William Earl of Albemarl pretended to oppose him in Northumberland but he brought him to restore what belong'd to the Crown as he did likewise Hugh Mortimer * Chronicon Johannis Brompton Col. 1046. Considerans autem Rex quod Regni redditus Dominica per Molliciem regis Stephani ad Dominos multos jam devenissent praecepit ea cum omni integritate infra tempus certum a quibuscunque detentoribus resignari in jus statumque revocari He also took upon him to banish Foreigners particularly the Flemings who had nested here in hopes of Booty under a loose Reign † Rex tenuit * Gerva Chron. Col. 1377. Curiam suam apud Beremundesiam uhi cum Principibus suis de statu Regni pace reformanda tractans proposuit animo alienigenas gentes de Regno propellere Matthew Paris speaking of this Prince says * M. Par. p. 92. Qui continuo in Regem promotus caepit in jus proprium revocare Vrbes Castella Villas quae ad Coronam spectabant Alienigenas maxime Flandrenses de Regno expellendo quosdam Pseudocomites quibus Rex Stephanus pene omnia ad Fiscum pertinentia minus caute contulerat deponendo So that we have here the Instance of a Warlike King for such a one Henry was greater in Revenue and Extent of Foreign Dominion than any of his Predecessors who thought it no Derogation to his Honour to look into these Matters And this provident Care of his had such an Effect that his Son and Successor Richard the I. at his coming to the Crown found in the Treasury above L. 900,000 besides Plate and Jewels * M. Par. 152. Inventa sunt plura quam nongenta Millia librarum in auro argento praeter Vtensilia Jocalia lapides pretiosos But this and much more was presently consum'd in the mad Humor which at that time had seized all the Princes of Europe of making War for the Holy Land To furnish himself for this Expedition Richard sold several Parcels of the Crown Revenue † Hoved. p. 658. Hoveden says Rex exposuit venditioni omnia quae babuit scil Castella Villas Praedia But the Lands thus granted away
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 ●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