what was too great to give and much too great to be ask'd 't is with the universal Applause of the People whom this Care relieves from frequent and heavy Taxes There is no Good which may not be expected from the Wisdom and Resolution of the Prince who now fills the Throne When he came over hither he found many of the Chief Rank and Figure overwhelm'd in Publick and Private Vices and in a Country so corrupted 't was difficult to have a virtuous Court They who should have help'd him to mend Things were readier to promote the Disorders by which they might thrive than to set afoot a Frugality under which they could not so well do their own business If they had Preach'd up Thrift as necessary to carry on a long and expensive War with what Face could such a Great Man have begg'd such a parcel of the Crown Lands one a vast sum of Mony another this forfeited Estate One so much Timber out of the Forrest his Friend such a Reversion his Friends Friend such a large Pension And if they had held the Purse close shut up to others they must have blush'd when they were begging so much for themselves All these disorders are to be attributed to the Corruption of the Times and to the necessities thereby introduc'd when Parties were to be gratified when turbulent Spirits who could obstruct affairs were to be quieted and when too many expected to be paid for preserving themselves and their own Country from a foreign Enemy Insomuch that when our Story comes to be read hereafter Posterity will wonder where the Subjects were so craving at Court and in another Place how the Prince could save from such a Number of Spoilers wherewithal to carry on his Wars abroad The Kings admirable Conduct has waded through all these Difficulties He has given as a Peace when the continuance of the War was desired by too many at home as better conducing to their dark designs At his first coming over he sav'd that Religion which our mean Complyance under former Princes had put in danger His prudence kept for ten years a People divided amongst themselves united against the Common Enemy All the Misfortunes in his Reign have been the Result of our proper Corruptions all the Good the Effects of his own Wisdom and his Virtues will at last bear down and master all our Vices He first form'd that League which has preserved the Liberties of Europe He has with a Confederate Army manag'd a long War and brought it to a good Conclusion of which there are but few Examples in History for tho the beginnings of Confederacies have been always vigorous and successful their Progress has been generally feeble and Event unfortunate By his Interest and Power he has made a King of Poland an Elector of Collein and erected a ninth Electorate in the Empire He has restored the Duke of Lorraine and taken the Bridle off from the Heads of the Italian Princes by having been the Cause that Cazal and Pignerol were demollish d. He has procur'd advantageous Terms for all his Allies He has caused fortified Towns and large Provinces to be restor'd which had been couquer'd long before He forced his Potent Neighbour to make the the first Advances towards a Peace which is more than Wise Men when the War began could promise to themselves in their most Sanguine Hopes He made himself be sought to when his Enemies prosper'd and when the Confederate affairs declin'd All which are manifest Proofs that he is as Great in the Cabinet as in the Field And to Crown all his Glories by one Act he has shown his Goodness to humane kind and given a Demonstration that he never desired Power but for the Benefit of others His so cheerfully disbanding the Army at the request of his Parlament is a Proof beyond all Contradiction that he both Loves and Trusts his subjects and that his Noble Mind conscious of no ill is apprehensive of no Danger While Tyrants who inslave their Country are affraid tho inviron'd with Numerous Troops He knew himself to be sufficiently guarded by the Affections of his People Many Princes who have taken up Arms to relieve an oppress'd Nation have made it appear in the course of their Proceedings that they were incited to it by some Ambitious Ends and not alone mov'd by a true desire of that Fame which follows virtuous Deeds and the People they came to redeem have afterwards found that they did no more than change one bad Ruler for another But this Heroick King has follow'd the Pattern of Timoleon the Corinthian who not only rescued the Sicilians from Tyranny but likewise left 'em in full Possession of their Freedoms He has squar'd his Actions by those of T. Quintius Flaminius who when he had subdu'd the Macedonians and reduc'd King Philip to Terms of Peace erected an eternal Trophy to his future Renown when he pronounc'd by the Voice of a Herald That Greece should thence forward be exempt from Taxes Impositions and Garrisons and Free to Govern it self by its own Laws The same Liberties did the King in effect Proclaim for ever to all England when he delivered us from the Expences and which lay more heavily upon us from the Terror of a Standing Army His happy Reign has not only freed our Persons but likewise set our Minds at Liberty which had for many Years been inslav'd by wrong Principles of Vnlimited Obedience due to the unlimited Exercise of Power Notions with which the Schools had poison'd our Youth and which only serv'd to draw the Prince on to Govern amiss but prov'd no security to him when the People were grown weary of ill Government The late Revolution justified by its Necessity and by the Good it has produc'd will be a â—asting Answer to all that foolish Doctrine so that with the other Blessings of this King's Accession to the Throne the very President is not to be accompted among the least Insomuch that what we did at that time not only freed us then but has set Liberty it self upon a better Foot and cur'd us of those blind Errors and dark Mists which our own Luxuries and the Craft of Courtiers had brought upon our Understanding A Prince thus adorn'd fear'd for his Courage admired for his Wisdom and belov'd for the Good he has done his People must certainly be able to surmount the greatest Difficulties 'T is not a Bâ—fflâ—d and dishearten'd Party lingring may be after their former Bondage can give him any Opposition Much less need he apprehend the Mercenary and inconstant Crew of the Hunters after Preferment whose Designs are always seen through who are dispis'd as soon as known and who only lead one another But a King who would reform the State for the general Ease and Benefit of his People must expect to meet with some Difficulties especially if a great many of those about him are Partakers in the Abuses he would correct All sort of Rubbs will be laid in
be that they meditated something else and bore ill will towards the present Government Indeed the Ambition of Mankind consider'd it was a wonder in former Reigns to see Persons the most conspicuous for Understanding deep Reach and Experience employ their time with their Books in making Gardens or in Building and that they should not rather seek those Dignities to which their Birth and Superior Abilities did in a manner give 'em a just Right Why did they let the chief Offices of the State be polluted by mean Hands Why did they suffer others to ruin that Country which was in their Power to save And why all this Philosophy in so light and busie Times Why has there been now and then a kind of a Press issu'd out for Ministers so that as it were the Vagabonds and Loyterers were taken in Why have some Men been condol'd by their Friends for having been drawn in to take a Great Place and why have others been universally Congratulated when turn'd out tho with Marks of Displeasure when all this happen'd it could not be without a Reason there must have been some Strong Inducements that should move the Prime Persons of a Nation to shun Employments attended with Power and Profit No doubt in former Reigns it was Because they did not like the Administration of affairs nor the Persons with whom they were to be ioyn'd Because they perceiv'd dark Designs carry'd on against our Liberties and that they were not willing to mix in desperate Councils nor to participate in the Blame of what they should not be able to hinder Because they saw the Prince Robb'd by those about him his Crown Lands all shar'd and given away and his Treasure wasted and Because they saw Things done that would bear no Inquiry and that could never be justifyed before the People They knew that our Laws put little Difference between a Minister who contracts actual Guilt himself and him who permits others to commit a Crime which by the Authority of his Office he might have prevented Therefore when bad Things were in Agitation and when destructive Advices were promoted Some have refus'd Employments others have laid down White Staves the Secretaries Seals the Privy Seal the Great Seal and other Offices of high Trust rather than Act against their Masters true Interest and the Constitution of their Country And for these Reasons in former Reigns the Ablest and Greatest Persons in the Nation and sometimes whole Parties of Men have refus'd to meddle in the Employments and Business of the State But when these Errors may be corrected which a few commit at the Expence of the whole Kingdom when things will bear a right Administration when the Nations Money may be frugally manag'd when the Thefts upon the Public can be look'd into and Punish'd when those Servants may be call'd to an Accompt who have broken their Trust and in their Offices consented to the Plunder of their Master When true Order is promoted When that Thrift can be set afoot which will ease the People in their Taxes When the pleasant Work of doing Good is to be perform'd and When they have not before their Eyes the frightful and heavy Task of supporting ill Conduct All Persons will embrace the Government All Parties will cheerfully come in and the best Men will be the most Eager to assist the state with their Purses Councils Endeavours and Affections And thus we hope to have fully answer'd their Arguments who would deter a Prince from looking into their Corruptions by making him believe that thereby he will injure his only Friends and who would narrow his Interest by confining his Favours to their Party A King never wants Assistance who will look into abuses and their Faction whose Interest it is to protect Male-administration will be found very weak when He is earnest to have what has been amiss amended because but a few are Gainers by Misgovernment and a Multitude are injur'd by it But as all Seasons are not proper for Physick so all Times are not fit for purging the Body Politick Times of Action and War are not so convenient for such Councils as tend to correct Abuses in the State Perhaps during the late War some Things may have been done in England which the King in his high wisdom may think necessary to animadvert upon now when He is at leisure from His Business in the Field And no doubt when He goes upon so good a Work He will be assisted by all the best Men of all Parties and by the whole Body of His People The Writer of these Papers has constantly endeavour'd to make his Studies tend to the Service of the Publick and his Aim has been to incite in Young Gentlemen a Desire of being acquainted with the Business of the Nation and this knowledge lying under abundance of Rubbish his Scope has been to remove this Rubbish and to dress up crabbed Matters as agreeably as he can and to give as it were short Maps of Things which others will not take the Pains to travel through themselves In order to which he has devoted his Hours of Leisure to Inquiries into the Trade and Revenues of this Kingdom And not serving his Country in an Active Life he hopes to make his Solitude and Contemplation of some use so as to show himself not altogether an unprofitable Member of the Commonwealth And the Parliament having last Sessions Constituted Commissioners for Inquiring into and Taking an Accompt of all such Estates both Real and Personal within the Kingdom of Ireland which have been Forfeited for High Treason by any Person or Persons whatsoever during the late Rebellion within that Kingdom And the House of Commons as appears by their Printed Votes having directed that the Grants of the Crown Revenue in England should be laid before 'em And it being Notorious that almost all the Land remaining in the Crown of England at the Revolution and that much the largest Share of the late forfeited Estates in Ireland are now got into Private Hands And the People at this time lying under a great Variety of New Taxes And the Necessities of the State being very pressing And the Publick lying under many heavy Engagements and the Honor of the Nation being in a manner at Stake to make good several Deficiencies All Ways and Means of Raising Money being likewise difficult to the last Degree It appearing also reasonable to consult the Land Interest and at last to give the Landed Gentlemen some Ease who have born the chief Burthen of the War And no Fond being large enough to come in the Room and Place of Land except the late Forfeitures in Ireland And all Men thinking it but just and fair that the War in Ireland should pay some part of its Expence Our Debts likewise being so immence that every thing should be look'd into and all possible Thrift thought upon Mankind also abhorring to behold a Few inriched with the Spoils of a whole Country and to see Private
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
Value if it cannot be given away without great Damage to the Crown if by reason of such Gift he is hindred from paying his just Debts or from having wherewithal to defray the Charges of the Government or to provide for the Kingdoms Defence or if by this and other Gifts he must be driven through the failing of his own Revenue to lay heavy Burthens upon the People 't is the Duty of the Lord Treasurer to represent the whole Matter honestly and impartially to the King and to hinder the Grant from proceeding any further And as a Tie upon him he takes the following Oath Ye shall swear That well and truly ye shall serve the King our Soveraign Lord and his People in the Office of Treasurer and ye shall do right to all manner of People Poor and Rich of such Things as toucheth your Office And that King's Treasure truly ye shall keep and dispend And truly ye shall counsail the King and his Counsel ye shall layn and keep And that ye shall neither know nor suffer the King 's Hurt nor his dis-heriting nor that the Rights of his Crown be distressed by any means as far forth as ye may let And if ye may not let it ye shall make knowledge thereof clearly and expressly to the King with your true Advice and Counsel And ye shall do and purchase the King's Profit in all that ye may reasonably do as God you help and the Holy Evangelists It was hardly possible to devise a more binding Oath And the Words Ye shall well and truly serve the King our Soveraign Lord and his People in the Office of Treasurer are an Evidence that our Forefathers took themselves to have some kind of Interest in what was call'd the Crown-Revenue If the Grant meets with no Objection at the Treasury the King signs a Warrant directed to the Attorny or Sollicitor-General who is another Great Officer impowering him to prepare a Bill containing such a Grant And if the Grant be of Mony appropriated by Act of Parliament or of Lands annex'd to the Crown by Act of Parliament or if the Grant be any ways illegal or prejudicial to the Crown it is the Attorny or Sollicitor-General's Duty to advertise thereof After Mr. Attorny has pass'd it it goes to the Signet the Custody whereof is in the Secretary of State who being a Minister in high Office is presum'd by the Laws to be watchful for the King 's Good and to inquire into all Matters relating to the Weal Publick He is presum'd to be apris'd of the Persons Merits to whom the Grant is to be made and likewise to understand either the Affluence or Want in the King's Coffers and the general Condition of his Revenue And having an Allowance for Intelligence he is presum'd to know the Discourses and Opinions of the People and how such Grants are relish'd If therefore the Person suing out the Grant has no Merit at all or at least no sort of pretention to so great a Reward or if he knows the Publick to be press'd with Wants and Debts or if he hears that the People murmur at the Taxes which Profusion introduces and Clamour to see the Nations Mony wasted by his Duty as Privy Councellor and by his Oath he is bound faithfully and plainly thereof to inform the King From the Signet it should go to the Privy Seal who is likewise another Great Officer who being near the Person of the King is presum'd to know the Condition of the Kingdom and therefore the Law has made him another Check He takes this Oath Ye shall as far forth as your Cunning and â—â—â—cretion sufficeth truly justly and evenly execute and exercise the Office of Keeper of the King 's Privy Seal to you by his Highness committed not leaving or eschewing so to do for Affection Love Meed Doubt or Dread of any Person or Persons c. So that if the Lord Privy Seal finds that through Corruption in other Offices or that by Power Importunity or partial Favour a Grant tending greatly to the Publick Damage and to the Diminution of his Prince's Revenue has pass'd so far as to his Office he ought to stop it there and is bound in Duty and by his Oath to lay the whole Matter before the King From the Privy Seal it goes to the Great Seal in the Custody of the Lord Keeper or Lord Chancellor of England who is accompted the Kingdom 's as well as the King's Officer and there the Grant is compleated upon which score in the Eye of the Law this Great Minister is most look'd upon his Oath is the same with that of the Lord Treasurer He swears Well and truly to serve the King and his People in the Office of Chancellor truly to Counsel the King not to suffer his Hurt or Dis-heriting nor that the Rights of the Crown be distress'd by any Means as far forth as he may let And if he may not let it he is to make it clearly and expresly known to the King with true Advice and Counsel And in all that he may he is to do and purchase the King's Profit So that more than any other as the highest Officer and as the last Check the Laws presume him to consult for the King 's good Therefore if the Grant be exorbitant if it be made to an undeserving Person if it notoriously surpasses the Merits of the Suitor if it was obtain'd upon wrong Suggestions if it occasions Obloquy to the Government or Discontent among the People if the King's Debts are many and clamorous if the Nation labours at the same time as the Gift is made under heavy Taxes and if the Grant tends greatly to the Hurt and Impoverishment of the Crown with all which Matters the Law presumes so great a Minister in the State to be acquainted he is bound in Duty and by his Oath not to fix the Great Seal to the said Grant but thereupon faithfully and impartially to advise the King And Chancellors who have acted otherwise and who contrary to the Trust of their Office have ventur'd to pass outragious Gifts Douns Outrageuses as the Records call 'em whereby the Crown has been impoverish'd have been heretofore as we shall show by and by question'd impeach'd and attainted in Parliament These were the ancient Steps in Passing Grants from the Crown which were afterwards inforc'd by a positive * Anno 27 Hen. 8. Cap. 11. Law in the Reign of Henry the Eighth a Prince jealous enough of the Regal Authority 'T is true by the Suggestion in the Preamble it looks as if the Act were made to preserve the Fees belonging to the Clerks of the Signet but bringing in Fees to Officers being never the Object of a Parliaments Care we ought to conclude that the House of Commons gave that fair Colour in the Reign of a Suspicious and Arbitrary Prince to the Regulations they intended to make as to Passing Grants from the Crown First the Law directs That the King's
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
Coâ— 1. It was an Article against the Duke of Buckingham that he had such a Multiplicity of High Offices in the State as no one Person could well and truly discharge That for his own particular Gain he had sold Patents to be Peers of England to the prejudice of the Gentry and dishonour of the Nobility of this Kingdom That besides his great Employments and the Profits thereunto belonging which might have satisfy'd any moderate Ambition He had procur'd to himself several Grants of the Crown Revenue amounting to a high Value But that the Reader may have this matter of Impeachments more fully before him we shall here incert the three Articles which have Reference to our present subject tho they are already publish'd in Rushworth Rush Coll. 1 vol. p. 306. Art I. That whereas the Great Offices expressed in the said Duke's Stile and Title heretofore have been the singular Preferments of several Persons eminent in Wisdom and Trust and fully able for the weighty Service and greatest Employments of the State whereby the said Offices were both carefully and sufficiently executed by several Persons of such Wisdom Trust and Ability And others also that were employ'd by the Royal Progenitors of our Sovereign Lord the King in Places of less Dignity were much encouraged with the Hopes of Advancement And whereas divers of the said Places severally of themselves and necessarily require the whole care industry and attendance of a most provident and most able Person He the said Duke being young and unexperienced hath of late Years with exorbitant Ambition and for his own profit and advantage procured and ingrossed into his own hands the said several Offices both to the danger of the State the prejudice of that Service which should have been performed in them and to the great discouragement of others who by this his procuring and ingrossing of the said Offices are precluded from such hopes as their Vertues Abilities and Publick Employments might otherwise have given them p. 334. Art IX Whereas the Titles of Honour of this Kingdom of England were wont to be conferred as great Rewards upon such virtuous and industrious Persons as had merited them by their faithfull Service the said Duke by his importunate and subtle Procurement had not only perverted that antient and most honourable Way but also unduly for his own particular Gain he hath enforced some that were rich though unwilling to purchase Honour as the Lord R. Baron of T. who by practice of the said Duke and his Agents was drawn up to London in or about October in the Two and twentieth Year of the Reign of the late King James of famous Memory and there so threatned and dealt withal that by reason thereof he yielded to give and accordingly did pay the summ of Ten thousand pounds to the said Duke and to his use For which said Summ the said Duke in the Month January in the Two and twentieth Year of the said late King procured the Title of Baron R. of T. to the said Lord R. In which practice as the said Lord R. was much wronged in this particular so the example thereof tendeth to the prejudice of the Gentry and dishonour of the Nobility of this Kingdom p. 340. Art XII He the said Duke not contented with the great Advancement formerly received from the late King of famous Memory by his procurement and Practice in the fourteenth Year of the said King for the support of the many Places Honours and Dignities conferred on him did obtain a Grant of divers Manners Parcel of the Revenue of the Crown and of the Duchy of Lancaster to the yearly value of One thousand six hundred ninety seven pounds two shillings half-penny farthing of the old Rent with all Woods Timber Trees and Advowson part whereof amounting to the Summ of Seven hundred forty seven pounds thirteen Shillings and four Pence was rated at Two and thirty thousand Pounds but in truth of a far greater Value And likewise in the Sixteenth Year of the same Kings Reign did procure divers others Manners annexed to the Crown of the yearly value at the old Rent of Twelve hundred Pounds or thereabouts according as in a Schedule hereunto annexed appeareth In the Warrant for passing of which Lands he by his great Favour procured divers unusual Clauses to be incerted viz. That no Perquisites of Courts should be valued and that all Bailiffs Fees should be reprised in the Particulars upon which those Lands were rated whereby a President hath been introduced which all those who since that time have obtained any Lands from the Crown have pursued to the damage of his late Majesty and of our Sovereign Lord the King that now is to an exceeding great Value And afterwards he surrendred to his said Majesty divers Mannors and Lands parcel of those Lands formerly granted unto him to the Value of Seven hundred twenty three Pounds eighteen Shillings and two Pence Half-peny per annum in consideration of which surrender he procured divers other Lands of the said late King to be sold and contracted for by his own Servants and Agents and thereupon hath obtained Grants of the same to pass from his late Majesty to several Persons of this Kingdom and hath caused Tallies to be stricken for the Money being the Consideration mentioned in those Grants in the Receipt of the Exchequer as if any such Moneys had really come to his Majesties Coffers whereas the Duke or some other by his Appointment hath indeed received the same Summs and expended them upon his own Occasions And notwithstanding the great and inestimable Gain by him made by the sale of Offices Honours and by others Suits by him obtained from his Majesty and for the countenancing of divers Projects and other Courses burthensome to his Majesty's Realms both of England and Ireland the said Duke hath likewise by his procurement and practice received into his hands and disbursed to his own use exceeding great Summs that were the Moneys of the late King of famous memory as appeareth also in the said Schedule hereunto annexed And the better to colour his doings in that behalf hath obtained several Privy-Seals from his late Majesty and his Majesty that now is warranting the Payment of great Summs to Persons by him named causing it to be recited in such Privy-Seals as if those Summs were directed for seeret Services concerning the State whicâ— were notwithstanding disposed of to his own use and other Privy-Seals by him have been procured for the discharge of those Persons without Accompt and by the like fraud and practise under colour of free Gifts from his Majesty he hath gotten into his hands great Sums which were intended by his Majesty to be disbursed for the preparing furnishing and victualling of his Royal Navy by which secret and colourable devices the constant and ordinary course of the Exchequer hath been broken there being no means by matter of Record to charge either the Treasurer or Victualler of
the Navy with those Sums which ought to have to come to their hands and to be accompted for to his Majesty and such a Confusion and Mixture hath been made between the Kings Estates and the Dukes as cannot be cleared by the legal Entries and Records which ought to be truly and faithfully made and kept both for the safety of his Majesty's Treasure and for the indempnity of his Officers and Subjects whom it doth concern And also in the Sixteenth Year of the said King and in the Twentieth Year of the said King he did procure to himself several Releases from the said King of divers great Summs of â—â—ney of the said King by him privately received and which he procur'd that he might detain the same for the support of his Places Honours and Dignities And these things and divers others of the like kind as appeareth in the Schedule annexed hath he done to the exceeding diminution of the Revenue of the Crown and in deceit both of our Soveraign Lord the King that now is and of the late King James of famous Memory and to the detriment of the whole Kingdom The Duke escaped this Storm by the sudden Dissolution which was chiefly to save him however in the next Parliament 4 Car. 1. he was again attacked as freshly as before which again he had Interest enough to get dissolv'd but had he liv'd to see another he must undoubtedly have sunk under the just Anger of the House of Commons For the People of England have never patiently born to see immoderate Wealth Power and Honours with variety of Great Offices conferr'd upon any single Person Hardly any Favourite had Nobler Qualities than this great Man He was Beautiful in his Person Magnificent in his Nature and not without either Heart or Understanding Many People had tasted of his Private Liberalities He would hunt out for Persons of Merit and bring 'em from their most secret Retirements into Business He was rough only to his Enemies but most earnest and ready to oblige his Friends He would often get for others what he might conveniently have kept for himself He governed not only his Domestick Affairs but his Transactions in the State by the Advice of a select number of Friends all able Men but not engaged in Publick Matters whom he retain'd in his Service by Pensions out of his own Purse And yet thus qualify'd as he was it was not thought reasonable in Parliament that so high Honours so much Wealth and Power and such a multiplicity of Employments should be conferr'd upon so young a Man If such a one could not stand before the People much less will they in any future Reign bear to see Men with the like Wealth pour'd upon 'em and in the like Station of Power and Favour who have none of his Qualifications who are contemptible in their Figures who make no Expence but what tends to their private Luxury of whose Bounty no one ever tasted who bar the Court Gates to any Merit who never did any kind Office who make a sale of all Employments who creep to their Enemies and slight their Friends who never did good but for themselves or to here and there an humble Flatterer and who never in their Transactions for the State govern themselves by the Advice of grave Friends but act all things upon their own giddy Heads ever drown'd in Wine or heated by Debauches Journal of the House of Commons But to return to our present Matter Martis die 24 Nov. 1640. There were Reported eight Articles in maintenance of the Commons Accusation against the Earl of Strafford which were agreed upon the day following and of which the III d Article is That the better to inrich and enable himself to go through with his Traiterous Designs he hath detained a great Part of his Majesty's Revenue without giving Legal Account and hath taken great Summs out of the Exchequer converting them to his own use when his Majesty wanted Money for his own Urgent Occasions and his Army had been a long time unpaid In the Heads of the Accusation against the Earl of Clarendon reported by Sir Thomas Littleâ—on Wednesday 6 Nov. 1667. one of the Articles was Journal of the House of Commons Art 8. That he hath-in a short time gained to himself a greater Estate than can be imagined to be gained lawfully in so short a time and contrary to his Oath hath procured several Grants under the Great Seal from His Majejesty to himself and Relations of several of His Majesty's Lands Hereditaments and Leases to the Disprofit of his Majesty We all know the Impeachment against that Noble Earl was rather a Court-Design than carried on by good Patriots The Zeal he had shown for the Laws of his Country had stirr'd him up some Enemies And because he would not make a Difference between the King and Duke of York he chose to retire which Retirement was follow'd by an Act to banish him But had he he staid and stood his Trial no doubt he had justified himself in this and in the other Articles For upon Enquiry the Writer of these Papers is inform'd that he had not procured any Grant of the Crown Demeasnes And as to Clarendon Park now in the Family and which was Crown-Land that he bought it at the full Value of the Old Duke of Albemarl who had begg'd it of the King But if he had received any Gift of Forefeited Estates or in Money his long services and sufferings and his having been a Companion in his Master's Exile might very well deserve any such sort of Bounty Journal of the House of Commons Jovis 15 die Jan. 1673. Articles of Treasonable and other Crimes of high Misdemeanor against the Earl of Arlington Principal Secretary of State being open'd were presented to the House and read The Articles containing matter of Treason were seven It was further open'd That the said Earl had been guilty of many undue practices to promote his own Greatness and had embezzel'd and wasted the Treasure of his Nation Art 1. By procuring vast and Exorbitant Grants for himself both in England and Ireland breaking into the Settlement of that Kingdom and dispossessing several English Adventurers and Soldiers of their Properties and Freeholds in which they were duly and legally stated without any Colour of Reason or suggestion of Right Art 2. By charging excessive and almost incredible Sums for false and deceitful Intelligence Art 3. By procuring His Majesties Hand for the giving away between his first Entrance into his Office the Value of Three Millions of Sterling Money at the least the several Grants whereof are extent countersigned by him and by him only Martis 20 die Jan. 1673. The House resumed the adjourn'd Debate concerning the Lord Arlington The Question being put That an Address be presented to His Majesty to remove the Earl of Arlington from all his Employments that are held during His Majesty's Pleasure and from His Majesty's Presence and Council
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
mora revocato Hugone de Lacy Giraldus Cambrensis cap. 24. Philippus Wigorniensis vir Militaris dapsilis liberalis circa Cal. Septemb. cum Militibus XL. Procurator est in Insulam transmissus Inter ipsa igitur operum suorum initialia terras quas Hugo de Lacy alienaverit terram viz. Ocathesi alias quam plures ad Regiam mensam cum omni solicitudine revocavit The Writer of these Papers has not leisure to inquire into the Particulars but according to the best of his Remembrance a distribution of Lands was made to Adventurers concern'd in suppressing the Insurrections which the Irish made during the Reign of Queen Elizabeth And most certainly the War England had with that Kingdom in the Reign of Charles the 1st was in a great measure carryed on by Money subscribed here with a view that the Subscribers should have the Lands Conquer'd and forfeited which afterward partly they had and the rest was devided among the Soldiers in satisfaction of their Debentures In our present Case the War was not either begun or carry'd on at the Expence of any Single Person or private Men but at the common Charges of the whole Nation therefore in Reason and Justice the People of England ought here to be look'd upon as the General Adventurers That the Four Millions levied and expended is their Adventure of which the Forfeited Estates ought to be the Return and if any thing considerable can be made of 'em it ought to go towards easing England in its Taxes But there is a strong Reason of State why the Lands of Ireland in cases of Rebellion should never be granted away but be either destributed among Adventurers or sold towards defraying the Charges of the War for if England is to be at all the Expence and Courtiers are to go away with all the Profit how do we know but that hereafter for their own Gain they may purposely and advisedly encourage and Foment Rebellions there Fourteen Hundred thousand Pound once in Thirty or Forty Years to be shared among them would be a very fine Crop for the Men in Business But probably the Ministers in future Ages will be watchful over that Kingdom and suppress an Insurrection betimes when it may be done for a less Sum than Four Millions and perhaps with three or four Thousand Men nor in all likelyhood will they so notoriously neglect a matter of that Importance when they are to reap to themselves no Advantage by such a Negligence Some will pretend the Prince has more Power to alienate what comes to him by Forfeiture than to part with the Revenues of the Crown reckoning Forfeitures to be In Fructu Patrimonii Principis according De Jure Belli ac Pacis lib. 2. cap. 6. Num. 12. to this of Grotius Sed in eo falluntur multi quod res quae in fructu sunt Patrimonii cum rebus Patrimonii confundant Sic jus Alluvionum in Patrimonio esse solet ipsae res quas fecit Alluvio in fructu Jus vectigalia exigendi in Patrimonio Pecunia ex vectigalibus procedeus in fructu Jus confiscandi in Patrimonio fundi confiscati in fructu All which is right if rightly distinguish'd No doubt 't is not only Legal but for the Good of any Government that common Confiscations should be at the Disposal of the Prince that he may have an Opportunity of extending his Mercy to the Children or Relations of the Delinquent Besides in common Confiscations the Traitor is prosecuted and brought to Punishment at the King 's sole Expence But the Case is quite otherwise when a whole Nation rebels and when that Rebellion is to be suppressed at the infinite Expences of the People it seems rather that what accrues thus to the Prince and People for they always have or should have a Joint Interest ought to be more Sacredly devoted to publick Uses than any other thing because it is the Price of Blood We have perhaps made it appear that the People have some Interest in the Publick Revenues We shall therefore examine whether this Right is any way lost or laps'd for want of putting in a Claim If the Nation had sate still while these Grants were making and done nothing which look'd like a Protest against it peradventure it had been such an Abandoning or Dereliction of the matter as in some sort might have transferred the Dominion of the things in question to the present â—â—otius de Jure Bâ—lli aâ— pacis l. 2. c. 4. Num. 5. Possessors Qui sciens praesens tacet videtur consentire But the Case is quite otherwise here The Parliament has very early desir'd that the Forfeitures both in England and Ireland might be appropriated to the Uses of the War and those Desires have been earnestly and frequently repeated And because it tends much to the clearing of our present point we shall so far trespass upon the Reader 's patience as to give a brief Accompt of what has been from time to time done in Parliament in relation to this Affair The Sessions 2. Gul. Mar. began 2. Octob. 1690. Veneris 17. die Oct. The House resolved itself into a Committee of the whole House to consider farther of Ways and Means for the raising of Supplies to be granted to their Majesties Mr. Sollicitor Reports from the Committee the following Resolution Resolv'd that 't is the Opinion of this Committee that towards the raising the Supplies to be granted to their Majesties the Summ of Ten Hundred Thousand Pounds be rais'd upon the Credit or by Sale of the Forfeited Estates in Ireland The Resolution being read a second Time Resolv'd nemine contradicente that this House doth agree with the Committee in the said Resolution Lunae 20. Die Oct. 1690. Resolv'd that an humble Address be made to his Majesty that he will please to command the Commissioners in Ireland to make a Return to his Majesty of the Names of the Persons in Rebellion in Ireland and of their Estates and the yearly value thereof and that his Majesty will graciously please to order the same to be transmitted to this House Mereurii22 Die Oct. 1690. Resolv'd that a Bill be brought in upon the Debate of the House for attainting the Persons that are or have been in Rebellion in England or Ireland and for confiscating their Estates and for applying the same to bear the Charges of the War Martis 2. Die Dec. 1690. The said Bill was read a first Time Jovis 4. Die Decemb. 1690. The said Bill was read a second time and the same Day the House resolv'd itself into a Committee of the whole House to consider of the said Bill Veneris 19. Die Dec. 1690. Mr. Solicitor reported the Bill Resolv'd nemine contradicente that the said Bill with the Amendments be engross'd Martis 23. Die Dec. 1690. Resolv'd the said Bill do pass and that Mr. Solicitor carry it to the Lords Mercurii 31. Die Dec. 1690. Ordered that a Message be sent to
in every Sessions a Claim has been put in by the Representatives of the People and as we have set forth Twelve several Bills have been presented and read all tending to appropriate these Forfeitures to the uses of the War So that the new Possessors of these Estates cannot pretend that any Silence has given a Sanction to what has been done or that a quiet and unquestiond enjoyment has so far confirm'd their Right as that thereby they may plead Praescription If any of these Lands have been sold or traffick'd about the Purchasers cannot plead Ignorance by the Steps made in Parliament they could not but know they bought a litigated Title the same may be said as to Marriage Settlements Jointures or any other civil contract that has Relation to the Grants lately made 4thly What Crown-Lands K. Charles gave away descended lineally to him from his Ancestors The Irish Forfeitures have been lately purchas'd with the Blood and Treasure of this Kingdom If any Man could think that a Resumption retrospecting so far as the beginning of King Charles Il's Reign would be for the Publick Good why has it been never set afoot or mention'd at any other time but when the Parliament had a desire by a Resumption in Ireland to ease the People in their Taxes All the Premisses consider'd perhaps it will appear to any unbiass'd Person who desires to help the Affairs of England by a Resumption That to follow the greatest Number of Presidents and according to the Rules of Prudence and Justice the Bill ought to look no farther backwards than this or the Reign immediately preceeding We hope to have made it evident in the Series of this Discourse That according to the Constitution of this Kingdom the late Grants may be resumed We have produc'd variety of Presidents to justify such a Proceeding 'T is hoped we have given them a full Answer who would engage the Kings Honour in Countenancing their Depredations upon the Publick Peradventure we have produc'd undeniable Proofs that the People of England have an Interest in these Lands and Perhaps we have silenc'd those who to clog a good thing would put us upon a wrong scent by proposing to look farther backwards than in Justice and Reason we ought to do And if we have made out all these Positions it will not be difficult for good Englishmen to think inferr and conclude That more especially the forfeited Estates in Ireland ought to be apply'd towards Payment of the Publick Debts The Writer of these Papers from the first time he bent his Studies to Matters of this Nature has all along endeavour'd to propose such Ways and Means of raising Mony as might give ease to the Landed Interest of which he hopes what he has formerly publish'd is a sufficient Evidence 'T is true the freedom and Sincerity with which he has handled these Points may have drawn upon him powerful enmities but if he has given any Hints by which England may save two Millions and remain this Yearwithout a Land Tax he shall think his Labour well employ'd and little value the displeasure of Particular and Interested Persons whose Resentments ought truly not to fall upon him but rather upon those whose general ill Conduct has made so rough a thing as a Resumption necessary However he who looks into any Male administration stirs up a Nest of Hornets If any one be touch'd who has been concern'd in Procuring Grants all that have participated in his Guilt will be alarm'd Tacit. Hist l. 4. and think themselves bound to act in his Defence for if one Criminal falls the rest are all in danger * Nam si Marcellus Eprius caderet Agmen Reorum Sterneretur There is an Anecdote or secret History belonging to these Grants well worth the Knowledge of good Patriots the Writer of these Papers is not quite without Materials for it Nor is he at all withheld by any of those private and mean Fears which commonly obstruct National Designs but the Truth is he has not this time had leisure to put so Dark and Intâ—icate a matter into any tolerable Method The Manner of procuring several of the Irish Forfeitures has been as criminal by its Circumstances as in itsself but of this at another Season To look into the Depredations lately committed is so copious a subject that he who bends his Thoughts this way is sure to have matter enough before him and if all things were well examin'd it would perhaps be found that the Resumption here propos'd is not the only way of raising Mony to ease the People in their Taxes There have been of late Years given in Parliament upwards of Fifty Millions This immense Summ as we all know has been transmitted into two Offices for the use of the War And by an Inquisition into those Offices peradventure something very considerable is to be recover'd The Author thinks he cannot employ his Hours of Leisure more to his Country's Service than in Inquiries of this Nature And next Year if he finds a Continuation of these Foul Practices which have been so destructive to England and so prejudicial to the King's Interest he purposes to open a new Scene That Zeal for the Publick which has now warm'd him shall not in the least cool and though he should be left to stand alone he will still combat on and neither ask nor give Quarter in the Conflict he intends to maintain with the Corruptions of the Age. FINIS Compare page 335 image 168 on the sudden he could not govern himself in the Change But Prosperity laid open the secret Faults of his Mind which were suppress'd and choaked before Thomas of Walsingham calls him Michael Atte Pole and says he was convicted in Parliament of notorious Frauds Walsing p. 324. Num. 10. Convicerant eum nempe de multis Fraudibus et quibusdam proditionibus in Regem quos nequaquam inficiari nequibat unde et cum responsis astaret et objecta negare nequibat Rex pro ipso verecundatus et rubore suffusus caput agitans heu heu inquit Michael vide quid fecisti But as soon as the Parliament was up the King took him into greater Favour than before But the Weight of a Parliament will at last bear down a bad Minister so that de la-Pool durst not stand the next Sessions but fled to France where he died in Exile But take from Walsingham the Character of this Chancellor with the Account of his Death Ibid. p. 339. Hac Aestata persidiae promptuarium Sentina Avaritiae Auriga Proditionis Archa Malitiae Odii Seminator Mendacii Fabricator susurro nequissimus dolo praestantissimus artificiosus detractor Patriae delator Michael Atte Pole quondam Comes Southfolchiae Regnique Cancellarius Compare page 297 image 149 he is to make it clearly and expresly known to the King with true Advice and Counsel And in all that he may he is to do and purchase the King's Profit So that more than any other as the highest Officer and as the last Check the Laws presume him to consult for the King 's good Therefore if the Grant be exorbitant if it be made to an undeserving Person if it notoriously surpasses the Merits of the Suitor if it was obtain'd upon wrong Suggestions if it occasions Obloquy to the Government or Discontent among the People if the King's Debts are many and clamorous if the Nation labours at the same time as the Gift is made under heavy Taxes and if the Grant tends greatly to the Hurt and Impoverishment of the Crown with all which Matters the Law presumes so great a Minister in the State to be acquainted he is bound in Duty and by his Oath not to fix the Great Sale to the said Grant but thereupon faithfully and impartially to advise the King And Chancellors who have acted otherwise and who contrary to the Trust of their Office have ventur'd to pass outragious Gifts Douns Outrageuses as the Records call 'em whereby the Crown has
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 Apud Sapientes cassa habebantur quae neque dari neque accipi salvà Republicâ poterant Tacit. Hist Lib. III. LONDON Printed for JAMES KNAPTON at the Crown in St. Paul's Church-yard 1700. INDEX SECTION I. INTRODUCTION ALL Governments wisely Constituted have set a aside a Proportion of their Wealth for Publick Vses Page 1 In the Kingships settled by the Goths Hunns and Vandals the Conquer'd Country was divided 3 Good Princes have always reckoned their Revenues as belonging to the Publick ibid. Thrift in the Publick necessary because indigent Princes have seldom been known to compass great Things 5 Profusion in a Court destroys all sort of Order 6 Kings reduc'd to Streights ever involv'd in dark and mean Intreagues ibid. Wise Ones therefore have retreated as soon as possible from so dangerous a Step 8 But in Case of Negligence how the Wisdom of the Laws have provided for them 9 By inflicting severe Punishments on such as deceive him ibid. Especially on such who break their Trust ibid. And by Resumptions 10 However 't is always difficult to keep the Prince from being Robb'd ibid. The People repine not to see a Prince conser his Favours upon deserving Men if with Moderation 11 Those who Rob him try to be safe by their Numbers 13 But yet they have been reach'd ibid. How Male-Administration sometimes gets Footing but is afterwards corrected Page 14 Our Happiness under a stout and wise Prince 17 The present Disorders to be attributed to the Corruptions of the Times 20 The King's Character with a Description of his Actions and Vertues 20 to 24 A Prince who would reform the State must expect to meet with great Difficulties 25 What Artifices such as are guilty will use 26 What they will alledge in their Defence 28 The false Colours they will endeavour to give to their Actions and Councils 31 They will poison the Prince's Ear with false Whispers and misrepresent to him his best Friends 33 Whither 't is Politick to nourish Factions in a Court 34 Why some People in certain Junctures withdraw from publick Employments 38 How all the ablest Men may be induc'd to embrace the Service of the Government 39 A Prince who will correct Abuses seldom wants Assistance 40 The Author's Reason and Inducements to handle this Matter of the Grants 42 The Method he intends to observe in discoursing upon this Subject 43 44 SECT II. OBSERVATIONS on the Management of the Romans in their Publick Revenues VAlerius Publicola first lodg'd the publick Money of Rome in the Temple of Saturn Page 46 As the Empire extended the Romans more sollicitous to gather a publick Stock This done that they might not burthen the Plebears 47 The exact Fidelity of their Commanders in bringing the Spoils gain'd by War into the Common Treasury ibid. Till some time after the last Punick War none thought of growing Rich by Spoils gotten in the War 48 They who did it were Men who hatch'd wicked Designs against their Country ibid. The Romans made every War bear it's own Charges 49 Instances of great Sums from Time to Time brought into the Common Treasury 49 to 52 No Empire strong enough to carry on a long War singly upon it's own Revenues 53 The immense Treasure gather'd by Augustus and which Tiberius left behind him at his Death 57 All which Caligula consum'd in less than a Year ibid. The Difference the Roman Emperors made in the publick Revenues and the Prince's private Patrimony 58 Profusion in wicked Princes the first Spring of all their other Vices 62 The prodigious Debt into which Rome was plung'd in the Course of Three bad Reigns 63 The Debts of the Empire forc'd Vespasian a good Prince upon dishonourable Courses of raising Money 64 The vast Treasure gather'd and left by Nerva Trajan Adrian and Antoninus Pius 66 Antoninus Pius would not accompt the publick Revenues to be his own ibid. What had been gather'd in Five wise Reigns was wasted by Commodus in less than Thirteen Years ibid. The Profusion of Caracalla 72 A Brief Accompt of the Roman Coin 73 74 Coin the Pulâ—e of a Nation 77 When the Romans began to buy Peace 78 What a Number of Reigns Rome saw in 89 Years 79 When the Goths began to invade the Roman Dominions 80 The Care of Mesitheus chief Minister to the Emperor Gordian 81 Original of the Ruine of the Roman Empire 83 The Division of the Empire one Cause 85 But the principal Cause was that Poverty which the Profusion of their Emperors had brought upon the Provinces 87 SECT III. Of RESUMPTIONS A Brief Accompt of the Original of the English People and of the Ancient Constitution of this Kingdom Page 89 to 96 The Original of the Ancient Tenures in England 98 High Customs and Excises not thought on in the Gothick Establishments 101 These sort of Duties made use of by the Romans and set up again first in Italy ibid. In all the Gothick Settlements the Prince's Revenue consisted in Land 103 In forming this Constitution our Aucestors took Care to make ample Provision for maintaining the King's Crown and Dignity 104 When those Lands and Revenues were parted with which were alotted for his and the States Service Parliaments have seldom fail'd to restore and relieve his Affairs by Acts of Resumption ibid. Of Doom's-Day Book 105 Of the yearly Revenues of William the Norman ibid. The Number of Mannors then belonging to the Crown ibid What was call'd Terra Regis in Doom's-day-Book anciently esteem'd not alienable 106 William Rufus a profuse Prince 107 Henry the First provident he punish'd Ranulphus Bishop of Durham who had been the Minister of his Brother's Extortions and Profusions Resum'd what had been lightly given away by Duke Robert in Normandy ib. An Account of King Stephen He was brought to a Composition with Henry Fitz Empress in which Agreement one Article was That he should resume what Crown-Land he had alienated 108 Which Agreement Henry the Second took care to see put in Execution And he rid the Court of Foreigners calling several of his Officers to an Accompt 109 What an immense Treasure his provident Care had accumulated which was consum'd by Rich. 1st in the Holy Wars Rich. compell'd to resume his own Grants 110 The Money rais'd in England in Two Years of this Reign 112 An Account of King John 113 Henry the Third resumed what had been alienated by King John and at the Instance of the Barons he banished the Foreigners In this loose Reign the Money of England corrupted 114 In the Reign of Edward the First the whole Set of Judges punished and fined for their Corruptions 116 In the Reign of Edward the Second an Ordinance to prevent
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