before theym proved not to be made reared or assigned upon true Grounde or Cause of Duetee in likewyse to be voide and the Kyng therof quyte and discharged for evermore Then follow Sixteen Exceptions or Savings as to private Interests which the House of Commons make and they are much of the same Nature as those in the other Acts. Resp As touchyng this Bill of Resumption and the other Acte above specified concernynge Assignations made by the Kynge and the Fourme of Paymentes of his Dettes and all thynges comprised in either of the seid Billes and Acte and the other Matiers and Articules above specified the Kyngs Highnesse hath well conceyved and understond the same and by thadvyse and assent of the Lordes Spirituells and Lordes Temporells and the Comons beyng in this present Parlement and by the Auctorite of the same theym hath accepted and agreed So also that such Provisions and Exceptions as by his Highness be or shall be made and agreed and duryng the tyme of this present Parlement in Writyng to or upon the Premisses be good and effectuel the seide Bille or Acte or eny other the Premisses notwithstondyng for the Equyte and Right wis reward that the Kyng intendeth to do to every of his Subgietts for his Merites which shall be to the Pleaser of God and Honour of his Highnesse and the Wee l of all the Lond and People Then follow a great Number of Exceptions brought in by the King but they do not seem of that Nature as if it were design'd they should defeat the Intentions of the House of Commons as the Savinâ—s in the first Act of Resumption pass'd in this Reign plainly did So that at last both King and People appear to be in Earnest in this Matter But all the Acts of Resumption hitherto pass'd were not thought sufficient so that tho' we cannot find Richard the Third who succeeded Edward was any great Giver yet the Parliament in the Reign of Hen. 7. who was Successor to Richard believ'd another Resumption necessary Rot. Parl. 1 Hen. 7. p. 2. Anno 1. Hen. 7. Prayen the Commons in this present Parliament assembled That where the most noble and blessed Prince of most holy Memory King Henry the 6th your Uncle whom God rest and other your noble Progenitours have kept as worshipfull noble and honorable Estate of their Household in this Lond of the Revenues thereof as have done eny King or Prince in Englond christenned to the Ease and Rest of the People of the same without agrudging or lack of Payment therfore such as caused all other Londs to have this your said Lond in as worshipfull Renown and as great Dread as any other Lond christenned and for that the Revenuâ— of your said Lond to your Highnesse now belonging mowe not â—uffice to keep and susteine your honourable Household nor your other ordinarie Charges which must be kept and born worshipfully and honorably as it accordeth to the Honour of your Estate and your said Realm by which your Adversaries and Enemies shall fall into the dread wherin heretofore they have byn That it would please your Highnesse by thadvyse and assent of the Lords Spirituall and Temporall in this present Parliament assembled and by Auctoritie of the same for the Conservation and Suportation of your said Estate which first to Gods Pleasure secondarie for your own Suertie Honour and Weal and for the third to the universal Weal Ease Rest and Suertie of this Land the which you owe to preferre afore the Favour of any Persone or any Place or other Thing earthly to take seise have reteyne and resume into your Hands and Possession from the 21st Day of August last passed all such Castles Lordshipps Honours Manours Londs Tenements Rents Services Feefermes Knights Fees Advowsons Annuitees Yefts of Offices to yeve at your Pleasure Grantes of keeping Ideots Faires Markets Hundred Turnes Views of Frankplegge Leets Yssues Fines Amerciaments Libertees Fraunchises Prorogatives Escheates Custumes Reversions Remainders and all other Hereditaments with their Appurtenances whatsoever they be in England Wales Ireland of Caleys or the Merches thereof as the said most christen and blessed Prince King Henry the 6th your Unkle had of Estate of Enheritance or any other to his Use had the 2d Day of October the 34th Year of his Reigne or any tyme sith as parcell or in the Right and Title of the Crown of England of the Duchie of Lancastre the Duchie of Cornwall the Principalitie of Wales and the Earldome of Chester Saving to every of your liege People such Right Title and Interesse as they or any of them should have or might have had in or of the Premisses or any Parcel thereof other than by means of Lettres Patentes of any King of this your Realm or by Act of Parliament made after the said 2d Day And over this be it enacted ordeyned and stablished by the same Anctoritie that all Yefts Graunts Leases Releases Confirmations and Discharges of any Castels Honours Lordshipps Manours Lands Tenements Rents Services Reversions Annuites Feefermes Offices Liberties Fraunchises or other Hereditaments and all Appropriations Corporations Collations Assignments and Graunts of any Debt or Summes of mony by Letters Patentes or Tailles as to any Payment only whereof the Days of Payment have or shall grow after the 21st Day of August last passed made by Richard the 3d late in dede and not of right King of Englond any tyme during his usurped Reigne under his great Seale of the Countie Palatine of Chester or by Tailles to any persone or Persons or Body corporate and also all Yefts and Grauntes by Authoritie of Parliament or otherwyse made by Edward the 4th late King of England or by Edward his Son late called King Edward the 5th to any persone or persones be fro the said 21st Day of August adnulled void and of no force ne effecte And all Graunts made by the said Edward the 4th late King of or touching the Earldome of Devonshire or any Parcell thereof be from the same 21st Day also void and of no Force ne Effecte Then comes A Saving for some special Grants made by Edward the 4th and King Richard as to Lands of the County Palatine of Lancaster Chester or of the Earldome of March A Saving to Abbots Abbesses Priories in England or Wales as to the Restitution of any of their Temporalities A Saving for License to incorporate or found any Chantery c. Then follows And over this be it inacted ordeyned and stablished by the sayd Auctority that all Graunts and Letters Patentes of any Office made by our sayd Sovereign Lord afore the 20th Day of January the 1st Year of our Reign to any persone or persons be from hence forth void ne of no effecte A Saving for the great Officers and Others as to their Employments and Wages A Saving for the Patents of the Peers and their Creation-Money And to Corporations c. Then follow Ten Exceptions or Savings made by the House of Commons to
sur peine de forfaire le double devers nostre Seigneur le Roy repelle de mesme la chose issint demandez etre reint Imprisonnes a la volonte du Roy. Purvus toutes voys qe si ascun home eit terres tenements ou Possessions du Grant notre Seigneur le Roy ou dascuns de ses Progeniturs queux furent parcelles de la Corone qe per bon trette enter le Conseil du Roy les possesseurs des tieux Terres Tenements mesmes les Terres Tenements Possessions poient estre rejoints a la dite Corone a Profit du Roy grantants autres Terres Tenements ou Possessions de les Forfaitures avant ditz en eschange pur les Terres Tenements Possessions de la Corone susdite sy les Seigneurs ou autres qi ont Terres ou Tenements de la Corone come dessus ne voellent volontairement a ce assentir ne accorder qils eint enjoient lours terres tenements de la Corone avant ditz come ils ont eu a devant qe les Grants Officiers du Royalme par avis des Seigneurs du Conseil eient Poer de vendre parcelles deles dites Forfetures per leur bone discretion qe le Grant sur tiel vendue soit ferme estable Resp Le Roy le voet forpris d' Offices Baillis ce qil a donne en cest present Parlement issint qendroit de forfeitures adjuges en cest Parlement si ascun pretend davoir droit ou Interest en Icelles sue au Conseil sil luy semble affaire droit luy sera fait The Misgovernment of this Prince not only in his Revenues but in all the Duties of his high Office with his Profusion and Partiality to his Favourites made way for a very great Revolution and drew on so much hatred of the People as at last all his Subjects withdrew their Allegiance from him and chose another King Henry the IV. his Cousin German Anno 1. Hen. IV. The Commons Pray That the Lands parcel of the Crown-Revenue granted away by Edward III. and Richard II. may be resum'd * Rot. Par. 1 Hen. IV. Nâ— 100. Item touchant Terres Tenements Rents ou autres Possessions queconques qe furent parcelle de la Corone ou des Seignouries de la Corone en temps Seigneur Edward le tierce Roy Dengleterre ou en temps Richard darrein Roy Dengleterre nient donez per assent du Parlement ne en eschange pour autres Terres ore demurantz a la Corone qe toutz y ceux soint rejoints arere a la Corone purveu toutefoitz que si ascun Seigneur de lestate Chivaler ou Esquire pur son travaille duement deservy eit pur terme de sa vie nient autrement qil ne soit rebote dicelx devant qil soit autrement guerdonez semblablements seit feat dela Principalte de Galles de Cornwailee de Cestre reservez tout foits as Citeins Burgeys parmy tout le Royalme lour Libertees Franchises a lour Heirs Successors Resp Le Roy sadviesera par bone advys Discretion ent fera due remedie Anno 5. Hen. IV. The Commons Pray That the King would provide for the Repairing of his Castles and Houses and namely for his Castle at Windsor which was greatly in decay and not to Grant away the Profits of those Castles and Houses and notwithstanding to stand to the Repair of the same without which he could not but run to the great Charging of the Commons * Rot. Par. 5 Hen. 4. N â— 10. Et auxint les dicts Communes monstrerent coment les Chastellx autres Manoirs du Roy sont molt ruineuses embusoignant de grand Repris Reperation coment les Prosits dicelles sont donez as diverses Persones le Roy supporte les Charges come per especial le Chastel de Windesore a qel feust assignee certain Commoditie pur la Reparation dicelle ore mesme la Commoditie est donne as certaines Persones le Roy supporte les Charges auxint es autres places les Gentz preignent les Profits de Herbage del vert deins diverses ses Parkes Bois le Roy supporte les Charges de le enclosure dicell pur cestes importunes charges plusieurs autres pur les plusieurs douns des Chastellx Terres Seignouries des Annuites faits donez nient duement ne descreteinment par especial pur les Grandes Charges Depenses de le Hostel du Roy pur amendement des tielx meschiefs faire pur ouster tielx inconveniences en apres en supportation del Commune People les Communes prierent au Roy moelt entierment cordialement qe considerez les Perils imminentes de toutz parts per ses Ennemys Rebelx comes yont novelx de jour en autre coment le cas est tiel qe si tielx meschiefs ne soient Graceousement remediez refourmez en cest Parlement y purroit estre qe sur soudeins novelx de arrival des enemys ou per autre voix mesme cest Parlement de necessite seroit de tout depurtiz dissolvez jamais les Seignours ni les Communes se re-assembleroient pur remedee ne redresse faire sur les meschiefs susdits autres qe Dieux deffende It appears by the Purport of this Petition That there were certain Lands and Rents set aside or assign'd for the Repair of Windsor-Castle that ancient Seat of our Kings and Sacred to the Honours and Ceremonies of the Garter and therefore particularly provided for with a Revenue by the Wisdom of our Fore-fathers yet it seems these Lands so annex'd to Windsor were at that time Granted away to some great Man oâ— craving Courtier But this the House oâ— Commons did not then think reasonable And the Remonstrance thereupon made was kindly taken by the King For he answer'd the Petition in Person * Resp from the Throne Et sur ceo mesme nostre Seignour le Roy moelt graciousement de son bouche propre en plein Parlement chargea commenda si bien tous les ditz Seignours come les diâ—z Communes qils faiorient lour diligence luy montreroient lours bons seins conseilx celle partie pur aide de luy de tout son Roilame Et puis apres les dits Communes en mesme le Parlement firent reqeste as ditz Seignours qe come le Roy lour avoit donne tiel Charge mandement ceo en si haute Court de Record qils fairoient lour diligence bien loyalment sans curtosie faire entre eux en ascune manere come ils voloient respondere devant lue Dieux tout puissant devant nostre dit Seignour le Roy a tout le Roialme en temps avenir qe de sur ceo mesme les Communes ent fairoient semblablement
Libertees mes aient entierement enjoient toutes les ditz Libertees Franchises toutes autres lour Libertees Franchises a eux Grantez puis le dit an quarantisme pur releifuement des Fee fermes encresce Fortification des ditz Citees Burghs seloncqe la fourme effect de lour Chartres ent faites cest ordeignance nonobstant Purveu ensement qe nostre tres excellente dame la Reygne ne les Fitz du Roy ne soient contenuz soubs la constreint decest Estatute ou Ordeignance Purveu auxi qe ceux qont Purchasez de Roy Richard Tâ—rrâ—s ou Tenements qeux furent a aucunes Persones forejugez a Parlement tenus a Westminstre lan unsiesme du Regne dudit Roy Richard ne lour Heires soient oustez ne molestez de lour Terres Tenements avantditz per vertue de 〈◊〉 Nâ—â—â— câ—tte Ordeignance Iâ—em qe tous Tonelx Pipes des Vyns des prises de Roy autre Pipes Toâ—elx des Vyns grantez a ascunes Persones de qel Estat ou condition qil soit per nostre Seignour le Roy qorest ou pâ—r ses Progenitours a terme de vie ou a Terme de ans soient entierement resumes es mains du Roy. Ibid N â— 17. Item que toutes dons Grantz des Chastelx Manoires Terres Tenements Fermes Rents Annuitez Libertees Franchises ou Possessions qe-conqes faitz per le Roy Edw. Aiel nostre Seignour le Roy qorest ses Ancestres ou Progenitours devant le dit an quarantisme del Regne dudit Roy Edw. as Persones del Roialme si bien as esprituelx come temporelx a terme de vie a terme de ans en fee taille ou en fee simple ou as auscuns en mortmaine a eux a lour Successours ou as Citeins Burgheis de Citees Burghs as ceux des Cinq Ports a eux a lour Successours de assent nostre tres graceouse Seignour le Roy les Seignours esprituelx temporelx communes en ycest Parlement assemblez soient solonc le effect de lour Estates per Estatutes ent en cest Parlement affaire confermez ratifiez sans estre en aprez adnu lez repellez ou revoqez purveu toutes foitz qe dons ou Grants des Chastelx Manoires Terres Tenements Feefermes Rents Annuites Libertees Franchises ou Possessions qeconqes faitz devant le dit An quarantisme as auscunes a terme de Ans terme de vie ou en le Taille en qele Case la Reversion est reservee au Roy maintenanâ— aprez le estate determine tieux Chateaulx Manoires Terres Tenements Rents Annuities Libertees Franchises Possessions qeconqes soient revertible au Roy come a sa Corone issint soient rejointâ— a la Corone sans estre en nulle manerâ— departis ou severes en temps avenir La Responce fait per le Roy de ladvys assent des Seignours esprituelx temporelx a les Petitions dessus escripts Qeux le Roy voet metre en Execution en tout le haste possible Ibid. N o 20. Responce en Engleis as dites Petitions And for as much that the Commons desiren that the King should live upon his own as good Reason asketh and all Estates thinken the same the King thanketh them of their good desire willing put it in Execution al 's soon as he well may And because the Commons desiren that al that longed to the Corone the Fortâ—â— Year of King Edw. and sithe hath beâ— departed should be resum'd to that intent that the King might better leve of his own And foralsmuch that it may noght be known unto the King which is of the Crown and which is not without more examination ne what hath be granted sith the fortie Yere of King Edw. unto this time the King's intent is to Assign certain Lords Sprituels and certain Lords Temporels and all his Justices and his Sarjeants and all other such as him list name for to put in Execution al 's far as he may by the Law of his Land or by his Prerogotive or Liberty all the Articles contained in the Petition of the Commons in all hast that he may in discharge of his People But this good Care of the House of Commons for the King's Welfare had no other Effect than to procure That the Lands Rents Profits and Annuities so granted away should be seised into the King's Hands for one whole Year but the Reason of this may be easily seen in the Record it self A great part of these Lands were got into the hands of the Clergy The words of the Record are Outragious Grants made to divers Persons as well Spiritual as Temporal Outrageouses dons faits as divers Persons si bien Espirituelx comme Temporelx The People were in that Age very Superstitious as appears by the severe * Vid. Rot. Par. 8 Hen. IV. N â— 62. Act which pass'd two Years after against the Lollards And where the People is Superstitious the Clergy never fail to have the Chief Power And by their Interest in all probability it was procur'd that the Nation could then be reliev'd only with one Years Profit from those Grants And because this After-act militates so directly with what the Commons had done just before there are good grounds to think that the last Project began in that House which was then influenc'd by the Lords Spiritual But we shall produce the Record it self to shew that the Writer desires to handle this Subject impartially and to set every thing in a fair Light Rot. Parl. 6 Hen. IV. N. 21. Item a Considerer les Grants faits per Patentes dessous le grant Seal du Roy de ses Progenitours Predecessours as diverses Persones si bien a terme de vie come en Fee simple ou en Fee taille on autrement y ne seroit honest ny expedient pur le Roy nostre Seignour de faire repelle revocation ou resumption 〈◊〉 tielx Patentes ceo si bien pur lâ— clamour autre Inconveniences qent purront avenir as estranges parties come deins le Roialme Dengleterre Et pur ouster tielx-Meschiefs accordez est qe chascun home feme de quel estat on condition qils soient qe ont ascuns Annuites Fees ou Gages a terme de vie ou des Ans du Grant du Roy Richard ou du Roy qorest qils soefreront chascun de eux soefrera mesmes nostre Seignour le Roy davoir enjoier les dits Annuites Fees Gages del Feste de Pasche darrein passe tanqal lendemain de Pasche prochain avenir cestassavoir per un an entier Purveu toutesfois qe les Fees Gages Regardes de Chancelier Tresorer Gardien du Privee Seal Justices de lun Bank de lautre Barons de lescheqer Serjeants du Roy a la Leye des autres Officers Ministres des Courts
caused all other Londes to have this youre seid Lond in worshipfnl renowne and as grete drede as oney Lond christenned And notwithstanding the grete and large Grauntes of Godes that by youre true People of this Londe hath been often tymes geven of true love and feith tender Zele and Affection unto youre seide Highnesse ye be indebted in such outragious Somes as be not easy to be paied which by Goddes Law and eschewyng his Displeasure owe to be paied and contented and that furthermore the Revenues of the seid Londe to youre Highnesse now◠belongyng mowe not suffice to kep◠and susteyne your honourable House hold which not onely but also your other ordinarie Charge mot be kep◠and boron worshipfully as it accordeth to the Honour of youre Estate and youre seide Londe if youre Adversaries and Enemies shuld fall in◠the drede wherein heretofore the have been and shall with Godd◠Grace be of youre mighty Regal and of youre seid Lond whereof yo◠People lament and sorrow petious◠and hevely the amennsyng of th◠worship and prosperite wheryn 〈◊〉 hath joyed and ben reputed in th◠days heretofore now the refuse of a◠other Londes reputed agrugyng al◠right hevely the Charge that hath bee◠born and dayly is born among they◠of Vitaille and other Charges 〈◊〉 youre seid Household and ordinar◠Charges whereof they been not paie◠to theyr grete losse and hurt whic◠they mowe not of oney reason one longer susteyne It please you by thadvyse and Assent of the Lords Spirituel and Temporel in this present Parlement assembled and by auctorite of the same for the Conservation and Supportation of youre seid Estate which first to Goddes pleasure secundarie for youre own Suerte Honour and We le and for the third for the universal We le Ease Reste and Suerte of this Lond the which ye owe to preferre afore the favour of oney Persone or oney Place or other Thyng erthly and to th entent that youre seid Enemies from whose knowlege the penurie of youre seid Household and the Cause thereof and also the agrugying therfore of youre seid People had is not hidde whereof without dout they take a grete Courage and bouldnesse ayenst youre seid Lond mowe falle from the seid Courage into rebuke and have youre seid Lond and People in such drede as heretofore in the days of you and of youre Progenitours they have hadde to take seise have reteyne and resume into youre hands and possession from the Fest of Seint Michel tharch angel next comyng all Honours Castells Lordships Townes Townshipps Maners Londs Tenementes Wastes Forestes Chases Rentes Reversions Fee-fermes Services Issues Profites of Countees Advowsons of Priores Churches Hospitals and of free Chappel and all other Revenues with theyr Appurtenances pass'd from you syth the first day of youre Reigne and by you graunted by youre Letters Patentes by Authorite of Parlement or in oney other wyse by youre Grantes Confirmations or Relesse in Fee-simple Fee-taille terme of Lyfe or terme 〈◊〉 Yeris to oney persone or persones 〈◊〉 Englond Wales or in the Marche◠thereof in youre Londe of Ireland Guysnes Calais or in the Marches therof or in Scotland or in the Este o◠Weste Marches of Englond toward Scotland And also to take resume and reteigne into youre hands from the sei◠Fest all the Honours Castells Lordshipps Maners Londes Tenementes Wastes Rentes Reversions Fee-fermes and Services with all they re Appurtenances which were of the Dutchie o◠Lancastre and pass'd from you by youre Grauntes Confirmation or Relesse or by Auctoritie of Parlement or wherof oney persone or persones were seised to youre use or to the use of your seid Fadir o◠to the performing of youre or his Will ye to have hold and reteyne all the Premisses in and of like state fourme and condition as ye or oney other to youre Use or to the Use of youre seid Fadir or to the perfourmyng of his or youre Will hadde theym atte the seid first day or oney tyme syth oney Acte or Ordenaunce by Parlement or oney manere of Letters Patentes Grauntes or Estates by you or oney other persone or persones of oney of the Premisses in oney wyse made to or for oney Persone or Persones at youre request or desire or otherwyse notwithstanding All Offices of youre seid Dutchie such as the seid first day were Offices there and the Fees Wages and Rewardes than as afore to theym had accustomed or apperteignyng except And over that that all Manere of Graunts of Rentes Rent-charges Annuities Some or Somes of Money by you or oney other Persone syth the seid first day made of Estate of Enheritaunce or terme of Lyfe or terme of Yeris to oney Person or otherwyse to be taken or hadde in or of oney of the Premisses or of oney of youre Custumes Subsidies Awnage or of the Profites and Revenues of youre Hanaper comyng or at or in the receite of youre Exchequer or in oney other Place within this youre seid Realm or in the seid Lond of Irelond or within Wales Guysnes Caleys or the Marches therof be from the seid Fest void and of noon effecte to have hold or occupie from thenceforthe oney of the Premisses And that all Manere of Grauntes o◠Relesses by you syth the seid first day made to oney persone or persones of oney Estate of Enheritaunce terme o◠Lyfe or terme of Yeres or otherwys◠of oney of the Premisses or of th◠keepyng of oney of them or of oney of youre Goales or of oney Herbage or Pannage Fishing Pasture or Comy◠of Pasture Wareyn Wode Wax Wine Clothing Furres Annuities Fee or oney Wages for doyng or occupying oney Office or Charge and t◠noon suche Office or Charge the seid first day due accustomed belongyng o◠apperteyning be void and of noon effecte And furthermore to ordeyne by thadvyse assent and auctoritie aforesaid that all Grauntes made by you to oney persone or persones of oney Office or Offices which were noon Office or Offices the first day of youre seid Reigne or afore be voide and of noo force And that all manere of Grauntes by you or oney other Persone or Persones syth the seid first day to oney Persone or Persones made whereby the same Persone or Persones to whom oney such Graunte or Grauntes be made shuld graunte or have power to graunte oney Prebende or Prebendes Churche or Churches Hospital or Hospitals fre Chappel or fre Chappels or oney manere Collecion Office or Offices to to oney Officer to make the Yeft or Presentation of which Prebend or Prebendes Churche or Churches Hospital or Hospitals fre Chappel or fre Chappels Collecion Office or Offices or of the makyng of the seid Officers the seid first day or oney tyme syth belong'd to you be void and of noo force nor effecte to th entent that of such Offices and other the Premisses it mowe please you to reward youre Servauntes menial furthermore that all manere of Grauntes by you made to oney persone or persones of oney
Country A Prince thirsting after present or future Renown whose Example would he desire to follow That of Henry the 4th who by his Frugality brought the Crown of France out of Debt or that of Henry the 3d who harrass'd his whole Kingdom to build up four or five great Families whereby he got no more than to leave behind him so many conspicuous Monuments of his Weakness No doubt it has heretofore been thought injurious to the Reputation of a Prince to be urged by clamorous Debts to suffer many thousands of miserable Persons to want what is their due to have his Troops unpaid and his Seamen in vast Arrears and to let his menial Servants starve first by retrenchments and then by being without their settled Wages and Allowances These are truly Blemishes upon a Princes Glory and were represented as such by the Commons of England assembled in Parliament 28 Hen. 6. when they made Application That these Reflections might be taken away and that these Grievances might be redress'd and affirm'd at the same time That they could not grant any Aid unless the King would actually resume what had been obtain'd from the Crown by Importunity or Surprize upon false Suggestions or by Contrivance among the Great ones Seldom any Prince has miscarry'd in his Fame or Fortune who has constantly pursued the Publick Good and who has directed all his Counsels to his Countreys Ease and Benefit but History is full of their Troubles and Disasters who have obstinately adhear'd to a few against the whole and who have confin'd to particular Objects that Affection which ought to be extended to the universal Body of their People What was done by Henry the 1st Henry the 2d and by that Hero Richard Cordelyon What was done by that Conqueror of France Henry the 5th What that Spirited and Martial Prince Edward the 4th desir'd his Parliament in a Speech from the Throne to put in Execution and which he thanked them afterwards for doing can never be thought dishonourable in any other King and among English Men a Prince will never suffer in his present or future Renown for treading in their Steps and following their Examples And without doubt these Noble and Warlike Princes did not think the Regal Power at all impair'd by giving Way to the Resumptions which were made during their Reigns for in all these Exercises of the Legislative Authority Lords and Commons do but act subserviently under a King for his Profit Grctiu s de Jure Belli ac Pacis l. 1. Cap. 3. Num. 18. which Grotius very finely thus Illustrates Multum falluntur qui existimant cum Reges Acta quaedam sua nolunt rata esse nisi a Senatu aut alio Coetu aliquo probentur partitionem fieri potestatis nam quae Acta eum in modum rescinduntur intelligi debent rescindi Regis ipsius Imperio qui eo modo sibi cavere voluit ne quid fallaciter impetratum pro vera ipsius voluntate haberetur 2dly What Interest the People of England have in the Lands granted away and especially as to the Forfeited Estates in Ireland As to Lands appertaining to the Imperial Crown of England and of its Antient Demeasnes 't is not at all clear that they can be alienated the Fundamentals and general Grounds of Government consider'd Grotius is directly Lib. 2. Cap. 6. Num. 1â— of this Sentiment Patrimonium quoque Populi cujus fructus distinati sunt ad sustentanda Reipublicae aut Regiae dignitatis onera a Regibus alienari nec in totum nec in partâ—m potest Nam in hoc jus majus Fructuario non habent And to fortisie his own Opinion he produces very many great Authorities But we shall take notiee of some he has not mention'd Hotman is clearly of Opinion Hotman de Jâ—r Reg. Gall. T. 3. Col. 139. That the Kings of France could not alienate the Demeasnes of the Crown Itaque Anno cio ccc xcix cùm Rex Carolus comiti sampaulino particulam quandam sui domanii donasset Senatus Parisiensis pro vetere veteris trium statuum Parlamenti jure intercessit ac pronuntiavit Regii dominii diminutionem nullius esse momenti nisi cujus auctor Senatus ille Parisiensis fuisset Quod decretum Paponius inter arresta sua retulit lib. 5. tit 10. ubi alia complura generis ejusdem Senatus consulta commemorat And a little lower Quae sanè lex Reipublicae per quam utilis est ad regii dominii conservationem Quia tum demum ad tributa indictiones extraordinarias quibus plebs oneratur decurri tanquam ad subsidium solet cum illud dominium Col. 140. regium exhaustum est And again Jus Regum Francorum ita constitutum est ut non infinitam immensam regno atque imperio suo abutendi potestatem haberent non regni Patrimonium insanis largitionibus donationibus immodicis prodigorum instar dissiparent sed utpatriae ac populorum suorum salutem fidei suae creditam incolumem servarent neque ulla ex parte Rempublicam sibi commissam violarent denique ut sanctissimum illud M. Tullii praeceptum servarent Vt tutelam sic procurationem Reip. ad utilitatem eorum qui commssi sunt non ad eorum quibus commissa est gerendam esse But as we have noted in the precedent Section this Point is become more doubtful since the late Act for declaring the Rights and Liberties of the Subject which Act absolutely condemns those Clauses of non Obstante whereby these Alienations were formerly supported and such Clauses being condemn'd there are strong Reasons to think that the Act 11 H. 4. which clearly prohibits such Grants is now return'd to its first Force and Vigour However let this Matter stand as it will we shall probably make it appear That the Lands in Ireland which the People of England have within a few Years repurchased with so much Blood and Treasure are quite upon another Foot Lib. 3. Cap. 6. Num. 10. Grotiuus affirms 't is the Law of Natious Ex Jure Gentium That the Lands of the Vanquish'd should go to the Conquering People Ex quo gentium Jure Scipio agit â—um Masinissa apud Livium Syphax Populi Romani Auspiciis victus Captusque est Itaque Conjux Regnum Ager Oppida homines qui incolunt quicquid Syphacis fuit Praeda Populi Romani est What he terms the Law of Nations is all the highest Result of Reason for is it not just that what is gain'd at their Expence should belong to them Hotman putting the Case how it should be if the Lands to be given away are newly Conquer'd says †Hotman Quaest Il-Iust T. 1. Col. 850. Restat pars ultima cùm armis Bello regnum quaesitum est Nam cùm armis Principis partum atque in ejus ditionem redactum sit consentaneum videtur ut de eo statuere arbitratu suo possit Sed cum eam ditionem solus ac
out of several Mannors Insomuch that * Fol. 523 Ordericus Vitalis says William the Ist had coming in L 1061-10-1 â— 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 Proceribâ—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
and Confiscated to the King's use In this Colloquy the Barons told him That he was in Debt and Ruin'd by the Strangers about him who had Consum'd all so that he was forc'd to give Tallies for the Victuals of his Table * Knyghton Col. 2445. N o 10. Domine Rex inter manus Alienigenarum res utique tua male agitur diversimode tractatur nam consumptis universis multo jam deprimeris eâ— alieno datis pro cibariis tuis Talleiâ— versus es in scandalum in omni populo tuo The Consequence of this Profusion was grievous Taxes the Taxes produc'd Discontents these Discontents encourag'â— Simon Montford and others to begin thâ— Civil War in which this King had beeâ— lost but for the Courage and Conduct 〈◊〉 his Son In the Reign of Edward the I. we 〈◊〉 not find there was any Resumption bâ— Annn Dom. 1289. the Legislative Authority did very wisely interpose in Correâ—ing the Abuses of Westminster-Hall * Vide Dan. p. 160 Mat. West p. 414. N o 10 and Knyghton Col. 2466. Finâ—ing all the Judges for their Corruptioâ— and Extortions Sir Ralph Hengham wâ— had been Chief Justice of the highâ— Bench and Commissioner for the Gâ—vernment of the Kingdom in the King Absence paid Seven thousand Marcs 〈◊〉 Edward Stratton paid Thirty four thousand Marcs Thomas Wayland found the greatest Delinquent Forfeited all his Estate The whole Set paid among 'em 〈◊〉 Hundred thousand Marcs which for those Days was a prodigious Summ. The next Reign of Edward the IId gives the prospect of Civil Wars Treachery Bloodshed and a view of all the Calamities that are the Consequences of â— Riotous and Profuse Court The unbounded Favour of this Prince o his Minion Pierce Gaveston made Earl of Cornwal and the Waste which the said Earl had made in the Crown-Revenue so provok'd the Peers that they never restd till they had obtain'd an Instrument mpowering several Ecclesiastical and â—ay Lords to make certain Ordinances â—or the good of the Kingdom which nstrument and Ordinances made by Virue of it were afterwards ratify'd in Parament Among other things it was then order'd That the Crown-Revenue should â—ot be Alienated Derecheif ordein est Rot. Ord. 5 Edw. II. N o. 3. pur les dettes le Roy acquitter son estate relever le plus honourablement mainteiner qe nul don de Terre ne de Rent ne de Franchise ne d' Eschete ne de Gard ne Marriage ne Baillie se face a nul des ditz Ordenours durant leur poer del dit ordeinment ne a uul autre sauns Conseil assent des ditz Ordenours ou de la greinder partie de eux au six de eux au moins mes totes les choses desquex profits poit surdre soient enpruees al profit le Roy jusques son estat soit avenantment releve c. There is this Remarkable in the Record That they bound up themselves as well as others from receiving any part of the King's Lands as we may suppose not thinking it fair for them who had the Power to keep the Purse shut to others and to open it for themselves They took likewise Care of a Resumption * Ibed N o 7. Et puis derecheife pur se qe lâ— Corone est tant abeissee demembree pâ— diverses donns nous Ordinons qe toâ— les donns qe sont donez au damage dâ— Roy descresse de la Corone puis 〈◊〉 Commission a nous fait des Chasteam Villes Terres Tenements Bayleâ— Gardez Marriages Eschetes Relâ— queconques queles soint aussibien 〈◊〉 Gascoin Irland Gales Escoce coâ— me en Engleterre soint repelleez noâ— les repellons de tout sanz estre redonnâ— a meismes ceux sanz comun assent 〈◊〉 Parlement Et que si tieu maner des dom ou Reles soint Desormes donez encâ—â—tre la form avantdit sanz assent de soâ— Barnage ce en Parlement tant qe 〈◊〉 dettes soint acquittees son estatâ— avenantment releves soint tenus poâ— nuls soit le pernour puny en Parlement par Agard del Barnage 'T is true these Ordinances were revok'd in the * Great Statute Roll from H. III. to 21 Ed. III M. 31. Bibli Cott. Claud. Parliament which this King held at York the 15th of his Reign just after he had Defeated and put to Death Thomas Earl of Lancaster with many other of the Barons But his Rigid Proceeding with those who had Fought in Defence of their Countries Freedom and his immoderate Favour and Bounty to the Spencers Earls of Whinchester and Gloster with all his other Mis-government lost him both his Crown and Life in a short time after 'T is to be presum'd That what the Parliament had done in Edward II. Reign to hinder the Favourites from making Depredations upon the Crown-Revenue had effectually stopp'd the Evil because we do not find there was any need of an Act of Resumption in Edward the III's Time There is no part of our History more remarkable than the Life of Richard II. Grandson of Edward III. And no Times afford so many Presidents of Liberty asserted and of the Excesses of Regal Power with the Corruption of bad Ministers as this unfortunate Reign But Misgovernment will of Necessity bring on good Laws in the End The lavish Temper of this Prince his unreasonable Favour to the Duke of Ireland to Michal de la Pool Earl Suffolk his Chancellor and others with his loose and careless Administration produc'd the Parliaments of 10th 11th and 13th Richard II. by which his Power was circumscribd and bounded 'T is true 21 Richard II. he procur'd a Repeal of what had been formerly settled by Parliament for the Welfare of the Kingdom in which Sessions he got Iniquity establish'd by a Law but the Conclusion of all this Misgoverment was that he incurr'd so much the Publick hatred as to be deserted by the whole People and in a solemn manner to be depos'd The Excesses of the Court and Rapine of the Ministers in those days and towards the latter end of Edward III. produc'd Acts of Resumption The Commons pray that all kind of Gifts whatsoever made by King Edward III. may be examin'd if worthily bestow'd to be Confirm'd if otherwise to be Revok'd * Rot. Parl. 1 Ri. II. N o. 48. Item ils Prient pur ceo que la Corone est moult abaisse demembre par divers donns donez en temps de notre Seigneur que Dieux assoille queux donns il estoit malement deceux en plusieurs Personnes malement emploeis come home le poet declarer a grand damage de lui de notre Seigneur le Roi q'ore est si bien des Chasteaux Villes Terres Tenements Baillez Gardes Marriages Eschetes Releves aussi bien en Gascoigne Irlande come en Engleterre qe plese a notre Seigneur le Roy son Conseil faire examiner par les Rolles
a Tenth out of their Goods only thrice a Tenth Five Fifteens besides a Tenth and Fifteenth which amounted to 120000 l. Three Subsides of which the last came to but 36000 l. One Benevolence And of the Clergy twice the Tenth and 25000 l. by way of Subsidy and yet Cotton says for which he cites a good * Lib. Acquit in t Regem Dudley R. C. Authority That he left behind him in Bullion Four Millions and a Half besides his Plate and rich Attire of House My Lord †Life of Hen. 7. p. 230. Bacon indeed brings the Sum lower and says it was near Eighteen Hundred Thousand Pounds Sterling But to reckon according to either of these Authors the Sum was prodigious for those Times 'T is true he had very extraordinary Ways of scraping up Money such as Sale of Offices Redemption of Penalties dispensing with the Laws and the like but all these together produc'd only * Answer to the Reasons c. p. 52. 120000 l. per Annum Besides Empson and Dudley the Two Ministers of his Extortions did not commit their Rapines till towards the latter End of his Reign From whence we may reasonably conclude that the Principal Foundation of all this Wealth join'd with his own Parsimony must have been the Crown-Revenue and that the former Acts of Resumption with that which was made in his own Reign which no doubt this frugal Prince took Care to see put in Execution had reduced it to it 's former State and Condition For had no more been left than 5000 l. per Annum there would have been no matter for his Oeconomy to work upon so that we may very well infer that the fore-mentioned Resumptions had reliev'd the King's Affairs and brought the Crown-Revenue once more into a flourishing Condition But Henry the Eighth not only spent the immense Sum left him by his Father but likewise a great Part of that Revenue which came to the Crown by seizing the Abby-Lands which amounted to * Hist of the Reform Part 2. p. 268. 131607 l. 6 s. 4 d. per Ann. However he who considers the History of those Times and how much this Prince made himself the Arbiter of Europe will find his Money was not so unprofitably spent as is vulgarly imagin'd Besides †Ibid. p. 269. great Sums were laid out on building and fortifying many Ports in the Channel and other Parts of England which were rais'd by the Sale of Abby-Lands But notwithstanding the expensive Temper of this Prince he left his Successors very sufficient and substantial Landlords in England For we found in Sir Robert Cotton's Library in a * Cleopatra F. 6. Fol. 51. Book part of which is of that learned Antiquary's own Hand writing and to which King James the First has set his Name James R. which Book contains very many curious Things That the Revenue of the 12th of Elizabeth besides the Wards and Dutchy of Laâ—câ—ster amounted to 188197 l. 4 s. per Annum The Writer of these Papers does not remember to have met with any Thing relating to Resumptions in the Reign of Queen Elizabeth but the Reason why nothing of that Nature should be done in her Time is very obvious her Father had alienated from the Crown a great Part of the Abby-Lands or exchang'd 'em for other Lands as a Multitude of Acts pass'd to that Purpose in his Reign Witness And it was a strong Security to the Protestant Religion and Interest that those Estates should remain in the Hands and Possessions of private Persons A Resumption was thought on in the Reign of King James the First of which the forementioned Tracts of Sir Robert Cotton are a sufficient Evidence Besides in the †Annals of King Jam. p. 10. Annals of those Times 't is said to have been debated in Council But in the Reign of King Charles the Second a Resumption was again agitated for we find in the Journals of the House of Commons Martis 22 Die Maii 1660. A Bill for making void of Grants made since May 1642 of Titles of Honor Mannors Lands Tenements and Hereditaments pass'd under several great Seals by the late King Charles or the King's Majesty that now is or any other great Seal was this Day read the second Time and upon the Question committed c. And as a Mark that these Alienations of the Crown-Revenue were always distasteful to the People of England and to show that the House of Commons desir'd that a new Prince should betimes know the Nation 's Sence in this Matter we shall produce the following Resolves of that Parliament which restor'd King Charles Martis 4 Die Sept. 1660. Resolv'd That this House doth agree with the Committee That a Bill be brought in for Settling the Lands of the Crown so as that no Grant of the Inheritance shall be good in Law nor any Lease for more than Three Lives or One and Thirty Years where a Third Part of the true yearly Value is reserv'd for a Rent as it shall appear upon a Return of a Survey which that Act is to take Order for to be speedily had and taken and that Mr. Sollicitor General and Mr. Serjeant Glyn do prepare and bring in a Bill accordingly Resolv'd That this House doth agree with the Committee That the King's Majesty be humbly desir'd from this House to forbear to make any Leases of the Lands or other Grants of the Revenue of the Crown till the said last mention'd Act be pass'd And the Reason why these good Resolutions took no Effect is not at all difficult to discover 'T is to be fear'd that too many we mean without Doors in those corrupt Times not only were concern'd in the Grant already made but likewise did design as it prov'd afterwards to get for themselves what remain'd of the King's Lands And now for a full Answer to those who pretend Resumptions had never any Effect we shall produce a State of the Crown-Revenue as it lay before the House of Commons the same Year Martis die 4. Sept. 1660. ' Sir Heneage Finch reports from the Committee That according to the best Information the Committee could receive and by Estimate the Revenue amountted to 819398 l. per Annum viz.  l. By Customs 400000. By Composition for the Court of Wards 100000. The Revenue of Farms and Rents 263598. The Office of Postage 21500. The Proceed of Dean Forest 4000. The Imposition on the Sea-Coal exported 8000. Wine-Licenâ—e and other Additions 22300. Total 819398. From which Accompt it appears that notwithstanding the Profusion of Henry the Eighth and the irregular Bounty of K. James the 1st to his Scots the Land-Revenue of the Crown which Anno 28. Hen. 6. when the Parliament made the first formal and regular Resumption was reduc'd to 5000 l. per Annum came afterwards with the Forest of Dean to amount to 267598 l. per Annum Our Princes have seldom been known to purchase Lands The abby-Abby-Lands could not make this
great Increase besides 't is notorious K. Henry the Eighth either sold or gave away a great Part of the church-Church-Lands From all which it must follow by undeniable Consequence that the fore-mention'd Acts of Resumption did restore the Crown-Revenue consisting in Rents and Farms to the State and Condition wherein it was in the beginning of King Charles the Second's Reign And Lastly For their Satisfaction who pretend Resumptions are against the Fundamentals of our English Law we shall produce the Opinion of a Venerable and Learned Lawyer in this Point 't is taken out of a Book written by Sir John Fortescue Chief Justice of the Common-Pleas in the Reign of Henry the Sixth The Manuscript is in the Bodleian Library at Oxford 't is intituled Sir John Fortescue's Treatise De Dominio Regali and De Dominio Regali Politico But let the Author himself speak with his Old English Heart as well as in his Old English Words CHAP. XI Hereafter ys schewyd what of the Kyng's Lyvelood geven away may best be takyn ageyne Bib. Bodl. Digh. 145 The Kyng our Souveraign Lord had by times sethen he Reyned upon us Lyvelood in Lordshipps Londs Tenements and Rents nere hand to the Value of the 5th Part of his Realme above the Possessions of the Chirche by whiche Lyvelood if it had abydyn still in his Hands he had been more mighty of good Revenues than any of the sayd Two Kyngs sc the Kyng of France or the Sowdan of Babylon or any Kyng that now reyneth upon Cristen Men. But this was not possible to have done for to sum parte thereof the Heyres of them that sum time owyd it be restored sum by reason of Taylys sum by reason of other Tytles which the Kyng hath considered and thought them good and reasonable And sum of the same Lyvelood hys good Grace hath gyven to such as hath servyd him so notably that as their Renown will be eternal so it befetteth the Kyngs Magnificence to make their Rewards everlasting in their Heyres to his Honour and their perpetual Memory And also the Kyng hath gyven parte of Lyvelood to his most honourable Brethren which not onley have servid hym in the manner aforesaid but byn also so nygh in Blode to his Highnesse that it befet not his Magnificence to have done otherwise Neverthelesse some Men have done hym Service for which it is reasonable that his Grace had rewardyd them and for lack of Money the Kyng than rewarded them with Lond And to sum Men he hath done yn likewise above their Demerits thorow Importunite of their Sewtes And yt is supposyd that to some of them is gyven a C l. worth Lond yerely that would have hould him content with CC l. in Money if they might have had it in hande wherefore yt is thought yf such Giftes and namely those which have byn made inconsyderately or above the Merits of then that have them ware reformyd and they rewardyd with Money or Offices or somewhat Lyvelood for terme of Life which after their Deths wold then return to the Crown the Kyng schuld have such Lyvelood as we now seke for sufficient for the Maintenance of his Estate And yf yt would not then be so grete I hold yt for undoubtyd that the People of this Lond wol be wyllyng to graunte hym a Snbsidye upon such Commodities of his Realm as be before specifyd as schal accomplish that which schal lack him of such Lyvelood So that his Highnesse wol wel establish the same Lyvelood then remaynyng to abide perpetually to his Crown without translatyng therof to any other Use For when that schal happyn hereafter to be given hytte schal nede that his Commons be chargyd with a newe Subsidye and be alwaye kepte in Povertie Hereafter ys schewyd why yt needeth that there be a Resumption We found by grete Causys yt was nedefull that all such Gyftes as have ben made of the Kynges Lyvelood inconsyderately as not deservyd or above the Merites of them that hath getyn them were reformyd so that they which have done Service be not over rewardyd which thyng as me thynketh may not perfitly be done without a general Resumption made by Act of Parlement And that ther be gevyn the Kynge by the Auctorite of the same Parlement a grete Subsidye with which his Highness with the Advice of his Counceil may reward those that have deservyd rewards and ought not therefore to have parte of his Revenues by which his Estate must nedes be mainteyned or ought not to have so much of the Revenues as they have now or not so grete Estate in the same Consyderyng that all such geving away of the Kynges Lyvelood is harmfull to all his Leige Men which schal therbye as is before schewyd be artyd to a new Charge for the Sustentation of his Estate But yet or any such Resumption be made yt schal be good that an honorable and notable Counceil be establyshyd by the advyse of which all new Gyftes and Rewards may be moderyd and made as yf no such Gyftes or Rewards had ben made before this time Provyded alway that no Man be harmyd by reason of such Resumption in the Arrearages oâ— such Lyvelood as he schal then have which schold ron after the Resumption and before the sayd new Gyftes and Rewards And when such a Counceil is fully create and establyshyd hyt schal be good that all Supplications which schal be made to the Kynge for any Gyfte or Reward be sent to the same Counceil and ther debatyd and delibered First whither the Suppliant have deservyd such Reward as he askyth and yf he have deservyd yt yet yt nedeth that yt be delibered whether the Kynge may gyve such Rewards as he asketh of his Revenues savyng to hymself sufficient for the Sustenaunce of his Estate or else such gevyng war no Vertue but rather a Spice of Prodigality and as for so much it war delapidation of his Crown Wherfor no private Person wol by reason of liberalite or of reward so abate his own Lyvelood as he may not kepe such Estate as he did before And truly it war better that a private Person lackyd his Reward which he hath wel deservyd than that by his Reward the good Publicke and also the Lond were hurt Wherfor to eschewe these two Harmes hyt may than be advysyd by the Counceil how such a person may be rewardyd with Office Money Marriage Fraunchise Privilege or such other thyng of which the Crown hath grete Rychesse and veryly if thys Order be kepte the Kynge schal not be be grevyd by importunyte of Sewters nor they schal by importunyte or brocage optain any unreasonable desires O what myghty quiet schal growe to the Kynge by this Order and in what rest schal al hys People lyve havyng no Colour of grutchyng with such as schal be about hys Person As they were wont to have for the gyvyng away of his Londs and for miscounceiling hym in many other Causis nor of
de vivre morir ovesqe lui encountre touts Gentz ceo par le Tresor qe il purchace de jour en jour enseignurant surlestate le Roy de la Corone en destruction du Roi du Peuple especialment enloignant le cuer le Seignour de ces liges Gentz en despisant lours Counseils nient soeffrant bons Ministers faire ley de Terre en ostant les bons Ministers mettant ceux de sa Covine ausi biens Aliens come autres qi a sa volunt a son commandment offendent droit et ley de Terre en parnant Terres Tenements et Baillies du Roi a lui et a ses Heires Et ad fait qe le Roi ad done Terres Tenements de sa Corone as divers Gentz a grand damage et decrese de l Estate le Roi et de sa Corone Et ceo ausi bien puis l ordeinement qe le Roi granta as Ordeinours de faire au profit de li et de son People come devant encountre l ordeinement des Ordeinours Et maintient Robbeours Homicides et les fait avoir le chartre le Roi de Peez en donant hardement a mesfeseurs de pis faire et menant le Roi en Terre de Guerre sauz commun assent de son Barnage en peril de son Corps et en destruction du Roialme Et en fesant sealer blanches Chartres desoutz le Grand Seal le Roi en deceit et desheritance du Roy et de sa Corone et encontre son Homage et felonesement fauxment et treterousment ad fait les choses susdites a grand dishonour et damage du Roi et desheritison de la Corone et a destruction du People in moults maners Et ovesqe ceo nous eantz regard a lez faits le tresnable Roi Pere le Roi qore est par qi Agard lavant dit Pieres forsjura le Roialme d Engleterre et voleit qe nostre Seignour le Roi son Fitz forjurast a touz jours la Campaigne de lui et qi puis par comun assent de tout le Roialme et du Roi et de lui mesmes les Prelatz Counts et Barouns autrefoitz estoit agardez de meisme le Roialme voider et voida et qe son retorner nestoit unqes par comun assent mes solement par assent des ascuns persons qi souz Condition si bien se portast apres son retourner a ce se assentirent Et ore certainement est troves son mal port pur qeuâ—port et pur Les grandes mauvaisetees Susdites et pur plusors autres qe purront aveiner a nostre Seignour le Roi et a son People et pur bon accord nurrer entre le Roi et ses Gentz et moltes maniers de discordes et perils eschuire Nous ordeinous par vertue de la Commission nostre Seignour le Roi a nous grantee qe Pieres de Gaveston come apiert Enemy le Roy et de son People soit de tout exiles auxi bien hors de Roialme d Engleterre d Escoce d Irland et de Galles come de â—oâ—e la Seignourie nostre Seignour le Roy auxi bien dela la mere come de cea a touz jourz sans james returner et qil voide le Roailme d Engleterre et totes les Terres susdites et tout outriment la Seignourie nostre Seignour le Roi entre ci et la Fest de toutz Seintz prochein avenir Et luy donons Port a Dover en la forme susdite et nuelle parte aillours a passer et a voider Et si le dit Pieres demoerge en le Roialme d Engleterre ou uuelle parte aillours en la Seignourie nostre Seignour le Roi outre la dit jour qe done luy est de voider et de passer come est susdite Adunqe soit fait de luy come del Enemy du Roi et du Roialme et de son People Et qe touz ceux qi desormes voant encontre cest ordeinement en droit du dit Exile ove le peine qe sensuit soit fait de eux solone ceo qe y appent si de ceo soint atteintz Pieres Gaveston at first was a Man only in the King's Pleasures but as weak Princes often remove Men from their Pleasures into their Business so Gaveston became presently a Minister of State For the Records show that he was Guardian and Lieutenant of the Kingdom in the King's Absence with very immoderate Powers and afterwards he was constituted * Pat. 1. Ed. 2. m. 3. Lieutenant of Ireland but the extravagant Honours and Favours conferr'd upon him and the Lands he got from the King drew as all our Historians witness the Indignation of the Parliament upon him †Walsing p. 99. Tho. Walsingham says that the Barons Librato utrobique Periculo inveniunt quod vivente Petro esse non poterit Pax in Regno nec Rex abundare Thesauro And so they never rested till he was banish'd the Kingdom * 5 Edw. 2. Rot. Parl. Nu. 22. In the same Parliament Henry de Beaumont was likewise accus'd for that to the damage and dishonour of the King he had receiv'd the Kingdom of Man which the Lords whom the King had consented should be of his standing Council thought fit should remain to the Crown And for that he had procur'd from the King to himself other Rents Lands Franchises and Offices And for that he had procur'd for others the Grants of Lands Rents Tenements Franchises and Offices And for that he had given evil Council to the King contrary to his Oath For all which the Judgment upon him was That he should be outed the King's Council for ever and not come near the King's Person unless he were summon'd to Parliament or call'd upon to attend the King in his Wars Or unless it were by common Assent of Archbishops Bishops Earls and Barons in full Parliament and that all his other Lands should be seiz'd into the King's Hands until the King should be satisfy'd the full value of what he had receiv'd from those Lands so granted to him by the King It seems likewise that in this Reign the Ladies were Begging and Intreaguing at Court For the Lady Vescey was * Rot. ibid. Nu. 23. accus'd for having prevail'd upon the King to give Sir Henry Beaumont her Brother and to others Lands Franchises and Offices to the Damage and Dishonour of the King for which she was order'd to repair to her own House without ever returning to Court to make stay there 'T is true as we have noted before the King got this whole Act repeal'd at the Parliament held at York 15 Edw. 2. but it was just after he had made a War upon his People and put to Death the * Tho. Walsing p. 116. Earl of Lancaster of the Blood Royal and Eleven or Twelve of the other Peers of
England And what succeeded to this unfortunate Prince upon such an extraordinary Act of Violence is but too manifest The Ministers and Promoters of all the Irregularities committed by that King were the two Spencers Earls of Winchester and Glocester who were put to death in a tumultuous manner * Col. 2547. Knyghton indeed says the Earl of Glocester was arraign'd before Sir William Trussel Justiciarie Dominus Hugo Spencer ductus coram domino Willielmo Trussell Justiciario areniatus est coram eo ad Barrum One of the principal Heads of the Accusation against Hugh Spencer was for that he had advised the King to give and grant unto the false Traitor the Earl of Winchester Andrew Harkely and to himself Lands appertaining to the Crown in disherison thereof * Kâ—yghâ—on Col. 2548. Hugh apres celle maveiste vous Consellastes nostre Seignour le Roy en desheritaunce de sa Coronne a doner vostre Piere que fuist faux Traytour le Conte de Wyncestre Andrewe de Harkely Traytour notorye attaynte le Conte de Cardoyle Et a vous Hugh la Terre de Cantermaure altres Terres que furont proprement Appurtenancez a la Coronne For which and for other Crimes he was condemned and Executed Among the Articles exhibited in Parliament Anno 4. Edw. 3. against Roger Mortimer Earl of March two of 'em are for procuring to himself Grants of the Crown-Revenue That he caused the King to make him Earl of March and to give Him and his Heirs many Lands in Disherison of the Crown And that the said Roger caused the King to give to Him and his Children and Confederates Castles Towns Mannors and Franchises in England Ireland and Wales in decrease of the Revenues of the Crown Judicium Rogeri de Mortimer * Rot. Parl. 4 Edw. 3. Et a mesme le Parlement per son dit Royal Poer a luy accroche fist tante qe nostre Seignour le Roy luy fist Conte de la Marchie luy dona plusours Terres a luy a ses Heirs en desheritance nostre dit Seignour le Roy de sa Corone Item le dit Roger per son Royal Poer a luy accroche fist le Roy doner a luy a ses Enfantz a ses Alliez Chastelx Villes Manoirs Franchises en Engleterre Irland Gales en decrese de sa Corone Rot. ibid For this and for other Crimes of which some were judg'd to amount to Treason he was condemned to be hang'd at Tyburn and the Sheriffs of London were order'd to attend the Execution In the 10th of Richard II. Michael de la Pool Earl of Suffolk was Impeach'd in Parliament upon several Articles the Principal of which was For that being Lord Chancellor and sworn to promote the King's Profit he had purchas'd of the King Lands Tenements and Rents of a great Value against his Oath and such Grants being more than he deserv'd considering the great Poverty of the King and Kingdom To which he answer'd that he had no Lands of the King but since his being created Earl and that by way of Exchange To which the Commons reply'd by showing the Oath he took when he was made Lord Chancellor the Effect whereof was for doing Justice observing the Laws Councelling the King and not to suffer any Damage or Disherison of the Crown and that by all means he should promote the King's Profit And hereupon because he confess'd the Gift of the Lands to him whilst he was Chancellor and that during the same time the Exchange was made of good Lands for a Casual Custom at the Port of Hull they inferr'd that the same was not for the King's Profit according to the Tenor of the Chancellor's Oath And therefore they pray Judgment The Judgment against the said Earl was That for Breach of his Oath all the said Mannors and Hereditaments which he had of the King's Gift should be seiz'd into the King's Hands together with all the mean Profits saving to the Earl his 20 l. per Annum Creation-Mony in the County of Suffolk But take the Words of the Record as far forth as they relate to the present Matter Rot. Parl. 10 Ri. 2. P. 1. Num. 1. Premierement qe le dit Conte estant Chanceller jure de faire le Profit du Roy purchassa de nostre Seignour le Roy Terres Tenements et Rents a grand value come piert per Recordes Rolles de la Chancellerie encontre son serment La ou il n'avoit tant desservi considerez la grante necessite du Roy et du Royalme et outre ce a cause qe le dit Conte fust Chanceller au temps du dit Purchasse faite les dites Terres et Tenements furent extendus a meindre value qils ne veillent per an per grant some en deceite du Roy. Rot. ibid. Nu. 6. Qand al premier Article de son Empechement cest assavoir depuis qil estoit Chanceller qil deust purchasser certeins Terres du Roy c. Le dit Conte respond qe depuis qil fust Chanceller il ne purchassa unqes nulles Terres ne Tenements du Roy ne le Roy luy donna ne al nully des soins nulles Terres ne Tenements tant qe aux temps qe le Roy fist prendre l'estat du Conte mes per voie de verrai Exchange Cest assavoir qe come le dit Conte avoit CCCC Marcs annuelx sur la Custume de Kyngston sur Hull per descente de Heritage pur qeux il pleust au Roy d assigner au dit Conte Terres et Tenements a la value et assignee et ordonna partie devant qil fust Chanceller et partie depuis et ce au profit du Roy si bien annuellement come par Cause de une Some de mille Marcs paiees ou Roy per le dit Conte pour celle cause c. Then he proceeds to give several Particulars of the Agreement and to set forth his Merits and that the King made him take the Honour of Earl upon him without his seeking and how he was persuaded to be Chancellor But it seems the Parliament did not take his Answer to be sufficient for the Commons reply'd in the Words following Rot. ibid. Num. 8. Et les Communes replians al responce du dit Conte del premier Article Monstrent as Seignours la Copie de son serment fait qant il fust Creez Chanceller en maniere quensuit Vous Jurrez qe bien et Loyallement servirez a nostre Seignour le Roy et a son People en l office de Chanceller et droit feres as toutes Gens pouvres et riches seloncles lois et usages du Royalme et loyalement conseillerez le Roy et son Conseil sellerez et qe vous ne saverez ne sufferez le damage ne desberitison le Roy ne qe les droitures de la Corone soient destruits per nulle
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
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 it if you will take in all the Grants since the Restoration of King Charles the Second But few are so short sighted as not to see into this Artifice such as are for making their Resumption so large desire none at all and would engage a great many different Titles to oppose it If it could possibly consist with the Rules of Justice if to do so would not produce unspeakable Disorders if it would not utterly ruin a great number of Families no doubt the Publick labouring under so many Debts and Difficulties such a general Resumption would be advisable all which are strong Objections to the making it so extensive To which may be answer'd that the same Inconveniences will happen by resuming the Irish Forfeitures we shall therefore try to shew how the Cases differ But to clear these Points we must repeat some things that have been laid down in the foregoing part of this Discourse That the Kings of this Realm have always prescribed a Power of alienating the Crown-Revenue by their Great Seals That it would not have been convenient in the beginning of this Constitution to have bound up the Prince's Hands from all kind of Alienations for then by Forfeitures and Attainders in process of time the King would have been Lord of the whole Soil That however Parliments by Petitions Bills or Acts of Resumption have all along laid in a claim of the People's Interest in this Revenue especially when the Grants were become exorbitant That the Wasts committed upon the Crown-Revenue produced at last viz. 11. Hen. 4. a positive Law porhibiting these sort of Alienations That the force of the Law was evaded by Clauses of non obstante incerted in the Letters Patents That these Clauses seem condemn'd by the late Act for declaring the Rights and Liberties of the Subjects When King Charles the 2d came in the Doctrine of the Court was sow a little that you may reap much and they who were then intrusted with the Nation 's Purse were themselves for diving into the Princes Pocket And at the same time the Doctrine of Westminster Hall was to advance the Prerogative as high as possible thus the King was perswaded to give away the greatest part of his Crown Lands and by the Proceedings of Westminster Hall the People were encouraged to think such Grants were good in Law the Courtier begg'd and the Citizen bought so that immediately he was in a manner divested of all and yet they who had suffer'd for him and his Father were few of 'em the better for all this immoderate Bounty These Liberalities of his were not bestow'd as the Recompence of antient Merit but were often the Price of Treachery and the Rewards of Vice And as Cyrus observ'd that in Camps the most worthless Souldiers are the busiest to get Plunder so the same thing may be said of a Court expos'd to Spoil the worst Men in it are the most ravenous and generally make the best Advantages The Observation we have now made did apparently hold true as to King Charles's Court however ill-gotten Goods seldom thrive and very little of what was thus obtain'd remains with the first Possessors but is now dispers'd into a Multitude of Hands Though what he did was so prejudicial to the Crown yet such was then the flourishing Condition of our Affairs that we could bear a great deal of ill Management Besides some were glad enough to see a young Prince necessitated to depend upon his People who was apprehended to meditate arbitrary Power But whatever govern'd the Councels of those times certain it is that there was no actual Bar put in the Way of his destructive Bounty 'T is true as we have noted in the third Section 't was complain'd of but all ended in an Address which had very little in it of the Spirit which our Ancestors had shewn upon the like Occasions Leave was given at the beginning of that Reign to bring in a Bill of Resumption A Bill was twice read to regulate and restrain such Alienations and an Address was thereupon made but no consequence following upon all this the People of England had reason to believe that the Parliament acquiesced in what was done at Court The matter did not only Sleep then but was not as we can find afterwards reviv'd and for many Years it was hardly mention'd in the House of Commons insomuch that Estates though so newly deriv'd from the Crown came in a short space of Time to bear almost an equal value with any other sort of Land But if as in ancient times such a Proceeding of the Court had been complain'd of from Sessions to Sessions if as heretofore the Ministers that procured the Grants had been impeach'd if Bills of Resumption had been frequently offer'd though rejected such Motions would have been some Warning to the Nation the Purchasers would have look'd about 'em every Man must have known the Hazzard he was to undergo and he can only accuse himself who will run into it when before hand he is acquainted with the Danger But the Legislative Authority continuing so long silent in the matter and the Lawyers of those times making no Objection to Titles of this Sort depending upon their Ex certa Scientia mero Mortu Gratia speciali and yet more upon their Clauses of non obstante the People were induced to think they might as safely make these as any other Sort of Purchases Hence it was that what belong'd to the Crown but so lately came to be a matter of Publick Traffick among the People insomuch that the whole Fortune of very many Families is therein embark'd What Cato said is indeed true if rightly distinguish'd that there ought to be no praescription against the Publick Plut. vit Cat. Neâ— Mortales contra Deum immortalem nec privatos contra Rempublicam praescribere posse This holds without doubt when private Men get fraudulently or by Force into Possession of what belongs to the Publick and at the beginning were Possessores mala Fide which length of time ought not to purge But in a mixt Government if one Part of the State suffers the other Part to alienate what the whole have an Interest in and if the said Part had power and Opportunity to make an Opposition and yet made none it implies such a Consent as according to the Law of Nations and the Rules of Justice ought to indemnifie to all Intents and Purposes the Possessor bona fide and the Purchaser upon a valuable Consideration Grotius Dc Jure Belli ac Pacis l. 2. Cap. 6. n. 10. speaking upon Alienations says * Inconsulto vero Populo Rex id non potest si maneamus inter terminos naturales quia juris temporarii quale est Regnum electorum aut lege succedentium ad Imperium effectus nisi temporarii esse non possunt potuit tamen Populi ut expressus consensus ita tacitus consuetudine introductus qualem nunc passim vigere cernimus id
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