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land_n	grant_v	rent_n	reversion_n	1,869	5	11.8237	5	true

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

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

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 T●rr●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 〈◊〉 N●●● c●tte Ordeignance I●em qe tous Tonelx Pipes des Vyns des prises de Roy autre Pipes To●elx des Vyns grantez a ascunes Persones de qel Estat ou condition qil soit per nostre Seignour le Roy qorest ou p●r ses Progenitours a terme de vie ou a Terme de ans soient entierement resumes es mains du Roy. Ibid N ● 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 maintenan● 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 rejoint● a la Corone sans estre en nulle maner● 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 Fort●● Year of King Edw. and sithe hath be● 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 ● 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 l● 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

and Roial Court of Parlement and by Aucthorite of the same Resp The Kyng by the Advyse and assent of the Lords Spirituelx and Temporelx in this present Parlement assembled and by the Aucthoritie of the same agreeth to this Petition and Resumption and the same accepteth and establisheth Alweys forseyn that all exceptions moderations forprises and provisions by hym graunted ordeined and admitted and putte in Wryting in this same Parlement upon the premisses be and stand good and availlable in Lawe after the Fourme and effecte of the contynue of the same exceptions Moderations and Provisions And that all Lettres Patentes of the Kyng made to oney Persone or Persones named in oney of the same Exceptions moderations forprises and provisions be good and effectuel after the Fourme and continue of the same Lettres Patentes by whatsomever name oney such persone or persones be named in oney such Lettres Patentes the said Act and Petition of Resumption or oney thing conteined therein notwithstanding Provided alway that it extend not to oney Possessions or other thyng made or graunted by the Kyng to oney persone or persones in Caleis or in the Marches thereof or in the Lond of Irlond These that followen been the Exceptions Moderations forprises and provisions by the Kyng graunted ordeined and admitted and in this same Parlement upon the Premisses put in wryting First Saving for Merton-College 2 For Leon Lord Wells inasmuch as he had a Pension justly due to him 3 For the Dower of the Dutchess of Warr. 4 For Lands exchang'd with John Fray 5 For the College of Leicester 6 For the Expences granted by Patent to Richard Duke of York in the Lieutenancy of Ireland 7 For Restitutions of Temporalities c. to Arch-Bishops Bishops c. 8 For the Priory of Henton 9 For John Stourton Treasurer of the Houshold for 5000 l. to be expended in his Office 10 For the Prior of St John's for 15 s. per Annum 11 For the Friars of Kings Melcombe upon a valuable Consideration 12 For Lands taken in Farm of the King and improv'd 13 For Jervais le Unlre's Pension of 24 l. per Annum as the King's French Secretary 14 For Lands given to the Abbot and Church of Westminster out of which they were to distribute Alms. 15 For the Duke of Somerset's Lands bought of the King for valuable Considerations by Henry Cardinal and sold by the Cardinal to the Duke 16 For the Chief Justice 17 For Oriel-College 18 For All-Souls College 19 For the Abbot and Covent of Selby their Release of Dismes 20 For Thomas Derling Serjeant of Arms his Cloathing and accustom'd Wages 21 For John Waterford the same 22 For John Bury's Pension of 12 p. per diem c. 23 For the Priory of Brydlyngton Endow'd by the King in especial Devotion 24 For a small parcel of Land given to the Charter House of Sheen Founded by the King his Father 25 For Lands only restor'd to the College of Knollesmes-House in Pontfract 26 For John Earl of Shrewsbury as to 100 l. Annual Pension for Life and Lands in Waterford till then yeilding nothing being in the Hands of Rebels the said Earl having had no other Recompence for his long Services 27 For the Lord Scales Pension of 100 l. per Annum for his long Services in France and Duchie of Normandy 28 For William Stone 's Pension of 26 l. 13 s. 4. granted him last Parliament at the Request of both Houses for great Services as well to the King as to his Father 29 For Richard Welsden's Pension of 10 l. 6 s. per Annum for Life out of the Fee-farm Rent of New-biggyng which Fee-farm had been usually distributed among the King's Servants from King Edward III's time 30 For the City of Canterbury's Charter in relation to their Officers only 31 For Charters of Denization 32 For Sir John Astley's Pension of 100 Marks for Life 33 For Houses granted to the Dean and Church of St. Steven Westminster 34 For Will. Rouse one of the Clerks of the Crown as to his Patent for his Office and as to 20 l. per Annum out of the Hamper for Execution of his said Office 35 For the Collegiate Church of Leicester as to their Ton of Wine 36 For Will. Crawen and others their Patent who were erected into a Fraternity 37 For the Heirs of the Lord Bardolph on accompt of Lands restor'd to them by good advice 38 For the Vicounts Beamont and Bougchier both as to the Patents for their Honours and Creation-Money 39 For the Dean and Chapter of Lichfield concerning their Patent for certain Liberties and Priveleges 40 The same for the Town of Estratford 41 The same for the City of York 42 For the Abbot of Byland about a small Fee-farm Rent 43 For John Vicount Beamount Ralph Lord Cromwel and others in relation to Lands granted to them the Value not express'd in the Proviso 44 The same for John Fanceby value not express'd 45 The same for John Hampton but 40 l. per Annum resum'd from him 46 For Ralph Bapthorp Esquire of the Body for Lands given or sold to him 47 The same for John Norreis only there is resum'd from him 50 Marks per Annum Pension and 6 l. 13 s. out of Merston Messey 48 For Phil. Wentworth Esquire of the Body 49 The same for Thomas Danyel but the Manuor of Gedyngton of 26 l. 6 s. Yearly Value is resum'd from him 50 The same for Will. Tresham only 20 per Anuum is resum'd from him 51 The same for Thomas Myner and others the King 's menial Servants only 20 out of 40 l. per Annum is resum'd from Jenk yne Stanley 52 For the Earl of Arundel for Lands granted to him the value not express'd 53 The same for Richard Earl of Warwick 54 For Richard Earl of Salisbury but a Fee-farm taken from him of 24 l. per Ann. and some certain Privileges very extraordinary are taken from him and others in Richmondshire reserv'd to him 55 A Saving for the Lord Dudley as to some Patentes but other things are resum'd 56 For certain Priv●leges granted to Sir John Boteller 57 For Sir Thomas Haryngton on accompt of Lands granted to him for good Services specified in the Provisoe 58 For Sir Richard Wyddewil Lord Rivers and others on accompt of Lands granted or confirm'd to them 59 For Sir John Talbot and others on accompt of 20 l. per Annum Pension to be paid to them or the survivor of them 60 For the Lord Clifford for Lands granted to him 61 The s●me for Henry Everingham so as his Grant exceed not the value of 12 Marks per Annum 62 For Rich. Hakedy the King's Apothecary as to 40 Marks Yearly granted for his Life 63 For Robert Fenys and Thomas Bermingham for Grants made to them but form Robert there is resum'd 20 l. Feefarm Rent 64 For Rob. Manfeld and his Son for Lands Granted or Confirm'd 65 The same for Will. Say and Thomas Shargyl the Kings

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 Savin●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 Revenu● of your said Lond to your Highnesse now belonging mowe not ●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

Alienations of the Crown-Revenue And a Resumption made The Records for this 117 Great Profusion and Misgovernment in the Reign of King Richard the Second The Rapine of the Ministers of those Times occasioned Acts of Resumption several Records produc'd to this Purpose from 119 to 127 In the Reign of Henry the Fourth the Commons pray that a Resumption may be made The Record 127 In the Fifth of this Reign the Commons pray that the King will take Care for the Repair of his Castles in particular Windsor Castle and of the Maintenance of his Parks And complain that the Lands assign'd for the Repair of Windsor Castle are granted away praying they may be resumed The King's Answer The Record for this 128 Lands and Mannors annexed to Windsor Castle 31 Henry 8th 131 The same Year of Henry 4th the Commons pray that Lands alienated from the Duchy of Cornwall may be resum'd The King's Answer The Record 132 In the 6th Year of the same Reign the Commons again pray for a Resumption The King's Answer The Record 133 What ●ort of a Resumption was then made and the Reasons for it The Record 140 In the Seventh and Eighth of this Reign the Commons pray that the Lands to be conquer'd in Wales may not be granted away the first Quarter of a Year The Record 143 In the same Year the Commons pray that certain Foreigners by Name may be banished which is granted and the King orders an Accompt to be deliver'd in Chancery of what Grants they had obtain'd The Record 144 In the 11th of this Reign the Commons pray that no Alienation of the Crown-Revenue may be made to which the King assents The Record 145 What sort of Resumption was made in the Reign of Henry the Fifth The Record 148 A Resumption made 28 Hen. 6. The Record 149 to 158 The Exceptions or Savings inserted by the King in this Resumption 159 to 178 Another Resumption the 29th of this Reign 181 Another Resumption the 33th of the same Reign 193 A Resumption the 1st of Edward 4th The Record 208 Another Resumption 3d and 4th of the same Reign 210 In the 7th Edward 4th The King invites his People from the Throne to make an Act of Resumption 214 A Resumption 7th Edward the 4th The Record 216 The King by the Mouth of the Chancellor thanks the House of Commons for this Resumption 221 222 In the 13th of the same Reign there pass'd another Act of Resumption 222 The Method which was taken in this Reign to pay the King's Debts See the Record 225 In the 1st of Henry 7th there was one General Act and afterwards other particular Acts of Resumption 232 What Sort of Resumption was made Ann. 6. Hen. 8 238 The Author has himself examin'd at the Tower the French Records cited in this Book 243 All the Resumptions recapitulated 244 245 Several Observations upon these Acts of Resumption 245 to 248 The Effects these Acts of Resumptions produced 249 In what Posture the Crown-Revenue stood 28 29 Hen. 6. ibid. How it stood in the Reign of Hen. 7. what Taxes he had and what an immense Sum he left behind him 249 250 The Acts of Resumption principally put the Crown-Revenue into the State Hen. 7. left it at his Death 250 The State of the Revenue Anno 12. Eliz. 252 The Reason why no Resumption could be proper during her Time ibid. Resumptions talk'd on in the Reign of King James the First ibid. What Steps were made towards a Resumption in the Beginning of King Charles the Second's Reign 253 254 State of the Revenue at King Charles's Restauration 255 Sir John Fortescue's Opinion concerning Resumptions out of a Manuscript in the Bodleian Library 257 to 262 When the Debtors or Accomptants to the King have been unreasonably discharg'd Privy-Seals have been revoked The Record 263 SECT IV. That several Ministers of State have been Impeach'd in Parliament for presuming to procure to themselves Grants of the Crown-Revenue WHat sort of Power our King 's anciently had to alienate the Crown-Revenue 274 The Opinion of some Authors upon this Subject 275 Observations upon the Scaccarium and Hanneperium ibid In Alienations the King trusted as Head of the Common-wealth 278 The Danger if Alienations might not be inquir'd into 279 'T is manifest the Legislature has a Power to inquire into Grants ibid. Resumptions an extraordinary Exercise of the Legislative Authority 280 What Provision the Wisdom of the Law has made that there may not be occasion for 'em ibid. If this does not do by calling corrupt Ministers to an Accompt 281 The Care Hen. 4. took in the Revenue and the good Laws thereunto relating ibid. The Effect it had 283 The Care our Ancestors had long before taken in this Matter 284 1st By regulating the Expences of the King's Court ibid. 2dly By desiring the King to employ wise and able Men 285 3dly By procuring the Banishment of Strangers who were become a Burthen upon the Court ibid. 4thly By appointing Commissioners to inspect the publick Accompts The Record 287 5thly By enquiring into the Management of particular Branches 290 The Provisions which our Constitution has establish'd that the King may not be deceiv'd 291 The Progress Grants ought to make 292 First in the Treasury The Treasurer of the Exchequer or Lord-Treasurer's Duty and Oath ibid. From thence the Grant goes to the Attorney-General His Duty 204 From thence to the Secretary of State His Duty 295 From the Signet it should go to the Lord Privy-Seal His Duty and Oath 296 From the Privy-Seal it goes to the Lord Chancellor His Duty and Oath 297 All this inforced by a positive Law 27 Hen. 8. 298 The Force of the Laws enervated by Clauses of Ex certa Scientia Graetia Speciali Mero Motu and by Clauses of Non Obstante 301 Matthew Paris his Opinion of these Clauses of Non Obstante 302 Of the Destinction the Lawyers make between Directive and Coercive 305 When Ministers have broke through the Laws in this Matter of Grants our Ancestors have proceeded by Impeachments 307 Ranulphus Bishop of Durham accus'd for Male-Administration His Character 308 Pieres Gaverton impeach'd for procuring Grants The Record 309 Henry de Beaumont accus'd expell'd the Council and banish'd by Parliament from the King's Presence upon the same Accompt 313 The Lady Vescie accus'd and banish'd the Court in the same Manner and upon the same Accompt 314 Procuring Grants one of the principal Heads of Accusation against Hugh Spencer Earl of Glocester 315 In the 4 Edw. 3. Articles were exhibited in Parliament against Roger Mortimer Earl of March for having procured to himself Grants of the Crown-Revenue The Record 316 In the 10 Rich. 2. Michael de la Pool was impeach'd for that being Chancellor and sworn to the Kiug's Profit he had procured to himself Grants of the Crown-Revenue The Judgment against him The Records 317 to 323 In the 11 Rich. 2. the said Michael de la Pool was

as have made wise men at such a season not desire to hold the Helm and this has fatal Consequences for then the Ship is left to the Guidance of giddy and unskilful Pilots All this good Princes have ever observ'd and when either the greatness of their Minds or the Benignity of their Nature has led them to be too open handed they have retreated as soon as possible from so false and dangerous a step But lest they should be careless in a point so necessary to the Common welfare and so much for their own Preservation the Wisdom of the Laws has provided for their Safety in this matter which fence the Prince's Revenue with divers Constitutions and Restrictions all intended to preserve it from the Rapine of those about him in order to which the Politic of well near all Countries has contriv'd that his Gifts should pass and be register'd in several Offices to the end that either some faithful Minister should put him in mind or that he himself should have leisure to repent of Liberalities detrimental to the Publick Not only the Law of this Kingdom but of other Places and the Roman Laws provide that the Prince should not be deceiv'd in his Grants for he whose Thoughts are employed in the weighty Cares of Empire is not presum'd to inspect minuter things so carefully as Private Persons The Laws therefore relieve him against the Surprizes and Machinations of Deceitful Men. For his further Security the Laws likewise inflict severe Punishments upon those who defraud him in his Stores Treasure or Revenues counting such Publick Robbers more Criminal than petty and common Theives But the Laws seem chiefly levell'd against those in whom he reposes the greatest Trust therefore the Legislative Power of all Countrys has rigorously animadverted upon such Ministers and Officers through whose Fraud Negligence or Crime his affairs have suffered any damage of which in its proper Place we shall give variety of Presidents And when he has been exhausted by the too great Munificence of his own Temper and through the false Representations and subtle Contrivances of those about him and when thereby the Publick has become weak ruined and unable to protect it self he has been assisted by the Laws and such as have been vigilant for his safety jealous of his honour and careful for the common Good have thought it their Duty to look into his Gifts and to resume his Grants of which we shall give divers Instances and Examples But notwithstanding the Wisdom of the Laws and of Law-makers it has been always a Point of the highest difficulty to keep within its proper Veins this Lifc blood of the Body Politick so prone have corrupt Ministers ever been to urge Princes to needless and destructive Bounty especially when they themselves are to be the largest sharers in it Kings are the Fathers of their Country but unless they keep their own Estates they are such Fathers as the Sons maintain which is against the order of Nature who makes all these Cares descend and places Fostering Nourishment and Protection in the Parent but the Prince is our common Father and therefore all that tends to his Safety Ease and State is due to him however the less he is necessittaed to depend upon his Children the more he is respected And Kings are not to accompt themselves Fathers of a Party only or of none but those who rush into the Presence and whisper to 'em they are Fathers of the whole Body of the People They are not to reckon themselves Fathers of of their Favorites only as Harry the 3d of France did who said he Would grow a good husband when he had marrye● his Children the Dukes of Joyeuse and Espernon Their Paternal Affection is to reach to all their subjects And as in a private Family Partiality to one Brother begets Hatred and Divisions so in a Nation it produces Discontent and Heartburnings to see three or four without any superior Merit lifted high over all the rest inriched with the Universal Spoils of a Country and wallowing in Luxury and Wealth while the whole People groans under heavy Burthens Not that Mankind repine that the Prince should have Friends with whom he may communicate his Thoughts and unbend his Cares nor to see such Friends the better for his Favours 't is warranted by Examples in the best Reigns Mecaenas and Agrippa cherish'd inrich'd and promoted by Augustus were yet as dear to the rest of Rome as they were to that wise Emperor But they behold with Indignation Men exalted who return not to the Prince reciprocal kindness who abuse his Favours who sell his Words who by false Representations traduce all others that they may engross him to themselves who arrogate to themselves all the Good and lay upon him the blame of unfortunate Councils who have no regard to his Honor when their own Safety is in question whose Advices tend to their own private Profit without Consideration of their Master's or the Publick Welfare who draw all Lines to their own corrupted Center whose Ambition is not gratify'd with any Honors and whose Avarice is not satiated with multiplicity of Employments nor with repeated Gifts and Grants out of a stript Revenue and an exhausted Exchequer 'T is such a sort of Favourites and Ministers that the People hate and exclaim against and whose Heads they commonly reach at last Without any regard whither or no it be between Sun and Sun if the Prince is robb'd the Country pays it and therefore when the Hue and Cry hotly pursues the Robbers Governments are not to wonder 'T is true they now and then escape especially when in their Depredations upon the Publick there are a great many concern'd and when they have made so large a Booty that they become safe by the multitude of those who have been Partakers in it for it has been the constant Course of Ministers who would rob a Nation with Impunity to give to all that ask and to refuse no man who has either Interest or Parts that fortify'd by a strong Confederacy they may bear down all sort of Inquisition and outbrave the Laws but very often the wants of the people crying aloud have awaken'd good Patriots and bold Spirits whom neither the Power nor the Number of the Offenders could affright and these Lovers of our Constitution in many former Reigns as shall be shown in the progress of this Discourse have couragiously attack'd and brought to Condemnation persons in the highest places of Authority who in breach of their Trust had presum'd to procure to themselves Grants of the Kings Lands or Treasure and who had converted to their own use what was given and intended for the Maintenance and Preservation of the State Princes when they come to know the true state of things are not unwilling to prevent their own Ruin which is manifest from this That the most Wise Valiant and most Heroick of our Kings as shall likewise appear by and by have given

what was too great to give and much too great to be ask'd 't is with the universal Applause of the People whom this Care relieves from frequent and heavy Taxes There is no Good which may not be expected from the Wisdom and Resolution of the Prince who now fills the Throne When he came over hither he found many of the Chief Rank and Figure overwhelm'd in Publick and Private Vices and in a Country so corrupted 't was difficult to have a virtuous Court They who should have help'd him to mend Things were readier to promote the Disorders by which they might thrive than to set afoot a Frugality under which they could not so well do their own business If they had Preach'd up Thrift as necessary to carry on a long and expensive War with what Face could such a Great Man have begg'd such a parcel of the Crown Lands one a vast sum of Mony another this forfeited Estate One so much Timber out of the Forrest his Friend such a Reversion his Friends Friend such a large Pension And if they had held the Purse close shut up to others they must have blush'd when they were begging so much for themselves All these disorders are to be attributed to the Corruption of the Times and to the necessities thereby introduc'd when Parties were to be gratified when turbulent Spirits who could obstruct affairs were to be quieted and when too many expected to be paid for preserving themselves and their own Country from a foreign Enemy Insomuch that when our Story comes to be read hereafter Posterity will wonder where the Subjects were so craving at Court and in another Place how the Prince could save from such a Number of Spoilers wherewithal to carry on his Wars abroad The Kings admirable Conduct has waded through all these Difficulties He has given as a Peace when the continuance of the War was desired by too many at home as better conducing to their dark designs At his first coming over he sav'd that Religion which our mean Complyance under former Princes had put in danger His prudence kept for ten years a People divided amongst themselves united against the Common Enemy All the Misfortunes in his Reign have been the Result of our proper Corruptions all the Good the Effects of his own Wisdom and his Virtues will at last bear down and master all our Vices He first form'd that League which has preserved the Liberties of Europe He has with a Confederate Army manag'd a long War and brought it to a good Conclusion of which there are but few Examples in History for tho the beginnings of Confederacies have been always vigorous and successful their Progress has been generally feeble and Event unfortunate By his Interest and Power he has made a King of Poland an Elector of Collein and erected a ninth Electorate in the Empire He has restored the Duke of Lorraine and taken the Bridle off from the Heads of the Italian Princes by having been the Cause that Cazal and Pignerol were demollish d. He has procur'd advantageous Terms for all his Allies He has caused fortified Towns and large Provinces to be restor'd which had been couquer'd long before He forced his Potent Neighbour to make the the first Advances towards a Peace which is more than Wise Men when the War began could promise to themselves in their most Sanguine Hopes He made himself be sought to when his Enemies prosper'd and when the Confederate affairs declin'd All which are manifest Proofs that he is as Great in the Cabinet as in the Field And to Crown all his Glories by one Act he has shown his Goodness to humane kind and given a Demonstration that he never desired Power but for the Benefit of others His so cheerfully disbanding the Army at the request of his Parlament is a Proof beyond all Contradiction that he both Loves and Trusts his subjects and that his Noble Mind conscious of no ill is apprehensive of no Danger While Tyrants who inslave their Country are affraid tho inviron'd with Numerous Troops He knew himself to be sufficiently guarded by the Affections of his People Many Princes who have taken up Arms to relieve an oppress'd Nation have made it appear in the course of their Proceedings that they were incited to it by some Ambitious Ends and not alone mov'd by a true desire of that Fame which follows virtuous Deeds and the People they came to redeem have afterwards found that they did no more than change one bad Ruler for another But this Heroick King has follow'd the Pattern of Timoleon the Corinthian who not only rescued the Sicilians from Tyranny but likewise left 'em in full Possession of their Freedoms He has squar'd his Actions by those of T. Quintius Flaminius who when he had subdu'd the Macedonians and reduc'd King Philip to Terms of Peace erected an eternal Trophy to his future Renown when he pronounc'd by the Voice of a Herald That Greece should thence forward be exempt from Taxes Impositions and Garrisons and Free to Govern it self by its own Laws The same Liberties did the King in effect Proclaim for ever to all England when he delivered us from the Expences and which lay more heavily upon us from the Terror of a Standing Army His happy Reign has not only freed our Persons but likewise set our Minds at Liberty which had for many Years been inslav'd by wrong Principles of Vnlimited Obedience due to the unlimited Exercise of Power Notions with which the Schools had poison'd our Youth and which only serv'd to draw the Prince on to Govern amiss but prov'd no security to him when the People were grown weary of ill Government The late Revolution justified by its Necessity and by the Good it has produc'd will be a ●asting Answer to all that foolish Doctrine so that with the other Blessings of this King's Accession to the Throne the very President is not to be accompted among the least Insomuch that what we did at that time not only freed us then but has set Liberty it self upon a better Foot and cur'd us of those blind Errors and dark Mists which our own Luxuries and the Craft of Courtiers had brought upon our Understanding A Prince thus adorn'd fear'd for his Courage admired for his Wisdom and belov'd for the Good he has done his People must certainly be able to surmount the greatest Difficulties 'T is not a B●ffl●d and dishearten'd Party lingring may be after their former Bondage can give him any Opposition Much less need he apprehend the Mercenary and inconstant Crew of the Hunters after Preferment whose Designs are always seen through who are dispis'd as soon as known and who only lead one another But a King who would reform the State for the general Ease and Benefit of his People must expect to meet with some Difficulties especially if a great many of those about him are Partakers in the Abuses he would correct All sort of Rubbs will be laid in

Persons accumulating to themselves vast Wealth in this Poverty of the Publick And the Universal Voice of the People seeming to call for some kind of Resumption The Writer of these Papers thought ●t might not be unseasonable to Publish a Discourse upon Grants in handling of which Subject he purposes to take the following Method First he will show how the Greatness of the Romans took its Rise from the Thrift that was shown in all Matters relating to the Publick That this Wise Nation made almost every Foreign Expedition bear its own Charge That the best of their Emperors were the most Frugal That such Emperors did not look upon the Treasure and Revenues of the State to be their own and absolutely at their Disposal but always thought that the Publick and the Commonwealth had an Interest in it That when the Treasure and Revenues of the State were exhausted by Prodigality it made way for the Invasions of the Northern People and at last produc'd the utter Ruin of the Empire This will be the Subject of the Second Section In the third Section he will show how careful our Ancestors in England were at the forming this Constitution to make ample Provision for maintaining the Kings Crown and Dignity And that when those Lands and Revenues had been parted with which were alotted for his and the States Service Parliaments have seldom fail'd to relieve and restore his Affairs by Acts of Resumption In the fourth Section he will show how our Ancestors have handled such Ministers of State as in breach of their Trust did presume to procure to themselves Grants of the Kings Lands And how both this Nation and other Countreys have proceeded with those who did imbezzle or convert to their own use the Revenues of the Prince In the fifth Section he will state the present Deficiencies in diverse Fonds and offer several Reasons why the Forfeited Estates in Ireland ought to be apply'd towards Payment of the Publick Debts SECT II. Observations upon the Management of the Romans in their Public Revenues IT may not be amiss to give the Prospect of a vast Empire rais'd to its Greatness by Wisdom and Frugality and ruin'd by Profusion and ill Conduct the only use of History being To give us good Rules by which we should square our own Actions and to mark out the Shelves and Rocks upon which other Governments have split that thereby we may learn to steer our own Course better and to avoid the like Dangers Macrob. l. 1. Saturnal c. 6. Valerius Publicola was the first who order'd that the Revenue accruing to the Commonwealth should be laid up in the Temple of Saturn perhaps that the Reverence of the Place might make it be held the more Sacred They ledg'd there two sorts of Treasure the one in daily use consisting of Tributes and ordinary Payments the other was called the * Tit. Liv. l. 27. Aurum Vicesimarium which was not to be touch'd but in cases of the last Necessity 'T is true for some Ages the Publick had but little occasion for Money because till the Siege of Veies which was about Three Hundred and Fifty Years after the Foundation of the City their Soldiers had no stipend However to have a Reserve which might answer any great Emergency well suited with the Foresight and Wisdom of that People As their Empire grew and as they entertain'd Thoughts of enlarging their Dominion by distant Conquests they became more sollicitous to gather such a stock as might uphold the State in times both of War and Peace without burthening the ●lebeians a matter by them ever carefully avoided in which they were very much assisted by the virtue of those to whom they intrusted the Command of their Armies of which for a long time every one behav'd himself like a faithful Steward to the Commonwealth accompting exactly for such Spoils as were made upon their Enemies To the Common Treasury were brought the Riches of Carthage Sicily of the Cities of Asia of the Kingdom of Macedonia and of the other Conquer'd Provinces of Greece Their Generals as well as their Statesmen did not think of building up Fortunes to Themselves but of inriching the Commonwealth And till some few years after the last Punick War we hardly read of any one who grew wealthy by the Plunder of Provinces In the following Age indeed several began to convert to their own use part of the Spoils gotten abroad but they were Men that hatch'd wicked Designs against their Country and who thought Private Wealth an Engine very needful for such as purpos'd to overthrow Publick Liberty of which number were Marius Sylla Pompey and Caesar Among these Robbers of the World Lucullus may be reckon'd who perhaps had the same Intention as the rest of inslaving Rome but 't is probable the Mutiny he found among his Soldiers after his famous Victories and wonderful conduct made him out of love with Action so that he employ'd in a quiet Life join'd with excessive Luxury what the others made subservient chiefly to their Ambition Not but that his Riotous Pomp had in its Example Effects very dangerous to Liberty since it is a necessary Ground for all free Governments that as well the manner of Living as the Estates of the Citizens should bear some sort of Equality However tho these men minded their own Concerns more than became good Patriots yet all of 'em enrich'd their Country and the vast summs of Gold and Silver brought into the common Treasury made a principal part of their Triumphs Besides they who had the Management of Affairs took Care that every War should at least maintain itself which they did by laying a Tribute upon the Conquer'd Nation Fabritius having overcome the Lucani Brutij and the Samnites * Di●nisii Fragm Lib. 6. Militem ditavit quadringenta Talenta in Aerarium retulit whose Example † Ammian l. 24. Julianus propos'd to himself and and Soldiers Scipio in his Treaty of Peace with the Carthaginians oblig'd them to the Payment of ten thousand Talents in fifty years * Tit. Liv. l. 30. Decem M Talentum Argenti descripta pensionibus aequis in annos L solverent over and above which Argenti tulit in Aerarium pondo Centum Millia XXXIII And in the Treaty between T. Quintius Flaminius and K. Philip one Article was † Tit. Liv. l. ●3 Mille Talentum daret Populo Romano dimidium presens dimidium pensionibus decem annorum Nor did Spain afford an ill Crop from one part of which Cornelius Lentulus brought * Ibid. Auri Mille Quingenta pondo quindecim Argenti Viginta Millia Signati Denarios triginta quatuor Millia quingentos quinquaginta And from the other part L. Stertinius quinquaginta Millia pondo Argenti And from whence not long after Helvius brought † Tit. Liv. l. 34. Argenti infecti quatuorde●im Millia pondo Septingenta triginta duo Signati bigatorum XVII Millia XXIII oscensis Argenti CXX

That these Northern Nations had among 'em the Titles of Peers Pallatins Barons Earls Grantz Graffs Notables Grandees and Dukes And the Persons of prime Rank under these or the like Appellations were a distinct Part or Member of the Body Politick and were to protect those who had come under their Banners and follow'd their Fortune and were vested by the Constitution with eminent Power that they might be a Skreen between the Prince and People But the Labour and Dangers of these Expeditions were to lie upon the Common People by whose hands the Battles were to be fought and no doubt they had not been tempted abroad if they could not have promised themselves a better Condition than what they had at home and if they were to be only Beasts of Burthen to the Great Ones For which Reason by Compact with those whom they follow'd they were likewise to have a certain Share in the future Conquest from whence came That in the Settlements made by these Northern Nations respect was had to the Interest of the People There was reserv'd to 'em their distinct Rights and Privliedges and Part of the Conquer'd Lands were Assign'd to them in which the better Sort had Freeholds and those of inferior Degree held of their Captains Lords and Leaders Their Military Constitution gave likewise Form to their Civil Government Their King as he was Head of the Army in the moving Camp abroad so when they came to settle he was Head of the Common-wealth And as the Principal Officers and Chief Captains had been his Council of War so when they had Peace and Rest they could not be easily perswaded to quit that Share in the Administration of Affairs of which they had tasted in the Field and their Titles and Lands being to descend they became by Virtue of their Tenures his hereditary and standing Council and as in the Field they had wont to advise him in difficult Matters for the common Good of the whole and to lay before him the Necessities and Grievances of their Followers and Dependants so at home it grew their Right to do the same But when these Nations came to fix and mingle with the Natives and when they had made Compacts and Agreements with those Natives this united Body which likewise increas'd in Wealth and Possessions soon became so Considerable as to make it necessary That what was properly call'd the Commons should be a distinct Part of the State and that it should be Represented by Persons and Members chosen from among themselves Thus in all these Northern Establishments there has been what was call'd either the Estates Assemblies the Cortez Diets or Parliaments This was the Original Constitution in most of the Establishments made by these Northern Nations and under this Form of Government they continu'd without any material Change till the Two last Centuries But in process of Time the Soil alters the Nature of Man as much as it does that of Plants warmer Climates did by degrees soften these rough and Warlike People Too much Sun produces that Effeminacy which is the proper Matter for Arbitrary Power to work upon Therefore all the East and Southern World has been Enslav'd while colder Climates seem more tenacious of their Liberties The French were the first who stoop'd to the Yoke of Regal Authority not limited by Laws Spain soon follow'd to whose Kings their Foreign Acquisitions gave more Greatness than consisted with the Freedom of their People At last it grew a Mode among lesser Kingdoms to imitate what had been done in larger Empires So that the Danes and Sweeds were content to make and put on their own Fetters And we in England were desiring to be like the other Nations round about us had not the Virtue and Courage of a Few saved us often very narrowly from the Corruption and Madness of the rest The bad Example of former Kings the Vices of their Courts nor our own Riches have not soften'd and deprav'd us quite and this Island having been planted by the most Warlike of all the Northern Tribes and having still preserved a few of its old Inhabitants who retain somewhat of the antient Britton Courage and this Soil having always bred and nourish'd Men of Heart and Stomach it happens that we still continue Free and that we keep the main Parts of our Original Constitution Antient Conquerors have in the same manner divided their Acquisitions between the Prince his Chief Fellowers and the People but the Tenures or Rights by which these Lands were to be Held seem particular to these Gothick Settlements and with admirable Polity contriv'd to preserve the Links of Protection and Obedience which should hold Prince and People together for 't is Natural for Men to Cherish and Protect their Dependents and as natural to Love and Obey those by whom we are Protected Thus to make all Hold of the King was almost as far as Human Wisdom could go to hinder this chief Landlord from committing Waste in his own and from injuring those by whose Service he was to receive Assistance But this Division of Property would not have quite suffic'd unless there had likewise been made such a Partition of Power as we have mention'd for the Greater would have encroach'd upon and swallow'd up the Less if the Power of each Part of the Constitution had not had certain Boundaries as well as the Fields and Grounds had Landmarks of one kind or other Our Ancient Government having its Foundation in such Tenures as the Goths introduc'd it will be necessary to say something upon that Subject This way of holding Land by certain Services was brought in by the Lombards who descended of the * Groti Prolegom in Hist Goth. Vand. Longobard Gepidae a People tha● quitting Scanzia were left upon an Island of the River Vistula where increasing in Numbers they were compell'd to seek new Seats and who after many Rovings and Adventures came at last to fix in Italy What we call Fee and what in modern Latin's call'd † Cujacius ●eud l. 1. Tit. 1. Feudum had its Original from the Kings of Lombardy whose Custom 〈◊〉 was to grant Territories Towns and Citi● to their Captains and principal Followers who were to have a kind of Usufructuary Right therein or more properly the Vtil● Dominium but of these Lands the Prince reserv'd to himself the direct Dominion 'T is true the Romans had something like 〈◊〉 Lamprid. in Sever. this as the Coloni Glebae adscriptitii And Alexander Severus and after him Constantix distributed Lands upon the Borders to their Soldiers and their Heirs upon Condition of Defence But that which properly constitutes the Feudum viz. The peculiar Oath of Fidelity and Homage was an Institution of the Lombards who did not only assign Lands upon the Limits but distributed whole Countries to be held by Fidelity and Service These Tenures were first at Will afterwards for a Term then they came to descend to one Son afterwards to be an Inheritance

he did resume * Dan. p. 105. Daniel says that after his second Coronation which was at Winchester he not only resum'd the Mannors he had sold to the Bishops of Winchester and Durham but whatsoever other Sales he had made of the Demayns of the Crown Alledging that it was not in his Power to alien any thing appertaining to the same whereby his State was to subsist * Graft Chron. p. 90. Grafton says That after his second Coronation he call'd a Parliament by the Authority whereof he resum'd again all Patents and Annuities Fees and other Grants before his Voyage by him sold and granted and caused the Parties to be contented with such Revenues and Profits as they had received of the said Offices or Lands in the time of his Absence And spar'd not for any sufficiency of Writing that by him before was made But to confirm this Authors may be produc'd of more Antiquity than either of these * Hen. de Knyghton Col. 2408. N o. 40. Knyghton says Post ejus Coronationis solennia quicquid prius leviter datum aut graviter venundatum fuerat repetiit nomine commendati fructus perceptos pro sorte computans cessante pacto titulo instrumento quocunque † Brompton says Denique quod * Chron. Johan Brompt Col. 1259. N o. 10. cum ipse iter versus orientem arriperet regnum ipsum multipharie sciderat ad integritatem satagebat pristinam revocare Quicquid enim ab illo tunc fuerat datum vel ponderose venundatum sub nomine repetiit commodati Regiarum possessionum emptoribus dicens Non decet sublimitati Regiae foenerari Illi autem emptores mox regio metu attoniti nulla habita quaestione de sorte non percepta confestim omnia resignarunt In Two Years of this Reign viz. Ann. 1195 and 1196 there were actually rais'd in this Kingdom Eleven hundred thousand Marks which is more than was really levied in any Two Years of the Late War for if we consider the value of Money in those times and the Proportion it bore with other Commodities Eleven hundred thousand was more then than Eleven Millions are now Hubert the Archbishop of Canterbury writing to the King for leave to quit the Ministry shews * Ro. Hovedon pa. 767 768. Quod infra biennium proximo praeteritum adquisierat ad opus illius undecies centena Millia Marcarum argenti de Regno Angliae The raising this vast Summ is an evident Sign how willing the People of England have in other Ages been to give Aids and Subsidies to Martial Princes After Richard King John was Elected This was a Reign of Civil War Taxes and Profusion and the Character Robert the Clerk gave of this Prince to Miramamolin the Moor was very true and Remarkable * M. Paris p. 244. Potius fuit Tirannus quam Rex potius Subversor quam Gubernator Oppressor suorum fautor aliènorum Leo suis subditis agnus alienigenis rebellibus qui per desidiam suam Normanniae ducatum alias multas terras amiserat insuper Angliae regnum amittere vel destruere sitiebat Pecuniae extortor insatiabilis possessionum suorum naturalium invasor destructor But these Wastes were look'd into in the Reign of Henry III. King John's Son and Successor not by the Prince himself who was no better a Manager than his Father but by the Barons Knyghton says That after Lewis and the French were driven away * Knyghton Col. 2429. N o. 40. Omnes Alienigenae ejecti erant de Anglia omnia Castella quae Rex Johannes donaverat tradiderat in Custodiam Alie●igenarum fuerunt reseisita in manu Regis This King laying open his Necessities to the Barons and his Council said The Crown-Revenues would scarce afford him Meat and Drink To whom they answer'd He might be Rich out of his own if he would set some Bounds to his Liberality and look into his own Affairs and into the Proceedings of some of his Officers They nam'd no body to hlm ●ut he understood whom they meant and call'd several of his Ministes to Accompt and brought them to Restitution The Words of the Historian in this place are very Observable when the King had laid open his Wants * M. Paris p. 376. Tunc Consilarii Regis responderunt Si pauper es tibi imputes qui Honores Custodias ac dignitates vacantes ita in alios transfers a Fisco alienas quod nec in divitiis auri vel argenti sed solo nomine Rex debeas appellari Nam antecessores vestri Reges magnifici in omni divitiarum gloria ditissimi non aliunde sed ex Regni redditibus emolumentis Thesauros impreciabiles congesserunt At Rex ab eis instructus quos nominatim exprimere tutum forsitan non esset coepit a Vicecomitibus Ballivis aliisque Ministris suis de redditib●● rebus omnibus ad Fisci commodum spect antibus ratiocinium exigere Et quoslibet d● fraude convictos a suis Officiis deponens exegit ab eis pecuniam suam etiam cum usurii● tenens coarct abat eos donec reddere● debitum universum This Prince was the first who brought Strangers into his Councils and the management of his Business Poictevins and Britons to whom he gave all the Power and among whom he lavish'd all his Crown-Revenue and the * Ibid. p. 386. Treasure of the Kingdom Invitavit p●latim tot Pictaviensium Legiones quod ●●tam fere Angliam repleverunt quorum R●● agminibus quocunque pergebat vallatus ince●sit But in 1234 he was compell'd by his Barons to Banish these Strangers Yet he return'd quickly to the same bad Measures insomuch that his Brother Richard Earl of Cornwal told him That he Rob'd his own Country to give it to Strangers and the Kingdom 's Enemies In this Loose Reign the * Ibid. p. 733. 747. Money of England was corrupted But nothing anger'd the People more than the immoderate Wealth he bestowed upon Foreigners namely his Brothers by the Mother and particularly to his Poictevins * Ibid. p. 850. Eschaetas Reditus vacantes Alienigenis ignotis illiteratis scurrilibus penitus indignis non destitit distribuere ut sic suorum naturalium corda insanibilius sauciaret While Things were thus Govern'd Private Men inrich'd themselves with the Publick Spoil as for Example John Mansel * M. Par. p. 859. who brought his Estate to Four thousand Marcs per Annum But at last at a Parliament Held at Oxford * Ibid p. 973. Peter of Savoy William de Valence and the Bishop of Winchester the King 's half Brothers with the other Foreigners were Banish'd Vbi statutum erat † Knyghton Col. 2445. N o 40. quod ad Terras suas quas in partibus transmarinis habebant transfretarent And that immoderate Wealth they had gather'd here was not permitted to be carry'd away but was ‖ M. Par. 973. Seiz'd upon

le Roy ne soient restreints per vertue de ceste Ordeinance mais qils soient paiez come ils ont este accustumez de estre paiez devant ces heurs Ibid. N. 22. Item Qe chascun home feme de qel estat ou condition qils soient qont ascuns Chastelx Manoires Terres ou Tenements Rents ou autre Possessions qel●onques du Grante du Roy Richard ou de Roy qorest qe ils soefrerent chascun de eux soefrera mefme nostre Seignour le Roy de avoir enjoier les Profits de mesme les Chastelx Manoirs Terres Tenements Rentes Possessions qeux ils ont ensi a terme de vie ou des Ans de le dit Feste de Pasche darrein passe tanqa lendemayn avantdit Et qe le Roy ent seit respondus a son Escheqer Forpris Fees Advoesons Gardes Marriages autres Casueletees as Chastelx Manoirs Terres Tenements Rentes Possessions avant dits appurtenants Et forpris les Chartelx Manoirs Terres Tenements Rents Possessions Fee Farmes Annuities les Profits Commoditees Assignees au Reigne en Dower ou donez ou grantez a les Fitz du Roy a chascun de eux Et forpris ceux qont ascuns Annutees per Grant ou Confirmation a eux ou a lour Ancestres fait en Parlement Et forprises auxi les Chastelx assises sur les Marches Descoce ou de Gales ou sur les Coustes de Mer. But there seems to be given a Power to the King by his advice of Council to Resume his Lands from such as have more than they deserve Ibid. N. 23. ● Item Qe Proclamation soit fait en Chascun Contee Dengleterre qe 〈◊〉 ceux qont ascuns Annuitiees 〈◊〉 Manoirs Terres Tenements Fee Fermes Fees ou Gages ou autre Grant qeconqe dascune value annuelle a terme de vie ou des Ans du Grante du Roy Edw. Aiel nostre Seignour le Roy puis le an qarantisme du dit Roy Edw. o● de Roy Richard ou de Roy qorest envoient ou portent devant le Roy son Counseil perentre cy le Feste de Chandeleure prochain a venir a pluistard les Copies de lour Lettres Patentes a eux faits per les Roys suisdits sur peine de forfaire mesme les Lettres Patentes au fyn qe nostre dit Seignour le Roy per advys de son Conseil purra ordeigner qe ceux qont fait bon service eient enjoient lour dites Lettres Patentes les autres qe nount deservies soient tout outrement oustez de lours dites Lettres Patents Et auxint de ceux qont pluis qe ne ont deserviez qe le dit Roy per advys de son dit Counseil purra faire Moderation come mieltz luy semblera Anno 7 8 Hen. 4. The Commons Pray the King That no Lands to be Conquer'd from the Welch should be granted away in a Quarter of a Year from the time such Lands should be taken in The King among other things Answers That he will not grant away such Lands till he is inform'd of their Value * Rot. Par. 7. 8. H. IV. N o 15. Item Le dit Mr. John Pria pur les dits Communes qe les Chatelx Seignouries Terres Tenements en la Terre de Gales qe desore per la Grace de Dieu seront conqis ou gaignez sur les dits Rebealx ne soient donnes a uully per le espace dun qarter dun Apres ceo qils seront ensi conqis ou gaines A qoy le Roy respendi qil se veilloit abstenir deascun tiel don faire a uully tanqe al temps qe il feroit enformez de la value dycelles Et si ascun ●ie● don deslors se feroit qil le vorroit faire as tielx Persones qe voillent demeurer su● la conqest de la Terre de Gales suisdits In the same Parliament the Common● Pray That certain Foreigners by Name may be Banish'd the Kingdom which the King agrees to and in his Writ to the Sheriffs of London directs That such Foreigners should produce such Grants of Land as they had obtain'd from Him the Queen or from others * Ibid 29. Ite● Samedy le 8 jour de May a les souve●● priers reqestes des Communes accord● feust per nostre Seignour le Roy les Seignours Esprituelx Temporelx 〈◊〉 touts les Aliens des qeux les noms 〈◊〉 comprises en une Cedule laqelle 〈◊〉 livree al Seneschal del Houstiel du Roy voidant la Roialme devant un certain jour compris en le Brief de Proclamation ent fait come per la tenure dycell● brief enroulle en la Chancellerie y purra apparoir And the King in his Writ to the Sheriffs Directs among other things ' Quodque omnes singuli Alienigenae praedicti qui aliqua Terras Tenementa Annuitates sive Concessiones quaecunque in Feodo simplici vel Talliato sive ad terminum vitae vel annorum ex Concessione nostra sive ex Concessione charissimae Consortis nostrae Reginae Angliae sive aliorum Ligeorum nostrorum per litteras sive scripta eis inde fact obtinent quovismodo hujusmodi Litteras sive scripta nobis in Cancellaria nostra liberent indilate ad finem quod visis Litteris scriptis praedictis inde fieri jubere valeamus quod de jure secundum legem consuetudinem Regni nostri Angliae fore viderimus faciendum Anno 11. Hen. IV. The Commons Pray That for ever hereafter no Grant may be made of any Hereditament or other Profits of the Crown except Offices and Bailiwicks till the King shall be quite out of Debt and unless there be remaining in his Coffers sufficient for the Provision of his ●amily To which the King agrees directly without Reservation till his Debts be paid or unless there be sufficient Provision for his Family and with Reservation for the Queen His Sons and for the Duke of York and the Lord Grey * Rot. Parl. 11 Hen. IV. N o. 23. Item Qe nulles Chastelx Honours Seignouries Manoirs Villes Terres Tenements Franchises Reversions Libertees Forrestes Fees Advoesons Eschetes Forfaitures Gardes Marriages ou autres Revenues qeconqes ove lours appurtenances forpris Offices Baillies en temps ensuivants es Mains nostre dit Seignour le Roy ou a ses Heirs Rois Dengleterre a eschiers ou a venirs ne soient en nulle manere donez ne Grantez a ascune Persones si ne soit al profit Oeps nostre dit Seignour le Roy pur la Sustenance de son Houstiel Chambre Gard●robe tanqe tous ses dettes a ses Lieges a present dues soient pleinement paiez deslors enavant continuell●ment resonable Substance remaignant e● mains nostre dit Seignour le Roy ses Heirs Roys Dengleterre pur la sustenance

Rentes Charges or Annuitees made by you of Estate of Inheritance for terme of Lyffe or terme of Yeres to oney Persone or Persones to be taken of oney of these Premisses or of youre Custumes or Subsidies or Awnage or of youre Hamper or atte or in youre Receits or in otherwyse or in oney other Place or oney of theim or of the Profites coming of theim or oney of theim withinne this youre Reaume Irlonde Wales Guysues Caleys and the Marches of the same be voide and of noone effect And that all manner of Grauntes made by you to oney Persone or Persones of Estate of Enheritance terme of Lyffe or terme of Yeres of oney Herbage or Pannage Fishyng Pasture or Comyne of Pasture youre Warein Wode Wyne Clothyng Furres to noone Office longyng nor perteinyng the seid first Day of youre Reigne nor afore noght yeldyng to you the verray value thereof be voide and of noone effecte And over that like it youre Highness to take resume and seise and reteine into youre handes and Possessions all manner Lettres Patentes Privileges Franchises Hundreds Wapentakes Letes Rapes Vewe of Franchises Fynes Amerciaments Issues and Profites of the same by you graunted syth the first Day of youre Reigne to oney Persone or Persones or Abbot Priour Deane Chapitre Maistre or Wardeyne of College Fraternite Crafte or Gilde And all manner of such Grauntes to be voide and of noone effecte And furthermore All Grauntes made by you to oney Persone or Persones of oney Offices the which were noone Offices the first Day of youre Reigne nor afore be voide and of noone effecte And that all manner of Grauntes made by you to oney Person or Persones geaving theim Power to make or ordeine oney Office or Offices of whome the makyng and Ordeinance the said first Day of youre Reigne or oney time syth longd to you or theim were noone such Office nor afore that thanne such Graunte as in makyng or Ordeinance of such Offices be of noone effecte And over that That all Grauntes and Relesses made by you syth the first Day of youre Reigne to oney Abbot Priour Covent or to oney other Persone or Persones for discharge or quytclayme of oney Corrodies or Corodie Pensione or Pensiones dismez spirituells or Quinszismes or dismes temporells Rentes or Services or oney other charge be void and of noone effecte And that no Persone nor Persones havyng Estate in Offices Fee simple or Fee taille of youre Graunte or oney havyng they re Estate have other Estate in the said Offices but terme of their lyffes that nowe hafe the seid Offices with Fees and Wages to the seid Offices of alde tyme accustumed oonly and noon otherwyse And that all manner of Grauntes by you made or to be made to oney Persone or Persones of the Premises or of oney parcelle during this youre present Parlement be voide and of noone effect And that noo Persone or Persones that hadde oney thyng of the premises afore the tyme of the seid Resumption be noght chargeable by way of Accompt or otherwyse for the same ayenst you youre Heires and Successours except thoo that by youre Grauntes afore the seid Resumption were accomptable This is the fore-part of the Act Word for word to which the House of Commons thought fit to add Savings to several Persons of which we shall give an Abstract First there is Saving to the Queen for her Dower 2 For the Colleges of our Lady of Eaton and our Lady and St. Nicholas of Cambridge 3 For Lands granted in the Dutchy of Lancaster to Persons to the intent to perform the King's Will 4 For Priories Alien then in the Possession of Hospitals or Religious Houses 5 For the Creation Money paid to the Peers but this Saving is with Restrictions 6 For those who had made Surrenders to the King and taken other Lands in Exchange so as the last Grant exceed not the first in value or terme 7 A Saving for Lands bought of the King by Henry Cardinal of England and given to St. Crosses with a general Saving for the Interest and Claime of private Persons to the Lands intended to be Resumed 8 A Saving for those who had Grants in former Reigns out of which they were Lawfully Evicted and in Consideration of which they had Grants from the present King 9 A Saving for those who had exchang'd Lands with the King so as the Lands exchang'd were not also of his own Gift and so as what exceeded in Value should be resum'd 10 A Saving for what paid Rent according to the true value at the time of the Grant 11 A Saving for where the King was Feoffee in trust so as it was not in Lands of his own Gift 12 A Saving for the Lord Chancellor Treasurer Privy Seal Justices Barons of the Exchequer Serjeants at Law Atturney and Officers in the King's Courts of Record for accustom'd Wages Rewards or Cloathing 13 A Saving for Grants made of their own Lands to Persons born beyond the Seas and of English Parentage 14 A Saving for All-Souls-College 15 A Saving for Cities and Burroughs who by the King's Charter were to be exempt from the Jurisdiction of the Lord High Admiral or Warden of the Cinque Ports 16 A Saving for Bodies Corporate c. who by Charter had Priviledge granted of Murage These were all the Reservations the House of Commons thought necessary in this Act. Then follows And that it like youre most High and Habundant Grace tenderly to consider these Premises and thereuppon by youre high and grete Wisdome and by the Advyse of the Lords Spirituels and Temporels in this your present Parlement Assembled to ordeine provide and establish sufficiaunt Possessions of the Premises so resumed for the contentyng and Paiment of the Expences and Charges of youre Houshold and all youre other ordinarie Charges And to Apply and Appoint the Possessions Profites Revenues and Commodities of youre Towne of Caleys and of Guisues and of the Marches there hooly to be taken and received by youre Tresorer of Caleys for the tyme beying he to apply theim to the Payments of the Souldeours there and the repaire of the Gettes and other necessary reparations there behowfull And the seid Tresorer thereof to you in youre Eschequer duely to accompt And all the Possessions aforesaid soo severally provided for to abide and endure to you youre Heires and Successours in perpetuitie to the same end and effecte and noon other with such peines and Punishments to be sette thereupon by youre wise discretions that noone of youre Leiges in tyme to come attempt the contrarie thereof or accept any parcell of hem so ordeined for the seid Provisions so that the seid Ordeinaunce soo made be sent and declared to us youre seid Beseechers during this your seid Parlement to the ende and effecte we to yeve thereto our assent so that it can be thought to us for youre Honour profite and welfare of us all so to doo that it be authorised in this youre high

Servants 66 The same for Gilbert Par but 9 l. per Annum Feefarm Rent resum'd 67 The same to John Trevilian as to some small Grants express'd 68 The same for Henry Langton the King's Servant 69 The same for John Say as to a Grant for his and his Wifes lives but L. 9-2-6 Fee-farm Rent resum'd 70 The same for John Blackney the King's Servant 71 The same to Rob. Fowles Hyrst the King's Servant so as it exceed not 10 Marks per Ann. 72 The same as to a Grant for life of 20 l. per. Ann. 73 The same for John Down the King's Servant as to two small Grants 74 The same to Griffith ap Nicholas as to a Grant of 15 l. per Ann. 75 The same for Henry Manners one of the King's Servants 76 The same for John Chyval and others the King's Servants but three Pipes of Wine and 10 l. per Annum Feefarm Rent are here resum'd 77 The same for Will. Elton and others the King's Servants as to some Leases or Confirmations 78 The same for John Sutton Kings Servant 79 the same for Robert Wyllyn King's Servant 80 The same for John Woodhouse King's Servant 81 The same for Henry Rosyngton and others the King's Servants 82 The same for John Slyfirst and several others the King's Servants as to their Salaries which were reduc'd to 10 l. per Annum 83 The same to Thomas Carr the King's Servant 84 The same to Andrew Lowe King's Servant 85 The same for Thomas Schapp King's Servant as to 6 d. per diem Sallary 86 The same for William Langton and others of the King's Mynstrel as to their Salaries of 6 l. 13 s. 4 d. per Annum 87 The same for Will. Clarence King's Servant 88 The same for Bryan Wager King's Servant 89 The same for Sir Richard Roos and others but in this Proviso several Resumptions are made 90 The same for Thomas Mongomery Esquire so as what he enjoys of the King's Gift exceed not 23 l. per Annum 91 The same for Thomas Calbras King's Servant as to his Salary of 12 p. per diem 92 The same for James Hornby and Tho. Osborn Kings Servants as to their Offices Wages and Cloathing 93 The same as to Tho. Bradfeld but here 8 Marks per Ann. Fee Farm Rent is resumed 94 The same for Rowland Lenthal as to Lands bought of or exchanged with the Crown 95 The same for Rich. Wednyng as to the Reversion of an Office 96 The same for Christop Whittacre as to an Office and Sallarie of 4 Pence per diem 97 The same for William John as to a Grant made upon a Surrender 98 The same to John Brely as to his Office 99 The same for Thomas Lord Egremont as to 45 l. per ann to him and his Heires for Sustentation of the Honor. 100 The same for Wotkyn Bedell King's Servant as to a Feefarm Rent out of Mills in Herefordshire 101 The same for Sr. Rich. Molyneux and his Son as to their Offices and Sallaries and as to some Leases they had from the Crown 102 A Saving to the Town of Kingston upon Hull as to some Franchises granted to them 103 For Ralph Leigh and others King's Servants so as the Grant made to them all exceed not 20 l. per ann 104 For Sr. John Langton and his Son as to some Leases 105 A Saving to the Prior and Convent of York as to some Pardons and Releases made to them 106 A Saving for Sr. Edmond Hungerford 107 Another Saving for Sr. Edmond Hungerford and Phil. Courtney as to some Mannors they held by Lease and for which they paid Rent 108 For John Hunt and others Clerks of the Chappel as to some Grants so as no Grant made to any of them exceed 20 Marks per ann 109 For John Watts and others King's Servants as to some small Pensions for Life 110 A Saving to John Merston and others the Kings Servants but with Exceptions 111 For John Wesenham King's Servant 112 A Saving to John Holt for some Lands as it seems rather restor'd than granted 113 For Thomas Frank. 114 For John Arnold and others as to some Tenements they held in Trust for Religious Uses 115 For John Rypon King's Servant 116 For John Browne and Thomas Catesby as to some Eschetes and Grants of small value which is expressed in the Proviso 117 A Saving for John Baker and Rich. Wardale King's Servants 118 A Saving to the Lord Hungerford for the Mannor of Hungerford out of which there was a reserv'd Rent and in the same Proviso there is a Saving for Sr. Rich. Hungerford Ld. Molins as to a small Grant 119 A Saving to the Earl of Northumberland 120 A Saving to Tho. Kent as to 100 Marks per ann in Consideration that the said Kent had been at great Expences in repairing the Port of Southampton and that by this Resumption he was to loose several Grants express'd in the Proviso 121 A Saving for John Green Esq who had certain Priviledges and Free Chace granted him by Letters Patents in his own Woods 122 For the Monks of Sempyngham as to a Pardon or Release of Disms 123 For Will. Bulkley King's Servant as to his Salary of 12 Pence per diem who had no other reward for his long Services 124 A Saving for John Kingly and Rob. Whitgrene as to some small Grants 125 For William Boerly 126 For Jenkin Stanley and his Son as to some Grants and for the Vitlership of a Castle 127 A Saving for the Lord Vessey 128 For John Welbeck Kings Servant as to his Salary of 12 Pence per diem 129 A Saving to the Towne of Notyngham for certain Franchises provided they increase their present Feefarm Rent 13 s. 4 d. above what they already paid 130 For John Turges the Queens Harper as to 10 Mark per ann for Life which he was to have after the death of another 131 For Will. Beaufitz but here is a Resumption of 15 l. per ann Feefarm Rent 132 For John Peycock as to 6 Pence per diem 133 A Saving for Sr. Tho. Fulthorp Justice of the Common Bench value not express'd 134 For Gilbert Haltoft Secondary Baron of the Exchequer as to 20 Mark per ann for his Life 135 For the Lord Chief Baron as to 40 l. per ann Robe Vesture and Furrure 136 For John Fowardly as to 20 l. per ann for life and John Poutrel as to 20 Mark per ann for life 137 For John Sleg and his Wife as to 4 l. 6 s. per ann for life 138 For John Prude Kings Glazier as to 12 Pence per diem for life 139 A Saving for Colchester and Ipswich as to Franchises and Liberties 140 For the Town of Rye as to a Grant made to them 141 For the Town of Shrewsbury as to Franchises and Liberties 142 For the Town of Bridgenorth the same 143 A Saving to John late Duke of Somerset as to a Feefarm Rent of 15 l. per ann 144 For Nich. Semtlo as to

Grants so they exceed not 20 l. per ann 145 For Giles Thorndon Esq as to a Grant of 7 l. per ann for life which he had out of Lands in Ireland 146 For Will. Catesby King's Servant as to 10 l. per ann for life 147 For John Parkes Kings Servant 148 For John Martyn Kings Servant as to 6 d. per diem for his life 149 For George Danyel as to Grants so they exceed not 20 Mark per annum 150 For John Hoghton and other Servants at Arms as to their Patentes 't is to be suppos'd for their Employments 151 For Rob. Wood Clerk as to a Reversion of a Feefarm Rent of 10 l. per ann 152 A Saving for King's Hall in Cambridg as to a piece of wast ground and Conduit granted 153 For Tho. Smith as to his Office and Sallary of 4 Pence per diem 154 For Will. Burton Queens Servant as to 100 Shill per ann for his life 155 For Thomas Derlyng and John Moor Serjant at Arms as to their Fees 156 A full Saving for the Colledges founded by the King in Cambridg and at Eaton 157 This Saving relates to the same Colleges 158 For Will. Bradford and Thomas Kendal Kings Officers as to their Fees 159 For Tho. Merton as to 100 Shillings per ann 160 For the Dutches of Somerset as to part of her Dower 161 For John Pulloo as to his Office and Fee 162 For Coney ap Rice the same 163 For the Lady Roos Widdow as to 60 l. per ann for life 164 Provided also that noon exception made by us upon the Resumption in this present Parliament of any Possessions extend to oney Londs Tenements Fees Offices Fermes or any other thing in Caleys or in the Marches thereof 165 A Saving for Robert Tanfeld as to 20 Mark per Annum for his life out of the Hamper 166 For John Somerset Gentleman 167 For Sir Edmond Hampden Queen's Carver as to some Herbage in a Park which did not exceed 50 Shillings per Annum and as to an Annuity of 20 l. per Annum 168 For Tho. Parker Esq as to his Grants not exceeding 24 l. per Ann. for Life 169 For Tho. Pope 170 For Tho. Bird Serjeant at Arms as to his Wages and Cloathing 171 For John Daindesey King's Servant 172 For John Skelton as to Two Annuities one of 20 l. another of 10 Mark for his Life 173 For John Faceby Serjeant at Arms as to his Office and Sallary 174 A Saving to the Town of Beaumaris as to 20 l. per Ann. granted for its Walling 175 For Walter Bright Serjeant at Arms as to his Office Cloathing and Wages 176 For Johanna Astley the King's Nurse as to Two Annuities for her Life amounting in the Whole to 50 l. per Ann. 177 A Saving to the City of Chester as to a Release granted to 'em for 50 Years of 50 l. per Ann. part of their Fee-farm Rent 178 For Sir John Fortescue 179 To Thomas Brown as to 12 l. per Ann. for his Life 180 For Henry Abyndon Clerk of Eaton College as to 8 l. per Ann. 181 For Henry Vavousor for some Grants which are express'd 182 For Tho. Derwent Serjeant at Arms as to his Office and Fee of 12 d. per Diem 183 A particular and then a general Saving for King's Hall in Cambridge 184 A Saving for the Abbot and Covent of St. Albans as to Franchises and Liberties 185 For Tho. Thorp as to his Grants but 10 l. per Ann. Fee-farm Rent the King resumes The Reader may observe from this Record 1 st That the Crown was become indebted to the Subjects in the Sum of 372000 l. 2 dly That the Crown-Revenue which in the Reign of Henry the Fifth was 56966 l. became reduc'd to 5000 l. per Annum so much had the Crown been robb'd and pillag'd during the Minority of this Religious but weak and unfortunate Prince 3 dly That the House of Commons thought it reasonable to relieve the King's Necessities out of his own and by an Act of Resumption rather than to charge the People with new Duties and Impositions 4 thly That the House of Commons thought it reasonable to make the Act so general that they inserted only Sixteen Reservations or Saving for others so much did they consult the Publick more than any private Interest 5 thly That the Commons desire the King to appropriate to the Expence of his Houshold the Lands so resum'd 6 thly That the King when he gave the Royal Assent to this Act reserv'd to himself the Power of putting in Writing while the Parliament sate certain Moderations and Restrictions to the said Act and the King in the said Assent excepts all Grants made as to Calais and Ireland The Writer of these Papers thought his Labour would not be unprofitably spent to give an Abstract of the Restrictions and Moderations which the King's Council believ'd at that time necessary in an Act which was to be so very general and extensive In these Savings which are in Number 185 the Reader has before his Eyes a perfect Image of the Gravity Care Exactness and Frugality of that Age. Most of the said Savings relate to Patents for Employments or for Lands rather restor'd than granted or for some Liberties and Franchises or for Lands given to Religious Uses all which were affected by the Act. In some of the Proviso's the Value of the Grant is mention'd and in others omitted but the general Exactness which runs through the Whole is a Mark that where the Value is not express'd 't was notoriously inconsiderable In many of the Savings there is something left and something taken away The Reader may likewise note That most of the Grants of that Age were only for Life Note In this Writing of Restrictions the King receeds from the Exception he made as to Calais when he gave the Royal Assent As in Saving 164. Note That the Great Earl of Shrewsbury who had done so many Heroick Actions and had so valiantly fought for the Honour of his Country had but 100 l. per Annum Pension for his Life and some Lands in Ireland then of no value the said Earl having had no other Recompence for his long Services which Moderation of his is a Reproach to the Avarice of the present Times vide Saving 26. Anno 29. Hen. 6. There was another Resumption made The Preamble agrees almost Word for Word with the fore-mention'd Act but the Acts differ when we come to the following Paragraph Rot. Parl. 29 H. 6. N o 17. And that all Lettres Patentes by you made in or of any of the Promisses to any persone or Persones of the which any Recoverer hath been hadde ayents the said Patentees or any other by Covin or Collusion that as well the Recoverer thereof as the Letters Patentes be void and of noon effecte And over that like it youre Highnesse to take resume seise and reteign in youre said Handes and Possession all Manner of Libertees Privileges

eny of theym or eny parcell of theym be from the seid Fest void and of noo force nor effecte And that this Act extende not to eny Honours Castells Lordshipps Manours Londes Tenementes Rentes Services Possessions or Enheritaments which came to the Hands or Possession of our seid Soveraine Lord Kyng Edward the 4 th or apperteyned or belonged to hym or that he shuld have had the seid 4th day of Marche or eny tyme after by the forfeiture of eny Persone in the Parlement hold at We●●minster the 4th day of November the seid first Yere attainted or by force of an Act of Forfeiture therin made other than by the Forfeiture of Margarete late called Queen of Englond And also that this Act extend not to any Graunte or Grauntes afore this tyme made to eny Lord not attainted of eny Annuite for the Sustentation of his Name and Estate nor to noon Office or Offices which were Office or Offices the seid 4th day of Marche or afore and needeth actuel Exercise graunted the seid 4th day of Marche or after to eny Persone or Persones for terme of his Lyfe or they re Lyfes with Fees Wages and Profites to the same Office or Offices afore the seid 4th day of Marche due and accustumed And also that all Yefts made by the Kyng the seid 4th day of Marche or eny tyme after under eny of his Seales to eny Persone or Persones of eny Office wheruppon noo charge hangeth nor nedeth to be of actuel Exercise or Occupation be from the seid Fest voide and of noo force nor effecte Also that all Grauntes made by the Kyng the seid 4th day of Marche or eny tyme after to eny Persone or Persones of eny Office or Offices with Fees and Wages then not due and accustumed nor apperteynyng to the same Office or Offices the seid 4th day of Marche be from the seid Fest as to the seid Fees and Wages not due and accustomed void and of noo force and effecte This Acte to be had and take with such Exceptions and Provisions as shall please the Kyng to make Then follow Three Savings made by the House of Commons 1 st For Sums issued to the Payment of the King 's own Debts 2. For Corporations Cities and Boroughs c. as to any Gift Grant Demise Lease Release Jurisdiction Authority Confirmation Ratification Licence Pardon c. granted by the Kings Henry the 4 th 5 th and 6 th 3. For Grants or Licenses given by the said Kings to any Person to found or make Fraternities Gyldes Hospitals c. or to purchase Lands for those Uses Then follow a prodigious Number 〈◊〉 Savings and Exceptions and so many as indeed seem intirely to defeat th● Design and Intention of the Act which in the 7th of the same Reign produc'd another Resumption This Heroick Prince who himsel● had fought so many Battles and wh● by his Courage from a private Person got to be King of England invites hi● People from the Throne to resume wha● had been plunder'd from the Crown i● the Words following 7 Edw. 4. Rot. Parl. N. 7. John Say and ye Sirs comyn to this my Court of Parlement for the Comon of this my Lond The Cause why Y have called and summoned this my present Parlement is Y purpose to to lyve upon my nowne and not to charge my Subgetts but in grete and urgent Causes concerning more tho we le of theymself and also the defence of theym and of this my Reame rather then my nowne pleaser as heretofore by Comons of this Lond hath been doon and born unto my Progenitours in tyme of nede wherein Y trust that ye Sirs and all the Comons of this my Lond wol be as tender and kind unto me in such Cases as heretofore eney Comons have been to eney of my seid Progenitours And for the good Wills kindnesse and true herts that ye have born continued and showed unto me at all tymes heretofore Y thank ye as hertily as Y can as so Y trust ye wol contenue in tyme comyng for the which by the Grace of God Y shall be to you as good and gracious Kyng and reigne as reight wisely upon you as ever did eney of my Progenitours upon Comons of this my Reame in days paste and shall also in tyme of nede aply my Person for the We le and defence of you and of this Reame not sparyng my Body nor Lyfe for eny jeopardie that mought happen to the same Ibid. N. 8. Memorandum Quod quedam Cedula formam cujusdem Actus Resumptionis in s● continentis exhibita fuit in presenti Parli●mento in haec Verba For divers Causes and Considerations concerning the Honour State and Prosperite of the Kyng and also of the Commonwele defence surete and welfare of this Reame and his Subgettes of the same it is ordeyned enacted and established by thadvyse and Assent of the Lords Spirituells and Temporells and Comons in this present Parlement assembled and by Auctorite of the same That the Kyng from the Fest of Ester last past have take seize hold and joy all Honours Castells Lordshipps Townes Towneshipps Manors Londes Tenementes Wastes Forestes Chaces Rentes Annuities Fermes Fee-fermes Reversions Services Issues Profites Commoditees which he was seised and possessed of the 4th day of Marche the first Yere of his Reigne or eny tyme after by resone of the Coroune of Englond the Duchie of Cornwaille Principalite of Wales and Erldom of Chestre or eny of theym in Englond Irlond Wales and Marches thereof or that apperteyned or belonged to hym the same fowerth day or eny tyme sin as paroell of his Duchie of Lancastre or by the forfaiture of Henry the Sixt late in dede and not in Right Kyng of Englond or eny Person atteynted sin the seid 4th day of Marche by auctorite of eny Parlement holden sin the seid 4th day or otherwyse attaynted by the course of the Comon Lawe of this Lond and passed from the Kyng under eny of his Seales to eny Persone or Persones in Fee-simple or Fee-taille terme of Lyfe or terme of Yeres and that the Kyng fro the seid Fest of Ester have hold and joye every of the Premisses in lyke estate as he had theym the seid fowrthe day of Marche or eny tyme after Also that all Yeftes Grauntes Ratifications Releses Leses Demyses and Confirmations made by the Kyng the seyd 4th day of Marche or eny tyme sin to eny Persone or Persones of eny of the Premisses in Fee-simple or Fee-taille terme of Lyfe or terme of Yeres under eny of his Seales be from the seid Fest of Ester void and of noo force nor effecte And furthermore it is ordeyned by the seid Advyse Assent and Auctorite That the Kyng from the seid Fest of Ester have take seise hold and joy all Honours Castells Lordshipps Townes Towneshipps Manours Londes Ten●mentes Rentes Services Possessions Enheritaments Issues profites and Comoditees which the full noble and famous Prynce Richard veray true and

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 La●c●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-Licen●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-Lands could not make this

be made of the true Value of the thing petition'd for and that mention be made of what other Gift or Grant the Petitioner has had from the King or any of his Predecessors and if all this be omitted the Grant to be void 4 Hen. 4. Rot. Parl. Num. 31. In the fourth Year of his Reign He declares he will grant no Lands but to such who shall deserve them as shall best seem to Him and Council and if any make demand without desert he shall be punished by the King and his Council and not obtain his Suit 11 Hen. 4. Rot. Parl. Num. 23. In the eleventh of his Reign it was enacted That all manner of Hereditaments which from thenceforward should fall into the Crown should not be alienated but remain to the King Thus did this wise King by keeping the Life-Blood of the Body-Politick within its proper Veins add to it so vigorous a Health that his Son was in a Condition to attempt and succeed in the Conquest of France And by his Resumptions and by the good Order he had settled in his Revenues he enabled Henry the V. to go on in those great Undertakings without laying any extraordinary Burthens upon the People * Answers to the Reasons for Foreign Wars p. 47. Sir Robert Cotton says That during Henry V. Reign of nine Years there was no Charge laid upon Land Out of the Goods of the Commons he received six times the tenth and fifteenth entirely and once two thirds only of staple Wares A Subsidy once for four Years and after for his Life Three Shillings Tunnage and 12 Pence Poundage for the like terms as the former Subsidies And thrice he had the Tenth of his Clergy All which was but very little considering the great Actions he perform'd but he himself was a wise Man and his Father had left him an honest and able Set of Ministers But long before either of these Reigns the King's Revenue was a particular Object of the Parliaments Care And they endeavour'd to keep his Affairs within such a Compass that the People might not be burthen'd with new Taxes which they try'd to bring about by the following Methods 1. By Regulating the Expences of the King's Court. * Edw. 2. Ex. Ang. M. S. Fol. 29. Anno 3. Edw. 2. An Ordinance was made Pro Hospitio Regis in ease of the People A l'honneur de Roy a son profit au profit de son peuple selon droit resonel serment que le dist nostre Signeur le Roy fist a son Coronement * Rot. Parl. 36. Edw. 3. Anno 36. Edw. 3. The Household was regulated at the Petition of the People † Rot. Parl. 1 Rich. 2. Num. 19. Anno 1. Rich. 2. The Household was brought to such a Moderation of Expence as might be answerable to the Revenues of the Crown * Ex ordinat in Rot. Act. Concil An. 11 Hen. 4. mark'd R. R. Anno 11. Hen. 4. The Expences of the King's Household were moderated the Reason the Commons gave for it was Qe vous poiez vivre le vos biens propres en eese de vostre Peuple 2. By desiring the King to employ wise and able Men in his Affairs as was done * Rot. Parl. 6 Rich. 2. Part 2. Num. 16. Anno 6. Rich. 2. And by desiring the King to make use of such Persons as were renown'd for Virtue as was done † Rot. Parl 5 Hen. 4 Num. 19. Anno 5. Hen. 4. And by appointing certain Persons by Name to be of the Privy Council at the King 's own desire as was done * Rot. Parl. 7 8. Hen. 4. Num. 31. 7 8. Hen. 4. for which the principal Reason given in the Record is the Improvement of the King's Revenue Premierement pur la Conservation des Droits de nostre Seignour le Roy de sa Carone qe le Revenu dycell soient mieulx Coillez a son Profit encrescez a tant come home poet justement le faire a fyn qil poet le mieulx son honorable Estat sustinir And Note that just before the Passing this Act there pass'd an * Rot. ib. Num. 29. Act to Banish Foreigners 3. By procuring the Banishment of Great Men and particularly Foreigners by whom the Mony of the Nation was consumed Thus the Weight of the People prevail'd upon * Hen. 2. ex Gervas Dorobern Henry II. to banish William de Ipre Earl of Kent a Netherlander and all his Countrymen when they were become a Burthen to the State They prevail'd likewise upon † Rich. 2. ex Rich. Canonico in Vit. Rich. 1. Richard I. to send away Otho Earl of York tho' he was his own Nephew with all his Bavarians And he took from Otho the Earldom of York because it offended the People that a Foreigner should enjoy so high a Title and in exchange he gave him the Title of Poictife * Hen. 3. Ex lib. St. Alba Will Rishang lit Baron Papae Henry III. as we have noted before was compell'd to Banish his half Brothers the Earl of Pembroke and the Bishop of Winchester who had more than any others help'd to impoverish that profuse Prince At the same time all the Poictovins were banish'd Edward II. was necessitated to send away Pierce Gaveston and others as appears by his Ordinance † Ex Ordinat 3 Edw. 2. in lib. Legum Manuscr ●ol 285. Qe tout le Lignage sire Pieres Gaveston soit entirement ouste de estre entoins le Roy de son Service Item Burgois de Til soit ouste son Fias qe est Mereschal d l'escheqer Item qe Bertram Assabi son Frere ceux de Gascoigne Aimerick de Friscomband soint oustre ses terres prises en le main le Roy. In the 11th of * Rot. Parl. 11 Ri. 2. Part 1. Num. 28. Richard II. an Act of Parliament pass'd to banish the Bohemians who were Hangers on upon the Court and help'd to undo that unfortunate King In the 5th of † Rot. Parl. 5 Hen. 4. from Num. 26. to Num. 31. exclus Hen. IV. All Foreigners except some few about the Persons of the Queen and Princes are banish'd the Court and the Reason given for it is that they were a Burthen and Charge upon the King Et qe le Houstiell de nostre dit Seignour le Roy ne feusse chargez ovesqe tielx estrangers Mais qe ycell Houstiell purroit estre mis en bone moderate Governance dont les Coustages purroint estre supportez des Revenues del Roialme ovesqes autres charges necessaires 4. By appointing Commissioners to inspect the Publick Accompts as was done in the Case of Furnival and Master John Pelham These two Gentlemen at the Parliament held at Coventry had been made by the House of Commons particular Treasurers for certain Aids then granted towards carrying on the War In the 7th and 8th of Henry

Value if it cannot be given away without great Damage to the Crown if by reason of such Gift he is hindred from paying his just Debts or from having wherewithal to defray the Charges of the Government or to provide for the Kingdoms Defence or if by this and other Gifts he must be driven through the failing of his own Revenue to lay heavy Burthens upon the People 't is the Duty of the Lord Treasurer to represent the whole Matter honestly and impartially to the King and to hinder the Grant from proceeding any further And as a Tie upon him he takes the following Oath Ye shall swear That well and truly ye shall serve the King our Soveraign Lord and his People in the Office of Treasurer and ye shall do right to all manner of People Poor and Rich of such Things as toucheth your Office And that King's Treasure truly ye shall keep and dispend And truly ye shall counsail the King and his Counsel ye shall layn and keep And that ye shall neither know nor suffer the King 's Hurt nor his dis-heriting nor that the Rights of his Crown be distressed by any means as far forth as ye may let And if ye may not let it ye shall make knowledge thereof clearly and expressly to the King with your true Advice and Counsel And ye shall do and purchase the King's Profit in all that ye may reasonably do as God you help and the Holy Evangelists It was hardly possible to devise a more binding Oath And the Words Ye shall well and truly serve the King our Soveraign Lord and his People in the Office of Treasurer are an Evidence that our Forefathers took themselves to have some kind of Interest in what was call'd the Crown-Revenue If the Grant meets with no Objection at the Treasury the King signs a Warrant directed to the Attorny or Sollicitor-General who is another Great Officer impowering him to prepare a Bill containing such a Grant And if the Grant be of Mony appropriated by Act of Parliament or of Lands annex'd to the Crown by Act of Parliament or if the Grant be any ways illegal or prejudicial to the Crown it is the Attorny or Sollicitor-General's Duty to advertise thereof After Mr. Attorny has pass'd it it goes to the Signet the Custody whereof is in the Secretary of State who being a Minister in high Office is presum'd by the Laws to be watchful for the King 's Good and to inquire into all Matters relating to the Weal Publick He is presum'd to be apris'd of the Persons Merits to whom the Grant is to be made and likewise to understand either the Affluence or Want in the King's Coffers and the general Condition of his Revenue And having an Allowance for Intelligence he is presum'd to know the Discourses and Opinions of the People and how such Grants are relish'd If therefore the Person suing out the Grant has no Merit at all or at least no sort of pretention to so great a Reward or if he knows the Publick to be press'd with Wants and Debts or if he hears that the People murmur at the Taxes which Profusion introduces and Clamour to see the Nations Mony wasted by his Duty as Privy Councellor and by his Oath he is bound faithfully and plainly thereof to inform the King From the Signet it should go to the Privy Seal who is likewise another Great Officer who being near the Person of the King is presum'd to know the Condition of the Kingdom and therefore the Law has made him another Check He takes this Oath Ye shall as far forth as your Cunning and ●●●cretion sufficeth truly justly and evenly execute and exercise the Office of Keeper of the King 's Privy Seal to you by his Highness committed not leaving or eschewing so to do for Affection Love Meed Doubt or Dread of any Person or Persons c. So that if the Lord Privy Seal finds that through Corruption in other Offices or that by Power Importunity or partial Favour a Grant tending greatly to the Publick Damage and to the Diminution of his Prince's Revenue has pass'd so far as to his Office he ought to stop it there and is bound in Duty and by his Oath to lay the whole Matter before the King From the Privy Seal it goes to the Great Seal in the Custody of the Lord Keeper or Lord Chancellor of England who is accompted the Kingdom 's as well as the King's Officer and there the Grant is compleated upon which score in the Eye of the Law this Great Minister is most look'd upon his Oath is the same with that of the Lord Treasurer He swears Well and truly to serve the King and his People in the Office of Chancellor truly to Counsel the King not to suffer his Hurt or Dis-heriting nor that the Rights of the Crown be distress'd by any Means as far forth as he may let And if he may not let it he is to make it clearly and expresly known to the King with true Advice and Counsel And in all that he may he is to do and purchase the King's Profit So that more than any other as the highest Officer and as the last Check the Laws presume him to consult for the King 's good Therefore if the Grant be exorbitant if it be made to an undeserving Person if it notoriously surpasses the Merits of the Suitor if it was obtain'd upon wrong Suggestions if it occasions Obloquy to the Government or Discontent among the People if the King's Debts are many and clamorous if the Nation labours at the same time as the Gift is made under heavy Taxes and if the Grant tends greatly to the Hurt and Impoverishment of the Crown with all which Matters the Law presumes so great a Minister in the State to be acquainted he is bound in Duty and by his Oath not to fix the Great Seal to the said Grant but thereupon faithfully and impartially to advise the King And Chancellors who have acted otherwise and who contrary to the Trust of their Office have ventur'd to pass outragious Gifts Douns Outrageuses as the Records call 'em whereby the Crown has been impoverish'd have been heretofore as we shall show by and by question'd impeach'd and attainted in Parliament These were the ancient Steps in Passing Grants from the Crown which were afterwards inforc'd by a positive * Anno 27 Hen. 8. Cap. 11. Law in the Reign of Henry the Eighth a Prince jealous enough of the Regal Authority 'T is true by the Suggestion in the Preamble it looks as if the Act were made to preserve the Fees belonging to the Clerks of the Signet but bringing in Fees to Officers being never the Object of a Parliaments Care we ought to conclude that the House of Commons gave that fair Colour in the Reign of a Suspicious and Arbitrary Prince to the Regulations they intended to make as to Passing Grants from the Crown First the Law directs That the King's

Grants shall be brought to the Principal Secretary or to one of the King's Clerks of his Grace's Signet for the time being to be at the said Office of the Signet pass'd accordingly And be it also ordained and enacted That one of the Clerks of the said Signet to whom any of the said Writings signed with the King 's most gracious Hand or the Hand of any other aforesaid or any of them fortune to be deliver'd may and shall by Warrant of the same Bills and every of them within the space of eight days next after he shall have receiv'd the same unless he have Knowledge by the said Secretary or otherwise of the King's Pleasure to the contrary make or cause to be made in the King's Name Letters of Warrant subscrib'd with the Hand of the same Clerk and sealed with the King's Signet to the Lord Keeper of the King 's Privy Seal for further Process to be had in that behalf And that one of the King's Clerks of the said Privy Seal upon due Examination had by the said Lord Keeper of the said Privy Seal of the said Warrant to him addressed from the Office of the said Signet as afore may and shall within the space of eight days next after he shall have receiv'd the same unless the Lord Keeper of the Privy Seal do give them Commandment to the contrary make or cause to be made by Warrant of the foresaid Warrant to the said Lord Keeper of the Privy Seal Address from the Office of the Signet aforesaid other Letters of like Warranty subscribed with the Name of the same Clerk of the Privy Seal to the Lord Chancellor of England Lord Keeper of the Great Seal Chancellor of the Dutchy of Lancaster Chancellor of the King's Land of Ireland Treasurer and Chamberlains of the Exchequer and Chamberlains of any of his Counties Palatines or Principality of Wales or other Officer and to every of them for the writing and ensealing with such Seals as remain in their Custody of Letters Patent or Closed or other Process making due and requisite to be had or made upon any the said Grants according to the Tenor of the Warrant to them or any of them directed from the Officer of the Privy Seal as is afore specified These Cautions show how carefully our Constitution has provided that nothing shall be done which may turn in Despendium Regis aut Regni But here some flattering Lawyers will affirm That these Methods are Directive not Coerceive Or as Hobart says † Hobart's Reports Colt and Glover P. 146. That these kind of Statutes were made to put Things in ordinary Form and to ease the Sovereign of of Labour but not to deprive him of Power according to this Maxim of the same Judge That * Lord Sheffeild ver Ratcliffe p. 335. Dare Prerogativam est nobile Officium Judicis Debitum And truly heretofore Westminster-hall did so order it that these Fences intended to keep the Publick Revenues from the Hands of Spoilers were all broken down and that all these Statutes were evaded For the Force of all these wholsome Laws was enervated by Clauses afterwards incerted into the Letters Patents viz. Ex certa Scienta mero motu Gratia speciali Ex certa Scientia was very antiently made use of but the words became more necessary afterwards to defeat the 1st of Henry IV. where 't is enacted † Rot. Parl. 1 Hen. 4. Num. 98. That the true and express Value of the thing to be granted shall be incerted in the Letters Patents otherwise the Grant to be void So that these words suppose the King to have certain knowledge in every Circumstance of the thing he is to give away which happens very rarely to be the Case But notwithstanding these words if certain Proof can be made that the King was misinform'd by false Suggestion no Lawyer will say the Grant is good Ex mero motu imports the Honor and Bounty of the King who Rewards the Patentee for Merit without his Suit These words suppose the King to be truly appris'd of the Person 's Merit and were brought in to obviate the 4th of Henry IV. whereby it was enacted * Rot. Parl. 4 Hen. 4. That no Lands should be given but to such as deserv'd them and if any made Demands without Desert that he should be punish'd And to the same purpose were added the words Ex Gratia speciali yet more to denote that the Gift proceeded meerly from the King's Favour and not at the Party's Sollicitation But besides all this because anciently it seem'd a Fundamental that the Crown-Lands were not alienable and because all along Parliaments had complain'd of these Alienations as looking upon 'em to be illegal the Lawyers of old Times endeavour'd to secure and cover all by a Clause of Non Obstante to be incerted in the Patents These Clauses of Non Obstante were not known in our original Constitution Mathew Paris says they grew rife in the Reign of Henry III. Anno Dom. 1250. * Mat. Paris p. 810. Sprsimque jam tales Literae in quibus inserta est haec detestabilis adjectio Non Obstante Priore Mandato vel haec Non Obstante Antiqua Libertate Suscitabantur Then he goes on Quod cum comperisset quidam vir discretus tunc Justitiarius scilicet Rogerus de Thurkeby ab alto ducens suspiria de praedictae adjectionis appositione dixit Heu heu hos ut quid dies expectavimus Ecce jam civilis Curia exemplo ecclesiasticae Coinquinatur a Sulphureo fonte intoxicatur But this Clause grew more necessary after the 11th of Henry IV. when it was plainly and directly enacted * Rot Parl. 11 Hen. 4. Num. 23. That all manner of Heriditaments which from thenceforward should fall into the Crown should not be alienated but remain to the King And this last Law being positive unrepeal'd as we know of and still in force as much as Magna Charta and the Doctrin of Non Obstantes seeming to be condemn'd by The Ast declaring the Rights and Liberties of the Subject in these Words That the pretended Power of Suspending of Laws or the Execution of Laws by Regal Authority without Consent of Parliament is Illegal That the pretended Power of dispensing with Laws or the Execution of Laws by Regal Authority as it hath been assum'd and exercis'd of late is Illegal There will arise a Question how far the Grants made since the passing this Act 1 Gul. Mar. are valid by the Laws as they stand at present For we may argue thus It was enacted 11 Hen. IV. That the crown-Crown-Lands should not be granted away However the Practice was otherwise and the Grants were supported by Clauses of Non Obstante But these Non Obstantes or the dispensing with Laws in force being declar'd Illegal it should follow that the Grants of crown-Crown-Land made for these last ten Years are void in Law and revokable at the King's Will and Pleasure

But 't is left to the Gentlemen of the Long Robe to determin in this Point However tho' this Doctrin of Non Obstantes invented perhaps first to enlarge the Prerogative for the People's benefit and made use of afterwards to extend it to the King and People's Damage may have heretofore receiv'd Countenance in Westrninster-hall there is another Place where in no Age it has met with Favour And the Reasons why so many Resumptions have been made might be First That it gave Offence to the Legislative Authority to see the Ministers make use of this dispensing Power Secondly That it appear'd the Suggestions were wrong upon which the Grants were grounded That is that the Soveraign did not proceed Ex certa Scientia namely that he was surpris'd and misinform'd in the value of the Thing given That he did not proceed Ex mero motu but that the Gift was wrested from him by his importunate and undeserving Courtiers That he did not proceed Ex Speciali Gratia but was rather induc'd to bestow the Favour through the necessity of his Affairs to quiet some great Man or to please some powerful Party And in all probability upon such or the like Accompts Parliaments have look'd into Grants and the best Princes have not thought it dishonorable to join in Revoking what had been thus Extorted from them And as to the distinction which the Lawyers make between Directive and Coercive Admit the Forms by which the Law has directed all Grants shall pass should be only Directive to the Soveraign and devised for his greater Ease and Safety yet without doubt they are Coercive to his Ministers No Law-givers ever intended that a solemn Law made upon mature Deliberation and prescribing a Rule in high Affairs of State should have no effect at all But the 27 Hen. VIII which Chalks out to the Secretary Lord Privy Seal and Lord Chancellor the regular Steps they are to make in passing Grants would be of no sort of signification if they may pass per Saltum and by immediate Warrant without being enter'd in the several Offices When Parliaments advise the Prince 't is humbly submitted to his Wisdom whether or no he thinks fit to approve of their Councils But when by a written Law they give Advice and lay down Rules and Directions in Matters of State for the Ministers to walk by and observe without doubt they intend Advice so solemnly given should be follow'd Hitherto we have mention'd the Cautions Provisions Restrictions and Forms which our Ancestors establish'd and made use of to preserve the King's Revenue by which the Publick was to be supported But notwithstanding all this the Wickedness of Men was either too Cunning or too Powerful for the Wisdom of the Laws in being And from time to time Great Men Ministers Minions and Favourites have broken down the Fences contriv'd and settled in our Constitution they have made a Prey of the Common-wealth plum'd the Prince and converted to their own Use what was intended for the Service and Preservation of the State We shall therefore proceed to show That to obviate this Mischief the Legislative Authority has all along interpos'd with Inquiries Accusations and Impeachments till at last such dangerous Heads were reach'd For as Courts have been watchful to Rob the Prince so antiently the Barons and afterwards Parliaments from time to time have been as vigilant to prevent his Ruin showing in the progress of their Councils great Wisdom mixt with Duty and Temper join'd with Courage The first Great Person whom we find question'd since the Norman Government was Ranulphus Bishop of Durham who bore the Office of what we now call * Dugdale Series Chronica p. 1. Lord Treasurer of England in the time of William Rufus This Man had been the Principal Instrument of the Profusion and of what is its Consequence those Extortions that disgrac'd the Reign of Rufus Of whose times William of Malmsbury speaking says None were then Rich but such as dealt with the Exchequer * Will. Malms p. 123. Nullus Dives uisi Nummularius This wicked Minister was brought to Punishment by Henry I. who cast him into Prison and loaded him with Chains Matthew Paris says † Mat. Paris p. 56. De Communi Consilio Gentis Anglorum posuit eum Rex in vinculis Malmsbury gives him this Character * Wil. Malms p. 123. Radulphus Clericus ex infimo genere hominum Lingua Assiduitate provectus ad summum Expilator Divitum Exterminator Pauperum Confiscator alienarum Hereditatum Invictus Caussidicus cum verbis tum rebus immodicus nec aliorum curaret odium dummodo complaceret Dominum It seems he was a little insolent Fellow who by his fluent Tongue and cringing at Court had got Power enough to do much hurt in England A mischievous Tool against the Publick as well as an Oppressor of private Men Subtle to invent Wickedness and Bold to put it in Execution and one who would stick at nothing to raise himself Matthew Paris speaking of him says he was † Mat. Paris p. 56. Homo perversus ad omne Scelus paratus quem Rex constituerat Procuratorem suum in Regno ut evelleret destraeret raperet disperderet omnia omnium bona ad Fifci Commodum comportaret We have thus painted out this Statesman in the Colours as he is represented by those two Venerable Writers And he so much resembles several bad Ministers who in the Ages since have succeeded both to his Post and Power that one would think they had chosen to take him for their Pattern In the 5 of Edward II. Pieres de Gaveston was accused in Parliament for having given the King ill Council and for having cheated the King of his Treasure and sent it beyond Sea and for having Estranged the King's Heart from his People so as he slighted their Councils and for having remov'd all faithful Ministers and plac'd only his own Creatures or Foreigners about the King and for having caus'd the King to grant Lands Tenements and Offices to himself and his Heirs and to divers other People insomuch that by his Wealth he was become dangerous to the great damage and injury of the King and his Crown For which he was Banish'd the Realm so as if he return'd he should be treated as an Enemy to the King Kingdom and People But take the Words of the Record because 't is very curious Rot. Ord. 5. Edw. 2. Num. 20. Purceo qe conue chose est per le examinement de Prelatz Countes Barouns Chivalers autres bones Gentz du Roialme trovez qe Pieres de Gaveston ad Malmeuez mal Conseillez nostre Seignour le Roy lad enticee a malfaire en divers Manieres deceivances en accoillant a lui toute le Tresor le Roi lad esloigne hors du Roialme en attreant a lui royal Poer royal Dignite come en aliaunce faire de Gentz par sermentz

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 * K●ygh●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

voie sy avaut come vous le poez destourber et sy vous ne poez destourber vous le ferez savoir clerement et expressement au Roy ensemblablement ove vostre loyal avis et Conseil et qe vous ferez et purchasarez le profit le Roy par tout ou vous le purrez faire resonablement Si dieu vous eide et les Seints Evangieles Prient qe ce lu et bien entendu et considerez les Circonstances de son dit responce sy bien Cest assavoir de ce qe nad pas dedit qe il ne receut du don le Roy puis qil estoit fait Conte estant en l office de Chanceller diverses Terres et Tenements come contenu est en le Empechement come qil ad conus ouvertement qil recent du Roy autres Terres et Tenements qe sont certeins et seures a la value de qatre Cents Marcs per an en Exchange de qatre Cents Marcs annuels qeux il avoit sur la Custume de Kyng ston sur Hull qe sont casuels et nemy sy seures nient enformant le Roy clerement de son damage celle partie et coment qil ad dit qil receut parties desdites Terres et Tenements issint pris en change devant qil estoit Chanceller les Communes dient qil estoit lors du Prive Conseil du Roy et a ce jurez et puis en la Creation del Office de Chanceller astrict de Nouel per serement et il en cel Office Agreant as Exchanges par luy devant suppliez prist et receust du Roy le remenant desdites Terres et Tenements en plein perfourmessement des Exchanges susdits et demandent Judgement du Parlement surtout son responce des susdits So that for the Insufficiency of his Answer the following Judgment was given Rot. ibid. Num. 13. Et purce qe le dit Conte ne allegea point ●n son Responce qil observe le effecte de son ferement en ce qil jurrast qe il ne saveroit ni ne suffreroit le damage ne la desheritison du Roy ne qe les droitures de la Corone fussent destruits par uulle voie sy evant come il les poiast destourber et si il ne les poet destourber il le feroit savoir derement expressement au Roy ensemblablement ove son loyal avise Counseil qil feroit purchasseroit le Profit le Roy per tout ou il le pourroit fair resonablement Et il tant come il estoit ainsy principal Officer du Roy Sachant le Estat necessite du Roy du Royalme prist du Roy tiels Terres Tenements come est suppose par le Empechment a luy en le dit premier Article surmis coment qil alleged en son responce qe les dons a luy issint faits furent confirmez par plein Parlement il ny a nul tiel record en Roulle de Parlement Purquoy Agardez est qe tous les Manoirs Terres Tenements Rents Services Feos Avoesons Reversions Profites ove lour Appurtenances per luy issint receus du Roy soient Reseisez reprises en les Mains du Roy a avoir tenir a nostre dit seigneur le Roy et ses Hoirs sy pleinement enheritablement come il les avoit tenoit devant le don eint fait al dit Conte et qe toutz les Issues et Profits ent receus ou leves al Oeps du dit Conte en le mesme temps soient levez al Oeps nostre Seignour le Roy des Terres et Chastelx du dit Conte illoques et aillours Mes ne est pas le Intention du Roy ne des Seignours qe celle Jugement sestende de luy faire perdre le nom et le Title de Conte ne les vingt livres Annuelx quex le Roy luy grana prendre des issues du Conte de Suffolk pur le Nom et Title avantdits Et outre purceqe le dit Conte nadpas dedit qil nestoit du prive Conseil du Roy et a luy jure quand il demanda primes du Roy la dit Exchange estre faite et ad conu qe devant les dites Exchanges perfourmes il fut fait Chanceller en qel Office il fust astrict per son serement faite en la forme avant dite So that it appears plainly from this Record That King Lords and Commons took it to be a Crime in the Lord Chancellor and against his Oath to take Lands in Gift or in Exchange from the King for upon the Chancellors Oath the Judgment was grounded it being in those Days thought and understood that he who was sworn to purchase the King's Profit should not inrich himself with the Revenues of the Crown and as the Record says that he chiefly ought not to do so who was le Principal Officer and who knew the State and Necessities both of King and Kingdom And it was a very odd Circumstance of those times that the Legislature should be necessitated to relieve the King against Frauds committed by the Principal Judge in Equity and by the Keeper of his Conscience Anno 11. Rich. II. The Legislative Authority was not satisfied with what had been done the Year before against this Chancellor but it was thought fit to proceed farther against Him and other bad Ministers who had attempted to overthrow the Constitution of this Kingdom The Duke of Glocester Uncle to the King and Constable of England the Earl of Darby the Earl of Arundel the Earl of Warwick and Thomas Earl Marshal accus'd Michael de la Pool and others of High Treason the Term then us'd was they Appeal'd 'em of Treason * Rot. Parl. 11 Rich. 2. p. 2. m. 7. Thomas Duc de Glocester Conestable d Engleterre Henry Conte de Derby Richard Conte de Arundel de Surry Thomas Conte de Warwick Thomas Conte Mareschal Appellons Alesandre Ercevesque Deverwik Robert de Verr Duc d Irland Michael de la Pool Conte de Suffolk Robert Treselian faux Justice Nicholas Brembre faux Chivalier de Londres de Hautes Trahisons par eux faits enc●ntre nostre Seignour le Roy son Royalme Come Traitours Ennemies du Royalme Qeux Appel Trahison sont declarez Appointex Specesiez pleinement sy come est contenu en diverses Articles desous Escripts Et Priont qe les dits Appelles soient demandez et qe droit et Justice ent soit fait en cest present Parlement Then these Lords exhibited against Michael de la Pool and the rest 39 Articles of High Treason In the 5th 6th and 7th Articles they are accus'd for having procur'd to themselves and others and to their Kindred Grants of the crown-Crown-Lands in England and Ireland besides Gifts of Mony to the Value of above One Hundred Thousand Marks by which the

Co● 1. It was an Article against the Duke of Buckingham that he had such a Multiplicity of High Offices in the State as no one Person could well and truly discharge That for his own particular Gain he had sold Patents to be Peers of England to the prejudice of the Gentry and dishonour of the Nobility of this Kingdom That besides his great Employments and the Profits thereunto belonging which might have satisfy'd any moderate Ambition He had procur'd to himself several Grants of the Crown Revenue amounting to a high Value But that the Reader may have this matter of Impeachments more fully before him we shall here incert the three Articles which have Reference to our present subject tho they are already publish'd in Rushworth Rush Coll. 1 vol. p. 306. Art I. That whereas the Great Offices expressed in the said Duke's Stile and Title heretofore have been the singular Preferments of several Persons eminent in Wisdom and Trust and fully able for the weighty Service and greatest Employments of the State whereby the said Offices were both carefully and sufficiently executed by several Persons of such Wisdom Trust and Ability And others also that were employ'd by the Royal Progenitors of our Sovereign Lord the King in Places of less Dignity were much encouraged with the Hopes of Advancement And whereas divers of the said Places severally of themselves and necessarily require the whole care industry and attendance of a most provident and most able Person He the said Duke being young and unexperienced hath of late Years with exorbitant Ambition and for his own profit and advantage procured and ingrossed into his own hands the said several Offices both to the danger of the State the prejudice of that Service which should have been performed in them and to the great discouragement of others who by this his procuring and ingrossing of the said Offices are precluded from such hopes as their Vertues Abilities and Publick Employments might otherwise have given them p. 334. Art IX Whereas the Titles of Honour of this Kingdom of England were wont to be conferred as great Rewards upon such virtuous and industrious Persons as had merited them by their faithfull Service the said Duke by his importunate and subtle Procurement had not only perverted that antient and most honourable Way but also unduly for his own particular Gain he hath enforced some that were rich though unwilling to purchase Honour as the Lord R. Baron of T. who by practice of the said Duke and his Agents was drawn up to London in or about October in the Two and twentieth Year of the Reign of the late King James of famous Memory and there so threatned and dealt withal that by reason thereof he yielded to give and accordingly did pay the summ of Ten thousand pounds to the said Duke and to his use For which said Summ the said Duke in the Month January in the Two and twentieth Year of the said late King procured the Title of Baron R. of T. to the said Lord R. In which practice as the said Lord R. was much wronged in this particular so the example thereof tendeth to the prejudice of the Gentry and dishonour of the Nobility of this Kingdom p. 340. Art XII He the said Duke not contented with the great Advancement formerly received from the late King of famous Memory by his procurement and Practice in the fourteenth Year of the said King for the support of the many Places Honours and Dignities conferred on him did obtain a Grant of divers Manners Parcel of the Revenue of the Crown and of the Duchy of Lancaster to the yearly value of One thousand six hundred ninety seven pounds two shillings half-penny farthing of the old Rent with all Woods Timber Trees and Advowson part whereof amounting to the Summ of Seven hundred forty seven pounds thirteen Shillings and four Pence was rated at Two and thirty thousand Pounds but in truth of a far greater Value And likewise in the Sixteenth Year of the same Kings Reign did procure divers others Manners annexed to the Crown of the yearly value at the old Rent of Twelve hundred Pounds or thereabouts according as in a Schedule hereunto annexed appeareth In the Warrant for passing of which Lands he by his great Favour procured divers unusual Clauses to be incerted viz. That no Perquisites of Courts should be valued and that all Bailiffs Fees should be reprised in the Particulars upon which those Lands were rated whereby a President hath been introduced which all those who since that time have obtained any Lands from the Crown have pursued to the damage of his late Majesty and of our Sovereign Lord the King that now is to an exceeding great Value And afterwards he surrendred to his said Majesty divers Mannors and Lands parcel of those Lands formerly granted unto him to the Value of Seven hundred twenty three Pounds eighteen Shillings and two Pence Half-peny per annum in consideration of which surrender he procured divers other Lands of the said late King to be sold and contracted for by his own Servants and Agents and thereupon hath obtained Grants of the same to pass from his late Majesty to several Persons of this Kingdom and hath caused Tallies to be stricken for the Money being the Consideration mentioned in those Grants in the Receipt of the Exchequer as if any such Moneys had really come to his Majesties Coffers whereas the Duke or some other by his Appointment hath indeed received the same Summs and expended them upon his own Occasions And notwithstanding the great and inestimable Gain by him made by the sale of Offices Honours and by others Suits by him obtained from his Majesty and for the countenancing of divers Projects and other Courses burthensome to his Majesty's Realms both of England and Ireland the said Duke hath likewise by his procurement and practice received into his hands and disbursed to his own use exceeding great Summs that were the Moneys of the late King of famous memory as appeareth also in the said Schedule hereunto annexed And the better to colour his doings in that behalf hath obtained several Privy-Seals from his late Majesty and his Majesty that now is warranting the Payment of great Summs to Persons by him named causing it to be recited in such Privy-Seals as if those Summs were directed for seeret Services concerning the State whic● were notwithstanding disposed of to his own use and other Privy-Seals by him have been procured for the discharge of those Persons without Accompt and by the like fraud and practise under colour of free Gifts from his Majesty he hath gotten into his hands great Sums which were intended by his Majesty to be disbursed for the preparing furnishing and victualling of his Royal Navy by which secret and colourable devices the constant and ordinary course of the Exchequer hath been broken there being no means by matter of Record to charge either the Treasurer or Victualler of

made for the Expences of the current Year But the Honour of the House of Commons and the Credit of the Nation seem absolutely engaged to make good several Deficiencies to which we are not only bound by Publick Faith which ought to be inviolable but by direct and express Clauses in Acts of Parliament so that when a Law has Enacted That such a Debt should be paid by a prefix'd time all Ways and Means ought to be thought upon to make that Promise good not so much for the sake of Credit to go a borrowing with which Parliaments can hardly loose but to keep sacred the Dignity and Majesty of the Common-wealth There is no Man will pretend to say but that the Ways and Means of raising Mony are extreamly difficult Almost every Branch of our home Consumption has a Load upon it Our Foreign Traffick is already more charg'd than can possibly consist wich the Interest of a Trading Country Three Shillings per Pound with the strictness 't is now levyed is such a Weight that if it be much longer continu'd must in time certainly ruin all the less Free-holders and greatly hurt the Gentry of this Kingdom To lay farther Excises upon the same Commodities cannot be done without apparent prejudice to the Duties already granted the same will hold in laying higher Customs To charge Land for any long term of Years in times of Peace is a thing unheard of among our Ancestor and tho' past Conduct has made it perhaps unavoidable for some Years to come yet the People will think themselves very ill dealt with by their Representatives if Care be not taken to lay as few Burthens upon their Land as possible Some indeed have been of Opinion that the Deficiencies may be satisfy'd and that the Debts may be paid by prolonging the Fonds already granted for a further term of time but others who love their Country have thought it dishonourable and dangerous that England should be so long pawn'd and continue for so many Years in Mortgage They think it not safe for our Constitution nor consistant with our Civil Rights that there should be levyed in this Kingdom for any number of Years near four Millions annually in Customs Excises and such like Duties which in some future Reign bad Ministers may perhaps seize upon and intercept by stopping the Exchequer in order to set up an Army and to subsist without a Parliament Of this good Patriots will be always apprehensive and have therefore ever abhorr'd these long Fonds which all the Neighbouring Princes round about us have constantly made use of for subverting the Liberties of their People Some without Doors have been for trying such wild Projects as was that of increasing the number of Exchequer-Bills which indeed was a good Expedient to lull our Creditors asleep and to quiet Things for the present while certain Persons might have the Opportunity of doing their own Business and of Building up their own Fortunes but the Publick could thereby have reap'd no Benefit On the contrary this Calm in our Affairs and the not being press'd by any clamorous demands would have occasion'd and encourag'd still more and more bad Husbandry and at last the Debt must have come upon us with the addition of a heavy load of Interest besides which is unanswerable if a War had overtaken the Nation with such a Debt upon it all due and demandable at a Day Publick Credit must have sunk at once upon which would have follow'd Ruin without Redemption Good Patriots will never think England can be effectually reliev'd by any Ways and Means of raising Mony but such as shall sink part of the Principal Debt and hinder us from being eaten up by that Canker of Vsury which has been so destructive to this Government Nor will English-men we mean such of 'em as consider at all think that Trade can flourish or that Liberty is intirely safe 'till our Payments to the Publick are reduc'd to what they were before the War viz. two Milions Yearly for this Nation will be ever apprehensive That such mighty Sums as we now pay may hereafter in the Reign of some other Prince be turn'd against the People tho' given and granted for their Preservation Since therefore the common Ways and Means of raising Money may be dangerous in their future Consequence or a present Burthen upon the Nation it imports good Patriots to consider whether or no the Necessities of the Government may not be supply'd by the Methods which our Ancestors have so frequently put in Practice By which we mean whether or no a Resumption of such Lands in England and more especially in Ireland as have lately been granted away from the Crown would not be a great Relief and Ease to the People in their Taxes If a Resumption can be made without breaking into the Rules of Justice or without bringing any Reflection upon the King whose Honour above all things ought to be regarded and if thereby two Millions can be rais'd to come in the room and place of a Land-Tax very few People will think it strange for the Legislative Authority to exert it self in a matter so much for the Common Ease and Benefit And where the Publick is so deeply concern'd but very few Persons will consider or consult the private Interest of such as have procur'd the Grants Therefore in handling this Subject we shall endeavour to examin into and state these following Points I. How far it is consistent with the Honour of a Prince to desire and promote a Resumption by Act of Parliament II. What Interest the People of England have in the Lands granted away and especially as to the forfeited Estates in Ireland III. How far in an Act of Resumption it is just and reasonable to look backwards 1st How far it is consistent with the Honor of a Prince to desire and promote a Resumption by Act of Parliament There is nothing more evident in our Histories than that the most magnanimous of our Kings have been the most free in confirming to the People their Antient Liberties Magna Charta as it is now deriv'd down to us was modell'd by Henry the 1st a Math. Par. fol. 74. Prince famous for his Military Virtues which was confirm'd by Stephen a King active enough in the Field This Sheet-Anchor of our Liberties was yet more strengthen'd by Edward 3d as Renowned as any of our Kings for Personal Valour and Victories abroad That which heretofore by Flatterers and Corrupt Ministers has been call'd Prerogative was never insisted upon but by weak and effeminate Princes who desir'd that their Immoderate Appetites of doing Ill might be justifi'd and strengthen'd by more Power than was allow'd 'em by the Laws Magnanimous Kings have always thought That the Royal Prerogative consisted chiefly in the Power of doing Good to so many Millions of Men who depend upon their Wisdom and Courage Henry the 4th that Heroick Prince who obtain'd the Crown by his own Personal Merits was so

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. 1● 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 part●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 J●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 ●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

the Lords to put them in mind of the said Bill and that Sir Robert Rich carry the said Message The Bill fell in the House of Lords by Reason of the shortness of the Session for on the 5th of January the Parliament was adjourn'd to the 31st of March and so by short Adjournments till the following Year But before the Recess his Majesty was graciously pleas'd in his speech to both Houses on the 5th of January to say as follows And I do likewise think it proper to assure you that I shall not make any Grant of the forfeited Lands in England or Ireland till there be another Opportunity of settling that matter in Parliament in such manner as shall be thought most expedient The following Sessions began 22 die Oct. 1691. Sabbati 16. die Jan. 1691. Order'd that leave be given to bring in a Bill to vest the Forfeited Estates in Ireland in their Majesties to be applied to the Uses of the War Order'd that leave be given to bring in a Bill for vesting the Forfeited Estates in England in their Majesties to be applied to the Uses of the War and 't is referred to Mr. Smith c. Sabbati 23 die Jan. 1691. Mr. Smith presented the two Bills Martis 26 die Jan. 1691. Each of the Bills were read a first time and order'd a second Reading Jovis 28. die Jan. 1691. Each of the said Bills were read a Second time and committed to a Committee of the whole House Lunae 1. die Feb. 1691. The House resolv'd it self into a Committee of the whole House c. Mr. Palmes Reported from the Committee that they had gone through the Bill for vesting the Forfeited Estates in England and had made some Progress in the Bill relating to Ireland Jovis 4. die Feb. 1691. Mr. Palmes Reported the Amendments made by the Committee to the Bill for vesting the Forfeited Estates in England c. which were read and agreed to by the House Several Clauses or Savings were offer'd and agreed to Among the Rest that nothing in the Bill contain'd should extend to Grants made to the Earls of Monmouth and Torrington Order'd That the Bill with the Amendments be engrossed Mr. Palmes also Reported the Amendments to the Bill for vesting the Forfeited Estates in Ireland Veneris 5. die Feb. 1691. The House proceeded to take into Consideration the Report of the Amendments to the said Bill and several of them were read a second time and agreed to c. Martis 9. die Feb. 1691. The House proceeded in the further Consideration of the Report c. A Clause was offered for their Majesties to grant to any Person or Persons as a Reward for their Service any of the Lands and Hereditaments vested in their Majesties by vertue of this Act so as such Lands and Hereditaments do not exceed ..... in Value of the whole Lands Tenements and Hereditaments so vested in their Majesties to any such Person or Persons as a Reward for his or their Service A Clause offer'd that it should be lawful for their Majesties to Grant to James Duke of Ormond and his Heirs any of the Forfeitures made by this Act or any other Means within or on any the Estate or Estates of the said Duke Twice Read and Agreed to Other Clauses Read and Agreed to Order'd That the Bill with the Amendments be engross'd Veneris 12. die Feb. 1691. An Engross'd Bill for vesting the Forfeited Estates in England in their Majesties to the use of the War was read the third time Riders offer'd and agreed to Resolv'd That the Bill do pass Order'd That Mr. Palmes do carry the Bill to the Lords and desire their Concurrence An Engross'd Billfor vesting the forfeited Estates in Ireland in their Majesties to be applied to the Use of the War was read the Third time Several Riders presented and agreed to Resolv'd That the Bill do pass Ordered That Mr. Palmes do carry the Bill to the Lords for their Concurrence Note In the Bill relating to the Irish Forfeitures there was reserv'd to their Majesties one third part of the Forfeitures To be disposed and given to such Military Officers and Soldiers as their Majesties should think fit who actually serv'd in the Wars in Ireland in Person there and to no other Person or Persons whatsoever During this Sessions Proposals were offer'd for raising Money upon the forfeited Estates Jan. 1st 1691. Resolv'd That a Committee be appointed to receive Proposals for raising Money upon the forfeited Estates in Ireland and it is referred to Mr. Smith c. Martis 26. die Jan. 1691. Order'd That the Committee to whom it was referr'd to receive Proposals for raising of Money upon the forfeited Estates in Ireland be impower'd to inquire into the disposal of forfeited Estates there Sabb. 13. die Feb. 1691. Order'd That the Report of the Committee appointed to receive Proposals c. be made upon Monday Morning next Mercurii 17. die Feb. 1691. The said Report was made 'T is very long but well worth the Perusal of all Members and is to be found in the Journal of 1691. Fol. 866. What pass'd in 1690 and 1691 is a sufficient Indication that the People of England had no mind this Matter should sleep The next Year viz. 1692 3. We may say a Claim to these Estates was continued and kept afoot by an humble Address from the House of Commons to the Throne Sabbati 4. die Martii 1692 3. where among other things it is thus pray'd And for asmuch as the Reducing of Ireland hath been of great Expence to this Kingdom We humbly beseech your Majesty That according to the Assurance Your Majesty hath been pleas'd to give No grant may be made of the forfeited Estates in Ireland till there be an opportunity of settling that Matter in Parliament in such manner as shall be thought most expedient That a true Accompt of the Escheats and Forfeited Estates both Real and Personal and Stores left by the late K. James may be laid before your Commons in Parliament assembled to the end that the said Escheats Forfeitures and Stores and the Embezzlement thereof may be inquired into Veneris 10. die Martii 1692 3. To this Address His Majesty was graciously pleased to give the following Answer Gentlemen I shall always have great Consideration of what comes from the House of Commons and I shall take great Care that what is amiss shall be remedied The Year following the Matter was again reviv'd and other Bills brought in of the same Purport with the former Veneris 12. die Jan. 1693. Order'd That a Bill be brought in to vest the forfeited Estates in Ireland in their Majesties to be applied to the use of the War The like Order for the forfeited Estates in England Mercur. 24. die Jan. 1693. The Honourable Henry Boyle Esq according to Order presented to the House a Bill to vest the forfeited Estates in Ireland in their Majesties to be applied to the Use of the War And also A Bill to vest

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-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 Int●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