A DISCOURSE UPON Grants and Resumptions Showing How our ANCESTORS Have Proceeded with such MINISTERS As have Procured to Themselves GRANTS OF THE Crown-Revenue And that the Forfeited ESTATES Ought to be Applied towards the Payment of the Publick DEBTS By the AUTHOR of The Essay on Ways and Means Apud Sapientes cassa habebantur quae neque dari neque accipi salvà Republicâ poterant Tacit. Hist Lib. III. LONDON Printed for JAMES KNAPTON at the Crown in St. Paul's Church-yard 1700. INDEX SECTION I. INTRODUCTION ALL Governments wisely Constituted have set a aside a Proportion of their Wealth for Publick Vses Page 1 In the Kingships settled by the Goths Hunns and Vandals the Conquer'd Country was divided 3 Good Princes have always reckoned their Revenues as belonging to the Publick ibid. Thrift in the Publick necessary because indigent Princes have seldom been known to compass great Things 5 Profusion in a Court destroys all sort of Order 6 Kings reduc'd to Streights ever involv'd in dark and mean Intreagues ibid. Wise Ones therefore have retreated as soon as possible from so dangerous a Step 8 But in Case of Negligence how the Wisdom of the Laws have provided for them 9 By inflicting severe Punishments on such as deceive him ibid. Especially on such who break their Trust ibid. And by Resumptions 10 However 't is always difficult to keep the Prince from being Robb'd ibid. The People repine not to see a Prince conser his Favours upon deserving Men if with Moderation 11 Those who Rob him try to be safe by their Numbers 13 But yet they have been reach'd ibid. How Male-Administration sometimes gets Footing but is afterwards corrected Page 14 Our Happiness under a stout and wise Prince 17 The present Disorders to be attributed to the Corruptions of the Times 20 The King's Character with a Description of his Actions and Vertues 20 to 24 A Prince who would reform the State must expect to meet with great Difficulties 25 What Artifices such as are guilty will use 26 What they will alledge in their Defence 28 The false Colours they will endeavour to give to their Actions and Councils 31 They will poison the Prince's Ear with false Whispers and misrepresent to him his best Friends 33 Whither 't is Politick to nourish Factions in a Court 34 Why some People in certain Junctures withdraw from publick Employments 38 How all the ablest Men may be induc'd to embrace the Service of the Government 39 A Prince who will correct Abuses seldom wants Assistance 40 The Author's Reason and Inducements to handle this Matter of the Grants 42 The Method he intends to observe in discoursing upon this Subject 43 44 SECT II. OBSERVATIONS on the Management of the Romans in their Publick Revenues VAlerius Publicola first lodg'd the publick Money of Rome in the Temple of Saturn Page 46 As the Empire extended the Romans more sollicitous to gather a publick Stock This done that they might not burthen the Plebears 47 The exact Fidelity of their Commanders in bringing the Spoils gain'd by War into the Common Treasury ibid. Till some time after the last Punick War none thought of growing Rich by Spoils gotten in the War 48 They who did it were Men who hatch'd wicked Designs against their Country ibid. The Romans made every War bear it's own Charges 49 Instances of great Sums from Time to Time brought into the Common Treasury 49 to 52 No Empire strong enough to carry on a long War singly upon it's own Revenues 53 The immense Treasure gather'd by Augustus and which Tiberius left behind him at his Death 57 All which Caligula consum'd in less than a Year ibid. The Difference the Roman Emperors made in the publick Revenues and the Prince's private Patrimony 58 Profusion in wicked Princes the first Spring of all their other Vices 62 The prodigious Debt into which Rome was plung'd in the Course of Three bad Reigns 63 The Debts of the Empire forc'd Vespasian a good Prince upon dishonourable Courses of raising Money 64 The vast Treasure gather'd and left by Nerva Trajan Adrian and Antoninus Pius 66 Antoninus Pius would not accompt the publick Revenues to be his own ibid. What had been gather'd in Five wise Reigns was wasted by Commodus in less than Thirteen Years ibid. The Profusion of Caracalla 72 A Brief Accompt of the Roman Coin 73 74 Coin the Pulâ—e of a Nation 77 When the Romans began to buy Peace 78 What a Number of Reigns Rome saw in 89 Years 79 When the Goths began to invade the Roman Dominions 80 The Care of Mesitheus chief Minister to the Emperor Gordian 81 Original of the Ruine of the Roman Empire 83 The Division of the Empire one Cause 85 But the principal Cause was that Poverty which the Profusion of their Emperors had brought upon the Provinces 87 SECT III. Of RESUMPTIONS A Brief Accompt of the Original of the English People and of the Ancient Constitution of this Kingdom Page 89 to 96 The Original of the Ancient Tenures in England 98 High Customs and Excises not thought on in the Gothick Establishments 101 These sort of Duties made use of by the Romans and set up again first in Italy ibid. In all the Gothick Settlements the Prince's Revenue consisted in Land 103 In forming this Constitution our Aucestors took Care to make ample Provision for maintaining the King's Crown and Dignity 104 When those Lands and Revenues were parted with which were alotted for his and the States Service Parliaments have seldom fail'd to restore and relieve his Affairs by Acts of Resumption ibid. Of Doom's-Day Book 105 Of the yearly Revenues of William the Norman ibid. The Number of Mannors then belonging to the Crown ibid What was call'd Terra Regis in Doom's-day-Book anciently esteem'd not alienable 106 William Rufus a profuse Prince 107 Henry the First provident he punish'd Ranulphus Bishop of Durham who had been the Minister of his Brother's Extortions and Profusions Resum'd what had been lightly given away by Duke Robert in Normandy ib. An Account of King Stephen He was brought to a Composition with Henry Fitz Empress in which Agreement one Article was That he should resume what crown-Crown-Land he had alienated 108 Which Agreement Henry the Second took care to see put in Execution And he rid the Court of Foreigners calling several of his Officers to an Accompt 109 What an immense Treasure his provident Care had accumulated which was consum'd by Rich. 1st in the Holy Wars Rich. compell'd to resume his own Grants 110 The Money rais'd in England in Two Years of this Reign 112 An Account of King John 113 Henry the Third resumed what had been alienated by King John and at the Instance of the Barons he banished the Foreigners In this loose Reign the Money of England corrupted 114 In the Reign of Edward the First the whole Set of Judges punished and fined for their Corruptions 116 In the Reign of Edward the Second an Ordinance to prevent
and Roial Court of Parlement and by Aucthorite of the same Resp The Kyng by the Advyse and assent of the Lords Spirituelx and Temporelx in this present Parlement assembled and by the Aucthoritie of the same agreeth to this Petition and Resumption and the same accepteth and establisheth Alweys forseyn that all exceptions moderations forprises and provisions by hym graunted ordeined and admitted and putte in Wryting in this same Parlement upon the premisses be and stand good and availlable in Lawe after the Fourme and effecte of the contynue of the same exceptions Moderations and Provisions And that all Lettres Patentes of the Kyng made to oney Persone or Persones named in oney of the same Exceptions moderations forprises and provisions be good and effectuel after the Fourme and continue of the same Lettres Patentes by whatsomever name oney such persone or persones be named in oney such Lettres Patentes the said Act and Petition of Resumption or oney thing conteined therein notwithstanding Provided alway that it extend not to oney Possessions or other thyng made or graunted by the Kyng to oney persone or persones in Caleis or in the Marches thereof or in the Lond of Irlond These that followen been the Exceptions Moderations forprises and provisions by the Kyng graunted ordeined and admitted and in this same Parlement upon the Premisses put in wryting First Saving for Merton-College 2 For Leon Lord Wells inasmuch as he had a Pension justly due to him 3 For the Dower of the Dutchess of Warr. 4 For Lands exchang'd with John Fray 5 For the College of Leicester 6 For the Expences granted by Patent to Richard Duke of York in the Lieutenancy of Ireland 7 For Restitutions of Temporalities c. to Arch-Bishops Bishops c. 8 For the Priory of Henton 9 For John Stourton Treasurer of the Houshold for 5000 l. to be expended in his Office 10 For the Prior of St John's for 15 s. per Annum 11 For the Friars of Kings Melcombe upon a valuable Consideration 12 For Lands taken in Farm of the King and improv'd 13 For Jervais le Unlre's Pension of 24 l. per Annum as the King's French Secretary 14 For Lands given to the Abbot and Church of Westminster out of which they were to distribute Alms. 15 For the Duke of Somerset's Lands bought of the King for valuable Considerations by Henry Cardinal and sold by the Cardinal to the Duke 16 For the Chief Justice 17 For Oriel-College 18 For All-Souls College 19 For the Abbot and Covent of Selby their Release of Dismes 20 For Thomas Derling Serjeant of Arms his Cloathing and accustom'd Wages 21 For John Waterford the same 22 For John Bury's Pension of 12 p. per diem c. 23 For the Priory of Brydlyngton Endow'd by the King in especial Devotion 24 For a small parcel of Land given to the Charter House of Sheen Founded by the King his Father 25 For Lands only restor'd to the College of Knollesmes-House in Pontfract 26 For John Earl of Shrewsbury as to 100 l. Annual Pension for Life and Lands in Waterford till then yeilding nothing being in the Hands of Rebels the said Earl having had no other Recompence for his long Services 27 For the Lord Scales Pension of 100 l. per Annum for his long Services in France and Duchie of Normandy 28 For William Stone 's Pension of 26 l. 13 s. 4. granted him last Parliament at the Request of both Houses for great Services as well to the King as to his Father 29 For Richard Welsden's Pension of 10 l. 6 s. per Annum for Life out of the Fee-farm Rent of New-biggyng which Fee-farm had been usually distributed among the King's Servants from King Edward III's time 30 For the City of Canterbury's Charter in relation to their Officers only 31 For Charters of Denization 32 For Sir John Astley's Pension of 100 Marks for Life 33 For Houses granted to the Dean and Church of St. Steven Westminster 34 For Will. Rouse one of the Clerks of the Crown as to his Patent for his Office and as to 20 l. per Annum out of the Hamper for Execution of his said Office 35 For the Collegiate Church of Leicester as to their Ton of Wine 36 For Will. Crawen and others their Patent who were erected into a Fraternity 37 For the Heirs of the Lord Bardolph on accompt of Lands restor'd to them by good advice 38 For the Vicounts Beamont and Bougchier both as to the Patents for their Honours and Creation-Money 39 For the Dean and Chapter of Lichfield concerning their Patent for certain Liberties and Priveleges 40 The same for the Town of Estratford 41 The same for the City of York 42 For the Abbot of Byland about a small Fee-farm Rent 43 For John Vicount Beamount Ralph Lord Cromwel and others in relation to Lands granted to them the Value not express'd in the Proviso 44 The same for John Fanceby value not express'd 45 The same for John Hampton but 40 l. per Annum resum'd from him 46 For Ralph Bapthorp Esquire of the Body for Lands given or sold to him 47 The same for John Norreis only there is resum'd from him 50 Marks per Annum Pension and 6 l. 13 s. out of Merston Messey 48 For Phil. Wentworth Esquire of the Body 49 The same for Thomas Danyel but the Manuor of Gedyngton of 26 l. 6 s. Yearly Value is resum'd from him 50 The same for Will. Tresham only 20 per Anuum is resum'd from him 51 The same for Thomas Myner and others the King 's menial Servants only 20 out of 40 l. per Annum is resum'd from Jenk yne Stanley 52 For the Earl of Arundel for Lands granted to him the value not express'd 53 The same for Richard Earl of Warwick 54 For Richard Earl of Salisbury but a Fee-farm taken from him of 24 l. per Ann. and some certain Privileges very extraordinary are taken from him and others in Richmondshire reserv'd to him 55 A Saving for the Lord Dudley as to some Patentes but other things are resum'd 56 For certain Privâ—leges granted to Sir John Boteller 57 For Sir Thomas Haryngton on accompt of Lands granted to him for good Services specified in the Provisoe 58 For Sir Richard Wyddewil Lord Rivers and others on accompt of Lands granted or confirm'd to them 59 For Sir John Talbot and others on accompt of 20 l. per Annum Pension to be paid to them or the survivor of them 60 For the Lord Clifford for Lands granted to him 61 The sâ—me for Henry Everingham so as his Grant exceed not the value of 12 Marks per Annum 62 For Rich. Hakedy the King's Apothecary as to 40 Marks Yearly granted for his Life 63 For Robert Fenys and Thomas Bermingham for Grants made to them but form Robert there is resum'd 20 l. Feefarm Rent 64 For Rob. Manfeld and his Son for Lands Granted or Confirm'd 65 The same for Will. Say and Thomas Shargyl the Kings
Alienations of the Crown-Revenue And a Resumption made The Records for this 117 Great Profusion and Misgovernment in the Reign of King Richard the Second The Rapine of the Ministers of those Times occasioned Acts of Resumption several Records produc'd to this Purpose from 119 to 127 In the Reign of Henry the Fourth the Commons pray that a Resumption may be made The Record 127 In the Fifth of this Reign the Commons pray that the King will take Care for the Repair of his Castles in particular Windsor Castle and of the Maintenance of his Parks And complain that the Lands assign'd for the Repair of Windsor Castle are granted away praying they may be resumed The King's Answer The Record for this 128 Lands and Mannors annexed to Windsor Castle 31 Henry 8th 131 The same Year of Henry 4th the Commons pray that Lands alienated from the Duchy of Cornwall may be resum'd The King's Answer The Record 132 In the 6th Year of the same Reign the Commons again pray for a Resumption The King's Answer The Record 133 What â—ort of a Resumption was then made and the Reasons for it The Record 140 In the Seventh and Eighth of this Reign the Commons pray that the Lands to be conquer'd in Wales may not be granted away the first Quarter of a Year The Record 143 In the same Year the Commons pray that certain Foreigners by Name may be banished which is granted and the King orders an Accompt to be deliver'd in Chancery of what Grants they had obtain'd The Record 144 In the 11th of this Reign the Commons pray that no Alienation of the Crown-Revenue may be made to which the King assents The Record 145 What sort of Resumption was made in the Reign of Henry the Fifth The Record 148 A Resumption made 28 Hen. 6. The Record 149 to 158 The Exceptions or Savings inserted by the King in this Resumption 159 to 178 Another Resumption the 29th of this Reign 181 Another Resumption the 33th of the same Reign 193 A Resumption the 1st of Edward 4th The Record 208 Another Resumption 3d and 4th of the same Reign 210 In the 7th Edward 4th The King invites his People from the Throne to make an Act of Resumption 214 A Resumption 7th Edward the 4th The Record 216 The King by the Mouth of the Chancellor thanks the House of Commons for this Resumption 221 222 In the 13th of the same Reign there pass'd another Act of Resumption 222 The Method which was taken in this Reign to pay the King's Debts See the Record 225 In the 1st of Henry 7th there was one General Act and afterwards other particular Acts of Resumption 232 What Sort of Resumption was made Ann. 6. Hen. 8 238 The Author has himself examin'd at the Tower the French Records cited in this Book 243 All the Resumptions recapitulated 244 245 Several Observations upon these Acts of Resumption 245 to 248 The Effects these Acts of Resumptions produced 249 In what Posture the Crown-Revenue stood 28 29 Hen. 6. ibid. How it stood in the Reign of Hen. 7. what Taxes he had and what an immense Sum he left behind him 249 250 The Acts of Resumption principally put the Crown-Revenue into the State Hen. 7. left it at his Death 250 The State of the Revenue Anno 12. Eliz. 252 The Reason why no Resumption could be proper during her Time ibid. Resumptions talk'd on in the Reign of King James the First ibid. What Steps were made towards a Resumption in the Beginning of King Charles the Second's Reign 253 254 State of the Revenue at King Charles's Restauration 255 Sir John Fortescue's Opinion concerning Resumptions out of a Manuscript in the Bodleian Library 257 to 262 When the Debtors or Accomptants to the King have been unreasonably discharg'd Privy-Seals have been revoked The Record 263 SECT IV. That several Ministers of State have been Impeach'd in Parliament for presuming to procure to themselves Grants of the Crown-Revenue WHat sort of Power our King 's anciently had to alienate the Crown-Revenue 274 The Opinion of some Authors upon this Subject 275 Observations upon the Scaccarium and Hanneperium ibid In Alienations the King trusted as Head of the Common-wealth 278 The Danger if Alienations might not be inquir'd into 279 'T is manifest the Legislature has a Power to inquire into Grants ibid. Resumptions an extraordinary Exercise of the Legislative Authority 280 What Provision the Wisdom of the Law has made that there may not be occasion for 'em ibid. If this does not do by calling corrupt Ministers to an Accompt 281 The Care Hen. 4. took in the Revenue and the good Laws thereunto relating ibid. The Effect it had 283 The Care our Ancestors had long before taken in this Matter 284 1st By regulating the Expences of the King's Court ibid. 2dly By desiring the King to employ wise and able Men 285 3dly By procuring the Banishment of Strangers who were become a Burthen upon the Court ibid. 4thly By appointing Commissioners to inspect the publick Accompts The Record 287 5thly By enquiring into the Management of particular Branches 290 The Provisions which our Constitution has establish'd that the King may not be deceiv'd 291 The Progress Grants ought to make 292 First in the Treasury The Treasurer of the Exchequer or Lord-Treasurer's Duty and Oath ibid. From thence the Grant goes to the Attorney-General His Duty 204 From thence to the Secretary of State His Duty 295 From the Signet it should go to the Lord Privy-Seal His Duty and Oath 296 From the Privy-Seal it goes to the Lord Chancellor His Duty and Oath 297 All this inforced by a positive Law 27 Hen. 8. 298 The Force of the Laws enervated by Clauses of Ex certa Scientia Graetia Speciali Mero Motu and by Clauses of Non Obstante 301 Matthew Paris his Opinion of these Clauses of Non Obstante 302 Of the Destinction the Lawyers make between Directive and Coercive 305 When Ministers have broke through the Laws in this Matter of Grants our Ancestors have proceeded by Impeachments 307 Ranulphus Bishop of Durham accus'd for Male-Administration His Character 308 Pieres Gaverton impeach'd for procuring Grants The Record 309 Henry de Beaumont accus'd expell'd the Council and banish'd by Parliament from the King's Presence upon the same Accompt 313 The Lady Vescie accus'd and banish'd the Court in the same Manner and upon the same Accompt 314 Procuring Grants one of the principal Heads of Accusation against Hugh Spencer Earl of Glocester 315 In the 4 Edw. 3. Articles were exhibited in Parliament against Roger Mortimer Earl of March for having procured to himself Grants of the Crown-Revenue The Record 316 In the 10 Rich. 2. Michael de la Pool was impeach'd for that being Chancellor and sworn to the Kiug's Profit he had procured to himself Grants of the Crown-Revenue The Judgment against him The Records 317 to 323 In the 11 Rich. 2. the said Michael de la Pool was
again accus'd Articles exhibited against him for procuring Grants of the Crown-Revenues The Judgmeut The Record 324 Symon de Beurle Lord Chamberlain impeach'd by the Commons among other Crimes for having perswaded the King to make Grants of the Crown-Revenue to Foreigners The Record 333 The First Article against Richard the Second when he was Abdicated That he had given the Possessions of the Crown to Persons unworthy 338 William de la Pool Duke of Suffolk impeach'd by the Commons 28 Hen. 6. for having procur'd to himself and those of his Alliance and Party Grants of the Crown-Revenue from 340 to 352 The Judgment against him 353 An Act of Resumption could not be obtain'd till the corrupt Minister was impeach'd and banish'd 356 Articles against the Duke of Buckingham 385 to 364 Character of the Duke of Buckingham 365 How Favourites since have differ'd from him 366 An Article against the Earl os Strafford ibid. An Article against the Lord Chancellor Clarendon 367 Articles against the Earl of Arlington 368 369 Articles against the Earl of Danby Lord Treasurer of England 370 371 How a Statesman is to behave himself when he finds his Prince in danger of being hurt by his Liberalities 373 A Minister who cannot prevent the doing of irregular Things ought to quit his Employment what Simon Normannus did upon the like Occasion 374 A faithful Minister ought to be contented with moderate Rewards 378 Why Attaindures have been repeal'd in England 380 Other Countries as well as England have resum'd the Crown-Revenues The Authorities for it cited by Grotius 380 381 Male-Administration in the publick Revenues punish'd in other Countries 381 The Crimen Peculatus ibid. In France several have been capitally punish'd for Frauds committed in the King's Revenue 382 Girard de Possi made a Restitution of his own accord ibid Engherand le Portier punish'd capitally for Frauds committed in the Revenue 383 Peter de Remy Sieur de Montigny pnnish'd in the same Manner 384 John de Montaigu capitally punish'd for the same Crime Mezeray's Character and Description of this Man 384 385 SECT V. That the Forfeited Estates in Ireland ought to be applied towards Payment of the Publick Debts AN Accompt of the Deficiencies 387 388 The Nation engaged in Honour to make 'em good 389 Fonds very difficult to find ibid. The usual Ways and Means of raising Money considered 390 Remote Fonds dangerous to Liberty 391 Of Exchequer Bills ibid. Whither a Resumption of the late Grants especially the forfeited Estates in Ireland may not save England the Land-Tax 393 Three Points therein to be consider'd 1st How far it may be consistant with the Honour of a Prince to promote an Act of Resumption 394 The most Magnanimous of our Kings the most free in doing good to the People Examples of it 394 395 Henry the 4th desired his Privy-Council might be nam'd and appointed in Parliament The Record 395 Good Kings frugal of the Nations Treasure Examples of it 397 Galant Princes desire to make their People easie instanc'd in Henry the 4th of France ibid. Clamorous Debts dishonourable to a Prince 401 How many great and warlike Kings in England have resum'd 402 2dly What Interest the People of England have in the Lands granted away 403 How far a Prince can alienate c. The Opinion of several eminent Civilians in the Case 403 404 What a Prince conquers at his private Expence is at his own Disposal 407 But 't is otherwise if the Expedition be made at the common Expence of his People 409 An Accompt of the Expences for the Reduction of Ireland 410 411 The Four Millions expended in this War give the People of England a Title to the Irish Forfeitures 411 Whether this Title be lost or laps'd for want of putting in a Claim 416 Proceedings in Parliament in relation to the Irish Forfeitures 417 to 427 3dly How far in an Act of Resumption it is just and reasonable to look backwards 428 How the Presidents run 428 to 430 The generality of the Presidents reach only to the present or the Reign immediately preceding 431 Whether by the Rules of Justice the Grants made by King Charles the Second may be resumed 440 441 The Difference stated between his Grants and these lately made 442 to 444 Conclusion 446 ADVERTISEMENT THis BOOK having been Printed off in haste some Litteral Errors may probably have escaped Correction which the Reader is desir'd to amend with his Pen. BOOKS Printed for and sold by J. Knapton at the Crown in St. Paul's Church-yard DIscourses on the Publick Revenues and on the Trade of England In Two Parts viz. I. Of the Use of Political Arithmetick in all Considerations about the Revenues and Trade II. On Credit and the Means and Methods by which it may be restored III. On the Management of the King's Revenues IV. Whether to Farm the Revenues may not in this Juncture be most for the Publick Service V. On the Publick Debts and Engagements By the Author of The Essay on Ways and Means Part 1. To which is added A Discourse upon Improving the Revenue of the State of Athens Discourses on the Publick Revenues and on the Trade of England which more immediately treat of the Foreign Traffick of this Kingdom viz. I. That the Foreign Trade is beneficial to England II. On the Protection and Care of Trade III. On the Plantation Trade IV. On the East-India Trade By the Author of The Essay on Ways and Means Part II. To which is added the late Essay on the East-India Trade By the same Hand An Essay upon the probable Methods of Making a People Gainers in the Ballance of Trade Treating of these Heads viz. Of the People of England or the Land of England and in what Manner the Ballance of Trade may be thereby affected That a Country cannot increase in Wealth and Power but by private Men doing their Duty to the Publick and but by a steady Course of Henesty and Wisdom in such as are trusted with the Administration of Affairs By the Author of The Essay on Ways and Means Dampier's Voyages In 2 Vol. 80 Wafer's Descriptions of the Isthmns of Darien In Octavo Hacke's Collection of Voyages In Octavo Clark's Essay In Octavo Reflection on Amintor Wingate's Arithmetick The Memoirs of Monsieur Pontis who served in the French Armies 56 Years Translated by Ch. Cotton Esq Fol. Malbranch's Treatise of Morality In Octavo A DISCOURSE UPON GRANTS SECT I. INTRODUCTION ALL Governments well and wisely constituted as soon as they began to form themselves into a Politick Existence have separated from Private Use a certain Proportion of their Wealth and assign'd it to the Uses of the Publick And this has not only been thought a point of Wisdom by Particular Nations but Confederated Cities and States have done the same for the Grecians had a Common Treasury kept in the Temple of Apollo Delphicus ready at all times to supply such Affairs as they manag'd with united Councils 'T is so necessary
sur peine de forfaire le double devers nostre Seigneur le Roy repelle de mesme la chose issint demandez etre reint Imprisonnes a la volonte du Roy. Purvus toutes voys qe si ascun home eit terres tenements ou Possessions du Grant notre Seigneur le Roy ou dascuns de ses Progeniturs queux furent parcelles de la Corone qe per bon trette enter le Conseil du Roy les possesseurs des tieux Terres Tenements mesmes les Terres Tenements Possessions poient estre rejoints a la dite Corone a Profit du Roy grantants autres Terres Tenements ou Possessions de les Forfaitures avant ditz en eschange pur les Terres Tenements Possessions de la Corone susdite sy les Seigneurs ou autres qi ont Terres ou Tenements de la Corone come dessus ne voellent volontairement a ce assentir ne accorder qils eint enjoient lours terres tenements de la Corone avant ditz come ils ont eu a devant qe les Grants Officiers du Royalme par avis des Seigneurs du Conseil eient Poer de vendre parcelles deles dites Forfetures per leur bone discretion qe le Grant sur tiel vendue soit ferme estable Resp Le Roy le voet forpris d' Offices Baillis ce qil a donne en cest present Parlement issint qendroit de forfeitures adjuges en cest Parlement si ascun pretend davoir droit ou Interest en Icelles sue au Conseil sil luy semble affaire droit luy sera fait The Misgovernment of this Prince not only in his Revenues but in all the Duties of his high Office with his Profusion and Partiality to his Favourites made way for a very great Revolution and drew on so much hatred of the People as at last all his Subjects withdrew their Allegiance from him and chose another King Henry the IV. his Cousin German Anno 1. Hen. IV. The Commons Pray That the Lands parcel of the Crown-Revenue granted away by Edward III. and Richard II. may be resum'd * Rot. Par. 1 Hen. IV. Nâ— 100. Item touchant Terres Tenements Rents ou autres Possessions queconques qe furent parcelle de la Corone ou des Seignouries de la Corone en temps Seigneur Edward le tierce Roy Dengleterre ou en temps Richard darrein Roy Dengleterre nient donez per assent du Parlement ne en eschange pour autres Terres ore demurantz a la Corone qe toutz y ceux soint rejoints arere a la Corone purveu toutefoitz que si ascun Seigneur de lestate Chivaler ou Esquire pur son travaille duement deservy eit pur terme de sa vie nient autrement qil ne soit rebote dicelx devant qil soit autrement guerdonez semblablements seit feat dela Principalte de Galles de Cornwailee de Cestre reservez tout foits as Citeins Burgeys parmy tout le Royalme lour Libertees Franchises a lour Heirs Successors Resp Le Roy sadviesera par bone advys Discretion ent fera due remedie Anno 5. Hen. IV. The Commons Pray That the King would provide for the Repairing of his Castles and Houses and namely for his Castle at Windsor which was greatly in decay and not to Grant away the Profits of those Castles and Houses and notwithstanding to stand to the Repair of the same without which he could not but run to the great Charging of the Commons * Rot. Par. 5 Hen. 4. N â— 10. Et auxint les dicts Communes monstrerent coment les Chastellx autres Manoirs du Roy sont molt ruineuses embusoignant de grand Repris Reperation coment les Prosits dicelles sont donez as diverses Persones le Roy supporte les Charges come per especial le Chastel de Windesore a qel feust assignee certain Commoditie pur la Reparation dicelle ore mesme la Commoditie est donne as certaines Persones le Roy supporte les Charges auxint es autres places les Gentz preignent les Profits de Herbage del vert deins diverses ses Parkes Bois le Roy supporte les Charges de le enclosure dicell pur cestes importunes charges plusieurs autres pur les plusieurs douns des Chastellx Terres Seignouries des Annuites faits donez nient duement ne descreteinment par especial pur les Grandes Charges Depenses de le Hostel du Roy pur amendement des tielx meschiefs faire pur ouster tielx inconveniences en apres en supportation del Commune People les Communes prierent au Roy moelt entierment cordialement qe considerez les Perils imminentes de toutz parts per ses Ennemys Rebelx comes yont novelx de jour en autre coment le cas est tiel qe si tielx meschiefs ne soient Graceousement remediez refourmez en cest Parlement y purroit estre qe sur soudeins novelx de arrival des enemys ou per autre voix mesme cest Parlement de necessite seroit de tout depurtiz dissolvez jamais les Seignours ni les Communes se re-assembleroient pur remedee ne redresse faire sur les meschiefs susdits autres qe Dieux deffende It appears by the Purport of this Petition That there were certain Lands and Rents set aside or assign'd for the Repair of Windsor-Castle that ancient Seat of our Kings and Sacred to the Honours and Ceremonies of the Garter and therefore particularly provided for with a Revenue by the Wisdom of our Fore-fathers yet it seems these Lands so annex'd to Windsor were at that time Granted away to some great Man oâ— craving Courtier But this the House oâ— Commons did not then think reasonable And the Remonstrance thereupon made was kindly taken by the King For he answer'd the Petition in Person * Resp from the Throne Et sur ceo mesme nostre Seignour le Roy moelt graciousement de son bouche propre en plein Parlement chargea commenda si bien tous les ditz Seignours come les diâ—z Communes qils faiorient lour diligence luy montreroient lours bons seins conseilx celle partie pur aide de luy de tout son Roilame Et puis apres les dits Communes en mesme le Parlement firent reqeste as ditz Seignours qe come le Roy lour avoit donne tiel Charge mandement ceo en si haute Court de Record qils fairoient lour diligence bien loyalment sans curtosie faire entre eux en ascune manere come ils voloient respondere devant lue Dieux tout puissant devant nostre dit Seignour le Roy a tout le Roialme en temps avenir qe de sur ceo mesme les Communes ent fairoient semblablement
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
eny of theym or eny parcell of theym be from the seid Fest void and of noo force nor effecte And that this Act extende not to eny Honours Castells Lordshipps Manours Londes Tenementes Rentes Services Possessions or Enheritaments which came to the Hands or Possession of our seid Soveraine Lord Kyng Edward the 4 th or apperteyned or belonged to hym or that he shuld have had the seid 4th day of Marche or eny tyme after by the forfeiture of eny Persone in the Parlement hold at Weâ—â—minster the 4th day of November the seid first Yere attainted or by force of an Act of Forfeiture therin made other than by the Forfeiture of Margarete late called Queen of Englond And also that this Act extend not to any Graunte or Grauntes afore this tyme made to eny Lord not attainted of eny Annuite for the Sustentation of his Name and Estate nor to noon Office or Offices which were Office or Offices the seid 4th day of Marche or afore and needeth actuel Exercise graunted the seid 4th day of Marche or after to eny Persone or Persones for terme of his Lyfe or they re Lyfes with Fees Wages and Profites to the same Office or Offices afore the seid 4th day of Marche due and accustumed And also that all Yefts made by the Kyng the seid 4th day of Marche or eny tyme after under eny of his Seales to eny Persone or Persones of eny Office wheruppon noo charge hangeth nor nedeth to be of actuel Exercise or Occupation be from the seid Fest voide and of noo force nor effecte Also that all Grauntes made by the Kyng the seid 4th day of Marche or eny tyme after to eny Persone or Persones of eny Office or Offices with Fees and Wages then not due and accustumed nor apperteynyng to the same Office or Offices the seid 4th day of Marche be from the seid Fest as to the seid Fees and Wages not due and accustomed void and of noo force and effecte This Acte to be had and take with such Exceptions and Provisions as shall please the Kyng to make Then follow Three Savings made by the House of Commons 1 st For Sums issued to the Payment of the King 's own Debts 2. For Corporations Cities and Boroughs c. as to any Gift Grant Demise Lease Release Jurisdiction Authority Confirmation Ratification Licence Pardon c. granted by the Kings Henry the 4 th 5 th and 6 th 3. For Grants or Licenses given by the said Kings to any Person to found or make Fraternities Gyldes Hospitals c. or to purchase Lands for those Uses Then follow a prodigious Number 〈◊〉 Savings and Exceptions and so many as indeed seem intirely to defeat thâ— Design and Intention of the Act which in the 7th of the same Reign produc'd another Resumption This Heroick Prince who himselâ— had fought so many Battles and whâ— by his Courage from a private Person got to be King of England invites hiâ— People from the Throne to resume whaâ— had been plunder'd from the Crown iâ— the Words following 7 Edw. 4. Rot. Parl. N. 7. John Say and ye Sirs comyn to this my Court of Parlement for the Comon of this my Lond The Cause why Y have called and summoned this my present Parlement is Y purpose to to lyve upon my nowne and not to charge my Subgetts but in grete and urgent Causes concerning more tho we le of theymself and also the defence of theym and of this my Reame rather then my nowne pleaser as heretofore by Comons of this Lond hath been doon and born unto my Progenitours in tyme of nede wherein Y trust that ye Sirs and all the Comons of this my Lond wol be as tender and kind unto me in such Cases as heretofore eney Comons have been to eney of my seid Progenitours And for the good Wills kindnesse and true herts that ye have born continued and showed unto me at all tymes heretofore Y thank ye as hertily as Y can as so Y trust ye wol contenue in tyme comyng for the which by the Grace of God Y shall be to you as good and gracious Kyng and reigne as reight wisely upon you as ever did eney of my Progenitours upon Comons of this my Reame in days paste and shall also in tyme of nede aply my Person for the We le and defence of you and of this Reame not sparyng my Body nor Lyfe for eny jeopardie that mought happen to the same Ibid. N. 8. Memorandum Quod quedam Cedula formam cujusdem Actus Resumptionis in sâ— continentis exhibita fuit in presenti Parliâ—mento in haec Verba For divers Causes and Considerations concerning the Honour State and Prosperite of the Kyng and also of the Commonwele defence surete and welfare of this Reame and his Subgettes of the same it is ordeyned enacted and established by thadvyse and Assent of the Lords Spirituells and Temporells and Comons in this present Parlement assembled and by Auctorite of the same That the Kyng from the Fest of Ester last past have take seize hold and joy all Honours Castells Lordshipps Townes Towneshipps Manors Londes Tenementes Wastes Forestes Chaces Rentes Annuities Fermes Fee-fermes Reversions Services Issues Profites Commoditees which he was seised and possessed of the 4th day of Marche the first Yere of his Reigne or eny tyme after by resone of the Coroune of Englond the Duchie of Cornwaille Principalite of Wales and Erldom of Chestre or eny of theym in Englond Irlond Wales and Marches thereof or that apperteyned or belonged to hym the same fowerth day or eny tyme sin as paroell of his Duchie of Lancastre or by the forfaiture of Henry the Sixt late in dede and not in Right Kyng of Englond or eny Person atteynted sin the seid 4th day of Marche by auctorite of eny Parlement holden sin the seid 4th day or otherwyse attaynted by the course of the Comon Lawe of this Lond and passed from the Kyng under eny of his Seales to eny Persone or Persones in Fee-simple or Fee-taille terme of Lyfe or terme of Yeres and that the Kyng fro the seid Fest of Ester have hold and joye every of the Premisses in lyke estate as he had theym the seid fowrthe day of Marche or eny tyme after Also that all Yeftes Grauntes Ratifications Releses Leses Demyses and Confirmations made by the Kyng the seyd 4th day of Marche or eny tyme sin to eny Persone or Persones of eny of the Premisses in Fee-simple or Fee-taille terme of Lyfe or terme of Yeres under eny of his Seales be from the seid Fest of Ester void and of noo force nor effecte And furthermore it is ordeyned by the seid Advyse Assent and Auctorite That the Kyng from the seid Fest of Ester have take seise hold and joy all Honours Castells Lordshipps Townes Towneshipps Manours Londes Tenâ—mentes Rentes Services Possessions Enheritaments Issues profites and Comoditees which the full noble and famous Prynce Richard veray true and
seem tedious but curious Persons may perhaps receive Satisfaction to see the Sence of their Fore-fathers upon this Point And we take it that the Wisdom and Gravity with which these Acts are penn'd and the Exactness and Care which the House of Commons from time to time show'd in this whole Transaction will prove no unpleasant peice of History He has done impartially and taken notice of what may make against as well as for his present Argument that the Reader may have the whole before him And in this Transcript he has follow'd the best Copies of Records he could procure such as have been sign'd and examin'd at the Tower in which he believes there is no material Error and that they are according to the Original Records except in Orthography or spelling Words wherein all Transcribers of Records mistake and differ with one another But as to the French Records both in this and the following Section the Author has examin'd them all at the Tower by the Rolls As to what was done upon Resumptions before the Reign of Edward the Second he has therein follow'd the best Ancient Writers of our English History whose Authority may be rely'd upon because most of such as he has cited wrote of Things done near or in their own Times But for their Ease who do not care to read much and to help the Memory of others he will recapitulate in a few Words the several Resumptions afterwards he will make some few Observations upon the Whole and examine what Effect these Acts of Resumption produc'd as to enlarging the Crown-Revenue and then conclude this long Section 1 st A Resumption was made by William Rufus 2 dly A Resumption by Henry the First 3 dly A Resumption agreed to by King Stephen 4 thly A Resumption actually made by Henry the Second 5 thly A Resumption by Richard the First 6 thly A Resumption by Edward the Second 7 thly Resumptions made by Richard the Second 8 thly Resumptions made by Henry the Fourth particularly of the Lands belonging to Windsor-Castle 9 thly Three Resumptions made in the Reign of Henry the Sixth 10 thly Four Resumptions made in the Reign of Edward the Fourth 11 thly One general Act and other particular Acts of Resumption in the Reign of Henry the Seventh 12 thly An Act of Resumption of â—ivers Offices Annuities and other Things in the Reign of Henry the Eighth Upon the whole Matter these Observations may be made 1 st From the forecited Records it appears that the People of England have in no Age thought it reasonable that the Crown-Revenue should be alienated 2 dly That not only under the Reigns of weak and unfortunate Princes but when there has been upon the Throne martial and active Kings this Nation has all along insisted upon Resumptions 3 dly It appears from the said Records that very few of the said Resumptions did look farther backward than the Reign of the present Prince 4 thly That the People have been most provoked when the Crown-Lands have been given away to Foreigners 5 thly That the House of Commons in their Bills of Resumption made very few Savings as to the Interests of Private Men. 6 thly That it appears from the said Records that very small Things were look'd into and that in the Three Râ—sumptions made by Henry the Sixth it does not appear there were Savings for any large Grant 7 thly That in some of their Bills the House of Commons insisted upon Penalties to be inflicted upon such as should procure Grants of the Crown-Revenue 8 thly That by the Profusion of some Princes the Crown-Revenue was reduc'd from Fifty Six Thousand Nine Hundred Sixty Six Pounds to Five Thousand Pounds per Annum 9 thly That Edward the Fourth invited his Parliament in his Speech from the Throne Anno 7. to make an Act of Resumption 10 thly That in the many Acts made to this Purpose every following Act was penn'd with stricter Clauses and to reach more than the former did 11 thly That the Act made the 28 H. 6. provides that the Lands so resumed should be for the Expences of the King's Houshold 12 thly That some of these Resumptions as that of 3 and 4 of Edw. 4. extended not only to the Crown-Revenue but also to what was the King's own Patrimonially namely to his Dutchy of York and Earldom of March. And that Anno 7 all was resumed which belong'd to Richard Duke of York the King's Father the 30 th of December Anno 39. Hen. 6. The â—ame 13 Edw. 4. 13 thly That in these Acts of Resumption the Sallaries and Wages are taken away of all superfluous Offices which requir'd no Attendance and Execution and which were newly erected 14 thly That some of these Acts establish that the Lands so resumed should continue in the Crown 15 thly That it will appear to any who will look into the volumenous Savings and Exceptions which were brought in by the King to the said Acts that many of the Grants in those Ages made for Lands or Pensions were only for Term of Life or Term of Years and to return to the Crown 16 thly That in many of the Savings as to the Interest of private Men where there is something left there is something resumed 17 thly That most of these Acts not only resume the Crown-Lands but revoke all unnecessary Pensions 18 thly That the 33 Henry 6. resumes the Land pass'd away from the Crown even by Authority of Parliament 19 thly That in all these Acts except 28 Henry 6. the Lands in Ireland are comprehended 20 thly As every subsequent Act was more strictly penn'd than that which went before so the Exceptions and Savings brought in by Edward the Fourth Henry the Sixth were at last few and frugal became every Time more moderate than the other so that in the End both Prince and Parliament agreed that a Resumption was necessary and would be greatly beneficial to the Kingdom But now as to the Effects which these Acts of Resumption produc'd it appears manifestly that they were put in Execution and that the Savings and Exceptions were not such as to defeat the Designs of the Parliament which some People pretend to suggest and 't is likewise evident that the Crown-Revenue was thereby very much increased For the Records plainly show that the whole Income of the Crowne Annis 28 and 29. Hen. 6. was reduc'd to Five Thousand Pounds per Annum Edward the Fourth who succeeded was an expensive Prince Richard the Third his Brother a frugal Man indeed but his Reign was too short to make any great Improvements in his Revenue and yet we find Henry the Seventh his Successor Master of more ready Money than ever any King of England was either before or since his Time This Prince had not many Aids from his People * Answer to the Reasons for Foreign Wars â— 51 Sir Robert Cotton enumerates them But one Aid upon Land viz. Anno 19. Out of their Goods and Lands
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-Abby-Lands which amounted to * Hist of the Reform Part 2. p. 268. 131607 l. 6 s. 4 d. per Ann. However he who considers the History of those Times and how much this Prince made himself the Arbiter of Europe will find his Money was not so unprofitably spent as is vulgarly imagin'd Besides †Ibid. p. 269. great Sums were laid out on building and fortifying many Ports in the Channel and other Parts of England which were rais'd by the Sale of Abby-Lands But notwithstanding the expensive Temper of this Prince he left his Successors very sufficient and substantial Landlords in England For we found in Sir Robert Cotton's Library in a * Cleopatra F. 6. Fol. 51. Book part of which is of that learned Antiquary's own Hand writing and to which King James the First has set his Name James R. which Book contains very many curious Things That the Revenue of the 12th of Elizabeth besides the Wards and Dutchy of Laâ—câ—ster amounted to 188197 l. 4 s. per Annum The Writer of these Papers does not remember to have met with any Thing relating to Resumptions in the Reign of Queen Elizabeth but the Reason why nothing of that Nature should be done in her Time is very obvious her Father had alienated from the Crown a great Part of the Abby-Lands or exchang'd 'em for other Lands as a Multitude of Acts pass'd to that Purpose in his Reign Witness And it was a strong Security to the Protestant Religion and Interest that those Estates should remain in the Hands and Possessions of private Persons A Resumption was thought on in the Reign of King James the First of which the forementioned Tracts of Sir Robert Cotton are a sufficient Evidence Besides in the †Annals of King Jam. p. 10. Annals of those Times 't is said to have been debated in Council But in the Reign of King Charles the Second a Resumption was again agitated for we find in the Journals of the House of Commons Martis 22 Die Maii 1660. A Bill for making void of Grants made since May 1642 of Titles of Honor Mannors Lands Tenements and Hereditaments pass'd under several great Seals by the late King Charles or the King's Majesty that now is or any other great Seal was this Day read the second Time and upon the Question committed c. And as a Mark that these Alienations of the Crown-Revenue were always distasteful to the People of England and to show that the House of Commons desir'd that a new Prince should betimes know the Nation 's Sence in this Matter we shall produce the following Resolves of that Parliament which restor'd King Charles Martis 4 Die Sept. 1660. Resolv'd That this House doth agree with the Committee That a Bill be brought in for Settling the Lands of the Crown so as that no Grant of the Inheritance shall be good in Law nor any Lease for more than Three Lives or One and Thirty Years where a Third Part of the true yearly Value is reserv'd for a Rent as it shall appear upon a Return of a Survey which that Act is to take Order for to be speedily had and taken and that Mr. Sollicitor General and Mr. Serjeant Glyn do prepare and bring in a Bill accordingly Resolv'd That this House doth agree with the Committee That the King's Majesty be humbly desir'd from this House to forbear to make any Leases of the Lands or other Grants of the Revenue of the Crown till the said last mention'd Act be pass'd And the Reason why these good Resolutions took no Effect is not at all difficult to discover 'T is to be fear'd that too many we mean without Doors in those corrupt Times not only were concern'd in the Grant already made but likewise did design as it prov'd afterwards to get for themselves what remain'd of the King's Lands And now for a full Answer to those who pretend Resumptions had never any Effect we shall produce a State of the Crown-Revenue as it lay before the House of Commons the same Year Martis die 4. Sept. 1660. ' Sir Heneage Finch reports from the Committee That according to the best Information the Committee could receive and by Estimate the Revenue amountted to 819398 l. per Annum viz.  l. By Customs 400000. By Composition for the Court of Wards 100000. The Revenue of Farms and Rents 263598. The Office of Postage 21500. The Proceed of Dean Forest 4000. The Imposition on the Sea-Coal exported 8000. Wine-Licenâ—e and other Additions 22300. Total 819398. From which Accompt it appears that notwithstanding the Profusion of Henry the Eighth and the irregular Bounty of K. James the 1st to his Scots the Land-Revenue of the Crown which Anno 28. Hen. 6. when the Parliament made the first formal and regular Resumption was reduc'd to 5000 l. per Annum came afterwards with the Forest of Dean to amount to 267598 l. per Annum Our Princes have seldom been known to purchase Lands The Abby-Lands could not make this
Grants shall be brought to the Principal Secretary or to one of the King's Clerks of his Grace's Signet for the time being to be at the said Office of the Signet pass'd accordingly And be it also ordained and enacted That one of the Clerks of the said Signet to whom any of the said Writings signed with the King 's most gracious Hand or the Hand of any other aforesaid or any of them fortune to be deliver'd may and shall by Warrant of the same Bills and every of them within the space of eight days next after he shall have receiv'd the same unless he have Knowledge by the said Secretary or otherwise of the King's Pleasure to the contrary make or cause to be made in the King's Name Letters of Warrant subscrib'd with the Hand of the same Clerk and sealed with the King's Signet to the Lord Keeper of the King 's Privy Seal for further Process to be had in that behalf And that one of the King's Clerks of the said Privy Seal upon due Examination had by the said Lord Keeper of the said Privy Seal of the said Warrant to him addressed from the Office of the said Signet as afore may and shall within the space of eight days next after he shall have receiv'd the same unless the Lord Keeper of the Privy Seal do give them Commandment to the contrary make or cause to be made by Warrant of the foresaid Warrant to the said Lord Keeper of the Privy Seal Address from the Office of the Signet aforesaid other Letters of like Warranty subscribed with the Name of the same Clerk of the Privy Seal to the Lord Chancellor of England Lord Keeper of the Great Seal Chancellor of the Dutchy of Lancaster Chancellor of the King's Land of Ireland Treasurer and Chamberlains of the Exchequer and Chamberlains of any of his Counties Palatines or Principality of Wales or other Officer and to every of them for the writing and ensealing with such Seals as remain in their Custody of Letters Patent or Closed or other Process making due and requisite to be had or made upon any the said Grants according to the Tenor of the Warrant to them or any of them directed from the Officer of the Privy Seal as is afore specified These Cautions show how carefully our Constitution has provided that nothing shall be done which may turn in Despendium Regis aut Regni But here some flattering Lawyers will affirm That these Methods are Directive not Coerceive Or as Hobart says †Hobart's Reports Colt and Glover P. 146. That these kind of Statutes were made to put Things in ordinary Form and to ease the Sovereign of of Labour but not to deprive him of Power according to this Maxim of the same Judge That * Lord Sheffeild ver Ratcliffe p. 335. Dare Prerogativam est nobile Officium Judicis Debitum And truly heretofore Westminster-hall did so order it that these Fences intended to keep the Publick Revenues from the Hands of Spoilers were all broken down and that all these Statutes were evaded For the Force of all these wholsome Laws was enervated by Clauses afterwards incerted into the Letters Patents viz. Ex certa Scienta mero motu Gratia speciali Ex certa Scientia was very antiently made use of but the words became more necessary afterwards to defeat the 1st of Henry IV. where 't is enacted †Rot. Parl. 1 Hen. 4. Num. 98. That the true and express Value of the thing to be granted shall be incerted in the Letters Patents otherwise the Grant to be void So that these words suppose the King to have certain knowledge in every Circumstance of the thing he is to give away which happens very rarely to be the Case But notwithstanding these words if certain Proof can be made that the King was misinform'd by false Suggestion no Lawyer will say the Grant is good Ex mero motu imports the Honor and Bounty of the King who Rewards the Patentee for Merit without his Suit These words suppose the King to be truly appris'd of the Person 's Merit and were brought in to obviate the 4th of Henry IV. whereby it was enacted * Rot. Parl. 4 Hen. 4. That no Lands should be given but to such as deserv'd them and if any made Demands without Desert that he should be punish'd And to the same purpose were added the words Ex Gratia speciali yet more to denote that the Gift proceeded meerly from the King's Favour and not at the Party's Sollicitation But besides all this because anciently it seem'd a Fundamental that the Crown-Lands were not alienable and because all along Parliaments had complain'd of these Alienations as looking upon 'em to be illegal the Lawyers of old Times endeavour'd to secure and cover all by a Clause of Non Obstante to be incerted in the Patents These Clauses of Non Obstante were not known in our original Constitution Mathew Paris says they grew rife in the Reign of Henry III. Anno Dom. 1250. * Mat. Paris p. 810. Sprsimque jam tales Literae in quibus inserta est haec detestabilis adjectio Non Obstante Priore Mandato vel haec Non Obstante Antiqua Libertate Suscitabantur Then he goes on Quod cum comperisset quidam vir discretus tunc Justitiarius scilicet Rogerus de Thurkeby ab alto ducens suspiria de praedictae adjectionis appositione dixit Heu heu hos ut quid dies expectavimus Ecce jam civilis Curia exemplo ecclesiasticae Coinquinatur a Sulphureo fonte intoxicatur But this Clause grew more necessary after the 11th of Henry IV. when it was plainly and directly enacted * Rot Parl. 11 Hen. 4. Num. 23. That all manner of Heriditaments which from thenceforward should fall into the Crown should not be alienated but remain to the King And this last Law being positive unrepeal'd as we know of and still in force as much as Magna Charta and the Doctrin of Non Obstantes seeming to be condemn'd by The Ast declaring the Rights and Liberties of the Subject in these Words That the pretended Power of Suspending of Laws or the Execution of Laws by Regal Authority without Consent of Parliament is Illegal That the pretended Power of dispensing with Laws or the Execution of Laws by Regal Authority as it hath been assum'd and exercis'd of late is Illegal There will arise a Question how far the Grants made since the passing this Act 1 Gul. Mar. are valid by the Laws as they stand at present For we may argue thus It was enacted 11 Hen. IV. That the Crown-Lands should not be granted away However the Practice was otherwise and the Grants were supported by Clauses of Non Obstante But these Non Obstantes or the dispensing with Laws in force being declar'd Illegal it should follow that the Grants of Crown-Land made for these last ten Years are void in Law and revokable at the King's Will and Pleasure
de vivre morir ovesqe lui encountre touts Gentz ceo par le Tresor qe il purchace de jour en jour enseignurant surlestate le Roy de la Corone en destruction du Roi du Peuple especialment enloignant le cuer le Seignour de ces liges Gentz en despisant lours Counseils nient soeffrant bons Ministers faire ley de Terre en ostant les bons Ministers mettant ceux de sa Covine ausi biens Aliens come autres qi a sa volunt a son commandment offendent droit et ley de Terre en parnant Terres Tenements et Baillies du Roi a lui et a ses Heires Et ad fait qe le Roi ad done Terres Tenements de sa Corone as divers Gentz a grand damage et decrese de l Estate le Roi et de sa Corone Et ceo ausi bien puis l ordeinement qe le Roi granta as Ordeinours de faire au profit de li et de son People come devant encountre l ordeinement des Ordeinours Et maintient Robbeours Homicides et les fait avoir le chartre le Roi de Peez en donant hardement a mesfeseurs de pis faire et menant le Roi en Terre de Guerre sauz commun assent de son Barnage en peril de son Corps et en destruction du Roialme Et en fesant sealer blanches Chartres desoutz le Grand Seal le Roi en deceit et desheritance du Roy et de sa Corone et encontre son Homage et felonesement fauxment et treterousment ad fait les choses susdites a grand dishonour et damage du Roi et desheritison de la Corone et a destruction du People in moults maners Et ovesqe ceo nous eantz regard a lez faits le tresnable Roi Pere le Roi qore est par qi Agard lavant dit Pieres forsjura le Roialme d Engleterre et voleit qe nostre Seignour le Roi son Fitz forjurast a touz jours la Campaigne de lui et qi puis par comun assent de tout le Roialme et du Roi et de lui mesmes les Prelatz Counts et Barouns autrefoitz estoit agardez de meisme le Roialme voider et voida et qe son retorner nestoit unqes par comun assent mes solement par assent des ascuns persons qi souz Condition si bien se portast apres son retourner a ce se assentirent Et ore certainement est troves son mal port pur qeuâ—port et pur Les grandes mauvaisetees Susdites et pur plusors autres qe purront aveiner a nostre Seignour le Roi et a son People et pur bon accord nurrer entre le Roi et ses Gentz et moltes maniers de discordes et perils eschuire Nous ordeinous par vertue de la Commission nostre Seignour le Roi a nous grantee qe Pieres de Gaveston come apiert Enemy le Roy et de son People soit de tout exiles auxi bien hors de Roialme d Engleterre d Escoce d Irland et de Galles come de â—oâ—e la Seignourie nostre Seignour le Roy auxi bien dela la mere come de cea a touz jourz sans james returner et qil voide le Roailme d Engleterre et totes les Terres susdites et tout outriment la Seignourie nostre Seignour le Roi entre ci et la Fest de toutz Seintz prochein avenir Et luy donons Port a Dover en la forme susdite et nuelle parte aillours a passer et a voider Et si le dit Pieres demoerge en le Roialme d Engleterre ou uuelle parte aillours en la Seignourie nostre Seignour le Roi outre la dit jour qe done luy est de voider et de passer come est susdite Adunqe soit fait de luy come del Enemy du Roi et du Roialme et de son People Et qe touz ceux qi desormes voant encontre cest ordeinement en droit du dit Exile ove le peine qe sensuit soit fait de eux solone ceo qe y appent si de ceo soint atteintz Pieres Gaveston at first was a Man only in the King's Pleasures but as weak Princes often remove Men from their Pleasures into their Business so Gaveston became presently a Minister of State For the Records show that he was Guardian and Lieutenant of the Kingdom in the King's Absence with very immoderate Powers and afterwards he was constituted * Pat. 1. Ed. 2. m. 3. Lieutenant of Ireland but the extravagant Honours and Favours conferr'd upon him and the Lands he got from the King drew as all our Historians witness the Indignation of the Parliament upon him †Walsing p. 99. Tho. Walsingham says that the Barons Librato utrobique Periculo inveniunt quod vivente Petro esse non poterit Pax in Regno nec Rex abundare Thesauro And so they never rested till he was banish'd the Kingdom * 5 Edw. 2. Rot. Parl. Nu. 22. In the same Parliament Henry de Beaumont was likewise accus'd for that to the damage and dishonour of the King he had receiv'd the Kingdom of Man which the Lords whom the King had consented should be of his standing Council thought fit should remain to the Crown And for that he had procur'd from the King to himself other Rents Lands Franchises and Offices And for that he had procur'd for others the Grants of Lands Rents Tenements Franchises and Offices And for that he had given evil Council to the King contrary to his Oath For all which the Judgment upon him was That he should be outed the King's Council for ever and not come near the King's Person unless he were summon'd to Parliament or call'd upon to attend the King in his Wars Or unless it were by common Assent of Archbishops Bishops Earls and Barons in full Parliament and that all his other Lands should be seiz'd into the King's Hands until the King should be satisfy'd the full value of what he had receiv'd from those Lands so granted to him by the King It seems likewise that in this Reign the Ladies were Begging and Intreaguing at Court For the Lady Vescey was * Rot. ibid. Nu. 23. accus'd for having prevail'd upon the King to give Sir Henry Beaumont her Brother and to others Lands Franchises and Offices to the Damage and Dishonour of the King for which she was order'd to repair to her own House without ever returning to Court to make stay there 'T is true as we have noted before the King got this whole Act repeal'd at the Parliament held at York 15 Edw. 2. but it was just after he had made a War upon his People and put to Death the * Tho. Walsing p. 116. Earl of Lancaster of the Blood Royal and Eleven or Twelve of the other Peers of
the forfeited Estates in England in their Majesties to be applied to the Use of the War and the same were read Sabbati 3. die Feb. 1693. A Bill for vesting the forfeited Estates in Ireland c. was read the second time Resolv'd That the Bill be Committed to a Committee of the whole House Martis 27. die Feb 1693. The House resolv'd it self into a Committee of the whole House to consider of the Bill for vesting the forfeited Estates in Ireland c. Mr. Boyle reported from the Committee that they had made some Progress c. and desired leave to sit again The House resolv'd it self into a Committee of the whole House to consider further of the said Bill Mr. Boyle reported from the Committee that they had made a farther Progress c and desired Leave to sit again This Sessions a Commitee was likewise appointed to receive Proposals concerning these Forfeitures Veneris 12. die Jan. 1693. Sr. Rowland Guin reports from the Commitee appointed to receive Proposals concerning the Forfeitures in Ireland and likewise for securing the Protestant Interest there The Proposals receiv'd by the Committee may be seen in the Journals of that Year from Fol. 314. to Fol. 324. December 3 1694. A Bill was presented to the House to vest the forfeited Estates in Ireland in their Majesties read And read again a second time 10 die Decem. 1694. Anno 1695. A Bill was presented to the House to vest in the Crown all forfeited Estates in Ireland And to vacate all Grants made thereof 11 die Feb. 1695. Lecta 1 vice Anno 1695. A Bill was presented to the House to vest in the Crown all forfeited Estates in England and to vacate all Grants made thereof 11 die Feb. 1695 Lecta 1. vice Anno 1697. A Bill was presented for vacating all Grants of Estates and other Interests in Engl. and Irel. from the Crown during the Reign of the late King Charles the 2d And for appropriating the same to the use of the Publick 12 die Feb. 1697. Lecta 1 vice 25 die Feb. 1697. Lecta 2. vice Anno ditto A Bill was presented for vacating all Grants of Estates and other Interests in England and Ireland from the Crown since the 13th day of February 1688. And for appropriating the same to the use of the Publick 12 die Feb. 1697. Lecta 1. vice 25. die Feb. 1697. Lecta 2 vice Anno ditto A Bill was presented for vacating all Grants of Estates and other Interests forfeited in Ireland since the 13th of Feb. 1688. And for appropriating the same to the use of the Publick 9 die Feb. 1697. Lecta 1. vice 12 die Feb. 1697. Lecta 2. vice Anno 1698. 9 die Maii. A Bill was presented for granting an Aid to his Majesty by an imposition upon Beneficial Grants and other things therein mention'd 10 die Maii Lecta 1 vice 11 die Maii Lecta 2 vice Thus we have shewn a continued Series the Year 1696 excepted of Bills or Adresses from Year to Year relating to this matter so that if the People of England have any Right or Interest in these Lands and Forfeitures it has not been lost or lapsed for want of putting in their Claim 3dly How far in an Act of Resumption it is just and reasonable to look backwards In matters of Government 't is generally the safest Course to tread in the Steps of our Ancestors were it only for this single Reason that 't is returning so far towards our Antient Constitution which all sides will agree to have been form'd with admirable Gravity and Wisdom In the present Question we shall therefore see as far we can find in old Histories or in the Records how our Forefathers proceeded in Acts of the like Nature for which we have recited our Authorities in the third Section Henry the 1st resum'd such Lands as his Brother Duke Robert who was an easy Prince had bestowed in Normandy upon undeserving Persons But we do not find he touch'd upon any thing that had been done by his Father or by William Rufus Stephen was press'd by the Nation as well as by Henry Fitz Empress to resume only his own Grants Henry the 2d resumed the Grants of Stephen but the matter had been agreed upon in the preceeding Reign Richard the 1st did only resume the Alienations he himself had made Henry the 3d. was perswaded by his Barons to resume what had been granted away by King John his Father a Prince so profuse that in a manner he had quite undone the Nation The Resumption made by Edward the 2d had relation only to what was done in his own Reign In the Reign of Richard the 2d the Commons indeed pray that the Gifts of Edward the 3d. to unworthy Persons might be look'd into which perhaps was done in respect of the dotage and Weakness this great Prince fell into the last Ten Years of his Life But what had been worthily bestowed was to be confirmed In the Reign of Henry the 4th the Petition of the Commons was that the Resumption might look as far backward as the 40th of Edward the 3d. and therefore we see it came to nothing and only ended in taking the Profits of all the Lands and Pensions granted for one Year The Resumptions made in the Reign of Henry the 6th extended only to the first Day of his coming to the Crown 'T is true the Commons in their Petition to Edward the 4th pray that the Resumption might extend to the Reigns of all the three Henries and the Act pass'd accordingly But we may plainly see this was chiefly done to condemn their Titles to the Crown And the Resumption retrospecting so far was found so impracticable that in the 3d. and 4th of his Reign a new Act became necessary which look'd no further backward than the 4th of March in the first Year of his own Reign The Resumption made by Henry the 7th does indeed look as far backward as 34 Hen. 6. and so takes in the Grants of Richard the 3d. and Edward the 4th But because there passed four several Acts of the same Nature in the Reign of Edward we may presume that this long Retrospect could not affect any considerable number of Families and that it was chiefly level'd at those who by Power and Interest in Edward's Reign still kept the Crown-Lands and who perhaps by new Grants from Edward and Richard had defeated the Intentions of former Parliaments The Reader may see that in these Resumption most of the Presidents reach only to the present or to the Reign immediately preceeding which is consonant to the Laws of all Nations that have prefixt some limited time after which Men should think themselves safe and quiet in their Possessions They without Doors who have desir'd that forfeited Estates of Ireland might not be look'd into have endeavour'd to obst ruct the good Intentions of the Parliament by crying we are willing to Resume provided you will go far enough backwards We shall join
Heruli who was Proclaim'd King of Italy And thus an End was put to the Roman Dominion after it had continu'd under Kings in a Common-Wealth and under Emperors about 1228 Years reckoning from the first Foundation of the City And now to recapitulate the Reasons of this Great Peoples Ruin First their Luxuries extinguish'd antient Honour and in its room introduc'd irregular Ambition Ambition brought on Civil Wars Civil War made Single Persons too considerable to remain afterwards in a private Condition so that the Foundation of their Destruction was laid in the Century wherein Caesar invaded their Liberties However they might have continued a Powerful and Flourishing Nation for many Ages if the succeeding Princes had imitated either Caesar or Augustus But many of those that follow'd assum'd to themselves unlimited Athority and when bad Emperors came they pulled down what had been building up by the Wisdom of all their Predecessors They seiz'd upon that Treasure which the Frugality of preceeding Times had set aside for urgent Occasions They accounted the Publick Revenues to be their own particular Property and to be dispos'd of at their Pleasure such as were Lavish squandred away among their Minions and Favourites that which was to maintain the Dignity of the State When their Profusion had reduc'd them to Necessities they fell to laying exorbitant Taxes and to Pillage the Remote Provinces when those Provinces were harrass'd and exhausted by continual Payments they became weak and unable to resist Foreign Invasions In those naked and defenceless Provinces the Barbarians nested themselves and when they were grown Strong and Powerful from thence they made Irruptions into Italy till at last they came to Invade and Conquer Rome it self the very Head and Seat of the Empire From this brief Account of the Roman Affairs perhaps it will appear That to let Ministers Wast the Publick Revenues or to suffer any Negligence and Profusion of the like Nature is of dangerous Consequence both to the Prince and People SECT III. Of Resumptions Grotius Prolegom in Hist Goth. Vand. c. THE Southwestern Parts of the Roman Empire were invaded and possess'd by that Torrent of People which antiently issu'd out of Scanzia a very large Tract of Land bounded on the North and East by the Sea and on the West and South by the Botnick Bay and Baltick Sea as likewise by Rivers which empty themselves into the Botnick Bay and the Russian or White Sea These Nations when they first left their Native Soil for a great while had no certain Seats but travers'd from one Region to another till at last they came to fix themselves in those Provinces they had intirely Conquer'd Of these the Visigoths and Ostrogoths were the most considerable The Ostrogoths to whom all Pannonia had been assign'd by the Romans extended their Territory far and wide till they seiz'd Italy it self under Theodorick The Visigoths seiz'd on Part of Gaul Planting themselves in Aquitaine and having cantoniz'd in other parts of the Country there they continu'd for some time They likewise form'd a Dominion in Spain which lasted above Three hundred Years reckoning from Athlaufus the Son of Alarick who by consent of the Roman Emperor Honorius was settled in the Borders between Gaul and Spain to Roderick who was totally subdued by Tariff the General of Vlit Miramamoliâ— the Moor. Part of these Visigoths fix'd themselves likewise in this Kingdom of Britain for from the Antient Scanzian were deriv'd the * Vid. Sheringham Discept de Orig. Gentis Angl. Jutes Gutes or Getes who nested in part of Germany and were afterwards call'd Saxons and who from Germany came and took Possession of this Island Of the same Scanzian or Gothick Race were likewise the Danes who about Two hundred Years before the Norman Conquest invaded England planting Colonieâ— and gaining such Footing here from time to time that at last they wholly Master 's both the Saxons and the Natives From this Soil likewise barren oâ— Provisions but fertile in producing Men did spring the Normans who under the Conduct of Roul left their own Soil first touching upon our Coast and finding no Reception here they were content upon Terms to depart and carry the Terror of their Arms elsewhere which they did into France where by their Valour they obtain'd that Tract of Land which from them was call'd Normandy from whence in One hundred and Twenty Years they came and in one Battle Conquer'd England Thus by these Swarms from the North of Men seeking new Seats the best part of Europe came into the Possession of a rough Warlike People whom the Luxuries of Asia Greece and Rome had neither corrupted nor refin'd And these new Inhabitants chang'd every thing introducing in all Places new Customs other Manners Languages different ways of making War new Laws and new Forms of Government And these several Branches springing from the same Stemm it must follow that the Fruit they bore would be near of a Tast by which we mean that in their Manners Laws and principally in their Politick Government they must of consequence as indeed they did very much resemble one another And whoever looks into the Antient Constitutions of England France Spain Denmark and Sweeden will find that all these Nations had one and the same Form of Government and tho' they might vary in some Circumstances yet they all agreed in certain Fundamentals which were That the People should have their Rights and Priviledges That the Nobles or Men of chief Rank should have some Participation of Power and That the Regal Authority should be limited by Laws 'T is true the German Emperors have some shadow of and pretend Succession to the Roman Empire but whoever contemplates their Laws Constitution and Form of Government will find all strongly impregnated with the Gothick Tincture However he who considers the Migrations of these Men will perceive that the Governments which they establish'd were the necessary and unavoidable Consequence of their Expeditions and that People seeking new Seats could not properly put themselves under any other Form For so vast a Design as that of leaving one's own and invading a remote Country must fall into some Bold and Great Mind that could first conceive and then be able to go through with such an Undertaking and he who was thus qualified with Courage and Conduct easily obtain'd Supream Authority over all the rest from whence came That these People chose to be govern'd by Kings But the first Expence of this Expedition being very great and he who projected it not being able to bear it all himself he Associated to him certain of his Principal Countrymen who had likewise Followers and Dependants of their own These in Consideration of what they contributed towards the Common Design were not only to share in the Conquer'd Lands but in these Lands to enjoy certain Powers and Priviledges and to have Names of Honour by which they were to be distinguish'd and set above the rest From whence came
out of several Mannors Insomuch that * Fol. 523 Ordericus Vitalis says William the Ist had coming in L 1061-10-1 â— per diem of Sterling Money which the Value of Money in those Days consider'd was a prodigious Income †Jervais of Tilbury says indeed That at * Jerv Tilb. Dial. de Scacc. that time all the King's Tenants paid their Rents in Kind But this will appear manifestly otherwise to any one that looks into Dooms-Day-Book And tho' Ordericus may have given us an Account somewhat too large yet considering the Number and Value of his Mannors and the Number of Knights Fees which were Sixty thousand out of which Escuage might be Levy'd in times of Action he had without doubt a very great Revenue either for Peace or War * Cotton Post pa. 179. Sir Robert Cotton says The Article of Terra Regis in Dooms-Day-Book consisted in such Lands as K. William found Edward the Confessor had been in Possession of and that to Alienate this Revenue from the Crown was held Impious by our Fore-Fathers Most certainly in this Universal Survey there was inserted whatever the Kings had claim'd to the time of Edward But there was good Reason to think that he added to the Terra Regis such Lands as he pretended were Forfeited by those who had ingag'd in the Battel of Hastings and the Estates of the Barons and other great Men who afterwards from time to time Revolted from him Part of which Lands he annexed to the Crown distributing the rest with a reservation of certain Quit-Rents among his Norman Followers By this Accompt it appears That this Founder of our present Government left to succeeding Kings a fair Inheritance sufficient to maintain their Estate and Dignity at Home and capable to Defend the Realm against Invasions from Abroad But this Model of a Politick Constitution easie both to King and People was somewhat shaken even by his next Successor William Rufus who not only wasted the vast Treasure left by his Father but also run into such Profuseness as forc'd him to Harrass the whole Kingdom He alienated the Crown-Lands And * Dan. p. 44. Daniel says He was compell'd to resume his own Grants William of Malmsbury speaking of this Prince says * Will. Malms p. 122. Plures Patrimonia sua effudere inconsulte largiendo Quid vero est stultius quam quod libenter facias curare ne diutius facere possis It aque quidem cum non habent quod dent ad Rapinas convertuntur majusque odium assequntur ab iis quibus auferunt quam beneficium ab iis quibus contulerunt Henry the Ist who succeeded had all the Qualifications belonging to a Wise and Provident Ruler He brought to Punishment Ranulphus Bishop of Durham who had been the chief Adviser of all the Irregularities Profusions and Exactions of the last Reign * Ord. Vit. Fol. 822. He likewise took into his own Possession all his Father's Lands and Lordships in Normandy which his Brother had squander'd away and by the Judgment of Wise Men made those Gifts void which imprudently had been bestow'd upon undeserving Persons After the Death of Henry Stephen the Third Son of the Earl of Blois by Adela the Fourth Daughter of William the I was Elected King He found in his Uncle's Treasury 100000 l. besides Plate and Jewels of an immense Value Having no good Title to the Crown he was forc'd to purchase the good Will of the Principal Men by Gifts * Will. Malms Hist Nov. pa. 180. Multi siquidem quos vel Nobilitas generis vel magnitudo animi vel potius viridioris aetatis audacia ad illicita praecipitabat a Rege hi Praedia hi Castella postremo quaecunque semel collibuisset petere non verebantur And with these Grants he bought the dissembled Affection of his Courtiers * ibid. Malmsbury calls it †Simulatam ad tempus Pacem for all this Liberality could not make the Nobles faithful to him his whole Reign having been nothing but a Scene of Treachery and Bloodshed At last he was forc'd to come to Terms of Agreement with his Kinsman Henry Fitz-Empress of which one Article was That he should resume those Grants * M. Par. p. 86. Regalia passim a Proceribâ—s usurpata Rex in sua Recipiet And persuant to this Agreement did Henry the II. act when he came to the Crown which is to be the more admir'd in him because he was a Stranger born Son of the Earl of Anjou and succeeding by Maud his Mothers Title and because the Crown Revenue was got into powerful hands able to give him strong Opposition but nothing could stand before his Courage and Perseverance He resumed the Lands which King Stephen had given among his Followers William Earl of Albemarl pretended to oppose him in Northumberland but he brought him to restore what belong'd to the Crown as he did likewise Hugh Mortimer * Chronicon Johannis Brompton Col. 1046. Considerans autem Rex quod Regni redditus Dominica per Molliciem regis Stephani ad Dominos multos jam devenissent praecepit ea cum omni integritate infra tempus certum a quibuscunque detentoribus resignari in jus statumque revocari He also took upon him to banish Foreigners particularly the Flemings who had nested here in hopes of Booty under a loose Reign †Rex tenuit * Gerva Chron. Col. 1377. Curiam suam apud Beremundesiam uhi cum Principibus suis de statu Regni pace reformanda tractans proposuit animo alienigenas gentes de Regno propellere Matthew Paris speaking of this Prince says * M. Par. p. 92. Qui continuo in Regem promotus caepit in jus proprium revocare Vrbes Castella Villas quae ad Coronam spectabant Alienigenas maxime Flandrenses de Regno expellendo quosdam Pseudocomites quibus Rex Stephanus pene omnia ad Fiscum pertinentia minus caute contulerat deponendo So that we have here the Instance of a Warlike King for such a one Henry was greater in Revenue and Extent of Foreign Dominion than any of his Predecessors who thought it no Derogation to his Honour to look into these Matters And this provident Care of his had such an Effect that his Son and Successor Richard the I. at his coming to the Crown found in the Treasury above L. 900,000 besides Plate and Jewels * M. Par. 152. Inventa sunt plura quam nongenta Millia librarum in auro argento praeter Vtensilia Jocalia lapides pretiosos But this and much more was presently consum'd in the mad Humor which at that time had seized all the Princes of Europe of making War for the Holy Land To furnish himself for this Expedition Richard sold several Parcels of the Crown Revenue †Hoved. p. 658. Hoveden says Rex exposuit venditioni omnia quae babuit scil Castella Villas Praedia But the Lands thus granted away
supportation del Houstiel Chambre Garderobe suis ditz devant ascun doun ou Grant fait al contraire dicelle en descharges de nostre dit Seignour le Roy de son Roialme 〈◊〉 temps avenir Et si ascune manerâ— de Persone de qel Estate ou Condition 〈◊〉 soit eit ou resceive en temps a venir de doun ou de Grante nostre dit Seignour le Roy ou de ses Heirs Roys Dengleterre ascunes des Revenues dessuis nommez a contraire de cest Petition qe le avantdit doun ou Grant soient outrement voidez come nulles tenus le Roy respondu en son Escheqer des Issues en le mesme temps dycelle provenantz en temps ensuant a provenir per issint qe le Chancelier Dengleterre qi pur le temps sera soit tenus a certifier en l Eschequer nostre dit Seignour le Roy des douns Grants avant dits a tant de foits come il besoigne Resp Le Roy voet qe touts les Chastelx Manoirs Honours Seignouries Villes Terres Tenements Franchises Reversions Libertees Forrests Fees Advoesons and Eschetes Forfeitures Gardes Marriages ou autres Revenues qeconqes ove lour Appurtenances Forpris Offices Baillies qi escheiront de ce en avant es mains nostre Seignour le Roy ne soient en nul manere donnez ne grantez a ascune Persone sil ne soit al oeps profit nostre dit Seignour le Roy pur la Sustenance de son Hostiel Chambre Garderobe Et si ascune manere persone de qel Estate ou Condition qil soit eit ou resceivre dycest 26. Jour de Avril en temps avenir ascun tiel doun ou Grant au contraire de cest ordeinance qe le avant dit doun Grant soient outrement voidez tenus pur nul forpris que Recompensation soit fait au Reigne solonc la tenure de ses Lettres Patents Et forpris les Fitz de Roy Et auxint forpris qe recompensation soit fait a Duc d Everwick a Seignour de Grey solonc la Fourme de lour lettres Patentes There was no full and direct Resumption during the Reign of Henry the V. * Rot. Par. 1 Hen. V. N â— 40. except of Lands given away in the Marches of Calais by which it appears that the Care taken in the former Parliaments had somewhat fenc'd the King's Revenues against the Rapine of the Favourites and Great Men But tho' there was no Resumption yet iâ— was Enacted 1 H. 5th That the King should have 10,000 l. per Ann. out of thâ— Annuities and Pensions formerly granted which was no inconsiderable Summ iâ— those days since the whole Revenue oâ— the * Cot. 〈◊〉 p. 156. Crown when he undertook the Conquest of France amounted to but L. 56 96â— per Annum * Rot. Parl. 1 Hen. V. N o. 12. Item accordez est assentuz per â— Roy les Seignours a la reqest dâ— Communes en Parlement qe sur les Paiâ—ments afaires de les Annuitees Grantâ— as diverses Persons per les lettres Paâ—eâ—tes des Roys mesme nostre Seignour 〈◊〉 Roy pur Sustenance Supportation dâ— son honourable Estate de les Grandes Charges Costages despenses dâ— son Houstiel Chambre Garderobe soit preferez de dix milles livres annuellement yeelle preferement accompliâ— soient les Persones dessuisdits paiez dâ— lour dites Annuitees solonc les Fourmâ— effect de lour letters Patentes a eux enâ— faits Purveus toutes fois qe les Seignours autres Persones qont lours Annuitees enheritabâ—ement soient paiez demesme lour Annuitees solonc la fourme effect de lour Chartre Lettres Patents ent faits non obstant le preferement avant dit Anno 28 Hen. 6. * Rot. Parl. 28 Hen. VI. N o 53. Prayen the Commons in this youre present Parlement Assembled to consider that where youre Chanceller of youre Reaume of Englond youre Tresorer of Englond and many of the Lords of youre Counseill by youre high Commandement to youre said Commons atte youre Parliament holden last atte Westminster shewed and declared the State of this youre Reaume which was that ye were endetted in CCCLXXII M. li. which is grete and grevouse and that youre Livelode in yerely value was but V. M. li. And for as moche as this V M. li. to youre high and notable Estate to be kept and to paie youre said dettes woll noght suffice Therefore that youre high Estate might be releved And furthermore it was declared that youre Expenses Necessaries to youre Houshould withouten all other ordinarie Charges came to 24000 li. yerely the which exceedeth every Yere in expenses necessarie over youre Livelode 19000 li. Also please it your Highness to consider that the Commons of youre said Reaume been as well willed to their pore power to releving of youre Highness as ever were Peple to ony Kyng of youre Progenitours that ever reigned in youre said Reaume of Englond but youre said Commons been so empoverished what by taking of Vitaile to youre Household and other things in 〈◊〉 said Reaume and noght paied fore And the Quinszisme by youre said Commons afore this tyme so often graunted and by the Graunt of Tonnage and Poundage and by the Graunt of the Subsidie upon the Wolles and other Grauntes to youre Highness And 〈◊〉 lakke of Execution of Justice that youre pore Commons been full nyght destroâ—ed And if it shuld continue lenger in such grete Charge it cowde noght in oney wyse be hade or borne Wherefore please it youre Highnesse the premises graciously to consider And that ye by the advyce of youre Lordes Spirituels and Temporels by auctorite of this youre present Parlement for the Conservacion of youre high Estate and in comfort and ease of youre pore Commons wold take resume seise and reteine in handes and possession all Honours Castelles Lordshippes Townes Towneshipps Mannours Londs Tenementes Wastes Rentes Reversions Fees Feefermes and Services with all their Appurtenances in Englonde Wales and in the Marches thereof Irlonde Guysnes Caleys and inthe Marches thereof the which ye hafe graunted by youre Lettres Patentes or otherwyse sythe the first day of youre Reigne and all Honours Castelles Lordshippes Townes Towneshipps Mannours Londs Tenements Wastes Rentes Reversions Fees Feefermes and Services with all their Appurtenances the which were of the Dutchie of Lancastre and pass'd from you by youre Graunte or Grauntes And ye to have hold and receive all the Premisses in and of like Estate os ye hadde them atte the tyme of such Grauntes made by you of theim And that all Lettres Pattentes or Grauntes by you or by oney other Persone or Persones atte youre requeste or desire made to oney Persone or Persones of the Premisses or of oney of theim in that that to oney of the Premisses be be void and of noo force And over that that all manner of Graunts of
great Increase besides 't is notorious K. Henry the Eighth either sold or gave away a great Part of the church-Church-Lands From all which it must follow by undeniable Consequence that the fore-mention'd Acts of Resumption did restore the Crown-Revenue consisting in Rents and Farms to the State and Condition wherein it was in the beginning of King Charles the Second's Reign And Lastly For their Satisfaction who pretend Resumptions are against the Fundamentals of our English Law we shall produce the Opinion of a Venerable and Learned Lawyer in this Point 't is taken out of a Book written by Sir John Fortescue Chief Justice of the Common-Pleas in the Reign of Henry the Sixth The Manuscript is in the Bodleian Library at Oxford 't is intituled Sir John Fortescue's Treatise De Dominio Regali and De Dominio Regali Politico But let the Author himself speak with his Old English Heart as well as in his Old English Words CHAP. XI Hereafter ys schewyd what of the Kyng's Lyvelood geven away may best be takyn ageyne Bib. Bodl. Digh. 145 The Kyng our Souveraign Lord had by times sethen he Reyned upon us Lyvelood in Lordshipps Londs Tenements and Rents nere hand to the Value of the 5th Part of his Realme above the Possessions of the Chirche by whiche Lyvelood if it had abydyn still in his Hands he had been more mighty of good Revenues than any of the sayd Two Kyngs sc the Kyng of France or the Sowdan of Babylon or any Kyng that now reyneth upon Cristen Men. But this was not possible to have done for to sum parte thereof the Heyres of them that sum time owyd it be restored sum by reason of Taylys sum by reason of other Tytles which the Kyng hath considered and thought them good and reasonable And sum of the same Lyvelood hys good Grace hath gyven to such as hath servyd him so notably that as their Renown will be eternal so it befetteth the Kyngs Magnificence to make their Rewards everlasting in their Heyres to his Honour and their perpetual Memory And also the Kyng hath gyven parte of Lyvelood to his most honourable Brethren which not onley have servid hym in the manner aforesaid but byn also so nygh in Blode to his Highnesse that it befet not his Magnificence to have done otherwise Neverthelesse some Men have done hym Service for which it is reasonable that his Grace had rewardyd them and for lack of Money the Kyng than rewarded them with Lond And to sum Men he hath done yn likewise above their Demerits thorow Importunite of their Sewtes And yt is supposyd that to some of them is gyven a C l. worth Lond yerely that would have hould him content with CC l. in Money if they might have had it in hande wherefore yt is thought yf such Giftes and namely those which have byn made inconsyderately or above the Merits of then that have them ware reformyd and they rewardyd with Money or Offices or somewhat Lyvelood for terme of Life which after their Deths wold then return to the Crown the Kyng schuld have such Lyvelood as we now seke for sufficient for the Maintenance of his Estate And yf yt would not then be so grete I hold yt for undoubtyd that the People of this Lond wol be wyllyng to graunte hym a Snbsidye upon such Commodities of his Realm as be before specifyd as schal accomplish that which schal lack him of such Lyvelood So that his Highnesse wol wel establish the same Lyvelood then remaynyng to abide perpetually to his Crown without translatyng therof to any other Use For when that schal happyn hereafter to be given hytte schal nede that his Commons be chargyd with a newe Subsidye and be alwaye kepte in Povertie Hereafter ys schewyd why yt needeth that there be a Resumption We found by grete Causys yt was nedefull that all such Gyftes as have ben made of the Kynges Lyvelood inconsyderately as not deservyd or above the Merites of them that hath getyn them were reformyd so that they which have done Service be not over rewardyd which thyng as me thynketh may not perfitly be done without a general Resumption made by Act of Parlement And that ther be gevyn the Kynge by the Auctorite of the same Parlement a grete Subsidye with which his Highness with the Advice of his Counceil may reward those that have deservyd rewards and ought not therefore to have parte of his Revenues by which his Estate must nedes be mainteyned or ought not to have so much of the Revenues as they have now or not so grete Estate in the same Consyderyng that all such geving away of the Kynges Lyvelood is harmfull to all his Leige Men which schal therbye as is before schewyd be artyd to a new Charge for the Sustentation of his Estate But yet or any such Resumption be made yt schal be good that an honorable and notable Counceil be establyshyd by the advyse of which all new Gyftes and Rewards may be moderyd and made as yf no such Gyftes or Rewards had ben made before this time Provyded alway that no Man be harmyd by reason of such Resumption in the Arrearages oâ— such Lyvelood as he schal then have which schold ron after the Resumption and before the sayd new Gyftes and Rewards And when such a Counceil is fully create and establyshyd hyt schal be good that all Supplications which schal be made to the Kynge for any Gyfte or Reward be sent to the same Counceil and ther debatyd and delibered First whither the Suppliant have deservyd such Reward as he askyth and yf he have deservyd yt yet yt nedeth that yt be delibered whether the Kynge may gyve such Rewards as he asketh of his Revenues savyng to hymself sufficient for the Sustenaunce of his Estate or else such gevyng war no Vertue but rather a Spice of Prodigality and as for so much it war delapidation of his Crown Wherfor no private Person wol by reason of liberalite or of reward so abate his own Lyvelood as he may not kepe such Estate as he did before And truly it war better that a private Person lackyd his Reward which he hath wel deservyd than that by his Reward the good Publicke and also the Lond were hurt Wherfor to eschewe these two Harmes hyt may than be advysyd by the Counceil how such a person may be rewardyd with Office Money Marriage Fraunchise Privilege or such other thyng of which the Crown hath grete Rychesse and veryly if thys Order be kepte the Kynge schal not be be grevyd by importunyte of Sewters nor they schal by importunyte or brocage optain any unreasonable desires O what myghty quiet schal growe to the Kynge by this Order and in what rest schal al hys People lyve havyng no Colour of grutchyng with such as schal be about hys Person As they were wont to have for the gyvyng away of his Londs and for miscounceiling hym in many other Causis nor of
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 â—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
per se non adquesierit sed civium suorum sanguine laboribus periculis non alienum videtur regulam juris Civilis sequi ut quod communibus multorum laboribus quaesitum est non nisi communi eorum Consilio consensu alienari possit The Romans were so strict in this Point that to intercept any Spoils gotten in War was accounted robbing the Publick Modestinus the Lawyer says Is qui Praedam ab Hostibus surripuit Peculatus Lex penult digest ad leg Jul. Peculat tenetur Gellius takes notice that Cato in an Oration he spoke concerning Spoils complain'd in vehement Words Gellius Lib. 11. Cap. 13. That poor Thieves were manacled in Fetters but that the Publick Robbers shin'd in Gold and rich Attire Fures Privatorum Furtorum in nervo atque compedibus aetatem agunt Fures Publici in Auro atque Purpura Indeed if a Prince makes the War at his own single Charge Lib. 1. Cap. 3. Num. 11. as Grotius observes in another Place Fieri potuit ut Rex ex sua privata substantia Exercitum aluerit In such a Case he alone will have a Right to the Conquer'd Country And this is so true that if William the Norman had been able by his own Strength and at his particular Expences to have made the Conquest of England according to the Law of Nations he must have had this Kingdom in Patrimonio with as absolute Dominion in it as the Eastern Princes can pretend to But the Case being quite otherwise and he not able to bear the whole Charge he took to his assistance several Barons of his own Dukedom and some great Men of other Countries who were joined with him in the Adventure to whom as the Recompence of their Service he first promis'd and afterwards made sundry Concessions and granted many Priviledges But still with all this assistance he could not quite subdue the Natives with whom he was compell'd to make Compacts from which Concessions and Compacts it comes that we continue still to be a free People notwithstanding this pretended Conquest In the same manner if Henry the 2d had Conquer'd Ireland with only the Revenues of the Crown without any Aids from his People that Kingdom had been his own Plenâ— Jure as the Civilians call it and he might have disposed of it at his own Will and Pleasure For as Aristotle says Lex est veluti pactum quoddam commune quo Bello capta capientium â—iunt Nor is it a thing at all strange for a Prince to hold different Kingdoms by different Titles and to Govern 'em by different Methods in one he may be absolute according to the Antient Constitution of the Country in another his Power may be circumscribed and limited by Law One Kingdom he may hold by Election and another by the Right of Succession He may have a Kingdom of his own Acquisition which shall be as it were his * De Jure inter Gentes P. 1. Sect. 3. R. Z. own private Patrimony A Principibus aliquando Regna vel Territoria pleno Jure habentur ita Strabo tradit Cytheram Insulam Toenaro objacentem fuisse Euriclis Lacedaemoniorum Principis privato ipsius Jure And the same Right would Henry the 2d have had in Ireland if he had made the Acquisition by his own Sword and Bow and by Troops paid out of his own Purse but because the Kingdom was conquer'd at the general Expence of England the Commonwealth here has always took it self to have an Interest to bind that Kingdom by Laws to inquire into the Administration of it as Parliaments have several times done and to extend the Acts of Resumption as well to Ireland as to England constantly believing that Island to have been an Acquisition to the Crown not of any King 's own Making but purchas'd with the Labour and Blood and at the common Expence of this Nation which in several Expeditions and Wars to quiet 52 Rebellions has expended five times more Treasure than the Fee Simple of all Ireland is worth The Writer of these Papers is not at all afraid or asham'd to offer at Accompts tho' a certain Person did please to say but without any Proof then or afterwards that in one Computation we were mistaken twenty Millions An Account of the Expences for the Reduction of Ireland  ll s. d. ISsu'd from the Exchequer and wholly apply'd to the Irish Service to Jan. 25. 1694 5. 3,388,672 5 3¼ Arrears due to the Irish Army to March 31 1692 about 190,000 00 0 To the Irish Transports about 350,000 00 0 For the Service of the Ordinance on Account of the Train that attended the Irish Army computed at about 80,000 ll per Ann. for two Years and a half 200,000 00 0 Carry over 4,128,672 05 3  ll s. d. Brought over 4,128,672 05 3 Besides which there was received by us of the Irish Revenue 177,020 15 5 By Poundage and Days Pay and Profits by Guinea's about 70,000 00 0 By Quarters in Ireland about 140,000 00 0 So that the Reduction of the Irish stood both Nations in about 4,515,693 00 8¾ The Peoples Right to the Forfeited Estates in Ireland to dispose of 'em in Parliament either for the Service of the current Year instead of a Land-Tax or to make 'em a Fond towards paying off the Deficiencies is grounded upon this Sum of Four Millions which has been levyed in England and expended upon that War Where the Honour of the Prince and the Honour or Interest of the Nation are concern'd against a Foreign Enemy most certainly we are to give necessary Aids and Subsidies without prospect of reaping any other Fruit from our Expences than Fame and Safety but when England has to do with its own Subjects and that they can be brought to pay part of the Reckoning it would be very hard if all this should be intercepted from the Publick and that we should waste our Blood and Treasure only to enrich a few private Persons From the time of Henry the 2d Ireland has almost constantly been made to contribute something towards its Conquest or Reduction In the very beginning Vide Dr. Hâ—mmer Fol. 136. viz. Anno 1170 part of its Lands were given to the Adventurers Robert Fitz Stephen and Maurice Fitz Gerald David Barry Hervy de Monte Marisco William Nott Maurice de Prendregast Meyler Richard Strongbowe Earl of Chepstow and others And Anno 1172. another Adventure was set a-foot and a new Partition of Lands was made and King Hen. 2d stands himself in the Front of the Adventurers with Hugo de Lacy William Fitz Adelm Humphrey de Bohun Sylvester Giraldus Cambrensis who was Tutor to the young King Vide Rogerus Hovidon John and others In the distribution of these Lands the Service of so many Knights was reserv'd to the King in the Grant of each Estate Hugo de Lacy Lord Lieutenant sold several Estates there which Sales Philip of Worcester his Successor revoked Nec