Servants 66 The same for Gilbert Par but 9 l. per Annum Feefarm Rent resum'd 67 The same to John Trevilian as to some small Grants express'd 68 The same for Henry Langton the King's Servant 69 The same for John Say as to a Grant for his and his Wifes lives but L. 9-2-6 Fee-farm Rent resum'd 70 The same for John Blackney the King's Servant 71 The same to Rob. Fowles Hyrst the King's Servant so as it exceed not 10 Marks per Ann. 72 The same as to a Grant for life of 20 l. per. Ann. 73 The same for John Down the King's Servant as to two small Grants 74 The same to Griffith ap Nicholas as to a Grant of 15 l. per Ann. 75 The same for Henry Manners one of the King's Servants 76 The same for John Chyval and others the King's Servants but three Pipes of Wine and 10 l. per Annum Feefarm Rent are here resum'd 77 The same for Will. Elton and others the King's Servants as to some Leases or Confirmations 78 The same for John Sutton Kings Servant 79 the same for Robert Wyllyn King's Servant 80 The same for John Woodhouse King's Servant 81 The same for Henry Rosyngton and others the King's Servants 82 The same for John Slyfirst and several others the King's Servants as to their Salaries which were reduc'd to 10 l. per Annum 83 The same to Thomas Carr the King's Servant 84 The same to Andrew Lowe King's Servant 85 The same for Thomas Schapp King's Servant as to 6 d. per diem Sallary 86 The same for William Langton and others of the King's Mynstrel as to their Salaries of 6 l. 13 s. 4 d. per Annum 87 The same for Will. Clarence King's Servant 88 The same for Bryan Wager King's Servant 89 The same for Sir Richard Roos and others but in this Proviso several Resumptions are made 90 The same for Thomas Mongomery Esquire so as what he enjoys of the King's Gift exceed not 23 l. per Annum 91 The same for Thomas Calbras King's Servant as to his Salary of 12 p. per diem 92 The same for James Hornby and Tho. Osborn Kings Servants as to their Offices Wages and Cloathing 93 The same as to Tho. Bradfeld but here 8 Marks per Ann. Fee Farm Rent is resumed 94 The same for Rowland Lenthal as to Lands bought of or exchanged with the Crown 95 The same for Rich. Wednyng as to the Reversion of an Office 96 The same for Christop Whittacre as to an Office and Sallarie of 4 Pence per diem 97 The same for William John as to a Grant made upon a Surrender 98 The same to John Brely as to his Office 99 The same for Thomas Lord Egremont as to 45 l. per ann to him and his Heires for Sustentation of the Honor. 100 The same for Wotkyn Bedell King's Servant as to a Feefarm Rent out of Mills in Herefordshire 101 The same for Sr. Rich. Molyneux and his Son as to their Offices and Sallaries and as to some Leases they had from the Crown 102 A Saving to the Town of Kingston upon Hull as to some Franchises granted to them 103 For Ralph Leigh and others King's Servants so as the Grant made to them all exceed not 20 l. per ann 104 For Sr. John Langton and his Son as to some Leases 105 A Saving to the Prior and Convent of York as to some Pardons and Releases made to them 106 A Saving for Sr. Edmond Hungerford 107 Another Saving for Sr. Edmond Hungerford and Phil. Courtney as to some Mannors they held by Lease and for which they paid Rent 108 For John Hunt and others Clerks of the Chappel as to some Grants so as no Grant made to any of them exceed 20 Marks per ann 109 For John Watts and others King's Servants as to some small Pensions for Life 110 A Saving to John Merston and others the Kings Servants but with Exceptions 111 For John Wesenham King's Servant 112 A Saving to John Holt for some Lands as it seems rather restor'd than granted 113 For Thomas Frank. 114 For John Arnold and others as to some Tenements they held in Trust for Religious Uses 115 For John Rypon King's Servant 116 For John Browne and Thomas Catesby as to some Eschetes and Grants of small value which is expressed in the Proviso 117 A Saving for John Baker and Rich. Wardale King's Servants 118 A Saving to the Lord Hungerford for the Mannor of Hungerford out of which there was a reserv'd Rent and in the same Proviso there is a Saving for Sr. Rich. Hungerford Ld. Molins as to a small Grant 119 A Saving to the Earl of Northumberland 120 A Saving to Tho. Kent as to 100 Marks per ann in Consideration that the said Kent had been at great Expences in repairing the Port of Southampton and that by this Resumption he was to loose several Grants express'd in the Proviso 121 A Saving for John Green Esq who had certain Priviledges and Free Chace granted him by Letters Patents in his own Woods 122 For the Monks of Sempyngham as to a Pardon or Release of Disms 123 For Will. Bulkley King's Servant as to his Salary of 12 Pence per diem who had no other reward for his long Services 124 A Saving for John Kingly and Rob. Whitgrene as to some small Grants 125 For William Boerly 126 For Jenkin Stanley and his Son as to some Grants and for the Vitlership of a Castle 127 A Saving for the Lord Vessey 128 For John Welbeck Kings Servant as to his Salary of 12 Pence per diem 129 A Saving to the Towne of Notyngham for certain Franchises provided they increase their present Feefarm Rent 13 s. 4 d. above what they already paid 130 For John Turges the Queens Harper as to 10 Mark per ann for Life which he was to have after the death of another 131 For Will. Beaufitz but here is a Resumption of 15 l. per ann Feefarm Rent 132 For John Peycock as to 6 Pence per diem 133 A Saving for Sr. Tho. Fulthorp Justice of the Common Bench value not express'd 134 For Gilbert Haltoft Secondary Baron of the Exchequer as to 20 Mark per ann for his Life 135 For the Lord Chief Baron as to 40 l. per ann Robe Vesture and Furrure 136 For John Fowardly as to 20 l. per ann for life and John Poutrel as to 20 Mark per ann for life 137 For John Sleg and his Wife as to 4 l. 6 s. per ann for life 138 For John Prude Kings Glazier as to 12 Pence per diem for life 139 A Saving for Colchester and Ipswich as to Franchises and Liberties 140 For the Town of Rye as to a Grant made to them 141 For the Town of Shrewsbury as to Franchises and Liberties 142 For the Town of Bridgenorth the same 143 A Saving to John late Duke of Somerset as to a Feefarm Rent of 15 l. per ann 144 For Nich. Semtlo as to
before theym proved not to be made reared or assigned upon true Grounde or Cause of Duetee in likewyse to be voide and the Kyng therof quyte and discharged for evermore Then follow Sixteen Exceptions or Savings as to private Interests which the House of Commons make and they are much of the same Nature as those in the other Acts. Resp As touchyng this Bill of Resumption and the other Acte above specified concernynge Assignations made by the Kynge and the Fourme of Paymentes of his Dettes and all thynges comprised in either of the seid Billes and Acte and the other Matiers and Articules above specified the Kyngs Highnesse hath well conceyved and understond the same and by thadvyse and assent of the Lordes Spirituells and Lordes Temporells and the Comons beyng in this present Parlement and by the Auctorite of the same theym hath accepted and agreed So also that such Provisions and Exceptions as by his Highness be or shall be made and agreed and duryng the tyme of this present Parlement in Writyng to or upon the Premisses be good and effectuel the seide Bille or Acte or eny other the Premisses notwithstondyng for the Equyte and Right wis reward that the Kyng intendeth to do to every of his Subgietts for his Merites which shall be to the Pleaser of God and Honour of his Highnesse and the Wee l of all the Lond and People Then follow a great Number of Exceptions brought in by the King but they do not seem of that Nature as if it were design'd they should defeat the Intentions of the House of Commons as the Savinâ—s in the first Act of Resumption pass'd in this Reign plainly did So that at last both King and People appear to be in Earnest in this Matter But all the Acts of Resumption hitherto pass'd were not thought sufficient so that tho' we cannot find Richard the Third who succeeded Edward was any great Giver yet the Parliament in the Reign of Hen. 7. who was Successor to Richard believ'd another Resumption necessary Rot. Parl. 1 Hen. 7. p. 2. Anno 1. Hen. 7. Prayen the Commons in this present Parliament assembled That where the most noble and blessed Prince of most holy Memory King Henry the 6th your Uncle whom God rest and other your noble Progenitours have kept as worshipfull noble and honorable Estate of their Household in this Lond of the Revenues thereof as have done eny King or Prince in Englond christenned to the Ease and Rest of the People of the same without agrudging or lack of Payment therfore such as caused all other Londs to have this your said Lond in as worshipfull Renown and as great Dread as any other Lond christenned and for that the Revenuâ— of your said Lond to your Highnesse now belonging mowe not â—uffice to keep and susteine your honourable Household nor your other ordinarie Charges which must be kept and born worshipfully and honorably as it accordeth to the Honour of your Estate and your said Realm by which your Adversaries and Enemies shall fall into the dread wherin heretofore they have byn That it would please your Highnesse by thadvyse and assent of the Lords Spirituall and Temporall in this present Parliament assembled and by Auctoritie of the same for the Conservation and Suportation of your said Estate which first to Gods Pleasure secondarie for your own Suertie Honour and Weal and for the third to the universal Weal Ease Rest and Suertie of this Land the which you owe to preferre afore the Favour of any Persone or any Place or other Thing earthly to take seise have reteyne and resume into your Hands and Possession from the 21st Day of August last passed all such Castles Lordshipps Honours Manours Londs Tenements Rents Services Feefermes Knights Fees Advowsons Annuitees Yefts of Offices to yeve at your Pleasure Grantes of keeping Ideots Faires Markets Hundred Turnes Views of Frankplegge Leets Yssues Fines Amerciaments Libertees Fraunchises Prorogatives Escheates Custumes Reversions Remainders and all other Hereditaments with their Appurtenances whatsoever they be in England Wales Ireland of Caleys or the Merches thereof as the said most christen and blessed Prince King Henry the 6th your Unkle had of Estate of Enheritance or any other to his Use had the 2d Day of October the 34th Year of his Reigne or any tyme sith as parcell or in the Right and Title of the Crown of England of the Duchie of Lancastre the Duchie of Cornwall the Principalitie of Wales and the Earldome of Chester Saving to every of your liege People such Right Title and Interesse as they or any of them should have or might have had in or of the Premisses or any Parcel thereof other than by means of Lettres Patentes of any King of this your Realm or by Act of Parliament made after the said 2d Day And over this be it enacted ordeyned and stablished by the same Anctoritie that all Yefts Graunts Leases Releases Confirmations and Discharges of any Castels Honours Lordshipps Manours Lands Tenements Rents Services Reversions Annuites Feefermes Offices Liberties Fraunchises or other Hereditaments and all Appropriations Corporations Collations Assignments and Graunts of any Debt or Summes of mony by Letters Patentes or Tailles as to any Payment only whereof the Days of Payment have or shall grow after the 21st Day of August last passed made by Richard the 3d late in dede and not of right King of Englond any tyme during his usurped Reigne under his great Seale of the Countie Palatine of Chester or by Tailles to any persone or Persons or Body corporate and also all Yefts and Grauntes by Authoritie of Parliament or otherwyse made by Edward the 4th late King of England or by Edward his Son late called King Edward the 5th to any persone or persones be fro the said 21st Day of August adnulled void and of no force ne effecte And all Graunts made by the said Edward the 4th late King of or touching the Earldome of Devonshire or any Parcell thereof be from the same 21st Day also void and of no Force ne Effecte Then comes A Saving for some special Grants made by Edward the 4th and King Richard as to Lands of the County Palatine of Lancaster Chester or of the Earldome of March A Saving to Abbots Abbesses Priories in England or Wales as to the Restitution of any of their Temporalities A Saving for License to incorporate or found any Chantery c. Then follows And over this be it inacted ordeyned and stablished by the sayd Auctority that all Graunts and Letters Patentes of any Office made by our sayd Sovereign Lord afore the 20th Day of January the 1st Year of our Reign to any persone or persons be from hence forth void ne of no effecte A Saving for the great Officers and Others as to their Employments and Wages A Saving for the Patents of the Peers and their Creation-Money And to Corporations c. Then follow Ten Exceptions or Savings made by the House of Commons to
the said Bill and such of them as are either general or particular are much of the like Nature with the Savings in other Acts. Resp As touching this Bill of Resumption the King's Highness hath well conceived and understood the same hath therefore by thadvise and assent of the Lords Spirituels and Temporels and Commons in this present Parliament and by thauctoritie of the same it accepted and agreed So alway that such Provisions and Exceptions as by his Highness be and shall be made and agreed and during the Time of this present Parliament put in Writing to or upon the Premisses be good and effectual The said Bill or Act or any other the Premisses notwithstanding For the Equitie and rightwise Reward that the King entendeth to doe to every of his Subgietts for his Merits which shall be to the Pleasure of God and Honour of his Highness and the Weale of all his Lond and People Then follow many particular Exceptions more in Number than in any other of the Acts but under this frugal King we may suppose they are not such as would make the Act ineffectual Besides in this Reign there pass'd several particular Acts of Resumption for which we shall refer the Reader to the Records Rot. Parl. 3 Hen. 7. N. 35. Anno 33. Hen. 7. An Act of Resumption of the Offices or Places of Receivers Auditors Customers Collectors of Customs Subsidies Comptrollers Searchers Surveyors and Places of other Officers Accomptants to the King Rot. Parl. 11 Hen. 7. N. 2. Anno 11. Hen. 7. An Act of Resumption of divers Castles Mannors Lands and Tenements which were formerly given by K. Edward the Third and K. Richard the Second to Edmond de Langley Duke of York Rot. ibid. N. 4. In the same Year an Act for making void all Grants made of the Mannor of Woodstock Ibid. N. 6. In the same Year an Act for making void divers Leases and Offices within the Principality of Wales Dutchy of Cornwall and Earldom of Chester Anno 6. Hen. 8. There pass'd another Act of Resumption which related only to resuming needless Offices and Pensions Rot. Parl. 6 Hen. 8. N. 8. Prayen and in most humble wise beseeshing Your Heyghness Your humble Subjects the Commons in this present Parlement by your high Commandement assembled That where the most Christen Princes King Henry the Sixth King Edward the Fourth and the most famous and renowned Prince of most worthy Memorie King Henry the Seventh your Fader whom God pardon and other your noble Progenitours have kept as honourable Astates as well in their own Persons as in their Housholds and other their Charges as well in defence of this Your Realm as in defence of the Towns of Caleys Guisnes Hammes Berwick and the Marches of the same and other Charges of this Your Realm of the onely Revenues thereof as hath any King or Christen Prince in any oder Christen Region not onely to the great Honour of the same but also to the great ease rest and quietness of the People of the same which caused all other Lands and Realms to have this your Realm in great Renowne Drede and Fear and your said Progenitours to be dradde of all outward Nations And so it is most drade Sovereign Lord that the Revenues of your Lands and other Things late being in your Hands and Possessions be so great mynyshed by reason of the Many fold Yifts Graunts and Releases passed from your Highness since the begynyng of of your most noble Reigne hitherto that the residue therof now remaining in your Hands and Possession in no wyse suffiseth nor can suffise to bear and susteyn your great Charges dayly increasen as well by reason of your Wars now being in hand against your antient Enemies the Scots as of your great Charges in keeping and defence of your City of Tournay late by youre Grace victoriously Conquered and which of very necessity must be maintained and born as accordeth to your Princely Astate and Honour of your Highuesse and suerte of your humble Subjects and of youre Realme In Consideration whereof yt may please your Highness by thadvise of the Lords Spiritual and Temporall in this present Parliament assembled and by Aucthority of the same for the conservation and maintaining of youre most Royal Astate and oder Charges above rehearsed to the Pleasure of God and for youre own Honour and Suerte and also for the universal Wead Ease Rest and Suerte of this youre Realme and Land and for the mynyshyng and lessening of the Charges and Burden of youre said poor Commons and Subjects of the same which your Grace oweth to preferr and specially regarde before the Favour of any particular Persons or earthly Things to take seise resume and have into your Hands from the Feast of Easter next coming all and singular those and such Annuitees Graunted to any Persone or Persones by your Highness by your Letters Patents not for exerciseing of any Office which be not ne at any time of the said Letters Patents made were Rent-Service or Rent-Charge of any Estate of Enheritaunce in your Highnesse and that all the sayd Letters Patents of all the same Annuitees and every of them from the sayd Feast of Ester onely touching the said Graunt of the same Annuitees be utterly void and of no effecte And also that all Letters Patents Grants and Bills signed by your Highnesse made to any Persone or Persones of any Office or Offices or Rowme to be had after the Deth of any Patenteth the same Patentee being yet alive and in Possession by Vertue of his Patent or of the next Avoydance of any Avowsons of Churches Benefices Chauntreys Hospitals Prebends or of any Spiritual Benefices not executed be from henceforth utterly void and of none effecte Then follow some other Regulations relating to Offices Places and Pensions After which there is a Saving for the Peers as to their Creation-Money And then for George Earl of Shrewsbury of and for the Stewardship of Tutbury Parcel of the Dutchy of Lancaster c. sign'd with the King 's own Hand Then follow Savings for several great Officers and for the Queen And then comes a Provision for Offices in the King's Lands Castles and Mannors c. then follow some particular Savings and those not many Resp Le Roy le Veult So that this Prince as Arbitrary as he was gave way to this Resumption made in Parliament The Writer of these Papers tho' it has prov'd a Matter of great Labour has thought it best to set down the very Words of all these Acts of Resumption omitting the Savings which in each Bill are very numerous but to give the Reader Light into the Nature of these Exceptions he did extract all the Savings that were brought into the first compleat Act that pass'd upon this Subject which was 28 Hen. 6. And by those the Reader may judge of the Rest for they which follow'd were much of the like Nature 'T is true his Work will thereby
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
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
He that held the Fee was oblig'd upon Summons to arm himself and follow his Lord's Banner and to stand by him in all Dangers Besides he was Subject to the Payment of Tributes Aids or Subsidies As the Prince conferr'd these Fees upon great Lords and Barons so these Barons came to confer 'em upon others The Germans had anciently something of the like nature but from Italy they pass'd into France and from France into England And certainly it was a wise Institution To give a new People who were to be continually upon their Guard either against the Natives or Foreigners some Interest in those Lands for whose Defence they were so often to expose their Persons When these Northern Expeditions had Success and that a Country was subdu'd there was assign'd to the Prince or he took to himself part of the Land which he Held in Demesne from which and by the Profits and Strength the Tenures produc'd he maintain'd himself in War and in Peace without laying in Ancient Times any other Burden upon his People And without doubt our Kings were most happy when they liv'd upon this Revenue of the Crown which was neither grievous by its Weight or Novelty What the Prince thus receiv'd came chearfully because the People had good Bargains from the Crown 'T is true they who Held by Military Service were at more Expence in time of War but t was the nature of their Tenure and they bore it nor did a Warlike Race of Men dislike now and then to be in Action And 't is probable our first Princes chose to subsist from a Revenue that would be Paid without murmuring and which they might call their own rather than upon the Manufactures and Trade of their Subjects as was practised by Eastern Kings and the Roman Emperors who were always laying fresh Impositions upon their People which ill suited with the free Genius of the Men these Northern Princes were to Govern Those Loads upon Industry high Customs and what we call Excises were afoot in the Roman Empire but not thought of in these Gothick Settlements 'T is true from the time Kings have desired greater Armies than their Crown-Revenues would maintain such Impositions have been reviv'd in these Parts of Europe These Kind of Taxes from which this side of the World had been exempt for several Ages were renew'd by Ambitious Princes who had great Thoughts and small Territory of which kind were Ferdinand and Alphonso of Aragon Kings Guicciard L. 2. 4. of Naples and Lodowick Sforza Duke of Milan who harrass'd their Countries with these sort of Duties to such a degree as at last it produc'd an Universal Defection of their People By these Ways and Means of Raising Money Lodowic Sforza had heap'd up such a Mass of Wealth that not Eight Years before Milan was taken he shew'd several Foreign Ministers by way of Ostentation besides Jewels and other sort of Riches in no small quantity to the Value of One million five hundred thousand Ducats A vast Summ for those Times The Kings of Naples had likewise scrap'd up a great Treasure by the like Methods But what did all this end in These Exactions had so provok'd the People that neither the Innocence nor Vertue of Ferdinand Alphonso's Son nor the dark Wisdom and Subtilties of Lodowick could avail 'em in time of Danger insomuch that they both lost their Dominions to the French without hardly striking a Stroak The Necessities introcuc'd by the long Wars in Italy brought these sort of Taxes more in Vogue and they were chiefly made use of by the little Princes there who Erected to themselves Tyrannies in several Cities Not long after this way of Raising Mony got footing in Spain and the Tax was call'd the * Baudier l' Aminist du Card. Ximen Cap. 3. Alcabala by which the King was to have the Tenth part of all that was Sold or Exchang'd it was first laid towards defraying the Expences of the Wars of Granada against the Moors and continu'd for some time tho' the War was ended but by the Authority of that Great Minister Cardinal Ximenes it was Abolish'd They had likewise Taxes upon the Consumption long agoe in France as in the Reign of †Mezeray vie de Chilp Chilperic which the People thought so burthensome that many therefore deserted their Country and we hear not of 'em again in their Histories till some Ages after and the manner by which they are now Collected in that Kingdom came from Italy But the Ancient Revenue of the Kings of France consisted in Land * Vie de Clotaire Mezeray says Le Revenue des Rois consistoit en Terres ou Domains en Imposts qui se prenoient sur les Gaulois seulment car il estoit odieux d'en prendre sur les Francois on les levoit quelques uns en argent quelques-autres en denres Quand on fit l'arpantage ou partage des Terres les Rois en eurent pour leur Portion quantite des plus belles specialement aux environs des grandes villes Dans toutes ces Terres qui'ls apelloient Villae Fiscales ils avoient des Officers ou serviteurs qui se nommoient Fiscalins celui qui leur commandoit Domestique On amassoit les Provisions de bleds de vins de fourages de Chairs specialement de Venaison de Porc. And as to Excises Gabels and high Duties upon Trade they were unknown among the Founders of the English Government or of the Kingdoms round about us We have been compell'd to look thus far backward and to repair to the Fountain-head and Original of this Government in order to illustrate what we are going to lay down in this Section which is I. That in Forming this Constitution our Ancestors took care to make ample Provision for Maintaining the King's Crown and Dignity II. That when those Lands and Revenues had been parted with which were allotted for his and the States Service Parliaments have seldom fail'd to Relieve and Restore his Affairs by Acts of Resumption William the Norman when he had subdu'd Harold and got quiet Possession of the Crown made a general Survey of the whole Kingdom There was already a Survey remaining at Winchester which had been taken by King Alfred's Order about Two hundred Years before William's Survey was call'd Doom's-Day-Book in which there was set down a Catalogue of all the Tenants in Capite or Serjanty that Held Lands in every County In this Accompt the King is always plac'd first and His and the Crown Lands describ'd under the Title of Terra Regis and in every one of these Counties the King had Lands and Mannors The Great and Little Doom's-Day-Book contain'd the Description of all England Westmoreland Cumberland Northumberland and part of Wales excepted There were Appropriated to the Crown * Vide Domes-day Book 1422 Mannors or Lordships besides Lands and Farms in Middlesex Shropshire and Rutlandshire over and above which there were Quit-Rents paid
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-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
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
le Roy ne soient restreints per vertue de ceste Ordeinance mais qils soient paiez come ils ont este accustumez de estre paiez devant ces heurs Ibid. N. 22. Item Qe chascun home feme de qel estat ou condition qils soient qont ascuns Chastelx Manoires Terres ou Tenements Rents ou autre Possessions qelâ—onques du Grante du Roy Richard ou de Roy qorest qe ils soefrerent chascun de eux soefrera mefme nostre Seignour le Roy de avoir enjoier les Profits de mesme les Chastelx Manoirs Terres Tenements Rentes Possessions qeux ils ont ensi a terme de vie ou des Ans de le dit Feste de Pasche darrein passe tanqa lendemayn avantdit Et qe le Roy ent seit respondus a son Escheqer Forpris Fees Advoesons Gardes Marriages autres Casueletees as Chastelx Manoirs Terres Tenements Rentes Possessions avant dits appurtenants Et forpris les Chartelx Manoirs Terres Tenements Rents Possessions Fee Farmes Annuities les Profits Commoditees Assignees au Reigne en Dower ou donez ou grantez a les Fitz du Roy a chascun de eux Et forpris ceux qont ascuns Annutees per Grant ou Confirmation a eux ou a lour Ancestres fait en Parlement Et forprises auxi les Chastelx assises sur les Marches Descoce ou de Gales ou sur les Coustes de Mer. But there seems to be given a Power to the King by his advice of Council to Resume his Lands from such as have more than they deserve Ibid. N. 23. â— Item Qe Proclamation soit fait en Chascun Contee Dengleterre qe 〈◊〉 ceux qont ascuns Annuitiees 〈◊〉 Manoirs Terres Tenements Fee Fermes Fees ou Gages ou autre Grant qeconqe dascune value annuelle a terme de vie ou des Ans du Grante du Roy Edw. Aiel nostre Seignour le Roy puis le an qarantisme du dit Roy Edw. oâ— de Roy Richard ou de Roy qorest envoient ou portent devant le Roy son Counseil perentre cy le Feste de Chandeleure prochain a venir a pluistard les Copies de lour Lettres Patentes a eux faits per les Roys suisdits sur peine de forfaire mesme les Lettres Patentes au fyn qe nostre dit Seignour le Roy per advys de son Conseil purra ordeigner qe ceux qont fait bon service eient enjoient lour dites Lettres Patentes les autres qe nount deservies soient tout outrement oustez de lours dites Lettres Patents Et auxint de ceux qont pluis qe ne ont deserviez qe le dit Roy per advys de son dit Counseil purra faire Moderation come mieltz luy semblera Anno 7 8 Hen. 4. The Commons Pray the King That no Lands to be Conquer'd from the Welch should be granted away in a Quarter of a Year from the time such Lands should be taken in The King among other things Answers That he will not grant away such Lands till he is inform'd of their Value * Rot. Par. 7. 8. H. IV. N o 15. Item Le dit Mr. John Pria pur les dits Communes qe les Chatelx Seignouries Terres Tenements en la Terre de Gales qe desore per la Grace de Dieu seront conqis ou gaignez sur les dits Rebealx ne soient donnes a uully per le espace dun qarter dun Apres ceo qils seront ensi conqis ou gaines A qoy le Roy respendi qil se veilloit abstenir deascun tiel don faire a uully tanqe al temps qe il feroit enformez de la value dycelles Et si ascun â—ieâ— don deslors se feroit qil le vorroit faire as tielx Persones qe voillent demeurer suâ— la conqest de la Terre de Gales suisdits In the same Parliament the Commonâ— Pray That certain Foreigners by Name may be Banish'd the Kingdom which the King agrees to and in his Writ to the Sheriffs of London directs That such Foreigners should produce such Grants of Land as they had obtain'd from Him the Queen or from others * Ibid 29. Iteâ— Samedy le 8 jour de May a les souveâ—â— priers reqestes des Communes accordâ— feust per nostre Seignour le Roy les Seignours Esprituelx Temporelx 〈◊〉 touts les Aliens des qeux les noms 〈◊〉 comprises en une Cedule laqelle 〈◊〉 livree al Seneschal del Houstiel du Roy voidant la Roialme devant un certain jour compris en le Brief de Proclamation ent fait come per la tenure dycellâ— brief enroulle en la Chancellerie y purra apparoir And the King in his Writ to the Sheriffs Directs among other things ' Quodque omnes singuli Alienigenae praedicti qui aliqua Terras Tenementa Annuitates sive Concessiones quaecunque in Feodo simplici vel Talliato sive ad terminum vitae vel annorum ex Concessione nostra sive ex Concessione charissimae Consortis nostrae Reginae Angliae sive aliorum Ligeorum nostrorum per litteras sive scripta eis inde fact obtinent quovismodo hujusmodi Litteras sive scripta nobis in Cancellaria nostra liberent indilate ad finem quod visis Litteris scriptis praedictis inde fieri jubere valeamus quod de jure secundum legem consuetudinem Regni nostri Angliae fore viderimus faciendum Anno 11. Hen. IV. The Commons Pray That for ever hereafter no Grant may be made of any Hereditament or other Profits of the Crown except Offices and Bailiwicks till the King shall be quite out of Debt and unless there be remaining in his Coffers sufficient for the Provision of his â—amily To which the King agrees directly without Reservation till his Debts be paid or unless there be sufficient Provision for his Family and with Reservation for the Queen His Sons and for the Duke of York and the Lord Grey * Rot. Parl. 11 Hen. IV. N o. 23. Item Qe nulles Chastelx Honours Seignouries Manoirs Villes Terres Tenements Franchises Reversions Libertees Forrestes Fees Advoesons Eschetes Forfaitures Gardes Marriages ou autres Revenues qeconqes ove lours appurtenances forpris Offices Baillies en temps ensuivants es Mains nostre dit Seignour le Roy ou a ses Heirs Rois Dengleterre a eschiers ou a venirs ne soient en nulle manere donez ne Grantez a ascune Persones si ne soit al profit Oeps nostre dit Seignour le Roy pur la Sustenance de son Houstiel Chambre Gardâ—robe tanqe tous ses dettes a ses Lieges a present dues soient pleinement paiez deslors enavant continuellâ—ment resonable Substance remaignant eâ— mains nostre dit Seignour le Roy ses Heirs Roys Dengleterre pur la sustenance
But 't is left to the Gentlemen of the Long Robe to determin in this Point However tho' this Doctrin of Non Obstantes invented perhaps first to enlarge the Prerogative for the People's benefit and made use of afterwards to extend it to the King and People's Damage may have heretofore receiv'd Countenance in Westrninster-hall there is another Place where in no Age it has met with Favour And the Reasons why so many Resumptions have been made might be First That it gave Offence to the Legislative Authority to see the Ministers make use of this dispensing Power Secondly That it appear'd the Suggestions were wrong upon which the Grants were grounded That is that the Soveraign did not proceed Ex certa Scientia namely that he was surpris'd and misinform'd in the value of the Thing given That he did not proceed Ex mero motu but that the Gift was wrested from him by his importunate and undeserving Courtiers That he did not proceed Ex Speciali Gratia but was rather induc'd to bestow the Favour through the necessity of his Affairs to quiet some great Man or to please some powerful Party And in all probability upon such or the like Accompts Parliaments have look'd into Grants and the best Princes have not thought it dishonorable to join in Revoking what had been thus Extorted from them And as to the distinction which the Lawyers make between Directive and Coercive Admit the Forms by which the Law has directed all Grants shall pass should be only Directive to the Soveraign and devised for his greater Ease and Safety yet without doubt they are Coercive to his Ministers No Law-givers ever intended that a solemn Law made upon mature Deliberation and prescribing a Rule in high Affairs of State should have no effect at all But the 27 Hen. VIII which Chalks out to the Secretary Lord Privy Seal and Lord Chancellor the regular Steps they are to make in passing Grants would be of no sort of signification if they may pass per Saltum and by immediate Warrant without being enter'd in the several Offices When Parliaments advise the Prince 't is humbly submitted to his Wisdom whether or no he thinks fit to approve of their Councils But when by a written Law they give Advice and lay down Rules and Directions in Matters of State for the Ministers to walk by and observe without doubt they intend Advice so solemnly given should be follow'd Hitherto we have mention'd the Cautions Provisions Restrictions and Forms which our Ancestors establish'd and made use of to preserve the King's Revenue by which the Publick was to be supported But notwithstanding all this the Wickedness of Men was either too Cunning or too Powerful for the Wisdom of the Laws in being And from time to time Great Men Ministers Minions and Favourites have broken down the Fences contriv'd and settled in our Constitution they have made a Prey of the Common-wealth plum'd the Prince and converted to their own Use what was intended for the Service and Preservation of the State We shall therefore proceed to show That to obviate this Mischief the Legislative Authority has all along interpos'd with Inquiries Accusations and Impeachments till at last such dangerous Heads were reach'd For as Courts have been watchful to Rob the Prince so antiently the Barons and afterwards Parliaments from time to time have been as vigilant to prevent his Ruin showing in the progress of their Councils great Wisdom mixt with Duty and Temper join'd with Courage The first Great Person whom we find question'd since the Norman Government was Ranulphus Bishop of Durham who bore the Office of what we now call * Dugdale Series Chronica p. 1. Lord Treasurer of England in the time of William Rufus This Man had been the Principal Instrument of the Profusion and of what is its Consequence those Extortions that disgrac'd the Reign of Rufus Of whose times William of Malmsbury speaking says None were then Rich but such as dealt with the Exchequer * Will. Malms p. 123. Nullus Dives uisi Nummularius This wicked Minister was brought to Punishment by Henry I. who cast him into Prison and loaded him with Chains Matthew Paris says †Mat. Paris p. 56. De Communi Consilio Gentis Anglorum posuit eum Rex in vinculis Malmsbury gives him this Character * Wil. Malms p. 123. Radulphus Clericus ex infimo genere hominum Lingua Assiduitate provectus ad summum Expilator Divitum Exterminator Pauperum Confiscator alienarum Hereditatum Invictus Caussidicus cum verbis tum rebus immodicus nec aliorum curaret odium dummodo complaceret Dominum It seems he was a little insolent Fellow who by his fluent Tongue and cringing at Court had got Power enough to do much hurt in England A mischievous Tool against the Publick as well as an Oppressor of private Men Subtle to invent Wickedness and Bold to put it in Execution and one who would stick at nothing to raise himself Matthew Paris speaking of him says he was †Mat. Paris p. 56. Homo perversus ad omne Scelus paratus quem Rex constituerat Procuratorem suum in Regno ut evelleret destraeret raperet disperderet omnia omnium bona ad Fifci Commodum comportaret We have thus painted out this Statesman in the Colours as he is represented by those two Venerable Writers And he so much resembles several bad Ministers who in the Ages since have succeeded both to his Post and Power that one would think they had chosen to take him for their Pattern In the 5 of Edward II. Pieres de Gaveston was accused in Parliament for having given the King ill Council and for having cheated the King of his Treasure and sent it beyond Sea and for having Estranged the King's Heart from his People so as he slighted their Councils and for having remov'd all faithful Ministers and plac'd only his own Creatures or Foreigners about the King and for having caus'd the King to grant Lands Tenements and Offices to himself and his Heirs and to divers other People insomuch that by his Wealth he was become dangerous to the great damage and injury of the King and his Crown For which he was Banish'd the Realm so as if he return'd he should be treated as an Enemy to the King Kingdom and People But take the Words of the Record because 't is very curious Rot. Ord. 5. Edw. 2. Num. 20. Purceo qe conue chose est per le examinement de Prelatz Countes Barouns Chivalers autres bones Gentz du Roialme trovez qe Pieres de Gaveston ad Malmeuez mal Conseillez nostre Seignour le Roy lad enticee a malfaire en divers Manieres deceivances en accoillant a lui toute le Tresor le Roi lad esloigne hors du Roialme en attreant a lui royal Poer royal Dignite come en aliaunce faire de Gentz par sermentz
de vivre morir ovesqe lui encountre touts Gentz ceo par le Tresor qe il purchace de jour en jour enseignurant surlestate le Roy de la Corone en destruction du Roi du Peuple especialment enloignant le cuer le Seignour de ces liges Gentz en despisant lours Counseils nient soeffrant bons Ministers faire ley de Terre en ostant les bons Ministers mettant ceux de sa Covine ausi biens Aliens come autres qi a sa volunt a son commandment offendent droit et ley de Terre en parnant Terres Tenements et Baillies du Roi a lui et a ses Heires Et ad fait qe le Roi ad done Terres Tenements de sa Corone as divers Gentz a grand damage et decrese de l Estate le Roi et de sa Corone Et ceo ausi bien puis l ordeinement qe le Roi granta as Ordeinours de faire au profit de li et de son People come devant encountre l ordeinement des Ordeinours Et maintient Robbeours Homicides et les fait avoir le chartre le Roi de Peez en donant hardement a mesfeseurs de pis faire et menant le Roi en Terre de Guerre sauz commun assent de son Barnage en peril de son Corps et en destruction du Roialme Et en fesant sealer blanches Chartres desoutz le Grand Seal le Roi en deceit et desheritance du Roy et de sa Corone et encontre son Homage et felonesement fauxment et treterousment ad fait les choses susdites a grand dishonour et damage du Roi et desheritison de la Corone et a destruction du People in moults maners Et ovesqe ceo nous eantz regard a lez faits le tresnable Roi Pere le Roi qore est par qi Agard lavant dit Pieres forsjura le Roialme d Engleterre et voleit qe nostre Seignour le Roi son Fitz forjurast a touz jours la Campaigne de lui et qi puis par comun assent de tout le Roialme et du Roi et de lui mesmes les Prelatz Counts et Barouns autrefoitz estoit agardez de meisme le Roialme voider et voida et qe son retorner nestoit unqes par comun assent mes solement par assent des ascuns persons qi souz Condition si bien se portast apres son retourner a ce se assentirent Et ore certainement est troves son mal port pur qeuâ—port et pur Les grandes mauvaisetees Susdites et pur plusors autres qe purront aveiner a nostre Seignour le Roi et a son People et pur bon accord nurrer entre le Roi et ses Gentz et moltes maniers de discordes et perils eschuire Nous ordeinous par vertue de la Commission nostre Seignour le Roi a nous grantee qe Pieres de Gaveston come apiert Enemy le Roy et de son People soit de tout exiles auxi bien hors de Roialme d Engleterre d Escoce d Irland et de Galles come de â—oâ—e la Seignourie nostre Seignour le Roy auxi bien dela la mere come de cea a touz jourz sans james returner et qil voide le Roailme d Engleterre et totes les Terres susdites et tout outriment la Seignourie nostre Seignour le Roi entre ci et la Fest de toutz Seintz prochein avenir Et luy donons Port a Dover en la forme susdite et nuelle parte aillours a passer et a voider Et si le dit Pieres demoerge en le Roialme d Engleterre ou uuelle parte aillours en la Seignourie nostre Seignour le Roi outre la dit jour qe done luy est de voider et de passer come est susdite Adunqe soit fait de luy come del Enemy du Roi et du Roialme et de son People Et qe touz ceux qi desormes voant encontre cest ordeinement en droit du dit Exile ove le peine qe sensuit soit fait de eux solone ceo qe y appent si de ceo soint atteintz Pieres Gaveston at first was a Man only in the King's Pleasures but as weak Princes often remove Men from their Pleasures into their Business so Gaveston became presently a Minister of State For the Records show that he was Guardian and Lieutenant of the Kingdom in the King's Absence with very immoderate Powers and afterwards he was constituted * Pat. 1. Ed. 2. m. 3. Lieutenant of Ireland but the extravagant Honours and Favours conferr'd upon him and the Lands he got from the King drew as all our Historians witness the Indignation of the Parliament upon him †Walsing p. 99. Tho. Walsingham says that the Barons Librato utrobique Periculo inveniunt quod vivente Petro esse non poterit Pax in Regno nec Rex abundare Thesauro And so they never rested till he was banish'd the Kingdom * 5 Edw. 2. Rot. Parl. Nu. 22. In the same Parliament Henry de Beaumont was likewise accus'd for that to the damage and dishonour of the King he had receiv'd the Kingdom of Man which the Lords whom the King had consented should be of his standing Council thought fit should remain to the Crown And for that he had procur'd from the King to himself other Rents Lands Franchises and Offices And for that he had procur'd for others the Grants of Lands Rents Tenements Franchises and Offices And for that he had given evil Council to the King contrary to his Oath For all which the Judgment upon him was That he should be outed the King's Council for ever and not come near the King's Person unless he were summon'd to Parliament or call'd upon to attend the King in his Wars Or unless it were by common Assent of Archbishops Bishops Earls and Barons in full Parliament and that all his other Lands should be seiz'd into the King's Hands until the King should be satisfy'd the full value of what he had receiv'd from those Lands so granted to him by the King It seems likewise that in this Reign the Ladies were Begging and Intreaguing at Court For the Lady Vescey was * Rot. ibid. Nu. 23. accus'd for having prevail'd upon the King to give Sir Henry Beaumont her Brother and to others Lands Franchises and Offices to the Damage and Dishonour of the King for which she was order'd to repair to her own House without ever returning to Court to make stay there 'T is true as we have noted before the King got this whole Act repeal'd at the Parliament held at York 15 Edw. 2. but it was just after he had made a War upon his People and put to Death the * Tho. Walsing p. 116. Earl of Lancaster of the Blood Royal and Eleven or Twelve of the other Peers of
England And what succeeded to this unfortunate Prince upon such an extraordinary Act of Violence is but too manifest The Ministers and Promoters of all the Irregularities committed by that King were the two Spencers Earls of Winchester and Glocester who were put to death in a tumultuous manner * Col. 2547. Knyghton indeed says the Earl of Glocester was arraign'd before Sir William Trussel Justiciarie Dominus Hugo Spencer ductus coram domino Willielmo Trussell Justiciario areniatus est coram eo ad Barrum One of the principal Heads of the Accusation against Hugh Spencer was for that he had advised the King to give and grant unto the false Traitor the Earl of Winchester Andrew Harkely and to himself Lands appertaining to the Crown in disherison thereof * Kâ—yghâ—on Col. 2548. Hugh apres celle maveiste vous Consellastes nostre Seignour le Roy en desheritaunce de sa Coronne a doner vostre Piere que fuist faux Traytour le Conte de Wyncestre Andrewe de Harkely Traytour notorye attaynte le Conte de Cardoyle Et a vous Hugh la Terre de Cantermaure altres Terres que furont proprement Appurtenancez a la Coronne For which and for other Crimes he was condemned and Executed Among the Articles exhibited in Parliament Anno 4. Edw. 3. against Roger Mortimer Earl of March two of 'em are for procuring to himself Grants of the Crown-Revenue That he caused the King to make him Earl of March and to give Him and his Heirs many Lands in Disherison of the Crown And that the said Roger caused the King to give to Him and his Children and Confederates Castles Towns Mannors and Franchises in England Ireland and Wales in decrease of the Revenues of the Crown Judicium Rogeri de Mortimer * Rot. Parl. 4 Edw. 3. Et a mesme le Parlement per son dit Royal Poer a luy accroche fist tante qe nostre Seignour le Roy luy fist Conte de la Marchie luy dona plusours Terres a luy a ses Heirs en desheritance nostre dit Seignour le Roy de sa Corone Item le dit Roger per son Royal Poer a luy accroche fist le Roy doner a luy a ses Enfantz a ses Alliez Chastelx Villes Manoirs Franchises en Engleterre Irland Gales en decrese de sa Corone Rot. ibid For this and for other Crimes of which some were judg'd to amount to Treason he was condemned to be hang'd at Tyburn and the Sheriffs of London were order'd to attend the Execution In the 10th of Richard II. Michael de la Pool Earl of Suffolk was Impeach'd in Parliament upon several Articles the Principal of which was For that being Lord Chancellor and sworn to promote the King's Profit he had purchas'd of the King Lands Tenements and Rents of a great Value against his Oath and such Grants being more than he deserv'd considering the great Poverty of the King and Kingdom To which he answer'd that he had no Lands of the King but since his being created Earl and that by way of Exchange To which the Commons reply'd by showing the Oath he took when he was made Lord Chancellor the Effect whereof was for doing Justice observing the Laws Councelling the King and not to suffer any Damage or Disherison of the Crown and that by all means he should promote the King's Profit And hereupon because he confess'd the Gift of the Lands to him whilst he was Chancellor and that during the same time the Exchange was made of good Lands for a Casual Custom at the Port of Hull they inferr'd that the same was not for the King's Profit according to the Tenor of the Chancellor's Oath And therefore they pray Judgment The Judgment against the said Earl was That for Breach of his Oath all the said Mannors and Hereditaments which he had of the King's Gift should be seiz'd into the King's Hands together with all the mean Profits saving to the Earl his 20 l. per Annum Creation-Mony in the County of Suffolk But take the Words of the Record as far forth as they relate to the present Matter Rot. Parl. 10 Ri. 2. P. 1. Num. 1. Premierement qe le dit Conte estant Chanceller jure de faire le Profit du Roy purchassa de nostre Seignour le Roy Terres Tenements et Rents a grand value come piert per Recordes Rolles de la Chancellerie encontre son serment La ou il n'avoit tant desservi considerez la grante necessite du Roy et du Royalme et outre ce a cause qe le dit Conte fust Chanceller au temps du dit Purchasse faite les dites Terres et Tenements furent extendus a meindre value qils ne veillent per an per grant some en deceite du Roy. Rot. ibid. Nu. 6. Qand al premier Article de son Empechement cest assavoir depuis qil estoit Chanceller qil deust purchasser certeins Terres du Roy c. Le dit Conte respond qe depuis qil fust Chanceller il ne purchassa unqes nulles Terres ne Tenements du Roy ne le Roy luy donna ne al nully des soins nulles Terres ne Tenements tant qe aux temps qe le Roy fist prendre l'estat du Conte mes per voie de verrai Exchange Cest assavoir qe come le dit Conte avoit CCCC Marcs annuelx sur la Custume de Kyngston sur Hull per descente de Heritage pur qeux il pleust au Roy d assigner au dit Conte Terres et Tenements a la value et assignee et ordonna partie devant qil fust Chanceller et partie depuis et ce au profit du Roy si bien annuellement come par Cause de une Some de mille Marcs paiees ou Roy per le dit Conte pour celle cause c. Then he proceeds to give several Particulars of the Agreement and to set forth his Merits and that the King made him take the Honour of Earl upon him without his seeking and how he was persuaded to be Chancellor But it seems the Parliament did not take his Answer to be sufficient for the Commons reply'd in the Words following Rot. ibid. Num. 8. Et les Communes replians al responce du dit Conte del premier Article Monstrent as Seignours la Copie de son serment fait qant il fust Creez Chanceller en maniere quensuit Vous Jurrez qe bien et Loyallement servirez a nostre Seignour le Roy et a son People en l office de Chanceller et droit feres as toutes Gens pouvres et riches seloncles lois et usages du Royalme et loyalement conseillerez le Roy et son Conseil sellerez et qe vous ne saverez ne sufferez le damage ne desberitison le Roy ne qe les droitures de la Corone soient destruits per nulle
Coâ— 1. It was an Article against the Duke of Buckingham that he had such a Multiplicity of High Offices in the State as no one Person could well and truly discharge That for his own particular Gain he had sold Patents to be Peers of England to the prejudice of the Gentry and dishonour of the Nobility of this Kingdom That besides his great Employments and the Profits thereunto belonging which might have satisfy'd any moderate Ambition He had procur'd to himself several Grants of the Crown Revenue amounting to a high Value But that the Reader may have this matter of Impeachments more fully before him we shall here incert the three Articles which have Reference to our present subject tho they are already publish'd in Rushworth Rush Coll. 1 vol. p. 306. Art I. That whereas the Great Offices expressed in the said Duke's Stile and Title heretofore have been the singular Preferments of several Persons eminent in Wisdom and Trust and fully able for the weighty Service and greatest Employments of the State whereby the said Offices were both carefully and sufficiently executed by several Persons of such Wisdom Trust and Ability And others also that were employ'd by the Royal Progenitors of our Sovereign Lord the King in Places of less Dignity were much encouraged with the Hopes of Advancement And whereas divers of the said Places severally of themselves and necessarily require the whole care industry and attendance of a most provident and most able Person He the said Duke being young and unexperienced hath of late Years with exorbitant Ambition and for his own profit and advantage procured and ingrossed into his own hands the said several Offices both to the danger of the State the prejudice of that Service which should have been performed in them and to the great discouragement of others who by this his procuring and ingrossing of the said Offices are precluded from such hopes as their Vertues Abilities and Publick Employments might otherwise have given them p. 334. Art IX Whereas the Titles of Honour of this Kingdom of England were wont to be conferred as great Rewards upon such virtuous and industrious Persons as had merited them by their faithfull Service the said Duke by his importunate and subtle Procurement had not only perverted that antient and most honourable Way but also unduly for his own particular Gain he hath enforced some that were rich though unwilling to purchase Honour as the Lord R. Baron of T. who by practice of the said Duke and his Agents was drawn up to London in or about October in the Two and twentieth Year of the Reign of the late King James of famous Memory and there so threatned and dealt withal that by reason thereof he yielded to give and accordingly did pay the summ of Ten thousand pounds to the said Duke and to his use For which said Summ the said Duke in the Month January in the Two and twentieth Year of the said late King procured the Title of Baron R. of T. to the said Lord R. In which practice as the said Lord R. was much wronged in this particular so the example thereof tendeth to the prejudice of the Gentry and dishonour of the Nobility of this Kingdom p. 340. Art XII He the said Duke not contented with the great Advancement formerly received from the late King of famous Memory by his procurement and Practice in the fourteenth Year of the said King for the support of the many Places Honours and Dignities conferred on him did obtain a Grant of divers Manners Parcel of the Revenue of the Crown and of the Duchy of Lancaster to the yearly value of One thousand six hundred ninety seven pounds two shillings half-penny farthing of the old Rent with all Woods Timber Trees and Advowson part whereof amounting to the Summ of Seven hundred forty seven pounds thirteen Shillings and four Pence was rated at Two and thirty thousand Pounds but in truth of a far greater Value And likewise in the Sixteenth Year of the same Kings Reign did procure divers others Manners annexed to the Crown of the yearly value at the old Rent of Twelve hundred Pounds or thereabouts according as in a Schedule hereunto annexed appeareth In the Warrant for passing of which Lands he by his great Favour procured divers unusual Clauses to be incerted viz. That no Perquisites of Courts should be valued and that all Bailiffs Fees should be reprised in the Particulars upon which those Lands were rated whereby a President hath been introduced which all those who since that time have obtained any Lands from the Crown have pursued to the damage of his late Majesty and of our Sovereign Lord the King that now is to an exceeding great Value And afterwards he surrendred to his said Majesty divers Mannors and Lands parcel of those Lands formerly granted unto him to the Value of Seven hundred twenty three Pounds eighteen Shillings and two Pence Half-peny per annum in consideration of which surrender he procured divers other Lands of the said late King to be sold and contracted for by his own Servants and Agents and thereupon hath obtained Grants of the same to pass from his late Majesty to several Persons of this Kingdom and hath caused Tallies to be stricken for the Money being the Consideration mentioned in those Grants in the Receipt of the Exchequer as if any such Moneys had really come to his Majesties Coffers whereas the Duke or some other by his Appointment hath indeed received the same Summs and expended them upon his own Occasions And notwithstanding the great and inestimable Gain by him made by the sale of Offices Honours and by others Suits by him obtained from his Majesty and for the countenancing of divers Projects and other Courses burthensome to his Majesty's Realms both of England and Ireland the said Duke hath likewise by his procurement and practice received into his hands and disbursed to his own use exceeding great Summs that were the Moneys of the late King of famous memory as appeareth also in the said Schedule hereunto annexed And the better to colour his doings in that behalf hath obtained several Privy-Seals from his late Majesty and his Majesty that now is warranting the Payment of great Summs to Persons by him named causing it to be recited in such Privy-Seals as if those Summs were directed for seeret Services concerning the State whicâ— were notwithstanding disposed of to his own use and other Privy-Seals by him have been procured for the discharge of those Persons without Accompt and by the like fraud and practise under colour of free Gifts from his Majesty he hath gotten into his hands great Sums which were intended by his Majesty to be disbursed for the preparing furnishing and victualling of his Royal Navy by which secret and colourable devices the constant and ordinary course of the Exchequer hath been broken there being no means by matter of Record to charge either the Treasurer or Victualler of
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
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
to particular Nations that there never was a Common-wealth without a Publick Stock which was either great or little sometimes according as the State continued in Peace or was harrass'd with Wars but most commonly according to the Prudence or Weakness of such as Govern'd for there have been Examples as shall be shewn by and by of States wisely rul'd whom Wars have inrich'd and of others loosely manag'd that have been impoverish'd in times of the profoundest Peace Commonwealths either in their first Institution have alotted part of their Territory or in their further Progress have assign'd part of the Lands coming to 'em by Conquest for the constant Services of the State both in War and in Peace and this they probably did that they might not be compell'd at every turn to call upon the People for Contributions Where the Government has been by a Single Person the Prince has had his Portion of Land for his domestick Expences as appears in the Instance of Tarquin whose Fields upon his Expulsion were made Publick but the Burthen of any War lay upon the whole In the Kingships settled by the Hunns Goths and Vandals where the Expedition was at the Common Expence of all the Conquer'd Country was divided The Prince had his Proportion his principal Captains and Commanders had theirs and the Common Soldier was not without his Share Thus Genserick King of the Vandals when he prevail'd in Africk reserv'd to himself the Provinces Bizacena Azuritana Getulia and part of Numidia and to his Army he destributed by way of Inheritance Zeugitana and Affrica Proconsularis In the Establishments made by the Northern Nations in consideration of the Lands so held certain Services were due from the Soldier to his Captain and from the Captain to the Prince and upon the strength of such Tenures in after times the Descendants of these People and their Kings did subsist and make their Wars but of this in another place What they thus took or what was alotted to 'em as their Share by Compact among their Followers Good Princes have always reckon'd as belonging to the Publick and they always made a Distinction between what they held in their Private Capacities and what they held as Publick Persons and Heads of the Commonwealth And tho in the Eastern Monarchies erected by Force and which were Invasions upon the Common Rights of Mankind the Prince might account himself Supream and uncontrollable Lord of the whole and not bounded by any Laws and tho these Tyrants look'd upon the People as no better than so many Herds of Cattle yet it was not so in the Roman Government as 't was model'd by Augustus and as he meant it should be transmitted to his Successors and most certainly it was otherwise in the several Kingdoms erected by the Hunns Goths and Vandals upon the Ruins of the Roman Empire All which shall manifestly appear in the Series of this Discourse Good Princes have not only made a Distinction between what was their own Patrimonially as the Civil Law Books term it and what the Stte had an Interest in but many of them as we shall show by and by in Care of the Publick and right Oeconomy have equal'd the most prudent Commonwealths And no doubt such Thrift was always esteem'd a Point of the highest Wisdom because the expences of War consider'd even in the remotest times shatter'd indigent Governments and wanting Princes have been seldom known to compasa great things besides being without Money the Nerves of War they are obnoxious to the Insults and Invasions of their Neighbours not but that wealthy Countreys have been and may be invaded but we mean that those Nations are most liable to be over-run and conquer'd where the People are Rich and where for want of good Conduct the Publick is poor Moreover there are infinite Examples in History of Kings whose Necessities have made Taxes too often repeated the only Fault in their Reigns and who have thereby lost the Affection of their Subjects But setting aside the Dangers Foreign and Domestick that arise from Profusion in what belongs to the Publick it depraves all the different ranks of men for in profuse Governments it has been ever observ'd that the People from bad Example have grown lazy and expensive the Court has become luxurious and mercenary and the Camp insolent and seditious Where wasting the Publick Treasure has obtain'd in a Court all good Order is banish'd because he who would promote it and be frugal for his Prince is look'd upon as a common Enemy to all the rest Virtue is neglected which raises men by leisurely steps when Vice and Flattery will in a little time in a Ministry who mind not what is given away bring a man to a great Estate nor is Industry cultivated where he does his business sufficiently who knows which way to apply and how to beg in a lucky and critical moment And at such a Season many of the Peoples Representatives lose their Integrity when they see others running from every Bench to share in the universal Plunder of a Nation Kings reduced to Streights either by their own or by the negligence of their Predecessors have been always involved in dark and mean Intreagues They have been forc'd to court such as in their Hearts they abhor and to frown upon those whose Abilities and Virtues they secretly approve of and Reverence instead of being Heads of the whole Commonwealth as in Law and in Reason they ought to be they have often been compell'd to put themselves in the Front sometimes of one and sometimes of another Party as they saw it prevalent A Policy in the end ever fatal to Rulers Being intangled they have been constrain'd to bring into the cheif Administration of their affairs Projectors and Inventors of new Taxes who being hateful to the People seldom fail of bringing Odium upon their Master And these little Fellows whose only skill lies that way when they become Ministers being commonly of the lower Rank of Understandings manage accordingly for their own Ignorance in matters of Government occasions more necessities than their Arts of raising Money are able to supply but wanting States make use of these sort of men and Princes often think they are well serv'd by such because now and then they can palliate present Evils but they do but film over a Sore which breaks out afterwards with greater Rancour whereas able Statesmen would obviate the Mischief in its growth and by wholsome Councels restrain their Masters Bounty before he has nothing left to give and before his People are weary of feeding endless Expences But one of the worst Effects of Poverty in a State is that it frights such as are able to mend things men of sublime Skill Integrity and Virtue from meddling in Affairs for they well know how clamorous slippery and difficult the Ministerial Part of Government proves when a Nation is plung'd in Debts which generally in all times have produc'd so many Hurricanes and popular Storms
as have made wise men at such a season not desire to hold the Helm and this has fatal Consequences for then the Ship is left to the Guidance of giddy and unskilful Pilots All this good Princes have ever observ'd and when either the greatness of their Minds or the Benignity of their Nature has led them to be too open handed they have retreated as soon as possible from so false and dangerous a step But lest they should be careless in a point so necessary to the Common welfare and so much for their own Preservation the Wisdom of the Laws has provided for their Safety in this matter which fence the Prince's Revenue with divers Constitutions and Restrictions all intended to preserve it from the Rapine of those about him in order to which the Politic of well near all Countries has contriv'd that his Gifts should pass and be register'd in several Offices to the end that either some faithful Minister should put him in mind or that he himself should have leisure to repent of Liberalities detrimental to the Publick Not only the Law of this Kingdom but of other Places and the Roman Laws provide that the Prince should not be deceiv'd in his Grants for he whose Thoughts are employed in the weighty Cares of Empire is not presum'd to inspect minuter things so carefully as Private Persons The Laws therefore relieve him against the Surprizes and Machinations of Deceitful Men. For his further Security the Laws likewise inflict severe Punishments upon those who defraud him in his Stores Treasure or Revenues counting such Publick Robbers more Criminal than petty and common Theives But the Laws seem chiefly levell'd against those in whom he reposes the greatest Trust therefore the Legislative Power of all Countrys has rigorously animadverted upon such Ministers and Officers through whose Fraud Negligence or Crime his affairs have suffered any damage of which in its proper Place we shall give variety of Presidents And when he has been exhausted by the too great Munificence of his own Temper and through the false Representations and subtle Contrivances of those about him and when thereby the Publick has become weak ruined and unable to protect it self he has been assisted by the Laws and such as have been vigilant for his safety jealous of his honour and careful for the common Good have thought it their Duty to look into his Gifts and to resume his Grants of which we shall give divers Instances and Examples But notwithstanding the Wisdom of the Laws and of Law-makers it has been always a Point of the highest difficulty to keep within its proper Veins this Lifc blood of the Body Politick so prone have corrupt Ministers ever been to urge Princes to needless and destructive Bounty especially when they themselves are to be the largest sharers in it Kings are the Fathers of their Country but unless they keep their own Estates they are such Fathers as the Sons maintain which is against the order of Nature who makes all these Cares descend and places Fostering Nourishment and Protection in the Parent but the Prince is our common Father and therefore all that tends to his Safety Ease and State is due to him however the less he is necessittaed to depend upon his Children the more he is respected And Kings are not to accompt themselves Fathers of a Party only or of none but those who rush into the Presence and whisper to 'em they are Fathers of the whole Body of the People They are not to reckon themselves Fathers of of their Favorites only as Harry the 3d of France did who said he Would grow a good husband when he had marryeâ— his Children the Dukes of Joyeuse and Espernon Their Paternal Affection is to reach to all their subjects And as in a private Family Partiality to one Brother begets Hatred and Divisions so in a Nation it produces Discontent and Heartburnings to see three or four without any superior Merit lifted high over all the rest inriched with the Universal Spoils of a Country and wallowing in Luxury and Wealth while the whole People groans under heavy Burthens Not that Mankind repine that the Prince should have Friends with whom he may communicate his Thoughts and unbend his Cares nor to see such Friends the better for his Favours 't is warranted by Examples in the best Reigns Mecaenas and Agrippa cherish'd inrich'd and promoted by Augustus were yet as dear to the rest of Rome as they were to that wise Emperor But they behold with Indignation Men exalted who return not to the Prince reciprocal kindness who abuse his Favours who sell his Words who by false Representations traduce all others that they may engross him to themselves who arrogate to themselves all the Good and lay upon him the blame of unfortunate Councils who have no regard to his Honor when their own Safety is in question whose Advices tend to their own private Profit without Consideration of their Master's or the Publick Welfare who draw all Lines to their own corrupted Center whose Ambition is not gratify'd with any Honors and whose Avarice is not satiated with multiplicity of Employments nor with repeated Gifts and Grants out of a stript Revenue and an exhausted Exchequer 'T is such a sort of Favourites and Ministers that the People hate and exclaim against and whose Heads they commonly reach at last Without any regard whither or no it be between Sun and Sun if the Prince is robb'd the Country pays it and therefore when the Hue and Cry hotly pursues the Robbers Governments are not to wonder 'T is true they now and then escape especially when in their Depredations upon the Publick there are a great many concern'd and when they have made so large a Booty that they become safe by the multitude of those who have been Partakers in it for it has been the constant Course of Ministers who would rob a Nation with Impunity to give to all that ask and to refuse no man who has either Interest or Parts that fortify'd by a strong Confederacy they may bear down all sort of Inquisition and outbrave the Laws but very often the wants of the people crying aloud have awaken'd good Patriots and bold Spirits whom neither the Power nor the Number of the Offenders could affright and these Lovers of our Constitution in many former Reigns as shall be shown in the progress of this Discourse have couragiously attack'd and brought to Condemnation persons in the highest places of Authority who in breach of their Trust had presum'd to procure to themselves Grants of the Kings Lands or Treasure and who had converted to their own use what was given and intended for the Maintenance and Preservation of the State Princes when they come to know the true state of things are not unwilling to prevent their own Ruin which is manifest from this That the most Wise Valiant and most Heroick of our Kings as shall likewise appear by and by have given
the way and the Fears of such as may be call'd to an accompt will make 'em set all kind of Engines at work First they will put a high Value upon their own Deserts and arrogate to themselves the Single Merit of the many Millions which the whole Nation has both freely paid and Granted They will produce Presidents of other Ages and show long Lists of Grants obtain'd under former Reigns but at the same time they will take care not to mention how such Proceedings have been always Resented and often Punish'd in this Kingdom They will endeavour to blast the Reputation of such as would enquire into their Actions and tho perhaps there are no other possible Ways and Means left to supply the State but by making 'em disgorge and but by bringing them to a Restitution yet they will pretend that all Motions leading thereunto and all Inquiries of this nature are nothing but the Effects of Discontent and the Result of Faction And because in all their Doings and Councils they have never had any view but their own private Profit they will do their best to perswade the World that no man acts upon Principle that all is sway'd by particular Malice and that there is not left in the Kingdom any Party of men which consult the Publick Good They who are conscious of their Guilt and apprehensive that the Justice of the Nation should take notice of their Thefts and Rapine will try to give all things a false Turn and to fill every place with false Suggestions Sometimes they will accuse Innocent Persons that so by putting the People upon a wrong Scent they may avoid the Pursuers and scape unpunish'd At other Seasons they will boast of the Number of their Friends and Adherents thinking to awe both the Court and Country with an Opinion that their Party is too Strong and too Powerful to be resisted And that the knowledge of their Crimes may never reach the Prince's Ear they will endeavour to engross him to themselves by misrepresenting all others that are not of their Cabal either as disaffected to his Person or as Enemies to Kingly Government Thus they did heretofore and tho there were truly but two Parties in England consisting of those who would promote male-administration because they got by it and of those who desir'd things might be well Govern d that they and such as they represented might be eas'd which two sides were heretofore distinguish'd by the Names of Court and Country Party to which likewise they could have put an end whenever they had pleased to have minister d less occasion of Complaint yet they will revive old Names of Distinction giving odious Appellations to the best Patriots pretending there are dangeroes Factions form'd so to frighten the World with Phantoms of their own Creation These false turns they will give and these wrong Suggestions they will make in order to drive all Power into what they call their own Party as if any Prince could be safe that should rely upon so narrow and Rotten a Bottom And when their Actions shall hereafter come to be examin'd in that Place to which our Constitution has intrusted the Inquiry into and the Punishment of such Offences 'T is probable That up will rise some Arrogant Man more Zealous for Himself than for his Master and cry All that we have given among one another we have deserved by our Seruices and Labours in the State what Projects have we not set afoot and what summs have we not procur'd Did not the Ministers in King Charle s's Reign give away the Crown Lands Recal those Grants and we are ready to surrender ours Resume all or none 'T is next to Demonstration that these Clamours arise from a Dis ontented Party who would disturb the Government they who lookinto our Proceedings act out of Malice because of the great thing we have done against France what if such a one got a hundred thousand pound at once did he not save the Nation If we are us'd thus what Encouragement will there he to serve Princes For my part I will never meddle more in your Business All this tends to lessen the Monarchy invade the Prerogative and to set up a Doge of Venice I Sir perhaps there may be added and the Majority are of this Opinion By this high Bearing and these false suggestions heretofore well meaning Persons have been frightned from reaching at great offenders and even the best Patriots by seeing with what warmth and Zeal the smallest Corruptions are defended have been wearyed into Silence And this has made some of our Kings believe that either the Offenders were grown above the Laws or that the People consented â—o those things which they did not think fit to punish But wise Princes see through all this They know that an honest and faithful Minister will be contented with moderate Favours That very often nothing but the ill Contrivance of the Aid belongs to those he employs and that the Gifts come from the free Affections of the Subject That Patterns to Rule by are to be sought for out of Good nor loose Reigns That Inspections which look too far backward produce nothing That a few may complain without reason but that there is occasion for Redress when the Cry is universal That no Military Action or other Merit can give a Man a just Title to Rob the Publick That even good Ministers are thought no more on when they are out and that certainly Bad ones may retire without being mist That absolute Power is not a Plant that will grow in this Soil and that Statesmen who have attempted to cultivate it here have pull'd on their own and their Masters Ruin A wise Prince likewise does not care to see Corrupt Officers so earnest to save one another for 't is always at his cost Nor does he like that his Ministers when attack'd should be able to protect themselves in their Crimes by the Power of a 〈◊〉 for they who are strong enough to bear down the Law may presume in time to think they subsist by their proper Strength and that they stand upon their own Legs and so come at last to slight his Authority Bad Men have ever given a false Colour to their Proceedings and cover'd their Ambition Corruption and Rapine with the pretence of their Masters Service They make him believe their Greatness advances him whereas truly it tends to his diminution and he is often weak for want of that Wealth and Power which they share among one another Their Riches has frequently brought Envy upon the Prince but we can hardly meet with an Instance of any who in his Distress has been assisted from the Purses of his Ministers for they are commonly the first who fly from his Misfortunes And tho they pretend that his Power is rever'd in them and that they make him Strong by the Benefits he lets them bestow yet a Wise King sees through all this Artifice and knows That he who would reap
Persons accumulating to themselves vast Wealth in this Poverty of the Publick And the Universal Voice of the People seeming to call for some kind of Resumption The Writer of these Papers thought â—t might not be unseasonable to Publish a Discourse upon Grants in handling of which Subject he purposes to take the following Method First he will show how the Greatness of the Romans took its Rise from the Thrift that was shown in all Matters relating to the Publick That this Wise Nation made almost every Foreign Expedition bear its own Charge That the best of their Emperors were the most Frugal That such Emperors did not look upon the Treasure and Revenues of the State to be their own and absolutely at their Disposal but always thought that the Publick and the Commonwealth had an Interest in it That when the Treasure and Revenues of the State were exhausted by Prodigality it made way for the Invasions of the Northern People and at last produc'd the utter Ruin of the Empire This will be the Subject of the Second Section In the third Section he will show how careful our Ancestors in England were at the forming this Constitution to make ample Provision for maintaining the Kings Crown and Dignity And that when those Lands and Revenues had been parted with which were alotted for his and the States Service Parliaments have seldom fail'd to relieve and restore his Affairs by Acts of Resumption In the fourth Section he will show how our Ancestors have handled such Ministers of State as in breach of their Trust did presume to procure to themselves Grants of the Kings Lands And how both this Nation and other Countreys have proceeded with those who did imbezzle or convert to their own use the Revenues of the Prince In the fifth Section he will state the present Deficiencies in diverse Fonds and offer several Reasons why the Forfeited Estates in Ireland ought to be apply'd towards Payment of the Publick Debts SECT II. Observations upon the Management of the Romans in their Public Revenues IT may not be amiss to give the Prospect of a vast Empire rais'd to its Greatness by Wisdom and Frugality and ruin'd by Profusion and ill Conduct the only use of History being To give us good Rules by which we should square our own Actions and to mark out the Shelves and Rocks upon which other Governments have split that thereby we may learn to steer our own Course better and to avoid the like Dangers Macrob. l. 1. Saturnal c. 6. Valerius Publicola was the first who order'd that the Revenue accruing to the Commonwealth should be laid up in the Temple of Saturn perhaps that the Reverence of the Place might make it be held the more Sacred They ledg'd there two sorts of Treasure the one in daily use consisting of Tributes and ordinary Payments the other was called the * Tit. Liv. l. 27. Aurum Vicesimarium which was not to be touch'd but in cases of the last Necessity 'T is true for some Ages the Publick had but little occasion for Money because till the Siege of Veies which was about Three Hundred and Fifty Years after the Foundation of the City their Soldiers had no stipend However to have a Reserve which might answer any great Emergency well suited with the Foresight and Wisdom of that People As their Empire grew and as they entertain'd Thoughts of enlarging their Dominion by distant Conquests they became more sollicitous to gather such a stock as might uphold the State in times both of War and Peace without burthening the â—lebeians a matter by them ever carefully avoided in which they were very much assisted by the virtue of those to whom they intrusted the Command of their Armies of which for a long time every one behav'd himself like a faithful Steward to the Commonwealth accompting exactly for such Spoils as were made upon their Enemies To the Common Treasury were brought the Riches of Carthage Sicily of the Cities of Asia of the Kingdom of Macedonia and of the other Conquer'd Provinces of Greece Their Generals as well as their Statesmen did not think of building up Fortunes to Themselves but of inriching the Commonwealth And till some few years after the last Punick War we hardly read of any one who grew wealthy by the Plunder of Provinces In the following Age indeed several began to convert to their own use part of the Spoils gotten abroad but they were Men that hatch'd wicked Designs against their Country and who thought Private Wealth an Engine very needful for such as purpos'd to overthrow Publick Liberty of which number were Marius Sylla Pompey and Caesar Among these Robbers of the World Lucullus may be reckon'd who perhaps had the same Intention as the rest of inslaving Rome but 't is probable the Mutiny he found among his Soldiers after his famous Victories and wonderful conduct made him out of love with Action so that he employ'd in a quiet Life join'd with excessive Luxury what the others made subservient chiefly to their Ambition Not but that his Riotous Pomp had in its Example Effects very dangerous to Liberty since it is a necessary Ground for all free Governments that as well the manner of Living as the Estates of the Citizens should bear some sort of Equality However tho these men minded their own Concerns more than became good Patriots yet all of 'em enrich'd their Country and the vast summs of Gold and Silver brought into the common Treasury made a principal part of their Triumphs Besides they who had the Management of Affairs took Care that every War should at least maintain itself which they did by laying a Tribute upon the Conquer'd Nation Fabritius having overcome the Lucani Brutij and the Samnites * Diâ—nisii Fragm Lib. 6. Militem ditavit quadringenta Talenta in Aerarium retulit whose Example †Ammian l. 24. Julianus propos'd to himself and and Soldiers Scipio in his Treaty of Peace with the Carthaginians oblig'd them to the Payment of ten thousand Talents in fifty years * Tit. Liv. l. 30. Decem M Talentum Argenti descripta pensionibus aequis in annos L solverent over and above which Argenti tulit in Aerarium pondo Centum Millia XXXIII And in the Treaty between T. Quintius Flaminius and K. Philip one Article was †Tit. Liv. l. â—3 Mille Talentum daret Populo Romano dimidium presens dimidium pensionibus decem annorum Nor did Spain afford an ill Crop from one part of which Cornelius Lentulus brought * Ibid. Auri Mille Quingenta pondo quindecim Argenti Viginta Millia Signati Denarios triginta quatuor Millia quingentos quinquaginta And from the other part L. Stertinius quinquaginta Millia pondo Argenti And from whence not long after Helvius brought †Tit. Liv. l. 34. Argenti infecti quatuordeâ—im Millia pondo Septingenta triginta duo Signati bigatorum XVII Millia XXIII oscensis Argenti CXX
That these Northern Nations had among 'em the Titles of Peers Pallatins Barons Earls Grantz Graffs Notables Grandees and Dukes And the Persons of prime Rank under these or the like Appellations were a distinct Part or Member of the Body Politick and were to protect those who had come under their Banners and follow'd their Fortune and were vested by the Constitution with eminent Power that they might be a Skreen between the Prince and People But the Labour and Dangers of these Expeditions were to lie upon the Common People by whose hands the Battles were to be fought and no doubt they had not been tempted abroad if they could not have promised themselves a better Condition than what they had at home and if they were to be only Beasts of Burthen to the Great Ones For which Reason by Compact with those whom they follow'd they were likewise to have a certain Share in the future Conquest from whence came That in the Settlements made by these Northern Nations respect was had to the Interest of the People There was reserv'd to 'em their distinct Rights and Privliedges and Part of the Conquer'd Lands were Assign'd to them in which the better Sort had Freeholds and those of inferior Degree held of their Captains Lords and Leaders Their Military Constitution gave likewise Form to their Civil Government Their King as he was Head of the Army in the moving Camp abroad so when they came to settle he was Head of the Common-wealth And as the Principal Officers and Chief Captains had been his Council of War so when they had Peace and Rest they could not be easily perswaded to quit that Share in the Administration of Affairs of which they had tasted in the Field and their Titles and Lands being to descend they became by Virtue of their Tenures his hereditary and standing Council and as in the Field they had wont to advise him in difficult Matters for the common Good of the whole and to lay before him the Necessities and Grievances of their Followers and Dependants so at home it grew their Right to do the same But when these Nations came to fix and mingle with the Natives and when they had made Compacts and Agreements with those Natives this united Body which likewise increas'd in Wealth and Possessions soon became so Considerable as to make it necessary That what was properly call'd the Commons should be a distinct Part of the State and that it should be Represented by Persons and Members chosen from among themselves Thus in all these Northern Establishments there has been what was call'd either the Estates Assemblies the Cortez Diets or Parliaments This was the Original Constitution in most of the Establishments made by these Northern Nations and under this Form of Government they continu'd without any material Change till the Two last Centuries But in process of Time the Soil alters the Nature of Man as much as it does that of Plants warmer Climates did by degrees soften these rough and Warlike People Too much Sun produces that Effeminacy which is the proper Matter for Arbitrary Power to work upon Therefore all the East and Southern World has been Enslav'd while colder Climates seem more tenacious of their Liberties The French were the first who stoop'd to the Yoke of Regal Authority not limited by Laws Spain soon follow'd to whose Kings their Foreign Acquisitions gave more Greatness than consisted with the Freedom of their People At last it grew a Mode among lesser Kingdoms to imitate what had been done in larger Empires So that the Danes and Sweeds were content to make and put on their own Fetters And we in England were desiring to be like the other Nations round about us had not the Virtue and Courage of a Few saved us often very narrowly from the Corruption and Madness of the rest The bad Example of former Kings the Vices of their Courts nor our own Riches have not soften'd and deprav'd us quite and this Island having been planted by the most Warlike of all the Northern Tribes and having still preserved a few of its old Inhabitants who retain somewhat of the antient Britton Courage and this Soil having always bred and nourish'd Men of Heart and Stomach it happens that we still continue Free and that we keep the main Parts of our Original Constitution Antient Conquerors have in the same manner divided their Acquisitions between the Prince his Chief Fellowers and the People but the Tenures or Rights by which these Lands were to be Held seem particular to these Gothick Settlements and with admirable Polity contriv'd to preserve the Links of Protection and Obedience which should hold Prince and People together for 't is Natural for Men to Cherish and Protect their Dependents and as natural to Love and Obey those by whom we are Protected Thus to make all Hold of the King was almost as far as Human Wisdom could go to hinder this chief Landlord from committing Waste in his own and from injuring those by whose Service he was to receive Assistance But this Division of Property would not have quite suffic'd unless there had likewise been made such a Partition of Power as we have mention'd for the Greater would have encroach'd upon and swallow'd up the Less if the Power of each Part of the Constitution had not had certain Boundaries as well as the Fields and Grounds had Landmarks of one kind or other Our Ancient Government having its Foundation in such Tenures as the Goths introduc'd it will be necessary to say something upon that Subject This way of holding Land by certain Services was brought in by the Lombards who descended of the * Groti Prolegom in Hist Goth. Vand. Longobard Gepidae a People thaâ— quitting Scanzia were left upon an Island of the River Vistula where increasing in Numbers they were compell'd to seek new Seats and who after many Rovings and Adventures came at last to fix in Italy What we call Fee and what in modern Latin's call'd †Cujacius â—eud l. 1. Tit. 1. Feudum had its Original from the Kings of Lombardy whose Custom 〈◊〉 was to grant Territories Towns and Citiâ— to their Captains and principal Followers who were to have a kind of Usufructuary Right therein or more properly the Vtilâ— Dominium but of these Lands the Prince reserv'd to himself the direct Dominion 'T is true the Romans had something like 〈◊〉 Lamprid. in Sever. this as the Coloni Glebae adscriptitii And Alexander Severus and after him Constantix distributed Lands upon the Borders to their Soldiers and their Heirs upon Condition of Defence But that which properly constitutes the Feudum viz. The peculiar Oath of Fidelity and Homage was an Institution of the Lombards who did not only assign Lands upon the Limits but distributed whole Countries to be held by Fidelity and Service These Tenures were first at Will afterwards for a Term then they came to descend to one Son afterwards to be an Inheritance
and Confiscated to the King's use In this Colloquy the Barons told him That he was in Debt and Ruin'd by the Strangers about him who had Consum'd all so that he was forc'd to give Tallies for the Victuals of his Table * Knyghton Col. 2445. N o 10. Domine Rex inter manus Alienigenarum res utique tua male agitur diversimode tractatur nam consumptis universis multo jam deprimeris eâ— alieno datis pro cibariis tuis Talleiâ— versus es in scandalum in omni populo tuo The Consequence of this Profusion was grievous Taxes the Taxes produc'd Discontents these Discontents encourag'â— Simon Montford and others to begin thâ— Civil War in which this King had beeâ— lost but for the Courage and Conduct 〈◊〉 his Son In the Reign of Edward the I. we 〈◊〉 not find there was any Resumption bâ— Annn Dom. 1289. the Legislative Authority did very wisely interpose in Correâ—ing the Abuses of Westminster-Hall * Vide Dan. p. 160 Mat. West p. 414. N o 10 and Knyghton Col. 2466. Finâ—ing all the Judges for their Corruptioâ— and Extortions Sir Ralph Hengham wâ— had been Chief Justice of the highâ— Bench and Commissioner for the Gâ—vernment of the Kingdom in the King Absence paid Seven thousand Marcs 〈◊〉 Edward Stratton paid Thirty four thousand Marcs Thomas Wayland found the greatest Delinquent Forfeited all his Estate The whole Set paid among 'em 〈◊〉 Hundred thousand Marcs which for those Days was a prodigious Summ. The next Reign of Edward the IId gives the prospect of Civil Wars Treachery Bloodshed and a view of all the Calamities that are the Consequences of â— Riotous and Profuse Court The unbounded Favour of this Prince o his Minion Pierce Gaveston made Earl of Cornwal and the Waste which the said Earl had made in the Crown-Revenue so provok'd the Peers that they never restd till they had obtain'd an Instrument mpowering several Ecclesiastical and â—ay Lords to make certain Ordinances â—or the good of the Kingdom which nstrument and Ordinances made by Virue of it were afterwards ratify'd in Parament Among other things it was then order'd That the Crown-Revenue should â—ot be Alienated Derecheif ordein est Rot. Ord. 5 Edw. II. N o. 3. pur les dettes le Roy acquitter son estate relever le plus honourablement mainteiner qe nul don de Terre ne de Rent ne de Franchise ne d' Eschete ne de Gard ne Marriage ne Baillie se face a nul des ditz Ordenours durant leur poer del dit ordeinment ne a uul autre sauns Conseil assent des ditz Ordenours ou de la greinder partie de eux au six de eux au moins mes totes les choses desquex profits poit surdre soient enpruees al profit le Roy jusques son estat soit avenantment releve c. There is this Remarkable in the Record That they bound up themselves as well as others from receiving any part of the King's Lands as we may suppose not thinking it fair for them who had the Power to keep the Purse shut to others and to open it for themselves They took likewise Care of a Resumption * Ibed N o 7. Et puis derecheife pur se qe lâ— Corone est tant abeissee demembree pâ— diverses donns nous Ordinons qe toâ— les donns qe sont donez au damage dâ— Roy descresse de la Corone puis 〈◊〉 Commission a nous fait des Chasteam Villes Terres Tenements Bayleâ— Gardez Marriages Eschetes Relâ— queconques queles soint aussibien 〈◊〉 Gascoin Irland Gales Escoce coâ— me en Engleterre soint repelleez noâ— les repellons de tout sanz estre redonnâ— a meismes ceux sanz comun assent 〈◊〉 Parlement Et que si tieu maner des dom ou Reles soint Desormes donez encâ—â—tre la form avantdit sanz assent de soâ— Barnage ce en Parlement tant qe 〈◊〉 dettes soint acquittees son estatâ— avenantment releves soint tenus poâ— nuls soit le pernour puny en Parlement par Agard del Barnage 'T is true these Ordinances were revok'd in the * Great Statute Roll from H. III. to 21 Ed. III M. 31. Bibli Cott. Claud. Parliament which this King held at York the 15th of his Reign just after he had Defeated and put to Death Thomas Earl of Lancaster with many other of the Barons But his Rigid Proceeding with those who had Fought in Defence of their Countries Freedom and his immoderate Favour and Bounty to the Spencers Earls of Whinchester and Gloster with all his other Mis-government lost him both his Crown and Life in a short time after 'T is to be presum'd That what the Parliament had done in Edward II. Reign to hinder the Favourites from making Depredations upon the Crown-Revenue had effectually stopp'd the Evil because we do not find there was any need of an Act of Resumption in Edward the III's Time There is no part of our History more remarkable than the Life of Richard II. Grandson of Edward III. And no Times afford so many Presidents of Liberty asserted and of the Excesses of Regal Power with the Corruption of bad Ministers as this unfortunate Reign But Misgovernment will of Necessity bring on good Laws in the End The lavish Temper of this Prince his unreasonable Favour to the Duke of Ireland to Michal de la Pool Earl Suffolk his Chancellor and others with his loose and careless Administration produc'd the Parliaments of 10th 11th and 13th Richard II. by which his Power was circumscribd and bounded 'T is true 21 Richard II. he procur'd a Repeal of what had been formerly settled by Parliament for the Welfare of the Kingdom in which Sessions he got Iniquity establish'd by a Law but the Conclusion of all this Misgoverment was that he incurr'd so much the Publick hatred as to be deserted by the whole People and in a solemn manner to be depos'd The Excesses of the Court and Rapine of the Ministers in those days and towards the latter end of Edward III. produc'd Acts of Resumption The Commons pray that all kind of Gifts whatsoever made by King Edward III. may be examin'd if worthily bestow'd to be Confirm'd if otherwise to be Revok'd * Rot. Parl. 1 Ri. II. N o. 48. Item ils Prient pur ceo que la Corone est moult abaisse demembre par divers donns donez en temps de notre Seigneur que Dieux assoille queux donns il estoit malement deceux en plusieurs Personnes malement emploeis come home le poet declarer a grand damage de lui de notre Seigneur le Roi q'ore est si bien des Chasteaux Villes Terres Tenements Baillez Gardes Marriages Eschetes Releves aussi bien en Gascoigne Irlande come en Engleterre qe plese a notre Seigneur le Roy son Conseil faire examiner par les Rolles
de lour partie disoient outre mesme les Communes a nostre dit Seignour le Roy qe cestes matiers ensi faits accomplez en cest Parlement il lour troveroit foialx naturelx liges devers luy de parfaire son plaisir voloir a lour poiar par le aide de Dieux 'T is probable this seasonable Care of the House of Commons rescued for that time the Lands belonging to Windsor Castle for from that time these Lands continu'd in the Demeans of the Crown till very lately And some Years after Viz. Anno 31. Hen. VIII there pass'd an Act of Parliament expresly to Annex several Mannors by name to the Castle and Honour of Windsor not to be alienated from it so carefull were our Ancestors that this Noble and antientt Seat of our Kings should have some Revenue to keep the House and Parks in good repair In the same Year of Hen. IV. the Commons rehearsing how King Edward III. in the Parliament Holden in the 11th of his Reign Created his Eldest Son Duke of Cornwal and the same Dukedom annex'd to the Crown with divers Hereditaments by his Letters Patents by Authority of the same never to be Dismembred or Sold away They therefore Pray the King to resume and seize and so to unite again to the said Dutchy such Lands as were Sold away by Prince Edward King Richard or by the King himself * Rot. Par. 5 Hen. IV. N â— 22. versus Finem Non obstants Encorporation oâ— Union de qel Duchee per une haute Aâ—thorite ensi perfaite puis encea est dâ—membrez siâ—bien per diverses Alienatâ—ons faitz per le avant dit Edw. nadgaires Prince come per le darreine Roy Richard qe fuist per vous Qe pleise a vous de vostre haute discretion ove le Avis de tous Seignours eâ—prituelx temporelx en cest presenâ— Parlement Assemblez considerantz lâ— Union dudit Duchee en la manere avantdite fait de requiler tout ceo â—â—dedit Duchee est demembrez per Aâ—thorite de Parlement de reseiser rejoindre a dit Duchee come il fust a devanâ— non obstant ascune Alienation Qele Petition lue entendue fuisâ— respondus en les parolles quensuent Resp Accordez est per le Roy les Seignours en Parlement qe le dit Mounseignour le Prince per lavys de son Counâ—eil eit briefs de Scir fac Ou autre recoverer le mieltz qil avoir purra par les Estatutes leys du Roialme solonc ceo qe le cas requiert c. Wherein shall be allow'd no Protection or Praying in Aid of the King unless it be for Sir John Cornwale and Eliz. his Wife late Wife of John Holland Earl of Huntington and for such Persons to whom the King is bound by Warrantie Sinon en cas qe le Roy soit expressement tenuza la Grantie c. Rot. Par. 6 Hen. IV. N â— 14. Anno 6. Hen. IV. The Commons Pray That the King would resume the crown-Crown-Lands Pleise a tres Excellent tres redoute Seignour Nostre Seignour le Roy pur profit du Roy encresce de sa Corone supportation des pauvres Communes de vostre Royalme Dengleterre granter les Petitions qensuent Pur ceo qe la Corone del Roialme Dengleterre est grantement emblemissez anientissez per grandez outrageouses dons faits as diverses Persones si bien esprituelx comme temporelx des Terres Tenements Fee Fermes Franchises Libertees autre Possessions dycelles Soit ordeigne en cest present Parlement pur profit du Roy du Roialme supportation des Communes qe tous Chateaux Manoirs Seignouries Terres Tenements Fees Advoesons Fee Fermes Annuitees Franchises Libertees Custumes queux fuerent membre parcelle Dancienne Inheritance de la dite Corone le an du Regne le Roy Edward Aiel nostre Seignour le Roy qorest quarantisme puis en cea soint ils donez a terme de vie ou a terme de ans en Fee simple ou en Fee taile ou sur Condition ou as Seignours Esprituelx a eux a lour Successours forsprises Gardes Marriages Eschetes horspris ceo qest assigne a Reigne en Dower soint entierement resumes repris seises es maines notre Seignour le Roy rejointz al Corone avant dite a y celle perpetuelment demeurer sans ent per aucune voie ou ymagination estre severez dicelle en temps avenir forsqe ceux qont tieux dons ou Grants qe furent parcelle del dite Corone le dit an quarantisme ou depuis per Chartre especiale faite par Authority de Parlement Et qe nulles Persones du Roialme de qel estat ou Condition qils soient ne eient tenient ne enjoient parcelle del Corone avant dite de ancienne enheritance dicelle alienez grantez ou donez puis le dit an quarantisme sans Authoritee de Parlement sur peine de incurrer la Forfeiture dicelles Terres Tenements ensy parcelle del dit Corone Emprisonement per trois ans Et qe nul Officier de nostre Seignour le Roy face ne mette en execution aucune tiele donne ou Grant en Temps avenir sur peine de perdre son Office de forfaire qanqe il purra forfaire envers notre Seignour le Roy le Emprisonement de trois Ans Et qe toutes Maneres de Persones ou Officers Ministres du Roys qeux ont auscun don ou Grant des ascuns tieux Chastelx Seignouries Manoires Terres Tenements Fees Advoesons Fee Fermes Annuites Franchises Libertees Custumes suisditz qeux issint sont parcelle dancienne Inheritance de la dite Corone apres ceo qe les Paiements Affaires pur le Houstiel du Roy ses Chambres Garderobes soient pleinement paiez ou assignes la Reigne paiez de sa Dower duement endowez soient recompensez a la volontee du Roy de la surplusage residue des Ferms annuitez suisditz Purveux toutezfoitz qe toutes les Seignours esprituelx temporelx qi ont aucunes Libertees Franchises de don nostre Seignour le Roy qorest oâ— de ses Progenitours puis le dit an qarantisme paient Fee Ferm a la verray value pour ycelles ou ent rendent due accompte al Oeps notre Seignour le Roy chescun an a son Eschequer aussi tous les Citees Burghs deins le Royalme Dengleterre qont Franchises Libertees du Grant nostre Seignour le Roy ou de ses Progenitours Roys Dengleterre confirmez per nostre Seignour le Roy qorest pur Fee fermes annuellement a paie a nostre Seignour le Roy ou qont fait fyn pur y ceux Franchises avoir a nostre Seignour le Roy qorest ou a ses Progenitours ne soint oustez ne disheritez de lour Franchises
Libertees mes aient entierement enjoient toutes les ditz Libertees Franchises toutes autres lour Libertees Franchises a eux Grantez puis le dit an quarantisme pur releifuement des Fee fermes encresce Fortification des ditz Citees Burghs seloncqe la fourme effect de lour Chartres ent faites cest ordeignance nonobstant Purveu ensement qe nostre tres excellente dame la Reygne ne les Fitz du Roy ne soient contenuz soubs la constreint decest Estatute ou Ordeignance Purveu auxi qe ceux qont Purchasez de Roy Richard Tâ—rrâ—s ou Tenements qeux furent a aucunes Persones forejugez a Parlement tenus a Westminstre lan unsiesme du Regne dudit Roy Richard ne lour Heires soient oustez ne molestez de lour Terres Tenements avantditz per vertue de 〈◊〉 Nâ—â—â— câ—tte Ordeignance Iâ—em qe tous Tonelx Pipes des Vyns des prises de Roy autre Pipes Toâ—elx des Vyns grantez a ascunes Persones de qel Estat ou condition qil soit per nostre Seignour le Roy qorest ou pâ—r ses Progenitours a terme de vie ou a Terme de ans soient entierement resumes es mains du Roy. Ibid N â— 17. Item que toutes dons Grantz des Chastelx Manoires Terres Tenements Fermes Rents Annuitez Libertees Franchises ou Possessions qe-conqes faitz per le Roy Edw. Aiel nostre Seignour le Roy qorest ses Ancestres ou Progenitours devant le dit an quarantisme del Regne dudit Roy Edw. as Persones del Roialme si bien as esprituelx come temporelx a terme de vie a terme de ans en fee taille ou en fee simple ou as auscuns en mortmaine a eux a lour Successours ou as Citeins Burgheis de Citees Burghs as ceux des Cinq Ports a eux a lour Successours de assent nostre tres graceouse Seignour le Roy les Seignours esprituelx temporelx communes en ycest Parlement assemblez soient solonc le effect de lour Estates per Estatutes ent en cest Parlement affaire confermez ratifiez sans estre en aprez adnu lez repellez ou revoqez purveu toutes foitz qe dons ou Grants des Chastelx Manoires Terres Tenements Feefermes Rents Annuites Libertees Franchises ou Possessions qeconqes faitz devant le dit An quarantisme as auscunes a terme de Ans terme de vie ou en le Taille en qele Case la Reversion est reservee au Roy maintenanâ— aprez le estate determine tieux Chateaulx Manoires Terres Tenements Rents Annuities Libertees Franchises Possessions qeconqes soient revertible au Roy come a sa Corone issint soient rejointâ— a la Corone sans estre en nulle manerâ— departis ou severes en temps avenir La Responce fait per le Roy de ladvys assent des Seignours esprituelx temporelx a les Petitions dessus escripts Qeux le Roy voet metre en Execution en tout le haste possible Ibid. N o 20. Responce en Engleis as dites Petitions And for as much that the Commons desiren that the King should live upon his own as good Reason asketh and all Estates thinken the same the King thanketh them of their good desire willing put it in Execution al 's soon as he well may And because the Commons desiren that al that longed to the Corone the Fortâ—â— Year of King Edw. and sithe hath beâ— departed should be resum'd to that intent that the King might better leve of his own And foralsmuch that it may noght be known unto the King which is of the Crown and which is not without more examination ne what hath be granted sith the fortie Yere of King Edw. unto this time the King's intent is to Assign certain Lords Sprituels and certain Lords Temporels and all his Justices and his Sarjeants and all other such as him list name for to put in Execution al 's far as he may by the Law of his Land or by his Prerogotive or Liberty all the Articles contained in the Petition of the Commons in all hast that he may in discharge of his People But this good Care of the House of Commons for the King's Welfare had no other Effect than to procure That the Lands Rents Profits and Annuities so granted away should be seised into the King's Hands for one whole Year but the Reason of this may be easily seen in the Record it self A great part of these Lands were got into the hands of the Clergy The words of the Record are Outragious Grants made to divers Persons as well Spiritual as Temporal Outrageouses dons faits as divers Persons si bien Espirituelx comme Temporelx The People were in that Age very Superstitious as appears by the severe * Vid. Rot. Par. 8 Hen. IV. N â— 62. Act which pass'd two Years after against the Lollards And where the People is Superstitious the Clergy never fail to have the Chief Power And by their Interest in all probability it was procur'd that the Nation could then be reliev'd only with one Years Profit from those Grants And because this After-act militates so directly with what the Commons had done just before there are good grounds to think that the last Project began in that House which was then influenc'd by the Lords Spiritual But we shall produce the Record it self to shew that the Writer desires to handle this Subject impartially and to set every thing in a fair Light Rot. Parl. 6 Hen. IV. N. 21. Item a Considerer les Grants faits per Patentes dessous le grant Seal du Roy de ses Progenitours Predecessours as diverses Persones si bien a terme de vie come en Fee simple ou en Fee taille on autrement y ne seroit honest ny expedient pur le Roy nostre Seignour de faire repelle revocation ou resumption 〈◊〉 tielx Patentes ceo si bien pur lâ— clamour autre Inconveniences qent purront avenir as estranges parties come deins le Roialme Dengleterre Et pur ouster tielx-Meschiefs accordez est qe chascun home feme de quel estat on condition qils soient qe ont ascuns Annuites Fees ou Gages a terme de vie ou des Ans du Grant du Roy Richard ou du Roy qorest qils soefreront chascun de eux soefrera mesmes nostre Seignour le Roy davoir enjoier les dits Annuites Fees Gages del Feste de Pasche darrein passe tanqal lendemain de Pasche prochain avenir cestassavoir per un an entier Purveu toutesfois qe les Fees Gages Regardes de Chancelier Tresorer Gardien du Privee Seal Justices de lun Bank de lautre Barons de lescheqer Serjeants du Roy a la Leye des autres Officers Ministres des Courts
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
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
Grants so they exceed not 20 l. per ann 145 For Giles Thorndon Esq as to a Grant of 7 l. per ann for life which he had out of Lands in Ireland 146 For Will. Catesby King's Servant as to 10 l. per ann for life 147 For John Parkes Kings Servant 148 For John Martyn Kings Servant as to 6 d. per diem for his life 149 For George Danyel as to Grants so they exceed not 20 Mark per annum 150 For John Hoghton and other Servants at Arms as to their Patentes 't is to be suppos'd for their Employments 151 For Rob. Wood Clerk as to a Reversion of a Feefarm Rent of 10 l. per ann 152 A Saving for King's Hall in Cambridg as to a piece of wast ground and Conduit granted 153 For Tho. Smith as to his Office and Sallary of 4 Pence per diem 154 For Will. Burton Queens Servant as to 100 Shill per ann for his life 155 For Thomas Derlyng and John Moor Serjant at Arms as to their Fees 156 A full Saving for the Colledges founded by the King in Cambridg and at Eaton 157 This Saving relates to the same Colleges 158 For Will. Bradford and Thomas Kendal Kings Officers as to their Fees 159 For Tho. Merton as to 100 Shillings per ann 160 For the Dutches of Somerset as to part of her Dower 161 For John Pulloo as to his Office and Fee 162 For Coney ap Rice the same 163 For the Lady Roos Widdow as to 60 l. per ann for life 164 Provided also that noon exception made by us upon the Resumption in this present Parliament of any Possessions extend to oney Londs Tenements Fees Offices Fermes or any other thing in Caleys or in the Marches thereof 165 A Saving for Robert Tanfeld as to 20 Mark per Annum for his life out of the Hamper 166 For John Somerset Gentleman 167 For Sir Edmond Hampden Queen's Carver as to some Herbage in a Park which did not exceed 50 Shillings per Annum and as to an Annuity of 20 l. per Annum 168 For Tho. Parker Esq as to his Grants not exceeding 24 l. per Ann. for Life 169 For Tho. Pope 170 For Tho. Bird Serjeant at Arms as to his Wages and Cloathing 171 For John Daindesey King's Servant 172 For John Skelton as to Two Annuities one of 20 l. another of 10 Mark for his Life 173 For John Faceby Serjeant at Arms as to his Office and Sallary 174 A Saving to the Town of Beaumaris as to 20 l. per Ann. granted for its Walling 175 For Walter Bright Serjeant at Arms as to his Office Cloathing and Wages 176 For Johanna Astley the King's Nurse as to Two Annuities for her Life amounting in the Whole to 50 l. per Ann. 177 A Saving to the City of Chester as to a Release granted to 'em for 50 Years of 50 l. per Ann. part of their Fee-farm Rent 178 For Sir John Fortescue 179 To Thomas Brown as to 12 l. per Ann. for his Life 180 For Henry Abyndon Clerk of Eaton College as to 8 l. per Ann. 181 For Henry Vavousor for some Grants which are express'd 182 For Tho. Derwent Serjeant at Arms as to his Office and Fee of 12 d. per Diem 183 A particular and then a general Saving for King's Hall in Cambridge 184 A Saving for the Abbot and Covent of St. Albans as to Franchises and Liberties 185 For Tho. Thorp as to his Grants but 10 l. per Ann. Fee-farm Rent the King resumes The Reader may observe from this Record 1 st That the Crown was become indebted to the Subjects in the Sum of 372000 l. 2 dly That the Crown-Revenue which in the Reign of Henry the Fifth was 56966 l. became reduc'd to 5000 l. per Annum so much had the Crown been robb'd and pillag'd during the Minority of this Religious but weak and unfortunate Prince 3 dly That the House of Commons thought it reasonable to relieve the King's Necessities out of his own and by an Act of Resumption rather than to charge the People with new Duties and Impositions 4 thly That the House of Commons thought it reasonable to make the Act so general that they inserted only Sixteen Reservations or Saving for others so much did they consult the Publick more than any private Interest 5 thly That the Commons desire the King to appropriate to the Expence of his Houshold the Lands so resum'd 6 thly That the King when he gave the Royal Assent to this Act reserv'd to himself the Power of putting in Writing while the Parliament sate certain Moderations and Restrictions to the said Act and the King in the said Assent excepts all Grants made as to Calais and Ireland The Writer of these Papers thought his Labour would not be unprofitably spent to give an Abstract of the Restrictions and Moderations which the King's Council believ'd at that time necessary in an Act which was to be so very general and extensive In these Savings which are in Number 185 the Reader has before his Eyes a perfect Image of the Gravity Care Exactness and Frugality of that Age. Most of the said Savings relate to Patents for Employments or for Lands rather restor'd than granted or for some Liberties and Franchises or for Lands given to Religious Uses all which were affected by the Act. In some of the Proviso's the Value of the Grant is mention'd and in others omitted but the general Exactness which runs through the Whole is a Mark that where the Value is not express'd 't was notoriously inconsiderable In many of the Savings there is something left and something taken away The Reader may likewise note That most of the Grants of that Age were only for Life Note In this Writing of Restrictions the King receeds from the Exception he made as to Calais when he gave the Royal Assent As in Saving 164. Note That the Great Earl of Shrewsbury who had done so many Heroick Actions and had so valiantly fought for the Honour of his Country had but 100 l. per Annum Pension for his Life and some Lands in Ireland then of no value the said Earl having had no other Recompence for his long Services which Moderation of his is a Reproach to the Avarice of the present Times vide Saving 26. Anno 29. Hen. 6. There was another Resumption made The Preamble agrees almost Word for Word with the fore-mention'd Act but the Acts differ when we come to the following Paragraph Rot. Parl. 29 H. 6. N o 17. And that all Lettres Patentes by you made in or of any of the Promisses to any persone or Persones of the which any Recoverer hath been hadde ayents the said Patentees or any other by Covin or Collusion that as well the Recoverer thereof as the Letters Patentes be void and of noon effecte And over that like it youre Highnesse to take resume seise and reteign in youre said Handes and Possession all Manner of Libertees Privileges
eny of theym or eny parcell of theym be from the seid Fest void and of noo force nor effecte And that this Act extende not to eny Honours Castells Lordshipps Manours Londes Tenementes Rentes Services Possessions or Enheritaments which came to the Hands or Possession of our seid Soveraine Lord Kyng Edward the 4 th or apperteyned or belonged to hym or that he shuld have had the seid 4th day of Marche or eny tyme after by the forfeiture of eny Persone in the Parlement hold at 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-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
murmour ageyn the Kyngs Person for the misgoverning of his Realm The first Regular Resumption having been made in the Reign of Henry the Sixth it seems by this Paper which contains the Scheme of a Resumption that the Act for resuming Grants c. pass'd 28 Hen. 6. was modell'd by this able Lawyer who was made Lord Chief Justice of the Common-Pleas 20 Hen. 6. and who we find to have been Chief Justice of the King 's Bench the * Rot. Parl. 28 Hen. 6. 28th Year of the same Reign At the End of the Manuscript out of which this was transcribed is this Note Explicit Liber compilatus factus per Johannem Fortescue Militem quondam capitalem Justitiarium Angliae hic Scriptus Manu propria mei Adriani Fortescue Militis 1532. Our Ancestors did not only take Care to help the Princes Affairs by Acts of Resumption but they likewise reliev'd him when he had been over-reach'd or deceiv'd in Releases or what we now call Privy Seals having an Eye that such as were Debtors or Accomptants to the King should not be discharg'd without making a fair and just Accompt whereof we shall produce a President with which we shall close this Section Rot. Claus 8 Edw. 2. M. 11. Rex Thesaurario Baronibus suis de scacâ—ario Salutem Cum Praelati Comitos Barones ad ordinandum de Statu Hospitii Regni nostri nuper virtute Commissionis nostrae inde factae Elerti inter caeter as ordinationes per ipsos factas per nos approbatas Ordinaverint quod 〈◊〉 Donationes per nos factae ad Damnum nostrum detrimentum Coronae nostrae de terris Tenementis redditibus Custodiis Maritagiis ac etiam pardonationes remissiones debitorum post 16. Diem Martii An. Regni nostri Tertio quibuscunque personis revocentur quod terrae tenementa redditus Custodiae maritagia praedicta in Manum nostrum resumantur quod debita illa non obstantibus pardonitionibus remissionibus praedictis leventur ad opus nostrum Vobis mandamus quod scrutatis Rotulis Memorandis dicti Scaccarii de hujusmodi Donationibus Concessionibus pardonationibus post praedictum 16. Diem Martii In dicto Scaccario factis inspecta quadam Schedula quam vobis super hoc mittimus sub pede sigilli nostri omnia debita in praedictis rotulis memorandis Schedula contenta per vos post praedictum 16. Diem Martii pardonata remissa levari faciatis ad opus nostrum non obstantibus pardonationibus remissionibus praedictis aut allocationibus ad dictum Scaccarium inde factis dâ— Exitibus de terris Tenementis Custodiiâ— Maritagiis praedictis provenientibus nobis ad dictum Scaccarium faciatis responderi Testa Rege apud Westm 15 Die Martii SECT IV. That several Ministers of State have been Impeach'd in Parliament for presuming to procure to Themselves Grants of the Crown-Revenue IN the foregoing Section we have taken Notice how careful the Commons of England have all along been to assist by Acts of Resumption such of their Kings as had been injur'd by immoderate Bounty We shall now go on to show how Parliaments have proceeded with the Instruments of their Profusion and in what manner they have handled such Ministers of State as have either wink'd at or promoted the Depredations that were made upon their Master's Revenue and especially with those who â—n Breach of their Trust have ventur'd â—o enrich themselves with Spoils so little warranted by the Constitution of this Kingdom The Records we have already cited sufficiently demonstrate that it was ever the Opinion and Sense of the People that the King should live upon his own and that the Nation should not be burthen'd with unnecessary Taxes and Impositions It appears likewise from the foresaid Records that when the Crown has been impoverished by Gifts and Grants new and extraordinary Courses of Raising Mony have become unavoidable It cannot be denied but that our Kingâ— have very anciently prescrib'd a Poweâ— of Alienating the Publick Revenues buâ— it may admit of a Question whether thâ— was not more de Facto than de Jure anâ— 't is not quite so clear that from the beginning it was so on the contrary it â—ther seems one of those Incroachmeâ— which Flattery and Compliance haâ— supported For it would not be difficult to maâ— appear that in all these Gothick Goverâ—ments founded upon the Principles 〈◊〉 Liberty the Publick Revenues weâ— esteem'd to belong as well to the Kinâ—dom as to the King * De Repub l. 6. Bodinus says was held as a Maxim in France Thâ— the Propriety of the crown-Crown-Lands was not in the Prince That 't was esteem'd as a Fundamental in France Spain Poland and Hungary that the Crown-Lands were not alienable Which Opinion has been confirm'd by Decrees of the Parliament of Paris King Charles the V. and VII would not have the crown-Crown-Lands engag'd but by Consent of Parliament * Vie de Charlemagne Mezeray says Le Domaine des Roys â—eluy de l'Eglise etoient inalienables And that tho' their Kings were now and then constrain'd to make Grants C'estoit a vie seulement a titre de Gratification C'est pourquoy ils les nommoient des Benefices mot qui n'est demeuré que dans l'Egâ—ise †Lib. 6 Bodinus says all Monarchies and States have held it for a general and undoubted Law That the Crown-Lands should be holy sacred and inaâ—ienable and that the Maxim is groundâ—d upon this wholesome Policy That â—e Wants of the Prince might not â—ompel him either to overcharge his â—hole People with Impositions or to â—ek for Wealth by confiscating the * Ibids Lewis XII â—who was term'd the Father of his Country would not mix his Revenues â—nd Patrimony with what belong'd to â—he Publick erecting separate Offices to that purpose Sir * Cot. Post p. 179. Robert Cotton an Author of great Weight in all these Matters says as we have noted before that in England our Ancestors held it impious to alienate the ancient Demeasâ—e Lands of the Crown We have taken Notice in the second Section of the difference the Roman Emperors made between the Fiscus and the Aerarium the first of which was the private Patrimony and in the other the People had a Right Of this very Thing there are Footsteâ—â— in England That is there was anciently a Difference made between the Scaccarium and the Hannaperium and * Spel. Glos p. 278. Spelman seems to liken the Scaccarium or Treasury to the Aerarium and thâ— Hannaperium or Hamper to the Fiscus Principis †p. 331. Hannaperium Fiscus 〈◊〉 sporta grandior in Cancellaria Regis 〈◊〉 inferuntur Pecuniae é Sigillatione diploâ—matum Brevium Chartarum Regiarâ— c. provenientes For this Branch of thâ— Revenue as we are inform'd the Chaâ—cellor in old times did not accompt iâ— the Exchequer
it being look'd upon 〈◊〉 the Princes private Patrimony or 〈◊〉 his Privy Purse and so to be dispos'd 〈◊〉 without any Accompt It was formeâ— a Clause in most Grants Sine aliâ—â— Fine vel Feodo magno vel parvo nobis solvendo in Hannaperio Which Fine went to the King 's private Purse Heretofore when much Land was in the Crown the Hamper yielded so considerable a Sum as that it was thought fit to be included in all the Acts of Resumption for large Pensions being begg'd out of it the Parliament judg'd it their Duty to take care as well of what was reckon'd the Princes Peculium or private Patrimony as of what belong'd jointly to him and the Publick which was done in other Instances as where they resumed Annis 3 4 7 13 Edw. 4. his Family Inheritance of the Dutchy of York and Earldom of March. But this difference with many other good Forms of our old Government is said aside * Spel. Glos p. 278. Nulla pené jam nobiscum habita Pecuniae Publicae privatae distinctione cùm sit utráque in solius Princiâ—is Arbitrio And from the time of William Rufus our Kings have thought they might alienate and dispose of the crown-Crown-Lands at Will and Pleasure and â—n all Ages not only Charters of Liberties and Franchises have been given but likewise Letters Patents for Lands and Mannors have actually pass'd in every Reign Nor would it have been convenient that the Princes Hands should have been absolutely bound up by any Law or that what had once got into the Crown should have been for ever separated from private Possession For then by Forfeitures and Attaintures he must have become Lord of the whole Soil in a long Course of Time The Constitution therefore seems to have left him free in this Matter but upon this tacit Trust as he has all his other Power that he shall do nothing which may tend to the Destruction of his Subjects However tho' he be thus trusted 't is only as Head of the Common-wealth and the People of England have in no Age been wanting to put in their Claim to that in which they conceiv'd themselves to have a remaining Interest which Claims are the Acts of Resumption that from time to time have been made in Parliament when such Gifts and Grants were made as became burthensome and hurtful to the Publick Nor can any Government or State divest it self of the Means of its Preservation And if our Kings should have had an unlimitted Power of giving away their whole Revenue and if no Authority could have revoked such Gifts every profuse Prince of which we have had many in this Kingdom would have ruin'd his Successor and the People must have been destroy'd with new and repeated Taxes for by our Duty we are likewise to support the next Prince So that if no Authority could look into this a Nation must be utterly undone without any way of redressing it self which is against the Nature and Essence of any free Establishment Our Constitution therefore seems to have been that the King always might make Grants and that those Grants if pass'd according to the Forms prescribed by the Law were valid and pleadable against not only him but his Successors However at the same time 't is likewise manifest that the Legislative Power has had an uncontested Right to look into those Grants and to make them void whenever they were thought exorbitant And therein wise Kings have given way and not thought it dishonourable to join with their People in that which was judg'd to be for the Ease and Benefit of the major part But because in Acts of Resumption the Legislature exerts it self in an extraordinary manner and because 't is a Cordial of a very strong Operation and for that such Acts must of Necessity break into private Contracts Marriage-Settlements Sales upon a valuable Consideration and in many other Instances the Law has fenc'd the King's Revenue with Restrictions and wholsome Constitutions it has prescrib'd Forms by which Grants and Gifts should pass it has erected several Checks and trusted those Checks in the Hands of high Officers of the Crown And lastly the Laws have call'd to Accompt and seveerly punish'd many Men of great Birth and Figure for breaking down these Fences by all which our Ancestors seem to have desir'd and design'd preventing Mischiefs in their Growth and that Recourse should be had to extraordinary Remedies as seldom as possible And First That not only his common Expences but that also his Liberalities might be supply'd without diminution of the Capital innumerable Laws did provide that he might be neither deceiv'd in his Receipts nor in his Payments besides which the Introitus and Exitus of the Exchequer was originally contriv'd with Check upon Check and with all the Care and Art imaginable But all these good Methods were very early overthrown by the Negligence of some Princes but more through the Corruption of their Ministers Henry the IV. who had depos'd his Predecessor and who came in upon the Foot of Reformation began to make Regulations and restore some Order in the Revenues of the Crown In the first Year of his Reign the Commons complain'd of outragious Grants and of great Sums of Mony released to undeserving Persons the King not perceiving the hurt done him at the time of the Grant They pray that such Grants upon good Deliberation may be recall'd and that from thenceforth he would make no Grant but with the Advice of his Council The King Answers He will be advis'd by the wise Men of his Council And thereupon several good Regulations relating to the Passing of Grants are establish'd but take the Record 1 Hen. 4. Rot. Parl. Num. 98. Et aufyn qil ne soit deceux en les Grantes ou douns annuelx ou en fee ou en ascunes Offices per luy a faires ou a Granters en temps avenir il voet de lassent des Seignours Esprituelx Temporelx des Communes qe touts ceux qi demanderont du Roy Terres Tenementes Rentes Offices Annuitees ou autres profites qeconqes facent expresse mencion en lour Petitions de la value de la chose ensi a demander auxi de ceo qe ils ont eue du donne le Roy ou des autres ses Progenitours ou Predecessours per devant en cas qe ils ne facent tiel mencion en lour dites Petitions ceo duement proeve soient les lettres patentes du Roy ent faites nient vaillables ne de nulle force neffect mes de tout revoqes repelles adnuelles pur toutz jourz au punissement de ceux qe ensi ount fait tiel deceit ou Roy come ceux quy ne sont pas dignes denjoier leffect Benefice des Lettres Patentes a eux Grantez en celle partie This Acts directs that in the Petition to the King for any Gift or Grant express mention shall
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
IV. They pray to have leave to quit their Employments a Modesty and Self-Denyal not very common in this Age and that their Accompts might be pass'd upon which the House of Commons directed Persons to audit and state the said Accompts The Record is very curious we shall therefore give it in Words at length * Rot. Parl. 7 8 Hen. 4. Nu. 44. Item mesme le Jour le dit Mr. John Tibetot then Speaker monstra de par les ditz Communes coment au Parlement nadgaires tenuz a Coventre Thomas sire de Furnival Mr. John Pelham furent assignez Tresorers pur les Guerres Come pierd de Record en Rolle de Parlement puis qel Temps les ditz Tresorers ont desirez molt diligeamment pursâ—is as diverses foits a nostre Seigneur le Roy as toutes les Estates de ceste present Parlement de estre deschargez de lour dit Office auxint ont suppliez as dits Communes qe leur pleust de faire instance request pur mesme les Tresorers a mesme nostre Seigneur le Roy as touts les Estates suisdits pur eux finalement outrement deschargier de lour dit Office Sur quoy pria le dit Mr. John Tibetot en nom des dits Comunez a mesme nostre Seigneur le Roy qe les dits Tresorers soient outrement finalement deschargiez de lour dit Office Et qe leurs Heirs Executours ne Terre Tenants ne soient aucunement en temps avenir grievez molestez enquietez ou pur le exercice de ycelle qe cestes prier reqest soient endrez de Record en Rolle de Parlement Qeux prier reqest nostre dit Seigneur le Roy graceousement ottroia purtant qil ad pleu a nostre dit Seigneur le Roy qe les dits Tresorers soint deschargiez de lour dit Office de assigner certains Auditours cest assavoir le Seignour de Roos le chief Baron de le Escheqer qil est la volonte du Roy a ceo qe les dits Comunez ont entenduz qe mesmes les comunez deussent nomer autres Auditours doier terminer les Accompts des dits Tresorrers du temps passe Mesme yceux Comunes ont nomez certains Persones comprises en une cedule delivre per les dits Comunes en Parlement tielx come leur semble necessaires en ceo cas pur le poure estat de les Comunes dessuis dits Cestassavoir Mr. Hugh Lutherel Mr. Richard Redeman Lawrance Drewe Thomas Shelrey David Holbeche William Staundon Cinq Qatre Trois ou Deux de Eux Furnivale and Sir John Pelham for so he is call'd afterwards were as the * Rot. ibid Num. 63. Record says Ordeignez Tresoreres de les Guerres or what we call Paymasters of the Army and press'd the Parliament to take their Accompts An Example which we hope all their Successors in that Employment will desire to follow The Powers likewise which the Parliament gave to these Commissioners are fit to be observ'd Qe pleise a vostre tres gracieuse Seignourie de ordeigner qe les dits Auditours ensi nomez soint Auditours de Record eiants plein poair authoritie du Parlement de Oier Terminer le dit Accompte de faire Allowance as avant dits Tresorers si bien de les Paiments delivrances par eux faits per vertue authorite des vos Lettres Mandements dessous vostre Seale a eux directs pur les causes suisdits sur les Dependantz dycelle Come de les Paiments Delivrances per mesmes leâ— Tresorers per Authorite de lour dit Office faits pur semblable Causes les Dependants dycelle That is Power was given not only to inspect but finally to conclude the said Accompt To which the King assented And it seems our Ancestors thought such a Commission necessary to hinder the Publick Mony from being embeâ—zel'd 5. Parliaments have preserv'd the King's Revenue by inquiring into the Cause why some Branches yielded nothing as in Edw. 3d's Reign it was ask'd Why Ireland was rather a Burtheâ— than a Profit to the Crown The Commons desiring if the Fault lay in the Ministers that they may be remov'd * Rot. Parl. 21 Edw. 3. Num. 41. Item pleise a nostre Seignour le Roy fairâ— enqerer per bons Gents la Cause purqoi il 〈◊〉 prent profit de ce qil ad in Irland come toâ—â— ses Ancestres avoint Aide de luy de lâ— Comune pur meyntenir sa guerre depuis qiâ— ad plus en Irland qe uulle de ses Ancestres navoint si defaute soit trove en ses Ministres laundreit qe autrez y soient ordeignez en lour lieu tieux qi voudreut respondrâ— aâ— Roy du Profit qil averoit dilloqes de reson Resp Il plest a nostre Seignour le Roy qe ensi soit These were some of the Methods by which the House of Commons endeavour'd to preserve the Crown-Revenue from the greedy Hands of those who were always desiring therewith to inrich themselves But the Kings greatest Safety lay in the very Constitution of the Exchequer which if bad Ministers had not broken into our former Princes could not have been robb'd so much to the Impoverishment of the People The Constitution of the Exchequer we may rather call it the Constitution of the Kingdom has contriv'd to put a great many Letts and Obstructions in the way of designing Favourites and rapacious Followers of the Court and that no Grant should pass from the King but upon strict Inquiry and after mature Deliberation In order to which the State thought it necessary to be at the Expence of several Great Officers who should be as so many Centinels continually watching that the King may not be surprized nor defrauded Regularly and according to the Laws of the Land Grants from the Crown ought to make the following Steps The Petition is first made to the King in which as we have noted before the Petitioner ought to incert the true and express Value of the Thing demanded The King refers this Petition to the Treasurer of the Exchequer now call'd Lord High Treasurer of England whose first Step is to have a Particular of the Thing petition'd for from the Auditor if it lies before him or from the King's Remembrancer if it lies before him This Care is taken that the State may not be deceiv'd in the value of the Thing The Petition is first referr'd to this High Officer because the Law presumes that the whole State and Condition of the Revenue lies before him that he knows what Debts and Engagements the King has upon him and whither the Expences of his Wars and the other necessary Charges of his Government are not such as for the Peoples Ease and by the Rules of Justice ought for the present to restrain his Bounty If the Thing to be granted be of great
Value if it cannot be given away without great Damage to the Crown if by reason of such Gift he is hindred from paying his just Debts or from having wherewithal to defray the Charges of the Government or to provide for the Kingdoms Defence or if by this and other Gifts he must be driven through the failing of his own Revenue to lay heavy Burthens upon the People 't is the Duty of the Lord Treasurer to represent the whole Matter honestly and impartially to the King and to hinder the Grant from proceeding any further And as a Tie upon him he takes the following Oath Ye shall swear That well and truly ye shall serve the King our Soveraign Lord and his People in the Office of Treasurer and ye shall do right to all manner of People Poor and Rich of such Things as toucheth your Office And that King's Treasure truly ye shall keep and dispend And truly ye shall counsail the King and his Counsel ye shall layn and keep And that ye shall neither know nor suffer the King 's Hurt nor his dis-heriting nor that the Rights of his Crown be distressed by any means as far forth as ye may let And if ye may not let it ye shall make knowledge thereof clearly and expressly to the King with your true Advice and Counsel And ye shall do and purchase the King's Profit in all that ye may reasonably do as God you help and the Holy Evangelists It was hardly possible to devise a more binding Oath And the Words Ye shall well and truly serve the King our Soveraign Lord and his People in the Office of Treasurer are an Evidence that our Forefathers took themselves to have some kind of Interest in what was call'd the Crown-Revenue If the Grant meets with no Objection at the Treasury the King signs a Warrant directed to the Attorny or Sollicitor-General who is another Great Officer impowering him to prepare a Bill containing such a Grant And if the Grant be of Mony appropriated by Act of Parliament or of Lands annex'd to the Crown by Act of Parliament or if the Grant be any ways illegal or prejudicial to the Crown it is the Attorny or Sollicitor-General's Duty to advertise thereof After Mr. Attorny has pass'd it it goes to the Signet the Custody whereof is in the Secretary of State who being a Minister in high Office is presum'd by the Laws to be watchful for the King 's Good and to inquire into all Matters relating to the Weal Publick He is presum'd to be apris'd of the Persons Merits to whom the Grant is to be made and likewise to understand either the Affluence or Want in the King's Coffers and the general Condition of his Revenue And having an Allowance for Intelligence he is presum'd to know the Discourses and Opinions of the People and how such Grants are relish'd If therefore the Person suing out the Grant has no Merit at all or at least no sort of pretention to so great a Reward or if he knows the Publick to be press'd with Wants and Debts or if he hears that the People murmur at the Taxes which Profusion introduces and Clamour to see the Nations Mony wasted by his Duty as Privy Councellor and by his Oath he is bound faithfully and plainly thereof to inform the King From the Signet it should go to the Privy Seal who is likewise another Great Officer who being near the Person of the King is presum'd to know the Condition of the Kingdom and therefore the Law has made him another Check He takes this Oath Ye shall as far forth as your Cunning and â—â—â—cretion sufficeth truly justly and evenly execute and exercise the Office of Keeper of the King 's Privy Seal to you by his Highness committed not leaving or eschewing so to do for Affection Love Meed Doubt or Dread of any Person or Persons c. So that if the Lord Privy Seal finds that through Corruption in other Offices or that by Power Importunity or partial Favour a Grant tending greatly to the Publick Damage and to the Diminution of his Prince's Revenue has pass'd so far as to his Office he ought to stop it there and is bound in Duty and by his Oath to lay the whole Matter before the King From the Privy Seal it goes to the Great Seal in the Custody of the Lord Keeper or Lord Chancellor of England who is accompted the Kingdom 's as well as the King's Officer and there the Grant is compleated upon which score in the Eye of the Law this Great Minister is most look'd upon his Oath is the same with that of the Lord Treasurer He swears Well and truly to serve the King and his People in the Office of Chancellor truly to Counsel the King not to suffer his Hurt or Dis-heriting nor that the Rights of the Crown be distress'd by any Means as far forth as he may let And if he may not let it he is to make it clearly and expresly known to the King with true Advice and Counsel And in all that he may he is to do and purchase the King's Profit So that more than any other as the highest Officer and as the last Check the Laws presume him to consult for the King 's good Therefore if the Grant be exorbitant if it be made to an undeserving Person if it notoriously surpasses the Merits of the Suitor if it was obtain'd upon wrong Suggestions if it occasions Obloquy to the Government or Discontent among the People if the King's Debts are many and clamorous if the Nation labours at the same time as the Gift is made under heavy Taxes and if the Grant tends greatly to the Hurt and Impoverishment of the Crown with all which Matters the Law presumes so great a Minister in the State to be acquainted he is bound in Duty and by his Oath not to fix the Great Seal to the said Grant but thereupon faithfully and impartially to advise the King And Chancellors who have acted otherwise and who contrary to the Trust of their Office have ventur'd to pass outragious Gifts Douns Outrageuses as the Records call 'em whereby the Crown has been impoverish'd have been heretofore as we shall show by and by question'd impeach'd and attainted in Parliament These were the ancient Steps in Passing Grants from the Crown which were afterwards inforc'd by a positive * Anno 27 Hen. 8. Cap. 11. Law in the Reign of Henry the Eighth a Prince jealous enough of the Regal Authority 'T is true by the Suggestion in the Preamble it looks as if the Act were made to preserve the Fees belonging to the Clerks of the Signet but bringing in Fees to Officers being never the Object of a Parliaments Care we ought to conclude that the House of Commons gave that fair Colour in the Reign of a Suspicious and Arbitrary Prince to the Regulations they intended to make as to Passing Grants from the Crown First the Law directs That the King's
Grants shall be brought to the Principal Secretary or to one of the King's Clerks of his Grace's Signet for the time being to be at the said Office of the Signet pass'd accordingly And be it also ordained and enacted That one of the Clerks of the said Signet to whom any of the said Writings signed with the King 's most gracious Hand or the Hand of any other aforesaid or any of them fortune to be deliver'd may and shall by Warrant of the same Bills and every of them within the space of eight days next after he shall have receiv'd the same unless he have Knowledge by the said Secretary or otherwise of the King's Pleasure to the contrary make or cause to be made in the King's Name Letters of Warrant subscrib'd with the Hand of the same Clerk and sealed with the King's Signet to the Lord Keeper of the King 's Privy Seal for further Process to be had in that behalf And that one of the King's Clerks of the said Privy Seal upon due Examination had by the said Lord Keeper of the said Privy Seal of the said Warrant to him addressed from the Office of the said Signet as afore may and shall within the space of eight days next after he shall have receiv'd the same unless the Lord Keeper of the Privy Seal do give them Commandment to the contrary make or cause to be made by Warrant of the foresaid Warrant to the said Lord Keeper of the Privy Seal Address from the Office of the Signet aforesaid other Letters of like Warranty subscribed with the Name of the same Clerk of the Privy Seal to the Lord Chancellor of England Lord Keeper of the Great Seal Chancellor of the Dutchy of Lancaster Chancellor of the King's Land of Ireland Treasurer and Chamberlains of the Exchequer and Chamberlains of any of his Counties Palatines or Principality of Wales or other Officer and to every of them for the writing and ensealing with such Seals as remain in their Custody of Letters Patent or Closed or other Process making due and requisite to be had or made upon any the said Grants according to the Tenor of the Warrant to them or any of them directed from the Officer of the Privy Seal as is afore specified These Cautions show how carefully our Constitution has provided that nothing shall be done which may turn in Despendium Regis aut Regni But here some flattering Lawyers will affirm That these Methods are Directive not Coerceive Or as Hobart says †Hobart's Reports Colt and Glover P. 146. That these kind of Statutes were made to put Things in ordinary Form and to ease the Sovereign of of Labour but not to deprive him of Power according to this Maxim of the same Judge That * Lord Sheffeild ver Ratcliffe p. 335. Dare Prerogativam est nobile Officium Judicis Debitum And truly heretofore Westminster-hall did so order it that these Fences intended to keep the Publick Revenues from the Hands of Spoilers were all broken down and that all these Statutes were evaded For the Force of all these wholsome Laws was enervated by Clauses afterwards incerted into the Letters Patents viz. Ex certa Scienta mero motu Gratia speciali Ex certa Scientia was very antiently made use of but the words became more necessary afterwards to defeat the 1st of Henry IV. where 't is enacted †Rot. Parl. 1 Hen. 4. Num. 98. That the true and express Value of the thing to be granted shall be incerted in the Letters Patents otherwise the Grant to be void So that these words suppose the King to have certain knowledge in every Circumstance of the thing he is to give away which happens very rarely to be the Case But notwithstanding these words if certain Proof can be made that the King was misinform'd by false Suggestion no Lawyer will say the Grant is good Ex mero motu imports the Honor and Bounty of the King who Rewards the Patentee for Merit without his Suit These words suppose the King to be truly appris'd of the Person 's Merit and were brought in to obviate the 4th of Henry IV. whereby it was enacted * Rot. Parl. 4 Hen. 4. That no Lands should be given but to such as deserv'd them and if any made Demands without Desert that he should be punish'd And to the same purpose were added the words Ex Gratia speciali yet more to denote that the Gift proceeded meerly from the King's Favour and not at the Party's Sollicitation But besides all this because anciently it seem'd a Fundamental that the crown-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
voie sy avaut come vous le poez destourber et sy vous ne poez destourber vous le ferez savoir clerement et expressement au Roy ensemblablement ove vostre loyal avis et Conseil et qe vous ferez et purchasarez le profit le Roy par tout ou vous le purrez faire resonablement Si dieu vous eide et les Seints Evangieles Prient qe ce lu et bien entendu et considerez les Circonstances de son dit responce sy bien Cest assavoir de ce qe nad pas dedit qe il ne receut du don le Roy puis qil estoit fait Conte estant en l office de Chanceller diverses Terres et Tenements come contenu est en le Empechement come qil ad conus ouvertement qil recent du Roy autres Terres et Tenements qe sont certeins et seures a la value de qatre Cents Marcs per an en Exchange de qatre Cents Marcs annuels qeux il avoit sur la Custume de Kyng ston sur Hull qe sont casuels et nemy sy seures nient enformant le Roy clerement de son damage celle partie et coment qil ad dit qil receut parties desdites Terres et Tenements issint pris en change devant qil estoit Chanceller les Communes dient qil estoit lors du Prive Conseil du Roy et a ce jurez et puis en la Creation del Office de Chanceller astrict de Nouel per serement et il en cel Office Agreant as Exchanges par luy devant suppliez prist et receust du Roy le remenant desdites Terres et Tenements en plein perfourmessement des Exchanges susdits et demandent Judgement du Parlement surtout son responce des susdits So that for the Insufficiency of his Answer the following Judgment was given Rot. ibid. Num. 13. Et purce qe le dit Conte ne allegea point â—n son Responce qil observe le effecte de son ferement en ce qil jurrast qe il ne saveroit ni ne suffreroit le damage ne la desheritison du Roy ne qe les droitures de la Corone fussent destruits par uulle voie sy evant come il les poiast destourber et si il ne les poet destourber il le feroit savoir derement expressement au Roy ensemblablement ove son loyal avise Counseil qil feroit purchasseroit le Profit le Roy per tout ou il le pourroit fair resonablement Et il tant come il estoit ainsy principal Officer du Roy Sachant le Estat necessite du Roy du Royalme prist du Roy tiels Terres Tenements come est suppose par le Empechment a luy en le dit premier Article surmis coment qil alleged en son responce qe les dons a luy issint faits furent confirmez par plein Parlement il ny a nul tiel record en Roulle de Parlement Purquoy Agardez est qe tous les Manoirs Terres Tenements Rents Services Feos Avoesons Reversions Profites ove lour Appurtenances per luy issint receus du Roy soient Reseisez reprises en les Mains du Roy a avoir tenir a nostre dit seigneur le Roy et ses Hoirs sy pleinement enheritablement come il les avoit tenoit devant le don eint fait al dit Conte et qe toutz les Issues et Profits ent receus ou leves al Oeps du dit Conte en le mesme temps soient levez al Oeps nostre Seignour le Roy des Terres et Chastelx du dit Conte illoques et aillours Mes ne est pas le Intention du Roy ne des Seignours qe celle Jugement sestende de luy faire perdre le nom et le Title de Conte ne les vingt livres Annuelx quex le Roy luy grana prendre des issues du Conte de Suffolk pur le Nom et Title avantdits Et outre purceqe le dit Conte nadpas dedit qil nestoit du prive Conseil du Roy et a luy jure quand il demanda primes du Roy la dit Exchange estre faite et ad conu qe devant les dites Exchanges perfourmes il fut fait Chanceller en qel Office il fust astrict per son serement faite en la forme avant dite So that it appears plainly from this Record That King Lords and Commons took it to be a Crime in the Lord Chancellor and against his Oath to take Lands in Gift or in Exchange from the King for upon the Chancellors Oath the Judgment was grounded it being in those Days thought and understood that he who was sworn to purchase the King's Profit should not inrich himself with the Revenues of the Crown and as the Record says that he chiefly ought not to do so who was le Principal Officer and who knew the State and Necessities both of King and Kingdom And it was a very odd Circumstance of those times that the Legislature should be necessitated to relieve the King against Frauds committed by the Principal Judge in Equity and by the Keeper of his Conscience Anno 11. Rich. II. The Legislative Authority was not satisfied with what had been done the Year before against this Chancellor but it was thought fit to proceed farther against Him and other bad Ministers who had attempted to overthrow the Constitution of this Kingdom The Duke of Glocester Uncle to the King and Constable of England the Earl of Darby the Earl of Arundel the Earl of Warwick and Thomas Earl Marshal accus'd Michael de la Pool and others of High Treason the Term then us'd was they Appeal'd 'em of Treason * Rot. Parl. 11 Rich. 2. p. 2. m. 7. Thomas Duc de Glocester Conestable d Engleterre Henry Conte de Derby Richard Conte de Arundel de Surry Thomas Conte de Warwick Thomas Conte Mareschal Appellons Alesandre Ercevesque Deverwik Robert de Verr Duc d Irland Michael de la Pool Conte de Suffolk Robert Treselian faux Justice Nicholas Brembre faux Chivalier de Londres de Hautes Trahisons par eux faits encâ—ntre nostre Seignour le Roy son Royalme Come Traitours Ennemies du Royalme Qeux Appel Trahison sont declarez Appointex Specesiez pleinement sy come est contenu en diverses Articles desous Escripts Et Priont qe les dits Appelles soient demandez et qe droit et Justice ent soit fait en cest present Parlement Then these Lords exhibited against Michael de la Pool and the rest 39 Articles of High Treason In the 5th 6th and 7th Articles they are accus'd for having procur'd to themselves and others and to their Kindred Grants of the Crown-Lands in England and Ireland besides Gifts of Mony to the Value of above One Hundred Thousand Marks by which the
and seid they were too horrible to speke more of theym and seid openly to the Kyng and all the Lordes that all the Articles comprehended in the seid Bille touchyng the Kyngs high Persone and thastate of his Royalme he trusteth to God he hath answered hem sufficiently for he hath denyed the Dayes the Yeres the Places and the Commumications hadd which were never thought nor wrought seying utterly they benâ—fals and untrue and in manner impossible for he seid soo grete thyngs coud not be done nor brought aboute by hymself alone onlesse that other Persones had doon her partie and be privy therto as well as he and he toke his Soule to perpetuel Damnation yf ever he knew more of thoo Maters than the Childe in the Moders Wombe And soo he not departyng from his seid Answers and Declaration submytted hym hooly to the Kynges Rule and Governance to doo with hym as hym list wheruppon the seid Chaunceller by the Kynges Commaundement seid unto hym ageyne in this Fourme Sire y conceyve you that ye not departyng from youre Answers and Declarations in the Matters aforeseyd not puttyng you uppon youre Parage submitte you hooly to the Kynges Rule and Governaunce Wherfore the Kynge commandeth me to sey you that as touchyng the grete and horrible thynges in the seid first Bille comprised the Kyng holdeth you nether declared nor charged And as touchyng the second Bille putte ayenst you touchyng Misprysions which be not Crymynal the Kynge by force of youre Submission by his owne Advyse and not reporting hym to thadvyse of his Lordes nor by wey of Judgment for he is not in place of Judgment putteth you to his Rule and Governaunce That is to say that ye before the first day of May next comyng shall absent your self out of his Reame of Englond And also from the seid first Day of May unto the end of five Yeres next following and fully complete ye shall absteyne to abyde in the Reame of Fraunce or in eny other Lordshippes or Places beyng under his Obeysaunce whersoever they be And that ye shull not shewe nor wayte nor no Man for you as far forth as ye may lette it no malice evil will harme ne hurte to eny Persone of what degree he be of or to eny of the Commons of this Parlement in noe manner of wyse for eny thing doon to you in this seid Parlement or elles where And forthwith the Viscount Beamount on the behalf of the seid Lordes both Spirituels and Temporelx and by their Advyse Assent and Desire recited seid and declared to the Kyngs Highnesse that this that was so decreed and doon by his Excellence concernyng the persone of the seid Duke proceded not by they re Advyse and Counseil but was doon by the Kyngs own demeanaunce and rule wherfore they besought the Kynge that this their seiyng myght be enacted in the Parlement Rolle for theyr more declaration hereafter with this Protestation that it should not be nor tourn in prejudice nor derogation of theym theyr Heyres ne of theyr Successors in tyme comyng but they may have and enjoy they re Lybertee and Freedome in case of theyr Parage hereafter as freely and as largely as ever they or eny of they re Auncesters or Pedecessours had and enjoyed before this tyme. Thus William de la Pool Duke of Suffolk the Kings Favourite and the Queens Minion was impeach'd by the Commons and banish'd by the Regal Authority Graft Chron. p. 609. Grafton speaking of him says He was notorious for enrychyng Hymself with the Kynges Goods and Lands gathering together and making a Monopoly of Offices Fees Wards and Ferms by reason whereof the Kynges Estate was greatly mynished and decayed and he and his Kin highly exalted and enriched Ibid. p. 610. Besides the same Author says He had dipp'd his hands in Blood having been a chief Instrument in contriving the Murther of Humphry Duke of Gloster But Sanguinary Men seldom escape unpunish'd for this Duke of Suffolk had his own Head struck off upon the side of a Cock-boat by a Servant belonging to the Duke of Exeter Cot. Post p. 280. In his Speech to the House of Commons Sir Robert Cotton cites an Old Author who gives an admirable Description of those times He says I will tell you what I found since this Assembly at Oxford written by a Reverend Man twice Vice Chancellor of this Place his Name was Gascoin a Man that saw the Tragedy of De la Pool He tells you that the Revenues of the Crown were so rent away by ill Council that the King was enforced to live deTallagiis Populi That the King was grown in debt quinque centena millia librarum That his great Favourite in treating of a foreign Marriage had lost his Master a foreign Duchy That to work his Ends he had caus'd the King to adjourn his Parliament In villis remotis partibus Regni where few People propter defectum hospitii victualium could attend and by shifting that Assembly from place to place to inforce I will use the Authors Words illos paucos qui remanebant de Communitate Regni concedere Regi quamvis pessima When the Parliament endeavour'd by an Act of Resumption the just and frequent way to repair the languishing State of the Crown for all from Hen. 3. but one till the 6 of Hen. 8. have used it this great Man told the King it was Ad dedecus Regis and forced him from it To which the Commons answer'd although Vexati laboribus Expensis quod nunquam concederent Taxam Regi until by Authority of Parliament Resumeret actualiter omnia pertinentia Coronae Angliae And that it was Magis ad dedecus Regis to leave so many poor men in intolerable want to whom the King stood then indebted Yet could not all good Council work until by Parliament that bad Great Man was banish'd which was no sooner done but an Act of Resumption followed the Inrollment of the Act of his Exilement Sir Robert Cotton that learned Antiqary is so intirely in the Right in this Assertion that whoever looks over the Records will find that there is not so much as a line interposed between the Proceedings against the Duke of Suffolk and the Act of Resumption so quickly they followed one another Which ought to be a perpetual Notice and Lesson to Posterity that when the People of England desire an Act of Resumption the Work must begin with Impeaching Corrupt Ministers We have hitherto produc'd Impeachments of elder Times which perhaps the Persons concern'd in point of Interest will call old musty Records We shall therefore now proceed to show some Presidents of a later date As our Ancestors held it a Crime for Men to procure to themselves Offices above their Capacity and Gifts and Grants from the Crown beyond their Deserts so in this latter Age the House of Commons have thought the like Proceedings not for the King's Honour and dangerous to the Publick 2
own Hands are clean and that they do not at all participate in the Depredations that are made upon the Publick If they have ask'd nothing for themselves 't is a sign they did not promote Grants for he who ventures to wrong the King will rather do it for his own Gain than for the Advantage of another Therefore a total Self-denial in the Minister is a great Mark of Innocence If they were seen to have as large a share in the Plunder as any others if the King 's best Lands and Mannors were found in their hands or which is worse if they had devour'd all the Flesh themselves and left to others only the Bones to pick if while the Publick was poor they had procur'd to themselves outragious Gifts of Money as they are call'd in the Records if it was known that they had procur'd immoderate Releases for Money now they term 'em Privy-Seals and that in an unwarrantable manner Our Ancestors look'd no farther but took the Ministers to be guilty and presum'd that they singly for their own Gain and Profit had incited the Prince to Liberalities inconsistent with the Welfare of his Crown and Government and thereupon our Forefathers grounded the Impeachments we have mention'd in this Section We do not find in the Records except in the Lady Vescie's Case that the Anger of Parliaments was provoked against the Common Herd of Courtiers who in all Ages have raked from the Prince whatsoever they could But the Sword of the Legislature was directed against their Heads who being Ministers of State in his Privy Council bound up by Oaths Astricts per lour serments and having Offices attended with large Sallaries and Profits did nevertheless with insatiable Avarice and Ambition and without any Consideration of the Publick Wants and Miseries rob the Crown of all they could by a Practice as foul in it self as it was fatal in its Example For in these Cases the Law has only an Eye to those who are intrusted and expects the Town should not be sold surrender'd or betray'd by the very Centinels who are set to watch the Gates Perhaps these Great Men alledged in their Excuse That none will serve a Court without Rewards But our Ancestors thought the Appointments belonging to their Offices a sufficient Recompence and that Government grows very costly when Ministers must go away with Ten thousand Pounds per Annum Estate for Five or Six Years Service Nor did our Fore-fathers think it Reasonable that out of the Substance of the Commons of England there should be built up every Year Three or Four New and Wealthy Families 'T is true indeed the Ranulphs the De la Pools the Beurlees and the Buckinghams of former Ages might very well expect all they got or could get if every Day they were making bold Steps by which they ran a Hazard of their Necks But in Times when the Laws govern and when extraordinary things are neither expected by the Prince nor suffer'd by the People Ministers for their Service ought to be contented with a moderate Reward 'T is probable likewise that when they begg'd those large Grants of former Kings for which they were impeached they suggested to 'em what immense Summs of Money they had got granted for them by the Commons But if the true Necessities of the State requir'd it the Gifts would have proceeded without their urging Nor do we find that Hubert Archbishop of Canterbury a good and faithful Servant got or was impeach'd for getting Grants tho' he had obtain'd Eleven hundred thousand Marks for the Redemption of King Richard Besides our Ancestors never thought that procuring Money from the People ought to commute for robbing the Prince well-knowing that to be true which my Lord Verulam has since observ'd that these Men so dextrous at finding out Projects and at inventing new Taxes * Life Henry VII p. 210. Prey upon the People like tame Hawks for their Master and like wild Hawks for themselves Our Fore-fathers had good Reason to animadvert upon these Proceedings for nothing more tends to corrupt a Country than the easie way of getting Wealth by the Profusion of a Court. It makes Men abandon the Thoughts of raising themselves by Virtue and Merit and reduces a Nation to the State of which Mr. Pym speaks when he says There are but few now that apply themselves either to do well or to deserve well finding Flattery and Compliance to be the easier way to attain their Ends and Expectations But the Advocates for Male-Administration and they who give a fair Colour to Corruptions of this Nature will perhaps urge that generally the Heirs of such as here are mentioned to have been attainted for these Crimes have been restor'd in Blood We grant the Fact to be so but this is no Argument that they were wrongfully accus'd or coudemn'd Perhaps to make the Punishment extend beyond the Person of the Criminal is wrong in our Constitution and that all Restitutions in Blood whatsoever ought to be favour'd But Families have been restor'd whose Parents no Man will pretend to justifie * Rot. Parl. 2 Hen. V. Numb 19. Hamond Belknap was enabled in Blood 2. Hen. V. and the Family was afterwards fully restor'd 6 Hen. VIII And yet no English Man will offer to say that Belknap did not deserve his Death The Attaindures shew'd the severe Justice of our Ancestors and the Restitutions that came afterwards are Signs only that we are born in a Country where the People are well natur'd and who cannot long entertain angry and revengeful Thoughts but where Lenity has encourag'd many Persons more boldly to enterprise against the Publick Thus far as to what has been done in these Matters But before we conclude this Section we shall observe That other Countries as well as England have relieved the Affairs of the Prince by Resumptions for which Grotius cites several Authorities †Grotius de Jure Belli ac Pacis L. 2. Annot. ad Cap. 14. Donata etiam ab Emptoribus repetiit Galba relicta decima Tacit. Hist 1. Pertinax etiam à liberis ea exegit quae sub specie venditionis Commodo Principe lucrifecerant Basilius Macedo Imperator repetiit quae Michael Imperator elargitus fuerat Zonaras de eo Communi consensu placuit ut qui pecunias nulla probabili ex causa accepissent partim totas partim dimidium redderent Vide eundem Isaacio Comneno de donationibus Ludovici XI vide Serranum Carolo VIII de ejusdem donationibus etiam quae Ecclesiis factae non servatis Philippum Cominaeum lib. ix Marianam vero de donationibus quas Arragoniae Rex Ramirus fecerat rescissis lib. x. cap. xvi de Isabellae donationibus rescissis per ipsam xxvii cap. ii .. The same has been done in Scotland †Drammond 's Hist of Scotland p. 27 28. James the 1st recall'd all such Lands as had been either alienated or wrongfully Usurped from the Crown And also what was wont to be idly
far from thinking his Prerogative injur'd by Acts of Grace and Favour by which good Government might be promoted that he himself desir'd of the House of Commons that his whole Privy Council might be named and Established Rot. Parl. 7 8. Hen. 4. Num 31. in Parliament Et rehercea outre coment l'Erceveqe de Canterbirs lour avoit fait report qe le Roy vorroit estre conseilez per les pluis sages Seignours du Royalme lesqeux deussent avoir survieu de tout ceo qe seroit fait pur la bone Gouvernance de son Royalme A qel cbose faire le Roy sagrea rehercea per son bouche propre qil fuist savolonte entier Et sur ceo fust lue une Bille fait per le Roy mesme de sa volonte propre de les noms des Seignours qi seront de son Conseil Afterwards the Privy Counsellors are actually nam'd in the Bill and the Lord Chancellor Lord Treasurer Privy Seal and other great Officers are therein directed to act nothing of Importance without the concurrent Advice of the rest of the Council Et qe Billes a endorser per le Chambrelayn Lettres dessous le Signet de nostre dit Seignour le Roy a Adressers autres Mandements a doner as Chanceller Tresorer Gardien du Privee Seale autres Officiers qeconqes desore en avant en tielx Causes come desuis seront endorsez ou faitz per advys du Conseil Et qe les dits Chanceller Tresorer Gardien du Privee Seale autres Officiers ne facent en tielx Causes si non per advys du dit Consil The King goes on farther and desires his own Authority may be circumscribed in several Points and yet when he made those Concessions he was neither in his Nonage nor did he doat nor was he press'd by any Insurrection of the People and 't is notorious he neither wanted Policy nor Courage But 't is rather probable that he thought it Honest and Wise and no diminution to his Honour to oblige that People with wholsome Laws and good Government who had given him the Crown and who had been at such Expences to support his Title Magnanimous Kings have not only been Favourers of Publick Liberty but they have likewise been frugal of the Peoples Money as appears in the Instances of Henry the 1st Henry the 2d Edward the 1st Henry the 4th Henry the 5th Henry the 7th and Q. Elizabeth which shows how wrong their Notion is who think Wise and Thrifty Princes dangerous to the Freedom of a Country whereas profuse Kings such as John Henry the 3d Edward and Richard the 2d did not ouly waste the Nations Treasure but every one of 'em compell'd the People to fight Pitch'd Battles in defence of their Civil Rights Gallant Princes desire to make the People easie Henry the 4th of France our present King 's great Grand-Father said once he hop'd to order Matters so that every Man in his Kingdom should have a boil'd Capon to his Dinner None of the Apothegms utter'd by great Men and so much commended by the Antients could become the Mouth of a King so well as this Noble and Well-natur'd Saying 'T is probable had he liv'd he would have brought it about which if he could have done 't would have been a nobler Trophey to his Fame than all the Victories he had obtain'd The Honour of a King consists chiefly in doing good to the Universal Body of his People and the Publick Welfare is to weigh with him above all other Respects He is often to divest himself of the narrow Thoughts which sway among private Men and he can hardly be a good Ruler unless he does now and then in his Politick what he would not do in his Natural Capacity He is a Person intrusted by the Common-Wealth and what he acts in discharge of that Trust cannot be call'd dishonourable The Commons in the Resumption made 1 Hen. 7. tell the King in their Bill It is for his own Suerty Honor and Weal and for the Vniversal Weal Ease Rest and Suerty of his Land the which he ought to prefer before the Favour of any Person or any Place or other thing Earthly The same Words made a part of the Preamble in most-of the other Bills of the like Nature by which it appears to have been the continu'd Sense of our Ancestors that the Reputation of a Prince was never injur'd by Acts wherein the Ease and Relief of his People was consulted 'T is true such a Minister as the Chancellor de la Pool had other Sentiments and gave Advice of another kind being willing to countenance his own Depredations by the Example of others Such as he may engage the King's Honour in the Protection of their Crimes so to shelter themselves under his Wings and pretend things lessen his Fame which will only lessen their Estates But good Ministers have always thought that nothing could more hurt the Reputation of a Prince than to be reduc'd by Profusion to Courses by which his Country must be opprest with Taxes 'T was a common practice with the Duke of Sully to obstruct and often to vacate his Masters Gifts and Grants yet this great Man was sufficiently jealous of his Princes Fame In Spain Henry the Amirante Pacieco d' Ascolone and Henry de la Fortuna three Grandees had obtain'd of Ferdinand each of em a Million of Livres of Gold charg'd on the Revenue of Peru and should have receiv'd it at the Return of the Plate-Fleet but Cardinal Ximenes utterly * Bandier le Ministere du Card. Ximenes annulled these immoderate Gifts tho' de la Fortuna was the King's own Kinsman saying The Revenue of Princes tho' great in it self is always too little for the Necessities of the State And notwithstanding the Spanish Punto of Honor we do not find this Proceeding resented by King Ferdinand Before his Greatness was so establish'd seeing a very disadvantagious Farm of the Silks of Granada let for Ten Years by the Advice of Don Manuel the Treasurer to which the King had consented and which was offer'd at Council to be seal'd he took the Charter and tore it pnblickly of which the Pieces are kept among the Records of Arcala as a Memorial of this Ministers Courage and Integrity saying Salto Don Manuel were you not my very good Friend the King should cause your Head to be taken off Dare you make Grants so prejudicial to the State Nor did Phillip the 1st take it ill that his own and his Favourites Doings were thus revoked We agree that Princes in all their Actions are to consider Fame because Opinion is one of the main Pillars to support their Authority But let any reasonable Man answer Is it not more glorious for a Prince to let the whole People under his Reign enjoy Ease and Plenty without new Impositions and Duties than to enrich a few Minions and Favourites with the Spoils of a whole
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
the Lords to put them in mind of the said Bill and that Sir Robert Rich carry the said Message The Bill fell in the House of Lords by Reason of the shortness of the Session for on the 5th of January the Parliament was adjourn'd to the 31st of March and so by short Adjournments till the following Year But before the Recess his Majesty was graciously pleas'd in his speech to both Houses on the 5th of January to say as follows And I do likewise think it proper to assure you that I shall not make any Grant of the forfeited Lands in England or Ireland till there be another Opportunity of settling that matter in Parliament in such manner as shall be thought most expedient The following Sessions began 22 die Oct. 1691. Sabbati 16. die Jan. 1691. Order'd that leave be given to bring in a Bill to vest the Forfeited Estates in Ireland in their Majesties to be applied to the Uses of the War Order'd that leave be given to bring in a Bill for vesting the Forfeited Estates in England in their Majesties to be applied to the Uses of the War and 't is referred to Mr. Smith c. Sabbati 23 die Jan. 1691. Mr. Smith presented the two Bills Martis 26 die Jan. 1691. Each of the Bills were read a first time and order'd a second Reading Jovis 28. die Jan. 1691. Each of the said Bills were read a Second time and committed to a Committee of the whole House Lunae 1. die Feb. 1691. The House resolv'd it self into a Committee of the whole House c. Mr. Palmes Reported from the Committee that they had gone through the Bill for vesting the Forfeited Estates in England and had made some Progress in the Bill relating to Ireland Jovis 4. die Feb. 1691. Mr. Palmes Reported the Amendments made by the Committee to the Bill for vesting the Forfeited Estates in England c. which were read and agreed to by the House Several Clauses or Savings were offer'd and agreed to Among the Rest that nothing in the Bill contain'd should extend to Grants made to the Earls of Monmouth and Torrington Order'd That the Bill with the Amendments be engrossed Mr. Palmes also Reported the Amendments to the Bill for vesting the Forfeited Estates in Ireland Veneris 5. die Feb. 1691. The House proceeded to take into Consideration the Report of the Amendments to the said Bill and several of them were read a second time and agreed to c. Martis 9. die Feb. 1691. The House proceeded in the further Consideration of the Report c. A Clause was offered for their Majesties to grant to any Person or Persons as a Reward for their Service any of the Lands and Hereditaments vested in their Majesties by vertue of this Act so as such Lands and Hereditaments do not exceed ..... in Value of the whole Lands Tenements and Hereditaments so vested in their Majesties to any such Person or Persons as a Reward for his or their Service A Clause offer'd that it should be lawful for their Majesties to Grant to James Duke of Ormond and his Heirs any of the Forfeitures made by this Act or any other Means within or on any the Estate or Estates of the said Duke Twice Read and Agreed to Other Clauses Read and Agreed to Order'd That the Bill with the Amendments be engross'd Veneris 12. die Feb. 1691. An Engross'd Bill for vesting the Forfeited Estates in England in their Majesties to the use of the War was read the third time Riders offer'd and agreed to Resolv'd That the Bill do pass Order'd That Mr. Palmes do carry the Bill to the Lords and desire their Concurrence An Engross'd Billfor vesting the forfeited Estates in Ireland in their Majesties to be applied to the Use of the War was read the Third time Several Riders presented and agreed to Resolv'd That the Bill do pass Ordered That Mr. Palmes do carry the Bill to the Lords for their Concurrence Note In the Bill relating to the Irish Forfeitures there was reserv'd to their Majesties one third part of the Forfeitures To be disposed and given to such Military Officers and Soldiers as their Majesties should think fit who actually serv'd in the Wars in Ireland in Person there and to no other Person or Persons whatsoever During this Sessions Proposals were offer'd for raising Money upon the forfeited Estates Jan. 1st 1691. Resolv'd That a Committee be appointed to receive Proposals for raising Money upon the forfeited Estates in Ireland and it is referred to Mr. Smith c. Martis 26. die Jan. 1691. Order'd That the Committee to whom it was referr'd to receive Proposals for raising of Money upon the forfeited Estates in Ireland be impower'd to inquire into the disposal of forfeited Estates there Sabb. 13. die Feb. 1691. Order'd That the Report of the Committee appointed to receive Proposals c. be made upon Monday Morning next Mercurii 17. die Feb. 1691. The said Report was made 'T is very long but well worth the Perusal of all Members and is to be found in the Journal of 1691. Fol. 866. What pass'd in 1690 and 1691 is a sufficient Indication that the People of England had no mind this Matter should sleep The next Year viz. 1692 3. We may say a Claim to these Estates was continued and kept afoot by an humble Address from the House of Commons to the Throne Sabbati 4. die Martii 1692 3. where among other things it is thus pray'd And for asmuch as the Reducing of Ireland hath been of great Expence to this Kingdom We humbly beseech your Majesty That according to the Assurance Your Majesty hath been pleas'd to give No grant may be made of the forfeited Estates in Ireland till there be an opportunity of settling that Matter in Parliament in such manner as shall be thought most expedient That a true Accompt of the Escheats and Forfeited Estates both Real and Personal and Stores left by the late K. James may be laid before your Commons in Parliament assembled to the end that the said Escheats Forfeitures and Stores and the Embezzlement thereof may be inquired into Veneris 10. die Martii 1692 3. To this Address His Majesty was graciously pleased to give the following Answer Gentlemen I shall always have great Consideration of what comes from the House of Commons and I shall take great Care that what is amiss shall be remedied The Year following the Matter was again reviv'd and other Bills brought in of the same Purport with the former Veneris 12. die Jan. 1693. Order'd That a Bill be brought in to vest the forfeited Estates in Ireland in their Majesties to be applied to the use of the War The like Order for the forfeited Estates in England Mercur. 24. die Jan. 1693. The Honourable Henry Boyle Esq according to Order presented to the House a Bill to vest the forfeited Estates in Ireland in their Majesties to be applied to the Use of the War And also A Bill to vest
in it if you will take in all the Grants since the Restoration of King Charles the Second But few are so short sighted as not to see into this Artifice such as are for making their Resumption so large desire none at all and would engage a great many different Titles to oppose it If it could possibly consist with the Rules of Justice if to do so would not produce unspeakable Disorders if it would not utterly ruin a great number of Families no doubt the Publick labouring under so many Debts and Difficulties such a general Resumption would be advisable all which are strong Objections to the making it so extensive To which may be answer'd that the same Inconveniences will happen by resuming the Irish Forfeitures we shall therefore try to shew how the Cases differ But to clear these Points we must repeat some things that have been laid down in the foregoing part of this Discourse That the Kings of this Realm have always prescribed a Power of alienating the Crown-Revenue by their Great Seals That it would not have been convenient in the beginning of this Constitution to have bound up the Prince's Hands from all kind of Alienations for then by Forfeitures and Attainders in process of time the King would have been Lord of the whole Soil That however Parliments by Petitions Bills or Acts of Resumption have all along laid in a claim of the People's Interest in this Revenue especially when the Grants were become exorbitant That the Wasts committed upon the Crown-Revenue produced at last viz. 11. Hen. 4. a positive Law porhibiting these sort of Alienations That the force of the Law was evaded by Clauses of non obstante incerted in the Letters Patents That these Clauses seem condemn'd by the late Act for declaring the Rights and Liberties of the Subjects When King Charles the 2d came in the Doctrine of the Court was sow a little that you may reap much and they who were then intrusted with the Nation 's Purse were themselves for diving into the Princes Pocket And at the same time the Doctrine of Westminster Hall was to advance the Prerogative as high as possible thus the King was perswaded to give away the greatest part of his Crown Lands and by the Proceedings of Westminster Hall the People were encouraged to think such Grants were good in Law the Courtier begg'd and the Citizen bought so that immediately he was in a manner divested of all and yet they who had suffer'd for him and his Father were few of 'em the better for all this immoderate Bounty These Liberalities of his were not bestow'd as the Recompence of antient Merit but were often the Price of Treachery and the Rewards of Vice And as Cyrus observ'd that in Camps the most worthless Souldiers are the busiest to get Plunder so the same thing may be said of a Court expos'd to Spoil the worst Men in it are the most ravenous and generally make the best Advantages The Observation we have now made did apparently hold true as to King Charles's Court however ill-gotten Goods seldom thrive and very little of what was thus obtain'd remains with the first Possessors but is now dispers'd into a Multitude of Hands Though what he did was so prejudicial to the Crown yet such was then the flourishing Condition of our Affairs that we could bear a great deal of ill Management Besides some were glad enough to see a young Prince necessitated to depend upon his People who was apprehended to meditate arbitrary Power But whatever govern'd the Councels of those times certain it is that there was no actual Bar put in the Way of his destructive Bounty 'T is true as we have noted in the third Section 't was complain'd of but all ended in an Address which had very little in it of the Spirit which our Ancestors had shewn upon the like Occasions Leave was given at the beginning of that Reign to bring in a Bill of Resumption A Bill was twice read to regulate and restrain such Alienations and an Address was thereupon made but no consequence following upon all this the People of England had reason to believe that the Parliament acquiesced in what was done at Court The matter did not only Sleep then but was not as we can find afterwards reviv'd and for many Years it was hardly mention'd in the House of Commons insomuch that Estates though so newly deriv'd from the Crown came in a short space of Time to bear almost an equal value with any other sort of Land But if as in ancient times such a Proceeding of the Court had been complain'd of from Sessions to Sessions if as heretofore the Ministers that procured the Grants had been impeach'd if Bills of Resumption had been frequently offer'd though rejected such Motions would have been some Warning to the Nation the Purchasers would have look'd about 'em every Man must have known the Hazzard he was to undergo and he can only accuse himself who will run into it when before hand he is acquainted with the Danger But the Legislative Authority continuing so long silent in the matter and the Lawyers of those times making no Objection to Titles of this Sort depending upon their Ex certa Scientia mero Mortu Gratia speciali and yet more upon their Clauses of non obstante the People were induced to think they might as safely make these as any other Sort of Purchases Hence it was that what belong'd to the Crown but so lately came to be a matter of Publick Traffick among the People insomuch that the whole Fortune of very many Families is therein embark'd What Cato said is indeed true if rightly distinguish'd that there ought to be no praescription against the Publick Plut. vit Cat. Neâ— Mortales contra Deum immortalem nec privatos contra Rempublicam praescribere posse This holds without doubt when private Men get fraudulently or by Force into Possession of what belongs to the Publick and at the beginning were Possessores mala Fide which length of time ought not to purge But in a mixt Government if one Part of the State suffers the other Part to alienate what the whole have an Interest in and if the said Part had power and Opportunity to make an Opposition and yet made none it implies such a Consent as according to the Law of Nations and the Rules of Justice ought to indemnifie to all Intents and Purposes the Possessor bona fide and the Purchaser upon a valuable Consideration Grotius Dc Jure Belli ac Pacis l. 2. Cap. 6. n. 10. speaking upon Alienations says * Inconsulto vero Populo Rex id non potest si maneamus inter terminos naturales quia juris temporarii quale est Regnum electorum aut lege succedentium ad Imperium effectus nisi temporarii esse non possunt potuit tamen Populi ut expressus consensus ita tacitus consuetudine introductus qualem nunc passim vigere cernimus id
in every Sessions a Claim has been put in by the Representatives of the People and as we have set forth Twelve several Bills have been presented and read all tending to appropriate these Forfeitures to the uses of the War So that the new Possessors of these Estates cannot pretend that any Silence has given a Sanction to what has been done or that a quiet and unquestiond enjoyment has so far confirm'd their Right as that thereby they may plead Praescription If any of these Lands have been sold or traffick'd about the Purchasers cannot plead Ignorance by the Steps made in Parliament they could not but know they bought a litigated Title the same may be said as to Marriage Settlements Jointures or any other civil contract that has Relation to the Grants lately made 4thly What Crown-Lands K. Charles gave away descended lineally to him from his Ancestors The Irish Forfeitures have been lately purchas'd with the Blood and Treasure of this Kingdom If any Man could think that a Resumption retrospecting so far as the beginning of King Charles Il's Reign would be for the Publick Good why has it been never set afoot or mention'd at any other time but when the Parliament had a desire by a Resumption in Ireland to ease the People in their Taxes All the Premisses consider'd perhaps it will appear to any unbiass'd Person who desires to help the Affairs of England by a Resumption That to follow the greatest Number of Presidents and according to the Rules of Prudence and Justice the Bill ought to look no farther backwards than this or the Reign immediately preceeding We hope to have made it evident in the Series of this Discourse That according to the Constitution of this Kingdom the late Grants may be resumed We have produc'd variety of Presidents to justify such a Proceeding 'T is hoped we have given them a full Answer who would engage the Kings Honour in Countenancing their Depredations upon the Publick Peradventure we have produc'd undeniable Proofs that the People of England have an Interest in these Lands and Perhaps we have silenc'd those who to clog a good thing would put us upon a wrong scent by proposing to look farther backwards than in Justice and Reason we ought to do And if we have made out all these Positions it will not be difficult for good Englishmen to think inferr and conclude That more especially the forfeited Estates in Ireland ought to be apply'd towards Payment of the Publick Debts The Writer of these Papers from the first time he bent his Studies to Matters of this Nature has all along endeavour'd to propose such Ways and Means of raising Mony as might give ease to the Landed Interest of which he hopes what he has formerly publish'd is a sufficient Evidence 'T is true the freedom and Sincerity with which he has handled these Points may have drawn upon him powerful enmities but if he has given any Hints by which England may save two Millions and remain this Yearwithout a Land Tax he shall think his Labour well employ'd and little value the displeasure of Particular and Interested Persons whose Resentments ought truly not to fall upon him but rather upon those whose general ill Conduct has made so rough a thing as a Resumption necessary However he who looks into any Male administration stirs up a Nest of Hornets If any one be touch'd who has been concern'd in Procuring Grants all that have participated in his Guilt will be alarm'd Tacit. Hist l. 4. and think themselves bound to act in his Defence for if one Criminal falls the rest are all in danger * Nam si Marcellus Eprius caderet Agmen Reorum Sterneretur There is an Anecdote or secret History belonging to these Grants well worth the Knowledge of good Patriots the Writer of these Papers is not quite without Materials for it Nor is he at all withheld by any of those private and mean Fears which commonly obstruct National Designs but the Truth is he has not this time had leisure to put so Dark and Intâ—icate a matter into any tolerable Method The Manner of procuring several of the Irish Forfeitures has been as criminal by its Circumstances as in itsself but of this at another Season To look into the Depredations lately committed is so copious a subject that he who bends his Thoughts this way is sure to have matter enough before him and if all things were well examin'd it would perhaps be found that the Resumption here propos'd is not the only way of raising Mony to ease the People in their Taxes There have been of late Years given in Parliament upwards of Fifty Millions This immense Summ as we all know has been transmitted into two Offices for the use of the War And by an Inquisition into those Offices peradventure something very considerable is to be recover'd The Author thinks he cannot employ his Hours of Leisure more to his Country's Service than in Inquiries of this Nature And next Year if he finds a Continuation of these Foul Practices which have been so destructive to England and so prejudicial to the King's Interest he purposes to open a new Scene That Zeal for the Publick which has now warm'd him shall not in the least cool and though he should be left to stand alone he will still combat on and neither ask nor give Quarter in the Conflict he intends to maintain with the Corruptions of the Age. FINIS Compare page 335 image 168 on the sudden he could not govern himself in the Change But Prosperity laid open the secret Faults of his Mind which were suppress'd and choaked before Thomas of Walsingham calls him Michael Atte Pole and says he was convicted in Parliament of notorious Frauds Walsing p. 324. Num. 10. Convicerant eum nempe de multis Fraudibus et quibusdam proditionibus in Regem quos nequaquam inficiari nequibat unde et cum responsis astaret et objecta negare nequibat Rex pro ipso verecundatus et rubore suffusus caput agitans heu heu inquit Michael vide quid fecisti But as soon as the Parliament was up the King took him into greater Favour than before But the Weight of a Parliament will at last bear down a bad Minister so that de la-Pool durst not stand the next Sessions but fled to France where he died in Exile But take from Walsingham the Character of this Chancellor with the Account of his Death Ibid. p. 339. Hac Aestata persidiae promptuarium Sentina Avaritiae Auriga Proditionis Archa Malitiae Odii Seminator Mendacii Fabricator susurro nequissimus dolo praestantissimus artificiosus detractor Patriae delator Michael Atte Pole quondam Comes Southfolchiae Regnique Cancellarius Compare page 297 image 149 he is to make it clearly and expresly known to the King with true Advice and Counsel And in all that he may he is to do and purchase the King's Profit So that more than any other as the highest Officer and as the last Check the Laws presume him to consult for the King 's good Therefore if the Grant be exorbitant if it be made to an undeserving Person if it notoriously surpasses the Merits of the Suitor if it was obtain'd upon wrong Suggestions if it occasions Obloquy to the Government or Discontent among the People if the King's Debts are many and clamorous if the Nation labours at the same time as the Gift is made under heavy Taxes and if the Grant tends greatly to the Hurt and Impoverishment of the Crown with all which Matters the Law presumes so great a Minister in the State to be acquainted he is bound in Duty and by his Oath not to fix the Great Sale to the said Grant but thereupon faithfully and impartially to advise the King And Chancellors who have acted otherwise and who contrary to the Trust of their Office have ventur'd to pass outragious Gifts Douns Outrageuses as the Records call 'em whereby the Crown has