Grants shall be brought to the Principal Secretary or to one of the King's Clerks of his Grace's Signet for the time being to be at the said Office of the Signet pass'd accordingly And be it also ordained and enacted That one of the Clerks of the said Signet to whom any of the said Writings signed with the King 's most gracious Hand or the Hand of any other aforesaid or any of them fortune to be deliver'd may and shall by Warrant of the same Bills and every of them within the space of eight days next after he shall have receiv'd the same unless he have Knowledge by the said Secretary or otherwise of the King's Pleasure to the contrary make or cause to be made in the King's Name Letters of Warrant subscrib'd with the Hand of the same Clerk and sealed with the King's Signet to the Lord Keeper of the King 's Privy Seal for further Process to be had in that behalf And that one of the King's Clerks of the said Privy Seal upon due Examination had by the said Lord Keeper of the said Privy Seal of the said Warrant to him addressed from the Office of the said Signet as afore may and shall within the space of eight days next after he shall have receiv'd the same unless the Lord Keeper of the Privy Seal do give them Commandment to the contrary make or cause to be made by Warrant of the foresaid Warrant to the said Lord Keeper of the Privy Seal Address from the Office of the Signet aforesaid other Letters of like Warranty subscribed with the Name of the same Clerk of the Privy Seal to the Lord Chancellor of England Lord Keeper of the Great Seal Chancellor of the Dutchy of Lancaster Chancellor of the King's Land of Ireland Treasurer and Chamberlains of the Exchequer and Chamberlains of any of his Counties Palatines or Principality of Wales or other Officer and to every of them for the writing and ensealing with such Seals as remain in their Custody of Letters Patent or Closed or other Process making due and requisite to be had or made upon any the said Grants according to the Tenor of the Warrant to them or any of them directed from the Officer of the Privy Seal as is afore specified These Cautions show how carefully our Constitution has provided that nothing shall be done which may turn in Despendium Regis aut Regni But here some flattering Lawyers will affirm That these Methods are Directive not Coerceive Or as Hobart says †Hobart's Reports Colt and Glover P. 146. That these kind of Statutes were made to put Things in ordinary Form and to ease the Sovereign of of Labour but not to deprive him of Power according to this Maxim of the same Judge That * Lord Sheffeild ver Ratcliffe p. 335. Dare Prerogativam est nobile Officium Judicis Debitum And truly heretofore Westminster-hall did so order it that these Fences intended to keep the Publick Revenues from the Hands of Spoilers were all broken down and that all these Statutes were evaded For the Force of all these wholsome Laws was enervated by Clauses afterwards incerted into the Letters Patents viz. Ex certa Scienta mero motu Gratia speciali Ex certa Scientia was very antiently made use of but the words became more necessary afterwards to defeat the 1st of Henry IV. where 't is enacted †Rot. Parl. 1 Hen. 4. Num. 98. That the true and express Value of the thing to be granted shall be incerted in the Letters Patents otherwise the Grant to be void So that these words suppose the King to have certain knowledge in every Circumstance of the thing he is to give away which happens very rarely to be the Case But notwithstanding these words if certain Proof can be made that the King was misinform'd by false Suggestion no Lawyer will say the Grant is good Ex mero motu imports the Honor and Bounty of the King who Rewards the Patentee for Merit without his Suit These words suppose the King to be truly appris'd of the Person 's Merit and were brought in to obviate the 4th of Henry IV. whereby it was enacted * Rot. Parl. 4 Hen. 4. That no Lands should be given but to such as deserv'd them and if any made Demands without Desert that he should be punish'd And to the same purpose were added the words Ex Gratia speciali yet more to denote that the Gift proceeded meerly from the King's Favour and not at the Party's Sollicitation But besides all this because anciently it seem'd a Fundamental that the Crown-Lands were not alienable and because all along Parliaments had complain'd of these Alienations as looking upon 'em to be illegal the Lawyers of old Times endeavour'd to secure and cover all by a Clause of Non Obstante to be incerted in the Patents These Clauses of Non Obstante were not known in our original Constitution Mathew Paris says they grew rife in the Reign of Henry III. Anno Dom. 1250. * Mat. Paris p. 810. Sprsimque jam tales Literae in quibus inserta est haec detestabilis adjectio Non Obstante Priore Mandato vel haec Non Obstante Antiqua Libertate Suscitabantur Then he goes on Quod cum comperisset quidam vir discretus tunc Justitiarius scilicet Rogerus de Thurkeby ab alto ducens suspiria de praedictae adjectionis appositione dixit Heu heu hos ut quid dies expectavimus Ecce jam civilis Curia exemplo ecclesiasticae Coinquinatur a Sulphureo fonte intoxicatur But this Clause grew more necessary after the 11th of Henry IV. when it was plainly and directly enacted * Rot Parl. 11 Hen. 4. Num. 23. That all manner of Heriditaments which from thenceforward should fall into the Crown should not be alienated but remain to the King And this last Law being positive unrepeal'd as we know of and still in force as much as Magna Charta and the Doctrin of Non Obstantes seeming to be condemn'd by The Ast declaring the Rights and Liberties of the Subject in these Words That the pretended Power of Suspending of Laws or the Execution of Laws by Regal Authority without Consent of Parliament is Illegal That the pretended Power of dispensing with Laws or the Execution of Laws by Regal Authority as it hath been assum'd and exercis'd of late is Illegal There will arise a Question how far the Grants made since the passing this Act 1 Gul. Mar. are valid by the Laws as they stand at present For we may argue thus It was enacted 11 Hen. IV. That the Crown-Lands should not be granted away However the Practice was otherwise and the Grants were supported by Clauses of Non Obstante But these Non Obstantes or the dispensing with Laws in force being declar'd Illegal it should follow that the Grants of Crown-Land made for these last ten Years are void in Law and revokable at the King's Will and Pleasure
Coâ— 1. It was an Article against the Duke of Buckingham that he had such a Multiplicity of High Offices in the State as no one Person could well and truly discharge That for his own particular Gain he had sold Patents to be Peers of England to the prejudice of the Gentry and dishonour of the Nobility of this Kingdom That besides his great Employments and the Profits thereunto belonging which might have satisfy'd any moderate Ambition He had procur'd to himself several Grants of the Crown Revenue amounting to a high Value But that the Reader may have this matter of Impeachments more fully before him we shall here incert the three Articles which have Reference to our present subject tho they are already publish'd in Rushworth Rush Coll. 1 vol. p. 306. Art I. That whereas the Great Offices expressed in the said Duke's Stile and Title heretofore have been the singular Preferments of several Persons eminent in Wisdom and Trust and fully able for the weighty Service and greatest Employments of the State whereby the said Offices were both carefully and sufficiently executed by several Persons of such Wisdom Trust and Ability And others also that were employ'd by the Royal Progenitors of our Sovereign Lord the King in Places of less Dignity were much encouraged with the Hopes of Advancement And whereas divers of the said Places severally of themselves and necessarily require the whole care industry and attendance of a most provident and most able Person He the said Duke being young and unexperienced hath of late Years with exorbitant Ambition and for his own profit and advantage procured and ingrossed into his own hands the said several Offices both to the danger of the State the prejudice of that Service which should have been performed in them and to the great discouragement of others who by this his procuring and ingrossing of the said Offices are precluded from such hopes as their Vertues Abilities and Publick Employments might otherwise have given them p. 334. Art IX Whereas the Titles of Honour of this Kingdom of England were wont to be conferred as great Rewards upon such virtuous and industrious Persons as had merited them by their faithfull Service the said Duke by his importunate and subtle Procurement had not only perverted that antient and most honourable Way but also unduly for his own particular Gain he hath enforced some that were rich though unwilling to purchase Honour as the Lord R. Baron of T. who by practice of the said Duke and his Agents was drawn up to London in or about October in the Two and twentieth Year of the Reign of the late King James of famous Memory and there so threatned and dealt withal that by reason thereof he yielded to give and accordingly did pay the summ of Ten thousand pounds to the said Duke and to his use For which said Summ the said Duke in the Month January in the Two and twentieth Year of the said late King procured the Title of Baron R. of T. to the said Lord R. In which practice as the said Lord R. was much wronged in this particular so the example thereof tendeth to the prejudice of the Gentry and dishonour of the Nobility of this Kingdom p. 340. Art XII He the said Duke not contented with the great Advancement formerly received from the late King of famous Memory by his procurement and Practice in the fourteenth Year of the said King for the support of the many Places Honours and Dignities conferred on him did obtain a Grant of divers Manners Parcel of the Revenue of the Crown and of the Duchy of Lancaster to the yearly value of One thousand six hundred ninety seven pounds two shillings half-penny farthing of the old Rent with all Woods Timber Trees and Advowson part whereof amounting to the Summ of Seven hundred forty seven pounds thirteen Shillings and four Pence was rated at Two and thirty thousand Pounds but in truth of a far greater Value And likewise in the Sixteenth Year of the same Kings Reign did procure divers others Manners annexed to the Crown of the yearly value at the old Rent of Twelve hundred Pounds or thereabouts according as in a Schedule hereunto annexed appeareth In the Warrant for passing of which Lands he by his great Favour procured divers unusual Clauses to be incerted viz. That no Perquisites of Courts should be valued and that all Bailiffs Fees should be reprised in the Particulars upon which those Lands were rated whereby a President hath been introduced which all those who since that time have obtained any Lands from the Crown have pursued to the damage of his late Majesty and of our Sovereign Lord the King that now is to an exceeding great Value And afterwards he surrendred to his said Majesty divers Mannors and Lands parcel of those Lands formerly granted unto him to the Value of Seven hundred twenty three Pounds eighteen Shillings and two Pence Half-peny per annum in consideration of which surrender he procured divers other Lands of the said late King to be sold and contracted for by his own Servants and Agents and thereupon hath obtained Grants of the same to pass from his late Majesty to several Persons of this Kingdom and hath caused Tallies to be stricken for the Money being the Consideration mentioned in those Grants in the Receipt of the Exchequer as if any such Moneys had really come to his Majesties Coffers whereas the Duke or some other by his Appointment hath indeed received the same Summs and expended them upon his own Occasions And notwithstanding the great and inestimable Gain by him made by the sale of Offices Honours and by others Suits by him obtained from his Majesty and for the countenancing of divers Projects and other Courses burthensome to his Majesty's Realms both of England and Ireland the said Duke hath likewise by his procurement and practice received into his hands and disbursed to his own use exceeding great Summs that were the Moneys of the late King of famous memory as appeareth also in the said Schedule hereunto annexed And the better to colour his doings in that behalf hath obtained several Privy-Seals from his late Majesty and his Majesty that now is warranting the Payment of great Summs to Persons by him named causing it to be recited in such Privy-Seals as if those Summs were directed for seeret Services concerning the State whicâ— were notwithstanding disposed of to his own use and other Privy-Seals by him have been procured for the discharge of those Persons without Accompt and by the like fraud and practise under colour of free Gifts from his Majesty he hath gotten into his hands great Sums which were intended by his Majesty to be disbursed for the preparing furnishing and victualling of his Royal Navy by which secret and colourable devices the constant and ordinary course of the Exchequer hath been broken there being no means by matter of Record to charge either the Treasurer or Victualler of
supportation del Houstiel Chambre Garderobe suis ditz devant ascun doun ou Grant fait al contraire dicelle en descharges de nostre dit Seignour le Roy de son Roialme 〈◊〉 temps avenir Et si ascune manerâ— de Persone de qel Estate ou Condition 〈◊〉 soit eit ou resceive en temps a venir de doun ou de Grante nostre dit Seignour le Roy ou de ses Heirs Roys Dengleterre ascunes des Revenues dessuis nommez a contraire de cest Petition qe le avantdit doun ou Grant soient outrement voidez come nulles tenus le Roy respondu en son Escheqer des Issues en le mesme temps dycelle provenantz en temps ensuant a provenir per issint qe le Chancelier Dengleterre qi pur le temps sera soit tenus a certifier en l Eschequer nostre dit Seignour le Roy des douns Grants avant dits a tant de foits come il besoigne Resp Le Roy voet qe touts les Chastelx Manoirs Honours Seignouries Villes Terres Tenements Franchises Reversions Libertees Forrests Fees Advoesons and Eschetes Forfeitures Gardes Marriages ou autres Revenues qeconqes ove lour Appurtenances Forpris Offices Baillies qi escheiront de ce en avant es mains nostre Seignour le Roy ne soient en nul manere donnez ne grantez a ascune Persone sil ne soit al oeps profit nostre dit Seignour le Roy pur la Sustenance de son Hostiel Chambre Garderobe Et si ascune manere persone de qel Estate ou Condition qil soit eit ou resceivre dycest 26. Jour de Avril en temps avenir ascun tiel doun ou Grant au contraire de cest ordeinance qe le avant dit doun Grant soient outrement voidez tenus pur nul forpris que Recompensation soit fait au Reigne solonc la tenure de ses Lettres Patents Et forpris les Fitz de Roy Et auxint forpris qe recompensation soit fait a Duc d Everwick a Seignour de Grey solonc la Fourme de lour lettres Patentes There was no full and direct Resumption during the Reign of Henry the V. * Rot. Par. 1 Hen. V. N â— 40. except of Lands given away in the Marches of Calais by which it appears that the Care taken in the former Parliaments had somewhat fenc'd the King's Revenues against the Rapine of the Favourites and Great Men But tho' there was no Resumption yet iâ— was Enacted 1 H. 5th That the King should have 10,000 l. per Ann. out of thâ— Annuities and Pensions formerly granted which was no inconsiderable Summ iâ— those days since the whole Revenue oâ— the * Cot. 〈◊〉 p. 156. Crown when he undertook the Conquest of France amounted to but L. 56 96â— per Annum * Rot. Parl. 1 Hen. V. N o. 12. Item accordez est assentuz per â— Roy les Seignours a la reqest dâ— Communes en Parlement qe sur les Paiâ—ments afaires de les Annuitees Grantâ— as diverses Persons per les lettres Paâ—eâ—tes des Roys mesme nostre Seignour 〈◊〉 Roy pur Sustenance Supportation dâ— son honourable Estate de les Grandes Charges Costages despenses dâ— son Houstiel Chambre Garderobe soit preferez de dix milles livres annuellement yeelle preferement accompliâ— soient les Persones dessuisdits paiez dâ— lour dites Annuitees solonc les Fourmâ— effect de lour letters Patentes a eux enâ— faits Purveus toutes fois qe les Seignours autres Persones qont lours Annuitees enheritabâ—ement soient paiez demesme lour Annuitees solonc la fourme effect de lour Chartre Lettres Patents ent faits non obstant le preferement avant dit Anno 28 Hen. 6. * Rot. Parl. 28 Hen. VI. N o 53. Prayen the Commons in this youre present Parlement Assembled to consider that where youre Chanceller of youre Reaume of Englond youre Tresorer of Englond and many of the Lords of youre Counseill by youre high Commandement to youre said Commons atte youre Parliament holden last atte Westminster shewed and declared the State of this youre Reaume which was that ye were endetted in CCCLXXII M. li. which is grete and grevouse and that youre Livelode in yerely value was but V. M. li. And for as moche as this V M. li. to youre high and notable Estate to be kept and to paie youre said dettes woll noght suffice Therefore that youre high Estate might be releved And furthermore it was declared that youre Expenses Necessaries to youre Houshould withouten all other ordinarie Charges came to 24000 li. yerely the which exceedeth every Yere in expenses necessarie over youre Livelode 19000 li. Also please it your Highness to consider that the Commons of youre said Reaume been as well willed to their pore power to releving of youre Highness as ever were Peple to ony Kyng of youre Progenitours that ever reigned in youre said Reaume of Englond but youre said Commons been so empoverished what by taking of Vitaile to youre Household and other things in 〈◊〉 said Reaume and noght paied fore And the Quinszisme by youre said Commons afore this tyme so often graunted and by the Graunt of Tonnage and Poundage and by the Graunt of the Subsidie upon the Wolles and other Grauntes to youre Highness And 〈◊〉 lakke of Execution of Justice that youre pore Commons been full nyght destroâ—ed And if it shuld continue lenger in such grete Charge it cowde noght in oney wyse be hade or borne Wherefore please it youre Highnesse the premises graciously to consider And that ye by the advyce of youre Lordes Spirituels and Temporels by auctorite of this youre present Parlement for the Conservacion of youre high Estate and in comfort and ease of youre pore Commons wold take resume seise and reteine in handes and possession all Honours Castelles Lordshippes Townes Towneshipps Mannours Londs Tenementes Wastes Rentes Reversions Fees Feefermes and Services with all their Appurtenances in Englonde Wales and in the Marches thereof Irlonde Guysnes Caleys and inthe Marches thereof the which ye hafe graunted by youre Lettres Patentes or otherwyse sythe the first day of youre Reigne and all Honours Castelles Lordshippes Townes Towneshipps Mannours Londs Tenements Wastes Rentes Reversions Fees Feefermes and Services with all their Appurtenances the which were of the Dutchie of Lancastre and pass'd from you by youre Graunte or Grauntes And ye to have hold and receive all the Premisses in and of like Estate os ye hadde them atte the tyme of such Grauntes made by you of theim And that all Lettres Pattentes or Grauntes by you or by oney other Persone or Persones atte youre requeste or desire made to oney Persone or Persones of the Premisses or of oney of theim in that that to oney of the Premisses be be void and of noo force And over that that all manner of Graunts of
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
for ever It pass'd in the Negative by 39 Voices Resolved That a Committee be appointed to consider of the Articles against the Earl of Arlington and to report what Matter is therein contained and can be prov'd that is fit for an Impeachment Committed to Mr. Crouch c. Memorandum The Committee never made their Report for the 24th of March the Parliament was Prorogued to the 10th of November 1674 and so the Matter fell Journal of the House of Commons Lunae 26 die Apr. 1675. A Charge or Impeachment against Thomas Earl of Danby Lord High-Treasurer of England containing several Offences Crimes and Misdemeanors of a very high Nature being presented and opened to the House and afterwards brought in and delivered at the Clerk's Table and read Art 6. That the said Earl hath procured great Gifts and Grants from the Crown whilst under great Debts by Warrants counter-signed by himself The 2d Article of the Impeachment being read and the Matter thereof debated Resolved That before the House do proceed farther in the Debate of this Article they will hear the Witnesses The Witnesses were heard then the House Adjourn'd Lunae 3 die Maii 1675. The House then proceeded in the farther Consideration of the Articles against the Lord-Treasurer And 3d. 4th 5th 6th and 7th Articles being read and the Question being severally put Whether any fit Matter doth appear in the Examination of those Articles to impeach the Lord-Treasurer It pass'd in the Negative Journal of the House of Commons Sabbati 21 die Decemb. 1678. Articles of Impeachment of High Treason and other High Crimes Misdemeanors and Offences against Thomas Earl of Danby Lord High-Treasurer of England were delivered from the Committee Art 5. That he hath wasted the King's Treasure by issuing out of His Majesty's Exchequer and several Branches of his Revenue divers great Summs of Money for unnecessary Pensions and secret Services to the Value of 231602 l. within Two Years And thus he hath wholly diverted out of the known Method and Government of the Exchequer one whole Branch of His Majesty's Revenue to private Uses without any Account to be made thereof in the Exchequer contrary to the express Act of Parliament which granted the same And he hath removed two of His Majesty's Commissioners of that part of the Revenue for refusing to consent to such his unwarrantable Actings and to advance Money upon that part of the Revenue for private Uses Art 6. That he hath by indirect Means procur'd from His Majesty for himself divers Considerable Gifts and Grants of Inheritance of the Ancient Revenue of the Crown even contrary to Acts of Parliament Ordered That the Articlee of Impeachment against the Lord High-Treesurer be Engrossed and that Sir Henry Capel do carry them up to the Lords on Monday Morning next We have cited these two presidents relating to the Earl of Danby to shew when the old Whigs were in the supermest Perfection of their Virtue and Publick Zeal That they then thought it a High Crime and Misdemeanor For a Minister to Picture to himself Giants out of the King's Revenue By the Authorities and Presidents we have quoted it appears manifestly that our Ancestors have from the first Institution of this Government very highly resented such Proceedings But here it may be asked how a Statesman is to behave himself when the Prince is inclin'd to Liberality and overborn with Importunities to give away what should subsist Him and the State To which we answer That the Lord Chancellor's Oath plainly directs the Minister in his Duty Ye shall neither know nor suffer the King 's Hurt nor his Disheriting nor that the Rights of the Crown be distressed by any Means as far forth as ye may let it And if ye may not let it ye shall make Knowledge thereof clearly and expresly to the King with your True Advice and Council By which Words without doubt the Law must mean and the Chancellor's Oath is part of our Law and Constitution That this high Officer is to oppose with all his Power and Intrest what he sees tending to the King and Kingdom 's Prejudice and if he finds a great Number of Grants passing the Law intends by binding him with such an Oath That he should from time to time represent to the King his Debts the Taxes and Necessities of the Nation But suppose that notwithstanding this Representation the Prince will have the Grant to proceed how is the Minister to act in such a Case Without doubt he is then to consider this Maxim of our Law That the King can do no hurt and that the Minister only is accountable for any Male-Administration He is to contemplate what high Officers in the State have been impeached upon the like Account and without all Controversie he is rather to leave the Court and quit his Employment than to do a thing which cannot be justified by the Laws and Constitution of this Kingdom * Daniel P. 134. Simon Normannus Keeper of the Great Seal under Henry III. and Jeffery his Brother both Knights-Templars and Men in great Powrr suffer'd themselves to be turn'd out of their Employment rather than to pass a Grant from the King of Four Pence upon every Sack of Wool to Thomas Earl of Flanders the King's Uncle P. 519. †Matthew Parris speaking of these two Brothers being put from Court says Seminarium Causa praecipua fuit hujus Irae Regiae quod idem Simon noluit consignare quoddam detestabile Scriptum contra Coronam Domini Regis confectum Cujus Tenor talis fuit ut Comes Flandriae Thomas perciperet de quolibet sacco Lanae delatae ab Anglia per partes suas Telonium Scilicet de quolibet sacco quatuor denariorum Nec Galfridus Templarius huic enormi facto consensit licet Rex ad hoc avide nimis anhelaverit 'T is true Men are very unwilling to quit Great Employments attended with much Wealth and High Honours and the common Excuse of such as comply more than they ought is That others will be readily found to do the same thing So that they shall prejudice themselves without any Advantage to the Publick Nay they often pretend to remain at Court only to prevent greater and farther Mischiefs Suppose then this to be Case and that the Tide runs so strongly one way that no single Minister in his Station is able to stem it and that the Prince will divest himself of his Revenues notwithstanding he is otherwise advis'd what does the Constitution of this Kingdom require from a Lord Chancellor a Lord Treasurer Lord Privy-Seal and the Secretary of State when such Measures are taken What Proofs will clear them before the whole World that they are no ways consenting to such Proceedings and that things are carried by an irresistible Strength against that Council they would be thought to give Without doubt they stand justified before a Parliament and in the Opinions of the People if they give manifest Evidence that their
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
mora revocato Hugone de Lacy Giraldus Cambrensis cap. 24. Philippus Wigorniensis vir Militaris dapsilis liberalis circa Cal. Septemb. cum Militibus XL. Procurator est in Insulam transmissus Inter ipsa igitur operum suorum initialia terras quas Hugo de Lacy alienaverit terram viz. Ocathesi alias quam plures ad Regiam mensam cum omni solicitudine revocavit The Writer of these Papers has not leisure to inquire into the Particulars but according to the best of his Remembrance a distribution of Lands was made to Adventurers concern'd in suppressing the Insurrections which the Irish made during the Reign of Queen Elizabeth And most certainly the War England had with that Kingdom in the Reign of Charles the 1st was in a great measure carryed on by Money subscribed here with a view that the Subscribers should have the Lands Conquer'd and forfeited which afterward partly they had and the rest was devided among the Soldiers in satisfaction of their Debentures In our present Case the War was not either begun or carry'd on at the Expence of any Single Person or private Men but at the common Charges of the whole Nation therefore in Reason and Justice the People of England ought here to be look'd upon as the General Adventurers That the Four Millions levied and expended is their Adventure of which the Forfeited Estates ought to be the Return and if any thing considerable can be made of 'em it ought to go towards easing England in its Taxes But there is a strong Reason of State why the Lands of Ireland in cases of Rebellion should never be granted away but be either destributed among Adventurers or sold towards defraying the Charges of the War for if England is to be at all the Expence and Courtiers are to go away with all the Profit how do we know but that hereafter for their own Gain they may purposely and advisedly encourage and Foment Rebellions there Fourteen Hundred thousand Pound once in Thirty or Forty Years to be shared among them would be a very fine Crop for the Men in Business But probably the Ministers in future Ages will be watchful over that Kingdom and suppress an Insurrection betimes when it may be done for a less Sum than Four Millions and perhaps with three or four Thousand Men nor in all likelyhood will they so notoriously neglect a matter of that Importance when they are to reap to themselves no Advantage by such a Negligence Some will pretend the Prince has more Power to alienate what comes to him by Forfeiture than to part with the Revenues of the Crown reckoning Forfeitures to be In Fructu Patrimonii Principis according De Jure Belli ac Pacis lib. 2. cap. 6. Num. 12. to this of Grotius Sed in eo falluntur multi quod res quae in fructu sunt Patrimonii cum rebus Patrimonii confundant Sic jus Alluvionum in Patrimonio esse solet ipsae res quas fecit Alluvio in fructu Jus vectigalia exigendi in Patrimonio Pecunia ex vectigalibus procedeus in fructu Jus confiscandi in Patrimonio fundi confiscati in fructu All which is right if rightly distinguish'd No doubt 't is not only Legal but for the Good of any Government that common Confiscations should be at the Disposal of the Prince that he may have an Opportunity of extending his Mercy to the Children or Relations of the Delinquent Besides in common Confiscations the Traitor is prosecuted and brought to Punishment at the King 's sole Expence But the Case is quite otherwise when a whole Nation rebels and when that Rebellion is to be suppressed at the infinite Expences of the People it seems rather that what accrues thus to the Prince and People for they always have or should have a Joint Interest ought to be more Sacredly devoted to publick Uses than any other thing because it is the Price of Blood We have perhaps made it appear that the People have some Interest in the Publick Revenues We shall therefore examine whether this Right is any way lost or laps'd for want of putting in a Claim If the Nation had sate still while these Grants were making and done nothing which look'd like a Protest against it peradventure it had been such an Abandoning or Dereliction of the matter as in some sort might have transferred the Dominion of the things in question to the present â—â—otius de Jure Bâ—lli aâ— pacis l. 2. c. 4. Num. 5. Possessors Qui sciens praesens tacet videtur consentire But the Case is quite otherwise here The Parliament has very early desir'd that the Forfeitures both in England and Ireland might be appropriated to the Uses of the War and those Desires have been earnestly and frequently repeated And because it tends much to the clearing of our present point we shall so far trespass upon the Reader 's patience as to give a brief Accompt of what has been from time to time done in Parliament in relation to this Affair The Sessions 2. Gul. Mar. began 2. Octob. 1690. Veneris 17. die Oct. The House resolved itself into a Committee of the whole House to consider farther of Ways and Means for the raising of Supplies to be granted to their Majesties Mr. Sollicitor Reports from the Committee the following Resolution Resolv'd that 't is the Opinion of this Committee that towards the raising the Supplies to be granted to their Majesties the Summ of Ten Hundred Thousand Pounds be rais'd upon the Credit or by Sale of the Forfeited Estates in Ireland The Resolution being read a second Time Resolv'd nemine contradicente that this House doth agree with the Committee in the said Resolution Lunae 20. Die Oct. 1690. Resolv'd that an humble Address be made to his Majesty that he will please to command the Commissioners in Ireland to make a Return to his Majesty of the Names of the Persons in Rebellion in Ireland and of their Estates and the yearly value thereof and that his Majesty will graciously please to order the same to be transmitted to this House Mereurii22 Die Oct. 1690. Resolv'd that a Bill be brought in upon the Debate of the House for attainting the Persons that are or have been in Rebellion in England or Ireland and for confiscating their Estates and for applying the same to bear the Charges of the War Martis 2. Die Dec. 1690. The said Bill was read a first Time Jovis 4. Die Decemb. 1690. The said Bill was read a second time and the same Day the House resolv'd itself into a Committee of the whole House to consider of the said Bill Veneris 19. Die Dec. 1690. Mr. Solicitor reported the Bill Resolv'd nemine contradicente that the said Bill with the Amendments be engross'd Martis 23. Die Dec. 1690. Resolv'd the said Bill do pass and that Mr. Solicitor carry it to the Lords Mercurii 31. Die Dec. 1690. Ordered that a Message be sent to