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
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
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
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
Consiliarius concessit in fata Parisiis merito perfidum evomens Spiritum in terra peregrina Simon de Beurle whom the Commons had Impeach'd that Parliament was beheaded at Tower-hill His being Knight of the Garter exempted him from a more ignominious Sentence that was pronounc'd against him This Man 's sudden Rise from 20 Marcs to 3000 Marcs per Annum drew the Hatred of the People upon him * Knyghton Col. 2727. Dominus de Burlee qui de Patrimonio haereditario expendre non valuit ultra XX Marcas sed in paucis annis in obsequio praedicti Regis crevit ad ultra valorem trium mille Marcarum annui proventus Some perhaps will object That in the 21 Rich. 2. most of what had been Rot. Parl. 21 Ri. 2. Num. 47 48. done 10 and 11 of the same Reign was repeal'd 'T is true the Fact is so For Richard after he had treacherously got into his Hands the Duke of Glocester his Uncle and after he had imprison'd the Earls of Arundel and Warwick the only three Lords in whom the People placed any Confidence the Nation was quite disperited insomuch that the King was able to pack a Parliament which yet could not be brought to do his Business 'till it was adjourn'd from Westminster to Shrewsbury There he did what he would by the Help of Sir John Bushie then Speaker of the House of Commons Sir William Bagot and Sir John Green of whom Sir * Life of Hen. 4. P. 84. John Hayward says These were then in all the Credits and Authority with the King and his chiefest School-masters both of Cruelty and Deceit They were proud arrogant and ambitious and upon confidence of the King's Favour profess'd Enemies to Men of ancient Nobility to the end that being lately start up they might become more famous by maintaining Contention with great Persons And first by their importunate Travail all the Charters of Pardon granted by the King were in this Parliament annulled and revoked These Pardons were revoked while the Parliament sate at Westminster where Thomas Arundel Archbishop of Canterbury was banish'd and his Temporalities seiz'd All the other irregular Matters were transacted at Shrewsbury But what was the End of all this Violence and breaking in upon the Rights of Parliament 'T is seen in the Story the People thereupon grew so discontented that Henry Duke of Lancaster was encouraged to come and invade the Kingdom with some few Friends and of Soldiers only fifteen Launces in his Company who was chearfully embrac'd by the whole Nation One of the first Things done in the Reign of Henry the 4th was to Repeal all that had pass'd at the Parliament held at Shrewsbury and to affirm all that was done 11 Rich. 2. * Rot. Parl. 1 Hen. 4. Num. 66 67. Qel Parlement feust tenuz pur Grand honur et Comune Profit de tout le Royalme And here 't is to be noted That in the First Article against King Richard II. when he abdicated the Throne 't was objected to him That he did wastfully spend the Treasure of the Realm and had given the Possessions of the Crown to Men unworthy by reason whereof new Charges were laid on the Necks of the poor Commonalty But take the whole Article * Rot. ibid. Num. 18. Imprimis abjicitur Regi Richardo quod propter malum regimen suum videlicet bona et Possessiones ad Coronam suam spectantia etiam personis indignis donando et alias indiscrete dissipando et ob hoc collectas et alia Onera gravia et importabilia Populo sine causa imponendo nec non alia mala iunumer abilia perpetrando alias de assensâ—â— et mandato suis per totuâ— Parliamentum ad gubernationem Regni certi Praelati et alii Domini temporales erant electi et assignati qui totis viribus suis circa justam Gubernationem regni propriis sumptibus suis fideliter laborarent tamen Rex facto per eum Conventiculo cum suis complicibas dictos dominos tam Spirituales quam Temporales circa Regni utilitatem occupatos de alta Proditione impetere proponebat Justiciarios Regni ad suum nefandum propositum roborandum metu mortis et cruciatus Corporis violenter attraxit dictosdominos destruere satagendo The Fate of Michael de la Pool could not work upon his Grandson William de la Pool so as to make him a better Man towards the Public For we find this William Duke of Suffolk treading in his Grandfather's Steps and so acting in his Ministry as to provoke an Accusation from the House of Commons The Grants out of the Crown Revenue which he had procur'd for himself and those of his Alliance and Party occasion'd so much popular Anger that in the 28 Year of Henry VI. he drew upon himself an Impeachment the first part of which contains Matter of High Treason in the second part he is accus'd of divers great Offences Misprisions untrue Labours and false Deceits but we shall only take notice of those Articles which relate to our present Subject Rot. Parl. 28 Hen. 6. Num. 28. To the Kyng our Soverayne Lord sheweth and with dolorous Lamentations Compleyneth youre true feithfull Subgettes and Comons beyng in this youre present Parlement by youre Commaundement Roial That William de la Pole Duke of Suffolk hath doone and caused to be doone ayents youre Regalie Honour Estate and Prosperite of youre moost noble Persone and the We le of youre true Subgettes of youre Reames of Englond and Fraunce youre Duchies Guyen and Normandy and other Places under your Obeisance divers grete Offences Misprisions untrue Labours and fals Deceytes in Manner and Fourme ensueying Num. 29. First The seid Duke the 16th Yere of youre Reigne then beyng next and Pryvyest of youre Counseil and Steward of your Household then and many Yeres seth for covetise of grete lucre of good singulerly to hymself sturred and moeved youre Highnesse the seid 16th Yere Ye thenne beyng in Prosperite and havyng grete Possessions to yeve and graunte moche partie of youre seid Possessions to divers Persones in your seid Reame of Englond by the which ye be gretely empoverished the Expences of youre honourable Household and the Wages and Fees of youre menyal Servants not payed youre Warderobe the Reparations of youre Castells and Manners and youre other ordinary Charges were not had satisfyed nor doo and so by his subtill Counseil importune and unprofitable Labour to youre moost High and Royal Estate the Revenues of the Demesnes and Possessions of youre Corone youre Duchie Lancastre and other youre Enheritaunces have bee so amennsed and amentysed that youre Commons of this youre Reame have bee soo ymportably charged that it is nygh to their fynal Distruction Num. 30. Item The seid Duke havying alwey inordinate Covetise hath by sotill means and sinistre Suggestions for his especyal availle caused you to graunt many Priviledges Fraunchises c. Num. 31. Item The seid
the Navy with those Sums which ought to have to come to their hands and to be accompted for to his Majesty and such a Confusion and Mixture hath been made between the Kings Estates and the Dukes as cannot be cleared by the legal Entries and Records which ought to be truly and faithfully made and kept both for the safety of his Majesty's Treasure and for the indempnity of his Officers and Subjects whom it doth concern And also in the Sixteenth Year of the said King and in the Twentieth Year of the said King he did procure to himself several Releases from the said King of divers great Summs of â—â—ney of the said King by him privately received and which he procur'd that he might detain the same for the support of his Places Honours and Dignities And these things and divers others of the like kind as appeareth in the Schedule annexed hath he done to the exceeding diminution of the Revenue of the Crown and in deceit both of our Soveraign Lord the King that now is and of the late King James of famous Memory and to the detriment of the whole Kingdom The Duke escaped this Storm by the sudden Dissolution which was chiefly to save him however in the next Parliament 4 Car. 1. he was again attacked as freshly as before which again he had Interest enough to get dissolv'd but had he liv'd to see another he must undoubtedly have sunk under the just Anger of the House of Commons For the People of England have never patiently born to see immoderate Wealth Power and Honours with variety of Great Offices conferr'd upon any single Person Hardly any Favourite had Nobler Qualities than this great Man He was Beautiful in his Person Magnificent in his Nature and not without either Heart or Understanding Many People had tasted of his Private Liberalities He would hunt out for Persons of Merit and bring 'em from their most secret Retirements into Business He was rough only to his Enemies but most earnest and ready to oblige his Friends He would often get for others what he might conveniently have kept for himself He governed not only his Domestick Affairs but his Transactions in the State by the Advice of a select number of Friends all able Men but not engaged in Publick Matters whom he retain'd in his Service by Pensions out of his own Purse And yet thus qualify'd as he was it was not thought reasonable in Parliament that so high Honours so much Wealth and Power and such a multiplicity of Employments should be conferr'd upon so young a Man If such a one could not stand before the People much less will they in any future Reign bear to see Men with the like Wealth pour'd upon 'em and in the like Station of Power and Favour who have none of his Qualifications who are contemptible in their Figures who make no Expence but what tends to their private Luxury of whose Bounty no one ever tasted who bar the Court Gates to any Merit who never did any kind Office who make a sale of all Employments who creep to their Enemies and slight their Friends who never did good but for themselves or to here and there an humble Flatterer and who never in their Transactions for the State govern themselves by the Advice of grave Friends but act all things upon their own giddy Heads ever drown'd in Wine or heated by Debauches Journal of the House of Commons But to return to our present Matter Martis die 24 Nov. 1640. There were Reported eight Articles in maintenance of the Commons Accusation against the Earl of Strafford which were agreed upon the day following and of which the III d Article is That the better to inrich and enable himself to go through with his Traiterous Designs he hath detained a great Part of his Majesty's Revenue without giving Legal Account and hath taken great Summs out of the Exchequer converting them to his own use when his Majesty wanted Money for his own Urgent Occasions and his Army had been a long time unpaid In the Heads of the Accusation against the Earl of Clarendon reported by Sir Thomas Littleâ—on Wednesday 6 Nov. 1667. one of the Articles was Journal of the House of Commons Art 8. That he hath-in a short time gained to himself a greater Estate than can be imagined to be gained lawfully in so short a time and contrary to his Oath hath procured several Grants under the Great Seal from His Majejesty to himself and Relations of several of His Majesty's Lands Hereditaments and Leases to the Disprofit of his Majesty We all know the Impeachment against that Noble Earl was rather a Court-Design than carried on by good Patriots The Zeal he had shown for the Laws of his Country had stirr'd him up some Enemies And because he would not make a Difference between the King and Duke of York he chose to retire which Retirement was follow'd by an Act to banish him But had he he staid and stood his Trial no doubt he had justified himself in this and in the other Articles For upon Enquiry the Writer of these Papers is inform'd that he had not procured any Grant of the Crown Demeasnes And as to Clarendon Park now in the Family and which was Crown-Land that he bought it at the full Value of the Old Duke of Albemarl who had begg'd it of the King But if he had received any Gift of Forefeited Estates or in Money his long services and sufferings and his having been a Companion in his Master's Exile might very well deserve any such sort of Bounty Journal of the House of Commons Jovis 15 die Jan. 1673. Articles of Treasonable and other Crimes of high Misdemeanor against the Earl of Arlington Principal Secretary of State being open'd were presented to the House and read The Articles containing matter of Treason were seven It was further open'd That the said Earl had been guilty of many undue practices to promote his own Greatness and had embezzel'd and wasted the Treasure of his Nation Art 1. By procuring vast and Exorbitant Grants for himself both in England and Ireland breaking into the Settlement of that Kingdom and dispossessing several English Adventurers and Soldiers of their Properties and Freeholds in which they were duly and legally stated without any Colour of Reason or suggestion of Right Art 2. By charging excessive and almost incredible Sums for false and deceitful Intelligence Art 3. By procuring His Majesties Hand for the giving away between his first Entrance into his Office the Value of Three Millions of Sterling Money at the least the several Grants whereof are extent countersigned by him and by him only Martis 20 die Jan. 1673. The House resumed the adjourn'd Debate concerning the Lord Arlington The Question being put That an Address be presented to His Majesty to remove the Earl of Arlington from all his Employments that are held during His Majesty's Pleasure and from His Majesty's Presence and Council
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