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
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
le Roy ne soient restreints per vertue de ceste Ordeinance mais qils soient paiez come ils ont este accustumez de estre paiez devant ces heurs Ibid. N. 22. Item Qe chascun home feme de qel estat ou condition qils soient qont ascuns Chastelx Manoires Terres ou Tenements Rents ou autre Possessions qelâ—onques du Grante du Roy Richard ou de Roy qorest qe ils soefrerent chascun de eux soefrera mefme nostre Seignour le Roy de avoir enjoier les Profits de mesme les Chastelx Manoirs Terres Tenements Rentes Possessions qeux ils ont ensi a terme de vie ou des Ans de le dit Feste de Pasche darrein passe tanqa lendemayn avantdit Et qe le Roy ent seit respondus a son Escheqer Forpris Fees Advoesons Gardes Marriages autres Casueletees as Chastelx Manoirs Terres Tenements Rentes Possessions avant dits appurtenants Et forpris les Chartelx Manoirs Terres Tenements Rents Possessions Fee Farmes Annuities les Profits Commoditees Assignees au Reigne en Dower ou donez ou grantez a les Fitz du Roy a chascun de eux Et forpris ceux qont ascuns Annutees per Grant ou Confirmation a eux ou a lour Ancestres fait en Parlement Et forprises auxi les Chastelx assises sur les Marches Descoce ou de Gales ou sur les Coustes de Mer. But there seems to be given a Power to the King by his advice of Council to Resume his Lands from such as have more than they deserve Ibid. N. 23. â— Item Qe Proclamation soit fait en Chascun Contee Dengleterre qe 〈◊〉 ceux qont ascuns Annuitiees 〈◊〉 Manoirs Terres Tenements Fee Fermes Fees ou Gages ou autre Grant qeconqe dascune value annuelle a terme de vie ou des Ans du Grante du Roy Edw. Aiel nostre Seignour le Roy puis le an qarantisme du dit Roy Edw. oâ— de Roy Richard ou de Roy qorest envoient ou portent devant le Roy son Counseil perentre cy le Feste de Chandeleure prochain a venir a pluistard les Copies de lour Lettres Patentes a eux faits per les Roys suisdits sur peine de forfaire mesme les Lettres Patentes au fyn qe nostre dit Seignour le Roy per advys de son Conseil purra ordeigner qe ceux qont fait bon service eient enjoient lour dites Lettres Patentes les autres qe nount deservies soient tout outrement oustez de lours dites Lettres Patents Et auxint de ceux qont pluis qe ne ont deserviez qe le dit Roy per advys de son dit Counseil purra faire Moderation come mieltz luy semblera Anno 7 8 Hen. 4. The Commons Pray the King That no Lands to be Conquer'd from the Welch should be granted away in a Quarter of a Year from the time such Lands should be taken in The King among other things Answers That he will not grant away such Lands till he is inform'd of their Value * Rot. Par. 7. 8. H. IV. N o 15. Item Le dit Mr. John Pria pur les dits Communes qe les Chatelx Seignouries Terres Tenements en la Terre de Gales qe desore per la Grace de Dieu seront conqis ou gaignez sur les dits Rebealx ne soient donnes a uully per le espace dun qarter dun Apres ceo qils seront ensi conqis ou gaines A qoy le Roy respendi qil se veilloit abstenir deascun tiel don faire a uully tanqe al temps qe il feroit enformez de la value dycelles Et si ascun â—ieâ— don deslors se feroit qil le vorroit faire as tielx Persones qe voillent demeurer suâ— la conqest de la Terre de Gales suisdits In the same Parliament the Commonâ— Pray That certain Foreigners by Name may be Banish'd the Kingdom which the King agrees to and in his Writ to the Sheriffs of London directs That such Foreigners should produce such Grants of Land as they had obtain'd from Him the Queen or from others * Ibid 29. Iteâ— Samedy le 8 jour de May a les souveâ—â— priers reqestes des Communes accordâ— feust per nostre Seignour le Roy les Seignours Esprituelx Temporelx 〈◊〉 touts les Aliens des qeux les noms 〈◊〉 comprises en une Cedule laqelle 〈◊〉 livree al Seneschal del Houstiel du Roy voidant la Roialme devant un certain jour compris en le Brief de Proclamation ent fait come per la tenure dycellâ— brief enroulle en la Chancellerie y purra apparoir And the King in his Writ to the Sheriffs Directs among other things ' Quodque omnes singuli Alienigenae praedicti qui aliqua Terras Tenementa Annuitates sive Concessiones quaecunque in Feodo simplici vel Talliato sive ad terminum vitae vel annorum ex Concessione nostra sive ex Concessione charissimae Consortis nostrae Reginae Angliae sive aliorum Ligeorum nostrorum per litteras sive scripta eis inde fact obtinent quovismodo hujusmodi Litteras sive scripta nobis in Cancellaria nostra liberent indilate ad finem quod visis Litteris scriptis praedictis inde fieri jubere valeamus quod de jure secundum legem consuetudinem Regni nostri Angliae fore viderimus faciendum Anno 11. Hen. IV. The Commons Pray That for ever hereafter no Grant may be made of any Hereditament or other Profits of the Crown except Offices and Bailiwicks till the King shall be quite out of Debt and unless there be remaining in his Coffers sufficient for the Provision of his â—amily To which the King agrees directly without Reservation till his Debts be paid or unless there be sufficient Provision for his Family and with Reservation for the Queen His Sons and for the Duke of York and the Lord Grey * Rot. Parl. 11 Hen. IV. N o. 23. Item Qe nulles Chastelx Honours Seignouries Manoirs Villes Terres Tenements Franchises Reversions Libertees Forrestes Fees Advoesons Eschetes Forfaitures Gardes Marriages ou autres Revenues qeconqes ove lours appurtenances forpris Offices Baillies en temps ensuivants es Mains nostre dit Seignour le Roy ou a ses Heirs Rois Dengleterre a eschiers ou a venirs ne soient en nulle manere donez ne Grantez a ascune Persones si ne soit al profit Oeps nostre dit Seignour le Roy pur la Sustenance de son Houstiel Chambre Gardâ—robe tanqe tous ses dettes a ses Lieges a present dues soient pleinement paiez deslors enavant continuellâ—ment resonable Substance remaignant eâ— mains nostre dit Seignour le Roy ses Heirs Roys Dengleterre pur la sustenance
Rentes Charges or Annuitees made by you of Estate of Inheritance for terme of Lyffe or terme of Yeres to oney Persone or Persones to be taken of oney of these Premisses or of youre Custumes or Subsidies or Awnage or of youre Hamper or atte or in youre Receits or in otherwyse or in oney other Place or oney of theim or of the Profites coming of theim or oney of theim withinne this youre Reaume Irlonde Wales Guysues Caleys and the Marches of the same be voide and of noone effect And that all manner of Grauntes made by you to oney Persone or Persones of Estate of Enheritance terme of Lyffe or terme of Yeres of oney Herbage or Pannage Fishyng Pasture or Comyne of Pasture youre Warein Wode Wyne Clothyng Furres to noone Office longyng nor perteinyng the seid first Day of youre Reigne nor afore noght yeldyng to you the verray value thereof be voide and of noone effecte And over that like it youre Highness to take resume and seise and reteine into youre handes and Possessions all manner Lettres Patentes Privileges Franchises Hundreds Wapentakes Letes Rapes Vewe of Franchises Fynes Amerciaments Issues and Profites of the same by you graunted syth the first Day of youre Reigne to oney Persone or Persones or Abbot Priour Deane Chapitre Maistre or Wardeyne of College Fraternite Crafte or Gilde And all manner of such Grauntes to be voide and of noone effecte And furthermore All Grauntes made by you to oney Persone or Persones of oney Offices the which were noone Offices the first Day of youre Reigne nor afore be voide and of noone effecte And that all manner of Grauntes made by you to oney Person or Persones geaving theim Power to make or ordeine oney Office or Offices of whome the makyng and Ordeinance the said first Day of youre Reigne or oney time syth longd to you or theim were noone such Office nor afore that thanne such Graunte as in makyng or Ordeinance of such Offices be of noone effecte And over that That all Grauntes and Relesses made by you syth the first Day of youre Reigne to oney Abbot Priour Covent or to oney other Persone or Persones for discharge or quytclayme of oney Corrodies or Corodie Pensione or Pensiones dismez spirituells or Quinszismes or dismes temporells Rentes or Services or oney other charge be void and of noone effecte And that no Persone nor Persones havyng Estate in Offices Fee simple or Fee taille of youre Graunte or oney havyng they re Estate have other Estate in the said Offices but terme of their lyffes that nowe hafe the seid Offices with Fees and Wages to the seid Offices of alde tyme accustumed oonly and noon otherwyse And that all manner of Grauntes by you made or to be made to oney Persone or Persones of the Premises or of oney parcelle during this youre present Parlement be voide and of noone effect And that noo Persone or Persones that hadde oney thyng of the premises afore the tyme of the seid Resumption be noght chargeable by way of Accompt or otherwyse for the same ayenst you youre Heires and Successours except thoo that by youre Grauntes afore the seid Resumption were accomptable This is the fore-part of the Act Word for word to which the House of Commons thought fit to add Savings to several Persons of which we shall give an Abstract First there is Saving to the Queen for her Dower 2 For the Colleges of our Lady of Eaton and our Lady and St. Nicholas of Cambridge 3 For Lands granted in the Dutchy of Lancaster to Persons to the intent to perform the King's Will 4 For Priories Alien then in the Possession of Hospitals or Religious Houses 5 For the Creation Money paid to the Peers but this Saving is with Restrictions 6 For those who had made Surrenders to the King and taken other Lands in Exchange so as the last Grant exceed not the first in value or terme 7 A Saving for Lands bought of the King by Henry Cardinal of England and given to St. Crosses with a general Saving for the Interest and Claime of private Persons to the Lands intended to be Resumed 8 A Saving for those who had Grants in former Reigns out of which they were Lawfully Evicted and in Consideration of which they had Grants from the present King 9 A Saving for those who had exchang'd Lands with the King so as the Lands exchang'd were not also of his own Gift and so as what exceeded in Value should be resum'd 10 A Saving for what paid Rent according to the true value at the time of the Grant 11 A Saving for where the King was Feoffee in trust so as it was not in Lands of his own Gift 12 A Saving for the Lord Chancellor Treasurer Privy Seal Justices Barons of the Exchequer Serjeants at Law Atturney and Officers in the King's Courts of Record for accustom'd Wages Rewards or Cloathing 13 A Saving for Grants made of their own Lands to Persons born beyond the Seas and of English Parentage 14 A Saving for All-Souls-College 15 A Saving for Cities and Burroughs who by the King's Charter were to be exempt from the Jurisdiction of the Lord High Admiral or Warden of the Cinque Ports 16 A Saving for Bodies Corporate c. who by Charter had Priviledge granted of Murage These were all the Reservations the House of Commons thought necessary in this Act. Then follows And that it like youre most High and Habundant Grace tenderly to consider these Premises and thereuppon by youre high and grete Wisdome and by the Advyse of the Lords Spirituels and Temporels in this your present Parlement Assembled to ordeine provide and establish sufficiaunt Possessions of the Premises so resumed for the contentyng and Paiment of the Expences and Charges of youre Houshold and all youre other ordinarie Charges And to Apply and Appoint the Possessions Profites Revenues and Commodities of youre Towne of Caleys and of Guisues and of the Marches there hooly to be taken and received by youre Tresorer of Caleys for the tyme beying he to apply theim to the Payments of the Souldeours there and the repaire of the Gettes and other necessary reparations there behowfull And the seid Tresorer thereof to you in youre Eschequer duely to accompt And all the Possessions aforesaid soo severally provided for to abide and endure to you youre Heires and Successours in perpetuitie to the same end and effecte and noon other with such peines and Punishments to be sette thereupon by youre wise discretions that noone of youre Leiges in tyme to come attempt the contrarie thereof or accept any parcell of hem so ordeined for the seid Provisions so that the seid Ordeinaunce soo made be sent and declared to us youre seid Beseechers during this your seid Parlement to the ende and effecte we to yeve thereto our assent so that it can be thought to us for youre Honour profite and welfare of us all so to doo that it be authorised in this youre high
And also all Grauntes to be made of old Offices which were Offices the first day of youre Reigne to the which belongeth and needeth actuel Exercise and Fees and Wages the same first day to the same Offices perteynyng or belongyng except out of the seid Peynes And that no such persone to whome oney Lesse or Lesses Graunte or Grauntes shall be made after the seid Fest for terme of Yeris or atte Wille of oney Thyng parcelle of the Duchie of Lancastre Erldome of Chestre Principalete of Wales Caleys and Guysnes and the Marches therof or of oney thyng to theym or oney of theym belongyng or appërteynyng be not hurt nor endamaggd by the penalty of this seid Acte Then follow Two Savings one for the Prince of Wales and another for Richard Duke of York as to some Patents they had Resp As touchyng this Petition of Resumption the Kyng hath well conceived and understood the Maters Articles and Desyres conteyned in the same Petition wherfore the Kyng by thadvyse and assent of the Lords Spirituel and Temporell beyng in this present Parlement and by Auctorite of the same taketh and resumeth into his Hands all manner thyngs conteyned in the seid petition and the same agreeth and accepteth the Penalte in seid petition except and leid apart alweye his Prerogative reserved forseyn alweye that suche provisions and Exceptions as been by his Highnesse by thadvyse of the seid Lordes Spirituel and Temporel made and agreed or to be agreed and in this same Parliament put in Wrytyng upon the premisses be good and effectuel the seid Acte notwithstanding for the Egalte and Reason that the Kyng ought to do to his people the which shall be to the pleaser of Godde the Honour and the We le of his Lond and People Then follow a great Number of Savings and Provisions all of 'em much of the same Nature with those in the former Acts and none of 'em seem such as could any wise defeate the Designe of the Parliament which was that all immoderate Grants should be actually resumed But some may object that Henry the Sixth under whose Reign these Three Resumptions were made was a weak Prince unfortunate Abroad engag'd in Factions at Home and kept under by the Power of the House of York whereunto we answer That it was the Interest of Great Men rather to oppose such an Act for they were most like to suffer by it therefore it s Passing was not the Effect of Faction but indeed it was carry'd on by the Weight of the People But these Objections will be more fully answer'd when we show that the same Thing was done by a Prince who had master'd all Parties and under an Active and Martial Reign which was that of Edw. IV. his Successor where the Presidents for a Resumption are four times confirmed As soon as Edward the Fourth came to the Crown one of the first Things desired by his Subjects was an Act of Resumption Rot. Parl. 1 Edw. 4. N o 11. And over that that our seid Sovereign Leige Lord King Edward IV. the Fourth Day of Marche was lawfully seised and possessed of the seid Corone of Englond in his Right and Title and from thenceforth have to hym and hys Heires Kynges of Englond all such Mannours Castels Lordshippes Honours Londs Tenements Rentes Services Fees Feefermes Rentes Knyghts Fees Advowsons Gyftes of Offices to geve at his pleasure Fairs Markets Issues Fines and Amerciaments Libertees Franchises Prerogatives Escheates Custumes Reversions Remainders and all other Hereditaments with theyr Appurtenances whatsoever be they in Englond Wales and Irelond and in Cales and the Marches thereof as Kyng Richard the 2 d. had on the Fest of Seint Matthew the Apostle the 23th Yere of his Reigne in the Right and Title of the seid Corone of Englond and Lordshippe of Irelond Resp The Kynge by thadvyse and Assent of the Lords Spirituel and Temporel in this present Parlement assembled at the Request of the Comyns beyng in the same agreeth and assenteth to this Petition and it accepteth with certain Moderations Provisions and Exceptions by his Highnesse thereupon made and in certain Cedules written and in the same Parlement delivered the tenor of which follows Then follow the Exceptions or Savings to particular Interests which are in Number 85. But this Resumption looking so far backwards as the Reigns of Henry the Sixth Henry the Fifth and Henry the Fourth was too large to have any good Effect And as to its having been impracticable and not well concerted we have this Argument that a new Act better digested and which did not retrospect so far was thought necessary Anno 3. 4. of the same Reign Anno 3 4. Edw. 4 ti There pass'd another Act of Resumption 3 4 Ed. 4 Rot. Parl. N o 39. At which day and place for divers Causes and Considerations conteynyng the Honour and Prosperite of the Kyng our Soverayne Lord and also the Commonwele defence and welfare of this Reame and of his Subgetes of the same hit is ordeyned and enacted and stablished by thadvyse and assent of the Lords Spirituels and Temporels and of the Comyns in this present Parlement assembled and by Auctorite of the same That the Kyng froâ— the Fest of the Purification of oure Lady the Yere of our Lord 1464 have take seize hold and joye all the Honours Castells Lordshipps Towns Townshipps Manours Londes Tenementes Wastes Forestes Chases Rentes Annuities Reversions Fermes Services Issues Profites and Commodites of Shires which he had the 4th day Marche or eny tyme after afore the seid Fest by reason of his Duchie of Laâ—castre or by the Forfeitur of Henry the 6 th late in dede and not in right Kyng of Englond in Englond Irelond Wales and Marches thereof Guysnes and Caleys and Marches thereof and pass'd from hym the seid 4th day of Marche or eny tyme after and afore the seid Fest by his Letters Patentes to eny Persone or persones in Fees Fee-simple Fee-taille terme of Lyfe or terme of Yeres And that the Kyng have and Injoy every of the Premisses in like Estate and Condition as he had theym the seid 4th day of Marche or after And also that all Yefts Grauntes and Relesses made by the Kyng the seid 4th day of Marche or eny tyme after afore the seid Fest to eny Persone or Persones of eny of the Premisses in Fee-simple Fee-taille terme of Lyfe or terme of Yeres under eny of his Seales be from the seid Fest of Purification void and of noo force nor effecte Ibid. N. 40 And also that all Yeftes Grauntes Ratifications Relesses and Confirmations made by the Kyng the seid 4th day of March or eny tyme after and afore the seid Fest to eny Persone or Persones of any Possessions Right Title or Interesse of his Duchie of Yorke or Erldome of Marche or eny part of them or of eny Pension Rent Annuite to be had taken perceyved or levyed of or in the same Duchie and Erldome or
Value if it cannot be given away without great Damage to the Crown if by reason of such Gift he is hindred from paying his just Debts or from having wherewithal to defray the Charges of the Government or to provide for the Kingdoms Defence or if by this and other Gifts he must be driven through the failing of his own Revenue to lay heavy Burthens upon the People 't is the Duty of the Lord Treasurer to represent the whole Matter honestly and impartially to the King and to hinder the Grant from proceeding any further And as a Tie upon him he takes the following Oath Ye shall swear That well and truly ye shall serve the King our Soveraign Lord and his People in the Office of Treasurer and ye shall do right to all manner of People Poor and Rich of such Things as toucheth your Office And that King's Treasure truly ye shall keep and dispend And truly ye shall counsail the King and his Counsel ye shall layn and keep And that ye shall neither know nor suffer the King 's Hurt nor his dis-heriting nor that the Rights of his Crown be distressed by any means as far forth as ye may let And if ye may not let it ye shall make knowledge thereof clearly and expressly to the King with your true Advice and Counsel And ye shall do and purchase the King's Profit in all that ye may reasonably do as God you help and the Holy Evangelists It was hardly possible to devise a more binding Oath And the Words Ye shall well and truly serve the King our Soveraign Lord and his People in the Office of Treasurer are an Evidence that our Forefathers took themselves to have some kind of Interest in what was call'd the Crown-Revenue If the Grant meets with no Objection at the Treasury the King signs a Warrant directed to the Attorny or Sollicitor-General who is another Great Officer impowering him to prepare a Bill containing such a Grant And if the Grant be of Mony appropriated by Act of Parliament or of Lands annex'd to the Crown by Act of Parliament or if the Grant be any ways illegal or prejudicial to the Crown it is the Attorny or Sollicitor-General's Duty to advertise thereof After Mr. Attorny has pass'd it it goes to the Signet the Custody whereof is in the Secretary of State who being a Minister in high Office is presum'd by the Laws to be watchful for the King 's Good and to inquire into all Matters relating to the Weal Publick He is presum'd to be apris'd of the Persons Merits to whom the Grant is to be made and likewise to understand either the Affluence or Want in the King's Coffers and the general Condition of his Revenue And having an Allowance for Intelligence he is presum'd to know the Discourses and Opinions of the People and how such Grants are relish'd If therefore the Person suing out the Grant has no Merit at all or at least no sort of pretention to so great a Reward or if he knows the Publick to be press'd with Wants and Debts or if he hears that the People murmur at the Taxes which Profusion introduces and Clamour to see the Nations Mony wasted by his Duty as Privy Councellor and by his Oath he is bound faithfully and plainly thereof to inform the King From the Signet it should go to the Privy Seal who is likewise another Great Officer who being near the Person of the King is presum'd to know the Condition of the Kingdom and therefore the Law has made him another Check He takes this Oath Ye shall as far forth as your Cunning and â—â—â—cretion sufficeth truly justly and evenly execute and exercise the Office of Keeper of the King 's Privy Seal to you by his Highness committed not leaving or eschewing so to do for Affection Love Meed Doubt or Dread of any Person or Persons c. So that if the Lord Privy Seal finds that through Corruption in other Offices or that by Power Importunity or partial Favour a Grant tending greatly to the Publick Damage and to the Diminution of his Prince's Revenue has pass'd so far as to his Office he ought to stop it there and is bound in Duty and by his Oath to lay the whole Matter before the King From the Privy Seal it goes to the Great Seal in the Custody of the Lord Keeper or Lord Chancellor of England who is accompted the Kingdom 's as well as the King's Officer and there the Grant is compleated upon which score in the Eye of the Law this Great Minister is most look'd upon his Oath is the same with that of the Lord Treasurer He swears Well and truly to serve the King and his People in the Office of Chancellor truly to Counsel the King not to suffer his Hurt or Dis-heriting nor that the Rights of the Crown be distress'd by any Means as far forth as he may let And if he may not let it he is to make it clearly and expresly known to the King with true Advice and Counsel And in all that he may he is to do and purchase the King's Profit So that more than any other as the highest Officer and as the last Check the Laws presume him to consult for the King 's good Therefore if the Grant be exorbitant if it be made to an undeserving Person if it notoriously surpasses the Merits of the Suitor if it was obtain'd upon wrong Suggestions if it occasions Obloquy to the Government or Discontent among the People if the King's Debts are many and clamorous if the Nation labours at the same time as the Gift is made under heavy Taxes and if the Grant tends greatly to the Hurt and Impoverishment of the Crown with all which Matters the Law presumes so great a Minister in the State to be acquainted he is bound in Duty and by his Oath not to fix the Great Seal to the said Grant but thereupon faithfully and impartially to advise the King And Chancellors who have acted otherwise and who contrary to the Trust of their Office have ventur'd to pass outragious Gifts Douns Outrageuses as the Records call 'em whereby the Crown has been impoverish'd have been heretofore as we shall show by and by question'd impeach'd and attainted in Parliament These were the ancient Steps in Passing Grants from the Crown which were afterwards inforc'd by a positive * Anno 27 Hen. 8. Cap. 11. Law in the Reign of Henry the Eighth a Prince jealous enough of the Regal Authority 'T is true by the Suggestion in the Preamble it looks as if the Act were made to preserve the Fees belonging to the Clerks of the Signet but bringing in Fees to Officers being never the Object of a Parliaments Care we ought to conclude that the House of Commons gave that fair Colour in the Reign of a Suspicious and Arbitrary Prince to the Regulations they intended to make as to Passing Grants from the Crown First the Law directs That the King's
Grants shall be brought to the Principal Secretary or to one of the King's Clerks of his Grace's Signet for the time being to be at the said Office of the Signet pass'd accordingly And be it also ordained and enacted That one of the Clerks of the said Signet to whom any of the said Writings signed with the King 's most gracious Hand or the Hand of any other aforesaid or any of them fortune to be deliver'd may and shall by Warrant of the same Bills and every of them within the space of eight days next after he shall have receiv'd the same unless he have Knowledge by the said Secretary or otherwise of the King's Pleasure to the contrary make or cause to be made in the King's Name Letters of Warrant subscrib'd with the Hand of the same Clerk and sealed with the King's Signet to the Lord Keeper of the King 's Privy Seal for further Process to be had in that behalf And that one of the King's Clerks of the said Privy Seal upon due Examination had by the said Lord Keeper of the said Privy Seal of the said Warrant to him addressed from the Office of the said Signet as afore may and shall within the space of eight days next after he shall have receiv'd the same unless the Lord Keeper of the Privy Seal do give them Commandment to the contrary make or cause to be made by Warrant of the foresaid Warrant to the said Lord Keeper of the Privy Seal Address from the Office of the Signet aforesaid other Letters of like Warranty subscribed with the Name of the same Clerk of the Privy Seal to the Lord Chancellor of England Lord Keeper of the Great Seal Chancellor of the Dutchy of Lancaster Chancellor of the King's Land of Ireland Treasurer and Chamberlains of the Exchequer and Chamberlains of any of his Counties Palatines or Principality of Wales or other Officer and to every of them for the writing and ensealing with such Seals as remain in their Custody of Letters Patent or Closed or other Process making due and requisite to be had or made upon any the said Grants according to the Tenor of the Warrant to them or any of them directed from the Officer of the Privy Seal as is afore specified These Cautions show how carefully our Constitution has provided that nothing shall be done which may turn in Despendium Regis aut Regni But here some flattering Lawyers will affirm That these Methods are Directive not Coerceive Or as Hobart says †Hobart's Reports Colt and Glover P. 146. That these kind of Statutes were made to put Things in ordinary Form and to ease the Sovereign of of Labour but not to deprive him of Power according to this Maxim of the same Judge That * Lord Sheffeild ver Ratcliffe p. 335. Dare Prerogativam est nobile Officium Judicis Debitum And truly heretofore Westminster-hall did so order it that these Fences intended to keep the Publick Revenues from the Hands of Spoilers were all broken down and that all these Statutes were evaded For the Force of all these wholsome Laws was enervated by Clauses afterwards incerted into the Letters Patents viz. Ex certa Scienta mero motu Gratia speciali Ex certa Scientia was very antiently made use of but the words became more necessary afterwards to defeat the 1st of Henry IV. where 't is enacted †Rot. Parl. 1 Hen. 4. Num. 98. That the true and express Value of the thing to be granted shall be incerted in the Letters Patents otherwise the Grant to be void So that these words suppose the King to have certain knowledge in every Circumstance of the thing he is to give away which happens very rarely to be the Case But notwithstanding these words if certain Proof can be made that the King was misinform'd by false Suggestion no Lawyer will say the Grant is good Ex mero motu imports the Honor and Bounty of the King who Rewards the Patentee for Merit without his Suit These words suppose the King to be truly appris'd of the Person 's Merit and were brought in to obviate the 4th of Henry IV. whereby it was enacted * Rot. Parl. 4 Hen. 4. That no Lands should be given but to such as deserv'd them and if any made Demands without Desert that he should be punish'd And to the same purpose were added the words Ex Gratia speciali yet more to denote that the Gift proceeded meerly from the King's Favour and not at the Party's Sollicitation But besides all this because anciently it seem'd a Fundamental that the Crown-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
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
Kingdom came to be loaded with Taxes and Impositions 5 Art Item per le dit Acrochement les avantdits Robert de Verr Duc d Irland Michael de la Pool Conte de Suffolk per assent Conseil du dit Alesandre Ercevesqe Deverwik ont fait qe nostre Seignour le Roy sans Assent du Royalme ou desert de eux lour a done per lours abettements diverses Seignouries Chastelx Villes Manoirs si bâ—en anexes a sa Corone come autres sy come la Terre de Irland de Okeham ove les Forests dicelle autres Terres qe furent al Seignour d Audeley autres Grants Terres au dit Robert Verr Duc d Irland as autres diversement peront ils sont grandement Enriches le Roy est devenu pouvre ne ad dont iâ— se pourra soutenir porter les Charges du Royaliâ—â—â— sinon per Impositions Taxes ou Tributs â—ettre prendre sur son People en dâ—shiritison de sa Corone en defeasance de son Royalme 6 Art Item par le dit Acrochement les avandits Alexandre Ercevesqe Dewerwik Robert de Verr Duc d Irland Michael de la Pool Cont de Suffolk et per assent et counseil desdits Robert Tresilian faux Justice Nicholas Brembe Chevalier de Londres ont fait qe nostre Seignour le Roy a donne divers Manoirs Terres et Tenements Rents Offices Ballies as diverses autres Persones de lour Affinite et as autres diverses Persones des qeux ils ont pris grands dons pur Brocage pur yâ—elle cause et auxi pur Cause a tenir avec eux en lour faux qerelles et purposes en defeasance du Roy et de son Royalme sy come est de Sir Robert Manseil Clerk Johan Blake Thomas Usqe et autres diversement 7 Art Item Robert de Verr Duc d Irland Michael de la Pool Cont de Suffolk et Alesandre Ercevesqe Deverwick per assent et counseil de dit Nicholas Brembre faux Chevalier de Londres acrochants a eux royal Poer ont fait qe nostre dit Seignour le Roy lour a â—â—nne tres grands somes dor et d argent sy bien de ses biens et Joiaux propres coâ—e 〈◊〉 biens et Tresor du Royalme sy come des Dismes Quinsismes et autres Taxes grantez as diverses Parlements pur estre exploites en deffence et sauvegarde du Royalme et autrement qelle some amonte cent mille Marcs et plus sy come au dit Robert de Verr Duc d Irland et autres diversement et outre ceo plusioures bones Ordinances et Purposes faits et ordeinez en Parlement sy bien pur les Gurres come en defence du Royalme ont ilz destourbes en grande Arrerisement du Roy et du Royalme The Persons accus'd were sommon'd to answer to the 39 Articles and not appearing the Duke of Gloucester and the other Lords Appellants pray the Non-appearance may be recorded * Rot. Parl. 11 Riâ—â— 2. P. 3. m. 14. Ilz feurent demandez solemnement en le grande sale de Westminster et auxint a la grande porte du Palois de Westminster de venir respondre c. Le Duc et Cont Appellants prient au dit Roy nostre Seignour et aux dits Seignours du Parlement qils violent Recorder le defaulte c. After which the King and the Lords took time to deliberate upon the Matter Then the Judges Serjeants and Civilians were call'd for to deliver their Opinions in Law who said the Appeal was not in the Forms requir'd either by the Common or Civil Law To which the Lord 's answer'd That the High Court of Parliament was not bound up to the Forms and Rules of the Courts below But take the Words of the Record it self * Rot. ibid. A qel temps les Justices et Sergeants et autres Sages de Ley du Royalme et auxint les sages de la Ley Civille furent Chargez de par le Roy nostre dit Seignour de doner loyal Conseil as Seignours du Parlement de deuement proceder en la cause de le susdit Appel les quex Justices Sergeants et Sages de la Ley du Royalme et auxint les dits Sages de la Ley Civille pristont ent deliberation et respondront as dits Seignours du Parlement qils avoient veue et bien entendu la Tenour du dit Appel et disoient qe mesme le Appel ne feust pas fait ne affirme selonc l ordre qe lune Ley ou lautre requiert Surqoy les dits Seignours du Parlement pristront ent deliberation et avisement et per assent du Roy nostre dit Seignour et de lour Commun accord estoit declare qe en si haute crime come est pretendu en cest Appel qe touche la Persone du Roy nostre dit Seignour et l estat de tout son Royalme perpetre per persones qe sont Peers du Royalme ovesqe autres le cause ne sera aillours deduit qe en Parlement ne per autre Ley qe Ley et cours du Parlement et qil appertient as Seigneurs du Parlement et a lour Franchise et Libertee d' auncien Custume du Parlement destres Jugges en tieux case et de tieux case ajugger per assent du Roy et qe ensy sera fait en cest Cas per Agarde du Parlement Purceqe le Royalme d Engleterre ne estoit devant ces heures ne a lentent du Roy nostre dit Seignour et Seignours du Parlement onqe ne sera rule ne governe per la Ley Civille et auxint lour entent uest pas de ruler ou Gouverner si haute cause come cest Appel est qe ne sera aillours trie ne termine qen Parlement come dit est per cours Processe et ordre usee en ascun Court plus bas deinse mesme le Royalme qeux Courts et Places ne sont qe Executors d ancienes Leys et Custumes du Royalme et Ordinances et establissements du Parlement Et fust avis au mesmes les Seignours du Palement per assent du Roy nostre dit Seignour qe cest Appel fuist fait et asirme bien et asses duement et le Processe dicelle bone et effectuell selonc les Leys et Cours du Parlement et per tiel lagarderont et adjugeront Et a mesme jour le Roy nostre dit Seignour et Seignours du Parlement seants en la dite blanche sale en plein Parlement les ditz Appellants prieront qe le Defaute des ditz Ercevesqe Duc Cont et Robert Tresilian Appellees comme devant feuse Recorde After which the Persons accus'd were again summon'd and appear'd not but alledged as we may suppose by their Council for here the Record is silent That they had not sufficient Notice of the Matter contain'd in the Appeal Upon which the Parliament
proceeded to Judgment In which the Judgment was That several of the Articles against the said Persons contain'd High Treason of which the Parliament pronounc'd them Guilty And that they were guilty of the Crimes laid down in these other Articles which were not judg'd to amount to Treason among which were the 5th 6th and 7th Articles But take the Words of the Record Rot. ibid. Surqoy les dits Seignours Temporels per Commandement du Roy nostre dit seignour examineront les Articles contenus en ledit Appel le Couple des dits Ercevesqe Deverwick Duc Cont Robert Tresilian Appellez come devant en celle partie par grand Labour Diligence per continuance de diverses jours tanqe le Judy le 13 Jour dudit mois de fevrier par lour avisement et bone deliberation firent declaration Adgugeront qe le 1 2. le 11. le 15 le 17 Articles contenus en le dit Appel sont Trefon Et qe ce qest contenu en le 22 Article de mesme le Appel touchant la levee des Gents pur guerroer destruire les Seignours Lieges du Roy est aussy Treson qe les 28 29 30 31 32 37 38 39. de mesme le Appel sont aussi Treson come est remembre en le avant dit roulle du dit Appel Et troveront per deue Examination per proves et emformations per tous les voies qils pourroit lour Consciences deucment emformer qe le dit Ercevesqe Duc Cont Robert Tresilian Appelles come devant feurent Coulpables notairement en icelles cest assavoir Chacun de eux en chacun Article qe luy touche Et auxint qils sont coulpables en touts les autres Articles contenus en le dit Appel nient declares au present pur Treson cest assavoir chacun deux en chacun Article qe luy touche en presence du dit Roy nostre Seignour et Seignours du Parlement Temporels seant en la dite blanche sale en plein Parlement mesme le jeudy le 13 jour du dit mois de Fevrier les dits Duc Contes Appellants prieront as dits Roy nostre Seignour Seignours du Parlement illoques estants qe les dits Ercevesqe Duc Conte et Robert Tresilian Appelles come devant fussent adjuges convicts de les hautes Trahisons contenus en â—e dit Appel Jugement Rot. ibid. Parqoy les dits Seignours du Parlement illoqes estants come Juges du Parlement en cest Case per Assent du Roy nostre Seignour Prononceront lour declaration avant dite adjugeront lesdits Ercevesqe Duc Cont et Robert Tresilian appelles come devant coulpables et convicts des Tresons contenus en les dits Articles declares pur Treson come devant Et Agarderont qe mesmes les dits Duc Cont Robert Tresilian appelles come devant fussent Treinez et penduz come Traitours et Ennemies au Roy nostre dit Seignour et a son Royalme Et qe les dits Ercevesqe Duc Cont Robert Tresilian Appelles come devant et lours Heires fussent desheritez a tous jours et qe lours Terres et Tenements Biens et Chateux feussent forfaits au Roy nostre dit Seignour Et les Temporalites du dit Ercevesqe Deverwik del Ercevesche Deverwik saisis es mains le Roy nostre dit Seignour In the same Parliament Simon de Beurle Lord Chamberlain among other Crimes was Impeach'd by the Commons for having persuaded the King to make large Gifts out of the Crown-Revenue to Foreigners Bohemians to the Impoverishment and Oppression of the People * Rot. ibid. Art 7. Item qe la ou le dit Simon de Beurle fust Chamberlein nostre Seignour le Roy en sa tendre Age tenus de luy Conseiller pur le mieux en profit de luy et de son Royalme le dit Simon per son malveis Inginie et procurement conceilla nostre Seignour le Roy davoir deinz son Houstiel grande Plenitee des Aliens Beamers et autres et de les donner grands douns des Revenus et Commoditees du Royalme peront nostre Seignour le Roy est grantement empovres et le People du Royalme outrement opreses The Parliament thought the Duke of Ireland so dangerous a Man that to be rid of him they had given the King a Grant of 30000 Marcs but when Suffolk return'd after his first Disgrace the Duke of Ireland return'd with him About this time that the Ministry might be compleat and of a piece there was a Lord Treasurer of the same Stamp with the Chancellor Chamberlain and the Duke of Ireland to wit John Foord Bishop of Durham of whom Sir John Heyward gives this Character * Life of Hen. 4. p. 20. He was a Man of little depth either in Learning or Wisdom but one that had the Art of seeming in making the best Shew of whatsoever he spake or did And rising from a mean Estate to so high a pitch of Honour he exercis'd the more excessively his Riot Avarice and Ambition not able to moderate the Lusts and Desires which former Want had kindled He at the same time was remov'd from the Council and turn'd out of his Office of Treasurer We have dwelt the longer upon Michael de la Pool because it is the first formal and regular Impeachment that we meet with in the Records And perhaps it will not be unnecessary to say something of a Man that so much drew upon him the Hatred of the People * Life of Hen. 4. p. 16. Hayward says He was a Merchant's Son in London and growing Mighty on the sudden he could not govern himself in the Change But Prosperity laid open the secret Faults of his Mind which were suppress'd and choaked before Thomas of Walsingham calls him Michael Atte Pole and says he was convicted in Parliament of notorious Frauds * Walsing p. 324. Num. 10 Convicerant eum nempe de multis Fraudibus et quibusdam proditionibus in Regem quos nequaquam inficiari nequibat unde et cum responsis astaret et objecta negare nequibat Rex pro ipso verecundatus et rubore suffusus caput agitans heu heu inquit Michael vide quid fecisti But as soon as the Parliament was up the King took him into greater Favour than before But the Weight of a Parliament will at last bear down a bad Minister so that de la Pool durst not stand the next Sessions but fled to France where he died in Exile But take from Walsingham the Character of this Chancellor with the Account of his Death * Ibid. p. 339. Hac Aestata perfidiae promptuarium Sentina Avaritiae Auriga Proditionis Archa Malitiae Odii Seminator Mendacii Fabricator susurro nequissimus dolo praestantissimus artificiosus detractor Patriae delator Michael Atte Pole quondam Comes Southfolchiae Regnique Cancellarius sed nunquam
Duke for the singuler enritchyng of his Nece and her Husbond Son to the Capidawe caused you to make the seid Sonne Earl of Kendale to geve hym grete Possessions and Enheritaunces in Englond and over that to graunte hym dyvers Castells Lordshipps and grete Possessions in youre Duchie of Guyen to the yerely value of one thousand pound and more c. Num. 32. Item The seid Duke within this youre Reame hath untruly Counseilled you to graunte fro you withoute due Consideration the Castell of Mawlyon de Sool in Guyen c. The Five next following Articles relate to his Transactions in Foreign Parts which we omit Num. 38. Item Whereas well full many Quinsismes Dismes Subsidies of Merchandises and other Charges have ben graunted to you by the Commons of this youre Reame assembled in your Parlements as Dismes and other Charges spirituel have ben graunted to you by the Clergy of this youre Reame for the defence and tuytion of the same and the sauf kepying of the Sea the seid Duke of Suffolk hath caused grete partie of the Revenues herof to ben applyed to other Use and Dispence to you not Profitable and so the defence of this your Reame and the sauf kepyng of the Sea not hadde nor kepte to our grete empoverishyng and hurt of this youre Reame Num. 39. Item The seid Duke of Suffolk hath caused the French Queen to have of the Revenues of this your Reame c. Num. 40. Item That where the Lord Sudeley late youre Treasourer of this your Reame the tyme of his departier out of his seid Office of his grete Trouth and Prudence for the defence of youre seid Reame and support of the Charges necessarie of the same left in youre Treasourie in redy Money and sure payment the some of 60000 l. of Quinsismes and Dismes and other Revenues of this youre Reame which Money if it had be well dispended and to such entent as it was left fore in youre Tresourie wold gretely have holpen to the Defence of the same the grete parte of which 60000 l. by the Labour and Means of the seid Duke of Suffolk hath ben myscheavously yeven and distribute to hymself his Frendes and Wele-willers For lakke of which Treasoure noo Armee nor competent Ordeinance myght be sufficiently in due tyme purveyed for thees Premisses Num. 41. Item the seid Duke of Suffolk by his full comberous Suyte and fals coloured Suggestions without eney Merite or deservyng hath optayned of youre Geft to hym in Estate of Enheretaunce the Erldome of Pembroke the Reversion of the Lordshippe of Haverford West after the Deth of Sir Rowland Lenthale with other grete Castells and Lordshipps as well in Englond as in Wales and dyvers grete Wards and Marriages of Heirs and their Enheritaunces in special of Margerette Doughterr and Heire of John late Duke of Somerset by which ye have hadde over grete dammage for it wold heve sufficed to a grete part of the Expense of youre Houshold The next Article relates to his having embezzel'd several Bonds remaining in the Treasury The next to his having embezzel'd several Writs The next for his having procur'd an irregular Pardon for William Tailleboys a Debtor to the King Which Articles being long we omit Num. 45. Item The seid Duke conceyvyng himself to be with you privyest and best trusted by full many Yeres hath presumed upon hymself to name to yovre Highnesse and caused to be made dyvers Persones Shirreves of many youre Countees in this youre Reame some for lucre of good and some to be applyable to his entent and Commandement to fulfylle his Desyres and Wrytyngs for such as hym lyked to th entent to enhaunce hymselfe and have over grete and unfyttyng Rule in this youre Reame Wherof ensued that they that wold not be of his Affinite in their Countreys were every Matter true or fals that he favour'd was furthered and speede and true Matters of such Persones as had not his Favour were hyndered and put abakke Perjuries therby encreased many of youre true Lieges by his Might and help of his Adherents disherited empoverished and distrowed c. The next Article relates to one of his Foreign Transactions Num. 47. Of all which Offences Misprisions and untrue Labours and false Deceytes in the seid Atticles specifyed We youre seid Commons Accuse and Empeche the seid Duke of Suffolk And in the most humble wyse beseche and pray youre Highnesse that this been enacted in this youre high Court of Parlement And that it may be proceeded upon the Premises ayenst the seid Duke during the same Parlement as the Matters and Causes forefeid requiren in Conservation of Justice to the singuler Comfort of all youre Leige People youre Rightwisenesse considering that the seyd Misprisions Fawtes and other full untrue coloured Counseils and myscheivous Dedes of the same Duke which to reherce were over-long and to diffuse have ben the Ground and Cause of the Subversion of youre Laws and Justice and Execution thereof and to the nygh likely Destruction of this youre Reame and other Places under youre Obeysaunce Num. 48. The 9th of March the Duke was brought from the Tower where the Accusations and Impeachments of the Commons were declared to him of which he desires a Copy Num. 49. The 13th of March the Duke was again brought before the Lords Spiritual and Temporal where kneeling he answer'd all the Articles of Treason by himself and utterly denyed them Num. 50. The 14th day of Marche the Chief Justice rehearsed to all the Lords by the King's Commandement saying that it is well in youre Remembrance in what wyse the Duke of Suffolk demeaned hym here yesterday And upon that axed a Question What Advyse the Lords wold yeve to the Kyng what is nowe to do furthermore in the matter which Advyse was deserred unto Monday then next comyng on the which Monday was noothyng doone in that matier Num. 51. Memorandum That on Tuesday the 17th day of Marche the Kyng sent for all his Lords both Spirituell and Temporell then beyng in Towne then the Lords present are recited into his innest Chamber with a Gabill Windowe over a Cloyster within his Paleys of Westminster and whenn they were all assembled the Kyng sent for the Duke of Suffolk the which Duke whenn he came into the Kynges Presence he kneeled down and so he kneeled continuelly stille unto the tyme the Chauncellour of Englond had seid to hym the Kyngs Commandement in Fourme that followeth Sire ye be well remembred when ye were last in the Kynges Presence and his Lords of youre Answers and Declarations upon certeyn Articles touching Accusations and Impechements of grete and horrible thyngs put upon you by the Commons of the Lond assembled in this present Parlement in ther first Bill presented by theym to the Kyngs Highnesse and how at that time ye putte you not uppon youre Parage What wold ye sey nowe further more in that matier And the seid Duke answer'd
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
far from thinking his Prerogative injur'd by Acts of Grace and Favour by which good Government might be promoted that he himself desir'd of the House of Commons that his whole Privy Council might be named and Established Rot. Parl. 7 8. Hen. 4. Num 31. in Parliament Et rehercea outre coment l'Erceveqe de Canterbirs lour avoit fait report qe le Roy vorroit estre conseilez per les pluis sages Seignours du Royalme lesqeux deussent avoir survieu de tout ceo qe seroit fait pur la bone Gouvernance de son Royalme A qel cbose faire le Roy sagrea rehercea per son bouche propre qil fuist savolonte entier Et sur ceo fust lue une Bille fait per le Roy mesme de sa volonte propre de les noms des Seignours qi seront de son Conseil Afterwards the Privy Counsellors are actually nam'd in the Bill and the Lord Chancellor Lord Treasurer Privy Seal and other great Officers are therein directed to act nothing of Importance without the concurrent Advice of the rest of the Council Et qe Billes a endorser per le Chambrelayn Lettres dessous le Signet de nostre dit Seignour le Roy a Adressers autres Mandements a doner as Chanceller Tresorer Gardien du Privee Seale autres Officiers qeconqes desore en avant en tielx Causes come desuis seront endorsez ou faitz per advys du Conseil Et qe les dits Chanceller Tresorer Gardien du Privee Seale autres Officiers ne facent en tielx Causes si non per advys du dit Consil The King goes on farther and desires his own Authority may be circumscribed in several Points and yet when he made those Concessions he was neither in his Nonage nor did he doat nor was he press'd by any Insurrection of the People and 't is notorious he neither wanted Policy nor Courage But 't is rather probable that he thought it Honest and Wise and no diminution to his Honour to oblige that People with wholsome Laws and good Government who had given him the Crown and who had been at such Expences to support his Title Magnanimous Kings have not only been Favourers of Publick Liberty but they have likewise been frugal of the Peoples Money as appears in the Instances of Henry the 1st Henry the 2d Edward the 1st Henry the 4th Henry the 5th Henry the 7th and Q. Elizabeth which shows how wrong their Notion is who think Wise and Thrifty Princes dangerous to the Freedom of a Country whereas profuse Kings such as John Henry the 3d Edward and Richard the 2d did not ouly waste the Nations Treasure but every one of 'em compell'd the People to fight Pitch'd Battles in defence of their Civil Rights Gallant Princes desire to make the People easie Henry the 4th of France our present King 's great Grand-Father said once he hop'd to order Matters so that every Man in his Kingdom should have a boil'd Capon to his Dinner None of the Apothegms utter'd by great Men and so much commended by the Antients could become the Mouth of a King so well as this Noble and Well-natur'd Saying 'T is probable had he liv'd he would have brought it about which if he could have done 't would have been a nobler Trophey to his Fame than all the Victories he had obtain'd The Honour of a King consists chiefly in doing good to the Universal Body of his People and the Publick Welfare is to weigh with him above all other Respects He is often to divest himself of the narrow Thoughts which sway among private Men and he can hardly be a good Ruler unless he does now and then in his Politick what he would not do in his Natural Capacity He is a Person intrusted by the Common-Wealth and what he acts in discharge of that Trust cannot be call'd dishonourable The Commons in the Resumption made 1 Hen. 7. tell the King in their Bill It is for his own Suerty Honor and Weal and for the Vniversal Weal Ease Rest and Suerty of his Land the which he ought to prefer before the Favour of any Person or any Place or other thing Earthly The same Words made a part of the Preamble in most-of the other Bills of the like Nature by which it appears to have been the continu'd Sense of our Ancestors that the Reputation of a Prince was never injur'd by Acts wherein the Ease and Relief of his People was consulted 'T is true such a Minister as the Chancellor de la Pool had other Sentiments and gave Advice of another kind being willing to countenance his own Depredations by the Example of others Such as he may engage the King's Honour in the Protection of their Crimes so to shelter themselves under his Wings and pretend things lessen his Fame which will only lessen their Estates But good Ministers have always thought that nothing could more hurt the Reputation of a Prince than to be reduc'd by Profusion to Courses by which his Country must be opprest with Taxes 'T was a common practice with the Duke of Sully to obstruct and often to vacate his Masters Gifts and Grants yet this great Man was sufficiently jealous of his Princes Fame In Spain Henry the Amirante Pacieco d' Ascolone and Henry de la Fortuna three Grandees had obtain'd of Ferdinand each of em a Million of Livres of Gold charg'd on the Revenue of Peru and should have receiv'd it at the Return of the Plate-Fleet but Cardinal Ximenes utterly * Bandier le Ministere du Card. Ximenes annulled these immoderate Gifts tho' de la Fortuna was the King's own Kinsman saying The Revenue of Princes tho' great in it self is always too little for the Necessities of the State And notwithstanding the Spanish Punto of Honor we do not find this Proceeding resented by King Ferdinand Before his Greatness was so establish'd seeing a very disadvantagious Farm of the Silks of Granada let for Ten Years by the Advice of Don Manuel the Treasurer to which the King had consented and which was offer'd at Council to be seal'd he took the Charter and tore it pnblickly of which the Pieces are kept among the Records of Arcala as a Memorial of this Ministers Courage and Integrity saying Salto Don Manuel were you not my very good Friend the King should cause your Head to be taken off Dare you make Grants so prejudicial to the State Nor did Phillip the 1st take it ill that his own and his Favourites Doings were thus revoked We agree that Princes in all their Actions are to consider Fame because Opinion is one of the main Pillars to support their Authority But let any reasonable Man answer Is it not more glorious for a Prince to let the whole People under his Reign enjoy Ease and Plenty without new Impositions and Duties than to enrich a few Minions and Favourites with the Spoils of a whole
and seid they were too horrible to speke more of theym and seid openly to the Kyng and all the Lordes that all the Articles comprehended in the seid Bille touchyng the Kyngs high Persone and thastate of his Royalme he trusteth to God he hath answered hem sufficiently for he hath denyed the Dayes the Yeres the Places and the Commumications hadd which were never thought nor wrought seying utterly they benâ—fals and untrue and in manner impossible for he seid soo grete thyngs coud not be done nor brought aboute by hymself alone onlesse that other Persones had doon her partie and be privy therto as well as he and he toke his Soule to perpetuel Damnation yf ever he knew more of thoo Maters than the Childe in the Moders Wombe And soo he not departyng from his seid Answers and Declaration submytted hym hooly to the Kynges Rule and Governance to doo with hym as hym list wheruppon the seid Chaunceller by the Kynges Commaundement seid unto hym ageyne in this Fourme Sire y conceyve you that ye not departyng from youre Answers and Declarations in the Matters aforeseyd not puttyng you uppon youre Parage submitte you hooly to the Kynges Rule and Governaunce Wherfore the Kynge commandeth me to sey you that as touchyng the grete and horrible thynges in the seid first Bille comprised the Kyng holdeth you nether declared nor charged And as touchyng the second Bille putte ayenst you touchyng Misprysions which be not Crymynal the Kynge by force of youre Submission by his owne Advyse and not reporting hym to thadvyse of his Lordes nor by wey of Judgment for he is not in place of Judgment putteth you to his Rule and Governaunce That is to say that ye before the first day of May next comyng shall absent your self out of his Reame of Englond And also from the seid first Day of May unto the end of five Yeres next following and fully complete ye shall absteyne to abyde in the Reame of Fraunce or in eny other Lordshippes or Places beyng under his Obeysaunce whersoever they be And that ye shull not shewe nor wayte nor no Man for you as far forth as ye may lette it no malice evil will harme ne hurte to eny Persone of what degree he be of or to eny of the Commons of this Parlement in noe manner of wyse for eny thing doon to you in this seid Parlement or elles where And forthwith the Viscount Beamount on the behalf of the seid Lordes both Spirituels and Temporelx and by their Advyse Assent and Desire recited seid and declared to the Kyngs Highnesse that this that was so decreed and doon by his Excellence concernyng the persone of the seid Duke proceded not by they re Advyse and Counseil but was doon by the Kyngs own demeanaunce and rule wherfore they besought the Kynge that this their seiyng myght be enacted in the Parlement Rolle for theyr more declaration hereafter with this Protestation that it should not be nor tourn in prejudice nor derogation of theym theyr Heyres ne of theyr Successors in tyme comyng but they may have and enjoy they re Lybertee and Freedome in case of theyr Parage hereafter as freely and as largely as ever they or eny of they re Auncesters or Pedecessours had and enjoyed before this tyme. Thus William de la Pool Duke of Suffolk the Kings Favourite and the Queens Minion was impeach'd by the Commons and banish'd by the Regal Authority Graft Chron. p. 609. Grafton speaking of him says He was notorious for enrychyng Hymself with the Kynges Goods and Lands gathering together and making a Monopoly of Offices Fees Wards and Ferms by reason whereof the Kynges Estate was greatly mynished and decayed and he and his Kin highly exalted and enriched Ibid. p. 610. Besides the same Author says He had dipp'd his hands in Blood having been a chief Instrument in contriving the Murther of Humphry Duke of Gloster But Sanguinary Men seldom escape unpunish'd for this Duke of Suffolk had his own Head struck off upon the side of a Cock-boat by a Servant belonging to the Duke of Exeter Cot. Post p. 280. In his Speech to the House of Commons Sir Robert Cotton cites an Old Author who gives an admirable Description of those times He says I will tell you what I found since this Assembly at Oxford written by a Reverend Man twice Vice Chancellor of this Place his Name was Gascoin a Man that saw the Tragedy of De la Pool He tells you that the Revenues of the Crown were so rent away by ill Council that the King was enforced to live deTallagiis Populi That the King was grown in debt quinque centena millia librarum That his great Favourite in treating of a foreign Marriage had lost his Master a foreign Duchy That to work his Ends he had caus'd the King to adjourn his Parliament In villis remotis partibus Regni where few People propter defectum hospitii victualium could attend and by shifting that Assembly from place to place to inforce I will use the Authors Words illos paucos qui remanebant de Communitate Regni concedere Regi quamvis pessima When the Parliament endeavour'd by an Act of Resumption the just and frequent way to repair the languishing State of the Crown for all from Hen. 3. but one till the 6 of Hen. 8. have used it this great Man told the King it was Ad dedecus Regis and forced him from it To which the Commons answer'd although Vexati laboribus Expensis quod nunquam concederent Taxam Regi until by Authority of Parliament Resumeret actualiter omnia pertinentia Coronae Angliae And that it was Magis ad dedecus Regis to leave so many poor men in intolerable want to whom the King stood then indebted Yet could not all good Council work until by Parliament that bad Great Man was banish'd which was no sooner done but an Act of Resumption followed the Inrollment of the Act of his Exilement Sir Robert Cotton that learned Antiqary is so intirely in the Right in this Assertion that whoever looks over the Records will find that there is not so much as a line interposed between the Proceedings against the Duke of Suffolk and the Act of Resumption so quickly they followed one another Which ought to be a perpetual Notice and Lesson to Posterity that when the People of England desire an Act of Resumption the Work must begin with Impeaching Corrupt Ministers We have hitherto produc'd Impeachments of elder Times which perhaps the Persons concern'd in point of Interest will call old musty Records We shall therefore now proceed to show some Presidents of a later date As our Ancestors held it a Crime for Men to procure to themselves Offices above their Capacity and Gifts and Grants from the Crown beyond their Deserts so in this latter Age the House of Commons have thought the like Proceedings not for the King's Honour and dangerous to the Publick 2