Alienations of the Crown-Revenue And a Resumption made The Records for this 117 Great Profusion and Misgovernment in the Reign of King Richard the Second The Rapine of the Ministers of those Times occasioned Acts of Resumption several Records produc'd to this Purpose from 119 to 127 In the Reign of Henry the Fourth the Commons pray that a Resumption may be made The Record 127 In the Fifth of this Reign the Commons pray that the King will take Care for the Repair of his Castles in particular Windsor Castle and of the Maintenance of his Parks And complain that the Lands assign'd for the Repair of Windsor Castle are granted away praying they may be resumed The King's Answer The Record for this 128 Lands and Mannors annexed to Windsor Castle 31 Henry 8th 131 The same Year of Henry 4th the Commons pray that Lands alienated from the Duchy of Cornwall may be resum'd The King's Answer The Record 132 In the 6th Year of the same Reign the Commons again pray for a Resumption The King's Answer The Record 133 What â—ort of a Resumption was then made and the Reasons for it The Record 140 In the Seventh and Eighth of this Reign the Commons pray that the Lands to be conquer'd in Wales may not be granted away the first Quarter of a Year The Record 143 In the same Year the Commons pray that certain Foreigners by Name may be banished which is granted and the King orders an Accompt to be deliver'd in Chancery of what Grants they had obtain'd The Record 144 In the 11th of this Reign the Commons pray that no Alienation of the Crown-Revenue may be made to which the King assents The Record 145 What sort of Resumption was made in the Reign of Henry the Fifth The Record 148 A Resumption made 28 Hen. 6. The Record 149 to 158 The Exceptions or Savings inserted by the King in this Resumption 159 to 178 Another Resumption the 29th of this Reign 181 Another Resumption the 33th of the same Reign 193 A Resumption the 1st of Edward 4th The Record 208 Another Resumption 3d and 4th of the same Reign 210 In the 7th Edward 4th The King invites his People from the Throne to make an Act of Resumption 214 A Resumption 7th Edward the 4th The Record 216 The King by the Mouth of the Chancellor thanks the House of Commons for this Resumption 221 222 In the 13th of the same Reign there pass'd another Act of Resumption 222 The Method which was taken in this Reign to pay the King's Debts See the Record 225 In the 1st of Henry 7th there was one General Act and afterwards other particular Acts of Resumption 232 What Sort of Resumption was made Ann. 6. Hen. 8 238 The Author has himself examin'd at the Tower the French Records cited in this Book 243 All the Resumptions recapitulated 244 245 Several Observations upon these Acts of Resumption 245 to 248 The Effects these Acts of Resumptions produced 249 In what Posture the Crown-Revenue stood 28 29 Hen. 6. ibid. How it stood in the Reign of Hen. 7. what Taxes he had and what an immense Sum he left behind him 249 250 The Acts of Resumption principally put the Crown-Revenue into the State Hen. 7. left it at his Death 250 The State of the Revenue Anno 12. Eliz. 252 The Reason why no Resumption could be proper during her Time ibid. Resumptions talk'd on in the Reign of King James the First ibid. What Steps were made towards a Resumption in the Beginning of King Charles the Second's Reign 253 254 State of the Revenue at King Charles's Restauration 255 Sir John Fortescue's Opinion concerning Resumptions out of a Manuscript in the Bodleian Library 257 to 262 When the Debtors or Accomptants to the King have been unreasonably discharg'd Privy-Seals have been revoked The Record 263 SECT IV. That several Ministers of State have been Impeach'd in Parliament for presuming to procure to themselves Grants of the Crown-Revenue WHat sort of Power our King 's anciently had to alienate the Crown-Revenue 274 The Opinion of some Authors upon this Subject 275 Observations upon the Scaccarium and Hanneperium ibid In Alienations the King trusted as Head of the Common-wealth 278 The Danger if Alienations might not be inquir'd into 279 'T is manifest the Legislature has a Power to inquire into Grants ibid. Resumptions an extraordinary Exercise of the Legislative Authority 280 What Provision the Wisdom of the Law has made that there may not be occasion for 'em ibid. If this does not do by calling corrupt Ministers to an Accompt 281 The Care Hen. 4. took in the Revenue and the good Laws thereunto relating ibid. The Effect it had 283 The Care our Ancestors had long before taken in this Matter 284 1st By regulating the Expences of the King's Court ibid. 2dly By desiring the King to employ wise and able Men 285 3dly By procuring the Banishment of Strangers who were become a Burthen upon the Court ibid. 4thly By appointing Commissioners to inspect the publick Accompts The Record 287 5thly By enquiring into the Management of particular Branches 290 The Provisions which our Constitution has establish'd that the King may not be deceiv'd 291 The Progress Grants ought to make 292 First in the Treasury The Treasurer of the Exchequer or Lord-Treasurer's Duty and Oath ibid. From thence the Grant goes to the Attorney-General His Duty 204 From thence to the Secretary of State His Duty 295 From the Signet it should go to the Lord Privy-Seal His Duty and Oath 296 From the Privy-Seal it goes to the Lord Chancellor His Duty and Oath 297 All this inforced by a positive Law 27 Hen. 8. 298 The Force of the Laws enervated by Clauses of Ex certa Scientia Graetia Speciali Mero Motu and by Clauses of Non Obstante 301 Matthew Paris his Opinion of these Clauses of Non Obstante 302 Of the Destinction the Lawyers make between Directive and Coercive 305 When Ministers have broke through the Laws in this Matter of Grants our Ancestors have proceeded by Impeachments 307 Ranulphus Bishop of Durham accus'd for Male-Administration His Character 308 Pieres Gaverton impeach'd for procuring Grants The Record 309 Henry de Beaumont accus'd expell'd the Council and banish'd by Parliament from the King's Presence upon the same Accompt 313 The Lady Vescie accus'd and banish'd the Court in the same Manner and upon the same Accompt 314 Procuring Grants one of the principal Heads of Accusation against Hugh Spencer Earl of Glocester 315 In the 4 Edw. 3. Articles were exhibited in Parliament against Roger Mortimer Earl of March for having procured to himself Grants of the Crown-Revenue The Record 316 In the 10 Rich. 2. Michael de la Pool was impeach'd for that being Chancellor and sworn to the Kiug's Profit he had procured to himself Grants of the Crown-Revenue The Judgment against him The Records 317 to 323 In the 11 Rich. 2. the said Michael de la Pool was
it being look'd upon 〈◊〉 the Princes private Patrimony or 〈◊〉 his Privy Purse and so to be dispos'd 〈◊〉 without any Accompt It was formeâ— a Clause in most Grants Sine aliâ—â— Fine vel Feodo magno vel parvo nobis solvendo in Hannaperio Which Fine went to the King 's private Purse Heretofore when much Land was in the Crown the Hamper yielded so considerable a Sum as that it was thought fit to be included in all the Acts of Resumption for large Pensions being begg'd out of it the Parliament judg'd it their Duty to take care as well of what was reckon'd the Princes Peculium or private Patrimony as of what belong'd jointly to him and the Publick which was done in other Instances as where they resumed Annis 3 4 7 13 Edw. 4. his Family Inheritance of the Dutchy of York and Earldom of March. But this difference with many other good Forms of our old Government is said aside * Spel. Glos p. 278. Nulla pené jam nobiscum habita Pecuniae Publicae privatae distinctione cùm sit utráque in solius Princiâ—is Arbitrio And from the time of William Rufus our Kings have thought they might alienate and dispose of the Crown-Lands at Will and Pleasure and â—n all Ages not only Charters of Liberties and Franchises have been given but likewise Letters Patents for Lands and Mannors have actually pass'd in every Reign Nor would it have been convenient that the Princes Hands should have been absolutely bound up by any Law or that what had once got into the Crown should have been for ever separated from private Possession For then by Forfeitures and Attaintures he must have become Lord of the whole Soil in a long Course of Time The Constitution therefore seems to have left him free in this Matter but upon this tacit Trust as he has all his other Power that he shall do nothing which may tend to the Destruction of his Subjects However tho' he be thus trusted 't is only as Head of the Common-wealth and the People of England have in no Age been wanting to put in their Claim to that in which they conceiv'd themselves to have a remaining Interest which Claims are the Acts of Resumption that from time to time have been made in Parliament when such Gifts and Grants were made as became burthensome and hurtful to the Publick Nor can any Government or State divest it self of the Means of its Preservation And if our Kings should have had an unlimitted Power of giving away their whole Revenue and if no Authority could have revoked such Gifts every profuse Prince of which we have had many in this Kingdom would have ruin'd his Successor and the People must have been destroy'd with new and repeated Taxes for by our Duty we are likewise to support the next Prince So that if no Authority could look into this a Nation must be utterly undone without any way of redressing it self which is against the Nature and Essence of any free Establishment Our Constitution therefore seems to have been that the King always might make Grants and that those Grants if pass'd according to the Forms prescribed by the Law were valid and pleadable against not only him but his Successors However at the same time 't is likewise manifest that the Legislative Power has had an uncontested Right to look into those Grants and to make them void whenever they were thought exorbitant And therein wise Kings have given way and not thought it dishonourable to join with their People in that which was judg'd to be for the Ease and Benefit of the major part But because in Acts of Resumption the Legislature exerts it self in an extraordinary manner and because 't is a Cordial of a very strong Operation and for that such Acts must of Necessity break into private Contracts Marriage-Settlements Sales upon a valuable Consideration and in many other Instances the Law has fenc'd the King's Revenue with Restrictions and wholsome Constitutions it has prescrib'd Forms by which Grants and Gifts should pass it has erected several Checks and trusted those Checks in the Hands of high Officers of the Crown And lastly the Laws have call'd to Accompt and seveerly punish'd many Men of great Birth and Figure for breaking down these Fences by all which our Ancestors seem to have desir'd and design'd preventing Mischiefs in their Growth and that Recourse should be had to extraordinary Remedies as seldom as possible And First That not only his common Expences but that also his Liberalities might be supply'd without diminution of the Capital innumerable Laws did provide that he might be neither deceiv'd in his Receipts nor in his Payments besides which the Introitus and Exitus of the Exchequer was originally contriv'd with Check upon Check and with all the Care and Art imaginable But all these good Methods were very early overthrown by the Negligence of some Princes but more through the Corruption of their Ministers Henry the IV. who had depos'd his Predecessor and who came in upon the Foot of Reformation began to make Regulations and restore some Order in the Revenues of the Crown In the first Year of his Reign the Commons complain'd of outragious Grants and of great Sums of Mony released to undeserving Persons the King not perceiving the hurt done him at the time of the Grant They pray that such Grants upon good Deliberation may be recall'd and that from thenceforth he would make no Grant but with the Advice of his Council The King Answers He will be advis'd by the wise Men of his Council And thereupon several good Regulations relating to the Passing of Grants are establish'd but take the Record 1 Hen. 4. Rot. Parl. Num. 98. Et aufyn qil ne soit deceux en les Grantes ou douns annuelx ou en fee ou en ascunes Offices per luy a faires ou a Granters en temps avenir il voet de lassent des Seignours Esprituelx Temporelx des Communes qe touts ceux qi demanderont du Roy Terres Tenementes Rentes Offices Annuitees ou autres profites qeconqes facent expresse mencion en lour Petitions de la value de la chose ensi a demander auxi de ceo qe ils ont eue du donne le Roy ou des autres ses Progenitours ou Predecessours per devant en cas qe ils ne facent tiel mencion en lour dites Petitions ceo duement proeve soient les lettres patentes du Roy ent faites nient vaillables ne de nulle force neffect mes de tout revoqes repelles adnuelles pur toutz jourz au punissement de ceux qe ensi ount fait tiel deceit ou Roy come ceux quy ne sont pas dignes denjoier leffect Benefice des Lettres Patentes a eux Grantez en celle partie This Acts directs that in the Petition to the King for any Gift or Grant express mention shall
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
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
made for the Expences of the current Year But the Honour of the House of Commons and the Credit of the Nation seem absolutely engaged to make good several Deficiencies to which we are not only bound by Publick Faith which ought to be inviolable but by direct and express Clauses in Acts of Parliament so that when a Law has Enacted That such a Debt should be paid by a prefix'd time all Ways and Means ought to be thought upon to make that Promise good not so much for the sake of Credit to go a borrowing with which Parliaments can hardly loose but to keep sacred the Dignity and Majesty of the Common-wealth There is no Man will pretend to say but that the Ways and Means of raising Mony are extreamly difficult Almost every Branch of our home Consumption has a Load upon it Our Foreign Traffick is already more charg'd than can possibly consist wich the Interest of a Trading Country Three Shillings per Pound with the strictness 't is now levyed is such a Weight that if it be much longer continu'd must in time certainly ruin all the less Free-holders and greatly hurt the Gentry of this Kingdom To lay farther Excises upon the same Commodities cannot be done without apparent prejudice to the Duties already granted the same will hold in laying higher Customs To charge Land for any long term of Years in times of Peace is a thing unheard of among our Ancestor and tho' past Conduct has made it perhaps unavoidable for some Years to come yet the People will think themselves very ill dealt with by their Representatives if Care be not taken to lay as few Burthens upon their Land as possible Some indeed have been of Opinion that the Deficiencies may be satisfy'd and that the Debts may be paid by prolonging the Fonds already granted for a further term of time but others who love their Country have thought it dishonourable and dangerous that England should be so long pawn'd and continue for so many Years in Mortgage They think it not safe for our Constitution nor consistant with our Civil Rights that there should be levyed in this Kingdom for any number of Years near four Millions annually in Customs Excises and such like Duties which in some future Reign bad Ministers may perhaps seize upon and intercept by stopping the Exchequer in order to set up an Army and to subsist without a Parliament Of this good Patriots will be always apprehensive and have therefore ever abhorr'd these long Fonds which all the Neighbouring Princes round about us have constantly made use of for subverting the Liberties of their People Some without Doors have been for trying such wild Projects as was that of increasing the number of Exchequer-Bills which indeed was a good Expedient to lull our Creditors asleep and to quiet Things for the present while certain Persons might have the Opportunity of doing their own Business and of Building up their own Fortunes but the Publick could thereby have reap'd no Benefit On the contrary this Calm in our Affairs and the not being press'd by any clamorous demands would have occasion'd and encourag'd still more and more bad Husbandry and at last the Debt must have come upon us with the addition of a heavy load of Interest besides which is unanswerable if a War had overtaken the Nation with such a Debt upon it all due and demandable at a Day Publick Credit must have sunk at once upon which would have follow'd Ruin without Redemption Good Patriots will never think England can be effectually reliev'd by any Ways and Means of raising Mony but such as shall sink part of the Principal Debt and hinder us from being eaten up by that Canker of Vsury which has been so destructive to this Government Nor will English-men we mean such of 'em as consider at all think that Trade can flourish or that Liberty is intirely safe 'till our Payments to the Publick are reduc'd to what they were before the War viz. two Milions Yearly for this Nation will be ever apprehensive That such mighty Sums as we now pay may hereafter in the Reign of some other Prince be turn'd against the People tho' given and granted for their Preservation Since therefore the common Ways and Means of raising Money may be dangerous in their future Consequence or a present Burthen upon the Nation it imports good Patriots to consider whether or no the Necessities of the Government may not be supply'd by the Methods which our Ancestors have so frequently put in Practice By which we mean whether or no a Resumption of such Lands in England and more especially in Ireland as have lately been granted away from the Crown would not be a great Relief and Ease to the People in their Taxes If a Resumption can be made without breaking into the Rules of Justice or without bringing any Reflection upon the King whose Honour above all things ought to be regarded and if thereby two Millions can be rais'd to come in the room and place of a Land-Tax very few People will think it strange for the Legislative Authority to exert it self in a matter so much for the Common Ease and Benefit And where the Publick is so deeply concern'd but very few Persons will consider or consult the private Interest of such as have procur'd the Grants Therefore in handling this Subject we shall endeavour to examin into and state these following Points I. How far it is consistent with the Honour of a Prince to desire and promote a Resumption by Act of Parliament II. What Interest the People of England have in the Lands granted away and especially as to the forfeited Estates in Ireland III. How far in an Act of Resumption it is just and reasonable to look backwards 1st How far it is consistent with the Honor of a Prince to desire and promote a Resumption by Act of Parliament There is nothing more evident in our Histories than that the most magnanimous of our Kings have been the most free in confirming to the People their Antient Liberties Magna Charta as it is now deriv'd down to us was modell'd by Henry the 1st a Math. Par. fol. 74. Prince famous for his Military Virtues which was confirm'd by Stephen a King active enough in the Field This Sheet-Anchor of our Liberties was yet more strengthen'd by Edward 3d as Renowned as any of our Kings for Personal Valour and Victories abroad That which heretofore by Flatterers and Corrupt Ministers has been call'd Prerogative was never insisted upon but by weak and effeminate Princes who desir'd that their Immoderate Appetites of doing Ill might be justifi'd and strengthen'd by more Power than was allow'd 'em by the Laws Magnanimous Kings have always thought That the Royal Prerogative consisted chiefly in the Power of doing Good to so many Millions of Men who depend upon their Wisdom and Courage Henry the 4th that Heroick Prince who obtain'd the Crown by his own Personal Merits was so
Country A Prince thirsting after present or future Renown whose Example would he desire to follow That of Henry the 4th who by his Frugality brought the Crown of France out of Debt or that of Henry the 3d who harrass'd his whole Kingdom to build up four or five great Families whereby he got no more than to leave behind him so many conspicuous Monuments of his Weakness No doubt it has heretofore been thought injurious to the Reputation of a Prince to be urged by clamorous Debts to suffer many thousands of miserable Persons to want what is their due to have his Troops unpaid and his Seamen in vast Arrears and to let his menial Servants starve first by retrenchments and then by being without their settled Wages and Allowances These are truly Blemishes upon a Princes Glory and were represented as such by the Commons of England assembled in Parliament 28 Hen. 6. when they made Application That these Reflections might be taken away and that these Grievances might be redress'd and affirm'd at the same time That they could not grant any Aid unless the King would actually resume what had been obtain'd from the Crown by Importunity or Surprize upon false Suggestions or by Contrivance among the Great ones Seldom any Prince has miscarry'd in his Fame or Fortune who has constantly pursued the Publick Good and who has directed all his Counsels to his Countreys Ease and Benefit but History is full of their Troubles and Disasters who have obstinately adhear'd to a few against the whole and who have confin'd to particular Objects that Affection which ought to be extended to the universal Body of their People What was done by Henry the 1st Henry the 2d and by that Hero Richard Cordelyon What was done by that Conqueror of France Henry the 5th What that Spirited and Martial Prince Edward the 4th desir'd his Parliament in a Speech from the Throne to put in Execution and which he thanked them afterwards for doing can never be thought dishonourable in any other King and among English Men a Prince will never suffer in his present or future Renown for treading in their Steps and following their Examples And without doubt these Noble and Warlike Princes did not think the Regal Power at all impair'd by giving Way to the Resumptions which were made during their Reigns for in all these Exercises of the Legislative Authority Lords and Commons do but act subserviently under a King for his Profit Grctiu s de Jure Belli ac Pacis l. 1. Cap. 3. Num. 18. which Grotius very finely thus Illustrates Multum falluntur qui existimant cum Reges Acta quaedam sua nolunt rata esse nisi a Senatu aut alio Coetu aliquo probentur partitionem fieri potestatis nam quae Acta eum in modum rescinduntur intelligi debent rescindi Regis ipsius Imperio qui eo modo sibi cavere voluit ne quid fallaciter impetratum pro vera ipsius voluntate haberetur 2dly What Interest the People of England have in the Lands granted away and especially as to the Forfeited Estates in Ireland As to Lands appertaining to the Imperial Crown of England and of its Antient Demeasnes 't is not at all clear that they can be alienated the Fundamentals and general Grounds of Government consider'd Grotius is directly Lib. 2. Cap. 6. Num. 1â— of this Sentiment Patrimonium quoque Populi cujus fructus distinati sunt ad sustentanda Reipublicae aut Regiae dignitatis onera a Regibus alienari nec in totum nec in partâ—m potest Nam in hoc jus majus Fructuario non habent And to fortisie his own Opinion he produces very many great Authorities But we shall take notiee of some he has not mention'd Hotman is clearly of Opinion Hotman de Jâ—r Reg. Gall. T. 3. Col. 139. That the Kings of France could not alienate the Demeasnes of the Crown Itaque Anno cio ccc xcix cùm Rex Carolus comiti sampaulino particulam quandam sui domanii donasset Senatus Parisiensis pro vetere veteris trium statuum Parlamenti jure intercessit ac pronuntiavit Regii dominii diminutionem nullius esse momenti nisi cujus auctor Senatus ille Parisiensis fuisset Quod decretum Paponius inter arresta sua retulit lib. 5. tit 10. ubi alia complura generis ejusdem Senatus consulta commemorat And a little lower Quae sanè lex Reipublicae per quam utilis est ad regii dominii conservationem Quia tum demum ad tributa indictiones extraordinarias quibus plebs oneratur decurri tanquam ad subsidium solet cum illud dominium Col. 140. regium exhaustum est And again Jus Regum Francorum ita constitutum est ut non infinitam immensam regno atque imperio suo abutendi potestatem haberent non regni Patrimonium insanis largitionibus donationibus immodicis prodigorum instar dissiparent sed utpatriae ac populorum suorum salutem fidei suae creditam incolumem servarent neque ulla ex parte Rempublicam sibi commissam violarent denique ut sanctissimum illud M. Tullii praeceptum servarent Vt tutelam sic procurationem Reip. ad utilitatem eorum qui commssi sunt non ad eorum quibus commissa est gerendam esse But as we have noted in the precedent Section this Point is become more doubtful since the late Act for declaring the Rights and Liberties of the Subject which Act absolutely condemns those Clauses of non Obstante whereby these Alienations were formerly supported and such Clauses being condemn'd there are strong Reasons to think that the Act 11 H. 4. which clearly prohibits such Grants is now return'd to its first Force and Vigour However let this Matter stand as it will we shall probably make it appear That the Lands in Ireland which the People of England have within a few Years repurchased with so much Blood and Treasure are quite upon another Foot Lib. 3. Cap. 6. Num. 10. Grotiuus affirms 't is the Law of Natious Ex Jure Gentium That the Lands of the Vanquish'd should go to the Conquering People Ex quo gentium Jure Scipio agit â—um Masinissa apud Livium Syphax Populi Romani Auspiciis victus Captusque est Itaque Conjux Regnum Ager Oppida homines qui incolunt quicquid Syphacis fuit Praeda Populi Romani est What he terms the Law of Nations is all the highest Result of Reason for is it not just that what is gain'd at their Expence should belong to them Hotman putting the Case how it should be if the Lands to be given away are newly Conquer'd says †Hotman Quaest Il-Iust T. 1. Col. 850. Restat pars ultima cùm armis Bello regnum quaesitum est Nam cùm armis Principis partum atque in ejus ditionem redactum sit consentaneum videtur ut de eo statuere arbitratu suo possit Sed cum eam ditionem solus ac
way to Inquiries of this nature and not thought it inconsistent with their Royal Dignity and Honor to resume even their own Grants when they have been represented by the whole Body of their People as hurtful to the Common-wealth In Democratical Governments War did commonly unite the minds of men when they had Enemies abroad they did not contend with one another at home which produc'd one good effect that then the Administration of Affairs was left to the best and ablest Hands They chose for their mutual Strivings for setting afoot Factions and dangerous Brigues times of the profoundest Peace and at such seasons men grown Popular by wicked Arts ambitious Pretenders light Orators and the worst sort of Citizens had the most sway and Authority among the People which occasion'd Phocion to utter these memorable words to one of this stamp I am at present against War tho it puts the Power into my Hands and tho such turbulent and naughty Spirits as you are govern all things in times of Peace But notwithstanding it has thus happen'd in some Commonwealths it has prov'd otherwise in mix'd Governments where the several parts of the Constitution have their distinct Powers Rights and Priviledges And particularly in this Kingdom it has been seen that mens minds have been most disunited when there was the greatest need of Concord Among us heretofore foreign Wars instead of allaying Factions for the present have set 'em in a higher Flame and contrary to antient Prudence when we wanted the best the worst men have got to be at the Head of business All which did chiefly proceed from the Necessities to which our Princes were reduc'd by their Expeditions abroad For War occasions Taxes Taxes bring Want Want produces Discontent and the Discontents of the People were ever the best Materials for designing and ambitious men to work upon when the People is griev'd and sullen Parties are easily form'd when Parties are form'd at first they let themselves be advised and ruled by such as have true Publick Zeal and Virtue but of those they grow quickly weary and then they fall into the hands of such as only make a false Profession of it and in a little time they are entirely directed by Persons whose sole drift is to build their own Fortunes upon the Ruins of their Country in the mean while the strength and number of their Party makes these leading men powerful and gives 'em such weight that they must be courted preferr'd and bought often they must have one half to procure the other and so considerable do they grow that if they are suffer'd they presently invade all Offices and Employments in which when they are securely planted they likewise give to one another all the Lands and Revenues of the State And our Histories shew that in former times Princes reduc'd to streights by War have been forc'd to wink at this and to permit these busie men then thought necessary to do all engross all Rob the Publick share the Crown Lands and in short to commit what other waste they please Thus as in Commonwealths the worst men are most powerful in times of Peace under Regal Governments they are strongest and ablest to do hurt in times of War But whereas in Common-wealths Peace has brought sundry Mischiefs in the Government by Kings it often produces good order and better Administration for several of our Princes whose Necessities compell'd 'em to endure the Rapine of their Ministers in time of War have in times of Peace divested those Publick Robbers of their unlawful and outragious Plunder We have now upon the Throne a King willing and able to correct the Abuses of the Age Willing from the wisdom of his Mind and the goodness of his Temper Able from that Power and Strong Interest which his Courage and his other numberless Virtues have procur'd Him in the Hearts and Affections of his People Men readily obey and follow him whom they reverence for which reason some Philosophers have placed the Original of Power in Admiration either of surpassing Form great Valour or Superior Understanding Heroick Kings whose high Perfections have made 'em awful to their Subjects can struggle with and subdue the Corruption of the times A Hercules can cleause the Augean Stable of the â—ilth which had not been swept away in thirty years Princes whom their Effeminacy Weakness or Levity have rendred contemptible may fear Idols of their own making and stand in awe of Men become terrible only by greatness derived from them They may be affraid to pull down Ministers and favorites grown formidable by the united Councils of their Faction by the Number of their Followers and strength of their Adherents and so let male-administration proceed on as thinking it too big to be amended but magnanimous Kings who have the People of their side need entertain no such Thoughts and Apprehensions they know that these Top-heavy buildings rear'd up to an invidious height and which have no solid Foundation in Merit are in a Moment blown down by the breath of Kings Good Persons indeed grown great and popular from the â—ame of their real Worth and Virtues may perhaps be dreadful to bad Rulers but bad Men let 'em have never so much seeming Greatness and Power are very rarely dangerous to good Princes The Cabals of a Party the Intreagueâ— of a Court nor the Difficulties some may pretend to bring upon his affairs never terrify a Wise and Stout King bent to reform the State who has the love of hiâ— People and whose Interest is one anâ— the same with Theirs We have neveâ— yet heard of a Tumult raised to rescue â— Minister whom his Master desired to bring to a fair Accompt On the contrary to see upstarts and worthless Men inrichâ— with Spoils of a Country has been thâ— Occasion of many popular Seditions which wise Kings have appeased by a just and timely Sacrifice None are so able to mend what is amiss in State as Kings who enjoy their Crown from the Subjects Gift May be it has been sometimes thought harsh in those who were born in Purple to look into abuses with a Stricter Eye than their Predecessors But Elected Kings are presum'd to come in upon the Foot of Reformation and so are justifyed by the Voices of all Mankind in pursuing the Ends for which they were called by the People If therefore such Kings are severe in looking into their Accompts If they are frugal of the Publick Money If they examin into the Corruption of their Officers If they enquire into the sudden and exorbitant Wealth of those who have had the handling of their Treasure If they rigorously punish such as in breach of their Trust and contrary to their Oaths have converted to their own use what belongs to the State If they abandon and resign into the hands of Justice such as have robb'd them and the Publick If they resume what has been obtain'd fraudulently by surprize and upon wrong suggestions and If they take back
and Confiscated to the King's use In this Colloquy the Barons told him That he was in Debt and Ruin'd by the Strangers about him who had Consum'd all so that he was forc'd to give Tallies for the Victuals of his Table * Knyghton Col. 2445. N o 10. Domine Rex inter manus Alienigenarum res utique tua male agitur diversimode tractatur nam consumptis universis multo jam deprimeris eâ— alieno datis pro cibariis tuis Talleiâ— versus es in scandalum in omni populo tuo The Consequence of this Profusion was grievous Taxes the Taxes produc'd Discontents these Discontents encourag'â— Simon Montford and others to begin thâ— Civil War in which this King had beeâ— lost but for the Courage and Conduct 〈◊〉 his Son In the Reign of Edward the I. we 〈◊〉 not find there was any Resumption bâ— Annn Dom. 1289. the Legislative Authority did very wisely interpose in Correâ—ing the Abuses of Westminster-Hall * Vide Dan. p. 160 Mat. West p. 414. N o 10 and Knyghton Col. 2466. Finâ—ing all the Judges for their Corruptioâ— and Extortions Sir Ralph Hengham wâ— had been Chief Justice of the highâ— Bench and Commissioner for the Gâ—vernment of the Kingdom in the King Absence paid Seven thousand Marcs 〈◊〉 Edward Stratton paid Thirty four thousand Marcs Thomas Wayland found the greatest Delinquent Forfeited all his Estate The whole Set paid among 'em 〈◊〉 Hundred thousand Marcs which for those Days was a prodigious Summ. The next Reign of Edward the IId gives the prospect of Civil Wars Treachery Bloodshed and a view of all the Calamities that are the Consequences of â— Riotous and Profuse Court The unbounded Favour of this Prince o his Minion Pierce Gaveston made Earl of Cornwal and the Waste which the said Earl had made in the Crown-Revenue so provok'd the Peers that they never restd till they had obtain'd an Instrument mpowering several Ecclesiastical and â—ay Lords to make certain Ordinances â—or the good of the Kingdom which nstrument and Ordinances made by Virue of it were afterwards ratify'd in Parament Among other things it was then order'd That the Crown-Revenue should â—ot be Alienated Derecheif ordein est Rot. Ord. 5 Edw. II. N o. 3. pur les dettes le Roy acquitter son estate relever le plus honourablement mainteiner qe nul don de Terre ne de Rent ne de Franchise ne d' Eschete ne de Gard ne Marriage ne Baillie se face a nul des ditz Ordenours durant leur poer del dit ordeinment ne a uul autre sauns Conseil assent des ditz Ordenours ou de la greinder partie de eux au six de eux au moins mes totes les choses desquex profits poit surdre soient enpruees al profit le Roy jusques son estat soit avenantment releve c. There is this Remarkable in the Record That they bound up themselves as well as others from receiving any part of the King's Lands as we may suppose not thinking it fair for them who had the Power to keep the Purse shut to others and to open it for themselves They took likewise Care of a Resumption * Ibed N o 7. Et puis derecheife pur se qe lâ— Corone est tant abeissee demembree pâ— diverses donns nous Ordinons qe toâ— les donns qe sont donez au damage dâ— Roy descresse de la Corone puis 〈◊〉 Commission a nous fait des Chasteam Villes Terres Tenements Bayleâ— Gardez Marriages Eschetes Relâ— queconques queles soint aussibien 〈◊〉 Gascoin Irland Gales Escoce coâ— me en Engleterre soint repelleez noâ— les repellons de tout sanz estre redonnâ— a meismes ceux sanz comun assent 〈◊〉 Parlement Et que si tieu maner des dom ou Reles soint Desormes donez encâ—â—tre la form avantdit sanz assent de soâ— Barnage ce en Parlement tant qe 〈◊〉 dettes soint acquittees son estatâ— avenantment releves soint tenus poâ— nuls soit le pernour puny en Parlement par Agard del Barnage 'T is true these Ordinances were revok'd in the * Great Statute Roll from H. III. to 21 Ed. III M. 31. Bibli Cott. Claud. Parliament which this King held at York the 15th of his Reign just after he had Defeated and put to Death Thomas Earl of Lancaster with many other of the Barons But his Rigid Proceeding with those who had Fought in Defence of their Countries Freedom and his immoderate Favour and Bounty to the Spencers Earls of Whinchester and Gloster with all his other Mis-government lost him both his Crown and Life in a short time after 'T is to be presum'd That what the Parliament had done in Edward II. Reign to hinder the Favourites from making Depredations upon the Crown-Revenue had effectually stopp'd the Evil because we do not find there was any need of an Act of Resumption in Edward the III's Time There is no part of our History more remarkable than the Life of Richard II. Grandson of Edward III. And no Times afford so many Presidents of Liberty asserted and of the Excesses of Regal Power with the Corruption of bad Ministers as this unfortunate Reign But Misgovernment will of Necessity bring on good Laws in the End The lavish Temper of this Prince his unreasonable Favour to the Duke of Ireland to Michal de la Pool Earl Suffolk his Chancellor and others with his loose and careless Administration produc'd the Parliaments of 10th 11th and 13th Richard II. by which his Power was circumscribd and bounded 'T is true 21 Richard II. he procur'd a Repeal of what had been formerly settled by Parliament for the Welfare of the Kingdom in which Sessions he got Iniquity establish'd by a Law but the Conclusion of all this Misgoverment was that he incurr'd so much the Publick hatred as to be deserted by the whole People and in a solemn manner to be depos'd The Excesses of the Court and Rapine of the Ministers in those days and towards the latter end of Edward III. produc'd Acts of Resumption The Commons pray that all kind of Gifts whatsoever made by King Edward III. may be examin'd if worthily bestow'd to be Confirm'd if otherwise to be Revok'd * Rot. Parl. 1 Ri. II. N o. 48. Item ils Prient pur ceo que la Corone est moult abaisse demembre par divers donns donez en temps de notre Seigneur que Dieux assoille queux donns il estoit malement deceux en plusieurs Personnes malement emploeis come home le poet declarer a grand damage de lui de notre Seigneur le Roi q'ore est si bien des Chasteaux Villes Terres Tenements Baillez Gardes Marriages Eschetes Releves aussi bien en Gascoigne Irlande come en Engleterre qe plese a notre Seigneur le Roy son Conseil faire examiner par les Rolles
Grants so they exceed not 20 l. per ann 145 For Giles Thorndon Esq as to a Grant of 7 l. per ann for life which he had out of Lands in Ireland 146 For Will. Catesby King's Servant as to 10 l. per ann for life 147 For John Parkes Kings Servant 148 For John Martyn Kings Servant as to 6 d. per diem for his life 149 For George Danyel as to Grants so they exceed not 20 Mark per annum 150 For John Hoghton and other Servants at Arms as to their Patentes 't is to be suppos'd for their Employments 151 For Rob. Wood Clerk as to a Reversion of a Feefarm Rent of 10 l. per ann 152 A Saving for King's Hall in Cambridg as to a piece of wast ground and Conduit granted 153 For Tho. Smith as to his Office and Sallary of 4 Pence per diem 154 For Will. Burton Queens Servant as to 100 Shill per ann for his life 155 For Thomas Derlyng and John Moor Serjant at Arms as to their Fees 156 A full Saving for the Colledges founded by the King in Cambridg and at Eaton 157 This Saving relates to the same Colleges 158 For Will. Bradford and Thomas Kendal Kings Officers as to their Fees 159 For Tho. Merton as to 100 Shillings per ann 160 For the Dutches of Somerset as to part of her Dower 161 For John Pulloo as to his Office and Fee 162 For Coney ap Rice the same 163 For the Lady Roos Widdow as to 60 l. per ann for life 164 Provided also that noon exception made by us upon the Resumption in this present Parliament of any Possessions extend to oney Londs Tenements Fees Offices Fermes or any other thing in Caleys or in the Marches thereof 165 A Saving for Robert Tanfeld as to 20 Mark per Annum for his life out of the Hamper 166 For John Somerset Gentleman 167 For Sir Edmond Hampden Queen's Carver as to some Herbage in a Park which did not exceed 50 Shillings per Annum and as to an Annuity of 20 l. per Annum 168 For Tho. Parker Esq as to his Grants not exceeding 24 l. per Ann. for Life 169 For Tho. Pope 170 For Tho. Bird Serjeant at Arms as to his Wages and Cloathing 171 For John Daindesey King's Servant 172 For John Skelton as to Two Annuities one of 20 l. another of 10 Mark for his Life 173 For John Faceby Serjeant at Arms as to his Office and Sallary 174 A Saving to the Town of Beaumaris as to 20 l. per Ann. granted for its Walling 175 For Walter Bright Serjeant at Arms as to his Office Cloathing and Wages 176 For Johanna Astley the King's Nurse as to Two Annuities for her Life amounting in the Whole to 50 l. per Ann. 177 A Saving to the City of Chester as to a Release granted to 'em for 50 Years of 50 l. per Ann. part of their Fee-farm Rent 178 For Sir John Fortescue 179 To Thomas Brown as to 12 l. per Ann. for his Life 180 For Henry Abyndon Clerk of Eaton College as to 8 l. per Ann. 181 For Henry Vavousor for some Grants which are express'd 182 For Tho. Derwent Serjeant at Arms as to his Office and Fee of 12 d. per Diem 183 A particular and then a general Saving for King's Hall in Cambridge 184 A Saving for the Abbot and Covent of St. Albans as to Franchises and Liberties 185 For Tho. Thorp as to his Grants but 10 l. per Ann. Fee-farm Rent the King resumes The Reader may observe from this Record 1 st That the Crown was become indebted to the Subjects in the Sum of 372000 l. 2 dly That the Crown-Revenue which in the Reign of Henry the Fifth was 56966 l. became reduc'd to 5000 l. per Annum so much had the Crown been robb'd and pillag'd during the Minority of this Religious but weak and unfortunate Prince 3 dly That the House of Commons thought it reasonable to relieve the King's Necessities out of his own and by an Act of Resumption rather than to charge the People with new Duties and Impositions 4 thly That the House of Commons thought it reasonable to make the Act so general that they inserted only Sixteen Reservations or Saving for others so much did they consult the Publick more than any private Interest 5 thly That the Commons desire the King to appropriate to the Expence of his Houshold the Lands so resum'd 6 thly That the King when he gave the Royal Assent to this Act reserv'd to himself the Power of putting in Writing while the Parliament sate certain Moderations and Restrictions to the said Act and the King in the said Assent excepts all Grants made as to Calais and Ireland The Writer of these Papers thought his Labour would not be unprofitably spent to give an Abstract of the Restrictions and Moderations which the King's Council believ'd at that time necessary in an Act which was to be so very general and extensive In these Savings which are in Number 185 the Reader has before his Eyes a perfect Image of the Gravity Care Exactness and Frugality of that Age. Most of the said Savings relate to Patents for Employments or for Lands rather restor'd than granted or for some Liberties and Franchises or for Lands given to Religious Uses all which were affected by the Act. In some of the Proviso's the Value of the Grant is mention'd and in others omitted but the general Exactness which runs through the Whole is a Mark that where the Value is not express'd 't was notoriously inconsiderable In many of the Savings there is something left and something taken away The Reader may likewise note That most of the Grants of that Age were only for Life Note In this Writing of Restrictions the King receeds from the Exception he made as to Calais when he gave the Royal Assent As in Saving 164. Note That the Great Earl of Shrewsbury who had done so many Heroick Actions and had so valiantly fought for the Honour of his Country had but 100 l. per Annum Pension for his Life and some Lands in Ireland then of no value the said Earl having had no other Recompence for his long Services which Moderation of his is a Reproach to the Avarice of the present Times vide Saving 26. Anno 29. Hen. 6. There was another Resumption made The Preamble agrees almost Word for Word with the fore-mention'd Act but the Acts differ when we come to the following Paragraph Rot. Parl. 29 H. 6. N o 17. And that all Lettres Patentes by you made in or of any of the Promisses to any persone or Persones of the which any Recoverer hath been hadde ayents the said Patentees or any other by Covin or Collusion that as well the Recoverer thereof as the Letters Patentes be void and of noon effecte And over that like it youre Highnesse to take resume seise and reteign in youre said Handes and Possession all Manner of Libertees Privileges
to his owne Use and Behove the 29th Day of December the 29th Yere of the pretended Reigne of the seid Henry the Sixt And that the Kyng from the seyd Fest of Seynt Thomas have hold and enjoye all the same Honours Castles Manoirs Londes Tenementes Rentes Annuitees in and of like Estate and Condition as his seid Fader had theym the seid 29th day and passed from the Kyng to eny Persone or Persones under eny of his Seales in Fee-simple Fee-taille terme of Lyfe or term of Yeres Also that all Yeftes Grauntes Releses and Demyses made by the Kyng the seid fourth day of Marche or eny tyme sith to eny Persone or Persones of or in eny of the Premisses in Fee-simple Fee-taille terme of Lyfe or terme of Yeres or otherwyse under eny of his Seales be from the seid Fest of Seynt Thomas voide and of noo force nor effecte And also by the seid Advyse Assent and Auctorite it is ordeyned and stablished That such lawfull Right Title Clayme and Interest be saved and had to every Persone or Persones and every theyr Heyres other than such Persones now beyng atteynted of Treason and theyr Heyres clayming in by theym or eny of theym so atteynte myght or shuld have had in eny of the Premisses yf this Acte had not be made otherwyse then by the Kyngs Graunte or eny his Lettres Patentes or Auctorite of Parlement What follows being join'd with this Act and showing the Wisdom and Frugality of those Times and the Methods they took to put the King out of Debt we thought it would not be foreign to our present Matter to insert it Ibid. N. 7. Also in this Parlement begun and holden c. Grete multitude of Assignments as well by Letters Patentes of the Kyng Tailles Debentours and other Bills levyed and rerèd at the Receipte of his Exchequer or otherwyse as by Billes undre the Seale or Seals beyng in the same Receite ordeyned for Assignations to be made upon the Possessions of the Duchie of Lancastre Wales Duchie of Yorke and Erldome of Marche as well for the Kyngs Household and Wardrobe and for his Werkes as for many and divers Somes of Money in tymes of divers Persones late Tresorers of Englond sith the first day of the Kyngs Reigne dyversly have be made grete part of the which Assignations by Bill and otherwyse inordenately and without grounde of Duete have be had and made as it is understond It is therefore ordeyned by thadvyse and Assent of the Lordes Spirituels and Temporels and the Commons in the same Parlelement the seid sixt day of October in the seid Thirteenth Yere assembled and by Auctorite of the same That before the Fifteeneth of Ester next now to come open Proclamation be made within every Shire of the Reame in every Markette-Towne within the same Shire by the Shiref or Shirefs of the same Shyre or Shyres for the tyme beyng And that every Shiref duely make the Proclamation in that partie and the Writ thereof serve and retorne at the day of the Retorne of the same upon the Payne to forfaite at every defaute to the Kyng one hundred pounds That every Person or Persones having eny Patente Taille or Bille made rered or assigned before the first day of Decembre in the Tenth Yere of his seid Reigne for eny Some or Somes of Money conteyned or specefied in eny of the same appere before the Barons of the Kyngs Exchequer at Westminster in his proper Persone or by his Atourny or Servaunt having suffisant Auctorite of hym afore the fifteeneth of Ester which shall be in the Yere of our Lord 1475 there to shewe and prove that the Somes of Money conteyned and specifyed in his or their Patent Taille or Bille was by or upon eny true grounde or cause due by the Kyng at the tyme of the makyng rearyng or assignment of the seid Patent Taille or Bille made reared or assigned to to the same Persone or Persones named in the same Patent Taille or Bille for the Kyngs House for the Kyngs Chambre his Wardrobe his Werks or Money to hym lent for the Victualler of of Calleys or eny of theym or for eny other Cause that the same Barons upon due prove by they re Discretions had and made of eny Some and Somes in such Taille or Bille to be due by the Kyng and at the tyme of the seid prove made not paid have auctorite and power by this Acte to certifye into the Receipte of the Kyngs Exchequer of the Some and Somes so proved due and of the Name or Names of the Persone or Persons to whom the seid Some or Somes so shall be proved to be due And therupon by this Acte the Tresorer and Chamberleyns of the Kyngs Receipt for the tyme beyng dyvydyng severally the seid Debte into twenty partes by even Portions without delay or denyer at the Kyngs proper Cost and Charge rere there make and delivre twenty Tailles or Billes accordyng payable Yerely iche after other within twenty Yeres then next ensueyng to have and reteyne in such Place or Places and under such Forme as the Treasorer of Englond for the tyme being with the reasonable agreement of the seid Persone or Persones to whom such duetee shall be proved due shall be thought reasonable And as for such Duetees as shall be found due to eny of the seid Persones afore the seid Barons by reson of eny such Letters Patentes that the seid Barons shall certifie such duetees as they shall fynde due by eny such Letters Patentes made under the Kyngs grete Seale to the Chaunceller of Englond for the time beyng And such Duetees as shall be founde due to eny Persone before the seid Barons by reson of eny of the Kyngs Letters Patentes made undre the Seal of his Duehie of Lancastre to the Chaunceller of the same Duchie for the tyme beyng And then that every of the seid Chauncellers for such Somes so to theym certified do make at the Kyngs Cost and Charge to such Persones as such Duetees shall be fonnd due to Letters Patentes to receyve have or reteyne such Somes of Money as shall be to theym certyfyed and to be had received or reteyned Yerely within twenty Yeres next ensueyng the date of the seid Letters Patentes rately as is aforeseid in such place or places ground or grounds as the same Persones afore this Acte were assigned or lymytted And that the seid Tailles Billes and Letters Patentes serverally to be rered and made be and stond good and effectuel in Law and preferred in payment before eny other payment by Patent Taille or Bille or eny other Assignment or Cause rered made or had after the rering of the seid Tailles And that all the seid Lettres Patentes Tailles Billes and every of theym not shewed afore the seid Fifteeneth before the seid Barons be voide and the Kyng thereof acquite and discharged And also that all Lettres Patentes Tailles Bills and every of theym shewed afore the seid Barons and
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
de vivre morir ovesqe lui encountre touts Gentz ceo par le Tresor qe il purchace de jour en jour enseignurant surlestate le Roy de la Corone en destruction du Roi du Peuple especialment enloignant le cuer le Seignour de ces liges Gentz en despisant lours Counseils nient soeffrant bons Ministers faire ley de Terre en ostant les bons Ministers mettant ceux de sa Covine ausi biens Aliens come autres qi a sa volunt a son commandment offendent droit et ley de Terre en parnant Terres Tenements et Baillies du Roi a lui et a ses Heires Et ad fait qe le Roi ad done Terres Tenements de sa Corone as divers Gentz a grand damage et decrese de l Estate le Roi et de sa Corone Et ceo ausi bien puis l ordeinement qe le Roi granta as Ordeinours de faire au profit de li et de son People come devant encountre l ordeinement des Ordeinours Et maintient Robbeours Homicides et les fait avoir le chartre le Roi de Peez en donant hardement a mesfeseurs de pis faire et menant le Roi en Terre de Guerre sauz commun assent de son Barnage en peril de son Corps et en destruction du Roialme Et en fesant sealer blanches Chartres desoutz le Grand Seal le Roi en deceit et desheritance du Roy et de sa Corone et encontre son Homage et felonesement fauxment et treterousment ad fait les choses susdites a grand dishonour et damage du Roi et desheritison de la Corone et a destruction du People in moults maners Et ovesqe ceo nous eantz regard a lez faits le tresnable Roi Pere le Roi qore est par qi Agard lavant dit Pieres forsjura le Roialme d Engleterre et voleit qe nostre Seignour le Roi son Fitz forjurast a touz jours la Campaigne de lui et qi puis par comun assent de tout le Roialme et du Roi et de lui mesmes les Prelatz Counts et Barouns autrefoitz estoit agardez de meisme le Roialme voider et voida et qe son retorner nestoit unqes par comun assent mes solement par assent des ascuns persons qi souz Condition si bien se portast apres son retourner a ce se assentirent Et ore certainement est troves son mal port pur qeuâ—port et pur Les grandes mauvaisetees Susdites et pur plusors autres qe purront aveiner a nostre Seignour le Roi et a son People et pur bon accord nurrer entre le Roi et ses Gentz et moltes maniers de discordes et perils eschuire Nous ordeinous par vertue de la Commission nostre Seignour le Roi a nous grantee qe Pieres de Gaveston come apiert Enemy le Roy et de son People soit de tout exiles auxi bien hors de Roialme d Engleterre d Escoce d Irland et de Galles come de â—oâ—e la Seignourie nostre Seignour le Roy auxi bien dela la mere come de cea a touz jourz sans james returner et qil voide le Roailme d Engleterre et totes les Terres susdites et tout outriment la Seignourie nostre Seignour le Roi entre ci et la Fest de toutz Seintz prochein avenir Et luy donons Port a Dover en la forme susdite et nuelle parte aillours a passer et a voider Et si le dit Pieres demoerge en le Roialme d Engleterre ou uuelle parte aillours en la Seignourie nostre Seignour le Roi outre la dit jour qe done luy est de voider et de passer come est susdite Adunqe soit fait de luy come del Enemy du Roi et du Roialme et de son People Et qe touz ceux qi desormes voant encontre cest ordeinement en droit du dit Exile ove le peine qe sensuit soit fait de eux solone ceo qe y appent si de ceo soint atteintz Pieres Gaveston at first was a Man only in the King's Pleasures but as weak Princes often remove Men from their Pleasures into their Business so Gaveston became presently a Minister of State For the Records show that he was Guardian and Lieutenant of the Kingdom in the King's Absence with very immoderate Powers and afterwards he was constituted * Pat. 1. Ed. 2. m. 3. Lieutenant of Ireland but the extravagant Honours and Favours conferr'd upon him and the Lands he got from the King drew as all our Historians witness the Indignation of the Parliament upon him †Walsing p. 99. Tho. Walsingham says that the Barons Librato utrobique Periculo inveniunt quod vivente Petro esse non poterit Pax in Regno nec Rex abundare Thesauro And so they never rested till he was banish'd the Kingdom * 5 Edw. 2. Rot. Parl. Nu. 22. In the same Parliament Henry de Beaumont was likewise accus'd for that to the damage and dishonour of the King he had receiv'd the Kingdom of Man which the Lords whom the King had consented should be of his standing Council thought fit should remain to the Crown And for that he had procur'd from the King to himself other Rents Lands Franchises and Offices And for that he had procur'd for others the Grants of Lands Rents Tenements Franchises and Offices And for that he had given evil Council to the King contrary to his Oath For all which the Judgment upon him was That he should be outed the King's Council for ever and not come near the King's Person unless he were summon'd to Parliament or call'd upon to attend the King in his Wars Or unless it were by common Assent of Archbishops Bishops Earls and Barons in full Parliament and that all his other Lands should be seiz'd into the King's Hands until the King should be satisfy'd the full value of what he had receiv'd from those Lands so granted to him by the King It seems likewise that in this Reign the Ladies were Begging and Intreaguing at Court For the Lady Vescey was * Rot. ibid. Nu. 23. accus'd for having prevail'd upon the King to give Sir Henry Beaumont her Brother and to others Lands Franchises and Offices to the Damage and Dishonour of the King for which she was order'd to repair to her own House without ever returning to Court to make stay there 'T is true as we have noted before the King got this whole Act repeal'd at the Parliament held at York 15 Edw. 2. but it was just after he had made a War upon his People and put to Death the * Tho. Walsing p. 116. Earl of Lancaster of the Blood Royal and Eleven or Twelve of the other Peers of
in it if you will take in all the Grants since the Restoration of King Charles the Second But few are so short sighted as not to see into this Artifice such as are for making their Resumption so large desire none at all and would engage a great many different Titles to oppose it If it could possibly consist with the Rules of Justice if to do so would not produce unspeakable Disorders if it would not utterly ruin a great number of Families no doubt the Publick labouring under so many Debts and Difficulties such a general Resumption would be advisable all which are strong Objections to the making it so extensive To which may be answer'd that the same Inconveniences will happen by resuming the Irish Forfeitures we shall therefore try to shew how the Cases differ But to clear these Points we must repeat some things that have been laid down in the foregoing part of this Discourse That the Kings of this Realm have always prescribed a Power of alienating the Crown-Revenue by their Great Seals That it would not have been convenient in the beginning of this Constitution to have bound up the Prince's Hands from all kind of Alienations for then by Forfeitures and Attainders in process of time the King would have been Lord of the whole Soil That however Parliments by Petitions Bills or Acts of Resumption have all along laid in a claim of the People's Interest in this Revenue especially when the Grants were become exorbitant That the Wasts committed upon the Crown-Revenue produced at last viz. 11. Hen. 4. a positive Law porhibiting these sort of Alienations That the force of the Law was evaded by Clauses of non obstante incerted in the Letters Patents That these Clauses seem condemn'd by the late Act for declaring the Rights and Liberties of the Subjects When King Charles the 2d came in the Doctrine of the Court was sow a little that you may reap much and they who were then intrusted with the Nation 's Purse were themselves for diving into the Princes Pocket And at the same time the Doctrine of Westminster Hall was to advance the Prerogative as high as possible thus the King was perswaded to give away the greatest part of his Crown Lands and by the Proceedings of Westminster Hall the People were encouraged to think such Grants were good in Law the Courtier begg'd and the Citizen bought so that immediately he was in a manner divested of all and yet they who had suffer'd for him and his Father were few of 'em the better for all this immoderate Bounty These Liberalities of his were not bestow'd as the Recompence of antient Merit but were often the Price of Treachery and the Rewards of Vice And as Cyrus observ'd that in Camps the most worthless Souldiers are the busiest to get Plunder so the same thing may be said of a Court expos'd to Spoil the worst Men in it are the most ravenous and generally make the best Advantages The Observation we have now made did apparently hold true as to King Charles's Court however ill-gotten Goods seldom thrive and very little of what was thus obtain'd remains with the first Possessors but is now dispers'd into a Multitude of Hands Though what he did was so prejudicial to the Crown yet such was then the flourishing Condition of our Affairs that we could bear a great deal of ill Management Besides some were glad enough to see a young Prince necessitated to depend upon his People who was apprehended to meditate arbitrary Power But whatever govern'd the Councels of those times certain it is that there was no actual Bar put in the Way of his destructive Bounty 'T is true as we have noted in the third Section 't was complain'd of but all ended in an Address which had very little in it of the Spirit which our Ancestors had shewn upon the like Occasions Leave was given at the beginning of that Reign to bring in a Bill of Resumption A Bill was twice read to regulate and restrain such Alienations and an Address was thereupon made but no consequence following upon all this the People of England had reason to believe that the Parliament acquiesced in what was done at Court The matter did not only Sleep then but was not as we can find afterwards reviv'd and for many Years it was hardly mention'd in the House of Commons insomuch that Estates though so newly deriv'd from the Crown came in a short space of Time to bear almost an equal value with any other sort of Land But if as in ancient times such a Proceeding of the Court had been complain'd of from Sessions to Sessions if as heretofore the Ministers that procured the Grants had been impeach'd if Bills of Resumption had been frequently offer'd though rejected such Motions would have been some Warning to the Nation the Purchasers would have look'd about 'em every Man must have known the Hazzard he was to undergo and he can only accuse himself who will run into it when before hand he is acquainted with the Danger But the Legislative Authority continuing so long silent in the matter and the Lawyers of those times making no Objection to Titles of this Sort depending upon their Ex certa Scientia mero Mortu Gratia speciali and yet more upon their Clauses of non obstante the People were induced to think they might as safely make these as any other Sort of Purchases Hence it was that what belong'd to the Crown but so lately came to be a matter of Publick Traffick among the People insomuch that the whole Fortune of very many Families is therein embark'd What Cato said is indeed true if rightly distinguish'd that there ought to be no praescription against the Publick Plut. vit Cat. Neâ— Mortales contra Deum immortalem nec privatos contra Rempublicam praescribere posse This holds without doubt when private Men get fraudulently or by Force into Possession of what belongs to the Publick and at the beginning were Possessores mala Fide which length of time ought not to purge But in a mixt Government if one Part of the State suffers the other Part to alienate what the whole have an Interest in and if the said Part had power and Opportunity to make an Opposition and yet made none it implies such a Consent as according to the Law of Nations and the Rules of Justice ought to indemnifie to all Intents and Purposes the Possessor bona fide and the Purchaser upon a valuable Consideration Grotius Dc Jure Belli ac Pacis l. 2. Cap. 6. n. 10. speaking upon Alienations says * Inconsulto vero Populo Rex id non potest si maneamus inter terminos naturales quia juris temporarii quale est Regnum electorum aut lege succedentium ad Imperium effectus nisi temporarii esse non possunt potuit tamen Populi ut expressus consensus ita tacitus consuetudine introductus qualem nunc passim vigere cernimus id