supportation del Houstiel Chambre Garderobe suis ditz devant ascun doun ou Grant fait al contraire dicelle en descharges de nostre dit Seignour le Roy de son Roialme 〈◊〉 temps avenir Et si ascune manerâ— de Persone de qel Estate ou Condition 〈◊〉 soit eit ou resceive en temps a venir de doun ou de Grante nostre dit Seignour le Roy ou de ses Heirs Roys Dengleterre ascunes des Revenues dessuis nommez a contraire de cest Petition qe le avantdit doun ou Grant soient outrement voidez come nulles tenus le Roy respondu en son Escheqer des Issues en le mesme temps dycelle provenantz en temps ensuant a provenir per issint qe le Chancelier Dengleterre qi pur le temps sera soit tenus a certifier en l Eschequer nostre dit Seignour le Roy des douns Grants avant dits a tant de foits come il besoigne Resp Le Roy voet qe touts les Chastelx Manoirs Honours Seignouries Villes Terres Tenements Franchises Reversions Libertees Forrests Fees Advoesons and Eschetes Forfeitures Gardes Marriages ou autres Revenues qeconqes ove lour Appurtenances Forpris Offices Baillies qi escheiront de ce en avant es mains nostre Seignour le Roy ne soient en nul manere donnez ne grantez a ascune Persone sil ne soit al oeps profit nostre dit Seignour le Roy pur la Sustenance de son Hostiel Chambre Garderobe Et si ascune manere persone de qel Estate ou Condition qil soit eit ou resceivre dycest 26. Jour de Avril en temps avenir ascun tiel doun ou Grant au contraire de cest ordeinance qe le avant dit doun Grant soient outrement voidez tenus pur nul forpris que Recompensation soit fait au Reigne solonc la tenure de ses Lettres Patents Et forpris les Fitz de Roy Et auxint forpris qe recompensation soit fait a Duc d Everwick a Seignour de Grey solonc la Fourme de lour lettres Patentes There was no full and direct Resumption during the Reign of Henry the V. * Rot. Par. 1 Hen. V. N â— 40. except of Lands given away in the Marches of Calais by which it appears that the Care taken in the former Parliaments had somewhat fenc'd the King's Revenues against the Rapine of the Favourites and Great Men But tho' there was no Resumption yet iâ— was Enacted 1 H. 5th That the King should have 10,000 l. per Ann. out of thâ— Annuities and Pensions formerly granted which was no inconsiderable Summ iâ— those days since the whole Revenue oâ— the * Cot. 〈◊〉 p. 156. Crown when he undertook the Conquest of France amounted to but L. 56 96â— per Annum * Rot. Parl. 1 Hen. V. N o. 12. Item accordez est assentuz per â— Roy les Seignours a la reqest dâ— Communes en Parlement qe sur les Paiâ—ments afaires de les Annuitees Grantâ— as diverses Persons per les lettres Paâ—eâ—tes des Roys mesme nostre Seignour 〈◊〉 Roy pur Sustenance Supportation dâ— son honourable Estate de les Grandes Charges Costages despenses dâ— son Houstiel Chambre Garderobe soit preferez de dix milles livres annuellement yeelle preferement accompliâ— soient les Persones dessuisdits paiez dâ— lour dites Annuitees solonc les Fourmâ— effect de lour letters Patentes a eux enâ— faits Purveus toutes fois qe les Seignours autres Persones qont lours Annuitees enheritabâ—ement soient paiez demesme lour Annuitees solonc la fourme effect de lour Chartre Lettres Patents ent faits non obstant le preferement avant dit Anno 28 Hen. 6. * Rot. Parl. 28 Hen. VI. N o 53. Prayen the Commons in this youre present Parlement Assembled to consider that where youre Chanceller of youre Reaume of Englond youre Tresorer of Englond and many of the Lords of youre Counseill by youre high Commandement to youre said Commons atte youre Parliament holden last atte Westminster shewed and declared the State of this youre Reaume which was that ye were endetted in CCCLXXII M. li. which is grete and grevouse and that youre Livelode in yerely value was but V. M. li. And for as moche as this V M. li. to youre high and notable Estate to be kept and to paie youre said dettes woll noght suffice Therefore that youre high Estate might be releved And furthermore it was declared that youre Expenses Necessaries to youre Houshould withouten all other ordinarie Charges came to 24000 li. yerely the which exceedeth every Yere in expenses necessarie over youre Livelode 19000 li. Also please it your Highness to consider that the Commons of youre said Reaume been as well willed to their pore power to releving of youre Highness as ever were Peple to ony Kyng of youre Progenitours that ever reigned in youre said Reaume of Englond but youre said Commons been so empoverished what by taking of Vitaile to youre Household and other things in 〈◊〉 said Reaume and noght paied fore And the Quinszisme by youre said Commons afore this tyme so often graunted and by the Graunt of Tonnage and Poundage and by the Graunt of the Subsidie upon the Wolles and other Grauntes to youre Highness And 〈◊〉 lakke of Execution of Justice that youre pore Commons been full nyght destroâ—ed And if it shuld continue lenger in such grete Charge it cowde noght in oney wyse be hade or borne Wherefore please it youre Highnesse the premises graciously to consider And that ye by the advyce of youre Lordes Spirituels and Temporels by auctorite of this youre present Parlement for the Conservacion of youre high Estate and in comfort and ease of youre pore Commons wold take resume seise and reteine in handes and possession all Honours Castelles Lordshippes Townes Towneshipps Mannours Londs Tenementes Wastes Rentes Reversions Fees Feefermes and Services with all their Appurtenances in Englonde Wales and in the Marches thereof Irlonde Guysnes Caleys and inthe Marches thereof the which ye hafe graunted by youre Lettres Patentes or otherwyse sythe the first day of youre Reigne and all Honours Castelles Lordshippes Townes Towneshipps Mannours Londs Tenements Wastes Rentes Reversions Fees Feefermes and Services with all their Appurtenances the which were of the Dutchie of Lancastre and pass'd from you by youre Graunte or Grauntes And ye to have hold and receive all the Premisses in and of like Estate os ye hadde them atte the tyme of such Grauntes made by you of theim And that all Lettres Pattentes or Grauntes by you or by oney other Persone or Persones atte youre requeste or desire made to oney Persone or Persones of the Premisses or of oney of theim in that that to oney of the Premisses be be void and of noo force And over that that all manner of Graunts of
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
IV. They pray to have leave to quit their Employments a Modesty and Self-Denyal not very common in this Age and that their Accompts might be pass'd upon which the House of Commons directed Persons to audit and state the said Accompts The Record is very curious we shall therefore give it in Words at length * Rot. Parl. 7 8 Hen. 4. Nu. 44. Item mesme le Jour le dit Mr. John Tibetot then Speaker monstra de par les ditz Communes coment au Parlement nadgaires tenuz a Coventre Thomas sire de Furnival Mr. John Pelham furent assignez Tresorers pur les Guerres Come pierd de Record en Rolle de Parlement puis qel Temps les ditz Tresorers ont desirez molt diligeamment pursâ—is as diverses foits a nostre Seigneur le Roy as toutes les Estates de ceste present Parlement de estre deschargez de lour dit Office auxint ont suppliez as dits Communes qe leur pleust de faire instance request pur mesme les Tresorers a mesme nostre Seigneur le Roy as touts les Estates suisdits pur eux finalement outrement deschargier de lour dit Office Sur quoy pria le dit Mr. John Tibetot en nom des dits Comunez a mesme nostre Seigneur le Roy qe les dits Tresorers soient outrement finalement deschargiez de lour dit Office Et qe leurs Heirs Executours ne Terre Tenants ne soient aucunement en temps avenir grievez molestez enquietez ou pur le exercice de ycelle qe cestes prier reqest soient endrez de Record en Rolle de Parlement Qeux prier reqest nostre dit Seigneur le Roy graceousement ottroia purtant qil ad pleu a nostre dit Seigneur le Roy qe les dits Tresorers soint deschargiez de lour dit Office de assigner certains Auditours cest assavoir le Seignour de Roos le chief Baron de le Escheqer qil est la volonte du Roy a ceo qe les dits Comunez ont entenduz qe mesmes les comunez deussent nomer autres Auditours doier terminer les Accompts des dits Tresorrers du temps passe Mesme yceux Comunes ont nomez certains Persones comprises en une cedule delivre per les dits Comunes en Parlement tielx come leur semble necessaires en ceo cas pur le poure estat de les Comunes dessuis dits Cestassavoir Mr. Hugh Lutherel Mr. Richard Redeman Lawrance Drewe Thomas Shelrey David Holbeche William Staundon Cinq Qatre Trois ou Deux de Eux Furnivale and Sir John Pelham for so he is call'd afterwards were as the * Rot. ibid Num. 63. Record says Ordeignez Tresoreres de les Guerres or what we call Paymasters of the Army and press'd the Parliament to take their Accompts An Example which we hope all their Successors in that Employment will desire to follow The Powers likewise which the Parliament gave to these Commissioners are fit to be observ'd Qe pleise a vostre tres gracieuse Seignourie de ordeigner qe les dits Auditours ensi nomez soint Auditours de Record eiants plein poair authoritie du Parlement de Oier Terminer le dit Accompte de faire Allowance as avant dits Tresorers si bien de les Paiments delivrances par eux faits per vertue authorite des vos Lettres Mandements dessous vostre Seale a eux directs pur les causes suisdits sur les Dependantz dycelle Come de les Paiments Delivrances per mesmes leâ— Tresorers per Authorite de lour dit Office faits pur semblable Causes les Dependants dycelle That is Power was given not only to inspect but finally to conclude the said Accompt To which the King assented And it seems our Ancestors thought such a Commission necessary to hinder the Publick Mony from being embeâ—zel'd 5. Parliaments have preserv'd the King's Revenue by inquiring into the Cause why some Branches yielded nothing as in Edw. 3d's Reign it was ask'd Why Ireland was rather a Burtheâ— than a Profit to the Crown The Commons desiring if the Fault lay in the Ministers that they may be remov'd * Rot. Parl. 21 Edw. 3. Num. 41. Item pleise a nostre Seignour le Roy fairâ— enqerer per bons Gents la Cause purqoi il 〈◊〉 prent profit de ce qil ad in Irland come toâ—â— ses Ancestres avoint Aide de luy de lâ— Comune pur meyntenir sa guerre depuis qiâ— ad plus en Irland qe uulle de ses Ancestres navoint si defaute soit trove en ses Ministres laundreit qe autrez y soient ordeignez en lour lieu tieux qi voudreut respondrâ— aâ— Roy du Profit qil averoit dilloqes de reson Resp Il plest a nostre Seignour le Roy qe ensi soit These were some of the Methods by which the House of Commons endeavour'd to preserve the Crown-Revenue from the greedy Hands of those who were always desiring therewith to inrich themselves But the Kings greatest Safety lay in the very Constitution of the Exchequer which if bad Ministers had not broken into our former Princes could not have been robb'd so much to the Impoverishment of the People The Constitution of the Exchequer we may rather call it the Constitution of the Kingdom has contriv'd to put a great many Letts and Obstructions in the way of designing Favourites and rapacious Followers of the Court and that no Grant should pass from the King but upon strict Inquiry and after mature Deliberation In order to which the State thought it necessary to be at the Expence of several Great Officers who should be as so many Centinels continually watching that the King may not be surprized nor defrauded Regularly and according to the Laws of the Land Grants from the Crown ought to make the following Steps The Petition is first made to the King in which as we have noted before the Petitioner ought to incert the true and express Value of the Thing demanded The King refers this Petition to the Treasurer of the Exchequer now call'd Lord High Treasurer of England whose first Step is to have a Particular of the Thing petition'd for from the Auditor if it lies before him or from the King's Remembrancer if it lies before him This Care is taken that the State may not be deceiv'd in the value of the Thing The Petition is first referr'd to this High Officer because the Law presumes that the whole State and Condition of the Revenue lies before him that he knows what Debts and Engagements the King has upon him and whither the Expences of his Wars and the other necessary Charges of his Government are not such as for the Peoples Ease and by the Rules of Justice ought for the present to restrain his Bounty If the Thing to be granted be of great
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