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
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
A DISCOURSE UPON Grants and Resumptions Showing How our ANCESTORS Have Proceeded with such MINISTERS As have Procured to Themselves GRANTS OF THE Crown-Revenue And that the Forfeited ESTATES Ought to be Applied towards the Payment of the Publick DEBTS By the AUTHOR of The Essay on Ways and Means Apud Sapientes cassa habebantur quae neque dari neque accipi salvà Republicâ poterant Tacit. Hist Lib. III. LONDON Printed for JAMES KNAPTON at the Crown in St. Paul's Church-yard 1700. INDEX SECTION I. INTRODUCTION ALL Governments wisely Constituted have set a aside a Proportion of their Wealth for Publick Vses Page 1 In the Kingships settled by the Goths Hunns and Vandals the Conquer'd Country was divided 3 Good Princes have always reckoned their Revenues as belonging to the Publick ibid. Thrift in the Publick necessary because indigent Princes have seldom been known to compass great Things 5 Profusion in a Court destroys all sort of Order 6 Kings reduc'd to Streights ever involv'd in dark and mean Intreagues ibid. Wise Ones therefore have retreated as soon as possible from so dangerous a Step 8 But in Case of Negligence how the Wisdom of the Laws have provided for them 9 By inflicting severe Punishments on such as deceive him ibid. Especially on such who break their Trust ibid. And by Resumptions 10 However 't is always difficult to keep the Prince from being Robb'd ibid. The People repine not to see a Prince conser his Favours upon deserving Men if with Moderation 11 Those who Rob him try to be safe by their Numbers 13 But yet they have been reach'd ibid. How Male-Administration sometimes gets Footing but is afterwards corrected Page 14 Our Happiness under a stout and wise Prince 17 The present Disorders to be attributed to the Corruptions of the Times 20 The King's Character with a Description of his Actions and Vertues 20 to 24 A Prince who would reform the State must expect to meet with great Difficulties 25 What Artifices such as are guilty will use 26 What they will alledge in their Defence 28 The false Colours they will endeavour to give to their Actions and Councils 31 They will poison the Prince's Ear with false Whispers and misrepresent to him his best Friends 33 Whither 't is Politick to nourish Factions in a Court 34 Why some People in certain Junctures withdraw from publick Employments 38 How all the ablest Men may be induc'd to embrace the Service of the Government 39 A Prince who will correct Abuses seldom wants Assistance 40 The Author's Reason and Inducements to handle this Matter of the Grants 42 The Method he intends to observe in discoursing upon this Subject 43 44 SECT II. OBSERVATIONS on the Management of the Romans in their Publick Revenues VAlerius Publicola first lodg'd the publick Money of Rome in the Temple of Saturn Page 46 As the Empire extended the Romans more sollicitous to gather a publick Stock This done that they might not burthen the Plebears 47 The exact Fidelity of their Commanders in bringing the Spoils gain'd by War into the Common Treasury ibid. Till some time after the last Punick War none thought of growing Rich by Spoils gotten in the War 48 They who did it were Men who hatch'd wicked Designs against their Country ibid. The Romans made every War bear it's own Charges 49 Instances of great Sums from Time to Time brought into the Common Treasury 49 to 52 No Empire strong enough to carry on a long War singly upon it's own Revenues 53 The immense Treasure gather'd by Augustus and which Tiberius left behind him at his Death 57 All which Caligula consum'd in less than a Year ibid. The Difference the Roman Emperors made in the publick Revenues and the Prince's private Patrimony 58 Profusion in wicked Princes the first Spring of all their other Vices 62 The prodigious Debt into which Rome was plung'd in the Course of Three bad Reigns 63 The Debts of the Empire forc'd Vespasian a good Prince upon dishonourable Courses of raising Money 64 The vast Treasure gather'd and left by Nerva Trajan Adrian and Antoninus Pius 66 Antoninus Pius would not accompt the publick Revenues to be his own ibid. What had been gather'd in Five wise Reigns was wasted by Commodus in less than Thirteen Years ibid. The Profusion of Caracalla 72 A Brief Accompt of the Roman Coin 73 74 Coin the Pulâ—e of a Nation 77 When the Romans began to buy Peace 78 What a Number of Reigns Rome saw in 89 Years 79 When the Goths began to invade the Roman Dominions 80 The Care of Mesitheus chief Minister to the Emperor Gordian 81 Original of the Ruine of the Roman Empire 83 The Division of the Empire one Cause 85 But the principal Cause was that Poverty which the Profusion of their Emperors had brought upon the Provinces 87 SECT III. Of RESUMPTIONS A Brief Accompt of the Original of the English People and of the Ancient Constitution of this Kingdom Page 89 to 96 The Original of the Ancient Tenures in England 98 High Customs and Excises not thought on in the Gothick Establishments 101 These sort of Duties made use of by the Romans and set up again first in Italy ibid. In all the Gothick Settlements the Prince's Revenue consisted in Land 103 In forming this Constitution our Aucestors took Care to make ample Provision for maintaining the King's Crown and Dignity 104 When those Lands and Revenues were parted with which were alotted for his and the States Service Parliaments have seldom fail'd to restore and relieve his Affairs by Acts of Resumption ibid. Of Doom's-Day Book 105 Of the yearly Revenues of William the Norman ibid. The Number of Mannors then belonging to the Crown ibid What was call'd Terra Regis in Doom's-day-Book anciently esteem'd not alienable 106 William Rufus a profuse Prince 107 Henry the First provident he punish'd Ranulphus Bishop of Durham who had been the Minister of his Brother's Extortions and Profusions Resum'd what had been lightly given away by Duke Robert in Normandy ib. An Account of King Stephen He was brought to a Composition with Henry Fitz Empress in which Agreement one Article was That he should resume what Crown-Land he had alienated 108 Which Agreement Henry the Second took care to see put in Execution And he rid the Court of Foreigners calling several of his Officers to an Accompt 109 What an immense Treasure his provident Care had accumulated which was consum'd by Rich. 1st in the Holy Wars Rich. compell'd to resume his own Grants 110 The Money rais'd in England in Two Years of this Reign 112 An Account of King John 113 Henry the Third resumed what had been alienated by King John and at the Instance of the Barons he banished the Foreigners In this loose Reign the Money of England corrupted 114 In the Reign of Edward the First the whole Set of Judges punished and fined for their Corruptions 116 In the Reign of Edward the Second an Ordinance to prevent
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
what was too great to give and much too great to be ask'd 't is with the universal Applause of the People whom this Care relieves from frequent and heavy Taxes There is no Good which may not be expected from the Wisdom and Resolution of the Prince who now fills the Throne When he came over hither he found many of the Chief Rank and Figure overwhelm'd in Publick and Private Vices and in a Country so corrupted 't was difficult to have a virtuous Court They who should have help'd him to mend Things were readier to promote the Disorders by which they might thrive than to set afoot a Frugality under which they could not so well do their own business If they had Preach'd up Thrift as necessary to carry on a long and expensive War with what Face could such a Great Man have begg'd such a parcel of the Crown Lands one a vast sum of Mony another this forfeited Estate One so much Timber out of the Forrest his Friend such a Reversion his Friends Friend such a large Pension And if they had held the Purse close shut up to others they must have blush'd when they were begging so much for themselves All these disorders are to be attributed to the Corruption of the Times and to the necessities thereby introduc'd when Parties were to be gratified when turbulent Spirits who could obstruct affairs were to be quieted and when too many expected to be paid for preserving themselves and their own Country from a foreign Enemy Insomuch that when our Story comes to be read hereafter Posterity will wonder where the Subjects were so craving at Court and in another Place how the Prince could save from such a Number of Spoilers wherewithal to carry on his Wars abroad The Kings admirable Conduct has waded through all these Difficulties He has given as a Peace when the continuance of the War was desired by too many at home as better conducing to their dark designs At his first coming over he sav'd that Religion which our mean Complyance under former Princes had put in danger His prudence kept for ten years a People divided amongst themselves united against the Common Enemy All the Misfortunes in his Reign have been the Result of our proper Corruptions all the Good the Effects of his own Wisdom and his Virtues will at last bear down and master all our Vices He first form'd that League which has preserved the Liberties of Europe He has with a Confederate Army manag'd a long War and brought it to a good Conclusion of which there are but few Examples in History for tho the beginnings of Confederacies have been always vigorous and successful their Progress has been generally feeble and Event unfortunate By his Interest and Power he has made a King of Poland an Elector of Collein and erected a ninth Electorate in the Empire He has restored the Duke of Lorraine and taken the Bridle off from the Heads of the Italian Princes by having been the Cause that Cazal and Pignerol were demollish d. He has procur'd advantageous Terms for all his Allies He has caused fortified Towns and large Provinces to be restor'd which had been couquer'd long before He forced his Potent Neighbour to make the the first Advances towards a Peace which is more than Wise Men when the War began could promise to themselves in their most Sanguine Hopes He made himself be sought to when his Enemies prosper'd and when the Confederate affairs declin'd All which are manifest Proofs that he is as Great in the Cabinet as in the Field And to Crown all his Glories by one Act he has shown his Goodness to humane kind and given a Demonstration that he never desired Power but for the Benefit of others His so cheerfully disbanding the Army at the request of his Parlament is a Proof beyond all Contradiction that he both Loves and Trusts his subjects and that his Noble Mind conscious of no ill is apprehensive of no Danger While Tyrants who inslave their Country are affraid tho inviron'd with Numerous Troops He knew himself to be sufficiently guarded by the Affections of his People Many Princes who have taken up Arms to relieve an oppress'd Nation have made it appear in the course of their Proceedings that they were incited to it by some Ambitious Ends and not alone mov'd by a true desire of that Fame which follows virtuous Deeds and the People they came to redeem have afterwards found that they did no more than change one bad Ruler for another But this Heroick King has follow'd the Pattern of Timoleon the Corinthian who not only rescued the Sicilians from Tyranny but likewise left 'em in full Possession of their Freedoms He has squar'd his Actions by those of T. Quintius Flaminius who when he had subdu'd the Macedonians and reduc'd King Philip to Terms of Peace erected an eternal Trophy to his future Renown when he pronounc'd by the Voice of a Herald That Greece should thence forward be exempt from Taxes Impositions and Garrisons and Free to Govern it self by its own Laws The same Liberties did the King in effect Proclaim for ever to all England when he delivered us from the Expences and which lay more heavily upon us from the Terror of a Standing Army His happy Reign has not only freed our Persons but likewise set our Minds at Liberty which had for many Years been inslav'd by wrong Principles of Vnlimited Obedience due to the unlimited Exercise of Power Notions with which the Schools had poison'd our Youth and which only serv'd to draw the Prince on to Govern amiss but prov'd no security to him when the People were grown weary of ill Government The late Revolution justified by its Necessity and by the Good it has produc'd will be a â—asting Answer to all that foolish Doctrine so that with the other Blessings of this King's Accession to the Throne the very President is not to be accompted among the least Insomuch that what we did at that time not only freed us then but has set Liberty it self upon a better Foot and cur'd us of those blind Errors and dark Mists which our own Luxuries and the Craft of Courtiers had brought upon our Understanding A Prince thus adorn'd fear'd for his Courage admired for his Wisdom and belov'd for the Good he has done his People must certainly be able to surmount the greatest Difficulties 'T is not a Bâ—fflâ—d and dishearten'd Party lingring may be after their former Bondage can give him any Opposition Much less need he apprehend the Mercenary and inconstant Crew of the Hunters after Preferment whose Designs are always seen through who are dispis'd as soon as known and who only lead one another But a King who would reform the State for the general Ease and Benefit of his People must expect to meet with some Difficulties especially if a great many of those about him are Partakers in the Abuses he would correct All sort of Rubbs will be laid in
That these Northern Nations had among 'em the Titles of Peers Pallatins Barons Earls Grantz Graffs Notables Grandees and Dukes And the Persons of prime Rank under these or the like Appellations were a distinct Part or Member of the Body Politick and were to protect those who had come under their Banners and follow'd their Fortune and were vested by the Constitution with eminent Power that they might be a Skreen between the Prince and People But the Labour and Dangers of these Expeditions were to lie upon the Common People by whose hands the Battles were to be fought and no doubt they had not been tempted abroad if they could not have promised themselves a better Condition than what they had at home and if they were to be only Beasts of Burthen to the Great Ones For which Reason by Compact with those whom they follow'd they were likewise to have a certain Share in the future Conquest from whence came That in the Settlements made by these Northern Nations respect was had to the Interest of the People There was reserv'd to 'em their distinct Rights and Privliedges and Part of the Conquer'd Lands were Assign'd to them in which the better Sort had Freeholds and those of inferior Degree held of their Captains Lords and Leaders Their Military Constitution gave likewise Form to their Civil Government Their King as he was Head of the Army in the moving Camp abroad so when they came to settle he was Head of the Common-wealth And as the Principal Officers and Chief Captains had been his Council of War so when they had Peace and Rest they could not be easily perswaded to quit that Share in the Administration of Affairs of which they had tasted in the Field and their Titles and Lands being to descend they became by Virtue of their Tenures his hereditary and standing Council and as in the Field they had wont to advise him in difficult Matters for the common Good of the whole and to lay before him the Necessities and Grievances of their Followers and Dependants so at home it grew their Right to do the same But when these Nations came to fix and mingle with the Natives and when they had made Compacts and Agreements with those Natives this united Body which likewise increas'd in Wealth and Possessions soon became so Considerable as to make it necessary That what was properly call'd the Commons should be a distinct Part of the State and that it should be Represented by Persons and Members chosen from among themselves Thus in all these Northern Establishments there has been what was call'd either the Estates Assemblies the Cortez Diets or Parliaments This was the Original Constitution in most of the Establishments made by these Northern Nations and under this Form of Government they continu'd without any material Change till the Two last Centuries But in process of Time the Soil alters the Nature of Man as much as it does that of Plants warmer Climates did by degrees soften these rough and Warlike People Too much Sun produces that Effeminacy which is the proper Matter for Arbitrary Power to work upon Therefore all the East and Southern World has been Enslav'd while colder Climates seem more tenacious of their Liberties The French were the first who stoop'd to the Yoke of Regal Authority not limited by Laws Spain soon follow'd to whose Kings their Foreign Acquisitions gave more Greatness than consisted with the Freedom of their People At last it grew a Mode among lesser Kingdoms to imitate what had been done in larger Empires So that the Danes and Sweeds were content to make and put on their own Fetters And we in England were desiring to be like the other Nations round about us had not the Virtue and Courage of a Few saved us often very narrowly from the Corruption and Madness of the rest The bad Example of former Kings the Vices of their Courts nor our own Riches have not soften'd and deprav'd us quite and this Island having been planted by the most Warlike of all the Northern Tribes and having still preserved a few of its old Inhabitants who retain somewhat of the antient Britton Courage and this Soil having always bred and nourish'd Men of Heart and Stomach it happens that we still continue Free and that we keep the main Parts of our Original Constitution Antient Conquerors have in the same manner divided their Acquisitions between the Prince his Chief Fellowers and the People but the Tenures or Rights by which these Lands were to be Held seem particular to these Gothick Settlements and with admirable Polity contriv'd to preserve the Links of Protection and Obedience which should hold Prince and People together for 't is Natural for Men to Cherish and Protect their Dependents and as natural to Love and Obey those by whom we are Protected Thus to make all Hold of the King was almost as far as Human Wisdom could go to hinder this chief Landlord from committing Waste in his own and from injuring those by whose Service he was to receive Assistance But this Division of Property would not have quite suffic'd unless there had likewise been made such a Partition of Power as we have mention'd for the Greater would have encroach'd upon and swallow'd up the Less if the Power of each Part of the Constitution had not had certain Boundaries as well as the Fields and Grounds had Landmarks of one kind or other Our Ancient Government having its Foundation in such Tenures as the Goths introduc'd it will be necessary to say something upon that Subject This way of holding Land by certain Services was brought in by the Lombards who descended of the * Groti Prolegom in Hist Goth. Vand. Longobard Gepidae a People thaâ— quitting Scanzia were left upon an Island of the River Vistula where increasing in Numbers they were compell'd to seek new Seats and who after many Rovings and Adventures came at last to fix in Italy What we call Fee and what in modern Latin's call'd †Cujacius â—eud l. 1. Tit. 1. Feudum had its Original from the Kings of Lombardy whose Custom 〈◊〉 was to grant Territories Towns and Citiâ— to their Captains and principal Followers who were to have a kind of Usufructuary Right therein or more properly the Vtilâ— Dominium but of these Lands the Prince reserv'd to himself the direct Dominion 'T is true the Romans had something like 〈◊〉 Lamprid. in Sever. this as the Coloni Glebae adscriptitii And Alexander Severus and after him Constantix distributed Lands upon the Borders to their Soldiers and their Heirs upon Condition of Defence But that which properly constitutes the Feudum viz. The peculiar Oath of Fidelity and Homage was an Institution of the Lombards who did not only assign Lands upon the Limits but distributed whole Countries to be held by Fidelity and Service These Tenures were first at Will afterwards for a Term then they came to descend to one Son afterwards to be an Inheritance
He that held the Fee was oblig'd upon Summons to arm himself and follow his Lord's Banner and to stand by him in all Dangers Besides he was Subject to the Payment of Tributes Aids or Subsidies As the Prince conferr'd these Fees upon great Lords and Barons so these Barons came to confer 'em upon others The Germans had anciently something of the like nature but from Italy they pass'd into France and from France into England And certainly it was a wise Institution To give a new People who were to be continually upon their Guard either against the Natives or Foreigners some Interest in those Lands for whose Defence they were so often to expose their Persons When these Northern Expeditions had Success and that a Country was subdu'd there was assign'd to the Prince or he took to himself part of the Land which he Held in Demesne from which and by the Profits and Strength the Tenures produc'd he maintain'd himself in War and in Peace without laying in Ancient Times any other Burden upon his People And without doubt our Kings were most happy when they liv'd upon this Revenue of the Crown which was neither grievous by its Weight or Novelty What the Prince thus receiv'd came chearfully because the People had good Bargains from the Crown 'T is true they who Held by Military Service were at more Expence in time of War but t was the nature of their Tenure and they bore it nor did a Warlike Race of Men dislike now and then to be in Action And 't is probable our first Princes chose to subsist from a Revenue that would be Paid without murmuring and which they might call their own rather than upon the Manufactures and Trade of their Subjects as was practised by Eastern Kings and the Roman Emperors who were always laying fresh Impositions upon their People which ill suited with the free Genius of the Men these Northern Princes were to Govern Those Loads upon Industry high Customs and what we call Excises were afoot in the Roman Empire but not thought of in these Gothick Settlements 'T is true from the time Kings have desired greater Armies than their Crown-Revenues would maintain such Impositions have been reviv'd in these Parts of Europe These Kind of Taxes from which this side of the World had been exempt for several Ages were renew'd by Ambitious Princes who had great Thoughts and small Territory of which kind were Ferdinand and Alphonso of Aragon Kings Guicciard L. 2. 4. of Naples and Lodowick Sforza Duke of Milan who harrass'd their Countries with these sort of Duties to such a degree as at last it produc'd an Universal Defection of their People By these Ways and Means of Raising Money Lodowic Sforza had heap'd up such a Mass of Wealth that not Eight Years before Milan was taken he shew'd several Foreign Ministers by way of Ostentation besides Jewels and other sort of Riches in no small quantity to the Value of One million five hundred thousand Ducats A vast Summ for those Times The Kings of Naples had likewise scrap'd up a great Treasure by the like Methods But what did all this end in These Exactions had so provok'd the People that neither the Innocence nor Vertue of Ferdinand Alphonso's Son nor the dark Wisdom and Subtilties of Lodowick could avail 'em in time of Danger insomuch that they both lost their Dominions to the French without hardly striking a Stroak The Necessities introcuc'd by the long Wars in Italy brought these sort of Taxes more in Vogue and they were chiefly made use of by the little Princes there who Erected to themselves Tyrannies in several Cities Not long after this way of Raising Mony got footing in Spain and the Tax was call'd the * Baudier l' Aminist du Card. Ximen Cap. 3. Alcabala by which the King was to have the Tenth part of all that was Sold or Exchang'd it was first laid towards defraying the Expences of the Wars of Granada against the Moors and continu'd for some time tho' the War was ended but by the Authority of that Great Minister Cardinal Ximenes it was Abolish'd They had likewise Taxes upon the Consumption long agoe in France as in the Reign of †Mezeray vie de Chilp Chilperic which the People thought so burthensome that many therefore deserted their Country and we hear not of 'em again in their Histories till some Ages after and the manner by which they are now Collected in that Kingdom came from Italy But the Ancient Revenue of the Kings of France consisted in Land * Vie de Clotaire Mezeray says Le Revenue des Rois consistoit en Terres ou Domains en Imposts qui se prenoient sur les Gaulois seulment car il estoit odieux d'en prendre sur les Francois on les levoit quelques uns en argent quelques-autres en denres Quand on fit l'arpantage ou partage des Terres les Rois en eurent pour leur Portion quantite des plus belles specialement aux environs des grandes villes Dans toutes ces Terres qui'ls apelloient Villae Fiscales ils avoient des Officers ou serviteurs qui se nommoient Fiscalins celui qui leur commandoit Domestique On amassoit les Provisions de bleds de vins de fourages de Chairs specialement de Venaison de Porc. And as to Excises Gabels and high Duties upon Trade they were unknown among the Founders of the English Government or of the Kingdoms round about us We have been compell'd to look thus far backward and to repair to the Fountain-head and Original of this Government in order to illustrate what we are going to lay down in this Section which is I. That in Forming this Constitution our Ancestors took care to make ample Provision for Maintaining the King's Crown and Dignity II. That when those Lands and Revenues had been parted with which were allotted for his and the States Service Parliaments have seldom fail'd to Relieve and Restore his Affairs by Acts of Resumption William the Norman when he had subdu'd Harold and got quiet Possession of the Crown made a general Survey of the whole Kingdom There was already a Survey remaining at Winchester which had been taken by King Alfred's Order about Two hundred Years before William's Survey was call'd Doom's-Day-Book in which there was set down a Catalogue of all the Tenants in Capite or Serjanty that Held Lands in every County In this Accompt the King is always plac'd first and His and the Crown Lands describ'd under the Title of Terra Regis and in every one of these Counties the King had Lands and Mannors The Great and Little Doom's-Day-Book contain'd the Description of all England Westmoreland Cumberland Northumberland and part of Wales excepted There were Appropriated to the Crown * Vide Domes-day Book 1422 Mannors or Lordships besides Lands and Farms in Middlesex Shropshire and Rutlandshire over and above which there were Quit-Rents paid
Rentes Charges or Annuitees made by you of Estate of Inheritance for terme of Lyffe or terme of Yeres to oney Persone or Persones to be taken of oney of these Premisses or of youre Custumes or Subsidies or Awnage or of youre Hamper or atte or in youre Receits or in otherwyse or in oney other Place or oney of theim or of the Profites coming of theim or oney of theim withinne this youre Reaume Irlonde Wales Guysues Caleys and the Marches of the same be voide and of noone effect And that all manner of Grauntes made by you to oney Persone or Persones of Estate of Enheritance terme of Lyffe or terme of Yeres of oney Herbage or Pannage Fishyng Pasture or Comyne of Pasture youre Warein Wode Wyne Clothyng Furres to noone Office longyng nor perteinyng the seid first Day of youre Reigne nor afore noght yeldyng to you the verray value thereof be voide and of noone effecte And over that like it youre Highness to take resume and seise and reteine into youre handes and Possessions all manner Lettres Patentes Privileges Franchises Hundreds Wapentakes Letes Rapes Vewe of Franchises Fynes Amerciaments Issues and Profites of the same by you graunted syth the first Day of youre Reigne to oney Persone or Persones or Abbot Priour Deane Chapitre Maistre or Wardeyne of College Fraternite Crafte or Gilde And all manner of such Grauntes to be voide and of noone effecte And furthermore All Grauntes made by you to oney Persone or Persones of oney Offices the which were noone Offices the first Day of youre Reigne nor afore be voide and of noone effecte And that all manner of Grauntes made by you to oney Person or Persones geaving theim Power to make or ordeine oney Office or Offices of whome the makyng and Ordeinance the said first Day of youre Reigne or oney time syth longd to you or theim were noone such Office nor afore that thanne such Graunte as in makyng or Ordeinance of such Offices be of noone effecte And over that That all Grauntes and Relesses made by you syth the first Day of youre Reigne to oney Abbot Priour Covent or to oney other Persone or Persones for discharge or quytclayme of oney Corrodies or Corodie Pensione or Pensiones dismez spirituells or Quinszismes or dismes temporells Rentes or Services or oney other charge be void and of noone effecte And that no Persone nor Persones havyng Estate in Offices Fee simple or Fee taille of youre Graunte or oney havyng they re Estate have other Estate in the said Offices but terme of their lyffes that nowe hafe the seid Offices with Fees and Wages to the seid Offices of alde tyme accustumed oonly and noon otherwyse And that all manner of Grauntes by you made or to be made to oney Persone or Persones of the Premises or of oney parcelle during this youre present Parlement be voide and of noone effect And that noo Persone or Persones that hadde oney thyng of the premises afore the tyme of the seid Resumption be noght chargeable by way of Accompt or otherwyse for the same ayenst you youre Heires and Successours except thoo that by youre Grauntes afore the seid Resumption were accomptable This is the fore-part of the Act Word for word to which the House of Commons thought fit to add Savings to several Persons of which we shall give an Abstract First there is Saving to the Queen for her Dower 2 For the Colleges of our Lady of Eaton and our Lady and St. Nicholas of Cambridge 3 For Lands granted in the Dutchy of Lancaster to Persons to the intent to perform the King's Will 4 For Priories Alien then in the Possession of Hospitals or Religious Houses 5 For the Creation Money paid to the Peers but this Saving is with Restrictions 6 For those who had made Surrenders to the King and taken other Lands in Exchange so as the last Grant exceed not the first in value or terme 7 A Saving for Lands bought of the King by Henry Cardinal of England and given to St. Crosses with a general Saving for the Interest and Claime of private Persons to the Lands intended to be Resumed 8 A Saving for those who had Grants in former Reigns out of which they were Lawfully Evicted and in Consideration of which they had Grants from the present King 9 A Saving for those who had exchang'd Lands with the King so as the Lands exchang'd were not also of his own Gift and so as what exceeded in Value should be resum'd 10 A Saving for what paid Rent according to the true value at the time of the Grant 11 A Saving for where the King was Feoffee in trust so as it was not in Lands of his own Gift 12 A Saving for the Lord Chancellor Treasurer Privy Seal Justices Barons of the Exchequer Serjeants at Law Atturney and Officers in the King's Courts of Record for accustom'd Wages Rewards or Cloathing 13 A Saving for Grants made of their own Lands to Persons born beyond the Seas and of English Parentage 14 A Saving for All-Souls-College 15 A Saving for Cities and Burroughs who by the King's Charter were to be exempt from the Jurisdiction of the Lord High Admiral or Warden of the Cinque Ports 16 A Saving for Bodies Corporate c. who by Charter had Priviledge granted of Murage These were all the Reservations the House of Commons thought necessary in this Act. Then follows And that it like youre most High and Habundant Grace tenderly to consider these Premises and thereuppon by youre high and grete Wisdome and by the Advyse of the Lords Spirituels and Temporels in this your present Parlement Assembled to ordeine provide and establish sufficiaunt Possessions of the Premises so resumed for the contentyng and Paiment of the Expences and Charges of youre Houshold and all youre other ordinarie Charges And to Apply and Appoint the Possessions Profites Revenues and Commodities of youre Towne of Caleys and of Guisues and of the Marches there hooly to be taken and received by youre Tresorer of Caleys for the tyme beying he to apply theim to the Payments of the Souldeours there and the repaire of the Gettes and other necessary reparations there behowfull And the seid Tresorer thereof to you in youre Eschequer duely to accompt And all the Possessions aforesaid soo severally provided for to abide and endure to you youre Heires and Successours in perpetuitie to the same end and effecte and noon other with such peines and Punishments to be sette thereupon by youre wise discretions that noone of youre Leiges in tyme to come attempt the contrarie thereof or accept any parcell of hem so ordeined for the seid Provisions so that the seid Ordeinaunce soo made be sent and declared to us youre seid Beseechers during this your seid Parlement to the ende and effecte we to yeve thereto our assent so that it can be thought to us for youre Honour profite and welfare of us all so to doo that it be authorised in this youre high
to this youre high Courte of Parlement by youre Autorite Roiall in the moost lowly wise to us possible beseechen youre most Noblaye graciously and tenderly to considre the grete Benefites that shuld growe unto you and to this your Roialme by the Meane of this Resumption That it please therefore your moost habundat Grace that the seid Resumption may take good and effectual Conclusion whereof we youre seid humble liege People undre the Favoure of youre high and moost noble Grace may have knowlech during this seid Parlement for youre singular We le and special Comfort and Consolation of us and all thoo that we come fore Resp As for answere of the Petition and request of Resumption made to the Kyng by the Commons of this his present Parlement assembled His Highness wol that they know That by thadvyse and assent of the Lordes Spirituell and Temporel beyng in the same Parlement and by the thauctorite of the same Parlement His Excellence is agreed to resume and resumyth into his Hands and Possession all Honoures Castels Lordshipps Towns Townshipps Maners Londes Tenementes Wastes Rentes Reversions Fees Fee-fermes and Services with all they re Appurtenances in the which he had Estate in Fee in England Wales and in the Marches thereof Irlond Guysnes Calais and in the Marches thereof the which his Highness hath graunted by his Lettres Patentes or otherwyse syth the first Day of his Reigne And all the Honoures Castels Lordshipps Townes Towneshipps Maners Londes Tenements Wastes Rents Reversions Fees Fee-ferms and Services with all their Appurtenances the which were of the Dutchie of Lancastre and pass'd from his Highnesse by his Graunt or Graunts And he to have all the Premisses in and of like Estate as his Excellence had theyme at the tyme of such Grantes made by hym of theym And that all Lettres Patentes or Grauntes by his Highnesse or by any other Persone or Persones at his request or desire made to any person or persons of the premisses or of any of theym in that that is of any of the premisses be voide and of noo force And over that that all manere of Grauntes of Rentes Charges or Annuities made by the Kyng's Highnesse of Estate of Enheritance or for Term of Life or Term of Yeris or at the Wille to any persone or persons to be taken of any of these Premisses or of any other of his Possessions or of his Custumes or Subsidies or Awnage or of his Hamper or at or in his receite or in otherwise or in any other place or in any of theym or of the profites comyng of theym or any of theym within this his Roialme Irlond Wales Guysnes Caleys and Marches of the same be void and of non éffecte And that all Manner of Grauntes made by His Highnesse to any Persone or Persones of Estate of Inheritaunce terme of Life or terme of Yeris or at his Wille of any Herbage or Pannage Fishing Pasture or Comyn of Pasture Wareyn Wode Wyne Clothyng Furres to non Office longyng nor perteynyng the seid first Day of his Reigne nor afore not yeldyng to his Highnesse the verray Value therof nor doyng any Charge to His Highnesse therof to the Value therof be voide and of non Effecte And that all Lettres Patentes by His Highnesse made in or of any of the Premisses to any Persone of the which any Recovere hath been hadde ayenst the seid Patentes or any other by Covyne or Collusion that as well the Recoverer therof as the Letters Patentes be voide and of non Effecte And over that that all the Graunts or Relesses made by His Highness syth the first Day of his Reigne to any Abbot Priour Covent or to any other Persone or Persones of Discharge or quiet Clayme of any Corrodies or Corrodie Pensions or Pension Dismes Spirituels or Quinzismes or Dismes Temporels or of Discharge or quiet Clayme of any Rents of Fee or Services of Fee be voide and of non Effecte And over that it liketh his Highness to take resume and seise in his said Handes and Possession all manner Libertees Privileges Fraunchises Hundredes Wapentakes Letes Rapes viewe of Fraunkplege Shirrif Towrnes Shirrif Gildes Fines Amerciaments Issues and Profites of the same by his Highnesse graunted sith the first Day of his Reigne to any Persone or Persones or Abbot Priour Dean Chapitre Maistre or Wardeyn of College Fraternitee Crafte or Gilde and all Manner such Grauntes to be voide and of non Effect Except such Libertees Privileges Fraunchises Hundreds Wapentakes Letes Rapes view of Fraunkplege Shirrif Towrnes Shirrif Gildes Fines Amerciaments Issues and Profites of the same and all other Libertees Privileges Fraunchises and Immunitiees that his Highnesse hath graunted to the Provostes and Scolers of his Collage Roial of our Lady and St. Nicholas of Cambrig or to the Provoste and Collage Roial our Lady of Eaton and to they re Successoures This Acte and Petition of Resumption to begynne and take Effecte atte the feste of Thannunciacion of oure Lady in the Yere of his Reigne XXIX And that all maner of Grauntes by his Highnesse made of any of the seid Honours Castels Lordshipps Townes Townshipps Manoires Londes Tenementes Wastes Rentes Reversions Fees Feefermes and Services with all theire Appurtenaunces or any discharge or quiet Claime as it is above reherced duryng this present Parlement be from the seid Fest of our Lady voide and of non Effect And as to the Provisions and and Exceptions conteigned in the seid Petition of Resumption his Highness theym accepteth and the same agreeth forth with other Provisions and Exceptions by hym by thadvise of the seid Lordes Spirituels and Temporels beyng in this seide Parlement put in writyng as the Tenours of theym hereafter folowen The Moderations or Savings put in Writing as afore are in Number Forty Two and are much of the same Nature as those in the Act of the 28th of the same King only there is here a more express Saving for those who had bona fide purchas'd of the Crown for a Valuable Consideration And there is a general Saving for Offices and the accustomed Fees thereunto belonging And as to the Remanent conteyned in the feid Petition of Resumption not specified in this his Answer Le Roy Savisera Note That here the Lands of Ireland are resumed But as to the Fees belonging to Offices the Point was farther clear'd in an Act of the 31st Hen. VI. Chap. 7. which is in the printed Statutes Anno 33. Hen. VI. there pass'd another Act of Resumption Rot. Parl. 33 H. 6. No 47. Prayen the Commons in this present Parlement assembled that where the Victorious Prince of most noble Memorie your Fader whom God rest and other your noble Progenitours maintain'd as worshipfull noble and honourable estate of their Household in this Lond of the Revenues thereof as hath oney King or Prince in oney Lond Christenned to the Ease and rest of the People of the same without agrugyng for lak of Paiment therefore such as
eny of theym or eny parcell of theym be from the seid Fest void and of noo force nor effecte And that this Act extende not to eny Honours Castells Lordshipps Manours Londes Tenementes Rentes Services Possessions or Enheritaments which came to the Hands or Possession of our seid Soveraine Lord Kyng Edward the 4 th or apperteyned or belonged to hym or that he shuld have had the seid 4th day of Marche or eny tyme after by the forfeiture of eny Persone in the Parlement hold at Weâ—â—minster the 4th day of November the seid first Yere attainted or by force of an Act of Forfeiture therin made other than by the Forfeiture of Margarete late called Queen of Englond And also that this Act extend not to any Graunte or Grauntes afore this tyme made to eny Lord not attainted of eny Annuite for the Sustentation of his Name and Estate nor to noon Office or Offices which were Office or Offices the seid 4th day of Marche or afore and needeth actuel Exercise graunted the seid 4th day of Marche or after to eny Persone or Persones for terme of his Lyfe or they re Lyfes with Fees Wages and Profites to the same Office or Offices afore the seid 4th day of Marche due and accustumed And also that all Yefts made by the Kyng the seid 4th day of Marche or eny tyme after under eny of his Seales to eny Persone or Persones of eny Office wheruppon noo charge hangeth nor nedeth to be of actuel Exercise or Occupation be from the seid Fest voide and of noo force nor effecte Also that all Grauntes made by the Kyng the seid 4th day of Marche or eny tyme after to eny Persone or Persones of eny Office or Offices with Fees and Wages then not due and accustumed nor apperteynyng to the same Office or Offices the seid 4th day of Marche be from the seid Fest as to the seid Fees and Wages not due and accustomed void and of noo force and effecte This Acte to be had and take with such Exceptions and Provisions as shall please the Kyng to make Then follow Three Savings made by the House of Commons 1 st For Sums issued to the Payment of the King 's own Debts 2. For Corporations Cities and Boroughs c. as to any Gift Grant Demise Lease Release Jurisdiction Authority Confirmation Ratification Licence Pardon c. granted by the Kings Henry the 4 th 5 th and 6 th 3. For Grants or Licenses given by the said Kings to any Person to found or make Fraternities Gyldes Hospitals c. or to purchase Lands for those Uses Then follow a prodigious Number 〈◊〉 Savings and Exceptions and so many as indeed seem intirely to defeat thâ— Design and Intention of the Act which in the 7th of the same Reign produc'd another Resumption This Heroick Prince who himselâ— had fought so many Battles and whâ— by his Courage from a private Person got to be King of England invites hiâ— People from the Throne to resume whaâ— had been plunder'd from the Crown iâ— the Words following 7 Edw. 4. Rot. Parl. N. 7. John Say and ye Sirs comyn to this my Court of Parlement for the Comon of this my Lond The Cause why Y have called and summoned this my present Parlement is Y purpose to to lyve upon my nowne and not to charge my Subgetts but in grete and urgent Causes concerning more tho we le of theymself and also the defence of theym and of this my Reame rather then my nowne pleaser as heretofore by Comons of this Lond hath been doon and born unto my Progenitours in tyme of nede wherein Y trust that ye Sirs and all the Comons of this my Lond wol be as tender and kind unto me in such Cases as heretofore eney Comons have been to eney of my seid Progenitours And for the good Wills kindnesse and true herts that ye have born continued and showed unto me at all tymes heretofore Y thank ye as hertily as Y can as so Y trust ye wol contenue in tyme comyng for the which by the Grace of God Y shall be to you as good and gracious Kyng and reigne as reight wisely upon you as ever did eney of my Progenitours upon Comons of this my Reame in days paste and shall also in tyme of nede aply my Person for the We le and defence of you and of this Reame not sparyng my Body nor Lyfe for eny jeopardie that mought happen to the same Ibid. N. 8. Memorandum Quod quedam Cedula formam cujusdem Actus Resumptionis in sâ— continentis exhibita fuit in presenti Parliâ—mento in haec Verba For divers Causes and Considerations concerning the Honour State and Prosperite of the Kyng and also of the Commonwele defence surete and welfare of this Reame and his Subgettes of the same it is ordeyned enacted and established by thadvyse and Assent of the Lords Spirituells and Temporells and Comons in this present Parlement assembled and by Auctorite of the same That the Kyng from the Fest of Ester last past have take seize hold and joy all Honours Castells Lordshipps Townes Towneshipps Manors Londes Tenementes Wastes Forestes Chaces Rentes Annuities Fermes Fee-fermes Reversions Services Issues Profites Commoditees which he was seised and possessed of the 4th day of Marche the first Yere of his Reigne or eny tyme after by resone of the Coroune of Englond the Duchie of Cornwaille Principalite of Wales and Erldom of Chestre or eny of theym in Englond Irlond Wales and Marches thereof or that apperteyned or belonged to hym the same fowerth day or eny tyme sin as paroell of his Duchie of Lancastre or by the forfaiture of Henry the Sixt late in dede and not in Right Kyng of Englond or eny Person atteynted sin the seid 4th day of Marche by auctorite of eny Parlement holden sin the seid 4th day or otherwyse attaynted by the course of the Comon Lawe of this Lond and passed from the Kyng under eny of his Seales to eny Persone or Persones in Fee-simple or Fee-taille terme of Lyfe or terme of Yeres and that the Kyng fro the seid Fest of Ester have hold and joye every of the Premisses in lyke estate as he had theym the seid fowrthe day of Marche or eny tyme after Also that all Yeftes Grauntes Ratifications Releses Leses Demyses and Confirmations made by the Kyng the seyd 4th day of Marche or eny tyme sin to eny Persone or Persones of eny of the Premisses in Fee-simple or Fee-taille terme of Lyfe or terme of Yeres under eny of his Seales be from the seid Fest of Ester void and of noo force nor effecte And furthermore it is ordeyned by the seid Advyse Assent and Auctorite That the Kyng from the seid Fest of Ester have take seise hold and joy all Honours Castells Lordshipps Townes Towneshipps Manours Londes Tenâ—mentes Rentes Services Possessions Enheritaments Issues profites and Comoditees which the full noble and famous Prynce Richard veray true and
before theym proved not to be made reared or assigned upon true Grounde or Cause of Duetee in likewyse to be voide and the Kyng therof quyte and discharged for evermore Then follow Sixteen Exceptions or Savings as to private Interests which the House of Commons make and they are much of the same Nature as those in the other Acts. Resp As touchyng this Bill of Resumption and the other Acte above specified concernynge Assignations made by the Kynge and the Fourme of Paymentes of his Dettes and all thynges comprised in either of the seid Billes and Acte and the other Matiers and Articules above specified the Kyngs Highnesse hath well conceyved and understond the same and by thadvyse and assent of the Lordes Spirituells and Lordes Temporells and the Comons beyng in this present Parlement and by the Auctorite of the same theym hath accepted and agreed So also that such Provisions and Exceptions as by his Highness be or shall be made and agreed and duryng the tyme of this present Parlement in Writyng to or upon the Premisses be good and effectuel the seide Bille or Acte or eny other the Premisses notwithstondyng for the Equyte and Right wis reward that the Kyng intendeth to do to every of his Subgietts for his Merites which shall be to the Pleaser of God and Honour of his Highnesse and the Wee l of all the Lond and People Then follow a great Number of Exceptions brought in by the King but they do not seem of that Nature as if it were design'd they should defeat the Intentions of the House of Commons as the Savinâ—s in the first Act of Resumption pass'd in this Reign plainly did So that at last both King and People appear to be in Earnest in this Matter But all the Acts of Resumption hitherto pass'd were not thought sufficient so that tho' we cannot find Richard the Third who succeeded Edward was any great Giver yet the Parliament in the Reign of Hen. 7. who was Successor to Richard believ'd another Resumption necessary Rot. Parl. 1 Hen. 7. p. 2. Anno 1. Hen. 7. Prayen the Commons in this present Parliament assembled That where the most noble and blessed Prince of most holy Memory King Henry the 6th your Uncle whom God rest and other your noble Progenitours have kept as worshipfull noble and honorable Estate of their Household in this Lond of the Revenues thereof as have done eny King or Prince in Englond christenned to the Ease and Rest of the People of the same without agrudging or lack of Payment therfore such as caused all other Londs to have this your said Lond in as worshipfull Renown and as great Dread as any other Lond christenned and for that the Revenuâ— of your said Lond to your Highnesse now belonging mowe not â—uffice to keep and susteine your honourable Household nor your other ordinarie Charges which must be kept and born worshipfully and honorably as it accordeth to the Honour of your Estate and your said Realm by which your Adversaries and Enemies shall fall into the dread wherin heretofore they have byn That it would please your Highnesse by thadvyse and assent of the Lords Spirituall and Temporall in this present Parliament assembled and by Auctoritie of the same for the Conservation and Suportation of your said Estate which first to Gods Pleasure secondarie for your own Suertie Honour and Weal and for the third to the universal Weal Ease Rest and Suertie of this Land the which you owe to preferre afore the Favour of any Persone or any Place or other Thing earthly to take seise have reteyne and resume into your Hands and Possession from the 21st Day of August last passed all such Castles Lordshipps Honours Manours Londs Tenements Rents Services Feefermes Knights Fees Advowsons Annuitees Yefts of Offices to yeve at your Pleasure Grantes of keeping Ideots Faires Markets Hundred Turnes Views of Frankplegge Leets Yssues Fines Amerciaments Libertees Fraunchises Prorogatives Escheates Custumes Reversions Remainders and all other Hereditaments with their Appurtenances whatsoever they be in England Wales Ireland of Caleys or the Merches thereof as the said most christen and blessed Prince King Henry the 6th your Unkle had of Estate of Enheritance or any other to his Use had the 2d Day of October the 34th Year of his Reigne or any tyme sith as parcell or in the Right and Title of the Crown of England of the Duchie of Lancastre the Duchie of Cornwall the Principalitie of Wales and the Earldome of Chester Saving to every of your liege People such Right Title and Interesse as they or any of them should have or might have had in or of the Premisses or any Parcel thereof other than by means of Lettres Patentes of any King of this your Realm or by Act of Parliament made after the said 2d Day And over this be it enacted ordeyned and stablished by the same Anctoritie that all Yefts Graunts Leases Releases Confirmations and Discharges of any Castels Honours Lordshipps Manours Lands Tenements Rents Services Reversions Annuites Feefermes Offices Liberties Fraunchises or other Hereditaments and all Appropriations Corporations Collations Assignments and Graunts of any Debt or Summes of mony by Letters Patentes or Tailles as to any Payment only whereof the Days of Payment have or shall grow after the 21st Day of August last passed made by Richard the 3d late in dede and not of right King of Englond any tyme during his usurped Reigne under his great Seale of the Countie Palatine of Chester or by Tailles to any persone or Persons or Body corporate and also all Yefts and Grauntes by Authoritie of Parliament or otherwyse made by Edward the 4th late King of England or by Edward his Son late called King Edward the 5th to any persone or persones be fro the said 21st Day of August adnulled void and of no force ne effecte And all Graunts made by the said Edward the 4th late King of or touching the Earldome of Devonshire or any Parcell thereof be from the same 21st Day also void and of no Force ne Effecte Then comes A Saving for some special Grants made by Edward the 4th and King Richard as to Lands of the County Palatine of Lancaster Chester or of the Earldome of March A Saving to Abbots Abbesses Priories in England or Wales as to the Restitution of any of their Temporalities A Saving for License to incorporate or found any Chantery c. Then follows And over this be it inacted ordeyned and stablished by the sayd Auctority that all Graunts and Letters Patentes of any Office made by our sayd Sovereign Lord afore the 20th Day of January the 1st Year of our Reign to any persone or persons be from hence forth void ne of no effecte A Saving for the great Officers and Others as to their Employments and Wages A Saving for the Patents of the Peers and their Creation-Money And to Corporations c. Then follow Ten Exceptions or Savings made by the House of Commons to
seem tedious but curious Persons may perhaps receive Satisfaction to see the Sence of their Fore-fathers upon this Point And we take it that the Wisdom and Gravity with which these Acts are penn'd and the Exactness and Care which the House of Commons from time to time show'd in this whole Transaction will prove no unpleasant peice of History He has done impartially and taken notice of what may make against as well as for his present Argument that the Reader may have the whole before him And in this Transcript he has follow'd the best Copies of Records he could procure such as have been sign'd and examin'd at the Tower in which he believes there is no material Error and that they are according to the Original Records except in Orthography or spelling Words wherein all Transcribers of Records mistake and differ with one another But as to the French Records both in this and the following Section the Author has examin'd them all at the Tower by the Rolls As to what was done upon Resumptions before the Reign of Edward the Second he has therein follow'd the best Ancient Writers of our English History whose Authority may be rely'd upon because most of such as he has cited wrote of Things done near or in their own Times But for their Ease who do not care to read much and to help the Memory of others he will recapitulate in a few Words the several Resumptions afterwards he will make some few Observations upon the Whole and examine what Effect these Acts of Resumption produc'd as to enlarging the Crown-Revenue and then conclude this long Section 1 st A Resumption was made by William Rufus 2 dly A Resumption by Henry the First 3 dly A Resumption agreed to by King Stephen 4 thly A Resumption actually made by Henry the Second 5 thly A Resumption by Richard the First 6 thly A Resumption by Edward the Second 7 thly Resumptions made by Richard the Second 8 thly Resumptions made by Henry the Fourth particularly of the Lands belonging to Windsor-Castle 9 thly Three Resumptions made in the Reign of Henry the Sixth 10 thly Four Resumptions made in the Reign of Edward the Fourth 11 thly One general Act and other particular Acts of Resumption in the Reign of Henry the Seventh 12 thly An Act of Resumption of â—ivers Offices Annuities and other Things in the Reign of Henry the Eighth Upon the whole Matter these Observations may be made 1 st From the forecited Records it appears that the People of England have in no Age thought it reasonable that the Crown-Revenue should be alienated 2 dly That not only under the Reigns of weak and unfortunate Princes but when there has been upon the Throne martial and active Kings this Nation has all along insisted upon Resumptions 3 dly It appears from the said Records that very few of the said Resumptions did look farther backward than the Reign of the present Prince 4 thly That the People have been most provoked when the Crown-Lands have been given away to Foreigners 5 thly That the House of Commons in their Bills of Resumption made very few Savings as to the Interests of Private Men. 6 thly That it appears from the said Records that very small Things were look'd into and that in the Three Râ—sumptions made by Henry the Sixth it does not appear there were Savings for any large Grant 7 thly That in some of their Bills the House of Commons insisted upon Penalties to be inflicted upon such as should procure Grants of the Crown-Revenue 8 thly That by the Profusion of some Princes the Crown-Revenue was reduc'd from Fifty Six Thousand Nine Hundred Sixty Six Pounds to Five Thousand Pounds per Annum 9 thly That Edward the Fourth invited his Parliament in his Speech from the Throne Anno 7. to make an Act of Resumption 10 thly That in the many Acts made to this Purpose every following Act was penn'd with stricter Clauses and to reach more than the former did 11 thly That the Act made the 28 H. 6. provides that the Lands so resumed should be for the Expences of the King's Houshold 12 thly That some of these Resumptions as that of 3 and 4 of Edw. 4. extended not only to the Crown-Revenue but also to what was the King's own Patrimonially namely to his Dutchy of York and Earldom of March. And that Anno 7 all was resumed which belong'd to Richard Duke of York the King's Father the 30 th of December Anno 39. Hen. 6. The â—ame 13 Edw. 4. 13 thly That in these Acts of Resumption the Sallaries and Wages are taken away of all superfluous Offices which requir'd no Attendance and Execution and which were newly erected 14 thly That some of these Acts establish that the Lands so resumed should continue in the Crown 15 thly That it will appear to any who will look into the volumenous Savings and Exceptions which were brought in by the King to the said Acts that many of the Grants in those Ages made for Lands or Pensions were only for Term of Life or Term of Years and to return to the Crown 16 thly That in many of the Savings as to the Interest of private Men where there is something left there is something resumed 17 thly That most of these Acts not only resume the Crown-Lands but revoke all unnecessary Pensions 18 thly That the 33 Henry 6. resumes the Land pass'd away from the Crown even by Authority of Parliament 19 thly That in all these Acts except 28 Henry 6. the Lands in Ireland are comprehended 20 thly As every subsequent Act was more strictly penn'd than that which went before so the Exceptions and Savings brought in by Edward the Fourth Henry the Sixth were at last few and frugal became every Time more moderate than the other so that in the End both Prince and Parliament agreed that a Resumption was necessary and would be greatly beneficial to the Kingdom But now as to the Effects which these Acts of Resumption produc'd it appears manifestly that they were put in Execution and that the Savings and Exceptions were not such as to defeat the Designs of the Parliament which some People pretend to suggest and 't is likewise evident that the Crown-Revenue was thereby very much increased For the Records plainly show that the whole Income of the Crowne Annis 28 and 29. Hen. 6. was reduc'd to Five Thousand Pounds per Annum Edward the Fourth who succeeded was an expensive Prince Richard the Third his Brother a frugal Man indeed but his Reign was too short to make any great Improvements in his Revenue and yet we find Henry the Seventh his Successor Master of more ready Money than ever any King of England was either before or since his Time This Prince had not many Aids from his People * Answer to the Reasons for Foreign Wars â— 51 Sir Robert Cotton enumerates them But one Aid upon Land viz. Anno 19. Out of their Goods and Lands
a Tenth out of their Goods only thrice a Tenth Five Fifteens besides a Tenth and Fifteenth which amounted to 120000 l. Three Subsides of which the last came to but 36000 l. One Benevolence And of the Clergy twice the Tenth and 25000 l. by way of Subsidy and yet Cotton says for which he cites a good * Lib. Acquit in t Regem Dudley R. C. Authority That he left behind him in Bullion Four Millions and a Half besides his Plate and rich Attire of House My Lord †Life of Hen. 7. p. 230. Bacon indeed brings the Sum lower and says it was near Eighteen Hundred Thousand Pounds Sterling But to reckon according to either of these Authors the Sum was prodigious for those Times 'T is true he had very extraordinary Ways of scraping up Money such as Sale of Offices Redemption of Penalties dispensing with the Laws and the like but all these together produc'd only * Answer to the Reasons c. p. 52. 120000 l. per Annum Besides Empson and Dudley the Two Ministers of his Extortions did not commit their Rapines till towards the latter End of his Reign From whence we may reasonably conclude that the Principal Foundation of all this Wealth join'd with his own Parsimony must have been the Crown-Revenue and that the former Acts of Resumption with that which was made in his own Reign which no doubt this frugal Prince took Care to see put in Execution had reduced it to it 's former State and Condition For had no more been left than 5000 l. per Annum there would have been no matter for his Oeconomy to work upon so that we may very well infer that the fore-mentioned Resumptions had reliev'd the King's Affairs and brought the Crown-Revenue once more into a flourishing Condition But Henry the Eighth not only spent the immense Sum left him by his Father but likewise a great Part of that Revenue which came to the Crown by seizing the Abby-Lands which amounted to * Hist of the Reform Part 2. p. 268. 131607 l. 6 s. 4 d. per Ann. However he who considers the History of those Times and how much this Prince made himself the Arbiter of Europe will find his Money was not so unprofitably spent as is vulgarly imagin'd Besides †Ibid. p. 269. great Sums were laid out on building and fortifying many Ports in the Channel and other Parts of England which were rais'd by the Sale of Abby-Lands But notwithstanding the expensive Temper of this Prince he left his Successors very sufficient and substantial Landlords in England For we found in Sir Robert Cotton's Library in a * Cleopatra F. 6. Fol. 51. Book part of which is of that learned Antiquary's own Hand writing and to which King James the First has set his Name James R. which Book contains very many curious Things That the Revenue of the 12th of Elizabeth besides the Wards and Dutchy of Laâ—câ—ster amounted to 188197 l. 4 s. per Annum The Writer of these Papers does not remember to have met with any Thing relating to Resumptions in the Reign of Queen Elizabeth but the Reason why nothing of that Nature should be done in her Time is very obvious her Father had alienated from the Crown a great Part of the Abby-Lands or exchang'd 'em for other Lands as a Multitude of Acts pass'd to that Purpose in his Reign Witness And it was a strong Security to the Protestant Religion and Interest that those Estates should remain in the Hands and Possessions of private Persons A Resumption was thought on in the Reign of King James the First of which the forementioned Tracts of Sir Robert Cotton are a sufficient Evidence Besides in the †Annals of King Jam. p. 10. Annals of those Times 't is said to have been debated in Council But in the Reign of King Charles the Second a Resumption was again agitated for we find in the Journals of the House of Commons Martis 22 Die Maii 1660. A Bill for making void of Grants made since May 1642 of Titles of Honor Mannors Lands Tenements and Hereditaments pass'd under several great Seals by the late King Charles or the King's Majesty that now is or any other great Seal was this Day read the second Time and upon the Question committed c. And as a Mark that these Alienations of the Crown-Revenue were always distasteful to the People of England and to show that the House of Commons desir'd that a new Prince should betimes know the Nation 's Sence in this Matter we shall produce the following Resolves of that Parliament which restor'd King Charles Martis 4 Die Sept. 1660. Resolv'd That this House doth agree with the Committee That a Bill be brought in for Settling the Lands of the Crown so as that no Grant of the Inheritance shall be good in Law nor any Lease for more than Three Lives or One and Thirty Years where a Third Part of the true yearly Value is reserv'd for a Rent as it shall appear upon a Return of a Survey which that Act is to take Order for to be speedily had and taken and that Mr. Sollicitor General and Mr. Serjeant Glyn do prepare and bring in a Bill accordingly Resolv'd That this House doth agree with the Committee That the King's Majesty be humbly desir'd from this House to forbear to make any Leases of the Lands or other Grants of the Revenue of the Crown till the said last mention'd Act be pass'd And the Reason why these good Resolutions took no Effect is not at all difficult to discover 'T is to be fear'd that too many we mean without Doors in those corrupt Times not only were concern'd in the Grant already made but likewise did design as it prov'd afterwards to get for themselves what remain'd of the King's Lands And now for a full Answer to those who pretend Resumptions had never any Effect we shall produce a State of the Crown-Revenue as it lay before the House of Commons the same Year Martis die 4. Sept. 1660. ' Sir Heneage Finch reports from the Committee That according to the best Information the Committee could receive and by Estimate the Revenue amountted to 819398 l. per Annum viz.  l. By Customs 400000. By Composition for the Court of Wards 100000. The Revenue of Farms and Rents 263598. The Office of Postage 21500. The Proceed of Dean Forest 4000. The Imposition on the Sea-Coal exported 8000. Wine-Licenâ—e and other Additions 22300. Total 819398. From which Accompt it appears that notwithstanding the Profusion of Henry the Eighth and the irregular Bounty of K. James the 1st to his Scots the Land-Revenue of the Crown which Anno 28. Hen. 6. when the Parliament made the first formal and regular Resumption was reduc'd to 5000 l. per Annum came afterwards with the Forest of Dean to amount to 267598 l. per Annum Our Princes have seldom been known to purchase Lands The Abby-Lands could not make this
England And what succeeded to this unfortunate Prince upon such an extraordinary Act of Violence is but too manifest The Ministers and Promoters of all the Irregularities committed by that King were the two Spencers Earls of Winchester and Glocester who were put to death in a tumultuous manner * Col. 2547. Knyghton indeed says the Earl of Glocester was arraign'd before Sir William Trussel Justiciarie Dominus Hugo Spencer ductus coram domino Willielmo Trussell Justiciario areniatus est coram eo ad Barrum One of the principal Heads of the Accusation against Hugh Spencer was for that he had advised the King to give and grant unto the false Traitor the Earl of Winchester Andrew Harkely and to himself Lands appertaining to the Crown in disherison thereof * Kâ—yghâ—on Col. 2548. Hugh apres celle maveiste vous Consellastes nostre Seignour le Roy en desheritaunce de sa Coronne a doner vostre Piere que fuist faux Traytour le Conte de Wyncestre Andrewe de Harkely Traytour notorye attaynte le Conte de Cardoyle Et a vous Hugh la Terre de Cantermaure altres Terres que furont proprement Appurtenancez a la Coronne For which and for other Crimes he was condemned and Executed Among the Articles exhibited in Parliament Anno 4. Edw. 3. against Roger Mortimer Earl of March two of 'em are for procuring to himself Grants of the Crown-Revenue That he caused the King to make him Earl of March and to give Him and his Heirs many Lands in Disherison of the Crown And that the said Roger caused the King to give to Him and his Children and Confederates Castles Towns Mannors and Franchises in England Ireland and Wales in decrease of the Revenues of the Crown Judicium Rogeri de Mortimer * Rot. Parl. 4 Edw. 3. Et a mesme le Parlement per son dit Royal Poer a luy accroche fist tante qe nostre Seignour le Roy luy fist Conte de la Marchie luy dona plusours Terres a luy a ses Heirs en desheritance nostre dit Seignour le Roy de sa Corone Item le dit Roger per son Royal Poer a luy accroche fist le Roy doner a luy a ses Enfantz a ses Alliez Chastelx Villes Manoirs Franchises en Engleterre Irland Gales en decrese de sa Corone Rot. ibid For this and for other Crimes of which some were judg'd to amount to Treason he was condemned to be hang'd at Tyburn and the Sheriffs of London were order'd to attend the Execution In the 10th of Richard II. Michael de la Pool Earl of Suffolk was Impeach'd in Parliament upon several Articles the Principal of which was For that being Lord Chancellor and sworn to promote the King's Profit he had purchas'd of the King Lands Tenements and Rents of a great Value against his Oath and such Grants being more than he deserv'd considering the great Poverty of the King and Kingdom To which he answer'd that he had no Lands of the King but since his being created Earl and that by way of Exchange To which the Commons reply'd by showing the Oath he took when he was made Lord Chancellor the Effect whereof was for doing Justice observing the Laws Councelling the King and not to suffer any Damage or Disherison of the Crown and that by all means he should promote the King's Profit And hereupon because he confess'd the Gift of the Lands to him whilst he was Chancellor and that during the same time the Exchange was made of good Lands for a Casual Custom at the Port of Hull they inferr'd that the same was not for the King's Profit according to the Tenor of the Chancellor's Oath And therefore they pray Judgment The Judgment against the said Earl was That for Breach of his Oath all the said Mannors and Hereditaments which he had of the King's Gift should be seiz'd into the King's Hands together with all the mean Profits saving to the Earl his 20 l. per Annum Creation-Mony in the County of Suffolk But take the Words of the Record as far forth as they relate to the present Matter Rot. Parl. 10 Ri. 2. P. 1. Num. 1. Premierement qe le dit Conte estant Chanceller jure de faire le Profit du Roy purchassa de nostre Seignour le Roy Terres Tenements et Rents a grand value come piert per Recordes Rolles de la Chancellerie encontre son serment La ou il n'avoit tant desservi considerez la grante necessite du Roy et du Royalme et outre ce a cause qe le dit Conte fust Chanceller au temps du dit Purchasse faite les dites Terres et Tenements furent extendus a meindre value qils ne veillent per an per grant some en deceite du Roy. Rot. ibid. Nu. 6. Qand al premier Article de son Empechement cest assavoir depuis qil estoit Chanceller qil deust purchasser certeins Terres du Roy c. Le dit Conte respond qe depuis qil fust Chanceller il ne purchassa unqes nulles Terres ne Tenements du Roy ne le Roy luy donna ne al nully des soins nulles Terres ne Tenements tant qe aux temps qe le Roy fist prendre l'estat du Conte mes per voie de verrai Exchange Cest assavoir qe come le dit Conte avoit CCCC Marcs annuelx sur la Custume de Kyngston sur Hull per descente de Heritage pur qeux il pleust au Roy d assigner au dit Conte Terres et Tenements a la value et assignee et ordonna partie devant qil fust Chanceller et partie depuis et ce au profit du Roy si bien annuellement come par Cause de une Some de mille Marcs paiees ou Roy per le dit Conte pour celle cause c. Then he proceeds to give several Particulars of the Agreement and to set forth his Merits and that the King made him take the Honour of Earl upon him without his seeking and how he was persuaded to be Chancellor But it seems the Parliament did not take his Answer to be sufficient for the Commons reply'd in the Words following Rot. ibid. Num. 8. Et les Communes replians al responce du dit Conte del premier Article Monstrent as Seignours la Copie de son serment fait qant il fust Creez Chanceller en maniere quensuit Vous Jurrez qe bien et Loyallement servirez a nostre Seignour le Roy et a son People en l office de Chanceller et droit feres as toutes Gens pouvres et riches seloncles lois et usages du Royalme et loyalement conseillerez le Roy et son Conseil sellerez et qe vous ne saverez ne sufferez le damage ne desberitison le Roy ne qe les droitures de la Corone soient destruits per nulle
voie sy avaut come vous le poez destourber et sy vous ne poez destourber vous le ferez savoir clerement et expressement au Roy ensemblablement ove vostre loyal avis et Conseil et qe vous ferez et purchasarez le profit le Roy par tout ou vous le purrez faire resonablement Si dieu vous eide et les Seints Evangieles Prient qe ce lu et bien entendu et considerez les Circonstances de son dit responce sy bien Cest assavoir de ce qe nad pas dedit qe il ne receut du don le Roy puis qil estoit fait Conte estant en l office de Chanceller diverses Terres et Tenements come contenu est en le Empechement come qil ad conus ouvertement qil recent du Roy autres Terres et Tenements qe sont certeins et seures a la value de qatre Cents Marcs per an en Exchange de qatre Cents Marcs annuels qeux il avoit sur la Custume de Kyng ston sur Hull qe sont casuels et nemy sy seures nient enformant le Roy clerement de son damage celle partie et coment qil ad dit qil receut parties desdites Terres et Tenements issint pris en change devant qil estoit Chanceller les Communes dient qil estoit lors du Prive Conseil du Roy et a ce jurez et puis en la Creation del Office de Chanceller astrict de Nouel per serement et il en cel Office Agreant as Exchanges par luy devant suppliez prist et receust du Roy le remenant desdites Terres et Tenements en plein perfourmessement des Exchanges susdits et demandent Judgement du Parlement surtout son responce des susdits So that for the Insufficiency of his Answer the following Judgment was given Rot. ibid. Num. 13. Et purce qe le dit Conte ne allegea point â—n son Responce qil observe le effecte de son ferement en ce qil jurrast qe il ne saveroit ni ne suffreroit le damage ne la desheritison du Roy ne qe les droitures de la Corone fussent destruits par uulle voie sy evant come il les poiast destourber et si il ne les poet destourber il le feroit savoir derement expressement au Roy ensemblablement ove son loyal avise Counseil qil feroit purchasseroit le Profit le Roy per tout ou il le pourroit fair resonablement Et il tant come il estoit ainsy principal Officer du Roy Sachant le Estat necessite du Roy du Royalme prist du Roy tiels Terres Tenements come est suppose par le Empechment a luy en le dit premier Article surmis coment qil alleged en son responce qe les dons a luy issint faits furent confirmez par plein Parlement il ny a nul tiel record en Roulle de Parlement Purquoy Agardez est qe tous les Manoirs Terres Tenements Rents Services Feos Avoesons Reversions Profites ove lour Appurtenances per luy issint receus du Roy soient Reseisez reprises en les Mains du Roy a avoir tenir a nostre dit seigneur le Roy et ses Hoirs sy pleinement enheritablement come il les avoit tenoit devant le don eint fait al dit Conte et qe toutz les Issues et Profits ent receus ou leves al Oeps du dit Conte en le mesme temps soient levez al Oeps nostre Seignour le Roy des Terres et Chastelx du dit Conte illoques et aillours Mes ne est pas le Intention du Roy ne des Seignours qe celle Jugement sestende de luy faire perdre le nom et le Title de Conte ne les vingt livres Annuelx quex le Roy luy grana prendre des issues du Conte de Suffolk pur le Nom et Title avantdits Et outre purceqe le dit Conte nadpas dedit qil nestoit du prive Conseil du Roy et a luy jure quand il demanda primes du Roy la dit Exchange estre faite et ad conu qe devant les dites Exchanges perfourmes il fut fait Chanceller en qel Office il fust astrict per son serement faite en la forme avant dite So that it appears plainly from this Record That King Lords and Commons took it to be a Crime in the Lord Chancellor and against his Oath to take Lands in Gift or in Exchange from the King for upon the Chancellors Oath the Judgment was grounded it being in those Days thought and understood that he who was sworn to purchase the King's Profit should not inrich himself with the Revenues of the Crown and as the Record says that he chiefly ought not to do so who was le Principal Officer and who knew the State and Necessities both of King and Kingdom And it was a very odd Circumstance of those times that the Legislature should be necessitated to relieve the King against Frauds committed by the Principal Judge in Equity and by the Keeper of his Conscience Anno 11. Rich. II. The Legislative Authority was not satisfied with what had been done the Year before against this Chancellor but it was thought fit to proceed farther against Him and other bad Ministers who had attempted to overthrow the Constitution of this Kingdom The Duke of Glocester Uncle to the King and Constable of England the Earl of Darby the Earl of Arundel the Earl of Warwick and Thomas Earl Marshal accus'd Michael de la Pool and others of High Treason the Term then us'd was they Appeal'd 'em of Treason * Rot. Parl. 11 Rich. 2. p. 2. m. 7. Thomas Duc de Glocester Conestable d Engleterre Henry Conte de Derby Richard Conte de Arundel de Surry Thomas Conte de Warwick Thomas Conte Mareschal Appellons Alesandre Ercevesque Deverwik Robert de Verr Duc d Irland Michael de la Pool Conte de Suffolk Robert Treselian faux Justice Nicholas Brembre faux Chivalier de Londres de Hautes Trahisons par eux faits encâ—ntre nostre Seignour le Roy son Royalme Come Traitours Ennemies du Royalme Qeux Appel Trahison sont declarez Appointex Specesiez pleinement sy come est contenu en diverses Articles desous Escripts Et Priont qe les dits Appelles soient demandez et qe droit et Justice ent soit fait en cest present Parlement Then these Lords exhibited against Michael de la Pool and the rest 39 Articles of High Treason In the 5th 6th and 7th Articles they are accus'd for having procur'd to themselves and others and to their Kindred Grants of the Crown-Lands in England and Ireland besides Gifts of Mony to the Value of above One Hundred Thousand Marks by which the
given away as Forfeitures Escheats and Wards were restrain'd to the Crown and kept to the King himself And in other Countries as well as in England They who deceiv'd or robb'd the Prince were highly punish'd Among the Romans the Crimen peculatus was accounted Capital Crimen Peculatus hoc est Furtum Principis aut Reipublicae Quisquis igitur in administrandis aut dispensandis Principum bonis ita infideliter se gerit ut eas Pecunias furetur aut Clanculariis Technis eripiat aut ad proprium commodum ab utatur aut ad alios certe usus quam ad usum Principis is puniendus quadruplo exilio Imo juxta multorum sententiam puniendus est capitaliter L. unica C. de crimine peculat †Cap. de Pec. p. 444. Damhouderii Praxis Rer. Crim. Hujus Criminis Accusatio quinquennio durat ejus poena aquae ignis inter dictio in cujus locum hodie successit deportatio Wesenbecius ad Leg. Jul. de Peculat In France several Persons of the highest Rank have been Capitally punish'd for Frauds committed in the Princes Revenue of which we shall give several Instances But First we shall give a President of a Financier or Treasurer who was Honest of his own accord But Mezeray observes the Example will always remain singular Girard de Possi in the Reign * Mezeray vic de Phil Aug. of †Phillip Augustus had wrong'd his Master of Eleven thousand Marks of Silver which he refunded into the Exchequer Girard de Possi qui manioit les Finances y remit de son propre fonde onze Mille Mares d' Argent il est a croire qu'il les avoit gagne avec le Roy mais quoy qu'il en soit on peut dire que cet Exemple sera toujours unique qu'on ne verra jamais de Financier qui le veuille suivre Quelque chose qu'on fasse ces Gens la iront plustot au Gibet que de venir a Restitution Vie Philip le Bel. In the Reign of Phillip â—e Bell Engherand le Portier Seigneur de Marigni rais'd excessive Taxes upon the People filling his own Coffers at the same time Il y avoit quatre Cheffs d' Accusation contre luy Davoir altere les Monoys Charge le Peuple d' Imposts vole plusieurs grandes sommes degrade les Forests du Roy. There were four Heads of Accusation against him That he had alter'd the Coin loaded the People with Taxes Robb'd the King of a great Summ of Money and cut down the Timber of his Forrests He was try'd by the Peers and Barons of the Kingdom condemn'd and hang'd This Man was succeeded in his Employment by one Peter de Remy Sieur de Montigny who trod in the Steps of his Predecessor and was likewise sentenc'd to death in Parliament in the Vie de Phil. de Valois Reign of Phillip de Valois His Confiscation amounted to Twelve hundred thousand Livres a prodigious Sum for those Times Par Arrest du Parlement ou se trouverent 18 Chevaliers 25 Seigneurs Princes le Roy Mesme il fust condemne a traisner pendre comme Traistre au Gibet de Montsaucon qu'il avoit fait rebastir Sa Confiscation montoit a douze cents mille Livres sommes prodigieuse pour ce Temps la. Vie de Charles 6. In the Reign of Charles the 6th There was one John de Montaigu who was a kind of Surintendant des Finances or what we call Commissioner of the Treasury whom Mezeray describes to have been a little insolent Fellow who from a low Degree and without any great Merit of his own and only by the King's Favour was got into great Employments where giving Offence by his Pride and Arrogance the Great ones at last fell upon him and he was Accus'd Condemn'd and Hang'd But take the Author 's own Words and his Description of him C'estoit un homme de mediocre Naissance fils d'un Burgeois de Paris que la faveur du Roy sans beaucoup de merite de son costé avoit eslevé jusqu'à la charge de Grand Maistre de sa maison ses freres l'un à l'Archevesché de Sens l'autre à celuy de Paris Ses richesses immenses qui ne s'acquierent jamais sans crime aveuglerent ce petit Homme donnerent dans les yeux des Grands En sorte qu'il avoit marié son fils avec la fille du Connestable d'Albret ses filles à des plus grands Seigneurs du Royaume Quoy qu'il eust fort servy à la Negociation du Traitté de Chartres Neantmoins le Duc de Bourgogne le Roy de Navarre conspirerent sa perte parce qu'il avoit donne le conseil d'emmener le Roy a Tours Ils le firent accuser de plusieur crimes énormes prenant leur temps que le Roy que l'aymoit etoit dans sa folie Il fut arresté par Pierre des Essards Prevost de Paris examine par des Commissaires du Parlement tourmenté horriblement à la Question La donleur ne tira rien de sa bouche neantmoins il eut la teste trenchée aux Halles A la mort il confessa de son bon gré la depredation des Finances qni contient en soy tous les plus grands crimes Le tronc de son Corps fut pendu au Gibet sa teste plantée sur un pieu SECT V. That the Forfeited Estates in Ireland ought to be applyed Towards Payment of the Publick Debts LAST Year there was deliver'd in an Accompt of such Parliamentary Fonds as were deficient and for which no Provision was made March 4. 1698 9. The Heads of which are as follow  ll s. d. That in the Duty upon Low Wines there would at Lady-Day 1701. be a Deficiency of 20,000 0 0 The Deficiencies in several Fonds granted to pay off the Exchequer-Bills besides the Interest due and to be due upon them computed at 923,244 12 8½ Carry over 943,244 12 8½  ll s. d. Brought over 943,244 12 8½ The Deficiency in the 3 Shill Aid granted 1695 besides Interest computed at 416,000 0 0 In the Duties upon Parchment and Paper a Deficiency of 15,400 0 0 The Deficiency in the Leather Duty computed to the 20th of Apr. 1700 to be about 426,438 0 0 In the Duty upon Malt a Deficiency of about 625,000 0 0 In the Aid by a Quarterly Poll granted 1697 a Deficiency of 180,000 0 0 Deficiencies in the three Ninepences upon Beer and Ale 153,771 19 8 In all 2,759,854 12 4½ 'T is to be apprehended this Account is rather increased than diminish'd since last Year particularly the Interest due upon Exchequer-Bills and Malt-Tickets will amount to a very considerable Sum Besides which there are Arrears of several kinds not yet provided for which will be reckon'd a Debt upon the Nation And over and above all this a Provision is to be
in every Sessions a Claim has been put in by the Representatives of the People and as we have set forth Twelve several Bills have been presented and read all tending to appropriate these Forfeitures to the uses of the War So that the new Possessors of these Estates cannot pretend that any Silence has given a Sanction to what has been done or that a quiet and unquestiond enjoyment has so far confirm'd their Right as that thereby they may plead Praescription If any of these Lands have been sold or traffick'd about the Purchasers cannot plead Ignorance by the Steps made in Parliament they could not but know they bought a litigated Title the same may be said as to Marriage Settlements Jointures or any other civil contract that has Relation to the Grants lately made 4thly What Crown-Lands K. Charles gave away descended lineally to him from his Ancestors The Irish Forfeitures have been lately purchas'd with the Blood and Treasure of this Kingdom If any Man could think that a Resumption retrospecting so far as the beginning of King Charles Il's Reign would be for the Publick Good why has it been never set afoot or mention'd at any other time but when the Parliament had a desire by a Resumption in Ireland to ease the People in their Taxes All the Premisses consider'd perhaps it will appear to any unbiass'd Person who desires to help the Affairs of England by a Resumption That to follow the greatest Number of Presidents and according to the Rules of Prudence and Justice the Bill ought to look no farther backwards than this or the Reign immediately preceeding We hope to have made it evident in the Series of this Discourse That according to the Constitution of this Kingdom the late Grants may be resumed We have produc'd variety of Presidents to justify such a Proceeding 'T is hoped we have given them a full Answer who would engage the Kings Honour in Countenancing their Depredations upon the Publick Peradventure we have produc'd undeniable Proofs that the People of England have an Interest in these Lands and Perhaps we have silenc'd those who to clog a good thing would put us upon a wrong scent by proposing to look farther backwards than in Justice and Reason we ought to do And if we have made out all these Positions it will not be difficult for good Englishmen to think inferr and conclude That more especially the forfeited Estates in Ireland ought to be apply'd towards Payment of the Publick Debts The Writer of these Papers from the first time he bent his Studies to Matters of this Nature has all along endeavour'd to propose such Ways and Means of raising Mony as might give ease to the Landed Interest of which he hopes what he has formerly publish'd is a sufficient Evidence 'T is true the freedom and Sincerity with which he has handled these Points may have drawn upon him powerful enmities but if he has given any Hints by which England may save two Millions and remain this Yearwithout a Land Tax he shall think his Labour well employ'd and little value the displeasure of Particular and Interested Persons whose Resentments ought truly not to fall upon him but rather upon those whose general ill Conduct has made so rough a thing as a Resumption necessary However he who looks into any Male administration stirs up a Nest of Hornets If any one be touch'd who has been concern'd in Procuring Grants all that have participated in his Guilt will be alarm'd Tacit. Hist l. 4. and think themselves bound to act in his Defence for if one Criminal falls the rest are all in danger * Nam si Marcellus Eprius caderet Agmen Reorum Sterneretur There is an Anecdote or secret History belonging to these Grants well worth the Knowledge of good Patriots the Writer of these Papers is not quite without Materials for it Nor is he at all withheld by any of those private and mean Fears which commonly obstruct National Designs but the Truth is he has not this time had leisure to put so Dark and Intâ—icate a matter into any tolerable Method The Manner of procuring several of the Irish Forfeitures has been as criminal by its Circumstances as in itsself but of this at another Season To look into the Depredations lately committed is so copious a subject that he who bends his Thoughts this way is sure to have matter enough before him and if all things were well examin'd it would perhaps be found that the Resumption here propos'd is not the only way of raising Mony to ease the People in their Taxes There have been of late Years given in Parliament upwards of Fifty Millions This immense Summ as we all know has been transmitted into two Offices for the use of the War And by an Inquisition into those Offices peradventure something very considerable is to be recover'd The Author thinks he cannot employ his Hours of Leisure more to his Country's Service than in Inquiries of this Nature And next Year if he finds a Continuation of these Foul Practices which have been so destructive to England and so prejudicial to the King's Interest he purposes to open a new Scene That Zeal for the Publick which has now warm'd him shall not in the least cool and though he should be left to stand alone he will still combat on and neither ask nor give Quarter in the Conflict he intends to maintain with the Corruptions of the Age. FINIS Compare page 335 image 168 on the sudden he could not govern himself in the Change But Prosperity laid open the secret Faults of his Mind which were suppress'd and choaked before Thomas of Walsingham calls him Michael Atte Pole and says he was convicted in Parliament of notorious Frauds Walsing p. 324. Num. 10. Convicerant eum nempe de multis Fraudibus et quibusdam proditionibus in Regem quos nequaquam inficiari nequibat unde et cum responsis astaret et objecta negare nequibat Rex pro ipso verecundatus et rubore suffusus caput agitans heu heu inquit Michael vide quid fecisti But as soon as the Parliament was up the King took him into greater Favour than before But the Weight of a Parliament will at last bear down a bad Minister so that de la-Pool durst not stand the next Sessions but fled to France where he died in Exile But take from Walsingham the Character of this Chancellor with the Account of his Death Ibid. p. 339. Hac Aestata persidiae promptuarium Sentina Avaritiae Auriga Proditionis Archa Malitiae Odii Seminator Mendacii Fabricator susurro nequissimus dolo praestantissimus artificiosus detractor Patriae delator Michael Atte Pole quondam Comes Southfolchiae Regnique Cancellarius Compare page 297 image 149 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 Sale 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