Grants shall be brought to the Principal Secretary or to one of the King's Clerks of his Grace's Signet for the time being to be at the said Office of the Signet pass'd accordingly And be it also ordained and enacted That one of the Clerks of the said Signet to whom any of the said Writings signed with the King 's most gracious Hand or the Hand of any other aforesaid or any of them fortune to be deliver'd may and shall by Warrant of the same Bills and every of them within the space of eight days next after he shall have receiv'd the same unless he have Knowledge by the said Secretary or otherwise of the King's Pleasure to the contrary make or cause to be made in the King's Name Letters of Warrant subscrib'd with the Hand of the same Clerk and sealed with the King's Signet to the Lord Keeper of the King 's Privy Seal for further Process to be had in that behalf And that one of the King's Clerks of the said Privy Seal upon due Examination had by the said Lord Keeper of the said Privy Seal of the said Warrant to him addressed from the Office of the said Signet as afore may and shall within the space of eight days next after he shall have receiv'd the same unless the Lord Keeper of the Privy Seal do give them Commandment to the contrary make or cause to be made by Warrant of the foresaid Warrant to the said Lord Keeper of the Privy Seal Address from the Office of the Signet aforesaid other Letters of like Warranty subscribed with the Name of the same Clerk of the Privy Seal to the Lord Chancellor of England Lord Keeper of the Great Seal Chancellor of the Dutchy of Lancaster Chancellor of the King's Land of Ireland Treasurer and Chamberlains of the Exchequer and Chamberlains of any of his Counties Palatines or Principality of Wales or other Officer and to every of them for the writing and ensealing with such Seals as remain in their Custody of Letters Patent or Closed or other Process making due and requisite to be had or made upon any the said Grants according to the Tenor of the Warrant to them or any of them directed from the Officer of the Privy Seal as is afore specified These Cautions show how carefully our Constitution has provided that nothing shall be done which may turn in Despendium Regis aut Regni But here some flattering Lawyers will affirm That these Methods are Directive not Coerceive Or as Hobart says †Hobart's Reports Colt and Glover P. 146. That these kind of Statutes were made to put Things in ordinary Form and to ease the Sovereign of of Labour but not to deprive him of Power according to this Maxim of the same Judge That * Lord Sheffeild ver Ratcliffe p. 335. Dare Prerogativam est nobile Officium Judicis Debitum And truly heretofore Westminster-hall did so order it that these Fences intended to keep the Publick Revenues from the Hands of Spoilers were all broken down and that all these Statutes were evaded For the Force of all these wholsome Laws was enervated by Clauses afterwards incerted into the Letters Patents viz. Ex certa Scienta mero motu Gratia speciali Ex certa Scientia was very antiently made use of but the words became more necessary afterwards to defeat the 1st of Henry IV. where 't is enacted †Rot. Parl. 1 Hen. 4. Num. 98. That the true and express Value of the thing to be granted shall be incerted in the Letters Patents otherwise the Grant to be void So that these words suppose the King to have certain knowledge in every Circumstance of the thing he is to give away which happens very rarely to be the Case But notwithstanding these words if certain Proof can be made that the King was misinform'd by false Suggestion no Lawyer will say the Grant is good Ex mero motu imports the Honor and Bounty of the King who Rewards the Patentee for Merit without his Suit These words suppose the King to be truly appris'd of the Person 's Merit and were brought in to obviate the 4th of Henry IV. whereby it was enacted * Rot. Parl. 4 Hen. 4. That no Lands should be given but to such as deserv'd them and if any made Demands without Desert that he should be punish'd And to the same purpose were added the words Ex Gratia speciali yet more to denote that the Gift proceeded meerly from the King's Favour and not at the Party's Sollicitation But besides all this because anciently it seem'd a Fundamental that the Crown-Lands were not alienable and because all along Parliaments had complain'd of these Alienations as looking upon 'em to be illegal the Lawyers of old Times endeavour'd to secure and cover all by a Clause of Non Obstante to be incerted in the Patents These Clauses of Non Obstante were not known in our original Constitution Mathew Paris says they grew rife in the Reign of Henry III. Anno Dom. 1250. * Mat. Paris p. 810. Sprsimque jam tales Literae in quibus inserta est haec detestabilis adjectio Non Obstante Priore Mandato vel haec Non Obstante Antiqua Libertate Suscitabantur Then he goes on Quod cum comperisset quidam vir discretus tunc Justitiarius scilicet Rogerus de Thurkeby ab alto ducens suspiria de praedictae adjectionis appositione dixit Heu heu hos ut quid dies expectavimus Ecce jam civilis Curia exemplo ecclesiasticae Coinquinatur a Sulphureo fonte intoxicatur But this Clause grew more necessary after the 11th of Henry IV. when it was plainly and directly enacted * Rot Parl. 11 Hen. 4. Num. 23. That all manner of Heriditaments which from thenceforward should fall into the Crown should not be alienated but remain to the King And this last Law being positive unrepeal'd as we know of and still in force as much as Magna Charta and the Doctrin of Non Obstantes seeming to be condemn'd by The Ast declaring the Rights and Liberties of the Subject in these Words That the pretended Power of Suspending of Laws or the Execution of Laws by Regal Authority without Consent of Parliament is Illegal That the pretended Power of dispensing with Laws or the Execution of Laws by Regal Authority as it hath been assum'd and exercis'd of late is Illegal There will arise a Question how far the Grants made since the passing this Act 1 Gul. Mar. are valid by the Laws as they stand at present For we may argue thus It was enacted 11 Hen. IV. That the Crown-Lands should not be granted away However the Practice was otherwise and the Grants were supported by Clauses of Non Obstante But these Non Obstantes or the dispensing with Laws in force being declar'd Illegal it should follow that the Grants of Crown-Land made for these last ten Years are void in Law and revokable at the King's Will and Pleasure
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
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
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
But 't is left to the Gentlemen of the Long Robe to determin in this Point However tho' this Doctrin of Non Obstantes invented perhaps first to enlarge the Prerogative for the People's benefit and made use of afterwards to extend it to the King and People's Damage may have heretofore receiv'd Countenance in Westrninster-hall there is another Place where in no Age it has met with Favour And the Reasons why so many Resumptions have been made might be First That it gave Offence to the Legislative Authority to see the Ministers make use of this dispensing Power Secondly That it appear'd the Suggestions were wrong upon which the Grants were grounded That is that the Soveraign did not proceed Ex certa Scientia namely that he was surpris'd and misinform'd in the value of the Thing given That he did not proceed Ex mero motu but that the Gift was wrested from him by his importunate and undeserving Courtiers That he did not proceed Ex Speciali Gratia but was rather induc'd to bestow the Favour through the necessity of his Affairs to quiet some great Man or to please some powerful Party And in all probability upon such or the like Accompts Parliaments have look'd into Grants and the best Princes have not thought it dishonorable to join in Revoking what had been thus Extorted from them And as to the distinction which the Lawyers make between Directive and Coercive Admit the Forms by which the Law has directed all Grants shall pass should be only Directive to the Soveraign and devised for his greater Ease and Safety yet without doubt they are Coercive to his Ministers No Law-givers ever intended that a solemn Law made upon mature Deliberation and prescribing a Rule in high Affairs of State should have no effect at all But the 27 Hen. VIII which Chalks out to the Secretary Lord Privy Seal and Lord Chancellor the regular Steps they are to make in passing Grants would be of no sort of signification if they may pass per Saltum and by immediate Warrant without being enter'd in the several Offices When Parliaments advise the Prince 't is humbly submitted to his Wisdom whether or no he thinks fit to approve of their Councils But when by a written Law they give Advice and lay down Rules and Directions in Matters of State for the Ministers to walk by and observe without doubt they intend Advice so solemnly given should be follow'd Hitherto we have mention'd the Cautions Provisions Restrictions and Forms which our Ancestors establish'd and made use of to preserve the King's Revenue by which the Publick was to be supported But notwithstanding all this the Wickedness of Men was either too Cunning or too Powerful for the Wisdom of the Laws in being And from time to time Great Men Ministers Minions and Favourites have broken down the Fences contriv'd and settled in our Constitution they have made a Prey of the Common-wealth plum'd the Prince and converted to their own Use what was intended for the Service and Preservation of the State We shall therefore proceed to show That to obviate this Mischief the Legislative Authority has all along interpos'd with Inquiries Accusations and Impeachments till at last such dangerous Heads were reach'd For as Courts have been watchful to Rob the Prince so antiently the Barons and afterwards Parliaments from time to time have been as vigilant to prevent his Ruin showing in the progress of their Councils great Wisdom mixt with Duty and Temper join'd with Courage The first Great Person whom we find question'd since the Norman Government was Ranulphus Bishop of Durham who bore the Office of what we now call * Dugdale Series Chronica p. 1. Lord Treasurer of England in the time of William Rufus This Man had been the Principal Instrument of the Profusion and of what is its Consequence those Extortions that disgrac'd the Reign of Rufus Of whose times William of Malmsbury speaking says None were then Rich but such as dealt with the Exchequer * Will. Malms p. 123. Nullus Dives uisi Nummularius This wicked Minister was brought to Punishment by Henry I. who cast him into Prison and loaded him with Chains Matthew Paris says †Mat. Paris p. 56. De Communi Consilio Gentis Anglorum posuit eum Rex in vinculis Malmsbury gives him this Character * Wil. Malms p. 123. Radulphus Clericus ex infimo genere hominum Lingua Assiduitate provectus ad summum Expilator Divitum Exterminator Pauperum Confiscator alienarum Hereditatum Invictus Caussidicus cum verbis tum rebus immodicus nec aliorum curaret odium dummodo complaceret Dominum It seems he was a little insolent Fellow who by his fluent Tongue and cringing at Court had got Power enough to do much hurt in England A mischievous Tool against the Publick as well as an Oppressor of private Men Subtle to invent Wickedness and Bold to put it in Execution and one who would stick at nothing to raise himself Matthew Paris speaking of him says he was †Mat. Paris p. 56. Homo perversus ad omne Scelus paratus quem Rex constituerat Procuratorem suum in Regno ut evelleret destraeret raperet disperderet omnia omnium bona ad Fifci Commodum comportaret We have thus painted out this Statesman in the Colours as he is represented by those two Venerable Writers And he so much resembles several bad Ministers who in the Ages since have succeeded both to his Post and Power that one would think they had chosen to take him for their Pattern In the 5 of Edward II. Pieres de Gaveston was accused in Parliament for having given the King ill Council and for having cheated the King of his Treasure and sent it beyond Sea and for having Estranged the King's Heart from his People so as he slighted their Councils and for having remov'd all faithful Ministers and plac'd only his own Creatures or Foreigners about the King and for having caus'd the King to grant Lands Tenements and Offices to himself and his Heirs and to divers other People insomuch that by his Wealth he was become dangerous to the great damage and injury of the King and his Crown For which he was Banish'd the Realm so as if he return'd he should be treated as an Enemy to the King Kingdom and People But take the Words of the Record because 't is very curious Rot. Ord. 5. Edw. 2. Num. 20. Purceo qe conue chose est per le examinement de Prelatz Countes Barouns Chivalers autres bones Gentz du Roialme trovez qe Pieres de Gaveston ad Malmeuez mal Conseillez nostre Seignour le Roy lad enticee a malfaire en divers Manieres deceivances en accoillant a lui toute le Tresor le Roi lad esloigne hors du Roialme en attreant a lui royal Poer royal Dignite come en aliaunce faire de Gentz par sermentz
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
for ever It pass'd in the Negative by 39 Voices Resolved That a Committee be appointed to consider of the Articles against the Earl of Arlington and to report what Matter is therein contained and can be prov'd that is fit for an Impeachment Committed to Mr. Crouch c. Memorandum The Committee never made their Report for the 24th of March the Parliament was Prorogued to the 10th of November 1674 and so the Matter fell Journal of the House of Commons Lunae 26 die Apr. 1675. A Charge or Impeachment against Thomas Earl of Danby Lord High-Treasurer of England containing several Offences Crimes and Misdemeanors of a very high Nature being presented and opened to the House and afterwards brought in and delivered at the Clerk's Table and read Art 6. That the said Earl hath procured great Gifts and Grants from the Crown whilst under great Debts by Warrants counter-signed by himself The 2d Article of the Impeachment being read and the Matter thereof debated Resolved That before the House do proceed farther in the Debate of this Article they will hear the Witnesses The Witnesses were heard then the House Adjourn'd Lunae 3 die Maii 1675. The House then proceeded in the farther Consideration of the Articles against the Lord-Treasurer And 3d. 4th 5th 6th and 7th Articles being read and the Question being severally put Whether any fit Matter doth appear in the Examination of those Articles to impeach the Lord-Treasurer It pass'd in the Negative Journal of the House of Commons Sabbati 21 die Decemb. 1678. Articles of Impeachment of High Treason and other High Crimes Misdemeanors and Offences against Thomas Earl of Danby Lord High-Treasurer of England were delivered from the Committee Art 5. That he hath wasted the King's Treasure by issuing out of His Majesty's Exchequer and several Branches of his Revenue divers great Summs of Money for unnecessary Pensions and secret Services to the Value of 231602 l. within Two Years And thus he hath wholly diverted out of the known Method and Government of the Exchequer one whole Branch of His Majesty's Revenue to private Uses without any Account to be made thereof in the Exchequer contrary to the express Act of Parliament which granted the same And he hath removed two of His Majesty's Commissioners of that part of the Revenue for refusing to consent to such his unwarrantable Actings and to advance Money upon that part of the Revenue for private Uses Art 6. That he hath by indirect Means procur'd from His Majesty for himself divers Considerable Gifts and Grants of Inheritance of the Ancient Revenue of the Crown even contrary to Acts of Parliament Ordered That the Articlee of Impeachment against the Lord High-Treesurer be Engrossed and that Sir Henry Capel do carry them up to the Lords on Monday Morning next We have cited these two presidents relating to the Earl of Danby to shew when the old Whigs were in the supermest Perfection of their Virtue and Publick Zeal That they then thought it a High Crime and Misdemeanor For a Minister to Picture to himself Giants out of the King's Revenue By the Authorities and Presidents we have quoted it appears manifestly that our Ancestors have from the first Institution of this Government very highly resented such Proceedings But here it may be asked how a Statesman is to behave himself when the Prince is inclin'd to Liberality and overborn with Importunities to give away what should subsist Him and the State To which we answer That the Lord Chancellor's Oath plainly directs the Minister in his Duty Ye shall neither know nor suffer the King 's Hurt nor his Disheriting nor that the Rights of the Crown be distressed by any Means as far forth as ye may let it And if ye may not let it ye shall make Knowledge thereof clearly and expresly to the King with your True Advice and Council By which Words without doubt the Law must mean and the Chancellor's Oath is part of our Law and Constitution That this high Officer is to oppose with all his Power and Intrest what he sees tending to the King and Kingdom 's Prejudice and if he finds a great Number of Grants passing the Law intends by binding him with such an Oath That he should from time to time represent to the King his Debts the Taxes and Necessities of the Nation But suppose that notwithstanding this Representation the Prince will have the Grant to proceed how is the Minister to act in such a Case Without doubt he is then to consider this Maxim of our Law That the King can do no hurt and that the Minister only is accountable for any Male-Administration He is to contemplate what high Officers in the State have been impeached upon the like Account and without all Controversie he is rather to leave the Court and quit his Employment than to do a thing which cannot be justified by the Laws and Constitution of this Kingdom * Daniel P. 134. Simon Normannus Keeper of the Great Seal under Henry III. and Jeffery his Brother both Knights-Templars and Men in great Powrr suffer'd themselves to be turn'd out of their Employment rather than to pass a Grant from the King of Four Pence upon every Sack of Wool to Thomas Earl of Flanders the King's Uncle P. 519. †Matthew Parris speaking of these two Brothers being put from Court says Seminarium Causa praecipua fuit hujus Irae Regiae quod idem Simon noluit consignare quoddam detestabile Scriptum contra Coronam Domini Regis confectum Cujus Tenor talis fuit ut Comes Flandriae Thomas perciperet de quolibet sacco Lanae delatae ab Anglia per partes suas Telonium Scilicet de quolibet sacco quatuor denariorum Nec Galfridus Templarius huic enormi facto consensit licet Rex ad hoc avide nimis anhelaverit 'T is true Men are very unwilling to quit Great Employments attended with much Wealth and High Honours and the common Excuse of such as comply more than they ought is That others will be readily found to do the same thing So that they shall prejudice themselves without any Advantage to the Publick Nay they often pretend to remain at Court only to prevent greater and farther Mischiefs Suppose then this to be Case and that the Tide runs so strongly one way that no single Minister in his Station is able to stem it and that the Prince will divest himself of his Revenues notwithstanding he is otherwise advis'd what does the Constitution of this Kingdom require from a Lord Chancellor a Lord Treasurer Lord Privy-Seal and the Secretary of State when such Measures are taken What Proofs will clear them before the whole World that they are no ways consenting to such Proceedings and that things are carried by an irresistible Strength against that Council they would be thought to give Without doubt they stand justified before a Parliament and in the Opinions of the People if they give manifest Evidence that their