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
Alienations of the Crown-Revenue And a Resumption made The Records for this 117 Great Profusion and Misgovernment in the Reign of King Richard the Second The Rapine of the Ministers of those Times occasioned Acts of Resumption several Records produc'd to this Purpose from 119 to 127 In the Reign of Henry the Fourth the Commons pray that a Resumption may be made The Record 127 In the Fifth of this Reign the Commons pray that the King will take Care for the Repair of his Castles in particular Windsor Castle and of the Maintenance of his Parks And complain that the Lands assign'd for the Repair of Windsor Castle are granted away praying they may be resumed The King's Answer The Record for this 128 Lands and Mannors annexed to Windsor Castle 31 Henry 8th 131 The same Year of Henry 4th the Commons pray that Lands alienated from the Duchy of Cornwall may be resum'd The King's Answer The Record 132 In the 6th Year of the same Reign the Commons again pray for a Resumption The King's Answer The Record 133 What â—ort of a Resumption was then made and the Reasons for it The Record 140 In the Seventh and Eighth of this Reign the Commons pray that the Lands to be conquer'd in Wales may not be granted away the first Quarter of a Year The Record 143 In the same Year the Commons pray that certain Foreigners by Name may be banished which is granted and the King orders an Accompt to be deliver'd in Chancery of what Grants they had obtain'd The Record 144 In the 11th of this Reign the Commons pray that no Alienation of the Crown-Revenue may be made to which the King assents The Record 145 What sort of Resumption was made in the Reign of Henry the Fifth The Record 148 A Resumption made 28 Hen. 6. The Record 149 to 158 The Exceptions or Savings inserted by the King in this Resumption 159 to 178 Another Resumption the 29th of this Reign 181 Another Resumption the 33th of the same Reign 193 A Resumption the 1st of Edward 4th The Record 208 Another Resumption 3d and 4th of the same Reign 210 In the 7th Edward 4th The King invites his People from the Throne to make an Act of Resumption 214 A Resumption 7th Edward the 4th The Record 216 The King by the Mouth of the Chancellor thanks the House of Commons for this Resumption 221 222 In the 13th of the same Reign there pass'd another Act of Resumption 222 The Method which was taken in this Reign to pay the King's Debts See the Record 225 In the 1st of Henry 7th there was one General Act and afterwards other particular Acts of Resumption 232 What Sort of Resumption was made Ann. 6. Hen. 8 238 The Author has himself examin'd at the Tower the French Records cited in this Book 243 All the Resumptions recapitulated 244 245 Several Observations upon these Acts of Resumption 245 to 248 The Effects these Acts of Resumptions produced 249 In what Posture the Crown-Revenue stood 28 29 Hen. 6. ibid. How it stood in the Reign of Hen. 7. what Taxes he had and what an immense Sum he left behind him 249 250 The Acts of Resumption principally put the Crown-Revenue into the State Hen. 7. left it at his Death 250 The State of the Revenue Anno 12. Eliz. 252 The Reason why no Resumption could be proper during her Time ibid. Resumptions talk'd on in the Reign of King James the First ibid. What Steps were made towards a Resumption in the Beginning of King Charles the Second's Reign 253 254 State of the Revenue at King Charles's Restauration 255 Sir John Fortescue's Opinion concerning Resumptions out of a Manuscript in the Bodleian Library 257 to 262 When the Debtors or Accomptants to the King have been unreasonably discharg'd Privy-Seals have been revoked The Record 263 SECT IV. That several Ministers of State have been Impeach'd in Parliament for presuming to procure to themselves Grants of the Crown-Revenue WHat sort of Power our King 's anciently had to alienate the Crown-Revenue 274 The Opinion of some Authors upon this Subject 275 Observations upon the Scaccarium and Hanneperium ibid In Alienations the King trusted as Head of the Common-wealth 278 The Danger if Alienations might not be inquir'd into 279 'T is manifest the Legislature has a Power to inquire into Grants ibid. Resumptions an extraordinary Exercise of the Legislative Authority 280 What Provision the Wisdom of the Law has made that there may not be occasion for 'em ibid. If this does not do by calling corrupt Ministers to an Accompt 281 The Care Hen. 4. took in the Revenue and the good Laws thereunto relating ibid. The Effect it had 283 The Care our Ancestors had long before taken in this Matter 284 1st By regulating the Expences of the King's Court ibid. 2dly By desiring the King to employ wise and able Men 285 3dly By procuring the Banishment of Strangers who were become a Burthen upon the Court ibid. 4thly By appointing Commissioners to inspect the publick Accompts The Record 287 5thly By enquiring into the Management of particular Branches 290 The Provisions which our Constitution has establish'd that the King may not be deceiv'd 291 The Progress Grants ought to make 292 First in the Treasury The Treasurer of the Exchequer or Lord-Treasurer's Duty and Oath ibid. From thence the Grant goes to the Attorney-General His Duty 204 From thence to the Secretary of State His Duty 295 From the Signet it should go to the Lord Privy-Seal His Duty and Oath 296 From the Privy-Seal it goes to the Lord Chancellor His Duty and Oath 297 All this inforced by a positive Law 27 Hen. 8. 298 The Force of the Laws enervated by Clauses of Ex certa Scientia Graetia Speciali Mero Motu and by Clauses of Non Obstante 301 Matthew Paris his Opinion of these Clauses of Non Obstante 302 Of the Destinction the Lawyers make between Directive and Coercive 305 When Ministers have broke through the Laws in this Matter of Grants our Ancestors have proceeded by Impeachments 307 Ranulphus Bishop of Durham accus'd for Male-Administration His Character 308 Pieres Gaverton impeach'd for procuring Grants The Record 309 Henry de Beaumont accus'd expell'd the Council and banish'd by Parliament from the King's Presence upon the same Accompt 313 The Lady Vescie accus'd and banish'd the Court in the same Manner and upon the same Accompt 314 Procuring Grants one of the principal Heads of Accusation against Hugh Spencer Earl of Glocester 315 In the 4 Edw. 3. Articles were exhibited in Parliament against Roger Mortimer Earl of March for having procured to himself Grants of the Crown-Revenue The Record 316 In the 10 Rich. 2. Michael de la Pool was impeach'd for that being Chancellor and sworn to the Kiug's Profit he had procured to himself Grants of the Crown-Revenue The Judgment against him The Records 317 to 323 In the 11 Rich. 2. the said Michael de la Pool was
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
de lour partie disoient outre mesme les Communes a nostre dit Seignour le Roy qe cestes matiers ensi faits accomplez en cest Parlement il lour troveroit foialx naturelx liges devers luy de parfaire son plaisir voloir a lour poiar par le aide de Dieux 'T is probable this seasonable Care of the House of Commons rescued for that time the Lands belonging to Windsor Castle for from that time these Lands continu'd in the Demeans of the Crown till very lately And some Years after Viz. Anno 31. Hen. VIII there pass'd an Act of Parliament expresly to Annex several Mannors by name to the Castle and Honour of Windsor not to be alienated from it so carefull were our Ancestors that this Noble and antientt Seat of our Kings should have some Revenue to keep the House and Parks in good repair In the same Year of Hen. IV. the Commons rehearsing how King Edward III. in the Parliament Holden in the 11th of his Reign Created his Eldest Son Duke of Cornwal and the same Dukedom annex'd to the Crown with divers Hereditaments by his Letters Patents by Authority of the same never to be Dismembred or Sold away They therefore Pray the King to resume and seize and so to unite again to the said Dutchy such Lands as were Sold away by Prince Edward King Richard or by the King himself * Rot. Par. 5 Hen. IV. N â— 22. versus Finem Non obstants Encorporation oâ— Union de qel Duchee per une haute Aâ—thorite ensi perfaite puis encea est dâ—membrez siâ—bien per diverses Alienatâ—ons faitz per le avant dit Edw. nadgaires Prince come per le darreine Roy Richard qe fuist per vous Qe pleise a vous de vostre haute discretion ove le Avis de tous Seignours eâ—prituelx temporelx en cest presenâ— Parlement Assemblez considerantz lâ— Union dudit Duchee en la manere avantdite fait de requiler tout ceo â—â—dedit Duchee est demembrez per Aâ—thorite de Parlement de reseiser rejoindre a dit Duchee come il fust a devanâ— non obstant ascune Alienation Qele Petition lue entendue fuisâ— respondus en les parolles quensuent Resp Accordez est per le Roy les Seignours en Parlement qe le dit Mounseignour le Prince per lavys de son Counâ—eil eit briefs de Scir fac Ou autre recoverer le mieltz qil avoir purra par les Estatutes leys du Roialme solonc ceo qe le cas requiert c. Wherein shall be allow'd no Protection or Praying in Aid of the King unless it be for Sir John Cornwale and Eliz. his Wife late Wife of John Holland Earl of Huntington and for such Persons to whom the King is bound by Warrantie Sinon en cas qe le Roy soit expressement tenuza la Grantie c. Rot. Par. 6 Hen. IV. N â— 14. Anno 6. Hen. IV. The Commons Pray That the King would resume the Crown-Lands Pleise a tres Excellent tres redoute Seignour Nostre Seignour le Roy pur profit du Roy encresce de sa Corone supportation des pauvres Communes de vostre Royalme Dengleterre granter les Petitions qensuent Pur ceo qe la Corone del Roialme Dengleterre est grantement emblemissez anientissez per grandez outrageouses dons faits as diverses Persones si bien esprituelx comme temporelx des Terres Tenements Fee Fermes Franchises Libertees autre Possessions dycelles Soit ordeigne en cest present Parlement pur profit du Roy du Roialme supportation des Communes qe tous Chateaux Manoirs Seignouries Terres Tenements Fees Advoesons Fee Fermes Annuitees Franchises Libertees Custumes queux fuerent membre parcelle Dancienne Inheritance de la dite Corone le an du Regne le Roy Edward Aiel nostre Seignour le Roy qorest quarantisme puis en cea soint ils donez a terme de vie ou a terme de ans en Fee simple ou en Fee taile ou sur Condition ou as Seignours Esprituelx a eux a lour Successours forsprises Gardes Marriages Eschetes horspris ceo qest assigne a Reigne en Dower soint entierement resumes repris seises es maines notre Seignour le Roy rejointz al Corone avant dite a y celle perpetuelment demeurer sans ent per aucune voie ou ymagination estre severez dicelle en temps avenir forsqe ceux qont tieux dons ou Grants qe furent parcelle del dite Corone le dit an quarantisme ou depuis per Chartre especiale faite par Authority de Parlement Et qe nulles Persones du Roialme de qel estat ou Condition qils soient ne eient tenient ne enjoient parcelle del Corone avant dite de ancienne enheritance dicelle alienez grantez ou donez puis le dit an quarantisme sans Authoritee de Parlement sur peine de incurrer la Forfeiture dicelles Terres Tenements ensy parcelle del dit Corone Emprisonement per trois ans Et qe nul Officier de nostre Seignour le Roy face ne mette en execution aucune tiele donne ou Grant en Temps avenir sur peine de perdre son Office de forfaire qanqe il purra forfaire envers notre Seignour le Roy le Emprisonement de trois Ans Et qe toutes Maneres de Persones ou Officers Ministres du Roys qeux ont auscun don ou Grant des ascuns tieux Chastelx Seignouries Manoires Terres Tenements Fees Advoesons Fee Fermes Annuites Franchises Libertees Custumes suisditz qeux issint sont parcelle dancienne Inheritance de la dite Corone apres ceo qe les Paiements Affaires pur le Houstiel du Roy ses Chambres Garderobes soient pleinement paiez ou assignes la Reigne paiez de sa Dower duement endowez soient recompensez a la volontee du Roy de la surplusage residue des Ferms annuitez suisditz Purveux toutezfoitz qe toutes les Seignours esprituelx temporelx qi ont aucunes Libertees Franchises de don nostre Seignour le Roy qorest oâ— de ses Progenitours puis le dit an qarantisme paient Fee Ferm a la verray value pour ycelles ou ent rendent due accompte al Oeps notre Seignour le Roy chescun an a son Eschequer aussi tous les Citees Burghs deins le Royalme Dengleterre qont Franchises Libertees du Grant nostre Seignour le Roy ou de ses Progenitours Roys Dengleterre confirmez per nostre Seignour le Roy qorest pur Fee fermes annuellement a paie a nostre Seignour le Roy ou qont fait fyn pur y ceux Franchises avoir a nostre Seignour le Roy qorest ou a ses Progenitours ne soint oustez ne disheritez de lour Franchises
And also all Grauntes to be made of old Offices which were Offices the first day of youre Reigne to the which belongeth and needeth actuel Exercise and Fees and Wages the same first day to the same Offices perteynyng or belongyng except out of the seid Peynes And that no such persone to whome oney Lesse or Lesses Graunte or Grauntes shall be made after the seid Fest for terme of Yeris or atte Wille of oney Thyng parcelle of the Duchie of Lancastre Erldome of Chestre Principalete of Wales Caleys and Guysnes and the Marches therof or of oney thyng to theym or oney of theym belongyng or appërteynyng be not hurt nor endamaggd by the penalty of this seid Acte Then follow Two Savings one for the Prince of Wales and another for Richard Duke of York as to some Patents they had Resp As touchyng this Petition of Resumption the Kyng hath well conceived and understood the Maters Articles and Desyres conteyned in the same Petition wherfore the Kyng by thadvyse and assent of the Lords Spirituel and Temporell beyng in this present Parlement and by Auctorite of the same taketh and resumeth into his Hands all manner thyngs conteyned in the seid petition and the same agreeth and accepteth the Penalte in seid petition except and leid apart alweye his Prerogative reserved forseyn alweye that suche provisions and Exceptions as been by his Highnesse by thadvyse of the seid Lordes Spirituel and Temporel made and agreed or to be agreed and in this same Parliament put in Wrytyng upon the premisses be good and effectuel the seid Acte notwithstanding for the Egalte and Reason that the Kyng ought to do to his people the which shall be to the pleaser of Godde the Honour and the We le of his Lond and People Then follow a great Number of Savings and Provisions all of 'em much of the same Nature with those in the former Acts and none of 'em seem such as could any wise defeate the Designe of the Parliament which was that all immoderate Grants should be actually resumed But some may object that Henry the Sixth under whose Reign these Three Resumptions were made was a weak Prince unfortunate Abroad engag'd in Factions at Home and kept under by the Power of the House of York whereunto we answer That it was the Interest of Great Men rather to oppose such an Act for they were most like to suffer by it therefore it s Passing was not the Effect of Faction but indeed it was carry'd on by the Weight of the People But these Objections will be more fully answer'd when we show that the same Thing was done by a Prince who had master'd all Parties and under an Active and Martial Reign which was that of Edw. IV. his Successor where the Presidents for a Resumption are four times confirmed As soon as Edward the Fourth came to the Crown one of the first Things desired by his Subjects was an Act of Resumption Rot. Parl. 1 Edw. 4. N o 11. And over that that our seid Sovereign Leige Lord King Edward IV. the Fourth Day of Marche was lawfully seised and possessed of the seid Corone of Englond in his Right and Title and from thenceforth have to hym and hys Heires Kynges of Englond all such Mannours Castels Lordshippes Honours Londs Tenements Rentes Services Fees Feefermes Rentes Knyghts Fees Advowsons Gyftes of Offices to geve at his pleasure Fairs Markets Issues Fines and Amerciaments Libertees Franchises Prerogatives Escheates Custumes Reversions Remainders and all other Hereditaments with theyr Appurtenances whatsoever be they in Englond Wales and Irelond and in Cales and the Marches thereof as Kyng Richard the 2 d. had on the Fest of Seint Matthew the Apostle the 23th Yere of his Reigne in the Right and Title of the seid Corone of Englond and Lordshippe of Irelond Resp The Kynge by thadvyse and Assent of the Lords Spirituel and Temporel in this present Parlement assembled at the Request of the Comyns beyng in the same agreeth and assenteth to this Petition and it accepteth with certain Moderations Provisions and Exceptions by his Highnesse thereupon made and in certain Cedules written and in the same Parlement delivered the tenor of which follows Then follow the Exceptions or Savings to particular Interests which are in Number 85. But this Resumption looking so far backwards as the Reigns of Henry the Sixth Henry the Fifth and Henry the Fourth was too large to have any good Effect And as to its having been impracticable and not well concerted we have this Argument that a new Act better digested and which did not retrospect so far was thought necessary Anno 3. 4. of the same Reign Anno 3 4. Edw. 4 ti There pass'd another Act of Resumption 3 4 Ed. 4 Rot. Parl. N o 39. At which day and place for divers Causes and Considerations conteynyng the Honour and Prosperite of the Kyng our Soverayne Lord and also the Commonwele defence and welfare of this Reame and of his Subgetes of the same hit is ordeyned and enacted and stablished by thadvyse and assent of the Lords Spirituels and Temporels and of the Comyns in this present Parlement assembled and by Auctorite of the same That the Kyng froâ— the Fest of the Purification of oure Lady the Yere of our Lord 1464 have take seize hold and joye all the Honours Castells Lordshipps Towns Townshipps Manours Londes Tenementes Wastes Forestes Chases Rentes Annuities Reversions Fermes Services Issues Profites and Commodites of Shires which he had the 4th day Marche or eny tyme after afore the seid Fest by reason of his Duchie of Laâ—castre or by the Forfeitur of Henry the 6 th late in dede and not in right Kyng of Englond in Englond Irelond Wales and Marches thereof Guysnes and Caleys and Marches thereof and pass'd from hym the seid 4th day of Marche or eny tyme after and afore the seid Fest by his Letters Patentes to eny Persone or persones in Fees Fee-simple Fee-taille terme of Lyfe or terme of Yeres And that the Kyng have and Injoy every of the Premisses in like Estate and Condition as he had theym the seid 4th day of Marche or after And also that all Yefts Grauntes and Relesses made by the Kyng the seid 4th day of Marche or eny tyme after afore the seid Fest to eny Persone or Persones of eny of the Premisses in Fee-simple Fee-taille terme of Lyfe or terme of Yeres under eny of his Seales be from the seid Fest of Purification void and of noo force nor effecte Ibid. N. 40 And also that all Yeftes Grauntes Ratifications Relesses and Confirmations made by the Kyng the seid 4th day of March or eny tyme after and afore the seid Fest to eny Persone or Persones of any Possessions Right Title or Interesse of his Duchie of Yorke or Erldome of Marche or eny part of them or of eny Pension Rent Annuite to be had taken perceyved or levyed of or in the same Duchie and Erldome or
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
far from thinking his Prerogative injur'd by Acts of Grace and Favour by which good Government might be promoted that he himself desir'd of the House of Commons that his whole Privy Council might be named and Established Rot. Parl. 7 8. Hen. 4. Num 31. in Parliament Et rehercea outre coment l'Erceveqe de Canterbirs lour avoit fait report qe le Roy vorroit estre conseilez per les pluis sages Seignours du Royalme lesqeux deussent avoir survieu de tout ceo qe seroit fait pur la bone Gouvernance de son Royalme A qel cbose faire le Roy sagrea rehercea per son bouche propre qil fuist savolonte entier Et sur ceo fust lue une Bille fait per le Roy mesme de sa volonte propre de les noms des Seignours qi seront de son Conseil Afterwards the Privy Counsellors are actually nam'd in the Bill and the Lord Chancellor Lord Treasurer Privy Seal and other great Officers are therein directed to act nothing of Importance without the concurrent Advice of the rest of the Council Et qe Billes a endorser per le Chambrelayn Lettres dessous le Signet de nostre dit Seignour le Roy a Adressers autres Mandements a doner as Chanceller Tresorer Gardien du Privee Seale autres Officiers qeconqes desore en avant en tielx Causes come desuis seront endorsez ou faitz per advys du Conseil Et qe les dits Chanceller Tresorer Gardien du Privee Seale autres Officiers ne facent en tielx Causes si non per advys du dit Consil The King goes on farther and desires his own Authority may be circumscribed in several Points and yet when he made those Concessions he was neither in his Nonage nor did he doat nor was he press'd by any Insurrection of the People and 't is notorious he neither wanted Policy nor Courage But 't is rather probable that he thought it Honest and Wise and no diminution to his Honour to oblige that People with wholsome Laws and good Government who had given him the Crown and who had been at such Expences to support his Title Magnanimous Kings have not only been Favourers of Publick Liberty but they have likewise been frugal of the Peoples Money as appears in the Instances of Henry the 1st Henry the 2d Edward the 1st Henry the 4th Henry the 5th Henry the 7th and Q. Elizabeth which shows how wrong their Notion is who think Wise and Thrifty Princes dangerous to the Freedom of a Country whereas profuse Kings such as John Henry the 3d Edward and Richard the 2d did not ouly waste the Nations Treasure but every one of 'em compell'd the People to fight Pitch'd Battles in defence of their Civil Rights Gallant Princes desire to make the People easie Henry the 4th of France our present King 's great Grand-Father said once he hop'd to order Matters so that every Man in his Kingdom should have a boil'd Capon to his Dinner None of the Apothegms utter'd by great Men and so much commended by the Antients could become the Mouth of a King so well as this Noble and Well-natur'd Saying 'T is probable had he liv'd he would have brought it about which if he could have done 't would have been a nobler Trophey to his Fame than all the Victories he had obtain'd The Honour of a King consists chiefly in doing good to the Universal Body of his People and the Publick Welfare is to weigh with him above all other Respects He is often to divest himself of the narrow Thoughts which sway among private Men and he can hardly be a good Ruler unless he does now and then in his Politick what he would not do in his Natural Capacity He is a Person intrusted by the Common-Wealth and what he acts in discharge of that Trust cannot be call'd dishonourable The Commons in the Resumption made 1 Hen. 7. tell the King in their Bill It is for his own Suerty Honor and Weal and for the Vniversal Weal Ease Rest and Suerty of his Land the which he ought to prefer before the Favour of any Person or any Place or other thing Earthly The same Words made a part of the Preamble in most-of the other Bills of the like Nature by which it appears to have been the continu'd Sense of our Ancestors that the Reputation of a Prince was never injur'd by Acts wherein the Ease and Relief of his People was consulted 'T is true such a Minister as the Chancellor de la Pool had other Sentiments and gave Advice of another kind being willing to countenance his own Depredations by the Example of others Such as he may engage the King's Honour in the Protection of their Crimes so to shelter themselves under his Wings and pretend things lessen his Fame which will only lessen their Estates But good Ministers have always thought that nothing could more hurt the Reputation of a Prince than to be reduc'd by Profusion to Courses by which his Country must be opprest with Taxes 'T was a common practice with the Duke of Sully to obstruct and often to vacate his Masters Gifts and Grants yet this great Man was sufficiently jealous of his Princes Fame In Spain Henry the Amirante Pacieco d' Ascolone and Henry de la Fortuna three Grandees had obtain'd of Ferdinand each of em a Million of Livres of Gold charg'd on the Revenue of Peru and should have receiv'd it at the Return of the Plate-Fleet but Cardinal Ximenes utterly * Bandier le Ministere du Card. Ximenes annulled these immoderate Gifts tho' de la Fortuna was the King's own Kinsman saying The Revenue of Princes tho' great in it self is always too little for the Necessities of the State And notwithstanding the Spanish Punto of Honor we do not find this Proceeding resented by King Ferdinand Before his Greatness was so establish'd seeing a very disadvantagious Farm of the Silks of Granada let for Ten Years by the Advice of Don Manuel the Treasurer to which the King had consented and which was offer'd at Council to be seal'd he took the Charter and tore it pnblickly of which the Pieces are kept among the Records of Arcala as a Memorial of this Ministers Courage and Integrity saying Salto Don Manuel were you not my very good Friend the King should cause your Head to be taken off Dare you make Grants so prejudicial to the State Nor did Phillip the 1st take it ill that his own and his Favourites Doings were thus revoked We agree that Princes in all their Actions are to consider Fame because Opinion is one of the main Pillars to support their Authority But let any reasonable Man answer Is it not more glorious for a Prince to let the whole People under his Reign enjoy Ease and Plenty without new Impositions and Duties than to enrich a few Minions and Favourites with the Spoils of a whole
way to Inquiries of this nature and not thought it inconsistent with their Royal Dignity and Honor to resume even their own Grants when they have been represented by the whole Body of their People as hurtful to the Common-wealth In Democratical Governments War did commonly unite the minds of men when they had Enemies abroad they did not contend with one another at home which produc'd one good effect that then the Administration of Affairs was left to the best and ablest Hands They chose for their mutual Strivings for setting afoot Factions and dangerous Brigues times of the profoundest Peace and at such seasons men grown Popular by wicked Arts ambitious Pretenders light Orators and the worst sort of Citizens had the most sway and Authority among the People which occasion'd Phocion to utter these memorable words to one of this stamp I am at present against War tho it puts the Power into my Hands and tho such turbulent and naughty Spirits as you are govern all things in times of Peace But notwithstanding it has thus happen'd in some Commonwealths it has prov'd otherwise in mix'd Governments where the several parts of the Constitution have their distinct Powers Rights and Priviledges And particularly in this Kingdom it has been seen that mens minds have been most disunited when there was the greatest need of Concord Among us heretofore foreign Wars instead of allaying Factions for the present have set 'em in a higher Flame and contrary to antient Prudence when we wanted the best the worst men have got to be at the Head of business All which did chiefly proceed from the Necessities to which our Princes were reduc'd by their Expeditions abroad For War occasions Taxes Taxes bring Want Want produces Discontent and the Discontents of the People were ever the best Materials for designing and ambitious men to work upon when the People is griev'd and sullen Parties are easily form'd when Parties are form'd at first they let themselves be advised and ruled by such as have true Publick Zeal and Virtue but of those they grow quickly weary and then they fall into the hands of such as only make a false Profession of it and in a little time they are entirely directed by Persons whose sole drift is to build their own Fortunes upon the Ruins of their Country in the mean while the strength and number of their Party makes these leading men powerful and gives 'em such weight that they must be courted preferr'd and bought often they must have one half to procure the other and so considerable do they grow that if they are suffer'd they presently invade all Offices and Employments in which when they are securely planted they likewise give to one another all the Lands and Revenues of the State And our Histories shew that in former times Princes reduc'd to streights by War have been forc'd to wink at this and to permit these busie men then thought necessary to do all engross all Rob the Publick share the Crown Lands and in short to commit what other waste they please Thus as in Commonwealths the worst men are most powerful in times of Peace under Regal Governments they are strongest and ablest to do hurt in times of War But whereas in Common-wealths Peace has brought sundry Mischiefs in the Government by Kings it often produces good order and better Administration for several of our Princes whose Necessities compell'd 'em to endure the Rapine of their Ministers in time of War have in times of Peace divested those Publick Robbers of their unlawful and outragious Plunder We have now upon the Throne a King willing and able to correct the Abuses of the Age Willing from the wisdom of his Mind and the goodness of his Temper Able from that Power and Strong Interest which his Courage and his other numberless Virtues have procur'd Him in the Hearts and Affections of his People Men readily obey and follow him whom they reverence for which reason some Philosophers have placed the Original of Power in Admiration either of surpassing Form great Valour or Superior Understanding Heroick Kings whose high Perfections have made 'em awful to their Subjects can struggle with and subdue the Corruption of the times A Hercules can cleause the Augean Stable of the â—ilth which had not been swept away in thirty years Princes whom their Effeminacy Weakness or Levity have rendred contemptible may fear Idols of their own making and stand in awe of Men become terrible only by greatness derived from them They may be affraid to pull down Ministers and favorites grown formidable by the united Councils of their Faction by the Number of their Followers and strength of their Adherents and so let male-administration proceed on as thinking it too big to be amended but magnanimous Kings who have the People of their side need entertain no such Thoughts and Apprehensions they know that these Top-heavy buildings rear'd up to an invidious height and which have no solid Foundation in Merit are in a Moment blown down by the breath of Kings Good Persons indeed grown great and popular from the â—ame of their real Worth and Virtues may perhaps be dreadful to bad Rulers but bad Men let 'em have never so much seeming Greatness and Power are very rarely dangerous to good Princes The Cabals of a Party the Intreagueâ— of a Court nor the Difficulties some may pretend to bring upon his affairs never terrify a Wise and Stout King bent to reform the State who has the love of hiâ— People and whose Interest is one anâ— the same with Theirs We have neveâ— yet heard of a Tumult raised to rescue â— Minister whom his Master desired to bring to a fair Accompt On the contrary to see upstarts and worthless Men inrichâ— with Spoils of a Country has been thâ— Occasion of many popular Seditions which wise Kings have appeased by a just and timely Sacrifice None are so able to mend what is amiss in State as Kings who enjoy their Crown from the Subjects Gift May be it has been sometimes thought harsh in those who were born in Purple to look into abuses with a Stricter Eye than their Predecessors But Elected Kings are presum'd to come in upon the Foot of Reformation and so are justifyed by the Voices of all Mankind in pursuing the Ends for which they were called by the People If therefore such Kings are severe in looking into their Accompts If they are frugal of the Publick Money If they examin into the Corruption of their Officers If they enquire into the sudden and exorbitant Wealth of those who have had the handling of their Treasure If they rigorously punish such as in breach of their Trust and contrary to their Oaths have converted to their own use what belongs to the State If they abandon and resign into the hands of Justice such as have robb'd them and the Publick If they resume what has been obtain'd fraudulently by surprize and upon wrong suggestions and If they take back
tell the exact summ which he drew from thence Freculph Lexoviens says thus * Tom. 1 Chron. l. 7. c. 8. Caesar Romam venit negatamque sibi ex aerario Pecuniam fractis foribus invasit protulitque ex eo Auri pondo quatuor millia centum triginta sex Argenti pondo nongenta Millia The ordinary Revenue of the Empire arising from the Colonies and Provinces was likewise without doubt very much impair'd by the Civil Wars between Caesar and Pompey and between Caesar and Pompey's Sons as also by the Civil Wars which Augustus maintain'd with Brutus and Cassius And certainly the Provinces were enough harrass'd when they were divided between Augustus and Marc Anthony whose Luxury alone was sufficient to impoverish many rich Nations and the Ruin of these miserable People was yet more increas'd when Augustus and Antony in a long Civil War contended for the Dominion of the whole but when he began to Reign alone which he did 44 Years and as soon as he entertain'd Thoughts of transmitting the Empire to his Family he set himself to put the Revenue in order and to inrich the Publick as other Great 〈◊〉 had done before him But beariâ—◠〈◊〉 he did a great Mind his principal 〈◊〉 was to embellish the City with magnificent Buildings * Vrbem neque pro Mâ—jâ—state 〈…〉 D. Oct. Aug. Imperii Ornatam inundation â—hus incendiisque obn câ—â—iam excoluit adâ—o â—t jure sit gloriatus marmoream se relinquere quam lateritiam accepisset However he did not neglect to gather Treasure of which the Money Tiberius left behind him is a manifest Proof for Tiberius himself among his other Vices was not Covetous Satis firmus ut soepe memoravi adversum Pecuniam 'T is true a great Estate did now and then tempt him to Cruelty but this happen'd rarely and yet at his Death there was treasur'd up a prodigious Summ * Tacit. l. 3. An. Vicies ac Septies Millies HS. which reduc'd to our Money makes 21,093,750 l. A wealth even in this Age perhaps not to be equall'd by any of the Eastern Kings all which his Successor Caligula squander'd away in less than a Year †Suet. Calig non toto vertente anno absumpsit Tiberius was a wary man and no waster but it seems very probable that this immense summ was chiefly gather'd together under the long and peaceful Reign of Augustus who had one Quality that never fails to make a Prince rich which was that he look'd after the Publick Accompts for of the three Books he left deposited in the Hands of the Vestal Virgins one was * Suet. D. Oct. Aug. Breviarium totius Imperâ—i quantum militum sub signis ubique essec quantum Pecuniae in Aerario fiscis vectigaliorum residuis Adjecit Liberâ—orum Servorumque nomina a quibus racio exigi posset From which Place of Sâ—eâ—onius two things are observable 1st That this wise Prince in the Rules he leâ—t behind him for future Government these Books being of that Nature 〈◊〉 that there might be a difference made between the Aerarium and the Fiscus reckoning one the Revenue of the Commonwealth and the other his own private Patrimony out of which he gave those Legacies that he bequeath'd to Tiberius Livia Drusus Germanicus and to the People of Rome 2dly That he left a kind of an Intimation that he would have his Successor call such of his Servants and Ministers to Accompt as had any ways defrauded the Publick That he made the foremeâ—tion'd Distinction is plain from this thaâ— tho he left the Commonwealth in so flourishing a Condition yet in his Will he excus'd the smallness of his Legacies from the Streightness of his Private Fortune * †Ibid. Excusata rei familiaris mediocritâ—te alledging there would come very little to his Heirs tho he had in twenty years inherited from his Friends quaterdecies Millies that is 31,250,000 l. and tho he had succeeded to two Paternal Patrimonies all which he had expended in the nccessary Services of the State The Distinction between the Prince's and the Publick Revenue continued under all the good Reigns and the better the Prince was the more carefully he minded that Poverty should not grow upon the Publick as the only means a good Ruler has to avoid burthening the People with Taxes This Distinction appears from many Passages in the Roman History we shall take notice only of some Spartianus speaking of the Emperor Adrian says †Spartian in Adriano Damnatorum bona in Fiscum Privatum redigi vetuit omni summa in Aerario Publico recepta Pliny in his Panegyrick upon Trajan says At fortasse non eadem Severitate Fiscum qua Aerarium Cohibes Imo tanto majore quanto plus tibi licere de tuo quam de pub lico credis Tacitus says * Tacit. l. 6. An. Et bona Sejani ablata Aerario ut in Fiscum cogerentur tum retulere Scipiones Haec Silani Cassii iisdem ferme aut Paulum immutatis verbis adseveratione multa censebant And in another place * Lib. ib. Post quos Sex Marius Hispaniarum ditissimus defertur incestasse Filiam Saxo Tarpeio dijicitur ac ne dubium haberetur Magnitudinem pecuniae malo vertisse aurariasque ejus quanquam publicarentur sibimet Tiberius seposuit Nero among other things promis'd the Senate †Tacit. An. 13. Nihil in Penatibus suis venale discretam domum Rempublicam Teneret antiqua Munia Senatus That nothing should be Venal in his Pallace That his own and the Revenue of the Commonwealth should not be confounded together and that the Senate should injoy its antient Priviledges This Speech he made at the beginning of his Reign when he was guided by the Counsels of Seneca who as Tacitus takes notice penn'd the Oration And no doubt there could not have been laid down to a young Prince a better Platform for his future Government And there is Reason to think that the Philosopher who had well enough Sounded the Inclinations of his Pupil had then a mind to suggest to him that his Paternal Fortune with the Infinite Wealth which was to descend to him from his 〈◊〉 Agrippina would be sufficient to â—â—pply those Pleasures to which he saw his Youth addicted and that it would be for the safety of his Empire to set aside the Publick Revenue for the Uses of the Publick While he kept to these Rules his Reign tho not quite Innocent however was not so Monstrous but when his Flatterers had made him believe that the whole world was Caesar's Patrimony then he ran headlong into all sorts of Cruelty and Riot For he thought all things were permitted to him who was Lord of all and that no Prodigality of his could exhaust such a Revenue as the Dominion over the whole Earth must yield These Imaginations made him enter into Prodigious Expences in Banquets Buildings and upon his Minions So that he wasted
Heruli who was Proclaim'd King of Italy And thus an End was put to the Roman Dominion after it had continu'd under Kings in a Common-Wealth and under Emperors about 1228 Years reckoning from the first Foundation of the City And now to recapitulate the Reasons of this Great Peoples Ruin First their Luxuries extinguish'd antient Honour and in its room introduc'd irregular Ambition Ambition brought on Civil Wars Civil War made Single Persons too considerable to remain afterwards in a private Condition so that the Foundation of their Destruction was laid in the Century wherein Caesar invaded their Liberties However they might have continued a Powerful and Flourishing Nation for many Ages if the succeeding Princes had imitated either Caesar or Augustus But many of those that follow'd assum'd to themselves unlimited Athority and when bad Emperors came they pulled down what had been building up by the Wisdom of all their Predecessors They seiz'd upon that Treasure which the Frugality of preceeding Times had set aside for urgent Occasions They accounted the Publick Revenues to be their own particular Property and to be dispos'd of at their Pleasure such as were Lavish squandred away among their Minions and Favourites that which was to maintain the Dignity of the State When their Profusion had reduc'd them to Necessities they fell to laying exorbitant Taxes and to Pillage the Remote Provinces when those Provinces were harrass'd and exhausted by continual Payments they became weak and unable to resist Foreign Invasions In those naked and defenceless Provinces the Barbarians nested themselves and when they were grown Strong and Powerful from thence they made Irruptions into Italy till at last they came to Invade and Conquer Rome it self the very Head and Seat of the Empire From this brief Account of the Roman Affairs perhaps it will appear That to let Ministers Wast the Publick Revenues or to suffer any Negligence and Profusion of the like Nature is of dangerous Consequence both to the Prince and People SECT III. Of Resumptions Grotius Prolegom in Hist Goth. Vand. c. THE Southwestern Parts of the Roman Empire were invaded and possess'd by that Torrent of People which antiently issu'd out of Scanzia a very large Tract of Land bounded on the North and East by the Sea and on the West and South by the Botnick Bay and Baltick Sea as likewise by Rivers which empty themselves into the Botnick Bay and the Russian or White Sea These Nations when they first left their Native Soil for a great while had no certain Seats but travers'd from one Region to another till at last they came to fix themselves in those Provinces they had intirely Conquer'd Of these the Visigoths and Ostrogoths were the most considerable The Ostrogoths to whom all Pannonia had been assign'd by the Romans extended their Territory far and wide till they seiz'd Italy it self under Theodorick The Visigoths seiz'd on Part of Gaul Planting themselves in Aquitaine and having cantoniz'd in other parts of the Country there they continu'd for some time They likewise form'd a Dominion in Spain which lasted above Three hundred Years reckoning from Athlaufus the Son of Alarick who by consent of the Roman Emperor Honorius was settled in the Borders between Gaul and Spain to Roderick who was totally subdued by Tariff the General of Vlit Miramamoliâ— the Moor. Part of these Visigoths fix'd themselves likewise in this Kingdom of Britain for from the Antient Scanzian were deriv'd the * Vid. Sheringham Discept de Orig. Gentis Angl. Jutes Gutes or Getes who nested in part of Germany and were afterwards call'd Saxons and who from Germany came and took Possession of this Island Of the same Scanzian or Gothick Race were likewise the Danes who about Two hundred Years before the Norman Conquest invaded England planting Colonieâ— and gaining such Footing here from time to time that at last they wholly Master 's both the Saxons and the Natives From this Soil likewise barren oâ— Provisions but fertile in producing Men did spring the Normans who under the Conduct of Roul left their own Soil first touching upon our Coast and finding no Reception here they were content upon Terms to depart and carry the Terror of their Arms elsewhere which they did into France where by their Valour they obtain'd that Tract of Land which from them was call'd Normandy from whence in One hundred and Twenty Years they came and in one Battle Conquer'd England Thus by these Swarms from the North of Men seeking new Seats the best part of Europe came into the Possession of a rough Warlike People whom the Luxuries of Asia Greece and Rome had neither corrupted nor refin'd And these new Inhabitants chang'd every thing introducing in all Places new Customs other Manners Languages different ways of making War new Laws and new Forms of Government And these several Branches springing from the same Stemm it must follow that the Fruit they bore would be near of a Tast by which we mean that in their Manners Laws and principally in their Politick Government they must of consequence as indeed they did very much resemble one another And whoever looks into the Antient Constitutions of England France Spain Denmark and Sweeden will find that all these Nations had one and the same Form of Government and tho' they might vary in some Circumstances yet they all agreed in certain Fundamentals which were That the People should have their Rights and Priviledges That the Nobles or Men of chief Rank should have some Participation of Power and That the Regal Authority should be limited by Laws 'T is true the German Emperors have some shadow of and pretend Succession to the Roman Empire but whoever contemplates their Laws Constitution and Form of Government will find all strongly impregnated with the Gothick Tincture However he who considers the Migrations of these Men will perceive that the Governments which they establish'd were the necessary and unavoidable Consequence of their Expeditions and that People seeking new Seats could not properly put themselves under any other Form For so vast a Design as that of leaving one's own and invading a remote Country must fall into some Bold and Great Mind that could first conceive and then be able to go through with such an Undertaking and he who was thus qualified with Courage and Conduct easily obtain'd Supream Authority over all the rest from whence came That these People chose to be govern'd by Kings But the first Expence of this Expedition being very great and he who projected it not being able to bear it all himself he Associated to him certain of his Principal Countrymen who had likewise Followers and Dependants of their own These in Consideration of what they contributed towards the Common Design were not only to share in the Conquer'd Lands but in these Lands to enjoy certain Powers and Priviledges and to have Names of Honour by which they were to be distinguish'd and set above the rest From whence came
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
out of several Mannors Insomuch that * Fol. 523 Ordericus Vitalis says William the Ist had coming in L 1061-10-1 â— per diem of Sterling Money which the Value of Money in those Days consider'd was a prodigious Income †Jervais of Tilbury says indeed That at * Jerv Tilb. Dial. de Scacc. that time all the King's Tenants paid their Rents in Kind But this will appear manifestly otherwise to any one that looks into Dooms-Day-Book And tho' Ordericus may have given us an Account somewhat too large yet considering the Number and Value of his Mannors and the Number of Knights Fees which were Sixty thousand out of which Escuage might be Levy'd in times of Action he had without doubt a very great Revenue either for Peace or War * Cotton Post pa. 179. Sir Robert Cotton says The Article of Terra Regis in Dooms-Day-Book consisted in such Lands as K. William found Edward the Confessor had been in Possession of and that to Alienate this Revenue from the Crown was held Impious by our Fore-Fathers Most certainly in this Universal Survey there was inserted whatever the Kings had claim'd to the time of Edward But there was good Reason to think that he added to the Terra Regis such Lands as he pretended were Forfeited by those who had ingag'd in the Battel of Hastings and the Estates of the Barons and other great Men who afterwards from time to time Revolted from him Part of which Lands he annexed to the Crown distributing the rest with a reservation of certain Quit-Rents among his Norman Followers By this Accompt it appears That this Founder of our present Government left to succeeding Kings a fair Inheritance sufficient to maintain their Estate and Dignity at Home and capable to Defend the Realm against Invasions from Abroad But this Model of a Politick Constitution easie both to King and People was somewhat shaken even by his next Successor William Rufus who not only wasted the vast Treasure left by his Father but also run into such Profuseness as forc'd him to Harrass the whole Kingdom He alienated the Crown-Lands And * Dan. p. 44. Daniel says He was compell'd to resume his own Grants William of Malmsbury speaking of this Prince says * Will. Malms p. 122. Plures Patrimonia sua effudere inconsulte largiendo Quid vero est stultius quam quod libenter facias curare ne diutius facere possis It aque quidem cum non habent quod dent ad Rapinas convertuntur majusque odium assequntur ab iis quibus auferunt quam beneficium ab iis quibus contulerunt Henry the Ist who succeeded had all the Qualifications belonging to a Wise and Provident Ruler He brought to Punishment Ranulphus Bishop of Durham who had been the chief Adviser of all the Irregularities Profusions and Exactions of the last Reign * Ord. Vit. Fol. 822. He likewise took into his own Possession all his Father's Lands and Lordships in Normandy which his Brother had squander'd away and by the Judgment of Wise Men made those Gifts void which imprudently had been bestow'd upon undeserving Persons After the Death of Henry Stephen the Third Son of the Earl of Blois by Adela the Fourth Daughter of William the I was Elected King He found in his Uncle's Treasury 100000 l. besides Plate and Jewels of an immense Value Having no good Title to the Crown he was forc'd to purchase the good Will of the Principal Men by Gifts * Will. Malms Hist Nov. pa. 180. Multi siquidem quos vel Nobilitas generis vel magnitudo animi vel potius viridioris aetatis audacia ad illicita praecipitabat a Rege hi Praedia hi Castella postremo quaecunque semel collibuisset petere non verebantur And with these Grants he bought the dissembled Affection of his Courtiers * ibid. Malmsbury calls it †Simulatam ad tempus Pacem for all this Liberality could not make the Nobles faithful to him his whole Reign having been nothing but a Scene of Treachery and Bloodshed At last he was forc'd to come to Terms of Agreement with his Kinsman Henry Fitz-Empress of which one Article was That he should resume those Grants * M. Par. p. 86. Regalia passim a Proceribâ—s usurpata Rex in sua Recipiet And persuant to this Agreement did Henry the II. act when he came to the Crown which is to be the more admir'd in him because he was a Stranger born Son of the Earl of Anjou and succeeding by Maud his Mothers Title and because the Crown Revenue was got into powerful hands able to give him strong Opposition but nothing could stand before his Courage and Perseverance He resumed the Lands which King Stephen had given among his Followers William Earl of Albemarl pretended to oppose him in Northumberland but he brought him to restore what belong'd to the Crown as he did likewise Hugh Mortimer * Chronicon Johannis Brompton Col. 1046. Considerans autem Rex quod Regni redditus Dominica per Molliciem regis Stephani ad Dominos multos jam devenissent praecepit ea cum omni integritate infra tempus certum a quibuscunque detentoribus resignari in jus statumque revocari He also took upon him to banish Foreigners particularly the Flemings who had nested here in hopes of Booty under a loose Reign †Rex tenuit * Gerva Chron. Col. 1377. Curiam suam apud Beremundesiam uhi cum Principibus suis de statu Regni pace reformanda tractans proposuit animo alienigenas gentes de Regno propellere Matthew Paris speaking of this Prince says * M. Par. p. 92. Qui continuo in Regem promotus caepit in jus proprium revocare Vrbes Castella Villas quae ad Coronam spectabant Alienigenas maxime Flandrenses de Regno expellendo quosdam Pseudocomites quibus Rex Stephanus pene omnia ad Fiscum pertinentia minus caute contulerat deponendo So that we have here the Instance of a Warlike King for such a one Henry was greater in Revenue and Extent of Foreign Dominion than any of his Predecessors who thought it no Derogation to his Honour to look into these Matters And this provident Care of his had such an Effect that his Son and Successor Richard the I. at his coming to the Crown found in the Treasury above L. 900,000 besides Plate and Jewels * M. Par. 152. Inventa sunt plura quam nongenta Millia librarum in auro argento praeter Vtensilia Jocalia lapides pretiosos But this and much more was presently consum'd in the mad Humor which at that time had seized all the Princes of Europe of making War for the Holy Land To furnish himself for this Expedition Richard sold several Parcels of the Crown Revenue †Hoved. p. 658. Hoveden says Rex exposuit venditioni omnia quae babuit scil Castella Villas Praedia But the Lands thus granted away
and Confiscated to the King's use In this Colloquy the Barons told him That he was in Debt and Ruin'd by the Strangers about him who had Consum'd all so that he was forc'd to give Tallies for the Victuals of his Table * Knyghton Col. 2445. N o 10. Domine Rex inter manus Alienigenarum res utique tua male agitur diversimode tractatur nam consumptis universis multo jam deprimeris eâ— alieno datis pro cibariis tuis Talleiâ— versus es in scandalum in omni populo tuo The Consequence of this Profusion was grievous Taxes the Taxes produc'd Discontents these Discontents encourag'â— Simon Montford and others to begin thâ— Civil War in which this King had beeâ— lost but for the Courage and Conduct 〈◊〉 his Son In the Reign of Edward the I. we 〈◊〉 not find there was any Resumption bâ— Annn Dom. 1289. the Legislative Authority did very wisely interpose in Correâ—ing the Abuses of Westminster-Hall * Vide Dan. p. 160 Mat. West p. 414. N o 10 and Knyghton Col. 2466. Finâ—ing all the Judges for their Corruptioâ— and Extortions Sir Ralph Hengham wâ— had been Chief Justice of the highâ— Bench and Commissioner for the Gâ—vernment of the Kingdom in the King Absence paid Seven thousand Marcs 〈◊〉 Edward Stratton paid Thirty four thousand Marcs Thomas Wayland found the greatest Delinquent Forfeited all his Estate The whole Set paid among 'em 〈◊〉 Hundred thousand Marcs which for those Days was a prodigious Summ. The next Reign of Edward the IId gives the prospect of Civil Wars Treachery Bloodshed and a view of all the Calamities that are the Consequences of â— Riotous and Profuse Court The unbounded Favour of this Prince o his Minion Pierce Gaveston made Earl of Cornwal and the Waste which the said Earl had made in the Crown-Revenue so provok'd the Peers that they never restd till they had obtain'd an Instrument mpowering several Ecclesiastical and â—ay Lords to make certain Ordinances â—or the good of the Kingdom which nstrument and Ordinances made by Virue of it were afterwards ratify'd in Parament Among other things it was then order'd That the Crown-Revenue should â—ot be Alienated Derecheif ordein est Rot. Ord. 5 Edw. II. N o. 3. pur les dettes le Roy acquitter son estate relever le plus honourablement mainteiner qe nul don de Terre ne de Rent ne de Franchise ne d' Eschete ne de Gard ne Marriage ne Baillie se face a nul des ditz Ordenours durant leur poer del dit ordeinment ne a uul autre sauns Conseil assent des ditz Ordenours ou de la greinder partie de eux au six de eux au moins mes totes les choses desquex profits poit surdre soient enpruees al profit le Roy jusques son estat soit avenantment releve c. There is this Remarkable in the Record That they bound up themselves as well as others from receiving any part of the King's Lands as we may suppose not thinking it fair for them who had the Power to keep the Purse shut to others and to open it for themselves They took likewise Care of a Resumption * Ibed N o 7. Et puis derecheife pur se qe lâ— Corone est tant abeissee demembree pâ— diverses donns nous Ordinons qe toâ— les donns qe sont donez au damage dâ— Roy descresse de la Corone puis 〈◊〉 Commission a nous fait des Chasteam Villes Terres Tenements Bayleâ— Gardez Marriages Eschetes Relâ— queconques queles soint aussibien 〈◊〉 Gascoin Irland Gales Escoce coâ— me en Engleterre soint repelleez noâ— les repellons de tout sanz estre redonnâ— a meismes ceux sanz comun assent 〈◊〉 Parlement Et que si tieu maner des dom ou Reles soint Desormes donez encâ—â—tre la form avantdit sanz assent de soâ— Barnage ce en Parlement tant qe 〈◊〉 dettes soint acquittees son estatâ— avenantment releves soint tenus poâ— nuls soit le pernour puny en Parlement par Agard del Barnage 'T is true these Ordinances were revok'd in the * Great Statute Roll from H. III. to 21 Ed. III M. 31. Bibli Cott. Claud. Parliament which this King held at York the 15th of his Reign just after he had Defeated and put to Death Thomas Earl of Lancaster with many other of the Barons But his Rigid Proceeding with those who had Fought in Defence of their Countries Freedom and his immoderate Favour and Bounty to the Spencers Earls of Whinchester and Gloster with all his other Mis-government lost him both his Crown and Life in a short time after 'T is to be presum'd That what the Parliament had done in Edward II. Reign to hinder the Favourites from making Depredations upon the Crown-Revenue had effectually stopp'd the Evil because we do not find there was any need of an Act of Resumption in Edward the III's Time There is no part of our History more remarkable than the Life of Richard II. Grandson of Edward III. And no Times afford so many Presidents of Liberty asserted and of the Excesses of Regal Power with the Corruption of bad Ministers as this unfortunate Reign But Misgovernment will of Necessity bring on good Laws in the End The lavish Temper of this Prince his unreasonable Favour to the Duke of Ireland to Michal de la Pool Earl Suffolk his Chancellor and others with his loose and careless Administration produc'd the Parliaments of 10th 11th and 13th Richard II. by which his Power was circumscribd and bounded 'T is true 21 Richard II. he procur'd a Repeal of what had been formerly settled by Parliament for the Welfare of the Kingdom in which Sessions he got Iniquity establish'd by a Law but the Conclusion of all this Misgoverment was that he incurr'd so much the Publick hatred as to be deserted by the whole People and in a solemn manner to be depos'd The Excesses of the Court and Rapine of the Ministers in those days and towards the latter end of Edward III. produc'd Acts of Resumption The Commons pray that all kind of Gifts whatsoever made by King Edward III. may be examin'd if worthily bestow'd to be Confirm'd if otherwise to be Revok'd * Rot. Parl. 1 Ri. II. N o. 48. Item ils Prient pur ceo que la Corone est moult abaisse demembre par divers donns donez en temps de notre Seigneur que Dieux assoille queux donns il estoit malement deceux en plusieurs Personnes malement emploeis come home le poet declarer a grand damage de lui de notre Seigneur le Roi q'ore est si bien des Chasteaux Villes Terres Tenements Baillez Gardes Marriages Eschetes Releves aussi bien en Gascoigne Irlande come en Engleterre qe plese a notre Seigneur le Roy son Conseil faire examiner par les Rolles
Libertees mes aient entierement enjoient toutes les ditz Libertees Franchises toutes autres lour Libertees Franchises a eux Grantez puis le dit an quarantisme pur releifuement des Fee fermes encresce Fortification des ditz Citees Burghs seloncqe la fourme effect de lour Chartres ent faites cest ordeignance nonobstant Purveu ensement qe nostre tres excellente dame la Reygne ne les Fitz du Roy ne soient contenuz soubs la constreint decest Estatute ou Ordeignance Purveu auxi qe ceux qont Purchasez de Roy Richard Tâ—rrâ—s ou Tenements qeux furent a aucunes Persones forejugez a Parlement tenus a Westminstre lan unsiesme du Regne dudit Roy Richard ne lour Heires soient oustez ne molestez de lour Terres Tenements avantditz per vertue de 〈◊〉 Nâ—â—â— câ—tte Ordeignance Iâ—em qe tous Tonelx Pipes des Vyns des prises de Roy autre Pipes Toâ—elx des Vyns grantez a ascunes Persones de qel Estat ou condition qil soit per nostre Seignour le Roy qorest ou pâ—r ses Progenitours a terme de vie ou a Terme de ans soient entierement resumes es mains du Roy. Ibid N â— 17. Item que toutes dons Grantz des Chastelx Manoires Terres Tenements Fermes Rents Annuitez Libertees Franchises ou Possessions qe-conqes faitz per le Roy Edw. Aiel nostre Seignour le Roy qorest ses Ancestres ou Progenitours devant le dit an quarantisme del Regne dudit Roy Edw. as Persones del Roialme si bien as esprituelx come temporelx a terme de vie a terme de ans en fee taille ou en fee simple ou as auscuns en mortmaine a eux a lour Successours ou as Citeins Burgheis de Citees Burghs as ceux des Cinq Ports a eux a lour Successours de assent nostre tres graceouse Seignour le Roy les Seignours esprituelx temporelx communes en ycest Parlement assemblez soient solonc le effect de lour Estates per Estatutes ent en cest Parlement affaire confermez ratifiez sans estre en aprez adnu lez repellez ou revoqez purveu toutes foitz qe dons ou Grants des Chastelx Manoires Terres Tenements Feefermes Rents Annuites Libertees Franchises ou Possessions qeconqes faitz devant le dit An quarantisme as auscunes a terme de Ans terme de vie ou en le Taille en qele Case la Reversion est reservee au Roy maintenanâ— aprez le estate determine tieux Chateaulx Manoires Terres Tenements Rents Annuities Libertees Franchises Possessions qeconqes soient revertible au Roy come a sa Corone issint soient rejointâ— a la Corone sans estre en nulle manerâ— departis ou severes en temps avenir La Responce fait per le Roy de ladvys assent des Seignours esprituelx temporelx a les Petitions dessus escripts Qeux le Roy voet metre en Execution en tout le haste possible Ibid. N o 20. Responce en Engleis as dites Petitions And for as much that the Commons desiren that the King should live upon his own as good Reason asketh and all Estates thinken the same the King thanketh them of their good desire willing put it in Execution al 's soon as he well may And because the Commons desiren that al that longed to the Corone the Fortâ—â— Year of King Edw. and sithe hath beâ— departed should be resum'd to that intent that the King might better leve of his own And foralsmuch that it may noght be known unto the King which is of the Crown and which is not without more examination ne what hath be granted sith the fortie Yere of King Edw. unto this time the King's intent is to Assign certain Lords Sprituels and certain Lords Temporels and all his Justices and his Sarjeants and all other such as him list name for to put in Execution al 's far as he may by the Law of his Land or by his Prerogotive or Liberty all the Articles contained in the Petition of the Commons in all hast that he may in discharge of his People But this good Care of the House of Commons for the King's Welfare had no other Effect than to procure That the Lands Rents Profits and Annuities so granted away should be seised into the King's Hands for one whole Year but the Reason of this may be easily seen in the Record it self A great part of these Lands were got into the hands of the Clergy The words of the Record are Outragious Grants made to divers Persons as well Spiritual as Temporal Outrageouses dons faits as divers Persons si bien Espirituelx comme Temporelx The People were in that Age very Superstitious as appears by the severe * Vid. Rot. Par. 8 Hen. IV. N â— 62. Act which pass'd two Years after against the Lollards And where the People is Superstitious the Clergy never fail to have the Chief Power And by their Interest in all probability it was procur'd that the Nation could then be reliev'd only with one Years Profit from those Grants And because this After-act militates so directly with what the Commons had done just before there are good grounds to think that the last Project began in that House which was then influenc'd by the Lords Spiritual But we shall produce the Record it self to shew that the Writer desires to handle this Subject impartially and to set every thing in a fair Light Rot. Parl. 6 Hen. IV. N. 21. Item a Considerer les Grants faits per Patentes dessous le grant Seal du Roy de ses Progenitours Predecessours as diverses Persones si bien a terme de vie come en Fee simple ou en Fee taille on autrement y ne seroit honest ny expedient pur le Roy nostre Seignour de faire repelle revocation ou resumption 〈◊〉 tielx Patentes ceo si bien pur lâ— clamour autre Inconveniences qent purront avenir as estranges parties come deins le Roialme Dengleterre Et pur ouster tielx-Meschiefs accordez est qe chascun home feme de quel estat on condition qils soient qe ont ascuns Annuites Fees ou Gages a terme de vie ou des Ans du Grant du Roy Richard ou du Roy qorest qils soefreront chascun de eux soefrera mesmes nostre Seignour le Roy davoir enjoier les dits Annuites Fees Gages del Feste de Pasche darrein passe tanqal lendemain de Pasche prochain avenir cestassavoir per un an entier Purveu toutesfois qe les Fees Gages Regardes de Chancelier Tresorer Gardien du Privee Seal Justices de lun Bank de lautre Barons de lescheqer Serjeants du Roy a la Leye des autres Officers Ministres des Courts
le Roy ne soient restreints per vertue de ceste Ordeinance mais qils soient paiez come ils ont este accustumez de estre paiez devant ces heurs Ibid. N. 22. Item Qe chascun home feme de qel estat ou condition qils soient qont ascuns Chastelx Manoires Terres ou Tenements Rents ou autre Possessions qelâ—onques du Grante du Roy Richard ou de Roy qorest qe ils soefrerent chascun de eux soefrera mefme nostre Seignour le Roy de avoir enjoier les Profits de mesme les Chastelx Manoirs Terres Tenements Rentes Possessions qeux ils ont ensi a terme de vie ou des Ans de le dit Feste de Pasche darrein passe tanqa lendemayn avantdit Et qe le Roy ent seit respondus a son Escheqer Forpris Fees Advoesons Gardes Marriages autres Casueletees as Chastelx Manoirs Terres Tenements Rentes Possessions avant dits appurtenants Et forpris les Chartelx Manoirs Terres Tenements Rents Possessions Fee Farmes Annuities les Profits Commoditees Assignees au Reigne en Dower ou donez ou grantez a les Fitz du Roy a chascun de eux Et forpris ceux qont ascuns Annutees per Grant ou Confirmation a eux ou a lour Ancestres fait en Parlement Et forprises auxi les Chastelx assises sur les Marches Descoce ou de Gales ou sur les Coustes de Mer. But there seems to be given a Power to the King by his advice of Council to Resume his Lands from such as have more than they deserve Ibid. N. 23. â— Item Qe Proclamation soit fait en Chascun Contee Dengleterre qe 〈◊〉 ceux qont ascuns Annuitiees 〈◊〉 Manoirs Terres Tenements Fee Fermes Fees ou Gages ou autre Grant qeconqe dascune value annuelle a terme de vie ou des Ans du Grante du Roy Edw. Aiel nostre Seignour le Roy puis le an qarantisme du dit Roy Edw. oâ— de Roy Richard ou de Roy qorest envoient ou portent devant le Roy son Counseil perentre cy le Feste de Chandeleure prochain a venir a pluistard les Copies de lour Lettres Patentes a eux faits per les Roys suisdits sur peine de forfaire mesme les Lettres Patentes au fyn qe nostre dit Seignour le Roy per advys de son Conseil purra ordeigner qe ceux qont fait bon service eient enjoient lour dites Lettres Patentes les autres qe nount deservies soient tout outrement oustez de lours dites Lettres Patents Et auxint de ceux qont pluis qe ne ont deserviez qe le dit Roy per advys de son dit Counseil purra faire Moderation come mieltz luy semblera Anno 7 8 Hen. 4. The Commons Pray the King That no Lands to be Conquer'd from the Welch should be granted away in a Quarter of a Year from the time such Lands should be taken in The King among other things Answers That he will not grant away such Lands till he is inform'd of their Value * Rot. Par. 7. 8. H. IV. N o 15. Item Le dit Mr. John Pria pur les dits Communes qe les Chatelx Seignouries Terres Tenements en la Terre de Gales qe desore per la Grace de Dieu seront conqis ou gaignez sur les dits Rebealx ne soient donnes a uully per le espace dun qarter dun Apres ceo qils seront ensi conqis ou gaines A qoy le Roy respendi qil se veilloit abstenir deascun tiel don faire a uully tanqe al temps qe il feroit enformez de la value dycelles Et si ascun â—ieâ— don deslors se feroit qil le vorroit faire as tielx Persones qe voillent demeurer suâ— la conqest de la Terre de Gales suisdits In the same Parliament the Commonâ— Pray That certain Foreigners by Name may be Banish'd the Kingdom which the King agrees to and in his Writ to the Sheriffs of London directs That such Foreigners should produce such Grants of Land as they had obtain'd from Him the Queen or from others * Ibid 29. Iteâ— Samedy le 8 jour de May a les souveâ—â— priers reqestes des Communes accordâ— feust per nostre Seignour le Roy les Seignours Esprituelx Temporelx 〈◊〉 touts les Aliens des qeux les noms 〈◊〉 comprises en une Cedule laqelle 〈◊〉 livree al Seneschal del Houstiel du Roy voidant la Roialme devant un certain jour compris en le Brief de Proclamation ent fait come per la tenure dycellâ— brief enroulle en la Chancellerie y purra apparoir And the King in his Writ to the Sheriffs Directs among other things ' Quodque omnes singuli Alienigenae praedicti qui aliqua Terras Tenementa Annuitates sive Concessiones quaecunque in Feodo simplici vel Talliato sive ad terminum vitae vel annorum ex Concessione nostra sive ex Concessione charissimae Consortis nostrae Reginae Angliae sive aliorum Ligeorum nostrorum per litteras sive scripta eis inde fact obtinent quovismodo hujusmodi Litteras sive scripta nobis in Cancellaria nostra liberent indilate ad finem quod visis Litteris scriptis praedictis inde fieri jubere valeamus quod de jure secundum legem consuetudinem Regni nostri Angliae fore viderimus faciendum Anno 11. Hen. IV. The Commons Pray That for ever hereafter no Grant may be made of any Hereditament or other Profits of the Crown except Offices and Bailiwicks till the King shall be quite out of Debt and unless there be remaining in his Coffers sufficient for the Provision of his â—amily To which the King agrees directly without Reservation till his Debts be paid or unless there be sufficient Provision for his Family and with Reservation for the Queen His Sons and for the Duke of York and the Lord Grey * Rot. Parl. 11 Hen. IV. N o. 23. Item Qe nulles Chastelx Honours Seignouries Manoirs Villes Terres Tenements Franchises Reversions Libertees Forrestes Fees Advoesons Eschetes Forfaitures Gardes Marriages ou autres Revenues qeconqes ove lours appurtenances forpris Offices Baillies en temps ensuivants es Mains nostre dit Seignour le Roy ou a ses Heirs Rois Dengleterre a eschiers ou a venirs ne soient en nulle manere donez ne Grantez a ascune Persones si ne soit al profit Oeps nostre dit Seignour le Roy pur la Sustenance de son Houstiel Chambre Gardâ—robe tanqe tous ses dettes a ses Lieges a present dues soient pleinement paiez deslors enavant continuellâ—ment resonable Substance remaignant eâ— mains nostre dit Seignour le Roy ses Heirs Roys Dengleterre pur la sustenance
Grants so they exceed not 20 l. per ann 145 For Giles Thorndon Esq as to a Grant of 7 l. per ann for life which he had out of Lands in Ireland 146 For Will. Catesby King's Servant as to 10 l. per ann for life 147 For John Parkes Kings Servant 148 For John Martyn Kings Servant as to 6 d. per diem for his life 149 For George Danyel as to Grants so they exceed not 20 Mark per annum 150 For John Hoghton and other Servants at Arms as to their Patentes 't is to be suppos'd for their Employments 151 For Rob. Wood Clerk as to a Reversion of a Feefarm Rent of 10 l. per ann 152 A Saving for King's Hall in Cambridg as to a piece of wast ground and Conduit granted 153 For Tho. Smith as to his Office and Sallary of 4 Pence per diem 154 For Will. Burton Queens Servant as to 100 Shill per ann for his life 155 For Thomas Derlyng and John Moor Serjant at Arms as to their Fees 156 A full Saving for the Colledges founded by the King in Cambridg and at Eaton 157 This Saving relates to the same Colleges 158 For Will. Bradford and Thomas Kendal Kings Officers as to their Fees 159 For Tho. Merton as to 100 Shillings per ann 160 For the Dutches of Somerset as to part of her Dower 161 For John Pulloo as to his Office and Fee 162 For Coney ap Rice the same 163 For the Lady Roos Widdow as to 60 l. per ann for life 164 Provided also that noon exception made by us upon the Resumption in this present Parliament of any Possessions extend to oney Londs Tenements Fees Offices Fermes or any other thing in Caleys or in the Marches thereof 165 A Saving for Robert Tanfeld as to 20 Mark per Annum for his life out of the Hamper 166 For John Somerset Gentleman 167 For Sir Edmond Hampden Queen's Carver as to some Herbage in a Park which did not exceed 50 Shillings per Annum and as to an Annuity of 20 l. per Annum 168 For Tho. Parker Esq as to his Grants not exceeding 24 l. per Ann. for Life 169 For Tho. Pope 170 For Tho. Bird Serjeant at Arms as to his Wages and Cloathing 171 For John Daindesey King's Servant 172 For John Skelton as to Two Annuities one of 20 l. another of 10 Mark for his Life 173 For John Faceby Serjeant at Arms as to his Office and Sallary 174 A Saving to the Town of Beaumaris as to 20 l. per Ann. granted for its Walling 175 For Walter Bright Serjeant at Arms as to his Office Cloathing and Wages 176 For Johanna Astley the King's Nurse as to Two Annuities for her Life amounting in the Whole to 50 l. per Ann. 177 A Saving to the City of Chester as to a Release granted to 'em for 50 Years of 50 l. per Ann. part of their Fee-farm Rent 178 For Sir John Fortescue 179 To Thomas Brown as to 12 l. per Ann. for his Life 180 For Henry Abyndon Clerk of Eaton College as to 8 l. per Ann. 181 For Henry Vavousor for some Grants which are express'd 182 For Tho. Derwent Serjeant at Arms as to his Office and Fee of 12 d. per Diem 183 A particular and then a general Saving for King's Hall in Cambridge 184 A Saving for the Abbot and Covent of St. Albans as to Franchises and Liberties 185 For Tho. Thorp as to his Grants but 10 l. per Ann. Fee-farm Rent the King resumes The Reader may observe from this Record 1 st That the Crown was become indebted to the Subjects in the Sum of 372000 l. 2 dly That the Crown-Revenue which in the Reign of Henry the Fifth was 56966 l. became reduc'd to 5000 l. per Annum so much had the Crown been robb'd and pillag'd during the Minority of this Religious but weak and unfortunate Prince 3 dly That the House of Commons thought it reasonable to relieve the King's Necessities out of his own and by an Act of Resumption rather than to charge the People with new Duties and Impositions 4 thly That the House of Commons thought it reasonable to make the Act so general that they inserted only Sixteen Reservations or Saving for others so much did they consult the Publick more than any private Interest 5 thly That the Commons desire the King to appropriate to the Expence of his Houshold the Lands so resum'd 6 thly That the King when he gave the Royal Assent to this Act reserv'd to himself the Power of putting in Writing while the Parliament sate certain Moderations and Restrictions to the said Act and the King in the said Assent excepts all Grants made as to Calais and Ireland The Writer of these Papers thought his Labour would not be unprofitably spent to give an Abstract of the Restrictions and Moderations which the King's Council believ'd at that time necessary in an Act which was to be so very general and extensive In these Savings which are in Number 185 the Reader has before his Eyes a perfect Image of the Gravity Care Exactness and Frugality of that Age. Most of the said Savings relate to Patents for Employments or for Lands rather restor'd than granted or for some Liberties and Franchises or for Lands given to Religious Uses all which were affected by the Act. In some of the Proviso's the Value of the Grant is mention'd and in others omitted but the general Exactness which runs through the Whole is a Mark that where the Value is not express'd 't was notoriously inconsiderable In many of the Savings there is something left and something taken away The Reader may likewise note That most of the Grants of that Age were only for Life Note In this Writing of Restrictions the King receeds from the Exception he made as to Calais when he gave the Royal Assent As in Saving 164. Note That the Great Earl of Shrewsbury who had done so many Heroick Actions and had so valiantly fought for the Honour of his Country had but 100 l. per Annum Pension for his Life and some Lands in Ireland then of no value the said Earl having had no other Recompence for his long Services which Moderation of his is a Reproach to the Avarice of the present Times vide Saving 26. Anno 29. Hen. 6. There was another Resumption made The Preamble agrees almost Word for Word with the fore-mention'd Act but the Acts differ when we come to the following Paragraph Rot. Parl. 29 H. 6. N o 17. And that all Lettres Patentes by you made in or of any of the Promisses to any persone or Persones of the which any Recoverer hath been hadde ayents the said Patentees or any other by Covin or Collusion that as well the Recoverer thereof as the Letters Patentes be void and of noon effecte And over that like it youre Highnesse to take resume seise and reteign in youre said Handes and Possession all Manner of Libertees Privileges
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
rightwyse Enheritour to the Reames of Englond and France and Lordshipp of Irelond Fader to the Kyng was seised of to his owne Use and Behoofe the 30th Day of December the 39th Yere of the pretended Reigne of the seid Henry the Sixt. And that the Kyng from the seid Fest of Ester have hold and joy all the seid Honours Castells Lordshipps Townes Towneshipps Manours Londs Tenementes Rentes Services Possessions Enheritaments Issues Profites and Commoditees in like Estate as his seid Fader had theym the seid 30th of December And that all Yefts Grauntes Ratifications Releses Leses Demyses and Confirmations made by the Kyng sin the same 30th Day to eny persone or persones under eny of his Seales of eny of the same Possessions Issues Profites or Comoditees or of eny Lordshippes Manors Londes Tenementes Possessions or Enheritaments wherof eny persone or persones were seised the same 30th Day to the Use and Behoof of his seid Fader or of eny Right Title or Intres of or in eny part of the same or of or in eny of the Premisses which his seid Fader was seised of the seid 30th Day or of eny Pension Rent Anuuitee to be had taken perceyved or levyed of or in eny part therof or of or in eny part whereof eny persone or persones were seised to the Use and Behoof of his seid Fader the seid 30th Day be from the seid Fest of Ester voide and of noo Force nor Effecte And also by the seid Advyse Assent and Auctorite it is ordeyned and stablished That such lawfull Right Title Clayme and Interest be saved and had to every persone and persones of every theyr Heires other than the seid persones atteynted and theyr Heires claymyng in by theym or eny of theym as he or they not atteynted might or shuld have had in eny of the Premisses yf this Acte had not been made otherwyse then by the Kyngs Graunte or eny of his Leâ—tres Patentes or Assignment And furthermore it is odeyned by the seid Advyse Assent and Auctorite That all Yefts made by the Kyng the seid 4th Day of Marche or eny Tyme sin to eny persone or persones of eny Office in Englond Irlond Wales or Marches therof wherupon no Charge hangeth nor nedeth to be of actuel Exercise or Occupation be from the seid Fest of Ester voide and of noo Force nor Effecte Also That all Grauntes made by the Kyng the seid 4th Day of Marche or eny tyme sin to eny persone or persones of eny Office or Offices in Englond Irlond Wales or Marches therof Guysnes Caleys or Marches therof with Fees Wages Profites or Commodities not used and accustomed to the same Office or Offices afore the same 4th Day of Marche be from the seid Fest of Ester as to the seid Fees Wages Profites and Commoditees and every of theym so not used and accustomed voide and of noo Force nor Effecte Also That every Graunte made by the Kyng the seid 4th Day of March or eny time since to eny persone for terme of his Life of the Office of Sarjeant of Armes be from the seid Fest of Ester of noon other Force and Effecte than onely at the Kyngs Will and Pleaser Then follow several Savings much of the like Nature as those in the former Acts as also some Regulations relating to the King's Tenants not material to our present Subject Quae quidem cedula transportata fuit Communibus Regni Angliae in dicto Parliamento existent Cui iidem Communes Assensum suum prebuerunt sub hiis Verbis A toutez lez Actez Provisions desuis Escriptez les Comunes sont assentuz Quibus quidem cedula assensu in Parliamento predicto lectis auditis plenius intellectis de avisamento assensu autoritate predict respondebat eidem in forma sequen Resp Le Roy le voet ovesq lez Provisions Exceptions sur ceo pur luy faitz les tenours de queux cy apres ensuent That is the King consents to the Bill with the ensuing Provisions and Exceptions Then follow a great Number of Savings and Provisions most of 'em for private Persons and much of the same Natures as those of the former Acts. 7 Edw. 4. Rot. Parl. N. 15. And at the closing of the Sessions the King thanks the H. of Commons by the Mouth of the Bishop of Bath and Wells his then Chancellour for this Resumption * Pro suis Laboribus circa dictam Resumptionem ostensis Idem Dominus Rex omnia singula per ipsos Communes declarata desiderata profunde conceperat Anno 13. Edw. 4. There pass'd another Act of Resumption for that either the former had been so ill executed or that the Exceptions had been so many as to frustrate the good Intentions of the House of Commons 13 Edw. 4. Rot. Parl. N. 6. For divers Causes and Considerations concernyng the Honour Estate and Prosperite of the Kyng and also the common We le Defence Surete and Welfare of this Reame and Subgettes of the same It is ordeyned enacted and stablished by Thadvyse and Assent of the Lordes Spirituells and Temporells and by the Commons in this present Parlement assembled and by the Auctorite of the same That the Kyng from the Fest of the Seynt Thomas thappostill that shall be in the Yere of our Lord God One Thousand Fowre Hundred Seventy and Three shall have take seise hold possesse and enjoye all Honours Castelles Lordshipps Manors Londes Tenementes Rentes and Annuitees which he was seised and possessed of in the 4th Day of March the first Yere of his Reign or eny time after by reason of the Corone of Englond in Englond Irlond Wales or Marches therof Guysnes Caleys or Marches therof and also that apperteyned or belonged to him the same 4th Day of Marche or eny tyme sith as parcelle of hys Duchie of Lancastre or by forfaiture of Henry the Sixt late in Dede and not in Right Kyng of Englond And of eny persone atteynted sith the seid 4th Day of Marche by Auctorite of eny Parlement holden sith the same 4th Day of Marche or otherwyse atteynted by the Cours of the Common Lawe of this Lond and passed fro the Kyng undre eny of his Seales to eny persone or persones in Fee-simple or Fee-taille for terme of Lyfe or terme of Yeres or otherwyse by the Kyngs Graunte under his Seales and that the Kyng from the seid Fest of St. Thomas have hold possede and enjoye eny of the Premisses in and of like Estate and Condition as he had theym in the seid 4th Day of Marche or eny tyme after And furthermore It is ordeyned by the seid Advyse Assent and Auctorite That the Kyng from the seid Fest of Seynt Thomas have take seise hold and enjoye all Honours Castells Lordshipps Manoirs Londes Tenements Rentes and Annuitees which the full noble and famous Prynce Richard veray true and rightwyse Enheritour to the Reames of Englond and France and Lordshippe of Irlond Fader to the Kyng was seised of
to his owne Use and Behove the 29th Day of December the 29th Yere of the pretended Reigne of the seid Henry the Sixt And that the Kyng from the seyd Fest of Seynt Thomas have hold and enjoye all the same Honours Castles Manoirs Londes Tenementes Rentes Annuitees in and of like Estate and Condition as his seid Fader had theym the seid 29th day and passed from the Kyng to eny Persone or Persones under eny of his Seales in Fee-simple Fee-taille terme of Lyfe or term of Yeres Also that all Yeftes Grauntes Releses and Demyses made by the Kyng the seid fourth day of Marche or eny tyme sith to eny Persone or Persones of or in eny of the Premisses in Fee-simple Fee-taille terme of Lyfe or terme of Yeres or otherwyse under eny of his Seales be from the seid Fest of Seynt Thomas voide and of noo force nor effecte And also by the seid Advyse Assent and Auctorite it is ordeyned and stablished That such lawfull Right Title Clayme and Interest be saved and had to every Persone or Persones and every theyr Heyres other than such Persones now beyng atteynted of Treason and theyr Heyres clayming in by theym or eny of theym so atteynte myght or shuld have had in eny of the Premisses yf this Acte had not be made otherwyse then by the Kyngs Graunte or eny his Lettres Patentes or Auctorite of Parlement What follows being join'd with this Act and showing the Wisdom and Frugality of those Times and the Methods they took to put the King out of Debt we thought it would not be foreign to our present Matter to insert it Ibid. N. 7. Also in this Parlement begun and holden c. Grete multitude of Assignments as well by Letters Patentes of the Kyng Tailles Debentours and other Bills levyed and rerèd at the Receipte of his Exchequer or otherwyse as by Billes undre the Seale or Seals beyng in the same Receite ordeyned for Assignations to be made upon the Possessions of the Duchie of Lancastre Wales Duchie of Yorke and Erldome of Marche as well for the Kyngs Household and Wardrobe and for his Werkes as for many and divers Somes of Money in tymes of divers Persones late Tresorers of Englond sith the first day of the Kyngs Reigne dyversly have be made grete part of the which Assignations by Bill and otherwyse inordenately and without grounde of Duete have be had and made as it is understond It is therefore ordeyned by thadvyse and Assent of the Lordes Spirituels and Temporels and the Commons in the same Parlelement the seid sixt day of October in the seid Thirteenth Yere assembled and by Auctorite of the same That before the Fifteeneth of Ester next now to come open Proclamation be made within every Shire of the Reame in every Markette-Towne within the same Shire by the Shiref or Shirefs of the same Shyre or Shyres for the tyme beyng And that every Shiref duely make the Proclamation in that partie and the Writ thereof serve and retorne at the day of the Retorne of the same upon the Payne to forfaite at every defaute to the Kyng one hundred pounds That every Person or Persones having eny Patente Taille or Bille made rered or assigned before the first day of Decembre in the Tenth Yere of his seid Reigne for eny Some or Somes of Money conteyned or specefied in eny of the same appere before the Barons of the Kyngs Exchequer at Westminster in his proper Persone or by his Atourny or Servaunt having suffisant Auctorite of hym afore the fifteeneth of Ester which shall be in the Yere of our Lord 1475 there to shewe and prove that the Somes of Money conteyned and specifyed in his or their Patent Taille or Bille was by or upon eny true grounde or cause due by the Kyng at the tyme of the makyng rearyng or assignment of the seid Patent Taille or Bille made reared or assigned to to the same Persone or Persones named in the same Patent Taille or Bille for the Kyngs House for the Kyngs Chambre his Wardrobe his Werks or Money to hym lent for the Victualler of of Calleys or eny of theym or for eny other Cause that the same Barons upon due prove by they re Discretions had and made of eny Some and Somes in such Taille or Bille to be due by the Kyng and at the tyme of the seid prove made not paid have auctorite and power by this Acte to certifye into the Receipte of the Kyngs Exchequer of the Some and Somes so proved due and of the Name or Names of the Persone or Persons to whom the seid Some or Somes so shall be proved to be due And therupon by this Acte the Tresorer and Chamberleyns of the Kyngs Receipt for the tyme beyng dyvydyng severally the seid Debte into twenty partes by even Portions without delay or denyer at the Kyngs proper Cost and Charge rere there make and delivre twenty Tailles or Billes accordyng payable Yerely iche after other within twenty Yeres then next ensueyng to have and reteyne in such Place or Places and under such Forme as the Treasorer of Englond for the tyme being with the reasonable agreement of the seid Persone or Persones to whom such duetee shall be proved due shall be thought reasonable And as for such Duetees as shall be found due to eny of the seid Persones afore the seid Barons by reson of eny such Letters Patentes that the seid Barons shall certifie such duetees as they shall fynde due by eny such Letters Patentes made under the Kyngs grete Seale to the Chaunceller of Englond for the time beyng And such Duetees as shall be founde due to eny Persone before the seid Barons by reson of eny of the Kyngs Letters Patentes made undre the Seal of his Duehie of Lancastre to the Chaunceller of the same Duchie for the tyme beyng And then that every of the seid Chauncellers for such Somes so to theym certified do make at the Kyngs Cost and Charge to such Persones as such Duetees shall be fonnd due to Letters Patentes to receyve have or reteyne such Somes of Money as shall be to theym certyfyed and to be had received or reteyned Yerely within twenty Yeres next ensueyng the date of the seid Letters Patentes rately as is aforeseid in such place or places ground or grounds as the same Persones afore this Acte were assigned or lymytted And that the seid Tailles Billes and Letters Patentes serverally to be rered and made be and stond good and effectuel in Law and preferred in payment before eny other payment by Patent Taille or Bille or eny other Assignment or Cause rered made or had after the rering of the seid Tailles And that all the seid Lettres Patentes Tailles Billes and every of theym not shewed afore the seid Fifteeneth before the seid Barons be voide and the Kyng thereof acquite and discharged And also that all Lettres Patentes Tailles Bills and every of theym shewed afore the seid Barons and
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
murmour ageyn the Kyngs Person for the misgoverning of his Realm The first Regular Resumption having been made in the Reign of Henry the Sixth it seems by this Paper which contains the Scheme of a Resumption that the Act for resuming Grants c. pass'd 28 Hen. 6. was modell'd by this able Lawyer who was made Lord Chief Justice of the Common-Pleas 20 Hen. 6. and who we find to have been Chief Justice of the King 's Bench the * Rot. Parl. 28 Hen. 6. 28th Year of the same Reign At the End of the Manuscript out of which this was transcribed is this Note Explicit Liber compilatus factus per Johannem Fortescue Militem quondam capitalem Justitiarium Angliae hic Scriptus Manu propria mei Adriani Fortescue Militis 1532. Our Ancestors did not only take Care to help the Princes Affairs by Acts of Resumption but they likewise reliev'd him when he had been over-reach'd or deceiv'd in Releases or what we now call Privy Seals having an Eye that such as were Debtors or Accomptants to the King should not be discharg'd without making a fair and just Accompt whereof we shall produce a President with which we shall close this Section Rot. Claus 8 Edw. 2. M. 11. Rex Thesaurario Baronibus suis de scacâ—ario Salutem Cum Praelati Comitos Barones ad ordinandum de Statu Hospitii Regni nostri nuper virtute Commissionis nostrae inde factae Elerti inter caeter as ordinationes per ipsos factas per nos approbatas Ordinaverint quod 〈◊〉 Donationes per nos factae ad Damnum nostrum detrimentum Coronae nostrae de terris Tenementis redditibus Custodiis Maritagiis ac etiam pardonationes remissiones debitorum post 16. Diem Martii An. Regni nostri Tertio quibuscunque personis revocentur quod terrae tenementa redditus Custodiae maritagia praedicta in Manum nostrum resumantur quod debita illa non obstantibus pardonitionibus remissionibus praedictis leventur ad opus nostrum Vobis mandamus quod scrutatis Rotulis Memorandis dicti Scaccarii de hujusmodi Donationibus Concessionibus pardonationibus post praedictum 16. Diem Martii In dicto Scaccario factis inspecta quadam Schedula quam vobis super hoc mittimus sub pede sigilli nostri omnia debita in praedictis rotulis memorandis Schedula contenta per vos post praedictum 16. Diem Martii pardonata remissa levari faciatis ad opus nostrum non obstantibus pardonationibus remissionibus praedictis aut allocationibus ad dictum Scaccarium inde factis dâ— Exitibus de terris Tenementis Custodiiâ— Maritagiis praedictis provenientibus nobis ad dictum Scaccarium faciatis responderi Testa Rege apud Westm 15 Die Martii SECT IV. That several Ministers of State have been Impeach'd in Parliament for presuming to procure to Themselves Grants of the Crown-Revenue IN the foregoing Section we have taken Notice how careful the Commons of England have all along been to assist by Acts of Resumption such of their Kings as had been injur'd by immoderate Bounty We shall now go on to show how Parliaments have proceeded with the Instruments of their Profusion and in what manner they have handled such Ministers of State as have either wink'd at or promoted the Depredations that were made upon their Master's Revenue and especially with those who â—n Breach of their Trust have ventur'd â—o enrich themselves with Spoils so little warranted by the Constitution of this Kingdom The Records we have already cited sufficiently demonstrate that it was ever the Opinion and Sense of the People that the King should live upon his own and that the Nation should not be burthen'd with unnecessary Taxes and Impositions It appears likewise from the foresaid Records that when the Crown has been impoverished by Gifts and Grants new and extraordinary Courses of Raising Mony have become unavoidable It cannot be denied but that our Kingâ— have very anciently prescrib'd a Poweâ— of Alienating the Publick Revenues buâ— it may admit of a Question whether thâ— was not more de Facto than de Jure anâ— 't is not quite so clear that from the beginning it was so on the contrary it â—ther seems one of those Incroachmeâ— which Flattery and Compliance haâ— supported For it would not be difficult to maâ— appear that in all these Gothick Goverâ—ments founded upon the Principles 〈◊〉 Liberty the Publick Revenues weâ— esteem'd to belong as well to the Kinâ—dom as to the King * De Repub l. 6. Bodinus says was held as a Maxim in France Thâ— the Propriety of the Crown-Lands was not in the Prince That 't was esteem'd as a Fundamental in France Spain Poland and Hungary that the Crown-Lands were not alienable Which Opinion has been confirm'd by Decrees of the Parliament of Paris King Charles the V. and VII would not have the Crown-Lands engag'd but by Consent of Parliament * Vie de Charlemagne Mezeray says Le Domaine des Roys â—eluy de l'Eglise etoient inalienables And that tho' their Kings were now and then constrain'd to make Grants C'estoit a vie seulement a titre de Gratification C'est pourquoy ils les nommoient des Benefices mot qui n'est demeuré que dans l'Egâ—ise †Lib. 6 Bodinus says all Monarchies and States have held it for a general and undoubted Law That the Crown-Lands should be holy sacred and inaâ—ienable and that the Maxim is groundâ—d upon this wholesome Policy That â—e Wants of the Prince might not â—ompel him either to overcharge his â—hole People with Impositions or to â—ek for Wealth by confiscating the * Ibids Lewis XII â—who was term'd the Father of his Country would not mix his Revenues â—nd Patrimony with what belong'd to â—he Publick erecting separate Offices to that purpose Sir * Cot. Post p. 179. Robert Cotton an Author of great Weight in all these Matters says as we have noted before that in England our Ancestors held it impious to alienate the ancient Demeasâ—e Lands of the Crown We have taken Notice in the second Section of the difference the Roman Emperors made between the Fiscus and the Aerarium the first of which was the private Patrimony and in the other the People had a Right Of this very Thing there are Footsteâ—â— in England That is there was anciently a Difference made between the Scaccarium and the Hannaperium and * Spel. Glos p. 278. Spelman seems to liken the Scaccarium or Treasury to the Aerarium and thâ— Hannaperium or Hamper to the Fiscus Principis †p. 331. Hannaperium Fiscus 〈◊〉 sporta grandior in Cancellaria Regis 〈◊〉 inferuntur Pecuniae é Sigillatione diploâ—matum Brevium Chartarum Regiarâ— c. provenientes For this Branch of thâ— Revenue as we are inform'd the Chaâ—cellor in old times did not accompt iâ— the Exchequer
be made of the true Value of the thing petition'd for and that mention be made of what other Gift or Grant the Petitioner has had from the King or any of his Predecessors and if all this be omitted the Grant to be void 4 Hen. 4. Rot. Parl. Num. 31. In the fourth Year of his Reign He declares he will grant no Lands but to such who shall deserve them as shall best seem to Him and Council and if any make demand without desert he shall be punished by the King and his Council and not obtain his Suit 11 Hen. 4. Rot. Parl. Num. 23. In the eleventh of his Reign it was enacted That all manner of Hereditaments which from thenceforward should fall into the Crown should not be alienated but remain to the King Thus did this wise King by keeping the Life-Blood of the Body-Politick within its proper Veins add to it so vigorous a Health that his Son was in a Condition to attempt and succeed in the Conquest of France And by his Resumptions and by the good Order he had settled in his Revenues he enabled Henry the V. to go on in those great Undertakings without laying any extraordinary Burthens upon the People * Answers to the Reasons for Foreign Wars p. 47. Sir Robert Cotton says That during Henry V. Reign of nine Years there was no Charge laid upon Land Out of the Goods of the Commons he received six times the tenth and fifteenth entirely and once two thirds only of staple Wares A Subsidy once for four Years and after for his Life Three Shillings Tunnage and 12 Pence Poundage for the like terms as the former Subsidies And thrice he had the Tenth of his Clergy All which was but very little considering the great Actions he perform'd but he himself was a wise Man and his Father had left him an honest and able Set of Ministers But long before either of these Reigns the King's Revenue was a particular Object of the Parliaments Care And they endeavour'd to keep his Affairs within such a Compass that the People might not be burthen'd with new Taxes which they try'd to bring about by the following Methods 1. By Regulating the Expences of the King's Court. * Edw. 2. Ex. Ang. M. S. Fol. 29. Anno 3. Edw. 2. An Ordinance was made Pro Hospitio Regis in ease of the People A l'honneur de Roy a son profit au profit de son peuple selon droit resonel serment que le dist nostre Signeur le Roy fist a son Coronement * Rot. Parl. 36. Edw. 3. Anno 36. Edw. 3. The Household was regulated at the Petition of the People †Rot. Parl. 1 Rich. 2. Num. 19. Anno 1. Rich. 2. The Household was brought to such a Moderation of Expence as might be answerable to the Revenues of the Crown * Ex ordinat in Rot. Act. Concil An. 11 Hen. 4. mark'd R. R. Anno 11. Hen. 4. The Expences of the King's Household were moderated the Reason the Commons gave for it was Qe vous poiez vivre le vos biens propres en eese de vostre Peuple 2. By desiring the King to employ wise and able Men in his Affairs as was done * Rot. Parl. 6 Rich. 2. Part 2. Num. 16. Anno 6. Rich. 2. And by desiring the King to make use of such Persons as were renown'd for Virtue as was done †Rot. Parl 5 Hen. 4 Num. 19. Anno 5. Hen. 4. And by appointing certain Persons by Name to be of the Privy Council at the King 's own desire as was done * Rot. Parl. 7 8. Hen. 4. Num. 31. 7 8. Hen. 4. for which the principal Reason given in the Record is the Improvement of the King's Revenue Premierement pur la Conservation des Droits de nostre Seignour le Roy de sa Carone qe le Revenu dycell soient mieulx Coillez a son Profit encrescez a tant come home poet justement le faire a fyn qil poet le mieulx son honorable Estat sustinir And Note that just before the Passing this Act there pass'd an * Rot. ib. Num. 29. Act to Banish Foreigners 3. By procuring the Banishment of Great Men and particularly Foreigners by whom the Mony of the Nation was consumed Thus the Weight of the People prevail'd upon * Hen. 2. ex Gervas Dorobern Henry II. to banish William de Ipre Earl of Kent a Netherlander and all his Countrymen when they were become a Burthen to the State They prevail'd likewise upon †Rich. 2. ex Rich. Canonico in Vit. Rich. 1. Richard I. to send away Otho Earl of York tho' he was his own Nephew with all his Bavarians And he took from Otho the Earldom of York because it offended the People that a Foreigner should enjoy so high a Title and in exchange he gave him the Title of Poictife * Hen. 3. Ex lib. St. Alba Will Rishang lit Baron Papae Henry III. as we have noted before was compell'd to Banish his half Brothers the Earl of Pembroke and the Bishop of Winchester who had more than any others help'd to impoverish that profuse Prince At the same time all the Poictovins were banish'd Edward II. was necessitated to send away Pierce Gaveston and others as appears by his Ordinance †Ex Ordinat 3 Edw. 2. in lib. Legum Manuscr â—ol 285. Qe tout le Lignage sire Pieres Gaveston soit entirement ouste de estre entoins le Roy de son Service Item Burgois de Til soit ouste son Fias qe est Mereschal d l'escheqer Item qe Bertram Assabi son Frere ceux de Gascoigne Aimerick de Friscomband soint oustre ses terres prises en le main le Roy. In the 11th of * Rot. Parl. 11 Ri. 2. Part 1. Num. 28. Richard II. an Act of Parliament pass'd to banish the Bohemians who were Hangers on upon the Court and help'd to undo that unfortunate King In the 5th of †Rot. Parl. 5 Hen. 4. from Num. 26. to Num. 31. exclus Hen. IV. All Foreigners except some few about the Persons of the Queen and Princes are banish'd the Court and the Reason given for it is that they were a Burthen and Charge upon the King Et qe le Houstiell de nostre dit Seignour le Roy ne feusse chargez ovesqe tielx estrangers Mais qe ycell Houstiell purroit estre mis en bone moderate Governance dont les Coustages purroint estre supportez des Revenues del Roialme ovesqes autres charges necessaires 4. By appointing Commissioners to inspect the Publick Accompts as was done in the Case of Furnival and Master John Pelham These two Gentlemen at the Parliament held at Coventry had been made by the House of Commons particular Treasurers for certain Aids then granted towards carrying on the War In the 7th and 8th of Henry
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
Duke for the singuler enritchyng of his Nece and her Husbond Son to the Capidawe caused you to make the seid Sonne Earl of Kendale to geve hym grete Possessions and Enheritaunces in Englond and over that to graunte hym dyvers Castells Lordshipps and grete Possessions in youre Duchie of Guyen to the yerely value of one thousand pound and more c. Num. 32. Item The seid Duke within this youre Reame hath untruly Counseilled you to graunte fro you withoute due Consideration the Castell of Mawlyon de Sool in Guyen c. The Five next following Articles relate to his Transactions in Foreign Parts which we omit Num. 38. Item Whereas well full many Quinsismes Dismes Subsidies of Merchandises and other Charges have ben graunted to you by the Commons of this youre Reame assembled in your Parlements as Dismes and other Charges spirituel have ben graunted to you by the Clergy of this youre Reame for the defence and tuytion of the same and the sauf kepying of the Sea the seid Duke of Suffolk hath caused grete partie of the Revenues herof to ben applyed to other Use and Dispence to you not Profitable and so the defence of this your Reame and the sauf kepyng of the Sea not hadde nor kepte to our grete empoverishyng and hurt of this youre Reame Num. 39. Item The seid Duke of Suffolk hath caused the French Queen to have of the Revenues of this your Reame c. Num. 40. Item That where the Lord Sudeley late youre Treasourer of this your Reame the tyme of his departier out of his seid Office of his grete Trouth and Prudence for the defence of youre seid Reame and support of the Charges necessarie of the same left in youre Treasourie in redy Money and sure payment the some of 60000 l. of Quinsismes and Dismes and other Revenues of this youre Reame which Money if it had be well dispended and to such entent as it was left fore in youre Tresourie wold gretely have holpen to the Defence of the same the grete parte of which 60000 l. by the Labour and Means of the seid Duke of Suffolk hath ben myscheavously yeven and distribute to hymself his Frendes and Wele-willers For lakke of which Treasoure noo Armee nor competent Ordeinance myght be sufficiently in due tyme purveyed for thees Premisses Num. 41. Item the seid Duke of Suffolk by his full comberous Suyte and fals coloured Suggestions without eney Merite or deservyng hath optayned of youre Geft to hym in Estate of Enheretaunce the Erldome of Pembroke the Reversion of the Lordshippe of Haverford West after the Deth of Sir Rowland Lenthale with other grete Castells and Lordshipps as well in Englond as in Wales and dyvers grete Wards and Marriages of Heirs and their Enheritaunces in special of Margerette Doughterr and Heire of John late Duke of Somerset by which ye have hadde over grete dammage for it wold heve sufficed to a grete part of the Expense of youre Houshold The next Article relates to his having embezzel'd several Bonds remaining in the Treasury The next to his having embezzel'd several Writs The next for his having procur'd an irregular Pardon for William Tailleboys a Debtor to the King Which Articles being long we omit Num. 45. Item The seid Duke conceyvyng himself to be with you privyest and best trusted by full many Yeres hath presumed upon hymself to name to yovre Highnesse and caused to be made dyvers Persones Shirreves of many youre Countees in this youre Reame some for lucre of good and some to be applyable to his entent and Commandement to fulfylle his Desyres and Wrytyngs for such as hym lyked to th entent to enhaunce hymselfe and have over grete and unfyttyng Rule in this youre Reame Wherof ensued that they that wold not be of his Affinite in their Countreys were every Matter true or fals that he favour'd was furthered and speede and true Matters of such Persones as had not his Favour were hyndered and put abakke Perjuries therby encreased many of youre true Lieges by his Might and help of his Adherents disherited empoverished and distrowed c. The next Article relates to one of his Foreign Transactions Num. 47. Of all which Offences Misprisions and untrue Labours and false Deceytes in the seid Atticles specifyed We youre seid Commons Accuse and Empeche the seid Duke of Suffolk And in the most humble wyse beseche and pray youre Highnesse that this been enacted in this youre high Court of Parlement And that it may be proceeded upon the Premises ayenst the seid Duke during the same Parlement as the Matters and Causes forefeid requiren in Conservation of Justice to the singuler Comfort of all youre Leige People youre Rightwisenesse considering that the seyd Misprisions Fawtes and other full untrue coloured Counseils and myscheivous Dedes of the same Duke which to reherce were over-long and to diffuse have ben the Ground and Cause of the Subversion of youre Laws and Justice and Execution thereof and to the nygh likely Destruction of this youre Reame and other Places under youre Obeysaunce Num. 48. The 9th of March the Duke was brought from the Tower where the Accusations and Impeachments of the Commons were declared to him of which he desires a Copy Num. 49. The 13th of March the Duke was again brought before the Lords Spiritual and Temporal where kneeling he answer'd all the Articles of Treason by himself and utterly denyed them Num. 50. The 14th day of Marche the Chief Justice rehearsed to all the Lords by the King's Commandement saying that it is well in youre Remembrance in what wyse the Duke of Suffolk demeaned hym here yesterday And upon that axed a Question What Advyse the Lords wold yeve to the Kyng what is nowe to do furthermore in the matter which Advyse was deserred unto Monday then next comyng on the which Monday was noothyng doone in that matier Num. 51. Memorandum That on Tuesday the 17th day of Marche the Kyng sent for all his Lords both Spirituell and Temporell then beyng in Towne then the Lords present are recited into his innest Chamber with a Gabill Windowe over a Cloyster within his Paleys of Westminster and whenn they were all assembled the Kyng sent for the Duke of Suffolk the which Duke whenn he came into the Kynges Presence he kneeled down and so he kneeled continuelly stille unto the tyme the Chauncellour of Englond had seid to hym the Kyngs Commandement in Fourme that followeth Sire ye be well remembred when ye were last in the Kynges Presence and his Lords of youre Answers and Declarations upon certeyn Articles touching Accusations and Impechements of grete and horrible thyngs put upon you by the Commons of the Lond assembled in this present Parlement in ther first Bill presented by theym to the Kyngs Highnesse and how at that time ye putte you not uppon youre Parage What wold ye sey nowe further more in that matier And the seid Duke answer'd
and seid they were too horrible to speke more of theym and seid openly to the Kyng and all the Lordes that all the Articles comprehended in the seid Bille touchyng the Kyngs high Persone and thastate of his Royalme he trusteth to God he hath answered hem sufficiently for he hath denyed the Dayes the Yeres the Places and the Commumications hadd which were never thought nor wrought seying utterly they benâ—fals and untrue and in manner impossible for he seid soo grete thyngs coud not be done nor brought aboute by hymself alone onlesse that other Persones had doon her partie and be privy therto as well as he and he toke his Soule to perpetuel Damnation yf ever he knew more of thoo Maters than the Childe in the Moders Wombe And soo he not departyng from his seid Answers and Declaration submytted hym hooly to the Kynges Rule and Governance to doo with hym as hym list wheruppon the seid Chaunceller by the Kynges Commaundement seid unto hym ageyne in this Fourme Sire y conceyve you that ye not departyng from youre Answers and Declarations in the Matters aforeseyd not puttyng you uppon youre Parage submitte you hooly to the Kynges Rule and Governaunce Wherfore the Kynge commandeth me to sey you that as touchyng the grete and horrible thynges in the seid first Bille comprised the Kyng holdeth you nether declared nor charged And as touchyng the second Bille putte ayenst you touchyng Misprysions which be not Crymynal the Kynge by force of youre Submission by his owne Advyse and not reporting hym to thadvyse of his Lordes nor by wey of Judgment for he is not in place of Judgment putteth you to his Rule and Governaunce That is to say that ye before the first day of May next comyng shall absent your self out of his Reame of Englond And also from the seid first Day of May unto the end of five Yeres next following and fully complete ye shall absteyne to abyde in the Reame of Fraunce or in eny other Lordshippes or Places beyng under his Obeysaunce whersoever they be And that ye shull not shewe nor wayte nor no Man for you as far forth as ye may lette it no malice evil will harme ne hurte to eny Persone of what degree he be of or to eny of the Commons of this Parlement in noe manner of wyse for eny thing doon to you in this seid Parlement or elles where And forthwith the Viscount Beamount on the behalf of the seid Lordes both Spirituels and Temporelx and by their Advyse Assent and Desire recited seid and declared to the Kyngs Highnesse that this that was so decreed and doon by his Excellence concernyng the persone of the seid Duke proceded not by they re Advyse and Counseil but was doon by the Kyngs own demeanaunce and rule wherfore they besought the Kynge that this their seiyng myght be enacted in the Parlement Rolle for theyr more declaration hereafter with this Protestation that it should not be nor tourn in prejudice nor derogation of theym theyr Heyres ne of theyr Successors in tyme comyng but they may have and enjoy they re Lybertee and Freedome in case of theyr Parage hereafter as freely and as largely as ever they or eny of they re Auncesters or Pedecessours had and enjoyed before this tyme. Thus William de la Pool Duke of Suffolk the Kings Favourite and the Queens Minion was impeach'd by the Commons and banish'd by the Regal Authority Graft Chron. p. 609. Grafton speaking of him says He was notorious for enrychyng Hymself with the Kynges Goods and Lands gathering together and making a Monopoly of Offices Fees Wards and Ferms by reason whereof the Kynges Estate was greatly mynished and decayed and he and his Kin highly exalted and enriched Ibid. p. 610. Besides the same Author says He had dipp'd his hands in Blood having been a chief Instrument in contriving the Murther of Humphry Duke of Gloster But Sanguinary Men seldom escape unpunish'd for this Duke of Suffolk had his own Head struck off upon the side of a Cock-boat by a Servant belonging to the Duke of Exeter Cot. Post p. 280. In his Speech to the House of Commons Sir Robert Cotton cites an Old Author who gives an admirable Description of those times He says I will tell you what I found since this Assembly at Oxford written by a Reverend Man twice Vice Chancellor of this Place his Name was Gascoin a Man that saw the Tragedy of De la Pool He tells you that the Revenues of the Crown were so rent away by ill Council that the King was enforced to live deTallagiis Populi That the King was grown in debt quinque centena millia librarum That his great Favourite in treating of a foreign Marriage had lost his Master a foreign Duchy That to work his Ends he had caus'd the King to adjourn his Parliament In villis remotis partibus Regni where few People propter defectum hospitii victualium could attend and by shifting that Assembly from place to place to inforce I will use the Authors Words illos paucos qui remanebant de Communitate Regni concedere Regi quamvis pessima When the Parliament endeavour'd by an Act of Resumption the just and frequent way to repair the languishing State of the Crown for all from Hen. 3. but one till the 6 of Hen. 8. have used it this great Man told the King it was Ad dedecus Regis and forced him from it To which the Commons answer'd although Vexati laboribus Expensis quod nunquam concederent Taxam Regi until by Authority of Parliament Resumeret actualiter omnia pertinentia Coronae Angliae And that it was Magis ad dedecus Regis to leave so many poor men in intolerable want to whom the King stood then indebted Yet could not all good Council work until by Parliament that bad Great Man was banish'd which was no sooner done but an Act of Resumption followed the Inrollment of the Act of his Exilement Sir Robert Cotton that learned Antiqary is so intirely in the Right in this Assertion that whoever looks over the Records will find that there is not so much as a line interposed between the Proceedings against the Duke of Suffolk and the Act of Resumption so quickly they followed one another Which ought to be a perpetual Notice and Lesson to Posterity that when the People of England desire an Act of Resumption the Work must begin with Impeaching Corrupt Ministers We have hitherto produc'd Impeachments of elder Times which perhaps the Persons concern'd in point of Interest will call old musty Records We shall therefore now proceed to show some Presidents of a later date As our Ancestors held it a Crime for Men to procure to themselves Offices above their Capacity and Gifts and Grants from the Crown beyond their Deserts so in this latter Age the House of Commons have thought the like Proceedings not for the King's Honour and dangerous to the Publick 2
Coâ— 1. It was an Article against the Duke of Buckingham that he had such a Multiplicity of High Offices in the State as no one Person could well and truly discharge That for his own particular Gain he had sold Patents to be Peers of England to the prejudice of the Gentry and dishonour of the Nobility of this Kingdom That besides his great Employments and the Profits thereunto belonging which might have satisfy'd any moderate Ambition He had procur'd to himself several Grants of the Crown Revenue amounting to a high Value But that the Reader may have this matter of Impeachments more fully before him we shall here incert the three Articles which have Reference to our present subject tho they are already publish'd in Rushworth Rush Coll. 1 vol. p. 306. Art I. That whereas the Great Offices expressed in the said Duke's Stile and Title heretofore have been the singular Preferments of several Persons eminent in Wisdom and Trust and fully able for the weighty Service and greatest Employments of the State whereby the said Offices were both carefully and sufficiently executed by several Persons of such Wisdom Trust and Ability And others also that were employ'd by the Royal Progenitors of our Sovereign Lord the King in Places of less Dignity were much encouraged with the Hopes of Advancement And whereas divers of the said Places severally of themselves and necessarily require the whole care industry and attendance of a most provident and most able Person He the said Duke being young and unexperienced hath of late Years with exorbitant Ambition and for his own profit and advantage procured and ingrossed into his own hands the said several Offices both to the danger of the State the prejudice of that Service which should have been performed in them and to the great discouragement of others who by this his procuring and ingrossing of the said Offices are precluded from such hopes as their Vertues Abilities and Publick Employments might otherwise have given them p. 334. Art IX Whereas the Titles of Honour of this Kingdom of England were wont to be conferred as great Rewards upon such virtuous and industrious Persons as had merited them by their faithfull Service the said Duke by his importunate and subtle Procurement had not only perverted that antient and most honourable Way but also unduly for his own particular Gain he hath enforced some that were rich though unwilling to purchase Honour as the Lord R. Baron of T. who by practice of the said Duke and his Agents was drawn up to London in or about October in the Two and twentieth Year of the Reign of the late King James of famous Memory and there so threatned and dealt withal that by reason thereof he yielded to give and accordingly did pay the summ of Ten thousand pounds to the said Duke and to his use For which said Summ the said Duke in the Month January in the Two and twentieth Year of the said late King procured the Title of Baron R. of T. to the said Lord R. In which practice as the said Lord R. was much wronged in this particular so the example thereof tendeth to the prejudice of the Gentry and dishonour of the Nobility of this Kingdom p. 340. Art XII He the said Duke not contented with the great Advancement formerly received from the late King of famous Memory by his procurement and Practice in the fourteenth Year of the said King for the support of the many Places Honours and Dignities conferred on him did obtain a Grant of divers Manners Parcel of the Revenue of the Crown and of the Duchy of Lancaster to the yearly value of One thousand six hundred ninety seven pounds two shillings half-penny farthing of the old Rent with all Woods Timber Trees and Advowson part whereof amounting to the Summ of Seven hundred forty seven pounds thirteen Shillings and four Pence was rated at Two and thirty thousand Pounds but in truth of a far greater Value And likewise in the Sixteenth Year of the same Kings Reign did procure divers others Manners annexed to the Crown of the yearly value at the old Rent of Twelve hundred Pounds or thereabouts according as in a Schedule hereunto annexed appeareth In the Warrant for passing of which Lands he by his great Favour procured divers unusual Clauses to be incerted viz. That no Perquisites of Courts should be valued and that all Bailiffs Fees should be reprised in the Particulars upon which those Lands were rated whereby a President hath been introduced which all those who since that time have obtained any Lands from the Crown have pursued to the damage of his late Majesty and of our Sovereign Lord the King that now is to an exceeding great Value And afterwards he surrendred to his said Majesty divers Mannors and Lands parcel of those Lands formerly granted unto him to the Value of Seven hundred twenty three Pounds eighteen Shillings and two Pence Half-peny per annum in consideration of which surrender he procured divers other Lands of the said late King to be sold and contracted for by his own Servants and Agents and thereupon hath obtained Grants of the same to pass from his late Majesty to several Persons of this Kingdom and hath caused Tallies to be stricken for the Money being the Consideration mentioned in those Grants in the Receipt of the Exchequer as if any such Moneys had really come to his Majesties Coffers whereas the Duke or some other by his Appointment hath indeed received the same Summs and expended them upon his own Occasions And notwithstanding the great and inestimable Gain by him made by the sale of Offices Honours and by others Suits by him obtained from his Majesty and for the countenancing of divers Projects and other Courses burthensome to his Majesty's Realms both of England and Ireland the said Duke hath likewise by his procurement and practice received into his hands and disbursed to his own use exceeding great Summs that were the Moneys of the late King of famous memory as appeareth also in the said Schedule hereunto annexed And the better to colour his doings in that behalf hath obtained several Privy-Seals from his late Majesty and his Majesty that now is warranting the Payment of great Summs to Persons by him named causing it to be recited in such Privy-Seals as if those Summs were directed for seeret Services concerning the State whicâ— were notwithstanding disposed of to his own use and other Privy-Seals by him have been procured for the discharge of those Persons without Accompt and by the like fraud and practise under colour of free Gifts from his Majesty he hath gotten into his hands great Sums which were intended by his Majesty to be disbursed for the preparing furnishing and victualling of his Royal Navy by which secret and colourable devices the constant and ordinary course of the Exchequer hath been broken there being no means by matter of Record to charge either the Treasurer or Victualler of
the Navy with those Sums which ought to have to come to their hands and to be accompted for to his Majesty and such a Confusion and Mixture hath been made between the Kings Estates and the Dukes as cannot be cleared by the legal Entries and Records which ought to be truly and faithfully made and kept both for the safety of his Majesty's Treasure and for the indempnity of his Officers and Subjects whom it doth concern And also in the Sixteenth Year of the said King and in the Twentieth Year of the said King he did procure to himself several Releases from the said King of divers great Summs of â—â—ney of the said King by him privately received and which he procur'd that he might detain the same for the support of his Places Honours and Dignities And these things and divers others of the like kind as appeareth in the Schedule annexed hath he done to the exceeding diminution of the Revenue of the Crown and in deceit both of our Soveraign Lord the King that now is and of the late King James of famous Memory and to the detriment of the whole Kingdom The Duke escaped this Storm by the sudden Dissolution which was chiefly to save him however in the next Parliament 4 Car. 1. he was again attacked as freshly as before which again he had Interest enough to get dissolv'd but had he liv'd to see another he must undoubtedly have sunk under the just Anger of the House of Commons For the People of England have never patiently born to see immoderate Wealth Power and Honours with variety of Great Offices conferr'd upon any single Person Hardly any Favourite had Nobler Qualities than this great Man He was Beautiful in his Person Magnificent in his Nature and not without either Heart or Understanding Many People had tasted of his Private Liberalities He would hunt out for Persons of Merit and bring 'em from their most secret Retirements into Business He was rough only to his Enemies but most earnest and ready to oblige his Friends He would often get for others what he might conveniently have kept for himself He governed not only his Domestick Affairs but his Transactions in the State by the Advice of a select number of Friends all able Men but not engaged in Publick Matters whom he retain'd in his Service by Pensions out of his own Purse And yet thus qualify'd as he was it was not thought reasonable in Parliament that so high Honours so much Wealth and Power and such a multiplicity of Employments should be conferr'd upon so young a Man If such a one could not stand before the People much less will they in any future Reign bear to see Men with the like Wealth pour'd upon 'em and in the like Station of Power and Favour who have none of his Qualifications who are contemptible in their Figures who make no Expence but what tends to their private Luxury of whose Bounty no one ever tasted who bar the Court Gates to any Merit who never did any kind Office who make a sale of all Employments who creep to their Enemies and slight their Friends who never did good but for themselves or to here and there an humble Flatterer and who never in their Transactions for the State govern themselves by the Advice of grave Friends but act all things upon their own giddy Heads ever drown'd in Wine or heated by Debauches Journal of the House of Commons But to return to our present Matter Martis die 24 Nov. 1640. There were Reported eight Articles in maintenance of the Commons Accusation against the Earl of Strafford which were agreed upon the day following and of which the III d Article is That the better to inrich and enable himself to go through with his Traiterous Designs he hath detained a great Part of his Majesty's Revenue without giving Legal Account and hath taken great Summs out of the Exchequer converting them to his own use when his Majesty wanted Money for his own Urgent Occasions and his Army had been a long time unpaid In the Heads of the Accusation against the Earl of Clarendon reported by Sir Thomas Littleâ—on Wednesday 6 Nov. 1667. one of the Articles was Journal of the House of Commons Art 8. That he hath-in a short time gained to himself a greater Estate than can be imagined to be gained lawfully in so short a time and contrary to his Oath hath procured several Grants under the Great Seal from His Majejesty to himself and Relations of several of His Majesty's Lands Hereditaments and Leases to the Disprofit of his Majesty We all know the Impeachment against that Noble Earl was rather a Court-Design than carried on by good Patriots The Zeal he had shown for the Laws of his Country had stirr'd him up some Enemies And because he would not make a Difference between the King and Duke of York he chose to retire which Retirement was follow'd by an Act to banish him But had he he staid and stood his Trial no doubt he had justified himself in this and in the other Articles For upon Enquiry the Writer of these Papers is inform'd that he had not procured any Grant of the Crown Demeasnes And as to Clarendon Park now in the Family and which was Crown-Land that he bought it at the full Value of the Old Duke of Albemarl who had begg'd it of the King But if he had received any Gift of Forefeited Estates or in Money his long services and sufferings and his having been a Companion in his Master's Exile might very well deserve any such sort of Bounty Journal of the House of Commons Jovis 15 die Jan. 1673. Articles of Treasonable and other Crimes of high Misdemeanor against the Earl of Arlington Principal Secretary of State being open'd were presented to the House and read The Articles containing matter of Treason were seven It was further open'd That the said Earl had been guilty of many undue practices to promote his own Greatness and had embezzel'd and wasted the Treasure of his Nation Art 1. By procuring vast and Exorbitant Grants for himself both in England and Ireland breaking into the Settlement of that Kingdom and dispossessing several English Adventurers and Soldiers of their Properties and Freeholds in which they were duly and legally stated without any Colour of Reason or suggestion of Right Art 2. By charging excessive and almost incredible Sums for false and deceitful Intelligence Art 3. By procuring His Majesties Hand for the giving away between his first Entrance into his Office the Value of Three Millions of Sterling Money at the least the several Grants whereof are extent countersigned by him and by him only Martis 20 die Jan. 1673. The House resumed the adjourn'd Debate concerning the Lord Arlington The Question being put That an Address be presented to His Majesty to remove the Earl of Arlington from all his Employments that are held during His Majesty's Pleasure and from His Majesty's Presence and Council
for ever It pass'd in the Negative by 39 Voices Resolved That a Committee be appointed to consider of the Articles against the Earl of Arlington and to report what Matter is therein contained and can be prov'd that is fit for an Impeachment Committed to Mr. Crouch c. Memorandum The Committee never made their Report for the 24th of March the Parliament was Prorogued to the 10th of November 1674 and so the Matter fell Journal of the House of Commons Lunae 26 die Apr. 1675. A Charge or Impeachment against Thomas Earl of Danby Lord High-Treasurer of England containing several Offences Crimes and Misdemeanors of a very high Nature being presented and opened to the House and afterwards brought in and delivered at the Clerk's Table and read Art 6. That the said Earl hath procured great Gifts and Grants from the Crown whilst under great Debts by Warrants counter-signed by himself The 2d Article of the Impeachment being read and the Matter thereof debated Resolved That before the House do proceed farther in the Debate of this Article they will hear the Witnesses The Witnesses were heard then the House Adjourn'd Lunae 3 die Maii 1675. The House then proceeded in the farther Consideration of the Articles against the Lord-Treasurer And 3d. 4th 5th 6th and 7th Articles being read and the Question being severally put Whether any fit Matter doth appear in the Examination of those Articles to impeach the Lord-Treasurer It pass'd in the Negative Journal of the House of Commons Sabbati 21 die Decemb. 1678. Articles of Impeachment of High Treason and other High Crimes Misdemeanors and Offences against Thomas Earl of Danby Lord High-Treasurer of England were delivered from the Committee Art 5. That he hath wasted the King's Treasure by issuing out of His Majesty's Exchequer and several Branches of his Revenue divers great Summs of Money for unnecessary Pensions and secret Services to the Value of 231602 l. within Two Years And thus he hath wholly diverted out of the known Method and Government of the Exchequer one whole Branch of His Majesty's Revenue to private Uses without any Account to be made thereof in the Exchequer contrary to the express Act of Parliament which granted the same And he hath removed two of His Majesty's Commissioners of that part of the Revenue for refusing to consent to such his unwarrantable Actings and to advance Money upon that part of the Revenue for private Uses Art 6. That he hath by indirect Means procur'd from His Majesty for himself divers Considerable Gifts and Grants of Inheritance of the Ancient Revenue of the Crown even contrary to Acts of Parliament Ordered That the Articlee of Impeachment against the Lord High-Treesurer be Engrossed and that Sir Henry Capel do carry them up to the Lords on Monday Morning next We have cited these two presidents relating to the Earl of Danby to shew when the old Whigs were in the supermest Perfection of their Virtue and Publick Zeal That they then thought it a High Crime and Misdemeanor For a Minister to Picture to himself Giants out of the King's Revenue By the Authorities and Presidents we have quoted it appears manifestly that our Ancestors have from the first Institution of this Government very highly resented such Proceedings But here it may be asked how a Statesman is to behave himself when the Prince is inclin'd to Liberality and overborn with Importunities to give away what should subsist Him and the State To which we answer That the Lord Chancellor's Oath plainly directs the Minister in his Duty Ye shall neither know nor suffer the King 's Hurt nor his Disheriting nor that the Rights of the Crown be distressed by any Means as far forth as ye may let it And if ye may not let it ye shall make Knowledge thereof clearly and expresly to the King with your True Advice and Council By which Words without doubt the Law must mean and the Chancellor's Oath is part of our Law and Constitution That this high Officer is to oppose with all his Power and Intrest what he sees tending to the King and Kingdom 's Prejudice and if he finds a great Number of Grants passing the Law intends by binding him with such an Oath That he should from time to time represent to the King his Debts the Taxes and Necessities of the Nation But suppose that notwithstanding this Representation the Prince will have the Grant to proceed how is the Minister to act in such a Case Without doubt he is then to consider this Maxim of our Law That the King can do no hurt and that the Minister only is accountable for any Male-Administration He is to contemplate what high Officers in the State have been impeached upon the like Account and without all Controversie he is rather to leave the Court and quit his Employment than to do a thing which cannot be justified by the Laws and Constitution of this Kingdom * Daniel P. 134. Simon Normannus Keeper of the Great Seal under Henry III. and Jeffery his Brother both Knights-Templars and Men in great Powrr suffer'd themselves to be turn'd out of their Employment rather than to pass a Grant from the King of Four Pence upon every Sack of Wool to Thomas Earl of Flanders the King's Uncle P. 519. †Matthew Parris speaking of these two Brothers being put from Court says Seminarium Causa praecipua fuit hujus Irae Regiae quod idem Simon noluit consignare quoddam detestabile Scriptum contra Coronam Domini Regis confectum Cujus Tenor talis fuit ut Comes Flandriae Thomas perciperet de quolibet sacco Lanae delatae ab Anglia per partes suas Telonium Scilicet de quolibet sacco quatuor denariorum Nec Galfridus Templarius huic enormi facto consensit licet Rex ad hoc avide nimis anhelaverit 'T is true Men are very unwilling to quit Great Employments attended with much Wealth and High Honours and the common Excuse of such as comply more than they ought is That others will be readily found to do the same thing So that they shall prejudice themselves without any Advantage to the Publick Nay they often pretend to remain at Court only to prevent greater and farther Mischiefs Suppose then this to be Case and that the Tide runs so strongly one way that no single Minister in his Station is able to stem it and that the Prince will divest himself of his Revenues notwithstanding he is otherwise advis'd what does the Constitution of this Kingdom require from a Lord Chancellor a Lord Treasurer Lord Privy-Seal and the Secretary of State when such Measures are taken What Proofs will clear them before the whole World that they are no ways consenting to such Proceedings and that things are carried by an irresistible Strength against that Council they would be thought to give Without doubt they stand justified before a Parliament and in the Opinions of the People if they give manifest Evidence that their
made for the Expences of the current Year But the Honour of the House of Commons and the Credit of the Nation seem absolutely engaged to make good several Deficiencies to which we are not only bound by Publick Faith which ought to be inviolable but by direct and express Clauses in Acts of Parliament so that when a Law has Enacted That such a Debt should be paid by a prefix'd time all Ways and Means ought to be thought upon to make that Promise good not so much for the sake of Credit to go a borrowing with which Parliaments can hardly loose but to keep sacred the Dignity and Majesty of the Common-wealth There is no Man will pretend to say but that the Ways and Means of raising Mony are extreamly difficult Almost every Branch of our home Consumption has a Load upon it Our Foreign Traffick is already more charg'd than can possibly consist wich the Interest of a Trading Country Three Shillings per Pound with the strictness 't is now levyed is such a Weight that if it be much longer continu'd must in time certainly ruin all the less Free-holders and greatly hurt the Gentry of this Kingdom To lay farther Excises upon the same Commodities cannot be done without apparent prejudice to the Duties already granted the same will hold in laying higher Customs To charge Land for any long term of Years in times of Peace is a thing unheard of among our Ancestor and tho' past Conduct has made it perhaps unavoidable for some Years to come yet the People will think themselves very ill dealt with by their Representatives if Care be not taken to lay as few Burthens upon their Land as possible Some indeed have been of Opinion that the Deficiencies may be satisfy'd and that the Debts may be paid by prolonging the Fonds already granted for a further term of time but others who love their Country have thought it dishonourable and dangerous that England should be so long pawn'd and continue for so many Years in Mortgage They think it not safe for our Constitution nor consistant with our Civil Rights that there should be levyed in this Kingdom for any number of Years near four Millions annually in Customs Excises and such like Duties which in some future Reign bad Ministers may perhaps seize upon and intercept by stopping the Exchequer in order to set up an Army and to subsist without a Parliament Of this good Patriots will be always apprehensive and have therefore ever abhorr'd these long Fonds which all the Neighbouring Princes round about us have constantly made use of for subverting the Liberties of their People Some without Doors have been for trying such wild Projects as was that of increasing the number of Exchequer-Bills which indeed was a good Expedient to lull our Creditors asleep and to quiet Things for the present while certain Persons might have the Opportunity of doing their own Business and of Building up their own Fortunes but the Publick could thereby have reap'd no Benefit On the contrary this Calm in our Affairs and the not being press'd by any clamorous demands would have occasion'd and encourag'd still more and more bad Husbandry and at last the Debt must have come upon us with the addition of a heavy load of Interest besides which is unanswerable if a War had overtaken the Nation with such a Debt upon it all due and demandable at a Day Publick Credit must have sunk at once upon which would have follow'd Ruin without Redemption Good Patriots will never think England can be effectually reliev'd by any Ways and Means of raising Mony but such as shall sink part of the Principal Debt and hinder us from being eaten up by that Canker of Vsury which has been so destructive to this Government Nor will English-men we mean such of 'em as consider at all think that Trade can flourish or that Liberty is intirely safe 'till our Payments to the Publick are reduc'd to what they were before the War viz. two Milions Yearly for this Nation will be ever apprehensive That such mighty Sums as we now pay may hereafter in the Reign of some other Prince be turn'd against the People tho' given and granted for their Preservation Since therefore the common Ways and Means of raising Money may be dangerous in their future Consequence or a present Burthen upon the Nation it imports good Patriots to consider whether or no the Necessities of the Government may not be supply'd by the Methods which our Ancestors have so frequently put in Practice By which we mean whether or no a Resumption of such Lands in England and more especially in Ireland as have lately been granted away from the Crown would not be a great Relief and Ease to the People in their Taxes If a Resumption can be made without breaking into the Rules of Justice or without bringing any Reflection upon the King whose Honour above all things ought to be regarded and if thereby two Millions can be rais'd to come in the room and place of a Land-Tax very few People will think it strange for the Legislative Authority to exert it self in a matter so much for the Common Ease and Benefit And where the Publick is so deeply concern'd but very few Persons will consider or consult the private Interest of such as have procur'd the Grants Therefore in handling this Subject we shall endeavour to examin into and state these following Points I. How far it is consistent with the Honour of a Prince to desire and promote a Resumption by Act of Parliament II. What Interest the People of England have in the Lands granted away and especially as to the forfeited Estates in Ireland III. How far in an Act of Resumption it is just and reasonable to look backwards 1st How far it is consistent with the Honor of a Prince to desire and promote a Resumption by Act of Parliament There is nothing more evident in our Histories than that the most magnanimous of our Kings have been the most free in confirming to the People their Antient Liberties Magna Charta as it is now deriv'd down to us was modell'd by Henry the 1st a Math. Par. fol. 74. Prince famous for his Military Virtues which was confirm'd by Stephen a King active enough in the Field This Sheet-Anchor of our Liberties was yet more strengthen'd by Edward 3d as Renowned as any of our Kings for Personal Valour and Victories abroad That which heretofore by Flatterers and Corrupt Ministers has been call'd Prerogative was never insisted upon but by weak and effeminate Princes who desir'd that their Immoderate Appetites of doing Ill might be justifi'd and strengthen'd by more Power than was allow'd 'em by the Laws Magnanimous Kings have always thought That the Royal Prerogative consisted chiefly in the Power of doing Good to so many Millions of Men who depend upon their Wisdom and Courage Henry the 4th that Heroick Prince who obtain'd the Crown by his own Personal Merits was so
Country A Prince thirsting after present or future Renown whose Example would he desire to follow That of Henry the 4th who by his Frugality brought the Crown of France out of Debt or that of Henry the 3d who harrass'd his whole Kingdom to build up four or five great Families whereby he got no more than to leave behind him so many conspicuous Monuments of his Weakness No doubt it has heretofore been thought injurious to the Reputation of a Prince to be urged by clamorous Debts to suffer many thousands of miserable Persons to want what is their due to have his Troops unpaid and his Seamen in vast Arrears and to let his menial Servants starve first by retrenchments and then by being without their settled Wages and Allowances These are truly Blemishes upon a Princes Glory and were represented as such by the Commons of England assembled in Parliament 28 Hen. 6. when they made Application That these Reflections might be taken away and that these Grievances might be redress'd and affirm'd at the same time That they could not grant any Aid unless the King would actually resume what had been obtain'd from the Crown by Importunity or Surprize upon false Suggestions or by Contrivance among the Great ones Seldom any Prince has miscarry'd in his Fame or Fortune who has constantly pursued the Publick Good and who has directed all his Counsels to his Countreys Ease and Benefit but History is full of their Troubles and Disasters who have obstinately adhear'd to a few against the whole and who have confin'd to particular Objects that Affection which ought to be extended to the universal Body of their People What was done by Henry the 1st Henry the 2d and by that Hero Richard Cordelyon What was done by that Conqueror of France Henry the 5th What that Spirited and Martial Prince Edward the 4th desir'd his Parliament in a Speech from the Throne to put in Execution and which he thanked them afterwards for doing can never be thought dishonourable in any other King and among English Men a Prince will never suffer in his present or future Renown for treading in their Steps and following their Examples And without doubt these Noble and Warlike Princes did not think the Regal Power at all impair'd by giving Way to the Resumptions which were made during their Reigns for in all these Exercises of the Legislative Authority Lords and Commons do but act subserviently under a King for his Profit Grctiu s de Jure Belli ac Pacis l. 1. Cap. 3. Num. 18. which Grotius very finely thus Illustrates Multum falluntur qui existimant cum Reges Acta quaedam sua nolunt rata esse nisi a Senatu aut alio Coetu aliquo probentur partitionem fieri potestatis nam quae Acta eum in modum rescinduntur intelligi debent rescindi Regis ipsius Imperio qui eo modo sibi cavere voluit ne quid fallaciter impetratum pro vera ipsius voluntate haberetur 2dly What Interest the People of England have in the Lands granted away and especially as to the Forfeited Estates in Ireland As to Lands appertaining to the Imperial Crown of England and of its Antient Demeasnes 't is not at all clear that they can be alienated the Fundamentals and general Grounds of Government consider'd Grotius is directly Lib. 2. Cap. 6. Num. 1â— of this Sentiment Patrimonium quoque Populi cujus fructus distinati sunt ad sustentanda Reipublicae aut Regiae dignitatis onera a Regibus alienari nec in totum nec in partâ—m potest Nam in hoc jus majus Fructuario non habent And to fortisie his own Opinion he produces very many great Authorities But we shall take notiee of some he has not mention'd Hotman is clearly of Opinion Hotman de Jâ—r Reg. Gall. T. 3. Col. 139. That the Kings of France could not alienate the Demeasnes of the Crown Itaque Anno cio ccc xcix cùm Rex Carolus comiti sampaulino particulam quandam sui domanii donasset Senatus Parisiensis pro vetere veteris trium statuum Parlamenti jure intercessit ac pronuntiavit Regii dominii diminutionem nullius esse momenti nisi cujus auctor Senatus ille Parisiensis fuisset Quod decretum Paponius inter arresta sua retulit lib. 5. tit 10. ubi alia complura generis ejusdem Senatus consulta commemorat And a little lower Quae sanè lex Reipublicae per quam utilis est ad regii dominii conservationem Quia tum demum ad tributa indictiones extraordinarias quibus plebs oneratur decurri tanquam ad subsidium solet cum illud dominium Col. 140. regium exhaustum est And again Jus Regum Francorum ita constitutum est ut non infinitam immensam regno atque imperio suo abutendi potestatem haberent non regni Patrimonium insanis largitionibus donationibus immodicis prodigorum instar dissiparent sed utpatriae ac populorum suorum salutem fidei suae creditam incolumem servarent neque ulla ex parte Rempublicam sibi commissam violarent denique ut sanctissimum illud M. Tullii praeceptum servarent Vt tutelam sic procurationem Reip. ad utilitatem eorum qui commssi sunt non ad eorum quibus commissa est gerendam esse But as we have noted in the precedent Section this Point is become more doubtful since the late Act for declaring the Rights and Liberties of the Subject which Act absolutely condemns those Clauses of non Obstante whereby these Alienations were formerly supported and such Clauses being condemn'd there are strong Reasons to think that the Act 11 H. 4. which clearly prohibits such Grants is now return'd to its first Force and Vigour However let this Matter stand as it will we shall probably make it appear That the Lands in Ireland which the People of England have within a few Years repurchased with so much Blood and Treasure are quite upon another Foot Lib. 3. Cap. 6. Num. 10. Grotiuus affirms 't is the Law of Natious Ex Jure Gentium That the Lands of the Vanquish'd should go to the Conquering People Ex quo gentium Jure Scipio agit â—um Masinissa apud Livium Syphax Populi Romani Auspiciis victus Captusque est Itaque Conjux Regnum Ager Oppida homines qui incolunt quicquid Syphacis fuit Praeda Populi Romani est What he terms the Law of Nations is all the highest Result of Reason for is it not just that what is gain'd at their Expence should belong to them Hotman putting the Case how it should be if the Lands to be given away are newly Conquer'd says †Hotman Quaest Il-Iust T. 1. Col. 850. Restat pars ultima cùm armis Bello regnum quaesitum est Nam cùm armis Principis partum atque in ejus ditionem redactum sit consentaneum videtur ut de eo statuere arbitratu suo possit Sed cum eam ditionem solus ac
jus Regibus tribuere And a little before * Subscribere Ibid. n. 8. non possumus Jurisconsultis qui ad Regulam de non alienandis Imperii partibus adjiciunt exceptiones duas de publica utilitate de necessitate nisi hoc sensu ut ubi eadem est utilitas communis Corporis Partis facile ex silentio etiam non longi temporis consensus populi partis intervenisse videatur facilius vero si etiam necessitas appareat At ubi manifesta est in contrarium voluntas aut corporis aut partis nihil actum debet intelligi And a little lower he says Ibid. n. 11. * Nec admitto exceptionem si res modisticum valeat quia quod meum non est ejus nec exiguam partem alienare mihi jus est sed in rebus modicis quam in magnis consensus Populiex scientia ex silentio facilius praesumitur So that this great Civilian is of Opinion that the Acquiescence and long silence of one of the Constituent parts of a State is in a manner an Approbation of what the other does No doubt the People by their Representatives have a Right to complain when they see that wasted which must be supplied out of their Purses and they have a Right to propose Resumptions when they become of absolute Necessity But this Right they may suspend for a Season pro hac vice Ibid. cap 4. n. 4. renounce * Venit enim hoc non ex Jure Civili sed ex Jure Naturali quo quâ—sque suum potest abdicare No doubt the People may lay claim to what the whole has an Interest in to wit the Publick Revenues but this claim ought to be made within some moderate Compass of Time so as not to produce any distraction or disturbance in Men's Titles and Possessions For otherwise such a Claim will occasion more Disorders than it can propose to remedy But when it has been forborn too long and when the People have been suffer'd to imagin that the Circumstances of the time admitted of a such a Profusion or that their Representatives have acted upon some Reason of State and that they did not resume because 't was better these Estates of the Crown should be in private Hands When the Silence of those who had right to complain seems to have justified such proceedings and when upon all these Presumptions private Men have gon on for many Years to buy and sell in the way of their common Business to come afterwards with Cato's Rule and say There is no praescribing against the Publick would be unjust and dangerous Sylla made strange Alterations in the State of Rome in its Governments Magistracies and also in the Properties of Men however the Senate had submitted and in a tract of Time the People was accustomed to these Establishments but Cataline and his Accomplices not out of Love to the Common-wealth Vit. Cic. as * Plutarch notes and rather to innovate in things and to find matter for Civil War would change what was already fix'd but Cicero and the best Citizens of Rome thought the Mischief had taken too deep a Root that to alter what had been done some Years before and which concern'd so many would alarm and affect too great a number of Persons therefore the good Patriots of that Age would not consent to break into the Acts of Sylla In the same manner most certainly King Charles acted against the Trust of his high Office in permitting such a Spoil to be made of his and the Nations Revenue but no good Man who loves the Peace and Quiet of his Country would desire to unravel what has been done so many Years ago and in which so many Thousands are concern'd The Evil is grown too big for Correction 'T is like a Disease which is become in a manner part of the Constitution of which to attempt the Cure would be to kill the Patient They whose Duty it was to take Care of the Body Politick have suffer'd the Distemper to proceed too far By the Negligence of the State which for Forty Years together has let this Matter go on without Check and Inquiry most of those who are in Possession of Grants from King Charles are now Possessors bona fide and purchasors upon a valuable Consideration Were they now in the Possession of those who had first procured the Grants no doubt according to the Constitution of this Kingdom they might justly be resumed But the Case is notoriously quite otherwise in the space of Forty Years most of those Estates have been sold over and over and from time to time have pass'd through so many Hands that a Resumption from the 1st Day of his Reign as they propose who would load this matter to perplex and defeat it cannot be made without breaking into so many private Contracts Marriage Settlements Jointures Mortgages and Sales for Valuable Consideration that there is hardly any Tax which probably the People of England would not consent to rather than bring so vast a Disorder and Ruin upon such a number of private Families From what has been here laid down it will appear to any disinterested Reader that King Charles's Grants and those lately made do not stand upon the same Foot and that the Cases differ in many and very material Circumstances 1st The Law is perhaps otherwise now than the common and receiv'd Practice of it then was but as we have before said 't is submitted to the Gentlemen of the long Robe to determin in that Point 2dly What King Charles had done was winked at because the flourishing Trade Wealth of the Nation and its long Peace might bear such Gifts which were not to be supply'd by new and heavy Taxes But our present Condition is not the same there was not then rais'd upon the People quite two Millions per Annum England of late has paid and for some time to come will pay at least Five Millions per Annum The Publick had not then been exhausted and was not in Debt we have in Ten Years actually levyed Thirty Millions and still owe near Twenty Millions above four of which are not yet provided for 3dly The Nation seem'd to acquiesce in what King Charles had done for tho' something was mov'd at first to restrain and regulate Alienations from the Crown the matter had little Progress and afterwards we have not heard it was pushed on with any Vigour the Claim was not so strongly made as by the Rules of Justice to take away from the Possessors any Pretences to Praescription But in our present Case a solemn Assurance has been given from the Throne That no grant should be made of the forfeited Lands in England and Ireland till there should be another Opportunity of setling that Matter in Parliament in such manner as should be thought expedient Afterwards as we have shewn an Address was presented that no Grant might be made of the forfeited Lands in Ireland And almost
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