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
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-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-Abby-Lands But notwithstanding the expensive Temper of this Prince he left his Successors very sufficient and substantial Landlords in England For we found in Sir Robert Cotton's Library in a * Cleopatra F. 6. Fol. 51. Book part of which is of that learned Antiquary's own Hand writing and to which King James the First has set his Name James R. which Book contains very many curious Things That the Revenue of the 12th of Elizabeth besides the Wards and Dutchy of Laâ—câ—ster amounted to 188197 l. 4 s. per Annum The Writer of these Papers does not remember to have met with any Thing relating to Resumptions in the Reign of Queen Elizabeth but the Reason why nothing of that Nature should be done in her Time is very obvious her Father had alienated from the Crown a great Part of the Abby-Lands or exchang'd 'em for other Lands as a Multitude of Acts pass'd to that Purpose in his Reign Witness And it was a strong Security to the Protestant Religion and Interest that those Estates should remain in the Hands and Possessions of private Persons A Resumption was thought on in the Reign of King James the First of which the forementioned Tracts of Sir Robert Cotton are a sufficient Evidence Besides in the †Annals of King Jam. p. 10. Annals of those Times 't is said to have been debated in Council But in the Reign of King Charles the Second a Resumption was again agitated for we find in the Journals of the House of Commons Martis 22 Die Maii 1660. A Bill for making void of Grants made since May 1642 of Titles of Honor Mannors Lands Tenements and Hereditaments pass'd under several great Seals by the late King Charles or the King's Majesty that now is or any other great Seal was this Day read the second Time and upon the Question committed c. And as a Mark that these Alienations of the Crown-Revenue were always distasteful to the People of England and to show that the House of Commons desir'd that a new Prince should betimes know the Nation 's Sence in this Matter we shall produce the following Resolves of that Parliament which restor'd King Charles Martis 4 Die Sept. 1660. Resolv'd That this House doth agree with the Committee That a Bill be brought in for Settling the Lands of the Crown so as that no Grant of the Inheritance shall be good in Law nor any Lease for more than Three Lives or One and Thirty Years where a Third Part of the true yearly Value is reserv'd for a Rent as it shall appear upon a Return of a Survey which that Act is to take Order for to be speedily had and taken and that Mr. Sollicitor General and Mr. Serjeant Glyn do prepare and bring in a Bill accordingly Resolv'd That this House doth agree with the Committee That the King's Majesty be humbly desir'd from this House to forbear to make any Leases of the Lands or other Grants of the Revenue of the Crown till the said last mention'd Act be pass'd And the Reason why these good Resolutions took no Effect is not at all difficult to discover 'T is to be fear'd that too many we mean without Doors in those corrupt Times not only were concern'd in the Grant already made but likewise did design as it prov'd afterwards to get for themselves what remain'd of the King's Lands And now for a full Answer to those who pretend Resumptions had never any Effect we shall produce a State of the Crown-Revenue as it lay before the House of Commons the same Year Martis die 4. Sept. 1660. ' Sir Heneage Finch reports from the Committee That according to the best Information the Committee could receive and by Estimate the Revenue amountted to 819398 l. per Annum viz.  l. By Customs 400000. By Composition for the Court of Wards 100000. The Revenue of Farms and Rents 263598. The Office of Postage 21500. The Proceed of Dean Forest 4000. The Imposition on the Sea-Coal exported 8000. Wine-Licenâ—e and other Additions 22300. Total 819398. From which Accompt it appears that notwithstanding the Profusion of Henry the Eighth and the irregular Bounty of K. James the 1st to his Scots the Land-Revenue of the Crown which Anno 28. Hen. 6. when the Parliament made the first formal and regular Resumption was reduc'd to 5000 l. per Annum came afterwards with the Forest of Dean to amount to 267598 l. per Annum Our Princes have seldom been known to purchase Lands The Abby-Lands could not make this
England And what succeeded to this unfortunate Prince upon such an extraordinary Act of Violence is but too manifest The Ministers and Promoters of all the Irregularities committed by that King were the two Spencers Earls of Winchester and Glocester who were put to death in a tumultuous manner * Col. 2547. Knyghton indeed says the Earl of Glocester was arraign'd before Sir William Trussel Justiciarie Dominus Hugo Spencer ductus coram domino Willielmo Trussell Justiciario areniatus est coram eo ad Barrum One of the principal Heads of the Accusation against Hugh Spencer was for that he had advised the King to give and grant unto the false Traitor the Earl of Winchester Andrew Harkely and to himself Lands appertaining to the Crown in disherison thereof * Kâ—yghâ—on Col. 2548. Hugh apres celle maveiste vous Consellastes nostre Seignour le Roy en desheritaunce de sa Coronne a doner vostre Piere que fuist faux Traytour le Conte de Wyncestre Andrewe de Harkely Traytour notorye attaynte le Conte de Cardoyle Et a vous Hugh la Terre de Cantermaure altres Terres que furont proprement Appurtenancez a la Coronne For which and for other Crimes he was condemned and Executed Among the Articles exhibited in Parliament Anno 4. Edw. 3. against Roger Mortimer Earl of March two of 'em are for procuring to himself Grants of the Crown-Revenue That he caused the King to make him Earl of March and to give Him and his Heirs many Lands in Disherison of the Crown And that the said Roger caused the King to give to Him and his Children and Confederates Castles Towns Mannors and Franchises in England Ireland and Wales in decrease of the Revenues of the Crown Judicium Rogeri de Mortimer * Rot. Parl. 4 Edw. 3. Et a mesme le Parlement per son dit Royal Poer a luy accroche fist tante qe nostre Seignour le Roy luy fist Conte de la Marchie luy dona plusours Terres a luy a ses Heirs en desheritance nostre dit Seignour le Roy de sa Corone Item le dit Roger per son Royal Poer a luy accroche fist le Roy doner a luy a ses Enfantz a ses Alliez Chastelx Villes Manoirs Franchises en Engleterre Irland Gales en decrese de sa Corone Rot. ibid For this and for other Crimes of which some were judg'd to amount to Treason he was condemned to be hang'd at Tyburn and the Sheriffs of London were order'd to attend the Execution In the 10th of Richard II. Michael de la Pool Earl of Suffolk was Impeach'd in Parliament upon several Articles the Principal of which was For that being Lord Chancellor and sworn to promote the King's Profit he had purchas'd of the King Lands Tenements and Rents of a great Value against his Oath and such Grants being more than he deserv'd considering the great Poverty of the King and Kingdom To which he answer'd that he had no Lands of the King but since his being created Earl and that by way of Exchange To which the Commons reply'd by showing the Oath he took when he was made Lord Chancellor the Effect whereof was for doing Justice observing the Laws Councelling the King and not to suffer any Damage or Disherison of the Crown and that by all means he should promote the King's Profit And hereupon because he confess'd the Gift of the Lands to him whilst he was Chancellor and that during the same time the Exchange was made of good Lands for a Casual Custom at the Port of Hull they inferr'd that the same was not for the King's Profit according to the Tenor of the Chancellor's Oath And therefore they pray Judgment The Judgment against the said Earl was That for Breach of his Oath all the said Mannors and Hereditaments which he had of the King's Gift should be seiz'd into the King's Hands together with all the mean Profits saving to the Earl his 20 l. per Annum Creation-Mony in the County of Suffolk But take the Words of the Record as far forth as they relate to the present Matter Rot. Parl. 10 Ri. 2. P. 1. Num. 1. Premierement qe le dit Conte estant Chanceller jure de faire le Profit du Roy purchassa de nostre Seignour le Roy Terres Tenements et Rents a grand value come piert per Recordes Rolles de la Chancellerie encontre son serment La ou il n'avoit tant desservi considerez la grante necessite du Roy et du Royalme et outre ce a cause qe le dit Conte fust Chanceller au temps du dit Purchasse faite les dites Terres et Tenements furent extendus a meindre value qils ne veillent per an per grant some en deceite du Roy. Rot. ibid. Nu. 6. Qand al premier Article de son Empechement cest assavoir depuis qil estoit Chanceller qil deust purchasser certeins Terres du Roy c. Le dit Conte respond qe depuis qil fust Chanceller il ne purchassa unqes nulles Terres ne Tenements du Roy ne le Roy luy donna ne al nully des soins nulles Terres ne Tenements tant qe aux temps qe le Roy fist prendre l'estat du Conte mes per voie de verrai Exchange Cest assavoir qe come le dit Conte avoit CCCC Marcs annuelx sur la Custume de Kyngston sur Hull per descente de Heritage pur qeux il pleust au Roy d assigner au dit Conte Terres et Tenements a la value et assignee et ordonna partie devant qil fust Chanceller et partie depuis et ce au profit du Roy si bien annuellement come par Cause de une Some de mille Marcs paiees ou Roy per le dit Conte pour celle cause c. Then he proceeds to give several Particulars of the Agreement and to set forth his Merits and that the King made him take the Honour of Earl upon him without his seeking and how he was persuaded to be Chancellor But it seems the Parliament did not take his Answer to be sufficient for the Commons reply'd in the Words following Rot. ibid. Num. 8. Et les Communes replians al responce du dit Conte del premier Article Monstrent as Seignours la Copie de son serment fait qant il fust Creez Chanceller en maniere quensuit Vous Jurrez qe bien et Loyallement servirez a nostre Seignour le Roy et a son People en l office de Chanceller et droit feres as toutes Gens pouvres et riches seloncles lois et usages du Royalme et loyalement conseillerez le Roy et son Conseil sellerez et qe vous ne saverez ne sufferez le damage ne desberitison le Roy ne qe les droitures de la Corone soient destruits per nulle
in it if you will take in all the Grants since the Restoration of King Charles the Second But few are so short sighted as not to see into this Artifice such as are for making their Resumption so large desire none at all and would engage a great many different Titles to oppose it If it could possibly consist with the Rules of Justice if to do so would not produce unspeakable Disorders if it would not utterly ruin a great number of Families no doubt the Publick labouring under so many Debts and Difficulties such a general Resumption would be advisable all which are strong Objections to the making it so extensive To which may be answer'd that the same Inconveniences will happen by resuming the Irish Forfeitures we shall therefore try to shew how the Cases differ But to clear these Points we must repeat some things that have been laid down in the foregoing part of this Discourse That the Kings of this Realm have always prescribed a Power of alienating the Crown-Revenue by their Great Seals That it would not have been convenient in the beginning of this Constitution to have bound up the Prince's Hands from all kind of Alienations for then by Forfeitures and Attainders in process of time the King would have been Lord of the whole Soil That however Parliments by Petitions Bills or Acts of Resumption have all along laid in a claim of the People's Interest in this Revenue especially when the Grants were become exorbitant That the Wasts committed upon the Crown-Revenue produced at last viz. 11. Hen. 4. a positive Law porhibiting these sort of Alienations That the force of the Law was evaded by Clauses of non obstante incerted in the Letters Patents That these Clauses seem condemn'd by the late Act for declaring the Rights and Liberties of the Subjects When King Charles the 2d came in the Doctrine of the Court was sow a little that you may reap much and they who were then intrusted with the Nation 's Purse were themselves for diving into the Princes Pocket And at the same time the Doctrine of Westminster Hall was to advance the Prerogative as high as possible thus the King was perswaded to give away the greatest part of his Crown Lands and by the Proceedings of Westminster Hall the People were encouraged to think such Grants were good in Law the Courtier begg'd and the Citizen bought so that immediately he was in a manner divested of all and yet they who had suffer'd for him and his Father were few of 'em the better for all this immoderate Bounty These Liberalities of his were not bestow'd as the Recompence of antient Merit but were often the Price of Treachery and the Rewards of Vice And as Cyrus observ'd that in Camps the most worthless Souldiers are the busiest to get Plunder so the same thing may be said of a Court expos'd to Spoil the worst Men in it are the most ravenous and generally make the best Advantages The Observation we have now made did apparently hold true as to King Charles's Court however ill-gotten Goods seldom thrive and very little of what was thus obtain'd remains with the first Possessors but is now dispers'd into a Multitude of Hands Though what he did was so prejudicial to the Crown yet such was then the flourishing Condition of our Affairs that we could bear a great deal of ill Management Besides some were glad enough to see a young Prince necessitated to depend upon his People who was apprehended to meditate arbitrary Power But whatever govern'd the Councels of those times certain it is that there was no actual Bar put in the Way of his destructive Bounty 'T is true as we have noted in the third Section 't was complain'd of but all ended in an Address which had very little in it of the Spirit which our Ancestors had shewn upon the like Occasions Leave was given at the beginning of that Reign to bring in a Bill of Resumption A Bill was twice read to regulate and restrain such Alienations and an Address was thereupon made but no consequence following upon all this the People of England had reason to believe that the Parliament acquiesced in what was done at Court The matter did not only Sleep then but was not as we can find afterwards reviv'd and for many Years it was hardly mention'd in the House of Commons insomuch that Estates though so newly deriv'd from the Crown came in a short space of Time to bear almost an equal value with any other sort of Land But if as in ancient times such a Proceeding of the Court had been complain'd of from Sessions to Sessions if as heretofore the Ministers that procured the Grants had been impeach'd if Bills of Resumption had been frequently offer'd though rejected such Motions would have been some Warning to the Nation the Purchasers would have look'd about 'em every Man must have known the Hazzard he was to undergo and he can only accuse himself who will run into it when before hand he is acquainted with the Danger But the Legislative Authority continuing so long silent in the matter and the Lawyers of those times making no Objection to Titles of this Sort depending upon their Ex certa Scientia mero Mortu Gratia speciali and yet more upon their Clauses of non obstante the People were induced to think they might as safely make these as any other Sort of Purchases Hence it was that what belong'd to the Crown but so lately came to be a matter of Publick Traffick among the People insomuch that the whole Fortune of very many Families is therein embark'd What Cato said is indeed true if rightly distinguish'd that there ought to be no praescription against the Publick Plut. vit Cat. Neâ— Mortales contra Deum immortalem nec privatos contra Rempublicam praescribere posse This holds without doubt when private Men get fraudulently or by Force into Possession of what belongs to the Publick and at the beginning were Possessores mala Fide which length of time ought not to purge But in a mixt Government if one Part of the State suffers the other Part to alienate what the whole have an Interest in and if the said Part had power and Opportunity to make an Opposition and yet made none it implies such a Consent as according to the Law of Nations and the Rules of Justice ought to indemnifie to all Intents and Purposes the Possessor bona fide and the Purchaser upon a valuable Consideration Grotius Dc Jure Belli ac Pacis l. 2. Cap. 6. n. 10. speaking upon Alienations says * Inconsulto vero Populo Rex id non potest si maneamus inter terminos naturales quia juris temporarii quale est Regnum electorum aut lege succedentium ad Imperium effectus nisi temporarii esse non possunt potuit tamen Populi ut expressus consensus ita tacitus consuetudine introductus qualem nunc passim vigere cernimus id
to particular Nations that there never was a Common-wealth without a Publick Stock which was either great or little sometimes according as the State continued in Peace or was harrass'd with Wars but most commonly according to the Prudence or Weakness of such as Govern'd for there have been Examples as shall be shewn by and by of States wisely rul'd whom Wars have inrich'd and of others loosely manag'd that have been impoverish'd in times of the profoundest Peace Commonwealths either in their first Institution have alotted part of their Territory or in their further Progress have assign'd part of the Lands coming to 'em by Conquest for the constant Services of the State both in War and in Peace and this they probably did that they might not be compell'd at every turn to call upon the People for Contributions Where the Government has been by a Single Person the Prince has had his Portion of Land for his domestick Expences as appears in the Instance of Tarquin whose Fields upon his Expulsion were made Publick but the Burthen of any War lay upon the whole In the Kingships settled by the Hunns Goths and Vandals where the Expedition was at the Common Expence of all the Conquer'd Country was divided The Prince had his Proportion his principal Captains and Commanders had theirs and the Common Soldier was not without his Share Thus Genserick King of the Vandals when he prevail'd in Africk reserv'd to himself the Provinces Bizacena Azuritana Getulia and part of Numidia and to his Army he destributed by way of Inheritance Zeugitana and Affrica Proconsularis In the Establishments made by the Northern Nations in consideration of the Lands so held certain Services were due from the Soldier to his Captain and from the Captain to the Prince and upon the strength of such Tenures in after times the Descendants of these People and their Kings did subsist and make their Wars but of this in another place What they thus took or what was alotted to 'em as their Share by Compact among their Followers Good Princes have always reckon'd as belonging to the Publick and they always made a Distinction between what they held in their Private Capacities and what they held as Publick Persons and Heads of the Commonwealth And tho in the Eastern Monarchies erected by Force and which were Invasions upon the Common Rights of Mankind the Prince might account himself Supream and uncontrollable Lord of the whole and not bounded by any Laws and tho these Tyrants look'd upon the People as no better than so many Herds of Cattle yet it was not so in the Roman Government as 't was model'd by Augustus and as he meant it should be transmitted to his Successors and most certainly it was otherwise in the several Kingdoms erected by the Hunns Goths and Vandals upon the Ruins of the Roman Empire All which shall manifestly appear in the Series of this Discourse Good Princes have not only made a Distinction between what was their own Patrimonially as the Civil Law Books term it and what the Stte had an Interest in but many of them as we shall show by and by in Care of the Publick and right Oeconomy have equal'd the most prudent Commonwealths And no doubt such Thrift was always esteem'd a Point of the highest Wisdom because the expences of War consider'd even in the remotest times shatter'd indigent Governments and wanting Princes have been seldom known to compasa great things besides being without Money the Nerves of War they are obnoxious to the Insults and Invasions of their Neighbours not but that wealthy Countreys have been and may be invaded but we mean that those Nations are most liable to be over-run and conquer'd where the People are Rich and where for want of good Conduct the Publick is poor Moreover there are infinite Examples in History of Kings whose Necessities have made Taxes too often repeated the only Fault in their Reigns and who have thereby lost the Affection of their Subjects But setting aside the Dangers Foreign and Domestick that arise from Profusion in what belongs to the Publick it depraves all the different ranks of men for in profuse Governments it has been ever observ'd that the People from bad Example have grown lazy and expensive the Court has become luxurious and mercenary and the Camp insolent and seditious Where wasting the Publick Treasure has obtain'd in a Court all good Order is banish'd because he who would promote it and be frugal for his Prince is look'd upon as a common Enemy to all the rest Virtue is neglected which raises men by leisurely steps when Vice and Flattery will in a little time in a Ministry who mind not what is given away bring a man to a great Estate nor is Industry cultivated where he does his business sufficiently who knows which way to apply and how to beg in a lucky and critical moment And at such a Season many of the Peoples Representatives lose their Integrity when they see others running from every Bench to share in the universal Plunder of a Nation Kings reduced to Streights either by their own or by the negligence of their Predecessors have been always involved in dark and mean Intreagues They have been forc'd to court such as in their Hearts they abhor and to frown upon those whose Abilities and Virtues they secretly approve of and Reverence instead of being Heads of the whole Commonwealth as in Law and in Reason they ought to be they have often been compell'd to put themselves in the Front sometimes of one and sometimes of another Party as they saw it prevalent A Policy in the end ever fatal to Rulers Being intangled they have been constrain'd to bring into the cheif Administration of their affairs Projectors and Inventors of new Taxes who being hateful to the People seldom fail of bringing Odium upon their Master And these little Fellows whose only skill lies that way when they become Ministers being commonly of the lower Rank of Understandings manage accordingly for their own Ignorance in matters of Government occasions more necessities than their Arts of raising Money are able to supply but wanting States make use of these sort of men and Princes often think they are well serv'd by such because now and then they can palliate present Evils but they do but film over a Sore which breaks out afterwards with greater Rancour whereas able Statesmen would obviate the Mischief in its growth and by wholsome Councels restrain their Masters Bounty before he has nothing left to give and before his People are weary of feeding endless Expences But one of the worst Effects of Poverty in a State is that it frights such as are able to mend things men of sublime Skill Integrity and Virtue from meddling in Affairs for they well know how clamorous slippery and difficult the Ministerial Part of Government proves when a Nation is plung'd in Debts which generally in all times have produc'd so many Hurricanes and popular Storms
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
be that they meditated something else and bore ill will towards the present Government Indeed the Ambition of Mankind consider'd it was a wonder in former Reigns to see Persons the most conspicuous for Understanding deep Reach and Experience employ their time with their Books in making Gardens or in Building and that they should not rather seek those Dignities to which their Birth and Superior Abilities did in a manner give 'em a just Right Why did they let the chief Offices of the State be polluted by mean Hands Why did they suffer others to ruin that Country which was in their Power to save And why all this Philosophy in so light and busie Times Why has there been now and then a kind of a Press issu'd out for Ministers so that as it were the Vagabonds and Loyterers were taken in Why have some Men been condol'd by their Friends for having been drawn in to take a Great Place and why have others been universally Congratulated when turn'd out tho with Marks of Displeasure when all this happen'd it could not be without a Reason there must have been some Strong Inducements that should move the Prime Persons of a Nation to shun Employments attended with Power and Profit No doubt in former Reigns it was Because they did not like the Administration of affairs nor the Persons with whom they were to be ioyn'd Because they perceiv'd dark Designs carry'd on against our Liberties and that they were not willing to mix in desperate Councils nor to participate in the Blame of what they should not be able to hinder Because they saw the Prince Robb'd by those about him his Crown Lands all shar'd and given away and his Treasure wasted and Because they saw Things done that would bear no Inquiry and that could never be justifyed before the People They knew that our Laws put little Difference between a Minister who contracts actual Guilt himself and him who permits others to commit a Crime which by the Authority of his Office he might have prevented Therefore when bad Things were in Agitation and when destructive Advices were promoted Some have refus'd Employments others have laid down White Staves the Secretaries Seals the Privy Seal the Great Seal and other Offices of high Trust rather than Act against their Masters true Interest and the Constitution of their Country And for these Reasons in former Reigns the Ablest and Greatest Persons in the Nation and sometimes whole Parties of Men have refus'd to meddle in the Employments and Business of the State But when these Errors may be corrected which a few commit at the Expence of the whole Kingdom when things will bear a right Administration when the Nations Money may be frugally manag'd when the Thefts upon the Public can be look'd into and Punish'd when those Servants may be call'd to an Accompt who have broken their Trust and in their Offices consented to the Plunder of their Master When true Order is promoted When that Thrift can be set afoot which will ease the People in their Taxes When the pleasant Work of doing Good is to be perform'd and When they have not before their Eyes the frightful and heavy Task of supporting ill Conduct All Persons will embrace the Government All Parties will cheerfully come in and the best Men will be the most Eager to assist the state with their Purses Councils Endeavours and Affections And thus we hope to have fully answer'd their Arguments who would deter a Prince from looking into their Corruptions by making him believe that thereby he will injure his only Friends and who would narrow his Interest by confining his Favours to their Party A King never wants Assistance who will look into abuses and their Faction whose Interest it is to protect Male-administration will be found very weak when He is earnest to have what has been amiss amended because but a few are Gainers by Misgovernment and a Multitude are injur'd by it But as all Seasons are not proper for Physick so all Times are not fit for purging the Body Politick Times of Action and War are not so convenient for such Councils as tend to correct Abuses in the State Perhaps during the late War some Things may have been done in England which the King in his high wisdom may think necessary to animadvert upon now when He is at leisure from His Business in the Field And no doubt when He goes upon so good a Work He will be assisted by all the best Men of all Parties and by the whole Body of His People The Writer of these Papers has constantly endeavour'd to make his Studies tend to the Service of the Publick and his Aim has been to incite in Young Gentlemen a Desire of being acquainted with the Business of the Nation and this knowledge lying under abundance of Rubbish his Scope has been to remove this Rubbish and to dress up crabbed Matters as agreeably as he can and to give as it were short Maps of Things which others will not take the Pains to travel through themselves In order to which he has devoted his Hours of Leisure to Inquiries into the Trade and Revenues of this Kingdom And not serving his Country in an Active Life he hopes to make his Solitude and Contemplation of some use so as to show himself not altogether an unprofitable Member of the Commonwealth And the Parliament having last Sessions Constituted Commissioners for Inquiring into and Taking an Accompt of all such Estates both Real and Personal within the Kingdom of Ireland which have been Forfeited for High Treason by any Person or Persons whatsoever during the late Rebellion within that Kingdom And the House of Commons as appears by their Printed Votes having directed that the Grants of the Crown Revenue in England should be laid before 'em And it being Notorious that almost all the Land remaining in the Crown of England at the Revolution and that much the largest Share of the late forfeited Estates in Ireland are now got into Private Hands And the People at this time lying under a great Variety of New Taxes And the Necessities of the State being very pressing And the Publick lying under many heavy Engagements and the Honor of the Nation being in a manner at Stake to make good several Deficiencies All Ways and Means of Raising Money being likewise difficult to the last Degree It appearing also reasonable to consult the Land Interest and at last to give the Landed Gentlemen some Ease who have born the chief Burthen of the War And no Fond being large enough to come in the Room and Place of Land except the late Forfeitures in Ireland And all Men thinking it but just and fair that the War in Ireland should pay some part of its Expence Our Debts likewise being so immence that every thing should be look'd into and all possible Thrift thought upon Mankind also abhorring to behold a Few inriched with the Spoils of a whole Country and to see Private
Millia CCCCXXXVIII And Q. Minutius within two months after * Ibid. Argenti pondo triginta quatuor Millia octingenta Bigatorum LXXVIII Millia oscensis argenti CCLXXVIII Millia For which reason Porcius Cato who was at the same time in Spain sent back the Purveyors who came from Rome to provide Corn for the Army with this memorable saying Bellum seipsum alet The same T. Quintius Flaminius when he made Peace with Nabis Tyrant of Sparta oblig'd him to pay †Ibid. Talenta centum â—rgenti in praesenti quinquaginta Taenta in Singulos annos per annos octo â—orcius Cato when he Triumph'd for the Conquest of Spain lodg'd in the Publick â—reasury * Ibid Argenti infecti XXV millia pondo â—igati centum viginti tria millia oscensis uingenta quadraginta Auri pondo mille uadringenta T. Quintius Faminins when â—e Triumph'd for the Victories in Greece â—rought home †Ibid. Infecti Argenti decem â—cto millia pondo ducenta LXX facti â— auri pondo tria millia septingenta quaâ—ordecim besides an infinite mass of oâ—er Treasure The Conditions proos'd by Scipio Affricanus to the Amassadors from King Antiochus and â—hich were afterwards accepted with ery little alteration were * Tit Liv. l 37 â—â— Pro impenâ—s deinde in bellum factis Quindecim milâ—a Talentum Euboicorum dabitis Quinâ—nta presentia duo millia quingenta â—m Senatus Populusque Romanus pacem omprobaverint mille Talentum per XII nnos Lucius Scipio when he Triumph'd or the Conquest of Asia brought home â— Argenti pondo CXXXVII millia †Tit. Liv. l. 37. â—CCCXX besides Plate and Gold and ilver coin'd Cn. Manlius when he Trimph'd for his Victories in Gallo-Graecia â—esides other Wealth brought home * Tit. Liv. 1. 39. Argenti pondo CCXX Millia auri poâ—do MMCIII And 't is observ'd that wheâ— Aemilius Paulus had subdued K. Persen◠†〈◊〉 Vâ—â— Paul Aemil. he lodg'd in the Publick Treasury sucâ— a mass of Wealth that there was 〈◊〉 need of raising any kind of Taxes till 〈◊〉 Consulship of Hirtius and Pansa Sâ— after the two Battels with Archelaus 〈◊〉 Lieutenant of Mithridates near Chaeroâ— and Orchomenus laid a Fine upon A◠†Plut. vit Syâ—â—ae Minor of * twenty thousand Taleâ— which answers to near four Millions †Plut. vit Cato 〈◊〉 our Money Cato Vâ—isensis brougâ— from Cyprus Seven Thousand Taleâ— above thirteen hundred thousand Pouâ— of our Money which he made by 〈◊〉 Sale of the Jewels Plate Housholdstâ— and other Riches of the Ptolomy wâ— poison'd himself in that Island and â— Exactness with which Cato proceeded that Commission is a Noble Pattern â— such to follow as will handle Matters Government with Integrity and Virtue The Design of these Papers being Stir up in the Minds of Young Men Zeal their Country and a love to Public Hâ—nour we thought it not amiss to lay â—fore 'em these Examples of antient Thâ— and Oeconomy by which Rome was â— abled to manage so many and so expâ—sive Wars From whence may be very wâ— inferr'd that this Commonwealth had never reach'd to so high a Pitch of Greatness if their Commanders abroad had been permitted without any Accompt to convert to their own use the whole Spoil Or if at home the Consuls Praetors Aediles or which is yet worse if the Quaestors or Treasurers had been allowed to procure Grants to themselves from the Senate of such Lands as from time to time accrued to the State by right of Conquest On the Contrary had this sort of negligent and foul Conduct been suffer'd in their affairs that Ruin must have happen'd â—ong before which came upon 'em as soon as they grew corrupted No Empire was ever great and strong enough to carry on long Wars without any other Fond but its own Revenues and those Nations which have attempted it have been quickly exhausted For a tedious Course of high Taxes raised to maintain Armies abroad will as much impoverish the Invaders as the Excursions and Depredations of a sudden War destroy the Invaded and where matters are not so wisely order'd as that the Invaded are compell'd to pay the largest part of the Reckoning the Conquerors will in no long Tract of time be brought to as bad a Condition as the Conquered People The Romans took their Measures better They made very few barren Expeditions And tho Dominion and Glory might 〈◊〉 their principal Aim yet 't is evident they haâ— something else in view or at least thaâ— they generally took care to be paid theiâ— Expences which they brought about suâ—dry ways From some vanquish'd Nation they took part of their Territory sendiâ— thither Colonies of their own by which at one and the same time they disbuâ— then'd themselves of a great many Indigeâ— People and Planted so many Strong Gaâ—risons to secure their Conquests Othâ— Countries they reduc'd to Provinces taâ—ing to themselves part of the Tributâ— which the Natives before paid to theiâ— Tyrants To other Places they alotteâ— the Payment of a Certain quantity â— Corn from others they required the fuâ—nishing of Ships of War and Ships â— Burthen †Pâ—ut vit Syâ—â—â—e Sylla compell'd Mithridates their Interview in Troas to deliver to him seventy Gallies with all their Trim They took either Arms Ships Soldiers Mariners or Provisions from well nigh all the Nations that were honour'd with the Title of Allies and Friends to the People of Rome who were no better than Tributaries under a softer name By these Courses as they enlarg'd their Empire they increased the Publick Revenues * Pompey by his Victories brought â— Plut. vit Pomp. the ordinary Income of the State from what before answer'd to about 1,250,000 l. of our Money to 2,250,000 l. per Ann. which was yet farther augmented afterwards when the Gauls and Egypt became Provinces of Rome The Money lock'd up in the Temple of Saturn was rarely touch'd we do not find any considerable summ drawn from thence till Hannibal had been in Italy ten years about which time twelve of the 30 Latin Colonies refusing to give any Assistance to the Common wealth In this danger †Tit Liv. l. 27. Caetera expedientibus quae ad bellum opus erant Consulibus Aurum Vicessimaerium quod in Sanctiore Aerario ad ultimos Casus servaretur promi placuit Prompta â—ad quatuor millia pondo Auri. But when Caesar invaded the Liberties of his Country this sacred Treasury was ransack'd Appian Alexandrin says * Bell. 〈◊〉 1. 2. Intactas ad id temporis Pecunias abstulit Florus says speaking of this Action †〈…〉 l. 4. â— â— Nec Pompeius ab Italia quam Senatus ab Vrbe fugatur prior quam poene vacuam maetu Caesar ingressus Consulem Seipse facit Aerarium quoque Sanctum quia tardius aperiebant Tribuni jussit ëffringâ— censumque patrimonium populi Romani antea rapuit quam imperium Some pretend to
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
he did resume * Dan. p. 105. Daniel says that after his second Coronation which was at Winchester he not only resum'd the Mannors he had sold to the Bishops of Winchester and Durham but whatsoever other Sales he had made of the Demayns of the Crown Alledging that it was not in his Power to alien any thing appertaining to the same whereby his State was to subsist * Graft Chron. p. 90. Grafton says That after his second Coronation he call'd a Parliament by the Authority whereof he resum'd again all Patents and Annuities Fees and other Grants before his Voyage by him sold and granted and caused the Parties to be contented with such Revenues and Profits as they had received of the said Offices or Lands in the time of his Absence And spar'd not for any sufficiency of Writing that by him before was made But to confirm this Authors may be produc'd of more Antiquity than either of these * Hen. de Knyghton Col. 2408. N o. 40. Knyghton says Post ejus Coronationis solennia quicquid prius leviter datum aut graviter venundatum fuerat repetiit nomine commendati fructus perceptos pro sorte computans cessante pacto titulo instrumento quocunque †Brompton says Denique quod * Chron. Johan Brompt Col. 1259. N o. 10. cum ipse iter versus orientem arriperet regnum ipsum multipharie sciderat ad integritatem satagebat pristinam revocare Quicquid enim ab illo tunc fuerat datum vel ponderose venundatum sub nomine repetiit commodati Regiarum possessionum emptoribus dicens Non decet sublimitati Regiae foenerari Illi autem emptores mox regio metu attoniti nulla habita quaestione de sorte non percepta confestim omnia resignarunt In Two Years of this Reign viz. Ann. 1195 and 1196 there were actually rais'd in this Kingdom Eleven hundred thousand Marks which is more than was really levied in any Two Years of the Late War for if we consider the value of Money in those times and the Proportion it bore with other Commodities Eleven hundred thousand was more then than Eleven Millions are now Hubert the Archbishop of Canterbury writing to the King for leave to quit the Ministry shews * Ro. Hovedon pa. 767 768. Quod infra biennium proximo praeteritum adquisierat ad opus illius undecies centena Millia Marcarum argenti de Regno Angliae The raising this vast Summ is an evident Sign how willing the People of England have in other Ages been to give Aids and Subsidies to Martial Princes After Richard King John was Elected This was a Reign of Civil War Taxes and Profusion and the Character Robert the Clerk gave of this Prince to Miramamolin the Moor was very true and Remarkable * M. Paris p. 244. Potius fuit Tirannus quam Rex potius Subversor quam Gubernator Oppressor suorum fautor aliènorum Leo suis subditis agnus alienigenis rebellibus qui per desidiam suam Normanniae ducatum alias multas terras amiserat insuper Angliae regnum amittere vel destruere sitiebat Pecuniae extortor insatiabilis possessionum suorum naturalium invasor destructor But these Wastes were look'd into in the Reign of Henry III. King John's Son and Successor not by the Prince himself who was no better a Manager than his Father but by the Barons Knyghton says That after Lewis and the French were driven away * Knyghton Col. 2429. N o. 40. Omnes Alienigenae ejecti erant de Anglia omnia Castella quae Rex Johannes donaverat tradiderat in Custodiam Alieâ—igenarum fuerunt reseisita in manu Regis This King laying open his Necessities to the Barons and his Council said The Crown-Revenues would scarce afford him Meat and Drink To whom they answer'd He might be Rich out of his own if he would set some Bounds to his Liberality and look into his own Affairs and into the Proceedings of some of his Officers They nam'd no body to hlm â—ut he understood whom they meant and call'd several of his Ministes to Accompt and brought them to Restitution The Words of the Historian in this place are very Observable when the King had laid open his Wants * M. Paris p. 376. Tunc Consilarii Regis responderunt Si pauper es tibi imputes qui Honores Custodias ac dignitates vacantes ita in alios transfers a Fisco alienas quod nec in divitiis auri vel argenti sed solo nomine Rex debeas appellari Nam antecessores vestri Reges magnifici in omni divitiarum gloria ditissimi non aliunde sed ex Regni redditibus emolumentis Thesauros impreciabiles congesserunt At Rex ab eis instructus quos nominatim exprimere tutum forsitan non esset coepit a Vicecomitibus Ballivis aliisque Ministris suis de redditibâ—â— rebus omnibus ad Fisci commodum spect antibus ratiocinium exigere Et quoslibet dâ— fraude convictos a suis Officiis deponens exegit ab eis pecuniam suam etiam cum usuriiâ— tenens coarct abat eos donec reddereâ— debitum universum This Prince was the first who brought Strangers into his Councils and the management of his Business Poictevins and Britons to whom he gave all the Power and among whom he lavish'd all his Crown-Revenue and the * Ibid. p. 386. Treasure of the Kingdom Invitavit pâ—latim tot Pictaviensium Legiones quod â—â—tam fere Angliam repleverunt quorum Râ—â— agminibus quocunque pergebat vallatus inceâ—sit But in 1234 he was compell'd by his Barons to Banish these Strangers Yet he return'd quickly to the same bad Measures insomuch that his Brother Richard Earl of Cornwal told him That he Rob'd his own Country to give it to Strangers and the Kingdom 's Enemies In this Loose Reign the * Ibid. p. 733. 747. Money of England was corrupted But nothing anger'd the People more than the immoderate Wealth he bestowed upon Foreigners namely his Brothers by the Mother and particularly to his Poictevins * Ibid. p. 850. Eschaetas Reditus vacantes Alienigenis ignotis illiteratis scurrilibus penitus indignis non destitit distribuere ut sic suorum naturalium corda insanibilius sauciaret While Things were thus Govern'd Private Men inrich'd themselves with the Publick Spoil as for Example John Mansel * M. Par. p. 859. who brought his Estate to Four thousand Marcs per Annum But at last at a Parliament Held at Oxford * Ibid p. 973. Peter of Savoy William de Valence and the Bishop of Winchester the King 's half Brothers with the other Foreigners were Banish'd Vbi statutum erat †Knyghton Col. 2445. N o 40. quod ad Terras suas quas in partibus transmarinis habebant transfretarent And that immoderate Wealth they had gather'd here was not permitted to be carry'd away but was ‖ M. Par. 973. Seiz'd upon
sur peine de forfaire le double devers nostre Seigneur le Roy repelle de mesme la chose issint demandez etre reint Imprisonnes a la volonte du Roy. Purvus toutes voys qe si ascun home eit terres tenements ou Possessions du Grant notre Seigneur le Roy ou dascuns de ses Progeniturs queux furent parcelles de la Corone qe per bon trette enter le Conseil du Roy les possesseurs des tieux Terres Tenements mesmes les Terres Tenements Possessions poient estre rejoints a la dite Corone a Profit du Roy grantants autres Terres Tenements ou Possessions de les Forfaitures avant ditz en eschange pur les Terres Tenements Possessions de la Corone susdite sy les Seigneurs ou autres qi ont Terres ou Tenements de la Corone come dessus ne voellent volontairement a ce assentir ne accorder qils eint enjoient lours terres tenements de la Corone avant ditz come ils ont eu a devant qe les Grants Officiers du Royalme par avis des Seigneurs du Conseil eient Poer de vendre parcelles deles dites Forfetures per leur bone discretion qe le Grant sur tiel vendue soit ferme estable Resp Le Roy le voet forpris d' Offices Baillis ce qil a donne en cest present Parlement issint qendroit de forfeitures adjuges en cest Parlement si ascun pretend davoir droit ou Interest en Icelles sue au Conseil sil luy semble affaire droit luy sera fait The Misgovernment of this Prince not only in his Revenues but in all the Duties of his high Office with his Profusion and Partiality to his Favourites made way for a very great Revolution and drew on so much hatred of the People as at last all his Subjects withdrew their Allegiance from him and chose another King Henry the IV. his Cousin German Anno 1. Hen. IV. The Commons Pray That the Lands parcel of the Crown-Revenue granted away by Edward III. and Richard II. may be resum'd * Rot. Par. 1 Hen. IV. Nâ— 100. Item touchant Terres Tenements Rents ou autres Possessions queconques qe furent parcelle de la Corone ou des Seignouries de la Corone en temps Seigneur Edward le tierce Roy Dengleterre ou en temps Richard darrein Roy Dengleterre nient donez per assent du Parlement ne en eschange pour autres Terres ore demurantz a la Corone qe toutz y ceux soint rejoints arere a la Corone purveu toutefoitz que si ascun Seigneur de lestate Chivaler ou Esquire pur son travaille duement deservy eit pur terme de sa vie nient autrement qil ne soit rebote dicelx devant qil soit autrement guerdonez semblablements seit feat dela Principalte de Galles de Cornwailee de Cestre reservez tout foits as Citeins Burgeys parmy tout le Royalme lour Libertees Franchises a lour Heirs Successors Resp Le Roy sadviesera par bone advys Discretion ent fera due remedie Anno 5. Hen. IV. The Commons Pray That the King would provide for the Repairing of his Castles and Houses and namely for his Castle at Windsor which was greatly in decay and not to Grant away the Profits of those Castles and Houses and notwithstanding to stand to the Repair of the same without which he could not but run to the great Charging of the Commons * Rot. Par. 5 Hen. 4. N â— 10. Et auxint les dicts Communes monstrerent coment les Chastellx autres Manoirs du Roy sont molt ruineuses embusoignant de grand Repris Reperation coment les Prosits dicelles sont donez as diverses Persones le Roy supporte les Charges come per especial le Chastel de Windesore a qel feust assignee certain Commoditie pur la Reparation dicelle ore mesme la Commoditie est donne as certaines Persones le Roy supporte les Charges auxint es autres places les Gentz preignent les Profits de Herbage del vert deins diverses ses Parkes Bois le Roy supporte les Charges de le enclosure dicell pur cestes importunes charges plusieurs autres pur les plusieurs douns des Chastellx Terres Seignouries des Annuites faits donez nient duement ne descreteinment par especial pur les Grandes Charges Depenses de le Hostel du Roy pur amendement des tielx meschiefs faire pur ouster tielx inconveniences en apres en supportation del Commune People les Communes prierent au Roy moelt entierment cordialement qe considerez les Perils imminentes de toutz parts per ses Ennemys Rebelx comes yont novelx de jour en autre coment le cas est tiel qe si tielx meschiefs ne soient Graceousement remediez refourmez en cest Parlement y purroit estre qe sur soudeins novelx de arrival des enemys ou per autre voix mesme cest Parlement de necessite seroit de tout depurtiz dissolvez jamais les Seignours ni les Communes se re-assembleroient pur remedee ne redresse faire sur les meschiefs susdits autres qe Dieux deffende It appears by the Purport of this Petition That there were certain Lands and Rents set aside or assign'd for the Repair of Windsor-Castle that ancient Seat of our Kings and Sacred to the Honours and Ceremonies of the Garter and therefore particularly provided for with a Revenue by the Wisdom of our Fore-fathers yet it seems these Lands so annex'd to Windsor were at that time Granted away to some great Man oâ— craving Courtier But this the House oâ— Commons did not then think reasonable And the Remonstrance thereupon made was kindly taken by the King For he answer'd the Petition in Person * Resp from the Throne Et sur ceo mesme nostre Seignour le Roy moelt graciousement de son bouche propre en plein Parlement chargea commenda si bien tous les ditz Seignours come les diâ—z Communes qils faiorient lour diligence luy montreroient lours bons seins conseilx celle partie pur aide de luy de tout son Roilame Et puis apres les dits Communes en mesme le Parlement firent reqeste as ditz Seignours qe come le Roy lour avoit donne tiel Charge mandement ceo en si haute Court de Record qils fairoient lour diligence bien loyalment sans curtosie faire entre eux en ascune manere come ils voloient respondere devant lue Dieux tout puissant devant nostre dit Seignour le Roy a tout le Roialme en temps avenir qe de sur ceo mesme les Communes ent fairoient semblablement
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
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
Rentes Charges or Annuitees made by you of Estate of Inheritance for terme of Lyffe or terme of Yeres to oney Persone or Persones to be taken of oney of these Premisses or of youre Custumes or Subsidies or Awnage or of youre Hamper or atte or in youre Receits or in otherwyse or in oney other Place or oney of theim or of the Profites coming of theim or oney of theim withinne this youre Reaume Irlonde Wales Guysues Caleys and the Marches of the same be voide and of noone effect And that all manner of Grauntes made by you to oney Persone or Persones of Estate of Enheritance terme of Lyffe or terme of Yeres of oney Herbage or Pannage Fishyng Pasture or Comyne of Pasture youre Warein Wode Wyne Clothyng Furres to noone Office longyng nor perteinyng the seid first Day of youre Reigne nor afore noght yeldyng to you the verray value thereof be voide and of noone effecte And over that like it youre Highness to take resume and seise and reteine into youre handes and Possessions all manner Lettres Patentes Privileges Franchises Hundreds Wapentakes Letes Rapes Vewe of Franchises Fynes Amerciaments Issues and Profites of the same by you graunted syth the first Day of youre Reigne to oney Persone or Persones or Abbot Priour Deane Chapitre Maistre or Wardeyne of College Fraternite Crafte or Gilde And all manner of such Grauntes to be voide and of noone effecte And furthermore All Grauntes made by you to oney Persone or Persones of oney Offices the which were noone Offices the first Day of youre Reigne nor afore be voide and of noone effecte And that all manner of Grauntes made by you to oney Person or Persones geaving theim Power to make or ordeine oney Office or Offices of whome the makyng and Ordeinance the said first Day of youre Reigne or oney time syth longd to you or theim were noone such Office nor afore that thanne such Graunte as in makyng or Ordeinance of such Offices be of noone effecte And over that That all Grauntes and Relesses made by you syth the first Day of youre Reigne to oney Abbot Priour Covent or to oney other Persone or Persones for discharge or quytclayme of oney Corrodies or Corodie Pensione or Pensiones dismez spirituells or Quinszismes or dismes temporells Rentes or Services or oney other charge be void and of noone effecte And that no Persone nor Persones havyng Estate in Offices Fee simple or Fee taille of youre Graunte or oney havyng they re Estate have other Estate in the said Offices but terme of their lyffes that nowe hafe the seid Offices with Fees and Wages to the seid Offices of alde tyme accustumed oonly and noon otherwyse And that all manner of Grauntes by you made or to be made to oney Persone or Persones of the Premises or of oney parcelle during this youre present Parlement be voide and of noone effect And that noo Persone or Persones that hadde oney thyng of the premises afore the tyme of the seid Resumption be noght chargeable by way of Accompt or otherwyse for the same ayenst you youre Heires and Successours except thoo that by youre Grauntes afore the seid Resumption were accomptable This is the fore-part of the Act Word for word to which the House of Commons thought fit to add Savings to several Persons of which we shall give an Abstract First there is Saving to the Queen for her Dower 2 For the Colleges of our Lady of Eaton and our Lady and St. Nicholas of Cambridge 3 For Lands granted in the Dutchy of Lancaster to Persons to the intent to perform the King's Will 4 For Priories Alien then in the Possession of Hospitals or Religious Houses 5 For the Creation Money paid to the Peers but this Saving is with Restrictions 6 For those who had made Surrenders to the King and taken other Lands in Exchange so as the last Grant exceed not the first in value or terme 7 A Saving for Lands bought of the King by Henry Cardinal of England and given to St. Crosses with a general Saving for the Interest and Claime of private Persons to the Lands intended to be Resumed 8 A Saving for those who had Grants in former Reigns out of which they were Lawfully Evicted and in Consideration of which they had Grants from the present King 9 A Saving for those who had exchang'd Lands with the King so as the Lands exchang'd were not also of his own Gift and so as what exceeded in Value should be resum'd 10 A Saving for what paid Rent according to the true value at the time of the Grant 11 A Saving for where the King was Feoffee in trust so as it was not in Lands of his own Gift 12 A Saving for the Lord Chancellor Treasurer Privy Seal Justices Barons of the Exchequer Serjeants at Law Atturney and Officers in the King's Courts of Record for accustom'd Wages Rewards or Cloathing 13 A Saving for Grants made of their own Lands to Persons born beyond the Seas and of English Parentage 14 A Saving for All-Souls-College 15 A Saving for Cities and Burroughs who by the King's Charter were to be exempt from the Jurisdiction of the Lord High Admiral or Warden of the Cinque Ports 16 A Saving for Bodies Corporate c. who by Charter had Priviledge granted of Murage These were all the Reservations the House of Commons thought necessary in this Act. Then follows And that it like youre most High and Habundant Grace tenderly to consider these Premises and thereuppon by youre high and grete Wisdome and by the Advyse of the Lords Spirituels and Temporels in this your present Parlement Assembled to ordeine provide and establish sufficiaunt Possessions of the Premises so resumed for the contentyng and Paiment of the Expences and Charges of youre Houshold and all youre other ordinarie Charges And to Apply and Appoint the Possessions Profites Revenues and Commodities of youre Towne of Caleys and of Guisues and of the Marches there hooly to be taken and received by youre Tresorer of Caleys for the tyme beying he to apply theim to the Payments of the Souldeours there and the repaire of the Gettes and other necessary reparations there behowfull And the seid Tresorer thereof to you in youre Eschequer duely to accompt And all the Possessions aforesaid soo severally provided for to abide and endure to you youre Heires and Successours in perpetuitie to the same end and effecte and noon other with such peines and Punishments to be sette thereupon by youre wise discretions that noone of youre Leiges in tyme to come attempt the contrarie thereof or accept any parcell of hem so ordeined for the seid Provisions so that the seid Ordeinaunce soo made be sent and declared to us youre seid Beseechers during this your seid Parlement to the ende and effecte we to yeve thereto our assent so that it can be thought to us for youre Honour profite and welfare of us all so to doo that it be authorised in this youre high
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
caused all other Londes to have this youre seid Lond in worshipfnl renowne and as grete drede as oney Lond christenned And notwithstanding the grete and large Grauntes of Godes that by youre true People of this Londe hath been often tymes geven of true love and feith tender Zele and Affection unto youre seide Highnesse ye be indebted in such outragious Somes as be not easy to be paied which by Goddes Law and eschewyng his Displeasure owe to be paied and contented and that furthermore the Revenues of the seid Londe to youre Highnesse now◠belongyng mowe not suffice to kep◠and susteyne your honourable House hold which not onely but also your other ordinarie Charge mot be kep◠and boron worshipfully as it accordeth to the Honour of youre Estate and youre seide Londe if youre Adversaries and Enemies shuld fall in◠the drede wherein heretofore the have been and shall with Godd◠Grace be of youre mighty Regal and of youre seid Lond whereof yo◠People lament and sorrow petious◠and hevely the amennsyng of th◠worship and prosperite wheryn 〈◊〉 hath joyed and ben reputed in th◠days heretofore now the refuse of a◠other Londes reputed agrugyng al◠right hevely the Charge that hath bee◠born and dayly is born among they◠of Vitaille and other Charges 〈◊〉 youre seid Household and ordinar◠Charges whereof they been not paie◠to theyr grete losse and hurt whic◠they mowe not of oney reason one longer susteyne It please you by thadvyse and Assent of the Lords Spirituel and Temporel in this present Parlement assembled and by auctorite of the same for the Conservation and Supportation of youre seid Estate which first to Goddes pleasure secundarie for youre own Suerte Honour and We le and for the third for the universal We le Ease Reste and Suerte of this Lond the which ye owe to preferre afore the favour of oney Persone or oney Place or other Thyng erthly and to th entent that youre seid Enemies from whose knowlege the penurie of youre seid Household and the Cause thereof and also the agrugying therfore of youre seid People had is not hidde whereof without dout they take a grete Courage and bouldnesse ayenst youre seid Lond mowe falle from the seid Courage into rebuke and have youre seid Lond and People in such drede as heretofore in the days of you and of youre Progenitours they have hadde to take seise have reteyne and resume into youre hands and possession from the Fest of Seint Michel tharch angel next comyng all Honours Castells Lordships Townes Townshipps Maners Londs Tenementes Wastes Forestes Chases Rentes Reversions Fee-fermes Services Issues Profites of Countees Advowsons of Priores Churches Hospitals and of free Chappel and all other Revenues with theyr Appurtenances pass'd from you syth the first day of youre Reigne and by you graunted by youre Letters Patentes by Authorite of Parlement or in oney other wyse by youre Grantes Confirmations or Relesse in Fee-simple Fee-taille terme of Lyfe or terme 〈◊〉 Yeris to oney persone or persones 〈◊〉 Englond Wales or in the Marche◠thereof in youre Londe of Ireland Guysnes Calais or in the Marches therof or in Scotland or in the Este o◠Weste Marches of Englond toward Scotland And also to take resume and reteigne into youre hands from the sei◠Fest all the Honours Castells Lordshipps Maners Londes Tenementes Wastes Rentes Reversions Fee-fermes and Services with all they re Appurtenances which were of the Dutchie o◠Lancastre and pass'd from you by youre Grauntes Confirmation or Relesse or by Auctoritie of Parlement or wherof oney persone or persones were seised to youre use or to the use of your seid Fadir o◠to the performing of youre or his Will ye to have hold and reteyne all the Premisses in and of like state fourme and condition as ye or oney other to youre Use or to the Use of youre seid Fadir or to the perfourmyng of his or youre Will hadde theym atte the seid first day or oney tyme syth oney Acte or Ordenaunce by Parlement or oney manere of Letters Patentes Grauntes or Estates by you or oney other persone or persones of oney of the Premisses in oney wyse made to or for oney Persone or Persones at youre request or desire or otherwyse notwithstanding All Offices of youre seid Dutchie such as the seid first day were Offices there and the Fees Wages and Rewardes than as afore to theym had accustomed or apperteignyng except And over that that all Manere of Graunts of Rentes Rent-charges Annuities Some or Somes of Money by you or oney other Persone syth the seid first day made of Estate of Enheritaunce or terme of Lyfe or terme of Yeris to oney Person or otherwyse to be taken or hadde in or of oney of the Premisses or of oney of youre Custumes Subsidies Awnage or of the Profites and Revenues of youre Hanaper comyng or at or in the receite of youre Exchequer or in oney other Place within this youre seid Realm or in the seid Lond of Irelond or within Wales Guysnes Caleys or the Marches therof be from the seid Fest void and of noon effecte to have hold or occupie from thenceforthe oney of the Premisses And that all Manere of Grauntes o◠Relesses by you syth the seid first day made to oney persone or persones of oney Estate of Enheritaunce terme o◠Lyfe or terme of Yeres or otherwys◠of oney of the Premisses or of th◠keepyng of oney of them or of oney of youre Goales or of oney Herbage or Pannage Fishing Pasture or Comy◠of Pasture Wareyn Wode Wax Wine Clothing Furres Annuities Fee or oney Wages for doyng or occupying oney Office or Charge and t◠noon suche Office or Charge the seid first day due accustomed belongyng o◠apperteyning be void and of noon effecte And furthermore to ordeyne by thadvyse assent and auctoritie aforesaid that all Grauntes made by you to oney persone or persones of oney Office or Offices which were noon Office or Offices the first day of youre seid Reigne or afore be voide and of noo force And that all manere of Grauntes by you or oney other Persone or Persones syth the seid first day to oney Persone or Persones made whereby the same Persone or Persones to whom oney such Graunte or Grauntes be made shuld graunte or have power to graunte oney Prebende or Prebendes Churche or Churches Hospital or Hospitals fre Chappel or fre Chappels or oney manere Collecion Office or Offices to to oney Officer to make the Yeft or Presentation of which Prebend or Prebendes Churche or Churches Hospital or Hospitals fre Chappel or fre Chappels Collecion Office or Offices or of the makyng of the seid Officers the seid first day or oney tyme syth belong'd to you be void and of noo force nor effecte to th entent that of such Offices and other the Premisses it mowe please you to reward youre Servauntes menial furthermore that all manere of Grauntes by you made to oney persone or persones of oney
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
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
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
Grants shall be brought to the Principal Secretary or to one of the King's Clerks of his Grace's Signet for the time being to be at the said Office of the Signet pass'd accordingly And be it also ordained and enacted That one of the Clerks of the said Signet to whom any of the said Writings signed with the King 's most gracious Hand or the Hand of any other aforesaid or any of them fortune to be deliver'd may and shall by Warrant of the same Bills and every of them within the space of eight days next after he shall have receiv'd the same unless he have Knowledge by the said Secretary or otherwise of the King's Pleasure to the contrary make or cause to be made in the King's Name Letters of Warrant subscrib'd with the Hand of the same Clerk and sealed with the King's Signet to the Lord Keeper of the King 's Privy Seal for further Process to be had in that behalf And that one of the King's Clerks of the said Privy Seal upon due Examination had by the said Lord Keeper of the said Privy Seal of the said Warrant to him addressed from the Office of the said Signet as afore may and shall within the space of eight days next after he shall have receiv'd the same unless the Lord Keeper of the Privy Seal do give them Commandment to the contrary make or cause to be made by Warrant of the foresaid Warrant to the said Lord Keeper of the Privy Seal Address from the Office of the Signet aforesaid other Letters of like Warranty subscribed with the Name of the same Clerk of the Privy Seal to the Lord Chancellor of England Lord Keeper of the Great Seal Chancellor of the Dutchy of Lancaster Chancellor of the King's Land of Ireland Treasurer and Chamberlains of the Exchequer and Chamberlains of any of his Counties Palatines or Principality of Wales or other Officer and to every of them for the writing and ensealing with such Seals as remain in their Custody of Letters Patent or Closed or other Process making due and requisite to be had or made upon any the said Grants according to the Tenor of the Warrant to them or any of them directed from the Officer of the Privy Seal as is afore specified These Cautions show how carefully our Constitution has provided that nothing shall be done which may turn in Despendium Regis aut Regni But here some flattering Lawyers will affirm That these Methods are Directive not Coerceive Or as Hobart says †Hobart's Reports Colt and Glover P. 146. That these kind of Statutes were made to put Things in ordinary Form and to ease the Sovereign of of Labour but not to deprive him of Power according to this Maxim of the same Judge That * Lord Sheffeild ver Ratcliffe p. 335. Dare Prerogativam est nobile Officium Judicis Debitum And truly heretofore Westminster-hall did so order it that these Fences intended to keep the Publick Revenues from the Hands of Spoilers were all broken down and that all these Statutes were evaded For the Force of all these wholsome Laws was enervated by Clauses afterwards incerted into the Letters Patents viz. Ex certa Scienta mero motu Gratia speciali Ex certa Scientia was very antiently made use of but the words became more necessary afterwards to defeat the 1st of Henry IV. where 't is enacted †Rot. Parl. 1 Hen. 4. Num. 98. That the true and express Value of the thing to be granted shall be incerted in the Letters Patents otherwise the Grant to be void So that these words suppose the King to have certain knowledge in every Circumstance of the thing he is to give away which happens very rarely to be the Case But notwithstanding these words if certain Proof can be made that the King was misinform'd by false Suggestion no Lawyer will say the Grant is good Ex mero motu imports the Honor and Bounty of the King who Rewards the Patentee for Merit without his Suit These words suppose the King to be truly appris'd of the Person 's Merit and were brought in to obviate the 4th of Henry IV. whereby it was enacted * Rot. Parl. 4 Hen. 4. That no Lands should be given but to such as deserv'd them and if any made Demands without Desert that he should be punish'd And to the same purpose were added the words Ex Gratia speciali yet more to denote that the Gift proceeded meerly from the King's Favour and not at the Party's Sollicitation But besides all this because anciently it seem'd a Fundamental that the crown-Crown-Lands were not alienable and because all along Parliaments had complain'd of these Alienations as looking upon 'em to be illegal the Lawyers of old Times endeavour'd to secure and cover all by a Clause of Non Obstante to be incerted in the Patents These Clauses of Non Obstante were not known in our original Constitution Mathew Paris says they grew rife in the Reign of Henry III. Anno Dom. 1250. * Mat. Paris p. 810. Sprsimque jam tales Literae in quibus inserta est haec detestabilis adjectio Non Obstante Priore Mandato vel haec Non Obstante Antiqua Libertate Suscitabantur Then he goes on Quod cum comperisset quidam vir discretus tunc Justitiarius scilicet Rogerus de Thurkeby ab alto ducens suspiria de praedictae adjectionis appositione dixit Heu heu hos ut quid dies expectavimus Ecce jam civilis Curia exemplo ecclesiasticae Coinquinatur a Sulphureo fonte intoxicatur But this Clause grew more necessary after the 11th of Henry IV. when it was plainly and directly enacted * Rot Parl. 11 Hen. 4. Num. 23. That all manner of Heriditaments which from thenceforward should fall into the Crown should not be alienated but remain to the King And this last Law being positive unrepeal'd as we know of and still in force as much as Magna Charta and the Doctrin of Non Obstantes seeming to be condemn'd by The Ast declaring the Rights and Liberties of the Subject in these Words That the pretended Power of Suspending of Laws or the Execution of Laws by Regal Authority without Consent of Parliament is Illegal That the pretended Power of dispensing with Laws or the Execution of Laws by Regal Authority as it hath been assum'd and exercis'd of late is Illegal There will arise a Question how far the Grants made since the passing this Act 1 Gul. Mar. are valid by the Laws as they stand at present For we may argue thus It was enacted 11 Hen. IV. That the Crown-Lands should not be granted away However the Practice was otherwise and the Grants were supported by Clauses of Non Obstante But these Non Obstantes or the dispensing with Laws in force being declar'd Illegal it should follow that the Grants of Crown-Land made for these last ten Years are void in Law and revokable at the King's Will and Pleasure
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
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
the forfeited Estates in England in their Majesties to be applied to the Use of the War and the same were read Sabbati 3. die Feb. 1693. A Bill for vesting the forfeited Estates in Ireland c. was read the second time Resolv'd That the Bill be Committed to a Committee of the whole House Martis 27. die Feb 1693. The House resolv'd it self into a Committee of the whole House to consider of the Bill for vesting the forfeited Estates in Ireland c. Mr. Boyle reported from the Committee that they had made some Progress c. and desired leave to sit again The House resolv'd it self into a Committee of the whole House to consider further of the said Bill Mr. Boyle reported from the Committee that they had made a farther Progress c and desired Leave to sit again This Sessions a Commitee was likewise appointed to receive Proposals concerning these Forfeitures Veneris 12. die Jan. 1693. Sr. Rowland Guin reports from the Commitee appointed to receive Proposals concerning the Forfeitures in Ireland and likewise for securing the Protestant Interest there The Proposals receiv'd by the Committee may be seen in the Journals of that Year from Fol. 314. to Fol. 324. December 3 1694. A Bill was presented to the House to vest the forfeited Estates in Ireland in their Majesties read And read again a second time 10 die Decem. 1694. Anno 1695. A Bill was presented to the House to vest in the Crown all forfeited Estates in Ireland And to vacate all Grants made thereof 11 die Feb. 1695. Lecta 1 vice Anno 1695. A Bill was presented to the House to vest in the Crown all forfeited Estates in England and to vacate all Grants made thereof 11 die Feb. 1695 Lecta 1. vice Anno 1697. A Bill was presented for vacating all Grants of Estates and other Interests in Engl. and Irel. from the Crown during the Reign of the late King Charles the 2d And for appropriating the same to the use of the Publick 12 die Feb. 1697. Lecta 1 vice 25 die Feb. 1697. Lecta 2. vice Anno ditto A Bill was presented for vacating all Grants of Estates and other Interests in England and Ireland from the Crown since the 13th day of February 1688. And for appropriating the same to the use of the Publick 12 die Feb. 1697. Lecta 1. vice 25. die Feb. 1697. Lecta 2 vice Anno ditto A Bill was presented for vacating all Grants of Estates and other Interests forfeited in Ireland since the 13th of Feb. 1688. And for appropriating the same to the use of the Publick 9 die Feb. 1697. Lecta 1. vice 12 die Feb. 1697. Lecta 2. vice Anno 1698. 9 die Maii. A Bill was presented for granting an Aid to his Majesty by an imposition upon Beneficial Grants and other things therein mention'd 10 die Maii Lecta 1 vice 11 die Maii Lecta 2 vice Thus we have shewn a continued Series the Year 1696 excepted of Bills or Adresses from Year to Year relating to this matter so that if the People of England have any Right or Interest in these Lands and Forfeitures it has not been lost or lapsed for want of putting in their Claim 3dly How far in an Act of Resumption it is just and reasonable to look backwards In matters of Government 't is generally the safest Course to tread in the Steps of our Ancestors were it only for this single Reason that 't is returning so far towards our Antient Constitution which all sides will agree to have been form'd with admirable Gravity and Wisdom In the present Question we shall therefore see as far we can find in old Histories or in the Records how our Forefathers proceeded in Acts of the like Nature for which we have recited our Authorities in the third Section Henry the 1st resum'd such Lands as his Brother Duke Robert who was an easy Prince had bestowed in Normandy upon undeserving Persons But we do not find he touch'd upon any thing that had been done by his Father or by William Rufus Stephen was press'd by the Nation as well as by Henry Fitz Empress to resume only his own Grants Henry the 2d resumed the Grants of Stephen but the matter had been agreed upon in the preceeding Reign Richard the 1st did only resume the Alienations he himself had made Henry the 3d. was perswaded by his Barons to resume what had been granted away by King John his Father a Prince so profuse that in a manner he had quite undone the Nation The Resumption made by Edward the 2d had relation only to what was done in his own Reign In the Reign of Richard the 2d the Commons indeed pray that the Gifts of Edward the 3d. to unworthy Persons might be look'd into which perhaps was done in respect of the dotage and Weakness this great Prince fell into the last Ten Years of his Life But what had been worthily bestowed was to be confirmed In the Reign of Henry the 4th the Petition of the Commons was that the Resumption might look as far backward as the 40th of Edward the 3d. and therefore we see it came to nothing and only ended in taking the Profits of all the Lands and Pensions granted for one Year The Resumptions made in the Reign of Henry the 6th extended only to the first Day of his coming to the Crown 'T is true the Commons in their Petition to Edward the 4th pray that the Resumption might extend to the Reigns of all the three Henries and the Act pass'd accordingly But we may plainly see this was chiefly done to condemn their Titles to the Crown And the Resumption retrospecting so far was found so impracticable that in the 3d. and 4th of his Reign a new Act became necessary which look'd no further backward than the 4th of March in the first Year of his own Reign The Resumption made by Henry the 7th does indeed look as far backward as 34 Hen. 6. and so takes in the Grants of Richard the 3d. and Edward the 4th But because there passed four several Acts of the same Nature in the Reign of Edward we may presume that this long Retrospect could not affect any considerable number of Families and that it was chiefly level'd at those who by Power and Interest in Edward's Reign still kept the Crown-Lands and who perhaps by new Grants from Edward and Richard had defeated the Intentions of former Parliaments The Reader may see that in these Resumption most of the Presidents reach only to the present or to the Reign immediately preceeding which is consonant to the Laws of all Nations that have prefixt some limited time after which Men should think themselves safe and quiet in their Possessions They without Doors who have desir'd that forfeited Estates of Ireland might not be look'd into have endeavour'd to obst ruct the good Intentions of the Parliament by crying we are willing to Resume provided you will go far enough backwards We shall join