IV. They pray to have leave to quit their Employments a Modesty and Self-Denyal not very common in this Age and that their Accompts might be pass'd upon which the House of Commons directed Persons to audit and state the said Accompts The Record is very curious we shall therefore give it in Words at length * Rot. Parl. 7 8 Hen. 4. Nu. 44. Item mesme le Jour le dit Mr. John Tibetot then Speaker monstra de par les ditz Communes coment au Parlement nadgaires tenuz a Coventre Thomas sire de Furnival Mr. John Pelham furent assignez Tresorers pur les Guerres Come pierd de Record en Rolle de Parlement puis qel Temps les ditz Tresorers ont desirez molt diligeamment pursâ—is as diverses foits a nostre Seigneur le Roy as toutes les Estates de ceste present Parlement de estre deschargez de lour dit Office auxint ont suppliez as dits Communes qe leur pleust de faire instance request pur mesme les Tresorers a mesme nostre Seigneur le Roy as touts les Estates suisdits pur eux finalement outrement deschargier de lour dit Office Sur quoy pria le dit Mr. John Tibetot en nom des dits Comunez a mesme nostre Seigneur le Roy qe les dits Tresorers soient outrement finalement deschargiez de lour dit Office Et qe leurs Heirs Executours ne Terre Tenants ne soient aucunement en temps avenir grievez molestez enquietez ou pur le exercice de ycelle qe cestes prier reqest soient endrez de Record en Rolle de Parlement Qeux prier reqest nostre dit Seigneur le Roy graceousement ottroia purtant qil ad pleu a nostre dit Seigneur le Roy qe les dits Tresorers soint deschargiez de lour dit Office de assigner certains Auditours cest assavoir le Seignour de Roos le chief Baron de le Escheqer qil est la volonte du Roy a ceo qe les dits Comunez ont entenduz qe mesmes les comunez deussent nomer autres Auditours doier terminer les Accompts des dits Tresorrers du temps passe Mesme yceux Comunes ont nomez certains Persones comprises en une cedule delivre per les dits Comunes en Parlement tielx come leur semble necessaires en ceo cas pur le poure estat de les Comunes dessuis dits Cestassavoir Mr. Hugh Lutherel Mr. Richard Redeman Lawrance Drewe Thomas Shelrey David Holbeche William Staundon Cinq Qatre Trois ou Deux de Eux Furnivale and Sir John Pelham for so he is call'd afterwards were as the * Rot. ibid Num. 63. Record says Ordeignez Tresoreres de les Guerres or what we call Paymasters of the Army and press'd the Parliament to take their Accompts An Example which we hope all their Successors in that Employment will desire to follow The Powers likewise which the Parliament gave to these Commissioners are fit to be observ'd Qe pleise a vostre tres gracieuse Seignourie de ordeigner qe les dits Auditours ensi nomez soint Auditours de Record eiants plein poair authoritie du Parlement de Oier Terminer le dit Accompte de faire Allowance as avant dits Tresorers si bien de les Paiments delivrances par eux faits per vertue authorite des vos Lettres Mandements dessous vostre Seale a eux directs pur les causes suisdits sur les Dependantz dycelle Come de les Paiments Delivrances per mesmes leâ— Tresorers per Authorite de lour dit Office faits pur semblable Causes les Dependants dycelle That is Power was given not only to inspect but finally to conclude the said Accompt To which the King assented And it seems our Ancestors thought such a Commission necessary to hinder the Publick Mony from being embeâ—zel'd 5. Parliaments have preserv'd the King's Revenue by inquiring into the Cause why some Branches yielded nothing as in Edw. 3d's Reign it was ask'd Why Ireland was rather a Burtheâ— than a Profit to the Crown The Commons desiring if the Fault lay in the Ministers that they may be remov'd * Rot. Parl. 21 Edw. 3. Num. 41. Item pleise a nostre Seignour le Roy fairâ— enqerer per bons Gents la Cause purqoi il 〈◊〉 prent profit de ce qil ad in Irland come toâ—â— ses Ancestres avoint Aide de luy de lâ— Comune pur meyntenir sa guerre depuis qiâ— ad plus en Irland qe uulle de ses Ancestres navoint si defaute soit trove en ses Ministres laundreit qe autrez y soient ordeignez en lour lieu tieux qi voudreut respondrâ— aâ— Roy du Profit qil averoit dilloqes de reson Resp Il plest a nostre Seignour le Roy qe ensi soit These were some of the Methods by which the House of Commons endeavour'd to preserve the Crown-Revenue from the greedy Hands of those who were always desiring therewith to inrich themselves But the Kings greatest Safety lay in the very Constitution of the Exchequer which if bad Ministers had not broken into our former Princes could not have been robb'd so much to the Impoverishment of the People The Constitution of the Exchequer we may rather call it the Constitution of the Kingdom has contriv'd to put a great many Letts and Obstructions in the way of designing Favourites and rapacious Followers of the Court and that no Grant should pass from the King but upon strict Inquiry and after mature Deliberation In order to which the State thought it necessary to be at the Expence of several Great Officers who should be as so many Centinels continually watching that the King may not be surprized nor defrauded Regularly and according to the Laws of the Land Grants from the Crown ought to make the following Steps The Petition is first made to the King in which as we have noted before the Petitioner ought to incert the true and express Value of the Thing demanded The King refers this Petition to the Treasurer of the Exchequer now call'd Lord High Treasurer of England whose first Step is to have a Particular of the Thing petition'd for from the Auditor if it lies before him or from the King's Remembrancer if it lies before him This Care is taken that the State may not be deceiv'd in the value of the Thing The Petition is first referr'd to this High Officer because the Law presumes that the whole State and Condition of the Revenue lies before him that he knows what Debts and Engagements the King has upon him and whither the Expences of his Wars and the other necessary Charges of his Government are not such as for the Peoples Ease and by the Rules of Justice ought for the present to restrain his Bounty If the Thing to be granted be of great
Value if it cannot be given away without great Damage to the Crown if by reason of such Gift he is hindred from paying his just Debts or from having wherewithal to defray the Charges of the Government or to provide for the Kingdoms Defence or if by this and other Gifts he must be driven through the failing of his own Revenue to lay heavy Burthens upon the People 't is the Duty of the Lord Treasurer to represent the whole Matter honestly and impartially to the King and to hinder the Grant from proceeding any further And as a Tie upon him he takes the following Oath Ye shall swear That well and truly ye shall serve the King our Soveraign Lord and his People in the Office of Treasurer and ye shall do right to all manner of People Poor and Rich of such Things as toucheth your Office And that King's Treasure truly ye shall keep and dispend And truly ye shall counsail the King and his Counsel ye shall layn and keep And that ye shall neither know nor suffer the King 's Hurt nor his dis-heriting nor that the Rights of his Crown be distressed by any means as far forth as ye may let And if ye may not let it ye shall make knowledge thereof clearly and expressly to the King with your true Advice and Counsel And ye shall do and purchase the King's Profit in all that ye may reasonably do as God you help and the Holy Evangelists It was hardly possible to devise a more binding Oath And the Words Ye shall well and truly serve the King our Soveraign Lord and his People in the Office of Treasurer are an Evidence that our Forefathers took themselves to have some kind of Interest in what was call'd the Crown-Revenue If the Grant meets with no Objection at the Treasury the King signs a Warrant directed to the Attorny or Sollicitor-General who is another Great Officer impowering him to prepare a Bill containing such a Grant And if the Grant be of Mony appropriated by Act of Parliament or of Lands annex'd to the Crown by Act of Parliament or if the Grant be any ways illegal or prejudicial to the Crown it is the Attorny or Sollicitor-General's Duty to advertise thereof After Mr. Attorny has pass'd it it goes to the Signet the Custody whereof is in the Secretary of State who being a Minister in high Office is presum'd by the Laws to be watchful for the King 's Good and to inquire into all Matters relating to the Weal Publick He is presum'd to be apris'd of the Persons Merits to whom the Grant is to be made and likewise to understand either the Affluence or Want in the King's Coffers and the general Condition of his Revenue And having an Allowance for Intelligence he is presum'd to know the Discourses and Opinions of the People and how such Grants are relish'd If therefore the Person suing out the Grant has no Merit at all or at least no sort of pretention to so great a Reward or if he knows the Publick to be press'd with Wants and Debts or if he hears that the People murmur at the Taxes which Profusion introduces and Clamour to see the Nations Mony wasted by his Duty as Privy Councellor and by his Oath he is bound faithfully and plainly thereof to inform the King From the Signet it should go to the Privy Seal who is likewise another Great Officer who being near the Person of the King is presum'd to know the Condition of the Kingdom and therefore the Law has made him another Check He takes this Oath Ye shall as far forth as your Cunning and â—â—â—cretion sufficeth truly justly and evenly execute and exercise the Office of Keeper of the King 's Privy Seal to you by his Highness committed not leaving or eschewing so to do for Affection Love Meed Doubt or Dread of any Person or Persons c. So that if the Lord Privy Seal finds that through Corruption in other Offices or that by Power Importunity or partial Favour a Grant tending greatly to the Publick Damage and to the Diminution of his Prince's Revenue has pass'd so far as to his Office he ought to stop it there and is bound in Duty and by his Oath to lay the whole Matter before the King From the Privy Seal it goes to the Great Seal in the Custody of the Lord Keeper or Lord Chancellor of England who is accompted the Kingdom 's as well as the King's Officer and there the Grant is compleated upon which score in the Eye of the Law this Great Minister is most look'd upon his Oath is the same with that of the Lord Treasurer He swears Well and truly to serve the King and his People in the Office of Chancellor truly to Counsel the King not to suffer his Hurt or Dis-heriting nor that the Rights of the Crown be distress'd by any Means as far forth as he may let And if he may not let it he is to make it clearly and expresly known to the King with true Advice and Counsel And in all that he may he is to do and purchase the King's Profit So that more than any other as the highest Officer and as the last Check the Laws presume him to consult for the King 's good Therefore if the Grant be exorbitant if it be made to an undeserving Person if it notoriously surpasses the Merits of the Suitor if it was obtain'd upon wrong Suggestions if it occasions Obloquy to the Government or Discontent among the People if the King's Debts are many and clamorous if the Nation labours at the same time as the Gift is made under heavy Taxes and if the Grant tends greatly to the Hurt and Impoverishment of the Crown with all which Matters the Law presumes so great a Minister in the State to be acquainted he is bound in Duty and by his Oath not to fix the Great Seal to the said Grant but thereupon faithfully and impartially to advise the King And Chancellors who have acted otherwise and who contrary to the Trust of their Office have ventur'd to pass outragious Gifts Douns Outrageuses as the Records call 'em whereby the Crown has been impoverish'd have been heretofore as we shall show by and by question'd impeach'd and attainted in Parliament These were the ancient Steps in Passing Grants from the Crown which were afterwards inforc'd by a positive * Anno 27 Hen. 8. Cap. 11. Law in the Reign of Henry the Eighth a Prince jealous enough of the Regal Authority 'T is true by the Suggestion in the Preamble it looks as if the Act were made to preserve the Fees belonging to the Clerks of the Signet but bringing in Fees to Officers being never the Object of a Parliaments Care we ought to conclude that the House of Commons gave that fair Colour in the Reign of a Suspicious and Arbitrary Prince to the Regulations they intended to make as to Passing Grants from the Crown First the Law directs That the King's
That these Northern Nations had among 'em the Titles of Peers Pallatins Barons Earls Grantz Graffs Notables Grandees and Dukes And the Persons of prime Rank under these or the like Appellations were a distinct Part or Member of the Body Politick and were to protect those who had come under their Banners and follow'd their Fortune and were vested by the Constitution with eminent Power that they might be a Skreen between the Prince and People But the Labour and Dangers of these Expeditions were to lie upon the Common People by whose hands the Battles were to be fought and no doubt they had not been tempted abroad if they could not have promised themselves a better Condition than what they had at home and if they were to be only Beasts of Burthen to the Great Ones For which Reason by Compact with those whom they follow'd they were likewise to have a certain Share in the future Conquest from whence came That in the Settlements made by these Northern Nations respect was had to the Interest of the People There was reserv'd to 'em their distinct Rights and Privliedges and Part of the Conquer'd Lands were Assign'd to them in which the better Sort had Freeholds and those of inferior Degree held of their Captains Lords and Leaders Their Military Constitution gave likewise Form to their Civil Government Their King as he was Head of the Army in the moving Camp abroad so when they came to settle he was Head of the Common-wealth And as the Principal Officers and Chief Captains had been his Council of War so when they had Peace and Rest they could not be easily perswaded to quit that Share in the Administration of Affairs of which they had tasted in the Field and their Titles and Lands being to descend they became by Virtue of their Tenures his hereditary and standing Council and as in the Field they had wont to advise him in difficult Matters for the common Good of the whole and to lay before him the Necessities and Grievances of their Followers and Dependants so at home it grew their Right to do the same But when these Nations came to fix and mingle with the Natives and when they had made Compacts and Agreements with those Natives this united Body which likewise increas'd in Wealth and Possessions soon became so Considerable as to make it necessary That what was properly call'd the Commons should be a distinct Part of the State and that it should be Represented by Persons and Members chosen from among themselves Thus in all these Northern Establishments there has been what was call'd either the Estates Assemblies the Cortez Diets or Parliaments This was the Original Constitution in most of the Establishments made by these Northern Nations and under this Form of Government they continu'd without any material Change till the Two last Centuries But in process of Time the Soil alters the Nature of Man as much as it does that of Plants warmer Climates did by degrees soften these rough and Warlike People Too much Sun produces that Effeminacy which is the proper Matter for Arbitrary Power to work upon Therefore all the East and Southern World has been Enslav'd while colder Climates seem more tenacious of their Liberties The French were the first who stoop'd to the Yoke of Regal Authority not limited by Laws Spain soon follow'd to whose Kings their Foreign Acquisitions gave more Greatness than consisted with the Freedom of their People At last it grew a Mode among lesser Kingdoms to imitate what had been done in larger Empires So that the Danes and Sweeds were content to make and put on their own Fetters And we in England were desiring to be like the other Nations round about us had not the Virtue and Courage of a Few saved us often very narrowly from the Corruption and Madness of the rest The bad Example of former Kings the Vices of their Courts nor our own Riches have not soften'd and deprav'd us quite and this Island having been planted by the most Warlike of all the Northern Tribes and having still preserved a few of its old Inhabitants who retain somewhat of the antient Britton Courage and this Soil having always bred and nourish'd Men of Heart and Stomach it happens that we still continue Free and that we keep the main Parts of our Original Constitution Antient Conquerors have in the same manner divided their Acquisitions between the Prince his Chief Fellowers and the People but the Tenures or Rights by which these Lands were to be Held seem particular to these Gothick Settlements and with admirable Polity contriv'd to preserve the Links of Protection and Obedience which should hold Prince and People together for 't is Natural for Men to Cherish and Protect their Dependents and as natural to Love and Obey those by whom we are Protected Thus to make all Hold of the King was almost as far as Human Wisdom could go to hinder this chief Landlord from committing Waste in his own and from injuring those by whose Service he was to receive Assistance But this Division of Property would not have quite suffic'd unless there had likewise been made such a Partition of Power as we have mention'd for the Greater would have encroach'd upon and swallow'd up the Less if the Power of each Part of the Constitution had not had certain Boundaries as well as the Fields and Grounds had Landmarks of one kind or other Our Ancient Government having its Foundation in such Tenures as the Goths introduc'd it will be necessary to say something upon that Subject This way of holding Land by certain Services was brought in by the Lombards who descended of the * Groti Prolegom in Hist Goth. Vand. Longobard Gepidae a People thaâ— quitting Scanzia were left upon an Island of the River Vistula where increasing in Numbers they were compell'd to seek new Seats and who after many Rovings and Adventures came at last to fix in Italy What we call Fee and what in modern Latin's call'd †Cujacius â—eud l. 1. Tit. 1. Feudum had its Original from the Kings of Lombardy whose Custom 〈◊〉 was to grant Territories Towns and Citiâ— to their Captains and principal Followers who were to have a kind of Usufructuary Right therein or more properly the Vtilâ— Dominium but of these Lands the Prince reserv'd to himself the direct Dominion 'T is true the Romans had something like 〈◊〉 Lamprid. in Sever. this as the Coloni Glebae adscriptitii And Alexander Severus and after him Constantix distributed Lands upon the Borders to their Soldiers and their Heirs upon Condition of Defence But that which properly constitutes the Feudum viz. The peculiar Oath of Fidelity and Homage was an Institution of the Lombards who did not only assign Lands upon the Limits but distributed whole Countries to be held by Fidelity and Service These Tenures were first at Will afterwards for a Term then they came to descend to one Son afterwards to be an Inheritance
Libertees mes aient entierement enjoient toutes les ditz Libertees Franchises toutes autres lour Libertees Franchises a eux Grantez puis le dit an quarantisme pur releifuement des Fee fermes encresce Fortification des ditz Citees Burghs seloncqe la fourme effect de lour Chartres ent faites cest ordeignance nonobstant Purveu ensement qe nostre tres excellente dame la Reygne ne les Fitz du Roy ne soient contenuz soubs la constreint decest Estatute ou Ordeignance Purveu auxi qe ceux qont Purchasez de Roy Richard Tâ—rrâ—s ou Tenements qeux furent a aucunes Persones forejugez a Parlement tenus a Westminstre lan unsiesme du Regne dudit Roy Richard ne lour Heires soient oustez ne molestez de lour Terres Tenements avantditz per vertue de 〈◊〉 Nâ—â—â— câ—tte Ordeignance Iâ—em qe tous Tonelx Pipes des Vyns des prises de Roy autre Pipes Toâ—elx des Vyns grantez a ascunes Persones de qel Estat ou condition qil soit per nostre Seignour le Roy qorest ou pâ—r ses Progenitours a terme de vie ou a Terme de ans soient entierement resumes es mains du Roy. Ibid N â— 17. Item que toutes dons Grantz des Chastelx Manoires Terres Tenements Fermes Rents Annuitez Libertees Franchises ou Possessions qe-conqes faitz per le Roy Edw. Aiel nostre Seignour le Roy qorest ses Ancestres ou Progenitours devant le dit an quarantisme del Regne dudit Roy Edw. as Persones del Roialme si bien as esprituelx come temporelx a terme de vie a terme de ans en fee taille ou en fee simple ou as auscuns en mortmaine a eux a lour Successours ou as Citeins Burgheis de Citees Burghs as ceux des Cinq Ports a eux a lour Successours de assent nostre tres graceouse Seignour le Roy les Seignours esprituelx temporelx communes en ycest Parlement assemblez soient solonc le effect de lour Estates per Estatutes ent en cest Parlement affaire confermez ratifiez sans estre en aprez adnu lez repellez ou revoqez purveu toutes foitz qe dons ou Grants des Chastelx Manoires Terres Tenements Feefermes Rents Annuites Libertees Franchises ou Possessions qeconqes faitz devant le dit An quarantisme as auscunes a terme de Ans terme de vie ou en le Taille en qele Case la Reversion est reservee au Roy maintenanâ— aprez le estate determine tieux Chateaulx Manoires Terres Tenements Rents Annuities Libertees Franchises Possessions qeconqes soient revertible au Roy come a sa Corone issint soient rejointâ— a la Corone sans estre en nulle manerâ— departis ou severes en temps avenir La Responce fait per le Roy de ladvys assent des Seignours esprituelx temporelx a les Petitions dessus escripts Qeux le Roy voet metre en Execution en tout le haste possible Ibid. N o 20. Responce en Engleis as dites Petitions And for as much that the Commons desiren that the King should live upon his own as good Reason asketh and all Estates thinken the same the King thanketh them of their good desire willing put it in Execution al 's soon as he well may And because the Commons desiren that al that longed to the Corone the Fortâ—â— Year of King Edw. and sithe hath beâ— departed should be resum'd to that intent that the King might better leve of his own And foralsmuch that it may noght be known unto the King which is of the Crown and which is not without more examination ne what hath be granted sith the fortie Yere of King Edw. unto this time the King's intent is to Assign certain Lords Sprituels and certain Lords Temporels and all his Justices and his Sarjeants and all other such as him list name for to put in Execution al 's far as he may by the Law of his Land or by his Prerogotive or Liberty all the Articles contained in the Petition of the Commons in all hast that he may in discharge of his People But this good Care of the House of Commons for the King's Welfare had no other Effect than to procure That the Lands Rents Profits and Annuities so granted away should be seised into the King's Hands for one whole Year but the Reason of this may be easily seen in the Record it self A great part of these Lands were got into the hands of the Clergy The words of the Record are Outragious Grants made to divers Persons as well Spiritual as Temporal Outrageouses dons faits as divers Persons si bien Espirituelx comme Temporelx The People were in that Age very Superstitious as appears by the severe * Vid. Rot. Par. 8 Hen. IV. N â— 62. Act which pass'd two Years after against the Lollards And where the People is Superstitious the Clergy never fail to have the Chief Power And by their Interest in all probability it was procur'd that the Nation could then be reliev'd only with one Years Profit from those Grants And because this After-act militates so directly with what the Commons had done just before there are good grounds to think that the last Project began in that House which was then influenc'd by the Lords Spiritual But we shall produce the Record it self to shew that the Writer desires to handle this Subject impartially and to set every thing in a fair Light Rot. Parl. 6 Hen. IV. N. 21. Item a Considerer les Grants faits per Patentes dessous le grant Seal du Roy de ses Progenitours Predecessours as diverses Persones si bien a terme de vie come en Fee simple ou en Fee taille on autrement y ne seroit honest ny expedient pur le Roy nostre Seignour de faire repelle revocation ou resumption 〈◊〉 tielx Patentes ceo si bien pur lâ— clamour autre Inconveniences qent purront avenir as estranges parties come deins le Roialme Dengleterre Et pur ouster tielx-Meschiefs accordez est qe chascun home feme de quel estat on condition qils soient qe ont ascuns Annuites Fees ou Gages a terme de vie ou des Ans du Grant du Roy Richard ou du Roy qorest qils soefreront chascun de eux soefrera mesmes nostre Seignour le Roy davoir enjoier les dits Annuites Fees Gages del Feste de Pasche darrein passe tanqal lendemain de Pasche prochain avenir cestassavoir per un an entier Purveu toutesfois qe les Fees Gages Regardes de Chancelier Tresorer Gardien du Privee Seal Justices de lun Bank de lautre Barons de lescheqer Serjeants du Roy a la Leye des autres Officers Ministres des Courts
own Hands are clean and that they do not at all participate in the Depredations that are made upon the Publick If they have ask'd nothing for themselves 't is a sign they did not promote Grants for he who ventures to wrong the King will rather do it for his own Gain than for the Advantage of another Therefore a total Self-denial in the Minister is a great Mark of Innocence If they were seen to have as large a share in the Plunder as any others if the King 's best Lands and Mannors were found in their hands or which is worse if they had devour'd all the Flesh themselves and left to others only the Bones to pick if while the Publick was poor they had procur'd to themselves outragious Gifts of Money as they are call'd in the Records if it was known that they had procur'd immoderate Releases for Money now they term 'em Privy-Seals and that in an unwarrantable manner Our Ancestors look'd no farther but took the Ministers to be guilty and presum'd that they singly for their own Gain and Profit had incited the Prince to Liberalities inconsistent with the Welfare of his Crown and Government and thereupon our Forefathers grounded the Impeachments we have mention'd in this Section We do not find in the Records except in the Lady Vescie's Case that the Anger of Parliaments was provoked against the Common Herd of Courtiers who in all Ages have raked from the Prince whatsoever they could But the Sword of the Legislature was directed against their Heads who being Ministers of State in his Privy Council bound up by Oaths Astricts per lour serments and having Offices attended with large Sallaries and Profits did nevertheless with insatiable Avarice and Ambition and without any Consideration of the Publick Wants and Miseries rob the Crown of all they could by a Practice as foul in it self as it was fatal in its Example For in these Cases the Law has only an Eye to those who are intrusted and expects the Town should not be sold surrender'd or betray'd by the very Centinels who are set to watch the Gates Perhaps these Great Men alledged in their Excuse That none will serve a Court without Rewards But our Ancestors thought the Appointments belonging to their Offices a sufficient Recompence and that Government grows very costly when Ministers must go away with Ten thousand Pounds per Annum Estate for Five or Six Years Service Nor did our Fore-fathers think it Reasonable that out of the Substance of the Commons of England there should be built up every Year Three or Four New and Wealthy Families 'T is true indeed the Ranulphs the De la Pools the Beurlees and the Buckinghams of former Ages might very well expect all they got or could get if every Day they were making bold Steps by which they ran a Hazard of their Necks But in Times when the Laws govern and when extraordinary things are neither expected by the Prince nor suffer'd by the People Ministers for their Service ought to be contented with a moderate Reward 'T is probable likewise that when they begg'd those large Grants of former Kings for which they were impeached they suggested to 'em what immense Summs of Money they had got granted for them by the Commons But if the true Necessities of the State requir'd it the Gifts would have proceeded without their urging Nor do we find that Hubert Archbishop of Canterbury a good and faithful Servant got or was impeach'd for getting Grants tho' he had obtain'd Eleven hundred thousand Marks for the Redemption of King Richard Besides our Ancestors never thought that procuring Money from the People ought to commute for robbing the Prince well-knowing that to be true which my Lord Verulam has since observ'd that these Men so dextrous at finding out Projects and at inventing new Taxes * Life Henry VII p. 210. Prey upon the People like tame Hawks for their Master and like wild Hawks for themselves Our Fore-fathers had good Reason to animadvert upon these Proceedings for nothing more tends to corrupt a Country than the easie way of getting Wealth by the Profusion of a Court. It makes Men abandon the Thoughts of raising themselves by Virtue and Merit and reduces a Nation to the State of which Mr. Pym speaks when he says There are but few now that apply themselves either to do well or to deserve well finding Flattery and Compliance to be the easier way to attain their Ends and Expectations But the Advocates for Male-Administration and they who give a fair Colour to Corruptions of this Nature will perhaps urge that generally the Heirs of such as here are mentioned to have been attainted for these Crimes have been restor'd in Blood We grant the Fact to be so but this is no Argument that they were wrongfully accus'd or coudemn'd Perhaps to make the Punishment extend beyond the Person of the Criminal is wrong in our Constitution and that all Restitutions in Blood whatsoever ought to be favour'd But Families have been restor'd whose Parents no Man will pretend to justifie * Rot. Parl. 2 Hen. V. Numb 19. Hamond Belknap was enabled in Blood 2. Hen. V. and the Family was afterwards fully restor'd 6 Hen. VIII And yet no English Man will offer to say that Belknap did not deserve his Death The Attaindures shew'd the severe Justice of our Ancestors and the Restitutions that came afterwards are Signs only that we are born in a Country where the People are well natur'd and who cannot long entertain angry and revengeful Thoughts but where Lenity has encourag'd many Persons more boldly to enterprise against the Publick Thus far as to what has been done in these Matters But before we conclude this Section we shall observe That other Countries as well as England have relieved the Affairs of the Prince by Resumptions for which Grotius cites several Authorities †Grotius de Jure Belli ac Pacis L. 2. Annot. ad Cap. 14. Donata etiam ab Emptoribus repetiit Galba relicta decima Tacit. Hist 1. Pertinax etiam à liberis ea exegit quae sub specie venditionis Commodo Principe lucrifecerant Basilius Macedo Imperator repetiit quae Michael Imperator elargitus fuerat Zonaras de eo Communi consensu placuit ut qui pecunias nulla probabili ex causa accepissent partim totas partim dimidium redderent Vide eundem Isaacio Comneno de donationibus Ludovici XI vide Serranum Carolo VIII de ejusdem donationibus etiam quae Ecclesiis factae non servatis Philippum Cominaeum lib. ix Marianam vero de donationibus quas Arragoniae Rex Ramirus fecerat rescissis lib. x. cap. xvi de Isabellae donationibus rescissis per ipsam xxvii cap. ii .. The same has been done in Scotland †Drammond 's Hist of Scotland p. 27 28. James the 1st recall'd all such Lands as had been either alienated or wrongfully Usurped from the Crown And also what was wont to be idly
far from thinking his Prerogative injur'd by Acts of Grace and Favour by which good Government might be promoted that he himself desir'd of the House of Commons that his whole Privy Council might be named and Established Rot. Parl. 7 8. Hen. 4. Num 31. in Parliament Et rehercea outre coment l'Erceveqe de Canterbirs lour avoit fait report qe le Roy vorroit estre conseilez per les pluis sages Seignours du Royalme lesqeux deussent avoir survieu de tout ceo qe seroit fait pur la bone Gouvernance de son Royalme A qel cbose faire le Roy sagrea rehercea per son bouche propre qil fuist savolonte entier Et sur ceo fust lue une Bille fait per le Roy mesme de sa volonte propre de les noms des Seignours qi seront de son Conseil Afterwards the Privy Counsellors are actually nam'd in the Bill and the Lord Chancellor Lord Treasurer Privy Seal and other great Officers are therein directed to act nothing of Importance without the concurrent Advice of the rest of the Council Et qe Billes a endorser per le Chambrelayn Lettres dessous le Signet de nostre dit Seignour le Roy a Adressers autres Mandements a doner as Chanceller Tresorer Gardien du Privee Seale autres Officiers qeconqes desore en avant en tielx Causes come desuis seront endorsez ou faitz per advys du Conseil Et qe les dits Chanceller Tresorer Gardien du Privee Seale autres Officiers ne facent en tielx Causes si non per advys du dit Consil The King goes on farther and desires his own Authority may be circumscribed in several Points and yet when he made those Concessions he was neither in his Nonage nor did he doat nor was he press'd by any Insurrection of the People and 't is notorious he neither wanted Policy nor Courage But 't is rather probable that he thought it Honest and Wise and no diminution to his Honour to oblige that People with wholsome Laws and good Government who had given him the Crown and who had been at such Expences to support his Title Magnanimous Kings have not only been Favourers of Publick Liberty but they have likewise been frugal of the Peoples Money as appears in the Instances of Henry the 1st Henry the 2d Edward the 1st Henry the 4th Henry the 5th Henry the 7th and Q. Elizabeth which shows how wrong their Notion is who think Wise and Thrifty Princes dangerous to the Freedom of a Country whereas profuse Kings such as John Henry the 3d Edward and Richard the 2d did not ouly waste the Nations Treasure but every one of 'em compell'd the People to fight Pitch'd Battles in defence of their Civil Rights Gallant Princes desire to make the People easie Henry the 4th of France our present King 's great Grand-Father said once he hop'd to order Matters so that every Man in his Kingdom should have a boil'd Capon to his Dinner None of the Apothegms utter'd by great Men and so much commended by the Antients could become the Mouth of a King so well as this Noble and Well-natur'd Saying 'T is probable had he liv'd he would have brought it about which if he could have done 't would have been a nobler Trophey to his Fame than all the Victories he had obtain'd The Honour of a King consists chiefly in doing good to the Universal Body of his People and the Publick Welfare is to weigh with him above all other Respects He is often to divest himself of the narrow Thoughts which sway among private Men and he can hardly be a good Ruler unless he does now and then in his Politick what he would not do in his Natural Capacity He is a Person intrusted by the Common-Wealth and what he acts in discharge of that Trust cannot be call'd dishonourable The Commons in the Resumption made 1 Hen. 7. tell the King in their Bill It is for his own Suerty Honor and Weal and for the Vniversal Weal Ease Rest and Suerty of his Land the which he ought to prefer before the Favour of any Person or any Place or other thing Earthly The same Words made a part of the Preamble in most-of the other Bills of the like Nature by which it appears to have been the continu'd Sense of our Ancestors that the Reputation of a Prince was never injur'd by Acts wherein the Ease and Relief of his People was consulted 'T is true such a Minister as the Chancellor de la Pool had other Sentiments and gave Advice of another kind being willing to countenance his own Depredations by the Example of others Such as he may engage the King's Honour in the Protection of their Crimes so to shelter themselves under his Wings and pretend things lessen his Fame which will only lessen their Estates But good Ministers have always thought that nothing could more hurt the Reputation of a Prince than to be reduc'd by Profusion to Courses by which his Country must be opprest with Taxes 'T was a common practice with the Duke of Sully to obstruct and often to vacate his Masters Gifts and Grants yet this great Man was sufficiently jealous of his Princes Fame In Spain Henry the Amirante Pacieco d' Ascolone and Henry de la Fortuna three Grandees had obtain'd of Ferdinand each of em a Million of Livres of Gold charg'd on the Revenue of Peru and should have receiv'd it at the Return of the Plate-Fleet but Cardinal Ximenes utterly * Bandier le Ministere du Card. Ximenes annulled these immoderate Gifts tho' de la Fortuna was the King's own Kinsman saying The Revenue of Princes tho' great in it self is always too little for the Necessities of the State And notwithstanding the Spanish Punto of Honor we do not find this Proceeding resented by King Ferdinand Before his Greatness was so establish'd seeing a very disadvantagious Farm of the Silks of Granada let for Ten Years by the Advice of Don Manuel the Treasurer to which the King had consented and which was offer'd at Council to be seal'd he took the Charter and tore it pnblickly of which the Pieces are kept among the Records of Arcala as a Memorial of this Ministers Courage and Integrity saying Salto Don Manuel were you not my very good Friend the King should cause your Head to be taken off Dare you make Grants so prejudicial to the State Nor did Phillip the 1st take it ill that his own and his Favourites Doings were thus revoked We agree that Princes in all their Actions are to consider Fame because Opinion is one of the main Pillars to support their Authority But let any reasonable Man answer Is it not more glorious for a Prince to let the whole People under his Reign enjoy Ease and Plenty without new Impositions and Duties than to enrich a few Minions and Favourites with the Spoils of a whole
Country A Prince thirsting after present or future Renown whose Example would he desire to follow That of Henry the 4th who by his Frugality brought the Crown of France out of Debt or that of Henry the 3d who harrass'd his whole Kingdom to build up four or five great Families whereby he got no more than to leave behind him so many conspicuous Monuments of his Weakness No doubt it has heretofore been thought injurious to the Reputation of a Prince to be urged by clamorous Debts to suffer many thousands of miserable Persons to want what is their due to have his Troops unpaid and his Seamen in vast Arrears and to let his menial Servants starve first by retrenchments and then by being without their settled Wages and Allowances These are truly Blemishes upon a Princes Glory and were represented as such by the Commons of England assembled in Parliament 28 Hen. 6. when they made Application That these Reflections might be taken away and that these Grievances might be redress'd and affirm'd at the same time That they could not grant any Aid unless the King would actually resume what had been obtain'd from the Crown by Importunity or Surprize upon false Suggestions or by Contrivance among the Great ones Seldom any Prince has miscarry'd in his Fame or Fortune who has constantly pursued the Publick Good and who has directed all his Counsels to his Countreys Ease and Benefit but History is full of their Troubles and Disasters who have obstinately adhear'd to a few against the whole and who have confin'd to particular Objects that Affection which ought to be extended to the universal Body of their People What was done by Henry the 1st Henry the 2d and by that Hero Richard Cordelyon What was done by that Conqueror of France Henry the 5th What that Spirited and Martial Prince Edward the 4th desir'd his Parliament in a Speech from the Throne to put in Execution and which he thanked them afterwards for doing can never be thought dishonourable in any other King and among English Men a Prince will never suffer in his present or future Renown for treading in their Steps and following their Examples And without doubt these Noble and Warlike Princes did not think the Regal Power at all impair'd by giving Way to the Resumptions which were made during their Reigns for in all these Exercises of the Legislative Authority Lords and Commons do but act subserviently under a King for his Profit Grctiu s de Jure Belli ac Pacis l. 1. Cap. 3. Num. 18. which Grotius very finely thus Illustrates Multum falluntur qui existimant cum Reges Acta quaedam sua nolunt rata esse nisi a Senatu aut alio Coetu aliquo probentur partitionem fieri potestatis nam quae Acta eum in modum rescinduntur intelligi debent rescindi Regis ipsius Imperio qui eo modo sibi cavere voluit ne quid fallaciter impetratum pro vera ipsius voluntate haberetur 2dly What Interest the People of England have in the Lands granted away and especially as to the Forfeited Estates in Ireland As to Lands appertaining to the Imperial Crown of England and of its Antient Demeasnes 't is not at all clear that they can be alienated the Fundamentals and general Grounds of Government consider'd Grotius is directly Lib. 2. Cap. 6. Num. 1â— of this Sentiment Patrimonium quoque Populi cujus fructus distinati sunt ad sustentanda Reipublicae aut Regiae dignitatis onera a Regibus alienari nec in totum nec in partâ—m potest Nam in hoc jus majus Fructuario non habent And to fortisie his own Opinion he produces very many great Authorities But we shall take notiee of some he has not mention'd Hotman is clearly of Opinion Hotman de Jâ—r Reg. Gall. T. 3. Col. 139. That the Kings of France could not alienate the Demeasnes of the Crown Itaque Anno cio ccc xcix cùm Rex Carolus comiti sampaulino particulam quandam sui domanii donasset Senatus Parisiensis pro vetere veteris trium statuum Parlamenti jure intercessit ac pronuntiavit Regii dominii diminutionem nullius esse momenti nisi cujus auctor Senatus ille Parisiensis fuisset Quod decretum Paponius inter arresta sua retulit lib. 5. tit 10. ubi alia complura generis ejusdem Senatus consulta commemorat And a little lower Quae sanè lex Reipublicae per quam utilis est ad regii dominii conservationem Quia tum demum ad tributa indictiones extraordinarias quibus plebs oneratur decurri tanquam ad subsidium solet cum illud dominium Col. 140. regium exhaustum est And again Jus Regum Francorum ita constitutum est ut non infinitam immensam regno atque imperio suo abutendi potestatem haberent non regni Patrimonium insanis largitionibus donationibus immodicis prodigorum instar dissiparent sed utpatriae ac populorum suorum salutem fidei suae creditam incolumem servarent neque ulla ex parte Rempublicam sibi commissam violarent denique ut sanctissimum illud M. Tullii praeceptum servarent Vt tutelam sic procurationem Reip. ad utilitatem eorum qui commssi sunt non ad eorum quibus commissa est gerendam esse But as we have noted in the precedent Section this Point is become more doubtful since the late Act for declaring the Rights and Liberties of the Subject which Act absolutely condemns those Clauses of non Obstante whereby these Alienations were formerly supported and such Clauses being condemn'd there are strong Reasons to think that the Act 11 H. 4. which clearly prohibits such Grants is now return'd to its first Force and Vigour However let this Matter stand as it will we shall probably make it appear That the Lands in Ireland which the People of England have within a few Years repurchased with so much Blood and Treasure are quite upon another Foot Lib. 3. Cap. 6. Num. 10. Grotiuus affirms 't is the Law of Natious Ex Jure Gentium That the Lands of the Vanquish'd should go to the Conquering People Ex quo gentium Jure Scipio agit â—um Masinissa apud Livium Syphax Populi Romani Auspiciis victus Captusque est Itaque Conjux Regnum Ager Oppida homines qui incolunt quicquid Syphacis fuit Praeda Populi Romani est What he terms the Law of Nations is all the highest Result of Reason for is it not just that what is gain'd at their Expence should belong to them Hotman putting the Case how it should be if the Lands to be given away are newly Conquer'd says †Hotman Quaest Il-Iust T. 1. Col. 850. Restat pars ultima cùm armis Bello regnum quaesitum est Nam cùm armis Principis partum atque in ejus ditionem redactum sit consentaneum videtur ut de eo statuere arbitratu suo possit Sed cum eam ditionem solus ac
jus Regibus tribuere And a little before * Subscribere Ibid. n. 8. non possumus Jurisconsultis qui ad Regulam de non alienandis Imperii partibus adjiciunt exceptiones duas de publica utilitate de necessitate nisi hoc sensu ut ubi eadem est utilitas communis Corporis Partis facile ex silentio etiam non longi temporis consensus populi partis intervenisse videatur facilius vero si etiam necessitas appareat At ubi manifesta est in contrarium voluntas aut corporis aut partis nihil actum debet intelligi And a little lower he says Ibid. n. 11. * Nec admitto exceptionem si res modisticum valeat quia quod meum non est ejus nec exiguam partem alienare mihi jus est sed in rebus modicis quam in magnis consensus Populiex scientia ex silentio facilius praesumitur So that this great Civilian is of Opinion that the Acquiescence and long silence of one of the Constituent parts of a State is in a manner an Approbation of what the other does No doubt the People by their Representatives have a Right to complain when they see that wasted which must be supplied out of their Purses and they have a Right to propose Resumptions when they become of absolute Necessity But this Right they may suspend for a Season pro hac vice Ibid. cap 4. n. 4. renounce * Venit enim hoc non ex Jure Civili sed ex Jure Naturali quo quâ—sque suum potest abdicare No doubt the People may lay claim to what the whole has an Interest in to wit the Publick Revenues but this claim ought to be made within some moderate Compass of Time so as not to produce any distraction or disturbance in Men's Titles and Possessions For otherwise such a Claim will occasion more Disorders than it can propose to remedy But when it has been forborn too long and when the People have been suffer'd to imagin that the Circumstances of the time admitted of a such a Profusion or that their Representatives have acted upon some Reason of State and that they did not resume because 't was better these Estates of the Crown should be in private Hands When the Silence of those who had right to complain seems to have justified such proceedings and when upon all these Presumptions private Men have gon on for many Years to buy and sell in the way of their common Business to come afterwards with Cato's Rule and say There is no praescribing against the Publick would be unjust and dangerous Sylla made strange Alterations in the State of Rome in its Governments Magistracies and also in the Properties of Men however the Senate had submitted and in a tract of Time the People was accustomed to these Establishments but Cataline and his Accomplices not out of Love to the Common-wealth Vit. Cic. as * Plutarch notes and rather to innovate in things and to find matter for Civil War would change what was already fix'd but Cicero and the best Citizens of Rome thought the Mischief had taken too deep a Root that to alter what had been done some Years before and which concern'd so many would alarm and affect too great a number of Persons therefore the good Patriots of that Age would not consent to break into the Acts of Sylla In the same manner most certainly King Charles acted against the Trust of his high Office in permitting such a Spoil to be made of his and the Nations Revenue but no good Man who loves the Peace and Quiet of his Country would desire to unravel what has been done so many Years ago and in which so many Thousands are concern'd The Evil is grown too big for Correction 'T is like a Disease which is become in a manner part of the Constitution of which to attempt the Cure would be to kill the Patient They whose Duty it was to take Care of the Body Politick have suffer'd the Distemper to proceed too far By the Negligence of the State which for Forty Years together has let this Matter go on without Check and Inquiry most of those who are in Possession of Grants from King Charles are now Possessors bona fide and purchasors upon a valuable Consideration Were they now in the Possession of those who had first procured the Grants no doubt according to the Constitution of this Kingdom they might justly be resumed But the Case is notoriously quite otherwise in the space of Forty Years most of those Estates have been sold over and over and from time to time have pass'd through so many Hands that a Resumption from the 1st Day of his Reign as they propose who would load this matter to perplex and defeat it cannot be made without breaking into so many private Contracts Marriage Settlements Jointures Mortgages and Sales for Valuable Consideration that there is hardly any Tax which probably the People of England would not consent to rather than bring so vast a Disorder and Ruin upon such a number of private Families From what has been here laid down it will appear to any disinterested Reader that King Charles's Grants and those lately made do not stand upon the same Foot and that the Cases differ in many and very material Circumstances 1st The Law is perhaps otherwise now than the common and receiv'd Practice of it then was but as we have before said 't is submitted to the Gentlemen of the long Robe to determin in that Point 2dly What King Charles had done was winked at because the flourishing Trade Wealth of the Nation and its long Peace might bear such Gifts which were not to be supply'd by new and heavy Taxes But our present Condition is not the same there was not then rais'd upon the People quite two Millions per Annum England of late has paid and for some time to come will pay at least Five Millions per Annum The Publick had not then been exhausted and was not in Debt we have in Ten Years actually levyed Thirty Millions and still owe near Twenty Millions above four of which are not yet provided for 3dly The Nation seem'd to acquiesce in what King Charles had done for tho' something was mov'd at first to restrain and regulate Alienations from the Crown the matter had little Progress and afterwards we have not heard it was pushed on with any Vigour the Claim was not so strongly made as by the Rules of Justice to take away from the Possessors any Pretences to Praescription But in our present Case a solemn Assurance has been given from the Throne That no grant should be made of the forfeited Lands in England and Ireland till there should be another Opportunity of setling that Matter in Parliament in such manner as should be thought expedient Afterwards as we have shewn an Address was presented that no Grant might be made of the forfeited Lands in Ireland And almost
in every Sessions a Claim has been put in by the Representatives of the People and as we have set forth Twelve several Bills have been presented and read all tending to appropriate these Forfeitures to the uses of the War So that the new Possessors of these Estates cannot pretend that any Silence has given a Sanction to what has been done or that a quiet and unquestiond enjoyment has so far confirm'd their Right as that thereby they may plead Praescription If any of these Lands have been sold or traffick'd about the Purchasers cannot plead Ignorance by the Steps made in Parliament they could not but know they bought a litigated Title the same may be said as to Marriage Settlements Jointures or any other civil contract that has Relation to the Grants lately made 4thly What Crown-Lands K. Charles gave away descended lineally to him from his Ancestors The Irish Forfeitures have been lately purchas'd with the Blood and Treasure of this Kingdom If any Man could think that a Resumption retrospecting so far as the beginning of King Charles Il's Reign would be for the Publick Good why has it been never set afoot or mention'd at any other time but when the Parliament had a desire by a Resumption in Ireland to ease the People in their Taxes All the Premisses consider'd perhaps it will appear to any unbiass'd Person who desires to help the Affairs of England by a Resumption That to follow the greatest Number of Presidents and according to the Rules of Prudence and Justice the Bill ought to look no farther backwards than this or the Reign immediately preceeding We hope to have made it evident in the Series of this Discourse That according to the Constitution of this Kingdom the late Grants may be resumed We have produc'd variety of Presidents to justify such a Proceeding 'T is hoped we have given them a full Answer who would engage the Kings Honour in Countenancing their Depredations upon the Publick Peradventure we have produc'd undeniable Proofs that the People of England have an Interest in these Lands and Perhaps we have silenc'd those who to clog a good thing would put us upon a wrong scent by proposing to look farther backwards than in Justice and Reason we ought to do And if we have made out all these Positions it will not be difficult for good Englishmen to think inferr and conclude That more especially the forfeited Estates in Ireland ought to be apply'd towards Payment of the Publick Debts The Writer of these Papers from the first time he bent his Studies to Matters of this Nature has all along endeavour'd to propose such Ways and Means of raising Mony as might give ease to the Landed Interest of which he hopes what he has formerly publish'd is a sufficient Evidence 'T is true the freedom and Sincerity with which he has handled these Points may have drawn upon him powerful enmities but if he has given any Hints by which England may save two Millions and remain this Yearwithout a Land Tax he shall think his Labour well employ'd and little value the displeasure of Particular and Interested Persons whose Resentments ought truly not to fall upon him but rather upon those whose general ill Conduct has made so rough a thing as a Resumption necessary However he who looks into any Male administration stirs up a Nest of Hornets If any one be touch'd who has been concern'd in Procuring Grants all that have participated in his Guilt will be alarm'd Tacit. Hist l. 4. and think themselves bound to act in his Defence for if one Criminal falls the rest are all in danger * Nam si Marcellus Eprius caderet Agmen Reorum Sterneretur There is an Anecdote or secret History belonging to these Grants well worth the Knowledge of good Patriots the Writer of these Papers is not quite without Materials for it Nor is he at all withheld by any of those private and mean Fears which commonly obstruct National Designs but the Truth is he has not this time had leisure to put so Dark and Intâ—icate a matter into any tolerable Method The Manner of procuring several of the Irish Forfeitures has been as criminal by its Circumstances as in itsself but of this at another Season To look into the Depredations lately committed is so copious a subject that he who bends his Thoughts this way is sure to have matter enough before him and if all things were well examin'd it would perhaps be found that the Resumption here propos'd is not the only way of raising Mony to ease the People in their Taxes There have been of late Years given in Parliament upwards of Fifty Millions This immense Summ as we all know has been transmitted into two Offices for the use of the War And by an Inquisition into those Offices peradventure something very considerable is to be recover'd The Author thinks he cannot employ his Hours of Leisure more to his Country's Service than in Inquiries of this Nature And next Year if he finds a Continuation of these Foul Practices which have been so destructive to England and so prejudicial to the King's Interest he purposes to open a new Scene That Zeal for the Publick which has now warm'd him shall not in the least cool and though he should be left to stand alone he will still combat on and neither ask nor give Quarter in the Conflict he intends to maintain with the Corruptions of the Age. FINIS Compare page 335 image 168 on the sudden he could not govern himself in the Change But Prosperity laid open the secret Faults of his Mind which were suppress'd and choaked before Thomas of Walsingham calls him Michael Atte Pole and says he was convicted in Parliament of notorious Frauds Walsing p. 324. Num. 10. Convicerant eum nempe de multis Fraudibus et quibusdam proditionibus in Regem quos nequaquam inficiari nequibat unde et cum responsis astaret et objecta negare nequibat Rex pro ipso verecundatus et rubore suffusus caput agitans heu heu inquit Michael vide quid fecisti But as soon as the Parliament was up the King took him into greater Favour than before But the Weight of a Parliament will at last bear down a bad Minister so that de la-Pool durst not stand the next Sessions but fled to France where he died in Exile But take from Walsingham the Character of this Chancellor with the Account of his Death Ibid. p. 339. Hac Aestata persidiae promptuarium Sentina Avaritiae Auriga Proditionis Archa Malitiae Odii Seminator Mendacii Fabricator susurro nequissimus dolo praestantissimus artificiosus detractor Patriae delator Michael Atte Pole quondam Comes Southfolchiae Regnique Cancellarius Compare page 297 image 149 he is to make it clearly and expresly known to the King with true Advice and Counsel And in all that he may he is to do and purchase the King's Profit So that more than any other as the highest Officer and as the last Check the Laws presume him to consult for the King 's good Therefore if the Grant be exorbitant if it be made to an undeserving Person if it notoriously surpasses the Merits of the Suitor if it was obtain'd upon wrong Suggestions if it occasions Obloquy to the Government or Discontent among the People if the King's Debts are many and clamorous if the Nation labours at the same time as the Gift is made under heavy Taxes and if the Grant tends greatly to the Hurt and Impoverishment of the Crown with all which Matters the Law presumes so great a Minister in the State to be acquainted he is bound in Duty and by his Oath not to fix the Great Sale to the said Grant but thereupon faithfully and impartially to advise the King And Chancellors who have acted otherwise and who contrary to the Trust of their Office have ventur'd to pass outragious Gifts Douns Outrageuses as the Records call 'em whereby the Crown has
A DISCOURSE UPON Grants and Resumptions Showing How our ANCESTORS Have Proceeded with such MINISTERS As have Procured to Themselves GRANTS OF THE Crown-Revenue And that the Forfeited ESTATES Ought to be Applied towards the Payment of the Publick DEBTS By the AUTHOR of The Essay on Ways and Means Apud Sapientes cassa habebantur quae neque dari neque accipi salvà Republicâ poterant Tacit. Hist Lib. III. LONDON Printed for JAMES KNAPTON at the Crown in St. Paul's Church-yard 1700. INDEX SECTION I. INTRODUCTION ALL Governments wisely Constituted have set a aside a Proportion of their Wealth for Publick Vses Page 1 In the Kingships settled by the Goths Hunns and Vandals the Conquer'd Country was divided 3 Good Princes have always reckoned their Revenues as belonging to the Publick ibid. Thrift in the Publick necessary because indigent Princes have seldom been known to compass great Things 5 Profusion in a Court destroys all sort of Order 6 Kings reduc'd to Streights ever involv'd in dark and mean Intreagues ibid. Wise Ones therefore have retreated as soon as possible from so dangerous a Step 8 But in Case of Negligence how the Wisdom of the Laws have provided for them 9 By inflicting severe Punishments on such as deceive him ibid. Especially on such who break their Trust ibid. And by Resumptions 10 However 't is always difficult to keep the Prince from being Robb'd ibid. The People repine not to see a Prince conser his Favours upon deserving Men if with Moderation 11 Those who Rob him try to be safe by their Numbers 13 But yet they have been reach'd ibid. How Male-Administration sometimes gets Footing but is afterwards corrected Page 14 Our Happiness under a stout and wise Prince 17 The present Disorders to be attributed to the Corruptions of the Times 20 The King's Character with a Description of his Actions and Vertues 20 to 24 A Prince who would reform the State must expect to meet with great Difficulties 25 What Artifices such as are guilty will use 26 What they will alledge in their Defence 28 The false Colours they will endeavour to give to their Actions and Councils 31 They will poison the Prince's Ear with false Whispers and misrepresent to him his best Friends 33 Whither 't is Politick to nourish Factions in a Court 34 Why some People in certain Junctures withdraw from publick Employments 38 How all the ablest Men may be induc'd to embrace the Service of the Government 39 A Prince who will correct Abuses seldom wants Assistance 40 The Author's Reason and Inducements to handle this Matter of the Grants 42 The Method he intends to observe in discoursing upon this Subject 43 44 SECT II. OBSERVATIONS on the Management of the Romans in their Publick Revenues VAlerius Publicola first lodg'd the publick Money of Rome in the Temple of Saturn Page 46 As the Empire extended the Romans more sollicitous to gather a publick Stock This done that they might not burthen the Plebears 47 The exact Fidelity of their Commanders in bringing the Spoils gain'd by War into the Common Treasury ibid. Till some time after the last Punick War none thought of growing Rich by Spoils gotten in the War 48 They who did it were Men who hatch'd wicked Designs against their Country ibid. The Romans made every War bear it's own Charges 49 Instances of great Sums from Time to Time brought into the Common Treasury 49 to 52 No Empire strong enough to carry on a long War singly upon it's own Revenues 53 The immense Treasure gather'd by Augustus and which Tiberius left behind him at his Death 57 All which Caligula consum'd in less than a Year ibid. The Difference the Roman Emperors made in the publick Revenues and the Prince's private Patrimony 58 Profusion in wicked Princes the first Spring of all their other Vices 62 The prodigious Debt into which Rome was plung'd in the Course of Three bad Reigns 63 The Debts of the Empire forc'd Vespasian a good Prince upon dishonourable Courses of raising Money 64 The vast Treasure gather'd and left by Nerva Trajan Adrian and Antoninus Pius 66 Antoninus Pius would not accompt the publick Revenues to be his own ibid. What had been gather'd in Five wise Reigns was wasted by Commodus in less than Thirteen Years ibid. The Profusion of Caracalla 72 A Brief Accompt of the Roman Coin 73 74 Coin the Pulâ—e of a Nation 77 When the Romans began to buy Peace 78 What a Number of Reigns Rome saw in 89 Years 79 When the Goths began to invade the Roman Dominions 80 The Care of Mesitheus chief Minister to the Emperor Gordian 81 Original of the Ruine of the Roman Empire 83 The Division of the Empire one Cause 85 But the principal Cause was that Poverty which the Profusion of their Emperors had brought upon the Provinces 87 SECT III. Of RESUMPTIONS A Brief Accompt of the Original of the English People and of the Ancient Constitution of this Kingdom Page 89 to 96 The Original of the Ancient Tenures in England 98 High Customs and Excises not thought on in the Gothick Establishments 101 These sort of Duties made use of by the Romans and set up again first in Italy ibid. In all the Gothick Settlements the Prince's Revenue consisted in Land 103 In forming this Constitution our Aucestors took Care to make ample Provision for maintaining the King's Crown and Dignity 104 When those Lands and Revenues were parted with which were alotted for his and the States Service Parliaments have seldom fail'd to restore and relieve his Affairs by Acts of Resumption ibid. Of Doom's-Day Book 105 Of the yearly Revenues of William the Norman ibid. The Number of Mannors then belonging to the Crown ibid What was call'd Terra Regis in Doom's-day-Book anciently esteem'd not alienable 106 William Rufus a profuse Prince 107 Henry the First provident he punish'd Ranulphus Bishop of Durham who had been the Minister of his Brother's Extortions and Profusions Resum'd what had been lightly given away by Duke Robert in Normandy ib. An Account of King Stephen He was brought to a Composition with Henry Fitz Empress in which Agreement one Article was That he should resume what Crown-Land he had alienated 108 Which Agreement Henry the Second took care to see put in Execution And he rid the Court of Foreigners calling several of his Officers to an Accompt 109 What an immense Treasure his provident Care had accumulated which was consum'd by Rich. 1st in the Holy Wars Rich. compell'd to resume his own Grants 110 The Money rais'd in England in Two Years of this Reign 112 An Account of King John 113 Henry the Third resumed what had been alienated by King John and at the Instance of the Barons he banished the Foreigners In this loose Reign the Money of England corrupted 114 In the Reign of Edward the First the whole Set of Judges punished and fined for their Corruptions 116 In the Reign of Edward the Second an Ordinance to prevent
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
as have made wise men at such a season not desire to hold the Helm and this has fatal Consequences for then the Ship is left to the Guidance of giddy and unskilful Pilots All this good Princes have ever observ'd and when either the greatness of their Minds or the Benignity of their Nature has led them to be too open handed they have retreated as soon as possible from so false and dangerous a step But lest they should be careless in a point so necessary to the Common welfare and so much for their own Preservation the Wisdom of the Laws has provided for their Safety in this matter which fence the Prince's Revenue with divers Constitutions and Restrictions all intended to preserve it from the Rapine of those about him in order to which the Politic of well near all Countries has contriv'd that his Gifts should pass and be register'd in several Offices to the end that either some faithful Minister should put him in mind or that he himself should have leisure to repent of Liberalities detrimental to the Publick Not only the Law of this Kingdom but of other Places and the Roman Laws provide that the Prince should not be deceiv'd in his Grants for he whose Thoughts are employed in the weighty Cares of Empire is not presum'd to inspect minuter things so carefully as Private Persons The Laws therefore relieve him against the Surprizes and Machinations of Deceitful Men. For his further Security the Laws likewise inflict severe Punishments upon those who defraud him in his Stores Treasure or Revenues counting such Publick Robbers more Criminal than petty and common Theives But the Laws seem chiefly levell'd against those in whom he reposes the greatest Trust therefore the Legislative Power of all Countrys has rigorously animadverted upon such Ministers and Officers through whose Fraud Negligence or Crime his affairs have suffered any damage of which in its proper Place we shall give variety of Presidents And when he has been exhausted by the too great Munificence of his own Temper and through the false Representations and subtle Contrivances of those about him and when thereby the Publick has become weak ruined and unable to protect it self he has been assisted by the Laws and such as have been vigilant for his safety jealous of his honour and careful for the common Good have thought it their Duty to look into his Gifts and to resume his Grants of which we shall give divers Instances and Examples But notwithstanding the Wisdom of the Laws and of Law-makers it has been always a Point of the highest difficulty to keep within its proper Veins this Lifc blood of the Body Politick so prone have corrupt Ministers ever been to urge Princes to needless and destructive Bounty especially when they themselves are to be the largest sharers in it Kings are the Fathers of their Country but unless they keep their own Estates they are such Fathers as the Sons maintain which is against the order of Nature who makes all these Cares descend and places Fostering Nourishment and Protection in the Parent but the Prince is our common Father and therefore all that tends to his Safety Ease and State is due to him however the less he is necessittaed to depend upon his Children the more he is respected And Kings are not to accompt themselves Fathers of a Party only or of none but those who rush into the Presence and whisper to 'em they are Fathers of the whole Body of the People They are not to reckon themselves Fathers of of their Favorites only as Harry the 3d of France did who said he Would grow a good husband when he had marryeâ— his Children the Dukes of Joyeuse and Espernon Their Paternal Affection is to reach to all their subjects And as in a private Family Partiality to one Brother begets Hatred and Divisions so in a Nation it produces Discontent and Heartburnings to see three or four without any superior Merit lifted high over all the rest inriched with the Universal Spoils of a Country and wallowing in Luxury and Wealth while the whole People groans under heavy Burthens Not that Mankind repine that the Prince should have Friends with whom he may communicate his Thoughts and unbend his Cares nor to see such Friends the better for his Favours 't is warranted by Examples in the best Reigns Mecaenas and Agrippa cherish'd inrich'd and promoted by Augustus were yet as dear to the rest of Rome as they were to that wise Emperor But they behold with Indignation Men exalted who return not to the Prince reciprocal kindness who abuse his Favours who sell his Words who by false Representations traduce all others that they may engross him to themselves who arrogate to themselves all the Good and lay upon him the blame of unfortunate Councils who have no regard to his Honor when their own Safety is in question whose Advices tend to their own private Profit without Consideration of their Master's or the Publick Welfare who draw all Lines to their own corrupted Center whose Ambition is not gratify'd with any Honors and whose Avarice is not satiated with multiplicity of Employments nor with repeated Gifts and Grants out of a stript Revenue and an exhausted Exchequer 'T is such a sort of Favourites and Ministers that the People hate and exclaim against and whose Heads they commonly reach at last Without any regard whither or no it be between Sun and Sun if the Prince is robb'd the Country pays it and therefore when the Hue and Cry hotly pursues the Robbers Governments are not to wonder 'T is true they now and then escape especially when in their Depredations upon the Publick there are a great many concern'd and when they have made so large a Booty that they become safe by the multitude of those who have been Partakers in it for it has been the constant Course of Ministers who would rob a Nation with Impunity to give to all that ask and to refuse no man who has either Interest or Parts that fortify'd by a strong Confederacy they may bear down all sort of Inquisition and outbrave the Laws but very often the wants of the people crying aloud have awaken'd good Patriots and bold Spirits whom neither the Power nor the Number of the Offenders could affright and these Lovers of our Constitution in many former Reigns as shall be shown in the progress of this Discourse have couragiously attack'd and brought to Condemnation persons in the highest places of Authority who in breach of their Trust had presum'd to procure to themselves Grants of the Kings Lands or Treasure and who had converted to their own use what was given and intended for the Maintenance and Preservation of the State Princes when they come to know the true state of things are not unwilling to prevent their own Ruin which is manifest from this That the most Wise Valiant and most Heroick of our Kings as shall likewise appear by and by have given
the way and the Fears of such as may be call'd to an accompt will make 'em set all kind of Engines at work First they will put a high Value upon their own Deserts and arrogate to themselves the Single Merit of the many Millions which the whole Nation has both freely paid and Granted They will produce Presidents of other Ages and show long Lists of Grants obtain'd under former Reigns but at the same time they will take care not to mention how such Proceedings have been always Resented and often Punish'd in this Kingdom They will endeavour to blast the Reputation of such as would enquire into their Actions and tho perhaps there are no other possible Ways and Means left to supply the State but by making 'em disgorge and but by bringing them to a Restitution yet they will pretend that all Motions leading thereunto and all Inquiries of this nature are nothing but the Effects of Discontent and the Result of Faction And because in all their Doings and Councils they have never had any view but their own private Profit they will do their best to perswade the World that no man acts upon Principle that all is sway'd by particular Malice and that there is not left in the Kingdom any Party of men which consult the Publick Good They who are conscious of their Guilt and apprehensive that the Justice of the Nation should take notice of their Thefts and Rapine will try to give all things a false Turn and to fill every place with false Suggestions Sometimes they will accuse Innocent Persons that so by putting the People upon a wrong Scent they may avoid the Pursuers and scape unpunish'd At other Seasons they will boast of the Number of their Friends and Adherents thinking to awe both the Court and Country with an Opinion that their Party is too Strong and too Powerful to be resisted And that the knowledge of their Crimes may never reach the Prince's Ear they will endeavour to engross him to themselves by misrepresenting all others that are not of their Cabal either as disaffected to his Person or as Enemies to Kingly Government Thus they did heretofore and tho there were truly but two Parties in England consisting of those who would promote male-administration because they got by it and of those who desir'd things might be well Govern d that they and such as they represented might be eas'd which two sides were heretofore distinguish'd by the Names of Court and Country Party to which likewise they could have put an end whenever they had pleased to have minister d less occasion of Complaint yet they will revive old Names of Distinction giving odious Appellations to the best Patriots pretending there are dangeroes Factions form'd so to frighten the World with Phantoms of their own Creation These false turns they will give and these wrong Suggestions they will make in order to drive all Power into what they call their own Party as if any Prince could be safe that should rely upon so narrow and Rotten a Bottom And when their Actions shall hereafter come to be examin'd in that Place to which our Constitution has intrusted the Inquiry into and the Punishment of such Offences 'T is probable That up will rise some Arrogant Man more Zealous for Himself than for his Master and cry All that we have given among one another we have deserved by our Seruices and Labours in the State what Projects have we not set afoot and what summs have we not procur'd Did not the Ministers in King Charle s's Reign give away the Crown Lands Recal those Grants and we are ready to surrender ours Resume all or none 'T is next to Demonstration that these Clamours arise from a Dis ontented Party who would disturb the Government they who lookinto our Proceedings act out of Malice because of the great thing we have done against France what if such a one got a hundred thousand pound at once did he not save the Nation If we are us'd thus what Encouragement will there he to serve Princes For my part I will never meddle more in your Business All this tends to lessen the Monarchy invade the Prerogative and to set up a Doge of Venice I Sir perhaps there may be added and the Majority are of this Opinion By this high Bearing and these false suggestions heretofore well meaning Persons have been frightned from reaching at great offenders and even the best Patriots by seeing with what warmth and Zeal the smallest Corruptions are defended have been wearyed into Silence And this has made some of our Kings believe that either the Offenders were grown above the Laws or that the People consented â—o those things which they did not think fit to punish But wise Princes see through all this They know that an honest and faithful Minister will be contented with moderate Favours That very often nothing but the ill Contrivance of the Aid belongs to those he employs and that the Gifts come from the free Affections of the Subject That Patterns to Rule by are to be sought for out of Good nor loose Reigns That Inspections which look too far backward produce nothing That a few may complain without reason but that there is occasion for Redress when the Cry is universal That no Military Action or other Merit can give a Man a just Title to Rob the Publick That even good Ministers are thought no more on when they are out and that certainly Bad ones may retire without being mist That absolute Power is not a Plant that will grow in this Soil and that Statesmen who have attempted to cultivate it here have pull'd on their own and their Masters Ruin A wise Prince likewise does not care to see Corrupt Officers so earnest to save one another for 't is always at his cost Nor does he like that his Ministers when attack'd should be able to protect themselves in their Crimes by the Power of a 〈◊〉 for they who are strong enough to bear down the Law may presume in time to think they subsist by their proper Strength and that they stand upon their own Legs and so come at last to slight his Authority Bad Men have ever given a false Colour to their Proceedings and cover'd their Ambition Corruption and Rapine with the pretence of their Masters Service They make him believe their Greatness advances him whereas truly it tends to his diminution and he is often weak for want of that Wealth and Power which they share among one another Their Riches has frequently brought Envy upon the Prince but we can hardly meet with an Instance of any who in his Distress has been assisted from the Purses of his Ministers for they are commonly the first who fly from his Misfortunes And tho they pretend that his Power is rever'd in them and that they make him Strong by the Benefits he lets them bestow yet a Wise King sees through all this Artifice and knows That he who would reap
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
and Confiscated to the King's use In this Colloquy the Barons told him That he was in Debt and Ruin'd by the Strangers about him who had Consum'd all so that he was forc'd to give Tallies for the Victuals of his Table * Knyghton Col. 2445. N o 10. Domine Rex inter manus Alienigenarum res utique tua male agitur diversimode tractatur nam consumptis universis multo jam deprimeris eâ— alieno datis pro cibariis tuis Talleiâ— versus es in scandalum in omni populo tuo The Consequence of this Profusion was grievous Taxes the Taxes produc'd Discontents these Discontents encourag'â— Simon Montford and others to begin thâ— Civil War in which this King had beeâ— lost but for the Courage and Conduct 〈◊〉 his Son In the Reign of Edward the I. we 〈◊〉 not find there was any Resumption bâ— Annn Dom. 1289. the Legislative Authority did very wisely interpose in Correâ—ing the Abuses of Westminster-Hall * Vide Dan. p. 160 Mat. West p. 414. N o 10 and Knyghton Col. 2466. Finâ—ing all the Judges for their Corruptioâ— and Extortions Sir Ralph Hengham wâ— had been Chief Justice of the highâ— Bench and Commissioner for the Gâ—vernment of the Kingdom in the King Absence paid Seven thousand Marcs 〈◊〉 Edward Stratton paid Thirty four thousand Marcs Thomas Wayland found the greatest Delinquent Forfeited all his Estate The whole Set paid among 'em 〈◊〉 Hundred thousand Marcs which for those Days was a prodigious Summ. The next Reign of Edward the IId gives the prospect of Civil Wars Treachery Bloodshed and a view of all the Calamities that are the Consequences of â— Riotous and Profuse Court The unbounded Favour of this Prince o his Minion Pierce Gaveston made Earl of Cornwal and the Waste which the said Earl had made in the Crown-Revenue so provok'd the Peers that they never restd till they had obtain'd an Instrument mpowering several Ecclesiastical and â—ay Lords to make certain Ordinances â—or the good of the Kingdom which nstrument and Ordinances made by Virue of it were afterwards ratify'd in Parament Among other things it was then order'd That the Crown-Revenue should â—ot be Alienated Derecheif ordein est Rot. Ord. 5 Edw. II. N o. 3. pur les dettes le Roy acquitter son estate relever le plus honourablement mainteiner qe nul don de Terre ne de Rent ne de Franchise ne d' Eschete ne de Gard ne Marriage ne Baillie se face a nul des ditz Ordenours durant leur poer del dit ordeinment ne a uul autre sauns Conseil assent des ditz Ordenours ou de la greinder partie de eux au six de eux au moins mes totes les choses desquex profits poit surdre soient enpruees al profit le Roy jusques son estat soit avenantment releve c. There is this Remarkable in the Record That they bound up themselves as well as others from receiving any part of the King's Lands as we may suppose not thinking it fair for them who had the Power to keep the Purse shut to others and to open it for themselves They took likewise Care of a Resumption * Ibed N o 7. Et puis derecheife pur se qe lâ— Corone est tant abeissee demembree pâ— diverses donns nous Ordinons qe toâ— les donns qe sont donez au damage dâ— Roy descresse de la Corone puis 〈◊〉 Commission a nous fait des Chasteam Villes Terres Tenements Bayleâ— Gardez Marriages Eschetes Relâ— queconques queles soint aussibien 〈◊〉 Gascoin Irland Gales Escoce coâ— me en Engleterre soint repelleez noâ— les repellons de tout sanz estre redonnâ— a meismes ceux sanz comun assent 〈◊〉 Parlement Et que si tieu maner des dom ou Reles soint Desormes donez encâ—â—tre la form avantdit sanz assent de soâ— Barnage ce en Parlement tant qe 〈◊〉 dettes soint acquittees son estatâ— avenantment releves soint tenus poâ— nuls soit le pernour puny en Parlement par Agard del Barnage 'T is true these Ordinances were revok'd in the * Great Statute Roll from H. III. to 21 Ed. III M. 31. Bibli Cott. Claud. Parliament which this King held at York the 15th of his Reign just after he had Defeated and put to Death Thomas Earl of Lancaster with many other of the Barons But his Rigid Proceeding with those who had Fought in Defence of their Countries Freedom and his immoderate Favour and Bounty to the Spencers Earls of Whinchester and Gloster with all his other Mis-government lost him both his Crown and Life in a short time after 'T is to be presum'd That what the Parliament had done in Edward II. Reign to hinder the Favourites from making Depredations upon the Crown-Revenue had effectually stopp'd the Evil because we do not find there was any need of an Act of Resumption in Edward the III's Time There is no part of our History more remarkable than the Life of Richard II. Grandson of Edward III. And no Times afford so many Presidents of Liberty asserted and of the Excesses of Regal Power with the Corruption of bad Ministers as this unfortunate Reign But Misgovernment will of Necessity bring on good Laws in the End The lavish Temper of this Prince his unreasonable Favour to the Duke of Ireland to Michal de la Pool Earl Suffolk his Chancellor and others with his loose and careless Administration produc'd the Parliaments of 10th 11th and 13th Richard II. by which his Power was circumscribd and bounded 'T is true 21 Richard II. he procur'd a Repeal of what had been formerly settled by Parliament for the Welfare of the Kingdom in which Sessions he got Iniquity establish'd by a Law but the Conclusion of all this Misgoverment was that he incurr'd so much the Publick hatred as to be deserted by the whole People and in a solemn manner to be depos'd The Excesses of the Court and Rapine of the Ministers in those days and towards the latter end of Edward III. produc'd Acts of Resumption The Commons pray that all kind of Gifts whatsoever made by King Edward III. may be examin'd if worthily bestow'd to be Confirm'd if otherwise to be Revok'd * Rot. Parl. 1 Ri. II. N o. 48. Item ils Prient pur ceo que la Corone est moult abaisse demembre par divers donns donez en temps de notre Seigneur que Dieux assoille queux donns il estoit malement deceux en plusieurs Personnes malement emploeis come home le poet declarer a grand damage de lui de notre Seigneur le Roi q'ore est si bien des Chasteaux Villes Terres Tenements Baillez Gardes Marriages Eschetes Releves aussi bien en Gascoigne Irlande come en Engleterre qe plese a notre Seigneur le Roy son Conseil faire examiner par les Rolles
murmour ageyn the Kyngs Person for the misgoverning of his Realm The first Regular Resumption having been made in the Reign of Henry the Sixth it seems by this Paper which contains the Scheme of a Resumption that the Act for resuming Grants c. pass'd 28 Hen. 6. was modell'd by this able Lawyer who was made Lord Chief Justice of the Common-Pleas 20 Hen. 6. and who we find to have been Chief Justice of the King 's Bench the * Rot. Parl. 28 Hen. 6. 28th Year of the same Reign At the End of the Manuscript out of which this was transcribed is this Note Explicit Liber compilatus factus per Johannem Fortescue Militem quondam capitalem Justitiarium Angliae hic Scriptus Manu propria mei Adriani Fortescue Militis 1532. Our Ancestors did not only take Care to help the Princes Affairs by Acts of Resumption but they likewise reliev'd him when he had been over-reach'd or deceiv'd in Releases or what we now call Privy Seals having an Eye that such as were Debtors or Accomptants to the King should not be discharg'd without making a fair and just Accompt whereof we shall produce a President with which we shall close this Section Rot. Claus 8 Edw. 2. M. 11. Rex Thesaurario Baronibus suis de scacâ—ario Salutem Cum Praelati Comitos Barones ad ordinandum de Statu Hospitii Regni nostri nuper virtute Commissionis nostrae inde factae Elerti inter caeter as ordinationes per ipsos factas per nos approbatas Ordinaverint quod 〈◊〉 Donationes per nos factae ad Damnum nostrum detrimentum Coronae nostrae de terris Tenementis redditibus Custodiis Maritagiis ac etiam pardonationes remissiones debitorum post 16. Diem Martii An. Regni nostri Tertio quibuscunque personis revocentur quod terrae tenementa redditus Custodiae maritagia praedicta in Manum nostrum resumantur quod debita illa non obstantibus pardonitionibus remissionibus praedictis leventur ad opus nostrum Vobis mandamus quod scrutatis Rotulis Memorandis dicti Scaccarii de hujusmodi Donationibus Concessionibus pardonationibus post praedictum 16. Diem Martii In dicto Scaccario factis inspecta quadam Schedula quam vobis super hoc mittimus sub pede sigilli nostri omnia debita in praedictis rotulis memorandis Schedula contenta per vos post praedictum 16. Diem Martii pardonata remissa levari faciatis ad opus nostrum non obstantibus pardonationibus remissionibus praedictis aut allocationibus ad dictum Scaccarium inde factis dâ— Exitibus de terris Tenementis Custodiiâ— Maritagiis praedictis provenientibus nobis ad dictum Scaccarium faciatis responderi Testa Rege apud Westm 15 Die Martii SECT IV. That several Ministers of State have been Impeach'd in Parliament for presuming to procure to Themselves Grants of the Crown-Revenue IN the foregoing Section we have taken Notice how careful the Commons of England have all along been to assist by Acts of Resumption such of their Kings as had been injur'd by immoderate Bounty We shall now go on to show how Parliaments have proceeded with the Instruments of their Profusion and in what manner they have handled such Ministers of State as have either wink'd at or promoted the Depredations that were made upon their Master's Revenue and especially with those who â—n Breach of their Trust have ventur'd â—o enrich themselves with Spoils so little warranted by the Constitution of this Kingdom The Records we have already cited sufficiently demonstrate that it was ever the Opinion and Sense of the People that the King should live upon his own and that the Nation should not be burthen'd with unnecessary Taxes and Impositions It appears likewise from the foresaid Records that when the Crown has been impoverished by Gifts and Grants new and extraordinary Courses of Raising Mony have become unavoidable It cannot be denied but that our Kingâ— have very anciently prescrib'd a Poweâ— of Alienating the Publick Revenues buâ— it may admit of a Question whether thâ— was not more de Facto than de Jure anâ— 't is not quite so clear that from the beginning it was so on the contrary it â—ther seems one of those Incroachmeâ— which Flattery and Compliance haâ— supported For it would not be difficult to maâ— appear that in all these Gothick Goverâ—ments founded upon the Principles 〈◊〉 Liberty the Publick Revenues weâ— esteem'd to belong as well to the Kinâ—dom as to the King * De Repub l. 6. Bodinus says was held as a Maxim in France Thâ— the Propriety of the Crown-Lands was not in the Prince That 't was esteem'd as a Fundamental in France Spain Poland and Hungary that the Crown-Lands were not alienable Which Opinion has been confirm'd by Decrees of the Parliament of Paris King Charles the V. and VII would not have the Crown-Lands engag'd but by Consent of Parliament * Vie de Charlemagne Mezeray says Le Domaine des Roys â—eluy de l'Eglise etoient inalienables And that tho' their Kings were now and then constrain'd to make Grants C'estoit a vie seulement a titre de Gratification C'est pourquoy ils les nommoient des Benefices mot qui n'est demeuré que dans l'Egâ—ise †Lib. 6 Bodinus says all Monarchies and States have held it for a general and undoubted Law That the Crown-Lands should be holy sacred and inaâ—ienable and that the Maxim is groundâ—d upon this wholesome Policy That â—e Wants of the Prince might not â—ompel him either to overcharge his â—hole People with Impositions or to â—ek for Wealth by confiscating the * Ibids Lewis XII â—who was term'd the Father of his Country would not mix his Revenues â—nd Patrimony with what belong'd to â—he Publick erecting separate Offices to that purpose Sir * Cot. Post p. 179. Robert Cotton an Author of great Weight in all these Matters says as we have noted before that in England our Ancestors held it impious to alienate the ancient Demeasâ—e Lands of the Crown We have taken Notice in the second Section of the difference the Roman Emperors made between the Fiscus and the Aerarium the first of which was the private Patrimony and in the other the People had a Right Of this very Thing there are Footsteâ—â— in England That is there was anciently a Difference made between the Scaccarium and the Hannaperium and * Spel. Glos p. 278. Spelman seems to liken the Scaccarium or Treasury to the Aerarium and thâ— Hannaperium or Hamper to the Fiscus Principis †p. 331. Hannaperium Fiscus 〈◊〉 sporta grandior in Cancellaria Regis 〈◊〉 inferuntur Pecuniae é Sigillatione diploâ—matum Brevium Chartarum Regiarâ— c. provenientes For this Branch of thâ— Revenue as we are inform'd the Chaâ—cellor in old times did not accompt iâ— the Exchequer
Grants shall be brought to the Principal Secretary or to one of the King's Clerks of his Grace's Signet for the time being to be at the said Office of the Signet pass'd accordingly And be it also ordained and enacted That one of the Clerks of the said Signet to whom any of the said Writings signed with the King 's most gracious Hand or the Hand of any other aforesaid or any of them fortune to be deliver'd may and shall by Warrant of the same Bills and every of them within the space of eight days next after he shall have receiv'd the same unless he have Knowledge by the said Secretary or otherwise of the King's Pleasure to the contrary make or cause to be made in the King's Name Letters of Warrant subscrib'd with the Hand of the same Clerk and sealed with the King's Signet to the Lord Keeper of the King 's Privy Seal for further Process to be had in that behalf And that one of the King's Clerks of the said Privy Seal upon due Examination had by the said Lord Keeper of the said Privy Seal of the said Warrant to him addressed from the Office of the said Signet as afore may and shall within the space of eight days next after he shall have receiv'd the same unless the Lord Keeper of the Privy Seal do give them Commandment to the contrary make or cause to be made by Warrant of the foresaid Warrant to the said Lord Keeper of the Privy Seal Address from the Office of the Signet aforesaid other Letters of like Warranty subscribed with the Name of the same Clerk of the Privy Seal to the Lord Chancellor of England Lord Keeper of the Great Seal Chancellor of the Dutchy of Lancaster Chancellor of the King's Land of Ireland Treasurer and Chamberlains of the Exchequer and Chamberlains of any of his Counties Palatines or Principality of Wales or other Officer and to every of them for the writing and ensealing with such Seals as remain in their Custody of Letters Patent or Closed or other Process making due and requisite to be had or made upon any the said Grants according to the Tenor of the Warrant to them or any of them directed from the Officer of the Privy Seal as is afore specified These Cautions show how carefully our Constitution has provided that nothing shall be done which may turn in Despendium Regis aut Regni But here some flattering Lawyers will affirm That these Methods are Directive not Coerceive Or as Hobart says †Hobart's Reports Colt and Glover P. 146. That these kind of Statutes were made to put Things in ordinary Form and to ease the Sovereign of of Labour but not to deprive him of Power according to this Maxim of the same Judge That * Lord Sheffeild ver Ratcliffe p. 335. Dare Prerogativam est nobile Officium Judicis Debitum And truly heretofore Westminster-hall did so order it that these Fences intended to keep the Publick Revenues from the Hands of Spoilers were all broken down and that all these Statutes were evaded For the Force of all these wholsome Laws was enervated by Clauses afterwards incerted into the Letters Patents viz. Ex certa Scienta mero motu Gratia speciali Ex certa Scientia was very antiently made use of but the words became more necessary afterwards to defeat the 1st of Henry IV. where 't is enacted †Rot. Parl. 1 Hen. 4. Num. 98. That the true and express Value of the thing to be granted shall be incerted in the Letters Patents otherwise the Grant to be void So that these words suppose the King to have certain knowledge in every Circumstance of the thing he is to give away which happens very rarely to be the Case But notwithstanding these words if certain Proof can be made that the King was misinform'd by false Suggestion no Lawyer will say the Grant is good Ex mero motu imports the Honor and Bounty of the King who Rewards the Patentee for Merit without his Suit These words suppose the King to be truly appris'd of the Person 's Merit and were brought in to obviate the 4th of Henry IV. whereby it was enacted * Rot. Parl. 4 Hen. 4. That no Lands should be given but to such as deserv'd them and if any made Demands without Desert that he should be punish'd And to the same purpose were added the words Ex Gratia speciali yet more to denote that the Gift proceeded meerly from the King's Favour and not at the Party's Sollicitation But besides all this because anciently it seem'd a Fundamental that the Crown-Lands were not alienable and because all along Parliaments had complain'd of these Alienations as looking upon 'em to be illegal the Lawyers of old Times endeavour'd to secure and cover all by a Clause of Non Obstante to be incerted in the Patents These Clauses of Non Obstante were not known in our original Constitution Mathew Paris says they grew rife in the Reign of Henry III. Anno Dom. 1250. * Mat. Paris p. 810. Sprsimque jam tales Literae in quibus inserta est haec detestabilis adjectio Non Obstante Priore Mandato vel haec Non Obstante Antiqua Libertate Suscitabantur Then he goes on Quod cum comperisset quidam vir discretus tunc Justitiarius scilicet Rogerus de Thurkeby ab alto ducens suspiria de praedictae adjectionis appositione dixit Heu heu hos ut quid dies expectavimus Ecce jam civilis Curia exemplo ecclesiasticae Coinquinatur a Sulphureo fonte intoxicatur But this Clause grew more necessary after the 11th of Henry IV. when it was plainly and directly enacted * Rot Parl. 11 Hen. 4. Num. 23. That all manner of Heriditaments which from thenceforward should fall into the Crown should not be alienated but remain to the King And this last Law being positive unrepeal'd as we know of and still in force as much as Magna Charta and the Doctrin of Non Obstantes seeming to be condemn'd by The Ast declaring the Rights and Liberties of the Subject in these Words That the pretended Power of Suspending of Laws or the Execution of Laws by Regal Authority without Consent of Parliament is Illegal That the pretended Power of dispensing with Laws or the Execution of Laws by Regal Authority as it hath been assum'd and exercis'd of late is Illegal There will arise a Question how far the Grants made since the passing this Act 1 Gul. Mar. are valid by the Laws as they stand at present For we may argue thus It was enacted 11 Hen. IV. That the Crown-Lands should not be granted away However the Practice was otherwise and the Grants were supported by Clauses of Non Obstante But these Non Obstantes or the dispensing with Laws in force being declar'd Illegal it should follow that the Grants of Crown-Land made for these last ten Years are void in Law and revokable at the King's Will and Pleasure
per se non adquesierit sed civium suorum sanguine laboribus periculis non alienum videtur regulam juris Civilis sequi ut quod communibus multorum laboribus quaesitum est non nisi communi eorum Consilio consensu alienari possit The Romans were so strict in this Point that to intercept any Spoils gotten in War was accounted robbing the Publick Modestinus the Lawyer says Is qui Praedam ab Hostibus surripuit Peculatus Lex penult digest ad leg Jul. Peculat tenetur Gellius takes notice that Cato in an Oration he spoke concerning Spoils complain'd in vehement Words Gellius Lib. 11. Cap. 13. That poor Thieves were manacled in Fetters but that the Publick Robbers shin'd in Gold and rich Attire Fures Privatorum Furtorum in nervo atque compedibus aetatem agunt Fures Publici in Auro atque Purpura Indeed if a Prince makes the War at his own single Charge Lib. 1. Cap. 3. Num. 11. as Grotius observes in another Place Fieri potuit ut Rex ex sua privata substantia Exercitum aluerit In such a Case he alone will have a Right to the Conquer'd Country And this is so true that if William the Norman had been able by his own Strength and at his particular Expences to have made the Conquest of England according to the Law of Nations he must have had this Kingdom in Patrimonio with as absolute Dominion in it as the Eastern Princes can pretend to But the Case being quite otherwise and he not able to bear the whole Charge he took to his assistance several Barons of his own Dukedom and some great Men of other Countries who were joined with him in the Adventure to whom as the Recompence of their Service he first promis'd and afterwards made sundry Concessions and granted many Priviledges But still with all this assistance he could not quite subdue the Natives with whom he was compell'd to make Compacts from which Concessions and Compacts it comes that we continue still to be a free People notwithstanding this pretended Conquest In the same manner if Henry the 2d had Conquer'd Ireland with only the Revenues of the Crown without any Aids from his People that Kingdom had been his own Plenâ— Jure as the Civilians call it and he might have disposed of it at his own Will and Pleasure For as Aristotle says Lex est veluti pactum quoddam commune quo Bello capta capientium â—iunt Nor is it a thing at all strange for a Prince to hold different Kingdoms by different Titles and to Govern 'em by different Methods in one he may be absolute according to the Antient Constitution of the Country in another his Power may be circumscribed and limited by Law One Kingdom he may hold by Election and another by the Right of Succession He may have a Kingdom of his own Acquisition which shall be as it were his * De Jure inter Gentes P. 1. Sect. 3. R. Z. own private Patrimony A Principibus aliquando Regna vel Territoria pleno Jure habentur ita Strabo tradit Cytheram Insulam Toenaro objacentem fuisse Euriclis Lacedaemoniorum Principis privato ipsius Jure And the same Right would Henry the 2d have had in Ireland if he had made the Acquisition by his own Sword and Bow and by Troops paid out of his own Purse but because the Kingdom was conquer'd at the general Expence of England the Commonwealth here has always took it self to have an Interest to bind that Kingdom by Laws to inquire into the Administration of it as Parliaments have several times done and to extend the Acts of Resumption as well to Ireland as to England constantly believing that Island to have been an Acquisition to the Crown not of any King 's own Making but purchas'd with the Labour and Blood and at the common Expence of this Nation which in several Expeditions and Wars to quiet 52 Rebellions has expended five times more Treasure than the Fee Simple of all Ireland is worth The Writer of these Papers is not at all afraid or asham'd to offer at Accompts tho' a certain Person did please to say but without any Proof then or afterwards that in one Computation we were mistaken twenty Millions An Account of the Expences for the Reduction of Ireland  ll s. d. ISsu'd from the Exchequer and wholly apply'd to the Irish Service to Jan. 25. 1694 5. 3,388,672 5 3¼ Arrears due to the Irish Army to March 31 1692 about 190,000 00 0 To the Irish Transports about 350,000 00 0 For the Service of the Ordinance on Account of the Train that attended the Irish Army computed at about 80,000 ll per Ann. for two Years and a half 200,000 00 0 Carry over 4,128,672 05 3  ll s. d. Brought over 4,128,672 05 3 Besides which there was received by us of the Irish Revenue 177,020 15 5 By Poundage and Days Pay and Profits by Guinea's about 70,000 00 0 By Quarters in Ireland about 140,000 00 0 So that the Reduction of the Irish stood both Nations in about 4,515,693 00 8¾ The Peoples Right to the Forfeited Estates in Ireland to dispose of 'em in Parliament either for the Service of the current Year instead of a Land-Tax or to make 'em a Fond towards paying off the Deficiencies is grounded upon this Sum of Four Millions which has been levyed in England and expended upon that War Where the Honour of the Prince and the Honour or Interest of the Nation are concern'd against a Foreign Enemy most certainly we are to give necessary Aids and Subsidies without prospect of reaping any other Fruit from our Expences than Fame and Safety but when England has to do with its own Subjects and that they can be brought to pay part of the Reckoning it would be very hard if all this should be intercepted from the Publick and that we should waste our Blood and Treasure only to enrich a few private Persons From the time of Henry the 2d Ireland has almost constantly been made to contribute something towards its Conquest or Reduction In the very beginning Vide Dr. Hâ—mmer Fol. 136. viz. Anno 1170 part of its Lands were given to the Adventurers Robert Fitz Stephen and Maurice Fitz Gerald David Barry Hervy de Monte Marisco William Nott Maurice de Prendregast Meyler Richard Strongbowe Earl of Chepstow and others And Anno 1172. another Adventure was set a-foot and a new Partition of Lands was made and King Hen. 2d stands himself in the Front of the Adventurers with Hugo de Lacy William Fitz Adelm Humphrey de Bohun Sylvester Giraldus Cambrensis who was Tutor to the young King Vide Rogerus Hovidon John and others In the distribution of these Lands the Service of so many Knights was reserv'd to the King in the Grant of each Estate Hugo de Lacy Lord Lieutenant sold several Estates there which Sales Philip of Worcester his Successor revoked Nec
But 't is left to the Gentlemen of the Long Robe to determin in this Point However tho' this Doctrin of Non Obstantes invented perhaps first to enlarge the Prerogative for the People's benefit and made use of afterwards to extend it to the King and People's Damage may have heretofore receiv'd Countenance in Westrninster-hall there is another Place where in no Age it has met with Favour And the Reasons why so many Resumptions have been made might be First That it gave Offence to the Legislative Authority to see the Ministers make use of this dispensing Power Secondly That it appear'd the Suggestions were wrong upon which the Grants were grounded That is that the Soveraign did not proceed Ex certa Scientia namely that he was surpris'd and misinform'd in the value of the Thing given That he did not proceed Ex mero motu but that the Gift was wrested from him by his importunate and undeserving Courtiers That he did not proceed Ex Speciali Gratia but was rather induc'd to bestow the Favour through the necessity of his Affairs to quiet some great Man or to please some powerful Party And in all probability upon such or the like Accompts Parliaments have look'd into Grants and the best Princes have not thought it dishonorable to join in Revoking what had been thus Extorted from them And as to the distinction which the Lawyers make between Directive and Coercive Admit the Forms by which the Law has directed all Grants shall pass should be only Directive to the Soveraign and devised for his greater Ease and Safety yet without doubt they are Coercive to his Ministers No Law-givers ever intended that a solemn Law made upon mature Deliberation and prescribing a Rule in high Affairs of State should have no effect at all But the 27 Hen. VIII which Chalks out to the Secretary Lord Privy Seal and Lord Chancellor the regular Steps they are to make in passing Grants would be of no sort of signification if they may pass per Saltum and by immediate Warrant without being enter'd in the several Offices When Parliaments advise the Prince 't is humbly submitted to his Wisdom whether or no he thinks fit to approve of their Councils But when by a written Law they give Advice and lay down Rules and Directions in Matters of State for the Ministers to walk by and observe without doubt they intend Advice so solemnly given should be follow'd Hitherto we have mention'd the Cautions Provisions Restrictions and Forms which our Ancestors establish'd and made use of to preserve the King's Revenue by which the Publick was to be supported But notwithstanding all this the Wickedness of Men was either too Cunning or too Powerful for the Wisdom of the Laws in being And from time to time Great Men Ministers Minions and Favourites have broken down the Fences contriv'd and settled in our Constitution they have made a Prey of the Common-wealth plum'd the Prince and converted to their own Use what was intended for the Service and Preservation of the State We shall therefore proceed to show That to obviate this Mischief the Legislative Authority has all along interpos'd with Inquiries Accusations and Impeachments till at last such dangerous Heads were reach'd For as Courts have been watchful to Rob the Prince so antiently the Barons and afterwards Parliaments from time to time have been as vigilant to prevent his Ruin showing in the progress of their Councils great Wisdom mixt with Duty and Temper join'd with Courage The first Great Person whom we find question'd since the Norman Government was Ranulphus Bishop of Durham who bore the Office of what we now call * Dugdale Series Chronica p. 1. Lord Treasurer of England in the time of William Rufus This Man had been the Principal Instrument of the Profusion and of what is its Consequence those Extortions that disgrac'd the Reign of Rufus Of whose times William of Malmsbury speaking says None were then Rich but such as dealt with the Exchequer * Will. Malms p. 123. Nullus Dives uisi Nummularius This wicked Minister was brought to Punishment by Henry I. who cast him into Prison and loaded him with Chains Matthew Paris says †Mat. Paris p. 56. De Communi Consilio Gentis Anglorum posuit eum Rex in vinculis Malmsbury gives him this Character * Wil. Malms p. 123. Radulphus Clericus ex infimo genere hominum Lingua Assiduitate provectus ad summum Expilator Divitum Exterminator Pauperum Confiscator alienarum Hereditatum Invictus Caussidicus cum verbis tum rebus immodicus nec aliorum curaret odium dummodo complaceret Dominum It seems he was a little insolent Fellow who by his fluent Tongue and cringing at Court had got Power enough to do much hurt in England A mischievous Tool against the Publick as well as an Oppressor of private Men Subtle to invent Wickedness and Bold to put it in Execution and one who would stick at nothing to raise himself Matthew Paris speaking of him says he was †Mat. Paris p. 56. Homo perversus ad omne Scelus paratus quem Rex constituerat Procuratorem suum in Regno ut evelleret destraeret raperet disperderet omnia omnium bona ad Fifci Commodum comportaret We have thus painted out this Statesman in the Colours as he is represented by those two Venerable Writers And he so much resembles several bad Ministers who in the Ages since have succeeded both to his Post and Power that one would think they had chosen to take him for their Pattern In the 5 of Edward II. Pieres de Gaveston was accused in Parliament for having given the King ill Council and for having cheated the King of his Treasure and sent it beyond Sea and for having Estranged the King's Heart from his People so as he slighted their Councils and for having remov'd all faithful Ministers and plac'd only his own Creatures or Foreigners about the King and for having caus'd the King to grant Lands Tenements and Offices to himself and his Heirs and to divers other People insomuch that by his Wealth he was become dangerous to the great damage and injury of the King and his Crown For which he was Banish'd the Realm so as if he return'd he should be treated as an Enemy to the King Kingdom and People But take the Words of the Record because 't is very curious Rot. Ord. 5. Edw. 2. Num. 20. Purceo qe conue chose est per le examinement de Prelatz Countes Barouns Chivalers autres bones Gentz du Roialme trovez qe Pieres de Gaveston ad Malmeuez mal Conseillez nostre Seignour le Roy lad enticee a malfaire en divers Manieres deceivances en accoillant a lui toute le Tresor le Roi lad esloigne hors du Roialme en attreant a lui royal Poer royal Dignite come en aliaunce faire de Gentz par sermentz