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
for ever It pass'd in the Negative by 39 Voices Resolved That a Committee be appointed to consider of the Articles against the Earl of Arlington and to report what Matter is therein contained and can be prov'd that is fit for an Impeachment Committed to Mr. Crouch c. Memorandum The Committee never made their Report for the 24th of March the Parliament was Prorogued to the 10th of November 1674 and so the Matter fell Journal of the House of Commons Lunae 26 die Apr. 1675. A Charge or Impeachment against Thomas Earl of Danby Lord High-Treasurer of England containing several Offences Crimes and Misdemeanors of a very high Nature being presented and opened to the House and afterwards brought in and delivered at the Clerk's Table and read Art 6. That the said Earl hath procured great Gifts and Grants from the Crown whilst under great Debts by Warrants counter-signed by himself The 2d Article of the Impeachment being read and the Matter thereof debated Resolved That before the House do proceed farther in the Debate of this Article they will hear the Witnesses The Witnesses were heard then the House Adjourn'd Lunae 3 die Maii 1675. The House then proceeded in the farther Consideration of the Articles against the Lord-Treasurer And 3d. 4th 5th 6th and 7th Articles being read and the Question being severally put Whether any fit Matter doth appear in the Examination of those Articles to impeach the Lord-Treasurer It pass'd in the Negative Journal of the House of Commons Sabbati 21 die Decemb. 1678. Articles of Impeachment of High Treason and other High Crimes Misdemeanors and Offences against Thomas Earl of Danby Lord High-Treasurer of England were delivered from the Committee Art 5. That he hath wasted the King's Treasure by issuing out of His Majesty's Exchequer and several Branches of his Revenue divers great Summs of Money for unnecessary Pensions and secret Services to the Value of 231602 l. within Two Years And thus he hath wholly diverted out of the known Method and Government of the Exchequer one whole Branch of His Majesty's Revenue to private Uses without any Account to be made thereof in the Exchequer contrary to the express Act of Parliament which granted the same And he hath removed two of His Majesty's Commissioners of that part of the Revenue for refusing to consent to such his unwarrantable Actings and to advance Money upon that part of the Revenue for private Uses Art 6. That he hath by indirect Means procur'd from His Majesty for himself divers Considerable Gifts and Grants of Inheritance of the Ancient Revenue of the Crown even contrary to Acts of Parliament Ordered That the Articlee of Impeachment against the Lord High-Treesurer be Engrossed and that Sir Henry Capel do carry them up to the Lords on Monday Morning next We have cited these two presidents relating to the Earl of Danby to shew when the old Whigs were in the supermest Perfection of their Virtue and Publick Zeal That they then thought it a High Crime and Misdemeanor For a Minister to Picture to himself Giants out of the King's Revenue By the Authorities and Presidents we have quoted it appears manifestly that our Ancestors have from the first Institution of this Government very highly resented such Proceedings But here it may be asked how a Statesman is to behave himself when the Prince is inclin'd to Liberality and overborn with Importunities to give away what should subsist Him and the State To which we answer That the Lord Chancellor's Oath plainly directs the Minister in his Duty Ye shall neither know nor suffer the King 's Hurt nor his Disheriting nor that the Rights of the Crown be distressed by any Means as far forth as ye may let it And if ye may not let it ye shall make Knowledge thereof clearly and expresly to the King with your True Advice and Council By which Words without doubt the Law must mean and the Chancellor's Oath is part of our Law and Constitution That this high Officer is to oppose with all his Power and Intrest what he sees tending to the King and Kingdom 's Prejudice and if he finds a great Number of Grants passing the Law intends by binding him with such an Oath That he should from time to time represent to the King his Debts the Taxes and Necessities of the Nation But suppose that notwithstanding this Representation the Prince will have the Grant to proceed how is the Minister to act in such a Case Without doubt he is then to consider this Maxim of our Law That the King can do no hurt and that the Minister only is accountable for any Male-Administration He is to contemplate what high Officers in the State have been impeached upon the like Account and without all Controversie he is rather to leave the Court and quit his Employment than to do a thing which cannot be justified by the Laws and Constitution of this Kingdom * Daniel P. 134. Simon Normannus Keeper of the Great Seal under Henry III. and Jeffery his Brother both Knights-Templars and Men in great Powrr suffer'd themselves to be turn'd out of their Employment rather than to pass a Grant from the King of Four Pence upon every Sack of Wool to Thomas Earl of Flanders the King's Uncle P. 519. †Matthew Parris speaking of these two Brothers being put from Court says Seminarium Causa praecipua fuit hujus Irae Regiae quod idem Simon noluit consignare quoddam detestabile Scriptum contra Coronam Domini Regis confectum Cujus Tenor talis fuit ut Comes Flandriae Thomas perciperet de quolibet sacco Lanae delatae ab Anglia per partes suas Telonium Scilicet de quolibet sacco quatuor denariorum Nec Galfridus Templarius huic enormi facto consensit licet Rex ad hoc avide nimis anhelaverit 'T is true Men are very unwilling to quit Great Employments attended with much Wealth and High Honours and the common Excuse of such as comply more than they ought is That others will be readily found to do the same thing So that they shall prejudice themselves without any Advantage to the Publick Nay they often pretend to remain at Court only to prevent greater and farther Mischiefs Suppose then this to be Case and that the Tide runs so strongly one way that no single Minister in his Station is able to stem it and that the Prince will divest himself of his Revenues notwithstanding he is otherwise advis'd what does the Constitution of this Kingdom require from a Lord Chancellor a Lord Treasurer Lord Privy-Seal and the Secretary of State when such Measures are taken What Proofs will clear them before the whole World that they are no ways consenting to such Proceedings and that things are carried by an irresistible Strength against that Council they would be thought to give Without doubt they stand justified before a Parliament and in the Opinions of the People if they give manifest Evidence that their
it being look'd upon 〈◊〉 the Princes private Patrimony or 〈◊〉 his Privy Purse and so to be dispos'd 〈◊〉 without any Accompt It was formeâ— a Clause in most Grants Sine aliâ—â— Fine vel Feodo magno vel parvo nobis solvendo in Hannaperio Which Fine went to the King 's private Purse Heretofore when much Land was in the Crown the Hamper yielded so considerable a Sum as that it was thought fit to be included in all the Acts of Resumption for large Pensions being begg'd out of it the Parliament judg'd it their Duty to take care as well of what was reckon'd the Princes Peculium or private Patrimony as of what belong'd jointly to him and the Publick which was done in other Instances as where they resumed Annis 3 4 7 13 Edw. 4. his Family Inheritance of the Dutchy of York and Earldom of March. But this difference with many other good Forms of our old Government is said aside * Spel. Glos p. 278. Nulla pené jam nobiscum habita Pecuniae Publicae privatae distinctione cùm sit utráque in solius Princiâ—is Arbitrio And from the time of William Rufus our Kings have thought they might alienate and dispose of the Crown-Lands at Will and Pleasure and â—n all Ages not only Charters of Liberties and Franchises have been given but likewise Letters Patents for Lands and Mannors have actually pass'd in every Reign Nor would it have been convenient that the Princes Hands should have been absolutely bound up by any Law or that what had once got into the Crown should have been for ever separated from private Possession For then by Forfeitures and Attaintures he must have become Lord of the whole Soil in a long Course of Time The Constitution therefore seems to have left him free in this Matter but upon this tacit Trust as he has all his other Power that he shall do nothing which may tend to the Destruction of his Subjects However tho' he be thus trusted 't is only as Head of the Common-wealth and the People of England have in no Age been wanting to put in their Claim to that in which they conceiv'd themselves to have a remaining Interest which Claims are the Acts of Resumption that from time to time have been made in Parliament when such Gifts and Grants were made as became burthensome and hurtful to the Publick Nor can any Government or State divest it self of the Means of its Preservation And if our Kings should have had an unlimitted Power of giving away their whole Revenue and if no Authority could have revoked such Gifts every profuse Prince of which we have had many in this Kingdom would have ruin'd his Successor and the People must have been destroy'd with new and repeated Taxes for by our Duty we are likewise to support the next Prince So that if no Authority could look into this a Nation must be utterly undone without any way of redressing it self which is against the Nature and Essence of any free Establishment Our Constitution therefore seems to have been that the King always might make Grants and that those Grants if pass'd according to the Forms prescribed by the Law were valid and pleadable against not only him but his Successors However at the same time 't is likewise manifest that the Legislative Power has had an uncontested Right to look into those Grants and to make them void whenever they were thought exorbitant And therein wise Kings have given way and not thought it dishonourable to join with their People in that which was judg'd to be for the Ease and Benefit of the major part But because in Acts of Resumption the Legislature exerts it self in an extraordinary manner and because 't is a Cordial of a very strong Operation and for that such Acts must of Necessity break into private Contracts Marriage-Settlements Sales upon a valuable Consideration and in many other Instances the Law has fenc'd the King's Revenue with Restrictions and wholsome Constitutions it has prescrib'd Forms by which Grants and Gifts should pass it has erected several Checks and trusted those Checks in the Hands of high Officers of the Crown And lastly the Laws have call'd to Accompt and seveerly punish'd many Men of great Birth and Figure for breaking down these Fences by all which our Ancestors seem to have desir'd and design'd preventing Mischiefs in their Growth and that Recourse should be had to extraordinary Remedies as seldom as possible And First That not only his common Expences but that also his Liberalities might be supply'd without diminution of the Capital innumerable Laws did provide that he might be neither deceiv'd in his Receipts nor in his Payments besides which the Introitus and Exitus of the Exchequer was originally contriv'd with Check upon Check and with all the Care and Art imaginable But all these good Methods were very early overthrown by the Negligence of some Princes but more through the Corruption of their Ministers Henry the IV. who had depos'd his Predecessor and who came in upon the Foot of Reformation began to make Regulations and restore some Order in the Revenues of the Crown In the first Year of his Reign the Commons complain'd of outragious Grants and of great Sums of Mony released to undeserving Persons the King not perceiving the hurt done him at the time of the Grant They pray that such Grants upon good Deliberation may be recall'd and that from thenceforth he would make no Grant but with the Advice of his Council The King Answers He will be advis'd by the wise Men of his Council And thereupon several good Regulations relating to the Passing of Grants are establish'd but take the Record 1 Hen. 4. Rot. Parl. Num. 98. Et aufyn qil ne soit deceux en les Grantes ou douns annuelx ou en fee ou en ascunes Offices per luy a faires ou a Granters en temps avenir il voet de lassent des Seignours Esprituelx Temporelx des Communes qe touts ceux qi demanderont du Roy Terres Tenementes Rentes Offices Annuitees ou autres profites qeconqes facent expresse mencion en lour Petitions de la value de la chose ensi a demander auxi de ceo qe ils ont eue du donne le Roy ou des autres ses Progenitours ou Predecessours per devant en cas qe ils ne facent tiel mencion en lour dites Petitions ceo duement proeve soient les lettres patentes du Roy ent faites nient vaillables ne de nulle force neffect mes de tout revoqes repelles adnuelles pur toutz jourz au punissement de ceux qe ensi ount fait tiel deceit ou Roy come ceux quy ne sont pas dignes denjoier leffect Benefice des Lettres Patentes a eux Grantez en celle partie This Acts directs that in the Petition to the King for any Gift or Grant express mention shall
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
made for the Expences of the current Year But the Honour of the House of Commons and the Credit of the Nation seem absolutely engaged to make good several Deficiencies to which we are not only bound by Publick Faith which ought to be inviolable but by direct and express Clauses in Acts of Parliament so that when a Law has Enacted That such a Debt should be paid by a prefix'd time all Ways and Means ought to be thought upon to make that Promise good not so much for the sake of Credit to go a borrowing with which Parliaments can hardly loose but to keep sacred the Dignity and Majesty of the Common-wealth There is no Man will pretend to say but that the Ways and Means of raising Mony are extreamly difficult Almost every Branch of our home Consumption has a Load upon it Our Foreign Traffick is already more charg'd than can possibly consist wich the Interest of a Trading Country Three Shillings per Pound with the strictness 't is now levyed is such a Weight that if it be much longer continu'd must in time certainly ruin all the less Free-holders and greatly hurt the Gentry of this Kingdom To lay farther Excises upon the same Commodities cannot be done without apparent prejudice to the Duties already granted the same will hold in laying higher Customs To charge Land for any long term of Years in times of Peace is a thing unheard of among our Ancestor and tho' past Conduct has made it perhaps unavoidable for some Years to come yet the People will think themselves very ill dealt with by their Representatives if Care be not taken to lay as few Burthens upon their Land as possible Some indeed have been of Opinion that the Deficiencies may be satisfy'd and that the Debts may be paid by prolonging the Fonds already granted for a further term of time but others who love their Country have thought it dishonourable and dangerous that England should be so long pawn'd and continue for so many Years in Mortgage They think it not safe for our Constitution nor consistant with our Civil Rights that there should be levyed in this Kingdom for any number of Years near four Millions annually in Customs Excises and such like Duties which in some future Reign bad Ministers may perhaps seize upon and intercept by stopping the Exchequer in order to set up an Army and to subsist without a Parliament Of this good Patriots will be always apprehensive and have therefore ever abhorr'd these long Fonds which all the Neighbouring Princes round about us have constantly made use of for subverting the Liberties of their People Some without Doors have been for trying such wild Projects as was that of increasing the number of Exchequer-Bills which indeed was a good Expedient to lull our Creditors asleep and to quiet Things for the present while certain Persons might have the Opportunity of doing their own Business and of Building up their own Fortunes but the Publick could thereby have reap'd no Benefit On the contrary this Calm in our Affairs and the not being press'd by any clamorous demands would have occasion'd and encourag'd still more and more bad Husbandry and at last the Debt must have come upon us with the addition of a heavy load of Interest besides which is unanswerable if a War had overtaken the Nation with such a Debt upon it all due and demandable at a Day Publick Credit must have sunk at once upon which would have follow'd Ruin without Redemption Good Patriots will never think England can be effectually reliev'd by any Ways and Means of raising Mony but such as shall sink part of the Principal Debt and hinder us from being eaten up by that Canker of Vsury which has been so destructive to this Government Nor will English-men we mean such of 'em as consider at all think that Trade can flourish or that Liberty is intirely safe 'till our Payments to the Publick are reduc'd to what they were before the War viz. two Milions Yearly for this Nation will be ever apprehensive That such mighty Sums as we now pay may hereafter in the Reign of some other Prince be turn'd against the People tho' given and granted for their Preservation Since therefore the common Ways and Means of raising Money may be dangerous in their future Consequence or a present Burthen upon the Nation it imports good Patriots to consider whether or no the Necessities of the Government may not be supply'd by the Methods which our Ancestors have so frequently put in Practice By which we mean whether or no a Resumption of such Lands in England and more especially in Ireland as have lately been granted away from the Crown would not be a great Relief and Ease to the People in their Taxes If a Resumption can be made without breaking into the Rules of Justice or without bringing any Reflection upon the King whose Honour above all things ought to be regarded and if thereby two Millions can be rais'd to come in the room and place of a Land-Tax very few People will think it strange for the Legislative Authority to exert it self in a matter so much for the Common Ease and Benefit And where the Publick is so deeply concern'd but very few Persons will consider or consult the private Interest of such as have procur'd the Grants Therefore in handling this Subject we shall endeavour to examin into and state these following Points I. How far it is consistent with the Honour of a Prince to desire and promote a Resumption by Act of Parliament II. What Interest the People of England have in the Lands granted away and especially as to the forfeited Estates in Ireland III. How far in an Act of Resumption it is just and reasonable to look backwards 1st How far it is consistent with the Honor of a Prince to desire and promote a Resumption by Act of Parliament There is nothing more evident in our Histories than that the most magnanimous of our Kings have been the most free in confirming to the People their Antient Liberties Magna Charta as it is now deriv'd down to us was modell'd by Henry the 1st a Math. Par. fol. 74. Prince famous for his Military Virtues which was confirm'd by Stephen a King active enough in the Field This Sheet-Anchor of our Liberties was yet more strengthen'd by Edward 3d as Renowned as any of our Kings for Personal Valour and Victories abroad That which heretofore by Flatterers and Corrupt Ministers has been call'd Prerogative was never insisted upon but by weak and effeminate Princes who desir'd that their Immoderate Appetites of doing Ill might be justifi'd and strengthen'd by more Power than was allow'd 'em by the Laws Magnanimous Kings have always thought That the Royal Prerogative consisted chiefly in the Power of doing Good to so many Millions of Men who depend upon their Wisdom and Courage Henry the 4th that Heroick Prince who obtain'd the Crown by his own Personal Merits was so
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
Alienations of the Crown-Revenue And a Resumption made The Records for this 117 Great Profusion and Misgovernment in the Reign of King Richard the Second The Rapine of the Ministers of those Times occasioned Acts of Resumption several Records produc'd to this Purpose from 119 to 127 In the Reign of Henry the Fourth the Commons pray that a Resumption may be made The Record 127 In the Fifth of this Reign the Commons pray that the King will take Care for the Repair of his Castles in particular Windsor Castle and of the Maintenance of his Parks And complain that the Lands assign'd for the Repair of Windsor Castle are granted away praying they may be resumed The King's Answer The Record for this 128 Lands and Mannors annexed to Windsor Castle 31 Henry 8th 131 The same Year of Henry 4th the Commons pray that Lands alienated from the Duchy of Cornwall may be resum'd The King's Answer The Record 132 In the 6th Year of the same Reign the Commons again pray for a Resumption The King's Answer The Record 133 What â—ort of a Resumption was then made and the Reasons for it The Record 140 In the Seventh and Eighth of this Reign the Commons pray that the Lands to be conquer'd in Wales may not be granted away the first Quarter of a Year The Record 143 In the same Year the Commons pray that certain Foreigners by Name may be banished which is granted and the King orders an Accompt to be deliver'd in Chancery of what Grants they had obtain'd The Record 144 In the 11th of this Reign the Commons pray that no Alienation of the Crown-Revenue may be made to which the King assents The Record 145 What sort of Resumption was made in the Reign of Henry the Fifth The Record 148 A Resumption made 28 Hen. 6. The Record 149 to 158 The Exceptions or Savings inserted by the King in this Resumption 159 to 178 Another Resumption the 29th of this Reign 181 Another Resumption the 33th of the same Reign 193 A Resumption the 1st of Edward 4th The Record 208 Another Resumption 3d and 4th of the same Reign 210 In the 7th Edward 4th The King invites his People from the Throne to make an Act of Resumption 214 A Resumption 7th Edward the 4th The Record 216 The King by the Mouth of the Chancellor thanks the House of Commons for this Resumption 221 222 In the 13th of the same Reign there pass'd another Act of Resumption 222 The Method which was taken in this Reign to pay the King's Debts See the Record 225 In the 1st of Henry 7th there was one General Act and afterwards other particular Acts of Resumption 232 What Sort of Resumption was made Ann. 6. Hen. 8 238 The Author has himself examin'd at the Tower the French Records cited in this Book 243 All the Resumptions recapitulated 244 245 Several Observations upon these Acts of Resumption 245 to 248 The Effects these Acts of Resumptions produced 249 In what Posture the Crown-Revenue stood 28 29 Hen. 6. ibid. How it stood in the Reign of Hen. 7. what Taxes he had and what an immense Sum he left behind him 249 250 The Acts of Resumption principally put the Crown-Revenue into the State Hen. 7. left it at his Death 250 The State of the Revenue Anno 12. Eliz. 252 The Reason why no Resumption could be proper during her Time ibid. Resumptions talk'd on in the Reign of King James the First ibid. What Steps were made towards a Resumption in the Beginning of King Charles the Second's Reign 253 254 State of the Revenue at King Charles's Restauration 255 Sir John Fortescue's Opinion concerning Resumptions out of a Manuscript in the Bodleian Library 257 to 262 When the Debtors or Accomptants to the King have been unreasonably discharg'd Privy-Seals have been revoked The Record 263 SECT IV. That several Ministers of State have been Impeach'd in Parliament for presuming to procure to themselves Grants of the Crown-Revenue WHat sort of Power our King 's anciently had to alienate the Crown-Revenue 274 The Opinion of some Authors upon this Subject 275 Observations upon the Scaccarium and Hanneperium ibid In Alienations the King trusted as Head of the Common-wealth 278 The Danger if Alienations might not be inquir'd into 279 'T is manifest the Legislature has a Power to inquire into Grants ibid. Resumptions an extraordinary Exercise of the Legislative Authority 280 What Provision the Wisdom of the Law has made that there may not be occasion for 'em ibid. If this does not do by calling corrupt Ministers to an Accompt 281 The Care Hen. 4. took in the Revenue and the good Laws thereunto relating ibid. The Effect it had 283 The Care our Ancestors had long before taken in this Matter 284 1st By regulating the Expences of the King's Court ibid. 2dly By desiring the King to employ wise and able Men 285 3dly By procuring the Banishment of Strangers who were become a Burthen upon the Court ibid. 4thly By appointing Commissioners to inspect the publick Accompts The Record 287 5thly By enquiring into the Management of particular Branches 290 The Provisions which our Constitution has establish'd that the King may not be deceiv'd 291 The Progress Grants ought to make 292 First in the Treasury The Treasurer of the Exchequer or Lord-Treasurer's Duty and Oath ibid. From thence the Grant goes to the Attorney-General His Duty 204 From thence to the Secretary of State His Duty 295 From the Signet it should go to the Lord Privy-Seal His Duty and Oath 296 From the Privy-Seal it goes to the Lord Chancellor His Duty and Oath 297 All this inforced by a positive Law 27 Hen. 8. 298 The Force of the Laws enervated by Clauses of Ex certa Scientia Graetia Speciali Mero Motu and by Clauses of Non Obstante 301 Matthew Paris his Opinion of these Clauses of Non Obstante 302 Of the Destinction the Lawyers make between Directive and Coercive 305 When Ministers have broke through the Laws in this Matter of Grants our Ancestors have proceeded by Impeachments 307 Ranulphus Bishop of Durham accus'd for Male-Administration His Character 308 Pieres Gaverton impeach'd for procuring Grants The Record 309 Henry de Beaumont accus'd expell'd the Council and banish'd by Parliament from the King's Presence upon the same Accompt 313 The Lady Vescie accus'd and banish'd the Court in the same Manner and upon the same Accompt 314 Procuring Grants one of the principal Heads of Accusation against Hugh Spencer Earl of Glocester 315 In the 4 Edw. 3. Articles were exhibited in Parliament against Roger Mortimer Earl of March for having procured to himself Grants of the Crown-Revenue The Record 316 In the 10 Rich. 2. Michael de la Pool was impeach'd for that being Chancellor and sworn to the Kiug's Profit he had procured to himself Grants of the Crown-Revenue The Judgment against him The Records 317 to 323 In the 11 Rich. 2. the said Michael de la Pool was
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
what was too great to give and much too great to be ask'd 't is with the universal Applause of the People whom this Care relieves from frequent and heavy Taxes There is no Good which may not be expected from the Wisdom and Resolution of the Prince who now fills the Throne When he came over hither he found many of the Chief Rank and Figure overwhelm'd in Publick and Private Vices and in a Country so corrupted 't was difficult to have a virtuous Court They who should have help'd him to mend Things were readier to promote the Disorders by which they might thrive than to set afoot a Frugality under which they could not so well do their own business If they had Preach'd up Thrift as necessary to carry on a long and expensive War with what Face could such a Great Man have begg'd such a parcel of the Crown Lands one a vast sum of Mony another this forfeited Estate One so much Timber out of the Forrest his Friend such a Reversion his Friends Friend such a large Pension And if they had held the Purse close shut up to others they must have blush'd when they were begging so much for themselves All these disorders are to be attributed to the Corruption of the Times and to the necessities thereby introduc'd when Parties were to be gratified when turbulent Spirits who could obstruct affairs were to be quieted and when too many expected to be paid for preserving themselves and their own Country from a foreign Enemy Insomuch that when our Story comes to be read hereafter Posterity will wonder where the Subjects were so craving at Court and in another Place how the Prince could save from such a Number of Spoilers wherewithal to carry on his Wars abroad The Kings admirable Conduct has waded through all these Difficulties He has given as a Peace when the continuance of the War was desired by too many at home as better conducing to their dark designs At his first coming over he sav'd that Religion which our mean Complyance under former Princes had put in danger His prudence kept for ten years a People divided amongst themselves united against the Common Enemy All the Misfortunes in his Reign have been the Result of our proper Corruptions all the Good the Effects of his own Wisdom and his Virtues will at last bear down and master all our Vices He first form'd that League which has preserved the Liberties of Europe He has with a Confederate Army manag'd a long War and brought it to a good Conclusion of which there are but few Examples in History for tho the beginnings of Confederacies have been always vigorous and successful their Progress has been generally feeble and Event unfortunate By his Interest and Power he has made a King of Poland an Elector of Collein and erected a ninth Electorate in the Empire He has restored the Duke of Lorraine and taken the Bridle off from the Heads of the Italian Princes by having been the Cause that Cazal and Pignerol were demollish d. He has procur'd advantageous Terms for all his Allies He has caused fortified Towns and large Provinces to be restor'd which had been couquer'd long before He forced his Potent Neighbour to make the the first Advances towards a Peace which is more than Wise Men when the War began could promise to themselves in their most Sanguine Hopes He made himself be sought to when his Enemies prosper'd and when the Confederate affairs declin'd All which are manifest Proofs that he is as Great in the Cabinet as in the Field And to Crown all his Glories by one Act he has shown his Goodness to humane kind and given a Demonstration that he never desired Power but for the Benefit of others His so cheerfully disbanding the Army at the request of his Parlament is a Proof beyond all Contradiction that he both Loves and Trusts his subjects and that his Noble Mind conscious of no ill is apprehensive of no Danger While Tyrants who inslave their Country are affraid tho inviron'd with Numerous Troops He knew himself to be sufficiently guarded by the Affections of his People Many Princes who have taken up Arms to relieve an oppress'd Nation have made it appear in the course of their Proceedings that they were incited to it by some Ambitious Ends and not alone mov'd by a true desire of that Fame which follows virtuous Deeds and the People they came to redeem have afterwards found that they did no more than change one bad Ruler for another But this Heroick King has follow'd the Pattern of Timoleon the Corinthian who not only rescued the Sicilians from Tyranny but likewise left 'em in full Possession of their Freedoms He has squar'd his Actions by those of T. Quintius Flaminius who when he had subdu'd the Macedonians and reduc'd King Philip to Terms of Peace erected an eternal Trophy to his future Renown when he pronounc'd by the Voice of a Herald That Greece should thence forward be exempt from Taxes Impositions and Garrisons and Free to Govern it self by its own Laws The same Liberties did the King in effect Proclaim for ever to all England when he delivered us from the Expences and which lay more heavily upon us from the Terror of a Standing Army His happy Reign has not only freed our Persons but likewise set our Minds at Liberty which had for many Years been inslav'd by wrong Principles of Vnlimited Obedience due to the unlimited Exercise of Power Notions with which the Schools had poison'd our Youth and which only serv'd to draw the Prince on to Govern amiss but prov'd no security to him when the People were grown weary of ill Government The late Revolution justified by its Necessity and by the Good it has produc'd will be a â—asting Answer to all that foolish Doctrine so that with the other Blessings of this King's Accession to the Throne the very President is not to be accompted among the least Insomuch that what we did at that time not only freed us then but has set Liberty it self upon a better Foot and cur'd us of those blind Errors and dark Mists which our own Luxuries and the Craft of Courtiers had brought upon our Understanding A Prince thus adorn'd fear'd for his Courage admired for his Wisdom and belov'd for the Good he has done his People must certainly be able to surmount the greatest Difficulties 'T is not a Bâ—fflâ—d and dishearten'd Party lingring may be after their former Bondage can give him any Opposition Much less need he apprehend the Mercenary and inconstant Crew of the Hunters after Preferment whose Designs are always seen through who are dispis'd as soon as known and who only lead one another But a King who would reform the State for the general Ease and Benefit of his People must expect to meet with some Difficulties especially if a great many of those about him are Partakers in the Abuses he would correct All sort of Rubbs will be laid in
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
and Confiscated to the King's use In this Colloquy the Barons told him That he was in Debt and Ruin'd by the Strangers about him who had Consum'd all so that he was forc'd to give Tallies for the Victuals of his Table * Knyghton Col. 2445. N o 10. Domine Rex inter manus Alienigenarum res utique tua male agitur diversimode tractatur nam consumptis universis multo jam deprimeris eâ— alieno datis pro cibariis tuis Talleiâ— versus es in scandalum in omni populo tuo The Consequence of this Profusion was grievous Taxes the Taxes produc'd Discontents these Discontents encourag'â— Simon Montford and others to begin thâ— Civil War in which this King had beeâ— lost but for the Courage and Conduct 〈◊〉 his Son In the Reign of Edward the I. we 〈◊〉 not find there was any Resumption bâ— Annn Dom. 1289. the Legislative Authority did very wisely interpose in Correâ—ing the Abuses of Westminster-Hall * Vide Dan. p. 160 Mat. West p. 414. N o 10 and Knyghton Col. 2466. Finâ—ing all the Judges for their Corruptioâ— and Extortions Sir Ralph Hengham wâ— had been Chief Justice of the highâ— Bench and Commissioner for the Gâ—vernment of the Kingdom in the King Absence paid Seven thousand Marcs 〈◊〉 Edward Stratton paid Thirty four thousand Marcs Thomas Wayland found the greatest Delinquent Forfeited all his Estate The whole Set paid among 'em 〈◊〉 Hundred thousand Marcs which for those Days was a prodigious Summ. The next Reign of Edward the IId gives the prospect of Civil Wars Treachery Bloodshed and a view of all the Calamities that are the Consequences of â— Riotous and Profuse Court The unbounded Favour of this Prince o his Minion Pierce Gaveston made Earl of Cornwal and the Waste which the said Earl had made in the Crown-Revenue so provok'd the Peers that they never restd till they had obtain'd an Instrument mpowering several Ecclesiastical and â—ay Lords to make certain Ordinances â—or the good of the Kingdom which nstrument and Ordinances made by Virue of it were afterwards ratify'd in Parament Among other things it was then order'd That the Crown-Revenue should â—ot be Alienated Derecheif ordein est Rot. Ord. 5 Edw. II. N o. 3. pur les dettes le Roy acquitter son estate relever le plus honourablement mainteiner qe nul don de Terre ne de Rent ne de Franchise ne d' Eschete ne de Gard ne Marriage ne Baillie se face a nul des ditz Ordenours durant leur poer del dit ordeinment ne a uul autre sauns Conseil assent des ditz Ordenours ou de la greinder partie de eux au six de eux au moins mes totes les choses desquex profits poit surdre soient enpruees al profit le Roy jusques son estat soit avenantment releve c. There is this Remarkable in the Record That they bound up themselves as well as others from receiving any part of the King's Lands as we may suppose not thinking it fair for them who had the Power to keep the Purse shut to others and to open it for themselves They took likewise Care of a Resumption * Ibed N o 7. Et puis derecheife pur se qe lâ— Corone est tant abeissee demembree pâ— diverses donns nous Ordinons qe toâ— les donns qe sont donez au damage dâ— Roy descresse de la Corone puis 〈◊〉 Commission a nous fait des Chasteam Villes Terres Tenements Bayleâ— Gardez Marriages Eschetes Relâ— queconques queles soint aussibien 〈◊〉 Gascoin Irland Gales Escoce coâ— me en Engleterre soint repelleez noâ— les repellons de tout sanz estre redonnâ— a meismes ceux sanz comun assent 〈◊〉 Parlement Et que si tieu maner des dom ou Reles soint Desormes donez encâ—â—tre la form avantdit sanz assent de soâ— Barnage ce en Parlement tant qe 〈◊〉 dettes soint acquittees son estatâ— avenantment releves soint tenus poâ— nuls soit le pernour puny en Parlement par Agard del Barnage 'T is true these Ordinances were revok'd in the * Great Statute Roll from H. III. to 21 Ed. III M. 31. Bibli Cott. Claud. Parliament which this King held at York the 15th of his Reign just after he had Defeated and put to Death Thomas Earl of Lancaster with many other of the Barons But his Rigid Proceeding with those who had Fought in Defence of their Countries Freedom and his immoderate Favour and Bounty to the Spencers Earls of Whinchester and Gloster with all his other Mis-government lost him both his Crown and Life in a short time after 'T is to be presum'd That what the Parliament had done in Edward II. Reign to hinder the Favourites from making Depredations upon the Crown-Revenue had effectually stopp'd the Evil because we do not find there was any need of an Act of Resumption in Edward the III's Time There is no part of our History more remarkable than the Life of Richard II. Grandson of Edward III. And no Times afford so many Presidents of Liberty asserted and of the Excesses of Regal Power with the Corruption of bad Ministers as this unfortunate Reign But Misgovernment will of Necessity bring on good Laws in the End The lavish Temper of this Prince his unreasonable Favour to the Duke of Ireland to Michal de la Pool Earl Suffolk his Chancellor and others with his loose and careless Administration produc'd the Parliaments of 10th 11th and 13th Richard II. by which his Power was circumscribd and bounded 'T is true 21 Richard II. he procur'd a Repeal of what had been formerly settled by Parliament for the Welfare of the Kingdom in which Sessions he got Iniquity establish'd by a Law but the Conclusion of all this Misgoverment was that he incurr'd so much the Publick hatred as to be deserted by the whole People and in a solemn manner to be depos'd The Excesses of the Court and Rapine of the Ministers in those days and towards the latter end of Edward III. produc'd Acts of Resumption The Commons pray that all kind of Gifts whatsoever made by King Edward III. may be examin'd if worthily bestow'd to be Confirm'd if otherwise to be Revok'd * Rot. Parl. 1 Ri. II. N o. 48. Item ils Prient pur ceo que la Corone est moult abaisse demembre par divers donns donez en temps de notre Seigneur que Dieux assoille queux donns il estoit malement deceux en plusieurs Personnes malement emploeis come home le poet declarer a grand damage de lui de notre Seigneur le Roi q'ore est si bien des Chasteaux Villes Terres Tenements Baillez Gardes Marriages Eschetes Releves aussi bien en Gascoigne Irlande come en Engleterre qe plese a notre Seigneur le Roy son Conseil faire examiner par les Rolles
Libertees mes aient entierement enjoient toutes les ditz Libertees Franchises toutes autres lour Libertees Franchises a eux Grantez puis le dit an quarantisme pur releifuement des Fee fermes encresce Fortification des ditz Citees Burghs seloncqe la fourme effect de lour Chartres ent faites cest ordeignance nonobstant Purveu ensement qe nostre tres excellente dame la Reygne ne les Fitz du Roy ne soient contenuz soubs la constreint decest Estatute ou Ordeignance Purveu auxi qe ceux qont Purchasez de Roy Richard Tâ—rrâ—s ou Tenements qeux furent a aucunes Persones forejugez a Parlement tenus a Westminstre lan unsiesme du Regne dudit Roy Richard ne lour Heires soient oustez ne molestez de lour Terres Tenements avantditz per vertue de 〈◊〉 Nâ—â—â— câ—tte Ordeignance Iâ—em qe tous Tonelx Pipes des Vyns des prises de Roy autre Pipes Toâ—elx des Vyns grantez a ascunes Persones de qel Estat ou condition qil soit per nostre Seignour le Roy qorest ou pâ—r ses Progenitours a terme de vie ou a Terme de ans soient entierement resumes es mains du Roy. Ibid N â— 17. Item que toutes dons Grantz des Chastelx Manoires Terres Tenements Fermes Rents Annuitez Libertees Franchises ou Possessions qe-conqes faitz per le Roy Edw. Aiel nostre Seignour le Roy qorest ses Ancestres ou Progenitours devant le dit an quarantisme del Regne dudit Roy Edw. as Persones del Roialme si bien as esprituelx come temporelx a terme de vie a terme de ans en fee taille ou en fee simple ou as auscuns en mortmaine a eux a lour Successours ou as Citeins Burgheis de Citees Burghs as ceux des Cinq Ports a eux a lour Successours de assent nostre tres graceouse Seignour le Roy les Seignours esprituelx temporelx communes en ycest Parlement assemblez soient solonc le effect de lour Estates per Estatutes ent en cest Parlement affaire confermez ratifiez sans estre en aprez adnu lez repellez ou revoqez purveu toutes foitz qe dons ou Grants des Chastelx Manoires Terres Tenements Feefermes Rents Annuites Libertees Franchises ou Possessions qeconqes faitz devant le dit An quarantisme as auscunes a terme de Ans terme de vie ou en le Taille en qele Case la Reversion est reservee au Roy maintenanâ— aprez le estate determine tieux Chateaulx Manoires Terres Tenements Rents Annuities Libertees Franchises Possessions qeconqes soient revertible au Roy come a sa Corone issint soient rejointâ— a la Corone sans estre en nulle manerâ— departis ou severes en temps avenir La Responce fait per le Roy de ladvys assent des Seignours esprituelx temporelx a les Petitions dessus escripts Qeux le Roy voet metre en Execution en tout le haste possible Ibid. N o 20. Responce en Engleis as dites Petitions And for as much that the Commons desiren that the King should live upon his own as good Reason asketh and all Estates thinken the same the King thanketh them of their good desire willing put it in Execution al 's soon as he well may And because the Commons desiren that al that longed to the Corone the Fortâ—â— Year of King Edw. and sithe hath beâ— departed should be resum'd to that intent that the King might better leve of his own And foralsmuch that it may noght be known unto the King which is of the Crown and which is not without more examination ne what hath be granted sith the fortie Yere of King Edw. unto this time the King's intent is to Assign certain Lords Sprituels and certain Lords Temporels and all his Justices and his Sarjeants and all other such as him list name for to put in Execution al 's far as he may by the Law of his Land or by his Prerogotive or Liberty all the Articles contained in the Petition of the Commons in all hast that he may in discharge of his People But this good Care of the House of Commons for the King's Welfare had no other Effect than to procure That the Lands Rents Profits and Annuities so granted away should be seised into the King's Hands for one whole Year but the Reason of this may be easily seen in the Record it self A great part of these Lands were got into the hands of the Clergy The words of the Record are Outragious Grants made to divers Persons as well Spiritual as Temporal Outrageouses dons faits as divers Persons si bien Espirituelx comme Temporelx The People were in that Age very Superstitious as appears by the severe * Vid. Rot. Par. 8 Hen. IV. N â— 62. Act which pass'd two Years after against the Lollards And where the People is Superstitious the Clergy never fail to have the Chief Power And by their Interest in all probability it was procur'd that the Nation could then be reliev'd only with one Years Profit from those Grants And because this After-act militates so directly with what the Commons had done just before there are good grounds to think that the last Project began in that House which was then influenc'd by the Lords Spiritual But we shall produce the Record it self to shew that the Writer desires to handle this Subject impartially and to set every thing in a fair Light Rot. Parl. 6 Hen. IV. N. 21. Item a Considerer les Grants faits per Patentes dessous le grant Seal du Roy de ses Progenitours Predecessours as diverses Persones si bien a terme de vie come en Fee simple ou en Fee taille on autrement y ne seroit honest ny expedient pur le Roy nostre Seignour de faire repelle revocation ou resumption 〈◊〉 tielx Patentes ceo si bien pur lâ— clamour autre Inconveniences qent purront avenir as estranges parties come deins le Roialme Dengleterre Et pur ouster tielx-Meschiefs accordez est qe chascun home feme de quel estat on condition qils soient qe ont ascuns Annuites Fees ou Gages a terme de vie ou des Ans du Grant du Roy Richard ou du Roy qorest qils soefreront chascun de eux soefrera mesmes nostre Seignour le Roy davoir enjoier les dits Annuites Fees Gages del Feste de Pasche darrein passe tanqal lendemain de Pasche prochain avenir cestassavoir per un an entier Purveu toutesfois qe les Fees Gages Regardes de Chancelier Tresorer Gardien du Privee Seal Justices de lun Bank de lautre Barons de lescheqer Serjeants du Roy a la Leye des autres Officers Ministres des Courts
Rentes Charges or Annuitees made by you of Estate of Inheritance for terme of Lyffe or terme of Yeres to oney Persone or Persones to be taken of oney of these Premisses or of youre Custumes or Subsidies or Awnage or of youre Hamper or atte or in youre Receits or in otherwyse or in oney other Place or oney of theim or of the Profites coming of theim or oney of theim withinne this youre Reaume Irlonde Wales Guysues Caleys and the Marches of the same be voide and of noone effect And that all manner of Grauntes made by you to oney Persone or Persones of Estate of Enheritance terme of Lyffe or terme of Yeres of oney Herbage or Pannage Fishyng Pasture or Comyne of Pasture youre Warein Wode Wyne Clothyng Furres to noone Office longyng nor perteinyng the seid first Day of youre Reigne nor afore noght yeldyng to you the verray value thereof be voide and of noone effecte And over that like it youre Highness to take resume and seise and reteine into youre handes and Possessions all manner Lettres Patentes Privileges Franchises Hundreds Wapentakes Letes Rapes Vewe of Franchises Fynes Amerciaments Issues and Profites of the same by you graunted syth the first Day of youre Reigne to oney Persone or Persones or Abbot Priour Deane Chapitre Maistre or Wardeyne of College Fraternite Crafte or Gilde And all manner of such Grauntes to be voide and of noone effecte And furthermore All Grauntes made by you to oney Persone or Persones of oney Offices the which were noone Offices the first Day of youre Reigne nor afore be voide and of noone effecte And that all manner of Grauntes made by you to oney Person or Persones geaving theim Power to make or ordeine oney Office or Offices of whome the makyng and Ordeinance the said first Day of youre Reigne or oney time syth longd to you or theim were noone such Office nor afore that thanne such Graunte as in makyng or Ordeinance of such Offices be of noone effecte And over that That all Grauntes and Relesses made by you syth the first Day of youre Reigne to oney Abbot Priour Covent or to oney other Persone or Persones for discharge or quytclayme of oney Corrodies or Corodie Pensione or Pensiones dismez spirituells or Quinszismes or dismes temporells Rentes or Services or oney other charge be void and of noone effecte And that no Persone nor Persones havyng Estate in Offices Fee simple or Fee taille of youre Graunte or oney havyng they re Estate have other Estate in the said Offices but terme of their lyffes that nowe hafe the seid Offices with Fees and Wages to the seid Offices of alde tyme accustumed oonly and noon otherwyse And that all manner of Grauntes by you made or to be made to oney Persone or Persones of the Premises or of oney parcelle during this youre present Parlement be voide and of noone effect And that noo Persone or Persones that hadde oney thyng of the premises afore the tyme of the seid Resumption be noght chargeable by way of Accompt or otherwyse for the same ayenst you youre Heires and Successours except thoo that by youre Grauntes afore the seid Resumption were accomptable This is the fore-part of the Act Word for word to which the House of Commons thought fit to add Savings to several Persons of which we shall give an Abstract First there is Saving to the Queen for her Dower 2 For the Colleges of our Lady of Eaton and our Lady and St. Nicholas of Cambridge 3 For Lands granted in the Dutchy of Lancaster to Persons to the intent to perform the King's Will 4 For Priories Alien then in the Possession of Hospitals or Religious Houses 5 For the Creation Money paid to the Peers but this Saving is with Restrictions 6 For those who had made Surrenders to the King and taken other Lands in Exchange so as the last Grant exceed not the first in value or terme 7 A Saving for Lands bought of the King by Henry Cardinal of England and given to St. Crosses with a general Saving for the Interest and Claime of private Persons to the Lands intended to be Resumed 8 A Saving for those who had Grants in former Reigns out of which they were Lawfully Evicted and in Consideration of which they had Grants from the present King 9 A Saving for those who had exchang'd Lands with the King so as the Lands exchang'd were not also of his own Gift and so as what exceeded in Value should be resum'd 10 A Saving for what paid Rent according to the true value at the time of the Grant 11 A Saving for where the King was Feoffee in trust so as it was not in Lands of his own Gift 12 A Saving for the Lord Chancellor Treasurer Privy Seal Justices Barons of the Exchequer Serjeants at Law Atturney and Officers in the King's Courts of Record for accustom'd Wages Rewards or Cloathing 13 A Saving for Grants made of their own Lands to Persons born beyond the Seas and of English Parentage 14 A Saving for All-Souls-College 15 A Saving for Cities and Burroughs who by the King's Charter were to be exempt from the Jurisdiction of the Lord High Admiral or Warden of the Cinque Ports 16 A Saving for Bodies Corporate c. who by Charter had Priviledge granted of Murage These were all the Reservations the House of Commons thought necessary in this Act. Then follows And that it like youre most High and Habundant Grace tenderly to consider these Premises and thereuppon by youre high and grete Wisdome and by the Advyse of the Lords Spirituels and Temporels in this your present Parlement Assembled to ordeine provide and establish sufficiaunt Possessions of the Premises so resumed for the contentyng and Paiment of the Expences and Charges of youre Houshold and all youre other ordinarie Charges And to Apply and Appoint the Possessions Profites Revenues and Commodities of youre Towne of Caleys and of Guisues and of the Marches there hooly to be taken and received by youre Tresorer of Caleys for the tyme beying he to apply theim to the Payments of the Souldeours there and the repaire of the Gettes and other necessary reparations there behowfull And the seid Tresorer thereof to you in youre Eschequer duely to accompt And all the Possessions aforesaid soo severally provided for to abide and endure to you youre Heires and Successours in perpetuitie to the same end and effecte and noon other with such peines and Punishments to be sette thereupon by youre wise discretions that noone of youre Leiges in tyme to come attempt the contrarie thereof or accept any parcell of hem so ordeined for the seid Provisions so that the seid Ordeinaunce soo made be sent and declared to us youre seid Beseechers during this your seid Parlement to the ende and effecte we to yeve thereto our assent so that it can be thought to us for youre Honour profite and welfare of us all so to doo that it be authorised in this youre high
eny of theym or eny parcell of theym be from the seid Fest void and of noo force nor effecte And that this Act extende not to eny Honours Castells Lordshipps Manours Londes Tenementes Rentes Services Possessions or Enheritaments which came to the Hands or Possession of our seid Soveraine Lord Kyng Edward the 4 th or apperteyned or belonged to hym or that he shuld have had the seid 4th day of Marche or eny tyme after by the forfeiture of eny Persone in the Parlement hold at Weâ—â—minster the 4th day of November the seid first Yere attainted or by force of an Act of Forfeiture therin made other than by the Forfeiture of Margarete late called Queen of Englond And also that this Act extend not to any Graunte or Grauntes afore this tyme made to eny Lord not attainted of eny Annuite for the Sustentation of his Name and Estate nor to noon Office or Offices which were Office or Offices the seid 4th day of Marche or afore and needeth actuel Exercise graunted the seid 4th day of Marche or after to eny Persone or Persones for terme of his Lyfe or they re Lyfes with Fees Wages and Profites to the same Office or Offices afore the seid 4th day of Marche due and accustumed And also that all Yefts made by the Kyng the seid 4th day of Marche or eny tyme after under eny of his Seales to eny Persone or Persones of eny Office wheruppon noo charge hangeth nor nedeth to be of actuel Exercise or Occupation be from the seid Fest voide and of noo force nor effecte Also that all Grauntes made by the Kyng the seid 4th day of Marche or eny tyme after to eny Persone or Persones of eny Office or Offices with Fees and Wages then not due and accustumed nor apperteynyng to the same Office or Offices the seid 4th day of Marche be from the seid Fest as to the seid Fees and Wages not due and accustomed void and of noo force and effecte This Acte to be had and take with such Exceptions and Provisions as shall please the Kyng to make Then follow Three Savings made by the House of Commons 1 st For Sums issued to the Payment of the King 's own Debts 2. For Corporations Cities and Boroughs c. as to any Gift Grant Demise Lease Release Jurisdiction Authority Confirmation Ratification Licence Pardon c. granted by the Kings Henry the 4 th 5 th and 6 th 3. For Grants or Licenses given by the said Kings to any Person to found or make Fraternities Gyldes Hospitals c. or to purchase Lands for those Uses Then follow a prodigious Number 〈◊〉 Savings and Exceptions and so many as indeed seem intirely to defeat thâ— Design and Intention of the Act which in the 7th of the same Reign produc'd another Resumption This Heroick Prince who himselâ— had fought so many Battles and whâ— by his Courage from a private Person got to be King of England invites hiâ— People from the Throne to resume whaâ— had been plunder'd from the Crown iâ— the Words following 7 Edw. 4. Rot. Parl. N. 7. John Say and ye Sirs comyn to this my Court of Parlement for the Comon of this my Lond The Cause why Y have called and summoned this my present Parlement is Y purpose to to lyve upon my nowne and not to charge my Subgetts but in grete and urgent Causes concerning more tho we le of theymself and also the defence of theym and of this my Reame rather then my nowne pleaser as heretofore by Comons of this Lond hath been doon and born unto my Progenitours in tyme of nede wherein Y trust that ye Sirs and all the Comons of this my Lond wol be as tender and kind unto me in such Cases as heretofore eney Comons have been to eney of my seid Progenitours And for the good Wills kindnesse and true herts that ye have born continued and showed unto me at all tymes heretofore Y thank ye as hertily as Y can as so Y trust ye wol contenue in tyme comyng for the which by the Grace of God Y shall be to you as good and gracious Kyng and reigne as reight wisely upon you as ever did eney of my Progenitours upon Comons of this my Reame in days paste and shall also in tyme of nede aply my Person for the We le and defence of you and of this Reame not sparyng my Body nor Lyfe for eny jeopardie that mought happen to the same Ibid. N. 8. Memorandum Quod quedam Cedula formam cujusdem Actus Resumptionis in sâ— continentis exhibita fuit in presenti Parliâ—mento in haec Verba For divers Causes and Considerations concerning the Honour State and Prosperite of the Kyng and also of the Commonwele defence surete and welfare of this Reame and his Subgettes of the same it is ordeyned enacted and established by thadvyse and Assent of the Lords Spirituells and Temporells and Comons in this present Parlement assembled and by Auctorite of the same That the Kyng from the Fest of Ester last past have take seize hold and joy all Honours Castells Lordshipps Townes Towneshipps Manors Londes Tenementes Wastes Forestes Chaces Rentes Annuities Fermes Fee-fermes Reversions Services Issues Profites Commoditees which he was seised and possessed of the 4th day of Marche the first Yere of his Reigne or eny tyme after by resone of the Coroune of Englond the Duchie of Cornwaille Principalite of Wales and Erldom of Chestre or eny of theym in Englond Irlond Wales and Marches thereof or that apperteyned or belonged to hym the same fowerth day or eny tyme sin as paroell of his Duchie of Lancastre or by the forfaiture of Henry the Sixt late in dede and not in Right Kyng of Englond or eny Person atteynted sin the seid 4th day of Marche by auctorite of eny Parlement holden sin the seid 4th day or otherwyse attaynted by the course of the Comon Lawe of this Lond and passed from the Kyng under eny of his Seales to eny Persone or Persones in Fee-simple or Fee-taille terme of Lyfe or terme of Yeres and that the Kyng fro the seid Fest of Ester have hold and joye every of the Premisses in lyke estate as he had theym the seid fowrthe day of Marche or eny tyme after Also that all Yeftes Grauntes Ratifications Releses Leses Demyses and Confirmations made by the Kyng the seyd 4th day of Marche or eny tyme sin to eny Persone or Persones of eny of the Premisses in Fee-simple or Fee-taille terme of Lyfe or terme of Yeres under eny of his Seales be from the seid Fest of Ester void and of noo force nor effecte And furthermore it is ordeyned by the seid Advyse Assent and Auctorite That the Kyng from the seid Fest of Ester have take seise hold and joy all Honours Castells Lordshipps Townes Towneshipps Manours Londes Tenâ—mentes Rentes Services Possessions Enheritaments Issues profites and Comoditees which the full noble and famous Prynce Richard veray true and
rightwyse Enheritour to the Reames of Englond and France and Lordshipp of Irelond Fader to the Kyng was seised of to his owne Use and Behoofe the 30th Day of December the 39th Yere of the pretended Reigne of the seid Henry the Sixt. And that the Kyng from the seid Fest of Ester have hold and joy all the seid Honours Castells Lordshipps Townes Towneshipps Manours Londs Tenementes Rentes Services Possessions Enheritaments Issues Profites and Commoditees in like Estate as his seid Fader had theym the seid 30th of December And that all Yefts Grauntes Ratifications Releses Leses Demyses and Confirmations made by the Kyng sin the same 30th Day to eny persone or persones under eny of his Seales of eny of the same Possessions Issues Profites or Comoditees or of eny Lordshippes Manors Londes Tenementes Possessions or Enheritaments wherof eny persone or persones were seised the same 30th Day to the Use and Behoof of his seid Fader or of eny Right Title or Intres of or in eny part of the same or of or in eny of the Premisses which his seid Fader was seised of the seid 30th Day or of eny Pension Rent Anuuitee to be had taken perceyved or levyed of or in eny part therof or of or in eny part whereof eny persone or persones were seised to the Use and Behoof of his seid Fader the seid 30th Day be from the seid Fest of Ester voide and of noo Force nor Effecte And also by the seid Advyse Assent and Auctorite it is ordeyned and stablished That such lawfull Right Title Clayme and Interest be saved and had to every persone and persones of every theyr Heires other than the seid persones atteynted and theyr Heires claymyng in by theym or eny of theym as he or they not atteynted might or shuld have had in eny of the Premisses yf this Acte had not been made otherwyse then by the Kyngs Graunte or eny of his Leâ—tres Patentes or Assignment And furthermore it is odeyned by the seid Advyse Assent and Auctorite That all Yefts made by the Kyng the seid 4th Day of Marche or eny Tyme sin to eny persone or persones of eny Office in Englond Irlond Wales or Marches therof wherupon no Charge hangeth nor nedeth to be of actuel Exercise or Occupation be from the seid Fest of Ester voide and of noo Force nor Effecte Also That all Grauntes made by the Kyng the seid 4th Day of Marche or eny tyme sin to eny persone or persones of eny Office or Offices in Englond Irlond Wales or Marches therof Guysnes Caleys or Marches therof with Fees Wages Profites or Commodities not used and accustomed to the same Office or Offices afore the same 4th Day of Marche be from the seid Fest of Ester as to the seid Fees Wages Profites and Commoditees and every of theym so not used and accustomed voide and of noo Force nor Effecte Also That every Graunte made by the Kyng the seid 4th Day of March or eny time since to eny persone for terme of his Life of the Office of Sarjeant of Armes be from the seid Fest of Ester of noon other Force and Effecte than onely at the Kyngs Will and Pleaser Then follow several Savings much of the like Nature as those in the former Acts as also some Regulations relating to the King's Tenants not material to our present Subject Quae quidem cedula transportata fuit Communibus Regni Angliae in dicto Parliamento existent Cui iidem Communes Assensum suum prebuerunt sub hiis Verbis A toutez lez Actez Provisions desuis Escriptez les Comunes sont assentuz Quibus quidem cedula assensu in Parliamento predicto lectis auditis plenius intellectis de avisamento assensu autoritate predict respondebat eidem in forma sequen Resp Le Roy le voet ovesq lez Provisions Exceptions sur ceo pur luy faitz les tenours de queux cy apres ensuent That is the King consents to the Bill with the ensuing Provisions and Exceptions Then follow a great Number of Savings and Provisions most of 'em for private Persons and much of the same Natures as those of the former Acts. 7 Edw. 4. Rot. Parl. N. 15. And at the closing of the Sessions the King thanks the H. of Commons by the Mouth of the Bishop of Bath and Wells his then Chancellour for this Resumption * Pro suis Laboribus circa dictam Resumptionem ostensis Idem Dominus Rex omnia singula per ipsos Communes declarata desiderata profunde conceperat Anno 13. Edw. 4. There pass'd another Act of Resumption for that either the former had been so ill executed or that the Exceptions had been so many as to frustrate the good Intentions of the House of Commons 13 Edw. 4. Rot. Parl. N. 6. For divers Causes and Considerations concernyng the Honour Estate and Prosperite of the Kyng and also the common We le Defence Surete and Welfare of this Reame and Subgettes of the same It is ordeyned enacted and stablished by Thadvyse and Assent of the Lordes Spirituells and Temporells and by the Commons in this present Parlement assembled and by the Auctorite of the same That the Kyng from the Fest of the Seynt Thomas thappostill that shall be in the Yere of our Lord God One Thousand Fowre Hundred Seventy and Three shall have take seise hold possesse and enjoye all Honours Castelles Lordshipps Manors Londes Tenementes Rentes and Annuitees which he was seised and possessed of in the 4th Day of March the first Yere of his Reign or eny time after by reason of the Corone of Englond in Englond Irlond Wales or Marches therof Guysnes Caleys or Marches therof and also that apperteyned or belonged to him the same 4th Day of Marche or eny tyme sith as parcelle of hys Duchie of Lancastre or by forfaiture of Henry the Sixt late in Dede and not in Right Kyng of Englond And of eny persone atteynted sith the seid 4th Day of Marche by Auctorite of eny Parlement holden sith the same 4th Day of Marche or otherwyse atteynted by the Cours of the Common Lawe of this Lond and passed fro the Kyng undre eny of his Seales to eny persone or persones in Fee-simple or Fee-taille for terme of Lyfe or terme of Yeres or otherwyse by the Kyngs Graunte under his Seales and that the Kyng from the seid Fest of St. Thomas have hold possede and enjoye eny of the Premisses in and of like Estate and Condition as he had theym in the seid 4th Day of Marche or eny tyme after And furthermore It is ordeyned by the seid Advyse Assent and Auctorite That the Kyng from the seid Fest of Seynt Thomas have take seise hold and enjoye all Honours Castells Lordshipps Manoirs Londes Tenements Rentes and Annuitees which the full noble and famous Prynce Richard veray true and rightwyse Enheritour to the Reames of Englond and France and Lordshippe of Irlond Fader to the Kyng was seised of
a Tenth out of their Goods only thrice a Tenth Five Fifteens besides a Tenth and Fifteenth which amounted to 120000 l. Three Subsides of which the last came to but 36000 l. One Benevolence And of the Clergy twice the Tenth and 25000 l. by way of Subsidy and yet Cotton says for which he cites a good * Lib. Acquit in t Regem Dudley R. C. Authority That he left behind him in Bullion Four Millions and a Half besides his Plate and rich Attire of House My Lord †Life of Hen. 7. p. 230. Bacon indeed brings the Sum lower and says it was near Eighteen Hundred Thousand Pounds Sterling But to reckon according to either of these Authors the Sum was prodigious for those Times 'T is true he had very extraordinary Ways of scraping up Money such as Sale of Offices Redemption of Penalties dispensing with the Laws and the like but all these together produc'd only * Answer to the Reasons c. p. 52. 120000 l. per Annum Besides Empson and Dudley the Two Ministers of his Extortions did not commit their Rapines till towards the latter End of his Reign From whence we may reasonably conclude that the Principal Foundation of all this Wealth join'd with his own Parsimony must have been the Crown-Revenue and that the former Acts of Resumption with that which was made in his own Reign which no doubt this frugal Prince took Care to see put in Execution had reduced it to it 's former State and Condition For had no more been left than 5000 l. per Annum there would have been no matter for his Oeconomy to work upon so that we may very well infer that the fore-mentioned Resumptions had reliev'd the King's Affairs and brought the Crown-Revenue once more into a flourishing Condition But Henry the Eighth not only spent the immense Sum left him by his Father but likewise a great Part of that Revenue which came to the Crown by seizing the Abby-Lands which amounted to * Hist of the Reform Part 2. p. 268. 131607 l. 6 s. 4 d. per Ann. However he who considers the History of those Times and how much this Prince made himself the Arbiter of Europe will find his Money was not so unprofitably spent as is vulgarly imagin'd Besides †Ibid. p. 269. great Sums were laid out on building and fortifying many Ports in the Channel and other Parts of England which were rais'd by the Sale of Abby-Lands But notwithstanding the expensive Temper of this Prince he left his Successors very sufficient and substantial Landlords in England For we found in Sir Robert Cotton's Library in a * Cleopatra F. 6. Fol. 51. Book part of which is of that learned Antiquary's own Hand writing and to which King James the First has set his Name James R. which Book contains very many curious Things That the Revenue of the 12th of Elizabeth besides the Wards and Dutchy of Laâ—câ—ster amounted to 188197 l. 4 s. per Annum The Writer of these Papers does not remember to have met with any Thing relating to Resumptions in the Reign of Queen Elizabeth but the Reason why nothing of that Nature should be done in her Time is very obvious her Father had alienated from the Crown a great Part of the Abby-Lands or exchang'd 'em for other Lands as a Multitude of Acts pass'd to that Purpose in his Reign Witness And it was a strong Security to the Protestant Religion and Interest that those Estates should remain in the Hands and Possessions of private Persons A Resumption was thought on in the Reign of King James the First of which the forementioned Tracts of Sir Robert Cotton are a sufficient Evidence Besides in the †Annals of King Jam. p. 10. Annals of those Times 't is said to have been debated in Council But in the Reign of King Charles the Second a Resumption was again agitated for we find in the Journals of the House of Commons Martis 22 Die Maii 1660. A Bill for making void of Grants made since May 1642 of Titles of Honor Mannors Lands Tenements and Hereditaments pass'd under several great Seals by the late King Charles or the King's Majesty that now is or any other great Seal was this Day read the second Time and upon the Question committed c. And as a Mark that these Alienations of the Crown-Revenue were always distasteful to the People of England and to show that the House of Commons desir'd that a new Prince should betimes know the Nation 's Sence in this Matter we shall produce the following Resolves of that Parliament which restor'd King Charles Martis 4 Die Sept. 1660. Resolv'd That this House doth agree with the Committee That a Bill be brought in for Settling the Lands of the Crown so as that no Grant of the Inheritance shall be good in Law nor any Lease for more than Three Lives or One and Thirty Years where a Third Part of the true yearly Value is reserv'd for a Rent as it shall appear upon a Return of a Survey which that Act is to take Order for to be speedily had and taken and that Mr. Sollicitor General and Mr. Serjeant Glyn do prepare and bring in a Bill accordingly Resolv'd That this House doth agree with the Committee That the King's Majesty be humbly desir'd from this House to forbear to make any Leases of the Lands or other Grants of the Revenue of the Crown till the said last mention'd Act be pass'd And the Reason why these good Resolutions took no Effect is not at all difficult to discover 'T is to be fear'd that too many we mean without Doors in those corrupt Times not only were concern'd in the Grant already made but likewise did design as it prov'd afterwards to get for themselves what remain'd of the King's Lands And now for a full Answer to those who pretend Resumptions had never any Effect we shall produce a State of the Crown-Revenue as it lay before the House of Commons the same Year Martis die 4. Sept. 1660. ' Sir Heneage Finch reports from the Committee That according to the best Information the Committee could receive and by Estimate the Revenue amountted to 819398 l. per Annum viz.  l. By Customs 400000. By Composition for the Court of Wards 100000. The Revenue of Farms and Rents 263598. The Office of Postage 21500. The Proceed of Dean Forest 4000. The Imposition on the Sea-Coal exported 8000. Wine-Licenâ—e and other Additions 22300. Total 819398. From which Accompt it appears that notwithstanding the Profusion of Henry the Eighth and the irregular Bounty of K. James the 1st to his Scots the Land-Revenue of the Crown which Anno 28. Hen. 6. when the Parliament made the first formal and regular Resumption was reduc'd to 5000 l. per Annum came afterwards with the Forest of Dean to amount to 267598 l. per Annum Our Princes have seldom been known to purchase Lands The Abby-Lands could not make this
great Increase besides 't is notorious K. Henry the Eighth either sold or gave away a great Part of the Church-Lands From all which it must follow by undeniable Consequence that the fore-mention'd Acts of Resumption did restore the Crown-Revenue consisting in Rents and Farms to the State and Condition wherein it was in the beginning of King Charles the Second's Reign And Lastly For their Satisfaction who pretend Resumptions are against the Fundamentals of our English Law we shall produce the Opinion of a Venerable and Learned Lawyer in this Point 't is taken out of a Book written by Sir John Fortescue Chief Justice of the Common-Pleas in the Reign of Henry the Sixth The Manuscript is in the Bodleian Library at Oxford 't is intituled Sir John Fortescue's Treatise De Dominio Regali and De Dominio Regali Politico But let the Author himself speak with his Old English Heart as well as in his Old English Words CHAP. XI Hereafter ys schewyd what of the Kyng's Lyvelood geven away may best be takyn ageyne Bib. Bodl. Digh. 145 The Kyng our Souveraign Lord had by times sethen he Reyned upon us Lyvelood in Lordshipps Londs Tenements and Rents nere hand to the Value of the 5th Part of his Realme above the Possessions of the Chirche by whiche Lyvelood if it had abydyn still in his Hands he had been more mighty of good Revenues than any of the sayd Two Kyngs sc the Kyng of France or the Sowdan of Babylon or any Kyng that now reyneth upon Cristen Men. But this was not possible to have done for to sum parte thereof the Heyres of them that sum time owyd it be restored sum by reason of Taylys sum by reason of other Tytles which the Kyng hath considered and thought them good and reasonable And sum of the same Lyvelood hys good Grace hath gyven to such as hath servyd him so notably that as their Renown will be eternal so it befetteth the Kyngs Magnificence to make their Rewards everlasting in their Heyres to his Honour and their perpetual Memory And also the Kyng hath gyven parte of Lyvelood to his most honourable Brethren which not onley have servid hym in the manner aforesaid but byn also so nygh in Blode to his Highnesse that it befet not his Magnificence to have done otherwise Neverthelesse some Men have done hym Service for which it is reasonable that his Grace had rewardyd them and for lack of Money the Kyng than rewarded them with Lond And to sum Men he hath done yn likewise above their Demerits thorow Importunite of their Sewtes And yt is supposyd that to some of them is gyven a C l. worth Lond yerely that would have hould him content with CC l. in Money if they might have had it in hande wherefore yt is thought yf such Giftes and namely those which have byn made inconsyderately or above the Merits of then that have them ware reformyd and they rewardyd with Money or Offices or somewhat Lyvelood for terme of Life which after their Deths wold then return to the Crown the Kyng schuld have such Lyvelood as we now seke for sufficient for the Maintenance of his Estate And yf yt would not then be so grete I hold yt for undoubtyd that the People of this Lond wol be wyllyng to graunte hym a Snbsidye upon such Commodities of his Realm as be before specifyd as schal accomplish that which schal lack him of such Lyvelood So that his Highnesse wol wel establish the same Lyvelood then remaynyng to abide perpetually to his Crown without translatyng therof to any other Use For when that schal happyn hereafter to be given hytte schal nede that his Commons be chargyd with a newe Subsidye and be alwaye kepte in Povertie Hereafter ys schewyd why yt needeth that there be a Resumption We found by grete Causys yt was nedefull that all such Gyftes as have ben made of the Kynges Lyvelood inconsyderately as not deservyd or above the Merites of them that hath getyn them were reformyd so that they which have done Service be not over rewardyd which thyng as me thynketh may not perfitly be done without a general Resumption made by Act of Parlement And that ther be gevyn the Kynge by the Auctorite of the same Parlement a grete Subsidye with which his Highness with the Advice of his Counceil may reward those that have deservyd rewards and ought not therefore to have parte of his Revenues by which his Estate must nedes be mainteyned or ought not to have so much of the Revenues as they have now or not so grete Estate in the same Consyderyng that all such geving away of the Kynges Lyvelood is harmfull to all his Leige Men which schal therbye as is before schewyd be artyd to a new Charge for the Sustentation of his Estate But yet or any such Resumption be made yt schal be good that an honorable and notable Counceil be establyshyd by the advyse of which all new Gyftes and Rewards may be moderyd and made as yf no such Gyftes or Rewards had ben made before this time Provyded alway that no Man be harmyd by reason of such Resumption in the Arrearages oâ— such Lyvelood as he schal then have which schold ron after the Resumption and before the sayd new Gyftes and Rewards And when such a Counceil is fully create and establyshyd hyt schal be good that all Supplications which schal be made to the Kynge for any Gyfte or Reward be sent to the same Counceil and ther debatyd and delibered First whither the Suppliant have deservyd such Reward as he askyth and yf he have deservyd yt yet yt nedeth that yt be delibered whether the Kynge may gyve such Rewards as he asketh of his Revenues savyng to hymself sufficient for the Sustenaunce of his Estate or else such gevyng war no Vertue but rather a Spice of Prodigality and as for so much it war delapidation of his Crown Wherfor no private Person wol by reason of liberalite or of reward so abate his own Lyvelood as he may not kepe such Estate as he did before And truly it war better that a private Person lackyd his Reward which he hath wel deservyd than that by his Reward the good Publicke and also the Lond were hurt Wherfor to eschewe these two Harmes hyt may than be advysyd by the Counceil how such a person may be rewardyd with Office Money Marriage Fraunchise Privilege or such other thyng of which the Crown hath grete Rychesse and veryly if thys Order be kepte the Kynge schal not be be grevyd by importunyte of Sewters nor they schal by importunyte or brocage optain any unreasonable desires O what myghty quiet schal growe to the Kynge by this Order and in what rest schal al hys People lyve havyng no Colour of grutchyng with such as schal be about hys Person As they were wont to have for the gyvyng away of his Londs and for miscounceiling hym in many other Causis nor of
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
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
England And what succeeded to this unfortunate Prince upon such an extraordinary Act of Violence is but too manifest The Ministers and Promoters of all the Irregularities committed by that King were the two Spencers Earls of Winchester and Glocester who were put to death in a tumultuous manner * Col. 2547. Knyghton indeed says the Earl of Glocester was arraign'd before Sir William Trussel Justiciarie Dominus Hugo Spencer ductus coram domino Willielmo Trussell Justiciario areniatus est coram eo ad Barrum One of the principal Heads of the Accusation against Hugh Spencer was for that he had advised the King to give and grant unto the false Traitor the Earl of Winchester Andrew Harkely and to himself Lands appertaining to the Crown in disherison thereof * Kâ—yghâ—on Col. 2548. Hugh apres celle maveiste vous Consellastes nostre Seignour le Roy en desheritaunce de sa Coronne a doner vostre Piere que fuist faux Traytour le Conte de Wyncestre Andrewe de Harkely Traytour notorye attaynte le Conte de Cardoyle Et a vous Hugh la Terre de Cantermaure altres Terres que furont proprement Appurtenancez a la Coronne For which and for other Crimes he was condemned and Executed Among the Articles exhibited in Parliament Anno 4. Edw. 3. against Roger Mortimer Earl of March two of 'em are for procuring to himself Grants of the Crown-Revenue That he caused the King to make him Earl of March and to give Him and his Heirs many Lands in Disherison of the Crown And that the said Roger caused the King to give to Him and his Children and Confederates Castles Towns Mannors and Franchises in England Ireland and Wales in decrease of the Revenues of the Crown Judicium Rogeri de Mortimer * Rot. Parl. 4 Edw. 3. Et a mesme le Parlement per son dit Royal Poer a luy accroche fist tante qe nostre Seignour le Roy luy fist Conte de la Marchie luy dona plusours Terres a luy a ses Heirs en desheritance nostre dit Seignour le Roy de sa Corone Item le dit Roger per son Royal Poer a luy accroche fist le Roy doner a luy a ses Enfantz a ses Alliez Chastelx Villes Manoirs Franchises en Engleterre Irland Gales en decrese de sa Corone Rot. ibid For this and for other Crimes of which some were judg'd to amount to Treason he was condemned to be hang'd at Tyburn and the Sheriffs of London were order'd to attend the Execution In the 10th of Richard II. Michael de la Pool Earl of Suffolk was Impeach'd in Parliament upon several Articles the Principal of which was For that being Lord Chancellor and sworn to promote the King's Profit he had purchas'd of the King Lands Tenements and Rents of a great Value against his Oath and such Grants being more than he deserv'd considering the great Poverty of the King and Kingdom To which he answer'd that he had no Lands of the King but since his being created Earl and that by way of Exchange To which the Commons reply'd by showing the Oath he took when he was made Lord Chancellor the Effect whereof was for doing Justice observing the Laws Councelling the King and not to suffer any Damage or Disherison of the Crown and that by all means he should promote the King's Profit And hereupon because he confess'd the Gift of the Lands to him whilst he was Chancellor and that during the same time the Exchange was made of good Lands for a Casual Custom at the Port of Hull they inferr'd that the same was not for the King's Profit according to the Tenor of the Chancellor's Oath And therefore they pray Judgment The Judgment against the said Earl was That for Breach of his Oath all the said Mannors and Hereditaments which he had of the King's Gift should be seiz'd into the King's Hands together with all the mean Profits saving to the Earl his 20 l. per Annum Creation-Mony in the County of Suffolk But take the Words of the Record as far forth as they relate to the present Matter Rot. Parl. 10 Ri. 2. P. 1. Num. 1. Premierement qe le dit Conte estant Chanceller jure de faire le Profit du Roy purchassa de nostre Seignour le Roy Terres Tenements et Rents a grand value come piert per Recordes Rolles de la Chancellerie encontre son serment La ou il n'avoit tant desservi considerez la grante necessite du Roy et du Royalme et outre ce a cause qe le dit Conte fust Chanceller au temps du dit Purchasse faite les dites Terres et Tenements furent extendus a meindre value qils ne veillent per an per grant some en deceite du Roy. Rot. ibid. Nu. 6. Qand al premier Article de son Empechement cest assavoir depuis qil estoit Chanceller qil deust purchasser certeins Terres du Roy c. Le dit Conte respond qe depuis qil fust Chanceller il ne purchassa unqes nulles Terres ne Tenements du Roy ne le Roy luy donna ne al nully des soins nulles Terres ne Tenements tant qe aux temps qe le Roy fist prendre l'estat du Conte mes per voie de verrai Exchange Cest assavoir qe come le dit Conte avoit CCCC Marcs annuelx sur la Custume de Kyngston sur Hull per descente de Heritage pur qeux il pleust au Roy d assigner au dit Conte Terres et Tenements a la value et assignee et ordonna partie devant qil fust Chanceller et partie depuis et ce au profit du Roy si bien annuellement come par Cause de une Some de mille Marcs paiees ou Roy per le dit Conte pour celle cause c. Then he proceeds to give several Particulars of the Agreement and to set forth his Merits and that the King made him take the Honour of Earl upon him without his seeking and how he was persuaded to be Chancellor But it seems the Parliament did not take his Answer to be sufficient for the Commons reply'd in the Words following Rot. ibid. Num. 8. Et les Communes replians al responce du dit Conte del premier Article Monstrent as Seignours la Copie de son serment fait qant il fust Creez Chanceller en maniere quensuit Vous Jurrez qe bien et Loyallement servirez a nostre Seignour le Roy et a son People en l office de Chanceller et droit feres as toutes Gens pouvres et riches seloncles lois et usages du Royalme et loyalement conseillerez le Roy et son Conseil sellerez et qe vous ne saverez ne sufferez le damage ne desberitison le Roy ne qe les droitures de la Corone soient destruits per nulle
Kingdom came to be loaded with Taxes and Impositions 5 Art Item per le dit Acrochement les avantdits Robert de Verr Duc d Irland Michael de la Pool Conte de Suffolk per assent Conseil du dit Alesandre Ercevesqe Deverwik ont fait qe nostre Seignour le Roy sans Assent du Royalme ou desert de eux lour a done per lours abettements diverses Seignouries Chastelx Villes Manoirs si bâ—en anexes a sa Corone come autres sy come la Terre de Irland de Okeham ove les Forests dicelle autres Terres qe furent al Seignour d Audeley autres Grants Terres au dit Robert Verr Duc d Irland as autres diversement peront ils sont grandement Enriches le Roy est devenu pouvre ne ad dont iâ— se pourra soutenir porter les Charges du Royaliâ—â—â— sinon per Impositions Taxes ou Tributs â—ettre prendre sur son People en dâ—shiritison de sa Corone en defeasance de son Royalme 6 Art Item par le dit Acrochement les avandits Alexandre Ercevesqe Dewerwik Robert de Verr Duc d Irland Michael de la Pool Cont de Suffolk et per assent et counseil desdits Robert Tresilian faux Justice Nicholas Brembe Chevalier de Londres ont fait qe nostre Seignour le Roy a donne divers Manoirs Terres et Tenements Rents Offices Ballies as diverses autres Persones de lour Affinite et as autres diverses Persones des qeux ils ont pris grands dons pur Brocage pur yâ—elle cause et auxi pur Cause a tenir avec eux en lour faux qerelles et purposes en defeasance du Roy et de son Royalme sy come est de Sir Robert Manseil Clerk Johan Blake Thomas Usqe et autres diversement 7 Art Item Robert de Verr Duc d Irland Michael de la Pool Cont de Suffolk et Alesandre Ercevesqe Deverwick per assent et counseil de dit Nicholas Brembre faux Chevalier de Londres acrochants a eux royal Poer ont fait qe nostre dit Seignour le Roy lour a â—â—nne tres grands somes dor et d argent sy bien de ses biens et Joiaux propres coâ—e 〈◊〉 biens et Tresor du Royalme sy come des Dismes Quinsismes et autres Taxes grantez as diverses Parlements pur estre exploites en deffence et sauvegarde du Royalme et autrement qelle some amonte cent mille Marcs et plus sy come au dit Robert de Verr Duc d Irland et autres diversement et outre ceo plusioures bones Ordinances et Purposes faits et ordeinez en Parlement sy bien pur les Gurres come en defence du Royalme ont ilz destourbes en grande Arrerisement du Roy et du Royalme The Persons accus'd were sommon'd to answer to the 39 Articles and not appearing the Duke of Gloucester and the other Lords Appellants pray the Non-appearance may be recorded * Rot. Parl. 11 Riâ—â— 2. P. 3. m. 14. Ilz feurent demandez solemnement en le grande sale de Westminster et auxint a la grande porte du Palois de Westminster de venir respondre c. Le Duc et Cont Appellants prient au dit Roy nostre Seignour et aux dits Seignours du Parlement qils violent Recorder le defaulte c. After which the King and the Lords took time to deliberate upon the Matter Then the Judges Serjeants and Civilians were call'd for to deliver their Opinions in Law who said the Appeal was not in the Forms requir'd either by the Common or Civil Law To which the Lord 's answer'd That the High Court of Parliament was not bound up to the Forms and Rules of the Courts below But take the Words of the Record it self * Rot. ibid. A qel temps les Justices et Sergeants et autres Sages de Ley du Royalme et auxint les sages de la Ley Civille furent Chargez de par le Roy nostre dit Seignour de doner loyal Conseil as Seignours du Parlement de deuement proceder en la cause de le susdit Appel les quex Justices Sergeants et Sages de la Ley du Royalme et auxint les dits Sages de la Ley Civille pristont ent deliberation et respondront as dits Seignours du Parlement qils avoient veue et bien entendu la Tenour du dit Appel et disoient qe mesme le Appel ne feust pas fait ne affirme selonc l ordre qe lune Ley ou lautre requiert Surqoy les dits Seignours du Parlement pristront ent deliberation et avisement et per assent du Roy nostre dit Seignour et de lour Commun accord estoit declare qe en si haute crime come est pretendu en cest Appel qe touche la Persone du Roy nostre dit Seignour et l estat de tout son Royalme perpetre per persones qe sont Peers du Royalme ovesqe autres le cause ne sera aillours deduit qe en Parlement ne per autre Ley qe Ley et cours du Parlement et qil appertient as Seigneurs du Parlement et a lour Franchise et Libertee d' auncien Custume du Parlement destres Jugges en tieux case et de tieux case ajugger per assent du Roy et qe ensy sera fait en cest Cas per Agarde du Parlement Purceqe le Royalme d Engleterre ne estoit devant ces heures ne a lentent du Roy nostre dit Seignour et Seignours du Parlement onqe ne sera rule ne governe per la Ley Civille et auxint lour entent uest pas de ruler ou Gouverner si haute cause come cest Appel est qe ne sera aillours trie ne termine qen Parlement come dit est per cours Processe et ordre usee en ascun Court plus bas deinse mesme le Royalme qeux Courts et Places ne sont qe Executors d ancienes Leys et Custumes du Royalme et Ordinances et establissements du Parlement Et fust avis au mesmes les Seignours du Palement per assent du Roy nostre dit Seignour qe cest Appel fuist fait et asirme bien et asses duement et le Processe dicelle bone et effectuell selonc les Leys et Cours du Parlement et per tiel lagarderont et adjugeront Et a mesme jour le Roy nostre dit Seignour et Seignours du Parlement seants en la dite blanche sale en plein Parlement les ditz Appellants prieront qe le Defaute des ditz Ercevesqe Duc Cont et Robert Tresilian Appellees comme devant feuse Recorde After which the Persons accus'd were again summon'd and appear'd not but alledged as we may suppose by their Council for here the Record is silent That they had not sufficient Notice of the Matter contain'd in the Appeal Upon which the Parliament
in it if you will take in all the Grants since the Restoration of King Charles the Second But few are so short sighted as not to see into this Artifice such as are for making their Resumption so large desire none at all and would engage a great many different Titles to oppose it If it could possibly consist with the Rules of Justice if to do so would not produce unspeakable Disorders if it would not utterly ruin a great number of Families no doubt the Publick labouring under so many Debts and Difficulties such a general Resumption would be advisable all which are strong Objections to the making it so extensive To which may be answer'd that the same Inconveniences will happen by resuming the Irish Forfeitures we shall therefore try to shew how the Cases differ But to clear these Points we must repeat some things that have been laid down in the foregoing part of this Discourse That the Kings of this Realm have always prescribed a Power of alienating the Crown-Revenue by their Great Seals That it would not have been convenient in the beginning of this Constitution to have bound up the Prince's Hands from all kind of Alienations for then by Forfeitures and Attainders in process of time the King would have been Lord of the whole Soil That however Parliments by Petitions Bills or Acts of Resumption have all along laid in a claim of the People's Interest in this Revenue especially when the Grants were become exorbitant That the Wasts committed upon the Crown-Revenue produced at last viz. 11. Hen. 4. a positive Law porhibiting these sort of Alienations That the force of the Law was evaded by Clauses of non obstante incerted in the Letters Patents That these Clauses seem condemn'd by the late Act for declaring the Rights and Liberties of the Subjects When King Charles the 2d came in the Doctrine of the Court was sow a little that you may reap much and they who were then intrusted with the Nation 's Purse were themselves for diving into the Princes Pocket And at the same time the Doctrine of Westminster Hall was to advance the Prerogative as high as possible thus the King was perswaded to give away the greatest part of his Crown Lands and by the Proceedings of Westminster Hall the People were encouraged to think such Grants were good in Law the Courtier begg'd and the Citizen bought so that immediately he was in a manner divested of all and yet they who had suffer'd for him and his Father were few of 'em the better for all this immoderate Bounty These Liberalities of his were not bestow'd as the Recompence of antient Merit but were often the Price of Treachery and the Rewards of Vice And as Cyrus observ'd that in Camps the most worthless Souldiers are the busiest to get Plunder so the same thing may be said of a Court expos'd to Spoil the worst Men in it are the most ravenous and generally make the best Advantages The Observation we have now made did apparently hold true as to King Charles's Court however ill-gotten Goods seldom thrive and very little of what was thus obtain'd remains with the first Possessors but is now dispers'd into a Multitude of Hands Though what he did was so prejudicial to the Crown yet such was then the flourishing Condition of our Affairs that we could bear a great deal of ill Management Besides some were glad enough to see a young Prince necessitated to depend upon his People who was apprehended to meditate arbitrary Power But whatever govern'd the Councels of those times certain it is that there was no actual Bar put in the Way of his destructive Bounty 'T is true as we have noted in the third Section 't was complain'd of but all ended in an Address which had very little in it of the Spirit which our Ancestors had shewn upon the like Occasions Leave was given at the beginning of that Reign to bring in a Bill of Resumption A Bill was twice read to regulate and restrain such Alienations and an Address was thereupon made but no consequence following upon all this the People of England had reason to believe that the Parliament acquiesced in what was done at Court The matter did not only Sleep then but was not as we can find afterwards reviv'd and for many Years it was hardly mention'd in the House of Commons insomuch that Estates though so newly deriv'd from the Crown came in a short space of Time to bear almost an equal value with any other sort of Land But if as in ancient times such a Proceeding of the Court had been complain'd of from Sessions to Sessions if as heretofore the Ministers that procured the Grants had been impeach'd if Bills of Resumption had been frequently offer'd though rejected such Motions would have been some Warning to the Nation the Purchasers would have look'd about 'em every Man must have known the Hazzard he was to undergo and he can only accuse himself who will run into it when before hand he is acquainted with the Danger But the Legislative Authority continuing so long silent in the matter and the Lawyers of those times making no Objection to Titles of this Sort depending upon their Ex certa Scientia mero Mortu Gratia speciali and yet more upon their Clauses of non obstante the People were induced to think they might as safely make these as any other Sort of Purchases Hence it was that what belong'd to the Crown but so lately came to be a matter of Publick Traffick among the People insomuch that the whole Fortune of very many Families is therein embark'd What Cato said is indeed true if rightly distinguish'd that there ought to be no praescription against the Publick Plut. vit Cat. Neâ— Mortales contra Deum immortalem nec privatos contra Rempublicam praescribere posse This holds without doubt when private Men get fraudulently or by Force into Possession of what belongs to the Publick and at the beginning were Possessores mala Fide which length of time ought not to purge But in a mixt Government if one Part of the State suffers the other Part to alienate what the whole have an Interest in and if the said Part had power and Opportunity to make an Opposition and yet made none it implies such a Consent as according to the Law of Nations and the Rules of Justice ought to indemnifie to all Intents and Purposes the Possessor bona fide and the Purchaser upon a valuable Consideration Grotius Dc Jure Belli ac Pacis l. 2. Cap. 6. n. 10. speaking upon Alienations says * Inconsulto vero Populo Rex id non potest si maneamus inter terminos naturales quia juris temporarii quale est Regnum electorum aut lege succedentium ad Imperium effectus nisi temporarii esse non possunt potuit tamen Populi ut expressus consensus ita tacitus consuetudine introductus qualem nunc passim vigere cernimus id
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