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
de vivre morir ovesqe lui encountre touts Gentz ceo par le Tresor qe il purchace de jour en jour enseignurant surlestate le Roy de la Corone en destruction du Roi du Peuple especialment enloignant le cuer le Seignour de ces liges Gentz en despisant lours Counseils nient soeffrant bons Ministers faire ley de Terre en ostant les bons Ministers mettant ceux de sa Covine ausi biens Aliens come autres qi a sa volunt a son commandment offendent droit et ley de Terre en parnant Terres Tenements et Baillies du Roi a lui et a ses Heires Et ad fait qe le Roi ad done Terres Tenements de sa Corone as divers Gentz a grand damage et decrese de l Estate le Roi et de sa Corone Et ceo ausi bien puis l ordeinement qe le Roi granta as Ordeinours de faire au profit de li et de son People come devant encountre l ordeinement des Ordeinours Et maintient Robbeours Homicides et les fait avoir le chartre le Roi de Peez en donant hardement a mesfeseurs de pis faire et menant le Roi en Terre de Guerre sauz commun assent de son Barnage en peril de son Corps et en destruction du Roialme Et en fesant sealer blanches Chartres desoutz le Grand Seal le Roi en deceit et desheritance du Roy et de sa Corone et encontre son Homage et felonesement fauxment et treterousment ad fait les choses susdites a grand dishonour et damage du Roi et desheritison de la Corone et a destruction du People in moults maners Et ovesqe ceo nous eantz regard a lez faits le tresnable Roi Pere le Roi qore est par qi Agard lavant dit Pieres forsjura le Roialme d Engleterre et voleit qe nostre Seignour le Roi son Fitz forjurast a touz jours la Campaigne de lui et qi puis par comun assent de tout le Roialme et du Roi et de lui mesmes les Prelatz Counts et Barouns autrefoitz estoit agardez de meisme le Roialme voider et voida et qe son retorner nestoit unqes par comun assent mes solement par assent des ascuns persons qi souz Condition si bien se portast apres son retourner a ce se assentirent Et ore certainement est troves son mal port pur qeuâ—port et pur Les grandes mauvaisetees Susdites et pur plusors autres qe purront aveiner a nostre Seignour le Roi et a son People et pur bon accord nurrer entre le Roi et ses Gentz et moltes maniers de discordes et perils eschuire Nous ordeinous par vertue de la Commission nostre Seignour le Roi a nous grantee qe Pieres de Gaveston come apiert Enemy le Roy et de son People soit de tout exiles auxi bien hors de Roialme d Engleterre d Escoce d Irland et de Galles come de â—oâ—e la Seignourie nostre Seignour le Roy auxi bien dela la mere come de cea a touz jourz sans james returner et qil voide le Roailme d Engleterre et totes les Terres susdites et tout outriment la Seignourie nostre Seignour le Roi entre ci et la Fest de toutz Seintz prochein avenir Et luy donons Port a Dover en la forme susdite et nuelle parte aillours a passer et a voider Et si le dit Pieres demoerge en le Roialme d Engleterre ou uuelle parte aillours en la Seignourie nostre Seignour le Roi outre la dit jour qe done luy est de voider et de passer come est susdite Adunqe soit fait de luy come del Enemy du Roi et du Roialme et de son People Et qe touz ceux qi desormes voant encontre cest ordeinement en droit du dit Exile ove le peine qe sensuit soit fait de eux solone ceo qe y appent si de ceo soint atteintz Pieres Gaveston at first was a Man only in the King's Pleasures but as weak Princes often remove Men from their Pleasures into their Business so Gaveston became presently a Minister of State For the Records show that he was Guardian and Lieutenant of the Kingdom in the King's Absence with very immoderate Powers and afterwards he was constituted * Pat. 1. Ed. 2. m. 3. Lieutenant of Ireland but the extravagant Honours and Favours conferr'd upon him and the Lands he got from the King drew as all our Historians witness the Indignation of the Parliament upon him †Walsing p. 99. Tho. Walsingham says that the Barons Librato utrobique Periculo inveniunt quod vivente Petro esse non poterit Pax in Regno nec Rex abundare Thesauro And so they never rested till he was banish'd the Kingdom * 5 Edw. 2. Rot. Parl. Nu. 22. In the same Parliament Henry de Beaumont was likewise accus'd for that to the damage and dishonour of the King he had receiv'd the Kingdom of Man which the Lords whom the King had consented should be of his standing Council thought fit should remain to the Crown And for that he had procur'd from the King to himself other Rents Lands Franchises and Offices And for that he had procur'd for others the Grants of Lands Rents Tenements Franchises and Offices And for that he had given evil Council to the King contrary to his Oath For all which the Judgment upon him was That he should be outed the King's Council for ever and not come near the King's Person unless he were summon'd to Parliament or call'd upon to attend the King in his Wars Or unless it were by common Assent of Archbishops Bishops Earls and Barons in full Parliament and that all his other Lands should be seiz'd into the King's Hands until the King should be satisfy'd the full value of what he had receiv'd from those Lands so granted to him by the King It seems likewise that in this Reign the Ladies were Begging and Intreaguing at Court For the Lady Vescey was * Rot. ibid. Nu. 23. accus'd for having prevail'd upon the King to give Sir Henry Beaumont her Brother and to others Lands Franchises and Offices to the Damage and Dishonour of the King for which she was order'd to repair to her own House without ever returning to Court to make stay there 'T is true as we have noted before the King got this whole Act repeal'd at the Parliament held at York 15 Edw. 2. but it was just after he had made a War upon his People and put to Death the * Tho. Walsing p. 116. Earl of Lancaster of the Blood Royal and Eleven or Twelve of the other Peers of
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
de lour partie disoient outre mesme les Communes a nostre dit Seignour le Roy qe cestes matiers ensi faits accomplez en cest Parlement il lour troveroit foialx naturelx liges devers luy de parfaire son plaisir voloir a lour poiar par le aide de Dieux 'T is probable this seasonable Care of the House of Commons rescued for that time the Lands belonging to Windsor Castle for from that time these Lands continu'd in the Demeans of the Crown till very lately And some Years after Viz. Anno 31. Hen. VIII there pass'd an Act of Parliament expresly to Annex several Mannors by name to the Castle and Honour of Windsor not to be alienated from it so carefull were our Ancestors that this Noble and antientt Seat of our Kings should have some Revenue to keep the House and Parks in good repair In the same Year of Hen. IV. the Commons rehearsing how King Edward III. in the Parliament Holden in the 11th of his Reign Created his Eldest Son Duke of Cornwal and the same Dukedom annex'd to the Crown with divers Hereditaments by his Letters Patents by Authority of the same never to be Dismembred or Sold away They therefore Pray the King to resume and seize and so to unite again to the said Dutchy such Lands as were Sold away by Prince Edward King Richard or by the King himself * Rot. Par. 5 Hen. IV. N â— 22. versus Finem Non obstants Encorporation oâ— Union de qel Duchee per une haute Aâ—thorite ensi perfaite puis encea est dâ—membrez siâ—bien per diverses Alienatâ—ons faitz per le avant dit Edw. nadgaires Prince come per le darreine Roy Richard qe fuist per vous Qe pleise a vous de vostre haute discretion ove le Avis de tous Seignours eâ—prituelx temporelx en cest presenâ— Parlement Assemblez considerantz lâ— Union dudit Duchee en la manere avantdite fait de requiler tout ceo â—â—dedit Duchee est demembrez per Aâ—thorite de Parlement de reseiser rejoindre a dit Duchee come il fust a devanâ— non obstant ascune Alienation Qele Petition lue entendue fuisâ— respondus en les parolles quensuent Resp Accordez est per le Roy les Seignours en Parlement qe le dit Mounseignour le Prince per lavys de son Counâ—eil eit briefs de Scir fac Ou autre recoverer le mieltz qil avoir purra par les Estatutes leys du Roialme solonc ceo qe le cas requiert c. Wherein shall be allow'd no Protection or Praying in Aid of the King unless it be for Sir John Cornwale and Eliz. his Wife late Wife of John Holland Earl of Huntington and for such Persons to whom the King is bound by Warrantie Sinon en cas qe le Roy soit expressement tenuza la Grantie c. Rot. Par. 6 Hen. IV. N â— 14. Anno 6. Hen. IV. The Commons Pray That the King would resume the Crown-Lands Pleise a tres Excellent tres redoute Seignour Nostre Seignour le Roy pur profit du Roy encresce de sa Corone supportation des pauvres Communes de vostre Royalme Dengleterre granter les Petitions qensuent Pur ceo qe la Corone del Roialme Dengleterre est grantement emblemissez anientissez per grandez outrageouses dons faits as diverses Persones si bien esprituelx comme temporelx des Terres Tenements Fee Fermes Franchises Libertees autre Possessions dycelles Soit ordeigne en cest present Parlement pur profit du Roy du Roialme supportation des Communes qe tous Chateaux Manoirs Seignouries Terres Tenements Fees Advoesons Fee Fermes Annuitees Franchises Libertees Custumes queux fuerent membre parcelle Dancienne Inheritance de la dite Corone le an du Regne le Roy Edward Aiel nostre Seignour le Roy qorest quarantisme puis en cea soint ils donez a terme de vie ou a terme de ans en Fee simple ou en Fee taile ou sur Condition ou as Seignours Esprituelx a eux a lour Successours forsprises Gardes Marriages Eschetes horspris ceo qest assigne a Reigne en Dower soint entierement resumes repris seises es maines notre Seignour le Roy rejointz al Corone avant dite a y celle perpetuelment demeurer sans ent per aucune voie ou ymagination estre severez dicelle en temps avenir forsqe ceux qont tieux dons ou Grants qe furent parcelle del dite Corone le dit an quarantisme ou depuis per Chartre especiale faite par Authority de Parlement Et qe nulles Persones du Roialme de qel estat ou Condition qils soient ne eient tenient ne enjoient parcelle del Corone avant dite de ancienne enheritance dicelle alienez grantez ou donez puis le dit an quarantisme sans Authoritee de Parlement sur peine de incurrer la Forfeiture dicelles Terres Tenements ensy parcelle del dit Corone Emprisonement per trois ans Et qe nul Officier de nostre Seignour le Roy face ne mette en execution aucune tiele donne ou Grant en Temps avenir sur peine de perdre son Office de forfaire qanqe il purra forfaire envers notre Seignour le Roy le Emprisonement de trois Ans Et qe toutes Maneres de Persones ou Officers Ministres du Roys qeux ont auscun don ou Grant des ascuns tieux Chastelx Seignouries Manoires Terres Tenements Fees Advoesons Fee Fermes Annuites Franchises Libertees Custumes suisditz qeux issint sont parcelle dancienne Inheritance de la dite Corone apres ceo qe les Paiements Affaires pur le Houstiel du Roy ses Chambres Garderobes soient pleinement paiez ou assignes la Reigne paiez de sa Dower duement endowez soient recompensez a la volontee du Roy de la surplusage residue des Ferms annuitez suisditz Purveux toutezfoitz qe toutes les Seignours esprituelx temporelx qi ont aucunes Libertees Franchises de don nostre Seignour le Roy qorest oâ— de ses Progenitours puis le dit an qarantisme paient Fee Ferm a la verray value pour ycelles ou ent rendent due accompte al Oeps notre Seignour le Roy chescun an a son Eschequer aussi tous les Citees Burghs deins le Royalme Dengleterre qont Franchises Libertees du Grant nostre Seignour le Roy ou de ses Progenitours Roys Dengleterre confirmez per nostre Seignour le Roy qorest pur Fee fermes annuellement a paie a nostre Seignour le Roy ou qont fait fyn pur y ceux Franchises avoir a nostre Seignour le Roy qorest ou a ses Progenitours ne soint oustez ne disheritez de lour Franchises
again accus'd Articles exhibited against him for procuring Grants of the Crown-Revenues The Judgmeut The Record 324 Symon de Beurle Lord Chamberlain impeach'd by the Commons among other Crimes for having perswaded the King to make Grants of the Crown-Revenue to Foreigners The Record 333 The First Article against Richard the Second when he was Abdicated That he had given the Possessions of the Crown to Persons unworthy 338 William de la Pool Duke of Suffolk impeach'd by the Commons 28 Hen. 6. for having procur'd to himself and those of his Alliance and Party Grants of the Crown-Revenue from 340 to 352 The Judgment against him 353 An Act of Resumption could not be obtain'd till the corrupt Minister was impeach'd and banish'd 356 Articles against the Duke of Buckingham 385 to 364 Character of the Duke of Buckingham 365 How Favourites since have differ'd from him 366 An Article against the Earl os Strafford ibid. An Article against the Lord Chancellor Clarendon 367 Articles against the Earl of Arlington 368 369 Articles against the Earl of Danby Lord Treasurer of England 370 371 How a Statesman is to behave himself when he finds his Prince in danger of being hurt by his Liberalities 373 A Minister who cannot prevent the doing of irregular Things ought to quit his Employment what Simon Normannus did upon the like Occasion 374 A faithful Minister ought to be contented with moderate Rewards 378 Why Attaindures have been repeal'd in England 380 Other Countries as well as England have resum'd the Crown-Revenues The Authorities for it cited by Grotius 380 381 Male-Administration in the publick Revenues punish'd in other Countries 381 The Crimen Peculatus ibid. In France several have been capitally punish'd for Frauds committed in the King's Revenue 382 Girard de Possi made a Restitution of his own accord ibid Engherand le Portier punish'd capitally for Frauds committed in the Revenue 383 Peter de Remy Sieur de Montigny pnnish'd in the same Manner 384 John de Montaigu capitally punish'd for the same Crime Mezeray's Character and Description of this Man 384 385 SECT V. That the Forfeited Estates in Ireland ought to be applied towards Payment of the Publick Debts AN Accompt of the Deficiencies 387 388 The Nation engaged in Honour to make 'em good 389 Fonds very difficult to find ibid. The usual Ways and Means of raising Money considered 390 Remote Fonds dangerous to Liberty 391 Of Exchequer Bills ibid. Whither a Resumption of the late Grants especially the forfeited Estates in Ireland may not save England the Land-Tax 393 Three Points therein to be consider'd 1st How far it may be consistant with the Honour of a Prince to promote an Act of Resumption 394 The most Magnanimous of our Kings the most free in doing good to the People Examples of it 394 395 Henry the 4th desired his Privy-Council might be nam'd and appointed in Parliament The Record 395 Good Kings frugal of the Nations Treasure Examples of it 397 Galant Princes desire to make their People easie instanc'd in Henry the 4th of France ibid. Clamorous Debts dishonourable to a Prince 401 How many great and warlike Kings in England have resum'd 402 2dly What Interest the People of England have in the Lands granted away 403 How far a Prince can alienate c. The Opinion of several eminent Civilians in the Case 403 404 What a Prince conquers at his private Expence is at his own Disposal 407 But 't is otherwise if the Expedition be made at the common Expence of his People 409 An Accompt of the Expences for the Reduction of Ireland 410 411 The Four Millions expended in this War give the People of England a Title to the Irish Forfeitures 411 Whether this Title be lost or laps'd for want of putting in a Claim 416 Proceedings in Parliament in relation to the Irish Forfeitures 417 to 427 3dly How far in an Act of Resumption it is just and reasonable to look backwards 428 How the Presidents run 428 to 430 The generality of the Presidents reach only to the present or the Reign immediately preceding 431 Whether by the Rules of Justice the Grants made by King Charles the Second may be resumed 440 441 The Difference stated between his Grants and these lately made 442 to 444 Conclusion 446 ADVERTISEMENT THis BOOK having been Printed off in haste some Litteral Errors may probably have escaped Correction which the Reader is desir'd to amend with his Pen. BOOKS Printed for and sold by J. Knapton at the Crown in St. Paul's Church-yard DIscourses on the Publick Revenues and on the Trade of England In Two Parts viz. I. Of the Use of Political Arithmetick in all Considerations about the Revenues and Trade II. On Credit and the Means and Methods by which it may be restored III. On the Management of the King's Revenues IV. Whether to Farm the Revenues may not in this Juncture be most for the Publick Service V. On the Publick Debts and Engagements By the Author of The Essay on Ways and Means Part 1. To which is added A Discourse upon Improving the Revenue of the State of Athens Discourses on the Publick Revenues and on the Trade of England which more immediately treat of the Foreign Traffick of this Kingdom viz. I. That the Foreign Trade is beneficial to England II. On the Protection and Care of Trade III. On the Plantation Trade IV. On the East-India Trade By the Author of The Essay on Ways and Means Part II. To which is added the late Essay on the East-India Trade By the same Hand An Essay upon the probable Methods of Making a People Gainers in the Ballance of Trade Treating of these Heads viz. Of the People of England or the Land of England and in what Manner the Ballance of Trade may be thereby affected That a Country cannot increase in Wealth and Power but by private Men doing their Duty to the Publick and but by a steady Course of Henesty and Wisdom in such as are trusted with the Administration of Affairs By the Author of The Essay on Ways and Means Dampier's Voyages In 2 Vol. 80 Wafer's Descriptions of the Isthmns of Darien In Octavo Hacke's Collection of Voyages In Octavo Clark's Essay In Octavo Reflection on Amintor Wingate's Arithmetick The Memoirs of Monsieur Pontis who served in the French Armies 56 Years Translated by Ch. Cotton Esq Fol. Malbranch's Treatise of Morality In Octavo A DISCOURSE UPON GRANTS SECT I. INTRODUCTION ALL Governments well and wisely constituted as soon as they began to form themselves into a Politick Existence have separated from Private Use a certain Proportion of their Wealth and assign'd it to the Uses of the Publick And this has not only been thought a point of Wisdom by Particular Nations but Confederated Cities and States have done the same for the Grecians had a Common Treasury kept in the Temple of Apollo Delphicus ready at all times to supply such Affairs as they manag'd with united Councils 'T is so necessary
That these Northern Nations had among 'em the Titles of Peers Pallatins Barons Earls Grantz Graffs Notables Grandees and Dukes And the Persons of prime Rank under these or the like Appellations were a distinct Part or Member of the Body Politick and were to protect those who had come under their Banners and follow'd their Fortune and were vested by the Constitution with eminent Power that they might be a Skreen between the Prince and People But the Labour and Dangers of these Expeditions were to lie upon the Common People by whose hands the Battles were to be fought and no doubt they had not been tempted abroad if they could not have promised themselves a better Condition than what they had at home and if they were to be only Beasts of Burthen to the Great Ones For which Reason by Compact with those whom they follow'd they were likewise to have a certain Share in the future Conquest from whence came That in the Settlements made by these Northern Nations respect was had to the Interest of the People There was reserv'd to 'em their distinct Rights and Privliedges and Part of the Conquer'd Lands were Assign'd to them in which the better Sort had Freeholds and those of inferior Degree held of their Captains Lords and Leaders Their Military Constitution gave likewise Form to their Civil Government Their King as he was Head of the Army in the moving Camp abroad so when they came to settle he was Head of the Common-wealth And as the Principal Officers and Chief Captains had been his Council of War so when they had Peace and Rest they could not be easily perswaded to quit that Share in the Administration of Affairs of which they had tasted in the Field and their Titles and Lands being to descend they became by Virtue of their Tenures his hereditary and standing Council and as in the Field they had wont to advise him in difficult Matters for the common Good of the whole and to lay before him the Necessities and Grievances of their Followers and Dependants so at home it grew their Right to do the same But when these Nations came to fix and mingle with the Natives and when they had made Compacts and Agreements with those Natives this united Body which likewise increas'd in Wealth and Possessions soon became so Considerable as to make it necessary That what was properly call'd the Commons should be a distinct Part of the State and that it should be Represented by Persons and Members chosen from among themselves Thus in all these Northern Establishments there has been what was call'd either the Estates Assemblies the Cortez Diets or Parliaments This was the Original Constitution in most of the Establishments made by these Northern Nations and under this Form of Government they continu'd without any material Change till the Two last Centuries But in process of Time the Soil alters the Nature of Man as much as it does that of Plants warmer Climates did by degrees soften these rough and Warlike People Too much Sun produces that Effeminacy which is the proper Matter for Arbitrary Power to work upon Therefore all the East and Southern World has been Enslav'd while colder Climates seem more tenacious of their Liberties The French were the first who stoop'd to the Yoke of Regal Authority not limited by Laws Spain soon follow'd to whose Kings their Foreign Acquisitions gave more Greatness than consisted with the Freedom of their People At last it grew a Mode among lesser Kingdoms to imitate what had been done in larger Empires So that the Danes and Sweeds were content to make and put on their own Fetters And we in England were desiring to be like the other Nations round about us had not the Virtue and Courage of a Few saved us often very narrowly from the Corruption and Madness of the rest The bad Example of former Kings the Vices of their Courts nor our own Riches have not soften'd and deprav'd us quite and this Island having been planted by the most Warlike of all the Northern Tribes and having still preserved a few of its old Inhabitants who retain somewhat of the antient Britton Courage and this Soil having always bred and nourish'd Men of Heart and Stomach it happens that we still continue Free and that we keep the main Parts of our Original Constitution Antient Conquerors have in the same manner divided their Acquisitions between the Prince his Chief Fellowers and the People but the Tenures or Rights by which these Lands were to be Held seem particular to these Gothick Settlements and with admirable Polity contriv'd to preserve the Links of Protection and Obedience which should hold Prince and People together for 't is Natural for Men to Cherish and Protect their Dependents and as natural to Love and Obey those by whom we are Protected Thus to make all Hold of the King was almost as far as Human Wisdom could go to hinder this chief Landlord from committing Waste in his own and from injuring those by whose Service he was to receive Assistance But this Division of Property would not have quite suffic'd unless there had likewise been made such a Partition of Power as we have mention'd for the Greater would have encroach'd upon and swallow'd up the Less if the Power of each Part of the Constitution had not had certain Boundaries as well as the Fields and Grounds had Landmarks of one kind or other Our Ancient Government having its Foundation in such Tenures as the Goths introduc'd it will be necessary to say something upon that Subject This way of holding Land by certain Services was brought in by the Lombards who descended of the * Groti Prolegom in Hist Goth. Vand. Longobard Gepidae a People thaâ— quitting Scanzia were left upon an Island of the River Vistula where increasing in Numbers they were compell'd to seek new Seats and who after many Rovings and Adventures came at last to fix in Italy What we call Fee and what in modern Latin's call'd †Cujacius â—eud l. 1. Tit. 1. Feudum had its Original from the Kings of Lombardy whose Custom 〈◊〉 was to grant Territories Towns and Citiâ— to their Captains and principal Followers who were to have a kind of Usufructuary Right therein or more properly the Vtilâ— Dominium but of these Lands the Prince reserv'd to himself the direct Dominion 'T is true the Romans had something like 〈◊〉 Lamprid. in Sever. this as the Coloni Glebae adscriptitii And Alexander Severus and after him Constantix distributed Lands upon the Borders to their Soldiers and their Heirs upon Condition of Defence But that which properly constitutes the Feudum viz. The peculiar Oath of Fidelity and Homage was an Institution of the Lombards who did not only assign Lands upon the Limits but distributed whole Countries to be held by Fidelity and Service These Tenures were first at Will afterwards for a Term then they came to descend to one Son afterwards to be an Inheritance
he did resume * Dan. p. 105. Daniel says that after his second Coronation which was at Winchester he not only resum'd the Mannors he had sold to the Bishops of Winchester and Durham but whatsoever other Sales he had made of the Demayns of the Crown Alledging that it was not in his Power to alien any thing appertaining to the same whereby his State was to subsist * Graft Chron. p. 90. Grafton says That after his second Coronation he call'd a Parliament by the Authority whereof he resum'd again all Patents and Annuities Fees and other Grants before his Voyage by him sold and granted and caused the Parties to be contented with such Revenues and Profits as they had received of the said Offices or Lands in the time of his Absence And spar'd not for any sufficiency of Writing that by him before was made But to confirm this Authors may be produc'd of more Antiquity than either of these * Hen. de Knyghton Col. 2408. N o. 40. Knyghton says Post ejus Coronationis solennia quicquid prius leviter datum aut graviter venundatum fuerat repetiit nomine commendati fructus perceptos pro sorte computans cessante pacto titulo instrumento quocunque †Brompton says Denique quod * Chron. Johan Brompt Col. 1259. N o. 10. cum ipse iter versus orientem arriperet regnum ipsum multipharie sciderat ad integritatem satagebat pristinam revocare Quicquid enim ab illo tunc fuerat datum vel ponderose venundatum sub nomine repetiit commodati Regiarum possessionum emptoribus dicens Non decet sublimitati Regiae foenerari Illi autem emptores mox regio metu attoniti nulla habita quaestione de sorte non percepta confestim omnia resignarunt In Two Years of this Reign viz. Ann. 1195 and 1196 there were actually rais'd in this Kingdom Eleven hundred thousand Marks which is more than was really levied in any Two Years of the Late War for if we consider the value of Money in those times and the Proportion it bore with other Commodities Eleven hundred thousand was more then than Eleven Millions are now Hubert the Archbishop of Canterbury writing to the King for leave to quit the Ministry shews * Ro. Hovedon pa. 767 768. Quod infra biennium proximo praeteritum adquisierat ad opus illius undecies centena Millia Marcarum argenti de Regno Angliae The raising this vast Summ is an evident Sign how willing the People of England have in other Ages been to give Aids and Subsidies to Martial Princes After Richard King John was Elected This was a Reign of Civil War Taxes and Profusion and the Character Robert the Clerk gave of this Prince to Miramamolin the Moor was very true and Remarkable * M. Paris p. 244. Potius fuit Tirannus quam Rex potius Subversor quam Gubernator Oppressor suorum fautor aliènorum Leo suis subditis agnus alienigenis rebellibus qui per desidiam suam Normanniae ducatum alias multas terras amiserat insuper Angliae regnum amittere vel destruere sitiebat Pecuniae extortor insatiabilis possessionum suorum naturalium invasor destructor But these Wastes were look'd into in the Reign of Henry III. King John's Son and Successor not by the Prince himself who was no better a Manager than his Father but by the Barons Knyghton says That after Lewis and the French were driven away * Knyghton Col. 2429. N o. 40. Omnes Alienigenae ejecti erant de Anglia omnia Castella quae Rex Johannes donaverat tradiderat in Custodiam Alieâ—igenarum fuerunt reseisita in manu Regis This King laying open his Necessities to the Barons and his Council said The Crown-Revenues would scarce afford him Meat and Drink To whom they answer'd He might be Rich out of his own if he would set some Bounds to his Liberality and look into his own Affairs and into the Proceedings of some of his Officers They nam'd no body to hlm â—ut he understood whom they meant and call'd several of his Ministes to Accompt and brought them to Restitution The Words of the Historian in this place are very Observable when the King had laid open his Wants * M. Paris p. 376. Tunc Consilarii Regis responderunt Si pauper es tibi imputes qui Honores Custodias ac dignitates vacantes ita in alios transfers a Fisco alienas quod nec in divitiis auri vel argenti sed solo nomine Rex debeas appellari Nam antecessores vestri Reges magnifici in omni divitiarum gloria ditissimi non aliunde sed ex Regni redditibus emolumentis Thesauros impreciabiles congesserunt At Rex ab eis instructus quos nominatim exprimere tutum forsitan non esset coepit a Vicecomitibus Ballivis aliisque Ministris suis de redditibâ—â— rebus omnibus ad Fisci commodum spect antibus ratiocinium exigere Et quoslibet dâ— fraude convictos a suis Officiis deponens exegit ab eis pecuniam suam etiam cum usuriiâ— tenens coarct abat eos donec reddereâ— debitum universum This Prince was the first who brought Strangers into his Councils and the management of his Business Poictevins and Britons to whom he gave all the Power and among whom he lavish'd all his Crown-Revenue and the * Ibid. p. 386. Treasure of the Kingdom Invitavit pâ—latim tot Pictaviensium Legiones quod â—â—tam fere Angliam repleverunt quorum Râ—â— agminibus quocunque pergebat vallatus inceâ—sit But in 1234 he was compell'd by his Barons to Banish these Strangers Yet he return'd quickly to the same bad Measures insomuch that his Brother Richard Earl of Cornwal told him That he Rob'd his own Country to give it to Strangers and the Kingdom 's Enemies In this Loose Reign the * Ibid. p. 733. 747. Money of England was corrupted But nothing anger'd the People more than the immoderate Wealth he bestowed upon Foreigners namely his Brothers by the Mother and particularly to his Poictevins * Ibid. p. 850. Eschaetas Reditus vacantes Alienigenis ignotis illiteratis scurrilibus penitus indignis non destitit distribuere ut sic suorum naturalium corda insanibilius sauciaret While Things were thus Govern'd Private Men inrich'd themselves with the Publick Spoil as for Example John Mansel * M. Par. p. 859. who brought his Estate to Four thousand Marcs per Annum But at last at a Parliament Held at Oxford * Ibid p. 973. Peter of Savoy William de Valence and the Bishop of Winchester the King 's half Brothers with the other Foreigners were Banish'd Vbi statutum erat †Knyghton Col. 2445. N o 40. quod ad Terras suas quas in partibus transmarinis habebant transfretarent And that immoderate Wealth they had gather'd here was not permitted to be carry'd away but was ‖ M. Par. 973. Seiz'd upon
Franchises Hundredes Wapentakes Letes Rapes viewe of Franke plege Sheref Towrnes Sheref Gildes Amerciaments Issues and Profites of the same by you granted syth the first Day of youre Reigne to oney Persone or Persones Abbot Priour Deane Chapetre Maistre Wardeyn of Collage Fraternite Crafte or Gilde and all Maner such Grantes to be voide and of noon Effecte Except such Libertees Privileges Franchises Hundredes Wapentakes Letes Rapes viewe of Franke plege Sheref Towrnes Sheref Gildes Fyues Amerciaments Issues and Profites of the same and all other Libertees Privileges Franchises and Immunities as ye have graunted to the Provostes and Scolers of youre Collages Roial of our Lady and Seint Nicholas of Cambrigge nor to youre Provoste and Collage Roial of our Lady of Eaton and to theire Successours And forasmoch as it is thought to us youre humble and liege People of this youre noble Roialme comen to this youre high Courte of Parlement by youre Auctoritie Roial that certaine and diverse Libertees Privileges Freedomes Fraunchises and Immunitees by you to the Provostes Scolers and to the Provoste and Collage and theire Successours of youre Collages of Eaton and Cambrigge granted been to youre Highnesse prejudicial and over chargefull and nyous unto youre People of this youre Roialm Please it therefore youre most High and Roial Mageste to ordeyne and appointe by youre high Wysdome and Discetion that all Grauntes and Actes of such Libertees Privileges Freedomes Franchises and Immunitees as been to you prejudicial and overchargefull and nyous unto youre People of this youre Roialme be voide and of noon Effecte Wherof we youre true Comyns in the moost lowly wyse that we can thinke biseche youre moost habundant Grace to have Knowlech duryng this your said Court of Parlement for our special Releif and Comfort And over that all the Grantes or Releases made by you syth the first Day of youre Reigne to oney Abbot Priour Covent or oney other Persone or Persones of discharge or quiet Clayme of oney Corrodie or Corrodies Pension or Pensiones Dismes Spirituels or Quinszismes or Dismes Temporels or of Discharge or quiet Clayme of oney Rentes of Fee or Services of Fee be voide and of noon Effecte this Act and Petition of Resumption to begynne and take Effecte the first Day of youre Parlement holden at Westminster the 28th Yere of youre Reigne that all Manner of Grauntes by you made or to be made of oney of the said Honours Castelles Lordshipps Towns Townshipps Mannors Londes Tenements Wastes Rentes Reversions Fees Fee-farmes and Services with all their Appurtenanees or oney Discharge or quiet Claime as is above reherced from the 1st Day of the Parlement holden at Westminster the 28th Yere of youre Reigne unto the last Day of this youre present Parlement be voide and of noon Effecte And if oney Persone or Persones atte oney Tyme after the first Day of this youre Parlement accepte or purchace youre Lettres Patentes of oney of the said Honours Castelles Lordshippes Townes Townshippes Mannors Londes Tenementes Wastes Rentes Reversions Fees Feefermes and Services with all theire Appurtenances or oney Discharge or quiet Clayme as is above reherced of oney of the Premisses or oney other Possessions of Fee or of Free-holds that shuld growe to you in Tyme comynge by way of Forfeiture or otherwyse But if it be so that thoose Letters Patentes passe by Advyse and Assent of youre Chancellour and youre Tresorer of Englonde Prive Seale and Six Lordes of youre grete Counseil for the Tyme beyng and that they and itch of theym subscribe in such Lettres Patentes they re Names And that the seide Letters Patentes so subscribd be enrolld in your Chancellerie of Record And if oney Persone or Persones accepte or purchase youre Letters Patentes of oney of the Premisses otherwyse forfette unto you our Soveraigne Lord all his Londs and Tenementes that he or oney Persone or Persones have to his Use atte the Tyme of such Letters Patents made or oney Tyme after shall have in Fee simple holden of you immediately to you And all other Londes and Tenements that they so shall holden of other Persones to them that they shall hold of immediately and the same Letters Patentes to be voide and of noon Effecte And that no Persone or Persones that hadde oney thyng of the Premisses afore the Tyme of the seid Resumption be not chargeable by way of Accompt or otherwyse for the same a yents you youre Heires and Successours except thoo that by youre Grantes afore the said Resumption were accomptable And that by Auctorite of this Parlement every of youre Liege Men that hath yeven or graunted oney Londes Tenementes Rentes Advowsons or other Possessions to you or to oney other by youre Desire for oney other Londes Tenements Rentes Advowsons or other Possessions by you graunted or by oney other by youre desire syth the first Day of youre Reigne that they shall be now alyve and they re Heires and the Successours of theym that been dede may entre have and enjoye all such Londes Tenementes Rentes Advowsons and other Possessions so yeven and graunted in lyke wyse and fourme as they re Auncestors or Predecessoures hadde theym afore such Graunte or Estate made of theym And that Averment in this Case may be hadde admitted and received by this seid Auctorite for every Partie that so shall entre into have or enjoye oney of the Premisses by they re surmyse that the seid Londes Tenementes Rentes Advowsons or other Possessions that they shall so entre in have or enjoye were yeven or graunted for other Londes Tenementes Rentes Advowsons or other Possessions that they graunted to you or oney other at your Desire Notwithstanding that in noo Letters Patentes by you made nor in such Gifts made to you or by any other by youre desire mention be made thereof So that such Londes Tenementes Rentes Advowsons or other Possessions were not rightfully in youre Possession in Fee afore such Yiftes or Grauntes as it is above reherced saving to every Persone they re Right Title and Interest in any of the Premisses other than they they re Auncestoures or Predecessours hadde by Force of youre Letters Patentes so that thereof hath been had no Recoverer by Covyne and Collusion The House of Commons judg'd it reasonable to make some Exceptions or Proviso of Savings to certain Interests they are in Number Thirteen and much of the same kind as the Savings in the Act that pass'd the Year before Then follows And for as moch as it is pleynly and universally conceyved throughoute all this youre Roialme that the good spede of this Acte of Resumption ys to you full honourable necessarie and behovefull and to all youre liege People comfortable and grete releife of theire Povertee the which they been in for many unportable Charges leyed upon theym afore this tyme for that the seid Resumption afore this tyme hath not be effectually had We youre true humble Obeisant and faithful liege People comyn for the comen of this youre noble Roialme
And also all Grauntes to be made of old Offices which were Offices the first day of youre Reigne to the which belongeth and needeth actuel Exercise and Fees and Wages the same first day to the same Offices perteynyng or belongyng except out of the seid Peynes And that no such persone to whome oney Lesse or Lesses Graunte or Grauntes shall be made after the seid Fest for terme of Yeris or atte Wille of oney Thyng parcelle of the Duchie of Lancastre Erldome of Chestre Principalete of Wales Caleys and Guysnes and the Marches therof or of oney thyng to theym or oney of theym belongyng or appërteynyng be not hurt nor endamaggd by the penalty of this seid Acte Then follow Two Savings one for the Prince of Wales and another for Richard Duke of York as to some Patents they had Resp As touchyng this Petition of Resumption the Kyng hath well conceived and understood the Maters Articles and Desyres conteyned in the same Petition wherfore the Kyng by thadvyse and assent of the Lords Spirituel and Temporell beyng in this present Parlement and by Auctorite of the same taketh and resumeth into his Hands all manner thyngs conteyned in the seid petition and the same agreeth and accepteth the Penalte in seid petition except and leid apart alweye his Prerogative reserved forseyn alweye that suche provisions and Exceptions as been by his Highnesse by thadvyse of the seid Lordes Spirituel and Temporel made and agreed or to be agreed and in this same Parliament put in Wrytyng upon the premisses be good and effectuel the seid Acte notwithstanding for the Egalte and Reason that the Kyng ought to do to his people the which shall be to the pleaser of Godde the Honour and the We le of his Lond and People Then follow a great Number of Savings and Provisions all of 'em much of the same Nature with those in the former Acts and none of 'em seem such as could any wise defeate the Designe of the Parliament which was that all immoderate Grants should be actually resumed But some may object that Henry the Sixth under whose Reign these Three Resumptions were made was a weak Prince unfortunate Abroad engag'd in Factions at Home and kept under by the Power of the House of York whereunto we answer That it was the Interest of Great Men rather to oppose such an Act for they were most like to suffer by it therefore it s Passing was not the Effect of Faction but indeed it was carry'd on by the Weight of the People But these Objections will be more fully answer'd when we show that the same Thing was done by a Prince who had master'd all Parties and under an Active and Martial Reign which was that of Edw. IV. his Successor where the Presidents for a Resumption are four times confirmed As soon as Edward the Fourth came to the Crown one of the first Things desired by his Subjects was an Act of Resumption Rot. Parl. 1 Edw. 4. N o 11. And over that that our seid Sovereign Leige Lord King Edward IV. the Fourth Day of Marche was lawfully seised and possessed of the seid Corone of Englond in his Right and Title and from thenceforth have to hym and hys Heires Kynges of Englond all such Mannours Castels Lordshippes Honours Londs Tenements Rentes Services Fees Feefermes Rentes Knyghts Fees Advowsons Gyftes of Offices to geve at his pleasure Fairs Markets Issues Fines and Amerciaments Libertees Franchises Prerogatives Escheates Custumes Reversions Remainders and all other Hereditaments with theyr Appurtenances whatsoever be they in Englond Wales and Irelond and in Cales and the Marches thereof as Kyng Richard the 2 d. had on the Fest of Seint Matthew the Apostle the 23th Yere of his Reigne in the Right and Title of the seid Corone of Englond and Lordshippe of Irelond Resp The Kynge by thadvyse and Assent of the Lords Spirituel and Temporel in this present Parlement assembled at the Request of the Comyns beyng in the same agreeth and assenteth to this Petition and it accepteth with certain Moderations Provisions and Exceptions by his Highnesse thereupon made and in certain Cedules written and in the same Parlement delivered the tenor of which follows Then follow the Exceptions or Savings to particular Interests which are in Number 85. But this Resumption looking so far backwards as the Reigns of Henry the Sixth Henry the Fifth and Henry the Fourth was too large to have any good Effect And as to its having been impracticable and not well concerted we have this Argument that a new Act better digested and which did not retrospect so far was thought necessary Anno 3. 4. of the same Reign Anno 3 4. Edw. 4 ti There pass'd another Act of Resumption 3 4 Ed. 4 Rot. Parl. N o 39. At which day and place for divers Causes and Considerations conteynyng the Honour and Prosperite of the Kyng our Soverayne Lord and also the Commonwele defence and welfare of this Reame and of his Subgetes of the same hit is ordeyned and enacted and stablished by thadvyse and assent of the Lords Spirituels and Temporels and of the Comyns in this present Parlement assembled and by Auctorite of the same That the Kyng froâ— the Fest of the Purification of oure Lady the Yere of our Lord 1464 have take seize hold and joye all the Honours Castells Lordshipps Towns Townshipps Manours Londes Tenementes Wastes Forestes Chases Rentes Annuities Reversions Fermes Services Issues Profites and Commodites of Shires which he had the 4th day Marche or eny tyme after afore the seid Fest by reason of his Duchie of Laâ—castre or by the Forfeitur of Henry the 6 th late in dede and not in right Kyng of Englond in Englond Irelond Wales and Marches thereof Guysnes and Caleys and Marches thereof and pass'd from hym the seid 4th day of Marche or eny tyme after and afore the seid Fest by his Letters Patentes to eny Persone or persones in Fees Fee-simple Fee-taille terme of Lyfe or terme of Yeres And that the Kyng have and Injoy every of the Premisses in like Estate and Condition as he had theym the seid 4th day of Marche or after And also that all Yefts Grauntes and Relesses made by the Kyng the seid 4th day of Marche or eny tyme after afore the seid Fest to eny Persone or Persones of eny of the Premisses in Fee-simple Fee-taille terme of Lyfe or terme of Yeres under eny of his Seales be from the seid Fest of Purification void and of noo force nor effecte Ibid. N. 40 And also that all Yeftes Grauntes Ratifications Relesses and Confirmations made by the Kyng the seid 4th day of March or eny tyme after and afore the seid Fest to eny Persone or Persones of any Possessions Right Title or Interesse of his Duchie of Yorke or Erldome of Marche or eny part of them or of eny Pension Rent Annuite to be had taken perceyved or levyed of or in the same Duchie and Erldome or
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
before theym proved not to be made reared or assigned upon true Grounde or Cause of Duetee in likewyse to be voide and the Kyng therof quyte and discharged for evermore Then follow Sixteen Exceptions or Savings as to private Interests which the House of Commons make and they are much of the same Nature as those in the other Acts. Resp As touchyng this Bill of Resumption and the other Acte above specified concernynge Assignations made by the Kynge and the Fourme of Paymentes of his Dettes and all thynges comprised in either of the seid Billes and Acte and the other Matiers and Articules above specified the Kyngs Highnesse hath well conceyved and understond the same and by thadvyse and assent of the Lordes Spirituells and Lordes Temporells and the Comons beyng in this present Parlement and by the Auctorite of the same theym hath accepted and agreed So also that such Provisions and Exceptions as by his Highness be or shall be made and agreed and duryng the tyme of this present Parlement in Writyng to or upon the Premisses be good and effectuel the seide Bille or Acte or eny other the Premisses notwithstondyng for the Equyte and Right wis reward that the Kyng intendeth to do to every of his Subgietts for his Merites which shall be to the Pleaser of God and Honour of his Highnesse and the Wee l of all the Lond and People Then follow a great Number of Exceptions brought in by the King but they do not seem of that Nature as if it were design'd they should defeat the Intentions of the House of Commons as the Savinâ—s in the first Act of Resumption pass'd in this Reign plainly did So that at last both King and People appear to be in Earnest in this Matter But all the Acts of Resumption hitherto pass'd were not thought sufficient so that tho' we cannot find Richard the Third who succeeded Edward was any great Giver yet the Parliament in the Reign of Hen. 7. who was Successor to Richard believ'd another Resumption necessary Rot. Parl. 1 Hen. 7. p. 2. Anno 1. Hen. 7. Prayen the Commons in this present Parliament assembled That where the most noble and blessed Prince of most holy Memory King Henry the 6th your Uncle whom God rest and other your noble Progenitours have kept as worshipfull noble and honorable Estate of their Household in this Lond of the Revenues thereof as have done eny King or Prince in Englond christenned to the Ease and Rest of the People of the same without agrudging or lack of Payment therfore such as caused all other Londs to have this your said Lond in as worshipfull Renown and as great Dread as any other Lond christenned and for that the Revenuâ— of your said Lond to your Highnesse now belonging mowe not â—uffice to keep and susteine your honourable Household nor your other ordinarie Charges which must be kept and born worshipfully and honorably as it accordeth to the Honour of your Estate and your said Realm by which your Adversaries and Enemies shall fall into the dread wherin heretofore they have byn That it would please your Highnesse by thadvyse and assent of the Lords Spirituall and Temporall in this present Parliament assembled and by Auctoritie of the same for the Conservation and Suportation of your said Estate which first to Gods Pleasure secondarie for your own Suertie Honour and Weal and for the third to the universal Weal Ease Rest and Suertie of this Land the which you owe to preferre afore the Favour of any Persone or any Place or other Thing earthly to take seise have reteyne and resume into your Hands and Possession from the 21st Day of August last passed all such Castles Lordshipps Honours Manours Londs Tenements Rents Services Feefermes Knights Fees Advowsons Annuitees Yefts of Offices to yeve at your Pleasure Grantes of keeping Ideots Faires Markets Hundred Turnes Views of Frankplegge Leets Yssues Fines Amerciaments Libertees Fraunchises Prorogatives Escheates Custumes Reversions Remainders and all other Hereditaments with their Appurtenances whatsoever they be in England Wales Ireland of Caleys or the Merches thereof as the said most christen and blessed Prince King Henry the 6th your Unkle had of Estate of Enheritance or any other to his Use had the 2d Day of October the 34th Year of his Reigne or any tyme sith as parcell or in the Right and Title of the Crown of England of the Duchie of Lancastre the Duchie of Cornwall the Principalitie of Wales and the Earldome of Chester Saving to every of your liege People such Right Title and Interesse as they or any of them should have or might have had in or of the Premisses or any Parcel thereof other than by means of Lettres Patentes of any King of this your Realm or by Act of Parliament made after the said 2d Day And over this be it enacted ordeyned and stablished by the same Anctoritie that all Yefts Graunts Leases Releases Confirmations and Discharges of any Castels Honours Lordshipps Manours Lands Tenements Rents Services Reversions Annuites Feefermes Offices Liberties Fraunchises or other Hereditaments and all Appropriations Corporations Collations Assignments and Graunts of any Debt or Summes of mony by Letters Patentes or Tailles as to any Payment only whereof the Days of Payment have or shall grow after the 21st Day of August last passed made by Richard the 3d late in dede and not of right King of Englond any tyme during his usurped Reigne under his great Seale of the Countie Palatine of Chester or by Tailles to any persone or Persons or Body corporate and also all Yefts and Grauntes by Authoritie of Parliament or otherwyse made by Edward the 4th late King of England or by Edward his Son late called King Edward the 5th to any persone or persones be fro the said 21st Day of August adnulled void and of no force ne effecte And all Graunts made by the said Edward the 4th late King of or touching the Earldome of Devonshire or any Parcell thereof be from the same 21st Day also void and of no Force ne Effecte Then comes A Saving for some special Grants made by Edward the 4th and King Richard as to Lands of the County Palatine of Lancaster Chester or of the Earldome of March A Saving to Abbots Abbesses Priories in England or Wales as to the Restitution of any of their Temporalities A Saving for License to incorporate or found any Chantery c. Then follows And over this be it inacted ordeyned and stablished by the sayd Auctority that all Graunts and Letters Patentes of any Office made by our sayd Sovereign Lord afore the 20th Day of January the 1st Year of our Reign to any persone or persons be from hence forth void ne of no effecte A Saving for the great Officers and Others as to their Employments and Wages A Saving for the Patents of the Peers and their Creation-Money And to Corporations c. Then follow Ten Exceptions or Savings made by the House of Commons to
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
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
proceeded to Judgment In which the Judgment was That several of the Articles against the said Persons contain'd High Treason of which the Parliament pronounc'd them Guilty And that they were guilty of the Crimes laid down in these other Articles which were not judg'd to amount to Treason among which were the 5th 6th and 7th Articles But take the Words of the Record Rot. ibid. Surqoy les dits Seignours Temporels per Commandement du Roy nostre dit seignour examineront les Articles contenus en ledit Appel le Couple des dits Ercevesqe Deverwick Duc Cont Robert Tresilian Appellez come devant en celle partie par grand Labour Diligence per continuance de diverses jours tanqe le Judy le 13 Jour dudit mois de fevrier par lour avisement et bone deliberation firent declaration Adgugeront qe le 1 2. le 11. le 15 le 17 Articles contenus en le dit Appel sont Trefon Et qe ce qest contenu en le 22 Article de mesme le Appel touchant la levee des Gents pur guerroer destruire les Seignours Lieges du Roy est aussy Treson qe les 28 29 30 31 32 37 38 39. de mesme le Appel sont aussi Treson come est remembre en le avant dit roulle du dit Appel Et troveront per deue Examination per proves et emformations per tous les voies qils pourroit lour Consciences deucment emformer qe le dit Ercevesqe Duc Cont Robert Tresilian Appelles come devant feurent Coulpables notairement en icelles cest assavoir Chacun de eux en chacun Article qe luy touche Et auxint qils sont coulpables en touts les autres Articles contenus en le dit Appel nient declares au present pur Treson cest assavoir chacun deux en chacun Article qe luy touche en presence du dit Roy nostre Seignour et Seignours du Parlement Temporels seant en la dite blanche sale en plein Parlement mesme le jeudy le 13 jour du dit mois de Fevrier les dits Duc Contes Appellants prieront as dits Roy nostre Seignour Seignours du Parlement illoques estants qe les dits Ercevesqe Duc Conte et Robert Tresilian Appelles come devant fussent adjuges convicts de les hautes Trahisons contenus en â—e dit Appel Jugement Rot. ibid. Parqoy les dits Seignours du Parlement illoqes estants come Juges du Parlement en cest Case per Assent du Roy nostre Seignour Prononceront lour declaration avant dite adjugeront lesdits Ercevesqe Duc Cont et Robert Tresilian appelles come devant coulpables et convicts des Tresons contenus en les dits Articles declares pur Treson come devant Et Agarderont qe mesmes les dits Duc Cont Robert Tresilian appelles come devant fussent Treinez et penduz come Traitours et Ennemies au Roy nostre dit Seignour et a son Royalme Et qe les dits Ercevesqe Duc Cont Robert Tresilian Appelles come devant et lours Heires fussent desheritez a tous jours et qe lours Terres et Tenements Biens et Chateux feussent forfaits au Roy nostre dit Seignour Et les Temporalites du dit Ercevesqe Deverwik del Ercevesche Deverwik saisis es mains le Roy nostre dit Seignour In the same Parliament Simon de Beurle Lord Chamberlain among other Crimes was Impeach'd by the Commons for having persuaded the King to make large Gifts out of the Crown-Revenue to Foreigners Bohemians to the Impoverishment and Oppression of the People * Rot. ibid. Art 7. Item qe la ou le dit Simon de Beurle fust Chamberlein nostre Seignour le Roy en sa tendre Age tenus de luy Conseiller pur le mieux en profit de luy et de son Royalme le dit Simon per son malveis Inginie et procurement conceilla nostre Seignour le Roy davoir deinz son Houstiel grande Plenitee des Aliens Beamers et autres et de les donner grands douns des Revenus et Commoditees du Royalme peront nostre Seignour le Roy est grantement empovres et le People du Royalme outrement opreses The Parliament thought the Duke of Ireland so dangerous a Man that to be rid of him they had given the King a Grant of 30000 Marcs but when Suffolk return'd after his first Disgrace the Duke of Ireland return'd with him About this time that the Ministry might be compleat and of a piece there was a Lord Treasurer of the same Stamp with the Chancellor Chamberlain and the Duke of Ireland to wit John Foord Bishop of Durham of whom Sir John Heyward gives this Character * Life of Hen. 4. p. 20. He was a Man of little depth either in Learning or Wisdom but one that had the Art of seeming in making the best Shew of whatsoever he spake or did And rising from a mean Estate to so high a pitch of Honour he exercis'd the more excessively his Riot Avarice and Ambition not able to moderate the Lusts and Desires which former Want had kindled He at the same time was remov'd from the Council and turn'd out of his Office of Treasurer We have dwelt the longer upon Michael de la Pool because it is the first formal and regular Impeachment that we meet with in the Records And perhaps it will not be unnecessary to say something of a Man that so much drew upon him the Hatred of the People * Life of Hen. 4. p. 16. Hayward says He was a Merchant's Son in London and growing Mighty 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 perfidiae 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 sed nunquam
the Navy with those Sums which ought to have to come to their hands and to be accompted for to his Majesty and such a Confusion and Mixture hath been made between the Kings Estates and the Dukes as cannot be cleared by the legal Entries and Records which ought to be truly and faithfully made and kept both for the safety of his Majesty's Treasure and for the indempnity of his Officers and Subjects whom it doth concern And also in the Sixteenth Year of the said King and in the Twentieth Year of the said King he did procure to himself several Releases from the said King of divers great Summs of â—â—ney of the said King by him privately received and which he procur'd that he might detain the same for the support of his Places Honours and Dignities And these things and divers others of the like kind as appeareth in the Schedule annexed hath he done to the exceeding diminution of the Revenue of the Crown and in deceit both of our Soveraign Lord the King that now is and of the late King James of famous Memory and to the detriment of the whole Kingdom The Duke escaped this Storm by the sudden Dissolution which was chiefly to save him however in the next Parliament 4 Car. 1. he was again attacked as freshly as before which again he had Interest enough to get dissolv'd but had he liv'd to see another he must undoubtedly have sunk under the just Anger of the House of Commons For the People of England have never patiently born to see immoderate Wealth Power and Honours with variety of Great Offices conferr'd upon any single Person Hardly any Favourite had Nobler Qualities than this great Man He was Beautiful in his Person Magnificent in his Nature and not without either Heart or Understanding Many People had tasted of his Private Liberalities He would hunt out for Persons of Merit and bring 'em from their most secret Retirements into Business He was rough only to his Enemies but most earnest and ready to oblige his Friends He would often get for others what he might conveniently have kept for himself He governed not only his Domestick Affairs but his Transactions in the State by the Advice of a select number of Friends all able Men but not engaged in Publick Matters whom he retain'd in his Service by Pensions out of his own Purse And yet thus qualify'd as he was it was not thought reasonable in Parliament that so high Honours so much Wealth and Power and such a multiplicity of Employments should be conferr'd upon so young a Man If such a one could not stand before the People much less will they in any future Reign bear to see Men with the like Wealth pour'd upon 'em and in the like Station of Power and Favour who have none of his Qualifications who are contemptible in their Figures who make no Expence but what tends to their private Luxury of whose Bounty no one ever tasted who bar the Court Gates to any Merit who never did any kind Office who make a sale of all Employments who creep to their Enemies and slight their Friends who never did good but for themselves or to here and there an humble Flatterer and who never in their Transactions for the State govern themselves by the Advice of grave Friends but act all things upon their own giddy Heads ever drown'd in Wine or heated by Debauches Journal of the House of Commons But to return to our present Matter Martis die 24 Nov. 1640. There were Reported eight Articles in maintenance of the Commons Accusation against the Earl of Strafford which were agreed upon the day following and of which the III d Article is That the better to inrich and enable himself to go through with his Traiterous Designs he hath detained a great Part of his Majesty's Revenue without giving Legal Account and hath taken great Summs out of the Exchequer converting them to his own use when his Majesty wanted Money for his own Urgent Occasions and his Army had been a long time unpaid In the Heads of the Accusation against the Earl of Clarendon reported by Sir Thomas Littleâ—on Wednesday 6 Nov. 1667. one of the Articles was Journal of the House of Commons Art 8. That he hath-in a short time gained to himself a greater Estate than can be imagined to be gained lawfully in so short a time and contrary to his Oath hath procured several Grants under the Great Seal from His Majejesty to himself and Relations of several of His Majesty's Lands Hereditaments and Leases to the Disprofit of his Majesty We all know the Impeachment against that Noble Earl was rather a Court-Design than carried on by good Patriots The Zeal he had shown for the Laws of his Country had stirr'd him up some Enemies And because he would not make a Difference between the King and Duke of York he chose to retire which Retirement was follow'd by an Act to banish him But had he he staid and stood his Trial no doubt he had justified himself in this and in the other Articles For upon Enquiry the Writer of these Papers is inform'd that he had not procured any Grant of the Crown Demeasnes And as to Clarendon Park now in the Family and which was Crown-Land that he bought it at the full Value of the Old Duke of Albemarl who had begg'd it of the King But if he had received any Gift of Forefeited Estates or in Money his long services and sufferings and his having been a Companion in his Master's Exile might very well deserve any such sort of Bounty Journal of the House of Commons Jovis 15 die Jan. 1673. Articles of Treasonable and other Crimes of high Misdemeanor against the Earl of Arlington Principal Secretary of State being open'd were presented to the House and read The Articles containing matter of Treason were seven It was further open'd That the said Earl had been guilty of many undue practices to promote his own Greatness and had embezzel'd and wasted the Treasure of his Nation Art 1. By procuring vast and Exorbitant Grants for himself both in England and Ireland breaking into the Settlement of that Kingdom and dispossessing several English Adventurers and Soldiers of their Properties and Freeholds in which they were duly and legally stated without any Colour of Reason or suggestion of Right Art 2. By charging excessive and almost incredible Sums for false and deceitful Intelligence Art 3. By procuring His Majesties Hand for the giving away between his first Entrance into his Office the Value of Three Millions of Sterling Money at the least the several Grants whereof are extent countersigned by him and by him only Martis 20 die Jan. 1673. The House resumed the adjourn'd Debate concerning the Lord Arlington The Question being put That an Address be presented to His Majesty to remove the Earl of Arlington from all his Employments that are held during His Majesty's Pleasure and from His Majesty's Presence and Council
given away as Forfeitures Escheats and Wards were restrain'd to the Crown and kept to the King himself And in other Countries as well as in England They who deceiv'd or robb'd the Prince were highly punish'd Among the Romans the Crimen peculatus was accounted Capital Crimen Peculatus hoc est Furtum Principis aut Reipublicae Quisquis igitur in administrandis aut dispensandis Principum bonis ita infideliter se gerit ut eas Pecunias furetur aut Clanculariis Technis eripiat aut ad proprium commodum ab utatur aut ad alios certe usus quam ad usum Principis is puniendus quadruplo exilio Imo juxta multorum sententiam puniendus est capitaliter L. unica C. de crimine peculat †Cap. de Pec. p. 444. Damhouderii Praxis Rer. Crim. Hujus Criminis Accusatio quinquennio durat ejus poena aquae ignis inter dictio in cujus locum hodie successit deportatio Wesenbecius ad Leg. Jul. de Peculat In France several Persons of the highest Rank have been Capitally punish'd for Frauds committed in the Princes Revenue of which we shall give several Instances But First we shall give a President of a Financier or Treasurer who was Honest of his own accord But Mezeray observes the Example will always remain singular Girard de Possi in the Reign * Mezeray vic de Phil Aug. of †Phillip Augustus had wrong'd his Master of Eleven thousand Marks of Silver which he refunded into the Exchequer Girard de Possi qui manioit les Finances y remit de son propre fonde onze Mille Mares d' Argent il est a croire qu'il les avoit gagne avec le Roy mais quoy qu'il en soit on peut dire que cet Exemple sera toujours unique qu'on ne verra jamais de Financier qui le veuille suivre Quelque chose qu'on fasse ces Gens la iront plustot au Gibet que de venir a Restitution Vie Philip le Bel. In the Reign of Phillip â—e Bell Engherand le Portier Seigneur de Marigni rais'd excessive Taxes upon the People filling his own Coffers at the same time Il y avoit quatre Cheffs d' Accusation contre luy Davoir altere les Monoys Charge le Peuple d' Imposts vole plusieurs grandes sommes degrade les Forests du Roy. There were four Heads of Accusation against him That he had alter'd the Coin loaded the People with Taxes Robb'd the King of a great Summ of Money and cut down the Timber of his Forrests He was try'd by the Peers and Barons of the Kingdom condemn'd and hang'd This Man was succeeded in his Employment by one Peter de Remy Sieur de Montigny who trod in the Steps of his Predecessor and was likewise sentenc'd to death in Parliament in the Vie de Phil. de Valois Reign of Phillip de Valois His Confiscation amounted to Twelve hundred thousand Livres a prodigious Sum for those Times Par Arrest du Parlement ou se trouverent 18 Chevaliers 25 Seigneurs Princes le Roy Mesme il fust condemne a traisner pendre comme Traistre au Gibet de Montsaucon qu'il avoit fait rebastir Sa Confiscation montoit a douze cents mille Livres sommes prodigieuse pour ce Temps la. Vie de Charles 6. In the Reign of Charles the 6th There was one John de Montaigu who was a kind of Surintendant des Finances or what we call Commissioner of the Treasury whom Mezeray describes to have been a little insolent Fellow who from a low Degree and without any great Merit of his own and only by the King's Favour was got into great Employments where giving Offence by his Pride and Arrogance the Great ones at last fell upon him and he was Accus'd Condemn'd and Hang'd But take the Author 's own Words and his Description of him C'estoit un homme de mediocre Naissance fils d'un Burgeois de Paris que la faveur du Roy sans beaucoup de merite de son costé avoit eslevé jusqu'à la charge de Grand Maistre de sa maison ses freres l'un à l'Archevesché de Sens l'autre à celuy de Paris Ses richesses immenses qui ne s'acquierent jamais sans crime aveuglerent ce petit Homme donnerent dans les yeux des Grands En sorte qu'il avoit marié son fils avec la fille du Connestable d'Albret ses filles à des plus grands Seigneurs du Royaume Quoy qu'il eust fort servy à la Negociation du Traitté de Chartres Neantmoins le Duc de Bourgogne le Roy de Navarre conspirerent sa perte parce qu'il avoit donne le conseil d'emmener le Roy a Tours Ils le firent accuser de plusieur crimes énormes prenant leur temps que le Roy que l'aymoit etoit dans sa folie Il fut arresté par Pierre des Essards Prevost de Paris examine par des Commissaires du Parlement tourmenté horriblement à la Question La donleur ne tira rien de sa bouche neantmoins il eut la teste trenchée aux Halles A la mort il confessa de son bon gré la depredation des Finances qni contient en soy tous les plus grands crimes Le tronc de son Corps fut pendu au Gibet sa teste plantée sur un pieu SECT V. That the Forfeited Estates in Ireland ought to be applyed Towards Payment of the Publick Debts LAST Year there was deliver'd in an Accompt of such Parliamentary Fonds as were deficient and for which no Provision was made March 4. 1698 9. The Heads of which are as follow  ll s. d. That in the Duty upon Low Wines there would at Lady-Day 1701. be a Deficiency of 20,000 0 0 The Deficiencies in several Fonds granted to pay off the Exchequer-Bills besides the Interest due and to be due upon them computed at 923,244 12 8½ Carry over 943,244 12 8½  ll s. d. Brought over 943,244 12 8½ The Deficiency in the 3 Shill Aid granted 1695 besides Interest computed at 416,000 0 0 In the Duties upon Parchment and Paper a Deficiency of 15,400 0 0 The Deficiency in the Leather Duty computed to the 20th of Apr. 1700 to be about 426,438 0 0 In the Duty upon Malt a Deficiency of about 625,000 0 0 In the Aid by a Quarterly Poll granted 1697 a Deficiency of 180,000 0 0 Deficiencies in the three Ninepences upon Beer and Ale 153,771 19 8 In all 2,759,854 12 4½ 'T is to be apprehended this Account is rather increased than diminish'd since last Year particularly the Interest due upon Exchequer-Bills and Malt-Tickets will amount to a very considerable Sum Besides which there are Arrears of several kinds not yet provided for which will be reckon'd a Debt upon the Nation And over and above all this a Provision is to be
the forfeited Estates in England in their Majesties to be applied to the Use of the War and the same were read Sabbati 3. die Feb. 1693. A Bill for vesting the forfeited Estates in Ireland c. was read the second time Resolv'd That the Bill be Committed to a Committee of the whole House Martis 27. die Feb 1693. The House resolv'd it self into a Committee of the whole House to consider of the Bill for vesting the forfeited Estates in Ireland c. Mr. Boyle reported from the Committee that they had made some Progress c. and desired leave to sit again The House resolv'd it self into a Committee of the whole House to consider further of the said Bill Mr. Boyle reported from the Committee that they had made a farther Progress c and desired Leave to sit again This Sessions a Commitee was likewise appointed to receive Proposals concerning these Forfeitures Veneris 12. die Jan. 1693. Sr. Rowland Guin reports from the Commitee appointed to receive Proposals concerning the Forfeitures in Ireland and likewise for securing the Protestant Interest there The Proposals receiv'd by the Committee may be seen in the Journals of that Year from Fol. 314. to Fol. 324. December 3 1694. A Bill was presented to the House to vest the forfeited Estates in Ireland in their Majesties read And read again a second time 10 die Decem. 1694. Anno 1695. A Bill was presented to the House to vest in the Crown all forfeited Estates in Ireland And to vacate all Grants made thereof 11 die Feb. 1695. Lecta 1 vice Anno 1695. A Bill was presented to the House to vest in the Crown all forfeited Estates in England and to vacate all Grants made thereof 11 die Feb. 1695 Lecta 1. vice Anno 1697. A Bill was presented for vacating all Grants of Estates and other Interests in Engl. and Irel. from the Crown during the Reign of the late King Charles the 2d And for appropriating the same to the use of the Publick 12 die Feb. 1697. Lecta 1 vice 25 die Feb. 1697. Lecta 2. vice Anno ditto A Bill was presented for vacating all Grants of Estates and other Interests in England and Ireland from the Crown since the 13th day of February 1688. And for appropriating the same to the use of the Publick 12 die Feb. 1697. Lecta 1. vice 25. die Feb. 1697. Lecta 2 vice Anno ditto A Bill was presented for vacating all Grants of Estates and other Interests forfeited in Ireland since the 13th of Feb. 1688. And for appropriating the same to the use of the Publick 9 die Feb. 1697. Lecta 1. vice 12 die Feb. 1697. Lecta 2. vice Anno 1698. 9 die Maii. A Bill was presented for granting an Aid to his Majesty by an imposition upon Beneficial Grants and other things therein mention'd 10 die Maii Lecta 1 vice 11 die Maii Lecta 2 vice Thus we have shewn a continued Series the Year 1696 excepted of Bills or Adresses from Year to Year relating to this matter so that if the People of England have any Right or Interest in these Lands and Forfeitures it has not been lost or lapsed for want of putting in their Claim 3dly How far in an Act of Resumption it is just and reasonable to look backwards In matters of Government 't is generally the safest Course to tread in the Steps of our Ancestors were it only for this single Reason that 't is returning so far towards our Antient Constitution which all sides will agree to have been form'd with admirable Gravity and Wisdom In the present Question we shall therefore see as far we can find in old Histories or in the Records how our Forefathers proceeded in Acts of the like Nature for which we have recited our Authorities in the third Section Henry the 1st resum'd such Lands as his Brother Duke Robert who was an easy Prince had bestowed in Normandy upon undeserving Persons But we do not find he touch'd upon any thing that had been done by his Father or by William Rufus Stephen was press'd by the Nation as well as by Henry Fitz Empress to resume only his own Grants Henry the 2d resumed the Grants of Stephen but the matter had been agreed upon in the preceeding Reign Richard the 1st did only resume the Alienations he himself had made Henry the 3d. was perswaded by his Barons to resume what had been granted away by King John his Father a Prince so profuse that in a manner he had quite undone the Nation The Resumption made by Edward the 2d had relation only to what was done in his own Reign In the Reign of Richard the 2d the Commons indeed pray that the Gifts of Edward the 3d. to unworthy Persons might be look'd into which perhaps was done in respect of the dotage and Weakness this great Prince fell into the last Ten Years of his Life But what had been worthily bestowed was to be confirmed In the Reign of Henry the 4th the Petition of the Commons was that the Resumption might look as far backward as the 40th of Edward the 3d. and therefore we see it came to nothing and only ended in taking the Profits of all the Lands and Pensions granted for one Year The Resumptions made in the Reign of Henry the 6th extended only to the first Day of his coming to the Crown 'T is true the Commons in their Petition to Edward the 4th pray that the Resumption might extend to the Reigns of all the three Henries and the Act pass'd accordingly But we may plainly see this was chiefly done to condemn their Titles to the Crown And the Resumption retrospecting so far was found so impracticable that in the 3d. and 4th of his Reign a new Act became necessary which look'd no further backward than the 4th of March in the first Year of his own Reign The Resumption made by Henry the 7th does indeed look as far backward as 34 Hen. 6. and so takes in the Grants of Richard the 3d. and Edward the 4th But because there passed four several Acts of the same Nature in the Reign of Edward we may presume that this long Retrospect could not affect any considerable number of Families and that it was chiefly level'd at those who by Power and Interest in Edward's Reign still kept the Crown-Lands and who perhaps by new Grants from Edward and Richard had defeated the Intentions of former Parliaments The Reader may see that in these Resumption most of the Presidents reach only to the present or to the Reign immediately preceeding which is consonant to the Laws of all Nations that have prefixt some limited time after which Men should think themselves safe and quiet in their Possessions They without Doors who have desir'd that forfeited Estates of Ireland might not be look'd into have endeavour'd to obst ruct the good Intentions of the Parliament by crying we are willing to Resume provided you will go far enough backwards We shall join
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