A DISCOURSE UPON Grants and Resumptions. Showing How our ANCESTORS Have Proceeded with such MINISTERS As have Procured to Themselves GRANTS OF THE Crown-Revenue; And that the Forfeited ESTATES Ought to be Applied towards the Payment of the Public DEBTS. By the AUTHOR of, The Essay on Ways and Means. Apud Sapientes cassa habebantur, quae neque dari, neque accipi, saluà Republicâ poterant. Tacit. Hist. Lib. III. LONDON: Printed for JAMES KNAPTON, at the Crown, in St. Paul's Churchyard. 1700. INDEX. SECTION. I. INTRODUCTION. ALL Governments wisely Constituted have set a aside a Proportion of their Wealth for Public Uses, Page 1 In the Kingships settled by the Goths, Hunns and Vandals, the Conquered Country was divided, 3 Good Princes have always reckoned their Revenues as belonging to the Public, ibid. Thrift in the Public necessary, because indigent Princes have seldom been known to compass great Things, 5 Profusion in a Court destroys all sort of Order, 6 Kings reduced to straits, ever involved in dark and mean Intrigues, ibid. Wise Ones therefore have retreated as soon as possible from so dangerous a Step, 8 But in Case of Negligence, how the Wisdom of the Laws have provided for them, 9 By inflicting severe Punishments on such as deceive him, ibid. Especially on such who break their Trust, ibid. And by Resumptions, 10 However 'tis always difficult to keep the Prince from being Robbed, ibid. The People repine not to see a Prince conser his Favours upon deserving Men, if with Moderation, 11 Those who Rob him, try to be safe by their Numbers, 13 But yet they have been reached, ibid. How Maladministration sometimes gets Footing, but is afterwards corrected, Page 14 Our Happiness under a stout and wise Prince, 17 The present Disorders to be attributed to the Corruptions of the Times, 20 The King's Character, with a Description of his Actions and Virtues, 20 to 24 A Prince who would reform the State must expect to meet with great Difficulties, 25 What Artifices such as are guilty will▪ use, 26 What they will allege in their Defence, 28 The false Colours they will endeavour to give to their Actions and Councils, 31 They will poison the Prince's Ear with false Whispers, and misrepresent to him his best Friends, 33 Whither 'tis Politic to nourish Factions in a Court, 34 Why some People in certain Junctures withdraw from public Employments, 38 How all the ablest Men may be induced to embrace the Service of the Government, 39 A Prince who will correct Abuses seldom wants Assistance, 40 The Author's Reason and Inducements to handle this Matter of the Grants, 42 The Method he intends to observe in discoursing upon this Subject, 43, 44 SECT. II. OBSERVATIONS on the Management of the Romans in their Public Revenues. VAlerius Publicola first lodged the public Money of Rome in the Temple of Saturn, Page 46 As the Empire extended the Romans more solicitous to gather a public Stock. This done that they might not burden the Plebears, 47 The exact Fidelity of their Commanders in bringing the Spoils gained by War into the Common Treasury, ibid. Till some time after the last Punic War none thought of growing Rich by Spoils gotten in the War, 48 They who did it were Men who hatched wicked Designs against their Country, ibid. The Romans made every War bear its own Charges, 49 Instances of great Sums from Time to Time brought into the Common Treasury, 49 to 52 No Empire strong enough to carry on a long War singly upon its own Revenues, 53 The immense Treasure gathered by Augustus, and which Tiberius left behind him at his Death, 57 All which Caligula consumed in less than a Year, ibid. The Difference the Roman Emperors made in the public Revenues and the Prince's private Patrimony, 58 Profusion in wicked Princes the first Spring of all their other Vices, 62 The prodigious Debt into which Rome was plunged in the Course of Three bad Reigns, 63 The Debts of the Empire forced Vespasian, a good Prince, upon dishonourable Courses of raising Money, 64 The vast Treasure gathered and left by Nerva, Trajan, Adrian and Antoninus Pius, 66 Antoninus Pius would not account the public Revenues to be his own, ibid. What had been gathered in Five wise Reigns was wasted by Commodus in less than Thirteen Years, ibid. The Profusion of Caracalla, 72 A Brief Account of the Roman Coin, 73, 74 Coin the Pul●e of a Nation, 77 When the Romans began to buy Peace, 78 What a Number of Reigns Rome saw in 89 Years, 79 When the Goths began to invade the Roman Dominions, 80 The Care of Mesitheus, chief Minister to the Emperor Gordian, 81 Original of the Ruin of the Roman Empire, 83 The Division of the Empire one Cause, 85 But the principal Cause was that Poverty which the Profusion of their Emperors had brought upon the Provinces, 87 SECT. III. Of RESUMPTIONS. A Brief Account of the Original of the English People, and of the Ancient Constitution of this Kingdom, Page 89 to 96 The Original of the Ancient Tenors in England, 98 High Customs and Excises not thought on in the Gothick Establishments, 101 These sort of Duties made use of by the Romans, and set up again first in Italy, ibid. In all the Gothick Settlements, the Prince's Revenue consisted in Land, 103 In forming this Constitution, our Aucestors took Care to make ample Provision for maintaining the King's Crown and Dignity, 104 When those Lands and Revenues were parted with, which were allotted for his and the State's Service, Parliaments have seldom failed to restore and relieve his Affairs by Acts of Resumption, ibid. Of Doomsday Book, 105 Of the yearly Revenues of William the Norman, ibid. The Number of Manors then belonging to the Crown, ibid. What was called Terra Regis in Doom's-day-Book, anciently esteemed not alienable, 106 William Rufus a profuse Prince, 107 Henry the First provident, he punished Ranulphus, Bishop of Durham, who had been the Minister of his Brother's Extortions and Profusions. Resumed what had been lightly given away by Duke Robert in Normandy, ib. An Account of King Stephen. He was brought to a Composition with Henry Fitz Empress, in which Agreement one Article was, That he should resume what Crown-Land he had alienated, 108 Which Agreement Henry the Second took care to see put in Execution: And he rid the Court of Foreigners, calling several of his Officers to an Account, 109 What an immense Treasure his provident Care had accumulated; which was consumed by Rich. 1st, in the Holy Wars. Rich. compelled to resume his own Grants, 110 The Money raised in England in Two Years of this Reign, 112 An Account of King John, 113 Henry the Third resumed what had been alienated by King John; and at the Instance of the Barons he banished the Foreigners. In this lose Reign the Money of England corrupted, 114 In the Reign of Edward the First, the whole Set of Judges punished and fined for their Corruptions, 116 In the Reign of Edward the Second, an Ordinance to prevent Alienations of the Crown-Revenue. And a Resumption made. The Records for this. 117 Great Profusion and Misgovernment in the Reign of King Richard the Second. The Rapine of the Ministers of those Times occasioned Acts of Resumption; several Records produced to this Purpose, from 119 to 127 In the Reign of Henry the Fourth, the Commons pray that a Resumption may be made. The Record, 127 In the Fifth of this Reign, the Commons pray that the King will take Care for the Repair of his Castles, in particular Windsor Castle, and of the Maintenance of his Parks. And complain that the Lands assigned for the Repair of Windsor Castle are granted away, praying they may be resumed. The King's Answer. The Record for this, 128 Lands and Manors annexed to Windsor Castle 31 Henry 8th, 131 The same Year of Henry 4th, the Commons pray that Lands alienated from the Duchy of Cornwall may be resumed. The King's Answer. The Record. 132 In the 6th Year of the same Reign, the Commons again pray for a Resumption. The King's Answer. The Record, 133 What ●ort of a Resumption was then made, and the Reasons for it. The Record, 140 In the Seventh and Eighth of this Reign the Commons pray that the Lands to be conquered in Wales, may not be granted away the first Quarter of a Year. The Record, 143 In the same Year the Commons pray, that certain Foreigners by Name, may be banished, which is granted and the King order an Account to be delivered in Chancery of what Grants they had obtained. The Record, 144 In the 11th of this Reign the Commons pray, that no Alienation of the Crown-Revenue may be made, to which the King assents. The Record, 145 What sort of Resumption was made in the Reign of Henry the Fifth. The Record, 148 A Resumption made 28 Hen. 6. The Record. 149 to 158 The Exceptions or Save inserted by the King in this Resumption, 159 to 178 Another Resumption the 29th of this Reign, 181 Another Resumption the 33th of the same Reign, 193 A Resumption the 1st of Edward 4th. The Record, 208 Another Resumption 3d and 4th of the same Reign, 210 In the 7th Edward 4th. The King invites his People from the Throne to make an Act of Resumption, 214 A Resumption 7th Edward the 4th. The Record, 216 The King by the Mouth of the Chancellor thanks the House of Commons for this Resumption. 221, 222 In the 13th of the same Reign there passed another Act of Resumption, 222 The Method which was taken in this Reign to pay the King's Debts. See the Record, 225 In the 1st of Henry 7th there was one General Act, and afterwards other particular Acts of Resumption, 232 What Sort of Resumption was made Ann. 6. Hen. 8, 238 The Author has himself examined at the Tower the French Records cited in this Book, 243 All the Resumptions recapitulated, 244, 245 Several Observations upon these Acts of Resumption, 245 to 248 The Effects these Acts of Resumptions produced, 249 In what Posture the Crown-Revenue stood, 28 & 29 Hen. 6. ibid. How it stood in the Reign of Hen. 7. what Taxes he had, and what an immense Sum he left behind him, 249, 250 The Acts of Resumption principally put the Crown-Revenue into the State Hen. 7. left it at his Death, 250 The State of the Revenue, Anno 12. Eliz. 252 The Reason why no Resumption could be proper during her Time, ibid. Resumptions talked on in the Reign of King James the First, ibid. What Steps were made towards a Resumption in the Beginning of King Charles the Second Reign, 253, 254 State of the Revenue at King Charles' Restauration, 255 Sir John Fortescue's Opinion concerning Resumptions, out of a Manuscript in the Bodleian Library, 257 to 262 When the Debtors or Accomptants to the King have been unreasonably discharged, Privy-Seals have been revoked. The Record, 263 SECT. iv That several Ministers of State have been Impeached in Parliament, for presuming to procure to themselves Grants of the Crown-Revenue. WHat sort of Power our King's anciently had to alienate the Crown-Revenue, 274 The Opinion of some Authors upon this Subject, 275 Observations upon the Scaccarium and Hanneperium, ibid., In Alienations the King trusted as Head of the Commonwealth, 278 The Danger if Alienations might not be enquired into, 279 'Tis manifest the Legislature has a Power to inquire into Grants, ibid. Resumptions an extraordinary Exercise of the Legislative Authority, 280 What Provision the Wisdom of the Law has made, that there may not be occasion for 'em, ibid. If this does not do by calling corrupt Ministers to an Account, 281 The Care Hen. 4. took in the Revenue, and the good Laws thereunto relating, ibid. The Effect it had, 283 The Care our Ancestors had long before taken in this Matter, 284 1st, By regulating the Expenses of the King's Court, ibid. 2dly, By desiring the King to employ wise and able Men, 285 3dly, By procuring the Banishment of Strangers, who were become a Burden upon the Court, ibid. 4thly, By appointing Commissioners to inspect the public Accounts. The Record, 287 5thly, By enquiring into the Management of particular Branches, 290 The Provisions which our Constitution has established, that the King may not be deceived, 291 The Progress Grants aught to make, 292 First in the Treasury. The Treasurer of the Exchequer, or Lord-Treasurer's Duty and Oath, ibid. From thence the Grant goes to the Attorney-General. His Duty, 204 From thence to the Secretary of State. His Duty, 295 From the Signet it should go to the Lord Privy-Seal. His Duty and Oath, 296 From the Privy-Seal it goes to the Lord Chancellor. His Duty and Oath, 297 All this enforced by a positive Law 27 Hen. 8. 298 The Force of the Laws enervated by Clauses of Ex certa Scientia, Graetia Speciali, & Mero Motu; and by Clauses of Non Obstante, 301 Matthew Paris his Opinion of these Clauses of Non Obstante, 302 Of the Distinction the Lawyers make between Directive and Coercive, 305 When Ministers have broke through the Laws in this Matter of Grants, our Ancestors have proceeded by Impeachments, 307 Ranulphus, Bishop of Durham, accused for Maladministration. His Character, 308 Peers Gaverton impeached for procuring Grants, The Record, 309 Henry de Beaumond accused, expelled the Council, and banished by Parliament from the King's Presence, upon the same Account, 313 The Lady Vescie accused and banished the Court in the same Manner, and upon the same Account, 314 Procuring Grants, one of the principal Heads of Accusation against Hugh Spencer, Earl of Gloucester, 315 In the 4 Edw. 3. Articles were exhibited in Parliament against Roger Mortimer, Earl of March; for having procured to himself Grants of the Crown-Revenue. The Record, 316 In the 10 Rich. 2. Michael de la Pool was impeached, for that being Chancellor, and sworn to the Kiug's Profit, he had procured to himself Grants of the Crown-Revenue. The Judgement against him: The Records, 317 to 323 In the 11 Rich. 2. the said Michael de la Pool was again accused, Articles exhibited against him, for procuring Grants of the Crown-Revenues. The Judgmeut. The Record, 324 Simon de Beurle, Lord Chamberlain, impeached by the Commons, among other Crimes, for having persuaded 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, impeached by the Commons 28 Hen. 6. for having procured to himself, and those of his Alliance and Party, Grants of the Crown-Revenue, from 340 to 352 The Judgement against him, 353 An Act of Resumption could not be obtained till the corrupt Minister was impeached and banished, 356 Articles against the Duke of Buckingham, 385 to 364 Character of the Duke of Buckingham, 365 How Favourites since have differed 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, aught 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 repealed in England, 380 Other Countries as well as England have resumed the Crown-Revenues. The Authorities for it cited by Grotius, 380, 381 Maladministration in the public Revenues punished in other Countries, 381 The Crimen Peculatus, ibid. In France several have been capitally punished for Frauds committed in the King's Revenue, 382 Girard de Possi made a Restitution of his own accord, ibid. Engherand le Portier punished capitally for Frauds committed in the Revenue, 383 Peter de Remy, Sieur de Montigny pnnished in the same Manner, 384 John de Montaigu capitally punished 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 Public Debts. AN Account 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. Wither 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 considered, 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 named and appointed in Parliament. The Record, 395 Good Kings frugal of the Nations Treasure. Examples of it, 397 Gallant Princes desire to make their People easy, instanced in Henry the 4th of France, ibid. Clamorous Debts dishonourable to a Prince, 401 How many great and warlike Kings in England have resumed, 402 2dly, What Interest the People of England have in the Lands granted away, 403 How far a Prince can alienate, etc. The Opinion of several eminent Civilians in the Case, 403, 404 What a Prince conquers at his private Expense, is at his own Disposal, 407 But 'tis otherwise if the Expedition be made at the common Expense of his People, 409 An Account of the Expenses 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 lapsed for want of putting in a Claim, 416 Proceed 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 Precedents run, 428 to 430 The generality of the Precedents 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 desired to amend with his Pen. BOOKS Printed for, and sold by J. Knapton, at the Crown, in St. Paul's Churchyard. DIscourses on the Public Revenues, and on the Trade of England. In Two Parts, viz. I. Of the Use of Political Arithmetic, 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 Public Service? V On the Public 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 Public Revenues, and on the Trade of England; which more immediately treat of the Foreign Traffic 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 Balance of Trade. Treating of these Heads; viz. Of the People of England; or the Land of England, and in what Manner the Balance of Trade may be thereby affected. That a Country cannot increase in Wealth and Power, but by private Men doing their Duty to the Public, 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 Arithmetic. 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 Politic Existence, have separated from Private Use a certain Proportion of their Wealth, and assigned it to the Uses of the Public: 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 managed with united Councils. 'Tis so necessary to particular Nations, that there never was a Commonwealth without a Public Stock, which was either great or little; sometimes according as the State continued in Peace, or was harassed with Wars; but most commonly according to the Prudence or Weakness of such as Governed; for there have been Examples (as shall be shown by and by) of States wisely ruled whom Wars have enriched, and of others loosely managed that have been impoverished in times of the profoundest Peace. Commonwealths either in their first Institution have allotted part of their Territory, or in their further Progress have assigned part of the Lands coming to 'em by Conquest for the constant Services of the State, both in War and in Peace; and this they probably did, that they might not be compelled, at every turn, to call upon the People for Contributions. Where the Government has been by a Single Person, the Prince has had his Portion of Land for his domestic Expenses, as appears in the Instance of Tarquin, whose Fields upon his Expulsion were made Public; but the Burden of any War lay upon the whole. In the Kingships settled by the Hunns, Goths and Vandals, where the Expedition was at the Common Expense of all, the Conquered Country was divided. The Prince had his Proportion, his principal Captains and Commanders had theirs, and the Common Soldier was not without his Share: Thus Genserick King of the Vandals, when he prevailed in afric reserved to himself the Provinces Bizacena, Azuritana, Getulia, and part of Numidia; and to his Army he destributed by way of Inheritance Zeugitana, and Africa Proconsularis. In the Establishments made by the Northern Nations, in consideration of the Lands so held, certain Services were due from the Soldier to his Captain, and from the Captain to the Prince; and upon the strength of such Tenors, in after times, the Descendants of these People, and their Kings, did subsist and make their Wars: but of this in another place. What they thus took, or what was allotted to 'em as their Share by Compact among their Followers, Good Princes have always reckoned as belonging to the Public, and they always made a Distinction between what they held in their Private Capacities, and what they held as Public Persons, and Heads of the Commonwealth. And though in the Eastern Monarchies erected by Force, and which were Invasions upon the Common Rights of Mankind, the Prince might account himself Supreme and uncontrollable Lord of the whole, and not bounded by any Laws; and though these Tyrants looked upon the People as no better than so many Herds of Cattle, yet it was not so in the Roman Government as 'twas modelled by Augustus, and as he meant it should be transmitted to his Successors; and most certainly it was otherwise in the several Kingdoms erected by the Hunns, Goths, and Vandals, upon the Ruins of the Roman Empire. All which shall manifestly appear in the Series of this Discourse. Good Princes have not only made a Distinction between what was their own Patrimonially, as the Civil Law Books term it, and what the Stte had an Interest in, but many of them, as we shall show by and by, in Care of the Public, and right Oeconomy, have equalled the most prudent Commonwealths. And no doubt such Thrift was always esteemed a Point of the highest Wisdom, because, the expenses of War considered, even in the remotest times, shattered indigent Governments, and wanting Princes, have been seldom known to compasa great things; besides, being without Money, the Nerves of War, they are obnoxious to the Insults and Invasions of their Neighbours; not but that wealthy countries' have been and may be invaded, but we mean that those Nations are most liable to be overrun, and conquered, where the People are Rich, and where, for want of good Conduct, the Public is poor. Moreover, there are infinite Examples in History, of Kings, whose Necessities have made Taxes, too often repeated, the only Fault in their Reigns, and who have thereby lost the Affection of their Subjects. But setting aside the Dangers, Foreign and Domestic, that arise from Profusion in what belongs to the Public, it depraves all the different ranks of men; for in profuse Governments it has been ever observed that the People from bad Example have grown lazy and expensive, the Court has become luxurious and mercenary, and the Camp insolent and seditious. Where wasting the Public Treasure has obtained in a Court, all good Order is banished, because he who would promote it, and be frugal for his Prince, is looked upon as a common Enemy to all the rest; Virtue is neglected, which raises men by leisurely steps, when Vice and Flattery will in a little time, in a Ministry who mind not what is given away, bring a man to a great Estate; nor is Industry cultivated, where he does his business sufficiently, who knows which way to apply, and how to beg in a lucky and critical moment: And, at such a Season, many of the People's Representatives lose their Integrity, when they see others running from every Bench to share in the universal Plunder of a Nation. Kings reduced to straits, either by their own, or by the negligence of their Predecessors, have been always involved in dark and mean Intrigues; They have been forced to court such as in their Hearts they abhor, and to frown upon those whose Abilities and Virtues they secretly approve of and Reverence, instead of being Heads of the whole Commonwealth, as in Law and in Reason they ought to be, they have often been compelled to put themselves in the Front, sometimes of one, and sometimes of another Party, as they saw it prevalent: A Policy in the end ever fatal to Rulers. Being entangled, they have been constrained to bring into the chief Administration of their affairs Projectors, and Inventors of new Taxes, who being hateful to the People, seldom fail of bringing Odium upon their Master: And these little Fellows, whose only skill lies that way, when they become Ministers, being commonly of the lower Rank of Understandings, manage accordingly; for their own Ignorance in matters of Government, occasions more necessities than their Arts of raising Money are able to supply; but wanting States make use of these sort of men, and Princes often think they are well served by such, because now and then they can palliate present Evils, but they do but film over a Sore, which breaks out afterwards with greater Rancour; whereas able Statesmen would obviate the Mischief in its growth, and, by wholesome Counsels, restrain their Master's Bounty before he has nothing left to give, and before his People are weary of feeding endless Expenses: But one of the worst Effects of Poverty in a State is, that it frights such as are able to mend things, men of sublime Skill, Integrity, and Virtue, from meddling in Affairs; for they well know how clamorous, slippery, and difficult the Ministerial Part of Government proves when a Nation is plunged in Debts, which generally, in all times, have produced so many Hurricanes, and popular Storms, as have made wise men, at such a season, not desire to hold the Helm; and this has fatal Consequences, for then the Ship is left to the Guidance of giddy and unskilful Pilots. All this good Princes have ever observed; and when either the greatness of their Minds, or the Benignity of their Nature, has led them to be too open handed, they have retreated as soon as possible from so false and dangerous a step. But lest they should be careless in a point so necessary to the Common welfare, and so much for their own Preservation, the Wisdom of the Laws has provided for their Safety in this matter, which fence the Prince's Revenue with divers Constitutions and Restrictions, all intended to preserve it from the Rapine of those about him; in order to which the Politic of well near all Countries has contrived that his Gifts should pass and be registered in several Offices, to the end that either some faithful Minister should put him in mind, or that he himself should have leisure to repent of Liberalities detrimental to the Public. Not only the Law of this Kingdom, but of other Places, and the Roman Laws, provide that the Prince should not be deceived in his Grants; for he whose Thoughts are employed in the weighty Cares of Empire, is not presumed to inspect minuter things, so carefully as Private Persons; The Laws therefore relieve him against the Surprises and Machinations of Deceitful Men. For his further Security the Laws likewise inflict severe Punishments upon those who defraud him in his Stores, Treasure, or Revenues, counting such Public Robbers more Criminal than petty and common Theives. But the Laws seem chief levelled against those in whom he reposes the greatest Trust, therefore the Legislative Power of all Countries has rigorously animadverted upon such Ministers and Officers, through whose Fraud, Negligence, or Crime, his affairs have suffered any damage, of which in its proper Place we shall give variety of Precedents. And when he has been exhausted by the too great Munificence of his own Temper, and through the false Representations, and subtle Contrivances of those about him, and when thereby the Public has become weak, ruined, and unable to protect itself, he has been assisted by the Laws, and such as have been vigilant for his safety, jealous of his honour, and careful for the common Good, have thought it their Duty to look into his Gifts, and to resume his Grants, of which we shall give divers Instances and Examples. But notwithstanding the Wisdom of the Laws, and of Lawmakers, it has been always a Point of the highest difficulty to keep within its proper Veins this Lifc▪ blood of the Body Politic, so prone have corrupt Ministers ever been to urge Princes to needless and destructive Bounty, especially when they themselves are to be the largest sharers in it. King's are the Fathers of their Country, but unless they keep their own Estates, they are such Fathers as the Sons maintain, which is against the order of Nature, who makes all these Cares descend, and places Fostering, Nourishment, and Protection in the Parent; but the Prince is our common Father, and therefore all that tends to his Safety, Ease, and State, is due to him, however the less he is necessittaed to depend upon his Children, the more he is respected. And Kings are not to account themselves Fathers of a Party only, or of none but those who rush into the Presence and whisper to 'em, they are Fathers of the whole Body of the People; They are not to reckon themselves Fathers of of their Favourites only, as Harry the 3d of France did, who said he Would grow a good husband when he had marrye● his Children the Dukes of Joyeuse and Espernon: Their Paternal Affection is to reach to all their subjects. And as in a private Family, Partiality to one Brother begets Hatred and Divisions, so in a Nation it produces Discontent and Heartburnings to see three or four, without any superior Merit, lifted high over all the rest, enriched with the Universal Spoils of a Country, and wallowing in Luxury and Wealth, while the whole People groans under heavy Burdens. Not that Mankind repine that the Prince should have Friends, with whom he may communicate his Thoughts, and unbend his Cares, nor to see such Friends the better for his Favours, 'tis warranted by Examples in the best Reigns; Maecenas and Agrippa, cherished, enriched, and promoted by Augustus, were yet as dear to the rest of Rome, as they were to that wise Emperor: But they behold with Indignation Men exalted, who return not to the Prince reciprocal kindness, who abuse his Favours, who sell his Words, who, by false Representations, traduce all others, that they may engross him to themselves; who arrogate to themselves all the Good, and lay upon him the blame of unfortunate Councils, who have no regard to his Honour, when their own Safety is in question, whose Advices tend to their own private Profit, without Consideration of their Master's, or the Public Welfare; who draw all Lines to their own corrupted Centre, whose Ambition is not gratified with any Honours, and whose Avarice is not satiated with multiplicity of Employments, nor with repeated Gifts and Grants out of a stripped Revenue, and an exhausted Exchequer. 'Tis such a sort of Favourites and Ministers that the People hate, and exclaim against, and whose Heads they commonly reach at last. Without any regard whither or no it be between Sun and Sun, if the Prince is robbed the Country pays it; and therefore when the Hue and Cry hotly pursues the Robbers, Governments are not to wonder: 'Tis true, they now and then escape, especially when in their Depredations upon the Public there are a great many concerned, and when they have made so large a Booty, that they become safe by the multitude of those who have been Partakers in it (for it has been the constant Course of Ministers who would rob a Nation with Impunity, to give to all that ask, and to refuse no man who has either Interest or Parts, that fortified by a strong Confederacy they may bear down all sort of Inquisition and outbrave the Laws) but very often the wants of the people, crying aloud, have awakened good Patriots, and bold Spirits, whom neither the Power, nor the Number of the Offenders, could affright; and these Lovers of our Constitution, in many former Reigns (as shall be shown in the progress of this Discourse) have courageously attacked, and brought to Condemnation, persons in the highest places of Authority, who, in breach of their Trust, had presumed to procure to themselves Grants of the King's Lands or Treasure, and who had converted to their own use what was given and intended for the Maintenance and Preservation of the State. Princes, when they come to know the true state of things, are not unwilling to prevent their own Ruin, which is manifest from this, That the most Wise, Valiant, and most Heroic of our Kings (as shall likewise appear by and by) have given way to Inquiries of this nature, and not thought it inconsistent with their Royal Dignity and Honour, to resume even their own Grants, when they have been represented by the whole Body of their People as hurtful to the Commonwealth. In Democratical Governments War did commonly unite the minds of men; when they had Enemies abroad they did not contend with one another at home, which produced one good effect, that then the Administration of Affairs was left to the best and ablest Hands. They chose for their mutual Strive, for setting afoot Factions and dangerous Brigues, times of the profoundest Peace, and at such seasons men grown Popular by wicked Arts, ambitious Pretenders, light Orators, and the worst sort of Citizens, had the most sway and Authority among the People, which occasioned Photion to utter these memorable words to one of this stamp, I am at present against War, though it puts the Power into my Hands, and though such turbulent and naughty Spirits as you are, govern all things in times of Peace. But notwithstanding it has thus happened in some Commonwealths, it has proved otherwise in mixed Governments, where the several parts of the Constitution have their distinct Powers, Rights and Privileges: And particularly in this Kingdom it has been seen that men's minds have been most disunited, when there was the greatest need of Concord. Among us heretofore foreign Wars, instead of allaying Factions for the present, have set 'em in a higher Flame, and, contrary to ancient Prudence, when we wanted the best, the worst men have got to be at the Head of business: All which did chief proceed from the Necessities to which our Princes were reduced by their Expeditions abroad: For War occasions Taxes, Taxes bring Want, Want produces Discontent, and the Discontents of the People were ever the best Materials for designing and ambitious men to work upon; when the People is grieved and sullen, Parties are easily formed; when Parties are formed, at first they let themselves be advised and ruled by such as have true Public Zeal and Virtue, but of those they grow quickly weary, and then they fall into the hands of such as only make a false Profession of it, and in a little time they are entirely directed by Persons, whose sole drift is to build their own Fortunes upon the Ruins of their Country; in the mean while the strength and number of their Party makes these leading men powerful, and gives 'em such weight that they must be courted, preferred and bought; often they must have one half to procure the other; and so considerable do they grow, that if they are suffered, they presently invade all Offices and Employments, in which when they are securely planted, they likewise give to one another all the Lands and Revenues of the State: And our Histories show, that in former times, Princes reduced to straits by War, have been forced to wink at this, and to permit these busy men, than thought necessary, to do all, engross all, Rob the Public, share the Crown Lands, and in short to commit what other waste they please. Thus as in Commonwealths the worst men are most powerful in times of Peace, under Regal Governments they are strongest and ablest to do hurt in times of War: But whereas in Commonwealth's Peace has brought sundry Mischiefs, in the Government by Kings it often produces good order, and better Administration; for several of our Princes, whose Necessities compelled 'em to endure the Rapine of their Ministers in time of War, have, in times of Peace, divested those Public Robbers of their unlawful and outrageous Plunder. We have now upon the Throne a King willing and able to correct the Abuses of the Age, Willing from the wisdom of his Mind, and the goodness of his Temper, Able from that Power and Strong Interest which his Courage and his other numberless Virtues have procured Him in the Hearts and Affections of his People. Men readily obey and follow him whom they reverence, for which reason some Philosophers have placed the Original of Power in Admiration, either of surpassing Form, great Valour, or Superior Understanding; Heroic Kings, whose high Perfections have made 'em awful to their Subjects, can struggle with, and subdue the Corruption of the times; A Hercules can cleause the Augean Stable of the ●ilth which had not been swept away in thirty years. Princes whom their Effeminacy, Weakness, or Levity have rendered contemptible, may fear Idols of their own making, and stand in awe of Men become terrible, only by greatness derived from them. They may be afraid to pull down Ministers, and favourites, grown formidable by the united Councils of their Faction, by the Number of their Followers, and strength of their Adherents, and so let maladministration proceed on, as thinking it too big to be amended; but magnanimous Kings, who have the People of their side, need entertain no such Thoughts and Apprehensions: they know that these Top-heavy buildings▪ reared up to an invidious height, and which have no solid Foundation in Merit, are in a Moment blown down by the breath of Kings. Good Persons indeed, grown great and popular from the ●ame of their real Worth and Virtues, may perhaps be dreadful to bad Rulers, but bad Men, let 'em have never so much seeming Greatness, and Power, are very rarely dangerous to good Princes. The Cabals of a Party, the Intrigues of a Court, nor the Difficulties some may pretend to bring upon his affairs, never terrify a Wise and Stout King, bend to reform the State, who has the love of hi● People, and whose Interest is one an● the same with Theirs. We have neve● yet heard of a Tumult raised to rescue ● Minister whom his Master desired to bring to a fair Account; On the contrary, to see upstarts, and worthless Men, inrich● with Spoils of a Country, has been th● Occasion of many popular Seditions, which wise Kings have appeased by a just and timely Sacrifice. None are so able to mend what is amiss in State as Kings who enjoy their Crown from the Subjects Gift; May be it has been sometimes thought harsh in those who were born in Purple to look into abuses with a Stricter Eye than their Predecessors; But Elected Kings are presumed to come in upon the Foot of Reformation, and so are justified, by the Voices of all Mankind, in pursuing the Ends for which they were called by the People; If therefore such Kings are severe in looking into their Accounts, If they are frugal of the Public Money, If they examine into the Corruption of their Officers, If they inquire into the sudden and exorbitant Wealth of those who have had the handling of their Treasure, If they rigorously punish such as in breach of their Trust, and contrary to their Oaths, have converted to their own use what belongs to the State, If they abandon and resign into the hands of Justice such as have robbed them and the Public, If they resume what has been obtained fraudulently by surprise, and upon wrong suggestions, and If they take back what was too great to give, and much too great to be asked, 'tis with the universal Applause of the People, whom this Care relieves from frequent and heavy Taxes. There is no Good which may not be expected from the Wisdom and Resolution of the Prince who now fills the Throne: When he came over hither he found many of the Chief Rank and Figure overwhelmed in Public and Private Vices, and in a Country so corrupted, 'twas difficult to have a virtuous Court. They who should have helped him to mend Things, were readier to promote the Disorders by which they might thrive, than to set afoot a Frugality, under which they could not so well do their own business; If they had Preached up Thrift, as necessary to carry on a long and expensive War, with what Face could such a Great Man have begged such a parcel of the Crown Lands, one a vast sum of Money, another this forfeited Estate, One so much Timber out of the Forest, his Friend such a Reversion, his Friend's Friend such a large Pension? And if they had held the Purse close shut up to others, they must have blushed when they were begging so much for themselves. All these disorders are to be attributed to the Corruption of the Times, and to the necessities thereby introduced, when Parties were to be gratified, when turbulent Spirits, who could obstruct affairs were to be quieted, and when too many expected to be paid for preserving themselves, and their own Country from a foreign Enemy; Insomuch that when our Story comes to be read hereafter, Posterity will wonder (where the Subjects were so craving at Court, and in another Place) how the Prince could save, from such a Number of Spoilers, wherewithal to carry on his Wars abroad. The King's admirable Conduct has waded through all these Difficulties, He has given as a Peace when the continuance of the War was desired by too many at home, as better conducing to their dark designs. At his first coming over he saved that Religion which our mean Compliance under former Princes had put in danger. His prudence kept for ten years a People, divided amongst themselves, united against the Common Enemy. All the Misfortunes in his Reign have been the Result of our proper Corruptions, all the Good the Effects of his own Wisdom, and his Virtues will at last bear down, and master all our Vices. He first formed that League which has preserved the Liberties of Europe. He has with a Confederate Army managed a long War, and brought it to a good Conclusion, of which there are but few Examples in History; for though the beginnings of Confederacies have been always vigorous, and successful, their Progress has been generally feeble, and Event unfortunate. By his Interest and Power he has made a King of Poland, an Elector of colein, and erected a ninth Electorate in the Empire. He has restored the Duke of Lorraine, and taken the Bridle off from the Heads of the Italian Princes, by having been the Cause that Cazal and Pignerol were demolish d. He has procured advantageous Terms for all his Allies. He has caused fortified Towns and large Provinces to be restored, which had been couquered long before He forced his Potent Neighbour to make the the first Advances towards a Peace, which is more than Wise Men, when the War began, could promise to themselves in their most Sanguine Hopes. He made himself be sought to when his Enemies prospered, and when the Confederate affairs declined. All which are manifest Proofs that he is as Great in the Cabinet as in the Field. And, to Crown all his Glories, by one Act he has shown his Goodness to humane kind, and given a Demonstration that he never desired Power but for the Benefit of others: His so cheerfully disbanding the Army at the request of his Parliament, is a Proof, beyond all Contradiction, that he both Loves and Trusts his subjects, and that his Noble Mind, conscious of no ill is apprehensive of no Danger. While Tyrants, who enslave their Country, are afraid tho environed with Numerous Troops, He knew himself to be sufficiently guarded by the Affections of his People: Many Princes who have taken up Arms to relieve an oppressed Nation, have made it appear, in the course of their Proceed, that they were incited to it by some Ambitious Ends, and not alone moved by a true desire of that Fame which follows virtuous Deeds, and the People they came to redeem have afterwards found that they did no more than change one bad Ruler for another; But this Heroic King has followed the Pattern of Timoleon the Corinthian, who not only rescued the Sicilians from Tyranny, but likewise left 'em in full Possession of their Freedoms: He has squared his Actions by those of T. Quintius Flaminius, who when he had subdued the Macedonians, and reduced King Philip to Terms of Peace, erected an eternal Trophy to his future Renown, when he pronounced by the Voice of a Herald, That Greece should thence forward be exempt from Taxes, Impositions, and Garrisons, and Free to Govern itself by its own Laws. The same Liberties did the King in effect Proclaim for ever to all England when he delivered us from the Expenses, and (which lay more heavily upon us) from the Terror of a Standing Army. His happy Reign has not only freed our Persons, but likewise set our Minds at Liberty, which had for many Years been enslaved by wrong Principles of Unlimited Obedience due to the unlimited Exercise of Power: Notions with which the Schools had poisoned our Youth, and which only served to draw the Prince on to Govern amiss, but proved no security to him when the People were grown weary of ill Government. The late Revolution, justified by its Necessity, and by the Good it has produced, will be a ●asting Answer to all that foolish Doctrine; so that, with the other Blessings of this King's Accession to the Throne, the very Precedent is not to be accounted among the least: Insomuch that what we did at that time, not only freed us then, but has set Liberty itself upon a better Foot, and cured us of those blind Errors, and dark Mists which our own Luxuries, and the Craft of Courtiers, had brought upon our Understanding. A Prince thus adorned, feared for his Courage, admired for his Wisdom, and beloved for the Good he has done his People, must certainly be able to surmount the greatest Difficulties. 'Tis not a Baffled and disheartened Party, lingering may be after their former Bondage, can give him any Opposition Much less need he apprehend the Mercenary and inconstant Crew of the Hunters after Preferment, whose Designs are always seen through, who are despised as soon as known, and who only lead one another. But a King who would reform the State for the general Ease and Benefit of his People, must expect to meet with some Difficulties, especially if a great many of those about him are Partakers in the Abuses he would correct: All sort of Rubs will be laid in the way, and the Fears of such as may be called to an account will make 'em set all kind of Engines at work. First they will put a high Value upon their own Deserts, and arrogate to themselves the Single Merit of the many Millions which the whole Nation has both freely paid and Granted: They will produce Precedents of other Ages, and show long Lists of Grants obtained under former Reigns; but, at the same time, they will take care not to mention how such Proceed have been always Resented, and often Punished in this Kingdom. They will endeavour to blast the Reputation of such as would inquire into their Actions; and though perhaps there are no other possible Ways and Means left to supply the State, but by making 'em disgorge, and but by bringing them to a Restitution, yet they will pretend that all Motions leading thereunto, and all Inquiries of this nature, are nothing but the Effects of Discontent, and the Result of Faction. And because, in all their Do and Councils, they have never had any view but their own private Profit, they will do their best to persuade the World, that no man acts upon Principle, that all is swayed by particular Malice, and that there is not left in the Kingdom any Party of men which consult the Public Good. They who are conscious of their Gild, and apprehensive that the Justice of the Nation should take notice of their Thefts and Rapine, will try to give all things a false Turn, and to fill every place with false Suggestions: Sometimes they will accuse Innocent Persons, that so, by putting the People upon a wrong Scent, they may avoid the Pursuers, and scape unpunished: At other Seasons they will boast of the Number of their Friends and Adherents, thinking to awe both the Court and Country with an Opinion that their Party is too Strong, and too Powerful to be resisted. And, that the knowledge of their Crimes may never reach the Prince's Ear, they will endeavour to engross him to themselves, by misrepresenting all others that are not of their Cabal, either as disaffected to his Person, or as Enemies to Kingly Government. Thus they did heretofore; and though there were truly but two Parties in England, consisting of those who would promote maladministration, because they got by it, and of those who desired things might be well Govern▪ d, that they, and such as they represented might be eased; which two sides were heretofore distinguished by the Names of Court and Country Party; to which likewise they could have put an end, whenever they had pleased to have minister▪ d less occasion of Complaint; yet they will revive old Names of Distinction, giving odious Appellations to the best Patriots, pretending there are dangeroes Factions formed, so to frighten the World with Phantoms of their own Creation. These false turns they will give, and these wrong Suggestions they will make, in order to drive all Power into what they call their own Party, as if any Prince could be safe that should rely upon so narrow and Rotten a Bottom. And when their Actions shall hereafter come to be examined in that Place to which our Constitution has entrusted the Inquiry into, and the Punishment of such Offences, 'Tis probable That up will rise some Arrogant Man more Zealous for Himself than for his Master, and cry, All that we have given among one another we have deserved by our Services, and Labours in the State; what Projects have we not set afoot, and what sums have we not procured? Did not the Ministers in King Charles's Reign give away the Crown Lands; Recall those Grants, and we are ready to surrender ours, Resume all or none: 'Tis next to Demonstration that these Clamours arise from a This ontented Party, who would disturb the Government; they who lookinto our Proceed act out of Malice, because of the great thing we have done against France; what if such a one got a hundred thousand pound at once, did he not save the Nation? If we are used thus, what Encouragement will there he to serve Princes? For my part I will never meddle more in your Business; All this tends to lessen the Monarchy, invade the Prerogative, and to set up a Doge of Venice. I Sir (perhaps there may be added) and the Majority are of this Opinion. By this high Bearing, and these false suggestions, heretofore, well meaning Persons have been frighted from reaching at great offenders, and even the best Patriots, by seeing with what warmth and Zeal the smallest Corruptions are defended, have been wearied into Silence; And this has made some of our Kings believe that either the Offenders were grown above the Laws, or that the People consented ●o those things which they did not think fit to punish. But wise Princes see through all this, They know that an honest and faithful Minister will be contented with moderate Favours; That very often nothing but the ill Contrivance of the Aid belongs to those he employs, and that the Gifts come from the free Affections of the Subject; That Patterns to Rule by are to be sought for out of Good, nor lose Reigns; That Inspections which look too far backward produce nothing; That a few may complain without reason, but that there is occasion for Redress when the Cry is universal; That no Military Action, or other Merit, can give a Man a just Title to Rob the Public; That even good Ministers are thought no more on when they are out, and that certainly Bad ones may retire without being mist; That absolute Power is not a Plant that will grow in this Soil, and that Statesmen who have attempted to cultivate it here have pulled on their own, and their Masters Ruin. A wise Prince likewise does not care to see Corrupt Officers so earnest to save one another, for 'tis always at his cost; Nor does he like that his Ministers, when attacked, should be able to protect themselves in their Crimes by the Power of a 〈◊〉 for they who are strong enough to bear down the Law, may presume, in time, to think they subsist by their proper Strength, and that they stand upon their own Legs, and so come at last to slight his Authority. Bad Men have ever given a false Colour to their Proceed, and covered their Ambition, Corruption, and Rapine with the pretence of their Master's Service; They make him believe their Greatness advances him, whereas truly it tends to his diminution, and he is often weak for want of that Wealth and Power which they share among one another: Their Riches has frequently brought Envy upon the Prince, but we can hardly meet with an Instance of any who in his Distress has been assisted from the Purses of his Ministers, for they are commonly the first who fly from his Misfortunes: And though they pretend that his Power is revered in them and that they make him Strong by the Benefits he lets them bestow, yet a Wise King sees through all this Artifice, and knows▪ That he who would reap any Advantage from his Favours in the Opinions of Men, must make 'em sensible that they own them singly to his Goodness, and not to the Intercession of those about him. But of all the false Suggestions made by those who have arrived at great Power by wicked Arts, none have proved so dangerous as these, which, in former Reigns, have been frequently insinuated in the Cabinet. Sir, we are your only Friends, stick by us and we will stick by you. Our Measures are displeasing to the People, so were those of former Ministers. A few well united, and in one Bottom, have guided this Nation, and with hard Reins, as Witness the Times of Cromwell. Mind not the Qualifications of any man for this or that Office in the State, Is he with us? If he be hearty it ought to cover all other Defects. Turn out, and discountenance such as are not entirely with us in all our Councils Make your Court of a piece. Let none presume to be directed by his own Conscience, or Reason; ought they to be in your service who dare think your Ministers can be in the wrong? Why do such and such Great Men refuse such and such Employments, is it not plainly out of Lisaffection to the present Government, or that they like Popularity better than any favours you can bestow upon ' 'em? Many are infected with Republican Principles, and several have an Eye towards the other side of the water. Have not other Hands been tried and found resty; but we stick at nothing. The other Party has been made use of, but 'twas thought fit to lay 'em aside. 'Tis indeed pretended that with them is the Integrity, the good Opinion of the Nation, the Substance, Learning. Parts, Knowledge, and experience in affairs; however we are more diligent, and better united. But does not there lie a kind of Necessity upon you to make use of us, and of u● only? Does the other side make any Offers to come in? Loaded as they say we are with the Public hatred, and though we may be thought unfit to carry on your Business, yet 'tis better joining with us than to stand alone. Is not the other side cold and reserved, and do not the best men among 'em refuse to meddle in the Administration? with such like false whispers, in former Reigns, the Ears of Princes have been poisoned, And by these pretended Friends they were induced to Purge, as they call it, till the Body Politic was quite exhausted of all its good Spirits: Such a one, who had done a thousand faithful Services, must be laid aside, because his just Fears would not permit him to give into the last bad Measures. This Man was against me; we suspect such another; Some are too cautious, some too discerning, Others left us in such an important Vote; And they grow to that Presumption, by degrees, as to advise that a whole Party should be frowned upon, depressed, and utterly trodden down; And thus they Lop, and Lop, on this, and that hand, cutting away the Tall, Sound, and Substantial Timber that used to shelter 'em from the Winds, till, in the End, they leave the Government a Trunk naked, defenceless, and obnoxious to every storm; But when they proceed so far as to get the Prince to declare openly for one, and against the other Side, they lay the Axe to its very Root. Some Kings have thought it Politic to nourish Factions in their Court, but then they preserved themselves Neuter, and so made both sides subservient to their Designs, and even this has been rather esteemed Subtlety than Wisdom; but no Prince, that could help it, did ever let Faction grow National; However, if 'twas out of his Power to prevent this Mischief, 'twas never thought Prudent in him to list himself on either Side; And Henry the 3d of France is a memorable instance, how fatal 'tis for the Sovereign to become the Head of any Party. Partiality is the little Weakness of Private Men and unbecoming the Greatness of a Prince, whose Favour should shine upon the whole Body of his People as the Sun sheds his benign Influence upon the universal Face of Nature, not warming one Part of the Globe only; If it can be compassed, He should quite root out Faction, but if the Disease be too inveterate to be cured, without doubt 'tis a Point of the highest Wisdom for him to bear himself evenly between both, so that neither Side may despair of Favour, or at least so carry it that both Sides may remain in full Assurance to find equal Justice. Nor is it impossible to contrive Matters so as to beget an Emulation in Parties which may produce good Effects, that is, by wise Governing it may be so ordered, that both Sides shall be at strife, not which shall flatter most, but which shall do the Prince and the Public the most honest, and the most faithful Service; And this is done, when, without any regard under what Banners, in a divided Country, Men had listed themselves, those Persons are pitched upon for the Ministerial Part of Government, who are most remarkable for their Capacity, Experience, Integrity, and Knowledge in Affairs; And a Prince who makes such a Choice of Ministers, will soon beget a Virtuous Emulation between the Factions, and set both Sides upon striving which shall serve most cheaply, with the fewest Selfish Designs, and which shall handle his, and the Nations Money, with the cleanest Hands: But when by the favour of those that Rule, one side is become much superior to the other, this Virtuous Emulation ceases, and both sides contend, only to put one another in the Wrong, each side obstructing what the other moves, let it be never so much for the Public Good: But when the Mischief is grown to such a height, that being of a Party, is to be the Principal, if not the only Recommendation, than the Hottest Men, who are generally the worst, and Corruptest Members of it, are sure to have the most Power; and when the Administration is in their hands they proceed without Comptrol, for the side which should oppose them is discountenanced, frowned upon, out of Credit, and discourag d from enquiring, because their Inquiries are blackened and misrepresented; And when all this happens, They who have the Power, rob the Prince, waste his Treasure, and run him into immense Debts: Thus Kings heretofore who showed themselves partial to a Party, had the service only of the worst part of their People, and their Reigns were commonly anxious and unquiet because when engag d with a side, they were often forced, against the Nature of their Office, to protect the Bad against the Good, and even to defend the Maladministration by which they suffered. They who were for Engrossing the Prince to Themselves, and who endeavoured to make him Suspect all others, gave their pernicious Advice this false Turn, That because many Great Men retired, and because neither They, nor such as were called of their Party, showed any Inclination to meddle in Business, it must be that they meditated something else, and bore ill will towards the present Government. Indeed, the Ambition of Mankind considered, it was a wonder, in former Reigns, to see Persons the most conspicuous for Understanding, deep Reach and Experience, employ their time with their Books in making Gardens, or in Building, and that they should not rather seek those Dignities, to which their Birth and Superior Abilities did in a manner give 'em a just Right. Why did they let the chief Offices of the State be polluted by mean Hands? Why did they suffer others to ruin that Country which was in their Power to save? And why all this Philosophy in so light and busy Times? Why has there been now and then a kind of a Press issued out for Ministers, so that as it were the Vagabonds and Loiterers were taken in? Why have some Men been condoled by their Friends for having been drawn in to take a Great Place, and why have others been universally Congratulated when turned out, though with Marks of Displeasure? when all this happened it could not be without a Reason, there must have been some Strong Inducements that should move the Prime Persons of a Nation to shun Employments attended with Power and Profit. No doubt, in former Reigns, it was Because they did not like the Administration of affairs, nor the Persons with whom they were to be joined; Because they perceived dark Designs carried on against our Liberties, and that they were not willing to mix in desperate Councils, nor to participate in the Blame of what they should not be able to hinder; Because they saw the Prince Robbed by those about him, his Crown Lands all shared and given away, and his Treasure wasted, and Because they saw Things done that would bear no Inquiry, and that could never be justified before the People. They knew that our Laws put little Difference between a Minister who contracts actual Gild himself, and him who permits others to commit a Crime, which by the Authority of his Office he might have prevented; Therefore when bad Things were in Agitation, and when destructive Advices were promoted, Some have refused Employments, others have laid down White Staves, the Secretary's Seals, the Privy Seal, the Great Seal, and other Offices of high Trust, rather than Act against their Master's true Interest, and the Constitution of their Country. And for these Reasons, in former Reigns, the Ablest and Greatest Persons in the Nation, and sometimes whole Parties of Men, have refused to meddle in the Employments and Business of the State. But when these Errors may be corrected, which a few commit at the Expense of the whole Kingdom, when things will bear a right Administration, when the Nations Money may be frugally managed, when the Thefts upon the Public can be looked into and Punished, when those Servants may be called to an Account who have broken their Trust, and in their Offices consented to the Plunder of their Master, When true Order is promoted, When that Thrift can be set afoot which will ease the People in their Taxes▪ When the pleasant Work of doing Good is to be performed, and When they have not before their Eyes the frightful and heavy Task of supporting ill Conduct, All Persons will embrace the Government, All Parties will cheerfully come in, and the best Men will be the most Eager to assist the state with their Purses, Councils, Endeavours, and Affections. And thus we hope to have fully answered their Arguments who would deter a Prince from looking into their Corruptions, by making him believe, that thereby he will injure his only Friends, and who would narrow his Interest by confining his Favours to their Party. A King never wants Assistance who will look into abuses, and their Faction whose Interest it is to protect Maladministration, will be found very weak when He is earnest to have what has been amiss amended, because but a few are Gainers by Misgovernment, and a Multitude are injured by it. But as all Seasons are not proper for Physic, so all Times are not fit for purging the Body Politic; Times of Action and War are not so convenient for such Councils as tend to correct Abuses in the State. Perhaps, during the late War, some Things may have been done in England, which the King, in his high wisdom, may think necessary to animadvert upon now when He is at leisure from His Business in the Field; And no doubt when He goes upon so good a Work, He will be assisted by all the best Men of all Parties, and by the whole Body of His People. The Writer of these Papers has constantly endeavoured to make his Studies tend to the Service of the Public, and his Aim has been to incite in Young Gentlemen a Desire of being acquainted with the Business of the Nation, and this knowledge lying under abundance of Rubbish, his Scope has been to remove this Rubbish, and to dress up crabbed Matters as agreeably as he can, and to give, as it were, short Maps of Things which others will not take the Pains to travel through themselves: In order to which he has devoted his Hours of Leisure to Inquiries into the Trade and Revenues of this Kingdom; And not serving his Country in an Active Life, he hopes to make his Solitude and Contemplation of some use, so as to show himself not altogether an unprofitable Member of the Commonwealth. And the Parliament having last Sessions Constituted Commissioners for Enquiring into, and Taking an Account of all such Estates, both Real and Personal, within the Kingdom of Ireland, which have been Forfeited for High Treason by any Person or Persons whatsoever, during the late Rebellion within that Kingdom. And the House of Commons (as appears by their Printed Votes) having directed that the Grants of the Crown Revenue in England should be laid before 'em; And it being Notorious that almost all the Land remaining in the Crown of England at the Revolution, and that much the largest Share of the late forfeited Estates in Ireland, are now got into Private Hands; And the People at this time lying under a great Variety of New Taxes, And the Necessities of the State being very pressing, And the Public lying under many heavy Engagements, and the Honour of the Nation being in a manner at Stake to make good several Deficiencies, All Ways and▪ Means of Raising Money being likewise difficult to the last Degree, It appearing also reasonable to consult the Land Interest, and at last to give the Landed Gentlemen some Ease, who have born the chief Burden of the War; And no Fond being large enough to come in the Room, and Place of Land, except the late Forfeitures in Ireland; And all Men thinking it but just and fair that the War in Ireland should pay some part of its Expense, Our Debts likewise being so immense, that every thing should be looked into, and all possible Thrift thought upon, Mankind also abhorring to behold a Few enriched with the Spoils of a whole Country, and to see Private Persons accumulating to themselves vast Wealth in this Poverty of the Public, And the Universal Voice of the People seeming to call for some kind of Resumption, The Writer of these Papers thought ●t might not be unseasonable to Publish a Discourse upon Grants, in handling of which Subject he purposes to take the following Method. First, he will show how the Greatness of the Romans took its Rise from the Thrift that was shown in all Matters relating to the Public, That this Wise Nation made almost every Foreign Expedition bear its own Charge, That the best of their Emperors were the most Frugal, That such Emperors did not look upon the Treasure and Revenues of the State to be their own, and absolutely at their Disposal, but always thought that the Public, and the Commonwealth, had an Interest in it, That when the Treasure and Revenues of the State were exhausted by Prodigality, it made way for the Invasions of the Northern People, and at last produced the utter Ruin of the Empire. This will be the Subject of the Second Section. In the third Section he will show how careful our Ancestors in England were at the forming this Constitution, to make ample Provision for maintaining the King's Crown and Dignity, And that when those Lands and Revenues had been parted with which were allotted for his, and the State's Service, Parliaments have seldom failed to relieve, and restore his Affairs by Acts of Resumption. In the fourth Section he will show how our Ancestors have handled such Ministers of State, as in breach of their Trust, did presume to procure to themselves Grants of the King's Lands, And how both this Nation, and other Countries, have proceeded with those who did imbezzle, or convert to their own use the Revenues of the Prince. In the fifth Section he will state the present Deficiencies in divers Fonds, and offer several Reasons why the Forfeited Estates in Ireland ought to be applied towards Payment of the Public Debts. SECT II. Observations upon the Management of the Romans in their Public Revenues. IT may not be amiss to give the Prospect of a vast Empire, raised to its Greatness by Wisdom and Frugality, and ruined by Profusion and ill Conduct: the only use of History being, To give us good Rules, by which we should square our own Actions, and to mark out the Shelves, and Rocks, upon which other Governments have split, that thereby we may learn to steer our own Course better, and to avoid the like Dangers. Macrob. l. 1. Saturnal. c. 6. Valerius Publicola was the first who ordered that the Revenue accrueing to the Commonwealth should be laid up in the Temple of Saturn, perhaps that the Reverence of the Place might make it be held the more Sacred. They ledg'd there two sorts of Treasure, the one in daily use, consisting of Tributes and ordinary Payments, the other was called the * Tit. Liv. l. 27. Aurum Vicesimarium, which was not to be touched but in cases of the last Necessity. 'Tis true, for some Ages the Public had but little occasion for Money, because, till the Siege of Veies, which was about Three Hundred and Fifty Years after the Foundation of the City, their Soldiers had no stipend. However to have a Reserve, which might answer any great Emergency, well suited with the Foresight and Wisdom of that People. As their Empire grew, and as they entertained Thoughts of enlarging their Dominion by distant Conquests▪ they became more solicitous to gather such a stock as might uphold the State in times both of War and Peace, without burdening the plebeians (a matter by them ever carefully avoided) in which they were very much assisted by the virtue of those to whom they entrusted the Command of their Armies, of which for a long time every one behaved himself like a faithful Steward to the Commonwealth, accounting exactly for such Spoils as were made upon their Enemies. To the Common Treasury were brought the Riches of Carthage, Sicily, of the Cities of Asia, of the Kingdom of Macedonia, and of the other Conquered Provinces of Greece. Their Generals, as well as their Statesmen, did not think of building up Fortunes to Themselves, but of enriching the Commonwealth: And till some few years after the last Punic War, we hardly read of any one who grew wealthy by the Plunder of Provinces. In the following Age indeed several began to convert to their own use part of the Spoils gotten abroad, but they were Men that hatched wicked Designs against their Country, and who thought Private Wealth an Engine very needful for such as purposed to overthrow Public Liberty; of which number were Marius, Sylla, Pompey, and Caesar: Among these Robbers of the World Lucullus may be reckoned, who perhaps had the same Intention as the rest of enslaving Rome, but 'tis probable the Mutiny he found among his Soldiers after his famous Victories, and wonderful conduct, made him out of love with Action, so that he employed in a quiet Life, joined with excessive Luxury, what the others made subservient chief to their Ambition: Not but that his Riotous Pomp had in its Example Effects very dangerous to Liberty, since it is a necessary Ground for all free Governments, that as well the manner of Living, as the Estates of the Citizens, should bear some sort of Equality. However, though these men minded their own Concerns more than became good Patriots, yet all of 'em enriched their Country, and the vast sums of Gold and Silver brought into the common Treasury, made a principal part of their Triumphs. Besides, they who had the Management of Affairs took Care that every War should at least maintain itself; which they did by laying a Tribute upon the Conquered Nation. Fabritius having overcome the Lucani, Brutij, and the Samnites, * Di●nisii Fragm. Lib. 6. Militem ditavit & quadringenta Talenta in Aerarium retulit, whose Example † Ammian l. 24. Julianus proposed to himself and and Soldiers. Scipio in his Treaty of Peace with the Carthaginians, obliged them to the Payment of ten thousand Talents in fifty years; * Tit. Liv. l. 30. Decem M Talentum Argenti descripta pensionibus aequis in annos L solverent; over and above which, Argenti tulit in Aerarium pondo Centum Millia XXXIII. And in the Treaty between T. Quintius Flaminius and K. Philip, one Article was, † Tit. Liv. l. ●3. Mille Talentum daret Populo Romano: dimidium presence, dimidium pensionibus decem annorum. Nor did Spain afford an ill Crop from one part of which Cornelius Lentulus brought * Ibid. Auri Mille & Quingenta pondo quindecim, Argenti Viginta Millia, Signati Denarios triginta quatuor Millia, & quingentos quinquaginta: And from the other part, L. Stertinius quinquaginta Millia pondo Argenti. And from whence not long after Helvius brought † Tit. Liv. l. 34. Argenti infecti quatuorde●im Millia pondo Septingenta triginta duo: & Signati bigatorum XVII Millia XXIII. & oscensis Argenti CXX Millia CCCCXXXVIII. And Q. Minutius within two months after, * Ibid. Argenti pondo triginta quatuor Millia octingenta: Bigatorum LXXVIII Millia, & oscensis argenti CCLXXVIII Millia. For which reason Porcius Cato, who was at the same time in Spain, sent back the Purveyors who came from Rome to provide Corn for the Army, with this memorable saying, Bellum seipsum alet. The same T. Quintius Flaminius, when he made Peace with Nabis Tyrant of Sparta, obliged him to pay † Ibid. Talenta centum ●rgenti in praesenti, & quinquaginta Taenta in Singulos annos per annos octo. ●orcius Cato when he Triumphed for the Conquest of Spain lodged in the Public treasury * Ibid, Argenti infecti XXV millia pondo, ●igati centum viginti tria millia, oscensis vingenta quadraginta: Auri pondo mille vadringenta. T. Quintius Faminins when ●e Triumphed for the Victories in Greece, ●rought home † Ibid. Infecti Argenti decem & ●cto millia pondo, & ducenta LXX facti, ● auri pondo tria millia septingenta qua●ordecim, besides an infinite mass of o●er Treasure. The Conditions proosed by Scipio Affricanus to the Amassadors from King Antiochus, and ●hich were afterwards accepted with ery little alteration, were * Tit Liv. l 37, ●●. Pro impen●s deinde in bellum factis Quindecim mil●a Talentum Euboicorum dabitis. Quin●nta presentia, duo millia & quingenta, ●m Senatus Populusque Romanus, pacem omprobaverint, mille Talentum per XII nnos. Lucius Scipio when he Triumphed or the Conquest of Asia brought home ● Argenti pondo CXXXVII millia; & † Tit. Liv. l. 37. ●CCCXX. besides Plate, and Gold and ilver coined. Cn. Manlius when he Trimphed for his Victories in Gallo-Graecia, ●esides other Wealth, brought home * Tit. Liv. 1. 39 Argenti pondo CCXX Millia: auri po●do MMCIII. And 'tis observed that whe● Aemilius Paulus had subdued K. Persen● † 〈◊〉 V●●. Paul. Aemil. he lodged in the Public Treasury suc● a mass of Wealth, that there was 〈◊〉 need of raising any kind of Taxes till 〈◊〉 Consulship of Hirtius and Pansa. S● after the two Battles with Archelaus 〈◊〉 Lieutenant of Mithridates near▪ Chaero● and Orchomenus, laid a Fine upon A● † Plut. vit. Sy●●ae. Minor of * twenty thousand Tale● which answers to near four Millions † Plut. vit. Cato. 〈◊〉. our Money. Cato V●isensis borough from Cyprus Seven Thousand Tale● (above thirteen hundred thousand Pou● of our Money) which he made by 〈◊〉 Sale of the Jewels, Plate, Housholdst● and other Riches, of the Ptolemy w● poisoned himself in that Island▪ and ● Exactness with which Cato proceeded that Commission, is a Noble▪ Pattern ● such to follow, as will handle Matters Government with Integrity and Virtue The Design of these Papers being Stir up in the Minds of Young Men Zeal their Country, and a love to Public Honour, we thought it not amiss to lay afore 'em these Examples of ancient Th● and Oeconomy, by which Rome was ● abled to manage so many, and so exp●sive Wars: From whence may be very w● inferred, that this Commonwealth had never reached to so high a Pitch of Greatness, if their Commanders abroad had been permitted, without any Account, to convert to their own use the whole Spoil; Or if at home the Consuls, Praetors, Aediles, or (which is yet worse) if the Quaestors, or Treasurers, had been allowed to procure Grants to themselves; from the Senate, of such Lands, as, from time to time, accrued to the State by right of Conquest. On the Contrary, had this sort of negligent and foul Conduct been suffered in their affairs that Ruin must have happened ●ong before, which came upon 'em as soon as they grew corrupted. No Empire was ever great and strong enough to carry on long Wars without any other Fond but its own Revenues, and those Nations which have attempted it, have been quickly exhausted; For a tedious Course of high Taxes raised to maintain Armies abroad, will as much impoverish the Invaders; as the Excursions and Depredations of a sudden War destroy the Invaded; and where matters are not so wisely ordered, as that the Invaded are compelled to pay the largest part of the Reckoning, the Conquerors will, in no long Tract of time, be brought to as bad a Condition as the Conquered People. The Romans took their Measures better They made very few barren Expeditions▪ And though Dominion and Glory might 〈◊〉 their principal Aim, yet 'tis evident they ha● something else in view, or at least tha● they generally took care to be paid thei● Expenses, which they brought about sundry ways; From some vanquished Nation they took part of their Territory, sendi● thither Colonies of their own, by which at one and the same time, they disbud thened themselves of a great many Indige● People, and Planted so many Strong Garrisons to secure their Conquests. Oth● Countries they reduced to Provinces, ta●ing to themselves part of the Tribute which the Natives before paid to thei● Tyrants. To other Places they allotted the Payment of a Certain quantity ● Corn, from others they required the furnishing of Ships of War, and Ships ● Burden: † P●ut. vit. Sy●●●e. Sylla compelled Mithridates, their Interview in Troas, to deliver to him seventy Galleys with all their Trim They took either Arms, Ships, Soldiers Mariners, or Provisions, from well nigh all the Nations that were honoured with the Title of Allies and Friends to the People of Rome, who were no better than Tributaries under a softer name. By these Courses, as they enlarged their Empire, they increased the Public Revenues. * Pompey by his Victories brought ● Plut. vit. Pomp. the ordinary Income of the State from what before answered to about 1,250,000 l. of our Money, to 2,250,000 l. per Ann. which was yet farther augmented afterwards when the Gauls and Egypt became Provinces of Rome. The Money locked up in the Temple of Saturn was rarely touched; we do not find any considerable sum drawn from thence till Hannibal had been in Italy ten years, about which time twelve of the 30 Latin Colonies refusing to give any Assistance to the Common wealth, In this danger, † Tit Liv. l. 27. Caetera expedientibus quae ad bellum opus erant Consulibus, Aurum Vicessimaerium, quod in Sanctiore Aerario ad ultimos Casus servaretur, promi placuit Prompta ●ad quatuor millia pondo Auri. But when Caesar invaded the Liberties of his Country, this sacred Treasury was ransacked. Appian Alexandrin says, * Bell. 〈◊〉 1. 2. Intactas ad id temporis Pecunias abstulit. Florus says, speaking of this Action, † 〈…〉 l. 4. ●. ●. Nec Pompeius ab Italia quam Senatus ab Vrbe fugatur prior, quam poene vacuam maetu Caesar ingressus Consulem Seipse facit, Aerarium quoque Sanctum, quia tardius aperiebant Tribuni, jussit ëffring●, censumque & patrimonium populi Romani antea rapuit, quam imperium. Some pretend to tell the exact sum which he drew from thence. Freculph. Lexoviens says thus, * Tom. 1 Chron. l. 7. c. 8. Caesar Romam venit negatamque sibi ex aerario Pecuniam fractis foribus invasit protulitque ex eo Auri pondo quatuor millia centum triginta & sex, Argenti pondo nongenta Millia. The ordinary Revenue of the Empire arising from the Colonies and Provinces, was likewise without doubt very much impaired by the Civil Wars between Caesar and Pompey, and between Caesar and Pompey's Sons, as also by the Civil Wars which Augustus maintained with Brutus and Cassius: And certainly the Provinces were enough harrass'd when they were divided between Augustus and Marc Anthony (whose Luxury alone was sufficient to impoverish many rich Nations) and the Ruin of these miserable People was yet more increased when Augustus, and Antony, in a long Civil War, contended for the Dominion of the whole; but when he began to Reign alone (which he did 44 Years) and as soon as he entertained Thoughts of transmitting the Empire to his Family, he set himself to put the Revenue in order, and to enrich the Public, as other Great 〈◊〉 had done before him. But beari●● 〈◊〉 he did, a great Mind, his principal 〈◊〉 was to embellish the City with magnificent Buildings, * Vrbem neque pro M●j●state 〈…〉 D. Oct. Aug. Imperii Ornatam & inundation ●hus incendiisque obn c●●iam, excoluit ad●o, ●t jure sit gloriatus, marmoream se relinquere quam lateritiam accepisset. However, he did not neglect to gather Treasure, of which the Money Tiberius left behind him is a manifest Proof, for Tiberius himself, among his other Vices, was not Covetous, Satis firmus ut soepe memoravi adversum Pecuniam. 'Tis true, a great Estate did now and then tempt him to Cruelty, but this happened rarely, and yet at his Death there was treasured up a prodigious Sum, * Tacit. l. 3. An. Vicies ac Septies Millies HS. which reduced to our Money makes 21,093,750 l. A wealth even in this Age perhaps not to be equalled by any of the Eastern Kings, all which his Successor Caligula squandered away in less than a Year, † Suet. Calig. non toto vertente anno absumpsit. Tiberius was a wary man, and no waster, but it seems very probable that this immense sum was chief gathered together under the long and peaceful Reign of Augustus, who had one Quality that never fails to make a Prince rich, which was that he looked after the Public Accounts; for of the three Books he left deposited in the Hands of the Vestal Virgins, one was * Suet. D. Oct. Aug. Breviarium totius Imper●i, quantum militum sub signis ubique essec▪ quantum Pecuniae in Aerario & fiscis & vectigaliorum residuis. Adjecit & Liber●orum Servorumque nomina a quibus racio exigi posset. From which Place of S●e●onius two things are observable, 1st, That this wise Prince in the Rules he le●t behind him for future Government (these Books being of that Nature) 〈◊〉 that there might be a difference made between the Aerarium and the Fiscus, reckoning one the Revenue of the Commonwealth, and the other his own private Patrimony, out of which he gave those▪ Legacies that he bequeathed to Tiberius, Livia, Drusus, Germanicus, and to the People of Rome. 2dly, That he left a kind of an Intimation that he would have his Successor call such of his Servants and Ministers to Account as had any ways defrauded the Public. That he made the forementioned Distinction is plain from this, tha● though he left the Commonwealth in so flourishing a Condition, yet in his Will he excused the smallness of his Legacies from the Straightness of his Private Fortune; * † Ibid. Excusata rei familiaris mediocrit●te; alleging there would come very little to his Heirs, though he had in twenty years inherited from his Friends quaterdecies Millies, that is, 31,250,000 l. and though he had succeeded to two Paternal Patrimonies, all which he had expended in the nccessary Services of the State. The Distinction between the Prince's and the Public Revenue continued under all the good Reigns, and the better the Prince was, the more carefully he minded that Poverty should not grow upon the Public, as the only means a good Ruler has to avoid burdened the People with Taxes. This Distinction appears from many Passages in the Roman History, we shall take notice only of some: Spartianus speaking of the Emperor Adrian, says, † Spartian. in Adriano. Damnatorum bona in Fiscum Privatum redigi vetuit, omni summa in Aerario Publico recepta. Pliny in his Panegyric upon Trajan says, At fortasse non eadem Severitate Fiscum, qua Aerarium Cohibes? Imo tanto majore, quanto plus tibi licere de tuo quam de pub lico credis. Tacitus says, * Tacit. l. 6. An. Et bona Sejani ablata Aerario ut in Fiscum cogerentur tum retulere Scipiones. Haec & Silani & Cassii iisdem ferme aut Paulum immutatis verbis adseveratione multa censebant. And in another place, * Lib. ib. Post quos Sex: Marius Hispaniarum ditissimus defertur incestasse Filiam & Saxon Tarpeio dijicitur, ac ne dubium haberetur Magnitudinem pecuniae malo vertisse aurariasque ejus, quanquam publicarentur, sibimet Tiberius seposuit. Nero, among other things promised the Senate, † Tacit. An. 13. Nihil in Penatibus suis venale, discretam domum & Rempublicam, Teneret antiqua Munia Senatus; That nothing should be Venal in his Palace; That his own, and the Revenue of the Commonwealth should not be confounded together, and that the Senate should enjoy its ancient Privileges. This Speech he made at the beginning of his Reign, when he was guided by the Counsels of Seneca, who, as Tacitus takes notice, penned the Oration. And no doubt there could not have been laid down to a young Prince a better Platform for his future Government; And there is Reason to think that the Philosopher, who had well enough Sounded the Inclinations of his Pupil, had then a mind to suggest to him, that his Paternal Fortune, with the Infinite Wealth which was to descend to him from his 〈◊〉 Agrippina, would be sufficient to ●●pply those Pleasures to which he saw his Youth addicted, and that it would be for the safety of his Empire to set aside the Public Revenue for the Uses of the Public: While he kept to these Rules, his Reign, though not quite Innocent, however was not so Monstrous, but when his Flatterers had made him believe that the whole world was Caesar's Patrimony, than he ran headlong into all sorts of Cruelty and Riot; For he thought all things were permitted to him, who was Lord of all, and that no Prodigality of his could exhaust such a Revenue as the Dominion over the whole Earth must yield: These Imaginations made him enter into Prodigious Expenses in Banquets, Buildings, and upon his Minions; So that he wasted in a short time what had been hoarded up by his Predecessor Claudius, the infinite Riches he had from his Mother's Succession, and what came to him from the Confiscation of Seneca's Wealth, which amounted Tacit. 13. An. to 2,343,750 * Ter Millies HS. And when his Gifts were looked into by Galba, it was found that he had this way consumed what answers in our Money to 17,187,500 l. * Tacit. l. ● Hist. Bis & vicies Millies HS. Donationibus Nero effuderat. Tho the Servile part of Mankind are apt to extol profuse Princes, yet whoever considers the Story of the Roman Emperors will find, that their Vices took rise principally from this profuse temper, and by contemplating their Lives he will see, that Prodigality drove 'em into Want, Want into Rapine and Extortion; when they had oppressed the People they became Odious, when they were Hated they grew Fearful and Suspicious, Fear and Suspicion made 'em immediately dip their hands in Blood, and this ever was, and ever will be the Natural Progress of Tyranny, as particularly appears by the Actions of Caius Caligula, Nero, Vitellius, Domitian, Commodus, Julianus, Antoninus▪ Caracalla, Heliogabalus, and those other Monsters under whom the World groaned for many Years, and who by their Profusion were first led into Rapine and Murder. And as a further Instance how fatal the Prodigality of Princes is to their Nations, The Roman Empire was so distressed by the Riots and Expenses of Nero, Otho, Vitellius, (who altogether) (including Galba's time) reigned but fifteen years and eight Months, according to Dion Cassius) that when Vespasian took the Government in hand; he declared the Commonwealth could not subsist, unless Ways and Means were found out of raising what answers to 312,500,000 l. of our Money, † Suet. T. Fl. Vesp. Professus Quadringenties Millies opus esse ut Resp. stare possit. Into such an immense Debt was the Empire brought by Tigellinus, Nymphidius, Patrobius, Polycletus, Vatinius, Elius, Titus Vinius, Cornelius Laco, Icelus, Caecina, Fabius Valens, Asiaticus, Marcellus Eprius, and the other Rapacious Ministers of State, who under those dissolute and negligent Reigns, devoured the Commonwealth; Insomuch that Vespasian, a most excellent Prince, who came to rescue his Country out of these destructive hands; when he went about to disengage the Public, and to put the Empire into a posture of Defence, was forced, against his Inclination, and the Goodness of his Nature, to oppress † Ibid. the People with Taxes; * Ad Manubias & Rapinas necessitate Compulsus, summa Aerarii Fiscique inopia; by which it appears how much it imports the Ruler of a Nation, with careful Eyes, to look after his Treasure, since the want of it may compel him to Actions, for which, at the time and in after Ages, his Virtue will be censured: For though this Wise Emperor had nothing in his thoughts but the good of humane kind, and though this Character be given of him, That † I●ld. male * Partis optime usus est; In 〈◊〉 〈◊〉 Genus liberali●simus, explevi● Censum Senatorium, Consular inopes sus●entavit, pluri●nas per totum orber● civitates terrae molu, aut incendio afflictas▪ restituit in melius. Ingenia & Artes ve● maxim fovit. And though these and many other Noble things are said of him, yet he is reproached with his ways of raising Money, for not only he set up again several Impositions abolished by Galba, but he added new and more heavy burdens, he augmented the Tributes of the Provinces, and in some Places doubled 'em, He himself exercised divers sordid Monopolies; He made an open Traffic of Honours, Employments, and Pardons; He put into Offices of Trust the greatest Harpies he could find, that himself might afterwards have the squeezing of 'em for their Oppressions; All which do are so many Blots upon his Fame. If then the wants of the State could force the best of Men upon the worst of Actions, how carefully should Princess avoid being reduced to such Necessities. How far Vespasian proceeded in disengaging the Public from the Debt of 312,500,000 l. History is Silent, but we may presume he and his Son Titus (who between 'em governed upwards of twelve Years) went a good way towards putting things in order, however all was again unravelled by the younger Son Domitian. But the Golden bunch of Flesh which Domitian dreamt grew out behind his Neck, that is, the Succeeding Emperors, Nerva, Trajan, Adrian, and Antoninus Pius, whose Rule took up about Sixty four Years, gave the Affairs of the Commonwealth a better Complexion: They had been so careful of the Public Revenue, that when Marcus Aurelius Antoninus came to the Empire, he found in the Treasury what answers in our Money to * Xiphil. ex Dione Partin. 21,093,750 l. This Marcus Antoninus, though in his Nature very bountiful, having given to the People a larger Donative than they had ever seen before, was yet so frugal of the Public Money, that when he was going upon an Expedition against the Seythians, he would not draw any Sum from the Treasury with●●● first having permission from the Senate, affirming † Xiphil. ex Dion. M. Anto. That such Money and every thing else belonged to the People of Rome; and saying before the Fathers He had nothing in particular, no not so much as the House believed in: This Prince and Philosopher another time before, being pressed by his Army for a Donative after a Signal Victory, refused it▪ with this memorable Saying, The more I give these young Soldiers, the more I must oppress their Parents'. What had been collected in fiv● wise and frugal Reigns, was dissolutely wasted by Commodus in twelve Year and Nine Months, Insomuch that whe● Pertinax came to the Empire he foun● in the Treasury (as he declared before th● Senate) but what answers in our Money to * Xiphil. ex Dione. Pertin. 7812 l. 10 s. Whereby 'tis seen that the Prudence of a whole Age may be defeated in a short space of time, if the Prince be either bad in his own Inclinations, or if he let himself be misled by ill Statesmen▪ But whoever considers the Lives of such as have ruled tyrannically, and oppressed the People, will find that but few of 'em were wicked through an innate temper of their Minds, for the Beginnings of the worst Reigns were generally blameless, which is a proof that the Dictates of Nature were right enough. How comes it then to pass that so many have governed ill, and why have most of 'em rather inclined to bad than Good? Gnari Meliorum & quae Fama Clemen●iam † Tacit. ●. 4. An. sequeretur, tristiora Mall●. The reason is obvious enough, They were corrupted by those about 'em; for though their Persons are made Sacred, and defended by innumerable Laws, though they are set so much above the rest of Mankind in Titles and Privileges, though their smaller Faults are either forgiven or approved of, though they have ample Provision made for their State, Pomp, and Safety, and though all manner of ways they are sufficiently recompensed for the Troubles and Toils they suffer in their Great Office, yet few of 'em will perform it by themselves, but fatally choose rather to commit it to others: Not many of 'em are like Severus, who, as he drew his last breath, called out, * Xiphil. ex Dion. Sever. Is there any Public Business to do? Give it me, that I may dispatch it before I go. They rather choose what they call a Partner of their Cares; Minions, Favourites, and Ministers, most commonly first known to 'em in their Pleasures, and afterwards called in to their chief Business: To these they leave the whole Affairs of the State, rarely looking into any thing with their own Eyes; And few being able to defend themselves against those they love and trust, these false Friends lead their Master which way they please, but most commonly into the worst, as best suiting with their private Interest. If the Prince be young, they corrupt him with Luxury and Riot; If Old, they try to make him Suspicious, Cruel, and suggest to him designs against the Liberties of his Country, not so much to augment his Power, as to increase their own; They endeavour to shut him up as much as they can from the sight of his People; not considering how dangerous Solitude is to Princes, as in the instance of Tiberius, * Quisolus & nullis † Tacit. 1. 3. Ann. voluptatibus avocatus maestam vigilantiam & malas curas exercuit. But be the Prince Good or Bad, Young or Old, they promote and encourage in him negligence in all public Concerns, but chief such as relate to his Income and Expenses, that with less Observation, and more Impunity, they may pray upon him: For though Care of Accounts, and in Revenues, does not require a Sublime Understanding, and suits best with the middle Capacities, yet few Princes have minded a Matter so important to themselves, and so much for other People's ease, no doubt diverted from it by such as have had the Management of their Affairs. All the Riots, Expenses, as well as the Cruelties of such of the foremention'd Reigns as proved bad, were principally promoted by the Ministers those Princes had about them; And even the Fell Disposition of this Commodus, of whom we spoke last, was urged on to greater Excess and Rage by Cleander, who taken from the Xiphilinus Ex. Dion. Commod. Lees of the People, was mounted up to the highest Honours, and for a time had the disposal of all Dignities and Offices, till at last he was slain in a popular Tumult. But to follow this matter of the Revenue of the Roman State as far as Herod. 1. 2. we can trace it in their Histories: Helvius Pertinax who succeeded Commodus did not Rule quite three Months, He endeavoured to prevent the Rapine of the Freed Men and Officers of the Court, and to hinder the Robberies and Violence of the Praetorian Bands, but he was killed in the attempt, the Court and Camp being then both so depraved that they could not bear a grave and frugal Reign, which should be a warning to all Governments, that have any Freedom left, not to let Corruptions of this Nature grow till they are too big to be corrected. Julianus came next, having bought the Empire, He endeavoured by excess of Liberality to gain that Affection which was not due to any Virtue he had, but Princes who endeavour this way to become Popular gain a few at the cost of many, and so are hated by the Major part: He consumed as much as one could do who governed but two Months. Severus was next elected, whose Reign of near eighteen years was mostly taken up in Civil Wars, first with Niger, and then with Albinus for the Sovereignty, and in Foreign Expeditions into Parthia, Arabia, Palestine, Egypt, and lastly into Britain: And though this was a Reign of War, and though Severus was expensive in Public Buildings, and magnifice●●●o his Soldiers, having at one time made a Donative to them of what answers to 1562,500 l. of our Money, yet he left Xiphil. ex Dion. Sever. to his Successor an immense Treasure, which we must attribute to the indefatigable Application he showed in the universal Business of the State. And though he may be reckoned among the Cruel Emperors, yet 'tis observed of him that he never hunted after Confiscations, from whence we may infer he grew rich by mere Oeconomy, his Story being an Instance that neither Liberality, War, nor any other Expense, will hurt a Prince who minds his own Affairs. His Son Antoninus Caracalla succeeded, who lavished among the Soldiers what his Father had so carefully laid up, having for above six Years together robbed the whole World to enrich them, plundering, confiscating, and murdering the best Men of the Empire, to seed the licentious Appetites of his Men of War, and yet he was killed in Mesopotamia, in the midst of that Camp he had so much courted and favoured; from whence may be observed, that the Love of Subjects is not to be bought with Money, but to be obtained by wise Government, and that all sorts of People, even Soldiers, reverence a Prince more who by good Conduct keeps something in his Power to give, than they do him who gives all away; Expectation and Hope often carrying Men much further than the Sense of past or present Benefits. Among the rest of Caracalla's Monstrous † Xiphili●us Ex. Dio. Caracal. Actions, one was to * utter false Money, issuing out Led Silvered over, and Copper gilded, as legal Coins. And perhaps it will not be foreign to our present Subject in this place to make some short Observations upon the Roman Coin; and the first that occurs is, That the Coin was best and most weighty in the time of the Commonwealth, and afterwards best and most weighty under the best Princes, as under such the Revenue of the State was most carefully looked after. Marc. Anthony the Triumvir began first to debase the Roman Coin, his Example was afterwards followed by the Caesars. † Plin. l. 33. c. 9 Miscuit denario Triumvir Antonius ferrum, alii a pondere subtrahunt cum sit justum octoginta quatuor e libris signari. Silver was first Coin d in Rome 585 ab V C. Q. Fabius being Consul, 5 years before the first Punic War; They did not Coin any Gold till 62 Years after. The Denarius was the Silver Species most in use among them, under the Consuls they Coined 84 Denarij out of the Roman Plin. l. 3. c. 33. pound of Silver, that is, Seven from the Ounce, but in the Reign of the Twelve Caesars they coined from the Pound▪ 86, 88, and in process of time they came to make 96 from the Pound, that is 8 from an Ounce. As to their Gold Coins the Aureus was double the weight of the Denarius; and, for a good while, when they diminished the Silver Coin, they diminished the Gold Coin in Proportion, so that whereas under the Consuls they Snellius in Erotost-Batavo. Coined from the Roman Pound of Gold 42 Aurei Nummi, under the Emperor they came to Coin from the pound 48 From Augustus to Vespasian the Silver Coin from time to time lessened in weight. From Vespasian to ●lex. Severus it stood at a stay▪ in respect of weight. Under Severus and Gordianus it recovered its ancient weight, and so continued till Justinian, with little difference in the weight, bu● frequent Change and Abasement by Alloy. But after Justinian, whe● the barbarous Nations made Eruption upon the Empire, they brought universal Confusions upon the Coins, 〈◊〉 they did upon all other things tha● related to good Polity. The Gold Coin did likewise suffer its change● ● Greaves of the Roman Foot and Denarius. and diminution; For * Greaves, who in his Travels had weighed many of the Aurei collected in curious Cabinets abroad, and not impaired by time, found 'em from the first to the last of the Twelve Caesars, to weigh from 123 to 112 Grains English, and from Nerva to Heraclius, from 111 to 69 Gr. English. This in general may be observed, that with the Empire the Roman Coins declined, necessity driving the Prince, as the Species grew scarce, to put a higher value upon it. When we reflect upon the vast Sums mentioned in their Histories, we must be driven to own, that about the time of Tiberius' Money was as plentiful in Italy as it is as this day in any part of Europe, and that it bore the same proportion with other Commodities as it does at present; And that a Sum of their Money answerng to ours would maintain a Man in the same Port as the same Sum does Tacit. 13. Ann. now; As for Example, Nero allowed ●a●erius Messalla, of a most noble Family, great Grandson to Corvinus the Orator, by annual Pension Quingena ●estertia, which in our Money answers to ●6●96 l. Quibus Messalla paupertatem ●nnoxiam sustent●ret. Ves●asian maintained ●uch Senators as were of Consular Dignity, and had fallen to decay, with ●he like Annual Pension, * Suet. T. Fl. Vesp. Consulares in ●pes Quingenis Sestertius annuis Sustenta●it, which shows that what was then about 3906 l. would support a Man of the best Quality in an honourable way of living, and not less, for Vespasian, who looked to what he did, would not have given so much, if less would have sufficed. That the Species abounded then in Italy as much as it does now in any Country, appears by many other Instances too tedious to be here inserted. But this will not seem strange to such as consider, that the Wealth of all the known Parts of the World had for several Ages been drawing thither to centre in one City, And there it might have continued, and in the near adjacent Provinces, and this Wealth might, for aught we know, have preserved the State to this day, if, as in the times of the Commonwealth, or, as was done under wise Reigns, they had preserved a sufficient Proportion of it treasured up for the uses of the Public. But when the Emperors, and when, after their Example, the People fell into an Excess of Luxury, to feed that Luxury, Foreign Countries, in the way of Trade, soon got back that Gold and Silver which the Romans had before taken from them by Force of Arms; And when the Public was so exhausted, and when Private Men were so impoverished as not to be in a condition to help the Public, the Empire was left naked and defenceless: For a great Dominion is to be secured but two Ways, either by Virtue, or Force; by Virtue such as the Romans and Athenians showed in the beginning of their Commonwealth; By Force, such as the Persian Kings, and the Roman Emperors were Masters of, which consisted in Immense Treasures laid up, large Tributes arising from the People, great Fleets and Armies; But when Countries are effeminated by Luxury, and impoverished by Riot and ill Conduct, that is, when they have neither Virtue nor Strength remaining, they presently become a Prey to the Warlike Nations that will invade them. We have made this short Digression, and given Instances of several Changes in the Roman Money, To show how much the Coin of a Country is its true Pulse; and That if it beats irregularly, 'tis a Symptom that the Body Politic labours under some dangerous distemper; That if the Prince be compelled to diminish its weight, 'tis a Token that the Species gins to be drawn out of his Dominions; That if he be forced to substitute something else in the room of Gold and Silver, as Caracalla did Led, and Copper, 'tis a mark that a great Part of it is gone; That if the Species comes to be drain d away, or universally corrupted, as it was toward the latter end of the Roman Empire, 'tis a Demonstration that the ruin of the State is coming on apace. But to resume our Discourse. After Caracalla, Macrinus was chosen, who tho obscurely born, and rising to Greatness by leisurely Steps, yet could not avoid plunging himself into the Volupruous courses of his Predecessor: Warring with the Parthians he was defeated in two Battles by † Xiphil. ●x Dion. Macrin. Artabanus, and forc d to purchase a Peace at the Expense of what answers to 156●●0 l. of our Money, a thing very strange to the Romans who were wont to sell, and not to buy Peace; but this Gap being opened, their wealth afterwards more than once flew out the same way. After this ignominious Treaty, Macrinus was soon overthrown by an Army led by a Woman, Maesa Sister to Julia the Wife of Severus, who placed upon the Imperial Seat Antoninus Heliogabalus her Grandson. This Monster exceeded all that ever went before him in Rapine, Cruelty, and Riot. He was Slain for his detestable Vices; His Mother Mammaea had persuaded him to adopt his Cousin German Alexander Severus who succeeded, * Lampridius in Alex. He governed well and wisely; In this Reign, which la●●ed thirteen Years, endeavours were made to reduce things to some Order, But the times could not bear a good Prince: He was slain by his Soldiers in Gau●●▪ After his Reign there were mavy Revolutions in the Empire, and much confusion, till Constantine took the Government upon him. Alexander Severus was kill d in the 988th year ab V. C. and Constantine began to rule alone Anno ab V C. 10●7. And whereas two good Princes Edw 3d, and Q. Eliz. ruled in this Kingdom above 94 years, Rome between the time of Alex. Severus and Constantine, which was but 89 Years, saw Nineteen Reigns, and more than twenty Emperors, many during that space having usurped the Title; not to reckon the Thirty Tyrants who set up themselves in several Provinces in the Reign of Gallienus, to such Miseries and Changes are Corrupted Countries obnoxious. During this time many things happened, which tended to the Impoverishment and weakening of the Zosimus l. 1. Empire, under Trajanus Decius the Goths began to invade it, and soon after the Scythians: Vibius Gallus, who succeeded Decius bought a shameful Peace of the Goths with Eutropius l. 9 Money. Under Gallienus the Germans got into Italy as far as Ravenna; Macedonia, Pontus, and Asia, were invaded by innumerable Troops of the Goths and Scythians, Daci● beyond the Danube threw off all Subjection; the Quadi and Sarmat● possessed themselves of Pannonia, and the Parthians having seized upon Mesopotamia made Inroads into Syria. But to save the Empire from utter Ruin, during this time there were some good Reigns; Valerius Aurelianus, a Warlike Prince did almost Restore it to its Ancient Limits. Probus, who was Chosen against his will, went a great way towards Repelling the Barbarians, and under him the Roman Affairs flourished; but afterwards by bad Reigns Things were again brought into Confusion: However all along, while either the Prince, or the Ministers were good, some Care was taken of the Public. 'Tis true, where there were so many Changes, and so frequent Civil Wars, 'tis not probable any Money could be laid up; but other Provisions were made whereby the People might be Relieved in Peace, and Defended in time of War. Severus had Magazines of Corn. * Spartianus in Sever. Severus Rei Frumentariae quam minimam repererat, ita consuluit ut excedens ipse vita 7 annorum Canonem Populo Romano relinqueret. Mesitheus, who was Chief Minister, and Father-in-law to the Emperor Gordian, is the true Pattern of a Wise Statesman careful for the Public. † Capitol. in Gord. Cujus viri tanta in Republica dispositio fuit ut nulla esset unquam Civitas Limitanea potior quae non posset Exercitum Populi Romani ac Principem far; quae totius anni in Aceto Frumento & Larido atque Hordeo & Paleis condita non haberet; Majores vero Vrbes aliae 30 dierum, aliae 40, nonnullae 2 mensium, quae minimum 15 dierum. So that when the Luxuries and Riots of preceding Times, had partly drained the Empire of its Gold and Silver, they made Stores of another Kind; Tho' indeed from the beginning there was little drawn but Provisions from several Provinces; for Trajan had Ordered, That the Leptitanis in Mauritania, should furnish Oil: That Part of Galia and the Spaniards, chief those of Baetica, should Provide Horses, besides Materials for Clothing, Oil, and Bacon: In Italy the Lucani, were to find Hogs, and the Brutii Oxen: Moreover, from the time they were Subdued, Sicily, and Egypt, were to provide a certain proportion of Corn, which varied according to the Necessities of the Public. Thus from many Countries, they drew the Tributes in Kind, which were partly made use of for the People's Relief, or stored up in good Times, and in bad Times dissipated, no benefit thereby arising to the Commonwealth. Constantine proceeded a great way towards remedying the Disorders which had crept into the Empire, under the lose Reigns that preceded his. He corrected Rapine and Oppression in the Ministerial Parts of the Government, by a solemn * Vid. L. 4. de Accustat. C. Theod. Lib. 9 Tit. 1. Edict, inviting all sorts of People to Accuse such of his Ministers and Officers as had been corrupt: He restrained Usury by severe Laws, which is one certain way of Enriching both the public and private Men; for where immoderate Usury has been suffered, Poverty was always National and Universal: He likewise, Regulated the Roman Mint. But the Wisdom of Two or Three Reigns avails little to preserve an Empire, the Foundation of whose Ruin is already laid; their Ancient Virtue was long since gone, Power and Wealth remained for some time after, Martial Discipline, from whence their Greatness took its Rise, was slackened under Effeminate Princes, and at last quite corrupted by Civil Wars: However, upon so strong a Basis was this Commonwealth Built, that neither the Madness of the Emperors, nor the Vices of the People, could probably have Destroyed it so soon, but for other Accidents which helped on its Ruin. Tho' M. Antoninus Philosophus had Associated into the Empire Lucius Verus, and tho' Severus had done the same with his Son Antoninus Caracalla, yet there was no Actual Division made, and the Body of the State remained one, tho' with Two Heads. But between Probus and Florianus, the Territories were in a manner parted. Eutrop. L. 9 Afterwards Dioclesian Ruled alone, who Associated into the Empire Maximianus Herculeus, they two Governed jointly; but when they Deposed themselves, the Empire was again divided between Maximianus Galerius and Constantius Chlorus, who Ruled each their separate Provinces; but at last, all fell into Constantin the Son of Chlorus; but it was again divided among the Sons of Constantin. But Constantius the Second Son surviving his Brothers, Reunited again all into himself, and it continued one Empire till Valentinian, who divided it again between himself and his Brother Valens. But the Sons of Valentinian dying Childless, the Empire came again entire to Theodosius; who again divided it between his Two Sons, Arcadi● and Honorius; and so it stood divided till the Western Empire was quite Subverted. This Division of its Territory, places of Strength, Tributes, Revenues and Legions, was most fatal to that Commonwealth which had been founded with so much Wisdom, and for many Ages, defended with such Courage, and which the Gauls, Carthaginians, and the Cimbrians, had in vain attempted. But its Ruin was not presently compassed; and so strongly was this Frame built, that to pull it a pieces was the work of above One hundred and fifty Years. The Empire being weakened and divided encouraged Alarich to invade Italy; who at first was bravely Vanquished in two Battles, and repulsed by Stilico; but afterwards the Senate was forced to purchase the Retreat of Alarich at the Expense of Four thousand pound weight of Gold; who not long after broke the Peace, besieged Rome, took and Sac'kd it, An. ab V C. 1163. And about this time the Hunns invaded Pannonia; The Vandals, alan's and Swevi, and the Goths who had formerly invaded Gaul, did then with the Burgundians fix themselves there. Not long after afric was miserably harassed by the Vandals, and Carthage was taken by Genserich; and in a little time Attila with his Hunns made an Attempt upon the Empire, whose first Irruption was stopped with Six thousand Pound weight in Gold; but in a few Years he again invaded the Western Provinces. Gaul felt his Rage; then he came and laid all Italy waist, destroying many Populous Cities, so that of them there remains nothing now but their Names. After this, Genserich King of the Vandals landed in Italy, Plundered Rome the Second time, carrying away all which even the Rage of Alarich had left: In this Century Theodorick King of the Goths fixed himself and his People in Spain, and the Franks obtained a firm Footing in Gaul after a long Contest with the Natives, and the Romans: At last Rome was for the Third time taken and Sac'kd by Barbarians, conducted by Odoacer Prince of the Heruli; who was Proclaimed King of Italy. And thus an End was put to the Roman Dominion, after it had continued under Kings, in a Commonwealth, and under Emperors; about 1228 Years, reckoning from the first Foundation of the City. And now to recapitulate the Reasons of this Great Peoples Ruin. First their Luxuries extinguished ancient Honour, and in its room introduced irregular Ambition▪ Ambition brought on Civil Wars; Civil War made Single Persons too considerable to remain afterwards in a private Condition; so that the Foundation of their Destruction was laid in the Century wherein Caesar invaded their Liberties; However they might have continued a Powerful and Flourishing Nation for many Ages, if the succeeding Princes had imitated either Caesar or Augustus: But many of those that followed assumed to themselves, unlimited Authority, and when bad Emperors came, they pulled down what had been building up by the Wisdom of all their Predecessors: They seized upon that Treasure which the Frugality of preceding Times had set aside for urgent Occasions, They accounted the Public Revenues to be their own particular Property, and to be disposed of at their Pleasure, such as were Lavish squandered away among their Minions and Favourites, that which was to maintain the Dignity of the State. When their Profusion had reduced them to Necessities, they fell to laying exorbitant Taxes, and to Pillage the Remote Provinces; when those Provinces were harassed and exhausted by continual Payments, they became weak and unable to resist Foreign Invasions: In those naked and defenceless Provinces, the Barbarians nested themselves, and, when they were grown Strong and Powerful, from thence they made Eruptions into Italy, till at last they came to Invade and Conquer Rome itself, the very Head and Seat of the Empire. From this brief Account of the Roman Affairs perhaps it will appear, That to let Ministers Waste the Public Revenues, or to suffer any Negligence and Profusion of the like Nature, is of dangerous Consequence both to the Prince and People. SECT. III. Of Resumptions. Grotius Prolegom. in Hist. Goth. Vand. etc. THE Southwestern Parts of the Roman Empire were invaded and possessed by that Torrent of People which anciently issued out of Scanzia, a very large Tract of Land, bounded on the North and East by the Sea, and on the West and South by the Botnick Bay, and Baltic Sea, as likewise by Rivers which empty themselves into the Botnick Bay and the Russian, or White Sea. These Nations when they first left their Native Soil, for a great while had no certain Seats, but traversed from one Region to another, till at last they came to fix themselves in those Provinces they had entirely Conquered. Of these the Visigoths and Ostrogoths were the most considerable. The Ostrogoths to whom all Pannonia had been assigned by the Romans, extended their Territory far and wide, till they seized Italy itself, under Theodorick. The Visigoths seized on Part of Gaul, Planting themselves in Aquitaine, and having cantonized in other parts of the Country, there they continued for some time. They likewise formed a Dominion in Spain, which lasted above Three hundred Years; reckoning from Athlaufus the Son of Alarick (who by consent of the Roman Emperor Honorius, was settled in the Borders between Gaul and Spain) to Roderick, who was totally subdued by Tariff the General of Vlit Miramamoli● the Moor. Part of these Visigoths fixed themselves likewise in this Kingdom of Britain; for from the Ancient Scanzian were derived the * Vid. Sheringham Discept. de Orig. Gentis Angl. Jutes, Gutes, or Geteses who nested in part of Germany, and were afterwards called Saxons, and who from Germany came and took Possession of this Island. Of the same Scanzian, or Gothick Race were likewise the Danes, who about Two hundred Years before the Norman Conquest, invaded England, planting Colonies and gaining such Footing here from time to time, that at last they wholly Master's both the Saxons and the Natives. From this Soil likewise, barren o● Provisions, but fertile in producing Men did spring the Normans, who under the Conduct of Roul left their own Soil; first touching upon our Coast, and finding no Reception here, they were content upon Terms, to departed, and carry the Terror of their Arms elsewhere, which they did into France, where by their Valour they obtained that Tract of Land, which from them was called Normandy, from whence in One hundred and Twenty Years they came, and in one Battle Conquered England. Thus by these Swarms from the North, of Men seeking new Seats, the best part of Europe came into the Possession of a rough Warlike People, whom the Luxuries of Asia, Greece and Rome, had neither corrupted nor refined; And these new Inhabitants changed every thing, introducing in all Places new Customs, other Manners, Languages, different ways of making War, new Laws, and new Forms of Government. And these several Branches, springing from the same Stem, it must follow, that the Fruit they bore would be near of a Taste; by which we mean that in their Manners, Laws, and principally in their Politic Government, they must of consequence, as indeed they did, very much resemble one another. And whoever looks into the Ancient Constitutions of England, France, Spain, Denmark and Sweeden, will find, that all these Nations, had one and the same Form of Government; and tho' they might vary in some Circumstances, yet they all agreed in certain Fundamentals, which were, That the People should have their Rights and Privileges; That the Nobles, or Men of chief Rank, should have some Participation of Power, and That the Regal Authority should be limited by Laws. 'Tis true the Germane Emperors have some shadow of, and pretend Succession to the Roman Empire; but whoever contemplates their Laws, Constitution, and Form of Government, will find all strongly impregnated with the Gothick Tincture. However, he who considers the Migrations of these Men, will perceive, that the Governments which they established, were the necessary and unavoidable Consequence of their Expeditions, and that People seeking new Seats could not properly put themselves under any other Form. For so vast a Design as that of leaving one's own, and invading a remote Country, must fall into some Bold and Great Mind, that could first conceive, and then be able to go through with such an Undertaking; and he who was thus qualified with Courage and Conduct, easily obtained Supreme Authority over all the rest; from whence came, That these People chose to be governed by Kings. But the first Expense of this Expedition being very great, and he who projected it not being able to bear it all himself, he Associated to him certain of his Principal Countrymen, who had likewise Followers and Dependants of their own; These in Consideration of what they contributed towards the Common Design, were not only to share, in the Conquered Lands, but in these Lands to enjoy certain Powers and Privileges, and to have Names of Honour, by which they were to be distinguished and set above the rest: From whence came, 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 Politic, and were to protect those who had come under their Banners, and followed their Fortune, and were vested by the Constitution with eminent Power, that they might be a Screen 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 Burden to the Great Ones: For which Reason, by Compact with those whom they followed, 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 reserved to 'em their distinct Rights and Priuliedges, and Part of the Conquered Lands were Assigned 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 Commonwealth: 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 persuaded 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 Tenors, 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 increased in Wealth and Possessions) soon became so Considerable as to make it necessary, That what was properly called 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 called either the Estates, Assemblies, the Cortes, 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 continued without any material Change, till the Two last Centuries. But in process of Time, the Soil altars 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 Enslaved, while colder Climates seem more tenacious of their Liberties. The French were the first who stooped to the Yoke of Regal Authority, not limited by Laws; Spain soon followed, 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 softened and depraved 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 ancient Britton Courage; and this Soil having always bred and nourished Men of Heart and Stomach, it happens that we still continue Free, and that we keep the main Parts of our Original Constitution. Ancient Conquerors have in the same manner divided their Acquisitions, between the Prince, his Chief Fellowers, and the People; but the Tenors, or Rights, by which these Lands were to be Held, seem particular to these Gothick Settlements, and with admirable Polity contrived to preserve the Links of Protection and Obedience, which should hold Prince and People together; for 'tis Natural for Men to Cherish and Protect their Dependants; 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 sufficed, unless there had likewise been made such a Partition of Power, as we have mentioned; for the Greater would have encroached upon, and swallowed 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 Tenors as the Goths introduced, it will be necessary to say something upon that Subject. This way of holding Land by certain Services was brought in by the Lombard's, who descended of the * Groti. Prolegom. in Hist. Goth. Vand. & Longobard. Gepidae, a People tha● quitting Scanzia, were left upon an Island of the River Vistula, where increasing in Numbers, they were compelled to seek new Seats, and who after many Roving and Adventures came at last to fix in Italy. What we call Fee, and what in modern Latin called † Cujacius ●eud. l. 1. Tit. 1. Feudum, had its Original from the Kings of Lombardy, whose Custom 〈◊〉 was to grant Territories, Towns and Citi● to their Captains and principal Followers who were to have a kind of Usufructuary Right therein, or more properly the Vtil● Dominium; but of these Lands the Prince reserved to himself the direct Dominion 'Tis 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 Lombard's, who did not only assign Lands upon the Limits, but distributed whole Countries to be held by Fidelity and Service. These Tenors were first at Will, afterwards for a Term; then they came to descend to one Son, afterwards to be an Inheritance. He that held the Fee was obliged upon Summons to arm himself and follow his Lord's Banner, and to stand by him in all Dangers: Besides he was Subject to the Payment of Tributes, Aids or Subsidies. As the Prince conferred these Fees upon great Lords and Barons, so these Barons came to confer 'em upon others. The Germans had anciently something of the like nature; but from Italy, they passed into France, and from France into England. And certainly it was a wise Institution, To give a new People, who were to be continually upon their Guard, either against the Natives, or Foreigners, some Interest in those Lands, for whose Defence they were so often to expose their Persons. When these Northern Expeditions had Success, and that a Country was subdued, there was assigned to the Prince, or he took to himself, part of the Land, which he Held in Demesne, from which, and by the Profits and Strength the Tenors produced, he maintained himself in War and in Peace, without laying, in Ancient Times, any other Burden upon his People. And without doubt, our Kings were most happy when they lived upon this Revenue of the Crown, which was neither grievous by its Weight, or Novelty. What the Prince thus received came cheerfully, because the People had good Bargains from the Crown. 'Tis true, they who Held by Military Service, were at more Expense in time of War; but 'twas the nature of their Tenure, and they bore it; nor did a Warlike Race of Men, dislike now and then to be in Action. And 'tis probable, our first Princes chose to subsist from a Revenue that would be Paid without murmuring, and which they might call their own, rather than upon the Manufactures and Trade of their Subjects, as was practised by Eastern Kings and the Roman Emperors, who were always laying fresh Impositions upon their People, which ill suited with the free Genius of the Men these Northern Princes were to Govern. Those Loads upon Industry, high Customs, and what we call Excises, were afoot in the Roman Empire, but not thought of in these Gothick Settlements: 'Tis true, from the time Kings have desired greater Armies than their Crown-Revenues would maintain, such Impositions have been revived in these Parts of Europe. These Kind of Taxes, from which this side of the World had been exempt for several Ages, were renewed by Ambitious Princes, who had great Thoughts, and small Territory; of which kind, were Ferdinand and Alphonso of Arragon, Kings Guicciard. L. 2. & 4. of Naples, and Lodowick Sforza, Duke of Milan, who harassed their Countries with these sort of Duties, to such a degree, as at last it produced an Universal Defection of their People. By these Ways and Means of Raising Money, Lodowic Sforza had heaped up such a Mass of Wealth, that not Eight Years before Milan was taken, he showed several Foreign Ministers, by way of Ostentation, besides Jewels, and other sort of Riches, in no small quantity, to the Value of One million, five hundred thousand Ducats: A vast Sum for those Times. The Kings of Naples, had likewise scraped up a great Treasure, by the like Methods. But what did all this end in? These Exactions, had so provoked the People, that neither the Innocence, nor Virtue of Ferdinand, Alphonso's Son, nor the dark Wisdom and Subtleties of Lodowick, could avail 'em in time of Danger, insomuch, that they both lost their Dominions to the French, without hardly striking a Stroke. The Necessities, introcuced by the long Wars in Italy, brought these sort of Taxes more in Vogue, and they were chief made use of by the little Princes there, who Erected to themselves Tyrannies in several Cities. Not long after, this way of Raising Money got footing in Spain, and the Tax was called the * Baudier l' Aminist. du Card. Ximen. Cap. 3. Alcabala, by which, the King was to have the Tenth part of all that was Sold, or Exchanged; it was first laid towards defraying the Expenses of the Wars of Granada, against the Moors, and continued for some time, tho' the War was ended; but by the Authority of that Great Minister, Cardinal Ximenes, it was Abolished. They had likewise, Taxes upon the Consumption, long ago in France, as in the Reign of † Mezeray vie de Chilp. Chilperic, which the People thought so burdensome, that many therefore deserted their Country, and we hear not of 'em again in their Histories, till some Ages after, and the manner by which they are now Collected in that Kingdom, came from Italy. But the Ancient Revenue of the Kings of France, consisted in Land. * Vie de Clotaire. Mezeray, says, Le Revenue des Rois consistoit en Terres ou Domains, & en Imposts qui se prenoient sur les Gaulois seulment, car il estoit odieux d'en prendre sur les Francois, on les levoit quelques uns en argent, quelques-autres en denres. Quand on fit l'arpantage ou partage des Terres, les Rois en eurent pour leur Portion quantite des plus belles specialement aux environs des grandes villes. Dans toutes ces Terres▪ qui'ls apelloient, Villae Fiscales, ils avoient des Officers ou serviteurs, qui se nommoient Fiscalins, & celui qui leur commandoit Domestic. On amassoit les Provisions de bleds, de vins, de fourages, the Chairs, specialement de Venaison, & de Porc. And as to Excises, Gabels, and high Duties upon Trade, they were unknown, among the Founders of the English Government, or of the Kingdoms round about us. We have been compelled to look thus far backward, and to repair to the Fountainhead, and Original of this Government, in order to illustrate, what we are going to lay down in this Section, which is, I. That in Forming this Constitution, our Ancestors took care to make ample Provision for Maintaining the King's Crown and Dignity. II. That, when those Lands, and Revenues had been parted with, which were allotted for his and the State's Service, Parliaments have seldom failed to Relieve and Restore his Affairs, by Acts of Resumption. William the Norman, when he had subdued Harold, and got quiet Possession of the Crown, made a general Survey of the whole Kingdom. There was already a Survey, remaining at Winchester, which had been taken by King Alfred's Order, about Two hundred Years before William's Survey, was called, Doom's-Day-Book, in which there was set down a Catalogue of all the Tenants in Capite, or Serjanty, that Held Lands in every County. In this Account, the King is always placed first, and His, and the Crown Lands, described under the Title of Terra Regis; and in every one of these Counties the King had Lands and Manors. The Great and Little Doom's-Day-Book, contained the Description of all England, Westmoreland, Cumberland, Northumberland, and part of Wales excepted. There were Appropriated to the Crown * Vide Doomsday Book. 1422 Manors, or Lordships, besides Lands and Farms in Middlesex, Shropshire, and Rutlandshire; over and above which, there were Quitrents, paid out of several Manors. Insomuch, that * Fol. 523 Ordericus Vitalis, says, William the Is. had coming in L 1061-10-1 ● per diem of Sterling Money, which, the Value of Money in those Days considered, was a prodigious Income. † Jervais of Tilbury, says indeed, That at * Jerv. Tilb. Dial. de Scacc. that time, all the King's Tenants, paid their Rents in Kind: But this will appear manifestly otherwise, to any one that looks into Dooms-Day-Book. And tho' Ordericus, may have given us an Account somewhat too large, yet considering the Number and Value of his Manors, and the Number of Knights Fees, which were Sixty thousand, out of which Escuage might be Levied in times of Action, he had without doubt, a very great Revenue, either for Peace or War. * Cotton. Post. pa. 179. Sir Robert Cotton says, The Article of Terra Regis, in Dooms-Day-Book, consisted in such Lands as K. William found Edward the Confessor had been in Possession of, and that to Alienate this Revenue from the Crown, was held Impious, by our Forefathers. Most certainly, in this Universal Survey, there was inserted whatever the Kings had claimed to the time of Edward: But there was good Reason to think that he added to the Terra Regis, such Lands as he pretended were Forfeited by those who had engaged in the Battle of Hastings, and the Estates of the Barons, and other great Men who afterwards from time to time Revolted from him: Part of which Lands he annexed to the Crown, distributing the rest, with a reservation of certain Quitrents, among his Norman Followers. By this Account it appears, That this Founder of our present Government, left to succeeding Kings a fair Inheritance, sufficient to maintain their Estate and Dignity at Home, and capable to Defend the Realm against Invasions from Abroad. But this Model of a Politic Constitution, easy both to King and People, was somewhat shaken, even by his next Successor, William Rufus, who not only wasted the vast Treasure left by his Father, but also run into such Profuseness, as forced him to Harrass the whole Kingdom. He alienated the Crown-Lands: And * Dan. p. 44. Daniel says, He was compelled to resume his own Grants. William of Malmsbury, speaking of this Prince, says, * Will. Malms. p. 122. Plures Patrimonia sua effudere inconsulte largiendo. Quid vero est stultius quam quod libenter facias, curare ne diutius facere possis? It aque quidem cum non habent quod dent, ad Rapinas convertuntur, majusque odium assequntur ab iis quibus auferunt, quam beneficium ab iis quibus contulerunt. Henry the Is. who succeeded, had all the Qualifications belonging to a Wise and Provident Ruler. He brought to Punishment Ranulphus Bishop of Durham, who had been the chief Adviser of all the Irregularities, Profusions, and Exactions of the last Reign: * Ord. Vit. Fol. 822. He likewise took into his own Possession, all his Father's Lands and Lordships in Normandy, which his Brother had squandered away, and by the Judgement of Wise Men, made those Gifts void which imprudently had been bestowed upon undeserving Persons. After the Death of Henry, Stephen, the Third Son of the Earl of Blois, by Adela the Fourth Daughter of William the I▪ was Elected King. He found in his Uncle's Treasury 100000 l. besides Plate and Jewels of an immense Value; Having no good Title to the Crown, he was forced to purchase the good Will of the Principal Men by Gifts * Will. Malms. Hist. Nou. pa. 180. Multi siquidem, quos vel Nobilitas generis, vel magnitudo animi, vel potius viridioris aetatis audacia ad illicita praecipitabat, a Rege hi Praedia, high Castilia, postremo quaecunque semel collibuisset, petere non verebantur; And with these Grants he bought the dissembled Affection of his Courtiers. * ibid. Malmsbury calls it † Simulatam ad tempus Pacem; for all this Liberality could not make the Nobles faithful to him, his whole Reign, having been nothing but a Scene of Treachery and Bloodshed. At last he was forced to come to Terms of Agreement with his Kinsman Henry Fitz-Empress, of which one Article was, That he should resume those Grants, * M. Par. p. 86. Regalia passim a Procerib●s usurpata Rex in sua Recipiet. And persuant to this Agreement did Henry the II. act when he came to the Crown, which is to be the more admired in him, because he was a Stranger born, Son of the Earl of Anjou, and succeeding by Maud his Mother's Title, and because the Crown Revenue was got into powerful hands, able to give him strong Opposition; but nothing could stand before his Courage and Perseverance: He resumed the Lands which King Stephen had given among his Followers. William Earl of Albemarl pretended to oppose him in Northumberland, but he brought him to restore what belonged to the Crown, as he did likewise Hugh Mortimer, * Chronicon Johannis Brompton Col. 1046. Considerans autem Rex quod Regni redditus & Dominica per Molliciem regis Stephani ad Dominos multos jam devenissent, praecepit ea cum omni integritate infra tempus certum a quibuscunque detentoribus resignari & in jus statumque revocari. He also took upon him to banish Foreigners, particularly the Flemings, who had nested here in hopes of Booty under a lose Reign: † Rex tenuit * Gerva. Chron. Col. 1377. Curiam suam apud Beremundesiam, uhi cum Principibus suis de statu Regni & pace reformanda tractans, proposuit animo alienigenas gentes de Regno propellere. Matthew Paris speaking of this Prince, says, * M. Par. p. 92. Qui continuo in Regem promotus, caepit in jus proprium revocare Vrbes, Castilia & Villas quae ad Coronam spectabant; Alienigenas, & maxim Flandrenses de Regno expellendo, & quosdam Pseudocomites quibus Rex Stephanus pene omnia ad Fiscum pertinentia minus caute contulerat, deponendo. So that we have here the Instance of a Warlike King (for such a one Henry was) greater in Revenue and Extent of Foreign Dominion than any of his Predecessors, who thought it no Derogation to his Honour to look into these Matters. And this provident Care of his had such an Effect, that his Son and Successor Richard the I. at his coming to the Crown, found in the Treasury above L. 900,000 besides Plate and Jewels * M. Par. 152. Inventa sunt plura quam nongenta Millia librarum in auro & argento, praeter Vtensilia & Jocalia, & lapides pretiosoes. But this and much more was presently consumed in the mad Humour which at that time had seized all the Princes of Europe of making War for the Holy Land. To furnish himself for this Expedition Richard, sold several Parcels of the Crown Revenue. † Hoved. p. 658. Hoveden says, Rex exposuit venditioni omnia quae babuit, scil. Castilia, Villas & Praedia; But the Lands thus granted away he did resume. * Dan. p. 105. Daniel says, that after his second Coronation, which was at Winchester, he not only resumed the Manors he had sold to the Bishops of Winchester and Durham, but whatsoever other Sales he had made of the Demayns of the Crown, Alleging 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 called a Parliament, by the Authority whereof, he resumed 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 spared not for any sufficiency of Writing that by him before was made. But, to confirm this, Authors may be produced of more Antiquity than either of these. * Hen. de Knyghton. Col. 2408. No. 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. Nᵒ. 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 raised 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 shows. * 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 Sum 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 looked 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. No. 40. Omnes Alienigenae ejecti erant de Anglia & omnia Castella quae Rex Johannes donaverat & tradiderat in Custodiam Alie●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 answered, 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 Proceed of some of his Officers: They named no body to hlm, ●ut he understood whom they meant, and called several of his Ministes to Account., 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 Honours & 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 redditib●● & rebus omnibus ad Fisci commodum spect antibus, ratiocinium exigere: Et quoslibet d● fraud convictos, a suis Officiis deponens, exegit ab eis pecuniam suam, etiam cum usurii●▪ & tenens coarct abat eos, donec reddere● 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 lavished all his Crown-Revenue, and the * Ibid. p. 386. Treasure of the Kingdom. Invitavit p●latim tot Pictaviensium Legiones, quod ●●tam fere Angliam repleverunt, quorum R●● agminibus quocunque pergebat, vallatus ince●sit. But in 1234 he was compelled by his Barons to Banish these Strangers: Yet he returned quickly to the same bad Measures, insomuch, that his Brother Richard, Earl of Cornwall, told him, That he Robbed his own Country to give it to Strangers, and the Kingdom's Enemies. In this Lose Reign, the * Ibid. p. 733. 747. Money of England was corrupted: But nothing angered 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 Governed, Private Men enriched themselves with the Public 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 Banished. Vbi statutum erat † Knyghton Col. 2445. No. 40. quod ad Terras suas quas in partibus transmarinis habebant transfretarent. And that immoderate Wealth they had gathered here, was not permitted to be carried away, but was ‖ M. Par. 973. Seized upon, and Confiscated to the King's use. In this Colloquy, the Barons told him, That he was in Debt, and Ruined by the Strangers about him, who had Consumed all, so that he was forced to give Tallies for the Victuals of his Table. * Knyghton Col. 2445. No. 10. Domine Rex, inter manus Alienigenarum res utique tua male agitur & diversimode tractatur, nam consumptis universis multo jam deprimeris, e● alieno, & datis pro cibariis tuis Tallei● versus es in scandalum in omni populo tuo▪ The Consequence of this Profusion, was grievous Taxes; the Taxes produced Discontents, these Discontents, encouraged Simon Montford, and others, to begin th● Civil War, in which this King had bee● lost, but for the Courage and Conduct 〈◊〉 his Son. In the Reign of Edward the I. we 〈◊〉 not find there was any Resumption; b● Annn Dom. 1289. the Legislative Authority did very wisely interpose in Corre●ing the Abuses of Westminster-Hall, * Vide Dan. p. 160, Mat. West. p. 414. No. 10, and Knyghton Col. 2466. Fin●ing all the Judges for their Corruption and Extortions. Sir Ralph Hengham (w● had been Chief Justice of the high● Bench, and Commissioner for the Government 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 ● Riotous and Profuse Court. The unbounded Favour of this Prince o his Minion Pierce Gaveston, made Earl of Cornwall, and the Waste which the said Earl had made in the Crown-Revenue, so provoked the Peers, that they never restd till they had obtained an Instrument mpowering several Ecclesiastical, and ●ay Lords, to make certain Ordinances ●or the good of the Kingdom, which nstrument, and Ordinances made by Virue of it, were afterwards ratified in Parament. Among other things, it was then ordered, That the Crown-Revenue should ●ot be Alienated. Derecheif ordain est Rot. Ord. 5 Edw. II. Nᵒ. 3. pur les dettes le Roy acquitter, & son estate relever, & le plus honourablement maintainer, qe nul don de Terre ne de Rent, ne de Franchise, ne d' Eschete, ne de Gard ne Marriage, ne bailie se face a nul des ditz Ordenours durant leur poer del dit ordeinment, ne a vul autre sans Conseil & assent des ditz Ordenours, ou de la greinder party▪ the eux au six de eux au moins, mes totes les choses desquex profits poit surdre soient enpruees all profit le Roy jusques son estat soit avenantment releve, etc. There is this Remarkable in the Record, That they bond 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 No. 7. Et puis derecheife pur se qe l● Corone est tant abeissee & demembree p● diverses donns, nous Ordinons, qe to● les donns qe sont donez au damage d● Roy & descresse de la Corone, puis 〈◊〉 Commission a nous fait, des Chasteam▪ Villes, Terres, & Tenements, & Bayle● Gardez, & Marriages, Eschetes, & Rel● queconques queles soint, aussibien 〈◊〉 Gascoin, Irland, Gales & Escoce, co● me en Engleterre, soint repelleez & no● les repellons de tout, sanz estre redonn● a meismes ceux, sanz comun assent 〈◊〉 Parliament: Et que si tieu maner des dom ou Reles soint Desormes donez enc●●tre la form avantdit, sanz assent de so● Barnage, & ce en Parliament, tant qe 〈◊〉 debts soint acquittees & son estate avenantment releves, soint tenus po● nuls, & soit le pernour puny en Parlement par Agard del Barnage. 'Tis true, these Ordinances were revoked 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 Country's Freedom, and his immoderate Favour and Bounty to the Spencers, Earls of Whinchester and Gloster, with all his other Misgovernment, lost him both his Crown and Life, in a short time after. 'Tis to be presumed, That what the Parliament had done in Edward II. Reign, to hinder the Favourites from making Depredations upon the Crown-Revenue, had effectually stopped the Evil, because we do not find there was any need of an Act of Resumption in Edward the iii 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 Precedents 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 lose and careless Administration, produced the Parliaments of 10th 11th and 13th Richard II. by which his Power was circumscribed and bounded. 'Tis true 21 Richard II. he procured a Repeal of what had been formerly settled by Parliament for the Welfare of the Kingdom, in which Sessions he got Iniquity established by a Law; but the Conclusion of all this Misgoverment was, that he incurred so much the Public hatred as to be deserted by the whole People, and in a solemn manner to be deposed. The Excesses of the Court, and Rapine of the Ministers in those days, and towards the latter end of Edward III. produced Acts of Resumption. The Commons pray that all kind of Gifts whatsoever, made by King Edward III may be examined, if worthily bestowed, to be Confirmed, if otherwise to be Revoked. * Rot. Parl. 1 Ri. II. No. 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, Guards, Marriages, Eschetes, & Releves, aussi bien en Gascoigne, Irlande, come en Engleterre, qe please a notre Seigneur le Roy, & son Conseil fair examiner par les Rolles de Chancellerie, du temps notre Seigneur le Roi, qi Dieux assoil, queux downs, & a queux, & quelle somme ils amontent qi aviendront, a trop haut somme sans doute, & qe sur ceo ils soient sagement examinez, asqueux ils estoient donez notablement & profitablement, pur le Roi & le royalme, & es queux notre dit Seigneur estoit deceux, & says donns malement employez, & queux tous ceux asqueux notre dit Seigneur estoit deceux, & qi sont malement employs, y puissent estre de tout repellez, sanz etre redonez as memes ceux, ou a vul autre, tanqe ses dettes soient acquits & lestat de nos tres honour's Signior les fitz de notre Seigneur qi Dieux assoil, qi sont pours a leur estate, y purra avenantement per ascuns des ditz donns etre relevez, & soit le pernour quensy ad notre dit Seigneur deceux punis en cest present Parliament, selonc son desert par agarde de Baronage, en supportation du Charge qe le common People y convient porter: Ratifiantz & Confirmantz a ceux qii ont deserve, les donns en manere come notre dit Seigneur, qi Dieux assoil, leur avoit grantez Considerant a chescun son long service, & son Desert, & regardant sil please a notre Seigneur, as tous ceux qe servirent a nostre dit Seigneur, son Aiel, qe sont sans reward pur lour Service. Resp. Les Seigneurs de continuel Counseil serront Chargez de veer & examiner les ditz donns, & les Conditions estates & deserts des Personnes & en ultre fair ce qe reason Demand. Anno 3 Richard II. The Speaker says, If the King were reasonably governed in his Expenses, within and without the Realm, he should have little need to charge his Commons, who were already much Impoverished. * Rot. Par. 3 Rich. II. No. 12. Dist qe lour sembloit a la dite common, que si lour Seigneur lige eust este bien & reasonablement governez en ses despenses par dedeins le Royalme, & autrement, il neust o'er besoigne de leur aid, per chargeant sa dite Commune, quore est trop power, etc. Anno 5. Richard II. The King says, He will make no Grant without the Assent of the Lords of his Council, till he shall be out of Debt. * Rot Par. 5 Ri. II. P. 1. No. 74. Item, Prient les Communes, qil please au Roy notre Seigneur, qil puisse au present estre Escript en Rolle de Parliament, comment ordenez est, per lui, nos autres Signior, & toute la Commune, qe dedesore en aprez, nul donn de Terre, de Rent, de Garde, ne de Marriage, ne de vul Manere Eschete soit Grantez a nulluy, tanqe le Roy notre dit Seigneur soit hors de debt, & horse des tielx Charges de Guerre, come y ad au present, & si aucune Person demand aucune donn au contraiere de cette Petition perdie les service & company notre dit Signeur pur toujours apres. Resp. Il ne semble my honest ne chose Honourable au Roy, ne a sa dignity, qil see lieroit a telle Guise peront il enter fuist si oultrement constraint, mais plest au Roy & il voet pur le bien de luy mesmes & the son royalme, soy restreindre, & abstenir a doner ou granter a aucune Person, Terre, Rente, Garde, Marriage, ou Eschete, sans lassent & accord des Signior & autres de son Conseil. Anno 6 Rich. II. The Commons among other things pray, That the King will appoint good Orders about his Person, so as he may live within his Revenues, and that all Profits and Gifts may be employed upon the Wars, to the ease of the Commons. * Rot. Par. 6 Ri. II. No. ᵒ 42. Come autrement ordeigner, qe bone Governail soit miss entour votre honourable Person, si qe vous purres honestement & roialment viver, deinz les revenues de votre royalme, & qe toutes Maneres des Guards, Marriages, Releifs, Eschetes, forfeitures, & toutes autres Commoditees, puissent estre gardez pur vos Guerres, & en defens de votre Royalme, & nul part aillours donez en supportation & aid de vos pours Communes & grant honour & profit a vous. Resp. Le Roy est de bone Voluntee & le desire moelt entierement de fair & ordonner en ce case per lavis des Seignede son royalme ce qe luy semblera mieulx affaire pur son honour & Profit. Anno 9 Ri. II. It was enacted, That all the Revenues, as well in the Exchequer, as elsewhere, should be laid up for one whole Year, without any Diminution thereof by Gift. † Rot. Par. 9 Ri. II. N ●. 42. Item qe ordain soit en especial qe tous les Revenues notre Seigneur le Roy, si bien en l'Eschequer, comme aillours, soient sawement gardez per un an entier sans estre donez a vully per vul Grant, en Supportation de Nostre Seigneur le Roy, & the son People qe please a notre Seigneur le Roy de charger & commander les Seigneurs du Conseil, & says Officers en plein Parliament, que rien ne soit fait au contraire. Resp. Le Roy le voet. Anno TWO Ri. II. The Commons pray, That no Hereditaments, or other Profits, then escheated to the King, be granted to any during the Wars, and that no Person presume to crave any of the same. * Rot. Par. TWO Ri. II. P. 1. No. 24 Item Prient les Communes, qe toutes Maneres de Seignouries, Terres, Tenements, Rents, Services, Biens, Possessions & Chateaux qeconques, forfeits a notre Seigneur le Roy, par cause des Jugemens rendus devers les Persones adjugez en cest present Parliament, & auxint toutes autres Terres, Tenements, Eschetes, Forfeitures, Guards, Marriages, & autres Profits qeconques queux sont, ou deviendront en la meins du Roy per qeconque cause demoergent entirement en la main du Roy nostre Seigneur durant les Guerres, pur acquiter ses dettez & en eide de meintenir son estate & ensement en eese & supportation de ses pavures Communes du royalme nient contresteant ascun Grant ou Garrant fait a ascunnys avant cestheures & qe nul homme greindre ne meindre, en I'Hostiel du Roy, ne entour la persone du Roy ne autre qeconqe, de quel Estat ou Condition quill soit, en privee, nen apert, soit sy hardy a demander ou preinder de donn nostre Seigneur le Roy, ascuns des Seigniouries, Terres, Tenements, Rents, Services, Biens, Possessions, Eschetes, Forfeitures, Guards, Marriages, Chateaux, ou Profits susdits, ou autres Profits, ou Revenus qeconques, durant les Guerres, come dessus, sur peine de forfaire le double devers nostre Seigneur le Roy, & repelle de mesme la choose issint demandez, & etre reint & Imprisonnes a la volonte du Roy. Purvus toutes voys, qe si ascun home eit terres tenements ou Possessions du Grant notre Seigneur le Roy, ou dascuns de ses Progeniturs, queux furent parcelles de la Corone, qe per bon trette enter le Conseil du Roy & les possesseurs des tieux Terres & Tenements, mesmes les Terres Tenements & Possessions poient estre rejoints a la dite Corone, a Profit du Roy, grantants autres Terres Tenements ou Possessions de les Forfaitures avant ditz en eschange pur les Terres Tenements & Possessions the la Corone susdite, & sy les Seigneurs ou autres qi ont Terres ou Tenements de la Corone, come dessus, ne voellent volontairement a ce assentir, ne accorder, qils eint & enjoient lours terres & tenements the la Corone avant ditz, come ils ont eu a devant, & qe les Grants Officers du Royalme par avis des Seigneurs du Conseil, eient Poer de vendre parcels deles dites Forfeitures per leur bone discretion, & qe le Grant sur tiel vendue soit ferme & estable. Resp. Le Roy le voet, forpris d' Offices & Baillis, & ce qil a donne en cest present Parliament, issint, qendroit de forfeitures adjuges en cest Parliament, si ascun pretend davoir droit ou Interest en Icelles, sue au Conseil, sil luy semble affaire, & droit luy sera fait. The Misgovernment of this Prince not only in his Revenues, but in all the Duties of his high Office, with his Profusion and Partiality to his Favourites, made way for a very great Revolution, and drew on so much hatred of the People, as at last all his Subjects withdrew their Allegiance from him, and chose another, King Henry the iv his Cousin German. Anno 1. Hen. IU. The Commons Pray, That the Lands, parcel of the Crown-Revenue, granted away by Edward III. and Richard II. may be resumed. * Rot. Par. 1 Hen. IV. N●. 100 Item, touchant Terres, Tenements, & Rents, ou autres Possessions, queconques, qe furent parcelle de la Corone, ou des Seignouries de la Corone, en temps Seigneur Edward le tierce, Roy Dengleterre, ou en temps Richard, darrein Roy Dengleterre, nient donez per assent du Parliament, ne en eschange pour autres Terres, o'er demurantzes a la Corone, qe toutz y ceux soint rejoints arere a lafoy Corone; purveu toutefoitz, que si ascun Seigneur de lestate Chivaler, ou Esquire pur son travaille duement deservy, eit pur term de sa vie, & nient autrement, qil ne soit rebote dicelx, devant qil soit autrement guerdonez & semblablements seit feat dela Principalte de Galls, the Cornwailee, & de Cestre, & reservez tout foits, as Citeins & Burgeys, parmy tout le Royalme, lour liberties & Franchises, & a lour Heirs & Successors. Resp. Le Roy sadviesera, & par bone advys & Discretion enter fera due remedy. Anno 5. Hen. IU. The Commons Pray, That the King would provide for the Repairing of his Castles, and Houses, and namely, for his Castle at Windsor which was greatly in decay, and not to Grant away the Profits of those Castles, and Houses, and notwithstanding, to stand to the Repair of the same, without which, he could not but run to the great Charging of the Commons. * Rot. Par. 5 Hen. 4. No. 10. Et auxint les dicts Communes monstrerent, comment les Chastellx & autres Manoirs du Roy sont moult ruineuses, & embusoignant de grand Repris, & Reperation, & comment les Prosits dicelles sont donez as diverses People, & le Roy supporte les Charges, come per especial, le Chastel de Windesore, a qel feust assignee certain Commodity, pur la Reparation dicelle, & o'er mesme la Commoditie est donne as certaines People, & le Roy supporte les Charges & auxint es autres places, les Gentz preignent les Profits de Herbage, & del vert, deins diverses says Parks, & Bois, & le Roy supporte les Charges de le enclosure dicell, & pur cestes importunes charges, & plusieurs autres, & pur les plusieurs douns des Chastellx, Terres, & Seignouries, & des Annuites, faits & donez nient duement, ne descreteinment, & par especial pur les Grandes Charges & Depenses de le Hostel du Roy, & pur amendment des tielx meschiefs fair, & pur ouster tielx inconveniences en apres, en supportation del Commune People, les Communes prierent au Roy moelt entierment, & cordialement, qe considerez les Perils imminentes, de toutz parts per ses Ennemies, & Rebelx, comes yont novelx de jour en autre, & comment le case est tiel, qe si tielx meschiefs ne soient Graceousement remediez, & refourmez en cest Parlement y purroit estre qe sur soudeins novelx de arrival des enemies, ou per autre voix, mesme cest Parlement de necessite seroit de tout depurtiz, & dissolvez▪ & jamais les Seignours ni les Communes see re-assembleroient, pur remedee ne redress fair, sur les meschiefs susdits; & autres qe Dieux defend. It appears by the Purport of this Petition, That there were certain Lands and Rents set aside, or assigned for the Repair of Windsor-Castle, that ancient Seat of our Kings, and Sacred to the Honours and Ceremonies of the Garter, and therefore particularly provided for with a Revenue, by the Wisdom of our Forefathers; yet it seems these Lands so annexed to Windsor; were at that time Granted away to some great Man, o● craving Courtier: But this the House o● Commons did not then think reasonable. And the Remonstrance thereupon made, was kindly taken by the King▪ For he answered the Petition in Person * Resp. from the Throne. Et sur ceo mesme nostre Seignour le Roy moelt graciousement de son bouche propre, en plein Parliament, chargea & commenda si bien tous les ditz Seignours, come les di●z Communes, qils faiorient lour diligence & luy montreroient lours bons & seins conseilx, celle party, pur aid de luy, & de tout son Roilame. Et puis apres les dits Communes en mesme le Parliament firent reqeste as ditz Seignours, qe come le Roy lour avoit donne tiel Charge, & mandement, & ceo en si haute Court de Record, qils fairoient lour diligence bien & loyalment sans curtosie fair entre eux, en ascune manere, come ils voloient respondere devant lue Dieux tout puissant, & devant nostre dit Seignour le Roy, & a tout le Roialme en temps avenir, & qe de sur ceo mesme les Communes enter fairoient semblablement de lour party, & disoient outre mesme les Communes, a nostre dit Seignour le Roy, qe cestes matiers ensi faits, & accomplez en cest Parliament, il lour troveroit foialx & naturelx liges devers luy de parfaire son plaisir, & voloir a lour poiar par le aide de Dieux. 'Tis 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 continued in the Demeans of the Crown, till very lately. And some Years after, Viz. Anno 31. Hen. VIII. there passed an Act of Parliament expressly to Annex several Manors by name to the Castle and Honour of Windsor, not to be alienated from it; so careful 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. IU. the Commons rehearsing, how King Edward III. in the Parliament Holden in the 11th. of his Reign Created his Eldest Son Duke of Cornwall, and the same Dukedom annexed to the Crown, with divers Hereditaments by his Letters Patents, by Authority of the same never to be Dismembered, or Sold away. They therefore Pray the King to resume and seize, and so to unite again to the said Duchy, such Lands as were Sold away by Prince Edward, King Richard, or by the King himself. * Rot. Par. 5 Hen. IV. No 22. versus Finem. Non obstants Incorporation o● Union de qel Duchee per une haute A●thorite ensi perfaite, puis encea est d●membrez, si●bien per diverses Alienat●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 e●prituelx & temporelx, en cest present Parliament Assemblez, considerantzes l● Union dudit Duchee, en la manere avantdite, fait de requiler tout ceo, ●●dedit Duchee est demembrez, & per A●thorite de Parlement de reseiser & rejoindre a dit Duchee, come il fust a devan● non obstant ascune Alienation. Qele Petition lieu & entendue fuis● respondus en les parolles quensuent. Resp. Accordez est per le Roy, & les Seignours en Parliament, qe le dit Mounseignour le Prince, per lavys de son Coun●eil, eit briefs de Scir. fac. Ou autre recoverer le mieltz qil avoir purra, par les Estatutes & leys du royalme, solonc ceo qe le case requiert, etc. Wherein shall be allowed no Protection, or Praying in Aid of the King, unless it be for Sir John Cornwall and Eliz. his Wife, late Wife of John Holland Earl of Huntingdon, and for such Persons to whom the King is bound by Warranty. Sinon en cas qe le Roy soit expressement tenuza la Grantie, etc. Rot. Par. 6 Hen. IV. No 14. Anno 6. Hen. IU. 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 pavures Communes, de vostre Royalme Dengleterre, granter les Petitions qensuent. Pur ceo qe la Corone del royalme Dengleterre, est grantement emblemissez, & anientissez, per grandez & outrageouses dons, faits as diverses People, si bien esprituelx comme temporelx, des Terres, Tenements, Fee Fermes, Franchises, liberties, & autre Possessions dycelles, Soit ordeigne en cest present Parliament, pur profit du Roy, & du royalme, & supportation des Communes, qe tous Chateaux, Manoirs, Seignouries, Terres, Tenements, Fees & Advoesons, Fee Fermes, Annuitees, Franchises, liberties, & Custumes, queux fuerent member & 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 term de vie, ou a terme de ans en Fee simple, ou en Fee tail, ou sur Condition, ou as Seignours Esprituelx, a eux, & a lour Successors, forsprises Guards, Marriages, & Eschetes & horspris ceo qest assign a Reign, en Dower, soint entierement resumes, repris, & seizes, es manes notre Seignour le Roy, & rejointzes all 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 Parliament: Et qe nulles Persones du royalme, de qel estate ou Condition qils soient, ne eient, tenient, ne enjoient, parcelle del Corone avant dite, de ancienne inheritance dicelle, alienez, grantez, ou donez, puis le dit an quarantisme, sans authority de Parliament, sur peine de incurrer la Forfeiture dicelles Terres & Tenements, ensy parcelle deal 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 People, 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, liberties, & 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 assigns, & 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, o● de ses Progenitours puis le dit an qarantisme, & paient Fee Ferm a la verray value pour ycelles, ou ent rendent due account all Oeps notre Seignour le Roy, chescun an, a son Exchequer, & aussi tous les Citees & burgh's deins le Royalme Dengleterre qont Franchises & Libertees du Grant nostre Seignour le Roy, ou de ses progenitors, Roys Dengleterre, & confirmez per nostre Seignour le Roy qorest, pur Fee fermes annuellement a pay 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 & liberties, mes aient & entierement enjoient toutes les ditz Libertees & Franchises, & toutes autres lour liberties & Franchises, a eux Grantez puis le dit an quarantisme pur releifuement des Fee fermes, encresce & Fortification des ditz Citees, & burgh's seloncqe la form & effect de lour Chartres, ent faites, cest ordeignance nonobstant, Purveu ensement qe nostre tres excellent dame lafoy Reign, ne les Fitz du Roy, ne soient contenuz soubs la constraint decest statute, ou Ordeignance, Purveu auxi qe ceux qont Purchasez de Roy Richard T●rr●s ou Tenements, qeux furent a aucunes Persones forejugez a Parliament tenus a Westminstre lan unsiesme du Regne dudit Roy Richard ne lour Heirs, soient oustez ne molestez de lour Terres & Tenements avantditz per virtue de 〈◊〉 N●●●. c●tte Ordeignance. I●em qe tous Tonelx & Pipes des Vyns, des prises de Roy, & autre Pipes & To●elx des Vyns, grantez a ascunes People, de qel Estate ou condition qil soit, per nostre Seignour le Roy, qorest ou p●r ses progenitors, a term de vie, ou a Terme de ans, soient entierement resumes es mains du Roy. Ibid No. 17. Item que toutes dons & Grantz des Chastelx, Manoires, Terres, Tenements, Fermes, Rents, Annuitez, Libertees, & Franchises, ou Possessions qeconqes, faitz per le Roy Edw. Aiel nostre Seignour le Roy qorest, says Ancestor's ou progenitors, devant le dit an quarantisme del Regne dudit Roy Edw. as People deal Roialme si bien as esprituelx, come temporelx, a term de vie, a term de ans, en fee taille, ou en fee simple, ou as auscuns en mortmain, a eux & a lour Successors, ou as Citeins & Burgheis de Citees & burgh's, & as ceux des Cinq Ports, a eux & a lour Successors, de assent nostre tres graceouse Seignour le Roy, les Seignours esprituelx, & temporelx & communes en ycest Parliament assemblez, soient solonc le effect de lour Estates, per Estatutes enter en cest Parlement affaire, confermez & ratifiez sans estre en aprez adnu lez, repellez, ou revoqez; purveu toutes foitz, qe dons ou Grants des Chastelx Manoires Terres & Tenements, Feefermes, Rents, Annuites liberties Franchises ou Possessions qeconqes faitz devant le dit An quarantisme as auscunes a term de Ans, term de vie, ou en le Taille, en qele Case la Reversion est reservee au Roy maintenan● aprez le estate determine tieux Chateaulx Manoires, Terres, Tenements, Rents, Annuities, liberties, Franchises & Possessions qeconqes soient revertible au Roy come a sa Corone & issint soient rejoint● a la Corone sans estre en nulle maner● departis ou severes en temps avenir. La Responce fait per le Roy de ladvies & assent des Seignours esprituelx & temporelx a les Petitions dessus escripts Qeux le Roy voet metre en Execution en tout le haste possible. Ibid. Nᵒ 20. response en Engleis as dites Petitions, And for as much, that the Commons desiren that the King should live upon his own, as good Reason asketh, and all Estates thinken the same, the King thanketh them of their good desire, willing put it in Execution, als soon as he well may. And because the Commons desiren, that all that longed to the Corone the Fort●● Year of King Edw. and scythe, hath be● departed, should be resumed, to that intent, that the King might better leve of his own: And foralsmuch that it may naught be known unto the King, which is of the Crown, and which is not, without more examination ne what hath be granted sith the forty Year of King Edw. unto this time, the King's intent is to Assign certain Lords Sprituels, and certain Lords Temporels, and all his Justices, and his Sergeants', and all other such as him list name, for to put in Execution als far as he may by the Law of his Land or by his Prerogotive or Liberty all the Articles contained in the Petition of the Commons in all haste that he may in discharge of his People. But this good Care of the House of Commons for the King's Welfare, had no other Effect than to procure, That the Lands, Rents, Profits and Annuities so granted away, should be seized into the King's Hands for one whole Year; but the Reason of this may be easily seen in the Record itself. A great part of these Lands were got into the hands of the Clergy. The words of the Record are, Outrageous Grants made to divers Persons, as well Spiritual as Temporal. Outrageouses dons faits as divers Persons, si bien Espirituelx, comme Temporelx The People were in that Age very Superstitious, as appears by the severe * Vid. Rot. Par. 8 Hen. IV. N ●. 62. Act which passed two Years after against the Lollards; And where the People is Superstitious, the Clergy never fail to have the Chief Power; And by their Interest, in all probability, it was procured, that the Nation could then be relieved only with one Years Profit from those Grants; And because this After-act militates so directly with what the Commons had done just before, there are good grounds to think, that the last Project began in that House, which was then influenced by the Lords Spiritual. But we shall produce the Record itself, to show that the Writer desires to handle this Subject impartially, and to set every thing in a fair Light. Rot. Parl. 6 Hen. IV. N. 21. Item a Considerer les Grants faits per Patentes dessous le grant Seal du Roy, & de ses progenitors & Predecessors, as diverses People si bien a term de vie, come en Fee simple, ou en Fee taille, on autrement, y ne seroit honest, nigh expedient pur le Roy nostre Seignour, the fair repelle, revocation ou resumption 〈◊〉 tielx Patentes, & ceo si bien pur l● clamour & autre Inconveniences, qent purront avenir as estranges parties, come deins le Roialme Dengleterre, Et pur ouster tielx-Meschiefs, accordez est, qe chascun home & feme, de quel estate on condition qils soient, qe ont ascuns Annuites, Fees ou Gauges, a term de vie, ou des Ans, du Grant du Roy Richard, ou du Roy qorest, qils soefreront, & chascun de eux soefrera, mesmes nostre Seignour, le Roy davoir & enjoier les dits Annuites, Fees, & Gauges, deal Feste de Pasche darrein pass, tanqal lendemain de Pasche prochain avenir; cestassavoir per un an entier. Purveu toutesfois qe les Fees, Gauges & Regards the Chancelier, treasurer, Gardien du Privee Seal, Justices de lun Bank & de lautre, Barons the lescheqer, Sergeants du Roy a la Leye, & des autres Officers & Ministres des Courts le Roy, ne soient restreints per virtue de ceste ordinance, mais qils soient paiez come ils ont este accustumez de estre paiez, devant ces heurs. Ibid. N. 22. Item, Qe chascun home & feme, de qel estat ou condition qils soient qont ascuns Chastelx, Manoires, Terres ou Tenements, Rents ou autre Possessions, qel●onques, du Grante du Roy Richard, ou de Roy qorest, qe ils soefrerent & chascun de eux soefrera mefme nostre Seignour le Roy, de avoir, & enjoier les Profits de mesme les Chastelx, Manoirs, Terres & Tenements, Rents & Possessions qeux ils ont ensi a term de vie, ou des Ans, de le dit Feste de Pasche darrein pass, tanqa lendemayn avantdit. Et qe le Roy enter seit respondus a son Escheqer: Forpris Fees & Advoesons, Guards, Marriages, & autres Casueletees as Chastelx, Manoirs, Terres, & Tenements Rents & Possessions avaunt dits appurtenants: Et forpris les Chartelx, Manoirs, Terres, Tenements, Rents & Possessions, Fee Farms, Annuities, & les Profits & commodities, Assignees au Reign, en Dower, ou donez ou grantez a les Fitz du Roy, & a chascun de eux: Et forpris ceux qont ascuns Annutees per Grant ou Confirmation a eux ou a lour Ancestor's, fait en Parliament: Et forprises auxi les Chastelx assises sur les Marches Descoce, ou de Gales, ou sur les Coustes de Mer. But there seems to be given a Power to the King, by his advice of Council, to Resume his Lands from such as have more than they deserve. Ibid. N. 23. ● Item, Qe Proclamation soit fait en Chascun Contee Dengleterre, qe 〈◊〉 ceux qont ascuns Annuitiees, 〈◊〉 Manoirs, Terres, Tenements, Fee Fermes, Fees ou Gauges, ou autre Grant qeconqe, dascune value annuelle, a term de vie, ou des Ans du Grante du Roy Edw. Aiel nostre Seignour le Roy, puis le an qarantisme du dit Roy Edw. o● de Roy Richard, ou de Roy qorest, envoient ou portent devant le Roy & son Counseil perentre cy & le Feste de Chandeleure prochain a venir, a pluistard, les Copies de lour Lettreses patents, a eux faits, per les Roys suisdits, sur peine de forfaire mesme les Lettres Patentes, au fyn qe nostre dit Seignour le Roy, per advys de son Conseil, purra ordeigner qe ceux qont fait bon service eient & enjoient lour dites Lettres Patentes, & les autres qe nount deservies, soient tout outrement oustez de lours dites Lettres Patents: Et auxint de ceux qont pluis qe ne ont deserviez, qe le dit Roy, per advys de son dit Counseil, purra fair Moderation, come mieltz luy semblera. Anno 7 & 8 Hen. 4. The Commons Pray the King, That no Lands to be Conquered from the Welsh, should be granted away in a Quarter of a Year, from the time such Lands should be taken in: The King among other things Answers, That he will not grant away such Lands till he is informed of their Value. * Rot. Par. 7. &. 8. H. IV. No. 15. Item, Le dit Mr. John Pria pur les dits Communes, qe les Chatelx Seignouries, Terres & Tenements, en la Terre de Gales, qe desore, per la Grace de Dieu, seront conqis, ou gaignez, sur les dits Rebealx, ne soient donnes a vully per le espace dun qarter dun Apres ceo qils seront ensi conqis ou gains. A qoy le Roy respendi, qil se veilloit abstenir deascun tiel don fair a vully tanqe all temps qe il feroit enformez de la value dycelles: Et si ascun ●ie● don deslors se feroit, qil le vorroit fair as tielx People qe voillent demeurer su● la conqest de la Terre de Gales suisdits. In the same Parliament, the Common● Pray, That certain Foreigners by Name may be Banished the Kingdom, which the King agrees to, and in his Writ to the Sheriffs of London, directs, That such Foreigners should produce such Grants of Land, as they had obtained from Him, the Queen, or from others. * Ibid 29. Ite●, Samedy le 8 jour de May a les souve●● pryers & reqestes des Communes, accords feust per nostre Seignour le Roy, & les Seignours Esprituelx & Temporelx, 〈◊〉 touts les Aliens des qeux les noms 〈◊〉 comprises en une Cedule, laqelle 〈◊〉 liuree all Seneschal del Houstiel du Roy, voidant la Roialme devant un certain jour, compris en le Brief de Proclamation enter fait, come per la tenure dycell● brief, enroulle en la Chancellerie, y purra apparoir. And the King in his Writ to the Sheriffs, Directs among other things, ' Quodque omnes & singuli Alienigenae praedicti, qui aliqua Terras, Tenementa, Annuitates, sive Concessiones quaecunque in Feodo simplici, vel Talliato, sive ad terminum vitae, vel annorum, ex Concessione nostra, sive ex Concessione charissimae Consortis nostrae Reginae Angliae sive aliorum Ligeorum nostrorum per litteras, sive scripta, eye inde fact▪ obtinent, quovismodo, hujusmodi Litteras sive scripta nobis in Cancellaria nostra liberent indilate, ad finem quod visis Litteris & scriptis praedictis, inde fieri jubere valeamus, quod de jure, & secundum legem & consuetudinem Regni nostri Angliae, fore viderimus faciendum. Anno 11. Hen. IU. The Commons Pray, That for ever hereafter no Grant may be made of any Hereditament, or other Profits of the Crown, except Offices and Bailiwicks, till the King shall be quite out of Debt; and unless there be remaining in his Coffers sufficient for the Provision of his family. To which the King agrees, directly, without Reservation, till his Debts be paid, or unless there be sufficient Provision for his Family, and with Reservation for the Queen, His Sons, and for the Duke of York, and the Lord Grey. * Rot. Parl. 11 Hen. IV. Nᵒ. 23. Item, Qe nulles Chastelx Honours Seignouries, Manoirs, Villes, Terres, Tenements, Franchises, Reversions, liberties, Forests, Fees, Advoesons, Eschetes, Forfeitures, Guards, Marriages ou autres Revenues qeconqes, ove lours appurtenances, forpris Offices & Bailies, en temps ensuivants, es Mains nostre dit Seignour le Roy ou a ses Heirs, Rois Dengleterre, a eschiers, ou a venirs, ne soient en nulle manere donez, ne Grantez a ascune People, si ne soit all profit & Oeps nostre dit Seignour le Roy, pur la Sustenance de son Houstiel, Chambre, & Garderobe, tanqe tous ses debts a ses Liege's a present deuce soient pleinement paiez, & deslors' enavant continuell●ment reasonable Substance remaignant e● mains nostre dit Seignour le Roy, & says Heirs, Roys Dengleterre, pur la sustenance & supportation deal Houstiel, Chambre▪ & Garderobe suis ditz, devant ascun doun ou Grant fait al contraire dicelle en descharges de nostre dit Seignour le Roy, & the son royalme, 〈◊〉 temps avenir: Et si ascune maner● de Person, the qel Estate ou Condition 〈◊〉 soit, eit ou resceive en temps a venir, de doun ou de Grante, nostre dit Seignour le Roy, ou de ses Heirs, Roys Dengleterre, ascunes des Revenues dessuis nommez, a contraire de cest Petition, qe le avantdit down ou Grant soient outrement voidez, & come nulles tenus, & le Roy respondu en son Escheqer des Issues en le mesme temps dycelle provenantzes & en temps ensuant a provenir per issint qe le Chancelier Dengleterre, qi pur le temps sera, soit tenus a certifier en l Exchequer nostre dit Seignour le Roy des douns & Grants avaunt dits, a tant de foits come i'll besoigne. Resp. Le Roy voet qe touts les Chastelx, Manoirs, Honours, Seignouries, Villes, Terres, Tenements, Franchises, Reversions, liberties, Forests, Fees, Advoesons, and Eschetes, Forfeitures, Guards, Marriages, ou autres Revenues qeconqes, ove lour Appurtenances, Forpris Offices & Bailies, qi escheiront de ce en avant, es mains nostre Seignour le Roy, ne soient en nul manere donnez ne grantez, a ascune Person, sil ne soit all oeps & profit, nostre dit Seignour le Roy, pur la Sustenance de son Hostiel, Chambre & Garderobe, Et si ascune manere person, the qel Estate ou Condition qil soit, eit ou resceiure dycest 26. Jour de Auril, en temps avenir, ascun tiel down ou Grant, au contraire de cest ordinance, qe le avant dit down & Grant soient outrement voidez, & tenus pur nul, forpris que Recompensation soit fait au Reign, solonc la tenure de ses Lettres Patents, Et forpris les Fitz de Roy, Et auxint forpris qe recompensation soit fait a Duc d Everwick & a Seignour de Grey solonc la Fourme de lour letters patents. There was no full and direct Resumption during the Reign of Henry the V * Rot. Par. 1 Hen. V No. 40. except of Lands given away in the Marches of Calais; by which it appears, that the Care taken in the former Parliaments, had somewhat fenced the King's Revenues, against the Rapine of the Favourites and Great Men▪ But tho' there was no Resumption, yet i● was Enacted 1 H. 5th That the King should have 10,000 l. per Ann. out of th● Annuities and Pensions formerly granted, which was no inconsiderable Sum i● those days, since the whole Revenue o● the * Cot. 〈◊〉 p. 156. Crown when he undertook the Conquest of France amounted to but L. 56, 96● per Annum. * Rot. Parl. 1 Hen. V Nᵒ. 12. Item accordez est, & assentuz per ● Roy & les Seignours, a la reqest d● Communes en Parliament, qe sur les Pai●ments afaires de les Annuitees, Grant● as diverses Persons, per les lettres Pa●e●tes des Roys, mesme nostre Seignour 〈◊〉 Roy, pur Sustenance & Supportation d● son honourable Estate, & de les Grandes Charges, Costages, & despenses d● son Houstiel, Chambre, & Garderobe▪ soit preferez de dix milles liures annuellement, & yeelle preferement accompli●▪ soient les People dessuisdits paiez d● lour dites Annuitees, solonc les Form & effect the lour letters patents a eux en● faits. Purveus toutes fois qe les Seignours & autres Persones qont lours Annuitees enheritab●ement, soient paiez demesme lour Annuitees solonc la form & effect de lour Chartre, & Lettreses Patents, enter faits, non obstant le preferement avant dit. Anno 28 Hen. 6. * Rot. Parl. 28 Hen. VI Nᵒ 53. Prayen the Commons in this your present Parliament Assembled, to consider that where your chancellor of your Reaume of Englond▪ your treasurer of england, and many of the Lords of your counsel, by your high Commandment to your said Commons, atte your Parliament holden last at Westminster, showed and declared the State of this your Reaume, which was, that ye were indebted in CCCLXXII. M. li. which is great and grievous, and that your Livelode in yearly value was but V M. li. And for as much as this V M. li. to your high and notable Estate▪ to be kept, and to pay your said debts wool naught suffice, Therefore that your high Estate might be releved. And furthermore it was declared, that your Expenses Necessaries to your Household, withouten all other ordinary Charges, came to 24000 li. yearly, the which exceedeth every Year in expenses necessary over your Livelode 19000 li. Also please it your Highness to consider, that the Commons of your said Reaume, been as well willed to their poor power, to releving of your Highness, as ever were people to any King of your progenitors, that ever reigned in your said Reaume of Englond, but your said Commons been so empoverished, what by taking of victual to your Household, and other things in 〈◊〉 said Reaume, and naught paid fore, And the Quinszisme by your said Commons, afore this time so often granted, and by the Grant of Tonnage and Poundage, and by the Grant of the Subsidy upon the wols, and other Grants to your Highness, And 〈◊〉 lack of Execution of Justice, that your poor Commons been full night destroyed, And if it should continue longer in such great Charge, it▪ cowde naught▪ in oney wise be hade or borne. Wherefore please it your Highness, the premises graciously to consider; And that ye, by the advyce of your Lord's Spirituels and Temporels & by authority of this your present Parliament, for the Conservation of your high Estate, and in comfort and ease of your poor Commons, would take, resume, seize and retain in hands and possession, all Honours, Castles, Lordships, Towns, Towneshippss, Manors, Londs, Tenementes, Wastes, Rents, Reversions, Fees, Feefermes, and Services, with all their Appurtenances, in Englonde, Wales, and in the Marches thereof, Irlonde, Guysnes, Caleys and inthe Marches thereof, the which ye hafe granted by your Lettreses patents, or otherwise, sith the first day of your Reign, and all Honours, Castles, Lordships, Towns, Towneshippss, Manors, Londs, Tenements, Wastes, Rents, Reversions, Fees, Feefermes, and Services, with all their Appurtenances, the which were of the Duchy of Lancastre, and passed from you by your Grant or Grauntes; And ye to have, hold and receive, all the Premises, in and of like Estate, os ye had them at the time of such Grants made by you of them. And that all Lettreses Patents, or Grants by you, or by oney other Person or People at your request, or desire, made to oney Person or People, of the Premises, or of oney of them, in that, that to oney of the Premises, be be void and of no force. And over that, that all manner of Grants of Rents, Charges, or Annuitees, made by you of Estate of Inheritance, for term of Lyffe, or term of Years, to oney Person or People, to be taken of oney of these Premises, or of your Custumes or Subsidies, or Awnage, or of your Hamper, or at, or in your Receipts, or in otherwise, or in oney other Place, or oney of them, or of the Profits coming of them, or oney of them, within this your Reaume, Irlonde, Wales, Guysues, Caleys and the Marches of the same, be void and of noon effect. And that all manner of Grants, made by you, to oney Person, or People, of Estate of Inheritance, term of Lyffe, or term of Years, of oney Herbage, or Pannage, Fishing, Pasture, or Comyne of Pasture, your Warein, Wooed, Wine, Clothing, Furs to noon Office longing, nor pertaining, the said first Day of your Reign, nor afore, naught yielding to you the verray value thereof, be void and of noon effect. And over that, like it your Highness, to take, resume and seize, and retain into your hands, and Possessions, all manner Lettres patents, Privileges, Franchises, Hundreds, Wapentakes, Letes, Rapes, View of Franchises, Fynes, Amerciaments, Issues and Profits of the same, by you granted, sith the first Day of your Reign to oney Person or People, or Abbot, Prior, Deane, Chapitre, Maistre or warden of College, fraternity, Craft or Gild. And all manner of such Grants, to be void and of noon effect. And furthermore; All Grants made by you, to oney Person, or People, of oney Offices, the which were noon Offices the first Day of your Reign, nor afore, be void and of noon effect. And that all manner of Grants, made by you, to oney Person, or People, geaving them Power to make or ordain oney Office, or Offices, of whom the making and ordinance, the said first Day of your Reign, or oney time sith, longed to you or them, were noon such Office, nor afore that, then such Grant as in making or ordinance of such Offices be of noon effect. And over that, That all Grants and Relesses' made by you sith the first Day of your Reign, to oney Abbot, Prior, Covent, or to oney other Person or People, for discharge or quytclayme of oney Corrodies, or Corodie, Pensione or Pensiones, dismez spirituells, or Quinszismes, or dimes temporells, Rents, or Services, or oney other charge, be void and of noon effect. And that no Person nor People having Estate in Offices, Fee simple or Fee taille, of your Grant, or oney having theyre Estate, have other Estate in the said Offices, but term of their lyffes, that now hafe the said Offices with Fees and Wages, to the said Offices, of old time accustomed oonly, and noon otherwise. And that all manner of Grants by you made, or to be made to oney Person or People of the Premises, or of oney parcelle, during this your present Parliament, be void and of noon effect. And that no Person or People, that had oney thing of the premises afore the time of the said Resumption, be naught chargeable by way of Account, or otherwise for the same against you, your Heirs and Successors, except thoo that by your Grants afore the said Resumption were accountable. This is the forepart of the Act, Word for word, to which the House of Commons thought fit to add Save to several Persons, of which we shall give an Abstract. First there is Saving to the Queen, for her Dower. [2] For the Colleges of our Lady of Eton, and our Lady and St. Nicholas of Cambridge. [3] For Lands granted in the Duchy of Lancaster to Persons to the intent to perform the King's Will. [4] For Priories Alien then in the Possession of Hospitals, or Religious Houses. [5] For the Creation Money, paid to the Peers, but this Saving is with Restrictions. [6] For those who had made Surrenders to the King, and taken other Lands in Exchange so as the last Grant exceed not the first in value or term. [7] A Saving for Lands bought of the King by Henry Cardinal of England and given to St. Crosses, with a general Saving for the Interest and Claim of private Persons to the Lands intended to be Resumed. [8] A Saving for those who had Grants in former Reigns, out of which they were Lawfully Evicted, and in Consideration of which they had Grants from the present King. [9] A Saving for those who had exchanged Lands with the King, so as the Lands exchanged were not also of his own Gift, and so as what exceeded in Value should be resumed. [10] A Saving for what paid Rend according to the true value at the time of the Grant. [11] A Saving for where the King was Feoffee in trust, so as it was not in Lands of his own Gift. [12] A Saving for the Lord Chancellor, Treasurer, Privy Seal, Justices, Barons of the Exchequer, Sergeants at Law, Attorney and Officers in the King's Courts of Record, for accustomed Wages, Rewards or Clothing, [13] A Saving for Grants made of their own Lands to Persons born beyond the Seas, and of English Parentage. [14] A Saving for All-Souls-College. [15] A Saving for Cities and Burroughs, who by the King's Charter were to be exempt from the Jurisdiction of the Lord High Admiral or Warden of the Cinque Ports. [16] A Saving for Bodies Corporate, etc. who by Charter had Privilege granted of Murage. These were all the Reservations, the House of Commons thought necessary in this Act. Then follows. And that it like your most High and abundant Grace, tenderly to consider these Premises, and thereupon by your high and great Wisdom, and by the advise of the Lords Spirituels and Temporels, in this your present Parliament Assembled to ordain, provide, and establish sufficiaunt Possessions, of the Premises so resumed for the contenting and Payment of the Expenses, and Charges of your Household, and all your other ordinary Charges: And to Apply and Appoint the Possessions, Profits, Revenues, and Commodities of your Town of Caleys, and of Guisues and of the Marches there, holy to be taken and received by your treasurer of Caleys for the time bey, he to apply them to the Payments of the soldiers there, and the repair of the Gets and other necessary reparations there behowfull; And the said treasurer thereof to you in your Exchequer duly to account; And all the Possessions aforesaid so severally provided for to abide and endure to you your Heirs and Successors in perpetuity, to the same end and effect, and noon other, with such peines and Punishments to be set thereupon, by your wise discretions, that noon of your Liege's in time to come attempt the contrary thereof, or accept any parcel of hem, so ordained, for the said Provisions; so that the said ordinance so made be sent and declared to us your said Beseechers, during this your said Parliament, to the end and effect we to yeve thereto our assent, so that it can be thought to us for your Honour, profit and welfare of us, all so to do, that it be authorised in this your high and Royal Court of Parliament, and by authority of the same. Resp. The King by the advise and assent of the Lords Spirituelx and Temporelx in this present Parliament assembled. and by the Authority of the same, agreeth to this Petition and Resumption, and the same accepteth and establisheth, Alweys forseyn that all exceptions moderations forprises and provisions by him granted ordained and admitted, and put in Writing in this same Parliament, upon the premises, be and stand good and availlable in Law, after the Form and effect of the continue of the same exceptions Moderations and Provisions; And that all Lettreses patents of the King made to oney Person or People named in oney of the same Exceptions moderations forprises and provisions, be good and effectuel after the Form and continue of the same Lettreses patents, by whatsomever name oney such person or people be named in oney such Lettreses patents, the said Act and Petition of Resumption or oney thing contained therein notwithstanding. Provided always that it extend not to oney Possessions or other thing made or granted by the King to oney person or people in Caleis or in the Marches thereof or in the Lond of ireland. These that followen been the Exceptions Moderations forprises and provisions by the King granted ordained and admitted, and in this same Parliament upon the Premises put in writing. First Saving for Merton-College. [2] For Leon Lord Wells, inasmuch as he had a Pension justly due to him. [3] For the Dower of the Duchess of Warr. [4] For Lands exchanged with John Fray. [5] For the College of Leicester. [6] For the Expenses granted by Patent to Richard Duke of York in the Lieutenancy of Ireland. [7] For Restitutions of Temporalities, etc. to Arch-Bishops, Bishops, etc. [8] For the Priory of Henton. [9] For John Stourton, Treasurer of the Household for 5000 l. to be expended in his Office. [10] For the Prior of Saint John's for 15 s. per Annum. [11] For the Friars of Kings Melcombe, upon a valuable Consideration. [12] For Lands taken in Farm of the King, and improved. [13] For Jervais le Unlre's Pension of 24 l. per Annum, as the King's French Secretary. [14] For Lands given to the Abbot and Church of Westminster, out of which they were to distribute Alms. [15] For the Duke of Somerset's Lands bought of the King, for valuable Considerations by Henry Cardinal, and sold by the Cardinal to the Duke. [16] For the Chief Justice. [17] For Oriel-College. [18] For All-Souls College. [19] For the Abbot and Covent of Selby their Release of Dimes. [20] For Thomas darling, Sergeant of Arms, his Clothing and accustomed Wages. [21] For John Waterford the same. [22] For John Bury's Pension of 12 p. per diem, etc. [23] For the Priory of Brydlyngton, Endowed by the King in especial Devotion. [24] For a small parcel of Land given to the Charter House of Sheen, Founded by the King his Father. [25] For Lands only restored to the College of Knollesmes-House in Pontfract. [26] For John Earl of Shrewsbury, as to 100 l. Annual Pension for Life and Lands in Waterford, till then yielding nothing, being in the Hands of Rebels, the said Earl having had no other Recompense for his long Services. [27] For the Lord Scales Pension of 100 l. per Annum for his long Services in France, and Duchy of Normandy. [28] For William Stone's Pension of 26 l. 13 s. 4. granted him last Parliament, at the Request of both Houses, for great Services as well to the King, as to his Father. [29] For Richard Welsden's Pension of 10 l. 6 s. per Annum for Life, out of the Fee-farm Rend of New-bigging, which Fee-farm had been usually distributed among the King's Servants from King Edward iii time. [30] For the City of Canterbury's Charter, in relation to their Officers only. [31] For Charters of Denization. [32] For Sir John Astley's Pension of 100 Marks, for Life. [33] For Houses granted to the Dean and Church of St. Steven Westminster. [34] For Will. Rouse, one of the Clerks of the Crown, as to his Patent for his Office, and as to 20 l. per Annum out of the Hamper for Execution of his said Office. [35] For the Collegiate Church of Leicester as to their Tun of Wine. [36] For Will. Crawen and others their Patent who were erected into a Fraternity. [37] For the Heirs of the Lord Bardolph on account of Lands restored to them by good advice. [38] For the Viscount's, Beaumont and Bougchier both as to the Patents for their Honours and Creation-Money. [39] For the Dean and Chapter of Lichfield, concerning their Patent for certain Liberties and Priveleges. [40] The same for the Town of Estratford. [41] The same for the City of York. [42] For the Abbot of Byland, about a small Fee-farm Rent. [43] For John Viscount Beaumont, Ralph Lord Cromwell, and others, in relation to Lands granted to them, the Value not expressed in the Proviso. [44] The same for John Fanceby, value not expressed. [45] The same for John Hampton, but 40 l. per Annum resumed from him. [46] For Ralph Bapthorp, Esquire of the Body, for Lands given, or sold to him. [47] The same for John Norreis, only there is resumed from him 50 Marks per Annum Pension and 6 l. 13 s. out of Merston Messey. [48] For Phil. Wentworth Esquire of the Body. [49] The same for Thomas Danyel, but the Manuor of Gedyngton of 26 l. 6 s. Yearly Value is resumed from him [50] The same for Will. Tresham only 20 per Anuum is resumed from him. [51] The same for Thomas Myner, and others the King's menial Servants, only 20 out of 40 l. per Annum is resumed from Jenk yne Stanley. [52] For the Earl of Arundel, for Lands granted to him, the value not expressed. [53] The same for Richard Earl of Warwick. [54] For Richard Earl of Salisbury, but a Fee-farm taken from him of 24 l. per Ann. and some certain Privileges very extraordinary are taken from him, and others in Richmondshire reserved to him. [55] A Saving for the Lord Dudley, as to some patents, but other things are resumed. [56] For certain Privileges granted to Sir John Boteller. [57] For Sir Thomas Haryngton on account of Lands granted to him for good Services, specified in the Proviso. [58] For Sir Richard Wyddewil, Lord Rivers, and others, on account of Lands granted or confirmed to them. [59] For Sir John Talbot, and others, on account of 20 l. per Annum Pension to be paid to them, or the survivor of them. [60] For the Lord Clifford for Lands granted to him. [61] The s●me for Henry Everingham, so as his Grant exceed not the value of 12 Marks per Annum. [62] For Rich. Hakedy, the King's Apothecary, as to 40 Marks Yearly granted for his Life. [63] For Robert Fenys and Thomas Bermingham for Grants made to them, but form Robert there is resumed 20 l. Feefarm Rent. [64] For Rob. Manfeld and his Son for Lands Granted or Confirmed. [65] The same for Will. Say and Thomas Shargyl the King's Servants. [66] The same for Gilbert Par, but 9 l. per Annum Feefarm Rend resumed [67] The same to John Trevilian as to some small Grants expressed. [68] The same for Henry Langton the King's Servant. [69] The same for John Say, as to a Grant for his and his Wife's lives, but L. 9-2-6. Fee-farm Rend resumed. [70] The same for John Blackney the King's Servant. [71] The same to Rob. Fowls Hyrst the King's Servant so as it exceed not 10 Marks per Ann. [72] The same as to a Grant for life of 20 l. per. Ann. [73] The same for John Down the King's Servant as to two small Grants. [74] The same to Griffith ap Nicholas as to a Grant of 15 l. per Ann. [75] The same for Henry Manners one of the King's Servants. [76] The same for John Chyval and others the King's Servants, but three Pipes of Wine, and 10 l. per Annum Feefarm Rent are here resumed. [77] The same for Will. Elton and others the King's Servants as to some Leases or Confirmations. [78] The same for John Sutton King's Servant. [79] the same for Robert Wyllyn King's Servant. [80] The same for John Woodhouse King's Servant. [81] The same for Henry Rosyngton, and others the King's Servants. [82] The same for John Slyfirst, and several others the King's Servants, as to their Salaries, which were reduced to 10 l. per Annum. [83] The same to Thomas Carr the King's Servant. [84] The same to Andrew Low King's Servant. [85] The same for Thomas Schapp King's Servant, as to 6 d. per diem Salary. [86] The same for William Langton, and others of the King's minstrel, as to their Salaries of 6 l. 13 s. 4 d. per Annum. [87] The same for Will. Clarence King's Servant. [88] The same for Bryan Wager, King's Servant. [89] The same for Sir Richard Roos and others, but in this Proviso several Resumptions are made [90] The same for Thomas Mongomery Esquire, so as what he enjoys of the King's Gift exceed not 23 l. per Annum. [91] The same for Thomas Calbras King's Servant, as to his Salary of 12 p. per diem. [92] The same for James Hornby and Tho. Osborn Kings Servants as to their Offices, Wages and Clothing. [93] The same as to Tho. Bradfeld, but here 8 Marks per Ann. Fee Farm Rent is resumed. [94] The same for Rowland Lenthal as to Lands bought of or exchanged with the Crown. [95] The same for Rich. Wedning as to the Reversion of an Office. [96] The same for Christop. Whittacre as to an Office and salary of 4 Pence per diem. [97] The same for William John as to a Grant made upon a Surrender. [98] The same to John Brely as to his Office. [99] The same for Thomas Lord Egremont as to 45 l. per ann. to him and his Heirs for Sustentation of the Honor. [100] The same for Wotkyn Bedell King's Servant as to a Feefarm Rend out of Mills in Herefordshire. [101] The same for Sr. Rich. Molyneux and his Son as to their Offices and Salaries and as to some Leases they had from the Crown. [102] A Saving to the Town of Kingston upon Hull as to some Franchises granted to them. [103] For Ralph Leigh and others King's Servants so as the Grant made to them all exceed not 20 l. per ann. [104] For Sr. John Langton and his Son as to some Leases. [105] A Saving to the Prior and Convent of York as to some Pardons and Releases made to them. [106] A Saving for Sr. Edmond Hungerford. [107] Another Saving for Sr. Edmond Hungerford and Phil. Courtney as to some Manors they held by Lease and for which they paid Rend. [108] For John Hunt and others, Clerks of the Chapel as to some Grants so as no Grant made to any of them exceed 20 Marks per ann. [109] For John Watts and others King's Servants as to some small Pensions for Life. [110] A Saving to John Merston and others the King's Servants but with Exceptions. [111] For John Wesenham King's Servant. [112] A Saving to John Holt for some Lands (as it seems) rather restored than granted. [113] For Thomas Frank. [114] For John Arnold and others as to some Tenements they held in Trust for Religious Uses. [115] For John Rypon King's Servant. [116] For John Browne and Thomas Catesby as to some Eschetes and Grants of small value which is expressed in the Proviso. [117] A Saving for John Baker and Rich. Wardale King's Servants. [118] A Saving to the Lord Hungerford for the Manor of Hungerford out of which there was a reserved Rent, and in the same Proviso there is a Saving for Sr. Rich. Hungerford Ld. Molins as to a small Grant. [119] A Saving to the Earl of Northumberland. [120] A Saving to Tho. Kent as to 100 Marks per ann. in Consideration that the said Kent had been at great Expenses in repairing the Port of Southampton, and that by this Resumption he was to lose several Grants expressed in the Proviso. [121] A Saving for John Green Esq who had certain Privileges and Free Chase granted him by Letters Patents in his own Woods. [122] For the Monks of Sempyngham as to a Pardon or Release of Disms. [123] For Will. Bulkley King's Servant as to his Salary of 12 Pence per diem who had no other reward for his long Services. [124] A Saving for John Kingly and Rob. Whitgrene as to some small Grants. [125] For William Boerly. [126] For Jenkin Stanley and his Son as to some Grants and for the Vitlership of a Castle. [127] A Saving for the Lord Vessey. [128] For John Welbeck King's Servant as to his Salary of 12 Pence per diem. [129] A Saving to the Town of Notyngham for certain Franchises provided they increase their present Feefarm Rent 13 s. 4 d. above what they already paid. [130] For John Turges the Queens Harper as to 10 Mark per ann. for Life which he was to have after the death of another. [131] For Will. Beaufitz, but here is a Resumption of 15 l. per ann. Feefarm Rent. [132] For John Peycock as to 6 Pence per diem. [133] A Saving for Sr. Tho. Fulthorp Justice of the Common Bench value not expressed. [134] For Gilbert Haltoft Secondary Baron of the Exchequer as to 20 Mark per ann. for his Life. [135] For the Lord Chief Baron as to 40 l. per ann. Robe Vesture and Furrure. [136] For John Fowardly as to 20 l. per ann. for life, and John Poutrel as to 20 Mark per ann. for life. [137] For John Sleg and his Wife as to 4 l. 6 s. per ann. for life [138] For John Prude King's Glazier as to 12 Pence per diem for life. [139] A Saving for Colchester and Ipswich as to Franchises and Liberties. [140] For the Town of Rye as to a Grant made to them. [141] For the Town of Shrewsbury as to Franchises and Liberties. [142] For the Town of Bridgenorth the same. [143] A Saving to John late Duke of Somerset as to a Feefarm Rend of 15 l. per ann. [144] For Nich. Semtlo as to Grants so they exceed not 20 l. per ann. [145] For Giles Thorndon Esq as to a Grant of 7 l. per ann. for life which he had out of Lands in Ireland. [146] For Will. Catesby King's Servant as to 10 l. per ann. for life. [147] For John Parks King's Servant. [148] For John Martin King's Servant as to 6 d. per diem. for his life. [149] For George Danyel as to Grants so they exceed not 20 Mark per annum. [150] For John Hoghton and other Servants at Arms, as to their patents, 'tis to be supposed for their Employments. [151] For Rob. Wood Clerk as to a Reversion of a Feefarm Rend of 10 l. per ann. [152] A Saving for King's Hall in Cambridg as to a piece of waste ground and Conduit granted. [153] For Tho. Smith as to his Office and Salary of 4 Pence per diem. [154] For Will. Burton Queen's Servant as to 100 Shill. per ann. for his life. [155] For Thomas Derling and John Moor Sergeant at Arms as to their Fees. [156] A full Saving for the Colleges founded by the King in Cambridg and at Eton. [157] This Saving relates to the same Colleges. [158] For Will. Bradford and Thomas Kendal Kings Officers as to their Fees. [159] For Tho. Merton as to 100 Shillings per ann. [160] For the Duchess of Somerset as to part of her Dower. [161] For John Pulloo as to his Office and Fee. [162] For Coney ap Rice the same. [163] For the Lady Roos Widow as to 60 l. per ann. for life. [164] Provided also that noon exception made by us upon the Resumption in this present Parliament of any Possessions extend to oney Londs, Tenements, Fees, Offices Fermes or any other thing in Caleys or in the Marches thereof. [165] A Saving for Robert Tanfeld as to 20 Mark per Annum for his life out of the Hamper. [166] For John Somerset, Gentleman. [167] For Sir Edmond Hampden, Queen's Carver, as to some Herbage in a Park, which did not exceed 50 Shillings per Annum, and as to an Annuity of 20 l. per Annum. [168] For Tho. Parker, Esq as to his Grants not exceeding 24 l. per Ann. for Life. [169] For Tho. Pope. [170] For Tho. Bird, Sergeant at Arms, as to his Wages and Clothing. [171] For John Daindesey, King's Servant. [172] For John Skelton as to Two Annuities, one of 20 l. another of 10 Mark for his Life. [173] For John Faceby, Sergeant at Arms, as to his Office and Salary. [174] A Saving to the Town of Beaumaris, as to 20 l. per Ann. granted for its Walling. [175] For Walter Bright, Sergeant at Arms, as to his Office, Clothing and Wages. [176] For Johanna Astley, the King's Nurse, as to Two Annuities for her Life, amounting in the Whole to 50 l. per Ann. [177] A Saving to the City of Chester, as to a Release granted to 'em for 50 Years of 50 l. per Ann. part of their Fee-farm Rent. [178] For Sir John Fortescue, [179] To Thomas Brown, as to 12 l. per Ann. for his Life. [180] For Henry Abyndon, Clerk of Eton College, as to 8 l. per Ann. [181] For Henry Vavousor, for some Grants which are expressed. [182] For Tho. Derwent, Sergeant at Arms, as to his Office and Fee of 12 d. per Diem. [183] A particular, and then a general Saving for King's- Hall in Cambridge. [184] A Saving for the Abbot and Covent of St. Alban, as to Franchises and Liberties. [185] For Tho. Thorp, as to his Grants, but 10 l. per Ann. Fee-farm Rend the King resumes. The Reader may observe from this Record, 1st. That the Crown was become indebted to the Subjects, in the Sum of 372000 l. 2dly, That the Crown-Revenue, which in the Reign of Henry the Fifth, was 56966 l. became reduced to 5000 l. per Annum, so much had the Crown been robbed and pillaged during the Minority of this Religious, but weak and unfortunate Prince. 3dly, That the House of Commons thought it reasonable to relieve the King's Necessities out of his own, and by an Act of Resumption, rather than to charge the People with new Duties and Impositions. 4thly, That the House of Commons thought it reasonable to make the Act so general, that they inserted only Sixteen Reservations or Saving for others, so much did they consult the Public more than any private Interest. 5thly, That the Commons desire the King to appropriate to the Expense of his Household the Lands so resumed. 6thly, That the King when he gave the Royal Assent to this Act, reserved to himself the Power of putting in Writing, while the Parliament sat, certain Moderations and Restrictions to the said Act, and the King in the said Assent, excepts all Grants made as to Calais and Ireland. The Writer of these Papers thought his Labour would not be unprofitably spent, to give an Abstract of the Restrictions and Moderations, which the King's Council believed at that time necessary in an Act, which was to be so very general and extensive. In these Save, which are in Number 185, the Reader has before his Eyes a perfect Image of the Gravity, Care, Exactness and Frugality of that Age. Most of the said Save relate to Patents for Employments, or for Lands rather restored than granted, or for some Liberties and Franchises, or for Lands given to Religious Uses, all which were affected by the Act. In some of the Provisoes, the Value of the Grant is mentioned, and in others omitted; but the general Exactness, which runs through the Whole, is a Mark, that where the Value is not expressed, 'twas notoriously inconsiderable. In many of the Save there is something left and something taken away. The Reader may likewise note, That most of the Grants of that Age were only for Life. Note.] In this Writing of Restrictions the King recedes from the Exception he made, as to Calais, when he gave the Royal Assent. [As in Saving 164.] Note.] That the Great Earl of Shrewsbury, who had done so many Heroic Actions, and had so valiantly fought for the Honour of his Country, had but 100 l. per Annum Pension for his Life, and some Lands in Ireland, then of no value, the said Earl having had no other Recompense for his long Services, which Moderation of his is a Reproach to the Avarice of the present Times, [vide Saving 26.] Anno 29. Hen. 6. There was another Resumption made. The Preamble agrees almost Word for Word with the forementioned Act; but the Acts differ when we come to the following Paragraph. Rot. Parl. 29 H. 6. Nᵒ 17. And that all Lettreses patents by you made, in, or of any of the Promises, to any person or People, of the which any Recoverer hath been had ayents the said Patentees, or any other, by Covin or Collusion, that as well the Recoverer thereof, as the Letters Patentes, be void and of noon effect; And over that like it your Highness to take, resume, seize and reteign in your said Hands and Possession all Manner of Libertees, Privileges, Franchises, hundreds, Wapentakes, Letes, Rapes, view of Frank pledge, Sheref Towrnes, Sheref Gilds, Amerciaments,▪ Issues and Profits of the same, by you granted sith the first Day of your Reign, to oney Person or People, Abbot, Prior, Deane, Chapetre, Maistre, warden of Collage, fraternity, Craft, or Gild, and all Manner such Grants, to be void and of noon Effect. Except such liberties, Privileges, Franchises, hundreds, Wapentakes, Letes, Rapes, view of Frank pledge, Sheref Towrnes, Sheref Gilds, Fyves, Amerciaments, Issues and Profits of the same, and all other liberties, Privileges, Franchises and Immunities, as ye have granted to the Provostes and scholars of your Collages Royal, of our Lady and saint Nicholas of Cambrigge, nor to your Provoste and Collage Royal of our Lady of Eton, and to their Successors. And forasmuch as it is thought to us your humble and liege People of this your noble royalme, comen to this your high Court of Parliament, by your Authority Royal, that certain and divers liberties, Privileges, Freedoms, franchises and Immunitees, by you to the Provostes, scholars, and to the Provoste and Collage and their Successors of your Collages of Eton and Cambrigge granted, been to your Highness' prejudicial and over chargeful and nyous unto your People of this your Roialm. Please it therefore your most High and Royal Mageste to ordain and appoint by your high wisdom and Discetion, that all Grants, and Acts of such liberties, Privileges, Freedoms, Franchises and Immunitees, as been to you prejudicial and overchargefull and nyous unto your People of this your royalme be void and of noon Effect. Whereof we your true Comyns in the most lowly wise that we can think, biseche your moost abundant Grace, to have Knowlech during this your said Court of Parliament for our special Relief and Comfort: And over that, all the Grants or Releases made by you sith the first Day of your Reign to oney Abbot, Prior, Covent, or oney other Person or People of discharge or quiet Claim of oney Corrodie or Corrodies, Pension or Pensiones, Dimes Spirituels or Quinszismes or Dimes Temporels or of Discharge or quiet Claim of oney Rents of Fee or Services of Fee be void and of noon Effect, this Act and Petition of Resumption to begin and take Effect the first Day of your Parliament holden at Westminster the 28th Year of your Reign, that all Manner of Grants by you made or to be made of oney of the said Honours, Castles, Lordships, Towns, Townshipps, Manors, lands, Tenements, Wastes, Rents, Reversions, Fees, Fee-farmes, and Services with all their Appurtenanee or oney Discharge or quiet Claim as is above rehearsed from the 1st Day of the Parliament holden at Westminster the 28th Year of your Reign unto the last Day of this your present Parliament be void and of noon Effect. And if oney Person or People at oney Time after the first Day of this your Parliament accept or purchase your Lettreses patents of oney of the said Honours, Castles, Lordships, Towns, Townshippes, Manors, lands, Tenementes, Wastes, Rents, Reversions, Fees, Feefermes and Services with all their Appurtenances, or oney Discharge or quiet Claim as is above rehearsed of oney of the Premises or oney other Possessions of Fee or of Free-holds that should grow to you in Time coming by way of Forfeiture or otherwise. But if it be so that thoose Letters patents pass by advise and Assent of your Chancellor and your treasurer of Englonde Prive Seal and Six Lords of your great Counseil for the Time being and that they and itch of them subscribe in such Lettreses patents theyre Names. And that the said Letters patents so subscribed be enrolld in your Chancellerie of Record. And if oney Person or People accept or purchase your Letters patents of oney of the Premises otherwise, forfette unto you our Sovereign Lord all his Londs and Tenementes, that he or oney Person or People have to his Use atte the Time of such Letters Patents made, or oney Time after shall have in Fee simple holden of you, immediately to you. And all other lands and Tenements that they so shall holden of other People, to them that they shall hold of immediately, and the same Letters patents to be void and of noon Effect. And that no Person or People that had oney thing of the Premises afore the Time of the said Resumption be not chargeable by way of Account or otherwise for the same a yents you your Heirs and Successors, except thoo that by your Grants afore the said Resumption were accountable. And that by authority of this Parliament every of your Liege Men, that hath yeven or granted oney Londes, Tenementes, Rents, Advowsons', or other Possessions to you, or to oney other by your Desire, for oney other lands, Tenements, Rents, Advowsons', or other Possessions by you granted, or by oney other by your desire, sith the first Day of your Reign, that they shall be now alyve, and theyre Heirs and the Successors of them that been deed, may entre, have and enjoy all such lands, Tenementes, Rents, Advowsons', and other Possessions so yeven and granted in like wise and form, as theyre Ancestors, or Predecessoures' had them afore such Grant or Estate made of them. And that Averment in this Case may be had, admitted and received by this said authority, for every Party that so shall entre into, have or enjoy oney of the Premises by theyre surmise, that the said lands, Tenementes, Rents, Advowsons', or other Possessions that they shall so entre in, have or enjoy, were yeven or granted for other lands, Tenementes, Rents, Advowsons', or other Possessions that they granted to you, or oney other at your Desire. Notwithstanding, that in no Letters patents by you made, nor in such Gifts made to you, or by any other by your desire mention be made thereof. So that such lands, Tenementes, Rents, Advowsons', or other Possessions were not rightfully in your Possession in Fee afore such gifts or Grants, as it is above rehearsed, saving to every Person theyre Right, Title and Interest in any of the Premises other than they theyre Ancestors or Predecessors had, by Force of your Letters patents, so that thereof hath been had no Recoverer by Covyne and Collusion. The House of Commons judged it reasonable to make some Exceptions, or Proviso of Save to certain Interests; they are in Number Thirteen, and much of the same kind as the Save in the Act that passed the Year before. Then follows. And for as much as it is plainly and universally conceyved throughout all this your royalme, that the good speed of this Act of Resumption is to you full, honourable, necessary and behooveful, and to all your liege People comfortable and great relief of their Povertee, the which they been in for many unportable Charges laid upon them afore this time, for that the said Resumption afore this time hath not be effectually had. We your true, humble Obeisant and faithful liege People, common for the comen of this your noble royalme, to this your high Court of Parliament, by your authority Royal, in the most lowly wise to us possible, beseechen your most Noblaye, graciously and tenderly to consider the great Benefits that should grow unto you, and to this your royalme, by the Mean of this Resumption. That it please therefore your moost habundat Grace, that the said Resumption may take good and effectual Conclusion, whereof we your said humble liege People, undre the Favour of your high and most noble Grace, may have knowlech during this said Parliament, for your singular We'll and special Comfort and Consolation of us, and all thoo that we come fore. Resp. As for answer of the Petition and request of Resumption made to the King by the Commons of this his present Parliament assembled, His Highness wol that they know, That by th'advice and assent of the Lords spiritual and temporal, being in the same Parliament, and by the th'authority of the same Parliament His Excellence is agreed to resume and resumyth into his Hands and Possession all Honor's, Castles, Lordships, Towns, Townshipps, Manners, lands, Tenementes, Wastes, Rents, Reversions, Fees, Feefermes and Services, with all theyre Appurtenances in the which he had Estate in Fee, in England, Wales, and in the Marches thereof, ireland, Guysnes, Calais, and in the Marches thereof, the which his Highness hath granted by his Lettreses, patents, or otherwise sith the first Day of his Reign. And all the Honor's, Castles, Lordships, Towns, Towneshippss, Manners, lands, Tenements, Wastes, Rents, Reversions, Fees, Fee-ferms, and Services, with all their Appurtenances, the which were of the Duchy of Lancastre, and passed from his Highness by his Grant or Grants. And he to have all the Premises in and of like Estate as his Excellence had them at the time of such Grants made by him of them. And that all Lettreses patents, or Grants by his Highness, or by any other Person or People at his request or desire made to any person or persons of the premises, or of any of them in that, that is of any of the premises be void and of no force. And over that, that all manere of Grants of Rents, Charges or Annuities made by the Kyng's Highness of Estate of Inheritance, or for Term of Life or Term of Yeris, or at the Will to any person or persons to be taken of any of these Premises, or of any other of his Possessions, or of his Custumes or Subsidies, or Awnage, or of his Hamper, or at, or in his receit, or in otherwise, or in any other place, or in any of them, or of the profits, coming of them, or any of them within this his royalme, ireland, Wales, Guysnes, Caleys, and Marches of the same be void and of non éffecte. And that all Manner of Grants made by His Highness to any Person or People of Estate of Inheritance term of Life or term of Yeris or at his Will of any Herbage or Pannage, Fishing, Pasture or Comyn of Pasture, Wareyn, Wooed, Wine, Clothing, Furs to non Office longing nor pertaining the said first Day of his Reign nor afore not yielding to his Highness the verray Value thereof nor doing any Charge to His Highness thereof to the Value thereof be void and of non Effect▪ And that all Lettreses patents by His Highness made, in, or of any of the Premises to any Person of the which any Recovere hath been had against the said patents or any other by Covyne or Collusion that as well the Recoverer thereof as the Letters patents be void and of non Effect. And over that that all the Grants or Relesses' made by His Highness sith the first Day of his Reign to any Abbot, Prior, Covent, or to any other Person or People of Discharge or quiet Claim of any Corrodies or Corrodie, Pensions or Pension, Dimes Spirituels or Quinzismes or Dimes Temporels or of Discharge or quiet Claim of any Rents of Fee or Services of Fee be void and of non Effect. And over that it liketh his Highness to take, resume, and seize in his said Hands and Possession all manner Libertees, Privileges, Fraunchises, hundreds, Wapentakes, Letes, Rapes, view of Fraunkplege, Shirrif Towrnes, Shirrif Gilds, Fines, Amerciaments, Issues and Profits of the same by his Highness granted sith the first Day of his Reign to any Person or People or Abbot, Prior, Dean, Chapitre, Maistre▪ or warden of College, Fraternitee, Craft or Gild, and all Manner such Grants to be void and of non Effect. Except such liberties, Privileges, Fraunchises, Hundreds, Wapentakes, Letes, Rapes, view of Fraunkplege, Shirrif, Towrnes, Shirrif Gilds, Fines,, Amerciaments, Issues and Profits of the same, and all other liberties, Privileges, franchises and Immunitiees that his Highness hath granted to the Provostes and scholars of his Collage Royal of our Lady and St. Nicholas of Cambrig; or to the Provoste and Collage Royal our Lady of Eton and to theyre Successoures'. This Act and Petition of Resumption to begin and take Effect atte the feste of th'annunciation of our Lady in the Year of his Reign XXIX. And that all manner of Grants by his Highness made of any of the said Honours, Castles, Lordships, Towns, Townshipps, Manoires, Londes, Tenementes, Wastes, Rents, Reversions, Fees, Feefermes and Services with all their appurtenances or any discharge or quiet Claim as it is above rehearsed during this present Parliament be from the said Fest of our Lady void and of non Effect. And as to the Provisions and and Exceptions contained in the said Petition of Resumption his Highness' them accepteth and the same agreeth forth, with other Provisions and Exceptions by him by thadvise of the said Lords, Spirituels and Temporels being in this said Parliament put in writing as the Tenours of them hereafter followen, The Moderations or Save put in Writing, as afore, are in Number Forty Two, and are much of the same Nature as those in the Act of the 28th of the same King, only there is here a more express Saving for those who had bona fide purchased of the Crown for a Valuable Consideration. And there is a general Saving for Offices, and the accustomed Fees thereunto belonging. And as to the Remanent contained in the feid Petition of Resumption, not specified in this his Answer, Le Roy Savisera. Note.] That here the Lands of Ireland are resumed. But as to the Fees belonging to Offices, the Point was farther cleared in an Act of the 31st Hen. VI Chap. 7. which is in the printed Statutes. Anno 33. Hen. VI there passed another Act of Resumption. Rot. Parl. 33 H. 6. No 47. Prayen the Commons in this present Parliament assembled, that where the Victorious Prince of most noble Memory, your Fader, whom God rest, and other your noble progenitors, maintained as worshipful, noble and honourable estate of their Household in this Lond of the Revenues thereof as hath oney King or Prince in oney Lond Christenned to the Ease and rest of the People of the same, without agruging for lak of Payment therefore, such as caused all other lands to have this your said Lond in worshipfnl renown, and as great dread as oney Lond christenned. And notwithstanding the great and large Grants of Gods, that by your true People of this Land hath been often times given of true love and faith, tender zeal and Affection unto your said Highness, ye be indebted in such outrageous Sums as be not easy to be paid, which by God's Law, and eschewing his Displeasure, own to be paid and contented; and that furthermore, the Revenues of the said Land to your Highness' now● belonging mow not suffice to kep● and sustain your honourable House hold, which not only, but also your other ordinary Charge mote be kep● and boron worshipfully, as it accordeth to the Honour of your Estate and your said Land, if your Adversaries and Enemies should fall in● the dread, wherein heretofore the have been, and shall with Godd● Grace, be of your mighty Regal and of your said Lond, whereof yo● People lament and sorrow petious● and hevely the amennsing of th● worship and prosperity, when 〈◊〉 hath joyed, and been reputed in th● days heretofore, now the refuse of a● other lands reputed, agruging al● right hevely the Charge that hath bee● born, and daily is born among they● of Vitaille and other Charges 〈◊〉 your said Household, and ordinary Charges whereof they been not paie● to their great loss and hurt, whic● they mow not of oney reason one longer sustain. It please you by th'advice and Assent of the Lords spiritual and Temporel, in this present Parliament assembled, and by authority of the same, for the Conservation and Supportation of your said Estate, which first to God's pleasure, secundary for your own surety, Honour and We'll; and for the third, for the universal We'll, Ease, Reste and Suerte of this Lond, the which ye own to prefer afore the favour of oney Person, or oney Place, or other Thing erthly, and to th'intent that your said Enemies from whose knowledge the penury of your said Household, and the Cause thereof, and also the agrugying therefore of your said People had is not hid, whereof without doubt they take a great Courage and boldness against your said Lond mow fall from the said Courage into rebuke, and have your said Lond and People in such dread as heretofore in the days of you and of your progenitors they have had, to take, seize, have, retain, and resume into your hands and possession from the Fest of saint Michael, tharch angel next coming, all Honours, castles, Lordships, Towns, Townshipps, Manners, Londs, Tenementes, Wastes, Forestes, Chases, Rents, Reversions, Feefermes, Services, Issues, Profits of counties, Advowsons' of Priores, Churches, Hospitals, and of free Chapel, and all other Revenues, with their Appurtenances, passed from you sith the first day of your Reign, and by you granted by your Letters patents, by authority of Parliament, or in oney other wise by your Grants, Confirmations, or Release in Fee-simple, Fee-taille, term of Life or term 〈◊〉 Yeris, to oney person or people 〈◊〉 Englond, Wales, or in the Marche● thereof, in your Land of Ireland▪ Guysnes, Calais, or in the Marches thereof, or in Scotland, or in the Este o● West Marches of england, toward Scotland. And also to take, resume and retain into your hands from the sei● Fest, all the Honours, castles, Lordships, Manners, lands, Tenementes, Wastes, Rents, Reversions, Feefermes and Services, with all theyre Appurtenances which were of the Duchy o● Lancastre, and passed from you by your Grants, Confirmation or Release, or by Authority of Parliament, or whereof oney person or people were seized to your use, or to the use of your said Fadir, o● to the performing of your or his Will, ye to have, hold and retain all the Premises in and of like state, form and condition as ye, or oney other to your Use, or to the Use of your said Fadir, or to the performing of his or your Will, had them atte the said first day, or oney time sith oney Act or ordinance by Parliament, or oney manner of Letters patents, Grants or Estates by you, or oney other person or people of oney of the Premises in oney wise made to, or for oney Person or People at your request or desire, or otherwise notwithstanding. All Offices of your said Duchy, such as the said first day were Offices there, and the Fees, Wages and Rewards than as afore to them had accustomed or apperteigning except. And over that, that all Manere of Grants of Rents, Rent-charges, Annuities, Some or Somes of Money, by you or oney other Person sith the said first day made of Estate of Inheritance, or term of Life, or term of Yeris to oney Person, or otherwise to be taken or had in or of oney of the Premises, or of oney of your Custumes, Subsidies, Awnage, or of the Profits and Revenues of your Hanaper coming, or at or in the receit of your Exchequer, or in oney other Place within this your said Realm, or in the said Lond of Irelond, or within Wales, Guysnes, Caleys, or the Marches thereof be from the said Fest void and of noon effect, to have, hold, or occupy from thenceforthe oney of the Premises. And that all Manere of Grauntes o● Relesses' by you sith the said first day made to oney person or people of oney Estate of Inheritance, term o● Life or term of Years, or otherwise of oney of the Premises, or of th● keeping of oney of them, or of oney of your Goals, or of oney Herbage or Pannage, Fishing, Pasture or Comy● of Pasture, Wareyn, Wooed, Wax, Wine, Clothing, Furs, Annuities, Fee, or oney Wages for doing or occupying oney Office or Charge, and t● noon such Office or Charge the said first day due accustomed belonging o● appertaining be void and of noon effect. And furthermore to ordain by th'advice, assent and authority aforesaid, that all Grants made by you, to oney person or people of oney Office or Offices which were noon Office or Offices the first day of your said Reign or afore, be void and of no force. And that all manere of Grants by you, or oney other Person or People sith the said first day, to oney Person or People made, whereby the same Person or People to whom oney such Grant or Grauntes be made, should grant or have power to grant oney Prebend or Prebends, Church or Churches, Hospital or Hospitals, free Chapel or free Chapels, or oney manere Colletion, Office or Offices to to oney Officer, to make the Yeft or Presentation of which Prebend or Prebends, Church or Churches, Hospital or Hospitals, free Chapel or free Chapels, Colletion, Office or Offices, or of the making of the said Officers the said first day, or oney time sith belonged to you be void and of no force nor effect, to th'intent that of such Offices and other the Premises, it mow please you to reward your Servants menial; furthermore, that all manere of Grants by you made, to oney person or people of oney Office or Offices which wore Offices the said first day or afore, and to them belongeth and needeth actuel Exercise, or of the fee or Wages thereto belonging to have in fee Simple or in fee Taille, in oney wise be of no force nor effect, but only term of life of him or them that oney such Grants be made unto. And that all the Grants of such Offices as that noble and worthy Prince Humphrey, late Duke of Gloucestre, your late Uncle, whom God rest, had and occupied of your Grant, the which Offices were by your Highness to oney person or people granted in his life to have after his decease or Death be void and of noon effect. And that all manere of Grants by you, or by oney other person or people by your great Seal, Prive Seal, or Seal of your Duchy of Lancastre sith the said first day made of oney Sherefwycke, or oney Office of Sherefwycke, or of oney Eschete, or of oney Office of escheator, Clerk of the Peas, or of oney Baillifwycke or Wapentake to you belonging, for term of life or term of yeris, to oney person or people, be void of noon effect. And also, that all Grants and Relesses' made to you to oney Abbot, Prior, or oney other Person of discharge, release, or quiet claim of oney Corrodies or Corrodie, Pension or Pensions, Dimes spiritual, or Quinszismes or Dimes temporal, or of the Collections of the same Rents or Services, or of the Payment of oney Knights Spence for coming to your Parliament be void and of noon Effect. Item, That all Grants made by you by your Letters patents, or otherwise to oney person or people to be Justices of your Bench or of the common Bench within your Lond of Irelond or of the Office of Keeper of the Rolls of Chancery of the same Lond for term of Life be void and of noon Force nor Effect. And also that all Grant or Grauntes by you made to oney person or people of oney Office or Offices, whereupon no Charge hangeth nor needeth to be of actuel Exercise or Occupation be void and of no Force nor Effect. And also by the said advise Assent and Authority ye will grant, ordain and establish that every person that hath any castles, Manors, lands, Tenementes, Rents, Services, commodities, Advowsons', Possessions, or oney Enheritaments to you or to oney other person or Body Corporate to your or oney of theyre Use at your Desire or Contemplation for oney Rentes, Annuites, Sums of Money or Thing that should or might have be taken or had of oney custom or Subsidies in oney your Ports within this your Realm, or in or at the Receipt of your Exchequer if no gift of Exchange nor Recompense for oney Thing be had, be made, may have immediately and have, retain, keep, entre and enjoy peasebly without oney Suit or yet Let or Disturbance of you your Heirs or oney other from the said Fest as well all the said Manors, lands, Tenements, Rents, Advowsons', Possessions and Enheritaments; with theyre appurtenances in oney wise so given to you or to oney person or Body corporate at your Desire or Contemplation by him or his Auncestres', or by him, or her or their Predecessors, or by thoo who's Estate oney such your Liege's hath or had in the lands, Tenementes, Rents, Possessions or Enheritaments taken of you in Exchange as the said Rents, Annuites, and Sums of Money that he should or might have had of oney Customs or Subsidies, or att your Receipt aforeseid if no manner of Exchange nor Recompense had be taken of you therefore by him nor by noon his Anncestours or Predecessors in like Manere, Form and State as though no such Grant or Estate of Exchange or Recompense had be made. So always that the Manors, lands, Tenementes, Rents, Annuitees, Advowsons', Sums of Meney and Enheritaments afore rehearsed given to you or to oney other person or body corporate, or least to be take for oney of the said Exchange or Recompense were not yours ne noon other person or people to your Use the first Day of your noble Reign nor after save only by reason of the Yefts, Grants or Cause aforeseid. Except and forprised out of this Act of Resumption all the castles, Manors, lands, Tenementes, Rents, Services, Possessions and Enheritaments with their appurtenances, whereof every person or people have had restitution by authority of Parliament, Restitution by the Cours of the Comyn Law. Then the House of Commons made some few Save, in Number Twelve, which are much of the like Nature of those in the Two former Acts. Then follows. And for as much as it is plainly and universally conceived through all this your Ream, that the good Speed of this Act of Resumption is to you full honourable, necessary and behooveful and to all your Liege People comfortable and great Relief of their Poverty which they been in for many unportable Charges leid upon them before this Time for that the said Resumption afore this Time hath not be effectually had. We your humble, true, obeisaunt and faithful people comen for the common of this yonre Ream and to this your high Court of Parliament by your authority Royal in the most lowly wise beseech your moost noblaye, graciously and tenderly to consider the great Benefits that should grow unto you and this your Ream by the mean of this your Resumption, that it please your Highness that if so be that ye like by thadvise of your Lords spiritual and temporal in this present Parliament assembled to make oney provisions or Exceptions other then be conteynd in this our Petition, that then the said provisions and Exceptions be send down unto us to that End that we may give our assents thereto, if it be thought to us expedient and behooveful. And that by the same authority it be ordained that if oney of your liege people after the said Fest of St. Michael take and receive your Grant or Grauntes of oney of the Premises except before except then he or they as oft as he or they that so take and receive run into the Penalte of the Statutes of Provisours. And over that, that he or they that so take or receive oney such Grant or Grauntes except afore except contrary to this our Desire forfeit a M. Marks as oft as they so take or receyve, whereof the oon half to be forfeited to you and that to be applied to the contenting of the Wages of the soldiers of Caleys, and that other half to him that will sue. And he that will sue yerfore may have an Action of Debt against oney such person or people, and such Process therein as lieth in an Action of Debt at the Comyn Law, and that the defendants of such Suits shall not be essoyned wage theyre Law, nor beg Protections in delay of the said Suits. All Grants to be made by your Letters patents by the Bille of the treasurer of england for the time being of oney of the Premises. And also all Grants to be made of old Offices, which were Offices the first day of your Reign, to the which belongeth and needeth actuel Exercise and Fees, and Wages the same first day to the same Offices pertaining or belonging, except out of the said pains. And that no such person to whom oney Less or Loesses Grant or Grauntes shall be made after the said Fest for term of Yeris or at Will of oney Thing parcelle of the Duchy of Lancastre, earldom of Chestre, Principalete of Wales, Caleys and Guysnes and the Marches thereof, or of oney thing to them or oney of them belonging or appërteyning be not hurt nor endamaggd by the penalty of this said Act. Then follow Two Save, one for the Prince of Wales, and another for Richard Duke of York, as to some Patents they had. Resp. As touching this Petition of Resumption the King hath well conceived and understood the Matters, Articles and Desires contained in the same Petition; wherefore the King by th'advice and assent of the Lords spiritual and Temporell, being in this present Parliament, and by authority of the same, taketh and resumeth into his Hands all manner things contained in the said petition, and the same agreeth and accepteth, the Penalte in said petition except and leid apart; alweye his Prerogative reserved; forseyn alweye that such provisions and Exceptions as been by his Highness, by th'advice of the said Lords spiritual and Temporel made and agreed, or to be agreed; and in this same Parliament put in Writing upon the premises, be good and effectuel the said Act notwithstanding for the Egalte and Reason that the King ought to do to his people, the which shall be to the pleaser of Godde, the Honour and the We'll of his Lond and People. Then follow a great Number of Save 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 defeat the Design 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, engaged 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 carried on by the Weight of the People. But these Objections will be more fully answered, when we show that the same Thing was done by a Prince, who had mastered all Parties, and under an Active and Martial Reign, which was that of Edw. IU. his Successor, where the Precedents 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. Nᵒ 11. — And over that, that our said Sovereign Liege Lord King Edward IU. the Fourth Day of March was lawfully seized and possessed of the said Corone of Englond in his Right and Title, and from thenceforth have to him, and his Heirs, Kings of england, all such Manors, Castles, Lordships, Honours, Londs, Tenements, Rents, Services, Fees, Feefermes, Rents, knights Fees, Advowsons', Gifts of Offices to give at his pleasure, Fairs, Markets, Issues, Fines, and Amerciaments, liberties, Franchises, Prerogatives, Escheates, Custumes, Reversions, Remainders, and all other Hereditaments, with their Appurtenances whatsoever, be they in england, Wales, and Irelond, and in Cales, and the Marches thereof, as King Richard the 2 d. had on the Fest of saint Matthew the Apostle, the 23th Year of his Reign, in the Right and Title of the said Corone of Englond, and Lordship of Irelond. Resp. The King by th'advice and Assent of the Lords spiritual and Temporel in this present Parliament assembled, at the Request of the Comyns being in the same, agreeth and assenteth to this Petition, and it accepteth, with certain Moderations, Provisions and Exceptions, by his Highness thereupon made, and in certain Cedules written, and in the same Parliament delivered, the tenor of which follows. Then follow the Exceptions or Save 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. 4ti. There passed another Act of Resumption. 3 & 4 Ed. 4 Rot. Parl. Nᵒ 39 — At which day and place, for divers Causes and Considerations, containing the Honour and prosperity of the King our sovereign Lord, and also the Commonwele, defence and welfare of this Ream, and of his Subgetes of the same, hit is ordained and enacted, and established by th'advice and assent of the Lords Spirituels and Temporels, and of the Comyns in this present Parliament assembled, and by authority of the same, That the King fro● the Fest of the Purification of our Lady the Year of our Lord, 1464, have▪ take, seize, hold and joy all the Honours, castles, Lordships, Towns, Townshipps, Manors, lands, Tenementes, Wastes, Forestes, Chases, Rents, Annuities, Reversions, Fermes, Services▪ Issues, Profits, and Commodites of Shires, which he had the 4th day March, or eny time after afore the said Fest, by reason of his Duchy of La●castre, or by the Forfeitur of Henry the 6 th'. late in deed, and not in right King of england; in england, Irelond, Wales, and Marches thereof, Guysnes and Caleys, and Marches thereof; and passed from him the said 4th day of March, or eny time after and afore the said Fest, by his Letters patents to eny Person or people, in Fees, Fee-simple, Fee-taille, term of Life, or term of Years: And that the King have and Enjoy every of the Premises in like Estate and Condition as he had them the said 4th day of March or after: And also, that all Yefts, Grants and Relesses' made by the King the said 4th day of March, or eny time after afore the said Fest, to eny Person or People of eny of the Premises, in Fee-simple, Fee-taille, term of Life or term of Years, under eny of his Seals be from the said Fest of Purification void and of no force nor effect. Ibid. N. 40 And also that all Yeftes, Grauntes, Ratifications, Relesses' and Confirmations made by the King the said 4th day of March, or eny time after and afore the said Fest, to eny Person or People of any Possessions, Right, Title, or Interest of his Duchy of York, or earldom of March, or eny part of them, or of eny Pension, Rent, Annuite to be had, taken, perceyved or levied of, or in the same Duchy and earldom, or eny of them, or eny parcel of them be from the said Fest void and of no force nor effect. And that this Act extend not to eny Honours, castles, Lordships, Manors, lands, Tenementes, Rents, Services, Possessions or Enheritaments which came to the Hands or Possession of our said Sovereign Lord King Edward the 4 th', or appertained or belonged to him, or that he should have had the said 4th day of March, or eny time after by the forfeiture of eny Person in the Parliament, hold at We●●minster the 4th day of November, the said first Year attainted, or by force of an Act of Forfeiture therein made, other than by the Forfeiture of Margarete, late called Queen of Englond: And also that this Act extend not to any Grant or Grauntes afore this time 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 said 4th day of March, or afore, and needeth actuel Exercise granted the said 4th day of March, or after to eny Person or People for term of his Life, or theyre Lives, with Fees, Wages and Profits to the same Office or Offices afore the said 4th day of March due and accustomed. And also that all Yefts made by the King the said 4th day of March, or eny time after under eny of his Seals, to eny Person or People of eny Office, wheruppon no charge hangeth nor needeth to be of actuel Exercise or Occupation, be from the said Fest void and of no force nor effect. Also that all Grants made by the King the said 4th day of March, or eny time after to eny Person or People of eny Office or Offices, with Fees and Wages than not due and accustomed, nor appertaining to the same Office or Offices the said 4th day of March be from the said Fest, as to the said Fees and Wages not due and accustomed void and of no force and effect. This Act to be had, and take with such Exceptions and Provisions, as shall please the King to make. Then follow Three Save made by the House of Commons. 1st, For Sums issued to the Payment of the King's own Debts. 2. For Corporations, Cities and Boroughs, etc. as to any Gift, Grant, Demise, Lease, Release, Jurisdiction, Authority, Confirmation, Ratification, Licence, Pardon, etc. granted by the King's 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, etc. or to purchase Lands for those Uses. Then follow a prodigious Number 〈◊〉 Save and Exceptions, and so many as, indeed, seem entirely to defeat th● Design and Intention of the Act; which in the 7th of the same Reign, produced another Resumption. This Heroic Prince, who himself had fought so many Battles, and wh● by his Courage from a private Person got to be King of England, invites hi● People from the Throne, to resume wha● had been plundered from the Crown, i● the Words following. 7 Edw. 4. Rot. Parl. N. 7. John Say, and ye Sirs common to this my Court of Parliament, for the Common of this my Lond: The Cause why Y have called and summoned this my present Parliament, is, Y purpose to to live upon my noun, and not to charge my Subgetts, but in great and urgent Causes, concerning more though we'll of themselves, and also the defence of them, and of this my Ream, rather than my noun's pleaser, as heretofore by Commons of this Lond hath been done, and born unto my progenitors in time of need; wherein Y trust, that ye Sirs, and all the Commons of this my Lond, wol be as tender and kind unto me in such Cases as heretofore eney Commons have been to eney of my said progenitors. And for the good Wills, kindness and true hearts that ye have born, continued and showed unto me at all times heretofore, Y thank ye as hertily as Y can; as so Y trust ye wol contenue in time coming; for the which, by the Grace of God, Y shall be to you as good and gracious King, and reign as reight, wisely upon you as ever did eney of my progenitors upon Commons of this my Ream in days passed; and shall also in time of need aply my Person for the We'll and defence of you and of this Ream, not sparing my Body nor Life for eny jeopardy that might happen to the same. Ibid. N. 8. Memorandum. Quod quedam Cedula formam cujusdem Actus Resumptionis in s● continentis exhibita fuit in presenti Parli●mento in haec Verba. For divers Causes and Considerations concerning the Honour, State and prosperity of the King, and also of the Commonwele, defence, surety and welfare of this Ream, and his Subgettes of the same, it is ordained, enacted and established by th'advice and Assent of the Lords Spirituells and Temporells, and Commons in this present Parliament assembled, and by authority of the same, That the King from the Fest of Ester last passed, have, take, seize, hold and joy all Honours, castles, Lordships, Towns, Towneshippss, Manors, lands, Tenementes, Wastes, Forestes, Chases, Rents, Annuities, Fermes, Feefermes, Reversions, Services, Issues, Profits, commodities, which he was seized and possessed of the 4th day of March, the first Year of his Reign, or eny time after, by reason of the Coroune of Englond, the Duchy of Cornwaille, Principalite of Wales, and earldom of Chestre, or eny of them in Englond, ireland, Wales, and Marches thereof, or that appertained or belonged to him the same fowerth day, or eny time sin, as paroell of his Duchy of Lancastre, or by the forfeiture of Henry the sixth, late in deed, and not in Right King of england, or eny Person atteynted sin the said 4th day of March, by authority of eny Parliament holden sin the said 4th day, or otherwise attainted by the course of the Common Law of this Lond, and passed from the King under eny of his Seals, to eny Person or People in Fee-simple or Fee-taille, term of Life or term of Years, and that the King from the said Fest of Ester, have, hold and joy every of the Premises in like estate as he had them the said fowrthe day of March, or eny time after. Also that all Yeftes, Grauntes, Ratifications, Releses, Leses, Demyses and Confirmations made by the King the said 4th day of March, or eny time sin to eny Person or People of eny of the Premises in Fee-simple or Fee-taille, term of Life or term of Years, under eny of his Seals, be from the said Fest of Ester void and of no force nor effect. And furthermore it is ordained by the said advise, Assent and authority, That the King from the said Fest of Ester, have, take, seize, hold and joy all Honours, castles, Lordships, Towns, Towneshippss, Manors, lands, Ten●mentes, Rents, Services, Possessions, Enheritaments, Issues, profits and Comoditees which the full noble and famous Prince Richard veray true and rightwise inheritor to the Reams of england and France, and Lordship of Irelond, Fader to the King, was seized of to his own Use and Behoof the 30th Day of December, the 39th Year of the pretended Reign of the said Henry the Sixt. And that the King from the said Fest of Ester, have, hold and joy all the said Honours, castles, Lordships, Towns, Towneshippss, Manors, Londs, Tenementes, Rents, Services, Possessions, Enheritaments, Issues, Profits and commodities in like Estate as his said Fader had them the said 30th of December. And that all Yefts, Grauntes, Ratifications, Releses, Leses, Demyses and Confirmations made by the King sin the same 30th Day to eny person or people under eny of his Seals of eny of the same Possessions, Issues, Profits or Comoditees, or of eny Lordships, Manors, lands, Tenementes, Possessions or Enheritaments whereof eny person or people were seized the same 30th Day to the Use and Behoof of his said Fader or of eny Right, Title or Intres of, or in eny part of the same or of, or in eny of the Premises which his said Fader was seized of the said 30th Day, or of eny Pension, Rent, Anwitee to be had taken perceyved or levied of, or in eny part thereof, or of or in eny part whereof eny person or people were seized to the Use and Behoof of his said Fader the said 30th Day be from the said Fest of Ester void and of no Force nor Effect. And also by the said advise, Assent and authority, it is ordained and established, That such lawful Right, Title, Claim and Interest be saved and had to every person and people of every their Heirs other than the said people attainted and their Heirs claiming in by them or eny of them, as he or they not atteynted might or should have had in eny of the Premises if this Act had not been made otherwise then by the Kings Grant, or eny of his Le●tres, Patentes or Assignment. And furthermore it is odeyned by the said advise, Assent and authority, That all Yefts made by the King the said 4th Day of March, or eny Time sin to eny person or people of eny Office in Englond, ireland, Wales▪ or Marches thereof, whereupon no Charge hangeth nor needeth to be of actuel Exercise or Occupation be from the said Fest of Ester void and of no Force nor Effect. Also, That all Grants made by the King the said 4th Day of March or eny time sin to eny person or people of eny Office or Offices in Englond, ireland, Wales or Marches thereof, Guysnes, Caleys, or Marches thereof with Fees, Wages, Profits or Commodities not used and accustomed to the same Office or Offices afore the same 4th Day of March, be from the said Fest of Ester as to the said Fees, Wages, Profits and commodities and every of them so not used and accustomed void and of no Force nor Effect. Also, That every Grant made by the King the said 4th Day of March, or eny time since to eny person for term of his Life of the Office of Sarjeant of Arms be from the said Fest of Ester of noon other Force and Effect than only at the Kings Will and Pleaser. Then follow several Save much of the like Nature as those in the former Acts, as also some Regulations relating to the King's Tenants, not material to our present Subject. Quae quidem cedula transportata fuit Communibus Regni Angliae in dicto Parliamento existent. Cui iidem Communes Assensum suum prebuerunt sub hiis Verbis. A toutez lez Actez & Provisions desuis Escriptez les Comunes sont assentuz. Quibus quidem cedula & assensu in Parliamento predicto lectis auditis & plenius intellectis de avisamento & assensu & autoritate predict▪ respondebat eidem in forma sequen. Resp. Le Roy le voet ovesq. lez Provisions & Exceptions sur ceo pur luy faitz les tenours de queux cy apres ensuent. That is, the King consents to the Bill with the ensuing Provisions and Exceptions: Then follow a great Number of Save and Provisions, most of 'em for private Persons, and much of the same Natures as those of the former Acts. 7 Edw. 4. Rot. Parl. N. 15. And at the closing of the Sessions, the King thanks the H. of Commons by the Mouth of the Bishop of Bath and Wells, his then Chancellor for this Resumption. * Pro suis Laboribus circa dictam Resumptionem ostensis.— Idem Dominus Rex omnia & singula per ipsos Communes declarata & desiderata profunde conceperat. Anno 13. Edw. 4. There passed another Act of Resumption for that, either the former had been so ill executed, or that the Exceptions had been so many as to frustrate the good Intentions of the House of Commons. 13 Edw. 4. Rot. Parl. N. 6. For divers Causes and Considerations concerning the Honour, Estate and prosperity of the King, and also the common We'll, Defence, Surete and Welfare of this Ream and Subgettes of the same; It is ordained, enacted and established by Thadvice and Assent of the Lord's Spirituells and Temporells, and by the Commons in this present Parliament assembled, and by the authority of the same, That the King from the Fest of the saint Thomas thappostill, that shall be in the Year of our Lord God One Thousand Four Hundred Seventy and Three, shall have, take, seize, hold, possess and enjoy all Honours, Castles, Lordships, Manors, lands, Tenementes, Rents and Annuitees, which he was seized and possessed of in the 4th Day of March, the first Year of his Reign, or eny time after by reason of the Corone of Englond; in england, ireland, Wales, or Marches thereof, Guysnes, Caleys or Marches thereof; and also that appertained or belonged to him the same 4th Day of March, or eny time sith, as parcelle of his Duchy of Lancastre, or by forfeiture of Henry the sixth late in Deed, and not in Right King of Englond: And of eny person attainted sith the said 4th Day of March by authority of eny Parliament holden sith the same 4th Day of March, or otherwise attainted by the Cours of the Common Law of this Lond, and passed fro the King undre eny of his Seals to eny person or people in Fee-simple or Fee-taille, for term of Life, or term of Years, or otherwise, by the Kings Grant under his Seals; and that the King from the said Fest of St. Thomas, have, hold, possede and enjoy eny of the Premises in and of like Estate and Condition, as he had theym in the said 4th Day of March, or eny time after. And furthermore, It is ordained by the said advise, Assent and authority, That the King from the said Fest of saint Thomas, have, take, seize, hold and enjoy all Honours, castles, Lordships, Manoirs, Londes, Tenements, Rents and Annuitees, which the full noble and famous Prince Richard veray true and rightwise inheritor to the Reams of england and France and Lordship of ireland, Fader to the King was seized of to his own Use and Behoove the 29th Day of December the 29th Year of the pretended Reign of the said Henry the sixth: And that the King from the said Fest of saint Thomas, have, hold and enjoy all the same Honours, Castles, Manoirs, Londes, Tenementes, Rents, Annuitees, in and of like Estate and Condition as his said Fader had them the said 29th day, and passed from the King to eny Person or People under eny of his Seals, in Fee-simple, Fee-taille, term of Life or term of Years. Also, that all Yeftes, Grauntes, Releses and Demyses made by the King the said fourth day of March or eny time sith, to eny Person or People, of, or in eny of the Premises, in Fee-simple, Fee-taille, term of Life or term of Years, or otherwise, under eny of his Seals, be from the said Fest of saint Thomas void and of no force nor effect. And also by the said advise, Assent and authority, it is ordained and established, That such lawful Right, Title, Claim and Interest be saved, and had to every Person or People, and every their Heirs other than such People now being attainted of Treason, and their Heirs claiming in by them, or eny of them so atteynte, might or should have had in eny of the Premises if this Act had not be made otherwise then by the Kings Grant, or eny his Lettreses patents, or authority of Parliament. What follows being joined with this Act, and showing the Wisdom and Frugality of those Times, and the Methods they took to put the King out of Debt, we thought it would not be foreign to our present Matter to insert it. Ibid. N. 7. Also in this Parliament begun and holden, etc.— great multitude of Assignments, as well by Letters patents of the King, Tailles, Debentours, and other Bills levied and rerèd at the Receipt of his Exchequer or otherwise, as by Bills undre the Seal or Seals being in the same Receipt ordained for Assignations to be made upon the Possessions of the Duchy of Lancastre, Wales, Duchy of York, and earldom of March, as well for the Kings' Household and Wardrobe, and for his works as for many and divers Sums of Money in times of divers People, late Tresorers of england, sigh the first day of the Kings' Reign, dyversly have be made great part of the which Assignations by Bill and otherwise inordenately, and without ground of duty, have be had and made as it is understond: It is therefore ordained by th'advice and Assent of the Lord's Spirituels and Temporels, and the Commons in the same Parlelement, the said sixth day of October, in the said Thirteenth Year assembled, and by authority of the same, That before the Fifteeneth of Ester next now to come, open Proclamation be made within every Shire of the Ream, in every Markette-Towne within the same Shire, by the Shiref, or sheriffs of the same Shire or Shires for the time being: And that every Shiref duly make the Proclamation in that party, and the Writ thereof serve and return at the day of the Return of the same, upon the pain to forfeit at every default to the King one hundred pounds: That every Person or People having eny patent, Taille or Bille made, rered or assigned before the first day of Decembre, in the Tenth Year of his said Reign, for eny Some or Sums of Money contained or specefied in eny of the same appear before the Barons of the Kings' Exchequer at Westminster, in his proper Person, or by his Atourny or Servaunt, having suffisant authority of him afore the fifteeneth of Ester, which shall be in the Year of our Lord, 1475, there to show and prove that the Sums of Money contained and specified in his or their Patent, Taille or Bille, was by, or upon eny true ground or cause due by the King at the time of the making, rearing, or assignment of the said Patent, Taille or Bille, made, reared or assigned to to the same Person or People named in the same Patent, Taille or Bille for the Kings' House, for the Kings Chambre, his Wardrobe, his Werks or Money to him lent for the Victualler of of calais, or eny of them, or for eny other Cause, that the same Barons upon due prove by theyre Discretions had and made of eny Some and Sums in such Taille or Bille to be due by the King; and at the time of the said prove made not paid, have authority and power by this Act, to certify into the Receipt of the Kings' Exchequer of the Some and Somes so proved due, and of the Name or Names of the Person or Persons to whom the said Some or Somes so shall be proved to be due: And thereupon by this Act the treasurer and Chamberleyns' of the Kings' Receipt for the time being, dyvyding severally the said Debt into twenty parts by even Portions, without delay or denier at the Kings' proper Cost and Charge rear, there make and deliure twenty Tailles or Bills according, payable Yearly iche after other within twenty Years then next ensueing, to have and retain in such Place or Places, and under such Form as the Treasurer of england for the time being▪ with the reasonable agreement of the said Person or People to whom such duetee shall be proved due, shall be thought reasonable. And as for such Duetees as shall be found due to eny of the said People afore the said Barons, by reason of eny such Letters patents that the said Barons shall certify such duetees as they shall found due by eny such Letters patents made under the Kings' great Seal, to the chancellor of england for the time being: And such Duetees as shall be found due to eny Person before the said Barons, by reason of eny of the Kings' Letters patents made undre the Seal of his Duehie of Lancastre, to the chancellor of the same Duchy for the time being: And then that every of the said Chauncellers for such Sums so to them certified, do make at the Kings' Cost and Charge to such People as such Duetees shall be found due▪ to, Letters patents, to receyve, have, or retain such Sums of Money as shall be to them certified, and to be had, received or retained Yearly within twenty Years next ensueing the date of the said Letters patents rately as is aforeseid in such place or places, ground or grounds as the same People afore this Act were assigned or limited: And that the said Tailles, Bills, and Letters patents serverally to be reared and made be and stoned good and effectuel in Law, and preferred in payment before eny other payment by Patent, Taille or Bille, or eny other Assignment or Cause reared, made or had after the rering of the said Tailles: And that all the said Lettreses patents, Tailles, Bills, and every of them not showed afore the said Fifteeneth before the said Barons be void, and the King thereof acquit and discharged. And also that all Lettreses patents, Tailles, Bills, and every of them showed afore the said Barons, and before them proved not to be made, reared or assigned upon true Ground or Cause of Duetee in likewise to be void, and the King thereof quite and discharged for evermore. Then follow Sixteen Exceptions or Save 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 touching this Bill of Resumption, and the other Act above specified concerning Assignations made by the King, and the Form of Payments of his debts, and all things comprised in either of the said Bills and Act, and the other Matiers and Articules above specified, the Kings' Highness hath well conceyved and understond the same, and by th'advice and assent of the Lord's Spirituells and Lords Temporells, and the Commons being in this present Parliament, and by the authority of the same them hath accepted and agreed. So also that such Provisions and Exceptions as by his Highness be or shall be made and agreed, and during the time of this present Parliament in Writing, to or upon the Premises be good and effectuel the said Bille or Act, or eny other the Premises, notwithstanding for the equity and Right wis reward that the King intendeth to do to every of his Subgietts for his Merits, which shall be to the Pleaser of God, and Honour of his Highness, and the we'll 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 designed they should defeat the Intentions of the House of Commons, as the Savin●s in the first Act of Resumption passed 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 passed 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, believed 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 progenitors, have kept as worshipful, noble and honourable 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 therefore, such as caused all other Londs to have this your said Lond in as worshipful Renown and as great Dread as any other Lond christenned, and for that the Revenue of your said Lond to your Highness now belonging mow not suffice to keep and sustain your honourable Household nor your other ordinary Charges which must be kept and born worshipfully and honourably as it accordeth to the Honour of your Estate and your said Realm, by which your Adversaries and Enemies shall fall into the dread wherein heretofore they have been. That it would please your Highness by th'advice and assent of the Lords Spiritual and Temporal in this present Parliament assembled, and by Authority of the same for the Conservation and Suportation of your said Estate, which first to God's Pleasure, secondary for your own Surety, Honour and Weal, and for the third to the universal Weal, Ease, Rest and Surety of this Land the which you own to prefer afore the Favour of any Person or any Place or other Thing earthly; to take, seize, have, retain and resume into your Hands and Possession from the 21st Day of August last passed, all such Castles, Lordships, Honours, Manors, Londs, Tenements, Rents, Services, Feefermes, Knights Fees, Advowsons', Annuitees, Yefts of Offices to yeve at your Pleasure Grants of keeping Idiots, Fairs, Markets, Hundred, Turns, Views of Frankplegge, Leets, Issues, Fines, Amerciaments, liberties, 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 christian and blessed Prince King Henry the 6th, your Uncle had of Estate of Inheritance, or any other to his Use had the 2d Day of October the 34th Year of his Reign, or any time sigh as parcel or in the Right and Title of the Crown of England of the Duchy of Lancastre, the Duchy of Cornwall, the Principality of Wales, and the Earldom of Chester. Saving to every of your liege People such Right, Title and Interest as they or any of them should have or might have had in, or of the Premises or any Parcel thereof, other than by means of Lettres, patents of any King of this your Realm, or by Act of Parliament made after the said 2d Day. And over this be it enacted, ordained and established by the same Anctoritie that all Yefts, graunt's, Leases, Releases, Confirmations and Discharges of any Castles, Honours, Lordships, Manors, Lands, Tenements, Rents, Services, Reversions, Annuites, Feefermes, Offices, Liberties, Fraunchises or other Hereditaments and all Appropriations, Corporations, Collations, Assignments and Grants of any Debt or Sums of money by Letters patents 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 deed and not of right, King of Englond any time during his usurped Reign under his great Seal of the County Palatine of Chester, or by Tailles to any person or Persons or Body corporate; and also all Yefts and Grants by Authority of Parliament or otherwise, made by Edward the 4th late King of England, or by Edward his Son late called King Edward the 5th to any person or people be fro the said 21st Day of August anulled, void and of no force ne effect. And all Grants made by the said Edward the 4th late King of, or touching the Earldom of Devonshire, or any Parcel thereof, be from the same 21st Day also void and of no Force ne Effect. 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 Earldom of March. A Saving to Abbots, Abbesses, Priories in England or Wales, as to the Restitution of any of their Temporalities. A Saving for Licence to incorporate or found any chantry, etc. Then follows, And over this be it enacted, ordained and established by the said Authority that all Grants and Letters, patents of any Office made by our said Sovereign Lord, afore the 20th Day of January the 1st Year of our Reign to any person or persons be from▪ hence forth void ne of no effect. 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, etc. Then follow Ten Exceptions or Save made by the House of Commons to the said Bill, and such of them▪ as are either general or particular, are much of the like Nature with the Save in other Acts. Resp. As touching this Bill of Resumption, the King's Highness hath well conceived and understood the same hath therefore by thadvise and assent of the Lords Spirituels and Temporels and Commons in this present Parliament, and by th'authority of the same it accepted and agreed. So always, that such Provisions and Exceptions as by his Highness, be, and shall be made and agreed, and during the Time of this present Parliament put in Writing, to, or upon the Premises be good and effectual. The said Bill or Act, or any other the Premises notwithstanding. For the Equity and rightwise Reward that the King intendeth to do to every of his Subgietts, for his Merits which shall be to the Pleasure of God, and Honour of his Highness, and the Weal of all his Lond and People. Then follow many particular Exceptions more in Number than in any other of the Acts, but under this frugal King we may suppose they are not such as would make the Act ineffectual. Besides, in this Reign there passed several particular Acts of Resumption, for which we shall refer the Reader to the Records. Rot. Parl. 3 Hen. 7. N. 35. Anno 33. Hen. 7. An Act of Resumption of the Offices or Places of Receivers, Auditors, Customers, Collectors of Customs, Subsidies, Comptrollers, Searchers. Surveyors and Places of other Officers, Accomptants to the King. Rot. Parl. 11 Hen. 7. N. 2. Anno 11. Hen. 7. An Act of Resumption of divers Castles, Manors, Lands and Tenements, which were formerly given by K. Edward the Third, and K. Richard the Second, to Edmond de Langley, Duke of York. Rot. ibid. N. 4. In the same Year an Act for making void all Grants made of the Manor of Woodstock. Ibid. N. 6. In the same Year an Act for making void divers Leases and Offices within the Principality of Wales, Duchy of Cornwall, and Earldom of Chester. Anno 6. Hen. 8. There passed another Act of Resumption, which related only to resuming needless Offices and Pensions. Rot. Parl. 6 Hen. 8. N. 8. Prayen, and in most humble wise, beseeshing Your Heyghness, Your humble Subjects the Commons in this present Parliament by your high Commandment assembled, That where the most Christian Princes, King Henry the Sixth, King Edward the Fourth, and the most famous and renowned Prince of most worthy Memory, King Henry the Seventh your Fader, whom God pardon, and other your noble progenitors, have kept as honourable Astates as well in their own Persons as in their Households, and other their Charges as well in defence of this Your Realm, as in defence of the Towns of Caleys, Guisnes, Hams, Berwick, and the Marches of the same, and other Charges of this Your Realm of the only Revenues thereof, as hath any King or Christian Prince in any oder Christian Region, not only to the great Honour of the same, but also to the great ease, rest and quietness of the People of the same, which caused all other Lands and Realms to have this your Realm in great Renown, dread and Fear, and your said progenitors to be dread of all outward Nations. And so it is, most drade Sovereign Lord, that the Revenues of your Lands, and other Things late being in your Hands and Possessions be so great minished, by reason of the Many fold Yifts, graunt's and Releases passed from your Highness since the beginning of of your most noble Reign hitherto, that the residue thereof now remaining in your Hands and Possession in no wise sufficeth, nor can suffice to bear and sustain your great Charges daily increasen, as well by reason of your Wars now being in hand against your ancient Enemies the Scots, as of your great Charges in keeping and defence of your City of Tournay, late by your Grace victoriously Conquered, and which of very necessity must be maintained and born as accordeth to your Princely estate and Honour of your Highuesse, and suerte of your humble Subjects, and of your Realm. In Consideration whereof it may please your Highness, by thadvise of the Lords Spiritual and Temporal in this present Parliament assembled, and by Authority of the same, for the conservation and maintaining of your most Royal estate, and oder Charges above rehearsed, to the Pleasure of God, and for your own Honour and Suerte; and also for the universal Wead, Ease, Rest and Suerte of this your Realm and Land, and for the mynyshing and lessening of the Charges and Burden of your said poor Commons and Subjects of the same, which your Grace oweth to prefer and specially regard before the Favour of any particular Persons or earthly Things, to take, seize, resume and have into your Hands, from the Feast of Easter next coming, all and singular those and such Annuitees Granted to any Person or People by your Highness, by your Letters Patents, not for exerciseing of any Office which be not ne at any time of the said Letters Patents made, were Rent-Service or Rent-Charge of any Estate of Inheritance in your Highness, and that all the said Letters Patents of all the same Annuitees, and every of them from the said Feast of Ester only, touching the said Grant of the same Annuitees be utterly void and of no effect. And also, that all Letters Patents, Grants and Bills signed by your Highness, made to any Person or People, of any Office or Offices, or Room to be had after the Death of any Patenteth the same Patentee being yet alive, and in Possession by Virtue of his Patent, or of the next Avoidance of any Avowsons' of Churches, Benefices, Chauntreys, Hospitals, prebend's, or of any Spiritual Benefices not executed, be from henceforth utterly void and of none effect. Then follow some other Regulations relating to Offices, Places and Pensions. After which there is a Saving for the Peers, as to their Creation-Money: And then for George, Earl of Shrewsbury, of, and for the Stewardship of Tutbury, Parcel of the Duchy of Lancaster, etc. signed with the King's own Hand. Then follow Save for several great Officers, and for the Queen. And then comes a Provision for Offices in the King's Lands, Castles and Manors, etc. then follow some particular Save, and those not many. Resp. Le Roy le Veult. So that this Prince, as Arbitrary as he was, gave way to this Resumption made in Parliament. The Writer of these Papers (tho' it has proved a Matter of great Labour) has thought it best to set down the very Words of all these Acts of Resumption, omitting the Save, which in each Bill are very numerous; but to give the Reader Light into the Nature of these Exceptions, he did extract all the Save that were brought into the first complete Act, that passed upon this Subject, which was 28 Hen. 6. And by those the Reader may judge of the Rest; for they which followed were much of the like Nature. 'Tis true, his Work will thereby seem tedious, but curious Persons may, perhaps, receive Satisfaction, to see the Sense of their Forefathers upon this Point. And we take it, that the Wisdom and Gravity with which these Acts are penned, and the Exactness and Care which the House of Commons from time to time showed in this whole Transaction, will prove no unpleasant piece of History. He has done impartially, and taken notice of what may make against, as well as for his present Argument, that the Reader may have the whole before him. And in this Transcript he has followed the best Copies of Records he could procure, such as have been signed and examined at the Tower, in which he believes there is no material Error, and that they are according to the Original Records, except in Orthography, or spelling Words, wherein all Transcribers of Records mistake and differ with one another: But as to the French Records, both in this and the following Section, the Author has examined them all at the Tower by the Rolls. As to what was done upon Resumptions before the Reign of Edward the Second, he has therein followed the best Ancient Writers of our English History, whose Authority may be relied upon, because most of such as he has cited, wrote of Things done near, or in their own Times. But for their Ease, who do not care to read much, and to help the Memory of others, he will recapitulate in a few Words the several Resumptions; afterwards he will make some few Observations upon the Whole, and examine what Effect these Acts of Resumption produced, as to enlarging the Crown-Revenue, and then conclude this long Section. 1st, A Resumption was made by William Rufus. 2dly, A Resumption by Henry the First. 3dly, A Resumption agreed to by King Stephen. 4thly, A Resumption actually made by Henry the Second. 5thly, A Resumption by Richard the First. 6thly, A Resumption by Edward the Second. 7thly, Resumptions made by Richard the Second. 8thly, Resumptions made by Henry the Fourth, particularly of the Lands belonging to Windsor-Castle. 9thly, Three Resumptions made in the Reign of Henry the Sixth. 10thly, Four Resumptions made in the Reign of Edward the Fourth. 11thly, One general Act, and other particular Acts of Resumption in the Reign of Henry the Seventh. 12thly, An Act of Resumption of ●ivers Offices, Annuities, and other Things, in the Reign of Henry the Eighth. Upon the whole Matter these Observations may be made. 1st, From the forecited Records, it appears, that the People of England have in no Age thought it reasonable, that the Crown-Revenue should be alienated. 2dly, That not only under the Reigns of weak and unfortunate Princes, but when there has been upon the Throne martial and active Kings, this Nation has all along insisted upon Resumptions. 3dly, It appears from the said Records, that very few of the said Resumptions did look farther backward than the Reign of the present Prince. 4thly, That the People have been most provoked, when the Crown-Lands have been given away to Foreigners. 5thly, That the House of Commons in their Bills of Resumption made very few Save, as to the Interests of Private Men. 6thly, That it appears from the said Records, that very small Things were looked into, and that in the Three R●sumptions made by Henry the Sixth, it does not appear there were Save for any large Grant. 7thly, That in some of their Bills the House of Commons insisted upon Penalties, to be inflicted upon such as should procure Grants of the Crown-Revenue. 8thly, That by the Profusion of some Princes, the Crown-Revenue was reduced from Fifty Six Thousand Nine Hundred Sixty Six Pounds, to Five Thousand Pounds per Annum. 9thly, That Edward the Fourth invited his Parliament, in his Speech from the Throne Anno 7. to make an Act of Resumption. 10thly, That in the many Acts made to this Purpose, every following Act was penned with stricter Clauses, and to reach more than the former did. 11thly, That the Act made the 28 H. 6. provides, that the Lands so resumed should be for the Expenses of the King's Household. 12thly, That some of these Resumptions, as that of 3 and 4 of Edw. 4. extended not only to the Crown-Revenue, but also to what was the King's own Patrimonially, namely, to his Duchy of York, and Earldom of March. And that Anno 7▪ all was resumed, which belonged to Richard, Duke of York, the King's Father, the 30 th' of December, Anno 39 Hen. 6. The ●ame 13 Edw. 4. 13thly, That in these Acts of Resumption, the Salaries and Wages are taken away of all superfluous Offices, which required no Attendance and Execution, and which were newly erected. 14thly, That some of these Acts establish, that the Lands so resumed should continue in the Crown. 15thly, That it will appear to any who will look into the volumenous Save and Exceptions which were brought in by the King to the said Acts; that many of the Grants in those Ages made for Lands or Pensions, were only for Term of Life or Term of Years, and to return to the Crown. 16thly, That in many of the Save; as to the Interest of private Men, where there is something left, there is something resumed. 17thly, That most of these Acts not only resume the Crown-Lands, but revoke all unnecessary Pensions. 18thly, That the 33 Henry 6. resumes the Land passed away from the Crown, even by Authority of Parliament. 19thly, That in all these Acts, except 28 Henry 6. the Lands in Ireland are comprehended. 20thly, As every subsequent Act was more strictly penned than that which went before, so the Exceptions and Save brought in by Edward the Fourth (Henry the Sixth were at last few and frugal) became every Time more moderate than the other; so that in the End, both Prince and Parliament agreed, that a Resumption was necessary, and would be greatly beneficial to the Kingdom. But now as to the Effects which these Acts of Resumption produced; it appears manifestly, that they were put in Execution, and that the Save and Exceptions were not such, as to defeat the Designs of the Parliament, which some People pretend to suggest; and 'tis likewise evident, that the Crown-Revenue was thereby very much increased. For the Records plainly show, that the whole Income of the Crown, Annis 28 and 29. Hen. 6. was reduced to Five Thousand Pounds per Annum. Edward the Fourth who succeeded, was an expensive Prince, Richard the Third his Brother a frugal Man indeed, but his Reign was too short to make any great Improvements in his Revenue; and yet we find Henry the Seventh his Successor, Master of more ready Money than ever any King of England was either before, or since his Time. This Prince had not many Aids from his People, * Answer to the Reasons for Foreign Wars▪ ●. 51 Sir Robert Cotton enumerates them: But one Aid upon Land, viz. Anno 19 Out of their Goods and Lands a Tenth; out of their Goods only thrice a Tenth; Five Fifteen, besides a Tenth and Fifteenth, which amounted to 120000 l. Three Subsides, of which the last came to but 36000 l. One Benevolence. And of the Clergy twice the Tenth, and 25000 l. by way▪ of Subsidy; and yet Cotton says (for which he citys a good * Lib. Acquit. in't. Regem & Dudley,. R. C. Authority) That he left behind him in Bullion, Four Millions and a Half, besides his Plate and rich Attire of House. My Lord † Life of Hen. 7. p. 230. Bacon, indeed, brings the Sum lower, and says it was near Eighteen Hundred Thousand Pounds Sterling. But to reckon according to either of these Authors, the Sum was prodigious for those Times. 'Tis true, he had very extraordinary Ways of scraping up Money, such as Sale of Offices, Redemption of Penalties, dispensing with the Laws, and the like; but all these together produced only * Answer to the Reasons, etc. p. 52. 120000 l. per Annum. Besides, Empson and Dudley, the Two Ministers of his Extortions, did not commit their Rapines till towards the latter End of his Reign. From whence we may reasonably conclude, that the Principal Foundation of all this Wealth (joined with his own Parsimony) must have been the Crown-Revenue, and that the former Acts of Resumption with that which was made in his own Reign (which no doubt this frugal Prince took Care to see put in Execution) had reduced it to it's former State and Condition. For had no more been left than 5000 l. per Annum, there would have been no matter for his Oeconomy to work upon; so that we may very well infer, that the forementioned Resumptions had relieved the King's Affairs, and brought the Crown-Revenue once more into a flourishing Condition. But Henry the Eighth not only spent the immense Sum left him by his Father, but likewise a great Part of that Revenue which came to the Crown by seizing the Abby-Lands, which amounted to * Hist. of the Reform. Part 2. p. 268. 131607 l. 6 s. 4 d. per Ann. However, he who considers the History of those Times, and how much this Prince made himself the Arbiter of Europe, will find his Money was not so unprofitably spent as is vulgarly imagined. Besides, † Ibid. p. 269. great Sums were laid out on building and fortifying many Ports in the Channel, and other Parts of England, which were raised by the Sale of Abby-Lands. But notwithstanding the expensive Temper of this Prince, he left his Successors very sufficient and substantial Landlords in England: For we found in Sir Robert Cotton's Library, in a * Cleopatra, F. 6. Fol. 51. Book, part of which is of that learned Antiquary's own Hand writing, and to which King James the First has set his Name, James R. which Book contains very many curious Things: That the Revenue of the 12th of Elizabeth, besides the Wards and Duchy of La●c●ster amounted to 188197 l. 4 s. per Annum. The Writer of these Papers does not remember to have met with any Thing relating to Resumptions in the Reign of Queen Elizabeth; but the Reason why nothing of that Nature should be done in her Time, is very obvious; her Father had alienated from the Crown a great Part of the Abby-Lands, or exchanged 'em for other Lands (as a Multitude of Acts passed to that Purpose in his Reign Witness:) And it was a strong Security to the Protestant Religion and Interest, that those Estates should remain in the Hands and Possessions of private Persons. A Resumption was thought on in the Reign of King James the First, of which the forementioned Tracts of Sir Robert Cotton are a sufficient Evidence: Besides, in the † Annals of King Jam. p. 10. Annals of those Times, 'tis said to have been debated in Council. But in the Reign of King Charles the Second, a Resumption was again agitated, for we find in the Journals of the House of Commons, Martis 22 Die, Maii, 1660. A Bill for making void of Grants made since May 1642, of Titles of Honour, Manors, Lands, Tenements and Hereditaments, passed under several great Seals by the late King Charles, or the King's Majesty that now is, or any other great Seal, was this Day read the second Time, and upon the Question, committed, etc. And as a Mark that these Alienations of the Crown-Revenue were always distasteful to the People of England; and to show that the House of Commons desired, that a new Prince should betimes know the Nation's Sense in this Matter, we shall produce the following Resolves of that Parliament which restored King Charles. Martis 4 Die Sept. 1660. Resolved, That this House doth agree with the Committee, That a Bill be brought in for Settling the Lands of the Crown, so as that no Grant of the Inheritance shall be good in Law, nor any Lease for more than Three Lives, or One and Thirty Years, where a Third Part of the true yearly Value is reserved for a Rent, as it shall appear upon a Return of a Survey, which that Act is to take Order for, to be speedily had and taken, and that Mr. Solicitor General, and Mr. Serjeant Glyn, do prepare and bring in a Bill accordingly. Resolved, That this House doth agree with the Committee, That the King's Majesty be humbly desired from this House to forbear to make any Leases of the Lands, or other Grants of the Revenue of the Crown, till the said last mentioned Act be passed. And the Reason why these good Resolutions took no Effect, is not at all difficult to discover. 'Tis to be feared that too many (we mean without Doors) in those corrupt Times, not only were concerned in the Grant already made, but likewise did design, as it proved afterwards, to get for themselves what remained of the King's Lands. And now for a full Answer to those who pretend Resumptions had never any Effect, we shall produce a State of the Crown-Revenue, as it lay before the House of Commons the same Year. Martis die 4. Sept. 1660. ' Sir Heneage Finch reports from the Committee, That according to the best Information the Committee could receive, and by Estimate, the Revenue amountted to 819398 l. per Annum, viz. l. By Customs.— 400000. By Composition for the Court of Wards.— 100000. The Revenue of Farms and Rents.— 263598. The Office of Postage.— 21500. The Proceed of Dean Forest.— 4000 The Imposition on the Sea-Coal exported.— 8000. Wine-Licen●e, and other Additions.— 22300. Total 819398. From which Account it appears, that notwithstanding the Profusion of Henry the Eighth, and the irregular Bounty of K. James the 1st. to his Scots; the Land-Revenue of the Crown, which Anno 28. Hen. 6. when the Parliament made the first formal and regular Resumption, was reduced to 5000 l. per Annum, came afterwards (with the Forest of Dean) to amount to 267598 l. per Annum. Our Princes have seldom been known to purchase Lands. The Abby-Lands could not make this great Increase; besides, 'tis notorious, K. Henry the Eighth either sold or gave away a great Part of the Church-Lands: From all which it must follow by undeniable Consequence, that the forementioned Acts of Resumption did restore the Crown-Revenue, consisting in Rents and Farms, to the State and Condition, wherein it was in the beginning of King Charles the Second Reign. And Lastly, For their Satisfaction, who pretend Resumptions are against the Fundamentals of our English Law, we shall produce the Opinion of a Venerable and Learned Lawyer in this Point; 'tis taken out of a Book, written by Sir John Fortescue, Chief Justice of the Common-Pleas, in the Reign of Henry the Sixth. The Manuscript is in the Bodleian Library at Oxford; 'tis entitled, Sir John Fortescue's Treatise De Dominio Regali, and De Dominio Regali & Politico. But let the Author himself speak with his Old English Heart, as well as in his Old English Words. CHAP. XI. Hereafter is eschewed what of the Kyng's Lyvelood given away, may best be take again. Bib. Bodl. Digh. 145 — The King, our Souveraign Lord, had by times sethen he rained upon us Lyvelood, in Lordships, Londs, Tenements and Rents near hand to the Value of the 5th Part of his Realm, above the Possessions of the Chirche; by which Lyvelood if it had abydyn still in his Hands, he had been more mighty of good Revenues, than any of the said Two Kings' [sc. the King of France or the sultan of Babylon] or any King that now raineth upon Cristen Men. But this was not possible to have done, for to sum part thereof the Heirs of them that sum time owyd it be restored, sum by reason of Taylys, sum by reason of other Titles, which the King hath considered, and thought them good and reasonable. And sum of the same Lyvelood his good Grace hath given to such as hath servyd him so notably, that as their Renown will be eternal, so it befetteth the Kings' Magnificence to make their Rewards everlasting in their Heirs to his Honour, and their perpetual Memory. And also the King hath given part of Lyvelood to his most honourable Brethren, which not only have servid him in the manner aforesaid, but been also so nigh in Blood to his Highness, that it befet not his Magnificence to have done otherwise. Nevertheless some Men have done him Service for which it is reasonable that his Grace had rewarded them, and for lack of Money the King than rewarded them with Lond: And to sum Men he hath done yn likewise above their Demerits thorough importunity of their Sewtes. And it is supposed that to some of them is given a C l. worth Lond yearly, that would have hold him content with CC l. in Money if they might have had it in hand; wherefore it is thought if such Gifts and namely those which have been made inconsyderately, or above the Merits of then that have them, beware reformed, and they rewarded with Money or Offices or somewhat Lyvelood for term of Life which after their Deths would then return to the Crown, the King schuld have such Lyvelood as we now seek for sufficient for the Maintenance of his Estate. And if it would not then be so great, I hold it for undoubtyd that the People of this Lond wol be willing to grant him a Snbsidye upon such Commodities of his Realm as be before specifyd as schal accomplish that which schal lack him of such Lyvelood. So that his Highness' wol well establish the same Lyvelood then remaining to abide perpetually to his Crown without translating thereof to any other Use. For when that schal happyn hereafter to be given hit schal need that his Commons be charged with a new subsidy and be alway kept in Poverty. Hereafter is eschewed why it needeth that there be a Resumption. We found by great Causys it was needful, that all such Gifts as have been made of the Kings Lyvelood inconsyderately as not deservyd, or above the Merits of them that hath getyn them were reformed, so that they which have done Service be not over rewarded, which thing as me thynketh may not perfectly be done without a general Resumption made by Act of Parliament. And that there be gevyn the King by the authority of the same Parliament, a great subsidy with which his Highness with the Advice of his council, may reward those that have deservyd rewards, and ought not therefore to have part of his Revenues, by which his Estate must needs be maintained, or ought not to have so much of the Revenues as they have now, or not so great Estate in the same. Consydering that all such geving away of the Kings Lyvelood is harmful to all his Liege Men, which schal thereby, as is before schewyd be artyd to a new Charge for the Sustentation of his Estate. But yet or any such Resumption be made yt schal be good, that an honourable and notable council be establyshyd, by the advise of which, all new Gifts and Rewards may be moderyd and made, as if no such Gifts or Rewards had been made before this time. provided always, that no Man be harmyd by reason of such Resumption in the Arrearages o● such Lyvelood as he schal then have, which schold run after the Resumption, and before the said new Gifts and Rewards. And when such a council is fully create and establyshyd, hit schal be good that all Supplications which schal be made to the King for any Gift or Reward be sent to the same council and there debatyd and delibered. First, whither the Suppliant have deservyd such Reward as he asketh, and if he have deservyd it, yet it needeth, that it be delibered whether the King may give such Rewards as he asketh of his Revenues, saving to himself sufficient for the Sustenance of his Estate, or else such gevyng war no Virtue, but rather a Spice of Prodigality, and as for so much it war delapidation of his Crown. Wherefore no private Person wol by reason of liberality, or of reward, so abate his own Lyvelood, as he may not keep such Estate as he did before. And truly it war better that a private Person lacked his Reward, which he hath well deservyd, than that by his Reward the good Public and also the Lond were hurt; Wherefore to eschew these two Harms, hyt may than be advysyd by the council how such a person may be rewarded with Office, Money, Marriage, Fraunchise, Privilege, or such other thing, of which the Crown hath great richesse; and veryly if this Order be kept, the King schal not be be grevyd by importunity of Suitors, nor they schal by importunity or brocage obtain any unreasonable desires. O what mighty quiet schal grow to the King by this Order, and in what rest schal all his People live, having no Colour of grudging with such as schal be about his Person: As they were wont to have for the gyving away of his Londs, and for miscounceiling him in many other Causis, nor of murmur again the Kings' Person for the misgoverning of his Realm. The first Regular Resumption having been made in the Reign of Henry the Sixth, it seems by this Paper, which contains the Scheme of a Resumption, that the Act for resuming Grants, etc. passed 28 Hen. 6. was modelled by this able Lawyer, who was made Lord Chief Justice of the Common-Pleas 20 Hen. 6. and who we find to have been Chief Justice of the King's-Bench the * Rot. Parl. 28 Hen. 6. 28th Year of the same Reign. At the End of the Manuscript, out of which this was transcribed, is this Note: Explicit Liber compilatus & factus per Johannem Fortescue Militem quondam capitalem Justitiarium Angliae, & hic Scriptus Manu propria mei Adriani Fortescue Militis, 1532. Our Ancestors did not only take Care to help the Prince's Affairs by Acts of Resumption, but they likewise relieved him when he had been overreached or deceived in releaseth, or what we now call Privy▪ Seals; having an Eye that such as were Debtors or Accomptants to the King should not be discharged without making a fair and just Account; whereof we shall produce a Precedent, with which we shall close this Section. Rot. Claus. 8 Edw. 2. M. 11. Rex Thesaurario & Baronibus suis de scac●ario Salutem. Cum Praelati Comitos & Barones' ad ordinandum de Statu Hospitii & Regni nostri nuper virtute Commissionis nostrae inde factae Elerti inter caeter as ordinationes per ipsos factas & per nos approbatas Ordinaverint quod 〈◊〉 Donationes per nos factae ad Damnum nostrum & detrimentum Coronae, nostrae de terris Tenementis redditibus Custodiis & Maritagiis, ac etiam pardonationes & remissiones debitorum post 16. Diem Martii An. Regni nostri Tertio quibuscunque personis revocentur, & quod terrae tenementa redditus Custodiae & maritagia praedicta in Manum nostrum resumantur, & quod debita illa non obstantibus pardonitionibus & remissionibus praedictis leventur ad opus nostrum: Vobis mandamus quod scrutatis Rotulis & Memorandis dicti Scaccarii de hujusmodi Donationibus Concessionibus & pardonationibus post praedictum 16. Diem Martii In dicto Scaccario factis & inspecta quadam Schedula quam vobis super hoc mittimus sub pede sigilli nostri omnia debita in praedictis rotulis memorandis & Schedula contenta & per vos post praedictum 16. Diem Martii pardonata & remissa levari faciatis ad opus nostrum non obstantibus pardonationibus & remissionibus praedictis aut allocationibus ad dictum Scaccarium inde factis & d● Exitibus de terris & Tenementis Custodii● & Maritagiis praedictis provenientibus nobis ad dictum Scaccarium faciatis responderi Testa Rege apud Westm. 15 Die Martii. SECT. iv That several Ministers of State have been Impeached in Parliament for presuming to procure to Themselves Grants of the Crown-Revenue. IN the foregoing Section we have taken Notice how careful the Commons of England have all along been, to assist by Acts of Resumption, such of their Kings as had been injured by immoderate Bounty. We shall now go on to show how Parliaments have proceeded with the Instruments of their Profusion, and in what manner they have handled such Ministers of State as have either winked at, or promoted the Depredations that were made upon their Master's Revenue; and especially with those who ●n Breach of their Trust have ventured ●o enrich themselves with Spoils so little warranted by the Constitution of this Kingdom. The Records we have already cited sufficiently demonstrate that it was ever the Opinion and Sense of the People that the King should live upon his own, and that the Nation should not be burdened with unnecessary Taxes and Impositions. It appears likewise from the foresaid Records, that when the Crown has been impoverished by Gifts and Grants, new and extraordinary Courses of Raising Money have become unavoidable. It cannot be denied but that our King● have very anciently prescribed a Powe● of Alienating the Public Revenues, bu● it may admit of a Question, whether th● was not more de Facto than de Jure, an● 'tis not quite so clear that from the beginning it was so; on the contrary it ●ther seems one of those Incroachme● which Flattery and Compliance ha● supported. For it would not be difficult to ma● appear that in all these Gothick Governments founded upon the Principles 〈◊〉 Liberty, the Public Revenues we● esteemed to belong as well to the Kingdom as to the King. * De Repub. l. 6. Bodinus says was held as a Maxim in France, Th● the Propriety of the Crown-Lands was not in the Prince; That 'twas esteemed as a Fundamental in France, Spain, Poland and Hungary, that the Crown-Lands were not alienable: Which Opinion has been confirmed by Decrees of the Parliament of Paris. King Charles the V and VII. would not have the Crown-Lands engaged but by Consent of Parliament. * Vie de Charlemain▪ Mezeray says, Le Domaine des Roys, & ●eluy de l'Eglise, etoient inalienables. And that tho' their Kings were now and then constrained to make Grants, C'estoit a vie seulement, & a titre de Gratification; C'est pourquoy ils les nommoient des Benefices, mot qui n'est demeuré que dans l'Eg●ise. † Lib. 6▪ Bodinus says, all Monarchies and States have held it for a general and undoubted Law, That the Crown-Lands should be holy, sacred and inalienable; and that the Maxim is grounded upon this wholesome Policy, That ●e Wants of the Prince might not compel him either to overcharge his ●hole People with Impositions, or to ●ek for Wealth by confiscating the * Ibids Lewis XII. ●who was termed the Father of his Country) would not mix his Revenues ●nd Patrimony with what belonged to ●he Public, erecting separate Offices to that purpose. Sir * Cot. Post. p. 179. Robert Cotton, an Author of great Weight in all these Matters, says (as we have noted before) that in England our Ancestors held it impious to alienate the ancient Demean▪ Lands of the Crown. We have taken Notice, in the second Section, of the difference the Roman Emperors made between the Fiscus, and the Aerarium, the first of which was the private Patrimony, and in the other the People had a Right. Of this very Thing there are Footsteps in England. That is, there was anciently a Difference made between the Scaccarium and the Hannaperium, and * Spel. Glos. p. 278. Spelman seems to liken the Scaccarium or Treasury to the Aerarium, and th● Hannaperium or Hamper to the Fiscus Principis. † p. 331. Hannaperium] Fiscus 〈◊〉 sporta grandior in Cancellaria Regis, 〈◊〉 inferuntur Pecuniae é Sigillatione diplo●matum, Brevium, Chartarum Regiar● etc. provenientes. For this Branch of th● Revenue as we are informed, the Chancellor in old times did not account i● the Exchequer; it being looked upon 〈◊〉 the Prince's private Patrimony, or 〈◊〉 his Privy Purse, and so to be disposed 〈◊〉 without any Account. It was forme● a Clause in most Grants,— Sine ali●● Fine vel Feodo magno vel parvo nobis solvendo in Hannaperio. Which Fine went to the King's private Purse. Heretofore when much Land was in the Crown the Hamper yielded so considerable a Sum, as that it was thought fit to be included in all the Acts of Resumption; for large Pensions being begged out of it, the Parliament judged it their Duty to take care as well of what was reckoned the Princes Peculium, or private Patrimony, as of what belonged jointly to him and the Public, which was done in other Instances, as where they resumed Annis 3 & 4, 7 & 13, Edw. 4. his Family Inheritance of the Duchy of York and Earldom of March. But this difference, with many other good Forms of our old Government, is said aside. * Spel. Glos. p. 278. Nulla pené jam nobiscum habita Pecuniae Publicae & privatae distinctione, cùm sit utráque; in solius Princi●is Arbitrio. And from the time of William Rufus, our Kings have thought they might alienate and dispose of the Crown-Lands at Will and Pleasure; and ●n all Ages not only Charters of Liberties and Franchises have been given, but likewise Letters Patents for Lands and Manors have actually passed in every Reign. Nor would it have been convenient that the Prince's Hands should have been absolutely bound up by any Law, or that what had once got into the Crown, should have been for ever separated from private Possession: For then, by Forfeitures and Attaintures, he must have become Lord of the whole Soil in a long Course of Time; The Constitution therefore seems to have left him free in this Matter, but upon this tacit Trust, (as he has all his other Power) that he shall do nothing which may tend to the Destruction of his Subjects. However, tho' he be thus trusted, 'tis only as Head of the Commonwealth; and the People of England have in no Age been wanting to put in their Claim to that in which they conceived themselves to have a remaining Interest, which Claims are the Acts of Resumption that from time to time have been made in Parliament, when such Gifts and Grants were made, as became burdensome and hurtful to the Public. Nor can any Government or State divest itself of the Means of its Preservation: And if our Kings should have had an unlimited Power of giving away their whole Revenue, and if no Authority could have revoked such Gifts, every profuse Prince, of which we have had many in this Kingdom, would have ruined his Successor, and the People must have been destroyed with new and repeated Taxes, for by our Duty we are likewise to support the next Prince: So that if no Authority could look into this, a Nation must be utterly undone without any way of redressing itself; which is against the Nature and Essence of any free Establishment. Our Constitution therefore seems to have been, that the King always might make Grants, and that those Grants, if passed according to the Forms prescribed by the Law, were valid and pleadable against not only him, but his Successors. However at the same time 'tis likewise manifest that the Legislative Power has had an uncontested Right to look into those Grants, and to make them void whenever they were thought exorbitant. And therein wise Kings have given way, and not thought it dishonourable to join with their People in that which was judged to be for the Ease and Benefit of the major part. But because in Acts of Resumption the Legislature exerts itself in an extraordinary manner, and because 'tis a Cordial of a very strong Operation, and for that such Acts must of Necessity break into private Contracts, Marriage-Settlements, Sales upon a valuable Consideration, and in many other Instances, the Law has fenced the King's Revenue with Restrictions and wholesome Constitutions, it has prescribed Forms by which Grants and Gifts should pass, it has erected several Checks, and trusted those Checks in the Hands of high Officers of the Crown; And lastly, the Laws have called to Account, and seveerly punished many Men of great Birth and Figure for breaking down these Fences; by all which our Ancestors seem to have desired and designed preventing Mischiefs in their Growth, and that Recourse should be had to extraordinary Remedies as seldom as possible. And First, That not only his common Expenses, but that also his Liberalities might be supplied without diminution of the Capital, innumerable Laws did provide that he might be neither deceived in his Receipts nor in his Payments, besides which the Introitus and Exitus of the Exchequer was originally contrived with Check upon Check, and with all the Care and Art imaginable. But all these good Methods were very early overthrown by the Negligence of some Princes, but more through the Corruption of their Ministers. Henry the iv who had deposed his Predecessor, and who came in upon the Foot of Reformation, began to make Regulations, and restore some Order in the Revenues of the Crown. In the first Year of his Reign the Commons complained of outrageous Grants, and of great Sums of Money released to undeserving Persons, the King not perceiving the hurt done him at the time of the Grant. They pray that such Grants upon good Deliberation may be recalled, and that from thenceforth he would make no Grant but with the Advice of his Council. The King Answers, He will be advised by the wise Men of his Council. And thereupon several good Regulations relating to the Passing of Grants are established, but take the Record. 1 Hen. 4. Rot. Parl. Num. 98. Et aufyn qil ne soit deceux en les Grantes ou douns annuelx ou en fee, ou en ascunes Offices per luy a fairs ou a Granters, en temps avenir, il voet, de lassent des Seignours Esprituelx & Temporelx, & des Communes, qe touts ceux qi demanderont du Roy Terres Tenementes Rents Offices Annuitees ou autres profits qeconqes, facent express mention en lour Petitions de lafoy value de la choose ensi a demander, & auxi de ceo qe ils ont eue du donne le Roy, ou des autres ses Progenitours ou Predecessors per devant; & en cas qe ils ne facent tiel mencion en lour dites Petitions, & ceo duement proeve, soient les letters patentes du Roy ent faites nient vaillables ne de nulle force neffect, mes de tout revoqes, repelles & adnuelles pur toutz jourz au punissement de ceux qe ensi ount fait tiel deceit, ou Roy come ceux quy ne sont pas dignes denjoier leffect & Benefice des Lettres Patentes a eux Grantez en celle party. This Acts directs, that in the Petition to the King for any Gift or Grant, express mention shall be made of the true Value of the thing petitioned for, and that mention be made of what other Gift or Grant the Petitioner has had from the King or any of his Predecessors; and if all this be omitted, the Grant to be void. 4 Hen. 4. Rot. Parl. Num. 31. In the fourth Year of his Reign, He declares he will grant no Lands but to such who shall deserve them, as shall best seem to Him and Council; and if any make demand without desert, he shall be punished by the King and his Council, and not obtain his Suit. 11 Hen. 4. Rot. Parl. Num. 23. In the eleventh of his Reign, it was enacted, That all manner of Hereditaments which from thenceforward should fall into the Crown, should not be alienated but remain to the King. Thus did this wise King, by keeping the Life-Blood of the Body-Politick within its proper Veins, add to it so vigorous a Health, that his Son was in a Condition to attempt and succeed in the Conquest of France. And by his Resumptions, and by the good Order he had settled in his Revenues, he enabled Henry the V to go on in those great Undertake, without laying any extraordinary Burdens upon the People. * Answers to the Reasons for Foreign Wars, p. 47. Sir Robert Cotton says, That during Henry V Reign of nine Years, there was no Charge laid upon Land. Out of the Goods of the Commons, he received six times the tenth, and fifteenth entirely, and once two thirds only of staple Wares; A Subsidy once for four Years, and after for his Life: Three Shillings Tonnage, and 12 Pence Poundage for the like terms as the former Subsidies. And thrice he had the Tenth of his Clergy. All which was but very little, considering the great Actions he performed; but he himself was a wise Man, and his Father had left him an honest and able Set of Ministers. But long before either of these Reigns, the King's Revenue was a particular Object of the Parliaments Care; And they endeavoured to keep his Affairs within such a Compass, that the People might not be burdened with new Taxes; which they tried to bring about by the following Methods. 1. By Regulating the Expenses of the King's Court. * Edw. 2. Ex. Ang. M. S. Fol. 29. Anno 3. Edw. 2. An Ordinance was made, Pro Hospitio Regis, in ease of the People. A l'honneur de Roy & a son profit, & au profit de son peuple, selon droit & resonel serment que le dist nostre Signeur le Roy fist a son Coronement. * Rot. Parl. 36. Edw. 3. Anno 36. Edw. 3. The Household was regulated at the Petition of the People. † Rot. Parl. 1▪ Rich. 2. Num. 19 Anno 1. Rich. 2. The Household was brought to such a Moderation of Expense as might be answerable to the Revenues of the Crown▪ * Ex ordinat▪ in Rot. Act. Concil. An. 11 Hen. 4. marked R. R. Anno 11. Hen. 4. The Expenses of the King's Household were moderated; the Reason the Commons gave for it, was, Qe vous poiez viure le vos biens propres en eese de vostre Peuple. 2. By desiring the King to employ wise and able Men in his Affairs, as was done, * Rot. Parl. 6 Rich. 2. Part 2. Num. 16. Anno 6. Rich. 2. And by desiring the King to make use of such Persons as were renowned for Virtue, as was done, † Rot. Parl▪ 5 Hen. 4▪ Num. 19 Anno 5. Hen. 4. And by appointing certain Persons by Name to be of the Privy Council at the King's own desire, as was done, * Rot. Parl. 7 & 8. Hen. 4. Num. 31. 7 & 8. Hen. 4. for which the principal Reason given in the Record, is, the Improvement of the King's Revenue. Premierement pur la Conservation des Droits de nostre Seignour le Roy, & de sa Carone, & qe le Revenu dycell soient mieulx Coillez a son Profit & encrescez a tant come home poet justement le fair, a fyn qil poet le mieulx son honourable▪ Estate sustinir. And Note, that just before the Passing this Act, there passed an * Rot. ib. Num. 29. Act to Banish Foreigners. 3. By procuring the Banishment of Great Men, and particularly Foreigners, by whom the Money of the Nation was consumed. Thus the Weight of the People prevailed upon * Hen. 2. ex Gervas' Dorobern. Henry II. to banish William de Ipre Earl of Kent a Netherlander, and all his Countrymen, when they were become a Burden to the State. They prevailed likewise upon † Rich. 2. ex Rich. Canonico▪ in Vit. Rich. 1. Richard I. to send away Otho Earl of York, tho' he was his own Nephew, with all his Bavarians. And he took from Otho the Earldom of York, because it offended the People that a Foreigner should enjoy so high a Title; and in exchange he gave him the Title of Poictife. * Hen. 3. Ex lib. St. Alba & Will. Rishang. & lit. Baron Papae Henry III (as we have noted before) was compelled to Banish his half Brothers, the Earl of Pembroke and the Bishop of Winchester, who had more than any others helped to impoverish that profuse Prince. At the same time all the Poictovins were banished. Edward II. was necessitated to send away Pierce Gaveston, and others, as appears by his Ordinance. † Ex Ordinat. 3 Edw. 2. in lib. Legum Manuscr. ●ol. 285. Qe tout le Lineage sire Pieres Gaveston soit entirement ouste de estre entoins le Roy & de son Service, Item Burgois the Till soit ouste & son Fias qe est Mereschal d l'escheqer; Item qe Bertram Assabi & son Frere & ceux de Gascoigne, & Aimerick the Friscomband soint oustre & ses terres prizes en le main le Roy. In the 11th of * Rot. Parl. 11 Ri. 2. Part 1. Num. 28. Richard II. an Act of Parliament passed to banish the Bohemians who were Hangers on upon the Court, and helped to undo that unfortunate King. In the 5th of † Rot. Parl. 5 Hen. 4. from Num. 26. to Num. 31. exclus. Hen. IU. All Foreigners, except some few about the Persons of the Queen and Princes, are banished the Court, and the Reason given for it is that they were a Burden and Charge upon the King. Et qe le Houstiell de nostre dit Seignour le Roy ne feusse chargez ovesqe tielx estrangers. Mais qe ycell Houstiell purroit estre mis en bone & moderate Governance dont les Coustages purroint estre supportez des Revenues del royalme ovesqes autres charges necessaires. 4. By appointing Commissioners to inspect the Public Accounts, as was done in the Case of Furnival and Master John Pelham. These two Gentlemen, at the Parliament held at Coventry, had been made by the House of Commons particular Treasurers for certain Aids then granted towards carrying on the War. In the 7th and 8th of Henry IU. They pray to have leave to quit their Employments (a Modesty and Self-denial not very common in this Age) and that their Accounts might be passed, upon which the House of Commons directed Persons to audit and state the said Accounts. 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 comment, au Parliament nadgaires tenuz a Coventre, Thomas sire de Furnival & Mr. John Pelham furent assignez Tresorers pur les Guerres Come pierd the Record en Rolle de Parliament, puis qel Temps les ditz Tresorers ont desirez, & moult diligeamment purs●is as diverses foits a nostre Seigneur le Roy, & as toutes les Estates de ceste present Parliament, de estre deschargez de lour dit Office, & auxint ont suppliez as dits Communes, qe leur pleust de fair 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 Parliament. 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 Auditors, 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 Auditors, doier & terminer les Accompts des dits Tresorrers, du temps pass, Mesme yceux Comunes ont nomez certains People comprises en une cedule deliure per les dits communes en Parliament, tielx come leur semble necessaires en ceo cas, pur le pour estate 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 called afterwards) were, as the * Rot. ibid.▪ Num. 63. Record says, Ordeignez Tresoreres de les Guerres, or what we call Paymasters of the Army, and pressed the Parliament to take their Accounts: 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 observed. Qe pleise a vostre tres gracieuse Seignourie, the ordeigner qe les dits Auditors ensi nomez, soint Auditours de Record, eiants plein poair & authority du Parlement de Oier & Terminer le dit Account▪ & the fair Allowance as avant dits Tresorers; si bien de les Payments & deliurances par eux faits, per virtue & authority des vos Lettres & Mandements dessous vostre Seale a eux directs, pur les causes suisdits, & sur les Dependantz dycelle, Come de les Payments & Deliurances per mesmes le● Tresorers, per authority 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 Account. To which the King assented And it seems our Ancestors thought such a Commission necessary to hinder the Public Money from being embe●zel'd. 5. Parliaments have preserved the King's Revenue by enquiring into the Cause why some Branches yielded nothing, as in Edw. 3d's. Reign it was asked, Why Ireland was rather a Burden than a Profit to the Crown? The Commons desiring if the Fault lay in the Ministers, that they may be removed. * Rot. Parl. 21 Edw. 3. Num. 41. Item pleise a nostre Seignour le Roy fair● enqerer per bons Gents la Cause purqoi il 〈◊〉 prent profit de ce qil ad in Irland come to●● ses Ancestor's avoint Aid de luy & de l● Comune pur meyntenir sa guerre depuis qi● ad plus en Irland qe vulle de ses Ancestor's navoint, & si defaute soit trove en ses Ministers laundreit qe autrez y soient ordeignez en lour lieu, tieux qi voudreut respondr● a● Roy du Profit qil averoit dilloqes de reason. Resp. Il plest a nostre Seignour le Roy qe ensi soit. These were some of the Methods by which the House of Commons endeavoured to preserve the Crown-Revenue from the greedy Hands of those who were always desiring therewith to enrich themselves. But the King's 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 robbed so much to the Impoverishment of the People. The Constitution of the Exchequer; we may rather call it the Constitution of the Kingdom, has contrived 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 Expense of several Great Officers, who should be as so many Sentinels continually watching that the King may not be surprised 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 called Lord High Treasurer of England, whose first Step is to have a Particular of the Thing petitioned 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 deceived in the value of the Thing. The Petition is first referred 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 Expenses of his Wars, and the other necessary Charges of his Government, are not such, as for the People's Ease, and by the Rules of Justice ought for the present to restrain his Bounty. If the Thing to be granted be of great Value, if it cannot be given away without great Damage to the Crown, if by reason of such Gift he is hindered from paying his just Debts, or from having wherewithal to defray the Charges of the Government, or to provide for the Kingdom's Defence; or if by this and other Gifts he must be driven through the failing of his own Revenue, to lay heavy Burdens upon the People; 'tis 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 Sovereign 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 counsel the King, and his Counsel ye shall lain, 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 Sovereign 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 called the Crown-Revenue. If the Grant meets with no Objection at the Treasury, the King signs a Warrant directed to the Attorney or Sollicitor-General, who is another Great Officer, impowering him to prepare a Bill containing such a Grant. And if the Grant be of Money appropriated by Act of Parliament, or of Lands annexed to the Crown by Act of Parliament, or if the Grant be any ways illegal or prejudicial to the Crown, it is the Attorney or Sollicitor-General's Duty to advertise thereof. After Mr. Attorny has passed it, it goes to the Signet, the Custody whereof is in the Secretary of State, who being a Minister in high Office is presumed by the Laws to be watchful for the King's Good, and to inquire into all Matters relating to the Weal Public. He is presumed to be aprised 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 presumed to know the Discourses and Opinions of the People, and how such Grants are relished: If therefore the Person suing out the Grant has no Merit at all, or at lest no sort of pretention to so great a Reward, or if he knows the Public to be pressed with Wants and Debts; or if he hears that the People murmur at the Taxes which Profusion introduces, and Clamour to see the Nations Money wasted, by his Duty, as Privy Councillor, 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 presumed 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 ●●●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, etc. 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 Public Damage, and to the Diminution of his Prince's Revenue, has passed 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 accounted the Kingdom's, as well as the King's Officer, and there the Grant is completed; upon which score, in the Eye of the Law, this Great Minister is most looked 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 distressed, by any Means, as far forth as he may let; And if he may not let it, he is to make it clearly and expressly 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 obtained 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 ventured to pass outrageous Gifts, Douns Outrageuses, as the Records call 'em, whereby the Crown has been impoverished, have been heretofore, as we shall show by and by, questioned, impeached and attainted in Parliament. These were the ancient Steps in Passing Grants from the Crown, which were afterwards enforced 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. 'Tis 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 Grants shall be brought to the Principal Secretary, or to one of the King's Clerks of his Grace's Signet for the time being, to be at the said Office of the Signet passed accordingly. And be it also ordained and enacted, That one of the Clerks of the said Signet, to whom any of the said Writings signed with the King's most gracious Hand, or the Hand of any other aforesaid, or any of them, fortune to be delivered, may and shall by Warrant of the same Bills, and every of them within the space of eight days next after he shall have received the same, unless he have Knowledge by the said Secretary, or otherwise, of the King's Pleasure to the contrary, make, or cause to be made in the King's Name, Letters of Warrant, subscribed with the Hand of the same Clerk, and sealed with the King's Signet, to the Lord Keeper of the King's Privy Seal, for further Process to be had in that behalf: And that one of the King's Clerks of the said Privy Seal, upon due Examination had by the said Lord Keeper of the said Privy Seal, of the said Warrant to him addressed from the Office of the said Signet as afore, may and shall within the space of eight days next, after he shall have received the same, unless the Lord Keeper of the Privy Seal do give them Commandment to the contrary, make or cause to be made, by Warrant of the foresaid Warrant to the said Lord Keeper of the Privy Seal, Address from the Office of the Signet aforesaid, other Letters of like Warranty, subscribed with the Name of the same Clerk of the Privy Seal, to the Lord Chancellor of England, Lord Keeper of the Great Seal, Chancellor of the Duchy of Lancaster, Chancellor of the King's Land of Ireland, Treasurer and Chamberlains of the Exchequer, and Chamberlains of any of his Counties Palatines, or Principality of Wales, or other Officer, and to every of them, for the writing and ensealing with such Seals as remain in their Custody of Letters Patent or Closed, or other Process making, due and requisite to be had or made upon any the said Grants, according to the Tenor of the Warrant to them or any of them directed from the Officer of the Privy Seal, as is afore specified. These Cautions show how carefully our Constitution has provided that nothing shall be done which may turn in Despendium Regis aut Regni. But here some flattering Lawyers will affirm, That these Methods are Directive not Coerceive: Or, as Hobart says, † Hobart's Reports, Colt and Glover, P. 146. " That these kind of Statutes were made to put Things in ordinary Form, and to ease the Sovereign of of Labour, but not to deprive him of Power;" according to this Maxim of the same Judge, That * Lord Sheffeild, ver. Ratcliffe, p. 335. Dare Prerogativam est nobile Officium Judicis & Debitum. And truly, heretofore Westminster-hall did so order it, that these Fences, intended to keep the Public Revenues from the Hands of Spoilers, were all broken down, and that all these Statutes were evaded. For the Force of all these wholesome Laws was enervated by Clauses afterwards inserted into the Letters Patents, viz. Ex certa Scienta, mero motu, & Gratia speciali. Ex certa Scientia was very anciently made use of, but the words became more necessary afterwards to defeat the 1st of Henry IU. where 'tis enacted, † Rot. Parl. 1 Hen. 4. Num. 98. " That the true and express Value of the thing to be granted, shall be inserted in the Letters Patents, otherwise the Grant to be void." So that these words suppose the King to have certain knowledge in every Circumstance of the thing he is to give away, which happens very rarely to be the Case. But notwithstanding these words, if certain Proof can be made that the King was misinformed by false Suggestion, no Lawyer will say the Grant is good. Ex mero motu, imports the Honour and Bounty of the King, who Rewards the Patentee for Merit without his Suit. These words suppose the King to be truly apprised of the Person's Merit, and were brought in to obviate the 4th of Henry IU. whereby it was enacted, * Rot. Parl. 4 Hen. 4. " That no Lands should be given, but to such as deserved them; and if any made Demands without Desert, that he should be punished." And to the same purpose were added the words Ex Gratia speciali; yet more to denote that the Gift proceeded merely from the King's Favour, and not at the Party's Solicitation. But besides all this, because anciently it seemed a Fundamental, that the Crown-Lands were not alienable, and because all along Parliaments had complained of these Alienations, as looking upon 'em to be illegal, the Lawyers of old Times endeavoured to secure and cover all by a Clause of Non Obstante to be inserted in the Patents. These Clauses of Non Obstante were not known in our original Constitution. Matthew Paris says they grew rife in the Reign of Henry III Anno Dom. 1250. * Mat. Paris, p. 810. Sprsimque jam tales Literae, in quibus inserta est haec detestabilis adjectio: Non Obstante Priore Mandato, vel haec, Non Obstante Antiqua Libertate Suscitabantur: Then he goes on, Quod cum comperisset, quidam vir discretus tunc Justitiarius, scilicet Rogerus de Thurkeby, ab alto ducens suspiria, de praedictae adjectionis appositione, dixit Heu, heu, hos ut quid dies expectavimus? Ecce jam civilis Curia exemplo ecclesiasticae Coinquinatur, & a Sulphureo fonte intoxicatur. But this Clause grew more necessary after the 11th of Henry IU. when it was plainly and directly enacted, " * Rot Parl. 11 Hen. 4. Num. 23. That all manner of Heriditaments which from thenceforward should fall into the Crown, should not be alienated, but remain to the King." And this last Law being positive, unrepeal'd (as we know of) and still in force as much as Magna Charta, and the Doctrine of Non Obstantes seeming to be condemned by The Ast declaring the Rights and Liberties of the Subject, in these Words, " That the pretended Power of Suspending of Laws, or the Execution of Laws by Regal Authority, without Consent of Parliament is Illegal. That the pretended Power of dispensing with Laws, or the Execution of Laws by Regal Authority, as it hath been assumed and exercised of late is Illegal." There will arise a Question how far the Grants made, since the passing this Act 1 Gul. & Mar. are valid by the Laws; as they stand at present. For we may argue thus, It was enacted 11 Hen. iv That the Crown-Lands should not be granted away▪ However the Practice was otherwise, and the Grants were supported by Clauses of Non Obstante: But these Non Obstantes▪ or the dispensing with Laws in force, being declared Illegal, it should follow, that the Grants of Crown-Land made for these last ten Years are void in Law, and revokable at the King's Will and Pleasure. But 'tis left to the Gentlemen of the Long Robe to determine in this Point. However tho' this Doctrine of Non Obstantes (invented perhaps first to enlarge the Prerogative for the People's benefit, and made use of afterwards to extend it to the King and People's Damage) may have heretofore received Countenance in Westrninster-hall, there is another Place where in no Age it has met with Favour. And the Reasons why so many Resumptions have been made, might be, First, That it gave Offence to the Legislative Authority to see the Ministers make use of this dispensing Power. Secondly, That it appeared the Suggestions were wrong upon which the Grants were grounded: That is, that the Sovereign did not proceed Ex certa Scientia, namely, that he was surprised and misinformed in the value of the Thing given. That he did not proceed Ex mero motu, but that the Gift was wrested from him by his importunate and undeserving Courtiers. That he did not proceed Ex Speciali Gratia; but was rather induced to bestow the Favour, through the necessity of his Affairs, to quiet some great Man, or to please some powerful Party. And in all probability upon such, or the like Accounts, Parliaments have looked into Grants, and the best Princes have not thought it dishonourable to join in Revoking what had been thus Extorted from them. And as to the distinction which the Lawyers make between Directive and Coercive: Admit the Forms by which the Law has directed all Grants shall pass, should be only Directive to the Sovereign, and devised for his greater Ease and Safety, yet without doubt they are Coercive to his Ministers. No Lawgivers ever intended that a solemn Law, made upon mature Deliberation, and prescribing a Rule in high Affairs of State, should have no effect at all. But the 27 Hen. VIII. which Chalks out to the Secretary, Lord Privy Seal, and Lord Chancellor, the regular Steps they are to make in passing Grants, would be of no sort of signification, if they may pass per Saltum, and by immediate Warrant, without being entered in the several Offices. When Parliaments advise the Prince, 'tis humbly submitted to his Wisdom, whether or no he thinks fit to approve of their Councils: But when by a written Law they give Advice, and lay down Rules and Directions in Matters of State for the Ministers to walk by and observe, without doubt they intent, Advice so solemnly given, should be followed. Hitherto we have mentioned the Cautions, Provisions, Restrictions and Forms, which our Ancestors established, and made use of, to preserve the King's Revenue, by which the Public was to be supported. But notwithstanding all this, the Wickedness of Men was either too Cunning, or too Powerful for the Wisdom of the Laws in being. And from time to time Great Men, Ministers, Minions, and Favourites, have broken down the Fences contrived and settled in our Constitution; they have made a Prey of the Commonwealth, plumed the Prince, and converted to their own Use, what was intended for the Service and Preservation of the State. We shall therefore proceed to show, That to obviate this Mischief, the Legislative Authority has all along interposed with Inquiries, Accusations and Impeachments, till at last such dangerous Heads were reached. For as Courts have been watchful to Rob the Prince, so anciently the Barons, and afterwards Parliaments, from time to time have been as vigilant to prevent his Ruin, showing, in the progress of their Councils, great Wisdom mixed with Duty, and Temper joined with Courage. The first Great Person whom we find questioned since the Norman Government, was Ranulphus Bishop of Durham, who bore the Office, of what we now call * Dugdale Series Chronica, p. 1. Lord Treasurer of England, in the time of William Rufus. This Man had been the Principal Instrument of the Profusion, and of what is its Consequence, those Extortions that disgraced the Reign of Rufus: Of whose times William of Malmsbury speaking says, None were then Rich but such as dealt with the Exchequer, * Will. Malms. p. 123. Nullus Dives, visi Nummularius. This wicked Minister was brought to Punishment by Henry I. who cast him into Prison, and loaded him with Chains. Matthew Paris says, † Mat. Paris, p. 56. De Communi Consilio Gentis Anglorum posuit eum Rex in vinculis. Malmsbury gives him this Character, * Wil Malms. p. 123. Radulphus Clericus ex infimo genere hominum, Lingua & Assiduitate provectus ad summum; Expilator Divitum, Exterminator Pauperum, Confiscator alienarum Hereditatum. Invictus Caussidicus, & cum verbis, tum rebus immodicus, nec aliorum curaret odium dummodo complaceret Dominum. It seems he was a little insolent Fellow, who by his fluent Tongue and cringing at Court, had got Power enough to do much hurt in England: A mischievous Tool against the Public, as well as an Oppressor of private Men; Subtle to invent Wickedness, and Bold to put it in Execution, and one who would stick at nothing to raise himself. Matthew Paris speaking of him says he was, † Mat. Paris, p. 56. Homo perversus, & ad omne Scelus paratus, quem Rex constituerat Procuratorem suum in Regno ut evelleret, destraeret, raperet & disperderet, & omnia omnium bona ad Fifci Commodum comportaret. We have thus painted out this Statesman in the Colours as he is represented by those two Venerable Writers. And he so much resembles several bad Ministers, who, in the Ages since, have succeeded both to his Post and Power, that one would think they had chosen to take him for their Pattern. In the 5 of Edward II. Peers de Gaveston was accused in Parliament for having given the King ill Council, and for having cheated the King of his Treasure, and sent it beyond Sea, and for having Estranged the King's Heart from his People, so as he slighted their Councils, and for having removed all faithful Ministers, and placed only his own Creatures, or Foreigners about the King, and for having caused the King to grant Lands, Tenements and Offices to himself and his Heirs, and to divers other People, (insomuch that by his Wealth he was become dangerous) to the great damage and injury of the King and his Crown. For which he was Banished the Realm, so as if he returned he should be treated as an Enemy to the King, Kingdom and People. But take the Words of the Record because 'tis very curious. Rot. Ord. 5. Edw. 2. Num. 20. Purceo qe conve chose est, & per le examinement de Prelatz Countess & Barouns, Chivalers & autres bones Gentz du royalme trovez, qe Pieres de Gaveston, ad Malmevez & mal Conseillez nostre Seignour le Roy, & lad enticee a malfaire en divers Manieres & deceivances en accoillant a lui toute le Tresor le Roi, & lad esloigne horse du royalme, en attreant a lui royal Poer, & royal Dignity, come en alliance fair de Gentz, par sermentzes, de viure & 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 fair 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 Bailies du Roi, a lui et a ses Heirs. 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 fair au profit de li et de son People, come devant, encounter 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 fair, et menant le Roi en Terre de Guerre, sauz commun assent de son Barnage, en peril de son Corpse, et en destruction du royalme. 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' manners. Et ovesqe ceo nous eantzes regard a lez faits le tresnable Roi Pere le Roi qore est, par qi Agard, lavant dit Pieres forsjura le royalme d Engleterre, et voleit qe nostre Seignour le Roi son Fitz forjurast a touse jours la Campaigne de lui, et qi puis, par comun assent de tout le royalme, 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 returner, a ce se assentirent. Et ore certainement est troves son mal port, pur qeu●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 manners, de discords et perils eschuire. Nous ordeinous, par vertue de la Commission nostre Seignour le Roi a nous grantee, qe Peers de Gaveston, come apiert Enemy le Roy, et de son People, soit de tout exiles, auxi bien hors de royalme d Engleterre, d Escoce, d Irland, et de Galls, come de ●o●e la Seignourie nostre Seignour le Roy, auxi bien dela la mere, come de cea a touse 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 form susdite et nuelle parte aillours a passer et a voider: Et si le dit Pieres demoerge en le royalme d Engleterre ou welle part 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 deal 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 atteintzes. 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 conferred 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 banished the Kingdom. * 5 Edw. 2. Rot. Parl. Nu. 22. In the same Parliament Henry de Beaumond was likewise accused, for that to the damage and dishonour of the King, he had received 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 procured from the King to himself other Rents, Lands, Franchises and Offices; And for that he had procured 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 Judgement 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 summoned to Parliament, or called 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 seized into the King's Hands until the King should be satisfied, the full value of what he had received 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. accused for having prevailed upon the King to give Sir Henry Beaumond her Brother, and to others, Lands, Franchises and Offices, to the Damage and Dishonour of the King, for which she was ordered to repair to her own House, without ever returning to Court to make stay there. 'Tis true (as we have noted before) the King got this whole Act repealed 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 England. And what succeeded to this unfortunate Prince upon such an extraordinary Act of Violence is but too manifest. The Ministers and Promoters of all the Irregularities committed by that King were the two Spencer's Earls of Winchester and Gloucester, who were put to death in a tumultuous manner. * Col. 2547. Knyghton indeed says, the Earl of Gloucester was arraigned before Sir William Trussel justiciary. Dominus Hugo Spencer ductus coram domino Willielmo Trussell Justiciario areniatus est coram eo ad Barrum. One of the principal Heads of the Accusation against Hugh Spencer was, for that he had advised the King to give and grant unto the false Traitor the Earl of Winchester, Andrew Harkely, and to himself, Lands appertaining to the Crown in disherison thereof. * K●ygh●on Col. 2548. Hugh apres celle maveiste, vous Consellastes nostre Seignour le Roy, en desheritaunce de sa Coronne, a donor vostre Piere que fuist faux Traitor, le Conte de Wyncestre, & Andrew de Harkely Traitor notory & attaint, le Conte de Cardoyle. Et a vous Hugh la Terre de Cantermaure & altres Terres que furont proprement Appurtenancez a la Coronne. For which, and for other Crimes, he was condemned and Executed. Among the Articles exhibited in Parliament, Anno 4. Edw. 3. against Roger Mortimer Earl of March, two of 'em are for procuring to himself Grants of the Crown-Revenue. That he caused the King to make him Earl of March, and to give Him and his Heirs many Lands, in Disherison of the Crown. And that the said Roger caused the King to give to Him and his Children and Confederates, Castles, Towns, Manors and Franchises in England, Ireland and Wales, in decrease of the Revenues of the Crown. Judicium Rogeri de Mortimer. * Rot. Parl. 4 Edw. 3. Et a mesme le Parliament, per son dit Royal Poer a luy accroche, fist tante, qe nostre Seignour le Roy luy fist Conte de la Marchie, & luy dona plusours Terres, a luy, & a says Heirs, en desheritance nostre dit Seignour le Roy & de sa Corone. Item le dit Roger per son Royal Poer a luy accroche, fist le Roy doner a luy, & a says Enfantz, & a says Alliez Chastelx Villes Manoirs & Franchises en Engleterre, Irland & Gales en decrese de sa Corone. Rot. ibid. For this and for other Crimes, of which some were judged to amount to Treason, he was condemned to be hanged at Tyburn, and the Sheriffs of London were ordered to attend the Execution. In the 10th of Richard II. Michael de la Pool Earl of Suffolk was Impeached in Parliament upon several Articles, the Principal of which was, For that being Lord Chancellor, and sworn to promote the King's Profit, he had purchased of the King Lands, Tenements, and Rents of a great Value, against his Oath, and such Grants being more than he deserved, considering the great Poverty of the King and Kingdom. To which he answered that he had no Lands of the King, but since his being created Earl, and that by way of Exchange. To which the Commons replied, by showing the Oath he took when he was made Lord Chancellor, the Effect whereof was for doing Justice, observing the Laws, Councelling the King, and not to suffer any Damage or Disherison of the Crown, and that by all means he should promote the King's Profit. And hereupon because he confessed the Gift of the Lands to him whilst he was Chancellor, and that during the same time, the Exchange was made of good Lands, for a Casual Custom at the Port of Hull, they inferred that the same was not for the King's Profit, according to the Tenor of the Chancellor's Oath; And therefore they pray Judgement. The Judgement against the said Earl was, That for Breach of his Oath, all the said Manors and Hereditaments which he had of the King's Gift, should be seized into the King's Hands, together with all the mean Profits, saving to the Earl his 20 l. per Annum Creation-Mony in the County of Suffolk. But take the Words of the Record as far forth as they relate to the present Matter. Rot. Parl. 10 Ri. 2. P. 1. Num. 1. Premierement qe le dit Conte estant chancellor, & jure de fair le Profit du Roy, purchassa de nostre Seignour le Roy, Terres Tenements et Rents a grand value, come piert per Records Rolls de la Chancellerie, encontre son serment, La ou il n'avoit tant desservi, considerez la grante necessite du Roy, et du Royalme, et outre ce, a cause qe le dit Conte fust chancellor au temps du dit Purchasse faite les dites Terres et Tenements, furent extendus a meindre value qils ne veillent, per an. per grant some, en deceite du Roy. Rot. ibid. Nu. 6. Qand all premier Article de son Empechement, cest assavoir depuis qil estoit chancellor, qil deust purchasser certeins Terres du Roy, etc. Le dit Conte respond qe depuis qil fust chancellor il ne purchassa unqes nulles Terres ne Tenements du Roy, ne le Roy luy donna, ne all nullie des soins, nulles Terres ne Tenements, tant qe aux temps qe le Roy fist prendre l'estat du Conte, mes per voie de verrai Exchange, Cest assavoir qe come le dit Conte avoit CCCC Marcs annuelx sur la Custume de Kyngston sur Hull, per descente de Heritage, pur qeux il pleust au Roy d assigner au dit Conte Terres et Tenements a la value, et assignee et ordonna party devant qil fust chancellor, et partie depuis, et ce au profit du Roy, si bien annuellement come par Cause de une Some de mille Marcs paiees ou Roy per le dit Conte pour celle cause, etc. Then he proceeds to give several Particulars of the Agreement, and to set forth his Merits, and that the King made him take the Honour of Earl upon him without his seeking, and how he was persuaded to be Chancellor. But it seems the Parliament did not take his Answer to be sufficient; for the Commons replied in the Words following. Rot. ibid. Num. 8. Et les Communes replians all response du dit Conte del premier Article, Monstrent as Seignours lafoy Copy de son serment, fait qant il fust Creez chancellor, en manner quensuit. Vous Jurrez qe bien et Loyallement servirez a nostre Seignour le Roy, et a son People, en l office de chancellor, et droit feres as toutes Gens povures et riches, seloncles lois et usages du Royalme, et loyalement conseillerez le Roy, et son Conseil sellerez, et qe vous ne saverez ne sufferez le damage ne desberitison le Roy, ne qe les droitures de la Corone soient destruits per nulle voie, sy avaut come vous le poez destourber, et sy vous ne poez destourber, vous le ferez savoir clerement et expressement au Roy ensemblablement ove vostre loyal avis et Conseil, et qe vous ferez et purchasarez le profit le Roy par tout ou vous le purrez fair resonablement. Si dieu vous eide et les Seints Evangieles. Prient qe ce lu et bien entendu, et considerez les Circonstances de son dit response, sy bien, Cest assavoir de ce qe nad pas dedit, qe il ne receut du don le Roy, puis qil estoit fait Conte, estant en l office de chancellor, diverses Terres et Tenements come contenu est en le Empechement, come qil ad conus ouvertement qil recent du Roy autres Terres et Tenements qe sont certeins et seures, a la value de qatre Cents Marcs per an. en Exchange de qatre Cents Marcs annuels, qeux il avoit sur la Custume de King stone sur Hull qe sont casuels, et nemy sy seures, nient enformant le Roy clerement de son damage celle party, et comment qil ad dit, qil receut parties desdites Terres et Tenements issint pris en change devant qil estoit chancellor, les Communes dient qil estoit lors du Prive Conseil du Roy, et a ce jurez, et puis en la Creation del Office de chancellor astrict de Novel per serement, et il en cel Office Agreant as Exchanges par luy devant suppliez, priest et receust du Roy le remenant desdites Terres et Tenements en plein perfourmessement des Exchanges susdits et demandent Judgement du Parlement surtout son responce des susdits. So that for▪ the Insufficiency of his Answer the following Judgement was given. Rot. ibid. Num. 13. Et purce qe le dit Conte ne allegea point ●n son response qil observe le effecte de son ferement, & en ce qil jurrast qe il ne saveroit ni ne suffreroit le damage, ne la desheritison du Roy, ne qe les droitures de la Corone fussent destruits, par uulle voie, sy evant come il les poiast destourber et si il ne les poet destourber il le feroit savoir derement & expressement au Roy ensemblablement, ove son loyal avise & Counseil & qil feroit & purchasseroit le Profit le Roy per tout ou il le pourroit fair resonablement; Et il tant come il estoit ainsy principal Officer du Roy, Sachant le Estate & necessity du Roy & du Royalme, priest du Roy tiels Terres & Tenements come est suppose par le Empechment, a luy en le dit premier Article surmis, & comment qil alleged en son responce qe les dons a luy issint faits furent confirmez par plein Parliament, il ny a nul tiel record en Roulle de Parliament. Purquoy Agardez est, qe tous les Manoirs Terres & Tenements, Rents, Services, Feos, Avoesons, Reversions & Profits; ove lour Appurtenances per luy issint receus du Roy, soient Reseisez & reprises en les Mains du Roy a avoir & tenir a nostre dit seigneur le Roy, et ses Hoirs sy pleinement & enheritablement come il les avoit & tenoit devant le don eint fait all dit Conte, et qe toutz les Issues et Profits ent receus ou leves all Oeps du dit Conte en le mesme temps soient levez all Oeps nostre Seignour le Roy des Terres et Chastelx du dit Conte illoques et aillours. Mes ne est pas le Intention du Roy, ne des Seignours, qe celle judgement sestende de luy faire perdre le nom et le Title de Conte ne les vingt liures Annuelx quex le Roy luy grana prendre des issues du Conte de Suffolk, pur le Nom et Title avantdits, Et outre purceqe le dit Conte nadpas dedit qil nestoit du prive Conseil du Roy, et a luy jure quand il demanda primes du Roy la dit Exchange estre faite, et ad conu qe devant les dites Exchanges perfourmes il fut fait Chanceller en qel Office il fust astrict per son serement faite en la forme avant dite. So that it appears plainly from this Record, That King, Lords and Commons, took it to be a Crime in the Lord Chancellor, and against his Oath, to take Lands in Gift or in Exchange from the King; for upon the Chancellor's Oath the Judgement was grounded, it being in those Days thought and understood, that he who was sworn to purchase the King's Profit, should not enrich himself with the Revenues of the Crown, and as the Record says, that he chief ought not to do so, who was le Principal Officer, and who knew the State and Necessities both of King and Kingdom. And it was a very odd Circumstance of those times, that the Legislature should be necessitated to relieve the King against Frauds committed by the Principal Judge in Equity, and by the Keeper of his Conscience. Anno 11. Rich. II. The Legislative Authority was not satisfied with what had been done the Year before against this Chancellor, but it was thought fit to proceed farther against Him and other bad Ministers who had attempted to overthrow the Constitution of this Kingdom. The Duke of Gloucester Uncle to the King, and Constable of England, the Earl of Derby, the Earl of Arundel, the Earl of Warwick, and Thomas Earl Marshal, accused Michael de la Pool and others of High Treason; the Term then used was they Appealed 'em of Treason. * Rot. Parl. 11 Rich. 2. p. 2. m. 7. Thomas Duc de Gloucester Constable d Engleterre, Henry Conte de Derby, Richard Conte de Arundel & de Surry, Thomas Conte de Warwick, & Thomas Conte Marshal, Appellons Alesandre Ercevesque Deverwik, Robert de Verr Duc d Irland, Michael de la Pool Conte de Suffolk, Robert Treselian faux Justice, & Nicholas Brembre faux Chivalier de Londres, de Hautes Trahisons par eux faits enc●ntre nostre Seignour le Roy & son Royalme, Come Traitors & Enemies du Royalme. Qeux Appel & Trahison sont declarez Appointex & Specesiez pleinement, sy come est contenu en diverses Articles desous Escripts. Et Priont qe les dits Appelles' soient demandez, et qe droit et Justice ent soit fait en cest present Parliament. Then these Lords exhibited against Michael de la Pool, and the rest, 39 Articles of High Treason. In the 5th, 6th, and 7th Articles, they are accused for having procured to themselves and others, and to their Kindred, Grants of the Crown-Lands in England and Ireland, besides Gifts of Money to the Value of above One Hundred Thousand Marks, by which the 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 b●en anexes a sa Corone, come autres, sy come la Terre de Irland, & de Okeham ove les Forests dicelle, & autres Terres, qe furent all 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 povure, & ne ad dont i● se pourra soutenir & porter les Charges du Royali●●● sinon per Impositions Taxes ou Tributs ●ettre & prendre sur son People en d●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 affinity, et as autres diverses Persones des qeux ils ont pris grands dons pur Brocage pur y●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 ●●nne tres grands sums dor et d argent, sy bien de ses biens et Joiaux propres, co●e 〈◊〉 biens et Tresor du Royalme, sy come des Dimes & 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 Parliament sy bien pur les Gurres come en defence du Royalme ont ilz destourbes, en grande Arrerisement du Roy et du Royalme. The Persons accused were summoned 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 Ri●●. 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, etc. Le Duc et Cont Appellants, prient au dit Roy nostre Seignour, et aux dits Seignours, du Parliament qils violent Recorder le default, etc. After which the King and the Lords took time to deliberate upon the Matter. Then the Judges, Sergeants and Civilians were called, for to deliver their Opinions in Law; who said the Appeal was not in the Forms required, either by the Common or Civil Law. To which the Lord's answered, 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 itself. — * 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, the donor loyal Conseil as Seignours du Parlement de devement 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 Parliament, 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 touch la Persone du Roy nostre dit Seignour, et l estate de tout son Royalme, perpetre per people 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 Signior du Parlement et a lour Franchise et Libertee d' auncien Custume du Parliament desires Jugges en tieux case, et de tieux case ajugger per assent du Roy, et qe ensy sera fait en cest Case per Agarde du Parliament: 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, govern per la Ley Civille, et auxint lour intent rest pas de ruler ou Gouverner si haute cause come cest Appel est, qe ne sera aillours try ne termine qen Parliament, come dit est per course Process 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 Parliament. 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 Process dicelle bone et effectuell, selonc les Leys et Cours du Parliament, et per tiel lagarderont et adjugeront. Et a mesme jour le Roy nostre dit Seignour et Seignours du Parliament, seants en la dite blanch sale en plein Parliament les ditz Appellants prieront qe le Defaute des ditz Ercevesqe Duc Cont et Robert Tresilian, Appellees comme devant, feuse Record. After which the Persons accused were again summoned, and appeared not, but alleged, (as we may suppose by their Council, for here the Record is silent) That they had not sufficient Notice of the Matter contained in the Appeal. Upon which the Parliament proceeded to Judgement. In which the Judgement was, That several of the Articles against the said Persons contained High Treason, of which the Parliament pronounced them Guilty; And that they were guilty of the Crimes laid down in these other Articles, which were not judged 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 Commandment 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 feurier, & 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, & Liege's du Roy, est aussy. Treason & qe les 28, 29, 30, 31, 32, 37, 38, 39 de mesme le Appel, sont aussi Treason, come est remember en le avant dit roulle, du dit Appel. Et troveront per due 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 touch. Et auxint qils sont coulpables en touts les autres Articles contenus en le dit Appel, nient declares au present pur Treason, cest assavoir chacun deux en chacun Article qe luy touch, en presence du dit Roy nostre Seignour, et Seignours du Parliament Temporels, seant en la dite blanch sale en plein Parlement mesme le jeudy le 13 jour du dit mois de Feurier, les dits Duc & Contes Appellants prieront as dits Roy nostre Seignour & Seignours' du Parliament illoques estants qe les dits Ercevesqe, Duc Conte et Robert Tresilian Appelles come devant fussent adjuges convicts de les hautes Trahisons contenus en ●e dit Appel. judgement Rot. ibid. Parqoy les dits Seignours du Parliament 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 Treasons contenus en les dits Articles, declares pur Treason, come devant, Et Agarderont qe mesmes les dits Duc, Cont, Robert Tresilian, appelles come devant, fussent Treinez et penduz come Traitors 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 Heirs 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 Impeached 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 oprese. 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 returned after his first Disgrace, the Duke of Ireland returned with him. About this time that the Ministry might be complete, 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 Ford 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 Show of whatsoever he spoke or did: And rising from a mean Estate to so high a pitch of Honour, he exercised 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 removed from the Council, and turned out of his Office of Treasurer. We have dwelled 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 suppressed and choked before. Thomas of Walsingham calls him Michael at 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 at Pole, quondam Comes Southfolchiae Regnique Cancellarius sed nunquam Consiliarius, concessit in fata Parisiis, merito perfidum evomens Spiritum in terra peregrina. Simon de Beurle whom the Commons had Impeached that Parliament, was beheaded at Tower-hill. His being Knight of the Garter exempted him from a more ignominious Sentence that was pronounced against him. This Man's sudden Rise from 20 Marcs to 3000 Marcs per Annum, drew the Hatred of the People upon him. * Knyghton Col. 2727. Dominus de Burlee qui de Patrimonio haereditario expendre non valuit ultra XX Marcas, sed in paucis annis in obsequio praedicti Regis crevit ad ultra valorem trium mille Marcarum annui proventus. Some perhaps will object, That in the 21 Rich. 2. most of what had been Rot. Parl. 21 Ri. 2. Num. 47, 48. done 10 and 11 of the same Reign was repealed. 'Tis true the Fact is so, For Richard, after he had treacherously got into his Hands the Duke of Gloucester his Uncle, and after he had imprisoned the Earls of Arundel and Warwick, the only three Lords in whom the People placed any Confidence, the Nation was quite disperited, insomuch that the King was able to pack a Parliament; which yet could not be brought to do his Business, till it was adjourned from Westminster to Shrewsbury. There he did what he would by the Help of Sir John Bushie (than Speaker of the House of Commons) Sir William Bagot, and Sir John Green, of whom Sir * Life of Hen. 4. P. 84. John Hayward says, " These were then in all the Credits and Authority with the King, and his chiefest Schoolmasters, both of Cruelty and Deceit: They were proud, arrogant and ambitious, and upon confidence of the King's Favour, professed Enemies to Men of ancient Nobility; to the end, that being lately start up, they might become more famous by maintaining Contention with great Persons. And first by their importunate Travail all the Charters of Pardon, granted by the King were in this Parliament annulled and revoked." These Pardons were revoked while the Parliament sat at Westminster, where Thomas Arundel Archbishop of Canterbury was banished, and his Temporalities seized: All the other▪ irregular Matters were transacted at Shrewsbury▪ But what was the End of all this Violence, and breaking in upon the Rights of Parliament? 'Tis seen in the Story, the People thereupon grew so discontented that Henry Duke of Lancaster was encouraged to come and invade the Kingdom with some few Friends, and of Soldiers, only fifteen Lances in his Company, who was cheerfully embraced by the whole Nation. One of the first Things done in the Reign of Henry the 4th was to Repeal all that had passed at the Parliament held at Shrewsbury, and to affirm all that was done 11 Rich. 2. * Rot. Parl. 1 Hen. 4. Num. 66 & 67. Qel Parliament feust tenuz pur Grand honur et Comune Profit de tout le Royalme. And here 'tis to be noted, That in the First Article against King Richard II. when he abdicated the Throne, 'twas objected to him, That he did wastefully spend the Treasure of the Realm, and had given the Possessions of the Crown to Men unworthy, by reason whereof new Charges were laid on the Necks of the poor Commonalty. But take the whole Article. * Rot. ibid. Num. 18. Imprimis abjicitur Regi Richardo, quod propter malum regimen suum videlicet bona et Possessiones ad Coronam suam spectantia, etiam personis indignis donando, et alias indiscrete dissipando, et ob hoc collectas et alia Onera gravia et importabilia Populo sine causa imponendo, nec non alia mala iunumer abilia perpetrando, alias de assens●●, et mandato suis per totu● Parliamentum ad gubernationem Regni certi Praelati et alii Domini temporales erant electi, et assignati, qui totis viribus suis circa justam Gubernationem regni, propriis sumptibus suis, fideliter laborarent, tamen Rex facto per eum Conventiculo, cum suis complicibas, dictos dominos tam Spirituales quam Temporales circa Regni utilitatem occupatos de alta Proditione impetere proponebat Justiciarios Regni ad suum nefandum propositum roborandum metu mortis et cruciatus Corporis violenter attraxit, dictosdominos destruere satagendo. The Fate of Michael de la Pool could not work upon his Grandson William de la Pool, so as to make him a better Man towards the Public. For we find this William Duke of Suffolk, treading in his Grandfather's Steps, and so acting in his Ministry, as to provoke an Accusation from the House of Commons. The Grants out of the Crown Revenue which he had procured for himself, and those of his Alliance and Party, occasioned so much popular Anger, that in the 28 Year of Henry VI he drew upon himself an Impeachment, the first part of which contains Matter of High Treason; in the second part he is accused of divers great Offences, Misprisions, untrue Labours, and false Deceits; but we shall only take notice of those Articles which relate to our present Subject. Rot. Parl. 28 Hen. 6. Num. 28. To the King our sovereign Lord showeth, and with dolorous Lamentations complaineth your true faithful Subgettes and Commons being in this your present Parliament, by your Commandment Royal, That William de la Pole, Duke of Suffolk, hath done, and caused to be done, ayents your Regalie, Honour, Estate and prosperity of your moost noble Person, and the We'll of your true Subgettes of your Reams of england, and France, your Duchies, Guienne, and Normandy, and other Places under your Obeisance, divers great Offences, Misprisions, untrue Labours and falls Deceit's in Manner and Form ensueying. Num. 29. First, The said Duke the 16th Year of your Reign, then being next and Pryvyest of your Counseil, and Steward of your Household, then and many Years seth, for covetise of great lucre of good singularly to himself, stirred and moeved your Highness, the said 16th Year, Ye thenne being in prosperity, and having great Possessions, to yeve and grant moche party of your said Possessions to divers People in your said Ream of england, by the which ye be gretely empoverished, the Expenses of your honourable Household, and the Wages and Fees of your menyal Servants not paid, your wardrobe, the Reparations of your castles and Manners, and your other ordinary Charges were not had satisfied nor do, and so by his subtle Counseil, importune and unprofitable Labour, to your moost High and Royal Estate, the Revenues of the Demesnes and Possessions of your Corone, your Duchy Lancastre, and other your inheritances have be so amennsed and amentysed, that your Commons of this your Ream have be so ymportably charged that it is nigh to their final Destruction. Num. 30. Item, The said Duke havying always inordinate Covetise, hath by sotill means and sinister Suggestions, for his especial availle, caused you to grant many Privileges Fraunchises, etc. Num. 31. Item, The said Duke, for the singular enritching of his Niece, and her husband, Son to the Capidawe, caused you to make the said Son Earl of Kendale, to give him great Possessions and inheritances in england, and over that to grant him dyvers castles, Lordships and great Possessions in your Duchy of Guienne, to the yearly value of one thousand pound and more, etc. Num. 32. Item, The said Duke, within this your Ream, hath untruly Counseilled you to grant from you, without due Consideration the Castle of Mawlyon de Sool in Guienne, etc. The Five next following Articles relate to his Transactions in Foreign Parts, which we omit. Num. 38. Item, Whereas well full many Quinsismes Dimes Subsidies of Merchandises and other Charges have been granted to you by the Commons of this your Ream assembled in your Parlements, as Dimes and other Charges spiritual, have been granted to you by the Clergy of this your Ream, for the defence and tuytion of the same, and the safe kepying of the Sea, the said Duke of Suffolk hath caused great party of the Revenues hereof to been applied to other Use and Dispense, to you not Profitable; and so the defence of this your Ream, and the safe keeping of the Sea not had nor kept, to our great empoverishyng and hurt of this your Ream. Num. 39 Item, The said Duke of Suffolk hath caused the French Queen to have of the Revenues of this your Ream, etc. Num. 40. Item, That where the Lord Sudeley, late your treasurer of this your Ream, the time of his departier out of his said Office, of his great Troth and Prudence for the defence of your said Ream, and support of the Charges necessary of the same, left in your treasury in ready Money and sure payment the some of 60000 l. of Quinsismes and Dimes, and other Revenues of this your Ream, which Money, if it had be well dispended, and to such intent as it was left fore, in your Tresourie, would gretely have helped to the Defence of the same, the great part of which 60000 l. by the Labour and Means of the said Duke of Suffolk, hath been myscheavously yeven and distribute to himself, his Friends, and Wele-willers: For lack of which treasure no army nor competent ordinance might be sufficiently in due time purveyed for these Premises. Num. 41. Item, the said Duke of Suffolk, by his full cumbrous Suit, and falls coloured Suggestions, without eney Merit or deserving, hath obtained of your Geft to him in Estate of Enheretaunce the earldom of Pembroke, the Reversion of the Lordship of Haverford West, after the Death of Sir Rowland Lenthale with other great castles and Lordships, as well in england as in Wales, and dyvers great Wards and Marriages of Heirs, and their inheritances, in special of Margerette Doughterr and Heir of John late Duke of Somerset, by which ye have had over great damage, for it would have sufficed to a great part of the Expense of your Household. The next Article relates to his having embezzeled several Bonds remaining in the Treasury. The next to his having embezzeled several Writs. The next for his having procured an irregular Pardon for William Tailleboys a Debtor to the King. Which Articles being long we omit. Num. 45. Item, The said Duke conceyving himself to be with you privyest, and best trusted, by full many Years hath presumed upon himself to name to your Highness, and caused to be made dyvers People Shirreves of many your counties, in this your Ream, some for lucre of good, and some to be appliable to his intent and Commandment, to fulfil his Desires and wittings, for such as him liked; to th'intent to enhance himself and have over great and unfytting Rule in this your Ream: Whereof ensued, that they that would not be of his affinity in their Countries, were every Matter, true or falls, that he favoured, was furthered and speed, and true Matters of such People as had not his Favour, were hindered and put abakke, Perjuries thereby increased, many of your true Liege's by his Might and help of his Adherents disherited, empoverished and distrowed, etc. The next Article relates to one of his Foreign Transactions. Num. 47. Of all which Offences, Misprisions and untrue Labours, and false Deceit's, in the said Atticles specified, We your said Commons Accuse and Empeche the said Duke of Suffolk. And in the most humble wise beseech and pray your Highness, that this been enacted in this your high Court of Parliament. And that it may be proceeded upon the Premises against the said Duke, during the same Parliament, as the Matters and Causes forefeid requiren, in Conservation of Justice, to the singular Comfort of all your Liege People, your rightwiseness considering that the said Misprisions, Fawtes and other full untrue coloured Counseils and myscheivous deeds of the same Duke, which to rehearse were overlong, and to diffuse have been the Ground and Cause of the Subversion of your Laws and Justice and Execution thereof, and to the nigh likely Destruction of this your Ream and other Places under your Obeisance. Num. 48. The 9th of March the Duke was brought from the Tower, where the Accusations and Impeachments of the Commons were declared to him, of which he desires a Copy. Num. 49. The 13th of March the Duke was again brought before the Lords Spiritual and Temporal, where, kneeling, he answered all the Articles of Treason by himself, and utterly denied them. Num. 50. The 14th day of March the Chief Justice rehearsed to all the Lords by the King's Commandment, saying, that it is well in your Remembrance, in what wise the Duke of Suffolk demeaned him here yesterday, And upon that axed a Question, What Advyse the Lords would yeve to the King? what is now to do furthermore in the matter, which advise was deferred unto Monday than next coming, on the which Monday was noothing done in that matter. Num. 51. Memorandum, That on Tuesday the 17th day of March the King sent for all his Lords both spiritual and temporal then being in Town [then the Lords present are recited] into his innest Chamber, with a Gabill Window, over a Cloister, within his Paleys of Westminster, and whenn they were all assembled, the King sent for the Duke of Suffolk, the which Duke, whenn he came into the Kings Presence, he kneeled down, and so he kneeled continuelly still, unto the time the Chancellor of Englond had said to him the Kings' Commandment, in Form that followeth. Sire ye be well remembered, when ye were last in the Kings Presence and his Lords of your Answers and Declarations upon certain Articles touching Accusations and Impechements of great and horrible things put upon you by the Commons of the Lond assembled in this present Parliament, in their first Bill presented by theym to the Kings' Highness, and how at that time ye put you not upon your Parage. What would ye say now further more in that matter. And the said Duke answered and said, they were too horrible to speak more of them, and said openly to the King, and all the Lords, that all the Articles comprehended in the said Bille touching the Kings' high Person and thestate of his Royalme, he trusteth to God he hath answered him sufficiently for he hath denied the Days, the Years, the Places, and the Commumications had, which were never thought nor wrought; saying utterly they ben●fals, and untrue and in manner impossible, for he said so great things could not be done nor brought about by himself alone, though that other People had done her party, and be privy thereto, as well as he, and he took his Soul to perpetual Damnation if ever he knew more of thoo Matters than the Child in the Moders Womb. And so he not departing from his said Answers and Declaration, submitted him holy to the Kings Rule and Governance, to do with him as him list, wheruppon the said chancellor by the Kings Commandment said unto him again in this Form. Sire y conceyve you that ye not departing from your Answers and Declarations in the Matters aforeseyd, not putting you upon your Parage, submit you holy to the Kings Rule and governance. Wherefore the King commandeth me to say you, that as touching the great and horrible things in the said first Bille comprised, the King holdeth you nether declared nor charged. And as touching the second Bille, put against you touching Misprysions which be not Crymynal, the King by force of your Submission by his own advise, and not reporting him to thadvyse of his Lords, nor by weigh of Judgement, for he is not in place of Judgement, putteth you to his Rule and governance, That is to say that ye, before the first day of May next coming, shall absent yourself out of his Ream of Englond. And also from the said first Day of May unto the end of five Years next following, and fully complete, ye shall abstain to abide in the Ream of France, or in eny other Lordships or Places being under his Obeisance whersoever they be. And that ye shall not show nor wait nor no Man for you, as far forth as ye may let it, no malice evil will, harm ne hurt to eny Person of what degree he be of, or to eny of the Commons of this Parliament, in no manner of wise, for eny thing done to you in this said Parliament or else where. And forthwith the Viscount Beaumont, on the behalf of the said Lords both Spirituels and Temporelx, and by their advise Assent and Desire recited said and declared to the Kings' Highness, that this that was so decreed and done by his Excellence, concerning the person of the said Duke, proceeded not by theyre advise and Counseil, but was done by the Kings own demeanaunce and rule, wherefore they besought the King that this their seiing might be enacted in the Parliament roll, for their more declaration hereafter, with this Protestation, that it should not be nor turn in prejudice nor derogation of them, their Heirs ne of their Successors in time coming, but they may have and enjoy theyre Lybertee and Freedom in case of their Parage hereafter, as freely and as largely as ever they or eny of theyre Ancestors or Pedecessours had and enjoyed before this tyme. Thus William de la Pool, Duke of Suffolk, the King's Favourite and the Queen's Minion, was impeached by the Commons, and banished by the Regal Authority. Graft. Chron. p. 609. Grafton speaking of him, says, He was notorious for enryching Himself with the Kings Goods and Lands, gathering together and making a Monopoly of Offices, Fees, Wards and Ferms, by reason whereof the Kings Estate was greatly minished and decayed, and he and his Kin highly exalted and enriched. Ibid. p. 610. Besides the same Author says, He had dipped his hands in Blood, having been a chief Instrument in contriving the Murder of Humphrey Duke of Gloster. But Sanguinary Men seldom escape unpunished, for this Duke of Suffolk had his own Head struck off upon the side of a Cockboat by a Servant belonging to the Duke of Exeter. Cot. Post. p. 280. In his Speech to the House of Commons. Sir Robert Cotton citys an Old Author, who gives an admirable Description of those times. He says, I will tell you what I found since this Assembly at Oxford, written by a Reverend Man twice Vice Chancellor of this Place: his Name was Gascoin; a Man that saw the Tragedy of De la Pool: He tells you, that the Revenues of the Crown were so rend away by ill Council, that the King was enforced to live deTallagiis Populi: That the King was grown in debt quinque centena millia librarum: That his great Favourite, in treating of a foreign Marriage, had lost his Master a foreign Duchy. That to work his Ends, he had caused the King to adjourn his Parliament In villis & remotis partibus Regni, where few People, propter defectum hospitii & victualium, could attend, and by shifting that Assembly from place to place, to enforce (I will use the Author's Words) illos paucos qui remanebant de Communitate Regni, concedere Regi quamvis pessima. When the Parliament endeavoured by an Act of Resumption, the just and frequent way to repair the languishing State of the Crown (for all from Hen. 3. but one, till the 6 of Hen. 8. have used it) this great Man told the King it was Ad dedecus Regis, and forced him from it: To which the Commons answered, although Vexati laboribus & Expensis, quod nunquam concederent Taxam Regi, until by Authority of Parliament, Resumeret actualiter omnia pertinentia Coronae Angliae. And that it was Magis ad dedecus Regis, to leave so many poor men in intolerable want, to whom the King stood then indebted. Yet could not all good Council work, until by Parliament that bade Great Man was banished, which was no sooner done, but an Act of Resumption followed the enrolment of the Act of his Exilement. Sir Robert Cotton, that learned Antiqary, is so entirely in the Right in this Assertion, that whoever looks over the Records will find, that there is not so much as a line interposed between the Proceed against the Duke of Suffolk, and the Act of Resumption, so quickly they followed one another: Which ought to be a perpetual Notice and Lesson to Posterity, that when the People of England desire an Act of Resumption, the Work must begin with Impeaching Corrupt Ministers. We have hitherto produced Impeachments of elder Times, which perhaps the Persons concerned in point of Interest, will call old musty Records; We shall therefore now proceed to show some Precedents of a later date. As our Ancestors held it a Crime for Men to procure to themselves Offices above their Capacity, and Gifts and Grants from the Crown beyond their Deserts, so in this latter Age the House of Commons have thought the like Proceed not for the King's Honour, and dangerous to the Public. 2 Co●▪ 1. It was an Article against the Duke of Buckingham, that he had such a Multiplicity of High Offices in the State, as no one Person could well and truly discharge. That for his own particular Gain he had sold Patents to be Peers of England, to the prejudice of the Gentry, and dishonour of the Nobility of this Kingdom. That besides his great Employments, and the Profits thereunto belonging, which might have satisfied any moderate Ambition, He had procured to himself several Grants of the Crown Revenue, amounting to a high Value. But that the Reader may have this matter of Impeachments more fully before him, we shall here incert the three Articles which have Reference to our present subject, though they are already published in Rushworth. Rush. Coll. 1 vol. p. 306. Art. I. That whereas the Great Offices, expressed in the said Duke's Style and Title, heretofore have been the singular Preferments of several Persons, eminent in Wisdom and Trust, and fully able for the weighty Service, and greatest Employments of the State, whereby the said Offices were both carefully and sufficiently executed by several Persons, of such Wisdom, Trust, and Ability: And others also that were employed by the Royal Progenitors of our Sovereign Lord the King in Places of less Dignity, were much encouraged with the Hopes of Advancement. And whereas divers of the said Places severally of themselves, and necessarily require the whole care, industry, and attendance of a most provident, and most able Person: He the said Duke, being young and unexperienced, hath, of late Years, with exorbitant Ambition, and for his own profit and advantage, procured and engrossed into his own hands the said several Offices, both to the danger of the State, the prejudice of that Service which should have been performed in them, and to the great discouragement of others; who by this his procuring and engrossing of the said Offices, are precluded from such hopes, as their Virtues, Abilities and Public Employments, might otherwise have given them. p. 334. Art. IX. Whereas the Titles of Honour of this Kingdom of England were wont to be conferred as great Rewards, upon such virtuous and industrious Persons as had merited them by their faithful Service; the said Duke, by his importunate and subtle Procurement, had not only perverted that ancient and most honourable Way, but also unduly, for his own particular Gain, he hath enforced some that were rich (though unwilling) to purchase Honour: as, the Lord R. Baron of T. who, by practice of the said Duke and his Agents, was drawn up to London, in or about October, in the Two and twentieth Year of the Reign of the late King James of famous Memory, and there so threatened and dealt withal, that by reason thereof he yielded to give, and accordingly did pay the sum of Ten thousand pounds to the said Duke, and to his use: For which said Sum, the said Duke, in the Month January, in the Two and twentieth Year of the said late King procured the Title of Baron R. of T. to the said Lord R. In which practice, as the said Lord R. was much wronged in this particular, so the example thereof tendeth to the prejudice of the Gentry, and dishonour of the Nobility of this Kingdom. p. 340. Art. XII. He the said Duke not contented with the great Advancement formerly received from the late King, of famous Memory, by his procurement and Practice, in the fourteenth Year of the said King, for the support of the many Places, Honours, and Dignities conferred on him, did obtain a Grant of divers Manners, Parcel of the Revenue of the Crown, and of the Duchy of Lancaster, to the yearly value of One thousand six hundred ninety seven pounds two shillings halfpenny farthing, of the old Rent, with all Woods, Timber, Trees, and Advowson; part whereof amounting to the Sum of Seven hundred forty seven pounds thirteen Shillings and four Pence, was rated at Two and thirty thousand Pounds, but in truth of a far greater Value. And likewise in the Sixteenth Year of the same King's Reign, did procure divers others Manners annexed to the Crown of the yearly value, at the old Rent, of Twelve hundred Pounds or thereabouts, according as in a Schedule hereunto annexed appeareth: In the Warrant for passing of which Lands he, by his great Favour procured divers unusual Clauses to be inserted, (viz.) That no Perquisites of Courts should be valued, and that all Bailiffs Fees should be reprised in the Particulars upon which those Lands were rated; whereby a Precedent hath been introduced, which all those who, since that time, have obtained any Lands from the Crown, have pursued to the damage of his late Majesty, and of our Sovereign Lord the King that now is, to an exceeding great Value. And afterwards he surrendered to his said Majesty divers Manors and Lands, parcel of those Lands formerly granted unto him, to the Value of Seven hundred twenty three Pounds eighteen Shillings and two Pence Halfpenny per annum; in consideration of which surrender, he procured divers other Lands of the said late King to be sold and contracted for, by his own Servants and Agents, and thereupon hath obtained Grants of the same, to pass from his late Majesty, to several Persons of this Kingdom, and hath caused Tallies to be stricken for the Money, being the Consideration mentioned in those Grants in the Receipt of the Exchequer, as if any such Moneys had really come to his Majesty's Coffers; whereas the Duke (or some other by his Appointment) hath indeed received the same Sums, and expended them upon his own Occasions. And notwithstanding the great and inestimable Gain by him made by the sale of Offices, Honours, and by others Suits by him obtained from his Majesty, and for the countenancing of divers Projects, and other Courses, burdensome to his Majesty's Realms, both of England and Ireland; the said Duke hath likewise, by his procurement and practice, received into his hands, and disbursed to his own use, exceeding great Sums, that were the Moneys of the late King of famous memory, as appeareth also in the said Schedule hereunto annexed: And the better to colour his do in that behalf, hath obtained several Privy-Seals from his late Majesty, and his Majesty that now is, warranting the Payment of great Sums to Persons by him named, causing it to be recited in such Privy-Seals, as if those Sums were directed for secret Services concerning the State, whic● were notwithstanding disposed of to his own use; and other Privy-Seals by him have been procured for the discharge of those Persons without Account; and by the like fraud and practice, under colour of free Gifts from his Majesty he hath gotten into his hands great Sums which were intended by his Majesty, to be disbursed for the preparing, furnishing and victualling of his Royal Navy; by which secret and colourable devices the constant and ordinary course of the Exchequer hath been broken, there being no means by matter of Record to charge either the Treasurer or Victualler of the Navy with those Sums which ought to have to come to their hands, and to be accounted for to his Majesty; and such a Confusion and Mixture hath been made between the King's 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 indemnity 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 Sums of ●●ney of the said King by him privately received, and which he procured, 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 Sovereign 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 chief 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 dissolved; but had he lived 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, conferred 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 Domestic Affairs, but his Transactions in the State, by the Advice of a select number of Friends, all able Men, but not engaged in Public Matters, whom he retained in his Service by Pensions out of his own Purse. And yet, thus qualified 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 conferred 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, poured 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 Expense 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 drowned in Wine, or heated by Debauches. Journal of the House of Commons. But to return to our present Matter. Martis die 24 Nou. 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 IIId Article is, That the better to enrich and enable himself to go through with his Traitorous Designs, he hath detained a great Part of his Majesty's Revenue, without giving Legal Account; and hath taken great Sums 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 Little●on, Wednesday 6 Nou. 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 stirred 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 followed by an Act to banish him: But had he he stayed, 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 informed that he had not procured any Grant of the Crown Demesnes: 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 begged 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 Misdemeanour against the Earl of Arlington, Principal Secretary of State, being opened, were presented to the House, and read. The Articles containing matter of Treason were seven. It was further opened, That the said Earl had been guilty of many undue practices to promote his own Greatness, and had embezzeled 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 Majesty's 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 adjourned Debate, concerning the Lord Arlington. The Question being put, That an Address be presented to His Majesty to remove the Earl of Arlington from all his Employments, that are held, during His Majesty's Pleasure, and from His Majesty's Presence and Council for ever. It passed in the Negative by 39 Voices. Resolved, That a Committee be appointed to consider of the Articles against the Earl of Arlington, and to report what Matter is therein contained, and can be proved, that is fit for an Impeachment. Committed to Mr. Crouch, etc. Memorandum, The Committee never made their Report; for the 24th of March the Parliament was Prorogued to the 10th. of November, 1674, and so the Matter fell. Journal of the House of Commons. Lunae 26 die Apr. 1675. A Charge or Impeachment against Thomas Earl of Danby, Lord High-Treasurer of England, containing several Offences, Crimes, and Misdemeanours, of a very high Nature, being presented and opened to the House, and afterwards brought in and delivered at the Clerk's Table, and read. Art. 6. That the said Earl hath procured great Gifts and Grants from the Crown, whilst under great Debts, by Warrants counter-signed by himself. The 2d. Article of the Impeachment being read, and the Matter thereof debated, Resolved, That before the House do proceed farther in the Debate of this Article, they will hear the Witnesses. The Witnesses were heard; then the House Adjourned. Lunae 3 die Maii, 1675. The House then proceeded in the farther Consideration of the Articles against the Lord-Treasurer. And 3d. 4th. 5th. 6th. and 7th. Articles being read, and the Question being severally put, Whether any fit Matter doth appear in the Examination of those Articles, to impeach the Lord-Treasurer? It passed in the Negative. Journal of the House of Commons. Sabbati 21 die Decemb. 1678. Articles of Impeachment of High Treason, and other High Crimes, Misdemeanours, and Offences, against Thomas Earl of Danby, Lord High-Treasurer of England, were delivered from the Committee. Art. 5. That he hath wasted the King's Treasure, by issuing out of His Majesty's Exchequer, and several Branches of his Revenue, divers great Sums of Money for unnecessary Pensions, and secret Services, to the Value of 231602 l. within Two Years: And thus he hath wholly diverted out of the known Method and Government of the Exchequer, one whole Branch of His Majesty's Revenue to private Uses, without any Account to be made thereof in the Exchequer, contrary to the express Act of Parliament which granted the same. And he hath removed two of His Majesty's Commissioners of that part of the Revenue, for refusing to consent to such his unwarrantable Actings, and to advance Money upon that part of the Revenue for private Uses. Art. 6. That he hath by indirect Means procured from His Majesty for himself divers Considerable Gifts and Grants of Inheritance of the Ancient Revenue of the Crown, even contrary to Acts of Parliament. Ordered, That the Articlee of Impeachment against the Lord High-Treesurer be Engrossed, and that Sir Henry Capel do carry them up to the Lords on Monday Morning next. We have cited these two precedents, relating to the Earl of Danby, to show, when the old Whigs were in the supermest Perfection of their Virtue, and Public Zeal, That they than thought it a High Crime and Misdemeanour, For a Minister to Picture to himself Giants out of the King's Revenue. By the Authorities and Precedents we have quoted, it appears manifestly, that our Ancestors have, from the first Institution of this Government, very highly resented such Proceed. But here it may be asked how a Statesman is to behave himself▪ when the Prince is inclined to Liberality, and overborne with Importunities to give away what should subsist Him and the State? To which we answer, That the Lord Chancellor's Oath plainly directs the Minister in his Duty, Ye shall neither know nor suffer the King's Hurt, nor his Disheriting, nor that the Rights of the Crown be distressed by any Means, as far forth as ye may let it: And if ye may not let it, ye shall make Knowledge thereof clearly and expressly to the King, with your True Advice and Council. By which Words, without doubt, the Law must mean, (and the Chancellor's Oath is part of our Law and Constitution,) That this high Officer is to oppose with all his Power and Interest what he sees tending to the King and Kingdom's Prejudice; and if he finds a great Number of Grants passing, the Law intends, by binding him with such an Oath, That he should from time to time represent to the King his Debts, the Taxes, and Necessities of the Nation. But suppose that, notwithstanding this Representation, the Prince will have the Grant to proceed, how is the Minister to act in such a Case? Without doubt he is then to consider this Maxim of our Law, That the King can do no hurt, and that the Minister only is accountable for any Maladministration. He is to contemplate what high Officers in the State have been impeached upon the like Account, and without all Controversy he is rather to leave the Court, and quit his Employment, than to do a thing which cannot be justified by the Laws and Constitution of this Kingdom. * Daniel. P. 134. Simon Normannus, Keeper of the Great Seal under Henry III. and Jeffery his Brother, both Knights-Templars, and Men in great Powrr, suffered themselves to be turned out of their Employment, rather than to pass a Grant from the King, of Four Pence upon every Sack of Wool, to Thomas Earl of Flanders, the King's Uncle. P. 519. † Matthew Paris, speaking of these two Brothers being put from Court, says, Seminarium & Causa praecipua fuit hujus Irae Regiae, quod idem Simon noluit consignare quoddam detestabile Scriptum, contra Coronam Domini Regis confectum. Cujus Tenor talis fuit, ut Comes Flandriae Thomas perciperet de quolibet sacco Lanae delatae ab Anglia per partes suas, Telonium: Scilicet de quolibet sacco quatuor denariorum. Nec Galfridus Templarius huic enormi facto consensit, licet Rex ad hoc avide nimis anhelaverit. 'Tis true, Men are very unwilling to quit Great Employments, attended with much Wealth and High Honours; and the common Excuse of such as comply more than they ought, is, That others will be readily found to do the same thing: So that they shall prejudice themselves without any Advantage to the Public. Nay, they often pretend to remain at Court only to prevent greater and farther Mischiefs. Suppose then this to be Case, and that the Tide runs so strongly one way that no single Minister in his Station is able to stem it, and that the Prince will divest himself of his Revenues, notwithstanding he is otherwise advised, what does the Constitution of this Kingdom require from a Lord Chancellor, a Lord Treasurer, Lord Privy-Seal, and the Secretary of State, when such Measures are taken? What Proofs will clear them before the whole World, that they are no ways consenting to such Proceed, and that things are carried by an irresistible Strength against that Council they would be thought to give? Without doubt they stand justified before a Parliament▪ and in the Opinions of the People, if they give manifest Evidence that their own Hands are clean, and that they do not at all participate in the Depredations that are made upon the Public: If they have asked nothing for themselves, 'tis a sign they did not promote Grants; for he who ventures to wrong the King, will rather do it for his own Gain than for the Advantage of another: Therefore a total Self-denial in the Minister is a great Mark of Innocence. If they were seen to have as large a share in the Plunder as any others; if the King's best Lands and Manors were found in their hands; or, which is worse, if they had devoured all the Flesh themselves, and left to others only the Bones to pick; if, while the Public was poor, they had procured to themselves outrageous Gifts of Money, as they are called in the Records; if it was known that they had procured immoderate Releases for Money, (now they term 'em Privy-Seals,) and that in an unwarrantable manner: Our Ancestors looked no farther, but took the Ministers to be guilty, and presumed, that they, singly, for their own Gain and Profit, had incited the Prince to Liberalities inconsistent with the Welfare of his Crown and Government; and thereupon our Forefathers grounded the Impeachments we have mentioned in this Section. We do not find in the Records, (except in the Lady Vescie's Case,) that the Anger of Parliaments was provoked against the Common Herd of Courtiers, who in all Ages have raked from the Prince whatsoever they could: But the Sword of the Legislature was directed against their Heads, who being Ministers of State, in his Privy Council bound up by Oaths, (Astricts per lour serments,) and having Offices attended with large Salaries and Profits, did nevertheless, with insatiable Avarice and Ambition, and without any Consideration of the Public Wants and Miseries, rob the Crown of all they could, by a Practice as foul in itself as it was fatal in its Example: For in these Cases, the Law has only an Eye to those who are entrusted, and expects the Town should not be sold, surrendered, or betrayed by the very Sentinels who are set to watch the Gates. Perhaps these Great Men alleged in their Excuse, That none will serve a Court without Rewards: But our Ancestors thought the Appointments belonging to their Offices a sufficient Recompense; and that Government grows very costly, when Ministers must go away with Ten thousand Pounds per Annum Estate, for Five or Six Years Service. Nor did our Forefathers think it Reasonable, that out of the Substance of the Commons of England there should be built up every Year Three or Four New and Wealthy Families. 'Tis true indeed, the Ranulphs, the De la Pools, the Beurlees, and the Buckingham's, of former Ages, might very well expect all they got, or could get, if every Day they were making bold Steps, by which they ran a Hazard of their Necks. But in Times when the Laws govern, and when extraordinary things are neither expected by the Prince, nor suffered by the People, Ministers for their Service ought to be contented with a moderate Reward. 'Tis probable likewise, that when they begged those large Grants of former Kings, (for which they were impeached,) they suggested to 'em what immense Sums of Money they had got granted for them by the Commons. But if the true Necessities of the State required it, the Gifts would have proceeded without their urging. Nor do we find that Hubert, Archbishop of Canterbury, a good and faithful Servant, got, or was impeached for getting Grants, tho' he had obtained Eleven hundred thousand Marks for the Redemption of King Richard. Besides, our Ancestors never thought that procuring Money from the People ought to commute for robbing the Prince, well-knowing that to be true which my Lord Verulam has since observed, that these Men, so dextrous at finding out Projects, and at inventing new Taxes, * Life Henry VII. p. 210. Prey upon the People like tame Hawks for their Master, and like wild Hawks for themselves. Our Forefathers had good Reason to animadvert upon these Proceed; for nothing more tends to corrupt a Country than the easy way of getting Wealth by the Profusion of a Court. It makes Men abandon the Thoughts of raising themselves by Virtue and Merit, and reduces a Nation to the State of which Mr. Pym speaks, when he says, There are but few now that apply themselves either to do well, or to deserve well; finding Flattery and Compliance to be the easier way to attain their Ends and Expectations. But the Advocates for Maladministration, and they who give a fair Colour to Corruptions of this Nature, will perhaps urge, that generally the Heirs of such as here are mentioned to have been attainted for these Crimes, have been restored in Blood. We grant the Fact to be so; but this is no Argument that they were wrongfully accused or coudemned. Perhaps, to make the Punishment extend beyond the Person of the Criminal, is wrong in our Constitution; and that all Restitutions in Blood whatsoever ought to be favoured: But Families have been restored, whose Parents no Man will pretend to justify. * Rot. Parl. 2 Hen. V Numb. 19 Hamond Belknap was enabled in Blood, 2. Hen. V and the Family was afterwards fully restored, 6 Hen. VIII. And yet no English Man will offer to say, that Belknap did not deserve his Death. The Attaindures showed the severe Justice of our Ancestors; and the Restitutions that came afterwards, are Signs only, that we are born in a Country where the People are well natured, and who cannot long entertain angry and revengeful Thoughts, but where Lenity has encouraged many Persons more boldly to enterprise against the Public. Thus far as to what has been done in these Matters. But before we conclude this Section, we shall observe, That other Countries as well as England have relieved the Affairs of the Prince by Resumptions, for which Grotius citys several Authorities. † Grotius de Jure Belli ac Pacis, L. 2. Annot. ad Cap. 14. Donata etiam ab Emptoribus repetiit Galba, relicta decima. Tacit. Hist. 1. Pertinax etiam à liberis ea exegit quae sub specie venditionis Commodo Principe lucrifecerant. Basilius Macedo Imperator repetiit quae Michael Imperator elargitus fuerat. Zonara's de eo: Communi consensu placuit, ut qui pecunias nulla probabili ex causa accepissent, partim totas, partim dimidium redderent. Vide eundem Isaacio Comneno de donationibus Ludovici XI. vide Serranum Carolo VIII. de ejusdem donationibus, etiam quae Ecclesiis factae, non servatis, Philippum Cominaeum lib. ix. Marianam vero de donationibus quas Arragoniae Rex Ramirus fecerat, rescissis lib. x. cap. xuj. de Isabellae donationibus rescissis per ipsam xxvii. cap. two .. The same has been done in Scotland: † Drammond 's Hist. of Scotland. p. 27, 28. James the 1st. recalled all such Lands as had been either alienated, or wrongfully Usurped from the Crown. And also what was wont to be idly given away, as Forfeitures, Escheats and Wards, were restrained to the Crown, and kept to the King himself. And in other Countries, as well as in England: They who deceived or robbed the Prince, were highly punished. 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 punished for Frauds committed in the Prince's Revenue, of which we shall give several Instances. But First, we shall give a Precedent 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 † Philip Augustus, had wronged his Master of Eleven thousand Marks of Silver; which he refunded into the Exchequer. Girard de Possi qui manjoyt les Finances, y remit de son propre fond 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 suiure. Quelque chose qu'on fasse, ces Gens la iront plustot au Gibbet, que de venir a Restitution. Vie Philip le Belgiosa In the Reign of Philip ●e Bell, Engherand le Portier, Seigneur de Marigni, raised 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 altered the Coin, loaded the People with Taxes, Robbed the King of a great Sum of Money, and cut down the Timber of his Forests. He was tried by the Peers and Barons of the Kingdom, condemned and hanged. 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 sentenced to death in Parliament, in the Vie de Phil. de Valois. Reign of Philip 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 Signior & Princes & le Roy Mesme, il fust condemn a traisner & pendre, comme Traistre, au Gibet de Montsaucon qu'il avoit fait rebastir: Sa Confiscation montoit a douze cents mille Liures 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 Accused, Condemned and Hanged. 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 esleué 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. Sesse 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 pert, 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 folly. Il fut arresté par Pierre des Essards, Prevost de Paris examine par des Commissaires du Parliament, & 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 Gibbet, sa teste plantée sur un pieu. SECT. V That the Forfeited Estates in Ireland ought to be applied Towards Payment of the Public Debts. LAST Year there was delivered in an Account 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 'Tis to be apprehended, this Account is rather increased than diminished 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 reckoned a Debt upon the Nation. And over and above all this, a Provision is to be made for the Expenses of the current Year. But the Honour of the House of Commons, and the Credit of the Nation seem absolutely engaged to make good several Deficiencies, to which we are not only bound by Public Faith, which ought to be inviolable, but by direct and express Clauses in Acts of Parliament; so that when a Law has Enacted, That such a Debt should be paid by a prefixed time, all Ways and Means ought to be thought upon to make that Promise good, not so much for the sake of Credit to go a borrowing with (which Parliaments can hardly lose) but to keep sacred the Dignity and Majesty of the Commonwealth. There is no Man will pretend to say, but that the Ways and Means of raising Money are extremely difficult. Almost every Branch of our home Consumption has a Load upon it. Our Foreign Traffic is already more charged than can possibly consist which the Interest of a Trading Country. Three Shillings per Pound, with the strictness 'tis now levied, is such a Weight, that if it be much longer continued, must, in time, certainly ruin all the less Freeholders', and greatly hurt the Gentry of this Kingdom. To lay farther Excises upon the same Commodities, cannot be done without apparent prejudice to the Duties already granted, the same will hold in laying higher Customs. To charge Land for any long term of Years in times of Peace, is a thing unheard of among our Ancestor; and tho' past Conduct has made it perhaps unavoidable for some Years to come, yet the People will think themselves very ill dealt with by their Representatives, if Care be not taken to lay as few Burdens upon their Land as possible. Some indeed have been of Opinion that the Deficiencies may be satisfied, and that the Debts may be paid by prolonging the Fonds already granted for a further term of time; but others who love their Country, have thought it dishonourable and dangerous, that England should be so long pawned, and continue for so many Years in Mortgage. They think it not safe for our Constitution, nor consistant with our Civil Rights, that there should be levied in this Kingdom, for any number of Years, near four Millions annually, in Customs, Excises, and such like Duties, which in some future Reign, bad Ministers may perhaps seize upon, and intercept, by stopping the Exchequer, in order to set up an Army, and to subsist without a Parliament: Of this, good Patriots will be always apprehensive, and have therefore ever abhorred these long Fonds, which all the Neighbouring Princes round about us have constantly made use of for subverting the Liberties of their People. Some without Doors, have been for trying such wild Projects, as was that of increasing the number of Exchequer-Bills, which indeed was a good Expedient to lull our Creditors asleep, and to quiet Things for the present, while certain Persons might have the Opportunity of doing their own Business, and of Building up their own Fortunes, but the Public could thereby have reaped no Benefit. On the contrary, this Calm in our Affairs, and the not being pressed by any clamorous demands, would have occasioned and encouraged still more and more bad Husbandry; and at last, the Debt must have come upon us, with the addition of a heavy load of Interest; besides (which is unanswerable) if a War had overtaken the Nation with such a Debt upon it, all due and demandable at a Day, Public Credit must have sunk at once, upon which would have followed Ruin, without Redemption. Good Patriots will never think England can be effectually relieved by any Ways and Means of raising Money, but such as shall sink part of the Principal Debt, and hinder us from being eaten up by that Canker of Usury, which has been so destructive to this Government. Nor will Englishmen (we mean such of 'em as consider at all) think that Trade can flourish, or that Liberty is entirely safe, till our Payments to the Public are reduced to what they were before the War, viz. two Million Yearly; for this Nation will be ever apprehensive, That such mighty Sums as we now pay, may hereafter, in the Reign of some other Prince, be turned against the People, tho' given and granted for their Preservation. Since therefore the common Ways and Means of raising Money, may be dangerous in their future Consequence, or a present Burden upon the Nation, it imports good Patriots to consider whether or no the Necessities of the Government may not be supplied by the Methods which our Ancestors have so frequently put in Practice. By which we mean, whether or no a Resumption of such Lands in England, and more especially in Ireland, as have lately been granted away from the Crown, would not be a great Relief and Ease to the People in their Taxes. If a Resumption can be made without breaking into the Rules of Justice, or without bringing any Reflection upon the King, whose Honour above all things ought to be regarded, and if thereby two Millions can be raised, to come in the room and place of a Land-Tax, very few People will think it strange for the Legislative Authority to▪ exert itself in a matter so much for the Common Ease and Benefit: And where the Public is so deeply concerned, but very few Persons will consider or consult the private Interest of such as have procured the Grants. Therefore in handling this Subject, we shall endeavour to examine into, and state these following Points. I. How far it is consistent with the Honour of a Prince to desire and promote a Resumption by Act of Parliament. II. What Interest the People of England have in the Lands granted away, and especially as to the forfeited Estates in Ireland. III. How far in an Act of Resumption it is just and reasonable to look backwards. 1st. How far it is consistent with the Honour of a Prince to desire and promote a Resumption by Act of Parliament. There is nothing more evident in our Histories, than that the most magnanimous of our Kings have been the most free in confirming to the People their Ancient Liberties, Magna Charta, as it is now derived down to us, was modelled by Henry the 1st, a Math. Par. fol. 74. Prince famous for his Military Virtues, which was confirmed by Stephen, a King active enough in the Field. This Sheet-Anchor of our Liberties, was yet more strengthened by Edward 3d, as Renowned as any of our Kings for Personal Valour and Victories abroad. That, which heretofore by Flatterers and Corrupt Ministers has been called Prerogative, was never insisted upon, but by weak and effeminate Princes, who desired that their Immoderate Appetites of doing Ill, might be justified and strengthened by more Power than was allowed 'em by the Laws. Magnanimous Kings have always thought, That the Royal Prerogative consisted chief in the Power of doing Good to so many Millions of Men, who depend upon their Wisdom and Courage. Henry the 4th, that Heroic Prince, who obtained the Crown by his own Personal Merits, was so far from thinking his Prerogative injured by Acts of Grace and Favour, by which good Government might be promoted, that he himself desired of the House of Commons, that his whole Privy Council might be named and Established Rot. Parl. 7, & 8. Hen. 4. Num▪ 31. in Parliament. Et rehercea outre coment l'Erceveqe de Canterbirs lour avoit fait report qe le Roy vorroit estre conseilez per les pluis sages Seignours' du Royalme, lesqeux deussent avoir survieu de tout ceo qe seroit fait pur la bone Gouvernance de son Royalme. A qel cbose fair, le Roy sagrea, & rehercea per son bouche propre qil fuist savolonte entier. Et sur ceo, fust lieu une Bille fait per le Roy mesme, & de sa volonte propre, de les noms des Seignours qi seront de son Conseil. Afterwards the Privy Counsellors are actually named in the Bill, and the Lord Chancellor, Lord Treasurer, Privy Seal, and other great Officers are therein directed, to act nothing of Importance, without the concurrent Advice of the rest of the Council, Et qe Bills a endorser per le Chambrelayn & Lettres dessous le Signet de nostre dit Seignour le Roy a Adressers & autres Mandements a donor as chancellor, treasurer & Gardien du Privee Seal, & autres Officers qeconqes, desore en avant, en tielx Causes come desuis, seront endorsez ou faitz per advys du Conseil. Et qe les dits chancellor treasurer & Gardien du Privee Seal, & autres Officers, ne facent en tielx Causes si non per advys du dit Consil. The King goes on farther, and desires his own Authority may be circumscribed in several Points; and yet when he made those Concessions, he was neither in his Nonage, nor did he dote, nor was he pressed by any Insurrection of the People; and 'tis notorious, he neither wanted Policy, nor Courage. But 'tis rather probable, that he thought it Honest and Wise, and no diminution to his Honour, to oblige that People with wholesome Laws and good Government, who had given him the Crown, and who had been at such Expenses to support his Title. Magnanimous Kings have not only been Favourers of Public Liberty, but they have likewise been frugal of the People's Money, as appears in the Instances of Henry the 1st, Henry the 2d, Edward the 1st, Henry the 4th, Henry the 5th, Henry the 7th, and Q. Elizabeth; which shows how wrong their Notion is, who think Wise and Thrifty Princes dangerous to the Freedom of a Country, whereas profuse Kings, such as John, Henry the 3d, Edward and Richard the 2d, did not only waste the Nation's Treasure, but every one of 'em compelled the People to fight Pitched Battles, in defence of their Civil Rights. Gallant Princes desire to make the People easy. Henry the 4th of France, our present King's great Grandfather, said once, he hoped to order Matters so, that every Man in his Kingdom should have a boiled Capon to his Dinner. None of the Apothegms uttered by great Men, and so much commended by the Ancients, could become the Mouth of a King so well, as this Noble and Well-natured Saying. 'Tis probable, had he lived, he would have brought it about; which if he could have done, 'twould have been a nobler Trophy to his Fame, than all the Victories he had obtained. The Honour of a King consists chief in doing good to the Universal Body of his People, and the Public Welfare is to weigh with him above all other Respects. He is often to divest himself of the narrow Thoughts which sway among private Men; and he can hardly be a good Ruler unless he does now and then in his Politic, what he would not do in his Natural Capacity. He is a Person entrusted by the Commonwealth, and what he acts in discharge of that Trust, cannot be called dishonourable. The Commons in the Resumption, made 1 Hen. 7. tell the King in their Bill; It is for his own Surety, Honour and Weal, and for the Universal Weal, Ease, Rest, and Surety of his Land, the which he ought to prefer before the Favour of any Person, or any Place, or other thing Earthly. The same Words made a part of the Preamble in most-of the other Bills of the like Nature, by which it appears to have been the continued Sense of our Ancestors, that the Reputation of a Prince was never injured by Acts wherein the Ease and Relief of his People was consulted: 'Tis true, such a Minister as the Chancellor de la Pool had other Sentiments, and gave Advice of another kind, being willing to countenance his own Depredations by the Example of others: Such as he may engage the King's Honour in the Protection of their Crimes, so to shelter themselves under his Wings, and pretend things lessen his Fame, which will only lessen their Estates: But good Ministers have always thought that nothing could more hurt the Reputation of a Prince, than to be reduced by Profusion to Courses, by which his Country must be oppressed with Taxes. 'Twas a common practice with the Duke of Sully, to obstruct and often to vacate his Master's Gifts and Grants; yet this great Man was sufficiently jealous of his Prince's Fame. In Spain, Henry the Amirante, Pacieco d' Ascolone and Henry de la Fortuna, three Grandees, had obtained of Ferdinand, each of 'em a Million of Livres of Gold, charged on the Revenue of Peru, and should have received it at the Return of the Plate-Fleet, but Cardinal Ximenes utterly * Bandier le Ministere du Card. Ximenes. annulled these immoderate Gifts, tho' de la Fortuna was the King's own Kinsman, saying; The Revenue of Princes, tho' great in itself, is always too little for the Necessities of the State. And notwithstanding the Spanish Punto of Honour, we do not find this Proceeding resented by King Ferdinand. Before his Greatness was so established, seeing a very disadvantageous Farm of the Silks of Granada let for Ten Years, by the Advice of Don Manuel the Treasurer, to which the King had consented, and which was offered at Council to be sealed, he took the Charter and tore it pnblickly (of which the Pieces are kept among the Records of Arcala, as a Memorial of this Minister's Courage and Integrity) saying, Salto, Don Manuel, were you not my very good Friend, the King should cause your Head to be taken off: Dare you make Grants so prejudicial to the State? Nor did Philip the 1st. take it ill that his own, and his Favourites Do were thus revoked. We agree that Princes in all their Actions are to consider Fame, because Opinion is one of the main Pillars to support their Authority. But let any reasonable Man answer, Is it not more glorious for a Prince to let the whole People under his Reign, enjoy Ease and Plenty, without new Impositions and Duties, than to enrich a few Minions and Favourites, with the Spoils of a whole Country? A Prince thirsting after present or future Renown, whose Example would he desire to follow? That of Henry the 4th, who by his Frugality brought the Crown of France out of Debt; or that of Henry the 3d, who harassed his whole Kingdom to build up four or five great Families, whereby he got no more than to leave behind him so many conspicuous Monuments of his Weakness. No doubt it has heretofore been thought injurious to the Reputation of a Prince, to be urged by clamorous Debts, to suffer many thousands of miserable Persons to want what is their due; to have his Troops unpaid, and his Seamen in vast Arrears, and to let his menial Servants starve, first by retrenchments, and then by being without their settled Wages and Allowances. These are truly Blemishes upon a Prince's Glory, and were represented as such, by the Commons of England, assembled in Parliament, 28 Hen. 6. when they▪ made Application, That these Reflections might be taken away, and that these Grievances might be redressed; and affirmed at the same time, That they could not grant any Aid, unless the King would actually resume what had been obtained from the Crown by Importunity or Surprise, upon false Suggestions, or by Contrivance among the Great ones. Seldom any Prince has miscarried in his Fame or Fortune, who has constantly pursued the Public Good; and who has directed all his Counsels to his countries' Ease and Benefit; but History is full of their Troubles and Disasters, who have obstinately adhered to a few, against the whole, and who have confined to particular Objects, that Affection which ought to be extended to the universal Body of their People. What was done by Henry the 1st, Henry the 2d. and by that Hero Richard Cordelyon? What was done by that Conqueror of France, Henry the 5th? What that Spirited and Martial Prince, Edward the 4th, desired his Parliament in a Speech from the Throne, to put in Execution, and which he thanked them afterwards for doing, can never be thought dishonourable in any other King; and among English Men, a Prince will never suffer in his present, or future Renown, for treading in their Steps, and following their Examples. And without doubt, these Noble and Warlike Princes did not think the Regal Power at all impaired, by giving Way to the Resumptions which were made during their Reigns; for in all these Exercises of the Legislative Authority, Lords and Commons do but act subserviently under a King for his Profit, Grctiu s de Jure Belli ac Pacis. l. 1. Cap. 3. Num. 18. which Grotius very finely thus Illustrates. Multum falluntur qui existimant, cum Reges Acta quaedam sua nolunt rata esse, nisi a Senatu, aut alio Coetu aliquo probentur, partitionem fieri potestatis: nam quae Acta eum in modum rescinduntur, intelligi debent rescindi Regis ipsius Imperio, qui eo modo sibi cavere voluit, ne quid fallaciter impetratum, pro vera ipsius voluntate haberetur. 2dly. What Interest the People of England have in the Lands granted away, and especially as to the Forfeited Estates in Ireland. As to Lands appertaining to the Imperial Crown of England, and of its Ancient Demesnes; 'tis not at all clear that they can be alienated, the Fundamentals and general Grounds of Government considered. Grotius is directly Lib. 2. Cap. 6. Num. 1●. of this Sentiment. Patrimonium quoque Populi, cujus fructus distinati sunt ad sustentanda Reipublicae aut Regiae dignitatis onera, a Regibus alienari, nec in totum nec in part●m potest. Name & in hoc jus majus Fructuario non habent. And to fortify his own Opinion, he produces very many great Authorities. But we shall take notiee of some he has not mentioned. Hotman is clearly of Opinion, Hotman. de J●r. Reg. Gall. T. 3. Col. 139. That the Kings of France could not alienate the Demesnes of the Crown. Itaque Anno cio ccc xcix. cùm Rex Carolus comiti sampaulino particulam quandam sui domanii donasset, Senatus Parisiensis pro vetere veteris trium statuum Parlamenti jure intercessit: ac pronuntiavit, Regii dominii diminutionem nullius esse momenti, nisi cujus auctor Senatus ille Parisiensis fuisset: Quod▪ decretum Paponius inter arresta sua retulit, lib. 5. tit. 10. ubi alia complura generis ejusdem Senatus consulta commemorat. And a little lower, Quae sanè lex Reipublicae per quam utilis est ad regii dominii conservationem. Quia tum demum ad tributa & indictiones extraordinarias, quibus plebs oneratur, decurri tanquam ad subsidium solet, cum illud dominium Col. 140. regium exhaustum est. And again, Jus Regum Francorum ita constitutum est, ut non infinitam & immensam regno atque imperio suo abutendi potestatem haberent, non regni Patrimonium insanis largitionibus & donationibus immodicis prodigorum instar dissiparent, sed utpatriae ac populorum suorum salutem fidei suae creditam incolumem servarent, neque ulla ex parte Rempublicam sibi commissam violarent: denique ut sanctissimum illud M. Tullii praeceptum servarent, Vt tutelam sic procurationem Reip. ad utilitatem eorum, qui commssi sunt, non ad eorum quibus commissa est, gerendam esse. But as we have noted in the precedent Section, this Point is become more doubtful, since the late Act for declaring the Rights and Liberties of the Subject; which Act absolutely condemns those Clauses of non Obstante, whereby these Alienations were formerly supported; and such Clauses being condemned, there are strong Reasons to think, that the Act 11 H. 4. which clearly prohibits such Grants, is now returned to its first Force and Vigour. However let this Matter stand as it will, we shall probably make it appear, That the Lands in Ireland (which the People of England have within a few Years repurchased with so much Blood and Treasure) are quite upon another Foot. Lib. 3. Cap. 6. Num. 10. Grotiws affirms, 'tis the Law of Natious, Ex Jure Gentium, That the Lands of the Vanquished should go to the Conquering People. Ex quo gentium Jure Scipio agit ●um Masinissa apud Livium: Syphax Populi Romani Auspiciis victus Captusque est. Itaque Conjux, Regnum, Ager, Oppida, homines qui incolunt, quicquid Syphacis fuit, Praeda Populi Romani est. What he terms the Law of Nations is all the highest Result of Reason; for is it not just that what is gained at their Expense should belong to them? Hotman, putting the Case how it should be, if the Lands to be given away are newly Conquered, says, † Hotman. Quaest. Il-Iust. T. 1. Col. 850. Restat pars ultima, cùm armis & Bello regnum quaesitum est. Nam cùm armis Principis partum atque in ejus ditionem redactum sit, consentaneum videtur, ut de eo statuere arbitratu suo possit. Sed cum eam ditionem solus ac per se non adquesierit, sed civium suorum sanguine, laboribus periculis, non alienum videtur regulam juris Civilis sequi, ut quod communibus multorum laboribus quaesitum est, non nisi communi eorum Consilio & consensu alienari possit. The Romans were so strict in this Point, that to intercept any Spoils gotten in War, was accounted robbing the Public. Modestinus the Lawyer says, Is qui Praedam ab Hostibus surripuit Peculatus Lex penult. digest. ad leg. Jul. Peculat. tenetur. Gellius takes notice, that Cato in an Oration he spoke, concerning Spoils, complained in vehement Words, Gellius Lib. 11. Cap. 13. That poor Thiefs were manacled in Fetters, but that the Public Robbers shined in Gold and rich Attire. Fures Privatorum Furtorum in nervo atque compedibus aetatem agunt, Fures Publici in Auro atque Purpura. Indeed, if a Prince makes the War at his own single Charge, Lib. 1. Cap. 3. Num. 11. (as Grotius observes in another Place) Fieri potuit ut Rex ex sua privata substantia Exercitum aluerit. In such a Case he alone will have a Right to the Conquered Country. And this is so true, that if William the Norman had been able by his own Strength, and at his particular Expenses, to have made the Conquest of England, according to the Law of Nations, he must have had this Kingdom in Patrimonio▪ with as absolute Dominion in it, as the Eastern Princes can pretend to. But the Case being quite otherwise, and he not able to bear the whole Charge, he took to his assistance several Barons of his own Dukedom, and some great Men of other Countries, who were joined with him in the Adventure, to whom, as the Recompense of their Service, he first promised, and afterwards made sundry Concessions, and granted many Privileges: But still with all this assistance he could not quite subdue the Natives, with whom he was compelled to make Compacts, from which Concessions and Compacts, it comes that we continue still to be a free People, notwithstanding this pretended Conquest. In the same manner, if Henry the 2d had Conquered Ireland with only the Revenues of the Crown, without any Aids from his People, that Kingdom had been his own, Plen● Jure, as the Civilians call it; and he might have disposed of it at his own Will and Pleasure: For as Aristotle says, Lex est veluti pactum quoddam commune quo Bello capta capientium ●iunt. Nor is it a thing at all strange, for a Prince to hold different Kingdoms by different Titles, and to Govern 'em by different Methods; in one he may be absolute, according to the Ancient Constitution of the Country; in another, his Power may be circumscribed and▪ limited by Law: One Kingdom he may hold by Election, and another by the Right of Succession. He may have a Kingdom of his own Acquisition, which shall be as it were his * De Jure inter Gentes P. 1. Sect. 3. R. Z. own private Patrimony. A Principibus aliquando Regna vel Territoria pleno Jure habentur, ita Strabo tradit Cytheram, Insulam Toenaro objacentem, fuisse Euriclis Lacedaemoniorum Principis, privato ipsius Jure. And the same Right would Henry the 2d have had in Ireland, if he had made the Acquisition by his own Sword and Bow, and by Troops paid out of his own Purse; but because the Kingdom was conquered at the general Expense of England, the Commonwealth here has always took itself to have an Interest to bind that Kingdom by Laws, to inquire into the Administration of it, as Parliaments have several times done, and to extend the Acts of Resumption as well to Ireland as to England, constantly believing that Island to have been an Acquisition to the Crown, not of any King's own Making, but purchased with the Labour and Blood, and at the common Expense of this Nation, which in several Expeditions and Wars to quiet 52 Rebellions, has expended five times more Treasure than the Fee Simple of all Ireland is worth. The Writer of these Papers is not at all afraid or ashamed to offer at Accounts, tho' a certain Person did please to say (but without any Proof then or afterwards) that in one Computation we were mistaken twenty Millions. An Account of the Expenses for the Reduction of Ireland. ll. s. d. Issued from the Exchequer, and wholly applied to the Irish Service, to Jan. 25. 1694/ 5. 3,388,672 5 3¼ Arrears due to the Irish Army, to March 31, 1692, about 190,000 00 0 To the Irish Transports about 350,000 00 0 For the Service of the Ordinance, on Account of the Train that attended the Irish Army, computed at about 80,000 ll. per Ann.) for two Years and a half. 200,000 00 0 Carry over 4,128,672 05 3 ll. s. d. Brought over 4,128,672 05 3 Besides which, there was received by us of the Irish Revenue, 177,020 15 5 By Poundage and Days Pay, and Profits by Guinea's about 70,000 00 0 By Quarters in Ireland about 140,000 00 0 So that the Reduction of the Irish stood both Nations in about 4,515,693 00 8¾ The People's Right to the Forfeited Estates in Ireland, to dispose of 'em in Parliament, either for the Service of the current Year, instead of a Land-Tax, or to make 'em a Fond towards paying off the Deficiencies, is grounded upon this Sum of Four Millions, which has been levied in England, and expended upon that War. Where the Honour of the Prince, and the Honour or Interest of the Nation are concerned against a Foreign Enemy, most certainly we are to give necessary Aids and Subsidies without prospect of reaping any other Fruit from our Expenses, than Fame and Safety; but when England has to do with its own Subjects, and that they can be brought to pay part of the Reckoning, it would be very hard if all this should be intercepted from the Public, and that we should waste our Blood and Treasure, only to enrich a few private Persons. From the time of Henry the 2d. Ireland has almost constantly been made to contribute something towards its Conquest or Reduction. In the very beginning, Vide Dr. H●mmer Fol. 136. viz. Anno 1170, part of its Lands were given to the Adventurers Robert Fitz Stephen, and Maurice Fitz Gerald, David Barry, Hervy de Monte Marisco, William Nott, Maurice de Prendregast, Meyler, Richard Strongbowe Earl of Chepstow, and others. And Anno 1172. another Adventure was set afoot, and a new▪ Partition of Lands was made, and King Hen. 2d stands himself in the Front of the Adventurers, with Hugo de Lacie, William Fitz Adelm, Humphrey de Bohun, Sylvester Giraldus, Cambrensis, who was Tutor to the young King Vide Rogerus Hovidon. John, and others. In the distribution of these Lands, the Service of so many Knights was reserved to the King in the Grant of each Estate. Hugo de Lacie Lord Lieutenant, sold several Estates there, which Sales Philip of Worcester, his Successor, revoked. Nec mora revocato Hugone de Lacie, Giraldus Cambrensis, cap. 24. Philippus Wigorniensis, vir Militaris dapsilis & liberalis: circa Cal. Septemb. cum Militibus XL. Procurator est in Insulam transmissus. Inter ipsa igitur operum suorum initialia terras, quas Hugo de Lacie alienaverit, terram, viz. Ocathesi, & alias quam plures ad Regiam mensam cum omni solicitudine revocavit. The Writer of these Papers has not leisure to inquire into the Particulars, but according to the best of his Remembrance, a distribution of Lands was made to Adventurers, concerned in suppressing the Insurrections which the Irish made during the Reign of Queen Elizabeth. And most certainly, the War England had with that Kingdom in the Reign of Charles the 1st, was in a great measure carried on by Money subscribed here▪ with a view, that the Subscribers should have the Lands Conquered and forfeited, which afterward, partly they had and the rest was divided among the Soldiers in satisfaction of their Debentures. In our present Case the War was not either begun, or carried on at the Expense of any Single Person, or private Men, but at the common Charges of the whole Nation; therefore in Reason and Justice the People of England ought here to be looked upon as the General Adventurers: That the Four Millions levied and expended, is their Adventure, of which the Forfeited Estates ought to be the Return; and if any thing considerable can be made of 'em, it ought to go towards easing England in its Taxes. But there is a strong Reason of State why the Lands of Ireland, in cases of Rebellion, should never be granted away, but be either distributed among Adventurers, or sold towards defraying the Charges of the War; for if England is to be at all the Expense, and Courtiers are to go away with all the Profit, how do we know but that hereafter, for their own Gain, they may purposely and advisedly encourage and Foment Rebellions there? Fourteen Hundred thousand Pound, once in Thirty or Forty Years, to be shared among them, would be a very fine Crop for the Men in Business. But probably the Ministers in future Ages will be watchful over that Kingdom, and suppress an Insurrection betimes (when it may be done for a less Sum than Four Millions, and perhaps with three or four Thousand Men) nor in all likelihood will they so notoriously neglect a matter of that Importance, when they are to reap to themselves no Advantage by such a Negligence. Some will pretend the Prince has more Power to alienate what comes to him by Forfeiture, than to part with the Revenues of the Crown, reckoning Forfeitures to be In Fructu Patrimonii Principis; according De Jure Belli ac Pacis, lib. 2. cap. 6. Num. 12. to this of Grotius, Said in eo falluntur multi, quod res quae in fructu sunt Patrimonii cum rebus Patrimonii confundant. Sic jus Alluvionum in Patrimonio esse solet, ipsae res quas fecit Alluvio in fructu: Jus vectigalia exigendi in Patrimonio, Pecunia ex vectigalibus procedeus in fructu: Jus confiscandi in Patrimonio, fundi confiscati in fructu. All which is right, if rightly distinguished. No doubt 'tis not only Legal, but for the Good of▪ any Government, that common Confiscations should be at the Disposal of the Prince, that he may have an Opportunity of extending his Mercy to the Children or Relations of the Delinquent: Besides, in common▪ Confiscations the Traitor is prosecuted and brought to Punishment at the King's sole Expense. But the Case is quite otherwise when a whole Nation rebels, and when that Rebellion is to be suppressed at the infinite Expenses of the People, it seems rather that what accrues thus to the Prince and People (for they always have, or should have a Joint Interest) ought to be more Sacredly devoted to public Uses, than any other thing, because it is the Price of Blood. We have perhaps made it appear, that the People have some Interest in the Public Revenues: We shall therefore examine whether this Right is any way lost or lapsed for want of putting in a Claim. If the Nation had sat still while these Grants were making, and done nothing which looked like a Protest against it, peradventure it had been such an Abandoning or Dereliction of the matter, as in some sort might have transferred the Dominion of the things in question to the present ●●otius de Jure B●lli a● pacis, l. 2. c. 4. Num. 5. Possessors. Qui sciens & praesens tacet, videtur consentire. But the Case is quite otherwise here. The Parliament has very early desired that the Forfeitures both in England and Ireland might be appropriated to the Uses of the War and those Desires have been earnestly and frequently repeated. And because it tends much to the clearing of our present point, we shall so far trespass upon the Reader's patience, as to give a brief Account of what has been from time to time done in Parliament in relation to this Affair. The Sessions 2. Gul. & Mar. began 2. Octob. 1690. Veneris 17. die Oct. The House resolved itself into a Committee of the whole House to consider farther of Ways and Means for the raising of Supplies to be granted to their Majesties. Mr. Solicitor Reports from the Committee the following Resolution. Resolved, that 'tis the Opinion of this Committee that towards the raising the Supplies to be granted to their Majesties the Sum of Ten Hundred Thousand Pounds be raised upon the Credit, or by Sale of the Forfeited Estates in Ireland. The Resolution being read a second Time. Resolved, nemine contradicente, that this House doth agree with the Committee, in the said Resolution. Lunae 20. Die Oct. 1690. Resolved, that an humble Address be made to his Majesty, that he will please to command the Commissioners in Ireland, to make a Return to his Majesty of the Names of the Persons in Rebellion in Ireland, and of their Estates, and the yearly value thereof, and that his Majesty will graciously please to order the same to be transmitted to this House. Mereurii22. Die Oct. 1690. Resolved, that a Bill be brought in upon the Debate of the House for attainting the Persons that are, or have been in Rebellion in England, or Ireland, and for confiscating their Estates, and for applying the same to bear the Charges of the War. Martis 2. Die Dec. 1690. The said Bill was read a first Time. Jovis 4. Die Decemb. 1690. The said Bill was read a second time, and the same Day the House resolved itself into a Committee of the whole House to consider of the said Bill. Veneris 19 Die Dec. 1690. Mr. Solicitor reported the Bill. Resolved, nemine contradicente, that the said Bill, with the Amendments be engrossed. Martis 23. Die Dec. 1690. Resolved the said Bill do pass, and that Mr. Solicitor carry it to the Lords. Mercurii 31. Die Dec. 1690. Ordered that a Message be sent to the Lords to put them in mind of the said Bill, and that Sir Robert Rich carry the said Message. The Bill fell in the House of Lords, by Reason of the shortness of the Session, for on the 5th of January the Parliament was adjourned to the 31st of March, and so by short Adjournments till the following Year. But before the Recess his Majesty was graciously pleased, in his speech to both Houses, on the 5th of January, to say as follows. — And I do likewise think it proper to assure you, that I shall not make any Grant of the forfeited Lands in England or Ireland, till there be another Opportunity of settling that matter in Parliament in such manner as shall be thought most expedient. The following Sessions began 22 die Oct. 1691. Sabbati 16. die Jan. 1691. Ordered that leave be given to bring in a Bill to vest the Forfeited Estates in Ireland, in their Majesties, to be applied to the Uses of the War. Ordered that leave be given to bring in a Bill for vesting the Forfeited Estates in England in their Majesties, to be applied to the Uses of the War; and 'tis referred to Mr. Smith etc. Sabbati 23 die Jan. 1691. Mr. Smith presented the two Bills. Martis 26 die Jan. 1691. Each of the Bills were read a first time, and ordered a second Reading. Jovis 28. die Jan. 1691. Each of the said Bills were read a Second time, and committed to a Committee of the whole House. Lunae 1. die Feb. 1691. The House resolved itself into a Committee of the whole House, etc. Mr. Palms Reported from the Committee that they had gone through the Bill for vesting the Forfeited Estates in England, and had made some Progress in the Bill relating to Ireland. Jovis 4. die Feb. 1691. Mr. Palms Reported the Amendments made by the Committee to the Bill for vesting the Forfeited Estates in England, etc. which were read and agreed to by the House. Several Clauses or Save were offered and agreed to. Among the Rest, that nothing in the Bill contained, should extend to Grants made to the Earls of Monmouth and Torrington. Ordered, That the Bill with the Amendments be engrossed. Mr. Palms also Reported the Amendments to the Bill for vesting the Forfeited Estates in Ireland. Veneris 5. die Feb. 1691. The House proceeded to take into Consideration the Report of the Amendments to the said Bill, and several of them were read a second time, and agreed to, etc. Martis 9 die Feb. 1691. The House proceeded in the further Consideration of the Report, etc. A Clause was offered for their Majesties to grant to any Person or Persons, as a Reward for their Service, any of the Lands and Hereditaments vested in their Majesties, by virtue of this Act, so as such Lands and Hereditaments do not exceed ..... in Value of the whole Lands, Tenements, and Hereditaments so vested in their Majesties, to any such Person or Persons, as a Reward for his or their Service. A Clause offered that it should be lawful for their Majesties to Grant to James Duke of Ormond and his Heirs, any of the Forfeitures made by this Act▪ or any other Means within, or on any the Estate or Estates of the said Duke. Twice Read and Agreed to. Other Clauses Read and Agreed to. Ordered, That the Bill with the Amendments be engrossed. Veneris 12. die Feb. 1691. An Engrossed Bill for vesting the Forfeited Estates in England in their Majesties to the use of the War, was read the third time. Riders offered and agreed to. Resolved, That the Bill do pass. Ordered, That Mr. Palms do carry the Bill to the Lords, and desire their Concurrence. An Engrossed Billfor vesting the forfeited Estates in Ireland in their Majesties, to be applied to the Use of the War, was read the Third time. Several Riders presented and agreed to. Resolved, That the Bill do pass. Ordered, That Mr. Palms do carry the Bill to the Lords for their Concurrence. Note▪ In the Bill relating to the Irish Forfeitures, there was reserved to their Majesty's one third part of the Forfeitures, To be disposed and given to such Military Officers and Soldiers as their Majesties should think fit, who actually served in the Wars in Ireland, in Person there, and to no other Person or Persons whatsoever. During this Sessions, Proposals were offered for raising Money upon the forfeited Estates. Jan. 1st. 1691. Resolved, That a Committee be appointed to receive Proposals for raising Money upon the forfeited Estates in Ireland, and it is referred to Mr. Smith, etc. Martis 26. die Jan. 1691. Ordered, That the Committee, to whom it was referred to receive Proposals for raising of Money upon the forfeited Estates in Ireland, be impower'd to inquire into the disposal of forfeited Estates there. Sabb. 13. die Feb. 1691. Ordered, That the Report of the Committee appointed to receive Proposals, etc. be made upon Monday Morning next. Mercurii 17. die Feb. 1691. The said Report was made. 'Tis very long, but well worth the Perusal of all Members, and is to be found in the Journal of 1691. Fol. 866. What passed in 1690, and 1691, is a sufficient Indication that the People of England had no mind this Matter should sleep. The next Year, viz. 1692/3. We may say a Claim to these Estates was continued, and kept afoot, by an humble Address from the House of Commons to the Throne, Sabbati 4. die Martii 1692/3. where, among other things, it is thus prayed. And for as much as the Reducing of Ireland hath been of great Expense to this Kingdom, We humbly beseech your Majesty, That (according to the Assurance Your Majesty hath been pleased to give No grant may be made of the forfeited Estates in Ireland, till there be an opportunity of settling that Matter in Parliament, in such manner as shall be thought most expedient. That a true Account of the Escheats and Forfeited Estates both Real and Personal, and Stores left by the late K. James, may be laid before your Commons in Parliament assembled, to the end that the said Escheats, Forfeitures, and Stores, and the Embezzlement thereof may be inquired into. Veneris 10. die Martii 1692/3. To this Address His Majesty was graciously pleased to give the following Answer. Gentlemen, I shall always have great Consideration of what comes from the House of Commons, and I shall take great Care that what is amiss shall be remedied. The Year following the Matter was again revived, and other Bills brought in of the same Purport with the former. Veneris 12. die Jan. 1693. Ordered, That a Bill be brought in to vest the forfeited Estates in Ireland in their Majesties to be applied to the use of the War. The like Order for the forfeited Estates in England. Mercur. 24. die Jan. 1693. The Honourable Henry boil Esq according to Order, presented to the House a Bill to vest the forfeited Estates in Ireland in their Majesties, to be applied to the Use of the War. And also A Bill to vest 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, etc. was read the second time. Resolved, That the Bill be Committed to a Committee of the whole House. Martis 27. die Feb, 1693. The House resolved itself into a Committee of the whole House to consider of the Bill for vesting the forfeited Estates in Ireland, etc. Mr. Boil reported from the Committee that they had made some Progress, etc. and desired leave to sit again. The House resolved itself into a Committee of the whole House to consider further of the said Bill. Mr. Boil reported from the Committee that they had made a farther Progress &c, and desired Leave to sit again. This Sessions a Committee was likewise appointed to receive Proposals concerning these Forfeitures. Veneris 12. die Jan. 1693. Sr. Rowland Guin reports from the Committee appointed to receive Proposals concerning the Forfeitures in Ireland, and likewise for securing the Protestant Interest there. The Proposals received 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 Public. 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 Public. 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 Public. 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 mentioned. 10 die Maii Lecta 1 vice. 11 die Maii Lecta 2 vice. Thus we have shown a continued Series (the Year 1696 excepted) of Bills or Addresses 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 'tis generally the safest Course to tread in the Steps of our Ancestors, were it only for this single Reason, that 'tis returning so far towards our Ancient Constitution, which all sides will agree to have been formed 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. resumed 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 touched upon any thing that had been done by his Father, or by William Rufus. Stephen was pressed 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 preceding Reign. Richard the 1st. did only resume the Alienations he himself had made. Henry the 3d. was persuaded 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 looked 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. 'Tis true, the Commons in their Petition to Edward the 4th. pray that the Resumption might extend to the Reigns of all the three Henry's, and the Act passed accordingly: But we may plainly see this was chief 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 looked 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 chief levelled 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 Precedents reach only to the present, or to the Reign immediately preceding, which is consonant to the Laws of all Nations, that have prefixed some limited time, after which Men should think themselves safe and quiet in their Possessions. They without Doors who have desired that forfeited Estates of Ireland might not be looked into, have endeavoured 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 it if you will take in all the Grants since the Restoration of King Charles the Second. But few are so short sighted as not to see into this Artifice; such as are for making their Resumption so large, desire none at all, and would engage a great many different Titles to oppose it. If it could possibly consist with the Rules of Justice, if to do so would not produce unspeakable Disorders, if it would not utterly ruin a great number of Families, no doubt, the Public labouring under so many Debts, and Difficulties, such a general Resumption would be advisable, all which are strong Objections to the making it so extensive. To which may be answered, that the same Inconveniences will happen by resuming the Irish Forfeitures; we shall therefore try to show how the Cases differ. But to clear these Points we must repeat some things that have been laid down in the foregoing part of this Discourse. That the Kings of this Realm have always prescribed a Power of alienating the Crown-Revenue by their Great Seals. That it would not have been convenient in the beginning of this Constitution to have bound up the Prince's Hands from all kind of Alienations, for then, by Forfeitures and Attainders, in process of time, the King would have been Lord of the whole Soil. That however, parliaments by Petitions, Bills or Acts of Resumption, have all along laid in a claim of the People's Interest in this Revenue, especially when the Grants were become exorbitant. That the Wastes committed upon the Crown-Revenue produced at last [viz. 11. Hen. 4.] a positive Law porhibiting these sort of Alienations. That the force of the Law was evaded by Clauses of non obstante inserted in the Letters Patents. That these Clauses seem condemned by the late Act for declaring the Rights and Liberties of the Subjects. When King Charles the 2d. came in, the Doctrine of the Court was, sow a little that you may reap much, and they who were then entrusted with the Nation's Purse, were themselves for diving into the Prince's Pocket. And at the same time the Doctrine of Westminster Hall was to advance the Prerogative as high as possible; thus the King was persuaded to give away the greatest part of his Crown Lands, and by the Proceed of Westminster Hall the People were encouraged to think such Grants were good in Law, the Courtier begged and the Citizen bought, so that immediately he was in a manner divested of all, and yet they who had suffered for him and his Father, were few of 'em the better for all this immoderate Bounty. These Liberalities of his were not bestowed as the Recompense of ancient Merit, but were often the Price of Treachery, and the Rewards of Vice. And as Cyrus observed, that in Camps the most worthless Soldiers are the busiest to get Plunder, so the same thing may be said of a Court exposed to Spoil, the worst Men in it are the most ravenous and generally make the best Advantages. The Observation we have now made, did apparently hold true as to King Charles' Court; however ill-gotten Goods seldom thrive, and very little of what was thus obtained remains with the first Possessors, but is now dispersed into a Multitude of Hands. Though what he did was so prejudicial to the Crown yet such was then the flourishing Condition of our Affairs, that we could bear▪ a great deal of ill Management. Besides some were glad enough to see a young Prince necessitated to depend upon his People, who was apprehended to meditate arbitrary Power. But whatever governed the Counsels of those times, certain it is that there was no actual Bar put in the Way of his destructive Bounty. 'Tis true (as we have noted in the third Section) 'twas complained of, but all ended in an Address which had very little in it of the Spirit which our Ancestors had shown upon the like Occasions. Leave was given at the beginning of that Reign to bring in a Bill of Resumption; A Bill was twice read, to regulate and restrain such Alienations, and an Address was thereupon made, but no consequence following upon all this, the People of England had reason to believe that the Parliament acquiesced in what was done at Court. The matter did not only Sleep then, but was not, as we can find, afterwards revived, and for many Years it was hardly mentioned in the House of Commons, insomuch that Estates, though so newly derived from the Crown, came in a short space of Time to bear almost an equal value with any other sort of Land. But if, as in ancient times, such a Proceeding of the Court had been complained of from Sessions to Sessions, if, as heretofore, the Ministers that procured the Grants, had been impeached, if Bills of Resumption had been frequently offered though rejected, such Motions would have been some Warning to the Nation, the Purchasers would have looked about 'em, every Man must have known the Hazzard he was to undergo, and he can only accuse himself, who will run into it, when before hand he is acquainted with the Danger. But the Legislative Authority continuing so long silent in the matter, and the Lawyers of those times making no Objection to Titles of this Sort, depending upon their Ex certa Scientia, mero Mortu, & Gratia speciali, and yet more upon their Clauses of non obstante, the People were induced to think they might as safely make these as any other Sort of Purchases. Hence it was that what belonged to the Crown but so lately, came to be a matter of Public Traffic among the People, insomuch that the whole Fortune of very many Families is therein embarked. What Cato said is indeed true, if rightly distinguished, that there ought to be no praescription against the Public. Plut. vit. Cat. Ne● Mortales contra Deum immortalem, nec privatos contra Rempublicam praescribere posse. This▪ holds without doubt when private Men get fraudulently or by Force into Possession of what belongs to the Public, and at the beginning were Possessores mala Fide, which length of time ought not to purge. But in a mixed Government, if one Part of the State suffers the other Part to alienate what the whole have an Interest in, and if the said Part had power and Opportunity to make an Opposition, and yet made none, it implies such a Consent as according to the Law of Nations, and the Rules of Justice, aught to indemnify to all Intents and Purposes the Possessor bona fide, and the Purchaser upon a valuable Consideration. Grotius De Jure Belli ac Pacis. l. 2. Cap. 6. n. 10. speaking upon Alienations says, * Inconsulto vero Populo Rex id non potest, si maneamus inter terminos naturales: quia juris temporarii, quale est Regnum electorum, aut lege succedentium ad Imperium, effectus nisi temporarii esse non possunt: potuit tamen Populi, ut expressus consensus, ita tacitus consuetudine introductus qualem nunc passim vigere cernimus, id jus Regibus tribuere. And a little before. * Subscribere Ibid. n. 8. non possumus Jurisconsultis, qui ad Regulam de non alienandis Imperii partibus, adjiciunt exceptiones duas, de publica utilitate, & de necessitate: nisi hoc sensu, ut ubi eadem est utilitas communis & Corporis & Partis, facile ex silentio▪ etiam non longi temporis, consensus & populi & partis intervenisse videatur, facilius vero si etiam necessitas appareat. At ubi manifesta est in contrarium voluntas aut corporis, aut partis nihil actum debet intelligi. And a little lower he says. Ibid. n. 11. * Nec admitto exceptionem, si res modisticum valeat quia quod meum non est, ejus nec exiguam partem alienare mihi jus est: sed in rebus modicis quam in magnis consensus Populiex scientia, & ex silentio facilius praesumitur. So that this great Civilian is of Opinion that the Acquiescence and long silence of one of the Constituent parts of a State is in a manner an Approbation of what the other does. No doubt the People by their Representatives have a Right to complain when they see that wasted which must be supplied out of their Purses, and they have a Right to propose Resumptions when they become of absolute Necessity. But this Right they may suspend for a Season, &, pro hac vice, Ibid. cap 4. n. 4. renounce. * Venit enim hoc non ex Jure Civili, sed ex Jure Naturali, quo qu●sque suum potest abdicare. No doubt the People may lay claim to what the whole has an Interest in, to wit the Public Revenues, but this claim ought to be made within some moderate Compass of Time, so as not to produce any distraction or disturbance in Men's Titles and Possessions. For otherwise such a Claim will occasion more Disorders than it can propose to remedy. But when it has been forborn too long, and when the People have been suffered to imagine that the Circumstances of the time admitted of a such a Profusion, or that their Representatives have acted upon some Reason of State, and that they did not resume because 'twas better these Estates of the Crown should be in private Hands: When the Silence of those who had right to complain seems to have justified such proceed, and when upon all these Presumptions private Men have gone on for many Years to buy and sell in the way of their common Business, to come afterwards with Cato's Rule and say, There is no praescribing against the Public would be unjust and dangerous. Sylla made strange Alterations in the State of Rome, in its Governments, Magistracies, and also in the Properties of Men; however the Senate had submitted, and in a tract of Time the People was accustomed to these Establishments; but Catiline and his Accomplices, not out of Love to the Commonwealth, Vit. Cic. (as * Plutarch notes) and rather to innovate in things, and to find matter for Civil War, would change what was already fixed; but Cicero and the best Citizens of Rome, thought the Mischief had taken too deep a Root, that to alter what had been done some Years before, and which concerned so many, would alarm and affect too great a number of Persons, therefore the good Patriots of that Age would not consent to break into the Acts of Sylla In the same manner most certainly King Charles acted against the Trust of his high Office, in permitting such a Spoil to be made of his and the Nations Revenue, but no good Man who loves the Peace and Quiet of his Country would desire to unravel what has been done so many Years ago, and in which so many Thousands are concerned. The Evil is grown too big for Correction, 'Tis like a Disease which is become in a manner part of the Constitution, of which to attempt the Cure would be to kill the Patient. They whose Duty it was to take Care of the Body Politic have suffered the Distemper to proceed too far. By the Negligence of the State which for Forty Years together has let this Matter go on without Check and Inquiry, most of those who are in Possession of Grants from King Charles are now Possessors bona fide and purchasers upon a valuable Consideration. Were they now in the Possession of those who had first procured the Grants, no doubt according to the Constitution of this Kingdom they might justly be resumed. But the Case is notoriously quite otherwise; in the space of Forty Years most of those Estates have been sold over and over, and from time to time have passed through so many Hands, that a Resumption from the 1st. Day of his Reign (as they propose who would load this matter to perplex and defeat it) cannot be made without breaking into so many private Contracts, Marriage Settlements, Jointures Mortgages, and Sales for Valuable Consideration, that there is hardly any Tax which probably the People of England would not consent to, rather than bring so vast a Disorder and Ruin upon such a number of private Families. From what has been here laid down it will appear to any disinterested Reader, that King Charles' Grants and those lately made do not stand upon the same Foot, and that the Cases differ in many and very material Circumstances. 1st. The Law is perhaps otherwise now than the common and received Practice of it than was, but, as we have before said, 'tis submitted to the Gentlemen of the long Robe to determine in that Point. 2dly. What King Charles had done was winked at, because the flourishing Trade, Wealth of the Nation and its long Peace might bear such Gifts which were not to be supplied by new and heavy Taxes. But our present Condition is not the same, there was not then raised upon the People quite two Millions per Annum. England of late has paid, and for some time to come will pay, at least Five Millions per Annum. The Public had not then been exhausted, and was not in Debt; we have in Ten Years actually levied Thirty Millions and still own near Twenty Millions, above four of which are not yet provided for. 3dly. The Nation seemed to acquiesce in what King Charles had done, for tho' something was moved at first to restrain and regulate Alienations from the Crown the matter had little Progress and afterwards we have not heard it was pushed on with any Vigour, the Claim was not so strongly made as by the Rules of Justice to take away from the Possessors any Pretences to Praescription. But in our present Case a solemn Assurance has been given from the Throne, That no grant should be made of the forfeited Lands in England and Ireland till there should be another Opportunity of settling that Matter in Parliament in such manner as should be thought expedient. Afterwards, as we have shown, an Address was presented that no Grant might be made of the forfeited Lands in Ireland. And almost in every Sessions a Claim has been put in by the Representatives of the People, and as we have set forth Twelve several Bills have been presented and read all tending to appropriate these Forfeitures to the uses of the War. So that the new Possessors of these Estates cannot pretend that any Silence has given a Sanction to what has been done, or that a quiet and unquestioned enjoyment has so far confirmed their Right as that thereby they may plead Praescription. If any of these Lands have been sold or trafficked 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 purchased 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 Public Good, why has it been never set afoot or mentioned 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 Premises considered, 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 Precedents and according to the Rules of Prudence and Justice, the Bill ought to look no farther backwards than this, or the Reign immediately preceding. 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 produced variety of Precedents to justify such a Proceeding. 'Tis hoped we have given them a full Answer who would engage the King's Honour in Countenancing their Depredations upon the Public. Peradventure we have produced undeniable Proofs that the People of England have an Interest in these Lands, and Perhaps we have silenced 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, infer, and conclude, That more especially the forfeited Estates in Ireland ought to be applied towards Payment of the Public Debts. The Writer of these Papers, from the first time he bent his Studies to Matters of this Nature, has all along endeavoured to propose such Ways and Means of raising Money as might give ease to the Landed Interest of which he hopes what he has formerly published is a sufficient Evidence. 'Tis 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 employed, 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 touched who has been concerned in Procuring Grants all that have participated in his Gild will be alarmed, 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 Intricate 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 examined, it would perhaps be found that the Resumption here proposed is not the only way of raising Money to ease the People in their Taxes. There have been of late Years given in Parliament upwards of Fifty Millions. This immense Sum 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 recovered. 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 Public which has now warmed 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 suppressed and choked before. Thomas of Walsingham calls him Michael at 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 the 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 at Pole, quondam Comes Southfolchiae Regnique Cancellarius Compare page 297, image 149 he is to make it clearly and expressly 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 obtained 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 ventured to pass outrageous Gifts, Douns Outrageuses, as the Records call 'em, whereby the Crown has