ALL Governments, well and wise­ly constituted, as soon as they began to form themselves into a Politick Existence, have separated from Private Use a certain Proportion of their Wealth, and assign'd it to the Uses of the Publick: And this has not only been thought a point of Wisdom by Par­ticular Nations, but Confederated Cities and States have done the same; for the Grecians had a Common Treasury kept in the Temple of Apollo Delphicus, ready at all times to supply such Affairs as they manag'd with united Councils.

[Page 2] 'Tis so necessary to particular Nati­ons, that there never was a Common­wealth without a Publick Stock, which was either great or little; sometimes ac­cording as the State continued in Peace, or was harrass'd with Wars; but most commonly according to the Prudence or Weakness of such as Govern'd; for there have been Examples (as shall be shewn by and by) of States wisely rul'd whom Wars have inrich'd, and of others loosely manag'd that have been impo­verish'd in times of the profoundest Peace.

Commonwealths either in their first Institution have alotted part of their Territory, or in their further Progress have assign'd part of the Lands coming to 'em by Conquest for the constant Ser­vices of the State, both in War and in Peace; and this they probably did, that they might not be compell'd, at every turn, to call upon the People for Contributions.

Where the Government has been by a Single Person, the Prince has had his Portion of Land for his domestick Ex­pences, as appears in the Instance of Tar­quin, whose Fields upon his Expulsion were made Publick; but the Burthen of any War lay upon the whole. In the [Page 3] Kingships settled by the Hunns, Goths and Vandals, where the Expedition was at the Common Expence of all, the Con­quer'd Country was divided. The Prince had his Proportion, his principal Cap­tains and Commanders had theirs, and the Common Soldier was not without his Share: Thus Genserick King of the Vandals, when he prevail'd in Africk re­serv'd to himself the Provinces Bizacena, Azuritana, Getulia, and part of Numidia; and to his Army he destributed by way of Inheritance Zeugitana, and Affrica Proconsularis. In the Establishments made by the Northern Nations, in considerati­on of the Lands so held, certain Services were due from the Soldier to his Cap­tain, and from the Captain to the Prince; and upon the strength of such Tenures, in after times, the Descendants of these People, and their Kings, did subsist and make their Wars: but of this in another place.

What they thus took, or what was alotted to 'em as their Share by Com­pact among their Followers, Good Princes have always reckon'd as belonging to the Publick, and they always made a Di­stinction between what they held in their Private Capacities, and what they held as Publick Persons, and Heads of the [Page 4] Commonwealth. And tho in the Eastern Monarchies erected by Force, and which were Invasions upon the Common Rights of Mankind, the Prince might account himself Supream and uncontrollable Lord of the whole, and not bounded by any Laws; and tho these Tyrants look'd upon the People as no better than so many Herds of Cattle, yet it was not so in the Roman Government as 'twas model'd by Augustus, and as he meant it should be transmitted to his Successors; and most certainly it was o­therwise in the several Kingdoms erect­ed by the Hunns, Goths, and Vandals, upon the Ruins of the Roman Empire. All which shall manifestly appear in the Series of this Discourse.

Good Princes have not only made a Distinction between what was their own Patrimonially, as the Civil Law Books term it, and what the Stte had an Inte­rest in, but many of them, as we shall show by and by, in Care of the Publick, and right Oeconomy, have equal'd the most prudent Commonwealths.

And no doubt such Thrift was al­ways esteem'd a Point of the highest Wisdom, because, the expences of War consider'd, even in the remotest times, shatter'd indigent Governments, and [Page 5] wanting Princes, have been seldom known to compasa great things; besides, being without Money, the Nerves of War, they are obnoxious to the In­sults and Invasions of their Neighbours; not but that wealthy Countreys have been and may be invaded, but we mean that those Nations are most liable to be over­run, and conquer'd, where the People are Rich, and where, for want of good Conduct, the Publick is poor. More­over, there are infinite Examples in Hi­story, of Kings, whose Necessities have made Taxes, too often repeated, the only Fault in their Reigns, and who have thereby lost the Affection of their Sub­jects.

But setting aside the Dangers, Foreign and Domestick, that arise from Profusi­on in what belongs to the Publick, it depraves all the different ranks of men; for in profuse Governments it has been ever observ'd that the People from bad Example have grown lazy and expensive, the Court has become luxurious and mer­cenary, and the Camp insolent and se­ditious.

Where wasting the Publick Treasure has obtain'd in a Court, all good Order is banish'd, because he who would pro­mote it, and be frugal for his Prince, is [Page 6] look'd upon as a common Enemy to all the rest; Virtue is neglected, which raises men by leisurely steps, when Vice and Flattery will in a little time, in a Ministry who mind not what is given away, bring a man to a great Estate; nor is Industry cultivated, where he does his business sufficiently, who knows which way to apply, and how to beg in a lucky and critical moment: And, at such a Season, many of the Peoples Represen­tatives lose their Integrity, when they see others running from every Bench to share in the universal Plunder of a Na­tion.

Kings reduced to Streights, either by their own, or by the negligence of their Predecessors, have been always involved in dark and mean Intreagues; They have been forc'd to court such as in their Hearts they abhor, and to frown upon those whose Abilities and Virtues they secretly approve of and Reverence, in­stead of being Heads of the whole Com­monwealth, as in Law and in Reason they ought to be, they have often been com­pell'd to put themselves in the Front, sometimes of one, and sometimes of ano­ther Party, as they saw it prevalent: A Policy in the end ever fatal to Rulers. Being intangled, they have been con­strain'd [Page 7] to bring into the cheif Admini­stration of their affairs Projectors, and Inventors of new Taxes, who being hate­ful to the People, seldom fail of bring­ing Odium upon their Master: And these little Fellows, whose only skill lies that way, when they become Ministers, being commonly of the lower Rank of Under­standings, manage accordingly; for their own Ignorance in matters of Govern­ment, occasions more necessities than their Arts of raising Money are able to supply; but wanting States make use of these sort of men, and Princes often think they are well serv'd by such, because now and then they can palliate present Evils, but they do but film over a Sore, which breaks out afterwards with greater Ran­cour; whereas able Statesmen would obviate the Mischief in its growth, and, by wholsome Councels, restrain their Masters Bounty before he has nothing left to give, and before his People are weary of feeding endless Expences: But one of the worst Effects of Poverty in a State is, that it frights such as are able to mend things, men of sublime Skill, Integrity, and Virtue, from med­dling in Affairs; for they well know how clamorous, slippery, and difficult the Ministerial Part of Government proves [Page 8] when a Nation is plung'd in Debts, which generally, in all times, have produc'd so many Hurricanes, and popular Storms, as have made wise men, at such a season, not desire to hold the Helm; and this has fatal Consequences, for then the Ship is left to the Guidance of giddy and un­skilful Pilots.

All this good Princes have ever ob­serv'd; and when either the greatness of their Minds, or the Benignity of their Nature, has led them to be too open handed, they have retreated as soon as possible from so false and dangerous a step. But lest they should be careless in a point so necessary to the Common wel­fare, and so much for their own Preser­vation, the Wisdom of the Laws has pro­vided for their Safety in this matter, which fence the Prince's Revenue with divers Constitutions and Restrictions, all intended to preserve it from the Rapine of those about him; in order to which the Politic of well near all Countries has contriv'd that his Gifts should pass and be register'd in several Offices, to the end that either some faithful Minister should put him in mind, or that he himself should have leisure to repent of Liberalities de­trimental to the Publick.

[Page 9] Not only the Law of this Kingdom, but of other Places, and the Roman Laws, provide that the Prince should not be deceiv'd in his Grants; for he whose Thoughts are employed in the weighty Cares of Empire, is not presum'd to in­spect minuter things, so carefully as Pri­vate Persons; The Laws therefore re­lieve him against the Surprizes and Ma­chinations of Deceitful Men.

For his further Security the Laws like­wise inflict severe Punishments upon those who defraud him in his Stores, Treasure, or Revenues, counting such Publick Rob­bers more Criminal than petty and com­mon Theives.

But the Laws seem chiefly levell'd a­gainst those in whom he reposes the greatest Trust, therefore the Legislative Power of all Countrys has rigorously ani­madverted upon such Ministers and Of­ficers, through whose Fraud, Negligence, or Crime, his affairs have suffered any damage, of which in its proper Place we shall give variety of Presidents.

And when he has been exhausted by the too great Munificence of his own Tem­per, and through the false Representati­ons, and subtle Contrivances of those a­bout him, and when thereby the Publick has become weak, ruined, and unable to [Page 10] protect it self, he has been assisted by the Laws, and such as have been vigilant for his safety, jealous of his honour, and care­ful for the common Good, have thought it their Duty to look into his Gifts, and to resume his Grants, of which we shall give divers Instances and Examples.

But notwithstanding the Wisdom of the Laws, and of Law-makers, it has been always a Point of the highest diffi­culty to keep within its proper Veins this Lifc▪blood of the Body Politick, so prone have corrupt Ministers ever been to urge Princes to needless and de­structive Bounty, especially when they themselves are to be the largest sharers in it.

Kings are the Fathers of their Coun­try, but unless they keep their own Estates, they are such Fathers as the Sons maintain, which is against the or­der of Nature, who makes all these Cares descend, and places Fostering, Nourish­ment, and Protection in the Parent; but the Prince is our common Father, and therefore all that tends to his Safety, Ease, and State, is due to him, however the less he is necessittaed to depend upon his Children, the more he is re­spected.

[Page 11] And Kings are not to accompt them­selves Fathers of a Party only, or of none but those who rush into the Presence and whisper to 'em, they are Fathers of the whole Body of the People; They are not to reckon themselves Fathers of of their Favorites only, as Harry the 3d of France did, who said he Would grow a good husband when he had 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, inriched with the Universal Spoils of a Country, and wallowing in Luxury and Wealth, while the whole People groans under heavy Burthens.

Not that Mankind repine that the Prince should have Friends, with whom he may communicate his Thoughts, and unbend his Cares, nor to see such Friends the better for his Favours, 'tis warranted by Examples in the best Reigns; Mecae­nas and Agrippa, cherish'd, inrich'd, and promoted by Augustus, were yet as dear to the rest of Rome, as they were to that wise Emperor: But they behold with In­dignation [Page 12] Men exalted, who return not to the Prince reciprocal kindness, who abuse his Favours, who sell his Words, who, by false Representations, traduce all others, that they may engross him to themselves; who arrogate to themselves all the Good, and lay upon him the blame of unfortunate Councils, who have no regard to his Honor, when their own Safety is in question, whose Advices tend to their own private Profit, without Consideration of their Master's, or the Publick Welfare; who draw all Lines to their own corrupted Center, whose Am­bition is not gratify'd with any Honors, and whose Avarice is not satiated with multiplicity of Employments, nor with repeated Gifts and Grants out of a stript Revenue, and an exhausted Exchequer. '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 robb'd 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 Publick there are [Page 13] a great many concern'd, and when they have made so large a Booty, that they become safe by the multitude of those who have been Partakers in it (for it has been the constant Course of Mini­sters who would rob a Nation with Im­punity, to give to all that ask, and to refuse no man who has either Interest or Parts, that fortify'd by a strong Con­federacy they may bear down all sort of Inquisition and outbrave the Laws) but very often the wants of the people, cry­ing aloud, have awaken'd good Patri­ots, and bold Spirits, whom neither the Power, nor the Number of the Of­fenders, could affright; and these Lo­vers of our Constitution, in many for­mer Reigns (as shall be shown in the progress of this Discourse) have couragi­ously attack'd, and brought to Condem­nation, persons in the highest places of Authority, who, in breach of their Trust, had presum'd to procure to themselves Grants of the Kings Lands or Treasure, and who had converted to their own use what was given and intended for the Maintenance and Preservation of the State.

Princes, when they come to know the true state of things, are not unwilling to prevent their own Ruin, which is mani­fest [Page 14] from this, That the most Wise, Va­liant, and most Heroick 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 Honor, 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 produc'd one good effect, that then the Administration of Affairs was left to the best and ablest Hands. They chose for their mutual Strivings, for setting afoot Factions and dangerous Brigues, times of the profoundest Peace, and at such seasons men grown Popular by wicked Arts, ambitious Pretenders, light Orators, and the worst sort of Citi­zens, had the most sway and Authority among the People, which occasion'd Pho­cion to utter these memorable words to one of this stamp, I am at present against War, tho it puts the Power into my Hands, and tho such turbulent and naughty Spirits as you are, govern all things in times of Peace. But notwithstanding it has thus [Page 15] happen'd in some Commonwealths, it has prov'd otherwise in mix'd Governments, where the several parts of the Constituti­on have their distinct Powers, Rights and Priviledges: And particularly in this Kingdom it has been seen that mens minds have been most disunited, when there was the greatest need of Concord. Among us heretofore foreign Wars, in­stead of allaying Factions for the present, have set 'em in a higher Flame, and, contrary to antient Prudence, when we wanted the best, the worst men have got to be at the Head of business: All which did chiefly proceed from the Ne­cessities to which our Princes were re­duc'd by their Expeditions abroad: For War occasions Taxes, Taxes bring Want, Want produces Discontent, and the Dis­contents of the People were ever the best Materials for designing and ambiti­ous men to work upon; when the Peo­ple is griev'd and sullen, Parties are ea­sily form'd; when Parties are form'd, at first they let themselves be advised and ruled by such as have true Publick Zeal and Virtue, but of those they grow quickly weary, and then they fall into the hands of such as only make a false Profession of it, and in a little time they are entirely directed by Persons, whose [Page 16] sole drift is to build their own Fortunes upon the Ruins of their Country; in the mean while the strength and number of their Party makes these leading men powerful, and gives 'em such weight that they must be courted, preferr'd and bought; often they must have one half to procure the other; and so considera­ble do they grow, that if they are suf­fer'd, they presently invade all Offices and Employments, in which when they are securely planted, they likewise give to one another all the Lands and Reve­nues of the State: And our Histories shew, that in former times, Princes re­duc'd to streights by War, have been forc'd to wink at this, and to permit these busie men, then thought necessary, to do all, engross all, Rob the Publick, share the Crown Lands, and in short to commit what other waste they please. Thus as in Commonwealths the worst men are most powerful in times of Peace, under Regal Governments they are strongest and ablest to do hurt in times of War: But whereas in Common­wealths Peace has brought sundry Mis­chiefs, in the Government by Kings it often produces good order, and bet­ter Administration; for several of our Princes, whose Necessities compell'd 'em [Page 17] to endure the Rapine of their Ministers in time of War, have, in times of Peace, divested those Publick Robbers of their unlawful and outragious Plunder.

We have now upon the Throne a King willing and able to correct the Abuses of the Age, Willing from the wisdom of his Mind, and the goodness of his Temper, Able from that Power and Strong Inte­rest which his Courage and his other num­berless Virtues have procur'd Him in the Hearts and Affections of his People. Men readily obey and follow him whom they reverence, for which reason some Philosophers have placed the Original of Power in Admiration, either of surpassing Form, great Valour, or Superior Under­standing; Heroick Kings, whose high Per­fections have made 'em awful to their Subjects, can struggle with, and subdue the Corruption of the times; A Hercules can cleause the Augean Stable of the [...]ilth which had not been swept away in thirty years. Princes whom their Effeminacy, Weakness, or Levity have rendred con­temptible, may fear Idols of their own making, and stand in awe of Men become terrible, only by greatness derived from them. They may be affraid to pull down Ministers, and favorites, grown formidable by the united Councils of [Page 18] their Faction, by the Number of their Followers, and strength of their Adherents, and so let male-administration proceed on, as thinking it too big to be amended; but magnanimous Kings, who have the People of their side, need entertain no such Thoughts and Apprehensions: they know that these Top-heavy buildings▪ rear'd up to an invidious height, and which have no solid Foundation in Merit, are in a Moment blown down by the breath of Kings. Good Persons indeed, grown great and popular from the [...]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 Intreague [...] of a Court, nor the Difficulties some may pretend to bring upon his affairs, never terrify a Wise and Stout King, bent to re­form the State, who has the love of 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 Accompt; On the contrary, to see upstarts, and worthless Men, inrich [...] with Spoils of a Country, has been th [...] Occasion of many popular Seditions, which [Page 19] wise Kings have appeased by a just and timely Sacrifice.

None are so able to mend what is a­miss in State as Kings who enjoy their Crown from the Subjects Gift; May be it has been sometimes thought harsh in those who were born in Purple to look into abuses with a Stricter Eye than their Predecessors; But Elected Kings are pre­sum'd to come in upon the Foot of Re­formation, and so are justifyed, by the Voices of all Mankind, in pursuing the Ends for which they were called by the People; If therefore such Kings are severe in looking into their Accompts, If they are frugal of the Publick Money, If they examin into the Corruption of their Officers, If they enquire into the sudden and exorbitant Wealth of those who have had the handling of their Treasure, If they rigorously punish such as in breach of their Trust, and con­trary to their Oaths, have converted to their own use what belongs to the State, If they abandon and resign into the hands of Justice such as have robb'd them and the Publick, If they resume what has been obtain'd fraudulently by surprize, and upon wrong suggestions, and If they take back what was too great to give, and much too great to be ask'd, 'tis with [Page 20] the universal Applause of the People, whom this Care relieves from frequent and heavy Taxes.

There is no Good which may not be expected from the Wisdom and Resolu­tion of the Prince who now fills the Throne: When he came over hither he found many of the Chief Rank and Fi­gure overwhelm'd in Publick and Pri­vate Vices, and in a Country so corrupt­ed, 'twas difficult to have a virtuous Court. They who should have help'd him to mend Things, were readier to pro­mote the Disorders by which they might thrive, than to set afoot a Frugality, un­der which they could not so well do their own business; If they had Preach'd up Thrift, as necessary to carry on a long and expensive War, with what Face could such a Great Man have begg'd such a parcel of the Crown Lands, one a vast sum of Mony, another this forfeited Estate, One so much Timber out of the Forrest, his Friend such a Reversion, his Friends Friend such a large Pension? And if they had held the Purse close shut up to others, they must have blush'd when they were begging so much for themselves.

All these disorders are to be attributed to the Corruption of the Times, and to the necessities thereby introduc'd, when [Page 21] Parties were to be gratified, when turbu­lent Spirits, who could obstruct affairs were to be quieted, and when too many expected to be paid for preserving themselves, and their own Country from a foreign Enemy; Insomuch that when our Story comes to be read hereafter, Poste­rity will wonder (where the Subjects were so craving at Court, and in another Place) how the Prince could save, from such a Number of Spoilers, wherewithal to carry on his Wars abroad.

The Kings admirable Conduct has wa­ded through all these Difficulties, He has given as a Peace when the continu­ance of the War was desired by too ma­ny at home, as better conducing to their dark designs. At his first coming over he sav'd that Religion which our mean Com­plyance under former Princes had put in danger. His prudence kept for ten years a People, divided amongst themselves, united against the Common Enemy. All the Misfortunes in his Reign have been the Result of our proper Corruptions, all the Good the Effects of his own Wis­dom, and his Virtues will at last bear down, and master all our Vices.

He first form'd that League which has preserved the Liberties of Europe. He has with a Confederate Army manag'd a long [Page 22] War, and brought it to a good Conclu­sion, of which there are but few Exam­ples in History; for tho the beginnings of Confederacies have been always vi­gorous, and successful, their Progress has been generally feeble, and Event unfortunate. By his Interest and Power he has made a King of Poland, an Elect­or of Collein, and erected a ninth Electo­rate in the Empire. He has restored the Duke of Lorraine, and taken the Bri­dle off from the Heads of the Italian Princes, by having been the Cause that Cazal and Pignerol were demollish d. He has procur'd advantageous Terms for all his Allies. He has caused fortified Towns and large Provinces to be restor'd, which had been couquer'd long before He forced his Potent Neighbour to make the the first Advances towards a Peace, which is more than Wise Men, when the War began, could promise to themselves in their most Sanguine Hopes. He made himself be sought to when his Enemies prosper'd, and when the Confederate affairs declin'd. All which are manifest Proofs that he is as Great in the Cabinet as in the Field.

And, to Crown all his Glories, by one Act he has shown his Goodness to hu­mane kind, and given a Demonstration that he never desired Power but for the [Page 23] Benefit of others: His so cheerfully dis­banding the Army at the request of his Parlament, is a Proof, beyond all Contradi­ction, that he both Loves and Trusts his subjects, and that his Noble Mind, consci­ous of no ill is apprehensive of no Danger.

While Tyrants, who inslave their Country, are affraid tho inviron'd with Numerous Troops, He knew himself to be sufficiently guarded by the Affections of his People: Many Princes who have taken up Arms to relieve an oppress'd Nation, have made it appear, in the course of their Proceedings, that they were incited to it by some Ambitious Ends, and not alone mov'd by a true desire of that Fame which follows virtuous Deeds, and the People they came to redeem have after­wards found that they did no more than change one bad Ruler for another; But this Heroick King has follow'd the Pattern of Timoleon the Corinthian, who not only rescued the Sicilians from Ty­ranny, but likewise left 'em in full Posses­sion of their Freedoms: He has squar'd his Actions by those of T. Quintius Flaminius, who when he had subdu'd the Macedo­nians, and reduc'd King Philip to Terms of Peace, erected an eternal Trophy to his future Renown, when he pronounc'd by the Voice of a Herald, That Greece [Page 24] should thence forward be exempt from Taxes, Impositions, and Garrisons, and Free to Govern it self by its own Laws. The same Liberties did the King in effect Proclaim for ever to all England when he deliver­ed us from the Expences, and (which lay more heavily upon us) from the Terror of a Standing Army.

His happy Reign has not only freed our Persons, but likewise set our Minds at Liberty, which had for many Years been inslav'd by wrong Principles of Ʋn­limited Obedience due to the unlimited Ex­ercise of Power: Notions with which the Schools had poison'd our Youth, and which only serv'd to draw the Prince on to Govern amiss, but prov'd no secu­rity to him when the People were grown weary of ill Government. The late Re­volution, justified by its Necessity, and by the Good it has produc'd, will be a [...]asting Answer to all that foolish Doctrine; so that, with the other Blessings of this King's Accession to the Throne, the very President is not to be accompted among the least: Insomuch that what we did at that time, not only freed us then, but has set Liberty it self upon a better Foot, and cur'd us of those blind Errors, and dark Mists which our own Luxuries, and the Craft of Courtiers, had brought upon our Understanding.

[Page 25] A Prince thus adorn'd, fear'd for his Courage, admired for his Wisdom, and belov'd for the Good he has done his Peo­ple, must certainly be able to surmount the greatest Difficulties. 'Tis not a B [...]ffl [...]d and dishearten'd Party, lingring may be after their former Bondage, can give him any Opposition Much less need he ap­prehend the Mercenary and inconstant Crew of the Hunters after Preferment, whose Designs are always seen through, who are dispis'd as soon as known, and who only lead one another.

But a King who would reform the State for the general Ease and Benefit of his People, must expect to meet with some Difficulties, especially if a great many of those about him are Partakers in the Abuses he would correct: All sort of Rubbs will be laid in the way, and the Fears of such as may be call'd to an accompt will make 'em set all kind of Engines at work.

First they will put a high Value upon their own Deserts, and arrogate to them­selves the Single Merit of the many Mil­lions which the whole Nation has both freely paid and Granted: They will produce Presidents of other Ages, and show long Lists of Grants obtain'd under former Reigns; but, at the same time, [Page 26] they will take care not to mention how such Proceedings have been always Re­sented, and often Punish'd in this King­dom.

They will endeavour to blast the Repu­tation of such as would enquire into their Actions; and tho perhaps there are no o­ther possible Ways and Means left to sup­ply the State, but by making 'em disgorge, and but by bringing them to a Restitu­tion, yet they will pretend that all Mo­tions leading thereunto, and all Inqui­ries of this nature, are nothing but the Effects of Discontent, and the Result of Faction.

And because, in all their Doings and Councils, they have never had any view but their own private Profit, they will do their best to perswade the World, that no man acts upon Principle, that all is sway'd by particular Malice, and that there is not left in the Kingdom any Party of men which consult the Publick Good.

They who are conscious of their Guilt, and apprehensive that the Justice of the Nation should take notice of their Thefts and Rapine, will try to give all things a false Turn, and to fill every place with false Suggestions: Sometimes they will accuse Innocent Persons, that so, by put­ting the People upon a wrong Scent, [Page 27] they may avoid the Pursuers, and scape unpunish'd: At other Seasons they will boast of the Number of their Friends and Adherents, thinking to awe both the Court and Country with an Opinion that their Party is too Strong, and too Pow­erful to be resisted.

And, that the knowledge of their Crimes may never reach the Prince's Ear, they will endeavour to engross him to themselves, by misrepresenting all others that are not of their Cabal, either as dis­affected to his Person, or as Enemies to Kingly Government. Thus they did heretofore; and tho there were truly but two Parties in England, consisting of those who would promote male-admini­stration, because they got by it, and of those who desir'd things might be well Govern▪d, that they, and such as they represented might be eas'd; which two sides were heretofore distinguish'd by the Names of Court and Country Party; to which likewise they could have put an end, whenever they had pleased to have minister▪d less occasion of Complaint; yet they will revive old Names of Distinction, giving odious Appellations to the best Patriots, pretending there are dangeroes Factions form'd, so to frighten the World with Phantoms of [Page 28] their own Creation. These false turns they will give, and these wrong Sug­gestions they will make, in order to drive all Power into what they call their own Party, as if any Prince could be safe that should rely upon so narrow and Rotten a Bottom.

And when their Actions shall here­after come to be examin'd in that Place to which our Constitution has intrusted the Inquiry into, and the Punishment of such Offences, '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 Seruices, and Labours in the State; what Projects have we not set afoot, and what summs have we not procur'd? Did not the Ministers in King Charle s's Reign give away the Crown Lands; Recal those Grants, and we are ready to surrender ours, Resume all or none: 'Tis next to Demonstration that these Clamours arise from a Dis ontented Party, who would disturb the Government; they who lookinto our Proceedings act out of Malice, because of the great thing we have done a­gainst France; what if such a one got a hundred thousand pound at once, did he not save the Nation? If we are us'd thus, what Encouragement will there he to serve Prin­ces? [Page 29] For my part I will never meddle more in your Business; All this tends to lessen the Monarchy, invade the Prerogative, and to set up a Doge of Venice. I Sir (perhaps there may be added) and the Majority are of this Opinion. By this high Bearing, and these false suggestions, heretofore, well meaning Persons have been fright­ned from reaching at great offenders, and even the best Patriots, by seeing with what warmth and Zeal the smallest Corruptions are defended, have been wearyed into Silence; And this has made some of our Kings believe that either the Offenders were grown above the Laws, or that the People consented [...]o those things which they did not think fit to pu­nish. But wise Princes see through all this, They know that an honest and faithful Minister will be contented with mode­rate Favours; That very often nothing but the ill Contrivance of the Aid belongs to those he employs, and that the Gifts come from the free Affections of the Subject; That Patterns to Rule by are to be sought for out of Good, nor loose Reigns; That Inspections which look too far backward produce nothing; That a few may complain without reason, but that there is occasion for Redress when the Cry is universal; That no [Page 30] Military Action, or other Merit, can give a Man a just Title to Rob the Publick; That even good Ministers are thought no more on when they are out, and that certainly Bad ones may retire without being mist; That absolute Power is not a Plant that will grow in this Soil, and that Statesmen who have attempted to cultivate it here have pull'd on their own, and their Masters Ruin. A wise Prince likewise does not care to see Cor­rupt Officers so earnest to save one ano­ther, for 'tis always at his cost; Nor does he like that his Ministers, when at­tack'd, should be able to protect them­selves in their Crimes by the Power of a [...] for they who are strong enough to bear down the Law, may presume, in time, to think they subsist by their proper Strength, and that they stand upon their own Legs, and so come at last to slight his Authority.

Bad Men have ever given a false Co­lour to their Proceedings, and cover'd their Ambition, Corruption, and Rapine with the pretence of their Masters Ser­vice; They make him believe their Great­ness advances him, whereas truly it tends to his diminution, and he is often weak for want of that Wealth and Power which they share among one another: Their [Page 31] Riches has frequently brought Envy up­on the Prince, but we can hardly meet with an Instance of any who in his Di­stress has been assisted from the Purses of his Ministers, for they are commonly the first who fly from his Misfortunes: And tho they pretend that his Power is re­ver'd in them and that they make him Strong by the Benefits he lets them be­stow, yet a Wise King sees through all this Artifice, and knows▪ That he who would reap any Advantage from his Favours in the Opinions of Men, must make 'em sen­sible that they owe 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 arriv'd at great Pow­er by wicked Arts, none have prov'd 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 [Page 32] Defects. Turn out, and discountenance such as are not intirely 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 tryed 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, Knowledg, and Experince in affairs; however we are more diligent, and better united. But does not there lye 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 Publick hatred, and tho 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 reserv'd, and do not the best men among [Page 33] 'em refuse to meddle in the Administration? with such like false whispers, in former Reigns, the Ears of Princes have been poison'd, And by these pretended Friends they were induc'd to Purge, as they call it, till the Body Politick 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 frown'd upon, de­press'd, and utterly trodden down; And thus they Lop, and Lop, on this, and that hand, cutting away the Tall, Sound, and Substantial Timber that us'd 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 Ax to its very Root.

[Page 34] Some Kings have thought it Politick to nourish Factions in their Court, but then they preserv'd themselves Neuter, and so made both sides subservient to their Designs, and even this has been ra­ther esteem'd 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 So­veraign 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 compass'd, He should quite root out Faction, but if the Disease be too inveterate to be cur'd, 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 [Page 35] 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 Publick 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 pitch'd upon for the Ministerial Part of Government, who are most remarkable for their Capacity, Experience, Integri­ty, and Knowledg 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 [Page 36] for the Publick 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, then 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 discountenanc'd, frown'd upon, out of Credit, and discourag d from inquiring, because their Inquiries are blacken'd 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 show'd 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 forc'd, against the Nature of their Office, to protect the Bad against the Good, and even to defend the Male-ad­ministration by which they suffer'd.

They who were for Engrossing the Prince to Themselves, and who endea­vour'd to make him Suspect all others, [Page 37] gave their pernicious Advice this false Turn, That because many Great Men retir'd, and because neither They, nor such as were call'd of their Party, show'd 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 consi­der'd, it was a wonder, in former Reigns, to see Persons the most conspi­cuous for Understanding, deep Reach and Experience, employ their time with their Books in making Gardens, or in Building, and that they should not ra­ther seek those Dignities, to which their Birth and Superior Abilities did in a manner give 'em a just Right. Why did they let the chief Offices of the State be polluted by mean Hands? Why did they suffer others to ruin that Country which was in their Power to save? And why all this Philosophy in so light and busie Times? Why has there been now and then a kind of a Press issu'd out for Ministers, so that as it were the Vagabonds and Loyte­rers were taken in? Why have some Men been condol'd by their Friends for having been drawn in to take a [Page 38] Great Place, and why have others been universally Congratulated when turn'd out, tho with Marks of Displeasure? when all this happen'd it could not be without a Reason, there must have been some Strong Inducements that should move the Prime Persons of a Nation to shun Employments attended with Pow­er and Profit. No doubt, in former Reigns, it was Because they did not like the Administration of affairs, nor the Persons with whom they were to be ioyn'd; Because they perceiv'd dark De­signs carry'd on against our Liberties, and that they were not willing to mix in de­sperate Councils, nor to participate in the Blame of what they should not be able to hinder; Because they saw the Prince Robb'd by those about him, his Crown Lands all shar'd and given away, and his Treasure wasted, and Because they saw Things done that would bear no Inquiry, and that could never be justifyed before the People.

They knew that our Laws put little Difference between a Minister who con­tracts actual Guilt himself, and him who permits others to commit a Crime, which by the Authority of his Office he might have prevented; Therefore when bad [Page 39] Things were in Agitation, and when destructive Advices were promoted, Some have refus'd Employments, others have laid down White Staves, the Se­cretaries Seals, the Privy Seal, the Great Seal, and other Offices of high Trust, rather than Act against their Ma­sters true Interest, and the Constitution of their Country. And for these Rea­sons, in former Reigns, the Ablest and Greatest Persons in the Nation, and some­times whole Parties of Men, have refus'd to meddle in the Employments and Bu­siness of the State.

But when these Errors may be correct­ed, which a few commit at the Expence of the whole Kingdom, when things will bear a right Administration, when the Nations Money may be frugally ma­nag'd, when the Thefts upon the Pub­lic can be look'd into and Punish'd, when those Servants may be call'd to an Ac­compt who have broken their Trust, and in their Offices consented to the Plun­der of their Master, When true Order is promoted, When that Thrift can be set afoot which will ease the People in their Taxes▪ When the pleasant Work of doing Good is to be perform'd, and When they have not before their Eyes [Page 40] the frightful and heavy Task of support­ing ill Conduct, All Persons will em­brace the Government, All Parties will cheerfully come in, and the best Men will be the most Eager to assist the state with their Purses, Councils, Endeavours, and Affections.

And thus we hope to have fully an­swer'd their Arguments who would de­ter a Prince from looking into their Corruptions, by making him believe, that thereby he will injure his only Friends, and who would narrow his Interest by confining his Favours to their Party.

A King never wants Assistance who will look into abuses, and their Faction whose Interest it is to protect Male-admi­nistration, will be found very weak when He is earnest to have what has been amiss amended, because but a few are Gainers by Misgovernment, and a Multitude are injur'd by it.

But as all Seasons are not proper for Physick, so all Times are not fit for purging the Body Politick; Times of Action and War are not so convenient for such Councils as tend to correct A­buses in the State. Perhaps, during the late War, some Things may have been [Page 41] done in England, which the King, in his high wisdom, may think necessary to animadvert upon now when He is at leisure from His Business in the Field; And no doubt when He goes upon so good a Work, He will be assisted by all the best Men of all Parties, and by the whole Body of His People.

The Writer of these Papers has con­stantly endeavour'd to make his Studies tend to the Service of the Publick, and his Aim has been to incite in Young Gentlemen a Desire of being acquainted with the Business of the Nation, and this knowledge lying under abundance of Rubbish, his Scope has been to remove this Rubbish, and to dress up crabbed Matters as agreeably as he can, and to give, as it were, short Maps of Things which others will not take the Pains to travel through themselves: In order to which he has devoted his Hours of Lei­sure to Inquiries into the Trade and Re­venues of this Kingdom; And not serv­ing his Country in an Active Life, he hopes to make his Solitude and Contem­plation of some use, so as to show him­self not altogether an unprofitable Mem­ber of the Commonwealth.

[Page 42] And the Parliament having last Sessions Constituted Commissioners for Inquiring into, and Taking an Accompt of all such Estates, both Real and Personal, within the King­dom of Ireland, which have been Forfeited for High Treason by any Person or Persons whatsoever, during the late Rebellion within that Kingdom. And the House of Com­mons (as appears by their Printed Votes) having directed that the Grants of the Crown Revenue in England should be laid before 'em; And it being Notorious that almost all the Land remaining in the Crown of England at the Revolution, and that much the largest Share of the late forfeited Estates in Ireland, are now got into Private Hands; And the Peo­ple at this time lying under a great Varie­ty of New Taxes, And the Necessities of the State being very pressing, And the Publick lying under many heavy Engage­ments, and the Honor of the Nation be­ing in a manner at Stake to make good several Deficiencies, All Ways and▪Means of Raising Money being likewise difficult to the last Degree, It appearing also rea­sonable to consult the Land Interest, and at last to give the Landed Gentlemen some Ease, who have born the chief Burthen of the War; And no Fond [Page 43] being large enough to come in the Room, and Place of Land, except the late Forfeitures in Ireland; And all Men thinking it but just and fair that the War in Ireland should pay some part of its Expence, Our Debts likewise being so immence, that every thing should be look'd into, and all possible Thrift thought upon, Mankind also abhorring to behold a Few inriched with the Spoils of a whole Country, and to see Private Per­sons accumulating to themselves vast Wealth in this Poverty of the Publick, 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 Publick, 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 [Page 44] their Disposal, but always thought that the Publick, 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 produc'd 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 Kings Crown and Dignity, And that when those Lands and Revenues had been parted with which were alotted for his, and the States Service, Parliaments have seldom fail'd 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 Kings Lands, And how both this Nation, and other Countreys, have pro­ceeded with those who did imbezzle, or convert to their own use the Revenues of the Prince.

[Page 45] In the fifth Section he will state the pre­sent Deficiencies in diverse Fonds, and of­fer several Reasons why the Forfeited E­states in Ireland ought to be apply'd to­wards Payment of the Publick Debts.

IT may not be amiss to give the Pro­spect of a vast Empire, rais'd to its Greatness by Wisdom and Frugality, and ruin'd 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 order'd that the Revenue accruing to the Commonwealth should be laid up in the Temple of Saturn, perhaps that the Re­verence of the Place might make it be [Page 47] 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 touch'd but in cases of the last Necessity. 'Tis true, for some Ages the Publick 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 entertain'd Thoughts of en­larging their Dominion by distant Con­quests▪ they became more sollicitous to gather such a stock as might uphold the State in times both of War and Peace, without burthening the [...]lebeians (a matter by them ever carefully avoided) in which they were very much assisted by the virtue of those to whom they in­trusted the Command of their Armies, of which for a long time every one be­hav'd himself like a faithful Steward to the Commonwealth, accompting exactly for such Spoils as were made upon their [Page 48] 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 Conquer'd Provinces of Greece. Their Generals, as well as their Statesmen, did not think of building up Fortunes to Themselves, but of inriching the Com­monwealth: And till some few years after the last Punick 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 hatch'd wicked Designs against their Country, and who thought Private Wealth an Engine very needful for such as pur­pos'd to overthrow Publick Liberty; of which number were Marius, Sylla, Pompey, and Caesar: Among these Rob­bers of the World Lucullus may be reck­on'd, who perhaps had the same Inten­tion as the rest of inslaving 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 em­ploy'd in a quiet Life, join'd with ex­cessive Luxury, what the others made [Page 49] subservient chiefly 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, tho these men mind­ed their own Concerns more than be­came good Patriots, yet all of 'em en­rich'd their Country, and the vast summs 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 Conquer'd 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 propos'd to himself and and Soldiers. Scipio in his Treaty of Peace with the Carthaginians, oblig'd 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 [Page 50] 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 presens, 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, oblig'd him to pay Ibid. Talenta centum [Page 51] [...]rgenti in praesenti, & quinquaginta Ta­enta in Singulos annos per annos octo. [...]orcius Cato when he Triumph'd for the Conquest of Spain lodg'd in the Publick [...]reasury Ibid, Argenti infecti XXV millia pondo, [...]igati centum viginti tria millia, oscensis uingenta quadraginta: Auri pondo mille uadringenta. T. Quintius Faminins when [...]e Triumph'd 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 pro­os'd 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 Triumph'd or the Conquest of Asia brought home [...] Argenti pondo CXXXVII millia; & † Tit. Liv. l. 37. [...]CCCXX. besides Plate, and Gold and ilver coin'd. Cn. Manlius when he Tri­mph'd for his Victories in Gallo-Graecia, [...]esides other Wealth, brought home [Page 52] Tit. Liv. 1. 39. Argenti pondo CCXX Millia: auri po [...] ­do MMCIII. And 'tis observ'd that whe [...] Aemilius Paulus had subdued K. Persen [...] [...] V [...]. Paul. Aemil.he lodg'd in the Publick 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 Battels 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 Ʋ [...]isensis broug [...] 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 Ptolomy w [...] poison'd 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 H [...] ­nour, we thought it not amiss to lay [...] ­fore 'em these Examples of antient Th [...] and Oeconomy, by which Rome was [...] abled to manage so many, and so exp [...] ­sive Wars: From whence may be very w [...] [Page 53] inferr'd, that this Commonwealth had ne­ver reach'd to so high a Pitch of Greatness, if their Commanders abroad had been per­mitted, without any Accompt, to convert to their own use the whole Spoil; Or if at home the Consuls, Praetors, Ae­diles, or (which is yet worse) if the Quae­stors, or Treasurers, had been allowed to procure Grants to themselves; from the Se­nate, of such Lands, as, from time to time, accrued to the State by right of Conquest. On the Contrary, had this sort of negli­gent and foul Conduct been suffer'd in their affairs that Ruin must have happen'd [...]ong before, which came upon 'em as soon as they grew corrupted.

No Empire was ever great and strong enough to carry on long Wars without any other Fond but its own Revenues, and those Nations which have attempted it, have been quickly exhausted; For a tedi­ous Course of high Taxes raised to main­tain Armies abroad, will as much impo­verish the Invaders; as the Excursions and Depredations of a sudden War destroy the Invaded; and where matters are not so wisely order'd, as that the Invaded are compell'd to pay the largest part of the Reckoning, the Conquerors will, in no long Tract of time, be brought to as bad a Condition as the Conquered People.

[Page 54] The Romans took their Measures better They made very few barren Expeditions▪ And tho 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 [...] Expences, which they brought about su [...] ­dry ways; From some vanquish'd Nation they took part of their Territory, sendi [...] thither Colonies of their own, by which at one and the same time, they disbu [...] then'd themselves of a great many Indige [...] People, and Planted so many Strong Ga [...] ­risons to secure their Conquests. Oth [...] Countries they reduc'd to Provinces, ta [...] ­ing to themselves part of the Tribut [...] which the Natives before paid to thei [...] Tyrants. To other Places they alotte [...] the Payment of a Certain quantity [...] Corn, from others they required the fu [...] ­nishing of Ships of War, and Ships [...] Burthen: P [...]ut. vit. Sy [...]e. Sylla compell'd Mithridates, their Interview in Troas, to deliver to him seventy Gallies with all their Trim They took either Arms, Ships, Soldiers Mariners, or Provisions, from well nigh all the Nations that were honour'd with the Title of Allies and Friends to the Peo­ple of Rome, who were no better than Tributaries under a softer name.

[Page 55] By these Courses, as they enlarg'd their Empire, they increased the Publick Revenues. * Pompey by his Victories brought [...] Plut. vit. Pomp.the ordinary Income of the State from what before answer'd to about 1,250,000 l. of our Money, to 2,250,000 l. per Ann. which was yet farther augmented after­wards when the Gauls and Egypt became Provinces of Rome.

The Money lock'd up in the Temple of Saturn was rarely touch'd; we do not find any considerable summ drawn from thence till Hannibal had been in Italy ten years, about which time twelve of the 30 Latin Colonies refusing to give any As­sistance to the Common wealth, In this danger, Tit Liv. l. 27.Caetera expedientibus quae ad bel­lum opus erant Consulibus, Aurum Vicessi­maerium, quod in Sanctiore Aerario ad ulti­mos Casus servaretur, promi placuit Prompta [...]ad quatuor millia pondo Auri. But when Caesar invaded the Liberties of his Country, this sacred Treasury was ransack'd. Ap­pian Alexandrin says, Bell. [...] 1. 2.Intactas ad id tem­poris Pecunias abstulit. Florus says, speaking of this Action, [...] l. 4. [...]. [...].Nec Pompeius ab Italia quam Senatus ab Ʋrbe fugatur prior, quam poene vacuam maetu Caesar ingressus Consulem Seipse facit, Aerarium quoque Sanctum, quia tardius aperiebant Tribuni, jussit ëffring [...], [Page 56] censumque & patrimonium populi Romani antea rapuit, quam imperium. Some pre­tend to tell the exact summ 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 impair'd by the Civil Wars between Caesar and Pompey, and between Caesar and Pompey's Sons, as also by the Civil Wars which Augustus maintain'd 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 increas'd 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 entertain'd Thoughts of transmitting the Empire to his Family, he set himself to put the Revenue in order, and to [Page 57] inrich the Publick, as other Great [...] had done before him. But beari [...] [...] he did, a great Mind, his principal [...] was to embellish the City with magnifi­cent Buildings, * Ʋrbem 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 happen'd rarely, and yet at his Death there was treasur'd up a prodigious Summ, Tacit. l. 3. An. Vicies ac Septies Millies HS. which reduc'd to our Money makes 21,093,750 l. A wealth even in this Age perhaps not to be equall'd by any of the Eastern Kings, all which his Successor Caligula squander'd 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 summ was chiefly gather'd toge­ther under the long and peaceful Reign of Augustus, who had one Quality that [Page 58] never fails to make a Prince rich, which was that he look'd after the Publick Ac­compts; 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 be­queath'd 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 Accompt as had any ways defrauded the Publick. That he made the fore­me [...]tion'd Distinction is plain from this, tha [...] tho he left the Commonwealth in so flourishing a Condition, yet in [Page 59] his Will he excus'd the smallness of his Legacies from the Streightness of his Private Fortune; * † Ibid. Excusata rei fami­liaris mediocrit [...]te; alledging there would come very little to his Heirs, tho he had in twenty years inherited from his Friends quaterdecies Millies, that is, 31,250,000 l. and tho 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 Publick 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 Publick, as the only means a good Ruler has to avoid burthening 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 Panegyrick 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 [Page 60] 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 & Saxo Tarpeio dijicitur, ac ne dubium haberetur Magni­tudinem pecuniae malo vertisse aurariasque ejus, quanquam publicarentur, sibimet Ti­berius seposuit. Nero, among other things promis'd the Senate, Tacit. An. 13. Nihil in Penati­bus suis venale, discretam domum & Rem­publicam, Teneret antiqua Munia Senatus; That nothing should be Venal in his Pallace; That his own, and the Re­venue of the Commonwealth should not be confounded together, and that the Senate should injoy its antient Priviledges. This Speech he made at the beginning of his Reign, when he was guided by the Counsels of Seneca, who, as Tacitus takes notice, penn'd 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 [Page 61] 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 Publick Revenue for the Uses of the Publick: While he kept to these Rules, his Reign, tho not quite Innocent, however was not so Monstrous, but when his Flat­terers had made him believe that the whole world was Caesar's Patrimony, then 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 Expences 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 Mothers Succession, and what came to him from the Confisca­tion of Seneca's Wealth, which a­mounted [Page 62] Tacit. 13. An. to 2,343,750 * Ter Millies HS. And when his Gifts were look'd into by Galba, it was found that he had this way consum'd 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 oppress'd 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 groan'd for many Years, and who by their Profusion were first led into Rapine and Murther.

[Page 63] And as a further Instance how fatal the Prodigality of Princes is to their Na­tions, The Roman Empire was so distress'd by the Riots and Expences of Nero, Otho, Vitellius, (who altogether) (including Galba's time) reign'd 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 rais [...]g 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, devour'd 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 Publick, and to put the Empire into a posture of Defence, [Page 64] was fore'd, 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 compell him to Actions, for which, at the time and in after Ages, his Virtue will be censur'd: For tho this Wise Empe­rour had nothing in his thoughts but the good of humane kind, and tho 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 [...] maxime fovit. And tho these and many other Noble things are said of him, yet he is reproach'd with his ways of raising Money, for not only he set up again several Impositions a­bolish'd by Galba, but he added new and more heavy burthens, he augment­ed the Tributes of the Provinces, and in some Places doubled 'em, He him­self [Page 65] exercis'd divers sordid Monopolies; He made an open Traffick of Honors, 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 doings 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 Princes avoid being reduc'd to such Necessities.

How far Vespasian proceeded in dis­engaging the Publick from the Debt of 312,500,000 l. History is Silent, but we may presume he and his Son Ti­tus (who between 'em govern'd up­wards of twelve Years) went a good way towards putting things in order, however all was again unravell'd 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 Publick [Page 66] 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, tho 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 Publick Money, that when he was going upon an Expedition a­gainst the Seythians, he would not draw any Summ from the Treasury with [...] first having permission from the Senate, affirming Xiphil. ex Dion. M. Anto. That such Mo­ney and every thing else belong'd to the People of Rome; and saying before the Fathers He had nothing in parti­cular, no not so much as the House be­liv'd in: This Prince and Philosopher another time before, being press'd by his Army for a Donative after a Signa [...] Victory, refus'd it▪ with this memorab [...] Saying, The more I give these young Sol­diers, the more I must oppress their P [...] ­rents. What had been collected in fiv [...] wise and frugal Reigns, was dissolutel [...] wasted by Commodus in twelve Year and Nine Months, Insomuch that whe [...] Pertinax came to the Empire he foun [...] in the Treasury (as he declar'd before th [...] Senate) but what answers in our Money [Page 67] 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 mis-led by ill Statesmen▪ But whoever considers the Lives of such as have rul'd tyrannically, and oppress'd 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 go­vern'd ill, and why have most of 'em rather inclin'd 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 tho their Persons are made Sacred, and defended by innumerable Laws, tho they are set so much above the rest of Mankind in Titles and Priviledges, tho their smaller Faults are either forgiven or approv'd of, tho they have ample Provision made for their State, Pomp, and Safety, and tho all manner of ways they are sufficiently recompenc'd for the [Page 68] 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, call'd out, Xiphil. ex Dion. Sever. Is there any Publick 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 call'd 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 [Page 69] 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 publick Concerns, but chiefly such as relate to his Income and Expences, that with less Observati­on, and more Impunity, they may prey upon him: For tho Care of Ac­compts, 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 Peoples ease, no doubt diverted from it by such as have had the Management of their Affairs. All the Riots, Expences, as well as the Cruelties of such of the foremention'd Reigns as prov'd 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 urg'd on to greater Excess and Rage by Cleander, who taken from the [Page 70] 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 endeavour'd 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 kill'd in the at­tempt, the Court and Camp being then both so deprav'd 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 en­deavour'd 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 [Page 71] Major part: He consum'd as much as one could do who govern'd 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 Soveraignty, and in Fo­reign Expeditions into Parthia, Ara­bia, Palestine, Egypt, and lastly into Brittain: And tho this was a Reign of War, and tho Severus was expensi [...] in Publick 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 show'd in the universal Business of the State. And though he may be reckon'd a­mong the Cruel Emperors, yet 'tis observ'd of him that he never hunted after Confiscations, from whence we may infer he grew rich by meer Oeconomy, his Story being an Instance that neither Liberality, War, nor any other Expence, will hurt a Prince who minds his own Affairs.

[Page 72] His Son Antoninus Caracalla succeed­ed, who lavish'd among the Soldiers what his Father had so carefully laid up, having for above six Years toge­ther robb'd the whole World to en­rich them, plundering, confiscating, and murthering the best Men of the Empire, to seed the licentious Appe­tites of his Men of War, and yet he was kill'd in Mesopotamia, in the midst of that Camp he had so much courted and favour'd; from whence may be observ'd, that the Love of Subjects is not to be bought with Money, but to be obtain'd 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. Ca­ [...]acal.Actions, one was to * utter false Money, issuing out Lead Silver'd over, and Copper gilt, as legal Coins. And perhaps it will not be foreign to our present Subject in this place to make some short Ob­servations [Page 73] 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 look'd after. Marc. Anthony the Tri­umvir began first to debase the Ro­man Coin, his Example was afterwards follow'd 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 Ʋ C. Q. Fabius being Consul, 5 years before the first Punick 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 Coin'd 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 coyn'd 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; [Page 74] and, for a good while, when they diminish'd the Silver Coin, they di­minish'd the Gold Coin in Proportion, so that whereas under the Consuls they Snellius in Erotost-Batavo.Coin'd 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 les­sen'd in weight. From Vespasian to [...] ­lex. Severus it stood at a stay▪ in respec [...] 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 Politie. The Gold Coin did likewise suffer its change [...] [...] Greaves of the Ro­man Foot and De­narius.and diminution; For * Greaves, who in his Travels had weigh'd many of the Aurei collected in curious Cabinets abroad, and not impair'd 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 [Page 75] Gr. English. This in general may be observ'd, that with the Empire the Roman Coins declin'd, necessity dri­ving the Prince, as the Species grew scarce, to put a higher value upon it. When we reflect upon the vast Summs 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 Summ of their Money answer­ng to ours would maintain a Man in the same Port as the same Summ does Tacit. 13. Ann.now; As for Example, Nero allow'd [...]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 maintain'd [...]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 [Page 76] of living, and not less, for Vespasian, who look'd to what he did, would not have given so much, if less would have suffic'd. 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 center in one City, And there it might have continu'd, and in the near adjacent Provinces, and this Wealth might, for ought we know, have preserv'd the State to this day, if, as in the times of the Common­wealth, or, as was done under wise Reigns, they had preserv'd a sufficient Proportion of it treasur'd up for the uses of the Publick. 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 Publick was so exhausted, and when [Page 77] Private Men were so impoverished as not to be in a condition to help the Publick, the Empire was left naked and defenceless: For a great Domini­on is to be secur'd but two Ways, either by Virtue, or Force; by Virtue such as the Romans and Athenians shew'd 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 impove­rish'd 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 shew how much the Coin of a Coun­try is its true Pulse; and That if it beats irregularly, 'tis a Symptom that the Body Politick labours under some dangerous distemper; That if the Prince be compell'd to diminish its [Page 78] weight, tis a Token that the Species begins to be drawn out of his Do­minions; That if he be forc'd to sub­stitute something else in the room of Gold and Silver, as Caracalla did Lead, 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 Expence 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 open'd, their wealth afterwards more than once flew out the same way. After this ignomi­nious [Page 79] 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 perswaded him to adopt his Cousin German Alex­ander Severus who succeeded, Lampri­dius in Alex.He govern'd 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 mauy Revolutions in the Empire, and much confusion, till Constantine took the Govern­ment upon him. Alexander Severus was kill d in the 988th year ab Ʋ. C. and Con­stantine began to rule alone Anno ab Ʋ. C. 10 [...]7. And whereas two good Princes Edw 3d, and Q. Eliz. rul'd in this Kingdom above 94 years, Rome between the time of Alex. Severus and Constan­tine, which was but 89 Years, saw [Page 80] 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 weakning 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 [...] possess'd themselves of Pannonia, and the Parthians having seiz'd upon Meso­potamia made Inroads into Syria.

[Page 81] 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 flourish'd; 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 Publick. 'Tis true, where there were so many Changes, and so frequent Civil Wars, 'tis not probable any Money cou'd be laid up; but other Provisions were made whereby the People might be Reliev'd 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 Publick. 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 ferre; quae totius anni in Aceto Fru­mento [Page 82] & Larido atque Hordeo & Paleis con­dita non haberet; Majores vero Ʋrbes aliae 30 dierum, aliae 40, nonnullae 2 mensium, quae mi­nimum 15 dierum. So that when the Lux­uries and Riots of preceeding Times, had partly drein'd 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 Order'd, That the Leptitani in Mauritania, should furnish Oyl: That Part of Galia and the Spaniards, chiefly those of Baetica, should Provide Horses, besides Materials for Cloathing, Oyl, and Bacon: In Italy the Lucani, were to find Hogs, and the Brutii Oxen: Moreover, from the time they were Subdu'd, Sicily, and Aegypt, were to provide a certain proportion of Corn, which varied according to the Necessities of the Publick. Thus from many Coun­tries, they drew the Tributes in Kind, which were partly made use of for the Peoples Relief, or stor'd up in good Times, and in bad Times dissipated, no benefit thereby arising to the Common-Wealth.

Constantine proceeded a great way to­wards remedying the Disorders which had crept into the Empire, under the loose [Page 83] Reigns that preceeded 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 restrain'd Usury by severe Laws, which is one certain way of Enriching both the publick and private Men; for where immoderate Usury has been suffer'd, 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 Vertue was long since gone, Power and Wealth remain'd for some time after, Martial Discipline, from whence their Greatness took its Rise, was slacken'd under Effeminate Princes, and at last quite corrupted by Civil Wars: How­ever, upon so strong a Basis was this Com­mon-wealth Built, that neither the Mad­ness of the Emperors, nor the Vices of the People, could probably have De­stroy'd it so soon, but for other Accidents which help'd on its Ruin.

Tho' M. Antoninus Philosophus had Asso­ciated into the Empire Lucius Verus, and tho' Severus had done the same with his [Page 84] Son Antoninus Caracalla, yet there was no Actual Division made, and the Body of the State remain'd one, tho' with Two Heads. But between Probus and Florianus, the Territories were in a manner parted. Eutrop. L. 9.Afterwards Dioclesian Rul'd alone, who Associated into the Empire Maximianus Herculeus, they two Govern'd jointly; but when they Depos'd themselves, the Em­pire was again divided between Maximi­anus Galerius and Constantius Chlorus, who Rul'd 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 con­tinu'd 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 intire 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 Common-wealth which had been founded with so much [Page 85] 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 compass'd; 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 weaken'd and divided encourag'd Alarich to invade Italy; who at first was bravely Vanquish'd in two Battles, and repuls'd by Stilico; but afterwards the Senate was forc'd to pur­chase the Retreat of Alarich at the Expence of Four thousand pound weight of Gold; who not long after broke the Peace, be­sieg'd Rome, took and Sac'kd it, An. ab Ʋ. C. 1163. And about this time the Hunns invaded Pannonia; The Vandals, Alans and Swevi, and the Goths who had formerly invaded Gaul, did then with the Burgun­dians fix themselves there. Not long after Africk was miserably harrass'd 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 stopt 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 wast, destroying many Populous [Page 86] Cities, so that of them there remains no­thing now but their Names. After this, Gen­serich King of the Vandals landed in Italy, Plunder'd Rome the Second time, carrying away all which even the Rage of Alarich had left: In this Century Theodorick King of the Goths fix'd himself and his People in Spain, and the Franks obtain'd 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 Proclaim'd King of Italy. And thus an End was put to the Roman Dominion, after it had continu'd under Kings, in a Common-Wealth, and under Emperors; about 1228 Years, reckoning from the first Foundation of the City.

And now to recapitulate the Reasons of this Great Peoples Ruin. First their Lux­uries extinguish'd antient Honour, and in its room introduc'd irregular Ambition▪ Ambition brought on Civil Wars; Civil War made Single Persons too considera­ble to remain afterwards in a private Con­dition; so that the Foundation of their Destruction was laid in the Century where­in Caesar invaded their Liberties; However they might have continued a Powerful [Page 87] and Flourishing Nation for many Ages, if the succeeding Princes had imitated either Caesar or Augustus: But many of those that follow'd assum'd to themselves, unlimited Athority, and when bad Emperors came, they pulled down what had been building up by the Wisdom of all their Predecessors: They seiz'd upon that Treasure which the Frugality of preceeding Times had set aside for urgent Occasions, They accounted the Publick Revenues to be their own particular Property, and to be dispos'd of at their Plea­sure, such as were Lavish squandred away a­mong their Minions and Favourites, that which was to maintain the Dignity of the State. When their Profusion had reduc'd them to Necessities, they fell to laying exor­bitant Taxes, and to Pillage the Remote Pro­vinces; when those Provinces were har­rass'd and exhausted by continual Payments, they became weak and unable to resist Foreign Invasions: In those naked and de­fenceless Provinces, the Barbarians nested themselves, and, when they were grown Strong and Powerful, from thence they made Irruptions into Italy, till at last they came to Invade and Conquer Rome it self, the very Head and Seat of the Empire.

[Page 88] From this brief Account of the Roman Affairs perhaps it will appear, That to let Ministers Wast the Publick Revenues, or to suffer any Negligence and Profusion of the like Nature, is of dangerous Conse­quence both to the Prince and People.

Grotius Prolegom. in Hist. Goth. Vand. &c. THE Southwestern Parts of the Ro­man Empire were invaded and pos­sess'd by that Torrent of People which antiently issu'd out of Scanzia, a very large Tract of Land, bounded on the North and East by the Sea, and on the West and South by the Botnick Bay, and Baltick Sea, as likewise by Rivers which empty them­selves into the Botnick Bay and the Russian, or White Sea. These Nations when they first left their Native Soil, for a great while had no certain Seats, but travers'd from one Region to another, till at last they came to fix themselves in those Pro­vinces they had intirely Conquer'd. Of these the Visigoths and Ostrogoths were the most considerable. The Ostrogoths to whom all Pannonia had been assign'd by the Ro­mans, extended their Territory far and wide, till they seiz'd Italy it self, under Theodorick. The Visigoths seiz'd on Part of Gaul, Planting themselves in Aquitaine, and having cantoniz'd in other parts of the Country, there they continu'd for some [Page 90] time. They likewise form'd a Dominion in Spain, which lasted above Three hun­dred Years; reckoning from Athlaufus the Son of Alarick (who by consent of the Roman Emperor Honorius, was settled in the Borders between Gaul and Spain) to Roderick, who was totally subdued by Tariff the General of Ʋlit Miramamoli [...] the Moor. Part of these Visigoths fix'd themselves likewise in this Kingdom of Britain; for from the Antient Scanzian were deriv'd the Vid. She­ringham Discept. de Orig. Gen­tis Angl. Jutes, Gutes, or Getes who nested in part of Germany, and were afterwards call'd Saxons, and who from Germany came and took Possession of this Island.

Of the same Scanzian, or Gothick Race were likewise the Danes, who about Two hundred Years before the Norman Con­quest, invaded England, planting Colonie [...] 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 depart, and carry the [Page 91] Terror of their Arms elsewhere, which they did into France, where by their Va­lour they obtain'd that Tract of Land, which from them was call'd Normandy, from whence in One hundred and Twenty Years they came, and in one Battle Con­quer'd England.

Thus by these Swarms from the North, of Men seeking new Seats, the best part of Europe came into the Possession of a rough Warlike People, whom the Luxuries of Asia, Greece and Rome, had neither cor­rupted nor refin'd; And these new Inha­bitants chang'd every thing, introducing in all Places new Customs, other Man­ners, Languages, different ways of mak­ing War, new Laws, and new Forms of Government.

And these several Branches, springing from the same Stemm, it must follow, that the Fruit they bore would be near of a Tast; by which we mean that in their Manners, Laws, and principally in their Politick Government, they must of con­sequence, as indeed they did, very much resemble one another.

And whoever looks into the Anti­ent Constitutions of England, France, Spain, Denmark and Sweeden, will find, that all these Nations, had one and the [Page 92] same Form of Government; and tho' they might vary in some Circumstances, yet they all agreed in certain Fundamen­tals, which were, That the People should have their Rights and Priviledges; That the Nobles, or Men of chief Rank, should have some Participation of Power, and That the Regal Authority should be limit­ed by Laws.

'Tis true the German Emperors have some shadow of, and pretend Succession to the Roman Empire; but whoever contem­plates their Laws, Constitution, and Form of Government, will find all strongly im­pregnated with the Gothick Tincture.

However, he who considers the Migra­tions of these Men, will perceive, that the Governments which they establish'd, were the necessary and unavoidable Consequence of their Expeditions, and that People seeking new Seats could not properly put themselves under any other Form.

For so vast a Design as that of leaving one's own, and invading a remote Coun­try, must fall into some Bold and Great Mind, that could first conceive, and then be able to go through with such an Un­dertaking; and he who was thus qualified with Courage and Conduct, easily ob­tain'd Supream Authority over all the [Page 93] rest; from whence came, That these Peo­ple chose to be govern'd by Kings. But the first Expence of this Expedition be­ing very great, and he who projected it not being able to bear it all himself, he Associated to him certain of his Principal Countrymen, who had likewise Follow­ers and Dependants of their own; These in Consideration of what they contribu­ted towards the Common Design, were not only to share, in the Conquer'd Lands, but in these Lands to enjoy certain Powers and Priviledges, and to have Names of Honour, by which they were to be di­stinguish'd and set above the rest: From whence came, That these Northern Nati­ons had among 'em the Titles of Peers, Pallatins, Barons, Earls, Grantz, Graffs, Notables, Grandees, and Dukes. And the Persons of prime Rank under these or the like Appellations, were a distinct Part or Member of the Body Politick, and were to protect those who had come under their Banners, and follow'd their Fortune, and were vested by the Constitution with eminent Power, that they might be a Skreen between the Prince and People. But the Labour and Dangers of these Expedi­tions were to lie upon the Common Peo­ple, by whose hands the Battles were to be [Page 94] fought; and no doubt they had not been tempted abroad if they could not have pro­mised themselves a better Condition than what they had at home, and if they were to be only Beasts of Burthen to the Great Ones: For which Reason, by Compact with those whom they follow'd, they were likewise to have a certain Share in the future Con­quest; from whence came, That in the Settlements made by these Northern Nati­ons, respect was had to the Interest of the People: There was reserv'd to 'em their distinct Rights and Privliedges, and Part of the Conquer'd Lands were As­sign'd to them, in which, the better Sort had Freeholds, and those of inferior De­gree, held of their Captains, Lords, and Leaders.

Their Military Constitution, gave like­wise Form to their Civil Government: Their King as he was Head of the Army in the moving Camp abroad, so, when they came to settle, he was Head of the Common-wealth: And as the Principal Officers and Chief Captains had been his Council of War, so when they had Peace and Rest, they could not be easily per­swaded to quit that Share in the Admini­stration of Affairs, of which they had tasted in the Field; and their Titles and [Page 95] Lands being to descend, they became, by Virtue of their Tenures, his hereditary and standing Council; and as in the Field they had wont to advise him in difficult Matters, for the common Good of the whole, and to lay before him the Neces­sities and Grievances of their Followers and Dependants, so at home it grew their Right to do the same. But when these Nations came to fix and mingle with the Natives, and when they had made Com­pacts and Agreements with those Natives, this united Body (which likewise increas'd in Wealth and Possessions) soon became so Considerable as to make it necessary, That what was properly call'd the Commons, should be a distinct Part of the State, and that it should be Represented by Persons and Members chosen from among them­selves. Thus in all these Northern Establish­ments, there has been what was call'd ei­ther the Estates, Assemblies, the Cortez, Diets, or Parliaments.

This was the Original Constitution, in most of the Establishments made by these Northern Nations, and under this Form of Government they continu'd without any material Change, till the Two last Cen­turies.

[Page 96] But in process of Time, the Soil alters the Nature of Man, as much as it does that of Plants; warmer Climates did by degrees soften these rough and Warlike People. Too much Sun produces that Effeminacy, which is the proper Matter for Arbitrary Power to work upon: Therefore all the East and Southern World has been En­slav'd, while colder Climates seem more tenacious of their Liberties. The French were the first who stoop'd to the Yoke of Regal Authority, not limited by Laws; Spain soon follow'd, to whose Kings their Foreign Acquisitions gave more Great­ness than consisted with the Freedom of their People. At last it grew a Mode a­mong lesser Kingdoms to imitate what had been done in larger Empires: So that the Danes and Sweeds were content to make and put on their own Fetters: And we in Eng­land were desiring to be like the other Na­tions round about us; had not the Virtue and Courage of a Few saved us often ve­ry narrowly from the Corruption and Madness of the rest, The bad Example of former Kings, the Vices of their Courts, nor our own Riches, have not soften'd and deprav'd us quite; and this Island having been planted by the most Warlike of all the Northern Tribes, and having [Page 97] still preserved a few of its old Inhabitants who retain somewhat of the antient Brit­ton Courage; and this Soil having always bred and nourish'd Men of Heart and Stomach, it happens that we still continue Free, and that we keep the main Parts of our Original Constitution.

Antient Conquerors have in the same manner divided their Acquisitions, be­tween the Prince, his Chief Fellowers, and the People; but the Tenures, or Rights, by which these Lands were to be Held, seem particular to these Gothick Settle­ments, and with admirable Polity con­triv'd to preserve the Links of Protection and Obedience, which should hold Prince and People together; for 'tis Natural for Men to Cherish and Protect their Depen­dents; and as natural, to Love and Obey those by whom we are Protected. Thus to make all Hold of the King, was almost as far as Human Wisdom could go, to hin­der this chief Landlord from committing Waste in his own, and from injuring those by whose Service he was to receive As­sistance. But this Division of Property would not have quite suffic'd, unless there had likewise been made such a Partition of Power, as we have mention'd; for the Greater would have encroach'd upon, and [Page 98] swallow'd up the Less, if the Power of each Part of the Constitution had not had certain Boundaries, as well as the Fields and Grounds had Landmarks, of one kind or other.

Our Ancient Government having its Foundation in such Tenures as the Goths introduc'd, it will be necessary to say some­thing upon that Subject.

This way of holding Land by certain Ser­vices was brought in by the Lombards, who descended of the Groti. Prolegom. in Hist. Goth. Vand. & Longo­bard. Gepidae, a People tha [...] quitting Scanzia, were left upon an Island of the River Vistula, where increasing in Numbers, they were compell'd to seek new Seats, and who after many Rovings and Ad­ventures came at last to fix in Italy. What we call Fee, and what in modern Latin's call'd Cujacius [...]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 Ʋtil [...] Dominium; but of these Lands the Prince reserv'd 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 [Page 99] Soldiers, and their Heirs, upon Condition of Defence. But that which properly constitutes the Feudum, viz. The peculiar Oath of Fidelity and Homage, was an Insti­tution of the Lombards, who did not on­ly assign Lands upon the Limits, but dis­tributed whole Countries to be held by Fidelity and Service. These Tenures were first at Will, afterwards for a Term; then they came to descend to one Son, afterwards to be an Inheritance. He that held the Fee was oblig'd upon Summons to arm him­self and follow his Lord's Banner, and to stand by him in all Dangers: Besides he was Subject to the Payment of Tributes, Aids or Subsidies. As the Prince conferr'd these Fees upon great Lords and Barons, so these Barons came to confer 'em upon others. The Germans had anciently some­thing of the like nature; but from Italy, they pass'd into France, and from France into England. And certainly it was a wise Institution, To give a new People, who were to be continually upon their Guard, either against the Natives, or Foreigners, some Interest in those Lands, for whose Defence they were so often to expose their Persons.

When these Northern Expeditions had Success, and that a Country was subdu'd, [Page 100] there was assign'd to the Prince, or he took to himself, part of the Land, which he Held in Demesne, from which, and by the Profits and Strength the Tenures pro­duc'd, he maintain'd himself in War and in Peace, without laying, in Ancient Times, any other Burden upon his People. And without doubt, our Kings were most hap­py when they liv'd upon this Revenue of the Crown, which was neither grievous by its Weight, or Novelty. What the Prince thus receiv'd came chearfully, because the People had good Bargains from the Crown. 'Tis true, they who Held by Mili­tary Service, were at more Expence 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.

[Page 101] 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 reviv'd in these Parts of Europe.

These Kind of Taxes, from which this side of the World had been exempt for se­veral Ages, were renew'd by Ambitious Princes, who had great Thoughts, and small Territory; of which kind, were Ferdinand and Alphonso of Aragon, Kings Guicciard. L. 2. & 4.of Naples, and Lodowick Sforza, Duke of Milan, who harrass'd their Countries with these sort of Duties, to such a degree, as at last it produc'd an Universal Defection of their People. By these Ways and Means of Raising Money, Lodowic Sforza had heap'd up such a Mass of Wealth, that not Eight Years before Milan was taken, he shew'd several Foreign Ministers, by way of Ostentation, besides Jewels, and other sort of Riches, in no small quantity, to the Value of One million, five hun­dred thousand Ducats: A vast Summ for those Times. The Kings of Naples, had likewise scrap'd up a great Treasure, by [Page 102] the like Methods. But what did all this end in? These Exactions, had so provok'd the People, that neither the Innocence, nor Vertue of Ferdinand, Alphonso's Son, nor the dark Wisdom and Subtilties of Lo­dowick, could avail 'em in time of Danger, insomuch, that they both lost their Domi­nions to the French, without hardly strik­ing a Stroak. The Necessities, introcuc'd by the long Wars in Italy, brought these sort of Taxes more in Vogue, and they were chiefly made use of by the little Princes there, who Erected to themselves Tyrannies in several Cities. Not long af­ter, this way of Raising Mony got footing in Spain, and the Tax was call'd the Baudier l' Aminist. du Card. Ximen. Cap. 3. Al­cabala, by which, the King was to have the Tenth part of all that was Sold, or Ex­chang'd; it was first laid towards defray­ing the Expences of the Wars of Granada, against the Moors, and continu'd for some time, tho' the War was ended; but by the Authority of that Great Minister, Car­dinal Ximenes, it was Abolish'd. They had likewise, Taxes upon the Consumption, long agoe in France, as in the Reign of Mezeray vie de Chilp. Chilperic, which the People thought so burthensome, that many therefore deser­ted their Country, and we hear not of 'em again in their Histories, till some Ages [Page 103] after, and the manner by which they are now Collected in that Kingdom, came from Italy. But the Ancient Revenue of the Kings of France, consisted in Land. Vie de Clotaire. Mezeray, says, Le Revenue des Rois consistoit en Terres ou Domains, & en Imposts qui se prenoient sur les Gaulois seulment, car il estoit odieux d'en prendre sur les Francois, on les levoit quelques uns en argent, quelques-autres en denres. Quand on fit l'arpantage ou par­tage des Terres, les Rois en eurent pour leur Portion quantite des plus belles specialement aux environs des grandes villes. Dans toutes ces Terres▪ qui'ls apelloient, Villae Fis­cales, ils avoient des Officers ou serviteurs, qui se nommoient Fiscalins, & celui qui leur commandoit Domestique. On amassoit les Provisions de bleds, de vins, de fourages, de Chairs, specialement de Venaison, & de Porc.

And as to Excises, Gabels, and high Duties upon Trade, they were unknown, among the Founders of the English Go­vernment, or of the Kingdoms round a­bout us.

We have been compell'd to look thus far backward, and to repair to the Foun­tain-head, and Original of this Govern­ment, in order to illustrate, what we are go­ing to lay down in this Section, which is,

[Page 104] I. That in Forming this Constitution, our Ancestors took care to make ample Provision for Maintaining the King's Crown and Dignity.

II. That, when those Lands, and Re­venues had been parted with, which were allotted for his and the States Service, Parliaments have seldom fail'd to Relieve and Restore his Affairs, by Acts of Re­sumption.

William the Norman, when he had sub­du'd Harold, and got quiet Possession of the Crown, made a general Survey of the whole Kingdom. There was already a Survey, remaining at Winchester, which had been taken by King Alfred's Or­der, about Two hundred Years before William's Survey, was call'd, Doom's-Day-Book, in which there was set down a Catalogue of all the Tenants in Capite, or Serjanty, that Held Lands in e­very County. In this Accompt, the King is always plac'd first, and His, and the Crown Lands, describ'd under the Title of Terra Regis; and in every one of these Counties the King had Lands and Mannors. The Great and Little Doom's-Day-Book, [Page 105] contain'd the Description of all England, Westmoreland, Cumberland, Northumber­land, and part of Wales excepted. There were Appropriated to the Crown Vide Domes-day Book.1422 Mannors, or Lordships, besides Lands and Farms in Middlesex, Shropshire, and Rut­landshire; over and above which, there were Quit-Rents, paid out of several Mannors. Insomuch, that Fol. 523 Ordericus Vitalis, says, William the Ist. had coming in L 1061-10-1 ^• per diem of Sterling Mo­ney, which, the Value of Money in those Days consider'd, was a prodigious Income. † Jervais of Tilbury, says indeed, That at * Jerv. Tilb. Dial. de Scacc.that time, all the King's Tenants, paid their Rents in Kind: But this will appear mani­festly otherwise, to any one that looks in­to Dooms-Day-Book.

And tho' Ordericus, may have given us an Account somewhat too large, yet con­sidering the Number and Value of his Mannors, and the Number of Knights Fees, which were Sixty thousand, out of which Escuage might be Levy'd in times of Action, he had without doubt, a ve­ry great Revenue, either for Peace or War.

* Cotton. Post. pa. 179. Sir Robert Cotton says, The Article of Terra Regis, in Dooms-Day-Book, consist­ed in such Lands as K. William found [Page 106] Edward the Confessor had been in Possessi­on of, and that to Alienate this Revenue from the Crown, was held Impious, by our Fore-Fathers.

Most certainly, in this Universal Sur­vey, there was inserted whatever the Kings had claim'd to the time of Edward: But there was good Reason to think that he added to the Terra Regis, such Lands as he pretended were Forfeited by those who had ingag'd in the Battel of Hastings, and the Estates of the Barons, and other great Men who afterwards from time to time Revolted from him: Part of which Lands he annexed to the Crown, distributing the rest, with a reservation of certain Quit-Rents, among his Nor­man Followers.

By this Accompt it appears, That this Founder of our present Government, left to succeeding Kings a fair Inheritance, suf­ficient to maintain their Estate and Digni­ty at Home, and capable to Defend the Realm against Invasions from Abroad.

But this Model of a Politick Constituti­on, easie both to King and People, was somewhat shaken, even by his next Suc­cessor, William Rufus, who not only wasted the vast Treasure left by his Father, but also run into such Profuseness, as [Page 107] forc'd him to Harrass the whole King­dom. He alienated the Crown-Lands: And Dan. p. 44. Daniel says, He was compell'd to resume his own Grants. William of Malmsbury, speaking of this Prince, says, Will. Malms. p. 122. Plures Patrimonia sua effudere inconsulte largiendo. Quid vero est stultius quam quod libenter facias, curare ne diutius facere possis? It aque quidem cum non habent quod dent, ad Rapinas convertuntur, majusque odium asse­quntur ab iis quibus auferunt, quam benefi­cium ab iis quibus contulerunt.

Henry the Ist. who succeeded, had all the Qualifications belonging to a Wise and Provident Ruler. He brought to Pu­nishment Ranulphus Bishop of Durham, who had been the chief Adviser of all the Irregularities, Profusions, and Exactions of the last Reign: Ord. Vit. Fol. 822.He likewise took into his own Possession, all his Father's Lands and Lordships in Normandy, which his Brother had squander'd away, and by the Judgment of Wise Men, made those Gifts void which imprudently had been bestow'd upon undeserving Persons.

After the Death of Henry, Stephen, the Third Son of the Earl of Blois, by Adela the Fourth Daughter of William the I▪ was Elected King. He found in his Un­cle's Treasury 100000 l. besides Plate and [Page 108] Jewels of an immense Value; Having no good Title to the Crown, he was forc'd to purchase the good Will of the Princi­pal Men by Gifts Will. Malms. Hist. Nov. pa. 180. Multi siquidem, quos vel Nobilitas generis, vel magnitudo animi, vel potius viridioris aetatis audacia ad illici­ta praecipitabat, a Rege hi Praedia, hi Castel­la, postremo quaecunque semel collibuisset, pe­tere non verebantur; And with these Grants he bought the dissembled Affe­ction of his Courtiers. ibid. Malmsbury calls it † Simulatam ad tempus Pacem; for all this Liberality could not make the Nobles faithful to him, his whole Reign, having been nothing but a Scene of Treachery and Bloodshed. At last he was forc'd to come to Terms of Agreement with his Kinsman Henry Fitz-Empress, of which one Article was, That he should resume those Grants, M. Par. p. 86. Regalia passim a 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 admir'd in him, because he was a Stranger born, Son of the Earl of Anjou, and succeeding by Maud his Mothers Title, and because the Crown Revenue was got into power­ful hands, able to give him strong Opposi­tion; but nothing could stand before his [Page 109] Courage and Perseverance: He resumed the Lands which King Stephen had given among his Followers. William Earl of Albemarl pretended to oppose him in Nor­thumberland, but he brought him to re­store what belong'd to the Crown, as he did likewise Hugh Mortimer, Chronicon Johannis Brompton Col. 1046. Considerans autem Rex quod Regni redditus & Domi­nica per Molliciem regis Stephani ad Domi­nos multos jam devenissent, praecepit ea cum omni integritate infra tempus certum a qui­buscunque detentoribus resignari & in jus sta­tumque revocari. He also took upon him to banish Foreigners, particularly the Flem­ings, who had nested here in hopes of Booty under a loose Reign: † Rex tenuit * Gerva. Chron. Col. 1377. Curiam suam apud Beremundesiam, uhi cum Principibus suis de statu Regni & pace re­formanda tractans, proposuit animo alienige­nas gentes de Regno propellere. Matthew Paris speaking of this Prince, says, M. Par. p. 92. Qui continuo in Regem promotus, caepit in jus proprium revocare Ʋrbes, Castella & Villas quae ad Coronam spectabant; Alienigenas, & maxime Flandrenses de Regno expellendo, & quosdam Pseudocomites quibus Rex Stepha­nus pene omnia ad Fiscum pertinentia minus caute contulerat, deponendo. So that we have here the Instance of a Warlike King (for such a one Henry was) greater in Re­venue [Page 110] 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 Ʋtensilia & Jocalia, & lapides pretiosos. But this and much more was presently consum'd in the mad Humor which at that time had seized all the Princes of Europe of making War for the Holy Land. To fur­nish himself for this Expedition Richard, sold several Parcels of the Crown Reve­nue. Hoved. p. 658.Hoveden says, Rex exposuit venditi­oni omnia quae babuit, scil. Castella, Villas & Praedia; But the Lands thus granted a­way he did resume. Dan. p. 105.Daniel says, that after his second Coronation, which was at Winchester, he not only resum'd the Mannors he had sold to the Bishops of Winchester and Durham, but whatsoever other Sales he had made of the Demayns of the Crown, Alledging that it was not in his Power to alien any thing appertain­ing to the same whereby his State was to [Page 111] subsist, Graft. Chron. p. 90.Grafton says, That after his second Coronation he call'd a Parliament, by the Authority whereof, he resum'd again all Patents, and Annuities, Fees and other Grants before his Voyage by him sold and granted, and caused the Parties to be con­tented with such Revenues and Profits as they had received of the said Offices or Lands, in the time of his Absence: And spar'd not for any sufficiency of Writing that by him before was made. But, to confirm this, Authors may be produc'd of more Antiquity than either of these. Hen. de Knyghton. Col. 2408. N ^o. 40.Knyghton says, Post ejus Coronationis so­lennia quicquid prius leviter datum aut gra­viter venundatum fuerat repetiit, nomine commendati, fructus perceptos pro sorte com­putans, cessante pacto, titulo & instrumento quocunque. † Brompton says, Denique quod * Chron. Johan. Brompt. Col. 1259. N ^o. 10.cum ipse iter versus orientem arriperet & regnum ipsum multipharie sciderat, ad inte­gritatem satagebat pristinam revocare. Quic­quid enim ab illo tunc fuerat datum vel pon­derose venundatum, sub nomine repetiit com­modati; & Regiarum possessionum emptoribus dicens, Non decet sublimitati Regiae foenera­ri. Illi autem emptores mox regio metu at­toniti, nulla habita quaestione de sorte non percepta, confestim omnia resignarunt.

[Page 112] In Two Years of this Reign, viz. Ann. 1195 and 1196, there were actually rais'd in this Kingdom Eleven hundred thousand Marks, which is more than was really levied in any Two Years of the Late War; for if we consider the value of Money in those times, and the Proportion it bore with other Commodities, Eleven hundred thou­sand was more then, than Eleven Millions are now. Hubert the Archbishop of Canter­bury writing to the King for leave to quit the Ministry shews. Ro. Ho­vedon, pa. 767, 768. Quod infra bienni­um proximo praeteritum adquisierat ad opus illius undecies centena Millia Marcarum ar­genti de Regno Angliae. The raising this vast Summ is an evident Sign how willing the People of England, have in other Ages been to give Aids and Subsidies to Martial Princes.

After Richard, King John was Elected. This was a Reign of Civil War, Taxes, and Profusion; and the Character Robert the Clerk gave of this Prince to Mirama­molin the Moor, was very true and Re­markable. M. Paris. p. 244.Potius fuit Tirannus quam Rex; potius Subversor quam Gubernator; Oppressor suorum & fautor aliènorum. Leo suis subditis, agnus alienigenis & rebellibus, qui per desidiam suam Normanniae ducatum & alias multas terras amiserat; & insuper [Page 113] Angliae regnum amittere vel destruere sitiebat. Pecuniae extortor insatiabilis; possessionum suorum naturalium invasor & destructor.

But these Wastes were look'd into in the Reign of Henry III. King John's Son and Successor, not by the Prince himself, who was no better a Manager than his Fa­ther; but by the Barons. Knyghton says, That after Lewis and the French were dri­ven away Knyghton Col. 2429. N ^o. 40. Omnes Alienigenae ejecti erant de Anglia & omnia Castella quae Rex Johannes donaverat & tradiderat in Custodiam 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 answer'd, He might be Rich out of his own, if he would set some Bounds to his Liberality, and look into his own Affairs, and into the Proceedings of some of his Officers: They nam'd no body to hlm, [...]ut he understood whom they meant, and call'd several of his Ministes to Accompt., and brought them to Restitution. The Words of the Historian in this place, are very Observable, when the King had laid open his Wants. M. Paris p. 376. Tunc Consilarii Regis re­sponderunt, Si pauper es tibi imputes, qui Honores & Custodias ac dignitates vacantes ita in alios transfers, & a Fisco alienas; [Page 114] 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 [...] fraude 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 la­vish'd 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 compell'd by his Barons to Banish these Strangers: Yet he return'd quickly to the same bad Measures, insomuch, that his Brother Richard, Earl of Cornwal, told him, That he Rob'd his own Country to give it to Strangers, and the Kingdom's Enemies. In this Loose Reign, [Page 115] the Ibid. p. 733. 747.Money of England was corrupted: But nothing anger'd the People more than the immoderate Wealth he bestowed upon Foreigners, namely, his Brothers by the Mother, and particularly to his Poictevins Ibid. p. 850. Eschaetas & Reditus vacantes, Alieni­genis ignotis, illiteratis, scurrilibus, & pe­nitus indignis non destitit distribuere, ut sic suorum naturalium corda insanibilius saucia­ret. While Things were thus Govern'd, Private Men inrich'd themselves with the Publick Spoil, as for Example John Man­sel, * M. Par. p. 859.who brought his Estate to Four thou­sand Marcs per Annum. But at last at a Parliament Held at Oxford, Ibid p. 973. Peter of Sa­voy, William de Valence, and the Bishop of Winchester, the King's half Brothers, with the other Foreigners, were Banish'd. Ʋbi statutum erat Knyghton Col. 2445. N ^o 40. quod ad Terras suas quas in partibus transmarinis habebant transfretarent. And that immoderate Wealth they had gather'd here, was not permitted to be carry'd away, but was M. Par. 973.Seiz'd upon, and Confiscated to the King's use. In this Col­loquy, the Barons told him, That he was in Debt, and Ruin'd by the Strangers a­bout him, who had Consum'd all, so that he was forc'd to give Tallies for the Victuals of his Table. Knyghton Col. 2445. N ^o 10. Domine Rex, in­ter manus Alienigenarum res utique tua male agitur & diversimode tractatur, nam con­sump­tis [Page 116] 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 produc'd Dis­contents, these Discontents, encourag' [...] 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. N ^o 10, and Knyghton Col. 2466.Fin [...] ­ing all the Judges for their Corruptio [...] and Extortions. Sir Ralph Hengham (w [...] had been Chief Justice of the high [...] Bench, and Commissioner for the G [...] ­vernment of the Kingdom, in the King Absence) paid Seven thousand Marcs; [...] Edward Stratton paid Thirty four thou­sand Marcs; Thomas Wayland, found the greatest Delinquent, Forfeited all his E­state: The whole Set paid among 'em [...] Hundred thousand Marcs; which for those Days, was a prodigious Summ.

The next Reign of Edward the IId▪ gives the prospect of Civil Wars, Trea­chery, Bloodshed, and a view of all the [Page 117] Calamities, that are the Consequences of [...] Riotous and Profuse Court.

The unbounded Favour of this Prince o his Minion Pierce Gaveston, made Earl of Cornwal, and the Waste which the said Earl had made in the Crown-Revenue, so provok'd the Peers, that they never rest­d till they had obtain'd an Instrument mpowering several Ecclesiastical, and [...]ay Lords, to make certain Ordinances [...]or the good of the Kingdom, which nstrument, and Ordinances made by Vir­ue of it, were afterwards ratify'd in Par­ament.

Among other things, it was then or­der'd, That the Crown-Revenue should [...]ot be Alienated. ‘Derecheif ordein est Rot. Ord. 5 Edw. II. N ^o. 3.pur les dettes le Roy acquitter, & son estate relever, & le plus honourablement mainteiner, qe nul don de Terre ne de Rent, ne de Franchise, ne d' Eschete, ne de Gard ne Marriage, ne Baillie se face a nul des ditz Ordenours durant leur poer del dit ordeinment, ne a uul autre sauns Conseil & assent des ditz Ordenours, ou de la greinder partie▪ de eux au six de eux au moins, mes totes les choses desquex profits poit surdre soi­ent enpruees al profit le Roy jusques son estat soit avenantment releve, &c.’

[Page 118] There is this Remarkable in the Re­cord, That they bound up themselves, as well as others, from receiving any part of the King's Lands, as we may suppose, not thinking it fair for them who had the Power, to keep the Purse shut to others, and to open it for themselves.

They took likewise Care of a Resump­tion. Ibed N ^o 7. ‘Et puis derecheife pur se qe 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 [...] Parlement: Et que si tieu maner des dom ou Reles soint Desormes donez enc [...] ­tre la form avantdit, sanz assent de so [...] Barnage, & ce en Parlement, tant qe [...] dettes soint acquittees & son estat [...] avenantment releves, soint tenus po [...] nuls, & soit le pernour puny en Parle­ment par Agard del Barnage.’

'Tis true, these Ordinances were re­vok'd in the Great Statute Roll from H. III. to 21 Ed. III M. 31. Bibli. Cott. Claud.Parliament which this [Page 119] King held at York, the 15th of his Reign, just after he had Defeated and put to Death Thomas Earl of Lancaster, with many other of the Barons. But his Ri­gid Proceeding with those who had Fought in Defence of their Countries Freedom, and his immoderate Favour and Bounty to the Spencers, Earls of Whinchester and Gloster, with all his other Mis-government, lost him both his Crown and Life, in a short time after.

'Tis to be presum'd, That what the Parliament had done in Edward II. Reign, to hinder the Favourites from making De­predations upon the Crown-Revenue, had effectually stopp'd the Evil, because we do not find there was any need of an Act of Resumption in Edward the III's Time.

There is no part of our History more remarkable, than the Life of Richard II. Grandson of Edward III. And no Times af­ford so many Presidents of Liberty asser­ted, and of the Excesses of Regal Power, with the Corruption of bad Ministers, as this unfortunate Reign: But Misgovern­ment will of Necessity bring on good Laws in the End: The lavish Temper of this Prince, his unreasonable Favour to the Duke of Ireland, to Michal de la Pool [Page 120] Earl Suffolk his Chancellor, and others, with his loose and careless Administration, pro­duc'd the Parliaments of 10th 11th and 13th Richard II. by which his Power was circumscribd and bounded. 'Tis true 21 Ri­chard II. he procur'd a Repeal of what had been formerly settled by Parliament for the Welfare of the Kingdom, in which Sessi­ons he got Iniquity establish'd by a Law; but the Conclusion of all this Misgover­ment was, that he incurr'd so much the Publick hatred as to be deserted by the whole People, and in a solemn man­ner to be depos'd.

The Excesses of the Court, and Rapine of the Ministers in those days, and to­wards the latter end of Edward III. pro­duc'd Acts of Resumption.

The Commons pray that all kind of Gifts whatsoever, made by King Edward III. may be examin'd, if worthily bestow'd, to be Confirm'd, if otherwise to be Re­vok'd. Rot. Parl. 1 Ri. II. N ^o. 48. ‘Item ils Prient, pur ceo que la Corone est moult abaisse & demembre par divers donns donez en temps de notre Seigneur, que Dieux assoille, & queux donns il estoit malement deceux & en plu­sieurs Personnes malement emploeis, come home le poet declarer, a grand da­mage de lui, & de notre Seigneur le Roi q'ore est, si bien des Chasteaux, Villes, [Page 121] Terres, Tenements, Baillez, Gardes, Mar­riages, Eschetes, & Releves, aussi bien en Gascoigne, Irlande, come en Engleterre, qe plese a notre Seigneur le Roy, & son Conseil faire examiner par les Rolles de Chancellerie, du temps notre Seigneur le Roi, qi Dieux assoile, queux dounes, & 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 Roialme, & es queux notre dit Seigneur estoit deceux, & ses donns malement employez, & queux tous ceux asqueux notre dit Seigneur estoit deceux, & qi sont malement employes, y puissent estre de tout repellez, sanz etre redonez as memes ceux, ou a uul autre, tanqe ses dettes soient acquites & lestat de nos tres honoures Seigneurs les fitz de notre Seig­neur qi Dieux assoile, qi sont poures a leur estat, y purra avenantement per as­cuns des ditz donns etre relevez, & soit le pernour quensy ad notre dit Seigneur deceux punis en cest present Parlement, selonc son desert par agarde de Baro­nage, en supportation du Charge qe le commune People y convient porter: Ra­tifiantz & Confirmantz a ceux qii ont de­serve, les donns en manere come notre [Page 122] dit Seigneur, qi Dieux assoile, leur avoit grantez Considerant a chescun son longe service, & son Desert, & regardant sil please a notre Seigneur, as tous ceux qe servirent a nostre dit Seigneur, son Aiel, qe sont sans rewarde 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 reson Demande.’

Anno 3 Richard II. The Speaker says, If the King were reasonably govern'd in his Expences, within and without the Realm, he should have little need to charge his Commons, who were already much Im­poverish'd. Rot. Par. 3 Rich. II. N ^o. 12. ‘Dist qe lour sembloit a la dite commune, que si lour Seigneur lige eust este bien & reasonablement gover­nez en ses despenses par dedeins le Roy­alme, & autrement, il neust ore besoigne de leur aide, per chargeant sa dite Com­mune, quore est trop poure, &c.’

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. N ^o. 74. ‘ Item, Prient les Communes, qil plese au Roy notre Seigneur, qil puisse au present estre Escript en Rolle de Parlement, co­ment ordenez est, per lui, nos autres [Page 123] Seigneurs, & toute la Commune, qe de­desore en aprez, nul donn de Terre, de Rente, de Garde, ne de Marriage, ne de uul Manere Eschete soit Grantez a nul­luy, tanqe le Roy notre dit Seigneur soit hors de dette, & hors des tielx Charges de Guerre, come y ad au pre­sent, & si aucune Persone demande au­cune donn au contraiere de cette Petiti­on perde les service & Compagnie notre dit Signeur pur toujours apres.’

Resp. ‘Il ne semble mye honest ne chose Honourable au Roy, ne a sa dig­nitee, qil se lieroit a telle Guise peront il ent fuist si oultrement constreint, mais plest au Roy & il voet pur le bien de luy mesmes & de son Roialme, soy restrein­dre, & abstenir a doner ou granter a au­cune Persone, Terre, Rente, Garde, Marriage, ou Eschete, sans lassent & ac­cord des Seigneurs & 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 employ'd upon the Wars, to the ease of the Com­mons. ‘ Rot. Par. 6 Ri. II. N ^o 42. Come autrement ordeigner, qe bone Governail soit mys entour votre honorable Persone, si qe vous purres ho­neste­ment [Page 124] & roialment viver, deinz les revenues de votre Roialme, & qe toutes Maneres des Gardes, Marriages, Releifs, Eschetes, forfaitures, & toutes autres Commoditees, puissent estre gardez pur vos Guerres, & en defens de votre Roy­alme, & nul part aillours donez en sup­portation & aide de vos poures Commu­nes & grant honour & profit a vous.’

Resp. ‘Le Roy est de bone Voluntee & le desire moelt entierement de faire & ordonner en ce cas per lavis des Seigne­de son Roialme 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 ordeine soit en especial qe tous les Revenues notre Seig­neur le Roy, si bien en l'Eschequer, com­me aillours, soient sauuement gardez per un an entier sans estre donez a uully per uul Grant, en Supportation de Nostre Seig­neur le Roy, & de son People qe plese a notre Seigneur le Roy de charger & com­mander les Seigneurs du Conseil, & ses Officiers en plein Parlement, que rien ne soit fait au contraire.’

Resp. ‘Le Roy le voet.’

Anno II Ri. II. The Commons pray, [Page 125] 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. II Ri. II. P. 1. N ^•. 24 Item Prient les Communes, qe toutes Maneres de Seignouries, Terres, Tenements, Rents, Services, Biens, Possessions & Chateaux qeconques, forfaits a notre Seigneur le Roy, par cause des Jugemens rendus de­vers les Persones adjugez en cest present Parlement, & auxint toutes autres Terres, Tenements, Eschetes, Forfetures, Gardes, 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 estat & ensement en eese & supportation de ses pauvres Communes du Roialme 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 quil soit, en privee, nen appert, soit sy hardy a demander ou preinder de donn nostre Seigneur le Roy, ascuns des Seigniouries, Terres, Tenements, Rents, Services, Biens, Possessions, Eschetes, Forfeitures, Gardes, Marriages, Chateaux, [Page 126] 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 chose issint demandez, & etre reint & Imprisonnes a la volonte du Roy. Purvus toutes voys, qe si as­cun home eit terres tenements ou Posses­sions du Grant notre Seigneur le Roy, ou dascuns de ses Progeniturs, queux fu­rent parcelles de la Corone, qe per bon trette enter le Conseil du Roy & les pos­sesseurs des tieux Terres & Tenements, mesmes les Terres Tenements & Posses­sions poient estre rejoints a la dite Co­rone, a Profit du Roy, grantants autres Terres Tenements ou Possessions de les Forfaitures avant ditz en eschange pur les Terres Tenements & Possessions de la Corone susdite, & sy les Seigneurs ou autres qi ont Terres ou Tenements de la Corone, come dessus, ne voellent volon­tairement a ce assentir, ne accorder, qils eint & enjoient lours terres & tenements de la Corone avant ditz, come ils ont eu a devant, & qe les Grants Officiers du Royalme par avis des Seigneurs du Con­seil, eient Poer de vendre parcelles deles dites Forfetures per leur bone discretion, & qe le Grant sur tiel vendue soit ferme & estable.’

[Page 127] Resp. ‘Le Roy le voet, forpris d' Offi­ces & Baillis, & ce qil a donne en cest present Parlement, issint, qendroit de forfeitures adjuges en cest Parlement, si ascun pretend davoir droit ou Interest en Icelles, sue au Conseil, sil luy semble affaire, & droit luy sera fait.’

The Misgovernment of this Prince not only in his Revenues, but in all the Du­ties of his high Office, with his Profusi­on and Partiality to his Favourites, made way for a very great Revolution, and drew on so much hatred of the People, as at last all his Subjects withdrew their Allegiance from him, and chose another, King Henry the IV. his Cousin German.

Anno 1. Hen. IV. The Commons Pray, That the Lands, parcel of the Crown-Revenue, granted away by Edward III. and Richard II. may be resum'd. Rot. Par. 1 Hen. IV. 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 Par­lement, ne en eschange pour autres Ter­res, ore demurantz a la Corone, qe toutz y ceux soint rejoints arere a la Corone; purveu toutefoitz, que si ascun Seigneur [Page 128] de lestate Chivaler, ou Esquire pur son travaille duement deservy, eit pur terme de sa vie, & nient autrement, qil ne soit rebote dicelx, devant qil soit autrement guerdonez & semblablements seit feat dela Principalte de Galles, de Cornwailee, & de Cestre, & reservez tout foits, as Ci­teins & Burgeys, parmy tout le Royalme, lour Libertees & Franchises, & a lour Heirs & Successors.’

Resp. ‘Le Roy sadviesera, & par bone advys & Discretion ent fera due re­medie.’

Anno 5. Hen. IV. The Commons Pray, That the King would provide for the Re­pairing of his Castles, and Houses, and namely, for his Castle at Windsor which was greatly in decay, and not to Grant a­way the Profits of those Castles, and Houses, and notwithstanding, to stand to the Repair of the same, without which, he could not but run to the great Charg­ing of the Commons. Rot. Par. 5 Hen. 4. N ^•. 10. ‘Et auxint les dicts Communes monstrerent, coment les Chastellx & autres Manoirs du Roy sont molt ruineuses, & embusoignant de grand Repris, & Reperation, & coment les Pro­sits dicelles sont donez as diverses Per­sones, & le Roy supporte les Charges, come per especial, le Chastel de Winde­sore, a qel feust assignee certain Commo­ditie, [Page 129] pur la Reparation dicelle, & ore mesme la Commoditie est donne as cer­taines Persones, & le Roy supporte les Charges & auxint es autres places, les Gentz preignent les Profits de Herbage, & del vert, deins diverses ses Parkes, & Bois, & le Roy supporte les Charges de le enclosure dicell, & pur cestes impor­tunes charges, & plusieurs autres, & pur les plusieurs douns des Chastellx, Terres, & Seignouries, & des Annuites, faits & do­nez nient duement, ne descreteinment, & par especial pur les Grandes Charges & Depenses de le Hostel du Roy, & pur amendement des tielx meschiefs faire, & pur ouster tielx inconveniences en apres, en supportation del Commune People, les Communes prierent au Roy moelt en­tierment, & cordialement, qe considerez les Perils imminentes, de toutz parts per ses Ennemys, & Rebelx, comes yont novelx de jour en autre, & coment le cas est tiel, qe si tielx meschiefs ne soient Graceousement remediez, & refourmez en cest Parlement y purroit estre qe sur soudeins novelx de arrival des enemys, ou per autre voix, mesme cest Parlement de necessite seroit de tout depurtiz, & dissolvez▪ & jamais les Seignours ni les Communes se re-assembleroient, pur re­medee ne redresse faire, sur les meschiefs susdits; & autres qe Dieux deffende.’

[Page 130] It appears by the Purport of this Peti­tion, That there were certain Lands and Rents set aside, or assign'd for the Repair of Windsor-Castle, that ancient Seat of our Kings, and Sacred to the Honours and Ceremonies of the Garter, and therefore particularly provided for with a Revenue, by the Wisdom of our Fore-fathers; yet it seems these Lands so annex'd to Windsor; were at that time Granted away to some great Man, 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 answer'd the Petition in Person * Resp.from the Throne. ‘Et sur ceo mesme nostre Seignour le Roy moelt graciouse­ment de son bouche propre, en plein Parlement, chargea & commenda si bien tous les ditz Seignours, come les di [...]z Communes, qils faiorient lour diligence & luy montreroient lours bons & seins conseilx, celle partie, pur aide de luy, & de tout son Roilame.’

Et puis apres les dits Communes en mesme le Parlement firent reqeste as ditz Seignours, qe come le Roy lour avoit donne tiel Charge, & mandement, & ceo en si haute Court de Record, qils fairoient lour diligence bien & loyalment sans cur­tosie faire entre eux, en ascune manere, [Page 131] come ils voloient respondere devant lue Dieux tout puissant, & devant nostre dit Seignour le Roy, & a tout le Roialme en temps avenir, & qe de sur ceo mesme les Communes ent fairoient semblablement de lour partie, & disoient outre mesme les Communes, a nostre dit Seignour le Roy, qe cestes matiers ensi faits, & ac­complez en cest Parlement, il lour trove­roit foialx & naturelx liges devers luy de parfaire son plaisir, & voloir a lour poiar par le aide de Dieux.

'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 continu'd in the Demeans of the Crown, till very lately.

And some Years after, Viz. Anno 31. Hen. VIII. there pass'd an Act of Parliament expresly to Annex several Mannors by name to the Castle and Honour of Windsor, not to be alienated from it; so carefull were our Ancestors that this Noble and antientt Seat of our Kings, should have some Re­venue to keep the House and Parks in good repair.

In the same Year, of Hen. IV. the Com­mons rehearsing, how King Edward III. in the Parliament Holden in the 11th. of his Reign Created his Eldest Son Duke of Cornwal, and the same Duke­dom [Page 132] annex'd to the Crown, with divers Hereditaments by his Letters Patents, by Authority of the same never to be Dis­membred, or Sold away. They therefore Pray the King to resume and seize, and so to unite again to the said Dutchy, such Lands as were Sold away by Prince Ed­ward, King Richard, or by the King him­self. Rot. Par. 5 Hen. IV. N ^•. 22. versus Fi­nem. ‘Non obstants Encorporation 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.’

Resp. ‘Accordez est per le Roy, & les Seig­nours en Parlement, 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 [Page 133] Estatutes & leys du Roialme, solonc ceo qe le cas requiert,’ &c. Wherein shall be allow'd no Protection, or Praying in Aid of the King, unless it be for Sir John Cornwale and Eliz. his Wife, late Wife of John Holland Earl of Huntington, and for such Persons to whom the King is bound by Warrantie. ‘Sinon en cas qe le Roy soit expressement tenuza la Grantie, &c.’

Rot. Par. 6 Hen. IV. N ^•. 14. Anno 6. Hen. IV. The Commons Pray, That the King would resume the Crown-Lands. ‘Pleise a tres Excellent & tres re­doute Seignour, Nostre Seignour le Roy, pur profit du Roy, & encresce de sa Corone, & supportation des pauvres Com­munes, de vostre Royalme Dengleterre, granter les Petitions qensuent.’

But this good Care of the House of Commons for the King's Welfare, had no other Effect than to procure, That the Lands, Rents, Profits and Annuities so granted away, should be seised into the King's Hands for one whole Year; but the Reason of this may be easily seen in the Record it self. A great part of these Lands were got into the hands of the Clergy. The words of the Record are, Outragious Grants made to divers Persons, as well Spiritual as Temporal. Outrageouses dons faits as divers Persons, si bien Espi­rituelx, comme Temporelx The People were in that Age very Superstitious, as appears by the severe Vid. Rot. Par. 8 Hen. IV. N ^•. 62.Act which pass'd two Years after against the Lollards; And where the People is Superstitious, the Clergy never fail to have the Chief Pow­er; And by their Interest, in all probabi­lity, it was procur'd, that the Nation could then be reliev'd only with one [Page 140] Years Profit from those Grants; And be­cause this After-act militates so directly with what the Commons had done just before, there are good grounds to think, that the last Project began in that House, which was then influenc'd by the Lords Spiritual. But we shall produce the Record it self, to shew that the Writer desires to handle this Subject impartially, and to set every thing in a fair Light.

Rot. Parl. 6 Hen. IV. N. 21. Item a Considerer les Grants faits per Patentes dessous le grant Seal du Roy, & de ses Progenitours & Predecessours, as diverses Persones si bien a terme de vie, come en Fee simple, ou en Fee taille, on autrement, y ne seroit honest, ny expe­dient pur le Roy nostre Seignour, de faire repelle, revocation ou resumption [...] tielx Patentes, & ceo si bien pur 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 estat on condition qils soient, qe ont ascuns An­nuites, Fees ou Gages, a terme de vie, ou des Ans, du Grant du Roy Richard, ou du Roy qorest, qils so­efreront, & chascun de eux soefrera, mesmes nostre Seignour, le Roy da­voir & enjoier les dits Annuites, Fees, & [Page 141] Gages, del Feste de Pasche darrein passe, tanqal lendemain de Pasche pro­chain avenir; cestassavoir per un an en­tier. Purveu toutesfois qe les Fees, Ga­ges & Regardes de Chancelier, Tresorer, Gardien du Privee Seal, Justices de lun Bank & de lautre, Barons de lescheqer, Serjeants du Roy a la Leye, & des autres Officers & Ministres des Courts le Roy, ne soient restreints per vertue de ceste Ordeinance, mais qils soient paiez come ils ont este accustumez de estre paiez, devant ces heurs.

Ibid. N. 22. Item, Qe chascun home & feme, de qel estat ou condition qils soient qont ascuns Chastelx, Manoires, Terres ou Te­nements, Rents ou autre Possessions, 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, Rentes & Possessi­ons qeux ils ont ensi a terme de vie, ou des Ans, de le dit Feste de Pasche dar­rein passe, tanqa lendemayn avantdit. Et qe le Roy ent seit respondus a son Escheqer: Forpris Fees & Advoesons, Gardes, Marriages, & autres Casueletees as Chastelx, Manoirs, Terres, & Tenements Rentes & Possessions avant dits appurte­nants: [Page 142] Et forpris les Chartelx, Ma­noirs, Terres, Tenements, Rents & Pos­sessions, Fee Farmes, Annuities, & les Profits & Commoditees, Assignees au Reigne, en Dower, ou donez ou grantez a les Fitz du Roy, & a chascun de eux: Et forpris ceux qont ascuns Annutees per Grant ou Confirmation a eux ou a lour Ancestres, fait en Parlement: Et forprises auxi les Chastelx assises sur les Marches Descoce, ou de Gales, ou sur les Coustes de Mer.

But there seems to be given a Power to the King, by his advice of Coun­cil, to Resume his Lands from such as have more than they deserve.

Ibid. N. 23. [...] Item, Qe Proclamation soit fait en Chascun Contee Dengleterre, qe [...] ceux qont ascuns Annuitiees, [...] Manoirs, Terres, Tenements, Fee Fermes, Fees ou Gages, ou autre Grant qeconqe, dascune value annuelle, a terme de vie, ou des Ans du Grante du Roy Edw. Aiel nostre Seignour le Roy, puis le an qarantisme du dit Roy Edw. 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 Lettres Patentes, a eux faits, per les Roys suisdits, sur [Page 143] peine de forfaire mesme les Lettres Pa­tentes, au fyn qe nostre dit Seignour le Roy, per advys de son Conseil, purra ordeigner qe ceux qont fait bon service eient & enjoient lour dites Lettres Pa­tentes, & les autres qe nount deservies, soient tout outrement oustez de lours dites Lettres Patents: Et auxint de ceux qont pluis qe ne ont deserviez, qe le dit Roy, per advys de son dit Counseil, purra faire Moderation, come mieltz luy semblera.

Anno 7 & 8 Hen. 4. The Commons Pray the King, That no Lands to be Conquer'd from the Welch, should be granted away in a Quarter of a Year, from the time such Lands should be taken in: The King among other things Answers, That he will not grant away such Lands till he is inform'd of their Value.

* Rot. Par. 7. &. 8. H. IV. N ^o 15. Item, Le dit Mr. John Pria pur les dits Communes, qe les Chatelx Seignouries, Terres & Tenements, en la Terre de Gales, qe desore, per la Grace de Dieu, seront conqis, ou gaignez, sur les dits Rebealx, ne soient donnes a uully per le espace dun qarter dun Apres ceo qils se­ront ensi conqis ou gaines.

A qoy le Roy respendi, qil se veilloit abstenir deascun tiel don faire a uully tanqe al temps qe il feroit enformez de [Page 144] la value dycelles: Et si ascun [...]ie [...] don deslors se feroit, qil le vorroit faire as tielx Persones 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 Banish'd the Kingdom, which the King agrees to, and in his Writ to the Sheriffs of London, directs, That such Foreigners should produce such Grants of Land, as they had obtain'd from Him, the Queen, or from others. Ibid 29. ‘ Ite [...], Samedy le 8 jour de May a les souve [...] priers & reqestes des Communes, accord [...] feust per nostre Seignour le Roy, & les Seignours Esprituelx & Temporelx, [...] touts les Aliens des qeux les noms [...] comprises en une Cedule, laqelle [...] livree al Seneschal del Houstiel du Roy, voidant la Roialme devant un certain jour, compris en le Brief de Proclama­tion ent fait, come per la tenure dycell [...] brief, enroulle en la Chancellerie, y purra apparoir.’

And the King in his Writ to the She­riffs, Directs among other things, 'Quod (que) omnes & singuli Alienigenae praedicti, qui ali­qua Terras, Tenementa, Annuitates, sive Concessiones quaecun (que) in Feodo simplici, vel Talliato, sive ad terminum vitae, vel anno­rum, [Page 145] ex Concessione nostra, sive ex Concessi­one charissimae Consortis nostrae Reginae Angliae sive aliorum Ligeorum nostrorum per litteras, sive scripta, eis inde fact▪ obtinent, quovis­modo, hujusmodi Litteras sive scripta nobis in Cancellaria nostra liberent indilate, ad finem quod visis Litteris & scriptis praedictis, inde fieri jubere valeamus, quod de jure, & secundum legem & consuetudinem Regni no­stri Angliae, fore viderimus faciendum.

Anno 11. Hen. IV. The Commons Pray, That for ever hereafter no Grant may be made of any Hereditament, or other Pro­fits of the Crown, except Offices and Baili­wicks, till the King shall be quite out of Debt; and unless there be remaining in his Coffers sufficient for the Provision of his [...]amily. To which the King agrees, directly, without Reservation, till his Debts be paid, or unless there be sufficient Provision for his Family, and with Reser­vation for the Queen, His Sons, and for the Duke of York, and the Lord Grey.

Rot. Parl. 11 Hen. IV. N ^o. 23. ‘ Item, Qe nulles Chastelx Honours Seig­nouries, Manoirs, Villes, Terres, Tene­ments, Franchises, Reversions, Libertees, Forrestes, Fees, Advoesons, Eschetes, Forfaitures, Gardes, Marriages ou au­tres Revenues qeconqes, ove lours ap­purtenances, forpris Offices & Baillies, en temps ensuivants, es Mains nostre dit [Page 146] Seignour le Roy ou a ses Heirs, Rois Dengleterre, a eschiers, ou a venirs, ne soient en nulle manere donez, ne Grantez a ascune Persones, si ne soit al profit & Oeps nostre dit Seignour le Roy, pur la Sustenance de son Houstiel, Cham­bre, & Gard [...]robe, tanqe tous ses dettes a ses Lieges a present dues soient pleine­ment paiez, & deslors enavant continuell [...] ­ment resonable Substance remaignant e [...] mains nostre dit Seignour le Roy, & ses Heirs, Roys Dengleterre, pur la suste­nance & supportation del Houstiel, Chambre▪ & Garderobe suis ditz, devant ascun doun ou Grant fait al contraire di­celle en descharges de nostre dit Seig­nour le Roy, & de son Roialme, [...] temps avenir: Et si ascune maner [...] de Persone, de 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 doun ou Grant soient outre­ment voidez, & come nulles tenus, & le Roy respondu en son Escheqer des Issues en le mesme temps dycelle provenantz & en temps ensuant a provenir per issint qe le Chancelier Dengleterre, qi pur le temps sera, soit tenus a certifier en l Es­chequer [Page 147] nostre dit Seignour le Roy des douns & Grants avant dits, a tant de foits come il besoigne.’

Resp. ‘Le Roy voet qe touts les Cha­stelx, Manoirs, Honours, Seignouries, Villes, Terres, Tenements, Franchises, Reversions, Libertees, Forrests, Fees, Ad­voesons, and Eschetes, Forfeitures, Gardes, Marriages, ou autres Revenues qeconqes, ove lour Appurtenances, Forpris Offices & Baillies, qi escheiront de ce en avant, es mains nostre Seignour le Roy, ne soient en nul manere donnez ne grantez, a ascune Persone, sil ne soit al oeps & profit, nostre dit Seignour le Roy, pur la Sustenance de son Hostiel, Cham­bre & Garderobe, Et si ascune manere persone, de qel Estate ou Condition qil soit, eit ou resceivre dycest 26. Jour de Avril, en temps avenir, ascun tiel doun ou Grant, au contraire de cest ordeinance, qe le avant dit doun & Grant soient ou­trement voidez, & tenus pur nul, for­pris que Recompensation soit fait au Reigne, 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 lettres Pa­tentes.’

[Page 148] There was no full and direct Resumption during the Reign of Henry the V. Rot. Par. 1 Hen. V. N ^•. 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 fenc'd 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 Summ 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. N ^o. 12. Item accordez est, & assentuz per [...] Roy & les Seignours, a la reqest d [...] Communes en Parlement, 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 livres annuel­lement, & yeelle preferement accompli [...] ▪ soient les Persones dessuisdits paiez d [...] lour dites Annuitees, solonc les Fourm [...] & effect de lour letters Patentes a eux en [...] [Page 149] faits. Purveus toutes fois qe les Seig­nours & autres Persones qont lours An­nuitees enheritab [...]ement, soient paiez de­mesme lour Annuitees solonc la fourme & effect de lour Chartre, & Lettres Pa­tents, ent faits, non obstant le prefere­ment avant dit.

Anno 28 Hen. 6. ‘ Rot. Parl. 28 Hen. VI. N ^o 53. Prayen the Com­mons in this youre present Parlement Assembled, to consider that where youre Chanceller of youre Reaume of Englond▪ youre Tresorer of Eng­lond, and many of the Lords of youre Counseill, by youre high Commande­ment to youre said Commons, atte youre Parliament holden last atte West­minster, shewed and declared the State of this youre Reaume, which was, that ye were endetted in CCCLXXII. M. li. which is grete and grevouse, and that youre Livelode in yerely value was but V. M. li. And for as moche as this V M. li. to youre high and notable Estate▪ to be kept, and to paie youre said dettes woll noght suffice, Therefore that youre high Estate might be releved.’

First there is Saving to the Queen, for her Dower. [2] For the Colleges of our Lady of Eaton, and our Lady and St. Ni­cholas of Cambridge. [3] For Lands grant­ed [Page 155] in the Dutchy of Lancaster to Persons to the intent to perform the King's Will. [4] For Priories Alien then in the Possessi­on of Hospitals, or Religious Houses. [5] For the Creation Money, paid to the Peers, but this Saving is with Restrictions. [6] For those who had made Surrenders to the King, and taken other Lands in Exchange so as the last Grant exceed not the first in value or terme. [7] A Saving for Lands bought of the King by Henry Cardinal of England and given to St. Crosses, with a general Saving for the Interest and Claime of private Persons to the Lands intended to be Resumed. [8] A Saving for those who had Grants in former Reigns, out of which they were Lawful­ly Evicted, and in Consideration of which they had Grants from the present King. [9] A Saving for those who had exchang'd Lands with the King, so as the Lands exchang'd were not also of his own Gift, and so as what exceeded in Value should be resum'd. [10] A Saving for what paid Rent according to the true value at the time of the Grant. [11] A Saving for where the King was Feoffee in trust, so as it was not in Lands of his own Gift. [12] A Saving for the Lord Chan­cellor, Treasurer, Privy Seal, Justices, Barons of the Exchequer, Serjeants at [Page 156] Law, Atturney and Officers in the King's Courts of Record, for accustom'd Wages, Rewards or Cloathing, [13] A Saving for Grants made of their own Lands to Persons born beyond the Seas, and of English Parentage. [14] A Saving for All-Souls-College. [15] A Saving for Ci­ties and Burroughs, who by the King's Charter were to be exempt from the Ju­risdiction of the Lord High Admiral or Warden of the Cinque Ports. [16] A Sa­ving for Bodies Corporate, &c. who by Charter had Priviledge granted of Mu­rage.

These were all the Reservations, the House of Commons thought necessary in this Act. Then follows.

And that it like youre most High and Habundant Grace, tenderly to consider these Premises, and thereuppon by youre high and grete Wisdome, and by the Advyse of the Lords Spirituels and Tempo­rels, in this your present Parlement Assemb­led to ordeine, provide, and establish suffi­ciaunt Possessions, of the Premises so re­sumed for the contentyng and Paiment of the Expences, and Charges of youre Houshold, and all youre other ordinarie Charges: And to Apply and Appoint the Possessions, Profites, Revenues, and Commodities of youre Towne of Caleys, [Page 157] and of Guisues and of the Marches there, hooly to be taken and received by youre Tresorer of Caleys for the tyme beying, he to apply theim to the Payments of the Souldeours there, and the repaire of the Gettes and other necessary reparations there behowfull; And the seid Tresorer thereof to you in youre Eschequer duely to accompt; And all the Possessions afore­said soo severally provided for to abide and endure to you youre Heires and Suc­cessours in perpetuitie, to the same end and effecte, and noon other, with such peines and Punishments to be sette there­upon, by youre wise discretions, that noone of youre Leiges in tyme to come attempt the contrarie thereof, or accept any parcell of hem, so ordeined, for the seid Provisions; so that the seid Ordei­naunce soo made be sent and declared to us youre seid Beseechers, during this your seid Parlement, to the ende and effecte we to yeve thereto our assent, so that it can be thought to us for youre Honour, profite and welfare of us, all so to doo, that it be authorised in this youre high and Roial Court of Parle­ment, and by Aucthorite of the same.

Resp. ‘The Kyng by the Advyse and assent of the Lords Spirituelx and Tem­porelx in this present Parlement assem­bled. [Page 158] and by the Aucthoritie 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 hym graunted ordeined and admitted, and putte in Wryting in this same Parle­ment, upon the premisses, be and stand good and availlable in Lawe, after the Fourme and effecte of the contynue of the same exceptions Moderations and Provisions; And that all Lettres Patentes of the Kyng made to oney Persone or Persones named in oney of the same Ex­ceptions moderations forprises and pro­visions, be good and effectuel after the Fourme and continue of the same Lettres Patentes, by whatsomever name oney such persone or persones be named in oney such Lettres Patentes, the said Act and Petition of Resumption or oney thing conteined therein notwithstanding.’

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 Dutchess of Warr. [4] For Lands exchang'd with John Fray. [5] For the College of Leicester. [6] For the Ex­pences granted by Patent to Richard Duke of York in the Lieutenancy of Ireland. [7] For Restitutions of Tem­poralities, &c. to Arch-Bishops, Bi­shops, &c. [8] For the Priory of Henton. [9] For John Stourton, Trea­surer of the Houshold for 5000 l. to be ex­pended in his Office. [10] For the Prior of St 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 improv'd. [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 Dismes. [20] For Tho­mas [Page 160] Derling, Serjeant of Arms, his Cloath­ing and accustom'd Wages. [21] For John Waterford the same. [22] For John Bury's Pension of 12 p. per diem, &c. [23] For the Priory of Brydlyngton, Endow'd 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 restor'd 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 yeilding no­thing, being in the Hands of Rebels, the said Earl having had no other Recom­pence for his long Services. [27] For the Lord Scales Pension of 100 l. per Annum for his long Services in France, and Du­chie 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 Rent of New-biggyng, which Fee-farm had been usually distributed among the King's Ser­vants from King Edward III's 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 [Page 161] 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 Ton 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 accompt of Lands restor'd to them by good advice. [38] For the Vicounts, Beamont 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 Vicount Beamount, Ralph Lord Cromwel, and others, in rela­tion to Lands granted to them, the Value not express'd in the Proviso. [44] The same for John Fanceby, value not express'd. [45] The same for John Hampton, but 40 l. per Annum resum'd 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 re­sum'd [Page 162] 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 resum'd from him [50] The same for Will. Tresham only 20 per Anuum is resum'd from him. [51] The same for Thomas Myner, and others the King's menial Servants, only 20 out of 40 l. per Annum is resum'd from Jenk yne Stan­ley. [52] For the Earl of Arundel, for Lands granted to him, the value not express'd. [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 reserv'd to him. [55] A Saving for the Lord Dudley, as to some Patentes, but other things are resum'd. [56] For certain Priv [...]leges granted to Sir John Boteller. [57] For Sir Thomas Haryngton on accompt of Lands granted to him for good Services, specified in the Provisoe. [58] For Sir Richard Wyddewil, Lord Rivers, and others, on accompt of Lands granted or confirm'd to them. [59] For Sir John Talbot, and others, on accompt of 20 l. per Annum Pension to be paid to them, or the survi­vor [Page 163] 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 resum'd 20 l. Feefarm Rent. [64] For Rob. Manfeld and his Son for Lands Granted or Confirm'd. [65] The same for Will. Say and Thomas Shargyl the Kings Ser­vants. [66] The same for Gilbert Par, but 9 l. per Annum Feefarm Rent resum'd [67] The same to John Trevilian as to some small Grants express'd. [68] The same for Henry Langton the King's Servant. [69] The same for John Say, as to a Grant for his and his Wifes lives, but L. 9-2-6. Fee­farm Rent resum'd. [70] The same for John Blackney the King's Servant. [71] The same to Rob. Fowles 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 [Page 164] King's Servants, but three Pipes of Wine, and 10 l. per Annum Feefarm Rent are here resum'd. [77] The same for Will. Elton and others the King's Servants as to some Lea­ses or Confirmations. [78] The same for John Sutton Kings 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 reduc'd to 10 l. per Annum. [83] The same to Thomas Carr the King's Servant. [84] The same to Andrew Lowe King's Servant. [85] The same for Thomas Schapp King's Servant, as to 6 d. per diem Sallary. [86] The same for William Langton, and others of the King's Mynstrel, 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. [Page 165] [92] The same for James Hornby and Tho. Os­born Kings Servants as to their Offices, Wages and Cloathing. [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. Wednyng as to the Reversion of an Office. [96] The same for Christop. Whittacre as to an Office and Sallarie 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 Heires for Sustentation of the Honor. [100] The same for Wotkyn Bedell King's Servant as to a Feefarm Rent out of Mills in Herefordshire. [101] The same for Sr. Rich. Molyneux and his Son as to their Offices and Sallaries 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 Mannors they held by Lease and for which they paid Rent. [108] For John Hunt and others, Clerks of the Chap­pel as to some Grants so as no Grant made to any of them exceed 20 Marks per ann. [109] [Page 166] For John Watts and others King's Servants as to some small Pensions for Life. [110] A Saving to John Merston and others the Kings Servants but with Exceptions. [111] For John Wesen­ham King's Servant. [112] A Saving to John Holt for some Lands (as it seems) rather re­stor'd 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 Mannor of Hungerford out of which there was a reserv'd 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 Expences in repairing the Port of Southampton, and that by this Resumption he was to loose several Grants express'd in the Proviso. [121] A Saving for John Green Esq who had certain Priviledges and Free Chace 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 [Page 167] 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 Kings Servant as to his Salary of 12 Pence per diem. [129] A Saving to the Towne 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 ex­press'd. [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 Kings 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 Rent 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. [Page 176] [146] For Will. Catesby King's Servant as to 10 l. per ann. for life. [147] For John Parkes Kings Servant. [148] For John Martyn Kings Servant as to 6 d. per diem. for his life. [149] For George Danyel as to Grants so they exceed not 20 Mark per annum. [150] For John Hoghton and other Servants at Arms, as to their Patentes, 'tis to be suppos'd for their Em­ployments. [151] For Rob. Wood Clerk as to a Reversion of a Feefarm Rent of 10 l. per ann. [152] A Saving for King's Hall in Cambridg as to a piece of wast ground and Conduit granted. [153] For Tho. Smith as to his Office and Sal­lary of 4 Pence per diem. [154] For Will. Bur­ton Queens Servant as to 100 Shill. per ann. for his life. [155] For Thomas Derlyng and John Moor Serjant at Arms as to their Fees. [156] A full Saving for the Colledges founded by the King in Cambridg and at Eaton. [157] This Saving relates to the same Colleges. [158] For Will. Bradford and Thomas Kendal Kings Offi­cers as to their Fees. [159] For Tho. Merton as to 100 Shillings per ann. [160] For the Dutches of Somerset as to part of her Dower. [161] For John Pulloo as to his Office and Fee. [162] For Coney ap Rice the same. [163] For the Lady Roos Widdow as to 60 l. per ann. for life. [164] Provided also that noon excep­tion made by us upon the Resumption in this present Parliament of any Possessions extend to oney Londs, Tenements, Fees, Offices Fermes or any other thing in Caleys or in the Marches thereof. [165] A Saving for Robert Tanfeld as to 20 Mark per Annum for his life out of the Hamper. [166] For John [Page 177] Somerset, Gentleman. [167] For Sir Ed­mond Hampden, Queen's Carver, as to some Herbage in a Park, which did not exceed 50 Shillings per Annum, and as to an Annuity of 20 l. per Annum. [168] For Tho. Parker, Esq as to his Grants not exceeding 24 l. per Ann. for Life. [169] For Tho. Pope. [170] For Tho. Bird, Ser­jeant at Arms, as to his Wages and Cloath­ing. [171] For John Daindesey, King's Servant. [172] For John Skelton as to Two Annuities, one of 20 l. another of 10 Mark for his Life. [173] For John Faceby, Serjeant at Arms, as to his Office and Sallary. [174] A Saving to the Town of Beaumaris, as to 20 l. per Ann. granted for its Walling. [175] For Wal­ter Bright, Serjeant at Arms, as to his Of­fice, Cloathing and Wages. [176] For Johanna Astley, the King's Nurse, as to Two Annuities for her Life, amounting in the Whole to 50 l. per Ann. [177] A Saving to the City of Chester, as to a Re­lease granted to 'em for 50 Years of 50 l. per Ann. part of their Fee-farm Rent. [178] For Sir John Fortescue, [179] To Thomas Brown, as to 12 l. per Ann. for his Life. [180] For Henry Abyndon, Clerk of Eaton College, as to 8 l. per Ann. [181] For Henry Vavousor, for some Grants [Page 178] which are express'd. [182] For Tho. Derwent, Serjeant at Arms, as to his Of­fice and Fee of 12 d. per Diem. [183] A particular, and then a general Saving for King's- Hall in Cambridge. [184] A Sa­ving for the Abbot and Covent of St. Al­bans, as to Franchises and Liberties. [185] For Tho. Thorp, as to his Grants, but 10 l. per Ann. Fee-farm Rent the King resumes.

The Reader may observe from this Record,

1 st. That the Crown was become in­debted to the Subjects, in the Sum of 372000 l.

2 dly, That the Crown-Revenue, which in the Reign of Henry the Fifth, was 56966 l. became reduc'd to 5000 l. per Annum, so much had the Crown been robb'd and pillag'd during the Minority of this Religious, but weak and unfor­tunate Prince.

3 dly, That the House of Commons thought it reasonable to relieve the King's Necessities out of his own, and by an Act of Resumption, rather than to charge the People with new Duties and Impositions.

4 thly, That the House of Commons thought it reasonable to make the Act so general, that they inserted only Six­teen [Page 179] Reservations or Saving for others, so much did they consult the Publick more than any private Interest.

5 thly, That the Commons desire the King to appropriate to the Expence of his Houshold the Lands so resum'd.

6 thly, That the King when he gave the Royal Assent to this Act, reserv'd to himself the Power of putting in Wri­ting, while the Parliament sate, certain Moderations and Restrictions to the said Act, and the King in the said Assent, excepts all Grants made as to Calais and Ireland.

The Writer of these Papers thought his Labour would not be unprofitably spent, to give an Abstract of the Re­strictions and Moderations, which the King's Council believ'd at that time ne­cessary in an Act, which was to be so very general and extensive.

In these Savings, which are in Num­ber 185, the Reader has before his Eyes a perfect Image of the Gravity, Care, Exactness and Frugality of that Age.

Most of the said Savings relate to Pa­tents for Employments, or for Lands ra­ther restor'd than granted, or for some Liberties and Franchises, or for Lands given to Religious Uses, all which were affected by the Act. In some of the Pro­viso's, [Page 180] the Value of the Grant is menti­on'd, and in others omitted; but the ge­neral Exactness, which runs through the Whole, is a Mark, that where the Va­lue is not express'd, 'twas notoriously in­considerable. In many of the Savings there is something left and something taken away. The Reader may likewise note, That most of the Grants of that Age were only for Life.

Note.] In this Writing of Restricti­ons the King receeds from the Exception he made, as to Calais, when he gave the Royal Assent. [As in Saving 164.]

Note.] That the Great Earl of Shrews­bury, who had done so many Heroick Actions, and had so valiantly fought for the Honour of his Country, had but 100 l. per Annum Pension for his Life, and some Lands in Ireland, then of no value, the said Earl having had no other Recom­pence for his long Services, which Mo­deration of his is a Reproach to the A­varice of the present Times, [vide Sa­ving 26.]

Anno 29. Hen. 6. There was another Resumption made. The Preamble a­grees almost Word for Word with the fore-mention'd Act; but the Acts differ when we come to the following Para­graph.

The House of Commons judg'd it rea­sonable to make some Exceptions, or Proviso of Savings to certain Interests; they are in Number Thirteen, and much [Page 187] of the same kind as the Savings in the Act that pass'd the Year before. Then follows.

And for as moch as it is pleynly and universally conceyved throughoute all this youre Roialme, that the good spede of this Acte of Resumption ys to you full, honourable, necessarie and be­hovefull, and to all youre liege People comfortable and grete releife of theire Povertee, the which they been in for many unportable Charges leyed upon theym afore this tyme, for that the seid Resumption afore this tyme hath not be effectually had. We youre true, hum­ble Obeisant and faithful liege People, comyn for the comen of this youre no­ble Roialme, to this youre high Courte of Parlement, by youre Autorite Roiall, in the moost lowly wise to us possible, beseechen youre most Noblaye, graci­ously and tenderly to considre the grete Benefites that shuld growe unto you, and to this your Roialme, by the Meane of this Resumption. That it please there­fore your moost habundat Grace, that the seid Resumption may take good and effectual Conclusion, whereof we youre seid humble liege People, undre the Fa­voure of youre high and moost noble Grace, may have knowlech during this [Page 188] seid Parlement, for youre singu­lar Wele and special Comfort and Con­solation of us, and all thoo that we come fore.

Resp. ‘As for answere of the Petition and request of Resumption made to the Kyng by the Commons of this his pre­sent Parlement assembled, His Highness wol that they know, That by thadvyse and assent of the Lordes Spirituell and Temporel, beyng in the same Parle­ment, and by the thauctorite of the same Parlement His Excellence is agreed to resume and resumyth into his Hands and Possession all Honoures, Castels, Lordshipps, Towns, Townshipps, Ma­ners, Londes, Tenementes, Wastes, Rentes, Reversions, Fees, Fee-fermes and Services, with all theyre Appurte­nances in the which he had Estate in Fee, in England, Wales, and in the Marches thereof, Irlond, Guysnes, Ca­lais, and in the Marches thereof, the which his Highness hath graunted by his Lettres, Patentes, or otherwyse syth the first Day of his Reigne. And all the Honoures, Castels, Lordshipps, Townes, Towneshipps, Maners, Londes, Tenements, Wastes, Rents, Reversions, Fees, Fee-ferms, and Ser­vices, with all their Appurtenances, [Page 189] the which were of the Dutchie of Lan­castre, and pass'd from his Highnesse by his Graunt or Graunts. And he to have all the Premisses in and of like Estate as his Excellence had theyme at the tyme of such Grantes made by hym of theym. And that all Lettres Patentes, or Grauntes by his Highnesse, or by any other Persone or Persones at his re­quest or desire made to any person or persons of the premisses, or of any of theym in that, that is of any of the pre­misses be voide and of noo force. And over that, that all manere of Grauntes of Rentes, Charges or Annuities made by the Kyng's Highnesse of Estate of En­heritance, or for Term of Life or Term of Yeris, or at the Wille to any persone or persons to be taken of any of these Pre­misses, or of any other of his Possessions, or of his Custumes or Subsidies, or Aw­nage, or of his Hamper, or at, or in his receite, or in otherwise, or in any other place, or in any of theym, or of the profites, comyng of theym, or any of theym within this his Roialme, Irlond, Wales, Guysnes, Caleys, and Marches of the same be void and of non éffecte. And that all Manner of Grauntes made by His Highnesse to any Persone or Per­sones of Estate of Inheritaunce terme of [Page 190] Life or terme of Yeris or at his Wille of any Herbage or Pannage, Fishing, Pa­sture or Comyn of Pasture, Wareyn, Wode, Wyne, Clothyng, Furres to non Office longyng nor perteynyng the seid first Day of his Reigne nor a­fore not yeldyng to his Highnesse the verray Value therof nor doyng any Charge to His Highnesse therof to the Value therof be voide and of non Effecte▪ And that all Lettres Patentes by His Highnesse made, in, or of any of the Premisses to any Persone of the which any Recovere hath been hadde ayenst the seid Patentes or any other by Co­vyne or Collusion that as well the Re­coverer therof as the Letters Patentes be voide and of non Effecte. And over that that all the Graunts or Relesses made by His Highness syth the first Day of his Reigne to any Abbot, Pri­our, Covent, or to any other Persone or Persones of Discharge or quiet Clayme of any Corrodies or Corrodie, Pensions or Pension, Dismes Spirituels or Quin­zismes or Dismes Temporels or of Dis­charge or quiet Clayme of any Rents of Fee or Services of Fee be voide and of non Effecte. And over that it liketh his Highness to take, resume, and seise in his said Handes and Possession all man­ner [Page 191] Libertees, Privileges, Fraunchises, Hundredes, Wapentakes, Letes, Rapes, viewe of Fraunkplege, Shirrif Towrnes, Shirrif Gildes, Fines, Amerciaments, Issues and Profites of the same by his Highnesse graunted sith the first Day of his Reigne to any Persone or Persones or Abbot, Priour, Dean, Chapitre, Maistre▪ or Wardeyn of College, Fra­ternitee, Crafte or Gilde, and all Man­ner such Grauntes to be voide and of non Effect. Except such Libertees, Privileges, Fraunchises, Hundreds, Wa­pentakes, Letes, Rapes, view of Fraunkplege, Shirrif, Towrnes, Shir­rif Gildes, Fines,, Amerciaments, Issues and Profites of the same, and all other Libertees, Privileges, Fraun­chises and Immunitiees that his High­nesse hath graunted to the Provostes and Scolers of his Collage Roial of our Lady and St. Nicholas of Cambrig; or to the Provoste and Collage Roial our Lady of Eaton and to theyre Successoures. This Acte and Petition of Resumption to begynne and take Effecte atte the feste of Thannunciacion of oure Lady in the Yere of his Reigne XXIX. And that all maner of Grauntes by his High­nesse made of any of the seid Honours, Castels, Lordshipps, Townes, Town­shipps, [Page 192] Manoires, Londes, Tenementes, Wastes, Rentes, Reversions, Fees, Feefermes and Services with all theire Appurtenaunces or any discharge or qui­et Claime as it is above reherced du­ryng this present Parlement be from the seid Fest of our Lady voide and of non Effect. And as to the Provisions and and Exceptions conteigned in the seid Petition of Resumption his Highness theym accepteth and the same agreeth forth, with other Provisions and Excep­tions by hym by thadvise of the seid Lordes, Spirituels and Temporels be­yng in this seide Parlement put in wri­tyng as the Tenours of theym hereafter folowen,’

The Moderations or Savings 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 purchas'd 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 conteyned in the feid Petition of Resumption, not specified in this his Answer,

Le Roy Savisera.

[Page 193] Note.] That here the Lands of Ireland are resumed.

But as to the Fees belonging to Of­fices, the Point was farther clear'd in an Act of the 31st Hen. VI. Chap. 7. which is in the printed Statutes.

Anno 33. Hen. VI. there pass'd ano­ther Act of Resumption.

Then the House of Commons made some few Savings, in Number Twelve, which are much of the like Nature of those in the Two former Acts. Then follows.

Then follow Two Savings, one for the Prince of Wales, and another for Richard Duke of York, as to some Patents they had.

Resp. ‘As touchyng this Petition of Resumption the Kyng hath well con­ceived and understood the Maters, Ar­ticles and Desyres conteyned in the same Petition; wherfore the Kyng by thadvyse and assent of the Lords Spirituel and Temporell, beyng in this present Parlement, and by Auctorite of the same, taketh and resumeth into his Hands all manner thyngs conteyn­ed [Page 207] in the seid petition, and the same agreeth and accepteth, the Penalte in seid petition except and leid apart; alweye his Prerogative reserved; for­seyn alweye that suche provisions and Exceptions as been by his Highnesse, by thadvyse of the seid Lordes Spiri­tuel and Temporel made and agreed, or to be agreed; and in this same Par­liament put in Wrytyng upon the pre­misses, be good and effectuel the seid Acte notwithstanding for the Egalte and Reason that the Kyng ought to do to his people, the which shall be to the pleaser of Godde, the Honour and the Wele of his Lond and People.’

Then follow a great Number of Sa­vings and Provisions, all of 'em much of the same Nature with those in the former Acts; and none of 'em seem such as could any wise defeate the Designe of the Parliament, which was, that all im­moderate Grants should be actually re­sumed.

But some may object, that Henry the Sixth, under whose Reign these Three Resumptions were made, was a weak Prince, unfortunate Abroad, engag'd in Factions at Home, and kept under by the Power of the House of York; where­unto [Page 208] 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 its Passing was not the Effect of Faction, but, indeed, it was carry'd on by the Weight of the People. But these Objections will be more fully answer'd, when we show that the same Thing was done by a Prince, who had master'd all Parties, and un­der an Active and Martial Reign, which was that of Edw. IV. his Successor, where the Presidents for a Resumption are four times confirmed.

As soon as Edward the Fourth came to the Crown, one of the first Things desired by his Subjects was an Act of Resumption.

Rot. Parl. 1 Edw. 4. N ^o 11.— And over that, that our seid Sovereign Leige Lord King Edward IV. the Fourth Day of Marche was lawfully seised and possessed of the seid Corone of Englond in his Right and Title, and from thenceforth have to hym, and hys Heires, Kynges of Englond, all such Mannours, Castels, Lordshippes, Ho­nours, Londs, Tenements, Rentes, Ser­vices, Fees, Feefermes, Rentes, Knyghts Fees, Advowsons, Gyftes of Offices to geve at his pleasure, Fairs, Markets, [Page 209] Issues, Fines, and Amerciaments, Li­bertees, Franchises, Prerogatives, Es­cheates, Custumes, Reversions, Re­mainders, and all other Hereditaments, with theyr Appurtenances whatsoever, be they in Englond, Wales, and Irelond, and in Cales, and the Marches there­of, as Kyng Richard the 2 d. had on the Fest of Seint Matthew the Apostle, the 23th Yere of his Reigne, in the Right and Title of the seid Corone of Eng­lond, and Lordshippe of Irelond.

Resp. ‘The Kynge by thadvyse and Assent of the Lords Spirituel and Tem­porel in this present Parlement assem­bled, at the Request of the Comyns beyng in the same, agreeth and assen­teth to this Petition, and it accept­eth, with certain Moderations, Pro­visions and Exceptions, by his High­nesse thereupon made, and in certain Cedules written, and in the same Par­lement delivered, the tenor of which follows.’

Then follow the Exceptions or Savings to particular Interests, which are in Number 85.

But this Resumption looking so far backwards, as the Reigns of Henry the Sixth, Henry the Fifth, and Henry the Fourth, was too large to have any good [Page 210] Effect▪ And as to its having been im­practicable, and not well concerted, we have this Argument, that a new Act better digested, and which did not re­trospect so far, was thought necessary, Anno 3. & 4. of the same Reign.

Anno 3 & 4. Edw. 4 ti. There pass'd another Act of Resumption.

[Page 214] Then follow Three Savings made by the House of Commons. 1 st, For Sums issued to the Payment of the King's own Debts. 2. For Corporations, Cities and Boroughs, &c. as to any Gift, Grant, De­mise, Lease, Release, Jurisdiction, Au­thority, Confirmation, Ratification, Li­cence, Pardon, &c. granted by the Kings Henry the 4 th, 5 th and 6 th. 3. For Grants or Licenses given by the said Kings to any Person, to found or make Fraternities, Gyldes, Hospitals, &c. or to purchase Lands for those Uses.

Then follow a prodigious Number [...] Savings and Exceptions, and so many as, indeed, seem intirely to defeat th [...] Design and Intention of the Act; which in the 7th of the same Reign, produc'd another Resumption.

This Heroick Prince, who himsel [...] 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 plunder'd from the Crown, i [...] the Words following.

7 Edw. 4. Rot. Parl. N. 7. John Say, and ye Sirs comyn to this my Court of Parlement, for the Co­mon of this my Lond: The Cause why Y have called and summoned this my [Page 215] present Parlement, is, Y purpose to to lyve upon my nowne, and not to charge my Subgetts, but in grete and urgent Causes, concerning more tho wele of theymself, and also the defence of theym, and of this my Reame, ra­ther then my nowne pleaser, as here­tofore by Comons of this Lond hath been doon, and born unto my Progeni­tours in tyme of nede; wherein Y trust, that ye Sirs, and all the Comons of this my Lond, wol be as tender and kind unto me in such Cases as hereto­fore eney Comons have been to eney of my seid Progenitours. And for the good Wills, kindnesse and true herts that ye have born, continued and show­ed unto me at all tymes heretofore, Y thank ye as hertily as Y can; as so Y trust ye wol contenue in tyme com­yng; for the which, by the Grace of God, Y shall be to you as good and gracious Kyng, and reigne as reight, wisely upon you as ever did eney of my Progenitours upon Comons of this my Reame in days paste; and shall al­so in tyme of nede aply my Person for the Wele and defence of you and of this Reame, not sparyng my Body nor Lyfe for eny jeopardie that mought happen to the same.

[Page 216] 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 Prosperite of the Kyng, and also of the Commonwele, defence, surete and welfare of this Reame, and his Subgettes of the same, it is ordeyn­ed, enacted and established by thadvyse and Assent of the Lords Spirituells and Temporells, and Comons in this pre­sent Parlement assembled, and by Au­ctorite of the same, That the Kyng from the Fest of Ester last past, have, take, seize, hold and joy all Honours, Castells, Lordshipps, Townes, Towne­shipps, Manors, Londes, Tenementes, Wastes, Forestes, Chaces, Rentes, An­nuities, Fermes, Fee-fermes, Reversi­ons, Services, Issues, Profites, Commo­ditees, which he was seised and posses­sed of the 4th day of Marche, the first Yere of his Reigne, or eny tyme after, by resone of the Coroune of Englond, the Duchie of Cornwaille, Principalite of Wales, and Erldom of Chestre, or eny of theym in Englond, Irlond, Wales, and Marches thereof, or that apper­teyned or belonged to hym the same [Page 217] fowerth day, or eny tyme sin, as par­oell of his Duchie of Lancastre, or by the forfaiture of Henry the Sixt, late in dede, and not in Right Kyng of Eng­lond, or eny Person atteynted sin the seid 4th day of Marche, by auctorite of eny Parlement holden sin the seid 4th day, or otherwyse attaynted by the course of the Comon Lawe of this Lond, and passed from the Kyng un­der eny of his Seales, to eny Persone or Persones in Fee-simple or Fee-taille, terme of Lyfe or terme of Yeres, and that the Kyng fro the seid Fest of Ester, have, hold and joye every of the Pre­misses in lyke estate as he had theym the seid fowrthe day of Marche, or eny tyme after.’

Then follow several Savings much of the like Nature as those in the former Acts, as also some Regulations relating to the King's Tenants, not material to our present Subject.

Quae quidem cedula transportata fuit Com­munibus Regni Angliae in dicto Parliamen­to existent. Cui iidem Communes Assen­sum suum prebuerunt sub hiis Verbis. A toutez lez Actez & Provisions desuis Es­criptez les Comunes sont assentuz. Quibus quidem cedula & assensu in Parliamento predicto lectis auditis & plenius intellectis de avisamento & assensu & autoritate pre­dict▪ respondebat eidem in forma sequen.

Resp. Le Roy le voet ovesq. lez Provi­sions & Exceptions sur ceo pur luy faitz les tenours de queux cy apres ensuent.

That is, the King consents to the Bill with the ensuing Provisions and Excep­tions: Then follow a great Number of Savings and Provisions, most of 'em for private Persons, and much of the same Natures as those of the former Acts.

7 Edw. 4. Rot. Parl. N. 15. And at the closing of the Sessions, the King thanks the H. of Commons by the Mouth of the Bishop of Bath and Wells, [Page 222] his then Chancellour for this Resumption.

Anno 13. Edw. 4. There pass'd another Act of Resumption for that, either the former had been so ill executed, or that the Exceptions had been so many as to frustrate the good Intentions of the House of Commons.

What follows being join'd 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 Parlement begun and holden, &c.—Grete multitude of Assignments, as well by Letters Pa­tentes of the Kyng, Tailles, Deben­tours, and other Bills levyed and rerèd at the Receipte of his Exchequer or o­therwyse, as by Billes undre the Seale or Seals beyng in the same Receite or­deyned for Assignations to be made upon the Possessions of the Duchie of [Page 226] Lancastre, Wales, Duchie of Yorke, and Erldome of Marche, as well for the Kyngs Household and Wardrobe, and for his Werkes as for many and divers Somes of Money in tymes of divers Persones, late Tresorers of Englond, sith the first day of the Kyngs Reigne, dyversly have be made grete part of the which Assignations by Bill and o­therwyse inordenately, and without grounde of Duete, have be had and made as it is understond: It is there­fore ordeyned by thadvyse and Assent of the Lordes Spirituels and Temporels, and the Commons in the same Parle­lement, the seid sixt day of October, in the seid Thirteenth Yere assembled, and by Auctorite of the same, That before the Fifteeneth of Ester next now to come, open Proclamation be made within every Shire of the Reame, in every Markette-Towne within the same Shire, by the Shiref, or Shirefs of the same Shyre or Shyres for the tyme be­yng: And that every Shiref duely make the Proclamation in that partie, and the Writ thereof serve and retorne at the day of the Retorne of the same, upon the Payne to forfaite at every de­faute to the Kyng one hundred pounds: That every Person or Persones having [Page 227] eny Patente, Taille or Bille made, rered or assigned before the first day of De­cembre, in the Tenth Yere of his seid Reigne, for eny Some or Somes of Money conteyned or specefied in eny of the same appere before the Barons of the Kyngs Exchequer at Westminster, in his proper Persone, or by his Atour­ny or Servaunt, having suffisant Aucto­rite of hym afore the fifteeneth of Ester, which shall be in the Yere of our Lord, 1475, there to shewe and prove that the Somes of Money conteyned and specifyed in his or their Patent, Taille or Bille, was by, or upon eny true grounde or cause due by the Kyng at the tyme of the makyng, rearyng, or assignment of the seid Patent, Taille or Bille, made, reared or assigned to to the same Persone or Persones named in the same Patent, Taille or Bille for the Kyngs House, for the Kyngs Cham­bre, his Wardrobe, his Werks or Mo­ney to hym lent for the Victualler of of Calleys, or eny of theym, or for eny other Cause, that the same Barons up­on due prove by theyre Discretions had and made of eny Some and Somes in such Taille or Bille to be due by the Kyng; and at the tyme of the seid [Page 228] prove made not paid, have auctorite and power by this Acte, to certifye into the Receipte of the Kyngs Exche­quer of the Some and Somes so proved due, and of the Name or Names of the Persone or Persons to whom the seid Some or Somes so shall be proved to be due: And therupon by this Acte the Tresorer and Chamberleyns of the Kyngs Receipt for the tyme beyng, dy­vydyng severally the seid Debte into twenty partes by even Portions, with­out delay or denyer at the Kyngs pro­per Cost and Charge rere, there make and delivre twenty Tailles or Billes ac­cordyng, payable Yerely iche after other within twenty Yeres then next ensue­yng, to have and reteyne in such Place or Places, and under such Forme as the Treasorer of Englond for the tyme being▪ with the reasonable agreement of the seid Persone or Persones 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 seid Persones afore the seid Ba­rons, by reson of eny such Letters Pa­tentes that the seid Barons shall certi­fie such duetees as they shall fynde due by eny such Letters Patentes made un­der [Page 229] the Kyngs grete Seale, to the Chaunceller of Englond for the time be­yng: And such Duetees as shall be founde due to eny Persone before the seid Barons, by reson of eny of the Kyngs Letters Patentes made undre the Seal of his Duehie of Lancastre, to the Chaunceller of the same Duchie for the tyme beyng: And then that every of the seid Chauncellers for such Somes so to theym certified, do make at the Kyngs Cost and Charge to such Per­sones as such Duetees shall be fonnd due▪ to, Letters Patentes, to receyve, have, or reteyne such Somes of Money as shall be to theym certyfyed, and to be had, received or reteyned Yerely within twenty Yeres next ensueyng the date of the seid Letters Patentes rately as is aforeseid in such place or places, ground or grounds as the same Persones afore this Acte were assigned or lymytted: And that the seid Tailles, Billes, and Letters Patentes serverally to be rered and made be and stond good and effectuel in Law, and pre­ferred in payment before eny other payment by Patent, Taille or Bille, or eny other Assignment or Cause rered, made or had after the rering of the [Page 230] seid Tailles: And that all the seid Let­tres Patentes, Tailles, Billes, and every of theym not shewed afore the seid Fifteeneth before the seid Barons be voide, and the Kyng thereof acquite and discharged. And also that all Let­tres Patentes, Tailles, Bills, and every of theym shewed afore the seid Ba­rons, and before theym proved not to be made, reared or assigned upon true Grounde or Cause of Duetee in like­wyse to be voide, and the Kyng ther­of quyte and discharged for ever­more.

Then follow Sixteen Exceptions or Sa­vings as to private Interests, which the House of Commons make, and they are much of the same Nature as those in the other Acts.

Resp. ‘As touchyng this Bill of Re­sumption, and the other Acte above specified concernynge Assignations made by the Kynge, and the Fourme of Pay­mentes of his Dettes, and all thynges comprised in either of the seid Billes and Acte, and the other Matiers and Articules above specified, the Kyngs Highnesse hath well conceyved and un­derstond the same, and by thadvyse and assent of the Lordes Spirituells and [Page 231] Lordes Temporells, and the Comons beyng in this present Parlement, and by the Auctorite of the same theym hath accepted and agreed. So also that such Provisions and Exceptions as by his Highness be or shall be made and agreed, and duryng the tyme of this present Parlement in Writyng, to or upon the Premisses be good and effe­ctuel the seide Bille or Acte, or eny other the Premisses, notwithstondyng for the Equyte and Right wis reward that the Kyng intendeth to do to eve­ry of his Subgietts for his Merites, which shall be to the Pleaser of God, and Honour of his Highnesse, and the Weel of all the Lond and People.’

Then follow a great Number of Ex­ceptions brought in by the King, but they do not seem of that Nature, as if it were design'd they should defeat the Intentions of the House of Commons, as the Savin [...]s in the first Act of Resum­ption pass'd in this Reign plainly did: So that at last both King and People appear to be in Earnest in this Mat­ter.

But all the Acts of Resumption hi­therto pass'd were not thought suffici­ent; so that tho' we cannot find Richard [Page 232] the Third, who succeeded Edward, was any great Giver, yet the Parliament in the Reign of Hen. 7. who was Successor to Richard, believ'd another Resumption necessary.

Rot. Parl. 1 Hen. 7. p. 2. Anno 1. Hen. 7. ‘Prayen the Com­mons in this present Parliament assem­bled, That where the most noble and blessed Prince of most holy Memory, King Henry the 6th your Uncle, whom God rest, and other your noble Pro­genitours, have kept as worshipfull, noble and honorable Estate of their Household in this Lond of the Reve­nues thereof, as have done eny King or Prince in Englond christenned to the Ease and Rest of the People of the same, without agrudging or lack of Payment therfore, such as caused all o­ther Londs to have this your said Lond in as worshipfull Renown and as great Dread as any other Lond christenned, and for that the Revenu [...] of your said Lond to your Highnesse now belong­ing mowe not [...]uffice to keep and sust­eine your honourable Household nor your other ordinarie Charges which must be kept and born worshipfully and honorably as it accordeth to the Honour of your Estate and your said [Page 233] Realm, by which your Adversaries and Enemies shall fall into the dread wher­in heretofore they have byn. That it would please your Highnesse by thad­vyse and assent of the Lords Spirituall and Temporall in this present Parlia­ment assembled, and by Auctoritie of the same for the Conservation and Suporta­tion of your said Estate, which first to Gods Pleasure, secondarie for your own Suertie, Honour and Weal, and for the third to the universal Weal, Ease, Rest and Suertie of this Land the which you owe to preferre afore the Favour of any Persone or any Place or other Thing earthly; to take, seise, have, reteyne and resume into your Hands and Pos­session from the 21st Day of August last passed, all such Castles, Lordshipps, Honours, Manours, Londs, Tene­ments, Rents, Services, Feefermes, Knights Fees, Advowsons, Annuitees, Yefts of Offices to yeve at your Plea­sure Grantes of keeping Ideots, Faires, Markets, Hundred, Turnes, Views of Frankplegge, Leets, Yssues, Fines, A­merciaments, Libertees, Fraunchises, Prorogatives, Escheates, Custumes, Reversions, Remainders and all other Hereditaments with their Appurten­ances [Page 234] whatsoever they be in England, Wales, Ireland, of Caleys or the Merches thereof, as the said most christen and blessed Prince King Henry the 6th, your Unkle had of Estate of Enheri­tance, or any other to his Use had the 2d Day of October the 34th Year of his Reigne, or any tyme sith as par­cell or in the Right and Title of the Crown of England of the Duchie of Lancastre, the Duchie of Cornwall, the Principalitie of Wales, and the Earl­dome of Chester. Saving to every of your liege People such Right, Title and Interesse as they or any of them should have or might have had in, or of the Premisses or any Parcel thereof, other than by means of Lettres, Pa­tentes of any King of this your Realm, or by Act of Parliament made after the said 2d Day. And over this be it en­acted, ordeyned and stablished by the same Anctoritie that all Yefts, Graunts, Leases, Releases, Confirmations and Discharges of any Castels, Honours, Lordshipps, Manours, Lands, Tene­ments, Rents, Services, Reversions, Annuites, Feefermes, Offices, Liber­ties, Fraunchises or other Heredita­ments and all Appropriations, Corpo­rations, [Page 235] Collations, Assignments and Graunts of any Debt or Summes of mo­ny by Letters Patentes or Tailles as to any Payment only whereof the Days of Payment, have, or shall grow after the 21st Day of August last passed made by Richard the 3d, late in dede and not of right, King of Englond any tyme du­ring his usurped Reigne under his great Seale of the Countie Palatine of Chester, or by Tailles to any persone or Persons or Body corporate; and also all Yefts and Grauntes by Authoritie of Parli­ament or otherwyse, made by Edward the 4th late King of England, or by Ed­ward his Son late called King Edward the 5th to any persone or persones be fro the said 21st Day of August adnul­led, void and of no force ne effecte. And all Graunts made by the said Edward the 4th late King of, or touching the Earldome of Devonshire, or any Parcell thereof, be from the same 21st Day al­so void and of no Force ne Effecte. Then comes,’

A Saving for some special Grants made by Edward the 4th, and King Richard, as to Lands of the County Palatine of Lancaster, Chester, or of the Earldome of March. A Saving to Abbots, Abbes­ses, [Page 236] Priories in England or Wales, as to the Restitution of any of their Tempora­lities. A Saving for License to incor­porate or found any Chantery, &c. Then follows,

And over this be it inacted, ordey­ned and stablished by the sayd Auct­ority that all Graunts and Letters, Pa­tentes of any Office made by our sayd Sovereign Lord, afore the 20th Day of January the 1st Year of our Reign to any persone or persons be from▪ hence forth void ne of no effecte.

A Saving for the great Officers and Others, as to their Employments and Wages.

A Saving for the Patents of the Peers, and their Creation-Money. And to Corporations, &c.

Then follow Ten Exceptions or Sa­vings made by the House of Commons to the said Bill, and such of them▪ as are either general or particular, are much of the like Nature with the Savings 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 [Page 237] and Commons in this present Parlia­ment, and by thauctoritie of the same it accepted and agreed. So alway, 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 Premisses be good and effectual. The said Bill or Act, or any other the Premisses notwithstand­ing. For the Equitie and rightwise Reward that the King entendeth to doe to every of his Subgietts, for his Merits which shall be to the Pleasure of God, and Honour of his Highness, and the Weale 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 pass'd 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. [Page 238] 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, Mannors, 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 Mannor of Woodstock.

Ibid. N. 6. In the same Year an Act for making void divers Leases and Offices within the Principality of Wales, Dutchy of Cornwall, and Earldom of Chester.

Anno 6. Hen. 8. There pass'd ano­ther Act of Resumption, which related only to resuming needless Offices and Pensions.

[Page 242] 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 Dutchy of Lancaster, &c. sign'd with the King's own Hand. Then follow Savings for several great Officers, and for the Queen.

And then comes a Provision for Of­fices in the King's Lands, Castles and Mannors, &c. then follow some particu­lar Savings, 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 prov'd a Matter of great Labour) has thought it best to set down the very Words of all these Acts of Re­sumption, omitting the Savings, which in each Bill are very numerous; but to give the Reader Light into the Nature of these Exceptions, he did extract all the Savings that were brought into the first compleat Act, that pass'd up­on this Subject, which was 28 Hen. 6. [Page 243] And by those the Reader may judge of the Rest; for they which follow'd were much of the like Nature.

'Tis true, his Work will thereby seem tedious, but curious Persons may, perhaps, receive Satisfaction, to see the Sence of their Fore-fathers upon this Point. And we take it, that the Wis­dom and Gravity with which these Acts are penn'd, and the Exactness and Care which the House of Commons from time to time show'd in this whole Transaction, will prove no unpleasant peice of History.

He has done impartially, and taken notice of what may make against, as well as for his present Argument, that the Reader may have the whole be­fore him. And in this Transcript he has follow'd the best Copies of Records he could procure, such as have been sign'd and examin'd at the Tower, in which he believes there is no material Error, and that they are according to the Original Records, except in Ortho­graphy, or spelling Words, wherein all Transcribers of Records mistake and differ with one another: But as to the French Records, both in this and the following Section, the Author has ex­amin'd [Page 244] them all at the Tower by the Rolls.

As to what was done upon Resum­ptions before the Reign of Edward the Second, he has therein follow'd the best Ancient Writers of our English Hi­story, whose Authority may be rely'd upon, because most of such as he has cited, wrote of Things done near, or in their own Times.

But for their Ease, who do not care to read much, and to help the Memory of others, he will recapitulate in a few Words the several Resumptions; after­wards he will make some few Obser­vations upon the Whole, and examine what Effect these Acts of Resumption produc'd, as to enlarging the Crown-Revenue, and then conclude this long Section.

1 st, A Resumption was made by Wil­liam Rufus.

2 dly, A Resumption by Henry the First.

3 dly, A Resumption agreed to by King Stephen.

4 thly, A Resumption actually made by Henry the Second.

5 thly, A Resumption by Richard the First.

[Page 245] 6 thly, A Resumption by Edward the Second.

7 thly, Resumptions made by Richard the Second.

8 thly, Resumptions made by Henry the Fourth, particularly of the Lands belonging to Windsor-Castle.

9 thly, Three Resumptions made in the Reign of Henry the Sixth.

10 thly, Four Resumptions made in the Reign of Edward the Fourth.

11 thly, One general Act, and other particular Acts of Resumption in the Reign of Henry the Seventh.

12 thly, An Act of Resumption of [...]ivers Offices, Annuities, and other Things, in the Reign of Henry the Eighth.

Upon the whole Matter these Obser­vations may be made.

1 st, From the forecited Records, it appears, that the People of England have in no Age thought it reasonable, that the Crown-Revenue should be alie­nated.

2 dly, That not only under the Reigns of weak and unfortunate Princes, but when there has been upon the Throne martial and active Kings, [Page 246] this Nation has all along insisted upon Resumptions.

3 dly, It appears from the said Re­cords, that very few of the said Re­sumptions did look farther backward than the Reign of the present Prince.

4 thly, That the People have been most provoked, when the Crown-Lands have been given away to Foreigners.

5 thly, That the House of Commons in their Bills of Resumption made very few Savings, as to the Interests of Private Men.

6 thly, That it appears from the said Records, that very small Things were look'd into, and that in the Three R [...] ­sumptions made by Henry the Sixth, it does not appear there were Savings for any large Grant.

7 thly, That in some of their Bills the House of Commons insisted upon Penal­ties, to be inflicted upon such as should procure Grants of the Crown-Revenue.

8 thly, That by the Profusion of some Princes, the Crown-Revenue was re­duc'd from Fifty Six Thousand Nine Hundred Sixty Six Pounds, to Five Thousand Pounds per Annum.

9 thly, That Edward the Fourth invi­ted his Parliament, in his Speech from [Page 247] the Throne Anno 7. to make an Act of Resumption.

10 thly, That in the many Acts made to this Purpose, every following Act was penn'd with stricter Clauses, and to reach more than the former did.

11 thly, That the Act made the 28 H. 6. provides, that the Lands so resumed should be for the Expences of the King's Houshold.

12 thly, That some of these Resumpti­ons, as that of 3 and 4 of Edw. 4. extend­ed not only to the Crown-Revenue, but also to what was the King's own Patri­monially, namely, to his Dutchy of York, and Earldom of March. And that Anno 7▪ all was resumed, which belong'd to Ri­chard, Duke of York, the King's Father, the 30 th of December, Anno 39. Hen. 6. The [...]ame 13 Edw. 4.

13 thly, That in these Acts of Re­sumption, the Sallaries and Wages are taken away of all superfluous Offices, which requir'd no Attendance and Exe­cution, and which were newly erected.

14 thly, That some of these Acts esta­blish, that the Lands so resumed should continue in the Crown.

15 thly, That it will appear to any who will look into the volumenous Savings and Exceptions which were brought in [Page 248] by the King to the said Acts; that ma­ny of the Grants in those Ages made for Lands or Pensions, were only for Term of Life or Term of Years, and to return to the Crown.

16 thly, That in many of the Savings; as to the Interest of private Men, where there is something left, there is some­thing resumed.

17 thly, That most of these Acts not only resume the Crown-Lands, but re­voke all unnecessary Pensions.

18 thly, That the 33 Henry 6. re­sumes the Land pass'd away from the Crown, even by Authority of Parlia­ment.

19 thly, That in all these Acts, ex­cept 28 Henry 6. the Lands in Ireland are comprehended.

20 thly, As every subsequent Act was more strictly penn'd than that which went before, so the Exceptions and Sa­vings brought in by Edward the Fourth (Henry the Sixth were at last few and frugal) became every Time more mo­derate than the other; so that in the End, both Prince and Parliament agre­ed, that a Resumption was necessary, and would be greatly beneficial to the Kingdom.

[Page 249] But now as to the Effects which these Acts of Resumption produc'd; it appears manifestly, that they were put in Execution, and that the Savings and Exceptions were not such, as to defeat the Designs of the Parliament, which some People pretend to suggest; and 'tis likewise evident, that the Crown-Re­venue was thereby very much increa­sed.

For the Records plainly show, that the whole Income of the Crowne, An­nis 28 and 29. Hen. 6. was reduc'd to Five Thousand Pounds per Annum. Ed­ward the Fourth who succeeded, was an expensive Prince, Richard the Third his Brother a frugal Man indeed, but his Reign was too short to make any great Improvements in his Revenue; and yet we find Henry the Seventh his Successor, Master of more ready Money than ever any King of England was ei­ther before, or since his Time.

This Prince had not many Aids from his People, Answer to the Reasons for Fo­reign Wars▪ [...]. 51Sir 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 Fifteens, be­sides a Tenth and Fifteenth, which a­mounted to 120000 l. Three Subsides, [Page 250] of which the last came to but 36000 l. One Benevolence. And of the Clergy twice the Tenth, and 25000 l. by way▪ of Subsidy; and yet Cotton says (for which he cites a good Lib. Ac­quit. int. 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 pro­duc'd only Answer to the Reasons, &c. p. 52.120000 l. per Annum. Be­sides, Empson and Dudley, the Two Mi­nisters of his Extortions, did not com­mit their Rapines till towards the lat­ter End of his Reign.

From whence we may reasonably conclude, that the Principal Foundati­on of all this Wealth (join'd with his own Parsimony) must have been the Crown-Revenue, and that the former Acts of Resumption with that which was made in his own Reign (which [Page 251] no doubt this frugal Prince took Care to see put in Execution) had reduced it to it's former State and Conditi­on.

For had no more been left than 5000 l. per Annum, there would have been no matter for his Oeconomy to work up­on; so that we may very well infer, that the fore-mentioned Resumptions had reliev'd the King's Affairs, and brought the Crown-Revenue once more into a flourishing Condition.

But Henry the Eighth not only spent the immense Sum left him by his Fa­ther, but likewise a great Part of that Revenue which came to the Crown by seizing the Abby-Lands, which a­mounted to Hist. of the Re­form. Part 2. p. 268.131607 l. 6 s. 4 d. per Ann. However, he who considers the Hist­ory of those Times, and how much this Prince made himself the Arbiter of Europe, will find his Money was not so unprofitably spent as is vulgarly i­magin'd. Besides, Ibid. p. 269.great Sums were laid out on building and fortifying many Ports in the Channel, and other Parts of England, which were rais'd by the Sale of Abby-Lands.

But notwithstanding the expensive Temper of this Prince, he left his Suc­cessors very sufficient and substantial [Page 252] Landlords in England: For we found in Sir Robert Cotton's Library, in a Cleopa­tra, F. 6. Fol. 51.Book, part of which is of that learned Anti­quary's own Hand writing, and to which King James the First has set his Name, James R. which Book contains very many curious Things: That the Revenue of the 12th of Elizabeth, be­sides the Wards and Dutchy of 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 exchang'd 'em for other Lands (as a Multitude of Acts pass'd to that Pur­pose in his Reign Witness:) And it was a strong Security to the Protestant Religion and Interest, that those E­states should remain in the Hands and Possessions of private Persons.

A Resumption was thought on in the Reign of King James the First, of which the forementioned Tracts of Sir Robert Cotton are a sufficient Evi­dence: Besides, in the Annals of King Jam. p. 10.Annals of [Page 253] 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 Honor, Mannors, Lands, Tene­ments and Hereditaments, pass'd un­der several great Seals by the late King Charles, or the King's Majesty that now is, or any other great Seal, was this Day read the second Time, and upon the Question, committed, &c.’

And as a Mark that these Alienati­ons of the Crown-Revenue were al­ways distasteful to the People of Eng­land; and to show that the House of Commons desir'd, that a new Prince should betimes know the Nation's Sence in this Matter, we shall produce the following Resolves of that Parliament which restor'd King Charles.

Martis 4 Die Sept. 1660. ‘Resolv'd, That this House doth agree with the Committee, That a Bill be brought in for Settling the Lands of the Crown, so as that no Grant of the Inheritance shall be good in Law, nor any Lease for more than Three Lives, or One [Page 254] and Thirty Years, where a Third Part of the true yearly Value is reserv'd for a Rent, as it shall appear upon a Return of a Survey, which that Act is to take Order for, to be speedily had and taken, and that Mr. Sollicitor General, and Mr. Serjeant Glyn, do prepare and bring in a Bill accord­ingly.’

Resolv'd, That this House doth a­gree with the Committee, That the King's Majesty be humbly desir'd from this House to forbear to make any Leases of the Lands, or other Grants of the Revenue of the Crown, till the said last mention'd Act be pass'd.

And the Reason why these good Re­solutions took no Effect, is not at all dif­ficult to discover. 'Tis to be fear'd that too many (we mean without Doors) in those corrupt Times, not only were con­cern'd in the Grant already made, but likewise did design, as it prov'd after­wards, to get for themselves what re­main'd of the King's Lands.

And now for a full Answer to those who pretend Resumptions had never any Effect, we shall produce a State of the Crown-Revenue, as it lay before the House of Commons the same Year.

From which Accompt it appears, that notwithstanding the Profusion of Henry the Eighth, and the irregular Bounty of K. James the 1st. to his Scots; the Land-Revenue of the Crown, which Anno 28. Hen. 6. when the Parliament made the first formal and regular Resumption, was reduc'd to 5000 l. per Annum, came afterwards (with the Forest of Dean) to amount to 267598 l. per Annum.

[Page 256] 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 fore-mention'd Acts of Resumption did restore the Crown-Re­venue, consisting in Rents and Farms, to the State and Condition, wherein it was in the beginning of King Charles the Second's Reign.

And Lastly, For their Satisfaction, who pretend Resumptions are against the Fun­damentals of our English Law, we shall produce the Opinion of a Venerable and Learned Lawyer in this Point; '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 intituled, Sir John For­tescue's Treatise De Dominio Regali, and De Dominio Regali & Politico. But let the Author himself speak with his Old English Heart, as well as in his Old Eng­lish Words.

The first Regular Resumption ha­ving been made in the Reign of Henry the Sixth, it seems by this Paper, which contains the Scheme of a Resumption, that the Act for resuming Grants, &c. pass'd 28 Hen. 6. was modell'd by this able Lawyer, who was made Lord Chief Justice of the Common-Pleas 20 Hen. 6. and who we find to have been Chief Justice of the King's- Bench the Rot. Parl. 28 Hen. 6.28th Year of the same Reign.

At the End of the Manuscript, out of which this was transcribed, is this Note:

Explicit Liber compilatus & factus per Johannem Fortescue Militem quondam ca­pitalem Justitiarium Angliae, & hic Scrip­tus Manu propria mei Adriani Fortescue Militis, 1532.

Our Ancestors did not only take Care to help the Princes Affairs by Acts of Re­sumption, but they likewise reliev'd him [Page 263] when he had been over-reach'd or decei­v'd in Releases, or what we now call Pri­vy▪Seals; having an Eye that such as were Debtors or Accomptants to the King should not be discharg'd without making a fair and just Accompt; whereof we shall produce a President, with which we shall close this Section.

‘ Rot. Claus. 8 Edw. 2. M. 11. Rex Thesaurario & Baronibus suis de 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 [Page 272] 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.’

IN the foregoing Section we have taken Notice how careful the Com­mons of England have all along been, to assist by Acts of Resumption, such of their Kings as had been injur'd by im­moderate Bounty. We shall now go on to show how Parliaments have proceeded with the Instruments of their Profusion, and in what manner they have handled such Ministers of State as have either wink'd at, or promoted the Depredations that were made upon their Master's Re­venue; and especially with those who [...]n Breach of their Trust have ventur'd [...]o enrich themselves with Spoils so little [Page 274] warranted by the Constitution of this Kingdom.

The Records we have already cited sufficiently demonstrate that it was ever the Opinion and Sense of the People that the King should live upon his own, and that the Nation should not be burthen'd with unnecessary Taxes and Imposi­tions.

It appears likewise from the foresaid Records, that when the Crown has been impoverished by Gifts and Grants, new and extraordinary Courses of Raising Mony have become unavoidable.

It cannot be denied but that our King [...] have very anciently prescrib'd a Powe [...] of Alienating the Publick 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 Gover [...] ­ments founded upon the Principles [...] Liberty, the Publick Revenues we [...] esteem'd to belong as well to the Kin [...] ­dom as to the King. De Re­pub. l. 6. Bodinus says was held as a Maxim in France, Th [...] [Page 275] the Propriety of the Crown-Lands was not in the Prince; That 'twas esteem'd as a Fundamental in France, Spain, Po­land and Hungary, that the Crown-Lands were not alienable: Which Opinion has been confirm'd by Decrees of the Parlia­ment of Paris. King Charles the V. and VII. would not have the Crown-Lands engag'd but by Consent of Parliament. Vie de Charle­magne▪ Mezeray says, Le Domaine des Roys, & [...]eluy de l'Eglise, etoient inalienables. And that tho' their Kings were now and then constrain'd to make Grants, C'estoit a vie seulement, & a titre de Gratification; C'est pourquoy ils les nommoient des Bene­fices, mot qui n'est demeuré que dans l'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 ina­ [...]ienable; and that the Maxim is ground­ [...]d upon this wholesome Policy, That [...]e Wants of the Prince might not [...]ompel him either to overcharge his [...]hole People with Impositions, or to [...]ek for Wealth by confiscating the Ibids Lewis XII. [...]who was term'd the Father of his Country) would not mix his Revenues [...]nd Patrimony with what belong'd to [...]he Publick, erecting separate Offices [Page 276] 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 Demeas [...]e▪ Lands of the Crown.

We have taken Notice, in the second Section, of the difference the Roman Emperors made between the Fiscus, and the Aerarium, the first of which was the private Patrimony, and in the other the People had a Right.

Of this very Thing there are Footste [...] 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 [...] &c. provenientes. For this Branch of th [...] Revenue as we are inform'd, the Cha [...] ­cellor in old times did not accompt i [...] the Exchequer; it being look'd upon [...] the Princes private Patrimony, or [...] his Privy Purse, and so to be dispos'd [...] without any Accompt. It was forme [...] a Clause in most Grants,— Sine ali [...] [Page 277] Fine vel Feodo magno vel parvo nobis sol­vendo in Hannaperio. Which Fine went to the King's private Purse. Heretofore when much Land was in the Crown the Hamper yielded so considerable a Sum, as that it was thought fit to be in­cluded in all the Acts of Resumption; for large Pensions being begg'd out of it, the Parliament judg'd it their Duty to take care as well of what was reckon'd the Princes Peculium, or private Patri­mony, as of what belong'd jointly to him and the Publick, which was done in other Instances, as where they resumed Annis 3 & 4, 7 & 13, Edw. 4. his Fa­mily Inheritance of the Dutchy of York and Earldom of March.

But this difference, with many other good Forms of our old Government, is said aside. Spel. Glos. p. 278. Nulla pené jam nobiscum habita Pecuniae Publicae & privatae distin­ctione, cùm sit utráque; in solius 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 Mannors have actually pass'd in every Reign.

[Page 278] Nor would it have been convenient that the Princes Hands should have been absolutely bound up by any Law, or that what had once got into the Crown, should have been for ever separated from private Possession: For then, by For­feitures and Attaintures, he must have become Lord of the whole Soil in a long Course of Time; The Constitution therefore seems to have left him free in this Matter, but upon this tacit Trust, (as he has all his other Power) that he shall do nothing which may tend to the Destruction of his Subjects.

However, tho' he be thus trusted, 'tis only as Head of the Common-wealth; and the People of England have in no Age been wanting to put in their Claim to that in which they conceiv'd them­selves to have a remaining Interest, which Claims are the Acts of Resum­ption that from time to time have been made in Parliament, when such Gifts and Grants were made, as became bur­thensome and hurtful to the Publick.

Nor can any Government or State di­vest it self of the Means of its Preserva­tion: And if our Kings should have had an unlimitted Power of giving away their whole Revenue, and if no Autho­rity could have revoked such Gifts, every [Page 279] profuse Prince, of which we have had many in this Kingdom, would have ruin'd his Successor, and the People must have been destroy'd with new and re­peated Taxes, for by our Duty we are likewise to support the next Prince: So that if no Authority could look into this, a Nation must be utterly undone with­out any way of redressing it self; which is against the Nature and Essence of any free Establishment.

Our Constitution therefore seems to have been, that the King always might make Grants, and that those Grants, if pass'd according to the Forms prescribed by the Law, were valid and pleadable against not only him, but his Successors. However at the same time '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 judg'd to be for the Ease and Benefit of the major part.

But because in Acts of Resumption the Legislature exerts it self in an extraor­dinary manner, and because 'tis a Cor­dial of a very strong Operation, and for [Page 280] that such Acts must of Necessity break into private Contracts, Marriage-Set­tlements, Sales upon a valuable Consi­deration, and in many other Instances, the Law has fenc'd the King's Revenue with Restrictions and wholsome Con­stitutions, it has prescrib'd Forms by which Grants and Gifts should pass, it has erected several Checks, and trusted those Checks in the Hands of high Of­ficers of the Crown; And lastly, the Laws have call'd to Accompt, and se­veerly punish'd many Men of great Birth and Figure for breaking down these Fences; by all which our Ance­stors seem to have desir'd and design'd preventing Mischiefs in their Growth, and that Recourse should be had to ex­traordinary Remedies as seldom as pos­sible.

And First, That not only his com­mon Expences, but that also his Libe­ralities might be supply'd without di­minution of the Capital, innumerable Laws did provide that he might be nei­ther deceiv'd in his Receipts nor in his Payments, besides which the Introitus and Exitus of the Exchequer was origi­nally contriv'd with Check upon Check, and with all the Care and Art imagina­ble.

[Page 281] But all these good Methods were very early overthrown by the Negligence of some Princes, but more through the Corruption of their Ministers.

Henry the IV. who had depos'd his Predecessor, and who came in upon the Foot of Reformation, began to make Regulations, and restore some Order in the Revenues of the Crown.

In the first Year of his Reign the Commons complain'd of outragious Grants, and of great Sums of Mony re­leased to undeserving Persons, the King not perceiving the hurt done him at the time of the Grant. They pray that such Grants upon good Deliberation may be recall'd, and that from thenceforth he would make no Grant but with the Ad­vice of his Council. The King An­swers, He will be advis'd by the wise Men of his Council. And thereupon several good Regulations relating to the Passing of Grants are establish'd, but take the Record.

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 petition'd for, and that mention be made of what other Gift or Grant the Petitioner has had from the King or any of his Predeces­sors; and if all this be omitted, the Grant to be void.

4 Hen. 4. Rot. Parl. Num. 31. In the fourth Year of his Reign, He declares he will grant no Lands but to such who shall deserve them, as shall best seem to Him and Council; and if any make demand without desert, he shall be punished by the King and his Council, and not obtain his Suit.

[Page 283] 11 Hen. 4. Rot. Parl. Num. 23. In the eleventh of his Reign, it was enacted, That all manner of Heredita­ments which from thenceforward should fall into the Crown, should not be alien­ated but remain to the King.

Thus did this wise King, by keeping the Life-Blood of the Body-Politick within its proper Veins, add to it so vigorous a Health, that his Son was in a Condition to attempt and succeed in the Conquest of France.

And by his Resumptions, and by the good Order he had settled in his Re­venues, he enabled Henry the V. to go on in those great Undertakings, without laying any extraordinary Burthens up­on the People. Answers to the Reasons for Fo­reign Wars, p. 47.Sir Robert Cotton says, That during Henry V. Reign of nine Years, there was no Charge laid upon Land. Out of the Goods of the Com­mons, he received six times the tenth, and fifteenth entirely, and once two thirds only of staple Wares; A Subsi­dy once for four Years, and after for his Life: Three Shillings Tunnage, and 12 Pence Poundage for the like terms as the former Subsidies. And thrice he had the Tenth of his Clergy. All which was but very little, considering the great Actions he perform'd; but he himself was a wise Man, and his Fa­ther [Page 284] had left him an honest and able Set of Ministers.

But long before either of these Reigns, the King's Revenue was a particular Object of the Parliaments Care; And they endeavour'd to keep his Affairs within such a Compass, that the People might not be burthen'd with new Taxes; which they try'd to bring about by the following Methods.

1. By Regulating the Expences of the King's Court. Edw. 2. Ex. Ang. M. S. Fol. 29. Anno 3. Edw. 2. An Ordinance was made, Pro Hospitio Re­gis, in ease of the People. A l'honneur de Roy & a son profit, & au profit de son peuple, selon droit & resonel serment que le dist nostre Signeur le Roy fist a son Corone­ment. Rot. Parl. 36. Edw. 3. Anno 36. Edw. 3. The House­hold was regulated at the Petition of the People. Rot. Parl. 1▪ Rich. 2. Num. 19. Anno 1. Rich. 2. The Household was brought to such a Mo­deration of Expence as might be an­swerable to the Revenues of the Crown▪ Ex ordi­nat▪ in Rot. Act. Concil. An. 11 Hen. 4. mark'd R. R. Anno 11. Hen. 4. The Expences of the King's Household were moderated; the Reason the Commons gave for it, was, Qe vous poiez vivre le vos biens propres en eese de vostre Peuple.

[Page 285] 2. By desiring the King to employ wise and able Men in his Affairs, as was done, Rot. Parl. 6 Rich. 2. Part 2. Num. 16. Anno 6. Rich. 2. And by desiring the King to make use of such Persons as were renown'd for Virtue, as was done, Rot. Parl▪ 5 Hen. 4▪ Num. 19. Anno 5. Hen. 4. And by appointing certain Persons by Name to be of the Privy Council at the King's own desire, as was done, Rot. Parl. 7 & 8. Hen. 4. Num. 31.7 & 8. Hen. 4. for which the principal Reason gi­ven in the Record, is, the Improve­ment of the King's Revenue. Premiere­ment pur la Conservation des Droits de no­stre Seignour le Roy, & de sa Carone, & qe le Revenu dycell soient mieulx Coillez a son Profit & encrescez a tant come home poet justement le faire, a fyn qil poet le mi­eulx son honorable▪ Estat sustinir. And Note, that just before the Passing this Act, there pass'd an Rot. ib. Num. 29.Act to Banish Foreigners.

3. By procuring the Banishment of Great Men, and particularly Foreigners, by whom the Mony of the Nation was consumed. Thus the Weight of the People prevail'd upon Hen. 2. ex Gervas Dorobern. Henry II. to ba­nish William de Ipre Earl of Kent a Ne­therlander, and all his Countrymen, when they were become a Burthen to the State. They prevail'd likewise upon Rich. 2. ex Rich. Canonico▪ in Vit. Rich. 1. Richard I. to send away Otho Earl of York, tho' he [Page 286] was his own Nephew, with all his Ba­varians. And he took from Otho the Earldom of York, because it offended the People that a Foreigner should enjoy so high a Title; and in exchange he gave him the Title of Poictife. Hen. 3. Ex lib. St. Alba & Will. Ri­shang. & lit. Baron Papae Henry III. (as we have noted before) was compell'd to Banish his half Brothers, the Earl of Pembroke and the Bishop of Winchester, who had more than any others help'd to impoverish that profuse Prince. At the same time all the Poictovins were ba­nish'd. Edward II. was necessitated to send away Pierce Gaveston, and others, as appears by his Ordinance. Ex Ordi­nat. 3 Edw. 2. in lib. Legum Manuscr. [...]ol. 285. ‘Qe tout le Lignage sire Pieres Gaveston soit entire­ment ouste de estre entoins le Roy & de son Service, Item Burgois de Til soit ouste & son Fias qe est Mereschal d l'escheqer; Item qe Bertram Assabi & son Frere & ceux de Gascoigne, & Aimerick de Friscomband soint oustre & ses terres prises en le main le Roy.’ In the 11th of Rot. Parl. 11 Ri. 2. Part 1. Num. 28. Richard II. an Act of Parliament pass'd to banish the Bohemians who were Hangers on upon the Court, and help'd to undo that un­fortunate King. In the 5th of Rot. Parl. 5 Hen. 4. from Num. 26. to Num. 31. exclus. Hen. IV. All Foreigners, except some few about the Persons of the Queen and Princes, are banish'd the Court, and the Reason given for it is that they were a Burthen [Page 287] and Charge upon the King. ‘Et qe le Houstiell de nostre dit Seignour le Roy ne feusse chargez ovesqe tielx estrangers. Mais qe ycell Houstiell purroit estre mis en bone & moderate Governance dont les Coustages pur­roint estre supportez des Revenues del Roi­alme ovesqes autres charges necessaires.’

4. By appointing Commissioners to inspect the Publick Accompts, as was done in the Case of Furnival and Master John Pelham. These two Gentlemen, at the Parliament held at Coventry, had been made by the House of Commons particular Treasurers for certain Aids then granted towards carrying on the War. In the 7th and 8th of Henry IV. They pray to have leave to quit their Employments (a Modesty and Self-De­nyal not very common in this Age) and that their Accompts might be pass'd, upon which the House of Commons di­rected Persons to audit and state the said Accompts. The Record is very curious, we shall therefore give it in Words at length, Rot. Parl. 7 & 8 Hen. 4. Nu. 44. ‘Item mesme le Jour, le dit Mr. John [Tibetot then Speaker] monstra de par les ditz Communes coment, au Parlement nad­gaires tenuz a Coventre, Thomas sire de Furnival & Mr. John Pelham furent as­signez Tresorers pur les Guerres Come pierd de Record en Rolle de Parlement, puis qel [Page 288] Temps les ditz Tresorers ont desirez, & molt diligeamment purs [...]is as diverses foits a nostre Seigneur le Roy, & as toutes les Estates de ceste present Parlement, de estre deschargez de lour dit Office, & auxint ont suppliez as dits Communes, qe leur pleust de faire instance & request pur mesme les Tre­sorers, a mesme nostre Seigneur le Roy, & as touts les Estates suisdits, pur eux finale­ment & outrement deschargier de lour dit Office. Sur quoy pria le dit Mr. John Tibe­tot en nom des dits Comunez a mesme nostre Seigneur le Roy, qe les dits Tresorers soient outrement & finalement deschargiez de lour dit Office. Et qe leurs Heirs Executours ne Terre Tenants ne soient aucunement en temps avenir grievez molestez enquietez ou pur le exercice de ycelle, & qe cestes prier & reqest soient endrez de Record en Rolle de Parlement.’

Furnivale and Sir John Pelham (for so he is call'd afterwards) were, as the Rot. ibid▪ Num. 63.Record says, Ordeignez Tresoreres de les Guer­res, or what we call Paymasters of the Army, and press'd the Parliament to take their Accompts: An Example which we hope all their Successors in that Em­ployment will desire to follow. The Powers likewise which the Parliament gave to these Commissioners are fit to be observ'd. ‘Qe pleise a vostre tres gracieuse Seignourie, de ordeigner qe les dits Audi­tours ensi nomez, soint Auditours de Re­cord, eiants plein poair & authoritie du Par­lement de Oier & Terminer le dit Accompte▪ & de faire Allowance as avant dits Treso­rers; si bien de les Paiments & delivrances par eux faits, per vertue & authorite des [Page 290] vos Lettres & Mandements dessous vostre Seale a eux directs, pur les causes suisdits, & sur les Dependantz dycelle, Come de les Paiments & Delivrances per mesmes le [...] Tresorers, per Authorite de lour dit Office faits pur semblable Causes & les Dependants dycelle.’

That is, Power was given not only to inspect but finally to conclude the said Accompt. To which the King assented And it seems our Ancestors thought such a Commission necessary to hinder the Publick Mony from being embe [...] ­zel'd.

5. Parliaments have preserv'd the King's Revenue by inquiring into the Cause why some Branches yielded no­thing, as in Edw. 3d's. Reign it was ask'd, Why Ireland was rather a Burthe [...] than a Profit to the Crown? The Com­mons desiring if the Fault lay in the Mi­nisters, that they may be remov'd. Rot. Parl. 21 Edw. 3. Num. 41. ‘Item pleise a nostre Seignour le Roy fair [...] enqerer per bons Gents la Cause purqoi il [...] prent profit de ce qil ad in Irland come to [...] ses Ancestres avoint Aide de luy & de l [...] Comune pur meyntenir sa guerre depuis qi [...] ad plus en Irland qe uulle de ses Ancestres navoint, & si defaute soit trove en ses Mi­nistres laundreit qe autrez y soient ordeig­nez en lour lieu, tieux qi voudreut respondr [...] [Page 291] a [...] Roy du Profit qil averoit dilloqes de reson. Resp. Il plest a nostre Seignour le Roy qe ensi soit.’

These were some of the Methods by which the House of Commons endea­vour'd to preserve the Crown-Revenue from the greedy Hands of those who were always desiring therewith to inrich themselves. But the Kings greatest Safe­ty lay in the very Constitution of the Exchequer, which if bad Ministers had not broken into, our former Princes could not have been robb'd so much to the Impoverishment of the People.

The Constitution of the Exchequer; we may rather call it the Constitution of the Kingdom, has contriv'd to put a great many Letts and Obstructions in the way of designing Favourites and rapa­cious Followers of the Court, and that no Grant should pass from the King but upon strict Inquiry and after mature De­liberation.

In order to which the State thought it necessary to be at the Expence of seve­ral Great Officers, who should be as so many Centinels continually watching that the King may not be surprized nor defrauded.

Regularly and according to the Laws of the Land, Grants from the [Page 292] Crown ought to make the following Steps.

The Petition is first made to the King, in which (as we have noted before) the Petitioner ought to incert the true and express Value of the Thing demand­ed.

The King refers this Petition to the Treasurer of the Exchequer, now call'd Lord High Treasurer of England, whose first Step is to have a Particular of the Thing petition'd for from the Auditor, if it lies before him, or from the King's Remembrancer, if it lies before him: This Care is taken that the State may not be deceiv'd in the value of the Thing.

The Petition is first referr'd to this High Officer because the Law presumes that the whole State and Condition of the Revenue lies before him, that he knows what Debts and Engagements the King has upon him, and whither the Expences of his Wars, and the other necessary Charges of his Government, are not such, as for the Peoples Ease, and by the Rules of Justice ought for the present to restrain his Bounty. If the Thing to be granted be of great Value, if it cannot be given away without great Damage to the Crown, if by reason of such Gift [Page 293] he is hindred from paying his just Debts, or from having wherewithal to defray the Charges of the Government, or to provide for the Kingdoms Defence; or if by this and other Gifts he must be driven through the failing of his own Revenue, to lay heavy Burthens upon the People; '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 Soveraign Lord, and his People in the Office of Trea­surer; and ye shall do right to all manner of People, Poor and Rich, of such Things as toucheth your Office; And that King's Treasure truly ye shall keep and dispend; And truly ye shall counsail the King, and his Coun­sel ye shall layn, and keep; And that ye shall neither know nor suffer the King's Hurt, nor his dis-heriting, nor that the Rights of his Crown be di­stressed by any means, as far forth as ye may let; And if ye may not let it, ye shall make knowledge thereof clear­ly and expressly, to the King, with your true Advice, and Counsel: And [Page 294] ye shall do, and purchase the King's Profit in all that ye may reasonably do, as God you help, and the Holy Evangelists.’ It was hardly possible to devise a more binding Oath. And the Words Ye shall well, and truly, serve the King our Soveraign Lord, and his People in the Office of Treasurer, are an Evidence that our Forefathers took themselves to have some kind of Interest in what was call'd the Crown-Revenue.

If the Grant meets with no Objection at the Treasury, the King signs a War­rant directed to the Attorny or Sollicitor-General, who is another Great Officer, impowering him to prepare a Bill con­taining such a Grant. And if the Grant be of Mony appropriated by Act of Par­liament, or of Lands annex'd to the Crown by Act of Parliament, or if the Grant be any ways illegal or prejudicial to the Crown, it is the Attorny or Solli­citor-General's Duty to advertise there­of.

After Mr. Attorny has pass'd it, it goes to the Signet, the Custody whereof is in the Secretary of State, who being a Minister in high Office is presum'd by the Laws to be watchful for the King's Good, and to inquire into all Matters re­lating to the Weal Publick. He is pre­sum'd [Page 295] to be apris'd of the Persons Me­rits to whom the Grant is to be made, and likewise to understand either the Affluence or Want in the King's Coffers, and the general Condition of his Re­venue. And having an Allowance for Intelligence, he is presum'd to know the Discourses and Opinions of the People, and how such Grants are relish'd: If therefore the Person suing out the Grant has no Merit at all, or at least no sort of pretention to so great a Reward, or if he knows the Publick to be press'd with Wants and Debts; or if he hears that the People murmur at the Taxes which Profusion introduces, and Clamour to see the Nations Mony wasted, by his Duty, as Privy Councellor, and by his Oath he is bound faithfully and plainly thereof to inform the King.

From the Signet it should go to the Privy Seal, who is likewise another Great Officer; who being near the Per­son of the King, is presum'd to know the Condition of the Kingdom; and therefore the Law has made him another Check. He takes this Oath: ‘Ye shall as far forth as your Cunning and [...] ­cretion sufficeth, truly, justly and evenly execute and exercise the Of­fice of Keeper of the King's Privy Seal, [Page 296] to you by his Highness committed, not leaving or eschewing, so to do for Affection, Love, Meed, Doubt, or Dread of any Person or Persons, &c.’ So that if the Lord Privy Seal, finds that through Corruption in other Offices, or that by Power, Importunity, or partial▪ Favour, a Grant, tending greatly to the Publick Damage, and to the Diminu­tion of his Prince's Revenue, has pass'd so far as to his Office, he ought to stop it there, and is bound in Duty, and by his Oath, to lay the whole Matter be­fore the King.

From the Privy Seal it goes to the Great Seal, in the Custody of the Lord Keeper, or Lord Chancellor of England, who is accompted the Kingdom's, as well as the King's Officer, and there the Grant is compleated; upon which score, in the Eye of the Law, this Great Mi­nister is most look'd upon; his Oath is the same with that of the Lord Trea­surer. He swears, ‘"Well and truly to serve the King and his People in the Office of Chancellor, truly to Counsel the King, not to suffer his Hurt or Dis-heriting, nor that the Rights of the Crown be distress'd, by any Means, as far forth as he may let; And if he may not let it, [Page 297] he is to make it clearly and expresly known to the King, with true Ad­vice and Counsel; And, in all that he may, he is to do, and purchase the King's Profit."’ So that more than any other, as the highest Officer, and as the last Check, the Laws presume him to consult for the King's good. Therefore if the Grant be exorbitant, if it be made to an undeserving Person, if it notoriously surpasses the Merits of the Suitor, if it was obtain'd upon wrong Suggestions, if it occasions Ob­loquy to the Government, or Discon­tent among the People, if the King's Debts are many and clamorous, if the Nation labours, at the same time as the Gift is made, under heavy Taxes; and if the Grant tends greatly to the Hurt and Impoverishment of the Crown (with all which Matters the Law pre­sumes so great a Minister in the State to be acquainted) he is bound in Duty and by his Oath not to fix the Great Seal to the said Grant, but thereupon faithful­ly and impartially to advise the King: And Chancellors who have acted other­wise, and who, contrary to the Trust of their Office, have ventur'd to pass outra­gious Gifts, Douns Outrageuses, as the Re­cords call 'em, whereby the Crown has [Page 298] been impoverish'd, have been heretofore, as we shall show by and by, question'd, impeach'd and attainted in Parliament.

These were the ancient Steps in Pas­sing Grants from the Crown, which were afterwards inforc'd by a positive Anno 27 Hen. 8. Cap. 11.Law in the Reign of Henry the Eighth, a Prince jealous enough of the Regal Authority. '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 pass'd accordingly. And be it also ordained and enacted, That one of the Clerks of the said Signet, to whom any of the said Writings signed with the King's most gracious Hand, or the Hand of any other a­foresaid, [Page 299] or any of them, fortune to be deliver'd, may and shall by War­rant of the same Bills, and every of them within the space of eight days next after he shall have receiv'd the same, unless he have Knowledge by the said Secretary, or otherwise, of the King's Pleasure to the contrary, make, or cause to be made in the King's Name, Letters of Warrant, subscrib'd with the Hand of the same Clerk, and sealed with the King's Signet, to the Lord Keeper of the King's Privy Seal, for further Pro­cess to be had in that behalf: And that one of the King's Clerks of the said Privy Seal, upon due Examina­tion had by the said Lord Keeper of the said Privy Seal, of the said War­rant to him addressed from the Office of the said Signet as afore, may and shall within the space of eight days next, after he shall have receiv'd the same, unless the Lord Keeper of the Privy Seal do give them Command­ment to the contrary, make or cause to be made, by Warrant of the fore­said Warrant to the said Lord Keeper of the Privy Seal, Address from the Office of the Signet afore­said, other Letters of like Warranty, [Page 300] subscribed with the Name of the same Clerk of the Privy Seal, to the Lord Chancellor of England, Lord Keeper of the Great Seal, Chancel­lor of the Dutchy of Lancaster, Chan­cellor of the King's Land of Ireland, Treasurer and Chamberlains of the Exchequer, and Chamberlains of any of his Counties Palatines, or Princi­pality of Wales, or other Officer, and to every of them, for the writing and ensealing with such Seals as re­main in their Custody of Letters Pa­tent or Closed, or other Process mak­ing, due and requisite to be had or made upon any the said Grants, ac­cording to the Tenor of the War­rant to them or any of them directed from the Officer of the Privy Seal, as is afore specified.’

These Cautions show how carefully our Constitution has provided that no­thing shall be done which may turn in Despendium Regis aut Regni.

But here some flattering Lawyers will affirm, That these Methods are Dire­ctive not Coerceive: Or, as Hobart says, Hobart's Reports, Colt and Glover, P. 146. ‘"That these kind of Statutes were made to put Things in ordinary Form, and to ease the Sovereign of of Labour, but not to deprive him of [Page 301] Power;"’ according to this Maxim of the same Judge, That Lord Sheffeild, ver. Rat­cliffe, p. 335. Dare Prero­gativam est nobile Officium Judicis & De­bitum. And truly, heretofore Westmin­ster-hall did so order it, that these Fences, intended to keep the Publick Revenues from the Hands of Spoilers, were all broken down, and that all these Statutes were evaded.

For the Force of all these wholsome Laws was enervated by Clauses after­wards incerted into the Letters Patents, viz. Ex certa Scienta, mero motu, & Gra­tia speciali. Ex certa Scientia was very antiently made use of, but the words became more necessary afterwards to de­feat the 1st of Henry IV. where 'tis ena­cted, Rot. Parl. 1 Hen. 4. Num. 98. ‘"That the true and express Va­lue of the thing to be granted, shall be incerted in the Letters Patents, other­wise the Grant to be void."’ So that these words suppose the King to have certain knowledge in every Circum­stance of the thing he is to give away, which happens very rarely to be the Case. But notwithstanding these words, if certain Proof can be made that the King was misinform'd by false Sugge­stion, no Lawyer will say the Grant is good. Ex mero motu, imports the Ho­nor and Bounty of the King, who Re­wards [Page 302] the Patentee for Merit without his Suit. These words suppose the King to be truly appris'd of the Person's Me­rit, and were brought in to obviate the 4th of Henry IV. whereby it was ena­cted, Rot. Parl. 4 Hen. 4. ‘"That no Lands should be given, but to such as deserv'd them; and if any made Demands without Desert, that he should be punish'd."’ And to the same purpose were added the words Ex Gra­tia speciali; yet more to denote that the Gift proceeded meerly from the King's Favour, and not at the Party's Sollici­tation.

But besides all this, because anciently it seem'd a Fundamental, that the Crown-Lands were not alienable, and because all along Parliaments had com­plain'd of these Alienations, as looking upon 'em to be illegal, the Lawyers of old Times endeavour'd to secure and cover all by a Clause of Non Obstante to be incerted in the Patents.

These Clauses of Non Obstante were not known in our original Constitution. Mathew Paris says they grew rife in the Reign of Henry III. Anno Dom. 1250. Mat. Pa­ris, p. 810.Sprsim (que) jam tales Literae, in quibus in­serta est haec detestabilis adjectio: Non Ob­stante Priore Mandato, vel haec, Non Obstante Antiqua Libertate Suscitaban­tur: [Page 303] Then he goes on, Quod cum com­perisset, quidam vir discretus tunc Justi­tiarius, scilicet Rogerus de Thurkeby, ab alto ducens suspiria, de praedictae adje­ctionis appositione, dixit Heu, heu, hos ut quid dies expectavimus? Ecce jam civilis Curia exemplo ecclesiasticae Coinquinatur, & a Sulphureo fonte intoxicatur.

But this Clause grew more necessary after the 11th of Henry IV. when it was plainly and directly enacted, ‘" Rot Parl. 11 Hen. 4. Num. 23. That all manner of Heriditaments which from thenceforward should fall into the Crown, should not be alienated, but remain to the King."’ And this last Law being positive, unrepeal'd (as we know of) and still in force as much as Magna Charta, and the Doctrin of Non Obstantes seeming to be condemn'd by The Ast declaring the Rights and Liberties of the Subject, in these Words, ‘"That the pretended Power of Suspending of Laws, or the Execution of Laws by Regal Authority, without Consent of Parliament is Illegal. That the pretended Power of dispensing with Laws, or the Execution of Laws by Regal Authority, as it hath been as­sum'd and exercis'd of late is Illegal."’ There will arise a Question how far the Grants made, since the passing this Act [Page 304] 1 Gul. & Mar. are valid by the Laws; as they stand at present.

For we may argue thus, It was en­acted 11 Hen. IV. That the Crown-Lands should not be granted away▪ However the Practice was otherwise, and the Grants were supported by Clauses of Non Obstante: But these Non Obstantes▪ or the dispensing with Laws in force, being declar'd Illegal, it should follow, that the Grants of Crown-Land made for these last ten Years are void in Law, and revokable at the King's Will and Pleasure. But 'tis left to the Gentlemen of the Long Robe to determin in this Point.

However tho' this Doctrin of Non Obstantes (invented perhaps first to enlarge the Prerogative for the People's benefit, and made use of afterwards to extend it to the King and People's Damage) may have heretofore receiv'd Countenance in Westrninster-hall, there is another Place where in no Age it has met with Fa­vour.

And the Reasons why so many Re­sumptions have been made, might be, First, That it gave Offence to the Legi­slative Authority to see the Ministers make use of this dispensing Power. Se­condly, That it appear'd the Suggesti­ons [Page 305] were wrong upon which the Grants were grounded: That is, that the Sove­raign did not proceed Ex certa Scientia, namely, that he was surpris'd and mis­inform'd in the value of the Thing gi­ven. That he did not proceed Ex mero motu, but that the Gift was wrested from him by his importunate and unde­serving Courtiers. That he did not pro­ceed Ex Speciali Gratia; but was rather induc'd to bestow the Favour, through the necessity of his Affairs, to quiet some great Man, or to please some powerful Party. And in all probability upon such, or the like Accompts, Parliaments have look'd into Grants, and the best Princes have not thought it dishonora­ble to join in Revoking what had been thus Extorted from them.

And as to the distinction which the Lawyers make between Directive and Coercive: Admit the Forms by which the Law has directed all Grants shall pass, should be only Directive to the So­veraign, and devised for his greater Ease and Safety, yet without doubt they are Coercive to his Ministers. No 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 [Page 306] 27 Hen. VIII. which Chalks out to the Secretary, Lord Privy Seal, and Lord Chancellor, the regular Steps they are to make in passing Grants, would be of no sort of signification, if they may pass per Saltum, and by immediate Warrant, without being enter'd in the several Offices.

When Parliaments advise the Prince, '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 intend, Advice so solemnly given, should be fol­low'd.

Hitherto we have mention'd the Cau­tions, Provisions, Restrictions and Forms, which our Ancestors establish'd, and made use of, to preserve the King's Re­venue, by which the Publick was to be supported. But notwithstanding all this, the Wickedness of Men was either too Cunning, or too Powerful for the Wisdom of the Laws in being.

And from time to time Great Men, Ministers, Minions, and Favourites, have broken down the Fences contriv'd and settled in our Constitution; they [Page 307] have made a Prey of the Common­wealth, plum'd the Prince, and con­verted to their own Use, what was in­tended for the Service and Preservation of the State.

We shall therefore proceed to show, That to obviate this Mischief, the Le­gislative Authority has all along inter­pos'd with Inquiries, Accusations and Impeachments, till at last such dange­rous Heads were reach'd.

For as Courts have been watchful to Rob the Prince, so antiently the Barons, and afterwards Parliaments, from time to time have been as vigilant to prevent his Ruin, showing, in the progress of their Councils, great Wisdom mixt with Duty, and Temper join'd with Cou­rage.

The first Great Person whom we find question'd since the Norman Government, was Ranulphus Bishop of Durham, who bore the Office, of what we now call * Dugdale Series Chronica, p. 1.Lord Treasurer of England, in the time of William Rufus. This Man had been the Principal Instrument of the Profusi­on, and of what is its Consequence, those Extortions that disgrac'd the Reign of Rufus: Of whose times William of Malmsbury speaking says, None were then Rich but such as dealt with the Ex­chequer, [Page 308] Will. Malms. p. 123. Nullus Dives, uisi Nummula­rius. This wicked Minister was brought to Punishment by Henry I. who cast him into Prison, and loaded him with Chains. Matthew Paris says, Mat. Pa­ris, p. 56. De Com­muni Consilio Gentis Anglorum posuit eum Rex in vinculis. Malmsbury gives him this Character, Wil. Malms. p. 123.Radulphus Clericus ex infimo genere hominum, Lingua & Assidui­tate provectus ad summum; Expilator Di­vitum, Exterminator Pauperum, Confisca­tor alienarum Hereditatum. Invictus Cau­ssidicus, & cum verbis, tum rebus immodi­cus, nec aliorum curaret odium dummodo complaceret Dominum. It seems he was a little insolent Fellow, who by his flu­ent Tongue and cringing at Court, had got Power enough to do much hurt in England: A mischievous Tool against the Publick, as well as an Oppressor of private Men; Subtle to invent Wicked­ness, and Bold to put it in Execution, and one who would stick at nothing to raise himself. Matthew Paris speaking of him says he was, Mat. Pa­ris, p. 56. Homo perversus, & ad omne Scelus paratus, quem Rex con­stituerat Procuratorem suum in Regno ut evelleret, destraeret, raperet & disperderet, & omnia omnium bona ad Fifci Commodum comportaret. We have thus painted out this Statesman in the Colours as he is [Page 309] represented by those two Venerable Wri­ters. And he so much resembles seve­ral bad Ministers, who, in the Ages since, have succeeded both to his Post and Power, that one would think they had chosen to take him for their Pattern.

In the 5 of Edward II. Pieres de Ga­veston was accused in Parliament for ha­ving given the King ill Council, and for having cheated the King of his Treasure, and sent it beyond Sea, and for having Estranged the King's Heart from his People, so as he slighted their Councils, and for having remov'd all faithful Mi­nisters, and plac'd only his own Crea­tures, or Foreigners about the King, and for having caus'd the King to grant Lands, Tenements and Offices to him­self and his Heirs, and to divers other People, (insomuch that by his Wealth he was become dangerous) to the great damage and injury of the King and his Crown. For which he was Banish'd the Realm, so as if he return'd he should be treated as an Enemy to the King, Kingdom and People. But take the Words of the Record because 'tis very curious.

Rot. Ord. 5. Edw. 2. Num. 20. Purceo qe conue chose est, & per le exa­minement de Prelatz Countes & Barouns, Chivalers & autres bones Gentz du Roialme [Page 310] trovez, qe Pieres de Gaveston, ad Mal­meuez & mal Conseillez nostre Seignour le Roy, & lad enticee a malfaire en divers Ma­nieres & deceivances en accoillant a lui toute le Tresor le Roi, & lad esloigne hors du Roialme, en attreant a lui royal Poer, & royal Dignite, come en aliaunce faire de Gentz, par sermentz, de vivre & morir ovesqe lui encountre touts Gentz, & ceo par le Tresor qe il purchace de jour en jour, en­seignurant surlestate le Roy & de la Corone, en destruction du Roi, & du Peuple, & es­pecialment enloignant le cuer le Seignour de ces liges Gentz en despisant lours Counseils, nient soeffrant bons Ministers faire ley de Terre, en ostant les bons Ministers, mettant ceux de sa Covine ausi biens Aliens, come autres qi a sa volunt & a son commandment, offendent droit et ley de Terre, en parnant Terres, Tenements et Baillies du Roi, a lui et a ses Heires. Et ad fait, qe le Roi ad done Terres & Tenements de sa Corone as divers Gentz, a grand damage et decrese de l Estate le Roi et de sa Corone. Et ceo ausi bien puis l ordeinement, qe le Roi granta as Ordeinours de faire au profit de li et de son People, come devant, encountre l ordeine­ment des Ordeinours. Et maintient Rob­beours Homicides et les fait avoir le chartre le Roi de Peez, en donant hardement a mes­feseurs de pis faire, et menant le Roi en Terre [Page 311] de Guerre, sauz commun assent de son Bar­nage, en peril de son Corps, et en destruction du Roialme. Et en fesant sealer blanches Chartres desoutz le Grand Seal le Roi, en deceit et desheritance du Roy et de sa Corone, et encontre son Homage, et felonesement faux­ment et treterousment ad fait les choses sus­dites a grand dishonour et damage du Roi, et desheritison de la Corone, et a destruction du People in moults maners. Et ovesqe ceo nous eantz regard a lez faits le tresnable Roi Pere le Roi qore est, par qi Agard, lavant dit Pieres forsjura le Roialme d Engleterre, et voleit qe nostre Seignour le Roi son Fitz forjurast a touz jours la Campaigne de lui, et qi puis, par comun assent de tout le Roialme, et du Roi, et de lui mesmes, les Prelatz Counts et Barouns autrefoitz estoit agardez de meis­me le Roialme voider et voida, et qe son re­torner nestoit unqes par comun assent, mes so­lement par assent des ascuns persons qi, souz Condition, si bien se portast apres son retour­ner, a ce se assentirent. Et ore certaine­ment est troves son mal port, pur 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 maniers, de discordes et perils es­chuire. Nous ordeinous, par vertue de la Commission nostre Seignour le Roi a nous [Page 312] grantee, qe Pieres de Gaveston, come a­piert Enemy le Roy, et de son People, soit de tout exiles, auxi bien hors de Roialme d Engleterre, d Escoce, d Irland, et de Galles, come de [...]o [...]e la Seignourie nostre Seignour le Roy, auxi bien dela la mere, come de cea a touz jourz, sans james returner, et qil voide le Roailme d Engleterre, et totes les Terres susdites, et tout outriment la Seignou­rie nostre Seignour le Roi, entre ci et la Fest de toutz Seintz prochein avenir. Et luy donons Port a Dover, en la forme susdite et nuelle parte aillours a passer et a voider: Et si le dit Pieres demoerge en le Roialme d Engleterre ou uuelle parte aillours en la Seig­nourie nostre Seignour le Roi outre la dit jour qe done luy est de voider et de passer come est susdite, Adunqe soit fait de luy come del Enemy du Roi et du Roialme et de son People; Et qe touz ceux qi desormes voant encontre cest ordeinement en droit du dit Ex­ile ove le peine qe sensuit, soit fait de eux solone ceo qe y appent si de ceo soint at­teintz.

Pieres Gaveston at first was a Man only in the King's Pleasures; but as weak Princes often remove Men from their Pleasures into their Business, so Gaveston became presently a Minister of State: For the Records show that he was Guar­dian and Lieutenant of the Kingdom in [Page 313] the King's Absence with very im­moderate Powers, and afterwards he was constituted Pat. 1. Ed. 2. m. 3.Lieutenant of Ire­land; but the extravagant Honours and Favours conferr'd upon him, and the Lands he got from the King, drew, as all our Historians witness, the Indig­nation of the Parliament upon him. Walsing. p. 99. Tho. Walsingham says that the Barons, Li­brato utrobi (que) Periculo, inveniunt, quod vivente Petro esse non poterit Pax in Regno, nec Rex abundare Thesauro. And so they never rested till he was banish'd the Kingdom.

5 Edw. 2. Rot. Parl. Nu. 22. In the same Parliament Henry de Beaumont was likewise accus'd, for that to the damage and dishonour of the King, he had receiv'd the Kingdom of Man, which the Lords whom the King had consented should be of his standing Council, thought fit should remain to the Crown; And for that he had procur'd from the King to himself other Rents, Lands, Franchises and Offices; And for that he had procur'd for others the Grants of Lands, Rents, Tenements, Franchises and Offices; And for that he had given evil Council to the King con­trary to his Oath. For all which the Judgment upon him was, That he should be outed the King's Council for ever, and [Page 314] not come near the King's Person, unless he were summon'd to Parliament, or call'd upon to attend the King in his Wars; Or unless it were by common Assent of Archbishops, Bishops, Earls and Barons, in full Parliament; and that all his other Lands should be seiz'd into the King's Hands until the King should be satisfy'd, the full value of what he had receiv'd from those Lands so granted to him by the King.

It seems likewise that in this Reign the Ladies were Begging and Intreagu­ing at Court. For the Lady Vescey was Rot. ibid. Nu. 23.accus'd for having prevail'd upon the King to give Sir Henry Beaumont her Brother, and to others, Lands, Franchi­ses and Offices, to the Damage and Dis­honour of the King, for which she was order'd to repair to her own House, without ever returning to Court to make stay there.

'Tis true (as we have noted before) the King got this whole Act repeal'd at the Parliament held at York, 15 Edw. 2. but it was just after he had made a War upon his People, and put to Death the Tho. Wal­sing. p. 116.Earl of Lancaster, of the Blood Royal, and Eleven or Twelve of the other Peers of England. And what succeeded to this unfortunate Prince upon such an extraor­dinary [Page 315] Act of Violence is but too ma­nifest.

The Ministers and Promoters of all the Irregularities committed by that King were the two Spencers Earls of Winchester and Glocester, who were put to death in a tumultuous manner. Col. 2547. Knyghton indeed says, the Earl of Glo­cester was arraign'd before Sir William Trussel Justiciarie. Dominus Hugo Spen­cer ductus coram domino Willielmo Trussell Justiciario areniatus est coram eo ad Bar­rum.

One of the principal Heads of the Ac­cusation against Hugh Spencer was, for that he had advised the King to give and grant unto the false Traitor the Earl of Winchester, Andrew Harkely, and to him­self, Lands appertaining to the Crown in disherison thereof.

For which, and for other Crimes, he was condemned and Executed.

[Page 316] Among the Articles exhibited in Par­liament, Anno 4. Edw. 3. against Roger Mortimer Earl of March, two of 'em are for procuring to himself Grants of the Crown-Revenue. That he caused the King to make him Earl of March, and to give Him and his Heirs many Lands, in Disherison of the Crown. And that the said Roger caused the King to give to Him and his Children and Confede­rates, Castles, Towns, Mannors and Franchises in England, Ireland and Wales, in decrease of the Revenues of the Crown.

Rot. ibid For this and for other Crimes, of which some were judg'd to amount to Treason, he was condemned to be hang'd at Tyburn, and the Sheriffs of London were order'd to attend the Execution.

[Page 317] In the 10th of Richard II. Michael de la Pool Earl of Suffolk was Impeach'd in Parliament upon several Articles, the Principal of which was, For that being Lord Chancellor, and sworn to promote the King's Profit, he had purchas'd of the King Lands, Tenements, and Rents of a great Value, against his Oath, and such Grants being more than he deserv'd, considering the great Poverty of the King and Kingdom. To which he answer'd that he had no Lands of the King, but since his being created Earl, and that by way of Exchange. To which the Com­mons reply'd, by showing the Oath he took when he was made Lord Chan­cellor, the Effect whereof was for doing Justice, observing the Laws, Councel­ling the King, and not to suffer any Damage or Disherison of the Crown, and that by all means he should promote the King's Profit. And hereupon be­cause he confess'd the Gift of the Lands to him whilst he was Chancellor, and that during the same time, the Exchange was made of good Lands, for a Casual Cu­stom at the Port of Hull, they inferr'd that the same was not for the King's Pro­fit, according to the Tenor of the Chan­cellor's Oath; And therefore they pray Judgment. The Judgment against the [Page 318] said Earl was, That for Breach of his Oath, all the said Mannors and Heredi­taments which he had of the King's Gift, should be seiz'd into the King's Hands, together with all the mean Profits, sa­ving to the Earl his 20 l. per Annum Creation-Mony in the County of Suffolk. But take the Words of the Record as far forth as they relate to the present Mat­ter.

Then he proceeds to give several Par­ticulars of the Agreement, and to set forth his Merits, and that the King made him take the Honour of Earl upon him without his seeking, and how he was persuaded to be Chancellor. But it seems the Parliament did not take his Answer to be sufficient; for the Com­mons reply'd in the Words follow­ing.

So that for▪ the Insufficiency of his Answer the following Judgment was given.

[Page 323] 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 Chancellors Oath the Judgment was grounded, it being in those Days thought and under­stood, that he who was sworn to pur­chase the King's Profit, should not in­rich himself with the Revenues of the Crown, and as the Record says, that he chiefly 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.

[Page 324] The Duke of Glocester Uncle to the King, and Constable of England, the Earl of Darby, the Earl of Arundel, the Earl of Warwick, and Thomas Earl Mar­shal, accus'd Michael de la Pool and o­thers of High Treason; the Term then us'd was they Appeal'd 'em of Treason. Rot. Parl. 11 Rich. 2. p. 2. m. 7. Thomas Duc de Glocester Conestable d Engleterre, Henry Conte de Derby, Ri­chard Conte de Arundel & de Surry, Thomas Conte de Warwick, & Thomas Conte Mareschal, 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 Traitours & Ennemies 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 Parlement.

Then these Lords exhibited against Mi­chael de la Pool, and the rest, 39 Articles of High Treason. In the 5th, 6th, and [Page 325] 7th Articles, they are accus'd for having procur'd to themselves and others, and to their Kindred, Grants of the Crown-Lands in England and Ireland, besides Gifts of Mony 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 al Seignour d Audeley, & autres Grants Terres, au dit Robert Verr Duc d Irland, & as autres diversement, peront, ils sont grandement Enriches, & le Roy est devenu pouvre, & ne ad dont 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.

[Page 326] 6 Art. Item par le dit Acrochement, les avandits Alexandre Ercevesqe Dewerwik, Ro­bert de Verr Duc d Irland, Michael de la Pool Cont de Suffolk, et per assent et counseil desdits Robert Tresilian faux Ju­stice, Nicholas Brembe Chevalier de Lon­dres, ont fait qe nostre Seignour le Roy a donne divers Manoirs, Terres, et Tene­ments, Rents, Offices, Ballies, as diverses autres Persones de lour Affinite, et as autres diverses Persones des qeux ils ont pris grands dons pur Brocage pur 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 somes dor et d argent, sy bien de ses biens et Joiaux pro­pres, co [...]e [...] biens et Tresor du Royalme, sy come des Dismes & Quinsismes et autres Taxes grantez as diverses Parlements pur [Page 327] estre exploites en deffence et sauvegarde du Royalme, et autrement, qelle some amonte cent mille Marcs et plus, sy come au dit Ro­bert de Verr Duc d Irland, et autres di­versement, et outre ceo plusioures bones Or­dinances et Purposes faits et ordeinez en Parlement sy bien pur les Gurres come en de­fence du Royalme ont ilz destourbes, en grande Arrerisement du Roy et du Royal­me.

The Persons accus'd were sommon'd to answer to the 39 Articles; and not appearing, the Duke of Gloucester and the other Lords Appellants, pray the Non-appearance may be recorded.

Rot. Parl. 11 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, &c.

Le Duc et Cont Appellants, prient au dit Roy nostre Seignour, et aux dits Seignours, du Parlement qils violent Recorder le defau­lte, &c.

After which the King and the Lords took time to deliberate upon the Matter. Then the Judges, Serjeants and Civili­ans were call'd, for to deliver their Opi­nions [Page 328] in Law; who said the Appeal was not in the Forms requir'd, either by the Common or Civil Law. To which the Lord's answer'd, That the High Court of Parliament was not bound up to the Forms and Rules of the Courts below. But take the Words of the Record it self.

— Rot. ibid. A qel temps les Justices et Ser­geants, et autres Sages de Ley du Royalme, et auxint les sages de la Ley Civille, fu­rent Chargez de par le Roy nostre dit Seig­nour, de doner loyal Conseil as Seignours du Parlement de deuement proceder en la cause de le susdit Appel, les quex Justices, Ser­geants, et Sages de la Ley du Royalme, et auxint les dits Sages de la Ley Civille, pri­stont ent deliberation, et respondront as dits Seignours du Parlement, qils avoient veue et bien entendu la Tenour du dit Appel, et disoient qe mesme le Appel ne feust pas fait ne affirme selonc l ordre qe lune Ley ou lautre requiert; Surqoy les dits Seignours du Par­lement pristront ent deliberation, et avise­ment, et per assent du Roy nostre dit Seig­nour, et de lour Commun accord, estoit de­clare qe en si haute crime come est pretendu en cest Appel, qe touche la Persone du Roy nostre dit Seignour, et l estat de tout son Royalme, perpetre per persones qe sont Peers [Page 329] du Royalme ovesqe autres, le cause ne sera aillours deduit qe en Parlement ne per au­tre Ley qe Ley et cours du Parlement et qil appertient as Seigneurs du Parlement et a lour Franchise et Libertee d' auncien Cu­stume du Parlement destres Jugges en tieux case, et de tieux case ajugger per assent du Roy, et qe ensy sera fait en cest Cas per Agar­de du Parlement: Purceqe le Royalme d Engleterre ne estoit devant ces heures, ne a lentent du Roy nostre dit Seignour, et Seig­nours du Parlement onqe ne sera rule ne, governe per la Ley Civille, et auxint lour entent uest pas de ruler ou Gouverner si haute cause come cest Appel est, qe ne sera ail­lours trie ne termine qen Parlement, come dit est per cours Processe et ordre usee en ascun Court plus bas deinse mesme le Royalme, qeux Courts et Places, ne sont qe Executors d ancienes Leys et Custumes du Royalme, et Ordinances et establissements du Parlement. Et fust avis au mesmes les Seignours du Palement per assent du Roy nostre dit Seig­nour, qe cest Appel fuist fait et asirme bi­en, et asses duement, et le Processe dicelle bone et effectuell, selonc les Leys et Cours du Parlement, et per tiel lagarderont et ad­jugeront. Et a mesme jour le Roy nostre dit Seignour et Seignours du Parlement, seants en la dite blanche sale en plein Par­lement [Page 330] les ditz Appellants prieront qe le Defaute des ditz Ercevesqe Duc Cont et Robert Tresilian, Appellees comme devant, feuse Recorde.

After which the Persons accus'd were again summon'd, and appear'd not, but alledged, (as we may suppose by their Council, for here the Record is silent) That they had not sufficient Notice of the Matter contain'd in the Appeal. Upon which the Parliament proceeded to Judgment.

In which the Judgment was, That se­veral of the Articles against the said Per­sons contain'd High Treason, of which the Parliament pronounc'd them Guilty; And that they were guilty of the Crimes laid down in these other Articles, which were not judg'd to amount to Treason, among which were the 5th, 6th, and 7th Articles. But take the Words of the Record.

Rot. ibid. Surqoy les dits Seignours Temporels, per Commandement du Roy nostre dit seignour examineront les Articles contenus en ledit Appel, & le Couple des dits Ercevesqe De­verwick, Duc, Cont & Robert Tresilian, [Page 331] Appellez come devant, en celle partie par grand Labour & Diligence, & per con­tinuance de diverses jours tanqe le Judy le 13 Jour dudit mois de fevrier, & par lour avisement et bone deliberation firent declara­tion & Adgugeront qe le 1 & 2. le 11. le 15 & le 17 Articles contenus en le dit Ap­pel sont Trefon. Et qe ce qest contenu en le 22 Article de mesme le Appel, touchant la levee des Gents, pur guerroer & destruire les Seignours, & Lieges du Roy, est aussy. Treson & qe les 28, 29, 30, 31, 32, 37, 38, 39. de mesme le Appel, sont aussi Tre­son, come est remembre en le avant dit roul­le, du dit Appel. Et troveront per deue Examination, & per proves et emformati­ons per tous les voies qils pourroit, lour Con­sciences deucment emformer, qe le dit Erce­vesqe, Duc, Cont, & Robert Tresilian, Appelles come devant, feurent Coulpables no­tairement en icelles cest assavoir Chacun de eux en chacun Article qe luy touche. Et auxint qils sont coulpables en touts les autres Articles contenus en le dit Appel, nient declares au present pur Treson, cest assavoir chacun deux en chacun Article qe luy touche, en presence du dit Roy nostre Seignour, et Seignours du Parlement Tem­porels, seant en la dite blanche sale en plein Parlement mesme le jeudy le 13 jour du dit [Page 332] mois de Fevrier, les dits Duc & Contes Appellants prieront as dits Roy nostre Seig­nour & Seignours du Parlement illoques estants qe les dits Ercevesqe, Duc Conte et Robert Tresilian Appelles come devant fus­sent adjuges convicts de les hautes Trahisons contenus en [...]e dit Appel.

Jugement Rot. ibid. Parqoy les dits Seignours du Parlement illoqes estants come Juges du Parlement en cest Case, per Assent du Roy nostre Seig­nour, Prononceront lour declaration avant dite & adjugeront lesdits Ercevesqe, Duc, Cont, et Robert Tresilian, appelles come devant, coulpables et convicts des Tresons contenus en les dits Articles, declares pur Treson, come devant, Et Agarderont qe mesmes les dits Duc, Cont, Robert Tresi­lian, appelles come devant, fussent Treinez et penduz come Traitours et Ennemies au Roy nostre dit Seignour, et a son Royalme, Et qe les dits Ercevesqe, Duc, Cont, Ro­bert Tresilian, Appelles come devant, et lours Heires fussent desheritez a tous jours, et qe lours Terres et Tenements, Biens et Chateux, feussent forfaits au Roy nostre dit Seignour. Et les Temporalites du dit Ercevesqe Deverwik, del Ercevesche De­verwik saisis es mains le Roy nostre dit Seignour.

[Page 333] In the same Parliament Simon de Beurle Lord Chamberlain, among other Crimes, was Impeach'd by the Commons for having persuaded the King to make large Gifts out of the Crown-Revenue to Foreigners, Bohemians, to the Im­poverishment and Oppression of the People.

* Rot. ibid. Art. 7. Item qe la ou le dit Simon de Beurle fust Chamberlein nostre Seignour le Roy, en sa tendre Age, & tenus de luy Conseiller pur le mieux, en profit de luy et de son Royalme, le dit Simon per son malveis Inginie, et procurement, conceilla nostre Seignour le Roy davoir deinz son Houstiel grande Plenitee des Aliens, Beamers, et autres, et de les donner grands douns des Revenus et Commoditees du Royalme, pe­ront nostre Seignour le Roy est grante­ment empovres et le People du Royalme outrement opreses.

The Parliament thought the Duke of Ireland so dangerous a Man that to be rid of him they had given the King a Grant of 30000 Marcs; but when Suffolk return'd after his first Disgrace, the Duke of Ireland return'd with him. [Page 334] About this time that the Ministry might be compleat, and of a piece, there was a Lord Treasurer of the same Stamp with the Chancellor, Chamber­lain, and the Duke of Ireland, to wit, John Foord Bishop of Durham, of whom Sir John Heyward gives this Character▪ ‘ Life of Hen. 4. p. 20. He was a Man of little depth, ei­ther in Learning or Wisdom, but one that had the Art of seeming, in mak­ing the best Shew of whatsoever he spake or did: And rising from a mean Estate to so high a pitch of Ho­nour, he exercis'd the more exces­sively his Riot, Avarice, and Ambi­tion, not able to moderate the Lusts and Desires which former Want had kindled.’ He at the same time was remov'd from the Council, and turn'd out of his Office of Treasurer.

We have dwelt the longer upon Mi­chael de la Pool, because it is the first for­mal and regular Impeachment that we meet with in the Records. And per­haps it will not be unnecessary to say something of a Man that so much drew upon him the Hatred of the People. Life of Hen. 4. p. 16. Hayward says, ‘He was a Merchant's Son in London▪ and growing Mighty [Page 335] on the sudden, he could not govern himself in the Change: But Prospe­rity laid open the secret Faults of his Mind, which were suppress'd and choaked before.’ Thomas of Walsing­ham calls him Michael Atte Pole, and says he was convicted in Parliament of notorious Frauds, Walsing▪ p. 324. Num. 10▪ Convicerant eum nempe de multis Fraudibus, et quibusdam proditionibus in Regem, quos nequaquam inficiari nequibat, unde et cum responsis astaret, et objecta negare nequibat, Rex pro ipso verecundatus et rubore suffusus, caput agitans, heu! heu! inquit Michael, vide quid fecisti. But as soon as the Par­liament was up, the King took him into greater Favour than before. But the Weight of a Parliament will at last bear down a bad Minister, so that de la Pool durst not stand the next Sessions, but fled to France where he died in Exile. But take from Walsingham the Character of this Chancellor, with the Account of his Death. Ibid. p. 339. Hac Aestata perfidiae prom­ptuarium; Sentina Avaritiae, Auriga Pro­ditionis, Archa Malitiae, Odii Seminator, Mendacii Fabricator, susurro nequissimus, dolo praestantissimus, artificiosus detractor, Patriae delator, Michael Atte Pole, quon­dam Comes Southfolchiae Regnique Cancel­larius [Page 336] sed nunquam Consiliarius, concessit in fata Parisiis, merito perfidum evomens Spiritum in terra peregrina.

Simon de Beurle whom the Commons had Impeach'd that Parliament, was beheaded at Tower-hill. His being Knight of the Garter exempted him from a more ignominious Sentence that was pronounc'd 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 repeal'd. 'Tis true the Fact is so, For Richard, after he had treacherously got into his Hands the Duke of Glocester his Uncle, and after he had imprison'd 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 [Page 337] was able to pack a Parliament; which yet could not be brought to do his Business, 'till it was adjourn'd from Westminster to Shrewsbury. There he did what he would by the Help of Sir John Bushie (then 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 School-masters, both of Cruelty and Deceit: They were proud, ar­rogant and ambitious, and upon confidence of the King's Favour, profess'd 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 sate at Westminster, where Thomas Arundel Archbishop of Canter­bury was banish'd, and his Tempora­lities seiz'd: All the other▪ irregular Matters were transacted at Shrewsbury▪ [Page 338] 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 Launces in his Company, who was chearfully embrac'd by the whole Nation. One of the first Things done in the Reign of Henry the 4th was to Repeal all that had pass'd 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 Parlement 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 wastfully 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 [Page 339] 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 [Page 340] an Accusation from the House of Commons.

The Grants out of the Crown Re­venue which he had procur'd for him­self, and those of his Alliance and Party, occasion'd 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 accus'd 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.

The Five next following Articles re­late to his Transactions in Foreign Parts, which we omit.

The next Article relates to his ha­ving embezzel'd several Bonds remain­ing in the Treasury. The next to his having embezzel'd several Writs. The next for his having procur'd an irre­gular Pardon for William Tailleboys a Debtor to the King. Which Articles being long we omit.

Num. 45. Item, The seid Duke conceyvyng himself to be with you privyest, [Page 347] and best trusted, by full many Yeres hath presumed upon hymself to name to yovre Highnesse, and caused to be made dyvers Persones Shirreves of many youre Countees, in this youre Reame, some for lu­cre of good, and some to be apply­able to his entent and Commande­ment, to fulfylle his Desyres and Wrytyngs, for such as hym lyked; to thentent to enhaunce hymselfe and have over grete and unfyttyng Rule in this youre Reame: Wherof ensued, that they that wold not be of his Affinite in their Countreys, were every Matter, true or fals, that he favour'd, was furthered and speede, and true Matters of such Persones as had not his Favour, were hynder­ed and put abakke, Perjuries ther­by encreased, many of youre true Lieges by his Might and help of his Adherents disherited, empoverish­ed and distrowed, &c.

The next Article relates to one of his Foreign Transactions.

Num. 47. Of all which Offences, Mispri­sions and untrue Labours, and false Deceytes, in the seid Atticles spe­cifyed, We youre seid Commons [Page 348] Accuse and Empeche the seid Duke of Suffolk. And in the most hum­ble wyse beseche and pray youre Highnesse, that this been enacted in this youre high Court of Par­lement. And that it may be pro­ceeded upon the Premises ayenst the seid Duke, during the same Par­lement, as the Matters and Causes forefeid requiren, in Conservation of Justice, to the singuler Comfort of all youre Leige People, youre Rightwisenesse considering that the seyd Misprisions, Fawtes and other full untrue coloured Counseils and myscheivous Dedes of the same Duke, which to reherce were over­long, and to diffuse have ben the Ground and Cause of the Subver­sion of youre Laws and Justice and Execution thereof, and to the nygh likely Destruction of this youre Reame and other Places un­der youre Obeysaunce.

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 [Page 350] and Temporal, where, kneel­ing, he answer'd all the Articles of Treason by himself, and utterly de­nyed them.

Thus William de la Pool, Duke of Suf­folk, the Kings Favourite and the Queens Minion, was impeach'd by the Commons, and banish'd by the Regal Authority. Graft. Chron. p. 609. Grafton speaking of him, says, ‘He was notorious for enrychyng Hymself with the Kynges Goods and Lands, gather­ing together and making a Monopoly of Offices, Fees, Wards and Ferms, by reason whereof the Kynges Estate was greatly mynished and decayed, and he and his Kin highly exalted and enrich­ed.’

[Page 355] Ibid. p. 610. Besides the same Author says, He had dipp'd his hands in Blood, having been a chief Instrument in contriving the Murther of Humphry Duke of Gloster. But Sanguinary Men seldom escape un­punish'd, for this Duke of Suffolk had his own Head struck off upon the side of a Cock-boat by a Servant belonging to the Duke of Exeter.

Cot. Post. p. 280. In his Speech to the House of Commons. Sir Robert Cotton cites 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 rent 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 caus'd 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 inforce [Page 356] (I will use the Authors Words) illos pau­cos qui remanebant de Communitate Regni, concedere Regi quamvis pessima. When the Parliament endeavour'd 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 answer'd, 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 bad Great Man was banish'd, which was no sooner done, but an Act of Re­sumption followed the Inrollment of the Act of his Exilement.’

Sir Robert Cotton, that learned Anti­qary, is so intirely 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 Proceedings against the Duke of Suffolk, and the Act of Resumption, so quickly they [Page 357] 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 produc'd Impeach­ments of elder Times, which perhaps the Persons concern'd in point of Interest, will call old musty Records; We shall there­fore now proceed to show some Presidents 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 Proceedings not for the King's Honour, and dangerous to the Pub­lick.

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.

[Page 358] That besides his great Employments, and the Profits thereunto belonging, which might have satisfy'd any moderate Am­bition, He had procur'd to himself several Grants of the Crown Revenue, amounting to a high Value.

But that the Reader may have this mat­ter of Impeachments more fully before him, we shall here incert the three Articles which have Reference to our present subject, tho they are already publish'd in Rushworth.

Rush. Coll. 1 vol. p. 306. Art. I. ‘That whereas the Great Offices, expressed in the said Duke's Stile and Ti­tle, heretofore have been the singular Preferments of several Persons, eminent in Wisdom and Trust, and fully able for the weighty Service, and greatest Employ­ments of the State, whereby the said Offi­ces were both carefully and sufficiently exe­cuted by several Persons, of such Wisdom, Trust, and Ability: And others also that were employ'd by the Royal Progenitors of our Sovereign Lord the King in Places of less Dignity, were much encouraged with the Hopes of Advancement. And whereas divers of the said Places seve­rally of themselves, and necessarily re­quire the whole care, industry, and at­tendance of a most provident, and most able Person: He the said Duke, being young and unexperienced, hath, of late [Page 359] Years, with exorbitant Ambition, and for his own profit and advantage, procu­red and ingrossed into his own hands the said several Offices, both to the dan­ger of the State, the prejudice of that Ser­vice which should have been performed in them, and to the great discourage­ment of others; who by this his procuring and ingrossing of the said Offices, are pre­cluded from such hopes, as their Ver­tues, Abilities and Publick Employments, might otherwise have given them.’

p. 334. Art. IX. ‘Whereas the Titles of Ho­nour of this Kingdom of England were wont to be conferred as great Rewards, upon such virtuous and industrious Per­sons as had merited them by their faith­full Service; the said Duke, by his im­portunate and subtle Procurement, had not only perverted that antient and most honourable Way, but also unduly, for his own particular Gain, he hath enforced some that were rich (though unwil­ling) to purchase Honour: as, the Lord R. Baron of T. who, by practice of the said Duke and his Agents, was drawn up to London, in or about October, in the Two and twentieth Year of the Reign of the late King James of famous Memory, and there so threatned and dealt withal, that by reason thereof he [Page 360] yielded to give, and accordingly did pay the summ of Ten thousand pounds to the said Duke, and to his use: For which said Summ, the said Duke, in the Month January, in the Two and twen­tieth Year of the said late King procu­red the Title of Baron R. of T. to the said Lord R. In which practice, as the said Lord R. was much wronged in this particular, so the example thereof ten­deth to the prejudice of the Gentry, and dishonour of the Nobility of this Kingdom.’

p. 340. Art. XII. ‘He the said Duke not contented with the great Advancement formerly received from the late King, of famous Memory, by his procurement and Practice, in the fourteenth Year of the said King, for the support of the many Places, Honours, and Dignities conferred on him, did obtain a Grant of divers Manners, Parcel of the Re­venue of the Crown, and of the Duchy of Lancaster, to the yearly value of One thousand six hundred ninety seven pounds two shillings half-penny far­thing, of the old Rent, with all Woods, Timber, Trees, and Advowson; part whereof amounting to the Summ of Se­ven hundred forty seven pounds thir­teen Shillings and four Pence, was rated [Page 361] at Two and thirty thousand Pounds, but in truth of a far greater Value. And likewise in the Sixteenth Year of the same Kings Reign, did procure divers others Manners annexed to the Crown of the yearly value, at the old Rent, of Twelve hundred Pounds or thereabouts, according as in a Schedule hereunto an­nexed appeareth: In the Warrant for passing of which Lands he, by his great Favour procured divers unusual Clauses to be incerted, (viz.) That no Perqui­sites of Courts should be valued, and that all Bailiffs Fees should be reprised in the Particulars upon which those Lands were rated; whereby a President hath been introduced, which all those who, since that time, have obtained any Lands from the Crown, have pursued to the damage of his late Majesty, and of our Sovereign Lord the King that now is, to an exceeding great Value. And af­terwards he surrendred to his said Ma­jesty divers Mannors and Lands, parcel of those Lands formerly granted unto him, to the Value of Seven hundred twenty three Pounds eighteen Shillings and two Pence Half-peny per annum; in consideration of which surrender, he procured divers other Lands of the said late King to be sold and contracted for, [Page 362] by his own Servants and Agents, and thereupon hath obtained Grants of the same, to pass from his late Majesty, to several Persons of this Kingdom, and hath caused Tallies to be stricken for the Money, being the Consideration menti­oned in those Grants in the Receipt of the Exchequer, as if any such Moneys had really come to his Majesties Coffers; whereas the Duke (or some other by his Appointment) hath indeed received the same Summs, and expended them upon his own Occasions. And notwithstand­ing the great and inestimable Gain by him made by the sale of Offices, Ho­nours, and by others Suits by him ob­tained from his Majesty, and for the countenancing of divers Projects, and other Courses, burthensome to his Ma­jesty's Realms, both of England and Ireland; the said Duke hath likewise, by his procurement and practice, recei­ved into his hands, and disbursed to his own use, exceeding great Summs, that were the Moneys of the late King of famous memory, as appeareth also in the said Schedule hereunto annexed: And the better to colour his doings in that behalf, hath obtained several Pri­vy-Seals from his late Majesty, and his Majesty that now is, warranting the [Page 363] Payment of great Summs to Persons by him named, causing it to be recited in such Privy-Seals, as if those Summs were directed for seeret Services concerning the State, 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 Accompt; and by the like fraud and practise, under colour of free Gifts from his Majesty he hath gotten into his hands great Sums which were intended by his Majesty, to be disbursed for the preparing, furnishing and victualling of his Royal Navy; by which secret and colourable devices the constant and or­dinary course of the Exchequer hath been broken, there being no means by matter of Record to charge either the Treasurer or Victualler of the Navy with those Sums which ought to have to come to their hands, and to be accompted for to his Majesty; and such a Confusion and Mixture hath been made between the Kings Estates and the Dukes as can­not be cleared by the legal Entries and Records, which ought to be truly and faithfully made, and kept, both for the safety of his Majesty's Treasure, and for the indempnity of his Officers, and Sub­jects whom it doth concern. And also [Page 364] in the Sixteenth Year of the said King, and in the Twentieth Year of the said King, he did procure to himself seve­ral Releases from the said King of di­vers great Summs of [...]ney of the said King by him privately received, and which he procur'd, that he might de­tain the same for the support of his Pla­ces, Honours, and Dignities. And these things, and divers others of the like kind, as appeareth in the Schedule annexed, hath he done, to the exceed­ing diminution of the Revenue of the Crown, and in deceit both of our Sove­raign Lord the King that now is, and of the late King James of famous Me­mory, and to the detriment of the whole Kingdom.’

The Duke escaped this Storm by the sudden Dissolution, which was chiefly to save him, however in the next Parliament 4 Car. 1. he was again attacked as freshly as before, which again he had Interest enough to get dissolv'd; but had he liv'd to see another, he must undoubtedly have sunk under the just Anger of the House of Commons.

For the People of England have never patiently born to see immoderate Wealth, Power and Honours, with variety of Great Offices, conferr'd upon any single Person.

[Page 365] Hardly any Favourite had Nobler Qua­lities than this great Man; He was Beauti­ful▪ in his Person, Magnificent in his Na­ture, and not without either Heart or Un­derstanding. Many People had tasted of his Private Liberalities; He would hunt out for Persons of Merit, and bring 'em from their most secret Retirements, into Business. He was rough only to his Ene­mies, but most earnest and ready to oblige his Friends; He would often get for others what he might conveniently have kept for himself; He governed not only his Dome­stick Affairs, but his Transactions in the State, by the Advice of a select number of Friends, all able Men, but not engaged in Publick Matters, whom he retain'd in his Service by Pensions out of his own Purse. And yet, thus qualify'd as he was, it was not thought reasonable in Parliament, that so high Honours, so much Wealth and Pow­er, and such a multiplicity of Employ­ments, should be conferr'd upon so young a Man.

If such a one could not stand before the People, much less will they, in any future Reign, bear to see Men with the like Wealth, pour'd upon 'em, and in the like Station of Power and Favour, who have none of his Qualifications, who are con­temptible in their Figures, who make no [Page 366] Expence but what tends to their private Luxury, of whose Bounty no one ever tasted, who bar the Court Gates to▪any Merit, who never did any kind Office, who make a sale of all Employments, who creep to their Enemies, and slight their Friends, who never did good but for them­selves, or to here and there an humble Flatterer, and who never, in their Tran­sactions for the State, govern themselves by the Advice of grave Friends, but act all things upon their own giddy Heads, ever drown'd in Wine, or heated by De­bauches.

Journal of the House of Commons. But to return to our present Matter. Mar­tis die 24 Nov. 1640. There were Repor­ted eight Articles in maintenance of the Commons Accusation against the Earl of Strafford, which were agreed upon the day following, and of which the III ^d Article is, ‘That the better to inrich and enable him­self to go through with his Traiterous Designs, he hath detained a great Part of his Majesty's Revenue, without gi­ving Legal Account; and hath taken great Summs out of the Exchequer, converting them to his own use, when his Majesty wanted Money for his own Urgent Occasions, and his Army had been a long time unpaid.’

[Page 367] In the Heads of the Accusation against the Earl of Clarendon, reported by Sir Tho­mas Little [...]on, Wednesday 6 Nov. 1667. one of the Articles was:

Journal of the House of Commons. Art. 8. ‘That he hath-in a short time gained to himself a greater Estate than can be imagined to be gained lawfully in so short a time; and, contrary to his Oath, hath procured several Grants under the Great Seal from His Maje­jesty to himself and Relations, of seve­ral of His Majesty's Lands, Heredita­ments and Leases, to the Disprofit of his Majesty.’

We all know the Impeachment against that Noble Earl, was rather a Court-Design, than carried on by good Patriots. The Zeal he had shown for the Laws of his Country had stirr'd him up some Enemies: And because he would not make a Difference between the King and Duke of York, he chose to retire, which Retirement was follow'd by an Act to banish him: But had he he staid, and stood his Trial, no doubt he had ju­stified himself in this and in the other Ar­ticles. For upon Enquiry, the Writer of these Papers is inform'd that he had not procured any Grant of the Crown De­measnes: And as to Clarendon Park, now in the Family, and which was Crown-Land, that he bought it at the full Va­lue [Page 368] of the Old Duke of Albemarl, who had begg'd it of the King. But if he had received any Gift of Forefeited Estates, or in Money, his long services and sufferings, and his having been a Companion in his Master's Exile might very well deserve any such sort of Bounty.

Journal of the House of Commons. ‘ Jovis 15 die Jan. 1673. Articles of Treasonable and other Crimes of high Misdemeanor against the Earl of Arling­ton, Principal Secretary of State, being open'd, were presented to the House, and read.’ The Articles containing mat­ter of Treason were seven. It was further open'd, That the said Earl had been guilty of many undue practices to promote his own Greatness, and had embezzel'd and wasted the Treasure of his Nation.

Art. 1. ‘By procuring vast and Exor­bitant Grants for himself both in Eng­land and Ireland, breaking into the Settlement of that Kingdom, and dis­possessing several English Adventurers and Soldiers of their Properties and Free­holds, in which they were duly and legally stated, without any Colour of Reason or suggestion of Right.’

Art. 2. ‘By charging excessive and al­most incredible Sums for false and de­ceitful Intelligence.’

[Page 369] Art. 3. ‘By procuring His Majesties Hand for the giving away between his first Entrance into his Office, the Value of Three Millions of Sterling Money, at the least, the several Grants whereof are extent, countersigned by him, and by him only.’

Martis 20 die Jan. 1673. The House resumed the adjourn'd Debate, concern­ing the Lord Arlington. The Question being put, That an Address be presented to His Majesty to remove the Earl of Ar­lington from all his Employments, that are held, during His Majesty's Pleasure, and from His Majesty's Presence and Council for ever. It pass'd in the Nega­tive by 39 Voices.

Resolved, That a Committee be ap­pointed to consider of the Articles against the Earl of Arlington, and to report what Matter is therein contained, and can be prov'd, that is fit for an Impeach­ment. Committed to Mr. Crouch, &c.

Memorandum, The Committee never made their Report; for the 24th of March the Parliament was Prorogued to the 10th. of November, 1674, and so the Matter fell.

[Page 370] Journal of the House of Commons. Lunae 26 die Apr. 1675. ‘A Charge or Impeachment against Thomas Earl of Danby, Lord High-Treasurer of Eng­land, containing several Offences, Crimes, and Misdemeanors, of a very high Na­ture, being presented and opened to the House, and afterwards brought in and delivered at the Clerk's Table, and read.’

Art. 6. ‘That the said Earl hath procured great Gifts and Grants from the Crown, whilst under great Debts, by Warrants counter-signed by himself.’

‘The 2d. Article of the Impeachment being read, and the Matter thereof deba­ted, Resolved, That before the House do proceed farther in the Debate of this Article, they will hear the Witnesses. The Witnesses were heard; then the House Adjourn'd.’

Lunae 3 die Maii, 1675. ‘The House then proceeded in the farther Considera­tion of the Articles against the Lord-Treasurer. And 3d. 4th. 5th. 6th. and 7th. Articles being read, and the Question being severally put, Whether any fit Matter doth appear in the Examination of those Articles, to impeach the Lord-Treasurer? It pass'd in the Negative.’

[Page 371] Journal of the House of Commons. Sabbati 21 die Decemb. 1678. ‘Articles of Impeachment of High Treason, and other High Crimes, Misdemeanors, and Offences, against Thomas Earl of Danby, Lord High-Treasurer of England, were delivered from the Committee.’

Art. 5. ‘That he hath wasted the King's Treasure, by issuing out of His Majesty's Exchequer, and several Branches of his Revenue, divers great Summs of Money for unnecessary Pensions, and secret Ser­vices, to the Value of 231602 l. within Two Years: And thus he hath wholly diverted out of the known Method and Government of the Exchequer, one whole Branch of His Majesty's Revenue to private Uses, without any Account to be made thereof in the Exchequer, con­trary to the express Act of Parliament which granted the same. And he hath removed two of His Majesty's Commis­sioners of that part of the Revenue, for refusing to consent to such his unwarrant­able Actings, and to advance Money up­on that part of the Revenue for private Uses.’

Art. 6. ‘That he hath by indirect Means procur'd from His Majesty for himself divers Considerable Gifts and [Page 372] Grants of Inheritance of the Ancient Revenue of the Crown, even contrary to Acts of Parliament.’

Ordered, That the Articlee of Im­peachment against the Lord High-Tree­surer be Engrossed, and that Sir Henry Capel do carry them up to the Lords on Monday Morning next.

We have cited these two presidents, re­lating to the Earl of Danby, to shew, when the old Whigs were in the supermest Per­fection of their Virtue, and Publick Zeal, That they then thought it a High Crime and Misdemeanor, For a Minister to Picture to himself Giants out of the King's Revenue.

By the Authorities and Presidents we have quoted, it appears manifestly, that our Ancestors have, from the first Insti­tution of this Government, very highly resented such Proceedings.

But here it may be asked how a States­man is to behave himself▪ when the Prince is inclin'd to Liberality, and overborn with Importunities to give away what should subsist Him and the State? To which we answer, That the Lord Chancellor's Oath [Page 373] plainly directs the Minister in his Duty, Ye shall neither know nor suffer the King's Hurt, nor his Disheriting, nor that the Rights of the Crown be distressed by any Means, as far forth as ye may let it: And if ye may not let it, ye shall make Knowledge thereof clearly and expresly to the King, with your True Advice and Council. By which Words, without doubt, the Law must mean, (and the Chancellor's Oath is part of our Law and Constitution,) That this high Officer is to oppose with all his Power and Intrest what he sees tending to the King and Kingdom's Prejudice; and if he finds a great Number of Grants pas­sing, the Law intends, by binding him with such an Oath, That he should from time to time represent to the King his Debts, the Taxes, and Necessities of the Nation. But suppose that, notwithstand­ing this Representation, the Prince will have the Grant to proceed, how is the Minister to act in such a Case? Without doubt he is then to consider this Maxim of our Law, That the King can do no hurt, and that the Minister only is accountable for any Male-Administration.

[Page 374] He is to contemplate what high Offi­cers in the State have been impeached up­on the like Account, and without all Con­troversie he is rather to leave the Court, and quit his Employment, than to do a thing which cannot be justified by the Laws and Constitution of this King­dom.

Daniel. P. 134. Simon Normannus, Keeper of the Great Seal under Henry III. and Jeffery his Brother, both Knights-Templars, and Men in great Powrr, suffer'd themselves to be turn'd out of their Employment, rather than to pass a Grant from the King, of Four Pence upon every Sack of Wool, to Thomas Earl of Flanders, the King's Un­cle. P. 519.† Matthew Parris, speaking of these two Brothers being put from Court, says, Seminarium & Causa praecipua fuit hujus Irae Regiae, quod idem Simon noluit con­signare quoddam detestabile Scriptum, contra Coronam Domini Regis confectum. Cujus Tenor talis fuit, ut Comes Flandriae Thomas perciperet de quolibet sacco Lanae delatae ab Anglia per partes suas, Telonium: Scilicet de quolibet sacco quatuor denariorum. Nec Galfridus Templarius huic enormi facto con­sensit, licet Rex ad hoc avide nimis anhela­verit.

[Page 375] '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 Publick. Nay, they often pretend to remain at Court on­ly to prevent greater and farther Mis­chiefs.

Suppose then this to be Case, and that the Tide runs so strongly one way that no single Minister in his Station is able to stem it, and that the Prince will divest himself of his Revenues, notwithstand­ing he is otherwise advis'd, what does the Constitution of this Kingdom require from a Lord Chancellor, a Lord Treasurer, Lord Privy-Seal, and the Secretary of State, when such Measures are taken? What Proofs will clear them before the whole World, that they are no ways consenting to such Pro­ceedings, and that things are carried by an irresistible Strength against that Coun­cil they would be thought to give?

Without doubt they stand justified be­fore a Parliament▪ and in the Opinions of the People, if they give manifest Evi­dence that their own Hands are clean, and [Page 376] that they do not at all participate in the Depredations that are made upon the Pub­lick: If they have ask'd 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 Mannors were found in their hands; or, which is worse, if they had devour'd all the Flesh themselves, and left to others only the Bones to pick; if, while the Publick was poor, they had procur'd to themselves outragious Gifts of Money, as they are call'd in the Records; if it was known that they had procur'd immoderate Releases for Money, (now they term 'em Privy-Seals,) and that in an unwarrantable manner: Our Ancestors look'd no farther, but took the Ministers to be guilty, and presum'd, that they, singly, for their own Gain and Profit, had incited the Prince to Liberalities inconsi­stent with the Welfare of his Crown and Government; and thereupon our Fore­fathers grounded the Impeachments we have mention'd in this Section.

[Page 377] We do not find in the Records, (except in the Lady Vescie's Case,) that the Anger of Parliaments was provoked against the Common Herd of Courtiers, who in all Ages have raked from the Prince whatso­ever they could: But the Sword of the Legislature was directed against their Heads, who being Ministers of State, in his Privy Council bound up by Oaths, (Astricts per lour serments,) and ha­ving Offices attended with large Sallaries and Profits, did nevertheless, with insati­able Avarice and Ambition, and without any Consideration of the Publick Wants and Miseries, rob the Crown of all they could, by a Practice as foul in it self as it was fatal in its Example: For in these Ca­ses, the Law has only an Eye to those who are intrusted, and expects the Town should not be sold, surrender'd, or betray'd by the very Centinels who are set to watch the Gates.

Perhaps these Great Men alledged in their Excuse, That none will serve a Court without Rewards: But our Ancestors thought the Appointments belonging to their Offi­ces a sufficient Recompence; and that Go­vernment grows very costly, when Mini­sters must go away with Ten thousand Pounds per Annum Estate, for Five or Six Years Service. Nor did our Fore-fathers [Page 378] 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 Buckinghams, of former Ages, might very well expect all they got, or could get, if every Day they were making bold Steps, by which they ran a Hazard of their Necks. But in Times when the Laws govern, and when extra­ordinary things are neither expected by the Prince, nor suffer'd by the People, Ministers for their Service ought to be contented with a moderate Reward.

'Tis probable likewise, that when they begg'd those large Grants of former Kings, (for which they were impeached,) they suggested to 'em what immense Summs of Money they had got granted for them by the Commons. But if the true Necessi­ties of the State requir'd it, the Gifts would have proceeded without their ur­ging. Nor do we find that Hubert, Arch­bishop of Canterbury, a good and faithful Servant, got, or was impeach'd for getting Grants, tho' he had obtain'd Eleven hun­dred thousand Marks for the Redemption of King Richard. Besides, our Ancestors never thought that procuring Money from [Page 379] the People ought to commute for robbing the Prince, well-knowing that to be true which my Lord Verulam has since observ'd, that these Men, so dextrous at finding out Projects, and at inventing new Taxes, Life Henry VII. p. 210. ‘Prey upon the People like tame Hawks for their Master, and like wild Hawks for themselves.’

Our Fore-fathers had good Reason to animadvert upon these Proceedings; for nothing more tends to corrupt a Country than the easie way of getting Wealth by the Profusion of a Court. It makes Men abandon the Thoughts of raising them­selves by Virtue and Merit, and reduces a Nation to the State of which Mr. Pym speaks, when he says, ‘There are but few now that apply themselves either to do well, or to deserve well; finding Flattery and Compliance to be the easier way to attain their Ends and Expecta­tions.’

But the Advocates for Male-Administra­tion, and they who give a fair Colour to Corruptions of this Nature, will perhaps urge, that generally the Heirs of such as here are mentioned to have been attainted for these Crimes, have been restor'd in Blood. We grant the Fact to be so; but this is no Argument that they were wrong­fully [Page 380] accus'd or coudemn'd. Perhaps, to make the Punishment extend beyond the Person of the Criminal, is wrong in our Constitution; and that all Restitutions in Blood whatsoever ought to be favour'd: But Families have been restor'd, whose Pa­rents no Man will pretend to justifie. Rot. Parl. 2 Hen. V. Numb. 19. Hamond Belknap was enabled in Blood, 2. Hen. V. and the Family was afterwards fully restor'd, 6 Hen. VIII. And yet no English Man will offer to say, that Belknap did not deserve his Death. The Attain­dures shew'd the severe Justice of our An­cestors; and the Restitutions that came af­terwards, are Signs only, that we are born in a Country where the People are well natur'd, and who cannot long entertain an­gry and revengeful Thoughts, but where Lenity has encourag'd many Persons more boldly to enterprise against the Publick.

Thus far as to what has been done in these Matters. But before we conclude this Section, we shall observe, That other Coun­tries as well as England have relieved the Affairs of the Prince by Resumptions, for which Grotius cites several Authorities. Grotius de Jure Belli ac Pa­cis, L. 2. Annot. ad Cap. 14.Donata etiam ab Emptoribus repetiit Gal­ba, relicta decima. Tacit. Hist. 1. Pertinax etiam à liberis ea exegit quae sub specie vendi­tionis Commodo Principe lucrifecerant. Basi­lius [Page 381] Macedo Imperator repetiit quae Michael Imperator elargitus fuerat. Zonaras de eo: Communi consensu placuit, ut qui pecunias nulla probabili ex causa accepissent, partim totas, partim dimidium redderent. Vide eun­dem Isaacio Comneno de donationibus Lu­dovici XI. vide Serranum Carolo VIII. de ejusdem donationibus, etiam quae Eccle­siis factae, non servatis, Philippum Comi­naeum lib. ix. Marianam vero de donatio­nibus quas Arragoniae Rex Ramirus fecerat, rescissis lib. x. cap. xvi. de Isabellae donatio­nibus rescissis per ipsam xxvii. cap. ii..

The same has been done in Scotland: Dram­mond 's Hist. of Scot­land. p. 27, 28. James the 1st. recall'd all such Lands as had been either alienated, or wrongfully Usurped from the Crown. And also what was wont to be idly given away, as For­feitures, Escheats and Wards, were re­strain'd to the Crown, and kept to the King himself.

And in other Countries, as well as in England: They who deceiv'd or robb'd the Prince, were highly punish'd. Among the Romans, the Crimen peculatus was ac­counted Capital. Crimen Peculatus hoc est Furtum Principis aut Reipublicae. Quisquis igitur in administrandis, aut dispensandis [Page 382] Principum bonis, ita infideliter se gerit, ut eas Pecunias furetur, aut Clanculariis Tech­nis eripiat, aut ad proprium commodum ab u­tatur, aut ad alios certe usus, quam ad u­sum Principis; is puniendus quadruplo, & exilio. Imo juxta multorum sententiam, puniendus est capitaliter, L. unica C. de cri­mine peculat. Cap. de Pec. p. 444. Damhouderii Praxis Rer. Crim. Hujus Criminis Accusatio quinquen­nio durat, ejus poena, aquae & ignis inter dictio, in cujus locum, hodie, successit de­portatio. Wesenbecius ad Leg. Jul. de Pe­culat.

In France, several Persons of the high­est Rank have been Capitally punish'd for Frauds committed in the Princes Re­venue, of which we shall give several Instances.

But First, we shall give a President of a Financier, or Treasurer, who was Ho­nest of his own accord: But Mezeray observes, the Example will always remain singular. Girard de Possi, in the Reign * Mezeray vic. de Phil; Aug. of † Phillip Augustus, had wrong'd his Master of Eleven thousand Marks of Sil­ver; which he refunded into the Exche­quer. Girard de Possi qui manioit les Finances, y remit de son propre fonde [Page 383] onze Mille Mares d' Argent, il est a croire qu'il les avoit gagne avec le Roy mais quoy qu'il en soit, on peut dire que cet Exemple sera toujours unique, & qu'on ne verra jamais de Financier qui le veu­ille suivre. Quelque chose qu'on fasse, ces Gens la iront plustot au Gibet, que de venir a Restitution.

Vie Philip le Bel. In the Reign of Phillip [...]e Bell, En­gherand le Portier, Seigneur de Marigni, rais'd excessive Taxes upon the People, filling his own Coffers at the same time. Il y avoit quatre Cheffs d' Accusa­tion contre luy Davoir altere les Monoys, Charge le Peuple d' Imposts, vole plusieurs grandes sommes, & degrade les Forests du Roy. There were four Heads of Ac­cusation against him. That he had al­ter'd the Coin, loaded the People with Taxes, Robb'd the King of a great Summ of Money, and cut down the Tim­ber of his Forrests. He was try'd by the Peers and Barons of the Kingdom, condemn'd and hang'd.

This Man was succeeded in his Em­ployment by one Peter de Remy Sieur de Montigny, who trod in the Steps of his Predecessor, and was likewise [Page 384] sentenc'd to death in Parliament, in the Vie de Phil. de Valois. Reign of Phillip de Valois. His Con­fiscation amounted to Twelve hundred thousand Livres; a prodigious Sum for those Times. Par Arrest du Par­lement ou se trouverent 18 Chevaliers 25 Seigneurs & Princes & le Roy Mesme, il fust condemne a traisner & pendre, comme Traistre, au Gibet de Montsaucon qu'il avoit fait rebastir: Sa Confiscation montoit a douze cents mille Livres sommes prodigieuse pour ce Temps la.

Vie de Charles 6. In the Reign of Charles the 6th, There was one John de Montaigu, who was a kind of Surintendant des Finan­ces, or what we call Commissioner of the Treasury, whom Mezeray describes to have been a little insolent Fellow; who from a low Degree, and without any great Merit of his own, and only by the King's Favour, was got into great Employments, where giving Of­fence by his Pride and Arrogance; the Great ones, at last fell upon him; and he was Accus'd, Condemn'd and Hang'd. But take the Author's own Words, and his Description of him. ‘C'estoit un homme de mediocre Naissance, fils d'un [Page 385] Burgeois de Paris, que la faveur du Roy, sans beaucoup de merite de son costé, avoit eslevé jusqu'à la charge de Grand Maistre de sa maison, & ses freres, l'un à l'Archevesché de Sens, l'au­tre à celuy de Paris. Ses richesses im­menses, qui ne s'acquierent jamais sans crime, aveuglerent ce petit Homme, & donne­rent dans les yeux des Grands; En sorte qu'il avoit marié son fils avec la fille du Connestable d'Albret, & ses filles à des plus grands Seigneurs du Roy­aume.’

LAST Year there was deliver'd in an Accompt of such Parliamentary Fonds as were deficient, and for which no Provision was made, March 4. 1698/9. The Heads of which are as follow.

[Page 388]

'Tis to be apprehended, this Account is rather increased than diminish'd since last Year; particularly the Interest due [Page 389] upon Exchequer-Bills, and Malt-Tickets will amount to a very considerable Sum▪

Besides which, there are Arrears of several kinds, not yet provided for, which will be reckon'd a Debt upon the Nation.

And over and above all this, a Pro­vision is to be made for the Expences of the current Year.

But the Honour of the House of Com­mons, and the Credit of the Nation seem absolutely engaged to make good several Deficiencies, to which we are not only bound by Publick Faith, which ought to be inviolable, but by direct and express Clauses in Acts of Parliament; so that when a Law has Enacted, That such a Debt should be paid by a prefix'd time, all Ways and Means ought to be thought upon to make that Promise good, not so much for the sake of Cre­dit to go a borrowing with (which Par­liaments can hardly loose) but to keep sacred the Dignity and Majesty of the Common-wealth.

There is no Man will pretend to say, but that the Ways and Means of raising Mo­ny are extreamly difficult. Almost eve­ry Branch of our home Consumption has a Load upon it. Our Foreign Traffick [Page 390] is already more charg'd than can possibly consist wich the Interest of a Trading Country. Three Shillings per Pound, with the strictness 'tis now levyed, is such a Weight, that if it be much long­er continu'd, must, in time, certainly ruin all the less Free-holders, and great­ly hurt the Gentry of this Kingdom.

To lay farther Excises upon the same Commodities, cannot be done without apparent prejudice to the Duties already granted, the same will hold in laying high­er Customs. To charge Land for any long term of Years in times of Peace, is a thing unheard of among our Ance­stor; and tho' past Conduct has made it perhaps unavoidable for some Years to come, yet the People will think them­selves very ill dealt with by their Repre­sentatives, if Care be not taken to lay as few Burthens upon their Land as possible.

Some indeed have been of Opinion that the Deficiencies may be satisfy'd, and that the Debts may be paid by prolonging the Fonds already granted for a further term of time; but others who love their Country, have thought it dishonourable and dangerous, that England should be so long pawn'd, and continue for so ma­ny Years in Mortgage. They think it [Page 391] not safe for our Constitution, nor con­sistant with our Civil Rights, that there should be levyed in this Kingdom, for any number of Years, near four Millions annu­ally, in Customs, Excises, and such like Du­ties, which in some future Reign, bad Mi­nisters may perhaps seize upon, and inter­cept, by stopping the Exchequer, in order to set up an Army, and to subsist without a Parliament: Of this, good Patriots will be always apprehensive, and have therefore ever abhorr'd these long Fonds, which all the Neighbouring Princes round about us have constantly made use of for sub­verting the Liberties of their People.

Some without Doors, have been for trying such wild Projects, as was that of increasing the number of Exchequer-Bills, which indeed was a good Expedient to lull our Creditors asleep, and to quiet Things for the present, while certain Persons might have the Opportunity of doing their own Business, and of Build­ing up their own Fortunes, but the Pub­lick could thereby have reap'd no Bene­fit. On the contrary, this Calm in our Affairs, and the not being press'd by a­ny clamorous demands, would have oc­casion'd and encourag'd still more and more bad Husbandry; and at last, the [Page 392] Debt must have come upon us, with the addition of a heavy load of Interest; be­sides (which is unanswerable) if a War had overtaken the Nation with such a Debt upon it, all due and demandable at a Day, Publick Credit must have sunk at once, upon which would have follow'd Ruin, without Redemption.

Good Patriots will never think England can be effectually reliev'd by any Ways and Means of raising Mony, but such as shall sink part of the Principal Debt, and hinder us from being eaten up by that Canker of Ʋsury, which has been so de­structive to this Government.

Nor will English-men (we mean such of 'em as consider at all) think that Trade can flourish, or that Liberty is intirely safe, 'till our Payments to the Publick are reduc'd to what they were before the War, viz. two Milions Yearly; for this Nation will be ever apprehensive, That such mighty Sums as we now pay, may hereafter, in the Reign of some other Prince, be turn'd against the People, tho' given and granted for their Preserva­tion.

Since therefore the common Ways and Means of raising Money, may be dan­gerous in their future Consequence, or a [Page 393] present Burthen upon the Nation, it im­ports good Patriots to consider whether or no the Necessities of the Government may not be supply'd by the Methods which our Ancestors have so frequently put in Practice. By which we mean, whe­ther or no a Resumption of such Lands in England, and more especially in Ire­land, as have lately been granted away from the Crown, would not be a great Relief and Ease to the People in their Taxes.

If a Resumption can be made without breaking into the Rules of Justice, or without bringing any Reflection upon the King, whose Honour above all things ought to be regarded, and if thereby two Millions can be rais'd, to come in the room and place of a Land-Tax, very few People will think it strange for the Le­gislative Authority to ▪exert it self in a matter so much for the Common Ease and Benefit: And where the Publick is so deeply concern'd, but very few Persons will consider or consult the private Inte­rest of such as have procur'd the Grants. Therefore in handling this Subject, we shall endeavour to examin into, and state these following Points.

[Page 394] I. How far it is consistent with the Honour of a Prince to desire and pro­mote a Resumption by Act of Parlia­ment.

II. What Interest the People of Eng­land have in the Lands granted away, and especially as to the forfeited Estates in Ireland.

III. How far in an Act of Resumption it is just and reasonable to look backwards.

1st. How far it is consistent with the Ho­nor of a Prince to desire and promote a Resumption by Act of Parliament. There is nothing more evident in our Histories, than that the most magnanimous of our Kings have been the most free in confirm­ing to the People their Antient Liberties, Magna Charta, as it is now deriv'd down to us, was modell'd by Henry the 1st, a Math. Par. fol. 74.Prince famous for his Military Virtues, which was confirm'd by Stephen, a King active enough in the Field. This Sheet-Anchor of our Liberties, was yet more strengthen'd by Edward 3d, as Renown­ed as any of our Kings for Personal Va­lour and Victories abroad. That, which [Page 395] heretofore by Flatterers and Corrupt Mi­nisters has been call'd Prerogative, was never insisted upon, but by weak and ef­feminate Princes, who desir'd that their Immoderate Appetites of doing Ill, might be justifi'd and strengthen'd by more Pow­er than was allow'd 'em by the Laws. Magnanimous Kings have always thought, That the Royal Prerogative consisted chief­ly in the Power of doing Good to so ma­ny Millions of Men, who depend upon their Wisdom and Courage. Henry the 4th, that Heroick Prince, who obtain'd the Crown by his own Personal Merits, was so far from thinking his Prerogative in­jur'd by Acts of Grace and Favour, by which good Government might be pro­moted, that he himself desir'd of the House of Commons, that his whole Privy Council might be named and Esta­blished Rot. Parl. 7, & 8. Hen. 4. Num▪ 31.in Parliament. Et rehercea outre coment l'Erceveqe de Canterbirs lour avoit fait report qe le Roy vorroit estre conseilez per les pluis sages Seignours du Royalme, les­qeux deussent avoir survieu de tout ceo qe se­roit fait pur la bone Gouvernance de son Ro­yalme. A qel cbose faire, le Roy sagrea, & rehercea per son bouche propre qil fuist savo­lonte entier. Et sur ceo, fust lue une Bille fait per le Roy mesme, & de sa volonte pro­pre, [Page 396] de les noms des Seignours qi seront de son Conseil. Afterwards the Privy Coun­sellors are actually nam'd in the Bill, and the Lord Chancellor, Lord Treasurer, Pri­vy Seal, and other great Officers are there­in directed, to act nothing of Importance, without the concurrent Advice of the rest of the Council, Et qe Billes a endorser per le Chambrelayn & Lettres dessous le Sig­net de nostre dit Seignour le Roy a Adressers & autres Mandements a doner as Chancel­ler, Tresorer & Gardien du Privee Seale, & autres Officiers qeconqes, desore en avant, en tielx Causes come desuis, seront endorsez ou faitz per advys du Conseil. Et qe les dits Chanceller Tresorer & Gardien du Pri­vee Seale, & autres Officiers, ne facent en tielx Causes si non per advys du dit Consil. The King goes on farther, and desires his own Authority may be circumscribed in several Points; and yet when he made those Concessions, he was neither in his Nonage, nor did he doat, nor was he press'd by any Insurrection of the People; and '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 wholsome Laws and good Government, who had [Page 397] given him the Crown, and who had been at such Expences to support his Title.

Magnanimous Kings have not only been Favourers of Publick Liberty, but they have likewise been frugal of the Peoples Money, as appears in the Instances of Henry the 1st, Henry the 2d, Edward the 1st, Henry the 4th, Henry the 5th, Hen­ry the 7th, and Q. Elizabeth; which shows how wrong their Notion is, who think Wise and Thrifty Princes dangerous to the Freedom of a Country, whereas profuse Kings, such as John, Henry the 3d, Ed­ward and Richard the 2d, did not ouly waste the Nations Treasure, but every one of 'em compell'd the People to fight Pitch'd Battles, in defence of their Civil Rights.

Gallant Princes desire to make the Peo­ple easie. Henry the 4th of France, our present King's great Grand-Father, said once, he hop'd to order Matters so, that every Man in his Kingdom should have a boil'd Capon to his Dinner. None of the Apothegms utter'd by great Men, and so much commended by the Antients, could become the Mouth of a King so well, as this Noble and Well-natur'd Saying. 'Tis probable, had he liv'd, he would have [Page 398] brought it about; which if he could have done, 'twould have been a nobler Tro­phey to his Fame, than all the Victories he had obtain'd. The Honour of a King consists chiefly in doing good to the Uni­versal Body of his People, and the Pub­lick Welfare is to weigh with him above all other Respects. He is often to divest himself of the narrow Thoughts which sway among private Men; and he can hardly be a good Ruler unless he does now and then in his Politick, what he would not do in his Natural Capacity. He is a Person intrusted by the Common-Wealth, and what he acts in discharge of that Trust, cannot be call'd dishonourable.

The Commons in the Resumption, made 1 Hen. 7. tell the King in their Bill; It is for his own Suerty, Honor and Weal, and for the Ʋniversal Weal, Ease, Rest, and Suerty of his Land, the which he ought to prefer before the Favour of any Person, or any Place, or other thing Earthly. The same Words made a part of the Preamble in most-of the other Bills of the like Nature, by which it appears to have been the con­tinu'd Sense of our Ancestors, that the Reputation of a Prince was never injur'd by Acts wherein the Ease and Relief of his People was consulted: 'Tis true, such a [Page 399] Minister as the Chancellor de la Pool had other Sentiments, and gave Advice of a­nother kind, being willing to countenance his own Depredations by the Example of others: Such as he may engage the King's Honour in the Protection of their Crimes, so to shelter themselves under his Wings, and pretend things lessen his Fame, which will only lessen their Estates: But good Ministers have always thought that nothing could more hurt the Reputation of a Prince, than to be reduc'd by Pro­fusion to Courses, by which his Country must be opprest with Taxes. 'Twas a common practice with the Duke of Sully, to obstruct and often to vacate his Masters Gifts and Grants; yet this great Man was sufficiently jealous of his Princes Fame. In Spain, Henry the Amirante, Pacieco d' Ascolone and Henry de la Fortuna, three Grandees, had obtain'd of Ferdinand, each of em a Million of Livres of Gold, charg'd on the Revenue of Peru, and should have receiv'd it at the Return of the Plate-Fleet, but Cardinal Ximenes ut­terly * Bandier le Ministere du Card. Ximenes.annulled these immoderate Gifts, tho' de la Fortuna was the King's own Kins­man, saying; The Revenue of Princes, tho' great in it self, is always too little for the Necessities of the State. And notwithstand­ing [Page 400] the Spanish Punto of Honor, we do not find this Proceeding resented by King Ferdinand. Before his Greatness was so establish'd, seeing a very disadvan­tagious Farm of the Silks of Granada let for Ten Years, by the Advice of Don Manuel the Treasurer, to which the King had consented, and which was offer'd at Council to be seal'd, he took the Charter and tore it pnblickly (of which the Pieces are kept among the Records of Arcala, as a Memorial of this Ministers Courage and Integrity) saying, Salto, Don Manuel, were you not my very good Friend, the King should cause your Head to be taken off: Dare you make Grants so prejudicial to the State? Nor did Phillip the 1st. take it ill that his own, and his Favourites Doings were thus revoked.

We agree that Princes in all their A­ctions are to consider Fame, because O­pinion is one of the main Pillars to sup­port their Authority. But let any rea­sonable Man answer, Is it not more glori­ous for a Prince to let the whole People under his Reign, enjoy Ease and Plenty, without new Impositions and Duties, than to enrich a few Minions and Favourites, with the Spoils of a whole Country? A Prince thirsting after present or future Re­nown, [Page 401] whose Example would he desire to follow? That of Henry the 4th, who by his Frugality brought the Crown of France out of Debt; or that of Henry the 3d, who harrass'd his whole King­dom to build up four or five great Fami­lies, whereby he got no more than to leave behind him so many conspicuous Monuments of his Weakness.

No doubt it has heretofore been thought injurious to the Reputation of a Prince, to be urged by clamorous Debts, to suffer many thousands of miserable Per­sons to want what is their due; to have his Troops unpaid, and his Sea­men in vast Arrears, and to let his me­nial Servants starve, first by retrenchments, and then by being without their settled Wages and Allowances.

These are truly Blemishes upon a Prin­ces Glory, and were represented as such, by the Commons of England, assembled in Parliament, 28 Hen. 6. when they▪ made Application, That these Reflections might be taken away, and that these Grievances might be redress'd; and affirm'd at the same time, That they could not grant any Aid, unless the King would actually resume what had been obtain'd from the Crown by Importunity or Sur­prize, [Page 402] upon false Suggestions, or by Con­trivance among the Great ones.

Seldom any Prince has miscarry'd in his Fame or Fortune, who has constant­ly pursued the Publick Good; and who has directed all his Counsels to his Coun­treys Ease and Benefit; but History is full of their Troubles and Disasters, who have obstinately adhear'd to a few, against the whole, and who have confin'd to par­ticular Objects, that Affection which ought to be extended to the universal Bo­dy of their People.

What was done by Henry the 1st, Henry the 2d. and by that Hero Rich­ard Cordelyon? What was done by that Conqueror of France, Henry the 5th? What that Spirited and Martial Prince, Edward the 4th, desir'd his Parliament in a Speech from the Throne, to put in Execution, and which he thanked them afterwards for doing, can never be thought dishonourable in any other King; and among English Men, a Prince will ne­ver suffer in his present, or future Re­nown, for treading in their Steps, and following their Examples.

[Page 403] And without doubt, these Noble and Warlike Princes did not think the Regal Power at all impair'd, by giving Way to the Resumptions which were made du­ring their Reigns; for in all these Ex­ercises of the Legislative Authority, Lords and Commons do but act subser­viently under a King for his Profit, Grctiu s de Jure Belli ac Pacis. l. 1. Cap. 3. Num. 18. which Grotius very finely thus Illustrates. Multum falluntur qui existimant, cum Re­ges Acta quaedam sua nolunt rata esse, nisi a Senatu, aut alio Coetu aliquo probentur, partitionem fieri potestatis: nam quae Acta eum in modum rescinduntur, intelligi de­bent rescindi Regis ipsius Imperio, qui eo modo sibi cavere voluit, ne quid fallaciter impetratum, pro vera ipsius voluntate ha­beretur.

2dly. What Interest the People of Eng­land have in the Lands granted away, and especially as to the Forfeited Estates in Ireland. As to Lands appertaining to the Imperial Crown of England, and of its Antient Demeasnes; 'tis not at all clear that they can be alienated, the Fun­damentals and general Grounds of Go­vernment consider'd. Grotius is directly Lib. 2. Cap. 6. Num. 1 [...]. of this Sentiment. Patrimonium quoque Populi, cujus fructus distinati sunt ad su­stentanda [Page 404] Reipublicae aut Regiae dignitatis onera, a Regibus alienari, nec in totum nec in part [...]m potest. Nam & in hoc jus majus Fructuario non habent. And to for­tisie his own Opinion, he produces ve­ry many great Authorities. But we shall take notiee of some he has not menti­on'd. Hotman is clearly of Opinion, Hotman. de J [...]r. Reg. Gall. T. 3. Col. 139. That the Kings of France could not alienate the Demeasnes of the Crown. Itaque Anno cio ccc xcix. cùm Rex Ca­rolus comiti sampaulino particulam quan­dam sui domanii donasset, Senatus Parisi­ensis pro vetere veteris trium statuum Par­lamenti jure intercessit: ac pronuntiavit, Regii dominii diminutionem nullius esse momenti, nisi cujus auctor Senatus ille Pa­risiensis fuisset: Quod▪ decretum Paponius inter arresta sua retulit, lib. 5. tit. 10. u­bi alia complura generis ejusdem Senatus consulta commemorat. And a little lower, Quae sanè lex Reipublicae per quam utilis est ad regii dominii conservationem. Quia tum demum ad tributa & indictiones extra­ordinarias, quibus plebs oneratur, decurri tanquam ad subsidium solet, cum illud do­minium Col. 140.regium exhaustum est. And again, Jus Regum Francorum ita constitutum est, ut non infinitam & immensam regno at­que imperio suo abutendi potestatem haberent, [Page 405] 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, Ʋt tutelam sic procurationem Reip. ad uti­litatem eorum, qui commssi sunt, non ad eorum quibus commissa est, gerendam esse.

But as we have noted in the pre­cedent Section, this Point is become more doubtful, since the late Act for declaring the Rights and Liberties of the Subject; which Act absolutely condemns those Clauses of non Obstante, whereby these Alienations were formerly support­ed; and such Clauses being condemn'd, there are strong Reasons to think, that the Act 11 H. 4. which clearly prohibits such Grants, is now return'd to its first Force and Vigour. However let this Mat­ter stand as it will, we shall probably make it appear, That the Lands in Ire­land (which the People of England have within a few Years repurchased with so much Blood and Treasure) are quite upon another Foot.

[Page 406] Lib. 3. Cap. 6. Num. 10. Grotiuus affirms, 'tis the Law of Na­tious, Ex Jure Gentium, That the Lands of the Vanquish'd should go to the Con­quering People. Ex quo gentium Jure Scipio agit [...]um Masinissa apud Livium: Syphax Populi Romani Auspiciis victus Captusque est. Itaque Conjux, Regnum, A­ger, Oppida, homines qui incolunt, quic­quid Syphacis fuit, Praeda Populi Romani est. What he terms the Law of Nations is all the highest Result of Reason; for is it not just that what is gain'd at their Expence should belong to them? Hot­man, putting the Case how it should be, if the Lands to be given away are newly Conquer'd, says, Hotman. Quaest. Il-Iust. T. 1. Col. 850. Restat pars ultima, cùm armis & Bello regnum quaesitum est. Nam cùm armis Principis partum atque in ejus ditionem redactum sit, consentaneum videtur, ut de eo statu­ere arbitratu suo possit. Sed cum eam di­tionem solus ac per se non adquesierit, sed civium suorum sanguine, laboribus periculis, non alienum videtur regulam juris Civilis sequi, ut quod communibus multorum labo­ribus quaesitum est, non nisi communi eo­rum Consilio & consensu alienari possit. The Romans were so strict in this Point, that to intercept any Spoils gotten in War, was accounted robbing the Pub­lick. [Page 407] Modestinus the Lawyer says, Is qui Praedam ab Hostibus surripuit Peculatus Lex penult. digest. ad leg. Jul. Pe­culat. tenetur. Gellius takes notice, that Cato in an Oration he spoke, concerning Spoils, complain'd in vehement Words, Gellius Lib. 11. Cap. 13.That poor Thieves were manacled in Fetters, but that the Publick Robbers shin'd in Gold and rich Attire. Fures Privatorum Furtorum in nervo atque com­pedibus aetatem agunt, Fures Publici in Au­ro atque Purpura. Indeed, if a Prince makes the War at his own single Charge, Lib. 1. Cap. 3. Num. 11.(as Grotius observes in another Place) Fieri potuit ut Rex ex sua privata sub­stantia Exercitum aluerit. In such a Case he alone will have a Right to the Con­quer'd Country.

And this is so true, that if William the Norman had been able by his own Strength, and at his particular Expences, to have made the Conquest of England, according to the Law of Nations, he must have had this Kingdom in Patri­monio▪ with as absolute Dominion in it, as the Eastern Princes can pretend to.

But the Case being quite otherwise, and he not able to bear the whole Charge, he took to his assistance several Barons of his own Dukedom, and some great Men of other Countries, who were joined with [Page 408] him in the Adventure, to whom, as the Recompence of their Service, he first promis'd, and afterwards made sun­dry Concessions, and granted many Pri­viledges: But still with all this assi­stance he could not quite subdue the Natives, with whom he was compell'd to make Compacts, from which Con­cessions and Compacts, it comes that we continue still to be a free People, not­withstanding this pretended Conquest.

In the same manner, if Henry the 2d had Conquer'd Ireland with only the Revenues of the Crown, without any Aids from his People, that Kingdom had been his own, 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 Antient Constitution of the Coun­try; in another, his Power may be cir­cumscribed and▪ limited by Law: One Kingdom he may hold by Election, and another by the Right of Succession. He [Page 409] may have a Kingdom of his own Ac­quisition, which shall be as it were his * De Jure inter Gentes P. 1. Sect. 3. R. Z.own private Patrimony. A Principibus aliquando Regna vel Territoria pleno Jure habentur, ita Strabo tradit Cytheram, In­sulam Toenaro objacentem, fuisse Euriclis Lacedaemoniorum Principis, privato ipsi­us Jure. And the same Right would Henry the 2d have had in Ireland, if he had made the Acquisition by his own Sword and Bow, and by Troops paid out of his own Purse; but because the Kingdom was conquer'd at the ge­neral Expence of England, the Com­monwealth here has always took it self to have an Interest to bind that Kingdom by Laws, to inquire into the Admini­stration of it, as Parliaments have several times done, and to extend the Acts of Resumption as well to Ireland as to Eng­land, constantly believing that Island to have been an Acquisition to the Crown, not of any King's own Making, but pur­chas'd with the Labour and Blood, and at the common Expence of this Nation, which in several Expeditions and Wars to quiet 52 Rebellions, has expended five times more Treasure than the Fee Simple of all Ireland is worth.

[Page 410] The Writer of these Papers is not at all afraid or asham'd to offer at Ac­compts, tho' a certain Person did please to say (but without any Proof then or afterwards) that in one Computation we were mistaken twenty Millions.

[Page 411]

The Peoples Right to the Forfeited Estates in Ireland, to dispose of 'em in Parliament, either for the Service of the current Year, instead of a Land-Tax, or to make 'em a Fond towards paying off the Deficiencies, is grounded upon this Sum of Four Millions, which has been levyed in England, and expended upon that War.

Where the Honour of the Prince, and the Honour or Interest of the Nation are concern'd against a Foreign Enemy, most [Page 412] certainly we are to give necessary Aids and Subsidies without prospect of reap­ing any other Fruit from our Expences, than Fame and Safety; but when England has to do with its own Subjects, and that they can be brought to pay part of the Reckoning, it would be very hard if all this should be intercepted from the Publick, and that we should waste our Blood and Treasure, only to enrich a few private Persons.

From the time of Henry the 2d. Ireland has almost constantly been made to con­tribute something towards its Conquest or Reduction. In the very beginning, Vide Dr. 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 a-foot, and a new▪ Partition of Lands was made, and King Hen. 2d stands himself in the Front of the Adventu­rers, with Hugo de Lacy, William Fitz Adelm, Humphrey de Bohun, Sylvester Giraldus, Cam­brensis, who was Tutor to the young King Vide Roge­rus Hovi­don. John, and others. In the distribution of these Lands, the Service of so many Knights [Page 413] was reserv'd to the King in the Grant of each Estate. Hugo de Lacy Lord Lieute­nant, sold several Estates there, which Sales Philip of Worcester, his Successor, re­voked. Nec mora revocato Hugone de La­cy, 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 Lacy 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, concern'd 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 carryed on by Mo­ney subscribed here▪ with a view, that the Subscribers should have the Lands Con­quer'd and forfeited, which afterward, part­ly they had and the rest was devided a­mong the Soldiers in satisfaction of their Debentures.

In our present Case the War was not either begun, or carry'd on at the Ex­pence [Page 414] 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 look'd 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 destributed among Adven­turers, or sold towards defraying the Charges of the War; for if England is to be at all the Expence, 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) [Page 415] nor in all likelyhood 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, Sed 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 di­stinguish'd. 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 Expence. But the Case is quite otherwise when a whole Nation rebels, and when that Rebellion is to be suppressed at the infinite Expences of the People, it seems [Page 416] 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 publick 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 Pub­lick Revenues: We shall therefore exa­mine whether this Right is any way lost or laps'd for want of putting in a Claim. If the Nation had sate still while these Grants were making, and done nothing which look'd 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 desir'd 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 Accompt of what has been from time to time done in Parliament in relation to this Affair.

[Page 417] 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. Sollici­tor Reports from the Committee the following Resolution.

Resolv'd, that 'tis the Opinion of this Committee that towards the raising the Supplies to be granted to their Majesties the Summ of Ten Hundred Thousand Pounds be rais'd upon the Credit, or by Sale of the Forfeited Estates in Ire­land.

The Resolution being read a second Time.

Resolv'd, nemine contradicente, that this House doth agree with the Com­mittee, in the said Resolution.

Lunae 20. Die Oct. 1690. Resolv'd, 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.

[Page 418] Mereurii22. Die Oct. 1690. Resolv'd, 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 resolv'd itself into a Committee of the whole House to consider of the said Bill.

Veneris 19. Die Dec. 1690. Mr. Solici­tor reported the Bill. Resolv'd, nemine contradicente, that the said Bill, with the Amendments be engross'd.

Martis 23. Die Dec. 1690. Resolv'd 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 adjourn'd to the 31st of [Page 419] March, and so by short Adjournments till the following Year. But before the Recess his Majesty was graciously pleas'd, 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. Order'd 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.

Order'd 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 &c.

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 order'd a second Reading.

[Page 420] 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 resolv'd it self into a Committee of the whole House, &c. Mr. Palmes 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. Palmes Reported the Amendments made by the Committee to the Bill for vesting the For­feited Estates in England, &c. which were read and agreed to by the House.

Several Clauses or Savings were offer'd and agreed to. Among the Rest, that nothing in the Bill contain'd, should ex­tend to Grants made to the Earls of Mon­mouth and Torrington.

Order'd, That the Bill with the A­mendments be engrossed. Mr. Palmes 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 [Page 421] Bill, and several of them were read a se­cond time, and agreed to, &c.

Martis 9. die Feb. 1691. The House proceeded in the further Consideration of the Report, &c.

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 vertue 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 offer'd 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. Order'd, That the Bill with the Amend­ments be engross'd.

Veneris 12. die Feb. 1691. An En­gross'd Bill for vesting the Forfeited E­states in England in their Majesties to the use of the War, was read the third time.

[Page 422] Riders offer'd and agreed to. Resolv'd, That the Bill do pass.

Order'd, That Mr. Palmes do carry the Bill to the Lords, and desire their Con­currence.

An Engross'd 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. Resolv'd, That the Bill do pass.

Ordered, That Mr. Palmes do carry the Bill to the Lords for their Concurrence.

Note▪ In the Bill relating to the Irish Forfeitures, there was reserv'd to their Majesties 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 serv'd in the Wars in Ireland, in Person there, and to no other Person or Persons whatso­ever.

During this Sessions, Proposals were of­fer'd for raising Money upon the forfeited Estates.

Jan. 1st. 1691. Resolv'd, That a Com­mittee be appointed to receive Proposals for raising Money upon the forfeited E­states in Ireland, and it is referred to Mr. Smith, &c.

[Page 423] Martis 26. die Jan. 1691. Order'd, That the Committee, to whom it was referr'd 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. Order'd, That the Report of the Committee appointed to receive Proposals, &c. 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 pass'd 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 pray'd.

And for asmuch as the Reducing of Ire­land hath been of great Expence to this Kingdom, We humbly beseech your Ma­jesty, That (according to the Assurance Your Majesty hath been pleas'd to give [Page 424] 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 Accompt 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.

The Year following the Matter was a­gain reviv'd, and other Bills brought in of the same Purport with the former.

Veneris 12. die Jan. 1693. Order'd, 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.

[Page 425] Mercur. 24. die Jan. 1693. The Ho­nourable Henry Boyle 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, &c. was read the second time.

Resolv'd, That the Bill be Committed to a Committee of the whole House.

Martis 27. die Feb, 1693. The House resolv'd it self into a Committee of the whole House to consider of the Bill for vesting the forfeited Estates in Ireland, &c.

Mr. Boyle reported from the Commit­tee that they had made some Progress, &c. and desired leave to sit again.

The House resolv'd it self into a Com­mittee of the whole House to consider fur­ther of the said Bill.

Mr. Boyle reported from the Commit­tee that they had made a farther Pro­gress &c, and desired Leave to sit again.

This Sessions a Commitee was like­wise appointed to receive Proposals con­cerning these Forfeitures.

[Page 426] Veneris 12. die Jan. 1693. Sr. Rowland Guin reports from the Commitee ap­pointed to receive Proposals concerning the Forfeitures in Ireland, and likewise for securing the Protestant Interest there.

The Proposals receiv'd by the Com­mittee may be seen in the Journals of that Year from Fol. 314. to Fol. 324.

December 3, 1694. A Bill was presen­ted to the House, to vest the forfeited Estates in Ireland in their Majesties, read. And read again a second time, 10 die Decem. 1694.

Anno, 1695. A Bill was presented to the House, to vest in the Crown all forfeited Estates in Ireland. And to va­cate all Grants made thereof. 11 die Feb. 1695. Lecta 1 vice.

Anno 1695. A Bill was presented to the House to vest in the Crown all for­feited Estates in England, and to vacate all Grants made thereof. 11 die Feb. 1695, Lecta 1. vice.

Anno 1697. A Bill was presented for vacating all Grants of Estates and other Interests in Engl. and Irel. from the Crown during the Reign of the late King Charles the 2d. And for appropriating the same to the use of the Publick. 12 die Feb. 1697. Lecta 1 vice. 25 die Feb. 1697. Lecta 2. vice.

[Page 427] Anno ditto. A Bill was presented for vacating all Grants of Estates and other Interests in England and Ireland, from the Crown since the 13th. day of February 1688. And for appropriating the same to the use of the Publick. 12 die Feb. 1697. Lecta 1. vice. 25. die Feb. 1697. Lecta 2 vice.

Anno ditto. A Bill was presented for vacating all Grants of Estates and other Interests forfeited in Ireland since the 13th of Feb. 1688. And for appropri­ating the same to the use of the Pub­lick. 9 die Feb. 1697. Lecta 1. vice. 12 die Feb. 1697. Lecta 2. vice.

Anno 1698. 9 die Maii. A Bill was presented for granting an Aid to his Majesty by an imposition upon Benefi­cial Grants and other things therein mention'd. 10 die Maii Lecta 1 vice. 11 die Maii Lecta 2 vice.

Thus we have shewn a continued Se­ries (the Year 1696 excepted) of Bills or Adresses from Year to Year relating to this matter; so that if the People of England have any Right or Interest in these Lands and Forfeitures, it has not been lost or lapsed for want of putting in their Claim.

[Page 428] 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 Antient Consti­tution, which all sides will agree to have been form'd with admirable Gravity and Wisdom. In the present Question we shall therefore see (as far we can find in old Histories, or in the Records) how our Forefathers proceeded in Acts of the like Nature, for which we have recited our Authorities in the third Section.

Henry the 1st. resum'd such Lands as his Brother Duke Robert, who was an easy Prince, had bestowed in Normandy upon undeserving Persons. But we do not find he touch'd upon any thing that had been done by his Father, or by William Rufus.

Stephen was press'd by the Nation, as well as by Henry Fitz Empress, to resume only his own Grants.

Henry the 2d. resumed the Grants of Stephen, but the matter had been agreed upon in the preceeding Reign.

[Page 429] Richard the 1st. did only resume the Alienations he himself had made.

Henry the 3d. was perswaded by his Barons to resume what had been gran­ted away by King John his Father, a Prince so profuse, that in a manner he had quite undone the Nation.

The Resumption made by Edward the 2d. had relation only to what was done in his own Reign,

In the Reign of Richard the 2d. the Commons indeed pray that the Gifts of Edward the 3d. to unworthy Persons might be look'd into, which perhaps was done in respect of the dotage and Weak­ness this great Prince fell into the last Ten Years of his Life. But what had been worthily bestowed was to be con­firmed.

In the Reign of Henry the 4th. the Petition of the Commons was, that the Resumption might look as far backward as the 40th of Edward the 3d. and therefore we see it came to nothing, and only ended in taking the Profits of all the Lands and Pensions granted for one Year.

The Resumptions made in the Reign of Henry the 6th. extended only to the first Day of his coming to the Crown.

[Page 430] 'Tis true, the Commons in their Pe­tition to Edward the 4th. pray that the Resumption might extend to the Reigns of all the three Henries, and the Act pass'd accordingly: But we may plainly see this was chiefly done to condemn their Titles to the Crown; And the Resum­ption retrospecting so far, was found so impracticable, that in the 3d. and 4th. of his Reign, a new Act became necessa­ry, which look'd no further backward than the 4th of March, in the first Year of his own Reign.

The Resumption made by Henry the 7th. does indeed look as far backward as 34 Hen. 6. and so takes in the Grants of Richard the 3d. and Edward the 4th. But because there passed four several Acts of the same Nature in the Reign of Edward, we may presume that this long Retrospect could not affect any con­siderable number of Families, and that it was chiefly level'd at those who by Power and Interest in Edward's Reign still kept the Crown-Lands, and who perhaps, by new Grants from Edward and Richard, had defeated the Inten­tions of former Parliaments.

The Reader may see, that in these Resumption most of the Presidents reach [Page 431] only to the present, or to the Reign im­mediately preceeding, which is conso­nant to the Laws of all Nations, that have prefixt some limited time, after which Men should think themselves safe and quiet in their Possessions.

They without Doors who have de­sir'd that forfeited Estates of Ireland might not be look'd into, have endea­vour'd to obst ruct the good Intentions of the Parliament, by crying we are willing to Resume, provided you will go far enough backwards: We shall join in it if you will take in all the Grants since the Restoration of King Charles the Se­cond. But few are so short sighted as not to see into this Artifice; such as are for making their Resumption so large, desire none at all, and would en­gage a great many different Titles to oppose it.

If it could possibly consist with the Rules of Justice, if to do so would not produce unspeakable Disorders, if it would not utterly ruin a great number of Families, no doubt, the Publick la­bouring under so many Debts, and Difficulties, such a general Resumption would be advisable, all which are strong [Page 432] Objections to the making it so exten­sive.

To which may be answer'd, that the same Inconveniences will happen by re­suming the Irish Forfeitures; we shall therefore try to shew how the Cases differ.

But to clear these Points we must re­peat some things that have been laid down in the foregoing part of this Dis­course.

That the Kings of this Realm have always prescribed a Power of alienating the Crown-Revenue by their Great Seals.

That it would not have been conve­nient in the beginning of this Consti­tution to have bound up the Prince's Hands from all kind of Alienations, for then, by Forfeitures and Attainders, in process of time, the King would have been Lord of the whole Soil.

That however, Parliments by Peti­tions, Bills or Acts of Resumption, have all along laid in a claim of the People's Interest in this Revenue, especially when the Grants were become exorbitant.

That the Wasts committed upon the Crown-Revenue produced at last [viz. [Page 433] 11. Hen. 4.] a positive Law porhibiting these sort of Alienations.

That the force of the Law was eva­ded by Clauses of non obstante incerted in the Letters Patents.

That these Clauses seem condemn'd by the late Act for declaring the Rights and Liberties of the Subjects.

When King Charles the 2d. came in, the Doctrine of the Court was, sow a little that you may reap much, and they who were then intrusted with the Na­tion's Purse, were themselves for diving into the Princes Pocket. And at the same time the Doctrine of Westminster Hall was to advance the Prerogative as high as possible; thus the King was per­swaded to give away the greatest part of his Crown Lands, and by the Pro­ceedings of Westminster Hall the People were encouraged to think such Grants were good in Law, the Courtier begg'd and the Citizen bought, so that imme­diately he was in a manner divested of all, and yet they who had suffer'd for him and his Father, were few of 'em the better for all this immoderate Bounty.

These Liberalities of his were not be­stow'd as the Recompence of antient Me­rit, [Page 434] but were often the Price of Trea­chery, and the Rewards of Vice. And as Cyrus observ'd, that in Camps the most worthless Souldiers are the busiest to get Plunder, so the same thing may be said of a Court expos'd to Spoil, the worst Men in it are the most ravenous and generally make the best Advan­tages.

The Observation we have now made, did apparently hold true as to King Charles's Court; however ill-gotten Goods seldom thrive, and very little of what was thus obtain'd remains with the first Possessors, but is now dispers'd into a Multitude of Hands.

Though what he did was so preju­dicial to the Crown yet such was then the flourishing Condition of our Affairs, that we could bear▪ a great deal of ill Management. Besides some were glad enough to see a young Prince necessi­tated to depend upon his People, who was apprehended to meditate arbitrary Power. But whatever govern'd the Councels of those times, certain it is that there was no actual Bar put in the Way of his destructive Bounty.

'Tis true (as we have noted in the third Section) 'twas complain'd of, but [Page 435] all ended in an Address which had very little in it of the Spirit which our An­cestors had shewn upon the like Occa­sions.

Leave was given at the beginning of that Reign to bring in a Bill of Re­sumption; A Bill was twice read, to regulate and restrain such Alienations, and an Address was thereupon made, but no consequence following upon all this, the People of England had reason to believe that the Parliament acquiesced in what was done at Court.

The matter did not only Sleep then, but was not, as we can find, afterwards reviv'd, and for many Years it was hardly mention'd in the House of Com­mons, insomuch that Estates, though so newly deriv'd from the Crown, came in a short space of Time to bear almost an equal value with any other sort of Land.

But if, as in ancient times, such a Pro­ceeding of the Court had been com­plain'd of from Sessions to Sessions, if, as heretofore, the Ministers that procu­red the Grants, had been impeach'd, if Bills of Resumption had been frequent­ly offer'd though rejected, such Motions would have been some Warning to [Page 436] the Nation, the Purchasers would have look'd about 'em, every Man must have known the Hazzard he was to undergo, and he can only accuse himself, who will run into it, when before hand he is acquainted with the Danger.

But the Legislative Authority conti­nuing so long silent in the matter, and the Lawyers of those times making no Objection to Titles of this Sort, depending upon their Ex certa Scientia, mero Mor­tu, & Gratia speciali, and yet more up­on their Clauses of non obstante, the People were induced to think they might as safely make these as any other Sort of Purchases.

Hence it was that what belong'd to the Crown but so lately, came to be a matter of Publick Traffick among the People, insomuch that the whole Fortune of very many Families is therein em­bark'd.

What Cato said is indeed true, if rightly distinguish'd, that there ought to be no praescription against the Publick. Plut. vit. Cat.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 [Page 437] to the Publick, and at the begin­ning were Possessores mala Fide, which length of time ought not to purge. But in a mixt Government, if one Part of the State suffers the other Part to alienate what the whole have an Interest in, and if the said Part had power and Opportunity to make an Opposition, and yet made none, it implies such a Consent as according to the Law of Nations, and the Rules of Justice, ought to indemnifie to all Intents and Purposes the Possessor bona fide, and the Purcha­ser upon a valuable Consideration. Gro­tius Dc Jure Belli ac Pacis. l. 2. Cap. 6. n. 10. speaking upon Alienations says, * In­consulto vero Populo Rex id non potest, si maneamus inter terminos naturales: quia juris temporarii, quale est Regnum electo­rum, aut lege succedentium ad Imperium, effectus nisi temporarii esse non possunt: potuit tamen Populi, ut expressus consensus, ita tacitus consuetudine introductus qualem nunc passim vigere cernimus, id jus Regi­bus tribuere. And a little before. * Sub­scribere Ibid. n. 8.non possumus Jurisconsultis, qui ad Regulam de non alienandis Imperii par­tibus, adjiciunt exceptiones duas, de publi­ca utilitate, & de necessitate: nisi hoc sensu, ut ubi eadem est utilitas communis & Corporis & Partis, facile ex silentio▪ [Page 438] 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, [Page 439] to wit the Publick Revenues, but this claim ought to be made within some moderate Compass of Time, so as not to produce any distraction or disturbance in Men's Titles and Possessions. For o­therwise such a Claim will occasion more Disorders than it can propose to re­medy.

But when it has been forborn too long, and when the People have been suffer'd to imagin that the Circumstances of the time admitted of a such a Profusion, or that their Representatives have acted upon some Reason of State, and that they did not resume because '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 proceedings, and when upon all these Presumptions private Men have gon on for many Years to buy and sell in the way of their common Business, to come after­wards with Cato's Rule and say, There is no praescribing against the Publick would be unjust and dangerous.

Sylla made strange Alterations in the State of Rome, in its Governments, Ma­gistracies, and also in the Properties of Men; however the Senate had submit­ted, [Page 440] and in a tract of Time the People was accustomed to these Establishments; but Cataline and his Accomplices, not out of Love to the Common-wealth, Vit. Cic.(as * Plutarch notes) and rather to inno­vate in things, and to find matter for Civil War, would change what was already fix'd; but Cicero and the best Citizens of Rome, thought the Mischief had taken too deep a Root, that to al­ter what had been done some Years be­fore, and which concern'd so many, would alarm and affect too great a num­ber of Persons, therefore the good Pa­triots of that Age would not consent to break into the Acts of Sylla

In the same manner most certainly King Charles acted against the Trust of his high Office, in permitting such a Spoil to be made of his and the Nations Revenue, but no good Man who loves the Peace and Quiet of his Country would desire to unravel what has been done so many Years ago, and in which so many Thousands are concern'd. The Evil is grown too big for Correction, '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 [Page 441] was to take Care of the Body Politick have suffer'd the Distemper to proceed too far. By the Negligence of the State which for Forty Years together has let this Matter go on without Check and Inquiry, most of those who are in Possession of Grants from King Charles are now Possessors bona fide and purcha­sors upon a valuable Consideration. Were they now in the Possession of those who had first procured the Grants, no doubt according to the Constitution of this Kingdom they might justly be resumed. But the Case is notoriously quite other­wise; in the space of Forty Years most of those Estates have been sold over and over, and from time to time have pass'd through so many Hands, that a Resump­tion from the 1st. Day of his Reign (as they propose who would load this mat­ter to perplex and defeat it) cannot be made without breaking into so many private Contracts, Marriage Settle­ments, Jointures Mortgages, and Sales for Valuable Consideration, that there is hardly any Tax which probably the People of England would not consent to, rather than bring so vast a Disorder and Ruin upon such a number of pri­vate Families.

[Page 442] From what has been here laid down it will appear to any disinterested Rea­der, that King Charles's Grants and those lately made do not stand upon the same Foot, and that the Cases differ in many and very material Circumstances.

1st. The Law is perhaps otherwise now than the common and receiv'd Pra­ctice of it then was, but, as we have be­fore said, 'tis submitted to the Gentle­men of the long Robe to determin in that Point.

2dly. What King Charles had done was winked at, because the flourishing Trade, Wealth of the Nation and its long Peace might bear such Gifts which were not to be supply'd by new and hea­vy Taxes. But our present Condition is not the same, there was not then rais'd upon the People quite two Mil­lions per Annum. England of late has paid, and for some time to come will pay, at least Five Millions per Annum. The Publick had not then been exhau­sted, and was not in Debt; we have in Ten Years actually levyed Thirty Millions and still owe near Twenty Mil­lions, above four of which are not yet provided for.

3dly. The Nation seem'd to acquiesce [Page 443] in what King Charles had done, for tho' something was mov'd at first to restrain and regulate Alienations from the Crown the matter had little Progress and af­terwards we have not heard it was pushed on with any Vigour, the Claim was not so strongly made as by the Rules of Justice to take away from the Possessors any Pretences to Praescription. But in our present Case a solemn Assu­rance has been given from the Throne, That no grant should be made of the for­feited Lands in England and Ireland till there should be another Opportunity of set­ling that Matter in Parliament in such manner as should be thought expedient. Afterwards, as we have shewn, an Ad­dress was presented that no Grant might be made of the forfeited Lands in Ire­land. And almost in every Sessions a Claim has been put in by the Represen­tatives of the People, and as we have set forth Twelve several Bills have been presented and read all tending to appro­priate these Forfeitures to the uses of the War. So that the new Possessors of these Estates cannot pretend that any Silence has given a Sanction to what has been done, or that a quiet and unquestiond enjoyment has so far confirm'd their [Page 444] Right as that thereby they may plead Praescription. If any of these Lands have been sold or traffick'd about the Pur­chasers cannot plead Ignorance; by the Steps made in Parliament they could not but know they bought a litigated Title; the same may be said as to Marriage, Settlements, Jointures, or any other ci­vil contract that has Relation to the Grants lately made.

4thly. What Crown-Lands K. Charles gave away descended lineally to him from his Ancestors, The Irish Forfeitures have been lately purchas'd with the Blood and Treasure of this Kingdom.

If any Man could think that a Resum­ption retrospecting so far as the beginning of King Charles Il's Reign would be for the Publick Good, why has it been never set afoot or mention'd at any other time but when the Parliament had a desire, by a Resumption in Ireland, to ease the People in their Taxes?

All the Premisses consider'd, perhaps it will appear to any unbiass'd Person who desires to help the Affairs of Eng­land by a Resumption, That, to follow the greatest Number of Presidents and according to the Rules of Prudence and Justice, the Bill ought to look no farther [Page 445] backwards than this, or the Reign im­mediately preceeding.

We hope to have made it evident in the Series of this Discourse, That ac­cording to the Constitution of this King­dom the late Grants may be resumed, We have produc'd variety of Presidents to justify such a Proceeding. 'Tis ho­ped we have given them a full Answer who would engage the Kings Honour in Countenancing their Depredations upon the Publick. Peradventure we have produc'd undeniable Proofs that the People of England have an Interest in these Lands, and Perhaps we have silenc'd those, who to clog a good thing, would put us upon a wrong scent, by proposing to look farther backwards than in Justice and Reason we ought to do.

And, if we have made out all these Positions, it will not be difficult for good Englishmen to think, inferr, and conclude, That more especially the forfeited Estates in Ireland ought to be apply'd towards Payment of the Publick Debts.

The Writer of these Papers, from the first time he bent his Studies to Mat­ters [Page 446] of this Nature, has all along endea­vour'd to propose such Ways and Means of raising Mony as might give ease to the Landed Interest of which he hopes what he has formerly publish'd is a sufficient Evidence.

'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 employ'd, and little value the displeasure of Particular and Inter­ested Persons, whose, Resentments ought truly not to fall upon him, but rather upon those whose general ill Conduct has made so rough a thing as a Resump­tion necessary.

However he who looks into any Male administration stirs up a Nest of Hornets. If any one be touch'd who has been con­cern'd in Procuring Grants all that have participated in his Guilt will be alarm'd, Tacit. Hist. l. 4.and think themselves bound to act in his Defence, for if one Criminal falls the rest are all in danger * Nam si Mar­cellus Eprius caderet Agmen Reorum Sterne­retur.

There is an Anecdote, or secret Hi­story [Page 447] 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 Int [...]icate a matter into any to­lerable Method.

The Manner of procuring several of the Irish Forfeitures has been as criminal by its Circumstances, as in itsself; but of this at another Season. To look into the Depredations lately committed is so copious a subject, that he who bends his Thoughts this way, is sure to have matter enough before him; and if all things were well examin'd, it would perhaps be found that the Resumption here propos'd is not the only way of raising Mony to ease the People in their Taxes.

There have been of late Years given in Parliament upwards of Fifty Millions. This immense Summ as we all know, has been transmitted into two Offices for the use of the War. And by an In­quisition into those Offices peradventure something very considerable is to be re­cover'd.

[Page 448] The Author thinks he cannot employ his Hours of Leisure more to his Coun­try's Service than in Inquiries of this Na­ture. And next Year (if he finds a Con­tinuation of these Foul Practices which have been so destructive to England, and so prejudicial to the King's Interest) he purposes to open a new Scene: That Zeal for the Publick which has now warm'd him shall not in the least cool, and though he should be left to stand alone, he will still combat on, and neither ask nor give Quarter in the Conflict he intends to maintain with the Corrup­tions of the Age.