And also all Grauntes to be made of old Offices which were Offices the first day of youre Reigne to the which belongeth and needeth actuel Exercise and Fees and Wages the same first day to the same Offices perteynyng or belongyng except out of the seid Peynes And that no such persone to whome oney Lesse or Lesses Graunte or Grauntes shall be made after the seid Fest for terme of Yeris or atte Wille of oney Thyng parcelle of the Duchie of Lancastre Erldome of Chestre Principalete of Wales Caleys and Guysnes and the Marches therof or of oney thyng to theym or oney of theym belongyng or appërteynyng be not hurt nor endamaggd by the penalty of this seid Acte Then follow Two Savings one for the Prince of Wales and another for Richard Duke of York as to some Patents they had Resp As touchyng this Petition of Resumption the Kyng hath well conceived and understood the Maters Articles and Desyres conteyned in the same Petition wherfore the Kyng by thadvyse and assent of the Lords Spirituel and Temporell beyng in this present Parlement and by Auctorite of the same taketh and resumeth into his Hands all manner thyngs conteyned in the seid petition and the same agreeth and accepteth the Penalte in seid petition except and leid apart alweye his Prerogative reserved forseyn alweye that suche provisions and Exceptions as been by his Highnesse by thadvyse of the seid Lordes Spirituel and Temporel made and agreed or to be agreed and in this same Parliament put in Wrytyng upon the premisses be good and effectuel the seid Acte notwithstanding for the Egalte and Reason that the Kyng ought to do to his people the which shall be to the pleaser of Godde the Honour and the We le of his Lond and People Then follow a great Number of Savings and Provisions all of 'em much of the same Nature with those in the former Acts and none of 'em seem such as could any wise defeate the Designe of the Parliament which was that all immoderate Grants should be actually resumed But some may object that Henry the Sixth under whose Reign these Three Resumptions were made was a weak Prince unfortunate Abroad engag'd in Factions at Home and kept under by the Power of the House of York whereunto we answer That it was the Interest of Great Men rather to oppose such an Act for they were most like to suffer by it therefore it s Passing was not the Effect of Faction but indeed it was carry'd on by the Weight of the People But these Objections will be more fully answer'd when we show that the same Thing was done by a Prince who had master'd all Parties and under an Active and Martial Reign which was that of Edw. IV. his Successor where the Presidents for a Resumption are four times confirmed As soon as Edward the Fourth came to the Crown one of the first Things desired by his Subjects was an Act of Resumption Rot. Parl. 1 Edw. 4. N o 11. And over that that our seid Sovereign Leige Lord King Edward IV. the Fourth Day of Marche was lawfully seised and possessed of the seid Corone of Englond in his Right and Title and from thenceforth have to hym and hys Heires Kynges of Englond all such Mannours Castels Lordshippes Honours Londs Tenements Rentes Services Fees Feefermes Rentes Knyghts Fees Advowsons Gyftes of Offices to geve at his pleasure Fairs Markets Issues Fines and Amerciaments Libertees Franchises Prerogatives Escheates Custumes Reversions Remainders and all other Hereditaments with theyr Appurtenances whatsoever be they in Englond Wales and Irelond and in Cales and the Marches thereof as Kyng Richard the 2 d. had on the Fest of Seint Matthew the Apostle the 23th Yere of his Reigne in the Right and Title of the seid Corone of Englond and Lordshippe of Irelond Resp The Kynge by thadvyse and Assent of the Lords Spirituel and Temporel in this present Parlement assembled at the Request of the Comyns beyng in the same agreeth and assenteth to this Petition and it accepteth with certain Moderations Provisions and Exceptions by his Highnesse thereupon made and in certain Cedules written and in the same Parlement delivered the tenor of which follows Then follow the Exceptions or Savings to particular Interests which are in Number 85. But this Resumption looking so far backwards as the Reigns of Henry the Sixth Henry the Fifth and Henry the Fourth was too large to have any good Effect And as to its having been impracticable and not well concerted we have this Argument that a new Act better digested and which did not retrospect so far was thought necessary Anno 3. 4. of the same Reign Anno 3 4. Edw. 4 ti There pass'd another Act of Resumption 3 4 Ed. 4 Rot. Parl. N o 39. At which day and place for divers Causes and Considerations conteynyng the Honour and Prosperite of the Kyng our Soverayne Lord and also the Commonwele defence and welfare of this Reame and of his Subgetes of the same hit is ordeyned and enacted and stablished by thadvyse and assent of the Lords Spirituels and Temporels and of the Comyns in this present Parlement assembled and by Auctorite of the same That the Kyng froâ— the Fest of the Purification of oure Lady the Yere of our Lord 1464 have take seize hold and joye all the Honours Castells Lordshipps Towns Townshipps Manours Londes Tenementes Wastes Forestes Chases Rentes Annuities Reversions Fermes Services Issues Profites and Commodites of Shires which he had the 4th day Marche or eny tyme after afore the seid Fest by reason of his Duchie of Laâ—castre or by the Forfeitur of Henry the 6 th late in dede and not in right Kyng of Englond in Englond Irelond Wales and Marches thereof Guysnes and Caleys and Marches thereof and pass'd from hym the seid 4th day of Marche or eny tyme after and afore the seid Fest by his Letters Patentes to eny Persone or persones in Fees Fee-simple Fee-taille terme of Lyfe or terme of Yeres And that the Kyng have and Injoy every of the Premisses in like Estate and Condition as he had theym the seid 4th day of Marche or after And also that all Yefts Grauntes and Relesses made by the Kyng the seid 4th day of Marche or eny tyme after afore the seid Fest to eny Persone or Persones of eny of the Premisses in Fee-simple Fee-taille terme of Lyfe or terme of Yeres under eny of his Seales be from the seid Fest of Purification void and of noo force nor effecte Ibid. N. 40 And also that all Yeftes Grauntes Ratifications Relesses and Confirmations made by the Kyng the seid 4th day of March or eny tyme after and afore the seid Fest to eny Persone or Persones of any Possessions Right Title or Interesse of his Duchie of Yorke or Erldome of Marche or eny part of them or of eny Pension Rent Annuite to be had taken perceyved or levyed of or in the same Duchie and Erldome or
rightwyse Enheritour to the Reames of Englond and France and Lordshipp of Irelond Fader to the Kyng was seised of to his owne Use and Behoofe the 30th Day of December the 39th Yere of the pretended Reigne of the seid Henry the Sixt. And that the Kyng from the seid Fest of Ester have hold and joy all the seid Honours Castells Lordshipps Townes Towneshipps Manours Londs Tenementes Rentes Services Possessions Enheritaments Issues Profites and Commoditees in like Estate as his seid Fader had theym the seid 30th of December And that all Yefts Grauntes Ratifications Releses Leses Demyses and Confirmations made by the Kyng sin the same 30th Day to eny persone or persones under eny of his Seales of eny of the same Possessions Issues Profites or Comoditees or of eny Lordshippes Manors Londes Tenementes Possessions or Enheritaments wherof eny persone or persones were seised the same 30th Day to the Use and Behoof of his seid Fader or of eny Right Title or Intres of or in eny part of the same or of or in eny of the Premisses which his seid Fader was seised of the seid 30th Day or of eny Pension Rent Anuuitee to be had taken perceyved or levyed of or in eny part therof or of or in eny part whereof eny persone or persones were seised to the Use and Behoof of his seid Fader the seid 30th Day be from the seid Fest of Ester voide and of noo Force nor Effecte And also by the seid Advyse Assent and Auctorite it is ordeyned and stablished That such lawfull Right Title Clayme and Interest be saved and had to every persone and persones of every theyr Heires other than the seid persones atteynted and theyr Heires claymyng in by theym or eny of theym as he or they not atteynted might or shuld have had in eny of the Premisses yf this Acte had not been made otherwyse then by the Kyngs Graunte or eny of his Leâ—tres Patentes or Assignment And furthermore it is odeyned by the seid Advyse Assent and Auctorite That all Yefts made by the Kyng the seid 4th Day of Marche or eny Tyme sin to eny persone or persones of eny Office in Englond Irlond Wales or Marches therof wherupon no Charge hangeth nor nedeth to be of actuel Exercise or Occupation be from the seid Fest of Ester voide and of noo Force nor Effecte Also That all Grauntes made by the Kyng the seid 4th Day of Marche or eny tyme sin to eny persone or persones of eny Office or Offices in Englond Irlond Wales or Marches therof Guysnes Caleys or Marches therof with Fees Wages Profites or Commodities not used and accustomed to the same Office or Offices afore the same 4th Day of Marche be from the seid Fest of Ester as to the seid Fees Wages Profites and Commoditees and every of theym so not used and accustomed voide and of noo Force nor Effecte Also That every Graunte made by the Kyng the seid 4th Day of March or eny time since to eny persone for terme of his Life of the Office of Sarjeant of Armes be from the seid Fest of Ester of noon other Force and Effecte than onely at the Kyngs Will and Pleaser Then follow several Savings much of the like Nature as those in the former Acts as also some Regulations relating to the King's Tenants not material to our present Subject Quae quidem cedula transportata fuit Communibus Regni Angliae in dicto Parliamento existent Cui iidem Communes Assensum suum prebuerunt sub hiis Verbis A toutez lez Actez Provisions desuis Escriptez les Comunes sont assentuz Quibus quidem cedula assensu in Parliamento predicto lectis auditis plenius intellectis de avisamento assensu autoritate predict respondebat eidem in forma sequen Resp Le Roy le voet ovesq lez Provisions Exceptions sur ceo pur luy faitz les tenours de queux cy apres ensuent That is the King consents to the Bill with the ensuing Provisions and Exceptions Then follow a great Number of Savings and Provisions most of 'em for private Persons and much of the same Natures as those of the former Acts. 7 Edw. 4. Rot. Parl. N. 15. And at the closing of the Sessions the King thanks the H. of Commons by the Mouth of the Bishop of Bath and Wells his then Chancellour for this Resumption * Pro suis Laboribus circa dictam Resumptionem ostensis Idem Dominus Rex omnia singula per ipsos Communes declarata desiderata profunde conceperat Anno 13. Edw. 4. There pass'd another Act of Resumption for that either the former had been so ill executed or that the Exceptions had been so many as to frustrate the good Intentions of the House of Commons 13 Edw. 4. Rot. Parl. N. 6. For divers Causes and Considerations concernyng the Honour Estate and Prosperite of the Kyng and also the common We le Defence Surete and Welfare of this Reame and Subgettes of the same It is ordeyned enacted and stablished by Thadvyse and Assent of the Lordes Spirituells and Temporells and by the Commons in this present Parlement assembled and by the Auctorite of the same That the Kyng from the Fest of the Seynt Thomas thappostill that shall be in the Yere of our Lord God One Thousand Fowre Hundred Seventy and Three shall have take seise hold possesse and enjoye all Honours Castelles Lordshipps Manors Londes Tenementes Rentes and Annuitees which he was seised and possessed of in the 4th Day of March the first Yere of his Reign or eny time after by reason of the Corone of Englond in Englond Irlond Wales or Marches therof Guysnes Caleys or Marches therof and also that apperteyned or belonged to him the same 4th Day of Marche or eny tyme sith as parcelle of hys Duchie of Lancastre or by forfaiture of Henry the Sixt late in Dede and not in Right Kyng of Englond And of eny persone atteynted sith the seid 4th Day of Marche by Auctorite of eny Parlement holden sith the same 4th Day of Marche or otherwyse atteynted by the Cours of the Common Lawe of this Lond and passed fro the Kyng undre eny of his Seales to eny persone or persones in Fee-simple or Fee-taille for terme of Lyfe or terme of Yeres or otherwyse by the Kyngs Graunte under his Seales and that the Kyng from the seid Fest of St. Thomas have hold possede and enjoye eny of the Premisses in and of like Estate and Condition as he had theym in the seid 4th Day of Marche or eny tyme after And furthermore It is ordeyned by the seid Advyse Assent and Auctorite That the Kyng from the seid Fest of Seynt Thomas have take seise hold and enjoye all Honours Castells Lordshipps Manoirs Londes Tenements Rentes and Annuitees which the full noble and famous Prynce Richard veray true and rightwyse Enheritour to the Reames of Englond and France and Lordshippe of Irlond Fader to the Kyng was seised of
eny of theym or eny parcell of theym be from the seid Fest void and of noo force nor effecte And that this Act extende not to eny Honours Castells Lordshipps Manours Londes Tenementes Rentes Services Possessions or Enheritaments which came to the Hands or Possession of our seid Soveraine Lord Kyng Edward the 4 th or apperteyned or belonged to hym or that he shuld have had the seid 4th day of Marche or eny tyme after by the forfeiture of eny Persone in the Parlement hold at Weâ—â—minster the 4th day of November the seid first Yere attainted or by force of an Act of Forfeiture therin made other than by the Forfeiture of Margarete late called Queen of Englond And also that this Act extend not to any Graunte or Grauntes afore this tyme made to eny Lord not attainted of eny Annuite for the Sustentation of his Name and Estate nor to noon Office or Offices which were Office or Offices the seid 4th day of Marche or afore and needeth actuel Exercise graunted the seid 4th day of Marche or after to eny Persone or Persones for terme of his Lyfe or they re Lyfes with Fees Wages and Profites to the same Office or Offices afore the seid 4th day of Marche due and accustumed And also that all Yefts made by the Kyng the seid 4th day of Marche or eny tyme after under eny of his Seales to eny Persone or Persones of eny Office wheruppon noo charge hangeth nor nedeth to be of actuel Exercise or Occupation be from the seid Fest voide and of noo force nor effecte Also that all Grauntes made by the Kyng the seid 4th day of Marche or eny tyme after to eny Persone or Persones of eny Office or Offices with Fees and Wages then not due and accustumed nor apperteynyng to the same Office or Offices the seid 4th day of Marche be from the seid Fest as to the seid Fees and Wages not due and accustomed void and of noo force and effecte This Acte to be had and take with such Exceptions and Provisions as shall please the Kyng to make Then follow Three Savings made by the House of Commons 1 st For Sums issued to the Payment of the King 's own Debts 2. For Corporations Cities and Boroughs c. as to any Gift Grant Demise Lease Release Jurisdiction Authority Confirmation Ratification Licence Pardon c. granted by the Kings Henry the 4 th 5 th and 6 th 3. For Grants or Licenses given by the said Kings to any Person to found or make Fraternities Gyldes Hospitals c. or to purchase Lands for those Uses Then follow a prodigious Number 〈◊〉 Savings and Exceptions and so many as indeed seem intirely to defeat thâ— Design and Intention of the Act which in the 7th of the same Reign produc'd another Resumption This Heroick Prince who himselâ— had fought so many Battles and whâ— by his Courage from a private Person got to be King of England invites hiâ— People from the Throne to resume whaâ— had been plunder'd from the Crown iâ— the Words following 7 Edw. 4. Rot. Parl. N. 7. John Say and ye Sirs comyn to this my Court of Parlement for the Comon of this my Lond The Cause why Y have called and summoned this my present Parlement is Y purpose to to lyve upon my nowne and not to charge my Subgetts but in grete and urgent Causes concerning more tho we le of theymself and also the defence of theym and of this my Reame rather then my nowne pleaser as heretofore by Comons of this Lond hath been doon and born unto my Progenitours in tyme of nede wherein Y trust that ye Sirs and all the Comons of this my Lond wol be as tender and kind unto me in such Cases as heretofore eney Comons have been to eney of my seid Progenitours And for the good Wills kindnesse and true herts that ye have born continued and showed unto me at all tymes heretofore Y thank ye as hertily as Y can as so Y trust ye wol contenue in tyme comyng for the which by the Grace of God Y shall be to you as good and gracious Kyng and reigne as reight wisely upon you as ever did eney of my Progenitours upon Comons of this my Reame in days paste and shall also in tyme of nede aply my Person for the We le and defence of you and of this Reame not sparyng my Body nor Lyfe for eny jeopardie that mought happen to the same Ibid. N. 8. Memorandum Quod quedam Cedula formam cujusdem Actus Resumptionis in sâ— continentis exhibita fuit in presenti Parliâ—mento in haec Verba For divers Causes and Considerations concerning the Honour State and Prosperite of the Kyng and also of the Commonwele defence surete and welfare of this Reame and his Subgettes of the same it is ordeyned enacted and established by thadvyse and Assent of the Lords Spirituells and Temporells and Comons in this present Parlement assembled and by Auctorite of the same That the Kyng from the Fest of Ester last past have take seize hold and joy all Honours Castells Lordshipps Townes Towneshipps Manors Londes Tenementes Wastes Forestes Chaces Rentes Annuities Fermes Fee-fermes Reversions Services Issues Profites Commoditees which he was seised and possessed of the 4th day of Marche the first Yere of his Reigne or eny tyme after by resone of the Coroune of Englond the Duchie of Cornwaille Principalite of Wales and Erldom of Chestre or eny of theym in Englond Irlond Wales and Marches thereof or that apperteyned or belonged to hym the same fowerth day or eny tyme sin as paroell of his Duchie of Lancastre or by the forfaiture of Henry the Sixt late in dede and not in Right Kyng of Englond or eny Person atteynted sin the seid 4th day of Marche by auctorite of eny Parlement holden sin the seid 4th day or otherwyse attaynted by the course of the Comon Lawe of this Lond and passed from the Kyng under eny of his Seales to eny Persone or Persones in Fee-simple or Fee-taille terme of Lyfe or terme of Yeres and that the Kyng fro the seid Fest of Ester have hold and joye every of the Premisses in lyke estate as he had theym the seid fowrthe day of Marche or eny tyme after Also that all Yeftes Grauntes Ratifications Releses Leses Demyses and Confirmations made by the Kyng the seyd 4th day of Marche or eny tyme sin to eny Persone or Persones of eny of the Premisses in Fee-simple or Fee-taille terme of Lyfe or terme of Yeres under eny of his Seales be from the seid Fest of Ester void and of noo force nor effecte And furthermore it is ordeyned by the seid Advyse Assent and Auctorite That the Kyng from the seid Fest of Ester have take seise hold and joy all Honours Castells Lordshipps Townes Towneshipps Manours Londes Tenâ—mentes Rentes Services Possessions Enheritaments Issues profites and Comoditees which the full noble and famous Prynce Richard veray true and
IV. They pray to have leave to quit their Employments a Modesty and Self-Denyal not very common in this Age and that their Accompts might be pass'd upon which the House of Commons directed Persons to audit and state the said Accompts The Record is very curious we shall therefore give it in Words at length * Rot. Parl. 7 8 Hen. 4. Nu. 44. Item mesme le Jour le dit Mr. John Tibetot then Speaker monstra de par les ditz Communes coment au Parlement nadgaires tenuz a Coventre Thomas sire de Furnival Mr. John Pelham furent assignez Tresorers pur les Guerres Come pierd de Record en Rolle de Parlement puis qel Temps les ditz Tresorers ont desirez molt diligeamment pursâ—is as diverses foits a nostre Seigneur le Roy as toutes les Estates de ceste present Parlement de estre deschargez de lour dit Office auxint ont suppliez as dits Communes qe leur pleust de faire instance request pur mesme les Tresorers a mesme nostre Seigneur le Roy as touts les Estates suisdits pur eux finalement outrement deschargier de lour dit Office Sur quoy pria le dit Mr. John Tibetot en nom des dits Comunez a mesme nostre Seigneur le Roy qe les dits Tresorers soient outrement finalement deschargiez de lour dit Office Et qe leurs Heirs Executours ne Terre Tenants ne soient aucunement en temps avenir grievez molestez enquietez ou pur le exercice de ycelle qe cestes prier reqest soient endrez de Record en Rolle de Parlement Qeux prier reqest nostre dit Seigneur le Roy graceousement ottroia purtant qil ad pleu a nostre dit Seigneur le Roy qe les dits Tresorers soint deschargiez de lour dit Office de assigner certains Auditours cest assavoir le Seignour de Roos le chief Baron de le Escheqer qil est la volonte du Roy a ceo qe les dits Comunez ont entenduz qe mesmes les comunez deussent nomer autres Auditours doier terminer les Accompts des dits Tresorrers du temps passe Mesme yceux Comunes ont nomez certains Persones comprises en une cedule delivre per les dits Comunes en Parlement tielx come leur semble necessaires en ceo cas pur le poure estat de les Comunes dessuis dits Cestassavoir Mr. Hugh Lutherel Mr. Richard Redeman Lawrance Drewe Thomas Shelrey David Holbeche William Staundon Cinq Qatre Trois ou Deux de Eux Furnivale and Sir John Pelham for so he is call'd afterwards were as the * Rot. ibid Num. 63. Record says Ordeignez Tresoreres de les Guerres or what we call Paymasters of the Army and press'd the Parliament to take their Accompts An Example which we hope all their Successors in that Employment will desire to follow The Powers likewise which the Parliament gave to these Commissioners are fit to be observ'd Qe pleise a vostre tres gracieuse Seignourie de ordeigner qe les dits Auditours ensi nomez soint Auditours de Record eiants plein poair authoritie du Parlement de Oier Terminer le dit Accompte de faire Allowance as avant dits Tresorers si bien de les Paiments delivrances par eux faits per vertue authorite des vos Lettres Mandements dessous vostre Seale a eux directs pur les causes suisdits sur les Dependantz dycelle Come de les Paiments Delivrances per mesmes leâ— Tresorers per Authorite de lour dit Office faits pur semblable Causes les Dependants dycelle That is Power was given not only to inspect but finally to conclude the said Accompt To which the King assented And it seems our Ancestors thought such a Commission necessary to hinder the Publick Mony from being embeâ—zel'd 5. Parliaments have preserv'd the King's Revenue by inquiring into the Cause why some Branches yielded nothing as in Edw. 3d's Reign it was ask'd Why Ireland was rather a Burtheâ— than a Profit to the Crown The Commons desiring if the Fault lay in the Ministers that they may be remov'd * Rot. Parl. 21 Edw. 3. Num. 41. Item pleise a nostre Seignour le Roy fairâ— enqerer per bons Gents la Cause purqoi il 〈◊〉 prent profit de ce qil ad in Irland come toâ—â— ses Ancestres avoint Aide de luy de lâ— Comune pur meyntenir sa guerre depuis qiâ— ad plus en Irland qe uulle de ses Ancestres navoint si defaute soit trove en ses Ministres laundreit qe autrez y soient ordeignez en lour lieu tieux qi voudreut respondrâ— aâ— Roy du Profit qil averoit dilloqes de reson Resp Il plest a nostre Seignour le Roy qe ensi soit These were some of the Methods by which the House of Commons endeavour'd to preserve the Crown-Revenue from the greedy Hands of those who were always desiring therewith to inrich themselves But the Kings greatest Safety lay in the very Constitution of the Exchequer which if bad Ministers had not broken into our former Princes could not have been robb'd so much to the Impoverishment of the People The Constitution of the Exchequer we may rather call it the Constitution of the Kingdom has contriv'd to put a great many Letts and Obstructions in the way of designing Favourites and rapacious Followers of the Court and that no Grant should pass from the King but upon strict Inquiry and after mature Deliberation In order to which the State thought it necessary to be at the Expence of several Great Officers who should be as so many Centinels continually watching that the King may not be surprized nor defrauded Regularly and according to the Laws of the Land Grants from the Crown ought to make the following Steps The Petition is first made to the King in which as we have noted before the Petitioner ought to incert the true and express Value of the Thing demanded The King refers this Petition to the Treasurer of the Exchequer now call'd Lord High Treasurer of England whose first Step is to have a Particular of the Thing petition'd for from the Auditor if it lies before him or from the King's Remembrancer if it lies before him This Care is taken that the State may not be deceiv'd in the value of the Thing The Petition is first referr'd to this High Officer because the Law presumes that the whole State and Condition of the Revenue lies before him that he knows what Debts and Engagements the King has upon him and whither the Expences of his Wars and the other necessary Charges of his Government are not such as for the Peoples Ease and by the Rules of Justice ought for the present to restrain his Bounty If the Thing to be granted be of great
England And what succeeded to this unfortunate Prince upon such an extraordinary Act of Violence is but too manifest The Ministers and Promoters of all the Irregularities committed by that King were the two Spencers Earls of Winchester and Glocester who were put to death in a tumultuous manner * Col. 2547. Knyghton indeed says the Earl of Glocester was arraign'd before Sir William Trussel Justiciarie Dominus Hugo Spencer ductus coram domino Willielmo Trussell Justiciario areniatus est coram eo ad Barrum One of the principal Heads of the Accusation against Hugh Spencer was for that he had advised the King to give and grant unto the false Traitor the Earl of Winchester Andrew Harkely and to himself Lands appertaining to the Crown in disherison thereof * Kâ—yghâ—on Col. 2548. Hugh apres celle maveiste vous Consellastes nostre Seignour le Roy en desheritaunce de sa Coronne a doner vostre Piere que fuist faux Traytour le Conte de Wyncestre Andrewe de Harkely Traytour notorye attaynte le Conte de Cardoyle Et a vous Hugh la Terre de Cantermaure altres Terres que furont proprement Appurtenancez a la Coronne For which and for other Crimes he was condemned and Executed Among the Articles exhibited in Parliament Anno 4. Edw. 3. against Roger Mortimer Earl of March two of 'em are for procuring to himself Grants of the Crown-Revenue That he caused the King to make him Earl of March and to give Him and his Heirs many Lands in Disherison of the Crown And that the said Roger caused the King to give to Him and his Children and Confederates Castles Towns Mannors and Franchises in England Ireland and Wales in decrease of the Revenues of the Crown Judicium Rogeri de Mortimer * Rot. Parl. 4 Edw. 3. Et a mesme le Parlement per son dit Royal Poer a luy accroche fist tante qe nostre Seignour le Roy luy fist Conte de la Marchie luy dona plusours Terres a luy a ses Heirs en desheritance nostre dit Seignour le Roy de sa Corone Item le dit Roger per son Royal Poer a luy accroche fist le Roy doner a luy a ses Enfantz a ses Alliez Chastelx Villes Manoirs Franchises en Engleterre Irland Gales en decrese de sa Corone Rot. ibid For this and for other Crimes of which some were judg'd to amount to Treason he was condemned to be hang'd at Tyburn and the Sheriffs of London were order'd to attend the Execution In the 10th of Richard II. Michael de la Pool Earl of Suffolk was Impeach'd in Parliament upon several Articles the Principal of which was For that being Lord Chancellor and sworn to promote the King's Profit he had purchas'd of the King Lands Tenements and Rents of a great Value against his Oath and such Grants being more than he deserv'd considering the great Poverty of the King and Kingdom To which he answer'd that he had no Lands of the King but since his being created Earl and that by way of Exchange To which the Commons reply'd by showing the Oath he took when he was made Lord Chancellor the Effect whereof was for doing Justice observing the Laws Councelling the King and not to suffer any Damage or Disherison of the Crown and that by all means he should promote the King's Profit And hereupon because he confess'd the Gift of the Lands to him whilst he was Chancellor and that during the same time the Exchange was made of good Lands for a Casual Custom at the Port of Hull they inferr'd that the same was not for the King's Profit according to the Tenor of the Chancellor's Oath And therefore they pray Judgment The Judgment against the said Earl was That for Breach of his Oath all the said Mannors and Hereditaments which he had of the King's Gift should be seiz'd into the King's Hands together with all the mean Profits saving to the Earl his 20 l. per Annum Creation-Mony in the County of Suffolk But take the Words of the Record as far forth as they relate to the present Matter Rot. Parl. 10 Ri. 2. P. 1. Num. 1. Premierement qe le dit Conte estant Chanceller jure de faire le Profit du Roy purchassa de nostre Seignour le Roy Terres Tenements et Rents a grand value come piert per Recordes Rolles de la Chancellerie encontre son serment La ou il n'avoit tant desservi considerez la grante necessite du Roy et du Royalme et outre ce a cause qe le dit Conte fust Chanceller au temps du dit Purchasse faite les dites Terres et Tenements furent extendus a meindre value qils ne veillent per an per grant some en deceite du Roy. Rot. ibid. Nu. 6. Qand al premier Article de son Empechement cest assavoir depuis qil estoit Chanceller qil deust purchasser certeins Terres du Roy c. Le dit Conte respond qe depuis qil fust Chanceller il ne purchassa unqes nulles Terres ne Tenements du Roy ne le Roy luy donna ne al nully des soins nulles Terres ne Tenements tant qe aux temps qe le Roy fist prendre l'estat du Conte mes per voie de verrai Exchange Cest assavoir qe come le dit Conte avoit CCCC Marcs annuelx sur la Custume de Kyngston sur Hull per descente de Heritage pur qeux il pleust au Roy d assigner au dit Conte Terres et Tenements a la value et assignee et ordonna partie devant qil fust Chanceller et partie depuis et ce au profit du Roy si bien annuellement come par Cause de une Some de mille Marcs paiees ou Roy per le dit Conte pour celle cause c. Then he proceeds to give several Particulars of the Agreement and to set forth his Merits and that the King made him take the Honour of Earl upon him without his seeking and how he was persuaded to be Chancellor But it seems the Parliament did not take his Answer to be sufficient for the Commons reply'd in the Words following Rot. ibid. Num. 8. Et les Communes replians al responce du dit Conte del premier Article Monstrent as Seignours la Copie de son serment fait qant il fust Creez Chanceller en maniere quensuit Vous Jurrez qe bien et Loyallement servirez a nostre Seignour le Roy et a son People en l office de Chanceller et droit feres as toutes Gens pouvres et riches seloncles lois et usages du Royalme et loyalement conseillerez le Roy et son Conseil sellerez et qe vous ne saverez ne sufferez le damage ne desberitison le Roy ne qe les droitures de la Corone soient destruits per nulle
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 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 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 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 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 ou Profits susdits ou autres Profits ou Revenus qeconques durant les Guerres come dessus
Office or Offices which wore Offices the seid first day or afore and to theyme belongeth and needeth actuel Exercise or of the fee or Wages therto belongyng to have in fee Simple or in fee Taille in oney wyse be of noo force nor effecte but onely terme of lyfe of hym or theym that oney such Grauntes be made unto And that all the Grauntes of such Offices as that noble and worthy Prynce Humphrey late Duke of Gloucestre youre late Unkle whom God rest had and occupied of youre Graunte the which Offices were by youre Highness to oney person or persones graunted in his lyfe to have after his decesse or Deth be voide and of noon effecte And that all manere of Grauntes by you or by oney other persone or persones by your grete Seal Prive Seale or Seale of your Duchie of Lancastre syth the seid first day made of oney Sherefwycke or oney Office of Sherefwycke or of oney Eschete or of oney Office of Eschetour Clerke of the Peas or of oney Baillifwycke or Wapentake to you belongyng for terme of lyfe or terme of yeris to oney persone or persones be voide of noon effecte And also that all Grauntes and Relesses made to you to oney Abbot Priour or oney other Persone of discharge relesse or quiet clayme of oney Corrodies or Corrodie Pension or Pensions Dismes Spirituel or Quinszismes or Dismes Temporell or of the Colleccions of the same Rentes or Services or of the Payment of oney Knyghtes Spence for comyng to your Parlement be voide and of noon Effecte Item That all Grauntes made by you by youre Letters Patentes or otherwyse to oney persone or persones to be Justices of youre Benche or of the common Benche within youre Lond of Irelond or of the Office of Keeper of the Rolls of Chancery of the same Lond for terme of Lyfe be voide and of noon Force nor Effecte And also that all Graunte or Grauntes by you made to oney persone or persones of oney Office or Offices wherupon no Charge hangeth nor nedeth to be of actuel Exercyse or Occupation be voide and of noo Force nor Effecte And also by the seid Advyse Assent and Auctority ye will graunte ordeyne and establish that every persone that hath any Castells Manours Londes Tenementes Rentes Services Commoditees Advowsons Possessions or oney Enheritaments to you or to oney other persone or Body Corporate to youre or oney of they re Use at youre Desire or Contemplation for oney Rentes Annuites Summes of Money or Thyng that shuld or myght have be taken or had of oney Custume or Subsidies in oney youre Portes within this youre Realme or in or at the Receite of youre Eschequer if no Yifte of Exchaunge nor Recompence for oney Thynge be hadde be made may have immediatly and have reteyne kepe entre and enjoye peasebly without oney Suite or yit Lett or Disturbance of you youre Heires or oney other from the seid Fest as well all the seid Manours Londes Tenements Rentes Advowsons Possessions and Enheritaments with they re Appurtenaunces in oney wyse so given to you or to oney persone or Body corporate at youre Desire or Contemplation by him or his Auncestres or by him or hir or theyr Predecessours or by thoo whos Estate oney such your Leiges hath or hadde in the Londes Tenementes Rentes Possessions or Enheritaments taken of you in Exchaunge as the seid Rentes Annuites and Summes of Money that he shuld or might have hadde of oney Customes or Subsidies or att your Receite aforeseid if no manere of Exchaunge nor Recompence had be taken of you therfore by hym nor by noon his Anncestours or Predecessours in like Manere Fourme and State as though no suche Graunte or Estate of Exchaunge or Recompence had be made So alwey that the Manours Londes Tenementes Rentes Annuitees Advowsons Sommes of Meney and Enheritaments afore reherced geven to you or to oney other persone or body corporate or leste to be take for oney of the seid Exchaunge or Recompense were not youres ne noon other persone or persones to youre Use the first Day of your noble Reigne nor after save onely by reason of the Yefts Grauntes or Cause aforeseid Except and forprised oute of this Acte of Resumption all the Castells Manours Londes Tenementes Rentes Services Possessions and Enheritaments with theire Appurtenaunces wherof every persone or persones have had restitution by Auctorite of Parlement Restitution by the Cours of the Comyn Law 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 And for as moche as it is pleinly and universally conceived through all this your Reame that the good Spede of this Acte of Resumption is to you full honourable necessarie and behovefull and to all youre Liege People comfortable and grete Reliefe of theire Povertie which they been in for many unportable Charges leid upon theym before this Tyme for that the seid Resumption afore this Tyme hath not be effectuelly hadde Wee youre humble true obeisaunt and feithfull people comen for the comyn of this yonre Reame and to this youre high Court of Parlement by youre Auctorite Roial in the moost lowly wyse beseche youre moost noblaye graciously and tenderly to consider the grete Benefites that shuld growe unto you and this youre Reame by the meane of this youre Resumption that it please youre Highnesse that if so be that ye like by thadvise of youre Lordes spirituell and temporell in this present Parlement assembled to make oney provisions or Exceptions other then be conteynd in this our Petition that then the seid provisions and Exceptions be sende down unto us to that Ende that we may give oure Assentes therto if it be thought to us expedient and behovefull And that by the same auctorite it be ordeyned that if oney of youre liege people after the seid Fest of St. Michel take and receive youre Graunte or Grauntes of oney of the Premisses except before excepte then he or they as oft as he or they that so take and receive renne into the Penalte of the Statutes of Provisours And over that that he or they that so take or receive oney such Graunte or Grauntes excepte afore excepte contrarie to this our Desyre forfaite a M. Marks as oft as they so take or receyve wherof the oon half to be forfaited to you and that to be applyed to the contentyng of the Wages of the Souldeours of Caleys and that other half to hym that will sue And he that will sue yerfore may have an Action of Dette agenst oney such persone or persones and such Process theryn as lyeth in an Action of Dette at the Comyn Lawe and that the Defendantes of such Suites shall not be essoyned wage they re Law nor beg Protections in delay of the seid Suites All Grauntes to be made by youre Letters Patentes by the Bille of the Tresorer of Englond for the tyme beyng of oney of the Premisses
to his owne Use and Behove the 29th Day of December the 29th Yere of the pretended Reigne of the seid Henry the Sixt And that the Kyng from the seyd Fest of Seynt Thomas have hold and enjoye all the same Honours Castles Manoirs Londes Tenementes Rentes Annuitees in and of like Estate and Condition as his seid Fader had theym the seid 29th day and passed from the Kyng to eny Persone or Persones under eny of his Seales in Fee-simple Fee-taille terme of Lyfe or term of Yeres Also that all Yeftes Grauntes Releses and Demyses made by the Kyng the seid fourth day of Marche or eny tyme sith to eny Persone or Persones of or in eny of the Premisses in Fee-simple Fee-taille terme of Lyfe or terme of Yeres or otherwyse under eny of his Seales be from the seid Fest of Seynt Thomas voide and of noo force nor effecte And also by the seid Advyse Assent and Auctorite it is ordeyned and stablished That such lawfull Right Title Clayme and Interest be saved and had to every Persone or Persones and every theyr Heyres other than such Persones now beyng atteynted of Treason and theyr Heyres clayming in by theym or eny of theym so atteynte myght or shuld have had in eny of the Premisses yf this Acte had not be made otherwyse then by the Kyngs Graunte or eny his Lettres Patentes or Auctorite of Parlement 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 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 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 they re 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 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 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 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
Kingdom came to be loaded with Taxes and Impositions 5 Art Item per le dit Acrochement les avantdits Robert de Verr Duc d Irland Michael de la Pool Conte de Suffolk per assent Conseil du dit Alesandre Ercevesqe Deverwik ont fait qe nostre Seignour le Roy sans Assent du Royalme ou desert de eux lour a done per lours abettements diverses Seignouries Chastelx Villes Manoirs si bâ—en anexes a sa Corone come autres sy come la Terre de Irland de Okeham ove les Forests dicelle autres Terres qe furent al Seignour d Audeley autres Grants Terres au dit Robert Verr Duc d Irland as autres diversement peront ils sont grandement Enriches le Roy est devenu pouvre ne ad dont iâ— se pourra soutenir porter les Charges du Royaliâ—â—â— sinon per Impositions Taxes ou Tributs â—ettre prendre sur son People en dâ—shiritison de sa Corone en defeasance de son Royalme 6 Art Item par le dit Acrochement les avandits Alexandre Ercevesqe Dewerwik Robert de Verr Duc d Irland Michael de la Pool Cont de Suffolk et per assent et counseil desdits Robert Tresilian faux Justice Nicholas Brembe Chevalier de Londres ont fait qe nostre Seignour le Roy a donne divers Manoirs Terres et Tenements Rents Offices Ballies as diverses autres Persones de lour Affinite et as autres diverses Persones des qeux ils ont pris grands dons pur Brocage pur yâ—elle cause et auxi pur Cause a tenir avec eux en lour faux qerelles et purposes en defeasance du Roy et de son Royalme sy come est de Sir Robert Manseil Clerk Johan Blake Thomas Usqe et autres diversement 7 Art Item Robert de Verr Duc d Irland Michael de la Pool Cont de Suffolk et Alesandre Ercevesqe Deverwick per assent et counseil de dit Nicholas Brembre faux Chevalier de Londres acrochants a eux royal Poer ont fait qe nostre dit Seignour le Roy lour a â—â—nne tres grands somes dor et d argent sy bien de ses biens et Joiaux propres coâ—e 〈◊〉 biens et Tresor du Royalme sy come des Dismes Quinsismes et autres Taxes grantez as diverses Parlements pur estre exploites en deffence et sauvegarde du Royalme et autrement qelle some amonte cent mille Marcs et plus sy come au dit Robert de Verr Duc d Irland et autres diversement et outre ceo plusioures bones Ordinances et Purposes faits et ordeinez en Parlement sy bien pur les Gurres come en defence du Royalme ont ilz destourbes en grande Arrerisement du Roy et du Royalme The Persons accus'd were sommon'd to answer to the 39 Articles and not appearing the Duke of Gloucester and the other Lords Appellants pray the Non-appearance may be recorded * Rot. Parl. 11 Riâ—â— 2. P. 3. m. 14. Ilz feurent demandez solemnement en le grande sale de Westminster et auxint a la grande porte du Palois de Westminster de venir respondre c. Le Duc et Cont Appellants prient au dit Roy nostre Seignour et aux dits Seignours du Parlement qils violent Recorder le defaulte c. After which the King and the Lords took time to deliberate upon the Matter Then the Judges Serjeants and Civilians were call'd for to deliver their Opinions in Law who said the Appeal was not in the Forms requir'd either by the Common or Civil Law To which the Lord 's answer'd That the High Court of Parliament was not bound up to the Forms and Rules of the Courts below But take the Words of the Record it self * Rot. ibid. A qel temps les Justices et Sergeants et autres Sages de Ley du Royalme et auxint les sages de la Ley Civille furent Chargez de par le Roy nostre dit Seignour de doner loyal Conseil as Seignours du Parlement de deuement proceder en la cause de le susdit Appel les quex Justices Sergeants et Sages de la Ley du Royalme et auxint les dits Sages de la Ley Civille pristont ent deliberation et respondront as dits Seignours du Parlement qils avoient veue et bien entendu la Tenour du dit Appel et disoient qe mesme le Appel ne feust pas fait ne affirme selonc l ordre qe lune Ley ou lautre requiert Surqoy les dits Seignours du Parlement pristront ent deliberation et avisement et per assent du Roy nostre dit Seignour et de lour Commun accord estoit declare qe en si haute crime come est pretendu en cest Appel qe touche la Persone du Roy nostre dit Seignour et l estat de tout son Royalme perpetre per persones qe sont Peers du Royalme ovesqe autres le cause ne sera aillours deduit qe en Parlement ne per autre Ley qe Ley et cours du Parlement et qil appertient as Seigneurs du Parlement et a lour Franchise et Libertee d' auncien Custume du Parlement destres Jugges en tieux case et de tieux case ajugger per assent du Roy et qe ensy sera fait en cest Cas per Agarde du Parlement Purceqe le Royalme d Engleterre ne estoit devant ces heures ne a lentent du Roy nostre dit Seignour et Seignours du Parlement onqe ne sera rule ne governe per la Ley Civille et auxint lour entent uest pas de ruler ou Gouverner si haute cause come cest Appel est qe ne sera aillours trie ne termine qen Parlement come dit est per cours Processe et ordre usee en ascun Court plus bas deinse mesme le Royalme qeux Courts et Places ne sont qe Executors d ancienes Leys et Custumes du Royalme et Ordinances et establissements du Parlement Et fust avis au mesmes les Seignours du Palement per assent du Roy nostre dit Seignour qe cest Appel fuist fait et asirme bien et asses duement et le Processe dicelle bone et effectuell selonc les Leys et Cours du Parlement et per tiel lagarderont et adjugeront Et a mesme jour le Roy nostre dit Seignour et Seignours du Parlement seants en la dite blanche sale en plein Parlement les ditz Appellants prieront qe le Defaute des ditz Ercevesqe Duc Cont et Robert Tresilian Appellees comme devant feuse Recorde After which the Persons accus'd were again summon'd and appear'd not but alledged as we may suppose by their Council for here the Record is silent That they had not sufficient Notice of the Matter contain'd in the Appeal Upon which the Parliament