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
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
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
what was too great to give and much too great to be ask'd 't is with the universal Applause of the People whom this Care relieves from frequent and heavy Taxes There is no Good which may not be expected from the Wisdom and Resolution of the Prince who now fills the Throne When he came over hither he found many of the Chief Rank and Figure overwhelm'd in Publick and Private Vices and in a Country so corrupted 't was difficult to have a virtuous Court They who should have help'd him to mend Things were readier to promote the Disorders by which they might thrive than to set afoot a Frugality under which they could not so well do their own business If they had Preach'd up Thrift as necessary to carry on a long and expensive War with what Face could such a Great Man have begg'd such a parcel of the Crown Lands one a vast sum of Mony another this forfeited Estate One so much Timber out of the Forrest his Friend such a Reversion his Friends Friend such a large Pension And if they had held the Purse close shut up to others they must have blush'd when they were begging so much for themselves All these disorders are to be attributed to the Corruption of the Times and to the necessities thereby introduc'd when Parties were to be gratified when turbulent Spirits who could obstruct affairs were to be quieted and when too many expected to be paid for preserving themselves and their own Country from a foreign Enemy Insomuch that when our Story comes to be read hereafter Posterity will wonder where the Subjects were so craving at Court and in another Place how the Prince could save from such a Number of Spoilers wherewithal to carry on his Wars abroad The Kings admirable Conduct has waded through all these Difficulties He has given as a Peace when the continuance of the War was desired by too many at home as better conducing to their dark designs At his first coming over he sav'd that Religion which our mean Complyance under former Princes had put in danger His prudence kept for ten years a People divided amongst themselves united against the Common Enemy All the Misfortunes in his Reign have been the Result of our proper Corruptions all the Good the Effects of his own Wisdom and his Virtues will at last bear down and master all our Vices He first form'd that League which has preserved the Liberties of Europe He has with a Confederate Army manag'd a long War and brought it to a good Conclusion of which there are but few Examples in History for tho the beginnings of Confederacies have been always vigorous and successful their Progress has been generally feeble and Event unfortunate By his Interest and Power he has made a King of Poland an Elector of Collein and erected a ninth Electorate in the Empire He has restored the Duke of Lorraine and taken the Bridle off from the Heads of the Italian Princes by having been the Cause that Cazal and Pignerol were demollish d. He has procur'd advantageous Terms for all his Allies He has caused fortified Towns and large Provinces to be restor'd which had been couquer'd long before He forced his Potent Neighbour to make the the first Advances towards a Peace which is more than Wise Men when the War began could promise to themselves in their most Sanguine Hopes He made himself be sought to when his Enemies prosper'd and when the Confederate affairs declin'd All which are manifest Proofs that he is as Great in the Cabinet as in the Field And to Crown all his Glories by one Act he has shown his Goodness to humane kind and given a Demonstration that he never desired Power but for the Benefit of others His so cheerfully disbanding the Army at the request of his Parlament is a Proof beyond all Contradiction that he both Loves and Trusts his subjects and that his Noble Mind conscious of no ill is apprehensive of no Danger While Tyrants who inslave their Country are affraid tho inviron'd with Numerous Troops He knew himself to be sufficiently guarded by the Affections of his People Many Princes who have taken up Arms to relieve an oppress'd Nation have made it appear in the course of their Proceedings that they were incited to it by some Ambitious Ends and not alone mov'd by a true desire of that Fame which follows virtuous Deeds and the People they came to redeem have afterwards found that they did no more than change one bad Ruler for another But this Heroick King has follow'd the Pattern of Timoleon the Corinthian who not only rescued the Sicilians from Tyranny but likewise left 'em in full Possession of their Freedoms He has squar'd his Actions by those of T. Quintius Flaminius who when he had subdu'd the Macedonians and reduc'd King Philip to Terms of Peace erected an eternal Trophy to his future Renown when he pronounc'd by the Voice of a Herald That Greece should thence forward be exempt from Taxes Impositions and Garrisons and Free to Govern it self by its own Laws The same Liberties did the King in effect Proclaim for ever to all England when he delivered us from the Expences and which lay more heavily upon us from the Terror of a Standing Army His happy Reign has not only freed our Persons but likewise set our Minds at Liberty which had for many Years been inslav'd by wrong Principles of Vnlimited Obedience due to the unlimited Exercise of Power Notions with which the Schools had poison'd our Youth and which only serv'd to draw the Prince on to Govern amiss but prov'd no security to him when the People were grown weary of ill Government The late Revolution justified by its Necessity and by the Good it has produc'd will be a â—asting Answer to all that foolish Doctrine so that with the other Blessings of this King's Accession to the Throne the very President is not to be accompted among the least Insomuch that what we did at that time not only freed us then but has set Liberty it self upon a better Foot and cur'd us of those blind Errors and dark Mists which our own Luxuries and the Craft of Courtiers had brought upon our Understanding A Prince thus adorn'd fear'd for his Courage admired for his Wisdom and belov'd for the Good he has done his People must certainly be able to surmount the greatest Difficulties 'T is not a Bâ—fflâ—d and dishearten'd Party lingring may be after their former Bondage can give him any Opposition Much less need he apprehend the Mercenary and inconstant Crew of the Hunters after Preferment whose Designs are always seen through who are dispis'd as soon as known and who only lead one another But a King who would reform the State for the general Ease and Benefit of his People must expect to meet with some Difficulties especially if a great many of those about him are Partakers in the Abuses he would correct All sort of Rubbs will be laid in
Grants shall be brought to the Principal Secretary or to one of the King's Clerks of his Grace's Signet for the time being to be at the said Office of the Signet pass'd accordingly And be it also ordained and enacted That one of the Clerks of the said Signet to whom any of the said Writings signed with the King 's most gracious Hand or the Hand of any other aforesaid or any of them fortune to be deliver'd may and shall by Warrant of the same Bills and every of them within the space of eight days next after he shall have receiv'd the same unless he have Knowledge by the said Secretary or otherwise of the King's Pleasure to the contrary make or cause to be made in the King's Name Letters of Warrant subscrib'd with the Hand of the same Clerk and sealed with the King's Signet to the Lord Keeper of the King 's Privy Seal for further Process to be had in that behalf And that one of the King's Clerks of the said Privy Seal upon due Examination had by the said Lord Keeper of the said Privy Seal of the said Warrant to him addressed from the Office of the said Signet as afore may and shall within the space of eight days next after he shall have receiv'd the same unless the Lord Keeper of the Privy Seal do give them Commandment to the contrary make or cause to be made by Warrant of the foresaid Warrant to the said Lord Keeper of the Privy Seal Address from the Office of the Signet aforesaid other Letters of like Warranty subscribed with the Name of the same Clerk of the Privy Seal to the Lord Chancellor of England Lord Keeper of the Great Seal Chancellor of the Dutchy of Lancaster Chancellor of the King's Land of Ireland Treasurer and Chamberlains of the Exchequer and Chamberlains of any of his Counties Palatines or Principality of Wales or other Officer and to every of them for the writing and ensealing with such Seals as remain in their Custody of Letters Patent or Closed or other Process making due and requisite to be had or made upon any the said Grants according to the Tenor of the Warrant to them or any of them directed from the Officer of the Privy Seal as is afore specified These Cautions show how carefully our Constitution has provided that nothing shall be done which may turn in Despendium Regis aut Regni But here some flattering Lawyers will affirm That these Methods are Directive not Coerceive Or as Hobart says †Hobart's Reports Colt and Glover P. 146. That these kind of Statutes were made to put Things in ordinary Form and to ease the Sovereign of of Labour but not to deprive him of Power according to this Maxim of the same Judge That * Lord Sheffeild ver Ratcliffe p. 335. Dare Prerogativam est nobile Officium Judicis Debitum And truly heretofore Westminster-hall did so order it that these Fences intended to keep the Publick Revenues from the Hands of Spoilers were all broken down and that all these Statutes were evaded For the Force of all these wholsome Laws was enervated by Clauses afterwards incerted into the Letters Patents viz. Ex certa Scienta mero motu Gratia speciali Ex certa Scientia was very antiently made use of but the words became more necessary afterwards to defeat the 1st of Henry IV. where 't is enacted †Rot. Parl. 1 Hen. 4. Num. 98. That the true and express Value of the thing to be granted shall be incerted in the Letters Patents otherwise the Grant to be void So that these words suppose the King to have certain knowledge in every Circumstance of the thing he is to give away which happens very rarely to be the Case But notwithstanding these words if certain Proof can be made that the King was misinform'd by false Suggestion no Lawyer will say the Grant is good Ex mero motu imports the Honor and Bounty of the King who Rewards the Patentee for Merit without his Suit These words suppose the King to be truly appris'd of the Person 's Merit and were brought in to obviate the 4th of Henry IV. whereby it was enacted * Rot. Parl. 4 Hen. 4. That no Lands should be given but to such as deserv'd them and if any made Demands without Desert that he should be punish'd And to the same purpose were added the words Ex Gratia speciali yet more to denote that the Gift proceeded meerly from the King's Favour and not at the Party's Sollicitation But besides all this because anciently it seem'd a Fundamental that the Crown-Lands were not alienable and because all along Parliaments had complain'd of these Alienations as looking upon 'em to be illegal the Lawyers of old Times endeavour'd to secure and cover all by a Clause of Non Obstante to be incerted in the Patents These Clauses of Non Obstante were not known in our original Constitution Mathew Paris says they grew rife in the Reign of Henry III. Anno Dom. 1250. * Mat. Paris p. 810. Sprsimque jam tales Literae in quibus inserta est haec detestabilis adjectio Non Obstante Priore Mandato vel haec Non Obstante Antiqua Libertate Suscitabantur Then he goes on Quod cum comperisset quidam vir discretus tunc Justitiarius scilicet Rogerus de Thurkeby ab alto ducens suspiria de praedictae adjectionis appositione dixit Heu heu hos ut quid dies expectavimus Ecce jam civilis Curia exemplo ecclesiasticae Coinquinatur a Sulphureo fonte intoxicatur But this Clause grew more necessary after the 11th of Henry IV. when it was plainly and directly enacted * Rot Parl. 11 Hen. 4. Num. 23. That all manner of Heriditaments which from thenceforward should fall into the Crown should not be alienated but remain to the King And this last Law being positive unrepeal'd as we know of and still in force as much as Magna Charta and the Doctrin of Non Obstantes seeming to be condemn'd by The Ast declaring the Rights and Liberties of the Subject in these Words That the pretended Power of Suspending of Laws or the Execution of Laws by Regal Authority without Consent of Parliament is Illegal That the pretended Power of dispensing with Laws or the Execution of Laws by Regal Authority as it hath been assum'd and exercis'd of late is Illegal There will arise a Question how far the Grants made since the passing this Act 1 Gul. Mar. are valid by the Laws as they stand at present For we may argue thus It was enacted 11 Hen. IV. That the Crown-Lands should not be granted away However the Practice was otherwise and the Grants were supported by Clauses of Non Obstante But these Non Obstantes or the dispensing with Laws in force being declar'd Illegal it should follow that the Grants of Crown-Land made for these last ten Years are void in Law and revokable at the King's Will and Pleasure
before theym proved not to be made reared or assigned upon true Grounde or Cause of Duetee in likewyse to be voide and the Kyng therof quyte and discharged for evermore Then follow Sixteen Exceptions or Savings as to private Interests which the House of Commons make and they are much of the same Nature as those in the other Acts. Resp As touchyng this Bill of Resumption and the other Acte above specified concernynge Assignations made by the Kynge and the Fourme of Paymentes of his Dettes and all thynges comprised in either of the seid Billes and Acte and the other Matiers and Articules above specified the Kyngs Highnesse hath well conceyved and understond the same and by thadvyse and assent of the Lordes Spirituells and Lordes Temporells and the Comons beyng in this present Parlement and by the Auctorite of the same theym hath accepted and agreed So also that such Provisions and Exceptions as by his Highness be or shall be made and agreed and duryng the tyme of this present Parlement in Writyng to or upon the Premisses be good and effectuel the seide Bille or Acte or eny other the Premisses notwithstondyng for the Equyte and Right wis reward that the Kyng intendeth to do to every of his Subgietts for his Merites which shall be to the Pleaser of God and Honour of his Highnesse and the Wee l of all the Lond and People Then follow a great Number of Exceptions brought in by the King but they do not seem of that Nature as if it were design'd they should defeat the Intentions of the House of Commons as the Savinâ—s in the first Act of Resumption pass'd in this Reign plainly did So that at last both King and People appear to be in Earnest in this Matter But all the Acts of Resumption hitherto pass'd were not thought sufficient so that tho' we cannot find Richard the Third who succeeded Edward was any great Giver yet the Parliament in the Reign of Hen. 7. who was Successor to Richard believ'd another Resumption necessary Rot. Parl. 1 Hen. 7. p. 2. Anno 1. Hen. 7. Prayen the Commons in this present Parliament assembled That where the most noble and blessed Prince of most holy Memory King Henry the 6th your Uncle whom God rest and other your noble Progenitours have kept as worshipfull noble and honorable Estate of their Household in this Lond of the Revenues thereof as have done eny King or Prince in Englond christenned to the Ease and Rest of the People of the same without agrudging or lack of Payment therfore such as caused all other Londs to have this your said Lond in as worshipfull Renown and as great Dread as any other Lond christenned and for that the Revenuâ— of your said Lond to your Highnesse now belonging mowe not â—uffice to keep and susteine your honourable Household nor your other ordinarie Charges which must be kept and born worshipfully and honorably as it accordeth to the Honour of your Estate and your said Realm by which your Adversaries and Enemies shall fall into the dread wherin heretofore they have byn That it would please your Highnesse by thadvyse and assent of the Lords Spirituall and Temporall in this present Parliament assembled and by Auctoritie of the same for the Conservation and Suportation of your said Estate which first to Gods Pleasure secondarie for your own Suertie Honour and Weal and for the third to the universal Weal Ease Rest and Suertie of this Land the which you owe to preferre afore the Favour of any Persone or any Place or other Thing earthly to take seise have reteyne and resume into your Hands and Possession from the 21st Day of August last passed all such Castles Lordshipps Honours Manours Londs Tenements Rents Services Feefermes Knights Fees Advowsons Annuitees Yefts of Offices to yeve at your Pleasure Grantes of keeping Ideots Faires Markets Hundred Turnes Views of Frankplegge Leets Yssues Fines Amerciaments Libertees Fraunchises Prorogatives Escheates Custumes Reversions Remainders and all other Hereditaments with their Appurtenances whatsoever they be in England Wales Ireland of Caleys or the Merches thereof as the said most christen and blessed Prince King Henry the 6th your Unkle had of Estate of Enheritance or any other to his Use had the 2d Day of October the 34th Year of his Reigne or any tyme sith as parcell or in the Right and Title of the Crown of England of the Duchie of Lancastre the Duchie of Cornwall the Principalitie of Wales and the Earldome of Chester Saving to every of your liege People such Right Title and Interesse as they or any of them should have or might have had in or of the Premisses or any Parcel thereof other than by means of Lettres Patentes of any King of this your Realm or by Act of Parliament made after the said 2d Day And over this be it enacted ordeyned and stablished by the same Anctoritie that all Yefts Graunts Leases Releases Confirmations and Discharges of any Castels Honours Lordshipps Manours Lands Tenements Rents Services Reversions Annuites Feefermes Offices Liberties Fraunchises or other Hereditaments and all Appropriations Corporations Collations Assignments and Graunts of any Debt or Summes of mony by Letters Patentes or Tailles as to any Payment only whereof the Days of Payment have or shall grow after the 21st Day of August last passed made by Richard the 3d late in dede and not of right King of Englond any tyme during his usurped Reigne under his great Seale of the Countie Palatine of Chester or by Tailles to any persone or Persons or Body corporate and also all Yefts and Grauntes by Authoritie of Parliament or otherwyse made by Edward the 4th late King of England or by Edward his Son late called King Edward the 5th to any persone or persones be fro the said 21st Day of August adnulled void and of no force ne effecte And all Graunts made by the said Edward the 4th late King of or touching the Earldome of Devonshire or any Parcell thereof be from the same 21st Day also void and of no Force ne Effecte Then comes A Saving for some special Grants made by Edward the 4th and King Richard as to Lands of the County Palatine of Lancaster Chester or of the Earldome of March A Saving to Abbots Abbesses Priories in England or Wales as to the Restitution of any of their Temporalities A Saving for License to incorporate or found any Chantery c. Then follows And over this be it inacted ordeyned and stablished by the sayd Auctority that all Graunts and Letters Patentes of any Office made by our sayd Sovereign Lord afore the 20th Day of January the 1st Year of our Reign to any persone or persons be from hence forth void ne of no effecte A Saving for the great Officers and Others as to their Employments and Wages A Saving for the Patents of the Peers and their Creation-Money And to Corporations c. Then follow Ten Exceptions or Savings made by the House of Commons to