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
caused all other Londes to have this youre seid Lond in worshipfnl renowne and as grete drede as oney Lond christenned And notwithstanding the grete and large Grauntes of Godes that by youre true People of this Londe hath been often tymes geven of true love and feith tender Zele and Affection unto youre seide Highnesse ye be indebted in such outragious Somes as be not easy to be paied which by Goddes Law and eschewyng his Displeasure owe to be paied and contented and that furthermore the Revenues of the seid Londe to youre Highnesse now◠belongyng mowe not suffice to kep◠and susteyne your honourable House hold which not onely but also your other ordinarie Charge mot be kep◠and boron worshipfully as it accordeth to the Honour of youre Estate and youre seide Londe if youre Adversaries and Enemies shuld fall in◠the drede wherein heretofore the have been and shall with Godd◠Grace be of youre mighty Regal and of youre seid Lond whereof yo◠People lament and sorrow petious◠and hevely the amennsyng of th◠worship and prosperite wheryn 〈◊〉 hath joyed and ben reputed in th◠days heretofore now the refuse of a◠other Londes reputed agrugyng al◠right hevely the Charge that hath bee◠born and dayly is born among they◠of Vitaille and other Charges 〈◊〉 youre seid Household and ordinar◠Charges whereof they been not paie◠to theyr grete losse and hurt whic◠they mowe not of oney reason one longer susteyne It please you by thadvyse and Assent of the Lords Spirituel and Temporel in this present Parlement assembled and by auctorite of the same for the Conservation and Supportation of youre seid Estate which first to Goddes pleasure secundarie for youre own Suerte Honour and We le and for the third for the universal We le Ease Reste and Suerte of this Lond the which ye owe to preferre afore the favour of oney Persone or oney Place or other Thyng erthly and to th entent that youre seid Enemies from whose knowlege the penurie of youre seid Household and the Cause thereof and also the agrugying therfore of youre seid People had is not hidde whereof without dout they take a grete Courage and bouldnesse ayenst youre seid Lond mowe falle from the seid Courage into rebuke and have youre seid Lond and People in such drede as heretofore in the days of you and of youre Progenitours they have hadde to take seise have reteyne and resume into youre hands and possession from the Fest of Seint Michel tharch angel next comyng all Honours Castells Lordships Townes Townshipps Maners Londs Tenementes Wastes Forestes Chases Rentes Reversions Fee-fermes Services Issues Profites of Countees Advowsons of Priores Churches Hospitals and of free Chappel and all other Revenues with theyr Appurtenances pass'd from you syth the first day of youre Reigne and by you graunted by youre Letters Patentes by Authorite of Parlement or in oney other wyse by youre Grantes Confirmations or Relesse in Fee-simple Fee-taille terme of Lyfe or terme 〈◊〉 Yeris to oney persone or persones 〈◊〉 Englond Wales or in the Marche◠thereof in youre Londe of Ireland Guysnes Calais or in the Marches therof or in Scotland or in the Este o◠Weste Marches of Englond toward Scotland And also to take resume and reteigne into youre hands from the sei◠Fest all the Honours Castells Lordshipps Maners Londes Tenementes Wastes Rentes Reversions Fee-fermes and Services with all they re Appurtenances which were of the Dutchie o◠Lancastre and pass'd from you by youre Grauntes Confirmation or Relesse or by Auctoritie of Parlement or wherof oney persone or persones were seised to youre use or to the use of your seid Fadir o◠to the performing of youre or his Will ye to have hold and reteyne all the Premisses in and of like state fourme and condition as ye or oney other to youre Use or to the Use of youre seid Fadir or to the perfourmyng of his or youre Will hadde theym atte the seid first day or oney tyme syth oney Acte or Ordenaunce by Parlement or oney manere of Letters Patentes Grauntes or Estates by you or oney other persone or persones of oney of the Premisses in oney wyse made to or for oney Persone or Persones at youre request or desire or otherwyse notwithstanding All Offices of youre seid Dutchie such as the seid first day were Offices there and the Fees Wages and Rewardes than as afore to theym had accustomed or apperteignyng except And over that that all Manere of Graunts of Rentes Rent-charges Annuities Some or Somes of Money by you or oney other Persone syth the seid first day made of Estate of Enheritaunce or terme of Lyfe or terme of Yeris to oney Person or otherwyse to be taken or hadde in or of oney of the Premisses or of oney of youre Custumes Subsidies Awnage or of the Profites and Revenues of youre Hanaper comyng or at or in the receite of youre Exchequer or in oney other Place within this youre seid Realm or in the seid Lond of Irelond or within Wales Guysnes Caleys or the Marches therof be from the seid Fest void and of noon effecte to have hold or occupie from thenceforthe oney of the Premisses And that all Manere of Grauntes o◠Relesses by you syth the seid first day made to oney persone or persones of oney Estate of Enheritaunce terme o◠Lyfe or terme of Yeres or otherwys◠of oney of the Premisses or of th◠keepyng of oney of them or of oney of youre Goales or of oney Herbage or Pannage Fishing Pasture or Comy◠of Pasture Wareyn Wode Wax Wine Clothing Furres Annuities Fee or oney Wages for doyng or occupying oney Office or Charge and t◠noon suche Office or Charge the seid first day due accustomed belongyng o◠apperteyning be void and of noon effecte And furthermore to ordeyne by thadvyse assent and auctoritie aforesaid that all Grauntes made by you to oney persone or persones of oney Office or Offices which were noon Office or Offices the first day of youre seid Reigne or afore be voide and of noo force And that all manere of Grauntes by you or oney other Persone or Persones syth the seid first day to oney Persone or Persones made whereby the same Persone or Persones to whom oney such Graunte or Grauntes be made shuld graunte or have power to graunte oney Prebende or Prebendes Churche or Churches Hospital or Hospitals fre Chappel or fre Chappels or oney manere Collecion Office or Offices to to oney Officer to make the Yeft or Presentation of which Prebend or Prebendes Churche or Churches Hospital or Hospitals fre Chappel or fre Chappels Collecion Office or Offices or of the makyng of the seid Officers the seid first day or oney tyme syth belong'd to you be void and of noo force nor effecte to th entent that of such Offices and other the Premisses it mowe please you to reward youre Servauntes menial furthermore that all manere of Grauntes by you made to oney persone or persones of oney
And also all Grauntes to be made of old Offices which were Offices the first day of youre Reigne to the which belongeth and needeth actuel Exercise and Fees and Wages the same first day to the same Offices perteynyng or belongyng except out of the seid Peynes And that no such persone to whome oney Lesse or Lesses Graunte or Grauntes shall be made after the seid Fest for terme of Yeris or atte Wille of oney Thyng parcelle of the Duchie of Lancastre Erldome of Chestre Principalete of Wales Caleys and Guysnes and the Marches therof or of oney thyng to theym or oney of theym belongyng or appërteynyng be not hurt nor endamaggd by the penalty of this seid Acte Then follow Two Savings one for the Prince of Wales and another for Richard Duke of York as to some Patents they had Resp As touchyng this Petition of Resumption the Kyng hath well conceived and understood the Maters Articles and Desyres conteyned in the same Petition wherfore the Kyng by thadvyse and assent of the Lords Spirituel and Temporell beyng in this present Parlement and by Auctorite of the same taketh and resumeth into his Hands all manner thyngs conteyned in the seid petition and the same agreeth and accepteth the Penalte in seid petition except and leid apart alweye his Prerogative reserved forseyn alweye that suche provisions and Exceptions as been by his Highnesse by thadvyse of the seid Lordes Spirituel and Temporel made and agreed or to be agreed and in this same Parliament put in Wrytyng upon the premisses be good and effectuel the seid Acte notwithstanding for the Egalte and Reason that the Kyng ought to do to his people the which shall be to the pleaser of Godde the Honour and the We le of his Lond and People Then follow a great Number of Savings and Provisions all of 'em much of the same Nature with those in the former Acts and none of 'em seem such as could any wise defeate the Designe of the Parliament which was that all immoderate Grants should be actually resumed But some may object that Henry the Sixth under whose Reign these Three Resumptions were made was a weak Prince unfortunate Abroad engag'd in Factions at Home and kept under by the Power of the House of York whereunto we answer That it was the Interest of Great Men rather to oppose such an Act for they were most like to suffer by it therefore it s Passing was not the Effect of Faction but indeed it was carry'd on by the Weight of the People But these Objections will be more fully answer'd when we show that the same Thing was done by a Prince who had master'd all Parties and under an Active and Martial Reign which was that of Edw. IV. his Successor where the Presidents for a Resumption are four times confirmed As soon as Edward the Fourth came to the Crown one of the first Things desired by his Subjects was an Act of Resumption Rot. Parl. 1 Edw. 4. N o 11. And over that that our seid Sovereign Leige Lord King Edward IV. the Fourth Day of Marche was lawfully seised and possessed of the seid Corone of Englond in his Right and Title and from thenceforth have to hym and hys Heires Kynges of Englond all such Mannours Castels Lordshippes Honours Londs Tenements Rentes Services Fees Feefermes Rentes Knyghts Fees Advowsons Gyftes of Offices to geve at his pleasure Fairs Markets Issues Fines and Amerciaments Libertees Franchises Prerogatives Escheates Custumes Reversions Remainders and all other Hereditaments with theyr Appurtenances whatsoever be they in Englond Wales and Irelond and in Cales and the Marches thereof as Kyng Richard the 2 d. had on the Fest of Seint Matthew the Apostle the 23th Yere of his Reigne in the Right and Title of the seid Corone of Englond and Lordshippe of Irelond Resp The Kynge by thadvyse and Assent of the Lords Spirituel and Temporel in this present Parlement assembled at the Request of the Comyns beyng in the same agreeth and assenteth to this Petition and it accepteth with certain Moderations Provisions and Exceptions by his Highnesse thereupon made and in certain Cedules written and in the same Parlement delivered the tenor of which follows Then follow the Exceptions or Savings to particular Interests which are in Number 85. But this Resumption looking so far backwards as the Reigns of Henry the Sixth Henry the Fifth and Henry the Fourth was too large to have any good Effect And as to its having been impracticable and not well concerted we have this Argument that a new Act better digested and which did not retrospect so far was thought necessary Anno 3. 4. of the same Reign Anno 3 4. Edw. 4 ti There pass'd another Act of Resumption 3 4 Ed. 4 Rot. Parl. N o 39. At which day and place for divers Causes and Considerations conteynyng the Honour and Prosperite of the Kyng our Soverayne Lord and also the Commonwele defence and welfare of this Reame and of his Subgetes of the same hit is ordeyned and enacted and stablished by thadvyse and assent of the Lords Spirituels and Temporels and of the Comyns in this present Parlement assembled and by Auctorite of the same That the Kyng froâ— the Fest of the Purification of oure Lady the Yere of our Lord 1464 have take seize hold and joye all the Honours Castells Lordshipps Towns Townshipps Manours Londes Tenementes Wastes Forestes Chases Rentes Annuities Reversions Fermes Services Issues Profites and Commodites of Shires which he had the 4th day Marche or eny tyme after afore the seid Fest by reason of his Duchie of Laâ—castre or by the Forfeitur of Henry the 6 th late in dede and not in right Kyng of Englond in Englond Irelond Wales and Marches thereof Guysnes and Caleys and Marches thereof and pass'd from hym the seid 4th day of Marche or eny tyme after and afore the seid Fest by his Letters Patentes to eny Persone or persones in Fees Fee-simple Fee-taille terme of Lyfe or terme of Yeres And that the Kyng have and Injoy every of the Premisses in like Estate and Condition as he had theym the seid 4th day of Marche or after And also that all Yefts Grauntes and Relesses made by the Kyng the seid 4th day of Marche or eny tyme after afore the seid Fest to eny Persone or Persones of eny of the Premisses in Fee-simple Fee-taille terme of Lyfe or terme of Yeres under eny of his Seales be from the seid Fest of Purification void and of noo force nor effecte Ibid. N. 40 And also that all Yeftes Grauntes Ratifications Relesses and Confirmations made by the Kyng the seid 4th day of March or eny tyme after and afore the seid Fest to eny Persone or Persones of any Possessions Right Title or Interesse of his Duchie of Yorke or Erldome of Marche or eny part of them or of eny Pension Rent Annuite to be had taken perceyved or levyed of or in the same Duchie and Erldome or
eny of theym or eny parcell of theym be from the seid Fest void and of noo force nor effecte And that this Act extende not to eny Honours Castells Lordshipps Manours Londes Tenementes Rentes Services Possessions or Enheritaments which came to the Hands or Possession of our seid Soveraine Lord Kyng Edward the 4 th or apperteyned or belonged to hym or that he shuld have had the seid 4th day of Marche or eny tyme after by the forfeiture of eny Persone in the Parlement hold at Weâ—â—minster the 4th day of November the seid first Yere attainted or by force of an Act of Forfeiture therin made other than by the Forfeiture of Margarete late called Queen of Englond And also that this Act extend not to any Graunte or Grauntes afore this tyme made to eny Lord not attainted of eny Annuite for the Sustentation of his Name and Estate nor to noon Office or Offices which were Office or Offices the seid 4th day of Marche or afore and needeth actuel Exercise graunted the seid 4th day of Marche or after to eny Persone or Persones for terme of his Lyfe or they re Lyfes with Fees Wages and Profites to the same Office or Offices afore the seid 4th day of Marche due and accustumed And also that all Yefts made by the Kyng the seid 4th day of Marche or eny tyme after under eny of his Seales to eny Persone or Persones of eny Office wheruppon noo charge hangeth nor nedeth to be of actuel Exercise or Occupation be from the seid Fest voide and of noo force nor effecte Also that all Grauntes made by the Kyng the seid 4th day of Marche or eny tyme after to eny Persone or Persones of eny Office or Offices with Fees and Wages then not due and accustumed nor apperteynyng to the same Office or Offices the seid 4th day of Marche be from the seid Fest as to the seid Fees and Wages not due and accustomed void and of noo force and effecte This Acte to be had and take with such Exceptions and Provisions as shall please the Kyng to make Then follow Three Savings made by the House of Commons 1 st For Sums issued to the Payment of the King 's own Debts 2. For Corporations Cities and Boroughs c. as to any Gift Grant Demise Lease Release Jurisdiction Authority Confirmation Ratification Licence Pardon c. granted by the Kings Henry the 4 th 5 th and 6 th 3. For Grants or Licenses given by the said Kings to any Person to found or make Fraternities Gyldes Hospitals c. or to purchase Lands for those Uses Then follow a prodigious Number 〈◊〉 Savings and Exceptions and so many as indeed seem intirely to defeat thâ— Design and Intention of the Act which in the 7th of the same Reign produc'd another Resumption This Heroick Prince who himselâ— had fought so many Battles and whâ— by his Courage from a private Person got to be King of England invites hiâ— People from the Throne to resume whaâ— had been plunder'd from the Crown iâ— the Words following 7 Edw. 4. Rot. Parl. N. 7. John Say and ye Sirs comyn to this my Court of Parlement for the Comon of this my Lond The Cause why Y have called and summoned this my present Parlement is Y purpose to to lyve upon my nowne and not to charge my Subgetts but in grete and urgent Causes concerning more tho we le of theymself and also the defence of theym and of this my Reame rather then my nowne pleaser as heretofore by Comons of this Lond hath been doon and born unto my Progenitours in tyme of nede wherein Y trust that ye Sirs and all the Comons of this my Lond wol be as tender and kind unto me in such Cases as heretofore eney Comons have been to eney of my seid Progenitours And for the good Wills kindnesse and true herts that ye have born continued and showed unto me at all tymes heretofore Y thank ye as hertily as Y can as so Y trust ye wol contenue in tyme comyng for the which by the Grace of God Y shall be to you as good and gracious Kyng and reigne as reight wisely upon you as ever did eney of my Progenitours upon Comons of this my Reame in days paste and shall also in tyme of nede aply my Person for the We le and defence of you and of this Reame not sparyng my Body nor Lyfe for eny jeopardie that mought happen to the same Ibid. N. 8. Memorandum Quod quedam Cedula formam cujusdem Actus Resumptionis in sâ— continentis exhibita fuit in presenti Parliâ—mento in haec Verba For divers Causes and Considerations concerning the Honour State and Prosperite of the Kyng and also of the Commonwele defence surete and welfare of this Reame and his Subgettes of the same it is ordeyned enacted and established by thadvyse and Assent of the Lords Spirituells and Temporells and Comons in this present Parlement assembled and by Auctorite of the same That the Kyng from the Fest of Ester last past have take seize hold and joy all Honours Castells Lordshipps Townes Towneshipps Manors Londes Tenementes Wastes Forestes Chaces Rentes Annuities Fermes Fee-fermes Reversions Services Issues Profites Commoditees which he was seised and possessed of the 4th day of Marche the first Yere of his Reigne or eny tyme after by resone of the Coroune of Englond the Duchie of Cornwaille Principalite of Wales and Erldom of Chestre or eny of theym in Englond Irlond Wales and Marches thereof or that apperteyned or belonged to hym the same fowerth day or eny tyme sin as paroell of his Duchie of Lancastre or by the forfaiture of Henry the Sixt late in dede and not in Right Kyng of Englond or eny Person atteynted sin the seid 4th day of Marche by auctorite of eny Parlement holden sin the seid 4th day or otherwyse attaynted by the course of the Comon Lawe of this Lond and passed from the Kyng under eny of his Seales to eny Persone or Persones in Fee-simple or Fee-taille terme of Lyfe or terme of Yeres and that the Kyng fro the seid Fest of Ester have hold and joye every of the Premisses in lyke estate as he had theym the seid fowrthe day of Marche or eny tyme after Also that all Yeftes Grauntes Ratifications Releses Leses Demyses and Confirmations made by the Kyng the seyd 4th day of Marche or eny tyme sin to eny Persone or Persones of eny of the Premisses in Fee-simple or Fee-taille terme of Lyfe or terme of Yeres under eny of his Seales be from the seid Fest of Ester void and of noo force nor effecte And furthermore it is ordeyned by the seid Advyse Assent and Auctorite That the Kyng from the seid Fest of Ester have take seise hold and joy all Honours Castells Lordshipps Townes Towneshipps Manours Londes Tenâ—mentes Rentes Services Possessions Enheritaments Issues profites and Comoditees which the full noble and famous Prynce Richard veray true and
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
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
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