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A37160 A discourse upon grants and resumptions showing how our ancestors have proceeded with such ministers as have procured to themselves grants of the crown-revenue, and that the forfeited estates ought to be applied towards the payment of the publick debts / by the author of the Essay on ways and means. Davenant, Charles, 1656-1714. 1700 (1700) Wing D304; ESTC R9684 179,543 453

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great Increase besides 't is notorious K. Henry the Eighth either sold or gave away a great Part of the Church-Lands From all which it must follow by undeniable Consequence that the fore-mention'd Acts of Resumption did restore the Crown-Revenue consisting in Rents and Farms to the State and Condition wherein it was in the beginning of King Charles the Second's Reign And Lastly For their Satisfaction who pretend Resumptions are against the Fundamentals of our English Law we shall produce the Opinion of a Venerable and Learned Lawyer in this Point 't is taken out of a Book written by Sir John Fortescue Chief Justice of the common-Common-Pleas in the Reign of Henry the Sixth The Manuscript is in the Bodleian Library at Oxford 't is intituled Sir John Fortescue's Treatise De Dominio Regali and De Dominio Regali Politico But let the Author himself speak with his Old English Heart as well as in his Old English Words CHAP. XI Hereafter ys schewyd what of the Kyng's Lyvelood geven away may best be takyn ageyne Bib. Bodl. Digh. 145 The Kyng our Souveraign Lord had by times sethen he Reyned upon us Lyvelood in Lordshipps Londs Tenements and Rents nere hand to the Value of the 5th Part of his Realme above the Possessions of the Chirche by whiche Lyvelood if it had abydyn still in his Hands he had been more mighty of good Revenues than any of the sayd Two Kyngs sc the Kyng of France or the Sowdan of Babylon or any Kyng that now reyneth upon Cristen Men. But this was not possible to have done for to sum parte thereof the Heyres of them that sum time owyd it be restored sum by reason of Taylys sum by reason of other Tytles which the Kyng hath considered and thought them good and reasonable And sum of the same Lyvelood hys good Grace hath gyven to such as hath servyd him so notably that as their Renown will be eternal so it befetteth the Kyngs Magnificence to make their Rewards everlasting in their Heyres to his Honour and their perpetual Memory And also the Kyng hath gyven parte of Lyvelood to his most honourable Brethren which not onley have servid hym in the manner aforesaid but byn also so nygh in Blode to his Highnesse that it befet not his Magnificence to have done otherwise Neverthelesse some Men have done hym Service for which it is reasonable that his Grace had rewardyd them and for lack of Money the Kyng than rewarded them with Lond And to sum Men he hath done yn likewise above their Demerits thorow Importunite of their Sewtes And yt is supposyd that to some of them is gyven a C l. worth Lond yerely that would have hould him content with CC l. in Money if they might have had it in hande wherefore yt is thought yf such Giftes and namely those which have byn made inconsyderately or above the Merits of then that have them ware reformyd and they rewardyd with Money or Offices or somewhat Lyvelood for terme of Life which after their Deths wold then return to the Crown the Kyng schuld have such Lyvelood as we now seke for sufficient for the Maintenance of his Estate And yf yt would not then be so grete I hold yt for undoubtyd that the People of this Lond wol be wyllyng to graunte hym a Snbsidye upon such Commodities of his Realm as be before specifyd as schal accomplish that which schal lack him of such Lyvelood So that his Highnesse wol wel establish the same Lyvelood then remaynyng to abide perpetually to his Crown without translatyng therof to any other Use For when that schal happyn hereafter to be given hytte schal nede that his Commons be chargyd with a newe Subsidye and be alwaye kepte in Povertie Hereafter ys schewyd why yt needeth that there be a Resumption We found by grete Causys yt was nedefull that all such Gyftes as have ben made of the Kynges Lyvelood inconsyderately as not deservyd or above the Merites of them that hath getyn them were reformyd so that they which have done Service be not over rewardyd which thyng as me thynketh may not perfitly be done without a general Resumption made by Act of Parlement And that ther be gevyn the Kynge by the Auctorite of the same Parlement a grete Subsidye with which his Highness with the Advice of his Counceil may reward those that have deservyd rewards and ought not therefore to have parte of his Revenues by which his Estate must nedes be mainteyned or ought not to have so much of the Revenues as they have now or not so grete Estate in the same Consyderyng that all such geving away of the Kynges Lyvelood is harmfull to all his Leige Men which schal therbye as is before schewyd be artyd to a new Charge for the Sustentation of his Estate But yet or any such Resumption be made yt schal be good that an honorable and notable Counceil be establyshyd by the advyse of which all new Gyftes and Rewards may be moderyd and made as yf no such Gyftes or Rewards had ben made before this time Provyded alway that no Man be harmyd by reason of such Resumption in the Arrearages o● such Lyvelood as he schal then have which schold ron after the Resumption and before the sayd new Gyftes and Rewards And when such a Counceil is fully create and establyshyd hyt schal be good that all Supplications which schal be made to the Kynge for any Gyfte or Reward be sent to the same Counceil and ther debatyd and delibered First whither the Suppliant have deservyd such Reward as he askyth and yf he have deservyd yt yet yt nedeth that yt be delibered whether the Kynge may gyve such Rewards as he asketh of his Revenues savyng to hymself sufficient for the Sustenaunce of his Estate or else such gevyng war no Vertue but rather a Spice of Prodigality and as for so much it war delapidation of his Crown Wherfor no private Person wol by reason of liberalite or of reward so abate his own Lyvelood as he may not kepe such Estate as he did before And truly it war better that a private Person lackyd his Reward which he hath wel deservyd than that by his Reward the good Publicke and also the Lond were hurt Wherfor to eschewe these two Harmes hyt may than be advysyd by the Counceil how such a person may be rewardyd with Office Money Marriage Fraunchise Privilege or such other thyng of which the Crown hath grete Rychesse and veryly if thys Order be kepte the Kynge schal not be be grevyd by importunyte of Sewters nor they schal by importunyte or brocage optain any unreasonable desires O what myghty quiet schal growe to the Kynge by this Order and in what rest schal al hys People lyve havyng no Colour of grutchyng with such as schal be about hys Person As they were wont to have for the gyvyng away of his Londs and for miscounceiling hym in many other Causis nor of
murmour ageyn the Kyngs Person for the misgoverning of his Realm The first Regular Resumption having been made in the Reign of Henry the Sixth it seems by this Paper which contains the Scheme of a Resumption that the Act for resuming Grants c. pass'd 28 Hen. 6. was modell'd by this able Lawyer who was made Lord Chief Justice of the common-Common-Pleas 20 Hen. 6. and who we find to have been Chief Justice of the King 's Bench the * Rot. Parl. 28 Hen. 6. 28th Year of the same Reign At the End of the Manuscript out of which this was transcribed is this Note Explicit Liber compilatus factus per Johannem Fortescue Militem quondam capitalem Justitiarium Angliae hic Scriptus Manu propria mei Adriani Fortescue Militis 1532. Our Ancestors did not only take Care to help the Princes Affairs by Acts of Resumption but they likewise reliev'd him when he had been over-reach'd or deceiv'd in Releases or what we now call Privy Seals having an Eye that such as were Debtors or Accomptants to the King should not be discharg'd without making a fair and just Accompt whereof we shall produce a President with which we shall close this Section Rot. Claus 8 Edw. 2. M. 11. Rex Thesaurario Baronibus suis de scac●ario Salutem Cum Praelati Comitos Barones ad ordinandum de Statu Hospitii Regni nostri nuper virtute Commissionis nostrae inde factae Elerti inter caeter as ordinationes per ipsos factas per nos approbatas Ordinaverint quod 〈◊〉 Donationes per nos factae ad Damnum nostrum detrimentum Coronae nostrae de terris Tenementis redditibus Custodiis Maritagiis ac etiam pardonationes remissiones debitorum post 16. Diem Martii An. Regni nostri Tertio quibuscunque personis revocentur quod terrae tenementa redditus Custodiae maritagia praedicta in Manum nostrum resumantur quod debita illa non obstantibus pardonitionibus remissionibus praedictis leventur ad opus nostrum Vobis mandamus quod scrutatis Rotulis Memorandis dicti Scaccarii de hujusmodi Donationibus Concessionibus pardonationibus post praedictum 16. Diem Martii In dicto Scaccario factis inspecta quadam Schedula quam vobis super hoc mittimus sub pede sigilli nostri omnia debita in praedictis rotulis memorandis Schedula contenta per vos post praedictum 16. Diem Martii pardonata remissa levari faciatis ad opus nostrum non obstantibus pardonationibus remissionibus praedictis aut allocationibus ad dictum Scaccarium inde factis d● Exitibus de terris Tenementis Custodii● Maritagiis praedictis provenientibus nobis ad dictum Scaccarium faciatis responderi Testa Rege apud Westm 15 Die Martii SECT IV. That several Ministers of State have been Impeach'd in Parliament for presuming to procure to Themselves Grants of the Crown-Revenue IN the foregoing Section we have taken Notice how careful the Commons of England have all along been to assist by Acts of Resumption such of their Kings as had been injur'd by immoderate Bounty We shall now go on to show how Parliaments have proceeded with the Instruments of their Profusion and in what manner they have handled such Ministers of State as have either wink'd at or promoted the Depredations that were made upon their Master's Revenue and especially with those who ●n Breach of their Trust have ventur'd ●o enrich themselves with Spoils so little warranted by the Constitution of this Kingdom The Records we have already cited sufficiently demonstrate that it was ever the Opinion and Sense of the People that the King should live upon his own and that the Nation should not be burthen'd with unnecessary Taxes and Impositions It appears likewise from the foresaid Records that when the Crown has been impoverished by Gifts and Grants new and extraordinary Courses of Raising Mony have become unavoidable It cannot be denied but that our King● have very anciently prescrib'd a Powe● of Alienating the Publick Revenues bu● it may admit of a Question whether th● was not more de Facto than de Jure an● 't is not quite so clear that from the beginning it was so on the contrary it ●ther seems one of those Incroachme● which Flattery and Compliance ha● supported For it would not be difficult to ma● appear that in all these Gothick Gover●ments founded upon the Principles 〈◊〉 Liberty the Publick Revenues we● esteem'd to belong as well to the Kin●dom as to the King * De Repub l. 6. Bodinus says was held as a Maxim in France Th● the Propriety of the Crown-Lands was not in the Prince That 't was esteem'd as a Fundamental in France Spain Poland and Hungary that the Crown-Lands were not alienable Which Opinion has been confirm'd by Decrees of the Parliament of Paris King Charles the V. and VII would not have the Crown-Lands engag'd but by Consent of Parliament * Vie de Charlemagne Mezeray says Le Domaine des Roys ●eluy de l'Eglise etoient inalienables And that tho' their Kings were now and then constrain'd to make Grants C'estoit a vie seulement a titre de Gratification C'est pourquoy ils les nommoient des Benefices mot qui n'est demeuré que dans l'Eg●ise † Lib. 6 Bodinus says all Monarchies and States have held it for a general and undoubted Law That the Crown-Lands should be holy sacred and ina●ienable and that the Maxim is ground●d upon this wholesome Policy That ●e Wants of the Prince might not ●ompel him either to overcharge his ●hole People with Impositions or to ●ek for Wealth by confiscating the * Ibids Lewis XII ●who was term'd the Father of his Country would not mix his Revenues ●nd Patrimony with what belong'd to ●he Publick erecting separate Offices to that purpose Sir * Cot. Post p. 179. Robert Cotton an Author of great Weight in all these Matters says as we have noted before that in England our Ancestors held it impious to alienate the ancient Demeas●e Lands of the Crown We have taken Notice in the second Section of the difference the Roman Emperors made between the Fiscus and the Aerarium the first of which was the private Patrimony and in the other the People had a Right Of this very Thing there are Footste●● in England That is there was anciently a Difference made between the Scaccarium and the Hannaperium and * Spel. Glos p. 278. Spelman seems to liken the Scaccarium or Treasury to the Aerarium and th● Hannaperium or Hamper to the Fiscus Principis † p. 331. Hannaperium Fiscus 〈◊〉 sporta grandior in Cancellaria Regis 〈◊〉 inferuntur Pecuniae é Sigillatione diplo●matum Brevium Chartarum Regiar● c. provenientes For this Branch of th● Revenue as we are inform'd the Cha●cellor in old times did not accompt i● the Exchequer
Duke for the singuler enritchyng of his Nece and her Husbond Son to the Capidawe caused you to make the seid Sonne Earl of Kendale to geve hym grete Possessions and Enheritaunces in Englond and over that to graunte hym dyvers Castells Lordshipps and grete Possessions in youre Duchie of Guyen to the yerely value of one thousand pound and more c. Num. 32. Item The seid Duke within this youre Reame hath untruly Counseilled you to graunte fro you withoute due Consideration the Castell of Mawlyon de Sool in Guyen c. The Five next following Articles relate to his Transactions in Foreign Parts which we omit Num. 38. Item Whereas well full many Quinsismes Dismes Subsidies of Merchandises and other Charges have ben graunted to you by the Commons of this youre Reame assembled in your Parlements as Dismes and other Charges spirituel have ben graunted to you by the Clergy of this youre Reame for the defence and tuytion of the same and the sauf kepying of the Sea the seid Duke of Suffolk hath caused grete partie of the Revenues herof to ben applyed to other Use and Dispence to you not Profitable and so the defence of this your Reame and the sauf kepyng of the Sea not hadde nor kepte to our grete empoverishyng and hurt of this youre Reame Num. 39. Item The seid Duke of Suffolk hath caused the French Queen to have of the Revenues of this your Reame c. Num. 40. Item That where the Lord Sudeley late youre Treasourer of this your Reame the tyme of his departier out of his seid Office of his grete Trouth and Prudence for the defence of youre seid Reame and support of the Charges necessarie of the same left in youre Treasourie in redy Money and sure payment the some of 60000 l. of Quinsismes and Dismes and other Revenues of this youre Reame which Money if it had be well dispended and to such entent as it was left fore in youre Tresourie wold gretely have holpen to the Defence of the same the grete parte of which 60000 l. by the Labour and Means of the seid Duke of Suffolk hath ben myscheavously yeven and distribute to hymself his Frendes and Wele-willers For lakke of which Treasoure noo Armee nor competent Ordeinance myght be sufficiently in due tyme purveyed for thees Premisses Num. 41. Item the seid Duke of Suffolk by his full comberous Suyte and fals coloured Suggestions without eney Merite or deservyng hath optayned of youre Geft to hym in Estate of Enheretaunce the Erldome of Pembroke the Reversion of the Lordshippe of Haverford West after the Deth of Sir Rowland Lenthale with other grete Castells and Lordshipps as well in Englond as in Wales and dyvers grete Wards and Marriages of Heirs and their Enheritaunces in special of Margerette Doughterr and Heire of John late Duke of Somerset by which ye have hadde over grete dammage for it wold heve sufficed to a grete part of the Expense of youre Houshold The next Article relates to his having embezzel'd several Bonds remaining in the Treasury The next to his having embezzel'd several Writs The next for his having procur'd an irregular Pardon for William Tailleboys a Debtor to the King Which Articles being long we omit Num. 45. Item The seid Duke conceyvyng himself to be with you privyest and best trusted by full many Yeres hath presumed upon hymself to name to yovre Highnesse and caused to be made dyvers Persones Shirreves of many youre Countees in this youre Reame some for lucre of good and some to be applyable to his entent and Commandement to fulfylle his Desyres and Wrytyngs for such as hym lyked to th entent to enhaunce hymselfe and have over grete and unfyttyng Rule in this youre Reame Wherof ensued that they that wold not be of his Affinite in their Countreys were every Matter true or fals that he favour'd was furthered and speede and true Matters of such Persones as had not his Favour were hyndered and put abakke Perjuries therby encreased many of youre true Lieges by his Might and help of his Adherents disherited empoverished and distrowed c. The next Article relates to one of his Foreign Transactions Num. 47. Of all which Offences Misprisions and untrue Labours and false Deceytes in the seid Atticles specifyed We youre seid Commons Accuse and Empeche the seid Duke of Suffolk And in the most humble wyse beseche and pray youre Highnesse that this been enacted in this youre high Court of Parlement And that it may be proceeded upon the Premises ayenst the seid Duke during the same Parlement as the Matters and Causes forefeid requiren in Conservation of Justice to the singuler Comfort of all youre Leige People youre Rightwisenesse considering that the seyd Misprisions Fawtes and other full untrue coloured Counseils and myscheivous Dedes of the same Duke which to reherce were over-long and to diffuse have ben the Ground and Cause of the Subversion of youre Laws and Justice and Execution thereof and to the nygh likely Destruction of this youre Reame and other Places under youre Obeysaunce Num. 48. The 9th of March the Duke was brought from the Tower where the Accusations and Impeachments of the Commons were declared to him of which he desires a Copy Num. 49. The 13th of March the Duke was again brought before the Lords Spiritual and Temporal where kneeling he answer'd all the Articles of Treason by himself and utterly denyed them Num. 50. The 14th day of Marche the Chief Justice rehearsed to all the Lords by the King's Commandement saying that it is well in youre Remembrance in what wyse the Duke of Suffolk demeaned hym here yesterday And upon that axed a Question What Advyse the Lords wold yeve to the Kyng what is nowe to do furthermore in the matter which Advyse was deserred unto Monday then next comyng on the which Monday was noothyng doone in that matier Num. 51. Memorandum That on Tuesday the 17th day of Marche the Kyng sent for all his Lords both Spirituell and Temporell then beyng in Towne then the Lords present are recited into his innest Chamber with a Gabill Windowe over a Cloyster within his Paleys of Westminster and whenn they were all assembled the Kyng sent for the Duke of Suffolk the which Duke whenn he came into the Kynges Presence he kneeled down and so he kneeled continuelly stille unto the tyme the Chauncellour of Englond had seid to hym the Kyngs Commandement in Fourme that followeth Sire ye be well remembred when ye were last in the Kynges Presence and his Lords of youre Answers and Declarations upon certeyn Articles touching Accusations and Impechements of grete and horrible thyngs put upon you by the Commons of the Lond assembled in this present Parlement in ther first Bill presented by theym to the Kyngs Highnesse and how at that time ye putte you not uppon youre Parage What wold ye sey nowe further more in that matier And the seid Duke answer'd
and Confiscated to the King's use In this Colloquy the Barons told him That he was in Debt and Ruin'd by the Strangers about him who had Consum'd all so that he was forc'd to give Tallies for the Victuals of his Table * Knyghton Col. 2445. N o 10. Domine Rex inter manus Alienigenarum res utique tua male agitur diversimode tractatur nam consumptis universis multo jam deprimeris e● alieno datis pro cibariis tuis Tallei● versus es in scandalum in omni populo tuo The Consequence of this Profusion was grievous Taxes the Taxes produc'd Discontents these Discontents encourag'● Simon Montford and others to begin th● Civil War in which this King had bee● lost but for the Courage and Conduct 〈◊〉 his Son In the Reign of Edward the I. we 〈◊〉 not find there was any Resumption b● Annn Dom. 1289. the Legislative Authority did very wisely interpose in Corre●ing the Abuses of Westminster-Hall * Vide Dan. p. 160 Mat. West p. 414. N o 10 and Knyghton Col. 2466. Fin●ing all the Judges for their Corruptio● and Extortions Sir Ralph Hengham w● had been Chief Justice of the high● Bench and Commissioner for the G●vernment of the Kingdom in the King Absence paid Seven thousand Marcs 〈◊〉 Edward Stratton paid Thirty four thousand Marcs Thomas Wayland found the greatest Delinquent Forfeited all his Estate The whole Set paid among 'em 〈◊〉 Hundred thousand Marcs which for those Days was a prodigious Summ. The next Reign of Edward the IId gives the prospect of Civil Wars Treachery Bloodshed and a view of all the Calamities that are the Consequences of ● Riotous and Profuse Court The unbounded Favour of this Prince o his Minion Pierce Gaveston made Earl of Cornwal and the Waste which the said Earl had made in the Crown-Revenue so provok'd the Peers that they never restd till they had obtain'd an Instrument mpowering several Ecclesiastical and ●ay Lords to make certain Ordinances ●or the good of the Kingdom which nstrument and Ordinances made by Virue of it were afterwards ratify'd in Parament Among other things it was then order'd That the Crown-Revenue should ●ot be Alienated Derecheif ordein est Rot. Ord. 5 Edw. II. N o. 3. pur les dettes le Roy acquitter son estate relever le plus honourablement mainteiner qe nul don de Terre ne de Rent ne de Franchise ne d' Eschete ne de Gard ne Marriage ne Baillie se face a nul des ditz Ordenours durant leur poer del dit ordeinment ne a uul autre sauns Conseil assent des ditz Ordenours ou de la greinder partie de eux au six de eux au moins mes totes les choses desquex profits poit surdre soient enpruees al profit le Roy jusques son estat soit avenantment releve c. There is this Remarkable in the Record That they bound up themselves as well as others from receiving any part of the King's Lands as we may suppose not thinking it fair for them who had the Power to keep the Purse shut to others and to open it for themselves They took likewise Care of a Resumption * Ibed N o 7. Et puis derecheife pur se qe l● Corone est tant abeissee demembree p● diverses donns nous Ordinons qe to● les donns qe sont donez au damage d● Roy descresse de la Corone puis 〈◊〉 Commission a nous fait des Chasteam Villes Terres Tenements Bayle● Gardez Marriages Eschetes Rel● queconques queles soint aussibien 〈◊〉 Gascoin Irland Gales Escoce co● me en Engleterre soint repelleez no● les repellons de tout sanz estre redonn● a meismes ceux sanz comun assent 〈◊〉 Parlement Et que si tieu maner des dom ou Reles soint Desormes donez enc●●tre la form avantdit sanz assent de so● Barnage ce en Parlement tant qe 〈◊〉 dettes soint acquittees son estat● avenantment releves soint tenus po● nuls soit le pernour puny en Parlement par Agard del Barnage 'T is true these Ordinances were revok'd in the * Great Statute Roll from H. III. to 21 Ed. III M. 31. Bibli Cott. Claud. Parliament which this King held at York the 15th of his Reign just after he had Defeated and put to Death Thomas Earl of Lancaster with many other of the Barons But his Rigid Proceeding with those who had Fought in Defence of their Countries Freedom and his immoderate Favour and Bounty to the Spencers Earls of Whinchester and Gloster with all his other Mis-government lost him both his Crown and Life in a short time after 'T is to be presum'd That what the Parliament had done in Edward II. Reign to hinder the Favourites from making Depredations upon the Crown-Revenue had effectually stopp'd the Evil because we do not find there was any need of an Act of Resumption in Edward the III's Time There is no part of our History more remarkable than the Life of Richard II. Grandson of Edward III. And no Times afford so many Presidents of Liberty asserted and of the Excesses of Regal Power with the Corruption of bad Ministers as this unfortunate Reign But Misgovernment will of Necessity bring on good Laws in the End The lavish Temper of this Prince his unreasonable Favour to the Duke of Ireland to Michal de la Pool Earl Suffolk his Chancellor and others with his loose and careless Administration produc'd the Parliaments of 10th 11th and 13th Richard II. by which his Power was circumscribd and bounded 'T is true 21 Richard II. he procur'd a Repeal of what had been formerly settled by Parliament for the Welfare of the Kingdom in which Sessions he got Iniquity establish'd by a Law but the Conclusion of all this Misgoverment was that he incurr'd so much the Publick hatred as to be deserted by the whole People and in a solemn manner to be depos'd The Excesses of the Court and Rapine of the Ministers in those days and towards the latter end of Edward III. produc'd Acts of Resumption The Commons pray that all kind of Gifts whatsoever made by King Edward III. may be examin'd if worthily bestow'd to be Confirm'd if otherwise to be Revok'd * Rot. Parl. 1 Ri. II. N o. 48. Item ils Prient pur ceo que la Corone est moult abaisse demembre par divers donns donez en temps de notre Seigneur que Dieux assoille queux donns il estoit malement deceux en plusieurs Personnes malement emploeis come home le poet declarer a grand damage de lui de notre Seigneur le Roi q'ore est si bien des Chasteaux Villes Terres Tenements Baillez Gardes Marriages Eschetes Releves aussi bien en Gascoigne Irlande come en Engleterre qe plese a notre Seigneur le Roy son Conseil faire examiner par les Rolles
and Roial Court of Parlement and by Aucthorite of the same Resp The Kyng by the Advyse and assent of the Lords Spirituelx and Temporelx in this present Parlement assembled and by the Aucthoritie of the same agreeth to this Petition and Resumption and the same accepteth and establisheth Alweys forseyn that all exceptions moderations forprises and provisions by hym graunted ordeined and admitted and putte in Wryting in this same Parlement upon the premisses be and stand good and availlable in Lawe after the Fourme and effecte of the contynue of the same exceptions Moderations and Provisions And that all Lettres Patentes of the Kyng made to oney Persone or Persones named in oney of the same Exceptions moderations forprises and provisions be good and effectuel after the Fourme and continue of the same Lettres Patentes by whatsomever name oney such persone or persones be named in oney such Lettres Patentes the said Act and Petition of Resumption or oney thing conteined therein notwithstanding Provided alway that it extend not to oney Possessions or other thyng made or graunted by the Kyng to oney persone or persones in Caleis or in the Marches thereof or in the Lond of Irlond These that followen been the Exceptions Moderations forprises and provisions by the Kyng graunted ordeined and admitted and in this same Parlement upon the Premisses put in wryting First Saving for Merton-College 2 For Leon Lord Wells inasmuch as he had a Pension justly due to him 3 For the Dower of the Dutchess of Warr. 4 For Lands exchang'd with John Fray 5 For the College of Leicester 6 For the Expences granted by Patent to Richard Duke of York in the Lieutenancy of Ireland 7 For Restitutions of Temporalities c. to Arch-Bishops Bishops c. 8 For the Priory of Henton 9 For John Stourton Treasurer of the Houshold for 5000 l. to be expended in his Office 10 For the Prior of St John's for 15 s. per Annum 11 For the Friars of Kings Melcombe upon a valuable Consideration 12 For Lands taken in Farm of the King and improv'd 13 For Jervais le Unlre's Pension of 24 l. per Annum as the King's French Secretary 14 For Lands given to the Abbot and Church of Westminster out of which they were to distribute Alms. 15 For the Duke of Somerset's Lands bought of the King for valuable Considerations by Henry Cardinal and sold by the Cardinal to the Duke 16 For the Chief Justice 17 For Oriel-College 18 For All-Souls College 19 For the Abbot and Covent of Selby their Release of Dismes 20 For Thomas Derling Serjeant of Arms his Cloathing and accustom'd Wages 21 For John Waterford the same 22 For John Bury's Pension of 12 p. per diem c. 23 For the Priory of Brydlyngton Endow'd by the King in especial Devotion 24 For a small parcel of Land given to the Charter House of Sheen Founded by the King his Father 25 For Lands only restor'd to the College of Knollesmes-House in Pontfract 26 For John Earl of Shrewsbury as to 100 l. Annual Pension for Life and Lands in Waterford till then yeilding nothing being in the Hands of Rebels the said Earl having had no other Recompence for his long Services 27 For the Lord Scales Pension of 100 l. per Annum for his long Services in France and Duchie of Normandy 28 For William Stone 's Pension of 26 l. 13 s. 4. granted him last Parliament at the Request of both Houses for great Services as well to the King as to his Father 29 For Richard Welsden's Pension of 10 l. 6 s. per Annum for Life out of the Fee-farm Rent of New-biggyng which Fee-farm had been usually distributed among the King's Servants from King Edward III's time 30 For the City of Canterbury's Charter in relation to their Officers only 31 For Charters of Denization 32 For Sir John Astley's Pension of 100 Marks for Life 33 For Houses granted to the Dean and Church of St. Steven Westminster 34 For Will. Rouse one of the Clerks of the Crown as to his Patent for his Office and as to 20 l. per Annum out of the Hamper for Execution of his said Office 35 For the Collegiate Church of Leicester as to their Ton of Wine 36 For Will. Crawen and others their Patent who were erected into a Fraternity 37 For the Heirs of the Lord Bardolph on accompt of Lands restor'd to them by good advice 38 For the Vicounts Beamont and Bougchier both as to the Patents for their Honours and Creation-Money 39 For the Dean and Chapter of Lichfield concerning their Patent for certain Liberties and Priveleges 40 The same for the Town of Estratford 41 The same for the City of York 42 For the Abbot of Byland about a small Fee-farm Rent 43 For John Vicount Beamount Ralph Lord Cromwel and others in relation to Lands granted to them the Value not express'd in the Proviso 44 The same for John Fanceby value not express'd 45 The same for John Hampton but 40 l. per Annum resum'd from him 46 For Ralph Bapthorp Esquire of the Body for Lands given or sold to him 47 The same for John Norreis only there is resum'd from him 50 Marks per Annum Pension and 6 l. 13 s. out of Merston Messey 48 For Phil. Wentworth Esquire of the Body 49 The same for Thomas Danyel but the Manuor of Gedyngton of 26 l. 6 s. Yearly Value is resum'd from him 50 The same for Will. Tresham only 20 per Anuum is resum'd from him 51 The same for Thomas Myner and others the King 's menial Servants only 20 out of 40 l. per Annum is resum'd from Jenk yne Stanley 52 For the Earl of Arundel for Lands granted to him the value not express'd 53 The same for Richard Earl of Warwick 54 For Richard Earl of Salisbury but a Fee-farm taken from him of 24 l. per Ann. and some certain Privileges very extraordinary are taken from him and others in Richmondshire reserv'd to him 55 A Saving for the Lord Dudley as to some Patentes but other things are resum'd 56 For certain Priv●leges granted to Sir John Boteller 57 For Sir Thomas Haryngton on accompt of Lands granted to him for good Services specified in the Provisoe 58 For Sir Richard Wyddewil Lord Rivers and others on accompt of Lands granted or confirm'd to them 59 For Sir John Talbot and others on accompt of 20 l. per Annum Pension to be paid to them or the survivor of them 60 For the Lord Clifford for Lands granted to him 61 The s●me for Henry Everingham so as his Grant exceed not the value of 12 Marks per Annum 62 For Rich. Hakedy the King's Apothecary as to 40 Marks Yearly granted for his Life 63 For Robert Fenys and Thomas Bermingham for Grants made to them but form Robert there is resum'd 20 l. Feefarm Rent 64 For Rob. Manfeld and his Son for Lands Granted or Confirm'd 65 The same for Will. Say and Thomas Shargyl the Kings