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
the Lords to put them in mind of the said Bill and that Sir Robert Rich carry the said Message The Bill fell in the House of Lords by Reason of the shortness of the Session for on the 5th of January the Parliament was adjourn'd to the 31st of March and so by short Adjournments till the following Year But before the Recess his Majesty was graciously pleas'd in his speech to both Houses on the 5th of January to say as follows And I do likewise think it proper to assure you that I shall not make any Grant of the forfeited Lands in England or Ireland till there be another Opportunity of settling that matter in Parliament in such manner as shall be thought most expedient The following Sessions began 22 die Oct. 1691. Sabbati 16. die Jan. 1691. Order'd that leave be given to bring in a Bill to vest the Forfeited Estates in Ireland in their Majesties to be applied to the Uses of the War Order'd that leave be given to bring in a Bill for vesting the Forfeited Estates in England in their Majesties to be applied to the Uses of the War and 't is referred to Mr. Smith c. Sabbati 23 die Jan. 1691. Mr. Smith presented the two Bills Martis 26 die Jan. 1691. Each of the Bills were read a first time and order'd a second Reading Jovis 28. die Jan. 1691. Each of the said Bills were read a Second time and committed to a Committee of the whole House Lunae 1. die Feb. 1691. The House resolv'd it self into a Committee of the whole House c. Mr. Palmes Reported from the Committee that they had gone through the Bill for vesting the Forfeited Estates in England and had made some Progress in the Bill relating to Ireland Jovis 4. die Feb. 1691. Mr. Palmes Reported the Amendments made by the Committee to the Bill for vesting the Forfeited Estates in England c. which were read and agreed to by the House Several Clauses or Savings were offer'd and agreed to Among the Rest that nothing in the Bill contain'd should extend to Grants made to the Earls of Monmouth and Torrington Order'd That the Bill with the Amendments be engrossed Mr. Palmes also Reported the Amendments to the Bill for vesting the Forfeited Estates in Ireland Veneris 5. die Feb. 1691. The House proceeded to take into Consideration the Report of the Amendments to the said Bill and several of them were read a second time and agreed to c. Martis 9. die Feb. 1691. The House proceeded in the further Consideration of the Report c. A Clause was offered for their Majesties to grant to any Person or Persons as a Reward for their Service any of the Lands and Hereditaments vested in their Majesties by vertue of this Act so as such Lands and Hereditaments do not exceed ..... in Value of the whole Lands Tenements and Hereditaments so vested in their Majesties to any such Person or Persons as a Reward for his or their Service A Clause offer'd that it should be lawful for their Majesties to Grant to James Duke of Ormond and his Heirs any of the Forfeitures made by this Act or any other Means within or on any the Estate or Estates of the said Duke Twice Read and Agreed to Other Clauses Read and Agreed to Order'd That the Bill with the Amendments be engross'd Veneris 12. die Feb. 1691. An Engross'd Bill for vesting the Forfeited Estates in England in their Majesties to the use of the War was read the third time Riders offer'd and agreed to Resolv'd That the Bill do pass Order'd That Mr. Palmes do carry the Bill to the Lords and desire their Concurrence An Engross'd Billfor vesting the forfeited Estates in Ireland in their Majesties to be applied to the Use of the War was read the Third time Several Riders presented and agreed to Resolv'd That the Bill do pass Ordered That Mr. Palmes do carry the Bill to the Lords for their Concurrence Note In the Bill relating to the Irish Forfeitures there was reserv'd to their Majesties one third part of the Forfeitures To be disposed and given to such Military Officers and Soldiers as their Majesties should think fit who actually serv'd in the Wars in Ireland in Person there and to no other Person or Persons whatsoever During this Sessions Proposals were offer'd for raising Money upon the forfeited Estates Jan. 1st 1691. Resolv'd That a Committee be appointed to receive Proposals for raising Money upon the forfeited Estates in Ireland and it is referred to Mr. Smith c. Martis 26. die Jan. 1691. Order'd That the Committee to whom it was referr'd to receive Proposals for raising of Money upon the forfeited Estates in Ireland be impower'd to inquire into the disposal of forfeited Estates there Sabb. 13. die Feb. 1691. Order'd That the Report of the Committee appointed to receive Proposals c. be made upon Monday Morning next Mercurii 17. die Feb. 1691. The said Report was made 'T is very long but well worth the Perusal of all Members and is to be found in the Journal of 1691. Fol. 866. What pass'd in 1690 and 1691 is a sufficient Indication that the People of England had no mind this Matter should sleep The next Year viz. 1692 3. We may say a Claim to these Estates was continued and kept afoot by an humble Address from the House of Commons to the Throne Sabbati 4. die Martii 1692 3. where among other things it is thus pray'd And for asmuch as the Reducing of Ireland hath been of great Expence to this Kingdom We humbly beseech your Majesty That according to the Assurance Your Majesty hath been pleas'd to give No grant may be made of the forfeited Estates in Ireland till there be an opportunity of settling that Matter in Parliament in such manner as shall be thought most expedient That a true Accompt of the Escheats and Forfeited Estates both Real and Personal and Stores left by the late K. James may be laid before your Commons in Parliament assembled to the end that the said Escheats Forfeitures and Stores and the Embezzlement thereof may be inquired into Veneris 10. die Martii 1692 3. To this Address His Majesty was graciously pleased to give the following Answer Gentlemen I shall always have great Consideration of what comes from the House of Commons and I shall take great Care that what is amiss shall be remedied The Year following the Matter was again reviv'd and other Bills brought in of the same Purport with the former Veneris 12. die Jan. 1693. Order'd That a Bill be brought in to vest the forfeited Estates in Ireland in their Majesties to be applied to the use of the War The like Order for the forfeited Estates in England Mercur. 24. die Jan. 1693. The Honourable Henry Boyle Esq according to Order presented to the House a Bill to vest the forfeited Estates in Ireland in their Majesties to be applied to the Use of the War And also A Bill to vest
sur peine de forfaire le double devers nostre Seigneur le Roy repelle de mesme la chose issint demandez etre reint Imprisonnes a la volonte du Roy. Purvus toutes voys qe si ascun home eit terres tenements ou Possessions du Grant notre Seigneur le Roy ou dascuns de ses Progeniturs queux furent parcelles de la Corone qe per bon trette enter le Conseil du Roy les possesseurs des tieux Terres Tenements mesmes les Terres Tenements Possessions poient estre rejoints a la dite Corone a Profit du Roy grantants autres Terres Tenements ou Possessions de les Forfaitures avant ditz en eschange pur les Terres Tenements Possessions de la Corone susdite sy les Seigneurs ou autres qi ont Terres ou Tenements de la Corone come dessus ne voellent volontairement a ce assentir ne accorder qils eint enjoient lours terres tenements de la Corone avant ditz come ils ont eu a devant qe les Grants Officiers du Royalme par avis des Seigneurs du Conseil eient Poer de vendre parcelles deles dites Forfetures per leur bone discretion qe le Grant sur tiel vendue soit ferme estable Resp Le Roy le voet forpris d' Offices Baillis ce qil a donne en cest present Parlement issint qendroit de forfeitures adjuges en cest Parlement si ascun pretend davoir droit ou Interest en Icelles sue au Conseil sil luy semble affaire droit luy sera fait The Misgovernment of this Prince not only in his Revenues but in all the Duties of his high Office with his Profusion and Partiality to his Favourites made way for a very great Revolution and drew on so much hatred of the People as at last all his Subjects withdrew their Allegiance from him and chose another King Henry the IV. his Cousin German Anno 1. Hen. IV. The Commons Pray That the Lands parcel of the Crown-Revenue granted away by Edward III. and Richard II. may be resum'd * Rot. Par. 1 Hen. IV. Nâ— 100. Item touchant Terres Tenements Rents ou autres Possessions queconques qe furent parcelle de la Corone ou des Seignouries de la Corone en temps Seigneur Edward le tierce Roy Dengleterre ou en temps Richard darrein Roy Dengleterre nient donez per assent du Parlement ne en eschange pour autres Terres ore demurantz a la Corone qe toutz y ceux soint rejoints arere a la Corone purveu toutefoitz que si ascun Seigneur de lestate Chivaler ou Esquire pur son travaille duement deservy eit pur terme de sa vie nient autrement qil ne soit rebote dicelx devant qil soit autrement guerdonez semblablements seit feat dela Principalte de Galles de Cornwailee de Cestre reservez tout foits as Citeins Burgeys parmy tout le Royalme lour Libertees Franchises a lour Heirs Successors Resp Le Roy sadviesera par bone advys Discretion ent fera due remedie Anno 5. Hen. IV. The Commons Pray That the King would provide for the Repairing of his Castles and Houses and namely for his Castle at Windsor which was greatly in decay and not to Grant away the Profits of those Castles and Houses and notwithstanding to stand to the Repair of the same without which he could not but run to the great Charging of the Commons * Rot. Par. 5 Hen. 4. N â— 10. Et auxint les dicts Communes monstrerent coment les Chastellx autres Manoirs du Roy sont molt ruineuses embusoignant de grand Repris Reperation coment les Prosits dicelles sont donez as diverses Persones le Roy supporte les Charges come per especial le Chastel de Windesore a qel feust assignee certain Commoditie pur la Reparation dicelle ore mesme la Commoditie est donne as certaines Persones le Roy supporte les Charges auxint es autres places les Gentz preignent les Profits de Herbage del vert deins diverses ses Parkes Bois le Roy supporte les Charges de le enclosure dicell pur cestes importunes charges plusieurs autres pur les plusieurs douns des Chastellx Terres Seignouries des Annuites faits donez nient duement ne descreteinment par especial pur les Grandes Charges Depenses de le Hostel du Roy pur amendement des tielx meschiefs faire pur ouster tielx inconveniences en apres en supportation del Commune People les Communes prierent au Roy moelt entierment cordialement qe considerez les Perils imminentes de toutz parts per ses Ennemys Rebelx comes yont novelx de jour en autre coment le cas est tiel qe si tielx meschiefs ne soient Graceousement remediez refourmez en cest Parlement y purroit estre qe sur soudeins novelx de arrival des enemys ou per autre voix mesme cest Parlement de necessite seroit de tout depurtiz dissolvez jamais les Seignours ni les Communes se re-assembleroient pur remedee ne redresse faire sur les meschiefs susdits autres qe Dieux deffende It appears by the Purport of this Petition That there were certain Lands and Rents set aside or assign'd for the Repair of Windsor-Castle that ancient Seat of our Kings and Sacred to the Honours and Ceremonies of the Garter and therefore particularly provided for with a Revenue by the Wisdom of our Fore-fathers yet it seems these Lands so annex'd to Windsor were at that time Granted away to some great Man oâ— craving Courtier But this the House oâ— Commons did not then think reasonable And the Remonstrance thereupon made was kindly taken by the King For he answer'd the Petition in Person * Resp from the Throne Et sur ceo mesme nostre Seignour le Roy moelt graciousement de son bouche propre en plein Parlement chargea commenda si bien tous les ditz Seignours come les diâ—z Communes qils faiorient lour diligence luy montreroient lours bons seins conseilx celle partie pur aide de luy de tout son Roilame Et puis apres les dits Communes en mesme le Parlement firent reqeste as ditz Seignours qe come le Roy lour avoit donne tiel Charge mandement ceo en si haute Court de Record qils fairoient lour diligence bien loyalment sans curtosie faire entre eux en ascune manere come ils voloient respondere devant lue Dieux tout puissant devant nostre dit Seignour le Roy a tout le Roialme en temps avenir qe de sur ceo mesme les Communes ent fairoient semblablement
de lour partie disoient outre mesme les Communes a nostre dit Seignour le Roy qe cestes matiers ensi faits accomplez en cest Parlement il lour troveroit foialx naturelx liges devers luy de parfaire son plaisir voloir a lour poiar par le aide de Dieux 'T is probable this seasonable Care of the House of Commons rescued for that time the Lands belonging to Windsor Castle for from that time these Lands continu'd in the Demeans of the Crown till very lately And some Years after Viz. Anno 31. Hen. VIII there pass'd an Act of Parliament expresly to Annex several Mannors by name to the Castle and Honour of Windsor not to be alienated from it so carefull were our Ancestors that this Noble and antientt Seat of our Kings should have some Revenue to keep the House and Parks in good repair In the same Year of Hen. IV. the Commons rehearsing how King Edward III. in the Parliament Holden in the 11th of his Reign Created his Eldest Son Duke of Cornwal and the same Dukedom annex'd to the Crown with divers Hereditaments by his Letters Patents by Authority of the same never to be Dismembred or Sold away They therefore Pray the King to resume and seize and so to unite again to the said Dutchy such Lands as were Sold away by Prince Edward King Richard or by the King himself * Rot. Par. 5 Hen. IV. N â— 22. versus Finem Non obstants Encorporation oâ— Union de qel Duchee per une haute Aâ—thorite ensi perfaite puis encea est dâ—membrez siâ—bien per diverses Alienatâ—ons faitz per le avant dit Edw. nadgaires Prince come per le darreine Roy Richard qe fuist per vous Qe pleise a vous de vostre haute discretion ove le Avis de tous Seignours eâ—prituelx temporelx en cest presenâ— Parlement Assemblez considerantz lâ— Union dudit Duchee en la manere avantdite fait de requiler tout ceo â—â—dedit Duchee est demembrez per Aâ—thorite de Parlement de reseiser rejoindre a dit Duchee come il fust a devanâ— non obstant ascune Alienation Qele Petition lue entendue fuisâ— respondus en les parolles quensuent Resp Accordez est per le Roy les Seignours en Parlement qe le dit Mounseignour le Prince per lavys de son Counâ—eil eit briefs de Scir fac Ou autre recoverer le mieltz qil avoir purra par les Estatutes leys du Roialme solonc ceo qe le cas requiert c. Wherein shall be allow'd no Protection or Praying in Aid of the King unless it be for Sir John Cornwale and Eliz. his Wife late Wife of John Holland Earl of Huntington and for such Persons to whom the King is bound by Warrantie Sinon en cas qe le Roy soit expressement tenuza la Grantie c. Rot. Par. 6 Hen. IV. N â— 14. Anno 6. Hen. IV. The Commons Pray That the King would resume the Crown-Lands Pleise a tres Excellent tres redoute Seignour Nostre Seignour le Roy pur profit du Roy encresce de sa Corone supportation des pauvres Communes de vostre Royalme Dengleterre granter les Petitions qensuent Pur ceo qe la Corone del Roialme Dengleterre est grantement emblemissez anientissez per grandez outrageouses dons faits as diverses Persones si bien esprituelx comme temporelx des Terres Tenements Fee Fermes Franchises Libertees autre Possessions dycelles Soit ordeigne en cest present Parlement pur profit du Roy du Roialme supportation des Communes qe tous Chateaux Manoirs Seignouries Terres Tenements Fees Advoesons Fee Fermes Annuitees Franchises Libertees Custumes queux fuerent membre parcelle Dancienne Inheritance de la dite Corone le an du Regne le Roy Edward Aiel nostre Seignour le Roy qorest quarantisme puis en cea soint ils donez a terme de vie ou a terme de ans en Fee simple ou en Fee taile ou sur Condition ou as Seignours Esprituelx a eux a lour Successours forsprises Gardes Marriages Eschetes horspris ceo qest assigne a Reigne en Dower soint entierement resumes repris seises es maines notre Seignour le Roy rejointz al Corone avant dite a y celle perpetuelment demeurer sans ent per aucune voie ou ymagination estre severez dicelle en temps avenir forsqe ceux qont tieux dons ou Grants qe furent parcelle del dite Corone le dit an quarantisme ou depuis per Chartre especiale faite par Authority de Parlement Et qe nulles Persones du Roialme de qel estat ou Condition qils soient ne eient tenient ne enjoient parcelle del Corone avant dite de ancienne enheritance dicelle alienez grantez ou donez puis le dit an quarantisme sans Authoritee de Parlement sur peine de incurrer la Forfeiture dicelles Terres Tenements ensy parcelle del dit Corone Emprisonement per trois ans Et qe nul Officier de nostre Seignour le Roy face ne mette en execution aucune tiele donne ou Grant en Temps avenir sur peine de perdre son Office de forfaire qanqe il purra forfaire envers notre Seignour le Roy le Emprisonement de trois Ans Et qe toutes Maneres de Persones ou Officers Ministres du Roys qeux ont auscun don ou Grant des ascuns tieux Chastelx Seignouries Manoires Terres Tenements Fees Advoesons Fee Fermes Annuites Franchises Libertees Custumes suisditz qeux issint sont parcelle dancienne Inheritance de la dite Corone apres ceo qe les Paiements Affaires pur le Houstiel du Roy ses Chambres Garderobes soient pleinement paiez ou assignes la Reigne paiez de sa Dower duement endowez soient recompensez a la volontee du Roy de la surplusage residue des Ferms annuitez suisditz Purveux toutezfoitz qe toutes les Seignours esprituelx temporelx qi ont aucunes Libertees Franchises de don nostre Seignour le Roy qorest oâ— de ses Progenitours puis le dit an qarantisme paient Fee Ferm a la verray value pour ycelles ou ent rendent due accompte al Oeps notre Seignour le Roy chescun an a son Eschequer aussi tous les Citees Burghs deins le Royalme Dengleterre qont Franchises Libertees du Grant nostre Seignour le Roy ou de ses Progenitours Roys Dengleterre confirmez per nostre Seignour le Roy qorest pur Fee fermes annuellement a paie a nostre Seignour le Roy ou qont fait fyn pur y ceux Franchises avoir a nostre Seignour le Roy qorest ou a ses Progenitours ne soint oustez ne disheritez de lour Franchises
le Roy ne soient restreints per vertue de ceste Ordeinance mais qils soient paiez come ils ont este accustumez de estre paiez devant ces heurs Ibid. N. 22. Item Qe chascun home feme de qel estat ou condition qils soient qont ascuns Chastelx Manoires Terres ou Tenements Rents ou autre Possessions qelâ—onques du Grante du Roy Richard ou de Roy qorest qe ils soefrerent chascun de eux soefrera mefme nostre Seignour le Roy de avoir enjoier les Profits de mesme les Chastelx Manoirs Terres Tenements Rentes Possessions qeux ils ont ensi a terme de vie ou des Ans de le dit Feste de Pasche darrein passe tanqa lendemayn avantdit Et qe le Roy ent seit respondus a son Escheqer Forpris Fees Advoesons Gardes Marriages autres Casueletees as Chastelx Manoirs Terres Tenements Rentes Possessions avant dits appurtenants Et forpris les Chartelx Manoirs Terres Tenements Rents Possessions Fee Farmes Annuities les Profits Commoditees Assignees au Reigne en Dower ou donez ou grantez a les Fitz du Roy a chascun de eux Et forpris ceux qont ascuns Annutees per Grant ou Confirmation a eux ou a lour Ancestres fait en Parlement Et forprises auxi les Chastelx assises sur les Marches Descoce ou de Gales ou sur les Coustes de Mer. But there seems to be given a Power to the King by his advice of Council to Resume his Lands from such as have more than they deserve Ibid. N. 23. â— Item Qe Proclamation soit fait en Chascun Contee Dengleterre qe 〈◊〉 ceux qont ascuns Annuitiees 〈◊〉 Manoirs Terres Tenements Fee Fermes Fees ou Gages ou autre Grant qeconqe dascune value annuelle a terme de vie ou des Ans du Grante du Roy Edw. Aiel nostre Seignour le Roy puis le an qarantisme du dit Roy Edw. oâ— de Roy Richard ou de Roy qorest envoient ou portent devant le Roy son Counseil perentre cy le Feste de Chandeleure prochain a venir a pluistard les Copies de lour Lettres Patentes a eux faits per les Roys suisdits sur peine de forfaire mesme les Lettres Patentes au fyn qe nostre dit Seignour le Roy per advys de son Conseil purra ordeigner qe ceux qont fait bon service eient enjoient lour dites Lettres Patentes les autres qe nount deservies soient tout outrement oustez de lours dites Lettres Patents Et auxint de ceux qont pluis qe ne ont deserviez qe le dit Roy per advys de son dit Counseil purra faire Moderation come mieltz luy semblera Anno 7 8 Hen. 4. The Commons Pray the King That no Lands to be Conquer'd from the Welch should be granted away in a Quarter of a Year from the time such Lands should be taken in The King among other things Answers That he will not grant away such Lands till he is inform'd of their Value * Rot. Par. 7. 8. H. IV. N o 15. Item Le dit Mr. John Pria pur les dits Communes qe les Chatelx Seignouries Terres Tenements en la Terre de Gales qe desore per la Grace de Dieu seront conqis ou gaignez sur les dits Rebealx ne soient donnes a uully per le espace dun qarter dun Apres ceo qils seront ensi conqis ou gaines A qoy le Roy respendi qil se veilloit abstenir deascun tiel don faire a uully tanqe al temps qe il feroit enformez de la value dycelles Et si ascun â—ieâ— don deslors se feroit qil le vorroit faire as tielx Persones qe voillent demeurer suâ— la conqest de la Terre de Gales suisdits In the same Parliament the Commonâ— Pray That certain Foreigners by Name may be Banish'd the Kingdom which the King agrees to and in his Writ to the Sheriffs of London directs That such Foreigners should produce such Grants of Land as they had obtain'd from Him the Queen or from others * Ibid 29. Iteâ— Samedy le 8 jour de May a les souveâ—â— priers reqestes des Communes accordâ— feust per nostre Seignour le Roy les Seignours Esprituelx Temporelx 〈◊〉 touts les Aliens des qeux les noms 〈◊〉 comprises en une Cedule laqelle 〈◊〉 livree al Seneschal del Houstiel du Roy voidant la Roialme devant un certain jour compris en le Brief de Proclamation ent fait come per la tenure dycellâ— brief enroulle en la Chancellerie y purra apparoir And the King in his Writ to the Sheriffs Directs among other things ' Quodque omnes singuli Alienigenae praedicti qui aliqua Terras Tenementa Annuitates sive Concessiones quaecunque in Feodo simplici vel Talliato sive ad terminum vitae vel annorum ex Concessione nostra sive ex Concessione charissimae Consortis nostrae Reginae Angliae sive aliorum Ligeorum nostrorum per litteras sive scripta eis inde fact obtinent quovismodo hujusmodi Litteras sive scripta nobis in Cancellaria nostra liberent indilate ad finem quod visis Litteris scriptis praedictis inde fieri jubere valeamus quod de jure secundum legem consuetudinem Regni nostri Angliae fore viderimus faciendum Anno 11. Hen. IV. The Commons Pray That for ever hereafter no Grant may be made of any Hereditament or other Profits of the Crown except Offices and Bailiwicks till the King shall be quite out of Debt and unless there be remaining in his Coffers sufficient for the Provision of his â—amily To which the King agrees directly without Reservation till his Debts be paid or unless there be sufficient Provision for his Family and with Reservation for the Queen His Sons and for the Duke of York and the Lord Grey * Rot. Parl. 11 Hen. IV. N o. 23. Item Qe nulles Chastelx Honours Seignouries Manoirs Villes Terres Tenements Franchises Reversions Libertees Forrestes Fees Advoesons Eschetes Forfaitures Gardes Marriages ou autres Revenues qeconqes ove lours appurtenances forpris Offices Baillies en temps ensuivants es Mains nostre dit Seignour le Roy ou a ses Heirs Rois Dengleterre a eschiers ou a venirs ne soient en nulle manere donez ne Grantez a ascune Persones si ne soit al profit Oeps nostre dit Seignour le Roy pur la Sustenance de son Houstiel Chambre Gardâ—robe tanqe tous ses dettes a ses Lieges a present dues soient pleinement paiez deslors enavant continuellâ—ment resonable Substance remaignant eâ— mains nostre dit Seignour le Roy ses Heirs Roys Dengleterre pur la sustenance
Servants 66 The same for Gilbert Par but 9 l. per Annum Feefarm Rent resum'd 67 The same to John Trevilian as to some small Grants express'd 68 The same for Henry Langton the King's Servant 69 The same for John Say as to a Grant for his and his Wifes lives but L. 9-2-6 Fee-farm Rent resum'd 70 The same for John Blackney the King's Servant 71 The same to Rob. Fowles Hyrst the King's Servant so as it exceed not 10 Marks per Ann. 72 The same as to a Grant for life of 20 l. per. Ann. 73 The same for John Down the King's Servant as to two small Grants 74 The same to Griffith ap Nicholas as to a Grant of 15 l. per Ann. 75 The same for Henry Manners one of the King's Servants 76 The same for John Chyval and others the King's Servants but three Pipes of Wine and 10 l. per Annum Feefarm Rent are here resum'd 77 The same for Will. Elton and others the King's Servants as to some Leases or Confirmations 78 The same for John Sutton Kings Servant 79 the same for Robert Wyllyn King's Servant 80 The same for John Woodhouse King's Servant 81 The same for Henry Rosyngton and others the King's Servants 82 The same for John Slyfirst and several others the King's Servants as to their Salaries which were reduc'd to 10 l. per Annum 83 The same to Thomas Carr the King's Servant 84 The same to Andrew Lowe King's Servant 85 The same for Thomas Schapp King's Servant as to 6 d. per diem Sallary 86 The same for William Langton and others of the King's Mynstrel as to their Salaries of 6 l. 13 s. 4 d. per Annum 87 The same for Will. Clarence King's Servant 88 The same for Bryan Wager King's Servant 89 The same for Sir Richard Roos and others but in this Proviso several Resumptions are made 90 The same for Thomas Mongomery Esquire so as what he enjoys of the King's Gift exceed not 23 l. per Annum 91 The same for Thomas Calbras King's Servant as to his Salary of 12 p. per diem 92 The same for James Hornby and Tho. Osborn Kings Servants as to their Offices Wages and Cloathing 93 The same as to Tho. Bradfeld but here 8 Marks per Ann. Fee Farm Rent is resumed 94 The same for Rowland Lenthal as to Lands bought of or exchanged with the Crown 95 The same for Rich. Wednyng as to the Reversion of an Office 96 The same for Christop Whittacre as to an Office and Sallarie of 4 Pence per diem 97 The same for William John as to a Grant made upon a Surrender 98 The same to John Brely as to his Office 99 The same for Thomas Lord Egremont as to 45 l. per ann to him and his Heires for Sustentation of the Honor. 100 The same for Wotkyn Bedell King's Servant as to a Feefarm Rent out of Mills in Herefordshire 101 The same for Sr. Rich. Molyneux and his Son as to their Offices and Sallaries and as to some Leases they had from the Crown 102 A Saving to the Town of Kingston upon Hull as to some Franchises granted to them 103 For Ralph Leigh and others King's Servants so as the Grant made to them all exceed not 20 l. per ann 104 For Sr. John Langton and his Son as to some Leases 105 A Saving to the Prior and Convent of York as to some Pardons and Releases made to them 106 A Saving for Sr. Edmond Hungerford 107 Another Saving for Sr. Edmond Hungerford and Phil. Courtney as to some Mannors they held by Lease and for which they paid Rent 108 For John Hunt and others Clerks of the Chappel as to some Grants so as no Grant made to any of them exceed 20 Marks per ann 109 For John Watts and others King's Servants as to some small Pensions for Life 110 A Saving to John Merston and others the Kings Servants but with Exceptions 111 For John Wesenham King's Servant 112 A Saving to John Holt for some Lands as it seems rather restor'd than granted 113 For Thomas Frank. 114 For John Arnold and others as to some Tenements they held in Trust for Religious Uses 115 For John Rypon King's Servant 116 For John Browne and Thomas Catesby as to some Eschetes and Grants of small value which is expressed in the Proviso 117 A Saving for John Baker and Rich. Wardale King's Servants 118 A Saving to the Lord Hungerford for the Mannor of Hungerford out of which there was a reserv'd Rent and in the same Proviso there is a Saving for Sr. Rich. Hungerford Ld. Molins as to a small Grant 119 A Saving to the Earl of Northumberland 120 A Saving to Tho. Kent as to 100 Marks per ann in Consideration that the said Kent had been at great Expences in repairing the Port of Southampton and that by this Resumption he was to loose several Grants express'd in the Proviso 121 A Saving for John Green Esq who had certain Priviledges and Free Chace granted him by Letters Patents in his own Woods 122 For the Monks of Sempyngham as to a Pardon or Release of Disms 123 For Will. Bulkley King's Servant as to his Salary of 12 Pence per diem who had no other reward for his long Services 124 A Saving for John Kingly and Rob. Whitgrene as to some small Grants 125 For William Boerly 126 For Jenkin Stanley and his Son as to some Grants and for the Vitlership of a Castle 127 A Saving for the Lord Vessey 128 For John Welbeck Kings Servant as to his Salary of 12 Pence per diem 129 A Saving to the Towne of Notyngham for certain Franchises provided they increase their present Feefarm Rent 13 s. 4 d. above what they already paid 130 For John Turges the Queens Harper as to 10 Mark per ann for Life which he was to have after the death of another 131 For Will. Beaufitz but here is a Resumption of 15 l. per ann Feefarm Rent 132 For John Peycock as to 6 Pence per diem 133 A Saving for Sr. Tho. Fulthorp Justice of the Common Bench value not express'd 134 For Gilbert Haltoft Secondary Baron of the Exchequer as to 20 Mark per ann for his Life 135 For the Lord Chief Baron as to 40 l. per ann Robe Vesture and Furrure 136 For John Fowardly as to 20 l. per ann for life and John Poutrel as to 20 Mark per ann for life 137 For John Sleg and his Wife as to 4 l. 6 s. per ann for life 138 For John Prude Kings Glazier as to 12 Pence per diem for life 139 A Saving for Colchester and Ipswich as to Franchises and Liberties 140 For the Town of Rye as to a Grant made to them 141 For the Town of Shrewsbury as to Franchises and Liberties 142 For the Town of Bridgenorth the same 143 A Saving to John late Duke of Somerset as to a Feefarm Rent of 15 l. per ann 144 For Nich. Semtlo as to
the said Bill and such of them as are either general or particular are much of the like Nature with the Savings in other Acts. Resp As touching this Bill of Resumption the King's Highness hath well conceived and understood the same hath therefore by thadvise and assent of the Lords Spirituels and Temporels and Commons in this present Parliament and by thauctoritie of the same it accepted and agreed So alway that such Provisions and Exceptions as by his Highness be and shall be made and agreed and during the Time of this present Parliament put in Writing to or upon the Premisses be good and effectual The said Bill or Act or any other the Premisses notwithstanding For the Equitie and rightwise Reward that the King entendeth to doe to every of his Subgietts for his Merits which shall be to the Pleasure of God and Honour of his Highness and the Weale of all his Lond and People Then follow many particular Exceptions more in Number than in any other of the Acts but under this frugal King we may suppose they are not such as would make the Act ineffectual Besides in this Reign there pass'd several particular Acts of Resumption for which we shall refer the Reader to the Records Rot. Parl. 3 Hen. 7. N. 35. Anno 33. Hen. 7. An Act of Resumption of the Offices or Places of Receivers Auditors Customers Collectors of Customs Subsidies Comptrollers Searchers Surveyors and Places of other Officers Accomptants to the King Rot. Parl. 11 Hen. 7. N. 2. Anno 11. Hen. 7. An Act of Resumption of divers Castles Mannors Lands and Tenements which were formerly given by K. Edward the Third and K. Richard the Second to Edmond de Langley Duke of York Rot. ibid. N. 4. In the same Year an Act for making void all Grants made of the Mannor of Woodstock Ibid. N. 6. In the same Year an Act for making void divers Leases and Offices within the Principality of Wales Dutchy of Cornwall and Earldom of Chester Anno 6. Hen. 8. There pass'd another Act of Resumption which related only to resuming needless Offices and Pensions Rot. Parl. 6 Hen. 8. N. 8. Prayen and in most humble wise beseeshing Your Heyghness Your humble Subjects the Commons in this present Parlement by your high Commandement assembled That where the most Christen Princes King Henry the Sixth King Edward the Fourth and the most famous and renowned Prince of most worthy Memorie King Henry the Seventh your Fader whom God pardon and other your noble Progenitours have kept as honourable Astates as well in their own Persons as in their Housholds and other their Charges as well in defence of this Your Realm as in defence of the Towns of Caleys Guisnes Hammes Berwick and the Marches of the same and other Charges of this Your Realm of the onely Revenues thereof as hath any King or Christen Prince in any oder Christen Region not onely to the great Honour of the same but also to the great ease rest and quietness of the People of the same which caused all other Lands and Realms to have this your Realm in great Renowne Drede and Fear and your said Progenitours to be dradde of all outward Nations And so it is most drade Sovereign Lord that the Revenues of your Lands and other Things late being in your Hands and Possessions be so great mynyshed by reason of the Many fold Yifts Graunts and Releases passed from your Highness since the begynyng of of your most noble Reigne hitherto that the residue therof now remaining in your Hands and Possession in no wyse suffiseth nor can suffise to bear and susteyn your great Charges dayly increasen as well by reason of your Wars now being in hand against your antient Enemies the Scots as of your great Charges in keeping and defence of your City of Tournay late by youre Grace victoriously Conquered and which of very necessity must be maintained and born as accordeth to your Princely Astate and Honour of your Highuesse and suerte of your humble Subjects and of youre Realme In Consideration whereof yt may please your Highness by thadvise of the Lords Spiritual and Temporall in this present Parliament assembled and by Aucthority of the same for the conservation and maintaining of youre most Royal Astate and oder Charges above rehearsed to the Pleasure of God and for youre own Honour and Suerte and also for the universal Wead Ease Rest and Suerte of this youre Realme and Land and for the mynyshyng and lessening of the Charges and Burden of youre said poor Commons and Subjects of the same which your Grace oweth to preferr and specially regarde before the Favour of any particular Persons or earthly Things to take seise resume and have into your Hands from the Feast of Easter next coming all and singular those and such Annuitees Graunted to any Persone or Persones by your Highness by your Letters Patents not for exerciseing of any Office which be not ne at any time of the said Letters Patents made were Rent-Service or Rent-Charge of any Estate of Enheritaunce in your Highnesse and that all the sayd Letters Patents of all the same Annuitees and every of them from the sayd Feast of Ester onely touching the said Graunt of the same Annuitees be utterly void and of no effecte And also that all Letters Patents Grants and Bills signed by your Highnesse made to any Persone or Persones of any Office or Offices or Rowme to be had after the Deth of any Patenteth the same Patentee being yet alive and in Possession by Vertue of his Patent or of the next Avoydance of any Avowsons of Churches Benefices Chauntreys Hospitals Prebends or of any Spiritual Benefices not executed be from henceforth utterly void and of none effecte Then follow some other Regulations relating to Offices Places and Pensions After which there is a Saving for the Peers as to their Creation-Money And then for George Earl of Shrewsbury of and for the Stewardship of Tutbury Parcel of the Dutchy of Lancaster c. sign'd with the King 's own Hand Then follow Savings for several great Officers and for the Queen And then comes a Provision for Offices in the King's Lands Castles and Mannors c. then follow some particular Savings and those not many Resp Le Roy le Veult So that this Prince as Arbitrary as he was gave way to this Resumption made in Parliament The Writer of these Papers tho' it has prov'd a Matter of great Labour has thought it best to set down the very Words of all these Acts of Resumption omitting the Savings which in each Bill are very numerous but to give the Reader Light into the Nature of these Exceptions he did extract all the Savings that were brought into the first compleat Act that pass'd upon this Subject which was 28 Hen. 6. And by those the Reader may judge of the Rest for they which follow'd were much of the like Nature 'T is true his Work will thereby
a Tenth out of their Goods only thrice a Tenth Five Fifteens besides a Tenth and Fifteenth which amounted to 120000 l. Three Subsides of which the last came to but 36000 l. One Benevolence And of the Clergy twice the Tenth and 25000 l. by way of Subsidy and yet Cotton says for which he cites a good * Lib. Acquit in t Regem Dudley R. C. Authority That he left behind him in Bullion Four Millions and a Half besides his Plate and rich Attire of House My Lord †Life of Hen. 7. p. 230. Bacon indeed brings the Sum lower and says it was near Eighteen Hundred Thousand Pounds Sterling But to reckon according to either of these Authors the Sum was prodigious for those Times 'T is true he had very extraordinary Ways of scraping up Money such as Sale of Offices Redemption of Penalties dispensing with the Laws and the like but all these together produc'd only * Answer to the Reasons c. p. 52. 120000 l. per Annum Besides Empson and Dudley the Two Ministers of his Extortions did not commit their Rapines till towards the latter End of his Reign From whence we may reasonably conclude that the Principal Foundation of all this Wealth join'd with his own Parsimony must have been the Crown-Revenue and that the former Acts of Resumption with that which was made in his own Reign which no doubt this frugal Prince took Care to see put in Execution had reduced it to it 's former State and Condition For had no more been left than 5000 l. per Annum there would have been no matter for his Oeconomy to work upon so that we may very well infer that the fore-mentioned Resumptions had reliev'd the King's Affairs and brought the Crown-Revenue once more into a flourishing Condition But Henry the Eighth not only spent the immense Sum left him by his Father but likewise a great Part of that Revenue which came to the Crown by seizing the Abby-Lands which amounted to * Hist of the Reform Part 2. p. 268. 131607 l. 6 s. 4 d. per Ann. However he who considers the History of those Times and how much this Prince made himself the Arbiter of Europe will find his Money was not so unprofitably spent as is vulgarly imagin'd Besides †Ibid. p. 269. great Sums were laid out on building and fortifying many Ports in the Channel and other Parts of England which were rais'd by the Sale of Abby-Lands But notwithstanding the expensive Temper of this Prince he left his Successors very sufficient and substantial Landlords in England For we found in Sir Robert Cotton's Library in a * Cleopatra F. 6. Fol. 51. Book part of which is of that learned Antiquary's own Hand writing and to which King James the First has set his Name James R. which Book contains very many curious Things That the Revenue of the 12th of Elizabeth besides the Wards and Dutchy of Laâ—câ—ster amounted to 188197 l. 4 s. per Annum The Writer of these Papers does not remember to have met with any Thing relating to Resumptions in the Reign of Queen Elizabeth but the Reason why nothing of that Nature should be done in her Time is very obvious her Father had alienated from the Crown a great Part of the Abby-Lands or exchang'd 'em for other Lands as a Multitude of Acts pass'd to that Purpose in his Reign Witness And it was a strong Security to the Protestant Religion and Interest that those Estates should remain in the Hands and Possessions of private Persons A Resumption was thought on in the Reign of King James the First of which the forementioned Tracts of Sir Robert Cotton are a sufficient Evidence Besides in the †Annals of King Jam. p. 10. Annals of those Times 't is said to have been debated in Council But in the Reign of King Charles the Second a Resumption was again agitated for we find in the Journals of the House of Commons Martis 22 Die Maii 1660. A Bill for making void of Grants made since May 1642 of Titles of Honor Mannors Lands Tenements and Hereditaments pass'd under several great Seals by the late King Charles or the King's Majesty that now is or any other great Seal was this Day read the second Time and upon the Question committed c. And as a Mark that these Alienations of the Crown-Revenue were always distasteful to the People of England and to show that the House of Commons desir'd that a new Prince should betimes know the Nation 's Sence in this Matter we shall produce the following Resolves of that Parliament which restor'd King Charles Martis 4 Die Sept. 1660. Resolv'd That this House doth agree with the Committee That a Bill be brought in for Settling the Lands of the Crown so as that no Grant of the Inheritance shall be good in Law nor any Lease for more than Three Lives or One and Thirty Years where a Third Part of the true yearly Value is reserv'd for a Rent as it shall appear upon a Return of a Survey which that Act is to take Order for to be speedily had and taken and that Mr. Sollicitor General and Mr. Serjeant Glyn do prepare and bring in a Bill accordingly Resolv'd That this House doth agree with the Committee That the King's Majesty be humbly desir'd from this House to forbear to make any Leases of the Lands or other Grants of the Revenue of the Crown till the said last mention'd Act be pass'd And the Reason why these good Resolutions took no Effect is not at all difficult to discover 'T is to be fear'd that too many we mean without Doors in those corrupt Times not only were concern'd in the Grant already made but likewise did design as it prov'd afterwards to get for themselves what remain'd of the King's Lands And now for a full Answer to those who pretend Resumptions had never any Effect we shall produce a State of the Crown-Revenue as it lay before the House of Commons the same Year Martis die 4. Sept. 1660. ' Sir Heneage Finch reports from the Committee That according to the best Information the Committee could receive and by Estimate the Revenue amountted to 819398 l. per Annum viz.  l. By Customs 400000. By Composition for the Court of Wards 100000. The Revenue of Farms and Rents 263598. The Office of Postage 21500. The Proceed of Dean Forest 4000. The Imposition on the Sea-Coal exported 8000. Wine-Licenâ—e and other Additions 22300. Total 819398. From which Accompt it appears that notwithstanding the Profusion of Henry the Eighth and the irregular Bounty of K. James the 1st to his Scots the Land-Revenue of the Crown which Anno 28. Hen. 6. when the Parliament made the first formal and regular Resumption was reduc'd to 5000 l. per Annum came afterwards with the Forest of Dean to amount to 267598 l. per Annum Our Princes have seldom been known to purchase Lands The Abby-Lands could not make this
But 't is left to the Gentlemen of the Long Robe to determin in this Point However tho' this Doctrin of Non Obstantes invented perhaps first to enlarge the Prerogative for the People's benefit and made use of afterwards to extend it to the King and People's Damage may have heretofore receiv'd Countenance in Westrninster-hall there is another Place where in no Age it has met with Favour And the Reasons why so many Resumptions have been made might be First That it gave Offence to the Legislative Authority to see the Ministers make use of this dispensing Power Secondly That it appear'd the Suggestions were wrong upon which the Grants were grounded That is that the Soveraign did not proceed Ex certa Scientia namely that he was surpris'd and misinform'd in the value of the Thing given That he did not proceed Ex mero motu but that the Gift was wrested from him by his importunate and undeserving Courtiers That he did not proceed Ex Speciali Gratia but was rather induc'd to bestow the Favour through the necessity of his Affairs to quiet some great Man or to please some powerful Party And in all probability upon such or the like Accompts Parliaments have look'd into Grants and the best Princes have not thought it dishonorable to join in Revoking what had been thus Extorted from them And as to the distinction which the Lawyers make between Directive and Coercive Admit the Forms by which the Law has directed all Grants shall pass should be only Directive to the Soveraign and devised for his greater Ease and Safety yet without doubt they are Coercive to his Ministers No Law-givers ever intended that a solemn Law made upon mature Deliberation and prescribing a Rule in high Affairs of State should have no effect at all But the 27 Hen. VIII which Chalks out to the Secretary Lord Privy Seal and Lord Chancellor the regular Steps they are to make in passing Grants would be of no sort of signification if they may pass per Saltum and by immediate Warrant without being enter'd in the several Offices When Parliaments advise the Prince 't is humbly submitted to his Wisdom whether or no he thinks fit to approve of their Councils But when by a written Law they give Advice and lay down Rules and Directions in Matters of State for the Ministers to walk by and observe without doubt they intend Advice so solemnly given should be follow'd Hitherto we have mention'd the Cautions Provisions Restrictions and Forms which our Ancestors establish'd and made use of to preserve the King's Revenue by which the Publick was to be supported But notwithstanding all this the Wickedness of Men was either too Cunning or too Powerful for the Wisdom of the Laws in being And from time to time Great Men Ministers Minions and Favourites have broken down the Fences contriv'd and settled in our Constitution they have made a Prey of the Common-wealth plum'd the Prince and converted to their own Use what was intended for the Service and Preservation of the State We shall therefore proceed to show That to obviate this Mischief the Legislative Authority has all along interpos'd with Inquiries Accusations and Impeachments till at last such dangerous Heads were reach'd For as Courts have been watchful to Rob the Prince so antiently the Barons and afterwards Parliaments from time to time have been as vigilant to prevent his Ruin showing in the progress of their Councils great Wisdom mixt with Duty and Temper join'd with Courage The first Great Person whom we find question'd since the Norman Government was Ranulphus Bishop of Durham who bore the Office of what we now call * Dugdale Series Chronica p. 1. Lord Treasurer of England in the time of William Rufus This Man had been the Principal Instrument of the Profusion and of what is its Consequence those Extortions that disgrac'd the Reign of Rufus Of whose times William of Malmsbury speaking says None were then Rich but such as dealt with the Exchequer * Will. Malms p. 123. Nullus Dives uisi Nummularius This wicked Minister was brought to Punishment by Henry I. who cast him into Prison and loaded him with Chains Matthew Paris says †Mat. Paris p. 56. De Communi Consilio Gentis Anglorum posuit eum Rex in vinculis Malmsbury gives him this Character * Wil. Malms p. 123. Radulphus Clericus ex infimo genere hominum Lingua Assiduitate provectus ad summum Expilator Divitum Exterminator Pauperum Confiscator alienarum Hereditatum Invictus Caussidicus cum verbis tum rebus immodicus nec aliorum curaret odium dummodo complaceret Dominum It seems he was a little insolent Fellow who by his fluent Tongue and cringing at Court had got Power enough to do much hurt in England A mischievous Tool against the Publick as well as an Oppressor of private Men Subtle to invent Wickedness and Bold to put it in Execution and one who would stick at nothing to raise himself Matthew Paris speaking of him says he was †Mat. Paris p. 56. Homo perversus ad omne Scelus paratus quem Rex constituerat Procuratorem suum in Regno ut evelleret destraeret raperet disperderet omnia omnium bona ad Fifci Commodum comportaret We have thus painted out this Statesman in the Colours as he is represented by those two Venerable Writers And he so much resembles several bad Ministers who in the Ages since have succeeded both to his Post and Power that one would think they had chosen to take him for their Pattern In the 5 of Edward II. Pieres de Gaveston was accused in Parliament for having given the King ill Council and for having cheated the King of his Treasure and sent it beyond Sea and for having Estranged the King's Heart from his People so as he slighted their Councils and for having remov'd all faithful Ministers and plac'd only his own Creatures or Foreigners about the King and for having caus'd the King to grant Lands Tenements and Offices to himself and his Heirs and to divers other People insomuch that by his Wealth he was become dangerous to the great damage and injury of the King and his Crown For which he was Banish'd the Realm so as if he return'd he should be treated as an Enemy to the King Kingdom and People But take the Words of the Record because 't is very curious Rot. Ord. 5. Edw. 2. Num. 20. Purceo qe conue chose est per le examinement de Prelatz Countes Barouns Chivalers autres bones Gentz du Roialme trovez qe Pieres de Gaveston ad Malmeuez mal Conseillez nostre Seignour le Roy lad enticee a malfaire en divers Manieres deceivances en accoillant a lui toute le Tresor le Roi lad esloigne hors du Roialme en attreant a lui royal Poer royal Dignite come en aliaunce faire de Gentz par sermentz
de vivre morir ovesqe lui encountre touts Gentz ceo par le Tresor qe il purchace de jour en jour enseignurant surlestate le Roy de la Corone en destruction du Roi du Peuple especialment enloignant le cuer le Seignour de ces liges Gentz en despisant lours Counseils nient soeffrant bons Ministers faire ley de Terre en ostant les bons Ministers mettant ceux de sa Covine ausi biens Aliens come autres qi a sa volunt a son commandment offendent droit et ley de Terre en parnant Terres Tenements et Baillies du Roi a lui et a ses Heires Et ad fait qe le Roi ad done Terres Tenements de sa Corone as divers Gentz a grand damage et decrese de l Estate le Roi et de sa Corone Et ceo ausi bien puis l ordeinement qe le Roi granta as Ordeinours de faire au profit de li et de son People come devant encountre l ordeinement des Ordeinours Et maintient Robbeours Homicides et les fait avoir le chartre le Roi de Peez en donant hardement a mesfeseurs de pis faire et menant le Roi en Terre de Guerre sauz commun assent de son Barnage en peril de son Corps et en destruction du Roialme Et en fesant sealer blanches Chartres desoutz le Grand Seal le Roi en deceit et desheritance du Roy et de sa Corone et encontre son Homage et felonesement fauxment et treterousment ad fait les choses susdites a grand dishonour et damage du Roi et desheritison de la Corone et a destruction du People in moults maners Et ovesqe ceo nous eantz regard a lez faits le tresnable Roi Pere le Roi qore est par qi Agard lavant dit Pieres forsjura le Roialme d Engleterre et voleit qe nostre Seignour le Roi son Fitz forjurast a touz jours la Campaigne de lui et qi puis par comun assent de tout le Roialme et du Roi et de lui mesmes les Prelatz Counts et Barouns autrefoitz estoit agardez de meisme le Roialme voider et voida et qe son retorner nestoit unqes par comun assent mes solement par assent des ascuns persons qi souz Condition si bien se portast apres son retourner a ce se assentirent Et ore certainement est troves son mal port pur qeuâ—port et pur Les grandes mauvaisetees Susdites et pur plusors autres qe purront aveiner a nostre Seignour le Roi et a son People et pur bon accord nurrer entre le Roi et ses Gentz et moltes maniers de discordes et perils eschuire Nous ordeinous par vertue de la Commission nostre Seignour le Roi a nous grantee qe Pieres de Gaveston come apiert Enemy le Roy et de son People soit de tout exiles auxi bien hors de Roialme d Engleterre d Escoce d Irland et de Galles come de â—oâ—e la Seignourie nostre Seignour le Roy auxi bien dela la mere come de cea a touz jourz sans james returner et qil voide le Roailme d Engleterre et totes les Terres susdites et tout outriment la Seignourie nostre Seignour le Roi entre ci et la Fest de toutz Seintz prochein avenir Et luy donons Port a Dover en la forme susdite et nuelle parte aillours a passer et a voider Et si le dit Pieres demoerge en le Roialme d Engleterre ou uuelle parte aillours en la Seignourie nostre Seignour le Roi outre la dit jour qe done luy est de voider et de passer come est susdite Adunqe soit fait de luy come del Enemy du Roi et du Roialme et de son People Et qe touz ceux qi desormes voant encontre cest ordeinement en droit du dit Exile ove le peine qe sensuit soit fait de eux solone ceo qe y appent si de ceo soint atteintz Pieres Gaveston at first was a Man only in the King's Pleasures but as weak Princes often remove Men from their Pleasures into their Business so Gaveston became presently a Minister of State For the Records show that he was Guardian and Lieutenant of the Kingdom in the King's Absence with very immoderate Powers and afterwards he was constituted * Pat. 1. Ed. 2. m. 3. Lieutenant of Ireland but the extravagant Honours and Favours conferr'd upon him and the Lands he got from the King drew as all our Historians witness the Indignation of the Parliament upon him †Walsing p. 99. Tho. Walsingham says that the Barons Librato utrobique Periculo inveniunt quod vivente Petro esse non poterit Pax in Regno nec Rex abundare Thesauro And so they never rested till he was banish'd the Kingdom * 5 Edw. 2. Rot. Parl. Nu. 22. In the same Parliament Henry de Beaumont was likewise accus'd for that to the damage and dishonour of the King he had receiv'd the Kingdom of Man which the Lords whom the King had consented should be of his standing Council thought fit should remain to the Crown And for that he had procur'd from the King to himself other Rents Lands Franchises and Offices And for that he had procur'd for others the Grants of Lands Rents Tenements Franchises and Offices And for that he had given evil Council to the King contrary to his Oath For all which the Judgment upon him was That he should be outed the King's Council for ever and not come near the King's Person unless he were summon'd to Parliament or call'd upon to attend the King in his Wars Or unless it were by common Assent of Archbishops Bishops Earls and Barons in full Parliament and that all his other Lands should be seiz'd into the King's Hands until the King should be satisfy'd the full value of what he had receiv'd from those Lands so granted to him by the King It seems likewise that in this Reign the Ladies were Begging and Intreaguing at Court For the Lady Vescey was * Rot. ibid. Nu. 23. accus'd for having prevail'd upon the King to give Sir Henry Beaumont her Brother and to others Lands Franchises and Offices to the Damage and Dishonour of the King for which she was order'd to repair to her own House without ever returning to Court to make stay there 'T is true as we have noted before the King got this whole Act repeal'd at the Parliament held at York 15 Edw. 2. but it was just after he had made a War upon his People and put to Death the * Tho. Walsing p. 116. Earl of Lancaster of the Blood Royal and Eleven or Twelve of the other Peers of
England And what succeeded to this unfortunate Prince upon such an extraordinary Act of Violence is but too manifest The Ministers and Promoters of all the Irregularities committed by that King were the two Spencers Earls of Winchester and Glocester who were put to death in a tumultuous manner * Col. 2547. Knyghton indeed says the Earl of Glocester was arraign'd before Sir William Trussel Justiciarie Dominus Hugo Spencer ductus coram domino Willielmo Trussell Justiciario areniatus est coram eo ad Barrum One of the principal Heads of the Accusation against Hugh Spencer was for that he had advised the King to give and grant unto the false Traitor the Earl of Winchester Andrew Harkely and to himself Lands appertaining to the Crown in disherison thereof * Kâ—yghâ—on Col. 2548. Hugh apres celle maveiste vous Consellastes nostre Seignour le Roy en desheritaunce de sa Coronne a doner vostre Piere que fuist faux Traytour le Conte de Wyncestre Andrewe de Harkely Traytour notorye attaynte le Conte de Cardoyle Et a vous Hugh la Terre de Cantermaure altres Terres que furont proprement Appurtenancez a la Coronne For which and for other Crimes he was condemned and Executed Among the Articles exhibited in Parliament Anno 4. Edw. 3. against Roger Mortimer Earl of March two of 'em are for procuring to himself Grants of the Crown-Revenue That he caused the King to make him Earl of March and to give Him and his Heirs many Lands in Disherison of the Crown And that the said Roger caused the King to give to Him and his Children and Confederates Castles Towns Mannors and Franchises in England Ireland and Wales in decrease of the Revenues of the Crown Judicium Rogeri de Mortimer * Rot. Parl. 4 Edw. 3. Et a mesme le Parlement per son dit Royal Poer a luy accroche fist tante qe nostre Seignour le Roy luy fist Conte de la Marchie luy dona plusours Terres a luy a ses Heirs en desheritance nostre dit Seignour le Roy de sa Corone Item le dit Roger per son Royal Poer a luy accroche fist le Roy doner a luy a ses Enfantz a ses Alliez Chastelx Villes Manoirs Franchises en Engleterre Irland Gales en decrese de sa Corone Rot. ibid For this and for other Crimes of which some were judg'd to amount to Treason he was condemned to be hang'd at Tyburn and the Sheriffs of London were order'd to attend the Execution In the 10th of Richard II. Michael de la Pool Earl of Suffolk was Impeach'd in Parliament upon several Articles the Principal of which was For that being Lord Chancellor and sworn to promote the King's Profit he had purchas'd of the King Lands Tenements and Rents of a great Value against his Oath and such Grants being more than he deserv'd considering the great Poverty of the King and Kingdom To which he answer'd that he had no Lands of the King but since his being created Earl and that by way of Exchange To which the Commons reply'd by showing the Oath he took when he was made Lord Chancellor the Effect whereof was for doing Justice observing the Laws Councelling the King and not to suffer any Damage or Disherison of the Crown and that by all means he should promote the King's Profit And hereupon because he confess'd the Gift of the Lands to him whilst he was Chancellor and that during the same time the Exchange was made of good Lands for a Casual Custom at the Port of Hull they inferr'd that the same was not for the King's Profit according to the Tenor of the Chancellor's Oath And therefore they pray Judgment The Judgment against the said Earl was That for Breach of his Oath all the said Mannors and Hereditaments which he had of the King's Gift should be seiz'd into the King's Hands together with all the mean Profits saving to the Earl his 20 l. per Annum Creation-Mony in the County of Suffolk But take the Words of the Record as far forth as they relate to the present Matter Rot. Parl. 10 Ri. 2. P. 1. Num. 1. Premierement qe le dit Conte estant Chanceller jure de faire le Profit du Roy purchassa de nostre Seignour le Roy Terres Tenements et Rents a grand value come piert per Recordes Rolles de la Chancellerie encontre son serment La ou il n'avoit tant desservi considerez la grante necessite du Roy et du Royalme et outre ce a cause qe le dit Conte fust Chanceller au temps du dit Purchasse faite les dites Terres et Tenements furent extendus a meindre value qils ne veillent per an per grant some en deceite du Roy. Rot. ibid. Nu. 6. Qand al premier Article de son Empechement cest assavoir depuis qil estoit Chanceller qil deust purchasser certeins Terres du Roy c. Le dit Conte respond qe depuis qil fust Chanceller il ne purchassa unqes nulles Terres ne Tenements du Roy ne le Roy luy donna ne al nully des soins nulles Terres ne Tenements tant qe aux temps qe le Roy fist prendre l'estat du Conte mes per voie de verrai Exchange Cest assavoir qe come le dit Conte avoit CCCC Marcs annuelx sur la Custume de Kyngston sur Hull per descente de Heritage pur qeux il pleust au Roy d assigner au dit Conte Terres et Tenements a la value et assignee et ordonna partie devant qil fust Chanceller et partie depuis et ce au profit du Roy si bien annuellement come par Cause de une Some de mille Marcs paiees ou Roy per le dit Conte pour celle cause c. Then he proceeds to give several Particulars of the Agreement and to set forth his Merits and that the King made him take the Honour of Earl upon him without his seeking and how he was persuaded to be Chancellor But it seems the Parliament did not take his Answer to be sufficient for the Commons reply'd in the Words following Rot. ibid. Num. 8. Et les Communes replians al responce du dit Conte del premier Article Monstrent as Seignours la Copie de son serment fait qant il fust Creez Chanceller en maniere quensuit Vous Jurrez qe bien et Loyallement servirez a nostre Seignour le Roy et a son People en l office de Chanceller et droit feres as toutes Gens pouvres et riches seloncles lois et usages du Royalme et loyalement conseillerez le Roy et son Conseil sellerez et qe vous ne saverez ne sufferez le damage ne desberitison le Roy ne qe les droitures de la Corone soient destruits per nulle