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
Value if it cannot be given away without great Damage to the Crown if by reason of such Gift he is hindred from paying his just Debts or from having wherewithal to defray the Charges of the Government or to provide for the Kingdoms Defence or if by this and other Gifts he must be driven through the failing of his own Revenue to lay heavy Burthens upon the People 't is the Duty of the Lord Treasurer to represent the whole Matter honestly and impartially to the King and to hinder the Grant from proceeding any further And as a Tie upon him he takes the following Oath Ye shall swear That well and truly ye shall serve the King our Soveraign Lord and his People in the Office of Treasurer and ye shall do right to all manner of People Poor and Rich of such Things as toucheth your Office And that King's Treasure truly ye shall keep and dispend And truly ye shall counsail the King and his Counsel ye shall layn and keep And that ye shall neither know nor suffer the King 's Hurt nor his dis-heriting nor that the Rights of his Crown be distressed by any means as far forth as ye may let And if ye may not let it ye shall make knowledge thereof clearly and expressly to the King with your true Advice and Counsel And ye shall do and purchase the King's Profit in all that ye may reasonably do as God you help and the Holy Evangelists It was hardly possible to devise a more binding Oath And the Words Ye shall well and truly serve the King our Soveraign Lord and his People in the Office of Treasurer are an Evidence that our Forefathers took themselves to have some kind of Interest in what was call'd the Crown-Revenue If the Grant meets with no Objection at the Treasury the King signs a Warrant directed to the Attorny or Sollicitor-General who is another Great Officer impowering him to prepare a Bill containing such a Grant And if the Grant be of Mony appropriated by Act of Parliament or of Lands annex'd to the Crown by Act of Parliament or if the Grant be any ways illegal or prejudicial to the Crown it is the Attorny or Sollicitor-General's Duty to advertise thereof After Mr. Attorny has pass'd it it goes to the Signet the Custody whereof is in the Secretary of State who being a Minister in high Office is presum'd by the Laws to be watchful for the King 's Good and to inquire into all Matters relating to the Weal Publick He is presum'd to be apris'd of the Persons Merits to whom the Grant is to be made and likewise to understand either the Affluence or Want in the King's Coffers and the general Condition of his Revenue And having an Allowance for Intelligence he is presum'd to know the Discourses and Opinions of the People and how such Grants are relish'd If therefore the Person suing out the Grant has no Merit at all or at least no sort of pretention to so great a Reward or if he knows the Publick to be press'd with Wants and Debts or if he hears that the People murmur at the Taxes which Profusion introduces and Clamour to see the Nations Mony wasted by his Duty as Privy Councellor and by his Oath he is bound faithfully and plainly thereof to inform the King From the Signet it should go to the Privy Seal who is likewise another Great Officer who being near the Person of the King is presum'd to know the Condition of the Kingdom and therefore the Law has made him another Check He takes this Oath Ye shall as far forth as your Cunning and â—â—â—cretion sufficeth truly justly and evenly execute and exercise the Office of Keeper of the King 's Privy Seal to you by his Highness committed not leaving or eschewing so to do for Affection Love Meed Doubt or Dread of any Person or Persons c. So that if the Lord Privy Seal finds that through Corruption in other Offices or that by Power Importunity or partial Favour a Grant tending greatly to the Publick Damage and to the Diminution of his Prince's Revenue has pass'd so far as to his Office he ought to stop it there and is bound in Duty and by his Oath to lay the whole Matter before the King From the Privy Seal it goes to the Great Seal in the Custody of the Lord Keeper or Lord Chancellor of England who is accompted the Kingdom 's as well as the King's Officer and there the Grant is compleated upon which score in the Eye of the Law this Great Minister is most look'd upon his Oath is the same with that of the Lord Treasurer He swears Well and truly to serve the King and his People in the Office of Chancellor truly to Counsel the King not to suffer his Hurt or Dis-heriting nor that the Rights of the Crown be distress'd by any Means as far forth as he may let And if he may not let it he is to make it clearly and expresly known to the King with true Advice and Counsel And in all that he may he is to do and purchase the King's Profit So that more than any other as the highest Officer and as the last Check the Laws presume him to consult for the King 's good Therefore if the Grant be exorbitant if it be made to an undeserving Person if it notoriously surpasses the Merits of the Suitor if it was obtain'd upon wrong Suggestions if it occasions Obloquy to the Government or Discontent among the People if the King's Debts are many and clamorous if the Nation labours at the same time as the Gift is made under heavy Taxes and if the Grant tends greatly to the Hurt and Impoverishment of the Crown with all which Matters the Law presumes so great a Minister in the State to be acquainted he is bound in Duty and by his Oath not to fix the Great Seal to the said Grant but thereupon faithfully and impartially to advise the King And Chancellors who have acted otherwise and who contrary to the Trust of their Office have ventur'd to pass outragious Gifts Douns Outrageuses as the Records call 'em whereby the Crown has been impoverish'd have been heretofore as we shall show by and by question'd impeach'd and attainted in Parliament These were the ancient Steps in Passing Grants from the Crown which were afterwards inforc'd by a positive * Anno 27 Hen. 8. Cap. 11. Law in the Reign of Henry the Eighth a Prince jealous enough of the Regal Authority 'T is true by the Suggestion in the Preamble it looks as if the Act were made to preserve the Fees belonging to the Clerks of the Signet but bringing in Fees to Officers being never the Object of a Parliaments Care we ought to conclude that the House of Commons gave that fair Colour in the Reign of a Suspicious and Arbitrary Prince to the Regulations they intended to make as to Passing Grants from the Crown First the Law directs That the King's
Grants shall be brought to the Principal Secretary or to one of the King's Clerks of his Grace's Signet for the time being to be at the said Office of the Signet pass'd accordingly And be it also ordained and enacted That one of the Clerks of the said Signet to whom any of the said Writings signed with the King 's most gracious Hand or the Hand of any other aforesaid or any of them fortune to be deliver'd may and shall by Warrant of the same Bills and every of them within the space of eight days next after he shall have receiv'd the same unless he have Knowledge by the said Secretary or otherwise of the King's Pleasure to the contrary make or cause to be made in the King's Name Letters of Warrant subscrib'd with the Hand of the same Clerk and sealed with the King's Signet to the Lord Keeper of the King 's Privy Seal for further Process to be had in that behalf And that one of the King's Clerks of the said Privy Seal upon due Examination had by the said Lord Keeper of the said Privy Seal of the said Warrant to him addressed from the Office of the said Signet as afore may and shall within the space of eight days next after he shall have receiv'd the same unless the Lord Keeper of the Privy Seal do give them Commandment to the contrary make or cause to be made by Warrant of the foresaid Warrant to the said Lord Keeper of the Privy Seal Address from the Office of the Signet aforesaid other Letters of like Warranty subscribed with the Name of the same Clerk of the Privy Seal to the Lord Chancellor of England Lord Keeper of the Great Seal Chancellor of the Dutchy of Lancaster Chancellor of the King's Land of Ireland Treasurer and Chamberlains of the Exchequer and Chamberlains of any of his Counties Palatines or Principality of Wales or other Officer and to every of them for the writing and ensealing with such Seals as remain in their Custody of Letters Patent or Closed or other Process making due and requisite to be had or made upon any the said Grants according to the Tenor of the Warrant to them or any of them directed from the Officer of the Privy Seal as is afore specified These Cautions show how carefully our Constitution has provided that nothing shall be done which may turn in Despendium Regis aut Regni But here some flattering Lawyers will affirm That these Methods are Directive not Coerceive Or as Hobart says †Hobart's Reports Colt and Glover P. 146. That these kind of Statutes were made to put Things in ordinary Form and to ease the Sovereign of of Labour but not to deprive him of Power according to this Maxim of the same Judge That * Lord Sheffeild ver Ratcliffe p. 335. Dare Prerogativam est nobile Officium Judicis Debitum And truly heretofore Westminster-hall did so order it that these Fences intended to keep the Publick Revenues from the Hands of Spoilers were all broken down and that all these Statutes were evaded For the Force of all these wholsome Laws was enervated by Clauses afterwards incerted into the Letters Patents viz. Ex certa Scienta mero motu Gratia speciali Ex certa Scientia was very antiently made use of but the words became more necessary afterwards to defeat the 1st of Henry IV. where 't is enacted †Rot. Parl. 1 Hen. 4. Num. 98. That the true and express Value of the thing to be granted shall be incerted in the Letters Patents otherwise the Grant to be void So that these words suppose the King to have certain knowledge in every Circumstance of the thing he is to give away which happens very rarely to be the Case But notwithstanding these words if certain Proof can be made that the King was misinform'd by false Suggestion no Lawyer will say the Grant is good Ex mero motu imports the Honor and Bounty of the King who Rewards the Patentee for Merit without his Suit These words suppose the King to be truly appris'd of the Person 's Merit and were brought in to obviate the 4th of Henry IV. whereby it was enacted * Rot. Parl. 4 Hen. 4. That no Lands should be given but to such as deserv'd them and if any made Demands without Desert that he should be punish'd And to the same purpose were added the words Ex Gratia speciali yet more to denote that the Gift proceeded meerly from the King's Favour and not at the Party's Sollicitation But besides all this because anciently it seem'd a Fundamental that the Crown-Lands were not alienable and because all along Parliaments had complain'd of these Alienations as looking upon 'em to be illegal the Lawyers of old Times endeavour'd to secure and cover all by a Clause of Non Obstante to be incerted in the Patents These Clauses of Non Obstante were not known in our original Constitution Mathew Paris says they grew rife in the Reign of Henry III. Anno Dom. 1250. * Mat. Paris p. 810. Sprsimque jam tales Literae in quibus inserta est haec detestabilis adjectio Non Obstante Priore Mandato vel haec Non Obstante Antiqua Libertate Suscitabantur Then he goes on Quod cum comperisset quidam vir discretus tunc Justitiarius scilicet Rogerus de Thurkeby ab alto ducens suspiria de praedictae adjectionis appositione dixit Heu heu hos ut quid dies expectavimus Ecce jam civilis Curia exemplo ecclesiasticae Coinquinatur a Sulphureo fonte intoxicatur But this Clause grew more necessary after the 11th of Henry IV. when it was plainly and directly enacted * Rot Parl. 11 Hen. 4. Num. 23. That all manner of Heriditaments which from thenceforward should fall into the Crown should not be alienated but remain to the King And this last Law being positive unrepeal'd as we know of and still in force as much as Magna Charta and the Doctrin of Non Obstantes seeming to be condemn'd by The Ast declaring the Rights and Liberties of the Subject in these Words That the pretended Power of Suspending of Laws or the Execution of Laws by Regal Authority without Consent of Parliament is Illegal That the pretended Power of dispensing with Laws or the Execution of Laws by Regal Authority as it hath been assum'd and exercis'd of late is Illegal There will arise a Question how far the Grants made since the passing this Act 1 Gul. Mar. are valid by the Laws as they stand at present For we may argue thus It was enacted 11 Hen. IV. That the Crown-Lands should not be granted away However the Practice was otherwise and the Grants were supported by Clauses of Non Obstante But these Non Obstantes or the dispensing with Laws in force being declar'd Illegal it should follow that the Grants of Crown-Land made for these last ten Years are void in Law and revokable at the King's Will and Pleasure
Coâ— 1. It was an Article against the Duke of Buckingham that he had such a Multiplicity of High Offices in the State as no one Person could well and truly discharge That for his own particular Gain he had sold Patents to be Peers of England to the prejudice of the Gentry and dishonour of the Nobility of this Kingdom That besides his great Employments and the Profits thereunto belonging which might have satisfy'd any moderate Ambition He had procur'd to himself several Grants of the Crown Revenue amounting to a high Value But that the Reader may have this matter of Impeachments more fully before him we shall here incert the three Articles which have Reference to our present subject tho they are already publish'd in Rushworth Rush Coll. 1 vol. p. 306. Art I. That whereas the Great Offices expressed in the said Duke's Stile and Title heretofore have been the singular Preferments of several Persons eminent in Wisdom and Trust and fully able for the weighty Service and greatest Employments of the State whereby the said Offices were both carefully and sufficiently executed by several Persons of such Wisdom Trust and Ability And others also that were employ'd by the Royal Progenitors of our Sovereign Lord the King in Places of less Dignity were much encouraged with the Hopes of Advancement And whereas divers of the said Places severally of themselves and necessarily require the whole care industry and attendance of a most provident and most able Person He the said Duke being young and unexperienced hath of late Years with exorbitant Ambition and for his own profit and advantage procured and ingrossed into his own hands the said several Offices both to the danger of the State the prejudice of that Service which should have been performed in them and to the great discouragement of others who by this his procuring and ingrossing of the said Offices are precluded from such hopes as their Vertues Abilities and Publick Employments might otherwise have given them p. 334. Art IX Whereas the Titles of Honour of this Kingdom of England were wont to be conferred as great Rewards upon such virtuous and industrious Persons as had merited them by their faithfull Service the said Duke by his importunate and subtle Procurement had not only perverted that antient and most honourable Way but also unduly for his own particular Gain he hath enforced some that were rich though unwilling to purchase Honour as the Lord R. Baron of T. who by practice of the said Duke and his Agents was drawn up to London in or about October in the Two and twentieth Year of the Reign of the late King James of famous Memory and there so threatned and dealt withal that by reason thereof he yielded to give and accordingly did pay the summ of Ten thousand pounds to the said Duke and to his use For which said Summ the said Duke in the Month January in the Two and twentieth Year of the said late King procured the Title of Baron R. of T. to the said Lord R. In which practice as the said Lord R. was much wronged in this particular so the example thereof tendeth to the prejudice of the Gentry and dishonour of the Nobility of this Kingdom p. 340. Art XII He the said Duke not contented with the great Advancement formerly received from the late King of famous Memory by his procurement and Practice in the fourteenth Year of the said King for the support of the many Places Honours and Dignities conferred on him did obtain a Grant of divers Manners Parcel of the Revenue of the Crown and of the Duchy of Lancaster to the yearly value of One thousand six hundred ninety seven pounds two shillings half-penny farthing of the old Rent with all Woods Timber Trees and Advowson part whereof amounting to the Summ of Seven hundred forty seven pounds thirteen Shillings and four Pence was rated at Two and thirty thousand Pounds but in truth of a far greater Value And likewise in the Sixteenth Year of the same Kings Reign did procure divers others Manners annexed to the Crown of the yearly value at the old Rent of Twelve hundred Pounds or thereabouts according as in a Schedule hereunto annexed appeareth In the Warrant for passing of which Lands he by his great Favour procured divers unusual Clauses to be incerted viz. That no Perquisites of Courts should be valued and that all Bailiffs Fees should be reprised in the Particulars upon which those Lands were rated whereby a President hath been introduced which all those who since that time have obtained any Lands from the Crown have pursued to the damage of his late Majesty and of our Sovereign Lord the King that now is to an exceeding great Value And afterwards he surrendred to his said Majesty divers Mannors and Lands parcel of those Lands formerly granted unto him to the Value of Seven hundred twenty three Pounds eighteen Shillings and two Pence Half-peny per annum in consideration of which surrender he procured divers other Lands of the said late King to be sold and contracted for by his own Servants and Agents and thereupon hath obtained Grants of the same to pass from his late Majesty to several Persons of this Kingdom and hath caused Tallies to be stricken for the Money being the Consideration mentioned in those Grants in the Receipt of the Exchequer as if any such Moneys had really come to his Majesties Coffers whereas the Duke or some other by his Appointment hath indeed received the same Summs and expended them upon his own Occasions And notwithstanding the great and inestimable Gain by him made by the sale of Offices Honours and by others Suits by him obtained from his Majesty and for the countenancing of divers Projects and other Courses burthensome to his Majesty's Realms both of England and Ireland the said Duke hath likewise by his procurement and practice received into his hands and disbursed to his own use exceeding great Summs that were the Moneys of the late King of famous memory as appeareth also in the said Schedule hereunto annexed And the better to colour his doings in that behalf hath obtained several Privy-Seals from his late Majesty and his Majesty that now is warranting the Payment of great Summs to Persons by him named causing it to be recited in such Privy-Seals as if those Summs were directed for seeret Services concerning the State whicâ— were notwithstanding disposed of to his own use and other Privy-Seals by him have been procured for the discharge of those Persons without Accompt and by the like fraud and practise under colour of free Gifts from his Majesty he hath gotten into his hands great Sums which were intended by his Majesty to be disbursed for the preparing furnishing and victualling of his Royal Navy by which secret and colourable devices the constant and ordinary course of the Exchequer hath been broken there being no means by matter of Record to charge either the Treasurer or Victualler of
de Chancellerie du temps notre Seigneur le Roi qi Dieux assoile queux dounes a queux quelle somme ils amontent qi aviendront a trop haut somme sans doute qe sur ceo ils soient sagement examinez asqueux ils estoient donez notablement profitablement pur le Roi le Roialme es queux notre dit Seigneur estoit deceux ses donns malement employez queux tous ceux asqueux notre dit Seigneur estoit deceux qi sont malement employes y puissent estre de tout repellez sanz etre redonez as memes ceux ou a uul autre tanqe ses dettes soient acquites lestat de nos tres honoures Seigneurs les fitz de notre Seigneur qi Dieux assoile qi sont poures a leur estat y purra avenantement per ascuns des ditz donns etre relevez soit le pernour quensy ad notre dit Seigneur deceux punis en cest present Parlement selonc son desert par agarde de Baronage en supportation du Charge qe le commune People y convient porter Ratifiantz Confirmantz a ceux qii ont deserve les donns en manere come notre dit Seigneur qi Dieux assoile leur avoit grantez Considerant a chescun son longe service son Desert regardant sil please a notre Seigneur as tous ceux qe servirent a nostre dit Seigneur son Aiel qe sont sans rewarde pur lour Service Resp Les Seigneurs de continuel Counseil serront Chargez de veer examiner les ditz donns les Conditions estates deserts des Personnes en ultre fair ce qe reson Demande Anno 3 Richard II. The Speaker says If the King were reasonably govern'd in his Expences within and without the Realm he should have little need to charge his Commons who were already much Impoverish'd * Rot. Par. 3 Rich. II. N o. 12. Dist qe lour sembloit a la dite commune que si lour Seigneur lige eust este bien reasonablement governez en ses despenses par dedeins le Royalme autrement il neust ore besoigne de leur aide per chargeant sa dite Commune quore est trop poure c. Anno 5. Richard II. The King says He will make no Grant without the Assent of the Lords of his Council till he shall be out of Debt * Rot Par. 5 Ri. II. P. 1. N o. 74. Item Prient les Communes qil plese au Roy notre Seigneur qil puisse au present estre Escript en Rolle de Parlement coment ordenez est per lui nos autres Seigneurs toute la Commune qe dedesore en aprez nul donn de Terre de Rente de Garde ne de Marriage ne de uul Manere Eschete soit Grantez a nulluy tanqe le Roy notre dit Seigneur soit hors de dette hors des tielx Charges de Guerre come y ad au present si aucune Persone demande aucune donn au contraiere de cette Petition perde les service Compagnie notre dit Signeur pur toujours apres Resp Il ne semble mye honest ne chose Honourable au Roy ne a sa dignitee qil se lieroit a telle Guise peront il ent fuist si oultrement constreint mais plest au Roy il voet pur le bien de luy mesmes de son Roialme soy restreindre abstenir a doner ou granter a aucune Persone Terre Rente Garde Marriage ou Eschete sans lassent accord des Seigneurs autres de son Conseil Anno 6 Rich. II. The Commons among other things pray That the King will appoint good Orders about his Person so as he may live within his Revenues and that all Profits and Gifts may be employ'd upon the Wars to the ease of the Commons * Rot. Par. 6 Ri. II. N o 42. Come autrement ordeigner qe bone Governail soit mys entour votre honorable Persone si qe vous purres honestement roialment viver deinz les revenues de votre Roialme qe toutes Maneres des Gardes Marriages Releifs Eschetes forfaitures toutes autres Commoditees puissent estre gardez pur vos Guerres en defens de votre Royalme nul part aillours donez en supportation aide de vos poures Communes grant honour profit a vous Resp Le Roy est de bone Voluntee le desire moelt entierement de faire ordonner en ce cas per lavis des Seignede son Roialme ce qe luy semblera mieulx affaire pur son honour Profit Anno 9 Ri. II. It was enacted That all the Revenues as well in the Exchequer as elsewhere should be laid up for one whole Year without any Diminution thereof by Gift †Rot. Par. 9 Ri. II. N ◠42. Item qe ordeine soit en especial qe tous les Revenues notre Seigneur le Roy si bien en l'Eschequer comme aillours soient sauuement gardez per un an entier sans estre donez a uully per uul Grant en Supportation de Nostre Seigneur le Roy de son People qe plese a notre Seigneur le Roy de charger commander les Seigneurs du Conseil ses Officiers en plein Parlement que rien ne soit fait au contraire Resp Le Roy le voet Anno II Ri. II. The Commons pray That no Hereditaments or other Profits then escheated to the King be granted to any during the Wars and that no Person presume to crave any of the same * Rot. Par. II Ri. II. P. 1. N ◠24 Item Prient les Communes qe toutes Maneres de Seignouries Terres Tenements Rents Services Biens Possessions Chateaux qeconques forfaits a notre Seigneur le Roy par cause des Jugemens rendus devers les Persones adjugez en cest present Parlement auxint toutes autres Terres Tenements Eschetes Forfetures Gardes Marriages autres Profits qeconques queux sont ou deviendront en la meins du Roy per qeconque cause demoergent entirement en la main du Roy nostre Seigneur durant les Guerres pur acquiter ses dettez en eide de meintenir son estat ensement en eese supportation de ses pauvres Communes du Roialme nient contresteant ascun Grant ou Garrant fait a ascunnys avant cestheures qe nul homme greindre ne meindre en I'Hostiel du Roy ne entour la persone du Roy ne autre qeconqe de quel Estat ou Condition quil soit en privee nen appert soit sy hardy a demander ou preinder de donn nostre Seigneur le Roy ascuns des Seigniouries Terres Tenements Rents Services Biens Possessions Eschetes Forfeitures Gardes Marriages Chateaux ou Profits susdits ou autres Profits ou Revenus qeconques durant les Guerres come dessus
Libertees mes aient entierement enjoient toutes les ditz Libertees Franchises toutes autres lour Libertees Franchises a eux Grantez puis le dit an quarantisme pur releifuement des Fee fermes encresce Fortification des ditz Citees Burghs seloncqe la fourme effect de lour Chartres ent faites cest ordeignance nonobstant Purveu ensement qe nostre tres excellente dame la Reygne ne les Fitz du Roy ne soient contenuz soubs la constreint decest Estatute ou Ordeignance Purveu auxi qe ceux qont Purchasez de Roy Richard Tâ—rrâ—s ou Tenements qeux furent a aucunes Persones forejugez a Parlement tenus a Westminstre lan unsiesme du Regne dudit Roy Richard ne lour Heires soient oustez ne molestez de lour Terres Tenements avantditz per vertue de 〈◊〉 Nâ—â—â— câ—tte Ordeignance Iâ—em qe tous Tonelx Pipes des Vyns des prises de Roy autre Pipes Toâ—elx des Vyns grantez a ascunes Persones de qel Estat ou condition qil soit per nostre Seignour le Roy qorest ou pâ—r ses Progenitours a terme de vie ou a Terme de ans soient entierement resumes es mains du Roy. Ibid N â— 17. Item que toutes dons Grantz des Chastelx Manoires Terres Tenements Fermes Rents Annuitez Libertees Franchises ou Possessions qe-conqes faitz per le Roy Edw. Aiel nostre Seignour le Roy qorest ses Ancestres ou Progenitours devant le dit an quarantisme del Regne dudit Roy Edw. as Persones del Roialme si bien as esprituelx come temporelx a terme de vie a terme de ans en fee taille ou en fee simple ou as auscuns en mortmaine a eux a lour Successours ou as Citeins Burgheis de Citees Burghs as ceux des Cinq Ports a eux a lour Successours de assent nostre tres graceouse Seignour le Roy les Seignours esprituelx temporelx communes en ycest Parlement assemblez soient solonc le effect de lour Estates per Estatutes ent en cest Parlement affaire confermez ratifiez sans estre en aprez adnu lez repellez ou revoqez purveu toutes foitz qe dons ou Grants des Chastelx Manoires Terres Tenements Feefermes Rents Annuites Libertees Franchises ou Possessions qeconqes faitz devant le dit An quarantisme as auscunes a terme de Ans terme de vie ou en le Taille en qele Case la Reversion est reservee au Roy maintenanâ— aprez le estate determine tieux Chateaulx Manoires Terres Tenements Rents Annuities Libertees Franchises Possessions qeconqes soient revertible au Roy come a sa Corone issint soient rejointâ— a la Corone sans estre en nulle manerâ— departis ou severes en temps avenir La Responce fait per le Roy de ladvys assent des Seignours esprituelx temporelx a les Petitions dessus escripts Qeux le Roy voet metre en Execution en tout le haste possible Ibid. N o 20. Responce en Engleis as dites Petitions And for as much that the Commons desiren that the King should live upon his own as good Reason asketh and all Estates thinken the same the King thanketh them of their good desire willing put it in Execution al 's soon as he well may And because the Commons desiren that al that longed to the Corone the Fortâ—â— Year of King Edw. and sithe hath beâ— departed should be resum'd to that intent that the King might better leve of his own And foralsmuch that it may noght be known unto the King which is of the Crown and which is not without more examination ne what hath be granted sith the fortie Yere of King Edw. unto this time the King's intent is to Assign certain Lords Sprituels and certain Lords Temporels and all his Justices and his Sarjeants and all other such as him list name for to put in Execution al 's far as he may by the Law of his Land or by his Prerogotive or Liberty all the Articles contained in the Petition of the Commons in all hast that he may in discharge of his People But this good Care of the House of Commons for the King's Welfare had no other Effect than to procure That the Lands Rents Profits and Annuities so granted away should be seised into the King's Hands for one whole Year but the Reason of this may be easily seen in the Record it self A great part of these Lands were got into the hands of the Clergy The words of the Record are Outragious Grants made to divers Persons as well Spiritual as Temporal Outrageouses dons faits as divers Persons si bien Espirituelx comme Temporelx The People were in that Age very Superstitious as appears by the severe * Vid. Rot. Par. 8 Hen. IV. N â— 62. Act which pass'd two Years after against the Lollards And where the People is Superstitious the Clergy never fail to have the Chief Power And by their Interest in all probability it was procur'd that the Nation could then be reliev'd only with one Years Profit from those Grants And because this After-act militates so directly with what the Commons had done just before there are good grounds to think that the last Project began in that House which was then influenc'd by the Lords Spiritual But we shall produce the Record it self to shew that the Writer desires to handle this Subject impartially and to set every thing in a fair Light Rot. Parl. 6 Hen. IV. N. 21. Item a Considerer les Grants faits per Patentes dessous le grant Seal du Roy de ses Progenitours Predecessours as diverses Persones si bien a terme de vie come en Fee simple ou en Fee taille on autrement y ne seroit honest ny expedient pur le Roy nostre Seignour de faire repelle revocation ou resumption 〈◊〉 tielx Patentes ceo si bien pur lâ— clamour autre Inconveniences qent purront avenir as estranges parties come deins le Roialme Dengleterre Et pur ouster tielx-Meschiefs accordez est qe chascun home feme de quel estat on condition qils soient qe ont ascuns Annuites Fees ou Gages a terme de vie ou des Ans du Grant du Roy Richard ou du Roy qorest qils soefreront chascun de eux soefrera mesmes nostre Seignour le Roy davoir enjoier les dits Annuites Fees Gages del Feste de Pasche darrein passe tanqal lendemain de Pasche prochain avenir cestassavoir per un an entier Purveu toutesfois qe les Fees Gages Regardes de Chancelier Tresorer Gardien du Privee Seal Justices de lun Bank de lautre Barons de lescheqer Serjeants du Roy a la Leye des autres Officers Ministres des Courts
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
Rentes Charges or Annuitees made by you of Estate of Inheritance for terme of Lyffe or terme of Yeres to oney Persone or Persones to be taken of oney of these Premisses or of youre Custumes or Subsidies or Awnage or of youre Hamper or atte or in youre Receits or in otherwyse or in oney other Place or oney of theim or of the Profites coming of theim or oney of theim withinne this youre Reaume Irlonde Wales Guysues Caleys and the Marches of the same be voide and of noone effect And that all manner of Grauntes made by you to oney Persone or Persones of Estate of Enheritance terme of Lyffe or terme of Yeres of oney Herbage or Pannage Fishyng Pasture or Comyne of Pasture youre Warein Wode Wyne Clothyng Furres to noone Office longyng nor perteinyng the seid first Day of youre Reigne nor afore noght yeldyng to you the verray value thereof be voide and of noone effecte And over that like it youre Highness to take resume and seise and reteine into youre handes and Possessions all manner Lettres Patentes Privileges Franchises Hundreds Wapentakes Letes Rapes Vewe of Franchises Fynes Amerciaments Issues and Profites of the same by you graunted syth the first Day of youre Reigne to oney Persone or Persones or Abbot Priour Deane Chapitre Maistre or Wardeyne of College Fraternite Crafte or Gilde And all manner of such Grauntes to be voide and of noone effecte And furthermore All Grauntes made by you to oney Persone or Persones of oney Offices the which were noone Offices the first Day of youre Reigne nor afore be voide and of noone effecte And that all manner of Grauntes made by you to oney Person or Persones geaving theim Power to make or ordeine oney Office or Offices of whome the makyng and Ordeinance the said first Day of youre Reigne or oney time syth longd to you or theim were noone such Office nor afore that thanne such Graunte as in makyng or Ordeinance of such Offices be of noone effecte And over that That all Grauntes and Relesses made by you syth the first Day of youre Reigne to oney Abbot Priour Covent or to oney other Persone or Persones for discharge or quytclayme of oney Corrodies or Corodie Pensione or Pensiones dismez spirituells or Quinszismes or dismes temporells Rentes or Services or oney other charge be void and of noone effecte And that no Persone nor Persones havyng Estate in Offices Fee simple or Fee taille of youre Graunte or oney havyng they re Estate have other Estate in the said Offices but terme of their lyffes that nowe hafe the seid Offices with Fees and Wages to the seid Offices of alde tyme accustumed oonly and noon otherwyse And that all manner of Grauntes by you made or to be made to oney Persone or Persones of the Premises or of oney parcelle during this youre present Parlement be voide and of noone effect And that noo Persone or Persones that hadde oney thyng of the premises afore the tyme of the seid Resumption be noght chargeable by way of Accompt or otherwyse for the same ayenst you youre Heires and Successours except thoo that by youre Grauntes afore the seid Resumption were accomptable This is the fore-part of the Act Word for word to which the House of Commons thought fit to add Savings to several Persons of which we shall give an Abstract First there is Saving to the Queen for her Dower 2 For the Colleges of our Lady of Eaton and our Lady and St. Nicholas of Cambridge 3 For Lands granted in the Dutchy of Lancaster to Persons to the intent to perform the King's Will 4 For Priories Alien then in the Possession of Hospitals or Religious Houses 5 For the Creation Money paid to the Peers but this Saving is with Restrictions 6 For those who had made Surrenders to the King and taken other Lands in Exchange so as the last Grant exceed not the first in value or terme 7 A Saving for Lands bought of the King by Henry Cardinal of England and given to St. Crosses with a general Saving for the Interest and Claime of private Persons to the Lands intended to be Resumed 8 A Saving for those who had Grants in former Reigns out of which they were Lawfully Evicted and in Consideration of which they had Grants from the present King 9 A Saving for those who had exchang'd Lands with the King so as the Lands exchang'd were not also of his own Gift and so as what exceeded in Value should be resum'd 10 A Saving for what paid Rent according to the true value at the time of the Grant 11 A Saving for where the King was Feoffee in trust so as it was not in Lands of his own Gift 12 A Saving for the Lord Chancellor Treasurer Privy Seal Justices Barons of the Exchequer Serjeants at Law Atturney and Officers in the King's Courts of Record for accustom'd Wages Rewards or Cloathing 13 A Saving for Grants made of their own Lands to Persons born beyond the Seas and of English Parentage 14 A Saving for All-Souls-College 15 A Saving for Cities and Burroughs who by the King's Charter were to be exempt from the Jurisdiction of the Lord High Admiral or Warden of the Cinque Ports 16 A Saving for Bodies Corporate c. who by Charter had Priviledge granted of Murage These were all the Reservations the House of Commons thought necessary in this Act. Then follows And that it like youre most High and Habundant Grace tenderly to consider these Premises and thereuppon by youre high and grete Wisdome and by the Advyse of the Lords Spirituels and Temporels in this your present Parlement Assembled to ordeine provide and establish sufficiaunt Possessions of the Premises so resumed for the contentyng and Paiment of the Expences and Charges of youre Houshold and all youre other ordinarie Charges And to Apply and Appoint the Possessions Profites Revenues and Commodities of youre Towne of Caleys and of Guisues and of the Marches there hooly to be taken and received by youre Tresorer of Caleys for the tyme beying he to apply theim to the Payments of the Souldeours there and the repaire of the Gettes and other necessary reparations there behowfull And the seid Tresorer thereof to you in youre Eschequer duely to accompt And all the Possessions aforesaid soo severally provided for to abide and endure to you youre Heires and Successours in perpetuitie to the same end and effecte and noon other with such peines and Punishments to be sette thereupon by youre wise discretions that noone of youre Leiges in tyme to come attempt the contrarie thereof or accept any parcell of hem so ordeined for the seid Provisions so that the seid Ordeinaunce soo made be sent and declared to us youre seid Beseechers during this your seid Parlement to the ende and effecte we to yeve thereto our assent so that it can be thought to us for youre Honour profite and welfare of us all so to doo that it be authorised in this youre high
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 Privâ—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 sâ—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
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
to this youre high Courte of Parlement by youre Autorite Roiall in the moost lowly wise to us possible beseechen youre most Noblaye graciously and tenderly to considre the grete Benefites that shuld growe unto you and to this your Roialme by the Meane of this Resumption That it please therefore your moost habundat Grace that the seid Resumption may take good and effectual Conclusion whereof we youre seid humble liege People undre the Favoure of youre high and moost noble Grace may have knowlech during this seid Parlement for youre singular We le and special Comfort and Consolation of us and all thoo that we come fore Resp As for answere of the Petition and request of Resumption made to the Kyng by the Commons of this his present Parlement assembled His Highness wol that they know That by thadvyse and assent of the Lordes Spirituell and Temporel beyng in the same Parlement and by the thauctorite of the same Parlement His Excellence is agreed to resume and resumyth into his Hands and Possession all Honoures Castels Lordshipps Towns Townshipps Maners Londes Tenementes Wastes Rentes Reversions Fees Fee-fermes and Services with all they re Appurtenances in the which he had Estate in Fee in England Wales and in the Marches thereof Irlond Guysnes Calais and in the Marches thereof the which his Highness hath graunted by his Lettres Patentes or otherwyse syth the first Day of his Reigne And all the Honoures Castels Lordshipps Townes Towneshipps Maners Londes Tenements Wastes Rents Reversions Fees Fee-ferms and Services with all their Appurtenances the which were of the Dutchie of Lancastre and pass'd from his Highnesse by his Graunt or Graunts And he to have all the Premisses in and of like Estate as his Excellence had theyme at the tyme of such Grantes made by hym of theym And that all Lettres Patentes or Grauntes by his Highnesse or by any other Persone or Persones at his request or desire made to any person or persons of the premisses or of any of theym in that that is of any of the premisses be voide and of noo force And over that that all manere of Grauntes of Rentes Charges or Annuities made by the Kyng's Highnesse of Estate of Enheritance or for Term of Life or Term of Yeris or at the Wille to any persone or persons to be taken of any of these Premisses or of any other of his Possessions or of his Custumes or Subsidies or Awnage or of his Hamper or at or in his receite or in otherwise or in any other place or in any of theym or of the profites comyng of theym or any of theym within this his Roialme Irlond Wales Guysnes Caleys and Marches of the same be void and of non éffecte And that all Manner of Grauntes made by His Highnesse to any Persone or Persones of Estate of Inheritaunce terme of Life or terme of Yeris or at his Wille of any Herbage or Pannage Fishing Pasture or Comyn of Pasture Wareyn Wode Wyne Clothyng Furres to non Office longyng nor perteynyng the seid first Day of his Reigne nor afore not yeldyng to his Highnesse the verray Value therof nor doyng any Charge to His Highnesse therof to the Value therof be voide and of non Effecte And that all Lettres Patentes by His Highnesse made in or of any of the Premisses to any Persone of the which any Recovere hath been hadde ayenst the seid Patentes or any other by Covyne or Collusion that as well the Recoverer therof as the Letters Patentes be voide and of non Effecte And over that that all the Graunts or Relesses made by His Highness syth the first Day of his Reigne to any Abbot Priour Covent or to any other Persone or Persones of Discharge or quiet Clayme of any Corrodies or Corrodie Pensions or Pension Dismes Spirituels or Quinzismes or Dismes Temporels or of Discharge or quiet Clayme of any Rents of Fee or Services of Fee be voide and of non Effecte And over that it liketh his Highness to take resume and seise in his said Handes and Possession all manner Libertees Privileges Fraunchises Hundredes Wapentakes Letes Rapes viewe of Fraunkplege Shirrif Towrnes Shirrif Gildes Fines Amerciaments Issues and Profites of the same by his Highnesse graunted sith the first Day of his Reigne to any Persone or Persones or Abbot Priour Dean Chapitre Maistre or Wardeyn of College Fraternitee Crafte or Gilde and all Manner such Grauntes to be voide and of non Effect Except such Libertees Privileges Fraunchises Hundreds Wapentakes Letes Rapes view of Fraunkplege Shirrif Towrnes Shirrif Gildes Fines Amerciaments Issues and Profites of the same and all other Libertees Privileges Fraunchises and Immunitiees that his Highnesse hath graunted to the Provostes and Scolers of his Collage Roial of our Lady and St. Nicholas of Cambrig or to the Provoste and Collage Roial our Lady of Eaton and to they re Successoures This Acte and Petition of Resumption to begynne and take Effecte atte the feste of Thannunciacion of oure Lady in the Yere of his Reigne XXIX And that all maner of Grauntes by his Highnesse made of any of the seid Honours Castels Lordshipps Townes Townshipps Manoires Londes Tenementes Wastes Rentes Reversions Fees Feefermes and Services with all theire Appurtenaunces or any discharge or quiet Claime as it is above reherced duryng this present Parlement be from the seid Fest of our Lady voide and of non Effect And as to the Provisions and and Exceptions conteigned in the seid Petition of Resumption his Highness theym accepteth and the same agreeth forth with other Provisions and Exceptions by hym by thadvise of the seid Lordes Spirituels and Temporels beyng in this seide Parlement put in writyng as the Tenours of theym hereafter folowen The Moderations or Savings put in Writing as afore are in Number Forty Two and are much of the same Nature as those in the Act of the 28th of the same King only there is here a more express Saving for those who had bona fide purchas'd of the Crown for a Valuable Consideration And there is a general Saving for Offices and the accustomed Fees thereunto belonging And as to the Remanent conteyned in the feid Petition of Resumption not specified in this his Answer Le Roy Savisera Note That here the Lands of Ireland are resumed But as to the Fees belonging to Offices the Point was farther clear'd in an Act of the 31st Hen. VI. Chap. 7. which is in the printed Statutes Anno 33. Hen. VI. there pass'd another Act of Resumption Rot. Parl. 33 H. 6. No 47. Prayen the Commons in this present Parlement assembled that where the Victorious Prince of most noble Memorie your Fader whom God rest and other your noble Progenitours maintain'd as worshipfull noble and honourable estate of their Household in this Lond of the Revenues thereof as hath oney King or Prince in oney Lond Christenned to the Ease and rest of the People of the same without agrugyng for lak of Paiment therefore such as
And also all Grauntes to be made of old Offices which were Offices the first day of youre Reigne to the which belongeth and needeth actuel Exercise and Fees and Wages the same first day to the same Offices perteynyng or belongyng except out of the seid Peynes And that no such persone to whome oney Lesse or Lesses Graunte or Grauntes shall be made after the seid Fest for terme of Yeris or atte Wille of oney Thyng parcelle of the Duchie of Lancastre Erldome of Chestre Principalete of Wales Caleys and Guysnes and the Marches therof or of oney thyng to theym or oney of theym belongyng or appërteynyng be not hurt nor endamaggd by the penalty of this seid Acte Then follow Two Savings one for the Prince of Wales and another for Richard Duke of York as to some Patents they had Resp As touchyng this Petition of Resumption the Kyng hath well conceived and understood the Maters Articles and Desyres conteyned in the same Petition wherfore the Kyng by thadvyse and assent of the Lords Spirituel and Temporell beyng in this present Parlement and by Auctorite of the same taketh and resumeth into his Hands all manner thyngs conteyned in the seid petition and the same agreeth and accepteth the Penalte in seid petition except and leid apart alweye his Prerogative reserved forseyn alweye that suche provisions and Exceptions as been by his Highnesse by thadvyse of the seid Lordes Spirituel and Temporel made and agreed or to be agreed and in this same Parliament put in Wrytyng upon the premisses be good and effectuel the seid Acte notwithstanding for the Egalte and Reason that the Kyng ought to do to his people the which shall be to the pleaser of Godde the Honour and the We le of his Lond and People Then follow a great Number of Savings and Provisions all of 'em much of the same Nature with those in the former Acts and none of 'em seem such as could any wise defeate the Designe of the Parliament which was that all immoderate Grants should be actually resumed But some may object that Henry the Sixth under whose Reign these Three Resumptions were made was a weak Prince unfortunate Abroad engag'd in Factions at Home and kept under by the Power of the House of York whereunto we answer That it was the Interest of Great Men rather to oppose such an Act for they were most like to suffer by it therefore it s Passing was not the Effect of Faction but indeed it was carry'd on by the Weight of the People But these Objections will be more fully answer'd when we show that the same Thing was done by a Prince who had master'd all Parties and under an Active and Martial Reign which was that of Edw. IV. his Successor where the Presidents for a Resumption are four times confirmed As soon as Edward the Fourth came to the Crown one of the first Things desired by his Subjects was an Act of Resumption Rot. Parl. 1 Edw. 4. N o 11. And over that that our seid Sovereign Leige Lord King Edward IV. the Fourth Day of Marche was lawfully seised and possessed of the seid Corone of Englond in his Right and Title and from thenceforth have to hym and hys Heires Kynges of Englond all such Mannours Castels Lordshippes Honours Londs Tenements Rentes Services Fees Feefermes Rentes Knyghts Fees Advowsons Gyftes of Offices to geve at his pleasure Fairs Markets Issues Fines and Amerciaments Libertees Franchises Prerogatives Escheates Custumes Reversions Remainders and all other Hereditaments with theyr Appurtenances whatsoever be they in Englond Wales and Irelond and in Cales and the Marches thereof as Kyng Richard the 2 d. had on the Fest of Seint Matthew the Apostle the 23th Yere of his Reigne in the Right and Title of the seid Corone of Englond and Lordshippe of Irelond Resp The Kynge by thadvyse and Assent of the Lords Spirituel and Temporel in this present Parlement assembled at the Request of the Comyns beyng in the same agreeth and assenteth to this Petition and it accepteth with certain Moderations Provisions and Exceptions by his Highnesse thereupon made and in certain Cedules written and in the same Parlement delivered the tenor of which follows Then follow the Exceptions or Savings to particular Interests which are in Number 85. But this Resumption looking so far backwards as the Reigns of Henry the Sixth Henry the Fifth and Henry the Fourth was too large to have any good Effect And as to its having been impracticable and not well concerted we have this Argument that a new Act better digested and which did not retrospect so far was thought necessary Anno 3. 4. of the same Reign Anno 3 4. Edw. 4 ti There pass'd another Act of Resumption 3 4 Ed. 4 Rot. Parl. N o 39. At which day and place for divers Causes and Considerations conteynyng the Honour and Prosperite of the Kyng our Soverayne Lord and also the Commonwele defence and welfare of this Reame and of his Subgetes of the same hit is ordeyned and enacted and stablished by thadvyse and assent of the Lords Spirituels and Temporels and of the Comyns in this present Parlement assembled and by Auctorite of the same That the Kyng froâ— the Fest of the Purification of oure Lady the Yere of our Lord 1464 have take seize hold and joye all the Honours Castells Lordshipps Towns Townshipps Manours Londes Tenementes Wastes Forestes Chases Rentes Annuities Reversions Fermes Services Issues Profites and Commodites of Shires which he had the 4th day Marche or eny tyme after afore the seid Fest by reason of his Duchie of Laâ—castre or by the Forfeitur of Henry the 6 th late in dede and not in right Kyng of Englond in Englond Irelond Wales and Marches thereof Guysnes and Caleys and Marches thereof and pass'd from hym the seid 4th day of Marche or eny tyme after and afore the seid Fest by his Letters Patentes to eny Persone or persones in Fees Fee-simple Fee-taille terme of Lyfe or terme of Yeres And that the Kyng have and Injoy every of the Premisses in like Estate and Condition as he had theym the seid 4th day of Marche or after And also that all Yefts Grauntes and Relesses made by the Kyng the seid 4th day of Marche or eny tyme after afore the seid Fest to eny Persone or Persones of eny of the Premisses in Fee-simple Fee-taille terme of Lyfe or terme of Yeres under eny of his Seales be from the seid Fest of Purification void and of noo force nor effecte Ibid. N. 40 And also that all Yeftes Grauntes Ratifications Relesses and Confirmations made by the Kyng the seid 4th day of March or eny tyme after and afore the seid Fest to eny Persone or Persones of any Possessions Right Title or Interesse of his Duchie of Yorke or Erldome of Marche or eny part of them or of eny Pension Rent Annuite to be had taken perceyved or levyed of or in the same Duchie and Erldome or
eny of theym or eny parcell of theym be from the seid Fest void and of noo force nor effecte And that this Act extende not to eny Honours Castells Lordshipps Manours Londes Tenementes Rentes Services Possessions or Enheritaments which came to the Hands or Possession of our seid Soveraine Lord Kyng Edward the 4 th or apperteyned or belonged to hym or that he shuld have had the seid 4th day of Marche or eny tyme after by the forfeiture of eny Persone in the Parlement hold at Weâ—â—minster the 4th day of November the seid first Yere attainted or by force of an Act of Forfeiture therin made other than by the Forfeiture of Margarete late called Queen of Englond And also that this Act extend not to any Graunte or Grauntes afore this tyme made to eny Lord not attainted of eny Annuite for the Sustentation of his Name and Estate nor to noon Office or Offices which were Office or Offices the seid 4th day of Marche or afore and needeth actuel Exercise graunted the seid 4th day of Marche or after to eny Persone or Persones for terme of his Lyfe or they re Lyfes with Fees Wages and Profites to the same Office or Offices afore the seid 4th day of Marche due and accustumed And also that all Yefts made by the Kyng the seid 4th day of Marche or eny tyme after under eny of his Seales to eny Persone or Persones of eny Office wheruppon noo charge hangeth nor nedeth to be of actuel Exercise or Occupation be from the seid Fest voide and of noo force nor effecte Also that all Grauntes made by the Kyng the seid 4th day of Marche or eny tyme after to eny Persone or Persones of eny Office or Offices with Fees and Wages then not due and accustumed nor apperteynyng to the same Office or Offices the seid 4th day of Marche be from the seid Fest as to the seid Fees and Wages not due and accustomed void and of noo force and effecte This Acte to be had and take with such Exceptions and Provisions as shall please the Kyng to make Then follow Three Savings made by the House of Commons 1 st For Sums issued to the Payment of the King 's own Debts 2. For Corporations Cities and Boroughs c. as to any Gift Grant Demise Lease Release Jurisdiction Authority Confirmation Ratification Licence Pardon c. granted by the Kings Henry the 4 th 5 th and 6 th 3. For Grants or Licenses given by the said Kings to any Person to found or make Fraternities Gyldes Hospitals c. or to purchase Lands for those Uses Then follow a prodigious Number 〈◊〉 Savings and Exceptions and so many as indeed seem intirely to defeat thâ— Design and Intention of the Act which in the 7th of the same Reign produc'd another Resumption This Heroick Prince who himselâ— had fought so many Battles and whâ— by his Courage from a private Person got to be King of England invites hiâ— People from the Throne to resume whaâ— had been plunder'd from the Crown iâ— the Words following 7 Edw. 4. Rot. Parl. N. 7. John Say and ye Sirs comyn to this my Court of Parlement for the Comon of this my Lond The Cause why Y have called and summoned this my present Parlement is Y purpose to to lyve upon my nowne and not to charge my Subgetts but in grete and urgent Causes concerning more tho we le of theymself and also the defence of theym and of this my Reame rather then my nowne pleaser as heretofore by Comons of this Lond hath been doon and born unto my Progenitours in tyme of nede wherein Y trust that ye Sirs and all the Comons of this my Lond wol be as tender and kind unto me in such Cases as heretofore eney Comons have been to eney of my seid Progenitours And for the good Wills kindnesse and true herts that ye have born continued and showed unto me at all tymes heretofore Y thank ye as hertily as Y can as so Y trust ye wol contenue in tyme comyng for the which by the Grace of God Y shall be to you as good and gracious Kyng and reigne as reight wisely upon you as ever did eney of my Progenitours upon Comons of this my Reame in days paste and shall also in tyme of nede aply my Person for the We le and defence of you and of this Reame not sparyng my Body nor Lyfe for eny jeopardie that mought happen to the same Ibid. N. 8. Memorandum Quod quedam Cedula formam cujusdem Actus Resumptionis in sâ— continentis exhibita fuit in presenti Parliâ—mento in haec Verba For divers Causes and Considerations concerning the Honour State and Prosperite of the Kyng and also of the Commonwele defence surete and welfare of this Reame and his Subgettes of the same it is ordeyned enacted and established by thadvyse and Assent of the Lords Spirituells and Temporells and Comons in this present Parlement assembled and by Auctorite of the same That the Kyng from the Fest of Ester last past have take seize hold and joy all Honours Castells Lordshipps Townes Towneshipps Manors Londes Tenementes Wastes Forestes Chaces Rentes Annuities Fermes Fee-fermes Reversions Services Issues Profites Commoditees which he was seised and possessed of the 4th day of Marche the first Yere of his Reigne or eny tyme after by resone of the Coroune of Englond the Duchie of Cornwaille Principalite of Wales and Erldom of Chestre or eny of theym in Englond Irlond Wales and Marches thereof or that apperteyned or belonged to hym the same fowerth day or eny tyme sin as paroell of his Duchie of Lancastre or by the forfaiture of Henry the Sixt late in dede and not in Right Kyng of Englond or eny Person atteynted sin the seid 4th day of Marche by auctorite of eny Parlement holden sin the seid 4th day or otherwyse attaynted by the course of the Comon Lawe of this Lond and passed from the Kyng under eny of his Seales to eny Persone or Persones in Fee-simple or Fee-taille terme of Lyfe or terme of Yeres and that the Kyng fro the seid Fest of Ester have hold and joye every of the Premisses in lyke estate as he had theym the seid fowrthe day of Marche or eny tyme after Also that all Yeftes Grauntes Ratifications Releses Leses Demyses and Confirmations made by the Kyng the seyd 4th day of Marche or eny tyme sin to eny Persone or Persones of eny of the Premisses in Fee-simple or Fee-taille terme of Lyfe or terme of Yeres under eny of his Seales be from the seid Fest of Ester void and of noo force nor effecte And furthermore it is ordeyned by the seid Advyse Assent and Auctorite That the Kyng from the seid Fest of Ester have take seise hold and joy all Honours Castells Lordshipps Townes Towneshipps Manours Londes Tenâ—mentes Rentes Services Possessions Enheritaments Issues profites and Comoditees which the full noble and famous Prynce Richard veray true and
rightwyse Enheritour to the Reames of Englond and France and Lordshipp of Irelond Fader to the Kyng was seised of to his owne Use and Behoofe the 30th Day of December the 39th Yere of the pretended Reigne of the seid Henry the Sixt. And that the Kyng from the seid Fest of Ester have hold and joy all the seid Honours Castells Lordshipps Townes Towneshipps Manours Londs Tenementes Rentes Services Possessions Enheritaments Issues Profites and Commoditees in like Estate as his seid Fader had theym the seid 30th of December And that all Yefts Grauntes Ratifications Releses Leses Demyses and Confirmations made by the Kyng sin the same 30th Day to eny persone or persones under eny of his Seales of eny of the same Possessions Issues Profites or Comoditees or of eny Lordshippes Manors Londes Tenementes Possessions or Enheritaments wherof eny persone or persones were seised the same 30th Day to the Use and Behoof of his seid Fader or of eny Right Title or Intres of or in eny part of the same or of or in eny of the Premisses which his seid Fader was seised of the seid 30th Day or of eny Pension Rent Anuuitee to be had taken perceyved or levyed of or in eny part therof or of or in eny part whereof eny persone or persones were seised to the Use and Behoof of his seid Fader the seid 30th Day be from the seid Fest of Ester voide and of noo Force nor Effecte And also by the seid Advyse Assent and Auctorite it is ordeyned and stablished That such lawfull Right Title Clayme and Interest be saved and had to every persone and persones of every theyr Heires other than the seid persones atteynted and theyr Heires claymyng in by theym or eny of theym as he or they not atteynted might or shuld have had in eny of the Premisses yf this Acte had not been made otherwyse then by the Kyngs Graunte or eny of his Leâ—tres Patentes or Assignment And furthermore it is odeyned by the seid Advyse Assent and Auctorite That all Yefts made by the Kyng the seid 4th Day of Marche or eny Tyme sin to eny persone or persones of eny Office in Englond Irlond Wales or Marches therof wherupon no Charge hangeth nor nedeth to be of actuel Exercise or Occupation be from the seid Fest of Ester voide and of noo Force nor Effecte Also That all Grauntes made by the Kyng the seid 4th Day of Marche or eny tyme sin to eny persone or persones of eny Office or Offices in Englond Irlond Wales or Marches therof Guysnes Caleys or Marches therof with Fees Wages Profites or Commodities not used and accustomed to the same Office or Offices afore the same 4th Day of Marche be from the seid Fest of Ester as to the seid Fees Wages Profites and Commoditees and every of theym so not used and accustomed voide and of noo Force nor Effecte Also That every Graunte made by the Kyng the seid 4th Day of March or eny time since to eny persone for terme of his Life of the Office of Sarjeant of Armes be from the seid Fest of Ester of noon other Force and Effecte than onely at the Kyngs Will and Pleaser Then follow several Savings much of the like Nature as those in the former Acts as also some Regulations relating to the King's Tenants not material to our present Subject Quae quidem cedula transportata fuit Communibus Regni Angliae in dicto Parliamento existent Cui iidem Communes Assensum suum prebuerunt sub hiis Verbis A toutez lez Actez Provisions desuis Escriptez les Comunes sont assentuz Quibus quidem cedula assensu in Parliamento predicto lectis auditis plenius intellectis de avisamento assensu autoritate predict respondebat eidem in forma sequen Resp Le Roy le voet ovesq lez Provisions Exceptions sur ceo pur luy faitz les tenours de queux cy apres ensuent That is the King consents to the Bill with the ensuing Provisions and Exceptions Then follow a great Number of Savings and Provisions most of 'em for private Persons and much of the same Natures as those of the former Acts. 7 Edw. 4. Rot. Parl. N. 15. And at the closing of the Sessions the King thanks the H. of Commons by the Mouth of the Bishop of Bath and Wells his then Chancellour for this Resumption * Pro suis Laboribus circa dictam Resumptionem ostensis Idem Dominus Rex omnia singula per ipsos Communes declarata desiderata profunde conceperat Anno 13. Edw. 4. There pass'd another Act of Resumption for that either the former had been so ill executed or that the Exceptions had been so many as to frustrate the good Intentions of the House of Commons 13 Edw. 4. Rot. Parl. N. 6. For divers Causes and Considerations concernyng the Honour Estate and Prosperite of the Kyng and also the common We le Defence Surete and Welfare of this Reame and Subgettes of the same It is ordeyned enacted and stablished by Thadvyse and Assent of the Lordes Spirituells and Temporells and by the Commons in this present Parlement assembled and by the Auctorite of the same That the Kyng from the Fest of the Seynt Thomas thappostill that shall be in the Yere of our Lord God One Thousand Fowre Hundred Seventy and Three shall have take seise hold possesse and enjoye all Honours Castelles Lordshipps Manors Londes Tenementes Rentes and Annuitees which he was seised and possessed of in the 4th Day of March the first Yere of his Reign or eny time after by reason of the Corone of Englond in Englond Irlond Wales or Marches therof Guysnes Caleys or Marches therof and also that apperteyned or belonged to him the same 4th Day of Marche or eny tyme sith as parcelle of hys Duchie of Lancastre or by forfaiture of Henry the Sixt late in Dede and not in Right Kyng of Englond And of eny persone atteynted sith the seid 4th Day of Marche by Auctorite of eny Parlement holden sith the same 4th Day of Marche or otherwyse atteynted by the Cours of the Common Lawe of this Lond and passed fro the Kyng undre eny of his Seales to eny persone or persones in Fee-simple or Fee-taille for terme of Lyfe or terme of Yeres or otherwyse by the Kyngs Graunte under his Seales and that the Kyng from the seid Fest of St. Thomas have hold possede and enjoye eny of the Premisses in and of like Estate and Condition as he had theym in the seid 4th Day of Marche or eny tyme after And furthermore It is ordeyned by the seid Advyse Assent and Auctorite That the Kyng from the seid Fest of Seynt Thomas have take seise hold and enjoye all Honours Castells Lordshipps Manoirs Londes Tenements Rentes and Annuitees which the full noble and famous Prynce Richard veray true and rightwyse Enheritour to the Reames of Englond and France and Lordshippe of Irlond Fader to the Kyng was seised of
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
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-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 oâ— 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
IV. They pray to have leave to quit their Employments a Modesty and Self-Denyal not very common in this Age and that their Accompts might be pass'd upon which the House of Commons directed Persons to audit and state the said Accompts The Record is very curious we shall therefore give it in Words at length * Rot. Parl. 7 8 Hen. 4. Nu. 44. Item mesme le Jour le dit Mr. John Tibetot then Speaker monstra de par les ditz Communes coment au Parlement nadgaires tenuz a Coventre Thomas sire de Furnival Mr. John Pelham furent assignez Tresorers pur les Guerres Come pierd de Record en Rolle de Parlement puis qel Temps les ditz Tresorers ont desirez molt diligeamment pursâ—is as diverses foits a nostre Seigneur le Roy as toutes les Estates de ceste present Parlement de estre deschargez de lour dit Office auxint ont suppliez as dits Communes qe leur pleust de faire instance request pur mesme les Tresorers a mesme nostre Seigneur le Roy as touts les Estates suisdits pur eux finalement outrement deschargier de lour dit Office Sur quoy pria le dit Mr. John Tibetot en nom des dits Comunez a mesme nostre Seigneur le Roy qe les dits Tresorers soient outrement finalement deschargiez de lour dit Office Et qe leurs Heirs Executours ne Terre Tenants ne soient aucunement en temps avenir grievez molestez enquietez ou pur le exercice de ycelle qe cestes prier reqest soient endrez de Record en Rolle de Parlement Qeux prier reqest nostre dit Seigneur le Roy graceousement ottroia purtant qil ad pleu a nostre dit Seigneur le Roy qe les dits Tresorers soint deschargiez de lour dit Office de assigner certains Auditours cest assavoir le Seignour de Roos le chief Baron de le Escheqer qil est la volonte du Roy a ceo qe les dits Comunez ont entenduz qe mesmes les comunez deussent nomer autres Auditours doier terminer les Accompts des dits Tresorrers du temps passe Mesme yceux Comunes ont nomez certains Persones comprises en une cedule delivre per les dits Comunes en Parlement tielx come leur semble necessaires en ceo cas pur le poure estat de les Comunes dessuis dits Cestassavoir Mr. Hugh Lutherel Mr. Richard Redeman Lawrance Drewe Thomas Shelrey David Holbeche William Staundon Cinq Qatre Trois ou Deux de Eux Furnivale and Sir John Pelham for so he is call'd afterwards were as the * Rot. ibid Num. 63. Record says Ordeignez Tresoreres de les Guerres or what we call Paymasters of the Army and press'd the Parliament to take their Accompts An Example which we hope all their Successors in that Employment will desire to follow The Powers likewise which the Parliament gave to these Commissioners are fit to be observ'd Qe pleise a vostre tres gracieuse Seignourie de ordeigner qe les dits Auditours ensi nomez soint Auditours de Record eiants plein poair authoritie du Parlement de Oier Terminer le dit Accompte de faire Allowance as avant dits Tresorers si bien de les Paiments delivrances par eux faits per vertue authorite des vos Lettres Mandements dessous vostre Seale a eux directs pur les causes suisdits sur les Dependantz dycelle Come de les Paiments Delivrances per mesmes leâ— Tresorers per Authorite de lour dit Office faits pur semblable Causes les Dependants dycelle That is Power was given not only to inspect but finally to conclude the said Accompt To which the King assented And it seems our Ancestors thought such a Commission necessary to hinder the Publick Mony from being embeâ—zel'd 5. Parliaments have preserv'd the King's Revenue by inquiring into the Cause why some Branches yielded nothing as in Edw. 3d's Reign it was ask'd Why Ireland was rather a Burtheâ— than a Profit to the Crown The Commons desiring if the Fault lay in the Ministers that they may be remov'd * Rot. Parl. 21 Edw. 3. Num. 41. Item pleise a nostre Seignour le Roy fairâ— enqerer per bons Gents la Cause purqoi il 〈◊〉 prent profit de ce qil ad in Irland come toâ—â— ses Ancestres avoint Aide de luy de lâ— Comune pur meyntenir sa guerre depuis qiâ— ad plus en Irland qe uulle de ses Ancestres navoint si defaute soit trove en ses Ministres laundreit qe autrez y soient ordeignez en lour lieu tieux qi voudreut respondrâ— aâ— Roy du Profit qil averoit dilloqes de reson Resp Il plest a nostre Seignour le Roy qe ensi soit These were some of the Methods by which the House of Commons endeavour'd to preserve the Crown-Revenue from the greedy Hands of those who were always desiring therewith to inrich themselves But the Kings greatest Safety lay in the very Constitution of the Exchequer which if bad Ministers had not broken into our former Princes could not have been robb'd so much to the Impoverishment of the People The Constitution of the Exchequer we may rather call it the Constitution of the Kingdom has contriv'd to put a great many Letts and Obstructions in the way of designing Favourites and rapacious Followers of the Court and that no Grant should pass from the King but upon strict Inquiry and after mature Deliberation In order to which the State thought it necessary to be at the Expence of several Great Officers who should be as so many Centinels continually watching that the King may not be surprized nor defrauded Regularly and according to the Laws of the Land Grants from the Crown ought to make the following Steps The Petition is first made to the King in which as we have noted before the Petitioner ought to incert the true and express Value of the Thing demanded The King refers this Petition to the Treasurer of the Exchequer now call'd Lord High Treasurer of England whose first Step is to have a Particular of the Thing petition'd for from the Auditor if it lies before him or from the King's Remembrancer if it lies before him This Care is taken that the State may not be deceiv'd in the value of the Thing The Petition is first referr'd to this High Officer because the Law presumes that the whole State and Condition of the Revenue lies before him that he knows what Debts and Engagements the King has upon him and whither the Expences of his Wars and the other necessary Charges of his Government are not such as for the Peoples Ease and by the Rules of Justice ought for the present to restrain his Bounty If the Thing to be granted be of great
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
voie sy avaut come vous le poez destourber et sy vous ne poez destourber vous le ferez savoir clerement et expressement au Roy ensemblablement ove vostre loyal avis et Conseil et qe vous ferez et purchasarez le profit le Roy par tout ou vous le purrez faire resonablement Si dieu vous eide et les Seints Evangieles Prient qe ce lu et bien entendu et considerez les Circonstances de son dit responce sy bien Cest assavoir de ce qe nad pas dedit qe il ne receut du don le Roy puis qil estoit fait Conte estant en l office de Chanceller diverses Terres et Tenements come contenu est en le Empechement come qil ad conus ouvertement qil recent du Roy autres Terres et Tenements qe sont certeins et seures a la value de qatre Cents Marcs per an en Exchange de qatre Cents Marcs annuels qeux il avoit sur la Custume de Kyng ston sur Hull qe sont casuels et nemy sy seures nient enformant le Roy clerement de son damage celle partie et coment qil ad dit qil receut parties desdites Terres et Tenements issint pris en change devant qil estoit Chanceller les Communes dient qil estoit lors du Prive Conseil du Roy et a ce jurez et puis en la Creation del Office de Chanceller astrict de Nouel per serement et il en cel Office Agreant as Exchanges par luy devant suppliez prist et receust du Roy le remenant desdites Terres et Tenements en plein perfourmessement des Exchanges susdits et demandent Judgement du Parlement surtout son responce des susdits So that for the Insufficiency of his Answer the following Judgment was given Rot. ibid. Num. 13. Et purce qe le dit Conte ne allegea point â—n son Responce qil observe le effecte de son ferement en ce qil jurrast qe il ne saveroit ni ne suffreroit le damage ne la desheritison du Roy ne qe les droitures de la Corone fussent destruits par uulle voie sy evant come il les poiast destourber et si il ne les poet destourber il le feroit savoir derement expressement au Roy ensemblablement ove son loyal avise Counseil qil feroit purchasseroit le Profit le Roy per tout ou il le pourroit fair resonablement Et il tant come il estoit ainsy principal Officer du Roy Sachant le Estat necessite du Roy du Royalme prist du Roy tiels Terres Tenements come est suppose par le Empechment a luy en le dit premier Article surmis coment qil alleged en son responce qe les dons a luy issint faits furent confirmez par plein Parlement il ny a nul tiel record en Roulle de Parlement Purquoy Agardez est qe tous les Manoirs Terres Tenements Rents Services Feos Avoesons Reversions Profites ove lour Appurtenances per luy issint receus du Roy soient Reseisez reprises en les Mains du Roy a avoir tenir a nostre dit seigneur le Roy et ses Hoirs sy pleinement enheritablement come il les avoit tenoit devant le don eint fait al dit Conte et qe toutz les Issues et Profits ent receus ou leves al Oeps du dit Conte en le mesme temps soient levez al Oeps nostre Seignour le Roy des Terres et Chastelx du dit Conte illoques et aillours Mes ne est pas le Intention du Roy ne des Seignours qe celle Jugement sestende de luy faire perdre le nom et le Title de Conte ne les vingt livres Annuelx quex le Roy luy grana prendre des issues du Conte de Suffolk pur le Nom et Title avantdits Et outre purceqe le dit Conte nadpas dedit qil nestoit du prive Conseil du Roy et a luy jure quand il demanda primes du Roy la dit Exchange estre faite et ad conu qe devant les dites Exchanges perfourmes il fut fait Chanceller en qel Office il fust astrict per son serement faite en la forme avant dite So that it appears plainly from this Record That King Lords and Commons took it to be a Crime in the Lord Chancellor and against his Oath to take Lands in Gift or in Exchange from the King for upon the Chancellors Oath the Judgment was grounded it being in those Days thought and understood that he who was sworn to purchase the King's Profit should not inrich himself with the Revenues of the Crown and as the Record says that he chiefly ought not to do so who was le Principal Officer and who knew the State and Necessities both of King and Kingdom And it was a very odd Circumstance of those times that the Legislature should be necessitated to relieve the King against Frauds committed by the Principal Judge in Equity and by the Keeper of his Conscience Anno 11. Rich. II. The Legislative Authority was not satisfied with what had been done the Year before against this Chancellor but it was thought fit to proceed farther against Him and other bad Ministers who had attempted to overthrow the Constitution of this Kingdom The Duke of Glocester Uncle to the King and Constable of England the Earl of Darby the Earl of Arundel the Earl of Warwick and Thomas Earl Marshal accus'd Michael de la Pool and others of High Treason the Term then us'd was they Appeal'd 'em of Treason * Rot. Parl. 11 Rich. 2. p. 2. m. 7. Thomas Duc de Glocester Conestable d Engleterre Henry Conte de Derby Richard Conte de Arundel de Surry Thomas Conte de Warwick Thomas Conte Mareschal Appellons Alesandre Ercevesque Deverwik Robert de Verr Duc d Irland Michael de la Pool Conte de Suffolk Robert Treselian faux Justice Nicholas Brembre faux Chivalier de Londres de Hautes Trahisons par eux faits encâ—ntre nostre Seignour le Roy son Royalme Come Traitours Ennemies du Royalme Qeux Appel Trahison sont declarez Appointex Specesiez pleinement sy come est contenu en diverses Articles desous Escripts Et Priont qe les dits Appelles soient demandez et qe droit et Justice ent soit fait en cest present Parlement Then these Lords exhibited against Michael de la Pool and the rest 39 Articles of High Treason In the 5th 6th and 7th Articles they are accus'd for having procur'd to themselves and others and to their Kindred Grants of the Crown-Lands in England and Ireland besides Gifts of Mony to the Value of above One Hundred Thousand Marks by which the
Kingdom came to be loaded with Taxes and Impositions 5 Art Item per le dit Acrochement les avantdits Robert de Verr Duc d Irland Michael de la Pool Conte de Suffolk per assent Conseil du dit Alesandre Ercevesqe Deverwik ont fait qe nostre Seignour le Roy sans Assent du Royalme ou desert de eux lour a done per lours abettements diverses Seignouries Chastelx Villes Manoirs si bâ—en anexes a sa Corone come autres sy come la Terre de Irland de Okeham ove les Forests dicelle autres Terres qe furent al Seignour d Audeley autres Grants Terres au dit Robert Verr Duc d Irland as autres diversement peront ils sont grandement Enriches le Roy est devenu pouvre ne ad dont iâ— se pourra soutenir porter les Charges du Royaliâ—â—â— sinon per Impositions Taxes ou Tributs â—ettre prendre sur son People en dâ—shiritison de sa Corone en defeasance de son Royalme 6 Art Item par le dit Acrochement les avandits Alexandre Ercevesqe Dewerwik Robert de Verr Duc d Irland Michael de la Pool Cont de Suffolk et per assent et counseil desdits Robert Tresilian faux Justice Nicholas Brembe Chevalier de Londres ont fait qe nostre Seignour le Roy a donne divers Manoirs Terres et Tenements Rents Offices Ballies as diverses autres Persones de lour Affinite et as autres diverses Persones des qeux ils ont pris grands dons pur Brocage pur yâ—elle cause et auxi pur Cause a tenir avec eux en lour faux qerelles et purposes en defeasance du Roy et de son Royalme sy come est de Sir Robert Manseil Clerk Johan Blake Thomas Usqe et autres diversement 7 Art Item Robert de Verr Duc d Irland Michael de la Pool Cont de Suffolk et Alesandre Ercevesqe Deverwick per assent et counseil de dit Nicholas Brembre faux Chevalier de Londres acrochants a eux royal Poer ont fait qe nostre dit Seignour le Roy lour a â—â—nne tres grands somes dor et d argent sy bien de ses biens et Joiaux propres coâ—e 〈◊〉 biens et Tresor du Royalme sy come des Dismes Quinsismes et autres Taxes grantez as diverses Parlements pur estre exploites en deffence et sauvegarde du Royalme et autrement qelle some amonte cent mille Marcs et plus sy come au dit Robert de Verr Duc d Irland et autres diversement et outre ceo plusioures bones Ordinances et Purposes faits et ordeinez en Parlement sy bien pur les Gurres come en defence du Royalme ont ilz destourbes en grande Arrerisement du Roy et du Royalme The Persons accus'd were sommon'd to answer to the 39 Articles and not appearing the Duke of Gloucester and the other Lords Appellants pray the Non-appearance may be recorded * Rot. Parl. 11 Riâ—â— 2. P. 3. m. 14. Ilz feurent demandez solemnement en le grande sale de Westminster et auxint a la grande porte du Palois de Westminster de venir respondre c. Le Duc et Cont Appellants prient au dit Roy nostre Seignour et aux dits Seignours du Parlement qils violent Recorder le defaulte c. After which the King and the Lords took time to deliberate upon the Matter Then the Judges Serjeants and Civilians were call'd for to deliver their Opinions in Law who said the Appeal was not in the Forms requir'd either by the Common or Civil Law To which the Lord 's answer'd That the High Court of Parliament was not bound up to the Forms and Rules of the Courts below But take the Words of the Record it self * Rot. ibid. A qel temps les Justices et Sergeants et autres Sages de Ley du Royalme et auxint les sages de la Ley Civille furent Chargez de par le Roy nostre dit Seignour de doner loyal Conseil as Seignours du Parlement de deuement proceder en la cause de le susdit Appel les quex Justices Sergeants et Sages de la Ley du Royalme et auxint les dits Sages de la Ley Civille pristont ent deliberation et respondront as dits Seignours du Parlement qils avoient veue et bien entendu la Tenour du dit Appel et disoient qe mesme le Appel ne feust pas fait ne affirme selonc l ordre qe lune Ley ou lautre requiert Surqoy les dits Seignours du Parlement pristront ent deliberation et avisement et per assent du Roy nostre dit Seignour et de lour Commun accord estoit declare qe en si haute crime come est pretendu en cest Appel qe touche la Persone du Roy nostre dit Seignour et l estat de tout son Royalme perpetre per persones qe sont Peers du Royalme ovesqe autres le cause ne sera aillours deduit qe en Parlement ne per autre Ley qe Ley et cours du Parlement et qil appertient as Seigneurs du Parlement et a lour Franchise et Libertee d' auncien Custume du Parlement destres Jugges en tieux case et de tieux case ajugger per assent du Roy et qe ensy sera fait en cest Cas per Agarde du Parlement Purceqe le Royalme d Engleterre ne estoit devant ces heures ne a lentent du Roy nostre dit Seignour et Seignours du Parlement onqe ne sera rule ne governe per la Ley Civille et auxint lour entent uest pas de ruler ou Gouverner si haute cause come cest Appel est qe ne sera aillours trie ne termine qen Parlement come dit est per cours Processe et ordre usee en ascun Court plus bas deinse mesme le Royalme qeux Courts et Places ne sont qe Executors d ancienes Leys et Custumes du Royalme et Ordinances et establissements du Parlement Et fust avis au mesmes les Seignours du Palement per assent du Roy nostre dit Seignour qe cest Appel fuist fait et asirme bien et asses duement et le Processe dicelle bone et effectuell selonc les Leys et Cours du Parlement et per tiel lagarderont et adjugeront Et a mesme jour le Roy nostre dit Seignour et Seignours du Parlement seants en la dite blanche sale en plein Parlement les ditz Appellants prieront qe le Defaute des ditz Ercevesqe Duc Cont et Robert Tresilian Appellees comme devant feuse Recorde After which the Persons accus'd were again summon'd and appear'd not but alledged as we may suppose by their Council for here the Record is silent That they had not sufficient Notice of the Matter contain'd in the Appeal Upon which the Parliament
proceeded to Judgment In which the Judgment was That several of the Articles against the said Persons contain'd High Treason of which the Parliament pronounc'd them Guilty And that they were guilty of the Crimes laid down in these other Articles which were not judg'd to amount to Treason among which were the 5th 6th and 7th Articles But take the Words of the Record Rot. ibid. Surqoy les dits Seignours Temporels per Commandement du Roy nostre dit seignour examineront les Articles contenus en ledit Appel le Couple des dits Ercevesqe Deverwick Duc Cont Robert Tresilian Appellez come devant en celle partie par grand Labour Diligence per continuance de diverses jours tanqe le Judy le 13 Jour dudit mois de fevrier par lour avisement et bone deliberation firent declaration Adgugeront qe le 1 2. le 11. le 15 le 17 Articles contenus en le dit Appel sont Trefon Et qe ce qest contenu en le 22 Article de mesme le Appel touchant la levee des Gents pur guerroer destruire les Seignours Lieges du Roy est aussy Treson qe les 28 29 30 31 32 37 38 39. de mesme le Appel sont aussi Treson come est remembre en le avant dit roulle du dit Appel Et troveront per deue Examination per proves et emformations per tous les voies qils pourroit lour Consciences deucment emformer qe le dit Ercevesqe Duc Cont Robert Tresilian Appelles come devant feurent Coulpables notairement en icelles cest assavoir Chacun de eux en chacun Article qe luy touche Et auxint qils sont coulpables en touts les autres Articles contenus en le dit Appel nient declares au present pur Treson cest assavoir chacun deux en chacun Article qe luy touche en presence du dit Roy nostre Seignour et Seignours du Parlement Temporels seant en la dite blanche sale en plein Parlement mesme le jeudy le 13 jour du dit mois de Fevrier les dits Duc Contes Appellants prieront as dits Roy nostre Seignour Seignours du Parlement illoques estants qe les dits Ercevesqe Duc Conte et Robert Tresilian Appelles come devant fussent adjuges convicts de les hautes Trahisons contenus en â—e dit Appel Jugement Rot. ibid. Parqoy les dits Seignours du Parlement illoqes estants come Juges du Parlement en cest Case per Assent du Roy nostre Seignour Prononceront lour declaration avant dite adjugeront lesdits Ercevesqe Duc Cont et Robert Tresilian appelles come devant coulpables et convicts des Tresons contenus en les dits Articles declares pur Treson come devant Et Agarderont qe mesmes les dits Duc Cont Robert Tresilian appelles come devant fussent Treinez et penduz come Traitours et Ennemies au Roy nostre dit Seignour et a son Royalme Et qe les dits Ercevesqe Duc Cont Robert Tresilian Appelles come devant et lours Heires fussent desheritez a tous jours et qe lours Terres et Tenements Biens et Chateux feussent forfaits au Roy nostre dit Seignour Et les Temporalites du dit Ercevesqe Deverwik del Ercevesche Deverwik saisis es mains le Roy nostre dit Seignour In the same Parliament Simon de Beurle Lord Chamberlain among other Crimes was Impeach'd by the Commons for having persuaded the King to make large Gifts out of the Crown-Revenue to Foreigners Bohemians to the Impoverishment and Oppression of the People * Rot. ibid. Art 7. Item qe la ou le dit Simon de Beurle fust Chamberlein nostre Seignour le Roy en sa tendre Age tenus de luy Conseiller pur le mieux en profit de luy et de son Royalme le dit Simon per son malveis Inginie et procurement conceilla nostre Seignour le Roy davoir deinz son Houstiel grande Plenitee des Aliens Beamers et autres et de les donner grands douns des Revenus et Commoditees du Royalme peront nostre Seignour le Roy est grantement empovres et le People du Royalme outrement opreses The Parliament thought the Duke of Ireland so dangerous a Man that to be rid of him they had given the King a Grant of 30000 Marcs but when Suffolk return'd after his first Disgrace the Duke of Ireland return'd with him About this time that the Ministry might be compleat and of a piece there was a Lord Treasurer of the same Stamp with the Chancellor Chamberlain and the Duke of Ireland to wit John Foord Bishop of Durham of whom Sir John Heyward gives this Character * Life of Hen. 4. p. 20. He was a Man of little depth either in Learning or Wisdom but one that had the Art of seeming in making the best Shew of whatsoever he spake or did And rising from a mean Estate to so high a pitch of Honour he exercis'd the more excessively his Riot Avarice and Ambition not able to moderate the Lusts and Desires which former Want had kindled He at the same time was remov'd from the Council and turn'd out of his Office of Treasurer We have dwelt the longer upon Michael de la Pool because it is the first formal and regular Impeachment that we meet with in the Records And perhaps it will not be unnecessary to say something of a Man that so much drew upon him the Hatred of the People * Life of Hen. 4. p. 16. Hayward says He was a Merchant's Son in London and growing Mighty on the sudden he could not govern himself in the Change But Prosperity laid open the secret Faults of his Mind which were suppress'd and choaked before Thomas of Walsingham calls him Michael Atte Pole and says he was convicted in Parliament of notorious Frauds * Walsing p. 324. Num. 10 Convicerant eum nempe de multis Fraudibus et quibusdam proditionibus in Regem quos nequaquam inficiari nequibat unde et cum responsis astaret et objecta negare nequibat Rex pro ipso verecundatus et rubore suffusus caput agitans heu heu inquit Michael vide quid fecisti But as soon as the Parliament was up the King took him into greater Favour than before But the Weight of a Parliament will at last bear down a bad Minister so that de la Pool durst not stand the next Sessions but fled to France where he died in Exile But take from Walsingham the Character of this Chancellor with the Account of his Death * Ibid. p. 339. Hac Aestata perfidiae promptuarium Sentina Avaritiae Auriga Proditionis Archa Malitiae Odii Seminator Mendacii Fabricator susurro nequissimus dolo praestantissimus artificiosus detractor Patriae delator Michael Atte Pole quondam Comes Southfolchiae Regnique Cancellarius sed nunquam
Consiliarius concessit in fata Parisiis merito perfidum evomens Spiritum in terra peregrina Simon de Beurle whom the Commons had Impeach'd that Parliament was beheaded at Tower-hill His being Knight of the Garter exempted him from a more ignominious Sentence that was pronounc'd against him This Man 's sudden Rise from 20 Marcs to 3000 Marcs per Annum drew the Hatred of the People upon him * Knyghton Col. 2727. Dominus de Burlee qui de Patrimonio haereditario expendre non valuit ultra XX Marcas sed in paucis annis in obsequio praedicti Regis crevit ad ultra valorem trium mille Marcarum annui proventus Some perhaps will object That in the 21 Rich. 2. most of what had been Rot. Parl. 21 Ri. 2. Num. 47 48. done 10 and 11 of the same Reign was repeal'd 'T is true the Fact is so For Richard after he had treacherously got into his Hands the Duke of Glocester his Uncle and after he had imprison'd the Earls of Arundel and Warwick the only three Lords in whom the People placed any Confidence the Nation was quite disperited insomuch that the King was able to pack a Parliament which yet could not be brought to do his Business 'till it was adjourn'd from Westminster to Shrewsbury There he did what he would by the Help of Sir John Bushie then Speaker of the House of Commons Sir William Bagot and Sir John Green of whom Sir * Life of Hen. 4. P. 84. John Hayward says These were then in all the Credits and Authority with the King and his chiefest School-masters both of Cruelty and Deceit They were proud arrogant and ambitious and upon confidence of the King's Favour profess'd Enemies to Men of ancient Nobility to the end that being lately start up they might become more famous by maintaining Contention with great Persons And first by their importunate Travail all the Charters of Pardon granted by the King were in this Parliament annulled and revoked These Pardons were revoked while the Parliament sate at Westminster where Thomas Arundel Archbishop of Canterbury was banish'd and his Temporalities seiz'd All the other irregular Matters were transacted at Shrewsbury But what was the End of all this Violence and breaking in upon the Rights of Parliament 'T is seen in the Story the People thereupon grew so discontented that Henry Duke of Lancaster was encouraged to come and invade the Kingdom with some few Friends and of Soldiers only fifteen Launces in his Company who was chearfully embrac'd by the whole Nation One of the first Things done in the Reign of Henry the 4th was to Repeal all that had pass'd at the Parliament held at Shrewsbury and to affirm all that was done 11 Rich. 2. * Rot. Parl. 1 Hen. 4. Num. 66 67. Qel Parlement feust tenuz pur Grand honur et Comune Profit de tout le Royalme And here 't is to be noted That in the First Article against King Richard II. when he abdicated the Throne 't was objected to him That he did wastfully spend the Treasure of the Realm and had given the Possessions of the Crown to Men unworthy by reason whereof new Charges were laid on the Necks of the poor Commonalty But take the whole Article * Rot. ibid. Num. 18. Imprimis abjicitur Regi Richardo quod propter malum regimen suum videlicet bona et Possessiones ad Coronam suam spectantia etiam personis indignis donando et alias indiscrete dissipando et ob hoc collectas et alia Onera gravia et importabilia Populo sine causa imponendo nec non alia mala iunumer abilia perpetrando alias de assensâ—â— et mandato suis per totuâ— Parliamentum ad gubernationem Regni certi Praelati et alii Domini temporales erant electi et assignati qui totis viribus suis circa justam Gubernationem regni propriis sumptibus suis fideliter laborarent tamen Rex facto per eum Conventiculo cum suis complicibas dictos dominos tam Spirituales quam Temporales circa Regni utilitatem occupatos de alta Proditione impetere proponebat Justiciarios Regni ad suum nefandum propositum roborandum metu mortis et cruciatus Corporis violenter attraxit dictosdominos destruere satagendo The Fate of Michael de la Pool could not work upon his Grandson William de la Pool so as to make him a better Man towards the Public For we find this William Duke of Suffolk treading in his Grandfather's Steps and so acting in his Ministry as to provoke an Accusation from the House of Commons The Grants out of the Crown Revenue which he had procur'd for himself and those of his Alliance and Party occasion'd so much popular Anger that in the 28 Year of Henry VI. he drew upon himself an Impeachment the first part of which contains Matter of High Treason in the second part he is accus'd of divers great Offences Misprisions untrue Labours and false Deceits but we shall only take notice of those Articles which relate to our present Subject Rot. Parl. 28 Hen. 6. Num. 28. To the Kyng our Soverayne Lord sheweth and with dolorous Lamentations Compleyneth youre true feithfull Subgettes and Comons beyng in this youre present Parlement by youre Commaundement Roial That William de la Pole Duke of Suffolk hath doone and caused to be doone ayents youre Regalie Honour Estate and Prosperite of youre moost noble Persone and the We le of youre true Subgettes of youre Reames of Englond and Fraunce youre Duchies Guyen and Normandy and other Places under your Obeisance divers grete Offences Misprisions untrue Labours and fals Deceytes in Manner and Fourme ensueying Num. 29. First The seid Duke the 16th Yere of youre Reigne then beyng next and Pryvyest of youre Counseil and Steward of your Household then and many Yeres seth for covetise of grete lucre of good singulerly to hymself sturred and moeved youre Highnesse the seid 16th Yere Ye thenne beyng in Prosperite and havyng grete Possessions to yeve and graunte moche partie of youre seid Possessions to divers Persones in your seid Reame of Englond by the which ye be gretely empoverished the Expences of youre honourable Household and the Wages and Fees of youre menyal Servants not payed youre Warderobe the Reparations of youre Castells and Manners and youre other ordinary Charges were not had satisfyed nor doo and so by his subtill Counseil importune and unprofitable Labour to youre moost High and Royal Estate the Revenues of the Demesnes and Possessions of youre Corone youre Duchie Lancastre and other youre Enheritaunces have bee so amennsed and amentysed that youre Commons of this youre Reame have bee soo ymportably charged that it is nygh to their fynal Distruction Num. 30. Item The seid Duke havying alwey inordinate Covetise hath by sotill means and sinistre Suggestions for his especyal availle caused you to graunt many Priviledges Fraunchises c. Num. 31. Item The seid
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 seid they were too horrible to speke more of theym and seid openly to the Kyng and all the Lordes that all the Articles comprehended in the seid Bille touchyng the Kyngs high Persone and thastate of his Royalme he trusteth to God he hath answered hem sufficiently for he hath denyed the Dayes the Yeres the Places and the Commumications hadd which were never thought nor wrought seying utterly they benâ—fals and untrue and in manner impossible for he seid soo grete thyngs coud not be done nor brought aboute by hymself alone onlesse that other Persones had doon her partie and be privy therto as well as he and he toke his Soule to perpetuel Damnation yf ever he knew more of thoo Maters than the Childe in the Moders Wombe And soo he not departyng from his seid Answers and Declaration submytted hym hooly to the Kynges Rule and Governance to doo with hym as hym list wheruppon the seid Chaunceller by the Kynges Commaundement seid unto hym ageyne in this Fourme Sire y conceyve you that ye not departyng from youre Answers and Declarations in the Matters aforeseyd not puttyng you uppon youre Parage submitte you hooly to the Kynges Rule and Governaunce Wherfore the Kynge commandeth me to sey you that as touchyng the grete and horrible thynges in the seid first Bille comprised the Kyng holdeth you nether declared nor charged And as touchyng the second Bille putte ayenst you touchyng Misprysions which be not Crymynal the Kynge by force of youre Submission by his owne Advyse and not reporting hym to thadvyse of his Lordes nor by wey of Judgment for he is not in place of Judgment putteth you to his Rule and Governaunce That is to say that ye before the first day of May next comyng shall absent your self out of his Reame of Englond And also from the seid first Day of May unto the end of five Yeres next following and fully complete ye shall absteyne to abyde in the Reame of Fraunce or in eny other Lordshippes or Places beyng under his Obeysaunce whersoever they be And that ye shull not shewe nor wayte nor no Man for you as far forth as ye may lette it no malice evil will harme ne hurte to eny Persone of what degree he be of or to eny of the Commons of this Parlement in noe manner of wyse for eny thing doon to you in this seid Parlement or elles where And forthwith the Viscount Beamount on the behalf of the seid Lordes both Spirituels and Temporelx and by their Advyse Assent and Desire recited seid and declared to the Kyngs Highnesse that this that was so decreed and doon by his Excellence concernyng the persone of the seid Duke proceded not by they re Advyse and Counseil but was doon by the Kyngs own demeanaunce and rule wherfore they besought the Kynge that this their seiyng myght be enacted in the Parlement Rolle for theyr more declaration hereafter with this Protestation that it should not be nor tourn in prejudice nor derogation of theym theyr Heyres ne of theyr Successors in tyme comyng but they may have and enjoy they re Lybertee and Freedome in case of theyr Parage hereafter as freely and as largely as ever they or eny of they re Auncesters or Pedecessours had and enjoyed before this tyme. Thus William de la Pool Duke of Suffolk the Kings Favourite and the Queens Minion was impeach'd by the Commons and banish'd by the Regal Authority Graft Chron. p. 609. Grafton speaking of him says He was notorious for enrychyng Hymself with the Kynges Goods and Lands gathering together and making a Monopoly of Offices Fees Wards and Ferms by reason whereof the Kynges Estate was greatly mynished and decayed and he and his Kin highly exalted and enriched Ibid. p. 610. Besides the same Author says He had dipp'd his hands in Blood having been a chief Instrument in contriving the Murther of Humphry Duke of Gloster But Sanguinary Men seldom escape unpunish'd for this Duke of Suffolk had his own Head struck off upon the side of a Cock-boat by a Servant belonging to the Duke of Exeter Cot. Post p. 280. In his Speech to the House of Commons Sir Robert Cotton cites an Old Author who gives an admirable Description of those times He says I will tell you what I found since this Assembly at Oxford written by a Reverend Man twice Vice Chancellor of this Place his Name was Gascoin a Man that saw the Tragedy of De la Pool He tells you that the Revenues of the Crown were so rent away by ill Council that the King was enforced to live deTallagiis Populi That the King was grown in debt quinque centena millia librarum That his great Favourite in treating of a foreign Marriage had lost his Master a foreign Duchy That to work his Ends he had caus'd the King to adjourn his Parliament In villis remotis partibus Regni where few People propter defectum hospitii victualium could attend and by shifting that Assembly from place to place to inforce I will use the Authors Words illos paucos qui remanebant de Communitate Regni concedere Regi quamvis pessima When the Parliament endeavour'd by an Act of Resumption the just and frequent way to repair the languishing State of the Crown for all from Hen. 3. but one till the 6 of Hen. 8. have used it this great Man told the King it was Ad dedecus Regis and forced him from it To which the Commons answer'd although Vexati laboribus Expensis quod nunquam concederent Taxam Regi until by Authority of Parliament Resumeret actualiter omnia pertinentia Coronae Angliae And that it was Magis ad dedecus Regis to leave so many poor men in intolerable want to whom the King stood then indebted Yet could not all good Council work until by Parliament that bad Great Man was banish'd which was no sooner done but an Act of Resumption followed the Inrollment of the Act of his Exilement Sir Robert Cotton that learned Antiqary is so intirely in the Right in this Assertion that whoever looks over the Records will find that there is not so much as a line interposed between the Proceedings against the Duke of Suffolk and the Act of Resumption so quickly they followed one another Which ought to be a perpetual Notice and Lesson to Posterity that when the People of England desire an Act of Resumption the Work must begin with Impeaching Corrupt Ministers We have hitherto produc'd Impeachments of elder Times which perhaps the Persons concern'd in point of Interest will call old musty Records We shall therefore now proceed to show some Presidents of a later date As our Ancestors held it a Crime for Men to procure to themselves Offices above their Capacity and Gifts and Grants from the Crown beyond their Deserts so in this latter Age the House of Commons have thought the like Proceedings not for the King's Honour and dangerous to the Publick 2
own Hands are clean and that they do not at all participate in the Depredations that are made upon the Publick If they have ask'd nothing for themselves 't is a sign they did not promote Grants for he who ventures to wrong the King will rather do it for his own Gain than for the Advantage of another Therefore a total Self-denial in the Minister is a great Mark of Innocence If they were seen to have as large a share in the Plunder as any others if the King 's best Lands and Mannors were found in their hands or which is worse if they had devour'd all the Flesh themselves and left to others only the Bones to pick if while the Publick was poor they had procur'd to themselves outragious Gifts of Money as they are call'd in the Records if it was known that they had procur'd immoderate Releases for Money now they term 'em Privy-Seals and that in an unwarrantable manner Our Ancestors look'd no farther but took the Ministers to be guilty and presum'd that they singly for their own Gain and Profit had incited the Prince to Liberalities inconsistent with the Welfare of his Crown and Government and thereupon our Forefathers grounded the Impeachments we have mention'd in this Section We do not find in the Records except in the Lady Vescie's Case that the Anger of Parliaments was provoked against the Common Herd of Courtiers who in all Ages have raked from the Prince whatsoever they could But the Sword of the Legislature was directed against their Heads who being Ministers of State in his Privy Council bound up by Oaths Astricts per lour serments and having Offices attended with large Sallaries and Profits did nevertheless with insatiable Avarice and Ambition and without any Consideration of the Publick Wants and Miseries rob the Crown of all they could by a Practice as foul in it self as it was fatal in its Example For in these Cases the Law has only an Eye to those who are intrusted and expects the Town should not be sold surrender'd or betray'd by the very Centinels who are set to watch the Gates Perhaps these Great Men alledged in their Excuse That none will serve a Court without Rewards But our Ancestors thought the Appointments belonging to their Offices a sufficient Recompence and that Government grows very costly when Ministers must go away with Ten thousand Pounds per Annum Estate for Five or Six Years Service Nor did our Fore-fathers think it Reasonable that out of the Substance of the Commons of England there should be built up every Year Three or Four New and Wealthy Families 'T is true indeed the Ranulphs the De la Pools the Beurlees and the Buckinghams of former Ages might very well expect all they got or could get if every Day they were making bold Steps by which they ran a Hazard of their Necks But in Times when the Laws govern and when extraordinary things are neither expected by the Prince nor suffer'd by the People Ministers for their Service ought to be contented with a moderate Reward 'T is probable likewise that when they begg'd those large Grants of former Kings for which they were impeached they suggested to 'em what immense Summs of Money they had got granted for them by the Commons But if the true Necessities of the State requir'd it the Gifts would have proceeded without their urging Nor do we find that Hubert Archbishop of Canterbury a good and faithful Servant got or was impeach'd for getting Grants tho' he had obtain'd Eleven hundred thousand Marks for the Redemption of King Richard Besides our Ancestors never thought that procuring Money from the People ought to commute for robbing the Prince well-knowing that to be true which my Lord Verulam has since observ'd that these Men so dextrous at finding out Projects and at inventing new Taxes * Life Henry VII p. 210. Prey upon the People like tame Hawks for their Master and like wild Hawks for themselves Our Fore-fathers had good Reason to animadvert upon these Proceedings for nothing more tends to corrupt a Country than the easie way of getting Wealth by the Profusion of a Court. It makes Men abandon the Thoughts of raising themselves by Virtue and Merit and reduces a Nation to the State of which Mr. Pym speaks when he says There are but few now that apply themselves either to do well or to deserve well finding Flattery and Compliance to be the easier way to attain their Ends and Expectations But the Advocates for Male-Administration and they who give a fair Colour to Corruptions of this Nature will perhaps urge that generally the Heirs of such as here are mentioned to have been attainted for these Crimes have been restor'd in Blood We grant the Fact to be so but this is no Argument that they were wrongfully accus'd or coudemn'd Perhaps to make the Punishment extend beyond the Person of the Criminal is wrong in our Constitution and that all Restitutions in Blood whatsoever ought to be favour'd But Families have been restor'd whose Parents no Man will pretend to justifie * Rot. Parl. 2 Hen. V. Numb 19. Hamond Belknap was enabled in Blood 2. Hen. V. and the Family was afterwards fully restor'd 6 Hen. VIII And yet no English Man will offer to say that Belknap did not deserve his Death The Attaindures shew'd the severe Justice of our Ancestors and the Restitutions that came afterwards are Signs only that we are born in a Country where the People are well natur'd and who cannot long entertain angry and revengeful Thoughts but where Lenity has encourag'd many Persons more boldly to enterprise against the Publick Thus far as to what has been done in these Matters But before we conclude this Section we shall observe That other Countries as well as England have relieved the Affairs of the Prince by Resumptions for which Grotius cites several Authorities †Grotius de Jure Belli ac Pacis L. 2. Annot. ad Cap. 14. Donata etiam ab Emptoribus repetiit Galba relicta decima Tacit. Hist 1. Pertinax etiam à liberis ea exegit quae sub specie venditionis Commodo Principe lucrifecerant Basilius Macedo Imperator repetiit quae Michael Imperator elargitus fuerat Zonaras de eo Communi consensu placuit ut qui pecunias nulla probabili ex causa accepissent partim totas partim dimidium redderent Vide eundem Isaacio Comneno de donationibus Ludovici XI vide Serranum Carolo VIII de ejusdem donationibus etiam quae Ecclesiis factae non servatis Philippum Cominaeum lib. ix Marianam vero de donationibus quas Arragoniae Rex Ramirus fecerat rescissis lib. x. cap. xvi de Isabellae donationibus rescissis per ipsam xxvii cap. ii .. The same has been done in Scotland †Drammond 's Hist of Scotland p. 27 28. James the 1st recall'd all such Lands as had been either alienated or wrongfully Usurped from the Crown And also what was wont to be idly
per se non adquesierit sed civium suorum sanguine laboribus periculis non alienum videtur regulam juris Civilis sequi ut quod communibus multorum laboribus quaesitum est non nisi communi eorum Consilio consensu alienari possit The Romans were so strict in this Point that to intercept any Spoils gotten in War was accounted robbing the Publick Modestinus the Lawyer says Is qui Praedam ab Hostibus surripuit Peculatus Lex penult digest ad leg Jul. Peculat tenetur Gellius takes notice that Cato in an Oration he spoke concerning Spoils complain'd in vehement Words Gellius Lib. 11. Cap. 13. That poor Thieves were manacled in Fetters but that the Publick Robbers shin'd in Gold and rich Attire Fures Privatorum Furtorum in nervo atque compedibus aetatem agunt Fures Publici in Auro atque Purpura Indeed if a Prince makes the War at his own single Charge Lib. 1. Cap. 3. Num. 11. as Grotius observes in another Place Fieri potuit ut Rex ex sua privata substantia Exercitum aluerit In such a Case he alone will have a Right to the Conquer'd Country And this is so true that if William the Norman had been able by his own Strength and at his particular Expences to have made the Conquest of England according to the Law of Nations he must have had this Kingdom in Patrimonio with as absolute Dominion in it as the Eastern Princes can pretend to But the Case being quite otherwise and he not able to bear the whole Charge he took to his assistance several Barons of his own Dukedom and some great Men of other Countries who were joined with him in the Adventure to whom as the Recompence of their Service he first promis'd and afterwards made sundry Concessions and granted many Priviledges But still with all this assistance he could not quite subdue the Natives with whom he was compell'd to make Compacts from which Concessions and Compacts it comes that we continue still to be a free People notwithstanding this pretended Conquest In the same manner if Henry the 2d had Conquer'd Ireland with only the Revenues of the Crown without any Aids from his People that Kingdom had been his own Plenâ— Jure as the Civilians call it and he might have disposed of it at his own Will and Pleasure For as Aristotle says Lex est veluti pactum quoddam commune quo Bello capta capientium â—iunt Nor is it a thing at all strange for a Prince to hold different Kingdoms by different Titles and to Govern 'em by different Methods in one he may be absolute according to the Antient Constitution of the Country in another his Power may be circumscribed and limited by Law One Kingdom he may hold by Election and another by the Right of Succession He may have a Kingdom of his own Acquisition which shall be as it were his * De Jure inter Gentes P. 1. Sect. 3. R. Z. own private Patrimony A Principibus aliquando Regna vel Territoria pleno Jure habentur ita Strabo tradit Cytheram Insulam Toenaro objacentem fuisse Euriclis Lacedaemoniorum Principis privato ipsius Jure And the same Right would Henry the 2d have had in Ireland if he had made the Acquisition by his own Sword and Bow and by Troops paid out of his own Purse but because the Kingdom was conquer'd at the general Expence of England the Commonwealth here has always took it self to have an Interest to bind that Kingdom by Laws to inquire into the Administration of it as Parliaments have several times done and to extend the Acts of Resumption as well to Ireland as to England constantly believing that Island to have been an Acquisition to the Crown not of any King 's own Making but purchas'd with the Labour and Blood and at the common Expence of this Nation which in several Expeditions and Wars to quiet 52 Rebellions has expended five times more Treasure than the Fee Simple of all Ireland is worth The Writer of these Papers is not at all afraid or asham'd to offer at Accompts tho' a certain Person did please to say but without any Proof then or afterwards that in one Computation we were mistaken twenty Millions An Account of the Expences for the Reduction of Ireland  ll s. d. ISsu'd from the Exchequer and wholly apply'd to the Irish Service to Jan. 25. 1694 5. 3,388,672 5 3¼ Arrears due to the Irish Army to March 31 1692 about 190,000 00 0 To the Irish Transports about 350,000 00 0 For the Service of the Ordinance on Account of the Train that attended the Irish Army computed at about 80,000 ll per Ann. for two Years and a half 200,000 00 0 Carry over 4,128,672 05 3  ll s. d. Brought over 4,128,672 05 3 Besides which there was received by us of the Irish Revenue 177,020 15 5 By Poundage and Days Pay and Profits by Guinea's about 70,000 00 0 By Quarters in Ireland about 140,000 00 0 So that the Reduction of the Irish stood both Nations in about 4,515,693 00 8¾ The Peoples Right to the Forfeited Estates in Ireland to dispose of 'em in Parliament either for the Service of the current Year instead of a Land-Tax or to make 'em a Fond towards paying off the Deficiencies is grounded upon this Sum of Four Millions which has been levyed in England and expended upon that War Where the Honour of the Prince and the Honour or Interest of the Nation are concern'd against a Foreign Enemy most certainly we are to give necessary Aids and Subsidies without prospect of reaping any other Fruit from our Expences than Fame and Safety but when England has to do with its own Subjects and that they can be brought to pay part of the Reckoning it would be very hard if all this should be intercepted from the Publick and that we should waste our Blood and Treasure only to enrich a few private Persons From the time of Henry the 2d Ireland has almost constantly been made to contribute something towards its Conquest or Reduction In the very beginning Vide Dr. Hâ—mmer Fol. 136. viz. Anno 1170 part of its Lands were given to the Adventurers Robert Fitz Stephen and Maurice Fitz Gerald David Barry Hervy de Monte Marisco William Nott Maurice de Prendregast Meyler Richard Strongbowe Earl of Chepstow and others And Anno 1172. another Adventure was set a-foot and a new Partition of Lands was made and King Hen. 2d stands himself in the Front of the Adventurers with Hugo de Lacy William Fitz Adelm Humphrey de Bohun Sylvester Giraldus Cambrensis who was Tutor to the young King Vide Rogerus Hovidon John and others In the distribution of these Lands the Service of so many Knights was reserv'd to the King in the Grant of each Estate Hugo de Lacy Lord Lieutenant sold several Estates there which Sales Philip of Worcester his Successor revoked Nec
in it if you will take in all the Grants since the Restoration of King Charles the Second But few are so short sighted as not to see into this Artifice such as are for making their Resumption so large desire none at all and would engage a great many different Titles to oppose it If it could possibly consist with the Rules of Justice if to do so would not produce unspeakable Disorders if it would not utterly ruin a great number of Families no doubt the Publick labouring under so many Debts and Difficulties such a general Resumption would be advisable all which are strong Objections to the making it so extensive To which may be answer'd that the same Inconveniences will happen by resuming the Irish Forfeitures we shall therefore try to shew how the Cases differ But to clear these Points we must repeat some things that have been laid down in the foregoing part of this Discourse That the Kings of this Realm have always prescribed a Power of alienating the Crown-Revenue by their Great Seals That it would not have been convenient in the beginning of this Constitution to have bound up the Prince's Hands from all kind of Alienations for then by Forfeitures and Attainders in process of time the King would have been Lord of the whole Soil That however Parliments by Petitions Bills or Acts of Resumption have all along laid in a claim of the People's Interest in this Revenue especially when the Grants were become exorbitant That the Wasts committed upon the Crown-Revenue produced at last viz. 11. Hen. 4. a positive Law porhibiting these sort of Alienations That the force of the Law was evaded by Clauses of non obstante incerted in the Letters Patents That these Clauses seem condemn'd by the late Act for declaring the Rights and Liberties of the Subjects When King Charles the 2d came in the Doctrine of the Court was sow a little that you may reap much and they who were then intrusted with the Nation 's Purse were themselves for diving into the Princes Pocket And at the same time the Doctrine of Westminster Hall was to advance the Prerogative as high as possible thus the King was perswaded to give away the greatest part of his Crown Lands and by the Proceedings of Westminster Hall the People were encouraged to think such Grants were good in Law the Courtier begg'd and the Citizen bought so that immediately he was in a manner divested of all and yet they who had suffer'd for him and his Father were few of 'em the better for all this immoderate Bounty These Liberalities of his were not bestow'd as the Recompence of antient Merit but were often the Price of Treachery and the Rewards of Vice And as Cyrus observ'd that in Camps the most worthless Souldiers are the busiest to get Plunder so the same thing may be said of a Court expos'd to Spoil the worst Men in it are the most ravenous and generally make the best Advantages The Observation we have now made did apparently hold true as to King Charles's Court however ill-gotten Goods seldom thrive and very little of what was thus obtain'd remains with the first Possessors but is now dispers'd into a Multitude of Hands Though what he did was so prejudicial to the Crown yet such was then the flourishing Condition of our Affairs that we could bear a great deal of ill Management Besides some were glad enough to see a young Prince necessitated to depend upon his People who was apprehended to meditate arbitrary Power But whatever govern'd the Councels of those times certain it is that there was no actual Bar put in the Way of his destructive Bounty 'T is true as we have noted in the third Section 't was complain'd of but all ended in an Address which had very little in it of the Spirit which our Ancestors had shewn upon the like Occasions Leave was given at the beginning of that Reign to bring in a Bill of Resumption A Bill was twice read to regulate and restrain such Alienations and an Address was thereupon made but no consequence following upon all this the People of England had reason to believe that the Parliament acquiesced in what was done at Court The matter did not only Sleep then but was not as we can find afterwards reviv'd and for many Years it was hardly mention'd in the House of Commons insomuch that Estates though so newly deriv'd from the Crown came in a short space of Time to bear almost an equal value with any other sort of Land But if as in ancient times such a Proceeding of the Court had been complain'd of from Sessions to Sessions if as heretofore the Ministers that procured the Grants had been impeach'd if Bills of Resumption had been frequently offer'd though rejected such Motions would have been some Warning to the Nation the Purchasers would have look'd about 'em every Man must have known the Hazzard he was to undergo and he can only accuse himself who will run into it when before hand he is acquainted with the Danger But the Legislative Authority continuing so long silent in the matter and the Lawyers of those times making no Objection to Titles of this Sort depending upon their Ex certa Scientia mero Mortu Gratia speciali and yet more upon their Clauses of non obstante the People were induced to think they might as safely make these as any other Sort of Purchases Hence it was that what belong'd to the Crown but so lately came to be a matter of Publick Traffick among the People insomuch that the whole Fortune of very many Families is therein embark'd What Cato said is indeed true if rightly distinguish'd that there ought to be no praescription against the Publick Plut. vit Cat. Neâ— Mortales contra Deum immortalem nec privatos contra Rempublicam praescribere posse This holds without doubt when private Men get fraudulently or by Force into Possession of what belongs to the Publick and at the beginning were Possessores mala Fide which length of time ought not to purge But in a mixt Government if one Part of the State suffers the other Part to alienate what the whole have an Interest in and if the said Part had power and Opportunity to make an Opposition and yet made none it implies such a Consent as according to the Law of Nations and the Rules of Justice ought to indemnifie to all Intents and Purposes the Possessor bona fide and the Purchaser upon a valuable Consideration Grotius Dc Jure Belli ac Pacis l. 2. Cap. 6. n. 10. speaking upon Alienations says * Inconsulto vero Populo Rex id non potest si maneamus inter terminos naturales quia juris temporarii quale est Regnum electorum aut lege succedentium ad Imperium effectus nisi temporarii esse non possunt potuit tamen Populi ut expressus consensus ita tacitus consuetudine introductus qualem nunc passim vigere cernimus id