understanding and more distempered part of the people should be better and more to be followed and therefore to be taken in and receive as great an entertainment and applause as the Children of Israel did their Golden Calfe with shouts and acclamations whilst Moses as they thought had tarried too long with God Almighty in the Mount for his direction in the making of Laws or as the Romans did the more to be respected twelve Tables of Laws then those of their Mechanick and vulgar Judgements and reasonings which the wiser and more noble not the illiterate and foolisher sort of their Citizens and people had learned well considered and brought home from Athens and other cities of Greece as fit to be observed or imitated When as it might rather be remembred that God in his infinite mercy to the works of his own hands did so early distribute the Beams of his Right Reason and Illumination as the days of old were not without wisdom which being from everlasting and rejoycing afterwards in the habitable parts of the Earth her delights were with the sons of men And therefore Jeremy no Fanatique or man of an Imaginary or self conceited mistaken holiness but inspired by God Almighty and filled with the wisdom from above did not tell us as many of our Novelists and Commonwealth-mongers and the would be wise of the Rota's or Coffee-houses would make us believe that all the succesful experiments which the long lived world had approved to be right reason were either burthensome or oppressive and not to be any longer esteemed or that the paths of wisdom were worne out and not at all to be walked in but with a thus saith the Lord enjoyned us as if there and no where else it were to be found to stand in the ways and see and ask for the old Paths where is the good way and walk therein But that would have been to their loss and rather then faile of their purpose or forsake their beloved ignorant intermedling in Government they could never think any thing to be well until they had made all things ill and like Children would have liberty to do what they list which would do them as much good as the liberties of their misusing the power of the Sword or in medling in matters too high for them did in these last unhappy Twenty years and as little conduce to the publick or their own good and safetie as for Children to be permitted the use of Swords or Pistolâ— whereby to kill and mischief one another or of fire to burn themselves or set their Parents houses on fire or as they are said to do in Gonzaguas new discovered world in the Moon to govern their parents cannot finde the way to obey Laws and reasonable Customs unless their narrow Capaciâ—ies or small Understandings may apprehend the cause of it the reason of it must like the Lesbian rule be made to be as they whyâ—â—sie or fancie it and obedience to Kings or Laws cut out to their Interest and Conveniencies And will not believe that they have Liberties enough unlesse like Swyne got into a Garden they may foule and root up all that is good and beautifull in it And with their cries and gruntings could never be at quiet until they had trampled upon Monarchy and the majesty and loveliness of it digged up the Gardens of Spices and stopped the streams of our Lebanus And the late blessed Martir King Charles the First was no sooner in the defence of our Magna Charta and the Lawes and Liberties of England murdered but they and their Partisans must frame a Commonwealth and pretend a necessity thereof for avoiding the intollerable as they falsely called them burdens and oppressions of the people amongst which is ranked that great and most notorious piece of untruth that the Cart-taking for the King impoverished many of the people and that the Pourveyance cost the Country more in one year then their Assessments to the Army which with other matters contained in that most untrue and malicious Declaration of the Parliament of England as they then called themselves beraing date the 17. day of March 1648. are more against truth or any mans understanding then the tale of Garagantua's mighty mouth and stomach of eating three hundred fat Oxen at a meal and having five or six men to throw mustard into his mouth with shovels And as false as it was must for an edium to the late King and his Monarchicall Government be translated into Latine and sent and dispersed by their Emissaries into all the parts of the Christian world And from thence or some of the other I may not say causes but incentives or delusions the people too many of whom were inticed or made to believe any thing though never so much against truth reason common sense and their own knowledge must be taught for they could of themselves not find any cause to complain of it to believe that Declaration to be true to the end that whilst they did then bear and had long before endured very great assessements and burdens they might be enabled and be the better in breath to sustein for many years more a seaventy and sometimes a ninty and not seldome one hundred and twenty thousand pounds monethly Taxes and Assessments besides many other greater impoverishments and oppressions obedience must be called a burden every thing but ruining honest men and destroying of Loyaltie an oppression and every thing but vice and cheating to maintain it a grievance for the Truths sake therefore which every good and honest man is bound to submit unto and deâ—end and in vindication of his late Sacred Majesty and the Laws and Honor of my Country the too much abused England by such Tricks and Villanies and upon no other motive byasse or concernment but to make that scandal which only becomes the Father of Lyes and the causelesness of that complaint appear in their Deformities and proper colours I shall by an enquiry and search for the Original and Antiquity of Royal Pourveyance as to the furnishing of several sorts of Provision for the Kings House and Stable at a small or lesser rate then the markets and a praeemption for those or the like purposes used in this and most Nations of the World bring before the Reader the Laws and Acts of Parliament in England allowing it the Legality Reason Necessity and right use of it the small charge and burden of it and the consequences which will inevitably follow the takeing of it away which we hope will remove the ill opinion which some worthy men heretofore by reason of an abuse or misusage only and some very learned men of late misled by them have had of it CHAP. I. The Antiquity of Regal Pourveyance and Praeemption for the maintenance of the Kings Houses Navy Castles Garrisons attended by a Jus Gentium and reasonable Customs of the most or better part of other Nations WHich being not here intended or understood
2 R. 2. ca. 1. Upon complaint made in Parliament that Pourveyors and Buyers did take Provisions of the Clergy and enforce them to make carriages against their Liberties It was enacted that the holy Church should have and enjoy her Franchises and Liberties in all points in as ample manner as she had in the time of the Kings noble Progenitors Kings of England and that the great Charter and the Charter of the Forest and the good Laws of the Land be firmly holden and kept and put in due execution saving to the King his Regality which is in the Record but omitted in the Print by which Statute saith Sir Edward Coke there was nothing enacted but what was included in Magna Charta And in the same Parliament it was ordained that the Statutes heretofore made should be kept and that all Clerks should have their Actions against such Pourveyors by Actions of Trespass and thereby recover treble damages And in 7 R. 2. cap. 8. it was ordained that no Subjects Chator shall take any victuals or carriages to the use of their Lords or Ladies without the owners good will and the party endamaged if he will shall have his Suit at the Common Law 2 H. 4. cap. 15. Pourveyance of the value of forty shillings or under for the Kings house shal l be paid for presently upon pain of forfeiture of the Pourveyors Office 23 H. 6. ca. 14. If any Buyer or other Officer of the Duke of Gloucester or of any other Lord or person take any Victuals Corn Hey Carriages or any other thing of the Kings Liege people against their will or without lawfull bargain but only for the King and the Queen and their houses they shall be arrested and if any of the said buyers other then of the King and Queen shall be convicted of such unlawfull taking he shall pay treble damages 28 H. 6. ca. 2. None shall take any persons Horses or Carts without the delivery of the Owner or some Officer nor any money to spare them saving alwayes to the King his Prerogative and his Preheminence of and in the premisses And in the care of our Kings to redress the peoples grievances and satisfie their complaints against the Pourveyors rather then the Royal Pourveyances it may be understood also that they did not altogether lay aside the preservation and care of those antient and most necessary rights and parts of the Kingly Prerogative by their Answers given in divers Parliaments to the Petitions of the People concerning it as 13 Ed. 3. The Commons pray in Parliament that all Pourveyors as well with Commission as without shall be arrested if they make not present pay whereupon it was agreed that the Commissioners of Sir William Heallingford and all other Commissioners for Pourveyance for the King be utterly void 14 Ed 3. Ordered that the Chancellor by Writs doe pay the Merchants of Barton and Lynne for their Pourveyance of corne 17 Ed. 3. The Commons pray that remedies may be had against the outragious taking of Pourveyors The Statutes made shall be kept and better if it may be devised 20 Ed. 3. That payment be made for the last taking of victuals Order shall be taken therein They pray that Pourveyors not taking the Constables with them according to the Statute of Westminster shall be taken as Theeves and the Judges or Justices of Assize or the Peace may inquire of the same The Statutes made shall be observed 21 Ed. 3. Upon a complaint of the Commons That whereas in the Parliament in anno 17. and the next Parliament before it was accorded that Commissions should not issue out of the Chancery for Hoblers and taking of Victuals c. the said Ordinances are not kept If any such Imposition was made the same was made upon great necessity and with consent of the Prelates Counts Barons Autres grandees and some of the Commons then present notwithstanding the King will not that such undue Imposition be drawn into consequence but willeth that the Ordinances in this Petition mentioned be well kept And as touching the taking of victuals alwayes saving the Kings Prerogative his will is that agreement be made with such of whom the same are and shall be taken The Commons alleaging That whereas it was lately ordained and assented by the King and hîs Council that men and horses of the Kings Houshold should not be harbinged in any part of the Country but by Bill of the Marshall of the House delivered to the Constable who should cause them to have good sustenance for themselves and their horses as should be meet and cause their victuals to be prised by the men of the same Towns and before their departures should pay the parties of whom the victuals were taken and if they did not their horses should be arrested and that contrary hereunto they depart without payment pray that in every Bill mention be made of the number of horses and that no more but one Garson be allowed and that payment according to the Statute may be made from day to day The King is pleased that this Article be kept in all points according to the form of the Statute They complain that the Pourveyors of the King Queen and Prince severally doe come yearly assess and Towns severally at ten Quarters of Oates more or less at their pleasure and the same doe cause to be carried away without paying for the same and pray that such Tallages and Pourveyance may be taken away The King will forbid it and that no man take contrary to such prohibition saving to him the Queen his companion and their Children their rightfull takings Eodem Parliamento whereas the horses of the King Queen Prince do wander into divers parts doing much hurt and damage to the people and that hay oats c. are taken contrary to the Ordinances already made the Commons pray That the King will ordain that those horses may abide in some certain place of the Country where they are and that Pourveyance may be had for them in convenient time of the year by the Deputies as may be agreed between them and the owners of those goods The King is well pleased that the Ordinances already made shall be kept and that Pourveyances may be made for his best profit and ease of his People 45 Ed. 3. That no Pourveyance be made for the King but for ready money and that the King be served by common measure The Statutes made before shall be observed They complain of the decay of the Navy by reason tha◠sundry mens ships were stayed for the King long before they served the Masters of the Kings Ships doe take up Masters of the Ships as good as themselves The King will provide Remedy 46 Ed. 3. They complain that Ships arrested have been kept a quarter of a year before they pass out of the Port and in that time the Masters or Marriners have no wages Y
Elizabeth if they stood upon equall terms with him and owed him neither gratitude allegiance or subjection That he who is so great a looser by the change alteration of times and his own his Royal Progenitors bounties and indulgences might howsoever be allowed to be a little gainer in that one particular of the Compositions for his Pourveyances for in every thing else he is abundantly a very great looser and ought as well to take an advantage by it as the Clergie and Impropriators of England doe by the rise and encrease of their Tithes and impâ—ovement of their Glebes and are sure to be gainers by the difference in the value and price of commodities when as they sell their corn at the highest rates and make the improvement of their Glebes to follow the rise of money and the Markets And may take it to be no Paradox or stranger to any mans understanding or belief that the King who by his Lawes hath ordered that reasonable prises and rates should be taken for victuals and houshold provisions for himself and all his people and if his Sheriffs Justices of Peace Clerks of the Markets and the Lords and Stewards of Court-leets had but imitated the care of their Predecessors in the execution of the trusts committed unto them by their Soveraign and his Laws or of the Sheriffs in the reign of King Henry the third when as the King by his Writ being petitioned to give the Sheriffe of Bedford a power to dispence with the Vintners in the Town of Bedford for selling wine above the rates assize doth it in these words Rex c. Vic. Bed salutem Quia Villa de Bedeford distat a quolibet portu maris duas dietas tibi praecipimus quod permittas Vinitar Bed Sextarium vini Franc. vendere pro 8. denar sextarium vini Andeg. Wascon de Blanc pro 10 d. non obstante c. Teste R. c. allowing them to take for a pint and a half if the Sextarie was then accompted to be no greater a measure of wine 7 d. and for the like measure of white wine of Anjou and Gascoine 10 d. And had not as they doe daily too much neglected the execution of the Laws and laid by their duties to God their King and Country and by being over wakefull and diligent to improve their estates and private interests taken a Nap or fit of sleeping in point of time farre beyond that of the seven notorious Sleepers might at this day have been out of the reach of the causeless murmur of those who as they were seduced and fooled by Oliver and his Associates in the greatest of iniquities can make a Non causa to be a cause of their Complaints and of a grievance to themselves when as they and many of their fellow Subjects are and have been the only and immediate causes of it and if rightly considered is a reall grievance to the King and to all that buy more then they sell. And that if the King and his Laws had been as they ought to have been better obeyed and observed in such a Land or Kingdome as England is which is justly accompted to be blest with so much peace and plenty and such an over-plus of all things good and pleasant as well as necessary for the sustenance of the People or Inhabitants thereof as a deer year is not heard of above once at the most in ten or twenty years but many very cheap ones The rates or prices agreed upon by the Counties in the fourth year of the reign of Queen Elizabeth would have been enough and sufficient or more then enough if the Acts of Parliament of 25 H. 8. ca. 2. to suppress the enhaunce of the then Market rates which may well be supposed to have been much cheaper then what it was in Anno 4 of Elizabeth and the Statutes of incerti temporis or King Henry the third 3 4 Ed. 6. ca. 19. 5 Ed. 6. ca. 14. against Forestallers had been duly put in execution And that the 12. Counties bordering upon London and adjacent as Middlesex Essex Kent Surrey Sussex Hertford Buckingham Berkshire Bedford Oxford Cambridge and Hâ—ntington Shires making no small gains by the vent and rise of their provisions and commodities and an high improvement of their Lands beyond all other Counties and Parts of England would if the Markets had been regulated and kept down to such just and reasonable prices as might have been well enough afforded have for want of their now great rates for victuals and commodities night and day sent unto London that greatest belly and mouth of the Kingdome and their racking or improving of their Lands been constrained to let fall and diminish their rates and prices and follow the regulating of the Markets and make their prices and rates to be conformable to the Laws and plenty of the Kingdome which would have brought unto them and their Estates a greater or more then supposed damage many times and very far exceeding the pretended losses of serving in their proportions of the Kings provisions as they were agreed upon And if this shall not be believed without experiments or demonstrations they may be quickly brought to assent unto that which will certainly pâ—ove to be a truth that if the King should as King Henry the second keep his Court and Parliament for a time at â—larendon in Wiltshire or as King Edward the first did keep his Court and Parliament in Denbigh-shire at Ruthland too often mistaken and called Rutland or at Carnarvon in Wales or at York where whilest he was busie and imployed in his Warres against the Scots he kept his Terms and Court for seven years together or as many of the former Kings did keep their Christmas and other great yearly Festivals sometimes at Nottingham other times at Worcester Lincoln and other places far remote from London And as the Sun yearly diffuseth his liâ—ht and heat in his journey through the Tropicks some at one time and some at another unto all parts of the world or as the blood in the body naturall daily circulates visits and comforts all the parts of it should enrich comfort most of the parts of his Kingdom with the presence and influence of his Courts and residence Those rates and prises in the Composition for Pourveyances would rather prove to be too high a rate and allowance then too little As it happened to be in Anno 1640. when the late King and Martyr was enforced to be with his Court and Army about Newcastle upon Tine on the borders and confines of Scotland where the cheapness of victualls and other provisions at the Market rates in those parts fell to be very much under the Kings rates or allowance according to the Compositions for his Pourveyance made in the Reign of Queen Elizabeth which the Inhabitants and People thereabouts understood so well as a great store and farre more pâ—ovisions being daily brought in at those rates then
forgot the mercies and wonders of the Almighty or that they would have been brought to any manner of beliefe that ever they should have been able to bear so great and so intollerable as they would have called it a burden And yet now that time and custome like Milo's Calf carryed untill he be a Bull and being a Bull found to be no heavyer then when he was a Calf the burthen is not so heavy at the last as they would have believed it would have been at the first because the people have hitherto made shift to bear it by cheating or impoverishing one another and by laying the burden one upon another will dispendio reipublicae to the not to be avoyded loss and ruine of the Commonwealth be for some time longer able to endure it if the rich may grinde and devour the poor and the King now his Pourveyance is taken away must bear the greater part of the burden That if the King before he had granted the greatest Act of Pardon Bounty and Indempnity that ever any or all the Kings of England had done before him to a company of Factious and Rebellious people who had out done either Sheba or Shimei or any of the sons of Zeruâ—ah and deserved less then any of their forefathers unless the murder of his Royal Father and all the groundless obloquies and reproaches which they could cast upon him the banishing persecuting of himself his brethren murder and ruine of his loyal subjects and dispossessing him of his Estate Kingdoms and Revenues for twelve years togeâ—her and all things endeavoured which might load him or them with scorn and indignities can by any Fanaticks or Factious people be proved which it never can to have been by dispensations or communication with God and a living and walking in the spirit had taken in again to the Crown all those forfeited Rights Franchises and priviledges which had been heretofore too liberally given or granted from it and reserved a ten times greater Pourveyance then is by any now complained of the people of England would have been so glad with their Quailes as they would have blamed themselves for murmuring without a cause either before or after they had them And that those who could adventure to transgress the Laws which by their Idolized Covenant they bound themselves to observe and buy Places and Offices in the Kings houshold the greatest part of the profits whereof were made by the Kings allowance of Dyet may now that many of those Dyets and Tables are taken away come to a better understanding of the necessity and right use of Pourveyance and Compositions for them That the allowance of fifty thousand pounds per annum proposed as a recompence for his losses in the want of his Pourveyance is not to be found in the moyety of the Excise of Ale and Beer settled upon him and his heirs and successors for that the benefit thereof will not make amends for what he lost by his Tenures in the yearly Revenue thereof for as to the honor regality and right use of it that and Ten times more and all that could be given in money or an yearly rent would not have been enough for the purchase That thrice the sum of fifty thousand pounds per annum cannot ballance so great a loss and damage as the King sustains by his remitting of the Royal Pourveyance or Compositions for them That the splendor and magnificence of the Kings house cannot be so well supported by any certain yearly allowance in money nor the Squeeze and enhance of the Markets be so well escaped as they will be by that most easie laudable and accustomed way and establishment of the Royal Pourveyance or Compositions for them and that it can be no less then an undenyable truth and reason that it is the duty and should be the care of every good subject to further rather then hinder the Royal Pourveyance or Compositions for them That the mischiefs and inconveniences of taking away the Royal Pourveyances or Compositions for them have so visibly and often appeared to every unprejudiced eye or judgement as there is scarce an Englishman unless it be Cornelius Holland one of those that helped to kill the heir for his inheritance and would rather have Pourveyance to be a grievance then that he should fail of getting to him and his heirs Creslow Pâ—stures in Buckinghamshire which were appropriate to the fatting of the Kings lean Cattle for the provision of his houshold as every man may well conclude that it will be more for tâ—e good and ease of the people who can never be rich or happy when their Prince is poor or necessitous and if they love themselves are to love and support him that the King should have his Praeâ—emption and Pourveyance or Compositions for them then that he should be so much dishonored or oppressed as he is already and like to be more and more for want of it Which should be numbred amongst those ancient and legal priviledges and rights belonging to soveraignty puâ—chased by the cares and labors of our many English Kings and Monarchs with the hazard of their lives fortunes and estates in the preservation of the wel-fare of the people and a Monarchy which is of more then one thousand years continuance and being a duty ought to be more cheerfully submitted unto then any Ordinances By Laws or Customes of any Cities Borough Towns or Corporations or those of the Lords of Mannors by Grant Allowance or permission of Royal Indulgences or those of the City of London that great ingrosser of Liberties and priviledges who besides their Court of Wards and Orphans which yeildeth them very great yearly profits and advantages do receive take amongst many other things not here particularly mentioned by a Grant of King Henry the third of his Tolles at Queen Hithe Belines Gate and Downgate and else where in the City of London for a small Fee Farm Rent of fifty pounds per annum if enjoyed by so good a title which were formerly taken for the Kings use For every Tun of Beer carryed from Billingsgate by Merchant Strangers beyond the Seas four pence out of every hundred of Salmons brought to Queen Hithe by foraigners or such as are not free of the City two Salmons for every thousand of Herrings bought in Shops an haâ—f penny twenty six Mackarels out of every Mackarel Boat one Fish out of every Dosser of Fish not having in it Mullet Ray Congre Turbut c. Two Salmons out of every Bark which bringeth Salmons out of Scotland some Sprats out of every Boat or Barke with Sprats two pence of every Oyster Boat out of every Bark or Boat of Haddocks twenty six Haddocks out of every Ship or Bark laden with Herrings from Yarmouth two hundred Herrings for all kind of Fish brought to London after the same rate as was paid to the King at London Bridge for every Ship Bark or Vessel not belonging to London or
or any manner of Article contained in that Charter willed and granted that such manner of Statutes and Customes should be void and frustrate for ever Anno 28 Ed. 1. Artic. super Chartaâ— ca. 2. upon complaint that the Kings Ministers of his house did to the great grievance and damage of the people take the goods as well of the Clergy as the Laity without paying any thing or els much less then the value It was ordained that no Pourveyors should take any thing but for the Kings House and touching such things as they should take in the Country of meat and drink and such other mean things necessary for the house they should pay or make agreement with them of whom the things should be taken nor take more then should be needfull to be used for the King his Houshold and Children with a Proviso therein that nevertheless the King and his Counsel did not intend by that Estatute to diminish the Kings Right for the antient prices due and accustomed as of wines and other goods but that his Right should be saved unto him in all points Anno 16 Ed. 2. the King sent his Writ to the Justices of the Court of Kings Bench then not so fixed as now or of later times to command them to take care to punish the Infringers of those Lawes And howsoever the Articles and inquiries in the Eyres in the Reign of King Edward the first were to enquire and punish those Sheriffs Constables or Bayliffs which took any victuals or provisions for the King or his Houshould which shews that then also no Markets were kept at the Court gates nor that all the Kings provisions were there bought or taken contra voluntatem eorum quorum Catalla fuerint without the will of the owners which in all probability was to be regulated and perswaded by that duty and loyalty which every good Subject coming to a Country or City Market did bear to his Soveraign and the Preserver by his authority and power of not only what they brought to Market that day but what was left at home or to be brought at other times to Market and the words sine consensu voluntate c. without the consent of the Seller are to be interpreted and understood saith Sir Edward Coke to have been inserted in that and other Statutes for that Pourveyers would take the goods of such men as had no will to sell them but to spend them for their own necessary use But afterwards some abuses like weeds getting in amongst the best corn or greatest care of the watchfull Husbandman happening in the manner of Pourveyances by taking them without warrant or threatning the Sellers or Assessors to make easie prices or not paying ready money or the Market rate for them or taking more then they needed or by greater measures making the Pourveyances for divers Noble-men belonging to the Court as of the Duke of Gloucester in the Reign of King Henry the sixth and in his time also some Hostlers Brewers and other Victuallers keeping Hosteries and Houses of retailing victuals in divers places of the Realm having purchased the Kings Letters Patents to take Horses and Carts for the service of the King and Queen did by colour of them take horses where no need was and bring them to their Hosteries and other places and there keep them secretly untill they had spent xx d or xl.d. of their stuff and sometimes more and then make the owners pay it before their horses could be delivered and sometimes made them pay a Fine at their will and at other times took Fines to shew favour and not to take their horses and many times would not pay for the hire of the said horses and carts divers Acts of Parliament upon complaints at several times in Parliament of the said abuses committed by Pourveyers were made to prohibit and provide against them but none at all to take away the Pourveyance it self or Prae-emption or the Kings just Rights and Prerogatives therein but a saving of the Kings Rights especially provided for in many of them as Anno 10 Ed. 3. ca. 4. The Sheriff shall make Pourveyance for the Kings horses Anno 18 Ed. 3. ca. 4. In the Commissions to be made for Pourveyance the Fees of the Church shall be exempted in every place where they be found Anno 25 Ed. 3. ca. 1. after that in Anno 20 Ed. 3. divers Pourveyers had been attainted and hanged for fending against those Lawes and that in the 23. year of that Kings Reign divers of the Kings Pourveyers were indited for breach of those Lawes It was enacted that If any Pourveyer of victuals for the King Queen or their Children should take Corn Litter or Victuals without ready mony at the price it commonly runneth in the Market prized by Oath by the Constable and other good people of the Town he shall be arrested and if attainted suffer pains as a Thief if the quantity of the goods the same require Cap. 6. No Pourveyer shall take cut or â—ell wood or Timber for the Kings use for work growing near any mans dwelling house Et cap. 7 Keepers of Forrests or Chaces shall gather nothing nor victuals nor sustenance without the owners good will but that which is due of old right Cap. 15. If any Pourveyer take more sheep then shall be needfull and be thereof attainted it shall be done to him as a Thief or a Robber Anno 36 Ed. 3. ca. 6. No Lord of England nor none other of the Realm of what estate or condition that he be except the King and the Queen his wife shall make any taking by him or any of his Servants of any manner of victuals but shall buy the same that they need of such as will sell the same of their good will and for the same shall make ready payment in hand according as they may agree with the seller And if the people of Lords or of other doe in other manner and thereof be attainted such punishment of life and of member shall be done of them as is ordered of the buyers the occasion of the making of which Statute and the preceding Act of Parliament of 25 Ed. 6. before mentioned Sir Edward Cook informes us was a book written in Latin by Simon Islip Archbishop of Canterbury and before that a Secretary of State and Privy Councellor to King Ed. 3. called Speculum Regis sharpely inveying against the intollerable abuses of Pourveyers and Pourveyance in many particulars and earnestly advising and pressing him to provide remedies for those insufferable oppressons and wrongs offered to his Subjects which the King often perusing it wrought such effect as at divers of his Parliaments but especially in his Parliament holden in the 36 year of his Reign he did of his own will without the motion of the great men or Commons as the Record of Parliament speaketh cause to be made many excellent Laws against the oppressions and falshood of Pourveyâ—rs
or avarice by taking advantage of some particular persons folly or over-bidding and keeping up the excessive rates of the Market to the same or a more unreasonable price and not being willing to let them fall again to a lower price though there be plenty and reason enough to do it unlawful combinations and confederacies of Trades men to raise their prices or cause their wares to be made Slight or insufficient unconscionable adulterating of Commodities and making them seem what they are not to raise the greater prices evil Artifices of Forestallers of the Markets Ingrossers and Regrators who for their own ungodly gains can make a dearth and scarcity in the midst of plenty and like Caterpillars spoil and devour the Hopes of the years fertility the Landlords racking of rents and the price of all manner of houshold provisions and other things raised by the Tenants to enable them to pay them an universal pride and vanity of the Nation and enhaunce of prices to support them plunder miseries and desolations of War numberless tricks and deceipts of Tradesmen and fraud of the common and Rustick part of the people in the Counties neer London in keeping many of their Cattel half a mile or some little distance from the Fairs untill the Evening or much of the day be spent to make them to sell at greater rates frequent deceits of stocking or Tying up the Udders of Kine a day before hand to make them swell and seem to give great store of Milke And as many other tricks of Trade and deceit as the Devil and deluded consciences can invent And truely looked upon as causes or concurrent parts of the cause of the now grand and most intollerable inhaunce of the rates and pâ—ices of Victuals houshold provisions and other Commodities there will be little or no room for the supposed plenty of Gold and Silver to be either a cause or so much as any part of a cause of it Nor can be well imagined when as notwithstanding that betwixt the middle of the Raign of King Henry the eight and the beginning of the Raign of Queen Elizabeth the Gold and Silver Mines of the West Indies had by the Spanish cruelty to the Indians and their almost extirpation afforded such quantities of these baites of Satan and temptations as two hundred and sixty millions of Gold did appear by the Records of the Custom house of Sivill to have been brought from the West Indies into Spain all the plenty of that riches either by our Merchants bringing in of Bullion from Spain and its other Kingdomes and Provinces by Commerce or return of Merchandize did not so in England raise enhaunce the rates and prices of Victuals and houshold provisions but that we finde the Parliament of 24. H. 8. ordaining that Beef Pork Mutton and Veal should be sold by the weight called haber dupois no person should take for a pound of Beef or Pork above one half penny nor for a pound of Mutton or Veal above half penny farthing did believe they might be reasonably so afforded And the rates of Victuals and houshold provisions notwithstanding so increasing as in the yeer following It was ordained That Governors of Cities and Market Towns upon complaint to them made of any Butcher refusing to sell victuals by the weight according to the Statute of 24 H. 8. ca. 3. might commit the offenders toward untill he should pay all penalties limitted by the said Statute and were enabled to sell or cause to be sold by weight all such victuals for ready money to be delivered to the owner and if any Grasier Farmer Breeder Drover c. should refuse to sell his fat Cattel to a Butcher upon such reasonable prices as he may retail it at the price assessed by the said Statute The Justices of Peace Maiors or Governors should cause indifferent persons to set the prices of the same which if the owner refused to accept then the Justices c. should binde him to appear the next Term in the Star Chamber to be punished as the Kings Councel should think good And the same Parliament Enacting That upon every complaint made of any enhauncing of prices of Cheese Butter Capons Hens Chickens and other Victuals necessary for mens sustenance without ground or cause reasonable in any part of this Realm or in any other the Kings Dominions the Lord Chancellor of England the Lord President of the Kings most honorable Councel the Lord Privy Seal the Lord Steward the Lord Chamberlaine and all other Lords of the Kings most honorable house the Chancellor of the Dutchy of Lancaster the Kings Justices of either Bench the Chancellor Chamberlains under Treasurer and the Barons of the Kings Exchequer or seven of them at the least whereof the Lord Chancellor Lord Treasurer the Lord President of the Kings Councel or the Lord Privy seal to be one should have power and authority from time to time as the cause should require to set and tax reasonable prices of all such kinde of Victuals how they should be sold in gross or by retail and that after such prices set and taxed Proclamation should be made in the Kings name under the great Seal of the said prices in such parts of this Realm as should be convenient for the same Was not of opâ—nion that the plenty of Gold and Silver were any cause of the enhaunce of the prices or rates of Victuals but did in the preamble of that Act declare That forasmuch as dearth scarcity good cheap and plenty of such kinde of Victuals happeneth riseth and chances of so many and diverse occasions that it is very hard and difficult to put any certain prices to any such things yet nevertheless the prices of such Victuals be many times enhaunced and raised by the greedy covetousness and appetites of the owners of such Victuals by occasion of ingrossing and regrating the same more then upon any reasonable or just ground or cause to the great damage and impovershing of the Kings subjects Siâ— Thomas Chamberlaine qui mores hominum multorum vidit urbes who by his several Embassages fâ—om England into Foraign Countries in the Raigns of Kiâ—g Henry the eighth and King Edward the sixth was not a little acquainted with the customes of other Nations aswell as his own did in the Raign of King Edward the sixth in a Treatise entituled Policies to reduce the Realm of England unto a prosperous wealth and estate dedicated unto the Duke of Somerset then Lord Protector assign the causes of the high prices and dearness of Victuals far less then what is now to be abasing of Coyn and givâ—ng more then Forty pence for the ounce of Silver ingrossing of Commodities the high price of Wooll which caused the Lords and Gentlemen being by the suppressing of the Abbies and liberality of King Henry the eight waxen rich to convert all their grounds into Sheep Pastures which diminished Victuals ten Lordships to the great decay of Husbandry
have made in overplus and spare money and that Paul Bayning an Alderman of London could about the same time besides an Estate in Land of inheritance of almost six thousand pound per annum make a totall of his personal Estate of about one hundred and fourty thousand pounds which was as much or more then many thousand men in the County of Essex could above their necessary expences make in â—n overplus or sum of money And that if money were in England as plentiful as it was in Jerusalem in the happy Raign of the wise King Solomon when it was said to be in as much abundance as the stones in the streets yet if Corn Cattel and food should be scarce the greatest plenty of money we can imagine would not deliver us from that dearth which was in that Kingdom not many years after when Samaria was besieged making the excessive rates of an Asses head and a Kab of Pigeons Dung and whether money be scarce or plentiful if there should be a famine as it was in Israel when there had been no rain in three years when the heavens were as brass and the fruits of the earth failed no man can with any reason believe that the great rates or prices of Corn Victuals and houshold provisions were because there was plenty of Gold Silver for if there be a scarcity of the thing to be bought it must be the want of that and not the abundance of money that makes the dearness which if it be never so much cannot increase that little that is of the Commodity or thing to be bought nor the want of money make it to be any cheaper the want or plenty of it contributing in such a case nothing at all to the making that to be dear which when there is more of it will be sold at a cheaper rate for a little money whether they that are to buy it have little or more of money the want of money constraining him that sells to sell cheaper and the great store of money sometimes but not often or generally perswading the buyer to give more then one that hath not so much will be dâ—awn to give for it For as it is true that in Virginia where their principal Barter or Exchange is by Tobacco instead of money and is there many times used as their Coyn or money that where any man there is in want of Tobacco and must needs have it he will be willing to give more Beavers Skins or any other commodities which he hath for it then he would otherwise do if Tobacco were more plentiful or easier to be had And as certain likewise that when there is great store of Tobacco and it is in the language of Merchants and Tradesmen but as a Drug and of little price or value there will not be so much of other things or commodities given for it So it will be as true and certain that there is in no Kingdom or Country of Christendom especially in our Brittain and other world where howsoever some Cosmographers and Chartes or Mapps would by a great mistake make Gold to be a Native the Sun is not so amorous as to beget us Mines of Gold nor is there any probability that there ever were any neither is there any Tagus or River bringing any golden Sands along with it And that which we have of Silver is but rarely and seldom intermixed and lurking in our Mines of Lead there can be no ground for our belief or reason that there should be such a disesteem or under valuing of Gold and Silver in regard of any plenty of it as was amongst the Americans or West Indians when they would give great quantities of it for Knives Beads or other Toys which the novelty of them or their desires to have them made to be pretious or that there should ever be such a surfet of Gold and Silver which most of the sons of men do desire to get or keep as to make all things dear which are to be bought with it or to hinder that cheapness of things to be bought with it which will be of necessity where there happens to be an abundance which is the true and never failing cause of cheapness abstracted and altogether a stranger to any supposed plenty of money neither the want of money or plenty of it being generally any sole proper or efficient cause of cheapness or dearness which residing in the commodity to be bought or fold tanquam in subjecta materia as in its matter or subject regulates and makes the price when there are no fraudes or Artifices to disturbe it according as there is a scarcity or plenty of that which is to be bought or sold which is the cause that the scarcity of money hath not in all ages made or enforced a cheapness of commodities or houshold provisions to be bought with it nor a plenty of money made a dearness or enhaunce of prices nor any thing like or within many degrees of that which is nâ—w or â—ath been within forty years last past and they therefore will err toto Caelo who by misplacing thâ— cause would make the plenty or scarcity of the mensura or money to be either the cause of the scarcity or plenty dearness or cheapness of the Mensurata or things to be bought with it as by a retrospect into the course of former times and ages may be plainly manifested Where we may find the Britaines when the Barbarians drave them back to the Sea and the Sea put them back to the Barbarians grievously tormented with a famine and mortality which raged in the Land and with great desolations wrought by that dearth and after they had by repressing their enemies gained some peace and that produced such a plenty and abundance of all things as the like before no age had seen to have faln into great Riots and Excesses plenty of money there being then none or little in the Land not being any cause of the dearth or scarcity nor scarcity of the mony of the plenty of provisions The Saxons being oppressed with the invasion of the Danes and enforced to pay them a Composition of sixteen thousand pounds shortly after twenty thousand pounds afterwards twenty four then thirty and lastly fourty thousand pounds untill all the Land was emptyed of all her Coyne did not find their Victuals to be cheap in regard of their want of money but Victuals and all things to be bought with it to be dear by reason of the spoil of wars and Murrain of Cattel And they having in Anno Domini 1066 met with Talions Law and the Divine vindicta or punishment for their perfidiousness to the Britaine 's hastened by their excess of pride the women wearing as Ordericus vitalis a contemporary of William the Conqueror tells us far longer Trains or Garments then was necessary and the men striving to overtake the pride and vanity of Absolom in his hair or Bush of Excrement and so
of himself and his own posterity to further and advance the peoples cheating and oppressing of one another or to cause the King to pay the dearer or incur so great a damage as now it plainly appears he doth in his house-keeping for want of his Pourveyance when as all the Landed and rich men in England all the Farmers and all the Citizens and Tradesmen of the Nation the later of whom like aqua fortis can eat and make their way to be sauers thorough the dearest or highest rates or prices of houshold provisions by adulterating or raising their Commodities or as a London Brewer lately said concerning the Excise upon Ale and Beer that it should never hurt him whilst there was water enough in the Thames those of that profession being not contented to be repaid by the house-keeper the six pence rated for the Excise upon every Barrel of six shillings Beer unless they may leave out of such a Barrel of Beer six penny worth of Malt and make it by an half Boyling of it to save the expence of fire little better then so much half sodden water and are not satisfied also with such an unchristian cozening of the people and making their drink by such their doings and puting in Broom and other noxious ingredients in stead of Hopps to be as unwholsome as it is weak and naughty unless they may likewise cozen the King of his Dues upon the Excise and put as many tricks as they can upon him and his Laws and Officers and when by these and many other devices they make themselves very great gainers by the Excise in abusing both the King and his people are as busie as any in raising the cry against the Excise as a very great grievance and when all the Mechanick and Rustick part of the Nation workmen day-laborers maid-servants and men-servants shall not onely be savers but gainers by the enhance of rates and prices and the King onely and the poor of the Kingdom be the very great loosers and sufferers by it Or for the interest of the body Politick that the pinch and hardship should lye all on the Princes part and he onely be the greatest looser by his want of Praeemption Pourveyance or Compositions of the Counties as he had formerly be as an Amorite or stranger in our Israel and pay usury for his victuals by being constrained to give two parts in three or more sometimes then fourty per cent for the houshold provisions which his officers and servants do buy or provide for him four parts in five in many things six parts in seven in some other more then the Market rates and prices were in the beginning of the Raign of Queen Elizabeth when the Compositions were made by the Counties and willingly assented unto or that now there is a greater plenty of Food and houshold provisions Trade and Manufâ—cture then were in the former ages and all things may be afforded to be sold as cheap as they were retroactis seculis or some hundred years ago or as they were in the four and twentieth year of the Raign of King Henry the eight and cheaper then they were in the beginning of the Raign of Queen Elizabeth every thing should be dearer to him then to others or that so great an increase of Rates and Prices as have been within this last hundred years and all the mischiefs and inconveniencâ—s of them which have been brought upon the King and his people by private and particular interests the non execution of good Laws and the neglect and carelesseness of the subordinate Magistrates Justices of Peace and Clerks of the Markets should with an addition be continued and fixt upon the King who if he should resume but his Tolles in Fairs and Markets which the Civilians do rightly enough derive a tollendo from taking many of which are now accompted to be as the proprieties inheâ—itance of private men or Lords of Mannors are in some cases more by the indulgence of the Kings Royal Progenitors and a prescription claimed by long enjoyments or continuance of favors then de jure or were by grants or confirmations allowed where they were before but usurped and with-held from him and a Royalty and prerogative so antiently allowed in the Roman Empire as Valens and Valentinian the Emperors a mercatoribus seu negotiatoribus quae ad domum imperialem pertinent exegerunt necessitatem debitam pensionum ex emolumentis negotiationum did raise a good part of their Pourveyance or provisions for their houshold out of the Tolles or profits made by Fairs and Markets those of the people of England who do claim an exemption from the payment of them and those very many proprietors of Lands or Mannors who by many Royal grants and favors do claim and enjoy the profit of the Tolles would finde to be a greater damage and prejudice unto them then that which the Olivariaâ— party and the troublers of our Israel pretended to be by the Royal Pourveyance or Compositions for them or should as he never doth let his Lands to the uttermost penny measure his gifts or bounties by that of private men and proportion his favors according to his wants or occasions of keeping or saving what he can for himself or the ingratitude or forgetfulness of those which receive them and be as unwilling to answer acknowledge benefits as too many are unto him or take his Reliefs Herriots First fruits Fee Farms Quit Rents Customes Fines for alienation Fines certain or incertain of his Copyhold estates at the full and present value and the Fees for his Seals in Chancery and the other Courts and all his Subsidies according to the alteration of monys the disproportion betwixt the present and the former rates there would be cause enough for them to acknowledge his favouâ—s already received and believe that those small retributions in his Pourveyance or Compositions for them will bear so small a part in the Ballance as they should rather lay their hands upon their mouths and rest assured that they which are daily craving and gaining by the King and blest with a peace and plenty under his government cares and protection should be ashamed to make him to be so great a looser and themselves such gainers by his loss and damages And that it can no way become them to suffer him that granted or confirmed their Fairs and Markets to be oppressed by them pay a shilling and many times more for every groat he disburses for his necessary occasions and at the same time in the distribution of his bounties and rewards give a shilling more for every groat which he intended to give shall be kind to every body and receive in acknowledgement thereof no more then to get keep all they can from him which in their own particular estates would bring no less then ruine to all the people of England and those that so very much enrich themselves by putting him to more expences then