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A54682 The antiquity, legality, reason, duty and necessity of præ-emption and prourveyance, for the King, or, Compositions for his pourveyance as they were used and taken for the provisions of the Kings household, the small charge and burthen thereof to the people, and the many for the author, great mischiefs and inconveniences which will inevitably follow the taking of them away / by Fabian Philipps. Philipps, Fabian, 1601-1690. 1663 (1663) Wing P2004; ESTC R10010 306,442 558

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by his own finger or spoken by his own mouth give all the Nations of the Earth a pattern or direction for Pourveyance and gratefull acknowledgements in his reserving the Tenths or Tithes for his Priests or Clergy notwithstanding their Glebe and 48 Cities with the Pomaeria's or Lands belonging unto them and their shares and parts out of the multitudes of Sacrifices with many other Fees and Priviledges which were for a further support and provision for them great offerings of Oxen Silver and Plate brought unto the Tabernacles by the Princes and the Heads of the houses of their Fathers which God himself directed Moses to receive and dispose amongst the Levites and the offerings at the Feast of the Passeover which later if not brought were to be very poenal to the refuser in being to be cut off from his people their Offerings and Free-gifts and First-fruits and that which was brought by Gods direction as a Pourveyance for the building of the Tabernacle which was then the only Church Which our fore-fathers the Britans as well as the Saxons had so good a mind to imitate as they did in the Feast of St. Martin yearly offer to the Church for their Ciricksceat or contributions to the Church certam mensuram bladi Tritici a certain measure or quantity of wheat and at Christmas gallos gallinas Hens and Cocks which in a Synode or Councell holden in Anno 1009. at Aenham in England were interpreted to be Ecclesiastica munera contributions to the Church and long before that established by a Law of King Ina's under a great penalty and by a Law of Canutus long after laid under a greater penalty of eleven times the value of the Bishop and two hundred and twenty shillings then a very great summe to the King And it may be remembred that our Saviour the blessed Son of God whilest he was upon Earth and was the Messiah or King of Israel long before prophecied and to ride as a King in a kind of triumph into Jerusalem and would not use unfitting or unjust wayes and means unto it did send two of his Disciples for a Colt or Foal of an Ass to ride upon with no other answer or satisfaction to be given to the Owner but that the Lord hath need of him and streight way he will send him hither which a learned Commentator upon that place understands to be some exercise of a Kingly power to convince the stubborn Jews of his Kingly office But if the Royall Pourveyance or Compositions for them shall be so unhappy as not to be able to grow or prosper upon the Stocks of gratitude or those every daies benefits quae magna accipientibus ac etiam dantibus which are great to the receivers if rightly valued and great and costly to the givers which the people of this might be fortunate Island have for those many ages and hundreds of years past had and received of the Kings and Monarchs thereof The contracts and agreements made with the several Counties for the Pourveyances their willing submission thereunto if the King had no former right as he had a sufficient one thereunto can no less then induce an Obligation that naturalem rationem honestatem naturalem juris fidei vinculum quibus necessitate omnes astringuntur natural reason and honesty with the Bonds and Tyes of the Law and common faith which ought to be in every man and one unto another And being the great Peacemakers cement and quiet if observed as they ought to be in all the affairs of mankind brings with them or are to enforce a necessity of performance But if the obligations which the faith and contracts of one man to and with another which generally binds the most rude and ignorant of mankind and the Heathen as well as Christian shall not be able to make any impression upon us Or if Gratitudes Duties and Retributions to our King and Common Parent can by any rules of Law or Reason be interpreted or understood to be no more then a Custome All the subordinate ranks and degrees of the People and Subjects of England might be perswaded to follow the counsel given by the blessed Redeemer of Mankind which the Emperor Severus and some of the Heathen Roman Emperors by the only light of nature could as if they had read his Gospels propose afterwards almost in the very same words of Doe unto others as they would have others doe unto them and believe that the legall priviledges and customes of the King in his Praeemption Pourveyance or Composition for his Houshold who gave or confirmed unto them all their Priviledges and Customes being rationabiles and by the Civil Law are unde●stood to be legitime praescriptae most reasonable and lawfully prescribed or used when they are bona fide and but for forty years and ought to be inviolabiles quia nec divino juri nec legibus naturae Gentium sive municipalibus contradicunt inviolable when they contradict not the Laws of God Nature and Nations and the Laws of the Land neither are nor can be any grievance but are justly due unto him as he is their Supreme when as it was well said by Judge Barkeley in his Argument in the Exchequer Chamber in the Case of the Ship-money unhappily there put to a dispute the whole Realm is but one body whereof the King is the head and all the Members doe center in that body and if one member epecially the head do suffer all the rest will suffer with him and though every man hath an Interest in the Common-wealth yet the Kings Interest is incomparable and beyond all others And the Compositions for the Pourveyance being not only a duty and a custome now above 88. years reckoned but from the 3. year of the reign of Queen Elizabeth which was the time of the first agreement or compositions for the most of the Counties of England and Wales to the death of King Charles the Martyr and from his death to the restauration of Charles the second his Son our gracious Soveraign in the twelfth year of his Reign will yeild no less a Totall of years then one hundred which is justly accompted to be a time immemoriall or beyond the memory of man and makes a more warrantable prescription and ground of Title then that in King Henry the seconds Reign tempore Henrici Regis Avi in the time of King Henry the first his Grandfather or post coronationem suam after his own coronation or post ultimam transfretationem in Normanniam after his last going over into Normandy or that in Henry the thirds time post ultimam transfretationem in Britanniam or that time of Limitation by the Statute of 32 H. 8. ca. 2. of 50 years for bringing of Writs of Right and Formedons c. And in the Kings case being a greater Epocha period or account of time must needs be the best of Prescriptions
by King Francis the first for that they could hinder their passage thorough their Towns or coming into them and after upon the Country to be paid without exemption of persons or allowance of priviledge with an addition of charge added thereunto by an Ordinance of that King for the maintenance of the seven Legions of Foot consisting of six thousand men a peece for the safeguard of the Kingdom the tenths of all the Benefices and Dignities Ecclesiasticks and Commonalties erected into Benefices which have a Revenue in perpetual succession les deniers Communs or monies imposed upon Cities and Towns for the repair fortification or defence of them or of any Castles or Forts to which all are to contribute without exemption the rights and payments due out of very many Bishopricks and Archbishopricks for Quints and Requints Rachapts Censives Lots Ventes Saisines Amandes Justices Greffes Auboines confiscations the Estappes or Annonae militares free quarterings or Provisions for the Armies or souldiers in their March or encampings contributions in times of peace pour le Ban arriere Ban upon Fiefs and Tenures lev●es de Chevaux Charriotts a leavy upon Carts and Carriages le Traicte Imposition forraigne being a twentieth penny extending to all commodities that are carryed by Land out of the Kingdom into other Kingdoms and Territories as out of France into Catalonia Spain Lorraine Savoy Flanders and Italy makes as much as an Excise upon Corn Wine Oyle Flesh Fish Poultery Herbs Fruits and all sorts of Victuals and Provisions for the Belly and the Back All which before mentioned Taxes and Impositions being become as the Sieur Girard du Haillan saith who wrote in the later end of the Raign of their King Henry the fourth Patrimonial and Hereditary or as Droits du Domaine without any distinction betwixt the times of war or peace and leavied as the ordinary Revenues of the Crown of France have been by the Artifice of Lewis the 11. and other his successors more then doubled or trebled by other Tailles Taxes and Impositions which are laid upon extraordinary occasions by the Kings Ordonnances or Letters Parents quand bon lui s●mble at his own will and pleasure and so much as the Sieur de Haillan complains that ilz ne se sont contentez des dites Tailles mais peu a peu ont mis sur le dos du pa●ure peuple les autres impositions depuis on a mis Taille sur Taille imposition sur imposition dont la France se est esmeüe contre ses Roys ils en ont cuide perdre la France they were not content with those ordinary Taxes but by little and little have put upon the backs of the poor people Tax upon Tax and Imposition upon imposition which caused a sedition and rebellion amongst the people which had almost lost or destroyed all France and in stead of diminishing are more and more increased though their good King St. Lewis who raigned in Anno Domini one thousand two hundred and thirty did upon his death bed in the words of a dying man as Bodin saith inserted into his last Will Testament exhort his son Philip to be legum Morum sui Imperii Custos vindex acerrimus ac ut vectigalibus tributis abstineret nisi summa necessitas ac util●●atis publicae justissima causa impellat to be a Guardian and severe observer of the Laws and customs of his Kingdom and abstain from Taxes and Impositions unless there should be a great necessity or it should appear to be for the good of the people and that afterwards Philip de Valois did in an Assembly of the three Estates in Anno one thousand three hundred thirty eight Enact and decree ne ullum Tributi aut vectigalis genus nisi consentientibus ordinibus imperaretur that no kinde of Tallage or Tax should be leavyed without the consent of the three Eastes So very many have been day after day added as there is not to be wanted a Tax or Imposition for Pi●s for the Queen and for Clouts against her time of Child-bed with Daces or Tributes Peages Impositions upon the going out and in of Towns and other places Taxes for passage upon the high ways Emprunts generaux particuliers borrowing of money in general or particular ad nunquam Solvenda never to be paid again vente confirmation des offices sale of Offices and places of Justice and Judicature which their ancient and fundamental Laws and customes do forbid and being cut into small parts and multiplyed do make up a very great Total or number and by a common and publike Merchandise of them have increased those great corruptions delays and intrigues of Justice by appeals and otherwise which our learned Fortescue Chancellor to our King Henry the sixth observed in the time of his Exile was no small grievance of the people and made that litium fertilitas abundance of suits and controversies which their own Learned Bodin doth ingeniously acknowledge to be so very many as vix in omnibus Europae Regionibus imperiis tot lites sint quam in hoc unto Imperio there are not so many suits in Law almost in all the Counties and Kingdoms of Europe put all together as they were in his time in that one Kingdome of France which besides the Ottroys or aydes granted by the three Estates and universal consent of the people upon publike and great emergencies and occasions are with many Arbitrary Taxes and Assessements as the King or the necessities of War or State shall require much the more burdensome to the Pesants Bourgeois and Artizans or a third or lower estate of the people for that all the Clergy so long as they live Clericalement without taking of Farms or dealing in Lay matters which with their Tenants and dependencies have been in the Raign of King Henry the fourth reckoned to be an hideous number are to be exempt from the Tailles or Arbitrary Taxes as likewise all the Nobility and Gentry which are many and very numerous both in the greater and lesser sort of them and that most men of any Estate both of the long Robe or Lawyers or soldiers or other lower ranks do by purchase procure themselves to be of the nobless or Gentry for that they are thereby to be freed from arbitrary Tallages insomuch as some thousands have been at once enfranchised made Gentlemen and inrolled into that condition or quality for such lands as they hold in their hands there being amongst those which are exempted also reckoned the Domesticks of the King and Queens the house and Crown of France and their sons daughters brothers and sisters if they do not Traffick or negotiate further then with the increase of their own Lands and Revenues With such also as are exempt by pa●ticular Mandates and Ordinances of the King as amongst the souldiers and Life Guards the Captains Lieutenants Cornets Guidons Quartermasters men at Arms Archers Fourriers