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england_n ambassador_n king_n pope_n 4,544 5 7.1893 4 true
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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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for Tillage and Pasturage agros luxuriantes rich and fertil Lands watered and enriched with many Rivers her Mountains and Downs covered and replenished with Sheep and far more then they were before the Raign of King Edward the third abounds with Corn Butter Cheese and all manner of Commodities for the u●e and livelyhood of mankind and by a greater improvement of all the Lands of the Kin●dom within this last Century or hundred yeares then was in three or four hundred yeares before and by watering marling and burning the more barren parts of it is gone far beyond the time and expectation of our Fathers and Progenitors either Brittaines Saxons or Normans and is in the yearly value of Land increased in many parts or particulars thereof twenty thirty or fourty to one more then it was insomuch as we may to our comfort say and believe that Forraign Writers were well acquainted with our happiness when they called England the Court of Ceres and as Charles the great or Charlemaigne of France our neighbor was wont to term it the Granary of the Western world a Paradice of Pleasure and Garden of God and was many ages before in the Brittish times so fruitful in all kinde of Corn and Grain as the Romanes were wont yearly to transport from hence with a Fleet of eight hundred vessels then but something bigger then Barges great store of Corn for the maintenance of their Armies and our Brittains could before those large improvements of Lands and Husbandry which have been since made in it declare unto the Saxons when they unhappily called them in to their aid and took them to be their friends that it was a Land plentiful and abounding in all things Pope Innocent the fourth in the Raign of our King Henry the third called it Hortus deliciarum a Garden of delights ubi multa abundant where all things are plentiful And in the Raign of King Edward the third where there was small or very little enriching or bettering of Lands compared with what it is now the English Leigier Embassadors at Rome hea●ing that Pope Clement the sixth had made a grant as he then took upon him to the King of Spaine of the Fortunate Islands now called the Canaries did so believe that to be England which was then granted by the name of the Fortunate Islands as they made what haste they could home to inform the King of that which they believed to be a danger And may now more then ever well deserve those Encomiums or commendations which our industrious Speed hath given it that her Vallies are like Eden her Hills as Lebanon her Springs as Pisgah her Rivers as Jordan and hath for her Walls the Ocean which hath Fish more then enough to feed her people if they wanted Flesh and had not as they have such innumerable Herds of Cattle flocks of Sheep such plenty of Foul Fruit Poultery and all other provisions on the Land for the sustenance life of man to furnish the delicacy of the richer part of the people and the necessities of the poorer if they would but lay aside their too much accustomed Lazines and carelesseness with which the plenty of England hath infected her people and not suffer the Dutch to enrich themselves and make a great part of their vast Commerce and Trade by the Fish which they catch and take in our Brittish Seas multiplying the stocks of their children and Orphants whilst too many of ours for want of their parents industry have none at all or being ready to starve or dye do begg up and down the streets when the waters have made her great the Deep hath set her on high with her Rivers running round about her plants and sent out her little Rivers unto all the Trees of the field when she is become the Merchant for many Isles hath covered the Seas with her ships which go and return a great deal sooner then Solomons Ships to or from Ophyr searcheth the Indies and the remotest parts of the earth to enrich her borders and adds unto her extraordinary plenty the Spices Sugar Oyl Wine and whatsoever foreign Countries can produce to adorn our Tables which former Ages wanted or had not in so great an abundance And that her people are now if so much no more numerous than formerly by her emptying of multitudes of her Natives into Ireland since the Raign of King Henry the Second many of whose Inhabitants have been English transplanted gone thither by our many great Plantations since the middle of the Raign of Queen Elizabeth sent into America as Virginia Bermudas New-England Barbadoes St. Christophers Mary-Land Charibe Isles Me●is c. By our many Voyages at Sea and to the Indies more than formerly our Fishing in Newfound Land which we had not in former dayes our Nursery of War and Regiments of English in Holland and the United Provinces and our greate● than formerly Luxury use of Physick and shortning the lives of the richer part of the people by it When the Provisions for the Kings Houshold or the Compositions for them in so great a plenty as England is now more than formerly blessed with notwithstanding that we do keep fewer Vigils Fasting Eves than heretofore and do as it hath been an usage custom of this Nation eat more flesh in every one month of every year the time of Lent excepted which since the Reformation of our Religion the return of it from the now Church of Rome to that which is more Orthodox is very little at all or not so well observed as our Laws intend and it ought to be than all France Spain the Netherlands do in every year would if the Universal Pride Luxury of the people and their Racking and Cheating one another to maintain it did not hinder it be as cheap or cheaper afforded than it was heretofore For that our Ancestors well approved and much applauded customs of Hospitality are almost every where turned out of doors and an evil custom of eating no Suppers which a Tax for a little time of as much as was saved by one meal in every week introduced and brought into fashion to maintain the Grand Rebellion hath helped the Back to cozen the Belly and the Back with its Brigade of Taylors and all other the abused and retaining Trades to Lucifer hath cheated and rooted out Love Charity and good House-keeping and retrenched much of the Provisions which were wont to be better employed That the Lands of most part of the Monasteries and Religious Houses in England and Wales and their yearly Revenues which at the old easie rates were in or about the Raign of King Henry the Fourth computed to be sufficient and enough to maintain fifteen Earls which after the rate of Earls in those dayes and their great Revenues could not be a little fifteen hundred Knights six thousand two hundred Gentlemen and an hundred Hospitals besides ●wenty thousand pounds per Annum to be given
to the King many if not all of which were by Priviledges or otherwise exempted from Pourveyance and being at a low and great undervalue in the latter end of the Raign of King Henry the Eighth now above one hundred years since of the yearly value of one hundred eighty six thousand five hundred twelve pounds eight shillings peny farthing now improved unto more then Ten times that yeerly value are for the most part of them come to be the inheritance of Lay-men And too much of the Revenues of Bishops which by a sacrilegious alienation from the Church are not enjoyed by any of the sons of Levy A great part of the Lands belonging to Monasteries or Religious houses by custome or exemption become Tythe free The greatest part of 3845. Appropriations or Impropriations which had been formerly designed and given ad mensam unto several Monasteries and Religious houses for the better support and maintenance of their hospitality and which before contributed nothing to the Kings Pourveyance now made to be a Temporal and Lay inheritance Many Forrests and Chaces and a great part of other Forrests and Chases Deafforrested much Assart lands and many Parks converted to Tillage or Pasture No Escuage paid since the Reign of King Henry the sixth nor Aid leavyed to make the Kings eldest son a Knight or to marry his eldest daughter for above fifty years during the Reign of King Edward the sixth Queen Mary and Queen Elizabeth and very many Copy-hold estates which usually paid nothing at all to the provisions for the Kings houshold converted into Freeholds Many Fenns and Imbancked Marshes consisting of some hundred thousand Acres Drained or recovered from the Sea An Espargne or saving more then formerly of much money very far surmounting the yearly charge damage or losses by the Kings Pou●veyances in the purchase or procuring the Popes Bulls which as was affirmed in the Parliament of 25 H. 8. had betwixt that time and the fourth year of the Reign of King H. 7. cost the people of this Kingdome threescore thousand pounds Ste●ling by being no more troubled with provisions to Benefices many chargeable Oblations to the Church and mony spent in Lamps or Ta●ers Pourveyance or provisions for the Popes Legates Shrines Copes Altarages extraordinary Masses Dirges Trentals relaxations faculties grants aboltions Pensions Censes Procurations rescripts appeals and long and chargeable journyes to Rome where as well as in England as their own Monkes and W●iters affirm the Pope did Angariis Injuriis miseros exagitare poll and pill the wretched English made Walter Gray a Bishop of England in the Reign of King H. 3. pay one thousand pounds for his Pall and at the breaking up of every general Council extorted of every Prelate a great sum of money before he would give them leave to depart chid William Abbot of St. Albans for coming to take leave of him without any present and when he offered him fifty marks checked and inforced him before he went out of his Chamber to pay one hundred Marks the fashion being then for every man to pay dear for his Benedictions lay down his money ready told before his Holiness feet and if present Cash was wanting the Popes Merchants and Usurers were at hand but upon very hard conditions to supply it And so great were his Emunctiones as Mathew Paris calls them exactions and impositions in England as a bloody Wolf tearing the Innocent sheep by sometimes exacting a third part of the Clergies goods and at other times a twentieth by aides towards the defraying of his own wars and other pretences sometimes exacting the one half of an yearly revenew of their Benefices and enjoyning them under the penalty of their then dreadful Excommunications not to complain of it or publish it sending his Legats or Predicatores to wring and preach money out of the peoples purses pro negotio Crucis under colo●r of making a war to regain Jerusalem and the Holy Land out of the hands of the Saracens and by such a multitude of other contrivances and extorsions as all the Abbotts of England vul●u Flebili capite d●●nisso were with great sorrow and lamentation enforced to complain to the King of the impossibility of satisfying the Pope eos incessanter torquen●i incessantly grinding tormenting them of his avarice and exactions toto ●undo detestabiles to be abhorred of all the world By Dispensations pardons lice●ces Indulgencies vows pilgrimages Writs cal●ed perinde valere breeves and other instruments of s●●dry natures names and kinds in great 〈◊〉 which in the Act of Parliament of ●5 H. 8. 〈…〉 the exonerating of the Kings subjects from 〈…〉 and impositions paid to the See of Rome 〈…〉 said to have greatly decayed and impoverished 〈◊〉 ●●t●llerable exactions of great sums of money the subjects of the Realm A freedom from the chargeable giving of great qu●ntities of Lands for Chantries and the weani●g of that Clergy by the reformation of the Church o● England from their over-sucking or making sore the Breasts or Nipples of the common people which the murmuring men of these times would if they had as their forefathers tried it more then seven times and over and over be of the opinion of Piers the Plowman in Chaucer who being of the Romish Church wrote in the unfortunate Reign of King Richard the second when the Hydra of our late Rebellious devices spawned by the not long before ill grounded Doctrines and treasonable positions of the two Spencers father and son began to Craule complaining That the Friars followed folke that were rich And folk that were poor at little price they set And no Cors in the Kyrkeyard nor Kyrke was buried But quick he bequeth them ought or quit part of his det Adviseth his friend Go confesse to some Frier and shew him thy synnes For while Fortune is thy frend Friers will thee love And fetch the to their Fraternity and for thee beseech To their Prior Provinciall a pardon to have And pray for the pole by pole if thou be pecun●osus Brings in a Frier perswading a sick Farmer to make his confession to him rather then to his Parish Priest and requesting him as he lay upon his death-bed to bestow a Legacy upon his Covent Give me then of thy Gold to make our Cloister Quoth he for many a Muskle and many an Ouster When other men have been full well at ease Hath been our food our Cloister for to rease And yet God wot unneath the foundement Performed is ne of our pavement Is not a Tile yet within our wones By God we owen fourty pound for stones And in his Prologue to his Canterbury Tales thus Characters such a Frier Full sweetly heard he confession And pleasant was his absolution He was an easie man to give pennance There as he wist to have a good pitance The di●use of the old and never grudged course of Sponte Oblata's gifts or presents to the King and the
the Tenants charges to the Lords Granary Gabulum mellis or Rent-honey 〈◊〉 gavel Rent-oates Wood-lede to carry home his wood Gavel or Rent-timber to repair his house and Gavel dung to carry out his dung often used in Kent where they think that in liberties and priviledges they doe surpass most of the other parts and Provinces of England And could at the same time also lay a greater burden upon the people then his pretended ease amounted unto in that his Law touching his own Demeasnes and enjoyn the Romescot or Peter-pence for every house or chimney which he had given the Pope larga ma●u penhenniter as Bromton saith and a charge upon the people to a perpetuity as he thought of that which the former Kings had made but some temporary grants of to the See of Rome with great penalties for the non payment thereof And under severe mulcts comm●nded the yearly payments of the Ciricksea● or Oblations for First fruits to the Church which was then as Mr. Somner saith à census s●●e in gallinis sive in aliis rellus pro aedium decima solvendis a Rent or Duty to be paid in Henns or other things for the Tithes of their Houses or as a Symbolum or munus gift or offering And though William the Conqueror had a great affection to establish Leges Noricas Danish or Norway Lawes then used in many Provinces yet was England so happy in its unhappiness as he did not but precibus Anglorum atque Normannorum deprec●tus tired with the petitions and importunities as well of his Normans as the English ut per animam Regis Edwardi qui sibi post diem suum concesserat c●ronam regnum cujus erant Leges nec aliorum extraneorum exaudiendo concederet eis sub legibus perseverare paternis as he respected the soul of King Edward who gave him the Crown and Kingdome and whose Lawes they were and not any strangers that he would not hearken unto them but give them leave to enjoy the Lawes of their Ancestors whereupon consilio habito precatu Baronum by the advice and counsel of the Barons when his conquering Normans as well as the subdued English thought it to be most for their good and safety to be governed by Edward the Confessors Lawes and the good old Customes of England he did after an enquiry of duode●im sapientiorum de quo libet comitatu quibus jurejurando injunctum fuit twelve of the wisest men of every County upon their oaths restore to them patriae leges their own Laws especially the Laws of Edward the Confessor which were first instituted by King Edgar and had long lain asleep but at the same time took a care by a Law made on purpose ne quis domino suo debitas praestationes which did then and antiently signifie services and duties to be done subtrahat propter nullam remissionem quam ei antea fe●erit that no man upon any release or discharge made thereof should withhold or deny his service or accustomed dues to the Lord which repealing as it were Canutus his Law did not certainly exclude the King or his Successors in their own particulars when as he procured by another Law ut jura regia illaesa servare pro viribus conentur subditi that all his Subjects should endeavour all they could to preserve his Regalities Et ex illo die the Laws of Canutus vanishing probably as those of Cromwell did Leges Sancti Edwardi multa autoritate veneratas per universum regnum corroboratas et observatas and from that time the Lawes of Edward the Confessor were greatly reverenced and through all England observed For we find not that Law of Canutus either repeated or mentioned as the Laws of some of the Saxon Kings were or any thing of that nature enacted or confirmed in or by the Laws of Edward the Confessor William the Conqueror or King Henry the the First but on the contrary the Laws of Edward the Confessor confirmed by William the Conqueror doe expresly ordain that debent enim et leges e● libertates jura et justas consuetudines regni et antiquas a bonis predecessoribus which could not well be meant or intended of any of Canutus or any the Denelage or Danish Lawes approbatas inviolabiliter modis omnibus pro posse suo servare every man ought to his utmost to keep and conserve the Lawes Liberties and Rights and the just and antient Customes of the Kingdome The Abbot of Ramsey was by a Charter of William the Conqueror exempt from carriages and Pourveyance And the Book of Doomesday which was made in the sixteenth year of his Reign and remains ever since an unquestionable record of the Kingdome is not without some vestigia or footsteps of Pourveyance in the Reign of that good and to this day ever honored King Edward the Confessor where it is said that tempore regis Edwardi reddebat civitas de Gloucester xxxvi l. numeratas xii sextaria mellis ad mensuram ejusdem Burgi xxxvi Dacras ferri C. virgas ferras ductiles ad claves navium Regis quasdam alias minutas consuetudines in Aula in Camera Regis in the time of King Edward the Confessor the City of Gloucester did pay yearly six and thirty pounds in money twelve measures of honey containing six Gallons a piece according to the measure of the Town six and thirty Dacres a proportion then known by that term of Iron and one hundred Rods of Iron to make nails for the Kings Ships and certain other small Customes for the Hall and Chamber of the King Et in Sciptone Rex tenet de annona xv l. the King had fifteen pounds per annum provision of corn and other victuals The Bordarii often mentioned in Doomesday Book were such as held Lands mensae domini designatas esculenta indicta videlicet ova gallinas aucas porcellos et hujusmodi ezhiberent appropriate to a Pourveyance for the Kings Table furnishing Eggs Hens Geese Pork and the like and for the Huscarles or houshold servants so called concerning whom it is there said Et gilda pro decem hidis scilicet ad opus huscarlum unam marcam argenti and he paid taxes for ten hides that is to say a mark of silver for the use or maintenance of them Tit Northantesceire reddit firmam trium noctium vel edulia ad caenam unam 30. lib. ad pondus made provision for one night of the value of thirty pound tit Oxenefordsc Comitatus Oxeneford reddit firmam trium noctium hoc est 100 lib. furnisheth provision for three nights of the value of 100 pound Et Doomsd. tit Wilts Wilton quando Rex ibat in expeditione vel terra vel mari habebat de hoc manerio xx sol ad pascendos suos Buzcarlos aut unum hominem ducebat secum pro honore quinque hidar●m when the King went