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A54694 Restauranda, or, The necessity of publick repairs, by setling of a certain and royal yearly revenue for the king or the way to a well-being for the king and his people, proposed by the establishing of a fitting reveue for him, and enacting some necessary and wholesome laws for the people. Philipps, Fabian, 1601-1690. 1662 (1662) Wing P2017; ESTC R7102 61,608 114

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most of their servile works without money and paid them besides an annual Rent in corn and other houshold provisions was to quiet the ruined English and by intermarriages of them and the Normans and Forreigners and other establishments to assure what was gained to their posterities the plenty and abundance whereof continuing through the reigns of King Stephen and King Henry the Second who greatly inlarged his Dominions by the Dutchy of Aquitain Earldomes of Aniou Main Poictou Touraine and other Provinces and parts of France the Lands of Henry de Essex his Standard-bearer by inheritance forfeited for the treason of throwing it down and flying and reporting that he was slain the Earldome of Lincoln Earldomes being then and long after not without great Possessions and Revenues belonging to them the Lands of William Peverell Lord of Nottingham Conquest of Ireland and whole Counties and Provinces thereof comming to be the Kings Demeasnes and the forfeitures to Richard the First of many of his Nobility and others who had taken part with his Brother John in his usurpation of the Regall authority All which with the Escheats and Forfeitures of the Terra Normanorum in England upon the losse of Normandy by King John unto the French confiscated Lands of a great part of the English Nobility and Gentry after the misfortune of Henry the Third in the unquietness of many of his Barons and People his better fortune in the battel of Evesham and subduing them in the forty ninth year of his Reign the accession to the Crown of the Earledoms of Derby Leicester Salisbury and the County Palatine of Chester with the vast Territories and Estates which belonged unto them and many other lesser Escheats and Forfeitures the Forfeiture of Roger Bigod Earl of Norfolk and his Earldome and great Possessions with divers other Escheats and Forfeitures the Principality of Wales and the Conquest of Scotland in the Reign of King Edward the First confiscating of the lands of inheritance for from the making of the Statute de Donis or Entails in Anno 13. of Edward the first untill Anno 5 6 of Edward the sixth Lands entailed were not forfeited for Treason of Thomas Earl of Lancaster Lincoln and Derby Humphrey de Bohun Earl of Hereford and Essex of the Lords Clifford Warrein Lisle Tutchet Cheney Mowbray Teyes Aldenham Badlesmere and Gifford and many other men of great note and eminencie to King Edward the second the lands of Mortimer Earl of March Edmund Earl of Kent and the Escheat of the great Estate and Inheritance of Hastings Earl of Pembroke to King Edward the third with several other confiscations and forfeitures and his Conquest of a great part of France the forfeitures of Robert de Vere Duke of Ireland Michael dela Pooli Earl of Suffolk of the Duke of Gloucester Earles of Arundel and Warwick and divers other great Inheritances to King R. 2. the marriage of John of Grant fourth son to King Ed. 3. to Blanch the sole daughter and heir of Henry Duke of Lancaster Earl of Derby Leicester and Lincoln making that of Lancaster to be as a Principality or little Kingdome which by Henry 4 5 6 and 7th Kings of England coming afterwards to attend the Royal Dignity accompanied by the forfeitures of the Dukes of Exeter and Albemarle Mowbray Earl Marshal Earles of Kent Salisbury Huntington Northumberland Stafford March and Worcester Owen Glendour Lords Hastings Despencer Falconbridge Bardolph and many others to King H. 4. and the lands of the Earldome of Oxford long detained by him confiscation of the lands of the Prior Aliens and all France conquered and in possession and many other great Estates coming to Hen. 5. by the Attainders of Richard Earl of Cambridge Earl of Northumberland Henry Lord Scroop the lands of Widevill Earl Rivers and divers other Barons the Dukedomes of Exeter and Somerset and Earldome of Devonshire and many other Lands and Inheritances forfeited to King Edward the Fourth the Lands and Estate of Henry Duke of Buckingham Earl of Stafford and Northampton and Lord of Brecknock and Holderness Henry Earl of Richmond and Jasper Earl of Penbroke with some other to King Richard the Third accumulated by the great and Princely Inheritance of Richard Duke of York and all the partakers of him and King Edward the fourth his brother with the Lands and great Inheritance of the Countess of Warwick gained by King H. 7. his fortune at Bosworth-field and the marriage and inheritance of the Royal and principall heir of the white Rose the confiscations of the lands of John Duke of Norfolk Earls of Surrey Warwick Lincoln Lords Lovel Welles Audley and divers others like many great rivers running into the Ocean of the Crown revenues made its Lands and Estate to be as vast in Demeasnes and Service as they were Princely and honourable Which being likewise abundantly enlarged by King Hen. 8. by the unprosperous dissolution of the Abbey and religious Lands which the envy of the Laity in the reign of King H. 4. had over and above as they said what would serve for the remaning Clergy computed to be sufficient and enough to maintain fifteen Earles which after the rate of Earls in those dayes and their grand revenues could not be a little fifteen hundred Knights six thousand two hundred Gentlemen and an hundred Hospitals besides twenty thousand pounds per annum to be given to the King which was then more then one hundred thousand pounds per annum is now and were at their dissolution six hundred forty and five Abbeys Priories and Nunneries ninety Colledges one hundred and ten Hospitals and two thousand three hundred seventy and four Chanteries and free Chappels then valued at one hundred-eighty six thousand fifteen pounds eight shillings penny farthing per annum And together with the forfeited Lands and Inheritance of Empson and Dudley George Lord Rochford Edmond de la Poole Duke of Suffolk the Duke of Buckingham Earl of Surrey Lord Dacres and divers others and the confiscation of his two great Favourites Wolsey and Cromwell the former of which left him the stately Palaces of Hampton-Court and Whitehall and the recontinuing of divers liberties withheld from the Crown by the Lords Marchers of Wales made so great an accession and increase as the Court of Exchequer was not thought to be comprehensive enough for the care and governance thereof without the short-lived Courts of the Survay and Augmentation and First-fruits erected by Act of Parliament for the separate management of the Ecclesiasticall Revenues By the dissolution whereof shortly after and not trusting the Exchequer with the better care thereof the regal revenues if Mr. Christopher Vernon a late antient and expert Officer of that Court hath not been mistaken or miscast it were not so little damnified as six hundred thousand pounds sterling or if plenty had not as it most commonly useth introduced profusion and carelesness might otherwise have been saved Which with the Lands and Inheritance of the Duke of
but carefully and duly estreat and certifie them every half year into the Exchequer in the Terms of Easter and St. Michael which the example of Hengham a Judge in the Reign of King Edward the first who for reducing an Amerciament or Fine of thirteen shillings four pence to six shillings eight pence in favour and pitty of a poor man was grievously fined and ordered to provide at his own charge the great Clock at Westminster may perswade them not to violate That the Ballance and In and Out of forraign Trade may be observed and reduced into Books to be yearly brought into the Exchequer but not with Blanks fair Seals Covers and Labels as they have used to be to little purpose That the more to encourage Merchants to an honest accompt and payment of their Customes to the King and to deal better with him it may be enacted that where any Ships of any Merchants and their goods and lading shall be taken in times of hostility with any other Prince so as it be not by the carelesness and neglect of the Merchants in carrying prohibited goods or the Captain or owner of the Ships in not making so good a defence or not arming or providing themselves so well as they ought the losses of such Merchants and shipowners duely estimated and proved before the Judges of the Admiralty shall be refunded out of the next Prizes which shall be taken from that Nation Prince or Enemy that took it the accustomed allowances to the Lord high Admiral and others first deducted That the wages of Servants now trebled more then what it was twenty years agone and of Labourers and Workmen very much increased by reason of the intollerable and unbecomming pride of clothes now in fashion amongst them by licence and imitation of times of pride disobedience disorder and rebellion and the folly of some of their Masters and Mistresses enjoyning them to wear clothes too high for them may be limited and ordered to be as they were before these last twenty years that every Master or Mistress that giveth more shall forfeit double the value to the King and that no Servant who hath formerly served in any other place be received or taken into service without a certificate or testimony of their good behaviour from their Maister or Mistress where they last served if they shall not appear to be unreasonable or for malice or any sinister ends to deny the same That the Tenths of all the Fishing in the British or English Seas by Barks or Busses now beginning to be instituted and taken into consideration which in part was intended to be had by King Edward the sixth upon the coasts of Wales Ireland and Baltimore by building a Fort or Castle upon the streight to command as Captain John Smith relates in his discourse of the benefits of Fishing in our English Seas a tribute for Fishing and if industry fail not is like if we but imitate the Hollanders who have hitherto enjoyed that which was none of their own and enriched themselves by our carelesnes to grow up to a great and not to be estimated National profit be paid and accompted for to the King and his Heirs and Successors who may well deserve it when as besides his Soveraignty of the Sea and the guard and protection of them by his Navie and Shipping he hath of late in the midst of his own wants and necessities for the better encouragement of his people to seek their own good and that which our British Seas will plentifully afford them given all his Customs inward and outward for any the returns to be made by the sale of Fish in the Baltick Seas Denmark and France for seven years for the first entrance into the Trade of Fishing That the rivers in England and Wales not yet navigable and fit to be made navigable may by a publick purchase of the Mills or Wears standing upon them and pulling down the Wears Kiddels hindring it attempted in the Reigns of King Henry the third and Edward the third by several Statutes made for the taking of them away be made navigable and a reasonable Toll or Custome upon every Vessell and Fraight paid to the King his Heirs and Successors That for the better support of our Nobility and the honours which they enjoy and that as starres in our firmament they may be able to attend the Sun their Soveraign and not suffer such Eclypses in their Estates and Revenues as too many have lately done that the Lions which should guard the Thrones of our Kings may not pine away or languish and the stately columns and pillars thereof moulder into ruins and decay and have small or unbecoming Estates to maintain them in the splendor of their Ancestors and the Royal Revenue not to be troubled or lessened by suits or requests to supplie them they may according to the intent and custome of the Fewdall Laws and the locality which ought to be in Earldoms and Baronies not be without some honorary possessions which was so usual and frequent in England as through the three first Centuries after the Conquest the Lands belonging to Earldomes and Baronies were accompted to be parcels and members thereof and the word Honor so comprehensive as it conteined and comprised all the Lands belonging thereunto as well as the Earldomes Baronies and Title which did in sundry of of our former Kings reigns grants pass and comprehend the Land as well as the Titles And that according to that laudable and ever to be imitated example of Thomas late Earl of Arundel and Surrey in obtaining an Act of Parliament in the third year of the Reign of King Charles the Martyr for the annexing of divers Baronies and Lands to the Castle and Earldome of Arundel inseparable and unalienable in contemplation of the poverty and small Estates of the then Lord Stafford and some other of the antient English Nobility wetherbeaten and wasted by the injuries of time or the luxuries and carelesness of their Ancestors The Dukes Marquesses Earls Viscounts Barons and Baronets of England leaving some other Lands to their own disposing for the preferring of younger children payment of debts and supply of necessities which accidents may cast upon them may be ordered to settle annex by like Acts of Parliament the Capita Baroniarum and chief Castles Manors and Lands belonging to their Earldomes Baronies or Estates competent and sufficient to keep up and sustain the honour and dignity thereof from the gripes or defilements of poverty and Adversities not to be aliened or separated from their Earldomes Baronies or Dignities as long as it shall please God to continue them That the antient use of the Exchequer be restored and the Kings revenues carefully collected and answered and that the Justices in Eyre of the Kings Forrests and Chases on this side and beyond Trent Clerkes of the Market and Commissioners and Clerks of the Commissioners of Sewers do duely certifie into the
them that the Church-wardens or Governours of every Parish as is usually done in Holland where by their excellent orders and care of their Poor very few are to be seen either wandring or miserable may upon poverty happening to any Family or the death of a Father or Mother of children goe or send to their houses as the Commissioners de aflictis at Amsterdam usually do lift up the broken hearted and enquire what are their necessities or what there is to maintain them and accordingly make provision for them by relieving the aged sick or impotent providing work for such as are able and putting out of children at fitting ages to be Apprentices or to service or some other imployments wherein we may well hope for those good effects which the like courses in France by the erecting of the Hospitals de dieu or other Hospitals in or about Paris have lately assured that the encrease and decrease of the poor in every Parish and the Collections and Assessments for them and Legacies and charitable uses given to the poor be yearly certified to the Clerk of the Peace of every City County at the Quarter Sessions to be holden after Michaelmas to be by him entred into fair Books with Calenders and Tables fitted thereunto publickly read before the Justices at the next Quarter Sessions after to the end that the Justices there assembled may duly consider thereof and make such further orders and Provisions as shall be fitting and requisite And that when the English Captives at Algier shall be released and no more likely to be in that condition the one pound per cent granted by Act of Parliament for that purpose or the like allowance and proportion for seven years to be allowed out of the Custome-house may be imployed to relieve and make a stock for the Poor of England And in regard that such as sue at Law in forma pauperis notwithstanding all the cares which have been hitherto taken by the Courts of Justice in assigning them Counsel and Attornies and ordering that no Fees should be taken they doe for want of money and those cares and diligences which are only purchased and procured by mony many times but tire themselves to no purpose and after many years expence of time and labour in trudging to and fro with their foul and tatered Bundles and Papers wither away die in the hopes of that which for want of a due assistance and vigorous prosecution they could never bring to pass That an Utter-Barrister or Councellor at Law be once in every three years appointed by the Lord Chancellor or Lord Keeper of the great Seal of England for the time being and to continue for that time and no longer in the high Courts of Chancery and the Courts of Kings Bench Exchequer and Dutchy of Lancaster and a Sergeant at Law in the Court of Common-pleas to be for the like time nominated and appointed by the Lord chief Justice of the Court of Common-pleas for the time being to be of councell assistant for all rights and duties of men and women suing in forma pauperis and as Counsel to assist and help the poor of the respective places in the prosecution and recovery of all Legacies and charitable uses given to them or penalties given or ordained by any Statute to be had or levied for their use or any Parish collections and assessements withheld from them for which they shall take no Fees but in a reasonable manner upon the recovery thereof or end of the said Suits And for their better encouragement may in all the Courts of Justice of this kingdom according to their said several nominations and appointments as well Superior as Inferior have a prae audience in those other causes next to the Councel learned of the Kings and Queens of England and the Prince or Heir apparent That in every County and City there be a publick Work-house to imploy the Poor in the manufacture of Woollen or Linnen cloth making fishing Nets or other Manufacture and that for their better encouragement they may as they doe in Holland after a competent number of hours in every day imployed in the work of the Publick be allowed two hours in a day to work for their own advantage notwithstanding that their lodgings diet and fitting apparrel be defrayed out of the Publick and that the Governours thereof may for their encouragement have the benefit and liberty of Exportation and Importation of any the said commodities without any Custome to be paid for the same upon the Certificate of the next Justice of Peace of such County or City upon the oath of every such Governour that the said quantities to be exported were made or wrought at the said publick Workhouse and upon the oath of such Governour that the commodities imported are to be imployed and used only in the said publick Workhouse And that the kindred of Poor living in any part of England and Wales not taking almes or overburdned with poverty may be sought out and enforced to a reasonable contribution according to their abilities towards the maintenance or providing for such Poor and decayed as within the eighth degree are of their own blood and lynage and where it may be put them into such a way of living as may exempt them from the fate of common servants or people taking almes or from being placed in common Workhouses that by such means and provisions to be made for the Poor which our Acts of Parliament and the careless and many times purloyning Collectors and Overseers of the Poor in severall Parishes have not yet performed And that all Nobility Gentlemen and others excepting such whose constant and necessary attendance upon the persons of the King Queen or Prince shall not permit the same having an Estate of Lands of Inheritance of the yearly value of one hundred pounds per annum or more above reprises and their houses of residence in any Parish of England or Wales not keeping their Christmas in the said house or Parish shall at every of the said Feasts pay unto the Poor of the said parish the sum of forty shillings or proportionably according to that rate of his or their Lands lying or being in the said Parish besides their other payments to the Poor collected and assessed in the said Parish That so the multitude of Beggars in England may no more be a Byword amongst other Nations that there may be no complaining in our streets nor such dismall and sad spectacles as the leprous blind lame and aged people and young children crying out for bread and ready to starve for want of food or clothing nor so many counterfeits or tricks to make an ill use of charities to uphold their lazy and ugly condition of life That the Clerks of the Peace and Assizes and every Justice of Peace shall take their oathes not to release or discharge or respite any Fines Issues Recognizances and Amerciaments forfeited due to the King