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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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many of them who having racked their Tenants to the utmost can leave their Ancestors great and stately houses in the Country as if they had been lately infected with the plague or were haunted with some Devils or Hobgoblins and employ their expences which would have been more honourably laid out in hospitality in treatments of two or three hundred pounds at a time some of our prodigal Gentry expending fifty threescore or an hundred pounds in a Suit of Apparrel can give it away after twice or thrice wearing to a Pimp Sicophant or flattering Servant and lose two hundred or five hundred pounds in a night at Dice or Cards give a hundred pounds for a needle work Band and expend two hundred pounds per annum for Periwigs and all the racked Revenue either laid out by themselves or their wives who vie who shall spend most in the wicked and vain pursuits of a detestable luxury and as if they held their Lands not as formerly by Knight service but by Lady service and their Ancestors had taken pains to leave them estates to play the mad-men withall do make sin the only Errand and employments of their lives and conversations and by their prodigal expences and confining themselves to some few dishes of meat dressed at the Common Cooks in London do leave their Foot-boys and Servants so little of it as they are many times constrained to be glad with the bones and scraps which would have been better bestowed upon Beggars and have reason enough to believe that their Masters can doe no miracles nor multiply loaves of bread or fishes But our Nobility and Gentry demeaned themselves in a more honorable noble and Christian way as may be understood by that of Thomas Earl of Lancasters expences in house-keeping in the Reign of King Ed. 2. when money was scarcer than now it is and yet the account from Michaelmas in the 7. year of the Reign of that King unto Michaelmas in the 8. year of his Reign being but for one year was in the Buttery Pantry and Kitchin three thousand four hundred and five pounds And there was paid for 6800 Stock-fishes so called and for dried Fishes as Lings Haberdines c. 41 l. 6 s. 7 d. for one hundred eighty four Tonnes and one Pipe of Clarret wine and one Tonne of white wine 104 l. 17 s. 6 d. gave costly Liveries of Furres and Purple to Barons Knights and Esquires and paid in that year 623 l. 15 s. 5 d. to divers Earles Barons Knights and Esquires for Fees The house-keeping of the Nobility being not then mean or ignoble when in the fourteenth year of that Kings Reign Hugh Spencer the elder was by Inquisition found to have been possessed of at his several Houses or Manors 28000 Sheep 1000 Oxen and Steers 1200 Kine with their Calves 2000 Hogs 300 Bullocks 40 Tons of Wine 600 Bacons 80 Carcases of Martilmas Beef 600 Muttons in the Larder and 10 Tons of Sider Richard Nevil Earl of Warwick in the Reign of King Henry the fifth had in his house oftentimes six Oxen eaten at a Breakfast and every Tavern was full of his meat and he that had any acquaintance in his house might have there so much sodden and roste as he could prick and carry upon a long Dagger Cardinal Woolsey Arch-Bishop of York in the Reign of King Henry the eighth kept no small house when as his Master Cook in the Privy Kitchin went daily in Velvet and Satten with a chain of Gold about his neck had two Clerks of the Kitchin a Surveyor of the Dresser a Clerk of the Spicery four Yeomen of the ordinary Scullery four Yeomen of the silver Scullery two Yeomen of the Pastery and two Pastery men under them in the Scalding house a Yeoman and two Grooms In the Buttery two Yeomen Grooms and two Pages In the Pantery two Yeomen and in the Waferie two Yeomen Nicholas West Bishop of Ely in the year 1532. in the 23 year of the Reign of King Henry the Eighth kept continually in his house one hundred Servants giving to the one halfe of them 53 s. 4 d. a piece then an allowance for a Gentleman Servant but now by an unreasonable and illegall rise and exaction of servants wages not the halfe of a Carter or Ploughmans wages and to the other 40 s. a piece and to every one of his Servants four yards of broad Cloth for his Winter Gown and for his Summer Coat three yards and a half and daily gave at his gate besides bread and drink warm meat for two hundred poor people Edward Earl of Derby in the Reigns of Queen Mary and Queen Elizabeth had 220 men in Checque Roll fed sixty eight aged persons twice every day besides all comers appointed thrice a week for his dealing dayes and every good Friday gave unto two thousand seven hundred poor men meat drink and money The Lord Cromwell in the declyning times of charity as Mr. John Stow well observed served twice every day at his ga●● two hundred poor people with bread meat and drink sufficient all the Gentry making it to be their honor in their lesser orbes to measure their Actions by those as good and honorable patterns And proportionable to their hospitality and the state and dignity of our then Nobility were the numbers of their Servants in their houses at home or in their journies or riding abroad many of the Knights Gentlemens Sons of England making it to be the best of their breeding education and way to preferment to serve or retain unto them insomuch as notwithstanding the Statute made against giving of Liveries or Badges 1 R. 2. cap. 7. and the suspicion which some of our Kings and Princes and King Henry the seventh had of their greatness and popularities the great so called Earl of Warwick in the Reign of King Henry the sixt rode with six hundred men in red Jackets embroidered with ragged staves before and behind Thomas Audley Lord Chancellor of England usually rode with many Gentlemen before him with coats guarded with velvet and chains of gold and his Yeomen following after him in Liveries not guarded William Paulet Marquess of Winchester did ride with a great attendance in Liveries and gave great reliefe at his gate and Edward Duke of Somerset did the like John de vere Earl of Oxford in the Reign of Queen Mary notwithstanding the rigour of the Law against Liveries and Reteiners which King Henry the seventh did so turn against one of his highly deserving Ancecestors as it cost him a fine of ten or fifteen thousand marks was accustomed to ride from his Castle of Hedingham in Essex to his City House at London Stone with eighty Gentlemen in tawny velvet Liveries or Coats and Chains of Gold about their necks before him and one hundred tall Yeomen in the like Livery of Cloth following him with the cognisance of the Blew Bore embroidered on their left shoulder Which being the custome of the good
he or his heirs did not unto the Lord or any of his Heirs of whom the Lands were holden his services within two years was upon a Cessavit per Biennium brought by the Lord and no sufficient distress to be found to forfeit the Lands so holden And from no other source or original was derived Escuage for the Tenants by Knight service not attending the King or their Lords in the wars which as Littleton saith was because the Law intendeth and understood it that the lands were at the first for that end freely given them whence also came the Aide to make the eldest Sonne of the King a Knight and to marry the eldest Daughter and the like assistances or duties unto the mesne Lords as gratefull acknowledgements for the Lands holden of them which the Freeholders in Socage are likewise not to deny and were not at the first by any Agreement betwixt the King and his particular Tenants nor likely to be betwixt the mesne Lords and their Tenants when the Lands were given them for that some of the mesne Lords might probably be without Sonne or Daughter or both or any hopes to have any when they gave their Lands and their Grants doe frequently mention pro homagio servicio in consideration only of homage and service to be done And being called auxilia sive adjutoria Aids or Assistances to their Lords who could not be then in any great want of such helps when the portions of Daughters were very much in vertue and little in mony and the charges of making the eldest Son a Knight the King in those dayes bestowing upon all or many of them some costly Furres Robes and the other charges consisting in the no great expences of the furnishing out the young Gentleman to receive the then more martial better used and better esteemed honour of Knighthood were reckoned by Bracton in the later end of the Reign of King Henry the third inter consuetudines quae serviciae non dicuntur nec concomitantia serviciorum sicut sunt rationabilia auxilia amongst those customes which are not understood to be services nor incidents thereof if they be reasonable But were de gratia ut Domini necessitas secundum quod major esset vel minor relevium acciperet and proceeded from the good will of the Tenants to help their Lords as their occasions or necessities should require Et apud exteros saith Sir Henry Spelman non solum ad collocandas sorores in matrimonium sed ad fratres etiam Juniores milites faciendos And with some forreign Nations as the Germans old Sicilians and Neapolitans not only towards the marriage of the Sisters of their Lords but to make also their younger Sons Knights For the good will and gratefull retorns of the Subjects to their Kings and Princes and of the Tenants to their Lords were not only since the Norman Conquest but long before practised and approved by the Britains the elder and most antient Inhabitants of this our Island and other world as is manifest by the Ebidiu or Tributum paid per Nobilium haeredes Capitali provinciae domino the Heirs of the Nobility or great men after the death of their Ancestors to the Lords or chief of the Province like unto as Sir Henry Spelman saith our relief which Hottoman termeth Honorarium a free gift or offering And that learned Knight found upon diligent enquiry amongst the Welch who by the sins of their forefathers and injury of the Saxons are now contented to be called by that name as Strangers in that which was their own Country that that Ebidiu was paid at a great rate non solum è praediis Laicis sed etiam Ecclesiasticis not only by the Laity but the Church-men And being not discontinued amongst the Saxons was besides the payment of Reliefs attended with other gifts and acknowledgements of superiority as well as thanks for Gervasius Tilburiensis in the Reign of King Henry the second when the people of England had not been so blessed and obliged as they were afterwards with the numberless Gifts Grants and Liberties which in the successive Reigns of seventeen Kings and Queens after preceding our now King and Soveraign were heaped upon them found oblata presents gifts or offerings to the King to be a well approved Custome and therefore distinguished them into quaedam in rem quaedam in spem some before hand for hopes of future favours and others for liberties or other things given and granted by the King and the Fine Rolles of King John and Henry the third his Son will shew us very many Oblata's or Free-will Offerings of several kinds which were so greatly valued and heeded as King Henry the third and his Barons in or about the 23 year of his Reign which was thirteen or fourteen years after his confirming of Magna Charta did in the bitter prosecution and charge of Hubert de Burgo Earl of Kent and chief Justice of England demand an Accompt de donis xeniis of gifts and presents amongst which Carucagii or carriages were numbred spectantibus ad Coronam appertaining to the Crown And upon that and no other ground were those reasonable Lawes or Customes founded that the King might by the Laws of England grant a Corody which Sir Henry Spelman ex constitut Sicul. lib. 3. Tit. 18. defineth to be quicquid obsonii superiori in subsidium penditur provisions of victuals made for superiors Et ad fundatores Monasteriorum and to the Founders of every Monastry though by the Constitutions of Othobon the Popes Legat in the Reign of King Henry the third the Religious of those houses were forbidden to grant or suffer any to be granted or allowed è communi jure spectabat corrodium in quovis suae fundationis monasterio nisi in libera Eleemosina fundaretur it belonged of common right to grant a Corrody in any Religious houses of their foundation if not founded in Franke Almoigne disposuit item Rex in beneficium famulurom suorum corrodium c. likewise the King might grant to any of his houshold servants a Corrody in any houses of the foundation of the Kings of England and as many were in all by them granted as one hundred and eleaven which that learned Knight conceived to be an argument that so many of the Monasteries were of their foundation Et issint de common droit saith the learned Judge Fitzherbert in his Natura Brevium and also of Common Right the King ought to have a reasonable Pension out of every Bishoprick in England and Wales for his Chaplain untill the Bishop should promote him to a fitting Benefice Which if the compositions for Pourveyances being reduced into contracts and a lawfull custome were or should be no other then gratitudes may be as commendable and necessary as those well approved Examples of thankfulness recorded in holy writ of Abrahams giving King Abimelech Sheep and Oxen
in many as Canterbury York Durham Lincoln Coventry and Lichfield Exeter Ely Winchester and Norwich much abated when as now by the rise of mony and prises they are greatly different from what they then we●e and are of some of those Benefices and Spiritual Promotions but the eighth or tenth and of many but the twentieth part And receives his prae-Fines and post-Fines Licences and Pardons of Alienation upon Common Assurances at less then a tenth and many times less then a twentieth part of the true yearly values of the lands or rates which the Law ordering the compositions to be upon oath intendeth him after the example of his Royal Father who permitted the yearly value of lands in Capite and by Knight-service to be found by Juries and Inquisitions at the tenth part of the now true yearly value when as by oath they were to find and certifie the true yearly values and all the Lands of the Kingdome but his own are raised and improved generally ten to one or very much in very many parts and particulars thereof more then what they were two hundred years last past in or about the Reign of King Henry the sixth when as the errable and pasture lands which are now in Middlesex let at fifteen or sixteen shillings per annum an Acre and Meadow commonly at forty shillings and sometimes at three pounds the Acre were in Anno 1 Ed. 3. at a farre lesser yearly value when two Toftes of Land one Mill fifty acres of Land and two acres of Wood in Kentish Town near London was of no greater yearly value then 20 s. and 3 d. and the courser sort of pasture land in Essex now let for 8 or 9 s. the Acre and Meadow at twenty or thirty shillings the Acre was then in that Countie and in many fertill Counties within sixty miles and farre less of London valued but at eight pence per annum and four or five pence the Acre errable and the like valuations were holden in licences of Mortmain in all his extents or values of lands seised for taken into his hands Received their primer seisins at the like small yearly rate and took for suing out of Liveries which may be resembled to a Copiholders admittance not a fifth part proportionably to what is now paid by Copiholders to their Lords of Manors and respites of homage as they were taxed and set in anno primo Jacobi in a very easie manner Did not in the valuation of Lands and Estates as some Lords of Manors have been known to doe whereby to rack and oppress the Widdows and Fatherless employ some Sycophants or Flatterers of the Manor to over-value them or have some Decoyes in the assessing of Fines to seem willing to pay or give as much when they are sure to have a good part of it privately restored unto them again or cause their poor Tenants to be misled and the more willingly cozen themselves by crediting hard and erroneous Surveyes taking Leases of their Copihold Estates or using some other unwarrantable and oppressive devices worse then the Pharisaicall Committees did in the renting of lands they had no title unto when they did put men to box one another by overbidding themselves at their wickedly improving Boxes But did according to his Father King James his instructions given to his Councel of the Court of Wards in the assessing of Fines for the Marriages of the Wards and renting of their Lands which too many of the Nobility and Gentry and other of his Subjects did never or very seldome order the Stewards of their Manors to doe order that upon considerations which might happen therein either by reason of the broken estate of the deceased want of provision for his wife his great charge of children unprovided for infirmity or tenderness of the Heirs incertainty of the title or greatness of the incumbrances upon the Lands they should have liberty as those or the like considerations should offer themselves to use that good discretion and conscience which should befit in mitigating Fines or Rents to the relief of such necessities Suffers the Fees of his Chancery and Courts of Common-pleas and Kings-Bench for the small Seals to be receved as they were in the Reign of King Ed. 3. and the Tenths reserved upon the Abby and Religious lands at no greater an yearly value then they were in the later end of the Reign of King Henry the eighth when they were first granted though now they are of a four times or greater yearly value The Fees of the Seals of Original and Judiciall Writs and Process in Wales as they were in the 34. year of the Reign of King Henry the eighth when the English Courts of Justice were there first erected takes six pence a piece for Capons reserved for Rent in Queen Elizabeths time the issues of lands forfeited unto him upon Writs of distringas at such small rates as six shillings eight pence upon one distringas and 10 s. at another which the Law intendeth to be the profits of the Lands distrained betwixt the Teste and the return of the Writs which would have amounted unto twenty times or a great deal more and receiveth his Fines upon Formedons and othe real Actions granted and issuing out of the Chancery at most gentle and moderate rates his Customes inward and outward at easie rates proportionable to such small values as the Merchants advantage to themselves shall give in or the Officers or Commissioners for the King at the Custome-houses shall at randome and without view think to be a favourable and easie estimate Some single ones of which before recited undervaluations besides the profits of the Tolls of Fairs and Markets if rightly and justly paid according to the true improved values or two of the most of them would make up in a constant Revenue unto him a great deal more then the Compositions for his Pourveyances yearly and lately amounted unto by the difference betwixt his rates or prices and those of the Market A due consideration whereof if there were nothing else to put in the Ballance might induce the Earls Marquesses and Dukes of England who have received their honors and dignities from his Royal Progenitors to permit him as well to enjoy his Pourveyance and reasonable support maintenance of the honor of himself and his Royal Family as they doe take and receive of him their Creation monies being antiently a third part of the fines and profits of the Counties whereof the Earls are denominated since reduced to a certain and yearly sum of money when as also not a few of them have had great and large Revenues given them by his Royal Progenitors to uphold and sustein their Dignities and Honors And the Bishops whose Bishopricks and Baronies and most of the Revenues belonging unto them were of the foundation of the Kings Royal Ancestors and received their Investitures and Temporalties from him may if they shall think the Compsitions for Pourveyances ought not