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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
pay one per cent for provision of Fortresses In the Kingdom of Barnagasso the King hath besides Silks and Cloth of Gold and other precious things for Tribute Horses and payeth himself 150. Horses to Pretious or Prete John Emperor of Ethiopia of whom he holdeth The Kingdom of Oghy besides a Tribute of Gold and Silver sendeth him yearly a thousand Beeves In Ethiopia the Prete or Emperor upon the coming or returning of Embassadors gives order to his Subjects or Vassals to furnish them with provisions for their Journey and not long agoe commanded one to whom he had but a little before given a little Lordship containing not above 80. Houses and two Churches to furnish an Embassador with five hundred Loads of Corn a hundred Oxen and a hundred Sheep The Gozagues do yearly pay to their King besides great quantities of Gold and Silver a thousand Beeves alive The Maldives do yearly pay unto their King the fifth part of the grains which they sowe and give him a Portion of their Coco's and Limmons and besides their Taxes compound also for fruits and honey The Princes and great men in Japan do contend who shall give most to the Caesar and almost impoverish themselves by their Presents All the houses in the City of the Kings Residence are by the King taxed towards the making of Fortresses In Firando in Japan when any forraign Merchants are by the King invited to see Playes and publick Shows they send Presents to him and every forraign Merchant that comes thither may not sell his goods untill he hath carried a Present to the Emperor And when any of the Kings white Elephants are brought unto him the Merchants in the City are commanded to come and see him and bring every one a Present of half a Ducat which altogether amounteth to a great sum of money In Industan when the Mogol goeth abroad or in progress euery one saith Sir Thomas Roe by whose house he passeth is to make him a Present Sir Thomas Roe himself doing it when the King or Mogol rode to the River of Darbadath All the Persian Merchants doe bring their goods first to the Mogol who buyes what he pleaseth and after his Officers have set the rate they may sell to whom they will All men strive to present him with all things rich and rare and no man petitioneth him for any thing empty-handed and thereby come to preferment some giving him one hundred thousand pounds in Jewels at a time The King of Achen commands those of Tecoo to bring thither their Pepper which none may buy but he and puts off his Surat commodities in truck to them at what rates he pleaseth and oftimes sends his commodities to Priaman and Tecoo enforcing them to buy them at his own rates none being suffered to buy or sell before he hath vented his own At Bantam the Governor or Protector so called useth to send in the Kings name to the people to serve him with sacks of Pepper some a hundred some fifty some ten some five at the Kings price which was a Riall less in a Sack then the Merchants paid Divers bring Presents of Rice and Cashes and some bring imbroidered cloth for the Kings wearing Nor were the more civilized part of the Heathen only accustomed to the way of Pourveyance or bringing provisions or presents to their Kings and Princes but the wild and savage part of them were by the Lawes of nature and glimmerings of the light of reason taught to doe it In Mexico in the West-Indies and its large Dominions under the Emperor Montezeuma containing 100 Cities and their Provinces the people did pay a certain yearly Tribute to the King for water brought by pipes into the City Those that hold lands did yearly pay unto him one third part of their fruit and commodities which they had or did reap as gold silver stones dogs hens fouls conies salt wax honey mantels feathers cotton and a certain fruit called C●cao which they there used for money also all kinds of grain Garden-herbs and fruits Some Towns paid 400 burdens of white Mantles others great Tropes of wood full of Maiz Fri●oles c. some four hundred burdens of wood others four hundred planks of Timber some every six moneths brought four hundred burdens of Cotton-wool and others two thousand loads of Salt two hundred pots of Honey twenty Xacaras of Gold in powder and some a Truss of Turkie stones and paid besides the King of Alzopuzalco a Tribute of Firre and Willow-trees towards the building of a City Divers Provinces are bound to provide fire-wood for the Kings house amounting unto two hundred and thirty weight a day which was five hundred mens burdens for the Kings particular Chimnies they brought the Bark of the Oak The Incas or Indian Kings before the coming of their unlucky loving friends the Spaniards had their Tributes yearly brought unto the Court and when any work was to be done or any thing to be furnished for the Incas the Officers knew presently how much every Province Town and Family ought to provide and by their Registers strings and knots knew what every one was to pay even to a hen or burden of wood And as Inea Garzilasco de la Vega a Native of Cozco relates in his book of the antient customes of those Countries did amongst other Tributes make and furnish clothes and Arms to be used in warr In Virginia the Weroances under-Lords or petty Kings did hold their lands habitations and limits to Fish Foul or Hunt of their soveraign King Powhatan to whom they pay Tributes of Skins Beads Copper Pearl Dear Turkies wild Beasts and Corn. And in all Savage Countries the English Merchants and Navigators as Mr. Edward Winslow a man afterwards too well known amongst the plundering and mistaken godly at Haberdashers Hall hath related at his return from thence doe make presents to the Savage Kings In new-New-England the Sachims or Lords are subject to one Sachim to whom they resort for protection and pay homage neither may any make warre without their privity every Sachim knoweth the bounds and limits of his Country and that is as his proper Inheritance and out of that if any of his men desire Land to set their corn he giveth them as much as they can use and puts them in their bounds Whosoever hunteth or killeth any venison which is there much of their food he bringeth him his Fee which is the fourth part of the same if it be killed on the Land but if in the water then the skin thereof Once a year the people are provoked by the Pinieses Knights or Councellors of the Sachims to bestow much corn on the Sachim who bring him thereupon many Baskets of corn and make a great Stack thereof In Florida where they all goe naked and doe but litle exceed the beasts of the field in understanding and want the wit of most part of the Nations of the world to cover their nakedness they can notwithstanding
Anno 1487. in an Act of Parliament made by King James the third anent strange●s bringing in victuals and utheris merchandice it is provided that quhair any victuals of merchandise cummis gaining for the King that his Comptroller after that the price be maide with the strangers sall have sa meikle of the first and best as is needful to the Kings proper use for the quihilk full payment but delay and their learned Craig in the Reign of our King James doubts not to reckon the Angari● Parangariae plaustrorum navium praestationes furnishing of Carriages and Ships for publick uses inter ea quae Regalia dicuntur quae in annexo patrimonio numerantur amongst those Regalities which are annexed to the Crown of Scotland eo quod ad conservandam Regni dignitatem ex consensu ordinum constituta sunt in regard that by the consent of the Estates is thereby conserved the dignity of the Kingdom And their Ce●sus Cani Rent or Provision quh●●t beir aytes or uther kind of victuals reckoned by Bolls of Wheat and Chalders of victuals not yet forsaken or laid by may induce any man to believe that they were well acquainted with those just and ancient observances And in that Charter of our King Johns at Running Mede near Stanes being the same word for word which was after so long and bloody warres confirmed by King Henry the third which was made when his weaker forces were ready to be encountred by a farre stronger of his boysterous Barons there is no denying of Prae-emption and the reasonable part of Pourveyance the former of which as long as the fifth Commandement in the Decalogue and the acknowledgements and respects of inferiors to superiors the honor due to Kings Patribus Patriae and the common civilities of mankind shall continue in force and be practised and unrepealed is certainly to be continued and should not be disturbed by any the Sons of men who would preserve the honour and dignity of their Prince and Common Parent for it was there only agreed that nullus constabularius vel Ballivus noster capiat blada vel alia Catalla alicujus nisi statim inde reddat denarios No Constable or Bayliff of the King shall without present payment take any Corn or Cattle of any mans aut respectum inde habeat de voluntate venditoris unless the Seller should be contented to give day for it Et nullus Ballivus noster vel Vice-comes vel alius capiat equos vel caretas alicujus pro cariagio faciendo nisi reddat liberationem antiquitus statutum scilicet pro careta ad duos equos decem denarios per diem pro careta ad tres equos quatuordecim denarios per diem And that none of the Kings Bailiffs Under Sheriffs or other take any mans carts or horses for the Kings carriages without paying the antient rate or Livree appointed that is to say for a Cart and two Horses ten pence a day and for a Cart and three Horses fourteen pence Nor did the Conservatores libertatum Angliae enforced upon King Henry the third in his troublesome Reign make any quarrels or restrictions concerning it In Charta Foreste made at the same time no Foster or Bedil was to make Scota●● or gather Garb Oats Corn Lamb or Pig nor any gathering but by the view and oath of twelve Rangers the Exception allowing the things in casibus non exceptis and proving that such things might in such manner be then reasonably and lawfully taken And in that Kings Regin Writs were frequently sent to the Sheriffs as appeareth in the close Rolls to make provisions of Mutton Puletry Geese Eggs c. against Christmas and other principal Feasts and sometimes to the Chamberlains of London to make provision of wine Spices and Furres to be paid de denariis Regis and at other times to some others to make provision of Corn Bacon c. for fortifying a Castle promising that the Sheriff should make payment and be allowed upon his accompt out of the profits of the County so as although the provisions for the Kings own Houshold or for publick uses were not taken without monies to be paid for them yet they were as it may well be supposed at reasonable prices and by a priviledge or prerogative of Praeemption and not alwayes at such prices as the avaritious humour of the Sellers should exact when the Sheriffs in their Turns or Leets might compel them to reasonable rates And Sir Edward Coke will hardly be brought off from a mistake in alledging in his Comment upon the Statute of Artic●li super Chartas that when the Kings of Englands provisions began to fail and could not be had as formerly out of their own Demeasnes there were Markets kept at the Court gates which being not in the Reign of King Henry the first who changed his Provision Rent into money doe not appear to have been afterwards in his time or of the next succeeding Kings Stephen Henry the 2. Richard the 1 or King John and King Hen. 3. who needed not to have made use of his Sheriffs to have furnished his Christmas or other houshold provisions if Markets with that decency and regard which belonged to a Kings Court where those great Kings and a daily confluence of their then no small Nobility with their usual Trains and Attendants and many times forreign Princes or their Ambassadors were to pass had been or were then kept at the Court gates for Britton who wrote in the Reign of King Edward the first only saith that the Clerk of the Market or he which was to look to the measures was to goe with his Standard from Market to Market when he found the Market to be within the Virg● otherwise to make the Bayliffs to appear before him Tertio Ed. 1. ca. 7. it was enacted that of Prises taken by the Constables or Castellanes upon such folk as be not of the Towns where the Castles are no Constable or Castellane from thenceforth should exact any price or like thing of any other then of such as be of the Town or Castle and that it be paid or else agreement made within forty daies if it be not an antient price due to the King or to the Castle or the Lord of the Castle Tempore Ed. 1. ca. 2. It was ordained that no Officers of the King or of his Heirs should take Corn Leather Cattel ot any other goods of any manner of person without the good will and assent of the party to whom the goods belonged And ca. 3. the King granted for him and his Heirs that all Clerks Lay-men of the Land should have their Laws Liberties and free Customes as largely and wholly as they have used to have the same at any time when they had them best And if any Statutes have been made by him or his Ancestors or any Customes brought in contrary to them
of the County and enter into Recognizances not to forestall or ingross provided that all Cities and Towns Corporate may assigne and licence Pourveyors for their provisions Which power of regulating weights and measures and reduction of victuals to reasonable prices and rates was no stranger in Ireland whither many if not all of our then Laws were transmitted by King John by exemplification unde● his great Seal of England and all our Laws reasonable Customes and Acts of Parliament both before and afterwards were by Act of Parliament called Poynings Act or Law allowed and enacted to be Laws in that Kingdome in the Reign of our King Henry the seventh Nor in Scotland where the assises of weights and measures were ordained by King James the first in Parliament in Anno Domini 1426. And it was also ordained by King James the second in Parliament that Schireffes Bayllies and uther officiars baith to burgh and to land take and inquire at ilk Court that they haldquhat persons within their boundes by is victuall and haldis it till a dearth and punish them which sall be found to offend therein and besides their uther punishment the victuall that they have be escheated to the King All which may declare and give us to understand how unreasonable it would be that the King who by his Oath and Kingly Office is to keep all his people from oppression which being one of the great sins of Sodom as the Prophet Ezekiel tells us in that she strengthened not the hand of the poor and needy caused God to say he would come down nd see the oppressions of his people should take no order to preserve himself from the more then formerly deceipts of his own people and their enhaunce of prises King Edward the second therefore and his Councell after that the Commons of England had in the second year of his Reign granted him in Parliament an aid of the five and twentieth part of their goods upon condition that he would answer and redress their grievances which they in eleven Articles had then presented unto him in some of which they complained that their Corn Victuals Poultrie and Fish as well fresh as salt were taken by those which called themselves the Kings M●nisters and paid nothing for it nor gave them any manner of satisfaction by which they were greatly impoverished And he had answered that there was an Ordinance made of those prises in the time of his Father King Edward which was for the good of the King and his people and willed that it should be kept and observed in all parts did in the fifteenth year of his Reign upon occasion of his being at Cirencester in the County of Gloucester with divers of the Nobility and great men of the Kingdome not think it to be any violation of the Laws formerly made for the regulation of Pourveyance to command and ordain by his Letters Pa●ents directed to the Sheriffs of Gloucester Worcester and Wiltshire in the words following viz. Rex vic al. ministris de Com. Glouc. Wigorn. Wilts salutem cum sumus in partibus Cirencestr cum pluribus magnatibus pro negotiis c. pro nostra ipsorum sustentatione plura victualia oportet providere plures frumentum hab●ntes ea penes se retinent non curantes illa vendic exp●nere nisi excessiva Caristia nos volentes sustentac ●orum providere prout decet assignavimuus Johan Hampton al. ad supervidendum blada in Com. praedict ad emend ubi blada invenerint pro pretio rationabili jam currente de quo ipsi respondeant illa quo pretio empt●●runt ad liberand pistoribus braciatoribus furnend braciand vend dictis magnatibus c. that a reasonable price should according to the ordinary Market rate beset upon Corn. No●●ere the Writs or Commissions de providentiis pro Rege faciendis to buy and make provisions for the Kings houshold in 7 E. 2. 37 E. 3. 3 R. 2. 1 H. 4. and other Kings Reigns directed to the Sheriffs of several Counties to whose oaths and Offices it belonged by the just and antient Laws and Customes of England to cause men to sell victuals and necessary provisions at reasonable rates and prices or Writs sent to the Sheriffes to make provisions for some of the Kings of Scotland and their Trains in their passage as they came to London to do their homage unto some of our Kings esteemed to be any breach of the peoples Liberties Neither did Queen Elizabeth that delight and love of her people enriching as well as easing and filling them with peace and plenty who was never of the opinion of Oliver Cromwel that grand Master of Iniquity who as carefull as he would seem to be of the peoples ease and liberties in his afterwards counterfeit kindness of taking away the Royal Pourveyance could when he was Lievtenant Generall of an Army of a distempered and disobedient part of the Parliament being moved by a Gentleman of Bedfordshire for some ease of their great Assessements and Burdens answere that he could never believe that the Country-men were poor or not able to bear them as long as they could whistle at the Plow and Cart but so contented them in her happy Government as the 20. day of November the beginning of her Reign is yet though above one hundred years agoe gratefully remembred with the ringing of Bells in many of the Churches of England conceive or understand it to be any grievance to the people for the Soveraign or Lex viva the maker Protector and Preserver of many of those good Laws which they enjoyed to ordain and publish by the advice of her Privy Councel who by the happy and sage conduct of all her affairs were well known by the effects as well as the causes the Mediums as well as the success to be as wise and prudent a Councel as any Prince of Christendome had to attend them That the Clerk of the Market in avoiding of the danger of the loss of his Office and further punishment at her pleasure should duly and substantially put in execution all such things as to his charge appertaineth as well for vittails to be had seasonable good and wholsome in the Towns and places near unto the Court as for the just observing of Weights and Measures assigned and assessed and likewise for setling of convenient and reasonable prises as well upon Meat and Drink Horse-meat Lodging Bedding and other things in such cases accustomed so as the Noblemen attending in the Court and all Suitors others following the same be not compelled in default of the said Clerk to be put unto excessive charges for their expences but such indifferency to be used therein as the plenty or sterility considered should accord with equity And straightly charged that no person of what estate or degree soever should in any wise pay m●re for Vittail Horsemeat Lodging or otherways then after the prises that
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
wept for him that was in trouble and sate chief and dwelt as a King in the Army as one that comforteth the mourners the ears that heard him blessed him and the eye that saw him gave witness to him when men gave care and waited and kept silence at his counsel although it must be acknowledged that there are now some of the Gentry more learned accomplished then in former ages and might equall or goe beyond their worthy and honorable Ancestors if they would but imitate their Alms-deeds and hospitality and not permit their greater expences in matters less warrantable and laudable to make and enforce an ava●ice or Rubiginem animarum canker or rust of the soul to hinder or keep them from it And Gentlemen were not then as too many now are the fools of the Parish and so little valued as they are now when too many of them may be beaten and kickt in the Market-places in the view and sight of their over-racked and disobliged Tenants piget pudet dicere I would there were no cause or occasion to speak it and with their few attendants of Sicophants Pimps and Foot-boyes be as little helped or regarded by the Common people as a ridiculous pride and a large and wastfull retinue of sins and folly ought to be But kept great hospitalities and were heretofore in their houses in the Country as the Dii Tutelares of the poor or such as were in any want or necessit●es the Cities of refuge in all their distresses the Esculapius Temple for wholsome or honest medicaments or unmercinary cures of wounds and diseases which the good Ladies and Gentlewomen their Wives or Daughters were then well practised in and had great respects and reverence paid unto them for it And see how little is now done in any of those kinds if he hath any fear of God or care of goodness love or respect to his Country and posterity forbear a bewailing of the ruine and decay of the moralities virtues and honor of England and wonder how that only remaining relique of our fore-fathers magnanimity and virtues that seed plot of love and good will which the Angels in their song and rejoycing at the birth of our Jesus and Redeemer proclaimed to be a blessing that seminary of reverence honor and respect that ligament and tye betwixt the inferiours and superiours that incitement and encouragement to reciprocations of love and duty and that heretofore so famous and well imployed strength and power of the Nobility and Gentry should be disused and laid side and that those laudable pious and honorable actions of Hospitality and Charity in which our Kings of England so much delighted and by a solemn and thrice repeated crie or proclamation made by one of the Heralds of a Largesse a Largesse at the creation of every Baron Earl or Duke being as the cry or joy of the Harvest mentioned in the holy Scriptures and at St. George's Feasts did put the Nobility and Gentry in mind to doe the like in their several orbes and stations should be now restrained by the want of Pourveyance or Compositions for it or that there should be any endeavours to decay and hinder it at the fountain or well head by stopping the pleasant and refreshing waters which gladded our Sion and the Inhabitants thereof and made it to be the terror of all the Nations round about us or that any should think it to be for the good and honor of England to lessen that hospitality and plenty in the Kings House or Court which is so pleasing and suitable to the humor and constitution of the English Nation hath gained the Kings of England so much love at home and honor abroad maintained so fair a correspondency and intelligence betwixt the Court and Ministry and relieved the poor and needy the Widdow and the Fatherless And is so essentiall and proper to Majesty as David when he offered sacrifice unto the Lord after the bringing back of the Ark did give to every one of the people men and women a Cake of bread a good piece of flesh and a Flaggon of wine and so customary as the Romans could not think themselves secure in the good wills affections of the people without their Epulae and publick Feasts and caressing of the people which Julius Caesar nor his Successor Augustus would not adventure to omit Nor Domitian and Severus who gave oyle wine and other necessary provisions a Fin as Lois d' Orleans rightly understood it d' concilier l' amour de leurs Subjects quils prenoient par lebouch● to procure the love of the people who were taken by the mouth and was so customary in France as well as England as at a great solemnity there after that our King Henry the fifth had espoused the Daughter and Heir of France and the people of Paris in great numbers went unto the Louvre to see the King and Queen of England sit at meat together with their Crowns upon their heads but being dismissed without an invitation to eat or drink by some of the Officers or Masters of the houshold as they were accustomed they murmured exceedingly for that when they came to such grand solemnities at the King of Frances Court they used to have meat and drink given them in great plenty and those which would sit at meat were by the Kings Officers most abundantly served with wine and victuals and at extraordinary Feasts as that at the marriage of King Henry the fifth of England and the Lady Katherine Daughter of Charles the sixth King of France had Tables furnished with victuals set in the streets where they which would might sit and eat at the Kings charges as was afterwards also done at Amiens at the enterview of Lewis the eleventh of France and Edward the fourth of England And was there in those dayes most laudably used a fin d● unir le peuple au Roy les pieds a la teste pur affirmir le corps politick le lier par une gracieuse voire necessaire correspondence to the end to fasten the people unto the King and the feet unto the head to strengthen the body politick and unite all the parts thereof by a loving and necessary compliance and was an usage so well entertained in other Nations as the Tartars and Laplanders would not be without it and the Graecians thought themselves dishonored if there were not a more then ordinary care to entertain strangers of free cost insomuch as a Law was made amongst the Lucani to punish such as took not a care of them and the Swedes and Gothes esteemed it to be so great an unworthines not to doe it as they did by a Law ordain That whosoever denied lodging or entertainment to any strangers and was by witnesses convicted to have thrice offended in that kind his house was to be burned Those or the like kind and charitable customs haveing so crept through the cranies of humane
some immunities and priviledges to them their successors and after generations in perpetuity When some families may be forever made happy as one was in a progress of King James when a careful Gentlewoman with her seven young children having too small an estate to educate them being purposely placed in a stand where the King was brought to shoot at a Deer and pleasantly tendred to the King as a Hen with her seven Chicken gave his Princely charity and bounty the opportunity to take them into his care and service when they came to be fit for it and brought either all or most of them to great preferments when poor people or their children being lame or diseased with the sickness called the Kings Evil may be freed from their otherwise tedious journeys and charges in going to London their abode there and returning home which if a Tax were laid upon their Parishes to furnish would come to as much if not more then the charge of Cart taking and Pourveyance did cost them When our Pool of Bethesda shall be Itinerant and the good Angel shall yearly ride his Circuit to bring blessings and cures to those that need it and where a multitude of people shall not be the cause of uncovering the roof of any house to let down the sicke in their beds to be healed All which with many other comforts and benefits which the King by his progress or residence brings to all which are or shall be near it The City of York in the North parts of England and her adjacent and neighbor Provinces would purchase at a greater rate then the Pourveyances or Compositions for them do or did ever yearly amount unto and being like to be g●eat and glad gainers by it would be most chearfully willing and ready to carry or remove his travailing goods or utensils from or to any of his Royal houses at his no contemptible or unreasonable rates or Prices O● the City of Worcester or Town of Shrowsbury with their adjacent bordering Shires would in the prospect or certain gain of it be not at all discontented or troubled at the neighbo●hood of such an enriching staple comfort Which every man may believe when as he must be a great stranger to England as well as to common sense and understanding who cannot apprehend how much relief an old fashioned English Gentlemans house for we must distinguish betwixt rich hospitable good men and those who being weary of Gods long continued mercies and patience do think they are not Gentlemen or well educated if they do not swear as fast as they can God damne me and the devil take me and make themselves and their wives and children their estate and all that they have the prey and business of Taylors Vintners Cooks Pimps Flatterers and all that may consume them is unto two or three Cottages or poor peoples houses near unto it what small Villages and Towns and how mean unfrequented and poor Oxford and Cambridge were before the founding of those famous Universities and the Colledges and Halls in them How many Villages and some Borrough Towns have been founded and built by the warmth and comfort of the Kings Palaces as Woodstock c. how many have been built or much augmented by the neighborhood of Abbies and Monasteries c. as Evesham Reding Bangor St. Albans c. and of Bishops houses as Croydon Lambeth c. though many or most of the Religious Houses in England and Wales were at the first designed intended for solitude How many great Towns and Villages in Middlesex Essex and Kent have been more then in other Counties more remote built or much augmented and increased by the Kings residence at London and the Port Towns and conveniency for Shipping How many Farmers in Berkshire and other Counties near London have more then in those farther distant converted their Barns into Gentlemens Halls or stately houses and began their Gentility with great and plentiful revenues to support it What addresses or suites are often made to Judges in their Circuits to transfer the keeping of the Assizes from some City or Shire Town to some other Town in the County to help or do them some good by the resort and company which comes to the Assizes as to keep it at Maidstone and not at Canterbury in the County of Kent at Woolverhampton not at Stafford in the County of Stafford c. or to keep Terms in a time of Pestilence and adjornment from London to St. Albans Hertford or Reding how like an Antwerp or the Skeleton or ruins of a forsaken City the Suburbs of London now the greatest and beautifullest part of it would be if the residence of the King and his Courts of Justice should be removed from thence or discontinued How many thousand families would be undone and ruined and how those stately buildings would for want of that daily comfort which they received by it moulder and sink down inter rudera under its daily ●uines and give leave to the earth and grass to cover and surmount them and turn the new Troy if that were not a fable into that of the old Which the Citizens of London very well understood when in the raign of King Richard the second and the infancy of those blessings and riches which since have hapned to that City by the Kings of England making it to be their darling or Royal Chamber that King was so much displeased with them as besides a fine of ten thousand pounds imposed upon them for some misdemeanors their liberties seised their Maior committed prisoner to the Castle of Windsor and diverse Aldermen and substantial Citizens arrested he removed his Court from London where not long before at a solemn Justes or Tourney he had kept open house for all comers they most humbly and submissively pacified ●im and procured his return to so great a joy of the Citizens as they received him with four hundred of their Citizens on horseback clad all in one Live●y and p●esented the King and Queen with many rich gifts All which and more which may happen by the Kings want of his Pourveyance or Compositions for them and keeping him and his Officers and Servants in want of money or streightning him or them in their necessaries and daily provisions may perswade every man to subscribe to these Axioms that the more which the King hath the more the people have That whosoever cozens and deceives the King cozens and deceives the people that the wants and necessities of the King and common parent which is to be supplyed by the people are and will become their own wants and necessities That it cannot be for the good or honor of the Nation that the King who is not onely Anima Cor Caput Radix Reipublicae the Soul heart head and foundation of the Commonwealth but the defender and preserver of it should either want or languish in his honor and estate when as unusquisque subditorum saith Valdesius Regi ut
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 p●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 op●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 Si● Thomas Chamberlaine qui mores hominum multorum vidit urbes who by his several Embassages f●om England into Foraign Countries in the Raigns of Ki●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 giv●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
subdued and conquered as they were enforced to be shaved and wear their hair shorter their Lands being given away to his Normans the greatest part of the Nobility and Gentry extirped many of the common people glad to be vassals and Tenants to those Lands which before were their own and had nothing to recompence their losses but the retaining of their good old Laws and their Masters and Conquerors having gathered all the money and riches of the Kingdom into their Chests and possessions there was after the harrassed English had gained some peace and that the long languishing Olive branches began again to recover their Sap and Verdure so small an improvement of the rent of Land amongst the Normans plenty of money as in the valuation of Lands in the sixteenth year of the raign of William the Conqueror there was such a wonderful small value put upon Lands fifty or sixty and more to one less then it is now the commodities and Cattel raised thereupo● being in all probability proportionable thereunto as in Drayton no unfruitful place in Cambridgeshire the Abbot of Croyland had fourteen or fifteen yard Lands twelve Villaines three Bordmen three Soccage Tenants and two Meadows which in the time of Edward the Confessor were of the value of five pounds per annum and at that time but four pounds and ten shillings In the Raign of King Henry the first which began his Raign in the year of our Lord one thousand one hundred when the Normans had something more improved their Lands and possessions their plenty of money made out of the English miseries did not banish their cheapness of victuals and provisions but left them at those small rates of one shilling for the Carcase of an Ox and four pence for a sheep and no more for the Provender of twenty horses the Denarius or English penny then being probably as the Roman which was but the fourth part of an ounce of Silver which in coyn or money made no more then twenty pence In the latter end of the Raign of King Richard the first who began his Raign in Anno Domini one thousand one hundred eighty nine and after his redemption from his imprisonment by the Emperor of Germany in his return from the Holy Land when money was so scarce in England as to make up the sum of one hundred thousand Marks for his ransome the Church Plate and Chalices were pawned an Oxe or Cow was but of the price of four shillings a Hogg ten pence a sheep of the finer Wooll ten pence and six pence of the courser In the Raign of King Edward the first whose raign commenced in the year of our Lord God one thousand two hundred fifty two when there was as much plenty of mony as peace and an increase of Trade under his ●appy and prudent Government Scotland conquered and subdued and such a plenty of money as some Esterlings or men of Germany from whom our Sterling money is well conjectured by Sir Henry Spelman to receive its denomination were here imployed to coyn our money the Market price of an Oxe was eight shillings and six pence twenty six seames or sums or horse-loads or quarters of Barley was at fourty three shillings a quarter of Oats for fourteen pence and the yearly value of an Acre of Meadow was in Buckinghamshire apud altum firmam at the Rack but eight pence per Acre and so small a power had the plenty of mony then upon the price of victuals as upon the payment of mony agreed to be paid upon a Bond or Deed which was not likely to be for any long time as the Case at Law tempore E. 1. Cited in 9. E. 4. informs us the price of a quarter of Barley which was at the time of the making of the Bond or Deed but three shillings a quarter was before the time of payment for it come to be thirty and two shillings a quarter which might happen from some other causes and not at all by reason of any extraordinary store of money which the Kingdom was then blessed withal In the eighth year of the Raign of King Edward the second which was in the year of our Lord God one thousand three hundred and fifteen a Parliament was assembled at London where all or most of the Prelates and great Lords of England were with the Commons assembled ●aith Thomas Walsingham ad tractandum de statu regni alleviatione rerum venalium a matter now mo●e then ever necessary to consult of the State of the Kingdom and the taking down the price of victuals which saith Walsingham was then so high ut vix posset vivere plebs communis as the common people could scarce live and would have been in a worse condition if the Landlords had then let their Lands at the Rack or beyond the value as many of them do now and many of the houshold provisions had been sold as they are now more then twenty times and others ten or fifteen times more then they were then where it was ordained that an Ox not fed with grain should be sold for sixteen shillings and if with grain and fat for four and twenty shillings and no more a fat Cow of the best sort for twelve shillings a fat Hogg of two years old three shillings and four pence a Mutton fat and shorn for fourteen pence and for one that was unshorn one shilling eight pence a Goose for two pence half penny a Hen for a penny and four Pigeons for a penny And though immediately after in the same year there followed such a very great famine as Flesh and Corn were scarcely to be had Hens and Geese seldom found Pigs and Swine wanted Food and Sheep dyed of the Rot or Murrain yet a quarter of Malt was sold for a Mark and a quarter of Corn for twenty shillings and upon the great dearth which happened in the next year after making such a famine as Horse-flesh was good Diet for the poor and causing a repeal of the Act of Parliament which was made the year before touching the price of Victuals three quarts of strong Beer was then sold for three pence and of small for two pence which in that sad and horrid famine the Magistrates of London understood to be so unreasonable as they prohibited it to be sold at so high a rate in the City and ordained that no more then three half pence should be taken for three quarts of strong Beer and a penny for small and the King by his Proclamation likewise commanded that in all parts of the Kingdom three quarts of Beer should not be sold for more then a penny In the 21. year of the Raign of King Edward the third notwithstanding any enhaunce of prices made or occasioned by the great famine which was in the eight and ninth years of the Raign of King Edward the second his Father and the continuance of it for four or five years
afterwards by reason of the Murrain of Cattel and a more then ordinary unseasonableness of those years twenty quarters of Corn were furnished for the Kings use and taken by the Sheriff of Kent at eleven shillings the quarter as appeareth by a Tally struck fo● the payment thereof yet extant in his Majesties Receipt of the Exchequer and although that in the year next following by reason of a peace with France and the great victories before obtained against it by the English when the King was rich and the people rich which makes a Kingdom compleatly rich with the riches and spoiles gained thereby and that great store of Gold and Silver Plate Jewels and rich vestiments sparsim per Angliam in singulorum domibus were almost in every house in England to be found and that in the 23. year of the Raign of the said King so great a mortality of men and Cattle happned ut vix media aut decima pars hominum remaneret as scarce a third par● and as some were of opinion not above a tenth part of the people remained alive which must needs have made a plenty of money tunc redditus perierunt saith the Historian hinc terra ob defectum Colonorum qui nusquam erant remansit inculta tantaque miseria ex bis malis est secuta quod mundus ad pristinum statum redeundi nunquam postea habuit facultatem insomuch as Rents or Tenants for Lands were not to be had the Lands for want of husbandmen remained untilled which would necessarily produce a dearth and scarcity of Victuals And so great was the misery as the Kingdom was never like to recover its former condition And that in the 25. year of the Raign of King Edward the third by reason of the Kings coyning of groats and half groats less in value then the Esterling money Victuals were through all England more dear then formerly and the Workmen Artificers and servants raised their Wages yet in Anno 12 R. 2. though there was a great dearth yet Wooll was sold for two shillings a Stone a Bushel of Wheat for thirteen pence which was then thought to be a great rate a Bushel of Wheat being sold the year before for six pence And in Anno 14. of King R. 2. in an account made in the Receipt of the Exchequer by Roger Durston the Kings Bayliff he reckons for three Capons paid for Rent four pence half penny for thirteen Hens one shilling and seven pence for a P●ow●share paid for Rent eight pence and for four hundred Couple of Conies at three pence a couple one hundred shillings In Anno 2 H. 5. the Parliament understood four pounds thirteen shillings four pence to be a good yearly a●lowance or salary for a Chaplain being men of more then ordinary quality so g●eat a cheapness was there then of Victuals and other provisions for the livelihood of men and for Parish Priests six pounds per annum for their Board Apparrel and other necessaries and being to provide that Jurors which were to be impanelled touching the life of man Plea Real or Forty Marks damage should be as the Statute of 42 E. 3. c. 5. required men of substance good estate and credit did ordain that none should be Jurors in such cases but such as had fourty shillings per annum in Lands above all charges which was so believed to be a good estate in 5 H. 8. c. 5. which was almost one hundred years after as the Parliament of that year did think it to be an estate competent enough for such kind of men In the Raign of King Henry the sixth after that France a great and rich neighboring kingdom was wholy conquered and possessed by the English who had not then learned their waste●ul Luxuries or Mimick fashions and could not with such an increase of Dominion and so great spoils and riches transported from thence hither but be abundantly and more then formerly full of money the price and rates of Victuals was so cheap as the King could right worshipfully as the Record saith keep his Royal Court which then could be no mean one with no greater a charge then four and twenty thousand pounds per annum and in the 33. year of his raign which was in Anno Domini one thousand four hundred fifty and five by assent of Parliament granted to his son the Prince of Wales but one thousand pound per annum whilst he had Dirt and Lodging for himself and his servants in his house until he should come to the age of eight years and afterwards no more then 2000. Marks per annum for the charge of his Wardrobe Wages of servants and other necessa●y expences whilst he remained in the house of the King his ●ather which was then thought sufficient to support the honor and dignity of the Prince and heir apparent of England though now such a sum of money can by some one that m●ndeth his pleasure more then his estate and the present more then the future be thrown away in one night or day at Cards or Dice In Anno 37 H. 6. Meadow in Derbyshire was valued but at ten pence per Acre and errable Land at three pence In the 22. year of the Raign of King Edward the fourth which was ●n the year of our Lord one thousand four hundred eighty and two the price and value of six Oxen was at the highest valuation but ten pounds In the seventh year of the Raign of King H 7. which was in Anno Domini one thousand four hundred ninety and two Wheat was sold at London for twenty pence the Bushel which was then accounted a great dearth and three years after for six pence the Bushel Bay Salt for three pence half penny Namp●wich Salt for six pence the Bushel white Herrings nine shillings the Barrel red Herrings three shillings the Cade in the fifteenth year of his Raign Gascoign Wine was sold at London for fourty shillings the Tun and a quarter of Wheat for four shillings In the 24. year of the Raign of King Henry the 8. a fat Ox was sold at London for 26 s. an half peny a pound for Beef and Pork and a half penny farthing a pound for Veal and Mutton was by Act of Parliament thought to be a reasonable price and with gain enough afforded In the fourth year of the Raign of Queen Mary which was in the year of our Lord God one thousand five hundred fifty and seven when very many families and multitudes of the people of England had been but a little before greatly monyed enriched by the lands spoil or the Monasteries and other Religious houses and their large possessions Wheat was sold before Harvest for four Marks the quarter Malt at four and fourty shillings the quarter and Pease at six and fourty shillings and eight pence but after Harvest Wheat was sold at London for five shillings the quarter Malt at six
great Talbots or as the Prior of Canterbury did of his Tenants who in every Manor were bound ex antiqua consuetudine providere Priori ibidem de quodam Palifrido competenti tempore novae creations suoe by ancient custome to present the Prior at his election or first admittance a Palfrey fitting for him Or which the Prior of Rochester did of his Tenants of the Mannor of Haddenham in the County of Buckingham who by ancient custome in the eighteenth yeer of the raign of King Edward the third were to Mow and make the Lords Hey Weed his grain in his demesnes pay certain Rent Corn called Booting Corn and five hundred threescore and three Eggs at Easter which in Anno 18 H. 6. were by an agreement made with the Prior of Rochester released for the sum of three pounds and an increase of Rent from thence forward viz. for every Yard land twelve pence every half yard land six pence every Cotland eight pence and every worthy some Tenants so called four pence which is to this day paid and continued And being besides obliged by their customes to the works and services following viz. That every Tenant holding a yard land and the Tenants of two half yard lands ought to plough the Demeasne lands of the Lord two days in the year viz. in Winter and in Lent for which they were to have their dinner allowed by the Lord every Tenant holding a yard land ought in harvest upon a flesh day as also upon a Fish day to be assigned by the Reeve or Bailiff to find two able persons every holder of a half yard every Cotland or Cottogea and every worthy ought to finde the same day one able and lawful person with Hooks or Sickles to reap the Lords Grain in his Demeasnes for which they were to have their dinner allowed them at the charge of the Lord or his Farmer every yard land ought to carry half a quarter of the Lords grain to Oxford being about twelve miles distant to Wallingford neer as much or to Wickham being about ten miles distant being Market Towns near adjoyning to Haddenham and all the Carriers were to have one penny in common to drink the morrow they ought not to work every yard land ought to carry to Marlow eleven quarter of Grain of antient measure at three tearms of the year to be quit from all things by six weeks after and to carry the Lords grain from his demeasnes into his Barn from the furthest field four loads from Dillicot field six loads and if they carry nearer then all the day if it please the Lord also if the Lord shall buy Wood every Yard land ought to carry two loads of Wood from the place into the Lords Yard so it be ready to carry before the Feast of St. Michael otherwise each Yard land should onely carry a horse load so as they may in one day go and return and all that week they should remain quiet likewise if the Lord should build houses he ought to buy Tymber and the men viz. his Coppyholders ought to bring it home viz. each hide every day one Load untill the whole be carryed so as they may in one day go and return also if it please the Lord to send for fish four hides ought to be summoned and two shall go for fish to Gloucester which is about six and thirty miles from thence and other two shall carry it to Rochester upon their own cost and they should remain quiet until they return all the Cotterels and worthy Tenants ought to wash the Sheep of the Lord and to sheer them and fully to perform all thereunto belonging and have nothing therefore and if a theif should be taken in the liberty of the Lord the Cotterel Tenants should keep him And were so due and of so long a continuance as though the Tenants some few onely excepted which would not pertake of the Composition and are still contented to do their work and carriage services did upon a reference made by King James to Henry Earl of Manchester Lord President of his Councel in Anno 1624. to hear and determine the differences betwixt Sir Henry Spiller then Lord of the said Mannor and the Tenants concerning that and other matters within a short time after viz. in the first year of the raign of King Charles the Martyr agree for a Release of the said services not acquitted in Anno 18 H. 6. to pay yeerly unto the Lord of the Mannor and his heirs after the rate of three pence for every Acre and a penny for every Messuage or Cotage which had no land belonging unto it Or as many the like beneficial customes and priviledges at this day enjoyed by the Lords of some thousands or more of Mannors in England which beloned unto the Abbies and Religious houses for which they have quit Rents or other payments not unlike the Compositions for the Royal Pourveyance Or that the Steward of the Kings house should not if the Kings Pourveyance and Prae-emption had not been remitted by Act of Parliament have authority to do as much as the Steward of the Kings house did about the eighteenth year of the Raign of King Edward the second notwithstanding so great priviledges immunities and exemptions granted and confirmed to the City of London command that no Fishmonger upon pain of imprisonment and forfeiture of his goods and chattels should go out of the City to forestall any Sea or fresh fish or send them to any great Lord or Religious house or any person whatsoever nor keep from coming to Town untill the hour appointed for selling be past untill the Kings Achators or Pourveyers should have made their Pourveyance to the use of the King Or that the King of England whose Royal Ancestor King Richard the first did not onely give to many Religious houses as to the Priory of Royston in Cambridgeshire divers exemptions and priviledges to be free from Carriages c. but de Regalium domorum aedificatione ac omnimoda operatione of works towards the repair or building of the Kings houses Ac ut silvae eorum ad praedicta opera aut ad aliqua alia nullo modo capiantur that their Woods or Timber should not be cut or taken for that or any other purpose and whose other Royal Progenitors have abundantly furnished diverse Abbies Religious houses with priviledges to be free of Carriage by Carts Summage upon horses de Thesauro ducendo Convoy of the Kings Treasure de operationibus Castellorum Pontium Parcorum Murorum work to be done in the building or repairs of Castles Bridges or Walls de vaccarum solutione quae dari solebant pro Capitibus utlagatorum and the payment of certain Cows or Cattel to redeem the forfeitures of Outlaws and exemptions from payment of Fumage or Chimny money Lestage or licence to carry away from Markets what they had bought or in release or discharge of customes such as at Beleshale in
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
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
and the greatest of Customes because it was not gained as most of the peoples Customs or Prescriptions were the best of which had no other originall then the continuance of favours of those that bestowed and permitted them to be enjoyed or a neglect of taking or calling for duties untill time had over-run and covered them with that which is now called a Custome or Prescription but were established by a threefold obligation composed of a Right or Duty a very antient Custome backt by the Lawes of God Nature and Nations and a Contract made and continued by the people to their King built upon the best and greatest of considerations which the Prophet David in the 15 Psalm if it had not been beneficiall but to some loss or damage adviseth not to be broken And merited the bettter observance in that Queen Elizabeth did but the year before call into her Mint and reduce unto pure silver the monies which her Father King Henry the eighth had so much debased with a mixture of brass as it was scarcely half the value in silver which made the price of commodities so much or a great deal the dearer and by her Edicts did all she could to bring down the prices in the Markets which then began to swell more then there was any cause for and in her composition and agreement with many or most of the Counties of England and Wales the next year after did but accept of what then they understood might as the learned and judicious Mr. Camden hath informed us justo pretio at a reasonable or Market rate be well afforded And the Lords of Manors who according to the several customes thereof think it not unreasonable to enjoy their Chevagia or Chiefage which Cowel takes to be pecunia Annu● data potentiori tutelae patrociniique gratia a small yearly payment paid by Tenants as acknowledgments for favours and help received or to be received and take their reliefs of their Tenants in Socage in some places by custome a years value and in some but half as much and in others more according as their customes vary the least of which in value of money doth twice exceed what it amounted unto formerly enjoy their Free Warrens and Fishings with many other Priviledges and immunities by Grant or Prescription and with the Yeomanry and lower ranks of people can be content to claim the benefit of their Customes de non decimando of paying no Tythes at all for Lands formerly belonging to the Cistercians Knights Templers Hospitlers or Knights of St. John of Jerusalem or of a modus decimandi of paying but a penny or some little yearly summe of money in lieu of all Tithes and make an inheritance of the greatest part of 3845 Impropriations with the Smoke-pennies or Peter or Chimney pence which being formerly paid unto some Abbies and Religious Houses and coming afterwards to the Crown in the Reign of King Henry the eight and granted out again by him are in many places as Appendants unto some Manors paid unto this day And think it no grievance to enjoy them and many other priviledges which wereby Grants or Exemptions by Papal Constitutions designed to Religious and not any Lay uses And the customary services of their Tenants to repair wayes and Bridges contribute to the maintenance of a Priest or Preacher or to the marriage of poor Maids or to carry Milstones some miles distant to their Milnes to doe suit of Court or be Butler Baker or Carver at some Festivals and can notwithstanding all the sometimes tedious Suits in Law of their Tenants who hold by Fines incertain and their complaints cram'd in a great purse made of many little ones attended with staves and ill-smelling shoes and feet travailing for relief to Westminster Hall and the superior Courts of Justice with store of out-cries of grievances and oppressions filling every Alehouse they come in with the lamentable tediously told stories of that which they doe many times but guess to be like them raise their Fines for admittances unto two years present value which amounts unto sixteen or twenty times as much as the antient value and demand and take ten or thirteen shillings an Acre to reduce the Fines incertain to a smaller certainty Can take the Optimum Animal or best horse or beast for a Herriot at the death of their Tenants when it exceeds the value of as much as 40 or 50 or 100 to one of what it was at the Conquest when it was reduced from a greater to that lesser rate and within a month or less after take as much as they can get for an Admittance of the Widdow or Heir of the deceased which in Copihold Estates differs very Little from a Relief and in some places as in Cumberland Westmerland and some adjacent Northern Counties compel them besides their formerly perilous enjoyned services annexed to their Lands to be ready night or day to repell the incursions of their plundering and unruly Scottish Neighbours to pay a thirtieth penny after the rate or assise of their old rents upon every Alienation and a twentieth upon the death or change of a Landlord which were formerly more easie and have been since only raised to those higher rates in regard of a greater value since put upon lands houshold provisions and commodities should not murmur at the small oblations which in no burdensome great or general contributions are to be made unto the King for the maintenance of himself and his Royal Family And the Copiholders who can when they please think themselves happy in their customes of Fines certain which patientia charitate in jus transi●runt crept by the charity and sufferance of their Landlords into that which they doe now call Tenant rights when as the lands which they do now hold is in the improved yearly value ten or sixteen or twenty times in many places more then the former yearly value and are by so much beyond the intention either of the Lords or Tenants the Grantors or Grantees when those Fines certain were at the first set or accepted and in those Tenant Rights as they call them and many of their Customes have in many places large Pastures and Meadows of many Acres yearly thrown out at Midsummer or the first day of August or some other time in the Summer or latter end thereof for a Township to inter Common for three quarters of every year or some months and in some places have Common belonging to their Copyholds for paying to the Lord of the Manor yearly as in Grayes Case in Hil. 37 Eliz. a hen five eggs much increased in price since that collateral recompence as it was in that case resolved to be was first taken continued and preserved unto them by the care of the King and his Laws by Inquiries formerly in the Eyres or Circuits de novis consuetudinibus levatis if any oppression or new customs were imposed by their Lords and no sooner complained
the King and his then more then ordinary numerous retinue could expend he was which many that were then present can testifie enforced by a Proclamation to forbid the bringing in of great quantities or more then was necessary And if the rates which Queen Elizabeth accepted her provisions to be served in by the Counties had been agreed to have been paid in money and not in kind and had by the fall of the Markets which the Lawes well executed would in a Kingdome of peace and plenty have easily brought to pass been too high a rate and more then the provisions served in kind would have amounted unto those who made that agreement for themselves and the Counties and places which they represented could not have receded from it no more then she or her Successors if the provisions served in kind should have grown cheaper or might have been had for less money or been bought by her Officers at easier rates then the Compositions could without the help of a Proviso with honour or Justice have desired that her provisions might not have been served in kind by the several Counties of England and Wales but that the money or rate then agreed upon to have been the price of those provisions should have been yearly paid into the Exchequer to be disposed of for that purpose which probably might have been the reason that at the first agreement made by several Counties for the Compositions some for 3 years some for four and some for seven there was a proviso that either party disliking which until our mad times or quarrelling with the fifth Commandement and finding fault with every thing that fed not the rebellious humour was not at all done by the Counties should be at liberty and free from that agreement For there can be no reason unless ingratitude and unreasonableness neglect of Laws and Duties breach of Faith and Contracts and reasonable Customes unto the King and Soveraign shall be installed virtues and put in the seat of reason and understood to be no otherwise that when all the Lands of the twelve adjacent and neighbour Counties of London have been so exceedingly and to such a height improved and the Lands of all the other Counties of England and the Dominion of Wales have by neighbourhood and communication largely likewise and more then formerly improved and raised their rents and estates by the rise and greater prices given for Corn Cattel Victuals and all other Houshold Provisions more then they were heretofore the Landlords made to be so very great gainers and the Tenants if they be no great gainers sure enough to be made savers by heightening the prices of Corn Cattel and all other victuals and houshold provisions the King only should bear the burden and not partake of some of the fruits if there were nothing else to require or deserve it of their great advance and increase in all their Estates and Revenues And that he by whose power alliance and interest with forreign Princes the People of England doe enjoy the trade as well inward from for●aign parts as outward into them the many priviledges and immunities procured for our Merchants by his famous Progenitors and Predecessors as that of Burgundy and the Neatherlands France Spain Portugal Ligorne the Russian or Muscovy Trade the Hanse or Hamborough Turkish and East-Indie Trades for all which but Burgundy and the East-land Trades our Merchants are beholding to Queen Elizabeth and King James the Rex Pacificus with the Trades now begining to florish in and with our English Colonies in Virginia Bermudas Barbados St. Christophers Mevi● New-England and Sianam c. which doe serve to augment our plenties and delicacies in England and his protection of them and all their Trades with forreign Princes by his Leagues Confederacies and Ambassadors and allowing them the freedom of the Seas and Ports and that beneficiall Trade for the London Woodmongers or Colliers to Newcastle upon Tine for coals where their Chaldrons by which they buy are more then double to what they sell and measure by at London and the owners of the Colleries to gain their custome doe not only sell at cheap and easie rates but give and allow them for nothing seven and sometimes eight or nine Chaldron of their great and double chaldrons or measures in every twenty or score of chaldrons and notwithstanding their easie and small rates can by engrossing and keeping them upon the River of Thames unsold and a combination and confederacy among themselves sell their coals at 24 or 30 s. a single or London chaldron and think that also not to be gain or profit enough unless they can upon any Frost or increase of winter weather or the news sometimes but feigned or pretended that a Ship or two of coals were cast away by storms raise their coals 2 3 5 10 or 20 shillings more in a chaldron when they please to the damage of the Rich and great oppression of the Poor who buy their coals by the peck and must pay a greater rate for them then their labours small earnings every day from 4. in the morning until 12. at night will amount unto and did in the times of Rebellion and pretence of Gods glory to be advanced by it continue their mystery of trade and oppression to such a height impudence as when it was proved at a Sessions at the Old-Baily in London that they might sell cheaper and the Lord Maior and Justices had put a rate upon coals and ordered that they should sell accordingly neither the fear of Laws or Magistrates was able to perswade them to an obedience or diswade or deterre them from their Liberty of sinning should be denied such a legal antient and reasonable duty And may believe that the granting and permitting of Marts Fairs and Markets at home and the improvement of his Subjects Estates Revenues a five times mo●e in some places and ten in others within the space of 200 years last past and 20 times more then what they were before that period by their peace and liberties may very well deserve so small an acknowledgement and return and so petit a priviledge as the having of a Praemption and his Provisions served in for his household at reasonable prices which is no more then what the Law it self enjoyneth to be done unto all the People and Subjects of England from the highest to the lowest and to the poorest as well as unto the aboundantly or indifferently rich And that when in our Magna Charta or great Charter of our Liberties the Praeemption Pourveyance was not denied upon present payment for all under 40 shillings and for the rest within forty dayes after and the Cart-taking upon the payment of ten pence a day for a Cart with two horses and fourteen pence a day for three secundum antiqua pretia after the old rates for which now are allowed better rates and being afterwards confirmed by King Henry the third in a solemn procession
Aurum Reginae Gold or presents made and given to the Queen in return of their Gifts and favors received from the King Great liberties and priviledges by grants of free Warren Mines Felons and Outlaws goods Deodands Waiss Estraies Fishings Court Leets Tolls and freedom from Tolls to many Cities and people of England granted since the ninth year of the raign of King Henry the third when for the like and some other liberties then confirmed unto them the people of England not having half so much before that time granted unto them as by the bounty and Indulgences of the succeeding Kings and Princes they have had since took it to be no ill bargain to give unto the King for that his grace and favour a Subsidy of the Fifteenth part of all their moveables not loosely rated or much undervalued as their posterities have found the way to do Abundance of Wood and Tymber sold and destroyed by their prodigal posterities which yeelded them as much money as the inheritance of the Lands would have done some of their wives like the story of Garagantuas lusty Mare whisking down with their Tailes whole Woods and great store of Timber in them of two or three hundred years growth A lesser number of servants and retainers and charge of Badges and Liveries especially since the Statutes of 1 R. 2. ca. 7. and 8 E. 4. ca. 2. made against too great a number or the abuse of them when as now many Gentlemen can put a Coachman Carter into one and supply the places of a Servingman Butler and Taylor by one man fitted for all those imployments A great increase of Wool and the price thereof since the Raign of King Edward the third by our quondam flourishing Trade of Clothing untill that our late giddy times of Rebellion had so very much lessened and impaired it Many great Factories or Manufactures of Bays Sayes Serges and Kerseys at and about Colchester Sudbury c. and of stuffs at Norwich Canterbury Sandwich Kiderminster c. erected and encouraged before our long and late unhappy wars and the raign and Rapine of Mechanick Reformers The Lands of Wales greatly improved since the Raign or King Henry the fourth and his severe Laws which denyed them the intercourse commerce and priviledges of England The freeing of some of the Northern Counties as Cumberland Westmerland and Northumberland from the trouble charge and damages of maintaining their Borders against the Scotish formerly and frequent outrages invasions and taking away their goods and cattle by day and by night And the like freedom from the incursions and depraedations of the Welch assured and settled upon the four Shires or Counties of Gloucester Worcester Hereford and Shropshire by the guard and residence of a Lord President of Wales and the Marches thereof Abundance of Markets and Fairs now more then formerly granted so as few or no parts of England and Wales can complain of any want of them within every four or five miles distance Great sto●e of Welch Scottish and Irish-cattel now yearly brought into England when as few or none were heretofore Horses Oxen and Cattel now by Law permitted to be transported into the parts beyond the Seas which were formerly denyed A greater profit made to many private Lords of Mannors by Lead and other Mines c. more then heretofore Many Fruit Trees bearing Apples Pears c. yearly planted and great quantities of Sider and Perry made more then formerly Many Rivers made Navigable and Havens repaired The loss of Cattel and great damages by Inundations of the Sea or the Creeks thereof or of some boysterous and un●uly Rivers prevented by contributions to the making of Sea walls by several Statutes or Commissions for Sewers None or very little trouble or charges before ou● late wars for maintaining of Garrisons c. or by the disorder or Rapines of any of them Our Ships better then in former times secured upon the Sea Coasts by light houses c. Some of our Principal native Commodities as F●llers Earth Leather Hides c. and Corn when it is not cheap prohibited to be exported Divers Statutes restraining Aliens not being Denizend to Trade or keep Shops c. Convenient provisions made for Vicars in case of Churches appropriate The goods of Foraigners to be taxed for the payment of fifteens The breed of large Horses and increase of Husbandry commanded divers Statutes made for the incouragement of Merchants Merchandize and Mariners preservation of Fishing Fuel Cattel and Rivers and against Freequarter of souldiers excessive Tolls Forestallers Regrators Ingrossers and Monopolies Riots Routs and Vagabond Rogues and to relieve the poor All Commotes or unlawful gatherings of money in Wales and the Marches thereof taken away Weights and measures Regulated Depopulations prohibited Many an unjust title in concealed Lands made good by sixty years quiet possession Interest for money lent reduced to a lower rate then formerly and Brokage forbidden No Tillage or errable land to be laid down but as much to be broken up Merchants Strangers permitted to Trade and sell their Merchandize in England and buy and sell things ve●dible and a great improvement of Trade and Merchandize six or seven times exceeding that which was in or before the raign of Queen Elizabeth Fishgarthes in the Rivers of Ouse and Humber ordered to be pulled down The passage upon the River of Severne freed from Tolles imposed by the proprietors of the Lands upon the Banks The bringing of Silver Bullion into England by our English Merchants encouraged the transportation from thence of Gold and Silver without the Kings licence prohibited and the care of the Kings Exchangers untill the disuse of it now of late preventing all abuses in the coyn or money of the Kingdom Merchants Aliens and Merchants of Ireland ordained to imploy their mony received in England upon the Commodities thereof and every Merchant Alien to finde Sureties that they shall not carry Gold or Silver out of this Realm The keeping of great numbers of Sheep by rich men whereby meaner men were impoverished restrained to a certain number Ordinances made for Bakers Brewers and other Victuallers The prices of victuals to be rated and assessed by the Magistrates Rents of houses in Staple-Towns to be reasonable and assess●d by the Maior Great quantities of waste grounds and Commons inclosed and improved A long and happy Peace at home for more then two hundred years Many an Act of Parliament made to prevent or remedy grievances enlarge the peoples liberties and make them the most free and happy Nation in the world si sua bona Norint if they could but be content with their happiness and know how to use it All the Revenues and Estates of the people aswell reall as personal exceedingly and by many degrees improved more then formerly And all manner of Victuals and provisions sold at such excessive rates and prices as would busie our Forefathers with no common or ordinary wonder if they could be alive again
a consumption of their estates making the greatest most universal and extended g●ievances and oppression of the Nation When as there is and hath been for some yeers of late in England the greatest want of money and Trade which should introduce and procure it that ever it languished and groaned under for three hundred years last past by an universal poverty and want of it by reason of twenty years great and heavy Taxes which yearly enforced and called for more money then the King of Spain during that time received for his West Indies for his own account or England ever paid in Taxes all being summed up together in the space of 500. years before together with a gene●al pride luxury since wasting and carrying away that little that was left of our money whilst all or the most of our Gold have been inticed and transported into Foraign Countries by reason of the fineness of our Standard and their putting a greater value upon our coyne much of our Silver hath in coyne or Plate been carried into Ireland and Scotland and from thence or from England into Foraign parts and that little which remained of it together with a great part of our Silver converted into Gold and Silver Lace or other vain and needless manufactures some millions of money imployed here by the Dutch at interest because that their own Country yeelded not above four per cent for it called home and taken away by reason of our distempers and troubles the bringing of interest by our usu●ping Legislators to six per cent whereby to advance the sale of loyal mens lands which they had without law or reason taken from them eighty thousand pounds in coyne and Silver Bullion or Ingotts of our small ●emainder of mony yearly carryed out of England by our East Indian company into the East Indies or Persia to purchase Spices many superfluous and transmarine commodities without which our forefathers could live longer more plentifully and healthy then now they do And so little money left in the Nation in general or amongst the common people as they are many of them being dragged by their necessities enforced to endure the greatest bitings and extortions from the Usurers and the Cancer or Gangreen of Usury Brokage grown so high and intollerable as by a judicious computation lately made there are no less then 3000. publike and private Brokers and Harpies in and about the City of London taking fourty sixty or eighty per cent far exceeding that of the Jews or the Caursini when they to●m●nted England with their unmerciful Usuries untill they were banished many of our Merchants by reason of the adulterating of our Commodities and taking away the credit of them or by the inticements of an unlawful gain buying their Corants at Zant and Silks and other Commodities in the Levant and Turky with pieces of eight and their Deal and Timber in Norway with Dollars which hath made such a scarcity and want as all the Silver money coyned in the Kingdom by the late Parliament so called with their dolorous Cross and ill tuned Harp amounted when it was called into the Mint after his Majesties restoration to no more with some store of Brass Copper or Lead counterfeit money crept in amongst it then five hundred thousand pounds sterling or thereabouts and that which went about of the Coynes of Queen Elizabeth King James and King Charles the Martyr not being estimated to be much above as much more no● making a total with both included together of more then a million and a half of sterling monies which amongst four millions of people if that should be the account of the number of the inhabitants men women and children in England there being not likely to be many less would afford but seven shillings and six pence to every one and if the money in the Kingdom should as some have guessed it more at random then upon certainty or p●obability amount unto twenty seven hundred thousand pounds or to make it numerum rotundum for the more even and easie computing of it three millions sterling would yeild every one but fifteen shillings which renders the mony of the kingdom to be lamentably scarce too little for the people may without the blame of being over sanguine or credulous induce any man to believe that the credit which the people have one with another far exceeds the money of the Nation that they which are any thing rich in the Kingdom the Nobility Gentry and such as live upon their Lands and Estats without trading onely excepted are but as the Pikes in the Ponds or Rivers which devour and feed upon the multitude and smaller Frye of F●shes that there is no such plenty of money now in England when poverty and want are as Regiments of armed men breaking in upon every County and part of England and Wales the lamentations of the poor and such as are undone for want of trade and imployments are as the noise of many waters and the excessive rates and prices of victuals and houshold provisions are to seek for some other causes or originals then a supposed plenty of money when as there is no housekeeper but feels the burden and smart of them and may hear almost every body not as Usurers which do it to conceal their money from such as might over importune them to borrow it or to heighten the necessities of such as they may scrue up to their exactions or in a greedy humor or appetite never think they have money enough but as a people exhausted and impoverished by wars and luxury lamenting their want of money and that every Town Corporation City and County of the Kingdom the more vain and prodigal part of the people who make hast to spend all that they have or can come at onely exepted have too many symptomes and signs of a poverty and want of Trade and tire themselves with the complaints of it And it cannot be either want or plenty of money which causeth such extraordinary rates and prices of food and houshold provisions servants and workmens wages greatness of Rents and the intollerable and unreasonable prices of all that are to be bought either for the Belly or the Back now more then it was twenty years ago and then more then it was some hundred years before making the sin of oppression and cozening one another to rise like the waters of Noahs Flood prevailing and increasing greatly but the wickedness in the hearts of men doing and devising evil continually oppressing and cheating one another For it was not an abundance of mony that hath made Beef to be at three pence Mutton four pence a pound and to be much dearer at Christmas and other Festivals then at other times in the year but an evil custome only the will pleasure of the Butchers or that hath raised ●he Board wages of a Footmen to be seven shillings and a valect du Chambre or extraordinary Serving-man ten shillings