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A54689 The mistaken recompense, or, The great damage and very many mischiefs and inconveniences which will inevitably happen to the King and his people by the taking away of the King's præemption and pourveyance or compositions for them by Fabian Phillipps, Esquire. Philipps, Fabian, 1601-1690. 1664 (1664) Wing P2011; ESTC R36674 82,806 136

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lay down or pay their money for it And how ungrateful it will be if they were not Subjects or obliged by the Laws of God Nature and Nations to an obedience reverence retributions and oblations to their Prince to receive a daily and an hourly protection and as many benefits and blessings as their almost alwayes craving necessities and importunities can get or obtain or his munificent and ready heart and hand impart and bestow upon them And yet be so barren in their retorns or thankfulness as when there is not a Family or Kinred in England but hath at one time or other been raised or enriched by the King or his Royall Progenitors or tasted of their favours or mercies and that those who did eat and partake of his Pourveyance or Compositions for them and were maintained by them were for the most part their Sons and Daughters or some of their Kinred or Generations to deny him that which was such an antient and unquestionable Right as all the Judges of England did no longer agoe then the third year of the Reign of King James declare it to be a Prerogative of the King at the Common Law and was no less in the Times of our Saxon and British Monarchs and so much in use in the Kingdom of Ireland as it doth yet retain the custome of Pourveyance ad alendum Proregis Familiam for the maintenance of the Lord Lieutenants House and Family as an antiquitus institutum an antient Constitution Jus quoddam Majestatis a part of the Right belonging unto the Sovereign Prince and his Preheminence or Kingly Prerogative And in their Act of Parliament lately made for the Settlement of that tossed and turmoild Kingdom consented that the Lord chief-Chief-Justice of his Majesties Court of King-Bench the Lord Chief Baron of the Exchequer and the Master of the Rolls or any other of his Majesties Officers of that Kingdom for the time being shall and may have and receive such Port-Corn of the Rectories Impropriations or appropriate Tithes forfeited unto or vested in his Majesty his Heirs and Successors which have been formerly paid or reserved The furnishing of Carriages and Ships for publick uses are in Scotland justly numbred amongst those Regalities which are annexed to the Crown and was by the consent of the Estates there so called allowed to conserve the dignity of that Kingdome the Borrough Mealis where quilibet Burgensis debet domino Regi pro Burgagio quinque denarios annuatìm dicuntur incorporari annexique Fisco Patrimonio Regis every Burgess is to pay five pence per annum for his Mealis which Sir Henry Spelman interprets to be a Farme appropriated to buy Provisions in Regiae mensae apparatum for the Kings Table or Houshold and are said to be incorporate and annexed to the Patrimony of the King and his Exchequer And the right of Pourveyance so little there esteemed to be a grievance as in a Parliament of their King James the 4 th holden in the year 1489. The Lords Spirituall and Temporall and other his Lieges did declare that it was the Kings property for the honourable sustentation of his house according to his Estait and Honour quhilk may not be failized without great derogation of his noble Estait and that his true Lieges suld above all singular and particular profit desire to preserve the noble Estait of his Excellence like as it was in the time of his maist noble Progenitors of gud mynd And is conform unto that rule of reason which other Nations doe measure their Actions by for in France as Renatus Choppinus a learned French Advocat saith it is Dominicum jus primitus sceptris addictum in necessarios Regiae mensae Aulaeque sumptus honorificum ad suum Imperii inclitae decus Majestatis conservandum a part of the Demeasnes belonging and annexed to the Royall Scepter and appropriate to the necessary uses and provisions of the Kings Court and Houshold for the honor and conservation of the Rights of Majesty Our long agoe old and worthy Ancestors the stout hearted Germans did as Tacitus sua sponte ex more viritìm conferre principibus armenta vel fruges quae pro honore accepta necessitatibus subvenirent man by man of their own accord customarily bring or send unto their Princes Herds of Cattle and some of the fruits of the earth as Presents and Oblations which being taken for an Honour due unto them did much conduce unto the defraying of their charges or necessityes the people of Italy and the Princes and Nobility thereof did acknowledge them to be inter Regalia amongst the Regalities of the Emperour and the Law of the Empire formerly of Rome now of Germany doth strongly assert the Praestationes Angariarum Plaustrorum Navium c. Pourveyance of Cart-taking and impresting of Ships Regi competere ratione excellent●ae ejus dignitatis quae Regalia dicuntur to belong unto the King by reason of the excellency of his dignity Et multa adjumentaei necessaria ut dominium intus externè tueri valeat and that many ayds and helps are necessary for a Prince to defend his Dominions at home as well as abroad And is as much a Custome of Nations as covering of the head washing the hands wearing of shoes and retiring to rest or sleep in the night so usual as the Barbarians some of whom have not so much good nature as to diswade them from selling their Children like Calves or Cattle at a Market or the savage part of the Heathen who have not attained to so much of reason as to perswade them the use of clothes and apparrel are glad their Kings and Princes will accept of And the Inhabitants of that large Empire of Japan who in many of their Nationall Customes and Actions do delight to be contrary to the people of Europe and most other Nations as to have their Teeth black when others doe desire to have them white doe mount their horses on the right side and not uncover their heads in saluting each other but only unty some part of their Shoes and Sandals and sit down when others do come to salute them are notwithstanding unwilling to come behind other Nations in the Duty of Pourveyance and Honour of their Prince Practised allowed by many approved examples in the sacred Volumes where Melchizedeck King of Salem the Priest of the most high God brought forth bread and wine to Abraham and his houshold Servants in their little Army upon their return from the rescue of the righteous Lot which was saith the great Grotius a Custome then in use amongst the neighbour Nations that of Jesse the Father of David who being commanded by Saul his King when he was not in the Army but enjoyed the blessings of peace to send David his Son unto him laded an Asse with bread and a bottle of wine and a Kid and sent
Winter and Sommer at less then 20 shi●lings a Chaldron and it was by the Statute of 32 H. 8 cap. 8. ordained That none do sell Phesants or Partriches unto any but unto the Officers of the King Queen or Princes Houses upon the forfeiture of 6 s. 8 d. for every Phesant and 4 s. 4 d. for every Partrich and did by their Charters or allowances of Prescription grant Free-warren and divers other Franchises unto divers Lords of Manors yet matters must be so ordered as the King though he buy with ready mony must be sure to pay dearer for his Butter Cheese Coals Beer Ale Billet Tallwood Faggots Grocery-ware Rabbets Phesants and Partriches then any of his Subjects Took away by the Statute of 5 Eliz. the severity of the Statute of 25 Ed. 3. enjoyning small wages to Labourers and Artificers and ordained That the Justices in every County should by their discretion according to the dearth or plenty of victuals yearly at the Sessions held at Easte● assesse how much every Mason Carpenter Tyler other Crafts men Workmen and Labourers should have by the day or year and limit proportions of Wages according to plenty or scarcity and by an Act of Parliament made in the first year of the Reign of King James did amongst other things give a further power to the Justices of every County to limit and regulate the wages and hire of Labourers and Artificers according to plenty and scarcity that Act of Parliament being since expired for want of continuance yet the King in all his occasions and affairs for Workmen and Artificers shall be sure to pay them rates and wages at the highest Did by the Statute of 23 Ed. 3. cap. 6. provide That Butchers Fishmongers Brewers Bakers Poulterers and other Sellers of Victuals should sell them at reasonable prices and be content with moderate gains And by the Statute of 13 R. 2. ca. 8. That all Majors Bayliffs Stewards of Franchises and all others that have the order and survey of victualls in Cities Boroughs and Market Towns where victuals shall be sold in the Realm should enquire of the same And if any sell any victuals in other manner he should pay the treble of the value which he so received to the party damnified or in default thereof to any other that will pursue for the same By the Statute of 25 Hen. 8. cap. 2. when but a year before Beef and Pork was by Act of Parliament ordained to be sold at an half penny the pound and Mutton and Veal at an half penny farthing the pound and less in Counties and places that may sell it cheaper and complaint was made in Parliament that the prices of victuals were many times enhaunced and raised by the greedy avarice of the owners of such victuals or by occasion of ingrossing and regrating the same more then upon any reasonable or just ground or cause ordained that the prices of Butter Cheese Capons Hens Chickens and other victual● necessary for mans sustenance should from time to time as the case should require● be set and taxed at reasonable prices how they should be sold in gross or by retail by the Lord Chancellor of England Lord Treasurer Lord President of the Kings most honourable Privy Councel Lord Privy Seal Lord Steward the Chamberlain and all other the Lords of the Kings Councel Treasurer and Comptroller of the Kings most honourable House Chancellour of the Dutchy of Lancaster the Kings Justices of either Bench the Chancellor Chamberlains under Treasurer and Barons of the Exchequer or any seaven of them whereof the Lord Chancellor Lord Treasurer Lord President of the Kings Councel or the Lord Privy Seal to be one and commanded the Justices of Peace and Lords of Leets to take a care that the prices and rates of victuals be reasonable Yet the King must not have so much favour and kindness as the Tinientes or Magistrates in the Canar●es or other parts of the Spanish Dominions who by reason of their power and authority in the correction and rating of the prices of victuals can have their provisions freely and of gift presented unto them or at small and reasonable rates and prices or as the Lords of Leets the Justices of Assise Justices of Peace Mayors Magistrates of Cities and Corporations might have theirs if they would but put in execution the Laws which are entrusted to their care and charges Nor can have any thing at reasonable rates but is enforced to pay dearer for the provisions of his house then any of his Subjects when as they that could receive his Majesties very large and unexampled Act of Oblivion can only afford him in their Market rates an Act of Oblivion for his protection and care of them and for his many favours and helps in all their occasions and necessities and for forgiving them many Millions of monies sterling or the value thereof and as unto too many of them are willing that our King and Head should in the rates of his victuals and houshold provisions bear the burden of their follies and irregularities Of which the plenty or scarcity of money cannot be any principal or efficient cause as may be verified by an instance or example lately happened in Spain where the calling down of money to the half value to aswage the afflictions of a Famine was so farre from the hoped for effect of abating the prices of victuals and houshold Provisions as they are now well assured that the covetousness of the Sellers and tricks of Trade have added more to the heightning of those rates and prices then any want or abundance of mony And it would therefore well become that part of the People of England who by their intemperance and carelesness as i● they were that Nation which dwelt without care against whom the Prophet Jeremy denounced Gods heavy wrath and judgements have brought and reduced themselves and their Estates into a languishing and perishing condition and turned their backs upon the honor of Hospitality to take into their more then ordinary consideration that Sir Anthony Brown a Privy Councellor ●●to King Henry Eighth did not deviate either from truth or prudence when he said that others apprehension of the Kings greatness did contribute as much to our welfare as our welfare it self or Sir John Russel a v●ry valiant as well as wise Statesman Comptroler of the Houshold of King Henry the Eighth and afterwards Earl of Bedford when he declared that the Courts of Princes being those Epitomes through which ●trangers look into Kingdomes should be royally set out with utensils and with attendance who might possess all comers with reverence there and fear elsewhere Or that the learned and reverend Sir James Dier Lord Chief Justice of the Court of Common-pleas in the 25 th year of the reign of Queen Elizabeth committed an error when in the sage and discreet rules left behind him in a Manuscript for the preservation of the Common-wealth he advised that