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

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them that the Church-wardens or Governours of every Parish as is usually done in Holland where by their excellent orders and care of their Poor very few are to be seen either wandring or miserable may upon poverty happening to any Family or the death of a Father or Mother of children goe or send to their houses as the Commissioners de aflictis at Amsterdam usually do lift up the broken hearted and enquire what are their necessities or what there is to maintain them and accordingly make provision for them by relieving the aged sick or impotent providing work for such as are able and putting out of children at fitting ages to be Apprentices or to service or some other imployments wherein we may well hope for those good effects which the like courses in France by the erecting of the Hospitals de dieu or other Hospitals in or about Paris have lately assured that the encrease and decrease of the poor in every Parish and the Collections and Assessments for them and Legacies and charitable uses given to the poor be yearly certified to the Clerk of the Peace of every City County at the Quarter Sessions to be holden after Michaelmas to be by him entred into fair Books with Calenders and Tables fitted thereunto publickly read before the Justices at the next Quarter Sessions after to the end that the Justices there assembled may duly consider thereof and make such further orders and Provisions as shall be fitting and requisite And that when the English Captives at Algier shall be released and no more likely to be in that condition the one pound per cent granted by Act of Parliament for that purpose or the like allowance and proportion for seven years to be allowed out of the Custome-house may be imployed to relieve and make a stock for the Poor of England And in regard that such as sue at Law in forma pauperis notwithstanding all the cares which have been hitherto taken by the Courts of Justice in assigning them Counsel and Attornies and ordering that no Fees should be taken they doe for want of money and those cares and diligences which are only purchased and procured by mony many times but tire themselves to no purpose and after many years expence of time and labour in trudging to and fro with their foul and tatered Bundles and Papers wither away die in the hopes of that which for want of a due assistance and vigorous prosecution they could never bring to pass That an Utter-Barrister or Councellor at Law be once in every three years appointed by the Lord Chancellor or Lord Keeper of the great Seal of England for the time being and to continue for that time and no longer in the high Courts of Chancery and the Courts of Kings Bench Exchequer and Dutchy of Lancaster and a Sergeant at Law in the Court of Common-pleas to be for the like time nominated and appointed by the Lord chief Justice of the Court of Common-pleas for the time being to be of councell assistant for all rights and duties of men and women suing in forma pauperis and as Counsel to assist and help the poor of the respective places in the prosecution and recovery of all Legacies and charitable uses given to them or penalties given or ordained by any Statute to be had or levied for their use or any Parish collections and assessements withheld from them for which they shall take no Fees but in a reasonable manner upon the recovery thereof or end of the said Suits And for their better encouragement may in all the Courts of Justice of this kingdom according to their said several nominations and appointments as well Superior as Inferior have a prae audience in those other causes next to the Councel learned of the Kings and Queens of England and the Prince or Heir apparent That in every County and City there be a publick Work-house to imploy the Poor in the manufacture of Woollen or Linnen cloth making fishing Nets or other Manufacture and that for their better encouragement they may as they doe in Holland after a competent number of hours in every day imployed in the work of the Publick be allowed two hours in a day to work for their own advantage notwithstanding that their lodgings diet and fitting apparrel be defrayed out of the Publick and that the Governours thereof may for their encouragement have the benefit and liberty of Exportation and Importation of any the said commodities without any Custome to be paid for the same upon the Certificate of the next Justice of Peace of such County or City upon the oath of every such Governour that the said quantities to be exported were made or wrought at the said publick Workhouse and upon the oath of such Governour that the commodities imported are to be imployed and used only in the said publick Workhouse And that the kindred of Poor living in any part of England and Wales not taking almes or overburdned with poverty may be sought out and enforced to a reasonable contribution according to their abilities towards the maintenance or providing for such Poor and decayed as within the eighth degree are of their own blood and lynage and where it may be put them into such a way of living as may exempt them from the fate of common servants or people taking almes or from being placed in common Workhouses that by such means and provisions to be made for the Poor which our Acts of Parliament and the careless and many times purloyning Collectors and Overseers of the Poor in severall Parishes have not yet performed And that all Nobility Gentlemen and others excepting such whose constant and necessary attendance upon the persons of the King Queen or Prince shall not permit the same having an Estate of Lands of Inheritance of the yearly value of one hundred pounds per annum or more above reprises and their houses of residence in any Parish of England or Wales not keeping their Christmas in the said house or Parish shall at every of the said Feasts pay unto the Poor of the said parish the sum of forty shillings or proportionably according to that rate of his or their Lands lying or being in the said Parish besides their other payments to the Poor collected and assessed in the said Parish That so the multitude of Beggars in England may no more be a Byword amongst other Nations that there may be no complaining in our streets nor such dismall and sad spectacles as the leprous blind lame and aged people and young children crying out for bread and ready to starve for want of food or clothing nor so many counterfeits or tricks to make an ill use of charities to uphold their lazy and ugly condition of life That the Clerks of the Peace and Assizes and every Justice of Peace shall take their oathes not to release or discharge or respite any Fines Issues Recognizances and Amerciaments forfeited due to the King
charge of the Wards or others concerned therein be unnecessarily as they have been inrolled at length or otherwise with the Auditors of that Court when as the same was recorded before by other Officers of that Court to which the Auditors may have a free access and at any time take extracts out of them 13. That a severe Act of Parliament be made against such as shall misuse or wast any Wards Estate Lands Woods and Timber committed or granted to them or any personal Estate which belongeth unto them or shall not give the Wards fit education or shall disparage them in their Marriages or marry them without any competent Portion or shall not within a moneth after the death of such Ward or coming to his or her age of one and twenty years make a true accompt and payment unto the said Ward or his or her Heirs or Executors of all that shall be by them due and payable to him or them by reason of the said Wardship upon pain to pay to the use of the said Ward his or her Heirs Executors or Administrators besides the said moneys due and payable to the use of the said Ward double costs and damages expended or sustained therein That all Lands hereafter escheated and forfeited to his Majesty in cases where there shall be no restoration to the next in discent or remainder be inseparable and as a Sacrum patrimonium annexed to the Crown never to be aliened leased or charged with any Rent-charge or Annuity further then for life or one and twenty years That all Corporations of Trade may besides Fines and Amerciaments to be imposed and taken to their own use have also power to impose Fines and Amerciaments to the use of his Majesty and his Heirs and Successors and have no power to release or discharge any Penalties and Issues forfeited to the King And that the Town Clerks of Cities and Towns Corporate and Clerks of every Corporation or Company of Trade shall be bound by Oath and Recognizance to the King to certifie and estreat into the Exchequer all Fines Issues and Amerciaments forfeited and lost at two usuall Terms in every year that is to say Easter and Michaelmas That the By-lawes of every Corporation and Company of Trade and every City and Town Corporate which ought to be perused and approved by the Lord Chancellor of England and Lord Chief Justices of either Benches or Justices of Assize or any three of them and are not to be contrary to the Lawes may be according to the Statute of 19 Hen. 7. cap. 7. perused and allowed by them That upon every bloodshed or breach of the peace as by the Civil Law in forreign parts and heretofore was anciently used in England by the Common Law thereof a reasonable mulct or penalty be imposed to be gathered by the Magistrates as the Drossaerts do in many places in Holland and be answered to the King though the parties do agree or release and discharge one another That all Misericordia's which are now the only Vestigia's left of that antient Custome and Prerogative in Cases of Nonsuits and Pleas of Non est factums not verified may be put into certain reasonable penal sums duly collected and answered to the King his Heirs and Successors which besides an annual and casual profit to his Majesty will quiet and lessen contentions and bring a great ease to the people That in cases of Manslaughter there be before any pardon granted a reasonable satisfaction made according as it was heretofore practised in our Lawes of England both before and since the Conquest made to the wives and children of the Deceased or if none to the next of kindred unless the parties concerned shall otherwise agree their recompence or satisfaction and an Estimatio capitis or value of the party offending also paid to the King That upon convictions of Adulteries Fornication as was antiently used there be paid to the King a penalty proportionable to the offence and that in all Tryals for Manslaughter Murder or other crimes that hard and unreasonable custom now and heretofore used in England that witnesses may not be brought heard or examined against the King be abolished and that all good and lawfull testimonies which may tend to the discovery of the fact may be as in other Cases and Tryals heard and received That there be in every Circuit as antiently a Clerk besides the Clerk of the Assize appointed to enter in a Roll the Fines imposed by the Justices and to make Estreats thereof duly into the Exchequer That in all Actions of Trespass or any other Action to be brought in the Court of the Kings Bench at Westminster or by Quo minus in the Office of Pleas in the Court of the Kings Exchequer at Westminster or in the Court of the Marshalsea or Court of the Virge of the Kings Palace at Westminster whereupon any declaration shall be in debt there be upon the first Process or Writ such Fines paid to the King and in such manner as have been antiently and are now paid to the King upon actions of debt retornable in the Court of Common Pleas at Westminster And that upon every such first Writ the Plaintiffs Attorney doe in order thereunto indorse the just sum in debt which he intendeth to declare upon That every Merchant or Trader that shippeth any goods to be exported or unlades any imported shall under his hand attested or if need be upon his oath deliver unto his Majesties Farmers or Customers a true note or Cocquet of all such goods exported and imported and the true contents and value thereof And that whosoever shall wittingly or knowingly deceive his Majesty his Heirs or Successors therein shall for the first offence forfeit five times the value and for the second ten times the value and for the third to be disfranchised and never more permitted to trade And that every conviction of any such offence shall if pleaded be a bar to them in any Action to be brought commenced and prosecuted by them That once in every three years Commissions be issued to carefull and worthy men in every County and City uninterressed to enquire of all charitable uses and the imployments and abuses thereof and if need be to put a better order therein for the future and that the Arrears be also collected and paid the one moity to his Majesty and the other to be imployed to the charitable uses That Commissions be likewise issued now more then formerly necessary by the dissolution of Monasteries and Religious Houses and the great disuse of Hospitalities and Almes deeds to enquire and certifie the number of Poor requiring almes in every Parish in every County and City that all vagabond and wandring Beggars be returned to the several Parishes where they were born and where it cannot may be reduced to some Parishes in every County or City less troubled then others with poor and more able to maintain
Somerset and others attainted added by King Edward the sixth the forfeitures of the Duke of Northumberland William Parr Marquess of Northampton John Earl of Warwick Sir Thomas Wyat and others to Queen Mary the Lands of the Duke of Norffolk Philip Earl of Arrundel the Earls of Westmerland Essex and Southampton Sir John Perrot Leonard Dacres and others in the reign of Queen Elizabeth and hers as well as King Edward the sixth's ill advised and unhappy clypping and lessening the Lands and Revenues of many Bishopricks Deans and Chapters forfeitures of the Lord Cobham Sir Walter Rawley and of Winter Grant and other the Gunpowder Traytors the great revenues of the Earles of Tyrone and Desmond and other large confiscated Escheats and forfeited Estates in Ireland which came to King James for before his reign and the subduing of Tyrone that Kingdome as to the publick was a greater charge then profit addition of Scotland and all the Appennages and Lands of the royal Brethren and Princes of the blood of England in their several times and ages falling into the Regal Revenues would have made a plentifull support for the Crown of England if they had tarried as they did not one for another and continued unwasted and unaliened CHAP. II. Supplies and Additions to the Royall Revenues and the many cares taken therein by Parliaments and otherwise WHich could not be prevented by a thousand sixty one pounds and three half pence per diem revenue ex justis reditibus which William the Conqueror had in daily revenue after his Knights Fees and his large gifts and rewards given to his friends and followers which in the now value of money and rates of provision would a great deal more then treble that summe as Ordericus vitalis who was born in his reign and died in the beginning of the reign of King Stephen hath informed us exceptis muneribus regiis reatum redemptionibus aliisque multiplicibus negotiis quae Regis Aerarium quotidie aduagebant besides Gifts Presents Confiscations and other things which did daily increase his riches nor by sixty thousand pounds sterling 〈◊〉 by him in his Treasury his Censas Nemor●m rents or profits of Woods Escheats and incidents of Tenures in Capite and by Knight service Hidage Danegeld Sponte oblata for all Grants or Favours which passed from him Cambium Regium or benefit of Exchanges rating of the Fees of the Officers of his Household to a certainty per diem taking accounts upon oath for all his monies issued out or imprest for repair of his Castles and Houses and fines for granting of Priviledges and Liberties Contributions to William Rufus towards the building of Westminster-Hall three shillings upon every hundred Acres or Hide of Land in England to King Hen. 1. and his providence in making every third year a survey of his Woods and Forrests changing of the penalites of mutilation of members into pecuniary mulcts turning of his rents which were formerly paid in corn and other houshold provisions into money and six pence overplus in every pound for any loss or abatement which might happen in the value of money which being then by reason of his often absence and residence in Normandy reckoned to be good husbandry proved shortly afterwards by the change of times dearer rates of provision to be the contrary and a great disadvantage to his Successors one hundred thousand pounds in money besides Plate and Jewels left by him in his Treasury and possest by King Stephen resumption of divers Lands aliened from the Royal Revenue reforming of the Exchequer by Hen. 2. revoking of all Grants of Lands aliened from the Crown of the Castles of Clebury Wigmore and Bridgnorth from 〈◊〉 Mortimer City of Gloucester and Lands belonging unto it from Roger Fitz Miles Earl of Hereford Castle of Scarborough from William Earl of Albemarle with many other Lands Towns and Castles and from William Earl of Mortain and Warren base Son to King Stephen the Castle of Pemsey and City of Norwich notwithstanding that himself had granted them to the said William Earl of Mortaign in his agreement with King Stephen alledging that they were of the Demeasnes of the Crown and could not be alienated calling of certain of his great Ministers of Estate to account and imposing a Tax of two pence upon every yoke of Oxen in Ireland and two pence in the pound by Act of Parliament of every mans Lands and goods in Normandy to be paid in the year 1166. and a penny in every pound to be paid for four years following for the relief of the Christians in the Holy warre enquiring by his Justices Itinerants and Articles in Eyre in England of the rights of his Crown and Exchequer taxing in the 32. year of his reign all his Dominions in France with the Tenth of the Revenues for that year of all as well Clergy as Laity but such as went in person to the Holy warre the tenth of all their moveables as well gold as silver and the tenth of the moveables of two hundred of the richest men in London and of one hundred in York banishment of William de Ipre Earl of Kent with his Countrymen and followers when they grew to be a burden to the Kingdome nine hundred thousand pounds in money besides Plate and Jewels inestimable left in the Treasury to his Son King Richard the first great summes of money gained by him by renewing Charters and Fines imposed upon Sheriffs and Accomptants and such as had taken part with his Brother John in his usurpations the tenth of all moveables granted to him and the City of London giving him a voluntary contribution towards his voyage into the Holy Land banishment of Otho Earl of York the Son of his Sister and all the Bavarians a fourth part given him by Parliament of all spirituall and temporall Revenues as much for moveables and twenty shillings for every Knights Fee resumption of many Grants of Lands and Annuities two shillings of every plough land taken for preparation of a journy to Normandy examination of the Accounts of his Exchequer Officers five shillings laid upon every plough land for another forrain voyage and a general survey made of his Lands and Profits Three shillings for every plough land granted by Parliament to King John for his affairs in Normandy one hundred thousand pounds taxed upon the Clergy towards his charges in Ireland a thirteenth of all Spirituall and Temporall mens goods twenty six shillings eight pence for every Knights Fee two shillings upon every plough land an Ayde of twenty six shillings and eight pence of every Knights fee towards his warres in Wales with Escauge of such as held of him besides Benevolences Escheats and Americiaments twenty shillings of every Knights see towards his charges in Normandy forty shillings at another time and an Ayde for the marriage of his Sister Isabel to the Emperor Frederick The fifteenth part of every mans moveables to King Henry the third for a confirmation of
the memory of man upon a meer supposition that there might possibly have been a loyal or good grant or commencement for them every little Manor of those multitudes of Manors and Franchises which the Commons in a Parliament of King Edward the third complained off and proportions of Lands in England many of which are called Manors by supposed Titles or reputation only as so many little Seigniories Jurisdictions or Royalities as they are improperly called have Courts Leet and Baron and free warren some of whom enjoy the honor and profit of the King in trying and executing Felons and many using all manner of inferiour justice upon the Tenants correction of the Affize of Bread and Beer have Tolles Fairs Markets Fishings Waives Estraies Felons goods and of persons outlawed and waived Issues Fines and Amerciaments Wrecks of Sea Deodands Mortuaries Treasure Trove and punishment of breach of the peace c. granted or claimed as belonged to them The not having a Clerk for the King besides the Clerks of the Assizes to keep a Roll of all Fines Amerciaments and Profits due to the King in the Iters or Circuits to estreat and certifie them into the Exchequer as was usual in the Reigns of Henry the third Edward the first and the elder Kings and many of the Justices of peace not duly certifying their Recognizances The letting the Greenwax to Farm with defalcations of such as the King shall grant away which breeds no smal neglect in the payment or gathering of it the not duly making or sending the originall Roll of the Chancery into the Exchequer the posting off many of the Kings Farms and debts de anno in annum by some of the former Clerks of the Pipe not holding the Sheriff to a strict opposal nor inforcing them to pay the monies levied of the Kings before their discharge or departure out of the Court not drawing of debts down into the Cedule Pipae being a more forcible process the heretofore Stewards and Bayliffs of Manors belonging to the Crown not justly accompting in the Exchequer as they ought the not awarding as there shall be occasion Commissions to worthy Gentlemen of every County to enquire of the Kings debts not levied and of the Sheriffs and other his Officers false Accomps ordained by the Statutes of 3 E. 1. c. 19. and 6 H. 4. cap. 3. neglect of the former Clerks of the Estreats and many other abuses crept into evil customes by some Officers or Clerks of that Court and in anno 1641. discovered and published by Mr. Vernon the superfluous number and charge of many Stewards Bayliffs and other Officers imployed which besides the many deceits used by some of them to the King and exaction upon the people did as was informed in their annuall Fees paid and allowed by the King yearly exceed three thousand pounds more then what they accompted for the selling or granting away and dismembring many Hundreds Wapentakes and liberties from the Crown and bodies of the Counties which the Statutes of 2 and 14 Ed. 3. doe prohibit to be aliened The falshood of such as did formerly make kind and easie particulars to such as were to buy or have any of the Kings Lands given them knavery and abuse of Under Sheriffs carelesnes and covetousness of the High Sheriffs in appointing them and not looking better to the performance of their own oathes as well as theirs The not duly accompting for prizes taken at sea and other maritime profits the heretofore sleepiness or slugishness of Justices of Peace in all or most Counties and Cities who being intrusted by the Law to take care of the observation of some scores of Statutes and Acts of Parliament would though their eyes and ears might almost every day perswade them to a greater care of their oathes and the good of their Country too often suffer grosse and numberless offences to increase and multiply and neither punish molest or trouble them or so much as give any information of them and too many of the Clerks of the peace Clerks of the Market and others not duly recording or certifying their Estreates The customes which in all civilized Nations and even amongst the Heathen are de jure Gentium to be paid to Kings and Princes and by the Laws of England and Parliament assent are due to the King who is the Soveraign of the Sea keeps the keyes of his Ports gives safe conduct to forrein Merchants to come hither and by his power friendship and treaties with his Allies neighbour and other Princes obtains the like with many priviledges for his own Merchants to goe and trade thither prevents with no small charges by his Ambassadours kept in their Dominions all injuries procures them right and justice and in case of deniall forceth it are now so daily cosened and put up into other Pockets as notwithstanding all the care taken in the farming or collecting of them though the people upon the retaile are sure to pay them to the full the King as it is believed doth not receive above a third part thereof by reason of the treachery and connivance of the former Searchers or Waiters and the Merchants defraying as they can sometimes confess the pompous charge of their City and Country Houses Wives and Coaches with their purloined Customes and that the cosenning of the King in his Excise yeilds them many times more then their Merchandise and their Apprentices now not taken under three or four hundred pounds a peice can live more like Gentlemen then Servants and purchase all kind of vanities vice and pride with what they likewise filch and take from him and when the Customes are let to farm though the Farmers take them as they are capable of such kind of losses can abuse their consciences and perswade themselves that they do no wrong to the King who is to have onely his Farm or Rent And that howsoever the more they cozen him the better they may be enabled to trade and the more they trade the more may be his Customes The not improving of their Lands other Revenues by raising of their Rents and rates according to the rise of money and provisions which the Subjects have exceedingly and to their great advantage done in their own Estates and Revenues and ten to one more then what was formerly The heretofore demising and letting to farm very many of the Kings Manors and Lands at the old and small Rents for three lives 21. 31. or 40. years in Reversion bespeaking a continuall wasting and weakening of his Revenues before hand Discoveries of information of deceipts or wrong done to his Revenues seldome made and then not without an allowance or gratification craved of three parts in four or a great share to begiven to the discoverers or prosecutors Many mens pretending service to the King but doing all they can to enrich themselves and deceive and lessen him and having by indulgence or cunning escapes from punishment made vice
but carefully and duly estreat and certifie them every half year into the Exchequer in the Terms of Easter and St. Michael which the example of Hengham a Judge in the Reign of King Edward the first who for reducing an Amerciament or Fine of thirteen shillings four pence to six shillings eight pence in favour and pitty of a poor man was grievously fined and ordered to provide at his own charge the great Clock at Westminster may perswade them not to violate That the Ballance and In and Out of forraign Trade may be observed and reduced into Books to be yearly brought into the Exchequer but not with Blanks fair Seals Covers and Labels as they have used to be to little purpose That the more to encourage Merchants to an honest accompt and payment of their Customes to the King and to deal better with him it may be enacted that where any Ships of any Merchants and their goods and lading shall be taken in times of hostility with any other Prince so as it be not by the carelesness and neglect of the Merchants in carrying prohibited goods or the Captain or owner of the Ships in not making so good a defence or not arming or providing themselves so well as they ought the losses of such Merchants and shipowners duely estimated and proved before the Judges of the Admiralty shall be refunded out of the next Prizes which shall be taken from that Nation Prince or Enemy that took it the accustomed allowances to the Lord high Admiral and others first deducted That the wages of Servants now trebled more then what it was twenty years agone and of Labourers and Workmen very much increased by reason of the intollerable and unbecomming pride of clothes now in fashion amongst them by licence and imitation of times of pride disobedience disorder and rebellion and the folly of some of their Masters and Mistresses enjoyning them to wear clothes too high for them may be limited and ordered to be as they were before these last twenty years that every Master or Mistress that giveth more shall forfeit double the value to the King and that no Servant who hath formerly served in any other place be received or taken into service without a certificate or testimony of their good behaviour from their Maister or Mistress where they last served if they shall not appear to be unreasonable or for malice or any sinister ends to deny the same That the Tenths of all the Fishing in the British or English Seas by Barks or Busses now beginning to be instituted and taken into consideration which in part was intended to be had by King Edward the sixth upon the coasts of Wales Ireland and Baltimore by building a Fort or Castle upon the streight to command as Captain John Smith relates in his discourse of the benefits of Fishing in our English Seas a tribute for Fishing and if industry fail not is like if we but imitate the Hollanders who have hitherto enjoyed that which was none of their own and enriched themselves by our carelesnes to grow up to a great and not to be estimated National profit be paid and accompted for to the King and his Heirs and Successors who may well deserve it when as besides his Soveraignty of the Sea and the guard and protection of them by his Navie and Shipping he hath of late in the midst of his own wants and necessities for the better encouragement of his people to seek their own good and that which our British Seas will plentifully afford them given all his Customs inward and outward for any the returns to be made by the sale of Fish in the Baltick Seas Denmark and France for seven years for the first entrance into the Trade of Fishing That the rivers in England and Wales not yet navigable and fit to be made navigable may by a publick purchase of the Mills or Wears standing upon them and pulling down the Wears Kiddels hindring it attempted in the Reigns of King Henry the third and Edward the third by several Statutes made for the taking of them away be made navigable and a reasonable Toll or Custome upon every Vessell and Fraight paid to the King his Heirs and Successors That for the better support of our Nobility and the honours which they enjoy and that as starres in our firmament they may be able to attend the Sun their Soveraign and not suffer such Eclypses in their Estates and Revenues as too many have lately done that the Lions which should guard the Thrones of our Kings may not pine away or languish and the stately columns and pillars thereof moulder into ruins and decay and have small or unbecoming Estates to maintain them in the splendor of their Ancestors and the Royal Revenue not to be troubled or lessened by suits or requests to supplie them they may according to the intent and custome of the Fewdall Laws and the locality which ought to be in Earldoms and Baronies not be without some honorary possessions which was so usual and frequent in England as through the three first Centuries after the Conquest the Lands belonging to Earldomes and Baronies were accompted to be parcels and members thereof and the word Honor so comprehensive as it conteined and comprised all the Lands belonging thereunto as well as the Earldomes Baronies and Title which did in sundry of of our former Kings reigns grants pass and comprehend the Land as well as the Titles And that according to that laudable and ever to be imitated example of Thomas late Earl of Arundel and Surrey in obtaining an Act of Parliament in the third year of the Reign of King Charles the Martyr for the annexing of divers Baronies and Lands to the Castle and Earldome of Arundel inseparable and unalienable in contemplation of the poverty and small Estates of the then Lord Stafford and some other of the antient English Nobility wetherbeaten and wasted by the injuries of time or the luxuries and carelesness of their Ancestors The Dukes Marquesses Earls Viscounts Barons and Baronets of England leaving some other Lands to their own disposing for the preferring of younger children payment of debts and supply of necessities which accidents may cast upon them may be ordered to settle annex by like Acts of Parliament the Capita Baroniarum and chief Castles Manors and Lands belonging to their Earldomes Baronies or Estates competent and sufficient to keep up and sustain the honour and dignity thereof from the gripes or defilements of poverty and Adversities not to be aliened or separated from their Earldomes Baronies or Dignities as long as it shall please God to continue them That the antient use of the Exchequer be restored and the Kings revenues carefully collected and answered and that the Justices in Eyre of the Kings Forrests and Chases on this side and beyond Trent Clerkes of the Market and Commissioners and Clerks of the Commissioners of Sewers do duely certifie into the
Exchequer all Fines Issues Amerciaments imposed and forfeited That upon all manufactures made beyond the Seas and all things to be imported tending to excess and luxury as Tobacco Silks c. there be an Imposition more then ordinary which the wisdom of Neighbor Nations have ever thought expedient and was in the Reign of King James the prudent advice in Parliament of the Lord Treasurer Salisbury That in the deplorable Cases of wreck at Sea the Masters or Owners of such Ships not being Pirates or Robbers whether there be any living thing remaining or not in the Ship all and every part of the lading Tackle and Ship which shall be saved from the fury of the Sea or found on shore notwithstanding any detestable custome to the contrary may according to the Ancient Equitable Laws of Oleron be saved and preserved for the right Owners coming within a year and a day to claim the same and tendring such just charges and recompence as by two of the next Justices of Peace not interessed shall be found to be reasonable for those that were Instrumental in the preservation thereof that so the inhumane and unchristian customes of too many who live upon the Sea Coasts being in a Shipwrack as pittiless and cruel as the Winds and Seas taking away that which they left and rejoycing in the disasters and miseries of those that are afflicted may be abolished That Champerty and maintenance being now crept through the care and severity of all our former good Laws and Statutes made to prevent it into such a general practice and profit as in the confidence of dark contrivances and the impossibility or difficulty of discovery of them Some of our Gentlemen of the Gyges ring or invisible Estates in a way which they have found out to live aswell without a Revenue or other lawful means and professions as with them can like Nimrods or mighty Hunters by shares gained in the driving of Causes support an idle Gallantry by the spoil and oppression of others some women more wily then good can be Agitators or Retrivers of causes not concerning them for a part of the hoped for Booty and many Citizens and Tradesmen do buy pretended Titles and Interests and ingage and furnish money for no small parts to be had upon the success of Suites in Law and too many Attornyes Sollicitors and others can make it the best of their employments to deal in gross and by whole sale and will not as the Law enjoyns them make Bills or Tickets to their Clyents of their just and allowed Fees and disbursments Some good Laws and powerful restrictions may be made to prevent or punish those grand abuses and that if either the Plaintiff or Defendant in any Action shall require it an Oath or Oaths may be given at the Tryal or Hearing of such Suites or Causes to any who may discover such Champerties or Maintenance and if any shall be found offending therein either by disbursing of money to have any share or part of the thing inquestion on or by any pre-contract or other ingagement the Verdict may not be taken nor Judgement entered or if it shall be discovered and proved after the Verdict taken and Judgement entred before the end of the Term wherein such Judgement shall be entred the said Judgement be by the Judges of that Court arrested or made void and whether it be discovered and proved before Judgement entred or after the parties offending as well those that committed the Champerty and Maintenance as all their Abettors may every one of them forfeit and pay to the King and his Heirs and Successors the sum of one hundred pounds and be imprisoned without Bail or Maineprise untill they shall have paid the same and also forfeit and pay to the party greived his double Costs and Damage together with the moyety or half of the matter in question That there be no pardon or reversal of any Outlary in Civil aswell as Criminal Causes or Actions without five Marks first paid to the King in discharge of his Contempt and a Charter of Pardon as was anciently used first sued out under the Great Seal of England That all Sheriffs under-Sheriffs and their Deputies do at the entrance or admission into their Offices take an Oath not to imbrace any Juror or Juries or for any Fee or Reward or otherwise to nominate any at the request either of the Plaintiffs or Defendants or of any on their behalf and that they shall not make out or deliver or willingly or wittingly permit to be made in their names any Blanck Warrant or Precept to Arrest any person without a Writ under the Seal of the Court wherein such Action is laid or to be tryed first had and delivered unto them and that no Sheriff or under-Sheriff do crave allowance or respit for any debts of the Kings but upon just cause That every Juror if the Plaintiff or Defendant or their Attorneys shall before they besworn require it do also take an Oath that he hath not received any Instructions or Evidence before hand from the Plantiff or Defendant or their Attornyes or any on their behalf That all English Merchants trading into Foreign parts may be ordained to bring into England at or in their return a certain and reasonable quantity of Bullion or coin of Gold or Silver to be yearly certified and Registred in the Exchequer and that such as shall be brought in may not as it is now be bought and Registred in the name and for the use of the East Indian Company and that the East Indian Company to prevent any disguise which may be made use of betwixt them and the Merchants may also be ordered yearly to Register and Certifie into the Exchequer all such Gold and Silver Bullion or coin thereof as shall be imported by the said East Indian Company That all Foreign Merchants Trading into England or any the Dominions thereof be ordained to export at their returns English Manufactures and Commodities to the value of what they imported and not to make their returns in money or by Bills of Exchange as the Jews in great numbers trading hither are known now to do And that all Merchants Alien if they be not such as have houses and habitations here or if they have do at their first beginning to Trade enter into Recognizances of great penalties in Chancery not to Transport or cause to be Transported out of England as was in part provided for by the Statute of 2 H. 6. chap. 6. Or returned by Bills of Exchange any more then the sum of five pounds for their necessary charges upon pain of forseiting treble the value thereof That the many more then formerly used deceipts in the Shearing Tentering hot Pressing and false Dying of our English Clothes which do much or more endamage our Trade of Cloathing then the Transportation of Fullers Earth Sheeps Pelts with the Wool upon them or the Clothes in the Whites may