Last take upon them for the payment of all the Herrings that shall be sold by their assent to any persons and the hundred of Herring shall be accompted by sixscore and the Last by ten thousand That the people of London at such Fair shall bring the Last from Yarmouth to London for one Mark of gain and not above That the Fishers be compelled to bring the remnant of their Herrings not sold in the Road of Kirkley to the Fair to sell them so that none sell Herring in any place about the haven of Yarmouth by seven miles except in three Towns of Yarmouth that is to say Easton Weston and Southton unless it be Herrings of their own Fishing The Chancellor or Treasurer taking to them Justices and other the Kings Council shall have power to ordain remedy touching the buying and selling of Stock-fish of Saint Botolph and Salmon of Barwick and of Wines and Fish of Bristâ—ute and else-where to the intent the King and his People may better be served and have better Markets then they have had before this time and that the Ordinances by them made in this party be firmly holden Doggers and Landships of Blackney Haven shall discharge their Fish there the price of Dogger-fish and Loichfish that is to say Lob Ling and Cod shall be assessed by the Advice of the Merchants and Rulers comming to the Fair of Blackney and of the owners of the ships before any sale be made which shall be holden during the Fair Every man shall buy Herrings openly and not privily at such price as may be agreed betwixt him and the seller And no man shall enter into bargain upon the buying of the same till he that first cometh to bargain shall have an end of his bargain greable to the seller and that none increase upon other during the first bargain Londoners and other shall sell victualls by retail Sweet wines may be sold by retail at the price of Gascoyne wines Victuallers shall have but reasonable gains according to the discretion of the Justices of Peace there shall be but eight Bushels striked to the Quarter the severall measures of vessels of wine Eels Herrings and Salmons and vessels of Oil and Honey to be gauged 12 E. 4. ca. 8. Divers Patents being granted under the great Seal of England to divers persons to be Surveyors and Correctors of beer ale wine and victuals within divers Cities Boroughs and Towns it was ordained That they should be void and that the Mayors Bayliffs and chief Governours of Cities Boroughs and Towns Corporate shall be the only Searchers and Surveyors of victualls for that every City Borough and Town of substance in England for the most part have Court Leeâ—s and views of Frank-pledge holden yearly within the same Cities Boroughs and Towns surveying of all victualls therein and correction and punishment of the offenders and breakers of the Assise of the same which ought not to be câ—ntraried Ordinances made by Guilds Fraternities and Companies of Trade shall be examined and approved by the Chancellor Treasurer of England or Chief Justices of either Benches or three of them or by Justices of Assise in their Circuits to prevent and hinder unlawfull Ordinances as well in prises of wares as in other things to the Common hurt and damage of the people When any victualler is chosen Officer in any City except London York and Coventry Borough or Town Corporate which by virtue of his Office should have the Assising and Correction for selling of victualls that then two discreet and honest persons neither of them being Victuallers shall during that time be sworn truely to sess and set the price of victuals such as sell false and mixt Oils to be searched and punished and such as destroy wild â—oul whereby formerly the Kings most honourable Houshold and the houses of Noblemâ—n Prelates were furnished at convenient prices to be punished Upon complaint made for enhauncing of prices of victuals the prices thereof shall be assessed by the Kings Councellors and Officers and they which have victuals to sell shall sell them at the same prises The Prises of the But Tun Pipe Hogshead c. of all kinds of wines when it shall be sold in gross shall be set by certain of the Kings great Officers Whosoever shall buy or sell any Fâ—sant or Partridge saving the Officers of the Kings Queens or Princes houses shall forfeit for every Fesant six shillings eight pence and for every Partridge three shillings four pence to the King Conspiracies made by Victuallers touching selling of victuals shall be grievously punished Taverns may be appointed in every City Borough or Town Corporate to sell wine by Retail None shall retail wines but in Cities Market Towns c. Vintners which sell by Retâ—il in Towns Corporate shall be assigned by the head Officers thereof and in other Towns by the Justices of Peace And 2 3 Ed. 6. by a temporary Act expired with the time therein limitted which may shew the minds and intents of the makers and what was then thought convenient for that small part of time and being probably only done upon some grounds or reasons of State for the present or in ease of the people or some popular designe of the then ruling Lord Protector was not then nor at any time after thought fit to continue any longer it was ordained That no Pourveyor or other person by authority of any Commission or other Warrant shall during three years then next ensuing pourvey or take for the provision of the Kings Houshold his Sisters or any others any Corn Beeves Muttons c. Wood Coal Straw Hay or any kind of Victuals without the full consent of the owner and at such price for ready money as the owner or Pourveyor can agree nor shall take for any of the Kings Affairs or the Warres or otherwise any Goods Chattels or other things whatsoever saving Barges Ships Carts and things necessary without the consent of the owners and at such prises for ready money as the owner Pourveyâ—rs can agree except Post-horses for which shall be paid a penny a mile and the King will allow to the owner of every Cart taken for his houshold four pence a mile and for the Warres and other Carriages three pence a mile The Lord Chancellor of England Lord Treasurer Lord President of the Kings Councel Lord Privy Seal and the two Chief Justices or any five four or three of them are authorised to set prises of wine and none to sell either in gross or by retail above those prises No Cattel shall be bought but in open Fair or Market but by a Butcher provisions of houshold Butter or Cheese shall not be bought to be sold again except it be by retail in open Shop Fair or Market Forestallers and Regrators shall be punished Badgers and Drovers licensed by three Justices of the Peace
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 pâ—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 opâ—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 Siâ— Thomas Chamberlaine qui mores hominum multorum vidit urbes who by his several Embassages fâ—om England into Foraign Countries in the Raigns of Kiâ—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 givâ—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
pay those Thraves of Corn which would far exceed the Pourveyance charged upon that County or have compounded for them or do pay them to such as have obtained Grants of the Lands and Revenues belonging to that Hospital Or that he whose Royal Ancestor King Henry the second took a care as appears by the black book in the Exchequer that the Barons of the Exchequer who were then taken to be a part of the Kings houshold should have their provisions at easier rates then others Et de victualibus suae domus in urbibus Castellis maritimis nomine consuetudinis nihil solvunt Quod si minister vectigalium de hiis quicquam solvere compulerit dummodo presens sit serviens ejus qui suis usibus empta fuisse oblata fide probare voluerit Baroni quidem exacta pecunia restituetur inde in integro improbus exactor pro qualitate personae pecuniarum penam luet and pay nothing for custom for the victuals or provisions for their houses in Cities Castles and Maritime places and if any Officer should compell them to pay any thing for them whilstâ—their servants were ready to testifie and prove that they were bought to their use the money was to be again restored and the party so wickedly exacting it amerced or fined according to the quality of his person And that our succeeding Kings and Princes causing a Pourveyance and provision of Diet to be made for the Justices of Assize Justices of the Peace at the Assizes Sessions by the Sheriffs in every County making an allowance for the same out of the Exchequer Q. Elizabeth in Anno 1573. finding that to be troublesome inconvenient for the Sheriffs ordained that charge to be defrayed out of her Coffers as may appear by a Copy of a letter from the Lords of her Privy Councel communicated unto me by my worthy and learned friend Mr. William Dugdale and here inserted and that expence being since ordered to be defrayed out of the Fines and profits of the Counties after the rate of four shillings per diem at the Assizes Sessions to every Justice of the peace and two shillings per diem to the Clerk of the Peace and the King being at more then 10000 l. per annum charges to the Judges of the superior Courts at Westminster who by their Circuits do to save his people a great deal more charges cause a cheap and impartial Justice to be twice in every year brought into every County and is at many other yeerly expences to others in the administration of Justice for which Cromwell and his fancied Parliaments thought a large yeerly allowance to be little enough makes an yearly allowance of one thousand one hundred and six pounds thirteen shillings and four pence per annum to the Lord President of Wales and the Justices attending that Court for the provisions of their Diet with an allowance of Dyet to the Justices of Wales in their great Sessions twenty four shillings per diem to the Domestick Clerks or servants of the Lord Chancellor an allowance of Forty Marks per annum to the Kings Remembrancer in the Exchequer which may shew what cheapness was formerly for the diet of himself and of his eight Clarks who ought to table with him the like for the Treasurers Remembrancer and his twelve Clarks and to the Clark of the Pipe five pence per diem for his diet every day when he sitteth in Court and the like to the Comptroller of the Pipe should be now put to seek his own Provisions or Pourveyance at the dearest most disrespectful rates or that the Kings servants and Officers of his houshold in whose honor or dishonor the Majesty whom they serve as that of David was in the reproach of his servants or Embassadors sent to the King of Ammon is not a little concerned should now for want of the Pourveyance or Compositions for them complain that the beauty is departed from the Kings house his servants are become like Harts that finde no Pasture and they that did feed plentifully are desolate in the streets And that the servants of the Abbot of St. Edmunds Bury were in a better condition when as he could allow John de Hastings the Steward of the Courts of his Mannors who claimed the said Office by inheritance a Provision when he came at night unto him for eight horses and thirteen men with an horse load of Provender and Hey sufficient Wine and Beer twenty four Wax Candles in the Winter time and twelve in the Summer eight loaves of Bread for his Greyhounds two Hens for his Hawks pro se hominibus suis honorabilem sustentationem in Cibo potu and an honorable provision for himself and his servants in meat and drink And as those of the children of Israel which returned from the Captivity lamented the difference betwixt the glory of the first and second Temple bewail the desolation of the house wherein the Kings honor dwelled and the alteration reducing of it to what it is now from that which it was in the raigns of Queen Elizabeth King James or King Charles the Martyr And that Foraigners and Strangers who were wont so to magnifie and extoll the Hospitality state and magnificence of the King of Englands Court and house-keeping as that Philip Honorius after an exact survey of many other Kingdoms and their Policies hath publikely declared that no Nation in the world goeth beyond our Brittain in the honor of the Kings Court and houshold in maggior numero di servitori con maggior distinctioni d' officii e gradi multitude of servants Officers and distinction of degrees and cannot be ignorant of the respects and honor done by all Nations to Foraign Princes though no Monarchs or their superiors in their passages and journeys through any Towns or Cities beyond the Seas by making them presents of Wine Fish Oats and the best of houshold provisions which those places afforded and that even those mechanick souls of Hamborough and Amsterdam can think it worthy their imitation shall finde the King of England whose Ancestor Offa King of the Mercians in Anno Dom. 760. would be so little wanting to himself and his posterity in the preserving the honor and rights of Majesty as he ordained that even in times of peace himself and his successors in the Crown should as they passed thorough any City have Trumpets sounding before them to shew that the person of the King saith the Leiger book of St. Albans should breed both fear and honor in all which either see him or hear of him to be so scanted de ea sublimitate amplitudine augustaque illa Majestate in that honor and reverence which his predecessors would never abate any thing of as his Officers and servants like some Beggars who are not used to be trusted with a Mess of Pottage to be put into their hands when they buy it at the
pleist al Roy que le Navie soit maintain garde a greindre ease et profit que fair se poet Eodem Parliamento The Commons desire the King and his Councill that whereas it is granted that no Pourveyance be but where payment is made at the taking that it will please him that his Ordinance be holden as it was granted It pleaseth the King that he that findeth himself grieved shall pursue it and right shall be done him 47 Ed. 3. That the Statute made whereby buyers of the Kings Houshold should pay readily may stand and that no man be impeached for resisting them therein The Statute therefore provided shall be kept and who will complain shall be heard Eodem Parliamento That Masters of Ships and their Mariners may be paid their wages from the day of their being appointed to serve the King Taking of Ships shall not be but for necessity and payment shall be reasonable as heretofore They pray That Masters of Ships may have allowance for their Tackling worn in the Kings service Such allowance hath not been heretofore made 50 Ed. 3. That the Kings Carriages for himself and his Houshold may be of Carts and Horses of his own and not to charge the Commons therewith The King knoweth not how these things may be brought to pass but if they be he will charge the Steward and Officers to make redress The Commons of Norfolk require that payments may be made to them and to all their Countries for sheep taken by the Pourveyors farre under the price against the Statute This Bill is otherwise answered within the Bill of Buyers The Commons of Devon pray that they may be paid for victuals taken of them by the Duke of Britain whilst he lay there of long time for passage and that from thenceforth no protection be granted to any passenger to take any victuals ooher then for present pay Let the offendors for time past pay and answere and for to come the King will provide 50 Ed. 3. That the Kings Pourveyor take of the Provision the Clergy and cause them also to make carriage for the King against the Ordinances and Statutes thereof made 2. That the owners of the Ships taken up for the Kings service may be considered for their losses in the same and that Marriners may have the like wages as Archers have It shall be as it hath been used 2 R. 2. The Commons of the Dutchy of Cornwall shew how by taking up their Mariners the Spaniards lately burned all their Ships and otherwise much eâ—damaged them and the like complaint was made by all the Sea-coasts and therefore pray remedy may be had The King by advice of his Councill will provide remedy therefore 3. R. 2. The Commons by their Speaker pray that it would please the King to appoint by Commission such as should enquire by all means of the Kings charges as well of his Houshold as otherwise The King granteth it his Estate and Royalty alwayes saved and it was enacted untill the next Parliament That every Master of a Ship shall have for his reward for every Tonne weight for such his vessel as shall be taken up to serve the the King for every quarter of a year that they shall remain in his service three shillings four penâ— begining the first day of their entring into the haven or place appointed 5 R. 2. The Commons made Recapitulation of their requests and namely of the Ordinance concerning Pourveyors Whereto it was replied for the King That his charges were great as well concerning sundry particulars there uttered as like to be greater for the solemnity of his marriage with the Lady Anne Daughter to the mighty Prince Charles Emperor of Rome the which Lady was newly come into the Realm the tenth part of which charges the King had not in treasure or otherwise and that therefore it was as necessary to provide for the safety of the Kings Estate as for the Commonwealth 6 R. 2. The Commons pray That the Statute of Pourveyors may be observed and that ready payment may be made The Statute therefore made shall be observed 2 R. 2. The Commons pray that every Ship taken up for the Kings service may towards her apparrelling take for every quarter two shillings of every Tonne That the Statutes of Pourveyors and Buyers be executed and that the Justices of the Peace have power to hear and determine the same That the Estate of the Kings Houshold be yearly viewed once or oftner by the Chancellor Treasurer and Keeper of the privy Seal and that the Statutes therefore appointed may be observed The King granteth to the first at his pleasure and to the second he granteth 10 R. 2. That every owner of a ship serving the King may have for every quarters service of the same his Ship three shillings four pence of every Tonne Leighter or little Ship The King hath committed the same to his Counsel to be considered 14 R. 2. They require remedy against Masters of Ships and Mariners The Admirall shall appoint them to take reasonable wages or punish them 17 R. 2. Pray that Remedy may be had against the Officers in London who exact of Drovers bringing Cattle into Smithfield the third Beast The Maior and Sheriffs of London shall answere the same before the Council 20 R. 3. A Bill was exhibited in Parliament amongst other things for the avoiding of the outragious expences of the Kings House upon which particular the King seemmed much offended saying he would be free therein and that the Commons thereby committed offence against him and his dignity which he willed the Lords to declare to the Commons and their Speaker was charged to declare the name of him who exhibited the said Bill which having done and the Bill delivered to the Clerk of the Crown the Commons came before the King shewing themselves of heavy cheer and declared they meant no harme submitted and craved pardon and Sir Thomas Hexey a Clergie-man who exhibited the Bill was by Parliament adjudged to die as a Traitor but at the request of the Archbishop of Canterbury and other Bishops pardoned for life and ordered to be by Sir Thomas Percy Steward of the House delivered to the custody of the Archbishop Anno 1 Hen. 4. The Commons pray that the King may have only two Tons of wine of every ship of wine coming to any port in the name of prize It shall be as heretofore 6 H. 4. That the owners of every Ship or other Vessel serving the King may have allowance of every Tonne waight of the same Vessel three shillings four pence for every quarter towards the apparrelling of the said ship The Statute therefore appointed shall be observed 7 8 H. 4. That all the Statutes touching buyers and Pourveyors may be executed and that payment may be made for victuals taken by the Kings Pourveyors from the time of his
for a greater observance is certainly to be tendered unto the King even in that particulâ—r of Praeemption which may well be believed by all that are not Quakers whose Tenants all the people of England are mediately or immediately by some or other Tenure Then that which is usually done to Lords of Manors Justices of Peace or Country Gentlemen by their Tenants or poorer sort of Neighbours who if they chance to catch any Woodcocks or Partridges in any of those Gentlemens Lands will bring them to their â—ouses to sell at such cheap and easie rates as they shall please to give for them and if which seldome happens they should carry them to the Markets and not thither are sure enough to be chid for it and crossed and denied in any greater matter which they shall have to doe with them And is but that or a little more curtesie which Butchers Fishmongers and other Tradesmen selling victualls or provisions in great quantities and all the year or often unto their constant Customers will not for their own ends fail to doe or neglect or to sell unto them at easier rates then unto others and find themselves to be many times no loosers by it insomuch as some have lately well afforded to sell to a constant Customer for great quantities at the same rate it was 40 or 60 years before And the Compositions of the Counties for Pourveyance to serve in Beefe Mutton Poultry Corn Malt and other provisions for the Kings Houshold and the maintenance and support of it at a more cheaper rate then the Markets yeild which when they were first set was but the Market rate or a little under long agoe made and agreed upon by the greater Officers of the Kings Houshold and some Justices of Peace in every County and easily and equally taxed and laid upon the whole and not upon any particular man which was poor or of a small Estate not fit to bear it May be with as much and more reason allowed and chearfully submitted unto as those many now called quit rents or Rent services which the most of our Nobility Gentry and others not for some few of them doe yet hold some of their Tenants to their antient and reasonable Customes doe receive and their Tenants easily and willingly pay for their several sorts of â—apola Gavels or Tributes charged upon their Lands before and since the Conquest in Kent a County recounting with much comfort of their many Priviledges and beneficiall Customes and most parts of England as Gavel Erth to Till some part of their Landlords Ground Gavel Rip to come upon summons to help to reap their Corn Gavel Râ—d to make so many perches of hedge Gavel Swine for pawnage or feeding their Swine in the Lords Woods Gavel werk which was either Manuopera by the person of the Tenant or Carropera by his Carts or Cariages Harth-silver Chimney-money or Peter-pence which some Mesne Lords do yet receive Were Gavel in respect of Wears and Kiddels to catch Fish pitched and placed by the Sea coasts Gavel noht or Fother or Rent Foder which did signifie pabulum or alimentum ut Saxones antiqui dixerunt and comprehended all sorts of victuals or provisions as the old Saxons interpreted it for the Lord probably in his progress or passing by them and was in usage and custome in the time of Charlemaigne the Emperor about the year of our Lord 800. when the people of Italy Regi venienti in Italiam solvere tenebantur pro quo saepe etiam aestimata pecunia pendebatur were to provide Foder or provisions for the King when he came into Italy in liew of which money to the value thereof was sometimes paid and was long after taken to be so reasonable as it was by the Princes and Nobility of Italy acknowledged in an Assembly to be inter Regalia as a Prerogative due to the King And after the Conquest for Aver Land or Ouver Land carriage of the Lords Corn to Markets and Fairs or of his domestick utensils saith the learned and Judicious Mr. Somner or houshold provisions of the Lord or his Steward when they removed from one place to another sometimes by horse Average sometimes by foot Average one while within the Precinct of the Manor thence called In average and at other times without and then called Out Average whereupon such Tenants were known by the name of Avermanni or Bermanni Smiths Land holden by the service of doing the Smiths work the not performing of which several services so annexed to the said several sorts of Lands and their Tenures made them to be forfeited which though not exchanged and turned into Rents Regis ad exemplum in imitation of the indulgence and favour of King Henry the first to the Tenants of his demeasne Lands either then or shortly after but many of them as appeareth by Mr. Somner continuing in Kent to the Reign of Henry the third others to Edward the first and Edward the third and some in other places to the Reign of King Henry the sixth and in all or many of the Abbies and Religious Houses untill their dissolution in the later end of the Reign of King Henry the eighth notwithstanding that the Lords of Manors and Leets receiving those free or quit Rents as they were called of their Freeholders and Tenants belonging unto their several Manors in lieu and recompence of those services did or ought in their Court Leets twice a year holden cause to be presented and punished any unreasonable prises for provisions or victuals sold in Markets Fairs oâ— otherwise or if they have not Leets are when they are Justices of Peace authorised to doe it and by that untill their Interests perswaded them to let their Tenants use all manner of deceipts in their Marketings and get what unreasonable prises they pleased so as they themselves might rack their Rents farre beyond former ages might have had their provisions untill this time at as low and easie rates as the Kings prouisions and Compositions were at when they were rated and set by the Justices of Peace in the severall Counties and all others of their Neighbourhood might also have enjoyed the benefit of the like rates which the Law intended them And the King may as well or better deserve and expect as many Boons or other services as the Nobility and other great men of the Kingdome doe notwithstanding many Priviledges and Indulgences granted by their more liberall Auncestors and better bestowing their bounties to their Tenants And to be furnished with Carts and Carriages at easie rates as well as the Earl of Rutland is at this day for nothing upon any removall from Belvoir Castle in Lincolnshire to Haddon in Darbyshire and elsewhere from one place to another with very many Carts of his Tenants which are there called Boon Carts when as all Lords or Gentlemen of any rank place or quality in the Kingdome doe take it to be no burden or grievance to their
benefits received which highly pleasing the Almighty and being lovely in the eyes of all men which are not only enjoyed but held fast and enforced by all the Nobility Gentry and richer sort of men in England when it happens to be denied as the services and customes of all their Tenants to grind their corn at their Lords Mill or baking their bread at his common Oven in some Borough or Market Town The Reliefs in Tenures by Knight Service or Chivalry fixed and appropriate unto those Fewds and Tenures and paid at the death of every Tenant dying seised being at the first never condescended unto by the Tenants by any paction or stipulation betwixt them and their Lords But although there was antiently and originally betwixt the Lord and the Tenant mutua fides tuendae salutis dignitatis utriusque saith Bodin a mutual obligation betwixt the Tenant and the Lord to defend one anothers Estate and Dignity or as Craig saith pactionibus interpositis de mutua Tutela upon certain agreements to defend one another were lately notwithstanding received and taken by the Nobility and Gentry as a gratitude and in that and no other respect were by the Tenants willingly paid unto them The Reliefs paid by the Heirs of Freeholders in Socage after the death of their Ancestors which being not paid by Tenants for years by a rack Rent do appear to have no other commencement but in signum subjectionis gratitudinis a thankfull acknowledgement for benefits received Or those duties payments which many Lords and Gentry doe enjoy in Cumberland Westmerland and many of the other Northern Counties which were not at the first by any original contract or agreement as to their Tenants particular services for so it could not be a custome but the Tenants at the first upon the only reason of gratitude untill it had by length of time and usage uninterrupted gained the force of a custome and that the succeeding Heirs and Tenants were admitted according to those customes did as willingly observe and acknowledge them The Fines incertain at the will of severall Lords which the Nobility and Gentry of other parts of England do receive and take of their Copihold Tenants under the penalty of a forfeiture if not paid in a reasonable time after they were assessed and the priviledges which they retain of seising their Tenants Copihold Lands as forfeit whether the Fines were certain or incertain if they sued Replevins against them distraining for their Rents or Services and had no other parents or originall untill custome had settled it then the Tenants gratefull acknowledgements of the Lords or his Ancestors former kindess and benefits bestowed upon them or their Progenitors And the Socage Lands and Freeholders might be Tallied or have a Tax laid upon them by their Lords at their will and pleasure as their necessities or occasions required as well before as after the Statute de Tallagio non concedendo made betwixt the years 25 34 Ed. 1. and if it had been an Act of Parliament and not a Charter could bind only the King as to his extraordinary but not to his legall Tallages untill custome by the kindness or favour of time and the curtesie and good will of their Lords did permit them by a desuetude of imposing and a well rellished custome of the Tenants not paying to enjoy their easie and cheap bargains and freedome of their Lands for which they should doe well to remember better then they doe their Benefactors and be more mannerly and gratefull then of late they have been and were before those indulgencies held to be so accustomed and usual as it was not seldome found by Inquisitions and Juries upon oath that such or such land was holden Et Talliari potest c. And might have Taxes or a greater Rent laid upon them by the Lord of the Manor in so much as the Kings demeasne Lands were not free from Tallage which will be evident enough by a presentment of a Jury of Nottinghamshire before the Justices in Eyre in anno 8 E. 1. or King Edward the first when the Kings Letters Patents of a Grant of the Town of Retford to the Burgesses thereof and their Heirs in Fee Farm was found and mentioned in these words viz. Edwardus Dei gratia c. Sciatis nos concessisse c. Burgensibus nostris de Retford quod ipsi eorum haeredes de cetero habeant teneant ad feodi firmam de nobis haeredibus nostris in perpetuum villam nostram de Retford cum pertnen reddendo inde nobis haeredibus nostris per manus suas proprias decem libras per annum ad Scaccarium nostrum ad festum Sancti Michaelis pro omnibus serviciis c. Salvo inde nobis haeredibus nostris Tallagio nostro cum nos haeredes nostris Dominica nostra per Angliam fecimus Talliari c. reserving to himself and his Heirs a Fee Farme Rent of ten pounds per annum and the power of Tax or Tallage or improving what he had granted unto them when he should have occasion to make a Taxe or Tallage upon all his Demesne Lands in England And untill Rents were racked of which the Kings of England and the Officers of their Revenue in land were seldom or never yet much guilty that Rents were improved as high as the profits of Lands all the Lands of England except the Copihold Customary lands by Fines certain the curtesie of time and their Landlords suffering their good will and charity to be reduced into thankless customs escaped it were liable to be made contributaries to many of the necessities or occasions of the Lords of Manors who formerly did not make Leases and take Fines to lessen the rents as they doe now by a high rate or rule of interest and disadvantages procuring their rents to be advanced as it were in the name of a Fine before hand nor if the Lands were holden in Capite by Knight service untill time and their Princes favours had disused it could make a Lease unto any Tenant of such Lands but by licence and then also for no longer a term then 3. or 7. years And their Lands and Rents except Capite and Knight-service and Copihold land and lands in Frank Almoigne being capable of no higher Rents or improvement cannot now be any more by them Tallied which in effect is but a calling for more rent or raising it which every Landlord may do where his Tenants are at Will or when their Leases are expired when they are now all but those Lands before excepted as to the King and the mesne Lords and the Lands of the Freeholders and Cop holders at the utmost or a very high rent And such Tallage is at this day not laid aside by our Neighbours of France in very many places were les Tailles se paient par ceuz du Tiers estat c'est a dire par les habitans
should be And that it was and will be for the good of the people unless the oppressing and cheating one another shall be understood to be for their good that the King and his subordinate Magistrates should correct and regulate the deceits and excess of rates and prices in Markets as those of the Fishmongers of London were by King Edward the first when they were fined five hundred Marks pro illicitis negotiis Forstallamentis aliis transgressionibus in officio suo Piscatorum for Forstallings and other unlawful practises in their Trades or as King E. 3. did when upon a Complaint made by the Commonalty of the City of London that the Butchers such a watchful eye was then kept more then now upon the deceits of Trade did stick and fasten the fat of great or fat Oxen upon the flesh of the lean whereby to promote the sale and price in deceptionem populi to the damage and deceipt of the people he commanded the Maior to provide a remedy or as an Assise of Bread and good and needful Ordinances for Bakers Brewers Inholders Vintners and Butchers was set and made there being an old Assise book made and Ordained in Anno 12 H. 7. by the Lords of the Privy Councel to Queen Elizabeth viz. John Archbishop of Canterbury Sir Christopher Hatton William Lord Burghley Henry Earl of Derby Charles Lord Howard Henry Lord Hunsdon Thomas Lord Buckhurst Sir Francis Knowles Sir Thomas Heneage Sir John Fortcâ—cue and Sir John Wolley or the Decree if had been observed which was made in the Star Chamber the thirteenth day of November Anno 11. of the Raign of King Charles the Martyr after consultation had with diverse Justices of the Peace and the Certificate of all the Judges of England viz. Sir Thomas Richardson Knight Sir Robert Heath Knight Sir Humfrey Davenport Knight Sir John Denham Kt Sir Richard Hutton Knight Sir William Jones Knight Sir George Croke Knight Sir Thomas Trevor Knight Sir Geâ—rge Vernon Knight Sir Robert Barkley Knight and Sir Francis Crawley Knight and confirmed by the Kings Letters Patents under the great Seal of England the 14. day of December then next following that No Inkeeper or Ostler within the Cities of London and Westminster or ten miles distant who have since made such excessive rates as have affrighted many of their Customers away who finde it less chargeable to come to London in passage Coaches or send their horses back into the Country to finde out more honest Inkeepers should take above six pence for Hay for a horse standing night or day nor more then six pence for a peck of Oats of the measure called Winchester measure No Tavernor or Victualler selling Wine by Retail should sell or make ready for sale any sort of Flesh Fish or other victual save bread nor procure to be set up the Trade of a Cook within the same house or in any Shop or Room thereunto belonging or in any house near adjacent nor permit or suffer any Flesh Fish or other Victual except bread to be brought into the house to be there eaten by any of his Guests And did likewise upon hearing of divers Inkeepers who could not deny but that the rates before specified were competent further ordain that where Grain and Hey should at a further distance from London be sold at lesser prices there the rates prices should be accordingly And that that Ordinance should continue in the County of Middlesex untill it should be made to appear to the Justices of the Kings Bench and in other Counties and places to the Justices of peace that because of the increase of prices in the parts adjoyning greater rates should be necessary to be permitted and that thereupon other rates should from time to time be set and being set were commanded and enâ—oynâ—d to be strictly and duely observed untill by the like authority they should be altered And cannot deny but that if the King and his Royal Progenitors if they could ex praevisione by some foresight of things to come of which supernatural eminencies there is a non datur or denyall even to Kings and Princes have understood that their ancient and lawful rights of Pourveyance and Prae-emption would in return of all their benefits daily and yearly heaped upon their subjects have been ever thought to have been a grievance or oppression or endeavored to be withheld from them they might have saved as much and more as that would have come unto by reserving upon all their bounties and grants or Leases of their Mannâ—rs or Lands their Pourveyance or houshold provisions or when they gave Lands of inheritance rendring small or disproportionate Rents or Fee Farms to the greater yearly value which they now appear to be might have added so much of Pourveyance or provisions as might have taken away that causeless murmur against the Pourveyance which our old Saxon King Aethelstane who raigned here in Anno Dom. 938. understood to be so necessary for his housekeeping as when he had subdued the Welâ—h Princes made them his Tributaries he caused them to Covenant with him at Hereford not onely to pay him yeerly twenty pounds weight of Gold and three hundred of Silver but five hundred head of Cattlâ— with Hawks and Hounds to a certain number towards which payment by the Statutes of Howel Dâ—a saith our Industrious Speed the King of Aberfraw was charged at sixty six pounds an Early Composition rate for Pourveyance the Prince Dinemore and the Prince of Powys being to pay the like sums of money And that now to deny it unto the Crown is a greater injustice and injury then to have denyed it to Queen Elizabeth King James or his son King Charles the Martyr or in some hundred years before for that then our Kings and Princes might have preserved themselves and their successors from the rapines and unconscionable rates and prices of houshold provisions which some of his subjects might have forborn to impose upon their King though they do it upon others That if in the Raign of King Henry the seventh a Law or Act of Parliament had been made that for one hundred and fifty years after to the end to make a Treasury or provision of money which Common-wealths and many Kingdoms are not without for the protection and defence of the people against invasions or emergent evils the prices taken in the Markets more then formerly over and above the genuine and real worth of the Commodities should be collected and laid up for the good of the Publike or that all that took Lands to Farm should pay ten times the former yearly value and all things bought in the Market should like the King of France his Salt be for some things at three or four times or for others at ten fifteen or 20. times beyond the true value it would not be imaginable how near the peoples murmuring would have arrived to that of the Children of Israel in the Desart when they
exemption by an Assessement to be made for that purpose Or by the West Indians in Guaxara who by order of the high Justice do deliver unto Fryers travailing that way if they have no money Horses to ride on or to carry their carriages or provision without money so that at their departure they write it down in the Town book what they had spent and not abide above four and twenty hours in the Town where by a contribution their expences are defrayed Or by the old Irish one of which being a Tenant of Termonland or Land belonging to the Church and unwilling to change his old customes for new said to the Bishop of Dermot of whom he held his Lands non debet dominus mutare censum antiquum sed si careat rebus necessariis vaccis pinguibus c. debet ad nos miâ—tere Et nos debemus subministrare nam quaecunque nos habemus Domini sunt nos etiam ipsi illius sumus My Lord ought not to change his ancient Customes Rents or services due out of the Land but if he wanteth necessary provisions for his house and family as fat Cows c. we ought to furnish them for whatsoever we have are his and we our selves are the Lords Or by the modern Irish or inhabitants of Ireland who notwithstanding the Pourveyance or Compositions for Pourveyance and Prae-emption allowed to the Kings Lord Lieutenant of that kingdom could since the abolition of that most useful necessary custome in England offer if Fame did not mistake her self an yeerly supply of 3000. Irish Oxen or Cattel towards the support of the King and his Family and have besides in their Act of Parliament lately made for the execution of his Majesties Declaration for the setlement of that kingdom consented That the Lord Chief Justice of his Majesties Court of Kings Bench the Lord Chief Baron of his Majesties Court of Exchequer and the Master of the Rolles or any other 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 Tythes forfeited unto or vested in his Majesty his heirs â—nd successors which have been formerly paid or reserved Or by the Scots a people never as yet exceeding or so much as keeping even pace with their neighbors of England in civilities kindness and gratitudes who when their King Malcolme who raigned in Scotland in Anno Dom. 1004. had given and distributed all the Lands of the Realm of Scotland amongst his men and reserved na thing as the Act of Parliament of 22 Jac. 3. beareth in property to himself but the Royal dignity and the Mute hill in the Town of Scone could give and grant to him the ward and relief of the heir of ilke Baron quhan he sold happen to deceis for the Kings sustentation And did notwithstanding so well esteem and allow of those ancient rights of Pourveyance or Compositions for them as in the Raign of their King James the 4. in the year of our Lord 1489. The Lords spiritual and temporal and uthers his Leiges did declare in Parliament that it was the Kings property for the honorable sustentation of his house according to his Estait and honor quhilk may not be failized without great derogation of his noble Estaite and that his true lieges suld above all singular and particular profit desire to prefer the noble Estaite of his Excellence like as it was done in the time of his maist noble progenitors of gud minde And did therefore think it neidful expedient and reasonable And did statute and ordain that full derogation cassation and annullation be maid of all Gifts Donations Infeftments Fewes life Rents given by his Hieness to quhat sumever person or persons sen the day of his Coronation swa that all Lands Rents Customes Burrow Mailles Fermeâ— Martes Mutton Poultery avarage carriage and uther Dewties that were in the hands of his Progenitors and Father the day of his decease notwithstanding quhat sumeuer assignation or gift be maid thereupon under the Great Seal Privy Seal or uthers be all utterly cassed and annulled so that the haill profits and Rents thereof may cum to the King to the honorable sustentation of his house and noble Estaite Or so much degenerate from the Brittaines our Ancestors and predecessors who were heretofore so glad of any occasions to express their love and honor of their Princes as when they made their progress or had any occasion to visit any of their houses they flung the doors off the Hinges and gave them open hearted and free entertainment Nor deny those respects and duties to our Kings which no other Nations do refuse to their Kings or Princes which may make us to be an hissing and reproach to other Nations and by using our head so ill to be esteemed as the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 people without an head or the Sciopedes who are reported to have such large feet as they can when they please cover their head with it and never let it be said that when a factious and rebellious part of our people could in the year 1656. suppose it to be their Interest to exchange with Cromwell their Antichrist or Mahomet their Religion Laws and liberties for his Tyrannical and Arbitrary will and pleasure and petition him in their Conventicle or pretended Assembly of Parliament that he would besides the remainder of the Kings Queens and Princes Revenues not disposed of except Forrests and Chaces and the Mannors thereunto belonging and of all the Lands of Delinquents in the Counties of Dublin Kildare Clare and Katerlaugh the forfeited Lands in Scotland which were great and considerable two parts of the Recusants Lands in England not compounded for and all Debts Fines Penalties Issues and casual profits belonging to the Keepers of the liberties of England so miscalled which was by them and their fellow Usurpers setled upon him and was of it self a Revenue too great for all the Brewers of England to accept of ten hundred thousand pounds sterling per annum to be leavyed upon the people with such other supplies as should be needful to be raised from time to time by consent of that which they Nick named a Parliament and three hundred thousand pounds per annum to be raised for the charge of the Administration of Justice and support of Government which he thinking not enough to serve his wicked occasions designes or desires to â—lay or keep in exile the heir of the Kingdoms tells his dutiful Parliament at a conference in April 1657. that the charge of the Government would yearly amount unto ninteen hundred thousand pounds sterling and therefore though the war with Spain should cease desired that the thirteen hundred thousand pounds per annum might have six hundred thousand pounds per annum more added thereunto and that that could be willingly assented unto and all the Loyal party enforced and driven to submit
or any manner of Article contained in that Charter willed and granted that such manner of Statutes and Customes should be void and frustrate for ever Anno 28 Ed. 1. Artic. super Chartaâ— ca. 2. upon complaint that the Kings Ministers of his house did to the great grievance and damage of the people take the goods as well of the Clergy as the Laity without paying any thing or els much less then the value It was ordained that no Pourveyors should take any thing but for the Kings House and touching such things as they should take in the Country of meat and drink and such other mean things necessary for the house they should pay or make agreement with them of whom the things should be taken nor take more then should be needfull to be used for the King his Houshold and Children with a Proviso therein that nevertheless the King and his Counsel did not intend by that Estatute to diminish the Kings Right for the antient prices due and accustomed as of wines and other goods but that his Right should be saved unto him in all points Anno 16 Ed. 2. the King sent his Writ to the Justices of the Court of Kings Bench then not so fixed as now or of later times to command them to take care to punish the Infringers of those Lawes And howsoever the Articles and inquiries in the Eyres in the Reign of King Edward the first were to enquire and punish those Sheriffs Constables or Bayliffs which took any victuals or provisions for the King or his Houshould which shews that then also no Markets were kept at the Court gates nor that all the Kings provisions were there bought or taken contra voluntatem eorum quorum Catalla fuerint without the will of the owners which in all probability was to be regulated and perswaded by that duty and loyalty which every good Subject coming to a Country or City Market did bear to his Soveraign and the Preserver by his authority and power of not only what they brought to Market that day but what was left at home or to be brought at other times to Market and the words sine consensu voluntate c. without the consent of the Seller are to be interpreted and understood saith Sir Edward Coke to have been inserted in that and other Statutes for that Pourveyers would take the goods of such men as had no will to sell them but to spend them for their own necessary use But afterwards some abuses like weeds getting in amongst the best corn or greatest care of the watchfull Husbandman happening in the manner of Pourveyances by taking them without warrant or threatning the Sellers or Assessors to make easie prices or not paying ready money or the Market rate for them or taking more then they needed or by greater measures making the Pourveyances for divers Noble-men belonging to the Court as of the Duke of Gloucester in the Reign of King Henry the sixth and in his time also some Hostlers Brewers and other Victuallers keeping Hosteries and Houses of retailing victuals in divers places of the Realm having purchased the Kings Letters Patents to take Horses and Carts for the service of the King and Queen did by colour of them take horses where no need was and bring them to their Hosteries and other places and there keep them secretly untill they had spent xx d or xl.d. of their stuff and sometimes more and then make the owners pay it before their horses could be delivered and sometimes made them pay a Fine at their will and at other times took Fines to shew favour and not to take their horses and many times would not pay for the hire of the said horses and carts divers Acts of Parliament upon complaints at several times in Parliament of the said abuses committed by Pourveyers were made to prohibit and provide against them but none at all to take away the Pourveyance it self or Prae-emption or the Kings just Rights and Prerogatives therein but a saving of the Kings Rights especially provided for in many of them as Anno 10 Ed. 3. ca. 4. The Sheriff shall make Pourveyance for the Kings horses Anno 18 Ed. 3. ca. 4. In the Commissions to be made for Pourveyance the Fees of the Church shall be exempted in every place where they be found Anno 25 Ed. 3. ca. 1. after that in Anno 20 Ed. 3. divers Pourveyers had been attainted and hanged for fending against those Lawes and that in the 23. year of that Kings Reign divers of the Kings Pourveyers were indited for breach of those Lawes It was enacted that If any Pourveyer of victuals for the King Queen or their Children should take Corn Litter or Victuals without ready mony at the price it commonly runneth in the Market prized by Oath by the Constable and other good people of the Town he shall be arrested and if attainted suffer pains as a Thief if the quantity of the goods the same require Cap. 6. No Pourveyer shall take cut or â—ell wood or Timber for the Kings use for work growing near any mans dwelling house Et cap. 7 Keepers of Forrests or Chaces shall gather nothing nor victuals nor sustenance without the owners good will but that which is due of old right Cap. 15. If any Pourveyer take more sheep then shall be needfull and be thereof attainted it shall be done to him as a Thief or a Robber Anno 36 Ed. 3. ca. 6. No Lord of England nor none other of the Realm of what estate or condition that he be except the King and the Queen his wife shall make any taking by him or any of his Servants of any manner of victuals but shall buy the same that they need of such as will sell the same of their good will and for the same shall make ready payment in hand according as they may agree with the seller And if the people of Lords or of other doe in other manner and thereof be attainted such punishment of life and of member shall be done of them as is ordered of the buyers the occasion of the making of which Statute and the preceding Act of Parliament of 25 Ed. 6. before mentioned Sir Edward Cook informes us was a book written in Latin by Simon Islip Archbishop of Canterbury and before that a Secretary of State and Privy Councellor to King Ed. 3. called Speculum Regis sharpely inveying against the intollerable abuses of Pourveyers and Pourveyance in many particulars and earnestly advising and pressing him to provide remedies for those insufferable oppressons and wrongs offered to his Subjects which the King often perusing it wrought such effect as at divers of his Parliaments but especially in his Parliament holden in the 36 year of his Reign he did of his own will without the motion of the great men or Commons as the Record of Parliament speaketh cause to be made many excellent Laws against the oppressions and falshood of Pourveyâ—rs
and profit of holy Church and the King and his People Which Rules and Rates being not held to be a publick grievance in all his Reign and the Reigns of King Edward the sixth and Queen Mary some of the Counties in the beginning of the Reign of Queen Elizabeth though the people thereof were most commonly well paid for their provisions by the Queens Pourveyors finding some trouble and attendance in the procuring their monies to be paid for their commodities which were sometimes taken upon credit by reason of so many Offices Cheques Intrada's and Comptrolments which they were to pass through at the Court did about the fourth year of her happy Reign petition her to accept the value in money to be yearly paid by the Countries which she by no means hearkening unto it came afterwards to an agreement what proportion those and severall other Counties should yearly serve in Oxen Calves Muttons Poultry Corn c. In which she was so carefull to preserve her Subjects and People from grievances or just causes of complaints as in Anno 32 of her Reign Nicholls one of her Pourveyors was attainted of Felony and hanged for forcibly taking provisions without money and those compositions and agreements for provision of the Houshold continuing all her glorious and happy Reign and all the Reign of the peaceable King James it was in the eighth year of his Reign in the case betwixt Vaâ—x and Newman resolved by the Judges and allowed for law that it was lawfull for a Pourveyor paying for them to take Cattle for the Kings House by virtue of the Kings Commission and cited the book of 18 H. 6. 19 b. to that purpose And in the third year of the Reign of King Charles the Martyr were none of the grievances then complained of in order to the obtaining of the Petition of Right and confirmation of the Peoples Rights and Liberties or of those which were then alleaged to be infringed Although that in the Reign of King James some of his Pourveyors having taken greater quantities of provision for his House and Stable then ever came or were needfull to his use and caused Timber to be cut down thereupon in Anno 2. of his Reign it was resolved by all the Judges of England and Barons of the Exchequer upon mature deliberation that the Kings Pourveyors could take no Timber growing upon the Inheritances of the Subject because it was parcell of their Inheritances no more then the Inheritance it self of which the King and his Council being informed he did by a Proclamation dated 23 Aprilis anno 4 of his Reign prohibit such their ill dealings and divers Pourveyors were afterwards punished by the Court of Starre-chamber for Pourveying of Timber growing without the consent of the owners Nor had that fatal and ever to be bewailed Remonmonstrance of the House of Commons in Parliament the 15. of December 1641. in which was too industriously amassed and put together all the errors imaginable in the Government and Reign of that pious Prince and more then could be proved any thing to charge upon the Pourveyance or Compositions for the provision of the Kings Houshold but only that the people were vexed and oppressed with Pourveyors and Clerks of the Market neither in their nineteen Propositions in June 1642. sent to the King at Oxford wherein they would have lessened his power all they could and extended their own was there any thing proposed for the taking away of the Royal Pourveyance or Compositions or in other propositions afterwards sent thither or in the Treaties at Uxbridge and the Isle of Wight Nor if causes and circumstances be as they ought to be well weighed in the Ballance of Judgement and all things rightly considered could be any grievance or cause of complaint When as the remote Counties which had less benefit by the constant residence of Q. Elizabeth King James King Charles the First in their Chamber of London the heart of the Kingdome did bear very little and the near adjacent Counties which by heightning their Markets and prices of all sorts of Commodities by a large improvement of their Lands and Rents to above twenty times more then â—t was in the Reign of King Henry the seventh and ten times more then it was in the eighteenth year of the Reign of Queen Elizabeth might better afford it did not pay or bear much in the Pourveyance or Composition which were made by the Justices of the Peace in each County upon consultation and agreement with the Officers of the Green-cloth in the Kings House for serving in a certain quantity of provisions out of every County at such rates and prices as were agreed on betwixt them as by a few instances of many may easily appear by what was yearly charged upon the Counties of Essex and Midlesex neer adjacent to London and the Counties of Derby Worcester and York which were more remote viz.  The Kings price Totall  l. s. d. l. s. d. Wheat 500 quarters at 0 6 8 166 13 4 Oxen fat 20 at 4 0 0 80 0 0 Muttons fat 300 at 0 6 8 100 0 0 Veals 300 at 0 6 8 100 0 0 Porks 100 at 0 6 8 33 6 8 Boars 6 at 0 13 4 4 0 0 Bacon Flitches 30 at 0 2 0 3 0 0 Lambs 1200 at 0 1 0 60 0 0 Geese 5 dozen at 0 4 0 1 0 0 Capons 10 dozen at 0 4 0 2 0 0 Hens 30 dozen at 0 2 0 3 0 0 Chickens 150 dozen at 0 2 0 15 0 0 Pullets 40 dozen at 0 1 6 3 0 0 Hay 134 loads at 0 8 0 53 12 0 Oats 1426 quarters at 0 4 0 285 4 0 Litter 120 loads at 0 4 0 24 0 0 Wood 769 loads at 0 3 0 115 7 0 Coals 250 chalder at 0 13 9 171 17 6 Summe    1201 0 6  Kings price Totall Wheat 200 quarters at 0 6 8 66 13 4 Veals 40 at 0 12 0 24 0 0 Veals 100 at 0 6 8 33 6 8 Green Geese 20 doz at 0 3 0 3 0 0 Capons course 10 doz at 0 4 0 2 0 0 Hens 20 dozen at 0 2 0 2 0 0 Pullets 20 dozen at 0 1 6 1 10 0 Chicken 40 dozen at 0 2 0 4 0 0 Hay 202 loads at 0 4 0 40 8 0 Oats 211 quar 2 bush at 0 4 0 42 5 0 Litter 180 loads at 0 4 0 36 0 0 Wood 200 loads at 0 3 0 30 0 0 Summe    285 3 0 The Market price Totall Difference l. s. d. l. s. d. l. s. d. 1 16 8 916 13 4 640 0 0 10 0 0 200 0 0 120 0 0 1 0 0 300 0 0 200 0 0 1 4 0 360 0 0 260 0 0 1 3 4 116 13 4 83 6 8 4 0 0 24 0 0 20 0 0 0 10 0 15 0 0 12 0 0 0 8 0 480 0 0 420 0 0 0 18 0 4 10 0 3 10 0 0 16
his Plate for religious uses for his Chappel and Devotion sell the Coats of the Yeomen of his Guard break in scorn his great Seal of England by the hand and hammer of a common Blacksmith which shewed what they intended to the life of the owner drive and engage all men into a monstrous Rebellion a slavery which proved to be the consequence and just reward of it and deprive him as much as they could of the loyalty duty love and obedience of his people and having abundantly enriched themselves and their Godless praying party by the Crown Lands and Revenues of the Church most of the Nobility and Gentry and many other good men and their Families did not think it reasonable to serve their Master for a little but as a further reward and recompence for their care and diligence to oppress and ruine their King and his better Subjects would be sure to make for themselves as good a Pourveyance and Provision as they could upon pretences of some little losses in their own small and necessitous Estates and allow one another besides their gaine of plundering and traiterous and sacrilegious purchases out of the improvements of the Common misery and washing as well as wasting three Kingdomes over in blood some fifty pounds some ten some four pounds a week towards theiâ— support and maintenance and to make their proportions the more plausible and to seem something reasonable would not leave out of the account the well stretched Items of the losses and charges of their Grandchildren married Sons and Daughters and when they had finished their ungodly work murdered the King Monarchy Magna Charta Petition of right and the Lawes and Liberties of the People and converted their own sins into the bloody and unsure foundation of a Common-wealth founded upon the blood and murther of their Soveraign and many thousands of his loyal and religious Subjects and the perjury of themselves and as many as they could perswade or constrain unto it and the greatest of iniquities and made the people who got as much ease by it as the Asse in the Fable who thought to make his burden of Sponges the lighter by lying down in the water with them believe that when two parts in three of the Kingdome were undone to enrich a third and brought under a slavery and arbitrary power of the mechanick and ruder sort of them that their freedome from Pourveyance and Cart-taking was an especial deliverance which amongst other wonderfull things as they called them pretended to be done for them being only to buy Sadles for their reforming Legislators to ride upon their backs and a favour much of kin to that of Pharoahs kind usage of the Children of Israel when he set Task-masters over them to afflict them with burdens made their lives bitter with hard bondage caused them to make bricâ— and double the Taâ—e thereof and gather the straw was recompence sufficient for all their money and sins laid out in that wicked and detestable cause and for all that which they were to endure in this life and the next and in that seeming holy but assured cheating a miserable and strangely deluded Nation continued like the Egyptians in their way to the Red sea and oppressing of Gods people untill their Oliver and grand Impostor and Instrument had out-witted and undermined them and insâ—ead of many Tyrants had set up his single Tyranny and having from an indebted and small Estate made much less by a former drunken and debauched conversation by which he was so streightned as not to be able to buy some oats or pease to sow a small parcel of ground but to borrow some of a friend upon his promise of a Repayment upon his hoped for increase at Harvest did notwithstanding neither then nor after a more plentifull crop of his wicked doings and that great Estate which the sinnes of a factious and wicked part of the people had made him Master of ever find the way to satisfie or repay And having largely pourveyed for himself better then he could do in his Brewhouse put an Excise upon Ale Beer and intoxicated as many as he could seduce with an opinion that Rebellion was Religion and gotten an Arbitrary power with a large Revenue in Lands which was the Kings and other mens an Army of twenty thousand Foot and ten thousand Horse and a formidable Navy to be maintained at the peoples charge to continue their misery and three hundred thousand pounds per annum to defray the charges of his tyrannical Government took himself to be a Child of Providence and something more then one of the smallest Branches of Cromwell alias Williams King Henry the eights Barber and therefore in order to a Kingship or something by another name amounting to as much made it his work to disguise and metamorphose the antient Government decry our fundamentall Lawes and every antient constitution dig up by the roots all that was not novel or assistant to his designs fit to make a head out of the Heels and after he had taken an oath to maintain and preserve the Laws and Liberties of the people imprisoned Serjeant Maynard Serjeant Twisden and Mr. Wadham Windam who pleaded in the behalf of a Client for them thought it to be conscience Law and Latin good enough to call our Magna Charta magna Farta and did so order his Convention or thing called a Parliament of England compounded and made up of time-servers and a Medly of Irish and Scottish of the like complexion as they were brought in Anno 1656. by one of their Tooles called an Act of Parliament to ordain that pourveyance or Composition for the Kings house which they were taught to alleage to be a grievance to the people and very chargeable when there was none at all at that time in being in England nor was ever intended by many of the worshipfull Mushrooms to be thereafter should no more be taken under pain of Felony And was as great a kindness and ease to the people as if they had ordained that no more Subsidies which seldome amounted to more then a tenth part of the late yearly Taxes should be imposed by Parliament but Assessments at 70 thousand pounds or one hundred and twenty thousand pounds per mensem as often as long as that which they called the supreme Authority should have or feign a necessity for it or that offenders should be no more sent for by the Kings messengers or tried by Juries and the known Laws of the Land but at Cromwells High Court of Justice or Shambles lined with red or bloody Bayes or that there should be no more use or trouble of the Train Bands but an Army of 30000 domineering Redcoats or Fanaticks with their Bashaws or Major-Generals maintained at the peoples charge to keep or make them quiet under their vassalage or slavery or that there should be no more Coat and Conduct money long agoe remitted by King Charles the Martyr
interpreted fraud and deceit neque verò tantum intellectum rerum sed in voluntatis usu quaedam contrahentibus inter se aequalitas debetur ne plus exigatur quam par est and that not only in the right apprehension or understanding well what is bought but in the exercise of the will there be an equality or rule of equity kept and observed betwixt the contracters so as nothing be exacted or required more then is fitting From whence the power of keeping Markets and Fairs and of the meetings or gathering together of the people to buy or sell thereat which have been so exceedingly profitable to the people and so abundantly usefull and not to be wanted was so originally in government and so inherent to Monarchy and Magistracy as without the Kings Licence or approbation it could not without the danger of sedition or ill intended or dangerous Assemblies or Meetings of the people be left to every man to do what he would in coming thither nor be consistent with the Rules of Justice to permit the rich and mighty to oppress the weak and needy by enhaunce of prices using false weights or measures deceitfull dealing or sale of corrupt and unwholsome victuals and in that particular also had no worse a foundation and originall then the Laws and command of the Almighty and the King of Kings Ye shall doe no unrighteousness in judgement in mete yard in weight or in measure just ballances just weights a just Ephah and a just Hin shall ye have a false ballance is an abomination to the Lord but a just weight is his delight a just weight and ballance are the Lords or as the Latine hath it Judicia Domini sunt all the weights of the bag are his omnis aestimatio siclo Sanctuarii ponderabitur and the Shekel of the Sanctuary was to be the Rule or Standard Et statutum ergo erat in Haebraeorâ—m republica ut omnes venditiones emptiones omnesque contractus qui pecunia conficiebantur probatis siclis juxta justum Sicli Sanctuarii conficerentur and it was therefore saith Menochius a Custome or Law amongst the Hebrews that all buying sellings and contracts made for money should be according to that Shekel magistratibus constitutis ementium indemnitati consultum est and the care that buyers should not be deceived belonged to the Magistrate The Athenians had their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ad quos pertinebat curare ut venditores justis mensuris uterentur Officers like our Clerks of the Market which did oversee and take care that the sellers should sell by just and true measures and the other Cites and parts of Greece were not without their Officers qui negotiationi Nundinationi praefuerunt which were appointed to look to the Markets and Fairs which Aristotle likes so well of as he makes it to be primum ex necessariis more then ordinarily necessary To which were somthing near related the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 at Athens qui curabant ut frumentum farinae panes justo pretio venderentur eâ—rumque decem in urbe jus dicebant quinque in Piraeo which ordered corn bread and other provisions to be sold at reasonable rates ten of which had their Judicatories in the City it self and five in the Piraeum or Haven Whence probably the Romans their imitators and after subduers having learned it had their Aediles Cereales qui falsas mensuras frangebant which broke any false Measures they could find and imposed Fines upon offenders quibus as St. Hierom saith vendentium rabies coercebatur the extortion of sellers was hindred and some ages after under their Emperors vini carnis sabiâ— curam prefectus Annonâ— habebat ut ne immodico pretio obsonia venderentur the Prefect or Surveyor of victuals and provision did take care that wine flesh salt and victuals should not be sold at unreasonable prices aestimabantur pecora pro anni fertilitate usu temporum and set the rates of Cattel according to the plenty of the year or accustomed rates Et pecâ—rum carniumque aliorum ad victum civium spectantium prefectus urbis arbiter erat And the Governour of the City had also a power of rating the price of Cattel flesh and other victuals and the Civil Law informes us that in every Town of the Roman Empire which was once extended over a great part of the world there were some appointed to look to weights and measures Which the Gothes as small friends as they were of the Civil Lawes so well liked as they could not but cut out a pattern by it and the Franks Germans Swedes and Spaniards and all other Nations of Europe within the large lines of Communication of the Jus Caesareum or Civil Law though some of them as the Dutch Hungarians and others gain the greater Excise or Tribute by the rise or heightning of the prices of many things which are sold at the Markets in the great and Western Empire of the Romans held to be so consistent with right reason and the ends and good of Government as by the love and liking or necessity of it they would make that and no other the path and readiest way to suppress or prevent the peoples too much exacting and oppressing of one another in the daily use of victuals and necessaries as the Banda's or rates set by the Magistrates in Rome Florence Italy and Spain upon Butchers meat and other sorts of victuals and commodities so as a child may be sent to Market and not be cozened will sufficiently evidence The Wisigothes ordained double the price quantum de justo pretio fraudatum est as much as was over and above their just price to be restored by the buyer to the seller Et si in contractu venditionis minus precium datum fuerit per fraudem if in the bargain a lesser price was given by deceipt aut etiam contra voluntatem vendentis amplius datum precium or a price greater then the seller would have taken And Four times the value of what was gained by deceipts by false weights or measures was to be paid to the party grieved The old Almans did rate and set the price of Oxen. The Emperor Charlemaigne commanded the Longobards ut mensurae secundum jussionem suam aequales fiant that their measures should as he had ordained be equall and in time of scarcity and famine limited the price of Oats and Barley The Emperor Frederick the Second in Anno 1224. ordained that deprehensus in dolo cibaria prohibita vel corrupta vel vinum lymphatum pro puro vendendo That if any of the Sicilians should deceive another or sell prohibited or corrupt meat or bad and adulterated wine though by no worse ingredients then water for good he should pay a pound of the purest gold to his Exchequer if he were poor and could not pay it he should be
solvat persolvat postea forisfacturam nor to sell or buy any thing for money but within Cities and before three witnesses nor without a Voucher or warranty and if any did otherwise they were to be fined and at last incurre a forfeiture Item nullum mercatum vel forum fieri permittatur nisi in civitatibus regni jus suum commune dignitatis coronae quae constituta sunt a bonis predecessoribus suis deperiri non possunt nec violari sed omnia rite in aperto per judicium â—ieri debent likewise that no Market be kept but in Cities so that the right of the King and the dignity of his Crown as it was constituted in the times of his good predecessors might not be lost defrauded or violated and that all things be rightly and openly done according to right and justice King Henry the 1. his Son saith the Monk of Malmsbury corrected the false Ell or Measure so called of the Merchants brachii sui mensura adhibita omnibusque per Angliam proposita causing one to be made according to the measure or length of his own arm ordered it to be used through all England and in his Laws reckoneth the punishment of false Coiners and prohibiting and punishing of Forestall or forestalling of Markets inter Jura his Rights Royal Prerogatives quae Rex Angliae solus super omnes homines habet in terra sua which belonged to him only as King of England and without an Act of Parliament ordered the rate and value of mony which being the mensura rerum measure guide of all things in commerce and dealings one man with another hath no small influence or power in the heightning or lessening of the price of things and is such a part of Soveraignty as the Parliament in their 19. high and mighty and unreasonable propositions sent unto the late King Charles the Martyr in his troubles in June 1642. never attempted to restrain or take from him In the Reign of King Henry the second when as Ranuphus de Glanvilla Chief Justice of England under him saith in that book which is generally believed to have been written by him the Laws and Customes of England being ratione introductis diu obtentis founded upon reason and long used had arrived to that perfection as pauperes non opprimabantur adversarii potentia nec a limitibus Judiciorum propellabat quenquam amicorum favor gratia the poor were not oppressed by their adversaries power nor did partiality or friendship hinder any from Justice the inquiry and punishment of false measures and all manner of deceipts did appertain Coronae Regis to the King only Justices in Eyre were after the return of King Richard the first from his Captivity sent into all Counties of England to enquire amongst other things de Faeneratoribus vinis venditis contra Assisam de falsis mensuris tam vini quam aliarum rerum of Usurers and of wine sold contrary to the Assize and of false measures as well of wine as other things In Anno quarto of King John being thirteen years before the granting of Magna Charta de Libertatibus Angliae the great Charter of the Liberties of England the King did by his Edict and Proclamation command the Assize of bread to be strictly observed under the pain of standing upon the Pillory and the rates were set the Assise approved per Pistorem as Matthew Paris saith Gaufridi filii Petri Justiciarii Angliae Pistorem R. de Thurnam by the Baker of Jeoffry Fitz Peter Justice of England and the Baker of R. of Thurnam And in the Magna Charta and Liberties granted by him afterwards at Running Munde or Mead near Stanes assented which our Ancestors and Procurers of that Charter believed to be for a publick good that una mensura vini cervisiae sit per totum Regnum una mensura bladi scilicet quarterium Londinense una latitudo pannorum tinctorum russetorum haubergetorum panni genus a kind of Cloth saith Sir Henry Spelman then so called there should be throughout all England one measure of Wine and Beer and the like of Corn and of the breadth of Cloth died and russet or other kinds And was confirmed by King Henry the third his Son in Anno 9. of his Reign who by an Ordinance made by the Kings command and on the behalf of the King howsoever it be stiled a Statute and is placed in our Statute book collected by Mr. Poulton amongst those which he calleth Statutes incerti temporis made in the Reigns of Hen. 3. Ed. 1. or Ed. 2. but cannot assign by whom or in what years or times but in all probability in the Reign of King Henry the third did ordain that no Forestaller which is an open oppresser of poor people and of the Commonalty and an enemy of the whole Shire and Countrey which for greediness of his private gain doth prevent others in buying Grain Fish Herring or any other thing to be sold coming by Land or waters oppressing the poor and deceiving the rich and câ—rrieth away such things intending to sell them more deer should be suffered to dwell in any Town he that shall be convict thereof shall for the first offence be amerced and lose the thing so bought and for the second time have judgement of the Pillory the third time be imprisoned and make Fine and the fourth time abjure the Town And this Judgement to be given upon all manner of Forestallers and likewise upon them that have given them counsel help or favour And providing that his people should not be oppressed with immoderate unreasonable prices in the buying of food and victuals and other necessaries did by his Writ limit the price of Lampreys and had as his Royal Progenitors such a power and just Prerogative of regulating and well ordering of Markets and Fairs as notwithstanding any Charters or Grants of Fairs and Markets to Cities and Towns he did in anno quinto of his Reign upon a complaint of some Merchants of Lynn that when they came to sell their goods and Merchandize at Norwich the Merchants or Tradesmen took away their goods and Merchandise to the value of three hundred marks by his writ give them power to arrest and seize any goods of the Norwich Merchants which should come to any Fairs at Lyn untill that Justice should be done unto them And in anno 49. of his Reign commanded the Barons of the Exchequer that they should inroll and cause to be executed his Letters Patents of a Confirmation to the Citizens of Lincoln of a Charter of King Henry the second his Grandfather that the Sheriff and other the Kings Officers and Ministers of Lincolnschiry should not hinder forraign Merchants to come to Lincoln to trade there ita rationabiliter juste as reasonably and justly as they were wont to do in
the times of his great Grandfather Henry the first his Uncle King Richard and his Father King John or at any time in his own Reign untill his first going over the Seas into Britain for the Kings of England saith the learned Sir John Davies have always â—ad a special Prerogative in the ordering and government of all Trade and Traffique in Corporations Markets and Fairs within the Kingdom which the Common Law of England doth acknowledge and submit unto as amongst many other things may appear by the Charter granted to the Abbot of Westminster mentioned in the Register of Writs wherein the King doth grant to the Abbot his Successors to hold a Fair at Westminster for two and thirty dayes together with a Prohibition that no man within seven miles thereof should during that time buy or sell but at that Fair. Whence for the freedome of Markets and Fairs protection in going and retorning and other immunities had their extraction and original and no less just and reasonable then antient foundation those duties of Toll or Tribute for all things sold in them the Exemptions of the Kings own Tenants or in Auntient demeasn by writs de quietos esse de Theloneo to be Toll-free à regale and power not denied to any forreign Prince or King in Christendome or the States of Holland in their free as they would be called Common-wealth the benefit and authority whereof most of the Nobility and Gentry of this Nation tanquam Reguli as little Kings do by the Charters and Grants of the Kings of England or a Prescription or time immemoriall which supposeth it now injoy in their Manors under that part only of his Prerogative and many Cities Boroughs and Towns Corporate by their Charters have likewise not only before the 49 of Henry third but in almost every Kings Reign since their Liberties Customes and Franchises concerning their Markets and Fairs and the assise and correction of victuals Whence also were deduced the Standard kept in the Exchequer for all weights and measures the Kings power of the Mynt coyning enhauncing or decrying the value of moneys and his publick Beam or Weigh-house in London where all Merchandise brought from beyond the Seas are or should be justly weighed And whence it came that King Henry the 3. in the ninth year of his Reign caused the Constable of the Tower of London to arrest the Ships of the Cinque-Ports on the Thames and compel them to bring their Corn to no other place but only to the Queens Hithe charged in anno undecimo of his Reign the said Constable to distrain all Fish offered to be sold in any place but at Queen Hithe and that Tolls and payments were then and formerly made and paid to the Kings use for Corn Fish and all other provisions brought thither or to Down or Dowgate the rent and profit whereof were afterwards in anno 31. of his Reign granted and confirmed to the Maior and Commonalty of London at 50 l. per annum Fee-farme And in Anno 14 H. 3. forraign Ships laden with Fish were ordered to unlade only at Queen Hithe and if any did contrary thereunto he should be amerced forty shillings Whence also proceeded that well known and antient Office of the Clerk of the Markets in the later end of the Reign of King Edward the first who was not to be a stranger in the prices or rates of the Markets for his Office extended something further then the care of just weights and measures and as Sir John Davies saith was to oversee and correct all abuses in Markets and Fairs it being said in Fleta that ipse in notitia assisarum panis vini mensurarum cervisiae debet experiri ut inde notitiam habeat pleniorem he ought well to inform himself of the assises of Bread Measures Beer and Wine the later of which was not assised or rated by the assisa panis cervisiae in anno 51 of Henry the third and no man could be fitter to watch and hinder for the Justices in Eyre came but twice a year or seldome into every County Forestallers or such as made the Markets dearer or informe or give evidence thereof to the Justices in Eyre or Juries impanelled by them then the Clerk of the Markets who was probably attendant in all the Iters or Eyres for otherwise the Juries who had it then in charge to inquire of false weights and measures or such as buy by one measure and sell by another would have wanted or not so well have had their evidence and the Justices in Eyre could not so well inquire in their Eyres or Circuits de custodibus mensurarum of the Guardians of the measures or Clerks of the Market for so they may be understood to be which took bribes or gifts to permit false Measures if there had been but one Clerk of the Market infra villatas virgam hospitii Regis within the Townships or Virge of the Kings House or if as Sir Edward Coke supposeth the Clerks of the Market had been penned within the narrow compass of the Kings House and the Virge thereof or that the cares of the Fairs and Markets and the Justice of the Kingdome as to that concernment had been but only calculated for the Kings Houshold and confined unto it When as Bracton a learned Judge sub ultima tempora Henrici Tertii in the later end of the Reign of King Henry the third hath recorded in his book de Legibus consuetudinibus Angliae of the Lawes and Customes of England the Justices in Eyre did enquire de mensuris factis juratis per Regnum si servatae sint sicut praevisum fuit de vinis venditis contra Assisam c. of the Measures sworn to be observed whether they were kept as it was ordained and of Wines sold contrary thereunto And was of opinion that it was gravis praesumptio contra Regem coronam dignitatem suam si assisae statutae juratae in regno suo ad commuem Regni sui utilitatem non fuerint observatae a great offence against the King his Crown and Dignity if the assizes or rates which were appointed and sworn to be kept in the Kingdome to the common profit or weal publick thereof should not be kept Which do fully evidence that those antient Rights of the Crown were inquirable in the Eyres and Leets long before that which is called a Statute of view of Frank pledge in anno 18 Ed. 2. was made which at the best was but declaratory of what was before the Common Law some other antient Customes of England And anno 51 H. 3. in the assisa panis cervisae being as Decrees or Rates ordained which as to Ale and Drink the Judicious and right-learned Sir Henry Spelman believeth was altioris originis and as antient as 18 R. 1. mutatis ratione seculi mutandae to be altered and changed according to the rates
and prices of Barley and what they made it with and confirmed by Inspeximus of the Ordinances of divers Kings of England the Kings Progenitors which set the assise of Bread and Ale and the making of measures and howsoever stiled a Statute appears not to have been an Act of Parliament but an Exemplification only made of those Ordinances and Orders by King Henry the third at the request of the Bakers of Coventry mentioning that by an Act of Parliament made in the first year of his Reign he had granted that all good Statutes and Ordinances made in the times of his Progenitors aforesaid and not revoked should be still holden in which the rates and assise of bread are said to have been approved by the Kings Bakers and contained in a Writing of the Marshalsey of the Kings House where the Chief Justice and other Ministers of Justice then resided and by an Ordinance or Statute made in the same year for the punishment of the offending Bakers by the Pillory and the Brewers by the Tumbrel or some other correction The Bayliffs were to enquire of the price of Wheat Barley and Oats at the Markets and after how the Bakers bread in the Court did agree that is to wit waistel which name a sort of bread of the Court or Kings House doth yet retain and other bread after Wheat of the best of the second or of the third price also upon how much increase or decrease in the price of wheat a Baker ought to change the assize and weight of his bread and how much the wastel of a farthing ought to weigh and all other manner of bread after the price of a quarter of Wheat which shewes that the Tryal Test Assay or Assize of the true weight of bread to be sold in all the Kingdome was to be by the Kings Baker of his House or Court and that there was the Rule or Standard and that the prices should increase or decrease after the rate of six pence And Fleta an Author planè incognitus as to his name saith Mr. Selden altogether unknown who writ about the later end of the Reign of King Ed. 1. tells us that amongst the Capitula coronae itineris the Articles in the Eyre concerning the Pleas of the Crown which were not then novel or of any late institution enquiries were made de vinorum contra rectam assisam venditoribus de mensuris item de Forstallariis victualibus â—â—nalibus mercatum obviâ—ntibus per quod carior sit inde venditio de non virtuosis cibariis of wine sold contrary to the assize of Measures and Forestallers of the Market to make victualls dearer and of such as sold corrupt food or victuals An. 31 Ed. 1. it was found by inquisition that Bakers and Brewers and others buying their corn at Queen-Hithe were to pay for measuring portage and carriage for every quarter of corn whatsoever from thence to Westcheap St. Anthonies Church Horshoo Bridge to Wolsey street in the Parish of Alhallowes the less and such like distances one ob q to Fleetstreet Newgate Cripplegate Birchoners Lane East-cheap and Billingsgate one penny 17 Ed. 2. By command of the King by his Letters Patents a Decree was made by Hamond Chicwel Maior That none should sel Fish or Flesh out of the Markets appointed to wit Bridge-streat East-cheap Old-Fishstreet St. Michaels Shambles and the Stocks upon pain to forfeit such Fish or Flesh as were sold for the first time and for the second offence to lose their Freedome And so inherent in Monarchy and the royall Praerogative was the power and ordering of the Markets and the rates of provision of victuals and communicable by grant or allowance to the inferior Magistrates as the King who alwayes reserves to himself the supreme power and authority in case of male administration of his delegated power or necessity for the good and benefit of the publick is not thereby denuded or disabled to resort unto that soveraign and just authority which was alwayes his own and Jure coronae doth by right of his Crown and Regal Government belong unto him as may appear by the forfeiture and seising of Liberties and Franchises and many other the like instances to be found every age And therefore 41 King E. 3. without an Act of Parliament certain Impositions were set upon Ships other Vessels coming thither with Corn Salt and other things towards the charge of cleansing Romeland And 3 Ed. 4. the Market of Queen Hithe being hindred by the slackness of drawing up London Bridge it was ordered that all manner of Vessels Ships or Boats great or small resorting to the City with victuals should be sold by retail and that if there came but one Vessel at a time were it Salt Wheat Rye or other Corn from beyond the Seas or other Grains Garlick Onions Herrings Sprats Eels Whitings Place Codds Mackarel c. it should come to Queen-Hithe and there make sale but if two Vessels came the one should come to Queen-Hithe the other to Billingsgate if three two of them should come to Queen-Hithe and if the Vessels coming with Salt from the Bay were so great as it could not come to these Keyes then the same to be conveyed to the Port by Lighters Queen Elizabeth by advice and order of her Privy Councell in a time of dearth and scarcity of corn commanded the Justices of Peace in every County to enforce men to bring their Corn to the Markets limited them what proportions to sell to particular persons and ordered them to cause reasonable prices and punish the Refusers And the like or more hath been legally done by the Kings authority in the Reign of King James and King Charles the Martyr in the beginning of whose Reign by the advice of all the Judges of England and the eminently learned Mr. Noy the then Attorny Generall rates and prices were set by the Kings Edict and Proclamation upon Flesh Fish Poultry and most sort of victuals Hay Oats c. commanded to be observed All which reasonable laws constitutions customes were made confirm'd continued by our Kings of England by the advice sometimes of their lesser and at other times of their greater Councels the later whereof were in those early dayes composed of Bishops Earles and Barons and great and wise men of the Kingdome not by the Commons or universall consent and representation of the people by their Knights of the Shires or Burgesses sent as their Procurators ad faciendum consentiendum to consent unto those Acts of Parliament which should be made and ordained by the King and the Barons and Peers of England for they were neither summoned for that purpose nor represented in Parliament untill Anno 49 H. 3. and in Anno 26 or 31 Ed. 1. were called thither only ad faciendum quod de communi consilio per Comites Barones ceteros Proceres to do those things which by the King and the Barons and
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
Henry the third his Sonne by their Magna Charta Agreement or Accord made with their then powerfull Barons and Church men and a discontented and seditious Commonalty since reduced into Lawes and confirmed by thirty Acts of Parliament wherein the people having many liberties granted them by those Kings the great Lords Prelates and superior part of the Clergy of whom they held which they could not then claim as rights but were to be received as favours and as much to be valued as their pardon and indemnity which was granted unto them by the same Charter King John therein promising them that all those Customes and Liberties quantum ad se pertinet erga suos omnes homines de regno suo tam Laici quam Clerici observent quantum ad se pertinet erga suos as much as belonged to him he would observe towards all men and that all as well Laick as spiritual should as much as belonged to them observe them towards such as held of them And by the late King Charles the Martyr who took but one hundred pounds for the Relief of an Earldome which was antiently accompted to be but of the yearly value of four hundred pounds per annum the least of which are now three or four thousand pounds per annum very many double as much and some sixteen or twenty thousand pounds per annum when as the hundred pounds was then according to the now value of silver above three hundred pounds And to disburse in houshold provisions according to the difference betwixt the rates and prises of victuals as they were in the Reign of King Edward the second which was above 80 years after the granting and confirming of Magna Charta by King Henry the third when a Capon was sold for two pence and what they are now will not be the fourth part as to some sort of provisions and victuals and as to others not the sixteenth of that hundred pounds for the Relief of an Earldome and so proportionably in other reliefs and the summe of five pounds for the relief of a Knights Fee which is but the fourteenth part according to the difference betwixt the antient and then value of the lands belonging unto a Knights Fee now estimated but at three hundred pounds per annum many of which are four or five hundred pounds per annum and others of a greater yearly value as the lands are lesser or more improved nearer or farther distant from London the grand Emporium of the Trade and Commerce of the Nation and the residence of the King and his superior Courts of Justice And are but the Antiqua Relevia antient Reliefs which King Henry the first in his Charter of Liberties granted to the people did not reduce unto any certain sums but ordered to be justa legitima And but two hundred Marks for the Relief of a Marques and two hundred pounds of a Duke although there were at the time of the making of those great Charters neither Dukes nor Marquesses in England or any such Titles in being and one hundred pounds for the relief of a Baron And if the warres had not hindred him from those and other his dues but 20 s. for every Knights fee according to the Statute in anno 3 E. 1. towards the marriage of his eldest Daughter and making his eldest Son a Knight and no more of every twenty pounds per annum in Socage Did not according to the Equity and Preamble of the Act of Parliament de anno quinto Eliz. cap. 4. which in regard that the wages and allowances limited and rated in former Statutes were in divers places too small and not answerable to that time respecting the advancement of prices of all things belonging unto Servants and Labourers and that the Law could not conveniently without the great grief and burden of the poor Laborers and hired men be put in execution and to the end that there might be a convenient proportion of wages in the times of scarcity and plenty did repeal so much of the said former Statutes as concerning the working and wages of Servants and Labourers and enacted that the wages of Artificers Labourers and Servants should be yearly assessed by the Justices of the Peace and Magistrates in every County City and Town Corporate with respect to the plenty and scarcity of the time and other circumstances necessary to be considered endeavour to raise them to any higher sums or make them proportionable to the present values of lands and money rates and prices of victuals And by the favour of his now Royal Majesty who delighting in the vestigiis and pathes of his many indulgent and Royall Progenitors though his own very great wants and necessities and their daily importunities might have advised him not to have kept the road of his Ancestors liberality and bounty but to reserve some kindness for himself and his more urgent occasions did not as King Henry the third and several other Kings of England his Successors cause his Taxes Assessements by Parliament to be assessed upon oath according to the full and true value of the peoples Estates or as was done by King Edward the sixth since the Statute of 6 Ed. 3. for restraining the Parliament aids to the old Taxation upon the assistance or relief then so called given unto him by Parliament and make enquiries upon oath of the best values of the substance of such as were to pay that Relief Dismes and Subsidies and by the oaths also of those who were to pay them and caused some to be sworn to value clothes to the end that the King might receive payment of Relief for every cloth or as Queen Mary did cause an enquiry to be made upon oath of the value of the goods and lands of such as were lyable to the payment of Fifteens Dismes and Subsidies in the 2 3 4 and 5 years of her Reign But in his Assessments Aids or Subsidies granted by Parliament did imitate his Royal Father King Charles the first who took and received all his Subsidies at two shillings eight pence in the pound for goods and moveables and four shillings for lands and immoveables with defalcation of debts and consideration of a greater then ordinary charge of children assessed by an express exception without oath and the Commissioners left at liberty to assesse themselves and the Assessors according to the old and easie Taxations Takes and receives his First-fruits or the first years value of Bishopricks Spiritual Promotions and of Benefices not under ten marks per annum and Vicarages not under ten pounds per annum since treble those values as they are said to be in the Kings books and for the Tenths of their Spirituall Promotions after no greater a rate or yearly value which no Act of Parliament ever obliged him to doe then they were long agoe valued with some very small encrease or raising long since in a very few of the Bishopricks but
in many as Canterbury York Durham Lincoln Coventry and Lichfield Exeter Ely Winchester and Norwich much abated when as now by the rise of mony and prises they are greatly different from what they then weâ—e and are of some of those Benefices and Spiritual Promotions but the eighth or tenth and of many but the twentieth part And receives his prae-Fines and post-Fines Licences and Pardons of Alienation upon Common Assurances at less then a tenth and many times less then a twentieth part of the true yearly values of the lands or rates which the Law ordering the compositions to be upon oath intendeth him after the example of his Royal Father who permitted the yearly value of lands in Capite and by Knight-service to be found by Juries and Inquisitions at the tenth part of the now true yearly value when as by oath they were to find and certifie the true yearly values and all the Lands of the Kingdome but his own are raised and improved generally ten to one or very much in very many parts and particulars thereof more then what they were two hundred years last past in or about the Reign of King Henry the sixth when as the errable and pasture lands which are now in Middlesex let at fifteen or sixteen shillings per annum an Acre and Meadow commonly at forty shillings and sometimes at three pounds the Acre were in Anno 1 Ed. 3. at a farre lesser yearly value when two Toftes of Land one Mill fifty acres of Land and two acres of Wood in Kentish Town near London was of no greater yearly value then 20 s. and 3 d. and the courser sort of pasture land in Essex now let for 8 or 9 s. the Acre and Meadow at twenty or thirty shillings the Acre was then in that Countie and in many fertill Counties within sixty miles and farre less of London valued but at eight pence per annum and four or five pence the Acre errable and the like valuations were holden in licences of Mortmain in all his extents or values of lands seised for taken into his hands Received their primer seisins at the like small yearly rate and took for suing out of Liveries which may be resembled to a Copiholders admittance not a fifth part proportionably to what is now paid by Copiholders to their Lords of Manors and respites of homage as they were taxed and set in anno primo Jacobi in a very easie manner Did not in the valuation of Lands and Estates as some Lords of Manors have been known to doe whereby to rack and oppress the Widdows and Fatherless employ some Sycophants or Flatterers of the Manor to over-value them or have some Decoyes in the assessing of Fines to seem willing to pay or give as much when they are sure to have a good part of it privately restored unto them again or cause their poor Tenants to be misled and the more willingly cozen themselves by crediting hard and erroneous Surveyes taking Leases of their Copihold Estates or using some other unwarrantable and oppressive devices worse then the Pharisaicall Committees did in the renting of lands they had no title unto when they did put men to box one another by overbidding themselves at their wickedly improving Boxes But did according to his Father King James his instructions given to his Councel of the Court of Wards in the assessing of Fines for the Marriages of the Wards and renting of their Lands which too many of the Nobility and Gentry and other of his Subjects did never or very seldome order the Stewards of their Manors to doe order that upon considerations which might happen therein either by reason of the broken estate of the deceased want of provision for his wife his great charge of children unprovided for infirmity or tenderness of the Heirs incertainty of the title or greatness of the incumbrances upon the Lands they should have liberty as those or the like considerations should offer themselves to use that good discretion and conscience which should befit in mitigating Fines or Rents to the relief of such necessities Suffers the Fees of his Chancery and Courts of Common-pleas and Kings-Bench for the small Seals to be receved as they were in the Reign of King Ed. 3. and the Tenths reserved upon the Abby and Religious lands at no greater an yearly value then they were in the later end of the Reign of King Henry the eighth when they were first granted though now they are of a four times or greater yearly value The Fees of the Seals of Original and Judiciall Writs and Process in Wales as they were in the 34. year of the Reign of King Henry the eighth when the English Courts of Justice were there first erected takes six pence a piece for Capons reserved for Rent in Queen Elizabeths time the issues of lands forfeited unto him upon Writs of distringas at such small rates as six shillings eight pence upon one distringas and 10 s. at another which the Law intendeth to be the profits of the Lands distrained betwixt the Teste and the return of the Writs which would have amounted unto twenty times or a great deal more and receiveth his Fines upon Formedons and othe real Actions granted and issuing out of the Chancery at most gentle and moderate rates his Customes inward and outward at easie rates proportionable to such small values as the Merchants advantage to themselves shall give in or the Officers or Commissioners for the King at the Custome-houses shall at randome and without view think to be a favourable and easie estimate Some single ones of which before recited undervaluations besides the profits of the Tolls of Fairs and Markets if rightly and justly paid according to the true improved values or two of the most of them would make up in a constant Revenue unto him a great deal more then the Compositions for his Pourveyances yearly and lately amounted unto by the difference betwixt his rates or prices and those of the Market A due consideration whereof if there were nothing else to put in the Ballance might induce the Earls Marquesses and Dukes of England who have received their honors and dignities from his Royal Progenitors to permit him as well to enjoy his Pourveyance and reasonable support maintenance of the honor of himself and his Royal Family as they doe take and receive of him their Creation monies being antiently a third part of the fines and profits of the Counties whereof the Earls are denominated since reduced to a certain and yearly sum of money when as also not a few of them have had great and large Revenues given them by his Royal Progenitors to uphold and sustein their Dignities and Honors And the Bishops whose Bishopricks and Baronies and most of the Revenues belonging unto them were of the foundation of the Kings Royal Ancestors and received their Investitures and Temporalties from him may if they shall think the Compsitions for Pourveyances ought not
the comfort of the Lands belonging to a Deanery Prebenda or Prebendship of Lands and other Revenues annexed to the Cathedrals many if not most of which with the Deanerles and Prebendships thereunto belonging as the Deanerie and twelve Prebends of Westminster by Queen Elizabeth were of the foundation and gift of the Kings Royal Progenitors Which comfortable and necessary supports of our Bishops administred by their Clergie are ex antiquo and long agoe resembled by some or the like usages in Ireland where the Coloni or Aldiones such as hold in Socage of the Irish Bishops did besides their Rents and Tributes erga reparationes Matricis Ecclesiae quidpiam conferre give something yearly towards the reparation of the Cathedral or Mother Churches and the Herenaci another sort of Tenants so called did besides their annual rent cibarià quaedam Episcopo exhibere bring to the Bishop certain provisions for his Houshold which was very frequent with the Tenants of Lands holden of our English Abbies and Religious Houses by an inquisition in the County of Tirone in anno 1608. it was by a Jury presented upon oath that there were quidam Clerici sive homines literati qui vocentur Herinaci certain learned men of the Clergy who were called Herinaci ab antiquo seisiti fuerunt c. And anciently were seised of certain lands which did pay to the Arch-bishop or Bishop of the Diocess quoddam charitativum subsidium refectiones pensiones annuales secundum quantitatem terrae consuetudinem patriae a dutifull and loving aid and some provisions and pensions according to the quantity of their lands and custome of their Country and the grants of such lands as appeareth by a Deed of the Dean and Chapter of Armach in Anno Domini 1365. to Arthur and William Mac Brin for their lives and the longer liver of them at the yearly rent of a mark and eight pence sterling una cum aliis oneribus servitiis inde debitis consuetis with all other charges and services due and accustomed had in them sometimes a condition of quam diu grati fuerint obedientes so long as they should be gratefull and obedient unto them Wherefore the Barons Nobility and Gentry of England who did lately enjoy those beneficiall Tenures by Knight-service now unhappily as the consequence and greater charges and burdens upon the people will evidence converted as much as an Act of Parliament in the twelfth year of the Reign of his Majesty that now is can doe it into Socage which were at the first only given for service and assistance of their King and Country and their mesne Lords in relation thereunto and have besides the before recited conditions many a beneficiall custome and usage annexed and fixed unto them and at the dissolution of the Abbies and Religious Houses had much of the Lands given and granted unto them and their Heirs in tail or otherwise with a reservation of a Tenth now a great deal below the value can doe no less in the contemplation of their honours dignities and priviledges received from them and many great favours continued unto their Heirs and Successors from Generation to Generation then doe that in the matter of Praeemption Pourveyance or Contribution towards the Composition or serving in of victuals or Provision for his Majesties Royal Houshold and the honor of his House and Kingdome which their Ancestors did never deny The Lord Maiors of London who doe take and re-receive yearly a payment or Tribute called Ale-silver and the Citizens of London who doe claim and enjoy by the Kings Grants Charters or Confirmations a freedom from all â—olls Lastage throughout England besides many other large priviledges and immunities and the Merchants of England and such as trade and trauell through his Ports and over his Seas into forrain parts and are not denied their Bills of Store to free their Trunks and wearing Clothes and other necessaries imported or exported from paying any Custome and other duties which with many other things disguised and made Custome-free under those pretences for which the Farmers of the Customes have usually had yearly allowances and defalcations would amount unto a great part of the peoples pretended damage by the compositions for Royall Pourveyance should not trouble themselves with any complaints or calculations of it when as both Citizens and Merchants can derive their more then formerly great increase of trade and riches from no other cause or fountain then the almost constant â—esidence of the King and Courts of Justice in or near London and the many great priviledges granted unto them and obtained for them by the Kings and Queens of England The Tenants in ancient Demeasne claiming to be free from the payment of Tolls for their own houshold provisions and from contribution unto all wages assessed towards the expences of the Knights of the Shires or Burgesses sent unto the Parliament which Sir Edward Coke believes was in regard of their helping to furnish the Kings Houshold provisions though since granted to other persons and their services turned into small rents now much below what they would amount unto and many Towns and Corporations of the Kingdome the Resiants in the Cinque Ports and Romney Marsh Universities of Oxford and Cambridge and the Colledges and Halls therein and the Colledges of Winton and Eaton claiming to be acquitted from the payment of Subsidies by antient Exemptions may be willing to pay or bear as much as comes to their share in that one of the smallest parts of duty which is not to be refused by such as will fear God and honour the King And all the Subjects of England who enjoy their Common of Estovers in many of the Kings Woods or Forrests Pannage or feeding of Swine with Acorns or fetching of Ferne from thence Priviledges of Deafforrestations Assart lands Pourlieus and Browse wood and have Common of Vicinage and Common appendant not only therein but in most of his Manors by a continuance or custome of the charity or pitty of his Royal Progenitors and where they have no grant to produce for those and many other favours will for refuge and to be sure not to part with it fly to praescription and time beyond the memory of man and suppose that there was a grant thereof because that possibly there might have been one should not think much to let him pertake of some of their thanks and retributions which will not amount to one in every twenty for all the benefits which they have received of his Royal Ancestors or doe yearly receive of him Nor should forget that God Almighty the maker of heaven and earth giver of all good things and bestower of blessings who fed his people of Israel with Quails in the Wilderness where none were bred Manna where none was either before or since and made the Rocks to yeild water did in his Theocraty or Government of them by his Laws and Edicts written
forty or if as they were in the beginning of the Reign of Queen Elizabeth at six pence a piece in the Market would buy 200 Capons and at two shillings six pence but forty and the five pounds Fee Farme â—ent in King Edward the second 's time when a fat sheep was sold for twenty pence would buy thirty but now at twenty shillings a fat Sheep no greater a number then five And the Kings losses and the Tenants gains thereby will many times multiplied yearly exceed the yearly sum which they pretend is lost in the Compositions for his Majesties Pourveyance And all the people of England who doe pay Tithes in Corn Cattle c. in kind when Corn at the rate which Wheat was sold at in 51 Hen. 3. when the Assize of Bread and Ale was set or confirmed but at 12 d. a quarter is at 32 s. a quarter which was the price in 3 Caroli primi now 34 years since when by a Statute made in that year it might when it should happen to be so cheap be transported into the parts beyond the seas not the thirtieth part of that then esteemed to be an easie and reasonable price or at two shillings six pence the quarter supposed in 51 H. 3. to have been a rate which in a dearer time it might have risen unto would be but the thirteenth part of two and thirty shillings or at twelve shillings the quarter which was in those antient times deemed to be the highest rate that any dearth or scarcity could bring it unto is but little more then one part in three of that medium or moderate rate in 3 Caroli of 32 s. the quarter and farre short of the rate of 40 or 48 shillings a quarter when it is now reckoned to be cheap and reasonable or of 4 l. a quarter as it is in this present year much dearer are not to deny the payment of the improvement of their Tythes by their own industrie or what they exceed the first intentions or grant of them And that part of the people which doe pay their Tithes to Impropriators and Lay men cannot be ignorant that the first intention and right use of them is so laid by and disused as the hospitality reliefe of the poor repair and adorning of Churches which were some of the causes for which they are paid and which the Abbies and Monasteries when they were in being took a greater care of then those that lay it out in the excess pride vanities and humours of themselves or their lavish and expencefull wives and convert all their hospitality and care of the Poor and Churches into gilded Coaches and Butterflye Lacquies which being most of the houshold which can be afforded to be kept are carried up and down the streets of London that grand Magazine and Nurserie of all vices at the end or breech of the Coaches whilest the Church is but meanly repaired and ill-favouredly kept at the charge of the Parishes the Poor not pitifully but beggerly and in a wofull manner provided for by a rate or taxe of the Parishes the Vicar not allowed the fifth if it be a small Appropriation or in many places where they are greater little more then a tenth and at the best not enough to keep him and his wife and children from being the prognosticks of a famâ—ne and comes short at the years end of Mica's Salary of ten shekels of silver a suit of apparrel and his victuals which renders him a scorn to the wicked and a pitty to those that love God and goodness who are not certainly mistaken when they think a better allowance would yeild them better Preachers May be as little displeased with the failing or falling of the Kings price or rate for his houshold provisions as they were in being quitted of Cerage or Waxscot thrice a year paid towards the charge of candles in the Churches Or as the Landlords or Lords of Manors who doe now receive their Rent-services or Quit-rents at a far lesser value then they were originally intended or now are or the Tenants and those that pay them who are by so much more the gainers And the Town of Alesbury in the County of Buckingham may the better bear her part of the Composition for the Royall Pourveyance for that the Town it self and their then liberties and priviledges were freely granted by some of the Kings Royal Progenitors to hold in Capite by the service of keeping all the distresses of Cattel c. which in those dayes were many which the King or his Sheriff or other Ministers in the County of Buckingham should cause to be taken for his debts and feed them in the common Pasture of Alesbury And to take for every Colt Oxe Horse and Cow not milcht a penny for every four Sheep a penny for every four hogs a penny and for every day and night whilest they stay there pro singulis districtionibus for every distress a penny And the Sheriffe was to bring his distresses taken for the King no where else which the Town by a disuse being altogether freed from doe not at all murmur at that which was given them for no other intent or purpose Also the owners of the Manor of Byker in the County of Northumberland which is holden of the King by the Serjeanty to receive and keep safe at Bykere all distresses taken within that County for the Kings debts not being now troubled at all with the distresses taken for the Kings debts need not repine at the Pourveyance or Compositions for it For they and all other are to consider that if the Kings Royal Progenitors had not as King Henry the first condescended to accept of the rents or such part as was usually paid in provisions for his housekeeping the lands which they or those which claim under them have ever since held and are so greatly improved as five or more to one in some places and twenty or more in another allowing them a variation according to the nature or fertility of the ground or distance nearer or further from London or other Towns of trade or intercourse or the Sea Ports might well have born the charge of the Kings provisions though they do now so much exceed their Market rates And that as that King and his Successors have exchanged it for money which makes them to be the greater loosers and the Tenants the greater gainers by so much as the money reserved for rent falls under the now value of money and the Market price for things to be bought with it would amount to a great deal more then the pretended losses by the Kings Pourveyance or compositions for it That the Law Justice and Equity which binds the King to that prejudiciall as it hath since happened condiscention of his Royal Ancestor King Henry the first in taking money for his provisions ought a fortiori to bind his Subjects to those beneficiall contracts made by their Fore-fathers and Predecessors with Queen
Elizabeth if they stood upon equall terms with him and owed him neither gratitude allegiance or subjection That he who is so great a looser by the change alteration of times and his own his Royal Progenitors bounties and indulgences might howsoever be allowed to be a little gainer in that one particular of the Compositions for his Pourveyances for in every thing else he is abundantly a very great looser and ought as well to take an advantage by it as the Clergie and Impropriators of England doe by the rise and encrease of their Tithes and impâ—ovement of their Glebes and are sure to be gainers by the difference in the value and price of commodities when as they sell their corn at the highest rates and make the improvement of their Glebes to follow the rise of money and the Markets And may take it to be no Paradox or stranger to any mans understanding or belief that the King who by his Lawes hath ordered that reasonable prises and rates should be taken for victuals and houshold provisions for himself and all his people and if his Sheriffs Justices of Peace Clerks of the Markets and the Lords and Stewards of Court-leets had but imitated the care of their Predecessors in the execution of the trusts committed unto them by their Soveraign and his Laws or of the Sheriffs in the reign of King Henry the third when as the King by his Writ being petitioned to give the Sheriffe of Bedford a power to dispence with the Vintners in the Town of Bedford for selling wine above the rates assize doth it in these words Rex c. Vic. Bed salutem Quia Villa de Bedeford distat a quolibet portu maris duas dietas tibi praecipimus quod permittas Vinitar Bed Sextarium vini Franc. vendere pro 8. denar sextarium vini Andeg. Wascon de Blanc pro 10 d. non obstante c. Teste R. c. allowing them to take for a pint and a half if the Sextarie was then accompted to be no greater a measure of wine 7 d. and for the like measure of white wine of Anjou and Gascoine 10 d. And had not as they doe daily too much neglected the execution of the Laws and laid by their duties to God their King and Country and by being over wakefull and diligent to improve their estates and private interests taken a Nap or fit of sleeping in point of time farre beyond that of the seven notorious Sleepers might at this day have been out of the reach of the causeless murmur of those who as they were seduced and fooled by Oliver and his Associates in the greatest of iniquities can make a Non causa to be a cause of their Complaints and of a grievance to themselves when as they and many of their fellow Subjects are and have been the only and immediate causes of it and if rightly considered is a reall grievance to the King and to all that buy more then they sell. And that if the King and his Laws had been as they ought to have been better obeyed and observed in such a Land or Kingdome as England is which is justly accompted to be blest with so much peace and plenty and such an over-plus of all things good and pleasant as well as necessary for the sustenance of the People or Inhabitants thereof as a deer year is not heard of above once at the most in ten or twenty years but many very cheap ones The rates or prices agreed upon by the Counties in the fourth year of the reign of Queen Elizabeth would have been enough and sufficient or more then enough if the Acts of Parliament of 25 H. 8. ca. 2. to suppress the enhaunce of the then Market rates which may well be supposed to have been much cheaper then what it was in Anno 4 of Elizabeth and the Statutes of incerti temporis or King Henry the third 3 4 Ed. 6. ca. 19. 5 Ed. 6. ca. 14. against Forestallers had been duly put in execution And that the 12. Counties bordering upon London and adjacent as Middlesex Essex Kent Surrey Sussex Hertford Buckingham Berkshire Bedford Oxford Cambridge and Hâ—ntington Shires making no small gains by the vent and rise of their provisions and commodities and an high improvement of their Lands beyond all other Counties and Parts of England would if the Markets had been regulated and kept down to such just and reasonable prices as might have been well enough afforded have for want of their now great rates for victuals and commodities night and day sent unto London that greatest belly and mouth of the Kingdome and their racking or improving of their Lands been constrained to let fall and diminish their rates and prices and follow the regulating of the Markets and make their prices and rates to be conformable to the Laws and plenty of the Kingdome which would have brought unto them and their Estates a greater or more then supposed damage many times and very far exceeding the pretended losses of serving in their proportions of the Kings provisions as they were agreed upon And if this shall not be believed without experiments or demonstrations they may be quickly brought to assent unto that which will certainly pâ—ove to be a truth that if the King should as King Henry the second keep his Court and Parliament for a time at â—larendon in Wiltshire or as King Edward the first did keep his Court and Parliament in Denbigh-shire at Ruthland too often mistaken and called Rutland or at Carnarvon in Wales or at York where whilest he was busie and imployed in his Warres against the Scots he kept his Terms and Court for seven years together or as many of the former Kings did keep their Christmas and other great yearly Festivals sometimes at Nottingham other times at Worcester Lincoln and other places far remote from London And as the Sun yearly diffuseth his liâ—ht and heat in his journey through the Tropicks some at one time and some at another unto all parts of the world or as the blood in the body naturall daily circulates visits and comforts all the parts of it should enrich comfort most of the parts of his Kingdom with the presence and influence of his Courts and residence Those rates and prises in the Composition for Pourveyances would rather prove to be too high a rate and allowance then too little As it happened to be in Anno 1640. when the late King and Martyr was enforced to be with his Court and Army about Newcastle upon Tine on the borders and confines of Scotland where the cheapness of victualls and other provisions at the Market rates in those parts fell to be very much under the Kings rates or allowance according to the Compositions for his Pourveyance made in the Reign of Queen Elizabeth which the Inhabitants and People thereabouts understood so well as a great store and farre more pâ—ovisions being daily brought in at those rates then
the University of Cambridge who may require the Maior of the Town to make the Assise in the presence of the Chancellor of that University and if it be not well observed may himself punish the offenders by the authorities and power only derived from the King Who may with better reason justice and equity claim and keep his Rights of Praeemption Pourveyance and compositions for it then the Stret gavel was in 4. Ed. 1. claimed by the Lord of the Manor of Cholmton in the County of Sussex that every Tenant of that Manor should yearly give two shillings then a good summe of money pro itu reditu for his going out of the Manor or returning into it or as the Town of Maldon in Essex did in the fifteenth year of the Reign of that King claim by antient custome Totteray which was a payment of four pence for every bushel and a half of corn sold there 4 pence for Stallage and a Mark penny viz. 1 d. per illos qui truncos extra domum in vicis ejusdem ville habuerunt for every one which had pipes or gutters laid or made out of their houses into the streets de omnibus pascentibus mariscum de pecoribus of all that had cattel going or feeding in the Marsh for every Horse two pence Oxe two pence Bullock a penny and for every five Sheep two pence quae praestatio vocatur which in the language of the Civil and Common Law was usually understood to be Pourveyance or furnishing of necessary provisions Or as the Town of Yarmouth which was made a Port or Haven by Letters Patents of King Edward the first did antiently and doe now take and receive of the Herring-Fishers a certain Prize of Pourveyance of Fish and Herring towards the maintenance and repair of their Haven Or as the Lord Roos of Hamlake from whom the Earls of Rutland are descended did claim and enjoy as belonging to Belvoir Castle custumam ibidem vocat Palfrey silver quae levari debet annuatim de villis a Custome called Palfrey silver which ought to be levied every year of the Towns of Botelesford Normanton Herdeby Claxton Muston Howes Barkeley Queenby aliis Hamlettis and of other Hamlets Or as King Edward the third had to send his Writ or Comâ—â—ssion to the Magistrates of the Town of Barwick 〈◊〉 Tweed to inquire Si pisces marini Salmones in aqua de Tweed capt usque villam praedictam duci in vico vocat Narrow Gate venditioni exponi de custumis inde Regi solvend if the Sea Fish and Salmons taken in the River of Twede were brought to the Town of Barwick upon Tweed and put to sale in the street called Narrow-gate and of the Customes to be paid for them to the King More especially when the Judges in 11 Hen. 4. did resolve it to be Law as well as reason that the Pourveyor or taker for the King might take victuals or provisions at a reasonable price to the use of the King against the will of the party â—elling them Which unless the Laws of God Nature and Nations and the Laws of the Land reasonable Customes Liberties Rights and Priviledges should be all and every thing in the peoples own cases and concernments and nothing at all in the Kings and that the duty of Subjects honor of the King and support and maintenance of him who supports and defends them and all that is theirs in their just and legal Interests should be but as the Astronomers lines and terms of art in the firmament as Zones Tropicks Meridian Zodiack and the Ursa major and minor c. meerly imaginary and undemonstrable may with as much or greater reason be understood to be no burden as the late design if it should take effect of the Petition of the Lord Maior Aldermen and Common Councel of the City of London lately presented vnto the House of Common in Parliament in order as they alleage to the honor happiness and prosperity of the Kingdom that the Governor Deputy and Assistants of their desired Company of thâ—â—nglish Merchants trading into Italy and the Dominiâ—â— of the French King and the King of Portugal and of all other Merchants thereafter to be taken into that Association may besides other emoluments to be taken of the Merchants have power for the maintenance of the Government to take and receive upon all goods to be exported and imported not exceeding one twentieth part of the Customes as they are on all goods except Wines and on wines not exceeding one fourtieth part of the Customes as they now are Which twentieth part after no greater a reckoning then four hundred thousand pounds per annum for the Customes which if not too much defrauded are more likely to be eight hundred thousand pounds per annum will be twenty thousand pounds per annum and if eight hundred thousand pounds per annum will come near unto as much as the pretended losses of the Counties in the Compositions for the Pourveyances And the people of England would find the Pourveyance and Compositions for them to be for their own good and profit as well as there is a great and every where to be acknowledged reason for it not denied to be reason in their own cases affairs dealings one with another by the want of greater benefits if the King should shut up all his Ports and forbid all Trade with forreign Merchants inward or outward as some Kings and Princes have commonly and ordinarily done and as Common-wealths and those that call themselves Estates do as well as Kings and Princes in case of hostilities and upon reason of State or some other extraordinary occasions Or put down as God forbid he should or seise as forfeited by misuser which many will be found to have deserved all the Fairs and Markets in the Kingdome or some great part of them or forbid for some time as hath been antiently done all the Markets in two or three Counties and command the people to bring their victuals and provisions to be sold where the Kings or the Publick necessities or occasions wanted them or allow but one or two in a County at the chiefest or greatest of Cities or Towns or as King Henry the third did strictly command the assise of bread wine beer and victuals to be kept in Oxford in debito statu secundum precium bladi sicut in aliis Burgis Villis as it ought according to the price of corn and as was used to be in other Towns and Burrows threatning them that if they neglected to doe it he would seise and take the Town into his own hands and at the same time setting a rate or price upon wines gave the Magistrates of that Town to understand that whoever did otherwise ad corpus suum graviter se caperet omnia vina sua a Vice-comite suo Oxon. in manum suam capi praeciperet should be arrested and
time or standing and not upstarts made it their honour as well as business to imitate their Progenitors the old not now drinking Germans who as Tacitus mentions in their Customes were to their Princes in pace decus in bello praesidium which may shew us the grand esteem antient and noble use of Tenures by Knight-service an honor in Peace a Guard in war and made it their glory si numero virtute comitatus emineant if they had a great number of Tenants and Retainers following them insomuch as ipsa plerumque fama Belli profligant the fame and fear of them did many times prevent warres and promote peace Et quum ventum in aciem turpe principi virtute vinci turpe comitatui virtutem principis non adaequare infame per omnem vitam at probrosum superstitem principi suo ex acie recessisse illum defendere tueri sua quoque fortia facta gloriae ejus assignare praecipuum sacramentum est Principes pro victoria pugnant Comites pro Principe and when they were in battel the Prince or King took it to be a shame and dishonor to be out-done in valour those who attended him thought it to be as much unworthy not to imitate him a great disgrace all their life after to leave him in the field and come home without any wounds their greatest care being to defend him and to ascâ—ibe and offer all their valiant Acts to his renown and glory their Prince fighting for victory their Attendants for their Prince Magnaque Comitum aemulatio quibus primum apud principum locus exigunt principis liberalitate illum bellatorem equum illam cruentam victricemque frameam nam epulae quanquam contempti largi tamen apparatus pro stipendio cedunt and vied who should be nearest their Princes in all their dangers and believed themselves to be well rewarded if by the bounty of the Prince they had such a charging Horse or such a bloody and conquering Spear bestowed upon them for as to wages they were very well contented with Feasts and a large provision of victuals though homely drest And by such or the like longa series or continuance of duties and obedience to Princes kindness and hospitality of the more great and powerful to the meaner came that strength and honor of our Nation not by screwing or racking their Tenants and the Lands which they let them but by easie and cheap bargains when the Tenant would be well content to make his Rents to his Landlord to be as much in love and retribution as in money and both were no loosers when provisions for house-keeping were so much and excessively reserved or presented for Prisci autem moris saith Sir Henry Spelman profusius hospitalitas annales reditus in eduliis collegisse in the times of great hospitality the manner or custome of Landlords was to reserve provisions for house-keeping for all or some of their Rents And those reservations of provisions grew to be so excessive as before the Conquest lege cautum fuit de quantitate eduliorum reddenda it was by a Law ordained by Ina King of the West Saxons betwixt the years 712. and 727. how much rent in provisions should be taken or reserved for every 10 Hides or Plough lands which Sir Henry Spelman understands to be a prohibition that no man should take or reserve more viz. Mellis dolia Hogsheads or vessels of Honey of which it seems there was then great plenty and much used 10 Panes loaves of bread 300 Amphorae Cervisiae Wallicae duodenae twelve Rundlets of Welch Beer or Ale Amphorae Cervisiae tenuioris Rundlets of small Ale or Beer 30 Oxen 2 Weather Sheep 10 Geese 10 Hens 20 Cheeses 10 Gallons of Butter 9 Salmons 5 Twenty pound weight of Hey or Provender 10 And Eels 100 Which was but a small Rent as Rents are now heightned for ten Yards or plough Lands and the Heirs of those which held such proportions of Lands upon those or the like easie Rents or afterwards paid and doe now pay only as Freeholders certain small Quit-rents in money proportionable to the then small rates of such provisions may thank God that the alteration of times and rates of provisions have made them in such a condition as to be very well enabled to perform their duties to their Prince in an easie contribution for the composition for the Royall Pourveyances And that most necessary duty of the Kings Royal Pourveyance if he had not power to regulate and bring down the excessive prises of provisions and at Markets as well for the ease and benefit of his Subjects as himself might be the more willingly and cheerfully submitted unto and performed when as it is for the good of the head and principall part of the body Politick and when as that which the members do contribute is communicated to all the members and parts of it in the preventing hindring or keeping off greater inconveniencies burdens and troubles which would otherwise fall upon them or serves to support and maintain many of themselves and their Sons and Daughters in the service of the King and his Court which hath raised many Families which now either forget or over-look their beginnings originals and founders or to relieve many poor and others who doe partake of those National Blessings of Peace and plenty which are maintained by the honor well-being and prosperity of the King which procures them And should not be disliked but rather rejoyced in when we shall recount unto our Children and posterity the magnificence and hospitality of our Kings when the great Hall at Westminster capable and large enough to entertain three of the largest Courts of Justice in the Nation besides many Shops of Trade built by the sides thereof and receives the feet of some hundreds of the Natives which four times or Terms in the year do come thither to demand it was heretofore but the Common Hall or dining Room of King William Rufus That Henry the 2. caused corn to be laid up in store in Granaries to be given to the poor in the time of dearth in the parts of Anjou and Main and fed every day out of his Granaries a thousand persons from the beginning of April untill new corn was gotten Henry the third in the 23 year of his Reign did by his Writ command William de Haverhull and Edward Fitz Odo that upon Friday next after the Feast of St. Matthias being the Anniversary of Elianor Queen of Scotland his Sister they should cause to be fed as many poor as might enter into or be entertained in the greater Hall of Westminster And in the same year did by his Writ likewise command the said William de Haverhull to feed fifteen thousand Poor at St. Peters in London on the Feast day of the Conversion of St. Peter And four thousand Poor upon Monday next after the Feast of St. Lucie the Virgin in the great Hall
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 gâ—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 Oâ— 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 neighboâ—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 â—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 â—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 Liveâ—y and pâ—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
nine pounds per annum Cheshire having sixty eight Parishes and furnâ—shing but 25. lean Oxen at the Kings price 2l 13s -4d a peice Total 66 l. 13 s. 4 d. at the Market price 6 â— 10 s. Total 162 l. 10 s. 0. Difference 95 l. 16 s. 8 d. was not thereby charged with more then one pound nine shillings upon every parish Cornewall having an hundred sixty one Parishes and furnishing but Ten fat Oxen at the Kings price 4 l. Total â—0 l. Market price 10 l. Total 100 l. Difference 60l did bear not so great a contribution as eight shillings upon every Parish The County of Devon having three hundred ninty four Parishes and furnishing but Ten fat Oxen at the Kings price 4 l. Total 40 l. Market price 10 l. Total 100l Difference 60 l. Muttons fat 150. at the Kings price 6 s. 8 d. Total 50 l. Market price 18 s. Total 135l Difference 85l paid no greater a sum in that yearly Composition then ten shillings upon every parish Gloucestershire which hath two hundred and eighty parishes paid but four hundred twenty two pounds seven shillings eight pence which was not one pound eleven shillings upon every parish Hertfordshire numbering one hundred and twenty parishes paid but one thousand two hundred fifty nine pounds ninteen shillings four pence which laid upon every parish but abouâ— ten pounds ten shillings Herefordshire furnishing but 18. fat Oxen at the Kings price 4 l. Total 72 l. Market price 10 l. Total 180l Difference 108 l. and having one hundred seventy six parâ—shes made every one of them a contributary of no more then about twelve shilâ—ings six pence upon every parish Kent having three hundred ninety eight parishes and being a very great gainer by the Kings so constant abode in his Chamber of London more then its charge of Pourveyâ—nce amounted unto paid but three thousand three hundred thirty four pounds and six shillings which laid upon ever parish for Composiâ—ions for the Pourveyance no more then about eight pounds ten shillings Lincolnshire which hath six hundred and thirty parishes and paid but one thousand one hundred seventy five pounds thirteen shâ—llings and eight pence charged every parish with no more then about nineteen shâ—llings six pence or thereabouts The County of Northampton having three hundred twenty six parishes and being like to be no looser by its gainful vicinity to London and the Royal Residence paid no more towards the Pourveyance and Compositions then nine hundred nineâ—y three pounds eighteen shillings four pence which was for every parish very little more then three pounds The County of Norfolke having six hundred and sixty parishes paid but one thousand ninety three pounds two shillings and eight pence which charged every parish not with one pound eleven shillings Somersetshire which hath three hundred eighty five parishâ—s and paid no more then seven hundred fifty five pounds fourteen shâ—llings eight pence laid no greater a leavy for the Composition for Pourveyance upon every Parish then about fourty shillings The County of Surry having one hundred and fourty parishes and paid no more then one thousand seventy nine pounds three pence rendered every parish a contributer for the Pourveyance of not above seven pounds nineteen shillings The County of Sussex which hath one hundred and twelve parishes and paid no more to that kind of contribution then one thousand and sixteen pounds two shillings six pence makes every Parish to be charged with no greater a sum or proportion then three pounds thirteen shillings six pence or thereabouts And London which is and hath been the greatest gainer by the residence of the King and his principal Courts of Justice at Westminster and by the confluence of the people not onely of this Nation but many Merchants and people from all parts of the Christian word is grown to be the grand Emporium and Town of Trade in England mighty and strong in shipping a Merchant-like Tyrus for many Isles and as great and famous as any City or Mart Town of the World to whom all the Ships of the Sea with their Mariners do bring their Merchandize the most of Nations are her Merchants by reason of the multitude of the Wares of her making and with the multitude of her riches and Merchandize makes all the other parts Counties Cities and Borough Towns of the Kingdom as to riches money and Trade her vassals and retailers doth for all these benefits contribute with the out Ports only for the Kings Grocery ware which if it could be called a contribution did in some years amount according to the full price but unto two thousand pounds per annum and in other years but unto sixteen hundred pounds or there abouts and is raised and charged by way of Impost upon the gross quantites of such kinde of Merchandise and being repayed the Merchant by the retailer and by the buyer to the retailer was no more in the fifth year of the Raign of King Charles the fiâ—st in the Impost or Rates of Composition then as followeth viz. Rates of Composition for Grocery wares for his Majesties House Pepper The hundred pound xviii d. Cloves The hundred pound xviii d. Mace The hundred pound xviii d. Nutmeggs The hundred pound xviii d. Cynamon The hundred pound xviii d. Ginger the hundred pound xii d. Raisons of the Sun the hundred waight iii. d. Raisons great the piece i. d. ob Proyns the Tun xvi d. Almonds the hundred waight v. d. Corrants the Tun ii s. Sweet oyle the Pipe iii. s. Sugar refined the hundred waight viii d. Sugar powder and Mukovadoes the C. waight v. d. The Chest xx d. Sugar corse and paneles the C. waight iii. d. Figges the Barrell i. d. Figges the Piece ob q. Figges the Topnet ob Dates the hundred waight viii d. Rice the hundred waight iiii d. ob Olives the Tun iiii s. Castel and all other hard Soap the C. waight vi d. Anniseeds the hundred waight ii d. Licorish the hundred waight ii d. And so petit as in a pound of Raisins of the Sunne now sold for four pence a pound it falls to be less then the eighth or tenth part of a farthing increase of price in every pound of Raisins of the Sun And as inconsiderable in the charge or burden of it laid upon the Grocers or Retailers as that of their pack-thred and brown paper which in the vent of those commodities and accommodation of Customers are freely and willingly given into the bargain And when the Brewers in London and four miles about did before the granting of the Excise upon Ale and Beer and taking away of the Pourveyances or Composition for them pay four pence in every quartet of Malt which they Brewed the Composition thereof amounting but unto three thousand five hunded pounds per annum being now remitted and not paid by reason of the said Excise that yearly Impost or Composition did not onely lye upon the Brewers but was dispersed and laid upon
of himself and his own posterity to further and advance the peoples cheating and oppressing of one another or to cause the King to pay the dearer or incur so great a damage as now it plainly appears he doth in his house-keeping for want of his Pourveyance when as all the Landed and rich men in England all the Farmers and all the Citizens and Tradesmen of the Nation the later of whom like aqua fortis can eat and make their way to be sauers thorough the dearest or highest rates or prices of houshold provisions by adulterating or raising their Commodities or as a London Brewer lately said concerning the Excise upon Ale and Beer that it should never hurt him whilst there was water enough in the Thames those of that profession being not contented to be repaid by the house-keeper the six pence rated for the Excise upon every Barrel of six shillings Beer unless they may leave out of such a Barrel of Beer six penny worth of Malt and make it by an half Boyling of it to save the expence of fire little better then so much half sodden water and are not satisfied also with such an unchristian cozening of the people and making their drink by such their doings and puting in Broom and other noxious ingredients in stead of Hopps to be as unwholsome as it is weak and naughty unless they may likewise cozen the King of his Dues upon the Excise and put as many tricks as they can upon him and his Laws and Officers and when by these and many other devices they make themselves very great gainers by the Excise in abusing both the King and his people are as busie as any in raising the cry against the Excise as a very great grievance and when all the Mechanick and Rustick part of the Nation workmen day-laborers maid-servants and men-servants shall not onely be savers but gainers by the enhance of rates and prices and the King onely and the poor of the Kingdom be the very great loosers and sufferers by it Or for the interest of the body Politick that the pinch and hardship should lye all on the Princes part and he onely be the greatest looser by his want of Praeemption Pourveyance or Compositions of the Counties as he had formerly be as an Amorite or stranger in our Israel and pay usury for his victuals by being constrained to give two parts in three or more sometimes then fourty per cent for the houshold provisions which his officers and servants do buy or provide for him four parts in five in many things six parts in seven in some other more then the Market rates and prices were in the beginning of the Raign of Queen Elizabeth when the Compositions were made by the Counties and willingly assented unto or that now there is a greater plenty of Food and houshold provisions Trade and Manufâ—cture then were in the former ages and all things may be afforded to be sold as cheap as they were retroactis seculis or some hundred years ago or as they were in the four and twentieth year of the Raign of King Henry the eight and cheaper then they were in the beginning of the Raign of Queen Elizabeth every thing should be dearer to him then to others or that so great an increase of Rates and Prices as have been within this last hundred years and all the mischiefs and inconveniencâ—s of them which have been brought upon the King and his people by private and particular interests the non execution of good Laws and the neglect and carelesseness of the subordinate Magistrates Justices of Peace and Clerks of the Markets should with an addition be continued and fixt upon the King who if he should resume but his Tolles in Fairs and Markets which the Civilians do rightly enough derive a tollendo from taking many of which are now accompted to be as the proprieties inheâ—itance of private men or Lords of Mannors are in some cases more by the indulgence of the Kings Royal Progenitors and a prescription claimed by long enjoyments or continuance of favors then de jure or were by grants or confirmations allowed where they were before but usurped and with-held from him and a Royalty and prerogative so antiently allowed in the Roman Empire as Valens and Valentinian the Emperors a mercatoribus seu negotiatoribus quae ad domum imperialem pertinent exegerunt necessitatem debitam pensionum ex emolumentis negotiationum did raise a good part of their Pourveyance or provisions for their houshold out of the Tolles or profits made by Fairs and Markets those of the people of England who do claim an exemption from the payment of them and those very many proprietors of Lands or Mannors who by many Royal grants and favors do claim and enjoy the profit of the Tolles would finde to be a greater damage and prejudice unto them then that which the Olivariaâ— party and the troublers of our Israel pretended to be by the Royal Pourveyance or Compositions for them or should as he never doth let his Lands to the uttermost penny measure his gifts or bounties by that of private men and proportion his favors according to his wants or occasions of keeping or saving what he can for himself or the ingratitude or forgetfulness of those which receive them and be as unwilling to answer acknowledge benefits as too many are unto him or take his Reliefs Herriots First fruits Fee Farms Quit Rents Customes Fines for alienation Fines certain or incertain of his Copyhold estates at the full and present value and the Fees for his Seals in Chancery and the other Courts and all his Subsidies according to the alteration of monys the disproportion betwixt the present and the former rates there would be cause enough for them to acknowledge his favouâ—s already received and believe that those small retributions in his Pourveyance or Compositions for them will bear so small a part in the Ballance as they should rather lay their hands upon their mouths and rest assured that they which are daily craving and gaining by the King and blest with a peace and plenty under his government cares and protection should be ashamed to make him to be so great a looser and themselves such gainers by his loss and damages And that it can no way become them to suffer him that granted or confirmed their Fairs and Markets to be oppressed by them pay a shilling and many times more for every groat he disburses for his necessary occasions and at the same time in the distribution of his bounties and rewards give a shilling more for every groat which he intended to give shall be kind to every body and receive in acknowledgement thereof no more then to get keep all they can from him which in their own particular estates would bring no less then ruine to all the people of England and those that so very much enrich themselves by putting him to more expences then
and other Officers of Companies Provosts of the Marshals and their Lieutenants Paymasters of the Companies Commissaries and Comptrollers at war Contrerolleur general and other Officers of the Arâ—illery Mort or dead pays Mint Masters and such as do work in the Mint the Kings Secretaries the Rectors or Governors of Universities Heads of Colledges Notaries Bedels Scholars or such as are actually Students Physitians Presidents Councellors Advocates Proctors Greffiers or Officers of Courts of Justice Ushers of Courts Soveraign and other Officers also all Officeâ—s in inferior Courts which are as many almost as there are Vâ—llages Stewardships Bayliages or petit jurisdictions as the Lieutenants Criminel and Civil general or particular their Councellors Greffiers and other Officers and the chief Magistrates of Tholouse during the year of their Magistracy And are so much the more a burden and grievous to the common people by the partialâ—ty of the Elections or those in every Province which are the Tax Masters by the exactions of the Collectors particular receivers Controlleurs generaux Receivers generauz Tresoriers de l' Espargne Commis inspectors of the Revenue and Clercs des Finances which their great Henry or Henry the fourth did so well undeâ—stand to be a torment and a trouble to the people as he said that On fait payer double Taille l' une est a moy l' autre aux officers la seconde rend la premiere insupportable car les despens que fâ—nt les officers montent plus que la Taille my people do pay double Taxes or Tallages by paying as much to the Officers as to me which do make the Taxes insupportable for the charge of the Officers do exceed that of the Tax Insomuch as the Paisants Artizans and common people of France may bewail the loss of the virtues of the old Gaules and Franks their Ancestors and predecessors that the Parliament of Paris once the guide of that Nation and representing the three Estates of that Kingdom is now become but an extraordinary Court of Justice to verifie the Kings commands and Edicts with a Car tel est nostre plaisir for so is our will pleasure lament the change of their Government and ancient constitutions and the wasting and dismembring of the ancient Domaine and Revenue of the Crown of France which notwithstanding it be a part of the Oath of the Kings of France at their Coronations not to alien any of that sacrum Patrimonium or perpetual maintenance intended for the Crown and the returns of those many great Appennages and childrens Estates created out of them by the Escheat or coming back of Normandy Britain and other great Provinces and many Revnions Rachapts and Retraicts is now de cursu temporis by a long course of time and necessities of State or Royal munificences languished and brought into the small compass of twenty thousand pounds per annum sterling the Forests and Chases not included so as that Crown and the Important affairs thereof are now onely upheld and supported by Taxes and a grand and yearly Revenue raised out of them to help to maintain souldiers and Armies the Tax making a more then ordinary necessity of Armies and their pay and maintenance a necessity of multitudes of Taxes imposed upon the people Who may now believe that they are under a harder fate then the common people of the old Gaules were whom Julius Caesar now above seventeen hundred years ago found to be under so much vassalage and contempt as he saith apud Galles nihil fere plebe contemptius amongst the Gaules nothing is more contemptible then the common people by how much it is now increased and made more then it was then by their Taxes and poverty affording them little more comfort then to be sometimes able to purchase some of our English old Shoos transported thither as a Merchandize and some of our old Cloths Carbonadoed and trimmed up or revived a la mode de France Doth not use his subjects as those of Lorraine who besides their many Taxes as near of kin as they are in neighborhood to many of those in France do pay a certain Tax for the paâ—ns of Glasse in their Windows Nor as those of Ferrara now a Territory of the Church of Rome where besides the defraying of their former Dukes charges in the expences of his house and family which was wont to be nobly kept with a stable of four hundred horses or disbursed upon his own person or for gifts or Pensions or maintenance of Garrisons and the great profit which is made yeerly by Fish taken in the Lake of Comachio the people do pay a tenth of the true value of all things exported and imported and as much out of every Contract Lease Gift or Alienation and endure the gnawings and bitings of the Officers and Tax Masters which are to them as unwelcome as the Lice and Frogs some of the Plagues of Egypt every time that they come amongst them Nor as the State and Republike of Venice that Lottery of liberty where the people besides their Taxes upon publike necessities as when in the wars against the Emperor Maximilian all but the poorest sort paid a moyety of their Rents being not excused by the yearly Taxes payments or Aydes of 140000 Aurei or fifteen shillings sterling out of Padua 36000 Vincenza ninety thousand Verona 1000450. Bergamo six thousand Friuli thirty thousand Dalmatia ten thousand besides what they have yeerly out of Zant Candy and Corcyra do pay a great Excise or Imposition upon Oyl Wine Corn Iron Fruit Wood Bakehouses Mills and all Commodities exported and imported and do with their burdens on their backs but draw blancks in stead of real immunities and liberties admire and talk of the inestimable Treasury and Arsenall of that City which sitteth as a Lady upon many waters and please themselves with the glimmering and far distant hopes that they or some of their posterities may one time or another by the chance of the Balloting Box come to be a Senator or Clarissimo or obtain some gainful Magistracy or the Procuratorship of St. Mark and are notwithstanding so little pleased with their Taxes and Tax-masters when they do better think of it as their Masters the Doge and Signory dare not at home Trust any of their Natives with any commands or generalship in their hired Armies but do rather adventure the success and conduct of the wars in the hands of Foraigners and other Nations Doth not do as the King of Sweden who besides his Aydes from the people for publike occasions which by an eternal Law of Nature and Nations and self preservation are never denyed to Kings or Princes takes in that Elective Kingdom a tenth of all Mines Fruit Barley Butter Fish Oxen and Hides with a Tax upon Furs as the cold increaseth or decreaseth the Nobility and their Tenants contributing nothing but in case of war to any publike Taxes
Genes 41. v. 42 43. Genes 41. v. 42 43. 2 Sam. 7 18. 1 〈◊〉 â—6 1. 1 Reg. 7. 1 Reg. 10. Ester ca. 1. Pâ—alm 22. Psalm 25. Aristotle lib. 2. de Repub. Hieron Epist. Tacitus dâ— Moriâ—us Germanorum c 1.13 â—4 Spelman Gloss. in voce Firma LL. Ina 70. Claus. 23 H. 3. Ibidem m. 14. Ibidem m. 18. Claus. 28. H. 3. Claus. 32 H. 3. m. 15. Claus. 32 H. 3. m. 17. Ex Archiv Tâ—â—r London Weaver's funeral monuments 456. Stowes Survey of London Stowes Survey of London Stows Survey of London Graunts observation of the London Bills of Mortality Job 29. 2 Sam. 6. Dionis Halicarn lib. 2. Lois d' Orleans ovverâ—ures deâ— Parlements Moâ—â—â—releâ— lib. 1. ca. 2.62 Lois d' Orleans les ovvertures des Parlements ca. 8. Guagninus iu descript Mosco viae lib. 1. c. 46. Aelianus lib. 4. vaâ—â—ar Histor. Jo. Magnus lib. 4. cap. 2. John Leo Hist. of Africa 1 Corinth â—3 Selden Hist. of Tithes Ingulphs hist. John de Serres Hist. of France 1 Sam. ca. 25. In Recept Scacâ—ar 1 Chron. ca. 27· Boemus de moâ—iâ—us Gentium Sigonius de Repub Athenien lib. 1.481 de Antique Juâ—e Provâ—iciarum lâ—b 2. Aristotel politic lib. 7. ca. 9. Mat. Paris 803.913 Tully lib. de officiâ—â— Molina de â—â—st Jur. Tom 3. disputâ—t 674. Câ—â—arâ—u ad â—ep peccatum Philipp Honorius Thesaur Politic. Valdesius in proaemâ—o de praerogat Râ—gum Hispaniae â—odâ—n lib. 4. 5. de repub Aristot. Politic. Ezech. 46.8 Speed Hist. of Great Brittaine in Pâ—coemio Mat. Paris in Anno 1246. Vide in 〈◊〉 funeral monumentâ— an information given to Queen Elizabeth of under valuationâ— in the suâ—pression of the Abbieâ— c. Sâ—owes Anâ—a◠〈…〉 Albaâ— M. S. Maâ— Paris 〈…〉 Mat. Pariâ— 7â—6 717. Maâ— Paris 514 2 Sam. 23. Vide Act of Parliament 18. Eliz cap 6. touching the Colledges in the Universities of Oxford and Cambridge reserving a third part of their rents in Corn or Malâ— c. Paâ— 1. Caâ— 1.3 Paâ—t Lex Mâ— câ—toria peâ— Gerard Malâ—nes Sir Ralph Maddâ—sons â—nglandâ— In and Ouâ— M. S. of Sir Thoms Chamberlaines Coke 11. Reports Statute of Herring 35 E. 3. Lewis Roberts Map of Commerce M. S. Sir Thâ—â—aâ— Chamberlaâ—ne Camdens Remaines Higâ—on in â—ibliâ—â—â—eca Cattoniâ—na Hist. Ingulph libeâ— Censualis or Domesday Iu ingro lib. Sceti in glossar Henrici Spelman in voce Fiâ—ma Camdens Remaines Hoâ—eden part posterior 424. Extent mâ—ne 〈◊〉 de â—iâ—burgh pâ—incipis 27. E. 1. In quâ—tâ—am baga entitulat Rageman apud Recept Scâ—iâ— Walsingham hist. Angâ—â—ae 106 In Recâ—pt Scaâ—caâ—ii Walsingham hist. Angliae 168. Walsingham hist. Anglâ—ae 169. Sir Richard Bakers â—hâ—onicle or hist. of England 166. In quaâ—am â—aga 〈◊〉 Râ—geman in Recept Scaccaâ—â—i 2 H. 5. cap. 2. Rot. Parâ— 33. H. 6. Inquis inter eâ—idencias Johannâ—â— Ferrers â—rnâ—geâ—i Terâ—ino Pâ—â—che 2â— â— â— 24 H. 8 cap 3. Sâ—r Richard Bakers history of England 18 Eliz cap. 6. Malines Lex Mercatoria Philippus Caesius a Zesen in Leone Belgico Gerard Malines Lex Mercatoria 47. 147. Philippus Caesius a Zesen in Leone Belgico § 16. Ex libro comput Johannis Druel Supervisoris remanent in Colligio Omnium Animarum in Academia Oxon. Hackluits Voiages lib. 3 Varenius de regno Japan L. de Commerâ— Merâ—â—t C. Pat. 18. E. 1. m. 15. Claus. 14. E. 3. m. 28. Speed Hist of England 〈◊〉 VVâ—lleâ—se Ex antiquo Codice M.S. de custumes de London in Bibliotheca Cl. viri Galfridi Palmer Milit. Baronetti Attorn General Regis Caroli Secundi Zecchius de principat administratione 2 Sam. 11.12 Pat. 3 E. 39. parte 1. m. 6. 18 E. 3. inter consuetudines de Haddenham in Com. Buck Ex antiquo Codice M.S. des Customes de Londres Carta Abbatiae Sancti salvatoris confirm per H. 3. Cart. 17. H. 3. m. 6. in 2. parte Dugdals Monastic Anglic. Dugdales 2 parte Monastic Anglic 528. 2 parte Monastic Anglic 264. Dugdales 2 parte Monastic anglic 187.206 297. Lib. Domesday tit Cestre Dugdales 2 parte Monastic Anglic. 2 parte Dugdales Monastic Anglic. 367. 368. Ex nigro lib. apud Recept Sâ—â—â—câ—arii After our hearty commendations whereas of long time many Gentlemen some eligible to be Sheriffs some that have been in Office in some of the Counties of this Realm have both in Parliament and other places complained of the great burden and charge sustained in the said office of Sheriffwick by reason as they have alleadged of the large Dyets and other charges of the Justices of Assize and Gaol delivery yearly increasing in such sort as many Gentlemen very meet for that office in respect of their wisdom and dexterity to execute the same though not so meet for wealth to bear the charge of expences have of late years made most earnest suits to be forborn onely for want of wealth to bear that burden the Queens Majesty calling this cause now of late into her remembrance hath thought it very necessary to cause the same to be considered by her Council and remedy to be provided therefore as the cause may bear it And in consideration thereof it is by her Maâ—esty and us of her Councel well perceived that by the petitions of divers of the Sheriffs in sundry Counties appearing in the Exchequer for the allowances for the Dyets and other charges of the said Justices the same are yearly grown more and more in charge to the said Sheriffs and consequently her Majesty thereby more charged then in reason ought to be allowed And therefore to remedy this matter it is determined by her Majesty with the advice of us of her Privy Councel That the Sheriffs shall not after this Lent Assizes defray the charges of the Justices of Assizes Diets but that the said Justices shall have of her Majesty several sums of money out of her Coffers for their daily Diets during the time that heretofore the Sheriffs have been chargeable withal within their Counties with which determinations the more part of the said Justices have been by diverse of us of her Majesties Councel made acquainted and thereof we have thought good to give you knowledge as we do the like to all other Sheriffs in the Realm to the intent you may after this Lent Assizes forbear to enter into such further charges and yet it is meant that you shall against the Summer-Assizes by the authority of your office aid and assist the servants of the said Justices that shall require your advice or help to make provisions for their Masters Diets and for lodgings and house-room at as reasonable charges as may and ought to be for the Queens Majesties service and as reason also requireth that the said Justices in respect of their painful and careful services for administration of Justice should be both honorably and favourably used in all things requisite for their own persons and train whereof we trust both you as Sheriffs now being and all other succeeding
you will have a care and due regard Finally we also warn you that now when you shall be unburdened hereof as of a matter long time complained you do not for your private respect enter into any such an unnecessary charge as hath not in former times of the King her Majesties father or other her Progenitors been used nor allowed for it is not meant to give you allowance hereafter of any thing upon your account that shall not be well warranted to be allowed unto you we also havâ— given notice unto the Justiâ—es that it shall be very convenient that at the first coming to the place appointed for the Sessions they do begin to hear and determine the causes of the prisoners in your charge and so far forth as it conveniently may be done proceed to the delivery of the Goal before they proceed to the Assizes whereby the attendance of the multitude of the Justices of Peace shall not need to be so long as if the Goal delivery should be last And therefore we will that you do so make ready your Goal and prisoners that the Justices may first finish that service being the principal cause of their Sessions and so we bid you right heartly farewell from Hampton Court the 21. day of February 1573. For these next Assizes it shall suffice that you make provision for two Messes of meat well furnished and in case over and besides that you shall demand any further allowance of the Justices Diets it is not meant you shall have any allowance for the same afterwards you see what order it hath pleased her Majesty to take herein Your loving friends W. Burghley A. Warwick F. Knollis R. Sâ—dleir E. Lyncoln F. Bedford T. Smith Wa. Mildmay T. Sussex R. Leycester Fr. Walsingham Ex autograph in Bib. Câ—ttoniana Inquis de Statu Senescalli Abbatis de Burgo sancti Edmundi in Escaet 30 E. 1. n. 13. Philip Honorius Thesauâ— Politic. Speed Hist. of England Leiger Book of St. Albans Nehem. c. 7. Grotius Annotat in lib. 3. Regum c. â— Vide the Oaths of the Treasurer and Comptroller of the Kings house Coke 4. parte Institutes 91 Hist. H. 8. by the Lord Herbert of Cherbury Ro. pat 13. Jacobi Bodin de Repub lib. 6. Philip. de Comines hist. Greece Cedrenus lib. 3. ca. 39. Zonaras Lib. 1. Juris Oriental Julius Caesar Bullinger de Vectigalibus Roman Empire Zecchius de principat administrat Appian lib. 2. de bellis Civil Cicero pro leg Manilia Suâ—tonius in vita Julii Caesaris Cicero lib. Epist ad Q. fratrem Legia Papia Livius Hist. Roman Dio. Cass. lib. 50. Plutarch in vita Antonii Strabo in lib. ult Dio. Cass. in Augusto Lampridius in Alexandro Severo Pâ—libius Valen. in l. modios 9. suscept lib. 10. C. 70. Symmachus lib. 9. Epist. 10. Paulus Diaconus lib. 2. Bullinger de Vectigalibus D. de Publican Xiphilinus in Neronâ— Lampridius Rome Naples Philip Honorius Thesaur Politic. Tuscany Philip Honorius Thesaur Politic. Sir John Davies Treatise of impositions Milan Spain Marian lib. lib. 16. Linscâ—tanus Portugall Germany Besoldus de Aerario Public Bâ—llinger de Vectigalibus Gerard du Haillan de l' estat des affaires de France Bodin de Repub l. 6. Bodin lib. 6. de Repub. Hist. de la Mort. de Henry 4. Caesars Comment lib. 6. Lorraine Sir John Davies Treatise of Impositions Ferrara Philip Honorius Thesaur Politic. Venice Philip Honorius Thesaur Politic. Sweden Holland and the Vnited Provinces Philip Caesius a Zesen in Leone Belgic Philippus Caesius a Zesen in Leoâ—e Belgico Grotius in Epist. Strada Decad 1. Philippus Caesius a Zesen in Leone Belgico Sect. 6.130 131. De secret des Finances de France Vide Petition of Right and the Kings answer thereunto in Anno 3 Car. primi Aelianus Hist. variar lib. 1. Brissonius de regno Persiae lib. 1. Suetonius in Augusto Cassiodorus lib. 6 Epist. 7 Rosinus de Antiquitat Roman 54. Bullinger de Vectigalibus popul Roman Lipsius lib. 2. ca. 1. de magnitud Imper. Roman Tacitus de moribus Germanorum 2 Reg. cap. 4 Nehem. 4.17 1. Sam. 25. Besoldus de Aerario pub Bodin lib. 6. d Repub. In memoriali stipendiorum sive honorariorum quae principes Auriaci perceperunt ab ordinibus c Hist. of Spain Gages Survey of the West Indies Spelmans glossar in vocibus Corba Herenachii Vide Act of Parliament and Declaration Skenes Regia Majestas 2 Parlement King James the fourth Vide his speech at a conference in April 1657. Moises Amirault en la vie de la Noüe Plutarch Apothegmes Choppinus de Domainio regum Franciae lib. 1.15 Sir Francis Moores reports Richards Case 764. Smith de repub Anglican 1 Reg. 20.9 Jud. 8.35 Bornitius lib. 5. cap. 1. Novel 8. cap. 10. Sect. 2. In Epist. ad Rom. homil 23. Pat. 18 E. 3. parte 2. m. 45 Galeot Martius d' Doctrin promise cap. 15. Boccalin 2. Ragguagl 15 Boterus 1 Sam. 15. 1 Reg. 8.66 Dan. 1.5